HomeMy WebLinkAbout2024 10-01 CC AGENDA PKT
AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Ditas Yamane, Vice-Mayor – District 3 Benjamin A. Martinez, City Manager
Marcus Bush, Councilmember Barry J. Schultz, City Attorney
Luz Molina, Councilmember- District 1 Shelley Chapel, MMC, City Clerk
Jose Rodriguez, Councilmember R. Mitchel Beauchamp, City Treasurer
_______________________________________________________________________
The City Council also sits as the City of National City Community Development Commission, Housing Authority,
Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the
National City Redevelopment Agency
Thank you for participating in local government and the City of National City Council Meetings.
Meetings: Regular City Council Meetings are held on the first and third Tuesday of the month at
6:00 p.m. Special Closed Session Meetings and Workshops may be same day, the start time is
based on needs. Check Special Agendas for times.
Location: Regular City Council Meetings are held in the Council Chamber located at City Hall,
1243 National City Boulevard, National City, CA 91950, the meetings are open to the public.
Agendas and Material: Agendas and Agenda Packet for items listed are available on the City
website, and distributed to the City Council no less than 72 hours before the City Council Meeting.
Sign up for E-Notifications to receive alerts when items are posted.
Public Participation: Encouraged in a number of ways as described below. Members of the
public may attend the City Council Meeting in person, watch the City Council Meeting via live web
stream, or participate remotely via Zoom. Recording of Meetings are archived and available for
viewing on the City’s website.
Public Comment: Persons wishing to address the City Council on matters not on the agenda
may do so under Public Comments. Those wishing to speak on items on the agenda may do so
when the item is being considered. Please submit a Speaker’s Slip to the City Clerk before the
meeting or immediately following the announcement of the item. All comments will be limited
up to three (3) minutes. The Presiding Officer shall have the authority to reduce the time allotted
to accommodate for a large number of speakers. (City Council Policy 104)
EFFECTIVE JANUARY 1, 2023
All Contributions to Candidates and Current Elected Officials are required to self-report a
Declaration of Campaign Contribution to a Councilmember of more than $250 within the past
year (effective Jan 1, 2023). This report may be included on the Public Comment Speaker Slip to
be completed prior to the City Council Meeting.
If you wish to submit a written comment email to the City Clerk’s Office at least 4 hours before
the City Council Meeting to allow time for distribution to the City Council.
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contact the City Clerk before the start of the meeting for assistance.
American Disabilities Act Title II: In compliance with the American Disabilities Act of 1990,
persons with a disability may request an agenda in appropriate alternative formats as required by
Title II. Any person with a disability who requires a modification or accommodation to participate
in a meeting should direct such request to the City Clerk’s Office (619) 336-4228 at least 24 hours
in advance of the meeting.
AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Ditas Yamane, Vice-Mayor – District 3 Benjamin A. Martinez, City Manager
Marcus Bush, Councilmember Barry J. Schultz, City Attorney
Luz Molina, Councilmember – District 1 Shelley Chapel, MMC, City Clerk
Jose Rodriguez, Councilmember R. Mitchel Beauchamp, City Treasurer
_______________________________________________________________________
The City Council also sits as the City of National City Community Development Commission, Housing Authority,
Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the
National City Redevelopment Agency
Gracias por participar en las reuniones del gobierno local y del Consejo de la Ciudad de National
City.
Reuniones: Las reuniones regulares del Consejo Municipal se llevan a cabo el primer y tercer
martes del mes a las 6:00 p.m. La reunión especial de sesión privada y los talleres pueden ser el
mismo día, la hora de inicio se basa en las necesidades. Consulte las agendas especiales para
conocer los horarios.
Ubicación: Las reuniones regulares del Concejo Municipal se llevan a cabo en la Cámara del
Consejo ubicada en el Ayuntamiento, 1243 National City Boulevard, National City, CA 91950, las
reuniones están abiertas al público.
Agendas y Material: Las Agendas y el Paquete de Agenda para los temas enumerados están
disponibles en el sitio web de la Ciudad y se distribuyen al Concejo Municipal no menos de 72
horas antes de la Reunión del Concejo Municipal. Regístrese para recibir notificaciones
electrónicas cuando se publiquen artículos.
Participación pública: Se fomenta de varias maneras como se describe a continuación. Los
miembros del público pueden asistir a la Reunión del Concejo Municipal en persona, ver la
Reunión del Concejo Municipal a través de la transmisión web en vivo o participar de forma
remota a través de Zoom. Las grabaciones de las reuniones están archivadas y disponibles para
su visualización en el sitio web de la Ciudad.
Comentario Público: Las personas que deseen dirigirse al Concejo Municipal sobre asuntos
que no están en la agenda pueden hacerlo bajo Comentarios públicos. Quienes deseen hacer uso
de la palabra sobre los temas del programa podrán hacerlo cuando se esté examinando el tema.
Por favor, envíe una solicitud del orador al Secretario de la Ciudad antes de la reunión o
inmediatamente después del anuncio del artículo. Todos los comentarios estarán limitados a tres
(3) minutos. El Presidente tendrá la autoridad para reducir el tiempo asign ado para dar cabida a
un gran número de oradores. (Política del Concejo Municipal 104)
Si desea enviar comentarios por escrito, envíe un correo electrónico a la Oficina del Secretario de
la Ciudad al menos 4 horas antes de la Reunión del Consejo Municipal para dar tiempo a la
distribución al Consejo Municipal.
A PARTIR DEL 1 DE ENERO DE 2023
Todas las contribuciones a los candidatos y funcionarios electos actuales deben autoinformar una
Declaración de contribución de campaña a un concejal de más de $ 250 e n el último año (a partir
del 1 de enero de 2023). Este informe puede incluirse en el Recibo del orador de comentarios
públicos que se completará antes de la reunión del Concejo Municipal
Servicios de interpretación en español: Los servicios de interpretación en español están
disponibles, comuníquese con el Secretario de la Ciudad antes del inicio de la reunión para
obtener ayuda.
Título II de la Ley de Discapacidades Americanas: En cumplimiento con la Ley de Discapacidades
Americanas de 1990, las personas con discapacidad pueden solicitar una agenda en formatos
alternativos apropiados según lo requerido por el Título II. Cualquier persona con una
discapacidad que requiera un modificación o adaptación para participar en una reunión debe
dirigir dicha solicitud a la Oficina del Secretario de la Ciudad (619) 336 -4228 al menos 24 horas
antes de la reunión.
AGENDA
Consolidated Regular Meeting
Tuesday, October 1, 2024, 6:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG
4.INVOCATION
5.PUBLIC COMMENT
In accordance with State law, an item not scheduled on the agenda may be brought
forward by the general public for comment; however, the City Council will not be able to
discuss or take action on any issue not included on the agenda. Speakers will have up
to three (3) minutes.
6.PROCLAMATIONS AND RECOGNITION
6.1 Proclamation - Fire Prevention Week 5
6.2 Introduction of New City Employees 6
7.REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
Per Government Code Section 53232.3(d) also known as AB1234: Members of a
legislative body shall provide brief reports on meetings attended at the expense of the
local agency at the next regular meeting of the legislative body.
8.CONSENT CALENDAR
The Consent Calendar may be enacted in one motion by the City Council with a Roll
Call Vote without discussion unless a Councilmember, a member of the Public, or the
City Manager requests an item be removed for discussion. Items removed from the
Consent Calendar will be considered immediately following the adoption of the
Calendar.
8.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance
on this Agenda
8.2 Approval of City Council Meeting Minutes.7
Recommendation:
Approve and File.
8.3 Bayshore Bikeway - Segment 5 project, CIP 22-33, ATP Cycle 6, grant
appropriation for Construction (CON) phase.
25
Recommendation:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of
National City, California, 1) Authorizing the Mayor to Execute Program
Supplement Agreement No. A670 with the State of California Department of
Transportation for the Bayshore Bikeway - Segment 5 project, CIP 22-33, ATP
Cycle 6; 2) Authorizing the Establishment of an Engineering Grants Fund
Appropriation of $2,072,000 and Corresponding Revenue Budget; and 3)
Committing to Providing a Local Match of $310,800.”
8.4 Notice of Decision – Planning Commission Approval of a Conditional Use
Permit (CUP) for a New Charter School (Integrity Charter School) to be located
at 229-241 National City Blvd.
37
Recommendation:
Staff Recommends Approval of the New Charter School, Subject to the
Recommended Conditions in the Attached Planning Commission Resolution
and a Determination that the Project is Exempt from the California
Environmental Quality Act (CEQA). An Educational Institution is a Conditionally
Allowed Use in Development Zone 2 of the Downtown Specific Plan Area and
would be a Resource for the Local Community.
8.5 Project Close-Out and Notice of Completion for the Civic Center ADA
Accessibility Project, CIP No. 19-45.
132
Recommendation:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of
National City, California, 1) Accepting the Work Performed by Blue Pacific
Engineering and Construction for the Civic Center ADA Accessibility Project,
CIP No. 19-45; 2) Ratifying Change Order Work in the Amount of $2,145.10; 3)
Approving the Final Contract Amount of $214,419.00; 4) Ratifying the Release
of Retention in the Amount of $10,720.95; and 5) Authorizing the Mayor to Sign
the Notice of Completion.”
Page 2 of 267
8.6 Project Close-Out and Notice of Completion for the Kimball Park Dog Park and
Tot Lot and Las Palmas Park Dog Park Project, CIP 23-06.
141
Recommendation:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of
National City, California, 1) Accepting the Work Performed by HSCC Inc. for the
Kimball Park Dog Park and Tot Lot + Las Palmas Park Dog Park Project, CIP
No. 23-06; 2) Approving the Final Contract Amount of $1,036,359.28; 3)
Ratifying the Release of Retention in the Amount of $51,817.96; and 4)
Authorizing the Mayor to Sign the Notice of Completion.”
8.7 Approval of Expenditures for Councilmember Jose Rodriguez related to
Attendance at the California Department of Education Housing Summit in
Sacramento on August 14, 2024.
153
Recommendation:
Staff Recommends Approval of Expenditures for Councilmember Jose
Rodriguez related to attendance at the California Department of Housing
Summit in Sacramento on August 14, 2024.
8.8 Warrant Register #7 for the period of 8/9/24 through 8/15/24 in the amount of
$2,564,874.14
162
Recommendation:
Ratify Warrants Totaling $ 2,564,874.14
8.9 Warrant Register #8 for the period of 8/9/24 through 8/15/24 in the amount of
$4,828,614.60
174
Recommendation:
Ratify Warrants Totaling $4,828,615.60
9.STAFF REPORTS
9.1 Development and Disposition Agreement with Tower 999, LLC, for a Mixed-Use
Housing Project Including City-Owned Real Property Located at 921, 925, and
929 National City Blvd.
183
Recommendation:
Adopt the Resolutions Entitled:
“Resolution of the City Council of the City of National City, California,
Authorizing the City Manager to Execute a Disposition and
Development Agreement with Tower 999, LLC, a Nevada Limited
Liability Company, for the Disposition of City-Owned Real Property
Located at 921, 925, and 929 National City Boulevard for the
Development of a Seven-Story, Mixed-Use Building with
Approximately 9,294 Square Feet of Retail/Commercial Space and
127 Rental Housing Units.”
1.
“Resolution of the City Council of the City of National City, California,
Authorizing the City Manager to Execute the Compensation
2.
Page 3 of 267
Agreement by and among the City of National City, the County of San
Diego, the National School District, the Sweetwater Union High
School District, Southwestern College, San Diego County Office of
Education, and the San Diego County Water Authority Pertaining to
the Sale of Real Property Located at 921, 925, and 929 National City
Boulevard in National City.”
9.2 Amending City Council Policy No. 301 – Legislative and Judicial Platform for
2025
243
Recommendation:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of
National City, California, Amending City Council Policy No. 301 – Legislative
and Judicial Platform”
9.3 Municipal Services Agreement Whitepaper – Port of San Diego 255
Recommendation:
Approve for Distribution the City’s Municipal Services Whitepaper to the Port of
San Diego and Other Interested Parties, and Direct the City Manager to Secure
Full Reimbursement Funding from the Port for Providing Municipal Services.
The Full Cost Burden to the City from Providing Port Related Fire, Police,
Community Development, and Engineering Services is $8,848,107.00. The City
Currently Receives from the Port a Base Rate of Approximately $1.3 Million.
10.CITY MANAGER’S REPORT
11.ELECTED OFFICIALS REPORT
12.CITY ATTORNEY REPORT
13.ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, October 15,
2024 - 6:00 p.m. - Council Chambers - National City, California.
Page 4 of 267
Page 5 of 267
Page 6 of 267
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, October 1, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Approval of City Council Meeting Minutes.
RECOMMENDATION:
Approve and File.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Meeting Minutes:
Special City Council Meeting of September 17, 2024
Regular City Council Meeting of September 17, 2024
FINANCIAL STATEMENT:
Not applicable.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
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 - Special City Council Meeting of September 17, 2024 – Meeting Minutes
Exhibit B - Regular City Council Meeting of September 17, 2024 – Meeting Minutes
Page 7 of 267
SPECIAL MEETING MINUTES OF THE CITY COUNCIL
September 17, 2024, 4:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Present: Councilmember Bush
Councilmember Molina
Councilmember Rodriguez
Vice-Mayor Yamane
Mayor Morrison
Others Present: Benjamin A. Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Phil Davis, Interim Finance Director
Lydia Hernandez, Director of Human Resources
Paul Valadez, Budget Manager
Brian Hadley, Deputy City Manager
___________________________________________________________________
1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at
4:06 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243
National City Boulevard, National City, California.
2. ROLL CALL
Councilmembers present: Bush, Molina, Rodriguez, Yamane, Morrison
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Vice-Mayor Yamane led the Pledge of Allegiance.
4. PUBLIC COMMENT (Public Comment will be restricted to Agenda Items Only)
One public comment was received from Laura Wilkinson Sinton.
Page 8 of 267
5. CLOSED SESSION
Members retired into Closed Session at 4:10 p.m. and returned at 5:48 p.m. with all
members present in attendance: Bush, Rodriguez, Yamane, Morrison, Molina, Martinez,
and Schultz. Outside Counsel Rod Coppedge, Dietz, Gilmore & Chazen entered Closed
Session at 4:25 p.m. for Item 5.3.
Announcement of actions taken in Closed Session shall be made at the Regular City
Council Meeting following this meeting at 6:00 p.m.
5.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Cali Mota LLC v City of National City et al.
Superior Court of California, County of San Diego
Case No. 37-2023-00007308-CU-WM-CTL
5.2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9 (d) (1)
Name of Case: BCD, LLC v City of National City. et al.
Superior Court of California, County of San Diego
Case Number: 37-2023-00012507-CU-WM-CTL
5.3 CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations:
Municipal Employees' Association (SEIU, Local 221),
National Firefighters Association (Local 2744), and
Police Officers Association (POA)
Agency Designated Representatives:
Steven Berliner (Labor Negotiator)
Benjamin A. Martinez (City Manager)
Brian Hadley (Deputy City Manager)
Phil Davis (Interim Finance Director)
Paul Valadez (Budget Manager- Finance)
Lydia Hernandez (Human Resources Director)
5.4 LIABILITY CLAIM
Government Code Section 54954.5
WORKERS COMPENSATION CLAIM NOS. AND ADJ
16-128827 - ADJ11600013
21-153370 - ADJ14353536
21-154765 - ADJ14358148
Claimant: Charles Palumbo v. City of National City
6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National
City, of Tuesday, September 17, 2024, at 6:00 p.m. in the Council Chamber, located in
City Hall, 1243 National City Boulevard, National City, California.
Page 9 of 267
The meeting adjourned at 5:48 p.m.
___________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of October 1, 2024.
__________________________
Ron Morrison, Mayor
Page 10 of 267
REGULAR MEETING MINUTES OF THE CITY COUNCIL
September 17, 2024, 6:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Present: Councilmember Bush
Councilmember Molina
Councilmember Rodriguez
Vice-Mayor Yamane
Mayor Morrison
Others Present: Benjamin A. Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Carlos Aguirre, Director of Community Development
Derek Aydelotte, Captain
Phil Davis, Interim Finance Director
Brian Hadley, Deputy City Manager
Lydia Hernandez, Director of Human Resources
Robert Hernandez, Fire Department Division Chief
Steve Manganiello, Director of Public Works/City Engineer
________________________________________________________________
Page 11 of 267
1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at
6:05 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243
National City Boulevard, National City, California.
2. ROLL CALL
Councilmembers present: Bush, Molina, Rodriguez, Yamane, Morrison
Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Molina led the Pledge of Allegiance.
4. INVOCATION
Delivered by Pastor Benny Madrid, Word of Life Worship Center of National City.
5. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing
three (3) minutes per comment and introduced City Clerk Chapel.
Four (4) speakers provided virtual comments and four (4) people provided in-person
comments:
Virtual Comment:
Becky Rapp
Terri Ann Skelly
Megan Stuart
Barbara Gordon
In-person Comment:
Ted Godshalk
Larry Emerson
Ed Nieto
Geoffrey Schrock
6. PROCLAMATIONS AND RECOGNITION
6.1 Proclamation - Constitution Week
Mayor Morrison introduced the Proclamation.
7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes
each)
Councilmember Rodriguez reported on the SANDAG Joint Mobility Working Group and
provided information about SANDAG’s Zero Emission Vehicle Incentive Program.
Page 12 of 267
Councilmember Bush provided an update on the San Diego County Air Pollution Control
Board and the discussion of the Tijuana River Valley sewer crisis.
Councilmember Molina reported on the SANDAG Board of Directors Meeting and
discussion of the Tijuana River Valley sewer crisis and the results of two recent
performance audits.
Vice-Mayor Yamane reported on the Sweetwater Authority’s Low Income Customer
Assistance Program to assist low-income residents with their water bill.
Mayor Morrison had no report.
8. INTERVIEWS AND APPOINTMENTS
8.1 Appointments: City Boards, Commissions, and Committees – City Council
Interview and Appointment for the Civil Service Commission, and Planning
Commission
Mayor Morrison introduced City Clerk Chapel who provided direction on the
interview process.
Civil Service Commission applicant Gilmore Elayda was not present to be
interviewed.
ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina
to appoint Gilmore Elayda to the Civil Service Commission for a term ending
September 30, 2029.
Motion carried by unanimous vote.
Clerk Chapel reported that Planning Commission applicant, Sonya Flores had
withdrawn her application.
Recommendation: City Council to Conduct Interviews and Appoint.
Interviews were conducted for the following Planning Commission applicants:
Ricardo Sanchez (incumbent)
Wellington Clave
Planning Commission Applicant Amelito Gozum was not present to be interviewed.
City Council ballot votes were as follows for the Planning Commission seat:
Councilmember Bush – Richardo Sanchez
Councilmember Molina – Richardo Sanchez
Councilmember Rodriguez – Wellington Clave
Vice-Mayor Yamane – Richardo Sanchez
Mayor Morrison – Richardo Sanchez
Incumbent Ricardo Sanchez received the majority of the votes and was appointed
to the Planning Commission for a term ending September 30, 2028.
Page 13 of 267
ACTION: Motion by Councilmember Molina, seconded by Councilmember Bush
to appoint Wellington Clave to the Civil Service Commission for a term ending
September 30, 2029.
Motion approved by unanimous vote.
8.2 Appointments: City Boards, Commissions and Committees – Mayoral Appointment
to the Board of Library Trustees; Park, Recreation & Senior Citizens Advisory
Committee; Public Art Committee; and Traffic Safety Committee.
Recommendation: Mayoral Appointment with City Councilmembers’ Confirmation.
ACTION: Motion by Mayor Morrison, seconded by Councilmember Bush to
appoint Elizabeth Huato-Maldonado, Nidya Rivera-Moreno, and Jissan Ravanilla
to the Board of Library Trustees for terms ending September 30, 2027.
Motion carried by unanimous vote.
ACTION: Motion by Mayor Morrison, seconded by Councilmember Molina to
appoint Daniel Perez to the Parks, Recreation & Senior Citizens Advisory
Committee for a term ending September 30, 2027, Jesus Hizon for a term ending
March 31, 2026, and LaTonya Harris Croom f or a term ending September 30,
2026.
Motion carried by unanimous vote.
ACTION: Motion by Mayor Morrison, seconded by Vice-Mayor Yamane to appoint
Erick Carbajl, Carmela Hinton, and Charles Reilly to the Public Art Committee for
terms ending September 30, 2027.
Motion carried by unanimous vote.
ACTION: Motion by Mayor Morrison, seconded by Vice-Mayor Yamane to appoint
Yvonne Howrey-Colmenero to the Traffic Safety Committee for a term ending
September 30, 2027.
Motion carried by unanimous vote.
9. CONSENT CALENDAR
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to approve
Consent Calendar Items with the exception of Items 9.5 and 9.12 pulled by Vice-Mayor
Yamane, 9.6 pulled by Councilmember Molina and items 9.13 and 9.18 pulled by
members of the public.
Motion carried by unanimous vote.
Page 14 of 267
9.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on
this Agenda
Motion carried by unanimous vote.
9.2 Approval of City Council Meeting Minutes
Approve and File.
Motion carried by unanimous vote.
9.3 Accept SDG&E’s 2024 SAFE San Diego Grant Program Award of $3,000 for the
City’s CERT Program.
Adopted Resolution No. 2024-98.
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National
City, California, Authorizing the Acceptance of Funds in the Amount of $3,000 from
the San Diego Gas & Electric (SDG&E) 2024 SAFE San Diego Grant Program for
the National City Community Emergency Response Team (CERT) Program and
Authorizing the Establishment of a Reimbursable Grants City-Wide Fund
Appropriation in the Amount of $3,000 with a Corresponding Revenue Budget.”
Motion carried by unanimous vote.
9.4 Agreement with Cosco Fire Protection, Inc. for Facilities Maintenance Services
Adopted Resolution No. 2024-99.
Adopt the Resolution Entitled: “Resolution of the City Council of the City of National
City, California, Authorizing the Mayor to Execute an Agreement with Cosco Fire
Protection, Inc. to Provide Fire Prevention and Life Safety System Services for a
Not-to-Exceed Amount of $150,000.”
Motion carried by unanimous vote.
Item pulled for discussion.
9.5 Amendment of Chapter 18.29 of the National City Municipal Code to Add
Regulations for the Mixed Use Overlay Zone.
Community Development Director Carlos Aguirre provided a brief report.
Recommendation: Initiate the Code Amendment.
Page 15 of 267
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to
Initiate the Code Amendment.
Motion carried by unanimous vote.
Item pulled for discussion.
9.6 Approval of a Settlement Agreement between Sophia Bhandari, Sierra Wilson and
Tony Philip Wilson and the City of National City.
Adopted Resolution No. 2024-100.
At the request of Councilmember Molina, City Attorney Schultz addressed public
comment received on the item and provided the following statement. “The
settlement agreement is not an admission of liability; this is solely a compromise
to avoid the continuing expenses related to the litigation. The Officers involved
were actually cleared of any wrong doing by a District Attorney investigation. We
have continued faith in our Police Department and our Police Officers and we
continue to support them as they risk their lives to protect our citizens. With respect
to the public comment from Mr. Godshalk, and I think you heard some of that during
public comment, it is true that on June 18th we had a Closed Session regarding
this matter and in fact this Council did authorize us to pursue settlement for the
amount of $350,000, up-to the amount of $350,000. Under the Government Code
I am required to report out actions that are taken by the City Council however, if
final approval of a settlement rests with some other party or the Court, no
disclosure report is required until the settlement becomes final. After our Closed
Session, I had to go back to court and report that we had authority to settle and
the case settled. Tonight, we are bringing it back in open session so that the public
is aware that a settlement was made.”
“With respect to the City’s exposure, our monetary exposure is limited to $250,000
the remainder of it is covered by insurance. So in addition to the $100,000 above
our cap, there was also about $300,000 that were expended in attorneys’ fees,
those are all covered under insurance. We were represented by William Pate of
Devaney Pate Morris & Cameron and I think the last question he asked, well I think
there were two. One is, under our line item budget for Risk Management, we
allocated approximately $1,116,000 in hopes to cover any potential exposure we
have in litigation. To date, before this, our expenditures have been approximately
$40,000 and then lastly, he made reference to an Emily Howe and asked who she
was. Well she happened to be the Counsel for the plaintiff and she signed the
settlement agreement on behalf of the plaintiff’s counsel. So in conclusion, I did
not mislead the public. I followed my obligation under the Government Code and
we are here tonight to provide the public with notice that this matter has been
settled.”
Written comment was received from Ted Godshalk.
Page 16 of 267
Recommendation: Adopt the Resolution Entitled: “Resolution of the City Council
of the City of National City, California, Approving the Settlement Agreement
between Sophia Bhandari, Sierra Wilson and Tony Philip Wilson and the City of
National City.”
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to
adopt the resolution.
Motion carried by unanimous vote.
9.7 Awarding a Contract to Palm Engineering Construction Company, Inc. for the
16th Street and M Avenue Storm Drain Replacement Project, CIP No. 24-12.
Adopted Resolution No. 2024-101.
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National
City, California, 1) Awarding a Contract to Palm Engineering Construction
Company, Inc. in the Not-to-Exceed Amount of $346,500 for the 16th Street and
M Avenue Storm Drain Replacement Project, CIP No. 24-12; 2) Authorizing a 15%
Contingency in the Amount of $51,975 for any Unforeseen Changes; 3)
Authorizing the Mayor to Execute the Contract; and 4) Authorizing the
Establishment of an Appropriation in the Amount of $398,475 in the Storm
Response Contracted Services Account.”
Motion carried by unanimous vote.
9.8 9th AMR Agreement Extension
Adopted Resolution No. 2024-102.
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National
City, California, Approving and Authorizing the Mayor to Execute the Ninth
Amendment to the Agreement by and between the City of National City and
American Medical Response Ambulance Service, Inc. to Continue to Provide Basic
and Advanced Life Support Ambulance Transportation Services Effective from
September 1, 2024 through August 31, 2025.”
Motion carried by unanimous vote.
9.9 Consultant Contract to Provide Police Service Police Officer’s Standards and
Training (“P.O.S.T.”) Certified Canine, Basic Course / Academy Trainings and
Weekly Maintenance in Patrol Work for Police Service Dogs (“K9’s”) and Their
Handlers.
Adopted Resolution No. 2024-103.
Page 17 of 267
Adopt a Resolution entitled, “Resolution of the City Council of the City of National
City, California, Authorizing the Mayor to Execute an Agreement with MAN-K9 Inc.
to Provide Basic Course/Academy Training and Weekly Training for Police Service
Dogs and Their Handlers, in a Not-to-Exceed amount of $22,080 for the First
Year.”
Motion carried by unanimous vote.
9.10 First Amendment with ASSI Security for Facilities Maintenance Services
Adopted Resolution No. 2024-104.
Adopt the Resolution Entitled, “Resolution of the City Council of the City of
National City, California, Authorizing the Mayor to Execute a First Amendment to
the Agreement with ASSI Security, Increasing the Not-to-Exceed Amount by
$100,000, for a Total Agreement Amount of $150,000.”
Motion carried by unanimous vote.
9.11 First Amendment with Vortex Industries, LLC for Facilities Maintenance Services
Adopted Resolution No. 2024-105.
Adopt the Resolution Entitled, “Resolution of the City Council of the City of
National City, California, Authorizing the Mayor to Execute a First Amendment to
the Agreement with Vortex Industries, LLC, Increasing the Not-to-Exceed Amount
by $100,000, for a Total Not-to-Exceed Amount of $150,000.”
Motion carried by unanimous vote.
Item pulled for discussion.
9.12 Performance Report of Annual Fire Safety Inspections
Adopted Resolution No. 2024-106.
Report provided by Fire Department Division Chief Robert Hernandez.
Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of
the City of National City, California, Acknowledging Receipt of a Report Made by
the Fire Chief of the National City Fire Department Regarding the Annual
Inspection of Certain Occupancies Pursuant to Sections 13146.2 and 13146.3 of
the California Health and Safety Code.”
Page 18 of 267
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to
adopt the resolution.
Motion carried by unanimous vote.
Item pulled for discussion.
9.13 Police Officer Association Salary Increase
Adopted Resolution No. 2024-107.
Public comment received from Ed Nieto.
Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council
of the City of National City, California, Amending the National City Police Officers’
Association Salary Schedule and Authorizing an Increase of $928,400 to the
General Fund Police Personnel Services Budget Appropriations.”
ACTION: Motion by Councilmember Molina, seconded by Councilmember Bush
to adopt the resolution.
Motion carried by unanimous vote.
9.14 Second Amendments to On-Call Consultant Agreements for the City’s Capital
Improvement Program (CIP)
Adopted Resolution No. 2024-108.
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National
City, California, Authorizing the Mayor to Execute, 1) a Second Amendment to the
Agreement with D-MAX Engineering, Inc. to Extend the Agreement by One Year,
Including Hourly Rate Updates; 2) a Second Amendment to the Agreement with
Geosyntec Consultants, Inc. to Extend the Agreement by One Year and Increase
the Not-to-Exceed Amount by $1,000,000, Including Hourly Rate Updates; and 3)
Second Amendments to the Agreements with a) Verdantas Inc., Successor to
Leighton Consulting, Inc., b) Ninyo & Moore Geotechnical & Environmental
Sciences Consultants, and c) Randall/Lamb/Associates to Extend Agreements by
One Year.”
Motion carried by unanimous vote.
Page 19 of 267
9.15 Summary Vacation of Excess Street Right-of-Way on East 27th Street between ‘A’
and ‘D’ Avenues.
Direct the Summary Vacation of Excess Right-of-Way on the South Side of East
27th Street between ‘A’ and ‘D’ Avenues.
Motion carried by unanimous vote.
9.16 Temporary Use Permit – Pumpkin Station hosted by Pinery Christmas Trees at
Westfield Plaza Bonita Mall from September 27, 2024, through October 31, 2024,
with No Waiver of Fees.
Approve the Application for a Temporary Use Permit Subject to Compliance with
all Conditions of Approval with No Waiver of Fees and in Accordance with City
Council Policy 802.
Motion carried by unanimous vote.
9.17 Investment Report for the Quarter Ended June 30, 2024.
Accept and File the Investment Report for the Quarter Ended June 30, 2024.
Motion carried by unanimous vote.
Item pulled for discussion.
9.18 Warrant Register #5 for the period of 7/26/24 through 8/1/24 in the amount of
$8,869,936.22
Public comment received from Thomas Rike.
Recommendation: Ratify Warrants Totaling $8,869,936.22
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to
ratify Warrant Register #5.
Motion carried by unanimous vote.
9.19 Warrant Register #6 for the period of 8/2/24 through 8/8/24 in the amount of
$2,871,840.75
Ratify Warrants Totaling $2,871,840.75
Motion carried by unanimous vote.
Page 20 of 267
10. CONTINUED PUBLIC HEARING
10.1 Ordinance for Second Reading and Adoption – Unauthorized Camping or
Encampments on Public Property
Adopted Ordinance No. 2024-2534.
Mayor Morrison declared the Public Hearing open at 7:17 p.m.
There were no public comments.
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez
to close the public hearing.
Motion carried by unanimous vote.
Public Hearing closed at 7:18 p.m.
Recommendation: Adopt Ordinance by Second Reading, Entitled, “An Ordinance
of the City Council of the City of National City, California, Amending Title 10 of the
National City Municipal Code by Adding Chapter 10.56, All Pertaining to
Regulating Encampments on Public Property to Establish a Standard for the
Protection of the Life, Health, and Safety of All People, and Sensitive Public Lands
within the City of National City.”
ACTION: Motion by Councilmember Bush, seconded by Councilmember
Rodriguez to adopt the resolution.
Motion carried by unanimous vote.
11. PUBLIC HEARING
11.1 First Substantial Amendment to the FY24-25 HUD Annual Action Plan to reallocate
CDBG funds to Water and Sewer Improvements.
Adopted Resolution No. 2024-109.
Director of Community Services Carlos Aguirre introduced the item and introduced
Director of Public Works/City Engineer Steve Manganiello who provided a report.
Mayor Morrison left the dais at 7:20 p.m. and returned at 7:21 p.m.
Mayor Morrison declared the Public Hearing open at 7:24 p.m.
There were no public comments.
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to
close the public hearing.
Motion carried by unanimous vote.
Public Hearing closed at 7:25 p.m.
Page 21 of 267
Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council
of the City of National City, California, Adopting the First Substantial Amendment
to the 2024-2025 U.S. Department of Housing and Urban Development Annual
Action Plan to Reallocate $570,184 in Community Development Block Grant
Funds from Set-Aside for a Planned Section 108 Loan to Water and Sewer
Improvements and Authorizing Staff to Make Budget Adjustments as Necessary
Based on HUD’s Final Allocation to the City for the 2024-2025 Annual Action Plan.”
ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to
adopt the resolution.
Motion carried by unanimous vote.
11.2 Public Hearing No. 1 of 2 on the U.S. Department of Housing and Urban
Development (HUD) 2025-2029 Consolidated Plan and 2025-2026 Action Plan
Director of Community Services Carlos Aguirre provided a PowerPoint
presentation.
Mayor Morrison declared the Public Hearing open at 7:28 p.m.
Public Comment and a handout was received from Sushmitha Kudari.
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Bush to
close the public hearing.
Motion carried by unanimous vote.
Public Hearing closed at 7:33 p.m.
Recommendation: Conduct the Public Hearing to Receive Comments from
Members of the Public Concerning Housing and Community Development Needs,
Program Performance, and Strategies for Affirmatively Furthering Fair Housing.
Item did not require a vote.
12. STAFF REPORTS
12.1 Memorandum of Understanding (MOU) Providing Rent Stabilization in National
City Mobilehome Parks for a Term of Ten Years Effective January 1, 2025.
Adopted Resolution No. 2024-110.
Director of Community Services Carlos Aguirre provided a PowerPoint
presentation.
Councilmember Bush left the dais at 7:38 p.m. and returned at 7:47 p.m.
Mayor Morrison disclosed that he met with two owners in 2023.
Councilmember Molina disclosed that she met with property owners and had
previously met with tenants.
Page 22 of 267
Councilmember Rodriguez disclosed that he met with residents on multiple
occasions.
Vice-Mayor Yamane disclosed that she met with Julie Paule in 2023.
Public comment was received from Julie Paule, Kim Eggeston, and Vina Ramirez.
Recommendation: Adopt the Resolution, Entitled, “Resolution of the City Council
of the City of National City, California, Authorizing the City Manager to Execute a
Mobilehome Park Memorandum of Understanding, and Agreement Affecting Real
Property By and Among the City of National City and Bonita Paradise, LLC, Bonita
Vista MHP, Happy Hallow MHP LP, and Keystone TP for a Term of Ten Years,
Effective January 1, 2025.”
ACTION: Motion by Councilmember Rodriguez, seconded by Mayor Morrison to
adopt the resolution.
Motion carried by unanimous vote.
13. CITY MANAGER’S REPORT
City Manager Ben Martinez informed the City Council that he would provide them with a
recruitment update via email.
14. ELECTED OFFICIALS REPORT
Closing remarks were provided by members of the City Council.
15. CITY ATTORNEY REPORT
Mayor Morrison introduced City Attorney Schultz who announced that there were no
reportable items on all four Closed Session agenda items.
5.1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Cali Mota LLC v City of National City et al.
Superior Court of California, County of San Diego
Case No. 37-2023-00007308-CU-WM-CTL
5.2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9 (d) (1)
Name of Case: BCD, LLC v City of National City. et al.
Superior Court of California, County of San Diego
Case Number: 37-2023-00012507-CU-WM-CTL
Page 23 of 267
5.3 CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations:
Municipal Employees' Association (SEIU, Local 221),
National Firefighters Association (Local 2744), and
Police Officers Association (POA)
Agency Designated Representatives:
Steven Berliner (Labor Negotiator)
Benjamin A. Martinez (City Manager)
Brian Hadley (Deputy City Manager)
Phil Davis (Interim Finance Director)
Paul Valadez (Budget Manager- Finance)
Lydia Hernandez (Human Resources Director)
5.4 LIABILITY CLAIM
Government Code Section 54954.5
WORKERS COMPENSATION CLAIM NOS. AND ADJ
16-128827 - ADJ11600013
21-153370 - ADJ14353536
21-154765 - ADJ14358148
Claimant: Charles Palumbo v. City of National City
16. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National
City, Tuesday, October 1, 2024 at 6:00 p.m. in the Council Chamber, located in City Hall,
1243 National City Boulevard, National City, California.
The meeting adjourned at 8:09 p.m.
_________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of October 1, 2024.
__________________________
Ron Morrison, Mayor
Page 24 of 267
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil
Meeting Date: Tuesday, October 1, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Bayshore Bikeway - Segment 5 project, CIP 22-33, ATP Cycle 6, grant appropriation for
Construction (CON) phase.
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California,
1) Authorizing the Mayor to Execute Program Supplement Agreement No. A670 with the State of
California Department of Transportation for the Bayshore Bikeway - Segment 5 project, CIP 22-
33, ATP Cycle 6; 2) Authorizing the Establishment of an Engineering Grants Fund Appropriation
of $2,072,000 and Corresponding Revenue Budget; and 3) Committing to Providing a Local Match
of $310,800.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to
the California Department of Transportation (Caltrans) for the Bayshore Bikeway – Segment 5
Project. The project will provide nearly 1.5 miles of protected bicycle facilities along McKinley
Avenue and Marina Way in the City of National City (City) (see attached exhibit). Staff requested
$5,421,000 in Federal ATP funds for the construction phase of the project. In January 2019, staff
received notification from Caltrans that the City had been awarded Federal ATP funds in the
amount of $5,421,000, which requires a local match from the City of $70,000.
On November 19, 2019, the City adopted resolution No. 2019-155 authorizing the Mayor to
execute a Memorandum of Understanding (MOU) between the San Diego Unified Port District
(Port of San Diego) and the City, in which the Port of San Diego committed to fund $900,000 for
the project’s design and entitlements, including: environmental clearance, topographic survey,
and preliminary and final design of the project.
In June 2022, due to construction cost increases, staff submitted a Cycle 6 Federal ATP grant
application to Caltrans in the amount of $2,072,000. At their December 7, 2022 meeting, the
California Transportation Commission (CTC) awarded an ATP grant to the City in the amount of
$2,072,000 for the Project. During its January 2024 meetings, the CTC allocated funding for the
CON phase in the amount of $2,072,000 (see attached Exhibit B – Allocation Letter).
Page 25 of 267
On July 30, 2024, Caltrans issued a PSA to staff authorizing the City to proceed with the CON
phase in the amount of $2,072,000 with a required local match of $310,800 (see attached Exhibit
C – PSA). Appropriations are available in the General Fund in the Traffic System Improvements
project.
Design of this project has been completed, and construction is anticipated to start in 2025.
FINANCIAL STATEMENT:
ATP Cycle 6 Grant $2,072,000 (new appropriation and corresponding revenue)
Expenditure/Project Account No. 296-10-18-18500-7598- 6620296 (Expense)
Revenue/Project Account No. 296-10-31-31100-3498- 6620296 (Federal Funded - Revenue)
Local Match $310,800 (no new appropriation)
Expenditure/Project Account No. 100-10-18-18500-7598- 6573100 (Traffic System
Improvements CIP)
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is a project under CEQA and requires full environmental review and the preparation of an
environmental impact report. CCR 15362.
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 – Project Location Map
Exhibit B – Allocation Letter
Exhibit C – PSA
Exhibit D – Resolution
Page 26 of 267
Bayshore Bikeway - Segment 5 project, CIP 22-33 - Location Map
Page 27 of 267
Mr. Stephen Manganiello
Director of Engineering & Public Works
City of National City
1243 National City Blvd.
National City, CA 91950
Dear Mr. Manganiello:
Your letter dated April 22, 2024 requested a fund allocation from the Active Transportation Program for the City of
National City Bike Path - The construction of a Class 1 and 4 bicycle facilities, improved signalized and unsignalized
intersections, improve rail crossings, coastal. This project is programmed in the Active Transportation Program (ATP),
as amended.
The State hereby makes the following allocation on June 28, 2024, effective June 28, 2024.
At their June 28, 2024 meeting, the California Transportation Commission (CTC) allocated funding in the amount(s)
shown below.
STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
July 15, 2024
11-SD-0-NATC
ATPL-5066(060)
Adv Id: 1124000253
11-1526PPNO:
Request No:1
Allocation No.2024-322 ATP FUND ALLOCATION
40
79
Senate District No.:
Assembly District
Amount
Programmed
Fiscal Year
Programmed
Amount Previously
Allocated
This
Request
Const $2,072,000 2024 $0 $2,072,000
Federal Funds
State Funds
$0
$2,072,000
Total
This allocation makes available $0 of federal funds* and $2,072,000 of State (or State-only) funds for a total of
$2,072,000.
* A separate request for authorization to proceed (E-76) is required prior to the start of reimbursable work for
projects receiving Federal funds.
The effective date of allocation serves as the authorization to proceed and establishes the date for the start of
reimbursable work for State-only funded projects.
$2,072,000$0$2,072,000
CTC ATP Ltr.Page 28 of 267
Mr. Stephen Manganiello
July 15, 2024
Page 2
ATPL-5066(060)
For This Allocation:
Funds allocated for project E & P are available for expenditure until:Not Applicable.
Funds allocated for project PS & E are available for expenditure until:Not Applicable.
Funds allocated for project RW are available for expenditure until:Not Applicable.
Funds allocated for construction -- Agency has 6 month(s) after the date of allocation to award a contract.
Your attention is directed to the Local Assistance Procedures Manual, LPPs and the current CTC guidelines for
detailed instructions and information.
This allocation is not a commitment on the part of the State to make reimbursements until an Administering Agency -
State Agreement (Master Agreement), if necessary, and a project specific program supplement are executed
between the Agency and the State.
The project's award information should be submitted to the District Local Assistance Engineer (DLAE) immediately
after award of the construction contract. A copy of the project's award package also needs to be included with the
submittal of the Administering Agency's first invoice to the Local Programs Accounting Branch. Please refer to Local
Programs Procedures (LPP) LPP 01-06 for guidance regarding the contents of the project award package.
The Commission may grant a one-time extension to each of the deadlines specified above if it finds that an
unforeseen and extraordinary circumstance beyond the control of the responsible agency has occurred that justifies
the extension. Please refer to the Local Assistance website at https://dot.ca.gov/programs/local-assistance for
additional guidance.
After award of the contract, the Agency has up to 36 months to complete the construction or vehicle purchase
contract.
Sincerely,
ROBERT NGUYEN , Chief
Division of Local Assistance
c: SANDAG
Attachment: CTC Vote Box
Office of Project Management Oversight - South
CTC ATP Ltr.
for
Page 29 of 267
Mr. Stephen Manganiello
July 15, 2024
Page 3
ATPL-5066(060)
bc: LPA
DLA AE Project Files
District - (11) DLAE - Brian Ott
CTC ATP Ltr.Page 30 of 267
00000A670
FOR STATE FUNDED PROJECTS NO 11-5066S21
1124000253
July 29, 2024
11-SD-0-NATC
ATPL-5066(060)
5066
This Program Supplement, effective 06/28/2024, hereby adopts and incorporates into the Administering Agency-State
Agreement No. 11-5066S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY
and the STATE with an effective date of 09/12/2022 and is subject to all the terms and conditions thereof. This PROGRAM
SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of
Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived
from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special
Covenants and remarks set forth on the following pages.
At the rail crossing near the intersection of Bay Marina Drive and Marina Way, and at the rail
crossing north of the intersection of Harbor Drive
and Civic Center Drive.
Bike Path 0.0(MILES)
State FundsEstimated Cost Matching Funds
CITY OF NATIONAL CITY
By ________________________________By ________________________________
Title _______________________________
Date _______________________________
Attest _______________________________Date _______________________________
Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer ____Date _______________
PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK:LENGTH:
LOCAL OTHER
$2,382,800.00 $310,800.00 $0.00
Chief, Office of Project Implementation
STATE OF CALIFORNIA
Department of Transportation
$2,072,000.00
$2,072,000.00STATE
1Page of 4Program Supplement 11--506-A670- SERIAL
7/29/24
Page 31 of 267
SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
ATPL-5066(060)
1.A. This PROJECT will be administered in accordance with the applicable CTC STIP
guidelines and the Active Transportation Program guidelines as adopted or amended, the
Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines
(LAPG), and this PROGRAM SUPPLEMENT.
B. This PROJECT is programmed to receive State funds from the Active Transportation
Program (ATP). Funding may be provided under one or more components. A component(s)
specific fund allocation is required, in addition to other requirements, before reimbursable
work can occur for the component(s) identified. Each allocation will be assigned an effective
date and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible
PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the
effective date of the component specific allocation will constitute the start of reimbursable
expenditures.
C. STATE and ADMINISTERING AGENCY agree that any additional funds made available
by future allocations will be encumbered on this PROJECT by use of a STATE-approved
Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE
funds available for reimbursement will be limited to the amount allocated by the California
Transportation Commission (CTC) and/or the STATE.
D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve
supplementary allocations, time extensions, and fund transfers between components. Funds
transferred between allocated project components retain their original timely use of funds
deadlines, but an approved time extension will revise the timely use of funds criteria for the
component(s) and allocation(s) requested. Approved supplementary allocations, time
extensions, and fund transfers between components made after the execution of this
PROGRAM SUPPLEMENT will be documented and considered subject to the terms and
conditions thereof.
Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter,
Time Extension Letter, and Finance Letter, as appropriate.
E. This PROJECT is subject to the timely use of funds provisions enacted by the Active
Transportation Program guidelines, as adopted or amended, and by approved CTC and State
procedures as outlined below.
Funds allocated for the environmental & permits (E&P), plan specifications & estimate
(PS&E), and right-of-way components are available for expenditure until the end of the
second fiscal year following the year in which the funds were allocated.
2Page of 4Program Supplement 11--506-A670- SERIAL
Page 32 of 267
SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
ATPL-5066(060)
Funds allocated for the construction component are subject to an award deadline and contract
completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6
months of the construction fund allocation and to complete and accept the construction within
36 months of award.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District
Local Assistance Engineer immediately after project contract award and prior to the submittal
of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do
so will cause a delay in the State processing of invoices for the construction phase.
G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P),
plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after
the end of last eligible fiscal year of expenditure. For construction costs, the
ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to
make the final payment to the contractor prepare the final Report of Expenditures and final
invoice, and submit to STATE for verification and payment.
H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures"
within 180 days of PROJECT completion will result in STATE imposing sanctions upon
ADMINISTERING AGENCY in accordance with the current LAPM and the Active
Transportation Program (ATP) Guidelines.
I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform
Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to
be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP),
submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations
requirements which may be accessed at: www.dot.ca.gov/hq/audits/.
ADMINISTERING AGENCY agrees to comply with, and require all sub-recipients and project
sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost
Principles and Audit Requirement for Federal Awards, and all applicable Federal and State
laws and regulations.
ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors
will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and
State laws and regulations, shall be used to determine the allowability of individual PROJECT
cost items.
Any Fund expenditures for costs for which ADMINISTERING AGENCY has received
3Page of 4Program Supplement 11--506-A670- SERIAL
Page 33 of 267
SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
ATPL-5066(060)
payment or credit that are determined by subsequent audit to be unallowable under 2 CFR,
Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING
AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE
within 30 days of demand, or within such other period as may be agreed in writing between
the Parties hereto, STATE is authorized to intercept and withhold future payments due
ADMINISTERING AGENCY from STATE or any third-party source, including, but not limited
to, the State Treasurer, the State Controller, and the California Transportation Commission.
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to
comply with all reporting requirements in accordance with the Active Transportation Program
guidelines, as adopted or amended.
K. This PROJECT has received funds from Active Transportation Program (ATP). The
ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC
Adopted SB1 Accountability and Transparency Guidelines.
2.The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope
of work presented in the application and approved by the California Transportation
Commission. Any changes to the approved PROJECT scope without the prior expressed
approval of the California Transportation Commission are ineligible for reimbursement and
may result in the entire PROJECT becoming ineligible for reimbursement.
4Page of 4Program Supplement 11--506-A670- SERIAL
Page 34 of 267
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1)
AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO.
A670 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE
BAYSHORE BIKEWAY - SEGMENT 5 PROJECT, CIP 22-33, ATP CYCLE 6; 2) AUTHORIZING
THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF
$2,072,000 AND CORRESPONDING REVENUE BUDGET; AND 3) COMMITTING TO
PROVIDING A LOCAL MATCH OF $310,800.
WHEREAS, in July 2018, City staff submitted a Cycle 4 Active Transportation Program
(“ATP”) grant application to the California Department of Transportation (“Caltrans”) for the
Bayshore Bikeway – Segment 5 project (“Project”); and
WHEREAS, the Project will provide nearly 1.5 miles of protected bicycle facilities along
McKinley Avenue and Marina Way in the City of National City (“City”); and
WHEREAS, in January 2019, staff received notification from Caltrans that the City had
been awarded Federal ATP funds in the amount of $5,421,000 for the Project, which required a
local match from the City of $70,000; and
WHEREAS, additionally, on November 19, 2019, the City adopted resolution No. 2019-
155 authorizing entering into a Memorandum of Understanding (“MOU”) with the San Diego
Unified Port District (“Port of San Diego”) in which the Port of San Diego committed to fund
$900,000 for the Project’s design and entitlements; and
WHEREAS, due to construction cost increases, in June 2022, City staff submitted a Cycle
6 Federal ATP grant application to Caltrans in the amount of $2,072,000 for the Project; and
WHEREAS, at their December 7, 2022 meeting, the California Transportation
Commission awarded an ATP grant in the amount of $2,072,000 to the City for the Project; and
WHEREAS, the $2,072,000 award was distributed entirely for the Construction (“CON”)
phase of the Project; and
WHEREAS, on July 30, 2024, Caltrans issued an authorization to proceed to the City for
the CON phase, formalized as a Program Supplement Agreement (“PSA”), confirming the State
Funds portion of $2,072,000 with a required local match of $310,800; and
WHEREAS, funds are available to meet the local match utilizing existing appropriations in
the General Fund’s Traffic Systems Improvements project; and
WHEREAS, City staff recommends the City Council adopt this Resolution authorizing the
Mayor to execute PSA No. A670 with Caltrans for the Project to allow for reimbursement of up to
$2,072,000 for the CON phase.
Page 35 of 267
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes the Mayor to execute Program
Supplement Agreement No. A670 with the State of California Department of Transportation for
the Bayshore Bikeway - Segment 5 project, CIP 22-33, ATP Cycle 6.
.
Section 2: That the City Council hereby authorizes the establishment of an
Engineering Grants Fund Appropriation of $2,072,000 and corresponding revenue budget.
Section 3: That the City Council hereby authorizes to commit to providing a local
match of $310,800 from the Traffic System Improvements project.
Section 4: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 1st day of October, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
Page 36 of 267
AGENDA REPORT
Department: Planning
Prepared by: Martin Reeder, AICP – Asst. Director of Community Development
Meeting Date: Tuesday, October 1, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) for a New
Charter School (Integrity Charter School) to be located at 229-241 National City Blvd.
RECOMMENDATION:
Staff Recommends Approval of the New Charter School, Subject to the Recommended Conditions
in the Attached Planning Commission Resolution and a Determination that the Project is Exempt
from the California Environmental Quality Act (CEQA). An Educational Institution is a Conditionally
Allowed Use in Development Zone 2 of the Downtown Specific Plan Area and would be a Resource
for the Local Community.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
On September 16, 2024, the Planning Commission recommended approval of the CUP request
by a unanimous vote of members present (Planning Commission Resolution No. 2024-13).
EXPLANATION:
Integrity Charter School (ICS) is currently located at the northeast corner of the National City
Boulevard and 8th Street intersection. The school accommodates grades 3 through 8 and caters to
approximately 250 students. Grades K through 2 are currently accommodated by the YMCA facility
at the northwest corner of the D Avenue and East 15th Street. There are currently 120 students at
this location. However, the school is looking to expand their academic program beyond what can be
accommodated by the current facilities. As such, ICS is proposing to redevelop the property at the
corner of National City Boulevard and East 3rd Street with a new charter school. The two school
locations noted above will be replaced by the proposed Project.
The new school will contain 19-21 classrooms, a multi-purpose hall, administrative and related areas,
and other academic support services. The maximum expected student population will be 400-440
students. The total staff (full and part time) will be between 60 and 65. The existing building portion
currently addressed as 229 National City Blvd. (former furniture store) will remain and will be
remodeled as a multi-purpose building. The remaining portions of the building (southern part) will be
demolished and replaced with new construction. Food service will be handled and distributed in the
multi-purpose building. No actual cooking will take place on the premises. ICS will operate on a
standard Monday through Friday schedule from 8 a.m. to 3 p.m. from July through the following June
(year-round schedule).
Due to the limited area for development, parking for the use will be entirely off site. In addition to the
limited development area, the topography of the site would result in a major construction expense
for what would need to be structured parking. The applicant is also requesting restricted parking
areas on National City Boulevard, East 3rd Street, and ‘A’ Avenue. Pick-up and drop-off areas
Page 37 of 267
would be located along ‘A’ Avenue and East 3rd Street. Traffic, circulation, and parking are
discussed in the attached Planning Commission staff report.
FINANCIAL STATEMENT:
An application fee of $3,700 was paid with the submittal of the subject CUP. Fees are anticipated
to cover the cost of staff review time and processing of the permit. Approval of the CUP will lead
to redevelopment of the property, which will be subject to building permit and impact fees.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
ENVIRONMENTAL REVIEW:
This is a project under CEQA subject to a Categorical Exemption. In-Fill Development Projects.
CCR 15332.
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 – Planning Commission Staff Report with Attachments
Exhibit B – 9/16/24 Planning Commission PowerPoint slides
Page 38 of 267
Item no. 5
September 16, 2024
COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
PLANNING COMMISSION STAFF REPORT
Title: PUBLIC HEARING – DETERMINATION THAT THE
PROJECT IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 32 OF THE CEQA GUIDELINES SECTION
15332 (IN-FILL DEVELOPMENT PROJECTS) AND
CONDITIONAL USE PERMIT FOR A PROPOSED
EDUCATIONAL INSTITUTION (INTEGRITY CHARTER
SCHOOL) TO BE LOCATED AT 229-241 NATIONAL CITY
BLVD.
Case File No.: 2023-14 CUP
Location: Northeast corner of National City Blvd. and E. 3rd St.
Assessor’s Parcel Nos.: 556-101-02, 556-101-15, 556-101-16
Staff report by: Martin Reeder, AICP – Assistant Director of Community
Development
Applicant: Joseph Martinez for Integrity Charter School
Zoning designation: Development Zone 2 (Downtown Specific Plan)
Adjacent use and zoning:
North: Office building / DZ 2
East: Single-family neighborhood / DZ 2 with RS-2 (Small Lot
Residential) to beyond across ‘A’ Avenue
South: Commercial across East 3rd Street / DZ 2
West: Aunt Emma’s Pancakes across National City Blvd. / DZ 1A
Environmental review: Categorically exempt from environmental review pursuant to
Class 32, Section 15332 (In-Fill Development Projects)
Staff recommendation: Approve
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Planning Commission
Meeting of September 16, 2024
Page 2
Staff Recommendation
Staff recommends approval of the new charter school, subject to the recommended
conditions in the attached resolution and a determination that the project is exempt
from the California Environmental Quality Act (CEQA). An educational institution is
a conditionally allowed use in Development Zone 2 of the Downtown Specific Plan
area and would be a resource for the local community.
Executive Summary
Integrity Charter School (ICS) is proposing to develop a new 31,500 square-foot
charter school campus in the 200 block of National City Blvd. (east side). The
campus will have up to 21 classrooms and 6,400 square feet of outdoor play
areas. The applicant is also requesting restricted parking areas on National City
Boulevard, East 3rd Street, and ‘A’ Avenue with pick-up and drop-off to be located
along ‘A’ Avenue and East 3rd Street.
Site Characteristics
The 37,650 square-foot (0.86-acre) property, located at 229 through 241 National
City Blvd., is comprised of three lots developed with one partitioned commercial
building. The site slopes 14-feet east to west (high to low). The building on site
was most recently occupied by a furniture store, thrift store, and commercial
storage. There is also a pole sign on the property that houses a wireless
communications facility approved through the CUP process in 2002 and modified
in 2016.
Proposed Use
ICS is currently located at the northeast corner of the National City Boulevard and
8th Street intersection. The school accommodates grades 3 through 8 and caters to
approximately 250 students. Grades K through 2 are currently accommodated by
the YMCA facility at the northwest corner of the D Avenue and East 15th Street.
There are currently 120 students at this location. However, the school is looking to
expand their academic program beyond what can be accommodated by the current
facilities. As such, ICS is proposing to redevelop the property at the corner of
National City Boulevard and East 3rd Street with a new charter school. The two
school locations noted above will be replaced by the proposed Project.
The new school will contain 19-21 classrooms, a multi-purpose hall, administrative
and related areas, and other academic support services. The maximum expected
student population will be 400-440 students. The total staff (full and part time) will
be between 60 and 65. The existing building portion currently addressed as 229
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Planning Commission
Meeting of September 16, 2024
Page 3
National City Blvd. (former furniture store) will remain and will be remodeled as a
multi-purpose building. The remaining portions of the building (southern part) will be
demolished and replaced with new construction. Food service will be handled and
distributed in the multi-purpose building. No actual cooking will take place on the
premises.
ICS will operate on a standard Monday through Friday schedule from 8 a.m. to 3
p.m. In addition to regular school activities, the school hosts the following events:
A Family Friday event eight times a year, lasting about two hours total. It is
on a Friday and occurs in the morning during school. About 60 families are
expected to attend this event.
Two back to school nights held during the year in the evening lasting about
an hour. An average of about 10 families per classroom or 210 families are
expected to attend.
Due to the limited area for development, parking for the use will be entirely off site.
In addition to the limited development area, the topography of the site would result
in a major construction expense for what would need to be structured parking. The
applicant is also requesting restricted parking areas on National City Boulevard,
East 3rd Street, and ‘A’ Avenue. Pick-up and drop-off areas would be located
along ‘A’ Avenue and East 3rd Street. Traffic, circulation, and parking are
discussed later in this report.
Finally, as part of development of the school campus, the existing pole sign will
be removed. It is the intention of the school and T-Mobile (the operator of the
wireless facility within the sign) to relocate the wireless facility. The antennas will
be located behind a parapet wall on the south side of the property (see
discussion under “architecture” section below). The associated equipment will be
located within a well area on the roof of the multi-purpose hall (229 National City
Blvd.). A separate CUP will be required for relocation of the wireless facility. In
addition, there will be a temporary facility located nearby the project site to
maintain wireless services during construction. The temporary site will require a
separate Temporary Use Permit and associated right-of-way permit for operation.
This has been included as a condition of approval.
Analysis
ICS has been in National City for many years, originally located in a church
basement at 125 Palm Avenue. The school expanded to a separate building on the
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Planning Commission
Meeting of September 16, 2024
Page 4
church property, before moving to the current downtown location in 2009. ICS is a
free public charter school. The school receives funds from the State of California
as a charter school. Students pay no fees to attend, and the school is open to all
elementary age students residing in San Diego County. The school operates on
a year-round calendar, starting in July and ending the following June.
Educational facilities are conditionally allowed in every development zone within the
Downtown Specific Plan. Issues typically analyzed for such facilities include traffic,
access, and noise (among others). Other examples of educational facilities in
Downtown are the South County Regional Education Center (Southwestern
College Higher Education Center, et al) and the current Integrity Charter School
Campus. The two facilities are located on opposite corners of the National City
Blvd. and 8th Street intersection.
Site Design/Architecture
As previously mentioned, the site slopes 14-feet from ‘A’ Avenue (approximately 43
feet above sea level) down to National City Blvd. (approximately 28 feet above sea
level). New construction will be comprised of two buildings: an “L” shaped building
along ‘A’ Avenue and approximately two-thirds of East 3rd Street, and another along
the southern half of the National City Blvd. frontage. There will be a gap of
approximately 22 feet north to the multi-purpose building (229 National City Blvd.).
The height of the buildings are two stories, with an area of three stories mid-way
along the East 3rd Street frontage. The two buildings will be connected via an
elevated breezeway (bridge).
The proposed buildings will surround a central courtyard, which is divided into two
play areas. The upper (east) area will be 2,500 square feet and the lower (west)
area will be 3,900 square feet. The defining feature of the courtyard is the centrally
located amphitheater which also acts as a retaining wall; the upper play area is
approximately 10 feet higher than the lower. The upper play area and play yard
would be against the north property line adjacent to three residential parcels. A
four-foot block wall (with two feet of wrought-iron above) is proposed in this area,
along with trees and vegetation to provide a buffer. The Land Use Code typically
requires a minimum six-foot opaque wall commercial uses adjacent to residential
uses. Therefore, due to potential noise concerns from the play area in this location,
staff is recommending a six-foot block wall rather than the four feet (condition of
approval). The lower play area is screened by the amphitheater and multi-purpose
building. The campus incorporates three separate parcels, which will need to be
merged prior to construction (condition of approval).
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Meeting of September 16, 2024
Page 5
The design aesthetic offers a vibrant palette of colors and shapes of features. Each
section of building has a different color with varying shapes of window openings.
The design is intended to reflect the varying character and demographics of the
National City community. The multi-purpose hall is shown on the project rendering
(see Attachment 4) as an orange color, while the building along National City Blvd.
is royal blue with striking triangular and porthole windows. The building on East 3rd
Street is equal parts cyan, black and white checked, and yellow. This building also
has a higher tower-like portion (black and white checked), which is where the future
relocated wireless facility antennas will be located (behind a parapet wall).
Downtown Specific Plan
The Downtown Specific Plan has broad guidelines for design of new buildings.
However, guidelines are generally related to an overall urban form goal as follows:
Downtown will become an organized and vibrant community with buildings and
structures that support a mixed use area and are oriented to downtown
businesses, offices, institutions and public spaces. Buildings themselves should
have a human scale at street level and include well-designed elevations that
have high quality materials at lower levels that face public streets. Upper levels
should provide compatible materials that relate to the street level design palette,
and should include a form that is creative while still being related to local context,
character, materials and scales of the surrounding neighborhoods. Consideration
of transitions to lower density use and residential land uses is also essential in
areas near lower density neighborhoods.
The Downtown Specific Plan has four Design Districts; “Main Street” Retail
District, Visitor/Education Village District, General Commercial District, and
Neighborhood Transition District. The project area is within the Neighborhood
Transition District. The defining character of this district is defined as follows:
The proposed urban scale of the Neighborhood Transition District is designed to
be complimentary to the area and steps down from the busier, denser
commercial districts to the adjacent residential uses. This district will support
some uses that provide goods and services to the surrounding neighborhoods.
Pedestrian improvements and small urban plazas can be used to activate this
district, while promoting a comfortable connection between Downtown and the
neighboring residential areas.
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Meeting of September 16, 2024
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Setbacks and building height limits in Development Zone 2 of the Downtown
Specific Plan are the same as the MXC-2. Setbacks in the MXC-2 zone are
typically zero feet or the same as the adjacent residential zone. In this case,
there is an RS-2 (Small Lot Residential) zone adjacent to the north, which has a
side setback of five feet. The proposed side yard setback of the nearest ICS
structure is five feet-six inches. The height limit in the MXC-2 zone is 75 feet or
the same as the adjacent zone within 50 feet. With the RS-2 zone adjacent to the
north, the limit would then be 35 feet, which the proposal is in conformance with.
Overall, the campus design is fresh and vibrant, and very unique in relation to
other Downtown development. The design is consistent with the overall goals of
the Downtown Specific Plan and will also serve a gateway project, given its
location near the northern entrance to the City.
Circulation/Parking
A Traffic Impact Analysis was conducted, with guidance from the City’s Traffic
Engineer, which analyzed VMT (Vehicle Miles Traveled), parking, pick-up and drop-
off, and pedestrian improvements. As well as analyzing regular school activities, the
impact traffic analysis also included the occasional events described above (Family
Friday, Back to School Night). The analysis concluded that these events occur less
than once a month and are therefore infrequent.
According to CEQA guidelines for assessing potential transportation impacts, if a
project is a local serving public facility that is located within a half mile of an existing
major transit stop, the project would be presumed to have a less-than-significant
impact on VMT.
MTS Route 929 has two bus stops (one northbound and one southbound) on
National City Boulevard between East 2nd Street and East 3rd Street. Both have 15-
minute service intervals during peak commute periods. Because the proposed
charter school qualifies as a local serving public facility, it would therefore be
presumed to have a less-than-significant impact on VMT. Furthermore, the 8th
Street trolley station is located within a 15-minute walk of the project site.
Traffic
Per the City’s criteria for performing a local transportation analysis and the analysis
methodology presented in the Traffic Impact Analysis, project related traffic is
calculated to contribute to a substantial effect within the study area in the Opening
Day with Project scenario at the Osborn Street and Division Street intersection. Vis-
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Meeting of September 16, 2024
Page 7
à-vis, this intersection is currently an all-way stop that would operate at a failing
level of service with the project in operation. However, replacing the all-way stop
with a traffic signal at this intersection would improve efficiency of traffic flow and
return the intersection operations to an acceptable level of service.
The City of San Diego has identified this project as being fully funded in their
Capital Improvement Program, with a completion date of 2026. Therefore,
installation of the traffic light or a fair share contribution by the Project is not
required.
Student Pick-Up and Drop-Off
The Project proposes two pick-up and drop-off areas along the frontage of the
school, one on the west curb of ‘A’ Avenue and the other on the north curb of East
3rd Street as shown in Attachment 3.
The pick-up and drop-off lane on ‘A’ Avenue is nine feet wide and is approximately
100 feet long and can accommodate four vehicles at a time.
The pick-up and drop-off lane on East 3rd Street is 12 feet wide and is
approximately 200 feet long. This location can accommodate approximately eight
vehicles at a time.
The two locations described above can accommodate a total of 12 vehicles at a
time. Student drop-off will be between 7 a.m. and 9 a.m. Student pick-up will be
between 2 p.m. and 4 p.m.
This pick-up and drop-off area can also be used for on-street parking outside of
school pick-up and drop-off hours. In order to communicate the availability of
parking in this area, appropriate signage will need be posted based on the hours
noted above (condition of approval).
In addition to the designated pick-up and drop-off areas, ICS is requesting
restricted parking zones along National City Blvd. (2-hour parking) and East 3rd
Street (1-hour parking) adjacent to the school. This restricted parking was not
included in the Traffic Impact Analysis and is not necessary to avoid any traffic-
related impacts. Therefore, any request for timed parking would need to be
reviewed by the City’s Traffic Safety Committee.
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Parking
The Project will not provide parking for the school onsite as permitted by Assembly
Bill 2097, which prohibits public agencies from imposing minimum off-street parking
requirements for development projects located within a half mile of a major transit
stop. The Downtown Specific Plan requires 2.5 parking spaces per 1,000 square
feet of floor area, which would other necessitate 79 parking spaces. While this may
be appropriate for a commercial or office use, it would not make sense for a school
use where most people on site are not of driving age.
While there will be between 60 and 65 full and part-time employees, there will be 27
parking spaces available in the previous ICS campus at 8th and National City Blvd.
Although the school will be transferring to the new location, they will still own the
property.
Parking supply
The Project will provide for three specific parking spaces on the east curb of
National City Boulevard along the School Frontage for the following:
A trash pick-up space
An ADA-accessible space
A commercial parking space for delivery vehicles
These spaces are required as conditions of approval.
A parking supply demand study was conducted for the four-block area of National
City Blvd. to ‘D’ Avenue between East 2nd and East 3rd Streets. The study
determined that 250 street parking spaces were available, including five accessible
spaces. 60 of the spaces are within 800 feet of the school.
The traffic impact analysis (of which the parking supply demand study was part of)
also included opportunities for increased parking supply, particularly in relation to
losses due to pick-up and drop-off areas (9 parking spaces). However, with
conversion of strategic areas from parallel to angled parking, a net gain can be
realized. The areas of conversion are noted as the following:
East 3rd Street between ‘A’ Avenue and ‘B’ Avenue (north side) – 8 spaces
‘B’ Avenue between East 2nd Street and East 3rd Street (east side) – 11
spaces
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East 3rd Street between ‘B’ Avenue and ‘D’ Avenue (north side) – 8 to 10
spaces
‘B’ Avenue between East 3rd Street and East 4th Street (east side) – 8 to 10
spaces
Based on the above, there will be a net gain of 30 parking spaces within 800 feet of
the school. With parking permitted within the pick-up and drop-off areas on ‘A’
Avenue (4 spaces) and East 3rd Street (8 spaces) when there are no pick-up or
drop-off activities, another 12 spaces can be gained.
All suggested on-street parking space conversions are included as conditions of
approval.
Pedestrian improvements
The Traffic Impact Analysis conclusions were also based on recommended
pedestrian improvements, which will be provided by the Project. These include
sidewalk bulb-outs on East 3rd Street at National City Boulevard1 and at ‘A’ Avenue.
Stops signs will be installed on East 2nd Street and East 3rd Street at ‘A’ Avenue.
Also, High Visibility Crosswalks (HVC) will be provided at the following
intersections:
National City Boulevard and East 2nd Street
‘A’ Avenue and East 2nd Street
National City Boulevard and East 3rd Street
‘A’ Avenue and East 3rd Street
The following benefits will occur due to these improvements:
The bulb-outs on East 3rd Street at National City Boulevard will reduce the
pedestrian crossing distance from 48 feet to 16 feet, making it easier to
cross.
The bulb-outs will also serve as a traffic calming measure and improve line-
of-sight between pedestrians waiting to enter the crosswalk and drivers.
The proposed HVC will improve driver awareness of designated school
crosswalks.
1 E. 3rd St. in this location will be converted to one-way west bound from ‘A’ Ave. to National City Blvd.
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Meeting of September 16, 2024
Page 10
With one-way traffic, pedestrians only must watch for traffic in one direction.
This will provide an improved crossing for pedestrians in the vicinity of the
school.
Upgrading the intersections of ‘A’ Avenue and East 2nd Street and ‘A’
Avenue and East 3rd Street to include All-Way Stop Control will require traffic
to stop and look for students crossing the street on their way to and from
school.
All pedestrian improvements noted above are included as conditions of approval.
Based on the attached Traffic Impact Analysis, the Project will not impact existing
or anticipated traffic patterns with recommended operation improvement
measures (street conversion, parking conversion, pedestrian improvements, etc.)
General Plan
The proposed charter school is consistent with the City’s General Plan, as Land
Use Policy LU-2.10 encourages the development and expansion of institutions,
such as schools and health care facilities, as needed to meet future city needs.
While the school is in existence and moving to a different location, the new
campus will allow for approximately 70 additional students, thus contributing to
local educational needs.
CEQA
The project as proposed qualifies for a Categorical Exemption under Class 32,
Section 15332 of CEQA (In-Fill Development Projects). Class 32 consists of
projects characterized as in-fill development meeting the conditions described as
follows:
(a) The project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation and
regulations.
(b) The proposed development occurs within city limits on a project site of no more
than five acres substantially surrounded by urban uses.
(c) The project site has no value, as habitat for endangered, rare or threatened
species.
(d) Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.
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The Project, as designed complies with all these sections, as discussed in this staff
report. In addition, the site is currently disturbed and previously developed.
Comments
As part of the application routing process, comments were received form the
Engineering, Fire, and Police Departments. Engineering and Fire comments
were related to Code and construction requirements. However, while supportive
of the project, the Police Department had concerns related to parking, traffic, and
lighting/security. Parking and traffic concerns have been addressed through the
Traffic Impact Analysis as noted above. With regard to security, it was noted that
the area was in close proximity to an area of high crime and prostitution.
Redevelopment of the site will bring more activity and “eyes on the street”, which
has the tendency to push illicit activity elsewhere. In addition, since the
comments from the Police Department were received (November 2023), the City
has made changes in the area of Roosevelt Avenue, which have reduced
prostitution, among other issues. With regard to lighting and security, conditions
of approval have been added requiring a lighting plan and a security plan
(cameras, locked campus outside of school hours, etc.) to offset any issues with
on-site or adjacent area security (concerns pointed out by the Police
Department).
The Planning Division has not received any public comment as of the writing this
report.
Conditions of Approval
The attached Resolution includes all standard Conditions of Approval, as well as
those related to the wireless facility relocation/temporary operation; temporary
events outside of the scope of this CUP; all recommendations of the Traffic
Impact Analysis (street conversion, parking conversion, pedestrian
improvements, etc.); and noise reduction.
Summary
Approval of this CUP will allow for redevelopment of an underutilized and vacant
property, including removal of a pole sign that is currently an eyesore for the
community. A charter school is a conditionally allowed use in the Downtown
Specific Plan and would be a resource for the local community. With the
recommended operation improvement measures, the proposed school will
operate effectively and with minimal impact on the surrounding area.
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Meeting of September 16, 2024
Page 12
Options
1. Find the project exempt from CEQA under Class 32 of the CEQA Guidelines
Section 15332 or other exemption and approve 2023-14 CUP, subject to the
conditions included in the Resolution, or other conditions, and based on the
findings included in the Resolution, or other findings to be determined by the
Planning Commission; or,
2. Find the project not exempt from CEQA and/or deny 2023-14 CUP based on
findings to be determined by the Planning Commission; or,
3. Continue the item to a specific date to obtain additional information.
Attachments
1. Draft Resolution
2. Overhead
3. Pick-up and drop-off plan
4. Applicant's Plans (Exhibit A, Case File No. 2023-14 CUP, dated 10/3/24)
5. Transportation Impact Analysis – Integrity Charter School – August 30, 2024
6. Public Hearing Notice (Sent to 202 property owners & occupants)
7. Notice of Exemption
Page 50 of 267
RESOLUTION NO. 2024-13
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, DETERMINING THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) UNDER CLASS 32 OF THE CEQA GUIDELINES SECTION 15332 (IN-
FILL DEVELOPMENT) AND APPROVING A
CONDITIONAL USE PERMIT FOR A PROPOSED EDUCATIONAL
INSTITUTION (INTEGRITY CHARTER SCHOOL) TO BE
LOCATED AT 229-241 NATIONAL CITY BLVD.
CASE FILE NO. 2023-14 CUP
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for a proposed educational institution (Integrity Charter School)
to be located at 229-241 National City Blvd. at a duly advertised public hearing held on
September 16, 2024, at which time oral and documentary evidence was presented;
and,
WHEREAS, at said public hearing, the Planning Commission considered the
staff report contained in Case File No. 2023-14 CUP 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.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of National City, California, that the testimony and evidence presented to the Planning
Commission at the public hearing held on September 16, 2024, support the following
findings:
1. The proposed use is allowable within the applicable zoning district pursuant to
a conditional use permit and complies with all other applicable provisions of the
Land Use Code, because an educational facility is a conditionally allowed use
in the Downtown Specific Plan and because the proposal meets all design
requirements of the Land Use Code and Downtown Specific Plan.
2. The proposed use is consistent with the General Plan and any applicable
specific plan, because the General Plan encourages the development and
expansion of institutions, such as schools and health care facilities, and because
ATTACHMENT 1
Page 51 of 267
an educational facility is a conditionally allowed use in the Downtown Specific
Plan.
3. The design, location, size, and operating characteristics of the proposed
activity would be compatible with the existing and future land uses in the
vicinity because the project is a community serving use that includes design
components to offset potential issues related to traffic and noise and will be
subject to conditions of approval that ensure harmonious operation of the school.
4. The site is physically suitable for the type, density, and intensity of use being
proposed, including access, utilities, and the absence of physical constraints
because the site can accommodate the proposed 31,500 square-foot school
campus without the need for deviations or variances from required development
regulations.
5. Granting the permit would not constitute a nuisance or be injurious or
detrimental to the public interest, health, safety, convenience, or welfare, or
materially injurious to persons, property, or improvements in the vicinity and
zone in which the property is located because the project is a community serving
use that includes design components to offset potential issues related to noise.
6. The proposed project has been reviewed in compliance with the California
Environmental Quality Act and qualifies for a Categorical Exemption under Class
32, Section 15332 of CEQA {In-Fill Development Projects), as discussed in the
staff report.
BE IT FURTHER RESOLVED that the application for a Conditional Use
Permit is approved subject to the following conditions:
General
1. This Conditional Use Permit authorizes a 31,500 square-foot educational facility to be
located at 229-241 National City Blvd. Plans submitted for permits associated with
this project shall conform to Exhibit A, Case File No. 2023-14 CUP, dated 10/3/24.
2. Before this Conditional Use Permit shall become effective, the applicant and the
property owner shall both 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 Aoceptance Form
within 30 days of its receipt shall automatically terminate the Conditional Use Permit.
The applicant or owner shall also submit evidence to the satisfaction of the Planning
Division that a Notice of Restriction on Real Property is recorded with the County
Recorder. The applicant or owner shall pay necessary recording fees to the County.
Page 52 of 267
The Notice of Restriction shall provide information that conditions imposed by
approval of the Conditional Use Permit are binding on all present or future interest
holders or estate holders of the property. The Notice of Restriction shall be approved
as to form by the City Attorney and signed by the City Manager prior to recordation.
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 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. This Conditional Use Permit may be revoked if the operator is found to be in violation
of any Conditions of Approval or applicable law.
Building
6. Plans submitted for demolition and construction improvements shall comply with the
2022 edition of the California Building, Mechanical, Electrical, Plumbing,
Accessibility, Green, Energy and Fire Codes.
Engineering
7. 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.
8. The Storm Water BMP Requirements Applicability Form 1-1 and, if required, 1-2
checklist for the National Pollutant Discharge Elimination System (NPDES) is
required to be completed and submitted to the Engineering Department. If it is
determined that the project is subject to the "Priority Project Permanent Storm Water
BMP Requirements" and the City of National City Storm Water Best Management
Practices of the Jurisdictional Urban Runoff Management Program (JURMP)
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.
9. 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.
Page 53 of 267
10.AII 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.
11.AII existing and proposed curb inlet on property shall be provided with a "No
Dumping" signage in accordance with the NPDES program.
12.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 be given to the City of National City Engineering
Department prior to any work beginning on the project.
13. A Notice of Intent (NOi) shall be filed with the Regional Water Quality Control Board
(RWQCB).
14.A hydromodification plan or a letter sealed and signed by the Engineer of Work
explaining why the project is exempt from hydromodification requirements shall be
submitted.
15. The property owner(s) shall process a lot merger to merge the lots into a single lot,
due to the fact that the proposed buildings shall cross over the lot lines
16.A grading and drainage plan shall be submitted showing all of the proposed and
existing on-site and off-site improvements. The plan shall be prepared in
accordance with the City's standard requirements by a Registered Civil Engineer. All
necessary measures for prevention of storm water pollution and hazardous material
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 check list for preparation of the grading plan/drainage
plan is available at the Engineering Department.
17.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.
Page 54 of 267
18.Separate street and sewer plans prepared by Registered Civil Engineer, shall be
submitted showing all of the existing and proposed improvements. The plans shall
be in accordance with City requirements.
19.A soils engineering report shall be submitted for the Engineering Department's
review, after Planning Commission approval. The report shall address the stability of
all of the existing and proposed slopes on the property. It shall also address the
adequacy of the building pads, the criteria for any new retaining wall design, the
maximum allowable soil bearing pressure and the required pavement structural
sections for the proposed streets, the parking areas, and the driveways. As a
minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II
aggregate base. The street pavement sections shall be in accordance with National
City modified Standard Drawing G-34. All soils report findings and recommendations
shall be part of the Engineering Department requirements.
20. A 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.
21.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. A bond in the amount equal to one hundred percent ( 100%) of
the engineer's cost estimate shall be submitted prior to any permit being issued.
22.A sewer capacity fee will be charged for the connections to the city main(s). The
calculation will be prepared when the building plans have been submitted. Please
provide a description of the existing buildings and their use. The number of existing
restrooms, kitchen/kitchenettes, and showers if any.
23. The property owner, or its successors and assigns shall be responsible for the
maintenance, repair, or reconstruction of all irrigation and landscaping
improvements installed within the public right-of-way. Sprinkler heads shall be
adjusted so as to prevent overspray upon the public sidewalk or the street. The
proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation
mainline upon private property only, as required by the City. The property owner or,
its successors or assigns, shall be remove and relocate all irrigation items from the
public right-of-way at no cost to the City, and within a reasonable time frame upon a
written notification by the City Engineer.
24. Metallic identification tape shall be placed between the bottom layer of the finished
surface and the top of all irrigation lines in the public right-of-way.
Page 55 of 267
25. The deteriorated portions of the existing street improvements along the property
frontages shall be removed and replaced. Specifically All sidewalk, curb and gutters
along the property frontage together with the removal of all driveways which will be
abandoned due to the construction of the site.
26.Street pavement repair will be required. The work shall be as follows: A two inch (2")
grind and cap on E. 3RD Street from National City Boulevard to A Avenue and on A
Avenue from E. 3RD Street to the northerly property line as extended through the
street.
27. The existing street improvements along the property frontage(s) shall be kept free
from weed growth by the use of special weed killers, or other approved methods. All
existing survey monuments, including any benchmark, within the boundaries of the
project shall be shown on the plans. If disturbed, a licensed land surveyor or civil
engineer shall restore them after completion of the work. A Corner Record shall be
filed with the County of San Diego Recorder. A copy of the documents filed shall be
given to the City of National City Engineering Department as soon as filed.
28. A permit shall be obtained from the Engineering Department for all improvement
work within the public right-of-way, and any grading construction on private property.
29. Street improvements shall be in accordance with the City Standards. All missing
street improvements shall be constructed. Abandoned driveway aprons shall be
replaced with curb, gutter, and sidewalks.
30.AII electrical, telephone and similar distribution service wires for the new structure(s)
shall be placed underground.
31. 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.
32. Separate water and sewer laterals shall be provided to each lot/parcel.
33. 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.
34. SUSMP documentation must be submitted and approved.
35. The demolition plan shall show all existing utility lines and identify them as existing
to be abandoned, existing to be removed, or existing to be protected. If the line(s)
are to be cut and capped show the location of where they are to be cut.
36. The demolition plan shall include a complete BMP plans showing all BMPs and their
locations and type of BMP.
Page 56 of 267
37.After all street improvements have been installed the developer shall have all street
striping, curb marking/painting, street signs, street legends, stop bars replaced.
38. Any disturbed monuments including benchmarks and property corners shall be
reset.
39. For new sewer, gas and water service laterals the top of the curb shall be marked
with the appropriate symbol over the location where the lateral crosses under the
curb.
Traffic Impact Analysis
40. Provide a trash pick-up space, an ADA space and a commercial parking space for
delivery vehicles along the Project frontage on National City Boulevard (Figure 2-4).
41. Provide a dedicated pick-up and drop-off area along the Project frontage on 'A'
Avenue to accommodate 4 vehicles.
42. Provide a dedicated pick-up and drop-off area along the Project frontage on East 3m
Street to accommodate 8 vehicles.
43. Restripe existing parallel parking on the south side of East 3rd Street between 'A'
Avenue and National City Boulevard to 60-degree angled parking to provide 18
parking spaces.
44. Restripe existing parallel parking on the east side of 'B' Avenue between East 2nd
Street and East 3rd Street to 60-degree angled parking with a net gain of 11 spaces.
45. Restripe existing parallel parking on the north side of East 3rd Street between 'A'
Avenue and 'B' Avenue to 60-degree angled parking with a net gain of 8 spaces.
46. Restripe existing parallel parking on the north side of East 3rd Street between 'B'
Avenue and 'D' Avenue to 60-degree angled parking with a net gain of 8 to 10
spaces.
47. Restripe existing parallel parking on the east side of 'B' Avenue between East 3m
Street and East 4th Street within 800 feet of the school (if parking on the east curb of
this segment is converted from the existing parallel to 60-degree angled parking with
a net gain of 8 to 10 spaces.
48. Convert East 3rd Street from two-way travel to one-way westbound only travel
between 'A' Avenue and National City Boulevard (Figure 11-1).
49.As shown on Figure 11-1, Bulb-outs will be provided on East 3rd Street at National
City Boulevard, thus reducing the crossing distance from 48 feet to 16 feet, and at
the northwest corner of 'A' Avenue and East 3rd Street.
50.As shown on Figure 11-1, High Visibility Crosswalks (HVC) will be provided by the
Project at the National City Boulevard / East 2nd Street, 'A' Avenue/ East 2nd Street,
National City Boulevard / East 3rd Street and 'A' Avenue / East 3rd Street
Page 57 of 267
intersections. This will provide an improved crossing for pedestrians in the vicinity of
the school.
51.As shown on Figure 11-1, the intersections of 'A' Avenue/East 2nd Street and 'A'
Avenue/ East 3rd Street will be upgraded from minor street Stop Control to All-Way
Stop Control for pedestrian safety.
Fire
52. Plans submitted for improvements must comply with the 2022 edition of the California
Fire Code (CFC), and the current editions of the National Fire Protection Association
(NFPA), California Code of Regulations (CCR), and City of National City Municipal
Codes.
53. Fire Sprinkler, Fire Alarm, Fire Protection Systems, and Fire Underground plans are
to be directly submitted to the National City Fire Department under separate permit
for review and permitting. Fees, along with three sets of plans including all "Cut
Sheets and Calculations", shall be included upon submittal. Plan review shall be a
30-day plan review process or 21 working days. No over the counter plan reviews
accomplished/no exceptions. It shall be unlawful to occupy any portion of the
building or structure until the required fire detection, alarm and suppression system
have been tested and approved.
54. Fire apparatus access roads shall comply with the requirements of this section
(Section 5 CFC 2023) and shall extend to within 150 feet of all portions of the facility
and all portions of the exterior walls of the first story of the building as measured by
an approved route around the exterior of the building. Dead-end fire apparatus
access roads in excess of 150 feet in length shall be provided with an approved
area for turning around fire apparatus. This comment shall apply to new residential
structures.
55. 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 14 feet high and shall have an all weathered
road with the ability to support 75 thousand pounds or greater. Where a fire hydrant
is located on a fire apparatus road, the minimum road width shall be 26 feet. A 28
foot turning radius is required for fire department access through site. All fire
department access roads shall be painted and signed to prevent parking in these
required designated emergency areas.
56. The grade of any fire apparatus road shall be within the limits established (15%
Grade} by the fire code official based on Fire Department's apparatus.
57. Buildings or portions of buildings or facilities exceeding 30 feet in height measured
vertically from the centerline of the street adjacent to the project above the lowest
level of fire department vehicle access shall be provided with approved fire
Page 58 of 267
apparatus access roads capable of accommodating fire department aerial
apparatus.
58. Overhead utility and power lines shall not be located over the aerial fire apparatus
access road or between the aerial fire apparatus road and the building. Other
obstructions shall be permitted to be placed with approval of the fire code official
59. One or more of the required access routes meeting this condition shall be located
not less than 15 feet and not greater than 30 feet from the building, and shall be
positioned parallel to one entire side of the building. The side of the building on
which the aerial fire apparatus access road is positioned shall be approved by the
fire code official.
60. Aerial fire apparatus roads shall have a minimum unobstructed width of 26 feet,
exclusive of shoulders, in the immediate vicinity of the building or portion thereof
61. 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)
62. The following items pertain to fire hydrants:
a) Size and location, including size and number of outlets and whether outlets are
to be equipped with independent gate valves.
b) Fire hydrants shall be of a three outlet design.
63. Provide calculation confirming flow availability to meet fire flow demands and supply
large diameter hose (four inches).
64. Fire hydrants to be marked by use of blue reflective marker in the roadway.
65. Upon submittal for an underground permit, the following shall be included:
a) Data sheet for Back-Flows.
b) Data sheets for Private and Commercial Hydrants
c) Data sheets for Post Indicator Valves
Planning
66.Any events held at the campus, excepting normal school operations or Family Friday
and Back to School Nights (as discussed in the staff report), shall be required to first
obtain a Temporary Use Permit from the City Neighborhood Services Division.
67.Signage shall be installed at pick-up/drop-off locations along 'A' Avenue and East 3rd
Street stating that no parking shall be permitted between the hours of 7 a.m. and 9
a.m. and between the hours of 2 p.m. and 4 p.m.
Page 59 of 267
68.Any time-restricted parking and/or painted curb requests shall receive approval from
the City of National City Traffic Safety Committee.
69.Any new wireless communications facilities shall require approval of a separate
Conditional Use Permit.
70. In the case of decommission and/or demolition of the existing wireless
communications facility at the site, no temporary wireless communications facility
shall be permitted or installed without approval of (at minimum) a Temporary Use
Permit process and any required right-of-way permits.
71.A six-foot opaque wall shall be installed on the north property line between the
upper play area and the residential properties to the north.
Police
72.A lighting plan shall be submitted with permits for construction that includes coverage
of all external areas accessible to passersby. The plan shall be consistent with NCMC
18.46 (Outdoor Lighting) and Crime Prevention Through Environmental Design
(CPTED) recommendations. The plan shall be approved by the Police Department.
73.A security plan shall be submitted to the Planning Division that outlines all security
measures to be implemented during operation of the school. The plan shall include
details related to restricted access (e.g. gates, doors, etc.) during operational and non-
operational hours, security cameras, security staffing and/or patrols, and any other
security-related measures. The plan shall be approved by the Police Department.
Indemnification Agreement
The Applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents, officers, or
employees, relating to the issuance of this permit including, but not limited to, any action
to attack, set aside, void, challenge, or annul this development approval and any
environmental document or decision. The City will promptly notify the Applicant of any
claim, action, or proceeding. The City may elect to conduct its own defense, participate in
its own defense, or obtain independent legal counsel in defense of any claim related to
this indemnification. In the event of such election, the Applicant shall pay all of the costs
related thereto, including without limitation reasonable attorney's fees and costs. In the
event of a disagreement between the City and Applicant regarding litigation issues, the
City shall have the authority to control the litigation and make litigation related decisions,
including, but not limited to, settlement or other disposition of the matter. However, the
Applicant shall not be required to pay or perform any settlement unless such settlement is
approved by the Applicant.
Page 60 of 267
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted
forthwith to the applicant and to the City Council.
BE IT Fl NALLY RESOLVED that this Resolution shall become effective and final
on the day following the City Council meeting where the Planning Commission
resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to
5:00 p.m. on the day of that City Council meeting. The City Council may, at that
meeting, appeal the decision of the Planning Commission and set the matter for public
hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their
meeting of September 16, 2024, by the following vote:
AYES: CASTLE-MILLER. SANCHEZ-FORMAN
NAYS:
ABSENT: QUINONEZ-VALENZUELA
ABSTAIN:
RECUSE: ARMENTA
Page 61 of 267
ATTACHMENT 2
2023-14 CUP – 229-241 National City Blvd – Overhead
Page 62 of 267
Page 63 of 267
COVER SHEET
PROGRAM PHASE / CUP
MARTINEZ + CUTRI
Architecture
Interiors
Planning
Urban Design
1230 COLUMBIA ST
San Diego, CA
Tel
Fax
Suite 500
92101
(619) 233-4857
(619) 233-7417
INTEGRITY CHARTER SCHOOL
NATIONAL CITY BLVD & E 3RD ST, NATIONAL CITY, CA 91950
SEPTEMBER 14, 2023
PAGE 1 SITE PLAN
PAGE 2 1ST LEVEL FLOOR PLAN
PAGE 3 2ND LEVEL FLOOR PLAN
PAGE 4 3RD LEVEL FLOOR PLAN
PAGE 5 ROOF PLAN
PAGE 6 WEST AND SOUTH ELEVATIONS
PAGE 7 EAST AND NORTH ELEVATIONS
PAGE 8 WEST AND SOUTH COURTYARD ELEVATIONS
PAGE 9 EAST COURTYARD ELEVATIONS
PAGE 10 SECTIONS 1 AND 2
PAGE 11 SECTIONS 3 AND 4
PAGE 12 SECTIONS A AND B
PAGE 13 SECTIONS C AND D
PAGE 14 SECTION E
PAGE 15 CONCEPTUAL LANDSCAPE PLAN
PAGE 16 CONCEPTUAL GRADING PLAN (SHEET 1)
PAGE 17 CONCEPTUAL GRADING PLAN (SHEET 2)
PAGE 18 SITE PHOTOS
SHEET INDEX
PROJECT ADDRESS:
CLIENT:
PROJECT MANAGER:
PROJECT ARCHITECT:
229 & 241 NATIONAL CITY BLVD,
NATIONAL CITY, CA, 91950
INTEGRITY CHARTER SCHOOL
AARON ANDERSON, NATIONAL CITY
DEVELOPMENT, LLC
JOSEPH MARTINEZ, PRINCIPAL
ARCHITECT
DESIGN NARRATIVE:
Integrity Charter School -- The design parti advances ancient
principles of the Americas: Vibrant Colors juxtaposed to
Monumental structures, the Oral Storytelling tradition as seen by
the school's mascot (jaguar), the Axiality of Procession at the
entries, the Harvesting of Water as presented in the bio-retention
basins, and the celebration of Place in honor of the Campus Yard.
ATTACHMENT 4
Page 64 of 267
ROOF
ROOF
ROOF
ROOF
ROOF
ELEV.
PV
STAIR
1
M.E.
17
5
'
-
2
12"
50
'
-
1
"
125'-512"
12
5
'
-
1
12"
250'-1012"
125'-512"
PL
PLPL
PL
PL
PLPL
PL
PL
PL
5'-6"
8'-412"
1'
-
2
12"
PA
STAIR
2
STAIR
3
PA
28.25 FF
31.00 FF
43.00 FF
43.00
42.5030.50
UPPER PLAY
GA
R
D
E
N
FLOWER
SE
A
T
I
N
G
SE
A
T
I
N
G
SE
A
T
I
N
G
SEATING
SEATING
SEATING
LOWER PLAY
AMPHITHEATER
PA
PLAZA RAMP
28.00
41.00
42.00
42.00
28.00
RAMP
PA
PA
RAMP
MAIN ENTRY
43.00
PV
SITE PLAN
SCALE: 1/16" = 1'-0"
PROGRAM PHASE / CUP
0 16
N
MARTINEZ + CUTRI
Architecture
Interiors
Planning
Urban Design
1230 COLUMBIA ST
San Diego, CA
Tel
Fax
Suite 500
92101
(619) 233-4857
(619) 233-7417
INTEGRITY CHARTER SCHOOL
NATIONAL CITY BLVD & E 3RD ST, NATIONAL CITY, CA 91950
SEPTEMBER 14, 2023
SITE AREA:
ZONE:
TOTAL BUILDING AREA:
TOTAL CLASSROOMS:
NUMBER OF LEVELS:
OPEN SPACE (PLAY):
ENROLLMENT:
PARKING:
37,650 SF (0.86 ACRE)
DOWNTOWN SPECIFIC PLAN
ZONE 2, MXC - 2
31,500 SF
19 +2 SPECIALTY ROOMS
2 STORIES
10,300 SF
400 STUDENTS
OFF SITE
Page 65 of 267
1ST FLOOR - LOWER LEVEL
G7
6
3
DROP OFF /
PICK UP
5'
-
6
"
57
UPPER PLAY
GA
R
D
E
N
8
PA
36
'
-
0
"
9'-0"
A.B.
A.B.
DATUM: 0.00±
14.00±
4,000 S.F.
PA
FLOWER
SE
A
T
I
N
G
ABOVE
RAMP
RAMP
SI
D
E
W
A
L
K
G7
SE
A
T
I
N
G
SE
A
T
I
N
G
SEATING
SEATING
SEATING
1
2
LOWER PLAY
MULTI-PURPOSE
STO
BA
PLAZA
AMPHITHEATER
E 3RD ST
NA
T
I
O
N
A
L
C
I
T
Y
B
L
V
D
A
A
V
E
PA
4
RECEPTION
NURSEPARENT'S
ROOM
ADMIN.
ASSISTANTSTO
KITCHEN
STAGE
I.T.J
COVERED
LUNCH
AREARSPSEL
SPEECH PSYCH
STO
PLAY YARD
M.E.
SEMINAR/
CONFERENCE
8'
-
0
"
798 SF
798 SF
ADMIN
907 SF
MAIN ENTRY
RAMP
PA
17
5
'
-
2
12"
50
'
-
1
"
125'-512"
12
5
'
-
1
12"
250'-1012"
125'-512"
PL
PLPL
PL
PL
PLPL
PL
PL
PL
5'-6"
8'-412"
1'
-
2
12"
GATE
TK
K
G1
K
G2 G1
PA
STAIR
3
STAIR
1
STAIR
2
ELEV.
TK: 3
Kindergarten: 5 , 7
1st Grade: 4, 6
2nd Grade: 8, 9
3rd Grade: 12, 13
4th Grade: 14 , 15
5th Grade: 17, 18
6th Grade: 16, 19
7th Grade: 1, 2
8th Grade: 10, 11
LEGEND
* BA = Bathroom (U.O.N. located inside classroom)
* A.B. = Adult Bathroom
* J = Janitor
* M.E. = Mechanical
*STO = Storage
* P.A. = Planting Area
Total Enclosed Area: 31,500 SF
Total Classrooms: 19 and 2 Specialty Rooms
+2.00
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INTEGRITY CHARTER SCHOOL
NATIONAL CITY BLVD & E 3RD ST, NATIONAL CITY, CA 91950
SEPTEMBER 14, 2023
1ST LEVEL FLOOR PLAN
SCALE: 1/16" = 1'-0"
PROGRAM PHASE / CUP
PAGE 2
Page 66 of 267
2ND FLOOR - LOWER LEVEL
G8
G8
TK
DROP
OFF /
PICK
UP
LOWER PLAY
5'
-
6
"
K
1ST FLOOR - UPPER LEVEL
9'-0"
A.B.
A.B.
BRIDGE
G1G1
CORRIDOR
K
OPEN TO
BELOW
UPPER PLAY
PLAY YARD
11
10
RESEARCH/ LAB 6 4
7 5
3
E 3RD ST
NA
T
I
O
N
A
L
C
I
T
Y
B
L
V
D
A
A
V
E
G2 8
FACULTY
WORK ROOM
FACULTY
LUNCH ROOM
M.E.
COVERED
LUNCH
AREA
10'-0"
8'
-
0
"
784 SF
821 SF766 SF
793 SF
793 SF768 SF
798 SF
798 SF
727 SF
907 SF
DIRECTOR'S
OFFICE
COACHES'
OFFICE
RECEPTION OFFICE
#1
OFFICE
#2
STO
G2 9
766 SF
17
5
'
-
2
12"
50
'
-
1
"
125'-512"
12
5
'
-
1
12"
250'-1012"
125'-512"
PL
PLPL
PL
PL
PLPL
PL
PL
PL
5'-6"
8'-412"
1'
-
2
12"
PA
PA
GA
T
E
GA
T
E
PLAZA
PA
I.T.
STAIR
1
STAIR
2
ELEV.
STAIR
3
TK: 3
Kindergarten: 5 , 7
1st Grade: 4, 6
2nd Grade: 8, 9
3rd Grade: 12, 13
4th Grade: 14 , 15
5th Grade: 17, 18
6th Grade: 16, 19
7th Grade: 1, 2
8th Grade: 10, 11
LEGEND
* BA = Bathroom (U.O.N. located inside classroom)
* A.B. = Adult Bathroom
* J = Janitor
*M.E. = Mechanical
* STO = Storage
* P.A. = Planting Area
Total Enclosed Area: 31,500 SF
Total Classrooms: 19 and 2 Specialty Rooms
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INTEGRITY CHARTER SCHOOL
NATIONAL CITY BLVD & E 3RD ST, NATIONAL CITY, CA 91950
SEPTEMBER 14, 2023
2ND LEVEL FLOOR PLAN
SCALE: 1/16" = 1'-0"
PROGRAM PHASE / CUP
PAGE 3
Page 67 of 267
2ND FLOOR - UPPER LEVEL
ROOF
ROOF
G3
G3
G4G4
G5
G6
G5
CORRIDOR
18 17
16 15 14
13
12
AB
AB
BA/J
G6 19
V.P.
OFFICE
EXTRA
OFFICE RECEPTION FINANCE
OFFICE
SAFETY & OP
OFFICE
ROOF
ROOF
TK: 3
Kindergarten: 5 , 7
1st Grade: 4, 6
2nd Grade: 8, 9
3rd Grade: 12, 13
4th Grade: 14 , 15
5th Grade: 17, 18
6th Grade: 16, 19
7th Grade: 1, 2
8th Grade: 10, 11
LEGEND
* BA = Bathroom (U.O.N. located inside classroom)
* A.B. = Adult Bathroom
* J = Janitor
*M.E. = Mechanical
* STO = Storage
* P.A. = Planting Area
8'
-
0
"
763 SF
752 SF
821 SF766 SF793 SF
793 SF757 SF
768 SF
17
5
'
-
2
12"
50
'
-
1
"
125'-512"
12
5
'
-
1
12"
250'-1012"
125'-512"
PL
PLPL
PL
PL
PLPL
PL
PL
PL
5'-6"
8'-412"
1'
-
2
12"
10'-0"
STAIR
1
STAIR
2
STAIR
3
ELEV.
Total Enclosed Area: 31,500 SF
Total Classrooms: 19 and 2 Specialty Rooms
SCALE: 1/16" = 1'-0"
PROGRAM PHASE / CUP
0 16
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INTEGRITY CHARTER SCHOOL
NATIONAL CITY BLVD & E 3RD ST, NATIONAL CITY, CA 91950
SEPTEMBER 14, 2023
3RD LEVEL FLOOR PLAN PAGE 4
Page 68 of 267
PL PL
ENTRY PLAZA G8
─
G7
STAIRSMP R/L
─
S/C
FACULTY
LUNCH
─
RSP/SPEECH
10
'
-
0
"
2'
-
0
"
10
'
-
0
"
2'
-
0
"
28
'
-
0
"
10
'
-
0
"
2'
-
0
"
10
'
-
0
"
2'
-
0
"
28
'
-
0
"
50'-0"22'-0"10'-0"22'-6"22'-6"22'-6"1'-212"
174'-212"
1'-0"
G8
─
G7
0.00±
4'
-
0
"
4'
-
0
"
E 3RD ST.
22'-6"
INTEGRITY
CHARTE
R
SCHOOL
PL
PL
ELEVATORMAIN ENTRANCE G6
─
G2
─
ADMIN
STAIRSR/L
─
S/C
G6
─
G2
G4
─
G1
G4
─
G1
BRIDGE
10
'
-
0
"
2'
-
0
"
10
'
-
0
"
2'
-
0
"
28
'
-
0
"
10
'
-
0
"
2'
-
0
"
10
'
-
0
"
2'
-
0
"
28
'
-
0
"
45'-6"31'-612"34'-2"10'-0"10'-0"34'-2"36'-8"35'-0"
OPEN
250'-1012"
8'-412"5'-6"
0.00±
14.00±
4'
-
0
"
4'
-
0
"
NATIONAL CITY BLVD.
A AVE.
E 3RD ST
NA
T
I
O
N
A
L
C
I
T
Y
B
L
V
D
A
A
V
E
5'
-
6
"
E 3RD ST
NA
T
I
O
N
A
L
C
I
T
Y
B
L
V
D
A
A
V
E
5'
-
6
"
MARTINEZ + CUTRI
Architecture
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1230 COLUMBIA ST
San Diego, CA
Tel
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INTEGRITY CHARTER SCHOOL
NATIONAL CITY BLVD & E 3RD ST, NATIONAL CITY, CA 91950
SEPTEMBER 14, 2023
WEST ELEVATION
SOUTH ELEVATION
WEST AND SOUTH ELEVATIONS
SCALE: 3/32" = 1'-0"
PROGRAM PHASE / CUP
PAGE 6
Page 69 of 267
PL PL
G3
─
DROP OFF/
PICK UP
G3
─
TK
10
'
-
0
"
2'
-
0
"
10
'
-
0
"
2'
-
0
"
28
'
-
0
"
10
'
-
0
"
2'
-
0
"
10
'
-
0
"
2'
-
0
"
24
'
-
0
"
20'-6"37'-6"37'-6"
174'-212"
1'-212"
G4
─
G1
BA/J
─
ADMIN
PRIVATE PROPERTY
PL
5'-5"50'-0"
35'-0"35'-6"
22'-0"
14.00±
OPEN
4'
-
0
"
E 3RD ST.
26'-6"
E 3RD ST
NA
T
I
O
N
A
L
C
I
T
Y
B
L
V
D
A
A
V
E
5'
-
6
"
MPSTAIRSUPPER PLAYTK
─
G4
10
'
-
0
"
2'
-
0
"
10
'
-
0
"
2'
-
0
"
28
'
-
0
"
10
'
-
0
"
2'
-
0
"
10
'
-
0
"
2'
-
0
"
28
'
-
0
"
118'-0"39'-0"56'-0"10'-0"20'-6"
250'-0"
1'-0"5'-6"
0.00±
14.00±
4'
-
0
"
4'
-
0
"
NATIONAL CITY BLVD.
A AVE.
AMPHITHEATER
PL
PL
E 3RD ST
NA
T
I
O
N
A
L
C
I
T
Y
B
L
V
D
A
A
V
E
5'
-
6
"
MARTINEZ + CUTRI
Architecture
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Planning
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1230 COLUMBIA ST
San Diego, CA
Tel
Fax
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92101
(619) 233-4857
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INTEGRITY CHARTER SCHOOL
NATIONAL CITY BLVD & E 3RD ST, NATIONAL CITY, CA 91950
SEPTEMBER 14, 2023
EAST ELEVATION
NORTH ELEVATION
EAST AND NORTH ELEVATIONS
SCALE: 3/32" = 1'-0"
PROGRAM PHASE / CUP
PAGE 7
Page 70 of 267
1ST FLOOR - LOWER LEVEL
G7
6
3
DROP OFF /
PICK UP
5'
-
6
"
57
UPPER PLAY
GA
R
D
E
N
8
PA
36
'
-
0
"
9'-0"
A.B.
A.B.
0.00±
12.00±
PA
FLOWER
SE
A
T
I
N
G
ABOVE
RAMP
RAMP
SI
D
E
W
A
L
K
G7
SE
A
T
I
N
G
SE
A
T
I
N
G
SEATING
SEATING
SEATING
LOWER PLAY
MULTI-PURPOSE
STO
BA
PLAZA
AMPHITHEATER
E 3RD ST
NA
T
I
O
N
A
L
C
I
T
Y
B
L
V
D
A
A
V
E
PA
4
RECEPTION
NURSEPARENT'S
ROOM
ADMIN.
ASSISTANTSTO
KITCHEN
STAGE
I.T.J
COVERED
LUNCH
AREARSPSEL
SPEECH PSYCH
STO
PLAY YARD
M.E.
SEMINAR/ CONFERENCE
8'
-
0
"
ADMIN
MAIN ENTRY
RAMP
PA
17
5
'
-
2
12"
50
'
-
1
"
125'-512"
12
5
'
-
1
12"
250'-1012"
125'-512"
5'-6"
8'-412"
1'
-
2
12"
GATE
TK
K
G1
K
G2 G1
PA
STAIR
3
STAIR
1
STAIR
2
ELEV.
CONCEPTUAL LANDSCAPE PLAN
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NATIONAL CITY BLVD & E 3RD ST, NATIONAL CITY, CA 91950
SEPTEMBER 14, 2023
A
A
B
B
B
C C
D
B
B
B
BBBBB
D
D
DDDD
C
C
A
A
A
A
GROUND COVER SUCCULENTSD
SCALE: 1/16" = 1'-0"
PROGRAM PHASE / CUP
C
B B B
C
SPECIAL TREES
BACKGROUND TREES
SHRUBBERY
A
B
C
Mexican Evergreen Oak Mexican Sycamore Royal Palm
Foothill Palo Verde Tree Guava Psidium Gavajava Mexican Yellow Elder
Vines Petunias 'Hybrida' Agave SucculentBurning Bush
Mexican Bird of ParadiseBird of ParadiseMexican Fleabane Kangaroo Paw Flower
Gold Medallion Tree
PAGE 15
LANDSCAPE ARCHITECTS: DeLorenzo International, San Diego, CA
1
2
Page 71 of 267
TRANSPORTATION IMPACT ANALYSIS
INTEGRITY CHARTER SCHOOL
National City, California
August 30, 2024
LLG Ref. 3-24-3892
Prepared by: Under the Supervision of:
Narasimha Prasad John Boarman, P.E.
Senior Transportation Engineer Principal
ATTACHMENT 5
Page 72 of 267
LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 3-24-3892
Integrity Charter School
N:\3892 - Integrity Charter School\Report\1. Aug 30, 2024\Aug 30_2024 TIA.3892 - Clean.docx
i
TABLE OF CONTENTS
SECTION PAGE
1.0 Introduction ................................................................................................................................ 1
2.0 Project Description .................................................................................................................... 2
2.1 Proposed School.................................................................................................................. 2
2.2 Events .................................................................................................................................. 2
2.3 Existing Schools.................................................................................................................. 2
2.4 Project Site Plan .................................................................................................................. 2
3.0 Existing Conditions .................................................................................................................... 8
3.1 Study Area .......................................................................................................................... 8
3.2 Existing Street Network ...................................................................................................... 8
3.3 Existing Traffic Volumes .................................................................................................... 9
4.0 Analysis Approach and Methodology .................................................................................... 12
4.1 Methodology ..................................................................................................................... 12
4.2 Signalized Intersections .................................................................................................... 12
4.3 Unsignalized Intersections ................................................................................................ 14
5.0 Substantial Effect Criteria ...................................................................................................... 15
6.0 Analysis of Existing Conditions .............................................................................................. 16
7.0 Cumulative Traffic................................................................................................................... 17
8.0 Trip Generation/Distribution/Assignment ............................................................................ 19
8.1 Existing School Trip Generation ...................................................................................... 19
8.2 Trip Generation ................................................................................................................. 19
8.3 Trip Distribution/Assignment ........................................................................................... 20
9.0 Analysis of Near-Term Scenarios ........................................................................................... 24
9.1 Opening Day 2026 without Project................................................................................... 24
9.2 Opening Day 2026 with Project ........................................................................................ 24
10.0 Pick-Up & Drop-Off Assessment ............................................................................................ 26
11.0 Traffic Circulation and Parking ............................................................................................. 27
11.1 Traffic Circulation ............................................................................................................ 27
11.1.1 Circulation Improvements .................................................................................... 27
11.1.2 Pedestrian Improvements ...................................................................................... 27
11.2 Parking .............................................................................................................................. 27
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ii
TABLE OF CONTENTS (CONTINUED)
SECTION PAGE
11.2.1 Parking Supply / Demand Study ........................................................................... 28
11.2.2 Recommendations to Increase Parking Supply..................................................... 28
11.2.3 Future Parking ....................................................................................................... 29
12.0 Vehicle Miles Traveled (VMT) Assessment ........................................................................... 33
12.1 VMT Background ............................................................................................................. 33
12.2 Transportation Analyses ................................................................................................... 33
13.0 Active Transportation Review ................................................................................................ 34
13.1 Pedestrians ........................................................................................................................ 34
13.2 Bicycles ............................................................................................................................. 35
13.2.1 Bicycle Facility Classifications............................................................................. 35
13.2.2 Existing Bicycle Facilities .................................................................................... 35
13.3 Transit ............................................................................................................................... 37
13.3.1 Existing Bus Facilities .......................................................................................... 37
13.3.2 Existing Trolley Facilities ..................................................................................... 37
13.3.3 Planned Transit Facilities ...................................................................................... 38
14.0 Conclusions ............................................................................................................................... 40
14.1 CEQA Transportation Analysis of Vehicle Miles Traveled (VMT) ................................ 40
14.2 Local Transportation Analysis .......................................................................................... 40
14.3 Pick-Up and Drop-Off and Parking .................................................................................. 40
14.4 Summary ........................................................................................................................... 40
Page 74 of 267
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Integrity Charter School
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iii
APPENDICES
APPENDIX
A. Intersection Manual Count Sheets
B. Existing Intersection Analysis Worksheets
C. Opening Day Without Project Intersection Analysis Worksheets
D. Opening Day With Project Intersection Analysis Worksheets
E. Parking Analysis Count Sheets
F. Bus/Trolley Route Schedule
G. Project Information Details Division St & Osborn St Traffic Signal, San Diego Capital
Improvement Projects (CIP)
LIST OF FIGURES
SECTION—FIGURE # FOLLOWING PAGE
Figure 2–1 Vicinity Map ................................................................................................................. 4
Figure 2–2 Project Area Map .......................................................................................................... 5
Figure 2–3 Existing Schools Location Map .................................................................................... 6
Figure 2–4 Proposed School Site Plan ............................................................................................ 7
Figure 3–1 Existing Conditions Diagram ...................................................................................... 10
Figure 3–2 Existing Traffic Volumes ............................................................................................ 11
Figure 7–1 Opening Day 2026 without Project Traffic Volumes ................................................. 18
Figure 8–1 Project Traffic Distribution ......................................................................................... 21
Figure 8–2 Project Traffic Volumes .............................................................................................. 22
Figure 8–3 Opening Day (2026) + Project Traffic Volumes ........................................................ 23
Figure 11–1 Traffic Circulation and On-Street Parking Concept Plan ........................................... 31
Figure 11–2 Parking Study Segments ............................................................................................. 32
Figure 13–1 Walking Distance to Nearest Bus Stop ....................................................................... 39
Page 75 of 267
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iv
LIST OF TABLES
SECTION—TABLE # PAGE
Table 4–1 Intersection Level of Service Descriptions ........................................................................ 13
Table 4–2 Intersection Level of Service (LOS) & Delay Ranges ...................................................... 13
Table 5–1 Level of Service Thresholds .............................................................................................. 15
Table 6–1 Existing Intersection Operations ........................................................................................ 16
Table 8–1 Project Trip Generation ..................................................................................................... 19
Table 9–1 Near-Term Intersection Operations ................................................................................... 25
Table 11-1 On-Street Parking Occupancy .......................................................................................... 30
Table 13-1 Pedestrian Conditions – Roadway Segments ................................................................... 34
Table 13-2 Pedestrian Conditions – Intersections .............................................................................. 35
Table 13-3 California Bikeway Classifications .................................................................................. 36
Table 13-4 Existing and Planned Bicycle Facilities ........................................................................... 37
Page 76 of 267
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Integrity Charter School
N:\3892 - Integrity Charter School\Report\1. Aug 30, 2024\Aug 30_2024 TIA.3892 - Clean.docx 1
TRANSPORTATION IMPACT ANALYSIS
INTEGRITY CHARTER SCHOOL
National City, California
August 30, 2024 1.0 INTRODUCTION
Linscott, Law & Greenspan Engineers (LLG) has prepared this Transportation Impact Analysis (TIA)
to assess the potential impacts to the street system as a result of the proposed Integrity Charter School
in National City. This school is planned for a population of 440 students. The Project proposes to
construct a school building at 241 National City Boulevard.
The traffic analysis presented in this report includes the following:
Project Description
Existing Conditions
Analysis Approach and Methodology
Substantial Effect Criteria
Analysis of Existing Conditions
Cumulative Traffic
Trip Generation, Distribution, and Assignment
Analysis of Near-Term Scenarios
Pick-Up and Drop-Off Assessment
CEQA Vehicle Miles Traveled (VMT) Assessment
Active Transportation Review
Parking
Recommended Improvements
Conclusions
Page 77 of 267
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Integrity Charter School
N:\3892 - Integrity Charter School\Report\1. Aug 30, 2024\Aug 30_2024 TIA.3892 - Clean.docx 2
2.0 PROJECT DESCRIPTION
2.1 Proposed School
The proposed 440-student Integrity Charter School will be located at 241 National City Boulevard in
the City of National City, on the northeast corner of the National City Boulevard / 3rd Street
intersection.
Figure 2–1 shows the Project vicinity. Figure 2–2 shows a more detailed project area map.
2.2 Events
A sample of events at the school include the following:
The school hosts a Family Friday event 8 times a year, lasting about 2 hours total. It is on
a Friday and occurs in the morning during school. About 60 families are expected to attend
this event
Two (2) back to school nights are held during the year in the evening lasting about an hour.
An average of about 10 families per classroom or 210 families are expected to attend.
Some special events such as the winter concert are held off site.
The events described above occur less than once a month and are therefore infrequent.
2.3 Existing Schools
The proposed Integrity Charter School will replace two existing school buildings described below:
The existing Integrity Charter School at the northeast corner of the National City Boulevard / E 8th
Street intersection. This school has grades 3-8 and caters to approximately 250 students. Grades K-2
for 120 students are held at the YMCA facility at the northwest corner of the D Avenue / E. 15th Street.
These two school locations will be replaced by the proposed Project.
Figure 2–3 shows the locations of the existing Schools that will be replaced by the Proposed New
School.
2.4 Project Site Plan
Figure 2–4 depicts the Project site plan. As shown on the site plan, the Project will provide the
following pick-up and drop-off areas:
West curb of A Avenue between 2nd Street and 3rd Street
North curb of 3rd Street between National City Boulevard and A Avenue
Page 78 of 267
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The Project will also provide the following on the east curb of National City Boulevard along the
School Frontage:
A trash pick-up space on National City Boulevard
An ADA space on National City Boulevard
A commercial parking space for delivery vehicles on National City Boulevard
Page 79 of 267
Vicinity Map
Integrity Charter School
Figure 2-1N:\3892\Figure
Date: 5/9/2024
SanGIS, Bureau of Land Management, Esri, HERE, Garmin, USGS, NGA, EPA, USDA, NPS
¯
Project Site
Page 80 of 267
Project Area Map
Figure 2-2
Integrity Charter School
N:\3892\FiguresDate: 05/09/24
Project Site
Page 81 of 267
ExisƟng School Site LocaƟon
Figure 2-3
Integrity Charter School
N:\3892\FiguresDate: 05/14/24
ExisƟng
Site
ExisƟng
Site
Existing Integrity Charter School - Grades 3-8 (250 Students)
Existing YMCA Site - Grades K-2 (120 Students)
Page 82 of 267
ST
O
P
6
86'-414"74'-734"
9 9.3 10
10'-0"20'-10"
5'-10"
SETBACK88'-914"
17
5
'
-
2
14"
50
'
-
0
34"
125'-514"
12
5
'
-
1
12"
125'-514"
250'-1012"
1
2
4 5 63.2 7 8
10
1
124'-914"0'-4"0'-4"
34'-10"8'-412"31'-414"33'-6"35'-714"34'-012"36'-2"5'-10"
K
J
G
F
E
D
B
A
H
F5
J
K
1'
-
6
14"
21
'
-
1
0
"
8'
-
8
"
21
'
-
1
0
"
E1
26
'
-
7
14"
B
34
'
-
1
0
14"
1'
-
6
14"
21
'
-
1
0
"
19
'
-
1
0
"
22
'
-
6
"
22
'
-
2
"
10
'
-
0
"
26
'
-
8
"
49
'
-
4
"
1'
-
4
"
0'
-
7
14"
SE
T
B
A
C
K
3
9'-0"0'-4"
SETBACK SETBACK
SE
T
B
A
C
K
SE
T
B
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3.0 EXISTING CONDITIONS
Effective evaluation of the traffic impacts associated with the proposed Project requires an
understanding of the existing transportation system within the project area. Figure 3–1 shows an
existing conditions diagram, including signalized intersections and lane configurations.
3.1 Study Area
The study area includes the following intersections:
Osborn Street / Division Street (Unsignalized)
National City Boulevard & 2nd Street (Unsignalized)
National City Boulevard & 3rd Street (Unsignalized)
National City Boulevard & 8th Street (Signalized)
A Avenue & 2nd Street (Unsignalized)
A Avenue & 3rd Street (Unsignalized)
3.2 Existing Street Network
The following is a description of the existing street network in the study area.
National City Boulevard
National City Boulevard is classified as an arterial roadway per the National City Circulation Element.
Currently, National City Boulevard is constructed as a 4-lane north-south divided roadway within the
Project vicinity. Sidewalks are provided on both sides of the roadway. Bicycle facilities are not
provided, and curbside parking is permitted intermittently on both sides of the roadway. The posted
speed limit is 35 mph.
A Avenue
A Avenue is unclassified in the National City Circulation Element. Currently, A Avenue is constructed
as a 2-lane north-south undivided roadway between 2nd Street and 3rd Street. The approximate curb-
to-curb distance is 45-50 ft along the roadway. On-street parallel parking is permitted intermittently
on both sides of the roadway. Approximately 4-5 ft wide sidewalks are provided on both sides of the
road. There is no posted speed limit. No bike facilities are provided.
E. 2nd Street
E 2nd Street is unclassified in the National City Circulation Element. Currently, E 2nd Street is
constructed as a 2-lane east-west undivided roadway between National City Boulevard and A Avenue.
The approximate curb-to-curb distance is 40 ft along the roadway. On-street parallel parking is
permitted on both sides of the roadway. Approximately 5 ft wide sidewalks are provided on both sides
of the road. There is no posted speed limit. No bike facilities are provided.
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E. 3rd Street
E 3rd Street is unclassified in the National City Circulation Element. Currently, E 3rd Street is
constructed as a 2-lane east-west undivided roadway between National City Boulevard and A Avenue.
The approximate curb-to-curb distance is 48 ft along the roadway. On-street parallel parking is
permitted on the south side of the roadway, while diagonal parking is striped on the north side.
Approximately 5 ft wide sidewalks are provided on both sides of the road. There is no posted speed
limit. No bike facilities are provided.
E. 8th Street
E 8th Street is classified and constructed as a 4-lane east-west roadway between I-5 and National City
Boulevard and as a 2-lane Collector between National City Boulevard and Highland Avenue. Between
I-5 and National City Boulevard, E. 8th Street is approximately 62 feet wide with a raised median. Bike
lanes are provided and parking is not permitted. The posted speed limit is 30 mph. Between National
City Boulevard and Highland Avenue, on-street parallel parking is permitted intermittently on the
north side of the roadway, while diagonal parking is striped on the south side. Approximately 7-8 ft
wide sidewalks are provided on both sides of the road. The posted speed limit is 25 mph. Bike lanes
are not provided.
Division Street
Division Street is classified as a 2-Lane Collector roadway between Osborne Street and D Avenue in
the National City Circulation Element. Currently, Division Street is constructed as an east-west 2-lane
undivided roadway with a two-way left-turn lane. The curb-to-curb distance is approximately 50 ft.
On-street parallel parking is permitted intermittently on both sides of the roadway. Approximately 4-
5 ft wide sidewalks are provided on the north side of the roadway from Osborne Street / National City
Boulevard to D Avenue and approximately 6-7 ft wide sidewalks are provided on the south side of the
roadway. The posted speed limit is 30 mph. No bike facilities are provided.
3.3 Existing Traffic Volumes
Peak hour (7:00-9:00 AM and 2:00-4:00 PM) intersection turning movement counts were conducted
on Tuesday, March 12, 2024, and on Tuesday, April 23, 2024, within the Project study area.
Figure 3–1 shows an existing conditions diagram, including signalized/unsignalized intersections and
lane configurations. Figure 3–2 shows the Existing Traffic Volumes. Appendix A contains the manual
count sheets.
Page 85 of 267
Existing Conditions Diagram
Integrity Charter School
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Page 86 of 267
Existing Traffic Volumes
Integrity Charter School
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4.0 ANALYSIS APPROACH AND METHODOLOGY
4.1 Methodology
Peak hour intersection analysis was performed to determine the potential effects of the Project on the
roadway network. There are various methodologies used to analyze signalized intersections and
unsignalized intersections.
The measure of effectiveness for intersection and segment operations is level of service (LOS) which
denotes the operating conditions which occur at a given intersection or on a given roadway segment
under various traffic volume loads. It is a qualitative measure used to describe a quantitative analysis
taking into account factors such as roadway geometries, signal phasing, speed, travel delay, freedom
to maneuver, and safety. LOS provides an index to the operational qualities of a roadway segment or
an intersection. LOS designations range from A to F, with LOS A representing the best operating
conditions and LOS F representing the worst. LOS designation is reported differently for signalized
and unsignalized intersections, as well as for roadway segments.
In the Highway Capacity Manual (HCM 6), LOS for signalized intersections is defined in terms of
delay. The LOS analysis provides results in seconds of delay expressed in terms of letters A through
F. Delay is a measure of driver discomfort, frustration, fuel consumption, and lost travel time.
4.2 Signalized Intersections
Table 4–1 lists the criteria, which are based on the average control delay for any particular minor
movement (unsignalized intersections) and overall intersection (signalized intersections). For
signalized intersections, LOS criteria are stated in terms of the average control delay per vehicle for a
15-minute analysis period. Control delays include initial deceleration delay, queue move-up time,
stopped delay, and final acceleration delay.
LOS A describes operations with very low delay, (i.e. less than 10.0 seconds per vehicle). This occurs
when progression is extremely favorable, and most vehicles arrive during the green phase. Most
vehicles do not stop at all. Short cycle lengths may also contribute to low delay.
LOS B describes operations with delay in the range 10.1 seconds and 20.0 seconds per vehicle. This
generally occurs with good progression and/or short cycle lengths. More vehicles stop than for LOS
A, causing higher levels of Average delay.
LOS C describes operations with delay in the range 20.1 seconds and 35.0 seconds per vehicle. These
higher delays may result from fair progression and/or longer cycle lengths. Individual cycle failures
may begin to appear. The number of vehicles stopping is significant at this level, although many still
pass through the intersection without stopping.
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TABLE 4–1
INTERSECTION LEVEL OF SERVICE DESCRIPTIONS
LOS Description
A Occurs when progression is extremely favorable, and most vehicles arrive during the green phase.
Most vehicles do not stop at all. Short cycle lengths may also contribute to low delay.
B Generally, occurs with good progression and/or short cycle lengths. More vehicles stop than for
LOS A, causing higher levels of average delay.
C Generally, results when there is fair progression and/or longer cycle lengths. Individual cycle
failures may begin to appear in this level. The number of vehicles stopping is significant at this
level, although many still pass through the intersection without stopping.
D Generally, results in noticeable congestion. Longer delays may result from some combination of
unfavorable progression, long cycle lengths, or high volume-to-capacity ratios. Many vehicles stop,
and the proportion of vehicles not stopping declines. Individual cycle failures are noticeable.
E Considered to be the limit of acceptable delay. These high delay values generally indicate poor
progression, long cycle lengths, and high volume-to-capacity ratios. Individual cycle failures are
frequent occurrences.
F Considered to be unacceptable to most drivers. This condition often occurs with over saturation i.e.
when arrival flow rates exceed the capacity of the intersection. It may also occur at high volume-to-
capacity ratios below 1.00 with many individual cycle failures. Poor progression and long cycle
lengths may also be major contributing causes to such delay levels
TABLE 4–2
INTERSECTION LEVEL OF SERVICE (LOS) & DELAY RANGES
LOS Delay (seconds/vehicle)
Signalized Intersections Unsignalized Intersections
A ≤ 10.0 ≤ 10.0
B 10.1 to 20.0 10.1 to 15.0
C 20.1 to 35.0 15.1 to 25.0
D 35.1 to 55.0 25.1 to 35.0
E 55.1 to 80.0 35.1 to 50.0
F ≥ 80.1 ≥ 50.1
Source: Highway Capacity Manual 6.
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LOS D describes operations with delay in the range 35.1 seconds and 55.0 seconds per vehicle. At
level D, the influence of congestion becomes more noticeable. Longer delays may result from some
combination of unfavorable progression, long cycle lengths, or higher v/c ratios. Many vehicles stop,
and the proportion of vehicles not stopping declines. Individual cycle failures are frequent.
LOS E describes operations with delay in the range of 55.1 seconds to 80.0 seconds per vehicle. This
is considered to be the limit of acceptable delay. These high delay values generally indicate poor
progression, long cycle lengths, and high v/c ratios. Individual cycle failures are frequent occurrences.
LOS F describes operations with delay in excess of over 80.0 seconds per vehicle. This is considered
to be unacceptable to most drivers. This condition often occurs with over-saturation (i.e., when arrival
flow rates exceed the capacity of the intersection). It may also occur at high v/c ratios below 1.00 with
many individual cycle failures. Poor progression and long cycle lengths may also be major
contributing causes to such delay levels.
4.3 Unsignalized Intersections
For unsignalized intersections, LOS is determined by the computed or measured control delay and is
defined for each minor movement. For All-Way-Stop-controlled (AWSC) intersections, the overall
intersection delay is reported. For two-way-stop-controlled (TWSC) intersections, LOS is not defined
for the intersection as a whole, but the worst-case movement (typically the minor street left-turn) delay
and LOS are reported.
LOS F exists when there are insufficient gaps of suitable size to allow a side street demand to safely
cross through a major street traffic stream. This LOS is generally evident from extremely long control
delays experienced by side-street traffic and by queuing on the minor-street approaches. The method,
however, is based on a constant critical gap size; that is, the critical gap remains constant no matter
how long the side-street motorist waits.
LOS F may also appear in the form of side-street vehicles selecting smaller-than-usual gaps. In such
cases, safety may be a problem, and some disruption to the major traffic stream may result. It is
important to note that LOS F may not always result in long queues but may result in adjustments to
normal gap acceptance behavior, which are more difficult to observe in the field than queuing.
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5.0 SUBSTANTIAL EFFECT CRITERIA
National City uses the regionally adopted SANTEC/ITE Guidelines for the purposes of traffic impact
analysis. National City considers LOS D as the minimum acceptable level of service.
A Project is considered to have a substantial effect if the new project traffic decreases the operations
of surrounding roadways by a defined threshold. The defined thresholds shown in
Table 5–1 for intersections are based on published San Diego Traffic Engineers’ Council (SANTEC)
guidelines. If the project exceeds the thresholds in Table 5–1, then the project may be considered to
have a substantial effect. A feasible improvement will need to be identified to return the substantial
effect within the thresholds (pre-project + allowable increase) or the substantial effect will be
considered unmitigable.
TABLE 5–1
LEVEL OF SERVICE THRESHOLDS
Level of Service (LOS) with Project Allowable Increase in Delay a (sec.)
Due to Project Impacts b
E & F c 2.0
Footnotes:
a. Delay = Average stopped delay per vehicle measured in seconds for intersections.
b. If a proposed project’s traffic impacts exceed the values shown in the table, then the impacts are deemed “substantial.” The project applicant
shall identify “feasible mitigation measures” to achieve LOS D or better.
c. The acceptable Level of Service (LOS) standard for intersections in National City is LOS D. Hence, if the project maintains the level of service
at LOS D, the impact is not considered substantial.
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6.0 ANALYSIS OF EXISTING CONDITIONS
The analysis of existing conditions includes the assessment of the study area intersections using the
methodologies described in Section 4.0. Table 6–1 summarizes the existing peak hour intersection
operations. As shown in Table 6–1, all study area intersections are calculated to currently operate at
LOS D or better, except the following intersection:
Osborn Street / Division Street (LOS F during the AM and LOS E during the PM peak hours)
Appendix B contains the Existing intersection analysis worksheets.
TABLE 6–1
EXISTING INTERSECTION OPERATIONS
Intersection Control Type Peak Hour Delaya LOSb
1. Osborn Street / Division Street AWSC c AM 126.8 F
PM 39.3 E
2. National City Blvd / 2nd St TWSC d AM 24.0 C
PM 31.9 D
3. National City Blvd / 3rd St TWSC d AM 14.6 B
PM 12.7 B
4. National City Blvd / 8th St Signal AM 34.7 C
PM 42.9 D
5. A Street / 2nd St TWSC d AM 9.0 A
PM 9.2 A
6. A Street / 3rd St TWSC d AM 9.0 A
PM 8.9 A
Footnotes:
a. Average delay expressed in seconds per vehicle.
b. Level of Service.
c. AWSC – All Way Stop Controlled intersection. Overall intersection delay
and LOS reported.
d. TWSC – Two-Way Stop Controlled intersection. Minor Street Approach
Delay and LOS reported.
SIGNALIZED UNSIGNALIZED
Delay LOS Delay LOS
0.0 ≤ 10.0 A 0.0 ≤ 10.0 A
10.1 to 20.0 B 10.1 to 15.0 B
20.1 to 35.0 C 15.1 to 25.0 C
35.1 to 55.0 D 25.1 to 35.0 D
55.1 to 80.0 E 35.1 to 50.0 E
≥ 80.1 F ≥ 50.1 F
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7.0 CUMULATIVE TRAFFIC
Cumulative projects are other projects in the study area that will add traffic to the local circulation
system prior to the opening day of the Project. Based on discussions with City staff, no cumulative
projects were identified in the Project vicinity. In lieu of the cumulative projects, a growth rate of 2%
per year for two years was applied to the Existing traffic volumes to represent cumulative traffic
volumes not captured in the counts.
Figure 7–1 shows the Opening Day 2026 without Project (Existing + Growth) traffic volumes.
Page 93 of 267
Opening Day 2026 without Project Traffic Volumes
Integrity Charter School
Figure 7-1
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8.0 TRIP GENERATION/DISTRIBUTION/ASSIGNMENT
The Project proposes the development of a 440-Student Charter School. Based on discussions with
the City, it was decided to conduct a trip generation study at the existing Integrity Charter School at
701 National City Boulevard. The trip rates thus developed were used to estimate the trips generated
by the proposed Project.
8.1 Existing School Trip Generation
The typical morning school bell is 7:40 am and the afternoon bell is at 2:40 pm. Counts were conducted
at the existing school at 701 National City Boulevard on March 14, 2024, to determine the peak hour
traffic. The week the counts were done was early dismissal week and the afternoon dismissal counts
had to be conducted earlier, during the early release between 11:45 am and 1:30 pm. However, this
traffic activity is similar to the regular dismissal at 2:40 PM.
This data is summarized in Table 8-1. There are 250 students at this facility. Based on the data
collected, the calculated AM peak hour trip rate is 1.13 per student with 56% inbound and 44%
outbound trips and the PM peak hour (school bell) trip rate is 0.42 trips per student with 50% inbound
and 50% outbound. These trip rates were compared to the SANDAG and ITE Trip Generation Manual
School Trip rates and were determined to be comparable.
The existing school is moving from its existing location at 701 National City Boulevard to the
proposed location at 241 National City Boulevard. Regionally, this is not a new school. However, for
a conservative analysis, no credit was applied to the trip generation to account for the elimination of
the existing school.
8.2 Trip Generation
Table 8–1 summarizes the trip generation of the existing school at 701 National City Boulevard. The
Project trip generation based on the trip rates for the existing school is also summarized in
Table 8–1. The Project is calculated to generate a total of 496 trips during the AM peak hour (278
inbound and 218 outbound), and 183 trips during the PM peak hour (92 inbound and 91 outbound).
TABLE 8–1
PROJECT TRIP GENERATION
Integrity
School
Size AM Peak Hour
(7:15 am to 8:15 am)
School PM Peak Hour
(2:15 pm to 3:15 pm)
Rate Split In Out Total Rate Split In Out Total
Existing 250 Students 1.13 56:44 157 125 282 0.42 50:50 52 52 104
Proposed 440 Students 1.13 56:44 278 218 496 0.42 50:50 92 91 183
General Note: Trip rates developed based on counts at the existing Integrity Charter School at 701 National City Boulevard.
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8.3 Trip Distribution/Assignment
The zip code information of the students was obtained. Also, the direction from which traffic accessed
the existing 701 National City Boulevard location was observed while traffic counts were obtained.
The Project traffic was distributed based on the zip code information, the site location, the street
network, access to I-5, existing traffic patterns in the area and anticipated traffic patterns to and from
the site. The Project’s regional distribution assumes 40% of trips oriented to/from the north and 40%
to/from the south, and 20% local distribution.
Figure 8–1 depicts the Project traffic distribution. Figure 8–2 depicts the Project traffic volumes.
Figure 8–3 depicts the Opening Day 2026 + Project traffic volumes.
Page 96 of 267
Project Traffic Distribution
Integrity Charter School
Figure 8-1
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Project Traffic Volumes
Integrity Charter School
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Opening Day 2026 + Project Traffic Volumes
Integrity Charter School
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9.0 ANALYSIS OF NEAR-TERM SCENARIOS
The following section presents the analysis of study area intersections under Near-Term conditions.
9.1 Opening Day 2026 without Project
Table 9–1 summarizes the Opening Day 2026 without Project intersection operations. As shown in
Table 9–1, all the study area signalized and unsignalized intersections are calculated to operate at LOS
D or better during both the AM and PM peak hours, except the following intersections:
Osborn Street / Division Street (LOS F during the AM and LOS F during the PM peak
hours)
National City Boulevard / 2nd Street (LOS E during the PM peak hour)
Appendix C contains the Opening Day 2026 without Project intersection analysis worksheets.
9.2 Opening Day 2026 with Project
Table 9–1 summarizes the Opening Day with Project intersection operations. As shown in Table 9–1,
with the addition of Project traffic, all the study area signalized and unsignalized intersections are
calculated to operate at LOS D or better during both the AM and PM peak hours, except the following
intersections:
Osborn Street / Division Street (LOS F during the AM and LOS F during the PM peak
hours)
The increase in delay due to the Project at the Osborn Street / Division Street intersection
exceeds the allowable threshold of 2 seconds. Therefore, the Project has a substantial effect
at this intersection.
National City Boulevard / 2nd Street (LOS F during the AM and PM peak hours)
The Minor street left turn is calculated to operate at LOS F during the AM and PM peak
hour at the National City Boulevard / 2nd Street intersection. However, the minor street left
volumes are low and the Project does not add any traffic to this movement. Hence the
Project does not have a substantial effect at this intersection. Furthermore, side street traffic
can divert to the traffic signals at 1st Street or 4th Street to avoid longer delays.
National City Boulevard / 3rd Street (LOS F during the AM peak hour)
Northbound I-5 is severely congested in the morning and National City Boulevard is used
by cut-through traffic to avoid I-5 during the AM peak period. This contributes to
congestion on National City Boulevard. This intersection is fully improved with a
landscaped median, which restricts traffic to right turns in and out.
The Project proposes to construct curb extensions and high visibility crosswalks at the
intersection to enhance pedestrian safety and access as an offset to the reduction in
vehicular level of service. These types of improvements are consistent with National City
General Plan policies that encourage new development to contribute to improving
walkability and creating complete streets.
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These improvements will benefit vulnerable users such as school-age children.
Appendix D contains the Opening Day with Project intersection analysis worksheets.
TABLE 9–1
NEAR-TERM INTERSECTION OPERATIONS
Intersection Control
Type
Peak
Hour
Opening Day 2026
Without Project
Opening Day 2026
With Project
Substantial
Effect?
Delay LOS Delay LOS
1.Osborn Street /
Division St
AWSC c AM 145.1 F 177.2 F Yes
PM 46.3 E 52.0 F Yes
2.National City Blvd /
2nd St
TWSC d AM 25.7 D 312.6 F No e
PM 37.0 75.7 No e
3.National City Blvd /
3rd St
TWSC d AM 15.1 C 55.6 F No f
PM 13.0 B 13.0 B No
4.National City Blvd /
8th St
Signal AM 36.0 D 40.0 D No
PM 44.6 D 44.8 D No
5.A Street / 2nd St TWSC
d AM 9.2 A 10.3 B No
PM 9.2 A 9.5 A No
6.A Street / 3rd St TWSC
d AM 9.0 A 15.3 C No
PM 8.9 A 9.3 A No
Footnotes:
a.Average delay expressed in seconds per vehicle.
b.Level of Service.
c.AWSC – All Way Stop Controlled intersection. Overall intersection delay
and LOS reported.
d.TWSC – Two-Way Stop Controlled intersection. Minor Street approach
delay and LOS reported.
e.The minor street delay and LOS is reported. However, the Project does not
add any traffic to this movement and hence the Project does not have a
substantial effect at that intersection.
f.The Project is providing pedestrian enhancements to offset a reduction in
vehicular level of service. See text for a detailed explanation.
General Note:
Bold indicates potential substantial effect due to Project traffic.
SIGNALIZED UNSIGNALIZED
Delay LOS Delay LOS
0.0 ≤ 10.0 A 0.0 ≤ 10.0 A
10.1 to 20.0 B 10.1 to 15.0 B
20.1 to 35.0 C 15.1 to 25.0 C
35.1 to 55.0 D 25.1 to 35.0 D
55.1 to 80.0 E 35.1 to 50.0 E
≥ 80.1 F ≥ 50.1 F
FE
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10.0 PICK-UP & DROP-OFF ASSESSMENT
The Project proposes two Pick-Up and Drop-Off areas along the frontage of the School, one on the
west curb of A Avenue and the other on the north curb of 3rd Street as shown in Figure 2-4.
Pick-Up and Drop-Off on A Avenue
The Pick-Up and Drop-Off lane on A Avenue is 9 feet wide and is approximately 100 feet long and
can accommodate 4 vehicles at a time.
Pick-Up and Drop-Off on 3rd Street
The Pick-Up and Drop-Off lane on 3rd Street is 12 feet wide and is approximately 200 feet long. This
location can accommodate approximately 8 vehicles at a time.
The two locations described above can accommodate a total of 12 vehicles at a time. This space can
be used for on-street parking for the rest of the day when parents are not picking up or dropping off
their children. Suitable signs should be posted to this effect.
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11.0 TRAFFIC CIRCULATION AND PARKING
11.1 Traffic Circulation
11.1.1 Circulation Improvements
It is proposed to modify circulation on 3rd Street between National City Boulevard and A Avenue from
two-way travel to one-way westbound only travel (Figure 11-1). This will allow for modifying
parking from parallel to diagonal on the south curb and a pick-up / drop-off lane on the north curb of
3rd Street. The following benefits will occur due to these improvements:
Traffic to the pick-up and drop-off area will be required to approach from the east and continue
west after dropping off / picking-up children at the school, which reduces conflicts with
opposing traffic.
There will be no need for drivers to attempt illegal U-turns to access the Pick-Up / Drop-Off
area as is frequently seen at other schools due to the one-way circulation system.
11.1.2 Pedestrian Improvements
Pedestrian improvements such as sidewalk bulb-outs will be provided by the Project on 3rd Street at
National City Boulevard and at A Avenue. Stops signs will be installed on 2nd Street and 3rd Street at
A Avenue. Also, High Visibility Crosswalks (HVC) will be provided by the Project at the National
City Boulevard / 2nd Street, A Avenue / 2nd Street, National City Boulevard / 3rd Street and A Avenue
/ 3rd Street intersections. The following benefits will occur due to these improvements:
The bulb-outs on 3rd Street at National City Boulevard will reduce the pedestrian crossing
distance from 48 feet to 16 feet, making it easier to cross.
The bulb-outs will also serve as a traffic calming measure and improve line-of-sight between
pedestrians waiting to enter the crosswalk and drivers.
The proposed HVC will improve driver awareness of designated school crosswalks.
With one-way traffic, pedestrians only have to watch for traffic in one direction. This will
provide an improved crossing for pedestrians in the vicinity of the school.
Upgrading the intersections of A Avenue/2nd Street and A Avenue/3rd Street to include All-
Way Stop Control will require traffic to Stop and look for students crossing the street on their
way to/from school.
11.2 Parking
The Project will not provide parking for the school onsite as permitted by Assembly Bill 2097, which
prohibits public agencies from imposing minimum off-street parking requirements for development
projects located within ½ mile of a major transit stop.
Parking will be available at the existing Integrity school at 701 National City Boulevard, located 4
blocks away. However, the availability of parking at the existing 701 National City Boulevard facility
is not guaranteed in perpetuity. Therefore, a parking occupancy study was conducted in the vicinity of
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the Project site to determine the availability of on-street parking in the vicinity of the proposed School
site.
11.2.1 Parking Supply / Demand Study
The Parking Study Area includes the following streets shown in Figure 11-2.
National City Boulevard between 2nd Street and 3rd Street (east curb only)
A Avenue between 2nd Street and 3rd Street
B Avenue between 2nd Street and 3rd Street
D Avenue between 2nd Street and 3rd Street
2nd Street between National City Boulevard and D Avenue
3rd Street between National City Boulevard and D Avenue
Accessible spaces are striped and clearly indicated in this study area. Accessible spaces are provided
on 2nd Street between National City Boulevard and B Avenue, and on 3rd Street between National City
Boulevard and A Avenue. A total of 4 accessible spaces are provided on these two streets. On A
Avenue between 2nd Street and 3rd Street and on 3rd Street between National City Boulevard and A
Avenue, there are marked diagonal parking spaces. The remaining parking spaces are for parallel
parking and are unmarked. An inventory of available parking spaces within the study area was
conducted. The available parking was found to be 230 spaces including 5 accessible spaces.
Table 11-1 summarizes the parking occupancy counts of the parking study area listed above. Parking
occupancy counts were conducted Tuesday, April 30th and Thursday, May 2nd, 2024, every 30 minutes
between 7:30 am and 4:00 pm. As seen in Table 11-1, the maximum occupied spaces is 168 and 169
on Tuesday, April 30th and May 2nd, respectively. Therefore, more than 60 curb spaces are available
for parking between 7:30 AM and 4:00 PM. Hence, adequate parking should be available for school
staff, visitors and local residents within ¼ mile of the school.
Appendix E includes the raw parking occupancy counts.
11.2.2 Recommendations to Increase Parking Supply
In order to increase the parking supply in the Project vicinity, there are opportunities to convert parallel
parking to diagonal parking. Figure 11-1 depicts the changes to the existing parking on the following
streets:
Modify the parallel parking on the east curb of B Avenue from parallel to diagonal. A net of 8
spaces will be gained.
Modify the parallel parking on the south curb of 3rd Street between National City Boulevard
and A Avenue from parallel to diagonal. Also eliminate all parking on the north curb of 3rd
Street between National City Boulevard and A Avenue. A net of 4 spaces will be lost due to
this change and the two-way traffic on this section of 3rd Street will be modified to one-way
westbound only.
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Modify the parallel parking on the north curb of 3rd Street between A Avenue to B Avenue
from parallel to diagonal. A net of 11 spaces will be gained.
11.2.3 Future Parking
While there will be some loss in parking due to the proposed Pick-Up and Drop-Off areas for
the school on A Avenue and 3rd Street, and converting the existing two-way traffic to one-way
westbound on 3rd Street between A Avenue and National City Boulevard, the proposed
parking plan will ultimately result in a net gain of 10 on-street parking spaces in the vicinity of the
school, as shown in Figure 11-1. Following is a summary of the loss and gain in parking on the
various streets:
Loss 1.Four (4) spaces on 3rd Street between National City Boulevard and A Avenue (due to the
proposed pick-up / drop-off areas)
2.Five (5) spaces on A Avenue between 2nd Street and 3rd Street (due to the proposed pick-up /
drop-off).
Gain
1.Eight (8) spaces on 3rd Street between A Avenue and B Avenue (converting parking on the
north side of the block from the existing parallel parking to diagonal parking)
2.Eleven (11) spaces on B Avenue between 2nd Street and 3rd Street (converting parking on
the east side of the block from the existing parallel parking to diagonal parking)
Other Opportunities to Increase Parking Supply
1.Potential gain of 8-10 spaces on 3rd Street between B Avenue and D Avenue alignment within
800 feet of the school (if parking on the north curb of this segment is converted from the
existing parallel parking to diagonal parking)
2.Potential gain of 8-10 spaces on B Avenue between 3rd Street and 4th Street within 800 feet of
the school (if parking on the east curb of this segment is converted from the existing parallel
parking to diagonal parking)
Net Gain
Based on the above, there will be a net gain of 10 parking spaces within 800 feet of the school. An
additional 10 spaces could be gained if parking on either 3rd Street east of B Avenue or B Avenue
south of 3rd Street is converted to diagonal parking and another 20 if both are converted.
Potential Parking in the Pick-Up / Drop-Off Areas
If parking is permitted within the pick-up and drop-off areas on A Avenue (4 spaces) and 3rd Street (8
spaces) between 5:00 pm and 7:00 AM the next day, when there are no pick-up or drop-off activities,
another 12 spaces can be gained.
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TABLE 11-1
ON-STREET PARKING OCCUPANCY
Date Available
On-Street
Parking
Supply
Time of Day Maximum
Unoccupied
Spaces 7:30 8:00 8:30 9:00 9:30 10:00 10:30 11:00 11:30 12:00 12:30 13:00 13:30 14:00 14:30 15:00 15:30 16:00
April 30, 2024 230 168 159 149 146 148 148 149 143 139 146 145 152 156 154 146 154 165 166 62
May 2, 2024 230 167 150 137 146 143 143 151 152 151 155 151 146 145 150 155 152 158 169 63
Page 106 of 267
SCALE: 1" = 50'
PROPOSED BULB-OUT
NOT FOR CONSTRUCTION
N
Integrity Charter School
Figure 11-1
Traffic Circulation and On-Street Parking
Concept Plan
E 3RD STNA
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12' PICK-UP / DROP-OFF LANE
16' ONE WAY TRAVEL LANE
20' 60-DEGREE ANGLED PARKING
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(REPLACING EXISTING PARALLEL PARKING)
PROPOSED BULB-OUT
PROPOSED CURB EXTENSION
PROPOSED BULB-OUT
16'
20' 60-DEGREE ANGLED PARKING(REPLACING EXISTING PARALLEL PARKING)
10' TRAVEL LANE
10' TRAVEL LANEEXISTING 8' PARALLEL PARKING
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)
EXISTING # SPACES REMOVED: 9 SPACES
PROPOSED # SPACES: 17 SPACES
NET SPACES GAINED: 8 SPACES
E 3RD ST (EAST OF A AVE)
EXISTING # SPACES REMOVED: 22 SPACES
PROPOSED # SPACES: 18 SPACES
NET SPACES REMOVED: 4 SPACES
E 3RD ST (WEST OF A AVE)
EXISTING # SPACES REMOVED: 10 SPACES
PROPOSED # SPACES: 21 SPACES
NET SPACES GAINED: 11 SPACES
EXISTING # SPACES REMOVED: 5 SPACES
PROPOSED # SPACES: 0 SPACES
NET SPACES REMOVED: 5 SPACES
B AVENUE
A AVENUE
Page 107 of 267
––
PROPOSED INTEGRITY
CHARTER SCHOOL
Parking Study Area
Figure 11-2
Integrity Charter School
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12.0 VEHICLE MILES TRAVELED (VMT) ASSESSMENT
12.1 VMT Background
Vehicle Miles Traveled (VMT) is defined as the “amount and distance of automobile travel attributable
to a project” per the California Environmental Quality Act (CEQA) Guidelines Section 15064.3. VMT
and VMT/capita or VMT/employee is a measure of the use and efficiency of the transportation
network as well land uses in a region. VMT is calculated based on individual vehicle trips generated
and their associated trip lengths. VMT is estimated for a typical weekday for the purposes of measuring
transportation impacts. For residential uses, the metric is resident VMT/resident.
12.2 Transportation Analyses
The potential transportation impacts of the proposed Project are based on VMT to satisfy the CEQA
guidelines through Senate Bill 743 (SB 743). Public Resources Code section 20199, enacted pursuant
to SB 743, identifies VMT as an appropriate metric for measuring transportation impacts along with
the elimination of auto delay/Level of service (LOS) for CEQA purposes statewide. The justification
for this paradigm shift is that auto delay/LOS impacts may lead to improvements that increase roadway
capacity and therefore sometimes induce more traffic and greenhouse gas emissions. In contrast,
constructing projects in VMT-efficient locations assists California in meeting greenhouse gas
emissions targets. Therefore, consistent with SB 743 and CEQA Guidelines 15064.3, the CEQA
significance determination for the Project is based only on VMT and not on LOS.
The City of National City utilizes the State of California Governor's Office of Planning and Research
(OPR) “Technical Advisory on Evaluating Transportation Impacts in CEQA” and The Institute of
Transportation Engineers (ITE) San Diego and Imperial County Sections "Guidelines for
Transportation Impact Studies in the San Diego Region" for assessing potential CEQA transportation
impacts due to VMT. According to these guidelines development projects that are either local serving
or located within ½ mile of an existing major transit stop are presumed to have a less-than-significant
impact on VMT, and therefore, "screen out" from needing to perform a VMT assessment.
There are two bus stops (one northbound and one southbound) on National City Boulevard between
2nd Street and 3rd Street, which are located on the same block as the Project. Since the proposed Charter
School is a local serving public facility that is located within ½ mile of an existing major transit stop
(providing service intervals of 15 minutes or less during peak commute periods), the project is
presumed to have a less-than-significant impact on VMT.
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13.0 ACTIVE TRANSPORTATION REVIEW
13.1 Pedestrians
A pedestrian network inventory was conducted along study area street segments, which included
documenting missing sidewalks, pedestrian barriers, and pedestrian pathways within a half mile
walking distance of the Project. There are no missing sidewalks within the Project study area.
Table 13-1 summarizes the existing pedestrian facilities on each of the Project’s fronting street
segments. Table 13-2 summarizes the existing traffic control, curb ramps and pedestrian countdown
signal heads at the Project study intersections.
TABLE 13-1
PEDESTRIAN CONDITIONS – ROADWAY SEGMENTS
Roadway Limits Existing Pedestrian Facilities
2nd Street National City Blvd to
A Ave
Approximately 4-5 ft wide sidewalks are provided on both sides of the
road.
3rd Street National City Blvd to
A Ave
Approximately 4-5 ft wide sidewalks are provided on both sides of the
road.
8th Street I-5 to Highland
Avenue
Approximately 7-8 ft wide sidewalks are provided on both sides of the
road.
A Street 2nd Street to 3rd Street Approximately 4-5 ft wide sidewalks are provided on both sides of the
road.
Division Street Osborn Street to D
Avenue
Approximately 4-5 ft wide sidewalks are provided on the north side of
the roadway from Osborne Street / National City Boulevard to D
Avenue and approximately 6-7 ft wide sidewalks are provided on the
south side of the roadway.
National City
Boulevard
Division Street to 8th
Street
Sidewalks are provided on both sides of the roadway. Sidewalk widths
vary intermittently between 4 feet and 12 feet.
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TABLE 13-2
PEDESTRIAN CONDITIONS – INTERSECTIONS
Intersection Traffic
Control
Crosswalk
Type
Curb Ramps Countdown
Ped Heads
provided? Single / Dual Truncated
Domes
1. Osborn St / Division St AWSC a Standard Single Yes N/A
2. National City Blvd / 2nd Street TWSC b Standard Single Yes N/A
3. National City Blvd / 3rd Street TWSC b Standard Single Yes N/A
4. National City Blvd / 8th Street Signal Standard Single Yes Yes
5. 2nd Street / A Avenue OWSC c Standard Duald No N/A
6. 3rd Street / A Avenue OWSC c Standard Single No N/A
Footnotes:
a. All-Way Stop Controlled
b. Two-Way-Stop-Controlled
c. One-Way-Stop-Controlled
d. Dual ramps on southeast corner
General Note:
N/A – Not Applicable
13.2 Bicycles
13.2.1 Bicycle Facility Classifications
There are four different existing and planned bicycle facility classifications in the City of National
City – Class I, Class II, Class III and Class IV are based on the California Bikeway Classifications and
are shown in Table 13–3.
Class I-Bike Path: Paved rights-of-way separated from the street.
Class II-Bike Lane: On street facilities designed for bikes with striping and stencils.
Class III Bike Routes: Streets shared with motor vehicles that are designated for bicycle travel
with signage.
Class IV Cycle Track: Exclusive bikeway with physical separation from motor vehicle travel
lanes, parking lanes and sidewalks.
13.2.2 Existing Bicycle Facilities
A bicycle network inventory was conducted along street segments within the Project study area. Table
13-4 summarizes the existing and Project proposed bicycle facilities in the Project vicinity.
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TABLE 13-3
CALIFORNIA BIKEWAY CLASSIFICATIONS
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TABLE 13-4
EXISTING AND PLANNED BICYCLE FACILITIES
Roadway Existing Planned
2nd Street None None
3rd Street None None
8th Street Class II bike lanes are provided between
Harbor Drive and National City
Boulevard.
Proposed Class IV cycle track between
Harbor Drive and Roosevelt Avenue.
Proposed Class III bike route east of
National City Boulevard
A Street None None
Division Street None None
National City Blvd None None
Source: National City Bicycle Master Plan, February 2024.
13.3 Transit
13.3.1 Existing Bus Facilities
The 8th Street trolley and bus station is located less than a 15-minute walk from the Project site. At the
station, the bus routes provided are 929, 932, 955, 962, 963 and 968. Of these, only route 929 runs in
the vicinity of the Project site. Brief descriptions of the routes are provided below:
Route 929
Route 929 runs between downtown San Diego and Iris Avenue Transit Center. This route runs along
Broadway, 30th Street, Del Sol Boulevard, Picador Boulevard, Beyer Way, 3rd Avenue, 4th Avenue,
Highland Avenue, 8th Street, National City Boulevard, Main Street and 12th and Imperial Transit
Center. A total of sixty-eight (68) stops are provided along this route. Weekday service begins at 4:37
AM with 30-minute headway between 4:37 AM and 5:33 AM, and 15-minute until 6:37 PM and ends
at 2:46 AM. Saturday service begins at 5:03 AM with 30-minute headways from 5:03 AM to 9:04
AM, and with 20-minute headway until 5:03 PM and with 30-minute headways until 2:46 AM. Sunday
service begins at 4:37 AM with 30-minute headways between 4:37 AM and 5:33 AM, 15-minute
headways between 5:33 AM and 7:01 PM, and 30-minute headways until 2:46 AM. Two bus stops
for this route are located within one block of the Project site.
13.3.2 Existing Trolley Facilities
Transit service within the City of National City is provided by the San Diego Metropolitan Transit
System (MTS). Light Rail (Trolley) routes in the vicinity of the Project site include the MTS Blue
Line. A summary of the trolley line is provided on the next page:
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Blue Line:
The closest Blue Line trolley stop to the Project site is located at the 8th Street Transit Station,
approximately 0.7 miles walking distance from the site. The Blue Line provides service Monday to
Friday from 4:23AM to 1:34 AM with 15-minute headways. Services are provided on Saturday and
Sunday from 4:25 AM to 1:34 AM with 15-minute headways.
Route Schedules and Maps for the bus services are included in Appendix F.
13.3.3 Planned Transit Facilities
The San Diego Association of Governments (SANDAG) 2050 Regional Transportation Plan (RTP)
includes the following planned transit improvement within National City:
A north-south Trolley corridor would be developed along the I-805 corridor that would connect
University City, Kearny Mesa, Mission Valley, Mid-City, southeastern San Diego, National
City, Chula Vista, and San Ysidro.
Page 114 of 267
5
Walking Distance to Transit Stops
Figure 13-1
Integrity Charter School
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Project Site
6
0
0
’
2
7
5
’
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14.0 CONCLUSIONS
The Project proposes to construct a charter school for 440 students at 241 National City Boulevard in
the northeast corner of the National City Boulevard / 3rd Street intersection in National City.
14.1 CEQA Transportation Analysis of Vehicle Miles Traveled (VMT)
According to CEQA guidelines for assessing potential transportation impacts, since the Project is a
local serving public facility that is located within ½ mile of an existing major transit stop, the Project
is presumed to have a less-than-significant impact on VMT.
14.2 Local Transportation Analysis
Per the City’s criteria for performing a local transportation analysis and the analysis methodology
presented in this report, project related traffic is calculated to contribute to a substantial effect within
the study area in the Opening Day with Project scenario at the Osborn Street / Division Street
intersection.
The following intersection improvement, once implemented, would improve efficiency of traffic flow
and return intersection operations to an acceptable level of service.
Remove the All-Way Stop Control and install a full traffic signal at the intersection of
Osborn Street / Division Street. The City of San Diego has identified this project as being
fully funded in their Capital Improvement Program, with a completion date of 2026.
Therefore, a fair share contribution is not required. See Appendix G for details.
14.3 Pick-Up and Drop-Off and Parking
The Project will provide two pick-up and drop-off locations, one on A Avenue and the other on 3rd
Street. A parking occupancy study indicated that there are currently more than 60 spaces available on
the surrounding streets within 800 feet of the school between 7:30 AM and 4:00 PM when school is
in session.
14.4 Summary
It is recommended that the Project provide the following improvements:
Provide a trash pick-up space, an ADA space and a commercial parking space for delivery
vehicles along the Project frontage on National City Boulevard (Figure 2-4)
Provide a dedicated pick-up and drop-off area along the Project frontage on A Avenue to
accommodate 4 vehicles
Provide a dedicated pick-up and drop-off area along the Project frontage on 3rd Street to
accommodate 8 vehicles
Restripe existing parallel parking on the south side of 3rd Street between A Avenue and
National City Boulevard to 60-degree angled parking to provide 18 parking spaces
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•Restripe existing parallel parking on the east side of B Avenue between 2nd Street and 3rd
Street to 60-degree angled parking with a net gain of 11 spaces
•Restripe existing parallel parking on the north side of 3rd Street between A Avenue and B
Avenue to 60-degree angled parking with a net gain of 8 spaces
•Potential gain of 8-10 spaces on 3rd Street between B Avenue and D Avenue within 800
feet of the school (if parking on the north curb of this segment is converted from the
existing parallel parking to angled parking)
•Potential gain of 8-10 spaces on B Avenue between 3rd Street and 4th Street within 800
feet of the school (if parking on the east curb of this segment is converted from the
existing parallel parking to angled parking)
•Circulation Improvement: Convert 3rd Street from two-way travel to one-way westbound
only travel between A Avenue and National City Boulevard (Figure 11-1)
•Pedestrian Improvements:
a.As shown on Figure 11-1, Bulb-outs will be provided on 3rd Street at National City
Boulevard, thus reducing the crossing distance from 48 feet to 16 feet, and at the
northwest corner of A Avenue and 3rd Street.
b.As shown on Figure 11-1, High Visibility Crosswalks (HVC) will be provided by the
Project at the National City Boulevard / 2nd Street, A Avenue / 2nd Street, National
City Boulevard / 3rd Street and A Avenue / 3rd Street intersections. This will provide
an improved crossing for pedestrians in the vicinity of the school.
c.As shown on Figure 11-1, the intersections of A Avenue/2nd Street and A Avenue/3rd
Street will be upgraded from minor street Stop Control to All-Way Stop Control for
pedestrian safety.
Page 117 of 267
NOTICE OF PUBLIC HEARING
DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 32 OF THE CEQA
GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS) AND
CONDITIONAL USE PERMIT FOR A PROPOSED EDUCATIONAL INSTITUTION (INTEGRITY
CHARTER SCHOOL) LOCATED AT 229-241 NATIONAL CITY BOULEVARD
CASE FILE NO.: 2023-14 CUP
APNS: 556-101-02, 556-101-15, 556-101-16
The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m.
Monday, September 16, 2024, in the City Council Chambers, Civic Center, 1243 National
City Boulevard, National City, California, on the proposed request. (Applicant: Joseph
Martinez)
The applicant is proposing to redevelop a property at the corner of National City Boulevard
and East 3rd Street with a new charter school campus. The site is comprised of three lots with
one commercial building that is proposed to be repurposed and additional commercial
buildings that will be replaced by new educational buildings. The overall campus will be
comprised of a 31,500 square-foot school with 19-21 classrooms and approximately 6,400
square feet of outdoor play areas. The applicant is also requesting restricted parking areas
on National City Boulevard, East 3rd Street, and ‘A’ Avenue with pick-up and drop-off to be
located along ‘A’ Avenue and East 3rd Street. Planning Commission will also consider the
staff determination that the project is categorically exempt from the California Environmental
Quality Act (CEQA) pursuant to Class 32, Section 15332 (In-fill Development Projects).
Information is 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 2:00 p.m., September 16, 2024 by submitting it to
PlcPubComment@nationalcityca.gov. Planning staff can be contacted at 619-336-4310 or
planning@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.
ATTACHMENT 6
Page 118 of 267
ATTACHMENT 7
COMMUNITY DEVELOPMENT DEPARTMENT – PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
NOTICE OF EXEMPTION
TO: Assessor/Recorder/County Clerk
Attn: Fish and Wildlife Notices
1600 Pacific Highway, Suite 260
San Diego, CA 92101
MS: A-33
Project Title: 2023-14 CUP
Project Location: 229-241 National City Blvd., National City, CA 91950
Lead Agency: City of National City
Contact Person: Martin Reeder, AICP Telephone Number: (619) 336-4313
Description of Nature, Purpose and Beneficiaries of Project:
Conditional Use Permit for a new charter school to be located at 229-241 National City Blvd.
Applicant: Telephone Number:
Martinez+Cutri Urban Studio Corporation (619) 233-4857 x205
1230 Columbia Street, suite 500
San Diego, CA 92101
Exempt Status:
Categorical Exemption - Class 32 Section 15332 – In-Fill Development Projects
Reasons why project is exempt:
The project is an in-fill development on a previously disturbed and currently developed property.
The project is consistent with General Pan policies and Municipal Code regulations. The project
site has no value as habitat for endangered, rare, or threatened species, would not result in any
significant effects relating to traffic, noise, air quality, or water quality, and can be adequately served
by all required utilities and public services.
Date:
MARTIN REEDER, AICP
Assistant Director of Community Development
Page 119 of 267
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1
Public Hearing
CONDITIONAL USE PERMIT FOR A
PROPOSED EDUCATIONAL INSTITUTION
(INTEGRITY CHARTER SCHOOL)
LOCATED AT 229-241 NATIONAL CITY
BLVD.
2023-14 CUP
Overhead
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2
Site Characteristics
37,650 ft² property
3 lots developed with one partitioned commercial building
Development Zone 2 (Downtown Specific Plan)
Site slopes 14 ft. east to west
Building most recently occupied by furniture store, thrift store, and commercial storage
Pole sign on site with a wireless communications facility
Proposal
ICS currently located at National City Blvd. and East 8th St.
Grades 3 through 8 - 250 students
Grades K through 2 accommodated by YMCA at D Avenue and East 15th St. – 120 students
ICS looking to expand academic program with a new charter school
19-21 classrooms
Multi-purpose hall
Administrative and related areas
Academic support services
Maximum expected student population of 400-440 students
60 and 65 staff
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3
Proposal (cont.)
Existing 229 National City Blvd. building to be remodeled as multi-purpose building
Remaining buildings to be demolished
School hours of Monday through Friday from 8 a.m. to 3 p.m.
Occasional events during school year (family nights, back to school night)
Parking will be entirely off site
Existing school (staff)
Applicant requesting restricted parking areas on National City Boulevard, East 3rd Street, and ‘A’
Avenue.
Pick-up and drop-off areas located along ‘A’ Ave. and East 3rd St.
Existing wireless facility relocated to new buildings (future CUP)
Site Plan
Page 122 of 267
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4
Floor
Plan
Floor
Plan
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5
Floor
Plan
Analysis
Educational facilities a conditionally allowed in Downtown Specific Plan
Issues typically analyzed include traffic, access, and noise
Other examples of educational facilities in Downtown
South County Regional Education Center (Southwestern College Higher Education Center, et al)
Current Integrity Charter School Campus
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Analysis (cont.)
Site Design/Architecture
2 new buildings:
“L” shaped building along ‘A’ Ave. and E. 3rd St.
Rectangular building along National City Blvd.
Multi-purpose building (229 National City Blvd.)
2-3 stories with elevated breezeway (bridge) between new buildings
Proposed buildings will surround a central courtyard with 2 play areas and amphitheater
Upper (east) – 2,500 ft²
Lower (west) – 3,900 ft²
Design aesthetic offers vibrant palette of colors and shapes of features
Each section of building has a different color with varying window shapes
Rendering
Page 125 of 267
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Analysis (cont.)
Circulation/Parking
A Traffic Impact Analysis was conducted
Analyzed VMT (Vehicle Miles Traveled), parking, pick-up and drop-off, and pedestrian improvements
Analysis concluded that no project impacts would occur as designed*
CEQA guidelines for “local serving public facility” within a ½ mile of major transit stop presumed to have a
less-than-significant impact on VMT
Traffic
Traffic calculated to contribute to a substantial effect at Osborn Street / Division Street intersection*
Currently an all-way stop
Replacing all-way stop with a traffic signal would return intersection operations to acceptable level of service
City of San Diego has identified this project as funded (completion date of 2026)
Analysis (cont.)
Student Pick-Up and Drop-Off
2 pick-up and drop-off areas proposed:
‘A’ Avenue
9 ft. wide and 100 ft. long –4 vehicles
East 3rd Street
12 ft. wide and 200 ft. long –8 vehicles
Student drop-off hours between 7 a.m. and 9 a.m.
Student pick-up will be between 2 p.m. and 4 p.m.
Pick-up and drop-off area can be used for parking outside of pick-up / drop-off hours
Restricted parking on National City Blvd. (2-hour) and E. 3rd St. (1-hour)
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Pick-up &
Drop-off
Analysis (cont.)
Parking
No parking required per AB 2097
Downtown Specific Plan requires 2.5 parking spaces per 1,000 ft² of floor area (79)
School use where most people not of driving age
60 and 65 full and part-time employees - 27 parking spaces available at former ICS location
Parking supply
Project will provide for trash pick-up, ADA, delivery vehicle spaces along National City Blvd.
These spaces are required as conditions of approval.
250 street parking spaces available within 4 blocks of school, 60 within 800 feet of proposed school
Net gain of 30 parking spaces with angled parking conversions (condition of approval)
12 spaces can be gained using pick-up/drop/off area after hours
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9
Analysis (cont.)
Pedestrian improvements
TIA conclusions based on the following recommended pedestrian improvements:
Sidewalk bulb-outs on E. 3rd St. at National City Blvd. and at ‘A’ Avenue
Stop signs on E. 2nd St. and E. 3rd St. at ‘A’ Ave.
High Visibility Crosswalks at the following intersections:
National City Blvd. and E. 2nd St.
National City Blvd. and E. 3rd St.
‘A’ Ave. and E. 3rd St.
E. 3rd St. in this location will be converted to one-way
Westbound from ‘A’ Ave. to National City Blvd.
Pedestrian
Improvements
Page 128 of 267
9/17/2024
10
Analysis (cont.)
General Plan
LU-2.10 encourages development and expansion of … schools … as needed to
meet future city needs.
CEQA
Categorically Exempt under Class 32, Section 15332 of CEQA (In-Fill
Development Projects)
Comments:
Engineering Department
Code / Construction requirements
Fire Department
Code / Construction requirements
Police Department
Parking, traffic, lighting/security
“Eye’s on the Street”
Lighting plan
Security plan
Page 129 of 267
9/17/2024
11
Conditions
Standard Conditions of Approval
Wireless facility relocation/temporary operation
Temporary events
All recommendations of Traffic Impact Analysis
(street conversion, parking conversion, pedestrian improvements, etc.)
Noise reduction
Summary
Allow for redevelopment of underutilized and vacant property
Removal of pole sign that is currently an eyesore for the community
Charter school is a conditionally allowed use in Downtown Specific Plan
Resource for the local community
With recommended operation improvement measures, proposed school will
operate effectively and with minimal impact on the surrounding area
Consistent with General Plan
Page 130 of 267
9/17/2024
12
Options
• Find project exempt from CEQA & approve 2023-14 CUP based on findings listed in the
draft resolution / findings determined by the Commission; or
• Find project not exempt from CEQA and/or deny 2023-14 CUP based on findings listed in
the draft resolution / findings determined by the Commission; or
• Continue the item for additional information
• Staff recommending approval
• Notice of Decision to City Council
Page 131 of 267
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil
Meeting Date: Tuesday, October 1, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Project Close-Out and Notice of Completion for the Civic Center ADA Accessibility Project, CIP
No. 19-45.
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California,
1) Accepting the Work Performed by Blue Pacific Engineering and Construction for the Civic
Center ADA Accessibility Project, CIP No. 19-45; 2) Ratifying Change Order Work in the Amount
of $2,145.10; 3) Approving the Final Contract Amount of $214,419.00; 4) Ratifying the Release
of Retention in the Amount of $10,720.95; and 5) Authorizing the Mayor to Sign the Notice of
Completion.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The Civic Center ADA Accessibility Project, CIP No. 19-45, constructed Americans with
Disabilities Act (ADA) upgrades to the Civic Center building and parking lot located at 1243
National City Boulevard, including the construction of ADA parking stalls; ADA path of travel to
the main entrance on the first floor of the building from the parking lot; ADA path of travel to the
side door located on the south side of the building; and ADA path of travel to the northern entrance
of the building.
On April 30, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding
system for contractors. On May 5, 2020 and May 11, 2020, the bid solicitation was advertised in
local newspapers.
On May 21, 2020, eight (8) bids were received by the 11:00 a.m. deadline. APR Construction,
Inc. (APR) was the apparent lowest bidder, with a total bid amount of $177,256.00. Upon further
review, it was discovered that APR violated the City’s contract provisions by providing false
information, consistent with Section 6.4.1 of the Specifications. As a result, the City Council
approved staff recommendations at two City Council meetings held on February 16, 2021, and
March 16, 2021, recommending the adoption of the resolutions finding APR in default of the
contract for materially violating the contract provisions by providing false information (Resolutions
No. 2021-10 and 2021-17). On March 18, 2021, a written Notice of Termination for Default was
issued to terminate the contractor’s right to perform under the contract.
Staff then contacted Blue Pacific Engineering and Construction (Blue Pacific), the second lowest
responsive bidder qualified to perform the work. Blue Pacific confirmed their interest in the project
and agreed to complete the work for their original bid amount of $184,586.00.
Page 132 of 267
On June 15, 2021, City Council awarded the contract to Blue Pacific in the amount not to exceed
$184,586.00 and authorized a 15% contingency in the amount of $27,687.90 to address any
unforeseen conditions that may arise (Resolution No. 2021-83).
The Notice to Proceed with construction was issued on October 12, 2021. Construction started
on October 18, 2021 and was completed on March 29, 2022. Disputes over workmanship and
receipt of required project close-out documents delayed project close-out and final acceptance of
the work. These items have since been resolved.
The change orders issued for this project are detailed in the Final Contract Balance Report (see
attached). The change orders and line-item adjustments increased the contract by $29,833.00,
which exceeds the original authorized contingency amount by $2,145.10. This results in a 16.2%
contract increase for a final contract balance of $214,419.00.
As a result of satisfactory completion of the project, staff recommends that City Council, 1) accept
the work performed by Blue Pacific Engineering and Construction for the Civic Center ADA
Accessibility project, CIP 19-45; 2) ratify change order work in the amount of $2,145.10; 3)
approve the final contract balance of $214,419.00; 4) ratify the release of retention in the amount
of $10,720.95; and 5) authorize the Mayor to sign the notice of completion, which will be filed with
the San Diego County Recorder’s Office.”
FINANCIAL STATEMENT:
The final contract amount of $214,419.00 was funded by the following General Fund CIP
accounts: 001-409-500-598-1500 (Facility Upgrades) - $174,387.86; and 001-409-500-598-6574
(Civic Center ADA Improvements) - $40,031.14.
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 – Photos
Exhibit B – Final Contract Balance
Exhibit C – Notice of Completion
Exhibit D – Resolution
Page 133 of 267
Page 134 of 267
Page 135 of 267
FINAL CONTRACT BALANCE
DATE: July 11, 2024
PROJECT: Civic Center ADA Accessibility Project
FY 21-22
CIP No. 19-45
TO: Blue Pacific Engineering & Construction
3545 Camino del Rio S. Suite A
San Diego, CA 92108
ORIGINAL CONTRACT AMOUNT: $ 184,586.00
START DATE: October 18, 2021
COMPLETION DATE: March 29, 2022
ORIGINAL CONTRACT LENGTH: 25 Working Days
EXTENTION OF WORK DAYS: 3 Working Days
WORKING DAYS SUSPENDED: 82 Working Days
TOTAL CONTRACT TIME: 110 Working Days
FINAL CONTRACT TIME: $ 214,419.00
DESCRIPTION:
The Final Contract Balance reports final line-item amounts and summarizes all change orders to produce
a final contract amount.
CHANGE ORDERS AND LINE-ITEM ADJUSTMENTS:
Change Order #1 directed the he contractor to galvanize coat the steel ramp at the south entrance of
City Hall. This Change Order total amount was $ 450.00
Change Order #2 back charged Blue Pacific for reinspection charges per Section 2-11 of the project
specifications. This Change Order total amount was $ -4,665.00
All Change Orders listed above decreased the total contract amount by $ -4,215.00.
Page 136 of 267
FINAL CONTRACT BALANCE
Civic Center ADA Accessibility Project
CIP 19-45
AS-MEASURED BID ITEM ADJUSTMENTS:
The following bid items and change order items paid by a unit cost were installed and measured in
accordance with the plans and direction of the City. As a result, the following items were adjusted above
or below the estimated contract quantities as indicated in the chart below:
Line item adjustments per the attached FINAL BILLING STATEMENT resulted in an increase of
$34,048.00.
CONTRACT SUMMARY:
As a result of the above change orders and line-item adjustments, the contract price is adjusted as
follows:
1. The contract price with change order and line items is adjusted to $214,419.00.
2. A retention in the amount of $ 10,720.95 was held until satisfactory completion of said project.
AGEEMENT OF CLAIMS AND DELAYS
This document and its purpose to balance payment shall be considered full compensation for furnishing
and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for
performing the work described above. Blue Pacific Engineering & Construction will not be entitled to
damages or additional payment for delays as described in the 2021 edition of the Standard
Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above.
Page 137 of 267
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
NAME: CITY OF NATIONAL CITY
ADDRESS: 1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CA 91950
NOTICE OF COMPLETION
CALIFORNIA CIVIL CODE SECTION 3093
NOTICE IS HEREBY GIVEN of the completion on March 29, 2022 of the:
Civic Center ADA Accessibility Project, CIP No.19-45
Work of improvement or portion of work of improvement under construction or alteration.
1243 National City Blvd., National City CA 91950
Street Address City State Zip Code
The undersigned owns the following interest or estate in said property:
Owner in fee
Nature of the interest or estate of owner (mortgagor, lessee, etc.)
Said work of improvement was performed on the property pursuant to a contract with
Blue Pacific Engineering and Construction
Name of Original Contractor
The following work and material were supplied:
Labor provided: General Laborer, Equipment and Materials to construct ADA upgrades to the City
of National City Civic Center parking lot including the construction of ADA parking stalls; ADA
path of travel to the main entrance on the first floor of the building from the parking lot; ADA path
of travel to the side door located on the south side of the building and ADA path of travel to the
northern entrance of the building.
General statement of kind of labor, services, equipment or materials
The names and addresses of co-owners are: N/A
Joint tenants, tenants in common, or other owners
Dated: October 1, 2024; ______________________________________________
Signature of Owner
City of National City, 1243 National City Blvd., National City, CA 91950
I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents
thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing
is true and correct.
Executed on October 1, 2024 at, National City, California.
Signature: __________________________________
RON MORRISON, MAYOR
Page 138 of 267
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1)
ACCEPTING THE WORK PERFORMED BY BLUE PACIFIC ENGINEERING AND
CONSTRUCTION FOR THE CIVIC CENTER ADA ACCESSIBILITY PROJECT, CIP NO. 19-45;
2) RATIFYING CHANGE ORDER WORK IN THE AMOUNT OF $2,145.10; 3) APPROVING THE
FINAL CONTRACT AMOUNT OF $214,419.00; 4) RATIFYING THE RELEASE OF RETENTION
IN THE AMOUNT OF $10,720.95; AND 5) AUTHORIZING THE MAYOR TO SIGN THE NOTICE
OF COMPLETION.
WHEREAS, the Civic Center ADA Accessibility Project, CIP No. 19-45, constructed
Americans with Disabilities Act (“ADA”) upgrades to the Civic Center building and parking lot
located at 1243 National City Boulevard, including the construction of ADA parking stalls; ADA
path of travel to the main entrance on the first floor of the building from the parking lot; ADA path
of travel to the side door located on the south side of the building; and ADA path of travel to the
northern entrance of the building (the “Project”); and
WHEREAS, on June 15, 2021, City Council awarded the contract for the Project to Blue
Pacific Engineering and Construction (“Blue Pacific”) in the amount not to exceed $184,586.00
and authorized a 15% contingency in the amount of $27,687.90 to address any unforeseen
conditions that may arise; and
WHEREAS, on October 12, 2021, the Notice to Proceed with construction was issued to
Blue Pacific; and
WHEREAS, construction on the Project started on October 18, 2021 and was completed
on March 29, 2022; and
WHEREAS, disputes over workmanship and receipt of required Project close-out
documents, which have since been resolved, delayed Project close-out and final acceptance of
the work; and
WHEREAS, the total amount of change order work completed for the Project exceeds the
original authorized 15% contingency amount by $2,145.10; and
WHEREAS, Project change orders and line-item adjustments increased the contract by
$29,833.00, which results in a 16.2% increase to the original contract award, for a final contract
balance of $214,419.00; and
WHEREAS, the Notice of Completion will be filed with the San Diego County Recorder’s
Office.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby accepts the work performed by Blue Pacific
Engineering and Construction for the Civic Center ADA Accessibility project, CIP No. 19-45.
Section 2: That the City Council hereby ratifies change order work in the amount of
$2,145.10.
Page 139 of 267
Section 3: That the City Council hereby approves the final contract balance of
$214,419.00.
Section 4: That the City Council hereby ratifies the release of retention in the amount
of $10,720.95.
Section 5: That the City Council hereby authorizes the Mayor to sign the Notice of
Completion.
Section 6: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 1st day of October, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
Page 140 of 267
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Ricardo Rodriguez, Assistant Engineer - Civil
Meeting Date: Tuesday, October 1, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Project Close-Out and Notice of Completion for the Kimball Park Dog Park and Tot Lot and Las
Palmas Park Dog Park Project, CIP 23-06.
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California,
1) Accepting the Work Performed by HSCC Inc. for the Kimball Park Dog Park and Tot Lot + Las
Palmas Park Dog Park Project, CIP No. 23-06; 2) Approving the Final Contract Amount of
$1,036,359.28; 3) Ratifying the Release of Retention in the Amount of $51,817.96; and 4)
Authorizing the Mayor to Sign the Notice of Completion.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The Kimball Park Dog Park and Tot Lot + Las Palmas Park Dog Park project, CIP 23-06,
constructed new amenities and improvements at both Kimball and Las Palmas parks. At Kimball
Park construction included a dog park with dog agility equipment, chain link fence and gate, trash
receptacles, pet waste station, wood bench, concrete pathway, removal and replacement of
drinking fountain, removal and replacement of children’s play equipment and drainage system for
Tot Lot, batting cage, installation of baseball field infield mix, and baseball field storage container.
At Las Palmas Park improvements included a dog park with dog agility equipment, chain link
fence and gate, trash receptacles, pet waste station, wood bench, full square and circle metal
benches, solar lighting, removal and replacement of drinking fountain, handrail, and removal and
replacement of small section of sidewalk.
On February 10, 2023 the bid solicitation was posted on PlanetBids, a free public electronic
bidding system for contractors. On March 2, 2023, five (5) bids were received by the 2:00 pm
deadline and HSCC, Inc. was the apparent lowest bidder with a total bid amount of $983,697.
Upon review of all documents submitted, HSCC, Inc.’s bid was deemed responsive and they were
the lowest responsible bidder qualified to perform the work as described in the project
specifications.
On May 16, 2023, per Resolution No. 2023-51 (see attached), the City Council awarded the
contract to HSCC, Inc. in the not-to-exceed amount of $983,696.97 and authorized a 15%
contingency in the amount of $147,554.55 to address any unforeseen changes.
The Notice to Proceed with construction was issued on July 10, 2023. Construction started on
July 17, 2023 and was completed on April 10, 2024.
Page 141 of 267
The change orders issued for this project are detailed in the Final Contract Balance report (see
attached). The change orders and line-item adjustments increased the contract by $52,662.31,
which is under the original authorized contingency amount by $94,892.24. This results in a 5.35%
contract increase for a final contract balance of $1,036,359.28.
As a result of satisfactory completion of the project, staff recommends that City Council, 1) accept
the work performed by HSCC, Inc. for the Kimball Park Dog Park and Tot Lot + Las Palmas Park
Dog Park project, CIP 23-06; 2) approve the final contract amount of $1,036,359.28; 3) ratify the
release of retention in the amount of $51,817.96; and 4) authorize the Mayor to sign the notice of
completion, which will be filed with the San Diego County Recorder’s Office.
FINANCIAL STATEMENT:
The total authorized amount for this project, including contingency, was $1,131,251.52. The final
contract amount was $1,036,359.28, which is below the authorized amount by $94,892.24. The
funding sources included ARPA monies in the amount of $338,643, a Proposition 68 grant of
$216,033 and Park Development Impact Fees of $481,683.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Parks, Recreation and Library
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 - Contract Award Resolution
Exhibit B - Final Contract Balance
Exhibit C - Notice of Completion
Exhibit D - Contract Completion Resolution
Page 142 of 267
Page 143 of 267
Page 144 of 267
Page 145 of 267
FINAL CONTRACT BALANCE
DATE: August 28, 2024
PROJECT: KIMBALL PARK DOG PARK AND TOT LOT + LAS PALMAS PARK DOG PARK
CIP No. 23-06
TO: HSCC, INC.
12101 LAKESIDE AVE
LAKESIDE, CA 92040
ORIGINAL CONTRACT AMOUNT: $983,696.97
START DATE: July 17, 2024
COMPLETION DATE: April 10, 2024
ORIGINAL CONTRACT LENGTH: 120 Working Days
EXTENSION OF WORK DAYS: 47 Working Days
TOTAL CONTRACT TIME: 167 Working Days
FINAL CONTRACT AMOUNT: $1,036,359.28
DESCRIPTION:
The Final Contract Balance reports final line item amounts and summarizes all change orders to produce
a final contract amount.
CHANGE ORDERS AND LINE ITEM ADJUSTMENTS:
Change Order #1 installed approximately 1,052 SF of additional ‘Padre Red’ infield mix within the home
plate and backstop area to level the baseball field at Kimball Park. The Change Order total amount was
$7,309.39.
Change Order #2 installed approximately 80 LF of 3” SDR-35 storm drain and a 12”x12” catch basin within
the Kimball Park Dog Park to improve upon drainage as per the revised landscaping plan provided on
August 16, 2023. The Change Order total amount was $9,019.34.
Change Order #3 installed a 9’ x 4’ concrete ADA companion seating pad adjacent to park seating within
the Kimball Park Dog Park as per the revised improvement plans provided by NLA on August 16, 2023. The
Change Order total amount was $1,217.10.
Change Order #4 removed and replaced existing damaged concrete north of the Kimball Park Dog Park.
During construction the Contractor was directed by the City to remove and replace approximately 1100
SF of damaged concrete to mitigate tripping hazards. The Change Order total amount was $8,125.84.
Change Order #5 removed and replaced the existing drinking fountain at Kimball Park with an ADA and
pet friendly drinking fountain. Due to utility conflicts and leaks with the existing drinking fountain, the
Page 146 of 267
FINAL CONTRACT BALANCE
KIMBALL PARK DOG PARK AND TOT LOT + LAS PALMAS PARK DOG PARK
CIP No. 23-06
Contractor was directed to remove and replace the existing drinking fountain instead of installing the
drinking fountain as per the revised landscaping plans provided on August 16, 2023. The Change Order
total amount was $12,596.34.
Change Order #6 provided trench repairs associated with the extra work performed on Change Order #2.
During the installation of the additional storm drain improvements, the Contractor discovered unforeseen
concrete approximately 3” beneath the subgrade. This change order provided for the Contractor to
backfill and retrench along an approved revised storm drain layout. The Change Order total amount was
$4,414.51.
Change Order #7 provided and installed additional 12’ height chain link fence fabric within the Kimball
Park Batting Cage. The Contractor installed 70 LF of 12’ height fencing in order to cover the fence posts
within the batting cage. The Change Order total amount was $6,615.00.
Change Order #8 provided and installed a 6’ wood bench and 4’x3’ concrete ADA companion seating pad
at Las Palmas Park. The bench and companion seating were installed as per the revised plan sheets
provided by NLA on November 17, 2023. The Change Order total amount was $6,162.58.
Change Order #9 provided and installed 65 LF of 6” curb and handrail and 70 LF of mow curb at Las Palmas
Park. As per the Las Palmas Plan revision provided on October 4, 2023, to maintain ADA compliance the
Contractor installed the additional 6” curb and handrail to the west of the Las Palmas Dog Park. The
Contractor also installed mow curb along the Las Palmas Park Dog Park entrance to facilitate the grading
transition within the ADA park entrance. The Change Order total amount was $10,110.39.
Change Order #10 removed and replaced a damaged utility box and installed a 6” storm drain riser to
existing inlet within the Kimball Park Dog Park. The Contractor removed and replaced a damaged plastic
irrigation utility box with a concrete box and added a 6” storm drain riser to the existing inlet to bring the
inlet to grade within the DG improvements. The Change Order total amount was $1,806.03.
Change Order #11 deleted unused bid line items. As per the revised landscaping improvements provided
on August 16, 2023 and November 17, 2023, line items for installation of a gravel trench drain and a
concrete wedge transition were deleted from the project scope. The City directed the deletion of the
Public Art Design and Construction as this was to be completed on a separate project. The Change Order
total amount was ($31,269.00).
Change Order #12 removed and replaced the existing drinking fountain at Las Palmas Park with an ADA
and pet friendly drinking fountain. The Contractor removed and replaced the existing drinking fountain as
per the revised improvement plan for Las Palmas Park Dog Park provided on November 17, 2023 . The
Change Order total amount was $12,596.34.
Change Order #13 installed a 4” diameter perforated corrugated drainline with filter sock in the Kimball
Park Tot Lot. The drainage improvements replaced the existing subdrainage which had been damaged by
the existing foundations. The change in work also included the removal and replacement of 65 LF of
concrete curb to meet the revised Tot Lot layout provided by NLA on January 12, 2024. The Change Order
total amount was $31,388.81.
Change Order #14 provided an engineered lighting assessment of the existing conditions of the Kimball
Park ballfield lighting. A structural engineer from RTM assessed the potential to replace the lighting system
Page 147 of 267
FINAL CONTRACT BALANCE
KIMBALL PARK DOG PARK AND TOT LOT + LAS PALMAS PARK DOG PARK
CIP No. 23-06
and observe the extent of the corrosion to the existing poles by visiting the site, collecting samples and
verifying the integrity of the existing steel section. The Change Order total amount was $1,260.00.
Change Order #15 fabricated and installed 60 LF of handrail at Las Palmas Park. As per Change Order #9,
60 LF was fabricated and installed within the 65 LF of 6” curb installed west of the Las Palmas Dog Park
for ADA pathway compliance. The Change Order total amount was $10,339.88.
Change Order #16 removed the secondary pitcher’s mound within the batting cage at Kimball Park. To
mitigate conflicting stride lengths between the two pitcher’s mound which has been installed as per plan,
the short length pitcher’s mound was removed from the newly installed batting cage. The Change Order
total amount was $583.18.
Change Order #17 provided investigation of the existing subdrainage within the Kimball Park Tot Lot. The
Contractor performed an investigation of the condition of the subdrainage upon removal of the existing
fiber mulch as directed by Neri Landscaping. The Change Order total amount was $2,930.95.
Change Order #18 removal and disposal of the existing tree roots at Las Palmas Park. As per Change Order
#9 the Contractor had to remove existing tree roots in order to install the mow curb at the Las Palmas
Park Dog Park entrance. The Change Order total amount was $614.59.
Change Order #19 provided an additional relocation and capping of the existing irrigation within Las
Palmas Dog Park. Prior to the plan revisions provided by NLA on November 17, 2023, the Contractor had
completed relocation and capping of the existing irrigation. Following the plan revision, the Contractor
had to perform additional relocations and cappings. The Change Order total amount was $5,813.25.
Change Order #20 investigated the existing conditions of the ballfield lighting at Kimball Park. Upon
mobilization to the project site to perform the contract scope of removing and replacing the existing
ballasts at the Kimball Park baseball field, the Contractor identified extensive corrosion to the existing
lighting and poles. The Contractor was directed by the City to perform an initial investigation to identify
the extent of the corrosion and provide a recommendation on replacement. This Change Order includes
material costs for the ballasts which were procured and delivered to the City. The Change Order total
amount was $8,931.49.
Change Order #21 procured and installed a 24” box ulmus parvifolia “Chinese Elm” tree within Las Palmas
Park Dog Park. The tree was added to provide shade to dog owners within the small dog park after the
small dog park was reduced from the plan revision provided on November 17, 2023. The Change Order
total amount was $2,600.42.
Change Order #22 removed and replaced the existing wood posts and joint sealant at the Kimball Park Tot
Lot. The City directed the Contractor to repair the damaged concrete joints and replace the wood posts
with concrete in order to repair the pathway between the Tot Lots. The Change Order total amount was
$1,354.04.
Change Order #23 provided backfill along the sidewalk at Kimball Park. NLA directed the Contractor to
infill soil along the northerly dog park entrance at Kimball Park in order to level the grade difference
created by the new fencing limits on the revised plans provided on August 16, 2023. The Change Order
total amount was $1,556.78.
Page 148 of 267
FINAL CONTRACT BALANCE
KIMBALL PARK DOG PARK AND TOT LOT + LAS PALMAS PARK DOG PARK
CIP No. 23-06
Change Order #24 removed and installed approximately 144 SF of sidewalk at Las Palmas Park. To
maintain ADA compliance, Neri Landscaping directed the Contractor to remove and replace sidewalk that
had been damaged and overturned by tree roots to the east of the Las Palmas Park Dog Park. The Change
Order total amount was $12,084.93.
Change Order #25 procured and installed a 14’ solar light at Las Palmas Park Dog Park. In response to
concerns regarding vandalism of the post lighting installed per plan, Neri Landscaping directed the
Contractor to install a 14’ height solar light at the Las Palmas Park Dog Park entrance. The Change Order
total amount was $11,597.42.
Change Order #26 provided for the delivery of excess fencing materials to the City. The extra costs
provided for the vinyl coated fencing and accompanying hardware for future City use as well as for delivery
costs. The credit for the reduced quantity of fence installed was provided on Change Order #27. The
Change Order total amount was $5,650.93.
Change Order #27 provided bid line item adjustments for line items which had different quantities
measured in the field as opposed to on the plans. As a result of plan changes at both parks 19 bid line
items had revised quantities. Additional costs were attributed to increases in quantities for sidewalk, DG
paving, and maintenance gates within the dog parks. The increase to the size of the Tot Lot increased
costs for ‘Fibar’ engineered wood placement. Credits were provided for reduced quantities of fencing,
mow curbs, mowing, trench drains and turf topping needed within Kimball Park Dog Park and Las Palmas
Park Dog Park. Credit was also provided for the replacement of ballast lighting that was removed from the
project scope. The Change Order total amount was ($97,369.27).
All Change Orders listed above increased the total contract amount $52,662.31.
Original Contract Amount: $ 983,696.97
Change Order Total: $ 52,662.31
New Contract Amount: $ 1,036,359.28
Final Contract Balance: $ 1,036,359.28
Line-Item Adjustments Increase: $ 0.00
CONTRACT ADJUSTMENT:
As a result of the above change orders and line item adjustments, the contract price is adjusted as follows:
1. The final contract price is adjusted to $1,036,359.28
2. A retention in the amount of $51,817.96 was held until satisfactory completion of said project.
This document and its purpose to balance payment shall be considered full compensation for furnishing
and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for
performing the work described above. HSCC, Inc. will not be entitled to damages or additional payment
for delays as described in the 2012 edition of the Standard Specifications for Public Works Construction,
Section 6-6.3, for performing the work as described above.
Page 149 of 267
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
NAME: CITY OF NATIONAL CITY
ADDRESS: 243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CA 91950
NOTICE OF COMPLETION
CALIFORNIA CIVIL CODE SECTION 3093
NOTICE IS HEREBY GIVEN of the completion on April 10, 2024 of the:
Kimball Park Dog Park and Tot Lot + Las Palmas Park Dog Park, CIP No. 23-06
Work of improvement or portion of work of improvement under construction or alteration.
Kimball Park and Las Palmas Park
Street Address City State Zip Code
The undersigned owns the following interest or estate in said property:
Owner in fee
Nature of the interest or estate of owner (mortgagor, lessee, etc.)
Said work of improvement was performed on the property pursuant to a contract with
HSCC, Inc.
Name of Original Contractor
The following work and material were supplied:
Labor provided: General laborer. Materials: Concrete, storm drain, soil, fencing, play structures,
dog agility equipment, trees and shrubs, seating and drinking fountains. Equipment: Minor
excavating equipment.
General statement of kind of labor, services, equipment or materials
The names and addresses of co-owners are: N/A
Joint tenants, tenants in common, or other owners
Dated: October 1, 2024; ______________________________________________
Signature of Owner
City of National City, 1243 National City Blvd., National City, CA 91950
I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents
thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing
is true and correct.
Executed on October 1, 2024 at, National City, California.
Signature: ______________________________
RON MORRISON, MAYOR Noc09-05
Page 150 of 267
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1)
ACCEPTING THE WORK PERFORMED BY HSCC INC. FOR THE KIMBALL PARK DOG
PARK AND TOT LOT + LAS PALMAS PARK DOG PARK PROJECT, CIP NO. 23 -06; 2)
APPROVING THE FINAL CONTRACT AMOUNT OF $1,036,359.28; 3) RATIFYING THE
RELEASE OF RETENTION IN THE AMOUNT OF $51,817.96; AND 4) AUTHORIZING THE
MAYOR TO SIGN THE NOTICE OF COMPLETION.
WHEREAS, the Kimball Park Dog Park and Tot Lot + Las Palmas Park Dog Park project,
CIP 23-06, constructed new amenities and improvements at both Kimball and Las Palmas parks
(the “Project”); and
WHEREAS, at Kimball Park, Project construction included a dog park with dog agility
equipment, chain link fence and gate, trash receptacles, pet waste station, wood bench, concrete
pathway, removal and replacement of drinking fountain, removal and replacement of children play
equipment and drainage system for Tot Lot, batting cage, installation of baseball field infield mix,
and baseball field storage container; and
WHEREAS, at Las Palmas Park, Project improvements included a dog park with dog
agility equipment, chain link fence and gate, trash receptacles, pet waste station, wood bench,
full square and circle metal benches, solar lighting, removal and replacement of drinking fountain,
handrail, and removal and replacement of small section of sidewalk; and
WHEREAS, on May 16, 2023, City Council awarded the contract for the Project to HSCC,
Inc. (“HSCC”) in the amount not to exceed $983,696.97 and authorized a 15% contingency in the
amount of $147,554.55 to address any unforeseen conditions that may arise; and
WHEREAS, on July 10, 2023, the Notice to Proceed with construction was issued to
HSCC; and
WHEREAS, construction on the Project started on July 17, 2023 and was completed on
April 10, 2024; and
WHEREAS, Project change orders and line-item adjustments increased the contract by
$52,662.31, which results in a 5.35% increase to the original contract award, for a final contract
balance of $1,036,359.28; and
WHEREAS, the Notice of Completion will be filed with the San Diego County Recorder’s
Office.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby accepts the work performed by HSCC, Inc.
for the Kimball Park Dog Park and Tot Lot + Las Palmas Park Dog Park project, CIP No. 23-06.
Section 2: That the City Council hereby approves the final contract balance of
$1,036,359.28.
Page 151 of 267
Section 3: That the City Council hereby ratifies the release of retention in the amount
of $51,817.96.
Section 4: That the City Council hereby authorizes the Mayor to sign the Notice of
Completion.
Section 5: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 1st day of October, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
Page 152 of 267
AGENDA REPORT
Department: City Manager’s Office
Prepared by: Benjamin A. Martinez, City Manager
Meeting Date: Tuesday, October 1, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Approval of Expenditures for Councilmember Jose Rodriguez related to Attendance at the
California Department of Education Housing Summit in Sacramento on August 14, 2024.
RECOMMENDATION:
Staff Recommends Approval of Expenditures for Councilmember Jose Rodriguez related to
attendance at the California Department of Housing Summit in Sacramento on August 14, 2024.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
City Council Policy No. 121 (Mayor and City Councilmembers Office Budget) was adopted at the
June 4, 2024 City Council Meeting. Attachment 2 to this policy is the list of approved conferences
and trainings. The California Department of Education Housing Summit is not on the “approved
list”. Therefore, it will require City Council approval.
FINANCIAL STATEMENT:
Upon approval, expenditures in the amount of $641.96 will be charged to the following account.
Councilmember Jose Rodriguez – Account #100-10-10-10300-7226.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
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 – City Council Policy No. 121
Exhibit B – Housing Summit Flyer
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Exhibit B
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AGENDA REPORT
Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant
Meeting Date: Tuesday, October 1, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Warrant Register #7 for the period of 8/9/24 through 8/15/24 in the amount of $2,564,874.14
RECOMMENDATION:
Ratify Warrants Totaling $ 2,564,874.14
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Per Government Section Code 37208, below are the payments issued for the period of 8/9/24 –
8/15/24. Consistent with the Department of Finance’s practice, listed below are all payments
above $50,000.
Vendor Check/Wire Amount Explanation
Geosyntec Consultants 370806 75,000.00 NTP – Vegetation Removal Paradise
Basile Construction 370848 109,679.87 Las Palmas Emergency Storm Drain
LC Paving & Sealing 370863 97,233.60 CIP 19-20 Sweetwater Rd Bikeway
ARJIS 370801 80,490.16 Charter Member Agency fees
Public Emp Ret System 242270152 337,126.44 Service Period 7/23/24 – 8/05/24
PRISM 240813 322,717.00 Property Program 3/24/24 – 3/25/25
PRISM 240813 1,288,822.00 General Liability Program
FINANCIAL STATEMENT:
Warrant total $ 2,564,874.14
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
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
EXHIBIT:
Exhibit A – FY25 Warrant Register 7
Page 162 of 267
PAYEE DESCRIPTION CHK NO DATE AMOUNT
Mayor and Council
STAPLES BUSINESS ADV MOP#45704 - YAMANES OFFICE SUPPLIES FOR EXEC A 370827 8/13/24 32.07
ENTERPRISE RENT A CA MARCUS BUSH - ALBUQUERQUE RENT A CAR 370854 8/15/24 600.37
Total for Department 632.44
Building/Planning
NBS LANDSCAPE MAINTENANCE DISTRICT ADMIN SERVICES 370812 8/13/24 1,893.00
SUNRUN INSTALLATION REFUND A PORTION OF PERMIT INSPECTION FEES 370829 8/13/24 1.00
SUNRUN INSTALLATION REFUND A PORTION OF PERMIT INSPECTION FEES 370829 8/13/24 1.82
SUNRUN INSTALLATION REFUND A PORTION OF PERMIT INSPECTION FEES 370829 8/13/24 1.00
SUNRUN INSTALLATION REFUND A PORTION OF PERMIT INSPECTION FEES 370829 8/13/24 2.08
SUNRUN INSTALLATION REFUND A PORTION OF PERMIT INSPECTION FEES 370829 8/13/24 1.00
SUNRUN INSTALLATION REFUND A PORTION OF PERMIT INSPECTION FEES 370829 8/13/24 1.04
SUNRUN INSTALLATION REFUND A PORTION OF PERMIT INSPECTION FEES 370829 8/13/24 133.80
SUNRUN INSTALLATION REFUND A PORTION OF PERMIT INSPECTION FEES 370829 8/13/24 133.80
SUNRUN INSTALLATION REFUND A PORTION OF PERMIT INSPECTION FEES 370829 8/13/24 133.80
SMART SOURCE OF CALI BUSINESS CARDS MOP 63845/ HOUSING AND PLANNING 370873 8/15/24 78.12
Total for Department 2,380.46
CAO
THOMSON REUTERS WEST LAW / CAO 370834 8/13/24 637.84
STAPLES BUSINESS ADV MOP 45704 / CAO/ OFFICE SUPPLIES 370876 8/15/24 191.06
Total for Department 828.90
City Clerk
STAPLES BUSINESS ADV OFFICE SUPPLIES 370877 8/15/24 97.85
STAPLES BUSINESS ADV OFFICE SUPPLIES 370877 8/15/24 57.89
STAPLES BUSINESS ADV OFFICE SUPPLIES 370877 8/15/24 -97.85
STAPLES BUSINESS ADV OFFICE SUPPLIES 370877 8/15/24 24.72
STAPLES BUSINESS ADV OFFICE SUPPLIES 370877 8/15/24 -24.72
STAPLES BUSINESS ADV OFFICE SUPPLIES 370877 8/15/24 171.57
STAPLES BUSINESS ADV OFFICE SUPPLIES 370877 8/15/24 70.34
THE EPOCH TIMES PUBLIC NOTICING - ELECTION RELATED 370879 8/15/24 750.00
Total for Department 1,049.80
Community Services/Nutrition/Library
SDG&E GAS AND ELECTRIC SERVICES FOR FY25 370825 8/13/24 3,690.32
SWANK MOTION PICTURE MOVIES IN THE PARK MOVIE LICENSING 8/9/24/CSD 370830 8/13/24 685.00
ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION CTR 370845 8/15/24 296.80
ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION CTR 370845 8/15/24 318.58
ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION CTR 370845 8/15/24 269.66
ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION CTR 370845 8/15/24 2,292.18
ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION CTR 370845 8/15/24 746.76
WARRANT REGISTER # 7
8/15/2024
1/11Page 163 of 267
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 7
8/15/2024
ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION CTR 370845 8/15/24 1,993.93
COZZINI BROS., INC.KNIFE SHARPENING SERVICES FOR FY 25 370851 8/15/24 64.17
COZZINI BROS., INC.KNIFE SHARPENING SERVICES FOR FY 25 370851 8/15/24 64.17
PEIRCE, DENISSE RFW - YOGA CONTRACT INST. JULY MONTHLY PAYMEN 370868 8/15/24 241.50
PRUDENTIAL OVERALL S LAUNDRY AND CONSUMABLES FOR FY25 370869 8/15/24 153.43
SANCHEZ MAYO, LESTER RFW - CONT.INST.PAYMENT CAMACHO BASKETBALL CL 370871 8/15/24 2,695.00
SEAPORT MEAT COMPANY FOOD AS NEEDED FOR NUTRITION CTR. FY25 370872 8/15/24 1,050.15
SEAPORT MEAT COMPANY FOOD AS NEEDED FOR NUTRITION CTR. FY25 370872 8/15/24 920.05
STAPLES BUSINESS ADV MOP 45704 CAMACHO OFFICE SUPPLIES/CSD 370876 8/15/24 32.82
SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION CTR 370878 8/15/24 3,843.65
SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION CTR 370878 8/15/24 518.89
Total for Department 19,877.06
Engineering / PW's
FRANK TOYOTA PT767-35111 TACO TUBESTP ACC 370805 8/13/24 405.81
GEOSYNTEC CONSULTANT NTP- VEGETATION REMOVAL AT PARADISE AND 8TH 370806 8/13/24 75,000.00
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 370807 8/13/24 60.81
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 370807 8/13/24 86.64
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 370807 8/13/24 357.92
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 370807 8/13/24 160.95
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 370807 8/13/24 40.55
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 370807 8/13/24 407.49
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 370807 8/13/24 168.15
GRAINGER MOP 65179 CREDIT FOR BUILDING SUPPLIES FY25-PW/370807 8/13/24 -6.91
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 370807 8/13/24 426.36
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 370807 8/13/24 197.41
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 370807 8/13/24 57.46
HAAKER EQUIPMENT COM PARTS AND SMALL EQUIPMENT FY25-PW/EQM 370808 8/13/24 1,517.34
HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FAC 370810 8/13/24 105.94
HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FAC 370810 8/13/24 69.51
HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FAC 370810 8/13/24 417.42
HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FAC 370810 8/13/24 87.45
MASON'S SAW & LAWNMO MOP 45729 LANDSCAPE SUPPLIES FY25-PW/STS 370811 8/13/24 443.62
MASON'S SAW & LAWNMO MOP 45729 LANDSCAPE SUPPLIES FY25-PW/WW 370811 8/13/24 255.90
O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES CREDIT FY25-PW/EQM 370814 8/13/24 -30.96
O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY25-PW/EQM 370814 8/13/24 36.87
PACIFIC STATES PETRO HYDRAULIC OIL, ENGINE OIL FY25-PW/EQM 370816 8/13/24 3,456.61
PERRY FORD MOP 45703 AUTO REPAIRS FY25-PW/EQM 370817 8/13/24 185.00
PERRY FORD MOP 45703 AUTO REPAIRS FY25-PW/EQM 370817 8/13/24 185.00
POWERSTRIDE BATTERY MOP 67839 AUTO BATTERIES FY25-PW/EQM 370819 8/13/24 2,806.56
POWERSTRIDE BATTERY MOP 67839 AUTO BATTERIES FY25-PW/EQM 370819 8/13/24 362.02
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 370820 8/13/24 21.49
PRO BUILD COMPANY GENERAL BUILDING SUPPLIES FY25-PW/FAC 370820 8/13/24 515.09
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 370820 8/13/24 116.41
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 370820 8/13/24 467.29
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 370820 8/13/24 43.12
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 370820 8/13/24 183.79
2/11Page 164 of 267
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 7
8/15/2024
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 370820 8/13/24 108.16
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 370820 8/13/24 30.45
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 370820 8/13/24 23.94
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 370820 8/13/24 280.03
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 370820 8/13/24 24.24
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/STS 370820 8/13/24 256.04
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/STS 370820 8/13/24 255.82
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/SEWER 370820 8/13/24 43.98
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/SEWER 370820 8/13/24 193.68
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/STS 370820 8/13/24 124.27
PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/FAC 370821 8/13/24 14.42
PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/STS 370821 8/13/24 122.01
PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/SEWER 370821 8/13/24 122.01
PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/SEWER 370821 8/13/24 48.29
PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/WW 370821 8/13/24 45.99
SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS FY25-PW/STS 370822 8/13/24 117.50
SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS FY25-PW/STS 370822 8/13/24 100.30
SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS FY25-PW/STS 370822 8/13/24 118.53
SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS FY25-PW/STS 370822 8/13/24 11.45
SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS FY25-PW/STS 370822 8/13/24 97.64
SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS FY25-PW/STS 370822 8/13/24 53.18
SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS JUL FY25-PW/STS 370822 8/13/24 55.08
SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 370826 8/13/24 629.97
SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 370826 8/13/24 71.49
SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 370826 8/13/24 263.88
SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 370826 8/13/24 100.83
STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES FY24-PW/ENG 370827 8/13/24 119.49
STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES FY25-PW/ENG 370827 8/13/24 170.81
SWEETWATER AUTHORITY WATER BILL FOR WASTEWATER MAY-JUL FY25-PW/WW 370831 8/13/24 26.09
T MAN TRAFFIC SUPPLY STREET SIGN SUPPLIES FY25-PW/STS 370832 8/13/24 9,196.30
THE LLOYD PEST CONTR PEST CONTROL SERVICES FY24-PW/FAC 370833 8/13/24 52.00
UNDERGROUND SERVICE UNDERGROUND SERVICE ALERT FY25-PW/WW 370836 8/13/24 404.05
UNDERGROUND SERVICE UNDERGROUND SERVICE ALERT FY25-PW/WW 370836 8/13/24 139.09
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 481.25
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 117.77
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 176.13
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 138.91
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 91.01
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 226.74
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 55.09
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY254-PW/FAC 370837 8/13/24 155.10
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 55.59
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 195.75
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 157.87
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 60.18
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 55.81
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 128.72
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 487.35
3/11Page 165 of 267
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 7
8/15/2024
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 400.47
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 400.47
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 503.02
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 47.63
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 402.02
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 180.54
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY24-PW/FAC 370837 8/13/24 26.23
VISTA PAINT MOP 68834 PAINT SUPPLIES FY25-PW/FAC 370839 8/13/24 276.62
VISTA PAINT MOP 68834 PAINT SUPPLIES FY25-PW/WW 370839 8/13/24 456.10
VULCAN MATERIALS COM ASPHALT & ROCK MATERIALS FOR FY25-PW/STREETS 370840 8/13/24 1,759.60
WAXIE SANITARY SUPPL BPO: JANITORIAL SUPPLIES FY25-PW/FAC 370841 8/13/24 2,310.80
WESTFLEX INDUSTRIAL MOP 63850 SEWER SUPPLIES FY25-PW/SEWER 370842 8/13/24 440.17
WETMORES MOP 80333 AUTO SUPPLIES FY25-PW/EQM 370843 8/13/24 40.06
ANSER ADVISORY MANAG NTP CLOSED CIRCUIT TELEVISION 370847 8/15/24 12,730.00
BASILE CONSTRUCTION LAS PALMAS EMERGENCY STORM DRAIN REPAIR- STO 370848 8/15/24 109,679.87
D-MAX ENGINEERING IN NC STORM WATER SERVICES 370852 8/15/24 450.66
D-MAX ENGINEERING IN WORK PLAN TO PROVIDE STORM WATER 370852 8/15/24 18,824.07
D-MAX ENGINEERING IN WORK PLAN FOR WASTEWATER SERVICES 370852 8/15/24 5,099.90
D-MAX ENGINEERING IN NTP -CONSTRUCTION INSPECTION SERVICES FOR CIP 370853 8/15/24 25.19
L C PAVING & SEALING CIP 19-20 SWEETWATER ROAD BIKEWAY 370863 8/15/24 97,233.60
MASON'S SAW & LAWNMO FS251 BRUSHCUTTER BIKE FY25-PW/STS 370865 8/15/24 1,472.18
SPEEDPRO IMAGING DECALS FOR NUTRITION TRUCKS FY25-PW/EQM 370875 8/15/24 495.23
Total for Department 357,866.82
Finance
OPTUM HSA BANKING FEE -GROUP HB1966 APRIL-MAY-JUNE 20 370867 8/15/24 58.50
OPTUM HSA BANKING FEE -GROUP HB1966 APRIL-MAY-JUNE 20 370867 8/15/24 13.00
OPTUM HSA BANKING FEE -GROUP HB1966 APRIL-MAY-JUNE 20 370867 8/15/24 19.50
OPTUM HSA BANKING FEE -GROUP HB1966 APRIL-MAY-JUNE 20 370867 8/15/24 9.75
OPTUM HSA BANKING FEE -GROUP HB1966 APRIL-MAY-JUNE 20 370867 8/15/24 16.25
SMART SOURCE OF CALI MOP 63845 REGULAR ENVELOPES AR FINANCE 370874 8/15/24 339.45
Total for Department 456.45
Fire
HAMLYN WILLIAMS INC TEMP EMPLYMT, NARDZYEZDA ACOSTA WE 28-JULY 20 370809 8/13/24 800.00
HAMLYN WILLIAMS INC TEMP EMPLYMT SVCS, SOA NARDYEZDA ACOSTA, WE 370809 8/13/24 820.00
HAMLYN WILLIAMS INC TEMP EMPLYMT SVCS, SOA NARDYEZDA ACOSTA WE 1 370809 8/13/24 800.00
PRO BUILD COMPANY MOP#45707, LIQUID NAILS AND YELLOW GAS CONN 370820 8/13/24 112.41
PRUDENTIAL OVERALL MOP #45742, 18X18 PURPLE SHOP TOWEL 370821 8/13/24 25.00
VIORA, BRIAN REIMBRSMT, PARAMEDIC LICENSE RENEWAL 370838 8/13/24 250.00
MES CALIFORNIA SILV-EX PLUS FOAM CONCENTRATE 5 GALLON 370866 8/15/24 2,458.84
Total for Department 5,266.25
Housing / Sec 8
HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA W-E OF 5/19/24 (36973) SE 370809 8/13/24 81.27
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WARRANT REGISTER # 7
8/15/2024
HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA W-E OF 06/02/24 (36973) S 370809 8/13/24 86.43
HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA W-E OF O5/26/24 (36973) S 370809 8/13/24 119.11
HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA W-E OF 06/30/24 (36973) S 370809 8/13/24 1,191.10
HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA WEEK ENDING O5/19/2024 370809 8/13/24 1,355.79
HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA W-E OF 05/26/2024 FOR S 370809 8/13/24 57.62
HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA W/E OF 07/07/24 FOR S8 370809 8/13/24 1,153.26
KIMLEY HORN TOWER 999 TRANSACTION ASSISTANCE FOR 370861 8/15/24 1,740.95
KIMLEY HORN ON-CALL PROJECT SUPPORT SERVICES CONTRACT 370862 8/15/24 9,804.56
SMART SOURCE OF CALI BUSINESS CARDS MOP 63845/ HOUSING AND PLANNING 370873 8/15/24 39.06
STAPLES BUSINESS ADV OFFICE SUPPLIES/ HOUSING 370876 8/15/24 133.65
STAPLES BUSINESS ADV OFFICE SUPPLIES/ HOUSING 370876 8/15/24 -133.65
THE STAR NEWS AAP- PUBLIC NOTICE/ HOUSING 370880 8/15/24 212.69
THE STAR NEWS AAP FY 24-25 PUBLIC NOTICE/ HOUSING 370880 8/15/24 181.94
THE STAR NEWS FONSI PUBLIC NOTICE/ HOUSING 370880 8/15/24 330.56
THE STAR NEWS FONSI PUBLIC NOTICE/ HOUSING 370880 8/15/24 246.00
THE STAR NEWS FONSI PUBLIC NOTICE/ HOUSING 370880 8/15/24 248.56
Total for Department 16,848.90
Human Resources
AETNA BEHAVIORAL HEA EMPLOYEE ASSISTANCE PROGRAM FOR AUGUST 2024 370844 8/15/24 825.60
ALTA LANGUAGE SERVIC EMPLOYEE BILINGUAL TESTING 370846 8/15/24 264.00
CONCENTRA MEDICAL CE PRE-EMPLOYMENT PHYSICAL 370850 8/15/24 218.00
G2SOLUTIONS, INC NEW EMPLOYEE FINGERPRINT TEST SUBMISSION-JULY 370856 8/15/24 3.00
LORONA, ERNESTO LICENSE/PERMITS REIMBUSRSEMENT/LORONA 370864 8/15/24 80.00
ROJAS, ESTEBAN LICENSE REIMBURSEMENT-ROJAS 370870 8/15/24 85.00
STAPLES BUSINESS ADV MOP #45704 / OFFICE SUPPLIES / HUMAN RESOURCES 370876 8/15/24 15.14
STAPLES BUSINESS ADV MOP #45704 / OFFICE SUPPLIES / HUMAN RESOURCES 370876 8/15/24 116.43
STAPLES BUSINESS ADV MOP #45704 / OFFICE SUPPLIES / HUMAN RESOURCES 370876 8/15/24 102.75
STAPLES BUSINESS ADV MOP #45704 / OFFICE SUPPLIES / HUMAN RESOURCES 370877 8/15/24 158.76
STAPLES BUSINESS ADV MOP #45704 / OFFICE SUPPLIES / HUMAN RESOURCES 370877 8/15/24 59.13
Total for Department 1,927.81
MIS
CORELOGIC SOLUTIONS REALQUEST PROPERTY RESEARCH APP +370802 8/13/24 409.68
TYLER TECHNOLOGIES I TYLER MUNIS / CAD~370835 8/13/24 2,220.00
GOVCONNECTION INC HP COLOR PRINTER M554DN~370857 8/15/24 829.29
GOVCONNECTION INC MICROSOFT 365 BUSINESS STANDARD 370858 8/15/24 26,360.00
Total for Department 29,818.97
NSD
PRO BUILD COMPANY MOP 45707 PAINT SUPPLIES 370820 8/13/24 348.85
HYATT REGENCY ORANGE CACEO CONFERENCE HOTEL ALEX 370859 8/15/24 833.15
IPS GROUP INC PEMS - CONVERSION TO DATA TICKET 370860 8/15/24 2,000.00
STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES 370876 8/15/24 40.53
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WARRANT REGISTER # 7
8/15/2024
Total for Department 3,222.53
Police
ACE UNIFORMS & ACCES OFFICER RAIN GEAR / PD 370800 8/13/24 7,436.04
ARJIS ARJIS / ESUN FY 25 370801 8/13/24 14,231.00
ARJIS CHARTER MEMBER AGENCY FEES 370801 8/13/24 80,490.16
CYRACOM INTERNATIONA LANGUAGE LINE FOR DISPATCH / POLICE 370803 8/13/24 60.45
EXPERIAN EMPLOYEE CREDIT CHECKS / POLICE 370804 8/13/24 27.72
EXPERIAN CREDIT CHECKS / POLICE 370804 8/13/24 27.00
NITV FEDERAL SERVICE TRAINING TUITION FOR FUSTON'S CVSA PRC PENDING 370813 8/13/24 1,395.00
PHASE 5 WEAPON SYSTE BREACHING TOOL FOR INVESTIGATIONS / PD 370818 8/13/24 1,324.88
STAPLES BUSINESS ADV MOP# 45704. OFFICE SUPPLIES / POLICE 370827 8/13/24 167.36
STAPLES BUSINESS ADV MOP# 45704. OFFICE SUPPLIES / POLICE 370827 8/13/24 27.44
STAPLES BUSINESS ADV MOP# 45704. OFFICE SUPPLIES / POLICE 370827 8/13/24 76.72
STAPLES BUSINESS ADV MOP# 45704. OFFICE SUPPLIES / POLICE 370827 8/13/24 15.05
STAPLES BUSINESS ADV MOP# 45704. OFFICE SUPPLIES / POLICE 370827 8/13/24 30.97
CAMACHO, JOSEPH B REIMB: PEER SUPPORT WELLNESS FLOWERS 370849 8/15/24 93.50
CAMACHO, JOSEPH B REIMB: BEREAVEMENT FLOWERS / PEER SUPPORT 370849 8/15/24 110.56
ESRI MAPPING SYSTEM FOR DISPATCH / POLICE 370855 8/15/24 1,750.00
STAPLES BUSINESS ADV MOP# 45704. OFFICE SUPPLIES / POLICE 370876 8/15/24 234.28
STAPLES BUSINESS ADV MOP# 45704. OFFICE SUPPLIES / POLICE 370876 8/15/24 302.17
STAPLES BUSINESS ADV MOP# 45704. OFFICE SUPPLIES / POLICE 370876 8/15/24 69.17
STAPLES BUSINESS ADV MOP# 45704. OFFICE SUPPLIES / POLICE 370876 8/15/24 36.20
STAPLES BUSINESS ADV MOP# 45704. OFFICE SUPPLIES / POLICE 370876 8/15/24 127.74
STAPLES BUSINESS ADV MOP# 45704. OFFICE SUPPLIES / POLICE 370876 8/15/24 53.90
VCA EMERGENCY ANIMAL STRAY ANIMAL CARE FOR FY25 370881 8/15/24 248.00
VCA EMERGENCY ANIMAL STRAY ANIMAL CARE FOR FY25 370881 8/15/24 454.14
Total for Department 108,789.45
Risk
ONTELLUS LIABILITY CLAIM COST 370815 8/13/24 962.19
STENO AGENCY, INC.LIABILITY CLAIM COST 370828 8/13/24 1,771.90
Total for Department 2,734.09
A/P Total 551,699.93
WIRED PAYMENTS
Finance
PUBLIC EMP RETIREMEN SERVICE PERIOD 7/23/24 - 8/05/24 242270152 8/15/24 337,126.44
Risk
PRISM PROPERTY PROGRAM-PERIOD COVERED:03/24-03/25 240813 8/13/24 322,717.00
PRISM GENERAL LIABILITY PROGRAM I-COVERED: 07/24-06/25 240813 8/13/24 1,288,822.00
PRISM CYBER LIABILITY PROGRAM-PERIOD COVERED:07/24-06 240813 8/13/24 9,492.00
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 7
8/15/2024
SECTION 8 HAPS Start Date End Date
8/15/2024 8/15/2024 16,366.20
PURCHASE CARDS
Mayor and Council
HOME DEPOT CREDIT SE DITAS YAMANE' OFFICE LIVE PLANTS JULY 24 47.30
HOME DEPOT CREDIT SE DITAS YAMANES - OFFICE PLANTS JULY 24 23.68
KUJO EATS KUJO EATS - CITY REIMBURSED BY CM JULY 24 17.00
VALLARTA SUPERMARKET MARCUS BUSH EXECUTIVE ASSISTANT - GET WELL FLOWERS JULY 24 33.68
VALLARTA SUPERMARKET MARCUS BUSH EXECUTIVE ASSISTANT - GET WELL CARD JULY 24 15.36
Total for Department 137.02
CAO
PRIMO WATER FL PRIMO WATER FL JULY 24 58.93
SAN DIEGO UNION TRIB SAN DIEGO UNION TRIB-SUB JULY 24 16.00
Total for Department 74.93
City Clerk
AMAZON.COM PASSPORT ACCEPTANCE FACILITY SUPPLIES - PASSPORT P JULY 24 843.68
AMAZON.COM CLEAR DESK PAD FOR PASSPORT FACILITY COUNTER JULY 24 38.05
AMAZON.COM SUPPLIES FOR PASSPORT FACILITY GRAND OPENING EVENT JULY 24 86.99
Total for Department 968.72
Community Services/Nutrition/Library
7 ELEVEN SUPPLIES FOR NC TEEN NIGHTS JULY 24 30.41
ACE PARKING CASA YOUTH SUMMER PROGRAMMING JULY 24 0.75
ACE PARKING CASA YOUTH SUMMER PROGRAMMING JULY 24 0.75
AMAZON.COM CASA YOUTH PROGRAMMING SUPPLIES JULY 24 246.43
AMAZON.COM SUPPLIES FOR NC TEEN NIGHTS JULY 24 301.69
AMAZON.COM SUPPLIES FOR NC TEEN NIGHTS JULY 24 48.81
AMAZON.COM SUPPLIES FOR NC TEEN NIGHTS JULY 24 215.49
AMAZON.COM SUPPLIES FOR NC TEEN NIGHTS JULY 24 86.18
AMAZON.COM SUPPLIES FOR NC TEEN NIGHTS JULY 24 43.09
AMC THEATRES CASA YOUTH SUMMER PROGRAMMING JULY 24 300.00
BEST BUY CASA ESPORTS PROGRAMMING SUPPLIES JULY 24 1,033.11
BEST BUY CASA ESPORTS PROGRAMMINS SUPPLIES JULY 24 331.24
BEST BUY CASA ESPORTS PROGRAMMING SUPPLIES JULY 24 1,033.11
BOOT WORLD STAFF APPAREL JULY 24 185.94
BURROS & FRIES CASA YOUTH SUMMER PROGRAMMING JULY 24 217.23
COSTCO WHOLESALE SUPPLIES FOR NC TEEN NIGHTS JULY 24 89.22
DAISO SENIOR PROGRAMMING SUPPLIES JULY 24 287.10
DAISO SENIOR PROGRAMMING SUPPLIES JULY 24 87.54
DOLLAR TREE SENIOR PROGRAMMING SUPPLIES JULY 24 85.84
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 7
8/15/2024
DOMINO'S PIZZA CASA YOUTH SUMMER PROGRAMMING JULY 24 163.74
DOMINO'S PIZZA CASA YOUTH SUMMER PROGRAMMING JULY 24 114.97
DOMINO'S PIZZA NC TEEN NIGHTS JULY 24 257.48
DOMINO'S PIZZA NC TEEN NIGHTS JULY 24 285.58
DOMINO'S PIZZA NC TEEN NIGHTS JULY 24 190.43
HOBBY LOBBY SENIOR PROGRAMMING SUPPLIES JULY 24 364.28
ISTOCKPHOTO MONTHLY SUBSCRIPTION JULY 24 40.00
JO-ANN FABRIC SENIOR PROGRAMMING SUPPLIES JULY 24 8.13
MICHAELS ARTS AND CR SENIOR PROGRAMMING SUPPLIES JULY 24 346.83
OFFICE DEPOT SENIOR PROGRAMMING SUPPLIES JULY 24 148.74
OFFICE DEPOT SENIOR PROGRAMMING SUPPLIES JULY 24 243.40
OLIVE GARDEN NC TEEN NIGHTS JULY 24 322.34
PANERA BREAD CASA YOUTH SUMMER PROGRAMMING JULY 24 364.83
PARK PLACE MARKET CASA YOUTH SUMMER PROGRAMMING JULY 24 29.25
RALPHS SENIOR PROGRAMMING SUPPLIES JULY 24 40.61
ROSS STORES SENIOR PROGRAMMING SUPPLIES JULY 24 113.97
ROUND1 NC TEEN NIGHTS JULY 24 480.00
ROUND1 NC TEEN NIGHTS FIELD TRIP JULY 24 800.00
ROUND1 NC TEEN NIGHTS FIELD TRIP JULY 24 76.05
ROUND1 NC TEEN NIGHTS FIELD TRIP JULY 24 171.76
ROUND1 NC TEEN NIGHTS FIELD TRIP JULY 24 543.00
ROUND1 NC TEEN NIGHTS JULY 24 240.71
SMART & FINAL SENIOR PROGRAMMING SUPPLIES JULY 24 266.63
SMART & FINAL SUPPLIES FOR NC TEEN NIGHTS JULY 24 109.94
SPOTIFY MONTHLY SUBSCRIPTION JULY 24 19.99
WAL-MART MISS NATIONAL CITY SUPPLIES JULY 24 16.22
Total for Department 10,382.81
Fire
ACE HARDWARE BOLT CUTTER JULY 24 48.25
AMAZON.COM GAS VALVE TIMER JULY 24 99.83
AMAZON.COM CHECK VALVER FOR PUMPER TEST EQUIPMENT JULY 24 352.95
AMAZON.COM CHECK VALVE RETURNED JULY 24 -187.34
ARCO TRAVEL AND FOOD EXPENSE TO AND FROM FIRE THOMPSON JULY 24 87.06
ARCO TRAVEL EXPENSE TO AND FROM FIRE THOMPSON JULY 24 40.00
ARCO FOOD AND TRAVEL EXPENSE TO AND FROM FIRE JULY 24 144.24
BEST WESTERN TRAVEL EXPENSES TO AND FROM THOMPSON FIRE JULY 24 124.62
BEST WESTERN TRAVEL EXPENSES TO AND FROM THOMPSON FIRE JULY 24 124.62
BEST WESTERN FOOD AND TRAVEL EXPENSE FROM FIRE JULY 24 119.84
BEST WESTERN TRAVEL AND FOOD EXPENSE TO AND FROM FIRE JULY 24 119.84
BEST WESTERN TRAVEL AND FOOD EXPENSE TO AND FROM FIRE JULY 24 124.62
BEST WESTERN FOOD AND TRAVEL EXPENSE TO AND FROM FIRE JULY 24 124.62
BEST WESTERN FOOD AND TRAVEL EXPENSE TO AND FROM FIRE JULY 24 119.84
BEST WESTERN TRAVEL AND EXPENSE TO AND FROM FIRE JULY 24 119.84
BJ'S RESTAURANT & BR FOOD AND TRAVEL EXPENSE TO AND FROM FIRE JULY 24 62.21
CARLS JR TRAVEL EXPENSES TO AND FROM THOMPSON FIRE JULY 24 84.12
CHEVRON TRAVEL AND FOOD EXPENSE TO AND FROM FIRE THOMPSON JULY 24 144.70
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WARRANT REGISTER # 7
8/15/2024
CHEVRON TRAVEL AND FOOD EXPENSE TO AND FROM FIRE THOMPSON JULY 24 112.78
COMFORT INN TRAVEL AND FOOD EXPENSE TO AND FROM FIRE THOMPSON JULY 24 178.24
DENNY'S TRAVEL EXPENSES TO AND FROM THOMPSON FIRE JULY 24 82.72
DENNY'S FOOD AND TRAVEL EXPENSE TO AND FROM FIRE JULY 24 103.90
DENNY'S FOOD AND TRAVEL EXPENSE FROM AND TO FIRE JULY 24 45.55
ENTERPRISE RENT A CA TRAVEL AND FOOD EXPENSE TO AND FROM FIRE THOMPSON JULY 24 378.41
ENTERPRISE RENT-A-CA TRAVEL AND FOOD EXPENSE TO AND FROM FIRE JULY 24 20.00
EXXON FOOD AND TRAVEL EXPENSE TO AND FROM FIRE JULY 24 110.68
FAIRFIELD INN FOOD AND TRAVEL EXPENSE TO AND FROM FIRE JULY 24 152.87
GRILLPARTSSEARCH.COM PARTS FOR BBQ PRC#13839 JULY 24 1,160.65
IN-N-OUT BURGERS FOOD AND TRAVEL EXPENSES FROM AND TO FIRE JULY 24 45.46
IN-N-OUT BURGERS FOOD AND TRAVEL EXPENSE TO AND FROM FIRE JULY 24 45.51
LARSEN'S RESTAURANTS FOOD AND TRAVEL EXPENSE TO AND FROM FIRE JULY 24 124.83
LARSEN'S RESTAURANTS FOOD AND TRAVEL EXPENSE TO AND FROM FIRE JULY 24 114.98
RESIDENCE INN TRAVEL AND FOOD EXPENSE TO AND FROM FIRE JULY 24 231.13
ROBERTOS TACO SHOP FOOD FOR METRO ZONE OPS JULY 24 70.14
SAFEWAY TRAVEL AND FOOD EXPENSE TO AND FROM FIRE JULY 24 61.75
SCOTT VLY A PTS FOOD AND TRAVEL EXPENSE TO AND FROM FIRE JULY 24 8.03
SHELL TRAVEL AND FOOD EXPENSE TO AND FROM FIRE JULY 24 113.50
SHELL TRAVEL EXPENSE TO AND FROM THOMPSON FIRE JULY 24 93.11
SOUTHWESTERN COMMUNI SOUTHWESTERN COLLEGE STATE CERT FOR FFI JULY 24 150.00
SPROUTS FARMERS MARK FOOD AND TRAVEL EXPENSES FROM AND TO FIRE JULY 24 35.59
STARBUCKS COFFE FOR METRO METRO ZONE OPS JULY 24 44.00
WILLY'S ELECTRONIC S USB 2.0 CONNECTION FOR SCBA PROJECT JULY 24 2.72
Total for Department 5,340.41
Human Resources
AMAZON.COM OFFICE SUPPLIES JULY 24 40.12
CHIPOTLE PROFESSIONAL SERVICES-RFP INTERVIEWS JULY 24 230.39
EINSTEIN BROS BAGELS PROFESSIONAL SERVICES-RFP INTERVIEWS JULY 24 54.78
MACYS ANNIVERSARY GIFT CARD JULY 24 75.00
PARMA PUBLIC ENTITY ANNUAL MEMBERSHIP JULY 24 300.00
TARGET ANNIVERSARY GIFT CARD JULY 24 25.00
TARGET ANNIVERSARY GIFT CARD JULY 24 150.00
WAL-MART SCHOOL SUPPLIES/4TH OF JULY FAIR JULY 24 239.80
WAL-MART ANNIVERSARY GIFT CARD JULY 24 100.00
Total for Department 1,215.09
MIS
AMAZON.COM HISENSE TVS -PD JULY 24 333.90
AMAZON.COM CISCO SFP TRANSCEIVERS JULY 24 565.91
AMAZON.COM USBC TO USB ADAPTER JULY 24 7.82
AMAZON.COM FIBER PATCH CABLES JULY 24 252.52
AMAZON.COM HIGHSPEED USBC ADAPTERS JULY 24 35.79
KINTONE CORPORATION KINTONE APP - NUTRITION CENTER JULY 24 855.00
ZOOM ZOOM.US SUBSCRIPTION JULY 24 795.15
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WARRANT REGISTER # 7
8/15/2024
Total for Department 2,846.09
NSD
CODEENFORCE PRC#T3260 CODE ENFORCEMENT OFFICER SAFETY FOUNDATI JULY 24 75.00
ICC CHICAGO REGIONAL PRC#T3261 2021 INTER RES CODE, 2021 INTER PROP MAI JULY 24 265.30
ICC CHICAGO REGIONAL PRC#T3261 2021 PROPERTY MAINTENANCE AND HOUSING IN JULY 24 69.00
Total for Department 409.30
Police
ADVANCED CRISIS NE EB ADVANCED CRISIS NE TUITION FOR CORADO FOR ADV JULY 24 357.00
AEP CALIFORNIA LLC RADIO INSTALL HIGHLANDER JULY 24 473.07
AMAZON.COM WIRELESS HDMI TRANSMITTER AND ADHESIVE MATS JULY 24 118.91
AMAZON.COM WIRELESS HDMI TRANSMITTER AND ADHESIVE MATS JULY 24 95.56
AMAZON.COM FOAM EARPLUGS DISPENSER JULY 24 101.57
AMAZON.COM FOAM EARPLUGS DISPENSER JULY 24 116.34
AMAZON.COM AIR FILTERS AND SEAT CUSHION JULY 24 91.65
AMAZON.COM AC TO DC CONVERTER JULY 24 36.43
AMAZON.COM OUTDOOR SHADES AND CARABINER CLIPS JULY 24 163.03
AMAZON.COM AIR FILTERS JULY 24 78.97
AMAZON.COM OFFICE SUPPLIES JULY 24 51.09
AMAZON.COM UTILITY CART JULY 24 101.41
AMAZON.COM CLEANING SUPPLIES JULY 24 105.39
BATTERY JUNCTION BATTERIES JULY 24 396.12
BEHAVIOR ANALYSIS TR INVESTIGATIVE INTERVIEW & INTERROGATION COURSE JULY 24 575.00
CALIFORNIA CLETS USE 2024 AGENCY MEMBERSHIP JULY 24 125.00
CALIFORNIA HOMICIDE CHIA TUITIOIN FOR HIRSH AND SCANLON PRC T3242 - CA JULY 24 898.00
CARNIVAL CANDIES & I CANDIES JULY 24 15.98
CHICK-FIL-A SAN DIEGO CITE DAY MEAL JULY 24 454.63
CITRIX SYSTEMS, INC.SOFTWARE FOR FILE SHARE PRC 14016 JULY 24 770.10
COSTCO WHOLESALE 2024 USE OF FORCE WORKSHOP MEAL JULY 24 193.92
COSTCO WHOLESALE 4TH SUPPLIES JULY 24 409.86
EMBASSY CONSULTING S PEER SUPPORT MANDATE TRAINING TUITION FOR WADSWORT JULY 24 300.00
EMBASSY CONSULTING S EMBASSY CONSULTING SER PEER SUPPORT TUITION - GGON JULY 24 900.00
EMBASSY CONSULTING S EMBASSY CONSULTING SER PEER SUPPORT TUITIO FOR SOS JULY 24 300.00
EXXON HIGHLAND MOBILE PROPANE REFILLS JULY 24 13.10
FAIRFIELD INN FAIRFIELD INN & SUITES CHARGE MADE IN ERROR AND FU JULY 24 1.00
FAIRFIELD INN FAIRFIELD INN & SUITES CHARGE MADE IN ERROR AND FU JULY 24 -1.00
FAIRFIELD INN FTO COURSE FOR SABALA LODGING PRC PENDING SENT TO JULY 24 636.15
FAIRFIELD INN FTO COURSE FOR SABALA LODGING PRC PENDING SENT TO JULY 24 345.00
FUJITSU COMPUTER PRO CLEANER FOR SCANNER JULY 24 105.98
GOLDEN ERGONOMICS ERGONOMIC EVALUATION JULY 24 450.00
GOOGLE ROBLOX CHARGE MADE IN ERROR AND WAS REFUNDED. REF JULY 24 9.99
GOOGLE ROBLOX TRANSACTION MADE IN ERROR. CHARGE REFUNDED JULY 24 -9.99
HARBOR FREIGHT TOOLS OFFICE RECONFIGURATION JULY 24 36.71
HARBOR FREIGHT TOOLS OFFICE RECONFIGURATION JULY 24 69.23
HOME DEPOT CREDIT SE OFFICE RECONFIGURATION JULY 24 44.64
HOME DEPOT CREDIT SE OFFICE RECONFIGURATION JULY 24 135.42
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 7
8/15/2024
HOME DEPOT CREDIT SE OFFICE RECONFIGURATION JULY 24 46.13
HOME DEPOT CREDIT SE OFFICE RECONFIGURATION JULY 24 9.59
HOME DEPOT CREDIT SE OFFICE RECONFIGURATION JULY 24 187.20
HOME DEPOT CREDIT SE OFFICE RECONFIGURATION JULY 24 120.29
HOME DEPOT CREDIT SE OFFICE RECONFIGURATION JULY 24 42.78
HOME DEPOT CREDIT SE OFFICE RECONFIGURATION JULY 24 68.12
HOME DEPOT CREDIT SE OFFICE RECONFIGURATION JULY 24 90.61
JERSEY MIKE'S 2024 USE OF FORCE WORKSHOP MEAL JULY 24 179.90
JERSEY MIKE'S 2024 USE OF FORCE WORKSHOP MEAL JULY 24 359.80
MIDWAYUSA COM CLEANING MATS AND ADJUSTABLE TARGET STAND JULY 24 88.91
OPTICS PLANET TARGETS AND EQUIPMENT JULY 24 402.35
OPTICS PLANET TARGETS AND EQUIPMENT JULY 24 39.14
PELOTON MEMBERSHIP JULY 24 44.00
PLAZA DONUTS SAN DIEGO CITE DAY MEAL JULY 24 60.50
RED ROCK CASINO RESO ADV ROOM DEPOSIT REQUIRED AT THE TIME OF BOOKING,JULY 24 190.97
RED ROCK CASINO RESO RED ROCK ADV ROOM DEPOSIT REQUIRED AT THE TIME OF JULY 24 195.49
SAN DIEGO REGIONAL P REGIONAL TRAINING CENT TUITION FOR FITCHHORN'S TC JULY 24 875.50
SHERATON SHERATON GARDEN GROVE PRC T3133 SLI FOR P HERNANDE JULY 24 18.00
SHERATON SHERATON GARDEN GROVE SLI LODGING FOR P HERNANDEZ JULY 24 108.90
SHERATON SHERATON GARDEN GROVE SLI LODGING FOR P HERNANDEZ JULY 24 384.00
SHRED IT USA ON-SITE SHREDDING JULY 24 441.47
SMART & FINAL SMART AND FINAL JULY 24 45.89
SOUTHWEST AIRLINES FLIGHT FOR LONG AND CORADO FOR ADV CNT. PRC T326 JULY 24 482.96
SOUTHWEST AIRLINES FLIGHT FOR LONG AND CORADO FOR ADV CNT. PRC T326 JULY 24 482.96
STARBUCKS SAN DIEGO CITE DAY MEAL JULY 24 46.00
STARBUCKS SAN DIEGO CITE DAY MEAL REFUND JULY 24 -44.00
TACFIRE INC.FIREARMS TACTICAL RIFLE TUITION FOR RUBEN LOPEZ T3 JULY 24 750.00
TACFIRE INC.TUITION FOR FIREARMS INSTUCTOR CORUSE FOR CRESTIK JULY 24 750.00
THE ENGRAVING STORE ENGRAVING JULY 24 60.75
THOMSON WEST ONLINE SUBSCRIPTION JULY 24 691.95
T'S & SIGNS INC.KELLY GREEN T-SHIRTS JULY 24 195.75
UPS TRUNARC SHIPPING JULY 24 91.76
UPS RESCUE PHONE SHIPPING JULY 24 205.53
UPS SHIPPING COST TO TSI JULY 24 130.16
WRISTBANDBROS.COM WRISTBANDS JULY 24 367.58
Total for Department 17,276.20
Purchase Card Total 38,650.57
GRAND TOTAL 2,564,874.14
11/11Page 173 of 267
AGENDA REPORT
Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant
Meeting Date: Tuesday, October 1, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Warrant Register #8 for the period of 8/9/24 through 8/15/24 in the amount of $4,828,614.60
RECOMMENDATION:
Ratify Warrants Totaling $4,828,615.60
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Per Government Section Code 37208, below are the payments issued for the period of 8/9/24 –
8/15/24. Consistent with the Department of Finance’s practice, listed below are all payments
above $50,000.
Vendor Check/Wire Amount Explanation
California Commercial 370916 172,989.13 CIP 22-01 Las Palmas Pool
Dick Miller Inc 370940 280,667.94 CIP 22-09 Eastside I-805 Community
Southwest Construction 370990 84,175.46 CIP 20-05 Pistol Range HVAC
Health Net Inc 370953 65,470.27 GRP# R1192A – September 2024
City of San Diego 539 1,893,570.00 Transportation / Treatment Fees
Adminsure Inc 542 127,906.00 WC Acct Replenishment 7/2024
FINANCIAL STATEMENT:
Warrant total $4,828,615.60
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
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
EXHIBIT:
Exhibit A – FY25 – Warrant Register No. 8
Page 174 of 267
PAYEE DESCRIPTION CHK NO DATE AMOUNT
Mayor and Council
DEKRA-LITE INDUSTRIE YAMANE'S BANNER - 50% PARTIAL PAYMENT 370884 8/20/24 8,245.00
BUSH, MARCUS BUSH - ALBUQUERQUE TRAVEL EXPENSE 370915 8/22/24 245.88
SMART & FINAL MOP 45756 - YAMANE'S OPEN HOUSE SNACKS 370986 8/22/24 62.64
STAPLES BUSINESS ADV OFFICE SUPPLIES/COFFEE FOR COUNCIL 370992 8/22/24 58.43
STAPLES BUSINESS ADV OFFICE SUPPLIES/COFFEE FOR COUNCIL 370992 8/22/24 58.43
STAPLES BUSINESS ADV OFFICE SUPPLIES/COFFEE FOR COUNCIL 370992 8/22/24 58.45
STAPLES BUSINESS ADV OFFICE SUPPLIES/COFFEE FOR COUNCIL 370992 8/22/24 58.43
Total for Department 8,787.26
Building/Planning
SMART SOURCE OF CALI MOP#63845 COMM DEVELOPMENT BUSINESSD CARD 370987 8/22/24 54.23
Total for Department 54.23
CAO
Total for Department 0.00
City Clerk
EL LATINO NEWSPAPER ELECTION PUBLIC NOTICE - SPANISH NEWSPAPER 370941 8/22/24 2,899.20
STAPLES BUSINESS ADV OFFICE SUPPLIES 370993 8/22/24 39.14
STAPLES BUSINESS ADV OFFICE SUPPLIES 370993 8/22/24 108.86
STAPLES BUSINESS ADV OFFICE SUPPLIES 370993 8/22/24 74.32
THE STAR NEWS PUBLIC NOTICING 371000 8/22/24 181.94
TRANS-LANG TRANSLATION SERVICES FOR CITY COUNCIL MEETIN 371003 8/22/24 595.00
Total for Department 3,898.46
CMO
AMAZON MIKOLO MULTI-FUNCTION POWER CAGE. SQUAT RAC 370908 8/22/24 -217.50
COUNTY OF SAN DIEGO MAIL POSTAGE BILLING - JANUARY 2024 370931 8/22/24 3,061.66
COUNTY OF SAN DIEGO MAIL POSTAGE BILLING - APRIL 2024 370932 8/22/24 1,926.00
COUNTY OF SAN DIEGO MAIL POSTAGE BILLING - MAY 2024 370933 8/22/24 1,204.00
COUNTY OF SAN DIEGO MAIL POSTAGE BILLING - FEBRUARY 2024 370934 8/22/24 1,684.84
COUNTY OF SAN DIEGO MAIL POSTAGE BILLING - JUNE 2024 370935 8/22/24 2,305.01
SPARKLETTS WATER FOR FINANCE DEPARTMENT 370991 8/22/24 82.88
Total for Department 10,046.89
Community Services/Nutrition/Library
HOME DEPOT CREDIT SE HOME DEPOT REFUND/CSD 370888 8/20/24 -484.66
HOME DEPOT CREDIT SE BIG BLOWERS FOR CS DAY/CSD 370888 8/20/24 481.64
HOME DEPOT CREDIT SE CASA YOUTH PROGRAMMING SUPPLIES/CSD 370888 8/20/24 439.49
ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 370906 8/22/24 147.88
WARRANT REGISTER # 8
8/22/2024
1/8Page 175 of 267
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 8
8/22/2024
ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 370906 8/22/24 812.17
ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 370906 8/22/24 1,733.90
ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 370906 8/22/24 726.12
AMAZON U-TOOLIZE GRANT- RETURN FIBERGLAS STEPLADDE 370908 8/22/24 -201.04
AMAZON U-TOOLIZE GRANT- TOOLS FOR CHECK OUT AT 370908 8/22/24 538.57
AMAZON CAPITAL SERVI PORTABLE INFLATABLE SPORTS COURT C/O 080824/C 370909 8/22/24 1,131.00
AMAZON CAPITAL SERVI DESK SUPPLIES FOR ZAIDE/CSD 370909 8/22/24 44.37
BOOT WORLD WORK BOOTS FOR YURI PENA 370913 8/22/24 166.37
CONSTANT CONTACT INC PRE-PAYMENT SUBSCRIPTION/CSD 370929 8/22/24 3,788.65
COZZINI BROS., INC.KNIFE SHARPENING SERVICES FOR FY 25 370936 8/22/24 64.17
GUERRERO, FEDERICO RFW-CONT INST QUARTERLY PAYMENT GRP FOLK SU 370945 8/22/24 5,544.00
PACIFIC REFRIGERATIO SERVICE CALL CHARGE 370968 8/22/24 317.90
PRUDENTIAL OVERALL S LAUNDRY AND CONSUMABLES FOR FY25 370973 8/22/24 153.43
PRUDENTIAL OVERALL S LAUNDRY & CONSUMABLES AS NEEDED FOR NUTRIT 370973 8/22/24 148.36
PRUDENTIAL OVERALL S LAUNDRY & CONSUMABLES AS NEEDED FOR NUTRIT 370973 8/22/24 124.34
PRUDENTIAL OVERALL S LAUNDRY AND CONSUMABLES FOR FY25 370973 8/22/24 303.48
PRUDENTIAL OVERALL S LAUNDRY & CONSUMABLES AS NEEDED FOR NUTRIT 370973 8/22/24 437.69
PRUDENTIAL OVERALL S LAUNDRY & CONSUMABLES AS NEEDED FOR NUTRIT 370973 8/22/24 458.56
S & S RECREATION WOR SENIOR PROGRAMMING SUPPLIES/CSD 370976 8/22/24 193.07
SEAPORT MEAT COMPANY FOOD AS NEEDED FOR NUTRITION CTR. FY25 370984 8/22/24 476.00
STAPLES BUSINESS ADV MOP 45704 PROGRAMMING SUPPLIES/CSD 370992 8/22/24 69.26
STAPLES BUSINESS ADV MOP 45704 PROGRAMMING SUPPLIES/CSD 370992 8/22/24 147.90
STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES/CSD 370992 8/22/24 96.48
SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 370996 8/22/24 3,804.74
SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 370996 8/22/24 246.00
T'S & SIGNS INC ESPORTS T-SHIRTS AND MEDALS/CSD 370997 8/22/24 845.54
Total for Department 22,755.38
Engineering / PW's
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 370885 8/20/24 158.91
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 370885 8/20/24 107.66
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 370885 8/20/24 34.37
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 370885 8/20/24 223.74
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 370885 8/20/24 111.87
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 370885 8/20/24 308.45
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 370885 8/20/24 308.45
HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 370888 8/20/24 123.46
HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 370888 8/20/24 814.55
HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 370888 8/20/24 1,104.12
MAINTEX INC JANITORIAL SUPPLIES FY25-PW/FAC 370889 8/20/24 266.53
O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY25-PW/EQM 370890 8/20/24 95.66
O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY25-PW/EQM 370890 8/20/24 125.17
PACIFIC STATES PETRO HYDRAULIC OIL, ENGINE OIL FY25-PW/EQM 370891 8/20/24 1,099.79
PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 370892 8/20/24 43.46
PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 370892 8/20/24 201.06
PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 370893 8/20/24 160.86
PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 370894 8/20/24 46.85
2/8Page 176 of 267
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 8
8/22/2024
PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 370894 8/20/24 77.56
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 370895 8/20/24 26.89
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 370895 8/20/24 21.18
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/PARKS 370895 8/20/24 168.78
PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/EQM 370896 8/20/24 59.11
PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/FAC 370896 8/20/24 14.42
PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/PARKS 370896 8/20/24 70.66
PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/SEWER 370896 8/20/24 65.08
PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY24-PW/FAC 370896 8/20/24 198.14
SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 370897 8/20/24 290.36
SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/FAC 370898 8/20/24 88.21
SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY24-PW/PARKS 370898 8/20/24 69.47
SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 370898 8/20/24 489.81
SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 370898 8/20/24 90.27
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 510.99
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 127.62
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 475.51
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 376.85
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 127.62
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 1,520.21
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 127.62
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 262.27
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 127.62
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 1,232.83
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 807.77
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 127.62
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 713.85
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 106.59
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 227.91
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 127.62
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 127.62
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 437.51
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370899 8/20/24 194.59
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370899 8/20/24 102.87
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370899 8/20/24 8,618.72
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370899 8/20/24 11,375.38
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370899 8/20/24 113.99
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370899 8/20/24 146.54
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370899 8/20/24 6,750.00
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370899 8/20/24 4,032.29
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370899 8/20/24 112.96
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370899 8/20/24 530.72
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370899 8/20/24 112.96
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370899 8/20/24 160.14
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370900 8/20/24 77.85
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370900 8/20/24 66.53
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370900 8/20/24 26.09
SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES MAY-JUL FY25-PW 370900 8/20/24 46.31
3/8Page 177 of 267
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 8
8/22/2024
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 89.39
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 89.39
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 89.39
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 86.00
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 96.13
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FORMAY-JUL FY25-PW 370900 8/20/24 45.56
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 45.56
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 45.56
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 27.70
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 89.39
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 27.70
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 45.56
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 45.56
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 45.56
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 45.56
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 45.56
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 89.39
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 27.70
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 68.14
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 45.56
SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR MAY-JUL FY25-PW 370900 8/20/24 27.70
TURF STAR INC PARTS FOR PARKS MOWER FY25-PW/EQM 370901 8/20/24 285.53
VULCAN MATERIALS COM ASPHALT & ROCK MATERIALS FOR FY25-PW/STS 370903 8/20/24 1,035.17
AEP CALIFORNIA LLC NCPD FY24 LEASE VEHICLE LIGHTING 370905 8/22/24 7,613.13
ANSER ADVISORY MANAG NTP 5-5-21- SWEETWATER RD PROTECTED 370910 8/22/24 8,920.00
ANSER ADVISORY MANAG NTP 5-5-21- SWEETWATER RD PROTECTED 370910 8/22/24 16,050.00
ANSER ADVISORY MANAG NTP 5-5-21- SWEETWATER RD PROTECTED 370910 8/22/24 6,731.02
ANSER ADVISORY MANAG NTP 5-5-21- SWEETWATER RD PROTECTED 370910 8/22/24 1,377.00
ANSER ADVISORY MANAG NTP - FY24/25 NC WASTEWATER TAX ROLL UPDATE 370911 8/22/24 24,071.35
CALIFORNIA COMMERCIA CIP 22-01 LAS PALMAS SWIMMING POOL 370916 8/22/24 172,989.13
CALRECYCLE REFUND FOR CALRECYCLE BEV CONTAINER RECLYIN 370917 8/22/24 280.00
CANON SOLUTIONS AMER EQUIPMENT BASE CHARGE ENG PLOTTER/SCANNER 370918 8/22/24 88.57
CANON SOLUTIONS AMER EQUIPMENT USAGE CHARGE ENG PLOTTER/SCANNE 370918 8/22/24 36.03
CHEN RYAN ASSOCIATES CIP 23-13 24TH ST TRANSIT CENTER 370920 8/22/24 13,045.00
CHEN RYAN ASSOCIATES CIP 23-13 24TH ST TRANSIT CENTER 370920 8/22/24 11,801.96
CHEN RYAN ASSOCIATES CIP 23-1 FEASIBILITY STUDY FOR 24TH ST 370920 8/22/24 26,816.15
CHEN RYAN ASSOCIATES CIP 23-13 24TH ST TRANSIT CENTER 370920 8/22/24 14,672.39
CHEN RYAN ASSOCIATES ON-CALL PROJECT SUPPORT SERVICES~370920 8/22/24 1,411.25
CHEN RYAN ASSOCIATES CIP 22-13 ON-CALL PROJECT SUPPORT SERVICES 370920 8/22/24 2,927.50
COSCO FIRE PROTECTIO CITY HALL SPRINKLERS FY24-PW/FAC 370930 8/22/24 1,305.00
COSCO FIRE PROTECTIO NUTRITION CTR SPRINKLERS FY24-PW/FAC 370930 8/22/24 905.00
COSCO FIRE PROTECTIO MLK SPRINKLERS FY24-PW/FAC 370930 8/22/24 1,400.00
COSCO FIRE PROTECTIO FD SPRINKLERS FY24-PW/FAC 370930 8/22/24 805.00
COSCO FIRE PROTECTIO PD INSPECTION FY24-PW/FAC 370930 8/22/24 1,305.00
COSCO FIRE PROTECTIO SPRINKLER INSPECTION FY24-PW/FAC 370930 8/22/24 805.00
CUMMING CHEVROLET TRANSMISSION FOR FIRE VEH #085 FY25-PW/EQM 370937 8/22/24 6,587.61
D-MAX ENGINEERING IN T&A 90626- UNION TOWER APARTMENTS 370938 8/22/24 744.44
D-MAX ENGINEERING IN T&A 90539 – KIMBALL HIGHLAND WEST- 1221 D AVE.370938 8/22/24 137.85
4/8Page 178 of 267
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 8
8/22/2024
D-MAX ENGINEERING IN 90412- C AVE. CANYON- RANCHO ARROLLO VILLAS 370938 8/22/24 25.19
D-MAX ENGINEERING IN T&A 90634: IN-N-OUT BURGER- 1900 E PLAZA BLVD.370938 8/22/24 25.19
D-MAX ENGINEERING IN T&A 90562 – NC SAN YSIDRO HEALTH PACE CLINIC 370938 8/22/24 25.19
D-MAX ENGINEERING IN T&A 90538 – KIMBALL HIGHLAND EAST 370938 8/22/24 100.30
DICK MILLER INC CIP 22-09 EASTSIDE I-805 COMMUNITY GREENBELT P 370940 8/22/24 280,667.94
GRAINGER COMPRESSOR PUMPS FY25-PW/FAC 370944 8/22/24 6,093.11
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/STS 370944 8/22/24 140.55
GRAINGER MOP 65179 SEWER SUPPLIES FY25-PW/WW 370944 8/22/24 19.68
GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/STS 370944 8/22/24 61.12
HASA INC CHEMICALS FOR MUNICIPAL POOL FY25-PW/FAC 370947 8/22/24 627.89
HASA INC CHEMICALS FOR MUNICIPAL POOL FY25-PW/FAC 370947 8/22/24 702.07
HASA INC CHEMICALS FOR MUNICIPAL POOL FY25-PW/FAC 370947 8/22/24 1,392.90
HASA INC CHEMICAL PRODUCTS FOR MUNICIPAL POOL FY24-PW 370947 8/22/24 853.65
HASA INC CHEMICALS FOR MUNICIPAL POOL FY25-PW/FACQ 370947 8/22/24 1,901.03
HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 370958 8/22/24 118.55
HSCC INC CIP 23-06 KIMBALL PARK DOG PARK, TOT 370959 8/22/24 16,385.93
INNOVATIVE CONSTRUCT CIP 22-09 EASTSIDE I-805 GREENBELT 370961 8/22/24 43,008.00
KIMLEY HORN AND ON-CALL PROJECT SUPPORT SERVICES~370963 8/22/24 22,617.78
KIMLEY HORN AND ON-CALL PROJECT SUPPORT SERVICES~370963 8/22/24 11,070.23
LEIGHTON CONSULTING NTP - EASTSIDE I-805 COMMUNITY GREENBELT PROJ 370965 8/22/24 3,297.54
LEIGHTON CONSULTING NTP - EASTSIDE I-805 COMMUNITY GREENBELT PROJ 370965 8/22/24 4,508.11
NERI LANDSCAPE ARCHI NTP - LAS PALMAS PROJECT SCOPING 370967 8/22/24 4,725.00
NERI LANDSCAPE ARCHI NTP- PLAZA AND HARBISON IMPROVEMENTS 370967 8/22/24 4,560.00
POWERSTRIDE BATTERY MOP 67839 AUTO BATTERIES FY24-PW/EQM 370969 8/22/24 353.95
PRECISION TEMPERATUR DEFROST TIMER FOR PD FY24-PW/FAC 370970 8/22/24 983.45
PRECISION TEMPERATUR FREEZER LED LIGHT FOR PD FY24-PW/FAC 370970 8/22/24 3,193.66
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 370971 8/22/24 204.80
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 370971 8/22/24 316.95
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FAC 370971 8/22/24 123.29
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FAC 370972 8/22/24 148.00
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FAC 370972 8/22/24 79.78
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FAC 370972 8/22/24 107.19
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FAC 370972 8/22/24 80.99
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FAC 370972 8/22/24 437.34
PRO BUILD COMPANY MOP 45707 PARK SUPPLIES FY24-PW/PARKS 370972 8/22/24 105.91
PRO BUILD COMPANY CONCRETE FOR STREETS FY24-PW/STS 370972 8/22/24 497.04
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/STS 370972 8/22/24 388.64
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/STS 370972 8/22/24 139.29
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/STS 370972 8/22/24 113.20
PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/STS 370973 8/22/24 820.04
PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/WW 370973 8/22/24 65.08
RED WING BUSINESS SAFETY BOOTS FOR JUAN PICHE FY25-PW/STS 370975 8/22/24 200.00
RED WING BUSINESS SAFETY BOOTS FOR MANUEL AGUIRRE FY25-PW/STS 370975 8/22/24 200.00
SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY24-PW/PARKS 370985 8/22/24 87.17
SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY24-PW/PARKS 370985 8/22/24 13.18
SOLANA CENTER FOR PROVIDE STATE BILL (SB) 1383 COMPLIANCE 370988 8/22/24 1,891.25
SOUTHWEST CONSTRUCTI CIP 20-05 PISTOL RANGE HVAC AND SAFETY 370990 8/22/24 84,175.46
SOUTHWEST CONSTRUCTI CIP 20-05 PISTOL RANGE HVAC AND SAFETY 370990 8/22/24 16,115.86
5/8Page 179 of 267
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 8
8/22/2024
SUNBELT RENTALS, INC RENTAL OF AUGER FY24-PW/PARKS 370994 8/22/24 672.99
SUNBELT RENTALS, INC RENTAL OF AUGER FY24-PW/PARKS 370994 8/22/24 -179.34
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY25-PW/FAC 371004 8/22/24 35.76
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY25-PW/FAC 371004 8/22/24 265.01
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY25-PW/FAC 371004 8/22/24 499.92
VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY25-PW/FAC 371004 8/22/24 30.94
Total for Department 887,556.36
Finance
BRINK'S INCORPORATED TRANSPORTATION BILLING PERIOD 8/1/24-8/31/24 370914 8/22/24 567.87
CAPFORGE INC.RSWA CAPFORGE INC/PAYROLL BOARD STIPENDS 370919 8/22/24 145.00
CITY OF DEL MAR RSWA PAYMENT FOR HHW EDUCATIONAL FY 24/25 370922 8/22/24 7,000.00
CITY OF ENCINITAS RSWA PAYMENT FOR HHW EDUCATIONAL FY 24/25 370923 8/22/24 7,000.00
CITY OF ESCONDIDO RSWA PAYMENT FOR HHW EDUCATIONAL FY 24/25 370924 8/22/24 7,000.00
CITY OF NATIONAL CIT RSWA PAYMENT FOR EDUCATIONAL FY 24/25 370925 8/22/24 7,000.00
CITY OF POWAY RSWA PAYMENT FOR HHW EDUCATIONAL FY 24/25 370926 8/22/24 7,000.00
CITY OF SOLANA BEACH RSWA PAYMENT FOR HHW EDUCATIONAL FY 24/25 370927 8/22/24 7,000.00
CITY OF VISTA RSWA PAYMENT FOR HHW EDUCATIONAL FY 24/25 370928 8/22/24 7,000.00
FEDEX GROUND - BILLING THIRD PARTY 370942 8/22/24 17.69
HDL COREN & CONE CONTRACT SVCS PROPERTY TAX JULY - SEPTEMBER 370948 8/22/24 3,486.38
HEALTH NET INC GRP #GX011A - SEPTEMBER 2024 HEALTH NET INS 370949 8/22/24 34,130.47
HEALTH NET INC GRP. #LB439A - SEPTEMBER 2024 HEALTH NET INS 370950 8/22/24 23,241.08
HEALTH NET INC GRP. #LB439F - SEPTEMBER 2024 HEALTH NET INS 370951 8/22/24 777.39
HEALTH NET INC GRP. #N8240A - SEPTEMBER 2024 HEALTH NET INS 370952 8/22/24 2,019.15
HEALTH NET INC GRP #R1192A - SEPTEMBER 2024 HEALTH NET INS 370953 8/22/24 65,470.27
HEALTH NET INC GRP #R1192R - SEPTEMBER 2024 HEALTH NET - D. JO 370954 8/22/24 920.47
HEALTH NET INC GRP #ZI454A - SEPTEMBER 2024 HEALTH NET INS 370955 8/22/24 329.86
HEALTH NET INC GRP #ZI454F - SEPTEMBER 2024 HEALTH NET INS 370956 8/22/24 3.02
SOLANA CENTER FOR RSWA SB1383 COMPLIANCE SUPPORT FOR 6/1/24-6/3 370988 8/22/24 2,400.00
WOODRUFF & SMART RSWA REIMBURSEMENTS TO WSS THRU 6/30/24 371008 8/22/24 655.00
WOODRUFF & SMART RSWA GM SERVICES EXCESS OF RETAINER 371008 8/22/24 14,614.00
WOODRUFF & SMART RSWA GM MONTHLY INVOICE AUGUST 2024 371008 8/22/24 4,750.00
WOODRUFF & SMART RSWA LEGAL SERVICES EXCESS RETAINER 2024 371008 8/22/24 8,984.00
WOODRUFF & SMART RSWA LEGAL SERVICES AUGUST 2024 371008 8/22/24 2,500.00
Total for Department 214,011.65
Fire
HOME DEPOT CREDIT SE TOOLS FOR FIRE ST #34/HOME DEPOT 370888 8/20/24 482.78
HOME DEPOT CREDIT SE TOOLS FOR FIRE ST #34/HOME DEPOT 370888 8/20/24 837.33
HOME DEPOT CREDIT SE TOOLS FOR FIRE ST #34/HOME DEPOT 370888 8/20/24 277.31
HOME DEPOT CREDIT SE TOOLS FOR FIRE ST #34/HOME DEPOT 370888 8/20/24 226.05
HOME DEPOT CREDIT SE ROUGHNECK 32 GAL VENTED OUTDOOR REC 370888 8/20/24 226.05
HOME DEPOT CREDIT SE EMERGENCY ELECTRICAL REPAIRS-OUTLETS 370888 8/20/24 52.82
AMAZON STRIKE TEAM EQUIPMENT 370907 8/22/24 965.89
BAUER COMPRESSORS CONTROL MODULE 4500/5500 PSIG, TIC 370912 8/22/24 1,963.49
6/8Page 180 of 267
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 8
8/22/2024
DAY WIRELESS SYSTEMS RADIO REPAIR 370939 8/22/24 912.00
HALLIBURTON, TREVOR REIMBURSMENT EDUCATIONAL EXPENSE, S-90 370946 8/22/24 142.00
L N CURTIS & SONS XFT-NJ CROSSFIRE MONITOR AND BASE 370964 8/22/24 5,020.25
PRO BUILD COMPANY MOP 45707, 3-IN-1 MULTI PURPOSE OIL 370972 8/22/24 120.21
PRUDENTIAL OVERALL S MOP #45742 370973 8/22/24 25.00
SAFETY-KLEEN SYSTEMS GASTEC AQUEOUS PW SAMPLE TUBE 370977 8/22/24 260.61
SMART & FINAL MOP 45756, FIRST STREET WATER FOR THE FIRE STA 370986 8/22/24 248.30
STAPLES BUSINESS ADV MOP #45704, FIRE ADMIN OFFICE SUPPLIES 370992 8/22/24 143.23
THE COUNSELING TEAM EMPLOYEE SUPPORT SERVICES-4 -JULY 2024 370998 8/22/24 440.00
THE SUPPLY CACHE FIRE HOSE BANDS 371001 8/22/24 127.62
VIORA, BRIAN REIMBRSMT EXPNSS, AMBULANCE BUS ACADEMY, PR 371005 8/22/24 207.08
WAXIE SANITARY SUPPL JANITORIAL SUPPLIES FOR FIRE STATIONS 371006 8/22/24 2,080.87
WRIGHT & LESTRANGE CONSULTANT SHALL PROVIDE LEGAL OPINION 371009 8/22/24 3,826.59
Total for Department 18,585.48
Housing / Sec 8
CHULA VISTA EXTENDED HOTEL ASSISTANCE/ HOUSING 370921 8/22/24 3,795.00
KEYSER MARSTON ASSOC ON-CALL CONSULTING SERVICES 370962 8/22/24 14,102.50
RAMADA SAN DIEGO - S HOTEL ASSISTANCE/ HOUSING 370974 8/22/24 13,686.84
SBCS CORPORATION TBRA SBCS VII AGREEMENT FOR FY24 370983 8/22/24 47,958.00
Total for Department 79,542.34
Human Resources
FLORES, RICHARD M LICENSE REIMBURSEMENT-FLORES 370943 8/22/24 85.00
Total for Department 85.00
MIS
Total for Department 0.00
NSD
ACE UNIFORMS & ACCES UNIFORM HAT 370882 8/20/24 12.93
HYATT REGENCY ORANGE CACEO CONFERENCE HOTEL SORIANO 370960 8/22/24 1,110.87
PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SVC 370973 8/22/24 52.91
PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SVC 370973 8/22/24 31.85
SARMIENTO, GILBERT REIMBURSEMENT GILBERT SARMIENTO FOR POST O 370982 8/22/24 108.40
Total for Department 1,316.96
Police
CAMACHO, JOSEPH B REIMB: PEER SUPPORT BEREAVEMENT FLOWERS 370883 8/20/24 71.13
CAMACHO, JOSEPH B REIMB: PEER SUPPORT WELLNESS FLOWERS 370883 8/20/24 24.46
HEADSETS DIRECT, INC HEADSETS 370886 8/20/24 1,602.10
VERIZON WIRELESS DATA FOR SEARCH WARRANT / PD 370902 8/20/24 75.00
7/8Page 181 of 267
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 8
8/22/2024
ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 370904 8/22/24 20.45
ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 370904 8/22/24 86.18
ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 370904 8/22/24 581.74
ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 370904 8/22/24 -861.14
ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 370904 8/22/24 226.25
HENRY, ZACHARY R REIMB / UNIFORM - POLICE 370957 8/22/24 109.99
PRO BUILD COMPANY MOP 45704. SUPPLIES / POLICE 370972 8/22/24 54.61
SAN DIEGO MIRAMAR CO TRAINING TUITION FOR 137TH POLICE ACADEMY T30 370978 8/22/24 2,401.20
SAN DIEGO MIRAMAR CO TRAINING TUITION FOR DUI FOR BARAJAS AND SANC 370979 8/22/24 46.00
SAN DIEGO POLICE EQU BALLISTIC VESTS / MC CLURE / PD 370980 8/22/24 661.59
SAN DIEGO POLICE EQU BALLISTIC VESTS / SOTO / PD 370980 8/22/24 884.34
SANCHEZ, GILBERT EDUCATIONAL REIMBURSEMENT / PD 370981 8/22/24 343.00
SOSA, PAMELA POST TRAINING REIM FOR PLN 4 SDCRLI PRC PENDIN 370989 8/22/24 279.36
SYMBOLARTS, LLC BADGES, BADGE REPAIRS AND PINS FOR FY25 370995 8/22/24 515.57
SYMBOLARTS, LLC BADGES, BADGE REPAIRS AND PINS FOR FY25 370995 8/22/24 368.77
THE COUNSELING TEAM POA MEA PEER SUPPORT / JUNE 2024 370999 8/22/24 800.00
THE COUNSELING TEAM POA MEA PEER SUPPORT / MAY 2024 370999 8/22/24 800.00
THOMSON REUTERS INVESTIGATIVE SERVICE FOR DETECTIVES / JULY / P 371002 8/22/24 726.55
THOMSON REUTERS INVESTIGATIVE SERVICE FOR DETECTIVES / AUG / PD 371002 8/22/24 726.55
WILLY'S ELECTRONIC S MOP 45763. ELECTRICAL SUPPLIES / PD 371007 8/22/24 33.09
WILLY'S ELECTRONIC S MOP 45763. ELECTRICAL SUPPLIES / PD 371007 8/22/24 47.52
Total for Department 10,624.31
Risk
Total for Department 0.00
A/P Total 1,257,264.32
PAYROLL
Pay period Start Date End Date Check Date
17 7/23/2024 8/5/2024 8/14/2024 1,549,072.28
WIRED PAYMENTS
Engineering / PW's
CITY OF SAN DIEGO TRANSPORTATION / TREATMENT FEES FY 2025 539 8/16/24 1,893,570.00
Human Resources
ADMINSURE INC WORKERS' COMP ACCT REPLENISHMENT FOR 07/202 542 8/16/24 127,906.00
PAYCHEX BENEFIT TECH BENETRAC ESR SVCS BASE FEE-AUG 242280143 8/16/24 803.00
GRAND TOTAL 4,828,615.60
8/8Page 182 of 267
AGENDA REPORT
Department: Community Development
Prepared by: Angelita Palma, Housing Manager
Meeting Date: Tuesday, October 1, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Development and Disposition Agreement with Tower 999, LLC, for a Mixed-Use Housing Project
Including City-Owned Real Property Located at 921, 925, and 929 National City Blvd.
RECOMMENDATION:
Adopt the Resolutions Entitled:
1. “Resolution of the City Council of the City of National City, California, Authorizing the City
Manager to Execute a Disposition and Development Agreement with Tower 999, LLC, a
Nevada Limited Liability Company, for the Disposition of City-Owned Real Property
Located at 921, 925, and 929 National City Boulevard for the Development of a Seven-
Story, Mixed-Use Building with Approximately 9,294 Square Feet of Retail/Commercial
Space and 127 Rental Housing Units.”
2. “Resolution of the City Council of the City of National City, California, Authorizing the City
Manager to Execute the Compensation Agreement by and among the City of National City,
the County of San Diego, the National School District, the Sweetwater Union High School
District, Southwestern College, San Diego County Office of Education, and the San Diego
County Water Authority Pertaining to the Sale of Real Property Located at 921, 925, and
929 National City Boulevard in National City.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Resolution 2023-04
Resolution 2023-144
EXPLANATION:
Background of Proposed Project
The City of National City is the owner of real property located at 921, 925 and 929 National City
Boulevard (APN’s 556-471-03 and 556-471-04) (collectively, “City Property”). Tower 999, LLC
(“Developer”) is the owner of real property directly adjacent to the City Property located at 999
National City Boulevard (APN 556-471-17) (“Developer Property”). The Developer desires to
acquire the City Property from the City to develop a seven-story, mixed-use building with
Page 183 of 267
approximately 9,294 square feet of ground floor retail/commercial space and 127 residential
dwelling units (collectively, the “Project”) on the Developer Property and City Property (collectively
referred to as the “Project Property”).
In order for the Developer to avoid the Surplus Land Act property sale requirement of offering the
property to other affordable housing developers, local park and recreation districts, and school
districts the opportunity to purchase or lease the land before negotiating exclusively, the
Developer is exercising an exemption under the Surplus Land Act (California Government Code
Section 54221 Subdivision (f)(1)(A)) that requires that the affordability of 40% of the units be
restricted to very low- and low-income households for 55 years. The Project proposes to have no
onsite parking for the residential component and three parking spaces for the retail component.
The Project proposed to include laundry rooms and a large, a central plaza on the 4th floor, as
well as a 7,800-square-foot rooftop terrace.
Disposition and Development Agreement
On January 17, 2023, the City entered into an Exclusive Negotiating Agreement (“ENA”) to
negotiate the terms of the Developer’s acquisition and development of the City Property in the
form of a Disposition and Development Agreement (“DDA”). The ENA was amended four times
in order to extend the term of negotiations and expires on October 16, 2024. Staff has completed
negotiations of the proposed DDA for City Council’s consideration and is attached to the staff
report as Exhibit “A.” Table 1 below summarizes some of the major components of the DDA.
Once the City Council authorizes entering into the DDA, the Developer will work to complete the
terms and conditions for the transfer of the City Property, including but not limited to, securing all
government and building permit approvals by the closing deadline of December 31, 2025. Under
the DDA, City staff and its consultants will perform a full review of the Developer’s Project
financing before transferring ownership of the City Property to ensure that the Developer is still in
a firm position to complete the Project.
Table 1 – Summary of Major Components of the DDA
Affordable
Units1 (Section
100)
Forty percent (40%) of the total dwelling units in the Project will be
restricted for a period of fifty-five years after the Completion of
Construction for occupancy by Very Low-Income Households and
Low-Income Households.
Of the Affordable Units, at least fifty percent (50%) shall be restricted
for occupancy only by Very Low-Income Households at monthly rental
rates that do not exceed the Maximum Rents-Very Low-Income
Households, and the balance of the Affordable Units shall be occupied
by Low Income Households at monthly rental rates that do not exceed
the Maximum Rents-Low Income Households set forth in more detail
in the Regulatory Agreement.
1 Unit monthly rent and income chart provided in Exhibit “B”
Page 184 of 267
Regulatory
Agreement
(Section 100)
Form and format approved by the City in the City’s sole discretion,
which shall restrict the rent and occupancy of the Affordable Units for
fifty-five (55) years. The Regulatory Agreement shall require
Developer to pay annual occupancy monitoring fees imposed by the
City.
Closing
Deadline
(Section 100)
December 31, 2025.
In the event the Developer is not then in default under this Agreement,
the Closing Deadline: (a) may be extended, at the Developer’s sole
discretion, for a period of up to one (1) year (i.e., until December 31,
2026) if, the Federal Reserve’s Federal Funds rate as of December
31, 2025, has not decreased by one hundred (100) or more basis
points from that interest rate in effect on the date this Agreement is
executed by all parties and/or Developer has not secured a low
income housing tax credit for the Project; or (b) may be extended, at
the Developer’s written request to the City Manager, and in the sole
discretion of the City Manager, for a period of up to six (6) months.
Due Diligence
Period
(Section 201.1)
Period of time commencing on the date this Agreement is executed by
the City and ending at 5:00 p.m. Pacific Standard Time on June 30,
2025.
Developer may determine in the Developer’s sole and absolute
discretion, whether to proceed with the purchase of the City Property.
Developer may terminate this Agreement for any reason or for no
reason at all by delivering written notice of such termination to the City
and Escrow Agent.
After expiration of the Due Diligence Period, the Developer’s right to
terminate this Agreement for any reason, or for no reason at all, shall
expire.
Access and
Cooperation
during the Due
Diligence Period
(Section 201.2)
Developer and its representatives, consultants and attorneys shall
have access to the City Property.
Developer shall provide the City with copies of all surveys, studies and
tests obtained by Developer with respect to the Project Property.
“As-Is,”
“Where-Is”
(Section 201.3)
Developer hereby agrees to take title to the City Property in its “as-is,”
physical and environmental condition, with no warranty, express or
implied, by the City as to the condition of any existing improvements,
the soil, its geology, the presence of known or unknown faults or
Hazardous Materials or toxic substances, and Developer shall have
the sole responsibility at its own expense to investigate and determine
the physical and environmental conditions of City Property.
The City Property shall be conveyed to the Developer in an “as-is”
physical and environmental condition, with no warranty, express or
implied, by the City as to the condition of any existing improvements,
Page 185 of 267
the soil, its geology, the presence of known or unknown faults or
Hazardous Materials or toxic substances, and it shall be the sole
responsibility of the Developer at its expense to investigate and
determine the physical and environmental conditions.
Conditions to
Closing
(Section 203)
Closing is subject to satisfaction or waiver of the conditions outlined in
Section 203.1 on or before the Closing Deadline.
If any condition is not met by the Closing Deadline, the Agreement
may be terminated, unless both parties agree in writing to waive the
unsatisfied condition(s).
The conditions include obtaining approval for the Project Design and
Plan, securing all necessary entitlements and environmental
compliance, obtaining a title policy, agreeing on the forms of required
documents, completing financing arrangements, and obtaining
approvals from taxing entities for the transfer of the property.
The City's obligation to Closing is dependent on satisfying all
conditions outlined in Section 203.2 before the Closing Deadline.
The Developer's obligation to close the agreement is dependent on
satisfying or waiving all conditions outlined in Section 203.3 before
the closing deadline.
Cost of Project
(Section 307)
All costs of the Project whatsoever shall be borne by Developer,
including without limitation the cost of planning, the payment of any
required prevailing wages, if any, designing, developing and
constructing the Project in accordance with the Project Design and
Plan.
Compensation Agreement between Taxing Entities
The Revised Long-Range Property Management Plan (“LRPMP”) prepared by the Successor
Agency to the Community Development Commission as the National City Redevelopment Agency
(“Successor Agency”) addresses the disposition and use of the real properties that the Community
Development Commission of the City of National City previously owned. The City Property is
listed in the LRPMP as a property retained for future development and requires that a
Compensation Agreement be entered into by and among all of the Affected Taxing Entities
including the City of National City, the County of San Diego, the National School District, the
Sweetwater Union High School District, Southwestern College, San Diego County Superintendent
of Schools, and the San Diego County Water Authority.
In order for the Developer to provide the development subsidy to 40% of the housing units at the
required affordability under the Surplus Land Act exemption, the Developer’s project budget
proposes $50,000 as the total purchase price for the City Property. The Affected Taxing Entities
would receive a percentage of the purchase price as listed on Table 2 on the next page. With the
exception of the City of National City, all of the other Affected Taxing Entities have consented to
Page 186 of 267
the proposed purchase price for the City Property. The Compensation Agreement is attached to
the staff report as Exhibit “C.”
Table 2 – Taxing Entities & Fund Impact Ratio
Taxing Entities Fund Name FUND IMPACT RATIOS
County of San Diego (County General) 0.14927220
National School District 0.28785044
Sweetwater Union High School District 0.17612891
Southwestern College 0.04745948
San Diego County Office of Education 0.02113370
Educational Revenue Augmentation Fund2 0.13300694
City of National City 0.1812058
San Diego County Water Authority 0.0039425
TOTAL 1.00000000
FINANCIAL STATEMENT:
The City of National City will receive $9,060.29 from the sale of the City-owned Property. There
are no additional costs to the City’s General Fund. The Developer will pay, by the close of Escrow,
all consultants’, experts’ and attorneys’ fees reasonably incurred by the City.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
ENVIRONMENTAL REVIEW:
The approval of the Compensation Agreement or Development and Disposition Agreement is not
a project under CEQA and is therefore not subject to environmental review. CCR 15378; 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 – Disposition and Development Agreement
Exhibit B – Monthly Income and Rent Limit Charts
Exhibit C – Compensation Agreement
Exhibit D – Development and Disposition Agreement Resolution
Exhibit E – Compensation Agreement Resolution
2 Acceptance of the Compensation Agreement for the Educational Revenue Augmentation Fund is completed by the San Diego
County Office of Education.
Page 187 of 267
DISPOSITION AND DEVELOPMENT AGREEMENT
By and Among the
CITY OF NATIONAL CITY
and
TOWER 999, LLC
1Page 188 of 267
DISPOSITION AND DEVELOPMENT AGREEMENT
(Tower 999)
THIS DISPOSITION AND DEVELOPMENT AGREEMENT (“Agreement”) is dated as
of the __ day of ______________, 2024 by and between the City of National City (“City”), and
Tower 999, LLC, a Nevada limited liability company (“Developer”).
RECITALS
A.The City is the owner of certain real property generally located at 921, 925 and 929
National City Boulevard (APN’s 556-471-03 and 556-471-04) more particularly described on
Exhibit A attached hereto (collectively, the “City Property”). The City now desires to make
beneficial use of the underutilized City Property to generate affordable housing in furtherance of
its housing objectives and in compliance with local and state law.
B.Developer is the owner of certain real property generally located at 999 National
City Boulevard (APN 556-471-17) more particularly described on Exhibit B attached hereto
(“Developer Property”). The Developer Property is adjacent to the City Property. The Developer
Property and City Property are collectively referred to herein as the “Project Property.”
C.Developer desires to acquire the City Property from the City. Developer proposes
to and thereafter develop a seven-story, mixed-use building with approximately 9,294 square feet
of ground floor retail/commercial space and approximately 127 residential dwelling units
(collectively, the “Project”) on the Project Property, and has expressed a desire, willingness, and
capability to take on the expense, resources, and time necessary to maximize the Project Property’s
beneficial use of the Project Property in furtherance of the City’s housing objectives. Closing shall
be contingent upon the City and Developer agreeing, in writing to, the actual number of residential
dwelling units to be developed on the Project Property.
D.The purpose of this Agreement is to provide the terms and conditions for the sale
and transfer of the City Property to Developer and to set forth the terms and conditions for
Developer’s construction of the Project on the Project Property.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby
acknowledged, City, Developer hereby agree as follows:
100. Definitions.
“Affordable Units” means the forty percent (40%) of the total dwelling units in the Project
(by way of example only, if there will be 127 total units in the Project, then 40% = 51 Affordable
Units), which will be restricted for a period of fifty-five years after the Completion of Construction,
for occupancy by Very Low Income Households and Low Income Households. Of the Affordable
Units, at least fifty percent (50%) shall be restricted for occupancy only by Very Low Income
Households at monthly rental rates that do not exceed the Maximum Rents-Very Low Income
Households and the balance of the Affordable Units shall be occupied by Low Income Households
at monthly rental rates that do not exceed the Maximum Rents-Low Income Households set forth
2Page 189 of 267
in more detail in the Regulatory Agreement. Fractions resulting from the calculation of the number
of Affordable Units restricted to Very Low Income Households shall be rounded up and
Affordable Units restricted to Low Income Households shall be rounded down.
“Agreement” means this Disposition and Development Agreement between City and
Developer.
“Area Median Income” or “AMI” shall mean the area median income defined by U.S.
Department of Housing and Urban Development (HUD) as the then-current area median income
for the San Diego-Carlsbad Metropolitan Statistical Area, as adjusted for family size. When
determining income eligibility, Developer shall use the actual household size of the prospective
tenant(s). When determining rents, Developer shall use the household size appropriate for the
Affordable Unit.
“City” means the City of National City, a California municipal corporation.
“City Property” means that certain real property generally located at 921, 925 and 929
National City Boulevard (APN’s 556-471-03 and 556-471-04) more particularly described on
Exhibit A attached hereto.
“Close” or “Closing” means the Developer’s closing on acquisition of the City Property
and all funding necessary to construct the Project.
“Closing Deadline” means December 31, 2025; provided, however, in the event the
Developer is not then in default under this Agreement, the Closing Deadline: (a) may be extended,
at the Developer’s sole discretion, for a period of up to one (1) year (i.e., until December 31, 2026)
if, the Federal Reserve’s Federal Funds rate as of December 31, 2025, has not decreased by one
hundred (100) or more basis points from that interest rate in effect on the date this Agreement is
executed by all parties and/or Developer has not secured a low income housing tax credit for the
Project; or (b) may be extended, at the Developer’s written request to the City Manager, and in the
sole discretion of the City Manager, for a period of up to six (6) months.
“Completion of Construction” shall occur upon the filing or the issuance by the building
official of the City of a temporary certificate of occupancy for the residential component of the
Project.
“Construction Deed of Trust” means the deed of trust recorded against the Project Property
for purposes of obtaining senior construction financing for the Project.
“Default” means the failure of a party to perform any action or covenant required by this
Agreement within the time periods provided herein following notice and opportunity to cure, as
set forth in Section 500.1 hereof.
“Developer” means Tower 999, LLC, a Nevada limited liability company. Where the term
Developer is used herein, such term shall include any permitted nominee, assignee or successor in
interest as herein provided.
3Page 190 of 267
“Developer Property” means that certain real property generally located at 999 National
City Boulevard (APN 556-471-17) more particularly described on Exhibit B attached hereto.
“Due Diligence Period” means the period of time commencing on the date this Agreement
is executed by the City and ending at 5:00 p.m. Pacific Standard Time on June 30, 2025.
“Escrow” means the escrow depository and disbursement services to be performed by
Escrow Agent pursuant to the provisions of this Agreement.
“Escrow Agent” means Chicago Title Company or another title insurance company
mutually selected by the parties hereto.
“Escrow Instructions” shall mean the escrow instructions to be executed by the City and
Developer with respect to the Closing.
“Final Project Budget” means a budget prepared by Developer, and approved in the sole
discretion of the City Manager, setting forth all sources and uses for construction of the Project
and all projected income and expenses for operation of the completed Project. City Manager shall
complete its review of said budget within fifteen (15) business days and not unreasonably
withhold, condition, or otherwise delay, approval.
“Governmental Requirements” means all laws, ordinances, statutes, codes, rules,
regulations, orders and decrees of the United States, the state, the county, the City, or any other
political subdivision in which the Project Property is located, and of any other political subdivision,
agency or instrumentality exercising jurisdiction over City, Developer or the Project Property.
“Hazardous Materials” means any hazardous or toxic substance, material or waste which
is or becomes regulated by any local governmental authority, the State of California or the United
State Government. Provided, however, the term “Hazardous Materials” shall not include
substances typically used in the ordinary course of developing, operating and maintaining
apartment complexes in California, or small amounts of chemicals, cleaning agents and the like
commonly employed in routine household uses in a manner typical of occupants in other similar
properties, provided that such substances are used in compliance with applicable laws.
“Initial Project Budget” means the proforma budget attached hereto as Exhibit C and as
further set forth in Section 301.1.
“Low Income Household” means persons and families whose income does not exceed
eighty percent (80%) of the then-current Area Median Income, provided that such persons or
families meet the additional requirements set forth in the Regulatory Agreement.
“Maximum Rents-Low Income Households” shall mean the maximum amount of
consideration, of any kind whatsoever, that the Developer may receive , which monthly amount
shall not exceed the product of one twelfth (1/12) of thirty percent (30%) sixty percent (60%) of
the-then Area Median Income as adjusted for household size appropriate for the Affordable Unit,
4Page 191 of 267
less the utility allowance as determined in accordance with the utility allowance schedule
published annually by the CDC-HA.
“Maximum Rents-Very Low Income Households” shall mean the maximum amount of
consideration, of any kind whatsoever, that the Developer may receive, which monthly amount
shall not exceed the product of one twelfth (1/12) of thirty percent (30%) of fifty percent (50%) of
the then Area Median Income as adjusted for household size appropriate for the Affordable Unit,
less the utility allowance as determined in accordance with the utility allowance schedule
published annually by the CDC-HA.
“Permanent Deed of Trust” means the deed of trust recorded against the Project Property
for purposes of obtaining senior permanent financing for the Project.
“Permitted Transfer” is defined in Section 601.2, below.
“Project” means the seven-story, mixed-use building with approximately 9,294 square feet
of ground floor retail/commercial space and approximately 127 residential dwelling units
Developer shall construct on the Project Property, subject to further refinement by Developer prior
to Closing and approval by the City Manager in his reasonable discretion.
“Project Deed of Trust” means the subordinate deed of trust, in forms agreed to by the City
and Developer, to be executed by Developer and recorded against the Project Property at Closing.
The Project Deed of Trust shall be subordinated to the Construction Deed of Trust and Permanent
Deed of Trust. Any such subordination shall be in a form acceptable in the reasonable discretion
of the City Manager.
“Project Design and Plan” means the design and plan for the Project, which shall set forth
the design, plan and construction work, including without limitation, landscaping, flatwork and
similar work, to be done with respect to the Project, which shall be subject to the approval of the
City Manager, which approval shall not be unreasonably withheld, conditioned or delayed.
“Project Property” means, collectively, the Developer Property and City Property.
“Purchase Price” means the fair market value purchase price payable by the Developer to
the City in exchange for title and ownership as to the City Property.
“Regulatory Agreement” means a regulatory agreement, in a form and format approved by
the City in the City’s sole discretion, which shall restrict the rent and occupancy of the Affordable
Units for fifty-five (55) years. The Regulatory Agreement shall require Developer to pay an annual
occupancy monitoring fees imposed by the City.
“Very Low Income Household” means persons and families whose income does not exceed
fifty percent (50%) of the then-current Area Median Income, provided that such persons or families
meet the additional requirements set forth in the Regulatory Agreement.
200. Transfer of the City Property.
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Due Diligence.
200.1.1 Due Diligence Period. During the Due Diligence Period the
Developer may determine in the Developer’s sole and absolute discretion, whether to proceed with
the purchase of the City Property. During the Due Diligence Period, the Developer may terminate
this Agreement for any reason or for no reason at all by delivering written notice of such
termination to the City and Escrow Agent. After expiration of the Due Diligence Period, the
Developer’s right to terminate this Agreement for any reason, or for no reason at all, shall expire.
If this Agreement is terminated during the Due Diligence Period, then: (i) all rights and liabilities
of the City and Developer with respect to this Agreement shall immediately terminate, except for
rights and liabilities that specifically survive such termination; (ii) Escrow Agent shall return to
the Developer all funds or other things deposited in Escrow by the Developer, less any fees and
costs charged by the Escrow Agent; and (iii) Escrow Agent shall return to the City all funds or
other things deposited in Escrow by the City.
200.1.2 Access and Cooperation. During the Due Diligence Period, the
Developer and its representatives, consultants and attorneys shall have access to the City Property.
Developer shall provide the City with copies of all surveys, studies and tests obtained by Developer
with respect to the Project Property. Such access shall be at the sole risk and expense of Developer.
Developer shall indemnify and defend the City, and shall hold the City, the City’s agents and
employees and the City Property harmless from, any actions, losses, costs, damages, claims and/or
liabilities, including but not limited to, mechanics’ and materialmen’s liens and attorney fees,
proximately caused by the actions of Developer and/or its contractors or agents (including
Developer’s Consultants, as defined below) upon the City Property. The Developer shall not
permit any mechanic’s, materialman’s, contractor’s, subcontractor’s or other lien arising from any
work done by the Developer or its agents pursuant to this Agreement to stand against the City
Property. If any such lien shall be filed against the City Property, the Developer shall cause the
same to be discharged or bonded by payment, deposit, bond or otherwise within thirty (30)
calendar days after actual notice of such filing. The Developer’s obligations under this Section
shall survive the termination or expiration of this Agreement. If Developer desires to do any
invasive testing at the City Property, the Developer may do so only after obtaining City’s prior
written consent to the same, which consent may be withheld or granted on conditions to the City’s
satisfaction, provided, however, such consent shall not be unreasonably withheld or delayed if
such invasive testing will be for the purpose of further investigation of a known condition and such
invasive testing is recommended by a qualified specialist. The Developer shall promptly restore
the Project Property to the condition the City Property was in immediately prior to any tests or
inspections conducted pursuant to this Section at the Developer’s sole cost and expense. The
Developer shall provide the City with all plans, drawings and specifications (“Invasive Testing
Plans”) that define to the satisfaction of the City the invasive testing to be performed on the City
Property and the names of all environmental and other consultants, contractors and subcontractors
who will be performing such invasive testing (collectively “Developer’s Consultants”). The
Developer shall deliver the names of the Developer’s Consultants and the Invasive Testing Plans
to the City concurrently with its request to the City that the Developer desires to perform invasive
testing (unless the names of Developer’s Consultants have previously been provided to the City).
Before any of Developer’s Consultants or other contractors, consultants or agents acting for or on
6Page 193 of 267
behalf of Developer enter onto the City Property, Developer; and (2) shall furnish to City evidence
that the Developer’s Consultants or other contractors, consultants or agents of Developer have
procured commercial general liability insurance from an insurer authorized to do business in the
State of California, which is reasonably acceptable to City, insuring against claims for bodily
injury, death or damage to property in a single limit amount of not less than $1,000,000.00,
endorsed to name City as an additional insured.
200.1.3 “As-Is,” “Where-Is.” The City has not investigated and makes no
representations or warranties whatsoever regarding the condition of any of the City Property.
Developer hereby agrees to take title to the City Property in its “as-is,” physical and environmental
condition, with no warranty, express or implied, by the City as to the condition of any existing
improvements, the soil, its geology, the presence of known or unknown faults or Hazardous
Materials or toxic substances, and Developer shall have the sole responsibility at its own expense
to investigate and determine the physical and environmental conditions of City Property. The City
Property shall be conveyed to the Developer in an “as-is” physical and environmental condition,
with no warranty, express or implied, by the City as to the condition of any existing improvements,
the soil, its geology, the presence of known or unknown faults or Hazardous Materials or toxic
substances, and it shall be the sole responsibility of the Developer at its expense to investigate and
determine the physical and environmental conditions. Prior to Closing, the Developer shall have
the right to engage its own environmental consultant (the “Environmental Consultant”) and other
consultants to make such investigations of the City Property as the Developer deems necessary,
including any soils, geotechnical and other testing of the City Property, and the City shall promptly
be provided a copy of all reports and test results provided to the Developer by the Environmental
Consultant. It shall be the sole responsibility and obligation of the Developer to take such action
as may be necessary to place the physical and environmental conditions of the City Property in a
condition entirely suitable for the purposes set forth in this Agreement.
201. Consideration. The Purchase Price is Fifty Thousand Dollars ($50,000.00).
202. Escrow. Concurrently with the City’s execution and delivery of this Agreement to
Developer, Developer shall open the Escrow with Escrow Agent to facilitate the Closing and
recordation of the grant deed and such other matters as required under this Agreement. The parties
will execute the Escrow Instructions prior to the Closing, which Escrow Instructions shall provide
for the order of recordation, distribution of original documents and other provisions customarily
contained in escrow instructions. Upon the parties’ execution of the Escrow Instructions, the
Developer shall deposit three percent (3%) of the Purchase Price (i.e., $1,500.00; the “Earnest
Money”) into Escrow within five (5) calendar days, which amount shall be credited toward the
Purchase Price upon Closing and shall be refunded to the Developer in the event this Agreement
is terminated for any reason and the Closing does not occur. Upon Closing, Developer shall deposit
the balance of the Purchase Price, the sum of Forty Eight Thousand Five Hundred Dollars
($48,500.00) into the Escrow, which sum along with the Earnest Money shall be released to the
City by the Escrow Officer upon transfer of title of the City Property to the Developer. The
Developer shall pay all fees, charges, and costs which arise from Escrow, as well as all
documentary transfer taxes due with respect to the Developer’s acquisition of the City Property.
203. Conditions to Closing.
7Page 194 of 267
Closing Conditions in Favor of Both Developer and City. The Closing is
conditioned upon satisfaction or waiver of each and all of the conditions set forth in this Section
203.1, and its subparts, on or before the Closing Deadline. In the event that one or more of these
conditions are not satisfied on or before the Closing Deadline, then this Agreement shall be
terminated, unless the City and the Developer waive satisfaction of such condition or conditions
in writing, in which event the Closing shall proceed and the parties waive any right to damages or
compensation with respect to the unsatisfied condition.
(a) Project Design and Plan. Developer shall have obtained approval
from the City of the Project Design and Plan, including, without limitation, the actual
number of residential dwelling units and number of Affordable Units to be constructed on
the Project Property.
(b) Entitlements and Environmental Compliance. The Developer shall
have secured any and all land use and other entitlements, permits and approvals which may
be required for completion of the Project, including without limitation all approvals
required under the California Environmental Quality Act (the “Entitlements”) and the
Developer shall have adopted, and the City shall have approved, an environmental
remediation plan, if necessary. The Developer shall have paid any and all applicable fees
(including, without limitation, community facility district fees and public facilities fees due
at that time as imposed by the City or any other governmental agency having jurisdiction
with respect to the Project) (collectively, the “City and Permit Fees”) or shall pay such fees
concurrently with Closing. The execution of this Agreement does not constitute the
granting of or a commitment to obtain any required Entitlements.
(c) Title Policy. Escrow Agent is prepared and irrevocably obligated to
cause to be issued: (i) a title policy insuring the Developer’s fee ownership of the City
Property; and (ii) a title policy insuring the City’s Project Deed of Trust.
(d) Forms of Documents. The City and the Developer have agreed (or
will agree prior to Closing) to the forms of the grant deed, Regulatory Agreement and
Project Deed of Trust and all other documents reasonably necessary to complete the
Closing.
(e) Financing. All of the following shall have occurred: (i) City shall
have approved in writing all of the Developer’s proposed acquisition, construction and
permanent financing for the Project; (ii) concurrently with the Closing, the Developer shall
have closed on all of the City-approved financing necessary to acquire the City Property
and construct the Project; and (iii) Developer shall have obtained commitments for all of
the City-approved permanent financing of the Project.
(f) Taxing Entities. Approvals have been obtained from all affected
taxing entities with respect to the transfer of the City Property from the City to the
Developer.
8Page 195 of 267
Closing Conditions for the Benefit of the City. The City’s obligation to
Closing is conditioned upon satisfaction (or waiver) of each and all of the conditions set forth in
this Section 203.2 on or before the Closing Deadline. Any such waiver shall be effective only if
the same is (i) expressly waived in writing signed by the City or by email from the City, and (ii)
delivered or emailed to the Developer and Escrow Agent. In the event that one or more of the
conditions set forth in this Section 203.2 are not satisfied or expressly waived on or before the
Closing Deadline, the City (provided the City is not in default hereunder) may unilaterally
terminate this Agreement by mailing or emailing notice of conditional termination to the
Developer and Escrow Agent. After receipt of any such notice of conditional termination, the
Developer shall have ten (10) business days to cure any non-satisfaction of a condition or other
default specified in the notice of conditional termination, or such time as may be commercially
reasonable to cure in the event ten (10) business days is impracticable. If such matter is satisfied
or cured prior to the expiration of such ten (10) day period, then the Closing shall proceed. If such
matter remains unsatisfied or the default remains uncured after the expiration of said cure period,
then this Agreement shall terminate. Any such termination of this Agreement shall not release the
Developer from liability under this Agreement.
(a) No Default. The Developer is not in default of any of its obligations
under the terms of this Agreement and all representations and warranties made by the same
to the City contained herein shall be true and correct in all material respects.
(b) Insurance. The Developer shall have provided proof of insurance as
required in Section 301.3.
(c) Attorneys’ and Experts’ Fees. The Developer has paid prior to or
will pay concurrently with the Closing all consultants’, experts’ and attorneys’ fees
reasonably incurred by the City with respect to the same.
(d) Deposit of Documents. The Developer has delivered to Escrow
Agent duly executed and notarized originals of the Regulatory Agreement, Deed of Trust
and all other documents reasonably required by the City.
(e) Additional Documents. The deposit by the Developer into Escrow
of all other documents and instruments reasonably required by Escrow Agent.
(f) Final Project Budget. The City shall have approved the Final Project
Budget.
(g) Performance and Payment Bond. The Developer shall have caused
its contractor to post security in the form of a performance and payment bond for the Project
in an amount not to exceed the value of the construction contract and in a form acceptable
to the City in its reasonable discretion, to assure the completion of the Project Design and
Plan. The performance and payment bond shall insure that construction completion based
on the Project Design and Plan is timely accomplished, free and clear of mechanic’s liens,
stop notices and other encumbrances, concerning the provision of material, labor and
supplies. Upon a failure of by the Developer to timely perform its requirements under the
9Page 196 of 267
terms of this Agreement, the City may resort to the performance and payment bond to
ensure performance of this Agreement, by either requiring the bonding company, or its
designees, to comply with the terms of this Agreement, or at the election of the City, by
requiring the bonding company to pay all costs necessary for the City, to take over and
complete the construction as contemplated under the Project Design and Plan at the cost
and expense of the bonding company.
(h) Construction Contract. The construction contract for the Project
shall have been executed by the Developer and the general contractor who has been
selected by the Developer to do the work. The general contractor and the construction
contract for the Project shall be subject to the approval of City, which approval shall not
be unreasonably withheld, conditioned or delayed.
(i) FIRPTA. The deposit by Developer into Escrow of Developer’s
affidavit that Developer is not a foreign person and is a “United States Person” as such
term is defined in Section 7761(a)(30) of the Internal Revenue Code of 1986, in the form
prescribed by federal regulations.
(j) FTB Form 590. The deposit by Developer into Escrow of a duly
executed FTB Form 590 or other evidence that withholding is not required by the Revenue
and Taxation Code of California.
(k) Surplus Land Act Compliance. The proposed transfer of the City
Property to Developer has been definitively determined to have satisfied the requirements
of the California Surplus Land Act have been satisfied with respect to the transfer of the
City Property to Developer.
Closing Conditions for the Benefit of the Developer. The Developer’s
obligation to Close is conditioned on satisfaction or waiver of each and all of the conditions set
forth in this Section 203.3 on or before the Closing Deadline. Any such waiver shall be effective
only if the same is (i) expressly waived in writing signed by, or by email from, the Developer, and
(ii) delivered or emailed to the City and Escrow Agent. In the event that one or more of the
conditions set forth in this Section 203.3 are not satisfied or expressly waived on or before the
Closing Deadline, the Developer may unilaterally terminate this Agreement by mailing or emailing
notice of conditional termination to the City and Escrow Agent. After receipt of such notice of
conditional termination, the City shall have ten (10) business days to cure any non-satisfaction of
a condition or other default specified in the notice of conditional termination. If such matter is
satisfied or cured prior to the expiration of such ten (10) business day period, or such time as may
be commercially reasonable to cure in the event ten (10) business days is impracticable, then the
Closing shall proceed. If such matter remains unsatisfied or the default remains uncured after said
cure period, then this Agreement shall terminate. Any such termination of this Agreement shall
not release the City from liability under this Agreement.
(a) No Default. The City is not in default in any of its obligations under
the terms of this Agreement and all representations and warranties of the City contained
herein shall be true and correct in all material respects.
10Page 197 of 267
(b) Deposit of Documents. The City has delivered to Escrow Agent duly
an executed and notarized original of the grant deed and counterpart original of the
Regulatory Agreement.
(c) Additional Documents. The deposit by the City into Escrow of all
other documents and instruments reasonably required by Escrow.
204. Default. Notwithstanding Section 500.1, below, or anything contained
herein to the contrary, in the event of any Default after the Closing, but prior to Completion of
Construction beyond any applicable cure period (which cure period shall reasonably be extended
to practicably permit cure to commence and/or conclude), in the performance of any of the material
terms, covenants and conditions contained in this Agreement or any document or instrument
executed by the Developer in conjunction with this Agreement; (iii) any prior or junior note
secured by an encumbrance on the Project Property; (iv) in the event of the filing of a bankruptcy
proceeding by the Developer; or (v) in the event of the filing of a bankruptcy against the Developer
which is not dismissed within ninety (90) days of filing, then the Developer shall, immediately
upon demand from the City, convey the City Property to the City. If the Developer fails to
immediately, upon demand from the City, convey the City Property to the City, then: (a) the City
shall have the right to foreclose under the Project Deed of Trust; and (b) City shall be released
from any and all obligations to Developer under the terms of this Agreement. These remedies shall
be in addition to any and all other rights and remedies available to City, either at law or in equity.
205. Representations and Warranties.
City Representations and Warranties. The City represents and warrants to
Developer that the City has the full right, power and lawful authority to grant, sell and convey the
City Property to the Developer as provided herein and lawful authority to take all actions and
undertake all obligations required of the City under this Agreement.
Developer’s Representations and Warranties. The Developer represents and
warrants to City as follows:
(a) Authority. The Developer is a Nevada corporation authorized to do
business in the State of California. The persons executing this Agreement on behalf of the
Developer have all necessary authority to execute this Agreement on behalf of Developer,
and this Agreement is a binding obligation of Developer. Execution of this Agreement shall
not result with the passage of time or the giving of notice or both in breach of or in
acceleration of performance under any contract or document to which Developer may be a
party. A true and complete certificate of good standing, issued by the California Secretary
of State shall have been delivered to the City prior to the execution of this Agreement and
again within ten (10) calendar days of Closing. Developer has the full right, power and
lawful authority to purchase and accept the conveyance of the City Property and to
undertake all obligations as provided herein and the execution, performance and delivery
of this Agreement by Developer has been fully authorized by all requisite actions on the
part of Developer.
11Page 198 of 267
(b) No Conflict. Developer’s execution, delivery and performance of its
obligations under this Agreement will not constitute a default or a breach under any
contract, agreement or order to which Developer is a party or by which it is bound.
(c) No Bankruptcy. Developer is not the subject of a bankruptcy
proceeding.
(d) Rent and Occupancy Restrictions. Developer shall at all times after
the Closing during the 55-year term comply with the requirements of the Regulatory
Agreement.
206. Post-Closing Condition of the Project Property.
Developer Precautions After Closing. From and after the Closing,
Developer shall take all necessary precautions to prevent the release of any Hazardous Materials
in, on or under the Project Property. Such precautions shall include compliance with all
Governmental Requirements with respect to Hazardous Materials. In addition, Developer shall
install and utilize such equipment and implement and adhere to such procedures as are consistent
with commercially reasonable standards as respects the disclosure, storage, use, removal and
disposal of Hazardous Materials.
Required Disclosures After Closing. From and after the Closing, Developer
shall notify City, and provide the City with a copy or copies, of all environmental permits,
disclosures, applications, entitlements or inquiries relating to the Project and the Project Property,
including notices of violation, notices to comply, citations, inquiries, clean-up or abatement orders,
cease and desist orders, reports filed pursuant to self-reporting requirements and reports filed or
applications made pursuant to any Governmental Requirements relating to Hazardous Materials
and underground tanks. Developer shall report to the City, as soon as commercially reasonable
after each incident, any unusual or potentially important incidents with respect to the
environmental condition of the Project or the Project Property. In the event of a release of any
Hazardous Materials into the environment, Developer shall, as soon as possible after the release,
deliver to the City a copy of any and all reports relating thereto and copies of all correspondence
with governmental agencies relating to the release. Upon request, Developer shall deliver to the
City a copy or copies of any and all other environmental entitlements or inquiries relating to or
affecting the Project or the Project Property including, but not limited to, all permit applications,
permits and reports including, without limitation, those reports and other matters which may be
characterized as confidential.
207. Developer Indemnity. From and after the Closing, the Developer agrees to and shall
indemnify, defend and hold City harmless from and against any claim, action, suit, proceeding,
loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including,
without limitation, attorneys’ fees), resulting from, arising out of, or based upon any of the
following: (i) the presence, release, use, generation, discharge, storage or disposal of any
Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials
to or from, the Project Property, or (ii) the violation, or alleged violation, of any statute, ordinance,
12Page 199 of 267
order, rule, regulation, permit, judgment or license relating to the use, generation, release,
discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or
from, the Project Property. This indemnity shall include, without limitation, any damage, liability,
fine, penalty, parallel indemnity after closing cost or expense arising from or out of any claim,
action, suit or proceeding for personal injury (including sickness, disease or death), tangible or
intangible property damage, compensation for lost wages, business income, profits or other
economic loss, damage to the natural resource or the environment, nuisance, contamination, leak,
spill, release or other adverse effect on the environment. This indemnity does not include any
condition arising solely as a result of the negligence or willful misconduct of the City or its
employees, agents, representatives, predecessors, successors or assigns.
300. Scope of Construction.
City Review and Approval of the Project Design and Plan. Developer shall
prepare and submit a Project Design and Plan for the Project to the City for review and approval.
The City shall have the right to review and approve or disapprove all aspects of the Project Design
and Plan. Developer acknowledges and agrees that the City is entitled to approve or disapprove
the Project’s Design and Plan for the Project.
Standards for Disapproval. The City Manager shall have the right to
disapprove in its reasonable discretion any of the Project Design and Plan for the Project, as set
forth in Section 300.1, above, including without limitation if the same does not conform to this
Agreement or is otherwise incomplete. In the event the Project Design and Plan is not approved,
the City shall state in a writing provided to the Developer each of the reasons for disapproval.
Developer, upon receipt of notice of disapproval from the City, shall meet and confer with the City
Manager to resolve any disapproved aspects of the Project Design and Plan, and shall resubmit the
revised Project Design and Plan as soon as practicably possible thereafter for approval. The City
Manager and Developer agree to work together in good faith to resolve any disagreements and
disputes regarding the Project Design and Plan. Developer shall not be entitled to any monetary
damages or compensation as a result of the City Manager’s disapproval or failure to approve or
disapprove any Project Design and Plan.
Revisions. If Developer desires to propose any revisions to the Project
Design and Plan after approval, the Developer shall submit such proposed changes to the City
Manager. If the Project Design and Plan, as modified by the proposed changes, generally and
substantially conforms to the requirements of the Project Design and Plan and this Agreement, the
City Manager shall review the proposed changes and notify Developer in writing within thirty (30)
calendar days after submission to the City whether the proposed change is approved or
disapproved. The City Manager is authorized to approve changes to the Project Design and Plan.
Provided, however, the City Manager shall have no obligation to approve any change from the
basic use set forth in this Agreement.
Defects in Plans. The City shall not be responsible or liable in any way,
either to Developer or to any third parties, for any defects in the Project Design and Plan, or for
any structural or other defects in any work done according to the approved Project Design and
Plan, or for any delays caused by the review and approval processes established by this Section
13Page 200 of 267
300. Developer shall hold harmless and indemnify the City and its officers, employees, agents and
representatives from and against any and all claims, demands and suits for damages to property or
injuries to persons arising out of or in any way relating to the Project Property, including without
limitation any defects in the Project Design and Plan, violation of any laws, and for defects in any
work done according to the approved Project Design and Plan or for defects in work performed by
Developer or any contractor or subcontractor of Developer.
Land Use Approvals. Before commencement of the work or any works of
improvement at the Project Property as contemplated under the Project Design and Plan,
Developer shall, at Developer’s sole expense, secure or cause to be secured any and all
Entitlements which may be required for the Project Design Work and Plan by the City or any other
governmental agency affected by such construction or work. The execution of this Agreement does
not constitute the granting of or a commitment to obtain any required Entitlements or approvals.
Construction Commencement and Completion. Not later than sixty (60)
calendar days following the Closing, or as soon as commercially practicable thereafter, Developer
shall commence construction of the Project and shall continue such construction diligently and
without substantial delay in a good and workmanlike manner. Developer will complete the Project
substantially in accordance with the plans and specifications approved by the City, including any
additional specifications prescribed by the City at or before Closing, and in compliance with all
requirements of governmental authorities having or asserting jurisdiction. No material change
shall be made in the plans and specifications approved by the City, including any additional
specifications prescribed by the City, without the City’s prior written consent, which written
consent or disapproval shall be made by the City within seven (7) business days. The City shall
approve material design revisions provided the same are a logical evolution of the design and
preserve the integrity of the Project as previously approved by the City. Failure of the City to
provide its written consent or disapproval within seven (7) business days shall be deemed consent
to the material change. For purposes of this Section, “material change” means changes which, in
aggregate, increase or decreases the rehabilitation and construction costs by one percent (1%) or
more of the total Project cost. Completion of Construction shall occur not later than thirty (30)
months from the Closing. Failure to complete all of work contemplated under the Project Design
and Plan for the Project, shall, inter alia, be a default by Developer, entitling the City to exercise
all of its rights and remedies, including without limitation foreclosure of the Deed of Trust.
301. Cost of Project. All costs of the Project whatsoever shall be borne by Developer,
including without limitation the cost of planning, the payment of any required prevailing wages,
if any, designing, developing and constructing the Project in accordance with the Project Design
and Plan.
Initial Project Budget. The Developer has submitted the Initial Project
Budget to the City. The Initial Project Budget summarizes the current estimates of the sources and
uses of funds for the complete development of the Project. By its execution of this Agreement, the
City has given its approval to the Initial Project Budget.
Final Project Budget. Once the City and the Developer have agreed upon a
final sources and uses for the Project Design and Plan, then the parties shall replace the Initial
14Page 201 of 267
Project Budget with the Final Project Budget, which shall include development sources and uses
and an operating budget.
Insurance Requirements. Developer shall take out and maintain during the
term of the Regulatory Agreement, and Developer shall cause Developer’s general contractor and
subcontractors to take out and maintain until Completion of Construction of the Project, a
commercial general liability policy in the amount of not less than $4,000,000 combined single
limit policy for the general contractor and not less than $2,000,000 combined single limit policy
for subcontractors, and a commercial automobile liability policy in the amount of $2,000,000
combined single limit, or such other policy limits as the City may approve in its discretion,
including contractual liability, as shall protect the Developer and the City from claims for such
damages covered by the policies; the policy limits required herein may be achieved through the
use of a combination of primary and umbrella/excess liability policies. Such policies shall be
written on an occurrence form. Developer shall also furnish or cause to be furnished to the City
evidence satisfactory to the City that Developer, and any contractor with whom the Developer has
contracted for the performance of work on the Project or otherwise pursuant to this Agreement,
carries workers’ compensation insurance as required by law, which shall include a waiver of
subrogation endorsement in favor of the City. The Developer shall furnish a certificate of
insurance countersigned by an authorized agent of the insurance carrier. This countersigned
certificate shall name the City and its respective officers, agents, and employees as additionally
insured parties under the policy, and the certificate shall be accompanied by a duly executed
endorsement evidencing such additional insured status. The certificate and endorsement by the
insurance carrier shall contain a statement of obligation on the part of the carrier to notify the City
of any material change, cancellation or termination of the coverage at least ten (10) calendar days
in advance of the effective date of any such material change, cancellation or termination; should
the insurer not be able to afford the City such notice, then responsibility to provide the City such
notice shall be borne by the Developer. Coverage provided hereunder by the Developer shall be
primary insurance and not be contributing with any insurance maintained by the City and the policy
shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver
of subrogation for the benefit of the City. The required certificate shall be furnished by the
Developer prior to Closing. Insurance shall be written with only insurers authorized to conduct
business in California with a current policy holder’s alphabetic and financial size category rating
of not less than A: VII according to the current Best’s Key Rating Guide or a company of equal
financial stability that the City approves. In the event coverage is provided by non-admitted
“surplus lines” carriers, they must be included on the most recent List of Approved Surplus Line
Insurers maintained by the California Department of Insurance and otherwise meet rating
requirements set forth herein.
302. Additional Indemnity. The Developer shall be responsible for all injuries to persons
and/or all damages to real or personal property of the City or others, caused by or resulting from
the negligence of the Developer, and/or breach of this Agreement by the Developer, or its
employees, subcontractors and/or their agents during the term of this Agreement. The Developer
shall defend and hold harmless and indemnify the City and all of its officers and employees from
all costs, damages, judgments, expenses and claims to any third party resulting from the negligence
and/or breach of this Agreement, by the Developer or its directors, officers, partners, members,
employees, subcontractors and/or their agents and assigns or any employee, director, officer,
15Page 202 of 267
partners or member of Developer arising out of the development of the Project Property and/or the
breach of this Agreement, except those arising from the sole negligence or willful misconduct of
the City, its employees, representatives, agents, contractors, and/or officials.
303. Rights of Access. Upon forty-eight (48) hours’ written notice provided by the City,
the Developer agrees to allow the City and its representatives to access the Project Property to
review and inspect compliance with the terms of this Agreement pertaining to the construction of
the Project in accord with the Project Design and Plan. The City shall monitor the Developer’s
activities without liability for said inspection and review. This Section shall not be understood to
require the City to provide notice to perform its customary inspection, pursuant to its police power,
of all permitted work on the Project Property.
304. Compliance With Laws.
Prevailing Wage and Other Labor Standards. The Developer represents and
warrants that during the term of this Agreement that it will comply with all applicable State
prevailing wage requirements. The City retains the right to require the Developer and Project to
obtain a “Public Works Coverage Determination” from the California Department of Industrial
Relations prior to commencement of any demolition, construction or other “work,” as used in
Labor Code Section 1720, et seq., at the Property or on the Project.
The Developer shall carry out the design of the Project and construction of
the Project in conformity with all applicable laws, including all applicable state labor standards,
the City zoning and development standards, building, plumbing, mechanical and electrical codes,
and all other provisions of the Title 24 of the California Code of Regulations, and all applicable
disabled and handicapped access requirements, including without limitation the Americans With
Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq.,
Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51,
et seq. The Developer hereby agrees to carry out development, construction and operation of the
Project and Project Property, including, without limitation, any and all public works (as defined
by applicable law), in conformity with all applicable local, state and federal laws, including,
without limitation, all applicable federal and state labor laws, including, without limitation, any
requirement to pay State prevailing wages. The Developer shall have the obligation to provide
any and all disclosures, representations, statements, rebidding, and/or identifications which may
be required by Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or
amended from time to time, or any other provision of law. The Developer shall have the obligation
to provide and maintain any and all bonds to secure the payment of contractors (including the
payment of wages to workers performing any public work) which may be required by the Civil
Code, Labor Code Section 1781, as the same may be enacted, adopted or amended from time to
time, or any other provision of law. The Developer shall have the obligation, at Developer’s sole
cost, risk and expense, to obligate any party as may be required by Labor Code Sections 1726 and
1781, as the same may be enacted, adopted or amended from time to time, or any other provision
of law. The Developer shall indemnify, protect, defend and hold harmless the City and its
respective officers, employees, contractors and agents, with counsel reasonably acceptable to the
City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased
costs” (including labor costs, penalties, reasonable attorneys’ fees, court and litigation costs, and
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fees of expert witnesses) which, in connection with the completion of construction of the Project,
including, without limitation, any and all public works (as defined by applicable law), results or
arises in any way from any of the following: (i) the noncompliance by the Developer of any
applicable local, state and/or federal law, including, without limitation, any applicable federal
and/or state labor laws (including, without limitation, if applicable, the requirement to pay state
prevailing wages); (ii) the implementation of Sections 1726 and 1781 of the Labor Code, as the
same maybe enacted, adopted or amended from time to time, or any other similar law; (iii) failure
by the Developer to provide any required disclosure, representation, statement, rebidding and/or
identification which may be required by Labor Code Sections 1726 and 1781, as the same may be
enacted, adopted or amended from time to time, or any other provision of law; (iv) failure by the
Developer to provide and maintain any and all bonds to secure the payment of contractors
(including the payment of wages to workers performing any public work) which may be required
by the Civil Code, Labor Code Section 1781, as the same may be enacted, adopted or amended
from time to time, or any other provision of law; and/or (v) failure by the Developer to obligate
any party as may be required by Labor Code Sections 1726 and 1781, as the same may be enacted,
adopted or amended from time to time, or any other provision of law. It is agreed by the parties
that, in connection with the development, construction and operation of the Project Property,
including, without limitation, any public work (as defined by applicable law), the Developer shall
bear all risks of payment or non-payment of state prevailing wages and/or the implementation of
Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time
to time, and/or any other provision of law. “Increased costs” as used in this Section shall have the
meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or
amended from time to time. The foregoing indemnity shall survive termination of this Agreement.
Workforce Enhancement Initiative. The purpose of this Section, and its
subparts, is to set forth guidance so that all construction work relating to Project pursuant to this
Agreement may proceed continuously and without interruption, thereby assuring the timely and
cost-effective Completion of Construction, and to support the efforts of City to strive to implement
a form of construction career training through mentorship and opportunities for targeted workers
and local apprenticeship and pre-apprentice programs to the extent there is workforce interest and
it is financially feasible for the Developer with respect to the Project.
(a) Management Rights. The Developer and its general contractor retain
the full and exclusive authority for the management of its operations. The contractor shall direct
the workforce at its sole prerogative, including but not limited to the hiring, promotion, transfer,
layoff, discipline or discharge for just cause of its employees; the selection of foremen and general
foremen; the assignment and schedule of work; the promulgation of reasonable work rules; and,
the requirement of overtime work, the determination of when it will be worked, and the number
and identity of employees engaged in such work.
(b) Apprentices. The parties recognize the need to maintain continuing
support of the programs designed to develop adequate numbers of competent workers in the
construction industry, the obligation to capitalize on the availability of the local work force, and
the opportunities to provide continuing work under the construction program. To these ends, the
parties will use good faith efforts to facilitate, encourage, and assist an established apprenticeship
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program to commence and progress in labor/management apprenticeship and/or training programs
during the course of construction on the Project.
(c)Local Hires. The Developer will cause its general contractor to
ensure that individuals and firms located in or owned in substantial part by persons residing in the
area of the City of National City are used whenever possible, so long as the individual or firm is
qualified to perform such work, and is competitive in price. Such efforts (to the extent feasible and
permitted by law) shall include, but shall not be limited to: (i) including such firms, when qualified,
on solicitation mailing lists; (ii) encouraging their participation through direct solicitation of
proposals whenever they are a potential source; (iii) dividing total subcontract requirements, when
economically feasible, into smaller tasks or quantities to permit maximum participation by such
firms; and (iv) establishing delivery schedules, where the requirement permits, which encourages
participation by such firms.
(d)General Contractor. This Section shall apply and be limited to the
construction work relating to the Project to be performed by the general contractor selected and
engaged by the Developer. A copy of this Section shall be provided to the general contractor to
set forth guidance in hiring and other related labor practices.
Exclusions. Items specifically excluded from the scope of Section 304.2,
including its subparts, are as follows:
(a)the work of non-manual employees, including, but not limited to,
superintendents, supervisors, staff engineers, timekeepers, mail carriers, clerks, office workers,
messengers, guards, safety personnel, emergency medical and first aid technicians, and other
professional, engineering, consultants, administrative, supervisory, executive and management
employees; state inspectors or other public employees, post-construction tenant improvements,
emergency work, non-construction support services, creation and installation of art work, future
maintenance, and architectural, engineering, surveying or inspection services;
(b) off-site maintenance of leased equipment and on-site supervision of
such work;
(c)off-site laboratory work for testing;
(d) work performed by employees of an Original Equipment
Manufacturer (“OEM”) or vendor on the OEM’s or vendor’s equipment, if required by the
warranty agreement between the OEM or vendor and the Primary Employer or Developer in order
to maintain the warranty or guarantee on such equipment, and provided that the warranty
agreement is the OEM’s or vendor’s standard warranty agreement for such equipment and is
consistent with industry practice;
(e)all work related to the delivery, unloading, moving and installation
of the Developer’s individual, unattached pieces of furniture, furnishings, equipment or supplies;
18Page 205 of 267
(f) all hauling from and delivery to the Project and deliveries of all
materials required to complete the Project, except that the hauling/delivery of soil, sand, gravel,
aggregate, rocks, concrete, asphalt, excavation materials, fill material and construction debris; and
(g) the delivery, placement, servicing and removal of all temporary
toilets, site fencing, storage units, temporary offices and trash/recycling dumpsters, or any other
equipment or materials needed for the operation of the construction oversight.
305. Nondiscrimination in Employment. Developer certifies and agrees that all persons
employed or applying for employment by it, its affiliates, subsidiaries, or holding companies, and
all subcontractors, bidders and vendors, are and will be treated equally by it without regard to, or
because of race, color, religion, ancestry, national origin, sex, gender identity, age, pregnancy,
childbirth or related medical condition, medical condition (cancer related) or physical or mental
disability, and in compliance with Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section
2000, et seq., the Federal Equal Pay Act of 1963, 29 U.S.C. Section 206(d), the Age Discrimination
in Employment Act of 1967, 29 U.S.C. Section 621, et seq., the Immigration Reform and Control
Act of 1986, 8 U.S.C. Section 1324b, et seq., 42 U.S.C. Section 1981, the California Fair
Employment and Housing Act, Cal. Government Code Section 12900, et seq., the California Equal
Pay Law, Cal. Labor Code Section 1197.5, Cal. Government Code Section 11135, the Americans
with Disabilities Act, 42 U.S.C. Section 12101, et seq., and all other anti-discrimination laws and
regulations of the United States and the State of California as they now exist or may hereafter be
amended. Developer shall allow representatives of the City access to its employment records
related to this Agreement during regular business hours, and upon twenty four (24) hours’ written
notice to Developer to verify compliance with these provisions when so requested by the City.
306. Taxes and Assessments. After Closing, the Developer shall pay prior to
delinquency all ad valorem real estate taxes and assessments on the Project Property. Developer
shall remove or have removed any levy or attachment made after the Closing on the Project
Property, or any part thereof, or assure the satisfaction thereof within a reasonable time.
307. Liens and Stop Notices. Developer shall not allow any lien or stop notice to be
placed on the Project Property. If a claim of a lien or stop notice is given or recorded affecting the
Project Property, the Developer shall upon the earlier of: thirty (30) calendar days of such recorded
lien or stop notice or within fifteen (15) calendar days of the City’s demand as to such matter:
(a) pay and discharge the same;
(b) effect the release thereof by recording and delivering to the City a surety
bond in sufficient form and amount as approved by the City in its sole discretion; or
(c) provide the City with other assurance which the City deems, in its sole
discretion, to be satisfactory for the payment of such lien or bonded stop notice and for the
full and continuous protection of the City from the effect of such lien or bonded stop notice.
308. Financing of the Project.
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Encumbrances. With the exception of encumbrances arising from, or
relating to, state and/or federal agencies, prior to Completion of Construction, mortgages and deeds
of trust against the Project Property may be permitted only with the City’s prior written approval,
which approval shall not unreasonably be withheld, denied, or conditioned, and only for the
purpose of securing loans of funds to be used for financing the Project Design and Plan work, and
any other purposes deemed necessary and appropriate by the City in connection with the Project.
The Developer shall notify the City in advance of the execution or recordation of any mortgage or
deed of trust. The Developer shall not enter into any mortgage or deed of trust for financing without
the prior written approval of the City, which approval the City agrees to give if any such mortgage
or deed of trust for financing is given to a responsible financing lending institution or person or
entity, as determined by the City in its reasonable discretion.
Right of City to Cure Mortgage or Deed of Trust Default. Prior to
Completion of Construction, in the event of a mortgage or deed of trust default or breach by the
Developer, the Developer shall immediately deliver to the City a copy of any mortgage holder’s
notice of default. The City shall have the right but not the obligation to cure the default. In such
event, the City shall be entitled to reimbursement from the Developer of all costs and expenses
incurred by the City in curing such default, including without limitation attorneys’ fees.
309. Occupancy Monitoring and Inspection Fees; Records and Reports. For a period of
fifty-five (55) years, commencing upon Completion of Construction, the Developer shall pay to
the City an annual occupancy monitoring fee per unit per year (“Annual Loan Monitoring Fee”),
as determined by schedules printed by City and amended from time to time. For illustrative
purpose, the schedule containing the Annual Loan Monitoring Fee in effect at the time of this
Agreement’s execution is attached hereto as Exhibit D. Annual Loan Monitoring Fees shall be
paid by Developer to the City annually within thirty (30) calendar days after the City provides a
written invoice for the same. Developer shall supply City, annually, on May 31st, of each year
during the term of the Regulatory Agreement, for the immediately prior calendar year, such records
and reports relating to the Project Property as are required by the City to aid it in complying with
its reporting and record keeping requirements. The records and reports include the following
Project matters:
(a) Amount of funds expended pursuant to this Agreement;
(b) Eligible tenant information, including yearly income verifications;
(c) On-site inspection results;
(d) Housing payments charged to tenants;
(e) Affirmative marketing records;
(f) Insurance policies and notices;
(g) Equal Employment Opportunity and Fair Housing records;
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(h) Labor costs and records;
(i) Audited income and expense statement, balance sheet and statement of cash
flows for the Developer;
(j) Federal and State income tax returns for the calendar year, ending on the
preceding December 31st;
(k) Annual budget of reserves for repair and replacement;
(l) Annual certification and representation regarding status of all loans,
encumbrances and taxes;
(m) Such other and further information and records as the City reasonably
requires in light of changes in law demanding such additional material from
the Developer.
310. Accessibility Standards. The Developer represents and warrants that it will comply
with all federal, state and local requirements and regulations concerning access to the units by the
disabled and handicapped persons.
400. Covenants and Restrictions.
Affordable Units. Developer covenants and agrees for itself, its successors,
assigns, and every successor in interest to the Project Property, or any part thereof, that upon
Completion of Construction and thereafter, Developer shall comply with the Regulatory
Agreement for the period of time specified therein. The Closing is conditioned upon the execution,
and recordation of the Regulatory Agreement against the Project Property.
Maintenance Covenants. Developer represents and warrants that after
Completion of Construction, the Project and all of the Affordable Units shall continually be
maintained in a decent, safe and sanitary condition, and in good repair as described in 24 C.F.R.
§5.703, and in a manner which satisfies the Uniform Physical Conditions Standards promulgated
by the Department of Housing and Urban Development (24 C.F.R. §5.705), as such standards are
interpreted and enforced by the City under its normal policies and procedures. The Developer
warrants that all construction work shall meet or exceed the applicable local codes and construction
standards, including zoning and building codes of the City as well as the provisions of the Model
Energy Code published by the Council of American Building Officials. The Developer hereby
consents to periodic inspection by the City’ s designated inspectors and/or designees during regular
business hours and upon reasonable advance written notice of no less than 48 hours, including the
code enforcement agents of the City, to assure compliance with all applicable zoning, building
codes, regulations and property standards.
Nondiscrimination Covenants. The Developer covenants by and for itself
and any successors in interest that there shall be no discrimination against or segregation of, any
person or group of persons on the basis of race, color, creed, religion, sex, sexual orientation,
21Page 208 of 267
gender identity, marital status, national origin, ancestry, familial status, source of income or
disability of any person in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment
of the Project Property, nor shall any of them or any person claiming under or through it establish
or permit any such practice or practices of discrimination or segregation of any person or group of
persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government
Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of
subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, with reference to
the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
vendees of the Project Property. The foregoing covenants shall run with the land. All such deeds,
leases or contracts shall contain or be subject to substantially the following nondiscrimination or
nonsegregation clauses:
(a) Deeds. In deeds: “The grantee herein covenants by and for itself, its
successors and assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color,
religion, sex, sexual orientation, disability, medical condition, familial status, source of income,
marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any person claiming
under or through it, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run
with the land.”
(b) Leases. In leases: “The lessee herein covenants by and for itself, its
successors and assigns, and all persons claiming under or through them, and this lease is made and
accepted upon and subject to the following conditions: That there shall be no discrimination
against or segregation of any person or group of persons, on account of race, color, religion, sex,
sexual orientation, gender identity disability, medical condition, familial status, source of income,
marital status, national origin or ancestry in the leasing, subleasing, renting, transferring, use,
occupancy, tenure or enjoyment of the land herein leased, nor shall lessee itself, or any person
claiming under or through it, establish or permit such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of tenants, lessees,
sublessees, subtenants or vendees in the land herein leased.”
(c) Contracts. In contracts for the rental, lease or sale of the Project:
“There shall be no discrimination against or segregation of any person or group of persons on
account of race, color, religion, sex, sexual orientation, gender identity, disability, medical
condition, familial status, source of income, marital status, national origin or ancestry in the sale,
lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee
itself or any person claiming under or through it, establish or permit any such practice or practices
of discrimination or segregation with reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sublessees or vendees of the land.”
401. Obligation to Refrain from Discrimination.
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State and Federal Requirements. Developer shall, at all times during the
term of this Agreement, comply with all of the affirmative marketing procedures adopted by the
City, unless otherwise prohibited by law. The Developer shall maintain records to verify
compliance with the applicable affirmative marketing procedures and compliance. Such records
are subject to inspection by the City during regular business hours upon five (5) calendar days’
written notice.
Additional Requirements. The Developer hereby agrees to comply with the
Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices
Act, and any other applicable Federal and State laws and regulations.
Fair Housing Laws. All activities carried out by the Developer and/or its
agents shall be in accordance with the requirements of the Federal Fair Housing Act. The Fair
Housing Amendments Act of 1988 became effective on March 12, 1989. The Fair Housing
Amendments Act of 1988 and Title VIII of the Civil Rights Act of 1968, taken together, constitute
the Fair Housing Act. The Fair Housing Act provides protection against the following
discriminatory housing practices if they are based on race, sex, gender identity, religion, color,
handicap, familial status, or national origin: denying or refusing to rent housing, denying or
refusing to sell housing, treating differently applicants for housing, treating residents differently
in connection with terms and conditions, advertising a discriminatory housing preference or
limitation, providing false information about the availability of housing, harassing, coercing or
intimidating people from enjoying or exercising their rights under the Fair Housing Act,
blockbusting for profit, persuading owner to sell or rent housing by telling them that people of a
particular race, religion, etc. are moving into the neighborhood, imposing different terms for loans
for purchasing, constructing, improving, repairing, or maintaining a home, or loans secured by
housing; denying use or participation in real estate services, e.g., brokers’ organizations, multiple
listing services, etc. The Fair Housing Act gives HUD the authority to hold administrative hearings
unless one of the parties elects to have the case heard in U.S. District Court and to issue subpoenas.
Both civil and criminal penalties are provided. The Fair Housing Act also provides protection for
people with disabilities and proscribes those conditions under which senior citizen housing is
exempt from the prohibitions based on familial status. The following State of California Laws also
govern housing discrimination and shall be complied with by Developer: Fair Employment and
Housing Act, Unruh Civil Rights Act of 1959, Ralph Civil Rights Act of 1976, and Civil Code
Section 54.1.
402. Effect of Violation of the Terms and Provisions of this Agreement. The City is
deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running
with the land, for and in its own right and for the purposes of protecting the interests of the
community and other parties, public or private, in whose favor and for whose benefit this
Agreement and the covenants running with the land have been provided, without regard to whether
the City has been, remains or is an owner of any land or interest therein in the Project Property.
The City shall have the right, if this Agreement or its covenants are breached, to exercise all rights
and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings
to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and
covenants may be entitled.
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500. Defaults and Remedies.
Default Generally. Failure by the City or Developer to perform any action
or covenant required by this Agreement within the time periods provided herein following notice
and failure to cure as described hereafter, constitutes a “Default” under this Agreement. A party
claiming a Default shall give written notice of Default to the other party specifying the alleged
Default. Except as otherwise expressly provided in this Agreement, the claimant shall not institute
any proceeding against any other party, and the other party shall not be in Default if: (i) such
alleged Default is cured thirty (30) calendar days from receipt of such written notice: or (ii) if the
alleged Default is such that it is not capable of being cured within thirty (30) calendar days, but
corrective action is initiated within thirty (30) calendar days and the allegedly defaulting party
diligently and in good faith works to effect a cure as soon as possible.
Institution of Legal Actions. In addition to any other rights or remedies and
subject to the restrictions otherwise set forth in this Agreement, any party may institute an action
at law or equity to seek specific performance of the terms of this Agreement, or to cure, correct or
remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent
with the purpose of this Agreement. Such legal actions must be instituted in the County of San
Diego, State of California, downtown branch, or in the District of the United States District Court
in the County of San Diego.
501. Entry and Vesting of Title in City Prior to Completion of Construction.
Right of Reentry. In addition to all other rights and remedies the City may
have at law or in equity, the City has the right, at its election, to enter and take possession of the
City Property and all improvements thereon, and terminate and revest the fee interest in the City
Property in the City if after Closing, the Developer:
(a) fails to start construction of the Project as required by this
Agreement for a period of sixty (60) days after written notice thereof from City; or
(b) abandons or substantially suspends construction of the Project
required by this Agreement for a period of sixty (60) days after written notice thereof from
City, subject to any extensions which may be agreed upon pursuant to Section 600.2 herein;
or
(c) transfers or suffers any involuntary transfer of the Project Property
or any part thereof in violation of, or contrary to, the provisions of this Agreement.
Limitations on Right of Entry. Such right to enter and vest shall be subject
to and be limited by and shall not defeat, render invalid or limit any mortgage or deed of trust
permitted by this Agreement that is senior to the Project Deed of Trust.
Termination of Right of Entry. The City’s right to enter and take possession
of the City Property and all improvements thereon, and terminate and revest same in the City, shall
terminate upon the timely Completion of Construction of the Project.
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502. Rights and Remedies are Cumulative. Except as otherwise expressly stated in this
Agreement, the rights and remedies of the parties are cumulative, and the exercise by any party of
one or more of such rights or remedies shall not preclude the exercise by it, at the same or different
times, of any other rights or remedies for the same default or any other default by the other party.
503. Inaction Not a Waiver of Default. Any failures or delays by any party in asserting
any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of
any such rights or remedies, or deprive either such party of its right to institute and maintain any
actions or proceedings which it may deem necessary to protect, assert or enforce any such rights
or remedies shall govern the interpretation and enforcement of this Agreement.
600. General Provisions.
Notices, Demands and Communications Between the Parties. All notices
under this Agreement shall be in writing and sent (a) by certified or registered U.S. mail, return
receipt requested, (b) overnight by a nationally recognized overnight courier such as UPS
Overnight or FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or
refusal to accept delivery). All notices shall be delivered to the following addresses or such other
addresses as changed by any party from time to time by written notice to the other parties hereto.
To City: City of National City
1243 National City Boulevard
National City, CA 91950
Attention: Community Development Director
To Developer: Tower 999, LLC
4100 W Flamingo Rd, Suite 1416
Las Vegas, NV 89103
Attn: Cyrus Rapinan
With Copy To: Shift Capital
3400 J St Suite #G11,
Philadelphia, PA 19134
Attention: Gregg DiFabio
Enforced Delay; Extension of Times of Performance. In addition to specific
provisions of this Agreement, performance by any party hereunder shall not be deemed to be in
Default, and all performance and other dates specified in this Agreement shall be extended, where
delays or Defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires;
casualties; acts of God; acts of the public enemy; epidemics; pandemics; quarantine restrictions;
freight embargoes; lack of transportation; governmental restrictions or priority; litigation;
unusually severe weather; acts or omissions of the other party; or any other causes beyond the
control and without the fault of the party claiming an extension of time to perform.
Notwithstanding anything to the contrary in this Agreement, an extension of time for any such
cause shall be for the period of the delay and shall commence to run from the time of the
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commencement of the cause, if notice by the party claiming such extension is sent to the other
party within ten (10) business days of the commencement of the cause. Times of performance
under this Agreement may also be extended in writing by the mutual agreement of the City
Manager and Developer.
601. Transfers of Interest in Property or Agreement.
Prohibition. The qualifications and identity of Developer are of particular
concern to the City. It is because of those qualifications and identity that the City has entered into
this Agreement with Developer. Until Completion of Construction, no voluntary or involuntary
successor in interest of Developer shall acquire any rights or powers under this Agreement, nor
shall Developer make any total or partial sale, transfer, conveyance, assignment, subdivision,
refinancing or lease of the whole or any part of the Project Property, or the improvements thereon,
without prior written approval of the City, which approval shall not be unreasonably withheld,
delayed, conditioned or denied. Any proposed total or partial sale, transfer, conveyance,
assignment, subdivision, refinancing or lease of the whole or any part of the Project Property or
the improvements thereon will entitle City to its right of reentry and revesting as set forth in Section
501, and its subparts, hereof. For the reasons cited above, Developer represents and agrees for
itself and any successor in interest to the Project Property that without the prior written approval
of the City, there shall be no significant change in the ownership of Developer or with respect to
the identity of the parties in control of Developer or the degree thereof, by any method or means.
Developer shall promptly notify the City of any and all changes whatsoever in the identity of the
parties in control of the same or the degree thereof, of which it or any of its officers have been
notified or otherwise have knowledge or information. Any change (voluntary or involuntary) in
the composition, management or control of Developer shall be a Default, except as otherwise
permitted hereunder.
Permitted Transfers. Notwithstanding any other provision of this
Agreement to the contrary, the City approval of an assignment of this Agreement or conveyance
of the Project Property or the improvements thereon, or any part thereof, will be granted in
connection with any of the following, subject to the City and the applicable party executing
appropriate documents of transfer which contain any exceptions or reservation of rights permitted
under this Agreement (each a “Permitted Transfer”):
(a) The conveyance or dedication of any portion of the Project Property
to the City or other governmental agency, or the granting of easements or permits to
facilitate completion of construction of the Project; or
(b) Any conveyance for financing purposes (provided such financing is
specifically allowed under this Agreement), including the Construction Deed of Trust and
Permanent Deed of Trust.
Assignment by the City. The City may assign or transfer this Agreement in
its entirety, or any of its rights or obligations hereunder.
26Page 213 of 267
Successors and Assigns. All of the terms, covenants and conditions of this
Agreement shall be binding upon parties to the Agreement and their respective, permitted
successors and assigns.
602. Non-Liability of Officials and Employees
City. No member, official or employee of the City shall be personally liable
to Developer, or any successor in interest, in the event of any Default or breach of this Agreement
or for any amount which may become due to Developer or its successors, or on any obligations
under the terms of this Agreement.
Developer. No member, directors, official or employee of the Developer
shall be personally liable to the City, or any successor in interest, in the event of any Default or
breach of this Agreement or for any amount which may become due to the City or City or its
successors, or on any obligations under the terms of this Agreement.
603. Relationship Among the City and Developer. It is hereby acknowledged that the
relationship among the City and Developer is that of independent contractors and not that of a
partnership or joint venture and that the City and Developer shall not be deemed or construed for
any purpose to be the agent of the other. The Developer agrees to indemnify, hold harmless and
defend the City and Developer from any claim made against the City arising from a claimed
relationship of partnership or joint venture among the City and Developer.
604. City Approvals and Actions. Whenever a reference is made herein to an action or
approval to be undertaken by the City, the City Manager or designee is authorized to act on behalf
of the City unless specifically provided otherwise or the context should require otherwise.
605. Counterparts. This Agreement may be signed in multiple counterparts which, when
signed by all parties, shall constitute a binding agreement.
606. Integration. This Agreement contains the entire understanding between the parties
relating to the subject matter of this Agreement. All prior or contemporaneous agreements,
understandings, representations and statements, oral and written, are merged in this Agreement
and shall be of no further force or effect. Each party is entering this Agreement based solely upon
the representations set forth herein and upon each party’s own independent investigation of any
and all facts such party deems material. All exhibits referred to in this Agreement are hereby
incorporated in this Agreement by this reference, regardless of whether or not the exhibits are
actually attached to this Agreement. The Recitals to this Agreement are hereby incorporated in this
Agreement by this reference.
607. No Real Estate Brokerage Commissions. The City and Developer each represent
and warrant to the others that no broker or finder is entitled to any commission or finder’s fee in
connection with the Project Property. The parties agree to defend and hold harmless the other party
from any claim to any such commission or fee from any broker, agent or finder with respect to this
Agreement which is payable by such party.
27Page 214 of 267
608. Attorneys’ Fees. The parties agree that the prevailing party in litigation for the
breach and/or interpretation and/or enforcement of the terms of this Agreement shall be entitled to
their expert witness fees, if any, as part of their costs of suit, and reasonable attorneys’ fees as may
be awarded by the court, pursuant to California Code of Civil Procedure (“CCP”) Section 1033.5
and any other applicable provisions of California law, including, without limitation, the provisions
of CCP Section 998.
609. Titles and Captions. Titles and captions are for convenience of reference only and
do not define, describe or limit the scope or the intent of this Agreement or of any of its terms.
References to section numbers are to sections in this Agreement, unless expressly stated otherwise.
610. Interpretation. As used in this Agreement, masculine, feminine or neuter gender
and the singular or plural number shall be deemed to include the others where and when the context
so dictates. The word “including” shall be construed as if followed by the words “without
limitation.” This Agreement shall be interpreted as though prepared jointly by both parties.
611. No Waiver. A waiver by any party of a breach of any of the covenants, conditions
or agreements under this Agreement to be performed by the other party shall not be construed as
a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or
conditions of this Agreement.
612. Modifications. Any amendment, alteration, change or modification of or to this
Agreement, in order to become effective, shall be made in writing and in each instance signed on
behalf of each party (any amendment, alteration, change or modification of this Agreement on
behalf of the City, including without limitation changes to the economic terms of this Agreement
and its exhibits, shall be made on behalf of the City by the City Manager in the City Manager’s
sole discretion).
613. Severability. If any term, provision, condition or covenant of this Agreement or its
application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the
remainder of this Agreement, or the application of the term, provision, condition or covenant to
persons or circumstances other than those as to whom or which it is held invalid or unenforceable,
shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
614. Computation of Time. The time in which any act is to be done under this Agreement
is computed by excluding the first day (such as the day escrow opens), and including the last day,
unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term
“holiday” shall mean all holidays as specified in Section 6700 and 6701 of the California
Government Code. If any act is to be done by a particular time during a day, that time shall be
Pacific Time Zone time.
615. Legal Advice. Each party represents and warrants to the other the following: they
have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge
of any right which they may have; they have received independent legal advice from their
respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen
not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely
28Page 215 of 267
signed this Agreement without any reliance upon any agreement, promise, statement or
representation by or on behalf of the other parties, or their respective agents, employees, or
attorneys, except as specifically set forth in this Agreement, and without duress or coercion,
whether economic or otherwise.
616. Time of Essence. Time is expressly made of the essence with respect to the
performance by the City and Developer of each and every obligation and condition of this
Agreement.
617. Cooperation. Each party agrees to cooperate in good faith with the other in this
transaction and, in that regard, to sign any and all documents which may be reasonably necessary,
helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not
limited to, releases or additional agreements.
618. Conflicts of Interest. No member, official or employee of the City shall have any
personal interest, direct or indirect, in this Agreement, nor shall any such member, official or
employee participate in any decision relating to the Agreement which affects his personal interests
or the interests of any corporation, partnership or association in which he is directly or indirectly
interested.
619. Exhibits and Recitals Incorporated. All exhibits referred to in this Agreement are
hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits
are actually attached to this Agreement. The recitals to this Agreement are hereby incorporated in
this Agreement by this reference.
620. Applicable Law. The laws of the State of California shall govern the interpretation
and enforcement of this Agreement.
621. Alternative Dispute Resolution. Any controversy or dispute arising out of this
Agreement shall be settled or determined by direct negotiation, mediation or litigation in the
County of San Diego, California. In the event that either party reasonably determines that a dispute
exists, such party shall promptly notify the other in writing as to the general nature of the dispute
and as to dates and times that such party’s authorized representatives are available to discuss
settlement. Within ten (10) calendar days of said notice, or as soon as reasonably practicable for
both parties thereafter, the parties shall meet and negotiate in a good faith attempt to settle the
dispute. In the event that the parties are unable to settle the dispute within ten (10) calendar days
after such meeting, the parties shall select a mediator from the list of approved mediators
maintained by the Superior Court for San Diego County or such other mediator as the parties may
agree. The parties shall cooperate with such mediator to schedule a mediation at the earliest
feasible date and shall comply with any reasonable conditions imposed on such mediation by the
mediator. The mediator’s fee shall be divided equally between the parties. In the event that the
parties fail to resolve the dispute through mediation within thirty (30) calendar days after it is
submitted to the mediator, either party may file suit in the Superior Court of the State of California,
San Diego County for resolution of the dispute.
29Page 216 of 267
622. Authority to Sign. All individuals signing this Agreement for a party which is a
corporation, limited liability company, partnership or other legal entity, or signing under a power
of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the
City that they have the necessary capacity and authority to act for, sign and bind the respective
entity or principal on whose behalf they are signing.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the date first written above.
CITY:
City of National City
By: ______________________________
Benjamin A. Martinez, City Manager
APPROVED AS TO FORM:
By: ______________________________________
Barry J. Schultz, City Attorney
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
30Page 217 of 267
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EXHIBIT B
DEVELOPER PROPERTY LEGAL DESCRIPTION
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NATIONAL CITY, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOTS 8, 9 AND 10 IN BLOCK 1 OF W. C. KIMBALL’S SUBDIVISION OF 10 ACRE LOT 2, QUARTER SECTION 154
OF RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NO. 105, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 10, 1887.
APN: 556-471-17
34Page 221 of 267
Page 222 of 267
EXHIBIT C
INITIAL PROJECT BUDGET
36Page 223 of 267
Page 224 of 267
2024 Area Median Income 121,250$
(80% HH of 4)80% conversion factor
Extremely Low (30% AMI)0.375
Bedrooms Studio 1 2 3 4 Very Low (50% AMI)0.625
HH Size 1 2 3 4 5 Low (60% AMI)0.75
HH Size Adj 70%80%90%100%108%Moderate (110%)110%
2024 Income
HH Size 1 2 3 4 5
Extremely Low 31,850$ 36,400$ 40,950$ 45,450$ 49,100$ Extremely Low 30%
Very Low 53,050 60,600 68,200 75,750 81,850 Very Low 30%
Low (80% AMI)84,900 97,000 109,150 121,250 130,950 Low 30%
Median (100% AM 83,650 95,600 107,550 119,500 129,050 Moderate 30%
Moderate 100,400 114,700 129,050 143,400 154,850
Utility Allowance (2024) MF All Electric
Heating
Cooking
Water Heating
Basic Electric
Water
Trash
Air Conditioning
Refrigerator
-$ -$ -$ -$ -$
Bedrooms Studio 1 2 3 4
HH Size 1 2 3 4 5
Extremely Low 796$ 909$ 1,023$ 1,137$ 1,228$
Very Low 1,326 1,516 1,705 1,895 2,046
Low (60% AMI)1,591 1,819 2,046 2,273 2,455
Moderate 2,300 2,629 2,958 3,286 3,549
Percent of Income For Rent
Expense Share For Rent
Exhibit B
Monthly Rent and Annual Income Chart
Allowed Monthly Housing Expenditures (Rental)
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Page 6 of 11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
dates set forth in the opening paragraph of this Agreement.
CITY OF NATIONAL CITY
By:
Name: Benjamin A. Martinez
Title: City Manager
ATTEST:
By:
Name: Shelley Chapel
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Barry J. Schultz
Title: City Attorney
[remainder of page left intentionally blank]
[signatures on following pages]
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City of National City:
EXHIBIT A
LIST OF NOTICE ADDRESSES OF PARTIES
City of National City
1243 National City Boulevard
National City, California 91950
Attention: City Manager
With a Copy to: City of National City
Office of the City Attorney
1243 National City Boulevard
National City, California 91950
Attn: City Attorney
County of San Diego: County of San Diego 1600 Pacific Highway Room San Diego, CA 92101
Attn: Brian Hagerty, Group Finance Director
National School District: National School District
1500 N Avenue ·National City, CA 91950Attn: Ryan Burke,Asst. Superintendent of Business Services
Sweetwater Union High School District:
Southwestern College:
Sweetwater Union High School District 1130 Fifth Ave Chula Vista, CA 91911 Attn: Jenny Salkeld, Chief Financial Officer
Southwestern College
900 Otay Lake Road Chula Vista, CA 91910 Attn: Sue Rearic,
VP of Business and Financial Affairs
San Diego County Office of Education:
San Diego County Office of Education
6401 Linda Vista Road San Diego, CA 92111 Attn: Andi Loree, Executive Director, Internal Business
San Diego County Water Authority:
San Diego County Watel' Authority
4677 Overland A venue
San Diego, CA 92123 Attn: Christopher Woidzik, Controller
Page 238 of 267
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A DISPOSITION AND DEVELOPMENT
AGREEMENT WITH TOWER 999, LLC, A NEVADA LIMITED LIABILITY COMPANY, FOR THE
DISPOSITION OF CITY-OWNED REAL PROPERTY LOCATED AT 921, 925, AND 929
NATIONAL CITY BOULEVARD FOR THE DEVELOPMENT OF A SEVEN-STORY, MIXED-USE
BUILDING WITH APPROXIMATELY 9,294 SQUARE FEET OF RETAIL/COMMERCIAL
SPACE AND 127 RENTAL HOUSING UNITS.
WHEREAS, the City of National City ("City") is the owner of certain real property
generally located at 921, 925, and 929 National City Boulevard (APN's 556-471-03 and 556-471-
04) (collectively, the "City Property"); and
WHEREAS, Tower 999, LLC, a Nevada limited liability company ("Developer") is the
owner of certain real property generally located at 999 National City Boulevard (APN 556-471-17)
("Developer Property"). The Developer Property is adjacent to the City Property. The Developer
Property and City Property are collectively referred to herein as the "Project Property;" and
WHEREAS, the Developer desires to acquire the City Property from the City and
thereafter develop a seven-story, mixed-use building with approximately 9,294 square feet of
ground floor retail/commercial space and 127 residential dwelling units (collectively, the "Project")
on the Project Property; and
WHEREAS, forty percent (40%) of the total dwelling units in the Project will be restricted
for a period of fifty-five (55) years after the Completion of Construction for occupancy by Very
Low-Income Households and Low-Income Households; and
WHEREAS, of the Affordable Units, at least fifty percent (50%) shall be restricted for
occupancy only by Very Low-Income Households at monthly rental rates that do not exceed the
Maximum Rents-Very Low Income Households and the balance of the Affordable Units shall be
occupied by Low Income Households at monthly rental rates that do not exceed the Maximum
Rents-Low Income Households; and
WHEREAS, the City and the Developer enter into a Project Agreement, referred to as a
Disposition and Development Agreement (“DDA”), which provides the terms and conditions for
the sale and transfer of the City Property to the Developer and Developer’s construction of the
Project on the City Property; and
WHEREAS, upon authorization of the DDA, the Developer will work to complete the terms
and conditions for the sale and transfer of the City Property to the Developer and for the
Developer’s construction of the Project on the City Property by the Closing Deadline of December
31, 2025.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Page 239 of 267
Section 1: The City Council hereby authorizes the City Manager to execute a
Disposition and Development Agreement, attached to the agenda report as Exhibit A, with Tower
999, LLC for the disposition of city-owned real property located at 921, 925, and 929 National City
Boulevard in order to develop a seven-story, mixed-use building with approximately 9,294 square
feet of retail/commercial space and 127 rental dwelling units.
Section 2: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 1st day of October, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
Page 240 of 267
RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE COMPENSATION AGREEMENT BY
AND AMONG THE CITY OF NATIONAL CITY, THE COUNTY OF SAN DIEGO, THE NATIONAL
SCHOOL DISTRICT, THE SWEETWATER UNION HIGH SCHOOL DISTRICT,
SOUTHWESTERN COLLEGE, SAN DIEGO COUNTY OFFICE OF EDUCATION, AND THE
SAN DIEGO COUNTY WATER AUTHORITY PERTAINING TO THE SALE OF REAL
PROPERTY LOCATED AT 921, 925, AND 929 NATIONAL CITY BOULEVARD IN NATIONAL
CITY.
WHEREAS, the City of National City ("City") is the owner of certain real property
generally located at 921, 925, and 929 National City Boulevard (APN's 556-471-03 and 556-471-
04) (collectively, the "City Property"); and
WHEREAS, Tower 999, LLC, a Nevada limited liability company ("Developer") is the
owner of certain real property generally located at 999 National City Boulevard (APN 556-471-17)
("Developer Property"). The Developer Property is adjacent to the City Property. The Developer
Property and City Property are collectively referred to herein as the "Project Property;" and
WHEREAS, the Developer desires to acquire the City Property from the City and
thereafter develop a seven-story, mixed-use building with approximately 9,294 square feet of
ground floor retail/commercial space and 127 residential dwelling units (collectively, the "Project")
on the Project Property; and
WHEREAS, the City Property is listed in the Revised Long-Range Property Management
Plan (“LRPMP”) prepared by the Successor Agency to the Community Development Commission
as the National City Redevelopment Agency for future development; and
WHEREAS, a requirement of the Revised LRPMP is for the City to enter into a
“Compensation Agreement” with the County of San Diego, the National School District, the
Sweetwater Union High School District, Southwestern College, San Diego County Office of
Education, and the San Diego County Water Authority (“Affected Taxing Entities”) before the sale
of the City Property can occur; and
WHEREAS, the Developer proposes $50,000 as the purchase price for the City Property
in order to make the Development feasible; and
WHEREAS, staff presented a Compensation Agreement to the Affected Taxing Entities
pertaining to sale of the City Property at the purchase price of $50,000; and
WHEREAS, all of the Affected Taxing Entitiies except for the City of National City have
consented to the Compensation Agreement for the City Property at the purchase price of $50,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Page 241 of 267
Section 1: The City Council hereby authorizes the City Manager to execute a
Compensation Agreement, attached to the agenda report as Exhibit C, in the amount of $50,000
with the Affected Taxing Entities pertaining to the sale of real property located at 921-929 National
City Boulevard in National City retained by the City of National City for future development
pursuant to the Revised Long Range Property Management Plan.
Section 2: That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 1st day of October, 2024.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney
Page 242 of 267
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, October 1, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Amending City Council Policy No. 301 – Legislative and Judicial Platform for 2025
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California,
Amending City Council Policy No. 301 – Legislative and Judicial Platform”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
City Council Policy No. 301 requires that an annual review and periodic update shall be performed
by the City Council on or before November 15th of each year. The City Manager shall submit
Legislative Policy recommendations to the City Council for review. On or before the final City
Council Meeting in December (December 10, 2024), the City Council shall formally adopt the
Annual Legislative Priorities.
The City’s Platform is to urge the Legislature to:
Preserve and enhance the City’s ability to deliver quality and cost-effective services to
National City’s residents and visitors.
Preserve and enhance the City Council’s ability to serve National City residents by
retaining local decision-making efforts which will be focused in these priority areas.
Staff has reviewed the current Legislative and Judicial Platform, aka City Council Policy No. 301,
and finds it still reflects the City’s beliefs, with a couple of minor additions; one for clarification and
another to bring specific focus to an issue that has been ongoing within the City.
City Council Policy No. 301 - page 8 of 9
PUBLIC SAFTEY AND EMERGENCY SERVICES
The addition of a paragraph supporting SB 1414 that includes new amendments presented this
year, strengthening local law enforcements efforts against solicitation and human trafficking.
The addition would read as follows:
“The City supports SB 1414 and efforts statewide that strengthen local law enforcement
against those who attempt, or are convicted of violation towards solicitation of minor’s
including prostitution, human trafficking and pornography.”
Page 243 of 267
The next change to the document is to clarify the specific Senate Bill regarding de-certification of
officers under specific conditions.
The paragraph would read as follows adding “SB 2”:
The City supports SB 2 de-certification of officers under specified conditions, including those
officers convicted of any felonies and those with a history of egregious misconduct, contingent
that an impartial authority outside of the employing agency is utilized and officers are afforded
due process.
If there are any additional changes made to the document by the City Council, the City Clerk will
return with the final Annual Legislative Priorities for adoption before the final meeting in
December.
FINANCIAL STATEMENT:
Not Applicable.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Public Safety
Health, Environment, and Sustainability
Balanced Budget and Economic Development
Communication and Outreach
Housing and Community Development
Parks, Recreation and Library
Transportation Choices and Infrastructure
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 – DRAFT Redline – City Council Policy No. 301 Legislative and Judicial Platform 2025
Exhibit B - Resolution
Page 244 of 267
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 17, 2023
October 1, 2024
ADOPTED: February 24, 1981
POLICY #301 TITLE: Legislative and Judicial Platform
Purpose
To establish guidelines which allow staff to respond to proposed legislation and pending
litigation quickly and effectively and to serve as broad statement of City policy on a variety of
public issues.
Policy
The City Council shall adopt a legislative and judicial platform and annual legislative priorities,
developed by staff as policy parameters in order to respond to proposed legislation and
pending litigation quickly. The direction provided in the legislative and judicial platform will
encompass principles fundamental to the needs of the City. This platform shall be updated
and revised by the City Council as necessary. In addition, the City Council shall adopt
legislative priorities annually. These City Council endorsed legislative priorities may address
specific and pending regional, state, and federal policy issues for the City of National City.
Generally, the legislative priorities document shall include only those items of a direct and
substantial impact on municipal operations. The City will work with local legislators, as
appropriate, in advancing the City's adopted legislative platform.
The City of National City Legislative Platform and Priorities Policy formally establishes the
City's position on pending legislative matters. With this policy guidance, the City Manager's
Office shall advocate for and against legislative matters as appropriate without waiting for
Council approval. The method of communication and level of engagement will be determined
by the City Manager's Office based on the City Council priorities, legislative climate, and
urgency of the legislative proposal. The City Council will be provided with legislative updates
and copies of correspondence sent on behalf of the City.
Similarly, the platform and priorities allow City staff to provide input into the judicial system,
such as by adding the City's name to amicus curiae briefs, by corresponding with appellate
courts, or by supporting efforts of the Cal Cities Legal Advocacy Committee, without waiting
for Council approval. Written correspondence to the appellate courts or requests to participate
in amicus curiae briefs will be signed by the City Attorney or designee, with a copy to the City
Council.
Council approval is required on those issues which do not fall within the parameters of the
legislative and judicial platform or legislative priorities, unless scheduling an approval is not
possible due to (a) the emergency nature of the legislation or litigation, or (b) the necessity
of City action which prevents such scheduling in a timely manner. In such cases, the City
Manager shall determine the appropriate course of action as to legislative matters, after
considering the recommendation of the Department Director. The City Attorney shall
make such determinations on litigation issues. For the purpose of the Legislative
Platform, the term “City” includes the City of National City, Community Development
Commission – Housing Authority, Successor Agency to the Community Development
Page 245 of 267
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 17, 2023
October 1, 2024
ADOPTED: February 24, 1981
POLICY #301 TITLE: Legislative and Judicial Platform
Commission (“Successor Agency”), the Parking Authority, and Joint Powers Financing
Authority.
Timeline
The City Council shall periodically update the legislative and judicial platform as needed.
The City Council shall annually adopt legislative priorities. On or before November 15th,
the City Manager shall submit legislative policy recommendations to the City Council for
review. On or before the final City Council Meeting in December, the City Council shall
formally adopt the annual Legislative P riori ties.
On or before April 1st, the City Manager's O ffice shall compile items to be submitted for
inclusion in the state and/or federal budget.
The priorities and timelines may be amended by the City Council from time to time when action
on a matter appears to be of sufficient urgency that it would not be in the City’s best interest
to wait until the next legislative year.
Related Policy References
February 24, 1981 – (Resolution No. 13,516) Adopting Legislative Policy Guidelines
Prior Policy Amendments:
November 12, 1991 (Resolution No. 91 -228)
December 16, 2008 (Resolution No. 2008 -271)
December 10, 2013 (Resolution No. 2013 -189)
October 17, 2023 (Resolution No. 2023-149)
Page 246 of 267
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 17, 2023
October 1, 2024
ADOPTED: February 24, 1981
POLICY #301 TITLE: Legislative and Judicial Platform
2023 2025 CITY OF NATIONAL CITY
LEGISLATIVE AND JUDICIAL PLATFORM
AND CORE PRIORITIES
_________________________________________________________________________
The National City Council urges the Legislature to:
Preserve and enhance the City's ability to deliver quality and cost-effective services to
National City's residents and visitors.
Preserve and enhance the City Council's ability to serve National City residents by retaining
local decision-making authority and maintaining state legislative and voter commitments
for revenue resources.
__________________________________________________________________
LEGISLATIVE PLATFORM
CORE LEGISLATIVE PRIORITIES
The following core legislative priorities highlight issues that could significantly affect National City
and legislative advocacy efforts which will be focused in these priority areas.
HOME RULE I FISCAL SUSTAINABILITY
Home Rule and Local Control
The City believes strongly in the principles of home rule authority and local control and its ability
to increase the effectiveness and efficiency of local government services. The City encourages
the Legislature to respect and support home rule and opposes legislation that attempts to
weaken municipal home rule authority and flexibility.
The City supports efforts that reflect a positive, collective, and cohesive approach to regional
solutions, as long as local control is maintained.
Fiscal Sustainability
The City supports the retention of local taxing authority, the maintenance of fiscally balanced
revenue sources, and measures that would provide fiscal independence to cities.
The City supports the full disbursement levels of existing revenue streams and directed
funding sources including sales tax, property tax, and transient occupancy tax (TOT) and
vehicle in-lieu fees. The City opposes diversions and reallocations of all funds by the
Legislature in a manner that would negatively affect local government.
Page 247 of 267
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 17, 2023
October 1, 2024
ADOPTED: February 24, 1981
POLICY #301 TITLE: Legislative and Judicial Platform
The City opposes unfunded mandates placed on local jurisdictions, and encourages the
Legislature to evaluate the fiscal impact such mandates will have on communities prior to
considering the issue.
The City opposes any efforts to increase reporting requirements related to locally raised
revenues.
INFRASTRUCTURE
The City supports the retention of infrastructure funding and bonding for street projects,
housing, infill infrastructure projects and parks. The City recognizes that funding for these
key project areas will help to spur economic activity in National City.
The City supports efforts to provide more flexibility in raising revenue for necessary
infrastructure projects.
The City supports federal and state economic stimulus initiatives that provide the necessary
resources and funds to invest in necessary infrastructure projects to improve the transfer
of goods and services throughout the region, create jobs, and encourage economic
development.
TRANSPORTATION
The City believes the movement of goods and people is vital to continued economic
success and to the maintenance of a high quality of life. In order to preserve these, the City
encourages the Legislature to invest in the maintenance and expansion of the State's multi -
modal transportation network. The City supports regional coordination in transportation
planning but opposes efforts that limit local control in the transportation decision -making
process.
The City supports measures to finance local and regional multi -modal transportation
improvements and to enhance transportation funding equity.
The City opposes proposals that would adversely affect the quality of National City and the
San Diego region. Furthermore, the City Council supports efforts that grant cities the
additional ability to provide for transportation improvements.
Page 248 of 267
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 17, 2023
October 1, 2024
ADOPTED: February 24, 1981
POLICY #301 TITLE: Legislative and Judicial Platform
PORT-RELATED LEGISLATION
The City and the Port of San Diego have worked cooperatively to address the disparity that
has long existed between the regional benefits of the Port and the uniqu e local impacts of
the Port on the City and its residents. The City is committed to pursuin g public policy that
would achieve the balance necessary between the Port, the Workin g Waterfront, and
National City consistent with the follow ing six principles agreed upon by the parties:
1. Protection of Maritime Uses;
2. Enhancement of the Working Waterfront;
3. Environmental Compliance;
4. Public and/or Visitor Serving Amenities;
5. Financial Benefits to the Port and National City; and
6. Public Participation within National City.
Generally, the City is supportive of any legislative measures that are consistent with the
policies and intent of one or more of the foregoing principles. Further, the City Council
supports efforts that grant Port communities the ability to fully addres s the economic and
environmental impacts directly and indirectly attributed to the Port. National City is also
supportive of public policy that provides financial incentives to Port communities for the
preservation and expansion of maritime activities within its jurisdiction.
ENERGY CONSERVATION & ENVIRONMENTAL PROTECTION
The City recognizes the importance of working cooperatively with other governmental and
private sector entities to implement and manage efficient, cost -effective, and sound
environmental programs and services that secure clean air, water, and land.
The City supports appropriate legislation and regulation that promotes pollution prevention,
supports energy conservation efforts and encourages green development without imposing
unfunded mandates.
The City opposes efforts that place a severe financial burden on municipalities.
LAND USE PLANNING
The City supports maintaining local authority in land use planning issues and supports
legislative efforts that promote more orderly growth and oppose efforts that impede growth
management, including the preservation of local authority to set land use policies.
Page 249 of 267
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 17, 2023
October 1, 2024
ADOPTED: February 24, 1981
POLICY #301 TITLE: Legislative and Judicial Platform
The City supports efforts to assist local governments in implementing sustainable
development practices.
The City opposes legislation that would restrict a City’s ability to redevelop Under-performing
areas.
ECONOMIC DEVELOPMENT
The City supports efforts to enhance the range of economic development mechanisms at a
City’s disposal that would strengthen the abilities of local agencies to prepare for and implement
growth, job creation, workforce development, redevelopment, conservation, and beautification
projects.
The City opposes any attempt to limit local control over, or ability to execute economic
development projects including through the diversion of redevelopment funding.
The City opposes any state or federal proposals that reduce economic investment opportunities
at the local level. This includes reductions and restrictions to block grants and housing
subsidies.
HOUSING
The City recognizes the importance of housing for all income levels as critical to the balanced
and healthy growth of the City and its communities. The City supports affordable housing efforts
as a key component to workforce recruitment and retention. This includes support for federal
and state participation and financial support of programs to provide adequate housing for the
elderly, disabled, homeless, and low-income persons throughout the community.
The City supports efforts to establish a permanent funding source for the development
rehabilitation and preservation of affordable housing. Advocate for efforts to review and reduce
state mandated regulations on housing development.
Page 250 of 267
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 17, 2023
October 1, 2024
ADOPTED: February 24, 1981
POLICY #301 TITLE: Legislative and Judicial Platform
GOVERNMENTAL PUBLIC LIABILITY POLICY
The City supports efforts to reinforce public entity design and discretionary act immunity.
The City supports efforts to abolish lump-sum awards for damages and to substitute installment
payments projected over the plaintiff’s life span, to cease at time of death.
The City supports efforts to develop statutory provisions calling for the reimbursement of
all public entity defense costs and expenditures incurred in the defense of frivolous and
spurious claims and lawsuits.
The City supports efforts to change the legal principal of "joint and several liability" to
protect, ensure, and otherwise provide that the City will not be a target for unmeritorious
lawsuits based on the City’s more advantageous financial position, whether real or
perceived, than that of the true tortfeasor .
The City opposes efforts to further erode governmental tort immunity.
The City opposes any efforts to remove or weaken any statutory time limits as to the filing
and serving of claims and lawsuits as well as any efforts to open public entities t o liability
for punitive or exemplary damages.
The City opposes any efforts to expand situations in which public entities may be liable to
pay for litigants' attorneys' fees or other litigation expenses.
LABOR RELATIONS AND BENEFITS
The City supports efforts that provide the City with necessary resources and authority to
establish appropriate working conditions and benefits to its employees. This includes
preserving and enhancing equal employment opportunities for all people seeking
employment and opposing efforts that remove the local decision -making authority in
employee issues.
The City is supportive of efforts that result in improved public and private sector labor
management relations and opposes efforts that impose state mandates.
The City supports efforts to prevent abuses within the compensation system, which in turn
result in increased costs to the City.
Page 251 of 267
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 17, 2023
October 1, 2024
ADOPTED: February 24, 1981
POLICY #301 TITLE: Legislative and Judicial Platform
The City opposes efforts that would increase the City’s liability for unemployment
compensation and retirement pensions.
The City opposes efforts that would increase employee Workers’ Compensation benefits
without system reforms to offset increased employer costs, and that would provide
presumptive eligibility for the award of Workers’ Compensation.
PUBLIC SAFETY AND EMERGENCY SERVICES
The City supports initiatives to preserve and enhance the ability of local governments t o
strategically plan for and respond to emergencies and efforts to ensure that the greatest
level of public safety and emergency services are provided to the community witho ut
creating an unfunded mandate.
The City supports the retention of revenue streams for funding public safety employee
disaster preparedness, crime prevention, fire prevention and suppression, emergency
medical services, and public safety training.
The City supports efforts to provide the City with additional resources such as behavioral
health clinicians and homeless outreach referral services to assist those in need of
assistance and to direct them to the appropriate services.
The City opposed efforts that would impede local law enforcement from addressing crime
problems and recovering costs resulting from a crime committed by a guilty party.
The City supports efforts that strengthen local law enforcement, including: prevention of driving
under the influence of drugs or alcohol; effective abatement of illegal land uses and illegal
businesses; the sharing of criminal history information between states; registration of sex
offenders; reducing access to firearms by the mentally ill; and providing tools and resources to
address community challenges such as domestic violence, gangs, and human trafficking.
The City supports efforts statewide requiring persons convicted of certain specified crimes to
annually register as a sex-offender, as specified, for a term of 1-, 20 or 30 years.
The City supports SB 1414 and efforts statewide that strengthen local law enforcement against
those who attempt, or are convicted of violation towards solicitation of minor’s including
prostitution, human trafficking and pornography.
The City supports SB 2 de-certification of officers under specified conditions, including those
officers convicted of any felonies and those with a history of egregious misconduct, contingent
Page 252 of 267
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
AMENDED: October 17, 2023
October 1, 2024
ADOPTED: February 24, 1981
POLICY #301 TITLE: Legislative and Judicial Platform
that an impartial authority outside of the employing agency is utilized and officers are afforded
due process.
The City supports statewide and federal tracking of information related to officers that resign in
lieu of discipline or termination, or those with multiple sustained complaints and violations.
The City supports mandated and regular implicit and racial bias training for all law enforcement,
and de-escalation training that focuses on alternatives to deadly force.
The City supports efforts that increase county, state and federal funding for local law
enforcement, fire suppression, wildfire prevention, hazardous materials mitigation, and
emergency medical services.
The City supports efforts that promote national fire code development using an open,
consensus-based process.
The City supports efforts to create a funding mechanism for a regional fire department in San
Diego County that does not diminish the ability of cities to provide essential services and
mechanisms that increase reimbursement funding for Medicare and Medi-Cal programs.
The City supports innovative health and safety efforts that improve access to primary and
preventive care and decrease use of emergency departments, including expanded mental
health services.
TELECOMMUNICATIONS
The City supports efforts that ensure consumer access to telecommunications services in
an efficient and cost-effective manner while retaining local government's authority. This
includes retaining local government's ability to negotiate franchise agreements, regulate
the use of public rights-of-way, and collect appropriate revenues in order to
maximize benefits to the consumer.
WATER MANAGEMENT
The City supports efforts to increase the water supply or improve water quality within the region
and efforts that encourage voluntary water conservation.
Page 253 of 267
RESOLUTION NO. 2024-
RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
AMENDING CITY COUNCIL POLICY NO. 301 ENTITLED LEGISLATIVE AND JUDICIAL
PLATFORM 2025
WHEREAS, City of National City (“City”) City Council Policy No. 301 requires a periodic
update of the Legislative and Judicial Platform on or before November 15th of each year wherein
the City Manager submits Legislative Policy recommendations for review; and
WHEREAS, On or before the final City Council Meeting in December, the City Council
shall formally adopt the Annual Legislative Priorities.
WHEREAS, having completed the review, and finding that minor modifications are
required, staff has submitted legislative policy recommendations for approval that are presented
in Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Authorizes updates to City Council Policy No. 301, Legislative and Judicial
Platform as presented in Exhibit A.
Section 2: The City Clerk shall certify the passage and adoption of this Resolution and
enter it into the book of original Resolutions.
PASSED and ADOPTED this 1st day of October, 2024
__________________________
Ron Morrison, Mayor
ATTEST:
_________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM
_________________________
Barry J. Schultz, City Attorney
Page 254 of 267
AGENDA REPORT
Department: Planning
Prepared by: Martin Reeder, Assistant Community Development Director
Meeting Date: Tuesday, October 1, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
Municipal Services Agreement Whitepaper – Port of San Diego
RECOMMENDATION:
Approve for Distribution the City’s Municipal Services Whitepaper to the Port of San Diego and
Other Interested Parties, and Direct the City Manager to Secure Full Reimbursement Funding
from the Port for Providing Municipal Services. The Full Cost Burden to the City from Providing
Port Related Fire, Police, Community Development, and Engineering Services is $8,848,107.00.
The City Currently Receives from the Port a Base Rate of Approximately $1.3 Million.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The Port of San Diego is authorized by the San Diego Unified Port District Act to reimburse its
five (5) membership cities for municipal services they provide within the Port’s jurisdiction. The
Port membership cities enter into “Municipal Service Agreements” (“MSA”) with the Port to
reimburse the cities for fire, Emergency Medical Services (EMS), and other police services. The
formula used for reimbursement is based on responding to events on non-tax generating areas
within the Port and city’s jurisdiction. Examples for non-taxable areas include streets, parks,
unleased tidelands, and open space areas.
The City entered into an MSA with the Port in July 2021 which will terminate automatically in June
2030. The City’s baseline rate paid on an annual basis is $1,310,324. The baseline rate is reset
periodically. The first baseline reset was to occur in July 2022 and the second reset period is due
in July 2025. The reset periods allow the City or the Port to renegotiate the baseline rate. Prior to
the July 2025 reset period, the City may present a new baseline rate to the Port considering the
actual documented costs expended during the previous period. No reset negotiations have
occurred since before 2022.
The MSA baseline amount is automatically increased by three percent (3%) on an annualized
basis. Beyond these 3% changes, the Board of Port Commissioners must approve any changes
to the baseline rate. To be reimbursed by the Port, the City must, on a quarterly basis, submit
extensive documentation of the services provided to the Port. The documentation includes
timecards, contracts, receipts, dispatch records, payroll documentation, overhead costs, service
records, and police and fire budgets. The Port has a right to audit these records.
Page 255 of 267
Other City MSA’s:
In 2023, the City of San Diego received $1.5 million, the City of Chula Vista received $1.1 million,
the City of Imperial Beach received $5.4 million, and the City of Coronado received $1.3 million
pursuant to their respective MSA’s with the Port. For example, Imperial Beach provides police,
fire, EMS, park maintenance, and lifeguard services to the Port. Two cities (Chula Vista and
Imperial Beach) receive facility reimbursements; and three cities (Chula Vista, Coronado, and
Imperial Beach) receive reimbursement for vehicles.
Other California ports receive much higher reimbursement rates. For example, the Port of
Stockton reimburses its public agencies $3.4 million for police and $3 million for police facilities.
The Port of Long Beach reimbursed the City of Long Beach $2.1 million for their police services.
ANALYSIS:
The Port’s MSA methodology uses a “calls for service” approach on land that has no ad valorem
production. This approach fails to consider the full cost that the City expends in protecting Port
assets. And the City has limited parks or public spaces to create these reimbursable service calls.
Additionally, other member cities generate significant municipal revenues from Port tidelands
beyond property taxes that help support general fund supported services like police and fire
services however, this is not the use for National City.
The City of National City will be and has been the first responder to major incidents occurring on
the Port’s National City Marine Terminal or other port tenant leaseholds. Should there be a major
fire incident, homeland security threat, or an accident requiring road closures to the Terminal or
adjoining Port Leaseholds the City of National City fire, police, or public works departments or a
combination of these departments would be first on the scene.
To be prepared for such incidents, it takes not just personnel, but facilities and training. To date,
no training or facility costs have been reimbursed to the City from the Port. As currently written,
the MSA is devoid of equity between member cities; National City is the first responder to any
major incident at the National City Marine Terminal and unlike other membership cities, National
City first responders must have the training, equipment, and the facilities at the ready, 24/7, to
respond to any homeland security issue or any large-scale fire event on Port tidelands.
MSA WHITEPAPER:
The City commissioned a Whitepaper to determine the actual cost of providing police, fire,
community development, engineering, and other services to the Port. The attached Whitepaper
took an unconstrained review of the services provided to the Port and their associated overhead
costs. This unconstrained review went beyond the artificial constraint of using non-taxable lands
to determine the baseline reimbursement amount and instead reviewed the training, facility,
equipment, and overhead costs that are required to provide these services to the Port.
Under the current MSA, the City would be reimbursed by the Port when a police officer responds
to a service call at Pepper Park, the reimbursement amount is derived from payroll and service
ticket records. The current MSA does not take into consideration all of the costs that go into
making this one service call. It does not account for the training, equipment, or facility costs that
supports the ability of an officer to respond to a Port related event.
Page 256 of 267
This inequity becomes starker when consideration is given to the types of Port emergencies the
City is asked to be prepared for. The City’s fire department must have the personnel, equipment,
training, and facilities to respond to a major conflagration should the cars stored at the Pasha
Automotive facility become engulfed with fire and should some of those cars involve electric cars
or charging stations, then highly specialized equipment and training is required. Yet, under the
current terms of the MSA these added costs are not reimbursable.
No other membership city has the burden that National City has in relationship to the lack of
revenue received from port operations and the threats and hazards it faces on a daily basis. A s
the Port implements its Maritime Clean Air Strategy, more electric charging stations, EV cars, and
EV trucks will be present in the marine terminal environment. And while these actions are a net
benefit to air quality, all those benefits are easily erased should there be a major EV fire
conflagration.
Similarly, the City’s Police Department must train and equip its officers to deal with an array of
complex homeland security threat events. Under the current MSA none of the training
requirements or equipment costs will be reimbursed. And as our southern border remains fully
open it is recognized that there is a significant increase in homeland security threats. These
hazards and threats require specialized training, equipment, and personnel including the facilities
that are needed to support those activities.
The City also handles homeless issues on Port tidelands, enforces parking regulations on the
roads leading to the Terminal, and enforces building codes. None of these activities have been
reimbursed by the Port.
The City also maintains 9,100 linear feet of sewer mains and 3,700 feet of storm drains on Port
tidelands. And again, these services are not reimbursed.
In sum, the Port has asked that the City of National City and its residents to accept the adverse
health consequences of Port maritime operations while also incurring the full economic burden of
protecting those Port assets. As a consequence, National City residents pay for Port operations
with both their health and their pocketbooks.
THE FULL COST OF SERVICES
National City Police Department:
The service-call methodology does not account for the fact that the National City Police
Department (NCPD) utilizes a geographic beat system to capture statistical data and allocate
police resources. The NCPD is divided into four (4) geographic regions, referred to as beats, and
personnel are assigned accordingly. Beat 24, is the most south/west beat and encompasses the
Port Tidelands. The NCPD has always included the Port Tidelands in the geographic
responsibility of the personnel assigned to beat 24. Personnel assigned to the other beats are
prepared to respond to beat 24 in the event of an emergency. The MSA fails to recognize all
administrative and personnel costs that support the beat system which leaves National City
Page 257 of 267
paying these training, facility, and equipment costs. When all these costs are fully recognized
National City is paying $7,634,023 of non-reimbursable expenses to protect Port assets.
National City Fire Department:
The Port jurisdiction occupies approximately six percent (6%) of the City’s overall land mass and
therefore facility, equipment, and training budgets should be allocated based on this land mass
percentage.
From a public health and safety standpoint, it is concerning that the Port must rely on the use of
electric vehicles and trucks to reduce the toxic air pollutants that currently are being generated by
terminal activities. For example, a fire involving a standard internal combustion vehicle generally
lasts approximately 30 minutes from ignition, dispatch, unit arrival of one fire department fire
engine, extinguishment, and removal by a tow company. Comparatively, fires involving EVs
generally require a minimum of two fire engines, extinguishment alone will take more than 2 hours
and may take as long as 8 hours, and additional delays may be caused in removal as tow
companies may require the vehicle to have a cooling off period of greater than 1 hour prior to
removal. This causes a significant increase to unit on-scene time, reducing overall unit availability
for other emergencies within National City. This impact may also be felt by the National City Police
Department as law enforcement will be required to commit to longer road closures reducing officer
availability.
Moreover, EV/lithium-ion fires may compromise the actual cells of the battery system causing a
phenomenon known as thermal runaway. This potentially catastrophic failure of the battery
system is difficult to stop and greatly increases the overall time of extinguishment. It may allow
the fire to spread to other vehicles and infrastructure causing a much larger -scale incident.
Specific equipment has been developed for the fire service to combat this issue and involves
specialized nozzles capable of penetrating into the battery to provide targeted cooling. This is
designed to inhibit the thermal runaway process. This equipment costs approximately $40,000
with an additional $10,000 required to train personnel.
The cost to fully reimburse the City for fire protection, related to the Port’s jurisdiction, is
$1,089,584. This sum includes training, a portion of facility costs, equipment, and personnel costs.
The Homeless Issue on Port Tidelands:
The City’s Community Development Department plays a key role in shaping the future of tideland
development. The Community Development Department responds to homelessness issues on
Port tidelands, manages parking violations (such as RV parking along the roads leading to the
Terminal), removes graffiti placed on Port assets and enforces building codes for Port tenants.
The full cost for providing these services to the Port is $104,500. To date none of these costs
have been reimbursed to the City.
Maintaining Critical Infrastructure on Port Tidelands:
The City’s Public Works Department maintains 9,100 linear feet of sewer main (inclusive of 40
manholes) and 3,700 feet of storm drains (inclusive of 30 drainage structures) on Port Tidelands.
Page 258 of 267
In addition, City Public Works is required to maintain and service two sewer lift stations also
located on Port Tidelands. The full cost for these services, which go unreimbursed by the Port, is
approximately $120,000 annually.
TOTAL COST SUMMARY
The total cost of these four service categories is $8,848,107. This includes the fully burdened
rates of facilities, personnel, equipment, and training. The breakdown of these costs is contained
in the attached Whitepaper.
FINANCIAL STATEMENT:
The Municipal Services Agreement Whitepaper concludes that the full cost to the City of National
City for the services it provides to the Port of San Diego is $8,848,107. Approval of the
recommendation would enable the City Manager to work with the Port of San Diego to achieve
full cost reimbursement for the police, fire, community development, and infrastructure-related
services it receives.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Balanced Budget and Economic Development
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
EXHIBIT:
Exhibit A – Final Port MSA Whitepaper
Page 259 of 267
4865-8179-8121, v. 1
The City of National City Municipal Service Agreement
Port Operation Needs Assessment
September 2024
I. Background and Legal Framework
The purpose of this whitepaper is to provide the Port of San Diego, the State Lands
Commission, and the community with a broader understanding of the cost that the City of
National City incurs in providing services to port tidelands facilities and operations. This
whitepaper establishes that the cost to provide City services to the Port far exceeds the amount
that the City is currently receiving under the Municipal Service Agreement (“MSA”). Here, we will
show that the current MSA methodology is wholly inadequate in reimbursing the City for the full
cost of city services provided to Port tidelands.
Section 31 of the San Diego Unified Port District Act enables the Port to contract with a
membership city for services. Monies transferred to a membership city must not represent a gift
of public funds and capital expenditures for tideland expenditures requires the approval of the
State Lands Commission. (San Diego Unified Port District Act Sec. 30.5). To avoid an unlawful gift
of public funds the Port must show that the funds have been reasonably expended for a legitimate
port purpose and not purely for municipal affairs. (Mallon v. City of Long Beach (1955) 44 Cal.2d
199,211). The Port enters into Municipal Service Agreements with all five of its membership cities.
The Port is lawfully allowed to reimburse a city for municipal services that are directly tied
to the services provided on the Tidelands under the Port Act:
“In the absence of the adoption of any police, fire and sanitary regulations
by the district, the police, fire, and sanitary regulations of any municipal
corporation whose boundaries are adjacent to or contiguous to the
territorial limits of the district shall be applicable.” (SDUPD Sec. 60.)
The Port has historically reimbursed cities for services provided to the Port. However,
each agreement varies amongst the Port’s membership cities. Unlike the Port of San Diego, other
California ports are usually controlled by one major city and port operations are part of the that
city’s operating and capital improvement budgets.
II. MSA Funding
In 2023, the City of San Diego received $1.5 million, the City of Chula Vista received $1.1
million, the City of Imperial Beach received $5.4 million, and the City of Coronado received $1.3
million pursuant to their respective MSA’s with the Port. For example, Imperial Beach provides
police, fire, Emergency Medical Services (EMS), park maintenance, and lifeguard services to the
Port. Two cities (Chula Vista and Imperial Beach) receive facility reimbursements. And three cities
(Chula Vista, Coronado, and Imperial Beach) receive reimbursement for vehicles.
Page 260 of 267
4865-8179-8121, v. 1
Each MSA has an automatic increase to its base rates. Annual resets were scheduled to
occur at 3% in 2022 and again in 2025. If the overall MSA rate of reimbursement is not reset,
then a city’s MSA would be subject to an annual rate increase of 3%.
Other California ports receive much higher reimbursement rates. For example, the Port
of Stockton reimburses its public agencies $3.4 million for police and $3 million for police facilities.
The Port of Long Beach reimbursed the City of Long Beach $2.1 million for their police services.
III. National City’s Role in Protecting Port Assets
The City of National City is the first responder to any major incidents occurring on the
Port’s National City Marine Terminal or other port tenant leaseholds. Should there be a major fire
incident, homeland security threat, or an accident requiring road closures to the Terminal or
adjoining Port Leaseholds the City of National City fire, police, EMS, or public works departments
or a combination of these departments would be first on the scene. To be prepared for such
incidents, it takes not just personnel, but facilities and training. To date, no training costs or facility
costs have been reimbursed to the City from the Port. And, as currently written, the MSA is devoid
of equity between member cities, National City is the first responder to any major incident at the
National City Marine Terminal and unlike other membership cities, National City first responders
must have the training, equipment, and the facilities at the ready, 24/7, to respond to any
homeland security issue or any large-scale fire event on Port tidelands. This inequality was first
addressed to the Port in November of 2021 by way of a letter from the then City Manager to the
Port but, to date, no resolution to address the additional preparedness costs in the City’s MSA
has been achieved.
IV. The Shortcomings of the Current MSA Methodology
Today, the Port’s methodology of using a simple accounting based on “calls for service”
for non-ad valorem producing parcels fails to consider the full cost that the City expends in
protecting Port assets. And, the City has limited parks or public spaces to create these
reimbursable service calls. Additionally, other member cities generate significant municipal
revenues from Port tidelands beyond property taxes that support general fund supported services
like police and fire services. Reimbursing costs for municipal services should factor in all revenues
generated on Port tidelands to each of the five member cities and not be narrowly focused on
service calls.
From 2021 to the present, the City has consistently informed the Port that as a result of
the industrialization of National City’s Bayfront, the City‘s eighty-eight (88) person police force
has higher training and equipment costs then non-Port membership cities. National City tidelands
are “high hazard targets” which demand more expensive fire and police equipment resulting in
greater expenses and higher training costs. Therefore, the MSA should account for these added
training, equipment, and facility costs.
Page 261 of 267
4865-8179-8121, v. 1
Moreover, the City’s police officers and firefighters do not delineate between
jurisdictions and often engage in proactive policing and firefighting . Under the present service-
call methodology the MSA fails to account for these public safety initiatives.
The service-call methodology does not account for the fact that the National City Police
Department (NCPD) utilizes a geographic beat system to capture statistical data and allocate
police resources. The NCPD is divided into four (4) geographic regions, referred to as beats, and
personnel are assigned accordingly. Beat 24, is the most south/west beat and encompasses the
Port Tidelands. The NCPD has always included the Port Tidelands in the geographic responsibility
of the personnel assigned to beat 24. Personnel assigned to the other beats are prepared to
respond to beat 24 in the event of an emergency. The MSA fails to recognize all administrative
and personnel costs that support the beat system and leaves National City paying the Port’s
geographic share of the total cost.
Similarly, the National City Fire Department maintains staffing for two fire engines, one
truck company, a rapid attack fire squad and a Battalion Chief for a total of fourteen (14) personnel
per day. The majority of responses located in the Port tidelands constitute a higher hazard due
to their size and occupancy type.
Moreover, the National Fire Protection Agency Standard 1710 recommends that fifteen
(15) firefighters respond to a low hazard response, twenty-eight (28) firefighters respond to a
medium hazard response and forty-three (43) firefighters respond to a high hazard response. The
National City Fire Department not only acts as a mitigating authority for emergencies at these
high hazard areas, but they also function as insurance preventing additional revenue loss while
protecting occupancies exposed to conflagrations.
These are not hypothetical events; these high hazard threats have been realized. For
example, in August 2019, there was an incident involving a large car lot that stored many cars
from a local car dealership. The entire property, approximately 80,000 square feet, was in
National City's industrial zone. The area of the fire measured approximately 23,000 square
feet. Many new and used vehicles were on fire, with crews from National City and Chula Vista
Fire Departments working the incident. The fire was a suspicious event resulting in the ignition of
brush and debris found in the immediate area. This event resulted in severe damage to 31
vehicles, with 21 of those vehicles considered a total loss with an estimated value of $1,000,000.
And in today’s security environment and given our open southern border, it is simply a
matter of time before our region and perhaps the Port facilities themselves experience a major
homeland security threat.
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V. The True Cost of Protecting the Port’s Assets
As stated, the fully burdened cost of providing the Port with police, fire, community
services, and public works assets has not been realized in the current MSA methodology. To
address these shortcomings the City’s police, fire, public works, and community development
departments were asked to provide a comprehensive budget breakdown of the costs to serve the
Port. As a result of this methodical accounting, these costs are significant and the City has been
carrying these costs for decades without the benefit of the Port fully reimbursing the City for the
actual cost of these services.
VI. Police Services to the Port
To fully compensate the City for police service it provides to the Port, all costs need to be
accounted and these include City facility service charges, vehicle use, information management
systems, insurance, maintenance and operations, and personnel services. All these cost factors
must be accounted for in a renegotiated upcoming MSA.
For the budget year 2025, the total City Police budget is $32,229,849. Based on the City’s
police beat system within the Port’s geographic boundaries, the Port’s share of the total cost is
$7,634,023.
The foundation for these costs are as follows:
1. Police Department salaries
a. Captains and Chief $ 420,548.00
b. Beat Officers and non-sworn personnel $4,526,195.00
2. Police Department equipment
a. Service Charges for patrol vehicles $ 17,549.00
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b. Patrol Vehicles $ 15,698.00
c. Leased vehicles $ 20,100.00
d. Leased Patrol Vehicles $ 29,835.00
3. Use of Police Department Facilities
a. IT services $1,682,762.00
4. Administrative Police Services
a. Operational Readiness $ 842,339.39
b. Investment Services, Training, K-9 & Public
Services $ 78,995.00
Total Port Obligation: $7,634,023.00
VII. Fire Protection for Port Assets
The City of National City Fire Department will be the first emergency responder should
there be a major fire involving Pasha Automotive. And because the vehicles are parked closely to
each other, literally, within inches of each other, if one vehicle catches fire others are likely to be
rapidly involved. This danger becomes significantly exasperated when the car fires involve electric
vehicles. There is simply no effective way to extinguish electric car or electric truck fires. Often
times the strategy is to separate other cars or trucks from the burning electric vehicle and let it
burn itself out or penetrate it with large volumes of directed high pressure water. Here, the Port’s
Maritime Clean Air Strategy adds to this safety risk because it recommends replacing hydrocarbon
driven trucks and vehicles with electric vehicles and creating new car and truck charging facilities.
And while this may be a net benefit to air quality the inherent risk of fire is of grave concern. As
more and more electric vehicles enter the terminal and more electric trucks are used to transport
the cars off the terminal the risk of uncontained fire increases.
VIII. Increased risk caused by electric vehicles and the electrification of the Port
The electrification of the Port of San Diego requires increased training for National City
Firefighters. Electric Vehicles (EVs), Battery Energy Storage Systems (BESS), and charging stations
present new challenges when exposed to fire. As the number of these systems increases on Port
lands the likelihood of an incident involving EV cars and trucks increases proportionally.
Firefighters responding to these emergencies will need specific training on extinguishment best
practices, training on specialized extinguishment equipment, and training associated with the
hazardous materials involved in these types of incidents. While these challenges are not isolated
to the Port property and are present across the County, the sheer volume of EVs and the
concentration of alternative fuel equipment make this hazard more unique to Port tidelands.
A fire involving a standard internal combustion vehicle generally lasts approximately 30
minutes from ignition, dispatch, unit arrival of one fire department fire engine, extinguishment,
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and removal by a tow company. Comparatively, fires involving EVs generally require a minimum
of two fire engines, extinguishment alone will take more than 2 hours and may take as long as 8
hours, and additional delays may be caused in removal as tow companies may require the vehicle
to have a cooling off period of greater than 1 hour prior to removal. This causes a significant
increase to unit on-scene time, reducing overall unit availability for other emergencies within
National City. This impact may also be felt by the National City Police Department as law
enforcement will be required to commit to longer road closures reducing officer availability.
EV/lithium-ion fires may compromise the actual cells of the battery system causing a
phenomenon known as thermal runaway. This potentially catastrophic failure of the battery
system is difficult to stop and greatly increases the overall time of extinguishment. It may allow
the fire to spread to other vehicles and infrastructure causing a much larger-scale incident.
Specific equipment has been developed for the fire service to combat this issue and involves
specialized nozzles capable of penetrating into the battery to provide targeted cooling. This is
designed to inhibit the thermal runaway process. This equipment costs approximately $40,000
with an additional $10,000 required to train personnel.
Based on the increases to the threat environment it is recommended that the Port provide
funding for the City to ensure all firefighters are trained to respond and mitigate fires involving
the Port’s EVs, lithium-ion batteries, and other alternative energy equipment that will be used to
develop the Port’s Maritime Clean Air Strategy. This also requires funding to increase staffing on
fire engines to provide adequate numbers of firefighters to extinguish the Port’s EV fires safely,
effectively, and efficiently. And lastly, the Port should fund the purchase of specialized
extinguishing equipment and train firefighters to use this equipment.
Like the police department, the City’s Fire Department has not received full reimbursement for
its facilities, personnel, training, equipment, and information systems. The Port tidelands
represents 6% of the City’s land mass and the fully burdened Port share is $1,089,584.00. As
shown in the chart below: The full cost burden of Fire Services:
1. Fire Department salaries
a. Full-time salaries $351,029.00
b. Fringe Benefits $319,120.00
c. Overtime $106,644.00
2. Fire Department equipment
a. Vehicles $127,042.00
b. Firefighting accessories $13,861.00
c. Firefighting equipment $8,248.00
3. Fire Department Communications and Radios
a. Dispatch $40,531.00
b. Radios $8,015.00
4. Use of Fire Department Facilities
a. Bond payments $43,593.00
b. Building services $22,463.00
c. IT services $11,898.00
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d. Insurance $4,076.00
5. Administrative Fire Services
a. Training $9,128.00
b. Medical Services $5,572.00
c. Professional Services $4,900.00
d. Materials & Supplies $3,104.00
e. Indirect/Overhead Costs $1,187.00
f. Janitorial Supplies $602.00
g. Memberships $221.00
h. Office Supplies $210.00
i. Medical Supplies $161.00
j. Books $126.00
k. Duplicating Supplies $70.00
l. Printing & Binding $66.00
m. Uniforms $56.00
6. Specialized fire suppression equipment
a. Wearing apparel $7,661.00
Total Port Obligation: $1,089,584.00
IX. The Homeless Issue on Port Tidelands
The City’s Community Development Department plays a key role in shaping the future of
tideland’s development. The Community Development Department is the organization that
responds to homelessness issues on Port tidelands, handles parking violations (such as RV parking
along the roads leading to the Terminal), and their team removes graffiti placed on Port assets
and enforces building codes for Port tenants. The fully burdened cost for providing these services
to the Port is $104,500 and is more specifically described in the below:
1. Homeless Outreach $5,500.00
2. Parking Enforcement $52,800.00
3. Graffiti $19,200.00
4. Code Enforcement $27,000.00
Total Port Obligation: $104,500.00
X. Maintaining Critical Infrastructure on Port Tidelands
The City’s Public Works Department maintains 9,100 linear feet of sewer main (inclusive
of 40 manholes) and 3,700 feet of storm drains (inclusive of 30 drainage structures) on Port
Tidelands. In addition, City Public Works is required to maintain and service two sewer lift stations
also located on Port Tidelands. The full cost for these services, which go unreimbursed by the
Port, is approximately $120,000 annually.
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XI. Total Cost Summary
The total cost for all four service categories represents $8,848,107.
XII. Conclusion and Recommended Actions
The City of National City has been providing services to the Port for decades without being
fully reimbursed for these services. The current methodology is designed to preclude the actual
cost of these services. If the Port had to build, equip, train, and administer these services it would
far exceed the reimbursable amounts currently provided. In sum, the Port has asked the City and
its residents not only to absorb all the health impacts from marine terminal operations but also
to pay the fully burdened costs of providing police, fire, community services, and public works
services to the Port tidelands. No other membership city has the burden that National City has in
relationship to the revenue received from Port operations and the threats and hazards it faces on
a daily basis. As the Port implements its Maritime Clean Air Strategy more and more electric
charging stations, EV cars, and EV trucks will be present in the marine terminal environment. And
while these actions are a net benefit to air quality, all those benefits are easily erased should
there be a major EV fire conflagration.
And as our southern border remains fully open it is recognized that there is a significant
increase in homeland security threats. These hazards and threats require specialized training,
equipment, and personnel including the facilities that are needed to support these activities.
The current methodology found in the Port’s MSA’s ignores these costs and ignores the
revenue disparities amongst membership cities. To date, th e Port has asked that the City of
National City and its residents accept the adverse health consequences of maritime operations
and incur the full economic burden of Port operations. As a consequence, our National City
residents pay for Port operations with both their health and their pocketbooks.
Therefore, it is incumbent on the Port to redress these issues in a fair and reasonable
manner and change the MSA methodology in a manner that corrects decades of neglect. The Port
needs to pay for their proportional share of facilities, administrative overhead, training,
equipment, and personnel in an amount that reflects the true cost of providing police, fire,
community services, and public works services to tidelands activities and operations.
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