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2024 12-03 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 1 hour before the City Council Meeting to allow time for distribution to the City Council. Spanish Interpretation Services: Spanish Interpretation Services are available; please 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 asignado 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 1 hora 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 en 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, December 3, 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 Introduction of New City Employees 8 7.PRESENTATION (Limited to Five (5) Minutes each) 7.1 Presentation of 2025 Storm Water Calendar 8.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. 9.INTERVIEWS AND APPOINTMENTS 9.1 Appointments: City Boards, Commissions and Committees – City Council Appointment to the Port Commission. 9 Recommendation: City Council Reappointing Incumbent GilAnthony Ungab as Port Commissioner for a 4-Year Term as provided in City Council Policy No. 107. 10.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. 10.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda 10.2 Approval of City Council Meeting Minutes.19 Recommendation: Approve and File. 10.3 Acceptance of the Department of Alcoholic Beverage Control Award of $40,000 to the National City Police Department to Perform Operations Sponsored by the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project. 48 Recommendation: Adopt the Resolution Entitled, “Resolution of the City of National City, California, Authorizing the Acceptance of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project Funds in the Amount of $40,000, Funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration, and Authorizing the Establishment of a Fiscal Year 2025 Appropriation and Corresponding Revenue Budget in the Amount of $40,000.” 10.4 Second Amendment to the Maintenance and Operating Agreement Between the City of National City and A Reason to Survive (ARTS) 67 Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Enter into the Second Amendment to the Agreement Between the City of National City (“CITY”) and A Reason to Survive (“ARTS”) for the Maintenance and Operation of the Arts Center Located at 200 East 12th Street in National City.” Page 2 of 546 10.5 Amendments to On-Call Consultant Agreements for City’s Capital Improvement Program (CIP) 96 Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute 1) Third Amendments to the Agreements with a) Anser Advisory, b) HDR Engineering, Inc., c) Kimley-Horn and Associates, Inc., d) NV5, Inc., e) WSP USA Inc., and f) STC Traffic, Inc. to Extend the Agreements by One Year; 2) Third Amendments to the Agreements with a) Innovative Construction Consulting Services, LLC and b) KTU&A to Extend the Agreements by One Year and Increase the Not-to-Exceed Amounts by $1,000,000 Each; and 3) Fourth Amendments to the Agreements with a) Chen Ryan Associates, Inc. and b) Project Professionals Corporation to Extend the Agreements by One year and Increase the Not-to-Exceed Amounts by $1,000,000 Each.” 10.6 Extension of Agreement with EXOS Community Services LLC (EXOS) for Las Palmas Pool Operations. 125 Recommendation: Adopt The Resolution Entitled: “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute the Amendment to the Agreement Between the City of National City (“City”) and EXOS Community Services, LLC, (“EXOS”) to Extend the Agreement for Two (2) Years for the Operation of Las Palmas Pool, Located at 1800 East 22nd Street, National City, California.” 10.7 Approval of the Local Appointments List – Maddy Act Requirement 154 Recommendation: Approve the Local Appointments List for 2025 and Authorize the City Clerk to post the list at City Hall and Post End of Term Vacancies on the City Website. 10.8 Resolution to the City Council of the City of National City Approving the Adoption of a Side Letter Agreement Between the City of National Municipal Employees Association (MEA) Exclusively Represented by SEIU and Approving the MEA Salary Schedule. 160 Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute a Side Letter Agreement Between the City of National City and the National City Municipal Employees’ Association, Represented by Service Employees’ International Union Local 221, Extending the Memorandum of Understanding Between the Parties through June 30, 2025, and Increasing the Salaries of Covered Employees; Amending the NCMEA Salary Schedule to Reflect a Six Percent Increase in Base Salaries; and Authorizing the Establishment of Fiscal Year 2025 Budget Appropriations in the Amount of $383,685 to Fund the Salaries.” Page 3 of 546 10.9 Approval of a Side Letter Agreement Between the City of National City and the National City Fire Firefighters Association (FFA) and Approving the FFA Salary Schedule. 185 Recommendation: Adopt the Resolution Entitled: “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute a Side Letter Agreement Between the City of National City and the National City Firefighters’ Association Extending the Memorandum of Understanding Between the Parties through June 30, 2025, and Increasing the Salaries of Covered Employees; Amending the FFA Salary Schedule to Reflect a Six Percent Increase in Base Salaries; and Authorizing the Establishment of Fiscal Year 2025 Budget Appropriations in the Amount of $224,925 in the General Fund to Fund the Stated Salaries.” 10.10 Amendment to the Salary Schedule for the Unrepresented Confidential Employee Group. 191 Recommendation: Adopt the Resolution Entitled: “Resolution of the City Council of the City of National City, California, Amending the National City Confidential Positions Salary Schedule to Reflect a Six Percent Increase in Base Salaries, and Authorizing the Establishment of Fiscal Year 2025 Budget Appropriations in the Amount of $42,061 to Fund the Stated Salaries.” 10.11 Authorize the Purchase of a Camera Van for the Engineering & Public Works Street and Wastewater Division 195 Recommendation: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract # 120721-EVS with Haaker Equipment Company for the Purchase of a 2024 or Newer E-Ford Transit Van RovverX CCTV Pipe Inspection System with Build Out in a Not-to-Exceed Amount of $296,007.71 for the Public Works Street and Wastewater Division; and 2) Authorizing the City Manager to Approve Adjustments of up to $29,600 to the Not-To-Exceed Amount for the Purchase as a 10% Contingency for Unforeseen Fluctuations in Pricing.” 10.12 Purchase and Sale Agreement for the Purchase of Property on N Avenue.241 Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute the Purchase and Sale Agreement and Accept the Grant Deed from Walter Morawa and Louise Morawa Joint Living Trust for the Purchase of a Portion of Parcel APN 557-250-38 that Fronts “N” Avenue, Just South of E. 9th Street to Construct Pedestrian and Bicycle Improvements.” Page 4 of 546 10.13 Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) Addition of Live Entertainment & Expansion of Approved Operating Hours for Beer & Wine Sales at an Existing Restaurant (Mariscos El Tiburon) Located at 543 Highland Avenue 313 Recommendation: Staff Recommends Approval of the Request for Live Entertainment and Extended Operating Hours, Subject to the Recommended Conditions in the Attached Planning Commission Resolution No. 2024-19, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol and Live Entertainment are Conditionally-Allowed Uses in the Minor Mixed-Use Corridor Zone and Would be Accessory to Food Sales at the Restaurant. 10.14 Ratification of a Subordination Agreement for an Affordable Housing Density Bonus Development Located at 1924 Harding Street. 365 Recommendation: Approve the Resolution Entitled, “Resolution of the City Council of the City of National City, California Ratifying a Subordination Agreement with Clara Futura Investments, LLC, a California Limited Liability Company, and U.S. Bank National Association, Subordinating the Deed of Trust Securing the Performance of an Affordable Housing Density Bonus Agreement Entered into on October 5, 2021 that Restricts One Housing Unit at 1924 Harding Street in National City.” 10.15 Ratification of a Subordination Agreement for an Affordable Housing Density Bonus Development Located at 2039 E 8th Street. 377 Recommendation: Approve the Resolution Entitled, “Resolution of the City Council of the City of National City, California Ratifying a Subordination Agreement with Talas, LLC, a California Limited Liability Company, and Endeavor Bank, Subordinating the Deed of Trust Securing the Performance of an Affordable Housing Density Bonus Agreement Entered into On August 6, 2024 that Restricts Three Housing Units At 2039 E 8th Street In National City.” 10.16 Redevelopment Obligations Payment Schedule for Fiscal Year 2025-26 (ROPS 25-26) and Associated Administrative Budget (SUCCESSOR AGENCY) 389 Recommendation: Adopt the Resolution Entitled, “Resolution of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, Approving the Recognized Obligation Payment Schedule (ROPS) for the Period July 1, 2025, through June 30, 2026 (ROPS 25-26) with Expenditures Totaling $4,128,681, Approving the Associated Administrative Budget of $67,654, and Approving the Submittal of both to the County of San Diego Countywide Redevelopment Successor Agency Oversight Board.” Page 5 of 546 10.17 Request to Install Red Curb “No Parking” at the Intersection of Harbison Avenue and E. 6th Street to Improve Visibility at the Intersection. 399 Recommendation: Authorizing the Installation of Red Curb “No Parking” at the Intersection of Harbison Avenue and E. 6th Street to Improve Visibility at the Intersection.” 10.18 Request To Install Two (2) Parallel “30-Minute” Parking Spaces in Front of V&P Wholesale Warehouse Located at 108 W. 18th Street to Increase Parking Turnover for Customers 411 Recommendation: Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of Two Parallel “30- Minute” Parking Spaces in Front of V&P Wholesale Warehouse Located at 108 W. 18th Street to Increase Parking Turnover for Customers.” 10.19 Resolution of the City Council of the City of National City Acknowledging Receipt of a California Coastal Commission Resolution of Certification of the City’s Local Coastal Plan Amendment Related to the Balanced Plan, Including Suggested Modifications. 420 Recommendation: Adopt the Resolution 10.20 Temporary Use Permit – The 16th Annual San Diego Granfondo Bike Ride Sponsored by Life Sports Foundation on April 6, 2025, with No Waiver of Fees. 492 Recommendation: Approve the Application for a Temporary Use Permit Subject to Compliance with all Conditions of Approval with No Waiver of Fees or in Accordance to City Council Policy 802. 10.21 Warrant Register #17 for the Period of 10/18/24 through 10/24/24 in the Amount of $5,763,144.78 515 Recommendation: Ratify Warrants Totaling $5,763,144.78 10.22 Warrant Register #18 for the Period of 10/25/24 through 10/31/24 in the Amount of $2,153,037.03 522 Recommendation: Ratify Warrants Totaling $2,153,037.03 Page 6 of 546 11.CONTINUED PUBLIC HEARING 11.1 Second Reading and Adoption of the Ordinance Establishing Speed Limits Based on Engineering and Traffic Surveys 530 Recommendation: Adopt an Ordinance entitled, “Ordinance of the City Council of the City of National City, California, Establishing Speed Limits on Portions of Sweetwater Road Based on Engineering and Traffic Surveys and Authorizing the Director of Public Works to Post Speed Limit Signs Consistent with the Recommendations of the Engineering and Traffic Surveys.” 12.STAFF REPORTS 12.1 Update on the Establishment of a Short-Term Rental Ordinance.537 Recommendation: File the Report and Provide Input on the Creation of a Short-Term Rental Ordinance. 13.CITY MANAGER’S REPORT 14.ELECTED OFFICIALS REPORT 14.1 Discussion and Possible Action of the City Council of a Censure of Councilmember Jose Rodriguez. 538 Discussion and Possible Action of the City Council of the City of National City of a Censure of Councilmember Jose Rodriguez for a Pattern of Violations of City Council Policy No. 119, Specifically Policy Nos. III (1), (2), (3), (10), and the Code of Fair Campaign Practices Sections 1 and 2. 15.CITY ATTORNEY REPORT 16.ADJOURNMENT Page 7 of 546 Page 8 of 546 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, MMC, City Clerk Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Appointments: City Boards, Commissions and Committees – City Council Appointment to the Port Commission. RECOMMENDATION: City Council Reappointing Incumbent GilAnthony Ungab as Port Commissioner for a 4-Year Term as provided in City Council Policy No. 107. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: On June 13, 2024, the City Council appointed GilAnthony Ungab as Port Commissioner to fulfill the remaining 6 months of a term. The vacancy was caused by action of the City Council at the meeting of Tuesday, May 7, 2024, to remove Sandy Naranjo as Port Commissioner. At the Regular City Council Meeting of November 19, 2024, the City Council considered the option provided in City Council Policy No. 107, which allows the City Council to reappoint an appointee, if that appointee served for less than one year in the position. Per City Council Policy No. 107, the City Council may reappoint without considering other applicants. City Council Policy No. 107, Section Policy – Appointment Process (B) (Exhibit A) does provide an option for the City Council: B. Unexpired terms. If an incumbent Appointee was appointed to fill an unexpired term and the Appointee serves for less than one year in that position, the Council may re-appoint the incumbent without considering other applicants. At that meeting on November 19th, the City Council voted 3-2 to consider the reappointment of Port Commissioner GilAnthony Ungab for a 4-year term ending December 2028 at a future meeting date of December 3, 2024. Ayes: Bush, Molina, Morrison Nayes: Rodriguez, Yamane Page 9 of 546 This City Council Appointment to the Port Commission is time-sensitive to meet a time-line that lines up with the Port District Board Meetings. The Port Clerk administers the Oath of Office of new Commissioners, usually scheduled for the first meeting of the Board of Port Commissioners in January of the new year. FINANCIAL STATEMENT: Not Applicable. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Communication and Outreach 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 – City Council Policy #107 Page 10 of 546 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: November 16, 2021 ADOPTED: June 17, 1986 POLICY # 107 TITLE: Appointments to Boards, Commission and Committees PURPOSE To establish a procedure to serve as a guide in making appointments to various City Boards, Commissions, and Committees. The City currently has the following Boards, Commissions, and Committees to which this Policy applies: Mayor’s Appointments: 1. Board of Library Trustees 2. Community and Police Relations Commission 3. Park, Recreation, and Senior Citizens Advisory Committee 4. Public Art Committee 5. Sweetwater Authority 6. Traffic Safety Committee 7. Veterans and Military Families Advisory Committee City Council Appointments: 1. Civil Service Commission 2. Planning Commission 3. Housing Advisory Committee including Ex-Officio Members 4. Port Commission POLICY Appointment Process A. Opportunity to apply. All interested individuals shall be given an opportunity to submit applications for vacancies on City Boards, Commissions, and Committees. Incumbent Appointees are not automatically re-appointed but are required to fill out an abbreviated application provided by the City Clerk, indicating their interest in continuing to serve. B. Unexpired terms. If an incumbent Appointee was appointed to fill an unexpired term and the Appointee serves for less than one year in that position, the Council may re- appoint the incumbent without considering other applicants. C. Vacancies. When vacancies occur, the following procedure shall be followed: 1. Schedule vacancy. When a term is expiring or expires, public notice of the vacancy shall be made, inviting interested individuals to submit applications for the vacancy on a form provided by the City Clerk on the City website. Unscheduled vacancy. An unscheduled vacancy shall be filled according to Page 11 of 546 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: November 16, 2021 ADOPTED: June 17, 1986 POLICY # 107 TITLE: Appointments to Boards, Commission and Committees Government Code Section 54974, which generally provides as follows: Whenever an unscheduled vacancy occurs, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the Office of the City Clerk, the City website, outside City Hall on the Bulletin Board, and on City social media platforms not earlier than twenty (20) days before or not later than twenty (20) days after the vacancy occurs. The City Council shall not make a final appointment for at least ten (10) working days after posting the notice in designated locations. The notice’s posting and application period shall be thirty (30) calendar days. However, if it finds that an emergency exists, the City Council may, fill the unscheduled vacancy immediately. According to this section, a person appointed to fill the vacancy shall serve only on an interim basis until the final appointment. The end of term for the members of Boards, Commissions, and Committees generally occurs in an annual rotation during the months of March and September. Appointments will be considered at those times unless a vacancy resulting from a resignation results in the lack of a Quorum on the Board, Commission, or Committee, in which case the appointment could occur at the time of the unscheduled vacancy in accordance with the procedure set out above. 3. Government Code Section 40605, and National City Municipal Code Title 16, grants the Mayor, with the City Council’s approvals, the authority to make all appointments unless otherwise explicitly provided by statute. The exceptions are: 1. Civil Service Commission 2. Planning Commission 3. Housing Advisory Committee including Ex-Officio Members 4. Planning Commission The City Council fills vacancies on these bodies. D. Implementation. Implementation of Council policy for appointment to Boards, Commissions, and Committees requires the following: 1. Per Government Code Section 54972, on or before December 31 of each year, the City Council shall prepare a list of appointments of all regular and ongoing Boards, Commissions, and Committees appointed by the City Council. The City Clerk will prepare the list of all regular and ongoing Boards, Commissions, and Committees appointed by the Mayor or the City Council. The list shall contain a list of all terms that will expire during the next calendar year, the incumbent appointee’s name, the appointment date, the term’s expiration date, and the position’s necessary qualifications. It shall also include a list of all Page 12 of 546 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: November 16, 2021 ADOPTED: June 17, 1986 POLICY # 107 TITLE: Appointments to Boards, Commission and Committees Boards, Commissions, and Committees whose members serve at the City Council’s pleasure and the qualifications required for each position. This Local Appointments List shall be made available to the public on the City website. 2. Notice. A public notice for vacancies must be placed in the newspaper of general circulation within the City, on the City’s website, City Hall Bulletin Boards, and City social media platforms. 3. Expiration of term. All appointees will receive a letter as their terms expire asking if they would like to re-apply for the position. 4. Applications. Applications shall be available on the City website and in the City Clerk’s Office. Submissions must be received before the advertised deadline for consideration for the appointment. All applications will be retained in the City Clerk’s Office for one year from the date the application was submitted. During the one-year retention period of the application, an applicant shall be considered for other vacancies on Boards, Commissions, and Committees. The City Clerk’s Office will notify the applicant being considered for an appointment to confirm that they are still interested in volunteering. 5. A member may only serve on one (1) Board, Commission, or Committee at a time. If an applicant applies for another position on a different Board, Commission, or Committee, that applicant will forfeit the prior seat and a vacancy will occur per policy. 6. Interviews: a. Mayor Appointments: Interviews for Mayoral appointments will be conducted by the Mayor outside of the public meeting and scheduled by the Mayor’s Office. b. City Council Appointments: Interviews for the four (4) Civil Service Commission, Planning Commission, Housing Advisory Committee, and Port Commission who serve at the City Council’s pleasure and are appointed by the City Council as a body will be interviewed in the public forum at a City Council Meeting as described below. 7. Mayoral Appointments: The Mayor will make the motion to appoint (naming the appointee) and Councilmembers may second the motion. The City Clerk will then take a roll call Page 13 of 546 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: November 16, 2021 ADOPTED: June 17, 1986 POLICY # 107 TITLE: Appointments to Boards, Commission and Committees vote of the City Council. A majority vote of the City Council will be required for the appointment. If the majority of the City Council choose to deny the proposed appointment, the Mayor shall either propose an alternative candidate from the current application pool or choose to reopen the application period and return to the City Council at a future City Council Meeting with a different applicant for consideration. If a Mayoral Appointment is not approved by the majority of the City Council by confirmation, that applicant is removed from the pool for that seat. The Mayor will return to a future meeting with a substitute Mayoral appointment. 8. For City Council Appointments, the Interview Process is as follows: a. The City Clerk will provide an overview of the Board, Commission, or Committee(s) with current vacancy (ies). The Mayor will introduce the applicant and two (2) questions will be asked of each applicant on behalf of the City Council. b. Each applicant is given two (2) minutes to make a brief introduction of themselves and their qualifications to the City Council. c. Mayor and City Councilmembers will ask questions of each applicant. All applicants must be asked the same questions. d. Total time per applicant is five (5) timed minutes with time allowed for clarification at the discretion of the City Council, not to exceed ten (10) minutes total per applicant. e. All appointments and interviews before the City Council will be scheduled as needed to fill unexpected vacancies, with every effort to be made before an individual's term expires. Interviews may take place at one meeting, with appointments made at a subsequent meeting. 9. Vacancies for City Council Appointed Positions. If the vacancy is for a City Council appointed position, and there is more than one (1) applicant for a given position, the voting process will proceed as follows: Once the interviews are complete, each Councilmember votes for their choice via a written ballot provided by the City Clerk. Each Councilmember shall print and sign their name on the ballot. All ballots shall be considered a public record and be open to inspection by the public. The ballots are passed to the City Clerk who announces the number of votes for each candidate. Page 14 of 546 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: November 16, 2021 ADOPTED: June 17, 1986 POLICY # 107 TITLE: Appointments to Boards, Commission and Committees If the appointment process is conducted via a virtual meeting the process is the same except the ballot/vote process. The City Clerk’s Office will provide a Vote Sheet (a piece of paper electronically) with the name of each applicant to be considered. The Mayor will count to three (3) and the Council will hold their vote sheet up in front of their face to make sure it is captured on the camera during the live virtual meeting. The City Clerk will tally the votes and will then confirm the votes with a verbal roll call. The applicant with the most votes is appointed. In the event of a tie, each Councilmember votes again until one (1) candidate has the majority vote and is declared to be the newly–appointed member of the Board, Commission, or Committee. 10. Re-appointment beyond two terms. Anyone wishing to be re-appointed to any Board, Commission, or Committee and has served two or more full terms already must be approved by a four-fifths vote of the City Council. If all five members of the City Council are not present, or if one member abstains or recuses their vote, the four- fifths requirement shall be changed to require only a simple majority. 11. Report to Council: All applications received for vacancies, whether Mayoral Appointment or City Council Appointment, will be attached to the staff report to Council. All applications will have private personal information redacted (name, street numbers and name of street address, and phone number). This redacted information is in alignment with Government Code Section 6255(a) because the public interest served by not disclosing the applicant’s personal, private information and protection of the applicant’s right to privacy outweighs the public interest served by disclosing that information. 12. An automatic vacancy upon becoming a Non-Resident. An unscheduled vacancy automatically occurs when a resident holding an appointment position on a City Board, Committee, or Commission becomes a non-resident by moving out of National City limits. When an unscheduled vacancy occurs due to a resident becoming a non-resident, the unscheduled vacancy may be filled as follows: a. A special vacancy notice shall be posted in the Office of the City Clerk, and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final Appointment at a City Council Meeting shall not be made by the Appointing Authority for at least 10 working days after the posting of the notice in the City Clerk’s Office. Page 15 of 546 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: November 16, 2021 ADOPTED: June 17, 1986 POLICY # 107 TITLE: Appointments to Boards, Commission and Committees b. The Appointing Authority may appoint the former resident to a Non- Residential position if a Non-Residential position is vacant. However, the Appointing Authority may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section. 13. Only City Residents may be elected to Chair and Vice-Chair positions. To be eligible to be elected as the Chairperson of a City Board, Committee, or Commission, the member must be a resident of the City. 14. Resignations, Attendance, Training, and Removals Resignation: If a Commissioner or Member of a Board, Committee, or Commission is unable to continue serving because of health, business requirements, or personal reasons, a letter of resignation shall be submitted to the City Clerk, who will present to the City Council. Attendance: Regular attendance at meetings is critical to be effective operation of City Boards, Commissions, and Committees. The City Council relies on the advice of the City’s Boards, Commissions, and Committees, which is the result of discussions among appointed members. The City Council anticipates that members of Boards, Committees, and Commissions shall make every reasonable effort to attend all regular and special meetings of their respective Boards, Commissions, and Committees, and to be prepared to discuss matters on their respective agendas. A Commissioner or Member of a Board, Committee, or Commission shall be considered removed from any advisory board under the following conditions: 1. A Commissioner or Member of a Board, Committee, or Commission with unexcused absences from three consecutive regularly scheduled meetings. 2. A Commissioner or Member of a Board, Committee, or Commission misses more than 25% of the advisory body’s meetings in a calendar year. Page 16 of 546 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: November 16, 2021 ADOPTED: June 17, 1986 POLICY # 107 TITLE: Appointments to Boards, Commission and Committees 3. A Commissioner or Member of a Board, Committee, or Commission must be present at least one hour, or 50% of the entire meeting, whichever is less, to be counted as present for purposes of attendance. Excused Absences: An “excused absence” is only granted when absolutely necessary and pre- approved if at all possible. The City Council encourages Boards, Commissions, and Committees to refrain from scheduling meetings on cultural and religious holidays in order to encourage full participation by all Commissioners, Board Members, and the public. The pre-approval of excused absences will be by the body as a whole and documented in the meeting minutes. Excused absences are listed as follows: 1. Illness of the Commissioner or Member of the Board, Committee, or Commission, their family member, or their personal friend; 2. Business commitment of the Commissioner or Member of the Board, Committee, or Commission that interferes with the attendance at a meeting; 3. Attendance of the Commissioner or Member of the Board, Committee, or Commission at a funeral, religious service or ceremony, wedding, or other similarly-significant event; or 4. Other reason for which the Commissioner or Member of the Board, Committee, or Commission has given notice to the Chairperson or Secretary of their unavailability fifteen (15) days in advance, as long as the unavailability is not expected to last longer than 30 days. Removal: The Secretary or Lead of each Board, Commission, or Committee will report the attendance to the Office of the City Clerk on a monthly basis. If the attendance or absences fall within these guidelines, the Office of the City Clerk will prepare a report to City Council for review and possible removal of the Commissioner, Member, or Alternate sitting on the Board, Committee, or Commission. Any Commissioner, Member, or Alternate sitting on a Board, Committee, or Commission may be removed from office at any time by a simple majority vote of the City Council at a regularly scheduled Council meeting with or without cause. Mandatory Training and Filing Requirements: Commissioners and Members of Board, Committee, or Commission, as appointed by the legislative body, are entrusted with certain responsibilities and Page 17 of 546 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: November 16, 2021 ADOPTED: June 17, 1986 POLICY # 107 TITLE: Appointments to Boards, Commission and Committees concomitant training and reporting. The following are requirements of Commissioners and Members of Boards, Commissions, and Committees. This training is required to be completed within 30 days of appointment or notification. 1. Oath of Office (Article XX of the California Constitution, and California Government Code Section 36507) 2. Fair Political Practices Commission (FPPC) Statement of Economic Interest Form 700 Filing (California Government Code Section 87100 et seq) 3. AB1234 Ethics Training (California Government Code Section 53235.1(b)) 4. Sexual Harassment Training 5. Brown Act Training 6. Social Media Training 7. Any training required by State Law, Federal Law, or City Policies. All training is offered in a variety of formats including in person, via Zoom, training website/software, and pre-recorded video. Currently, these are all requirements of the Mayor and City Council, and City staff. Removal: Failure to complete any of these requirements within 30 days of the appointment date or date of notification is cause for automatic removal. Related Policy References Government Code Section 40605 Government Code Section 54970, et seq. Article XX of the California Constitution, and California Government Code Section 36507 California Government Code Section 53235(b) California Government Code Section 87100 et seq National City Municipal Code Title 16 (pending) Prior Policy Amendments: February 2, 2021 (Resolution No. 2021-08) May 19, 2020 (Resolution No. 2020-95) November 9, 1993 (Resolution No. 93-173) June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147) May 19, 2020 (Resolution No. 2020-20) Page 18 of 546 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, MMC, City Clerk Meeting Date: Tuesday, December 3, 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 November 6, 2024 Special City Council Meeting of November 12, 2024 Special City Council Meeting of November 19, 2024 Regular City Council Meeting of November 19, 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 November 6, 2024 – Meeting Minutes Exhibit B - Special City Council Meeting of November 12, 2024 – Meeting Minutes Exhibit C - Special City Council Meeting of November 19, 2024 – Meeting Minutes Exhibit D - Regular City Council Meeting of November 19, 2024 – Meeting Minutes Page 19 of 546 SPECIAL MEETING MINUTES OF THE CITY COUNCIL November 6, 2024, 4:30 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 Lydia Hernandez, Human Resources Director Bruce Foltz, Finance Director Tonya Hussain, Deputy City Clerk ____________________________________________________________________________ 1. CALL TO ORDER A Special Meeting of the City Council of the City of National City was called to order at 4:34 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) Mayor Morrison summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced City Clerk Chapel. Seven (7) speakers provided in-person comment: Juanita Castaneda Elyana Delgado Jeremy Day Zaide Jurado Karla Apalategui Sue Pfeifer Carl Adkins Page 20 of 546 5. CLOSED SESSION Members retired into Closed Session at 4:45 p.m. with all members present in attendance: Bush, Molina, Rodriguez, Yamane, Morrison, Martinez, and Schultz. 5.1 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) Bruce Foltz (Finance Director) Paul Valadez (Budget Manager- Finance) Lydia Hernandez (Human Resources Director) All members returned to the open session at 5:52 p.m. with all members present in attendance: Bush, Molina, Rodriguez, Yamane, Morrison, Martinez, Schultz, Foltz, Hernandez, and Berliner. City Attorney Schultz stated there was no action taken and nothing to report. 6. ADJOURNMENT Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, November 19, 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 5:53 p.m. ___________________________ Shelley Chapel, MMC, City Clerk The foregoing minutes were approved at the Regular Meeting of December 3, 2024. __________________________ Ron Morrison, Mayor Page 21 of 546 SPECIAL MEETING MINUTES OF THE CITY COUNCIL November 12, 2024, 4:30 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 Bruce Foltz, Director of Finance Lydia Hernandez, Director of Human Resources Tonya Hussain, Deputy City Clerk _____________________________________________________________________ 1. CALL TO ORDER A Special Meeting of the City Council of the City of National City was called to order at 4:36 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 Councilmember Rodriguez led the Pledge of Allegiance. 4. PUBLIC COMMENT (Public Comment will be restricted to Agenda Items Only) One public comment was received from Kathya Santibanez, Field Representative for Assemblymember David Alvarez. Page 22 of 546 5. CLOSED SESSION Members retired into Closed Session at 4:39 p.m. and returned at 6:08 p.m. with all members present in attendance: Bush, Rodriguez, Yamane, Morrison, Molina, Martinez, Schultz, Foltz, Hernandez and Labor Negotiator Steven Berliner (via Zoom). Attorney Schultz reported out that the City Council had given direction to the negotiator. 5.1 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) Bruce Foltz (Finance Director) Paul Valadez (Budget Manager- Finance) Lydia Hernandez (Human Resources Director) 6. ADJOURNMENT Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, November 19, 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 6:08 p.m. ___________________________ Tonya Hussain, Deputy City Clerk The foregoing minutes were approved at the Regular Meeting of December 3, 2024. __________________________ Ron Morrison, Mayor Page 23 of 546 SPECIAL MEETING MINUTES OF THE CITY COUNCIL November 19, 2024, 4:30 p.m. City Council Chamber - 1243 National City Boulevard National City, CA and Teleconference Location (Councilmember Molina) Dallas Marriott Downtown Hotel 650 N. Pearl Street Dallas, TX 75201 Room Number: To Be Determined (Per Government Code 54953) Present: Councilmember Bush Councilmember Molina (Via Zoom – Teleconferenced) Councilmember Rodriguez Vice-Mayor Yamane Mayor Morrison Others Present: Benjamin A. Martinez, City Manager Barry J. Schultz, City Attorney Shelley Chapel, City Clerk Bruce Foltz, Finance Director Lydia Hernandez, Human Resources Director Steven Berliner, Labor Negotiator ____________________________________________________________________________ 1. CALL TO ORDER A Special Meeting of the City Council of the City of National City was called to order at 4:40 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. Mayor Morrison announced that Councilmember Molina would be attending remotely as noticed on the agenda from a location in Dallas, Texas. Due to the requirements of AB2449, this virtual attendance did not qualify, but since the notification and location were provided prior to the distribution and posting of the meeting agenda, Councilmember Molina was able to attend if requirements were met. Mayor Morrison confirmed that Councilmember Molina had posted the agenda and provided access to the meeting at her Page 24 of 546 location as required by the Brown Act and Government Code Section 54953. Councilmember Molina confirmed and was allowed to continue virtually. This action does not require a vote of the City Council. Mayor Morrison informed the Councilmembers that due to time restraints of the Regular Meeting beginning at 6:00 p.m., Item 5.2 would be discussed at a future meeting. 2. ROLL CALL Councilmembers present: Bush, Molina (Teleconferenced), Rodriguez, Yamane, Morrison 3. PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Bush led the Pledge of Allegiance. 4. PUBLIC COMMENT (Public Comment will be restricted to Agenda Items Only) Mayor Morrison summarized the process for acceptance of live public comment allowing two (2) minutes per comment and introduced City Clerk Chapel. Nine (9) spoken comments were received: James Kim Ed Nieto Andrew Del Sol Williamson James Slade Eddie Sanchez Hilda Perez Paul Wapnowski Araceli Covarrubias Jeremy Day 5. CLOSED SESSION 5.1 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) Bruce Foltz (Finance Director) Lydia Hernandez (Human Resources Director) Labor Negotiator Steven Berliner entered Closed Session. Pulled from the agenda to be heard at a future meeting. 5.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957.6 Position to be Reviewed: City Manager Page 25 of 546 All members returned to the open session at 6:35 p.m. with all members present in attendance: Bush, Molina (teleconferenced), Rodriguez, Yamane, Morrison, Martinez, Schultz, Foltz, and Hernandez. Announcement of actions taken in Closed Session shall be made at the Regular City Council Meeting following the Regular City Council meeting at 6:00 p.m. 6. ADJOURNMENT Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, November 19, 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 6:35 p.m. ___________________________ Shelley Chapel, MMC, City Clerk The foregoing minutes were approved at the Regular Meeting of December 3, 2024. __________________________ Ron Morrison, Mayor Page 26 of 546 REGULAR MEETING MINUTES OF THE CITY COUNCIL November 19, 2024, 6:00 p.m. City Council Chamber - 1243 National City Boulevard National City, CA and Teleconference Location (Councilmember Molina) Dallas Marriott Downtown Hotel 650 N. Pearl Street Dallas, TX 75201 Room Number: To Be Determined (Per Government Code 54953) Present: Councilmember Bush Councilmember Molina (Via Zoom – Teleconferenced) Councilmember Rodriguez Vice-Mayor Yamane Mayor Morrison Others Present: Ben Martinez, City Manager Barry J. Schultz, City Attorney Shelley Chapel, City Clerk Carlos Aguirre, Director of Community Development Bruce Foltz, Director of Finance Danielle Ghio, City Librarian Brian Hadley, Deputy City Manager Alex Hernandez, Chief of Police Lydia Hernandez, Director of Human Resources Tonya Hussain, Deputy City Clerk Steve Manganiello, Director of Engineering & Public Works Sergio Mora, Fire Chief David Welch, Associate Planner Ron Williams, IT Manager _____________________________________________________________________ Page 27 of 546 1. CALL TO ORDER A Regular Meeting of the City Council of the City of National City was called to order at 6:42 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 (via Zoom), Rodriguez, Yamane, Morrison. Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon. 3. PLEDGE OF ALLEGIANCE TO THE FLAG Vice-Mayor Yamane led the Pledge of Allegiance. 4. INVOCATION Delivered by Pastor Reuben, Fruit of the Vine Church. Item taken out of Order 6.1 Proclamation - Latina Equal Pay Day Mayor Morrison introduced the Proclamation. Representatives for MANA de San Diego accepted the Proclamation. 5. PUBLIC COMMENT Mayor Morrison summarized the process for acceptance of live public comment allowing two (2) minutes per comment and introduced City Clerk Chapel. Virtual Comment: Becky Rapp Peggy Walker Kelly McCormick Megan Stuart Barbara Gordon Riley Steinley Terri Skelly In-person comment: Karen McManus Geoffrey Schrock Joy O. Manuel Andrade John Dale Noriega Sherry Gogue Ted Godshalk Truth Alisha Morrison Doyle Morrison Ed Nieto Page 28 of 546 6. PROCLAMATIONS AND RECOGNITION 6.2 Introduction of New City Employees City Librarian Danielle Ghio and Director of Engineering & Public Works Steve Manganiello introduced new department staff. Director Manganiello, Chief of Police Alex Hernandez, and City Manager Ben Martinez announced department promotions. 7. PRESENTATION (Limited to Five (5) Minutes each) 7.1 Community Calendar City Manager Ben Martinez introduced the item and with Co-founder & Chief Growth Officer Asaf Heilig provided a presentation via Zoom. IT Manager Ron Williams provided closing comments. 8. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) Councilmember Rodriguez provided an update on the SANDAG Mobility Working Group meeting. Councilmember Bush spoke to the business of the San Diego County Air Pollution Control Board and Metropolitan Transit System Board meetings. Vice-Mayor Yamane provided an update on Sweetwater Authority, Metro Wastewater JPA, and San Diego County Water Authority meetings. Councilmember Molina reported on the business of SANDAG. Mayor Morrison had nothing to report. 9. INTERVIEWS AND APPOINTMENTS 9.1 Appointments: City Boards, Commissions and Committees – Mayoral Appointment to the Traffic Safety Committee. Recommendation: Mayoral Appointment with City Councilmembers’ Confirmation. ACTION: Motion by Mayor Morrison, seconded by Councilmember Bush to appoint Amelito Gozum to the Traffic Safety Commission for a term ending September 30, 2027. Motion carried by unanimous vote. 9.2 Approval of the City Council to Reappoint Incumbent to the Port Commissioner Position for a 4-Year Term. City Clerk Shelley Chapel provided a report on the item. Page 29 of 546 Written Public Comment was received from: Alma Gomez Clara Turrado Espereanza Guillent Martha Quintanar Pilar Gomez Raquel Quinonez Rosa Gonzalez Sorina Vazquez Debbie Discar-Espe Beverly Codallos Audie J. de Castro Ted Godshalk In Favor but did not wish to speak DeShang Weaver In-Person Public Comment: Randi Castle-Salgado JoAnn Fields Paul Wapnowski Alexander Fernandez Ed Nieto Recommendation: Provide Staff Direction. As a City Council Appointment this action would require the majority of the City Council to move forwar d with this approach. ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina to move forward with the process to re-appoint the incumbent, GilAnthony Ungab, at the December 3, 2024 City Council Meeting. Ayes: Bush, Molina, Morrison Nays: Rodriguez, Yamane Motion carried by 3-2 vote. 10. CONSENT CALENDAR ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to approve the Consent Items with the exception of items 10.8 pulled by Vice-Mayor Yamane; 10.18 pulled by Councilmember Rodriguez; 10.20 and 10.21 pulled by Councilmember Bush; and, 10.16, 10.19, 10.36, 10.37, 10.38, 10.39, 10.40, and 10.41 pulled by members of the public. Motion carried by unanimous vote. Page 30 of 546 10.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda. Motion carried by unanimous vote. 10.2 Establishing American Rescue Plan Act (ARPA) Appropriations for Capital Projects. Adopted Resolution No. 2024-129. Written comment received from Ted Godshalk. Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Establishment of American Rescue Plan Act Fund Appropriations for the Following Capital Projects: A) Kimball Park Lighting in the Amount of $228,800; B) Las Palmas Park Improvements in the Amount of $2,902,002; C) El Toyon Park Improvements in the Amount of $822,762; and D) Police Department Facility Upgrades in the Amount of $1,420,880; and 2) Authorizing the Establishment of Appropriations in the Amount of $95,435 in the Vehicle Acquisition Fund for Transfer to the American Rescue Plan Act Fund.” Motion carried by unanimous vote. 10.3 Approval of City Council Meeting Minutes. Approve and File. Motion carried by unanimous vote. 10.4 Acceptance of an Easement for Channel Construction and Maintenance Along the North Side of Paradise Creek, Located North of Paradise Valley Road and East of Plaza Blvd. Adopted Resolution No. 2024-130. Written comment received from Ted Godshalk. Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Accepting and Authorizing the Mayor to Sign a Grant of Easement from the Santos Family Trust 08-11-03 for an Area Along the North Side of Paradise Creek, Located North of Paradise Valley Road and East of Plaza Blvd, for Channel Construction and Maintenance." Motion carried by unanimous vote. Page 31 of 546 10.5 Adopting an updated Quality Assurance Program (QAP) Adopted Resolution No. 2024-131. Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Adopting an Updated Quality Assurance Program that Provides Sampling and Testing Procedures to Ensure that Materials Incorporated into Construction Projects are in Conformance with the Contract Specifications and Caltrans Requirements for Federal-Aid Projects; and 2) Authorizing the City Manager or their Designee to Execute the Quality Assurance Program.” Motion carried by unanimous vote. 10.6 Agreement with the City of Chula Vista to Provide Animal Shelter Services and Related Administrative Services. Adopted Resolution No. 2024-132. Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute an Agreement with the City of Chula Vista for Animal Shelter and Related Administrative Services for National City in a Not-to-Exceed Amount of $499,656 for Fiscal Year 2025.” Motion carried by unanimous vote. 10.7 Agreement with the Solana Center for Environmental Innovation for Senate Bill (SB) 1383 Compliance Support Services. Adopted Resolution No. 2024-133. Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Mayor to Execute an Agreement with the Solana Center for Environmental Innovation for SB 1383 Compliance Support Services for a Not-to-Exceed Amount of $165,976, and 2) Authorizing the Re-Budgeting of the Appropriation in the Amount of $165,976 in the Trash Rate Stabilization Fund.” Motion carried by unanimous vote. Item pulled for discussion. 10.8 Amendments and Additions to the City of National City’s Schedule of Job Classifications and the Management and Confidential Positions Salary Schedule. Adopted Resolution No. 2024-134. Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Creating Three (3) New Job Classifications, Revising the Job Descriptions for Six (6) Existing Job Classifications, Approving Two (2) Page 32 of 546 Reclassifications, and amending the National City Confidential and Management Positions Salary Schedules to Reflect the New Job Classifications.” ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to pause the item for approval. Substitute motion by Councilmember Bush, seconded by Mayor Morrison to adopt the resolution and for staff to return at a Council meeting in January 2025 to discuss Councilmember staff positions and classifications. Ayes: Bush, Molina, Yamane, Morrison Nays: Rodriguez Motion carried by 4-1 vote. 10.9 Annual Update of Investment Policy, City Council Policy No. 203. Adopted Resolution No. 2024-135. Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Adopting City Council Policy No. 203, Investments.” Motion carried by unanimous vote. 10.10 Approval of a Construction and Maintenance Agreement with San Diego Metropolitan Transit System to allow National City to Use a Portion of the 8th Street Transit Center Parking Lot for the Construction and Use of a Covered Storage Area with Solar Charging. Adopted Resolution No. 2024-136. Adopt a Resolution Entitled, “Resolution of the City Council of the City National City, California, Authorizing the Mayor to Execute a Construction and Maintenance Agreement with San Diego Metropolitan Transit System for Use of a Portion of the 8th Street Transit Center Lot for Construction and Operations Related to the Free Ride Around National City Neighborhood Electric Vehicle Shuttle Program.” Motion carried by unanimous vote. 10.11 Authorizing the Purchase of an Aerial Boom Truck for the Public Works Parks Division. Adopted Resolution No. 2024-137. Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.110(B) Regarding Exceptions to Formal Competitive Bidding and Authorizing the Purchase of a 2025 Freightliner Forestry Aerial Boom Page 33 of 546 Truck from Commerce Truck Equipment Sales, LLC in a Not-to-Exceed Amount of $254,795.06 for the Public Works Parks Division; 2) Authorizing the Establishment of an Appropriation in the Amount of $254,796 in the Vehicle Acquisition Fund; and 3) Authorizing the City Manager to Approve Adjustments of Up to $25,479 to the Not-to-Exceed Amount for the Purchase as a 10% Contingency for Unforeseen Fluctuations in Pricing.” Motion carried by unanimous vote. 10.12 Awarding a Contract to AP General Corp for the Las Palmas Park Improvements Project, CIP No. 24-13. Adopted Resolution No. 2024-138. Written comment received from Ted Godshalk. Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Rejecting All Bids Received on September 13, 2024 for the Las Palmas Park Improvements Project, CIP No. 24-13; 2) Awarding a Contract to A.P. General Corporation in the Not-to-Exceed Amount of $3,189,002 for the Las Palmas Park Improvements Project, CIP No. 24-13; 3) Authorizing a 15% Contingency in the Amount of $478,350 for any Unforeseen Changes; 4) Authorizing the Mayor to Execute the Contract; and 5) Authorizing the Establishment of an Appropriation of $2,189,002 in the American Rescue Plan Act Fund for the Las Palmas Park Improvements Project.” Motion carried by unanimous vote. 10.13 Awarding a Contract to Aster Construction Services for the FY24 and FY25 ADA Improvements Project CIP No. 24-04. Adopted Resolution No. 2024-139. Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Rejecting All Bids Received on May 17, 2024 for the FY24 and FY25 ADA Improvements Project, CIP No. 24-04; 2) Awarding a Contract to Aster Construction Services in the Not-to-Exceed Amount of $990,716 for the FY24 and FY25 ADA Improvements Project, CIP No. 24-04; 3) Authorizing a 15% Contingency in the Amount of $148,607 for any Unforeseen Changes; and 4) Authorizing the Mayor to Execute the Contract.” Motion carried by unanimous vote. 10.14 Awarding a Contract to Blok Modular Constructors, Inc. for the Las Palmas Pool Modular Buildings Project, CIP 24-18. Adopted Resolution No. 2024-140. Page 34 of 546 Written comment received from Ted Godshalk. Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Blok Modular Constructors, Inc. in the Not-to-Exceed Amount of $713,000 for the Las Palmas Pool Modular Buildings Project, CIP No. 24-18; 2) Authorizing a 15% Contingency in the Amount of $106,950 for any Unforeseen Changes; 3) Authorizing the Mayor to Execute the Contract; and 4) Authorizing the Establishment of an Appropriation of $713,000 in the American Rescue Plan Act Fund for the Las Palmas Pool Modular Buildings Project.” Motion carried by unanimous vote. 10.15 Awarding a Contract to Dick Miller Inc. for the El Toyon Park Proposition 68 Improvements, CIP No. 22-26. Adopted Resolution No. 2024-141. Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, 1) Rejecting All Bids Received on June 13, 2024, for the El Toyon Park Proposition 68 Improvements, CIP No. 22-26; 2) Awarding a Contract to Dick Miller, Inc. in the Not-to-Exceed amount of $5,334,781 for the El Toyon Park Proposition 68 Improvements, CIP No. 22-26; 3) Authorizing a 10% Contingency in the Amount of $533,478 for any Unforeseen Changes; 4) Authorizing the Mayor to Execute the Contract; and 5) Authorizing the Establishment of an Appropriation of $822,762 in the American Rescue Plan Act Fund for the El Toyon Park Proposition 68 Improvements.” Motion carried by unanimous vote. Item pulled for discussion. 10.16 Awarding a Contract to Endelos Construction, LLC, for the Police Department Generator and Electrical Upgrades Project, CIP No. 20-04. Adopted Resolution No. 2024-142. Public comment received from Thomas Rike. Director of Engineering & Public Works Steve Manganiello provided a brief report. Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California 1) Rejecting All Bids Received on May 9, 2024 for the Police Department Generator and Electrical Upgrades Project, CIP No. 20- 04; 2) Awarding a Contract to Endelos Construction LLC in the Not-to-Exceed Amount of $1,420,880 for the Police Department Generator and Electrical Upgrades Project, CIP No. 20-04; 3) Authorizing a 15% Contingency in the Amount of $213,132 for any Unforeseen Changes; 4) Authorizing the Mayor to Execute the Page 35 of 546 Contract; and 5) Authorizing the Establishment of an Appropriation in the Amount of $1,420,880 in the American Rescue Plan Act Fund for the Police Department Generator and Electrical Upgrades Project” ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to adopt the resolution. Motion carried by unanimous vote. 10.17 Awarding a Contract to Huntington Beach Electric, Inc. for the Kimball Park Ballfield Lighting Improvements Project, CIP No. 24-10. Adopted Resolution No. 2024-143. Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Huntington Beach Electric, Inc. in the Not-to-Exceed Amount of $228,800 for the Kimball Park Ballfield Lighting Improvements Project, CIP No. 24-10; 2) Authorizing a 15% Contingency in the Amount of $34,320 for any Unforeseen Changes; 3) Authorizing the Mayor to Execute the Contract; and 4) Authorizing the Establishment of an Appropriation of $228,800 in the American Rescue Plan Act Fund for the Kimball Park Ballfield Lighting Improvements Project.” Motion carried by unanimous vote. Item pulled for discussion. 10.18 Awarding a Contract to Martin Marietta San Diego Aggregates LLC dba ATP General Engineering Contractors for the FY24 and FY25 Pavement Rehabilitation Project, CIP NO. 23-15. Adopted Resolution No. 2024-144. Director of Engineering & Public Works Steve Manganiello provided a brief report. Recommendation: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Rejecting All Bids Received on May 21, 2024 for the FY24 and FY25 Pavement Rehabilitation Project, CIP No. 23-15; 2) Awarding a Contract to Martin Marietta San Diego Aggregates, LLC dba ATP General Engineering Contractors in the Not-to-Exceed Amount of $5,732,474 for the FY24 and FY25 Pavement Rehabilitation Project, CIP No. 23-15; 3) Authorizing a 10% Contingency in the Amount of $573,247 for any Unforeseen Changes; and 4) Authorizing the Mayor to Execute the Contract.” ACTION: Motion by Councilmember Rodriguez, seconded by Vice-Mayor Yamane to adopt the resolution. Motion carried by unanimous vote. Page 36 of 546 Item pulled for discussion. 10.19 Awarding a Contract to Metrocell Construction, Inc., for the 8th St. Mobility Hub for the FRANC NEV Shuttle project, CIP No. 22-25. Adopted Resolution No. 2024-145. Public comment received from Thomas Rike. Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Metrocell Construction, Inc. in the Not-to-Exceed Amount of $386,125 for the 8th St. Mobility Hub for the FRANC NEV Shuttle Project, CIP No. 22-25; 2) Authorizing a 15% Contingency in the Amount of $57,919 for any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Contract.” ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane adopt the resolution. Motion carried by unanimous vote. Item pulled for discussion. 10.20 Eighteenth Amendment to an Option to Purchase Agreement with the County of San Diego for the Purchase of an Open Space Easement. (Parking Authority) Adopted Resolution No. 2024-3. Recommendation: Approve the Resolution Entitled “Resolution of the Parking Authority of the City of National City, California, Authorizing and Ratifying the Eighteenth Amendment to the Option to Purchase Agreement with the County of San Diego for the Purchase of an Open-Space Easement on a 15.08-acre Parcel of Land at the Southwest Corner of Sweetwater Road and Bonita Center Road that Extends the Escrow for Twelve Months after the Opening of Escrow. ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to adopt the resolution. Ayes: Molina, Rodriguez, Yamane, Morrison Nays: Bush Motion carried by 4-1 vote. Item pulled for discussion. 10.21 Eleventh Amendment to an Option to Purchase Agreement with CarMax. (Parking Authority) Adopted Resolution No. 2024-4. Page 37 of 546 Recommendation: Approve the Resolution Entitled “Resolution of the Parking Authority of the City of National City, California, Authorizing and Ratifying the Eleventh Amendment to the Option to Purchase Agreement Between the Parking Authority and CarMax Auto Superstores California, LLC, a Virginia Limited Liability Company, Providing Six Months from Execution of the Eleventh Amendment to Process and Record a Final Parcel Map and Requiring Escrow to Close Two Days after Recording the Final Parcel Map.” ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to adopt the resolution. Ayes: Molina, Rodriguez, Yamane, Morrison Nays: Bush Motion carried by 4-1 vote. 10.22 FY 2023-24 Development Impact Fees Annual Report Accept and File the Report. Motion carried by unanimous vote. 10.23 Installation of 19 Feet of Red Curb “No Parking” in Front of the Residence Located at 2130 E. 12th Street to Improve Visibility at the Intersection of E. 12th Street and Grove Street. Adopted Resolution No. 2024-146. Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California Authorizing the Installation of 19 Feet of Red Curb “No Parking” in Front of the Residence Located at 2130 E. 12th Street to Improve Visibility at the Intersection of E. 12th Street and Grove Street.” Motion carried by unanimous vote. 10.24 Installation of Time-Restricted “No Parking Street Sweeping” Signs on the East Side of Highland Avenue Between E. 2nd Street and Melrose Street. Adopted Resolution No. 2024-147. Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of Time-Restricted “No Parking Street Sweeping” Signs “Friday, 4:00 AM to 6:00 AM,” with the Exception of City Holidays, on the East Side of Highland Avenue between E. 2nd Street and Melrose Street.” Motion carried by unanimous vote. Page 38 of 546 10.25 Notice of Decision – Planning Commission approval of a Conditional Use Permit (CUP) for beer and wine sales at an existing restaurant (Mr. Pulpo Seafood) located at 831 East 8th Street. Staff recommends approval of the sale of on-site beer and wine, subject to the recommended conditions in the attached resolution and a determination that the project is exempt from CEQA. The sale of beer and wine is a conditionally-allowed use in the Major Mixed-Use Corridor zone and would be accessory to food sales at the restaurant. Motion carried by unanimous vote. 10.26 Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) Modification for Beer and Wine Sales at a New Restaurant (Tacos El Franc) Located at 3030 Plaza Bonita Road, Suite 1108. Staff Recommends Approval of the Request to Modify the Existing Conditional Use Permit (CUP) for On-Site Beer and Wine Sales for a New Restaurant (Tacos El Franc) to Expand into the Adjacent Suite, Subject to the Recommended Conditions in the Attached Resolution and a Determination that the Project is Exempt from CEQA. The Sale of Beer and Wine is a Conditionally-Allowed Use in the Major Mixed-Use District Zone and Would be Accessory to Food Sales at the Restaurant. Motion carried by unanimous vote. 10.27 2025 Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant Number PT25188 in the Amount of $195,000. Adopted Resolution No. 2024-148. Written comment received from Ted Godshalk. Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Acceptance of the 2025 Office of Traffic Safety Selective Traffic Enforcement Program Grant in the Amount of $195,000, and Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $195,000.” Motion carried by unanimous vote. 10.28 Project Close-Out and Notice of Completion for the Las Palmas Swimming Pool Renovation Project, CIP No. 22-01. Adopted Resolution No. 2024-149. Written comment received from Ted Godshalk. Page 39 of 546 Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by California Commercial Pools, Inc. for the Las Palmas Swimming Pool Renovation Project, CIP No. 22-01; 2) Approving the Final Contract Amount of $3,447,287.51; 3) Ratifying the Release of Retention in the Amount of $172,989.13; and 4) Authorizing the Mayor to Sign the Notice of Completion.” Motion carried by unanimous vote. 10.29 Project Close-Out and Notice of Completion for the P-1 Sewer Upsize Project - Phase II, CIP No. 20-01. Adopted Resolution No. 2024-150. Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by Ortiz Corporation for the P-1 Sewer Upsize Project - Phase II, CIP 20-01; 2) Approving the Final Contract Amount of $1,478,225.71; 3) Ratifying the Release of Retention in the Amount of $73,911.30; and 4) Authorizing the Mayor to Sign the Notice of Completion. Motion carried by unanimous vote. 10.30 Summary Vacation of an Unused and Undeveloped Section of Paradise Avenue East of Plaza Blvd. Adopted Resolution No. 2024-151. Written comment received from Ted Godshalk. Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City Authorizing the Execution of an Order of Vacation of an Unused Section of Paradise Avenue East of Plaza Blvd.” Motion carried by unanimous vote. 10.31 Temporary Use Permit – Chrome Ball Tour Hosted by San Diego Football Club at Kimball Park on November 23, 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. 10.32 Temporary Use Permit – Kimball Park Spring Carnival Hosted by Paul Maurer Shows at Kimball Park from Thursday, April 3, 2025, through Sunday, April 6, 2025, with No Waiver of Fees. Page 40 of 546 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. 10.33 Vehicle Purchase for the Fire Department Adopted Resolution No. 2024-152. Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract #091521-NAF with National Auto Fleet Group for the Purchase and Buildout of a 2024 Ford Super Duty F-250 SRW (W2B) XLT 4WD Crew Cab; 2) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.220(B) Regarding the Purchasing of Emergency Lighting and Controller for the New Vehicle; 3) Approving the Purchase of a Flatbed Trailer and Camper Shell from the Lowest Responsive, Responsible Bidders; and 4) Approving the Establishment of Appropriations and Transfers and a Corresponding Revenue Budget in the General Fund and Vehicle Replacement Fund Based on Funding from the Lower Sweetwater Fire Protection District’s Equipment Replacement Fund in a Not-to- Exceed Amount of $95,040.00.” Motion carried by unanimous vote. 10.34 Investment transactions for the Month Ended July 31, 2024. Accept and File the Investment Transaction Ledger for the Month Ended July 31, 2024. Motion carried by unanimous vote. 10.35 Investment Transactions for the Month Ended August 31, 2024. Accept and File the Investment Transaction Ledger for the Month Ended August 31, 2024. Motion carried by unanimous vote. Item pulled for discussion. 10.36 Warrant Register #11 for the period of 9/06/24 through 9/12/24 in the amount of $2,289,177.07 Public comment received from Thomas Rike. Page 41 of 546 Recommendation: Ratify Warrants Totaling $2,289,177.07 ACTION: Motion by Councilmember Rodriguez, seconded by Vice-Mayor Yamane to ratify the warrants. Motion carried by unanimous vote. Item pulled for discussion. 10.37 Warrant Register #12 for the period of 9/13/24 through 9/19/24 in the amount of $377,403.34 Public comment received from Truth. Recommendation: Ratify Warrants Totaling $377,403.34. ACTION: Motion by Councilmember Rodriguez, seconded by Vice-Mayor Yamane to ratify the warrants. Motion carried by unanimous vote. Item pulled for discussion. 10.38 Warrant Register #13 for the period of 9/20/24 through 9/26/24 in the amount of $4,514,198.70 Public comment received from Truth. Recommendation: Ratify Warrants Totaling $4,514,198.70. ACTION: Motion by Councilmember Rodriguez, seconded by Vice-Mayor Yamane to ratify the warrants. Motion carried by unanimous vote. Item pulled for discussion. 10.39 Warrant Register #14 for the period of 9/27/24 through 10/03/24 in the amount of $1,984,481.70 No public comment was received. Recommendation: Ratify Warrants Totaling $1,984,481.70 ACTION: Motion by Councilmember Rodriguez, seconded by Vice-Mayor Yamane to ratify the warrants. Motion carried by unanimous vote. Item pulled for discussion. 10.40 Warrant Register #15 for the period of 10/04/24 through 10/10/24 in the amount of $2,936,574.06 Page 42 of 546 Public comment received from Truth Recommendation: Ratify Warrants Totaling $2,936,574.06 ACTION: Motion by Councilmember Rodriguez, seconded by Vice-Mayor Yamane to ratify the warrants. Motion carried by unanimous vote. Item pulled for discussion. 10.41 Warrant Register #16 for the Period of 10/11/24 through 10/17/24 in the Amount of $6,085,986.34 Public comment received from Truth. Recommendation: Ratify Warrants Totaling $6,085,986.34 ACTION: Motion by Councilmember Rodriguez, seconded by Vice-Mayor Yamane to ratify the warrants. Motion carried by unanimous vote. 11. PUBLIC HEARING Councilmember Rodriguez left the dais at 9:12 p.m. and returned at 9:15 p.m. 11.1 Conditional Use Permit for the Sale of Beer, Wine, and Distilled Spirits (ABC Type- 21) at an Existing Grocery Store (Manolo Farmers Market) located at 303 Highland Avenue. Adopted Resolution No. 2024-153. Associate Planner David Welch provided a PowerPoint presentation. Mayor Morrison declared the Public Hearing open at 9:18 p.m. Public comment received from Alexander Fernandez and Randi Castle-Salgado. ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Bush to close the public hearing. Motion carried by unanimous vote. Public Hearing closed at 9:23 p.m. . Councilmember Bush disclosed that he spoke with representatives of the store owners. Vice-Mayor Yamane disclosed that she has known the business owner for years. Mayor Morrison disclosed that he knows the business owner and the owner of the store across the street. Page 43 of 546 Recommendation: Staff Recommends Adoption of the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving a Conditional Use Permit for the Sale of Beer, Wine, and Distilled Spirits (ABC Type- 21) at an Existing Grocery Store (Manolo Farmers Market) Located at 303 Highland Avenue.” ACTION: Motion by Councilmember Bush, seconded by Councilmember Rodriguez to adopt the Resolution with a revision to add another condition that would include the standard language used for other Conditional Use Permits, which would state that distilled spirits are included in volume limitations. Motion carried by unanimous vote. 11.2 Amendment of Chapter 18.29 of the National City Municipal Code to Add Regulations for the Mixed-Use Overlay Zone. Adopted Ordinance No. 2024-2535. Mayor Morrison declared the Public Hearing open at 9:36 p.m. One written comment was received from Ted Godshalk. ACTION: Motion by Councilmember Rodriguez, seconded by Vice-Mayor Yamane to close the public hearing. Motion carried by unanimous vote. Public Hearing closed at 9:36 p.m. Recommendation: Adopt the Ordinance Entitled: “An Ordinance of the City Council of the City of National City, California, Amending Chapter 18.29 of the National City Municipal Code to Add Regulations for the Mixed-Use Overlay Zone.” ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Bush to adopt the Ordinance. Motion carried by unanimous vote. 11.3 Amendment to the 2024 Regional Transportation Improvement Program (RTIP). Adopted Resolution No. 2024-154. Director of Engineering & Public Works Steve Manganiello provided a brief report on the item. Mayor Morrison declared the Public Hearing open at 9:38 p.m. ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to close the public hearing. Motion carried by unanimous vote. Page 44 of 546 Public Hearing closed at 9:38 p.m. Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving an Amendment to the Transnet Local Street Improvement Program of Projects for National City for Fiscal Years 2022, 2023 and 2024 to Increase Local Transnet Funding for Street Resurfacing (NC03) in the Amount of $500,000 through a Transfer of Funds from Traffic Signal Install/Upgrade (NC04).” ACTION: Motion by Councilmember Molina, seconded by Vice-Mayor Yamane to approve the Resolution. Motion carried by unanimous vote. 11.4 Introduction and First Reading of the Ordinance Establishing Speed Limits Based on Engineering and Traffic Surveys Director of Engineering & Public Works Steve Manganiello provided a brief report on the item. Mayor Morrison declared the Public Hearing open at 9:40 p.m. Public comment received from Alisha Morrison and Doyle Morrison. ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Bush to close the public hearing. Motion carried by unanimous vote. Public Hearing closed at 9:48 p.m. Recommendation: Introduce Ordinance by First Reading, entitled, “Ordinance of the City Council of the City of National City, California, Establishing Speed Limits on Portions of Sweetwater Road Based on Engineering and Traffic Surveys and Authorizing the Director of Public Works to Post Speed Limit Signs Consistent with the Recommendations of the Engineering and Traffic Surveys.” ACTION: Motion by Councilmember Bush, seconded by Vice-Mayor Yamane to introduce the Ordinance. Motion carried by unanimous vote. 12. STAFF REPORTS Councilmember Bush left the dais at 9:51 p.m. and returned at 9:53 p.m. 12.1 City of National City Annual Comprehensive Financial Report (ACFR) for the Fiscal Year Ended June 30, 2023 Director of Finance Bruce Foltz introduced The Pun Group Partner Andrew Roth who provided a PowerPoint presentation. Page 45 of 546 Written comment received from Ted Godshalk. In-person public comment was received from Ed Nieto. Recommendation: Accept and file the reports. ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Bush to accept and file the reports. Motion carried by unanimous vote. 13. CITY MANAGER’S REPORT City Manager Martinez thanked the Director of Engineering Steve Manganiello and staff for their hard work. 14. ELECTED OFFICIALS REPORT 14.1 POLICY 105 REQUEST - A Motion of Censure of Councilmember Jose Rodriguez for a Pattern of Violations of the Code of Conduct to be Placed on the Regular Council Meeting of December 3, 2024. Requested by Mayor Morrison. Written comment received from Ted Godshalk. In-person public comment received from Ed Nieto, Julianna Vonessen, Randi Castle- Salgado, and Liliana Armenta. A speaker’s slip in favor was received from Truth, who did not wish to speak. ACTION: Motion by Mayor Morrison, seconded by Councilmember Bush to approve the request. Substitute motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to replace the motion to censure with language that would question the actions of Councilmember Rodriguez. Ayes: Yamane, Rodriguez Nays: Bush, Molina, Morrison Motion failed by 3-2 vote. Original motion: Ayes: Bush, Molina, Morrison Nays: Yamane, Rodriguez Motion carried by 3-2 vote. Closing remarks were provided by members of the City Council. 15. CITY ATTORNEY REPORT Mayor Morrison introduced City Attorney Schultz who announced the following on Closed Session agenda items 5.1 and 5.2: Page 46 of 546 City Council gave instructions to negotiators. 5.1 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) Bruce Foltz (Finance Director) Paul Valadez (Budget Manager- Finance) Lydia Hernandez (Human Resources Director) Item was pulled from the agenda. 5.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957.6 Position to be reviewed: City Manager 16. ADJOURNMENT Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, December 3, 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 8:24 p.m. _________________________ Tonya Hussain, Deputy City Clerk The foregoing minutes were approved at the Regular Meeting of December 3, 2024. __________________________ Ron Morrison, Mayor Page 47 of 546 AGENDA REPORT Department: Police Department Prepared by: Joseph Camacho, Police Sergeant Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Acceptance of the Department of Alcoholic Beverage Control Award of $40,000 to the National City Police Department to Perform Operations Sponsored by the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project. RECOMMENDATION: Adopt the Resolution Entitled, “Resolution of the City of National City, California, Authorizing the Acceptance of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project Funds in the Amount of $40,000, Funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration, and Authorizing the Establishment of a Fiscal Year 2025 Appropriation and Corresponding Revenue Budget in the Amount of $40,000.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: In August of 2024, the National City Police Department submitted an application to the Department of Alcoholic Beverage Control for consideration to be awarded up to $40,000 as a part of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration (Refer to Exhibit A – National City Police Department ABC Grant Application). On September 26, 2024, the National City Police Department was advised by the Department of Alcoholic Beverage Control that the National City Police Department had been selected to participate in the Department of Alcoholic Beverage Control’s ABC-OTS Grant Program and had been awarded $40,000. As part of the grant, the Department of Alcoholic Beverage Control requests a signed resolution from the National City Police Department’s governing body (Refer to Exhibit B – 2025 ABC Congratulations Letter to NCPD, Exhibit C – 2025 ABC-OTS Grant Program Information Sheet, and Exhibit F - Resolution). In addition, the Department of Alcoholic Beverage Control submitted a “Standard Agreement” which will be signed by Chief Alejandro Hernandez with agreed-upon terms and conditions for the scope of work performed during grant-funded operations, budget details, and payment provisions, general terms and conditions, and special terms and conditions (Refer to Exhibit D – ABC/NCPD Standard Agreement 2025 and Exhibit E – ABC OTS Exhibits). The Police Department proposes the acceptance of the grant monies to allow for police operations focused on community safety, reductions of alcohol sales to minors, and regulation/education of Police Regulated Businesses that vendor alcohol within National City. Page 48 of 546 FINANCIAL STATEMENT: Refer to Exhibit G - Financial Statement - ABC-OTS Grant Program Allocation 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 – 2025 National City ABC Grant Letter of Interest Exhibit B – 2025 ABC Congratulations Letter to NCPD Exhibit C – 2025 ABC-OTS Grant Information Sheet Exhibit D – ABC Standard Agreement 2025 Exhibit E – ABC OTS Exhibits Exhibit F – Resolution Exhibit G – Financial Statement - ABC-OTS Grant Program Allocation Page 49 of 546 Page 50 of 546 Page 51 of 546 Page 52 of 546 Contract will be between: The Department of Alcoholic Beverage Control and The City of National City through the National City Police Department Mailing Address: 1200 National City Boulevard, National City, CA 91950 Funding Amount: $ 40,000 Authority to Sign Contract Name/Title: Chief Alejandro Hernandez Address if different from above: _____________________________________ Federal Tax ID Number: 956000749 Operations Officer: Attending Training (Circle) YES/NO Print Name: Sergeant Joseph Camacho Telephone Number: (619)336-4436 Email Address: jcamacho@nationalcityca.gov Fiscal Officer (responsible for preparing billings to ABC): Print Name: Ron Gutlay Telephone Number: (619)336-4517 Email Address: rgutlay@nationalcityca.gov RETURN COMPLETED FORM TO: Diana Fouts-Guter Grant Coordinator Department of Alcoholic Beverage Control 3927 Lennane Drive, Suite #100 Sacramento, CA 95834 Diana.fouts-guter@abc.ca.gov Fax: (916)928-7625 Office: (916)928-9807 State of California Department of Alcoholic Beverage Control ABC-OTS Grant Program Information Sheet Page 53 of 546 2. The term of this Agreement is: Page 54 of 546 Agreement Number: 25-OTS116 City of National City through the National City Police Department Page 1 of 3 EXHIBIT A SCOPE OF WORK Purpose and Description of Services Contractor agrees to implement the Department of Alcoholic Beverage Control programs as listed: • Minor Decoy operations – designed to educate and deter licensed locations from selling/furnishing alcohol to minors and shall be conducted at both “On-Sale” and “Off-Sale” licensed establishments within the operations period of the grant. • Shoulder Tap operations – used to detect and deter adult furnishers outside of a licensed business and shall be performed at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses who are purchasing alcohol for minors outside of the stores within the operation period of the grant. • Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections – primary goal is to educate licensees on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant. • Holiday Enforcement – This program consists of working general undercover and high-profile enforcement targeting underage drinking, sales/furnishing to minors, sales to obviously intoxicated patrons, and other related violations. Holidays would be defined as: o Halloween (Oct. 31) o Thanksgiving (Nov. 27 – Dec. 1) o New Year’s Eve (Dec. 31) o St. Patrick’s Day (Mar. 14 – Mar 17) o Cinco de Mayo (May 2 – May 5) o Memorial Day Weekend (May 23 – May 26) o 4th of July (July 3 – July 6) The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee, enforcement intervention and the impressions of omnipresence of law enforcement. In addition, contractor agrees to the following goals: • Raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys. • Establish and implement a coordinated effort between contactor and ABC, and acknowledges no operations will be conducted until after the contractor’s representative has completed training conducted by ABC. • Issue press releases as follows: o To announce the start of the program Page 55 of 546 Agreement Number: 25-OTS116 City of National City through the National City Police Department Page 2 of 3 o At the conclusion of each Minor Decoy Operation held (to announce the number of licensed premises who sold to the minor decoy). o At the conclusion of each Shoulder Tap Operation held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy). o At the conclusion of each IMPACT operation held. • Email each press release to the Department’s Public Information Office, pio@abc.ca.gov as soon as it is released. • In all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration.” • Complete and submit bi-monthly reports, in a format designed by ABC due no later than the following: o On or before January 15, 2025 (with results of operations October, November & December 2024) o On or before March 15, 2025 (with results of operations January & February 2025) o On or before May 15, 2025 (with results of operations March & April 2025) o On or before July 15, 2025 (with results of operations May & June 2025) o On or before September 15, 2025 (With results of operations July & August 2025) • Submit an Executive Summary as part of the final report due on or before September 15, 2025. The summary shall contain the following: o An evaluation statement concerning the end product and cost benefits; and a listing of recommended and/or adopted policy or procedure changes, if any, occurring as a result of the project. o Project personnel identifying the key personnel who worked on the project, together with their job classification, and a brief description of their contribution. o Problems – describe any operational or cost problems that were encountered in project implementation. If known, state alternative methods that would have avoided the problem and increased the effectiveness of the project. o Results – describe the results of the project in terms of meeting the original objectives as stated in the project agreement. Also, describe the results in terms of how they will be specifically applied for future improvement of the agency’s continuing activities relating to alcohol problem prevention and enforcement. Where possible, describe estimated savings resulting from implementing project results. o Disclaimer – The final report shall include the following: “The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the State of California, Business, Consumer Services and Housing Agency, or the Department of Alcoholic Beverage Control.” o Documentation – Attach any relevant documents developed. Examples are new or revised forms, diagrams, management reports, photos, coding manuals, instructional manuals, etc. Contract Term The operation period of the grant is October 1, 2024 through August 31, 2025. Page 56 of 546 Agreement Number: 25-OTS116 City of National City through the National City Police Department Page 3 of 3 Project Representatives The project representatives during the term of this agreement will be: National City Police Department Alcoholic Beverage Control Joseph Camacho, Sergeant Diana Fouts-Guter, Grant Coordinator 1200 National City Blvd. 3927 Lennane Drive, Suite 100 National City, CA 91950 Sacramento, CA 95834 (619)336-4436 (916)928-9807 jcamacho@nationalcityca.gov Diana.fouts-guter@abc.ca.gov National City Police Department Alcoholic Beverage Control Ron Gutlay Kristine Okino, Grant Fiscal Analyst 1200 National City Blvd. 3927 Lennane Drive, Suite 100 National City, CA 91950 Sacramento, CA 95834 (619)336-4517 Kristine.okino@abc.ca.gov rgutlay@nationalcityca.gov Page 57 of 546 Agreement Number: 25-OTS116 City of National City through the National City Police Department Page 1 of 1 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS INVOICING AND PAYMENT • For services satisfactorily rendered, and upon receipt and approval of services, Alcoholic Beverage Control agrees to compensate for approved reimbursable costs of personnel overtime and benefits (actual cost) and travel. • Invoices shall clearly reference the agreement number 25-OTS116 and must not exceed the total authorized contract amount of $40,000.00. Invoices shall be submitted on a bi-monthly basis, on the prescribed form designed by ABC. Submit to: Department of Alcoholic Beverage Control Attn: Kristine Okino, Grants Fiscal Analyst 3927 Lennane Drive, Suite 100 Sacramento, CA 95834 • This grant is only for overtime compensation and travel for training held on October 15, 2024 only. • In accordance with State of CA travel policy, agencies are eligible to receive reimbursement for travel expenses incurred for training on October 15, 2024. https://hrmanual.calhr.ca.gov/Home/ManualItem/1/2203 • Payment shall be made in arrears within 45 days from the receipt of an undisputed invoice. • Contractor understands in order to eligible for reimbursement; cost must be incurred on or after the effective date of the project, October 1, 2024 and on or before the project termination date, August 31, 2025. • Contractor understands any other costs incurred by contractor, other than attendance at initial training and/or personnel overtime and benefits as authorized above, in the performance of this agreement are the sole responsibility of contractor. BUDGET CONTINGENCY CLAUSE • It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this agreement does not appropriate sufficient funds for the program, this agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to contractor or to furnish any other considerations under this agreement and contractor shall not be obligated to perform any provisions of this agreement. • If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this agreement with no liability occurring to the State, or offer an agreement amendment to contractor to reflect the reduced amount. PROMPT PAYMENT CLAUSE Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Page 58 of 546 Agreement Number: 25-OTS116 City of National City through the National City Police Department Page 1 of 4 EXHIBIT C GENERAL TERMS AND CONDITIONS 1. APPROVAL: This agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the agreement is binding on any of the parties. 3. ASSIGNMENT: This agreement is not assignable by the contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by contractor in the performance of this agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this agreement and be relieved of any payments should the contractor fail to perform the requirements of this agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the contractor under this agreement and the balance, if any, shall be paid to the contractor upon demand. 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 9. RECYCLING CERTIFICATION: The contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section Page 59 of 546 Agreement Number: 25-OTS116 City of National City through the National City Police Department Page 2 of 4 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this agreement, contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,§11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this agreement. 13. COMPENSATION: The consideration to be paid contractor, as provided herein, shall be in compensation for all of contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the contractor shall comply with the requirements of the Government Codes Sections set out below. a) The Government Code Chapter on Antitrust claims contains the following definitions: i. "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code ii. "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. Page 60 of 546 Agreement Number: 25-OTS116 City of National City through the National City Police Department Page 3 of 4 b) In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c) If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d) Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a) The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b) The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 17. UNENFORCEABLE PROVISION: In the event that any provision of this agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this contract includes services in excess of $200,000, the contractor shall give priority consideration in filling vacancies in positions funded by the contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a) If for this contract contractor made a commitment to achieve small business participation, then contractor must within 60 days of receiving final payment under this contract (or within such other time period as may be specified elsewhere in this Page 61 of 546 Agreement Number: 25-OTS116 City of National City through the National City Police Department Page 4 of 4 contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b) If for this contract contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then contractor must within 60 days of receiving final payment under this contract (or within such other time period as may be specified elsewhere in this contract) certify in a report to the awarding department: (1) the total amount the prime contractor received under the contract; (2) the name and address of the DVBE(s) that participated in the performance of the contract; (3) the amount each DVBE received from the prime contractor; (4) that all payments under the contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) Page 62 of 546 Agreement Number: 25-OTS116 City of National City through the National City Police Department Page 1 of 1 EXHIBIT D SPECIAL TERMS AND CONDITIONS Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination. Contractor Certifications: By signing this agreement, contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity. Page 63 of 546 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL’S MINOR DECOY/SHOULDER TAP GRANT PROJECT FUNDS IN THE AMOUNT OF $40,000.00, FUNDED BY THE CALIFORNIA OFFICE OF TRAFFIC SAFETY THROUGH THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, AND AUTHORIZING THE ESTABLISHMENT OF A FISCAL YEAR 2025 APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $40,000. WHEREAS, the Department of Alcoholic Beverage Control (“ABC”), sponsored by the Office of Traffic Safety (“OTS”), through the National Highway Traffic Safety Administration (“NHTSA”), requested applications from local law enforcement agencies for the awarding of up to $40,000 as part of an ABC-OTS Local Law Enforcement Grant (the “Grant”) to be utilized towards Minor Decoy Program operations, Shoulder Tap Program operations, IMPACT Program operations and Holiday Enforcement operations; and WHEREAS, the National City Police Department (“NCPD”) submitted an application to ABC to be considered for this Grant; and WHEREAS, ABC selected and awarded the NCPD with $40,000 as part of the Grant; and WHEREAS, NCPD will utilize the Grant as follows: (a) performing Minor Decoy Program operations; (b) performing Shoulder Tap Program operations; (c) performing IMPACT Program operations; and (d) performing Holiday Enforcement operations. 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 acceptance of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project in the amount of $40,000, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration. Section 2: That the City Council authorizes the establishment of a Fiscal Year 2025 appropriation and a corresponding revenue budget in the amount of $40,000. Section 3: 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 3rd day of December, 2024 Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 64 of 546 CITY OF NATIONAL CITY Department of Alcoholic Beverage Control’s ABC-OTS Grant Program FY 2025 FROM: 290-70-21-21723-3463 OTHER STATE GRANTS 40,000.00 40,000.00 TOTAL REVENUE TO:FY25 290-70-21-21723-6102- OVERTIME PAY 35,258.14 290-70-21-21723-6140- WORKERS' COMPENSATION 3,430.62 290-70-21-21723-6161- MEDICARE 511.24 290-70-21-21723-7226- TRAVEL, TRAINING 800.00 TOTAL - SALARIES, BENEFITS & TRAVEL 40,000.00 TOTAL EXPENDITURE C:\Program Files\eSCRIBE\TEMP\16374134125\16374134125,,,Exhibit G - Financial Statement - ABC-OTS Grant Program Allocation Page 65 of 546 TOTAL 40,000.00 40,000.00 C:\Program Files\eSCRIBE\TEMP\16374134125\16374134125,,,Exhibit G - Financial Statement - ABC-OTS Grant Program Allocation Page 66 of 546 AGENDA REPORT Department: Community Services Prepared by: Joanne McGhee, Acting Community Services Manager Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Second Amendment to the Maintenance and Operating Agreement Between the City of National City and A Reason to Survive (ARTS) RECOMMENDATION: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Enter into the Second Amendment to the Agreement Between the City of National City (“CITY”) and A Reason to Survive (“ARTS”) for the Maintenance and Operation of the Arts Center Located at 200 East 12th Street in National City.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The City of National City owns the property located at 200 East 12th Street in National City. This real property is commonly known as the Arts Center Building. The City entered into an agreement with A Reason to Survive (ARTS) from January 1, 2022 through December 31, 2022 and approved the first amendment to extend the agreement for an additional two-year term (January 1, 2023 through December 31, 2024) for the Maintenance and Operation of the Arts Center in exchange for maintaining the Arts Center for the benefit of residents and visitors. Additionally, ARTS shall provide capital projects and programming services within the jurisdictional boundaries valued at $125,000.00. Of the $125,000, ARTS must obtain at least $25,000 for the Projects and Programs through fundraising. Staff is recommending to extend the agreement for an additional two-year term in order to further engage the community and foster the City’s General Plan by developing a cultural arts program that encourages and facilitates the development of art in public spaces and promoting greater awareness of architectural, urban design and cultural heritage. FINANCIAL STATEMENT: There is no fiscal impact to the General Fund. ARTS’ $125,000 lease obligation is fulfilled in projects and programs to the benefit of the municipality. 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. Page 67 of 546 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 – A Reason to Survive December 2021 Agreement Exhibit B – First Amendment to December 2021 Agreement Exhibit C – Second Amendment to December 2021 Agreement Exhibit D – Resolution Second Amendment to Agreement ARTS Page 68 of 546 Page 69 of 546 Page 70 of 546 Page 71 of 546 Page 72 of 546 Page 73 of 546 Page 74 of 546 Page 75 of 546 Page 76 of 546 Page 77 of 546 Page 78 of 546 Page 79 of 546 Page 80 of 546 Page 81 of 546 Page 82 of 546 Page 83 of 546 Page 84 of 546 Page 85 of 546 Page 86 of 546 Page 87 of 546 Page 88 of 546 Page 89 of 546 Page 90 of 546 Page 91 of 546 Page 92 of 546 Page 1 of 2 AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND A REASON TO SURVIVE THIS SECOND AMENDMENT TO THE AGREEMENT is entered into on this 3rd day of December, 2024, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and A REASON TO SURVIVE ("ARTS"), a California non-profit corporation. RECITALS WHEREAS, the CITY owns the improved real property located at 200 East 12th Street, National City, California. This real property is commonly known as the Arts Center Building ("ARTS CENTER"); and WHEREAS, the CITY and ARTS (collectively referred to as the "parties") entered into an Agreement on December 7, 2021 ("Agreement''), wherein the CITY granted ARTS a revocable license to enter and operate the ARTS CENTER, and ARTS agreed to operate and maintain the ARTS CENTER for the benefit of residents and visitors; and WHEREAS, originally Article 2, Term, of the Agreement established the term of the Agreement as January 1, 2022 through December 31, 2022; and WHEREAS, Article 2, Term, of the Agreement establishes the agreement may be extended by mutual agreement for an additional two (2) year term, and the parties may exercise up to three two-year extensions; and WHEREAS, the First Amendment to the Agreement extended the term of the Agreement to December 31, 2024 and added Article 1.1.2, Use of Basement; and WHEREAS, the parties desire to amend the Agreement by exercising the second (2nd) of the three (3) two-year extensions to extend the term of the Agreement to December 31, 2026. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. Term. Pursuant to Article 2 of the Agreement, the CITY and ARTS hereby agree to amend the Agreement by exercising this second (2nd) of the three (3) two-year extensions to extend the term of the Agreement to December 31, 2026. 2. The parties further agree that, with the foregoing exceptions each and every other term and provision of the December 7, 2021 Agreement and the First Amendment to the Agreement shall remain in full force and effect IN WITNESS WHEREOF. the parties here to have executed this Second Page 93 of 546 Page 94 of 546 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR TO ENTER INTO THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY (“CITY”) AND A REASON TRO SURVIVE(“ARTS”) FOR THE MAINTENANCE AND OPERATION OF THE ARTS CENTER LOCATED AT 200 EAST 12TH STREET IN NATIONAL CITY WHEREAS, the CITY owns the improved real property located at 200 East 12th Street, national City, California. This real property is commonly known as the Arts Center Building (the “ARTS CETNER”); and WHEREAS, one of the goals of the CITY’s General Plan is to develop a cultural arts program that encourages and facilitates the development of art in public spaces and promotes greater awareness of architectural, urban design, and the cultural heritage of the CITY; and WHEREAS, ARTS is a California non – profit corporation skilled in creating public art, including capital arts projects; and WHEREAS, the CITY desires to employ ARTS to maintain the ARTS Center for the benefit of the community and ARTS is willing and able to maintain the ARTS Center for such purposed; and WHEREAS, in exchange for maintaining the ARTS CENTER fort the benefit of residents and visitors, the CITY desires to grant ARTS a revocable license to enter and operate the ARTS CENTER; and WHEREAS, the CITY entered into an Agreement with ARTS, which commenced on January 1, 2022 and expired on December 31, 2022; and WHEREAS, the CITY amended the Agreement by extending the term to December 31, 2024; and WHEREAS, the Parties desire to amend the Agreement by exercising the second two- year extension to extend the term of the Agreement to December 31, 2026. 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 enter into a Second Amendment to the Agreement between the City of National City and ARTS, attached as Exhibit C to the Agenda Report, to extend the term to December 31, 2026. Section 2: That the City Clerk shall certify as to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 3rd day of December, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 95 of 546 AGENDA REPORT Department: Engineering and Public Works Prepared by: Tirza Gonzales, Operations Manager Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT : Amendments to On-Call Consultant Agreements for City’s Capital Improvement Program (CIP) RECOMMENDATION : Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute 1) Third Amendments to the Agreements with a) Anser Advisory, b) HDR Engineering, Inc., c) Kimley-Horn and Associates, Inc., d) NV5, Inc., e) WSP USA Inc., and f) STC Traffic, Inc. to Extend the Agreements by One Year; 2) Third Amendments to the Agreements with a) Innovative Construction Consulting Services, LLC and b) KTU&A to Extend the Agreements by One Year and Increase the Not-to-Exceed Amounts by $1,000,000 Each; and 3) Fourth Amendments to the Agreements with a) Chen Ryan Associates, Inc. and b) Project Professionals Corporation to Extend the Agreements by One year and Increase the Not - to-Exceed Amounts by $1,000,000 Each.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services, housing and real estate development services, and environmental compliance services on May 1, 2019. The RFQ was advertised on the City’s website, published in the San Diego Union Tribune, e - mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified. Additionally, the City hosted an Information Session re garding the RFQ process on May 14, 2019 at the MLK Jr. Community Center to encourage local participation, which was attended by over 100 people. The Department received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 deadline. Based on the strength of their SOQs, interviews and past performance, the City of National City entered into Agreements with several consultants to provide on-call support services for National City’s Capital Improvement Program (CIP). The original Agreements were all for a not-to-exceed amount of $2,000,000 and a term of three years, with the option to extend for two one -year extensions. City staff is working on a new Request for Qualifications to be solicited in 2025 and is requesting to extend terms beyond the initial Agreements by one year to provide a continuation of services for the City’s Capital Improvement Program (CIP). Page 96 of 546 Therefore, based on consultant’s performances and quality of work, expiring agreements, increased staffing demands, and to ensure timely completion of CIPs, if approved tonight, action would authorize the City to execute: Third Amendments to extend terms of the Agreements by one (1) year for the below listed consultants: 1. Anser Advisory: Project management; engineering; constr uction management, inspections and certified payroll; plan reviews; constructability reviews; community outreach and communications. 2. HDR Engineering, Inc.: Project management; civil engineering; plan reviews; constructability reviews; construction support; long range planning for multiple disciplines; grants management; community outreach and communications 3. Kimley-Horn and Associates, Inc.: Project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructa bility reviews; long- range planning on multiple disciplines; grants management; community outreach and communications 4. NV5, Inc.: Project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability review; land surveying; environmental assessments; geotechnical; construction support; community outreach and communications 5. WSP USA Inc.: Project management; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning on multiple disciplines; grants management; community outreach and communications 6. STC Traffic, Inc.: Project management; traffic engineering; transportation planning; traffic signal communications infrastructure and systems integration; plan rev iews; constructability reviews; construction support; grants management; community outreach and communications. Third Amendments to extend the term of the Agreements by one (1) year and increase the not - to-exceed amount of the Agreement by $1,000,000 for total not-to-exceed amount of $5,000,000, for the below listed consultants: 7. Innovative Construction Consulting Services, LLC: Project management; engineering construction management; inspection and certified payroll; plan reviews; constructability reviews; community outreach and communications 8. KTU&A: Project management; landscape architecture and urban design; transportation planning; geographic information systems; long-range planning for multiple disciplines; grants management; community outr each and communications Fourth Amendments to extend the term of the Agreements by one (1) year and increase the not - to-exceed amount of the Agreement by $1,000,000 for total not-to-exceed amount of $6,000,000, for the below listed consultants: 9. Chen Ryan Associates, Inc.: Project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long range Page 97 of 546 planning for multiple disciplines; grants management; and, community and communications 10. Project Professionals Corporation: Project management; engineering construction management; inspection and certified payroll; plan reviews; constructability reviews; community outreach and communications. Due to the size and type of projects and the expertise of the consultants, expenditure amounts may vary amongst the firms. Consultant tasks will be performed on an as -needed on-call basis and funded by appropriations approved through CIP and Budget proces s. The City’s 5-Year CIP projects estimated at approximately $73 million in capital improvements over the next five years. The City’s implementation rate averages about fifteen projects a year totaling approximately $15.3 million. The table below shows a summary of the details for each Agreement, including when the original Agreements and subsequent Amendments were authorized by City Council. Staff is recommending authorizing the Resolution as stated. FINANCIAL STATEMENT : Funding appropriated through CIP process. 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: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Amendments Exhibit B – Resolution Page 98 of 546 Consultant* Reso No. Agreement Start Date/ Amendment End Dates Original Agreement First Amendment Second Amendment Third Amendment Total Agreement Total Expenditures & Encumbrances as of Nov. 2024 Anser Advisory First Amendment Second Amendment Third Amendment 2019-150 2022-172 2023-145 11/5/2019 11/04/2023 11/04/2024 11/04/2025 $2,000,000 $1,000,000 $1,000,000 $4,000,000 $2,295,717.03 HDR Engineering, Inc. First Amendment Second Amendment Third Amendment 2019-175 2022-172 2023-163 12/03/2019 12/02/2023 12/02/2024 12/02/2025 $2,000,000 $1,000,000 $1,000,000 $4,000,000 $3,208,870.31 Innovative Construction (ICCS) First Amendment Second Amendment Third Amendment 2019-151 2022-172 2023-145 11/5/2019 11/04/2023 11/04/2024 11/04/2025 $2,000,000 $1,000,000 $1,000,000 $4,000,000 $250,645 Kimley-Horn and Associates Inc First Amendment Second Amendment Third Amendment 2020-11 2022-172 2023-163 01/21/2020 01/20/2024 01/20/2025 01/20/2026 $2,000,000 $1,000,000 $1,000,000 $4,000,000 $1,416,994.50 KTU&A First Amendment Second Amendment Third Amendment 2019-176 2022-172 2023-163 12/03/2019 12/02/2023 12/02/2024 12/02/2025 $2,000,000 $1,000,000 $1,000,000 $4,000,000 $838,408.20 NV5, Inc. First Amendment Second Amendment Third Amendment 2019-177 2022-172 2023-163 12/03/2019 12/02/2023 12/02/2024 12/02/2025 $2,000,000 $1,000,000 $1,000,000 $4,000,000 $2,980,008.36 WSP USA Inc. First Amendment Second Amendment Third Amendment 2019-178 2022-172 2023-163 12/3/2019 12/2/2023 12/2/2024 12/2/2025 $2,000,000 $1,000,000 $1,000,000 $4,000,000 $2,008,452.45 Page 99 of 546 Consultant* Reso No. Agreement Start Date/ Amendment End Dates Original Agreement First Amendment Second Amendment Third Amendment Total Agreement Total Expenditures & Encumbrances as of Nov. 2024 STC Traffic, Inc. First Amendment Second Amendment Third Amendment 2019-164 2022-172 2023-145 11/19/2019 11/18/2023 11/18/2024 11/18/2025 $2,000,000 $1,000,000 $1,000,000 $4,000,000 $2,486,808.26 Chen Ryan Associates, Inc. First Amendment Second Amendment Third Amendment Fourth Amendment 2019-163 2021-122 2022-172 2023-145 11/19/2019 Funds Only 11/18/2023 11/18/2024 11/18/2025 $2,000,000 $1,000,000 $1,000,000 $1,000,000 $5,000,000 $611,819.00 Project Professionals Corp. First Amendment Second Amendment Third Amendment Fourth Amendment 2019-152 2021-121 2022-172 2023-145 11/5/2019 Funds Only 11/04/2023 11/04/2024 11/05/2025 $2,000,000 $1,000,000 $1,000,000 $1,000,000 $5,000,000 $351,538.61 Page 100 of 546 THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ANSER ADVISORY THIS THIRD AMENDMENT TO THE AGREEMENT is entered into this 3rd day of December, 2024, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and ANSER ADVISORY, a limited liability company (the “CONSULTANT”). RECITALS WHEREAS, the City Council adopted Resolution No. 2019-150 approving an agreement (the “Agreement”) with the CONSULTANT (through its predecessor in interest, DHS Consulting, LLC) for the term of November 5, 2019 through November 4, 2022, wherein the CONSULTANT agreed to provide on-call project support services for CITY’s Capital Improvement Program (“CIP”) including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; community outreach and communications, for a not-to-exceed amount of $2,0000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and WHEREAS, the City Council adopted Resolution No. 2022-172 approving the First Amendment to the Agreement, increasing the $2,000,000 not-to-exceed amount by $1,000,000 for a total not-to- exceed amount of $3,000,000, and exercising the first of two (2) extensions extending the Agreement by one (1) year to November 4, 2023; and WHEREAS, the City Council adopted Resolution No. 2023-145 approving the Second Amendment to the Agreement, increasing the $3,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $4,000,000, and exercising the second of two (2) extensions extending the Agreement by one (1) year to November 4, 2024; and WHEREAS, the CITY intends to advertise a new Request for Qualifications (“RFQ”) to be solicited in 2025 but, in order to allow sufficient time to solicit and evaluate the RFQ, and to ensure continuation of services for the CITY’s CIP in the interim, the CITY desires to further extend the Agreement by one (1) year; and WHEREAS, based on the CONSULTANT’s performance and quality of work, and to ensure timely completion of CIPs, the CITY desires to have the CONSULTANT continue providing on-call project support services for the CITY’s CIP, and the CONSULTANT is willing to perform such services; and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement to November 4, 2025. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The November 5, 2019 Agreement, as previously amended by the First and Second Amendments, is hereby amended to further extend the term of the Agreement by one (1) year to November 4, 2025. 2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the November 5, 2019 Agreement, as amended by the First and Second Amendments, shall remain in full force and effect. Page 101 of 546 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor Date: ___________ APPROVED AS TO FORM: By: Barry J. Schultz City Attorney ANSER ADVISORY, A LIMITED LIABILITY COMPANY (Corporation – signatures of two corporate officers required) By: ______________________________ (Name) (Title) Date: ___________ By: ______________________________ (Name) (Title) Date: ___________ Page 102 of 546 THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND HDR ENGINEERING, INC. THIS THIRD AMENDMENT TO THE AGREEMENT is entered into this 3rd day of December, 2024, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and HDR ENGINEERING, INC., a Nebraska corporation (the “CONSULTANT”). RECITALS WHEREAS, the City Council adopted Resolution No. 2019-175 approving an agreement (the “Agreement”) with the CONSULTANT for the term of December 3, 2019 through December 2, 2022, wherein the CONSULTANT agreed to provide on-call project support services for CITY’s Capital Improvement Program (“CIP”) including, but not limited to, project management; civil engineering; plan reviews; constructability reviews; construction support; long range planning for multiple disciplines; grants management; community outreach and communications, for a not-to-exceed amount of $2,0000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and WHEREAS, the City Council adopted Resolution No. 2022-172 approving the First Amendment to the Agreement, increasing the $2,000,000 not-to-exceed amount by $1,000,000 for a total not-to- exceed amount of $3,000,000, and exercising the first of two (2) extensions extending the Agreement by one (1) year to December 2, 2023; and WHEREAS, the City Council adopted Resolution No. 2023-163 approving the Second Amendment to the Agreement, increasing the $3,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $4,000,000, and exercising the second of two (2) extensions extending the Agreement by one (1) year to December 2, 2024; and WHEREAS, the CITY intends to advertise a new Request for Qualifications (“RFQ”) to be solicited in 2025 but, in order to allow sufficient time to solicit and evaluate the RFQ, and to ensure continuation of services for the CITY’s CIP in the interim, the CITY desires to further extend the Agreement by one (1) year; and WHEREAS, based on the CONSULTANT’s performance and quality of work, and to ensure timely completion of CIPs, the CITY desires to have the CONSULTANT continue providing on-call project support services for the CITY’s CIP, and the CONSULTANT is willing to perform such services; and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement to December 2, 2025. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The December 3, 2019 Agreement, as previously amended by the First and Second Amendments, is hereby amended to further extend the term of the Agreement by one (1) year to December 2, 2025. 2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the December 3, 2019 Agreement, as amended by the First and Second Amendments, shall remain in full force and effect. Page 103 of 546 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor Date: ___________ APPROVED AS TO FORM: By: Barry J. Schultz City Attorney HDR ENGINEERING, INC. (Corporation – signatures of two corporate officers required) By: ______________________________ (Name) (Title) Date: ___________ By: ______________________________ (Name) (Title) Date: ___________ Page 104 of 546 THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KIMLEY-HORN AND ASSOCIATES, INC. THIS THIRD AMENDMENT TO THE AGREEMENT is entered into this 3rd day of December, 2024, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and KIMLEY- HORN AND ASSOCIATES, INC., a New York corporation (the “CONSULTANT”). RECITALS WHEREAS, the City Council adopted Resolution No. 2020-11 approving an agreement (the “Agreement”) with the CONSULTANT for the term of January 21, 2020 through January 20, 2023, wherein the CONSULTANT agreed to provide on-call project support services for CITY’s Capital Improvement Program (“CIP”) including, but not limited to, project management; traffic civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long range planning on multiple disciplines; grants management; community outreach and communications, for a not-to- exceed amount of $2,0000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and WHEREAS, the City Council adopted Resolution No. 2022-172 approving the First Amendment to the Agreement, increasing the $2,000,000 not-to-exceed amount by $1,000,000 for a total not-to- exceed amount of $3,000,000, and exercising the first of two (2) extensions extending the Agreement by one (1) year to January 20, 2024; and WHEREAS, the City Council adopted Resolution No. 2023-136 approving the Second Amendment to the Agreement, increasing the $3,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $4,000,000, and exercising the second of two (2) extensions extending the Agreement by one (1) year to January 20, 2025; and WHEREAS, the CITY intends to advertise a new Request for Qualifications (“RFQ”) to be solicited in 2025 but, in order to allow sufficient time to solicit and evaluate the RFQ, and to ensure continuation of services for the CITY’s CIP in the interim, the CITY desires to further extend the Agreement by one (1) year; and WHEREAS, based on the CONSULTANT’s performance and quality of work, and to ensure timely completion of CIPs, the CITY desires to have the CONSULTANT continue providing on-call project support services for the CITY’s CIP, and the CONSULTANT is willing to perform such services; and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement to January 20, 2026. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The January 21, 2020 Agreement, as previously amended by the First and Second Amendments, is hereby amended to further extend the term of the Agreement by one (1) year to January 20, 2026. 2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the January 21, 2020 Agreement, as amended by the First and Second Amendments, shall remain in full force and effect. Page 105 of 546 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor Date: ___________ APPROVED AS TO FORM: By: Barry J. Schultz City Attorney KIMLEY-HORN AND ASSOCIATES, INC. (Corporation – signatures of two corporate officers required) By: ______________________________ (Name) (Title) Date: ___________ By: ______________________________ (Name) (Title) Date: ___________ Page 106 of 546 THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NV5, INC. THIS THIRD AMENDMENT TO THE AGREEMENT is entered into this 3rd day of December, 2024, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and NV5, INC., a California corporation (the “CONSULTANT”). RECITALS WHEREAS, the City Council adopted Resolution No. 2019-177 approving an A\agreement (the “Agreement”) with the CONSULTANT for the term of December 3, 2019 through December 2, 2022, wherein the CONSULTANT agreed to provide on-call project support services for CITY’s Capital Improvement Program (“CIP”) including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; land surveying; environmental assessments; geotechnical; construction support; community outreach and communications, for a not-to-exceed amount of $2,0000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and WHEREAS, the City Council adopted Resolution No. 2022-172 approving the First Amendment to the Agreement, increasing the $2,000,000 not-to-exceed amount by $1,000,000 for a total not-to- exceed amount of $3,000,000, and exercising the first of two (2) extensions extending the Agreement by one (1) year to December 2, 2023; and WHEREAS, the City Council adopted Resolution No. 2023-163 approving the Second Amendment to the Agreement, increasing the $3,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $4,000,000, and exercising the second of two (2) extensions extending the Agreement by one (1) year to December 2, 2024; and WHEREAS, the CITY intends to advertise a new Request for Qualifications (“RFQ”) to be solicited in 2025 but, in order to allow sufficient time to solicit and evaluate the RFQ, and to ensure continuation of services for the CITY’s CIP in the interim, the CITY desires to further extend the Agreement by one (1) year; and WHEREAS, based on the CONSULTANT’s performance and quality of work, and to ensure timely completion of CIPs, the CITY desires to have the CONSULTANT continue providing on-call project support services for the CITY’s CIP, and the CONSULTANT is willing to perform such services; and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement to December 2, 2025. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The December 3, 2019 Agreement, as previously amended by the First and Second Amendments, is hereby amended to further extend the term of the Agreement by one (1) year to December 2, 2025. 2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the December 3, 2019 Agreement, as amended by the First and Second Amendments, shall remain in full force and effect. Page 107 of 546 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor Date: ___________ APPROVED AS TO FORM: By: Barry J. Schultz City Attorney NV5, INC. (Corporation – signatures of two corporate officers required) By: ______________________________ (Name) (Title) Date: ___________ By: ______________________________ (Name) (Title) Date: ___________ Page 108 of 546 THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WSP USA INC. THIS THIRD AMENDMENT TO THE AGREEMENT is entered into this 3rd day of December, 2024, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and WSP USA INC., a New York corporation (the “CONSULTANT”). RECITALS WHEREAS, the City Council adopted Resolution No. 2019-178 approving an agreement (the “Agreement”) with the CONSULTANT for the term of December 3, 2019 through December 2, 2022, wherein the CONSULTANT agreed to provide on-call project support services for CITY’s Capital Improvement Program (“CIP”) including, but not limited to, project management; traffic engineering; transportation planning; plan reviews; constructability reviews; long range planning on multiple disciplines; grants management; community outreach and communications, for a not-to-exceed amount of $2,0000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and WHEREAS, the City Council adopted Resolution No. 2022-172 approving the First Amendment to the Agreement, increasing the $2,000,000 not-to-exceed amount by $1,000,000 for a total not-to- exceed amount of $3,000,000, and exercising the first of two (2) extensions extending the Agreement by one (1) year to December 2, 2023; and WHEREAS, the City Council adopted Resolution No. 2023-163 approving the Second Amendment to the Agreement, increasing the $3,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $4,000,000, and exercising the second of two (2) extensions extending the Agreement by one (1) year to December 2, 2024; and WHEREAS, the CITY intends to advertise a new Request for Qualifications (“RFQ”) to be solicited in 2025 but, in order to allow sufficient time to solicit and evaluate the RFQ, and to ensure continuation of services for the CITY’s CIP in the interim, the CITY desires to further extend the Agreement by one (1) year; and WHEREAS, based on the CONSULTANT’s performance and quality of work, and to ensure timely completion of CIPs, the CITY desires to have the CONSULTANT continue providing on-call project support services for the CITY’s CIP, and the CONSULTANT is willing to perform such services; and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement to December 2, 2025. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The December 3, 2019 Agreement, as previously amended by the First and Second Amendments, is hereby amended to further extend the term of the Agreement by one (1) year to December 2, 2025. 2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the December 3, 2019 Agreement, as amended by the First and Second Amendments, shall remain in full force and effect. Page 109 of 546 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor Date: ___________ APPROVED AS TO FORM: By: Barry J. Schultz City Attorney WSP USA INC. (Corporation – signatures of two corporate officers required) By: ______________________________ (Name) (Title) Date: ___________ By: ______________________________ (Name) (Title) Date: ___________ Page 110 of 546 THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND STC TRAFFIC, INC. THIS THIRD AMENDMENT TO THE AGREEMENT is entered into this 3rd day of December, 2024, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and STC TRAFFIC, INC., a California corporation (the “CONSULTANT”). RECITALS WHEREAS, the City Council adopted Resolution No. 2019-164 approving an agreement (the “Agreement”) with the CONSULTANT for the term of November 19, 2019 through November 18, 2022, wherein the CONSULTANT agreed to provide on-call project support services for CITY’s Capital Improvement Program (“CIP”) including, but not limited to, project management; traffic engineering; transportation planning; traffic signal communications infrastructure and systems integration; plan reviews; constructability reviews; construction support; grants management; community outreach and communications, for a not-to-exceed amount of $2,0000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and WHEREAS, the City Council adopted Resolution No. 2022-172 approving the First Amendment to the Agreement, increasing the $2,000,000 not-to-exceed amount by $1,000,000 for a total not-to- exceed amount of $3,000,000, and exercising the first of two (2) extensions extending the Agreement by one (1) year to November 18, 2023; and WHEREAS, the City Council adopted Resolution No. 2023-145 approving the Second Amendment to the Agreement, increasing the $3,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $4,000,000, and exercising the second of two (2) extensions extending the Agreement by one (1) year to November 18, 2024; and WHEREAS, the CITY intends to advertise a new Request for Qualifications (“RFQ”) to be solicited in 2025 but, in order to allow sufficient time to solicit and evaluate the RFQ, and to ensure continuation of services for the CITY’s CIP in the interim, the CITY desires to further extend the Agreement by one (1) year; and WHEREAS, based on the CONSULTANT’s performance and quality of work, and to ensure timely completion of CIPs, the CITY desires to have the CONSULTANT continue providing on-call project support services for the CITY’s CIP, and the CONSULTANT is willing to perform such services; and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement to November 18, 2025. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The November 19, 2019 Agreement, as previously amended by the First and Second Amendments, is hereby amended to further extend the term of the Agreement by one (1) year to November 18, 2025. 2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the November 19, 2019 Agreement, as amended by the First and Second Amendments, shall remain in full force and effect. Page 111 of 546 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor Date: ___________ APPROVED AS TO FORM: By: Barry J. Schultz City Attorney STC TRAFFIC, INC., A CALIFORNIA CORPORATION (Corporation – signatures of two corporate officers required) By: ______________________________ (Name) (Title) Date: ___________ By: ______________________________ (Name) (Title) Date: ___________ Page 112 of 546 THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND INNOVATIVE CONSTRUCTION CONSULTING SERVICES, LLC THIS THIRD AMENDMENT TO THE AGREEMENT is entered into this 3rd day of December, 2024, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and INNOVATIVE CONSTRUCTION CONSULTING SERVICES, LLC, a limited liability company (the “CONSULTANT”). RECITALS WHEREAS, the City Council adopted Resolution No. 2019-151 approving an agreement (the “Agreement”) with the CONSULTANT for the term of November 5, 2019 through November 4, 2022, wherein the CONSULTANT agreed to provide on-call project support services for CITY’s Capital Improvement Program (“CIP”) including, but not limited to, project management; engineering construction management; inspection and certified payroll; plan reviews; constructability reviews; community outreach and communications, for a not-to-exceed amount of $2,0000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and WHEREAS, the City Council adopted Resolution No. 2022-172 approving the First Amendment to the Agreement, increasing the $2,000,000 not-to-exceed amount by $1,000,000 for a total not-to- exceed amount of $3,000,000, and exercising the first of two (2) extensions extending the Agreement by one (1) year to November 4, 2023; and WHEREAS, the City Council adopted Resolution No. 2023-145 approving the Second Amendment to the Agreement, increasing the $3,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $4,000,000, and exercising the second of two (2) extensions extending the Agreement by one (1) year to November 4, 2024; and WHEREAS, the CITY intends to advertise a new Request for Qualifications (“RFQ”) to be solicited in 2025 but, in order to allow sufficient time to solicit and evaluate the RFQ, and to ensure continuation of services for the CITY’s CIP in the interim, the CITY desires to further extend the Agreement by one (1) year; and WHEREAS, based on the CONSULTANT’s performance and quality of work, and to ensure timely completion of CIPs, the CITY desires to have the CONSULTANT continue providing on-call project support services for the CITY’s CIP, and the CONSULTANT is willing to perform such services; and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement to November 4, 2025, and to increase the not-to exceed amount by $1,000,000, for a total not-to-exceed amount of $5,000,000. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The November 5, 2019 Agreement, as previously amended by the First and Second Amendments, is hereby amended to further extend the term of the Agreement by one (1) year to November 4, 2025. 2. The November 5, 2019 Agreement, as previously amended by the First and Second Amendments, is hereby amended to further increase the not-to-exceed amount by $1,000,000, for a total not-to-exceed amount of $5,000,000. Page 113 of 546 3. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the November 5, 2019 Agreement, as amended by the First and Second Amendments, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor Date: ___________ APPROVED AS TO FORM: By: Barry J. Schultz City Attorney INNOVATIVE CONSTRUCTION CONSULTING SERVICES, A LIMITED LIABILITY COMPANY (Corporation – signatures of two corporate officers required) By: ______________________________ (Name) (Title) Date: ___________ By: ______________________________ (Name) (Title) Date: ___________ Page 114 of 546 THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KTU&A THIS THIRD AMENDMENT TO THE AGREEMENT is entered into this 3rd day of December, 2024, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and KTU&A, a California corporation (the “CONSULTANT”). RECITALS WHEREAS, the City Council adopted Resolution No. 2019-176 approving an agreement (the “Agreement”) with the CONSULTANT for the term of December 3, 2019 through December 2, 2022, wherein the CONSULTANT agreed to provide on-call project support services for CITY’s Capital Improvement Program (“CIP”) including, but not limited to, project management; landscape architecture and urban design; transportation planning; geographic information systems; long range planning for multiple disciplines; grants management; community outreach and communications, for a not-to-exceed amount of $2,0000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and WHEREAS, the City Council adopted Resolution No. 2022-172 approving the First Amendment to the Agreement, increasing the $2,000,000 not-to-exceed amount by $1,000,000 for a total not-to- exceed amount of $3,000,000, and exercising the first of two (2) extensions extending the Agreement by one (1) year to December 2, 2023; and WHEREAS, the City Council adopted Resolution No. 2023-163 approving the Second Amendment to the Agreement, increasing the $3,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $4,000,000, and exercising the second of two (2) extensions extending the Agreement by one (1) year to December 2, 2024; and WHEREAS, the CITY intends to advertise a new Request for Qualifications (“RFQ”) to be solicited in 2025 but, in order to allow sufficient time to solicit and evaluate the RFQ, and to ensure continuation of services for the CITY’s CIP in the interim, the CITY desires to further extend the Agreement by one (1) year; and WHEREAS, based on the CONSULTANT’s performance and quality of work, and to ensure timely completion of CIPs, the CITY desires to have the CONSULTANT continue providing on-call project support services for the CITY’s CIP, and the CONSULTANT is willing to perform such services; and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement to December 2, 2025, and to increase the not-to exceed amount by $1,000,000, for a total not-to-exceed amount of $5,000,000. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The December 3, 2019 Agreement, as previously amended by the First and Second Amendments, is hereby amended to further extend the term of the Agreement by one (1) year to December 2, 2025. 2. The December 3, 2019 Agreement, as previously amended by the First and Second Amendments, is hereby amended to further increase the not-to-exceed amount by $1,000,000, for a total not-to-exceed amount of $5,000,000. Page 115 of 546 3. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the December 3, 2019 Agreement, as amended by the First and Second Amendments, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor Date: ___________ APPROVED AS TO FORM: By: Barry J. Schultz City Attorney KTU&A (Corporation – signatures of two corporate officers required) By: ______________________________ (Name) (Title) Date: ___________ By: ______________________________ (Name) (Title) Date: ___________ Page 116 of 546 FOURTH AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CHEN RYAN ASSOCIATES, INC. THIS FOURTH AMENDMENT TO THE AGREEMENT is entered into this 3rd day of December, 2024, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and CHEN RYAN ASSOCIATES, INC., dba CR ASSOCIATES, a California corporation (the “CONSULTANT”). RECITALS WHEREAS, the City Council adopted Resolution No. 2019-163 approving an agreement (the “Agreement”) with the CONSULTANT for the term of November 19, 2019 through November 18, 2022, wherein the CONSULTANT agreed to provide on-call project support services for CITY’s Capital Improvement Program (“CIP”) including, but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long range planning for multiple disciplines; grants management; and, community and communications, for a not-to-exceed amount of $2,0000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and WHEREAS, the City Council adopted Resolution No. 2021-122 approving the First Amendment to the Agreement, increasing the $2,000,000 not-to-exceed amount by $1,000,000 for a total not-to- exceed amount of $3,000,000; and WHEREAS, the City Council adopted Resolution No. 2022-172 approving the Second Amendment to the Agreement, increasing the $3,000,000 not-to-exceed amount by $1,000,000, including hourly rates, for a total not-to-exceed amount of $4,000,000, and exercising the first of two (2) one-year extensions extending the Agreement by one (1) year to November 18, 2023; and WHEREAS, the City Council adopted Resolution No. 2023-145 approving the Third Amendment to the Agreement, increasing the $4,000,000 not-to-exceed amount by $1,000,000, including hourly rates, for a total not-to-exceed amount of $5,000,000, and exercising the second of two (2) one-year extensions extending the Agreement by one (1) year to November 18, 2023; and WHEREAS, the CITY intends to advertise a new Request for Qualifications (“RFQ”) to be solicited in 2025 but, in order to allow sufficient time to solicit and evaluate the RFQ, and to ensure continuation of services for the CITY’s CIP in the interim, the CITY desires to further extend the Agreement by one (1) year; and WHEREAS, based on the CONSULTANT’s performance and quality of work, and to ensure timely completion of CIPs, the CITY desires to have the CONSULTANT continue providing on-call project support services for the CITY’s CIP, and the CONSULTANT is willing to perform such services; and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement to November 18, 2025, and to increase the not-to exceed amount by $1,000,000, for a total not-to-exceed amount of $6,000,000. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The November 19, 2019 Agreement, as previously amended by the First, Second, and Third Amendments, is hereby amended to further extend the term of the Agreement by one (1) year to November 18, 2025. Page 117 of 546 2. The November 19, 2019 Agreement, as previously amended by the First, Second, and Third Amendments, is hereby amended to further increase the not-to-exceed amount by $1,000,000, for a total not-to-exceed amount of $6,000,000. 3. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the November 19, 2019 Agreement, as amended by the First, Second, and Third Amendments, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor Date: ___________ APPROVED AS TO FORM: By: Barry J. Schultz City Attorney CHEN RYAN ASSOCIATES, INC., A CALIFORNIA CORPORATION (Corporation – signatures of two corporate officers required) By: ______________________________ (Name) (Title) Date: ___________ By: ______________________________ (Name) (Title) Date: ___________ Page 118 of 546 FOURTH AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONALS CORPORATION THIS FOURTH AMENDMENT TO THE AGREEMENT is entered into this 3rd day of December, 2024 by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and PROJECT PROFESSIONALS CORPORATION, a California corporation (the “CONSULTANT”). RECITALS WHEREAS, the City Council adopted Resolution No. 2019-152 approving an Agreement (the “Agreement”) with the CONSULTANT for the term of November 5, 2019 through November 4, 2022, wherein the CONTRACTOR agreed to provide on-call project support services for CITY’s Capital Improvement Program (“CIP”) including, but not limited to, project management; engineering construction management; inspection and certified payroll; plan reviews; constructability reviews; community outreach and communications, for a not-to-exceed amount of $2,0000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and WHEREAS, the City Council adopted Resolution No. 2021-121 approving the First Amendment to the Agreement, increasing the $2,000,000 not-to-exceed amount by $1,000,000 for a total not-to- exceed amount of $3,000,000; and WHEREAS, the City Council adopted Resolution No. 2022-172 approving the Second Amendment to the Agreement, increasing the $3,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $4,000,000, and exercising the first of two (2) extensions extending the Agreement by one (1) year to November 4, 2023; and WHEREAS, the City Council adopted Resolution No. 2023-145 approving the Third Amendment to the Agreement, increasing the $4,000,000 not-to-exceed amount by $1,000,000 for a total not-to- exceed amount of $5,000,000, and exercising the second of two (2) extensions extending the Agreement by one (1) year to November 4, 2024; and WHEREAS, the CITY intends to advertise a new Request for Qualifications (“RFQ”) to be solicited in 2025 but, in order to allow sufficient time to solicit and evaluate the RFQ, and to ensure continuation of services for the CITY’s CIP in the interim, the CITY desires to further extend the Agreement by one (1) year; and WHEREAS, based on the CONSULTANT’s performance and quality of work, and to ensure timely completion of CIPs, the CITY desires to have the CONSULTANT continue providing on-call project support services for the CITY’s CIP, and the CONSULTANT is willing to perform such services; and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement to November 4, 2025, and to increase the not-to exceed amount by $1,000,000, for a total not-to-exceed amount of $6,000,000. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The November 5, 2019 Agreement, as previously amended by the First, Second, and Third Amendments, is hereby amended to further extend the term of the Agreement by one (1) year to November 4, 2025. Page 119 of 546 2. The November 5, 2019 Agreement, as previously amended by the First, Second, and Third Amendments, is hereby amended to further increase the not-to-exceed amount by $1,000,000, for a total not-to-exceed amount of $6,000,000. 3. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the November 5, 2019 Agreement, as amended by the First, Second, and Third Amendments, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor Date: ___________ APPROVED AS TO FORM: By: Barry J. Schultz City Attorney PROJECT PROFESSIONALS CORPORATION, A CALIFORNIA CORPORATION (Corporation – signatures of two corporate officers required) By: ______________________________ (Name) (Title) Date: ___________ By: ______________________________ (Name) (Title) Date: ___________ Page 120 of 546 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE 1) THIRD AMENDMENTS TO THE AGREEMENTS WITH A) ANSER ADVISORY, B) HDR ENGINEERING, INC., C) KIMLEY-HORN AND ASSOCIATES, INC., D) NV5, INC., E) WSP USA INC., AND F) STC TRAFFIC, INC. TO EXTEND THE AGREEMENTS BY ONE YEAR; 2) THIRD AMENDMENTS TO THE AGREEMENTS WITH A) INNOVATIVE CONSTRUCTION CONSULTING SERVICES, LLC AND B) KTU&A TO EXTEND THE AGREEMENTS BY ONE YEAR AND INCREASE THE NOT-TO-EXCEED AMOUNTS BY $1,000,000 EACH; AND 3) FOURTH AMENDMENTS TO THE AGREEMENTS WITH A) CHEN RYAN ASSOCIATES, INC. AND B) PROJECT PROFESSIONALS CORPORATION TO EXTEND THE AGREEMENTS BY ONE YEAR AND INCREASE THE NOT- TO-EXCEED AMOUNTS BY $1,000,000 EACH. WHEREAS, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services, housing and real estate development services, and environmental compliance services on May 1, 2019; and WHEREAS, based on the strength of their Statements of Qualifications, interviews and past performance, the City of National City entered into agreements with several consultants to provide on-call support services for National City’s Capital Improvement Program (CIP); and WHEREAS, the original agreements were each for a not-to-exceed amount of $2,000,000 and a term of three years, with the option to extend for two one-year extensions; and WHEREAS, staff intends to advertise a new RFQ in 2025 but, in order to allow sufficient time to solicit and evaluate the RFQ, and to ensure continuation of services for the City’s CIP in the interim, the City desires to further extend the agreements by one year; and, WHEREAS, based on the consultants’ performances and quality of work, expiring agreements, increased staffing demands, and to ensure timely completion of CIPs, the City and the below listed consultants desire to execute: 1. Third Amendments to extend the agreements by one year for the below listed consultants: a. Anser Advisory: Project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews; community outreach and communications. Original Agreement Reso No. 2019-150 expires November 4, 2022 First Amendment Reso No. 2022-172 expires November 4, 2023 Second Amendment Reso No. 2023-145 expires November 4, 2024 b. HDR Engineering, Inc.: Project management; civil engineering; plan reviews; constructability reviews; construction support; long range planning for multiple disciplines; grants management; community outreach and communications Original Agreement Reso No. 2019-175 expires December 2, 2022 First Amendment Reso No. 2022-172 expires December 2, 2023 Second Amendment Reso No. 2023-163 expires December 2, 2024 Page 121 of 546 c. Kimley-Horn and Associates, Inc.: Project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning on multiple disciplines; grants management; community outreach and communications Original Agreement Reso. No. 2020-11 expires January 20, 2023 First Amendment Reso No. 2022-172 expires January 20, 2024 Second Amendment Reso No. 2023-163 expires January 20, 2025 d. NV5, Inc.: Project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability review; land surveying; environmental assessments; geotechnical; construction support; community outreach and communications Original Agreement Reso. No. 2019-177 expires December 2, 2022 First Amendment Reso No. 2022-172 expires December 2, 2023 Second Amendment Reso No. 2023-163 expires December 2, 2024 e. WSP USA Inc.: Project management; traffic engineering; transportation planning; plan reviews; constructability reviews; long-range planning on multiple disciplines; grants management; community outreach and communications Original Agreement Reso No. 2019-178 expires December 2, 2022 First Amendment Reso No. 2022-172 expires December 2, 2023 Second Amendment Reso No. 2023-163 expires December 2, 2024 f. STC Traffic, Inc.: Project management; traffic engineering; transportation planning; traffic signal communications infrastructure and systems integration; plan reviews; constructability reviews; construction support; grants management; community outreach and communications. Original Agreement Reso No. 2019-164 expires November 18, 2022 First Amendment Reso No. 2022-172 expires November 18, 2023 Second Amendment Reso No. 2023-145 expires November 18, 2024 2. Third Amendments to extend the agreements by one year and increase the not-to-exceed amounts of the agreements by $1,000,000 each, for total not-to-exceed amounts of $5,000,000 each, for the below listed consultants: a. Innovative Construction Consulting Services, LLC: Project management; engineering construction management; inspection and certified payroll; plan reviews; constructability reviews; community outreach and communications Original Agreement Reso No. 2019-151 expires November 4, 2022 First Amendment Reso No. 2022-172 expires November 4, 2023 Second Amendment Reso No. 2023-145 expires November 4, 2024 b. KTU&A: Project management; landscape architecture and urban design; transportation planning; geographic information systems; long -range planning Page 122 of 546 for multiple disciplines; grants management; community outreach and communications Original Agreement Reso No. 2019-176 expires December 2, 2022 First Amendment Reso No. 2022-172 expires December 2, 2023 Second Amendment Reso No. 2023-163 expires December 2, 2024 3. Fourth Amendments to extend the agreements by one year and increase the not-to- exceed amounts of the agreements by $1,000,000 each, for total not-to-exceed amounts of $6,000,000 each, for the below listed consultants: a. Chen Ryan Associates, Inc.: Project management; civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long range planning for multiple disciplines; grants management; and, community and communications Original Agreement Reso No. 2019-163 expires November 18, 2022 First Amendment Reso No. 2021-122 funds only Second Amendment Reso No. 2022-172 expires November 18, 2023 Third Amendment Reso No. 2023-145 expires November 18, 2024 b. Project Professionals Corporation: Project management; engineering construction management; inspection and certified payroll; plan reviews; constructability reviews; community outreach and communications. Original Agreement Reso No. 2019-152 expires November 4, 2022 First Amendment Reso No. 2021-121 funds only Second Amendment Reso No. 2022-172 expires November 4, 2023 Third Amendment Reso No. 2023-145 expires November 4, 2024 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 1) Third Amendments to the agreements with a) Anser Advisory, b) HDR Engineering, Inc., c) Kimley- Horn and Associates, Inc., d) NV5, Inc., e) WSP USA Inc., and f) STC Traffic, Inc. to extend the agreements by one year; 2) Third Amendments to the agreements with a) Innovative Construction Consultants, LLC and b) KTU&A to extend the agreements by one year and increase the not-to- exceed amounts by $1,000,000 each; and 3) Fourth Amendments to the agreements with a) Chen Ryan Associates, Inc. and b) Project Professionals Corporation to extend the agreements by one year and increase the not-to-exceed amounts by $1,000,000 each. 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. Page 123 of 546 PASSED and ADOPTED this 3rd day of December, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 124 of 546 AGENDA REPORT Department: Community Services Prepared by: Joanne McGhee, Acting Community Services Director Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT : Extension of Agreement with EXOS Community Services LLC (EXOS) for Las Palmas Pool Operations. RECOMMENDATION : Adopt The Resolution Entitled: “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute the Amendment to the Agreement Between the City of National City (“City”) and EXOS Community Services , LLC, (“EXOS”) to Extend the Agreement for Two (2) Years for the Operation of Las Palmas Pool, Located at 1800 East 22nd Street, National City, California.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: On March 21, 2023 the City Council approved an Agreement with EXOS for the operation of aquatic programs at Las Palmas Pool for a term of January 2023 – December 2024 with the option to extend the agreement if mutually agreed. EXOS has served the community, offering new programs such as Hydro FIIT, Group Swim Lessons, Private Swim Lessons , Lap and Recreational Swim, GEX Aqua Classes and Water Aerobics . The Agreement provides for the extension of the original term for up to two (2) additional five (5) year terms. Staff and EXOS are proposing a two (2) year extension at this time. FINANCIAL STATEMENT : The FY 2025 Budget includes $415,000 for the agreement with EXOS to operate the pool and an estimated $340,000 in revenues. 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 - Agreement Exhibit B – Amendment of the Agreement between City of National City and EXOS LLC Exhibit C - Resolution Page 125 of 546 Page 126 of 546 Page 127 of 546 Page 128 of 546 Page 129 of 546 Page 130 of 546 Page 131 of 546 Page 132 of 546 Page 133 of 546 Page 134 of 546 Page 135 of 546 Page 136 of 546 Page 137 of 546 Page 138 of 546 Page 139 of 546 Page 140 of 546 Page 141 of 546 Page 142 of 546 Page 143 of 546 Page 144 of 546 Page 145 of 546 Page 146 of 546 Page 147 of 546 Page 148 of 546 Page 149 of 546 Page 150 of 546 Page 1 of 2 AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND EXOS COMMUNITY SERVICES, LLC. THIS FIRST AMENDMENT TO THE AGREEMENT is entered into on this 3rd day of December, 2024, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and EXOS COMMUNITY SERVICES, LLC,. a New Jersey limited liability company (EXOS). RECITALS WHEREAS, the CITY owns the property located at 1800 East 22nd Street, National City, California. This property is commonly known as Las Palmas Pool; and WHEREAS, the CITY and EXOS (collectively referred to as the "parties") entered into an Agreement on March 21, 2023 ("Agreement''), wherein the CITY executed an Agreement with EXOS for the operation of aquatic programs and the operation of Las Palmas Pool; and WHEREAS, the term of the Agreement was January 1, 2023 (the “Commencement Date”) through December 31, 2024; and WHEREAS, upon the expiration of the term described in Article 1.1, the City Council may extend the term upon mutual agreement between the parties. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. Term. The CITY and EXOS hereby agree to extend the term of the Agreement for two (2) years to December 31, 2026. 2. The parties further agree that all other components of the January 2023 Agreement shall remain in full force and effect. [Signature Page to Follow] Page 151 of 546 Page 2 of 2 IN WITNESS WHEREOF, the parties here to have executed this Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: By: _____________________________ Barry J. Schultz City Attorney EXOS COMMUNITY SERVICES, LLC (Corporation - signatures of two corporate officers required) (Partnership or Sole proprietorship - one signature) By: (Print) (Title) By: (Print) (Title) Page 152 of 546 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY (“CITY”) AND EXOS COMMUNITY SERVICES, LLC, (“EXOS”) TO EXTEND THE AGREEMENT FOR TWO (2) YEARS FOR THE OPERATION OF LAS PALMAS POOL, LOCATED AT 1800 EAST 22ND STREET, NATIONAL CITY, CALIFORNIA WHEREAS, the CITY owns the property located at 1800 East 22nd Street, National City, California. This property is commonly known as Las Palmas Pool; and WHEREAS, the CITY and EXOS (collectively referred to as the "parties") entered into an Agreement on March 21, 2023 ("Agreement''), wherein the CITY executed an Agr eement with EXOS for the operation of aquatic programs at Las Palmas Pool; and WHEREAS, the term of the Agreement was January 1, 2023 (the “Commencement Date”) and expiring on December 31, 2024; and WHEREAS, upon the expiration of the term described in Article 1.1, the City Council may extend the term upon mutual agreement between the parties; and WHEREAS, staff recommends extending the term of the agreement for two (2) years, beginning January 1, 2025 and terminating on December 31, 2026. 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 the amendment to the Agreement between the City of National City and EXOS for a term of two (2) years, beginning January 1, 2025, and terminating on December 31, 2026, for the Operation of Las Palmas Pool. Section 2: That the City Clerk shall certify as to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 3rd day of December, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 153 of 546 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, MMC, City Clerk Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Approval of the Local Appointments List – Maddy Act Requirement RECOMMENDATION: Approve the Local Appointments List for 2025 and Authorize the City Clerk to post the list at City Hall and Post End of Term Vacancies on the City Website. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: California Government Code 54970-54974 requires on or before December 31 of each year, each legislative body shall prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency. This list shall be known as the Local Appointments List. The Appointments List serves to provide awareness of the opportunities to serve on local regulatory and advisory boards, commissions and committees. Any unscheduled vacancy that may occur during 2025 will be determined a special vacancy and notice shall be posted at City Hall and the City Website pursuant to Section 54973-54974 of the Government Code not earlier than twenty (20) days before and not later than twenty (20) days after the vacancy occurs. Final appointment to the Board/Commission/Committee shall not be made by the legislative body for at least ten (10) working days after the posting of the notice in the Clerk’s Office. Discussion: In compliance with the requirements of Government Code Section 54970, the following Local Appointments List is posted on an annual basis. The List presents all current members of the City Boards/Commissions/Committees and the dates of the terms. Civil Service Commission consists of up to five (5) members who are appointed by the City Council and are required to be a resident of National City. The City Council appoints the members for a term of five (5) years. The Civil Service Commission recommends to the City Council, after a public hearing, the adoption, amendment or repeal of Civil Service Rules and Regulations not in conflict with the Government Code; hears appeals of any person in the classified service relative to any suspension, demotion or dismissal; and makes any investigation concerning the administration of personnel in the municipal service and reports its findings to the City Council and the City Manager. Page 154 of 546 Community and Police Relations Commission consists of eight (8) individuals appointed by the Mayor with the approval of the City Council. Of the eight (8) members, seven (7) shall be voting members, and one (1) shall be non-voting members. Of the seven (7) voting members, five (5) shall be residents of the City of National City, and up to two (2) nonresidents. The non-voting member shall be a member of the National City Police Officers’ Association. The term of the members shall be for three (3) years. Board of Library Trustees coordinates the activities of the City Library; advises the City Librarian on operational policies; approves warrants; and recommends to the City Council the adoption of rules and regulations, as it may deem necessary for the administration and protection of the City Library. The Board of Library Trustees consists of five (5) members plus an alternate, appointed by the Mayor with the approval of the City Council for a three (3) year term. The Library Board of Trustees is regulated by Education Code Section 18900 et seq., National City Municipal Code Chapter 16.01 Board of Library Trustees and Resolution 8210. Parks, Recreation and Senior Citizens Advisory Committee consists of seven (7) members to be appointed by the Mayor with the approval of the City Council, each for a term of three (3) years. The Parks, Recreation and Senior Citizens Advisory Committee acts in an advisory capacity to the City Council in matters of policy and administration of city owned parks and the recreation programs operated within the parks and recreation centers; investigates and reports on related matters as referred by the Council; and submits recommendations to Council on related subjects which the Committee deems important. Planning Commission/Housing Advisory Committee consists of seven (7) members appointed by the City Council for a term of four (4) years. The Planning Commissioners are required to be residents of the City. The Planning Commission is appointed to consider land use planning matters. The Commission renders determinations and makes recommendations to the City Council on a variety of land use matters, including changes to the City’s General Plan, Specific Plans and Land Use Code. They also provide discretionary review for land use matters such as Conditional Use Permits, Variances, and Subdivisions. The Planning Commission also serves on the Housing Advisory Committee and adds two (2) additional members, one (1) of which may be a non-resident. This additional committee provides input on housing related matters such as the Housing Element and the Focused General Plan Update and plays a role in moving forward housing programs and projects. Port Commission consists of one (1) member appointed by the City Council for a four (4) year term to represent the interests of the City of National City. Public Art Committee consists of five (5) members plus an alternate, who are appointed by the Mayor with the approval of the City Council, to serve three (3) year terms. The Public Art Committee acts in an advisory capacity to the City Council in matters of policy and selection of public art installed anywhere in the City. Sweetwater Authority consists of two (2) members appointed by the Mayor with the approval of the City Council for a four (4) year term to represent t he interests of the City of National City. The two appointees hold two of the seven seats that comprise the Sweetwater Authority’s Board of Directors. Page 155 of 546 Traffic Safety Committee consists five (5) members who are appointed by the Mayor with the approval of the City Council for three (3) year terms. The Traffic Safety Committee reviews and makes recommendations on matters related to vehicular and pedestrian safety within the City of National City. As directed by the City Council, the Traffic Safety Committee conducts investigations and reports on safety issues requested by appropriate public agencies and responsible private citizens / private organizations. FINANCIAL STATEMENT: Not Applicable. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Communication and Outreach 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 – Local Appointments List 2025 Page 156 of 546 CITY OF NATIONAL CITY LOCAL APPOINTMENTS LIST 2025 In compliance with the requirements of Government Code Section 54970, the following Local Appointments List is posted on an annual basis. The List presents all current members of the City Boards/Commissions/Committees and the dates of the terms. CIVIL SERVICE COMMISSION* Position Member Term Appointed Term Expires Chair Paul Wapnowski 5-years 09/5/2023 09/30/2028 Vice-Chair Rafael Courtney 5-years 10/20/2020 09/30/2025 Commissioner Gilmore Elayda 5-years 09/17/2024 09/30/2029 Commissioner Sean Sampsell 5-years 04/18/2023 09/30/2027 Commissioner Wellington Clave 5-years 09/17/2024 09/30/2029 COMMUNITY AND POLICE RELATIONS COMMITTEE* Position Member Term Appointed Term Expires Chair Michael Lesley 3-years 03/07/2023 03/31/2026 Vice-Chair Daniel Orth 3-years 03/15/2022 03/31/2025 Member Zachary Francisco-Gomez 3-years 03/07/2023 03/31/2026 Member Marisa Rosales 3-years 03/19/2024 03/31/2027 Member Kimberly Cumming-Serrano 3-years 03/19/2024 03/31/2027 Member Rosemary Vasquez 3-years 03/19/2024 03/31/2027 Member William Phillips 3-years 03/15/2022 03/31/2025 BOARD OF LIBRARY TRUSTEES* Position Member Term Appointed Term Expires President Margaret Godshalk 3-years 09/05/2023 09/30/2026 Secretary Elizabeth Huato-Maldonado 3-years 09/17/2024 09/30/2027 Member-Trustee Jissan Ravanilla 3-years 09/17/2024 09/30/2027 Member-Trustee Cindy Lopez 3-years 04/18/2023 09/30/2025 Member-Trustee Nidya Rivera-Moreno 3-years 09/17/2024 09/30/2027 Member-Trustee Patricia McGhee (Alternate) 3-years 09/05/2023 09/30/2026 Page 157 of 546 PARK, RECREATION & SENIOR CITIZENS ADVISORY COMMITTE Position Member Term Appointed Term Expires Chair Nora McMains 3-years 09/20/2022 09/30/2025 Member LaTonya Harris Croom 3-years 09/17/2024 09/30/2026 Member Daniel Perez 3-years 09/17/2024 09/30/2027 Member Joseph Crawford 3-years 09/05/2023 09/30/2026 Member Jesus Hizon 3-years 09/17/2024 03/31/2026 Member Alexander Fernandez 3-years 03/07/2023 03/31/2026 Member Vacant 3-years 09/30/2027 PLANNING COMMISSION* Position Member Term Appointed Term Expires Chair Richard Martin Miller 4-years 03/15/2022 03/31/2026 Vice-Chair Randi Castle-Salgado 4-years 03/15/2022 03/31/2026 Commissioner Beryl Forman 4-years 03/19/2024 03/31/2028 Commissioner Ricardo Sanchez 4-years 09/17/2024 09/30/2028 Commissioner Claudia E. Valenzuela 4-years 04/20/2021 03/31/2025 Commissioner Pearl Quinones 4-years 04/18/2023 03/21/2027 Commissioner Liliana Armenta 4-years 04/18/2023 03/21/2027 PORT COMMISSION* Position Member Term Appointed Term Expires Commissioner GilAnthony Ungab 4-years 06/13/2024 12/02/2024 PUBLIC ART COMMITTEE* Position Member Term Appointed Term Expires Chair William A. Virchis 3-year 09/05/2023 09/30/2026 Member Erick Carbajl 3-year 09/17/2024 09/30/2027 Member Ryan Johnson 3-year 09/20/2022 09/30/2025 Member Jacqueline Schliapnik 3-year 09/20/2022 09/30/2025 Member Charles Reilly 3-year 09/17/2024 09/30/2027 Member Carmela Hinton (Alternate) 3-year 09/17/2024 09/30/2027 Page 158 of 546 SWEETWATER AUTHORITY – CITIZEN ADVISORY COMMITTEE Position Member Term Appointed Term Expires Primary William Sendt 4 years 12/31/2022 12/31/2026 Alternate Aida Castaneda 4 years 12/31/2022 12/31/2026 TRAFFIC SAFETY COMMITTEE* Position Member Term Appointed Term Expires Member Kelly Piper 3-years 09/20/2022 09/30/2025 Member Cynthia Fuller Quinonez 3-years 09/20/2022 09/30/2025 Member Yvonne Howrey-Colmenero 3-years 09/17/2024 09/30/2027 Member Rafael Cotero 3-years 09/05/2023 09/30/2026 Member Amelito Gozum 3-years 11/19/2024 09/30/2027 HOUSING ADVISORY COMMITTEE* Position Member Term Appointed Term Expires Chair Richard Martin Miller 4-years 03/15/2022 03/31/2026 Vice-Chair Randi Castle-Salgado 4-years 03/15/2022 03/31/2026 Commissioner Beryl Forman 4-years 03/19/2024 03/31/2028 Commissioner Ricardo Sanchez 4-years 09/17/2024 09/30/2028 Commissioner Claudia E. Valenzuela 4-years 04/20/2021 03/31/2025 Commissioner Pearl Quinones 4-years 04/18/2023 03/21/2027 Commissioner Liliana Armenta 4-years 04/18/2023 03/21/2027 Member Mayra A. Valdez 4-years 03/15/2022 03/21/2026 Member Denise Kosterlistzky 4-years 04/18/2023 03/31/2027 *Individual appointed to this Board/Commission/Committee is subject to the Fair Political Practices Commission regulations and must file a Statement of Economic Interest within 30 days of appointment. Page 159 of 546 AGENDA REPORT Department: Human Resources Prepared by: Lydia Flores-Hernandez, Human Resources Director Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Resolution to the City Council of the City of National City Approving the Adoption of a Side Letter Agreement Between the City of National Municipal Employees Association (MEA) Exclusively Represented by SEIU and Approving the MEA Salary Schedule. RECOMMENDATION: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute a Side Letter Agreement Between the City of National City and the National City Municipal Employees’ Association, Represented by Service Employees’ International Union Local 221, Extending the Memorandum of Understanding Between the Parties through June 30, 2025, and Increasing the Salaries of Covered Employees; Amending the NCMEA Salary Schedule to Reflect a Six Percent Increase in Base Salaries; and Authorizing the Establishment of Fiscal Year 2025 Budget Appropriations in the Amount of $383,685 to Fund the Salaries.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The current labor agreement with the National City Municipal Employees’ Association, Represented by Service Employees’ International Union (SEIU) Local 221 is set to expire on December 31, 2024. To foster positive labor relations and acknowledge the importance of collaboration with the Association, the City expressed interest in negotiating an extension of the existing contract. As a result, both parties reached a side letter agreement, which includes a 6% adjustment effective the first full pay period of January 2025, and extends the term of the current Memorandum of Understanding (MOU) to June 30, 2025. Finally, part-time employees will be eligible to take the Bilingual Performance Evaluation administered by the Human Resources Department, but that part-time employees will not be eligible for bilingual differential pay until determined via upcoming negotiations between the parties. FINANCIAL STATEMENT: Approval of this action will increase Fiscal Year 2025 appropriations by $383,685 as shown in the table below. The ongoing fiscal impact is estimated to be $800,177. Fund Fiscal Year 2025 Estimated Ongoing General Fund $ 208,749 $ 435,348 Library Fund $ 18,093 $ 37,734 Parks Maintenance Fund $ 30,011 $ 62,587 Gas Taxes Fund $ 17,300 $ 36,079 Sewer Service Fund $ 29,297 $ 61,098 Page 160 of 546 Nutrition $ 11,112 $ 23,175 Trash Rate Stabilization Fund $ 4,721 $ 9,845 Grant-C.D.B.G. $ 1,325 $ 2,764 Parking Authority $ 6,721 $ 14,016 Housing Choice Voucher Fund $ 22,932 $ 47,825 Home Fund $ 2,117 $ 4,414 Low & Mod Income Housing Asset Fund $ 791 $ 1,650 Facilities Maint. Fund $ 19,981 $ 41,671 Liability Ins. Fund $ 1,988 $ 4,146 Motor Vehicle Svc Fund $ 8,547 $ 17,825 Total $ 383,685 $ 800,177 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. 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 - Resolution Exhibit B – MEA Salary Schedule Effective January 7, 2025 Exhibit C – NCMEA_SEIU Side Letter Page 161 of 546 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDE LETTER AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES’ ASSOCIATION, REPRESENTED BY SERVICE EMPLOYEES’ INTERNATIONAL UNION LOCAL 221, EXTENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE PARTIES THROUGH JUNE 30, 2025 AND INCREASING THE SALARIES OF COVERED EMPLOYEES; AMENDING THE NCMEA SALARY SCHEDULE TO REFLECT A SIX PERCENT INCREASE IN BASE SALARIES; AND AUTHORIZING THE ESTABLISHMENT OF FISCAL YEAR 2025 BUDGET APPROPRIATIONS IN THE AMOUNT OF $383,685 TO FUND THE SALARIES. WHEREAS, the City of National City (“City”) and the National City Municipal Employees’ Association (“MEA”) are parties to a Memorandum of understanding (“MOU”) for the period of July 1, 2022 through December 31, 2024, which governs the wages, hours, and other terms and conditions of employment of the classifications represented by the MEA; and WHEREAS, the City and MEA, through MEA’s exclusive representative the Service Employees International Union, Local 221 (“SEIU”), have met and come to an agreement to extend the MOU six (6) months from December 31, 2024, to June 30, 2025, to allow additional time to negotiate a successor agreement to the MOU; and WHEREAS, the City and MEA have further agreed to a six percent (6%) increase in base salaries of the classifications represented by the MEA, effective with the start of the first pay period in January 2025; and WHEREAS, additionally, City and MEA have agreed that part-time employees will be eligible to take the Bilingual Performance Evaluation administered by the Human Resources Department, but that part-time employees will not be eligible for bilingual differential pay until determined via upcoming negotiations between the parties; and WHEREAS, City staff recommends that the City Council formalize the agreement between the City and MEA by approving a Side Letter Agreement (attached as Exhibit C) to the current MOU; and WHEREAS, in fiscal year 2025, additional budget appropriations in the amount of $383,684 are necessary to fund the increased salaries. 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 Side Letter Agreement to the current Memorandum of Understanding between the City of National City and the National City Municipal Employees’ Association (“MOU”) to extended the MOU six months, from December 31, 2024, to June 30, 2025, to increase the salaries of covered employees, and to allow part-time employees to take the Bilingual Performance Evaluation. The Side Letter Agreement is attached to the Agenda Report as Exhibit C. Page 162 of 546 Section 2: That the City Council hereby authorizes the City Manager to execute said Side Letter Agreement. Section 3: That the City Council hereby authorizes the establishment of Fiscal Year 2025 budget appropriations in the amount of $383,685 spread across multiple funds as determined by the City Manager. Section 4: That the City Council hereby authorizes the amendment to the NCMEA Salary Schedule as shown in Exhibit B, effective January 7, 2025. 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 3rd day of December, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 163 of 546 CITY OF NATIONAL CITY NCMEA SALARY SCHEDULE EFFECTIVE JANUARY 7, 2025 TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL ABANDONED VEHICLE ABATEMENT OFFICER STEP A $24.27 $1,941.92 $4,207.49 $50,489.92 STEP B $25.48 $2,038.59 $4,416.95 $53,003.39 STEP C $26.75 $2,140.35 $4,637.43 $55,649.15 STEP D $28.10 $2,248.05 $4,870.77 $58,449.25 STEP E $29.50 $2,359.98 $5,113.30 $61,359.58 ACADEMIC ENRICHMENT PROGRAMS COORDINATOR STEP A $34.28 $2,742.43 $5,941.94 $71,303.23 STEP B $36.00 $2,879.81 $6,239.58 $74,875.01 STEP C $37.80 $3,023.97 $6,551.93 $78,623.17 STEP D $39.68 $3,174.06 $6,877.14 $82,525.66 STEP E $41.66 $3,332.64 $7,220.72 $86,648.64 ACCOUNTANT STEP A $35.44 $2,834.86 $6,142.21 $73,706.46 STEP B $37.20 $2,975.63 $6,447.20 $77,366.43 STEP C $39.06 $3,124.88 $6,770.57 $81,246.88 STEP D $41.01 $3,280.91 $7,108.64 $85,303.71 STEP E $43.06 $3,444.58 $7,463.25 $89,558.98 ACCOUNTANT TRAINEE STEP A $30.11 $2,409.17 $5,219.86 $62,638.37 STEP B $31.61 $2,528.74 $5,478.93 $65,747.14 STEP C $33.20 $2,655.94 $5,754.53 $69,054.34 STEP D $34.86 $2,789.07 $6,042.99 $72,515.87 STEP E $36.60 $2,928.14 $6,344.31 $76,131.74 ACCOUNTING ASSISTANT STEP A $25.15 $2,012.30 $4,359.99 $52,319.90 STEP B $26.40 $2,112.37 $4,576.80 $54,921.57 STEP C $27.72 $2,217.52 $4,804.63 $57,655.52 STEP D $29.12 $2,329.46 $5,047.15 $60,565.86 STEP E $30.56 $2,444.78 $5,297.03 $63,564.38 ADMINISTRATIVE SECRETARY STEP A $24.28 $1,942.77 $4,209.33 $50,511.97 STEP B $25.49 $2,039.44 $4,418.79 $53,025.44 STEP C $26.78 $2,142.05 $4,641.10 $55,693.25 STEP D $28.11 $2,248.90 $4,872.61 $58,471.30 STEP E $29.52 $2,361.68 $5,116.97 $61,403.68 ADMINISTRATIVE TECHNICIAN STEP A $30.57 $2,445.63 $5,298.87 $63,586.43 STEP B $32.10 $2,567.74 $5,563.45 $66,761.34 STEP C $33.70 $2,695.79 $5,840.88 $70,090.59 STEP D $35.39 $2,831.47 $6,134.86 $73,618.27 STEP E $37.15 $2,972.24 $6,439.85 $77,278.24 6% SALARY INCREASE 1 OF 18Page 164 of 546 CITY OF NATIONAL CITY NCMEA SALARY SCHEDULE EFFECTIVE JANUARY 7, 2025 TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL ALARM PROGRAM COORDINATOR STEP A $20.45 $1,635.79 $3,544.22 $42,530.59 STEP B $21.48 $1,718.05 $3,722.44 $44,669.25 STEP C $22.55 $1,803.70 $3,908.01 $46,896.10 STEP D $23.67 $1,893.58 $4,102.77 $49,233.18 STEP E $24.86 $1,988.56 $4,308.55 $51,702.56 ANIMAL REGULATIONS OFFICER STEP A $26.62 $2,129.33 $4,613.54 $55,362.53 STEP B $27.94 $2,235.33 $4,843.21 $58,118.53 STEP C $29.35 $2,348.11 $5,087.58 $61,050.91 STEP D $30.80 $2,464.29 $5,339.29 $64,071.49 STEP E $32.34 $2,587.25 $5,605.70 $67,268.45 ASSISTANT ENGINEER-CIVIL STEP A $43.32 $3,465.78 $7,509.18 $90,110.18 STEP B $45.48 $3,638.77 $7,884.00 $94,607.97 STEP C $47.77 $3,821.94 $8,280.86 $99,370.34 STEP D $50.16 $4,012.74 $8,694.26 $104,331.14 STEP E $52.66 $4,212.86 $9,127.87 $109,534.46 ASSISTANT PLANNER STEP A $35.46 $2,836.56 $6,145.88 $73,750.56 STEP B $37.24 $2,979.02 $6,454.55 $77,454.62 STEP C $39.09 $3,127.42 $6,776.09 $81,313.02 STEP D $41.04 $3,283.46 $7,114.15 $85,369.86 STEP E $43.09 $3,447.12 $7,468.76 $89,625.12 ASSISTANT TREE TRIMMER STEP A $25.29 $2,023.33 $4,383.88 $52,606.53 STEP B $26.57 $2,125.94 $4,606.19 $55,274.34 STEP C $27.90 $2,231.94 $4,835.86 $58,030.34 STEP D $29.29 $2,343.02 $5,076.55 $60,918.62 STEP E $30.76 $2,460.90 $5,331.94 $63,983.30 ASSOCIATE ENGINEER-CIVIL STEP A $48.86 $3,908.43 $8,468.27 $101,619.23 STEP B $51.30 $4,104.32 $8,892.69 $106,712.32 STEP C $53.86 $4,308.69 $9,335.49 $112,025.89 STEP D $56.56 $4,524.93 $9,804.01 $117,648.13 STEP E $59.39 $4,751.34 $10,294.58 $123,534.94 ASSOCIATE PLANNER STEP A $39.17 $3,133.36 $6,788.95 $81,467.36 STEP B $41.15 $3,291.94 $7,132.53 $85,590.34 STEP C $43.20 $3,455.60 $7,487.13 $89,845.60 STEP D $45.35 $3,627.74 $7,860.11 $94,321.34 STEP E $47.62 $3,809.22 $8,253.30 $99,039.62 6% SALARY INCREASE 2 OF 18Page 165 of 546 CITY OF NATIONAL CITY NCMEA SALARY SCHEDULE EFFECTIVE JANUARY 7, 2025 TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL BUILDING INSPECTOR STEP A $35.97 $2,877.26 $6,234.07 $74,808.86 STEP B $37.77 $3,021.42 $6,546.42 $78,557.02 STEP C $39.64 $3,171.52 $6,871.63 $82,459.52 STEP D $41.63 $3,330.10 $7,215.21 $86,582.50 STEP E $43.70 $3,496.30 $7,575.33 $90,903.90 BUILDING INSPECTOR/ PLAN CHECKER STEP A $38.18 $3,054.50 $6,618.07 $79,416.90 STEP B $40.09 $3,207.14 $6,948.79 $83,385.54 STEP C $42.09 $3,367.41 $7,296.05 $87,552.61 STEP D $44.19 $3,535.31 $7,659.84 $91,918.11 STEP E $46.41 $3,712.54 $8,043.85 $96,526.14 BUILDING TRADE SPECIALIST STEP A $29.14 $2,331.15 $5,050.83 $60,609.95 STEP B $30.59 $2,447.33 $5,302.54 $63,630.53 STEP C $32.13 $2,570.29 $5,568.96 $66,827.49 STEP D $33.73 $2,698.34 $5,846.39 $70,156.74 STEP E $35.41 $2,833.17 $6,138.53 $73,662.37 BUYER STEP A $32.40 $2,592.34 $5,616.73 $67,400.74 STEP B $34.02 $2,721.23 $5,896.00 $70,752.03 STEP C $35.73 $2,858.61 $6,193.65 $74,323.81 STEP D $37.52 $3,001.92 $6,504.16 $78,049.92 STEP E $39.40 $3,152.02 $6,829.37 $81,952.42 CARPENTER STEP A $28.38 $2,270.10 $4,918.54 $59,022.50 STEP B $29.80 $2,383.73 $5,164.74 $61,976.93 STEP C $31.28 $2,502.45 $5,421.97 $65,063.65 STEP D $32.85 $2,627.95 $5,693.90 $68,326.75 STEP E $34.48 $2,758.54 $5,976.85 $71,722.14 CIVIL ENGINEERING TECHNICIAN STEP A $32.72 $2,617.78 $5,671.85 $68,062.18 STEP B $34.35 $2,748.37 $5,954.80 $71,457.57 STEP C $36.07 $2,885.74 $6,252.45 $75,029.34 STEP D $37.88 $3,030.75 $6,566.63 $78,799.55 STEP E $39.77 $3,181.70 $6,893.67 $82,724.10 CODE CONFORMANCE OFFICER I STEP A $30.03 $2,402.38 $5,205.17 $62,461.98 STEP B $31.54 $2,522.80 $5,466.07 $65,592.80 STEP C $33.11 $2,649.15 $5,739.83 $68,877.95 STEP D $34.77 $2,781.44 $6,026.45 $72,317.44 STEP E $36.51 $2,920.51 $6,327.78 $75,933.31 6% SALARY INCREASE 3 OF 18Page 166 of 546 CITY OF NATIONAL CITY NCMEA SALARY SCHEDULE EFFECTIVE JANUARY 7, 2025 TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL CODE CONFORMANCE OFFICER I - PT STEP A $30.03 $2,402.38 $5,205.17 $62,461.98 STEP B $31.54 $2,522.80 $5,466.07 $65,592.80 STEP C $33.11 $2,649.15 $5,739.83 $68,877.95 STEP D $34.77 $2,781.44 $6,026.45 $72,317.44 STEP E $36.51 $2,920.51 $6,327.78 $75,933.31 CODE CONFORMANCE OFFICER II STEP A $32.94 $2,635.58 $5,710.43 $68,525.18 STEP B $34.59 $2,767.02 $5,995.22 $71,942.62 STEP C $36.31 $2,904.40 $6,292.87 $75,514.40 STEP D $38.13 $3,050.26 $6,608.89 $79,306.66 STEP E $40.04 $3,202.90 $6,939.61 $83,275.30 CODE CONFORMANCE OFFICER II - PT STEP A $32.94 $2,635.58 $5,710.43 $68,525.18 STEP B $34.59 $2,767.02 $5,995.22 $71,942.62 STEP C $36.31 $2,904.40 $6,292.87 $75,514.40 STEP D $38.13 $3,050.26 $6,608.89 $79,306.66 STEP E $40.04 $3,202.90 $6,939.61 $83,275.30 COMMUNITY DEVELOPMENT SPECIALIST I STEP A $32.12 $2,569.44 $5,567.12 $66,805.44 STEP B $33.73 $2,698.34 $5,846.39 $70,156.74 STEP C $35.40 $2,832.32 $6,136.69 $73,640.32 STEP D $37.17 $2,973.94 $6,443.53 $77,322.34 STEP E $39.03 $3,122.34 $6,765.06 $81,180.74 COMMUNITY DEVELOPMENT SPECIALIST II STEP A $35.48 $2,838.35 $6,149.76 $73,797.14 STEP B $37.27 $2,981.31 $6,459.51 $77,514.08 STEP C $39.12 $3,129.95 $6,781.56 $81,378.71 STEP D $41.08 $3,286.16 $7,120.02 $85,440.26 STEP E $43.12 $3,449.95 $7,474.89 $89,698.73 COMMUNITY SERVICES OFFICER STEP A $25.65 $2,052.01 $4,446.02 $53,352.21 STEP B $26.94 $2,155.11 $4,669.41 $56,032.93 STEP C $28.28 $2,262.70 $4,902.52 $58,830.21 STEP D $29.70 $2,375.89 $5,147.76 $61,773.18 STEP E $31.18 $2,494.69 $5,405.15 $64,861.83 CONSTRUCTION INSPECTOR STEP A $34.76 $2,780.59 $6,024.62 $72,295.39 STEP B $36.49 $2,918.82 $6,324.10 $75,889.22 STEP C $38.31 $3,064.67 $6,640.12 $79,681.47 STEP D $40.23 $3,218.16 $6,972.68 $83,672.16 STEP E $42.24 $3,379.28 $7,321.77 $87,861.28 6% SALARY INCREASE 4 OF 18Page 167 of 546 CITY OF NATIONAL CITY NCMEA SALARY SCHEDULE EFFECTIVE JANUARY 7, 2025 TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL CRIME & INTELLIGENCE ANALYST STEP A $36.86 $2,948.50 $6,388.41 $76,660.90 STEP B $38.70 $3,096.05 $6,708.10 $80,497.25 STEP C $40.64 $3,251.23 $7,044.34 $84,532.03 STEP D $42.67 $3,413.20 $7,395.27 $88,743.20 STEP E $44.80 $3,583.65 $7,764.57 $93,174.85 CRIME ANALYST STEP A $34.73 $2,778.05 $6,019.10 $72,229.25 STEP B $36.46 $2,917.12 $6,320.43 $75,845.12 STEP C $38.29 $3,062.98 $6,636.45 $79,637.38 STEP D $39.73 $3,178.30 $6,886.33 $82,635.90 STEP E $42.21 $3,376.74 $7,316.26 $87,795.14 CRIME SCENE SPECIALIST STEP A $32.73 $2,618.62 $5,673.69 $68,084.22 STEP B $34.37 $2,749.22 $5,956.63 $71,479.62 STEP C $36.08 $2,886.59 $6,254.28 $75,051.39 STEP D $37.88 $3,030.75 $6,566.63 $78,799.55 STEP E $39.78 $3,182.54 $6,895.51 $82,746.14 CUSTODIAN STEP A $19.11 $1,528.94 $3,312.71 $39,752.54 STEP B $20.07 $1,605.26 $3,478.07 $41,736.86 STEP C $21.08 $1,686.67 $3,654.46 $43,853.47 STEP D $22.13 $1,770.62 $3,836.35 $46,036.22 STEP E $23.24 $1,858.82 $4,027.43 $48,329.22 DISHWASHER - PT STEP A $17.50 $1,400.05 $3,033.44 $36,401.25 STEP B $18.38 $1,470.43 $3,185.94 $38,231.23 STEP C $19.30 $1,544.21 $3,345.78 $40,149.41 STEP D $20.28 $1,622.22 $3,514.82 $42,177.82 STEP E $21.30 $1,703.63 $3,691.20 $44,294.43 ELECTRICIAN STEP A $31.49 $2,519.41 $5,458.72 $65,504.61 STEP B $33.07 $2,645.76 $5,732.48 $68,789.76 STEP C $34.72 $2,777.20 $6,017.27 $72,207.20 STEP D $36.45 $2,916.27 $6,318.59 $75,823.07 STEP E $38.28 $3,062.13 $6,634.61 $79,615.33 EQUIPMENT MECHANIC I STEP A $28.19 $2,254.83 $4,885.47 $58,625.63 STEP B $29.60 $2,367.62 $5,129.83 $61,558.02 STEP C $31.08 $2,486.34 $5,387.06 $64,644.74 STEP D $32.63 $2,610.14 $5,655.31 $67,863.74 STEP E $34.26 $2,740.74 $5,938.26 $71,259.14 6% SALARY INCREASE 5 OF 18Page 168 of 546 CITY OF NATIONAL CITY NCMEA SALARY SCHEDULE EFFECTIVE JANUARY 7, 2025 TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL EQUIPMENT MECHANIC II STEP A $30.96 $2,477.01 $5,366.85 $64,402.21 STEP B $32.52 $2,601.66 $5,636.94 $67,643.26 STEP C $34.13 $2,730.56 $5,916.21 $70,994.56 STEP D $35.85 $2,867.94 $6,213.86 $74,566.34 STEP E $37.65 $3,012.10 $6,526.21 $78,314.50 EQUIPMENT OPERATOR STEP A $27.27 $2,181.90 $4,727.46 $56,729.50 STEP B $28.63 $2,290.45 $4,962.64 $59,551.65 STEP C $30.06 $2,404.93 $5,210.68 $62,528.13 STEP D $31.57 $2,525.34 $5,471.58 $65,658.94 STEP E $33.16 $2,652.54 $5,747.18 $68,966.14 EXECUTIVE CHEF STEP A $24.45 $1,956.34 $4,238.73 $50,864.74 STEP B $25.67 $2,053.86 $4,450.02 $53,400.26 STEP C $26.96 $2,156.46 $4,672.34 $56,068.06 STEP D $28.31 $2,265.01 $4,907.52 $58,890.21 STEP E $29.72 $2,377.79 $5,151.88 $61,822.59 EXECUTIVE SECRETARY STEP A $28.03 $2,242.11 $4,857.91 $58,294.91 STEP B $29.43 $2,354.05 $5,100.44 $61,205.25 STEP C $30.89 $2,471.07 $5,353.99 $64,247.87 STEP D $32.44 $2,594.88 $5,622.24 $67,466.88 STEP E $34.06 $2,724.62 $5,903.35 $70,840.22 FIRE INSPECTOR I STEP A $35.05 $2,804.34 $6,076.06 $72,912.74 STEP B $36.81 $2,945.10 $6,381.06 $76,572.70 STEP C $38.65 $3,091.81 $6,698.92 $80,387.01 STEP D $40.59 $3,246.99 $7,035.15 $84,421.79 STEP E $42.61 $3,408.96 $7,386.08 $88,632.96 FIRE INSPECTOR II STEP A $37.82 $3,025.66 $6,555.61 $78,667.26 STEP B $39.72 $3,177.46 $6,884.49 $82,613.86 STEP C $41.69 $3,335.18 $7,226.23 $86,714.78 STEP D $43.78 $3,502.24 $7,588.19 $91,058.24 STEP E $45.97 $3,677.78 $7,968.51 $95,622.18 FOOD SERVICES WORKER STEP A $19.30 $1,544.21 $3,345.78 $40,149.41 STEP B $20.11 $1,608.66 $3,485.42 $41,825.06 STEP C $20.96 $1,676.50 $3,632.41 $43,588.90 STEP D $21.85 $1,747.73 $3,786.74 $45,440.93 STEP E $22.78 $1,822.35 $3,948.43 $47,381.15 6% SALARY INCREASE 6 OF 18Page 169 of 546 CITY OF NATIONAL CITY NCMEA SALARY SCHEDULE EFFECTIVE JANUARY 7, 2025 TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL FOOD SERVICES WORKER - PT STEP A $19.30 $1,544.21 $3,345.78 $40,149.41 STEP B $20.11 $1,608.66 $3,485.42 $41,825.06 STEP C $20.96 $1,676.50 $3,632.41 $43,588.90 STEP D $21.85 $1,747.73 $3,786.74 $45,440.93 STEP E $22.78 $1,822.35 $3,948.43 $47,381.15 GRAFFITI REMOVAL ASSISTANT STEP A $23.42 $1,873.23 $4,058.67 $48,704.03 STEP B $24.58 $1,966.51 $4,260.78 $51,129.31 STEP C $25.81 $2,064.88 $4,473.91 $53,686.88 STEP D $27.10 $2,168.34 $4,698.06 $56,376.74 STEP E $28.46 $2,276.88 $4,933.24 $59,198.88 GRAFFITI REMOVAL TECHNICIAN STEP A $27.67 $2,213.28 $4,795.44 $57,545.28 STEP B $29.05 $2,324.37 $5,036.13 $60,433.57 STEP C $30.50 $2,439.70 $5,286.01 $63,432.10 STEP D $32.03 $2,562.66 $5,552.42 $66,629.06 STEP E $33.63 $2,690.70 $5,829.86 $69,958.30 HOME DELIVERED MEAL COORDINATOR STEP A $19.91 $1,592.54 $3,450.51 $41,406.14 STEP B $20.90 $1,672.26 $3,623.22 $43,478.66 STEP C $21.94 $1,755.36 $3,803.28 $45,639.36 STEP D $23.03 $1,842.70 $3,992.53 $47,910.30 STEP E $24.19 $1,935.14 $4,192.79 $50,313.54 HOME DELIVERED MEAL DRIVER STEP A $19.60 $1,567.95 $3,397.23 $40,766.75 STEP B $20.56 $1,645.12 $3,564.43 $42,773.12 STEP C $21.60 $1,728.22 $3,744.49 $44,933.82 STEP D $22.68 $1,814.72 $3,931.89 $47,182.72 STEP E $23.81 $1,904.61 $4,126.65 $49,519.81 HOUSING ASSISTANT STEP A $24.68 $1,974.14 $4,277.31 $51,327.74 STEP B $25.93 $2,074.21 $4,494.12 $53,929.41 STEP C $27.21 $2,176.82 $4,716.43 $56,597.22 STEP D $28.57 $2,285.36 $4,951.61 $59,419.36 STEP E $30.01 $2,400.69 $5,201.49 $62,417.89 HOUSING INSPECTOR I STEP A $32.23 $2,578.77 $5,587.33 $67,047.97 STEP B $33.85 $2,707.66 $5,866.61 $70,399.26 STEP C $35.54 $2,843.34 $6,160.58 $73,926.94 STEP D $37.31 $2,984.96 $6,467.41 $77,608.96 STEP E $39.18 $3,134.21 $6,790.78 $81,489.41 6% SALARY INCREASE 7 OF 18Page 170 of 546 CITY OF NATIONAL CITY NCMEA SALARY SCHEDULE EFFECTIVE JANUARY 7, 2025 TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL HOUSING INSPECTOR II STEP A $35.34 $2,827.23 $6,125.67 $73,508.03 STEP B $37.10 $2,968.00 $6,430.67 $77,168.00 STEP C $38.96 $3,116.40 $6,752.20 $81,026.40 STEP D $40.91 $3,272.43 $7,090.27 $85,083.23 STEP E $42.95 $3,436.10 $7,444.87 $89,338.50 HOUSING SPECIALIST STEP A $36.07 $2,885.74 $6,252.45 $75,029.34 STEP B $37.87 $3,029.90 $6,564.79 $78,777.50 STEP C $39.77 $3,181.70 $6,893.67 $82,724.10 STEP D $41.75 $3,340.27 $7,237.26 $86,847.07 STEP E $43.84 $3,507.33 $7,599.21 $91,190.53 JUNIOR ENGINEER-CIVIL STEP A $36.99 $2,959.52 $6,412.29 $76,947.52 STEP B $38.84 $3,107.07 $6,731.99 $80,783.87 STEP C $40.80 $3,263.95 $7,071.90 $84,862.75 STEP D $42.82 $3,425.92 $7,422.83 $89,073.92 STEP E $44.97 $3,597.22 $7,793.97 $93,527.62 LEAD EQUIPMENT MECHANIC STEP A $33.89 $2,711.06 $5,873.95 $70,487.46 STEP B $35.61 $2,848.43 $6,171.60 $74,059.23 STEP C $37.38 $2,990.05 $6,478.44 $77,741.25 STEP D $39.24 $3,139.30 $6,801.81 $81,621.70 STEP E $41.21 $3,297.02 $7,143.55 $85,722.62 LEAD HAZARD CONTROL PROGRAM CASE MANAGER STEP A $30.89 $2,471.07 $5,353.99 $64,247.87 STEP B $32.44 $2,594.88 $5,622.24 $67,466.88 STEP C $34.05 $2,723.78 $5,901.51 $70,818.18 STEP D $35.75 $2,860.30 $6,197.33 $74,367.90 STEP E $37.56 $3,004.46 $6,509.67 $78,116.06 LEAD HAZARD CONTROL PROGRAM COORDINATOR STEP A $33.80 $2,704.27 $5,859.26 $70,311.07 STEP B $35.51 $2,840.80 $6,155.07 $73,860.80 STEP C $37.28 $2,982.42 $6,461.90 $77,542.82 STEP D $39.15 $3,131.66 $6,785.27 $81,423.26 STEP E $41.11 $3,288.54 $7,125.18 $85,502.14 LEAD HOUSING INSPECTOR STEP A $31.96 $2,556.72 $5,539.56 $66,474.72 STEP B $33.56 $2,684.77 $5,817.00 $69,803.97 STEP C $35.22 $2,817.90 $6,105.46 $73,265.50 STEP D $36.98 $2,958.67 $6,410.46 $76,925.47 STEP E $38.85 $3,107.92 $6,733.83 $80,805.92 6% SALARY INCREASE 8 OF 18Page 171 of 546 CITY OF NATIONAL CITY NCMEA SALARY SCHEDULE EFFECTIVE JANUARY 7, 2025 TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL LEAD RISK INSPECTOR/ASSESSOR STEP A $31.96 $2,556.72 $5,539.56 $66,474.72 STEP B $33.56 $2,684.77 $5,817.00 $69,803.97 STEP C $35.22 $2,817.90 $6,105.46 $73,265.50 STEP D $36.98 $2,958.67 $6,410.46 $76,925.47 STEP E $38.85 $3,107.92 $6,733.83 $80,805.92 LEAD SAMPLING TECHNICIAN STEP A $24.96 $1,997.04 $4,326.92 $51,923.04 STEP B $26.20 $2,096.26 $4,541.89 $54,502.66 STEP C $27.51 $2,200.56 $4,767.88 $57,214.56 STEP D $28.90 $2,311.65 $5,008.57 $60,102.85 STEP E $30.34 $2,426.98 $5,258.45 $63,101.38 LEAD TREE TRIMMER STEP A $27.85 $2,227.70 $4,826.67 $57,920.10 STEP B $29.25 $2,339.63 $5,069.20 $60,830.43 STEP C $30.70 $2,455.81 $5,320.92 $63,851.01 STEP D $32.25 $2,579.62 $5,589.17 $67,070.02 STEP E $33.85 $2,707.66 $5,866.61 $70,399.26 LIBRARIAN STEP A $34.28 $2,742.43 $5,941.94 $71,303.23 STEP B $36.00 $2,879.81 $6,239.58 $74,875.01 STEP C $37.80 $3,023.97 $6,551.93 $78,623.17 STEP D $39.68 $3,174.06 $6,877.14 $82,525.66 STEP E $41.66 $3,332.64 $7,220.72 $86,648.64 LIBRARIAN - PT STEP A $34.28 $2,742.43 $5,941.94 $71,303.23 STEP B $36.00 $2,879.81 $6,239.58 $74,875.01 STEP C $37.80 $3,023.97 $6,551.93 $78,623.17 STEP D $39.68 $3,174.06 $6,877.14 $82,525.66 STEP E $41.66 $3,332.64 $7,220.72 $86,648.64 LIBRARY AIDE - PT STEP A $17.50 $1,400.05 $3,033.44 $36,401.25 STEP B $18.38 $1,470.43 $3,185.94 $38,231.23 STEP C $19.30 $1,544.21 $3,345.78 $40,149.41 STEP D $20.28 $1,622.22 $3,514.82 $42,177.82 STEP E $21.30 $1,703.63 $3,691.20 $44,294.43 LIBRARY ASSISTANT STEP A $20.72 $1,657.84 $3,591.99 $43,103.84 STEP B $21.76 $1,740.94 $3,772.05 $45,264.54 STEP C $22.84 $1,827.44 $3,959.45 $47,513.44 STEP D $23.99 $1,919.02 $4,157.89 $49,894.62 STEP E $25.19 $2,014.85 $4,365.50 $52,386.05 6% SALARY INCREASE 9 OF 18Page 172 of 546 CITY OF NATIONAL CITY NCMEA SALARY SCHEDULE EFFECTIVE JANUARY 7, 2025 TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL LIBRARY ASSISTANT - PT STEP A $20.72 $1,657.84 $3,591.99 $43,103.84 STEP B $21.76 $1,740.94 $3,772.05 $45,264.54 STEP C $22.84 $1,827.44 $3,959.45 $47,513.44 STEP D $23.99 $1,919.02 $4,157.89 $49,894.62 STEP E $25.19 $2,014.85 $4,365.50 $52,386.05 LIBRARY CIRCULATION SUPERVISOR STEP A $29.83 $2,386.27 $5,170.26 $62,043.07 STEP B $31.31 $2,504.99 $5,427.48 $65,129.79 STEP C $32.88 $2,630.50 $5,699.41 $68,392.90 STEP D $34.52 $2,761.94 $5,984.19 $71,810.34 STEP E $36.25 $2,900.16 $6,283.68 $75,404.16 LIBRARY TECHNICIAN STEP A $25.06 $2,004.67 $4,343.46 $52,121.47 STEP B $26.31 $2,104.74 $4,560.26 $54,723.14 STEP C $27.62 $2,209.89 $4,788.09 $57,457.09 STEP D $29.01 $2,320.98 $5,028.78 $60,345.38 STEP E $30.44 $2,435.46 $5,276.82 $63,321.86 LIBRARY TECHNICIAN - PT STEP A $25.06 $2,004.67 $4,343.46 $52,121.47 STEP B $26.31 $2,104.74 $4,560.26 $54,723.14 STEP C $27.62 $2,209.89 $4,788.09 $57,457.09 STEP D $29.01 $2,320.98 $5,028.78 $60,345.38 STEP E $30.44 $2,435.46 $5,276.82 $63,321.86 MANAGEMENT ANALYST TRAINEE STEP A $27.99 $2,239.57 $4,852.40 $58,228.77 STEP B $29.39 $2,351.50 $5,094.93 $61,139.10 STEP C $30.86 $2,468.53 $5,348.48 $64,181.73 STEP D $32.39 $2,591.49 $5,614.89 $67,378.69 STEP E $34.03 $2,722.08 $5,897.84 $70,774.08 MAINTENANCE WORKER STEP A $23.42 $1,873.23 $4,058.67 $48,704.03 STEP B $24.58 $1,966.51 $4,260.78 $51,129.31 STEP C $25.81 $2,064.88 $4,473.91 $53,686.88 STEP D $27.10 $2,168.34 $4,698.06 $56,376.74 STEP E $28.46 $2,276.88 $4,933.24 $59,198.88 NEIGHBORHOOD COUNCIL SPECIALIST STEP A $28.48 $2,278.58 $4,936.91 $59,242.98 STEP B $29.90 $2,392.21 $5,183.12 $62,197.41 STEP C $31.39 $2,510.93 $5,440.34 $65,284.13 STEP D $32.97 $2,637.28 $5,714.11 $68,569.28 STEP E $34.62 $2,769.57 $6,000.73 $72,008.77 6% SALARY INCREASE 10 OF 18Page 173 of 546 CITY OF NATIONAL CITY NCMEA SALARY SCHEDULE EFFECTIVE JANUARY 7, 2025 TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL NUTRITION SERVICES SUPERVISOR STEP A $33.01 $2,640.67 $5,721.46 $68,657.47 STEP B $34.65 $2,772.11 $6,006.24 $72,074.91 STEP C $36.39 $2,911.18 $6,307.57 $75,690.78 STEP D $38.20 $3,056.19 $6,621.75 $79,460.99 STEP E $40.12 $3,209.68 $6,954.31 $83,451.68 OFFICE ASSISTANT STEP A $20.62 $1,649.36 $3,573.61 $42,883.36 STEP B $21.68 $1,734.16 $3,757.35 $45,088.16 STEP C $22.74 $1,818.96 $3,941.08 $47,292.96 STEP D $23.88 $1,910.54 $4,139.51 $49,674.14 STEP E $25.07 $2,005.52 $4,345.29 $52,143.52 PARK CARETAKER STEP A $23.07 $1,845.25 $3,998.04 $47,976.45 STEP B $24.23 $1,938.53 $4,200.14 $50,401.73 STEP C $25.44 $2,035.20 $4,409.60 $52,915.20 STEP D $26.71 $2,136.96 $4,630.08 $55,560.96 STEP E $28.05 $2,243.81 $4,861.58 $58,339.01 PARK SUPERVISOR STEP A $36.67 $2,933.23 $6,355.34 $76,264.03 STEP B $38.50 $3,079.94 $6,673.19 $80,078.34 STEP C $40.43 $3,234.27 $7,007.59 $84,091.07 STEP D $42.45 $3,396.24 $7,358.52 $88,302.24 STEP E $44.57 $3,565.84 $7,725.99 $92,711.84 PARKING REGULATIONS OFFICER STEP A $25.90 $2,071.66 $4,488.61 $53,863.26 STEP B $27.20 $2,175.97 $4,714.60 $56,575.17 STEP C $28.56 $2,284.51 $4,949.78 $59,397.31 STEP D $30.00 $2,399.84 $5,199.65 $62,395.84 STEP E $31.49 $2,519.41 $5,458.72 $65,504.61 PARKS EQUIPMENT OPERATOR STEP A $26.83 $2,146.29 $4,650.29 $55,803.49 STEP B $28.17 $2,253.98 $4,883.63 $58,603.58 STEP C $29.57 $2,365.92 $5,126.16 $61,513.92 STEP D $31.06 $2,484.64 $5,383.39 $64,600.64 STEP E $32.62 $2,609.30 $5,653.47 $67,841.70 PERMIT TECHNICIAN STEP A $28.08 $2,246.35 $4,867.10 $58,405.15 STEP B $29.48 $2,358.29 $5,109.62 $61,315.49 STEP C $30.95 $2,476.16 $5,365.01 $64,380.16 STEP D $32.50 $2,599.97 $5,633.26 $67,599.17 STEP E $34.13 $2,730.56 $5,916.21 $70,994.56 6% SALARY INCREASE 11 OF 18Page 174 of 546 CITY OF NATIONAL CITY NCMEA SALARY SCHEDULE EFFECTIVE JANUARY 7, 2025 TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL PLANNING TECHNICIAN STEP A $28.03 $2,242.11 $4,857.91 $58,294.91 STEP B $29.43 $2,354.05 $5,100.44 $61,205.25 STEP C $30.90 $2,471.92 $5,355.83 $64,269.92 STEP D $32.44 $2,594.88 $5,622.24 $67,466.88 STEP E $34.07 $2,725.47 $5,905.19 $70,862.27 PLANS EXAMINER STEP A $44.22 $3,537.86 $7,665.35 $91,984.26 STEP B $46.44 $3,715.09 $8,049.36 $96,592.29 STEP C $48.75 $3,899.95 $8,449.90 $101,398.75 STEP D $51.20 $4,095.84 $8,874.32 $106,491.84 STEP E $53.76 $4,301.06 $9,318.95 $111,827.46 PLUMBER STEP A $29.19 $2,335.39 $5,060.02 $60,720.19 STEP B $30.64 $2,451.57 $5,311.73 $63,740.77 STEP C $32.18 $2,574.53 $5,578.14 $66,937.73 STEP D $33.80 $2,704.27 $5,859.26 $70,311.07 STEP E $35.48 $2,838.26 $6,149.55 $73,794.66 POLICE DISPATCH SUPERVISOR STEP A $42.86 $3,428.46 $7,428.34 $89,140.06 STEP B $45.01 $3,600.61 $7,801.32 $93,615.81 STEP C $47.25 $3,780.38 $8,190.83 $98,289.98 STEP D $49.63 $3,970.34 $8,602.39 $103,228.74 STEP E $52.10 $4,167.92 $9,030.49 $108,365.92 POLICE DISPATCHER STEP A $33.72 $2,697.49 $5,844.56 $70,134.69 STEP B $35.39 $2,831.47 $6,134.86 $73,618.27 STEP C $37.16 $2,973.09 $6,441.69 $77,300.29 STEP D $39.03 $3,122.34 $6,765.06 $81,180.74 STEP E $40.98 $3,278.37 $7,103.13 $85,237.57 POLICE INVESTIGATIVE AIDE STEP A $29.54 $2,363.38 $5,120.65 $61,447.78 STEP B $31.02 $2,481.25 $5,376.04 $64,512.45 STEP C $32.56 $2,605.06 $5,644.29 $67,731.46 STEP D $34.20 $2,735.65 $5,927.24 $71,126.85 STEP E $35.90 $2,872.18 $6,223.05 $74,676.58 POLICE INVESTIGATOR (NON-SWORN)STEP A $32.61 $2,608.45 $5,651.64 $67,819.65 STEP B $34.24 $2,739.04 $5,934.59 $71,215.04 STEP C $35.94 $2,875.57 $6,230.40 $74,764.77 STEP D $37.74 $3,018.88 $6,540.91 $78,490.88 STEP E $39.62 $3,169.82 $6,867.95 $82,415.42 6% SALARY INCREASE 12 OF 18Page 175 of 546 CITY OF NATIONAL CITY NCMEA SALARY SCHEDULE EFFECTIVE JANUARY 7, 2025 TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL POLICE INVESTIGATOR - PT (NON- SWORN)STEP A $32.61 $2,608.45 $5,651.64 $67,819.65 STEP B $34.24 $2,739.04 $5,934.59 $71,215.04 STEP C $35.94 $2,875.57 $6,230.40 $74,764.77 STEP D $37.74 $3,018.88 $6,540.91 $78,490.88 STEP E $39.62 $3,169.82 $6,867.95 $82,415.42 POLICE OPERATIONS ASSISTANT STEP A $28.42 $2,273.49 $4,925.89 $59,110.69 STEP B $29.84 $2,387.12 $5,172.09 $62,065.12 STEP C $31.32 $2,505.84 $5,429.32 $65,151.84 STEP D $32.90 $2,632.19 $5,703.08 $68,436.99 STEP E $34.53 $2,762.78 $5,986.03 $71,832.38 POLICE RECORDS CLERK STEP A $21.78 $1,742.64 $3,775.72 $45,308.64 STEP B $22.87 $1,829.98 $3,964.97 $47,579.58 STEP C $24.03 $1,922.42 $4,165.23 $49,982.82 STEP D $25.23 $2,018.24 $4,372.85 $52,474.24 STEP E $26.49 $2,119.15 $4,591.50 $55,097.95 POLICE RECORDS SUPERVISOR STEP A $31.21 $2,496.51 $5,409.11 $64,909.31 STEP B $32.75 $2,620.32 $5,677.36 $68,128.32 STEP C $34.39 $2,750.91 $5,960.31 $71,523.71 STEP D $36.11 $2,889.14 $6,259.79 $75,117.54 STEP E $37.93 $3,034.14 $6,573.98 $78,887.74 PROPERTY AGENT STEP A $36.60 $2,928.14 $6,344.31 $76,131.74 STEP B $38.45 $3,075.70 $6,664.01 $79,968.10 STEP C $40.36 $3,229.18 $6,996.57 $83,958.78 STEP D $42.37 $3,389.46 $7,343.82 $88,125.86 STEP E $44.49 $3,559.06 $7,711.29 $92,535.46 PROPERTY & EVIDENCE SPECIALIST I STEP A $23.53 $1,882.56 $4,078.88 $48,946.56 STEP B $24.71 $1,976.69 $4,282.82 $51,393.89 STEP C $25.95 $2,075.90 $4,497.79 $53,973.50 STEP D $27.24 $2,179.36 $4,721.95 $56,663.36 STEP E $28.61 $2,288.75 $4,958.96 $59,507.55 PROPERTY & EVIDENCE SPECIALIST I - PT STEP A $23.53 $1,882.56 $4,078.88 $48,946.56 STEP B $24.71 $1,976.69 $4,282.82 $51,393.89 STEP C $25.95 $2,075.90 $4,497.79 $53,973.50 STEP D $27.24 $2,179.36 $4,721.95 $56,663.36 STEP E $28.61 $2,288.75 $4,958.96 $59,507.55 6% SALARY INCREASE 13 OF 18Page 176 of 546 CITY OF NATIONAL CITY NCMEA SALARY SCHEDULE EFFECTIVE JANUARY 7, 2025 TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL PROPERTY & EVIDENCE SPECIALIST II STEP A $28.17 $2,253.98 $4,883.63 $58,603.58 STEP B $29.58 $2,366.77 $5,128.00 $61,535.97 STEP C $31.06 $2,484.64 $5,383.39 $64,600.64 STEP D $32.61 $2,608.45 $5,651.64 $67,819.65 STEP E $34.24 $2,739.04 $5,934.59 $71,215.04 PROPERTY & EVIDENCE UNIT SUPERVISOR STEP A $32.19 $2,575.38 $5,579.98 $66,959.78 STEP B $33.79 $2,703.42 $5,857.42 $70,289.02 STEP C $35.47 $2,837.41 $6,147.72 $73,772.61 STEP D $37.25 $2,979.87 $6,456.39 $77,476.67 STEP E $39.11 $3,129.12 $6,779.76 $81,357.12 PUBLIC WORKS CREW SUPERVISOR STEP A $41.52 $3,321.62 $7,196.83 $86,362.02 STEP B $43.59 $3,486.98 $7,555.11 $90,661.38 STEP C $45.77 $3,661.66 $7,933.61 $95,203.26 STEP D $48.06 $3,844.83 $8,330.47 $99,965.63 STEP E $50.47 $4,037.33 $8,747.54 $104,970.53 PURCHASING CLERK STEP A $23.57 $1,885.95 $4,086.23 $49,034.75 STEP B $24.75 $1,980.08 $4,290.17 $51,482.08 STEP C $25.98 $2,078.45 $4,503.30 $54,039.65 STEP D $27.30 $2,183.60 $4,731.13 $56,773.60 STEP E $28.65 $2,292.14 $4,966.31 $59,595.74 RECREATION AIDE - PT STEP A $17.50 $1,400.05 $3,033.44 $36,401.25 STEP B $18.38 $1,470.43 $3,185.94 $38,231.23 STEP C $19.30 $1,544.21 $3,345.78 $40,149.41 STEP D $20.28 $1,622.22 $3,514.82 $42,177.82 STEP E $21.30 $1,703.63 $3,691.20 $44,294.43 RECREATION CENTER SUPERVISOR STEP A $31.49 $2,519.41 $5,458.72 $65,504.61 STEP B $33.08 $2,646.61 $5,734.32 $68,811.81 STEP C $34.73 $2,778.05 $6,019.10 $72,229.25 STEP D $36.47 $2,917.97 $6,322.26 $75,867.17 STEP E $38.29 $3,062.98 $6,636.45 $79,637.38 RECREATION LEADER I - PT STEP A $17.65 $1,411.92 $3,059.16 $36,709.92 STEP B $18.54 $1,483.15 $3,213.50 $38,561.95 STEP C $19.47 $1,557.78 $3,375.18 $40,502.18 STEP D $20.45 $1,635.79 $3,544.22 $42,530.59 STEP E $21.48 $1,718.05 $3,722.44 $44,669.25 6% SALARY INCREASE 14 OF 18Page 177 of 546 CITY OF NATIONAL CITY NCMEA SALARY SCHEDULE EFFECTIVE JANUARY 7, 2025 TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL RECREATION LEADER II - PT STEP A $17.80 $1,423.79 $3,084.88 $37,018.59 STEP B $18.69 $1,495.02 $3,239.22 $38,870.62 STEP C $19.63 $1,570.50 $3,402.74 $40,832.90 STEP D $20.62 $1,649.36 $3,573.61 $42,883.36 STEP E $21.66 $1,732.46 $3,753.67 $45,044.06 RECREATION LEADER III - PT STEP A $17.95 $1,435.66 $3,110.61 $37,327.26 STEP B $18.85 $1,507.74 $3,266.78 $39,201.34 STEP C $19.79 $1,583.22 $3,430.30 $41,163.62 STEP D $20.79 $1,662.93 $3,603.01 $43,236.13 STEP E $21.84 $1,746.88 $3,784.91 $45,418.88 RECREATION SPECIALIST - PT STEP A $17.95 $1,435.66 $3,110.61 $37,327.26 STEP B $18.85 $1,507.74 $3,266.78 $39,201.34 STEP C $19.79 $1,583.22 $3,430.30 $41,163.62 STEP D $20.79 $1,662.93 $3,603.01 $43,236.13 STEP E $21.84 $1,746.88 $3,784.91 $45,418.88 RECREATION SUPERVISOR STEP A $33.43 $2,674.59 $5,794.95 $69,539.39 STEP B $35.11 $2,808.58 $6,085.25 $73,022.98 STEP C $36.86 $2,948.50 $6,388.41 $76,660.90 STEP D $38.70 $3,096.05 $6,708.10 $80,497.25 STEP E $40.63 $3,250.38 $7,042.50 $84,509.98 SENIOR ACCOUNTING ASSISTANT STEP A $28.76 $2,300.62 $4,984.69 $59,816.22 STEP B $30.19 $2,415.10 $5,232.73 $62,792.70 STEP C $31.70 $2,536.37 $5,495.46 $65,945.57 STEP D $33.31 $2,664.42 $5,772.90 $69,274.82 STEP E $34.96 $2,796.70 $6,059.53 $72,714.30 SENIOR BUILDING INSPECTOR STEP A $39.40 $3,152.02 $6,829.37 $81,952.42 STEP B $41.37 $3,309.74 $7,171.11 $86,053.34 STEP C $43.44 $3,475.10 $7,529.39 $90,352.70 STEP D $45.61 $3,648.94 $7,906.05 $94,872.54 STEP E $47.89 $3,831.26 $8,301.07 $99,612.86 SENIOR CIVIL ENGINEERING TECHNICIAN STEP A $36.16 $2,892.53 $6,267.14 $75,205.73 STEP B $37.97 $3,037.54 $6,581.33 $78,975.94 STEP C $39.87 $3,189.33 $6,910.21 $82,922.53 STEP D $41.37 $3,309.74 $7,171.11 $86,053.34 STEP E $43.95 $3,515.81 $7,617.58 $91,411.01 6% SALARY INCREASE 15 OF 18Page 178 of 546 CITY OF NATIONAL CITY NCMEA SALARY SCHEDULE EFFECTIVE JANUARY 7, 2025 TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL SENIOR CODE CONFORMANCE OFFICER STEP A $36.02 $2,881.50 $6,243.26 $74,919.10 STEP B $37.82 $3,025.66 $6,555.61 $78,667.26 STEP C $39.71 $3,176.61 $6,882.65 $82,591.81 STEP D $41.70 $3,336.03 $7,228.07 $86,736.83 STEP E $43.77 $3,501.39 $7,586.35 $91,036.19 SENIOR CONSTRUCTION INSPECTOR STEP A $39.79 $3,183.39 $6,897.35 $82,768.19 STEP B $41.77 $3,341.97 $7,240.93 $86,891.17 STEP C $43.86 $3,509.02 $7,602.89 $91,234.62 STEP D $46.06 $3,684.56 $7,983.21 $95,798.56 STEP E $48.37 $3,869.42 $8,383.75 $100,605.02 SENIOR EQUIPMENT OPERATOR STEP A $30.40 $2,432.06 $5,269.47 $63,233.66 STEP B $31.93 $2,554.18 $5,534.05 $66,408.58 STEP C $33.53 $2,682.22 $5,811.49 $69,737.82 STEP D $35.19 $2,815.36 $6,099.95 $73,199.36 STEP E $36.95 $2,956.13 $6,404.94 $76,859.33 SENIOR HOUSING SPECIALIST STEP A $39.53 $3,162.19 $6,851.42 $82,216.99 STEP B $41.49 $3,319.07 $7,191.32 $86,295.87 STEP C $43.57 $3,485.28 $7,551.44 $90,617.28 STEP D $45.74 $3,659.12 $7,928.09 $95,137.12 STEP E $48.04 $3,843.14 $8,326.79 $99,921.54 SENIOR LIBRARIAN STEP A $38.84 $3,107.07 $6,731.99 $80,783.87 STEP B $40.77 $3,261.41 $7,066.38 $84,796.61 STEP C $42.82 $3,425.92 $7,422.83 $89,073.92 STEP D $44.97 $3,597.22 $7,793.97 $93,527.62 STEP E $47.22 $3,777.84 $8,185.32 $98,223.84 SENIOR LIBRARY TECHNICIAN STEP A $26.37 $2,109.82 $4,571.29 $54,855.42 STEP B $27.69 $2,214.98 $4,799.11 $57,589.38 STEP C $29.09 $2,326.91 $5,041.64 $60,499.71 STEP D $30.55 $2,443.94 $5,295.19 $63,542.34 STEP E $32.07 $2,565.20 $5,557.93 $66,695.20 SENIOR OFFICE ASSISTANT STEP A $22.98 $1,838.46 $3,983.34 $47,800.06 STEP B $24.14 $1,930.90 $4,183.61 $50,203.30 STEP C $25.34 $2,027.57 $4,393.06 $52,716.77 STEP D $26.61 $2,128.48 $4,611.71 $55,340.48 STEP E $27.95 $2,236.18 $4,845.05 $58,140.58 6% SALARY INCREASE 16 OF 18Page 179 of 546 CITY OF NATIONAL CITY NCMEA SALARY SCHEDULE EFFECTIVE JANUARY 7, 2025 TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL SENIOR PARK CARETAKER STEP A $24.75 $1,980.08 $4,290.17 $51,482.08 STEP B $25.97 $2,077.60 $4,501.47 $54,017.60 STEP C $27.26 $2,181.06 $4,725.62 $56,707.46 STEP D $28.63 $2,290.45 $4,962.64 $59,551.65 STEP E $30.07 $2,405.78 $5,212.51 $62,550.18 SENIOR POLICE DISPATCHER STEP A $40.94 $3,274.98 $7,095.78 $85,149.38 STEP B $42.98 $3,438.64 $7,450.39 $89,404.64 STEP C $45.12 $3,609.94 $7,821.53 $93,858.34 STEP D $47.38 $3,790.56 $8,212.88 $98,554.56 STEP E $49.75 $3,979.66 $8,622.61 $103,471.26 SENIOR TRAFFIC PAINTER STEP A $28.97 $2,317.58 $5,021.43 $60,257.18 STEP B $30.41 $2,432.91 $5,271.31 $63,255.71 STEP C $31.93 $2,554.18 $5,534.05 $66,408.58 STEP D $33.53 $2,682.22 $5,811.49 $69,737.82 STEP E $35.21 $2,817.06 $6,103.62 $73,243.46 SOUS CHEF STEP A $20.97 $1,677.34 $3,634.25 $43,610.94 STEP B $22.02 $1,761.30 $3,816.14 $45,793.70 STEP C $23.12 $1,849.49 $4,007.22 $48,086.69 STEP D $24.27 $1,941.92 $4,207.49 $50,489.92 STEP E $25.48 $2,038.59 $4,416.95 $53,003.39 STORM WATER COMPLIANCE INSPECTOR STEP A $33.49 $2,678.83 $5,804.14 $69,649.63 STEP B $35.16 $2,812.82 $6,094.43 $73,133.22 STEP C $36.92 $2,953.58 $6,399.43 $76,793.18 STEP D $38.31 $3,064.67 $6,640.12 $79,681.47 STEP E $40.69 $3,255.47 $7,053.52 $84,642.27 STREET SWEEPER OPERATOR STEP A $27.30 $2,183.60 $4,731.13 $56,773.60 STEP B $28.66 $2,292.99 $4,968.15 $59,617.79 STEP C $30.08 $2,406.62 $5,214.35 $62,572.22 STEP D $31.60 $2,527.89 $5,477.09 $65,725.09 STEP E $33.18 $2,654.24 $5,750.85 $69,010.24 SUPERVISING CUSTODIAN STEP A $21.15 $1,691.76 $3,665.48 $43,985.76 STEP B $22.20 $1,775.71 $3,847.38 $46,168.51 STEP C $23.31 $1,864.75 $4,040.30 $48,483.55 STEP D $24.48 $1,958.03 $4,242.40 $50,908.83 STEP E $25.69 $2,055.55 $4,453.70 $53,444.35 6% SALARY INCREASE 17 OF 18Page 180 of 546 CITY OF NATIONAL CITY NCMEA SALARY SCHEDULE EFFECTIVE JANUARY 7, 2025 TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL TRAFFIC OFFICE COORDINATOR STEP A $28.10 $2,248.05 $4,870.77 $58,449.25 STEP B $29.50 $2,359.98 $5,113.30 $61,359.58 STEP C $30.97 $2,477.86 $5,368.69 $64,424.26 STEP D $32.53 $2,602.51 $5,638.78 $67,665.31 STEP E $34.16 $2,733.10 $5,921.73 $71,060.70 TRAFFIC PAINTER STEP A $26.11 $2,088.62 $4,525.35 $54,304.22 STEP B $27.42 $2,193.78 $4,753.18 $57,038.18 STEP C $28.79 $2,303.17 $4,990.20 $59,882.37 STEP D $30.22 $2,417.65 $5,238.24 $62,858.85 STEP E $31.75 $2,539.76 $5,502.81 $66,033.76 TRAINING COORDINATOR STEP A $27.71 $2,216.67 $4,802.79 $57,633.47 STEP B $29.10 $2,327.76 $5,043.48 $60,521.76 STEP C $30.56 $2,444.78 $5,297.03 $63,564.38 STEP D $32.09 $2,566.90 $5,561.61 $66,739.30 STEP E $33.69 $2,694.94 $5,839.05 $70,068.54 TREE TRIMMER STEP A $26.40 $2,112.37 $4,576.80 $54,921.57 STEP B $27.73 $2,218.37 $4,806.46 $57,677.57 STEP C $29.12 $2,329.46 $5,047.15 $60,565.86 STEP D $30.57 $2,445.63 $5,298.87 $63,586.43 STEP E $32.10 $2,567.74 $5,563.45 $66,761.34 WASTE WATER CREW CHIEF STEP A $31.78 $2,542.30 $5,508.33 $66,099.90 STEP B $33.37 $2,669.50 $5,783.93 $69,407.10 STEP C $35.03 $2,802.64 $6,072.39 $72,868.64 STEP D $36.79 $2,943.41 $6,377.38 $76,528.61 STEP E $38.64 $3,090.96 $6,697.08 $80,364.96 6% SALARY INCREASE 18 OF 18Page 181 of 546 1 12673479.1 NA040-036 Side Letter of Agreement Between the City of National City and National City Municipal Employees’ Association/Service Employees International Union, Local 221 Regarding Six (6) Month Extension to MOU WHEREAS, the City of National City (“CITY”) and the National City Municipal Employees’ Association/Service Employees International Union, Local 221 (“NCMEA/SEIU”) (collectively, the “Parties”) are parties to a Memorandum of Understanding (“MOU”) that is in effect from July 1, 2022 through December 31, 2024, and governs the wages, hours, and other terms and conditions of employment of the classifications represented by the NCMEA/SEIU; WHEREAS, the City and NCMEA/SEIU have agreed that the MOU expiration date shall be extended six (6) months from December 31, 2024 to June 30, 2025; WHEREAS, the City and NCMEA/SEIU have agreed to a six (6) percent increase in base salaries of the classifications represented by the NCMEA/SEIU, effective with the start of the first pay period beginning in January 2025; WHEREAS, the City and NCMEA/SEIU have agreed that part-time employees will be eligible to take the Bilingual Performance Evaluation administered by the Human Resources Department, but that part-time employees will not be eligible for bilingual differential pay until determined via upcoming negotiations between the parties. NOW, THEREFORE, the Parties agree to the following revisions to the MOU to further the intent of this side letter: Article 21, Section 1, titled “Classification and Base Wage Ranges”. Add the following paragraph after the existing first paragraph: Effective with the start of the first pay period beginning in January 2025 or the start of the first pay period beginning after the City Council and the NCMEA/SEIU membership ratify a side letter extending the term of this MOU to June 30, 2025, whichever is later, a six (6) percent base salary increase for all classifications subject to this MOU. This six (6) percent base salary increase will have the effect of moving the total compensation for these classifications closer to the median of the City’s comparator agencies described in Article 30 of this MOU, but shall not result in any additional Equity Wage Increases under Section 2 below. The six (6) percent base salary increase shall be reflected in the Salary Schedule attached to this MOU as Exhibit A. /// Article 25, Section 1, titled “Bilingual Pay” shall be modified to add the following as Page 182 of 546 2 12673479.1 NA040-036 the third paragraph: Beginning January 1, 2025, part-time employees shall be eligible to take and complete the Bilingual Performance Evaluation administered by the Human Resources Department, but shall not be eligible for a bilingual pay differential pay until determined via upcoming negotiations between the parties. Article 30, titled “Duration of Memorandum of Understanding”. The first two (2) paragraphs shall be replaced with the following: This MOU shall be effective January 1, 2022 and shall remain in full force and effect until June 30, 2025, with the terms continuing in effect thereafter, until a successor agreement is agreed to and approved, or impasse proceedings are completed. Both parties mutually agree to a good faith meet and confer process for the successor MOU by March 1, 2025, and strive to complete negotiations and have a successor MOU approved by June 30, 2025. Except as modified by this side letter, the MOU shall remain in full force and effect. This side letter will be of no force or effect until ratified by the City Council and the NCMEA/SEIU membership. CITY OF NATIONAL CITY NATIONAL CITY MUNICIPAL EMPLOYEES’ ASSOCIATION/ SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 221 ___________________________ ___________________________ Benjamin Martinez, City Karla Apalategui, President Manager ___________________________ ___________________________ Date Date ___________________________ Roslyn Cassidy, SEIU Representative ___________________________ Date Page 183 of 546 3 12673479.1 NA040-036 Page 184 of 546 AGENDA REPORT Department: Human Resources Prepared by: Lydia Flores-Hernandez, Human Resources Director Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Approval of a Side Letter Agreement Between the City of National City and the National City Fire Firefighters Association (FFA) and Approving the FFA Salary Schedule. RECOMMENDATION: Adopt the Resolution Entitled: “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute a Side Letter Agreement Between the City of National City and the National City Firefighters’ Association Extending the Memorandum of Understanding Between the Parties through June 30, 2025, and Increasing the Salaries of Covered Employees; Amending the FFA Salary Schedule to Reflect a Six Percent Increase in Base Salaries; and Authorizing the Establishment of Fiscal Year 2025 Budget Appropriations in the Amount of $224,925 in the General Fund to Fund the Stated Salaries.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The current labor agreement with the National City Firefighters Association (FFA) is set to expire on December 31, 2024. To foster positive labor relations and acknowledge the importance of collaboration with the Association, the City expressed interest in negotiating an extension of the existing contract. As a result, both parties reached a side letter agreement, which includes a 6% adjustment in base salaries effective the first full pay period of January 2025 and extends the term of the current Memorandum of Understanding (MOU) to June 30, 2025. FINANCIAL STATEMENT: Approval of this action will increase the Fiscal Year 2025 appropriations in the General Fund by $224,925. The ongoing fiscal impact to the General Fund is estimated to be $469,083. 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 EXHIBITS: Exhibit A - Resolution Exhibit B – FFA Salary Schedule effective January 7, 2025 Exhibit C – Signed Letter Agreement Page 185 of 546 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDE LETTER AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY FIREFIGHTERS’ ASSOCIATION EXTENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE PARTIES THROUGH JUNE 30, 2025 AND INCREASING THE SALARIES OF COVERED EMPLOYEES; AMENDING THE FFA SALARY SCHEDULE TO REFLECT A SIX PERCENT INCREASE IN BASE SALARIES; AND AUTHORIZING THE ESTABLISHMENT OF FISCAL YEAR 2025 BUDGET APPROPRIATIONS IN THE AMOUNT OF $224,925 IN THE GENERAL FUND TO FUND THE STATED SALARIES. WHEREAS, the City of National City (“City”) and the National City Firefighters’ Association (“FFA”) are parties to a Memorandum of Understanding (“MOU”) for the period of July 1, 2022 through December 31, 2024, which governs the wages, hours, and other terms and conditions of employment of the classifications represented by the FFA; and WHEREAS, the City and FFA have met and come to an agreement to extend the MOU six (6) months from December 31, 2024 to June 30, 2025 to allow additional time to negotiate a successor agreement to the MOU; and WHEREAS, the City and FFA have further agreed to a six percent (6%) increase in the base salaries of the classifications represented by the FFA, effective with the start of the first pay period in January 2025; and WHEREAS, City staff recommends that the City Council formalize the agreement between the City and FFA by approving a Side Letter Agreement (attached as Exhibit C) to the current MOU; and WHEREAS, in fiscal year 2025, additional budget appropriations in the amount of $224,925 are necessary to fund the increased salaries. 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 Side Letter Agreement to the current Memorandum of Understanding between the City of National City and the National City Firefighters’ Association (“MOU”) to extended the MOU six months, from December 31, 2024 to June 30, 2025, and increase the salaries of covered employees. The Side Letter Agreement is attached to the Agenda Report as Exhibit C. Section 2: That the City Council hereby authorizes the City Manager to execute said Side Letter Agreement. Section 3: That the City Council hereby authorizes the establishment of Fiscal Year 2025 budget appropriations in the amount of $224,925 in the General Fund. Section 4: That the City Council hereby authorizes the amendment to the FFA Salary Schedule as shown in Exhibit B, effective January 7, 2025. 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. Page 186 of 546 PASSED and ADOPTED this 3rd day of December, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 187 of 546 City of National City Firefighters Association Salary Schedule Effective January 7, 2025 Range Description Step 40-Hr Week Biweekly Monthly Annual 28/dy Pay Period 192 Shift 216 Shift 240 Shift Hourly = Annual/ 2912 F121 Firefighter Step A 38.46 3,076.54 6,665.85 79,990.14 6,153.09 32.05 28.49 25.64 27.47 Step B 40.38 3,230.03 6,998.40 83,980.83 6,460.06 33.65 29.91 26.92 28.84 Step C 42.40 3,392.00 7,349.33 88,192.00 6,784.00 35.33 31.41 28.27 30.29 Step D 44.52 3,561.60 7,716.80 92,601.60 7,123.20 37.10 32.98 29.68 31.80 Step E 46.75 3,739.68 8,102.64 97,231.68 7,479.36 38.96 34.63 31.16 33.39 F130 Fire Engineer Step A 44.31 3,544.64 7,680.05 92,160.64 7,089.28 36.92 32.82 29.54 31.65 Step B 46.53 3,722.72 8,065.89 96,790.72 7,445.44 38.78 34.47 31.02 33.24 Step C 48.86 3,908.43 8,468.27 101,619.23 7,816.86 40.71 36.19 32.57 34.90 Step D 51.29 4,103.47 8,890.86 106,690.27 8,206.94 42.74 38.00 34.20 36.64 Step E 53.86 4,308.69 9,335.49 112,025.89 8,617.38 44.88 39.90 35.91 38.47 F140 FIRE CAPTAIN Step A 51.12 4,089.90 8,861.46 106,337.50 8,179.81 42.60 37.87 34.08 36.52 Step B 53.69 4,295.12 9,306.09 111,673.12 8,590.24 44.74 39.77 35.79 38.35 Step C 56.37 4,509.66 9,770.94 117,251.26 9,019.33 46.98 41.76 37.58 40.26 Step D 59.19 4,735.23 10,259.67 123,116.03 9,470.46 49.33 43.84 39.46 42.28 Step E 62.15 4,971.82 10,772.29 129,267.42 9,943.65 51.79 46.04 41.43 44.39 F140 Deputy Fire Marshal Step A 51.12 4,089.90 8,861.46 106,337.50 8,179.81 42.60 37.87 34.08 36.52 Step B 53.69 4,295.12 9,306.09 111,673.12 8,590.24 44.74 39.77 35.79 38.35 Step C 56.37 4,509.66 9,770.94 117,251.26 9,019.33 46.98 41.76 37.58 40.26 Step D 59.19 4,735.23 10,259.67 123,116.03 9,470.46 49.33 43.84 39.46 42.28 Step E 62.15 4,971.82 10,772.29 129,267.42 9,943.65 51.79 46.04 41.43 44.39 F150 Fire Battallion Chief Step A 60.69 4,854.80 10,518.73 126,224.80 9,709.60 50.57 44.95 40.46 43.35 Step B 64.77 5,181.28 11,226.11 134,713.28 10,362.56 53.97 47.97 43.18 46.26 Step C 68.84 5,506.91 11,931.64 143,179.71 11,013.82 57.36 50.99 45.89 49.17 Step D 72.91 5,832.54 12,637.18 151,646.14 11,665.09 60.76 54.01 48.60 52.08 Step E 77.31 6,184.46 13,399.67 160,796.06 12,368.93 64.42 57.26 51.54 55.22 6% Salary Increase Page 188 of 546 1 12671669.1 NA040-035 Side Letter of Agreement Between the City of National City and The National City Firefighters’ Association Regarding Six (6) Month Extension to MOU WHEREAS, the City of National City (“CITY”) and the National City Firefighters’ Association (“NCFFA”) (collectively, the “Parties”) are parties to a Memorandum of Understanding (“MOU”) that is in effect from July 1, 2022 through December 31, 2024, and governs the wages, hours, and other terms and conditions of employment of the classifications represented by the NCFFA; WHEREAS, the City and NCFFA have agreed that the MOU expiration date shall be extended six (6) months from December 31, 2024 to June 30, 2025; WHEREAS, the City and NCFFA have agreed to a six (6) percent increase in base salaries of the classifications represented by the NCFFA, effective with the start of the first pay period beginning after ratification of this side letter by the City Council and NCFFA membership; NOW, THEREFORE, the Parties agree to the following revisions to the MOU to further the intent of this side letter: Article 22, Section 2, titled “Salary Increases” shall be replaced by the following: Effective with the start of the first pay period beginning after the City Council and the NCFFA membership ratify a side letter extending the term of this MOU to June 30, 2025, a six (6) percent base salary increase for all classifications subject to this MOU. This six (6) percent base salary increase will have the effect of moving the total compensation for these classifications closer to the average of the total compensation of the comparator agencies as described in Section 1 above. Article 34, titled “Terms of Provisions”. The first sentence shall be replaced with the following sentence: The provisions of this Memorandum of Understanding shall be effective and binding from January 1, 2022 through June 30, 2025. Docusign Envelope ID: 0BBD29AD-22D1-4F6F-9C48-3887D2FBD794 Page 189 of 546 2 12671669.1 NA040-035 Except as modified by this side letter, the MOU shall remain in full force and effect. This side letter will be of no force or effect until ratified by the City Council and the NCFFA membership. CITY OF NATIONAL CITY NATIONAL CITY FIREFIGHTERS’ ASSOCIATION ___________________________ ___________________________ Benjamin Martinez, City Jeremy Day, President Manager ___________________________ ___________________________ Date Date Docusign Envelope ID: 0BBD29AD-22D1-4F6F-9C48-3887D2FBD794 11/25/2024 11/25/2024 Page 190 of 546 AGENDA REPORT Department: Human Resources Prepared by: Lydia Flores-Hernandez, Human Resources Director Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Amendment to the Salary Schedule for the Unrepresented Confidential Employee Group. RECOMMENDATION: Adopt the Resolution Entitled: “Resolution of the City Council of the City of National City, California, Amending the National City Confidential Positions Salary Schedule to Reflect a Six Percent Increase in Base Salaries, and Authorizing the Establishment of Fiscal Year 2025 Budget Appropriations in the Amount of $42,061 to Fund the Stated Salaries.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The Confidential employee group is one of four employee groups in the City of National City that is not represented by a labor association. Consequently, they are not governed by the State of California's rules and procedural guidelines for public employee collective bargaining. In November 2024, the City engaged the other represented groups in discussions and after good faith negotiations, an agreement was reached to extend the term of the National City Firefighters Association MOU to June 30, 2025. The terms of that agreement are the subject of a separate agenda item. As a result of that agreement, the City Council agreed to a six percent (6%) increase for the unrepresented Confidential employee group to be effective January 7, 2025. FINANCIAL STATEMENT: Approval of this action will increase the Fiscal Year 2025 appropriations in the City’s budget by $42,061. The ongoing costs fiscal impact is estimated to be $87,719. The cost will be spread over multiple funds. The City Manager will determine the necessary budget adjustments. 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 EXHIBITS: Exhibit A - Resolution Exhibit B – Confidential Salary Schedule effective January 7, 2025. Page 191 of 546 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING THE NATIONAL CITY CONFIDENTIAL POSITIONS SALARY SCHEDULE TO REFLECT A SIX PERCENT INCREASE IN BASE SALARIES, AND AUTHORIZING THE ESTABLISHMENT OF FISCAL YEAR 2025 BUDGET APPROPRIATIONS IN THE AMOUNT OF $42,061 TO FUND THE STATED SALARIES. WHEREAS, the Confidential employee group is one of four employee groups in the City of National City that is not represented by a labor association and, consequently, they are not governed by the State of California's rules and procedural guidelines for public employee collective bargaining; and WHEREAS, commensurate with increases to represented employee groups, the City has agreed to a six percent (6%) increase in base salaries of the classifications covered by the unrepresented Confidential employee group, effective with the start of the first pay period in January 2025; and WHEREAS, City staff recommends amending the National City Confidential Salary Schedule to reflect the six percent (6%) increase effective January 7, 2025; and WHEREAS, in fiscal year 2025, additional budget appropriations in the amount of $42,061 are necessary to fund the increased salaries. 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 amendment to the Confidential Salary Schedule as shown in Exhibit B, effective January 7, 2025. Section 2: That the City Council hereby authorizes the establishment of Fiscal Year 2025 budget appropriations in the amount of $42,061 spread across multiple funds as determined by the City Manager. Section 3: 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 3rd day of December, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 192 of 546 CITY OF NATIONAL CITY CONFIDENTIAL SALARY SCHEDULE EFFECTIVE: JANUARY 7, 2025 DESCRIPTION STEP HOURLY BIWEEKLY MONTHLY ANNUAL Confidential Assistant (At-Will)STEP A 27.71 2,216.67 4,802.79 57,633.47 STEP B 29.10 2,327.76 5,043.48 60,521.76 STEP C 30.55 2,443.94 5,295.19 63,542.34 STEP D 32.08 2,566.05 5,559.77 66,717.25 STEP E 33.69 2,694.94 5,839.05 70,068.54 EXECUTIVE ASSISTANT I STEP A 26.84 2,147.14 4,652.13 55,825.54 STEP B 28.17 2,253.98 4,883.63 58,603.58 STEP C 29.58 2,366.77 5,128.00 61,535.97 STEP D 31.07 2,485.49 5,385.22 64,622.69 STEP E 32.62 2,609.30 5,653.47 67,841.70 EXECUTIVE ASSISTANT II STEP A 30.43 2,434.61 5,274.98 63,299.81 STEP B 31.96 2,556.72 5,539.56 66,474.72 STEP C 33.55 2,683.92 5,815.16 69,781.92 STEP D 35.23 2,818.75 6,107.30 73,287.55 STEP E 36.99 2,959.52 6,412.29 76,947.52 EXECUTIVE ASSISTANT III STEP A 32.73 2,618.62 5,673.69 68,084.22 STEP B 34.37 2,749.22 5,956.63 71,479.62 STEP C 36.08 2,886.59 6,254.28 75,051.39 STEP D 37.88 3,030.75 6,566.63 78,799.55 STEP E 39.78 3,182.54 6,895.51 82,746.14 EXECUTIVE ASSISTANT IV STEP A 34.56 2,764.48 5,989.71 71,876.48 STEP B 36.28 2,902.70 6,289.19 75,470.30 STEP C 38.10 3,047.71 6,603.38 79,240.51 STEP D 39.99 3,199.50 6,932.26 83,187.10 STEP E 42.00 3,359.78 7,279.51 87,354.18 HUMAN RESOURCES TECHNICIAN STEP A 22.98 1,838.46 3,983.34 47,800.06 STEP B 24.14 1,930.90 4,183.61 50,203.30 STEP C 25.34 2,027.57 4,393.06 52,716.77 STEP D 26.61 2,128.48 4,611.71 55,340.48 STEP E 27.95 2,236.18 4,845.05 58,140.58 INFORMATION TECHNOLOGY ANALYST STEP A 44.06 3,525.14 7,637.79 91,653.54 STEP B 46.27 3,701.52 8,019.96 96,239.52 STEP C 48.58 3,886.38 8,420.50 101,045.98 STEP D 51.01 4,080.58 8,841.25 106,094.98 STEP E 53.56 4,284.94 9,284.05 111,408.54 6% SALARY INCREASE Page 193 of 546 CITY OF NATIONAL CITY CONFIDENTIAL SALARY SCHEDULE EFFECTIVE: JANUARY 7, 2025 DESCRIPTION STEP HOURLY BIWEEKLY MONTHLY ANNUAL INFORMATION TECHNOLOGY TECHNICIAN STEP A 36.09 2,887.44 6,256.12 75,073.44 STEP B 37.91 3,032.45 6,570.30 78,843.65 STEP C 39.79 3,183.39 6,897.35 82,768.19 STEP D 41.79 3,342.82 7,242.77 86,913.22 STEP E 43.87 3,509.87 7,604.72 91,256.67 PAYROLL TECHNICIAN I STEP A 26.73 2,138.66 4,633.75 55,605.06 STEP B 28.07 2,245.50 4,865.26 58,383.10 STEP C 29.47 2,357.44 5,107.79 61,293.44 STEP D 30.94 2,475.31 5,363.18 64,358.11 STEP E 32.49 2,599.12 5,631.43 67,577.12 PAYROLL TECHNICIAN II STEP A 29.40 2,352.35 5,096.76 61,161.15 STEP B 30.87 2,469.38 5,350.31 64,203.78 STEP C 32.41 2,593.18 5,618.57 67,422.78 STEP D 34.04 2,722.93 5,899.68 70,796.13 STEP E 35.73 2,858.61 6,193.65 74,323.81 PASSPORT ACCEPTANCE AGENT STEP A 22.98 1,838.46 3,983.34 47,800.06 STEP B 24.14 1,930.90 4,183.61 50,203.30 STEP C 25.34 2,027.57 4,393.06 52,716.77 STEP D 26.61 2,128.48 4,611.71 55,340.48 STEP E 27.95 2,236.18 4,845.05 58,140.58 RECORDS PROGRAM SPECIALIST STEP A 30.43 2,434.61 5,274.98 63,299.81 STEP B 31.96 2,556.72 5,539.56 66,474.72 STEP C 33.55 2,683.92 5,815.16 69,781.92 STEP D 35.23 2,818.75 6,107.30 73,287.55 STEP E 36.99 2,959.52 6,412.29 76,947.52 RISK MANAGEMENT SPECIALIST STEP A 30.43 2,434.61 5,274.98 63,299.81 STEP B 31.96 2,556.72 5,539.56 66,474.72 STEP C 33.55 2,683.92 5,815.16 69,781.92 STEP D 35.23 2,818.75 6,107.30 73,287.55 STEP E 36.99 2,959.52 6,412.29 76,947.52 SENIOR INFORMATION TECHNOLOGY ANALYST STEP A 48.37 3,869.42 8,383.75 100,605.02 STEP B 50.78 4,062.77 8,802.66 105,631.97 STEP C 53.32 4,265.44 9,241.79 110,901.44 STEP D 55.99 4,479.14 9,704.79 116,457.54 STEP E 58.79 4,703.01 10,189.85 122,278.21 6% SALARY INCREASE Page 194 of 546 AGENDA REPORT Department: Engineering and Public Works Prepared by: Tirza Gonzales, Operations Manager Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Authorize the Purchase of a Camera Van for the Engineering & Public Works Street and Wastewater Division RECOMMENDATION: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract # 120721-EVS with Haaker Equipment Company for the Purchase of a 2024 or Newer E-Ford Transit Van RovverX CCTV Pipe Inspection System with Build Out in a Not-to-Exceed Amount of $296,007.71 for the Public Works Street and Wastewater Division; and 2) Authorizing the City Manager to Approve Adjustments of up to $29,600 to the Not-To-Exceed Amount for the Purchase as a 10% Contingency for Unforeseen Fluctuations in Pricing.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The Engineering & Public Works Street & Wastewater Division utilizes a camera van to view and record citywide wastewater pipes. The purpose of this is to assess condition, identify damages, and as a tool during repairs and maintenance – primarily of the municipal sewer system as required by the State of California’s laws which mandate on-going proactive maintenance, and also as needed to review the City’s stormwater network of pipes. The current 2002 E150 Ford Van has exceeded its recommended useful life of fifteen (15) years and is scheduled to be replaced. Staff is requesting approval for the purchase of one (1) 2024 or newer E-Ford Transit Van RovverX CCTV Pipe Inspection System with Build Out in a not-to-exceed amount of $296,007.71 for the Street and Wastewater Division and authorization for the City Manager to approve adjustments to the not-to-exceed amount for the purchase of up to $29,600 as a 10% contingency for unforeseen fluctuations in pricing. Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto Sourcewell Contract # 120721-EVS with Haaker Equipment Company to allow for the purchase. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by Page 195 of 546 another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City’s Purchasing staff has confirmed that the Sourcewell Contract # 120721-EVS was competitively bid through a Request for Proposals (RFP) process, and that the Sourcewell procurement procedures are in substantial compliance with those of National City. Staff recommends City Council adopt the Resolution as stated. FINANCIAL STATEMENT: 644-10-31-31600-7511 - Streets & Wastewater $296,007.71 644-10-31-31600-7511 – Streets & Wastewater $29,600 An appropriation of $500,000 for this purchase was previously approved in the FY25 budget. Savings of an estimated $200,000, outside of the contingency, would go back to Fund balance in the Vehicle Acquisition Fund. 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 – Haaker Equipment Company Quote Exhibit B – Sourcewell Contract 120721-EVS Exhibit C – Resolution Page 196 of 546 2070 North White Avenue, La Verne, California 91750 (909) 598-2706 ~ FAX (909) 598-1427 ~ haaker.com In accordance with your request, we are pleased to submit the following proposal for your consideration and approval based on the SOURCEWELL Cooperative Purchasing Agreement – Contract ##120721-EVS November 07, 2024 City of National City 1726 Wilson Ave National City, CA 91950 C/O Ruben Huerta EXHIBIT A Page 197 of 546 RE: BUDGET PROPOSAL – RovverX CCTV Pipe Inspection System, Build Out, and 2024 or Newer E-Ford Transit Dear Ruben: Thank you for your interest in the RovverX inspection system with capabilities to inspect from 6” to 36” pipes. I am pleased to offer the system as follows. Price includes equipment, build out, power pack, and Ford E-Transit chassis. ROVVER X Basic Truck Package: Includes RCX90 camera (high-resolution CCD color zoom camera with 10x optical and 12x digital zoom, auto shutter, auto/manual focus, built-in LED lighting, +/-135 degree tilt, endless rotation, pressure sensor, and twin laser diodes for measuring feature width); ROVVER X 130 crawler, with the integrated lift, (steerable with twin high-performance motors and 6-wheel drive, anodized aluminum/stainless steel chassis with pressure indicator, inclination and tilt sensors, location transmitter, rear viewing video camera); capability to transfer data to included desktop Vision Report software to generate reports and save data; wheels (6 small rubber, 4 medium rubber, 4 large rubber wheels); VC500 control pendant to operate crawler, reel and camera (daylight viewable touch screen, MPEG-4 video encoding, storage to flash drive or USB Stick, online diagnostics and firmware updates, desk mount); RAX300 automatic motorized cable reel (with meter counter, splash-proof rating, 1000' orange transmission cable); power supply for 115/230V; wireless remote control; 25' extension cable (connecting VC200 to RAX300) with emergency power switch. $105,455.00 Aux Light/Rear View Camera: Rear-View Auxiliary Light for use with Remote Lift Assembly $5,390.00 E-080-0706-00: Medium Grease Wheel for RX130 Crawler-Set of (4) $1,580.00 E-08-0707-00: Large Grease Wheel for RX130 Crawler-Set of (4) $1,820.00 E-080-0711-00: Medium Aggressive Wheel for RX130 Crawler-Set of (4) $2,020.00 E-080-0704-00: Large XXL Wheel for RX130 Crawler-Set of (4) $1,860.00 E-Sand-Gravel Wheels: Large pneumatic(to inspect CMP Pipe) wheels for use with the RX130L Crawler- Set of (4) $1,860.00 Miscellaneous Hardware: Top Manhole roller, invert roller, tool kit, clean up kit $3,135.00 V-Loc 3Locator: Locator for picking up signal from crawler $2,136.00 Page 198 of 546 Operator Studio: Solid Bulkhead wall with sliding window and, Formica desk with outlets above and below, storage cabinet, bench seat with storage, overhead recessed LED lighting, 19” Tru-Vu monitor, operator chair, carpeted walls and ceiling, safety light switches in truck cab, rack cabinet (for computer/ DVD-RW) rack mount UPS device, wall file, black-treaded rubber floor, battery operated carbon monoxide detector, video distribution booster NO Roof Mounted AIR CONDITIONER. Carbon Monoxide Detector Equipment Bay Stainless steel work surface, built-in heavy-duty storage/tool chest, slide-out crawler tray under reel, rear facing 19” Tru-Vu monitor, full height storage cabinet behind crawler drawer, wash-down system (on-demand pump, lighted switch, 10 gallon tank with exterior fill, 25’ retractable hose reel), sink for wash-down, Ceiling LED light, gray FRP over plywood on walls and ceiling, aluminum storage shelf and caddy, wheel and drawer, rubber glove dispenser. 12 volt crane, and Tool package. Miscellaneous: hand sanitizer, waterless soap, paper towels, rubber gloves, first aid kit, fire extinguisher, rain-x, simple green, dry-erase board, safety package, traffic cones Exterior: rear barn doors with latches/locks, side door with step well, custom Envirosight mud flaps, tie-off clamp on rear bumper. Door latches to secure them in place when open Power Package: 4000kW Inverter system with (4) 300 AHR Lithium Ion Battery Bank, Hour Meter, Automatic Transfer Switch, Auxiliary battery with battery separator, Isolator, Converter Charger and 20’ Shore Power Cord. Solar Panels: Mounted On Roof to charge batteries $2,800.00 Additional Viewing monitor for PC. Roof Mounted Floods 4 Corner Mounted LED Strobes and rear mounted LED arrow board Back Up Alarm. Back Up Camera. Total for RovverX Equipment and accessories $128,056.00 Total for Build Out as Described Above $59,845.00 2024 or Newer Ford Transit E-Transit: Ford E-Transit Cargo Van (W3X) T-350 148" EL Hi Rf 9500 GVWR RWD $69,895.00 Envirosight VSP Ultra Push Camera: 200' cable, self-leveling camera, tri-frequency sonde, battery powered control unit with viewing, control, text generation, recording and digital output, and accessories case. $14,395.00 Total for RovverX CCTV Equipment accessories, chassis and build out…………….………... $ 272,191.00 Sales Tax ……. @ 8.75% (National City, CA) ………………………………………………………….…... $ 23,816.71 Total for RovverX SYSTEM WITH ALL ENHANCEMENTS AS DETAILED ABOVE: ..……….… $ 296,007.71 Page 199 of 546 Price quoted includes all inbound shipping charges to CA and (2) days of training. Haaker Equipment is the authorized dealer and service center for the entire Envirosight product line. Included in the service we provide is timely repairs that are completed under 72 hours. If this criteria is not met, we have a loaner program to draw from to keep you going in the event you are in the middle of a major project. Thank you again for the opportunity and I will be looking forward to working for you on the purchase of this equipment and I will also be looking forward to your favorable consideration. Respectfully Yours Chuy Vallejo Chuy Vallejo Page 200 of 546 EXHIBIT B Page 201 of 546 Page 202 of 546 Page 203 of 546 Page 204 of 546 Page 205 of 546 Page 206 of 546 Page 207 of 546 Page 208 of 546 Page 209 of 546 Page 210 of 546 Page 211 of 546 Page 212 of 546 Page 213 of 546 Page 214 of 546 Page 215 of 546 Page 216 of 546 Page 217 of 546 Page 218 of 546 Page 219 of 546 Page 220 of 546 Page 221 of 546 Page 222 of 546 Page 223 of 546 Page 224 of 546 Page 225 of 546 Page 226 of 546 Page 227 of 546 Page 228 of 546 Page 229 of 546 Page 230 of 546 Page 231 of 546 Page 232 of 546 Page 233 of 546 Page 234 of 546 Page 235 of 546 Page 236 of 546 Page 237 of 546 Page 238 of 546 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO SOURCEWELL CONTRACT # 120721-EVS WITH HAAKER EQUIPMENT COMPANY FOR THE PURCHASE OF A 2024 OR NEWER E-FORD TRANSIT VAN ROVVERX CCTV PIPE INSPECTION SYSTEM WITH BUILD OUT IN A NOT-TO-EXCEED AMOUNT OF $296,007.71 FOR THE PUBLIC WORKS STREET AND WASTEWATER DIVISION; AND 2) AUTHORIZING THE CITY MANAGER TO APPROVE ADJUSTMENTS OF UP TO $29,600 TO THE NOT-TO-EXCEED AMOUNT FOR THE PURCHASE AS A 10% CONTINGENCY FOR UNFORESEEN FLUCTUATIONS IN PRICING. WHEREAS, the Public Works Street and Wastewater Division utilizes a 2002 E150 Ford van to view and record citywide wastewater pipes, which has exceeded its recommended useful life of fifteen (15) years and is scheduled to be replaced; and WHEREAS, the City of National City has an opportunity to piggyback onto the Sourcewell Contract # 120721-EVS with Haaker Equipment Company to allow for the purchase of a 2024 or newer E-Ford Transit Van RovverX CCTV pipe inspection system with build out; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City’s procurement procedures, and such a determination has been made in this case, therefore, it is recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code; and WHEREAS, National City’s Purchasing staff has confirmed that the Sourcewell Contract # 120721-EVS with Haaker Equipment Company was competitively bid through a Request for Proposals process, and that the Sourcewell procurement procedures are in substantial compliance with those of National City; and WHEREAS, City staff recommends adoption of the Resolution as stated. 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 waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell Contract # 120721-EVS with Haaker Equipment Company for the purchase of a 2024 or newer E-Ford Transit Van RovverX CCTV pipe inspection system with build out in a not-to-exceed amount of $296,007.71 for the Public Works Street and Wastewater Division. . Section 2: That the City Council hereby authorizes the City Manager to approve adjustments of up to $29,600 to the not-to-exceed amount for the purchase as a 10% contingency for unforeseen fluctuations in pricing. Page 239 of 546 Section 3: 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 3rd day of December, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 240 of 546 AGENDA REPORT Department: Engineering & Public Works Prepared by: Stephen Manganiello, Director of Public Works/City Engineer Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Purchase and Sale Agreement for the Purchase of Property on N Avenue. RECOMMENDATION: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute the Purchase and Sale Agreement and Accept the Grant Deed from Walter Morawa and Louise Morawa Joint Living Trust for the Purchase of a Portion of Parcel APN 557-250-38 that Fronts “N” Avenue, Just South of E. 9th Street to Construct Pedestrian and Bicycle Improvements.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The City desires to purchase a portion of parcel APN 557-250-38 that fronts “N” Avenue, just south of E. 9th Street to construct pedestrian and bicycle improvements as part of the Central Community Mobility Enhancements Project, CIP No. 19-23 (the “Project”). The portion of property is approximately 2,721 square feet (see Exhibit C for parcel map with land acquisition area highlighted). The City contracted with Carpenter Real Estate Consulting located in San Diego to prepare a Property Appraisal Report, which determined a fair market value of $164,000 for the partial acquisition (see Exhibit D). The property owners, Walter and Louise Morawa, have agreed to sell the portion of property to the City for the appraised value. Staff recommends authorizing the City Manager to execute the Purchase and Sale Agreement and accept the Grant Deed (attached as Exhibits A and B). FINANCIAL STATEMENT: Purchase Price: $164,000 Expenditure Account No. 296-10-18-18500-7598-6588296 (ATP Grant) - $44,000 Expenditure Account No. 100-10-18-18500-7598-6573100 (General Fund CIP - Transportation Improvements) - $120,000 RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Transportation Choices and Infrastructure ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review. CCR 15378; PRC 21065. Page 241 of 546 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 – Purchase and Sale Agreement Exhibit B – Grant Deed Exhibit C – Parcel Map Exhibit D – Property Appraisal Report Exhibit E – Resolution Page 242 of 546 1 PURCHASE AND SALE AGREEMENT (N Avenue) THIS PURCHASE AND SALE AGREEMENT (N Avenue) (“Agreement”) dated as of the ___ day of __________, 2024, by and between Walter and Louise Morawa, Trustees of the Walter Morawa and Louise Morawa Joint Living Trust (“Seller”), and the City of National City (“Purchaser”). RECITALS A.The Seller owns the fee interest to that certain strip of real property generally located along N Street, South of East 9th Street in the City of National City, County of San Diego, California, which is legally described on Exhibit A attached hereto and made a part hereof (“Property”). Seller and Purchaser desire for Seller to sell the Property to Purchaser and for Purchaser to purchase the Property from Seller. B.The Seller agrees to sell the Property to Purchaser for One Hundred Sixty-Four Thousand and No/100 Dollars ($164,000.00), which amount shall be payable by Purchaser to Seller in cash at Closing. AGREEMENT FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which are acknowledged, Purchaser and Seller hereby agree as follows: 1.Effectiveness of Agreement and Purchase and Sale. (a)Effectiveness of Agreement. This Agreement shall be effective and binding upon all parties hereto concurrently with the last to occur of the following: (i) this Agreement has been duly executed by Purchaser and delivered by Purchaser to Seller; (ii) this Agreement has been formally approved by resolution of the City of National City; and (iii) this Agreement has been duly executed by Seller and delivered by Seller to Purchaser. The Seller hereby acknowledges that the Purchaser is prohibited by law from purchasing the Property, without the approval of the City Council of the City of National City. Under no circumstances will this Agreement be effective before all of the preceding have occurred. (b)Purchase and Sale of the Property. In consideration of the mutual covenants set forth in this Agreement, and on the terms and conditions set forth herein, Seller agrees to sell the Property to Purchaser, and Purchaser agrees to purchase the Property from Seller on the terms and conditions set forth herein, provided the various conditions to Closing set forth in this Agreement are satisfied or waived as provided herein. At Closing, Seller shall convey to Purchaser title to the Property by recordation of the Grant Deed. The Escrow Agent shall issue the Title Policy (as defined below) to the Purchaser at Closing. Page 243 of 546 2 (c) Possession of the Property. The Seller shall deliver possession of the Property to Purchaser at Closing. Possession of the Property shall be delivered to Purchaser entirely vacant, subject only to the Property Documents and the Permitted Exceptions. After Closing, the Purchaser shall install a new sidewalk, curb and gutter along N Avenue, an ADA-compliant access ramp to the building entrance on N Avenue and a retaining wall with metal fencing and a gate along the Property-frontage on N Avenue. Purchaser shall not block or deny access to the Seller’s property, except to the extent reasonably necessary to construct the new sidewalk, curb and gutter along N Avenue and to repair and maintain the same. Provided, however, Purchaser shall cooperate with Seller to minimize the disturbance of and inconvenience to tenants and occupants of the Seller’s property. 2. Definitions. As used in this Agreement, the following terms shall have the following meanings: “Agreement” means this Purchase and Sale Agreement between the Seller and the Purchaser. “Business Day” means any day other than a Saturday, Sunday or any other day on which Purchaser or Escrow Agent is not open for business. In the event any date, deadline or due date set forth in this Agreement falls on a day that is not a Business Day, then such deadline or due date shall automatically be extended to the next Business Day. “Close” or “Closing” means the close of Escrow as provided herein, which shall occur on the Closing Date. “Closing Date” means the close of Escrow as provided herein, which shall be one (1) Business Day after the latest of: (i) the date all of the Conditions Precedent for the Benefit of the Seller have been satisfied; and (ii) the date all of the Conditions Precedent for the Benefit of the Purchaser have been satisfied. The Closing shall occur on or before December 31, 2024. “Conditions Precedent for the Benefit of the Seller” shall have the meaning set forth in Section 5 of this Agreement. “Conditions Precedent for the Benefit of the Purchaser” shall have the meaning set forth in Section 6 of this Agreement. “Due Diligence Period” means the period of time commencing on the Effective Date and ending at 5:00 p.m. Pacific time on _____________ (30 days after the Effective Date). “Effective Date” means ______________, 2024, which may or may not be the date this Agreement was executed and delivered by the Seller or the Purchaser. “Escrow” means the escrow depository and disbursement services to be performed by Escrow Agent pursuant to the provisions of this Agreement. Page 244 of 546 3 “Escrow Agent” means Carla Burchard at Stewart Title Guaranty Company, 7676 Hazard Center Drive, San Diego, California 92108. “Grant Deed” means a duly executed and acknowledged grant deed conveying fee simple title to the Property from Seller to Purchaser. “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. “Immediately Available Funds” means a bank wire transfer or a certified bank or cashier’s check. “Permitted Exceptions” means (i) the printed exceptions and exclusions in the Title Policy; (ii) the exceptions to title set forth in Schedule B to the Title Report (as defined in Section 4(e) below) which are approved by Purchaser in writing, or deemed approved by Purchaser, as provided in Section 4(e) below; (iii) real property taxes and assessments which are a lien but not yet payable; (iv) any title exceptions caused, consented to or preapproved by Purchaser; and (v) all applicable building, zoning and use restrictions and/or regulations of any municipality, township, county or state; (vii) defects that would be shown by an inspection or by a survey of the Real Property; and (viii) any reserved oil, water and/or mineral rights. Notwithstanding anything to the contrary herein, no deed of trust or mortgage is a Permitted Exception. “Property” means that certain real property in the City of National City, County of San Diego, California, which is legally described on Exhibit A attached hereto and made a part hereof. “Property Documents” means a conditions imposed by any governmental authorities which affect the development or use of the Property, soils reports, engineering studies or surveys, studies and reports concerning the possibility of Hazardous Materials on or near the Property, active contracts, drawings, plans, specifications, with respect to the Property that are in Seller’s possession. “Purchase Price” means One Hundred Sixty-Four Thousand and No/100 Dollars ($164,000.00). “Purchaser” means the City of National City. “Seller” means Walter and Louise Morawa, Trustees of the Walter Morawa and Louise Morawa Joint Living Trust. “Title Policy” means a CLTA Owner’s Policy of Title Insurance in the amount of the Purchase Price, insuring that title to the fee interest in the Property is vested in the Purchaser Page 245 of 546 4 subject only to the Permitted Exceptions, which Title Policy shall be obtained through the Escrow Agent. Seller shall pay the cost of the CLTA Owner’s Policy of Title Insurance. Purchaser shall pay the cost of any endorsements it desires. Purchaser may obtain an ALTA Owner’s Policy of Title Insurance in which event Purchaser shall pay the cost difference between the cost of the ALTA Owner’s Policy of Title Insurance and the cost of a CLTA Owner’s Policy of Title Insurance. 3. Purchase Price. The purchase price to be paid by the Purchaser for all of the Property shall be the One Hundred Sixty-Four Thousand and No/100 Dollars ($164,000.00) Purchase Price. Notwithstanding any provision to the contrary contained in this Agreement, Purchaser shall pay to Seller the amount of One Hundred and No/100 Dollars ($100.00) as independent consideration for the rights extended to Purchaser under this Agreement. (a) No Deposit. No deposit shall be required under this Agreement. (b) LIQUIDATED DAMAGES. IF ESCROW FAILS TO CLOSE AS A RESULT OF PURCHASER’S DEFAULT HEREUNDER, THE SOLE REMEDY OF THE SELLER SHALL BE TO TERMINATE THIS AGREEMENT BY GIVING WRITTEN NOTICE THEREOF TO PURCHASER AND ESCROW AGENT, WHEREUPON THE SELLER SHALL BE ENTITLED TO RECEIVE THE SUM TOTAL OF $1,000.00 FROM THE PURCHASER AS LIQUIDATED DAMAGES (AND, THE SELLER WAIVES ANY RIGHT TO SPECIFICALLY ENFORCE THIS AGREEMENT SET FORTH IN CALIFORNIA CIVIL CODE SECTION 1680 OR 3389). THEREAFTER, NO PARTY HERETO SHALL HAVE ANY FURTHER LIABILITY OR OBLIGATION TO ANY OTHER PARTY HERETO EXCEPT FOR: (i) THE SELLER’S RIGHT TO RECEIVE AND RETAIN SUCH LIQUIDATED DAMAGES; AND (ii) THE OBLIGATION OF THE PARTIES TO PAY AMOUNTS INTO ESCROW TO PAY THE FEES AND COSTS OF ESCROW. THE PARTIES HERETO ACKNOWLEDGE AND AGREE THAT THE SELLER’S ACTUAL DAMAGES IN THE EVENT OF PURCHASER’S DEFAULT HEREUNDER ARE UNCERTAIN IN AMOUNT AND DIFFICULT TO ASCERTAIN, AND THAT SUCH AMOUNT OF LIQUIDATED DAMAGES IS REASONABLE UNDER THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1671 ET SEQ., CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING ON THE DATE HEREOF INCLUDING, WITHOUT LIMITATION, THE RELATIONSHIP OF SUCH AMOUNT TO THE RANGE OF POTENTIAL HARM TO THE SELLER THAT CAN REASONABLY BE ANTICIPATED AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES RESULTING FROM SUCH DEFAULT WOULD BE COSTLY AND INCONVENIENT. BY PLACING ITS INITIALS IN THE SPACE BELOW, EACH PARTY HERETO SPECIFICALLY CONFIRMS THE ACCURACY OF THE FOREGOING AND THE FACT THAT SUCH PARTY HAS BEEN REPRESENTED BY COUNSEL WHO EXPLAINED THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. THE PROVISIONS OF THIS SECTION 3(B) SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. ___________________ ___________________ Seller’s Initials Purchaser’s Initials Page 246 of 546 5 (c) Delivery of Purchase Price into Escrow. Not less than one (1) Business Day prior to the Closing Date, the Purchaser shall cause Immediately Available Funds to be delivered to the Escrow Agent in an amount equal to the Purchase Price, and plus or minus any adjustments for prorations and expenses required under this Agreement. (d) Disbursement to the Seller. Immediately after the Closing, the Escrow Agent shall disburse to the Seller the funds that the Seller is entitled to receive hereunder. 4. Due Diligence. (a) Due Diligence Period. During the Due Diligence Period the Purchaser may determine in the Purchaser’s sole and absolute discretion, whether to proceed with the purchase of the Property. During the Due Diligence Period, the Purchaser may terminate this Agreement for any reason or for no reason at all by delivering written notice of such termination to the Seller and Escrow. After expiration of the Due Diligence Period, the Purchaser’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 Purchaser and the Seller 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 Purchaser all funds or other things deposited in Escrow by the Purchaser, less any fees and costs charged by the Escrow Agent; and (iii) Escrow Agent shall return to the Seller all funds or other things deposited in Escrow by the Seller. (b) Due Diligence Deliveries. Not later than three (3) Business Days after execution and delivery of this Agreement to the Escrow Agent, the Seller shall provide the Purchaser with true and correct copies of the Property Documents, to the extent the same are in the Seller’s possession, by any of the following methods provide physical copies or digital copies (e.g. a pdf, tif or jpg file) by email or on a memory medium. (c) Access to the Property. During the Due Diligence Period, Purchaser and its representatives, consultants and attorneys shall have access to the Property. Purchaser shall defend and shall indemnify the Seller and the Seller’s agents and employees and the Property from and against, and shall hold the Seller, the Seller’s agents and employees and the 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 Purchaser and/or its contractors or agents upon the Property. The Purchaser shall repair any damage caused to the Property by the Purchaser or its agents, employees or contractors. The Purchaser shall not permit any mechanic’s, materialman’s, contractor’s, subcontractor’s or other lien arising from any work done by the Purchaser or its agents pursuant to this Agreement to stand against the Property. If any such lien shall be filed against the Property, the Purchaser shall cause the same to be discharged or bonded by payment, deposit, bond or otherwise, within thirty (30) days after actual notice of such filing. The Purchaser’s obligations under this Section 4(d) shall survive the termination or expiration of this Agreement. If Purchaser desires to do any invasive testing at the Property, the Purchaser may do so only after obtaining Seller’s prior written consent to the same, which consent may be withheld or granted on conditions in Seller’s reasonable Page 247 of 546 6 discretion. The Purchaser shall promptly restore the Property to the condition the Property was in immediately prior to any such tests, at the Purchaser’s sole cost and expense. The Purchaser shall provide the Seller with a complete set of plans, drawings and specifications (“Invasive Testing Plans”) that define to the sole satisfaction of the Seller the invasive testing to be performed on the Property and the names of all environmental and other consultants, contractors and subcontractors who will be performing such invasive testing (collectively “Purchaser’s Consultants”). The Purchaser shall deliver the names of the Purchaser’s Consultants and the Invasive Testing Plans to the Seller concurrently with its request to the Seller that the Purchaser desires to perform invasive testing. (d) Title. Purchaser’s obligation to purchase the Property is contingent upon Purchaser’s approval of all matters affecting title to or use of the Real Property (collectively, “Title Matters”). The intent of this Section 4(d) is to allow the parties to have certainty regarding the condition of title and the Title Matters which are acceptable to the Purchaser. The procedure set forth in this Section 4(d) shall not affect or otherwise limit the Purchaser’s right to terminate this Agreement for any reason or no reason at all as set forth in Section 4, above. Seller shall use commercially reasonable efforts to cause the Title Company to deliver to Purchaser within five (5) Business Days of the Effective Date, a current preliminary title report for the Real Property and, to the extent possible, legible copies of all documents referred to therein (“Title Report”). Purchaser shall have fifteen (15) Business Days thereafter, to approve or object to any items disclosed by the Title Report. If Purchaser does not give written notice to Seller of Purchaser’s approval or disapproval of any items disclosed by the Title Report within said time period, then Purchaser shall be deemed to have approved the items disclosed by the Title Report. If Purchaser gives written notice to Seller of Purchaser’s disapproval of any items disclosed by the Title Report within said time period and Seller does not give written notice to Purchaser within five (5) Business Days thereafter of either: (i) Seller’s elimination of or agreement to eliminate those disapproved matters prior to the close of Escrow; or (ii) Seller’s agreement to provide at Seller’s sole expense such title insurance endorsements relating thereto as are acceptable to Purchaser in Purchaser’s sole discretion prior to the close of Escrow (each, a “Cure Notice”), then this Agreement shall terminate immediately, unless Purchaser affirmatively agrees in writing within five (5) Business Days thereafter that this Agreement will remain in full force and effect and that the previously disapproved items disclosed by the Title Report are approved by Purchaser. If the Title Company issues a supplemental title report prior to the close of Escrow showing additional exceptions to title (“Title Supplement”), Purchaser shall have five (5) Business Days from the date of receipt of the Title Supplement and a copy of each document referred to in the Title Supplement in which to give Seller written notice of disapproval as to any additional exceptions; provided, however, Purchaser may not disapprove any exceptions that were contained in the original Title Report or are otherwise Permitted Exceptions. Purchaser’s failure to deliver any such written notice of disapproval of the Title Supplement within such five (5) Business Day period shall be deemed to mean that Purchaser has approved all such additional exceptions. If Purchaser disapproves any additional exception shown in the Title Supplement, then Purchaser and Seller will have the same rights and obligations set forth above in this Section regarding Purchaser’s original review and approval of the Title Report. Notwithstanding the foregoing, Seller shall cause all Title Matters which are mechanics’ liens or deeds of trust to be eliminated as exceptions to title on the Title Policy at Seller’s sole expense prior to the close of Escrow, and shall not record any documents against the Property from and after the Effective Date without Purchaser’s prior written consent. Page 248 of 546 7 5. Conditions Precedent for the Benefit of the Seller. The Seller’s obligation to Close shall be conditioned upon the satisfaction or emailed or written waiver by the Seller of all of the conditions precedent (“Conditions Precedent for the Benefit of the Seller”) set forth in this Section 5. Any of the Conditions Precedent for the Benefit of the Seller may be waived by the Seller unilaterally; and if so waived, such conditions shall be of no further effect hereunder. Any such waiver shall be effective only if the same is expressly waived by Seller by either: (i) email from the Seller to the Purchaser and Escrow Agent; or (ii) in a writing signed by the Seller and delivered to the Purchaser and Escrow Agent. If the Conditions Precedent for the Benefit of the Seller set forth in this Section 5 are not satisfied by the deadlines or expressly waived, the Seller (provided the Seller is not in default hereunder) may provide emailed or written notice of the Seller’s conditional termination of this Agreement to the Purchaser and Escrow Agent. After receipt of such notice of conditional termination, the Purchaser 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 remains unsatisfied or the default remains uncured after the expiration of such ten (10) Business Day period, then this Agreement Instructions shall terminate at the close of business on such tenth (10th) Business Day. In the event of termination of this Agreement (and by operation of law the Escrow) pursuant to this Section 5, then: (w) as set forth in the liquidated damages provision of Section 3(b), above, all rights and liabilities of the Purchaser and the Seller with respect to this Agreement shall immediately terminate except those which specifically survive such termination; (x) the Purchaser shall pay $1,000.00 to the Seller; (y) Escrow Agent shall return to the Seller all funds or other things deposited in Escrow by the Seller; and (z) Escrow Agent shall return to the Purchaser all funds or other things deposited in Escrow by the Purchaser, less all fees and costs charged by the Escrow Agent. Notwithstanding the preceding clause (w) of this Section 5, in the event of termination of this Agreement pursuant to this Section 5, the Seller and the Purchaser shall cooperate with one another, execute all documents reasonably necessary and take all reasonable steps as may be required by Escrow Agent in order to accomplish the purposes of this Section 5. The Conditions Precedent for the Benefit of the Seller are: (a) The delivery by the Purchaser into Escrow, at least one (1) Business Day prior to Closing of Immediately Available Funds equal to the Purchase Price (plus or minus expenses and prorations) as required by Section 3(c) above. (b) The delivery by the Purchaser into Escrow at least one (1) Business Day prior to Closing of all other documents and instruments required by this Agreement or reasonably required by Escrow to complete the Closing. (c) Purchaser not being in default of any of its representations or warranties under this Agreement, or any other material terms or conditions related to Purchaser, and all of the Purchaser’s representations and warranties under this Agreement being true and correct as of the Closing Date. Page 249 of 546 8 (d) As of the Closing Date, the Purchaser has not made an assignment for the benefit of creditors, filed a bankruptcy petition, been adjudicated insolvent or bankrupt, petitioned a court for the appointment of any receiver of, or trustee for, the Purchaser, or commenced any proceeding relating to the Purchaser under any reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or later in effect. 6. Conditions Precedent for the Benefit of the Purchaser. The Purchaser’s obligation to Close shall be conditioned upon the satisfaction or emailed or written waiver by the Purchaser of all of the conditions precedent (“Conditions Precedent for the Benefit of the Purchaser”) set forth in this Section 6. Any of the Conditions Precedent for the Benefit of the Purchaser may be waived by the Purchaser unilaterally; and if so waived, such conditions shall be of no further effect hereunder. Any such waiver shall be effective only if the same is expressly waived by email from the Purchaser to the Seller and Escrow Agent or in writing signed by the Purchaser and delivered to the Seller and Escrow Agent. If the Conditions Precedent for the Benefit of the Purchaser are not satisfied by the deadlines set forth in this Section 6 or expressly waived, the Purchaser (provided the Purchaser is not in default hereunder) may provide emailed or written notice of the Purchaser’s conditional termination of this Agreement to the Seller and Escrow Agent. After receipt of such notice of conditional termination, the Seller 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 remains unsatisfied or the default remains uncured after the expiration of such ten (10) Business Day period, then this Agreement shall terminate at the close of business on such tenth (10th) Business Day. In the event of termination of this Agreement (and by operation of law the Escrow) pursuant to this Section 6, then: (w) the same shall be a default by the Seller; (x) Escrow Agent shall return to the Seller all funds or other things deposited in Escrow by the Seller; (y) Escrow Agent shall upon receipt of unilateral notice from the Purchaser, return to the Purchaser all funds or other things deposited in Escrow by the Purchaser; and (z) all fees and costs charged by the Escrow Agent shall be paid by the Seller. Purchaser is not waiving any default by the Seller and nothing contained in this Section 6, including, without limitation, the immediately foregoing sentence shall be a waiver of any right of Purchaser to recover damages from the Seller for any default by Seller hereunder. Notwithstanding the foregoing clause (w) of this Section 6, in the event of termination of this Agreement pursuant to this Section 6, the Purchaser and the Seller shall cooperate with one another, execute all documents reasonably necessary and take all reasonable steps as may be required by Escrow Agent in order to accomplish the purposes of this Section 6. The Conditions Precedent for the Benefit of Purchaser are: (a) The deposit by the Seller into Escrow at least one (1) Business Day prior to Closing of the Grant Deed, duly executed and acknowledged, conveying fee simple title to the Property to the Purchaser. (b) The deposit by the Seller into Escrow at least one (1) Business Day prior to Closing of the Assignment, duly executed, conveying title to the Personal Property to the Purchaser. (c) The deposit by Seller into Escrow at least one (1) Business Day prior to Closing of a duly executed affidavit in the form prescribed by federal regulations that Seller 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, as amended. Page 250 of 546 9 (d)The deposit by Seller into Escrow at least one (1) Business Day prior to Closing of a duly executed California Form 593(c) or other evidence that withholding of any portion of the Purchase Price is not required by the Revenue and Taxation Code of California with respect to Seller. (e)The deposit by the Seller into Escrow at least one (1) Business Day prior to Closing of all additional documents and instruments as are reasonably required by the Escrow Agent to complete the Closing. (f)The Escrow Agent is prepared and obligated to issue the Title Policy in Purchaser’s favor, upon the recordation of the Grant Deed and there are no exceptions to the Title Policy, except for the Permitted Exceptions. (g)As of the Closing Date, there exists no deed of trust, mortgage, lease, tenancy or occupancy agreement affecting the Property, except for the Property Documents. (h)Seller not being in default of any of its representations or warranties under this Agreement, or any other material terms or conditions related to Seller, and all of Seller’s representations and warranties under this Agreement being true and correct as of the Closing Date. (i)As of the Closing Date there is not pending, or threatened to be pending, any action or proceeding by any person or before any government authority, the outcome of which could prohibit the use of the Property as intended by the Purchaser. (j)The Escrow Agent is prepared and obligated to issue the Title Policy in Purchaser’s favor, upon the recordation of the Grant Deed and there are no exceptions to the Title Policy, except for the Permitted Exceptions. 7.Representations, Warranties and Covenants; Waivers and Releases. When making the representations and warranties set forth in this Section 7, each party making a representation and/or warranty represents that the same are true, correct and complete as of the date hereof and shall be and are true, correct and complete as of the Closing Date. The representations and warranties shall survive the Closing. (a)Representations and Warranties Regarding Authority. The Seller and the Purchaser each hereby represents and warrants to the other that this Agreement and all documents or instruments executed by them which are to be delivered at or prior to the Closing are, or on the Closing Date will be, duly authorized, executed and delivered by the Seller or the Purchaser, as applicable. (b)Representations and Warranties Regarding Enforceability of Agreement. The Seller and the Purchaser each hereby represents and warrants to the other that this Agreement and all documents required hereby to be executed by them shall be valid, legally binding obligations of, and enforceable against, the Seller or the Purchaser, as applicable, in accordance with their terms. Page 251 of 546 10 (c)Representations and Warranties Pertaining to Legal Matters. The Seller hereby represents and warrants to the Purchaser that: (1)The Seller is the sole owner of the fee title interest to the Real Property. (2)To the current actual knowledge of Seller, there is no pending or threatened proceeding in eminent domain or otherwise, which would adversely affect the Property, or any portions thereof. (d)Seller Representations and Warranties Pertaining to Options. As of the Effective Date, Seller hereby represents and warrants to the Purchaser that no person has any option or right of first refusal to purchase Seller’s interest in the Property or any parts thereof. (e)Seller Representation and Warranty Regarding Operation of the Property. The Seller hereby represents and warrants to the Purchaser that to the current actual knowledge of Seller, the Property Documents and the Permitted Exceptions constitute all of the oral and written agreements or understandings concerning the Property by which the Purchaser would be bound following the Closing. (f)Seller Representations and Warranties Regarding Discovery of New Information. The Seller hereby represents and warrants to the Purchaser that if the Seller discovers any information or facts prior to Closing that would materially change any of the foregoing representations and warranties or cause any of the foregoing representations and warranties to be untrue or misleading in any respect, the Seller will promptly give the Purchaser notice of those facts and information. (g) AS IS CONDITION. PURCHASER HEREBY ACKNOWLEDGES, REPRESENTS, WARRANTS, COVENANTS AND AGREES THAT AS A MATERIAL INDUCEMENT TO SELLER TO EXECUTE AND ACCEPT THIS AGREEMENT AND IN CONSIDERATION OF THE PERFORMANCE BY SELLER OF ITS DUTIES AND OBLIGATIONS UNDER THIS AGREEMENT THAT, EXCEPT FOR SELLER’S EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 7 OF THIS AGREEMENT, THE SALE OF THE PROPERTY HEREUNDER IS AND WILL BE MADE ON AN “AS IS, WHERE IS” BASIS, SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, FUTURE OR OTHERWISE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE PROPERTY, INCLUDING BUT NOT LIMITED TO: (1) THE EXISTENCE OF HAZARDOUS MATERIALS OR MOLD UPON THE PROPERTY OR ANY PORTION THEREOF; (2) GEOLOGICAL CONDITIONS, INCLUDING, WITHOUT LIMITATION, SUBSIDENCE, SUBSURFACE CONDITIONS, WATER TABLE, UNDERGROUND WATER RESERVOIRS, LIMITATIONS REGARDING THE WITHDRAWAL OF WATER AND FAULTING; (3) WHETHER OR NOT AND TO THE EXTENT TO WHICH THE PROPERTY OR ANY PORTION THEREOF IS AFFECTED BY ANY STREAM (SURFACE OR UNDERGROUND), BODY OF WATER, Page 252 of 546 11 FLOOD PRONE AREA, FLOOD PLAIN, FLOODWAY OR SPECIAL FLOOD HAZARD; (4) DRAINAGE; (5) SOIL CONDITIONS, INCLUDING THE EXISTENCE OF INSTABILITY, PAST SOIL REPAIRS, SOIL ADDITIONS OR CONDITIONS OF SOIL FILL, OR SUSCEPTIBILITY TO LANDSLIDES, OR THE SUFFICIENCY OF ANY UNDERSHORING; (6) USES OF ADJOINING PROPERTIES; (7) THE VALUE, COMPLIANCE WITH THE PLANS AND SPECIFICATIONS, SIZE, LOCATION, AGE, USE, DESIGN, QUALITY, DESCRIPTION, DURABILITY, STRUCTURAL INTEGRITY, OPERATION, TITLE TO, OR PHYSICAL OR FINANCIAL CONDITION OF THE PROPERTY OR ANY PORTION THEREOF, OR ANY RIGHTS OR CLAIMS ON OR AFFECTING OR PERTAINING TO THE PROPERTY OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, WHETHER OR NOT THE IMPROVEMENTS COMPLY WITH THE REQUIREMENTS OF TITLE III OF THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C. §§ 12181-12183, 12186(B) –12189 AND RELATED REGULATIONS; (8) THE PRESENCE OF HAZARDOUS MATERIALS IN OR ON, UNDER OR IN THE VICINITY OF THE PROPERTY; (9) THE SQUARE FOOTAGE OF THE PROPERTY OR THE IMPROVEMENTS THEREON; (10) IMPROVEMENTS AND INFRASTRUCTURE; (11) DEVELOPMENT RIGHTS AND EXTRACTIONS; (12) WATER OR WATER RIGHTS; (13) THE DEVELOPMENT POTENTIAL FOR THE PROPERTY; (14) THE ABILITY OF PURCHASER TO REZONE THE PROPERTY OR CHANGE THE USE OF THE PROPERTY; (15) THE ABILITY OF PURCHASER TO ACQUIRE ADJACENT PROPERTIES; (16) THE EXISTENCE AND POSSIBLE LOCATION OF ANY UNDERGROUND UTILITIES; (17) THE EXISTENCE AND POSSIBLE LOCATION OF ANY ENCROACHMENTS; (18) THE CHARACTER OF THE NEIGHBORHOOD IN WHICH THE PROPERTY IS SITUATED; (19) THE CONDITION OR USE OF THE PROPERTY OR COMPLIANCE OF THE PROPERTY WITH ANY OR ALL PAST, PRESENT OR FUTURE FEDERAL, STATE OR LOCAL ORDINANCES, RULES, REGULATIONS OR LAWS, BUILDING, FIRE OR ZONING ORDINANCES, CODES OR OTHER SIMILAR LAWS; AND/OR (20) THE MERCHANTABILITY OF THE PROPERTY OR FITNESS OF THE PROPERTY FOR ANY PARTICULAR PURPOSE (PURCHASER AFFIRMING THAT PURCHASER HAS NOT RELIED ON SELLER’S SKILL OR JUDGMENT TO SELECT OR FURNISH THE PROPERTY FOR ANY PARTICULAR PURPOSE, AND THAT SELLER MAKES NO WARRANTY THAT THE PROPERTY IS FIT FOR ANY PARTICULAR PURPOSE). NOTWITHSTANDING THE FOREGOING OR ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, SELLER IS NOT RELEASED FROM ANY LIABILITY TO PURCHASER FOR FRAUD OR BREACH OF ANY EXPRESS COVENANT, REPRESENTATION OR WARRANTY SET FORTH IN THIS AGREEMENT. 8. Condemnation of the Property. (a)Condemnation. If between the Effective Date and the Closing Date, any condemnation or eminent domain proceedings are commenced that will result in the taking of any part of the Property, Purchaser may, at Purchaser’s election, either: (1)Terminate this Agreement by giving written or emailed notice to the Seller and the Escrow Agent (in which event all remaining funds or other things deposited in Escrow by Purchaser shall be returned to the Purchaser immediately from Escrow, and all fees and costs Page 253 of 546 12 charged by the Escrow Agent shall be paid one-half (1/2) by the Seller and one-half (1/2) by the Purchaser); or (2)Proceed with the Closing and have Seller assign to Purchaser all of Seller’s right, title and interest to any award made for the condemnation or eminent domain action. (b)Notice. If Seller obtains notice of the commencement of or the threatened commencement of eminent domain or condemnation proceedings with respect to the Property, Seller shall notify the Purchaser in writing. 9. Broker’s Commission. Seller and Purchaser each hereby represents and warrants to one another that neither of them has engaged the services of any real estate agent or broker. Seller and Purchaser each agree that, to the extent any real estate commission or brokerage and/or finder’s fee shall be earned or claimed in connection with this Agreement or the Closing, the payment of such fee or commission, and the defense of any action in connection therewith, shall be the sole and exclusive obligation of the party who requested the services of the broker and/or finder. In the event that any claim, demand or cause of action or brokerage and/or finder’s fee is asserted against the party to this Agreement who did not request such services, the party through whom the broker or finder is making the claim shall indemnify, defend (with an attorney of the indemnitee’s choice) and hold harmless the other from and against any and all such claims, demands and causes of action and expenses related thereto, including (without limitation) attorneys’ fees and costs. 10. Assignment. The Purchaser may assign this Agreement to an entity in which the Purchaser has a controlling or majority interest without the prior written consent of the Seller. Except as set forth in the immediately preceding sentence, no party shall assign any of its rights or delegate any of its duties under this Agreement without the prior written consent of the other party hereto. Any attempted assignment or delegation of this Agreement by the Purchaser or Seller in violation of this Section 10 shall be void. 11.Notices. All notices under this Agreement shall be in writing and sent (a) by certified or registered mail, return receipt requested, in which case notice shall be deemed delivered three (3) Business Days after deposit, postage prepaid in the United States Mail, (b) overnight by a nationally recognized overnight courier such as UPS Overnight, or FedEx, in which case notice shall be deemed delivered one (1) Business Day after deposit with that courier, (c) by personal delivery, in which case notice shall be deemed delivered upon the actual date of delivery, or (d) by email, in which case notice shall be deemed delivered upon the actual date of delivery. All notices shall be delivered to the following addresses (unless changed by written notice to the other persons given in accordance with this Section 11: To Purchaser: City of National City 1243 National City Boulevard National City, California 91950 Attn: Steve Manganiello Email: smanganiello@nationalcityca.gov Page 254 of 546 13 Copy to: Christensen & Spath LLP 401 West A Street, Suite 2250 San Diego, California 92101 Attn. Walter F. Spath, Esq. Email: wfs@candslaw.net To Seller: Walter and Louise Morawa 43757 La Cruz Drive Temecula, CA 92590-3369 Email: morawaw@yahoo.com 12. No Prorations. The Purchaser is purchasing a strip of real property and the Property once purchased by the Purchaser will not be subject to real property taxes and assessments, therefore no prorations shall be made with regard to the Property. 13. General Provisions. (a) Governing Law. This Agreement shall be interpreted and construed in accordance with California law. (b) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (c) Captions. The captions in this Agreement are inserted for convenience of reference and in no way define, describe or limit the scope or intent of this Agreement or any of the provisions of this Agreement. (d) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors, heirs and permitted assigns. (e) Modifications; Waiver. No waiver, modification, amendment, discharge or change of this Agreement shall be valid unless it is in writing and signed by the party against which the enforcement of the modification, waiver, amendment, discharge or change is sought. (f) Entire Agreement. This Agreement contains the entire agreement between the parties relating to Purchaser’s acquisition of the Property from Seller and all prior or contemporaneous agreements, understandings, representations or statements, oral or written, are superseded. (g) Partial Invalidity. Any provision of this Agreement which is unenforceable, invalid, or the inclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full effect. Page 255 of 546 14 (h) Survival; No Merger. This Agreement, including without limitation, all representations, warranties, covenants, agreements, indemnities and other obligations of Seller and Purchaser in this Agreement, shall survive the Closing of this transaction and will not be merged into the Grant Deed or any other document. (i) No Third-Party Rights. Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties to this Agreement and their respective successors and assigns, any rights or remedies. (j) Time Of Essence. Time is of the essence in this Agreement. (k) 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. All claims, disputes, causes of action or controversies shall be subject solely to the jurisdiction of the San Diego Superior Court, Downtown Branch. (l) Relationship. Nothing contained in this Agreement shall be deemed or construed by the parties or by any third person to create a relationship of principal and agent or partnership or a joint venture between Purchaser and Seller or between either or both of them and any third party. (m) Recording. This Agreement shall not be recorded. (n) Purchaser Approval. Where this Agreement refers to an action or approval of the Purchaser, it shall mean the approval of the Executive Director of the Purchaser, or designee, unless otherwise provided. (o) 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. (p) Independent Counsel. Seller and Purchaser each acknowledge that: (i) they have been given the opportunity to be represented by independent counsel in connection with this Agreement; (ii) they have executed this Agreement with the advice of such counsel, if such counsel was retained; and (iii) this Agreement is the result of negotiations between the parties hereto and the advice and assistance of their respective counsel, if such counsel was retained. The fact that this Agreement was prepared or negotiated by Purchaser’s or Seller’s counsel as a matter of convenience shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against either party due to the fact that Purchaser’s or Seller’s counsel prepared or negotiated this Agreement in its final form. (q) Capacity and Authority. 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, represent Page 256 of 546 15 and warrant to the other party 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 have executed this Agreement as of the date first above written. SELLER: Walter Morawa and Louise Morawa Joint Living Trust By:_________________________________ Walter Morawa, Trustee By:_________________________________ Louise Morawa, Trustee [SIGNATURES CONTINUED ON FOLLOWING PAGE] Page 257 of 546 16 PURCHASER: City of National City By:__________________________________ Benjamin A. Martinez, City Manager APPROVED AS TO FORM: By: ______________________________________ Barry J. Schultz, City Attorney Page 258 of 546 17 Exhibit A Legal Description of the Property All that certain real property situated in the City of National City, County of San Diego, State of California, described as follows: (PORTION OF PARCEL APN 557-250-38) THAT PORTION OF 40 ACRE LOT 1, QUARTER SECTION 132 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOW: BEGINNING AT A 3/4 INCH IRON PIPE AND DISC ILLEGIBLE ACCORDING TO PARCEL MAP NUMBER 20521 FILED IN THE OFFICE OF THE COUNTY RECORDER ON JUNE 27, 2008 BEING THE SOUTHEASTERLY CORNER OF THE NORTHWESTERLY QUARTER OF SAID 40 ACRE LOT 1, BEING ALSO THE SOUTHEASTERLY CORNER OF PARCEL 1 DESCRIBED ON INSTRUMENT NUMBER 1998-0639957 RECORDED ON OCTOBER 5, 1998 OFFICIAL RECORDS, SAN DIEGO COUNTY RECORDER’S OFFICE; THENCE NORTH 17° 46’ 29” WEST 134.25 FEET ALONG THE NORTHEASTERLY LINE OF SAID NORTHWESTERLY QUARTER TO THE NORTHEASTERLY CORNER OF SAID PARCEL 1; THENCE SOUTH 71° 59’ 32” WEST 20.00 FEET ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1; THENCE PARALLEL TO SAID NORTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 17° 46’ 29” EAST 134.22 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY QUARTER WHICH IS SOUTH 72° 06’ 02” WEST 20.00 FEET FROM SAID SOUTHEASTERLY CORNER OF SAID NORTHWESTERLY QUARTER; THENCE PARALLEL TO SAID NORTHEASTERLY LINE OF SAID PARCEL 1, SOUTH 17° 46’ 29” EAST 8.04 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF PARCEL 2 DESCRIBED ON SAID INSTRUMENT 1998-0639957; THENCE NORTH 50° 12’ 52” EAST 21.57 FEET ALONG SAID SOUTHEASTERLY LINE OF PARCEL 2 TO THE SOUTHEASTERLY CORNER OF SAID PARCEL 1, BEING ALSO THE POINT OF BEGINNING; AREA: 2765.11 SQFT (0.063 AC) MORE OR LESS. BASIS OF BEARING: CALIFORNIA COORDINATE SYSTEM NAD 83, ZONE 6, BETWEEN POINT NUMBERS 1236 AND 1237 AS SHOWN ON ROS 14492. Page 259 of 546 1 Recording Requested By: When Recorded Mail To And Mail Tax Statements To: City of National City 1243 National City Boulevard National City, California 91950 Attn: City Manager Portion of APN: 557-250-38-00 The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $0.00; CITY TRANSFER TAX n/a [ ] computed on the consideration or full value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, [ ] unincorporated area; [ X ] City of National City, and [ X ] Exempt from transfer tax; Reason: Calif. Rev. & Tax. Code §11922 GRANT DEED THE UNDERSIGNED GRANTOR DECLARES: FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Walter and Louise Morawa, Trustees of the Walter Morawa and Louise Morawa Joint Living Trust (“Grantor”) hereby grants to City of National City (“Grantee”) All of that certain real property in the City of National City, County of San Diego, State of California described on Exhibit A attached hereto. GRANTOR: Walter Morawa and Louise Morawa Joint Living Trust By:_________________________________ Dated as of _________, 2024 Walter Morawa, Trustee By:_________________________________ Dated as of _________, 2024 Louise Morawa, Trustee Page 260 of 546 2 ACCEPTANCE This is to certify that the interest(s) in real property conveyed by this instrument to the City of National City, are hereby accepted by the undersigned officer on behalf of the City of National City, pursuant to authority conferred by resolution of the City of National City adopted on ___________, 2024, and the Grantee consents to recordation thereof by its duly authorized officer. City of National City By:__________________________________ Dated: __________, 2024 Benjamin A. Martinez, City Manager APPROVED AS TO FORM: By: ______________________________________ Barry J. Schultz, City Attorney Page 261 of 546 3 ACKNOWLEDGMENT State of California ) ) County of San Diego ) On ____________________, 2024, before me, _________________________________, notary public, personally appeared __________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Page 262 of 546 4 ACKNOWLEDGMENT State of California ) ) County of San Diego ) On ____________________, 2024, before me, _________________________________, notary public, personally appeared __________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Page 263 of 546 K: \ S N D _ M U N I \ 0 9 5 8 1 1 3 1 5 - C E N T R A L C O M M M O B I L I T Y E N H A N C E M E N T S \ D E S I G N \ E X H I B I T S \ 2 0 2 3 . 1 0 . 1 9 _ N A V E N U E R O W E X H I B I T \ 2 0 2 3 . 1 0 . 1 9 _ N A V E N U E R O W E X H I B I T . D W G 401 B STREET, SUITE 600, SAN DIEGO, CA 92101 PHONE: 619-234-9411 WWW.KIMLEY-HORN.COM N AVENUE ROW EXHIBIT 10/19/2023 095811315JOB NO.: DATE: THIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY KIMLEY-HORN AND ASSOCIATES, INC. SHALL BE WITHOUT LIABILITY TO KIMLEY-HORN AND ASSOCIATES, INC. COPYRIGHT KIMLEY-HORN AND ASSOCIATES, INC., 2023 NORTH 0 GRAPHIC SCALE AS SHOWN 10 20 FOR DISCUSSION PURPOSES ONLY 557-250-38 557-180-16 557-250-01 557-173-03 1 3 4 . 3 ' 1 4 2 . 4 ' 5.4' 6 . 1 ' 15.0' 20.0' Total Area: 2,720.61 SF Page 264 of 546 Page 265 of 546 Carpenter Real Estate Consulting 12502 Pacato Circle South San Diego, CA 92128 kent.carpenter1@gmail.com April 22, 2024 Greg Rose, Property Agent City of National City 140 E. 12th Street Suite B National City, CA 91950 Main (619)336-4266 grose@nationalcityca.gov Re: Partial Acquisition Appraisal on property located at 924-46 N Avenue National City, CA 91950 (APN 557-250-38) Dear Mr. Rose: At your request and authorization, I have prepared a summary appraisal report of the market value for a partial acquisition on the above-referenced real property. Data, information, and calculations leading to the value conclusion are incorporated in the report following this letter. The report, in its entirety, including all assumptions and limiting conditions, is an integral part of, and inseparable from, this letter. Your attention is directed to the Addenda which contains the assumptions and limiting conditions. The following appraisal sets forth the most pertinent data gathered, the techniques employed, and the reasoning leading to the opinions of value. The analyses, opinions and conclusions were developed, and this report has been prepared, in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) and the Code of Professional Ethics of the Appraisal Institute. The appraisal has been completed subject to the Assumptions & Limiting Conditions contained within the report. Additionally, the concluded value is based on the findings presented in the highest and best use section of the report. By virtue of my experience and based upon my investigation, my findings regarding the fair market value of the requested partial acquisition as of April 19, 2024, is as follows: $164,000 Page 266 of 546 Please refer to the attached appraisal report, plus exhibits, for a summary of the supporting documentation for the value estimate contained herein. Respectfully submitted, Kent J. Carpenter, MAI Carpenter Real Estate Consulting California License AG003087 Expiration Date: January 23, 2025 Page 267 of 546 Page | 1 EXECUTIVE SUMMARY Property Address: 924-46 N Avenue, National City, CA 91950 APN(s): 557-250-38 Property Type: Multi-Family Residential Report Format: Appraisal Report Date of Appraisal Report: April 22, 2024 Date of Value: April 19, 2024 Real Estate Interest Appraised: Partial Acquisition in Fee Simple Function of the Appraisal: Potential acquisition for client’s project Location: The property is located in an older established residential neighborhood (single-family & multi-family), north of the commercial/retail corridor of E. Plaza Blvd. Zoning: RM-3 (Very High-Density Multi-Unit Residential) General Plan: Multi-Family Improvements Description: Pepper Hill Apartments that contain 34-units of two-story design and built in 1975. Larger Parcel Description: Irregular shaped parcel containing 1.50 acres per assessor’s plat map. The site contains level, terraced areas where the various apartment buildings are located. The site does not have direct access from E. Plaza Blvd. and is accessed only from the north via a half width (single lane) improved public road in front of the larger parcel. The property has 136 feet of frontage on N Avenue. Acquisition Size: 2,721 square feet Highest and Best Use: Multi-Family Residential Concluded Value: $164,000 Extraordinary Assumptions (EA) & Hypothetical Conditions (HC): 1. EA - The larger parcel value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any environmental conditions, or for any expertise or engineering knowledge required to discover them. 2. EA - As an apparent street improvement, it is assumed that (1) the asphalt paving in the acquisition area was installed by the city of National City with no compensation warranted to the owner of the subject property, and (2) the concrete driveway apron will either be protected in place or replaced “in-kind” as part of the construction contract. 3. EA – It is assumed that as part of the construction contract for the proposed public improvements in the acquisition area, that an appropriately designed and constructed retaining wall will be provided to merge the planned public improvements with the slope and existing concrete walkway that provides pedestrian access to the property. Page 268 of 546 Page | 2 Purpose of Appraisal The purpose of this appraisal is to estimate the Fair Market Value of the proposed acquisition on the defined larger parcel. Intended User The intended user of this appraisal report is the client, Greg Rose, property agent with the city of National City. Anyone else using or relying on this appraisal is considered an unintended user and no fiduciary obligation is owed by the appraiser to that party. Intended Use The intended use of this appraisal report is for potential acquisition of the premises being appraised (partial acquisition). The appraisal cannot be used for evaluation for collateral for a loan, collateral for bond funding, appealing taxes, submission to Superior Court for condemnation, etc. Definition of Market Value The purpose of this report is to initially render an opinion of the fair market value of the fee simple interest of the land for the larger parcel. Market Value, as used in this report, is defined below. The following definitions and discussions are extracted from the State of California Code of Civil Procedure, Title 7, Eminent Domain Law, Chapter 9. Fair Market Value - CCP Section 1263.320 1) (a) "The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purpose for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable." Fair Market Value of Property Taken - CCP Section 1263.330 1) The fair market value of the property taken shall not include any increase or decrease in the value of the property that is attributable to any of the following: (a) The project for which the property is taken. (b) The eminent domain proceeding in which the property is taken. (c) Any preliminary actions of the plaintiff relating to the taking of the property. Compensation for Injury to Remainder - CCP Section 1263.410 1) (a) "Where the property acquired is part of a larger parcel, in addition to the compensation awarded pursuant to Article 4 (discussed above), for the part taken, compensation shall be awarded for the injury, if any, to the remainder. (b) Compensation for injury to the remainder is the amount of the damage to the remainder reduced by the amount of benefit to the remainder. If the amount of benefit to the remainder equals or exceeds the amount of the damage to the remainder, no compensation shall be awarded under this article. If the amount of the benefit to the remainder exceeds the amount of damage to the remainder, such Page 269 of 546 Page | 3 excess shall be deducted from the compensation provided in Section 1263.510 (Compensation for Loss of Goodwill), if any, but shall not be deducted from the compensation required to be awarded for the property taken for from the other compensation required by this chapter." Damages - CCP Section 1263.420 1) Damage to the remainder is the damage, if any, caused by either or both of the following: (a) "The severance of the remainder from the part taken. (b) The construction and use of the project for which the property is taken in the manner proposed by the plaintiff whether or not the damage is caused by a portion of the project located on the part taken." Benefits - CCP Section 1263.430 1) Benefit to the remainder is the benefit, if any, caused by the construction and use of the project for which the property is taken in the manner proposed by the plaintiff whether or not the benefit is caused by a portion of the project located on the part taken. Delay – CCP Section 1263.440 1) (a) The amount of any damage to the remainder and any benefit to the remainder shall reflect any delay in the time when the damage or benefit caused by the construction and use of the project in the manner proposed by the plaintiff will actually be realized. (b) The value of the remainder on the date of valuation, excluding prior changes in value as prescribed in Section 1263.330, shall serve as the base from which the amount of any damage and the amount of any benefit to the remainder shall be determined. Project as Proposed – CCP Section 1263.450 Compensation for injury to the remainder shall be based on the project as proposed. Any features of the project which mitigate the damage or provide benefit to the remainder, including but not limited to easements, crossings, underpasses, access roads, fencing, drainage facilities, and cattle guards, shall be taken into account in determining the compensation for injury to the remainder. Fee simple estate is defined as: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat.1 Date of the Appraisal The effective date of value is the date of property inspection, or April 19, 2024. The date of this appraisal report is April 22, 2024. Owner of Record & Property History According to the submitted title report, title to the larger parcel is vested in Walter Morawa and Louise Morawa, husband & wife as joint tenants. The property has not experienced an arms-length transaction during the past five years. 1 The Dictionary of Real Estate Appraisal, Fifth Edition (Chicago: Appraisal Institute, 2010), p. 78. Page 270 of 546 Page | 4 Scope of Work In order to complete this assignment, I identified all assignment conditions; determined an appropriate scope of work; collected general and specific data on the district, neighborhood, market area, subject property and comparable properties; analyzed the data gathered; applied the appropriate approaches to value; and reconciled all indications of value into a final value estimate for interest being appraised. My investigation, value opinion and analyses comply with the Uniform Standards of Professional Appraisal Practice and is unbiased and impartial. No predetermined value or opinion formed the basis of any conclusions stated in this appraisal. The depth of the investigation and analysis is meant to be in keeping with the purpose and intended use of the appraisal. Page 271 of 546 Page 272 of 546 Page | 6 Local Overview National City is a city in the southwest portion of San Diego County. The city lies about 3 miles to the southeast of San Diego. Additional neighboring cities include Chula Vista (3 miles), Paradise Hills (2 miles), and Rancho Del Rey (4 miles). Extending a total of 9.12 square miles, the city consists mostly of land, with approximately 20% of the area being covered by water. The automobile is the predominant mode of transportation for the city’s workforce, with 89% of the working population using a car, truck, or van to travel to their places of employment. Public Transportation is utilized by 5% of the workforce, while another 3% either walk or use an alternative means to get to work. National City is accessible by Interstate 5, Interstate 805 and State Route 54. The city’s major surface streets include: • National City Boulevard • Harbor Drive • Highland Avenue • Euclid Avenue • Sweetwater Road • Plaza Boulevard • Division Street • E 24th Street Demographic Factors The following table summarizes the demographics of National City: Page 273 of 546 Page | 7 Larger Parcel Description Aerial View Proposed Acquisition Exhibit Page 274 of 546 Page | 8 Site Description (Larger Parcel) General Site Information Address: 924-46 N Avenue, National City, CA 91950 Location: The property is located in an older established residential neighborhood (single-family & multi-family), north of the commercial/retail corridor of E. Plaza Blvd. Legal Description: See Addenda section of this report Current Owner(s): City of National City Community Development Commission. 5 Year Sales History: The property has been owned by the current owner for many years. There have been no “arms-length” sales of the subject property within the past 5 years. The property is not currently listed for sale. Zoning: RM-3 (Very High-Density Multi-Unit Residential) General Plan: Multi-Family Assessor Parcel Number(s): 557-250-38 Tax Assessments: According to public records, the property is assessed at $889,033 for land, $1,349,453 for improvements, and a total assessment of $2,238,486. Annual taxes are $41,763. Page 275 of 546 Page | 9 Physical Characteristics of the Site Total Site Area: 1.50 acres (65,340 square feet) Frontage: N Avenue Shape: Irregular Topography: Terraced, level areas with area views Access: The property is accessed by N Avenue, a partially completed (1/2 width) public road that extends from the neighborhood to the north and does not connect to E. Plaza Blvd. Easements: A preliminary title report was submitted which indicated a variety of exceptions, including easements on the larger parcel. However, no plottage of easements was submitted for review. It is assumed that there are no adverse easements, encroachments or conditions that would impact the development of the larger parcel to its highest and best use. Furthermore, it is assumed that there are no easements in the acquisition area in the “before condition” (access, utilities, etc.) that would negatively impact the continued use of the property in the “after condition”. Site Condition: The property has frontage on a paved, public road with partial curbs, gutters, and sidewalks on the adjoining property to the north. Additionally, all utilities are available to the site. Flood Designation: Zone X, X500 (Map 060293 – 06073C1912G) dated 5/16/12) indicating the property to have a portion outside the 100 and 500-year flood plains, and a portion in the 500- year flood plain. Environmental/Soils: There was nothing discovered which would indicate there are environmental issues associated with the larger parcel. However, the appraiser is not qualified to detect hazardous waste and/or toxic materials. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous material may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. Page 276 of 546 Page | 10 Plat Map The following is a plat map showing the size, shape and location of the larger partial on which the partial acquisition is proposed. Page 277 of 546 Page | 11 Flood Map Page 278 of 546 Page 279 of 546 Page 280 of 546 Page 281 of 546 Page | 15 Looking west from acquisition area at entry walk to subject apartments Looking west from N Avenue at sloping characteristics of acquisition area Page 282 of 546 Page 283 of 546 Page 284 of 546 Page 285 of 546 Page | 19 Valuation Analysis Highest and Best Use (Before Condition) The highest and best use of any property depends upon the physical and legal restrictions imposed by the size, shape, location and zoning of the site, and the size, siting, quality and condition of the improvements. As the proposed acquisition does not impact the building improvements, the highest and best use analysis is made of the land as if vacant. The use must be (1) physically possible, (2) legally permissible, (3) financially feasible, and (4) maximally productive. Legally Permissible - The current zoning of the property is RM-3 (Very High-Density Multi-Unit Residential). The purpose of the RM-3 zone is to provide for mid- to high-rise, very high density (forty-nine to seventy-five dwelling units per acre) multiple family residential. Uses allowed within this zone include family day-care homes, single and multi-family dwelling units, transitional/Supportive housing, and urban agriculture. The Multi-Family General Plan designation for the property is supportive and consistent with the zoning designation and allows for similar type land uses. The existing apartment building improvements comply with the land use restrictions currently in place. Physically Possible - The site is a level, terraced site that is above the grade of N Avenue, has utilities available, frontage on N Avenue, and views of the surrounding area. Access to the property comes from a partially completed public road (1/2 width), which dead ends just south of the subject property. Overall, the physical characteristics of the site are such that a variety of uses could be accommodated on the site. This is supported by the feasible layout and design of the apartment buildings currently on the site which maximize views of the surrounding area and provide adequate access and project amenities. Financially Feasible – Based on the existing land use controls, the land use patterns in the immediate area, and the existing apartment building improvements on the site, the most financially feasible use of the property would be for continued use of the building improvements as rental apartments. Maximally Productive – Considering the discussion above, it is concluded that the maximally productive use of the property is for continued use of the property as an apartment complex. Highest and Best Use (After Condition) The size and location of the proposed acquisition is along the eastern property line in an area that is virtually unimproved (a concrete driveway apron and some asphalt at the south end). Additionally, there is sloping topography in the majority of the acquisition area which renders it unusable in terms of its significant contributory value to the apartment complex as a whole (access, project amenities, etc.) This is corroborated by the historical lack of improvement or integration of the acquisition area into the existing project. While some of the acquisition area is used for automobile parking, this is done more out of convenience than necessity, with the on-site parking being sufficient to comply with the parking requirements under current zoning. It is observed and concluded that the acquisition of this area will have no impact on the utility or value of the larger parcel as a whole, with no change in the concluded highest and best use of the property in the after condition. Page 286 of 546 Page | 20 Appraisal Procedures Followed, Methodologies The proposed acquisition on the larger parcel will be valued based on current zoning and the concluded highest and best use. The valuation of the interest being acquired on the larger parcel will be accomplished through the following steps: • Valuation of the Larger Parcel • Value of the Parts Acquired • Value of the Remainder as part of the Whole • Value of the Remainder Before Consideration of Benefits • Severance Damages • Project Benefits • Valuation of Proposed Acquisition • Fair Market Value of Acquisition Larger Parcel Determination In conducting this appraisal, I have examined the issue of the “Larger Parcel” as it relates to the economic unit which is appropriate for analysis. Issues considered in this Larger Parcel analysis include: 1. Commonality of ownership; 2. Physical contiguity; and, 3. Common use and/or common highest and best use. Research indicates that there are no other parcels that meet the above criteria. Therefore, the concluded larger parcel is a single parcel containing 65,340 square feet. For the appraisal of the larger parcel, only the sales comparison approach will be undertaken. Neither the cost approach nor the income capitalization approach is appropriate valuation methods when valuing vacant land. The sales comparison approach derives a market value opinion by making a comparative analysis of recently sold properties having similar characteristics to the property being appraised. Each sale property is compared to the subject propert y focusing on similarities and differences that influence value. Sales Comparison Approach Several sales have been selected to process the sales comparison approach to value. On a following page is a summary of the market data, followed by a Market Data Map which shows the relative location of each sale to the subject property. After this is a discussion of each of the sales, comparing each to the subject property for each relevant element of comparison and from this analysis an appropriate value indication is concluded. The sale properties are all located within the surrounding communities and are considered part of the same market area. The sales search extended back to 2022, with all the sales occurring between 2022 and 2024. All the comparable data are properties that would be considered reasonable alternatives to a purchase of the subject property. The properties range in size from 11,874 to 68,389 square feet which is a reasonable range compared to the size of the larger parcel. Overall, this is considered a very reasonable data set from which to estimate the market value of Page 287 of 546 Page | 21 the larger parcel, being valued as a vacant site. The sales are all relatively capable of being developed with the components inherent in the concluded highest and best use. Attempts were made to verify each sale with a party to the transaction but some of the sales information is based solely on public records; Costar, RealQuest, LandVision, and personal inspection. Verifications are pending for those transactions. They were found to be sufficiently credible to rely upon for the valuation, and represent the type of information th at informed buyers, sellers and other market participants consider when making decisions regarding real estate in this market. Several sources were used to confirm the credibility of the information before it was used. Due to the relative lack of sales and listings of industrial properties in National City, the sales search was expanded to include other adjoining communities such as southeast San Diego and Chula Vista. Overall, the comparable sales selected are considered a very reasonable data set from which to estimate the market value of the land for the subject property on an as-is basis. Page 288 of 546 Page | 22 Comparable Summary Page 289 of 546 Page | 23 LAND COMPARABLES LOCATION MAP Page 290 of 546 Page | 24 Data No. A – This is the sale of two adjoining parcels located across the street from the subject property with the same zoning. The purpose of the RM-3 zone is to provide for mid- to high-rise, very high density (forty-nine to seventy-five dwelling units per acre) multiple family residential. Permitted uses by right in this zone include small and large days care centers, single-family homes (attached & detached), parks & open space, transitional housing, and urban agriculture. Other uses are permitted with a conditional use permit include bed & breakfast inns, dormitories, public assembly, accessories to religious facilities, and rooming/boarding houses. The topography of the property (sloping along the western property line) results in the usable area of the property being approximately 36,410 square feet which results in a price per square foot of $59.05. This is more in line with the price range indicated by the balance of the comparables. Data No. B – Th is the sale of a parcel located just to the south of the subject property in the city of Chula Vista. The property is in a neighborhood that is characterized by many multi-family developments. The purpose of the R-3 zone is to provide appropriate locations where apartment house neighborhoods of varying degrees of density may be established, maintained, and protected. The regulations of this district are designed to promote and encourage an intensively developed residential environment, with appropriate environmental amenities such as open areas, landscaping and off-street parking. Data No. C – This is the sale of a property located to the north of the subject property in the Mission Hills neighborhood of the city of San Diego. While well located in a desirable neighborhood with views of the surrounding area, the property has a severely sloping topography that would increase its development costs. The purpose of the RM zones is to provide for multiple dwelling unit development at varying densities. The RM zones individually accommodate developments with similar densities and characteristics. Each of the RM zones is intended to establish development criteria that consolidates common development regulations, accommodates specific dwelling types, and responds to locational issues regarding adjacent land uses. The RM-1-1 zone permits a maximum density of 1 dwelling unit for each 3,000 square feet of lot area. Data No. D– This is the sale of a property located to the north of the subject property in the southeast San Diego neighborhood. The property is improved a variety of older building structures given no value in the purchase of the property. The purpose of the CN zones is to provide residential areas with access to a limited number of convenient retail and personal service uses. The CN zones are intended to provide areas for small scale, low intensity developments that are consistent with the character of the surrounding residential areas. The zones in this category may include residential development. Property within the CN zones will be primarily located along local and selected collector streets. CN-1-3 allows development with a pedestrian orientation and permits a maximum density of 1 dwelling unit for each 1,500 square feet of lot area. Data No. E – Th is the sale of a property located to the north of the subject property in the Claremont neighborhood of the city of San Diego. The property is located on a major arterial, has good access and exposure, and has been used for paved parking in a neighborhood of older single-family homes and schools. The purpose of the RM zones is to provide for multiple dwelling unit development at varying densities. The RM zones individually accommodate developments with similar densities and Page 291 of 546 Page | 25 characteristics. Each of the RM zones is intended to establish development criteria that consolidates common development regulations, accommodates specific dwelling types, and responds to locational issues regarding adjacent land uses. The RM-1-1 zone permits a maximum density of 1 dwelling unit for each 1,500 square feet of lot area. Data No. F – This is the sale of a long, narrow property located to the north of the subject property in the southeast San Diego neighborhood. The property has varied topography, has frontage on a public road, and is located in a neighborhood of both single-family and multi-family homes. The purpose of the RM zones is to provide for multiple dwelling unit development at varying densities. The RM zones individually accommodate developments with similar densities and characteristics. Each of the RM zones is intended to establish development criteria that consolidates common development regulations, accommodates specific dwelling types, and responds to locational issues regarding adjacent land uses. The RM-1-1 zone permits a maximum density of 1 dwelling unit for each 1,500 square feet of lot area. Adjustments A summary of adjustment considerations when comparing the comparables sales to the subject property is presented as follows: Interest Conveyed – All of the comparables were fee simple sales with no adjustments necessary. Conditions of Sale – Adjustments for listing status or atypical sale conditions did not exist in any of the sales with no adjustments necessary. Financing – All of the sales involved market financing, cash equivalent sales with no adjustments necessary. Market Conditions - In this real estate market for this type of property, market conditions for industrial land like the subject are considered to have been stable between the oldest comparable sale date through the effective valuation date. This conclusion is based upon the low transaction volume, lack of meaningful trend demonstrated by the data, lack of overall development in the area, and is supported by our interviews with market participants. Location – Adjustments were based on the surrounding land uses and the presence of or lack of synergy. The subject is located west of the I-805 freeway in an older residential area. The majority of comparables are located in areas deemed superior due to their higher rent producing capabilities in the multi-family sector. The comparables have been adjusted accordingly. Access/Views – This category takes into consideration such things as frontage on public views and views of the surrounding area for future rental units. The comparables have been adjusted accordingly. Topography – Comparable A has inferior topography and less usable areas due to slopes, while Comparables C and F were also inferior in topography and adjusted accordingly. Page 292 of 546 Page | 26 Parcel Size/Shape – Typically, smaller sized parcels will sell for more on a per square foot basis than larger parcels. However, in the multi-family sector, larger parcels are more valuable due to their expanded capacity for more units and amenities. The comparables have been adjusted accordingly. Zoning – The highest and best use of the subject was concluded to be for multi-family development. While there are slight variations in allowable density in the multi-family zoned comparables, there is not enough market evidence for density adjustments. As such, all of the comparables are deemed comparable with no adjustments warranted. Utilities – All of the sales had utilities that were either connected or immediately available and were considered similar to the subject property. Entitlements – The subject property is being valued as vacant on an unentitled basis. All of the comparables are considered similar to this valuation premise with no adjustments warranted. An adjustment grid is presented below which addresses these adjustment categories. The analysis is qualitative in nature and is intended to recognize value influencing features that could have an impact on the value of the subject property. Page 293 of 546 Page | 27 Value Conclusion After considering differences between these data items and the subject property, they demonstrate that the subject property should be worth more than $50.39 per square foot, something less than $87.12 per square foot, and something similar to the range of $57.99 to $60.64 per square foot. With primary consideration placed on the sales providing these valuation points of reference, a value of $60.00 per square foot has been concluded for the subject property. This would provide an indicated value for the larger parcel of $3,920,000 on a rounded basis ($60.00 x 65,340 square feet). Value of the Part Acquired A fee simple acquisition of a portion of the larger parcel (see below) is being proposed to accomplish the client’s planned project. The proposed acquisition will be improved with public improvements that will not yield any residual use or benefit to the property owner. As such, the value of the acquisition will be based on the previously concluded unit value for the larger parcel. As concluded, a land value of $60.00 will be applied to the acquisition area (2,721 square feet), resulting in a value for the acquisition area of $163,260. Value of the Remainder in the After Condition The value of the remainder after the acquisition but before consideration of benefits can be discussed based primarily on the previously discussed value conclusions and market data. Due to the relatively large size of the larger parcel and the relatively small size and location of the proposed acquisition along the property line, it is concluded that the highest and best use would not be Page 294 of 546 Page | 28 impacted in the after condition by the proposed acquisition. Additional support for non-impact on the property from the proposed acquisition stems from the fact that the acquisition area has sloping topography, sits below the grade of the improved portion of the property, and with the exception of some cars being parked in this perceived unimproved street area on an unmanaged “rogue” basis, does not contribute to the viability of the property as improved. On-site parking is sufficient to satisfy the parking requirements imposed by current zoning, with this “rogue” parking not necessary to comply with current parking requirements. Therefore, the highest and best use of the property in the “after condition” is the same as in the “before” condition. Severance Damages Severance damages are equal to the difference between the value of the remainder as a portion of the whole before any acquisition and the value of the remainder in the after condition before consideration of benefits. If the value of the remainder in the after condition is less than the value of the remainder as a portion of the whole before, the property suffers permanent severance damages. Damages can be caused by the actual taking or construction of the improvements in the manner proposed. It is concluded that the current use of the property is not negatively impacted by the proposed acquisition, which is an area that does not contribute to the viability of the operation of the property as an apartment complex. Additionally, with the larger parcel having the same highest and best use after the acquisition, no permanent damages are concluded from the acquisition. Project Benefits In the after condition, the subject property will have similar utility and usability to its before condition. Under California law, project benefits may only be used to offset severance damages. Potential benefits accruing to the subject property because of the acquisition and proposed improvements have been considered. However, because there are no damages to offset, the amount of the benefits, if any, from this project have not been calculated. Should it be determined there are damages, the appraiser reserves the right to calculate benefits. Site Improvements in the Acquisition Area No staking of the proposed acquisition area had occurred at the time of property inspection. However, based on inspection of the property, submitted engineers plat map, and aerial photos, it appears that the acquisition area is in an area that is partially unimproved (slopes) as well as a partially improved asphalt paved area. As an apparent street improvement, it is assumed that the asphalt paving in the acquisition area, presumably used by both the general public as well as tenants at the subject property, was installed by the city of National City with no compensation warranted to the owner of the subject property. Additionally, it is assumed that as part of the construction contract for the proposed public improvements in the acquisition area, that an appropriately designed and constructed retaining wall will be provided to merge the planned public improvements with the slope and existing concrete walkway that provides pedestrian access to the property. Therefore, no compensation for any site improvements is warranted to the property owner. Page 295 of 546 Page | 29 Valuation Summary On the preceding pages, I have developed opinions pertaining to the larger parcel and the components of which are relevant to the parts taken. A summary of the preceding discussion and analysis is presented below: Page 296 of 546 Page | 30 Assumptions and Limiting Conditions This report is made expressly subject to the standard assumptions and conditions which are a normal part of any real estate appraisal. 1. The term "Market Value", as used in this report, is defined previously. 2. The date of value to which the conclusions and opinions expressed in this report apply, is as set forth previously in this letter. Further, the dollar amount of any value opinion rendered in this report is based upon the purchasing power of the American dollar existing on that date. 3. The appraiser assumes no responsibility for economic or physical factors which may affect the opinions in this report which occur after the date of this letter transmitting the report. 4. The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy. 5. The appraiser reserves the right to make such adjustments to the analyses, opinions and conclusions set forth in this report as may be required by consideration of additional data or more reliable data that may become available. 6. No opinion as to title is rendered. Title is assumed to be marketable and free and clear of all liens, encumbrances, easements and restrictions except those specifically discussed in the report. The property is appraised assuming it to be under responsible ownership and competent management, and available for its highest and best use. 7. The appraiser assumes no responsibility for hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for arranging for engineering studies that may be required to discover them. 8. The property is appraised assuming it to be in full compliance with all applicable federal, state, and local environmental regulations and laws, unless otherwise stated. 9. The property is appraised assuming that all applicable zoning and use regulations and restrictions have been complied with, unless otherwise stated. 10. The property is appraised assuming that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based, unless otherwise stated. 11. No engineering survey has been made by the appraisers. Except as specifically stated, data relative to size and area was taken from sources considered reliable and no encroachment of real property improvements is considered to exist. 12. No opinion is expressed as to the value of subsurface oil, gas or mineral rights or whether the property is subject to surface entry for the exploration or removal of such materials except as expressly stated. 13. Maps, plats and exhibits included in this part are for illustration only as an aid in visualizing matters discussed within the report. They should not be considered as surveys or relied upon for any other purpose, nor should they be removed from, reproduced, or used apart from the report. 14. No opinion is intended to be expressed for matters which require legal expertise or specialized investigation or knowledge beyond that customarily employed by real estate appraisers. 15. That possession of this report, or a copy of it, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is Page 297 of 546 Page | 31 addressed without the written consent of the appraiser, and in any event only with proper written qualification and only in its entirety. 16. Unless specifically stated, this appraisal does not take into consideration the possibility of the existence of asbestos, PCB transformers or other toxic, hazardous, or contaminated substances and/or underground storage tank (hazardous material), or the cost of encapsulation or removing thereof. Should the client have concern over the existence of such substances on the property, we consider it imperative for you to retain the services of a qualified independent engineer or contractor to determine the existence and extent of any hazardous materials, as well as the cost associated with any required or desirable treatment or removal thereof. 17. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any environmental conditions, or for any expertise or engineering knowledge required to discover them. Descriptions and comments are the result of routine observations made during the appraisal process. Page 298 of 546 Certification The undersigned appraiser certifies that, to the best of his knowledge and belief: • The statements of fact contained in this report are true and correct. • The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions, and are his personal, impartial and unbiased professional analyses, opinions, and conclusions. • I have no present, prospective, direct or indirect interest in the property that is the subject of this report, nor personal interest or bias with respect to the parties involved. • I have no bias with respect to the property that is the subject of this report or to the parties involved in this assignment. • My engagement in this assignment was not contingent upon developing or reporting predetermined results. • My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result or the occurrence of a subsequent event directly related to the intended use of this appraisal. • The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. • Kent J. Carpenter, MAI has made a personal inspection of the property that is the subject of this report. • No one provided significant real property appraisal assistance to the appraiser signing this certification. • The appraiser signing this appraisal report has not provided an appraisal of the subject property in the three years immediately preceding acceptance of this assignment. There have been no other services, as an appraiser, or in any other capacity, in the previous three years. • As of the date of this report, Kent J. Carpenter, MAI, has completed the continuing education program of the Appraisal Institute. • The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. Very Truly Yours, Kent J. Carpenter, MAI Certified General Real Estate Appraiser Carpenter Real Estate Consulting California License AG003087 Page 299 of 546 Preliminary Tille Report Page 300 of 546 Page 301 of 546 Page 302 of 546 Page 303 of 546 Page 304 of 546 Page 305 of 546 Page 306 of 546 Page 307 of 546 Page 308 of 546 Comparable Sales Photographs DATA A DATA B Page 309 of 546 DATA C DATA D Page 310 of 546 DATA E DATA F Page 311 of 546 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AND SALE AGREEMENT AND ACCEPT THE GRANT DEED FROM WALTER MORAWA AND LOUISE MORAWA JOINT LIVING TRUST FOR THE PURCHASE OF A PORTION OF PARCEL APN 557-250-38 THAT FRONTS “N” AVENUE, JUST SOUTH OF E. 9TH STREET TO CONSTRUCT PEDESTRIAN AND BICYCLE IMPROVEMENTS. WHEREAS, the City of National City (“City”) desires to purchase a portion of parcel APN 557-250-38 that fronts “N” Avenue, just south of E. 9th Street to construct pedestrian and bicycle improvements as part of the Central Community Mobility Enhancements Project, CIP No. 19-23 (the “Project”); and WHEREAS, the partial acquisition was appraised at a fair market value of $164,000; and WHEREAS, the property owners, Walter and Louise Morawa, have agreed to sell the portion of property to the City for the appraised value; and WHEREAS, the Grant Deed requires City Council Resolution for acceptance so that it may be recorded at the close of escrow. 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 City Manager to execute the Purchase and Sale Agreement and accept the Grant Deed from Walter Morawa and Louise Morawa Joint Living Trust for the purchase of a portion of a parcel that fronts “N” Avenue in order to construct pedestrian and bicycle improvements. 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 3rd day of December, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 312 of 546 AGENDA REPORT Department: Planning Prepared by: Sophia Depew, Assistant Planner Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) Addition of Live Entertainment & Expansion of Approved Operating Hours for Beer & Wine Sales at an Existing Restaurant (Mariscos El Tiburon) Located at 543 Highland Avenue RECOMMENDATION: Staff Recommends Approval of the Request for Live Entertainment and Extended Operating Hours, Subject to the Recommended Conditions in the Attached Planning Commission Resolution No. 2024-19, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol and Live Entertainment are Conditionally-Allowed Uses in the Minor Mixed-Use Corridor Zone and Would be Accessory to Food Sales at the Restaurant. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: On November 18, 2024, the Planning Commission recommended approval of the CUP by a unanimous vote of those present. The motion recommended approval of the item with modified conditions of approval related to hours of operation: The sale of alcoholic beverages shall only be permitted between the hours of 9:00 a.m. and 10:00 p.m. Sunday to Thursday and between 9:00 a.m. and 11:00 p.m. Friday and Saturday. Live entertainment shall only be permitted between the hours of 4:00 p.m. and 10:00 p.m. Friday and Saturday and between 4:00 p.m. and 9:00 p.m. on Sunday. Ayes: Armenta, Castle, Forman, Miller, Valenzuela Recused: Sanchez Absent: Forman EXPLANATION: The restaurant was approved for a Conditional Use Permit in 1987 for incidental beer and wine sales (ABC Type-41) with hours ending at 9:00 p.m. Monday to Thursday and 10:00 p.m. Friday to Sunday. The applicant is requesting extended operating hours of 9:00 a.m. to 12:00 a.m. Monday to Thursday and 9:00 a.m. to 2:00 a.m. Friday to Sunday. The applicant is also requesting the addition of live entertainment from 4:00 p.m. to 1:30 a.m. Friday to Sunday. The Planning Commission conducted a public hearing on November 18, 2024, and voted to recommend approval of the request based on the attached findings and recommended Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. 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. Page 313 of 546 RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Balanced Budget and Economic Development ENVIRONMENTAL REVIEW: This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c). 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 – 11/18/2024 Planning Commission PowerPoint slides Page 314 of 546 Item no. 3 November 18, 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 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND CONDITIONAL USE PERMIT FOR THE ADDITION OF LIVE ENTERTAINMENT AND EXPANSION OF APPROVED OPERATING HOURS FOR BEER AND WINE SALES (ABC TYPE-41) AT AN EXISTING RESTAURANT (MARISCOS EL TIBURON) LOCATED AT 543 HIGHLAND AVENUE Case File No.: 2024-21 CUP Location: Northeast Corner of Highland Avenue and East 6th Street Assessor’s Parcel Nos.: 556-311-05-00 Staff report by: Sophia Depew, Assistant Planner Applicant: Socorro Vazquez Zoning designation: Minor Mixed-Use Corridor (MXC-1) Adjacent use and zoning: North: Commercial / MXC-1 East: Single-Family Residential / RS-2 & MXC-1 South: Multi-family Residential & Commercial / MXC-1 West: Commercial / MXC-1 Environmental review: Categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) Staff recommendation: Approve Page 315 of 546 Planning Commission Meeting of November 18, 2024 Page 2 Staff Recommendation Staff recommends approval of the request for live entertainment and extended operating hours, subject to the attached recommended conditions. The sale of alcohol and live entertainment are conditionally-allowed uses in the Minor Mixed- Use Corridor zone and would be accessory to food sales at the restaurant. Executive Summary The restaurant was approved for a Conditional Use Permit in 1987 for incidental beer and wine sales (ABC Type-41) with hours ending at 9:00 p.m. Monday to Thursday and 10:00 p.m. Friday to Sunday. The applicant is requesting extended operating hours of 9:00 a.m. to 12:00 a.m. Monday to Thursday and 9:00 a.m. to 2:00 a.m. Friday to Sunday. The applicant is also requesting the addition of live entertainment from 4:00 p.m. to 1:30 a.m. Friday to Sunday. Site Characteristics Mariscos El Tiburon is a 2,000 square-foot restaurant located on the northeast corner of Highland Avenue and East 6th Street within the Minor Mixed-Use Corridor (MXC-1) zone. Surrounding the restaurant is a mix of commercial and residential uses. The restaurant shares the lot with an attached commercial retail suite. Located behind the restaurant are single-family homes and across East 6th Street is an apartment complex. The restaurant dining area is located on the west side of restaurant, closest to Highland Avenue, while the kitchen and restrooms are located on the east side of the building located closest to the neighboring single-family homes. The dining area has 60 seats and an area dedicated for live entertainment. The number of seats includes the bar area, which has approximately five seats. The previous CUP prohibited alcohol from being served at the bar. However, recent approvals for restaurants have included bar dining areas. Therefore, this condition has not been carried over. The proposed live entertainment area is located on the north end of the dining area, along the shared wall with the retail suite. Proposed Use The applicant is proposing to expand the approved hours of operation for beer and wine sales (ABC Type-41) and add live entertainment at the restaurant. Proposed operating hours are 9:00 a.m. to 12:00 a.m. Monday to Thursday and 9:00 a.m. to 2:00 a.m. Friday to Sunday. Live entertainment (karaoke and live bands) is proposed Friday to Sunday from 4:00 p.m. to 1:30 a.m. Page 316 of 546 Planning Commission Meeting of November 18, 2024 Page 3 Analysis Section 18.30.050 of the Land Use Code allows for on -site alcohol sales and live entertainment with an approved Conditional Use Permit (CUP). Additional requirements for alcohol CUPs include expanded notification, a commun ity meeting, and distance requirements. City Council Policy 707 also regulates alcohol sales in the city. Hours of Operation The current Conditional Use Permit limits alcohol sales to 9:00 p.m. Monday to Thursday and 10:00 p.m. Friday to Sunday. Proposed operating hours are 9:00 a.m. to 12:00 a.m. Monday to Thursday and 9:00 a.m. to 2:00 a.m. Friday to Sunday. Live entertainment (karaoke and live bands) is proposed Friday to Sunday from 4:00 p.m. to 1:30 a.m. Restaurants with on-site alcohol sales and live entertainment have been approved with varying hours throughout the city. Most recently, Villa Manila (500 E 8th St,) was approved for alcohol sales and live entertainment between the hours of 3:30 p.m. and 9:00 p.m. Tuesday to Friday and 11:00 a.m. to 9:00 p.m. Saturdays and Sundays. In 2023, Friends of Friends (127 E 8th St,) was approved for on-site alcohol sales from 6:00 a.m. to 1:00 a.m. and live entertainment was approved from 12:00 p.m. to 10:00 p.m. Sunday to Thursday and 12:00 p.m. to 11:30 p.m. Friday and Saturday. Similarly, in 2022, Market on 8th was approved for on-site alcohol sales and live entertainment until 1:00 a.m. Based on the recently approved hours for restaurants with alcohol sales and live entertainment, staff is recommending alcohol sales from 9:00 a.m. to 11:00 p.m. Sunday to Thursday and 9:00 a.m. to 12:00 a.m. Friday and Saturday. Staff is also recommending live entertainment from 4:00 p.m. to 11:30 p.m. Friday & Saturday and 4:00 p.m. to 10:00 p.m. Sunday. These hours are consistent with previous approvals and reduces the potential that the restaurant morphs into a bar. It should be noted that a Type 41 ABC license (On Sale Beer & Wine – Eating Place) requires that alcohol sales not exceed food s ales. In addition, City Council 707 requires that alcohol must be purchased with food. Noise – Concerns related to live entertainment usually involve noise impacts to surrounding non-commercial uses. Being that the property, while zoned mixed- use, is adjacent to a residential use to the east, conditions are included to address those impacts. Conditions include requiring entry and exit doors, including windows, to remain closed during inside live entertainment activities, as Page 317 of 546 Planning Commission Meeting of November 18, 2024 Page 4 well as compliance with the limitations contained in Title 12 (Noise) of the Municipal Code. Mailing – All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol-related CUP applications. Notice of this public hearing was sent to 475 occupants and owners. Comments The Planning Division has not received any public comment as of the writing this report. Community Meeting - Pursuant to Section 18.30.050 (C) of the National City Zoning Code, a community meeting was held Wednesday, October 2, 2024 at 9:00 a.m. at the subject restaurant. The meeting advertisement is attached (Attachment 8); there were four community members in attendance. Distance Requirements - Chapter 18.030.050 (D) of the National City Zoning Code requires a 660-foot distance from any public school; there are no schools within 660 feet of the site. In addition, restaurants with greater than 30% of their area devoted to seating are exempt from this distance requirement. The property in question has approximately 50% of its floor area devoted to seating. Alcohol Sales Concentration/Location According to the California Department of Alcoholic Beverage Control (ABC), there is one on-site license and one pending license in census tract 118.02, where a maximum of nine are recommended. Therefore, the census tract is not considered to be over concentrated by ABC with regard to on-site alcohol sales outlets. Since the applicant is the existing on-site license, no new licenses are being added. Census Tract 118.02 is the area from East 8th Street north to the City boundary and from Highland Avenue east to Palm Avenue. Police Department (PD) The ABC Risk Assessment provided by PD allocated a total of 14 points, which places it in the Medium Risk category (Medium risk is considered 13 to 18 points). The Risk Assessment is included as Attachment 6. Institute for Public Strategies Comments were received from IPS with the following considerations: Page 318 of 546 Planning Commission Meeting of November 18, 2024 Page 5 1. Require that staff and management attend an in-person Responsible Beverage Sales and Service training. 2. Require an ID scanner to prevent sales to underage youth. 3. To prevent the establishment from transforming into a night club, which could increase crime and nuisance problems, require that the restaurant always provide breakfast, lunch and dinner and have hours of operation end by 12:00 am daily. 4. Require that the establishment must submit receipts as evidence of food sales offered along with alcohol before annual renewal of license. Standard conditions of approval are included in the report in compliance with City Council Policy 707. IPS comments are included as Attachment 7. Conditions of approval are included that restrict the hours of alcohol sales and live entertainment. ABC does not recommend or require ID scanners as a method of checking identification; therefore, this comment has not been included as a condition. Findings for Approval The following are the required findings in the attached draft resolution: 1. Allowable Use: Alcohol sales and live entertainment are allowable within Minor Mixed-Use Corridor zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales and live entertainment, as discussed in the staff report. The use is incidental to the existing restaurant use in a mixed-use area. 2. General Plan Consistency: Alcohol sales and live entertainment are a permitted use, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant with alcohol sales and live entertainment is consistent with the Minor Mixed-Use Corridor zone land use designation and the Community Character element of the General Plan. 3. Compatibility, LUC, and Traffic: No expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed uses would be incidental to the primary use of food service. Page 319 of 546 Planning Commission Meeting of November 18, 2024 Page 6 4. No Nuisance: The proposed use will be subject to conditions that limits the sale of beer and wine as well as the hours that it will be available. Beer and wine will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive RBSS training. Live entertainment will be limited to acceptable hours and to levels of noise that will not disturb surrounding residential uses. 5. California Environmental Quality Act (CEQA): The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial building, and the use is similar to other commercial uses in the area, which are permitted in Minor Mixed-Use Corridor zone. 6. Public Convenience and Necessity: The restaurant, a permitted use in the Minor Mixed-Use Corridor zone, will benefit from the sale of alcohol and live entertainment by providing for a wider diversity of businesses that add character to the area. Findings for Denial The following are findings for denial: 7. Granting the permit would 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 extension of the hours that alcohol is served, in addition to live entertainment, may increase the propensity for over-consumption of alcohol and increase the potential for impacts to the surrounding area. 8. Based on the above findings, public convenience and necessity will not be served by a proposed use of the property for live entertainment and the on- site sale of alcoholic beverages pursuant to law. Conditions of Approval Standard Conditions of Approval have been included with this permit as well as conditions specific to on-site alcohol sales per Council Policy 707 (hours of Page 320 of 546 Planning Commission Meeting of November 18, 2024 Page 7 operation, employee training, and accessory sales, etc.). If approved, the resolution of approval for this CUP would supersede the previous 1987 resolution. Summary The proposed use is consistent with the General Plan due to alcohol sales for on- site consumption and live entertainment being conditionally-allowed uses in Minor Mixed-Use Corridor zone. The alcohol sales use would continue to be accessory to the existing restaurant use in an established commercial area. The addition of live entertainment, while increasing the potential for morphing, will also be accessory to the restaurant use. Beer and wine will only be available with the sale of food. The census tract in which the restaurant is located is not considered over-concentrated with regard to on-sale alcohol licenses and the Police Department has classified the establishment as Medium Risk. Options 1. Find the project exempt from CEQA under Class 1 of the CEQA Guidelines Section 15301 or other exemption and approve 2024-21 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 2024-21 CUP based on the attached findings or findings to be determined by the Planning Commission; or, 3. Continue the item to a specific date in order to obtain additional information. Attachments 1. Draft Resolutions 2. Overhead 3. Applicant's Plans (Exhibit A, Case File No. 2024-21 CUP, dated 10/17/2024) 4. Public Hearing Notice (Sent to 475 property owners & occupants) 5. Census Tract & Police Beat Maps 6. Police Department Comments 7. Institute for Public Strategies Comments 8. Community Meeting Page 321 of 546 ATTACHMENT 1 RESOLUTION NO. 2024-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND CONDITIONAL USE PERMIT FOR THE ADDITION OF LIVE ENTERTAINMENT AND EXPANSION OF APPROVED OPERATING HOURS FOR BEER AND WINE SALES (ABC TYPE-41) AT AN EXISTING RESTAURANT (MARISCOS EL TIBURON) LOCATED AT 543 HIGHLAND AVENUE CASE FILE NO. 2024-21 CUP APN: 556-311-05-00 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for on-site beer and wine sales and live entertainment at an existing restaurant (Mariscos El Tiburon) located at 543 Highland Avenue. At a duly advertised public hearing held on November 18, 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. 2024-21 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 November 18, 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 Alcohol sales and live entertainment are allowable within the Minor Mixed-Use Corridor zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. It is incidental to the existing restaurant use in a mixed-use area. 2.The proposed use is consistent with the General Plan and any applicable specific plan, because the Land Use Code permits alcohol sales and live entertainment, Page 322 of 546 subject to a CUP, which is consistent with the General Plan. In addition, a restaurant with alcohol sales is consistent with the Minor Mixed-Use Corridor zone land use designation contained in the Land Use Code and Community Character element of the General 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 no expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed. 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 no expansion of the building is proposed. The proposed uses would be incidental to the primary use of food service. 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 proposed use will be subject to conditions that limit the sale of beer and wine as well as the hours that it will be available. Beer and wine will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive RBSS training. Live entertainment will be limited to acceptable hours and to levels of noise that will not disturb surrounding residential uses. 6.The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial building and the use is similar to other commercial uses in the area, which are permitted in the Minor Mixed-Use Corridor zone. 7.The proposed use is deemed essential and desirable to the public convenience or necessity, because the restaurant, a permitted use in the Minor Mixed-Use Corridor zone, will benefit from the extended sale of alcohol and live entertainment by providing for a wider diversity of businesses that add charm to the area. Page 323 of 546 8.Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for live entertainment and the on-site sales of alcoholic beverages in accordance with applicable law and the recommended conditions. The use, as proposed and conditioned, will operate in harmony with surrounding uses, will not cause a nuisance, and will benefit the community looking for a quality restaurant experience. 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 the sale of beer and wine for on-site consumption and live entertainment at an existing restaurant (Mariscos El Tiburon) located at 543 Highland Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2024.21 CUP, dated 10/17/2024. 2.This resolution shall supersede Planning Commission Resolution No. 18-87. 3.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 Acceptance 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. 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 Director of Community Development prior to recordation. 4.This permit shall become null and void at such time as there is no longer a Type 41 California Department of Alcoholic Beverage Control license associated with the property. 5.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. 6.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. Page 324 of 546 7.This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval or applicable law. Planning 8.All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 9.The sale of alcoholic beverages shall only be permitted between the hours of 9:00 a.m. and 10:00 p.m. Sunday to Thursday and between 9:00 a.m. and 11:00 p.m. Friday and Saturday. 10.Live entertainment shall only be permitted between the hours of 4:00 p.m. and 10:00 p.m. Friday and Saturday and between 4:00 p.m. and 9:00 p.m. on Sunday. 11. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by the Planning Manager or designee or other employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 12. Alcohol shall be available only in conjunction with the purchase of food. 13. The sale of alcoholic beverages for off-site consumption is not permitted at this location. 14. Live entertainment shall be conducted as an accessory use to the restaurant for the enjoyment of its customers. No advertisement promoting a particular performer or event shall be distributed outside the restaurant. 15. All entry and exit doors, including windows, shall remain closed during inside live entertainment activities. 16. All activities shall comply with the noise limits contained in Table III of Title 12 of the National City Municipal Code. 17. The occupancy of the building, inclusive of patrons, staff, and entertainers, shall not exceed the occupancy load determined by the Building Division. 18. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually. Page 325 of 546 Police 19. The permittee shall comply with all applicable law, including, but not limited to the regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages. 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. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Com mission 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 November 18, 2024, by the following vote: AYES: NAYS: ABSENT: Page 326 of 546 ABSTAIN: ________________________ CHAIRPERSON Page 327 of 546 RESOLUTION NO. 2024-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA DENYING A CONDITIONAL USE PERMIT FOR THE ADDITION OF LIVE ENTERTAINMENT AND EXPANSION OF APPROVED OPERATING HOURS FOR BEER AND WINE SALES (ABC TYPE-41) AT AN EXISTING RESTAURANT (MARISCOS EL TIBURON) LOCATED AT 543 HIGHLAND AVENUE CASE FILE NO. 2024-21 CUP APN: 556-311-05-00 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for on-site beer and wine sales and live entertainment at an existing restaurant (Mariscos El Tiburon) located at 543 Highland Avenue. At a duly advertised public hearing held on November 18, 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. 2024-21 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 November 18, 2024, support the following findings: 1.Granting the permit would 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 extension of the hours that alcohol is served, in addition to live entertainment, may increase the propensity for over-consumption of alcohol and increase the potential for impacts to the surrounding area. 2.Based on the above finding, public convenience and necessity will not be served by a proposed use of the property for live entertainment and the on-site sale of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. Page 328 of 546 BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 18, 2024, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ________________________ CHAIRPERSON Page 329 of 546 ATTACHMENT 2 2024-21 CUP – 543 Highland Avenue – Overhead N Page 330 of 546 ATTACHMENT 3Page 331 of 546 Page 332 of 546 Page 333 of 546 Page 334 of 546 Page 335 of 546 Page 336 of 546 Page 337 of 546 Page 338 of 546 NOTICE OF PUBLIC HEARING DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND CONDITIONAL USE PERMIT FOR THE ADDITION OF LIVE ENTERTAINMENT AND EXPANSION OF APPROVED OPERATING HOURS FOR BEER AND WINE SALES (ABC TYPE-41) AT AN EXISTING RESTAURANT (MARISCOS EL TIBURON) LOCATED AT 543 HIGHLAND AVENUE CASE FILE NO.: 2024-21 CUP APN: 556-311-05-00 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 18, 2024, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Socorro Vazquez) The restaurant has an approved Conditional Use Permit for incidental beer and wine sales with hours ending at 9 p.m. Monday to Thursday and 10 p.m. Friday to Sunday. The applicant is requesting operating hours of 9 a.m. to midnight Monday to Thursday and 9a.m. to 2a.m. Friday to Sunday. The applicant is also requesting live entertainment from 4 p.m. to 1 a.m. Thursday to Sunday. Planning Commission will also consider the staff determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 (Existing Facilities). 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., November 18, 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 4Page 339 of 546 Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp.,GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, OrdnanceSurvey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, ©OpenStreetMap contributors, and the GIS User Community CensusTracts 2010 August 25, 2014 0 0.75 1.50.375 mi 0 1 20.5 km 1:45,467 ATTACHMENT 5Page 340 of 546 City of National City Beat 21 Source: Microsoft Mappoint NCPD CAU, 4/18/07 Page 341 of 546 Notes: NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: BUSINESS NAME: ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: I.Type of Business Restaurant (1 pt) Market (2 pts) Bar/Night Club (3 pts) Tasting Room (1pt) II. Hours of Operation Daytime hours (1 pt) Close by 11pm (2 pts) Close after 11pm (3 pts) III. Entertainment Music (1 pt) Live Music (2 pts) Dancing/Live Music (3 pts) No Entertainment (0 pts) IV. Crime Rate Low (1 pt) Medium (2 pts) High (3 pts) V.Alcohol Businesses per Census Tract Below (1 pt) Average (2 pts) Above (3 pts) Revised: 8/16 1 of 2 ATTACHMENT 6 10/30/24 Mariscos El Tiburon 543 Highland Avenue, National City, CA 91950 Socorro Vasquez - Currently, there are (4) off sale licenses authorized in tract 118.02 and one pending active on sale license in tract 118.02 - Currently, there are (9) on sale licenses authorized in tract 118.02 - Currently, there are (1) active on sale licenses in tract 118.02 - Currently, there are (5) off sale licenses active in tract 118.02 4 4 4 4 4 Page 342 of 546 National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) Below (1 pt) Average (2 pts) Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) Mostly commercial businesses (1 pt) Some businesses, some residential (2 pts) Mostly residential (3 pts) VIII. Owner(s) records check No criminal incidents (0 pts) Minor criminal incidents (2 pts) Multiple/Major criminal incidents (3 pts) OWNER NAME: DOB: OWNER ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Completed by: Badge ID: Revised: 8/16 2 of 2 Low Risk ( 12pts or less) Medium Risk (13 – 18pts) High Risk (19 – 24pts) Total Points 14 This location is assessed as a medium risk. The location is located next to several residences and noise pollution made be a consideration for surrounding residences. During the proposed hours of live entertainment, the business operates more akin to a bar than a restaurant during the later evening hours from my personal experience from responding to calls for service at the location. Even accessing the business as a bar, it still accesses as a medium risk. Sergeant Joseph Camacho 449 4 4 4 Page 343 of 546 Funded by the San Diego County Health and Human Services Agency 8885 Rio San Diego Drive #117 San Diego, California, 92108 Phone: 619.476-9100 Fax: 619.476-9104 www.publicstrategies.org Environmental Scan Conditional Use Permit (CUP) for live entertainment and extended hours for alcohol sales (Beer & Wine) at an existing restaurant 543 Highland Ave., National City, CA 91950 Conducted: October 23, 2024 Photo of the proposed location An environmental scan was conducted at 11 a.m. on Wednesday, October 23, 2024, for live entertainment and extended hours for alcohol sales (Beer & Wine) at an existing restaurant. The location is surrounded by other commercial uses on Highland Ave., and the streets perpendicular to Highland behind the business are residential. There is also a multiple-story apartment complex at 611 Highland Avenue, approximately 200 feet away. The business was closed at the time the environmental scan was conducted. Proposed hours Live Entertainment: Thursday through Sunday from 4 p.m. to 1 a.m Alcohol Sales: Monday, Tuesday, and Thursday from 9 a.m. to 12:00 a.m. and Friday through Sunday from 9:00 a.m. to 2:00 a.m. ATTACHMENT 7Page 344 of 546 Funded by the San Diego County Health and Human Services Agency 8885 Rio San Diego Drive #117 San Diego, California, 92108 Phone: 619.476-9100 Fax: 619.476-9104 www.publicstrategies.org During a scan of the business and premises, the following was noted: •Graffiti on the side of the business facing Highland Avenue. •Restaurant signage on the building is tattered, faded and generally not well maintained. •Two other restaurants within 250 feet. Youth Sensitive Areas/Other Vulnerable Locations La Maestra Community Health Center (approximately 1,050 feet away) Central Elementary (approximately 3,000 feet away) Chuck E. Cheese (approximately 3,000 feet away) Churches San Diego Spanish Seventh Day Adventist Church (approximately 2,600 feet away) is the closest one to this location. Crime Rate A request for crime-related information from personnel within the City of National City Police Department should determine whether existing violations against the property or applicant or incidents in the area have occurred that would discourage allowing live entertainment and extended hours of alcohol sales. Online Reviews •Lack of parking •Google page indicates live music and karaoke are already offered •Blasting music until 2 a.m. every weekend (5 months ago) •Kitchen closed at 9:30 a.m. while hours posted as open until 2 a.m. (6 months ago) •Music blares through neighborhood all day (1 year ago) •Placed an order online, then told no food served at establishment (1 year ago) Community Input Local business owner: Over the past 5-6 years, has seen numerous fights at the location. Reported that restaurant management shuts the establishment down when there is a fight. Also observes restaurant staff frequently removing trash from the front of the location. Nearby community resident: Stated she was surprised to learn the applicant is currently applying for live entertainment because she has regularly heard loud music coming from the location at all hours for several years. Stated she regularly sees alcohol bottles, food waste and other trash all around the location, and this is of greater concern to her than the noise. Page 345 of 546 Funded by the San Diego County Health and Human Services Agency 8885 Rio San Diego Drive #117 San Diego, California, 92108 Phone: 619.476-9100 Fax: 619.476-9104 www.publicstrategies.org Page 346 of 546 Funded by the San Diego County Health and Human Services Agency 8885 Rio San Diego Drive #117 San Diego, California, 92108 Phone: 619.476-9100 Fax: 619.476-9104 www.publicstrategies.org Outlet Density Based on Centers for Disease Control guidelines, alcohol density is defined as the average distance between a person and their closest alcohol retailer. In the map above, the darker the census tract, the less distance a person has to travel to their closest alcohol retailer. The proposed location is defined as “very dense.” Considerations The following are considerations: 1.Require that staff and management attend an in-person Responsible Beverage Sales and Service training. 2.Require an ID scanner to prevent sales to underage youth. 3.To prevent the establishment from transforming into a night club, which could increase crime and nuisance problems, require that the restaurant always provide breakfast, lunch and dinner and have hours of operation end by 12:00 am daily. 4.Require that the establishment must submit receipts as evidence of food sales offered along with alcohol before annual renewal of license. Page 347 of 546 ATTACHMENT 8Page 348 of 546 Page 349 of 546 City of National City Planning Commission Meeting MEETING OF NOVEMBER 18, 2024 Page 350 of 546 Public Hearing CONDITIONAL USE PERMIT FOR THE ADDITION OF LIVE ENTERTAINMENT AND EXPANSION OF APPROVED OPERATING HOURS FOR BEER AND WINE SALES (ABC TYPE-41) AT AN EXISTING RESTAURANT (MARISCOS EL TIBURON) LOCATED AT 543 HIGHLAND AVENUE 2024-21 CUP Page 351 of 546 Overhead Page 352 of 546 Site Characteristics ➢Mariscos El Tiburon ➢Existing 2,000 square foot restaurant in the MXC-1 zone ➢Existing CUP for alcohol sales (Type-41) since 1987 ➢9:00 p.m. Monday to Thursday and 10:00 p.m. Friday to Sunday ➢Located on Northeast corner of Highland Avenue and East 6th Street. ➢Area has commercial and residential uses ➢Adjacent to single-family homes Page 353 of 546 Front View Page 354 of 546 Side View Page 355 of 546 Proposal ➢The business proposes to expand the approved hours of operation for beer and wine sales (ABC Type-41) and add live entertainment at the restaurant. ➢Proposed operating hours are 9:00 a.m. to 12:00 a.m. Monday to Thursday and 9:00 a.m. to 2:00 a.m. Friday to Sunday. ➢Live entertainment (karaoke and live bands) is proposed from 4:00 p.m. to 1:30 a.m. Friday to Sunday ➢Floor plan indicates the dining area and proposed live entertainment. ➢1,000 square foot dining area ➢60 seats available in the dining area Page 356 of 546 Floor Plan DINING AREA KITCHEN LIVE MUSIC WOMEN RESTROOM MEN RESTROOM OFFICE WALK-IN COOLER SUPPLY ROOMBAR 41’0’’ 49’6’’Page 357 of 546 Staff Analysis ➢NCMC 18.30.050 allows for alcohol sales for on-site consumption and live entertainment with approved CUP ➢Additional requirements for alcohol CUPs: ➢Mailing –owners/occupants within 660 ft. (475) ➢Community meeting –Held October 2, 2024 –4 attendees ➢Census Tract 118.02–one on-sale license and one pending on-sale license where nine are recommended ➢Not considered overconcentrated ➢No new licenses added ➢Distance requirements –Not applicable for restaurants with 30% of their floor area dedicated to seating. ➢Mariscos El Tiburon has 50% of their floor area dedicated to seating ➢Not located within 660 feet of a public school ➢Adhere to City Council Policy 707 ➢Standard conditions Page 358 of 546 Staff Analysis –Hours of Operation ➢Existing Hours ➢Alcohol -9:00 p.m. Monday to Thursday and 10:00 p.m. Friday to Sunday ➢No live entertainment ➢Proposed Hours ➢Alcohol -9:00 a.m. to 12:00 a.m. Monday to Thursday and 9:00 a.m. to 2:00 a.m. Friday to Sunday ➢Live Entertainment -4:00 p.m. to 1:30 a.m. Friday to Sunday Page 359 of 546 Staff Analysis –Hours of Operation ➢Previous Approvals ➢Villa Manilla ➢Alcohol sales & live entertainment 3:30 p.m. to 9:00 p.m. Tuesday to Friday & 11:00 a.m. to 9:00 p.m. Saturday to Sunday ➢Friends of Friends ➢Alcohol sales 6 a.m. to 1 a.m. daily ➢Live entertainment 12 p.m. to 10 p.m. Sunday to Thursday and 12 p.m. to 11:30 p.m. Friday & Saturday ➢Market on 8th ➢Alcohol sales and live entertainment until 1:00 a.m. ➢Staff Recommendation ➢Alcohol -9:00 a.m. to 11:00 p.m. Sunday to Thursday and 9:00 a.m. to 12:00 a.m. Friday and Saturday ➢Live Entertainment -4:00 p.m. to 11:30 p.m. Friday & Saturday and 4:00 p.m. to 10:00 p.m. Sunday ➢Planning Commission can consider alterative hours Page 360 of 546 Comments: Police Department (PD) ➢Risk Assessment –14 points ➢Medium Risk –13 to 18 points ➢Assigns points based on type of business, license concentration, calls for service, etc. Institute for Public Strategies (IPS) ➢Require in-person Responsible Beverage Sales and Service (RBSS) training for all staff ➢Require that the restaurant provide breakfast, lunch and dinner and have hours of operation end by 12:00 am daily. ➢Require that the establishment must submit receipts as evidence of food sales offered along with alcohol before annual renewal of license. ➢Require an ID scanner to prevent sales to underage youth ➢Not included in ABC’s best practices Page 361 of 546 Conditions ➢Conditions supersede previous approval ➢Standard Conditions of Approval ➢Conditions specific to on-site alcohol sales per Council Policy 707 ➢Hours of operation ➢Responsible Beverage Service and Sales (RBSS) ➢Alcohol sales remain accessory to the restaurant ➢Application-specific conditions ➢Live entertainment ➢Doors and windows to remain closed ➢No advertised events ➢Hours of live entertainment ➢Title 12 (Noise) Page 362 of 546 Summary ➢Proposed use is consistent with the General Plan ➢Alcohol sales for on-site consumption and live entertainment are a conditionally-allowed uses in MXC-1 zone ➢Alcohol sales and live entertainment would be accessory to the business in an established mixed-use area ➢Inclusion of conditions consistent with Council Policy 707 intended to alleviate concerns related to area impacts ➢Additional conditions addressing concerns related to live entertainment Page 363 of 546 Options •Find project exempt from CEQA & approve 2024-21 CUP based on findings listed in the draft resolution / findings determined by the Commission; or •Find project not exempt from CEQA and/or deny 2024-21 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 364 of 546 AGENDA REPORT Department: Housing Authority Prepared by: Greg Rose, Property Agent Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Ratification of a Subordination Agreement for an Affordable Housing Density Bonus Development Located at 1924 Harding Street. RECOMMENDATION: Approve the Resolution Entitled, “Resolution of the City Council of the City of National City, California Ratifying a Subordination Agreement with Clara Futura Investments, LLC, a California Limited Liability Company, and U.S. Bank National Association, Subordinating the Deed of Trust Securing the Performance of an Affordable Housing Density Bonus Agreement Entered into on October 5, 2021 that Restricts One Housing Unit at 1924 Harding Street in National City.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: The Density Bonus Agreement was approved by unanimous vote of the City Council on October 5, 2021, as Resolution No. 2021-144. EXPLANATION: On October 5, 2021, City Council approved a Density Bonus Agreement that obligates Clara Futura Investments, LLC to restrict one (1) unit as affordable for a t otal of fifty-five (55) years. A Performance Deed of Trust was also recorded to secure the agreement on the property. Clara Futura Investments, LLC has secured refinancing for the development with U.S. Bank National Association. This Subordination Agreement will ensure that the Density Bonus Agreement will remain superior to the U.S. Bank National Association’s Deed of Trust, and the Performance Deed of Trust will be made subordinate and subject to the U.S. Bank National Association's Deed of Trust. Due to the necessity of securing the financing swiftly, the Subordination Agreement was signed by the City Manager on November 6, 2024, and is being taken to the City Council for ratification on December 3, 2024. FINANCIAL STATEMENT: The Housing Authority will collect a Subordination Fee of $375.00 to cover legal fees and staff time. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Housing and Community Development ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065. Page 365 of 546 PUBLIC NOTIFICATION: The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A - Agreement Exhibit B - Resolution Page 366 of 546 Page 367 of 546 Page 368 of 546 Page 369 of 546 Page 370 of 546 Page 371 of 546 Page 372 of 546 Page 373 of 546 Page 374 of 546 Page 375 of 546 RESOLUTION NO. 2024- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA RATIFYING A SUBORDINATION AGREEMENT WITH CLARA FUTURA INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND U.S. BANK NATIONAL ASSOCIATION, SUBORDINATING THE DEED OF TRUST SECURING THE PERFORMANCE OF AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT ENTERED INTO ON OCTOBER 5, 2021 THAT RESTRICTS ONE HOUSING UNIT AT 1924 HARDING STREET IN NATIONAL CITY. WHEREAS, on October 5, 2021, City Council approved by Resolution 2021-144 a Density Bonus Agreement (“Agreement”) that obligates Clara Futura Investments, LLC (“Developer”) to restrict one (1) unit as affordable for a total of fifty-five (55) years; and WHEREAS, a performance Deed of Trust was also recorded to secure the Agreement on the property located at 1924 Harding Street in National City; and WHEREAS, on November 6, 2024, the City Manager executed a Subordination Agreement with Developer and U.S. Bank National Association; and WHEREAS, the Deed of Trust securing the performance of the Agreement was made subordinate and subject to U.S. Bank National Association’s Deed of Trust through the Subordination Agreement; and WHEREAS, Density Bonus Agreement will remain a lien superior to U.S. Bank National Association’s Deed of Trust. 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 ratifies the Subordination Agreement for 1924 Harding Avenue with Clara Futura Investments, LLC and U.S. Bank National Association that was executed on November 6, 2024, subordinating the Deed of Trust securing the performance of an affordable Housing Density Bonus Agreement entered into on October 5, 2021. Section 2: That 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 3rd day of December 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 376 of 546 AGENDA REPORT Department: Housing Authority Prepared by: Greg Rose, Property Agent Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Ratification of a Subordination Agreement for an Affordable Housing Density Bonus Development Located at 2039 E 8th Street. RECOMMENDATION: Approve the Resolution Entitled, “Resolution of the City Council of the City of National City, California Ratifying a Subordination Agreement with Talas, LLC, a California Limited Liability Company, and Endeavor Bank, Subordinating the Deed of Trust Securing the Performance of an Affordable Housing Density Bonus Agreement Entered into On August 6, 2024 that Restricts Three Housing Units At 2039 E 8th Street In National City.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: The Density Bonus Agreement was approved by unanimous vote of the City Council on August 6, 2024, as Resolution No. 2024-82. EXPLANATION: On August 6, 2024, City Council approved a Density Bonus Agreement that obligates Talas, LLC to restrict three (3) units as affordable for a total of fifty-five (55) years. A Performance Deed of Trust was also recorded to secure the agreement on the property. Talas, LLC has secured financing for the development with Endeavor Bank. This Subordination Agreement will ensure that the Density Bonus Agreement will remain superior to Endeavor Bank’s Deed of Trust and the City’s Performance Deed of Trust will be made subordinate and subject to the Endeavor Bank’s Deed of Trust. Due to the necessity of securing the financing swiftly, the Subordination Agreement was signed by the City Manager on November 6, 2024, and is being taken to the City Council for ratification on December 3, 2024. FINANCIAL STATEMENT: The Housing Authority will collect a Subordination Fee of $375.00 to cover legal fees and staff time. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Housing and Community 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. Page 377 of 546 ORDINANCE: Not Applicable EXHIBITS: Exhibit A - Agreement Exhibit B - Resolution Page 378 of 546 Page 379 of 546 Page 380 of 546 Page 381 of 546 Page 382 of 546 Page 383 of 546 Page 384 of 546 Page 385 of 546 Page 386 of 546 Page 387 of 546 RESOLUTION NO. 2024- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA RATIFYING A SUBORDINATION AGREEMENT WITH TALAS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND ENDEAVOR BANK, SUBORDINATING THE DEED OF TRUST SECURING THE PERFORMANCE OF AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT ENTERED INTO ON AUGUST 6, 2024 THAT RESTRICTS THREE HOUSING UNITS AT 2039 E 8th STREET IN NATIONAL CITY. WHEREAS, on August 6, 2024, City Council approved by Resolution 2024-82 a Density Bonus Agreement (“Agreement”) that obligates Talas, LLC (“Developer”) to restrict three (3) units as affordable for a total of fifty-five (55) years; and WHEREAS, a performance Deed of Trust was also recorded to secure the Agreement on the property located at 2039 E 8th Street in National City; and WHEREAS, on November 6, 2024, the City Manager executed a Subordination Agreement with Developer and Endeavor Bank; and WHEREAS, the Deed of Trust securing the performance of the Agreement was made subordinate and subject to Endeavor Bank’s Deed of Trust through the Subordination Agreement; and WHEREAS, the Density Bonus Agreement will remain a lien superior to Endeavor Bank’s Deed of Trust. 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 ratifies the Subordination Agreement for 2039 E 8th Street with Talas, LLC and Endeavor Bank that was executed on November 6, 2024, subordinating the Deed of Trust securing the performance of an affordable Housing Density Bonus Agreement entered into on August 6, 2024. Section 2: That 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 3rd day of December 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 388 of 546 AGENDA REPORT Department: Finance Prepared by: Janel Pehau, Financial Analyst Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin Martinez, City Manager SUBJECT: Redevelopment Obligations Payment Schedule for Fiscal Year 2025-26 (ROPS 25-26) and Associated Administrative Budget (SUCCESSOR AGENCY) RECOMMENDATION: Adopt the Resolution Entitled, “Resolution of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, Approving the Recognized Obligation Payment Schedule (ROPS) for the Period July 1, 2025, through June 30, 2026 (ROPS 25-26) with Expenditures Totaling $4,128,681, Approving the Associated Administrative Budget of $67,654, and Approving the Submittal of both to the County of San Diego Countywide Redevelopment Successor Agency Oversight Board.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Background. Effective February 1, 2012, all Redevelopment Agencies in California were dissolved, and “Successor Agencies” were established to wind down the affairs of the former redevelopment agencies under the direction of oversight boards. Health and Safety Code Section 34177 requires successor agencies to perform a number of functions, one of which is to prepare a Recognized Obligation Payment Schedule (ROPS) before each fiscal period that details the amounts required to be spent and the source of funds for those expenditures. Each successor agency must submit the ROPS to its oversight board for approval, after which it is forwarded for review and approval to the State Department of Finance (DOF), with copies to the County Auditor and Controller and State Controller’s Office. The San Diego County Oversight Board will consider the Agency’s ROPS at its January 16, 2025 meeting. ROPS 25-26 is due to the State Department of Finance (DOF) by February 1, 2025. In addition, successor agencies are required to prepare and submit to the oversight board an administrative budget that details the estimated administrative costs for each upcoming ROPS period. DOF does not review the administrative budget. Even though the ROPS covers an entire fiscal year, the standardized form distributed by DOF requires that obligation payment amounts be assigned to either the “A” portion of the fiscal year (July through December) or the “B” portion of the year (January through June). The assignment of expenses to one half or the other of the fiscal year is designed not to restrict when authorized amounts may be spent during the fiscal year, but to facilitate the distribution of redevelopment property tax trust fund (RPTTF) monies, the primary source of funding for the ROPS. These monies are the equivalent of the tax increment revenues that were previously allocated to the former redevelopment agencies. The County of San Diego maintains a separate RPTTF for each Page 389 of 546 successor agency within the county. RPTTF monies are distributed on June 1 and January 2 by the County Auditor and Controller. The June 1 distribution is for expenditures expected to occur during the “A” portion of the upcoming ROPS cycle, while the January 2 distribution provides cash for the second half (“B” portion) of the cycle. Should changes to the ROPS be necessary after the ROPS has been approved by DOF, each successor agency is allowed to amend it one time per ROPS period. The amendment must be submitted to DOF by October 1, and successor agencies may amend only the amounts requested for payment of approved enforceable obligations that fall within the “B” portion of the year; no new obligations can be created through the amendment process. ROPS 25-26. The proposed Recognized Obligation Payment Schedule for the July 1, 2025 through June 30, 2026 period (ROPS 25-26) for the National City Successor Agency, attached as Exhibit A, totals $4,128,681. Of that amount, $3,813,729 is allocated to the first half of the fiscal year and $314,952 to the second half of the fiscal year. (Note: The ROPS 25-26 presented in Exhibit A is in the form of the anticipated schedules to be issued by the State Department of Finance (DOF). The actual schedules must be completed on DOF’s website, but were not available in time to meet the City’s agenda formation deadline. Once they are available, staff will enter the amounts as shown in Exhibit A.) The only payment obligations remaining on the ROPS are those related to debt service and administrative costs: Debt service: In September 2017, all of the Successor Agency’s outstanding tax allocation bonds (Series 1999, 2005B, and 2011) were refunded to reduce future debt service costs on the bonds by an annual average of $1.0 million through final maturity in August 2032. For the ROPS 25-26 period, debt service payments on the 2017 refunding bonds will total $4.1 million (Items 180 – 183). Annual Trustee and financial reporting fees related to the bonds are expected to total $8,000 (Items 128 and 162). Administrative Cost Allowance (ACA) and Administrative Budget: The administrative cost allowance is governed by Health and Safety Code (HSC) section 34171 (b). The Code provides for an ACA that is equal to up to 3% of the authorized RPTTF, excluding amounts for administrative costs and city loan repayments (the “adjusted RPTTF”), with a minimum ACA of $250,000 annually as long as the $250,000 does not equal more than 50% of the RPTTF distribution. The Code also provides that the ACA is subject to approval of the Oversight Board and that it may reduce the amount requested by a successor agency. DOF provides a methodology for the 3% calculation that uses the prior year’s adjusted RPTTF distribution. The 24-25 adjusted RPTTF for the National City Successor Agency is $3,718,528. When multiplied by 3%, it would result in an ACA for ROPS 25-26 of $111,556, which is below the minimum of $250,000, but still greater than needed. Based on staff’s analysis of estimated costs to operate the Successor Agency, ROPS 25-26 requests that $67,654 be included in this ROPS for the ACA. The Administrative Budget, attached as Exhibit B, details the estimated administrative expenditures for the ROPS 25-26 period. Report of Cash Balances: Each ROPS submittal includes a report regarding Successor Agency cash balances. The reporting period is for the three years prior to the upcoming ROPS period, so in the case of ROPS 25-26, the report covers the status of the Successor Agency’s cash as of the end of ROPS 22-23. The State Department of Finance reviews the Report of Cash Balances and in conjunction with City staff, makes a determination regarding how much of the cash balance is to be applied to the upcoming ROPS in lieu of new RPTTF monies. The Report of Cash Balances indicates an available total of $279,904 from a combination of Other Funds (interest earnings and loan repayments), and unspent RPTTF from ROPS 22-23. Page 390 of 546 FINANCIAL STATEMENT: The projected amount of property taxes to be deposited by the County into the National City Successor Agency’s RPTTF account for ROPS 25-26 is $31.5 million. Of this amount, an estimated $7.3 million would be distributed as pass-through payments to the affected taxing entities (including the City) and to the County for administrative costs. The City’s share of the pass-through payments is expected to be approximately $816,000. Then, after applying $4.1 million to the expenditures for the items listed on ROPS 25-26, approximately $20.1 million would remain for distribution to the affected taxing entities as residual balance, of which the City of National City’s share would be approximately $3.6 million. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Balanced Budget and Economic Development ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065. PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Form of ROPS 25-26 Exhibit B – ROPS 25-26 Administrative Budget Exhibit C - Resolution Page 391 of 546 Successor Agency: National City County: San Diego 25-26A Total (July - December) 25-26B Total (January - June) ROPS 25-26 Total A Enforceable Obligations Funded as Follows (B+C+D)-$ -$ -$ B Bond Proceeds - - - C Reserve Balance - - - D Other Funds - - - E Redevelopment Property Tax Trust Fund (RPTTF) (F+G)3,813,729$ 314,952$ 4,128,681$ F RPTTF 3,779,902 281,125 4,061,027 G Administrative RPTTF 33,827 33,827 67,654 H Current Period Enforceaable Obligations (A+E)3,813,729$ 314,952$ 4,128,681$ Name Title /s/ Signature Date Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. Currrent Period Requested Funding for Enforceable Obligations (ROPS Detail) Certification of Oversight Board Chairman: Recognized Obligation Payment Schedule (ROPS 25-26) Summary for the July 1, 2025 through June 30, 2026 Period Exhibit A Page 392 of 546 National City Successor Agency Form of Recognized Obligation Payment Schedule (ROPS) 25-26 Item # Project Name/Debt Obligation Beginning Date Ending Date Payee Description/Project Scope Total Outstanding Debt or Obligation Retired ROPS 25- 26 Total Redevelop-ment Property Tax Trust Fund (RPTTF) Admin RPTTF ROPS 25- 26A Total Redevelop-ment Property Tax Trust Fund (RPTTF) Admin RPTTF ROPS 25- 26B Total Totals 28,728,576 4,128,681 3,779,902 33,827 3,813,729 281,125 33,827 314,952 87 Personnel and Admin Costs 7/1/2025 6/30/2026 City of National City Personnel and other support services for SA 60,000 N 67,654 - 33,827 33,827 33,827 33,827 128 Contract for Financial Analysis 2/1/2017 12/31/2025 NHA Advisors Financial and bond adviser/annual disclosure 4,000 N 4,000 4,000 - 4,000 - 162 Bonds 7/1/2018 8/1/2032 Bank of New York Fiscal Agent Fees 4,000 N 4,000 4,000 - 4,000 - 180 2017 Tax Allocation Refunding Bond - Series A Principal Payment 9/27/2017 8/1/2032 Bank of New York Mellon Trust Company, N. A. Bonds issued to refund the outstanding principal balance of the 2005B and 2011 TABs 24,877,000 N 3,217,000 3,217,000 - 3,217,000 - 181 2017 Tax Allocation Refunding Bond - Series A Interest Payment 9/27/2017 8/1/2032 Bank of New York Mellon Trust Company, N. A. Bonds issued to refund the outstanding principal balance of the 2005B and 2011 TABs 2,509,360 N 579,386 309,719 - 309,719 269,667 269,667 182 2017 Tax Allocation Refunding Bond - Series B Principal Payment 9/27/2017 8/1/2029 Bank of New York Mellon Trust Company, N. A. Bonds issued to refund the outstanding principal balance of the 1999 TAHBs 1,202,000 N 231,000 231,000 - 231,000 - 183 2017 Tax Allocation Refunding Bonds - Series B Interest Payment 9/27/2017 8/1/2029 Bank of New York Mellon Trust Company, N. A. Bonds issued to refund the outstanding principal balance of the 1999 TAHBs 72,216 N 25,641 14,184 - 14,184 11,458 11,458 Funding Sources ROPS 25-26B (Jan - Jun) Funding Sources ROPS 25-26A (Jul - Dec) * This version of the ROPS has been condensed for readability. The full ROPS form contains three other funding categories in addtion to the RPTTF, but because none of them apply to the National City Successor Agency, they have been omitted from the schedule. Those other possible funding sources incude Bond Proceeds, Reserve Balance and Other Funds. Page 393 of 546 A B C D E F G H Reserve Balance Other Funds RPTTF Bonds issued on or before 12/31/10 Bonds issued on or after 01/01/11 Prior ROPS RPTTF and Reserve Balances retained for future period(s) Rent, Grants, Interest, etc. Non-Admin and Admin 1 Beginning Available Cash Balance (Actual 07/01/22) RPTTF amount should exclude "A" period distribution amount 1,465 9,279 796,079 660,170 E1 = reserve balance available from R20-21; F1 = sum of prior period amounts applied to future periods; G1 = sum of prior period PPA amounts applied to future periods 2 Revenue/Income (Actual 06/30/23) RPTTF amount should tie to the ROPS 22-23 total distribution from the County Auditor-Controller 0 249,930 3,436,042 G2 = ROPS 22-23A ($2,914,648) + ROPS 22- 23B ($521,394) 3 Expenditures for ROPS 22-23 Enforceable Obligations (Actual 06/30/23) 0 9,279 438,974 3,953,582 E3+F3+G3 = total expenditures reported on PPA 4 Retention of Available Cash Balance (Actual 06/30/23) RPTTF amount retained should only include the amounts distributed as reserve for future period(s) 1,465 357,105 112,656 F4 = sum of other funds applied by DOF to R23- 24 ($73,902) and R24-25 ($283,203); G4 = sum of PPAs applied to R23-24 ($53,858) and R24-25 ($58,798). 5 ROPS 22-23 RPTTF Prior Period Adjustment RPTTF amount should tie to the Agency's ROPS 22-23 PPA form submitted to the CAC 29,974 6 Ending Actual Available Cash Balance (06/30/20) C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5) 0$ 0$ 0$ 249,930$ 0$ No entry required Report of Cash Balances July 1, 2022 through June 30, 2023 (Report Amounts in Whole Dollars) Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is ROPS 22-23 Cash Balances (07/01/22 - 06/30/23) Fund Sources Comments Bond Proceeds Page 394 of 546 Expenditures (Estimated Amounts per GC 34177(j)(1)) Annual Salaries & Benefits FY25-26 % Allocated Annual Cost Six Month Cost Admin Budget ROPS 25- 26A Six Month Cost Admin Budget ROPS 25- 26B Personnel* City Manager/Executive Director 360,085 1.5% 5,401$ 2,701$ 2,701$ Community Development Director 252,070 1.5% 3,781 1,891 1,891 Finance Director 264,800 1.0% 2,648 1,324 1,324 Financial Services Officer 189,321 1.0% 1,893 947 947 Budget Manager 176,107 0.7% 1,233 616 616 Financial Analyst (part time) 69,120 5.5% 3,802 1,901 1,901 Senior Accountant 129,268 2.0% 2,585 1,293 1,293 Accountant 115,613 2.0% 2,312 1,156 1,156 Administrative Technician 101,800 1.0% 1,018 509 509 Real Property Agent 132,215 10.0% 13,222 6,611 6,611 Various as needed - LRPMP N/A N/A 10,500 5,250 5,250 Total Personnel 48,395$ 24,198$ 24,198$ Maintenance & Operations Professional Services** 10,800$ 5,400$ 5,400$ Misc. ependitures (supplies, equipment use, emergent costs)1,200 600 600 Total M&O 12,000$ 6,000$ 6,000$ Allocated Costs***7,259$ 3,630$ 3,630$ Total 67,654$ 33,827$ 33,827$ *** Allocated costs, estimated at 15% of personnel costs, include various central support functions, including Information Technology, City Clerk (agenda and records management), City Attorney (legal guidance), Risk Management, and Facilities Maintenance. ** Professional Services include a share of the costs for the City's annual audit and a splitting of costs between the City and the Successor Agency for a consultant that provides assessed value and property tax analytics for all parcels within National City. * Personnel responsibilities include, but are not limited to, providing executive direction for the operations of the SA, preparing agenda materials for the SA Board; preparing the prior period adjustment report for each annual period; developing the ROPS for each annual period; projecting and managing the cash flow of the SA; managing contracts with service providers; executing the Long Range Property Management Plan (LRPMP); managing the payments to vendors; accounting for all transactions of the SA in the general ledger; and preparing annual financial statements. Not represented on this schedule, but playing an important policy role in the administration of the Successor Agency, are the City's Mayor and Council Members who serve as the Board for the Successor Agency. All personnel costs are estimates and exclude overhead costs. Successor Agency to the Community Development Commission as the National City Redevelopment Agency Administrative Budget: ROPS 25-26 Exhibit B Page 395 of 546 RESOLUTION NO. 2024 – RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) FOR THE PERIOD JULY 1, 2025 THROUGH JUNE 30, 2026 (ROPS 25-26) WITH EXPENDITURES TOTALING $4,128,681, APPROVING THE ASSOCIATED ADMINISTRATIVE BUDGET OF $67,654, AND APPROVING THE SUBMITTAL OF BOTH TO THE COUNTY OF SAN DIEGO COUNTYWIDE REDEVELOPMENT SUCCESSOR AGENCY OVERSIGHT BOARD WHEREAS, the City Council established the Redevelopment Agency of the City of National City (the “Redevelopment Agency”) by Ordinance No. 1164, dated April 11, 1967; and WHEREAS, the City Council established the Housing Authority of the City of National City (the “Housing Authority”) by Ordinance No. 1484, dated October 14, 1975; and WHEREAS, the City Council established the Community Development Commission of the City of National City (the “CDC”) by Ordinance No. 1484, dated October 14, 1975, and vested the CDC with all of the powers, duties, and responsibilities of both the Redevelopment Agency and the Housing Authority, among other matters, for the purpose of enabling the CDC to operate and govern the Redevelopment Agency and the Housing Authority under a single board and as a single operating entity. The CDC, acting in its capacity as the Redevelopment Agency of the City of National City, is referred to herein as the “CDC-RDA”; and WHEREAS, all California redevelopment agencies, including the Redevelopment Agency, were dissolved on February 1, 2012, and successor agencies were designated and vested with the responsibility of winding down the business and fiscal affairs of the former redevelopment agencies; and WHEREAS, pursuant to AB 26, the City Council adopted Resolution No. 2012-15 on January 10, 2012, electing to be the Successor Agency to the CDC-RDA. The Successor Agency is a legal entity that exists separate and independent from the City of National City. The Successor Agency formally named itself the “Successor Agency to the Community Development Commission as the National City Redevelopment Agency”; and WHEREAS, Health and Safety Code section 34177(l) requires each successor agency to prepare a Recognized Obligation Payment Schedule (ROPS) prior to each upcoming fiscal period and submit it for approval to its oversight board; and WHEREAS, a recognized obligation payment schedule for the period of July 1, 2025 through June 30, 2026 (ROPS 25-26) with expenditures totaling $4,128,681 has been submitted by the Executive Director for consideration and approval by the Board of the Successor Agency; and WHEREAS, the ROPS 25-26 shall hereafter be submitted for review and approval to the County of San Diego Countywide Redevelopment Successor Agency Oversight Board, and submitted to the County Administrative Officer, County Auditor/Controller, State Department of Finance, and State Controller as required by Health and Safety Code section 34177(l); and WHEREAS, an Administrative Budget for the Successor Agency for the ROPS 25- 26 period with estimated expenditures totaling $67,654 has been submitted by the Executive Director for consideration and approval by the Board of the Successor Agency; and Page 396 of 546 WHEREAS, the ROPS 25-26 Administrative Budget shall hereafter be submitted for review and approval to the County of San Diego Countywide Redevelopment Successor Agency Oversight Board; and WHEREAS, the Successor Agency’s ROPS 25-26, which is consistent with the requirements of the Health and Safety Code and other applicable law, is attached to this Resolution as Exhibit “A”; and WHEREAS, the Successor Agency’s ROPS 25-26 Administrative Budget, which is consistent with the requirements of the Health and Safety Code and other applicable law, is attached to this Resolution as Exhibit “B”; and WHEREAS, this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the “Guidelines”), and the City’s environmental guidelines; and WHEREAS, this Resolution is not a “project” for purposes of CEQA, as that term is defined by Guidelines section 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per section 15378(b)(5) of the Guidelines; and WHEREAS, all of the prerequisites with respect to the adoption of this Resolution have been met. NOW, THEREFORE, THE BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: The foregoing recitals are true and correct, and are hereby made by this reference a substantive part of this Resolution. Section 2: The Successor Agency’s ROPS 25-26, which is attached hereto as Exhibit “A”, is approved. Section 3: The Successor Agency’s ROPS 25-26 Administrative Budget, which is attached hereto as Exhibit “B”, is approved. Section 4: The Executive Director, or designee, is hereby authorized and directed to: (i) submit the ROPS 25-26 and the ROPS 25-26 Administrative Budget to the County of San Diego Countywide Redevelopment Successor Agency Oversight Board for approval in such format as may be directed by the Oversight Board or the County of San Diego; and (ii) take such other actions and execute such other documents as are necessary to effectuate the intent of this Resolution on behalf of the Successor Agency; and (ii) take such other actions and execute such other documents as are necessary to comply with Health and Safety Code 34177 with regard to ROPS 25-26, and to amend the ROPS 25-26 administratively to reflect the most current cost estimates for all items and the most current prior period actual cost or cash data, or to conform to the direction, guidance, Page 397 of 546 and/or requirements related to ROPS 25-26 by the Oversight Board, Department of Finance, or other reviewing agencies. Section 4: The Successor Agency determines that this Resolution is not a “project” for purposes of CEQA, as that term is defined by Guidelines section 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per section 15378(b)(5) of the Guidelines. 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 3rd day of December 2024. ____________________ Ron Morrison, Chair ATTEST: _________________________ Shelley Chapel, MMC, City Clerk as Secretary to the Successor Agency APPROVED AS TO FORM: ___________________________ Barry J. Schultz, City Attorney Successor Agency Counsel Page 398 of 546 AGENDA REPORT Department: Engineering and Public Works Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Request to Install Red Curb “No Parking” at the Intersection of Harbison Avenue and E. 6th Street to Improve Visibility at the Intersection. RECOMMENDATION: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Installation of Red Curb “No Parking” at the Intersection of Harbison Avenue and E. 6th Street to Improve Visibility at the Intersection.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: On October 9, 2024, the Traffic Safety Committee unanimously approved the installation of red curb “No Parking” at the intersection of Harbison Avenue and E. 6th Street to enhance visibility at the intersection. EXPLANATION: Mrs. Pearl Quinones, a resident of 3009 E. 6th Street, has requested a red curb “No Parking” at the intersection of Harbison Avenue and E. 6th Street. This request aims to improve visibility and enhance safety for vehicles exiting from E. 6th Street onto Harbison Avenue. Staff performed a site evaluation. Harbison Avenue is a two-way collector road with parking on both sides and posted speed limit of 30 mph. E. 6th Street is a two-way local road with parking on both sides and posted speed limit of 25 mph. During the site evaluation, staff confirmed the presence of a red curb “No Parking” at the fire hydrant located on the southeast corner of the intersection. Additionally, it is possible that visibility is impacted for some vehicles traveling eastbound as they exit E. 6th Street onto Harbison due to the electrical power poles located on the northwest and southwest corner of the intersection. Staff also confirmed that when vehicles park too close to the corners on Harbison Avenue at the intersection, the visibility for vehicles exiting E. 6th Street onto Harbison Avenue may be partially obstructed. Staff reviewed the traffic collision history for this intersection, which confirmed that there have been no traffic collisions in the past four years. Staff sent notices to the adjacent properties inviting them to the Traffic Safety Committee Meeting and/or to contact staff with any questions. No individuals were in attendance to speak on this item. Staff presented this item to the Traffic Safety Committee on October 9, 2024. During the meeting, staff clarified that the proposed red curb "No Parking" zones are intended to be installed along Harbison Avenue to enhance visibility for vehicles exiting E. 6th Street, as shown in the attached Exhibit A. Page 399 of 546 After a thorough discussion, the Traffic Safety Committee voted unanimously to approve staff’s recommendation for the following traffic safety enhancements: 1. Install 26 feet of red curb “No Parking” on the west side of Harbison Avenue, north of E. 6th Street. This will result in the loss of one (1) on-street parking space; 2. Install 20 feet of red curb “No Parking” on the east side of Harbison Avenue, north of E. 6th Street. This will result in the loss of one (1) on-street parking space; 3. Install 20 feet of red curb “No Parking” on the west side of Harbison Avenue, south of E. 6th Street. This will result in the loss of one (1) on-street parking space; 4. Install 15 feet of red curb “No Parking” on the east side of Harbison Avenue, south of E. 6th Street. This will extend the existing 15 feet of red curb at the fire hydrant, making a total of 30 feet of red curb. This will result in the loss of one (1) on-street parking spaces. If approved by the City Council, all work will be performed by City Public Works staff. FINANCIAL STATEMENT: The estimated cost for painting is approximately $200. It is City policy to perform this type of work in City streets. Funding is available within the Department of Engineering and Public Works, Streets & Wastewater Division from the Maintenance and Operations budget. 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 – Location Map Exhibit B – Staff Report to the Traffic Safety Committee on October 9, 2024 (TSC No. 2024-11) Exhibit C – Resolution Page 400 of 546 Location Map with Recommended Enhancements (TSC Item: 2024-11) Ha r b i s o n A v e n u e E. 6th Street 26’ of proposed red curb “No Parking” 20’ of proposed red curb “No Parking” 20’ of proposed red curb “No Parking” 15’ of existing red curb at the fire hydrant 15’ of proposed additional red curb “No Parking” 540 Harbison Ave 614 Harbison Ave 615 Harbison Ave 535 Harbison Ave Page 401 of 546 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 9, 2024 ITEM TITLE: REQUEST TO INSTALL RED CURB “NO PARKING” AT THE INTERSECTION OF HARBISON AVENUE AND E. 6TH STREET TO ENHANCE VISIBILITY AT THE INTERSECTION. PREPARED BY: Luca Zappiello, Associate Engineer - Civil Engineering & Public Works Department DISCUSSION: Mrs. Pearl Quinones, a resident of 3009 E. 6th Street has requested a red curb “No Parking” at the intersection of Harbison Avenue and E. 6th Street. This request aims to improve visibility and enhance safety for vehicles exiting from E. 6th Street onto Harbison Avenue. Staff performed a site evaluation. Harbison Avenue is a two-way collector road with parking on both sides and posted speed limit of 30 mph. E. 6th Street is a two-way local road with parking on both sides and posted speed limit of 25 mph. During the site evaluation, staff confirmed the presence of a red curb “No Parking” at the fire hydrant located on the southeast corner of the intersection. Additionally, there are visibility issues for eastbound traffic exiting E. 6th Street onto Harbison due to the electrical power poles located on the northwest and southwest corner of the intersection. Staff also confirmed that when vehicles park too close to the corners on Harbison Avenue at the intersection, the visibility for vehicles exiting E. 6th Street onto Harbison Avenue is partially obstructed. STAFF RECOMMENDATION: Based on evaluation of existing conditions, staff recommends the installation of red curb “No Parking” at the intersection of Harbison Avenue and E. 6th Street to improve visibility for vehicles exiting E. 6th Street as follows: 1. Install 26 feet of red curb “No Parking” on the north side of E. 6th Street, west of Harbison Avenue. This will result in the loss of one (1) on-street parking space; 2. Install 20 feet of red curb “No Parking” on the north side of E. 6th Street, east of Harbison Avenue. This will result in the loss of one (1) on-street parking space; 3. Install 20 feet of red curb “No Parking” on the south side of E. 6th Street, west of Harbison Avenue. This will result in the loss of one (1) on-street parking space; 4. Install 15 feet of red curb “No Parking” on the south side of E. 6th Street, east of Harbison Avenue. This will extend the existing 15 feet of red curb at the fire hydrant, making a total of 30 feet of red curb. This will result in the loss of one (1) on-street parking spaces. EXHIBITS: 1. Public Request 2. Public Notice 3. Location Map 4. Photos 2024-11 ITEM NO. 2024-11 4 Page 402 of 546 . PUBLIC REQUEST FORM Contact Information Name: __________________________________________________________________________________ Address: ________________________________________________________________________________ Phone: ______________________________ Email: _____________________________________________ Request Information Location: ________________________________________________________________________________ Request: ________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ Attachments: Yes No Description: __________________________________________________ Internal Use Only: Request Received By: ____________________________________________ Date: _____________________ Received via: Counter/In-Person Telephone Email Fax Referral: ________________________ Assigned To: ______________________________________________________________________________________ Notes: ____________________________________________________________________________________________ Pearl Quinones 3009 E. 6th Street, National City 91950 intersection of Harbison Avenue and E. 6th Street REQUEST TO INSTALL RED CURB “NO PARKING” AT THE INTERSECTION OF HARBISON AVENUE AND E. 6TH STREET TO ENHANCE VISIBILITY AT THE INTERSECTION L. Zappiello August 19, 2024 L. Zappiello ✔ Page 403 of 546 October 2, 2024 Resident/Property Owner Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2024-11 REQUEST TO INSTALL RED CURB “NO PARKING” AT THE INTERSECTION OF HARBISON AVENUE AND E. 6TH STREET TO ENHANCE VISIBILITY AT THE INTERSECTION. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, October 9, 2024, at 1:00 P.M. in the 2nd Floor Large Conference Room of the Civic Center Building, 1243 National City Boulevard, to discuss the above-referenced item. You can also join the meeting via Zoom. Please use the following information to call-in to the meeting during the scheduled time: Join Zoom Meeting from computer https://us06web.zoom.us/j/87978540262?pwd=bq6Q0lqelps7UAOkPYikuzhjFnzbfk.1 Join Zoom Meeting by phone +16694449171 Meeting ID: 879 7854 0262 Passcode: 184588 The City Hall is ADA-compliant. Please note that there are two parking spaces for disabled persons in front of City Hall on the east side of National City Blvd. These spaces provide direct access to the 2nd Floor Large Conference Room of the Civic Center Building via a pedestrian bridge. If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2024-11 or send an email to LZappiello@nationalcityca.gov Sincerely, Stephen Manganiello City Engineer SM:lz Enclosure: Location Map 2024-11 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov Page 404 of 546 Location Map with Recommended Enhancements (TSC Item: 2024-11) Ha r b i s o n A v e n u e E. 6th Street 26’ of proposed red curb “No Parking” 20’ of proposed red curb “No Parking” 20’ of proposed red curb “No Parking” 15’ of existing red curb at the fire hydrant 15’ of proposed additional red curb “No Parking” 540 Harbison Ave 614 Harbison Ave 615 Harbison Ave 535 Harbison Ave Page 405 of 546 Location of proposed red curb “No Parking” on the north side of E. 6th St, west of Harbison Ave (looking west) Location of proposed red curb “No Parking” on the north side of E. 16th St, west of Harbison Ave (looking west) Harbison Avenue 540 Harbison Avenue 26’ of proposed red curb “No Parking” 26’ of proposed red curb “No Parking” 540 Harbison Avenue Harbison Avenue Existing power pole obstructing visibility Page 406 of 546 Location of proposed red curb “No Parking” on the south side of E. 6th St, west of Harbison Ave (looking west) Location of proposed red curb “No Parking” on the south side of E. 6th St, west of Harbison Ave (looking west) 20’ of proposed red curb “No Parking” Harbison Avenue 614 Harbison Avenue 20’ of proposed red curb “No Parking” Harbison Avenue 614 Harbison Ave Existing power pole obstructing visibility Page 407 of 546 Location of proposed red curb “No Parking” on the north side of E. 6th St, east of Harbison Ave (looking west) Location of proposed red curb “No Parking” on the south side of E. 6th St, east of Harbison Ave (looking west) 20’ of proposed red curb “No Parking” 535 Harbison Avenue Harbison Avenue 615 Harbison Avenue 15’ of proposed red curb “No Parking” 15’ of existing red curb at the fire hydrant Harbison Avenue Page 408 of 546 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE INSTALLATION OF RED CURB “NO PARKING” AT THE INTERSECTION OF HARBISON AVENUE AND E. 6TH STREET TO IMPROVE VISIBILITY AT THE INTERSECTION. WHEREAS, Mrs. Pearl Quinones, a resident of 3009 E. 6th Street, has requested the installation of red curb “No Parking” at the intersection of Harbison Avenue and E. 6th Street to improve visibility and enhance safety for vehicles exiting from E. 6th Street onto Harbison Avenue; and WHEREAS, staff completed a site evaluation and confirmed the following: Harbison Avenue is a two-way collector road with parking on both sides and a posted speed limit of 30 mph; E. 6th Street is a two-way local road with parking on both sides and a posted speed limit of 25 mph; and there is existing red curb “No Parking” at the fire hydrant located on the southeast corner of the intersection; and WHEREAS, staff also noticed that it is possible that visibility is impacted for some vehicles traveling eastbound as they exit E. 6th Street onto Harbison due to the electrical power poles located on the northwest and southwest corners of the intersection and, in addition, that when vehicles park too close to the corners on Harbison Avenue at the intersection, the visibility for vehicles exiting E. 6th Street onto Harbison Avenue may be partially obstructed; and WHEREAS, staff reviewed the traffic collision history for this intersection, which showed that there have been no traffic collisions in the past four years; and WHEREAS, this item was presented to the Traffic Safety Committee on October 9, 2024; and WHEREAS, staff sent notices to the adjacent properties inviting them to attend the Traffic Safety Committee Meeting and/or to contact staff with any questions; and WHEREAS, staff presented this item to the Traffic Safety Committee and, after discussion, the Traffic Safety Committee voted to approve staff’s recommendation to 1) install 26 feet of red curb “No Parking” on the west side of Harbison Avenue, north of E. 6th Street; 2) install 20 feet of red curb “No Parking” on the east side of Harbison Avenue, north of E. 6th Street; 3) install 20 feet of red curb “No Parking” on the west side of Harbison Avenue, south of E. 6th Street; and 4) install 15 feet of red curb “No Parking” on the east side of Harbison Avenue, south of E. 6th Street, to extend the existing 15 feet of red curb at the fire hydrant for a total of 30 feet of red curb; and WHEREAS, National City Municipal Code section 11.32.140 prohibits stopping or parking at any posted location where parking is restricted or prohibited by resolution of the City Council; and WHEREAS, if approved by City Council, all work will be performed by City Public Works. Page 409 of 546 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 installation of red curb “No Parking” at the intersection of Harbison Avenue and E. 6th Street to improve visibility at the intersection. 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 3rd day of December, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 410 of 546 AGENDA REPORT Department: Engineering & Public Works Prepared by: Carlos Perdomo, Engineering Technician Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Request To Install Two (2) Parallel “30-Minute” Parking Spaces in Front of V&P Wholesale Warehouse Located at 108 W. 18th Street to Increase Parking Turnover for Customers RECOMMENDATION: Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of Two Parallel “30-Minute” Parking Spaces in Front of V&P Wholesale Warehouse Located at 108 W. 18th Street to Increase Parking Turnover for Customers.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: The Traffic Safety Committee unanimously approved staff’s recommendation for the installation of two green curb “30-MInute" parking spaces with signage in front of the business located at 108 W. 18th Street at the October 9, 2024 meeting. EXPLANATION: Mr. Francisco Garcia, owner of VP Resale Warehouse, located at 108 West 18th Street, has requested the installation of two limited parking spaces in front of the business. Mr. Francisco Garcia stated that the unrestricted parking spaces currently located in front of the property are frequently occupied by vehicles all day, and customers have trouble finding parking near his business. According to Mr. Garcia, the conversion from unrestricted parking to “30-minute” parking will provide customers ample time to shop at the business and increase parking turnover for customers. Staff visited the site and confirmed that the retail warehouse is located on West 18th Street. West 18th Street is a 2-lane local roadway with parallel unrestricted parking on both sides of the street. Staff confirmed that the commercial building where the business is located offers only one off - street parking space for a disabled person, and the on-street parking is heavily impacted. Adjacent to the business, on W. 18th Street, there are approximately 33 feet, equal to one (1) parking space of unrestricted parking available east of the driveway located on the north side of the property facing W. 18th Street, and approximately 28 feet, equal to one (1) parking space of unrestricted parking available west of the said driveway. Staff sent notification letters to the applicant, inviting Mr. Garcia to the Traffic Safety Committee Meeting and/or contact staff with any questions. This item was presented to the Traffic Safety Committee on October 9, 2024. No individuals were in attendance to speak on this item. Staff presented the results of the site evaluation to the Traffic Safety Committee, and after discussion, the Traffic Safety Committee voted to approve staff’s recommendation t o install two Page 411 of 546 green curb “30-MInute" parking spaces with signage in front of the business located at 108 W. 18th Street. It shall be noted that per National City Municipal Code Section 11.32.190 - Curb Markings, Green curb parking zones allow for stopping, standing or parking for no longer than fifteen or thirty minutes, as marked or signed. The parking restriction is valid any time between 7:00 a.m. and 6:00 p.m. of any day except Sundays and holidays, unless otherwise indicated on posted signage. If approved by City Council, all work will be performed by City Public Works staff. FINANCIAL STATEMENT: The cost to install the time-limited parking signage and curb markings will be borne by the City as it is the City’s policy to assume the cost of performing this type of work on public streets. Funding is available within the Engineering & Public Works Department, Streets & Wastewater Division’s Maintenance & Operations budget to provide this service. 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 – Location Map Exhibit B – Staff Report to the Traffic Safety Committee on October 9, 2024 (TSC No. 2024-08) Exhibit C – Resolution Page 412 of 546 Page 413 of 546 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 9, 2024 ITEM TITLE: REQUEST TO INSTALL TWO (2) PARALLEL “30-MINUTE” PARKING SPACES IN FRONT OF V&P WHOLESALE WAREHOUSE LOCATED AT 108 W 18TH STREET TO INCREASE PARKING TURNOVER FOR CUSTOMERS PREPARED BY: Carlos Perdomo, Engineering Technician Engineering & Public Works Department DISCUSSION: Mr. Francisco Garcia, owner of VP Resale Warehouse, located at 108 West 18th Street, has requested the installation of two limited parking spaces in front of the business. Mr. Francisco Garcia stated that the unrestricted parking spaces currently located in front of the property are frequently occupied by vehicles all day and customers have trouble finding parking near his business. According Mr. Garcia, the conversion from unrestricted parking to “30-minute” parking will provide customers ample time to shop at the business and increase parking turnover for customers. Staff visited the site and confirmed that the retail warehouse is located on West 18th Street. West 18th Street is a 2-lane local roadway with parallel unrestricted parking on both sides of the street. Staff confirmed that the business has a driveway that can accommodate one disabled person vehicle. Staff confirmed that the commercial building where the business is located offers only one off-street parking space for a disabled person, and the on-street parking is heavily impacted. Adjacent the business, on W. 18th Street, there are approximately 33 feet, equal to one (1) parking space of unrestricted parking available east of the driveway located on the north side of the property facing W. 18th Street and approximately 28 feet, equal to one (1) parking space of unrestricted parking available west of the said driveway. It shall be noted that per National City Municipal Code Section 11.32.190 - Curb Markings, Green curb parking zones allow for stopping, standing or parking for no longer than fifteen or thirty minutes, as marked or signed. The parking restriction is valid any time between seven a.m. and six p.m. of any day except Sundays and holidays, unless otherwise indicated on posted signage. STAFF RECOMMENDATION: Based on evaluation of existing conditions, staff recommends the installation of two (2) parallel “30-minute” parking spaces on the south side of W. 18th Street, in front of 108 W. 18th Street, in order to increase parking turnover for customers. If the request receives final approval, the staff recommends requiring the resident to pay for the work performed by Public Works since it will benefit the single business. EXHIBITS: 1. Public Notice 2. Location Map 3. Photos 2024-08 ITEM NO. 2024-08 1 Page 414 of 546 October 2, 2024 Resident/Property Owner Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2024-08 REQUEST TO INSTALL ONE (1) LIMITED PARALLEL PARKING SPACE IN FRONT OF V&P WHOLESALE WAREHOUSE LOCATED AT 108 W 18TH ST TO INCREASE PARKING TURNOVER FOR CUSTOMERS Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, October 9, 2024, at 1:00 P.M. in the 2nd Floor Large Conference Room of the Civic Center, 1243 National City Blvd., to discuss the above-referenced item. You can also join the meeting via Zoom. Please use the following information to call-in to the meeting during the scheduled time: Join Zoom Meeting from computer https://zoom.us/j/99693438895?pwd=QW51QnZPN2FaS2tRZnphVnNmYmYxdz09 Join Zoom Meeting by phone +1 669-900-9128 Meeting ID: 996 9343 8895 Passcode: 754338 Please note that there are two disabled persons parking spaces on the east side of National City Blvd. that provide direct access to the 2nd Floor of the Civic Center via a pedestrian bridge. If you have any questions, comments, or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2024-08. Stephen Manganiello City Engineer SM:ch Enclosure: Location Map 2024-08 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov Page 415 of 546 Page 416 of 546 Page 417 of 546 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE INSTALLATION OF TWO PARALLEL “30-MINUTE” PARKING SPACES IN FRONT OF V&P WHOLESALE WAREHOUSE LOCATED AT 108 W. 18TH STREET TO INCREASE PARKING TURNOVER FOR CUSTOMERS. WHEREAS, Mr. Francisco Garcia, owner of V&P Wholesale Warehouse, located at 108 West 18th Street, has requested the installation of two limited parking spaces in front of the business to increase parking turnover for customers; and WHEREAS, Mr. Garcia stated that the unrestricted parking spaces currently located in front of the property are frequently occupied by vehicles all day, and customers have trouble finding parking near his business; and WHEREAS, according to Mr. Garcia, the conversion from unrestricted parking to “30- minute” parking will provide customers ample time to shop at the business while also increasing parking turnover for customers; and WHEREAS, staff visited the site and confirmed that the commercial building where the business is located, on West 18th Street, offers only one off-street parking space for a disabled person, and the on-street parking is heavily impacted; and WHEREAS, West 18th Street is a 2-lane local roadway with parallel unrestricted parking on both sides of the street; and WHEREAS, adjacent to the business, on W est 18th Street, there are approximately 33 feet, equal to one (1) parking space, of unrestricted parking available east of the driveway located on the north side of the property facing W est 18th Street, and approximately 28 feet, equal to one (1) parking space, of unrestricted parking available west of the said driveway; and WHEREAS, this item was presented to the Traffic Safety Committee on October 9, 2024; and WHEREAS, staff sent a notice to the applicant, Mr. Garcia, inviting him to attend the Traffic Safety Committee Meeting and/or contact staff with any questions; and WHEREAS, staff presented this item to the Traffic Safety Committee and, after discussion, the Traffic Safety Committee voted to approve staff’s recommendation to install two green curb “30-MInute" parking spaces with signage in front of the business located at 108 W 18th Street; and WHEREAS, National City Municipal Code section 11.32.140 prohibits stopping or parking at any posted location where parking is restricted or prohibited by resolution of the City Council; and WHEREAS, National City Municipal Code section 11.32.190 authorizes the City Engineer to designate and for the Director pf Public Works to install curb markings to indicate parking or standing regulations, including green curbs which prohibits stopping, standing, or parking for Page 418 of 546 longer than fifteen or thirty minutes, as marked or signed, on the days and between the times posted; and WHEREAS, if approved by City Council, all work will be performed by City Public Works. 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 installation of two parallel “30- Minute” Parking Spaces in front of V&P Wholesale Warehouse located at 108 W. 18th Street to increase parking turnover for customers. 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 3rd day of December, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 419 of 546 AGENDA REPORT Department: Planning Prepared by: Martin Reeder, AICP – Asst. Director of Community Development Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Resolution of the City Council of the City of National City Acknowledging Receipt of a California Coastal Commission Resolution of Certification of the City’s Local Coastal Plan Amendment Related to the Balanced Plan, Including Suggested Modifications. RECOMMENDATION: Adopt the Resolution BOARD/COMMISSION/COMMITTEE PRIOR ACTION: The City Council approved the Local Coastal Plan (LCP) Amendment in March of 2023. The California Coastal Commission certified the LCPA in August of 2024 with suggested modifications as discussed in the report. EXPLANATION: The Coastal Commission approved the City’s LCP amendment with suggested modifications that update the plan to provide clarity and affirmative language to ensure consistency with the Chapter 3 policies of the Coastal Act in regard to marine-dependent uses, public access and recreation, visual resources, and coastal hazards; add policies requiring lower cost options in new overnight accommodation developments or mitigation for new development that does not provide lower cost options, and replacement of future lower cost hotel rooms at a 1:1 ratio; incorporate revisions previously certified by the Commission in LCP amendment No. 1-98A and revisions proposed by the City following coordination with Commission staff. Before the LCP amendment can become effectively certified, the Coastal Commission Executive Director must determine that implementation of the approved amendment will be consistent with the Commission’s certification order. This is necessary because the amendment was certified with suggested modifications. In order for the Executive Director to make this determination, the City Council must formally acknowledge receipt of the Commission’s resolution of certification, including any terms or suggested modifications, and take any formal action which is required to satisfy them, such as revised plan policies, rezoning, or other ordinance revisions. This certification must also include production of new LCP text and figures demonstrating that the amendment (see Exhibit B), as approved by the Commission and accepted by the City, will be Page 420 of 546 incorporated into the City’s certified Local Coastal Program immediately upon concurrence by the Commission of the Executive Director’s determination. Once this final step has been taken, work on Phase 2 of the LCP update (Implementation Plan) will commence, with an expected hearing date next summer. FINANCIAL STATEMENT: There is no budgetary impact at this time, but certification of the Coastal Commission action will help realize the potential of the amended LCP, which will have a positive impact in future years as development that the LCP permits moves forward. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Balanced Budget and Economic Development ENVIRONMENTAL REVIEW: The Balanced Plan Environmental Impact Report on which the LCPA was based was certified by the San Diego Unified Port District in November 2022. The City Council accepted the EIR Findings and adopted the associated Mitigation Monitoring and Report Program. 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 – Resolution Exhibit B – Adopted LCP Land Use Plan with Coastal Commission Modifications Page 421 of 546 RESOLUTION NO. 2024- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A CALIFORNIA COASTAL COMMISSION RESOLUTION OF CERTIFICATION OF THE CITY’S LOCAL COASTAL PLAN AMENDMENT RELATED TO THE BALANCED PLAN, INCLUDING SUGGESTED MODIFICATIONS AS ADOPTED BY THE COMMISSION. WHEREAS, Section 30500 of the California Public Resources Code requires each county and city to prepare a Local Coastal Program ("LCP") for that portion of the coastal zone within its jurisdiction; and, WHEREAS, the City of National City did adopt its LCP by City Council Resolution No.15,614 May 10, 1988 and said LCP was certified by the California Coastal Commission on April 14, 1988; and, WHEREAS, the City has amended the LCP most recently by adoption of Resolution No. 2023-34 on April 4, 2023 and said LCP amendment was certified by the California Coastal Commission on August 8, 2024 with suggested modifications; and, WHEREAS, the City must formally acknowledge receipt of the Commission’s resolution of certification, including any terms or suggested modifcations and take any formal action which is required to satisfy any terms or suggested modifcations; and, WHEREAS, staff has amended the Local Coastal Program Land Use Plan to include the suggested modifications proposed by the Coastal Commission, which has been reviewed and agreed to by the City Council; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the City does formally acknowledge receipt of the Commission’s resolution of certification, including their suggested modifcations, and has taken formal action through adoption of this resolution to agree to said suggested modifcations, including incorporation into the City’s certified Local Coastal Program. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. Page 422 of 546 PASSED and ADOPTED this 3rd day of December, 2024. __________________________ Ron Morrison, Mayor ATTEST: _____________________________ Shelley Chapel, City Clerk APPROVED AS TO FORM: _____________________________ Barry J. Schultz, City Attorney Page 423 of 546 NATIONAL CITY LOCAL COASTAL PROGRAM LAND USE PLAN Prepared By George S. Nolte & Associates, 1981, And updated by the City of National City, 1988 Adopted by City Council Resolution No. 15,614 May 10, 1988 Amended by: Resolution No. 91-60, April 2, 1991 Resolution No. 93 -26, March 2, 1993 Resolution No. 96-145, September 10, 1996 Resolution No. 96-177, December 17, 1996 Resolution No. 97-53, May 6, 1997 Certified by the California Coastal Commission April 14, 1988 July 16, 1991 June 10, 1993 July 10, 1997 August 8, 2024 This document was prepared with financial assistance from the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration, under the provisions of the Federal Coastal Zone Management Act of 1972, as amended, and from the California Coastal Commission under the provisions of the Coastal Act of 1976. Page 424 of 546 2 TABLE OF CONTENTS PAGE Executive Summary I. 4 CHAPTER I. The Coastal Act 30 II. National City 33 III. Public Access (Public Access Component) 39 IV. Recreation 44 V. Marsh Preservation 48 VI. Visual Resources 56 VII. Industrial Development 59 VIII. Environmental Hazards 62 Page 425 of 546 3 LIST OF FIGURES PAGE 1 Political Jurisdictions Map 7 2 Land Use Map 8 3 Balanced Plan Map 14 4 City Owned Parcels Existing & Proposed Zoning Map 15 5 Public Access Map 18 6 Sub-Areas Map 37 LIST OF APPENDICES Appendix I California Coastal Act - Chapter 3 Policies Appendix II Biological Resources of Paradise Marsh (RECON) Appendix III Schedule of Parking Requirements Appendix IV City Standards for Building Aesthetics and Materials, Height, Signing and Landscaping. Page 426 of 546 4 EXECUTIVE SUMMARY BACKGROUND Public access, resource protection, and protection of maritime related industries in the Coastal Zone were significantly enhanced with the passage of the California Coastal Zone Conservation Act by the voters of California in November 1972. Subsequent required changes to the Act now include environmental justice and climate change as impacts to be mitigated. The City of National City and its Coastal Zone is an area where the community has long been impacted by toxic air pollutants that are largely attributed to maritime industrial-related operations. The community has had few opportunities to access the bay and yet is the most impacted by airborne pollutants. From 2007 to 2022 the Port of San Diego, the City of National City, the community, and Port tenants worked collectively to develop a balanced plan that would serve as the basis for creating enhanced public access and recreational opportunities while protecting maritime-related industries. In November 2022 the Port of San Diego certified the Balanced Plan Environmental Impact Report, which reflected several land use changes within the Port Master Plan. Because of that action the City is now amending the Local Coastal Plan portion of its Local Coastal Program (LCP) to reflect the approval of the Balanced Plan. The Balanced Plan Local Coastal Plan Amendment (LCPA) is the first phase of a multi-phased LCPA process which will update the entire LCP to reflect changes in the Coastal Act, update background information, and make necessary corrections throughout the document. The City intends to provide the California Coastal Commission (Commission) with a comprehensive LCP update, now estimated for fiscal year 2023/2024. The City’s 2022 LCPA is in keeping with the declaration of the state legislature in adopting the Coastal Act of 1976 was that the Coastal Zone is a distinct and valuable resource of vital and enduring interest to all people. The basic objectives of the Coastal Act are to achieve the following: "Protect, maintain, and where feasible, enhance and restore the overall quality of the Coastal Zone environment and its natural and man-made resources. "Assure orderly, balanced utilization and conservation of Coastal Zone resources taking into account the social and economic needs of the people of the state. "Maximize public access to and along the coast and maximize public recreational opportunities in the Coastal Zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners. "Assure priority for coastal-dependent and coastal related development over other development on the coast. (Amended by Cal. Stats. 1979, Ch. 1090) "Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development of mutually beneficial uses, including educational uses, in the Coastal Zone.” In 2015 the Commission adopted a Sea Level Rise policy that considers new development applications that may be adversely impacted from the effects of climate change. Unlike many Page 427 of 546 5 coastal cities, National City does not have many residential properties within its Coastal Zone jurisdiction. Most of the area is zoned Medium Manufacturing, which does not permit new residential construction Accordingly, methods and mitigation measures that would typically include retreat policies, development exclusion zones, and minimizing the armoring of the coastline have little application to the City. However, areas that are near the Sweetwater Marsh, that have not been previously developed, maybe required to increase the elevations of any new building or other appropriate mitigation measures described in the Balanced Plan Final Environmental Impact Report of 2022. In 2019 the Coastal Commission adopted an Environmental Justice Policy that recognizes that marginalized populations have been subjected to discriminatory land use practices that have precluded access to affordable recreational assets along the coastline. These communities have also been disproportionately impacted by pollution. The City of National City is an environmental justice community with its residents long subjected to toxic air pollutants from Port operations and a lack of access to lower cost recreational facilities along the bay. In large part, the Balanced Plan project is directed at expanded access to the bay, providing affordable recreational amenities, and creating well-paying jobs. While there is much work to be done, the Balanced Plan provides the framework addressing the goals of the Commission’s Environmental Justice Policy. The implementation of the Coastal Act is predicated upon the involvement of local government. The Act declares that "to achieve maximum responsiveness to local conditions, accountability and public accessibility, it is necessary to rely heavily on local government and local land use planning procedures and enforcement." To this end, the Act directs each local government within the coastal zone to prepare a Local Coastal Program (LCP). An LCP consists of a local government’s land use plans, zoning ordinances, zoning district maps, and implementing actions which implement the provisions and policies of the Coastal Act at the local level. During preparation of a Local Coastal program, local governments should coordinate planning with affected local, regional, state, and federal agencies, and provide the maximum opportunity for public participation. Under the Coastal Act, the responsibility for ensuring meaningful public participation rests with both the Coastal Commission and local government; however, the local government retains the primary responsibility for involving the public in the actual planning process. After the LCP has been reviewed and approved by the local government, it is then submitted to the State Coastal Commission for review. In certifying the land use plan, the Commission must find that the plan conforms to Chapter 3 of the Coastal Act, and contains the required public access component. The zoning and implementing ordinances are then reviewed to determine conformance with the approved land use plan. Once the land use plan and implementing ordinances have been certified, the review authority for new development within the Coastal Zone will revert from the Coastal Commission to local government. The local government in issuing coastal development permits must then make the finding that the development is in conformity with the approved LCP. The Coastal Zone of National City includes all the area west of I-5, and a small area east of I-5 south of 30th Street. However, the Coastal Zone is controlled by three separate governmental agencies: the San Diego Unified Port District, the United States Navy, and the City of National Page 428 of 546 6 City. The Port District has jurisdiction over all of the state tidelands bayward of the adjudicated mean high tide line, approximately 250 acres of land area and any property acquired by the Port and approved by the State Lands Commission (See Figure 1). The Port District's jurisdiction also includes an isolated parcel of tidelands which is located in the salt flats south of Chula Vista that is connected to National City by a 300-foot wide corridor through San Diego Bay. The Port District submitted its Master Plan to the Coastal Commission and it was conditionally approved in October, 1980. The plan has been amended several times since then. Under the jurisdiction of the United States Navy is approximately 300 acres and 8,300 lineal feet of bay frontage. Federal lands are under the jurisdiction of the Federal Coastal Zone Management Act, which states that military lands shall comply with coastal planning to the extent that national security is not imperiled. The Coastal Zone area over which National City retains jurisdiction totals approximately 575 acres, and is bounded by the U.S. Navy lands to the north, and the Chula Vista Bayfront to the south. The purpose of the Land Use Plan of National City's LCP is to provide technical background information, policy recommendations, and a land use plan map (See Figure 2). The substantive areas of discussion, as directed by the work program approved by the Coastal Commission, are public access, recreation, marsh preservation, visual resources, industrial development, and environmental hazards. The City’s LCP is now revised to include a new section of a plan prepared in conjunction with the San Diego Unified Port District (District) referred herein as the Balanced Plan. The Balanced Plan preserves all applicable HDSAP public access and resource protection policies. Each of the above issue areas is discussed and evaluated as to existing conditions and existing planning and zoning regulations. This discussion is then followed by a more in-depth analysis of planning issues and their applicability to Coastal Act policies and Coastal Commission guidelines. Each discussion category is concluded with appropriate policy recommendations. A listing of those recommendations is presented in the “POLICY RECOMMENDATION” at the end of each chapter. Page 429 of 546 ± National City Political Jurisdictions Map Figure 1 ¨§¦I-5 W 32nd St Na t i o n a l C i t y B l v d Civic Center Dr Cl e v e l a n d A v e Ti d e l a n d s A v e Ha r b o r D r City of Chula Vista City of San Diego D A v e Division St C St Sa n D i e g o B a y £¤SR-54 0 0.50.25 Miles San Diego Unified Port District Legend Coastal Zone Boundary National City Boundary Military National City within Coastal Zone US Fish & Wildlife Service Bay Marina Dr W 30th St Miles of Cars Way W 18th St E 30th St E 24th St E 18th St Page 430 of 546 ± National City Land Use Plan Figure 2 0 0.50.25 Miles ary f C Legend Industrial Coastal Zone Boundary National City Boundary Tourist Commercial/Recreation Open Space (Freeway, Trolley, Flood Control Channel R.O.W) M C Commercial Automotive CT OS OSR ¨§¦I-5 W 32nd St Na t i o n a l C i t y B l v d Civic Center Dr Cl e v e l a n d A v e Ti d e l a n d s A v e Ha r b o r D r City of Chula Vista City of San Diego D A v e Division St C St Sa n D i e g o B a y £¤SR-54 Bay Marina Dr OSR M M C C OS CT M W 30th St Mile of Cars Way W 18th St E 30th St E 24th St E 18th St Open Space Reserve Page 431 of 546 9 THE BALANCED PLAN OVERVIEW The City of National City (City), in conjunction with the San Diego Unified Port District (District), GB Capital Holdings (GB Capital), District tenants, and Pasha Automotive Services (Pasha) have been working together to propose a mixed-use recreational and maritime industrial project that includes both landside and waterside development components on approximately 58 landside acres and 19 waterside acres in the City’s waterfront area. This project is collectively referred to as the “Balanced Plan” and is intended to be mutually beneficial to the region. It is geographically located within the jurisdictional boundaries of the City and the District. Specifically, the Balanced Plan includes the following main components within the City’s jurisdiction, which are addressed in detail later in this section: Amendments to the City’s LCP, General Plan, and Land Use Code (LUC), that would include changes to the City’s and District’s jurisdictional boundaries due to District land purchases; changes to subarea boundaries; and changes to land use, specific plan, and zone designations Removal of approximately 12.4 acres within the Balanced Plan area, located mostly on the GB Capital site east of the mean high tide line and owned in fee by the District, from the City’s General Plan, LCP, and LUC to reflect changes in land use and jurisdictional authority. Construction and operation of a new segment of the Bayshore Bikeway The Balanced Plan also includes a number of development components located within the jurisdiction of the District which are integral to the overall development of the waterfront and marina area. However, as a function of State law under the Unified Port District Act (“Act”) the City has no land use authority over lands acquired by the District and as a result are no longer addressed in the City’s LCP. Per the requirements of the Act and the California Coastal Act, all District development components are addressed in the District’s Port Master Plan Amendment. Changes within the District’s jurisdiction include the following and are presented for informational purposes: Changes to land and water use designations in the District’s Port Master Plan (PMP). Construction and operation of a recreational vehicle (RV) park, modular cabins, dry boat storage, an expanded marina, and up to four hotels, primarily within the District’s jurisdiction within lands leased to GB Capital. The expansion of Pepper Park from 5.2 acres to 7.7 acres to increase park space and recreational opportunities for the community. Construction and operation of a rail connector track and storage track within the District’s jurisdiction to serve the Pasha Group’s maritime operations at the National City Marine Terminal. Closure of Tidelands Avenue between Bay Marina Drive and 32nd Street, as well as West Page 432 of 546 10 28th Street between Tidelands Avenue and Quay Avenue, within the District’s and City’s jurisdictions, and re-designation of the area to Marine-Related Industrial in the District’s PMP. Construction and operation of Segment 5 of the Bayshore Bikeway within the District’s jurisdiction in coordination with the bikeway sections located in the City’s jurisdiction. Construction and operation of hotel, restaurant, retail, and/or a combination of tourist/visitor serving commercial development north of Bay Marina Drive PMP Amendment (PMPA) to clarify jurisdictional land use authority, re-designate land uses, and balance commercial and maritime uses. HARBOR DISTRICT SPECIFIC AREA PLAN (HDSAP) The HDSAP was adopted by the City Council on July 28, 1998 and was certified by California Coastal Commission November 5, 1998. At that time, the HDSAP was intended to be a resource- based, environmental implementation plan to establish site-specific conservation and development standards in the OSR (Open Space Reserve), CT (Tourist Commercial), MM (Medium Manufacturing), and OS (Open Space) districts. No land use changes or specific development were included, however. Since 1998, the HDSAP has been implemented and no longer relevant given the changes in jurisdictional boundaries between the District and the City and, hence, the HDSAP will be replaced by the Balance Plan in the following manner: The Balanced Plan includes the removal of approximately 12.4 acres located mostly on the GB Capital site east of the mean high tide line and owned in fee by the District (Subareas B-1 and B-2). Because this land is no longer in the City’s jurisdiction, it is eliminated from the City’s General Plan, LCP, and LUC to reflect changes jurisdictional authority. HDSAP Subarea A, approximately 8.3 acres, has already been developed with the Marina Gateway project, consistent with the HDSAP. HDSAP Subarea B-3 is being utilized as a buffer to the Paradise Marsh, public access, the Bayshore Bikeway, and for utility corridor, including SDG&E transmission towers. Additionally, the U.S. Fish and Wildlife Service has an easement providing access to the Paradise Marsh and the D Street Fill, located just south of the site. HDSAP Subarea C proposed the Harrison Avenue Public Access Corridor which has been completed. HDSAP Subarea D, a 3,500-foot-long segment of filled land, which lies between the I-5 freeway and the Paradise Marsh, has been restored with native landscaping, consistent with the HDSAP. The Paradise Marsh unit of the Sweetwater Marsh National Wildlife Refuge is federally owned, operated, and managed and is no longer under National City Coastal Development authority. Page 433 of 546 11 In 2008, Pier 32 Marina, entirely located within the District’s jurisdiction, opened to the public and provided increased public access and public views to the water, consistent with the HDSAP. Because the HDASP was adopted as a City specific plan certified by the Coastal Commission separately from the City’s LCP, the City must embark on a subsequent planning process to implement changes to the HDASP. As part of the three-phased LCP update process agreed to by the Commission it is the City’s intent to incorporate applicable HDSAP coastal policies into the LUP and Implementation Plan as part of implementation of the Balanced Plan LCPA. This process would require future Coastal Commission certification. BALANCED PLAN-CITY PROGRAM Land Use Changes The City Program is an integral component of the overall Balanced Plan. Development on the Balanced Plan City Program would not be subject to the Public Trust, but it would be within the California Coastal Zone and the City's LCP area. As previously discussed, the City Program would require amendments to the City's General Plan, LUC, and LCP. The general components of the Balanced Plan are shown in Figure 3. Balanced Plan components that are within the jurisdiction of the Port District are show for illustrative purposes only. Because the Harbor District Area Specific Plan (HDSAP) is the certified Implementation Plan for a large portion of the land that is subject to the Balanced Plan, the City’s general Implementation Plan (IP) will need to be updated to include the relevant policies from the HDASP at a future date. This is due to the fact that much of the HDSAP has been implemented and no longer relevant in addition to the changes in jurisdictional boundaries between the District and the City. The City Program proposes amendments to the City's General Plan, LCP, and LUC for five City- owned parcels located north of Bay Marina Drive, which will be done as part of a future phase of the LCP update process. See Figure 4. Parcels 1 through 6 are owned by the City and compose two complete blocks between Bay Marina Drive to the south, West 23rd Street to the north, Marina Way (formerly Harrison Avenue) to the west, and I-5 to the east. The City proposes to rezone Parcels 1, 2, 3, 5 ,and 6 from MM (Medium Industrial) to CT which could allow these parcels to be developed with hotel, restaurant, retail, and/or some combination of tourist-/visitor-serving commercial uses. The CT zone currently allows a floor area ratio (FAR) of up to 1.0, with no height limit; however, as part of the Balanced Plan, the FAR will increase to 2.0. The maximum allowable development with a FAR of 2.0 would be approximately 254,782 square feet of floor area. The proposed 2.0 FAR would allow for the development of desired land uses that require substantial floor areas such as hotels which would be of economic benefit to the City and provide opportunities for increased public access to the City’s marina area. All applicable Coastal Act standards for viewsheds, public access, and resource protection will be incorporated into the implementation of these land use changes. Development standards such as the parking requirement and landscaping would be based on the specific uses permitted in the CT zone at such time as future development is proposed. Page 434 of 546 12 Additionally, there are two easements along the wetlands; one is owned by SDG&E and the other provides access to the US Fish and Wildlife Service Refuge and is operated by the Service. These easements are located directly east of the Pier 32 Marina and across the Sweetwater Channel and terminating at the wildlife refuge. With the removal of the South Bay Power Plant in Chula Vista, the SDG&E easement area may provide additional recreation opportunities under and enhance opportunities to meet the goals of the Balanced Plan. This area could serve as parking or overnight accommodations or other development that would enhance the marina environment. Such uses would be required, as part of the CEQA environmental review process, to fully mitigate any biological impacts to adjoining habitats or to protect other coastal resources. The remaining Parcels 4 and 7 are currently zoned CT and will remain so. Parcel 7 (approximately 1.2 acres), owned by the City and leased to the San Diego Railway Association, is at the northwest corner of Bay Marina Drive and Marina Way. The historic Santa Fe Rail Depot is on this parcel, and no new development is proposed on this parcel. No other City land use changes or development are currently proposed as part of the Balanced Plan. Coastal Resources and Environmental Protection It is the City’s policy that all development within its Coastal Zone fully comply with all applicable Coastal Act and LCP policies. With respect to the Balanced Plan, the City shall further ensure that all future development within the Balanced Plan comply with all applicable mitigation measures as identified in the Port District’s Balanced Plan Environmental Impact Report as certified by the Port District’s Board of Port Commissioners on November 16, 2022 and as adopted by the National City City Council on April 4, 2023. These mitigation measures address the following array of potential environmental effects: Aesthetics and Visual Resources Air Quality and Health Risk Biological Resources Cultural Resources Greenhouse Gas Emissions and Climate Change Hazards and Hazardous Materials Land Use and Planning Utilities and Service Systems The mitigation measures for these effects are described in the Mitigation Monitoring and Reporting Program (MMRP) which was approved by the National City City Council via Resolution No. 2023-33 on April 4, 2023. The MMRP is incorporated by reference into this LCP. All mitigations described therein which are applicable to the City’s portion of the Balanced Plan will be included in the Balanced Plan project review and approval process for changes made to the project(s), or conditions of approval, which will be adopted in order to mitigate or avoid significant effects on the environment and to monitor performance of the mitigation measures. These mitigation measures will further complement the project compliance with applicable Coastal Act and LCP policies. Page 435 of 546 13 City/District Jurisdictional Changes The Balanced Plan proposes the removal of approximately 12.4 acres within the Balanced Plan area, located mostly on the current day GB Capital leasehold east of the mean high tide line and on land now owned in fee by the District, from the City’s General Plan, LCP, and LUC to reflect changes in land use and jurisdictional authority. This change will clarify the jurisdictional boundary between the City and the District and will be reflected on all City zoning and General Plan Maps. These lands are not currently regulated by the PMP and this jurisdictional amendment will ensure consistency with the California Coastal Act, Public Trust Doctrine, and Act. The District will amend its PMP map accordingly. Bayshore Bikeway As a major goal of the City’s original LCP submission, the Bayshore Bikeway is now being realized. The Bayshore Bikeway Segment 5 is generally located on a combination of existing roadways, including Bay Marina Drive, Marina Way (formerly Harrison Avenue), Cleveland Avenue, McKinley Avenue, West 19th Street, Tidelands Avenue, West 14th Street, and Civic Center Drive. Most of the Bayshore Bikeway Component is located within the City’s jurisdiction, and the southernmost portion is located within District jurisdiction. This new section of the Bayshore Bikeway is an important component of the 24-mile Bayshore Bikeway that circumnavigates San Diego Bay. Page 436 of 546 Figure 3 ± Balance Plan Map 0 500250 Feet Coastal Zone Boundary ¨§¦I-5 Mc K i n l e y A v e Ma r i n a W a y I- 5 S o u t h b o u n d Bay Marina Dr I- 5 N o r t h b o u n d Ti d e l a n d s A v e Qu a y A v e National Distribution Center National Distribution Center W 28th St W 23rd St Pier 32 Pepper ParkCity Tourist Commercial Component (City) Bayshore Bikeway Component (City and Port) Pasha Road Closures Component (Port) GB Capital Component (Port) Pasha Rail Improvement Component (Port) Legend W 32nd St National City and Port of San Diego Components* *Port of San Diego components shown for informational purposes only Page 437 of 546 ± Figure 4 0 250125 Feet Legend Medium Industrial (MM) changed to Tourist Commercial (CT) Legend City Parcel Number Tourist Commercial (CT) ¨§¦I-5 Mc K i n l e y A v e W 23rd St Cl e v e l a n d A v e Ma r i n a W a y I- 5 S o u t h b o u n d I- 5 O f f - R a m p Bay Marina Dr W 22nd St I- 5 N o r t h b o u n d Ha r r i s o n A v e # 6 2 1 5 4 3 7 City-Owned Parcels Existing & Proposed Zoning Page 438 of 546 16 POLICY RECOMMENDATION PUBLIC ACCESS 1.New public shoreline accessways shall be designated to and along Paradise Marsh and the Sweetwater River Channel as generally shown in Figure 5. 2.Public accessways to or near the water shall be provided in conjunction with new development and protected through public access easements or other suitable means of conveyance. 3.In the event that new development is not forthcoming, it is the City’s policy to seek the assistance of the Coastal Conservancy, or other appropriate agency, to acquire, plan, and finance public shoreline access. 4.The precise location, design and identification of public accessways shall be consistent, to the maximum degree feasible, with the coastal access standards prepared jointly by the Coastal Commission and the Coastal Conservancy. 5.As indicated in the General Plan, it is the City’s policy that the Bay Route Bikeway (now the Bayshore Bikeway) be extended southerly from Bay Marina Drive and Harrison Avenue to the Paradise Marsh and boat launching ramp areas and across Sweetwater River Channel to the Chula Vista Bayfront. It is also the City’s policy that additional nature trails and bicycle trails be developed adjacent to the Paradise Marsh to connect to the Bay Route Bikeway and Sweetwater River Flood Control Channel Trail System. 6.Alternative modes of access to National City’s Bayfront shall be actively encouraged. Specifically, the trail systems proposed as a part of the Army Corps’ Sweetwater River Flood Control Channel project, which would provide linkage from National City’s Bayfront to inland areas, are supported. 7.All new development shall incorporate adequate on-site parking to accommodate the parking demand generated. The number of required parking spaces for new development shall be determined during the implementation phase of the Local Coastal Program, but shall be, at a minimum, consistent with the schedule of parking requirements of the Municipal Code (Appendix III). 8.Marina Way, a new access road formerly known as Harrison Avenue, located westerly and parallel to the Paradise Marsh extends southerly from the vicinity of Bay Marina Drive to the National City Boat Launching Facilities and Pier 32 Marina, which includes a variety of commercial and recreational uses. A buffer shall be maintained between the roadway and the marsh. The Balanced Plan identifies continued buffering between the marsh and roadway, located in the upland area west of Paradise Marsh. It also proposes landscaping or other design elements to provide visual linkage and identity for the Paradise Marsh area and appropriate visual separation from the industrial area to the west and freeway to the east. Page 439 of 546 17 9. New development shall not interfere with desirable public access that may exist or be established by public use on or across private property, i.e. prescriptive rights. Desirable public access shall include access to natural or constructed coastal, recreational resources, except where necessary to protect fragile coastal resources or public safety, or where adequately provided for in another area. Development projects shall be reviewed to determine evidence of public use. The proposed Balanced Plan, in conjunction with the Port of San Diego, would also increase the availability of lower costs visitor serving uses and allow greater public access to the waterfront. Implementation of the Balanced Plan would provide new opportunities to experience views of the Bay and Sweetwater Channel from the expansion of Pepper Park, and new hotels, a recreational vehicle park, and modular cabins. These land use changes provide lower cost recreational opportunities for the community and members of the nearby region that have been historically underserved. 10. Public access shall include access to natural or constructed coastal recreational resources, except where necessary to protect fragile coastal resources or public safety, or where adequately provided for in another area. 11. New development shall not interfere with desirable public access that may exist or be established by public use on or across private property, i.e. prescriptive rights. Desirable public access shall include access to natural or constructed coastal, recreational resources, except where necessary to protect fragile coastal resources or public safety, or where adequately provided for in another area. Development projects shall be reviewed to determine evidence of public use. Page 440 of 546 £¤SR-54 National City Public Access !(à !(à ¨§¦ D A v e W 32nd St Na t i o n a l C i t y B l v d Civic Center Dr Cl e v e l a n d A v e Ti d e l a n d s A v e H a r b o r D r City of Chula Vista City of San Diego 0 0.50.25 Miles !(à Trolley Stations Bikeway - Existing Class II - Bike Lane Class III - Bike Route Class IV - Cycle Track Class I - Muliti-Use Path Bikeway - Proposed Access MTS Trolley Line Planned Class I Planned Class II Planned Class III Planned Class IV Pedestrian Path Planned Pedestrian Path Coastal Zone Boundary Figure 5 ± National City Public Access I-5 Division Street City of Chula Vista Sa n D i e g o B a y National City Boundary W 30th St Miles of Cars Way W 18th St E 30th St E 24th St E 18th St Page 441 of 546 19 RECREATION 1. The National City Bayfront shall be designated for tourist commercial and recreational use, as indicated in the Land Use Plan (Figure 2). The areas to the west and to the north of the Marsh shall be designated for tourist commercial and recreational uses. Wetland resources located west of the railroad, which are not proposed for public acquisition, shall be protected from incompatible development, consistent with marsh preservation policies. 2. The passive recreational area would accommodate the preservation of Paradise Marsh, along with the provision of public accessways and landscaped areas. Public access would be provided and managed consistent with the public access component of the LCP and the maintenance of wetland resource values. Beyond this area, a transition to more active uses could begin. Landscaped areas suitable for picnicking and general recreation may be appropriate. 3. In order to meet specific recreational market demand and provide an attraction for secondary uses, overnight uses and boating uses shall be assigned the highest commercial development priority for the commercial recreational areas. For the area west of Paradise Marsh, appropriate uses include expanded marina development, new hotel and restaurant facilities, recreational vehicle park/campground, dry-storage and boat service facility, and/or public park areas. For the area north of Paradise marsh, hotel/motel facilities, restaurants and other tourist commercial uses would be appropriate. The intensity of development shall be reviewed for impacts on traffic circulation. A Specific Plan shall be prepared to address traffic circulation and roadway improvements, in conjunction with development plans for the tourist commercial area west of Paradise Marsh. The Specific Plan shall determine the location of roadway improvements, based on resource protection standards, i.e., consistency with marsh preservation policies. Tourist commercial development in the above-referenced areas shall be consistent with existing or currently planned road capacities to the north and south of the proposed tourist commercial area. The intensity of development shall also be reflective of the constraints placed on these roadways by the Marsh Preservation policies of the LCP. 4. In order to develop the visitor commercial and recreational area west of Paradise Marsh coordination with the Port District for concurrent development of Port District lands shall continue to be encouraged while environmental justice impacts are mitigated. A higher quality project and a better design should result from such coordination and a more viable development will likely be attracted to the area. 5. Paradise Marsh has been acquired by the United States of America and is managed as a National Wildlife Refuge unit by the U.S. Fish & Wildlife Service. To enhance the environmentally sustainable recreational potential and attractiveness of the National City waterfront, the restoration and management of paradise March for high-quality endangered species, habitat, and associated wetland values is a desirable program. A feasible restoration plan is the province of the U.S. Fish & Wildlife Service, whose coordination Page 442 of 546 20 and cooperation with the city and other interested agencies, persons, and organizations is cordially invited. 6. To ensure that the recreational potential of the area is maximized, development shall take into account the proximity to the MTS Trolley System, the Bayshore Bikeway, and the Sweetwater River Flood Control Channel’s recreational areas and trails systems, as well as recreational uses planned in the adjacent Chula Vista Bayfront and other waterfront development along the San Diego Bay. 7. Coastal Act Section 30213, states: Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities. National City does not have any parks or waterside amenities, such as public fishing piers or launch areas for motorized and non-motorized watercraft, within its coastal jurisdiction. Those aforementioned waterside features are all present and available to the public within the adjacent Port District’s jurisdiction and the City intends to provide equitable opportunity to access these waterside features. National City is a disadvantaged and low-income community as identified by the California Environmental Protection Agency. Approximately 20% of the City’s residents are below the federal poverty level and approximately 45% of its residents are in economic hardship. National City is one of the lowest income cities in the Coastal Zone in Southern California, if not the lowest. The area of National City west of Intersta te 5, which includes the Coastal Zone, has also been impacted by the pollution and environmental impacts associated with the adjacent industrial marine terminal, adjacent military operations, and Interstate 5 freeway impacts. Considering this situation, and as previously described, the premise of the Balanced Plan was to formulate a collaborative City/Port plan that would serve as the basis for creating enhanced public access as well as visitor-serving and recreational opportunities while protecting coastal resources and maritime-related industries. The implementation of this Plan would help set in motion the Port and City’s efforts to improve the waterfront area with park expansion, infrastructure improvements, enhanced boating opportunities, and economic drivers that would help generate momentum to invest in the Coastal Zone and adjacent City areas west of Interstate 5. It is this type of investment that is needed to help generate much needed revenues that would support the City’s efforts to improve and change the community. As part of the Balanced Plan, the City intends to provide new visitor-serving accommodation opportunities within the Coastal Zone, which includes the Successor Agency’s parcels located north of Bay Marina Drive, west of Interstate 5 and south of West Page 443 of 546 21 23rd Street as described in the Balanced Plan section of this LCP. Consistent with the Coastal Act, it is the City’s policy to encourage the development of opportunities for a variety of visitors to access, recreate, and stay overnight in the National City waterfront. Development permittees are encouraged to provide a variety of lower cost visitor and recreational facilities to improve coastal access where feasible. Lower-cost visitor accommodations will be facilitated by protecting, encouraging, and where feasible, providing such lower-cost overnight accommodations. Specifically: a) New hotel and motel development within the City’s Coastal Zone shall provide a range of room types and sizes in order to serve a variety of income ranges. b) An inventory of 150 new higher-cost overnight accommodation units may be constructed in the City’s Coastal Zone without accompanying lower cost requirements identified in this Policy, subdivision (c) provided that the City preserves at least 184 rooms (50% of inventory) of the existing (as of 2024) 368 lower-cost visitor accommodation units within 0.5 miles to the Coastal Zone. In order to verify compliance with this policy, the City shall report the inventory of such lower-cost accommodation units to the Executive Director of the Coastal Commission prior to the approval of the 150 new higher-cost accommodation units. c) If and when that inventory of 150 higher-cost units in this Policy, subdivision (b), is met, thereafter all new or remodeled higher-cost visitor-serving accommodations in the Coastal Zone shall be required to provide 25% of the new or remodeled higher-cost rooms as lower-cost visitor-serving accommodations. These accommodations may be provided through: Construction of new lower-cost units onsite or offsite within the City’s Coastal Zone; Conversion of existing higher-cost or moderate-cost overnight accommodation units to lower-cost overnight accommodation units; or Contribution to an in-lieu fee program, only where the construction of new lower-cost units or conversion of existing units to lower-cost is determined to be infeasible pursuant to a feasibility analysis. d) An in-lieu mitigation fee shall be based on approximate construction costs per room, adjusted for inflation using a building cost index such as the California Construction Cost Index, as applicable, plus land cost by square footage, shall be required. Construction costs shall be based on approximate hard and soft costs of building at least 25% of the proposed units as lower-cost accommodations on-site or shall be based on a comparable per-room construction cost estimate. Land cost calculations shall be based on the average square-footage of commercial land sales in the City over the past five years based on a certified appraisal. Page 444 of 546 22 The fee shall be used for construction of new lower-cost hotel rooms or other inherently lower-cost accommodations (e.g., motels, hostels, campgrounds, cabins) within the Coastal Zone in the City. All in-lieu fee payments shall be deposited into an interest-bearing account, to be established and managed by the State Coastal Conservancy, or a similar entity approved by the permitting authority. Funds may be used for activities including land acquisition, construction, permitting, or renovation that will result in the provision of additional lower- cost overnight visitor accommodations. If any portion of the in-lieu fee remains five years after the date of deposit into the interest-bearing account, the funds may be used to provide lower-cost overnight accommodations outside of the City, within the San Diego County Coastal Zone. e) Lower-cost overnight accommodations in the Coastal Zone shall not be removed or converted unless replaced at a 1:1 ratio with units comparable in function, amenities, location, and cost to the public. Lower-cost overnight accommodations are defined as overnight accommodations with an annual average daily room rate (ADR) equal to or less than 75% of the annual statewide ADR; high-cost overnight accommodations are defined as overnight accommodations with an annual ADR equal to or greater than 125% of the annual statewide ADR; and moderate-cost overnight accommodations are defined as overnight accommodations with an annual ADR between 75% and 125% of the annual statewide ADR. 8. In lieu of providing lower-cost overnight accommodations, the construction of the 150 new high-cost hotel rooms detailed in Policy 7(b) shall include a Community Benefits Program that provides lower-cost coastal access opportunities as conditions of approval for the requisite coastal development permit. The Community Benefits Program shall be reviewed and approved by the City and shall include, at minimum: A description of all community benefits and a process to add to the list of community benefits. Identification of all reviews, permits, and approvals that may be needed to implement these community benefits. A proposed schedule to complete implementation, which shall ensure community benefits are provided prior to or concurrent with the operation of the hotel(s). Targeted marketing and outreach strategies to ensure the benefits are reaching and prioritizing National City residents in an equitable manner. Page 445 of 546 23 A monitoring plan. Annual report to the City identifying community benefits and evidence of the services provided. To develop the Community Benefit Program, the developer will provide a Community Engagement Plan for review and approval by the City that describes how the developer will provide opportunities for National City community members to identify public access priorities and projects for the benefit of National City residents. The Community Engagement Plan shall: Describe a community engagement strategy using community-centered and culturally relevant engagement and outreach methods (e.g., communication with multiple forms of media and in relevant languages, partnerships with local organizations, various methods to participate, such as in person meetings, online options, mail-in surveys, etc.) Materials developed to implement the Plan shall be provided in plain language to prevent cultural or educational barriers from preventing or reducing public participation. Include a schedule and agendas for at least three community workshops within the City to allow community input on preferred community benefits, if these community workshops have not been previously conducted by the City. Workshops shall be noticed at least one month in advance and shall include services to ensure maximum participation, such as free parking, childcare options, refreshments, translation services, and others. Upon City approval of the Plan, it shall be implemented in order to prepare a Community Benefits Program based on preferences expressed in the Community Engagement Plan. MARSH PRESERVATION 1. The wetlands of the Paradise Creek Marsh complex, including the secondary area of Paradise Marsh, east of I-5 Bannister Marsh), salt marsh, freshwater marsh, salt-pan, channel, and mudflat habitats, are valuable and sensitive biological resources, and shall be preserved through coordinated actions by the City and the United States Fish and Wildlife Service, which manages Paradise Marsh for the United States of America. The plan shall be OPEN SPACE/WETLAND PRESERVE. The boundaries of the “Open Space Wetland Preserve” areas include marsh area within Caltrans right-of-way easterly of the SDG&E right-of-way and Bannister Marsh, and the secondary area of Paradise Marsh east of the I- 5 freeway. The Sweetwater River area, south of 35th Street, designated for industrial and commercial use, and the wetlands located west of the railroad, which are not proposed for public acquisition, also contain valuable biological resources which shall be preserved under an overlay zone or other appropriate, implementing regulation which shall be defined in the implementation plan. The overlay zone or implementing regulation shall include requirements for mapping all wetlands not included in the “Open Space Wetland Reserve” land use designation, execution of open space easements over identified resources and their buffers in conjunction with new development and a determination of appropriate buffers for any new development. Page 446 of 546 24 2. In order to preserve Paradise Marsh, the wetlands located west of the former railroad right- of-way, including the proposed Bayshore Bikeway Segment 5, which are not proposed for public acquisition; the secondary area of Paradise Marsh, east of I-5; and the Sweetwater River south of 35th Street shall adhere to the following: Alteration shall be limited to minor incidental public facilities, restoration measures, and nature study. Consistent with the provisions of Section 30233, the diking, dredging and filling of wetlands, open waters, estuaries and lakes shall be permitted only where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: incidental public service purposes, restoration purposes, and nature study. There shall be no alteration of Paradise Marsh, the wetlands located west of the railroad which are not proposed for public acquisition, as well as of the secondary area of Paradise Marsh, east of I-5, and the Sweetwater River south of 35th Street, except as determined by a marsh restoration program which has been approved by the California Coastal Commission. The dumping of rubbish or commercial waste into the marsh areas shall be prohibited. The intrusion of off-road vehicles and unauthorized pedestrian traffic into the marsh areas shall be discouraged. A buffer area shall be established for new development adjacent to wetlands. A 100 ft. distance from the edge of the wetland shall generally provide an acceptable buffer acceptable to the state and federal agencies. The required distance may be increased or decreased based on consultation with the Department of Fish and Game. A buffer area less than 100 feet wide may be permitted, depending upon the analysis of the specific site proposed for development. Examples which may demonstrate that a lesser distance would be acceptable include but are not limited to the type and size of development, proposed buffer improvements such as landscaping or fencing, and existing site characteristics such as a grade differential between a marsh area and adjacent upland area, existing development in the area, and parcel size and configuration. Consistency with buffers required as part of the Sweetwater River Channel/Rt. 54 project shall also be considered in order to determine appropriate buffers less than 100 feet wide. The buffers shall be determined with the concurrence of the state Department of Fish and Game. 3. To enhance the habitat and aesthetic value of Paradise Marsh transitional and high-tide refuge areas located within the City’s jurisdiction, the wetlands located west of the railroad, which are not proposed for federal acquisition, as well as Bannister Marsh and the Sweetwater River south of 35th Street, feasible restoration activities shall be encouraged. Feasible restoration activities shall be determined with the potential assistance of the State Coastal Conservancy, U.S. Fish and Wildlife Service, California Department of Fish and Game, or other public agency or private group, including the Bayfront Conservancy Trust, to finance, plan, implement and manage a restoration program. The recommended elements for a restoration program include: Page 447 of 546 25 A public access and information program that would be designed to allow observation of the marsh, while controlling intrusion into the marsh itself. A component of the access program should be an interpretive nature trail along the western margins of Paradise Marsh, which could connect with an observation platform. The removal of all rubbish and debris from the marsh through a volunteer effort, or the California Conservation Corps. The dredging of Paradise Marsh, consistent with a marsh restoration program, prepared in consultation with the California Department of Fish and Game and approved by the California Coastal Commission, possibly concurrent with the construction of the Sweetwater River Flood Control Channel, to improve tidal flow and flushing. Dredging shall be restricted to existing tidal channels. The encouragement of a scientific research and educational program. 4. Wetlands in private ownership, which may be located in the CT, C and M, as well as OSR designated areas, shall be protected from development through the application of mitigation measures that include, but not be limited to, buffer zones; shielding of lights; barriers; educational signage; predator control measures; and run-off protection features. 5. Landscaping in areas adjacent to wetlands shall include only native plants which are non- invasive species. For all properties that have wetland features, each project shall incorporate BMP erosion control measures and shall be in place during all construction activities, biological monitoring and planning, and control of run-off during all grading activities along Marina Way. 7. For all properties that have wetland features and for all projects that drain into Paradise and Bannister Marshes, each project shall incorporate BMP erosion control measures, which shall be in place during all construction activities. Specific erosion control measures related to biological monitoring and planning, and control of run-off during all grading activities shall be approved, incorporated into development, be in place at the initial phase of work, monitored and maintained in conjunction with all grading activities, along Marina Way. VISUAL RESOURCES 1. To ensure that the development of the proposed commercial and recreational area adjacent to Paradise Marsh is of the highest aesthetic quality, the City shall require that the development of the site shall be in accordance with development standards and requirements to be determined by a Specific Plan for the area. The Specific Plan shall determine appropriate height limits, landscape elements, signage, and view protection and enhancement, consistent with the policies of the Land Use Plan. Vistas shall be provided from public roadways and public open space areas to Paradise Marsh and the Sweetwater River Flood Control Channel. Height limits shall be established as determined necessary to provide for focal points in key activity areas. Page 448 of 546 26 2. To ensure that the new road to provide access to the proposed recreation area adjacent to Paradise Marsh is of high visual quality, its design shall implement and incorporate the General Plan policy proposing the construction of landscaped entryways from Bay Marina Drive. Bay. 3. To ensure that new development throughout the Coastal Zone is visually appropriate, projects shall be reviewed for conformance to City standards for building aesthetics and materials, height, signing and landscaping. 4. A Specific Plan shall be prepared to identify design improvements to enhance the visual identity of the Paradise Marsh area, provide a visual linkage between recreational uses near the Sweetwater River Channel and tourist commercial uses west of the Marsh and at 24th Street, and appropriate visual separation or buffering of industrial uses to the west and freeway to the east. The design improvements identified in the Specific Plan shall include landscape elements, signage, and architectural elements or criteria, such as height, scale, bulk, color, and building materials. Protection or creation of vistas should also be identified in the Specific Plan. 5. Project design shall also be reviewed with regard to other appropriate visual elements identified throughout the development review process. INDUSTRIAL DEVELOPMENT 1. In the event that different industrial land uses are competing for available industrial land, priority shall be given first to marine related industrial uses and then to marine-related industrial uses. ENVIRONMENTAL HAZARDS 1. Section 30253(a) of the Coastal Act requires that new development minimize risks in areas of high geologic, flood and fire hazard. 2. Review of new development for sea level rise, flooding, seismic, and geologic hazards shall determine necessary improvements to minimize risk during the site plan review process, or during any applicable, discretionary review process. 3. Geotechnical and sea level rise reports shall be required for new development in areas subject to flooding and geologic hazards. 4.. Waivers of liability shall be required from applicants for Coastal Development Permits in areas of sea level rise and geologic hazards. 5.. Prior to the development of the parcels on both sides of the existing Sweetwater River Channel, south of 35th Street, a sea level rise and flood hazard study shall be conducted, based upon design criteria anticipating the potential flood hazard remaining after the Page 449 of 546 27 construction of the Sweetwater River Flood Control Channel or from a 100-year flood, whichever is applicable at the time of development. Specific development policies shall be provided in the Implementation Plan. The policies shall stress provision of adequate setbacks to minimize the amount of fill necessary for flood protection, and no armoring or channelization of the existing river channel for flood protection shall be allowed. LAND USE PLAN SUMMARY COMMERCIAL/RECREATION/OPEN SPACE The National City Bayfront should be designated for tourist commercial, recreational and open space use. Using the SD&AE railroad spur as a point of demarcation, the area located to the east, including Paradise Marsh and surrounding lands, would be suitable for passive recreational and open space uses only. Areas to the north of the marsh and west of the marsh and railroad spur should be designated for tourist commercial and recreational uses. The total land area within National City which is developable, west of the Bayshore Bikeway and SDG&E right-of-way, and designated for tourist commercial and recreational open space use is approximately 23 acres. Although the visitor commercial designation covers a broad range of uses, one or two anchor uses should be sought for the area. The Balanced Plan includes the expansion of Pepper Park, dry boat storage, and additional boat piers, RV park, and future hotels all within the Port District jurisdiction. The area to the north of the Paradise Marsh, east of the SD&AE railroad right-of-way and south of Bay Marina Drive is also designated for tourist commercial use. As part of the Balanced Plan, a transition area from the working waterfront to expanded recreational facilities will provide a gateway to the National City Bayfront. INDUSTRIAL National City’s portion of the Coastal Zone includes two separate areas that are characterized by industrial development. The most heavily industrialized area is located west of I-5. It is almost entirely developed with medium industrial uses, and is designated “Medium Manufacturing” and “Heavy Manufacturing” in the General Plan. Truck access in this planning area is from I-5 and includes limited rail access. The other industrial area within National City’s Coastal Zone is the Sweetwater industrial area which is 160 acres in size and located east of I-5. The areas to the north and south are virtually all developed with light industrial use and some commercial areas fronting on National City Boulevard. As further described in the Balanced Plan section of the LCP, the City proposes to rezone Parcels 1, 2, 3, 5 , and 6 from MM (Medium Manufacturing) to CT (Tourist Commercial), which could allow these parcels to be developed with hotel, restaurant, retail, and/or some combination of tourist/visitor-serving commercial uses. Page 450 of 546 28 National City’s Coastal Zone is largely characterized by industrial development, much of which is related to the proximity of the Port’s operations. Due, in large part to the attraction of the marine terminal, virtually all of the industrial zoned land in National City’s Bayfront has been developed. OPEN SPACE/WETLAND PRESERVE The wetlands of the Paradise Creek Marsh, including salt marsh, freshwater marsh, salt-pan, Sweetwater Channel, and mudflat habitats, are valuable and sensitive biological resources, and shall be preserved. To that end, the plan designation for these areas is OPEN SPACE/WETLAND PRESERVE. The value of the Paradise Marsh includes, but is not limited to, the following: Through photosynthesis of algal species, the marsh provides an oxygen supply for the waters of San Diego Bay, necessary for survival of fish species and natural pollution impact abatement. Flushing of plant and animal detritus from the marsh provides organic matter important for food chains in the bay. The marsh acts as a nursery for at least nine fish species, including several important sport fish species. The wetland habitats are extremely important wildlife areas, supporting a very high diversity of bird species. These include a number of sensitive species, i.e., Belding’s Savannah Sparrow, California Least Tern and the Light-footed Clapper Rail. The wetlands also are an important stop-over point for migratory species along the Pacific Flyway. Potential uses for wetlands are: Scientific research, and educational uses; Passive recreation (i.e., bird watching); A possible source for applied research into the use of marsh species to introduce salt-tolerant genes into economically important plants (in agriculture), through selective cross-breeding. One technique of preserving wetlands commonly referred to is the provision of a buffer area between the wetland and development. The state and federal resource agencies generally recommends that development be set back 100 feet from the landward edge of a wetland. The 100-foot wide buffer may be increased or decreased in consultation with the resource agencies. The purpose of the 100-foot buffer is to ensure that the type and scale of development will not significantly degrade the adjacent habitat area. With respect to Paradise marsh, the wetland is almost entirely surrounded by existing industrial development and transportation corridors including lumber storage yards, slaughter houses, steel fabricating plant, I-5, and rights-of-way for the AT&SF and SD&AE Railroads. Page 451 of 546 29 The essential measure necessary to guarantee the preservation of Paradise Marsh is the maintenance of tidal flushing. As long as the marsh is kept open to tidal flushing and free from industrial and urban run-off, the existing water quality will be maintained at acceptable levels. Page 452 of 546 30 CHAPTER I THE COASTAL ACT HISTORY Traditionally, the regulation of land use along California’s coastline has been by local government pursuant to State Planning and Zoning Law. This enabling legislation mandates local governments to prepare general plans and zoning to ensure orderly physical growth and development within their jurisdictions as well as the protection of public health, safety and welfare. However, local control over land use in the Coastal Zone was significantly modified with the passage of the California Coastal Zone Conservation Act by the voters of California in November, 1972. In approving Proposition 20, the people of California declared that; “The permanent protection of the remaining natural and scenic resources of the Coastal Zone is a paramount concern to present and future residents of the state and nation”, and “It is the policy of the state to preserve, protect, and where possible, to restore the resources of the Coastal Zone for enjoyment of the current and succeeding generations.” Proposition 20 set forth a distinct role for the State in coastal land use matters, and created the California Coastal Zone Conservation Commission. The mandated mission of the Coastal Commission was to prepare a statewide comprehensive plan for the “orderly, long-range conservation and the management of the coast”, and to regulate development while the plan was being prepared. Preparation of the Coastal Plan commenced in 1973, and it was submitted to the state legislature in December, 1975. Based upon the Coastal Plan and the Commission’s experience of the preceding years, the California legislature passed the California Coastal Act in August, 1976. GOALS AND POLICIES The Coastal Act of 1976 in its opening section, Section 30001, contains the following finding and declaration of the state legislature: (a) That the California Coastal Zone is a distinct and valuable resource of vital and enduring interest to all the people and exists as a delicately balanced ecosystem. (b) That the permanent protection of the state’s natural and scenic resources is a paramount concern to present and future residents of the state and nation. (c) That to promote the public safety, health, and welfare and to protect public and private property, wildlife, marine fisheries, and other ocean resources, and the natural environment, it is necessary to protect the ecological balance of the Coastal Zone and prevent its deterioration and destruction. Page 453 of 546 31 (d) That existing developed uses, and future developments that are carefully planned and developed consistent with the policies of this division, are essential to the economic and social well-being of the people of this state and especially to working persons employed within the Coastal Zone. (Amended by Cal. Stats. 1979 Ch. 1090) The basic goals of the legislature for the coastal zone are defined in Section 30001.5 of the Coastal Act: (a) Protect, maintain, and where feasible, enhance and restore the overall quality of the Coastal Zone environment and its natural and man-made resources. (b) Assure orderly, balanced utilization and conservation of Coastal Zone resources taking into account the social and economic needs of the people of the state. (c) Maximize public access to and along the coast and maximize public recreational opportunities in the Coastal Zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners. (d) Assure priority for coastal-dependent and coastal related development over other development on the coast. (Amended by Cal. Stats. 1979, Ch. 1090) (e) Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development of mutually beneficial uses, including educational uses, in the Coastal Zone. The heart of the Coastal Act is found in Chapter 3, Coastal Resources Planning and Management Policies. These policies constitute the standards that local plans must meet in order to be certified by the State as well as the yardstick for evaluating proposed developments within the Coastal Zone. Topics covered by coastal polices include: beach access, recreation, marine environment, environmentally sensitive habitat areas, agriculture, visual resources, and coastal dependent and industrial development. In essence, these policies are the rules for future growth and development in the Coastal Zone. IMPLEMENTATION The implementation of the Coastal Act is predicated upon the involvement of local government. Section 3004 of the Act declares that “to achieve maximum responsiveness to local conditions, accountability, and public accessibility, it is necessary to rely heavily on local government and local land use planning procedures and enforcement.” To this end, the Act directs each local government within the Coastal Zone, wholly or partly, to prepare a Local Coastal Program (LCP). An LCP consist of a local government’s land use plans, zoning ordinances, zoning district maps, and implementing actions which implement the provisions and policies of the Coastal Act at the local level. (30108.6). Page 454 of 546 32 The basis of the LCP is the land use plan. According to the Coastal Act, the land use plan means the “relevant portions of a local government’s general plan, or local coastal element, which are sufficiently detailed to indicate the kinds, location, and intensity of land uses, the applicable resource protection and development policies and, where necessary, a listing of implementing actions.” (32108.5). The zoning ordinances and district maps are the legal tools for implementing the land use plan. The Coastal Act also requires each LCP to “contain a specific public access component to assure that maximum access to the coast and public recreation areas is provided.” During preparation of a Local Coastal Program, local governments should coordinate planning with affected local, regional, state, and federal agencies, and provide the maximum opportunity for public participation. Under the Coastal Act, the responsibility for ensuring meaningful public participation rests with both the Coastal commission and local government; however, the local government retains the primary responsibility for involving the public in the actual planning process. After the LCP has been reviewed and approved by the local government, it is then submitted to the State Coastal Commission for review. In certifying the land use plan, the Commission must find that the plan conforms to Chapter 3 of the Coastal Act, and contains the required public access component. The zoning and implementing ordinances are then reviewed to determine conformance with the approved land use plan. Once the land use plan and implementing ordinances have been certified, the review authority for new development within the Coastal Zone will revert from the Coastal Commission to local government. The local government in issuing coastal development permits must then make the finding that the development is in conformity with the approved LCP. The State Commission will continue to exercise permit jurisdiction over certain kinds of developments (i.e., development in state tidelands). The State Commission will also review amendments to LCPs, and continue to hear permit appeals. However, only certain kinds of developments can be appealed after a local government’s LCP has been certified; these include: (1) Developments approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance. (2) Developments approved by the local government not included within paragraph (1) of this subdivision located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or within 300 feet of the top of the seaward face, of any coastal bluff. (3) Any development which constitutes a major public works project or major energy facility. The phrase “major public works project or major energy facility” as used in Public Resources Code Section 30603(a)(5) shall mean any proposed public works project, as defined by Section 13012 of the Coastal Commission Regulations (Title 14, California Administrative Code, Division 5.5) or energy facility, as defined by Public Resources Code Section 30107. Page 455 of 546 33 CHAPTER II NATIONAL CITY HISTORY The City of National City is located along the eastern shores of San Diego Bay within the urbanized South Bay area of the San Diego Region. The City of San Diego’s central business district lies approximately five miles to the north. It is bordered by the City of San Diego to the north and east, and by Chula Vista to the south. The National City incorporated area includes approximately 8.65 square miles. The population of National City is currently 55,408 (January 1, 1986 est.). National City is a general law city, incorporated in 1887, and is the second oldest city in San Diego County. Founded in 1868 by Frank Kimball as a competitor to Alonzo Horton’s new San Diego venture, it was planned to be a major terminus for the railroads then opening lines to the West Coast. Although the railroads chose other cities for their terminals, the agriculture industry flourished. Population grew slowly until the great boom of the 1940’s, when the population more than doubled in ten years. This was due to the large number of servicemen brought to the area during World War II. National City’s population has fluctuated greatly since then, reflecting changes in the number of military personnel on base. However, household population has continued to increase in a more stable, steady manner, as has the general industrial base. In modern times, the City’s community members are subject to one the highest levels of toxic air pollution in the state stemming from the nearby Port operations and vehicular traveling along I-5. Prior to the Balanced Plan the area had few recreational amenities and access to the bay was severely limited due to the industrialized waterfront. While direct access to the bay continues to be problematic the development of the marina, expansion of Pepper Park, and addition of new restaurants and hotels will help increase bayfront usage by local and regional visitors. The 2022 Balanced Plan’s intent is to allow for the continued use and expansion of the working waterfront, while at the same time providing for new lower cost visitor serving uses for the community and region. The efforts to reduce toxic emissions from Port District industrial uses remains a paramount goal and priority for the City. COASTAL ZONE The Coastal Zone of National City includes all the area west of I-5, and a small area east of I-5 south of 30th Street. However, the Coastal Zone is controlled by three separate governmental agencies: the San Diego Unified Port District, the United States Navy, and the City of National City. The City’s retained jurisdiction totals approximately 561 acres, and is bounded by the Navy Lands to the north, the Chula Vista Bayfront to the south, and the Port District jurisdiction to the west. RELATED COASTAL PLANS Plans adopted by the San Diego Unified Port District and the City of Chula Vista designate land uses adjacent to National City’s coastal jurisdiction. They also designate uses which extend near National City’s jurisdiction. National City’s coastal land use designations and proposed circulation Page 456 of 546 34 improvements should be based upon consideration of the plans of the adjacent jurisdictions to the extent that compatible uses can be developed. The Port District has jurisdiction approximately 280 acres of land area. The Port jurisdiction also includes an isolated parcel of tidelands which is located in the salt flats south of Chula Vista and is connected to National City by a 300-foot wide corridor through San Diego Bay. The Port District submitted its Master Plan to the Coastal Commission and it was conditionally-approved in October, 1980. The Port District’s plan designated land areas west of the mean high tide line primarily for industrial use. It designates areas south of 32nd Street and generally east of Tidelands Avenue for commercial recreation and for park uses along the Sweetwater Channel, with vista area, public fishing, and bridge, boat launching ramp, public access and comfort station. The park designation reflects existing uses with expansion to the east. The channel itself is designated for berthing and navigation corridor up to the boat launching facilities, with open bay further east. National City’s land use designations for adjacent area are complementary to the Port’s. As described in the Balanced Plan section of this LCP, the Balanced Plan proposes the removal of approximately 12.4 acres within the Balanced Plan area, located mostly on the current day GB Capital leasehold east of the mean high tide line and on land owned in fee by the District, from the City’s General Plan, LCP, and LUC to reflect changes in land use and jurisdictional authority. This change will clarify the jurisdictional boundary between the City and the District and will be reflected on all City zoning and General Plan maps. These lands are not currently regulated by the PMP and this jurisdictional amendment will ensure consistency with the California Coastal Act, Public Trust Doctrine, and Act. The District will amend its PMP map accordingly. The Port’s plan also provides for the extension of off-ramps from I-5 and Route 54 through the National City Bayfront to 32nd Street. However, the off-ramps are not included in current State freeway plans. The Port’s plan also indicates the need to connect Tidelands Avenue from National City to Chula Vista, via bridge over the channel. However, Chula Vista’s Local Coastal Program locates a bridge in the vicinity of the SD&AE railroad right-of-way, generally in line with the proposed extension of Harrison Avenue. Chula Vista’s land use plan, approved by the State Coastal Commission in 1984 and subsequently amended, designates 21 acres across the channel from National City for marina related uses, which includes commercial uses related to waterfront activities, ship repair services and boat marinas or haul out areas. Chula Vista’s Bayfront Specific Plan permits dredging for a small marina for 200 boats just west of the proposed bridge to cross the channel. The Port District also has jurisdiction over lands across the channel from National City west of area included in Chula Vista’s Local Coastal Program. The Port District lands in Chula Vista across the channel from National City are designated for marine sales and services and, at the most westerly location, expansion reserve. Under the jurisdiction of the United States Navy is approximately 300 acres and 8,300 lineal feet of bay frontage. Federal lands are under the jurisdiction of the Federal Coastal Zone Management Act, which states that military lands shall comply with coastal planning to the extent that national security is not imperiled. Page 457 of 546 35 COASTAL ZONE SUBAREAS National City’s Coastal Zone can be divided into four districts: the industrial area west of I-5 (Subarea I), the Paradise Marsh wetlands area (Subarea II), the Sweetwater industrial area east of I-5 and south of 30th Street (Subarea III), and the I-5 freeway and San Diego Trolley rights-of- way (Subarea IV). SUBAREA I The industrial area west of I-5 contains approximately 210 acres and is almost entirely developed with light and medium industrial uses. The Combined General Plan/Zoning Map designates the area as primarily “MM”, Medium Manufacturing with a small portion of “MH”, Heavy Manufacturing. Approximately 6.4 acres located north of the marsh, east of the SD&AE railroad right-of-way, and south of Bay Marina Drive are designated for tourist commercial use, but contain industrial uses (meat packing). The area provides the entryway to National City’s Bayfront. The area is well served by truck access via I-5, rail access, and ship access through the Port District. There are a number of older residential uses located in this area, which would be considered non- conforming with the General Plan and zoning designation of industrial. SUBAREA II The Paradise Marsh area contains approximately 75 acres and consists primarily of wetlands. The marsh was originally formed by Paradise Creek, which entered the area from the northeast and flowed across what is now the Port District property to the Bay. The filling of the Port District property destroyed the natural creek bed. The creek now runs due south in a man-made channel to the Sweetwater River and hence into the Bay. This channel allows limited tidal action to enter the marsh. Upstream of the marsh, outside of the coastal area, Paradise Creek has also been altered. The drainage area has been reduced due to urban development, and the creek is entirely contained in man-made drainage facilities. It enters the marsh through culverts under I-5. National City’s General Plan designated this area as Open Space Reserve for preservation of open space wetlands and passive recreational use, and as Tourist Commercial, with the recognition that this area is the only potential area for waterfront recreational facilities. SUBAREA III The Sweetwater industrial area contains approximately 160 acres. The entire central portion of this area has been reserved for the Route 54/Sweetwater River Flood Control Channel Project. This project combines the construction of State Highway Route 54 from I-805 to I-5 with the construction of a flood control channel from approximately 600 ft. west of Plaza Bonita Road, immediately upstream of I-805, to San Diego Bay. The flood control channel would generally occupy the area between eastbound and westbound lanes of Route 54. In addition, the project proposes the acquisition of a total of 188 acres of marshlands in both the Sweetwater and Paradise Page 458 of 546 36 Marshes. This acquisition includes 44 acres as compensation for the impacts of the project and 144 acres for preservation of habitat for endangered species. The project also includes a recreation element consisting of bicycle, equestrian, and pedestrian trails, rest and staging areas, and shoreline access and recreational features (to be located in Subarea II). The remaining portions of the area are either designated for and/or partially developed with light industrial uses and some commercial areas fronting on National City Boulevard. SUBAREA IV The Interstate 5 Freeway and Trolley System (MTS) rights-of-way include approximately 130 acres. The two regional transportation facilities are separated from discussion of the other subareas for two reasons. First, the two facilities are existing and under the jurisdiction of the State Department of Transportation (Caltrans) and Metropolitan Transit System (MTS). Second, the facilities and right-of-ways provide existing access and are designated as Open Space by the Combined General Plan/Zoning Map. Other than landscaping and transportation related improvements, no development in the subarea is anticipated. Page 459 of 546 ± National City Subareas Figure 6 0 0.50.25 Miles Military Legend fied Port District Coastal Zone Boundary National City Boundary Section II - Marsh, Bayfront Legend Section I - Medium Industrial Coastal Zone Boundary National City Boundary Section III - Light Industrial Section IV - Trolley, Freeway III IV II I ¨§¦I-5 W 32nd St Na t i o n a l C i t y B l v d Civic Center Dr Cl e v e l a n d A v e Ti d e l a n d s A v e Ha r b o r D r City of Chula Vista City of San Diego D A v e Division St C St Sa n D i e g o B a y £¤SR-54 Bay Marina Dr W 30th St Miles of Cars Way W 18th St E 30th St E 24th St E 18th St Page 460 of 546 38 Page 461 of 546 39 CHAPTER III PUBLIC ACCESS (PUBLIC ACCESS COMPONENT) COASTAL ACT POLICIES Sections 30210, 30211, 30212 and 30214 require that public access and recreational opportunities be provided for all the people; that development not interfere with the public’s right of access; that new development provide public access to the shoreline; and that public access be managed to protect fragile resources and property rights. EXISTING CONDITIONS The United States Navy controls approximately two-thirds of National City’s Bayfront, through which public access is expressly prohibited. The remainder of the Bayfront is under the jurisdiction of the Unified Port District, and is developed predominantly with industrial uses. However, the Port has developed a launching ramp and an adjacent public recreation area which accommodates public access to the shoreline - both pedestrian and boating. In addition, it should be pointed out that considerable off-road vehicle activity has taken place in the area. ORV access occurs through Port lands and overlaps into National City’s jurisdiction. Because of numerous problems, including vandalism, violence and accidents, the Port has erected a fence to discourage such use. The only opportunity for public access within the limits of the City is Paradise Marsh and its surrounding lands. However, there is presently no public access to nor public use of this area. Although the Paradise Marsh is subject to limited tidal flow, it is not public tidelands and is not in public ownership. The northern portion of Paradise Marsh west of I-5 will be acquired by the federal government as a condition of approval of the Sweetwater River Flood Control project. The southern portion west of I-5 is Caltrans right-of-way. EXISTING PLANNING AND ZONING National City’s combined General Plan/Zoning Map designates the Paradise Marsh area as Open Space Reserve (OSR) and Tourist Commercial (CT). The Open Space Reserve designation will preserve wetland areas and provide for passive recreational use, i.e. nature study. The Tourist Commercial designation is established for the provision of services, goods and accommodations for visitors to the area. The General Plan contains several policy statements which support the concept of increased public access to and use of National City’s Bayfront. These policies speak to supporting the Bay-Route Bikeway, Sweetwater Regional Park Connection, and improved transit to the area. Other planning which would affect the National City Coastal Zone is the Highway 54/Sweetwater flood control project. CALTRANS and Army Corps of Engineers are lead agencies for the project. The recreational aspects of the flood control channel will be discussed in more detail in the Page 462 of 546 40 Recreation section. With respect to access, the proposed Highway 54 project will improve access to National City’s Bayfront. A direct connection from Route 54 and I-5 to the 32nd Street area should be encouraged to further improve access. ANALYSIS DEMAND The subject of demand will be explored more thoroughly in the next section dealing with Recreation. However, it should be pointed out that the demand for coastal recreation, and therefore public access to coastal areas, is increasing at a very fast rate. CPO, in their Coastal Access Study for the San Diego Region, estimated that the demand for coastal recreation will increase by 55% over the next 20 years. TRAVEL MODE The CPO study contains other revealing information as to how individuals actually travel to coastal areas. According to their survey, 80% of all coastal trips are by private vehicle (primarily the automobile), 11% by walking, 6% by bicycle, and 4% by transit. Because of the extremely high incidence of automobile usage shown in the survey, the factors of traffic congestion and parking availability become crucial to shoreline access. In examining the National City situation, no problem presently exists with respect to access by automobile. Information available through both National City and the Port District indicates that traffic counts and projections are well below designed capacities on Tidelands Avenue and Bay Marina Drive. However, factors other than traffic counts must be considered in evaluating vehicular access to the recreational areas, existing and potential, along National City’s Bayfront. Several factors which could result in definite conflict between recreational and industrial use include the type of vehicle, the frequency of railroad and container activity and the effectiveness of the Bay Marina Drive/I-5 intersection. With respect to the type of vehicle, large lumber hauling are continuously traveling along and across Tidelands Avenue to service the lumber yards. The Port’s container terminal at Bay Marina Drive is scheduled for expansion, which will result in similar increases in truck and rail traffic in the area. Finally, the functional design of the Bay Marina Drive intersection with I-5 has presented problems with drainage and difficult turning maneuvers for larger vehicles. Fortunately, peak travel times for recreational trips usually do not coincide with trip to work peaks. Although industrial activity along the Port does not follow an 8 to 5 Monday through Friday regimen, no intolerable conflicts between recreational and industrial traffic are foreseen. In conjunction with the CALTRANS Highway 54 project, a 32nd Street off-ramp that would also serve I-5 was proposed but has been deleted from State freeway plans. This new off-ramp would have provided direct vehicular access into the recreational areas of the Bayfront, bypassing most industrial areas. Also, as a part of this LCP a new access road is proposed to provide more direct access to the Bayfront. This new road is proposed to intersect with Bay Marina Drive between the rights-of-way for the AT&SF and SD&AE railroads, and connect with 32nd Street. Although the new road would still be dependent upon the Bay Marina Drive /I-5 intersection, it would bypass the majority of the industrial areas and would improve both ingress and egress to the proposed recreational area. Page 463 of 546 41 Parking capacity is, of course, a prime determinant in assessing recreational access. Although on peak summer weekends the parking lot for the Port’s launching ramp and park sometimes overflows, availability of parking in the area is not considered critical. On-street parking is abundant in the area, and even with the unauthorized ORV activity in the area, parking has been available. As the area develops with more formalized and permanent uses, care must be taken that adequate parking is provided. Recent developments in the realm of public transit and bicycle travel have some potential for improving recreational access to National City’s Bayfront through travel modes other than the automobile. Those developments are the Metropolitan Transit Development Board’s “San Diego Trolley” along the main line of the old SD&AE railroad right-of-way, and the Bayshore Bikeway. The MTS trolley incorporates a station (24th Street) at Mile of Cars Way and Wilson Avenue. The 24th Street station is used for commuter traffic. However, presuming that the National City Bayfront will become a visitor destination, the proximity of the 24th Street station would be of potential benefit. It is within short walking distance from the designated tourist commercial area north of Paradise Marsh on the south side of Bay Marina Drive. However, pedestrian and bicycle facilities underneath the I-5 freeway could be improved to increase separation from traffic and the safety and comfort of users. While the station location may be beyond comfortable walking range for some users from potential recreation areas at the Sweetwater River channel, other intermediate modes such as bicycles or jitneys may be feasible. The 24th Street station also connects with routes for National City Transit. The Bayshore Bikeway presents another mode of travel which has positive potential for National City. In its original form, the bikeway was to have passed right by Paradise Marsh and its adjacent lands along the extension of Tidelands Avenue across Sweetwater Marsh. The Coastal Commission, in separate actions, eliminated the extension of Tidelands Avenue across Sweetwater Marsh, and approved an alternative route for the bikeway that would take it up Bay Marina Drive to National City Boulevard. Although the original route would have been much more conducive for public access to the National City area, the current routing still retains access potential. The extension of a secondary route to the Port’s launching ramp and Paradise Marsh complex would be entirely appropriate and consistent with both National City’s General Plan and the Port Master Plan. LOCATION As previously discussed, the only area that has potential for public shoreline access within National City’s corporate boundaries is Paradise Marsh and its surrounding lands. The reason for this is simply because it is the only area within National City’s jurisdiction that has a shoreline. It should be noted, however, that provisions are made for public access within the immediate area. The Port District’s boat launching ramp and recreational area is located directly adjacent to National City’s jurisdictional limit, and provides shoreline access for the boating enthusiast, the fisherman, and the general recreationist. Whereas the Port has made a concerted effort to accommodate public access and use within its jurisdiction, the U.S. Navy has not due to security concern for the naval bases, which is consistent with the Federal Coastal Zone Management Act. Page 464 of 546 42 When assessing the locational needs of public access, care should be taken to differentiate between vertical and lateral access. Vertical meaning access to the shoreline, and lateral meaning access along the shoreline. Rather than reciting all the information contained in the Coastal Commission’s Interpretive Guidelines for access, suffice it to say that both forms of access are needed in National City. REGULATION AND MANAGEMENT As established in the General Plan and in the Coastal Act, it is a desired goal to provide public shoreline access within the city limits of National City. Thus far, the potential location for such access and the alternative travel modes to reach it, have been discussed. What will now be examined are the various methods by which the public access can be protected and provided in accordance with City objectives and the Coastal Act. The most economic method for the local government would be the dedication of public accessways at the time of development; this action is specifically allowed by the Coastal Act (Section 30212). Essentially, there are three forms such dedications can take: deed restriction, grant of fee interest, or grant of an easement. Taking into account the development potential of the area adjacent to Paradise Marsh, the most appropriate method of providing access would be through deed restrictions. With a deed restriction, no interest in the land proposed for access is granted and the land owner retains responsibility for the access way. Deed restrictions are especially suited for commercial/recreational developments, since the security needs of the facility and maintenance of the accessways are most effectively handled by the owner/operator of the development. Other methods would be appropriate for obtaining public roadway and park areas. The provision of public access concurrent with private development is not envisioned as a problem since the type and form of development envisioned would be predicated upon public use and enjoyment. Another consideration in the provision of public access, especially in areas adjacent to wetlands, is that the resource areas are protected from overuse. Achieving consistency with this section of the Coastal Act (30210) is really a matter of design, habitat buffers, and location of the access way. Lateral accessways, especially along the shoreline of Paradise Marsh, should be set back a sufficient distance to ensure protection of the marsh. However, closer proximity to the marsh can be achieved through the utilization of controlled access points. Overall, access ways should be provided and identified in accordance with the coastal access standards adopted by the Coastal Commission and Coastal Conservancy. POLICY RECOMMENDATIONS 1. New public shoreline accessways shall be designated to and along Paradise Marsh and the Sweetwater River Channel as generally shown in Figure 5. 2. Public accessways as designated in Condition Number One shall be provided in conjunction with new development and protected through public access easements or other suitable means of conveyance. Page 465 of 546 43 3. In order to provide new public shoreline accessways, the City will seek the assistance of the Coastal Conservancy, or other appropriate agency, to acquire, plan, and finance public shoreline access. 4. The precise location, design and identification of public accessways shall be consistent, to the maximum degree feasible, with the coastal access standards prepared jointly by the Coastal Commission, resource agencies, and the Coastal Conservancy. 5. As indicated in the General Plan, it is the City’s policy that the Bayshore Bikeway continue its development south of Bay Marina Drive 6. Alternative modes of access to National City’s Bayfront shall be actively encouraged. 7. All new development shall incorporate adequate on-site parking to accommodate the parking demand generated. The number of required parking spaces for new development shall be determined during the implementation phase of the Local Coastal Program, but shall be, at a minimum, consistent with the schedule of parking requirements of the Municipal Code. 8. A new access road located westerly and parallel to the Paradise Marsh would extend southerly from the vicinity of Harrison Avenue at Bay Marina Drive to the National City Boat Launching Facilities and future marine oriented, commercial/and or recreational uses. A buffer shall be provided between the roadway and the marsh. A Specific Plan shall be prepared to identify desirable buffering between the marsh and roadway, located in the upland area west of Paradise Marsh. It should also proposed landscaping or other design elements to provide visual linkage and identity for the Paradise Marsh area and appropriate visual separation from the industrial area to the west and freeway to the east. 9. New development shall not interfere with desirable public access that may exist or be established by public use on or across private property, i.e. prescriptive rights. Desirable public access shall include access to natural or constructed coastal, recreational resources, except where necessary to protect fragile coastal resources or public safety, or where adequately provided for in another area. Page 466 of 546 44 CHAPTER IV RECREATION COASTAL ACT POLICIES Sections 30212.5, 30213, 30220-30223, and 30256(c) require the provision of public and low-cost recreation and visitor-serving facilities, and the protection of coastal water and land areas that are suitable for recreational use. Also, visitor-serving commercial uses designed to enhance public opportunities for coastal recreation are assigned a higher priority than other private residential or general commercial development. As previously discussed, the Balanced Plan creates new low- cost visitor serving amenities for the public; such as a dry boat storage facility, RV Park, expanded park space, boating finger piers, and improved access to the bay. EXISTING CONDITIONS As mentioned in the previous section on access, the majority of National City’s Bayfront is either under the jurisdiction of the United States Navy or the Unified Port District. In the case of the Navy lands, public access and recreational use is prohibited. The majority of the Port's holdings are developed with large scale industrial marine uses. The District has developed recreational opportunities in Pepper Park, the Aquatic Center, and the Pier 32 Marina. While all of these are within the District’s jurisdiction, they do offer recreational opportunities and public access to both National City residents and the general public. Also, as referenced in the section on Public Access, unauthorized off-road vehicle activity has been taking place on the undeveloped tidelands located east of the launching ramp and park. The ORV activity has also extended into areas within National City's jurisdiction around the Paradise Marsh, and the "D" Street fill in Chula Vista. Because of surveillance problems and intrusion into sensitive resource areas, the Port District has erected a fence around the perimeter of the area. The only area within National City's portion of the Bayfront that is suitable for recreational use are the lands around Paradise Marsh. These lands are now privately owned and are not developed for any public recreational use. The City of National City has long recognized the potential of the Paradise Marsh area, and has exa mined this potential in both the General Plan and precise planning documents. EXISTING PLANNING AND ZONING A discussion of the General Plan designations and policies relative to the recreational potential of the Paradise Marsh is presented in the preceding section on Public Access. Rather than duplicate that discussion, the primary proposals of the Sweetwater River Flood Control Channel plans will be examined. Page 467 of 546 45 ANALYSIS DEMAND To quote from the California Coastal Plan, "The California coast provides an almost endless variety of recreational opportunities for people to play, to be refreshed, and to be inspired: wide sandy beaches for cooling off from the heat of the city, rocky headlands for exploring; high bluffs for watching the ever- changing ocean; waters for swimming, boating, surfing, and fishing; and tide pools, sea caves, and coastal wetlands for nature study. In short, the coast is a major provider of recreation important to the quality of life in California." Even with the many public and commercial recreational opportunities and facilities which exist along the coast, a shortage of facilities persists for almost every popular recreational activity. According to the Coastal Plan, a reason for this situation is that 85% of California’s population lives within 30 miles of the ocean. Although the exact demand for specific types of recreational facilities is difficult to project, studies universally indicate a continued high demand for the traditionally popular coastal activities such as fishing, sightseeing, beach and general day use throughout the southern portions of the state. These same findings are particularly true for the San Diego coast. The CPO Coastal Access Study conservatively estimated that participation in recreational activities at coastal areas will grow by at least 55% over the next 20 years. The study also shows that the activities pursued by the highest number of participants are sunbathing, walking and swimming. Whereas sunbathing, walking and swimming are the most popular coastal recreational activities, the two activities which probably have the greatest unmet demand are beach camping and boating. San Diego County’s Regional Park Implementation Study states that the greatest unmet recreation need is for beach camping, and projected that, in 1980, 10% to 15% of the demand for overnight facilities would be met. With respect to boating, the Port District projected that available slip sites might be exhausted by 1985. Of particular importance to National City is the fact that there is a pent-up demand for coastal recreation opportunities throughout the state and San Diego. Because the South Bay has comparatively fewer recreational areas than other coastal areas in the San Diego Region, it could be deduced that there is even a larger unmet demand for coastal recreation in the South Bay. Not only is there demand, but the activities which are most popular or in greatest demand are those which are especially suitable to National City’s Bayfront. ENVIRONMENTAL CONSTRAINTS. When discussing, in specific terms, the recreational development of National City’s Bayfront in accordance with Coastal Act policy, the market, traffic usage, access, and other environmental constraints must first be considered. The Environmental Impact Report of 2022 considered these factors in developing the Balanced Plan development program. The Balanced Plan was a careful balance between maritime-related industrial and the creation of new recreational facilities and uses. Page 468 of 546 46 As explained in the Marsh Preservation discussion, the preservation of coastal wetland areas is a paramount objective of the Coastal Act. It is the position of both the U.S. Fish and Wildlife Service and the State Department of Fish and Game, that Paradise Creek Marsh is tidal marsh, and is an important and inseparable part of the Sweetwater Marsh complex. Any new recreational uses should be passive in nature. Both features are within federal ownership and are protected by existing regulations. The 24th Street trolley station and freeway access (to I-5 and State Route 54) at Bay Marina Drive provide opportunities for tourist commercial development in the area north of Paradise Marsh, currently developed with meat packing facilities and parking lots. Streetscape and roadway improvements, or separated pedestrian facilities would be needed to improve pedestrian access from the trolley station under I-5 to the area. Tourist commercial development at Bay Marina Drive north of Paradise Marsh would provide a gateway to National City’s Bayfront as well as to the Port. It would provide facilities such as restaurants, hotel or motel and other complementary uses to those intended at the Bayfront itself, west of Paradise Marsh. It should be developed to encourage bicycle and pedestrian users since it is within close proximity to both the trolley station and the recreational area along the Sweetwater River Channel. POLICY RECOMMENDATIONS 1. The National City Bayfront shall be designated for tourist commercial and recreational use, as indicated in the Land Use Plan (See Figure 2). The areas to the west and to the north of the Marsh shall be designated for tourist commercial and recreational uses. Wetland resources located west of the railroad shall be protected from incompatible development, consistent with marsh preservation policies. 2. The passive recreational area would accommodate the preservation of Paradise Marsh, along with the provision of public accessways and landscaped areas. Public access would be provided and managed consistent with the public access component of the LCP and the maintenance of wetland resource values. Beyond this area, a transition to more active uses could begin. Landscaped areas suitable for picnicking and general recreation may be appropriate. 3. In order to meet specific recreational market demands and provide an attraction for secondary uses, overnight uses and boating uses shall be assigned the highest commercial development priority for the commercial recreational areas. For the area west of Paradise Marsh, appropriate uses, as described in the Balanced Plan, include marina development, hotel/motel and restaurant facilities, recreational vehicle park/campground, dry-storage and boat service facility, and/or public park areas. For the area north of Paradise Marsh, hotel/motel facilities, restaurants and other tourist commercial use would be appropriate. A Specific Plan shall be prepared to address traffic circulation and roadway and other improvements, in conjunction with development plans for the tourist commercial area west of Paradise Marsh. The Specific Plan shall determine the location of roadway Page 469 of 546 47 improvements, based on resource protection standards, i.e., consistency with marsh preservation policies. 4. Tourist commercial development in the above referenced areas shall be consistent with existing or currently planned road capacities to the north and south of the proposed tourist commercial area, including the planned extension of Harrison Avenue and the Tidelands Avenue crossing proposed in the City of Chula Vista Bayfront LCP. The intensity of development shall also be reflective of the constraints placed on these roadways by the Marsh Preservation policies of this Plan. Approval of these land uses shall not be considered precedent for increasing the capacity of the roads to the north and south of the tourist commercial area. 5. Paradise Marsh has been acquired by the United States of America and is managed as a National Wildlife Refuge unit by the U. S. Fish and Wildlife Service. To enhance the environmentally sustainable recreation potential and attractiveness of the National City waterfront, the restoration and management of Paradise Marsh for high quality endangered species habitat and associated wetland values is a desirable program. A feasible restoration program is the province of the U. S. Fish and Wildlife Service whose coordination and cooperation with the City and other interested agencies, persons, and organizations is cordially invited. 6. To enhance the recreational potential and attractiveness of the National City waterfront, the restoration and protection of Paradise Marsh continues to be imperative and a continued City policy. 7. To ensure that the recreational potential of the area is maximized, development shall take into account the proximity to the MTS Trolley System, the Bayshore Bikeway, and the Sweetwater River Flood Control Channel’s recreational areas and trails systems, as well as recreational uses planned for the adjacent Chula Vista Bayfront and other waterfront development on San Diego Bay. Page 470 of 546 48 CHAPTER V MARSH PRESERVATION COASTAL ACT POLICIES Sections 30230, 30231, and 30236 require the preservation, enhancement, and restoration of water and marine resources including coastal waters, streams, wetlands, estuaries, and lakes. Sections 30233 and 30235 establish conditions under which diking, dredging, filling and the use of shoreline structures may and may not occur. Section 30233 (c) limits dredging to very minor incidental public facilities, restorative measures, and nature studies. Section 30240 provides for the protection of environmentally sensitive habitat areas by restricting uses within or adjacent to such areas. EXISTING CONDITIONS The Paradise Creek Marsh in southwest National City consists of two areas comprising a total of 29.8 areas, as described in the Working Paper on Paradise Marsh Biological Resources. The main area, 26.1 acres is size, is located west of Interstate 5 (I-5), within a 40-acre area designated as Open Space Wetland Preserve (OSR) in the Land Use Plan. A second area of approximately 3.7 acres lies east of I-5 and is connected to the main area by a culvert. It is designated as OSR in the Land Use Plan. Paradise Creek, partly in a meandering original channel and partly in a new channelized straight course, leads from the northeast corner of the main area to join the Sweetwater River south of the National City-Chula Vista border. Because of the Sweetwater River’s connection to San Diego Bay and the low elevation of the area, the marsh is subjected to tidal action. The main area is bounded on the east by I-5, on the west by Marina Way, and on the north by medium manufacturing along Bay Marina Drive. The southern boundary of the subject area is the National City-Chula Vista city line, but the wetland extends 1,800 more feet (20 more acres) south to the junction of the Paradise Creek channel with the Sweetwater River. This main area contains a large 9.4-acre section of coastal salt marsh represented by the Cordgrass, Saltwort, and Pickle weed habitats. The salt marsh surrounds a small intertidal flat and is itself surrounded by slopes leading to higher upland sites. On each side of a newly dredged channel are large, flat expanses of fill which support a salt pan with occasional patches of vegetation. The secondary area is bounded on the east by Hoover Avenue, on the north by light manufacturing properties along West Thirtieth Street, and on the south by more light industry. The Metropolitan Transit Development Board’s transit line is the west boundary. About one acre of coastal salt marsh and an equal area of salt pan lie within the area. Above and north of this area is a terrace of disturbed upland, most likely a former roadbed. Slopes lead up from here to the building sites at the north edge. Paradise Creek originally flowed into the Paradise Marsh area, then west into San Diego Bay. Presently, Paradise Creek enters the main area from a culvert at the northeast corner of the marsh. Before entering the marsh, the creek runs in a channelized bed nearly 4,000 feet long. It drains approximately 1.5 square miles of upland National City. Almost half of its length within the marsh Page 471 of 546 49 is the original meandering channel; the remaining length is a straight channel leading to the Sweetwater River. At the National City-Chula Vista border, the channel is about 28 feet wide. The sides are steep and the almost flat bottom is under about two feet of water at low tide of -1.5 feet. There are many small tidal creeks connected to the meandering part of the creek and a few incipient tidal creeks along the straight part. Another stream flows from a storm drain at Hoover Street, through the second marsh area and a culvert, and then joins Paradise Creek. Historically, the wetlands of California have been subjected to significant development. In 1900, California had 381,000 acres of wetlands, and southern California, from Santa Barbara County to San Diego County, had 26,000 acres. California’s coastal wetlands have been reduced to 126,000 acres, a 67 percent reduction. Southern California’s wetlands have been reduced by a similar percentage to 8,500 acres. Within the slightly larger Southern California boundaries, between Morro Bay and Ensenada, Mexico, three of the original 28 sizeable estuaries have been destroyed, ten drastically modified, and 15 moderately modified, leaving none untouched. San Diego Bay has lost an even higher percentage of its wetlands; it has 360 acres of salt marsh plus 600 acres of tidal flats remaining from an original 2,450 acres and 1,200 acres - an overall loss of 74 percent. The land surrounding the marsh has been heavily impacted by man through industry, major highways, dredge, and historic fill operations. The marsh itself has been impacted by ATV, pedestrian activity and rubbish dumping. These impacts can be traced back to 1888 when a pier was built at the end of Twenty-Fourth Street. The open area to the west of the marsh was filled in 1946. Construction of the 1,960-acre Twenty-Fourth Street Terminal began in 1967. The area between Paradise Creek and San Diego Bay was filled in 1968, and the channel was dredged between Paradise Creek and the Sweetwater River. The land around the dredged channel is, for the most part, bare fill. The D Street fill in Chula Vista was formed in 1969, covering an area of 108 acres. It has eroded on its western edge, depositing sediment into a 26-acre tidal flat, degrading the tidal flat habitat. Due to creation of the Twenty-Fourth Street Marine Terminal, the dredging of the Twenty-Fourth Street channel and filling of some wetland area, another channel was dredged in 1969 to divert Paradise Creek south into the Sweetwater River. Today, Paradise Creek is a remnant of a formerly extensive marsh system. It once joined with the Sweetwater River Marsh to create a continuous estuarine area all along National City’s shoreline, and extended inland beyond National City Boulevard. It is now reduced to 29+ acres and is separated from the Sweetwater Marsh by the D Street fill. Still, the Sweetwater-Paradise Marsh complex is the highest quality marsh remaining in San Diego Bay. EXISTING PLANNING AND ZONING The Natural Setting Section of the National City’s Updated General Plan contains several policy statements recommending the preservation of Paradise Marsh. For example: Policy F. The City will preserve open space as necessary and desirable to conserve natural resources, to provide adequate recreation, and to protect public health and safety. Policy H. The City will support efforts by state and federal resource agencies related to preserving valuable natural habitats in the Paradise Marsh and Sweetwater River areas. Page 472 of 546 50 Implementation Policy 9. Seek implementation of the adopted Local Coastal Program’s Land Use Plan regarding preservation and enhancing of natural resources in the Paradise Marsh and Bayfront areas of the coastal zone in National City. National City’s Combined General Plan/Zoning Map designates the Paradise Marsh as Open Space Reserve (OSR). The secondary area of the marsh, that which is located east of I-5, is also designated as Open Space Reserve. The designation is applied primarily to implement the Local Coastal Plan, regarding preservation of open space wetland areas and passive use of the land for limited nature study purposes. The Paradise Marsh area is also located within the Floodway Fringe (FF-1). This zone is applied to those areas of special flood hazard designated as Floodway Fringe on the “Flood Boundary and Floodway Map” of the Federal Flood Insurance Study. Before development can proceed within a special flood hazard area, a Flood Hazard Development Permit must be obtained concurrently with routinely required development permits. The FF-1 zone establishes the development standards with which development must comply to receive the Flood Hazard Development Permit. ANALYSIS RESOURCE VALUE The value of the Paradise Marsh includes, but is not limited to, the following: 1. Through photosynthesis of algal species, the marsh provides an oxygen supply for the waters of San Diego Bay, necessary for survival of fish species and natural pollution impact abatement. 2. Flushing of plant and animal detritus from the marsh provides organic matter important for food chains in the bay and protection from sea level rise. 3. The marsh acts as a nursery for at least nine fish species, including several important sport fish species. 4. The wetland habitats are extremely important wildlife areas, supporting a very high diversity of bird species. These include a number of sensitive species, i.e., Belding’s Savannah Sparrow, and potentially the Light-footed Clapper Rail. The wetlands also are an important stopover point for migratory species along the Pacific Flyway. Potential uses for the wetlands, if preserved, are: 1. Basic scientific research, nature study, or educational uses; 2. Passive recreation (i.e., bird watching); Page 473 of 546 51 IMPACT ON MARSH The biological resources of the Paradise Creek Marsh have been affected by both past and current impacts. Past impacts to the marsh, which changed is character and size, were reduction in total area of wetlands, landfill activities, and channel alteration of Paradise Creek. Current, ongoing impacts to the biological resources include off-road vehicle activity, rubbish disposal, and sedimentation and pollutant deposition from urban runoff. PRESERVATION CONSIDERATIONS One mitigation measure for preserving wetlands commonly referred to is the provision of a buffer area between the wetland and development. The Coastal Commission and other resource agencies recommend that development be set back 100 feet from the delineated edge of a wetland. The 100-foot-wide buffer may be increased in consultation with the resource agencies. The purpose of the 100-foot buffer is to ensure that the type and scale of development will not significantly degrade the adjacent habitat area. With respect to Paradise Marsh, the wetland is almost entirely surrounded by existing industrial development and transportation corridors, including lumber storage yards, automobile storage, and I-5 and State Route 54 rights-of-way. In most locations, this existing development lies immediately adjacent to the landward edge of the wetlands. In such situations, the Commission’s guidelines recommend that new development observe an appropriate setback based on unique characteristics of the property. In order to preserve the marsh, it is essential that the marsh be open to tidal flushing. Salt marshes need nitrogen, and preliminary fertilizer experiments have indicated that a marsh could be more productive if more nitrogen were available. One important source of nitrogen is ammonium from the ocean via tidal flushing. For example, in the Tijuana estuary, flushing can supply 1.0 - 2.16g nitrogen per square meter per year (28 percent of the nitrogen required for vascular plants, 10 percent of that required by vascular and algal plants combined). Another source of nitrogen is mineral recycling within the marsh itself, partly through decomposition. Also, tidal flushing exports about 30 percent of the marsh’s net primary productivity to the ocean. For example, organic carbon leaves the Tijuana estuary at the rate of 35-105g carbon per square meter per year, mostly in the dissolved form. Since little particulate organic carbon (i.e., carbon in detritus) leaves, it is assumed that the detritus is consumed within the marsh and is a partial source of nutrients. In years of low rainfall, lower tidal flushing can lead to hyper-salinity of the soil, which can reduce productivity, leading possibly to the elimination of some species. For example, Cordgrass cannot tolerate either high salinity or widely fluctuating salinities, and a population of Light-footed Clapper Rails would disappear from an area if it were deprived of Cordgrass for its nesting sites. It has been hypothesized that Los Peñasquitos Lagoon lost its Cordgrass between 1942 and the 1970’s due to altered tidal circulation. As mentioned previously, the essential measure necessary to guarantee the preservation of Paradise Marsh is the maintenance of tidal flushing. As long as the marsh is kept open to tidal flushing, and as long as the major input of freshwater continues to be runoff from the upstream areas rather than industrial discharge, the existing water quality will be maintained at acceptable levels. Other management alternatives, such as implementing increased street sweeping programs or sediment Page 474 of 546 52 control measures in selected sub-basins, do not appear to be necessary on the basis of the data and results presently available. RESTORATION CONSIDERATIONS As proposed, the Sweetwater River Flood Control Channel would have an overall beneficial impact upon the biological resources of Paradise Marsh. The reason for this, in addition to the preservation of the marsh itself through acquisition, is the restoration of the marsh’s primary connection channel. The intended result of these actions is to increase the rates of tidal flushing, thereby improving the productivity of the marsh. Consideration of restoration activities should definitely not be limited to the connection channel. Improving the tidal inundation of the main marsh itself would result in a more productive habitat and an increased number and diversity of wildlife utilizing the marsh. In addition, the marsh could become an aesthetic asset of National City's Coastal Zone. In general, restoration of the area would entail removal of some of the fill from the present high salt-pan to the south of the marsh itself and in the secondary area to the east of I-5, and re- channelization of these two areas. POLICY RECOMMENDATIONS 1. The wetlands of the Paradise Marsh complex, including the secondary area of Paradise Marsh, east of 1-5 (Bannister Marsh), salt marsh, freshwater marsh, saltpan, channel, and mudflat habitats, are valuable and sensitive biological resources and shall be preserved through coordinated actions by the City and the United States Fish and Wildlife Service, which manages Paradise Marsh for the United States of America. The plan shall be OPEN SPACE/WETLAND PRESERVE. The boundaries of the "Open Space Wetland Preserve" include marsh area within the Caltrans right-of-way easterly of the SDG&E right-of-way and Bannister Marsh. 2. In order to preserve Paradise Marsh, the wetlands located east of the Bayshore Bikeway; the secondary area of Paradise Marsh, east of I-5; and the Sweetwater River south of 35th Street shall be subject to the following policies: Alteration shall be limited to minor incidental public facilities, restoration measures, and nature study. Consistent with the provisions of Section 30233, the diking, dredging and filling of wetlands, open waters, estuaries and lakes shall be permitted only where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: incidental public service purposes, restoration purposes, and nature study. There shall be no alteration of Paradise Marsh, the wetlands located west of the railroad which are not proposed for public acquisition, as well as of the secondary area of Paradise Marsh. The dumping of rubbish or commercial waste into the marsh areas shall be prohibited. Page 475 of 546 53 The intrusion of off-road vehicles and unauthorized pedestrian traffic into the marsh areas shall be discouraged. A buffer area shall be established for new development adjacent to wetlands. A 100 ft. distance from the edge of the wetland shall generally provide an acceptable buffer. The required distance may be increased or decreased based on consultation with state and federal resource agencies. A buffer area less than 100 feet wide may be permitted, depending upon the analysis of the specific site proposed for development. Examples which may demonstrate that a lesser distance would be acceptable include, but are not limited to, the type and size of development, proposed buffer improvements such as landscaping or fencing, and existing site characteristics such as a grade differential between a marsh area and adjacent upland area, existing development in the area, and parcel size and configuration. Consistency with buffers required as part of the Sweetwater River Channel / State Route 54 project shall also be considered in order to determine appropriate buffers less than 100 feet wide. The buffers shall be determined with the concurrence of the State Department of Fish and Game. 3. To enhance the habitat and aesthetic value of Paradise Marsh transitional and high tide refuge areas located within the City's jurisdiction, the wetlands located west of the railroad that are not proposed for federal acquisition, as well as Bannister Marsh and the Sweetwater River south of 35th Street, feasible restoration activities shall be encouraged. Feasible restoration activities shall be determined with the potential assistance of the Coastal Conservancy, US Fish and Wildlife Service, California Department of Fish and Game, or other public agency or private group, including the Bayfront Conservancy Trust, to finance, plan, implement, and manage a restoration program. The recommended elements for a restoration program include: A public access and information program that would be designed to allow observation of the marsh, while controlling intrusion into the marsh itself. A component of the access program should be an interpretive nature trail along the western margins of Paradise Marsh, which could connect with an observation platform. The removal of all rubbish and debris from the marsh through a volunteer effort, or the California Conservation Corps. The dredging of Paradise Marsh, consistent with a marsh restoration program, prepared in consultation with the California Department of Fish and Game and approved by the California Coastal Commission, possibly concurrent with the construction of the Sweetwater River Flood Control Channel, to improve tidal flow and flushing. Dredging shall be restricted to existing tidal channels. The encouragement of a scientific research program. 4. Proposed new development, including roadways, located adjacent to the wetlands of Paradise Marsh, the wetlands located west of the railroad which are not proposed for public Page 476 of 546 54 acquisition, the secondary area of Paradise Marsh, east of I-5, and the Sweetwater River south of 35th Street, shall be designed to discourage the intrusion of pedestrians, vehicles, or domestic animals into the marsh through physical barriers such as fencing and/or landscaping with appropriate non-invasive species. In association with new development or remodeling of existing development contiguous with the wetlands, including roadways, drainage shall be directed off-site toward the Sweetwater River Flood Control Channel, or to existing street drains, whenever possible, or channeled into a settling area before entering the marsh. Potential increase in the rate of storm-water runoff, which may result from new development, including roadways, adjacent to wetlands, shall be controlled by detention basins or other means to avoid impacts of erosion and sedimentation on wetlands. The size, design and placement of such sedimentation control devices shall be developed in consultation with state and federal resource agencies prior to or concurrent with the commencement of construction and shall be installed and maintained by the developer, or any successors in interest. 5. Wetlands in private ownership, which may be located in the CT, C and M, as well as OSR designated areas, shall be protected from development through the application of an overlay zone or other appropriate, implementing regulation proposed in Policy #1. Necessary protective measures, including adequate buffers, regulations regarding the design and siting of structures, etc., and open space easements shall be determined during review of proposals for development, by application of criteria to be specified in the LCP Implementation Plan. 6. Landscaping in areas adjacent to wetlands shall include plants only which are not invasive of wetlands. 7. Specific erosion control measures shall be approved, incorporated into development, be in place at the initial phase of work, monitored and maintained in conjunction with all grading activities, consistent with Section X (B) (4) (k) of the Implementation Plan, during the period of November 1 to April 1 of each year for all properties which drain directly to marsh and wetland areas. These properties shall include all properties located in the following areas: All properties between 35th Street and the southern City limits; All properties in the area lying between 33rd Street, Hoover Avenue, 30th Street, and the MTS Trolley line; All properties in the City’s jurisdiction located westerly of Highway I-5 and south of Bay Marina Drive. Page 477 of 546 55 Page 478 of 546 56 CHAPTER VI VISUAL RESOURCES COASTAL ACT POLICIES Section 30251 of the Coastal Act calls for the protection of the scenic and visual qualities of coastal areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. EXISTING CONDITIONS The industrial character of National City’s Bayfront generally does not provide scenic values commonly associated with the natural resources of the Coastal Zone. Nonetheless, coastal industrial areas are essential to the economy of the City and region. Recreational facilities were added on the National City waterfront in the early 2000s with the construction of the National City Marina. The Balanced Plan includes the expansion of the existing Pepper Park, adds a dry boat storage facility, RV Park, and provides for future hotel projects. At the same time, it allows the marine-dependent industries to continue and to expand. The Balanced Plan provides new scenic areas, vista points, and public access corridors. Within National City, the most notable scenic resource is Paradise Marsh and, under the Balanced Plan, the marsh is fully protected along with its public vista points. The only public access area to the bay itself is from the existing boat launching ramp. Direct access to the bay is precluded by the National City Marine Terminal operated by the Port District. Pasha Automotive is an automobile importer and exporter with many land areas surrounding the Marine Terminal being used as car storage areas. Areas north of the terminal are typical small industrial facilities, as well as the Port’s maintenance center. EXISTING PLANNING AND ZONING National City’s General Plan includes policies for the protection of the Paradise Marsh, which provides aesthetic, as well as biologic values. Also of importance are policies which propose the upgrading of landscaping throughout the City. A specific policy proposes the construction and landscaping of special entryways to National City. It is proposed, as a part of this LCP, that this policy be applied to the recreational and commercial areas within the Coastal Zone. Appropriate landscaping should also be incorporated into proposed roadways, along Marina Way and adjacent to I-5 in order to provide an improved image and identity for the Paradise Marsh area. National City’s Land Use Code contains a sign ordinance which adequately manages the quality of signage and recognizes the importance of using signage as waypoints to public coastal access. The ordinance designates permitted signs in each zone, and establishes locational and size criteria. The sign ordinance also identifies signs that are prohibited, which includes billboards, and establishes a procedure for the abatement of such non-conforming signs. Of particular significance to any new development within National City’s Coastal Zone is the City’s Site Plan Review Ordinance. The ordinance requires that prior to the issuance of building Page 479 of 546 57 permits, accurately dimensioned architectural drawings and plot plans be submitted for the review and approval of the Planning Department. Review criteria includes, but is not limited to, the following: desirable site layout and design utility of open areas adequacy of landscaping compliance with general plan It is important to note that National City’s site plan review far exceeds routine design review, in that both the Planning Department and Commission, on appeal, have the authority to deny site plans. The tourist commercial designation and the Planned Development (PD) overlay zone is applied to the area north of Paradise Marsh and south of Bay Marina Drive, designated for commercial and recreational use in the Coastal Plan. The PD overlay requires approval by the Planning Commission, or City Council on appeal, for new project design, determined by a Planned Development permit. A Planned Development Permit may be approved, subject to consistency with the City’s zoning ordinance, if after public notice and hearing, required findings for approval are determined to be supported by project information or by required conditions of approval. There are several elements of this project which will greatly enhance the visual quality of the area. These elements are the creation of shoreline access and recreational features along the banks of the channel, the restoration of the connection between the Sweetwater River and Paradise Marsh, and the preservation of the marsh itself through acquisition. It should be noted that the enhancement of the area’s visual quality is really a secondary benefit resulting from the primary objectives of the area’s natural resources and providing recreational opportunities. With respect to the appearance of access corridors, attention must be devoted to the Port District’s Master Plan. Tidelands Avenue south of Bay Marina Drive is the only existing access route to the proposed recreational areas of National City, and it is located almost entirely within the jurisdiction of the Port District. ANALYSIS The control of signs, attention to landscaping, enhancement of marsh areas and development of parks will all contribute to improving the visual quality of National City’s shoreline areas and should be actively encouraged. However, the single action that would have the most significant beneficial visual impact on the area will be the development of the proposed recreational and commercial areas contained in the Balanced Plan. In order to create an environment that will be a successful public attraction, it is essential that attention not only be devoted to the ultimate use of the area, but also to its appearance. The mandatory application of the City’s site plan review procedure to a single, large scale development would ensure that the development of this critical area is of the highest aesthetic quality. The Planned Development Permit requirement would ensure public review for proposed projects. Additional control would be gained by applying a Page 480 of 546 58 Specific Plan requirement, particularly if further land divisions are proposed. It could also address the need for construction of the roadway concurrent with recreational and commercial development in the area west of Paradise Marsh and north of the Sweetwater River Channel. Further, it is recommended that the General Plan policy proposing the construction of landscaped entryways be implemented for Bay Marina Drive. POLICY RECOMMENDATIONS 1. To ensure that the Army Corps of Engineer’s Sweetwater River Flood Control project improves the scenic resources of the area, National City shall support and encourage the project as proposed with the following mitigations. the restoration of the marsh connections with the Sweetwater River, and the development of shoreline recreational features along the banks of the flood control channel 2. To ensure that the development of the proposed commercial and recreational area adjacent to Paradise Marsh west of the Bayshore Bikeway is of the highest aesthetic quality, the City shall require that the development of the site shall be in accordance with development standards and requirements to be determined by a Specific Plan for the area. The Specific Plan shall determine appropriate height limits, landscape elements, signage, and view protection and enhancement, consistent with the policies of the Land Use Plan. Vistas shall be provided from public roadways and public open space areas to Paradise Marsh and the Sweetwater River Flood Control Channel. Height limits shall be established as determined necessary to provide for focal points in key activity areas. 3. The design improvements identified in the Balanced Plan shall include landscape elements, signage, and architectural elements or criteria, such as height, scale, bulk, color, and building materials. 4. To ensure that new development throughout the Coastal Zone is visually appropriate, projects shall be reviewed for conformance to City standards for building aesthetics and materials, height, signage, and landscaping. Project design shall also be reviewed with regard to other appropriate visual elements identified through the development review process. Page 481 of 546 59 CHAPTER VII INDUSTRIAL DEVELOPMENT COASTAL ACT POLICIES Sections 30232, 30250(b), 30255, and 30260-64 of the Coastal Act provide guidelines for industrial facilities, tanker facilities, liquefied natural gas terminals, oil and gas development, refineries, and electrical generating plants. Sections 30255 and 30260 establish locational criteria for coastal-dependent industrial development. BACKGROUND The following explanation of coastal-dependent and related industries is excerpted from the Unified Port District’s Master Plan, and is included to provide the reader with a basic understanding of marine related industrial uses. Marine related industry requires sites within close proximity to water because of functional dependencies for access to waterborne products, processes, raw materials or large volumes of water. The primary users of marine related industrial areas are dependent upon large ships, deep water and specialized loading and unloading facilities, typically associated with ship building and repair, processing plants and marine terminal operations. Other activities suitable for marine related industrial areas include railroad switching and spur tracks, cargo handling equipment (such as bulk loaders and container cranes), berthing facilities, warehouses, silos and fueling facilities, ship building, repair and conversion yards, steel fabrication and foundry, storage, repair and maintenance of marine machinery and construction equipment, kelp and seafood processing, canning and packaging, and aquaculture. Support industries linked to these primary industrial activities can be clustered together to capitalize on the benefits of reduced material handling costs, reduced on-site storage requirements, faster deliveries, and a reduction of industrial traffic on public roads. EXISTING CONDITIONS National City’s portion of the Coastal Zone includes two separate areas that are characterized by industrial development. The most heavily industrialized area is located west of I-5. It is almost entirely developed with medium industrial uses, and is designated “MM” (Medium Manufacturing) on the Combined General Plan/Zoning Map, with an isolated area of “MH” (Heavy Manufacturing). The area is well served by truck access via I-5, rail access, and ship access through Port District lands. The proximity of the Port lands is significant to this area because of the intense industrial activity which is generated. The National City Marine Terminal is one of only two terminals within the Port, and is the only one capable of expansion. The north wharf of the terminal is primarily used for the shipment of scrap metal and the receipt of petroleum products. Due to continuing increases in terminal operations, needs for additional berthing facilities are being created. The proposals contained in the Port’s Master Plan to respond to this need would more than double berthing space at the National City Marine Terminal, and add a second container crane. The area located to the Page 482 of 546 60 rear of the Marine Terminal is used almost exclusively for the storage and handling of lumber and wood products. The other industrial area within National City’s Coastal Zone is the Sweetwater industrial area which is 160 acres in size and located east of I-5. The entire central portion of this area has been reserved for the joint Army Corps/CALTRANS Sweetwater River flood control channel and Highway 54 project. This area is virtually all developed with light industrial uses and some commercial areas fronting on National City Boulevard. EXISTING PLANNING AND ZONING National City’s zoning ordinance contains four zones which implement the General Plan designation of industrial. Those zones are: light manufacturing (ML) zone medium manufacturing (MM) zone heavy manufacturing (MH) zone, and tidelands manufacturing (MT) zone The purpose of the different zones is to designate compatible groupings of industrial uses and assign them appropriate zoning categories and locations. As the name of the different zones would imply, the intensity of the industrial use, in terms of both input and output, is the criterion utilized to segregate the various uses. Light manufacturing areas are located near residential and commercial uses, thereby creating a transition to more intense industrial uses. Examples of light manufacturing uses would include cabinet shops, electronics and appliance assembly, and auto body repair. Medium and heavy manufacturing areas would include such uses as petroleum recycling, steel fabrication and salvage areas. The other industrial zone is the tidelands manufacturing (MT) zone, which is coterminous with the jurisdiction of the Unified Port District. Although the City of National City does not retain land use authority over this area, the zone does identify those uses which would be compatible with Section 19 of the San Diego Unified Port District Act. National City’s zoning ordinance specifies permitted and conditional uses for the different industrial zone classifications, and also lists uses that are prohibited. In addition, the ordinance outlines a comprehensive set of development standards which establish design parameters. Standards are set forth for lot area, frontage, setbacks, aesthetics and materials, height, floor area ratio, lot coverage, parking, signing, and landscaping. ANALYSIS As discussed previously, National City’s Coastal Zone is characterized by industrial development, much of which is related to the proximity of the Port’s marine terminal activities. Due, in large part to the attraction of the marine terminal, virtually all of the industrial zoned land in National City’s Bayfront has been developed. New industrial development and redevelopment will occur as older residential uses are eliminated; however, the assemblage of parcels large enough to accommodate and attract major industrial uses will be difficult. Taken together with the fact that Page 483 of 546 61 National City has no direct bay frontage, the imposition of a policy giving preference only to marine related industrial use could be unnecessarily burdensome. In most situations, the free market should adequately handle the allocation of available industrial land to marine related industrial uses. The reason being that industrial uses that benefit from a coastal oriented location will compete more effectively for such parcels. However, a land use policy which would allow the free market to operate with the minimum regulatory intervention, and would also achieve consistency with the objectives of the Coastal Act for coastal dependent industrial activity would be advisable. Such a policy would only be applicable in situations where different industrial uses are competing for land, and in such instances would assign priority to marine related industry. POLICY RECOMMENDATION 1. In the event that different industrial land uses are competing for available industrial land, priority shall be given to marine-dependent industrial uses. Page 484 of 546 62 CHAPTER VIII ENVIRONMENTAL HAZARDS COASTAL ACT POLICIES Section 30253 (a) of the Coastal Act requires that new development minimize risks in areas of high geologic, flood and fire hazard. EXISTING CONDITIONS Potential sources of hazards within National City’s jurisdiction of the Coastal Zone include land settlement hazards, seismic hazards, sea level rise, and flood hazards. Settlement hazards in the area result from the presence of soft, sedimentary soil in the low lying areas, including areas of fill over bay/alluvium deposits. Bay mud has an almost liquid consistency and makes a poor foundation material. No active faults are located within the area. Nearby, local faults include the northwest trending Rose Canyon fault, the Sweetwater fault and the La Nacion fault. The Rose Canyon fault is traceable as a fault zone from offshore at La Jolla to a point about 5 miles north of National City’s Coastal Zone and is thought to extend through San Diego Bay to the Mexican border. The Sweetwater fault runs north-south along the eastern edge of National City, about 2 miles east of the coastal zone. The La Nacion fault also runs north-south, about a mile further east. The Rose Canyon fault would be the most probable local source for a serious earthquake. The most severe shaking for the San Diego area occurred on May 27, 1982, possibly in the Rose Canyon fault zone, with a magnitude of 5.7 to 6.0. Seismic hazards to the area may also be expected from movement on the Elsinore fault zone, located about 40 miles to the east, with a maximum probable magnitude of 7.3. The loose soils in the area are subject to potentially severe shaking from a magnitude 5.9 local earthquake. Older one-story buildings in the area would not provide great potential for damage. Newer buildings constructed in accordance with the Uniform Building Code would be expected to provide for specified safety standards. Other seismic-related hazards include subsidence, liquefaction and lateral spreading (movement of soil materials toward an unsupported slope, i.e. along stream channels. Ground rupture is considered a remote but possible earthquake occurrence related to movement on the nearby rose Canyon fault. Other possible seismic hazards include tsunamis, sea waves generated by offshore, submarine earthquakes, and searching, surface waves within adjacent landlocked water bodies. Flood hazards in the area result from natural watercourses, including Paradise Creek and the Sweetwater River. Within National City’s Coastal Zone areas of potential flooding include the Paradise Marsh wetlands in Subareas I and III, and other low lying areas in Subarea III (Sweetwater industrial area). Completion of the U.S. Army corps of Engineers Sweetwater River Flood Control Project will mitigate this flooding hazard. Page 485 of 546 63 Sea Level Rise As mentioned previously, the City currently has no residential development within its Coastal Zone and very few properties are impacted by sea level rise due to the distances between the bay and development. Additionally, there are very few properties that are available for either redevelopment or new development within the City’s Coastal Zone. The City will review each project to determine if any proposed development may be impacted by sea level rise, consistent with the Commission’s most recently adopted sea level rise guidance: 1. Acknowledge and address sea level rise as necessary in the General Plan and CDP decisions. 2. Use the best available science to determine City relevant and context-specific sea level rise projections for all stages of planning, project design, and permitting reviews. 3. Use a precautionary approach by planning and providing adaptive capacity for the higher end of the range of possible sea level rise when supported by updated sea level rise modeling. 4. Design adaptation strategies according to City conditions and existing development patterns, in accordance with the Coastal Act and the City’s LCP policies. 5. Avoid significant coastal hazard risks to new development where feasible. 6. Minimize hazard risks to new development over the life of authorized structures. 7. Minimize coastal hazard risks and resource impacts when making redevelopment decisions. 8. Account for the social, economic, and environmental justice needs of the people of the City; assure priority for coastal-dependent and coastal-related development over other development. 9. Ensure that property owners understand and assume the risks, and mitigate the coastal resource impacts, of new development in flood hazardous areas. 10. Provide for maximum protection of coastal resources in all coastal planning and regulatory decisions. 11. Where applicable, maximize natural shoreline values and processes; avoid expansion and minimize the perpetuation of shoreline armoring. 12. Recognize that sea level rise will cause the public trust boundary to move inland. Protect public trust lands and resources, including as sea level rises. New shoreline protective devices should not result in the loss of public trust lands such as the Paradise Marsh. Page 486 of 546 64 13. Address other potential coastal resource impacts (wetlands, habitat, agriculture, scenic, etc.) from hazard management decisions, consistent with the Coastal Act and the LCP. 14. Address the cumulative impacts and City context of planning and permitting decisions. 15. Require mitigation of unavoidable coastal resource impacts related to permitting and shoreline management decisions. 16. Consider best available information on resource valuation when mitigating coastal resource impacts. 17. Coordinate planning and City decision making with other appropriate other local, or state and federal agencies. 18. Identify funding options for conducting and updating vulnerability assessments. 19. Provide for maximum public participation in the Coastal planning and other regulatory processes. Page 487 of 546 65 EXISTING PLANNING AND ZONING The Natural Setting Section of National City’s Updated General Plan contains several policies which address environmental hazards. For example: Policy A The City will enforce appropriate development regulations concerning geologic, soils and seismic hazards, and will monitor regional conditions, such as fault activity, which pertain to National City. Policy B The City will explore necessary measures to protect areas in danger from sea level and flood hazards. Policy C Assessment of potential flood and drainage impacts will be required of all major new developments. When significant impacts are identified, the project will provide adequate mitigation either directly or will provide the means for financing necessary public drainage improvements. Implementation Policy 1 Maintain and improve the City’s participation in regional planning for natural hazards, such as earthquakes and floods, and evaluate any new circumstances that may apply to National City. Implementation Policy 2 Monitor any new information concerning the Sweetwater Fault, currently judged inactive, which runs through the far eastern portions of the City, and the La Nacion Fault, judged potentially active, which is less than a mile east of the City limits. Implementation Policy 3 Revise and enforce appropriate development regulations as necessary to comply with recognized standards for protection from geologic, soils and seismic hazards, to ensure public safety. Implementation Policy 4 Ensure through development regulations that proposed new development adequately provides for on- and off- site mitigation of potential flood hazards and drainage problems. National City’s Combined General Plan/Zoning Map applies the Floodway designation to land within the City that is vulnerable to flooding and subject to special, protective development regulations. The designated areas conform to the areas of special flood hazard identified by the Federal Insurance Administration. The Army Corps of Engineers is constructing flood control channel improvements to alleviate flood hazards from the Sweetwater River. The area of the flood control channel is designated as open space by National City’s Combined General Plan/Zoning Map. Page 488 of 546 66 ANALYSIS Environmental hazards in National City’s Coastal Zone are not substantially different from other areas in the City, except for area of fill over bay/alluvium deposits. General Plan policies and implementing ordinances address environmental hazards. Building permit applications require site plan review by the Planning Department, which incorporates concerns of other City Departments, i.e., Building, Fire, Police and Engineering. Uniform Building Code requirements address adequacy of soils for proposed construction and adequacy of proposed construction with regard to seismic hazards. Additional policies are recommended to address geologic hazard in the coastal area. POLICY RECOMMENDATIONS 1. Consistent with the above sea level rise policies, review of new development for potential flood, seismic ,and geologic hazards by the City shall determine necessary improvements to minimize risk during the site plan review process, or during any applicable, discretionary review process. 2. Geotechnical reports shall be required for new development in areas subject to geologic hazard. 3. Waivers of liability shall be required from applicants for coastal development permits in areas of geologic hazard. 4. Prior to the development of the parcels on both sides of the existing Sweetwater River Channel, south of 35th Street, a sea level flood hazard study shall be conducted, based upon design criteria anticipating the potential flood hazard remaining after the construction of the Sweetwater River Flood Control channel or from a 100-year flood, whichever is applicable at the time of development. Only development consistent with the recommendations of the study shall be approved for the area. Specific development policies shall be provided in the Implementation Plan. The policies shall stress provision of adequate setbacks to minimize the amount of fill necessary for flood protection, and no armoring or channelization of the existing river channel for flood protection shall be allowed. Page 489 of 546 67 REFERENCES California Coastal Act of 1976, Public Resources Code Section 30000-30900. California Coastal Commission, Local Coastal Program Manual, October, 1979. California Coastal Commission, Local Coastal Program Regulations, July, 1980. California Coastal Commission, Statewide Interpretive Guidelines, March, 1977. California Coastal Commission, National City Issue Identification and Work Program, Staff Report, February 19, 1980. California Coastal Zone Conservation Act of 1972, Public Resources Code Sections 27000-27650. California Coastal Zone Conservation Commission, California Coastal Plan, December, 1975. California Coastal Zone Conservation Commission, (San Diego Region), Recreation, 1974. City of Arcata, Coastal Land Use Element, November, 1979. City of Carlsbad, Local Coastal Program, September, 1980 (PRC Toups) City of Carpentaria, Coastal Plan, January, 1980. City of Chula Vista, Phase II Chula Vista Bayfront Local Coastal Program, certified March 27, 1984 (Sedway Cooke Associates). City of Chula Vista, Chula Vista Bayfront Specific Plan, Chula Vista Local Coastal Program Phase III, amended February, 1986. City of National City, Updated General Plan, adopted February 1, 1983. City of National City, Combined General Plan/Zoning Map. City of National City, Community Development Commission, Draft Environmental Impact Report, E.J. Christman Business and Industrial Park, August 1977, (M.S.A., Inc.) City of National City, Issue Identification and Work Program, July, 1978. (Westec Services) City of National City, Land Use Code. City of Oceanside, Land Use Plan, February 19, 1980. City of Pacifica, Local Coastal Land Use Plan, September 14, 1979, (Ironside and Associates). Page 490 of 546 68 REFERENCES (continued) Comprehensive Planning Organization, the San Diego Regional Coastal Access Study, June, 1978, (PBQ&D, Inc.). San Diego Unified Port District, Port Master Plan, February 19, 1980. San Diego Unified Port District, Port Master Plan EIR, September, 1979. San Diego Unified Port District, Recreational Demand, September, 1972. San Diego Unified Port District, Boating Slip Demand - 1995, August, 1978. U.S. Army Corps of Engineers, Los Angeles District, Environmental Statement - Sweetwater River Flood Control Channel, State Highway Route 54, July, 1977. U.S. Army Corps of Engineers, Los Angeles District, Environmental Statement - Recreation Facilities and Conservation of Sweetwater - Paradise Marshlands, July, 1977. U.S. Army Corps of Engineers, Los Angeles District, Sweetwater River - Final Environmental Impact Statement, Sweetwater River Flood Control Channel, State Highway Route 54, Interstate Highway Route 5, Recreation Facilities and Conservation of Marshlands, San Diego County, California, March 1982. U.S. Army Corps of Engineers, Los Angeles District, Sweetwater River Flood Control Improvement, General Design Memorandum for Sweetwater River Flood Control Channel, San Diego County, California, Main Report, March 1982. U.S. Department of Housing and Urban Development, Federal Insurance Administration, Flood Insurance Study - City of National City, August, 1978. CALIFORNIA COASTAL COMMISSION SEA LEVEL RISE POLICY GUIDANCE Interpretive Guidelines for Addressing Sea Level Rise in Local Coastal Programs and Coastal Development Permits. Nov. 7, 2018 CALIFORNIA COASTAL COMMISSION ENVIRONMENTAL JUSTICE POLICY. March 8, 2019. Port of San Diego Environmental Impact Report Balanced Plan. PMPA and DEIR Nov 2021. Page 491 of 546 AGENDA REPORT Department: Community Development - Neighborhood Services Prepared by: Dionisia Trejo, Administrative Secretary Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Temporary Use Permit – The 16th Annual San Diego Granfondo Bike Ride Sponsored by Life Sports Foundation on April 6, 2025, with No Waiver of Fees. RECOMMENDATION: Approve the Application for a Temporary Use Permit Subject to Compliance with all Conditions of Approval with No Waiver of Fees or in Accordance to City Council Policy 802. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: This is a request from Life Sports Foundation to conduct the 16th Annual San Diego Granfondo Bike Ride through San Diego County on April 6, 2025, from 7:30 a.m. to 5 p.m. The event starts in Little Italy, downtown San Diego and finishes at Ruocco Park. 1,200 participants are expected for this event. Three routes will be offered: a 34-mile short course; 56-mile intermediate course; and a 105-mile-long course. The course begins in Downtown San Diego under the Little Italy sign and proceeds west to Pacific Hwy and then south to Harbor Drive. It enters National City at West 8th Street, turning right onto Roosevelt Avenue and turns left onto Plaza Boulevard. The ride continues east on Plaza Boulevard until exiting National City via Paradise Valley Road. Riders will follow the rules of the road. Note: This event has been approved by City Council for prior years with No Waiver of Fees. FINANCIAL STATEMENT: Total cost is $1,087.52: (1) City processing fee of $312.00; and (2) $775.52 for Police Department. 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. 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 – TUP Application Exhibit B – TUP Conditions of Approval Page 492 of 546 Page 493 of 546 Page 494 of 546 Page 495 of 546 Page 496 of 546 Page 497 of 546 Page 498 of 546 Page 499 of 546 Page 500 of 546 Page 501 of 546 Page 502 of 546 Page 503 of 546 Page 504 of 546 Page 505 of 546 Page 506 of 546 Page 507 of 546 Page 508 of 546 Page 509 of 546 Page 510 of 546 Page 511 of 546 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Life Sports Foundation EVENT: San Diego Granfondo Bike Ride DATE OF EVENT: 04/06/2025 APPROVALS: COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY DEVELOPMENT YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 Risk Management has reviewed the above-captioned request for issuing a Temporary Use Permit. To satisfy the City’s insurance requirements, it will be necessary for the Applicant and the Event Medical Provider (American Medical Response) to provide the following: • A valid copy of the Certificate of Liability Insurance from the applicant, Life Sports Foundation, and American Medical Response. • The insurance policy has a combined single limit of no less than $1,000,000.00 (ONE MILLION DOLLARS) for each occurrence and $2,000,000.00 (TWO MILLION DOLLARS) in aggregate that would cover the date and location of the event. • The applicant and American Medical Response must each provide a separate additional insured endorsement wherein it notes the additional insured as “The City of National City, its officials, agents, employees, and volunteers” • The insurance company issuing the policy has an A.M. Best’s Guide Rating of A: VII and is a California-admitted company. • The Certificate Holder must reflect: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA. 91950-4397 It should be noted that the applicant properly executed the Indemnification and Hold Harmless Agreement when the Special Event Application was submitted. Page 512 of 546 PUBLIC WORKS (619)366-4580 No involvement POLICE DEPARTMENT Based on the information provided in the TUP, the recommendation would be that two officers be assigned to the procession for a period of one to four hours in order to provide a safe traffic break as the cyclists make their way through the proposed intersection. As the riders make their way through National City, they will need to comply with all appropriate traffic laws. The current officer rate is attached below: That would be for a total of (4) hours of overtime times 2 officers at a pay rate of $96.94 per hour/per officer for a total of $775.52 combined. **Four hours of overtime is the minimum per the NCPOA MOU. ** ENGINEERING No comments received COMMUNITY SERVICES No comments received FINANCE No comments received FIRE (619) 336-4550 No fees for this event Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. Emergency services access shall be given to all emergency apparatus upon approach 2) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes 3) First Aid will be provided by organization COMMUNITY DEVELOPMENT Planning No comments Building No comments Page 513 of 546 Neighborhood Services Neighborhood Notifications – Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, “No Parking” signs being posted, music at the e vent, etc. Display of banners -- Banners are allowed on site for event but must be removed immediately thereafter event completion. If you wish to place banners in any location other than on-site, you must get approval from the property/business owner where you intend to display the banner. Page 514 of 546 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Warrant Register #17 for the Period of 10/18/24 through 10/24/24 in the Amount of $5,763,144.78 RECOMMENDATION: Ratify Warrants Totaling $5,763,144.78 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for the period of 10/18/24 – 10/24/24. Consistent with the Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Innovate Construction 371869 $60,690.00 CIP 22-09 Eastside I-805 Greenbelt Wright Construction 371895 $484,705.20 CIP 19-11 Paradise Creek Water Quality Kaiser Foundation 371870 $219,271.44 Nov 2024 – Group #104220 Insurance Mile of Cars Assoc 371909 $77,386.34 FY23&24 Lighting Maint District Public Emp Ret 242970183 $358,012.11 Service Period 10/1/24 – 10/14/24 Union Tower One LP 4771 $2,681,809.58 Union Tower Draw #4 FINANCIAL STATEMENT: Warrant Total $5,763,144.78 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. 17 Page 515 of 546 PAYEE DESCRIPTION CHK NO DATE AMOUNT Mayor and Council ACE UNIFORMS & ACCES MAYOR MORRISON/ JOSIE OUTSIDE WINTER JACKET 371896 10/24/24 362.03 SMART SOURCE OF CALI BUSINESS CARD FOR YAMANE'S EXEC ASS - ROMAN 371920 10/24/24 45.98 Total for Department 408.01 Building/Planning 4LINK NETWORK CONSUL COLLECT AND TRACK HOME INSPECTION REQUEST 371847 10/24/24 200.00 STAPLES BUSINESS ADV MOP#45704 PLANNING OFFICE SUPPLIES 371922 10/24/24 56.76 SUNRUN INSTALLATION REFUND A PORTION OF PERMIT FEES FOR CANCELL 371924 10/24/24 133.80 SUNRUN INSTALLATION REFUND A PORTION OF PERMIT FEES FOR CANCELL 371925 10/24/24 133.80 SUNRUN INSTALLATION REFUND A PORTION OF PERMIT FEES FOR CANCELL 371926 10/24/24 133.80 SUNRUN INSTALLATION REFUND A PORTION OF PERMIT FEES FOR CANCELL 371927 10/24/24 133.80 SUNRUN INSTALLATION REFUND A PORTION OF PERMIT FEES FOR CANCELL 371928 10/24/24 133.80 SUNRUN INSTALLATION REFUND A PORTION OF PERMIT FEES FOR CANCELL 371929 10/24/24 133.80 Total for Department 1,059.56 CAO STAPLES BUSINESS ADV MOP 45704 / CITY ATTORNEY OFFICE SUPPLIES 371921 10/24/24 157.57 STAPLES BUSINESS ADV MOP 45704 / CITY ATTORNEY OFFICE SUPPLIES 371921 10/24/24 266.38 Total for Department 423.95 City Clerk TRANS-LANG TRANSLATION SERVICES FOR CITY COUNCIL MEETIN 371933 10/24/24 1,155.00 TRANS-LANG TRANSLATION SERVICES FOR CITY COUNCIL MEETIN 371933 10/24/24 595.00 TRANS-LANG TRANSLATION SERVICES FOR CITY COUNCIL MEETIN 371933 10/24/24 735.00 TRANS-LANG TRANSLATION SERVICES FOR CITY COUNCIL MEETIN 371933 10/24/24 595.00 TRANS-LANG TRANSLATION SERVICES FOR CITY COUNCIL MEETIN 371933 10/24/24 1,103.76 TRANS-LANG TRANSLATION SERVICES FOR CITY COUNCIL MEETIN 371933 10/24/24 1,295.00 Total for Department 5,478.76 CMO NATIONAL CITY CHAMBE PROVIDE ECONOMIC DEVELOPMENT SERVICES 371877 10/24/24 3,200.00 NATIONAL CITY CHAMBE PROVIDE ECONOMIC DEVELOPMENT SERVICES 371877 10/24/24 2,500.00 Total for Department 5,700.00 Community Services/Nutrition/Library AIR EXHAUST CORP CO CLEANING SERVICES OF HOODS, FANS, DUCTS AT N 371848 10/24/24 72.00 AMAZON CAPITAL SERVI LUNCH AT THE LIBRARY PONY BEADS COMPOSTABL 371849 10/24/24 1,521.63 AMAZON CAPITAL SERVI LUNCH AT THE LIBRARY- SUPPLIES 371849 10/24/24 192.25 AMAZON CAPITAL SERVI LUNCH AT THE LIBRARY- SUPPLIES 371849 10/24/24 2,689.09 AMAZON CAPITAL SERVI LUNCH AT THE LIBRARY- SUPPLIES 371849 10/24/24 624.81 AMAZON CAPITAL SERVI U-TOOLIZE GRANT PURCHASES 371849 10/24/24 429.94 WARRANT REGISTER # 17 10/24/2024 1/6Page 516 of 546 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 17 10/24/2024 AMAZON CAPITAL SERVI CRAFT AND PROGRAM SUPPLIES SR PRG/CSD 371849 10/24/24 42.86 AMAZON CAPITAL SERVI AMAZON CREDIT MEMO/CSD 371849 10/24/24 -35.64 AMAZON CAPITAL SERVI TARP USED FOR SNOWHILL AT A KIMBALL HOLIDAY/C 371849 10/24/24 252.04 AMAZON CAPITAL SERVI JBL BLUETOOTH SPEAKER 371849 10/24/24 110.86 COZZINI BROS., INC. KNIFE SHARPENING SERVICES FOR FY 25 371856 10/24/24 64.17 HOME DEPOT CREDIT SE KIMBALL HOLIDAY HOUSEHOLD TOOL KIT/CSD 371868 10/24/24 67.87 HOME DEPOT CREDIT SE KIMBALL HOLIDAY HOME TOOL KIT/CSD 371868 10/24/24 78.60 HOME DEPOT CREDIT SE KIMBALL HOLIDAY STORAGE BINS WITH WHEELS/CSD 371868 10/24/24 323.14 OCLC, INC OCLC- CATALOGING AND METADATA SUBSCRIPTION 371878 10/24/24 13,353.78 PRUDENTIAL OVERALL S LAUNDRY AND CONSUMABLES FOR FY25 371883 10/24/24 153.43 PRUDENTIAL OVERALL S LAUNDRY AND CONSUMABLES FOR FY25 371883 10/24/24 151.75 PRUDENTIAL OVERALL S LAUNDRY AND CONSUMABLES FOR FY25 371883 10/24/24 151.75 PRUDENTIAL OVERALL S LAUNDRY AND CONSUMABLES FOR FY25 371883 10/24/24 153.43 PRUDENTIAL OVERALL S LAUNDRY AND CONSUMABLES FOR FY25 371883 10/24/24 151.75 PRUDENTIAL OVERALL S LAUNDRY AND CONSUMABLES FOR FY25 371883 10/24/24 153.43 SANCHEZ MAYO, LESTER CONT INST PYMT BASKETBALL CLASS CAMACHO FAL 371885 10/24/24 1,540.00 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371890 10/24/24 358.93 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371890 10/24/24 4,398.97 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371890 10/24/24 3,467.08 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371890 10/24/24 986.44 ALL FRESH PRODUCTS FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371897 10/24/24 237.35 AMAZON AMAZON- GLOW IN DARK POWDER, SLIME 371898 10/24/24 38.99 AMAZON AMAZON- TONER CARTRIDGE 371898 10/24/24 146.31 AMAZON AMAZON- SEQUIN GLITTER, CANISTERS, BEADS, ALU 371898 10/24/24 64.93 BAKER & TAYLOR BAKER AND TAYLOR- GUINNESS WORLD RECORDS 371900 10/24/24 71.61 BAKER & TAYLOR BAKER AND TAYLOR- CALDENDER OF EVENTS, PRINC 371900 10/24/24 162.46 CALIFA GROUP CALIFA- SUBSCRIPTION RENEWAL 371902 10/24/24 400.00 PACIFIC REFRIGERATIO SERVICE CALL CHARGE 371912 10/24/24 886.81 PACIFIC REFRIGERATIO SERVICE CALL CHARGE 371912 10/24/24 223.00 SMART SOURCE OF CALI MOP 63845 DEPARTMENT ENVELOPES/CSD 371919 10/24/24 286.44 STAPLES BUSINESS ADV MOP 45704 CREDIT MEMO/CSD 371921 10/24/24 -15.41 STAPLES BUSINESS ADV MOP 45704 CREDTI MEMO/CSD 371921 10/24/24 -15.41 STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES/CSD 371921 10/24/24 57.24 Total for Department 33,998.68 Engineering / PW's BLUE PACIFIC ENGINEE CIP 19-45 CIVIC CENTER ADA 371851 10/24/24 6,289.20 GRAINGER CEILING TILE FY25-PW/FAC 371863 10/24/24 550.97 GRAINGER MOP 65179 PRESSURE GAUGE FY25-PW/EQM 371863 10/24/24 141.18 HDR ENGINEERING, INC PARADISE CREEK AT PLAZA PHASE II 371866 10/24/24 6,274.25 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371868 10/24/24 777.20 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371868 10/24/24 255.88 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371868 10/24/24 96.39 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371868 10/24/24 120.69 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371868 10/24/24 611.35 INNOVATIVE CONSTRUCT CIP 19-23 CENTRAL COMMUNITY MOBILE ENHMNT PR 371869 10/24/24 3,376.00 INNOVATIVE CONSTRUCT CIP 22-09 EASTSIDE I-805 GREENBELT 371869 10/24/24 60,690.00 2/6Page 517 of 546 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 17 10/24/2024 INNOVATIVE CONSTRUCT CIP 22-26 EL TOYON PARK 371869 10/24/24 7,210.00 INNOVATIVE CONSTRUCT CIP 19-23 CENTRAL COMMUNITY MOBILE ENHMNT PR 371869 10/24/24 1,747.00 INNOVATIVE CONSTRUCT CIP 23-15 PAVEMENT REHABILITATION PROJECT 371869 10/24/24 2,538.00 INNOVATIVE CONSTRUCT CIP 24-04 FY24/25 ADA IMP 371869 10/24/24 2,001.00 INNOVATIVE CONSTRUCT CIP 23-15 PAVEMENT REHABILITATION PROJECT 371869 10/24/24 2,010.00 INNOVATIVE CONSTRUCT CIP 24-04 FY24 AND FY25 ADA IMPROVEMENTS PROJ 371869 10/24/24 2,668.00 INNOVATIVE CONSTRUCT CIP 23-15 PAVEMENT REHABILITATION PROJECT 371869 10/24/24 2,774.00 INNOVATIVE CONSTRUCT CIP 24-04 FY24 AND FY25 ADA IMPROVEMENTS PROJ 371869 10/24/24 2,467.00 INNOVATIVE CONSTRUCT LAS PALMAS POOL SITE REPAIRS AND COORDINATIO 371869 10/24/24 1,553.00 INNOVATIVE CONSTRUCT CIP 22-16 CITYWIDE PEDESTRIAN SAFETY ENHANCEM 371869 10/24/24 41.01 INNOVATIVE CONSTRUCT CIP 22-16 CITYWIDE PEDESTRIAN SAFETY ENHANCEM 371869 10/24/24 48.99 INNOVATIVE CONSTRUCT CIP 15-05 ROOSEVELT AVE CORRIDOR SMART GROW 371869 10/24/24 990.00 KIMLEY HORN AND CIP 19-23 CENTRAL CMNTY MOBILITY 371871 10/24/24 3,150.45 KIMLEY HORN AND CIP 19-25 CNC BIKE WAYFINDING 371872 10/24/24 2,254.61 LEFORT'S SMALL ENGIN MOP 80702 AUTO SUPPLIES FY25-PW/EQM 371873 10/24/24 500.00 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371879 10/24/24 57.82 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371879 10/24/24 88.54 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371879 10/24/24 62.90 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371880 10/24/24 13.55 PROJECT PROFESSIONAL CIP 24-07 PROFESSIONAL SVCS FOR ARTS ROOF REP 371882 10/24/24 3,933.94 PROJECT PROFESSIONAL CIP 23-12 PD AND MLK FIRE BACKFLOW PREVENTER 371882 10/24/24 3,254.85 PROJECT PROFESSIONAL CIP 24-06 LIBRARY DOOR UPGRADES 371882 10/24/24 3,907.10 PROJECT PROFESSIONAL CIP 20-04 PD GENERATOR & ELECTRICAL UPGRADES 371882 10/24/24 2,076.00 PROJECT PROFESSIONAL CIP 19-11 AMENDMENT 1 FOR PARADISE CREEK WQC 371882 10/24/24 12,243.00 PROJECT PROFESSIONAL CIP 19-11 AMENDMENT 1 FOR PARADISE CREEK WQC 371882 10/24/24 13,638.00 PROJECT PROFESSIONAL CIP 19-11 AMENDMENT 1 FOR PARADISE CREEK WQC 371882 10/24/24 25,560.50 PROJECT PROFESSIONAL CIP 24-13 LAS PALMAS IMPROVEMENTS - ARPA 371882 10/24/24 19,275.83 PROJECT PROFESSIONAL CIP 24-10 - KIMBALL PARK BALLFIELD LIGHTING -ARPA 371882 10/24/24 4,897.25 PROJECT PROFESSIONAL CIP 23-06 - LAS PALMAS DOG PARK - AMENDMENT 2- 371882 10/24/24 851.50 PROJECT PROFESSIONAL STORM - 3131 HOOVER AVE STORM DRAIN REPAIR 371882 10/24/24 8,633.54 PROJECT PROFESSIONAL STORM- PROF SERVICES FOR 3131 VALLEY RD STOR 371882 10/24/24 2,020.50 PROJECT PROFESSIONAL STORM - 3131 HOOVER AVE STORM DRAIN REPAIR 371882 10/24/24 10,680.75 PROJECT PROFESSIONAL STORM- PROF SERVICES FOR 3131 VALLEY RD STOR 371882 10/24/24 4,219.50 PROJECT PROFESSIONAL STORM - 16TH ST AND MA AVE STORM DRAIN REPAIR 371882 10/24/24 4,247.50 PROJECT PROFESSIONAL STORM - 3131 HOOVER AVE STORM DRAIN REPAIR 371882 10/24/24 14,248.75 PROJECT PROFESSIONAL CIP 22-25- AMENDMENT # 1 FOR FRANC ADMINISTRAT 371882 10/24/24 3,988.00 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/EQM 371883 10/24/24 101.09 SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 371886 10/24/24 570.49 SO CAL TRUCK STOP MOP 45758 PROPANE FY25-PW/EQM 371888 10/24/24 42.27 SO CAL TRUCK STOP MOP 45758 PROPANE FY25-PW/EQM 371888 10/24/24 30.12 VULCAN MATERIALS COM ASPHALT & ROCK MATERIALS FOR FY25-PW/STS 371892 10/24/24 1,612.03 WAXIE SANITARY SUPPL BPO: JANITORIAL SUPPLIES FY25-PW/FAC 371893 10/24/24 2,140.81 WAXIE SANITARY SUPPL BPO: JANITORIAL SUPPLIES FY25-PW/FAC 371893 10/24/24 101.79 WESTFLEX INDUSTRIAL MOP 63850 AUTO SUPPLIES FY25-PW/EQM 371894 10/24/24 88.16 WRIGHT CONSTRUCTION, CIP 19-11 PARADISE CREEK WATER QUALITY 371895 10/24/24 484,705.20 BNSF RAILWAY COMPANY BAYSHORE BIKEWAY SEGMENT 5 ENGINEERING 371901 10/24/24 6,631.54 CANON SOLUTIONS AMER PAPER FOR LARGE PLOTTER PRINTER 371903 10/24/24 161.69 INNOVATIVE CONSTRUCT CIP 19-23 CENTRAL COMMUNITY MOBILE ENHMNT PR 371907 10/24/24 1,700.00 3/6Page 518 of 546 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 17 10/24/2024 NV5 INC CONTRACT SERVICES FOR COX COMM PERMITS 371910 10/24/24 1,472.63 NV5 INC CONTRACT SERVICES FOR COX COMM PERMITS 371910 10/24/24 787.41 NV5 INC CONTRACT SERVICES SDGE UTILITY PERMITS 371910 10/24/24 9,892.76 NV5 INC CONTRACT SERVICES AT&T UTILITY PERMITS 371910 10/24/24 1,456.13 NV5 INC CONTRACT SERVICES FOR MEDIA 3 APPL. 371910 10/24/24 2,942.18 NV5 INC CONTRACT SERVICES FOR SWEETWATER PIPELINE 371910 10/24/24 710.68 NV5 INC CONTRACT SERVICES FOR R AVE. & E 8TH ST. 371910 10/24/24 400.41 NV5 INC CONTRACT SERVICES FOR E 20TH ST. & B AVE. 371910 10/24/24 446.76 NV5 INC CONTRACT SERVICES FOR E 14TH ST. 371910 10/24/24 587.35 NV5 INC STAFF AUGMENTATION AND COUNTER SUPPORT 371910 10/24/24 463.50 NV5 INC MEETINGS AND COORDINATION 371910 10/24/24 355.35 NV5 INC CONTRACT SERVICES FOR SDG&E UTILITY PERMITS 371910 10/24/24 9,198.79 NV5 INC CONTRACT SERVICES FOR AT&T PERMITS 371910 10/24/24 2,326.24 NV5 INC CONTRACT SERVICES FOR MEDIA 3 APPL. 371910 10/24/24 2,476.10 NV5 INC CONTRACT SERVICES FOR SWEETWATER PIPELINE 371910 10/24/24 1,277.45 NV5 INC CONTRACT SERVICES FOR R AVE. & E 8TH ST. 371910 10/24/24 243.34 NV5 INC CONTRACT SERVICES FOR 1000 EUCLID AVE. 371910 10/24/24 300.50 NV5 INC STAFF AUGMENTATION AND COUNTER SUPPORT 371910 10/24/24 746.75 NV5 INC CONTRACT SERVICES FOR CROWN CASTLE PERMITS 371910 10/24/24 408.14 NV5 INC CONTRACT SERVICES FOR COX UTILITY PERMITS 371910 10/24/24 309.00 NV5 INC CONTRACT SERVICES FOR MEETINGS & COORDINAT 371910 10/24/24 587.10 NV5 INC CONTRACT SERVICES MEETINGS AND COORDINATIO 371910 10/24/24 515.00 NV5 INC CONTRACT SERVICES MEETINGS AND COORDINATIO 371910 10/24/24 1,032.58 NV5 INC CONTRACT SERVICES FOR MEETINGS AND COORDIN 371910 10/24/24 211.15 NV5 INC CONTRACT SERVICES FOR SDG&E UTILITY PERMITS 371910 10/24/24 7,863.67 NV5 INC CONTRACT SERVICES FOR CROWN CASTLE PERMITS 371910 10/24/24 7,122.88 NV5 INC CONTRACT SERVICES FOR AT&T PERMITS 371910 10/24/24 2,950.90 NV5 INC CONTRACT SERVICES FOR SWEETWATER PIPELINE 371910 10/24/24 365.13 NV5 INC CONTRACT SERVICES FOR COX PERMITS 371910 10/24/24 1,118.32 NV5 INC CONTRACT SERVICES FOR W 25TH ST. AND HOOVER 371910 10/24/24 784.08 NV5 INC CONTRACT SERVICES FOR N AVE. & E 24TH ST. 371911 10/24/24 112.01 NV5 INC PLAN CHECK SERVICES FOR E 7TH ST. & B AVE. 371911 10/24/24 34.76 NV5 INC CONTRACT SERVICES FOR E 20TH AND B ST. 371911 10/24/24 137.76 NV5 INC CONTRACT SERVICES FOR STAFF AUGMT AND COUN 371911 10/24/24 180.25 PROJECT PROFESSIONAL NC SIGN REMOVAL AND FOUNDATION DEMOLITION 371914 10/24/24 1,429.35 PROJECT PROFESSIONAL CIP 19-11 AMENDMENT 1 FOR PARADISE CREEK WQC 371914 10/24/24 11,546.75 RANDALL LAMB ASSOCIA POLICE DEPARTMENT STANDBY POWER CONVERSIO 371915 10/24/24 1,500.00 STC TRAFFIC INC 1640 ORANGE ST - SURVEYING SERVICES AND PROJ 371923 10/24/24 810.00 THE SAN DIEGO UNION NOTICE INVITING BIDS – CIP 22-26 EL TOYON PARK 371931 10/24/24 2,065.57 Total for Department 824,089.41 Finance C A P F NOVEMBER 2024 - FIRE LTD ID0244755 371852 10/24/24 1,298.00 CALIFORNIA LAW ENFOR NOVEMBER 2024 - PD LTD ID0244909 371854 10/24/24 2,752.00 DELTA DENTAL INSURAN NOVEMBER 2024 – GRP #05-7029600002 COBRA DENT 371858 10/24/24 51.00 DELTA DENTAL INSURAN NOVEMBER 2024 GRP #05-7029600000 PMI DENTAL IN 371859 10/24/24 68.00 DELTA DENTAL OF CALI NOVEMBER 2024 - GRP#05-0908601002 COBRA PREM 371860 10/24/24 45.22 4/6Page 519 of 546 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 17 10/24/2024 DELTA DENTAL OF CALI NOV 2024 GRP #05-0908600000 DENTAL INS PREMIER 371861 10/24/24 17,393.82 KAISER FOUNDATION HE NOV 2024 - GROUP #104220 KAISER INSURANCE ACTI 371870 10/24/24 31,421.82 KAISER FOUNDATION HE NOV 2024 - GROUP #104220 KAISER INSURANCE ACTI 371870 10/24/24 219,271.44 HDL COREN & CONE AUDIT SERVICES: PROPERTY TAX 2023/2024 371906 10/24/24 519.72 MILE OF CARS ASSOCIA FY23&24 MOC/LIGHTNING MAINT. DISTRICT SPEC. AS 371909 10/24/24 77,386.34 RELIANCE STANDARD NOV 2024 - GRP VAI826233 VC1801146 & VG180848 371916 10/24/24 3,995.46 SASI MONTHLY TRUST ACCOUNTING OCT/DEBIT CARD CH 371918 10/24/24 105.90 Total for Department 354,308.72 Fire CITY OF CHULA VISTA ROPE RESCUE TECH CLASS FOR HARRIS AND MEJIA 371855 10/24/24 2,400.00 HAMLYN WILLIAMS INC TEMP EMPLYMT SVCS,NARDYEZDA ACOSTA,WE END 371865 10/24/24 600.00 HAMLYN WILLIAMS INC TEMP EMPLYMNT SVCS, NARDYEZDA ACOSTA-WK 15 371865 10/24/24 880.00 HAMLYN WILLIAMS INC TEMP EPLYMNT, SOA NARDYEZDA ACOSTA, WE 22-09 371865 10/24/24 800.00 HAMLYN WILLIAMS INC TEMP EMPLYMNT SVCS, NARDYEZDA ACOSTA-WK 29 371865 10/24/24 1,161.00 HAMLYN WILLIAMS INC TEMP EMPLYMT, NARDYEZDA ACOSTA-W/E 6-OCT-24 371865 10/24/24 1,280.00 MATLOCK, JASEN RE-IMBURSMNT, TRAVEL DEPLOYMT-WILDLAND FIRE 371874 10/24/24 122.13 MYSTERY RANCH LLC SHIFT 900 MWP BAG ONLY-BLACK-OS 371875 10/24/24 200.56 NAPA AUTO PARTS MOP #45735, TRAN/FLU QT DEXRON3I (214) 371876 10/24/24 37.49 PRUDENTIAL OVERALL S MOP #45742, 18X18 PURPLE SHOP TOWEL 371883 10/24/24 25.00 LION FIRST RESPONDER BULLSEYE LASER EXTINGUISHER REPAIR/LION FIRST 371908 10/24/24 380.04 PRO BUILD COMPANY MOP#45707, MASTER WALL AND BATTERY MNT FOR M 371913 10/24/24 67.95 ROBINSON, SCOTT REIMBRSMT,24-25 FIRE SEASON & BOISE FIRE DEPLY 371917 10/24/24 2,795.46 THE COUNSELING TEAM EMPLOYEE SUPPORT SERVICES 371930 10/24/24 220.00 Total for Department 10,969.63 Housing / Sec 8 HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA, W-E 6/23/24 SECT 8 DE 371865 10/24/24 1,618.52 HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA, W-E 6/16/24 SECT 8 DE 371865 10/24/24 1,548.00 HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA, W-E 6/09/24 SECT 8 DE 371865 10/24/24 946.86 HAMLYN WILLIAMS INC TEAM-STAFSS AYMEE ACOSTA W-E 09/01/24 FOR S8 D 371865 10/24/24 1,358.37 HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA, W-E 8/18/24 SECT 8 DE 371865 10/24/24 1,577.24 REGIONAL TASK FORCE HIMS ACCESS FOR APRIL-JUNE 21 FOR S8 DEPART 371884 10/24/24 261.75 REGIONAL TASK FORCE HIMS ACCESS FOR JAN-MAR 24 FOR SECT 8 DEPART 371884 10/24/24 261.75 REGIONAL TASK FORCE HIMS ACCESS FOR JUL-SEP-2024 FOR SECTION 8 DE 371884 10/24/24 107.25 SOUTH BAY SHREEDDING MONTHLY FEE FOR AUG-24 FOR SECTION 8 DEPARTM 371889 10/24/24 140.00 SOUTH BAY SHREEDDING MONTHLY FEE FOR SERVICE OF SEP-2024 FOR S8 DE 371889 10/24/24 247.00 THE STAR NEWS CAPER ADVERTISING/ HOUSING 371891 10/24/24 107.63 Total for Department 8,174.37 Human Resources Total for Department 0.00 5/6Page 520 of 546 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 17 10/24/2024 MIS GRANICUS SWAGIT WEBCASTING FY25 371864 10/24/24 2,055.27 AT&T SBC/AT&T DATA/PHONES FY25 371899 10/24/24 6,557.93 COX COMMUNICATIONS COX BUSINESS DATA/VIDEO FY25 371905 10/24/24 174.00 Total for Department 8,787.20 NSD PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SVC 371883 10/24/24 47.26 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SVC 371883 10/24/24 47.26 PRO BUILD COMPANY MOP 45707 PAINT SUPPLIES 371913 10/24/24 295.82 STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES 371921 10/24/24 45.64 STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES 371921 10/24/24 153.04 THE SHERWIN WILLIAMS MOP 77816 PAINT SUPPLIES 371932 10/24/24 414.98 Total for Department 1,004.00 Police BARRAGAN, JOSE TRAINING POST PL 4 TRAFFIC INV ADV POST SUB ME 371850 10/24/24 336.00 CABRALES, ISELA REIM: ICABRALES - ADV PEER SUPPORT TRAINING 371853 10/24/24 417.09 CPOA CPOA MEMBERSHIP DUES FOR CAPTAIN AYDELOTTE 371857 10/24/24 324.00 CARDOZA, MATTHEW REIM: MCARDOZA - CALIFA USE OF FORCE 371904 10/24/24 255.95 Total for Department 1,333.04 Risk Total for Department 0.00 A/P Total 1,255,735.33 PAYROLL Pay period Start Date End Date Check Date 22 10/1/2024 10/14/2024 10/23/2024 1,467,587.76 WIRED PAYMENTS Finance PUBLIC EMP RETIREMEN SERVICE PERIOD 10/01/2024-10/14/2024 242970183 10/24/24 358,012.11 Housing / Sec 8 UNION TOWER ONE LP UNION TOWER DRAW #4 4771 10/24/24 2,681,809.58 GRAND TOTAL 5,763,144.78 6/6Page 521 of 546 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Warrant Register #18 for the Period of 10/25/24 through 10/31/24 in the Amount of $2,153,037.03 RECOMMENDATION: Ratify Warrants Totaling $2,153,037.03 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for the period of 10/25/24 – 10/31/24. Consistent with the Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Registrar of Voters 371980 $98,000.00 Deposit for Nov 2024 Election 911 Vehicle 371934 $58,429.00 Communication Installation in Pierce SDG&E 371983 $107,952.55 Gas & Electric for Facilities FINANCIAL STATEMENT: Warrant Total $2,153,037.03 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. 18 Page 522 of 546 PAYEE DESCRIPTION CHK NO DATE AMOUNT Mayor and Council SMART & FINAL YAMANE'S OPEN HOUSE SNACKS 372030 10/31/24 87.97 Total for Department 87.97 Building/Planning BOOT WORLD MOP#64096 BOOT WORLD JOE SOLIS 371943 10/31/24 146.12 KEANE, JOHN REFUND PORTION OF PERMIT FEES #BD24-00421 372022 10/31/24 151.00 KEANE, JOHN REFUND PORTION OF PERMIT FEES #BD24-00421 372022 10/31/24 151.00 KEANE, JOHN REFUND PORTION OF PERMIT FEES #BD24-00421 372022 10/31/24 1.00 KEANE, JOHN REFUND PORTION OF PERMIT FEES #BD24-00421 372022 10/31/24 1.99 Total for Department 451.11 CAO CIVICA LAW GROUP APC LEGAL SERVICES FOR CODE CASE 372006 10/31/24 2,040.35 CIVICA LAW GROUP APC LEGAL SERVICES FOR CODE SERVICES 372006 10/31/24 4,212.89 CIVICA LAW GROUP APC LEGAL SERVICES FOR CODE MATTER 372006 10/31/24 4,670.15 CIVICA LAW GROUP APC LEGAL SERVICES FOR CODE CASE 372006 10/31/24 8,633.50 Total for Department 19,556.89 City Clerk REGISTRAR OF VOTERS REGISTRAR OF VOTERS-DEPOSIT FOR NOV24 ELECT 371980 10/31/24 98,000.00 THE EPOCH TIMES PUBLISH NOTICE - ELECTION 371991 10/31/24 239.25 THE STAR NEWS PUBLIC NOTICING 371993 10/31/24 230.62 THE STAR NEWS PUBLIC NOTICING 371993 10/31/24 112.75 THE STAR NEWS PUBLIC NOTICING 371993 10/31/24 984.00 THE STAR NEWS PUBLIC NOTICING 371993 10/31/24 114.84 THE STAR NEWS PUBLIC NOTICING 371993 10/31/24 105.06 THE STAR NEWS PUBLIC NOTICING 371993 10/31/24 105.06 THE STAR NEWS PUBLIC NOTICING 371993 10/31/24 102.50 THE STAR NEWS PUBLIC NOTICING 371993 10/31/24 64.06 THE STAR NEWS PUBLIC NOTICING 371993 10/31/24 107.63 THE STAR NEWS PUBLIC NOTICING 371993 10/31/24 120.44 THE STAR NEWS PUBLIC NOTICING 371993 10/31/24 84.56 THE STAR NEWS PUBLIC NOTICING 371993 10/31/24 102.50 THE STAR NEWS PUBLIC NOTICING 371993 10/31/24 138.38 THE STAR NEWS PUBLIC NOTICING 371993 10/31/24 94.81 THE STAR NEWS PUBLIC NOTICING 371993 10/31/24 112.75 THE STAR NEWS PUBLIC NOTICING 371993 10/31/24 246.00 Total for Department 101,065.21 CMO COLT SERVICES, INC. CARPET CLEANING FOR CITY COUNCIL OFFICE 372007 10/31/24 1,176.00 COLT SERVICES, INC. CARPET CLEANING - CITY MANAGER 372007 10/31/24 1,007.41 WARRANT REGISTER # 18 10/31/2024 1/7Page 523 of 546 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 18 10/31/2024 Total for Department 2,183.41 Community Services/Nutrition/Library PANTOJA, ELLIE RFW-REFUND-GENTLE YOGA PKG.1#5660 W/D DATE 1 371973 10/31/24 45.00 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371990 10/31/24 188.28 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371990 10/31/24 3,008.84 SYSCO SAN DIEGO INC DISHWASHER LEASE FOR SEPTEMBER 371990 10/31/24 259.86 AED BRANDS, LLC RECREATION FACILITIES AED PADS/CSD 372001 10/31/24 88.47 EXOS WORKS, INC EXOS JUN24 PRO SVCS/CSD 372017 10/31/24 37,113.98 PEIRCE, DENISSE RFW-CONT.INST. MO. PYMNT YOGA CLASS OCT.2024 372026 10/31/24 409.50 REINKE, JOSEPH CAMACHO REC. DANCE PRG ROLLING STAND MIRRO 372028 10/31/24 7,423.99 SMART & FINAL MOP 45756 CASA YOUTH FALL BREAK PROGRAMMING 372030 10/31/24 125.52 SMART & FINAL MOP 45756 FAB - SR PRG SUPPLIES/CSD 372030 10/31/24 49.46 SMART & FINAL MOP 45756 FAB SR PRG SUPPLIES/CSD 372030 10/31/24 96.38 SMART & FINAL MOP 45756 FAB SR PRG SUPPLIES/CSD 372030 10/31/24 78.44 SMART & FINAL MOP 45756 CASA YOUTH PRG/CSD 372030 10/31/24 252.60 T'S & SIGNS INC WORK PANTS FOR SELENA PACHECO 372031 10/31/24 45.68 WINTERGREEN CORPORAT C7 TWINKLE LIGHTS FOR A KIMBALL HOLIDAY TREE/C 372036 10/31/24 803.55 ZERO WASTE SAN DIEGO SUMMER READING PROGRAM- ZERO WASTE, PRESE 372037 10/31/24 1,600.00 ZOOBEAN INC ZOOBEAN- SUBSCRIPTION RENEWAL, LIT. SERVICES 372038 10/31/24 1,847.47 Total for Department 53,437.02 Engineering / PW's 911 VEHICLE COMMUNICATIONS INSTALLATION IN NEW PIERCE EN 371934 10/31/24 58,429.00 AIRGAS USA LLC MOP 45714 SEWER SUPPLIES FY25-PW/WW 371936 10/31/24 129.68 ASSI SECURITY INC CITY WIDE SECURITY REPAIRS FY25-PW/FAC 371939 10/31/24 477.94 CALIFORNIA ELECTRIC MOP 45698 ELECTRIC SUPPLIES FY25-PW/FAC 371945 10/31/24 239.24 CALIFORNIA ELECTRIC MOP 45698 ELECTRIC SUPPLIES FY25-PW/FAC 371945 10/31/24 269.70 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 371960 10/31/24 122.87 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 371960 10/31/24 78.50 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 371960 10/31/24 37.27 HASA INC CHEMICALS FOR MUNICIPAL POOL FY25-PW/FAC 371964 10/31/24 638.59 HASA INC CHEMICALS FOR MUNICIPAL POOL FY25-PW/FAC 371964 10/31/24 980.97 HASA INC CHEMICALS FOR MUNICIPAL POOL FY25-PW/FAC 371964 10/31/24 892.70 HASA INC CHEMICALS FOR MUNICIPAL POOL FY25-PW/FAC 371964 10/31/24 760.30 MASON'S SAW & LAWNMO MOP 45729 LANDSCAPE SUPPLIES FY25-PW/PARKS 371970 10/31/24 316.72 NATIONAL CITY ELECTR EL TOYON BATHROOM FY25-PW/FAC 371971 10/31/24 612.00 NATIONAL CITY ELECTR EL TOYON PARK BATHROOM FY25-PW/FAC 371971 10/31/24 4,210.00 NATIONAL CITY ELECTR OFFICE OUTLETS FY25-PW/FAC 371971 10/31/24 375.00 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY25-PW/EQM 371972 10/31/24 39.04 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY25-PW/EQM 371972 10/31/24 199.34 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371974 10/31/24 74.26 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371974 10/31/24 55.07 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371974 10/31/24 7.75 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES CREDIT FY25-PW/EQM 371974 10/31/24 -104.55 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371974 10/31/24 7.75 2/7Page 524 of 546 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 18 10/31/2024 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371974 10/31/24 54.70 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371974 10/31/24 167.95 POWERSTRIDE BATTERY MOP 67839 AUTO BATTERIES FY25-PW/EQM 371976 10/31/24 214.98 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/WW 371977 10/31/24 403.39 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/WW 371977 10/31/24 67.50 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/PARKS 371977 10/31/24 241.85 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/PARKS 371977 10/31/24 26.08 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/STS 371977 10/31/24 231.89 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/STS 371977 10/31/24 82.18 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 371977 10/31/24 322.99 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 371977 10/31/24 43.04 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 371977 10/31/24 378.85 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 371977 10/31/24 228.44 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 371977 10/31/24 47.93 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 371977 10/31/24 143.87 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 371977 10/31/24 98.10 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/WW 371978 10/31/24 72.85 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/WW 371978 10/31/24 55.24 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/PARKS 371978 10/31/24 159.14 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/PARKS 371978 10/31/24 122.51 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/STS 371978 10/31/24 102.24 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/STS 371978 10/31/24 137.08 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/FAC 371978 10/31/24 45.11 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/EQM 371978 10/31/24 98.29 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/FAC 371978 10/31/24 45.24 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/FAC 371978 10/31/24 20.72 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR FACILITIES OCT FY25-PW/FA 371982 10/31/24 5,237.09 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR FACILITIES OCT FY25-PW/FA 371982 10/31/24 461.77 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS OCT FY25-PW/STS 371982 10/31/24 10,480.64 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS OCT FY25-PW/STS 371982 10/31/24 649.08 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS OCT FY25-PW/STS 371982 10/31/24 121.16 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS SEPT FY25-PW/ST 371982 10/31/24 102.94 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS OCT FY25-PW/STS 371982 10/31/24 113.35 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR WASTEWATER OCT FY25-PW 371983 10/31/24 690.18 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR FACILITIES OCT FY25-PW/FA 371983 10/31/24 107,952.55 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS OCT FY25-PW/STS 371983 10/31/24 39,229.60 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371984 10/31/24 2,026.00 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371984 10/31/24 598.00 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371984 10/31/24 482.00 SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 371986 10/31/24 7.07 SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 371986 10/31/24 360.91 SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 371986 10/31/24 75.19 SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 371986 10/31/24 25.06 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 371987 10/31/24 70.63 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 371987 10/31/24 13.22 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 371987 10/31/24 105.79 SO CAL TRUCK STOP MOP 45758 PROPANE FY25-PW/EQM 371988 10/31/24 42.80 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS AUG-SEPT FY25-PW/PA 371989 10/31/24 107.69 3/7Page 525 of 546 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 18 10/31/2024 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS AUG-OCT FY25-PW/PAR 371989 10/31/24 27.70 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS AUG-OCT FY25-PW/PAR 371989 10/31/24 27.70 SWEETWATER AUTHORITY WATER BILL FOR WASTEWATERAUG-SEPT FY25-PW/W 371989 10/31/24 107.69 SWEETWATER AUTHORITY WATER BILL FOR WASTEWATER OCT-SEPT FY25-PW/371989 10/31/24 107.69 SWEETWATER AUTHORITY WATER BILL FOR WASTEWATER AUG FY25-PW/WW 371989 10/31/24 161.54 SWEETWATER AUTHORITY WATER BILL FOR WASTEWATER AUG FY25-PW/WW 371989 10/31/24 107.69 VISTA PAINT MOP 68834 PAINT SUPPLIES FY25-PW/STS 371999 10/31/24 500.39 ANSER ADVISORY MANAG NTP 5-5-21- SWEETWATER RD PROTECTED 372003 10/31/24 30,755.95 ATLAS TECHNICAL CONS UTILITY TRENCH & RETAINING WALL BACKFILL 372004 10/31/24 3,090.00 CIRCUIT TRANSIT INC SPECIALIZED SERVICES FOR CLEAN MOBILITY 372005 10/31/24 23,983.63 HDR ENGINEERING, INC FEMA HAZARD MITIGATION FOR HARBISON AVE 372020 10/31/24 18,805.50 HDR ENGINEERING, INC FEMA HAZARD MITIGATION FOR HARBISON AVE 372020 10/31/24 1,226.50 Total for Department 320,316.00 Finance CALIFORNIA DEPARTMEN SALES TAX LIABILITY FOR THE PERIOD JUL-SEP 2024 371944 10/31/24 1,439.07 CALIFORNIA DEPARTMEN SALES TAX LIABILITY FOR THE PERIOD JUL-SEP 2024 371944 10/31/24 11.03 CALIFORNIA DEPARTMEN SALES TAX LIABILITY FOR THE PERIOD JUL-SEP 2024 371944 10/31/24 103.73 CALIFORNIA DEPARTMEN SALES TAX LIABILITY FOR THE PERIOD JUL-SEP 2024 371944 10/31/24 28.84 CALIFORNIA DEPARTMEN SALES TAX LIABILITY FOR THE PERIOD JUL-SEP 2024 371944 10/31/24 94.34 CALIFORNIA DEPARTMEN SALES TAX LIABILITY FOR THE PERIOD JUL-SEP 2024 371944 10/31/24 15.33 CALIFORNIA DEPARTMEN SALES TAX LIABILITY FOR THE PERIOD JUL-SEP 2024 371944 10/31/24 0.80 CALIFORNIA DEPARTMEN SALES TAX LIABILITY FOR THE PERIOD JUL-SEP 2024 371944 10/31/24 1.60 CALIFORNIA DEPARTMEN SALES TAX LIABILITY FOR THE PERIOD JUL-SEP 2024 371944 10/31/24 242.59 CALIFORNIA DEPARTMEN SALES TAX LIABILITY FOR THE PERIOD JUL-SEP 2024 371944 10/31/24 16.02 CALIFORNIA DEPARTMEN SALES TAX LIABILITY FOR THE PERIOD JUL-SEP 2024 371944 10/31/24 97.11 CALIFORNIA DEPARTMEN SALES TAX LIABILITY FOR THE PERIOD JUL-SEP 2024 371944 10/31/24 -0.46 THE LINCOLN NATIONAL NOV 2024 - Grp #415491 LIFE & AD&D, STD, LTD INS 371992 10/31/24 2,648.96 THE LINCOLN NATIONAL NOV 2024 - Grp #415491 LIFE & AD&D, STD, LTD INS 371992 10/31/24 1,480.01 THE LINCOLN NATIONAL NOV 2024 - Grp #415491 LIFE & AD&D, STD, LTD INS 371992 10/31/24 7,598.59 OPTUM HSA BANKING FEES MONTHLY SERVS - GROUP HB19 372025 10/31/24 19.50 OPTUM HSA BANKING FEES MONTHLY SERVS - GROUP HB19 372025 10/31/24 19.50 OPTUM HSA BANKING FEES MONTHLY SERVS - GROUP HB19 372025 10/31/24 9.75 OPTUM HSA BANKING FEES MONTHLY SERVS - GROUP HB19 372025 10/31/24 19.50 OPTUM HSA BANKING FEES MONTHLY SERVS - GROUP HB19 372025 10/31/24 58.50 WILDAN FINANCIAL SRV COST ALLOCATION PLAN AND USER FEE STUDY 372035 10/31/24 3,580.00 Total for Department 17,484.31 Fire FOTRONIC CORPORATION RECTRACTABLE LANYARD FOR KXX UNITS 372018 10/31/24 684.50 HAMLYN WILLIAMS INC TEMP EMPLYMT, NARDYEZDA ACOSTA- W/E 13-OCT-2 372019 10/31/24 1,096.50 LIFECOM, INC. SERVICE/REPAIRS AND CALIBRATION OF RKI GX-2012 372023 10/31/24 743.19 LIFECOM, INC. SERVICE/REPAIRS AND CALIBRATION OF RKI GX-2012 372023 10/31/24 877.88 LIFECOM, INC. SERVICE/REPAIRS AND CALIBRATION OF RKI GX-2012 372023 10/31/24 716.25 LINEGEAR FIRE & RESC WILDLAND WEB GEAR 372024 10/31/24 1,765.56 SAFETY-KLEEN SYSTEMS GASTEC AQUEOUS PW SAMPLE TUBE 372029 10/31/24 259.46 4/7Page 526 of 546 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 18 10/31/2024 Total for Department 6,143.34 Housing / Sec 8 ALEMAN, RAMON LOPEZ COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371937 10/31/24 280.46 ANDALON, ALFREDO COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371938 10/31/24 280.46 BEATY, BROOKE MICHEL COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371941 10/31/24 280.46 BELLO SOTELO, JENNY COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371942 10/31/24 280.46 CHAVEZ, ESTELA KARIN COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371948 10/31/24 280.46 CHAVEZ, GLADYS ROCIO COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371949 10/31/24 280.46 CHRISTENSEN & SPATH CDC-HA AGREEMENT WITH CHRISTENSEN & SPATH 371950 10/31/24 1,350.00 CHRISTENSEN & SPATH CDC-HA AGREEMENT WITH CHRISTENSEN & SPATH 371950 10/31/24 2,400.00 CORTES SOTO, EVELIA COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371951 10/31/24 155.00 COVARRUBIAS ESTRADA COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371952 10/31/24 280.46 DELGADO, DIANA COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371954 10/31/24 280.46 DIAZ, MARIA RODRIGUE COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371956 10/31/24 280.46 DUARTE JILES, ENEDIN COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371957 10/31/24 280.53 FELIX RAMOS, RAQUEL COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371958 10/31/24 280.46 GUERRERO, MARICELA COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371961 10/31/24 280.46 GUILLEN, ANGELICA COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371962 10/31/24 134.34 GUTIERREZ CUBILLAS COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371963 10/31/24 280.46 HUERTA-KARAM, MELISS COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371965 10/31/24 280.46 JUAREZ DIAZ COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371966 10/31/24 280.46 LOPEZ, MARLEENA REBE COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371967 10/31/24 280.46 MACHADO, LETICIA COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371968 10/31/24 280.46 MACIAS, MARIA G. COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371969 10/31/24 280.46 PINEDA CASTELLANOS, COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371975 10/31/24 280.46 RAMIREZ LARA, LLUV COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371979 10/31/24 280.46 RODRIGUEZ DIAZ, NATA COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371981 10/31/24 280.46 SANCHEZ, MANUEL R COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371985 10/31/24 280.46 TURNER, CATRINA RENE COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371994 10/31/24 280.46 VARGAS, MARISOL GUER COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371995 10/31/24 280.46 VASQUEZ LOPEZ, JUAN COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371996 10/31/24 163.00 VAZQUEZ, JOSE COUNTY OF SAN DIEGO FLOOD ASSITANCE/HOUSING 371997 10/31/24 280.46 Total for Department 11,213.91 Human Resources AETNA BEHAVIORAL HEA EMPLOYEE ASSISTANCE PROGRAM/SEPTEMBER 202 371935 10/31/24 838.50 CASILLAS, JOSE A REIMBURSEMENT FOR CITY REQ LICENSE 371947 10/31/24 80.00 DEPARTMENT OF JUSTIC NEW EMPLOYEE FINGERPRINT TEST RESULTS-SEP20 371955 10/31/24 192.00 Total for Department 1,110.50 MIS AT&T SBC/AT&T DATA/PHONES FY25 371940 10/31/24 59.75 AT&T SBC/AT&T DATA/PHONES FY25 371940 10/31/24 2,368.25 AT&T SBC/AT&T DATA/PHONES FY25 371940 10/31/24 16,821.72 5/7Page 527 of 546 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 18 10/31/2024 COX COMMUNICATIONS COX BUSINESS DATA/VIDEO FY25 371953 10/31/24 803.60 COX COMMUNICATIONS COX BUSINESS DATA/VIDEO FY25 371953 10/31/24 88.25 COX COMMUNICATIONS COX BUSINESS DATA/VIDEO FY25 371953 10/31/24 174.00 VERIZON WIRELESS VERIZON WIRELESS DATA/PHONES FY25 371998 10/31/24 2,577.78 VERIZON WIRELESS VERIZON WIRELESS DATA/PHONES FY25 371998 10/31/24 3,323.86 VERIZON WIRELESS VERIZON WIRELESS DATA/PHONES FY25 371998 10/31/24 3,290.95 WILLY'S ELECTRONIC S WILLY'S ELECTRONIC MOP FY 25 372000 10/31/24 255.98 WILLY'S ELECTRONIC S WILLY'S ELECTRONIC MOP FY 25 372000 10/31/24 107.52 WILLY'S ELECTRONIC S WILLY'S ELECTRONIC MOP FY 25 372000 10/31/24 119.30 WILLY'S ELECTRONIC S WILLY'S ELECTRONICS MOP FY25 372000 10/31/24 31.40 WILLY'S ELECTRONIC S WILLY'S ELECTRONICS MOP FY25 372000 10/31/24 14.64 WILLY'S ELECTRONIC S WILLY'S ELECTRONICS MOP FY25 372000 10/31/24 40.97 WILLY'S ELECTRONIC S WILLY'S ELECTRONICS MOP FY25 372000 10/31/24 113.60 Total for Department 30,191.57 NSD Total for Department 0.00 Police CAMACHO, JOSEPH B GUN BUY BACK PROGRAM / PD 371946 10/31/24 1,000.00 GONZALES, ROBERTO R EDUCATIONAL REIMBURSEMENT 371959 10/31/24 1,249.00 PHILLIPS WILLIAM TRAINING POST PLN 4 AVD MEAL SUB TRAFFIC INVES 372027 10/31/24 336.00 TEC-DURAZO, FREDDY TRAINING REIMBURSEMENT FOR ABC GRANT PRC 33 372032 10/31/24 340.28 VASQUEZ, RUBEN REIM: RVASQUEZ - TYLER CONNECT CONFERENCE 2 372033 10/31/24 124.87 WARFIGHTER CONCEPTS TRAINING IN HOUSE SWAT TRAINING PRC T3237 372034 10/31/24 42,000.00 Total for Department 45,050.15 Risk AMAYA, MARIAELENA P REIMBURSEMENT FOR OFFICE SUPPLIES-2 BXS FILE 372002 10/31/24 92.38 DEAN GAZZO ROISTACHE GOGUE, III, TOMAS VS. CNC, ET AL. 372008 10/31/24 595.00 DEAN GAZZO ROISTACHE HIGHLAND VIEW APARTMENTS ET AL. VS. CNC, ET AL 372009 10/31/24 572.50 DEAN GAZZO ROISTACHE UMANA, ROBERTO, ET AL., VS. CNC, ET AL. 372010 10/31/24 7,620.91 DEAN GAZZO ROISTACHE REYNOSO, JUDY VS. CNC, ET AL. 372011 10/31/24 875.00 DEAN GAZZO ROISTACHE APAN, KIMBERLY VS. CNC, ET AL. 372012 10/31/24 874.00 DEAN GAZZO ROISTACHE VARGAS, NORA VS. CNC, ET AL. 372013 10/31/24 1,275.00 DEAN GAZZO ROISTACHE THOMAS, FRANK VS. CNC, ET AL. 372014 10/31/24 1,102.56 DEAN GAZZO ROISTACHE ALEGRE, ESTATE OF LUIS JOSUE, ET AL. VS. CNC, ET 372015 10/31/24 688.00 DEAN GAZZO ROISTACHE DARWISH, MARIEM VS. CNC, ET AL. 372016 10/31/24 2,365.04 INTERNATIONAL TACTIC UMANA, BRIAN, ET AL. VS. CNC, ET AL. 372021 10/31/24 18,550.00 Total for Department 34,610.39 A/P Total 642,901.78 6/7Page 528 of 546 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 18 10/31/2024 WIRED PAYMENTS MIS LEGAL FILES SOFTWARE LEGAL FILES SOFTWARE 3656 10/28/24 1,972.00 SECTION 8 HAPS Start Date End Date 11/1/2024 11/1/2024 1,508,163.25 GRAND TOTAL 2,153,037.03 7/7Page 529 of 546 AGENDA REPORT Department: Engineering & Public Works Prepared by: Stephen Manganiello, Director of Public Works/City Engineer Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Second Reading and Adoption of the Ordinance Establishing Speed Limits Based on Engineering and Traffic Surveys RECOMMENDATION: Adopt an Ordinance entitled, “Ordinance of the City Council of the City of National City, California, Establishing Speed Limits on Portions of Sweetwater Road Based on Engineering and Traffic Surveys and Authorizing the Director of Public Works to Post Speed Limit Signs Consistent with the Recommendations of the Engineering and Traffic Surveys.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: At their Regular Meeting on November 19, 2024, the City Council held a Public Hearing and introduced the Ordinance. The following background is provided. Section 22357 of the State of California Vehicle Code (CVC) permits local authorities to establish speed limits greater than the prima facie speed limit of 25 miles per hour (mph) when, on the basis of an engineering and traffic survey (E&TS), the local authority determines that a speed greater than 25 mph would facilitate the orderly movement of vehicular traffic and would be reasonable and safe. Section 627 of the CVC and Section 2B.13 of the California Department of Transportation (Caltrans) Manual on Uniform Traffic Control Devices (CA-MUTCD) outline the following criteria to be considered as part of conducting an E&TS: 1) Prevailing speeds as determined by traffic engineering measurements. 2) Accident Records. 3) Highway, traffic, and roadside conditions not readily apparent to the driver. 4) Residential Density. 5) Safety of bicyclists and pedestrians, with increased consideration for vulnerable pedestrian groups including children, seniors, persons with disabilities, users of personal assistive mobility devices, and the unhoused. The process begins with establishing speed zones to protect the public from the unreasonable behavior of reckless, unreliable, or otherwise dangerous drivers. Speed zones are also established to advise drivers of road conditions or hazards that may not be readily apparent to a reasonable driver. For that reason, a field review of related road/traffic variables is conducted which considers the analytical data and accident history of a particular roadway segment to determine a safe and reasonable speed limit. Next the criteria listed above in combination with Page 530 of 546 other factors such as 85th percentile speed, pace, and incremental changes in speeds from one zone to the next, are analyzed using the methodologies established in the CVC and CA-MUTCD to recommend speed limits. The CVC and CA-MUTCD recommend establishing speed limits at or near the 85th percentile speed, which is defined as the speed at or below which 85 percent of traffic is moving during free- flow conditions. Speed limits may, however, be established below the 85th percentile speed (within specified thresholds) if conditions are met for criteria 2) through 5) above. Speed limits established on this basis conform to the consensus of those who drive on the roadways as to what speed is reasonable and safe, and are not dependent on the judgment of one or a few individuals. State Assembly Bills (AB) 43 and 1938, which went into effect on January 1, 2022 and January 1, 2023, respectively, provide local agencies greater flexibility in setting and reducing speed limits. For example, local agencies may establish a speed limit of 20 mph or 25 mph if criteria is met for defining a “business activity district”. The legislation required updates to the CVC and CA-MUTCD, the last of which was made available to the public in March 2023. In 2022, the National City Engineering & Public Works Department authorized STC Traffic (through an “On-Call” Professional Engineering Services contract) to conduct new E&TS for all Arterial and Collector roadways identified in the National City General Plan Circulation Element. In 2023, STC Traffic completed the E&TS for 105 individual roadway segments in accordance with the procedures established by Section 2B.13 of the CA-MUTCD and consistent with all applicable provisions of the CVC. On December 5, 2023, the City Council adopted Ordinance No. 2023-2025 establishing speed limits for all 105 individual roadway segments based on the E&TS. Based on recent traffic collisions and requests received from the public regarding speeding on Sweetwater Road east of I-805, staff asked STC Traffic to re-evaluate the traffic data to determine if reductions to the posted speed limits are warranted. The following justifications have been presented to reduce the posted speed limit from 45 MPH to 40 MPH on Sweetwater Road between I-805 and Plaza Bonita Road: “When the nearest 5 mph increment of the 85th-percentile speed would require a rounding down, the speed may be reduced by 5 mph from the nearest 5 mph increment of the 85th-percentile speed (CVC 22358.6(b); CAMUTCD Section 2B.13, Standard 12a, Option 1) - CVC 627(c)(2); CA-MUTCD Section 2B.13, Option 29B (safety of bicyclists and pedestrians, vulnerable pedestrian groups – bus stop and no sidewalk).” Copies of the E&TS certification summary sheets are attached as Exhibit A. FINANCIAL STATEMENT: Funding to replace the existing speed limit signs is available through the Engineering & Public Works Streets & Wastewater Division Maintenance & Operations Budget. 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. CCR 15378; PRC 21065. Page 531 of 546 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: Second Reading and Adoption EXHIBITS: Exhibit A – E&TS Certification Sheets Exhibit B – Ordinance Page 532 of 546 Page 533 of 546 Page 534 of 546 ORDINANCE NO. 2024 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ESTABLISHING SPEED LIMITS ON PORTIONS OF SWEETWATER ROAD BASED ON ENGINERING AND TRAFFIC SURVEYS AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO POST SPEED LIMIT SIGNS CONSISTENT WITH THE RECOMMENDATIONS OF THE ENGINEERING AND TRAFFIC SURVEYS. WHEREAS, Section 22357 of the State of California Vehicle Code (CVC) permits local authorities to establish speed limits greater than the prima facie speed limit of 25 miles per hour (mph) when, on the basis of an engineering and traffic survey (E&TS), the local authority determines that a speed greater than 25 mph wo uld facilitate the orderly movement of vehicular traffic and would be reasonable and safe; and WHEREAS, State Assembly Bills (AB) 43 and 1938, which went into effect on January 1, 2022 and January 1, 2023, respectively, provide local agencies greater flexibility in setting and reducing speed limits; and WHEREAS, Section 627 of the CVC and Section 2B.13 of the California Department of Transportation Manual on Uniform Traffic Control Devices (CA-MUTCD) outline the criteria to be considered as part of conducting an E&TS, including that an E&TS be completed and certified by a registered professional Civil or Traffic Engineer at least once every 5, 7 or 14 years, in compliance with CVC Section 40802, to re-evaluate non-statuary speed limits on local roadways and allow for enforcement using radar, laser or other electronic devices; and WHEREAS, an E&TS for 105 individual roadway segments was completed in accordance with the procedures established by Section 2B.13 of the CA-MUTCD and consistent with all applicable provisions of the CVC, and formal presentations were made to the Traffic Safety Committee on April 12, 2023 (preliminary findings) and August 16, 2023 (final recommendations), where the Traffic Safety Committee ultimately voted unanimously in support of the recommendations of the E&TS at their meeting on August 16, 2023; and WHEREAS, on December 5, 2023, the City Council adopted Ordinance No. 2023-2025 establishing speed limits for all 105 individual roadway segments based on the E&TS; and WHEREAS, subsequently, based on recent traffic collisions and requests received from the public regarding speeding on Sweetwater Road east of I-805, the traffic data from the ET&S was re-evaluated to determine if reductions to the posted speed limits are warranted; and WHEREAS, based on the re-evaluated data, a professional traffic engineer licensed in the State of California, in accordance with the procedures established by Section 2B.13 of the CA- MUTCD and consistent with all applicable provisions of the CVC, recommends decreasing the posted speed limits from 45 mph to 40 mph on the following roadway segments: 1. Sweetwater Road between I-805 / Euclid Avenue and Valley Road 2. Sweetwater Road between Valley Road and Plaza Bonita Road; and WHEREAS, staff recommends the City Council authorize establishing speed limits on the subject segments of Sweetwater Road east of I-805 based on the re-evaluated portion of the Page 535 of 546 E&TS and authorize the Director of Public Works to post speed limit signs consistent with the recommendations of the re-evaluated portion of the E&TS. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, HEREBY ORDAINS AS FOLLOWS: Section 1: That, pursuant to authority under the California Vehicle Code including, but not limited to, sections 22357 and 40802, and on the basis of engineering and traffic surveys conducted and certified in accordance with applicable State law and regulations, the City Council hereby establishes the following recommended speed limits as reasonable and safe to facilitate the orderly movement of vehicular traffic on the portions of roadways within the City of National City, as summarized below, and authorizes the Director of Public Works to post speed limit signs consistent with the recommendations of the Engineering and Traffic Surveys: Forty miles per hour is declared and established as the prima facie speed limit on the following streets: 1. Sweetwater Road from I-805/Euclid Avenue to Valley Road 2. Sweetwater Road from Valley Road to Plaza Bonita Road Section 2: This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be published once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation published in the County of San Diego, California. Section 3: The City Clerk shall certify to the adoption of this Ordinance and shall public in accordance with the law. INTRODUCED at a regular meeting of the City Council of the City of National City, California, held on the 19th day of November, 2024. PASSED and ADOPTED this 3rd day of December, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 536 of 546 AGENDA REPORT Department: Planning Prepared by: Martin Reeder, AICP – Asst. Director of Community Development Meeting Date: Tuesday, December 3, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Update on the Establishment of a Short-Term Rental Ordinance. RECOMMENDATION: File the Report and Provide Input on the Creation of a Short-Term Rental Ordinance. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Staff will make a presentation on options for the creation of a Short-Term Rental Ordinance. FINANCIAL STATEMENT: No financial impact at this time. Creation of a subsequent short-term rental Ordinance will provide for future revenues. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Housing and Community 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: None. Page 537 of 546 MEMO to the City Council from Mayor Ron Morrison Agenda Item #14.1 Discussion and possible action of the City Council of the City of National City of a Censure of Councilmember Jose Rodriguiz for a pattern of violations of City Council Poli cy #119, specifically Policy Nos. Ill (1 ), (2), (3), (10), and the Code of Fair Campaign Practices Sections 1 + 2. The following issues have been raised; 1)Use of public resources in the course of actions of his office; giveaways, travel, reimbursements, and use of city funded resources on political campaign media sites. 2)The appearance, if not reality, of the use of City contractors and City hired staff under his direct control for the use of campaigning 3)The use of media to cause a hostile environment within the community in the form of bullying and non inclusive intimidation that has cause members of the community including a City Commissioner to feel that they and their families are threatened. 4)The appearance of hiring people that have been involved in his campaign as his City Staff 5)The continuing media attention concerning his character and actions which reflect upon the City's reputation as well 6) A total lack of remorse or change in actions when concerns of his character and actions are brought to his attention. According to Policy #119, "The City Council may impose sanctions on Members whose conduct is not in compliance with the ethical standards as set forth. Those sanctions my include, but are not limited to: reprimand, formal censure, and removal from Boards, Commissions and Committees." Page 538 of 546 Page 539 of 546 Page 540 of 546 Page 541 of 546 Page 542 of 546 Page 543 of 546 Page 544 of 546 Page 545 of 546 Page 546 of 546