Agenda packet, regular meeting — National City City Council, November 19, 2024 (part 4 of 7)

OWNER - CONTRACTOR AGREEMENT
FY24 AND FY25 PAVEMENT REHABILITATION PROJECT – CIP 23-15 This Owner-Contractor Agreement (“Agreement”) is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and MARTIN MARIETTA SAN DIEGO AGGREGATES LLC dba ATP GENERAL ENGINEERING CONTRACTORS (“Contractor”), 4211 Ponderosa Ave STE C, San Diego, CA 92123, on the 19th day of November, 2024, for the construction of the above referenced Project.

In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn-key manner in accordance with this Agreement and all documents and plans referenced in Exhibit “A”, (hereinafter “Contract Documents”), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner.

2. CONTRACT PRICE
Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit “B” attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn-key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions.

4. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age.

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5. AUTHORIZED OWNER REPRESENTATIVES
On behalf of the Owner, the Project Manager designated at the pre-construction meeting shall be the Owner’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement.

6. WORKERS' COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement."

7. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

8. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested.

9. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner.

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Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services.

Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

11. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch.

12. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 13, above:
(Initial) (Initial)

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14. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

Owner: Contractor:

MARTIN MARIETTA SAN DIEGO
AGGREGATES LLC dba ATP GENERAL

ENGINEERING CONTRACTORS
Ron Morrison (Owner/Officer signature)
Mayor, City of National City
Print name and title
APPROVED AS TO FORM:
(Second officer signature if a corporation)
By: __________________________________
Barry J. Schultz Print name and title
City Attorney, City of National City
Contractor’s City Business License No.

State Contractor’s License No. and Class
Business street address
City, State and Zip Code

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EXHIBIT A

CONTRACT DOCUMENTS
Owner/Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
San Diego County Regional Standard Drawings
City of National City Standard Drawings
Standard Specifications for Public Works Construction and Regional Supplements (Greenbook)
State Standard Specifications
State Standard Plans
California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies
Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards
Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project.

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EXHIBIT B

CONTRACT PRICE
(NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS)

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Item
Num Unit Quantity Description Unit Price Line Total
4th St. - NC Blvd. to I-805 Bridge
1 LS 1 Moblization $80,000 $80,000
2 LS 1 Traffic Control $65,000 $65,000
3 LS 1 SWPPP, Water Quality Control $4,450 $4,450
4 SF 174200 Cold Mill Asphalt Pavement - 1.5" Depth $0 $80,132 5 CY 100 Removal, disposal and replacement Unsuitable Base/ Subgrade $309 $30,900 6 TN 1570 1.5" Asphalt Concrete (AC) Pavement with Forta-Fi $140 $219,800 7 TN 490 6" Asphalt Concrete (AC) Digouts $469 $229,810 8 EA 21 Type E Traffic Loops $450 $9,450
9 EA 8 Type E Modified Traffic Loops $450 $3,600
10 EA 2 Type Q Loops $450 $900
11 EA 4 Replace Manhole Ring and Cover $4,585 $18,340
12 LS 1 Roadway Striping/Markings (In Kind) $97,630 $97,630 $840,012
G Ave. - N. of E 28th Ave.
13 LS 1 Moblization $5,000 $5,000
14 LS 1 Traffic Control $12,000 $12,000
15 LS 1 SWPPP, Water Quality Control $1,250 $1,250
16 SF 5100 Cold Mill Asphalt Pavement - 3" Depth $1 $4,845 17 TN 92 3" Asphalt Concrete (AC) Pavement with Forti-Fi $140 $12,880 18 LS 1 Roadway Striping/Markings (In Kind) $1,020 $1,020 $36,995
I Ave. - 18th St. to 24th St.
19 LS 1 Moblization $20,000 $20,000
20 LS 1 Traffic Control $20,000 $20,000
21 LS 1 SWPPP, Water Quality Control $1,250 $1,250
22 SF 42750 Cold Mill Asphalt Pavement - 1.5" Depth $1 $21,375 23 CY 50 Removal, disposal and replacement Unsuitable Base/ Subgrade $309 $15,450 24 TN 385 1.5" Asphalt Concrete (AC) Pavement with Forta-Fi (18th. to 21st.) $140 $53,900 25 TN 112 4" Asphalt Concrete (AC) Digouts $469 $52,528 26 SY 4170 Type II Slurry W/Polymer (21st to 24th) $4 $16,555 Engineering & Public Works Department
FY24 & FY25 Pavement Rehab CIP 23-15
Bid Opening Date: 9/13/2024
ATP General Eng
4211 Ponderosa Ave
San Diego, 92123
Engineer's Estimate: FY24 & FY25 Pavement Rehab $4,300,000

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Item
Num Unit Quantity Description Unit Price Line Total
ATP General Eng
4211 Ponderosa Ave
San Diego, 92123
27 EA 4 Replace Manhole Ring and Cover $4,585 $18,340
28 LS 1 Roadway Striping/Markings (In Kind) $12,204 $12,204 $231,602
Olive Ave. - 8th St. to Plaza St.
29 LS 1 Moblization $12,000 $12,000
30 LS 1 Traffic Control $16,000 $16,000
31 LS 1 SWPPP, Water Quality Control $1,250 $1,250
32 SF 27200 Cold Mill Asphalt Pavement - 2" Depth $1 $16,864 33 TN 380 2" Asphalt Concrete (AC) Pavement with Forta-Fi $140 $53,200 34 LS 1 Roadway Striping/Markings (In Kind) $3,552 $3,552 $102,866
Earle Dr. - Harbison to 16th
35 LS 1 Moblization $12,000 $12,000
36 LS 1 Traffic Control $18,000 $18,000
37 LS 1 SWPPP, Water Quality Control $1,250 $1,250
38 SF 44000 Cold Mill Asphalt Pavement - 1.5" Depth $0 $20,680 39 CY 2 Removal, disposal and replacement Unsuitable Base/ Subgrade $309 $618 40 TN 400 1.5" Asphalt Concrete (AC) Pavement with Forta-Fi $140 $56,000 41 TN 2 6" Asphalt Concrete (AC) Digouts $469 $938
42 EA 1 Reset Survey Monument $500 $500
43 LS 1 Roadway Striping/Markings (In Kind) $9,552 $9,552 $119,538
Seawind, Calle Delgado, Meadow Dr.
44 LS 1 Moblization $10,000 $10,000
45 LS 1 Traffic Control $13,000 $13,000
46 LS 1 SWPPP, Water Quality Control $1,250 $1,250
47 SF 24000 Cold Mill Asphalt Pavement - 1.5" Depth $0 $11,520 48 TN 220 3" Asphalt Concrete (AC) Pavement with Forta-Fi $140 $30,800 49 LS 1 Roadway Striping/Markings (In Kind) $4,620 $4,620 $71,190
Area 1
50 LS 1 Moblization $75,000 $75,000
51 LS 1 Traffic Control $60,000 $60,000
52 LS 1 SWPPP, Water Quality Control $4,450 $4,450
53 SY 36500 Type II Slurry W/Polymer $3 $110,960
54 SF 180150 Cold Mill Asphalt Pavement - 1.5" Depth $0 $82,869 55 TN 1625 1.5" Asphalt Concrete (AC) Pavement with Forta-Fi $140 $227,500 56 TN 120 6" Asphalt Concrete (AC) Digouts $469 $56,280 57 EA 8 Reset Survey Monuments $500 $4,000
58 LS 1 Roadway Striping/Markings (In Kind) $114,426 $114,426 $735,485
Area 2

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Item
Num Unit Quantity Description Unit Price Line Total
ATP General Eng
4211 Ponderosa Ave
San Diego, 92123
59 LS 1 Moblization $100,000 $100,000
60 LS 1 Traffic Control $80,000 $80,000
61 LS 1 SWPPP, Water Quality Control $5,520 $5,520
62 SY 107500 Type II Slurry W/Polymer $3 $318,200
63 SF 262300 Cold Mill Asphalt Pavement - 1.5" Depth $0 $123,281 64 TN 2360 1.5" Asphalt Concrete (AC) Pavement with Forta-Fi $140 $330,400 65 TN 35 6" Asphalt Concrete (AC) Digouts $469 $16,415
66 EA 6 Reset Survey Monuments $500 $3,000
67 LS 1 Roadway Striping/Markings (In Kind) $80,860 $80,860 $1,057,676
Area 3
68 LS 1 Moblization $40,000 $40,000
69 LS 1 Traffic Control $25,000 $25,000
70 LS 1 SWPPP, Water Quality Control $1,800 $1,800
71 SY 39200 Type II Slurry W/Polymer $3 $117,992
72 SF 60750 Cold Mill Asphalt Pavement - 1.5" Depth $0 $28,553 73 TN 550 1.5" Asphalt Concrete (AC) Pavement with Forta-Fi $140 $77,000 74 TN 295 6" Asphalt Concrete (AC) Digouts $469 $138,355 75 LS 1 Roadway Striping/Markings (In Kind) $12,588 $12,588 $441,288
Area 4
76 LS 1 Moblization $13,000 $13,000
77 LS 1 Traffic Control $18,000 $18,000
78 LS 1 SWPPP, Water Quality Control $1,250 $1,250
79 SY 15200 Type II Slurry W/Polymer $3 $47,424
80 SF 35500 Cold Mill Asphalt Pavement - 1.5" Depth $0 $16,685 81 TN 320 1.5" Asphalt Concrete (AC) Pavement with Forta-Fi $140 $44,800 82 EA 12 Reset Survey Monuments $500 $6,000
83 LS 1 Roadway Striping/Markings (In Kind) $2,844 $2,844 $150,003
Area 5
84 LS 1 Moblization $55,000 $55,000
85 LS 1 Traffic Control $60,000 $60,000
86 LS 1 SWPPP, Water Quality Control $4,450 $4,450
87 SY 30600 Type II Slurry W/Polymer $3 $93,636
88 SF 150400 Cold Mill Asphalt Pavement - 1.5" Depth $0 $70,688 89 TN 1355 1.5" Asphalt Concrete (AC) Pavement with Forta-Fi $140 $189,700 90 TN 105 6" Asphalt Concrete (AC) Digouts $469 $49,245 91 EA 3 Type E Traffic Loop $450 $1,350
92 EA 1 Type E Modified Traffic Loop $450 $450
93 LS 1 Roadway Striping/Markings (In Kind) $76,856 $76,856 $601,375

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Item
Num Unit Quantity Description Unit Price Line Total
ATP General Eng
4211 Ponderosa Ave
San Diego, 92123
Area 6
94 LS 1 Moblization $70,000 $70,000
95 LS 1 Traffic Control $80,000 $80,000
96 LS 1 SWPPP, Water Quality Control $4,450 $4,450
97 SY 26600 Type II Slurry W/Polymer $3 $80,864
98 SF 233900 Cold Mill Asphalt Pavement - 1.5" Depth $0 $109,933 99 TN 2105 1.5" Asphalt Concrete (AC) Pavement with Forta-Fi $140 $294,700 100 TN 255 6" Asphalt Concrete (AC) Digouts $469 $119,595 101 EA 3 Type E Traffic Loop $450 $1,350
102 EA 1 Type E Modified Traffic Loop $450 $450
103 LS 1 Roadway Striping/Markings (In Kind) $18,396 $18,396 $779,738
BID ALTERNATE 1 - L Ave. - 16th St. to 30th.
104 LS 1 Moblization $10,000 $10,000
105 LS 1 Traffic Control $25,000 $25,000
106 LS 1 SWPPP, Water Quality Control $4,450 $4,450
107 SF 176500 Cold Mill Asphalt Pavement - 1.5" Depth $0 $82,955 108 CY 100 Removal, disposal and replacement Unsuitable Base/ Subgrade $309 $30,900 109 TN 1600 1.5" Asphalt Concrete (AC) Pavement with Forta-Fi $140 $224,000 110 TN 290 6" Asphalt Concrete (AC) Digouts $469 $136,010 111 EA 6 Type E Traffic Loops $450 $2,700
112 EA 3 Type E Modified Traffic Loops $450 $1,350
113 EA 2 Replace Manhole Ring and Cover $4,585 $9,170
114 EA 1 Reset Survey Monument $500 $500
115 LS 1 Roadway Striping/Markings (In Kind) $24,672 $24,672 $551,707
BID ALTERNATE 2
116 EA 26 Reset Survey Monuments (Throughout Project Limits $500 $13,000 $13,000
Total $5,732,474.40

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CORPORATE CERTIFICATE
I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then ______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then _______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

Corporate Seal:

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PARTNERSHIP CERTIFICATE
STATE OF ______________________________)
) ss
COUNTY OF _____________________________)
On this __________ day of ___________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared:
_____________________________________________________________ ____________________________ (Notary Seal)
known to me to be _________________________________of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same.

Signature: _______________________________________________________________ Name (Type or Print): _____________________________________________________ (Notary Public in and for said County and State)
My Commission expires: __________________________________________________

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PERFORMANCE BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2024- _____, on the 19th day of November, 2024, has awarded MARTIN MARIETTA SAN DIEGO AGGREGATES LLC dba ATP GENERAL ENGINEERING CONTRACTORS, hereinafter designated as the "Principal", the FY24 and FY25 Pavement Rehabilitation Project – CIP 23-15
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

NOW, THEREFORE, we, the Principal and
___________________________________________ as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Five Million Seven Hundred Thirty-Two Thousand Four Hundred Seventy-Four and 40 Cent ($5,732,474.40) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

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wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications.

In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court.

IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the ________ day of ____________, 20____. ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) Surety Principal

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PERFORMANCE BOND

ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STATE OF ______________________________ )
) ss
COUNTY OF _____________________________)
On this______ day of ______________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ____________________________________________ known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the ____________________________________________, the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact.

NOTE: Signature of those executing for
Surety must be properly
acknowledged.

NOTE: The Attorney-in-fact must attach a
certified copy of the Power of
Attorney.

Signature: _______________________________________________________________ Name (Type or Print): _____________________________________________________ Notary Public in and for said County and State
My Commission expires: __________________________________________________

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PAYMENT BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2024- _____, on the 19th day of November, 2024, has awarded MARTIN MARIETTA SAN DIEGO AGGREGATES LLC dba ATP GENERAL ENGINEERING CONTRACTORS, hereinafter designated as the "Principal", the FY24 and FY25 Pavement Rehabilitation Project – CIP 23-15
WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and __________________________________ as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Five Million Seven Hundred Thirty-Two Thousand Four Hundred Seventy-Four and 40 Cent ($5,732,474.40) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court.

This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

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It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the ________ day of _____________________, 20____. ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) Surety Principal

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ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STATE OF ______________________________ )
) ss
COUNTY OF _____________________________)
On this day _______ of __________________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ____________________________________________ known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the ____________________________________________, the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact.

NOTE: Signature of those executing for
Surety must be properly
acknowledged.

NOTE: The Attorney-in-fact must attach a
certified copy of the Power of
Attorney.

Signature:

Name (Type or Print):
(Notary Public in and for said County and State)
My Commission expires:

ATTACH ALL BONDS

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RESOLUTION NO. 2024 -

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.

WHEREAS, the FY24 and FY25 Pavement Rehabilitation Project, CIP No. 23-15 (“Project”) will perform pavement rehabilitation through mill and overlay methods, as well as a Type II slurry seal at various locations; and
WHEREAS, the improvement areas were prioritized based on a previous pavement conditions survey, field investigations, and requests from the public and, in addition, staff applied an equitable approach to developing the Project by ensuring improvements were proposed throughout the City, rather than limiting improvements to one or two geographic areas; and WHEREAS, the City-Wide Pedestrian Safety Enhancement Project, CIP No. 22-16, which is funded in part by a Highway Safety Improvement Program grant (the “Grant”), was included within the bid package for the Project to take advantage of competitive pricing typically realized when quantities for similar line items of work increase; and WHEREAS, on April 26, 2024, the bid solicitation for the Project was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on May 1st and May 3rd, 2024, the bid solicitation was advertised in the local newspaper; and
WHEREAS, on May 21, 2024, two (2) bids were received by the 5:00 p.m. deadline; and WHEREAS, both bidders submitted proposals that significantly exceeded the engineer’s estimate and, consequently, staff informed both bidders on June 6, 2024 that the City intended to readvertise the Project, which would include adjustments to the Project scope to align the bids with the budget allocations, after which the Project would be rebid; and WHEREAS, as a result of the excessive cost of the earlier bids, on August 19, 2024 staff re-advertised the Project on PlanetBids with a revised Project scope in order to receive bids within the budget allocations; and
WHEREAS, on September 5th and September 9th, 2024, the bid solicitation was advertised in the local newspaper; and
WHEREAS, on September 13, 2024, four (4) bids were received by the 5:00 p.m. deadline; and
WHEREAS, RAL Investment Corporation was the apparent lowest bidder with a total bid amount of $6,269,983.11 but, upon a review of all documents submitted, staff rejected the bid as non-responsive due to the bidder's failure to sign the Verification and Execution document; and

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WHEREAS, consequently, staff reviewed the documents submitted by the second lowest bidder, Martin Marietta San Diego Aggregates, LLC dba ATP General Engineering Contractors (“ATP”), and ATP’s bid in the total bid amount of $6,745,176.10 was deemed responsive, making them the lowest responsible bidder qualified to perform the work as described in the Project specifications; and
WHEREAS, after reviewing the total bid submitted by ATP, City staff determined that the costs for the City-Wide Pedestrian Safety Enhancement Project, CIP No. 22-16 exceeded the Grant funds available for that portion of the Project and negotiated a revised scope of work with ATP that removed the City-Wide Pedestrian Safety Enhancement Project from the scope of work, resulting in a total contract award of $5,732,474; and
WHEREAS, City staff recommends 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-toexceed amount of $5,732,474 for the revised scope of work 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.

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 rejects all bids received on May 21, 2024, for the FY24 and FY25 Pavement Rehabilitation Project, CIP No. 23-15.

Section 2: That the City Council hereby authorizes the Mayor to execute the contract with 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.

Section 3: That the City Council hereby authorizes a 10% contingency in the amount of $573,247 for any unforeseen changes.

Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 19th day of November, 2024.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT
Department: Engineering
Prepared by: Ricardo Rodriguez, Assistant Engineer-Civil Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Awarding a Contract to Metrocell Construction, Inc., for the 8th St. Mobility Hub for the FRANC NEV Shuttle project, CIP No. 22-25.

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 8
th 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.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The Clean Mobility Options (CMO) Voucher Pilot Program is an initiative of the California Air Resources Board funded by the California Climate Investment Program. Its primary goal is to provide funding for zero-emission shared mobility options to underserved communities in California.

On August 3, 2021, the City Council adopted Resolution No. 2021-104 authorizing the City’s participation in the CMO Voucher Pilot Program from the California Air Resources Board for the Free Ride Around National City (FRANC) Neighborhood Electric Vehicle (NEV) Shuttle Program (the “FRANC”).

On December 6, 2022, the City Council adopted Resolution No. 2022-196 thereby appropriating $999,996 from the CMO Voucher Pilot Program for the FRANC, which is intended to provide first and last mile connections for the trolley station as well as connections to other origins and destinations in Downtown and Westside National City.

On June 20, 2023, the City Council adopted Resolution No. 2023-83 awarding an agreement with Circuit Transit, Inc. to provide the FRANC, and Resolution No. 2023-89 authorizing an appropriation in the amount of $400,000 for funding from the San Diego Port District for the FRANC program.

The City of National City submitted a grant request in late 2023 for a Mobility Hub and program at the 8th Street Trolley Station and was notified in Spring of 2024 of the intent to award along with 19 other projects in California.

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On March 19, 2024, the City Council adopted Resolution No. 2024-16 approving a railroad rightof-way license agreement and a right of entry permit with San Diego Metropolitan Transit System for the purpose of using a portion of the 8th Street Transit Center parking lot for the construction and use of a solar powered storage area for the FRANC shuttle operation.

The 8
th St. Mobility Hub for the FRANC NEV Shuttle Project, CIP No. 22-25, is for the construction of a storage facility to securely store and charge the FRANC shuttles, consisting of a fenced in area and electric vehicle chargers powered by solar panels, which will be constructed at the 8th Street Transit Center parking lot.

On April 3, 2024, bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On April 6 and 13, 2024, the bid solicitation was advertised in local newspapers.

On May 30, 2024, one (1) bid was received by the 1:00 p.m. deadline and Metrocell Construction, Inc. was the apparent lowest bidder with a total bid amount of $299,000.

Subsequent to the bid opening, MTS determined that the railroad right-of-way license agreement provided to the City was the wrong agreement template and, instead, a Construction and Maintenance Agreement (CMA) that includes a license and access rights was the appropriate agreement for the uses contemplated. Therefore, the previous railroad right-of way license and right of entry permit approved by the City Council on March 19, 2024 is not applicable and was not executed by MTS. Concurrently with this agenda report, the final CMA that will need to be executed with MTS is included as an item for consideration and approval on the November 19, 2024 City Council Agenda.

Since the low bidder, Metrocell Construction, Inc. was unwilling to maintain their bid until such time as a CMA could be executed between the City and MTS, the City could not proceed with awarding the contract for the 8
th St. Mobility Hub for the FRANC NEV Shuttle Project to Metrocell Construction, Inc.

After agreeing to terms with MTS on the CMA, staff re-advertised the project on PlanetBids on September 24, 2024, as well as in the local newspaper on September 28, 2024 and October 4, 2024. On October 17, 2024, three (3) bids were received by the 2:00 pm deadline and Metrocell Construction, Inc. was the apparent lowest bidder with a total bid amount of $386,125. Upon review of all documents submitted, Metrocell Construction, Inc.’s bid was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the project specifications.

Staff recommends awarding a contract to Metrocell Construction, Inc. in the not-to-exceed amount of $386,125 and authorizing a 15% contingency in the amount of $57,919 to address any unforeseen conditions that may arise.

Attached is the bid opening summary (Exhibit A) and a line-item summary of the three (3) lowest bidders (Exhibit B). Also attached is the Owner-Contractor Agreement (Exhibit C).

FINANCIAL STATEMENT:

Contract Award: $386,125
Expenditure Account No.: 296-10-18-18500-7598-6613296 (FRANC) 15% Contingency: $57,919
Expenditure Account No.: 296-10-18-18500-7598-6613296 (FRANC)

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RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Transportation Choices and Infrastructure
ENVIRONMENTAL REVIEW:

This is a project under CEQA subject to a Categorical Exemption – Class 1 Section 15311 Accessory Structures. A Notice of Exemption has been submitted to the State of California Department of Fish and Wildlife, and filed at the San Diego County Assessor/Recorder/County Clerk offices as required.

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 – Bid Opening Summary
Exhibit B – Summary of Bid Items
Exhibit C – Owner-Contractor Agreement
Exhibit D – Resolution

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Exhibit A

BID OPENING SUMMARY
NAME: 8th St. Mobility Hub for the FRANC NEV Shuttle
CIP NO: 22-25
DATE: October 17, 2024
TIME: 2:00 P.M.

ESTIMATE: $320,000
PROJECT ENGINEER: Dennis Davies, P.E.

NO. BIDDER’S NAME BID AMOUNT BID SECURITY
- BOND
1 Metrocell Construction, Inc.
1166 Mildred St.

Ontario CA, 91761
$386,125 Bond
2 Palm Engineering Construction Company, Inc.
7330 Opportunity Rd., Suite A
San Diego, CA 92111
$548,750 Bond
3 Fordyce Construction, Inc.
9932 Prospect Ave, #138
Santee, CA 92071
$796,631 Bond

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Exhibit B
Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Mobilization LS 1 $37,000.00 $37,000.00 $25,000.00 $25,000.00 $29,057.00 $29,057.002 Traffic and Pedistrian Control LS 1 $8,000.00 $8,000.00 $10,000.00 $10,000.00 $8,402.00 $8,402.003 Surveying and Construction Staking LS 1 $3,500.00 $3,500.00 $9,000.00 $9,000.00 $15,520.00 $15,520.004 Construction BMPs / Erosion Control LS 1 $3,000.00 $3,000.00 $6,000.00 $6,000.00 $4,668.00 $4,668.005 Construction Fencing LS 1 $1,000.00 $1,000.00 $3,500.00 $3,500.00 $5,601.00 $5,601.006 Demolition LS 1 $5,500.00 $5,500.00 $10,000.00 $10,000.00 $19,021.00 $19,021.007 PV-Shade Structure LS 1 $80,000.00 $80,000.00 $117,000.00 $117,000.00 $107,941.00 $107,941.008 High Security Steel Cage for NEVs LS 1 $24,000.00 $24,000.00 $37,000.00 $37,000.00 $162,417.00 $162,417.009 Site Furnishing & Sign Improvements LS 1 $4,500.00 $4,500.00 $15,000.00 $15,000.00 $3,968.00 $3,968.00 10 Power Source Connection w/trench Repair LS 1 $29,000.00 $29,000.00 $15,000.00 $15,000.00 $115,759.00 $115,759.0011 Concrete, Curb & Gutter Replacement / Repair SF 15 $35.00 $525.00 $150.00 $2,250.00 $350.00 $5,250.0012 Internal Improvements To The Cage Area LS 1 $21,000.00 $21,000.00 $25,000.00 $25,000.00 $10,852.00 $10,852.0013 Landscape & Irrigation Repair / Re-configuration LS 1 $16,000.00 $16,000.00 $6,000.00 $6,000.00 $8,869.00 $8,869.0014 Landscape Maintenance & Monitoring Period LS 1 $8,400.00 $8,400.00 $10,000.00 $10,000.00 $817.00 $817.0015 Drop-Off Location Improvements at Platform Area LS 1 $29,000.00 $29,000.00 $19,000.00 $19,000.00 $12,136.00 $12,136.0016 Solar Panel System (Panels & Wiring) LS 1 $55,000.00 $55,000.00 $50,000.00 $50,000.00 $103,565.00 $103,565.0017 Security Camera System (Camera & Wiring) LS 1 $1,600.00 $1,600.00 $5,000.00 $5,000.00 $8,402.00 $8,402.0018 Electrical Outlets, Stub-Out & Wiring LS 1 $17,000.00 $17,000.00 $70,000.00 $70,000.00 $8,869.00 $8,869.0019 Electrical Panels, Inverters and Disconnect Utility Equipment LS 1 $29,000.00 $29,000.00 $34,000.00 $34,000.00 $110,532.00 $110,532.00 20 NEV Lighting and Enclosure Grounding System LS 1 $2,800.00 $2,800.00 $35,000.00 $35,000.00 $16,512.00 $16,512.0021 Level 1 Chargers With 120 Volt, Conduits & Wiring LS 1 $7,800.00 $7,800.00 $40,000.00 $40,000.00 $33,222.00 $33,222.0022 MTS Right of Entry Permit LS 1 $2,500.00 $2,500.00 $5,000.00 $5,000.00 $5,251.00 $5,251.00 Subtotal $386,125.00 $548,750.00 $796,631.00Total $386,125.00 $548,750.00 $796,631.00Metrocell Construction, Inc. Palm Engineering Construction Company, Inc. Fordyce Construction, Inc.

SUMMARY OF BID ITEMS
NAME: 8th St. Mobility Hub for the FRANC NEV Shuttle CIP NO: 22-25 DATE: October 17, 2024 TIME: 2:00 P.M. ESTIMATE: $320,000 PROJECT ENGINEER: Dennis Davies, P.E.

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OWNER - CONTRACTOR AGREEMENT
8th Street Mobility Hub for the Franc NEV Shuttle
CIP NO. 22-25
This Owner-Contractor Agreement (“Agreement”) is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Metrocell Construction, Inc. (“Contractor”), 1166 Mildred St Ontario, CA 91761 on the 19th day of November, 2024, for the construction of the above referenced Project.

In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows:

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6. WORKERS' COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement."

9. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner.

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10. LICENSES AND PERMITS
Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

12. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

I have read and understood all of the provisions of this Section 15, above:
(Initial) (Initial)

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14. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

Owner: Contractor:

Metrocell Construction, Inc.

Ron Morrison, Mayor
City of National City
APPROVED AS TO FORM:
(Owner/Officer signature)
Print name and title
(Second officer signature if a corporation)
By:

Barry Schultz
City Attorney
Print name and title
Contractor’s City Business License No.

State Contractor’s License No. and Class
Business street address
City, State and Zip Code

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EXHIBIT A

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EXHIBIT B

CONTRACT PRICE
Bid for 8th Street Mobility Hub for the Franc NEV Shuttle CIP NO. 22-25
Item Description Unit Qty Unit Price Line Total
1 Mobilization LS 1 $37,000.00 $37,000.00
2 Traffic and Pedistrian Control LS 1 $8,000.00 $8,000.00 3 Surveying and Construction Staking LS 1 $3,500.00 $3,500.00 4 Construction BMPs / Erosion Control LS 1 $3,000.00 $3,000.00 5 Construction Fencing LS 1 $1,000.00 $1,000.00
6 Demolition LS 1 $5,500.00 $5,500.00
7 PV-Shade Structure LS 1 $80,000.00 $80,000.00
8 High Security Steel Cage for NEVs LS 1 $24,000.00 $24,000.00 9 Site Furnishing & Sign Improvements LS 1 $4,500.00 $4,500.00 10 Power Source Connection w/trench Repair LS 1 $29,000.00 $29,000.00 11 Concrete, Curb & Gutter Replacement / Repair SF 15 $35.00 $525.00 12 Internal Improvements To The Cage Area LS 1 $21,000.00 $21,000.00 13 Landscape & Irrigation Repair / Re-configuration LS 1 $16,000.00 $16,000.00 14 Landscape Maintenance & Monitoring Period LS 1 $8,400.00 $8,400.00 15 Drop-Off Location Improvements at Platform Area LS 1 $29,000.00 $29,000.00 16 Solar Panel System (Panels & Wiring) LS 1 $55,000.00 $55,000.00 17 Security Camera System (Camera & Wiring) LS 1 $1,600.00 $1,600.00 18 Electrical Outlets, Stub-Out & Wiring LS 1 $17,000.00 $17,000.00 19 Electrical Panels, Inverters and Disconnect Utility
Equipment LS 1 $29,000.00 $29,000.00
20 NEV Lighting and Enclosure Grounding System LS 1 $2,800.00 $2,800.00 21 Level 1 Chargers With 120 Volt, Conduits & Wiring LS 1 $7,800.00 $7,800.00 22 MTS Right of Entry Permit LS 1 $2,500.00 $2,500.00
Subtotal $386,125.00
Total $386,125.00

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CORPORATE CERTIFICATE
I, certify that I am the Secretary of the
Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the
Contractor, was then of said
Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

I, certify that I am the Secretary of the
Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the
Contractor, was then of said
Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

Corporate Seal:

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PERFORMANCE BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2024- _____, on the 19th day of November, 2024, has awarded Metrocell Construction, Inc., hereinafter designated as the "Principal", for the 8th STREET MOBILITY HUB FOR THE FRANC NEV SHUTTLE, CIP NO. 22-25.

WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

NOW, THEREFORE, we, the Principal and
___________________________________________ as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Three Hundred Eighty Six Thousand One Hundred Twenty Five ($386,125.00) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications.

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PERFORMANCE BOND

NOTE: Signature of those executing for
Surety must be properly
acknowledged.

NOTE: The Attorney-in-fact must attach a
certified copy of the Power of
Attorney.

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PAYMENT BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2023- _____, on the 19th day of November, 2024 has awarded Metrocell Construction, Inc., hereinafter designated as the "Principal”, for the 8th STREET MOBILITY HUB FOR THE FRANC NEV SHUTTLE, CIP NO. 22-25.

WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and __________________________________ as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Three Hundred Eighty Six Thousand One Hundred Twenty Five ($386,125.00) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

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IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the ________ day of _____________________, 20____. ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) Surety Principal

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NOTE: Signature of those executing for
Surety must be properly
acknowledged.

NOTE: The Attorney-in-fact must attach a
certified copy of the Power of
Attorney.

Signature:

Name (Type or Print):
(Notary Public in and for said County and State)
My Commission expires:

ATTACH ALL BONDS

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RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AWARDING A CONTRACT TO METROCELL CONSTRUCTION, INC. IN THE NOT-TOEXCEED 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.

WHEREAS, the Clean Mobility Options (“CMO”) Voucher Pilot Program is an initiative of the California Air Resources Board funded by the California Climate Investment Program; and WHEREAS, on August 3, 2021, the City Council adopted Resolution No. 2021-104 authorizing participation in the CMO Voucher Pilot Program from the California Air Resources Board for the Free Ride Around National City Neighborhood Electric Vehicle Shuttle Program (the “FRANC”); and
WHEREAS, on December 6, 2022, the City Council adopted Resolution No. 2022-196 appropriating $999,996 from the CMO Voucher Pilot Program for the FRANC; and WHEREAS, the FRANC is intended to provide first and last mile connections for the 8 th
Street trolley station, as well as connections to other origins and destinations in downtown and westside National City; and
WHEREAS, on June 20, 2023, the City Council adopted Resolution No. 2023-83 awarding an agreement to Circuit Transit, Inc. to provide the FRANC, as well as Resolution No. 2023-89 authorizing an appropriation in the amount of $400,000 for funding from the San Diego Unified Port District for the FRANC program; and
WHEREAS, in late 2023, the City of National City submitted a grant request for a mobility hub and program at the 8th Street trolley station and was notified in the spring of 2024 of the intent to award; and
WHEREAS, the 8
th St. Mobility Hub for the FRANC NEV Shuttle Project, CIP No. 22-25 (the “Project”), is for the construction of a storage facility to securely store and charge the FRANC shuttles, consisting of a fenced-in area and electric vehicle chargers powered by solar panels, which will be constructed at the 8th Street Transit Center parking lot; and WHEREAS, on November 19, 2024, the City Council approved a Construction and Maintenance Agreement with the Metropolitan Transit System (“MTS”) for use of a portion of the 8 th Street Transit Center property for the 8th St. Mobility Hub, replacing and superseding a previously-approved license agreement with MTS for the same purposes; and WHEREAS, on September 24, 2024, the bid solicitation for the Project was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on September 28th and October 4th, 2024, the bid solicitation was advertised in the local newspaper; and

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WHEREAS, on October 17, 2024, three (3) bids were received by the 2:00 pm deadline; and
WHEREAS, upon review of all documents submitted, Metrocell Construction, Inc.’s bid in the total bid amount of $386,125 was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the Project specifications; and WHEREAS, City staff recommends 1) awarding a contract to Metrocell Construction, Inc. in the not-to-exceed amount of $386,125 for the 8
th 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.

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 contract with Metrocell Construction, Inc. in the not-to-exceed amount of $386,125 for the 8 th St. Mobility
Hub for the FRANC NEV Shuttle project, CIP No. 22-25.

Section 2: That the City Council hereby authorizes a 15% contingency in the amount of $57,919 for any unforeseen changes.

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 19th day of November, 2024.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT
Department: Housing Authority
Prepared by: Greg Rose, Property Agent
Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Eighteenth Amendment to an Option to Purchase Agreement with the County of San Diego for the Purchase of an Open Space Easement. (Parking Authority) .

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.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On March 20, 2007, the Parking Authority of the City of National City (“Parking Authority” and “Optionee”) entered into an Option to Purchase Agreement (“Option Agreement”) with the County of San Diego to purchase an open-space easement attached to the 15.08-acre parcel of land located at the southwest corner of Sweetwater Road and Bonita Center Road (Parcel No. 564- 471-11) to develop a commercial project.

The Option Agreement has been subsequently amended in 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020 each extending the term of the option Agreement for one year. In 2021 the option was extended for two years and was set to expire on December 31, 2023. The Seventeenth Amendment, dated December 18, 2023, extended the term of the Option Agreement for 30 days and the deadline to close escrow for 6 months after the opening of escrow.

On January 30, 2024, Parking Authority timely exercised its option under the Option Agreement and opened escrow on April 24, 2024, but was unable to meet the conditions for closing escrow.

The Eighteenth Amendment would require escrow to close withing twelve (12) months of the Opening of Escrow.

FINANCIAL STATEMENT:

CarMax will pay the City $2,100,000 for approximately 7.19 acres of the 15.08 acres owned by the Parking Authority. The City will immediately pay the County of San Diego the $2,100,000 to purchase the open space easement on the 15.08-acre parcel, allowing CarMax to construct their facility. A Fiscal and Economic Analysis conducted in 2016 found that the CarMax Superstore could generate from $886,000 to $1,342,000 per year in sales tax revenue.

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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
EXHIBITS:

Exhibit A - Eighteenth Amendment to Option Agreement
Exhibit B - Resolution

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RESOLUTION NO. 2024 –

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.

WHEREAS, on March 20, 2007, the Parking Authority of the City of National City (“Parking Authority”) entered into an Option to Purchase Agreement (“Option Agreement”) with the County of San Diego to purchase an open-space easement attached to the 15.08-acre parcel of land located at the southwest corner of Sweetwater Road and Bonita Center Road (Parcel No. 564- 471-11) to develop a commercial project; and
WHEREAS, the Option Agreement has been subsequently amended seventeen times, with fourteen amendments extending the term of the Option Agreement for one year, one amendment changing the purchase price, one amendment extending the Option Agreement for two years, and the most recent amendment extending the term of the Option Agreement for thirty days and extending the deadline for close of escrow for six months after the opening of escrow, among other amendments; and
WHEREAS, the Eighteenth Amendment to the Option Agreement extends the deadline for close of escrow for six additional months, for a total of twelve months after the opening of escrow, to allow CarMax time to prepare and record a Final Parcel Map.

NOW, THEREFORE, THE PARKING AUTHORITY OF THE CITY OF NATIONAL

CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: The Parking Authority of the City of National City authorizes and ratifies the Eighteenth Amendment to the Option to Purchase Agreement by and between the Parking Authority of the City of National City and the County of San Diego to extend the deadline for close of escrow for twelve months from the opening of escrow.

Section 2: The Secretary shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 19th day of November 2024.

Ron Morrison, Chairman
ATTEST:

Benjamin A. Martinez, Secretary
APPROVED AS TO FORM:

Barry J. Schultz, Legal Counsel

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AGENDA REPORT
Department: Housing Authority
Prepared by: Greg Rose, Property Agent
Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Eleventh Amendment to an Option to Purchase Agreement with CarMax. (Parking Authority) 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.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The Parking Authority of the City of National City (“Parking Authority” or “Authority”) owns a 15.08- acre parcel located at the southwest corner of Sweetwater Road and Plaza Bonita Center Way (“Property”). The Authority entered into an Option to Purchase Agreement (“Original Agreement”) with CarMax Auto Superstores California, LLC, (“CarMax”) on August 18, 2015. CarMax intends to use approximately 7.19 acres of the Property to develop a CarMax Superstore and conduct onsite environmental mitigation and required infrastructure on the Parcel’s remaining 7.89 acres.

CarMax is currently working to process and record a Final Parcel Map to create a legal parcel capable of being conveyed by the Authority to CarMax at Closing (“CarMax Property”), based upon the approved Tentative Parcel Map. The Eleventh Amendment (“Amendment“) would provide six additional months from October 22, 2024 to record the final map and for the Close of Escrow on the CarMax Property to occur two days after recording the Final Parcel Map.

The Eleventh Amendment also gives CarMax a 21-day termination period which gives CarMax the right to cancel escrow by November 14, 2024. However, the Parking Authority received a letter from CarMax’s legal counsel on November 4, 2024 waiving their right to cancel under the Amendment, attached as Exhibit “B.”
FINANCIAL STATEMENT:

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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 – Eleventh Amendment
Exhibit B – Letter Waiving Cancellation
Exhibit C – Resolution

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ELEVENTH AMENDMENT
TO

OPTION AGREEMENT
This ELEVENTH AMENDMENT TO OPTION AGREEMENT (this “Amendment”) is entered into as of October 22, 2024 (the “Effective Date”), by and between THE PARKING AUTHORITY OF THE CITY OF NATIONAL CITY, a public body corporate and politic (the “Authority”) and CARMAX AUTO SUPERSTORES, INC., a Virginia corporation (the “Optionee”).

RECITALS
A. The Authority and Optionee or Optionee’s predecessor-in-interest, as applicable, are parties to that certain Option Agreement (CarMax, National City, California) dated as of August 18, 2015, as amended by that certain First Amendment to Option Agreement dated as of May 3, 2016, that certain Second Amendment to Option Agreement dated as of August 26, 2016, that certain Third Amendment to Option Agreement dated as of January 26, 2017, that certain Fourth Amendment to Option Agreement dated as of September 5, 2017, that certain Fifth Amendment to Option Agreement dated as of December 6, 2018, that certain Sixth Amendment to Option Agreement dated as of February 19, 2019, that certain Seventh Amendment to Option Agreement dated as of November 19, 2019, that certain Eighth Amendment to Option Agreement dated as of December 1, 2020, that certain Ninth Amendment to Option Agreement dated as of December 7, 2021, and that certain Tenth Amendment to Option Agreement dated as of December 31, 2023 (collectively, the “Original Agreement”), relating to certain real property in National City, California (the “Property”).

B. Optionee has been in the process of obtaining all necessary Permits and Approvals for its intended use, and has obtained a City-approved Tentative Parcel Map, in anticipation of processing and recording the Final Parcel Map (defined below).

C. The parties desire to amend the Original Agreement as hereinafter provided.

D. Capitalized terms not otherwise defined in this Amendment shall have the meanings set forth in the Original Agreement. The Original Agreement, as modified by this Amendment, shall be referred to herein as the “Agreement.” NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:

1. Deposit of Purchase Price. The parties acknowledge that Optionee has deposited the balance of the Purchase Price (as defined in Section 6(a) of the Agreement, as subsequently amended), in the total amount of $2.1 Million ($2,100,000), into Escrow as set forth in Section 6(b)(1) (the “Purchase Price Deposit”). Notwithstanding anything in the Agreement to the contrary, within twenty-one (21) days following the Effective Date, Optionee shall have the sole and absolute right to elect to terminate this Agreement upon written notice given to the Authority prior to the expiration of such 21-day period (the “Termination Notice”). If Optionee timely provides the Termination Notice to the Authority, then this Agreement shall terminate and the

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Purchase Price Deposit will be immediately returned to Optionee. If Optionee does not timely provide the Termination Notice to the Authority, then this Agreement shall remain in full force and effect.

2. Recording Final Parcel Map. Section 8(a) of the Original Agreement is hereby amended by deleting the first sentence thereof and inserting the following in lieu thereof:
“Optionee shall have until six (6) months following the Effective Date of the Eleventh Amendment to process and record a Final Parcel Map (the “Final Parcel Map”) creating the Property (identified as Proposed Parcel 1 on the Exhibit A attached hereto, comprised of approximately 7.19 acres) as a legal parcel capable of being conveyed by the Authority to Optionee at Closing, based upon the approved Tentative Parcel Map.”

3. Closing Date. Section 10 of the Original Agreement is hereby amended by deleting the first two (2) sentences thereof and inserting the following in lieu thereof: “Closing shall occur two (2) days following the recordation of the Final Parcel Map.”

4. General. Except as expressly amended hereby, the terms and conditions of the Original Agreement shall remain unmodified and in full force and effect. This Amendment may be executed in counterparts, all of which evidence only one agreement, binding on all parties, even though they are not signatories to the same counterpart. If any term, covenant or condition of this Amendment or its application to any person or circumstances shall be held to be invalid or unenforceable, the remainder of this Amendment and the application of such term or provision to other persons or circumstances shall not be affected, and each term hereof shall be valid and enforceable to the fullest extent permitted by law. The terms of this Amendment are binding upon and shall inure to the benefit of the parties and their respective legal representatives, successors and permitted assigns. This Amendment shall be governed by the laws of the State of California.

Signatures continued on following page

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NATIONAL CITY, CALIFORNIA
JUNE 7, 2023
A
B
C Exhibit "A" Depiction of Property

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RESOLUTION NO. 2024-

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.

WHEREAS, the Parking Authority of the City of National City ("Authority") owns a 15.08- acre parcel located at the southwest corner of Sweetwater Road and Plaza Bonita Center Way ("Property''); and
WHEREAS, the Authority entered into an Option to Purchase Agreement ("Original Agreement") with CarMax Auto Superstores California, LLC ("CarMax") on August 18, 2015; and WHEREAS, CarMax intends to use part of the Property to build a CarMax Superstore ("Project"), which also provided for on-site mitigation; and WHEREAS, the total purchase price in the Original Agreement was not to be less than $3,500,000 for 9.5 acres; and
WHEREAS, on May 3, 2016, the Authority adopted Resolution No. 2016-1 entering into a First Amendment to the Option Agreement to extend the Feasibility Period, and WHEREAS, the Second Amendment to the Option Agreement was approved and executed in August 2016, to extend the Feasibility Period; and WHEREAS, on December 6, 2016, the Authority adopted Resolution No. 2016-3 approving the Third Amendment to the Option Agreement, amending the total purchase price to $1,500,000 for 7.7 acres, or $4.40 per square foot, contingent on a reduction of the sales price for the County of San Diego Open Space Easement, and allowing the size and dimension of the Property to be determined by CarMax based upon the total size needed for the CarMax Project; and
WHEREAS, on September 5, 2017, the Authority adopted Resolution No. 2017-2 approving the Fourth Amendment to the Option Agreement, which reduced the sales price to $1,500,000 for 7.63 acres, giving CarMax until September 14, 2018 to obtain all necessary permits, approvals, and the tentative parcel map (the “Permitting Period”), and CarMax would have the right to extend the Permitting Period by up to three (3) successive one (1) month periods, upon prior written notice to the Authority; and
WHEREAS, on December 6, 2018, the City Manager executed the Fifth Amendment, as authorized by the Fourth Amendment, to extend the Permitting Period to February 25, 2019; and WHEREAS, on February 19, 2019, the City Manager executed a Sixth Amendment to the Option Agreement to extend the Permitting Period from February 25, 2019 to December 4, 2019, with the close of escrow occurring two (2) weeks after the expiration of the Permitting Period, or December 28, 2019; and

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WHEREAS, on November 19, 2019, the City Manager executed a Seventh Amendment to extend the Permitting Period from December 4, 2019 to December 31, 2020, with the close of escrow occurring two (2) weeks after the expiration of the Permitting Period, or January 14, 2021; and
WHEREAS, on December 1, 2020, the Authority adopted Resolution No. 2020 - 2 approving the Eighth Amendment to the Option Agreement, which amended the total purchase price to $2,100,000 for 7.19 acres, amended the definition of "Property" to delete entirely the definition of "Residual Parcel” and extended the permitting period from December 31, 2020 until December 31, 2021, giving CarMax time to obtain all necessary permits and approvals; and WHEREAS, on December 7, 2021, the Authority adopted Resolution No. 2021- 3 approving the Ninth Amendment to the Option Agreement, which extended the permitting period from December 31, 2021 to December 31, 2023; and
WHEREAS, on January 16, 2024, the Authority adopted Resolution No. 2024-1 approving the Tenth Amendment to the Option Agreement, which extended the option period for 30 days from December 31, 2023, required the deposit of the full purchase price into escrow within 90 days of written notice of exercise of the option, and extended the permitting period for six months from depositing the purchase price into escrow; and
WHEREAS, the Eleventh Amendment to Option Agreement amends the Original Agreement by providing six (6) months from October 22, 2024 in order to process and record a Final Parcel Map and requiring escrow to close two (2) days after recording the Final Parcel Map.

NOW, THEREFORE, THE PARKING AUTHORITY OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: The Parking Authority of the City of National City authorizes and ratifies the Eleventh Amendment to the Option to Purchase Agreement between the Parking Authority and CarMax Auto Superstores California, LLC, providing six months to process and record a Final Parcel Map and requiring escrow to close two days after recording the Final Parcel Map.

Section 2: The Secretary shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 19th day of November 2024.

Ron Morrison, Chairman
ATTEST:

Benjamin A. Martinez, Secretary
APPROVED AS TO FORM:

Barry J. Schultz, Legal Counsel

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AGENDA REPORT
Department: Finance
Prepared by: Sean Pfeifer, Management Analyst
Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

FY 2023-24 Development Impact Fees Annual Report
RECOMMENDATION:

Accept and File the Report.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The City of National City requires the payment of development impact fees on new development as authorized by State of California Government Code Section 66000 et seq., which is known as the Mitigation Fee Act. The Mitigation Fee Act requires that an annual report and five-year reports be prepared regarding the collection and use of the Development Impact Fees (DIF fees). Fees collected must be spent in a timely manner. If fees are not spent within a period of 5 years, the report must provide an expenditure plan that justifies keeping the revenues for a longer period.

The attached report provides revenue and expenditure information since the inception of the DIFs, fulfills the annual reporting requirements, and addresses future spending plans for the unspent balances.

The development impact fees for Parks and Recreation, Police, Fire, and Library were established in 2005 and have not been updated since that time. The transportation fees were established in 2008 based on a fee study conducted by the San Diego Association of Governments (SANDAG) and have been adjusted annually for inflation based on direction from SANDAG. A consultant has been engaged to assist in reexamining these impact fees to ensure that they continue to reflect the impacts of new development on public facilities as the general plan evolves and the development of the City progresses. Recommendations to adjust the development impact fees will be brought to City Council during calendar year 2025.

FINANCIAL STATEMENT:

Since inception, the City has collected approximately $4.3 million in development impact fees for Parks, Police, Fire and Library facilities and approximately $3.7 million in transportation development impact fees. See the attached report for details.

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.

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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 – Development Impact Fees Annual Report for Fiscal Year 2023-24

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City of National City
Development Impact Fees
Annual Report for Fiscal Year 2023-24

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Development Impact Fees FY 2023-24
City of National City
2 BACKGROUND
In 2005, based on a study completed for the City by MAXIMUS, Inc. and Tischler & Associates, the City Council adopted Resolution No. 2005-17, which established fees to be charged on new development in order to defray all or a portion of the cost of public facilities related to the development project. These fees are known as development impact fees (DIFs) and are permitted pursuant to the California Government Code beginning with Section 66000 (known as the Mitigation Fee Act). Pursuant to that resolution, the City collects impact fees for Police, Fire, Library, and Park facilities. While fees may be adjusted periodically to reflect construction cost increases, the City has not changed its fees since they were first adopted in 2005. The fees for these four categories are as shown in Table A below. In 2024 the City entered into an agreement with David Taussig and Associates to perform a study to recommend updates to the City’s DIF rates, with completion of the study expected during Fiscal Year 2024-25.

In 2008, the City Council adopted Ordinance 2310, which added Section 4.52 to the National City Municipal Code (NCMC) to establish a transportation development impact fee (TDIF). This fee was adopted to comply with the San Diego Association of Government’s (SANDAG’s) Regional Transportation Congestion Improvement Program (RTCIP) that requires the City to charge the fee to maintain eligibility for TransNet sales tax funding for transportation projects. SANDAG conducted a region-wide study which serves as the basis for the fee that was initially established at $2,000 per new residential unit. It is updated annually in accordance with direction provided by SANDAG. As of July 1, 2024, the TDIF is $2,741.97 per residential unit. No fee is collected for non-residential development. While such a fee is provided for in the NCMC, its imposition has been suspended per section 4.52.090.

TABLE A: DEVELOPMENT IMPACT FEE SCHEDULE (non-transportation) Facility Type
Parks &
Recreation Library Fire/EMS Police Total
Residential Per Housing Unit
Single Family $858 $172 $126 $318 $1,474
Multi-Family (4 or greater) $692 $139 $102 $257 $1,190
Mobile Home/Other $849 $139 $124 $315 $1,427
Non-Residential Per 1,000 Square Feet/Per Room for Hotel Com/Shop Ctr 25,000 SF or less $1,009 $2,549 $3,558
Com/Shop Ctr 25,001 SF - 50,000 SF $809 $2,043 $2,852
Com/Shop Ctr 50,001 SF - 100,000 SF $652 $1,649 $2,301
Com/Shop Ctr 100,001 SF - 200,000 SF $530 $1,340 $1,870 General Office 10,000 SF or less $448 $1,133 $1,581
General Office 10,001 SF - 25,000 SF $400 $1,012 $1,412 General Office 25,001 SF - 50,000 SF $367 $929 $1,296
General Office 50,001 SF - 100,000 SF $332 $840 $1,172
Business Park $282 $713 $995
Industrial Park $195 $493 $688
Warehousing $113 $286 $399
Manufacturing $144 $366 $510
Lodging $107 $270 $377

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Development Impact Fees FY 2023-24
City of National City
3 REPORTING
Government Code Section 66006 requires that an annual report be prepared regarding the collection and use of the fees. Fees collected must be spent in a timely manner. If fees are not spent within a period of 5 years, a report must be filed that provides an expenditure plan that justifies keeping revenues for a longer period.

HISTORICAL SUMMARY
Over the last twenty years, for the four facility types shown in Table A, the City has collected a combined total of $4,268,379.76 in development impact fees of which $2,980,774.52 has been spent. A summary of the total amount collected and spent by fiscal year is shown in Table B below followed by a graph (see Figure 1) that summarizes the revenues and expenditures by facility type. Tables C through F below break out the revenues and expenditures by year for those four facility types. The revenues and expenditures by year for the TDIF are shown in Table G below.

Ending balances for fiscal year 2023-24 are unaudited.

TABLE B: NATIONAL CITY DEVELOPMENT IMPACT FEES (non-transportation) –

SUMMARY
Beginning
Balance Revenue Expenditures Ending Balance
%
Spent
FY 2004-05 0.00 174,369.00 0.00 174,369.00
FY 2005-06 174,369.00 154,490.36 0.00 328,859.36
FY 2006-07 328,859.36 190,084.36 191,033.99 327,909.73
FY 2007-08 327,909.73 148,834.00 0.00 476,743.73
FY 2008-09 476,743.73 139,018.00 0.00 615,761.73
FY 2009-10 615,761.73 633,499.80 90,000.00 1,159,261.53 FY 2010-11 1,159,261.53 59,712.20 0.00 1,218,973.73
FY 2011-12 1,218,973.73 141,374.00 139,299.05 1,221,048.68 FY 2012-13 1,221,048.68 94,827.00 193,406.38 1,122,469.30 FY 2013-14 1,122,469.30 56,444.00 39,759.95 1,139,153.35 FY 2014-15 1,139,153.35 310,408.00 7,386.00 1,442,175.35 FY 2015-16 1,442,175.35 52,457.20 1,105,060.00 389,572.55 FY 2016-17 389,572.55 188,141.00 238,174.81 339,538.74
FY 2017-18 339,538.74 426,242.80 294,289.04 471,492.50
FY 2018-19 471,492.50 85,196.00 54,223.00 502,465.50
FY 2019-20 502,465.50 617,415.00 198,247.00 921,633.50
FY 2020-21 921,633.50 130,566.00 0.00 1,052,199.50
FY 2021-22 1,052,199.50 311,414.99 0.00 1,363,614.49
FY 2022-23 1,363,614.49 147,585.01 0.00 1,511,199.50
FY 2023-24 1,511,199.50 206,301.04 429,865.30 1,287,635.24 Total 4,268,379.76 2,980,744.52 1,287,635.24 69.8%

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Development Impact Fees FY 2023-24
City of National City
4 FEE METHODOLOGY
There are three (3) methods that were used to determine the fees collected by the City for the Police, Fire, Parks and Library facilities. Each method requires that the spending of funds received be restricted as follows:
1) Plan Based Impact Fees – used for new facilities that will be needed due to the increase in development.
2) Cost Recovery Impact Fees – used to pay for existing facilities where the new development benefits from the remaining capacity and useful life of the facilities. 3) Incremental Expansion Impact Fees – used for expanding existing facilities to serve new development
Fees for Police, Fire, Library, and Parks facilities were calculated using one or more of the methods above depending upon the purpose of the fees.

STATUS OF THE FEE PROGRAM
This section, by facility type, describes the purpose for the fees, provides a history of revenues and expenditures since inception, describes how the money has been spent, and discusses the plans for future spending.

POLICE IMPACT FEES
All three (3) methods were used to calculate Police impact fees. The purpose for the fees as determined in 2005 was to accumulate funding to assist with the cost of a new police substation in conjunction with a new fire station, recover a portion of the costs associated with the police headquarters building and pay for the incremental addition of police vehicles. Revenue and expenditures are detailed below:

Total Revenue
Total Expenditures
$-
$500,000
$1,000,000
$1,500,000
$2,000,000

POLICE FIRE PARKS LIBRARY
Total Revenue $1,361,397 $560,736 $1,910,626 $435,620
Total Expenditures $1,127,008 $285,292 $1,358,444 $210,000 FIGURE 1
Impact Fees by Type FY2005 - FY2024

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Development Impact Fees FY 2023-24
City of National City
5 TABLE C: NATIONAL CITY POLICE DEVELOPMENT IMPACT FEES POLICE Beginning
Balance Revenue Expenditures Ending Balance
%
Spent
FY 2004-05 0.00 37,620.75 0.00 37,620.75 100%
FY 2005-06 37,620.75 35,110.86 0.00 72,731.61 100%
FY 2006-07 72,731.61 90,523.08 0.00 163,254.69 100%
FY 2007-08 163,254.69 64,753.00 0.00 228,007.69 100%
FY 2008-09 228,007.69 60,274.00 0.00 288,281.69 100%
FY 2009-10 288,281.69 179,919.00 0.00 468,200.69 100%
FY 2010-11 468,200.69 25,025.00 0.00 493,225.69 100%
FY 2011-12 493,225.69 49,968.00 115,842.78 427,350.91 100% FY 2012-13 427,350.91 30,743.00 99,433.87 358,660.04 100% FY 2013-14 358,660.04 30,080.00 19,261.68 369,478.36 100% FY 2014-15 369,478.36 76,931.00 3,086.09 443,323.27 100% FY 2015-16 443,323.27 33,240.20 407,043.05 69,520.42 100% FY 2016-17 69,520.42 70,196.00 1,146.95 138,569.47 100% FY 2017-18 138,569.47 162,282.80 282,946.90 17,905.37 100% FY 2018-19 17,905.37 25,979.00 0.00 43,884.37 100%
FY 2019-20 43,884.37 191,468.00 198,247.00 37,105.37 81% FY 2020-21 37,105.37 36,899.00 0.00 74,004.37 0.0%
FY 2021-22 74,004.37 82,252.27 0.00 156,256.64 0.0%
FY 2022-23 156,256.64 32,490.20 0.00 188,746.83 0.0%
FY 2023-24 188,746.83 45,642.31 0.00 234,389.15 0.0%
Total 1,361,397.47 1,127,008.32 234,389.15 82.8%
Revenue received from police impact fees since fiscal year 2004-05 totals $1,361,397, of which $1,127,008 has been spent. The current balance in the account is $234,389, all of which comes from fees collected within the last five fiscal years. The funds have been used to make improvements to the Police Department headquarters building and parking structure and to purchase certain vehicular equipment. The new substation has been on hold. The expectation in 2005 was that bonds would be issued by the City to build a new combination fire station and police substation, but a subsequent downturn in economic conditions dictated that those plans be delayed. Instead, the focus has been on improvements to the Police Department headquarters building and parking structure and the purchase of police vehicles to meet increased service demands. The City will continue to apply the revenues received in this account to similar purposes. The balance in the account will be factored into the development of the new Police Development Impact Fee.

FIRE IMPACT FEES
The plan based and cost recovery methods were used to calculate Fire impact fees. The purpose of the fees was to assist with the funding of the relocation and expansion of Station 34, assist with the cost of a future new fire station and associated apparatus, and because of its citywide benefit, recover a portion of the capital costs related to Station 31. Revenue and expenditure details follow:

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Development Impact Fees FY 2023-24
City of National City
6 TABLE D: NATIONAL CITY FIRE DEVELOPMENT IMPACT FEES
FIRE Beginning
Balance Revenue Expenditures Ending Balance
%
Spent
FY 2004-05 0.00 14,933.75 0.00 14,933.75 100%
FY 2005-06 14,933.75 13,906.50 0.00 28,840.25 100%
FY 2006-07 28,840.25 35,910.28 0.00 64,750.53 100%
FY 2007-08 64,750.53 25,663.00 0.00 90,413.53 100%
FY 2008-09 90,413.53 23,867.00 0.00 114,280.53 100%
FY 2009-10 114,280.53 71,297.00 90,000.00 95,577.53 100% FY 2010-11 95,577.53 13,464.00 0.00 109,041.53 100%
FY 2011-12 109,041.53 19,085.00 15,620.02 112,506.51 100% FY 2012-13 112,506.51 23,271.00 89,678.76 46,098.75 100% FY 2013-14 46,098.75 11,909.00 0.00 58,007.75 100%
FY 2014-15 58,007.75 30,514.00 0.00 88,521.75 100%
FY 2015-16 88,521.75 13,037.00 29,561.73 71,997.02 11%
FY 2016-17 71,997.02 27,806.00 6,208.27 93,594.75 0.0%
FY 2017-18 93,594.75 63,724.00 0.00 157,318.75 0.0%
FY 2018-19 157,318.75 10,293.00 54,223.00 113,388.75 0.0% FY 2019-20 113,388.75 76,997.00 0.00 190,385.75 0.0%
FY 2020-21 190,385.75 14,628.00 0.00 205,013.75 0.0%
FY 2021-22 205,013.75 33,046.73 0.00 238,060.48 0.0%
FY 2022-23 238,060.48 15,204.46 0.00 253,264.94 0.0%
FY 2023-24 253,264.94 22,179.62 0.00 275,444.56 0.0%
Total 560,736.34 285,291.78 275,444.56 50.9%
Revenue received from fire impact fees since fiscal year 2004-05 totals $560,736, of which $285,292 has been spent on items including a fire hydrant, fire apparatus, and the acquisition of a modular facility for the Station 33 Squad Program that was set up in El Toyon Park to provide faster response times in the north-eastern portion of the City. The current balance in the account is $275,445, of which $162,056 is from fees paid over the last five fiscal years and $113,389 from the four years prior. The plans for a new fire station as envisioned in 2005 have not materialized.

The expectation then was that bonds would be issued by the City to build a new combination fire station and police substation, but those plans were put on hold as described above. Between fiscal years 2022-23 and 2023-24, the City’s budget allocated $200,000 in Fire DIF funds towards the design of a new multi-purpose facility and fire station in El Toyon Park. Accumulated and future revenues will provide a small portion of the funding for this future facility. The balance in the account will be factored into the development of the new Fire Development Impact Fee.

PARKS IMPACT FEES
The incremental expansion method was used to calculate Park impact fees. The purpose of the fees was to pay for new improvements in existing parks and the expansion of existing recreation centers to provide additional capacity to accommodate new development. The funds cannot be used for replacement or maintenance of equipment or facilities. Revenue and expenditure details follow:

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Development Impact Fees FY 2023-24
City of National City
7 TABLE E: NATIONAL CITY PARKS DEVELOPMENT IMPACT FEES

PARKS Beginning
Balance Revenue Expenditures Ending Balance
%
Spent
FY 2004-05 0.00 101,454.75 0.00 101,454.75 100%
FY 2005-06 101,454.75 87,864.00 0.00 189,318.75 100%
FY 2006-07 189,318.75 24,302.00 191,033.99 22,586.76 100% FY 2007-08 22,586.76 48,658.00 0.00 71,244.76 100%
FY 2008-09 71,244.76 45,714.00 0.00 116,958.76 100%
FY 2009-10 116,958.76 317,848.80 0.00 434,807.56 100%
FY 2010-11 434,807.56 6,363.20 0.00 441,170.76 100%
FY 2011-12 441,170.76 60,230.00 7,836.25 493,564.51 100% FY 2012-13 493,564.51 33,990.00 4,293.75 523,260.76 100% FY 2013-14 523,260.76 12,040.00 20,498.27 514,802.49 100% FY 2014-15 514,802.49 169,014.00 4,299.91 679,516.58 100% FY 2015-16 679,516.58 5,148.00 458,455.22 226,209.36 100% FY 2016-17 226,209.36 73,102.00 230,819.59 68,491.77 100% FY 2017-18 68,491.77 166,744.00 11,342.14 223,893.63 100% FY 2018-19 223,893.63 40,744.00 0.00 264,637.63 100%
FY 2019-20 264,637.63 290,584.00 0.00 555,221.63 57%
FY 2020-21 555,221.63 65,822.00 0.00 621,043.63 0%
FY 2021-22 621,043.63 163,259.15 0.00 784,302.78 0%
FY 2022-23 784,302.78 82,880.36 0.00 867,183.14 0%
FY 2023-24 867,183.14 114,863.62 429,865.30 552,181.47 0% Total 1,910,625.88 1,358,444.42 552,181.47 71.1%
Since 2005 revenue received from park impact fees totals $1,910,626 of which $1,358,444 has been spent on improvements in El Toyon and Kimball parks. The current balance in the account is $552,181, all of which was received during the last five fiscal years. The City expects to encumber the remaining account balance on Las Palmas Park Improvements during the first half of Fiscal Year 2024-25.

LIBRARY IMPACT FEES
The plan-based method was used to calculate Library impact fees. The purpose of the fees was to cover a portion of the costs of the planned construction of a replacement library that was to be twice the size of the then existing library. Outside sources paid for 65% of the construction costs, leaving the City to cover the remaining share for which the City issued general obligation bonds in the amount of $5,970,000. Revenue and expenditure details are as follows:

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Development Impact Fees FY 2023-24
City of National City
8 TABLE F: NATIONAL CITY LIBRARY DEVELOPMENT IMPACT FEES LIBRARY Beginning
Balance Revenue Expenditures Ending Balance
%
Spent
FY 2004-05 0.00 20,359.75 0.00 20,359.75 100%
FY 2005-06 20,359.75 17,609.00 0.00 37,968.75 100%
FY 2006-07 37,968.75 39,349.00 0.00 77,317.75 100%
FY 2007-08 77,317.75 9,760.00 0.00 87,077.75 100%
FY 2008-09 87,077.75 9,163.00 0.00 96,240.75 100%
FY 2009-10 96,240.75 64,435.00 0.00 160,675.75 100%
FY 2010-11 160,675.75 14,860.00 0.00 175,535.75 100%
FY 2011-12 175,535.75 12,091.00 0.00 187,626.75 100%
FY 2012-13 187,626.75 6,823.00 0.00 194,449.75 100%
FY 2013-14 194,449.75 2,415.00 0.00 196,864.75 100%
FY 2014-15 196,864.75 33,949.00 0.00 230,813.75 38.7%
FY 2015-16 230,813.75 1,032.00 210,000.00 21,845.75 0.0% FY 2016-17 21,845.75 17,037.00 0.00 38,882.75 0.0%
FY 2017-18 38,882.75 33,492.00 0.00 72,374.75 0.0%
FY 2018-19 72,374.75 8,180.00 0.00 80,554.75 0.0%
FY 2019-20 80,554.75 58,366.00 0.00 138,920.75 0.0%
FY 2020-21 138,920.75 13,217.00 0.00 152,137.75 0.0%
FY 2021-22 152,137.75 32,856.84 0.00 184,994.59 0.0%
FY 2022-23 184,994.59 17,009.99 0.00 202,004.59 0.0%
FY 2023-24 202,004.59 23,615.48 0.00 225,620.07 0.0%
Total 435,620.07 210,000.00 225,620.07 48.2%
Revenue received since inception from library impact fees totals $435,620 of which $210,000 has been spent on a portion of the costs to upgrade the National City Library. The current balance in the account is $225,620, of which $145,065 was received during the last five years and $80,554 over the five prior years. The upgrades included a new radio-frequency identification book delivery system, additional bookshelves and other enhancements. The City is evaluating projects that will enhance the Library’s ability to accommodate a growing number of users over the next five to ten years. The balance in the account will be factored into the development of the new Library Development Impact Fee.

TRANSPORTATION IMPACT FEES
The purpose of the transportation impact fee is to defray the costs of constructing planned transportation facilities to accommodate increased traffic generated by future development and on improvements that expand capacity on the Regional Arterial System (RAS) as required by the TransNet Regional Transportation Congestion Improvement Program (RTCIP). Eligible projects include such things as road widening, roadway extensions, turning lanes, traffic signal coordination, freeway to arterial interchange improvements, railroad grade separations, and expanded regional express bus and rail transit service.

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Development Impact Fees FY 2023-24
City of National City
9 TABLE G: NATIONAL CITY TRANSPORTATION DEVELOPMENT IMPACT FEES Transportation Beginning
Balance Revenue Expenditures Ending Balance
%
Spent
FY 2008-09 0.00 16,000.00 0.00 16,000.00 100%
FY 2009-10 16,000.00 359,560.00 0.00 375,560.00 100%
FY 2010-11 375,560.00 42,967.78 0.00 418,527.78 100%
FY 2011-12 418,527.78 155,777.41 0.00 574,305.19 100%
FY 2012-13 574,305.19 106,152.06 0.00 680,457.25 100%
FY 2013-14 680,457.25 38,766.64 0.00 719,223.89 100%
FY 2014-15 719,223.89 353,481.76 13,278.79 1,059,426.86 100% FY 2015-16 1,059,426.86 12,960.14 722,319.26 350,067.74 100% FY 2016-17 350,067.74 28,145.36 277,680.74 100,532.36 100% FY 2017-18 100,532.36 498,675.62 115,000.00 484,207.98 38% FY 2018-19 484,207.98 154,616.42 101,194.84 537,629.56 0.0% FY 2019-20 537,629.56 1,078,973.70 0.00 1,616,603.26 0.0% FY 2020-21 1,616,603.26 155,409.86 0.00 1,772,013.12 0.0% FY 2021-22 1,772,013.12 240,385.55 0.00 2,012,398.67 0.0% FY 2022-23 2,011,731.73 290,780.44 52,347.50 2,250,164.67 0.0% FY 2023-24 2,250,164.67 158,126.75 21,095.00 2,387,196.42 0.0% Total 3,690,779.49 1,302,916.13 2,387,863.36 35.3%
Revenue received since inception from transportation impact fees totals $3,690,780, of which $1,281,821 has been spent on the widening of Plaza Boulevard and $21,095 on the Mobility Enhancements project. The current balance in the account is $2,387,863, of which $1,923,676 was received during the last five years and $464,187 in the two years prior. The entire TDIF balance has been appropriated for the Mobility Enhancements project, which includes upgrades and modifications to traffic signals and related infrastructure to address mobility efficiency along major transportation corridors on the regional arterial system.

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AGENDA REPORT
Department: Engineering & Public Works
Prepared by: Ricardo Rodriguez, Assistant Engineer
Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

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.

RECOMMENDATION:

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.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

On August 21, 2024, the Traffic Safety Committee approved staff’s recommendation for the installation of red curb “No Parking” in front of the residence located at 2130 E. 12th Street.

EXPLANATION:

A resident expressed concerns with visibility at the intersection of E. 12th Street and Grove Street, and requested the installation of red curb to improve visibility for vehicles turning onto E. 12th Street from Grove Street. The anonymous request was submitted via the City’s SeeClickFix website.

Staff performed a site evaluation and confirmed that E. 12th Street is a 2-lane residential roadway with available parking on both sides of the street and a speed limit of 25 mph. There is existing red curb on E. 12th Street, east of Grove Street, which explains why the red curb request was only for the west side of the intersection. In addition, E. 12th Street, west of Grove Street, is part of a Class III bike route that continues to the north on Paradise Drive and south on Grove Street.

A Class III bike route includes “sharrow” pavement markings and signage to notify drivers to share the road with bicyclists.

Staff sent notices to area residents and presented their findings and recommendations at the Traffic Safety Committee (TSC) Meeting held on May 8, 2024. After discussion, the TSC voted to carry over the item to a subsequent meeting and directed staff to check the traffic collision history at the intersection of E. 12th Street and Grove Street and consider reducing the amount of red curb recommended from 38 feet to 19 feet to preserve one parking space.

Staff obtained the traffic collision history report for the intersection of E. 12th Street and Grove Street from the National City Police Department. The report showed there had been one reported collision in the last four years, categorized as a hit and run with no injuries or fatalities.

Staff presented the item for a second time at the TSC Meeting held on July 10, 2024, with a recommendation to install 19 feet of red curb. The TSC voted to carry over the item to the August TCS meeting for further discussion.

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The decision to carry over the item was made to accommodate a request from the resident of 2130 E. 12th Street for a blue curb disabled persons parking space. It shall be noted that the resident was in support of staff’s recommendation to install 19 feet of red curb at the intersection to improve visibility.

Staff presented the item for a third time at the TSC Meeting held on August 21, 2024, with a recommendation to install 19 feet of red curb. After discussion, the TSC voted to approve the red curb recommendation made by staff.

If approved by City Council, all work will be performed by City Public Works.

FINANCIAL STATEMENT:

The cost to install the red curb is approximately $300. Funding is available within the Engineering & Public Works Department Streets Division maintenance and operating 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 TSC
Exhibit C – Resolution

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Exhibit A: Location Map with Recommended Enhancements (TSC Item: 2024‐02) Proposed 19’ of red
curb “No Parking”

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NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR JULY 10, 2024
ITEM TITLE: REQUEST FOR INSTALLATION OF 19 FEET OF RED CURB IN FRONT OF THE RESIDENCE AT 2130 E 12TH STREET
PREPARED BY: Ricardo Rodriguez, Assistant Engineer – Civil Engineering & Public Works Department
DISCUSSION:

A resident has expressed concern with visibility at the intersection of E 12th Street and Grove Street, and requested the installation of red curb to improve visibility for the vehicles turning onto E 12th Street from Grove Street. The anonymous request was submitted via the SeeClickFix website and was discussed by the Traffic Safety Committee (TSC) during the meeting in May. As a result of the discussion during the meeting, TSC members directed staff to check the traffic collision history at this intersection and follow up with the resident at 2130 E 12th Street regarding a possible request for a blue curb. It should be noted that, prior to the TSC meeting in May, the resident at 2130 E 12th Street mentioned they were interested in requesting a blue curb in front of their residence, however, as of June 26, 2024, a request from this residence has not been received.

In addition to the direction provided, the TSC asked to have the original request modified. The original request was for the installation of 38 feet of red curb, which would impact on-street parking by removing parking for two vehicles. Now with the modification, the request is for 19 feet of red curb, reducing the impact by removing parking for only one vehicle.

Prior to the TSC meeting in May, staff performed a site evaluation and determined that E 12th Street is a 2-lane residential roadway with available parking on both sides of the street and a speed limit of 25 mph. Also, there is red curb on E 12th Street, east of Grove Street, which is why the request is only for one side of the intersection. It is also worth mentioning that E 12th Street, west of Grove Street, is part of a Class III bike route that continues to the north on Paradise Drive and south on Grove Street. A Class III bike route is a street shared with vehicles that is designated for bicycle travel with signage.

Staff visited the site a second time, after the TSC meeting in May, and did not see a lack of available on-street parking. During the second site visit, staff contacted the resident at 2130 E 12th Street and personally delivered a blue curb request form.

Following up on the direction from the TSC, staff requested a traffic collision history report for the intersection of E 12th St and Grove St. The report shows that there has only been one reported collision in the last four years. The collision was categorized as a hit and run with no injuries or fatalities.

ITEM NO. 2024-02
2

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STAFF RECOMMENDATION:

Based on the evaluation of existing conditions, staff recommends the installation of 19 feet of red curb “No Parking” on the south side of E 12th Street, west of Grove Street, in front of the residence at 2130 E 12th Street, to improve visibility for vehicles turning onto E 12th Street. 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
2024-02

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Engineering & Public Works Department
1243 National City Boulevard, National City, CA 91950
619/336-4380 Fax 619/336-4397 www.nationalcityca.gov
July 2, 2024

RESIDENT/PROPERTY OWNER
Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2024-02 REQUEST FOR INSTALLATION OF 19 FEET OF RED CURB IN FRONT OF THE RESIDENCE AT 2130 E 12TH STREET.

Dear Sir/Madame:

The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, July 10, 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.

The City Hall is ADA compliant. Please note that there are two disabled persons parking spaces in front of City Hall on the east side of National City that provide direct access on the 2nd Floor of City Hall 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-

02. Sincerely,
Stephen Manganiello
Director of Public Works/City Engineer

SM:rr

Enclosure: Location Map
2024-02

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Exhibit A: Location Map with Recommended Enhancements (TSC Item: 2024‐02) Proposed 19’ of red
curb “No Parking”

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Site Photos 2130 E 12th Street
TSC 2024-02
Location of proposed red curb “No Parking” on E 12th Street (Looking West) Location of proposed red curb “No Parking” on E 12th Street (Looking South) Proposed 19’ of red
curb “No Parking”
Proposed 19’ of red
curb “No Parking”

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RESOLUTION NO. 2024 -

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.

WHEREAS, a resident expressed concerns with visibility at the intersection of E. 12th Street and Grove Street and requested the installation of red curb to improve visibility for vehicles turning onto E. 12th Street from Grove Street; and
WHEREAS, staff completed a site evaluation and confirmed the following: E. 12th Street is a 2-lane residential roadway with available parking on both sides of the street and a speed limit of 25 mph; there is existing red curb on E. 12th Street, east of Grove Street; E. 12th Street, west of Grove Street, is part of a Class III bike route that continues to the north on Paradise Drive and south on Grove Street; and on-street parking is available during the day; and WHEREAS, this item was presented to the Traffic Safety Committee on May 8, 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 carry over the item to a subsequent meeting and directed staff to check the traffic collision history at the intersection of E. 12th Street and Grove Street and consider reducing the amount of red curb recommended from 38 feet to 19 feet to preserve one parking space; and
WHEREAS, staff reviewed the traffic collision history report for the intersection of E. 12th Street and Grove Street, which showed there had been one reported collision in the last four years, categorized as a hit and run with no injuries or fatalities; and WHEREAS, this item was presented to the Traffic Safety Committee a second time on July 10, 2024; and
WHEREAS, staff presented this item to the Traffic Safety Committee for a second time, with a recommendation to install 19 feet of red curb, and, after discussion, the Traffic Safety Committee voted to carry over the item to the August meeting to accommodate a request from the resident of 2130 E. 12th Street for a blue curb disabled persons parking space; and WHEREAS, this item was presented to the Traffic Safety Committee a third time on August 21, 2024; and
WHEREAS, staff presented the item to the Traffic Safety Committee for a third time, with a recommendation to install 19 feet of red curb, and, after discussion, the Traffic Safety Committee voted to approve staff’s recommendation to install 19 feet of red curb in front of the residence located at 2130 E. 12th Street; and

Page 531 of 1135 ends

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.

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 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.

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 19th day of November, 2024.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

Page 532 of 1135 ends

AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Installation of Time-Restricted “No Parking Street Sweeping” Signs on the East Side of Highland Avenue Between E. 2nd Street and Melrose Street.

RECOMMENDATION:

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.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

On August 21, 2024, the Traffic Safety Committee unanimously approved the installation of time-restricted “No Parking Street Sweeping” signs (R30B), “Friday, 4:00 AM to 6:00 AM,” on the east side of Highland Avenue between E. 2nd Street and Melrose Street.

EXPLANATION:

Mr. Chris Verzosa, property owner of 127 Highland Avenue, has requested the installation of timerestricted “No Parking Street Sweeping” signs on the east side of Highland Avenue between E. 2nd Street and Melrose Street to improve access for scheduled weekly street sweeping services.

The installation of “No Parking Street Sweeping” signs would improve weekly street sweeping services by allowing the sweeper to clear debris along the curbline. Since the posting of “No Parking Street Sweeping” signs would result in a two-hour parking prohibition one day a week, a petition must be signed by at least 60 percent of the property owners located on the east side of Highland Avenue between E. 2nd Street and Melrose Street.

On May 16, 2024, Mr. Verzosa submitted a petition to the Engineering & Public Works Department. Mr. Verzosa is the owner of three out of the five properties located on the east side of Highland Avenue between E. 2nd Street and Melrose Street, meeting the minimum requirement of 60 percent. Staff also notified the owners of the other two properties, inviting them to participate in the Traffic Safety Committee meeting and/or submit any comments or concerns to the Engineering Division.

Engineering Division staff consulted with Public Works Streets Division staff, who confirmed that street sweeping is scheduled for this area every Friday between the hours of 4:00 AM and 6:00 AM, with the exception of City holidays.

Staff presented this item to the Traffic Safety Committee on August 21, 2024, and after discussion, the Traffic Safety Committee voted unanimously to approve staff’s recommendation to install “No

Page 533 of 1135 ends

Parking Street Sweeping” signs on the east side of Highland Avenue between E. 2nd Street and Melrose Street.

It shall be noted that 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.

If approved by City Council, all work will be performed by City Public Works.

FINANCIAL STATEMENT:

The cost to install the signage is approximately $500. Funding is available within the Department of Engineering and Public Works Streets Division maintenance and operations budget.

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 – Location Map
Exhibit B – Staff Report to the Traffic Safety Committee on August 21, 2024 (TSC No. 2024-05) Exhibit C – Resolution

Page 534 of 1135 ends

Location Map with Proposed Enhancements (TSC Item: 2024-05) Highland Avenue
Division Street
E. 2nd Street
Melrose Street
Proposed location of customized TimeRestricted “No Parking- Street Sweeping” signage “Friday, 4:00 AM to
6:00 AM”.

Page 535 of 1135 ends

NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR AUGUST 21, 2024
ITEM TITLE: REQUEST TO INSTALL TIME-RESTRICTED “NO PARKING STREET SWEEPING” SIGNS ON THE EAST SIDE OF
HIGHLAND AVENUE BETWEEN E. 2ND STREET AND
MELROSE STREET.

PREPARED BY: Luca Zappiello, Associate Engineer - Civil Engineering & Public Works Department
DISCUSSION:

Mr. Chris Verzosa, property owner of 127 Highland Avenue, has requested the installation of time-restricted “No Parking Street Sweeping” signs on the east side of Highland Avenue between E. 2nd Street and Melrose Street to improve access for scheduled weekly street sweeping services.

On May 16, 2024, Mr. Verzosa submitted a petition to the Engineering & Public Works Department. Mr. Verzosa is the owner of three out of the five properties located on the east side of Highland Avenue between E. 2nd Street and Melrose Street, meeting the minimum requirement of 60 percent. Staff also notified the owners of the other two properties, inviting them to participate in the meeting and submit any comments or concerns to the Engineering Department.

Engineering staff consulted with the Public Works Streets Division and confirmed that street sweeping is scheduled for this area every Friday between the hours of 4:00 AM and 6:00 AM, with the exception of City holidays.

STAFF RECOMMENDATION:

Staff recommends the installation of time-restricted “No Parking Street Sweeping” signs (R30B), “Friday, 4:00 AM to 6:00 AM,” on the east side of Highland Avenue between E. 2nd Street and Melrose Street.

EXHIBITS:

1. Correspondence

2. Public Notice

3. Location Map

4. Photos
2024-05
ITEM NO. 2024-05
1

Page 536 of 1135 ends

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Page 537 of 1135 ends

REQUEST FOR "NOP ARKING" STREET SWEEPING SIGNS
PETITION TO REQUEST "NO P ARKING" STREET SWEEPING SIGNS ON THE EAST SIDE OF HI GLAND A VENUE BEETWEEN MELOROSE STREET AND EAST 2

ND STREET

NAME (PRINT) SIGNATURE DATE STREET ADDRESS
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Page 538 of 1135 ends

August 8, 2024
Resident/Property Owner
Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2024-05 REQUEST TO INSTALL TIME-RESTRICTED “NO PARKING STREET
SWEEPING” SIGNS “FRIDAY, 4:00 AM TO 6:00 AM” ON THE EAST SIDE OF HIGHLAND AVENUE BETWEEN MELROSE STREET AND EAST 2ND
STREET.

Dear Sir/Madame:

The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, August 21, 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://zoom.us/j/99693438895?pwd=QW51QnZPN2FaS2tRZnphVnNmYmYxdz09 Join Zoom Meeting by phone
+1 669-900-9128
Meeting ID: 996 9343 8895
Passcode: 754338
The City Hall is ADA compliance. Please note that there are two disabled persons parking spaces in front of City Hall on the east side of National City that provide direct access on the 2nd Floor of City Hall 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 2024-05 or send an email to [email protected] Sincerely,
Stephen Manganiello
City Engineer

SM:lz
Enclosure: Location Map
2024-05
1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 [email protected]

Page 539 of 1135 ends

Page 540 of 1135 ends

Location of proposed time restricted “No Parking Street Sweeping” signs (looking northeast) Location of proposed time restricted “No Parking Street Sweeping” signs (looking southeast) Proposed location of customized
Time-Restricted “No ParkingStreet Sweeping” signage
“Friday, 4:00 AM to 6:00 AM”.

Highland Avenue
Highland Avenue
Proposed location of customized
Time-Restricted “No ParkingStreet Sweeping” signage
“Friday, 4:00 AM to 6:00 AM”.

Page 541 of 1135 ends

RESOLUTION NO. 2024 -

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.

WHEREAS, Mr. Chris Verzosa, property owner of 127 Highland Avenue, has requested the installation of time-restricted “No Parking Street Sweeping” signs on the east side of Highland Avenue between E. 2nd Street and Melrose Street to improve access for scheduled weekly street sweeping services, thereby allowing the sweeper to clear debris along the curbline; and WHEREAS, since the posting of “No Parking Street Sweeping” signs would result in a two-hour parking prohibition one day a week, the applicant was required to circulate and provide a petition signed by at least 60 percent of the property owners located on the east side of Highland Avenue between E. 2nd Street and Melrose Street in support of the signage; and WHEREAS, on May 16, 2024, Mr. Verzosa submitted a petition to the Engineering & Public Works Department that included his signature, as owner of three of the five properties located on the east side of Highland Avenue between E. 2nd Street and Melrose Street, in support of the installation of “No Parking Street Sweeping” signs, meeting the minimum requirement of 60 percent; and
WHEREAS, staff confirmed that street sweeping is scheduled for this area every Friday between the hours of 4:00 AM and 6:00 AM, with the exception of City holidays; and WHEREAS, this item was presented to the Traffic Safety Committee on August 21, 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 install “No Parking Street Sweeping” signs to prohibit parking on the east side of Highland Avenue between E. 2nd Street and Melrose Street on Fridays from 4:00 a.m. to 6:00 a.m., with the exception of City holidays; and
WHEREAS, National City Municipal Code section 11.32.140 prohibits stopping or parking at any posted location where parking is restricted or prohibited between hours designated by resolution of the City Council; and
WHEREAS, National City Municipal Code section 11.32.400 prohibits parking at any posted location on the days, and between the hours, designated by the City Council for the purpose of street cleaning; and
WHEREAS, if approved by City Council, all work will be performed by City Public Works.

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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 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.

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 19th day of November, 2024.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT
Department: Planning
Prepared by: Sophia Depew, Assistant Planner
Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

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.

RECOMMENDATION:

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.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

On November 4, 2024, the Planning Commission recommended approval of the CUP by a unanimous vote of those present.

Ayes: Armenta, Castle, Forman, Miller, Quinones, Sanchez, Valenzuela EXPLANATION:

The operator of Mr. Pulpo Seafood restaurant has applied for a California Department of Alcoholic Beverage Control (ABC) Type 41 license to offer on-site beer and wine sales. The applicant is proposing alcohol sales from 9:00 a.m. to 10:00 p.m. daily. No live entertainment is proposed.

The Planning Commission conducted a public hearing on November 4, 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.

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.

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ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Planning Commission Staff Report with attachments Exhibit B – 11/4/24 Planning Commission PowerPoint slides

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Item no. 3
November 4, 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 BEER AND WINE SALES (ABC TYPE-41) AT
AN EXISTING RESTAURANT (MR. PULPO SEAFOOD)
LOCATED AT 831 EAST 8TH STREET.

Case File No.: 2024-20 CUP
Location: Northeast corner of Highland and East 8th Street Assessor’s Parcel Nos.: 556-414-09-00
Staff report by: Sophia Depew, Assistant Planner
Applicant: Saida Gonzalez
Zoning designation: Major Mixed-Use Corridor (MXC-2)
Adjacent use and zoning:

North: Multifamily Residential / MXC-2
East: Commercial Retail, Nail Salon, Realty Office / MXC-2 South: Express Gasoline, Burger King / MXC-2
West: 7-Eleven / MXC-2
Environmental review: Categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities)
Staff recommendation: Approve

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Planning Commission
Meeting of November 4, 2024

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Staff Recommendation
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.

Executive Summary
The operator of Mr. Pulpo Seafood restaurant has applied for a California Department of Alcoholic Beverage Control (ABC) Type 41 license to offer on-site beer and wine sales. The applicant is proposing alcohol sales from 9:00 a.m. to 10:00 p.m. daily. No live entertainment is proposed.

Site Characteristics
Mr. Pulpo Seafood is an existing restaurant located at the corner of E 8th Street and Highland Avenue within the Major Mixed-Use Corridor zone. The restaurant is 2,160 square feet in size, with approximately 1,160 square feet dedicated to dining area. The restaurant has 57 seats available in the dining area.

The previous tenant, Cabo Wabo Grill, had a Type 40 ABC license, which is given to bars and taverns that only sell beer. Mr. Pulpo Seafood has replaced the previous nonconforming use with a restaurant.

Proposed Use
The business is proposing to sell on-site beer and wine (ABC Type 41) in conjunction with food sales in the restaurant. Restaurant operating hours and alcohol sales will be 9:00 a.m. to 10:00 p.m. daily. No live entertainment is proposed.

Analysis
Section 18.30.050 of the Land Use Code allows for on-site alcohol sales with an approved Conditional Use Permit (CUP). Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. City Council Policy 707 also regulates alcohol sales in the city.

Hours of Operation for Alcohol Sales
Conditions of approval for alcohol sales reflect what the applicant has requested (9:00 a.m. to 10:00 p.m. daily). The applicant has stated that the proposed hours

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Planning Commission
Meeting of November 4, 2024

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are the maximum that could be expected, depending on the future success of the business. Current hours are advertised as 9:00 a.m. to 7:00 p.m.

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 261 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 on Tuesday, July 9, 2024 at 11:00 a.m. at the restaurant. The meeting advertisement is attached (Attachment 8).

Based on the attached sign-in sheet, ten community members attended the meeting. The questions asked were related to the previous bar use, not the restaurant use with proposed alcohol sales.

Distance Requirements – Chapter 18.030.050 (D) of the Land Use Code (LUC) requires a 660-foot distance from any public school for restaurants serving alcohol. Restaurants with greater than 30% of their area devoted to seating are exempt from this distance requirement. The restaurant is not located within 660 feet of a school and approximately 50% of the floor area is devoted to seating.

Alcohol Sales Concentration/Location
According to the California Department of Alcoholic Beverage Control (ABC), there is one on-site 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, even with the proposed license. Census Tract 118.02 is located east of Highland Avenue, north of East 8
th Street, and west of Palm Avenue.

Police Department (PD)
The ABC Risk Assessment provided by PD allocated a total of 9 points, which places it in the Low Risk category (Low Risk is considered 12 or less points). The Risk Assessment is included as Attachment 6.

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Planning Commission
Meeting of November 4, 2024

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Institute for Public Strategies (IPS)
Comments were received from IPS with the following considerations:

1. Require that staff, management, and owner attend an in-person Responsible Beverage Sales and Service training. See the California Alcoholic Beverage Control website for future trainings.

2. Require that litter be removed on a daily basis and graffiti abated within 24 hours.

Standard conditions of approval are included in the report in compliance with City Council Policy 707. IPS comments are included as Attachment 7. The application is for a restaurant use and the proposed alcohol sales are incidental to the primary use. Conditions of approval are included that restrict live entertainment.

Findings for Approval
The following are the required findings in the attached draft resolution:

1. Allowable Use: Alcohol sales are allowable within Major 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. The use is incidental to the existing restaurant use in a mixed-use area.

2. General Plan Consistency: Alcohol sales is 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 is consistent with the Major 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.

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Planning Commission
Meeting of November 4, 2024

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serving alcohol are required to receive RBSS training. There is no live entertainment proposed on site.

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 Major Mixed-Use Corridor zone.

6. Public Convenience and Necessity: The restaurant, a permitted use in the Major Mixed-Use Corridor zone, will benefit from the sale of alcohol by providing for a wider diversity of businesses that add character to the area.

Findings for Denial
The following are findings for denial due to nearby businesses that sell beer and wine:

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 there is already a restaurant in census tract 118.02 that serves beer and wine.

2. The proposed use is not deemed essential to the public necessity, as there is already a restaurant in the same census tract that serve beer and wine.

3. Based on the above findings, public convenience and necessity will not be served by a proposed use of the property for 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 operation, employee training, and accessory sales, etc.).

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Planning Commission
Meeting of November 4, 2024

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Summary
The proposed use is consistent with the General Plan due to alcohol sales for onsite consumption being a conditionally-allowed use in Major Mixed-Use Corridor zone. The proposed use would be incidental to the proposed restaurant use in a commercial area. The addition of on-site beer and wine sales is not expected to increase the demand for parking, other services on the property, or have any significant effects on the area. The census tract in which the restaurant is located is not considered over-concentrated with regard to on-sale alcohol licenses. Beer and wine will only be available with the sale of food and the Police Department has classified the establishment as Low Risk.

Options

1. Find the project exempt from CEQA under Class 1 of the CEQA Guidelines Section 15301 or other exemption and approve 2024-20 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 2024-20 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. 2024-20 CUP, dated 9/25/2024)

4. Public Hearing Notice (Sent to 261 property owners & occupants)

5. Census Tract & Police Beat Maps

6. Police Department Comments

7. IPS Comments

8. Community Meeting Information

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RESOLUTION NO. 2024-17

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

APPROVING A CONDITIONAL USE PERMIT FOR BEER AND WINE SALES (ABC TYPE-41) AT AN EXISTING RESTAURANT (MR. PULPO SEAFOOD) LOCATED AT 831 EAST 8TH STREET
CASE FILE NO. 2024-20 CUP
APN: 556-414-09-00
WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for beer and wine sales at an existing restaurant (Mr. Pulpo Seafood) located at 831 East 8th Street at a duly advertised public hearing held on November 4, 2024, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2024-20 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 4, 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 the use is allowable within the Major 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.

2. The proposed use is consistent with the General Plan and any applicable specific plan, because alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant with ATTACHMENT 1

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alcohol sales is consistent with the Major Mixed-Use Corridor zone land use designation and the 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 alcohol sales would be incidental to the primary use of food sales.

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.

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 permitted Major 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 Major Mixed-Use Corridor zone, will benefit from the sale of alcohol by providing for a wider diversity of businesses that add character to the area.

8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for 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

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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 at an existing restaurant (Mr. Pulpo Seafood) located at 831 East 8th Street. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2024-20 CUP, dated 9/25/2024.

2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized 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.

3. 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.

4. 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.

5. 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.

6. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval.

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Planning

7. No alcohol sales and consumption practices shall be permitted until the applicant has been issued a Type 41 license from the California Department of Alcoholic Beverage Control.

8. All sellers 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. to 10:00 p.m. daily.

10. 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 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.

11.Alcohol shall be available only in conjunction with the purchase of food.

12.The sale of alcoholic beverages for off-site consumption is not permitted at this location.

13. Litter shall be removed on site on a daily basis and graffiti abated within 24 hours.

14.No live entertainment is permitted without modification of this CUP or issuance of a Temporary Use Permit.

15.The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.

Police

16.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.

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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 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 4, 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
________________________

CHAIRPERSON

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RESOLUTION NO. 2024-17

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF NATIONAL CITY, CALIFORNIA

DENYING A CONDITIONAL USE PERMIT FOR
BEER AND WINE SALES AT AN EXISTING RESTAURANT (MR. PULPO SEAFOOD) LOCATED AT 831 EAST 8TH STREET.

CASE FILE NO. 2024-20 CUP
APN: 556-414-09-00
WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for beer and wine sales at an existing restaurant (Mr. Pulpo Seafood) located at 831 East 8th Street at a duly advertised public hearing held on November 4, 2024, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2024-20 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.

2. The proposed use is not deemed essential to the public necessity, as there is already a restaurant in the same census tract that serve beer and wine.

3. Based on the above findings, public convenience and necessity will not be served by a proposed use of the property for the on-site sale of alcoholic beverages pursuant to law.

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BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council.

CERTIFICATION:

This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 4, 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN: ________________________

CHAIRPERSON

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2024-20 CUP – 831 East 8th Street – Overhead
N

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ATTACHMENT 3 Page 560 of 1135

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 BEER AND WINE SALES (ABC TYPE-41) AT AN EXISTING RESTAURANT (MR. PULPO SEAFOOD) LOCATED AT 831 E 8TH STREET
CASE FILE NO.: 2024-20 CUP
APN: 556-414-09-00
The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m.

Monday, November 4, 2024, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Saida Gonzalez) The business is proposing to sell on-site beer and wine (ABC Type 41) in conjunction with food sales at the existing restaurant (Mr. Pulpo Seafood). The applicant is proposing to sell alcohol from 9:00 a.m. to 10:00 p.m. daily. 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 4, 2024 by submitting it to [email protected]. Planning staff can be contacted at 619-336-4310 or [email protected].

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 4 Page 561 of 1135
Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community
CensusTracts 2010
August 25, 2014
0 0.375 0.75 1.5 mi 0 0.5 1 2 km
1:45,467
ATTACHMENT5

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City of National City
Beat 21
Source: Microsoft Mappoint
NCPD CAU, 4/18/07

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Notes:

NATIONAL CITY POLICE DEPARTMENT

ALCOHOL BEVERAGE CONTROL

RISK ASSESSMENT
DATE:

BUSINESS NAME:

ADDRESS:

OWNER NAME: DOB:

OWNER ADDRESS: (add additional owners on page 2)
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
10/04/24 Mr. Pulpo Seafood 831 E. 8th Street Saida Leticia Gonzalez 09/08/87 241 Tremont Street, Chula Vista, CA 91911 - Currently, there are (4) off sale licenses authorized 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) active off sale licenses in tract 118.02 ✔ ✔
✔
✔
✔

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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
9 Christian Ballow Unknown 845 E. 8th Street, National City, CA 91950 This business assessed at a low risk and is deserving of such a rating. J. Camacho 449 ✔ ✔
✔

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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 for
Proposed Type 41 Alcohol CUP
831 E 8th Street, National City, CA 91950
Conducted: October 3, 2024
Photo of the proposed location.

An environmental scan was conducted on Thursday, October 3, 2024, for a proposed Type 41 on-sale alcohol license at 831 E 8th Street.

ATTACHMENT 7 Page 566 of 1135
During a scan of the business and premises, the following was noted:
• The business is located in a predominantly commercial area of a Mixed-Use District. • The location has limited parking with 10 spaces behind the building. • The location is in a multi-tenant building with a nail salon and a realty/mortgage business. • There are multiple alcohol retailers and full-service restaurants in close proximately to the proposed location, including a 7-Eleven next door, a liquor store 230 feet away, Salvadorian/Mexican restaurant, Hawaiian restaurant and breakfast restaurant across the street. • There was litter on the side of the building where 7-Eleven is located, and it appeared attempts had been made to cover graffiti on the property.
• There were a few unsheltered individuals with their property in the parking lot across the street.

Youth Sensitive Areas
Chuck E Cheese, approximately 1,580 feet away
Yeraldin Day Care, approximately 1,580 feet away
Central Elementary School and Pre-School, approximately 1,580 feet away Churches
First Baptist Church of National City, approximately 1,050 feet away, is the closest one to this location.

Crime Rate
A follow up request for crime-related information from personnel within the City of National City Police Department may result in obtaining a more detailed crime rate for this location.

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Considerations
The following are considerations if a CUP is issued:
• Require that staff, management, and owner attend an in-person Responsible Beverage Sales and Service training. See the California Alcoholic Beverage Control website for future trainings. • Consider establishing clear guidelines for when additional alcohol licenses will or will not be permitted within an already dense area.
• Require that that litter be removed on a daily basis and graffiti abated within 24 hours.

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ATTACHMENT 8

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City of National City
Planning Commission
Meeting
MEETING OF NOVEMBER 4, 2024

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Public Hearing

CONDITIONAL USE PERMIT FOR

ALCOHOL SALES AT AN EXISTING
RESTAURANT (MR. PULPO SEAFOOD)
LOCATED AT 831 E 8TH STREET
2024-20 CUP

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Overhead

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Site Characteristics
Located on NE corner of Highland Ave. and E. 8th St.
Surrounded by commercial and residential uses
Census tract 118.02
Mr. Pulpo Seafood
 Existing 2,160 ft² restaurant in the MXC-2 zone
 Replaced the previous nonconforming use
 ABC Type 40 beer for bars and taverns

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Front View

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Proposal
Business proposes to sell beer and wine (ABC Type 41) with food Proposed hours of operation: 9:00 a.m. to 10:00 p.m. daily Floor plan indicates the total area dedicated to seating 1,080 ft² dining area
57 seats in dining area
No live entertainment is proposed

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Floor Plan

DINING AREA

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Staff Analysis
NCMC 18.30.050 allows for alcohol sales for on-site consumption with approved CUP Additional requirements for alcohol CUPs:
 Mailing – owners/occupants within 660 ft. (261)
 Community meeting – Held July 9, 2024 – 9 attendees
 Question asked were related to previous bar use
Census Tract 118.02 – one on-sale license where nine are recommended  Not considered overconcentrated
Distance requirements – Not applicable for restaurants with 30% of their floor area dedicated to seating.  Mr. Pulpo Seafood has 50% of their floor area dedicated to seating  Nearest public school is Central Elementary
Adhere to City Council Policy 707
 Standard conditions

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Comments:

Police Department (PD)
Risk Assessment – 9 points
 Low risk – 12 points or less
 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 litter be removed on a daily basis and graffiti abated within 24 hours.

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Conditions
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
IPS comments related to graffiti and litter

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Summary
Proposed use is consistent with the General Plan
Alcohol sales for on-site consumption are a conditionally-allowed use in MXC-2 zone Alcohol sales would be accessory to the business in an established commercial area Inclusion of conditions consistent with Council Policy 707 intended to alleviate concerns related to area impacts
Additional conditions addressing IPS comments

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Options
• Find project exempt from CEQA & approve 2024-20 CUP based on findings listed in the draft resolution / findings determined by the Commission; or • Find project not exempt from CEQA and/or deny 2024-20 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

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Floor Plan

DINING AREA

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AGENDA REPORT
Department: Planning
Prepared by: Sophia Depew, Assistant Planner
Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

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.

RECOMMENDATION:

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.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

On November 4, 2024, the Planning Commission recommended approval of the CUP modification by a unanimous vote of those present.

Ayes: Armenta, Castle, Forman, Miller, Quinones, Sanchez, Valenzuela EXPLANATION:

The applicant has applied to modify an existing Conditional Use Permit for on-site beer and wine sales for a new restaurant, Tacos El Franc, located in the Westfield Plaza Bonita Mall. Tacos El Franc is proposing to expand the restaurant into the adjacent suite, increasing the total area of the restaurant interior to 3,771 square feet. There is also an existing 1,766 square-foot outdoor patio, which is in addition to the interior floor area. The proposed hours of operation are 10:00 a.m. to 10:00 p.m. daily. No live entertainment is proposed.

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.

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).

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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 – 11/4/24 Planning Commission PowerPoint slides

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Item no. 4
November 4, 2024

CITY OF NATIONAL CITY - 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 MODIFICATION FOR BEER AND WINE SALES
(ABC TYPE-41) AT A NEW RESTAURANT (TACOS EL
FRANC) LOCATED AT 3030 PLAZA BONITA ROAD, SUITE
1108
Case File No.: 2024-14 CUP
Location: Westfield Plaza Bonita Mall
Assessor’s Parcel Nos.: 564-471-07-00
Staff report by: Sophia Depew, Assistant Planner
Applicant: Tacos El Franc
Zoning designation: MXD-2 (Major Mixed-Use District)
Adjacent use and zoning:

North: Single-Family Residential across Sweetwater Rd. / RS-2 (Small Lot Residential)
East: Bonita Creek development / RS-3 (Medium-Low Density MultiUnit Residential) South: Sweetwater River Park / OS (Open Space)
West: Interstate 805 Freeway / OS
Environmental review: Categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities)
Staff recommendation: Approve

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Planning Commission
Meeting of November 4, 2024

Page 2 ends

Staff Recommendation
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.

Executive Summary
The applicant has applied to modify an existing Conditional Use Permit for on-site beer and wine sales for a new restaurant, Tacos El Franc, located in the Westfield Plaza Bonita Mall. Tacos El Franc is proposing to expand the restaurant into the adjacent suite, increasing the total area of the restaurant interior to 3,771 square feet. There is also an existing 1,766 square-foot outdoor patio, which is in addition to the interior floor area. The proposed hours of operation are 10:00 a.m. to 10:00 p.m. daily. No live entertainment is proposed.

Site Characteristics
The project is located within the Westfield Plaza Bonita Mall on the east side of the lower level across from The Broken Yolk restaurant. The suite was originally approved for a CUP for alcohol sales (ABC Type 41) at a restaurant, Funky Fries & Burgers, in 2019. The previous restaurant was 1,739 square feet with a 1,766 square-foot outdoor patio. The applicant, Tacos El Franc, is proposing to expand the restaurant into the adjacent retail suite, increasing the total square footage of the restaurant interior to 3,771 square feet. The suite has entrances from the interior of the mall and the exterior patio.

The mall continues north, west, and south of the restaurant; further west is the Interstate 805 Freeway, further south is Sweetwater River Park, further east is multifamily residential, and further north is single-family residential across Sweetwater Road.

Proposed Use
The applicant is proposing to expand the restaurant into the adjacent suite.

Proposed hours for alcohol sales are 10:00 a.m. to 10:00 p.m. daily. Beer and wine would be delivered to the table upon request and would only be available with the sale of food. No live entertainment is proposed.

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Planning Commission
Meeting of November 4, 2024

Page 3 ends

Analysis
Section 18.30.050 of the Land Use Code allows for on-site alcohol sales with an approved CUP. Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements.

The suite was originally approved for a CUP for alcohol sales (ABC Type 41) at a restaurant (Funky Fries & Burgers) in 2019 and then closed in 2023. Since the use has not lapsed for more than 12 months, Tacos El Franc is assuming the license and applying for a CUP modification to expand the restaurant into the adjacent suite.

Hours of Operation for Alcohol Sales
The business is proposing to sell on-site beer and wine from 10:00 a.m. to 10:00 p.m. daily. The existing CUP for the suite was approved for 10:00 a.m. to 10:00 p.m. Sunday through Thursday and 10:00 a.m. to 12:00 a.m. Friday and Saturday. The hours of operation for license holders located in Plaza Bonita range from 6:00 a.m. to 12:00 a.m. for the varying properties. Most recently, Manna Heaven BBQ was approved for 10 a.m. to 9:00 p.m. and Round 1 was approved for 10:00 a.m. to 12:00 a.m. daily.

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 224 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 Thursday, September 26, 2024 at 10:30 a.m. at the subject restaurant. The meeting advertisement is attached (Attachment 8). One employee of a business located in the mall attended the meeting.

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 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

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Planning Commission
Meeting of November 4, 2024

Page 4 ends

question has over 42% of its floor area devoted to seating, not including the patio.

Alcohol Sales Concentration/Location
According to the California Department of Alcoholic Beverage Control (ABC), there are currently 11 on-site sale licenses in this census tract (32.04) where a maximum of five are recommended. Therefore, this census tract is considered by ABC to be over-saturated with regard to alcohol sales outlets. However, two of the licenses are located outside of the City and no increase in the amount of licenses would occur since the applicant is assuming one of the existing licenses.

Census tract 32.04 includes the area south of the Interstate 54, north of Bonita Road, west of Sweetwater Road, and east of the Interstate 805. The attached census tract map shows the location of the subject tract (Attachment 5).

Police Department (PD)
The ABC Risk Assessment provided by PD allocated a total of 12 points, which places it in the Low Risk category (Low Risk is considered 12 or less points). The Risk Assessment is included as attachment 6.

Institute for Public Strategies
Comments were received from IPS with the following considerations:

1. Require that staff, management, and owner attend an in-person Responsible Beverage Sales and Service training. See the California Alcoholic Beverage Control website for future trainings.

2. To prevent crime and nuisance activities, require that the restaurant have hors of operation with alcohol sales ending no later than 12:00 a.m. daily.

3. Require signage indicating that alcoholic beverages may not be take beyond the front patio exit and onto the sidewalk.

Standard conditions of approval are included in the report in compliance with City Council Policy 707. IPS comments are included as Attachment 7.

Findings for Approval
The Municipal Code contains six required findings for CUPs as follows:

1. Allowable Use: Alcohol sales are allowable within Major Mixed-Use District 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

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Planning Commission
Meeting of November 4, 2024

Page 5 ends

staff report. The use is incidental to the proposed restaurant use in a commercial area.

2. General Plan Consistency: Alcohol sales is 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 is consistent with the Major Mixed-Use District 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.

4. No Nuisance: 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. There is no live entertainment proposed on site.

6. Public Convenience and Necessity: The restaurant, a permitted use in the Major Mixed-Use District zone, will benefit from the sale of alcohol by providing for a wider diversity of businesses that add character to the area.

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Planning Commission
Meeting of November 4, 2024

Page 6 ends

Findings for Denial
The following are findings for denial due to nearby businesses that sell beer and wine.

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 census tract in which the subject property is located is currently over-concentrated with regard to onsale alcohol outlets – There are 11 on-sale licenses, where a maximum of five are recommended.

2. The proposed use is not deemed essential to the public necessity, as there are 11 restaurants in census tract 32.04 that already serve beer and wine.

3. Based on the above findings 1 and 2 above, public convenience and necessity will not be served by a proposed use of the property for the retail sales 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-sale alcohol sales per City Council Policy 707 (alcohol incidental to food, hours of operation, RBSS training, etc.).

Summary
The proposed use is consistent with the General Plan due to alcohol sales for onsite consumption being a conditionally-allowed use in the Major Mixed-Use District zone. The proposed use would be accessory to the restaurant use in a commercial area. The expansion of the suite is not expected to increase the demand for parking, other services on the property, or have any significant effects on the area. Although the census tract in which the restaurant is located is overconcentrated with regard to on-sale alcohol licenses, no new licenses would be added. Alcohol will only be available with the sale of food and the Police Department has classified the establishment as Low Risk.

Options

1. Find the project exempt from CEQA under Class 1 of the CEQA Guidelines Section 15301 or other exemption and approve 2024-14 CUP, subject to the conditions included in the Resolution, or other conditions, and based on the

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Planning Commission
Meeting of November 4, 2024

Page 7 ends

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 2024-14 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. 2024-14 CUP, dated 10/28/2024)

4. Public Hearing Notice (Sent to 224 property owners & occupants)

5. Census Tract & Police Beat Maps

6. Police Department Comments

7. IPS Comments

8. Community Meeting Information

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ATTACHMENT 1
RESOLUTION NO. 2024-18

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

APPROVING A CONDITIONAL USE PERMIT MODIFICATION FOR BEER AND WINE SALES (ABC TYPE-41) AT A NEW RESTAURANT (TACOS EL FRANC) LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 1108
CASE FILE NO. 2024-14 CUP
APN: 564-471-07-00
WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit modification for beer and wine sales at a new restaurant (Tacos El Franc) located at 3030 Plaza Bonita Road, Suite 1108 at a duly advertised public hearing held on November 4, 2024, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2024-14 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law.

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 the use is allowable within the Major Mixed-Use District 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.

2. The proposed use is consistent with the General Plan and any applicable specific plan because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. In addition, a

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restaurant use with alcohol sales is consistent with the Major Mixed-Use District land use designation and the Community Character element of the General Plan.

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.

7. The proposed use is deemed essential and desirable to the public convenience or necessity, because the restaurant, a permitted use in the Major Mixed-Use District zone, will benefit from the sale of alcohol by providing for a wider diversity of businesses that add character to the area.

The use, as proposed and conditioned, will operate in harmony with surrounding

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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 at a new restaurant (Tacos El Franc) located at 3030 Plaza Bonita Road, Suite 1108. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2024-14 CUP, dated 10/28/2024.

3. 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.

4. 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 Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval.

Planning

7. No alcohol sales and consumption practices shall be permitted until the applicant has been issued a Type 41 license from the California Department of Alcoholic Beverage Control.

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9. The sale of alcoholic beverages shall be permitted only between the hours of 10 a.m. to 10 p.m. daily.

10.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 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.

11.Alcohol shall be available only in conjunction with the purchase of food.

12.The sale of alcoholic beverages for off-site consumption is not permitted at this location.

13.Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages shall be consumed inside the restaurant or patio area and shall not be taken off-premises.

14.No live entertainment is permitted without modification of this CUP or issuance of a Temporary Use Permit.

15.The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.

Police

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

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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.

CERTIFICATION:

This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 4, 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN: ________________________

CHAIRPERSON

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RESOLUTION NO. 2024-18

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF NATIONAL CITY, CALIFORNIA

DENYING A CONDITIONAL USE PERMIT MODIFICATION

FOR ON-SITE ALCOHOL SALES AT A NEW RESTAURANT LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 1108
CASE FILE NO. 2024-14 CUP
APN: 564-471-07-00
WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the on-site sale of beer and wine at a new restaurant for a property located at 3030 Plaza Bonita Road, Suite 1108 at a duly advertised public hearing held on November 4, 2024, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2024-14 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law.

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 census tract in which the subject property is located is currently over-concentrated with regard to on-sale alcohol outlets – There are 11 on-sale licenses, where a maximum of five are recommended.

2. The proposed use is not deemed essential to the public necessity, as there are 10 restaurants in census tract 32.04 that already serve beer and wine.

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3. Based on the above findings 1 and 2 above, public convenience and necessity will not be served by a proposed use of the property for the 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.

CERTIFICATION:

This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 4, 2024, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN: ________________________

CHAIRPERSON

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2024-14 CUP – 3030 Plaza Bonita Road, Suite 1108 – Overhead N
ATTACHMENT 2

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LEVEL 1: PETS BEAUTY GROCERY SEASONAL PHARMACY STATIONARY BOYS/GIRLS SHOES MENSWEAR/WOMENSWEAR INFANT/TODDLER ELECTRONICS TOYS/GAMES HOME DECOR ENTERTAINMENT SPORTING GOODS LOADING COMPACTOR AREA ROOM 751 SF GENERATOR ROOM 513 SF

SWITCHGEAR
156 SF STAIRWELL
FIRE

ELECTRIC
ROOM 9 EQUIP

ELECTRIC
ROOM PLAYTOWN FOOD SERVICE FOOD SERVICE ENTERTAINMENT REVISIONS Sheet No.: Issue: NAF Project No.: Issuance Date:

SHEET TITLE: PROJECT:

SEPTEMBER 24, 2024 CUP

TACOS EL FRANC
AT
WESTFIELD PLAZA BONITA 0123

WESTFIELD PLAZA BONITA
3030 PLAZA BONITA ROAD, SUITE 1108
NATIONAL CITY, CA. 91950
Ó Consultant Project No.: N / A

MALL SITE PLAN
GROUND LEVEL AS-100
0 40' 80' WESTFIELD PLAZA BONITA SITE PLAN - GROUND LEVEL TENANTS Scale: 1" = 40'-0" SCALE 1 1'=40'-0" ATTACHMENT 3

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21 R 20 22 R.6 R.9 S PO 1 2 3 4 5 ABC FE (2A-10BC) FE (2A-10BC) WEST DINING 103C BEVERAGE STATION 104 NORTH DINING 103B HOST/ POS 100 EXPO 103 EXPOSITION KITCHEN 109 DRY STORAGE 111A DISHWASHING / SCULLERY 111 DRY STORAGE 111B PREP KITCHEN 110 EXTERIOR DINING PATIO 113 HALLWAY 105 SERVICE COORIDOR 113 WALK-IN COOLER 112A EAST DINING 103A MOP SINK / JANITOR 108 WOMEN'S RESTROOM 106 MEN'S RESTROOM 107 DRY STORAGE 112B PRODUCE OFFICE 114 TO-GO 101 Xref ..\Xrefs\X-Base-Floor-Plan-TEF-Bonita.dwg 21'-0 1/2" 29'-2 1/2"
31'-0" 50'-3" 77'-2" 55'-9" 21'-5" 10'-10" 54'-9" 11'-8" 77'-2 1/2" REVISIONS Sheet No.: Issue: NAF Project No.: Issuance Date:

SHEET TITLE: PROJECT:

SEPTEMBER 24, 2024 CUP

TACOS EL FRANC
AT
WESTFIELD PLAZA BONITA 0123

WESTFIELD PLAZA BONITA
3030 PLAZA BONITA ROAD, SUITE 1108
NATIONAL CITY, CA. 91950 Ó Consultant Project No.: N / A

TACOS EL FRANC

TENANT IMPROVEMENT
FLOOR PLAN TENANT IMPROVEMENT FLOOR PLAN SCALE 1 A101 1/4"=1'-0" Page 602 of 1135

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 MODIFICATION FOR BEER AND WINE SALES (ABC TYPE-41) AT A NEW RESTAURANT (TACOS EL FRANC) LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 1108 CASE FILE NO.: 2024-14 CUP
APN: 564-471-07-00
The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m.

Monday, November 4, 2024, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Tacos El Franc) The applicant is proposing to modify an existing Conditional Use Permit for on-site beer and wine sales for a new restaurant (Tacos El Franc) located in the Westfield Plaza Bonita Mall.

The business is proposing to expand into the neighboring suite, increasing the total area of the restaurant interior to 3,771 square-feet with an additional 1,766 square-foot outdoor patio. 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).

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Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community
CensusTracts 2010
August 25, 2014
0 0.375 0.75 1.5 mi 0 0.5 1 2 km
1:45,467
ATTACHMENT Page 604 of 11355
City of National City
Beat 23
Source: Microsoft Mappoint
NCPD CAU, 4/18/07

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Notes:

NATIONAL CITY POLICE DEPARTMENT

ALCOHOL BEVERAGE CONTROL

RISK ASSESSMENT
DATE:

BUSINESS NAME:

ADDRESS:

OWNER NAME: DOB:

OWNER ADDRESS: (add additional owners on page 2)
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
08/30/24 Tacos El Franc 3030 Plaza Bonita Road #1108, National City, CA 91950 Salvador Lombroso 11/17/65 5411 Pacifica Drive, La Jolla, CA 92037 - Currently, there are (2) off sale licenses authorized in tract 32.04 - Currently, there are (11) on sale licenses authorized in tract 32.04 - Currently, there are (5) active on sale licenses in tract 32.04 - Currently, there are (1) active off sale licenses in tract 32.04 ✔ ✔
✔
✔
✔

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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
12 This business assessed at a low risk and is deserving of such a rating due. This tract is over saturation with on sale ABC licenses and has crime activity due to being at the Plaza Bonita Mall Camacho 449 ✔ ✔
✔

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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 for
Proposed Type 41 Alcohol CUP
3030 Plaza Bonita Road, Suite 1108, National City, CA 91950 Conducted: September 5, 2024
Photo of the proposed location.

An environmental scan was conducted on Thursday, September 5, 2024 for a proposed Type 41 on-sale alcohol license at 3030 Plaza Bonita Road, Suite 1108. The proposed location is within the shopping mall Westfield Plaza Bonita.

ATTACHMENT 7

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During a scan of the business and premises, the following was noted:
• The business is located in a predominantly commercial area of a Mixed-Use District. • The location has multiple transportation options including traditional car infrastructure, bus stops and a nearby bike path.
• There are multiple full-service restaurants in close proximately to the proposed location, including the Broken Yolk Café (100 feet away), Manna BBQ (150 feet away) , and Round 1 Bowling and Arcade.

Youth Sensitive Areas
Sweetwater Secondary School (500 feet away; located within the same shopping mall in Suite 1000)
Gladys’ Family Child Care (1,000 feet away)
Sweetwater Heights Park (approximately 2,800 feet away) Churches
Bonita Valley Seventh Day Adventist and Bonita Road Baptist Churches (each approximately 2,630 feet away) are the closest ones to this location.

Crime Rate
A follow up request for crime-related information from personnel within the City of National City Police Department may result in obtaining a more detailed crime rate for this location.

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 below, the darker the census tract, the less distance a person has to travel to their closest alcohol retailer. The proposed location is defined as moderately overconcentrated/dense. Additionally, according to the ABC, five (5) on-sale licenses are authorized for the census tract where 3030 Plaza Bonita Road, National City is located. There are already nine (9) on-sale licenses for this census tract according to ABC records – exceeding ABC recommendations.

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Considerations
The following are considerations if a CUP is issued:

1. Require that staff, management, and owner attend an in-person Responsible Beverage Sales and Service training. See the California Alcoholic Beverage Control website for future trainings.

2. To prevent crime and nuisance activities, require that the restaurant have hours of operation with alcohol sales ending no later than 12:00 am daily.

3. Require signage indicating that alcoholic beverages may not be taken beyond the front patio exit and onto the sidewalk.

4. Consider establishing clear guidelines for when additional alcohol licenses will or will not be permitted within an already dense area.

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ATTACHMENT 8

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City of National City
Planning Commission
Meeting
MEETING OF NOVEMBER 4, 2024

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Public Hearing

CONDITIONAL USE PERMIT

MODIFICATION FOR ALCOHOL SALES AT

A NEW RESTAURANT (TACOS EL
FRANC) LOCATED AT 3030 PLAZA
BONITA ROAD, SUITE 1108
2024-14 CUP

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Overhead

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Front View

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Site Characteristics
Westfield Plaza Bonita Mall
 MXD-2 zone
 71-acre property
 24 acres of building area
 4,400 parking spaces
 Currently nine restaurants with CUPs for on-site alcohol sales Tacos El Franc
 Located across from Broken Yolk
 Replacing Funky Fries & Burgers
 Existing 1,739 square-foot interior with 1,766 square-foot outdoor patio  Expanding into adjacent retail suite
 Restaurant interior expanding to 3,771 square-feet, no change to outdoor patio

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Proposal
The business proposes to modify the existing alcohol CUP by expanding the restaurant into the adjacent suite The suite has an existing CUP for beer and wine sales (ABC Type 41) since 2019 Tacos El Franc is proposing to expand the restaurant interior from 1,739 ft² to 3,771 ft² 1,766 ft² outdoor patio unchanged
Proposed hours of operation are 10:00 a.m. to 10:00 p.m. daily. The existing CUP was approved for 10:00 a.m. to 10:00 p.m. Sun-Thurs & 10:00 a.m. to 12:00 a.m. Fri-Sat Floor plan indicates the total area dedicated to seating 1,583 ft² dining area
1,766 ft² outdoor patio
No live entertainment is proposed

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Floor Plan

DINING AREA

OUTDOOR PATIO

MALL ENTRANCE

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Staff Analysis
NCMC 18.30.050 allows for alcohol sales for on-site consumption with approved CUP Additional requirements for alcohol CUPs:
 Mailing – owners/occupants within 660 ft. (224)
 Community meeting – Held September 26th, 2024 – 1 attendee  Mall employee
Census Tract 32.04 – 11on-sale license where 5 are recommended  Two licenses outside the City
 No new licenses added
Distance requirements – Not applicable for restaurants with 30% of their floor area dedicated to seating.  Tacos El Franc has 42% of their floor area dedicated to seating  Not located within 660 feet of a public school
Adhere to City Council Policy 707
 Standard conditions

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Comments:

Police Department (PD)
Risk Assessment – 12 points
 Low risk – 12 points or less
 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 signage indicating that alcoholic beverages may not be taken beyond the front patio exit and onto the sidewalk.

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Summary
Proposed use is consistent with the General Plan
Alcohol sales for on-site consumption are a conditionally-allowed use in MXD-2 zone Alcohol sales would be accessory to the business in an established commercial area Inclusion of conditions consistent with Council Policy 707 intended to alleviate concerns related to area impacts Additional conditions addressing IPS comments

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Options
• Find project exempt from CEQA & approve 2024-14 CUP based on findings listed in the draft resolution / findings determined by the Commission; or • Find project not exempt from CEQA and/or deny 2024-14 CUP based on findings listed in the draft resolution / findings determined by the Commission; or • Continue the item for additional information
• Staff recommending approval
• Notice of Decision to City Council

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Floor Plan

DINING AREA

OUTDOOR PATIO

MALL ENTRANCE

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AGENDA REPORT
Department: Police Department
Prepared by: Scott Shanahan, Sergeant
Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:
2025 Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant Number PT25188 in the Amount of $195,000.

RECOMMENDATION:

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.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The National City Police Department was approved to receive $195,000 in grant funds from the Office of Traffic Safety (OTS). The grant was approved for a one-year period beginning October 1 st 2024 and concluding on September 30th 2025. This award is based upon a grant proposal submitted to the Office of Traffic Safety for the purpose of reducing the number of persons killed or injured in traffic collisions and alcohol involved collisions; to reduce fatal and injury hit and run collisions to reduce the amount of motorcyclists killed or injured; and to reduce fatal and injury collisions at intersections, where unsafe turning movements and unsafe speeds were a factor.

The grant funds allocated to accomplish these goals will be used to fund overtime operations such as DUI/DL checkpoints, DUI saturation patrols, and enforcement operations regarding speed, red light violators, distracted drivers and motorcycle enforcement within the city limits of the City of National City. There is also funding allowing for Traffic Safety presentations and purchase of learning materials.

FINANCIAL STATEMENT:

Budget adjustments will be made in the Police Department Grants Fund to reflect the receipt of the grant as follows:

Revenue: 290-70-21-21722-3498 $195,000
Expenditures:
290-70-21-21722-6102-2600 Overtime $44,656
290-70-21-21722-6140-2600 Worker’s Comp $4,345
290-70-21-21722-6161-2600 Medicare $648
290-70-21-21722-7258-2600 Travel & Subsistence $3,351

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Expenditures (continued):
290-70-21-21722-6102-2608 Overtime $85,877
290-70-21-21722-6140-2608 Worker’s Comp $6,356
290-70-21-21722-6161-2608 Medicare $1,245
290-70-21-21722-7511-2608 Automotive Equip. $45,000
290-70-21-21722-7399-2608 Materials & Supplies $1,522
No matching funds required.

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 – National City FY 2025 Grant Application
Exhibit B – National City-PT25188-OP 10 Grant Approval Email Exhibit C – 2025 OTS Grant Agreement PT25188
Exhibit D – Resolution

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RESOLUTION NO. 2024 -

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.

WHEREAS, the National City Police Department (“NCPD”) submitted an application to the Office of Traffic Safety (“OTS”) for consideration for a Selective Traffic Enforcement Program (“STEP”) grant; and
WHEREAS, OTS awarded a STEP grant in the amount of $195,000; and WHEREAS, the purpose of the STEP grant is to implement programs to reduce the number of persons killed or injured in traffic collisions and alcohol related accidents; and WHEREAS, the STEP grant funds will be used to fund operations such as DUI/Driver’s License checkpoint, DUI saturation patrols and other enforcement operations relating to speed and red-light violations.

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 Selective Traffic Enforcement Program grant, grant number PT25188, from the Office of Traffic Safety in the amount of $195,000.

Section 2: That the City Council authorizes the establishment of an appropriation of $195,000 and a corresponding revenue budget in the Police Department Grants Fund.

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 19th day of November, 2024.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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Project Close-Out and Notice of Completion for the Las Palmas Swimming Pool Renovation Project, CIP No. 22-01.

RECOMMENDATION:

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.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The scope of the Las Palmas Swimming Pool Renovation project included re-plastering, redecking and expanding the width of the pool by 10 feet. The pool's expansion was based on the City Council's desire to increase the pool's capacity for both programming opportunities and swimming time for City residents. The expansion of the width of the pool created positive benefits for the community, including:
 A 100% increase in lap and recreational swimming for both programmed (fee-based) and free swimming.
 Brought the pool to the standard size for competition at the high school and collegiate level.
 Created the ability to construct different configurations for pool usage, resulting in more flexibility for programmed and free swim options simultaneously, increasing the overall use of the pool.

On June 23, 2022, the bid solicitation was posted on Planet Bids, a free public electronic bidding system for contractors. On June 28, 2022, and July 5, 2022, the bid solicitation was advertised in local newspapers.

On July 20, 2022, two (2) bids were received by the 2:00 p.m. deadline. California Commercial Pools, Inc., was the apparent lowest bidder with a base bid amount of $3,206,850. Upon review of all documents submitted, California Commercial Pools, Inc.’s bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications.

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On August 16, 2022, City Council awarded the contract to California Commercial Pools, Inc. in the amount not to exceed $3,206,850 and authorized a 10% contingency in the amount of $320,685 to address any unforeseen conditions that may arise.

The Notice to Proceed with construction was issued on September 8, 2022. Construction started on September 12, 2022 and was completed on June 12, 2024. Photos of the completed project are shown in Exhibit A.

The change orders issued for this project are detailed in the Final Contract Balance Report (Exhibit B). The change orders and line-item adjustments increased the contract by $281,993.83.

This results in an 8.91% contract increase for a final contract balance of $3,447,287.51.

As a result of satisfactory completion of the project, staff recommends that City Council, 1) accept the work performed by California Commercial Pools, Inc. for the Las Palmas Swimming Pool Renovation project, CIP 22-01; 2) approve the final contract balance of $3,447,287.51; 4) ratify the release of retention in the amount of $172,989.13; and 5) authorize the Mayor to sign the notice of completion, which will be filed with the San Diego County Recorder’s Office.

FINANCIAL STATEMENT:

Expenditures and associated funding sources for this project were as follows:

Exp. Account No. 001-409-500-598-1173 - $957,476.67 (State Grant - Las Palmas Pool Widening)
Exp. Account No. 117-409-500-598-1173 - $2,489,810.84 (ARPA - Las Palmas Pool Renovation) RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation, and Library
ENVIRONMENTAL REVIEW:

The project qualifies as a Categorical Exemption, consistent with CEQA Guidelines. 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 – Photos
Exhibit B – Final Contract Balance
Exhibit C – Notice of Completion
Exhibit D – Resolution

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Las Palmas Swimming Pool Photos

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Las Palmas Swimming Pool Photos

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FINAL CONTRACT BALANCE
DATE: September 25, 2024
PROJECT: Las Palmas Swimming Pool Renovation Project
FY 22-24
CIP No. 22-01
TO: California Commercial Pool Inc.
2255 E Auto Centre Dr.

Glendora, CA 91740
ORIGINAL CONTRACT AMOUNT: $ 3,206,850.00
START DATE: September 12, 2022
COMPLETION DATE: June 12, 2024
ORIGINAL CONTRACT LENGTH: 140 Working Days
EXTENTION OF WORK DAYS: 64 Working Days
WORKING DAYS SUSPENDED: 230 Working Days
TOTAL CONTRACT TIME: 434 Working Days
FINAL CONTRACT AMOUNT: $3,447,287.51
DESCRIPTION:

The Final Contract Balance reports final line-item amounts and summarizes all change orders to produce a final contract amount.

CHANGE ORDERS AND LINE-ITEM ADJUSTMENTS:

Change Order #1 directed the contractor to remove additional pool deck concrete with thickened areas resulting in approximately 40 CY of additional material. This Change Order total amount was $12,000.00.

Change Order #2 directed the contractor to remove and properly dispose transite pipe encountered during the pool widening excavation. The Contractor was required to follow all County protocols, file all necessary disposal manifests, properly handle, remove, and dispose all existing transite pipe by a licensed abatement company. This Change Order total amount was $ 7,139.00.

Change Order #3 directed the contractor to construct additional key ways as recommended by ADG within the pool floor trenches. The contractor was requested to perform the work per a revised detail as provided by the Design Engineer and pouring the additional concrete needed to fill the keyways.

This Change Order total amount was $ 10,258.00.

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FINAL CONTRACT BALANCE
Las Palmas Swimming Pool Renovation Project
CIP 22-01
Change Order #4 directed the contractor to remove the existing planter walls against the pool room bath house as directed by the city including all footings, vegetation and dirt within to subgrade in order to facilitate deck and drainage placement. This Change Order total amount was $ 23,500.00.

Change Order #5 directed the contractor to remove an unknown existing concrete slab encountered under the existing deck. The removal of the slab was required for the installation of the new deck drains. This Change Order total amount was $ 5,532.20.

Change Order #6 renegotiated bid item #13 per Section 3-2.2.2 of the contract specifications from the original unit price of $1882.35 to a revised unit price of $785.00 each for an additional 47 units. This Change Order total amount was $ 36,895.00.

Change Order #7 directed the contractor to install a new 1.5” backflow preventer and enclosure for the external hose bibs around the pool deck per the County Health code requirements. This Change Order total amount was $ 2,731.63.

Change Order #8 directed the contractor to install two additional overhead light poles and lights, one between the competition pool and the activity pool and one to the north of the activity pool. This CO included all conduit placed, foundations, reinforcement, dirt export, wire, labor and incidental materials to perform all work. This Change Order total amount was $ 46,800.00.

Change Order #9 directed the contractor to install new main drain lines from the existing connection point near the mechanical room to all connection area drain points identified on the revised plans. All existing drains were reviewed by city crews and found to be unusable and inoperative and required complete replacement. All work was performed on a T&M basis. This Change Order total amount was $35,225.09.

Change Order #10 directed the contractor to install slot drains beneath the pool deck on the north side of the activity pool, between the competition pool and the activity pool and on the south side of the competition pool. The slot drains were not shown on the original plans and allowed the pool deck to meet ADA compliance and connect to the new main drains installed. This Change Order total amount was $ 54,739.00.

Change Order #11 renegotiated bid item #9 per Section 3-2.2.2 of the contract specifications from the original unit price of $2,500.00 to a revised unit price of $1,780.00 each for an additional 6 units. This Change Order total amount was $ 10,680.00.

Change Order #12 redesigned the deck layout to meet ADA compliance. As a result, the revised plans required new handrails at all locker room entrances with ramps per the Building Code. This Change Order total amount was $ 14,473.41.

Change Order #13 directed the contractor to remove and properly dispose of additional transit pipe encountered during the trench drain installation. This Change Order total amount was $ 6,825.00.

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FINAL CONTRACT BALANCE
Las Palmas Swimming Pool Renovation Project
CIP 22-01
Change Order #14 directed the contractor to remove and replace two IPS M920 chemical controllers at the Las Palmas Pool facility. The new controllers allowed for proper chemical feeds to both the competition pool and the activity pool. This Change Order total amount was $ 7,505.00.

Change Order #15 directed the contractor to remove and replace the existing handrails at the activity pool and replace with new handrails. This Change Order total amount was $ 3,875.00.

Change Order #16 directed the contractor to provide 10 additional water polo goal tethers to accommodate the modified pool use with colors as identified by the city. This Change Order total amount was $ 4,207.00.

Change Order #17 directed the contractor to provide and install panic hardware on two gates that lead from the activity pool to the competition pool as directed by the Building Department. New hardware matched the existing hardware installed on other gates within the pool. This Change Order total amount was $ 9,608.00.

Change Order #18 directed the contractor to provide and replace 6 existing doors in both the mechanical room and bath house, modify door swing per the Building Department, replace casing, hardware and rekey. This Change Order total amount was $ 9,688.00.

Change Order #19 directed the contractor to provide one additional door jamb to replace a deteriorated existing jamb not originally accounted for under Change Order 18. This Change Order total amount was $ 539.84.

Change Order #20 was voided after issuance as the city decided to performed the work at a later date.

This Change Order total amount was $ 0.00.

Change Order #21 back charged the contractor for inspection hours due to the perimeter fence not passing the original project acceptance. The contractor was required to perform the work again requiring numerous site inspections until contract compliance was met. Per the project specifications the contractor was responsible for the added inspection costs. The city assessed the contractor with 73.5 inspection hours for a total deductive Change Order amount of $12,495.00.

All Change Orders listed above increased the total contract amount by $ 281,993.83.

AS-MEASURED BID ITEM ADJUSTMENTS:

The following bid items and change order items paid by a unit cost were installed and measured in accordance with the plans and direction of the City. As a result, the following items were adjusted above or below the estimated contract quantities as indicated in the chart below:

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FINAL CONTRACT BALANCE
Las Palmas Swimming Pool Renovation Project
CIP 22-01
Line-item adjustments per the attached FINAL BILLING STATEMENT resulted in a decrease of $41,4556.32.

CONTRACT SUMMARY:

As a result of the above change orders and line-item adjustments, the contract price is adjusted as follows:

1. The contract price with change order and line items is adjusted to $3,447,287.51.

2. A retention in the amount of $172,989.13 was held until satisfactory completion of said project.

This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. California Commercial Pool Inc. will not be entitled to damages or additional payment for delays as described in the 2021 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above.

ITEM
No. ITEM DESCRIPTION UNITS QUANTITY UNIT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT $ ADJUSTMENT 6 Pool Deck Removal SF 26992 $ 5.60 $ 151,155.20 $ - 26992 $ 151,155.20 26417.5 $147,938.00 $ (3,217.20) 7 Pool Deck Replacement (S) SF 24142 $ 20.00 $ 482,840.00 $ - 24142 $ 482,840.00 21588 $431,760.00 $ (51,080.00) 9 New Racing Platform Anchors (S) EA 16 $ 2,500.00 $ 40,000.00 $ - 16 $ 40,000.00 20 $ 50,000.00 $ 10,000.00 10 New Stancion Sockets (S) EA 30 $ 83.33 $ 2,499.90 $ - 30 $ 2,499.90 16 $ 1,333.28 $ (1,166.62) 13 New Lane Line Anchors (S) EA 17 $ 1,882.35 $ 31,999.95 $ - 17 $ 31,999.95 21 $ 39,529.35 $ 7,529.40 14 VGBA / AB1020 Main Drain Replace EA 3 $ 3,333.33 $ 9,999.99 $ - 3 $ 9,999.99 2 $ 6,666.66 $ (3,333.33) 17 New Interior 5' Fence and Gates (S) LF 92 $ 543.48 $ 50,000.16 $ - 92 $ 50,000.16 110 $ 59,782.80 $ 9,782.64 19 New Main Drains (S) EA 3 $ 11,666.67 $ 35,000.01 $ - 3 $ 35,000.01 2 $ 23,333.34 $ (11,666.67) 22 New Pool Tile (S) SF 1500 $ 233.33 $ 349,995.00 $ - 1500 $ 349,995.00 1875 $437,493.75 $ 87,498.75 23 New Compliant Perimeter Fencing, LF 600 $ 575.00 $ 345,000.00 $ - 600 $ 345,000.00 450 $258,750.00 $ (86,250.00) 26 Rebar/Gunite Repair (S) LF 150 $ 26.67 $ 4,000.50 $ - 150 $ 4,000.50 163 $ 4,347.21 $ 346.71 CO1 Additional Pool Deck Thickness LS 1 $12,000.00 1 $12,000.00 1 $12,000.00 $ - CO2 Removal of asbestos pipe LS 1 $7,139.00 1 $7,139.00 1 $7,139.00 $ - CO3 Additional Keyways LS 1 $10,258.00 1 $10,258.00 1 $10,258.00 $ - CO4 Planter Wall Removal' LS 1 $23,500.00 1 $23,500.00 1 $23,500.00 $ - CO5 Remove additional unknown
concrete LS 1 $5,532.20 1 $5,532.20 1 $5,532.20 $ -
CO6 Additional Lane Line Anchors EA 47 $36,895.00 47 $36,895.00 47 $36,895.00 $ - CO7 Backflow Device LS 1 $2,731.63 1 $2,731.63 1 $2,731.63 $ - CO8 Overhead Lighting LS 1 $46,800.00 1 $46,800.00 1 $46,800.00 $ - CO9 Drain replacement T&M LS 1 $27,492.75 1 $27,492.75 1 $27,492.75 $ - CO10 Slot Drains LS 1 $54,739.00 1 $54,739.00 1 $54,739.00 $ - CO11 Additional Racing Platform
Anchors EA 6 $10,680.00 6 $10,680.00 6 $10,680.00 $ -
CO12 Handrailing LS 1 $14,473.41 1 $14,473.41 1 $14,473.41 $ - CO13 Removal of additional asbestos
pipe LS 1 $6,825.00 1 $6,825.00 1 $6,825.00 $ -
CO14 Chemical Controllers LS 1 $7,505.00 1 $7,505.00 1 $7,505.00 $ - CO15 Activity Pool Handrails LS 1 $3,875.00 1 $3,875.00 1 $3,875.00 $ - CO16 Water Polo Goal Tethers LS 1 $4,207.00 1 $4,207.00 1 $4,207.00 $ - CO17 Panic Hardware on Activity Pool
Gates LS 1 $9,608.00 1 $9,608.00 1 $9,608.00 $ -
CO18 Replace bathhouse and electrical
room doors LS 1 $9,688.00 1 $9,688.00 1 $9,688.00 $ -
CO19 Added door Jamb LS 1 $539.84 1 $539.84 1 $539.84 $ - CO20 VOID $0.00 $0.00 $ -
CO21 Inspeciton Charges LS 1 ($12,495.00) 1 ($12,495.00) 1 ($12,495.00) $ - Total Bid $ 1,565,490.71 $ 281,993.83 $ 1,847,484.54 $1,805,928.22 $ (41,556.32)

ORIGINAL CONTRACT CHANGED AUTHORIZED TOTAL AUTHORIZED FINAL INSTALLED &

MEASURED

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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:

NAME: CITY OF NATIONAL CITY
ADDRESS: 1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CA 91950

NOTICE OF COMPLETION
CALIFORNIA CIVIL CODE SECTION 3093
NOTICE IS HEREBY GIVEN of the completion on June 12, 2024 of the:

Las Palmas Swimming Pool Renovation, CIP No. 22-01 Work of improvement or portion of work of improvement under construction or alteration. 1800 E 22nd Street National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property:

Owner in fee
Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with California Commercial Pools Inc.

Name of Original Contractor
The following work and material were supplied:

Labor provided: General Laborer, Equipment and Materials to will re-plaster, re-tile both the Competition and Activity pool, re-deck both pool areas, provide new anchorage for the competition pool, all new deck drains, replace mechanical room equipment identified, remove and replace perimeter fencing and expand the width of the competition pool by 10 feet. The expansion of the pool is based on the City Council’s desire to increase the pool’s capacity and activity. General statement of kind of labor, services, equipment or materials The names and addresses of co-owners are: N/A
Joint tenants, tenants in common, or other owners
Dated: November 19, 2024; ______________________________________________ Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct.

Executed on November 19, 2024 at, National City, California.

Signature: __________________________________

RON MORRISON, MAYOR

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RESOLUTION NO. 2024 -
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.

WHEREAS, the Las Palmas Swimming Pool Renovation project, CIP No. 22-01, included re-plastering, re-decking and expanding the width of the pool by 10 feet (the “Project”); and WHEREAS, the pool's expansion was based on the City Council's desire to increase the pool's capacity for both programming opportunities and swimming time for City residents, with the expansion of the width of the pool creating positive benefits for the community, including a 100% increase in lap and recreational swimming for both programmed (fee-based) and free swimming; bringing the pool to the standard size for competition at the high school and collegiate level; and creating the ability to construct different configurations for pool usage, resulting in more flexibility for programmed and free swim options simultaneously, increasing the overall use of the pool; and WHEREAS, on August 16, 2022, City Council awarded the contract for the Project to California Commercial Pools, Inc. (“CCP”) in the amount not to exceed $3,206,850 and authorized a 10% contingency in the amount of $320,685 to address any unforeseen conditions that may arise; and
WHEREAS, on September 8, 2022, the Notice to Proceed with construction was issued to CCP; and
WHEREAS, construction on the Project started on September 12, 2022 and was completed on June 12, 2024; and
WHEREAS, Project change orders and line-item adjustments increased the contract by $281,993.83, which results in an 8.91% increase to the original contract award, for a final contract balance of $3,447,287.51; and
WHEREAS, the Notice of Completion will be filed with the San Diego County Recorder’s Office.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the City Council hereby accepts the work performed by California Commercial Pools, Inc. for the Las Palmas Swimming Pool Renovation project, CIP No. 22-01.

Section 2: That the City Council hereby approves the final contract balance of $3,447,287.51.

Section 3: That the City Council hereby ratifies the release of retention in the amount of $172,989.13.

Page 673 of 1135 ends

Section 4: That the City Council hereby authorizes the Mayor to sign the Notice of Completion.

Section 5: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 19th day of November, 2024.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT
Department: Engineering & Public Works
Prepared by: Ricardo Rodriguez, Assistant Engineer-Civil Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Project Close-Out and Notice of Completion for the P-1 Sewer Upsize Project - Phase II, CIP No. 20-01.

RECOMMENDATION:

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.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The scope of the P-1 Sewer Upsize Project - Phase II consisted of replacing approximately 600 linear feet of existing 8-inch sewer main with new 12-inch sewer main and approximately 400 linear feet with new 14-inch pipe. The area adjacent to the old land fill site (locally known historically as the “Duck Pond”) and also a portion of the pipe alignment within developed private property required trenchless installation using jack and bore construction. The existing 8-inch clay pipe, which was identified as undersized in the City’s Sewer Master Plan, had reached the end of its useful life and therefore, needed to be replaced.

On July 20, 2022, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On July 25, 2022, and July 27, 2022, the bid solicitation was advertised in local newspapers.

On August 18, 2022, five (5) bids were received by the 2:00 p.m. deadline. Ortiz Corporation was the apparent lowest bidder with a total bid amount of $1,631,274.64. Upon review of all documents submitted, Ortiz’s bid was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the project specifications.

On October 18, 2022, per Resolution No. 2022-162 (Exhibit A), City Council awarded the contract to Ortiz Corp. in the amount not to exceed $1,631,274.64 and authorized a 15% contingency in the amount of $244,691 to address any unforeseen conditions that may arise.

The Notice to Proceed with construction was issued on March 14, 2023. Construction started on March 20, 2023 and was completed on January 11, 2024.

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The change orders issued for this project are detailed in the Final Contract Balance Report (Exhibit B). The change orders and line-item adjustments made due to differing field conditions and an efficient construction process reduced the contract by $153,048.93. This resulted in a

9.4% decrease from the contract award amount, for a final contract balance of $1,478,225.71.

As a result of satisfactory completion of the project, staff recommends that City Council, 1) accept the work performed by Ortiz Corporation for the P-1 Sewer Upsize Project - Phase II, CIP 20-01; 2) approve the final contract balance of $1,478,225.71; 3) ratify the release of retention in the amount of $73,911.30; and 4) authorize the Mayor to sign the Notice of Completion, which will be filed with the San Diego County Recorder’s Office.

FINANCIAL STATEMENT:

The total authorized amount for this project, including contingency, was $1,875,965.64. As the final cost of the project was $1,478,225.71, the remaining authorized amount of $397,740.93 will be released back to the Sewer Fund balance.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Transportation Choices and Infrastructure
ENVIRONMENTAL REVIEW:

Notice of Exemption under Class 2 Section 15302 of the CEQA Guidelines was filed with the County Recorder’s Office on February 3, 2020.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Project Location Map
Exhibit B – Contract Award Resolution
Exhibit C – Final Contract Balance
Exhibit D – Notice of Completion
Exhibit E – Resolution

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Exhibit A
P-1 Sewer Upsizing Project - Phase II
Project Location Map
CIP No. 20-01
Installation of 12"
Sewer Main by Open
Trench
Installation of 5' Sewer
Manholes
Installation of 12"
Sewer Main by Jack
and Bore Method
Installation of 14'
Sewer Maintenance
Access Road

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Exhibit B

Page 678 of 1135 ends

Page 679 of 1135 ends

FINAL CONTRACT BALANCE
DATE: September 10, 2024
PROJECT: P1 Sewer Upsize Project – Phase II National City Blvd/30th St CIP No. 20-01
TO: Ortiz Corporation
2000 McKinley Ave
National City, CA 91950
ORIGINAL CONTRACT AMOUNT: $1,631,274.64
START DATE: MARCH 20, 2023
COMPLETION DATE: JANUARY 11, 2024
ORIGINAL CONTRACT LENGTH: 100 Working Days
EXTENSION OF WORK DAYS: 1 Working Day
TOTAL CONTRACT TIME: 101 Working Days
FINAL CONTRACT AMOUNT: $1,478,225.71
DESCRIPTION:

The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount.

CHANGE ORDERS AND LINE ITEM ADJUSTMENTS:

Change Order #1 provided for coordination between the Contractor and Sweetwater Authority to identify, cut and cap an unmarked abandoned utility line. This Change Order total amount was $1,967.66.

Change Order #2 directed the Contractor to assist City Public Works staff with identifying and clearing sewage backup at sewer manhole 172. This Change Order total amount was $3,490.80.

Change Order #3 provided bid line item adjustments for line items which had different quantities measured in the field as opposed to the plans. The City received credits for dewatering, installation of manholes and 12” sewer main, removal of hazardous and unsuitable materials and removals of fencing and sewer laterals. There were some additional costs for additional PCC improvements installed by the Contractor. The net change resulted in a credit to the City. This Change Order total amount was ($158,507.39).

All Change Orders listed above decreased the total contract amount ($153,048.93).

Page 680 of 1135 ends

FINAL CONTRACT BALANCE
P1 Sewer Upsize Project – Phase II National City Blvd/30th St CIP No. 20-01
Original Contract Amount: $1,631,274.64
Change Order Total: ($153,048.93)
New Contract Amount: $1,478,225.71
Line-Item Adjustments: $0.00
Final Contract Balance: $1,478,225.71

CONTRACT ADJUSTMENT:

As a result of the above change orders and line item adjustments, the contract price is adjusted as follows:

1. The final contract price is adjusted to $1,478,225.71

2. As a result of the satisfactory completion of said project, a retention amount of $73,911.30 is set for invoice processing and payment upon the receipt of signatures and City Council’s ratification of this agreement and the Notice of Completion.

This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Ortiz Corporation will not be entitled to damages or additional payment for delays as described in the 2012 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above.

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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:

NAME: CITY OF NATIONAL CITY
ADDRESS: 243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CA 91950

NOTICE OF COMPLETION
CALIFORNIA CIVIL CODE SECTION 3093
NOTICE IS HEREBY GIVEN of the completion on January 11, 2024 of the:

P1 Sewer Upsize Project – Phase II National City Blvd/30th St, CIP No. 20-01 Work of improvement or portion of work of improvement under construction or alteration.

National City Blvd/30th St. National City CA 91950
Street Address City State Zip Code
The undersigned owns the following interest or estate in said property:

Owner in fee
Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Ortiz Corporation
Name of Original Contractor
The following work and material were supplied:

Labor provided: General laborer and operators. Materials: Concrete, asphalt, and SDR-35 sewer Pipe. Equipment: Jack and bore machine, excavator and paving equipment.

General statement of kind of labor, services, equipment or materials The names and addresses of co-owners are: N/A
Joint tenants, tenants in common, or other owners
Dated: November 19, 2024; ______________________________________________ Signature of Owner
City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct.

Executed on November 19, 2024 at, National City, California.

Signature: ______________________________

RON MORRISON, MAYOR

Page 682 of 1135 ends

RESOLUTION NO. 2024 -
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 NO. 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.

WHEREAS, the P-1 Sewer Upsize Project - Phase II, CIP No. 20-01, consisted of replacing approximately 600 linear feet of existing 8-inch sewer main with new 12-inch sewer main and approximately 400 linear feet with new 14-inch pipe (the “Project”); and WHEREAS, additionally, the Project included replacement of an existing 8-inch clay pipe which was identified as undersized in the City’s Sewer Master Plan and had reached the end of its useful life; and
WHEREAS, on October 18, 2022, City Council awarded the contract for the Project to Ortiz Corporation (“Ortiz”) in the amount not to exceed $1,631,274.64 and authorized a 15% contingency in the amount of $244,691 to address any unforeseen conditions that may arise; and WHEREAS, on March 14, 2023, the Notice to Proceed with construction was issued to Ortiz; and
WHEREAS, construction on the Project started on March 20, 2023 and was completed on January 11, 2024; and
WHEREAS, Project change orders and line-item adjustments decreased the contract by $153,048.93, which results in an 9.4% contract decrease to the original contract award, for a final contract balance of $1,478,225.71; and
WHEREAS, the Notice of Completion will be filed with the San Diego County Recorder’s Office.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the City Council hereby accepts the work performed by Ortiz Corporation for the P-1 Sewer Upsize Project – Phase II, CIP No. 20-01.

Section 2: That the City Council hereby approves the final contract balance of $1,478,225.71.

Section 3: That the City Council hereby ratifies the release of retention in the amount of $73,911.30.

Section 4: That the City Council hereby authorizes the Mayor to sign the Notice of Completion.

Page 683 of 1135 ends

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 19th day of November, 2024.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

Page 684 of 1135 ends

AGENDA REPORT
Department: Community Development
Prepared by: Martin Reeder, AICP – Asst. Director of Community Development Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Summary Vacation of an Unused and Undeveloped Section of Paradise Avenue East of Plaza Blvd.

RECOMMENDATION:

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.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

The Planning Commission made a finding of General Plan Conformance.

EXPLANATION:

Executive Summary
The Engineering and Public Works Department is requesting to vacate a portion of undeveloped City right-of-way located on the north side of Paradise Valley Road (see attached Exhibit B). The reason for the request is that the City has a right-of-way constraint along the north side of a creek channel along Paradise Valley Road in this area: the City’s easement over the channel runs along the bottom of the creek and does not include the northern bank of the creek (see attached Exhibit C).

Site Characteristics
The area is adjacent to an undeveloped residential property (“Property”) to the south, and three residential properties to the north. This southern property is zoned RS-1 (Large Lot Residential) and is privately owned. On the south side of said property, adjacent to Paradise Valley Road, is a City drainage channel that is part of a CIP (Capital Improvement Program) enhancement project. The Property is generally used as storage area for contractors engaged in local infrastructure projects. The Property has been kept clean and free of weeds. The right-of-way to be vacated is 60 feet wide and is approximately 19,800 square feet in size. A steep dirt hill occupies approximately 25% of the property to be vacated.

Proposal
The Engineering and Public Works Department is requesting the vacation in association with the Paradise Creek Water Quality and Community Enhancement phase 2 project, currently underway

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(“Project”). The project proposes to make the creek channel wider, which will encroach on to the adjacent private property to the north. Vacating the unused portion of right-of-way (Paradise Avenue), the City has requested an equivalent easement area on the north side of the creek, allowing the City to widen the creek and create an access road necessary for Public Works crews to maintain the channel, which is ready to be executed once approved. The right-of-way proposed to be vacated is 60 feet wide. If vacated, half of the right-of-way (30 feet) will go to the properties on each side.

Analysis
Pursuant to the City’s procedures, the summary vacation process starts with direction from the City Council, which was provided on May 7, 2024. The Planning Commission subsequently held a hearing to consider the conformity of the proposed vacation with the General Plan on May 20, 2024, at which time such a finding was made. The final step is for the City Council to adopt a resolution summarily vacating the street segment in question, which is the subject of tonight’s hearing.

General Plan Conformance
The street segment proposed to be vacated is an undeveloped “paper street” and is not designated as a road or street in the Circulation Element of the General Plan.

Vacating the street in this location would resolve a right-of-way constraint by ensuring an adequate easement over the creek channel in the area. In addition, it would facilitate a CIP project that will improve drainage through the area. The vacation would therefore be consistent with the following General Plan policies:
 Policy S-2.1: Prioritize funding and implementation of needed flood control and drainage improvements.
 Policy S-2.5: Encourage modifications to floodways to restore creek capacity, stabilize creek banks, and restore habitat or water quality, where feasible.

Summary
The General Plan Circulation Element does not identify the area as a road or street. The proposed street vacation does not conflict with the policies and goals of the General Plan. Furthermore, the vacation would resolve a right-of-way constraint and facilitate an important CIP project. Staff is recommending the summary vacation of Paradise Avenue in this location.

Options

1. Order the summary vacation of the unused section of Paradise Avenue; or

2. File the report (deny).

FINANCIAL STATEMENT:

There is an estimated cost of $1,000 to create the metes and bounds and the easement map that will be paid from the Integrated Regional Water Management (IRWM) Grant that is funding the improvements to the drainage channel.

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RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Health, Environment, and Sustainability
ENVIRONMENTAL REVIEW:

This is a project under CEQA subject to a Categorical Exemption. Minor Alterations in Land Use Limitations CCR 15305. This project qualifies for a Notice of Exemption.

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 and Order of Vacation
Exhibit B – Order of Vacation Exhibits
Exhibit C – Location Maps
Exhibit D – Proposed Easement and Street Vacation
Exhibit E – Site Photos
Exhibit F – Notice of Exemption

Page 687 of 1135 ends

RESOLUTION NO. 2024 –

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.

WHEREAS, application was made requesting to vacate and close an unused section of Paradise Avenue east of Plaza Blvd., in the City of National City, County of San Diego, State of California; and
WHEREAS, on May 7, 2024, the City Council of the City of National City conducted a hearing and initiated said vacation and closure of an unused section of Paradise Avenue east of Plaza Blvd.; and
WHEREAS, on May 20, 2024, the Planning Commission of the City of National City considered the proposed vacation and closure, and found and determined that the vacation and closure of an unused section of Paradise Avenue east of Plaza Blvd. conforms with the City's adopted General Plan; and
WHEREAS, the City Council has considered the Planning Commission's report and recommendation, and the presentation of staff regarding the proposed vacation and closure; and WHEREAS, the National City General Plan does not consider the portion of street as an arterial or collector street.

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 street vacation as described on the plans attached to the Agenda Report is made pursuant to Chapter 4 of the California Streets and Highways Code and the City Council hereby determines the following:

1. That the right-of-way to be vacated is not needed for present or future public transportation uses, because the properties abutting the street under consideration will continue to have access public streets.

2. That the area to be vacated is not required as a non-motorized transportation facility for pedestrians, bicyclists, or equestrians.

3. That the vacation of the proposed segment of right-of-way is consistent with the City’s General Plan and because the street is not identified as a road or street in the Circulation Element of the General Plan.

Section 2: That the City Council hereby approves the street vacation subject to the following conditions:

1. That this Street Closure authorizes the vacation of 60 feet by 330 feet of Paradise Avenue east of Plaza Blvd. Except as required by conditions of approval, all plans submitted for

Page 688 of 1135 ends

permits associated with the project shall conform to Exhibit B as attached to the Agenda Report.

2. That within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, all necessary environmental filing fees for the San Diego County Clerk shall be paid.

3. That the entire roadway area being vacated and the adjacent lots shall be kept free of tall weeds and debris per National City Municipal Code section 9.12.020.

4. That the City receive a substitute easement in exchange for the vacated easement.

Section 3: That the Mayor and City Clerk are hereby authorized and directed to execute and attest an Order of Vacation of the above described portion of public right-of-way.

Section 4: That the City Clerk is hereby authorized and directed to cause a certified copy of subject Order to be recorded in the office of the County Recorder of San Diego County, pursuant Section 8336 of the California Streets and Highways Code once the Order of Vacation is executed.

Section 5: That from and after the date that the Order of Vacation is executed, the above-described portion of public right-of-way will no longer constitute a street, except as reserved and excepted herein.

Section 6: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 19th day of November, 2024.
__________________________
Ron Morrison, Mayor
ATTEST:
_________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
__________________________
Barry J, Schultz, City Attorney

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City of National City
Office of the City Clerk
1243 National City Blvd.

National City, CA 91950
Order of Vacation

ORDER OF VACATION
The City of National City, by authority of Resolution No. 2024-xx, duly adopted on November 19, 2024 by the City Council of the City of National City, hereby orders the vacation of an unused section of Paradise Avenue east of Plaza Blvd., more particularly described in Exhibits "A", attached hereto.

Executed this 19th day of November, 2024.
________________________________

RON MORRISON, MAYOR
___________________________________

SHELLEY CHAPEL, MMC, CITY CLERK

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Exhibit “A”

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EXHIBIT " A"

LEGAL DESCRIPTION

PARADISE AVENUE VACATION

THAT PORTION OF THE SOUTHEASTERLY HALF OF PARADISE AVENUE PER ROAD SURVEY NO. 609 ADJOINING ON THE NORTHWEST OF LOT 8 OF B. F.

PRITCHARD'S PARADISE VILLA ADDITION TO NATIONAL CITY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 155, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, JULY 7, 1887, LYING SOUTHERLY OF THE CENTER LINE OF THE COUNTY ROAD (ROAD SURVEY NO. 609) AS SAID ROAD IS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, DATED JULY 28, 1938 AND RECORDED IN BOOK 808, PAGE 154 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8, THENCE NORTH 72°03’23” EAST 329.94 FEET ALONG THE NORTHERLY LINE OF SAID LOT 8, THENCE LEAVING SAID NORTHERLY LINE NORTH 17°43’19” WEST 30.00 FEET, THENCE SOUTH 72°03’23” WEST 330.06 FEET TO A LINE CONNECTION NORTH WEST CORNER OF SAID LOT 8 TO THE CENTER LINE OF THE PARADISE

AVENUE IN DIRECTION THAT IS AT RIGHT ANGLE TO THE CENTER LINE OF THE PARADISE AVENUE, THENCE SOUTH 17°56’37” EAST 30.00 FEET TO THE POINT OF BEGINNING.

RESERVING THEREFROM WITHIN THE ABOVE REAL STATE A FUTURE CITY EASEMENT DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8, THENCE NORTH 72°03’23” EAST 14.32 FEET ALONG THE NORTHERLY LINE OF SAID LOT 8, THENCE LEAVING SAID NORTHERLY LINE OF LOT 8 NORTH 78°20’41” WEST

16.47’ FEET, THENCE SOUTH 17°56’37” EAST 8.13 FEET TO THE POINT OF BEGINNING.

AREA TO BE VACATED EASEMENT AREA 9,900 SQUARE FEET MORE OR LESS.

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RS 609 LOT 8 MAP 155 RS 609 MAP 14734 LOT 40 LOT 8 LOT 9 LOT 10 MAP 4162 EXHIBIT "B" Page 693 of 1135 Location Map 1 – showing in red the proposed portion of the City property to be vacated Hollyhock Ln

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Location Map 2 – showing in red the proposed portion of the City property to be vacated 330 ft
330 ft
60 ft

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Location Map 3 – showing in red the proposed portion of the City property to be vacated

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ENGINEERING DEPARTMENT

AS-BUILT BY DATE

REVISIONS BY CONSTRUCTION RECORDS
DATE STARTED:

INSPECTOR:

DATE
DATE COMPLETED:

SURVEYOR:

BENCHMARK:

HORIZONTAL CONTROL: UNDERGROUND SERVICE ALERT 1-800-227-2600 YOU DIG DAYS BEFORE TWO WORKING A PUBLIC SERVICE BY DIAL BEFORE YOU DIG TOLL FREE Plotted - 4/16/2024 9:28:41 AM :: Saved - 4/16/2024 9:20:10 AM :: C:\pwworking\west01\d3650613\00C-004e.dwg :: GESPANTO PLANS FOR THE IMPROVEMENTS OF: STEPHEN MANGANIELLO, T.E. 2973 DATE PROJECT NO. CIP NO. DIRECTOR PUBLIC WORKS/CITY ENGINEER

APPROVED

EASEMENT EXHIBITPARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENT - PHASE II CITY OF NATIONAL CITY SAMPO ENGINEERING, INC.

LEAD AND BRASS TAG IN CONCRETE WALKWAY, LOCATED IN THE NE CORNER OF G AVE & 19TH ST (PT #1236)

THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA COORDINATE SYSTEM NAD 83, ZONE 6 BETWEEN POINT NUMBERS 1232 AND 3246 AS SHOWN ON ROS 14492. PLANS REVIEWED BY: ENGINEERING DEPARTMENT DATE LUCA ZAPPIELLO PLAN SCALE: 1" = 20' SCALE: 1"=20' 0 20 40 60 PARADISE VALLEY RD EASEMENT EXHIBIT A PRELIMINARY TITLE REPORT PREPARED BY COMMONWEALTH LAND TITLE COMPANY DATED MAY 11, 2022 AS ORDER NO. 669-060-10 PLUS HAS BEEN REVIEWED FOR EXISTING ON-SITE EASEMENTS. SAID EASEMENTS HAVE BEEN PLOTTED HEREON AND REFERENCED BELOW PER SAID PRELIMINARY TITLE REPORT: EXISTING EASEMENT FOR PURPOSES OF PUBLIC HIGHWAY IN FAVOR OF COUNTY OF SAN DIEGO RECORDED AUGUST 4, 1938 IN BOOK 808, PAGE 154 OF OFFICIAL RECORDS. EXISTING EASEMENT FOR OPEN DITCH IN FAVOR OF COUNTY OF SAN DIEGO RECORDED AUGUST 4, 1938 IN BOOK 814, PAGE 99 OF OFFICIAL RECORDS. EXISTING EASEMENT FOR OPEN DITCH AND INCIDENTAL PURPOSES IN FAVOR OF COUNTY OF SAN DIEGO RECORDED DECEMBER 30, 1938 IN BOOK 851, PAGE 386 OF OFFICIAL RECORDS. EXISTING EASEMENT FOR RIGHT TO ENTER UPON, FOR THE PURPOSE OF CONSTRUCTION AND MAINTENANCE OF SAID OPEN DITCH DESCRIBED ON ITEM 7 ABOVE IN FAVOR OF COUNTY OF SAN DIEGO RECORDED DECEMBER 30, 1938 IN BOOK 851, PAGE 386 OF OFFICIAL RECORDS EXISTING EASEMENT FOR ELECTRICITY DISTRIBUTION IN FAVOR OF SAN DIEGO GAS & ELECTRIC COMPANY RECORDED MAY 28, 1952 IN BOOK 4481, PAGE 89 OF OFFICIAL RECORDS. EXISTING EASEMENTS 677.158

CITY OF NATIONAL CITY CITY OF SAN DIEGO
R/W

R/W R/W
R/W
6 7 7.1
5 TO PREVIOUS PROPERTY OWNERS AREA = 9,900 SQ FT
28' EXISTING #5 EASEMENT AREA = 9,465.93 SQ FT EXISTING EASEMENT AREA = 7,603.96 SQ FT EXISTING #6 EASEMENT - AREA = 1,893.36 SQ FT CURRENT SANTOS PROPERTY AREA = 57,736.73 SQ FT N 1831609.32 E 6310694.47

8.11'
30'
30'
315.65' FUTURE SANTOS PROPERTY AREA = 9,841.74 SQ FT

14.35' FUTURE SANTOS PROPERTY (CITY REQUESTS AN EASEMENT) AREA = 58.26 SQ FT 8 5
5 FUTURE CITY EASEMENT FOR 28 FEET TOTAL AREA = 10,543.74 SQ FT C:\pwworking\west01\d3650613\00C-004e.dwg, Plot, 4/16/2024 9:28:37 AM, GESPANTO

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Photo 1 – looking on towards the northeast corner of the property

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Photo 2 – looking on towards the northeast corner of the property

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Photo 4 – looking on towards the northwest corner of the property

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Photo 3 – looking on towards the northwest corner of the property

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COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950

NOTICE OF EXEMPTION
TO: Assessor/Recorder/County Clerk
Attn.: Fish and Wildlife Notices
1600 Pacific Highway, Suite 260
San Diego, CA 92101
MS: A-33
Project Title: 2024-05 SC
Project Location: Unused and undeveloped portion of former Paradise Avenue between Plaza Blvd. and the eastern City boundary.

Lead Agency: City of National City
Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project:

Vacation of 330 feet by 60 feet of former Paradise Avenue east of Plaza Blvd.

Applicant: Telephone Number:

City of National City (619) 336-4380
c/o: Luca Zappiello
1243 National City Blvd.

National City CA 91950
Exempt Status:

Categorical Exemption. Class 35, Section 15305 (Minor Alterations in Land Use Limitations) Reasons why project is exempt:

There is no possibility that the proposed vacation will have a significant impact on the environment since the area to be vacated is an undeveloped street right-of-way that is not identified as a major road (arterial or collector) in the Circulation Element of the General Plan, and is not identified for any future street or alley extension in or near the subject area. The property is less than five acres in size and is surrounded by urban development.

Date:
________________________________
MARTIN REEDER, AICP – Assistant Director of Community Development

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AGENDA REPORT
Department: Community Development
Prepared by: Dionisia Trejo, Administrative Secretary
Meeting Date: Tuesday, November 19, 2024
Approved by: Benjamin A. Martinez, City Manager
SUBJECT:

Temporary Use Permit – Chrome Ball Tour Hosted by San Diego Football Club at Kimball Park on November 23, 2024, 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 and in Accordance with City Council Policy 802.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

This is a request from the San Diego Football Club to conduct the Chrome Ball Tour at Kimball Park on November 23, 2024, from 9 a.m. to 2 p.m. Set up for this event will commence at 6 a.m. and dismantling by 3 p.m. This tour unites and recognizes the diverse neighborhoods of San Diego County through a harmonious blend of soccer, arts, and the vibrant cultures that define the region. This event is completely free to all attendees and delivers an immersive and unforgettable celebration of the beautiful game of soccer, fosters community spirit, and showcases the dynamic essence of San Diego. NOTE: This is the first time this organization has requested a Temporary Use Permit.

FINANCIAL STATEMENT:

Total TUP cost is $1,724.47: (1) City processing fee of $312.00, (2) Fire Permit for $211.00; and (3) $1,201.47 for Public Works.

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

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1 City of National City ■ Neighborhood Services Department 1243 National City Boulevard ■ National City, CA 91950
(619) 336-4364 ■ fax (619) 336-4217
www.nationalcityca.gov
Special Event Application
Type of Event..

Fair/Festival Parade/March Walk or Run Concert/Performance TUP Sporting Event Other (specify)
Event Name & Location..

Event Title
Event Location (list all sites being requested)
Event Times..

Set-Up Starts
Date Time Day of Week
Event Starts
Date Time Day of Week
Event Ends
Date Time Day of Week
Breakdown Ends
Date Time Day of Week
Applicant Information..

Applicant (Your name) Sponsoring Organization
Event Coordinator (if different from applicant)
Mailing Address
Day Phone After Hours Phone Cell _Fax
Public Information Phone E-mail
Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney’s fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law.

Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City’s Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City’s refund policy for application processing and facility use and that fees and charges are adjusted annually and are subject to change.

Signature of Applicant: Date
✔
Chrome Ball Tour - National City Kimball Park; Parking Lot 11/23/2024 6:00AM Saturday 11/23/2024 9:00AM Saturday 11/23/2024 2:00PM Saturday 11/23/2024 3:00PM Saturday Dike Anyiwo San Diego Football CLub Jenna Peterson 2100 Kettner Blvd. Suite 350, San Diego Ca 92101 951-816-0028 951-816-0028 951-816-0028 [email protected] 9/12/24

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2 V
Special Event Application (continued)
Please complete the following sections with as much detail as possible since fees and requirements are based on the information you provide us.

Fees/Proceeds/Reporting..

Is your organization a “Tax Exempt, nonprofit” organization? Yes No Are admission, entry, vendor or participant fees required? Yes No If YES, please explain the purpose and provide amount (s):
$ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event.
$ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event?
Description of Event..

First time event Returning Event include site map with application Note that this description may be published in our City Public Special Events Calendar:

Estimated Attendance..

Anticipated # of Participants: Anticipated # of Spectators:
✔
✔
✔ ✔
This family friendly community event seeks to recognize and unite the diverse communities of San Diego County through a blend ofsoccer, arts, and the vibrant cultures that define the region. Every stop of the Chrome Ball Tour is completely free to all attendees. 500 Max 150 Max

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3 V
Traffic Control, Security, First Aid and Accessibility..

Requesting to close street(s) to vehicular traffic? Yes No List any streets requiring closure as a result of the event (provide map):

Date and time of street closure: Date and time of street reopening:

Other (explain)
Requesting to post “no parking” notices? Yes No
Requested “No Parking” on city streets and/or parking lots (list streets/parking lots) (provide map):

Other (explain)
Security and Crowd Control
Depending on the number of participants, your event may require Police services.

Please describe your procedures for both Crowd Control and Internal Security:

Have you hired Professional Security to handle security arrangements for this event? Yes No If YES, name and address of Security Organization Security Director (Name): Phone:

If using the services of a professional security firm and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission. .

Is this a night event? Yes No If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators:
✔
✔
✔
Parking lot at Kimball Park We hire Contemporary Services Corporation (CSC Security) for all Chrome Ball Tour events, and also draft Emergency Response/Evacuation Pla ✔ Contemporary Services Corporation Adam Long 720-240-8854 ✔

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4 First Aid.

Depending on the number of participants, your event may require specific First Aid services. First aid station to be staffed by event staff? Yes No First aid/CPR certified? Yes No

First aid station to be staffed by professional company. ► Company If using the services of a professional medical organization/company and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission.

Accessibility.

Please describe your Accessibility Plan for access at your event by individuals with disabilities:

Elements of your Event
Setting up a stage? Yes No
Requesting City’s PA system
Requesting City Stage; if yes, which size? Dimensions (13x28) Dimensions (20x28) Applicant providing own stage ► (Dimensions)
Setting up canopies or tents?
# of canopies size
# of tents size
No canopies/tents being set up
✔ ✔
✔
Responsive Medical Services Maintain clear fire lane and walking paths Designate ADA parking spaces ✔ 12 10’x10’

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5 Setting up tables and chairs?
Furnished by Applicant or Contractor
# of tables No tables being set up
# of chairs No chairs being set up
(For City Use Only) Sponsored Events – Does not apply to co-sponsored events # of tables No tables being set up
# of chairs No chairs being set up
Contractor Name
Contractor Contact Information Address City/State Phone Number Setting up other equipment?
Sporting Equipment (explain)
Other (explain)
Not setting up any equipment listed above at event
Having amplified sound and/or music? Yes No
PA System for announcements CD player or DJ music
Live Music ► Small 4-5 piece live band ► Large 6+ piece live band Other (explain)
If using live music or a DJ. ► Contractor Name
► Address City/State Phone Number
✔
1212-24 ✔ Small pop-up soccer goals, tape for touchlines ✔ ✔ ✔
DJ Beto Perez 2100 Kettner Blvd Suite 350 San Diego, Ca 951-816-0028

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6 V
V
V
V
Using lighting equipment at your event? Yes No
Bringing in own lighting equipment
Using professional lighting company ► Company Name
Address City/State Phone Number
Using electrical power? Yes No Using Kimball Park Bowl
Lighting (from_____to____)
Using on-site electricity For sound and/or lighting For food and/or refrigeration Bringing in generator(s) For sound and/or lighting For food and/or refrigeration Vendor Information
Vendor Information
PLEASE NOTE: You may be required to apply for a temporary health permit if food or beverages are sold of given away during your special event. Also see ‘Permits and Compliance’ on page 8 in the Special Event Guide. For additional information on obtaining a temporary health permit, please contact the County of San Diego Environmental Health at (619) 338-2363.

Having food and non-alcoholic beverages at your event? Yes No Vendors preparing food on-site ► # ► Business License # If yes, please describe how food will be served and/or prepared:

If you intend to cook food in the event area please specify the method:

GAS ELECTRIC CHARCOAL OTHER (Specify):

Vendors bringing pre-packaged food ► # ► Business License #_ Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ► # Vendors selling food # ► Business License #(s)
Vendors selling merchandise # ► Business License #(s)
Food/beverages to be handled by organization; no outside vendors Vendors selling services # ► Business License #(s)
► Explain services
Vendors passing out information only (no business license needed) #_ ► Explain type(s) of information
No selling or informational vendors at event
✔
✔
✔ ✔
✔
✔
✔
✔
TBC - Food Trucks ✔
Food Trucks

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National City City CouncilNovember 19, 2024

National City City Council
November 19, 2024