AGENDA
Consolidated Regular Meeting

Tuesday, November 19, 2024 at 6:00 P.m. - 11:00 P.m.

City Council Chamber - 1243 National City Boulevard

National City, CA

And
Teleconference Location
(Councilmember Molina)
Dallas Marriott Downtown Hotel
650 N. Pearl Street
Dallas, TX 75201

Room Number: To Be Determined

(Per Government Code 54953)

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1.

CALL TO ORDER

2.

ROLL CALL

3.

PLEDGE OF ALLEGIANCE TO THE FLAG

4.

INVOCATION

5.

PUBLIC COMMENT

In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda.  Speakers will have up to three (3) minutes.

6.

PROCLAMATIONS AND RECOGNITION

6.1

Proclamation - Latina Equal Pay Day

6.2

Introduction of New City Employees

7.

PRESENTATION (Limited to Five (5) Minutes each)

7.1

Community Calendar

8.

REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)

Per Government Code Section 53232.3(d) also known as AB1234: Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

9.

INTERVIEWS AND APPOINTMENTS

9.1

Appointments: City Boards, Commissions and Committees – Mayoral Appointment to the Traffic Safety Committee.

• Recommendation:

  Mayoral Appointment with City Councilmembers’ Confirmation.

9.2

Approval of the City Council to Reappoint Incumbent to the Port Commissioner Position for a 4-Year Term.

• Recommendation:

  Provide Staff Direction. As a City Council Appointment this action would require the majority of the City Council to move forward with this approach.

10.

CONSENT CALENDAR

The Consent Calendar may be enacted in one motion by the City Council with a Roll Call Vote without discussion unless a Councilmember, a member of the Public, or the City Manager requests an item be removed for discussion. Items removed from the Consent Calendar will be considered immediately following the adoption of the Calendar.

10.1

Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda

10.2

Establishing American Rescue Plan Act (ARPA) Appropriations for Capital Projects

• Recommendation:

  Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Establishment of American Rescue Plan Act Fund Appropriations for the Following Capital Projects: A) Kimball Park Lighting in the Amount of $228,800; B) Las Palmas Park Improvements in the Amount of $2,902,002; C) El Toyon Park Improvements in the Amount of $822,762; and D) Police Department Facility Upgrades in the Amount of $1,420,880; and 2) Authorizing the Establishment of Appropriations in the Amount of $95,435 in the Vehicle Acquisition Fund for Transfer to the American Rescue Plan Act Fund.”

10.3

Approval of City Council Meeting Minutes.

• Recommendation:

  Approve and File.

10.4

Acceptance of an Easement for Channel Construction and Maintenance Along the North Side of Paradise Creek, Located North of Paradise Valley Road and East of Plaza Blvd

• Recommendation:

  Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Accepting and Authorizing the Mayor to Sign a Grant of Easement from the Santos Family Trust 08-11-03 for an Area Along the North Side of Paradise Creek, Located North of Paradise Valley Road and East of Plaza Blvd, for Channel Construction and Maintenance."

10.5

Adopting an updated Quality Assurance Program (QAP)

• Recommendation:

  Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Adopting an Updated Quality Assurance Program that Provides Sampling and Testing Procedures to Ensure that Materials Incorporated into Construction Projects are in Conformance with the Contract Specifications and Caltrans Requirements for Federal-Aid Projects; and 2) Authorizing the City Manager or their Designee to Execute the Quality Assurance Program.”

10.6

Agreement with the City of Chula Vista to Provide Animal Shelter Services and Related Administrative Services.

• Recommendation:

  Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute an Agreement with the City of Chula Vista for Animal Shelter and Related Administrative Services for National City in a Not-to-Exceed Amount of $499,656 for Fiscal Year 2025.”

10.7

Agreement with the Solana Center for Environmental Innovation for Senate Bill (SB) 1383 Compliance Support Services.

• Recommendation:

  Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Mayor to Execute an Agreement with the Solana Center for Environmental Innovation for SB 1383 Compliance Support Services for a Not-to-Exceed Amount of $165,976, and 2) Authorizing the Re-Budgeting of the Appropriation in the Amount of $165,976 in the Trash Rate Stabilization Fund.”

10.8

Amendments and Additions to the City of National City’s Schedule of Job Classifications and the Management and Confidential Positions Salary Schedule.

• Recommendation:

  Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Creating Three (3) New Job Classifications, Revising the Job Descriptions for Six (6) Existing Job Classifications, Approving Two (2) Reclassifications, and amending the National City Confidential and Management Positions Salary Schedules to Reflect the New Job Classifications.”

10.9

Annual Update of Investment Policy, City Council Policy No. 203

• Recommendation:

  Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Adopting City Council Policy No. 203, Investments.”

10.10

Approval of a Construction and Maintenance Agreement with San Diego Metropolitan Transit System to allow National City to Use a Portion of the 8th Street Transit Center Parking Lot for the Construction and Use of a Covered Storage Area with Solar Charging

• Recommendation:

  Adopt a Resolution Entitled, “Resolution of the City Council of the City National City, California, Authorizing the Mayor to Execute a Construction and Maintenance Agreement with San Diego Metropolitan Transit System for Use of a Portion of the 8th Street Transit Center Lot for Construction and Operations Related to the Free Ride Around National City Neighborhood Electric Vehicle Shuttle Program.”

10.11

Authorizing the Purchase of an Aerial Boom Truck for the Public Works Parks Division

• Recommendation:

  Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.110(B) Regarding Exceptions to Formal Competitive Bidding and Authorizing the Purchase of a 2025 Freightliner Forestry Aerial Boom Truck from Commerce Truck Equipment Sales, LLC in a Not-to-Exceed Amount of $254,795.06 for the Public Works Parks Division; 2) Authorizing the Establishment of an Appropriation in the Amount of $254,796 in the Vehicle Acquisition Fund; and 3) Authorizing the City Manager to Approve Adjustments of Up to $25,479 to the Not-to-Exceed Amount for the Purchase as a 10% Contingency for Unforeseen Fluctuations in Pricing.”

10.12

Awarding a Contract to AP General Corp for the Las Palmas Park Improvements Project, CIP No. 24-13.

• Recommendation:

  Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Rejecting All Bids Received on September 13, 2024 for the Las Palmas Park Improvements Project, CIP No. 24-13; 2) Awarding a Contract to A.P. General Corporation in the Not-to-Exceed Amount of $3,189,002 for the Las Palmas Park Improvements Project, CIP No. 24-13; 3) Authorizing a 15% Contingency in the Amount of $478,350 for any Unforeseen Changes; 4) Authorizing the Mayor to Execute the Contract; and 5) Authorizing the Establishment of an Appropriation of $2,189,002 in the American Rescue Plan Act Fund for the Las Palmas Park Improvements Project.”

10.13

Awarding a Contract to Aster Construction Services for the FY24 and FY25 ADA Improvements Project CIP No. 24-04.

• Recommendation:

  Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Rejecting All Bids Received on May 17, 2024 for the FY24 and FY25 ADA Improvements Project, CIP No. 24-04; 2) Awarding a Contract to Aster Construction Services in the Not-to-Exceed Amount of $990,716 for the FY24 and FY25 ADA Improvements Project, CIP No. 24-04; 3) Authorizing a 15% Contingency in the Amount of $148,607 for any Unforeseen Changes; and 4) Authorizing the Mayor to Execute the Contract.”

10.14

Awarding a Contract to Blok Modular Constructors, Inc. for the Las Palmas Pool Modular Buildings Project, CIP 24-18.

• Recommendation:

  Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Blok Modular Constructors, Inc. in the Not-to-Exceed Amount of $713,000 for the Las Palmas Pool Modular Buildings Project, CIP No. 24-18; 2) Authorizing a 15% Contingency in the Amount of $106,950 for any Unforeseen Changes; 3) Authorizing the Mayor to Execute the Contract; and 4) Authorizing the Establishment of an Appropriation of $713,000 in the American Rescue Plan Act Fund for the Las Palmas Pool Modular Buildings Project.”

10.15

Awarding a Contract to Dick Miller Inc. for the El Toyon Park Proposition 68 Improvements, CIP No. 22-26.

• Recommendation:

  Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, 1) Rejecting All Bids Received on June 13, 2024, for the El Toyon Park Proposition 68 Improvements, CIP No. 22-26; 2) Awarding a Contract to Dick Miller, Inc. in the Not-to-Exceed amount of $5,334,781 for the El Toyon Park Proposition 68 Improvements, CIP No. 22-26; 3) Authorizing a 10% Contingency in the Amount of $533,478 for any Unforeseen Changes; 4) Authorizing the Mayor to Execute the Contract; and 5) Authorizing the Establishment of an Appropriation of $822,762 in the American Rescue Plan Act Fund for the El Toyon Park Proposition 68 Improvements.”

10.16

Awarding a Contract to Endelos Construction, LLC, for the Police Department Generator and Electrical Upgrades Project, CIP No. 20-04.

• Recommendation:

  Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California 1) Rejecting All Bids Received on May 9, 2024 for the Police Department Generator and Electrical Upgrades Project, CIP No. 20-04; 2) Awarding a Contract to Endelos Construction LLC in the Not-to-Exceed Amount of $1,420,880 for the Police Department Generator and Electrical Upgrades Project, CIP No. 20-04; 3) Authorizing a 15% Contingency in the Amount of $213,132 for any Unforeseen Changes; 4) Authorizing the Mayor to Execute the Contract; and 5) Authorizing the Establishment of an Appropriation in the Amount of $1,420,880 in the American Rescue Plan Act Fund for the Police Department Generator and Electrical Upgrades Project”

10.17

Awarding a Contract to Huntington Beach Electric, Inc. for the Kimball Park Ballfield Lighting Improvements Project, CIP No. 24-10.

• Recommendation:

  Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Huntington Beach Electric, Inc. in the Not-to-Exceed Amount of $228,800 for the Kimball Park Ballfield Lighting Improvements Project, CIP No. 24-10; 2) Authorizing a 15% Contingency in the Amount of $34,320 for any Unforeseen Changes; 3) Authorizing the Mayor to Execute the Contract; and 4) Authorizing the Establishment of an Appropriation of $228,800 in the American Rescue Plan Act Fund for the Kimball Park Ballfield Lighting Improvements Project.”

10.18

Awarding a Contract to Martin Marietta San Diego Aggregates LLC dba ATP General Engineering Contractors for the FY24 and FY25 Pavement Rehabilitation Project, CIP NO. 23-15.

• Recommendation:

  Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Rejecting All Bids Received on May 21, 2024 for the FY24 and FY25 Pavement Rehabilitation Project, CIP No. 23-15; 2) Awarding a Contract to Martin Marietta San Diego Aggregates, LLC dba ATP General Engineering Contractors in the Not-to-Exceed Amount of $5,732,474 for the FY24 and FY25 Pavement Rehabilitation Project, CIP No. 23-15; 3) Authorizing a 10% Contingency in the Amount of $573,247 for any Unforeseen Changes; and 4) Authorizing the Mayor to Execute the Contract.”

10.19

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

• 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.”

10.20

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

• 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.

10.21

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.”

10.22

FY 2023-24 Development Impact Fees Annual Report

• Recommendation:

  Accept and File the Report.

10.23

Installation of 19 Feet of Red Curb “No Parking” in Front of the Residence Located at 2130 E. 12th Street to Improve Visibility at the Intersection of E. 12th Street and Grove Street.

• 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.”

10.24

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

• 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.”

10.25

Notice of Decision – Planning Commission approval of a Conditional Use Permit (CUP) for beer and wine sales at an existing restaurant (Mr. Pulpo Seafood) located at 831 East 8th Street.

• 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.

10.26

Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) Modification for Beer and Wine Sales at a New Restaurant (Tacos El Franc) Located at 3030 Plaza Bonita Road, Suite 1108.

• 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.

10.27

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.”

10.28

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.”

10.29

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.

10.30

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.”

10.31

Temporary Use Permit – Chrome Ball Tour Hosted by San Diego Football Club at Kimball Park on November 23, 2024, with No Waiver of Fees.

• 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.

10.32

Temporary Use Permit – Kimball Park Spring Carnival Hosted by Paul Maurer Shows at Kimball Park from Thursday, April 3, 2025, through Sunday, April 6, 2025, with No Waiver of Fees.

• 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.

10.33

Vehicle Purchase for the Fire Department

• Recommendation:

  Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract #091521-NAF with National Auto Fleet Group for the Purchase and Buildout of a 2024 Ford Super Duty F-250 SRW (W2B) XLT 4WD Crew Cab; 2) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.220(B) Regarding the Purchasing of Emergency Lighting and Controller for the New Vehicle; 3) Approving the Purchase of a Flatbed Trailer and Camper Shell from the Lowest Responsive, Responsible Bidders; and 4) Approving the Establishment of Appropriations and Transfers and a Corresponding Revenue Budget in the General Fund and Vehicle Replacement Fund Based on Funding from the Lower Sweetwater Fire Protection District’s Equipment Replacement Fund in a Not-to-Exceed Amount of $95,040.00.”

10.34

Investment transactions for the Month Ended July 31, 2024.

• Recommendation:

  Accept and File the Investment Transaction Ledger for the Month Ended July 31, 2024.

10.35

Investment Transactions for the Month Ended August 31, 2024.

• Recommendation:

  Accept and File the Investment Transaction Ledger for the Month Ended August 31, 2024.

10.36

Warrant Register #11 for the period of 9/06/24 through 9/12/24 in the amount of $2,289,177.07

• Recommendation:

  Ratify Warrants Totaling $2,289,177.07

10.37

Warrant Register #12 for the period of 9/13/24 through 9/19/24 in the amount of $377,403.34

• Recommendation:

  Ratify Warrants Totaling $377,403.34

10.38

Warrant Register #13 for the period of 9/20/24 through 9/26/24 in the amount of $4,514,198.70

• Recommendation:

  Ratify Warrants Totaling $4,514,198.70

10.39

Warrant Register #14 for the period of 9/27/24 through 10/03/24 in the amount of $1,984,481.70

• Recommendation:

  Ratify Warrants Totaling $1,984,481.70

10.40

Warrant Register #15 for the period of 10/04/24 through 10/10/24 in the amount of $2,936,574.06

• Recommendation:

  Ratify Warrants Totaling $2,936,574.06

10.41

Warrant Register #16 for the Period of 10/11/24 through 10/17/24 in the Amount of $6,085,986.34

• Recommendation:

  Ratify Warrants Totaling $6,085,986.34

11.

PUBLIC HEARING

The following item(s) have been advertised as public hearing(s) as required by law.

11.1

Conditional Use Permit for the Sale of Beer, Wine, and Distilled Spirits (ABC Type-21) at an Existing Grocery Store (Manolo Farmers Market) located at 303 Highland Avenue.

• Recommendation:

  Staff Recommends Adoption of the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving a Conditional Use Permit for the Sale of Beer, Wine, and Distilled Spirits (ABC Type-21) at an Existing Grocery Store (Manolo Farmers Market) Located at 303 Highland Avenue.”

11.2

Amendment of Chapter 18.29 of the National City Municipal Code to Add Regulations for the Mixed-Use Overlay Zone.

• Recommendation:

  Adopt the Ordinance Entitled: “An Ordinance of the City Council of the City of National City, California, Amending Chapter 18.29 of the National City Municipal Code to Add Regulations for the Mixed-Use Overlay Zone.”

11.3

Amendment to the 2024 Regional Transportation Improvement Program (RTIP).

• Recommendation:

  Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving an Amendment to the Transnet Local Street Improvement Program of Projects for National City for Fiscal Years 2022, 2023 and 2024 to Increase Local Transnet Funding for Street Resurfacing (NC03) in the Amount of $500,000 through a Transfer of Funds from Traffic Signal Install/Upgrade (NC04).”

11.4

Introduction and First Reading of the Ordinance Establishing Speed Limits Based on Engineering and Traffic Surveys

• Recommendation:

  Introduce Ordinance by First Reading, entitled, “Ordinance of the City Council of the City of National City, California, Establishing Speed Limits on Portions of Sweetwater Road Based on Engineering and Traffic Surveys and Authorizing the Director of Public Works to Post Speed Limit Signs Consistent with the Recommendations of the Engineering and Traffic Surveys.”

12.

STAFF REPORTS

12.1

City of National City Annual Comprehensive Financial Report (ACFR) for the Fiscal Year Ended June 30, 2023

• Recommendation:

  Accept and file the reports.

13.

CITY MANAGER’S REPORT

14.

ELECTED OFFICIALS REPORT

14.1  POLICY 105 REQUEST - A Motion of Censure of Councilmember Jose Rodriguez for a Pattern of Violations of the Code of Conduct to be Placed on the Regular Council Meeting of December 3, 2024.  Requested by Mayor Morrison.

15.

CITY ATTORNEY REPORT

16.

ADJOURNMENT

Regular Meeting of the City Council of the City of National City - Tuesday, December 3, 2024 - 6:00 p.m. - Council Chambers - National City, California.