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2024 10-15 CC AGENDA PKT
AGENDA Consolidated Regular Meeting City Council Chamber - 1243 National City Boulevard, National City, CA Ron Morrison, Mayor Ditas Yamane, Vice-Mayor – District 3 Benjamin A. Martinez, City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Luz Molina, Councilmember- District 1 Shelley Chapel, MMC, City Clerk Jose Rodriguez, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________ The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency Thank you for participating in local government and the City of National City Council Meetings. Meetings: Regular City Council Meetings are held on the first and third Tuesday of the month at 6:00 p.m. Special Closed Session Meetings and Workshops may be same day, the start time is based on needs. Check Special Agendas for times. Location: Regular City Council Meetings are held in the Council Chamber located at City Hall, 1243 National City Boulevard, National City, CA 91950, the meetings are open to the public. Agendas and Material: Agendas and Agenda Packet for items listed are available on the City website, and distributed to the City Council no less than 72 hours before the City Council Meeting. Sign up for E-Notifications to receive alerts when items are posted. Public Participation: Encouraged in a number of ways as described below. Members of the public may attend the City Council Meeting in person, watch the City Council Meeting via live web stream, or participate remotely via Zoom. Recording of Meetings are archived and available for viewing on the City’s website. Public Comment: Persons wishing to address the City Council on matters not on the agenda may do so under Public Comments. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker’s Slip to the City Clerk before the meeting or immediately following the announcement of the item. All comments will be limited up to three (3) minutes. The Presiding Officer shall have the authority to reduce the time allotted to accommodate for a large number of speakers. (City Council Policy 104) EFFECTIVE JANUARY 1, 2023 All Contributions to Candidates and Current Elected Officials are required to self-report a Declaration of Campaign Contribution to a Councilmember of more than $250 within the past year (effective Jan 1, 2023). This report may be included on the Public Comment Speaker Slip to be completed prior to the City Council Meeting. If you wish to submit a written comment email to the City Clerk’s Office at least 4 hours before the City Council Meeting to allow time for distribution to the City Council. Spanish Interpretation Services: Spanish Interpretation Services are available; please contact the City Clerk before the start of the meeting for assistance. American Disabilities Act Title II: In compliance with the American Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation to participate in a meeting should direct such request to the City Clerk’s Office (619) 336-4228 at least 24 hours in advance of the meeting. AGENDA Consolidated Regular Meeting City Council Chamber - 1243 National City Boulevard, National City, CA Ron Morrison, Mayor Ditas Yamane, Vice-Mayor – District 3 Benjamin A. Martinez, City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Luz Molina, Councilmember – District 1 Shelley Chapel, MMC, City Clerk Jose Rodriguez, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________ The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency Gracias por participar en las reuniones del gobierno local y del Consejo de la Ciudad de National City. Reuniones: Las reuniones regulares del Consejo Municipal se llevan a cabo el primer y tercer martes del mes a las 6:00 p.m. La reunión especial de sesión privada y los talleres pueden ser el mismo día, la hora de inicio se basa en las necesidades. Consulte las agendas especiales para conocer los horarios. Ubicación: Las reuniones regulares del Concejo Municipal se llevan a cabo en la Cámara del Consejo ubicada en el Ayuntamiento, 1243 National City Boulevard, National City, CA 91950, las reuniones están abiertas al público. Agendas y Material: Las Agendas y el Paquete de Agenda para los temas enumerados están disponibles en el sitio web de la Ciudad y se distribuyen al Concejo Municipal no menos de 72 horas antes de la Reunión del Concejo Municipal. Regístrese para recibir notificaciones electrónicas cuando se publiquen artículos. Participación pública: Se fomenta de varias maneras como se describe a continuación. Los miembros del público pueden asistir a la Reunión del Concejo Municipal en persona, ver la Reunión del Concejo Municipal a través de la transmisión web en vivo o participar de forma remota a través de Zoom. Las grabaciones de las reuniones están archivadas y disponibles para su visualización en el sitio web de la Ciudad. Comentario Público: Las personas que deseen dirigirse al Concejo Municipal sobre asuntos que no están en la agenda pueden hacerlo bajo Comentarios públicos. Quienes deseen hacer uso de la palabra sobre los temas del programa podrán hacerlo cuando se esté examinando el tema. Por favor, envíe una solicitud del orador al Secretario de la Ciudad antes de la reunión o inmediatamente después del anuncio del artículo. Todos los comentarios estarán limitados a tres (3) minutos. El Presidente tendrá la autoridad para reducir el tiempo asign ado para dar cabida a un gran número de oradores. (Política del Concejo Municipal 104) Si desea enviar comentarios por escrito, envíe un correo electrónico a la Oficina del Secretario de la Ciudad al menos 4 horas antes de la Reunión del Consejo Municipal para dar tiempo a la distribución al Consejo Municipal. A PARTIR DEL 1 DE ENERO DE 2023 Todas las contribuciones a los candidatos y funcionarios electos actuales deben autoinformar una Declaración de contribución de campaña a un concejal de más de $ 250 e n el último año (a partir del 1 de enero de 2023). Este informe puede incluirse en el Recibo del orador de comentarios públicos que se completará antes de la reunión del Concejo Municipal Servicios de interpretación en español: Los servicios de interpretación en español están disponibles, comuníquese con el Secretario de la Ciudad antes del inicio de la reunión para obtener ayuda. Título II de la Ley de Discapacidades Americanas: En cumplimiento con la Ley de Discapacidades Americanas de 1990, las personas con discapacidad pueden solicitar una agenda en formatos alternativos apropiados según lo requerido por el Título II. Cualquier persona con una discapacidad que requiera un modificación o adaptación para participar en una reunión debe dirigir dicha solicitud a la Oficina del Secretario de la Ciudad (619) 336 -4228 al menos 24 horas antes de la reunión. REVISED AGENDA Consolidated Regular Meeting Tuesday, October 15, 2024, 6:00 p.m. City Council Chamber - 1243 National City Boulevard National City, CA Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG 4.INVOCATION 5.PUBLIC COMMENT In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. Speakers will have up to three (3) minutes. 6.PROCLAMATIONS AND RECOGNITION 6.1 Employee of the Quarter 7 7.PRESENTATION (Limited to Five (5) Minutes each) 7.1 Annual Report to Council - Planning Commission 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.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. 9.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda *9.2 Amending City Council Policy Nos. 101, 104, 106, 107, and 121.8 Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending City Council Policy Nos. 101, 104, 106, 107, and 121.” 9.3 Approval of City Council Meeting Minutes.64 Recommendation: Approve and File. 9.4 Approving Proposed Amendments to the Planning Commission Bylaws.73 Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving Proposed Amendments to the Planning Commission Bylaws.” 9.5 Authorize the purchase of a Light-Structure System from Musco Sports Lighting, LLC for the Kimball Park Ballfields. 93 Recommendation: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract # 041123-MSL with Musco Sports Lighting, LLC, for the Purchase of a Light- Structure System in a Not-to-Exceed Amount of $292,350 for the Kimball Park Ballfields; and 2) Authorizing the Establishment of an Appropriation of $292,350 in the American Rescue Plan Act fund for the Kimball Park Ballfield Lighting Project.” Page 2 of 520 9.6 Authorize the Purchase of Six (6) Ford Police Utility Interceptors for the National City Police Department 136 Recommendation: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto County of San Diego Contract # 570454 with Kearny Mesa Ford for the Purchase Six 2025 Ford Police Utility B/W AWD Interceptors in a Not-to-Exceed Amount of $323,000 for the National City Police Department; and 2) Authorizing the City Manager to Approve Adjustments of up to $32,300 to the Not-to-Exceed Amount for the Purchase as a 10% Contingency for Unforeseen Fluctuations in Pricing.” *9.7 Awarding a Contract to Aster Construction Services for the Central Community Mobility Enhancements Project, CIP No. 19-23. 181 Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Aster Construction Services in the Not-to-Exceed Amount of $1,915,050 for the Central Community Mobility Enhancements Project, CIP No. 19-23; 2) Authorizing a 15% Contingency in the Amount of $287,257.50 for any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Contract.” 9.8 Bayshore Bikeway - Segment 5 project, CIP 22-33, ATP Cycle 4, Grant Appropriation for Construction (CON) Phase. 205 Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Mayor to Execute Program Supplement Agreement No. F030 with the State of California Department of Transportation for the Bayshore Bikeway - Segment 5 project, CIP 22-33, ATP Cycle 4; 2) Authorizing the Establishment of an Engineering Grants Fund Appropriation of $5,421,000 and Corresponding Revenue Budget; and 3) Committing to Providing a Local Match of $710,000.” 9.9 California Library Adult and Family Literacy Services Grant Funds Acceptance 222 Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager or his Designee to Accept the California Library Literacy Services (CLLS) grant of $63,375 from the California State Library to Fund the National City Public Library’s Literacy Services Programs for FY2025 and Authorizing the Establishment of a Library Grants Fund Appropriation of $63,375 and Corresponding Revenue Budget.” Page 3 of 520 9.10 Enterprise Storage System Lifecycle Replacement 227 Recommendation: Adopt a Resolution Entitled: “Resolution of the City Council of the City of National City, California, Waiving the Bid Process by Utilizing Pricing and Contracts, Amendments, and Extensions from the National Intergovernmental Purchasing Alliance (NIPA) Technical Solutions Contract # 2018011 with CDWG LLC to Purchase Enterprise Storage System (ESS) Hardware, Software, and Related Services for an Amount Not-to-Exceed $314,101.94 Pursuant to National City Municipal Code Section 2.60.260.” 9.11 First Amendment to the Agreement with Neri Landscape Architecture for On- Call Consulting Services for the City’s Capital Improvement Program (CIP) 288 Recommendation: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a First Amendment to the Agreement with Neri Landscape Architecture to Extend the Agreement by One-Year to September 6, 2025.” 9.12 First Amendment to the Housing Consultant Agreement with Keyser Marston Associates, Inc. 293 Recommendation: Adopt the Resolution Entitled, "Resolution of the Board of the Community Development Commission-Housing Authority of the City of National City, California, Authorizing the Executive Director to Execute the First Amendment to the Consultant Agreement with Keyser Marston Associates, Inc. to Increase the Not-To-Exceed to $455,000, and Authorize the Establishment of an Appropriation in the Amount of $425,000 in the Housing Authority Fund with a Corresponding Revenue Budget Based on Housing Acceleration Program (“HAP”) 2.0 Grant Funds.” 9.13 Kimball Highland Project Public Access Easement for Pedestrian and Vehicular Access 298 Recommendation: Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute a Public Access Easement for Pedestrian and Vehicular Access Agreement by and Between the City of National City, D Avenue Housing Associates, L.P., and Kimball Tower Housing Associates L.P.” Page 4 of 520 9.14 Kimball Senior Center Lease with D Avenue Housing Associates, L.P.323 Recommendation: Adopt the Resolution Entitled, "Resolution of the City of National City, California, Authorizing the City Manager to Execute a Commercial Lease By and Between the City of National City (“Tenant”) and D Avenue Housing Associates, a California Limited Partnership (“Landlord”) for the Kimball Senior Center Facility for 65 Years at a Rent Equal to $1.00 Per Year.” 9.15 Notice of Decision – Planning Commission approval of a Conditional Use Permit (CUP) for beer and wine sales at an existing restaurant (La Malcriada Birrieria) located at 1604 E. 18th Street, Suites A & B. 352 Recommendation: Staff Recommends Approval of the Sale of On-Site Beer and Wine, Subject to the Recommended Conditions in Planning Commission Resolution No. 2024- 15, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol is a Conditionally-Allowed Use in Minor Mixed-Use Corridor Zone and Would be Accessory to Food Sales in the Restaurant. 9.16 Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) for the Addition of Distilled Spirits to an Existing Beer and Wine License at Manolo Farmers Market Located at 303 Highland Avenue. 393 Recommendation: Staff Recommends Approval of the Addition of Distilled Spirits to the Existing Sale of Off-Sale Beer and Wine, Subject to the Recommended Conditions in the Attached Planning Commission Resolution No. 2024-14, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol is a Conditionally-Allowed Use in the Minor Mixed-Use Corridor (MXC-1) Zone and Would Continue to be Accessory to the Retail Sales at the Existing Grocery Store. 9.17 Notice of Decision – Planning Commission Approval of a Tentative Parcel Map (TPM) Dividing One Lot into Two with a Zone Variance (ZV) to Deviate from Setback Requirements on a Property Located at 1441 East 7th Street. 438 Recommendation: Staff Recommends Approval of the Tentative Parcel Map and Zone Variance, Subject to the Recommended Conditions in Planning Commission Resolution No. 2024-16, and a Determination that the Project is Exempt from CEQA. 9.18 Service Agreement with County of San Diego for Euclid Avenue Roadway Resurfacing 489 Recommendation: Adopt a Resolution entitled, “Resolution of the City Council of the City National City, California, Authorizing the Mayor to Execute a Service Agreement with the County of San Diego for Roadway Resurfacing of Euclid Avenue Between Sweetwater Road and 24th Street in the Amount of $112,960.42.” Page 5 of 520 9.19 Warrant Register #9 for the period of 8/23/24 through 8/29/24 in the amount of $1,002,939.26 500 Recommendation: Ratify Warrants Totaling $1,002,939.26 9.20 Warrant Register #10 for the period of 8/30/24 through 9/05/24 in the amount of $4,637,113.79 507 Recommendation: Ratify Warrants Totaling $4,637,113.79 10.PUBLIC HEARING The following item(s) have been advertised as public hearing(s) as required by law. 10.1 Amendment of Chapter 18.29 of the National City Municipal Code to Add Regulations for the Mixed-Use Overlay Zone. 516 Recommendation: Introduce the Ordinance 11.CITY MANAGER’S REPORT 12.ELECTED OFFICIALS REPORT 13.CITY ATTORNEY REPORT 14.ADJOURNMENT Regular Meeting of the City Council of the City of National City - Tuesday, November 19, 2024 - 6:00 p.m. - Council Chambers - National City, California. Page 6 of 520 CITY OF NATIONAL CITY M E M O R A N D U M DATE: September 24,2024 TO: Benjamin A. Martinez, City Manager FROM: Lydia Flores-Hernandez, Human Resources Director SUBJECT: EMPLOYEE OF THE QUARTER PROGRAM The Employee Recognition Program communicates the City’s appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized for the 3nd Quarter of calendar year 2024 is: Nancy Nagle, Training Coordinator, Police Department By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, October 1, 2024, to be recognized for her achievement and service. Attachment cc: Chief Alejandro Hernandez Captain Chris Sullivan Captain Derek Aydelotte Shelley Chapel, City Clerk Mayor’s Executive Assistant Human Resources – Office File Page 7 of 520 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, MMC, City Clerk Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Amending City Council Policy Nos. 101, 104, 106, 107, and 121. RECOMMENDATION: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending City Council Policy Nos. 101, 104, 106, 107, and 121.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: As per Council Policy No. 101, the City Council Policy Manual should be reviewed on an annual basis and updated as necessary. Staff has reviewed and is presenting for consideration amendments to Council Policy Nos. 101, 104, 106, 107, and 121. Attached is a report with detailed staff recommendations regarding the amendments which are results of changing legislation, and changing procedures as the departments are evaluating all processes for efficiencies. The policies referred to are attached and redlined to highlight staff’s recommendations and any associated notes. FINANCIAL STATEMENT: Not Applicable RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Not Applicable ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Staff Recommendations Exhibit B – Policy No. 101 – City Council Policy Manual - Redline Exhibit C – Policy No. 104 – Rules of Procedure and Order for City Council Meetings – Redline Exhibit D – Policy No. 106 – Preparation of City Council Meeting Minutes – Redline Exhibit E – Policy No. 107 – Appointments to Boards, Commission and Committees – Redline Exhibit F – Policy No. 121 – Mayor and City Councilmember Office Budget – Redline Exhibit G - Resolution Page 8 of 520 City Council Policy Manual Review As per Council Policy No. 101, the City Council Policy Manual should be reviewed on an annual basis and updated as necessary. Staff has reviewed and is presenting for consideration amendments to Council Policy Nos. 101, 104, 106, 107, and 121. Below is a high-level overview of some of the staff recommendations regarding all five (5) Policies. The policies referred to are attached and redlined which include staff recommendations and notes. Clerical changes are included for consistency throughout the manual and follow the City style guides and procedures. Prior Policy Amendments have been added to the end of each policy to provide a historical reference to prior changes made. Staff Recommendations – High Level Review City Council Policy #101 Grammatical cleanup in languages, and clarifying language added throughout policy. Page 2 of 2 – Policy 8. Removal of the previously elected positions of “City Clerk and City Treasurer” as they no longer apply with the passage of Measures M and N in the election on November 8, 2022. City Council Policy #104 Grammatical cleanup in languages, new legislation, and clarifying language added throughout policy. Page 5 of 33 – Responsibilities of City Clerk Additional language naming designee in the absence of the appointed City Clerk. “In the absence of the City Clerk, the Deputy City Clerk shall assume the City Clerk responsibilities.” And further reference to the “Deputy City Clerk” as designee. Page 8 of 33 – III Meetings K. Holidays or Elections Adding language specifically for National Night Out and the suggested start time and hard stop time to allow the City Council to participate in the community events. “National Night Out is the first Tuesday of the month of August. The City Council and City staff like to participate in this community event. City Council Meetings for this date are to start at 4:00 p.m. and end no later than 6:00 p.m. to allow for community participation." Page 9 of 33 – Teleconferencing Adding the words “or other State law” to be inclusive of any changes in law between updates of the policy. Page 10 of 33 – R. Translation Services Removing the reference to headset and updating to current practice of using Zoom. Page 9 of 520 Page 12 of 33 – Public Meeting Communications C. Communications with Persons Addressing the Council: Adding the requirement to register for Zoom participation 4 hours prior to the meeting. Additional removal of references to headsets and updated with Zoom information. “If a person would like to address the City Council via Zoom, they may do so by registering on the City website four (4) hours prior to the meeting. The presiding officer will request that the City Clerk allow speakers into the virtual room one at a time to speak. All video is off, and once the speaker has spoken the City Clerk removes the right to speak and they are virtually placed back into the participant’s room.” Page 14 of 33 Public Meeting Communications C. Communications with Persons Addressing the Council (4) Update section regarding Written Public Comment clarifying the City Council policy regarding written public comment not being read into the record during the meeting, however, it is posted to the City website. “Written comment is not read into the record at the City Council meeting. Written public comment will be posted to the City website within 48 hours of the meeting. The information is posted to the agenda page on the City website, under the City Clerk department.” Pages 15 and 16 of 33 – VII. Agenda Sequence and Order of Business Changes to the policy mirror the present day agenda sequence and order of business to include the Invocation, Recognitions, removal of Awards, Adding the Regional Boards and Committee Reports, Adding the Continued Public Hearing section, removing Ordinances and Resolutions section, Non-Consent Resolutions section and New Business section and adding the City Manager’s Report section, and retitling the Mayor and City Council to Elected Officials Reports, and Closed Session Report is retitled City Attorney Report. Page 18 of 33 VII – Agenda Process Clarification of correct departments named for responsibilities and clarification of process. Page 21 of 33 IX Voting Adding L. Levine Act and SB 1439 to comply with new legislation effective January 1, 2023 regarding the campaign contributions and voting on certain items on the agenda. A. Levine Act and SB 1439: Effective January 1, 2023 Local Officials subject to SB 1439 are no longer allowed to participate in the approval of a proceeding involving a license, permit, or other entitlements for use. That may include the following if presented to the City Council, if a campaign contribution has been received from the applicant or their agents: 1. Applied for by the party; 2. Formally or informally requested by the party; 3. A contract between the Agency and the party or a franchise granted by the agency to the party, other than a contract that is competitively bid, a labor contract, or a personal employment contract. (G.C. 84308.2) City Councilmembers are required to disclose on record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding twelve (12) months to any Candidate Controlled Committees. The prohibition applies to any 12 months while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding. Page 10 of 520 Page 27 of 34 XIV Procedural Matters Removing outdated information regarding Copies of Recordings, Ceremonial Matters as they are no longer relevant to the agenda and City Council Meetings. All meetings are recorded and provided on the City website. City Council Policy #106 Preparation of City Council Meeting Minutes Grammatical cleanup in languages, and clarifying language added throughout policy. Page 1 of 1 – Policy Add the words “in favor / in opposition or neutral” to the section under Public Comment under agenda items. Add for additional clarification: “This would be to memorialize the conversation in the minutes. However, the video of the complete meeting is available on the City website for historical reference in full version.” City Council Policy #107 – Appointments to Boards, Commission and Committees Grammatical cleanup in languages, and clarifying language added throughout policy. Add information regarding the Port Commission Appointment referencing the San Diego Unified Port District Action, Section 16 regarding the resident requirement for the position. 4. Port Commission - (Per the San Diego Unified Port District Act, Section 16, this seat must be filled by a National City resident. The Commissioner shall be a resident of the City at the time of their appointment, and during the full term of the appointment.) Page 3 of 9 – Appointment Process Update to 4 – Applications to include current process of accepting applications electronically through the City website. Adding Clarification on the Residency Requirement to mirror Bylaws and National City Municipal Code: “Residency requirement: If a position on the Board, Commission or Committee is for a resident, the applicant must be a resident at the time of submitting the application. The address must be an identifiable National City address, with verification by the City Clerk’s Office. If an applicant is found to be a non-resident, they will not be considered. They will be encouraged to apply for a non-resident seat when available.” Page 4 of 9 – 7. Interviews (c) Outlining current process for notification of applicants regarding schedule of interviews. Page 5 of 9- Clarification on Voting “Councilmembers will mark their paper, fold it and hand it to the City Clerk as they are collected. If a member is virtual, they will announce their vote verbally first before any other votes are read into the record.” City Council Policy #121 – Mayor and City Councilmembers Office Budget Page 11 of 520 As per City Council direction at the City Council Meeting of September 3, 2024, to add attendance to the “San Diego Regional Chamber of Commerce Binational Delegation to Mexico City” as a pre-approved conference. Page 12 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: August 15, 2023 October 15, 2024 ADOPTED: July 14, 1987 POLICY # 101 TITLE: City Council Policy Manual Background: The City Council of the City of National City is charged with the responsibility of establishing municipal policies to guide the various functions of the City and, where necessary, to establish procedures by which functions are performed. Regulatory policies established by the City Council are usually adopted by ordinance and included in the Municipal Code, which establish the local laws. Other policies, however are also established, which by their nature, do not require adoption by ordinance. These policy statements adopted by resolution of the City Council need to be consolidated in a reference document for easy access. Purpose It is the purpose of this policy to establish procedures for the preparation, distribution and maintenance of Council policies and the “City Council Policy Manual.” Policy 1. To establish a City Council Policy Manual which shall contain all City policy statements adopted by resolution of the City Council. 2. Generally, policy statements in the City Council Policy Manual will include only such municipal matters for which the responsibility of decision is placed in the City Council by virtue of the Municipal Code, or specific ordinances, and resolutions. 3. All policy statements of the City Council shall be prepared in writing and approved by resolution. Once approved, policy statements will be electronically reproduced, distributed and included in the City Council Policy Manual. The Resolution Number and date of adoption will be notated on the last page of amended policy in the Prior Policy Amendments section. 4. Each policy adopted as part of the City Council Policy shall be adhered to by City departments as expressions of the City Council’s Policy. Only the City Council can waive the applicability of an adopted policy. 5. Each policy statement shall include: (a) a brief background description of a policy; (b) the purpose of the policy; (c) the policy statements; (d) other criteria or procedural sections as required; and (e) cross-reference notations as to appropriate provision in the Municipal Code, Administrative Regulations, etc. Page 13 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: August 15, 2023 October 15, 2024 ADOPTED: July 14, 1987 POLICY # 101 TITLE: City Council Policy Manual 6. The City Manager shall be responsible for the preparation, continuing maintenance, and distribution of the City Council Policy Manual and additions or deletions thereto. The City Clerk’s Office shall retain the original adopted resolution and maintain a copy of the manual. 7. Each October, the City Council and City Manager shall review the City Council Policy Manual for any needed additions, deletions, or changes deemed appropriate at the time. Nothing in this policy shall prevent any individual member of the Council, the City Manager, City Attorney, or the City Clerk from bringing to the attention of the City Council any suggestions for manual revisions at other times during the year. 8. All newly-elected City Council Members, City Clerk, and City Treasurer shall receive a copy of the City Council Policy Manual and orientation from applicable department staff. Related Policy References None. Prior Policy Amendments July 14, 1987 City Council Adopted Format and Text as Guide for Council Policy Manual – No Resolution was adopted. June 11, 2013 (Revised – No Resolution) October 8, 2013 (Resolution No. 2013-147) August 15, 2023 (Resolution No. 2023-115) Page 14 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings Rules of Procedure and Order for City Council Meetings Adopted: December 13, 1983 Page 15 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings I. PURPOSE 1 II. RESPONSIBILITIES 1 A. Responsibilities of Presiding Officer / Mayor 1 B. Responsibilities of Vice-Mayor 2 C. Responsibilities of City Council 2 D. Responsibilities of City Clerk 2 E. Responsibilities of City Manager 3 F. Responsibilities of City Attorney 3 III. MEETINGS 3 A. Regular Meeting 3 B. Adjourned Meeting 3 C. Special Meeting 3 D. Emergency Meeting 3 E. Recessed Meeting 4 F. Closed Session Meeting 4 G. Quorum 4 H. City Council Recess Periods 4 I. Cancellation of Meetings 5 J. Location of Meetings 5 K. Holidays or Elections 5 L. Adjournment 5 M. Taping or Broadcasting 5 N. Teleconferencing 5 O. Agenda Exception 6 P. Comfort Breaks 6 Q. Use of Personal Electronic Devices 6 R. Translation Services 6 S. Compliance with Brown Act 7 IV. REMOTE ACCESS TO MEETINGS 6 A. Internet Broadcast 6 B. E-Notification 6 V. PUBLIC ASSISTANCE & ACCOMMODATIONS 6 VI. PUBLIC MEETING COMMUNICATION 7 A. Communications between City Councilmembers 7 B. Email Communications between Councilmembers 8 C. Communication with Persons Addressing the City Council 8 VII. AGENDA SEQUENCE AND ORDER OF BUSINESS 11 VIII. AGENDA PROCESS 13 Page 16 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings A. Preparation, Distribution and Posting 13 IX. VOTING 14 A. Obtaining the Floor 14 B. Voting Procedure 15 C. Disqualification for Conflict of Interest 15 D. Failure to Vote 15 E. Tie Vote 15 F. Changing Vote 15 G. Reconsideration 15 H. Point of Order 16 I. Continuance of Discussion or Hearings 16 J. Rosenberg’s Rules of Order 16 K. Disclosure of Ex Parte Contacts 16 X. MOTIONS 16 A. Procedure for Motions 17 B. Amendments to Motions 17 XI. PUBLIC HEARINGS, ORDINANCES & RESOLUTIONS 17 XII. MEETING DECORUM & CONDUCT 19 A. Conduct 19 B. Authorized & Designated Areas 20 C. Signs, Objects or Symbolic Material 20 D. Service Animals 20 E. Photography / Video 20 F. Cellular & Electronic Devices 21 XIII. ENFORCEMENT 21 A. Sergeant-at-Arms 21 B. Violations 21 XIV. PROCEDURAL MATTERS 22 A. City Council Seating Arrangement 22 B. Signing of Meeting Documents 22 C. Copy of Recordings 22 D. Ceremonial Matters 22 E. Proclamations 23 XV. SOCIAL MEDIA 23 IV. POLICY INTERPRETATION & APPLICABILITY 24 DEFINITIONS 25 RELATED POLICY REFERENCES 27 Page 17 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings I. PURPOSE The purpose of this Policy is to establish Rules of Procedure and Order for City officials, staff and members of the public at all meetings of the City Council to ensure that the business of the City is attended to in an open and orderly manner and in an environment safe for all persons in attendance. The policy establishes and delineates general meeting rules, roles and responsibilities, to allow for an orderly meeting where all individuals can exercise their Constitutional rights. All meetings of the City Council will be conducted under Rosenberg's Rules of Order. In addition, such meetings will be governed in accordance with the Ralph M. Brown Act (Gov. Code§ 54950, hereinafter "the Brown Act") and other applicable State laws. Any question about proper procedure will be immediately referred to the City Clerk as Pparliamentarian. This policy applies to all persons attending public meetings in the City Council Chamber or any other location where a meeting subject to this policy takes place. In the event of any inconsistency between this policy and State law or regulation, State law or regulation shall apply. II. RESPONSIBILITIES It is important to recognize that the City Council acts as a legislative body. No member has extraordinary powers beyond those of other members. While the Mayor and Vice-Mayor may have additional ceremonial and administrative responsibilities, in the establishment of policies, voting and in other significant areas, all members are equal. Policy is established and direction is given to City staff by a majority vote of the Council. While individual Councilmembers may disagree with decisions of the majority, a decision of the majority binds the Council to a course of action and provides staff with direction to follow. In turn, it is staff's responsibility to ensure the policy of the Council is implemented and upheld consistent with the wishes of the majority. Implementation of Council policy by staff does not reflect a bias against Councilmembers who held a minority opinion on an issue. A. Responsibilities of Presiding Officer/Mayor: The Presiding Officer of the City Council, shall be the Mayor, or in the Mayor's absence the Vice-Mayor, or in both of their absence any other member designated by the City Council. It shall be the duty of the Presiding Officer to ensure that the Rules of Procedure and Order contained herein are observed, The Presiding Officer shall maintain control of communication between Councilmembers and between the Council, staff, and members of the public. The Presiding Officer may make and second motions. Page 18 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings B. Responsibilities of Vice-Mayor: In the absence of the Mayor from the City or a Council meeting, the Vice-Mayor shall possess all the powers of the office of the Mayor, and be subject to all prescribed duties for that office. C. Responsibilities of City Council: 1. Members of the City Council shall review all meeting materials in preparation for City Council meetings and be prepared to discuss the agenda. 2. Members of the City Council shall arrive on time for all City Council meetings, in the City Council Chamber or any other location where a meeting subject to this policy takes place. In the event of any inconsistency between this policy and State law or regulation, State law or regulation shall apply. 3. Members of the City Council shall conduct themselves in an orderly, professional and businesslike manner to ensure that the business of the City shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process of the City Council is maintained at all times. 4. Members of the City Council shall maintain a polite, respectful, and courteous manner when addressing one another, City staff, and members of the public during City Council meetings. 5. As a courtesy, members of the City Council shall report upcoming absences to the City Manager as soon as possible to ensure that any necessary adjustments to the agenda may be made, and to ensure a quorum. D. Responsibilities of City Clerk: 1. The City Clerk shall serve as the Parliamentarian for the City Council meetings to advise the Presiding Officer. Within the limitations imposed by Rosenberg's Rules of Order, the Presiding Officer has the authority to determine proper parliamentary procedure. In the absence of the City Clerk, the Deputy City Clerk shall assume the City Clerk responsibilities. 2. The City Clerk or Deputy City Clerk shall call and record roll call votes; and shall read ordinance titles and agenda items as requested by the Presiding Officer. 3. The City Clerk or Deputy City Clerk shall keep minutes of the open meeting in accordance with City Council Policy No. 106, and permanent retention of Page 19 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings video recordings of those proceedings as the archived record. Any written comment received for the meeting will be made available on the City website within 48 hours of the meeting. All retention per the City Records Retention Schedule. E. Responsibilities of City Manager: 1. The City Manager's duties during City Council meetings include keeping a record of concerns raised by the City Council regarding direction for future staff action and facilitating the orderly presentation of staff reports. F. Responsibilities of City Attorney: The City Attorney's duties during City Council meetings include consulting with City Council on items of concern on the agenda, to proactively inform and protect Councilmembers from potential violations and conflicts of law, and to report on any final action taken in closed session. Ill. MEETINGS A. Regular Meeting: The City Council shall hold regular meetings on the first and third Tuesday of each month. The meetings shall be held in the Council Chamber of City Hall, 1243 National City Boulevard in the City of National City. The regular meeting shall begin at 6:00 p.m., or as otherwise scheduled due to the demand of business or for closed session. B. Adjourned Meeting: The City Council may adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn. C. Special Meeting: A special meeting may be called at any time by the Mayor whenever the public business may require it or upon direction by a majority of the City Council. The call and notice shall be posted at least twenty-four (24) hours prior to the special meeting in a location that is accessible to members of the public. D. Emergency Meeting: Pursuant to the Government Code, the twenty-four (24) hour notice and posting requirements for a special meeting may be dispensed with under the following emergency conditions: work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body, except in the case of a dire emergency. Page 20 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings E. Recessed Meeting: Pursuant to the Government Code, a meeting of the City Council may recess to the following regular business day if the action is taken in good faith and not to circumvent the requirements of the Brown Act. The meeting may not be recessed to another day after that unless it is posted in accordance with the Brown Act. F. Closed Session Meeting: The City Council may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider or hear any matter which is authorized to be heard or considered in closed session in accordance with State law. If a closed session is included on the agenda, the description of the item must comply with Government Code Section 54954.5. For each closed session, the City Attorney must orally announce the subject matter of the closed session. If final action is taken in closed session, the City Attorney must report the action at the conclusion of the closed session, unless agendized for that same Closed Session Meeting or list on the agenda for the Regular Meeting immediately following. No minutes of the proceedings of the City Council during closed session are required. There shall be no closed session during any special emergency meeting. No person present in a closed session shall disclose, outside of the closed session, any information revealed in such closed session, without the prior authorization of a majority of the City Council. Any violation of this policy may be enforced by one or more of the actions delineated in City Council Policy No. 113. G. Quorum: A quorum at any meeting of the City Council will be established by the presence of three (3) members of the City Council. The Mayor shall count as a Councilmember for the establishment of a quorum. H. City Council Recess Periods: The City Council has traditionally observed a recess period during the summer to provide elected officials and staff an opportunity to catch up on work, reenergize after a lengthy budget and strategic planning process, and prepare for the start of a new fiscal year. For purposes of this policy, a recess period is defined as a period of time longer than twenty (20) days without a regular or special meeting of the Council. During any recess period, the City Manager is authorized to take such ministerial action on matters of operational urgency as would normally be taken by the City Council during the recess except for those duties specifically reserved to the City Council by Government Code, and including such emergency actions as are necessary for the immediate preservation of the public peace, health, or safety. The City Manager shall make a full and complete report to the City Council at its first regularly Page 21 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings scheduled meeting following the recess of actions taken by the City Manager pursuant to this section, at which time the City Council may make such findings as may be required and confirm said actions of the City Manager. I. Cancellation of Meetings: Any meeting of the City Council may be cancelled in advance by a majority vote of the Council. In the event that the Mayor and/or Vice-Mayor are unable to cancel a meeting, in the case of an emergency the City Manager is authorized to cancel such meeting. J. Location of Meetings: Regular meetings of the City Council shall be held in the Council Chamber unless appropriate notice is given pursuant to, and the location of the meeting is in accordance with, the Brown Act. The City Council may hold a special meeting at another location within the City, or locations outside the jurisdiction of the City, provided appropriate notice is given pursuant to and the location of the meeting is in accordance with the Brown Act. K. Holidays or Elections: In the event that the a regular meeting of the City Council is scheduled on the same day as a legal holiday, or an election day on which a National City candidate or National City measure appears on the ballot, no meeting will be held that week.. Any regular meeting may be dispensed with by a majority vote of the City Council. National Night Out is the first Tuesday of the month of August. The City Council and City staff like to participate in this community event. City Council Meetings for this date are to start at 4:00 p.m. and end no later than 6:00 p.m. to allow for community participation. L. Adjournment: It is the policy of the City Council that that all evening meetings of the City Council, including special meetings and workshops, be adjourned no later than 10:30 p.m., which time is referred to as the normal time of adjournment. The meeting shall be extended no more than once and subsequently may be adjourned to a later date. No new item of business shall be taken up by the Council after the normal time unless the Council has determined by a super-majority vote to set aside this policy. In the event the entire agenda cannot be completed by the normal time of adjournment, the Council may take up and act upon the more pressing agenda items. All agenda items not considered at the meeting shall be on the agenda of the next regular, special, or adjourned regular meeting unless the Council directs otherwise. M. Taping or Broadcasting: Meetings may be broadcast, audio-recorded, video-recorded or live-streamed so long as the activity does not constitute a disruption of the proceeding. N. Teleconferencing: Teleconferencing shall be allowed as per Government Code section Page 22 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings 54953 or other State law. Teleconference meetings may be held under carefully-defined conditions. The meeting notice must specifically identify all teleconference locations, and each such location must be fully-accessible to members of the public O. AB 2449 Attendance by a Member Virtually: Legislation passed in 2023 provided for the City Council and its Boards/Commission/Committee members to attend a meeting virtually under certain conditions stated in the law. A member may participate either for “just cause” or “under” emergency circumstances. For “just cause”, the member must notify the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for “just cause” including a general description of the circumstances relating to their need to appear remotely at the given meeting; For “emergency circumstances,” the member must make a request to participate remotely as soon as possible to allow the City Council to take action on the request. If the request does not allow sufficient time to place the proposed action on the request on the posted agenda for the meeting for which the request is made, the City Council may take action at the beginning of the meeting in accordance with Government Code section 54954.2(b)(4); Just Cause - is limited to one or more of the following: a. a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely’; b. a contagious illness that prevents a member from attending in person; c. a need related to a physical or mental disability as defined by law; or d. travel while on official business of the legislative body or another state or local agency; or Emergency Circumstances – means a physical or family medical emergency that prevents a member from attending in person. a. The member requires the legislative body to allow them to participate in the meeting remotely due to the “emergency circumstances” and the legislative body takes action to approve the request. b. The legislative body requires a general description (generally not exceeding 20 words) of the circumstances relating to the member’s need to appear remotely at the given meeting, this shall not require a member to disclose any medical Page 23 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings diagnosis or disability, or any personal medical information that is already exempt under existing law. Limitations: May not be used by a member to teleconference for a period of more than three (3) consecutive months or 20% of regular meetings (4 meetings for City Council) within a calendar year, or more than two (2) meetings per calendar year if the board meets less than ten (10) times per calendar year. Members participating remotely must do so through both audio and visual technology and must publicly disclose whether any individual over the age of 18 is present at the remote location with the member and the general nature of the member’s relationship with the individual. N.O. Agenda Exception: Special procedures permit a body to proceed without an agenda in the case of emergency circumstances, or where a need for immediate action came to the attention of the body after posting of the agenda. (Reference Section VIII, A.5 - Non-Agenda Items Requiring Immediate Action) P. Comfort Breaks: It is the policy of the City Council that the Presiding Officer will call comfort breaks of 5-10 minutes when a meeting is expected to last more than two hours. While it is not possible to predict the duration of a meeting, scheduled breaks· allow participants to not miss any part of the meeting and help stay alert and maintain a high level of concentration and participation. Q. Use of Personal Electronic Devices: The use of personal electronic devices on the dais shall be limited to official agenda-related tasks and emergency notifications. If, in the opinion of the Presiding Officer, a Councilmember's use of an electronic device is disruptive to Council deliberations or disrespectful to the public, the Presiding Officer may request that the Councilmember cease the use of such device. R. Translation Services: Simultaneous Spanish interpreting services are provided at City Council meetings, through the use of headsets. Webinar via Zoom. A Spanish- language interpreter is also available to interpret and translate for speakers who wish to address the City Council webinar via Zoom. When the meetings are hosted as a webinar, a Spanish-language interpreter shall provide translation services for a minimum of two (2) hours. If, after providing translation services for two (2) hours, no member of the public is using those services, the translator may be dismissed by the Presiding Officer. Page 24 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings S. Compliance with Brown Act: All regular, special, and adjourned meetings of the City Council shall be called, noticed and conducted in compliance with the Brown Act. IV. REMOTE ACCESS TO MEETINGS A. Internet Broadcast: Live-Streaming video of City Council meetings is available at www.nationalcityca.gov. Archived meetings are also available online. B. E-Notification: Individuals may sign up via the City's website to receive email notifications of published City Council and Board, Commission, and Committee meeting agendas, City news, special events, and more. V. PUBLIC ASSISTANCE & ACCOMMODATIONS Upon request, the City Council agenda and backup materials will be made available in alternative formats. Any person who requires a disability-related modification or accommodation to participate in the public meeting, including auxiliary aids or services, , may request a modification, accommodation, aid, or service by contacting the City Clerk's Office either in person or by telephone no later than 10:00 a.m. on the day preceding the scheduled meeting. VI. PUBLIC MEETING COMMUNICATIONS A. Communications between City Councilmembers: 1. Councilmembers wishing to speak should request the floor by being recognized by the Presiding Officer before speaking. The Presiding Officer must recognize any Councilmember who seeks the floor when appropriately entitled to address the City Council. 2. No Councilmember shall speak again until all Councilmembers have had the opportunity to speak. 3. Councilmembers shall remember that the purpose of the City Council meeting is to conduct the business of the City. Councilmembers shall avoid repetition and shall limit their comments to the subject matter at hand. Councilmembers shall endeavor to express their views without engaging in unnecessarily lengthy Page 25 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings debates. 4. When one Councilmember is speaking, other Councilmembers shall not interrupt, disrupt or disturb the speaker. During questions and deliberations, the Presiding Officer may vary the speaking sequence of Councilmembers from item to item. B. Email Communications between City Councilmembers: Because email communications can ultimately lead to the exchange of information intended to, or which may, create collective concurrence among a quorum of Councilmembers, e-mail communications between Councilmembers relative to Council business should be avoided at all times. C. Communications with Persons Addressing the City Council: Members of the public may address the City Council during the Public Comment period and/or prior to the consideration of any agenda item. Persons shall address the City Council as a whole and shall not engage in a dialogue with individual Councilmembers, staff, or with other members of the audience. Any person wishing to speak, whether during the Public Comment period or on an agenda item, is requested to complete a "Speaker Slip" form and submit the form to the City Clerk prior to the calling to order of the meeting or as soon thereafter as possible. Filling out a speaker slip is not required to participate. All those addressing the Council shall do so from the podium. If a person would like to address the City Council via Zoom, they may do so by registering on the City website four (4) hours prior to the meeting. The presiding officer will request that the City Clerk allow speakers into the virtual room one at a time to speak. All video is off, and once the speaker has spoken the City Clerk removes the right to speak and they are virtually placed back into the participant’s room. The City Council may not prohibit public criticism of the City in general, City staff, or members of the City Council, its policies, procedures, programs, or services of an agency or its acts or omissions. A speaker may not be stopped from speaking because either the Presiding Officer or Councilmembers disagree with the viewpoint being expressed. 1. Translation Services: Simultaneous Spanish interpreting services are provided at City Council meetings, through the use of headsets. A Spanish-language interpreter is also available to interpret and translate for speakers who wish to address the City Council webinar via Zoom. When the meetings are hosted as a webinar, a Spanish-language interpreter shall provide translation services for a minimum of two (2) hours on Zoom, which can also be accommodated in the Council Page 26 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings Chamber. If, after providing translation services for two (2) hours, no member of the public is using those services, the translator may be dismissed by the Presiding Officer. 2. Public Comment (Non-agenda): At all regular City Council meetings, speakers shall have the right to address the City Council on any matter within the elected body's jurisdiction, subject to a three (3) minute time limit or less, depending on the number of speakers. The Council may listen to the speaker's comments, but cannot discuss or take action on communications not on the agenda. Non-agenda Public Comment may be referred to the City Manager for administrative action or placement on a subsequent agenda, with a majority vote of the Council. a. At each regular Council meeting, up to 30 minutes shall be reserved for Public Comment. b. The City Clerk will review the Speaker Slips and inform the Presiding Officer of the number of slips. If the number of speakers, at three (3) minutes each, exceeds the 30-minute allotted time for Public Comment, the Presiding Officer may reduce the time allotted to each speaker, extend Public Comment time, or continue remaining speakers to the end of the meeting. c. Donations of time from one speaker to another are not permitted. d. The Presiding Officer shall have the authority to reduce equally each speaker's time to accommodate a larger number of speakers. e. Speaker Slips for Public Comment will be accepted by the City Clerk in the Council Chamber no earlier than 15 minutes before the meeting and up until the Public Comment portion of the agenda is finished. f. In order to ensure that non-English speakers receive the same opportunity to directly address the City Council, any member of the public who utilizes a translator shall be provided at least twice the allotted time to address the City Council, unless simultaneous translation equipment is used to allow the City Council to hear the translated public testimony simultaneously. (Government Code 54954.3) g. Remarks shall be addressed to the City Council as a body. h. If there is a group representing a common position, designation of a spokesperson is encouraged. The Presiding Officer may allot a mixed amount of Page 27 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings time for presentations of this nature. 3. Public Comment (Agenda Items): Speakers shall have the right to address the City Council on items which appear on the agenda, subject to the 3-minute time limit. i. Donations of time from one speaker to another will not be permitted. j. The Presiding Officer shall have the authority to reduce equally each speaker’s time to accommodate a larger number of speakers, or to limit the total speakers' time on an agenda item. k. Speaker Slips for agenda items will be accepted by the City Clerk in the Council Chamber no earlier than 15 minutes before the meeting and up until the public testimony on the item is finished. Included on the Speaker Slip shall be the option for individuals who do not wish to speak to register in support of, in opposition to, or neutral on the item. An individual must be present to register a position or opinion. The City Clerk will provide a tally of those who do not wish to speak on an item, but who do provide a position or opinion. l. Remarks shall be addressed to the City Council as a body and not to any member of the City Council, staff or the public. No questions shall be asked of an individual member of the City Council, staff , or the public. The Presiding Officer may limit interaction between Councilmembers and public speakers to questions of clarification. m. If there is a group representing a common position, designation of a spokesperson is encouraged. The Presiding Officer may allot a mixed amount of time for presentations of this nature. n. In order to ensure that non-English speakers receive the same opportunity to directly address the City Council, any member of the public who utilizes a translator shall be provided at least twice the allotted time to address the Council, unless simultaneous translation equipment is used to allow the Council to hear the translated public testimony simultaneously. (Government Code Section 54954.3) 4. Written Public Comment and Registration on Zoom to Make Public Comment: Deadline to receive all written public comment and registration of public comment on Zoom will be 4 hours prior to the meeting on the day of the Public Meeting. This Page 28 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings provides staff time for processing prior to the meeting. Written comment is not read into the record at the City Council meeting. Written public comment will be posted to the City website within 48 hours of the meeting. The information is posted to the agenda page on the City website, under the City Clerk department. 5. Presentations to City Council: Any information presented to the City Council for its consideration in formats such as PowerPoint, Video, or other audio/visual media must be submitted to the City Clerk's Office no later than the Wednesday immediately prior to the City Council meeting in order to have the presentation facilitated for City Council viewing and broadcast. If presentations are submitted after that deadline, it will not be possible for them to be played or displayed during the meeting, although ten (10) hard copies may be submitted to the City Clerk for distribution to the City Council. Documents and presentations displayed during the City Council meeting shall become part of the public record and must be submitted to the City Clerk for retention. The City Clerk’s Office will post any materials received at a City Council Meeting to the City website within 48 hours of the meeting. VII. AGENDA SEQUENCE AND ORDER OF BUSINESS Generally, the agenda sequence and order of business of a regularly scheduled City Council meeting shall determined by the City Manager’s.Clerk’s Office During the City Council Meeting the Order of Business shall be followed, unless otherwise reordered by the Presiding Officer with the consensus of the City Council during the City Council Meeting. A. Call to Order: The Presiding Officer officially calls the meeting to order. B. Roll Call: Before the City Council shall proceed with the business of the Council, the City Clerk shall call the roll of the members and the names of those present shall be entered in the minutes. The later arrival of any absentee shall also be entered in the minutes. C. Pledge of Allegiance: Each agenda of a regularly scheduled Council meeting shall provide an item for the recital of the "Pledge of Allegiance" to both the United States flag and the California flag. D. Invocation: The Presiding Officer may allow a “prayer” either religious or non-religious to be given at the beginning of the meeting. Leaders from the Community are allowed to invoke a prayer of support. Page 29 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings E. Public Comments: Speakers shall have the right to address the City Council on any matter within the elected body's jurisdiction, subject to a 3-minute time limit or less, depending on the number of speakers. The City Council may listen to the speaker's comments, but cannot discuss or take action on communications not on the agenda. Non-agenda public comment may be referred to the City Manager for administrative action or placement on a subsequent agenda. F. Proclamations and CertificatesRecognitions: The agenda shall provide a time when proclamations and recognition directing attention to a person, organization or event may be presented. Proclamations will be issued subject to Section XIV, E - Proclamations. G. Awards and Recognitions: The agenda shall provide a time when recognitions may be presented. G. Presentations: The Presentations section of the agenda is for the purpose of allowing a brief (5 to 10 minutes each) opportunity at the beginning of a Council meeting for City Council to receive information from outside agencies or City staff. It is not meant for a topic that would require lengthy deliberation, debate, or action. Items may be placed on the Presentation section of the agenda at the request of the City Council or City staff with the City Manager's concurrence. Approval to place a presentation on the agenda that has been requested by a community member must be obtained through the City Manager's Office. H. Regional Boards and Committee Reports: 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 legislative body. City Councilmembers report on meetings attended on behalf of the City. Councilmembers are limited to five-minutes. H. I. Interviews and Appointments: The agenda shall provide a time for the Mayor / City Council to interview and/or appoint members of the City Council or the public to City and/or external boards, commissions and committees. J. Regional Boards and Committee Reports: City Councilmembers report on meetings attended on behalf of the City. Councilmembers are limited to five-minutes. K. Consent Calendar: Items of a routine or generally uncontested nature may be approved by the City Council in a single motion by adoption of the Consent Calendar. Page 30 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings The approval of the Consent Calendar shall signify the approval of each matter or recommendation included therein: Upon request of any Councilmember, staff, or public made through the Presiding Officer, an item may be removed from the Consent Calendar for separate discussion and/or action. Each item proposed for consideration as part of the Consent Calendar shall be described on the agenda posted for the meeting. K.L. Continued Public Hearings: Generally this is for the second reading and adoption of an Ordinance. However, if a Public Hearing item needs to return to City Council after amendments or modifications were made to the original item, this is the placement on the agenda. L.M. Public Hearings: Ordinances & Resolutions: This portion of the meeting allows for a noticed public session to receive original evidence or testimony on applications regulated by this title. Scheduled public hearings shall be commenced at 6:00 p.m. or as soon thereafter as possible. (Reference Section XI, Public Hearings) M. Non-Consent Resolutions: Items generally of a non-routine nature for City Council discussion and/or action. N. New Business: This portion of the meeting is devoted to discussion or consideration of items of business that have or have not previously been before the City Council. N. Staff Reports: This portion of the meeting provides the City Manager and staff the opportunity to present items for City Council consideration give general comments, updates, and announcements. O. N. City Manager’s Report: This portion of the meeting provides an opportunity for the City Manager to give general comments, announcements, or informational report not included on the agenda. These are non-action items. O. Mayor and City Council E l e c t e d O f f i c i a l s Reports: This portion of the meeting provides the City Council the opportunity to give general comments, announcements, or informational reports on any item not on the agenda. These matters may not be discussed or deliberated. P. City Attorney Closed Session Report: At an Open Session following a Closed Session, the body must report on final action taken in Closed Session under specified circumstances. Page 31 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings Q. Adjournment: It is the policy of the City Council that that all evening meetings of the City Council, including special meetings and workshops, be adjourned no later than 10:30 p.m., which time is referred to as the normal time of adjournment. VIII. AGENDA PROCESS In order for both the City Council and City staff to be adequately prepared to discuss City business during City Council meetings, items for discussion shall be placed on the agenda in accordance with established City Council agenda deadlines and in compliance with the Brown Act. Generally, items not on the agenda cannot be discussed or considered during a City Council meeting. This section of the policy discusses how to place items onto the agenda, agenda setting, preparation and distribution. A. Preparation, Distribution and Posting 1. Agenda Items: In conjunction with City Clerk staff, the City Manager shall have the primary responsibility for preparing the City Council agenda and placing matters on the agenda in accordance with identified City needs and scheduling. a. In the event an item is brought to the attention of the City Manager that requires immediate City Council attention after the agenda setting meeting and before the agenda is distributed, the City Manager will determine the need for the item to be added to the agenda. 2. Agenda Review Meeting: Prior to release and posting of a final City Council agenda, an agenda review meeting shall be held by the City Manager with the City Attorney and the Mayor, or another member of the City Council designated by the Mayor, to serve in their absence. The proposed agenda shall be reviewed at this meeting. 3. Agenda Preparation: Not later than the Thursday prior to the City Council meeting, the City Manager Clerk is responsible for preparing the agenda packet, which shall include the agenda plus all its corresponding duplicated agenda items. No item shall be considered if not included in the packet, except that a correction or supplement to an item already included in the packet may be considered in accordance with the Ralph M. Brown Act. 4. Agenda Distribution and Posting: Not later than the Thursday prior to the City Council meeting, the City ManagerCity Clerk is responsible for distributing the agenda packet to each member of the City Council. Staff shall post each agenda at least 72-hours in advance of the meeting and shall post each agenda of a special Page 32 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings meeting at least 24- hours in advance of the meeting on the official bulletin boards at City Hall , Library, Police Department, and on the City's website. 5. Non-Agenda Items Requiring Immediate Action: Matters requiring City Council action must be placed onto a Council Agenda in a timely manner in order for Council to consider the matter. In accordance with the Ralph M. Brown Act, off-agenda items requiring City Council approval will not be considered by the City Council except under the following two circumstances: a. An emergency situation exists, as defined in the Government Code; or, b. The City Council determines by a two-thirds (2/3) vote, or by a unanimous vote if less than two-thirds of the Council is present, that: • There is a need for immediate action, and • The need to take action on the item arose after the posting of the agenda. If the City Council finds that the need to take action arose subsequent to the agenda posting, pursuant to the criteria above, it shall make those findings by separate motion, including the factual reasons supporting the findings. The findings shall be reflected in the City Council minutes. IX. VOTING A. Obtaining the Floor: Any Councilmember wishing to speak must first obtain the floor by being recognized by the Presiding Officer. The Presiding Officer must recognize any Councilmember who seeks the floor when appropriately entitled to do so. B. Voting Procedure: Any vote of the City Council, including a roll call vote, may be registered by the members by answering "Yes" or “Aye” for an affirmative vote, "Abstain" for an abstention, or "No" or “Nay” for a negative vote upon the member's name being called by the City Clerk; or an electronic vote may be registered by pressing the Councilmember button for an affirmative vote, an abstention, or a negative vote, upon a vote being called for by the Presiding Officer. Following the vote, the City Clerk shall audibly announce the results of the vote by name indicating whether the item carried or was defeated. The same shall be recorded in the minutes as the vote. The Presiding Officer in his or her discretion may publicly explain the effect of a vote for the audience, or may direct a member of the staff to do so before proceeding to the next item of business. Page 33 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings C. Disqualification for Conflict of Interest: Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state, the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Councilmember affected, be decided by the other Councilmembers. A Councilmember who is disqualified by reason of a conflict of interest in any matter shall not remain in his or her seat during the debate and vote on such matter, but shall request and be given the permission by the Presiding Officer to step down from the Council dais. A Councilmember stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. D. Failure to Vote: Every Councilmember should vote unless disqualified by reason of a conflict. The vote of a Councilmember who abstains absent a disqualifying conflict of interest shall be counted with the majority vote of the quorum on the question voted upon. E. Tie Vote: Any proposed measure that receives a tie vote from the members of the City Council shall be considered lost and may be reconsidered. F. Changing Vote: A Councilmember may change his or her vote only if the Councilmember makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. G. Reconsideration: A motion to reconsider the vote on any action taken by the City Council at either this meeting or a previous meeting may be made only by one of the Councilmembers who voted with the prevailing side. H. Point of Order: An interruption of a meeting to question whether rules or bylaws are being broken, such as the speaker has strayed from the motion currently under consideration. I. Continuance of Discussion or Hearings: Any item being discussed or any public hearing at a City Council meeting may, by order, notice, or motion, be continued or tabled to any subsequent meeting. J. Rosenberg's Rules of Order: Rosenberg's Rules of Order have been adopted by the City Council and shall apply in all cases. Page 34 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings K. Disclosure of Ex Parte Contacts: An "ex parte" contact or communication occurs when, prior to considering a matter on a public meeting agenda, a member or members of the City Council receives information, oral, written, or otherwise, pertaining to that matter outside the public meeting. (Reference City Council Policy No. 116- Procedure for Disclosure of Ex Parte Contacts) L. Levine Act and SB 1439: Effective 1, 2023 Local Officials subject to SB 1439 are no longer allowed to participate in the approval of a proceeding involving a license, permit, or other entitlements for use. That may include the following if presented to the City Council, if a campaign contribution has been received from the applicant or their agents: 1. Applied for by the party; 2. Formally or informally requested by the party’; 3. A contract between the Agency and the party or a franchise granted by the agency to the party, other than a contract that is competitively bid, a labor contract, or a personal employment contract. (G.C. 84308.2) City Councilmembers are required to disclose on record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding twelve (12) months to any Candidate Controlled Committees. The prohibition applies to any 12 months while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding. X. MOTIONS Motions are the vehicles for decision making by a body. It is normally best to have a motion before the body prior to commencing discussion of an agenda item. There are three motions that are the most common and recur often at meetings: 1. The basic motion. The basic motion is the one that puts forward a decision for the body's consideration. 2. The motion to amend. If a Councilmember wants to change a basic motion that is before the body, they would move to amend it. 3. The substitute motion. If a Councilmember wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. Motions may be made by any member of the City Council, including the Chair. Any member of Page 35 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings the City Council may second a motion. (Reference Rosenberg's Rules of Order for a more detailed discussion on motions in general and sample motions.) A. Procedure for Motions: The following is the general procedure for making motions: 1. The item is presented by staff or others followed by questions and discussion by Councilmembers. 2. A Councilmember who wishes to make a motion shall first obtain the floor. 3. A Councilmember who wishes to second a motion shall do so through a request to the Chair. 4. Before a motion can be discussed, it shall be seconded. 5. Once a motion has been properly made and seconded, the Chair shall open the matter for further discussion offering the first opportunity to the moving party and, thereafter, to any Councilmember properly recognized by the Presiding Officer. 6. Once the matter has been fully debated and the Presiding Officer calls for a vote, no further debate will be allowed, provided, however, any Councilmember may be allowed to explain his or her vote prior to the vote being cast. B. Amendments to Motions: As previously discussed, when a motion is on the floor and an amendment is offered, the amendment shall be acted upon prior to acting on the main motion. No motion of a subject other than the agenda item under consideration shall be admitted as an amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. Action shall be taken on the amended amendment prior to any other action to further amend the original motion. XI. PUBLIC HEARINGS/ORDINANCES & RESOLUTIONS A. Except as provided otherwise by law, public hearings shall generally be conducted as follows: 1. Scheduled public hearings shall commence at 6:00 p.m. or as soon thereafter as possible. Page 36 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings 2. Speakers are encouraged to complete a Speaker Request Slip; however, a Speaker Slip is not required in order to speak. 3. At the beginning of each public hearing item, the Presiding Officer shall announce the item for the public hearing, request that staff present the staff report and any other relevant evidence, and open the public hearing. The presentation of the staff report prior to the formal opening of the public hearing shall not prevent its consideration as evidence. Any such evidence shall be made a part of the record of the public hearing. 4. Following the staff report and opening of the public hearing, the Presiding Officer shall thereupon call upon the proponent (if other than staff) to present his or her presentation. Thereafter, the Presiding Officer shall inquire as to whether there are any persons present who desire to address the City Council on the matter. Any person desiring to speak or present evidence shall then make their presence known to the Presiding Officer and, upon being recognized by the Presiding Officer, may speak or present evidence relevant to the subject matter being heard. 5. The applicant/appellant, and/or their representative shall speak first and shall have a sufficient amount of time to do so, any portion of which may be reserved and used for rebuttal. 6. Each member of the public wishing to address the City Council, other than the applicant/appellant, shall then be allowed to address the City Council and shall have three (3) minutes to speak. Prior to declaring the public hearing open, however, when necessary because of the number of possible speakers, the Presiding Officer may establish a time limit for the entire public hearing, or establish time limits for the presentation of each individual speaker. All persons interested in the matter being heard by the City Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the City Clerk as part of the record. 7. Councilmembers who wish to ask questions of the speakers, staff or each other, during the public hearing portion, may do so only after being recognized by the Presiding Officer in the manner set out in this policy. 8. Councilmembers should be mindful that the purpose of the public hearing is to obtain testimony, and not to debate the merits of the item under consideration. Councilmembers should avoid debate and expressions of personal opinion until after the close of the public hearing. Page 37 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings 9. Following the conclusion of such questions, the Presiding Officer shall allow the applicant/appellant the opportunity for rebuttal. 10. Following the rebuttal, the Presiding Officer shall close the public hearing and then allow each Councilmember to state his or her opinion on the item before asking for a motion to decide the matter. 11. Upon closing the public hearing by the Presiding Officer, no additional public testimony shall be solicited or received by the City Council without reopening the public hearing through the Presiding Officer with consensus of the City Council. 12. The Presiding Officer at all times shall conduct the public hearing in such a manner as to afford due process to all affected persons. XII. MEETING DECORUM & CONDUCT Meetings of the City Council shall be conducted in an open and orderly manner and in an environment safe for all persons in attendance to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is retained at all times. The Presiding Officer shall be responsible for maintaining the order and decorum of meetings. This policy is not intended to deprive any person of his or her right to freedom of expression, but only to maintain, to the extent possible and reasonable, a safe and conducive place to conduct public business. A. Conduct: 1. Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of obscene, lewd, loud, threatening, repeatedly irrelevant or repetitious, or abusive language, including clapping, whistling, yelling, stamping of the feet, or other acts which disturb, disrupt, impede, or otherwise render the orderly conduct of the City Council meeting infeasible. A member of the audience engaging in any such conduct may, after warning by the Presiding Officer, at the discretion of the Presiding Officer or a majority of the City Council, be subject to removal from the meeting. 2. Persons in the audience will refrain from creating, provoking, or participating in any type of disturbance involving unwelcome physical contact. Page 38 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings 3. Noise emanating from the lobby outside the Council Chambers which is audible within the Chambers shall not be permitted. The Sergeant-at-Arms is authorized to enforce this rule by requesting those in the lobby to remain silent or to leave the area. B. Authorized & Designated Areas: 1. No person shall stand or sit in the aisles. No person shall block any doorways or exits. 2. No person except City officials shall be permitted within the platform area in front of the City Council dais without the prior consent of the Presiding Officer or City Manager. C. Signs, Objects, or Symbolic Material: 1. Placards, signs, and posters may be brought into the Council Chambers unless such objects disturb, disrupt, impede or otherwise render the orderly conduct of the Council meeting infeasible, or block the view of any other person in attendance, in which case such placard, sign, or poster shall, at the discretion of the Presiding Officer or a majority of the Council, be moved to a different location or removed from the Chamber. 2. Packages, bundles, suitcases, or other large or potentially dangerous objects shall not, without the prior authorization of the Presiding Officer or City Manager, be brought into the City Council Chamber and are subject to search to determine that they do not pose a threat or as otherwise requested by the Sergeant-at- Arms. D. Service Animals: Except as otherwise allowed by the City Council, no animals except for service animals shall be brought into the Council Chambers. E. Photography/Videography: Photographs, audiotapes, and videotapes may be taken from the rear of the Council Chambers or from any seat within the Chambers, as long as such activity does not disrupt or disturb the audience, public speakers, Councilmembers or others on the dais, and interfere with the orderly conduct of the meeting. When a filming area has been designated by the Fire Marshal or Sergeant- at-Arms, filming shall occur in that area only. The Fire Marshal or Sergeant-at-Arms may designate an area for credentialed media only. Page 39 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings F. Cellular & Electronic Devices: Persons in the audience will refrain from using cellular phones and/or pagers while the City Council meeting is in session. XIII. ENFORCEMENT A. Sergeant-at-Arms: The Chief of Police or designee shall be the ex-officio Sergeant-at- Arms of the City Council. The Sergeant-of-Arms shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Any Councilmember may move to require the Presiding Officer to enforce the rules upon affirmative vote of a majority of the Council. B. Violations: Upon a violation of the Rules of Procedure and Order established herein, the procedure to enforce the rules are as follows: 1. Warning: The Presiding Officer shall first request that a person who is violating the rules cease such conduct. If, after receiving a request from the Presiding Officer, the person persists in violating the rules, the Presiding Officer shall order a recess. The Sergeant-at-Arms is authorized to warn the person that their conduct is violating the rules and that they are requested to cease such conduct. If upon resumption of the meeting the violation persists, the Presiding Officer may order another recess whereupon the Sergeant-at-Arms shall have the authority to order the person removed from the meeting and/or citied in violation of Penal Code Section 403. 2. Motion to Enforce: Any Councilmember may call a Point of Order should the City Council fail to abide by the provisions of this policy, whereupon the City Council shall immediately act upon the Point of Order by roll call vote. If the Presiding Officer fails to enforce the Rules of Procedure and Order set forth herein, any member of the City Council may move to require the Presiding Officer to do so, and an affirmative vote of a majority of the City Council shall require the Presiding Officer to do so. If the Presiding Officer fails to carry out the will of the majority of the City Council, the majority may designate another member of the City Council to act as Presiding Officer for the remainder of the meeting, for the limited purpose of enforcing the rules established herein. 3. Clearing the Room: Pursuant to Government Code section 54957.9, in the event that any meeting is willfully interrupted by a group of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the Page 40 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings removal of the individuals who are willfully interrupting the meeting, the Presiding Officer may order the room cleared and the meeting shall continue in session. Only matters appearing on the agenda may be considered in such a session. Credentialed representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to Section 54957.9. 4. Violation of California State Law: A person or persons who willfully and intentionally impair or impede the conduct of a City Council meeting by violating these Rules of Procedure and Order may be prosecuted under California Penal Code section 403, California Elections Code section 18340, or any other applicable State law for disturbing a public meeting. XIV. PROCEDURAL MATTERS A. City Council Seating Arrangement: The seating arrangement of Councilmembers on the dais is at the prerogative of the Mayor. · B. Signing of Meeting Documents: The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating official signature which were adopted in their presence, unless unavailable, in which case the signature of the Vice-Mayor may be used. C. Copy of Recordings: The public may obtain from the City Clerk a copy, at cost, of an existing recording made by the legislative body of its public sessions. D. Ceremonial Matters: There are several different types of action the City Council may take to provide recognition or express appreciation: 1. Certifications of Appreciation or Recognition: Commendations are typically issued to acknowledge the activities of a person or organization. 2. Proclamations: Public announcements directing attention to a person, organization, event, or cause. Proclamations will be issued subject to the policy described below. E.C. Proclamations: It is the policy of the City Council to issue proclamations for certain individuals, organizations, events, or causes, when such a proclamation positively impacts the community and conveys an affirmative message to residents. Page 41 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings 1. Discretion should be used in determining whether or not to issue a proclamation. Proclamations that are political in nature, are controversial, or that likely would not enjoy a high level of community interest and support, are discouraged. 2. It is the policy of the City Council to process requests for proclamations in the following manner: a. Requests for proclamations will be made through the Mayor's Office; b. If the Mayor determines that the proclamation request is consistent with the policy stated above, the Mayor will direct his or her staff member to prepare the proclamation and the proclamation will be issued. c. Upon receipt of the draft proclamation language, the Mayor will direct the City Manager to place the item on a meeting agenda depending on the nature and time-sensitive nature of the request. d. Mayor and City Councilmembers will sign all Proclamations that go before the City Council. The Mayor’s City Manager’s Office will have an electronic file of each Councilmember on record to be used in the event that a City Councilmember is unable or unavailable to sign the Proclamation, XV. SOCIAL MEDIA With the ever-growing use of social media, the City Council and City staff should be aware that comments, statements, opinions, etc. are still subject to the same restrictions identified in the California Government Code, including but not limited to (the Brown Act and the Public Records Act). While the City of National City strives to maintain community involvement and transparency in its government functions, certain State and local laws must be considered and kept in mind while using social media platforms. Social media platforms such as Facebook, Twitter, and· others can be viewed by other people including other Councilmembers. Councilmembers are encouraged to check the information they provide for accuracy. Multiple Councilmembers cannot comment on the same conversation, as that can create a "serial meeting" of the City Council and is a direct violation of the Brown Act. If Councilmembers communicate on social media about "City business", as defined in City Administrative Policy No. 02.06, any such communication may be released to the public upon request. Councilmembers should refrain from stating personal opinions on matters being brought Page 42 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings before the City Council including, but not limited to: personal opinions on topics, declarations on how an official intends to vote for an item, debating with citizens on items, or presentation of the Councilmember's argument in support or opposition of an item, as those could be considered violations of the Brown Act, which can result in criminal and civil liabilities for the official. Councilmembers should always maintain professionalism and common courtesy in posts and comments when commenting in their official capacity and should remain neutral in postings to prevent the interpretation that a decision has already been made outside of an open meeting, in violation of the Brown Act. Councilmembers should also be aware that there is inherent personal civil liability risk on all comments the y make outside of official meetings. For example, if a Councilmember "blocks" a social media user, or deletes a comment from a social media user, the Councilmember risks violating the social media user's First Amendment rights. Councilmembers should not use their official positions to make negative posts, voice personal opinions, etc. against any individual, business, entity, etc., as that could create negative feedback for the official and City and could potentially subject the official to personal civil liability for slander, defamation of character, or other civil remedies that could be determined by a court. Councilmembers should also refrain from using aliases or having fake profiles on social networking sites. City Councilmembers and staff shall not use any official City media site, including but not limited to the City's Facebook page, the City's Twitter accounts, or to any other City media outlet for personal reasons or personal gain. IV. POLICY INTERPRETATION & APPLICABILITY The Policy and Rules of Procedure and Order set forth herein shall be liberally construed to effectuate their purpose and no ordinance, resolution, proceeding or other action of the City Council shall be invalidated, nor the legality thereof otherwise affected, by the failure or omission of the City Council to technically comply with, observe, or otherwise follow such rules. Any provision of these rules not already governed by City ordinance or State law may be suspended by a majority vote of the City Council. The rules set forth herein shall apply to all meetings of the City Council subject to the Brown Act and shall apply to the Council Chamber or any other location where a meeting subject to these rules takes place. In the event of any inconsistency between these rules and State law or regulation, State law or regulation shall apply. Page 43 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings IV. DEFINITIONS Abstain To publicly refrain from voting usually because of a conflict interest. Adjourn A privileged motion to officially close a meeting. A second is required and a majority vote is required to adopt it. Call to Order An announcement by the Presiding Officer to convene a meeting. Consent Calendar The routine parts of the agenda which are approved without discussion or dissent. Decorum To conduct oneself in a proper manner. Dire Emergency When a majority of the legislative body determines that a dire emergency exists, it may call an emergency meeting (Government Code Section 54956.5(a)(2)). A dire emergency, is defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body. Emergency Meeting When a majority of the legislative body determines that an emergency situation exists, it may call an emergency meeting (Government Code Section 54956.5). An emergency is defined as work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. Legislative Body City Councilmembers are legislators. Together, the members of the City Council constitute a legislative body that is given authority by the State constitution and State law to make local law. Meeting Includes any congregation of a majority of the members of a legislative body at the same time and location, including Page 44 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings teleconference location as permitted by Section 54953, to hear, discuss, r deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.(Government Code § 54952.2(a).) Minutes The official record of what is done at a meeting. Motion The vehicles for decision-making by a body used with a vote to indicate approval, denial, adoption, or direction. Ordinance A City law that generally requires two separate meetings and typically becomes effective thirty days after adoption. Parliamentarian One who advises the Officers, Committees, and Council Members on matters regarding parliamentary procedure. Policy The opinions, philosophy, or practices that are adopted by an organization. Public Hearing Items that are publicly noticed for a specific City Council meeting date, as generally required by law, and are designed to receive separate public input on a specific matter. Point of Order An interruption of a meeting to question whether rules or bylaws are being broken. Presiding Officer The officer conducting the meeting; Chair or Chairman. Public Hearing A noticed public session to receive original evidence or testimony on applications regulated by this title. Scheduled public hearings shall be commenced at 6:00 p.m. or as soon thereafter as possible. Quorum The minimum number of members who must be present at a meeting to transact business legally. Ralph M. Brown Act The Ralph M. Brown Act, commonly known as the "Brown Act," governs meetings conducted by local legislative bodies, such as Boards of Supervisors, City Councils and School Boards. The Act represents the Legislature's determination of how the balance should be struck between public access to meetings of Page 45 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings multi-member public bodies on the one hand and the need for confidential candor, debate, and information-gathering on the other. The purpose of the Brown Act is to facilitate public participation in local government decisions and to curb misuse of the democratic process by secret legislation by public bodies. Recess A period of time longer than twenty (20) days without a regular or special meeting of the Council. Resolution A legislative or other type of action providing for the disposition of a particular item of business. Resolutions take effect upon passage by a majority vote of the City Council unless other law imposes a later effective date. Rosenberg's Rules of Order Written rules of parliamentary procedure which govern a meeting. Sergeant-at-Arms The Chief of Police or his or her designee shall be the ex-officio Sergeant-at-Arms of the City Council. Special Meeting In contrast with a regular meeting, a meeting called for a particular purpose that is stated when the meeting is called. SECTION XVIII. RELATED POLICY REFERENCES Related Policy References National City Municipal Code, Chapter 2.04 National City Municipal Code, Title 16 Ralph M. Brown Act Rosenberg's Rules of Order City Council Policy No. 102 - City Council Meeting Times City Council Policy No. 103 - Special Council Meetings City Council Policy No. 105 - Off Agenda Items and Placing Non-Agenda Items on the Agenda City Council Policy No. 106 - Preparation of City Council Meeting Minutes City Council Policy No. 113 - Unauthorized Disclosure of Information Revealed in Closed Sessions City Council Policy No. 116 - Procedure for Disclosure of Ex Parte Contacts Page 46 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 October 15, 2024 ADOPTED: December 13, 1983 POLICY #104 TITLE: Rules of Procedure and Order for City Council Meetings Administrative Policy No. 02.06- Public Records Act Affecting Personal Electronic Devices & Accounts of City Users Prior Policy Amendments June 11, 2013 (Revised – removed Robert’s Rules of Order and replaced with Rosenberg’s Rules of Order) Per meeting minutes October 8, 2013 (Resolution No. 2013-147) April 2, 2019 (Resolution No. 2019-37) August 18, 2020 (Resolution No. 2020-152) October 5, 2021 (Resolution No. 2021-148) August 15, 2023 (Resolution No. 2023-119) October 17, 2023 (Resolution No. 2023-149) Page 47 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: August 15, 2023 October 15, 2024 ADOPTED: June 17, 1986 POLICY # 106 TITLE: Preparation of City Council Meeting Minutes PURPOSE To establish the format of the official minutes of the City Council (and all their subsidiary functions) and the disposition of video recordings of those proceedings. POLICY The meeting minutes will be action only minutes and will include the item title, staff recommendations, Board, Commission and Committee recommendations, the Council action and the vote. Public Hearings will include a list of people speaking in favor / in opposition or neutral to the item for consideration. The record of all items of business considered by the City Council (or their other subsidiary functions) shall consist solely of a brief title identifying each item of business, the recommendation of any Board, Commission or Committee, the recommendation of staff, the motion made, and the vote taken. The record of that portion of the City Council meeting devoted to reports from the Mayor, the City Attorney, and the other staff shall consist of a brief description of the subject matter of the report and of any description, provided that the record or any part thereof shall be verbatim if so requested by a member of the City Council prior to approval of the minutes. This would be to memorialize the conversation in the minutes. However, the video of the complete meeting is available on the City website for historical reference in full version. It is the goal of the City Clerk's Office to post the recording or webinar of the meeting within 24 hours of the meeting. The City Council meeting minutes will be posted once adopted by the City Council.. Hard copies of the City Council meeting agendas and minutes are available in the City Clerk's Office. Minutes and recordings will be maintained on the City's website according to the City’s most current Records Retention Schedule. Related Policy References None. Prior Policy Amendments June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147) Page 48 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: November 16, 2021 ADOPTED: June 17, 1986 POLICY # 107 TITLE: Appointments to Boards, Commission and Committees PURPOSE To establish a procedure to serve as a guide in making appointments to various City Boards, Commissions, and Committees. The City currently has the following Boards, Commissions, and Committees to which this Policy applies: Mayor’s Appointments: 1. Board of Library Trustees 2. Community and Police Relations Commission 3. Park, Recreation, and Senior Citizens Advisory Committee 4. Public Art Committee 5. Sweetwater Authority 6. Traffic Safety Committee 7. Veterans and Military Families Advisory Committee City Council Appointments: 1. Civil Service Commission 2. Planning Commission 3. Housing Advisory Committee including Ex-Officio Members 4. Port Commission (Per the San Diego Unified Port District Act, Section 16, this seat must be filled by a National City resident. The Commissioner shall be a resident of the City at the time of their appointments, and during the full term of the appointment.) POLICY Appointment Process A. Opportunity to apply. All interested individuals shall be given an opportunity to submit applications for vacancies on City Boards, Commissions, and Committees. Incumbent Appointees are not automatically re-appointed but are required to fill out an abbreviated application provided by the City Clerk, indicating their interest in continuing to serve. B. Unexpired terms. If an incumbent Appointee was appointed to fill an unexpired term and the Appointee serves for less than one year in that position, the Council may re- appoint the incumbent without considering other applicants. C. Vacancies. When vacancies occur, the following procedure shall be followed: 1. Schedule vacancy. When a term is expiring or expires, public notice of the vacancy shall be made, inviting interested individuals to submit applications for the vacancy Page 49 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: November 16, 2021 ADOPTED: June 17, 1986 POLICY # 107 TITLE: Appointments to Boards, Commission and Committees on a form provided by the City Clerk on the City website. Unscheduled vacancy. An unscheduled vacancy shall be filled according to Government Code Section 54974, which generally provides as follows: Whenever an unscheduled vacancy occurs, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the Office of the City Clerk, the City website, outside City Hall on the Bulletin Board, and on City social media platforms not earlier than twenty (20) days before or not later than twenty (20) days after the vacancy occurs. The City Council shall not make a final appointment for at least ten (10) working days after posting the notice in designated locations. The notice’s posting and application period shall be thirty (30) calendar days. However, if it finds that an emergency exists, the City Council may, fill the unscheduled vacancy immediately. According to this section, a person appointed to fill the vacancy shall serve only on an interim basis until the final appointment. The end of term for the members of Boards, Commissions, and Committees generally occurs in an annual rotation during the months of March and September. Appointments will be considered at those times unless a vacancy resulting from a resignation results in the lack of a Quorum on the Board, Commission, or Committee, in which case the appointment could occur at the time of the unscheduled vacancy in accordance with the procedure set out above. 3. Government Code Section 40605, and National City Municipal Code Title 16, grants the Mayor, with the City Council’s approvals, the authority to make all appointments unless otherwise explicitly provided by statute. The exceptions are: 1. Civil Service Commission 2. Planning Commission 3. Housing Advisory Committee including Ex-Officio Members 4. Port Commission The City Council fills vacancies on these bodies. D. Implementation. Implementation of Council policy for appointment to Boards, Commissions, and Committees requires the following: 1. Per Government Code Section 54972, on or before December 31 of each year, the City Council shall prepare a list of appointments of all regular and ongoing Boards, Commissions, and Committees appointed by the City Council. The City Clerk will prepare the list of all regular and ongoing Boards, Commissions, and Committees appointed by the Mayor or the City Council. The list shall Page 50 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: November 16, 2021 ADOPTED: June 17, 1986 POLICY # 107 TITLE: Appointments to Boards, Commission and Committees contain a list of all terms that will expire during the next calendar year, the incumbent appointee’s name, the appointment date, the term’s expiration date, and the position’s necessary qualifications. It shall also include a list of all Boards, Commissions, and Committees whose members serve at the City Council’s pleasure and the qualifications required for each position. This Local Appointments List shall be made available to the public on the City website. 2. Notice. A public notice for vacancies must be placed in the newspaper of general circulation within the City, on the City’s website, City Hall Bulletin Boards, and City social media platforms. 3. Expiration of term. All appointees will receive a letter as their terms expire asking if they would like to re-apply for the position. 4. Applications. Applications shall be available accepted electronically on the City website and in the City Clerk’s Office. Submissions must be received before the advertised deadline for consideration for the appointment. All applications will be retained in the City Clerk’s Office for one year from the date the application was submitted. During the one-year retention period of the application, an applicant shall be considered for other vacancies on Boards, Commissions, and Committees. The City Clerk’s Office will notify the applicant being considered for an appointment to confirm that they are still interested in volunteering. 5. A member may only serve on one (1) Board, Commission, or Committee at a time. If an applicant applies for another position on a different Board, Commission, or Committee, that applicant will forfeit the prior seat and a vacancy will occur per policy. 6. Residency requirement: If a position on the Board, Commission or Committee is for a resident, the applicant must be a resident at the time of submitting the application. The address must be an identifiable National City address, with verification by the City Clerk’s Office. If an applicant is found to be a non-resident, they will not be considered. They will be encouraged to apply for a non-resident seat when available. 7. Interviews: a. Mayor Appointments: Interviews for Mayoral appointments will be conducted by the Mayor outside of the public meeting and scheduled by the Mayor’s Office. b. City Council Appointments: Interviews for the four (4) Civil Service Page 51 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: November 16, 2021 ADOPTED: June 17, 1986 POLICY # 107 TITLE: Appointments to Boards, Commission and Committees Commission, Planning Commission, Housing Advisory Committee, and Port Commission who serve at the City Council’s pleasure and are appointed by the City Council as a body will be interviewed in the public forum at a City Council Meeting as described below. b.c. The City Clerk’s Office makes attempts to inform applicants of the date and time of the City Council Meeting scheduled for interviews and appointments. Allowing the applicant the opportunity to attend in person or via Zoom for interviews and questions. Attempts are made via emails, and telephone calls prior to the meeting. 8. Mayoral Appointments: The Mayor will make the motion to appoint (naming the appointee) and Councilmembers may second the motion. The City Clerk will then take a roll call vote of the City Council. A majority vote of the City Council will be required for the appointment. If the majority of the City Council choose to deny the proposed appointment, the Mayor shall either propose an alternative candidate from the current application pool or choose to reopen the application period and return to the City Council at a future City Council Meeting with a different applicant for consideration. If a Mayoral Appointment is not approved by the majority of the City Council by confirmation, that applicant is removed from the pool for that seat. The Mayor will return to a future meeting with a substitute Mayoral appointment. 9. For City Council Appointments, the Interview Process is as follows: a. The City Clerk will provide an overview of the Board, Commission , or Committee(s) with current vacancy (ies). The Mayor will introduce the applicant and two (2) questions will be asked of each applicant on behalf of the City Council. b. Each applicant is given two (2) minutes to make a brief introduction of themselves and their qualifications to the City Council. c. Mayor and City Councilmembers will ask questions of each applicant. All applicants must be asked the same questions. d. Total time per applicant is five (5) timed minutes with time allowed for clarification at the discretion of the City Council, not to exceed ten (10) minutes total per applicant. Page 52 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: November 16, 2021 ADOPTED: June 17, 1986 POLICY # 107 TITLE: Appointments to Boards, Commission and Committees e. All appointments and interviews before the City Council will be scheduled as needed to fill unexpected vacancies, with every effort to be made before an individual's term expires. Interviews may take place at one meeting, with appointments made at a subsequent meeting. 9. Vacancies for City Council Appointed Positions. If the vacancy is for a City Council appointed position, and there is more than one (1) applicant for a given position, the voting process will proceed as follows: Once the interviews are complete, each Councilmember votes for their choice via a written ballot provided by the City Clerk. Each Councilmember shall print and sign their name on the ballot. All ballots shall be considered a public record and be open to inspection by the public. The ballots are passed to the City Clerk who announces the number of votes for each candidate. If the appointment process is conducted via a virtual meeting the process is the same except the ballot/vote process. The City Clerk’s Office will provide a Vote Sheet (a piece of paper electronically) with the name of each applicant to be considered. Councilmembers will mark their paper, fold it and hand it to the City Clerk as they are collected. If a member is virtual, they will announce their vote verbally first before any other votes are read into the record. The City Clerk will tally the votes and will then confirm the votes with a verbal roll call. The applicant with the most votes is appointed. In the event of a tie, each Councilmember votes again until one (1) candidate has the majority vote and is declared to be the newly–appointed member of the Board, Commission, or Committee. 10. Re-appointment beyond two terms. Anyone wishing to be re-appointed to any Board, Commission, or Committee and has served two or more full terms already must be approved by a four-fifths vote of the City Council. If all five members of the City Council are not present, or if one member abstains or recuses their vote, the four- fifths requirement shall be changed to require only a simple majority. 11. Report to Council: All applications received for vacancies, whether Mayoral Appointment or City Council Appointment, will be attached to the staff report to Council. All applications will have private personal information redacted (name, street numbers and name of street address, and phone number). This redacted information is in alignment with Government Code Section 6255(a) because the public interest served by not Page 53 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: November 16, 2021 ADOPTED: June 17, 1986 POLICY # 107 TITLE: Appointments to Boards, Commission and Committees disclosing the applicant’s personal, private information and protection of the applicant’s right to privacy outweighs the public interest served by disclosing that information. 12. An automatic vacancy upon becoming a Non-Resident. An unscheduled vacancy automatically occurs when a resident holding an appointment position on a City Board, Committee, or Commission becomes a non-resident by moving out of National City limits. When an unscheduled vacancy occurs due to a resident becoming a non-resident, the unscheduled vacancy may be filled as follows: a. A special vacancy notice shall be posted in the Office of the City Clerk, and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final Appointment at a City Council Meeting shall not be made by the Appointing Authority for at least 10 working days after the posting of the notice in the City Clerk’s Office. b. The Appointing Authority may appoint the former resident to a Non- Residential position if a Non-Residential position is vacant. However, the Appointing Authority may, if it finds that an emergency exist s, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section. 13. Only City Residents may be elected to Chair and Vice-Chair positions. To be eligible to be elected as the Chairperson of a City Board, Committee, or Commission, the member must be a resident of the City. 14. Resignations, Attendance, Training, and Removals Resignation: If a Commissioner or Member of a Board, Committee, or Commission is unable to continue serving because of health, business requirements, or personal reasons, a letter of resignation shall be submitted to the City Clerk, who will present to the City Council. Attendance: Regular attendance at meetings is critical to be effective operation of City Boards, Page 54 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: November 16, 2021 ADOPTED: June 17, 1986 POLICY # 107 TITLE: Appointments to Boards, Commission and Committees Commissions, and Committees. The City Council relies on the advice of the City’s Boards, Commissions, and Committees, which is the result of discussions among appointed members. The City Council anticipates that members of Boards, Committees, and Commissions shall make every reasonable effort to attend all regular and special meetings of their respective Boards, Commissions, and Committees, and to be prepared to discuss matters on their respective agendas. A Commissioner or Member of a Board, Committee, or Commission shall be considered removed from any advisory board under the following conditions: 1. A Commissioner or Member of a Board, Committee, or Commission with unexcused absences from three consecutive regularly scheduled meetings. 2. A Commissioner or Member of a Board, Committee, or Commission misses more than 25% of the advisory body’s meetings in a calendar year. 3. A Commissioner or Member of a Board, Committee, or Commission must be present at least one hour, or 50% of the entire meeting, whichever is less, to be counted as present for purposes of attendance. Excused Absences: An “excused absence” is only granted when absolutely necessary and pre- approved if at all possible. The City Council encourages Boards, Commissions, and Committees to refrain from scheduling meetings on cultural and religious holidays in order to encourage full participation by all Commissioners, Board Members, and the public. The pre-approval of excused absences will be by the body as a whole and documented in the meeting minutes. Excused absences are listed as follows: 1. Illness of the Commissioner or Member of the Board, Committee, or Commission, their family member, or their personal friend; 2. Business commitment of the Commissioner or Member of the Board, Committee, or Commission that interferes with the attendance at a meeting; 3. Attendance of the Commissioner or Member of the Board, Committee, or Commission at a funeral, religious service or ceremony, wedding, or other similarly-significant event; or 4. Other reason for which the Commissioner or Member of the Board, Committee, or Commission has given notice to the Chairperson or Secretary of their unavailability fifteen (15) days in advance, as long as the unavailability Page 55 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: November 16, 2021 ADOPTED: June 17, 1986 POLICY # 107 TITLE: Appointments to Boards, Commission and Committees is not expected to last longer than 30 days. Removal: The Secretary or Lead of each Board, Commission, or Committee will report the attendance to the Office of the City Clerk on a monthly basis. If the attendance or absences fall within these guidelines, the Office of the City Clerk will prepare a report to City Council for review and possible removal of the Commissioner, Member, or Alternate sitting on the Board, Committee, or Commission. Any Commissioner, Member, or Alternate sitting on a Board, Committee, or Commission may be removed from office at any time by a simple majority vote of the City Council at a regularly scheduled Council meeting with or without cause. Mandatory Training and Filing Requirements: Commissioners and Members of Board, Committee, or Commission, as appointed by the legislative body, are entrusted with certain responsibilities and concomitant training and reporting. The following are requirements of Commissioners and Members of Boards, Commissions, and Committees. This training is required to be completed within 30 days of appointment or notification. 1. Oath of Office (Article XX of the California Constitution, and California Government Code Section 36507) 2. Fair Political Practices Commission (FPPC) Statement of Economic Interest Form 700 Filing (California Government Code Section 87100 et seq) 3. AB1234 Ethics Training (California Government Code Section 53235.1(b)) 4. Sexual Harassment Training 5. Brown Act Training 6. Social Media Training 7. Any training required by State Law, Federal Law, or City Policies. All training is offered in a variety of formats including in person, vi a Zoom, training website/software, and pre-recorded video. Currently, these are all requirements of the Mayor and City Council, and City staff. Removal: Page 56 of 520 CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: November 16, 2021 ADOPTED: June 17, 1986 POLICY # 107 TITLE: Appointments to Boards, Commission and Committees Failure to complete any of these requirements within 30 days of the appointment date or date of notification is cause for automatic removal. Related Policy References Government Code Section 40605 Government Code Section 54970, et seq. Article XX of the California Constitution, and California Government Code Section 36507 California Government Code Section 53235 (b) California Government Code Section 871 00 et seq National City Municipal Code Title 16 (pending) Prior Policy Amendments: February 2, 2021 (Resolution No. 2021 -08) May 19, 2020 (Resolution No. 2020-95) November 9, 1993 (Resolution No. 93-173) June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147) May 19, 2020 (Resolution No. 2020-20) Page 57 of 520 Page 1 of 5 CITY COUNCIL POLICY CITY OF NATIONAL CITY CITY OF NATIONAL CITY NCIL POLICY CITY OF NATIONAL CITY TYY TITLE: Mayor and City Councilmembers Office Budget POLICY: 121 ADOPTED: June 4, 2024 AMENDED: October 15, 2024 PURPOSE The City Council of National City, during the adoption of the Fiscal Year 2023-2024 City Budget, included a $100,000 appropriation for each Councilmember’s budget. The purpose of this policy is to establish uniform guidelines and procedures for the expenditure of the funds to ensure that the funds are expended in the best interests of the Council District and/or City, as applicable, and are consistent with the objectives of the City’s Strategic Plan and City Council priorities. POLICY A. The Mayor and each Councilmember must submit an Annual Appropriation Request for review by the Department of Finance and the City Manager as part of the City’s Annual Budget Adoption process. Budget categories are as follows: Personnel Services o Part Time Positions o Full Time Positions o Professional Services (consultants) Governmental Purposes: These expenditures must be consistent with the City’s adopted Strategic Plan and City Council priorities and spent within the District of the Councilmember. (See attached Strategic Plan 2020 -2025). Training, Travel and Subsistence: These expenditures are for conferences or training registration fees, travel costs associated with getting to the training/conference, and lodging and meals during the training/conference. The training/conference must be directly related to City business and have a direct benefit to the City and, therefore, will be considered City business. When a Councilmember attends a conference/training at the expense of the City he/she must report out on the conference/training in accordance with AB 1234. Attachment 2 to this policy is the list of approved conferences and trainings. Conferences/trainings not listed will require City Council approval. All requests for reimbursement for travel and conference/training expenses must be consistent with City Council Policy #109 and must be pre-approved by the Purchasing Review Committee. These funds may also be used for travel, lodging and meals related to legislative advocacy provided the legislative advocacy is consistent with the City’s adopted legislative platform. Page 58 of 520 TITLE: Mayor and City Councilmembers Office Budget POLICY: 121 ADOPTED: June 4, 2024 AMENDED: October 15, 2024 Page 2 of 5 Materials and Supplies: These expenditures are for general office supplies, supplies for events or outreach. Purchase of materials and supplies must be consistent with the City’s Purchasing Policy. B. Professional Services: Councilmembers may require, in addition to administrative support, services of a recurring nature or for a specific one-time project which cannot be routinely provided by City staff, either because of the expertise required or the ongoing workload. Consultants may be employed where City staff is unable to accommodate this need. It is the policy of the Council that the selection of consultants by Mayor and/or Councilmembers shall be made from as broad a base of applicants as possible and that the choice be based on demonstrated capabilities or specific expertise. The Council encourages the engagement of local consultants where possible. The type and scope of the required service or product must be clearly defined by the Mayor/Councilmember so the City Manager can determine whether it can be most efficiently provided by City staff or by a consultant and, where a consultant will be chosen, whether licensed or non-licensed services are necessary. A minimum of three qualified consultants should be considered for selection except in those cases where unique expertise is required and can be provided only by a limited number of available consultants. All consultant contracts must be reviewed by the City Attorney’s Office for compliance with AB 5 and shall be on a City Attorney approved contract form. All consulting contracts which exceed $50,000 shall be reviewed and approved by the City Council. At a minimum, the following information shall be provided to the Council for review: * The length of time the consultant has been in the business required by the scope of work. * Proof of expertise and demonstrated success in the field of expertise required by the scope of work. * Disclosure of economic interests and relationships between the Mayor/Councilmember and the consultant during the past 12 months. For contracts below $50,000, the City Manager has the discretion as to whether City Council approval is required. C. Part Time and Full Time Personnel: Part time and full time personnel shall be recruited and hired in accordance with the City’s personnel hiring policies and practices. Page 59 of 520 TITLE: Mayor and City Councilmembers Office Budget POLICY: 121 ADOPTED: June 4, 2024 AMENDED: October 15, 2024 Page 3 of 5 D. Restrictions on the Use of Public Resources: All expenditures are subject to the restrictions on the use of public funds including, but not limited to: a. Gift of public funds prohibited. b. Use of public funds or resources for political purposes is prohibited. c. Political activities during the workday are prohibited. d. Public resources cannot be used for political campaign activities. E. Social Media: To the extent public resources (i.e. funds or staff) are used for social media, the City’s Social Media Policy is applicable. The Social Media Policy is Policy 1.13 and is located in the City Administrative Manual. F. Reimbursement Procedure: Prior to the expenditure, all reimbursement requests must be submitted to the Mayor (acting as the Department Head) for approval. The request shall show the details of the proposed expenditure with supporting documents. The Mayor shall review the request for compliance with this policy and any other applicable policy and affix his/her signature to signify approval and submit the request to the City Manager for final approval. Should the Mayor not approve a reimbursement request he/she shall notify the City Council within 24 hours of the denial and provide the basis for the denial. In the event the Mayor and City Manager disagree as to the approval/denial of the specific request, the request shall be submitted to the City Council for consideration. G. District Budget Carryover: Council District funds shall be expended during the fiscal year approved. Unexpended funds shall not carry over into the next fiscal year. H. Non-profits: Council District funds shall not be used to contribute to or support non- profit or tax exempt organizations. I. This policy shall be reviewed on an annual basis. PRE-APPROVED CONFERENCES California League of Cities sponsored conferences/trainings National League of Cities sponsored conferences/trainings California Fair Political Practices Commission sponsored conferences/trainings International Council of Shopping Centers (ICSC) sponsored conferences/trainings American Public Works Association (APWA) sponsored conferences/trainings Vehicles for Change sponsored conferences/trainings National Association of Regional Councils sponsored conferences/trainings Conferences/trainings approved during the Budget Adoption process San Diego Regional Chamber of Commerce Binational Delegation to Mexico City Page 60 of 520 TITLE: Mayor and City Councilmembers Office Budget POLICY: 121 ADOPTED: June 4, 2024 AMENDED: October 15, 2024 Page 4 of 5 STRATEGIC PLAN 2020-2025 Strategic Focus Area #1 – Balanced Budget and Economic Development a) Maximize economic development strategies. b) Partner with other public agencies and non-profits, to increase revenue and augment services. c) Manage pension and other employee expenses. d) Optimize City assets and lease property, when appropriate. Strategic Focus Area #2 – Communication and Outreach a) Prepare effective budget, close deficit, accurately forecast funding sources, manage investments wisely, provide consistent financial reports, maintain clean audits, resolve findings/ deficiencies in a timely manner, and update finance and budget policies. b) Connect the community with timely and transparent information. c) Increase meaningful outreach through quality engagement. d) Improve emergency preparedness and public noticing. e) Promote educational and economic opportunities. Strategic Focus Area #3 – Health, Environment, and Sustainability a) Update and Implement the Climate Action Plan. b) Support a healthy community through active living and healthy eating. c) Create health and education hubs around major transit stops. d) Support an age-friendly community. Strategic Focus Area #4 – Housing and Community Development a) Pursue new housing options at all income levels. b) Ensure preservation of existing affordable housing stock. c) Streamline permitting and improve code compliance. d) Enhance role in reducing homelessness. Strategic Focus Area #5 – Parks, Recreation and Library a) Improve outreach and increase participation. b) Organize community events and support other gatherings. c) Seek reliable funding and synergize the South Bay partners. d) Develop volunteer program and community services plan. Strategic Focus Area #6 – Public Safety a) Reduce overall crime and illegal activity b) Improve operational readiness and community resilience c) Enhance recruitment and retention and promote public safety pipeline. d) Expand community engagement and increase visibility. Page 61 of 520 TITLE: Mayor and City Councilmembers Office Budget POLICY: 121 ADOPTED: June 4, 2024 AMENDED: October 15, 2024 Page 5 of 5 Strategic Focus Area #7 – Transportation Choices and Infrastructure a) Expand mobility choices by improving access to transit, biking, walking, rolling and parking management. b) Improve traffic safety through traffic calming and safe routes. c) Update capital needs assessment and funding strategies. d) Maintain infrastructure and establish measurable targets. Prior Policy Amendments: June 4, 2024 (Resolution No. 2024 -60) Initiated Page 62 of 520 RESOLUTION NO. 2024- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING CITY COUNCIL POLICY NOS. 101, 104, 106, 107, and 121 WHEREAS, the City of National City (“City”) City Council Policy No. 101 requires an annual review of the City’s City Council Policy Manual; and WHEREAS, having completed the annual review of the City’s City Council Policy Manual, City staff requests that the City Council authorize updates to Policy Nos. 101, 104, 106, 107, and 121 as displayed in Exhibits B through F of the agenda report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes updates to the following City Council Policies: Policy No. 101 – City Council Policy Manual; and Policy No. 104 – Rules of Procedure and Order for City Council Meetings; and Policy No. 106 – Preparation of City Council Meeting Minutes; and Policy No. 107 – Appointments to Boards, Commission and Committees; and Policy No. 121 – Mayor and City Councilmember Office Budget Section 2: 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 15th day of October, 2024 __________________________ Ron Morrison, Mayor ATTEST: _________________________ Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM _________________________ Barry J. Schultz, City Attorney Page 63 of 520 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, MMC, City Clerk Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Approval of City Council Meeting Minutes. RECOMMENDATION: Approve and File. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Meeting Minutes: Regular City Council Meeting of October 1, 2024 FINANCIAL STATEMENT: Not applicable. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Not Applicable ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act. ORDINANCE: Not Applicable EXHIBIT: Exhibit A - Regular City Council Meeting of October 1, 2024 – Meeting Minutes Page 64 of 520 REGULAR MEETING MINUTES OF THE CITY COUNCIL October 1, 2024, 6:00 p.m. City Council Chamber - 1243 National City Boulevard National City, CA Present: Councilmember Bush Councilmember Molina Councilmember Rodriguez Vice-Mayor Yamane Mayor Morrison Others Present: Ben Martinez, City Manager Barry J. Schultz, City Attorney Shelley Chapel, City Clerk (via Zoom) Carlos Aguirre, Director of Community Development Walter Amedee, Management Analyst III Juanita Castaneda, Recreation Supervisor Robert Drew, Deputy Fire Marshal/Fire Inspector Jo Espiritu, Fire Inspector Bruce Foltz, Finance Director Danielle Ghio, Acting City Librarian Jacob Guzman, Fire Inspector Brian Hadley, Deputy City Manager Alex Hernandez, Chief of Police Lydia Hernandez, Director of Human Resources Robert Hernandez, Division Chief/Fire Marshal Tonya Hussain, Deputy City Clerk Martha Juarez, Assistant Director of Engineering/Public Works Sergio Mora, Fire Chief Ronny Soriano, Neighborhood Services Manager Page 65 of 520 1. CALL TO ORDER A Regular Meeting of the City Council of the City of National City was called to order at 6:07 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. 2. ROLL CALL Councilmembers present: Bush, Molina, Rodriguez, Yamane (6:31 p.m. arrival), Morrison Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon. 3. PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Bush led the Pledge of Allegiance. 4. INVOCATION Delivered by Pastor Reuben. 5. PUBLIC COMMENT Mayor Morrison summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced City Clerk Chapel. Five (5) speakers provided virtual comments and two (2) people provided in-person comment: Virtual Comment: Peggy Walker Megan Stuart Madison Rapp Terri-Ann Skelly Becky Rapp In-person Comment: Rob Umana Truth 6. PROCLAMATIONS AND RECOGNITION 6.1 Proclamation - Fire Prevention Week Mayor Morrison introduced the Proclamation. The proclamation was accepted by Chief Mora and Fire Department staff. The staff performed a demonstration for the City Council and community in attendance on the safe use of a Fire Extinguisher. 6.2 Introduction of New City Employees City Manager Ben Martinez, Human Resources Director Lydia Hernandez, Neighborhood Services Manager Ronny Soriano, Director of Community Page 66 of 520 Development Carlos Aguirre, and Chief of Police Alex Hernandez introduced new members of department staff. Councilmember Bush left the dais at 6:56 p.m. and returned at 7:02 p.m. 7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) One public comment was received from Truth. Councilmember Rodriguez had no report. Councilmember Bush announced the annual Free Transit Day scheduled to occur on October 2, 2024. Councilmember Molina reported on the business of the SANDAG Board of Directors meeting. Vice-Mayor Yamane provided an update on the San Diego Water Authority. Mayor Morrison had no report. Port Commissioner Ungab provided an update via a PowerPoint presentation. Councilmember Bush left the dais at 7:14 p.m. and returned at 7:15 p.m. Councilmember Rodriguez left the dais at 7:17 p.m. and returned at 7:18 p.m. 8. CONSENT CALENDAR ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to approve the Consent Calendar with the exception of Items 8.3 and 8.4 pulled by Vice - Mayor Yamane; 8.7 pulled by Councilmember Molina; and, Items 8.8 and 8.9 pulled for public comment. 8.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda Motion carried by unanimous vote. 8.2 Approval of City Council Meeting Minutes. Approve and File. Motion carried by unanimous vote. Item pulled for discussion. 8.3 Bayshore Bikeway - Segment 5 project, CIP 22-33, ATP Cycle 6, grant appropriation for Construction (CON) phase. Adopted Resolution No. 2024-111. Page 67 of 520 Brief report provided by Assistant Director of Engineering/Public Works Martha Juarez. Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Mayor to Execute Program Supplement Agreement No. A670 with the State of California Department of Transportation for the Bayshore Bikeway - Segment 5 project, CIP 22-33, ATP Cycle 6; 2) Authorizing the Establishment of an Engineering Grants Fund Appropriation of $2,072,000 and Corresponding Revenue Budget; and 3) Committing to Providing a Local Match of $310,800.” ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Bush to adopt the resolution. Motion carried by unanimous vote. Item pulled for discussion. 8.4 Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) for a New Charter School (Integrity Charter School) to be located at 229- 241 National City Blvd. Report provided by Director of Community Development Carlos Aguirre. One public comment received from Joseph Martinez. Staff Recommends Approval of the New Charter School, Subject to the Recommended Conditions in the Attached Planning Commission Resolution and a Determination that the Project is Exempt from the California Environmental Quality Act (CEQA). An Educational Institution is a Conditionally Allowed Use in Development Zone 2 of the Downtown Specific Plan Area and would be a Resource for the Local Community. ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to approve the staff recommendation. Motion carried by unanimous vote. 8.5 Project Close-Out and Notice of Completion for the Civic Center ADA Accessibility Project, CIP No. 19-45. Adopted Resolution No. 2024-112. Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by Blue Pacific Engineering and Construction for the Civic Center ADA Accessibility Project, CIP No. 19-45; 2) Ratifying Change Order Work in the Amount of $2,145.10; 3) Approving the Final Contract Amount of $214,419.00; 4) Ratifying the Release of Retention in the Page 68 of 520 Amount of $10,720.95; and 5) Authorizing the Mayor to Sign the Notice of Completion.” Motion carried by unanimous vote. 8.6 Project Close-Out and Notice of Completion for the Kimball Park Dog Park and Tot Lot and Las Palmas Park Dog Park Project, CIP 23-06. Adopted Resolution No. 2024-113. Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by HSCC Inc. for the Kimball Park Dog Park and Tot Lot + Las Palmas Park Dog Park Project, CIP No. 23-06; 2) Approving the Final Contract Amount of $1,036,359.28; 3) Ratifying the Release of Retention in the Amount of $51,817.96; and 4) Authorizing the Mayor to Sign the Notice of Completion.” Motion carried by unanimous vote. Item pulled for discussion. 8.7 Approval of Expenditures for Councilmember Jose Rodriguez related to Attendance at the California Department of Education Housing Summit in Sacramento on August 14, 2024. Staff Recommends Approval of Expenditures for Councilmember Jose Rodriguez related to attendance at the California Department of Housing Summit in Sacramento on August 14, 2024. ACTION: Motion by Councilmember Molina to deny approval of the expenditure. Motion failed for lack of a second. ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to approve the expenditure. Ayes: Bush, Rodriguez, Yamane, Morrison Nays: Molina Motion carried by 4-1 vote. Councilmember Molina left the dais at 8:12 p.m. and returned at 8:13 p.m. Item pulled for discussion. 8.8 Warrant Register #7 for the period of 8/9/24 through 8/15/24 in the amount of $2,564,874.14 Public comment was received from Truth and Thomas Rike. Ratify Warrants Totaling $ 2,564,874.14 Page 69 of 520 ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Bush to ratify Warrant Register #7. Motion carried by unanimous vote. Item pulled for discussion. 8.9 Warrant Register #8 for the period of 8/9/24 through 8/15/24 in the amount of $4,828,614.60 Ratify Warrants Totaling $4,828,615.60 ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to ratify Warrant Register #8. Motion carried by unanimous vote. 9. STAFF REPORTS 9.1 Development and Disposition Agreement with Tower 999, LLC, for a Mixed-Use Housing Project Including City-Owned Real Property Located at 921, 925, and 929 National City Blvd. Adopted Resolution Nos. 2024-114 and 2024-115. Director of Community Development Carlos Aguirre presented a PowerPoint presentation. Cyrus and Emilia, Inc. Managing Partner Cyrus Rapinan was present and answered questions posed by the Council. Public comment was received from Thomas Rike for this item, mistakenly made during discussion for item 8.9. Recommendation: Adopt the Resolutions Entitled: 1. “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute a Disposition and Development Agreement with Tower 999, LLC, a Nevada Limited Liability Company, for the Disposition of City-Owned Real Property Located at 921, 925, and 929 National City Boulevard for the Development of a Seven-Story, Mixed-Use Building with Approximately 9,294 Square Feet of Retail/Commercial Space and 127 Rental Housing Units.” 2. “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute the Compensation Agreement by and among the City of National City, the County of San Diego, the National School District, the Sweetwater Union High School District, Southwestern College, San Diego County Office of Education, and the San Diego County Page 70 of 520 Water Authority Pertaining to the Sale of Real Property Located at 921, 925, and 929 National City Boulevard in National City.” ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Molina to adopt both resolutions and for the team to work with staff to bring forward realistic parking solutions. Motion carried by unanimous vote. 9.2 Amending City Council Policy No. 301 – Legislative and Judicial Platform for 2025 Adopted Resolution No. 2024-116. Item presented by City Clerk Chapel. Public comment received from Truth. Staff Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending City Council Policy No. 301 – Legislative and Judicial Platform”. ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to adopt the resolution. Motion carried by unanimous vote. Mayor Morrison called for a recess at 9:03 p.m. Meeting reconvened at 9:11 p.m. with all members present. 9.3 Municipal Services Agreement Whitepaper – Port of San Diego City Manager Ben Martinez introduced the item and Special Legal Counsel Devaney Pate Morris & Cameron Partner Ralph Hicks, who provided a PowerPoint presentation. Fire Chief Mora, Police Chief Hernandez, and Port of San Diego President and Chief Operations Officer Randa Coniglio were present and addressed Council. Public Comment was received from Jeremy Day and Randi Castle Salgado. Recommendation: Approve for Distribution the City’s Municipal Services Whitepaper to the Port of San Diego and Other Interested Parties, and Direct the City Manager to Secure Full Reimbursement Funding from the Port for Providing Municipal Services. The Full Cost Burden to the City from Providing Port Related Fire, Police, Community Development, and Engineering Services is $8,848,107.00. The City Currently Receives from the Port a Base Rate of Approximately $1.3 Million. ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina to approve the recommendation with the addition of an Ad Hoc Committee to be Page 71 of 520 established by a City Council vote at the next City Council meeting on October 15, 2024. Motion carried by unanimous vote. 10. CITY MANAGER’S REPORT City Manager Martinez thanked the Public Works team for their preparation for Free Transit Day. 11. ELECTED OFFICIALS REPORT Closing remarks were provided by members of the City Council. 12. CITY ATTORNEY REPORT No report. 13. ADJOURNMENT Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, October 15, 2024, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. The meeting adjourned at 10:24 p.m. _________________________ Tonya Hussain, Deputy City Clerk The foregoing minutes were approved at the Regular Meeting of October 15, 2024. __________________________ Ron Morrison, Mayor Page 72 of 520 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, MMC, City Clerk Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Approving Proposed Amendments to the Planning Commission Bylaws. RECOMMENDATION: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving Proposed Amendments to the Planning Commission Bylaws.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: On Monday, September 16, 2024, the Planning Commission approved the Bylaws as provided by a majority vote, 5-0, of those Commissioners present, with Commissioners Quinones and Valenzuela absent. EXPLANATION: The members of the Planning Commission are appointed by a majority of the City Council following a public interview at a City Council meeting. Commissioners are appointed to consider land use planning matters, to render determinations and make recommendations to the City Council, including changes to the City’s General Plan, Specific Plans, and Land Use Code. The Planning Commission also provides discretionary review for land use matters such as Conditional Use Permits, Variances, and Subdivisions. In addition to planning and land use matters, the Planning Commission also serves as the Housing Advisory Committee, which provides input on housing related matters, such as the Housing Element and the Focused General Plan Update, and plays a role in moving housing programs and projects forward. National City Municipal Code (NCMC) Section 16.06.050 states that the Planning Commission may adopt bylaws and operating procedures from time to time, provided that such bylaws and procedures don’t conflict with NCMC Chapter 16.06. The Planning Commission was created by Ordinance No. 559 on December 15, 1925. The last time the Bylaws were revised was June of 2010. On Monday, September 16, 2024, the Planning Commission approved amendments to the Planning Commission Bylaws. The Bylaws were amended to reflect City Council Policy No.107 and to be uniform in alignment with other Board, Commission, and Committee bylaws. A summary of the changes approved can be reviewed in the attached Exhibit A, in which the recommended edits are shown in a redline format for clarity. FINANCIAL STATEMENT: Not Applicable. Page 73 of 520 RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Communication and Outreach ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065. PUBLIC NOTIFICATION: The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – FINAL Planning Commission Bylaws 2024 REDLINE Exhibit B – FINAL Planning Commission Bylaws 2024 Exhibit C - Resolution Page 74 of 520 CITY OF NATIONAL CITY PLANNING COMMISSION AND HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE BYLAWS. ARTICLE I – THE COMMISSION Section 1. Name of Commission The Commission shall act in the capacity of the “Planning Commission” and the “Housing and Community Development Committee” and shall hereinafter be referred to as the “Commission”. Section 2. Mission Statement That the following shall be the Mission Statement of the Commission: The Commission shall provide a forum to encourage communication from persons, organizations, and institutions in the City of National City about land use, housing, transportation, environmental quality, and safety and landscaping throughout the City of National City. When serving as the Planning Commission, the Commission shall perform the following functions in accordance with state law §65103 and the City’s Municipal Code Chapter 16.062.28: 1. Prepare, periodically review, and revise, as necessary, the general plan. 2. Implement the general plan through actions including, but not limited to the administration of specific plans, and zoning, and subdivision ordnances. 3. Annually review the capital improvement program for consistency with the general plan, pursuant to Article 7 (commencing with Section 65400). 4. Endeavor to promote public interest in, comment on, and understanding of the general plan and regulations relating to it. 5. Consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens generally concerning implementation of the general plan. 6. Promote the coordination of local plans and programs with the plans and programs of other public agencies. 7. Perform other functions as the legislative body provides, including conducting studies and preparing plans other than those required or authorized by this title. Additionally, in accordance with the City’s Municipal Code Chapter 13.18, the Commission will perform the following functions: Page 75 of 520 Page 2 of 9 Planning Commission Bylaws- Revised SeptemberJyune 202410 8. Identify appropriate trees for planting within the City’s parkways and along roadways within National City, 9. Adopt and routinely maintain an “official” street tree list of appropriate trees to install within the City’s parkways and along roadways within National City, 10. All trees within the public right of way identified for removal and/or installation shall be referred to the Director of Public Works for determination that removal and/or installation of said tree is warranted. If the request is denied by the Director of Public Works, the property owner may appeal to the “Commission” for further review and determination (in accordance with Section 13.18.030 of the Municipal Code). 11. Review all public works projects when landscaping and street trees are proposed to determine appropriate and desirable street trees and landscaping that will further enhance and beautify the city. When serving as the Housing and Community Development Committee, the Commission shall: 12. Encourage communication from persons, organizations and institutions in the City of National City, and to give advice and make recommendations to the housing authority or to the projects, programs and policies that seek to, for example: (1) pursue new housing options at all income levels; (2) ensure preservation of existing affordable housing; (3) streamline permitting and improve code compliance; and (4) enhance the city’s role in reducing homelessness. Give advice and make recommendations to the Community Development Commission of the City of National City on projects, programs, and policies including the following: a. The Housing and Urban Development Section 8 Housing Assistant Payments Program for existing housing and for new construction. b. Housing improvement, housing assistance and neighborhood improvement projects, programs and policies in connection with federal and state laws relating to housing and neighborhood improvement. Section 3 Duties The duties of the Commission shall be: 1. To receive and review proposals for the General Plan, including the preparation of zoning, land subdivision and other discretionary development applications and performs all duties specifically assigned by the Municipal Code. 1.2. To review proposed projects for potential environmental impacts and compliance with the California Environmental Quality Act. Formatted: Indent: Left: 0.5", Hanging: 0.5", Right: 0.48", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.01" + Tab after: 1.26" + Indent at: 1.26", Tab stops: 1", List tab + Not at 1.26" Page 76 of 520 Page 3 of 9 Planning Commission Bylaws- Revised SeptemberJyune 202410 2.3. To make recommendations to the City Council for specific land use entitlements requiring final decision by the City Council. 3.4. To make recommendations to the Community Development Commission on matters pertaining to Section 8 Housing Assistant Payment Programs and housing improvement, housing assistance and neighborhood improvement projects, programs, and policies in connection with federal and state laws relating to housing and neighborhood improvement. 4.5. To make decisions related to installation and/or removal of street trees and landscaping within the public rights of way. Section 4. Membership A. Composition The Commission shall be comprised of seven (7) individuals, which are residents of National City, appointed by, and to serve at the pleasure of the City Council. The Mayor with the approval of the City Council shall appoint the members. These seven (7) individuals shall be Planning Commission members and also serve on the Housing and Community Development Committee., Two (2) additional individuals shall be appointed and serve only on the Housing and Community Development Committee. These two (2) additional individuals shall be appointed in the same manner as the Planning Commission members; s hall be ex officio members, and shall have subject matter expertise in housing-related matters. Ex officio members are not required to be National City residents.be tenants of the community development commission (CDC), one of whom shall be over sixty-two years of age. Said ex officio members shall sit with the seven members of the Planning Commission on such occasions as the commission is acting in the capacity and carrying out the functions of the committee. B. Terms of Membership The terms of the members shall be for four (4) years, subject to reappointment by the City Council. Each four-year term shall commence on the first day of April and shall expire on the thirty-first day of March four years thereafter. Upon expiration of term, a member shall serve until re-appointed or replaced. C. Termination of Membership Membership in the Commission shall automatically terminate in the event that: 1. The member’s term has expired. If a term expires, the member can eithershall continue until reappointment or replacement; or 2. The member shall have been absent from the number of Commission meetings specified in these bylaws. D. Removal of Members A member may be removed by a majority vote of the City Council. Page 77 of 520 Page 4 of 9 Planning Commission Bylaws- Revised SeptemberJyune 202410 E. Resignation Any Commission member may resign at any time by giving written notice to the Chairperson. Any such resignation will take effect upon receipt or upon any date specified therein. The acceptance of such resignation shall not be necessary to make it effective. F. Filling of Vacancies In the event a vacancy occurs on the Commission by reason of death, resignation, removal or termination, such vacancy shall be filled by the majority of the City Council, with new members so appointed having to meet the qualifications set forth in Article I, Section 4(a). Persons appointed to fill vacancies shall fill the unexpired terms of their predecessors. ARTICLE II – OFFICERS Section 1. Officers The officers of the Commission shall consist of a Chairperson and a Vice Chairperson, and shall be elected in the manner set forth in this Article II. Section 2. Chairperson The Chairperson shall preside at all meetings of the Commission and shall submit such agenda recommendations and information at such meetings that are reasonable and proper for the conduct of the business affairs and policies of the Commission. The Chairperson shall sign all resolutions, approved minutes, and other legal documents of the Commission (if any). Section 3. Vice Chairperson The Vice Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson. Section 4. Staff The Commission shall be served by a full-time professional staff within the Planning Division which shall include a secretary who will prepare an agenda for each regular or adjourned meeting. The agenda and supporting documentation shall be provided to the Commission at least four (4) calendar days prior to the date of the meeting at which such agenda is to be considered. The meeting shall be recorded and minutes prepared for approval by the Commission at the next regularly held meeting. The agendas and minutes shall be available to the public and retained at the City. Section 5. Additional Duties The officers of the Commission shall perform such other duties and functions as may from time to time be required by the Commission, the bylaws. or other rules and regulations, or which duties and functions are incidental to the office held by such officers. Page 78 of 520 Page 5 of 9 Planning Commission Bylaws- Revised SeptemberJyune 202410 Section 6. Election The Chairperson and Vice Chairperson shall annually be elected by a majority of the members of the Commission from among the members of the Commission. The terms of the Chairperson and Vice Chairperson shall be one year. The Chairperson and Vice Chairperson may serve consecutive and/or multiple terms. Section 7. Vacancies Should the offices of the Chairperson or Vice Chairperson become vacant, the Commission shall elect a successor from among the Commission members at the next regular or special meeting, and such office shall be held for the unexpired term of said office. ARTICLE III – MEETINGS Section 1. Regular Meetings The Commission shall hold at least two regular meetings in each month and shall annually adopt a schedule for such meetings, shall adopt rules for the transaction of business, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. Any regular meeting may be dispensed with by a majority vote of the Planning Commission. The Housing and Community Development Committee shall hold at least one meeting each quarter of each calendar year of the and shall annually adopt a schedule for such meetings, shall adopt rules for the transaction of business, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. Any regular meeting may be dispensed with by a majority vote of the Committee. The Commission shall conduct meetings for matters pertaining to the Planning Commission on the first and third Monday of the month for which a meeting has been called by the Chairperson at 6:00 p.m. in the Council Chambers of the National City Civic Center, 1243 National City Boulevard, 2nd Floor, National City, unless otherwise designated. The agenda for each regular meeting shall be posted by City staff at City Hall and on the City’s website at least 72 hours in advance consistent with the requirements of the Ralph M. Brown Act. If there are no items scheduled for the Commission’s consideration, the staff may advise the Chairperson there are no items for consideration and suggest cancellation of the meeting. Said cancellation of a meeting shall be posted by City staff at the City Hall and on the City’s website. Staff shall announce that the regularly scheduled meeting of the Commission has been adjourned to the next regularly scheduled meeting. All meetings shall be held and conducted in accordance with the provisions of the “Ralph M. Brown Act” (Section 54590 et seq., of the Government Code of the State of California. All meetings of the Commission are open to the general public. Section 2. Special Meetings Special meetings may be held upon call of the Chairperson, or of the majority of the membership of the Commission, for the purpose of transacting any business designated in the Page 79 of 520 Page 6 of 9 Planning Commission Bylaws- Revised SeptemberJyune 202410 call, after notification of all members of the Commission by written notice personally delivered or by mail at least 24 hours before the time specified in the notice for a special meeting. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the Chairperson a written waiver of notice, and as to any member who is actually present at the time the meeting convenes. City staff shall be responsible for the posting of the agenda of the special meeting at City Hall and on the City’s website at least 24 hours prior to the time specified in the notice for the meeting. At such special meeting, no business other than that designated on the approved agenda shall be considered. Section 3. Adjourned Meetings Any meeting of the Commission may be adjourned to an adjourned meeting without the need for additional notice or agenda, provided that the adjournment indicates the date, time and place of the adjourned meeting, and provided that the adjourned meeting occurs at the regularly scheduled meeting after the meeting for which notice and agenda requirements were met. Commission members absent from the meeting at which the adjournment decision is made shall be notified by the Chairperson of the adjourned meeting. Section 4. All Meetings to be Open and Public All meetings of the Commission shall be open and public to the extent required by law. All persons shall be permitted to attend any such meetings , except as otherwise provided by law. Nothing contained in these bylaws. shall be construed to prevent the Commission from holding closed sessions during a meeting concerning any matter permitted by law to be considered in closed session, provided the Commission complies with the conditions and procedures provided by law for closed sessions. Section 5. Quorum The powers of the Commission shall be vested in the members thereof in office from time to time. A majority of the members of the Commission qualified and eligible to vote shall constitute a quorum for the purpose of conducting the Commission’s business, exercising its powers and for all other purposes, but less than a majority of the members of the Commission may adjourn the meeting from time to time until a quorum is obtained. An affirmative vote by a majority of the members of the Commission qualified and eligible to vote shall be required for approval of any question brought before the Commission. Section 6. Unexcused Absences Membership in the Commission shall be considered removed terminate if a member has three (3) consecutive unexcused absences from meetings, whether regular or special, or misses more than 25% of the Commission’s meetings in a calendar year, whether excused or unexcusedthree (3) absences from regular meetings, whether excused or unexcused. An excused absence is only granted when absolutely necessary and pre-approved if at all possible. The pre-approval of excused absences will be by the Commission as a whole and documented in the meeting minutes. Excused absences are: illness of the Commission member, their family or their personal friend; business commitment of the Commission member that interferes with the attendance at a meeting; attendance of the Commission member at a funeral, religious Page 80 of 520 Page 7 of 9 Planning Commission Bylaws- Revised SeptemberJyune 202410 service or ceremony, wedding or other similarly-significant event; or other reason for which the Commission member has given notice to the Chairperson or Secretary of their unavailability fifteen (15) days in advance, as long as the unavailability is not expected to last longer than 30 days. member’s absence shall be excused if, prior to the meeting from which said member will be absent, said member notifies the Chairperson or Designee of intent to be absent and the reasons therefore. At each meeting, after the roll has been called, the Chairperson shall report to the Commission the name of any member who has so notified of their intent to be absent and the reason of such absence. The Commission shall approve or disapprove such reaso ns for excused absences. The Secretary of the Commission will report the attendance to the Office of the City Clerk on a monthly basis. If the attendance or absences fall within the above guidelines, the Office of the City Clerk will prepare a report to the City Council for review and possible removal of the Commission member. Any Commission member may be removed from office at any time by a simple majority vote of the City Council at a regularly scheduled Council meeting with or without cause. Section 7. Order of Business The following shall be the order of business at regular meetings of the Commission: 1) Roll Call 2) Flag Allegiance 3) Approval of Minutes of previous meeting 4) Approval of Agenda 5) Public Comment 6) Continued Public Hearings 7) Public Hearing 8) Other Business 9) Staff Reports 10) Adjournment Section 8. Minutes Minutes of the Commission shall be in writing. Copies of the Minutes of each Commission meeting shall be made available to each member of the Commission. Minutes shall be made available to the public. Approved Minutes shall be filed in the official Book of Minutes of the Commission and published on the City’s website. Section 9. Rules of Order Except as provided in these bylaws., all business and matters before the Commission shall be transacted in conformance with Rosenberg’sbert’s Rules of Order. Page 81 of 520 Page 8 of 9 Planning Commission Bylaws- Revised SeptemberJyune 202410 Section 10. Committee Reports Oral and/or written reports of the Commission shall include a report of any findings and/or recommended action on matters for which the subcommittee was established. ARTICLE IV – REPRESENTATION BEFORE PUBLIC BODIES Any official representations on behalf of the Commission before the City Council or any other public body shall be made by the Chairperson, the Vice Chairperson in the Chairperson’s absence, or a member of the Commission specifically so designated by the Commission pursuant to the Brown Act. ARTICLE V – SUBCOMMITTEES Section 1. Establishment The Commission shall have the authority to, and may, establish subcommittees as necessary to accomplish the purposes set forth in Section 3 of Article I of these Bylaws.. Section 2. Membership Each subcommittee shall be composed of at least one (1), but not more than three (3) members of the Commission. Section 3. Appointment of Members Members on a subcommittee shall be appointed by the Chairperson of the Commission with the approval of the Commission. Section 4. Officers and Meetings Subcommittee chairpersons shall be designated by the Chairperson of the Commission from among the Commission members appointed to the subcommittee. Each subcommittee shall elect a vice chairperson, and shall establish the date, time and place for meetings to conduct the subcommittee’s business. In the event that any subcommittee meets on more than two (2) occasions, then all further meetings of the subcommittee shall comply with the meeting requirements set forth in Article III. Section 5. Subcommittee Reports From time to time, the subcommittee shall submit reports to the Commission, which reports summarize the subcommittee’s activities, findings and/or recommendations on matters for which the subcommittee was established. ARTICLE VI – AMENDMENTS Section 1. Adoption of these Bylaws. and any Subsequent Amendment Page 82 of 520 Page 9 of 9 Planning Commission Bylaws- Revised SeptemberJyune 202410 The bylaws are to be reviewed and amended as needed when new Commissioners are appointed. The bylaws. of the Commission may be amended upon the affirmative vote of at least five (5) voting members of the Commission, but no such amendment shall be adopted unless at least seven (7) days’ written notice thereof has previously been given to all members of the Commission. Notice of amendment shall identify the section or sections of the Bylaws. proposed to be amended. ARTICLE VII- ORDER OF PRECEDENCE Section1. Conduct of Affairs The Commission will observe all applicable requirements of state and local law, including the following, which have been summarized as follows: 1. The Ralph M. Brown Act (Gov. Code, § 549501 et seq., hereinafter “the Brown Act” or “the Act”) 2. From time to time, the Commission shall be required to attend or participate in specific training related to their position on the Commission. Page 83 of 520 CITY OF NATIONAL CITY PLANNING COMMISSION AND HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE BYLAWS ARTICLE I – THE COMMISSION Section 1. Name of Commission The Commission shall act in the capacity of the “Planning Commission” and the “Housing and Community Development Committee” and shall hereinafter be referred to as the “Commission”. Section 2. Mission Statement That the following shall be the Mission Statement of the Commission: The Commission shall provide a forum to encourage communication from persons, organizations, and institutions in the City of National City about land use, housing, transportation, environmental quality, and safety throughout the City of National City. When serving as the Planning Commission, the Commission shall perform the following functions in accordance with state law §65103 and the City’s Municipal Code Chapter 16.06: 1. Prepare, periodically review, and revise, as necessary, the general plan. 2. Implement the general plan through actions including, but not limited to the administration of specific plans, and zoning, and subdivision ordnances. 3. Annually review the capital improvement program for consistency with the general plan, pursuant to Article 7 (commencing with Section 65400). 4. Endeavor to promote public interest in, comment on, and understanding of the general plan and regulations relating to it. 5. Consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens generally concerning implementation of the general plan. 6. Promote the coordination of local plans and programs with the plans and programs of other public agencies. 7. Perform other functions as the legislative body provides, including conducting studies and preparing plans other than those required or authorized by this title. When serving as the Housing and Community Development Committee, the Commission shall: Page 84 of 520 Page 2 of 8 Planning Commission Bylaws- Revised Septembery 2024 Encourage communication from persons, organizations and institutions in the City of National City, and to give advice and make recommendations to the housing authority or to the projects, programs and policies that seek to, for example: (1) pursue new housing options at all income levels; (2) ensure preservation of existing affordable housing; (3) streamline permitting and improve code compliance; and (4) enhance the city’s role in reducing homelessness. Section 3 Duties The duties of the Commission shall be: 1. To receive and review proposals for the General Plan, including the preparation of zoning, land subdivision and other discretionary development applications and performs all duties specifically assigned by the Municipal Code. 2. To review proposed projects for potential environmental impacts and compliance with the California Environmental Quality Act. 3. To make recommendations to the City Council for specific land use entitlements requiring final decision by the City Council. 4. To make recommendations to the Community Development Commission on matters pertaining to Section 8 Housing Assistant Payment Programs and housing improvement, housing assistance and neighborhood improvement projects, programs, and policies in connection with federal and state laws relating to housing and neighborhood improvement. 5. To make decisions related to installation and/or removal of street trees and landscaping within the public rights of way. Section 4. Membership A. Composition The Commission shall be comprised of seven (7) individuals, which are residents of National City, appointed by, and to serve at the pleasure of the City Council. The City Council shall appoint the members. These seven (7) individuals shall be Planning Commission members and also serve on the Housing and Community Development Committee. Two (2) additional individuals shall be appointed and serve only on the Housing and Community Development Committee. These two (2) additional individuals shall be appointed in the same manner as the Planning Commission members; shall be ex officio members, and shall have subject matter expertise in housing-related matters. Ex officio members are not required to be National City residents.. Said ex officio members shall sit with the seven members of the Planning Commission on such occasions as the commission is acting in the capacity and carrying out the functions of the committee. B. Terms of Membership The terms of the members shall be for four (4) years, subject to reappointment by the City Council. Each four-year term shall commence on the first day of April and shall expire on the thirty-first day of March four years thereafter. Upon expiration of term, a member shall serve until re-appointed or replaced. Page 85 of 520 Page 3 of 8 Planning Commission Bylaws- Revised Septembery 2024 C. Termination of Membership Membership in the Commission shall automatically terminate in the event that: 1. The member’s term has expired. If a term expires, the member shall continue until reappointment or replacement; or 2. The member shall have been absent from the number of Commission meetings specified in these bylaws. D. Removal of Members A member may be removed by a majority vote of the City Council. E. Resignation Any Commission member may resign at any time by giving written notice to the Chairperson. Any such resignation will take effect upon receipt or upon any date specified therein. The acceptance of such resignation shall not be necessary to make it effective. F. Filling of Vacancies In the event a vacancy occurs on the Commission by reason of death, resignation, removal or termination, such vacancy shall be filled by the majority of the City Council, with new members so appointed having to meet the qualifications set forth in Article I, Section 4(a). Persons appointed to fill vacancies shall fill the unexpired terms of their predecessors. ARTICLE II – OFFICERS Section 1. Officers The officers of the Commission shall consist of a Chairperson and a Vice Chairperson, and shall be elected in the manner set forth in this Article II. Section 2. Chairperson The Chairperson shall preside at all meetings of the Commission and shall submit such agenda recommendations and information at such meetings that are reasonable and proper for the conduct of the business affairs and policies of the Commission. The Chairperson shall sign all resolutions, approved minutes, and other legal documents of the Commission (if any). Section 3. Vice Chairperson The Vice Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson. Section 4. Staff Page 86 of 520 Page 4 of 8 Planning Commission Bylaws- Revised Septembery 2024 The Commission shall be served by a full-time professional staff within the Planning Division which shall include a secretary who will prepare an agenda for each regular or adjourned meeting. The agenda and supporting documentation shall be provided to the Commission at least four (4) calendar days prior to the date of the meeting at which such agenda is to be considered. The meeting shall be recorded and minutes prepared for approval by the Commission at the next regularly held meeting. The agendas and minutes shall be available to the public and retained at the City. Section 5. Additional Duties The officers of the Commission shall perform such other duties and functions as may from time to time be required by the Commission, the bylaws or other rules and regulations, or which duties and functions are incidental to the office held by such officers. Section 6. Election The Chairperson and Vice Chairperson shall annually be elected by a majority of the members of the Commission from among the members of the Commission. The terms of the Chairperson and Vice Chairperson shall be one year. The Chairperson and Vice Chairperson may serve consecutive and/or multiple terms. Section 7. Vacancies Should the offices of the Chairperson or Vice Chairperson become vacant, the Commission shall elect a successor from among the Commission members at the next regular or special meeting, and such office shall be held for the unexpired term of said office. ARTICLE III – MEETINGS Section 1. Regular Meetings The Commission shall hold at least two regular meetings in each month and shall annually adopt a schedule for such meetings, shall adopt rules for the transaction of business, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. Any regular meeting may be dispensed with by a majority vote of the Planning Commission. The Housing and Community Development Committee shall hold at least one meeting each quarter of each calendar year and shall annually adopt a schedule for such meetings, shall adopt rules for the transaction of business, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. Any regular meeting may be dispensed with by a majority vote of the Committee. The Commission shall conduct meetings for matters pertaining to the Planning Commission on the first and third Monday of the month for which a meeting has been called by the Chairperson at 6:00 p.m. in the Council Chambers of the National City Civic Center, 1243 National City Boulevard, 2nd Floor, National City, unless otherwise designated. The agenda for each regular meeting shall be posted by City staff at City Hall and on the City’s website at least 72 hours in advance consistent with the requirements of the Ralph M. Brown Act. Page 87 of 520 Page 5 of 8 Planning Commission Bylaws- Revised Septembery 2024 If there are no items scheduled for the Commission’s consideration, the staff may advise the Chairperson there are no items for consideration and suggest cancellation of the meeting. Said cancellation of a meeting shall be posted by City staff at the City Hall and on the City’s website. Staff shall announce that the regularly scheduled meeting of the Commission has been adjourned to the next regularly scheduled meeting. All meetings shall be held and conducted in accordance with the provisions of the “Ralph M. Brown Act” (Section 54590 et seq., of the Government Code of the State of California. All meetings of the Commission are open to the general public. Section 2. Special Meetings Special meetings may be held upon call of the Chairperson, or of the majority of the membership of the Commission, for the purpose of transacting any business designated in the call, after notification of all members of the Commission by written notice personally delivered or by mail at least 24 hours before the time specified in the notice for a special meeting. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the Chairperson a written waiver of notice, and as to any member who is actually present at the time the meeting convenes. City staff shall be responsible for the posting of the agenda of the special meeting at City Hall and on the City’s website at least 24 hours prior to the time specified in the notice for the meeting. At such special meeting, no business other than that designated on the approved agenda shall be considered. Section 3. Adjourned Meetings Any meeting of the Commission may be adjourned to an adjourned meeting without the need for additional notice or agenda, provided that the adjournment indicates the date, time and place of the adjourned meeting, and provided that the adjourned meeting occurs at the regularly scheduled meeting after the meeting for which notice and agenda requirements were met. Commission members absent from the meeting at which the adjournment decision is made shall be notified by the Chairperson of the adjourned meeting. Section 4. All Meetings to be Open and Public All meetings of the Commission shall be open and public to the extent required by law. All persons shall be permitted to attend any such meetings, except as otherwise provided by law. Nothing contained in these bylaws shall be construed to prevent the Commission from holding closed sessions during a meeting concerning any matter permitted by law to be considered in closed session, provided the Commission complies with the conditions and procedures provided by law for closed sessions. Section 5. Quorum The powers of the Commission shall be vested in the members thereof in office from time to time. A majority of the members of the Commission qualified and eligible to vote shall constitute a quorum for the purpose of conducting the Commission’s business, exercising its powers and for all other purposes, but less than a majority of the members of the Commission may adjourn the meeting from time to time until a quorum is obtained. An affirmative vote by a majority of the Page 88 of 520 Page 6 of 8 Planning Commission Bylaws- Revised Septembery 2024 members of the Commission qualified and eligible to vote shall be required for approval of any question brought before the Commission. Section 6. Unexcused Absences Membership in the Commission shall be considered removed if a member has three (3) consecutive unexcused absences from meetings, whether regular or special, or misses more than 25% of the Commission’s meetings in a calendar year, whether excused or unexcused. An excused absence is only granted when absolutely necessary and pre-approved if at all possible. The pre-approval of excused absences will be by the Commission as a whole and documented in the meeting minutes. Excused absences are: illness of the Commission member, their family or their personal friend; business commitment of the Commission member that interferes with the attendance at a meeting; attendance of the Commission member at a funeral, religious service or ceremony, wedding or other similarly-significant event; or other reason for which the Commission member has given notice to the Chairperson or Secretary of their unavailability fifteen (15) days in advance, as long as the unavailability is not expected to last longer than 30 days. The Secretary of the Commission will report the attendance to the Office of the City Clerk on a monthly basis. If the attendance or absences fall within the above guidelines, the Office of the City Clerk will prepare a report to the City Council for review and possible removal of the Commission member. Any Commission member may be removed from office at any time by a simple majority vote of the City Council at a regularly scheduled Council meeting with or without cause. Section 7. Order of Business The following shall be the order of business at regular meetings of the Commission: 1) Roll Call 2) Flag Allegiance 3) Approval of Minutes of previous meeting 4) Approval of Agenda 5) Public Comment 6) Continued Public Hearings 7) Public Hearing 8) Other Business 9) Staff Reports 10) Adjournment Section 8. Minutes Minutes of the Commission shall be in writing. Copies of the Minutes of each Commission meeting shall be made available to each member of the Commission. Minutes shall be made Page 89 of 520 Page 7 of 8 Planning Commission Bylaws- Revised Septembery 2024 available to the public. Approved Minutes shall be filed in the official Book of Minutes of the Commission and published on the City’s website. Section 9. Rules of Order Except as provided in these bylaws all business and matters before the Commission shall be transacted in conformance with Rosenberg’s Rules of Order. Section 10. Committee Reports Oral and/or written reports of the Commission shall include a report of any findings and/or recommended action on matters for which the subcommittee was established. ARTICLE IV – REPRESENTATION BEFORE PUBLIC BODIES Any official representations on behalf of the Commission before the City Council or any other public body shall be made by the Chairperson, the Vice Chairperson in the Chairperson’s absence, or a member of the Commission specifically so designated by the Commission pursuant to the Brown Act. ARTICLE V – SUBCOMMITTEES Section 1. Establishment The Commission shall have the authority to, and may, establish subcommittees as necessary to accomplish the purposes set forth in Section 3 of Article I of these Bylaws. Section 2. Membership Each subcommittee shall be composed of at least one (1), but not more than three (3) members of the Commission. Section 3. Appointment of Members Members on a subcommittee shall be appointed by the Chairperson of the Commission with the approval of the Commission. Section 4. Officers and Meetings Subcommittee chairpersons shall be designated by the Chairperson of the Commission from among the Commission members appointed to the subcommittee. Each subcommittee shall elect a vice chairperson, and shall establish the date, time and place for meetings to conduct the subcommittee’s business. In the event that any subcommittee meets on more than two (2) occasions, then all further meetings of the subcommittee shall comply with the meeting requirements set forth in Article III. Section 5. Subcommittee Reports Page 90 of 520 Page 8 of 8 Planning Commission Bylaws- Revised Septembery 2024 From time to time, the subcommittee shall submit reports to the Commission, which reports summarize the subcommittee’s activities, findings and/or recommendations on matters for which the subcommittee was established. ARTICLE VI – AMENDMENTS Section 1. Adoption of these Bylaws and any Subsequent Amendment The bylaws are to be reviewed and amended as needed when new Commissioners are appointed. The bylaws of the Commission may be amended upon the affirmative vote of at least five (5) voting members of the Commission, but no such amendment shall be adopted unless at least seven (7) days’ written notice thereof has previously been given to all members of the Commission. Notice of amendment shall identify the section or sections of the Bylaws proposed to be amended. ARTICLE VII- ORDER OF PRECEDENCE Section1. Conduct of Affairs The Commission will observe all applicable requirements of state and local law, including the following, which have been summarized as follows: 1. The Ralph M. Brown Act (Gov. Code, § 549501 et seq., hereinafter “the Brown Act” or “the Act”) 2. From time to time, the Commission shall be required to attend or participate in specific training related to their position on the Commission. Page 91 of 520 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING PROPOSED AMENDMENTS TO THE PLANNING COMMISSION BYLAWS WHEREAS, the Planning Commission was created by Ordinance No. 559 on December 15, 1925; and WHEREAS, revisions to the Bylaws are made when needed, with the last review and revision occurring in June of 2010; and WHEREAS, on Monday, September 16, 2024, the Planning Commission approved the amendment to the Planning Commission Bylaws by a majority vote, 5-0, of those present, with Commissioners Quinones and Valenzuela absent; and WHEREAS, the Planning Commission requests that the City Council approve its Bylaws as amended. 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 approves the proposed amendments to the Planning Commission Bylaws attached hereto as Exhibit A. 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 15th day of October, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 92 of 520 AGENDA REPORT Department: Engineering & Public Works Prepared by: Tirza Gonzales, Operations Manager Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Authorize the purchase of a Light-Structure System from Musco Sports Lighting, LLC for the Kimball Park Ballfields. RECOMMENDATION: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) W aiving 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 # 041123-MSL with Musco Sports Lighting, LLC, for the Purchase of a Light-Structure System in a Not-to-Exceed Amount of $292,350 for the Kimball Park Ballfields; and 2) Authorizing the Establishment of an Appropriation of $292,350 in the American Rescue Plan Act fund for the Kimball Park Ballfield Lighting Project.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: In 2023, as part of the Kimball Park Dog Park, Lighting and Tot Lot project, the contractor evaluated the existing ballfield lights to determine what repairs could be made given that several lights were not functioning. The outcome of that field inspection was that the existing lights have reached their useful life and are no longer serviceable. Due to the age and deteriorated condition of the lights, ballasts, and pole structures, the recommendation was to instead consider full replacement. Furthermore, the electrical system and controls are outdated and do not allow for efficient, remote operation of the lights. On April 16, 2024, after receiving an update and recommendations from staff regarding a revised American Rescue Plan Act (ARPA) spending plan, the City Council authorized the allocation of $1,200,000 to the replacement of the Kimball Park ballfield lighting system. This agenda item addresses the acquisition of the lighting system only, with related services to be awarded at a later date. In order to expedite product delivery and take advantage of competitive pricing, Engineering & Public Works staff has identified an opportunity for the City of National City to piggyback onto the Sourcewell Contract #041123-MSL with Musco Sports Lighting, LLC, to allow for the purchase of a Musco Light-Structure System for the Kimball Park Ballfields. The quote received includes delivery of the complete network of lights on six (6) galvanized steel poles with pre-cast concrete bases, electrical enclosures and necessary controls. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited Page 93 of 520 to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competi tive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City’s Purchasing staff has confirmed that the Sourcewell Contract #041123-MSL with Musco Sports Lighting, LLC, was competitively bid through a Request for Proposals (RFP) process, and that the Sourcewell procurement procedures are in substantial compliance with those of National City. Staff recommends taking advantage of this cooperative purchasing opportunity to ensure that ARPA funds allocated for this project are obligated by the December 31, 2024 deadline. FINANCIAL STATEMENT: An appropriation of $292,350 will be established in the ARPA fund in expenditure/project account 117-10-18-18500-7598-1176117 (ARPA - Kimball Park Ballfield Lighting) RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Parks, Recreation and Library ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065. PUBLIC NOTIFICATION: The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Musco Lighting, LLC, Quote Exhibit B – Sourcewell Contract 041123-MSL Exhibit C – Resolution Page 94 of 520 ©2017 Musco Sports Lighting, LLC - 1 - Quote Kimball Park Baseball National City, CA August 28, 2024 Sourcewell Master Project: 199030, Contract Number: 041123-MSL, Expiration: 06/16/2027 Category: Sports lighting with related supplies and services All purchase orders should note the following: Sourcewell Purchase – Contract Number: 041123-MSL Quotation Musco’s Light-Structure System™ as described below: Musco product, delivered and installed (includes controls): Baseball Field (250’/310’/255’): $268,800. Estimated Sales Tax on Musco Materials Based on 8.75%: $ 23,550. Project Total: $292,350. Sales Tax is included and estimated. Pricing furnished is effective for 90 days and is kindly considered confidential. Labor, bonding, unloading of the equipment and installation are not included. System Description - Light-Structure System™ Factory built, wired, aimed and tested lighting system includes: (6) Pre-cast concrete bases (6) Galvanized steel poles (34) Factory aimed and assembled LED luminaries Factory wired and tested remote electrical component enclosures Pole length, factory assembled wire harnesses UL listed as a system Enhanced corrosion protection Also Included: Unmatched Superior Spill and Glare Control Guaranteed light levels per above and based on Musco Design File #107850B_R2 Control-Link® System for remote on/off control & monitoring with 24/7 customer support 25 Year All Parts and All Labor Included Warranty: Unmatched warranty that includes materials and onsite labor, eliminating 100% of your maintenance costs for 25 years Freight is Included Structural Engineering is Included EXHIBIT A Page 95 of 520 ©2017 Musco Sports Lighting, LLC - 2 - Quote Payment Terms: Payment terms to be coordinated with Musco’s Credit Department Please email a copy of the Purchase Order to Musco Sports Lighting, LLC: Please be sure to include Sourcewell on the purchase order. Musco Sports Lighting, LLC Attn: Karin Anderson Email: Karin.anderson@musco.com Notes: Shipment of entire project together to one location Structural code and wind speed = 2022 CBC, 95 MPH, Importance Factor C Voltage and Phase to be confirmed Confirmation of pole locations prior to production Please feel free to contact us with any questions you may have. Karin Anderson Field Sales Representative Musco Sports Lighting, LLC Phone: 858-232-1620 E-mail: karin.anderson@musco.com Page 96 of 520 041123-MSL Rev. 3/2022 1 Solicitation Number: RFP #041123 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Musco Sports Lighting, LLC, 100 1st Ave West, Oskaloosa, IA 52577 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Sports Lighting Solutions with Related Technology, Equipment, and Services from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1.TERM OF CONTRACT A.EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. EXPIRATION DATE AND EXTENSION. This Contract expires June 16, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances. B.SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 (;+,%,7% Page 97 of 520 041123-MSL Rev. 3/2022 2 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 98 of 520 041123-MSL Rev. 3/2022 3 A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 99 of 520 041123-MSL Rev. 3/2022 4 • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 100 of 520 041123-MSL Rev. 3/2022 5 Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 101 of 520 041123-MSL Rev. 3/2022 6 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, in reference to Table 13, Question 68 of Supplier’s attached response, the negotiated DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 102 of 520 041123-MSL Rev. 3/2022 7 administrative fee Supplier will pay to Sourcewell on all Equipment, Products, and Services provided to Participating Entities, is eight tenths of one percent (0.8%). The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 103 of 520 041123-MSL Rev. 3/2022 8 C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 104 of 520 041123-MSL Rev. 3/2022 9 promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 105 of 520 041123-MSL Rev. 3/2022 10 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 106 of 520 041123-MSL Rev. 3/2022 11 The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 107 of 520 041123-MSL Rev. 3/2022 12 no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000 – annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 108 of 520 041123-MSL Rev. 3/2022 13 Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 109 of 520 041123-MSL Rev. 3/2022 14 Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 110 of 520 041123-MSL Rev. 3/2022 15 the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 111 of 520 041123-MSL Rev. 3/2022 16 Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 112 of 520 041123-MSL Rev. 3/2022 17 records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 113 of 520 041123-MSL Rev. 3/2022 18 R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Musco Sports Lighting, LLC By: __________________________ By: __________________________ Jeremy Schwartz James M. Hansen Title: Chief Procurement Officer Title: Secretary Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________ DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 6/23/2023 | 2:36 PM CDT6/16/2023 | 2:10 PM CDT 6/23/2023 | 2:44 PM CDT Page 114 of 520 RFP 041123 - Sports Lighting Solutions with Related Technology, Equipment, and Services Vendor Details Company Name:Musco Sports Lighting, LLC Address: 100 1st Ave West PO Box 808 Oskaloosa, IA 52577 Contact:Amanda Hudnut Email:musco.contracts@musco.com Phone:800-825-6030 Fax:641-672-1996 HST#:42-1511754 Submission Details Created On:Tuesday February 21, 2023 07:22:41 Submitted On:Monday April 10, 2023 10:57:03 Submitted By:Jim Hansen Email:jim.hansen@musco.com Transaction #:644e37be-1ebc-43b3-9b63-5a4fe7708b28 Submitter's IP Address:216.248.100.66 Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 115 of 520 Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond “N/A” if the question does not apply to you (preferably with an explanation). Line Item Question Response * 1 Proposer Legal Name (one legal entity only): (In the event of award, will execute the resulting contract as "Supplier") Musco Sports Lighting, LLC * 2 Identify all subsidiary entities of the Proposer whose equipment, products, or services are included in the Proposal. None * 3 Identify all applicable assumed names or DBA names of the Proposer or Proposer's subsidiaries in Line 1 or Line 2 above. None * 4 Provide your CAGE code or Unique Entity Identifier (SAM): CAGE/NCAGE # OA9T7 SAM # WJHFQRT17GC5 * 5 Proposer Physical Address:100 1st Ave West PO Box 808 Oskaloosa, IA 52577 * 6 Proposer website address (or addresses):www.musco.com * 7 Proposer's Authorized Representative (name, title, address, email address & phone) (The representative must have authority to sign the “Proposer’s Assurance of Compliance” on behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): James M. Hansen Secretary Musco Sports Lighting, LLC 100 1st Ave West PO Box 808 Oskaloosa, IA 52577 Phone: 800-825-6030 Email: musco.contracts@musco.com * 8 Proposer's primary contact for this proposal (name, title, address, email address & phone): Taylor Knoot Cooperative Contract Specialist Musco Sports Lighting, LLC 100 1st Ave West PO Box 808 Oskaloosa, IA 52577 Phone: 800-825-6030 Email: musco.contracts@musco.com * 9 Proposer's other contacts for this proposal, if any (name, title, address, email address & phone): Chris Hailey Market Development Manager Musco Sports Lighting, LLC 100 1st Ave West PO Box 808 Oskaloosa, IA 52577 Phone: 800-825-6030 Email: musco.contracts@musco.com Table 2: Company Information and Financial Strength Line Item Question Response * Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 116 of 520 10 Provide a brief history of your company, including your company’s core values, business philosophy, and industry longevity related to the requested equipment, products or services. Since 1976, Musco Sports Lighting has specialized in the design of and manufacture of sports and transportation/infrastructure lighting solutions around the world. Musco’s mission has been to provide sports field and transportation/infrastructure lighting solutions for public and private entities throughout the United States of America and internationally. Built on a foundation of responsibility to the needs of everything being impacted, Musco’s solutions have illuminated everything from neighborhood ballfields; to major stadiums and arenas; to airports, rail yards, industrial sites, container terminals, and ports; to iconic landmarks and the Olympic Games. Musco has been the industry leader in developing lighting solutions that provide high quality on field performance and environmental sensitivity to the surrounding area. Energy efficiency, spill and glare control, and field management solutions have been our staple for success in the industry. Throughout the history of Musco, we have had the pleasure of being the recipient of an Academy Award®, Emmy® Award and the Paul Waterbury Award for Excellence for Outdoor Lighting. Musco has also developed partnerships with organizations such as National Recreation & Park Association, Little League Baseball and Softball, Major League Baseball, the United States Soccer Foundation and The Honey Bear Project (HBCU), to name a few. Musco has offices and manufacturing facilities in Oskaloosa, Muscatine and Urbandale, Iowa. We have a workforce of approximately 1,300 Team Members located in these facilities and regional sales offices conveniently located around the United States of America. In addition, we have approximately 200 Team Members located outside the United States of America supporting our manufacturing facilities in Shanghai, China and Gumi, South Korea and multiple sales offices globally. Musco Sports Lighting, LLC has over 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factory- trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems. Our Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training. Proactive nightly testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored. Along with our Lighting Services and Control-Link Central™ Teams, we have a fully staffed group of internal experts including but not limited to Sales Representatives, Regional Sales Associates, Service Representatives, Part Representatives, Project Coordinators, Schedulers, and Engineers. We will ensure your project flows smoothly and you get the results you expect. * 11 What are your company’s expectations in the event of an award? Musco has been a Sourcewell awarded vendor for going on 9 years. We look forward to continuing the growth and educating eligible members, current members and our Musco Sales Team Members on the benefits of Sourcewell. * 12 Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. Please see uploaded letter from Wells Fargo Bank, N.A. & Travelers Casualty and Surety Company of America. Also included is a copy of our current insurance certificate. * 13 What is your US market share for the solutions that you are proposing? Musco’s sports lighting systems & solutions make up approximately 80% of the US market share. * 14 What is your Canadian market share for the solutions that you are proposing? Musco’s sports lighting systems & solutions make up approximately 50% of the Canadian market share. * 15 Has your business ever petitioned for bankruptcy protection? If so, explain in detail. Musco Sports Lighting, LLC has not been the subject to any voluntary or involuntary bankruptcy, insolvency or receivership proceedings. * Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 117 of 520 16 How is your organization best described: is it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? Musco Sports Lighting, LLC is a manufacturer of sports and transportation/infrastructure lighting solutions. Musco has a sales force of over 100 dedicated Team Members throughout the United States & Canada. Musco has sales offices conveniently located around the United States of America. These Team Members are employed by Musco. * 17 If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. Musco Sports Lighting is authorized to sell products and provide services in all 50 states, the District of Columbia and Canada. We comply with applicable federal, state, local and industry laws for each purchasing customer. In Canada, Musco sells under our Canadian company, Musco Sports Lighting Canada Co. Please reference the uploaded Musco Contractor License information. As a General Contractor, Musco selects and contracts with local subcontractor organizations that meet our quality standards and can fulfill our time constraints to perform the type of work outlined in this RFP. Musco does obtain license verification and insurance certificate for all subcontractors who work with us. * 18 Provide all “Suspension or Debarment” information that has applied to your organization during the past ten years. Musco Sports Lighting, LLC has not been the subject of any suspension or disbarments. * Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 118 of 520 Table 3: Industry Recognition & Marketplace Success Line Item Question Response * 19 Describe any relevant industry awards or recognition that your company has received in the past five years During Musco’s 46 years in the sports lighting industry, Musco & our Team Members have received quite a few awards and recognitions. Below is a listing of several recent awards & recognitions along with our more notable ones from years past. American Marketing Association Iowa Nova Award for Public Relations Best of Category for Field of Dreams with MLB (2022) Eric O’Brien Commercial Award (Mike Berry, MA) from The New England Park Association (2021) NIAAA Distinguished Service to Athletic Administration (Dina Neeley, NC) from the North Carolina Athletic Directors Association (2018) David Lose Partnership Award (Curt Mickey, KY) from the Kentucky Recreation and Park Society (2018) Emmy® Award from the Academy of Television Arts & Sciences® for lighting ESPN’s telecast for the Winter X-Games (2012) Paul Waterbury Award of Excellence for Outdoor lighting from the Illuminating Engineering Society for the innovative lighting design at Charlotte Motor Speedway (1993) Scientific and Engineering Award from the Academy of Motion Picture of Arts and Services® (1985) Emmy® Award from the Academy of Television Arts & Sciences® for lighting NCAA football telecasts (1982) * 20 What percentage of your sales are to the governmental sector in the past three years Approximately 41% of Musco’s current national sales are to the government sector. * 21 What percentage of your sales are to the education sector in the past three years Approximately 52% of Musco’s current national sales are to the education sector. * 22 List any state, provincial, or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? Musco is an awarded vendor on several national and regional cooperative purchasing contracts. Please see the uploaded document titled “Musco Cooperative Information” for a summary of the cooperative and approximate sales for 2020, 2021, and 2022. * 23 List any GSA contracts or Standing Offers and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years? Musco Sports Lighting, LLC currently does not hold any GSA contracts. * Table 4: References/Testimonials Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name *Contact Name *Phone Number * Fairfax County Park Authority Paul Shirey 703-324-8738 * Denver Public Schools Josh Griesbach 720-423-1913 * University of Iowa Laura Hawks 319-467-1626 * Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 119 of 520 Table 5: Top Five Government or Education Customers Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type *State / Province *Scope of Work *Size of Transactions *Dollar Volume Past Three Years * Education Education Florida - FL Materials & install Approx. $500K Approx. $10.8M * Education Education Arizona - AZ Materials Approx. $750K Approx. $6.8M * Government Government Florida - FL Materials & install Approx. $1.7M Approx. $6.7M * Government Government Texas - TX Materials & install Approx. $900K Approx. $6.3M * Education Education Texas - TX Materials & install Approx. $400K Approx. $5.9M * Table 6: Ability to Sell and Deliver Service Describe your company’s capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Item Question Response * 26 Sales force.Musco has a sales force of over 100 dedicated Sales Team Members throughout the United States & Canada. These Team Members are employed by Musco. Musco has offices and manufacturing facilities in Oskaloosa, Muscatine and Urbandale, Iowa. We have a workforce of approximately 1,300 Team Members located in these facilities and regional sales offices conveniently located around the United States of America. In addition, we have approximately 200 Team Members located outside the United States of America supporting our manufacturing facilities in Shanghai, China and Gumi, South Korea and multiple sales offices globally. * 27 Dealer network or other distribution methods. Musco Sports Lighting, LLC has no agents or dealers authorized to represent the company. Musco’s custom designed, engineered to order lighting systems must be purchased directly from the company. * 28 Service force.Musco has over 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factory-trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems. Our Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training. Proactive testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored. * 29 Describe the ordering process. If orders will be handled by distributors, dealers or others, explain the respective roles of the Proposer and others. Orders will be handled by our Musco employed Sales Team. * 30 Describe in detail the process and procedure of your customer service program, if applicable. Include your response-time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. Musco has over 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factory-trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems. Our Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training. Proactive testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored. Musco’s Warranty Department will make arrangements with the specified project contact to identify & rectify the situation in an appropriate time frame. If needed, Musco has the ability to hire a local electrical contractor to perform any immediate warranty needs. Musco will provide all materials and labor to maintain operation of its lighting system to original design criteria during the warranty period up to 25 years (depending on product). Musco products are guaranteed to perform for the as detailed in our warranty documents. * Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 120 of 520 31 Describe your ability and willingness to provide your products and services to Sourcewell participating entities in the United States. Musco Sports Lighting is authorized to sell products and provide services in all 50 states, the District of Columbia and Canada. Musco will be able to fully serve all geographic areas through the proposed contract. In Canada, Musco sells under our Canadian company, Musco Sports Lighting Canada Co. * 32 Describe your ability and willingness to provide your products and services to Sourcewell participating entities in Canada. Musco Sports Lighting is authorized to sell products and provide services in all 50 states, the District of Columbia and Canada. Musco will be able to fully serve all geographic areas through the proposed contract. In Canada, Musco sells under our Canadian company, Musco Sports Lighting Canada Co. * 33 Identify any geographic areas of the United States or Canada that you will NOT be fully serving through the proposed contract. Musco Sports Lighting, LLC will be able to fully serve all Sourcewell Members throughout the United States and Canada. * 34 Identify any Sourcewell participating entity sectors (i.e., government, education, not-for- profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? Musco Sports Lighting, LLC will be able to fully serve all Sourcewell Members through the proposed contract. * 35 Define any specific contract requirements or restrictions that would apply to our participating entities in Hawaii and Alaska and in US Territories. Musco has no specific requirements or restrictions which apply to Sourcewell Members located off shores. * Table 7: Marketing Plan Line Item Question Response * 36 Describe your marketing strategy for promoting this contract opportunity. Upload representative samples of your marketing materials (if applicable) in the document upload section of your response. Musco Sports Lighting, LLC has several brochures available to market our product to Sourcewell Members. A sampling of what we can supply is listed below, included in our catalog and attached. • World Class Leaders • We Make it Happen • Always Ready to Play brochure • Total Light Control – TLC for LED™ brochure • Retrofit Lighting Solutions brochure • Musco Control Solutions Musco Sports Lighting, LLC markets our products through tradeshows, conventions, direct mail and advertising. Musco does targeted, personalized marketing promotions to specific customer groups and would be able to provide information on Sourcewell as appropriate in those promotions. * 37 Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. Musco regularly provides updates about our Team, product, services and projects via our web site & social media accounts (Twitter, Facebook, Instagram, YouTube & LinkedIn). In addition, our Sales Team each have Twitter and/or LinkedIn that they post updates to on a regular basis. * 38 In your view, what is Sourcewell’s role in promoting contracts arising out of this RFP? How will you integrate a Sourcewell-awarded contract into your sales process? Musco anticipates that Sourcewell would promote Musco’s solutions and services via their web site, social media, tradeshows and publications. Our USA & Canada Sales Team will promote Sourcewell by informing qualified customers of this available resource for their use in purchasing Musco’s solutions. * 39 Are your products or services available through an e-procurement ordering process? If so, describe your e-procurement system and how governmental and educational customers have used it. Due to Musco’s custom designed, engineered to order lighting systems, our products and services are not available through any e-procurement ordering process. * Table 8: Value-Added Attributes Line Item Question Response * Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 121 of 520 40 Describe any product, equipment, maintenance, or operator training programs that you offer to Sourcewell participating entities. Include details, such as whether training is standard or optional, who provides training, and any costs that apply. Musco includes training with the purchase of our solutions. During the sales process, Musco’s Sales Team will provide education on sports lighting, Musco’s products and services as well as applicable governing bodies standards. Once installation of the Musco lighting system is completed, Musco’s Sales Team and/or Project Manager will complete an overview of the lighting system and complete final light level evaluations. They will then assist in arranging a more in-depth training with our Control- Link Central™ Team. Musco’s Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training. * 41 Describe any technological advances that your proposed products or services offer. At Musco, our approach is more than just selling and installing poles and fixtures. We are in the business of selling the right amount light, on and off the facility, for the least amount of cost over the life of the warranty. We work closely with the owner and their consultants to gain a full understanding of the facility, its use and surroundings. Musco’s Light-Structure System™ has delivered long-term performance for thousands of customers around the world. Lights, structures, and electrical components are engineered to work together. This assures the designed lighting gets in the place and stays there over the life of the system, while also maintaining and protecting the operating environment so the components continue to function. We have included features like easy to reach remote drivers, integrated grounding, and surge protection to ensure the longevity of the LED’s sensitive electronic components. For over a decade, the Musco Team has been testing the LED light source and applying it on projects where it was the best choice. We have researched LED’s distinctive challenges and advantages and applied our knowledge of light control to the unique characteristics of the diode, assuring the quality of lighting for which Musco is known. We have paired our expertise in controlling light with the advancing output of LED to the point that we are confident it’s a cost-effective option to consider for recreational facilities. Musco creates controlled light, not floodlights. LED brings many benefits and new opportunities, but it’s a tool, not a solution. Controlling LED’s intense light is challenging. But with Total Light Control – TLC for LED®, we are able to achieve things never before possible – from pinpoint precision to instant on/off, to varying light levels for different needs and sport presentation theatrics (choreographed light & music shows). With the ever-evolving sports and recreation landscape Musco continues to push boundaries in the marketplace. The key issue in sports lighting haven’t changed: generating light, projecting it onto the target, keeping it out of the neighborhood and night sky, and creating an operating environment that allows it to last in real world conditions. Musco is able to carve out the area to be lighted and dramatically cut off any impact on the surrounding area. We use more of the light produced by the fixture, lose less light, and don’t abuse the neighborhood. With cities and recreational needs growing faster than ever, it’s critical to maximize the available resources and make solid decisions about managing and expanding facilities. The Control-Link® System is a reliable, cost-effective control system that helps control, monitor, and manage recreation facility lighting. It can control existing lighting systems and other electrically operated equipment. Whether for new lighting systems or to upgrade existing lights, the Control-Link® system includes our Control-Link Central™ team, the on-site Control- Link® equipment, and an industry-leading warranty. Our exclusive Control-Link Central™ team is staffed 24/7 to assist with your scheduling and reporting needs. Musco’s Light-Structure System™ with Total Light Control – TLC for LED® is backed by an industry-leading 25-year warranty. Musco’s Constant 25™ Product Assurance & Warranty program covers all materials and labor to maintain operation of its lighting system to original design criteria for 25 years. * Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 122 of 520 42 Describe any “green” initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. Musco is committed to excellence and leadership in the protection of the environment, and the implementation of sustainable guidelines. We minimize the emissions to air, water, and land through programs to reduce pollution at its source and will conserve energy through the use of energy efficient lighting systems. Product: • Musco’s Green Generation Lighting® (HID) and TLC for LED® technology are 30 to 80 percent more energy efficient than traditional lighting equipment. • Customized optics direct light onto the desired surface, reducing wasted light into the surrounding area. • Control-Link® system provides remote on/off control, allowing customers to schedule our light systems to help maximize energy efficiency. • Eases pollution by eliminating or reducing the use of hazardous substances and reducing greenhouse gas emissions. Manufacturing: • On-site waste management includes recycling manufacturing scrap materials, wooden skids, paper and other packaging materials. • Packaging of our Light-Structure System™ contains between 30 to 50 percent recycled material. • Reusable packaging is used to move components from original fabrication through the complete manufacturing process. • During the spot maintenance and complete system lamping provided by Musco, all HID lamps are recycled to salvage both the mercury and glass. • Reuse water during the manufacturing process and conserve water when possible. Office: • Electronic components that are not re-usable due to equipment failure or are below minimum requirements are recycled through and E-Waste Facility. • Use geothermal heating and air conditioning to minimize energy consumption. • Our facilities have automatic toilets and faucets to minimize water usage. * 43 Identify any third-party issued eco- labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life-cycle design (cradle-to-cradle), or other green/sustainability factors. Musco currently does not hold any third-party issued eco-labels, ratings or certifications for our products. With sports lighting being a small piece of the U.S. lighting marketplace, categories just don’t exist for this type of product. Musco has been the industry leader in developing lighting solutions that provides high quality on field performance and environmental sensitivity to the surrounding area. Energy efficiency, spill and glare control, and field management solutions have been our staple for success in the industry. * 44 Describe any Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. Musco Sports Lighting, LLC is not a Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business. * 45 What unique attributes does your company, your products, or your services offer to Sourcewell participating entities? What makes your proposed solutions unique in your industry as it applies to Sourcewell participating entities? Musco Sports Lighting provides a custom designed, engineered to order lighting systems, from foundation to pole top that operates as a complete system. The lighting system comes with our Constant 25™ or Constant 10™ Product Assurance & Warranty Program. Musco’s Constant 25™ or Constant 10™ not only covers your product for 25 or 10 years, it guarantees that your light levels will not drop below the designed performance for the warranty period. Musco also includes our Control-Link® system that provides the customer assurance their system will be maintained by Musco for the warrantied period. At Musco, our approach is more than just selling and installing poles and fixtures. We are in the business of selling the right amount light, on and off the facility, for the least amount of cost over the life of the warranty. We work closely with the owner and their consultants to gain a full understanding of the facility, its use and surroundings. * Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response * Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 123 of 520 46 Do your warranties cover all products, parts, and labor? Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of its lighting system to original design criteria for 25 or 10 years. Musco products are guaranteed to perform for the customer as detailed in the Musco Constant 25™ or Musco Constant 10™ documents. Musco shall monitor the performance of the lighting system on/off status, hours of usage, and luminaire outage. If outages that affect playability are detected, Musco will contact you and proactively dispatch technicians. To assist with the determination of repairs, Musco will utilize the field monitoring system and any information provided by the customer to determine when the usage of the field is materially impacted. From this information, Musco will determine needed repair and/or replacement of Covered Product(s) and parts. Repair will be with Product(s) of like kind and quality. The only requirement Musco has is the customer agrees to check fuses and to replace fuses as needed. Musco provides spare fuses in the lowest alpha- numeric enclosure, which is located 10-12 feet above grade and is reachable by a ladder. Musco will replenish spare fuses as needed. Under the Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program, Musco pays any upfront cost for shipping cost, installation cost, and any associated rental equipment cost & disposal cost for the replaced equipment. Musco has a team of 170+ Team Members to ensure fulfillment of our product and services warranty and maintains financial reserves dedicated to support our warranty. Please check out this YouTube video showcasing our Support Services and Warranty. https://www.youtube.com/watch?v=oxH00ofzSJA. This link is also included on the uploaded “Musco Solutions and Testimonial videos” document that has been uploaded. * 47 Do your warranties impose usage restrictions or other limitations that adversely affect coverage? There is no hour usage restriction for our Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program, but we do ask for expected usage hours to meet design criteria of the project. * 48 Do your warranties cover the expense of technicians’ travel time and mileage to perform warranty repairs? Yes, the Musco Constant 25™ and Musco Constant 10™ Product Assurance & Warranty Program covers the technicians travel time and mileage to perform any warranty repairs. * 49 Are there any geographic regions of the United States or Canada (as applicable) for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for warranty repair? Musco will be able to cover all geographic regions of the United States & Canada with our Lighting Services Team that is comprised of 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factory-trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems. Musco’s Warranty Department will make arrangements with the specified project contact to identify & rectify the situation in an appropriate time frame. If needed, Musco has the ability to hire a local electrical contractor to perform any immediate warranty needs. Our Control-Link Central™ service center is staffed 24/7/365 with Musco employed trained operators (Team Members) who provide scheduling and report assistance, along with one-on-one phone/video training. Proactive testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored. As we have heard several of our customers say, “Musco often is calling me to schedule a repair before I even know I had a problem.” * 50 Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? Yes, items included in the scope of Musco sports lighting design, Musco will cover warranty service for those items. * 51 What are your proposed exchange and return programs and policies? Due to Musco’s lighting solutions being custom designed, engineered to order we do not have an exchange and return program. Any defective on arrival product or repairs are covered by Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program. * 52 Describe any service contract options for the items included in your proposal. Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of its lighting system to original design criteria for 25 or 10 years. Musco products are guaranteed to perform for the customer as detailed in the Musco Constant 25™ or Musco Constant 10™ documents. Under the Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program. * Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 124 of 520 Table 10: Payment Terms and Financing Options Line Item Question Response * 53 Describe your payment terms and accepted payment methods. Musco’s payment terms are Net 30. Payments not paid when due are subject to a carrying charge for each month past due or will be pro-rated for the portion of the month there is an unpaid balance. Carrying charges shall accrue in the amount of one- and one-half percent (1½%) per month of any overdue unpaid balance, or the maximum rate permitted by law, whichever is less. * 54 Describe any leasing or financing options available for use by educational or governmental entities. Musco Finance™ was established in 2006, it provides competitive financing solutions that enable customers to realize the benefits of Musco products and services. Hundreds of customers have used these solutions to complete their lighting projects. Musco Finance™ has provided budget-accommodating financing for governmental, commercial, and not-for-profit entities throughout the United States of America. The municipal lease-purchase program, offered by Musco Finance™ provides the funding opportunity many public entities need for facility improvements such as sports lighting. The program provides a flexible, cost-effective means of funding essential renovations and, in many areas, may eliminate much of the time and expense associated with selling bonds for a project. A know set expense can be budgeted annually, freeing you from budget uncertainties and lowering cash flow impact. * 55 Describe any standard transaction documents that you propose to use in connection with an awarded contract (order forms, terms and conditions, service level agreements, etc.). Upload a sample of each (as applicable) in the document upload section of your response. Due to Musco’s custom designed, engineered to order solutions our documents are tailored to the project and customer needs. Please see attached sample quote and invoice. * 56 Do you accept the P-card procurement and payment process? If so, is there any additional cost to Sourcewell participating entities for using this process? Musco Sports Lighting, LLC currently does not accept P-card procurement cards. * Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 125 of 520 Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item Question Response * 57 Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. Musco Sports Lighting provides a custom designed, engineered to order lighting system, pricing is based per the RFP. This price list should not be considered complete and exhaustive due to the nature of each project being a unique, custom design build situation. Extreme spill and glare concerns, pole locations, and wind zone variance may affect price. RFP quoted pricing is for the most common field designs based on structural code and utilizing IBC 2018, 110 mph, Exposure C. Installations services are available on a per project basis dependent upon Musco’s compliance with state and local licensing requirements. Labor and materials for the complete installation, including foundations, pole erection, trenching, backfill, conduit, wire, electrical distribution and service cabinet(s) and site restoration shall utilize the current RS Means pricing, coefficient and must also include the appropriate City Cost Index. * 58 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. The percentage discount from list prices for materials offered under this RFP is 5%. The attached price list already takes into account the 5% discount for the materials. * 59 Describe any quantity or volume discounts or rebate programs that you offer. As Musco is a custom designed, engineered to order lighting system, there is no quantity or volume discounts available. * 60 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a percentage,” or you may supply a quote for each such request. Musco Sports Lighting, LLC will work with the Sourcewell member regarding pricing and delivery of any open market, sourced and/or non-standard options which would be desired by the Sourcewell member. Musco and the Sourcewell member will agree upon a desired outcome and reflect this in the customer quote for use in issuing a purchase order. * 61 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. As Musco is a custom designed, engineered to order lighting system, pricing is based per the RFP. The pricing can also include equipment installation. Labor and materials for the complete installation include, foundations, pole erection, trenching, backfill, conduit, wire, electrical distribution and service cabinet(s) and site restoration shall utilize the current RS Means pricing, coefficient and must also include the appropriate City Cost Index. If the construction project requires, Musco offers pre-shipment of the precast concrete bases. The additional cost for the pre-shipment of the precast concrete bases will vary depending on the location of the lighting project. * 62 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program. Musco’s pricing includes delivery within the State of Minnesota to the job site and are for lighting systems materials only. Additional freight cost may be incurred outside the State of Minnesota. * 63 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery. Musco has no specific requirements in regard to Alaska, Hawaii, Canada, or any offshore delivery. * 64 Describe any unique distribution and/or delivery methods or options offered in your proposal. Musco Sports Lighting offers custom designed, engineered to order lighting systems. Products are directly purchased from the company as we have no agents or authorized dealers. When you purchase a Musco Solution, it is delivered from our dedicated transportation company with Musco Lighting signage on the trucks. * Table 12: Pricing Offered Line Item The Pricing Offered in this Proposal is: *Comments 65 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 126 of 520 Table 13: Audit and Administrative Fee Line Item Question Response * 66 Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. A self-audit process is in place specifically intended to verify compliance of cooperative purchasing contracts. • Sales Administrator pulls monthly contract sales report for the cooperative purchasing contract and its associated fee for that time period. • Each contract project PO is checked and validated that it is an awarded contract purchase • Project awarded contract fee is validated as correct • When validation complete, report sent to cooperative purchasing organization • As a checks & balance process, Cooperative Contract Specialist pulls a Method of Purchase by type report on a quarterly basis and a comparison is done with quarterly contract sales reports to ensure totals for an awarded contract matches on both reports • Invoice documents for projects of a contract member are available for review upon request * 67 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract. On a monthly basis, Musco is looking at the total number of projects sold & and how they breakdown by method of purchase (bid, competitive negotiation, cooperative purchase & direct purchase). Several times during the year, we break down the method of purchase by each cooperative purchase contract. These numbers are compared to the previous timeframes and evaluated. * 68 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor’s sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member’s cost of goods. (See the RFP and template Contract for additional details.) Musco Sports Lighting, LLC proposes a 0.75% administrative fee calculated as a percentage of the customer contract sales price. * Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Item Question Response * 69 Provide a detailed description of the equipment, products, and services that you are offering in your proposal. Light-Structure System™ lighting with Total Light Control – TLC for LED™ technology is for new outdoor lighting applications. It is engineered as a 5 Easy Pieces™ complete system from foundation to poletop designed to a customer’s needs. Lights, structures, and electrical components are engineered to work together. This ensures the designed lighting gets in place and stays there over the life of the system, while also maintaining and protecting the operation environment so the components continue to function. We’ve included features like factory aimed luminaires, easy to reach remote drivers, integrated grounding, and surge protection to ensure the longevity of the lighting system. Musco’s Light-Structure System™ is engineered as a complete system including the precast concrete base, galvanized steel pole, electrical components enclosure, wire harness and poletop luminaire assembly. This allows for installation ease and reduced time and expense. Musco’s TLC for LED® luminaire is available in several wattage, Kelvin & CRI combinations to meet custom project requirements. Multiple light control visor options are available to allow for precise light control therefore dramatically reducing glare and spill. Our unique heat sink has convective air-cooling design that maintains a low LED junction temperature during high wattage operation. This system includes our Control-Link® control system for remote operation and is covered by Musco’s Constant 25™ product assurance and warranty program. SportsCluster® lighting system with Total Light Control – TLC for LED™ or Total Light Control – TLC for LED™ Retrofit System technology is for outdoor and indoor lighting applications. It is a modular photometric unit, factory aimed and tested, to interface with a customer’s existing structures, making an easy retrofit lighting solution. Musco’s TLC for LED® luminaire is available in several wattage, Kelvin & CRI combinations to meet custom project requirements. Multiple light control visor options are available to allow for precise light control therefore dramatically reducing glare and spill. Our unique heat sink has convective air-cooling design that maintains a low LED junction temperature during high wattage operation. This system includes our Control-Link® control system for remote operation and is covered by Musco’s Constant 10™ product assurance and warranty program, Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 127 of 520 contingent upon Musco’s inspection and approval of existing structure and electrical wiring. Control-Link® control and monitoring system offers efficient, cost-effective tools that are both cutting-edge and simple to use. Musco will have your back 24/7/365 to ensure your lights are only on when needed, keeping neighbors and taxpayers happy. Because more than anything, it’s about peace of mind. The Control-Link® system provides comprehensive scheduling assistance, system monitoring, secure password-protected access, automated equipment controls, and valuable usage data. Show-Light® entertainment services provide a cost-effective way for you to bring professional light shows to your facility. From pre-game introductions to halftime shows, to celebrating big plays and big wins, this special effect lighting will energize players and fans and take your game atmosphere to a new level. Special effects light shows aren’t just for the pros anymore. Musco’s Show-Light® technology utilizes instant on/off and the advanced control capabilities of LED, is easy to use, and delivers both predesigned and customized light shows. Show-Light® entertainment services can also tap into advanced customization capabilities and more complex light shows that incorporate music along with the special effects lighting. Musco is not responsible for obtaining rights to or any cost associated with music licenses. Mini-Pitch System™ modular sports solution has an innovative, all-in-one design to help communities create fun and active play spaces by revitalizing public areas. Created to assist the U.S. Soccer Foundation in providing safer places to play the game, the Mini-Pitch System™ solution is ideal for transforming abandoned courts and other underutilized areas into places where children and families can come together in the spirt of teamwork, empowerment, and physical activity. It comes as a modular system complete with lighting, fencing, goals, benches, ADA-compliant access, and lockable storage. MuscoVision® video system is a complete automated sports broadcasting solution that includes camera equipment, networking, streaming services, broadcast production, and distribution for watching various sporting events on a variety of platforms. It includes automated camera switching and game tracking for an enhanced broadcast experience. Also, it includes active game detection for ease of scheduling utilizing the same toolset used to schedule lighting. The customer must provide their own internet connection, install our MuscoVision® video system equipment, and set a broadcast schedule in Musco’s Control-Link® control system. Musco does the rest! Musco will provide all materials and labor to maintain operation of its lighting system to original design criteria of the warranty period up to 25 years (depending on product). Musco products are guaranteed to perform for the as detailed in our warranty documents. Installation services are available on a per-project basis dependent upon Musco’s compliance with state and local licensing requirements. Labor and materials for the complete installation, including but not limited to foundations, pole erection, trenching, backfill, conduit, wire, electrical distribution and service cabinet(s) and site restoration shall utilize the current RS Means pricing, coefficient and must also include the appropriate City Cost Index. * 70 Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. The scope of work of the RFP covers Musco products and services. Musco has no additional subcategories to suggest. Below is a list of keywords that best describe Musco’s product and services. sports lighting, lighting, Musco, Musco Lighting, LED, lamp, football lighting, baseball lighting, field lighting, LED lighting, fixtures, flood lighting, flood light, parking lighting, softball lighting, light poles, light pole, soccer lighting, tennis lighting, aviation lighting, port lighting, temporary lighting, basketball lighting, arena lighting, apron lighting, rail lighting, automated broadcasting, light show, futsal, MUGA, camera, video, AV, entertainment, DMX * Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 128 of 520 Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Item Category or Type Offered *Comments 71 Indoor, outdoor, fixed, or portable sports related lighting solutions; Yes No Musco Sports Lighting, LLC is offering indoor, outdoor, fixed, or portable sports related lighting solutions within our proposal. * 72 Technology integration, retrofit solutions, software, design, project management, installation services, and maintenance related to the purchase of equipment and products described in Line 71 above. Yes No Musco Sports Lighting, LLC is offering technology integration, retrofit solutions, software, design, project management, installation services, and maintenance related to the purchase of equipment and products described in Line 71 above within our proposal. * Table 15: Industry Specific Questions Line Item Question Response * 73 Describe your process for evaluating on-field and off- site glare for your sports lighting products, both pre- installation and post-installation. On-field – Musco’s goal is to have no more than 500 candela at the home plate location while looking at the outfield poles. Similarly, our outfield positions will have no more than 500 candela while looking at the infield poles. Off-site – Musco strives to achieve candela equal to or less than 7,500 candela at 150’ perimeter around the field. Candela is measured at 5’ above grade at 150’ perimeter. * 74 Describe the average life span of your sports lighting system. In 2005, Musco started our Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Programs (coverage depends on the lighting system and the original design criteria). Musco has several lighting systems that are over 35 years old that are still in operation today. Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 129 of 520 75 Discuss your proposed product line in terms of sustainability and recycling. Musco is committed to excellence and leadership in the protection of the environment, and the implementation of sustainable guidelines. The reduction of waste and emissions, to an absolute minimum, is our policy. We will minimize the emissions to air, water, and land through programs to reduce pollution prevention at its source and will conserve energy through the use of our energy efficient lighting systems. Musco will work closely with suppliers and licensees who are positioned to deliver outstanding value, and who share our vision of placing high priority on environmental, social and ethical issues when procuring products and services. In the process, we will achieve costs savings, enhanced energy efficiency, improved quality, and a healthy workplace for our team members. To accomplish this program, the following guidelines are established: Recycle • Musco is committed to identifying and implementing pollution prevention opportunities by communicating sustainable practices, and encouraging involvement, to all team members. • Musco utilizes a nationwide recycling program. During the spot maintenance and complete system relamping, all the lamps are recycled through a recycling service where both the mercury and glass are salvaged. Musco developed reusable packaging that is used to move its reflectors from original fabrication through the complete manufacturing process. • Musco aims to reduce, reuse and recycle whenever possible from the production process to the customer. Musco’s on-site waste management includes recycling plant scrap, and wooden skids, along with paper and packaging materials. Packaging product utilized with Musco’s Light-Structure System™ contains between 30 to 50 percent recycled material, depending on the type of packaging. • Electronic components that are not re-usable due to equipment failure, or are below minimum requirements, are recycled through an E- Waste Facility, including: laptops, desktops, servers, network devices, computer screens, televisions, keyboard, computer mouse, and printers. Conserve • Musco reuses water during the manufacturing process and conserves water when applicable. We utilize geothermal heating and air conditioning, which minimizes electricity consumption. Our operations also have automatic toilets and faucets to maximize water usage. • Musco conserves energy and reduces light pollution through our permanent and temporary LED light sources that are 30 to 80 percent more energy efficient than traditional lighting equipment. • Musco’s Control-Link® system provides instant light automation, allowing customers to schedule our light systems that help maximize energy efficiency. • Preventing pollution by eliminating or reducing the use of hazardous substances, and reducing greenhouse gas emissions, is a first priority. • Technologies or methods which utilize non-hazardous materials and source reduction approaches will be given top priority in addressing all environmental issues. • Musco demonstrates corporate citizenship by following all federal, state, and international environmental regulations. • We promote cooperation between industry, government and the public for the shared goal of pollution prevention at the source, as well as continuing sustainable practices throughout all of our operations worldwide. • As part of our commitment towards social responsibility, we will create job opportunities and training for the local workforce. • Our team strives to create responsible sustainability standards that translate into generating a positive and lasting change in every community that we encounter. In addition to the above, Musco’s LED fixtures are RoHS compliant. RoHS is a European Union Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment. Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 130 of 520 Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - Musco Sourcewell 041123 Pricing September 2022.pdf - Wednesday March 15, 2023 15:12:16 Financial Strength and Stability - Financial Strength and Stability.zip - Wednesday March 15, 2023 15:12:27 Marketing Plan/Samples - Marketing Plan Samples.zip - Wednesday March 15, 2023 15:12:40 WMBE/MBE/SBE or Related Certificates (optional) Warranty Information - Warranty.zip - Wednesday March 15, 2023 15:13:04 Standard Transaction Document Samples - Document Samples.zip - Wednesday March 15, 2023 15:13:17 Upload Additional Document - Company and Product Information.zip - Wednesday March 15, 2023 15:13:42 Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 131 of 520 Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor’s objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11 . Proposer its employees, agents, and subcontractors are not: 1. Included on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf; 2. Included on the government-wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 132 of 520 by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - James Hansen, Secretary, Musco Sports Lighting, LLC The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name I have reviewed the below addendum and attachments (if applicable) Pages Addendum_1_Sports_Lighting_RFP_041123 Mon April 3 2023 04:23 PM 1 Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Page 133 of 520 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO SOURCEWELL CONTRACT # 041123-MSL WITH MUSCO SPORTS LIGHTING, LLC FOR THE PURCHASE OF A LIGHT-STRUCTURE SYSTEM IN A NOT-TO-EXCEED AMOUNT OF $292,350 FOR THE KIMBALL PARK BALLFIELDS; AND 2) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION OF $292,350 IN THE AMERICAN RESCUE PLAN ACT FUND FOR THE KIMBALL PARK BALLFIELD LIGHTING PROJECT WHEREAS, the existing Kimball Park ballfield lights have reached their useful life and are no longer serviceable and, therefore, full replacement is necessary; and WHEREAS, the Kimball Park Ballfield Lighting Replacement Project (“Project”) is a component of the revised American Rescue Plan Act (“ARPA”) Spending Plan approved by the City Council on April 16, 2024; and WHEREAS, in order to expedite product delivery and take advantage of competitive pricing to ensure that ARPA funds allocated for the Project are obligated by the December 31, 2024 deadline, Engineering & Public Works staff has identified an opportunity to piggyback onto the Sourcewell Contract #041123-MSL with Musco Sports Lighting, LLC, to allow for the purchase of a Musco light-structure system for the Kimball Park ballfields; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City’s procurement procedures, and such a determination has been made in this case, therefore, it is recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code; and WHEREAS, National City’s Purchasing staff has confirmed that the Sourcewell Contract # 041123-MSL with Musco Sports Lighting, LLC was competitively bid through a Request for Proposals process, and that the Sourcewell procurement procedures are in substantial compliance with those of National City; and WHEREAS, City staff recommends adoption of the resolution as stated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: That the City Council hereby authorizes waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizes the City to piggyback onto Sourcewell Contract # 041123-MSL with Musco Sports Lighting, LLC for the purchase of a light-structure system in a not-to-exceed amount of $292,350 for the Kimball Park ballfields. Page 134 of 520 Section 2: That the City Council hereby authorizes the establishment of an appropriation in the amount of $292,350 in the American Rescue Plan Act fund for the Kimball Park Ballfield Lighting Project. 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 15th day of October, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 135 of 520 AGENDA REPORT Department: Engineering and Public Works Prepared by: Tirza Gonzales, Operations Manager Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Authorize the Purchase of Six (6) Ford Police Utility Interceptors for the National City Police Department RECOMMENDATION: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) W aiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto County of San Diego Contract # 570454 with Kearny Mesa Ford for the Purchase Six 2025 Ford Police Utility B/W AWD Interceptors in a Not-to-Exceed Amount of $323,000 for the National City Police Department; and 2) Authorizing the City Manager to Approve Adjustments of up to $32,300 to the Not-to-Exceed Amount for the Purchase as a 10% Contingency for Unforeseen Fluctuations in Pricing.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Six (6) National City Police Department Ford Explorer Patrol Interceptors have been in service for almost ten (10) years and have exceeded their useful and optimum life cycle of six (6) years and are scheduled to be replaced. With an odometer average of 100,000 miles, these patrol vehicles are idle ten (10) times more than the average vehicle. Warranty periods have expired, equating in higher costs and downtime as they have reached the repair stage. Through adoption of the FY25 annual budget, the City Council approved the purchase and buildout of six SUV Patrol Vehicles: Quantity Vehicle/Equipment FY25 Approved Purchase Price 4 Medium SUV Patrol $325,000 1 Medium SUV Lieutenant $90,000 1 Medium SUV Supervisor $80,000 Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto County of San Diego Contract # 570454 with Kearny Mesa Ford to allow for the purchase. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by Page 136 of 520 another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City’s Purchasing staff has confirmed that the County of San Diego Contract # 570454 with Kearny Mesa Ford was competitively bid through a Request for Proposals (RFP) process, and that the County of San Diego procurement procedures are in substantial compliance with those of National City. Staff recommends that City Council adopt the resolution as stated. FINANCIAL STATEMENT: The funding was approved by City Council through adoption of the FY25 Annual Budget. The $323,000 purchase contract is for only the acquisition of the vehicles; it excludes the cost of outfitting each vehicle, which is contracted for separately. 644-10-21-21100-7511 $325,000 Medium SUV Patrol 644-10-21-21100-7511 $90,000 Medium SUV Lieutenant 644-10-21-21100-7511 $80,000 Medium SUV Supervisor 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 – Kearny Mesa Ford Quote Exhibit B – County of San Diego Contract # 570454 Exhibit C – Resolution Page 137 of 520 EXHIBIT A Page 138 of 520 EXHIBIT B Page 139 of 520 Page 140 of 520 Page 141 of 520 Page 142 of 520 Page 143 of 520 Page 144 of 520 Page 145 of 520 Page 146 of 520 Page 147 of 520 Page 148 of 520 Page 149 of 520 Page 150 of 520 Page 151 of 520 Page 152 of 520 Page 153 of 520 Page 154 of 520 Page 155 of 520 Page 156 of 520 Page 157 of 520 Page 158 of 520 Page 159 of 520 Page 160 of 520 Page 161 of 520 Page 162 of 520 Page 163 of 520 Page 164 of 520 Page 165 of 520 Page 166 of 520 Page 167 of 520 Page 168 of 520 Page 169 of 520 Page 170 of 520 Page 171 of 520 Page 172 of 520 Page 173 of 520 Page 174 of 520 Page 175 of 520 Page 176 of 520 Page 177 of 520 Page 178 of 520 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO COUNTY OF SAN DIEGO CONTRACT # 570454 WITH KEARNY MESA FORD FOR THE PURCHASE OF SIX 2025 FORD POLICE UTILTY B/W AWD INTERCEPTORS IN A NOT-TO-EXCEED AMOUNT OF $323,000 FOR THE NATIONAL CITY POLICE DEPARTMENT; AND 2) AUTHORIZING THE CITY MANAGER TO APPROVE ADJUSTMENTS OF UP $32,300 TO THE NOT-TO-EXCEED AMOUNT FOR THE PURCHASE AS A 10% CONTINGENCY FOR UNFORESEEN FLUCTUATIONS IN PRICING. WHEREAS, six (6) National City Police Department Ford Explorer Patrol Interceptors have been in service for almost ten (10) years and have exceeded their useful and optimum life cycle of six (6) years and are scheduled to be replaced; and WHEREAS, the City of National City has an opportunity to piggyback onto the County of San Diego Contract # 570454 with Kearny Mesa Ford to allow for the purchase of six (6) 2025 Ford Police Utility B/W AWD Interceptors; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City’s procurement procedures, and such a determination has been made in this case, therefore, it is recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code; and WHEREAS, National City’s Purchasing staff has confirmed that the County of San Diego Contract # 570454 with Kearny Mesa Ford was competitively bid through a Request for Proposals process, and that the County of San Diego procurement procedures are in substantial compliance with those of National City; and WHEREAS, City staff recommends adoption of the resolution as stated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: That the City Council hereby authorizes waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto County of San Diego Contract # 570454 with Kearny Mesa Ford for the purchase of six (6) 2025 Ford Police Utility B/W AWD Interceptors for the National City Police Department. Section 2: That the City Council hereby authorizes the City Manager to approve adjustments of up to $32,300 to the not-to-exceed amount for the purchase as a 10% contingency for unforeseen fluctuations in pricing. 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. Page 179 of 520 PASSED and ADOPTED this 15th day of October, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 180 of 520 AGENDA REPORT Department: Engineering and Public Works Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Awarding a Contract to Aster Construction Services for the Central Community Mobility Enhancements Project, CIP No. 19-23. RECOMMENDATION: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Aster Construction Services in the Not-to-Exceed Amount of $1,915,050 for the Central Community Mobility Enhancements Project, CIP No. 19-23; 2) Authorizing a 15% Contingency in the Amount of $287,257.50 for any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Contract.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the Central Community Mobility Enhancements Project. The project will provide approximately 1.7 miles of bicycle facilities providing north-south connections through the Central, Olivewood and Las Palmas neighborhoods in National City (see attached exhibit A). On January 30, 2019, the California Department of Transportation (Caltrans) awarded a $1,286,000 State Active Transportation Program (ATP) grant for the Central Community Mobility Enhancements Project with a local match of $471,000. On March 26, 2020, Caltrans provided the agreement to the City for execution. On August 1, 2024, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors, in accordance with the City’s Project Labor Agreement (PLA). On August 8, 2024 and August 9, 2024, the bid solicitation was advertised in local newspapers. On August 27, 2024, three (3) bids were received by the 1:00 p.m. deadline. Aster Construction Services was the apparent lowest bidder with a total bid amount of $1,915,050. Upon review of all documents submitted, Aster Construction Services 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 Aster Construction Services in the not-to-exceed amount of $1,915,050 and authorizing a 15% contingency in the amount of $287,257.50 to address any unforeseen conditions that may arise. Page 181 of 520 Attached are the bid opening summary sheet (Exhibit B) and a line-item summary of the three lowest bidders (Exhibit C) for reference. Also attached is the Owner-Contractor Agreement (Exhibit D). Construction is estimated to be completed by Fall 2025. Typically, construction will begin four to six weeks after City Council approves award of contract to allow for coordination efforts, as well as contractor mobilization. Updates will be provided on the City’s CIP website at: http://nationalcityprojects.com. FINANCIAL STATEMENT: Contract Award - $1,915,050 Expenditure Account No. 296-10-18-18500-7598-6588296 (ATP Grant) - $1,095,000 Expenditure Account No. 109-10-18-18500-7598-6035109 (SB1-RMRA Gas Tax) - $820,050 15% Contingency - $287,257.50 Expenditure Account No. 307-10-18-18500-7598-6035307 (TransNet Street Resurfacing) All funding available through prior City Council appropriations. 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. 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 - Project Location Map Exhibit B - Bid Opening Summary Exhibit C - Three Lowest Bidders Summary Exhibit D - Owner-Contract Agreement Exhibit E - Resolution Page 182 of 520 Central Elementary School Plaza Commercial Area National City Middle School John A Otis Elementary School Sweetwater Union High School Olivewood Elementary School Las Palmas Park Sweetwater Shopping Plaza Walmart Las Palmas Elementary School Kimball Park Senior Housing Plaza Village Senior Living 4t h S t r e e t 8t h S t r e e t Pl a z a B o u l e v a r d 16 t h S t r e e t 18 t h S t r e e t 24 t h S t r e e t 30 t h S t r e e t Palm Avenue Highland Avenue D Avenue M Avenue N Avenue L Avenue City of National City 805 N Avenue Infrastructure Gap Class III Bike Route 4th Street, National City Class II Bike Lane 4th Street, National City Bicycle Boxes D Ave & 18th St, National City Bike Boxes Bike Boxes Highest employment density in National City LEGEND Note: Bicycle Loop Detectors to be installedat all signalized intersections * Refer to Bike Master Plan Class II - Bike LaneInstall two 6’ Buffered Bicycle Lanes Class III - Bike RouteInstall Sharrows and Signage New Sidewalk Existing Class II - Bike Lane Existing Class III - Bike Route Existing Class II In Design Future Class I, II, or III Bikeway* Future Pedestrian Path* PROPOSED IMPROVEMENTS BIKE FACILITIES OTHER Existing Bus Stop Future BRT Station - SBBRT (2030) Existing Super Markets &ʑQʤUɪɗ&ʝPʛʦʜLʤɨ0ɼʍɵʙLʤɨ(ɻKʋQȪʑȷʑQWɡ Project Improvement Map July 2018Page 183 of 520 BID OPENING SUMMARY NAME: Central Community Mobility Corridor (PLA project) CIP NO: 19-23 DATE: Tuesday, August 27, 2024 TIME: 1:00 P.M. ESTIMATE: $1,700,000 PROJECT ENGINEER: Luca Zappiello NO. BIDDER’S NAME BID AMOUNT BID SECURITY - BOND 1 Aster Construction Services 1666 1/2 MaCadden Place Los Angeles, California 90028 $1,915,050 Bond 2 Quality Construction & Engineering, Inc. 11956 Bernardo Plaza Drive #133 San Diego, California 92128 $1,951,925 Bond 3 Palm Engineering Construction Company, 7330 Opportunity Rd Suite A San Diego, California 92111 $2,372,305 Bond Page 184 of 520 No. Uni t Quant ity Description Unit Price Line Total Unit Price Line Total Unit Price Line Total 1LS 1 Mobilization/Demobilization $125,000 $125,000 $50,000 $50,000 $80,000 $80,000 2LS 1 Surveying and Construction Staking $36,900 $36,900 $35,000 $35,000 $25,000 $25,000 3LS 1 Signing and Striping $181,236 $181,236 $215,000 $215,000 $225,000 $225,000 4LS 1 Traffic Control $85,000 $85,000 $85,000 $85,000 $85,000 $85,000 5LS 1 Clearing and Grubbing $125,000 $125,000 $65,000 $65,000 $90,000 $90,000 6LS 1 Water Pollution Control $15,000 $15,000 $8,500 $8,500 $85,000 $85,000 7 SF 1800 Construct 4" PCC Sidewalk per SDRSD G-07, G-09, G-10, G-11 $19 $34,200 $20 $36,000 $24 $43,200 8 LF 265 Construct 6" Curb and Gutter per SDRSD G-02 $90 $23,850 $85 $22,525 $85 $22,525 9EA 42 Remove and Replace ADA Ramps (All Types)$8,200 $344,400 $8,500 $357,000 $11,000 $462,000 10 EA 9 Furnish and Install Ameristar 4" x 36" Retractable Bollards $5,000 $45,000 $1,500 $13,500 $1,500 $13,500 11 LF 160 Furnish and Install 6' Chain Link Fence per SDRSD M-06 & M-20 $125 $20,000 $65 $10,400 $150 $24,000 12 SF 1120 Construct Masonry Retaining Wall Type 3, including Footing per SDRSD C-03 $45 $50,400 $105 $117,600 $145 $162,400 13 CY 7 Construct Gravity Wall Type B per SDRSD C-09 $1,600 $11,200 $1,500 $10,500 $2,700 $18,900 14 SF 2500 Bonded Fiber Matrix with Hydroseed Mixture $4 $10,000 $9 $21,250 $1 $2,375 15 TN 190 Construct Asphalt Concrete Pavement $220 $41,800 $650 $123,500 $295 $56,050 16 TN 490 Construct Class II Aggregate Base $90 $44,100 $85 $41,650 $135 $66,150 17 SF 24800 2" Mill $1 $23,064 $3 $74,400 $1 $27,280 18 TN 300 2" Overlay $220 $66,000 $300 $90,000 $350 $105,000 19 SY 18800 Type II Slurry Seal with Crack Fill $6 $103,400 $4 $70,500 $6 $108,100 20 TN 20 6" Pavement Rehabilitation Dig-out (Construct AC Pavement)$300 $6,000 $1,000 $20,000 $950 $19,000 21 LS 1 Unclassified Excavation $50,000 $50,000 $45,000 $45,000 $150,000 $150,000 22 CY 100 Removal, Disposal and Replacement of Unsuitable Material $250 $25,000 $125 $12,500 $150 $15,000 23 EA 4 Relocate Pedestrian Push Button $8,000 $32,000 $8,500 $34,000 $3,000 $12,000 24 LS 1 Replace Loop Detectors (N Avenue at Plaza Blvd)$15,000 $15,000 $15,000 $15,000 $2,500 $2,500 Aster Construction Services Los Angeles, 90028 Quality Construction & Engineering, Inc. 11956 Bernardo Plaza Drive #133 Palm Engineering Construction Company, 7330 Opportunity Rd Engineer's Estimate: $1,700,000 Bid Opening Date: 8/27/2024 Central Community Mobility Corridor (PLA project) CIP No. 19-23 Engineering & Public Works Department Page 185 of 520 Aster Construction Services Los Angeles, 90028 Quality Construction & Engineering, Inc. 11956 Bernardo Plaza Drive #133 Palm Engineering Construction Company, 7330 Opportunity Rd 25 EA 11 Reset Survey Benchmarks and Corner Records $2,500 $27,500 $3,500 $38,500 $3,000 $33,000 26 SF 9850 Remove and replace PCC Sidewalk (SDRSD G-07)$19 $187,150 $20 $197,000 $18 $177,300 27 LF 670 Remove and replace PCC Curb and Gutter (SDRSD G- 02)$120 $80,400 $65 $43,550 $95 $63,650 28 SF 1400 Remove and replace PCC Cross Gutter (SDRSD G-12)$28 $39,200 $35 $49,000 $55 $77,000 29 SF 1475 Remove and replace PCC Driveway $30 $44,250 $22 $32,450 $45 $66,375 30 EA 1 Furnish and Install 4' x 4' Filterra Biofiltration System $15,000 $15,000 $15,000 $15,000 $45,000 $45,000 31 EA 4 Furnish and Install Truncated Domes $2,000 $8,000 $650 $2,600 $2,500 $10,000 Subtotal $1,915,050 $1,951,925 $2,372,305 Page 186 of 520 OWNER - CONTRACTOR AGREEMENT CENTRAL COMMUNITY MOBILITY ENHANCEMENTS PROJECT, CIP NO. 19-23 This Owner-Contractor Agreement (“Agreement”) is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Aster Construction Services (“Contractor”), 1666 1/2 MaCadden Place, Los Angeles, CA 91740 Los Angeles, California 90028 on the 15th day of October, 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. Page 187 of 520 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. Page 188 of 520 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. 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. 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 15, above: (Initial) (Initial) Page 189 of 520 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: Aster Construction Services 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 Schultz Print name and title City Attorney Contractor’s City Business License No. State Contractor’s License No. and Class Business street address City, State and Zip Code Page 190 of 520 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. Page 191 of 520 EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) Page 192 of 520 No. Uni t Quant ity Description Unit Price Line Total 1LS 1 Mobilization/Demobilization $125,000 $125,000 2LS 1 Surveying and Construction Staking $36,900 $36,900 3LS 1 Signing and Striping $181,236 $181,236 4LS 1 Traffic Control $85,000 $85,000 5LS 1 Clearing and Grubbing $125,000 $125,000 6LS 1 Water Pollution Control $15,000 $15,000 7 SF 1800 Construct 4" PCC Sidewalk per SDRSD G-07, G-09, G-10, G- 11 $19 $34,200 8 LF 265 Construct 6" Curb and Gutter per SDRSD G-02 $90 $23,850 9EA 42 Remove and Replace ADA Ramps (All Types)$8,200 $344,400 10 EA 9 Furnish and Install Ameristar 4" x 36" Retractable Bollards $5,000 $45,000 11 LF 160 Furnish and Install 6' Chain Link Fence per SDRSD M-06 & M- 20 $125 $20,000 12 SF 1120 Construct Masonry Retaining Wall Type 3, including Footing per SDRSD C-03 $45 $50,400 13 CY 7 Construct Gravity Wall Type B per SDRSD C-09 $1,600 $11,200 14 SF 2500 Bonded Fiber Matrix with Hydroseed Mixture $4 $10,000 15 TN 190 Construct Asphalt Concrete Pavement $220 $41,800 Central Community Mobility Corridor (PLA project) CIP No. 19-23 Engineering & Public Works Department Aster Construction Services Los Angeles, 90028 Engineer's Estimate: $1,700,000 Bid Opening Date: 8/27/2024 Page 193 of 520 Aster Construction Services Los Angeles, 90028 16 TN 490 Construct Class II Aggregate Base $90 $44,100 17 SF 24800 2" Mill $1 $23,064 18 TN 300 2" Overlay $220 $66,000 19 SY 18800 Type II Slurry Seal with Crack Fill $6 $103,400 20 TN 20 6" Pavement Rehabilitation Dig-out (Construct AC Pavement)$300 $6,000 21 LS 1 Unclassified Excavation $50,000 $50,000 22 CY 100 Removal, Disposal and Replacement of Unsuitable Material $250 $25,000 23 EA 4 Relocate Pedestrian Push Button $8,000 $32,000 24 LS 1 Replace Loop Detectors (N Avenue at Plaza Blvd)$15,000 $15,000 25 EA 11 Reset Survey Benchmarks and Corner Records $2,500 $27,500 26 SF 9850 Remove and replace PCC Sidewalk (SDRSD G-07)$19 $187,150 27 LF 670 Remove and replace PCC Curb and Gutter (SDRSD G-02)$120 $80,400 28 SF 1400 Remove and replace PCC Cross Gutter (SDRSD G-12)$28 $39,200 29 SF 1475 Remove and replace PCC Driveway $30 $44,250 30 EA 1 Furnish and Install 4' x 4' Filterra Biofiltration System $15,000 $15,000 31 EA 4 Furnish and Install Truncated Domes $2,000 $8,000 Subtotal $1,915,050 Page 194 of 520 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: Page 195 of 520 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: __________________________________________________ Page 196 of 520 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2021- _____, on the 15th day of October, 2024, has awarded Aster Construction Services, hereinafter designated as the "Principal", the Central Community Mobility Enhancements Project, CIP No. 19-23. 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 One Million, Nine Hundred Fifteen Thousand Fifty ($1,915,050) 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. 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 Page 197 of 520 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 Page 198 of 520 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: __________________________________________________ Page 199 of 520 PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2021- _____, on the 15th day of October, 2024 has awarded Aster Construction Services, hereinafter designated as the "Principal”, the Central Community Mobility Enhancements Project, CIP No. 19-23 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 One Million, Nine Hundred Fifteen Thousand Fifty ($1,915,050) 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. Page 200 of 520 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 Page 201 of 520 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 Page 202 of 520 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AWARDING A CONTRACT TO ASTER CONSTRUCTION SERVICES IN THE NOT-TO- EXCEED AMOUNT OF $1,915,050 FOR THE CENTRAL COMMUNITY MOBILITY ENHANCEMENTS PROJECT, CIP NO. 19-23; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $287,257.50 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. WHEREAS, in July 2018, City of National City (“City”) staff submitted a Cycle 4 Active Transportation Program (“ATP”) grant application to the California Department of Transportation (“Caltrans”) for the Central Community Mobility Enhancements Project, CIP No. 19-23 (“Project”); and WHEREAS, the Project will provide approximately 1.7 miles of bicycle facilities, providing north-south connections through the Central, Olivewood and Las Palmas neighborhoods in the City; and WHEREAS, on January 30, 2019, Caltrans awarded a $1,286,000 ATP grant for the Project with a local match of $471,000; and WHEREAS, on August 1, 2024, the bid solicitation for the Project was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on August 8th and August 9th, 2024, the bid solicitation was advertised in the local newspaper; and WHEREAS, on August 27, 2024, three (3) bids were received by the 1:00 p.m. deadline; and WHEREAS, upon review of all documents submitted, Aster Construction Services’ bid in the total bid amount of $1,915,050 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 Aster Construction Services in the not-to-exceed amount of $1,915,050 for the Central Community Mobility Enhancements Project, CIP No. 19-23; 2) authorizing a 15% contingency in the amount of $287,257.50 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 Aster Construction Services in the not-to-exceed amount of $1,915,050 for the Central Community Mobility Enhancements Project, CIP No. 19-23. Section 2: That the City Council hereby authorizes a 15% contingency in the amount of $287,257.50 for any unforeseen changes. Page 203 of 520 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 15th day of October, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 204 of 520 AGENDA REPORT Department: Engineering and Public Works Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Bayshore Bikeway - Segment 5 project, CIP 22-33, ATP Cycle 4, Grant Appropriation for Construction (CON) Phase. RECOMMENDATION: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Mayor to Execute Program Supplement Agreement No. F030 with the State of California Department of Transportation for the Bayshore Bikeway - Segment 5 project, CIP 22- 33, ATP Cycle 4; 2) Authorizing the Establishment of an Engineering Grants Fund Appropriation of $5,421,000 and Corresponding Revenue Budget; and 3) Committing to Providing a Local Match of $710,000.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the Bayshore Bikeway – Segment 5 Project. The project will provide nearly 1.5 miles of protected bicycle facilities along McKinley Avenue and Marina Way in the City of National City (City) (see attached exhibit). Staff requested $5,421,000 in Federal ATP funds for the construction phase of the project. In January 2019, staff received notification from Caltrans that the City had been awarded Federal ATP funds in the amount of $5,421,000, which requires a local match from the City of $710,000. On November 19, 2019, the City adopted resolution No. 2019-155 authorizing the Mayor to execute a Memorandum of Understanding (MOU) between the San Diego Unified Port District (Port of San Diego) and the City, in which the Port of San Diego committed to fund $900,000 for the project’s design and entitlements, including: environmental clearance, topographic survey, and preliminary and final design of the project. In June 2022, due to construction cost increases, staff submitted a Cycle 6 Federal ATP grant application to Caltrans in the amount of $2,072,000. At their December 7, 2022 meeting, the California Transportation Commission (CTC) awarded an ATP grant to the City in the amount of $2,072,000 for the Project. On October 1, 2024, the City adopted Resolution No. 2024-111, authorizing the Mayor to execute the PSA No. A670 for the Cycle 6 Federal ATP grant to reimburse up to $2,072,000 in eligible project expenditures and committing to provide a local match of $310,800. Page 205 of 520 On April 8, 2024, Caltrans issued an allocation letter (see attached Exhibit B – Allocation Letter) allocating funding for the CON phase for the Cycle 4 Federal ATP grant in the amount of $5,421,000. On September 19, 2024, Caltrans issued a PSA to staff authorizing the City to proceed with the CON phase in the amount of $5,421,000 with a required local match of $710,000 (see attached Exhibit C – PSA). Funding for the local match is available through prior City Council appropriations to the Traffic System Improvements CIP. While the City Council authorized the establishment of $2,072,000 in appropriations on October 1, 2024, for the grant funding allocated under Cycle 6, appropriations for the Cycle 4 grant still need authorization. The combined total ATP grant funding for the construction phase of the Bayshore Bikeway Segment 5 project is $7,493,000. Design of this project has been completed, and construction is anticipated to start in 2025. FINANCIAL STATEMENT: ATP Cycle 4 Grant $5,421,000 (new appropriation and corresponding revenue) Expenditure/Project Account No. 296-10-18-18500-7598- 6620296 (Expense) Revenue/Project Account No. 296-10-31-31100-3498- 6620296 (Federal Funded - Revenue) Local Match $710,000 (no new appropriation) Expenditure/Project Account No. 100-10-18-18500-7598- 6573100 (Traffic System Improvements CIP) RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Transportation Choices and Infrastructure ENVIRONMENTAL REVIEW: This is a project under CEQA and requires full environmental review and the preparation of an environmental impact report. CCR 15362. PUBLIC NOTIFICATION: The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Project Location Map Exhibit B – Allocation Letter Exhibit C – PSA Exhibit D – Resolution Page 206 of 520 Bayshore Bikeway - Segment 5 project, CIP 22-33 - Location Map Page 207 of 520 Mr. Stephen Manganiello Director of Engineering & Public Works City of National City 1243 National City Blvd. National City, CA 91950 Dear Mr. Manganiello: Your letter dated February 5, 2024 requested a fund allocation from the Active Transportation Program for the City of National City Construct Class 1 and Class 4 protected bicycle facilities with enhanced intersection treatments - Adjacent to Marina Way from 32nd Street to Bay Marina Drive, Bay Marina Drive from Marina Way to McKinley Avenue, and McKinley Avenue from Bay Marina Drive to Civic Center Drive. This project is programmed in the Active Transportation Program (ATP), as amended. The State hereby makes the following allocation on March 22, 2024, effective March 22, 2024. At their March 22, 2024 meeting, the California Transportation Commission (CTC) allocated funding in the amount(s) shown below. STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET P.O. BOX 942874, MS# 1 Sacramento, CA 94274-0001 TTY 711 April 8, 2024 11-SD-0-NATC ATPSB1L-5066(049) Adv Id: 1120000179 11-1361PPNO: Request No: 1 Allocation No. 2024-224 ATP FUND ALLOCATION 40 79 Senate District No.: Assembly District Amount Programmed Fiscal Year Programmed Amount Previously Allocated This Request Const $5,421,000 2022 $0 $5,421,000 Federal Funds State Funds $5,421,000 $0 Total This allocation makes available $5,421,000 of federal funds* and $0 of State (or State-only) funds for a total of $5,421,000. * A separate request for authorization to proceed (E-76) is required prior to the start of reimbursable work for projects receiving Federal funds. The effective date of allocation serves as the authorization to proceed and establishes the date for the start of reimbursable work for State-only funded projects. $5,421,000$0$5,421,000 CTC ATP Ltr.Page 208 of 520 Mr. Stephen Manganiello April 8, 2024 Page 2 ATPSB1L-5066 For This Allocation: Funds allocated for project E & P are available for expenditure until:Not Applicable. Funds allocated for project PS & E are available for expenditure until:Not Applicable. Funds allocated for project RW are available for expenditure until:Not Applicable. Funds allocated for construction -- Agency has 6 month(s) after the date of allocation to award a contract. Your attention is directed to the Local Assistance Procedures Manual, LPPs and the current CTC guidelines for detailed instructions and information. This allocation is not a commitment on the part of the State to make reimbursements until an Administering Agency - State Agreement (Master Agreement), if necessary, and a project specific program supplement are executed between the Agency and the State. The project's award information should be submitted to the District Local Assistance Engineer (DLAE) immediately after award of the construction contract. A copy of the project's award package also needs to be included with the submittal of the Administering Agency's first invoice to the Local Programs Accounting Branch. Please refer to Local Programs Procedures (LPP) LPP 01-06 for guidance regarding the contents of the project award package. The Commission may grant a one-time extension to each of the deadlines specified above if it finds that an unforeseen and extraordinary circumstance beyond the control of the responsible agency has occurred that justifies the extension. Please refer to the Local Assistance website at https://dot.ca.gov/programs/local-assistance for additional guidance. After award of the contract, the Agency has up to 36 months to complete the construction or vehicle purchase contract. Sincerely, ROBERT NGUYEN , Chief Division of Local Assistance c: SANDAG Attachment: CTC Vote Box Office of Project Management Oversight - South CTC ATP Ltr. for Page 209 of 520 Mr. Stephen Manganiello April 8, 2024 Page 3 ATPSB1L-5066(049) bc: LPA DLA AE Project Files District - (11) DLAE - Brian Ott CTC ATP Ltr.Page 210 of 520 F030 FOR FEDERAL-AID PROJECTS NO 11-5066F15 1120000179 September 19, 2024 11-SD-0-NATC ATPL-5066(049) 5066 This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 07/11/2016 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. Adjacent to Marina Way from 32nd Street to Bay Marina Drive, Bay Marina Drive from Marina Way to McKinley Avenue, and McKinley Avenue from Bay Marina Drive to Civic Center Drive. Construct Class 1 and Class 4 protected bicycle facilities with enhanced intersection treatments 0.0(MILES) Federal FundsEstimated Cost Matching Funds Y306 $5,421,000.00 CITY OF NATIONAL CITY By ________________________________By ________________________________ Title _______________________________ Date _______________________________ Attest _______________________________Date _______________________________ Division of Local Assistance I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer ___Date _______________ PROGRAM SUPPLEMENT NO. to ADMINISTERING AGENCY-STATE AGREEMENT Adv. Project ID Date: Location: Project Number: E.A. Number: Locode: PROJECT LOCATION: TYPE OF WORK:LENGTH: LOCAL OTHER $6,131,000.00 $710,000.00 $0.00 Chief, Office of Project Implementation STATE OF CALIFORNIA Department of Transportation $5,421,000.00 1Page of 9Program Supplement 11-5066F15-F030- ISTEA 9/19/24 Page 211 of 520 SPECIAL COVENANTS OR REMARKS 11-SD-0-NATC ATPL-5066(049) 1.A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT. B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE. E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform 2Page of 9Program Supplement 11-5066F15-F030- ISTEA Page 212 of 520 SPECIAL COVENANTS OR REMARKS 11-SD-0-NATC ATPL-5066(049) Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations. J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph: ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA. L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred 3Page of 9Program Supplement 11-5066F15-F030- ISTEA Page 213 of 520 SPECIAL COVENANTS OR REMARKS 11-SD-0-NATC ATPL-5066(049) costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE. M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance. N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200. O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement. 2.A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). C. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. D. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by 4Page of 9Program Supplement 11-5066F15-F030- ISTEA Page 214 of 520 SPECIAL COVENANTS OR REMARKS 11-SD-0-NATC ATPL-5066(049) STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. E. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion 5Page of 9Program Supplement 11-5066F15-F030- ISTEA Page 215 of 520 SPECIAL COVENANTS OR REMARKS 11-SD-0-NATC ATPL-5066(049) Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. G. As a condition for receiving federal-aid highway funds for PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. H. This PROJECT is programmed to receive Federal funding from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the component specific allocation or the effective date of the federal obligation of funds. I. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY also agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration and that STATE funds available for reimbursement will be limited to the amounts allocated by the California Transportation Commission and/or STATE. J. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund 6Page of 9Program Supplement 11-5066F15-F030- ISTEA Page 216 of 520 SPECIAL COVENANTS OR REMARKS 11-SD-0-NATC ATPL-5066(049) transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation will consist of a Federal Highway Administration-approved "Authorization to Proceed" notification, a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. K. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT. L. The submittal of invoices for PROJECT costs shall be in accordance with the above- referenced publications and the following. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications & estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance, whichever occurs first, to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. M. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these Federal funds. N. This PROJECT is subject to the timely use of funds provisions enacted by the ATP Guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below. Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award. O. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program Guidelines, as adopted or amended. P. This PROJECT has received funds from Active Transportation Program (ATP). 7Page of 9Program Supplement 11-5066F15-F030- ISTEA Page 217 of 520 SPECIAL COVENANTS OR REMARKS 11-SD-0-NATC ATPL-5066(049) The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines. 3.The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. 4. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: Pertinent Nondiscrimination Authorities: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex); D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain 8Page of 9Program Supplement 11-5066F15-F030- ISTEA Page 218 of 520 SPECIAL COVENANTS OR REMARKS 11-SD-0-NATC ATPL-5066(049) testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 9Page of 9Program Supplement 11-5066F15-F030- ISTEA Page 219 of 520 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. F030 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE BAYSHORE BIKEWAY - SEGMENT 5 PROJECT, CIP 22-33, ATP CYCLE 4; 2) AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $5,421,000 AND CORRESPONDING REVENUE BUDGET; AND 3) COMMITTING TO PROVIDING A LOCAL MATCH OF $710,000. WHEREAS, in July 2018, City staff submitted a Cycle 4 Active Transportation Program (“ATP”) grant application to the California Department of Transportation (“Caltrans”) for the Bayshore Bikeway – Segment 5 project (“Project”); and WHEREAS, the Project will provide nearly 1.5 miles of protected bicycle facilities along McKinley Avenue and Marina Way in the City of National City (“City”); and WHEREAS, in January 2019, staff received notification from Caltrans that the City had been awarded Federal ATP funds in the amount of $5,421,000 for the Project, which required a local match from the City of $710,000; and WHEREAS, additionally, on November 19, 2019, the City adopted resolution No. 2019- 155 authorizing entering into a Memorandum of Understanding (“MOU”) with the San Diego Unified Port District (“Port of San Diego”) in which the Port of San Diego committed to fund $900,000 for the Project’s design and entitlements; and WHEREAS, due to construction cost increases, in June 2022, City staff submitted a Cycle 6 Federal ATP grant application to Caltrans in the amount of $2,072,000 for the Project and was awarded the ATP grant at the California Transportation Committee’s (“CTC”) meeting on December 7, 2022 (the “Cycle 6 Grant”); and WHEREAS, on October 1, 2024, the City adopted Resolution No. 2024-111, authorizing the Mayor to execute Program Supplement Agreement (“PSA”) No. A670 for the Cycle 6 Grant, including committing to provide a local match of $310,800; and WHEREAS, at their March 22, 2024 meeting, the CTC awarded a Cycle 4 ATP grant in the amount of $5,421,000 to the City for the Project; and WHEREAS, the $5,421,000 award was distributed entirely for the Construction (“CON”) phase of the Project; and WHEREAS, on September 19, 2024, Caltrans issued an authorization to proceed to the City for the CON phase, formalized as a PSA, confirming the State Funds portion of $5,421,000 with a required local match of $710,000; and WHEREAS, funds are available to meet the local match utilizing existing appropriations in the General Fund’s Traffic Systems Improvements project; and Page 220 of 520 WHEREAS, City staff recommends the City Council adopt this Resolution authorizing the Mayor to execute PSA No. F030 with Caltrans for the Project to allow reimbursement of up to $5,421,000 for the CON phase. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: That the City Council hereby authorizes the Mayor to execute Program Supplement Agreement No. F030 with the State of California Department of Transportation for the Bayshore Bikeway - Segment 5 project, CIP 22-33, ATP Cycle 4. . Section 2: That the City Council hereby authorizes the establishment of an Engineering Grants Fund Appropriation of $5,421,000 and corresponding revenue budget. Section 3: That the City Council hereby authorizes to commit to providing a local match of $710,000 from the Traffic Systems Improvement project. Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 15th day of October, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 221 of 520 AGENDA REPORT Department: Library Prepared by: Danielle Ghio, Acting City Librarian Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: California Library Adult and Family Literacy Services Grant Funds Acceptance RECOMMENDATION: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager or his Designee to Accept the California Library Literacy Services (CLLS) grant of $63,375 from the California State Library to Fund the National City Public Library’s Literacy Services Programs for FY2025 and Authorizing the Establishment of a Library Grants Fund Appropriation of $63,375 and Corresponding Revenue Budget.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Approved by the Board of Library Trustees at the regular meeting of October 2, 2024. EXPLANATION: California Library Literacy Services was developed in 1984 as the first statewide library-based adult literacy service. Since then, library literacy programs have helped more than a quarter of a million learners and their families. Since 1984, the National City Public Library has assisted adults who seek to achieve their desired educational, professional, and academic goals. To better serve our community and allow more access to the program, it is offered either in-person, online or a hybrid of both. Adults in the literacy program are offered comprehensive tutoring in reading, writing, mathematics, basic computer and technology skills, GED/HiSet and ASVAB preparation, citizenship education, as well as skills for interviewing and resume writing. In FY 2023-2024, the program assisted 141 learners. The program allows learners to achieve personal goals such as learning the alphabet, reading a book for the first time, getting a job, sharing a book with a child, reading a medicine label, volunteering in the community, and voting. Our Library has also developed a strong program with curriculum in digital literacy. The California Library Literacy Services (CLLS) grant is designed to support the library’s literacy services program for adults who seek to improve their reading, writing, math, and computer skills. The award amount the State Library provides to libraries that offer literacy services to their communities is based on a three-part funding formula: 1. A baseline amount ($20,000) for each approved library literacy program; 2. A per capita amount per adult learner served in the previous year’s program; and 3. Additional funding raised by local funds earmarked for adult literacy services. This local funding is fulfilled by Library Fund personnel costs for the operation of the literacy program. The National City Public Library’s Adult Literacy Program provides literacy services to English- speaking adults, helping them reach their goals as lifelong learners, community members, Page 222 of 520 workers, and family members. The Adult Literacy Program values learner-centered education and places the real-world needs and interests of adults at the center of the curriculum. The National City Public Library began a Family Literacy pilot program in FY 2023-24 which Supports the literacy development within the home and family unit. Family Literacy Services contribute to strong communities and families. The focus is on building strong foundations in reading, writing, and other language-based programs and activities for adult literacy learners and their families. By incorporating literacy into daily routines and interactions, families can improve their overall communication and educational outcomes. The California Library Literacy Services (CLLS) grant is designed to support the library’s literacy services program for families who seek to improve their reading, writing, math, and computer skills. The family literacy program provides family literacy packets that include lesson plans, children’s books, craft activities, and assignments for families to do together. The program also provides workshops that focus on family learning goals as well as connect and engage families with programming, resources, and each other to obtain each learner’s goals and aspirations. The CLLS grant is awarded in two installment payments. The first payment of $57,038 (90% of the Award) is being awarded at this time. The second payment of $6,337, representing the remaining 10% of the total award for FY 2025, will be claimed at a later date upon submission of the mid-year narrative and financial reports that demonstrate program activity and confirm that 75% of the award has been expended. The total award amount for FY 2025 will be $63,375. FINANCIAL STATEMENT: Approval of the Resolution authorizes the establishment of a Library Grant Fund appropriation of $63,375 and a corresponding revenue budget as follows: Expenditures: Account 320-50-41-41407-6005- Hourly Wages: $11,000 Account 320-50-41-41407-7222- Memberships & Subscriptions: $15,000 Account 320-50-41-41407-7399- Materials & Supplies: $37,375 Revenues: Account 320-50-41-41407-3463- Other State Grants: $63,375 RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Parks, Recreation and Library ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065. PUBLIC NOTIFICATION: The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A - State Library Award Letter Agreement and Certificate of Compliance Exhibit B - Resolution Page 223 of 520 In Process Library Courts Building 916-323-9759 P.O. Box 942837 csl-adm@library.ca.gov Sacramento, CA 94237-0001 www.library.ca.gov August 22, 2024 Danielle Ghio National City Public Library 1401 National City Blvd. National City, CA 91950 Dear Ms. Ghio, and the important work that you, your staff, and your volunteers do in your community. The state budget continues to provide $7.32 million in California Library Literacy Services funding for Adult Literacy Services and Family Literacy Services. Your total award amount for the 2024-2025 fiscal year beginning July 1, 2024, is: Adult Literacy and Family Literacy Services: $63,375 Total Award: $63,375 CLLS programs with Family Literacy Services will receive one award total, referred to as a -2025 program period. Your library is responsible for allocating award funds between Adult Literacy Services and Family Literacy Services to respond to community needs and for adhering to the following requirements: At least 51 percent of the block grant award must be allocated to Adult Literacy Services. At least 26 percent of the block grant award must be allocated to Family Literacy Services. Programs who requested a fixed award for Family Literacy Services may adjust their request by +/- 25 percent. Contact your state team for support. The block grant model does not apply to English as a Second Language Services funds for the 2024-2025 and 2025-2026 program periods. Your award will be claimed in two stages. The claim form included in this award packet will allow you to request the first 90% of your total award: Total Initial Award Amount: $57,038 Information about claiming the rest of your award is included in the payment schedule at the end of your award packet. You must encumber your funds by June 30, 2025. You must fully expend funds by September 30, 2024, in accordance with your approved budget on file with the State Library. Docusign Envelope ID: 18CB0FAC-09AB-40E1-8966-9CDC5BB5C27E Page 224 of 520 In Process Library Courts Building 916-323-9759 P.O. Box 942837 csl-adm@library.ca.gov Sacramento, CA 94237-0001 www.library.ca.gov and for which a budget has been provided to and approved by the State Library. Review the California Library Literacy Services Allowable and Unallowable Expenses guidelines to ensure program expenditures are consistent with the California Library Literacy Services allowable expenses. If you have questions about expenses or expending award funds, contact Allyson Jeffredo at CLLS@library.ca.gov. We strongly encourage your program staff to develop and maintain community partners to strengthen your program, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium/a, and participate in library literacy training opportunities offered by the regional networks and the State Library to meet the California Library Literacy Services Mission, Values, and Program Essentials. Additional California Library Literacy Services resources can be found on the California Library Literacy Services website. The payment process begins when we receive your completed and signed claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance included in this packet. All forms should be completed and signed through DocuSign to be processed for payment. Our library literacy staff are available to assist you throughout the year. Contact your Advisor Beverly Schwartzberg and your Grant Monitor Allyson Jeffredo at CLLS@library.ca.gov with any questions. Thank you for your willingness to do so much for those in your community. Best wishes for a successful year. Respectfully yours, Greg Lucas California State Librarian Cc: Beverly Schwartzberg, beverly.schwartzberg@library.ca.gov Allyson Jeffredo, allyson.jeffredo@library.ca.gov State Library Fiscal Office, stategrants.fiscal@library.ca.gov Mikki Vidamo, mvidamo@nationalcityca.gov Enc: Re: CLLS24-51: Claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance Docusign Envelope ID: 18CB0FAC-09AB-40E1-8966-9CDC5BB5C27E Page 225 of 520 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT THE CALIFORNIA LIBRARY LITERACY SERVICES (CLLS) GRANT IN THE AMOUNT OF $63,375 FROM THE CALIFORNIA STATE LIBRARY TO FUND THE NATIONAL CITY PUBLIC LIBRARY’S LITERACY SERVICES PROGRAMS FOR FISCAL YEAR 2025 AND AUTHORIZING THE ESTABLISHMENT OF A LIBRARY GRANTS FUND APPROPRIATION OF $63,375 AND CORRESPONDING REVENUE BUDGET. WHEREAS, the California Library Literacy Services (“CLLS”) Grant is designed to support the National City Public Library’s Literacy Services Program for English-speaking adults who seek to improve their reading, writing, and math skills; and WHEREAS, since 1984, the National City Public Library has assisted adults who seek to improve their reading skills and achieve personal goals such as learning the alphabet, reading a book for the first time, getting a job, sharing a book with a child, reading a medicine label, volunteering in the community, and voting; and WHEREAS, the National City Public Library began a Family Literacy pilot program in FY 2023-24 which supports literacy development within the home and family unit and where the focus is on building strong foundations in reading, writing, and other language-based programs and activities for adult literacy learners and their families; and WHEREAS, the CLLS Grant is provided to the library in two payments each year; the first payment of $57,038 (90% of the Award) is the baseline amount, and the second payment of $6,337, representing the remaining 10% of the total Award for FY 2025, can be claimed at a later date upon submission of the mid-year narrative and financial report that demonstrates project activity and confirmation that 75% of the Award has been expended for a total Award amount of $63,375 for Fiscal Year 2025. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: That the City Council hereby authorizes the City Manager or his designee to accept the grant funds in the amount of $63,375 from the California State Library to fund the National City Public Library’s Literacy Services Programs for Fiscal Year 2025, and authorizes the establishment of Library Grant Fund appropriations in the amount of $63,375 with a corresponding revenue budget. 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 15th day of October, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 226 of 520 AGENDA REPORT Department: Information Technology Prepared by: Ron Williams, IT Manager Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Enterprise Storage System Lifecycle Replacement RECOMMENDATION: Adopt a Resolution Entitled: “Resolution of the City Council of the City of National City, California, Waiving the Bid Process by Utilizing Pricing and Contracts, Amendments, and Extensions from the National Intergovernmental Purchasing Alliance (NIPA) Technical Solutions Contract # 2018011 with CDWG LLC to Purchase Enterprise Storage System (ESS) Hardware, Software, and Related Services for an Amount Not-to-Exceed $314,101.94 Pursuant to National City Municipal Code Section 2.60.260.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The Enterprise Storage System (ESS) consists of centralized storage array repositories hosting data and business applications in data centers located at various City facilities (City Hall, Police Department and Library). The ESS provides centralized data management, data protection (data security), and data sharing capabilities (network shared drives). The ESS storage array repositories host application server platforms running the City’s essential information systems applications (Email, Financials, Intranet, City Records Management, Permitting, GIS, Law Enforcement Records Management and Report Writing, Legal Case Management, Computer Aided Dispatch, etc.). Major hardware components of the ESS storage arrays were purchased in 2017 and 2018. The average lifecycle of enterprise storage hardware is five to seven years. The ESS is approaching support end of life where software updates and spare parts will become increasingly difficult to obtain when malfunctions occur. Upgrading the ESS will provide increased data storage capacity, and advanced technologies to support the latest innovations in information technology service delivery and data management throughout the City of National City. Staff is requesting approval of the purchase of a new Enterprise Storage System in the not-to- exceed amount of $314,101.94 utilizing NIPA contract #2018011, consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing. NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be Page 227 of 520 in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City’s Purchasing staff has confirmed that the NIPA Contract #2018011 was competitively bid through a Request for Proposals (RFP) process, and that the procurement procedures are in substantial compliance with those of the City of National City. FINANCIAL STATEMENT: The funding for this purchase was included in the FY25 budget in the Information Technology Maintenance & Operations Fund. No additional appropriations are required. The not-to-exceed expenditure of $314,101.94 will be recorded in Account No. 629-10-13-13600-7502- Computer Equipment. 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. 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 – CDWG Quote Exhibit B – NIPA Master Agreement Exhibit C – Amendment #1 Exhibit D – Amendment #2 Exhibit E – Amendment #3 Exhibit F – Master Agreement Renewal Exhibit G – Resolution Page 228 of 520 Hardware Software Services IT Solutions Brands Research Hub JOHN SAOUR, Thank you for considering CDW•G for your technology needs. The details of your quote are below. If you are an eProcurement or single sign on customer, please log into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing. For all other customers, click below to convert your quote to an order. Convert Quote to Order QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRAND TOTAL PCSF804 9/27/2024 HPE COMBINED 7328975 $314,101.94 QUOTE DETAILS ITEM QTY CDW#UNIT PRICE EXT.PRICE HPE VIRTUAL RACK 1 6491776 $29.16 $29.16 Mfg. Part#: ZU715A Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011) HPE GREENLAKE BLOCK STOR CONF SUB 1 7863454 $0.16 $0.16 Mfg. Part#: S0B84A Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011) HPE GreenLake for Block Storage MP OS - subscription license-to-use (5 year 1 7947163 $0.39 $0.39 Mfg. Part#: S3Q02A Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011) Configurator Defined Build Instructions - user manual 1 2997992 $1.08 $1.08 Mfg. Part#: 581817-B21 Contract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP - rack chassis - 2U 1 7477177 $1,957.21 $1,957.21 Mfg. Part#: R7C75A Contract: National IPA Technology Solutions (2018011) HPE 256 GB 16-core Block Controller Node - storage controller 2 7612576 $9,705.42 $19,410.84 Mfg. Part#: S0R21A Contract: National IPA Technology Solutions (2018011) HPE Alletra - host bus adapter - 32Gb 64Gb Fibre Channel x 4 2 7612580 $871.06 $1,742.12 Mfg. Part#: R7C90A Contract: National IPA Technology Solutions (2018011) HPE - SFP28 transceiver module - 32Gb Fibre Channel 4 6928666 $96.27 $385.08 Mfg. Part#: Q2P62A Page 229 of 520 Page 2 of 6 QUOTE DETAILS (CONT.) Contract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP - host bus adapter - OCP - 100 Gigabit Ethernet x 2 2 7860673 $664.07 $1,328.14 Mfg. Part#: S2A68A Contract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP C14 1600W AC Power Supply 2 7477203 $331.26 $662.52 Mfg. Part#: R7C76A Contract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP 7.68TB NVMe Solid State Drive 10 7908747 $2,276.48 $22,764.80 Mfg. Part#: R9H68A Contract: National IPA Technology Solutions (2018011) HPE - power cable - power IEC 60320 C13 to IEC 60320 C14 - 4.6 ft 1 7477187 $0.15 $0.15 Mfg. Part#: R9R52A Contract: National IPA Technology Solutions (2018011) HPE - power cable - power IEC 60320 C13 to IEC 60320 C14 - 4.6 ft 1 7477188 $0.15 $0.15 Mfg. Part#: R9S00A Contract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP - rack shelf - NVMe, configure-to-order 1 7860675 $1,956.64 $1,956.64 Mfg. Part#: S1J10A Contract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP C14 1600W AC Power Supply 2 7477203 $331.26 $662.52 Mfg. Part#: R7C76A Contract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP - rack shelf - NVMe 2 7860676 $3,275.67 $6,551.34 Mfg. Part#: S1R28A Contract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP - host bus adapter - OCP - 100 Gigabit Ethernet x 2 2 7860673 $664.07 $1,328.14 Mfg. Part#: S2A68A Contract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP 7.68TB NVMe Solid State Drive 8 7908747 $2,276.48 $18,211.84 Mfg. Part#: R9H68A Contract: National IPA Technology Solutions (2018011) HPE - power cable - power IEC 60320 C13 to IEC 60320 C14 - 4.6 ft 1 7477187 $0.15 $0.15 Mfg. Part#: R9R52A Contract: National IPA Technology Solutions (2018011) HPE - power cable - power IEC 60320 C13 to IEC 60320 C14 - 4.6 ft 1 7477188 $0.15 $0.15 Mfg. Part#: R9S00A Contract: National IPA Technology Solutions (2018011) Page 230 of 520 Page 3 of 6 QUOTE DETAILS (CONT.) HPE STG DATA ENCRYPTION LTU 1 7909906 $0.91 $0.91 Mfg. Part#: S0A98A Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP CDM - bluetooth connect kit 1 7878304 $22.06 $22.06 Mfg. Part#: S0U79A Contract: National IPA Technology Solutions (2018011) HPE Aruba 100GBase direct attach cable - 3.3 ft 2 7327647 $52.36 $104.72 Mfg. Part#: R9F77A Contract: National IPA Technology Solutions (2018011) HPE GreenLake for Block Storage MP OS - subscription license (5 years) + Su 138 7947166 $524.21 $72,340.98 Mfg. Part#: S3Q02AAE Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011) SIRIUS ITEM HU4A6A5008W 1 7849524 $0.22 $0.22 Mfg. Part#: HU4A6A5008W Contract: National IPA Technology Solutions (2018011) HPE ALLETRA STORAGE MP 2U CHASSIS 1 7477185 $311.31 $311.31 Mfg. Part#: HU4A6A5008L Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011) HPE ALLETRA STGMP 16C NODE SUP 2 7851722 $987.80 $1,975.60 Mfg. Part#: HU4A6A5008N Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011) HPE ALLETRA STG MP 32 64 4PT FC SUP 2 7822374 $138.56 $277.12 Mfg. Part#: HU4A6A5008P Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011) SIRIUS ITEM HU4A6A5008T 18 7849503 $362.25 $6,520.50 Mfg. Part#: HU4A6A5008T Contract: National IPA Technology Solutions (2018011) HPE ALLETRA STG MP BLOCK SHELF SUP 1 7849505 $520.95 $520.95 Mfg. Part#: HU4A6A5008X Contract: National IPA Technology Solutions (2018011) HPE ALLETRA STG MP NVME SHEF SUP 1 7849511 $311.31 $311.31 Mfg. Part#: HU4A6A5008Z Contract: National IPA Technology Solutions (2018011) HPE ALLETRA STG MP 100GBE 2P SUP 1 7849513 $105.51 $105.51 Mfg. Part#: HU4A6A5009A Contract: National IPA Technology Solutions (2018011) Page 231 of 520 Page 4 of 6 QUOTE DETAILS (CONT.) HPE GREENLAKE BLK STRG DRV ENCL FLD 1 7849517 $467.95 $467.95 Mfg. Part#: HA124A1#VZJ Contract: National IPA Technology Solutions (2018011) HPE GREENLAKE BLK STRG OS SRTUP SVC 1 7849519 $2,000.58 $2,000.58 Mfg. Part#: HA124A1#VZW Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011) HPE GREENLAKE BLK STRG 2N FLD SRTUP 1 7849522 $1,379.18 $1,379.18 Mfg. Part#: HA124A1#VZS Contract: National IPA Technology Solutions (2018011) HPE VIRTUAL RACK 1 6491776 $31.28 $31.28 Mfg. Part#: ZU715A Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011) HPE GREENLAKE BLOCK STOR CONF SUB 1 7863454 $0.19 $0.19 Mfg. Part#: S0B84A Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011) HPE GreenLake for Block Storage MP OS - subscription license-to-use (5 year 1 7947163 $0.64 $0.64 Mfg. Part#: S3Q02A Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011) Configurator Defined Build Instructions - user manual 1 2997992 $0.80 $0.80 Mfg. Part#: 581817-B21 Contract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP - rack chassis - 2U 1 7477177 $2,402.25 $2,402.25 Mfg. Part#: R7C75A Contract: National IPA Technology Solutions (2018011) HPE 256 GB 16-core Block Controller Node - storage controller 2 7612576 $11,912.36 $23,824.72 Mfg. Part#: S0R21A Contract: National IPA Technology Solutions (2018011) HPE Alletra - host bus adapter - 32Gb 64Gb Fibre Channel x 4 2 7612580 $1,069.13 $2,138.26 Mfg. Part#: R7C90A Contract: National IPA Technology Solutions (2018011) HPE - SFP28 transceiver module - 32Gb Fibre Channel 4 6928666 $191.13 $764.52 Mfg. Part#: Q2P62A Contract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP C14 1600W AC Power Supply 2 7477203 $406.58 $813.16 Mfg. Part#: R7C76A Contract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP 7.68TB NVMe Solid State Drive 10 7908747 $2,794.14 $27,941.40 Page 232 of 520 Page 5 of 6 QUOTE DETAILS (CONT.) Mfg. Part#: R9H68A Contract: National IPA Technology Solutions (2018011) HPE - power cable - power IEC 60320 C13 to IEC 60320 C14 - 4.6 ft 1 7477187 $0.19 $0.19 Mfg. Part#: R9R52A Contract: National IPA Technology Solutions (2018011) HPE - power cable - power IEC 60320 C13 to IEC 60320 C14 - 4.6 ft 1 7477188 $0.18 $0.18 Mfg. Part#: R9S00A Contract: National IPA Technology Solutions (2018011) HPE STG DATA ENCRYPTION LTU 1 7909906 $0.73 $0.73 Mfg. Part#: S0A98A Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011) HPE Alletra Storage MP CDM - bluetooth connect kit 1 7878304 $27.08 $27.08 Mfg. Part#: S0U79A Contract: National IPA Technology Solutions (2018011) HPE GreenLake for Block Storage MP OS - subscription license (5 years) + Su 77 7947166 $868.23 $66,853.71 Mfg. Part#: S3Q02AAE Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011) SIRIUS ITEM HU4A6A5008W 1 7849524 $0.34 $0.34 Mfg. Part#: HU4A6A5008W Contract: National IPA Technology Solutions (2018011) HPE ALLETRA STORAGE MP 2U CHASSIS 1 7477185 $465.96 $465.96 Mfg. Part#: HU4A6A5008L Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011) HPE ALLETRA STGMP 16C NODE SUP 2 7851722 $1,478.58 $2,957.16 Mfg. Part#: HU4A6A5008N Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011) HPE ALLETRA STG MP 32 64 4PT FC SUP 2 7822374 $207.40 $414.80 Mfg. Part#: HU4A6A5008P Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011) SIRIUS ITEM HU4A6A5008T 10 7849503 $542.23 $5,422.30 Mfg. Part#: HU4A6A5008T Contract: National IPA Technology Solutions (2018011) HPE GREENLAKE BLK STRG OS SRTUP SVC 1 7849519 $2,899.45 $2,899.45 Mfg. Part#: HA124A1#VZW Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011) Page 233 of 520 Page 6 of 6 QUOTE DETAILS (CONT.) HPE GREENLAKE BLK STRG 2N FLD SRTUP 1 7849522 $1,998.81 $1,998.81 Mfg. Part#: HA124A1#VZS Contract: National IPA Technology Solutions (2018011) SUBTOTAL $302,289.41 SHIPPING $0.00 SALES TAX $11,812.53 GRAND TOTAL $314,101.94 PURCHASER BILLING INFO DELIVER TO Billing Address: CITY OF NATIONAL CITY ACCOUNTS PAYABLE 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Phone: (619) 336-4200 Payment Terms: Net 30 Days-Govt State/Local Shipping Address: CITY OF NATIONAL CITY RON WILLIAMS 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Phone: (619) 336-4200 Shipping Method: DROP SHIP-COMMON CARRIER Please remit payments to: CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 Sales Contact Info Brian Clouser | (866) 339-4119 | briaclo@cdwg.com Need Help? My Account Support Call 800.800.4239 About Us |Privacy Policy |Terms and Conditions This order is subject to CDW's Terms and Conditions of Sales and Service Projects at http://www.cdwg.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager. © 2024 CDW•G LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 Page 234 of 520 City of Mesa, AZ Contract # 2018011-01 for Information Technology Solutions and Services with CDW Government, LLC Effective: March 1, 2018 Page 235 of 520 The following documents comprise the executed contract between the City of Meza, AZ and CDW Government, LLC., effective March 1, 2018: I.Executed Contract II.Mayor and Council Approval III.Supplier Response IV.Original RFP Page 236 of 520 OFFICE OF THE CITY CLERK COUNCIL MINUTES February 5, 2018 The City Council of the City of Mesa met in a Regular Council Meeting in the Council Chambers, 57 East 1st Street, on February 5, 2018 at 5:45 p.m. COUNCIL PRESENT COUNCIL ABSENT OFFICERS PRESENT John Giles David Luna Mark Freeman Christopher Glover Francisco Heredia Kevin Thompson Jeremy Whittaker None Christopher Brady Dee Ann Mickelsen Jim Smith Mayor’s Welcome. Invocation by Pastor Ben Diaz with Palabra de Vida (Word of Life). Pledge of Allegiance was led by Councilmember Thompson. Awards, Recognitions and Announcements. There were no awards, recognitions or announcements. 1. Take action on all consent agenda items. All items listed with an asterisk (*) will be considered as a group by the City Council and will be enacted with one motion. There will be no separate discussion of these items unless a Councilmember or citizen requests, in which event the item will be removed from the consent agenda and considered as a separate item. If a citizen wants an item removed from the consent agenda, a blue card must be completed and given to the City Clerk prior to the Council’s vote on the consent agenda. It was moved by Councilmember Thompson, seconded by Councilmember Glover, that the consent agenda items be approved. Carried unanimously. *2. Approval of minutes from previous meetings as written. Minutes from the January 8, 11, and 22, 2018 Council meetings. Page 237 of 520 Regular Council Meeting February 5, 2018 Page 2 3. Take action on the following liquor license applications: *3-a. It Ain’t Chemo This is a one-day event to be held on Saturday, February 10, 2018 from 9:00 A.M. to 9:00 P.M. at Riverview Park, 2100 West Rio Salado Parkway. (District 1) *3-b. AMC Superstition East 12 A multi-screen cinema is requesting a new Series 6 Bar License for American Multi- Cinema Inc., 1935 South Signal Butte Road - Andrea Dahlman Lewkowitz, agent. There is no existing license at this location. (District 6) *3-c. ATL Wings A restaurant that serves lunch and dinner is requesting a new Series 12 Restaurant License for Stapley Wings LLC, 1455 South Stapley Drive, Suites 22-24 - Andrea Dahlman Lewkowitz, agent. The existing license held by Mark Killian, sole proprietor, will revert to the State. (District 4) *3-d. Elgin Distillery This is a one-day craft distillery festival to be held on Saturday, March 3, 2018 from 9:00 A.M. to 4:00 P.M. at Sunland Village, 4601 East Dolphin Avenue. (District 2) *3-e. Village of Elgin Winery This is a one-day wine festival event to be held on Saturday, March 3, 2018 from 9:00 A.M. to 4:00 P.M. at Sunland Village, 4601 East Dolphin Avenue. (District 2) 4. Take action on the following off-track betting license application: *4-a. Turf Paradise, TP Racing LLLP New Off-Track Betting License for Turf Paradise, TP Racing LLLP to telecast at Moose & Bear, located at 118 East McKellips Road, Suite 103, TB Concepts LLC. Applicant: Vincent Acri Francia. (District 1) 5. Take action on the following contracts: *5-a. One-Year Renewal to the Term Contract for Executive Physicals for Citywide Departments as requested by the Human Resources Department. (Citywide) This contract provides annual physicals for the City’s executive staff as a means of maintaining optimum health. There are approximately 65-70 positions eligible to participate in this program. The Human Resources Department and Purchasing recommend authorizing the renewal contract with Banner Occupational Health Clinics, at $88,500, based on estimated usage. Page 238 of 520 Regular Council Meeting February 5, 2018 Page 3 *5-b. One-Year Renewal to the Term Contract for Deceased Animal Collection Services for the Community Services Department. (Citywide) This contract provides a vendor to collect and dispose of deceased animals up to 150 pounds that are reported within the City. The contractor is responsible for the proper disposal by cremation or other means in accordance with the standards and methods approved by the Maricopa County Health Department. The Community Services Department and Purchasing recommend authorizing the renewal contract with APM/Couts Enterprises, Inc., dba Arizona Pet Mortuary, at $54,000, based on estimated usage. *5-c. Purchase of One Replacement Fire Apparatus, an Air Light/Rehab Unit, for the Fire and Medical Department (Sole Source). (Citywide) The apparatus being replaced has met established replacement criteria and will be sold by a sealed bid process or traded-in as part of the City's fire apparatus purchase agreement with Pierce Manufacturing. In addition, Fire and Medical will trade-in two units to further offset the price for the Air/Light Rehab unit. The Fire and Medical Department and Purchasing recommend authorizing the purchase using the City’s five-year purchase agreement with Pierce Manufacturing Inc., through their designated local dealer, Hughes Fire Equipment Inc., at $502,264.75. This purchase is funded by the Capital-General Fund and authorized 2013 Public Safety Bonds. *5-d. Three-Year Term Contract for Landscape Maintenance Services for Parks, Retention Basins and Sports Fields - Zones 1, 2, 3 and 4 for the Parks, Recreation and Community Facilities Department (PRCF). (Citywide) These contracts provide landscape maintenance services for sports fields, parkways, medians, parks, retention basins or grounds adjacent to City facilities. The City has divided the landscaping into geographic areas known as Zones 1, 2, 3 and 4. PRCF has done an analysis to bring the work under this contract in-house and, at this time, contracting continues to be in the best financial interest of the City. The evaluation committee recommends awarding the contract to the highest-scored proposal from Mariposa Landscape Arizona, Inc.; Zone 1, at $1,435,319.57 annually; Zone 2, at $959,183.45 annually; Zone 3, at $974,364.20 annually; and Zone 4, at $1,221,738.22 annually; based on estimated usage. *5-e. Three-Year Term Contract for Plumbing Services for the Parks, Recreation and Community Facilities Department. (Citywide) This contract will establish a list of pre-qualified plumbing contractors to perform plumbing services on various City facilities/projects on an as-needed basis. The evaluation committee recommends awarding the contract to the four, highest-scored proposals from Mesa Energy Systems Inc.; RKS Plumbing and Mechanical Inc.; Sun Mechanical Inc.; and W.D. Manor Mechanical Contractors, Inc.; cumulatively not to exceed $100,000 annually, based on estimated usage. Page 239 of 520 Regular Council Meeting February 5, 2018 Page 4 *5-f. Purchase of Furniture for the Main Library as requested by the Library Services Department. (Citywide) This purchase will provide seating and tables for two new rooms at the Main Library, Teen Room and ThinkSpot. The Library worked with several vendors utilizing cooperative contracts specifying their needs and goals with this project. The Library Services Department and Purchasing recommend authorizing the purchase using the Northern Arizona University cooperative contract with Atmosphere Commercial Interiors, at $50,876.25. *5-g. Five-Year Term Contract with CDW Government, LLC and SHI International Corp. for Information Technology Solutions and Services for Various Departments throughout the City. (Citywide) This contract will provide the City and participating agencies a full range of information technology solution products and services to meet varying requirements of governmental agencies. The scope of products and services available under these contracts include standard business and high-end workstations; laptop and notebook computers; network equipment; computer and network products and peripherals; monitors; various cloud, consulting, and technical support services; financing; various software products; and the contractors' comprehensive product offering. Mesa, as the lead agency, has partnered with the National Intergovernmental Purchasing Alliance Company (National IPA) to lead this contract. The contract will be available to over 45,000 public agencies nationally. While no minimum volume is guaranteed to the suppliers, the estimated annual volume of IT Solutions purchased under this master agreement is approximately $500 million per year. The City will receive rebates annually for administering and awarding this contract. A committee representing the Police, and Information Technology Departments, City Manager’s Office, Police-Information Technology, National IPA and Purchasing evaluated responses. The evaluation committee recommends awarding the contract to the highest-scored proposals from CDW Government, LLC and SHI International Corp., at $3,100,000 annually, based on estimated usage. *5-h. One-Year Term Contract for Electrical and Lighting Supplies for the Materials and Supply Warehouse (for Citywide Departments). (Citywide) Multiple departments use this Citywide contract for their miscellaneous electrical equipment and supplies. The Business Services Department and Purchasing recommend authorizing the purchase using the State of Arizona cooperative contract with Border States Industries, Inc., at $100,000, based on estimated usage. *5-i. Re-Award the Three-Year Term Contract for Microfilm Conversion Services for the Police Department. (Citywide) This contract will provide services to convert Police Department data from microfilm to digital media. Police, Records Division use microfilm that is becoming worn and damaged. The previous vendor is unable to satisfactorily fulfill the contract requirements. Page 240 of 520 Regular Council Meeting February 5, 2018 Page 5 The Police Department and Purchasing recommend re-awarding the contract to the second highest scored proposal, ICM Conversions, at $400,000 annually, based on estimated usage. *5-j. Purchase of Falcon District Brand Signage as requested by the Economic Development Department. (Citywide) Continuing to build awareness and to promote the Falcon Field Economic Activity Area, this purchase for the Falcon District signage includes the installation of two branded monument signs to be located on Greenfield and Higley Roads, south of the 202. Additionally, the City will install utility and transit signal box wraps and will mount branded banners promoting aerospace, technology, and manufacturing on light poles around the airport. The Economic Development Department and Purchasing recommend authorizing the purchase using the City of Peoria cooperative contract with YESCO Phoenix, at $146,670.49. This purchase is funded by Local Streets Sales Tax. *5-k. Purchase of Three Replacement Rollback Trailers for the Transportation Department. (Citywide) These trailers will replace three aging equipment trailers that are at the end of their service life. The trailers will meet the needs and safety requirements for transporting the large equipment required to perform street and right-of-way maintenance. The Transportation Department and Purchasing recommend authorizing the purchase using the National Joint Powers Alliance contract with Empire Southwest (a Mesa business), at $176,764.77. This purchase is funded by Local Streets Sales Tax. *5-l. One-Year Renewal to the Term Contract for Radio-Based Endpoint Encoders (for Water Meter Reading) for the Water Resources Department. (Citywide) This contract provides Itron radio-based endpoint encoders and accessories purchased directly from Itron, Inc., the manufacturer. The endpoint stores 40 days of hourly reads to ensure data integrity and offers advanced customer side leak detection and reverse flow and tamper alarms. Water Utility installs approximately 540 radio-based endpoint encoders on new and existing meters annually. The Water Resources Department and Purchasing recommend authorizing the renewal with Itron, Inc., at $100,000, based on estimated usage. *5-m. Purchase of Water Treatment Plant Shop Tools and Equipment for the New Signal Butte Water Treatment Plant as requested by the Water Resources Department. (Citywide) This purchase is for tools and equipment needed for the start-up and maintenance in the various shops at the new Signal Butte Water Treatment Plant. The Water Resources Department and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidders: Copper State Bolt & Nut Co. (a Mesa business); Glendale Industrial Supply, LLC, dba UNICOA Construction and Industrial Supply; Mallory Safety & Supply LLC; and W.W. Grainger, Inc.; cumulatively not to exceed $153,000, based on estimated usage. Page 241 of 520 Regular Council Meeting February 5, 2018 Page 6 *5-n. One-Year Renewal to the Term Contract for Fire Hydrant Water Meters for the Water Resources Department. (Citywide) This contract provides 3” fire hydrant water meters to accurately measure construction water use of fire hydrants. The meters are installed by Water Utility staff to serve contractors and other customers needing to connect to City fire hydrants for temporary construction water service and dust control purposes. The Water Resources Department and Purchasing recommend authorizing the renewal with Badger Meter Inc., dba National Meter Automation, at $35,000, based on estimated usage. *5-o. Greenfield Water Reclamation Plant (GWRP), Phase III Expansion Guaranteed Maximum Price (GMP) No. 2. (Citywide) The City of Mesa, Town of Gilbert, and Town of Queen Creek seek to provide an additional 14 million gallons per day annual average day flow of liquids and solids treatment capacity at the existing GWRP, complete with the required infrastructure, technology, and environmental features to ensure a reliable, efficient, and expanded plant to meet the current and future demands. Staff recommends awarding the contract for the completion of this project to McCarthy Building Companies in the amount of $120,302,333 and authorize a change order allowance $6,015,117 (5%) for a total project amount of $126,317,450. This project is funded by the Greenfield Water Reclamation Plant Joint Venture Fund, with contributions coming from its members based on usage. Mesa’s portion of this GMP is $72,229,521 and is funded by 2014 authorized Wastewater Bonds. *5-p. Sewer Pipe and Manhole Rehabilitation: Mesa Drive, Millet Avenue, Horne, and 6th Avenue. (District 4) The existing sanitary sewer lines covered by this project were built during the 1950’s and 1960’s. The age of these pipes greatly increases their risk of failure and emergency repairs. This method of construction can be completed while leaving the pipe in place and without excavation. Similarly, the sewer manholes will be cleaned, repaired, and coated in place. Only the concrete adjustment rings will be removed and replaced. Staff recommends awarding the contract for this project to the lowest, responsible bidder, B and F Contracting, Inc, in the amount of $1,394,294.67, and authorize a change order allowance in the amount of $139,430 (10%), for a total amount of $1,533,724.67. Funding for this project is available from the 2014 Wastewater Bond Program. *5-q. Sidewalks at Railroad Crossing on Alma School. (Districts 3 and 4) To continue to meet current railroad approach and clearance standards at the Alma School Road railroad crossing, additional safety improvements will need to be made. The project improvements for roadway and sidewalk approach at this location will facilitate greater public safety and needed clearances from railroad signals along with a smoother roadway crossing of the Union Pacific Railroad track. Mesa will participate in the federally-funded Railway-Highway Grade Crossing Program, and will be responsible Page 242 of 520 Regular Council Meeting February 5, 2018 Page 7 for adjusting the existing concrete sidewalks around the proposed cantilevers and gates, and installing concrete medians. This project was previously awarded by Council on July 10, 2017, however, the previously selected contractor could not comply with the federal requirements and the project was released for bid a second time. Staff recommends awarding the contract to the lowest, responsible bidder, AJP Electric, in the amount of $149,494, plus an additional $14,949 (10%) as a change order allowance, for a total amount of $164,443. Funding is available from the Local Streets Sales Tax, of which 94.3% will be reimbursed by Arizona Department of Transportation (Federal) Grant under the Railway-Highway Grade Crossing. 6. Take action on the following resolutions: *6-a. Approving and authorizing the City Manager to submit the Second Substantial Amendment to the Fiscal Year 2017/2018 Annual Action Plan to the U.S. Department of Housing and Urban Development related to the allocation of funding obtained under the Community Development Block Grant (CDBG) program. This Amendment will allow for reallocation of $600,000 in CDBG funds from the Senior Center Renovation Project (247 North Macdonald) to the Eagles Park Project (828 East Broadway Road). (District 4) – Resolution No. 11088. *6-b. Approving and authorizing the City Manager to enter into a Grant Agreement with the Arizona Department of Public Safety to accept $1,335,284 in Victims of Crime Act (VOCA) grant funds. The finding will be used for salaries and expenses for the Mesa Prosecutors Office, Victim Services Unit for a three-year period. (Citywide) – Resolution No. 11089. *6-c. Approving and authorizing the City Manager to enter into a Lease Agreement with New Cingular Wireless PCS for a cellular site on a portion of 5950 East Virginia Street, also known as Mesa Fire Station 214. (District 5) – Resolution No. 11090. *6-d. Approving and authorizing the City Manager to enter into a Development Agreement for City-Share Reimbursement with PPGN-Ray, LLLP, for the reimbursement of $100,568 for regional street and street lighting improvements that are being required by the City in conjunction with a proposed residential development known as Crismon Road at PPGN, located at 5461 South Ellsworth Road. (District 6) – Resolution No. 11091. *6-e. Approving and authorizing the City Manager to enter into an Intergovernmental Agreement with the Maricopa County, Department of Transportation for the pavement rehabilitation of Adobe Road from Higley Road to Recker Road. The City will contribute an estimated $54,417 for the portion of the project that is within City boundaries that will be funded from the 2013 Streets Bond Program. (District 5) – Resolution No. 11092. *6-f. Approving and authorizing the City Manager to enter into First Amendments to the Development Agreement, Ground and Air Lease, and License Agreement with 3W Management, LLC, to facilitate the development of, and job creation and retention at, the City-owned property generally located at the southwest corner of Main Street and South Pomeroy and 34 South Pomeroy, which is the development commonly known as The GRID. (District 4) – Resolution No. 11093. Page 243 of 520 Regular Council Meeting February 5, 2018 Page 8 7. Introduction of the following ordinance and setting February 26, 2018 as the date of the public hearing on this ordinance: *7-a. ZON17-00323 (District 5) The 8800 to 8900 blocks of East Main Street (south side). Located west of Red Mountain Freeway on the south side of Main Street (16.4± acres). Rezoning from RS-43 and GC to GC-PAD; and Site Plan Review. This request will allow for the development of an RV dealership and storage facility. Jeff Welker, Welker Development Resources, applicant; Roger D. Overson, owner. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 6-0) 8. Discuss, receive public comment, and take action on the following ordinances: *8-a. ZON17-00309 (District 2) The 5200 block of East Inverness Avenue (south side). Located east of Higley Road south of the US60 Freeway (1.9 ± acres). Rezoning from RM-3-PAD to LC; and Site Plan Review. This request will allow for the development of a commercial building. John Schoenauer, HD Management, applicant; Sevilla, LLC, owner. – Ordinance No. 5419. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 7-0) *8-b. ZON17-00283 (District 6) The 7100 to 7300 blocks of East Ray Road (north side). Located east of Power Road on the north side of Ray Road (56.0± acres). Rezone from LI-AF to LI-AF-PAD. This request will allow for the development of an industrial subdivision. Omar Cervantes, XCL Engineering, LLC, applicant; Phx-Mesa Gateway Airport 193, LLC, owner. – Ordinance No. 5420. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 7-0) *8-c. ZON17-00432 (District 3) The 800 and 900 blocks of West Southern Avenue (south side), the 1200 and 1300 blocks of South Extension Road (west side), and the 800 and 900 blocks of West Grove Avenue (north side). Located at the southwest corner of Southern Avenue and Extension Road (19.3 ± acres). PAD Amendment; Site Plan Modification. This request will allow the development of a new multiple-residence building in an existing multiple-residence complex. Reese Anderson, Pew and Lake, PLC, applicant; Edward B. Frankel, Trustee of the Frankel Family Trust, owner. – Ordinance No. 5421. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 7-0) 9. Take action on the following subdivision plat: *9-a. "Allred Ranch" (District 2) The 2900 to 3100 blocks of East Southern Avenue (north side), and the 900 to 1200 blocks of South Los Alamos (west side). Located east of Page 244 of 520 Page 245 of 520 Page 1 of 32 AGREEMENT PURSUANT TO SOLICITATION CITY OF MESA AGREEMENT NUMBER 2018011 INFORMATION TECHNOLOGY SOLUTIONS & SERVICES CITY OF MESA, Arizona (“City”) Department Name City of Mesa – Purchasing Division Mailing Address P.O. Box 1466 Mesa, AZ 85211-1466 Delivery Address 20 East Main St, Suite 400 Mesa, AZ 85201 Attention Sharon Brause, CPPO, CPPB, CPCP Senior Procurement Officer E-Mail Sharon.Brause@MesaAZ.gov Phone (480) 644-2815 Fax (480) 644-2655 AND CDW GOVERNMENT LLC, (“Contractor”) Mailing Address 230 N. Milwaukee Ave Vernon Hills, IL 60061-9740 Remit Address 75 Remittance Dr, Suite #1515 Chicago, IL 60675-1515 Attention Jumana Dihu, Program Manager E-Mail jumdihu@cdwg.com Phone (312) 547-2495 Fax (312) 705-9437 Website www.cdwg.com Page 246 of 520 Page 2 of 32 CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION This Agreement pursuant to solicitation (“Agreement”) is entered into this 28th day of February, 2018, by and between the City of Mesa, Arizona, an Arizona municipal corporation (“City”), and CDW GOVERNMENT LLC, an Illinois limited liability company (“Contractor”). The City and Contractor are each a “Party” to the Agreement or together are “Parties” to the Agreement. RECITALS A. The City issued solicitation number 2018011 (“Solicitation”) for INFORMATION TECHNOLOGY SOLUTIONS & SERVICES, to which Contractor provided a response (“Response”); and B. The City Selected Contractor’s Response as being in the best interest of the City and wishes to engage Contractor in providing the services/materials described in the Solicitation and Response. In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the following Terms & Conditions. TERMS & CONDITIONS 1. Term. This Agreement is for a term beginning on March 1, 2018 and ending on February 28, 2023. The use of the word “Term” in the Agreement includes the aforementioned period as well as any applicable extensions or renewals in accordance with this Section 1. 1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2), one (1) year periods. Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then - current term. 1.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement, including any renewals permitted herein, at the City’s sole discretion this Agreement may be extended on a month-to-month basis for a maximum of six (6) months to allow for the City’s procurement processes in the selection of a Contractor to provide the services/materials provided under this Agreement. The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then - current term. 1.3 Delivery. Delivery shall be made to the location(s) contained in the Scope of W ork within thirty (30) days after receipt of an order. Title to Products and risk of loss or damage during shipment pass from Contractor to City upon delivery to the destination specified on the applicable purchase order (F.O.B. Destination, freight prepaid and allowed). Contractor agrees to deliver all products to be delivered F.O.B. destination, freight pre -paid and allowed to various locations throughout the City. In many cases within the City, the Contractor may be asked to deliver all products to the front counter within a given department. For special orders, the Parties agree to negotiate in good faith an alternative delivery date when necessary. Notwithstanding the foregoing, title to software will remain with the applicable licensor(s), and the City's rights therein are contained in the license agreement between such licensor(s) and the City. 2. Scope of Work. The Contractor will provide the necessary staff, services and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A (“Scope of Work”) Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise Page 247 of 520 Page 3 of 32 stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor’s personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work. The Agreement is based on the Solicitation and Response which are hereby incorporated by reference into the Agreement as if written out and included herein. In addition to the requirements specifically set forth in the Scope of Work, the Parties acknowledge and agree that the Parties shall perform in accordance with all terms, conditions, specifications and other requirements set forth within the Solicitation and Response unless modified herein. 3. Orders. Orders must be placed with the Contractor by either a: (i) Purchase Order when for a one- time purchase; (ii) procurement card; (iii) Delivery Order or Blanket Purchase Order for a requirements contract where multiple as-needed orders will be placed with the Contractor; (iv) Executed Statement of Work (SOW); or (v) Executed Cloud Service Order (CSO) Form. The City may use the Internet to communicate with Contractor and to place orders as permitted under this Agreement. Unless explicitly stated in a separate writing executed by the Parties, the terms and conditions on any order form, quote, or similar document provided by Contractor to the City will not take precedence over the language set forth in this Agreement or any of the documents outlined in Section 4 below. 4. Document Order of Precedence. In the event of any inconsistency between the terms of the body of the Agreement, Exhibits, Solicitation, and Response, the language of the documents will control in the following order. a. Amendments to the Agreement b. Agreement c. Exhibits 1. Mesa Standard Terms & Conditions (Exhibit C) 2. Pricing (Exhibit B) 3. Scope of Work (Exhibit A) 4. Other Exhibits not listed above d. Solicitation including any addenda e. Contractor’s Response 5. Payment. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described in Exhibit B (“Pricing”) in consideration of Contractor’s performance of the Scope of Work during the Term. 6. Pricing. Contractor’s pricing shall be in the format of a minimum percentage discount off a verifiable price index. Contractor may submit discounts for various manufacturers. At the time of purchase, Contractor may offer deeper discounts beyond the discounted price list, based on volume or other factors, as applicable. Minimum discounts will remain firm during the entirety of the Term of the Agreement, unless the Contractor requests to increase its discount percentage, and Pricing will include all charges that may be incurred in fulfilling requireme nt(s). In addition to decreasing prices for the balance of the Term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. In the event a product is discontinued, Contractor will provide a product of the same or greater functionality, utilizing the discount structure. It is the Contractor’s responsibility to provide the City with an up-to-date price list for the duration of the Agreement. 6.1 Prices. All pricing discounts shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and will include all costs of the Contractor providing the materials/service including transportation, insurance and Page 248 of 520 Page 4 of 32 warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. No price modifications will be accepted without proper request by the Contractor and response by the City’s Purchasing Division. 6.2 Price Adjustment. Any requests for reasonable price adjustments must be submitted in accordance with this Section. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment; therefore, Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor’s actual expenses or other reasonable adjustment in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change. During the sixty (60) day period prior to the expiration of the then-current term date of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve (12) month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm ). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. 6.3 Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing as the initial term. If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the Parties. Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in the Subsection 6.2. There is no guarantee the City will accept a price adjustment. 6.4 Invoices. Payment will be made to Contractor following the City’s receipt of a properly completed invoice. Any issues regarding billing or invoicing must be directed to the City Department/Division requesting the service or material from the Contractor. A properly completed invoice should contain, at a minimum, all of the following: a. Contractor name, address, and contact information; b. City billing information; c. City contract number as listed on the first page of the Agreement; d. Invoice number and date; e. Payment terms; f. Date of service or delivery; g. Description of materials or services provided; h. If materials provided, the quantity delivered and pricing of each unit; i. Applicable taxes; and j. Total amount due. 6.5 Payment of Funds. Contractor acknowledges the City may, at its option and where available use a Procurement Card/e-Payables to make payment for orders under the Agreement; otherwise, payment will be through a traditional method of a check or Electronic Funds Transfer (EFT) as available. Page 249 of 520 Page 5 of 32 6.6 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for materials/service not in accordance with the Agreement, the City will notify Contractor in writing of the disallowance; such notice will state the means of correction which may be, but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the disallowance or to require repayment of the disallowed amount by Contractor. Contractor will be provided with the opportunity to respond to the notice. 7. Insurance. 7.1 Contractor must obtain and maintain at its expense throughout the Term of the Agreement, at a minimum, the types and amounts of insurance set forth in this Section 7 from insurance companies authorized to do business in the State of Arizona; the insurance must cover the materials/service to be provided by Contractor under the Agreement. For any insurance required under the Agreement, Contractor will name the City of Mesa, its agents, representatives, officials, volunteers, officers, elected officials, and employees as additional insured, as evidenced by providing either an addit ional insured endorsement or proper insurance policy excerpts. 7.2 Nothing in this Section 7 limits Contractor’s responsibility to the City. The insurance requirements herein are minimum requirements for the Agreement and in no way limit any indemnity promise(s) contained in the Agreement. 7.3 The City does not warrant the minimum limits contained herein are sufficient to protect Contractor and subcontractor(s) from liabilities that might arise out of performance under the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s). Contractor is encouraged to purchase additional insurance as Contractor determines may be necessary. 7.4 Each insurance policy required under the Agreement must be in effect at or prior to the execution of the Agreement and remain in effect for the Term of the Agreement. 7.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of Insurance (using an appropriate “ACORD” or equivalent certificate) signed by the issuer with applicable endorsements. The City reserves the right to request additional copies of any or all of the policies, endorsements, or notices relating thereto required under the Agreement. 7.6 When the City requires a Certificate of Insurance to be furnished, Cont ractor's insurance is primary of all other sources available. When the City is a certificate holder and/or an additional insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect the coverage available without advance written notice to the City. 7.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery (waiver of subrogation) against the City, its agents, representatives, officials, volunteers, officers, elected officials, and emplo yees for any claims arising out of the work of Contractor. 7.8 All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Management Division. 7.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following: 7.9.1 Worker’s compensation insurance in accordance with the provisions of Arizona law. If Contractor operates with no employees, Contractor must provide the City Page 250 of 520 Page 6 of 32 with written proof Contractor has no employees. If employees are hired during the course of this Agreement, Contractor must procure worker’s compensations in accordance with Arizona law. 7.9.2 The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence/$2 million aggregate Commercial General Liability insurance, including Contractual Liability. For Commercial General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement. 7.9.3 Automobile liability, bodily injury and property damage with a limit of $1 million per occurrence including owned, hired and non-owned autos. 8. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements contract; the Agreement does not guarantee any purchases will be made (minimum or maximum). Orders will only be placed when the City identif ies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed within three (3) business days of issuance; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any actual and documented costs incurred by Contractor. The City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of materials, or performance of services. The City reserves the right to purchase contracted items through other sources if determined in the best interests of the City to do so. 9. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor at the address listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth the Mesa Standard Terms and Conditions that are attached to the Agreement as Exhibit C. 10. Representations of Contractor. To the best of Contractor’s knowledge, Contractor agrees that: a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement or with Contractor’s undertaking of the relationship with the City; b. Performance of the services called for by the Agreement do not and will not violate any applicable law, rule, regulation, or any proprietary or other right of any third party; c. Contractor will not use in the performance of Contractor’s responsibilities under the Agreement any proprietary information or trade secret of a former employer of its employees (other than City, if applicable); and d. Contractor has not entered into and will not enter into any agreement, whether oral or written, in conflict with the Agreement. 11. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms and Conditions as modified by the Parties, which are incorporated by reference into the Agreement as though fully set forth herein. In the event of any inconsistency between the terms of the Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will control. The Parties or a Party are referred to as a “party” or “parties” in the Mesa Standard Terms and Conditions. The Term is referred to as the “term” in the Mesa Standard Terms and Conditions. 12. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original and all of which, taken together, will constitute one agreement. A facsimile or other electronically delivered signature to the Page 251 of 520 Page 252 of 520 EXHIBIT A SCOPE OF WORK Page 8 of 32 1. MINIMUM REQUIREMENTS. Contractor must meet the following minimum qualifications: a. A full range of information technology solution products and services to meet varying requirements of governmental agencies. b. Have a strong national presence as a computer solutions provider. c. Have a distribution model capable of delivering products, free of charge, in a timely manner on a nationwide basis. d. Have a demonstrated sales presence. e. Ability to provide a toll-free telephone and state of the art electron ic facsimile and internet ordering and billing capabilities. f. Be able to meet the minimum requirements of the cooperative purchasing program detailed herein. 2. ORDERING. Although the City is open to alternate ordering methods, the primary methods for customers placing orders with the Contractor is through the following: a. Online b. Telephone c. Fax d. Email 3. SCOPE OF PRODUCTS. Contractor will provide the ability to purchase a comprehensive, wide variety of Information Technology Solution Products including , but not limited to, the following categories: a. Personal Computer Systems: National brand name desktop PCs, notebooks and laptops from Enterprise Tier and Middle Tier Contractors that are business related computers, manufactured by companies, such as, Apple, COMPAQ, Dell, Gateway, Hewlett Packard, IBM / Lenovo and Toshiba. b. Standard Business Workstation: These will be used for typical tasks, which will include word processing, spreadsheet analysis, database management, business graphics, statistical analysis, internet, and other office automation activities. Product will include the operating system license, software media and documentation in the hardware shipment. c. High End Workstation: These will be used by application developers using GIS, CASE or other high-level language development tools, Computer Aided Design and Drafting professional, Internet Application developers or other sophisticated application work. Product will include the operating system license, software media and documentation in the hardware shipment. d. Laptop Computer or Notebook: These will be used by traveling or remote access users for typical office automation and business productivity use. With a port replicator or docking station, it may also be used as a standard desktop. Product will include the operating system license, software media and documentation in the hardware shipment. e. Network Equipment: This includes equipment primarily used for communications over an IP network. This includes layer 2 and layer 3 switches, routers, area wireless access points, point-to-point wireless access, optics, media interfaces (i.e. serial, T1, T3, OC3) and fiber channel. Class of equipment should include home office, small and medium business, and enterprise. Contractors may include, but not limited to, Cisco Systems, Dell, Juniper Networks, HP, Extreme Networks, Enterasys Networks, D-Link, Netgear, and Brocade Communications Systems. Page 253 of 520 EXHIBIT A SCOPE OF WORK Page 9 of 32 f. Monitors: These will include plug and play compatible monitors that are manufactured for the above systems and/or any other brand that may be specifically called for by the ordering entity and which meet the most current UL and OSHA requirements. g. Computer and Network Products and Peripherals: Complete availability of major manufacturers Product lines on items such as, but not limited to RAM, graphic accelerator cards, network interface cards, cables, printers, scanners, ke yboards, drives, memory cards, cables, batteries, etc. h. Services: i. Services means such as, consulting, technical support, trade-ins, repair, design, analysis, configuration, implementation, installation, training, and maintenance, etc. In addition, services which are related to the design, use or operation of the Products being purchased such as system configurations, testing, hardware/software installation, upgrades, imaging, etc. as described generally in this Agreement and as more particularly described in a Statement of Work or SOW (meaning a document in electronic or written form that is signed and delivered by each of the Parties for the performance of Services. ii. Cloud Computing means third party cloud computing and storage services, where Contractor acts as a rebiller only and has no control over the delivery of the cloud computing and storage services. City acknowledges that the cloud service provider, and not Contractor, will be responsible for performance of the Cloud Services. Also, before Contractor can sell cloud computing and/or storage services from a third party to the City, City must execute an agreement governing said cloud computing and/or storage services with the third-party cloud services provider. i. Comprehensive Product Offering: Contractor’s catalog and Services set forth in Exhibit B shall be available. The City reserves the right to accept or reject any or all items offered. j. Financing: Options available such as lease programs and conditional sales contracts. 4. LICENSES. The City may be required to sign a separate agreement, rider or End User Licensing Agreement (“EULA”), or such other terms as required by manufacturers, software publisher, or cloud service provider. 5. DEFECTIVE PRODUCT. All defective Products shall be replaced and exchanged by the Contractor. The cost of transportation, re-shipping or other like expenses shall be paid by the Contractor and in the case of certain, special orders, other reasonable charges may be paid by the Contractor as defined in the order or as otherwise agreed to by the Parties. All replacement Products must be received by the City within seven (7) days of initial notification, when such products are in Contractor stock; if replacement Product is not in Contractor’s stock, Contractor will use commercially reasonable efforts to order the product within one (1) business day of the initial notification from the City and will ensure product is received within seven (7) days after Contractor’s receipt of the product. Page 254 of 520 EXHIBIT B PRICING Page 10 of 32 Item # Product Product / Group Discount Manufacturer Name 1) Group 1 - Systems 1) Desktops 2.10% All 2) Notebooks 2.10% All 3) Tablets 2.25% All 4) Servers (1 Processor, 2 Processor, 4+ Processor, Blade, Tower, Unix, Handhelds, etc.) 4.00% All 2) Group 2 - Input Devices 5) Keyboards 6.75% All 6) Mice 6.75% All 7) Imaging Scanners 3.00% All 8) POS Scanners 3.00% All 9) Pointing Devices 3.50% All 10) Bar Code Readers 4.25% All 11) Audio Input 15.00% All 12) Input Adapters 5.00% All 13) PC and Network Cameras 5.50% All 14) Input Cables 15.00% All 15) Input Accessories 6.75% All 3) Group 3 - Output Devices 16) Displays 3.50% All 17) Printers 3.00% All 18) Inkjet Printers 3.00% All 19) Inkjet Photo Printers 3.00% All 20) Laser Printers 3.00% All 21) Label Printers 4.25% All 22) Dot Matrix Printers 3.00% All 23) Multi-Function Printers 3.00% All 24) Wide Format Printers 3.00% All 25) Multi-Function Inkjet Printers 3.00% All 26) Wide Format Printers 3.00% All 27) Fax Machine Printers 3.00% All 28) Printer Accessories 3.00% All 29) Projectors 3.50% All 30) Projector Accessories 3.50% All 31) Audio Input 15.00% All 32) Video Cards 3.50% All Page 255 of 520 EXHIBIT B PRICING Page 11 of 32 33) Sound Cards 3.50% All 34) Output Accessories 6.75% All 35) Printer Consumables 3.00% All 4) Group 4 - Memory 36) Desktop 13.00% All 37) Flash 5.50% All 38) Networking 13.00% All 39) Notebook 13.00% All 40) Printer / Fax 13.00% All 41) Server 13.00% All 5) Group 5 - Storage Devices 42) Adapters Fiber Channel 5.50% All 43) Adapters FireWire / USB 5.50% All 44) Adapters IDE/ATA/SATA 5.50% All 45) Adapters RAID 5.50% All 46) Adapters SCSI 5.50% All 47) Bridges & Routers 5.50% All 48) Disk Arrays 5.50% All 49) Disk Arrays JBOD 5.50% All 50) Drives Magneto-Optical 5.50% All 51) Drives Removable Disks 5.50% All 52) Fiber Channel Switches 5.50% All 53) Hard Disks - External 5.50% All 54) Hard Disks - Fiber Channel 5.50% All 55) Hard Disks - IDE/ATA/S 5.50% All 56) Hard Disks - Notebook 5.50% All 57) Hard Disks - SCSI 5.50% All 58) Networking Accessories 5.50% All 59) Optical Drives - CD-ROM 5.50% All 60) Optical Drives - CD-RW 5.50% All 61) Optical Drives - DVD-CD 5.50% All 62) Optical Drives - DVD-RW 5.50% All 63) Storage Accessories 5.00% All 64) Storage - NAS 5.00% All 65) Storage - SAN 5.00% All 66) Tape Autoloaders -AIT 5.00% All 67) Tape Autoloaders - DAT 5.00% All 68) Tape Autoloaders - DLT 5.00% All 69) Tape Autoloaders - LTO 5.00% All 70) Tape Drives - 4mm 5.00% All Page 256 of 520 EXHIBIT B PRICING Page 12 of 32 71) Tape Drives - 8mm/VXA 5.00% All 72) Tape Drives - AIT 5.00% All 73) Tape Drives - DAT 5.00% All 74) Tape Drives - DLT 5.00% All 75) Tape Drives - LTO/Ultrium 5.00% All 76) Tape Drives SDLT 5.00% All 77) Tape Drives - Travan 5.00% All 6) Group 6 - Network Equipment 78) 10/100 Hubs & Switches 5.50% All 79) Bridges & Routers 5.50% All 80) Gigabit Hubs & Switches 5.50% All 81) Concentrators & Multiplexers 5.50% All 82) Hardware Firewalls 5.50% All 83) Intrusion Detection 5.50% All 84) KVM 4.00% All 85) Modems 5.50% All 86) Network Test Equipment 5.50% All 87) Network Adapters 5.50% All 88) Network Cables 15.00% All 89) Network Accessories 5.50% All 90) Repeaters & Transceivers 5.50% All 91) Wireless LAN Accessories 5.50% All 92) Token Authentication 5.50% All 93) 10G Fiber Optic Transceivers 5.50% All 94) 1G Fiber Optic Transceivers 5.50% All 7) Group 7 - Software 95) Licensing Packages (e.g. Microsoft) 4.00% All 96) Licensing Backup 4.00% All 97) Licensing Barcode/OC 4.00% All 98) Licensing Business Application 4.00% All 99) Licensing CAD/CAM 4.00% All 100) Licensing - Cloning 4.00% All 101) Licensing - Computer Services 4.00% All 102) Licensee - Database 4.00% All 103) Licensing - Development 4.00% All 104) Licensing - Entertainment 4.00% All 105) Licensing - Financial 4.00% All 106) Licensing - Flow Chart 4.00% All 107) Licensing - Graphic Design 4.00% All 108) Licensing - Handheld 4.00% All Page 257 of 520 EXHIBIT B PRICING Page 13 of 32 109) Licensing - Network OS 4.00% All 110) Licensing - OS 4.00% All 111) Licensing - Personal Organization 4.00% All 112) Licensing - Presentation 4.00% All 113) Licensing - Reference 4.00% All 114) Licensing - Report Analysis 4.00% All 115) Licensing - Spreadsheet 4.00% All 116) Licensing - Utilities 4.00% All 117) Licensing - Warranties 4.00% All 118) Licensing - Web Development 4.00% All 119) Licensing - Word Processing 4.00% All 120) Software - Backup 4.00% All 121) Software - Barcode / OCR 4.00% All 122) Software - Business Application 4.00% All 123) Software - CAD/CAM 4.00% All 124) Software - Cloning 4.00% All 125) Software - Computer Services 4.00% All 126) Software - Database 4.00% All 127) Software - Development 4.00% All 128) Software - Entertainment 4.00% All 129) Software - Financial 4.00% All 130) Software - Flow Chart 4.00% All 131) Software - Graphic Design 4.00% All 132) Software - Handheld 4.00% All 133) Software - OS 4.00% All 134) Software - Personal Organization 4.00% All 135) Software - Presentation 4.00% All 136) Software - Reference 4.00% All 137) Software - Report Analysis 4.00% All 138) Software - Spreadsheet 4.00% All 139) Software - Utilities 4.00% All 140) Software - Warranties 4.00% All 141) Software - Web Development 4.00% All 142) Software - Word Processing 4.00% All 8) Group 8 - Media Supplies 143) Media - 4mm tape 5.50% All 144) Media - AIT tape 5.50% All 145) Media - DAT tape 5.50% All 146) Media - DLT tape 5.50% All Page 258 of 520 EXHIBIT B PRICING Page 14 of 32 147) Media LTO / Ultrium tape drive 5.50% All 148) Media - Magneto - Optical 5.50% All 149) Media - Optical 5.50% All 150) Media - SLR tape 5.50% All 151) Media - Travan tape 5.50% All 152) Media - VXA tape 5.50% All 153) Media - zip 5.50% All 9) Group 9 - Collaboration & IP Telephony 154) IP phones 4.25% All 155) Video conferencing products 4.25% All 156) Voice gateways / servers 4.25% All 157) Headsets 4.25% All 158) Audio conferencing products 4.25% All 159) Analog phones 4.25% All 160) Accessories 4.25% All 10) Group 10 - Other 161) Advanced Integration 3.00% All 162) Asset Disposal 3.00% All 163) Asset Management 3.00% All 164) Cables 15.00% All 165) Cables - custom 15.00% All 166) Cables - printer 15.00% All 167) Complex warranties 3.00% All 168) Desktop Accessories 6.75% All 169) Display Accessories 3.50% All 170) Electronic Services 3.00% All 171) Handheld Accessories 6.75% All 172) Imaging Accessories 6.75% All 173) Imaging - Camcorders 3.50% All 174) Imaging - Digital Cameras 3.50% All 175) Internal Lab Service 3.00% All 176) Lab fees 3.00% All 177) Managed Services 3.00% All 178) Miscellaneous solutions 3.00% All 179) Mounting hardware for vehicles 2.50% All 180) Networking Warranties 3.50% All 181) Notebook Accessories 2.50% All 182) Notebook Batteries 5.00% All 183) PC Lab order services 3.00% All 184) POS Accessories 4.25% All Page 259 of 520 EXHIBIT B PRICING Page 15 of 32 185) POS Displays 4.25% All 186) Power Accessories 5.00% All 187) Power Surge Protection 5.00% All 188) Power UPS 5.00% All 189) Server Accessories 4.00% All 190) Service Charge 2.00% All 191) System Components 13.00% All 192) Training Courses 3.00% All 193) Training Reference Manuals 3.00% All 194) Warranties - Electronic 3.00% All 195) iPAD / Tablet Stylus 6.75% All 196) Mouse / Wrist Pads 6.75% All 197) Security Locks and Hardware 6.75% All 198) Tools 6.75% All 199) Document Scanner Accessories 3.00% All 200) Flatbed Scanners 3.00% All 201) Mobile Scanners 3.00% All 202) Network Scanners 3.00% All 203) Sheet fed Scanners 3.00% All 204) Wide Format Scanners 3.00% All 205) Workgroup / Department Scanner 3.00% All 206) Build to Order Desktops 2.10% All 207) Nettop 3.00% All 208) Point of Sale 4.25% All 209) Ultra Small Form Factor 2.10% All 210) Apple / Mac Memory Upgrades 13.00% All 211) Chips / SIMMs/SIPPs / ROMs 13.00% All 212) Computer Cases 13.00% All 213) CPUs / Fans 13.00% All 214) Memory Accessories 13.00% All 215) Motherboards / Chassis 13.00% All 216) 1 - 2 port Serial Boards 13.00% All 217) 3+ port Serial Boards 13.00% All 218) Console Server 4.00% All 219) Device Server 4.00% All 220) Terminal Server 4.00% All 221) Content Management 4.00% All 222) Firewall / VPN Appliances 5.50% All Page 260 of 520 EXHIBIT B PRICING Page 16 of 32 223) Multifunction Security Appliances 5.50% All 224) Network Camera Accessories 5.50% All 225) Network Cameras 5.50% All 226) Physical/Environmental Security 5.50% All 227) Security Appliance Accessories 5.50% All 228) Security Tokens 5.50% All 229) Unified Threat Management 5.50% All 230) 2-way Radios / Walkie Talkies 6.75% All 231) Apple Notebooks 2.50% All 232) Convertible PCs / Slate PCs / iPAD 2.25% All 233) iPAD 2.25% All 234) Slate Tablet Computers 2.25% All 235) GPS / PDA 6.75% All 236) Wireless Communication Devices 2.50% All 237) Batteries 5.00% All 238) Power Supplies / Adapters 5.00% All 239) Rackmountain Equipment 5.00% All 240) Remote Power Management 5.00% All 241) Surge Suppressors 5.00% All 242) UPS / Battery Backup 5.00% All 243) 14" & smaller LCD Display 3.50% All 244) 15-19" LCD Display 3.50% All 245) 15-19" Wide LCD Display 3.50% All 246) 15-19" Wide LED Display 3.50% All 247) 20-30" LCD Display 3.50% All 248) 20-30" Wide LCD Display 3.50% All 249) 20-30" Wide LED Display 3.50% All 250) PCoIP and Zero Client Displays 3.50% All 251) Arm Mounts 3.50% All 252) Ceiling Mounts 3.50% All 253) Combo Mounts 3.50% All 254) Desktop Stands / Risers 3.50% All 255) Flat Wall Mounts 3.50% All 256) Mount Accessories 3.50% All 257) Pole Display 4.25% All 258) Stands / Carts / Feet 3.50% All 259) Tilt Wall Mounts 3.50% All Page 261 of 520 Page 262 of 520 EXHIBIT B PRICING Page 18 of 32 Windows Based Terminals 3.00% Data Storage / Drives 5.50% Enterprise Storage 5.00% Point of Sale/Data Capture 4.25% Servers & Server Management 4.00% Services (CDW Delivered) 0.00% Notebook/Mobile Devices 2.50% Notebook Computers 2.10% Notebook Accessories 2.50% Wireless Communication Devices 2.50% Convertible PCs/Slate PCs/iPAD 2.25% Chromebooks 0.00% Netcomm Products 5.50% Gigabit Switch 6.00% Modular Switch Chassis 6.00% Modular Switches 5.50% Carts and Furniture 5.00% Printing & Document Scanning 3.00% Services (3rd Party Delivered) 0.00% Warranties-Product Protection 3.50% Software 4.00% Collaboration Hardware 4.25% Memory/System Components 13.00% Video-Projection-Pro Audio 3.50% Cables 15.00% CDW Configuration Services 5.00% Apple Products for Eligible Entities .50% CDW•G will work with Manufacturers and the City or Participating Agencies, as applicable, post award to ensure they are aware of and participating in special manufacturer programs. CDW•G Account Managers will work with the City or Participating Agencies, as applicable, post award to determine if large orders qualify to receive additional discounts. These discounts are dependent on order size, delivery schedule and will be negotiated with Manufacturers. As Apple's largest Corporate Channel Partner in the U.S., CDW•G has negotiated to offer Apple Products to Eligible Government and Educational Entities at the discount listed above and in the pricing table in this Exhibit B. Page 263 of 520 Page 264 of 520 Page 265 of 520 Page 266 of 520 Page 267 of 520 Page 268 of 520 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 24 of 32 1. INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. 2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization t o subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. 3. ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. 4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. 5. NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. 6. NON-EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. 7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. 8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. 9. COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adop ted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Page 269 of 520 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 25 of 32 Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verif y such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. i. As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter “Contractor Immigration Warranty”). ii. A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. iii. The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. iv. The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. v. Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or s ubcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214 (A). d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants t hat it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in violation of section 6(j) of the Federal Export Administration Act and subsequently prohibited by the State of Arizona from selling goods of services to the City. 10. SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including fed eral, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. Page 270 of 520 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 26 of 32 b. The City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request. The City is not exempt from state and local sales/use taxes. 11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of Services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. 12. PUBLIC RECORDS. Contractor acknowledges that the City is a public entity, subject to Arizona’s public records laws (A.R.S. § 39-121 et. seq.) and that any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial process. a. If Contractor believes document related to the Agreement contains trade secrets or other proprietary data, Contractor must notify the City and include with the notification a statement that explains and supports Contractor’s claim. Contractor also must specifically identify the trade secrets or other proprietary data that Contractor believes should remain confidential. b. In the event the City determines it is legally required to disclose pursuant to law any documents or information Contractor deems confidential trade secrets or proprietary data, the City, to the extent possible, will provide Contractor with prompt written notice by certified mail, fax, email or other method that tracks delivery status of the requirement to disclose the information so Contractor may seek a protective order from a court having jurisdiction over the matter or obtain other appropriate remedies. The notice will include a time period for Contractor to seek court ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor does not obtain such court ordered protection by the expiration of said time period, the City may release the information without further notice to Contractor. 13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six (6) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addit ion, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. Notwithstanding the foregoing, any Agreement audits must be pursuant to a signed Confidentiality Agreement agreed to by both parties which will be subject to applicable law, including the Arizona Public Records law. Contractor is not required to keep original documents and copies of relevant documents will suffice for the purposes of this provision. The audit must be conducted during regular busin ess hours at a mutually agreeable time and location, and upon reasonable advanced notice of records to be audited. 14. BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. 15. SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. 16. DEFAULT. a. A party will be in default if that party: Page 271 of 520 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 27 of 32 i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; iii. Conducts business in an unethical manner as set forth in the City Procurement Rules Article 7 or in an illegal manner; or iv. Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Article 6 of the City’s Procurement Rules. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. 17. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the t ermination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense o f Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection aga inst the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rig hts at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. 18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. 19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. 20. TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511). Pursuant to A.R.S. § 38-511, the City may cancel this Agreement within three (3) years after its execution, without penalty or Page 272 of 520 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 28 of 32 further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. 21. TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide writt en notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. 22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. 23. NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. 24. INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or j udgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) misconduct by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with this Agreement. However, notwithstanding the prior sentence, any claim shall not be an indemnified claim if such claim or damage was caused in whole by the actions of the City, its employees, agents, contractors or representatives. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor -provided supplies or Services. d. IN THE EVENT OF ANY LIABILITY INCURRED BY CONTRACTOR OR ANY OF ITS AFFILIATES HEREUNDER, INCLUDING INDEMNIFICATION OF CITY BY CONTRACTOR, THE ENTIRE LIABILITY OF CONTRACTOR AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED $5,000,000.00 OVER THE ENTIRE TERM OF THE AGREEMENT. 25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements of Exhibit A. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner, as stated below. a. Manufacturer’s Warranty. The City understands that the Contractor is not the manufacturer of the products purchased by the City hereunder and the only materials (product) warranties offered are those of the manufacturer, not the Contractor or its affiliates unless the manufacturer is the Contractor or its affiliates. THE CONTRACTOR AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, Page 273 of 520 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 29 of 32 RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURER'S WARRANTY. b. Services Warranty. City's sole and exclusive remedy with respect to a warranty on the Services provided by Contractor will be, at the sole option of Contractor, to either: (a) use its reasonable commercial efforts to reperform any services not in substantial compliance with this warranty, or (b) refund amounts paid by City related to the portion of the services not in substantial compliance; provided, in each case, City notifies Contractor in writing within five (5) business days after performance of the applicable Services. City shall be solely responsible for daily back-up and other protection of its data and software against loss, damage or corruption during the performance of services and for any necessary reconstruction thereof. c. Third Party Services Warranty. In connection with the products (materials), certain services, such as extended warranty service by manufacturers, are sold by the Contractor as a distributor or sales agent ("Third Party Services"). In the case of Third Party Services, the third party will be the party responsible for providing th e services to the City and the City will look to the third party for any loss, claims or damages arising from or related to the provision of such Third- Party Services. Any amounts, including, but not limited to, taxes, associated with Third Party Services which may be collected by the Contractor will be collected solely in the capacity as an independent sales agent. 26. THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties f or any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. 27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requireme nts, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. 28. OWNERSHIP. a. Except as it pertains to the Work Product in Subsection (b) below, all deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. b. City's rights to Work Product (meaning deliverables to be provided or created individually or jointly in connection with the services, not materials, provided by Contractor, including but not limited to, all inventions, discoveries, methods, processes, formulae, ideas, concepts, techniques, know-how, data, designs, models, prototypes, works of authorship, computer programs, proprietary tools, methods of analysis and other information, whether or not capable of protection by patent, copyright, trade secret, confidentiality, or other proprietary rights, or discovered in the course of performance of this Agreement that are embodied in such work or materials) will be, upon payment in full, a non-transferable, non-exclusive, royalty-free license to use such Work Product solely for City's internal use. City obtains no ownership or other property rights thereto. City agrees that Contractor may incorporate intellectual property created by third parties into the Work Product and that City’s right to use such Work Prod uct may be subject to the rights of, and limited by agreements with, such third parties Page 274 of 520 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 30 of 32 29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity without obtaining the prior written consent of the City. 30. PROHIBITED ACTS. Pursuant to A.R.S. § 38-504, a current or former public officer or employee within the last twelve (12) months shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and persona lly participated in during their service or employment or over which they had a substantial or material administrative discretion. Further, while employed by the City and for two (2) years thereafter, public officers or employees are prohibited from disclosing or using, without appropriate authorization, any confidential information acquired by such personnel in the course of his or her official duties at the City. 31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. 32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of Contractor’s goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. 33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. 34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. 35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right (collectively “Claim”) and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any Claim, or pay any settlement of such Claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its sole option and its expense and without limitation, either: (a) modify the item so that it becomes non -infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years based on a five (5) year straight line amortized basis. The forgoing provisions in this Section state the entire liability of Contractor and the sole and exclusive remedy of the City with respect to any Claim. Contractor shall have no liability or obligation to the City to the extent any Claim is based upon: (i) any combination of anything provided by Contractor with other software, hardware or other materials not authorized by Contractor or manufacturer; or (ii) any addition to, or modification of, anything provided by Contractor made after delivery to the City by any person other than Contractor . 36. CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). 37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose Page 275 of 520 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 31 of 32 performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyo nd one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. 38. COOPERATIVE USE OF CONTRACT. This contract is available through National IPA to agencies nationwide. The City has also entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies through National IPA or SAVE in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct. Additionally, Contractor will comply with the governing body’s fingerprinting policy of each individual school district and public entity. Contractor, subcontractors, vendors and their employees will not provide services on school district properties until authorized by the school district. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. The City is not a party to any agreements between the Contractor and National IPA, National IPA and other agencies, the Contractor and other agencies, or any third-party contracts in any way related to this Agreement or the cooperative use of this Agreement. 39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. 40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via email or facsimile. If provided by personal delivery, receipt will be deemed effective upon deliver y. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier, email or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. 41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona. The exclusive forum selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Maricopa County, Arizona. 42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. Page 276 of 520 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Page 32 of 32 43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. 44. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. 45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. 46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to Arizona Revised Statutes Sections 1-501 and 1- 502, any person who applies to the City for a local public benefit (the definition of which includes a grant, contract or loan) must demonstrate his or her lawful presence in the United States. As the Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship, Contractor agrees to sign and submit the necessary documentation to prove compliance with the statutes as applicable. Page 277 of 520 Page 278 of 520 Page 279 of 520 Page 280 of 520 Page 281 of 520 Page 282 of 520 CONTRACT AMENDMENT Rev. July 2017 Contract Title:Information Technology Solutions Contract Number:2018011 MA Number:19000009 Amendment Number:Two (2) Description of Change: Contract renewal. Term of contract March 1, 2023 through February 28, 2025. Effective Date of Change: March 1, 2023 Acceptance: On behalf of the undersigned Contractor, I have given careful consideration to this Contract Amendment and hereby agree to the change(s) and except that as amended herein, all provisions of the Contract remain in full force and effect. CDW Government LLC: City of Mesa: Signature Signature Printed Name City Manager Designee ______________________________________ Date Date Reviewed by: Ted Stallings, Procurement Officer II 5REHUW).LUE\3UHVLGHQW Signature 05/25/2022 Ted Stallings,Procu Digitally signed by Edward Quedens DN: cn=Edward Quedens, o=Ctiy of Mesa, Arizona, ou=Business Services, email=ed.quedens@mesaaz.gov, c=US Date: 2022.05.26 06:07:49 -07'00' Adobe Acrobat version: 2022.001.20117 Page 283 of 520 Page 284 of 520 5/29/24 08:52 MST 5/29/24 09:04 MST 5/29/24 09:23 MST Page 285 of 520 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.26.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGBACK ONTO THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE (NIPA) TECHNICAL SOLUTIONS CONTRACT #2018011 WITH CDWG LLC TO PURCHASE ENTERPRISE STORAGE SYSTEM HARDWARE, SOFTWARE, AND RELATED SERVICES FOR AN AMOUNT NOT- TO-EXCEED $314,101.94. WHEREAS, the Enterprise Storage System (ESS) storage array repositories host application server platforms running the City’s essential information systems applications (email, financials, intranet, city records management, permitting, GIS, law enforcement records management and report writing, legal case management, computer aided dispatch, etc.), is approaching end of life and needs to be upgraded; and WHEREAS, the City of National City has an opportunity to piggyback onto the NIPA contract #2018011 with CDWG LLC to procure ESS information technology hardware, software and related services; and WHEREAS, Section 2.26.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City’s procurement procedures, and such a determination has been made in this case, therefore, it is recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code; and WHEREAS, National City’s Purchasing staff has confirmed that NIPA contract #218011 with CDWG LLC was competitively bid through a Request for Proposals (RFP) process, and that the NIPA procurement procedures are in substantial compliance with those of National City; and WHEREAS, the City desires to purchase Enterprise Storage System, hardware, software and related services from CDWG LLC per quote attached to the Agenda Report as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: That the City Council hereby authorizes waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto NIPA contract #2018011 with CDWG LLC for the purchase of Enterprise Storage System, hardware, software and related services in a not-to- exceed amount of $314,101.94. Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Page 286 of 520 PASSED and ADOPTED this 15th day of October, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 287 of 520 AGENDA REPORT Department: Engineering and Public Works Prepared by: Tirza Gonzales, Operations Manager Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: First Amendment to the Agreement with Neri Landscape Architecture for On-Call Consulting Services for the City’s Capital Improvement Program (CIP) RECOMMENDATION: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a First Amendment to the Agreement with Neri Landscape Architecture to Extend the Agreement by One-Year to September 6, 2025.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services, housing and real estate development services, and environmental compliance services on May 1, 2019. The RFQ was advertised on the City’s website, published in the San Diego Union Tribune, e- mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified. Additionally, the City hosted an Information Session regarding the RFQ process on May 14, 2019 at the MLK Jr. Community Center to encourage local participation, which was attended by over 100 people. The Department received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 deadline. On September 7, 2021, City Council adopted Resolution No. 2021-119 approving an Agreement with Neri Landscape Architecture to provide on-call support services for National City’s Capital Improvement Program (CIP), including but not limited to, landscape architecture (including urban planning and design) based on the strength of their SOQ, interview, and past performance. The original Agreement was for a not-to-exceed amount of $2,000,000 and a term of three years, with the option to extend for two one-year extensions. Based on the consultant’s performance and quality of work, increased staffing demands, and to ensure timely completion of capital projects, staff recommends executing a First Amendment to extend the Agreement with Neri Landscape Architecture by one year to September 6, 2025 with no change to the amount of the agreement. As of September 2024, expenditures and encumbrances under the agreement total $652,084. Page 288 of 520 FINANCIAL STATEMENT: Funding appropriated through CIP process. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Not Applicable ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065. PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – First Amendment Exhibit B – Resolution Page 289 of 520 Page 290 of 520 Page 291 of 520 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH NERI LANDSCAPE ARCHITECTURE TO EXTEND THE AGREEMENT BY ONE-YEAR TO SEPTEMBER 6, 2025. WHEREAS, the Engineering & Public Works Department advertised a Request for Qualifications (“RFQ”) for various engineering, architectural and construction support services, housing and real estate development services, and environmental compliance services on May 1, 2019; and WHEREAS, on September 7, 2021, the City of National City (“City”) entered into an agreement (the “Agreement”) with Neri Landscape Architecture to provide on-call support services for the City’s Capital Improvement Program (“CIP”) including, but not limited to, landscape architecture (including urban planning and design) for a not-to-exceed amount of $2,000,000, with an initial term of three (3) years, with the option to extend for up to two (2) one- year extensions; and WHEREAS, based on their performance and quality of work, expiring Agreement, increased staffing demands, and to ensure timely completion of CIPs, staff recommends approval of a First Amendment to extend the Agreement with Neri Landscape Architecture by one (1) year to September 6, 2025. 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 a First Amendment to the agreement with Neri Landscape Architecture to extend the agreement by one year to September 6, 2025. 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 15th day of October, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 292 of 520 AGENDA REPORT Department: Community Development Prepared by: Angelita Palma, Housing Manager Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: First Amendment to the Housing Consultant Agreement with Keyser Marston Associates, Inc. RECOMMENDATION: Adopt the Resolution Entitled, "Resolution of the Board of the Community Development Commission-Housing Authority of the City of National City, California, Authorizing the Executive Director to Execute the First Amendment to the Consultant Agreement with Keyser Marston Associates, Inc. to Increase the Not-To-Exceed to $455,000, and Authorize the Establishment of an Appropriation in the Amount of $425,000 in the Housing Authority Fund with a Corresponding Revenue Budget Based on Housing Acceleration Program (“HAP”) 2.0 Grant Funds.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: City Council Resolution 2023-111 CDC Resolution 2024-93 EXPLANATION: Background | The Community Development Commission-Housing Authority of the City of National City (“CDC-HA”) released a request for qualifications (“RFQ”) for on-call consulting services related to affordable and market-rate housing developments, transaction structuring, financing sources, and policy development and evaluation on May 2, 2024. The CDC-HA received four responses, each specializing in different disciplines. The RFQs were evaluated, and CDC- HA entered into a consultant agreement (“Agreement”) with Keyser Marston Associates, Inc. (KMA) for a not-to-exceed amount of $100,000 on June 18, 2024 through CDC Resolution 2024- 93. Thirty-thousand dollars ($30,000) of the agreement was expended on housing consultant services. HAP 2.0 Grant Funds | On August 3, 2023, staff submitted the Housing Acceleration Program 2.0 (“HAP 2.0”) grant application to SANDAG to conduct site assessments on City-owned land for homeownership development (“Project”). A Notice of Intent to Award by SANDAG was provided to the City of National City (“City”) in late 2023. Due to the proposed fiscal year 2024- 2025 California State Budget reductions, a letter from SANDAG executive staff on 2/14/2024 notified the City that there may be a reduction in the HAP 2.0 grant funding and that the program was paused until further notice. In July 2024, SANDAG notified the City that it would receive the full grant award of $450,000, $25,000 of which to cover staff costs. A Notice to Proceed with the use of grant funds was provided in August 2024. The grant funds were previously accepted through City Council Resolution 2023-111. KMA Amendment No. 1 | The proposed First Amendment to the KMA Agreement covers the cost of the increased scope of services from the original contract amount of $100,000, of which Page 293 of 520 $30,000 was expended by adding the HAP 2.0 grant funding of $425,000 to a new total not-to- exceed amount of $455,000. KMA’s proposed scope of services for the grant funds includes a homeownership program assessment, individual site assessments, market assessments, and feasibility analyses. The HAP 2.0 Project will ultimately function as a tool to help prepare and release a Request for Proposals for homeownership development on City-owned property collectively known as “Own National City.” Pending City Council approval, the results of the study will be released early next year. FINANCIAL STATEMENT: The First Amendment will increase the agreement with KMA by $425,000 based on the HAP 2.0 grant. Budget adjustments will be made in the Housing Authority Fund as follows: Revenue account: 501-50-51-51600-3463- Other State Grants: $425,000 Expenditure account: 501-50-51-51600-7213- Professional Services: $425,000 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 – KMA Agreement Amendment No. 1 Exhibit B - Resolution Page 294 of 520 Page 295 of 520 Page 296 of 520 RESOLUTION NO. 2024- RESOLUTION OF THE BOARD OF THE COMMUNITY DEVELOPMENT COMMISSION- HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE FIRST AMENDMENT TO THE CONSULTANT AGREEMENT WITH KEYSER MARSTON ASSOCIATES, INC. TO INCREASE THE NOT-TO-EXCEED TO $455,000 AND AUTHORIZE THE ESTABLISHMENT OF AN APPROPRIATION IN THE AMOUNT OF $425,000 IN THE HOUSING AUTHORITY FUND WITH A CORRESPONDING REVENUE BUDGET BASED ON HOUSING ACCELERATION PROGRAM (“HAP”) 2.0 GRANT FUNDS WHEREAS, the Community Development Commission-Housing Authority of the City of National City (CDC-HA) released a request for qualifications (RFQ) for on-call consulting services related to affordable and market-rate housing developments, transaction structuring, financing sources, and policy development and evaluation on May 2, 2024; and WHEREAS, staff identified Keyser Marston Associates, Inc. (KMA), a multi-disciplined real estate and economic consulting firm, as qualified by experience and ability to perform the services listed in the RFQ; and WHEREAS, the CDC-HA entered into a consultant agreement (“Agreement”) with KMA on June 18, 2024 through CDC Resolution 2024-93 for a not-to-exceed amount of $100,000; and WHEREAS, the City received the full HAP 2.0 grant award of $450,000, $25,000 of which cover staff costs; and WHEREAS, the CDC-HA desires to amend the KMA Agreement to increase the not-to- exceed amount of the existing Agreement to $455,000 due to acceptance of the HAP 2.0 grant funding. NOW, THEREFORE, THE BOARD OF THE COMMUNITY DEVELOPMENT COMMISSION–HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: The CDC-HA hereby authorizes the Executive Director or his designee to execute the First Amendment to the Agreement with Keyser Marston Associates, Inc., to increase the not-to-exceed amount to $455,000, and authorize the establishment of an appropriation in the amount of $425,000 in the Housing Authority Fund with a corresponding revenue budget based on HAP 2.0 grant funds. Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution. PASSED and ADOPTED this 15th day of October, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 297 of 520 AGENDA REPORT Department: Housing Authority Prepared by: Angelita Palma, Housing Manager Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Kimball Highland Project Public Access Easement for Pedestrian and Vehicular Access RECOMMENDATION: Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute a Public Access Easement for Pedestrian and Vehicular Access Agreement by and Between the City of National City, D Avenue Housing Associates, L.P., and Kimball Tower Housing Associates L.P.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Introduction The Kimball Highland Master Plan Project (“Project”) consists of 145 units of affordable housing and a new Kimball Senior Center, San Ysidro Health PACE Center and Health Clinic. This Project is intended to provide walkability and improve connectivity for the entire community to Kimball Park, adjacent neighborhoods, commercial spaces, and the public transportation corridor along Highland Avenue accessing businesses and restaurants. A public paseo for pedestrians and vehicles was included in the Project in the form of a public access easement to provide better pedestrian and vehicular access to “E” Street, the new San Ysidro Health Clinic at the east end of Kimball Way, Kimball Park, new Kimball Senior Center and other neighborhood amenities. The Public Access Easement for Pedestrian and Vehicular Access Agreement (Exhibit “A”) describes the section of land and parties involved. Agreement D Avenue Housing Associates, L.P. (“D Avenue Housing”) and Kimball Tower Housing Associates, L.P. (“Kimball Housing”) propose to grant to the City of National City (“City”) a non- exclusive easement for the purpose of pedestrian and vehicular ingress to, egress from, and access thereto and other incidental uses over the portion of the property as described in Public Access Easement For Pedestrian and Vehicular Access Agreement (“Agreement”) Exhibits “C” and “D,” respectively (collectively, the “Easement”). This Easement will begin upon a fully executed Agreement and run-in perpetuity unless terminated by D Avenue Housing, Kimball Housing, and City in writing. D Avenue Housing desires to offer to City a dedication of a non-exclusive public easement for pedestrian and vehicular access and other incidental uses in the strip of land sketch shown in the Agreement Exhibit “C.” Page 298 of 520 Kimball Housing desires to offer to City a dedication of a non-exclusive public easement for pedestrian and vehicular access and other incidental uses in the strip of land sketch shown in the Agreement Exhibit “D.” D Avenue Housing will maintain, at D Avenue Housing’s expense, the Easement. D Avenue Housing shall be responsible for the maintenance of the sidewalk, any planting, railing, lighting installations, or other types of roadside development for the benefit of or control of pedestrian and vehicular traffic, such as guide and regulatory signs, and removal of graffiti and debris. Background D Avenue Housing is the owner of a leasehold interest in certain real property more described in the Agreement Exhibit “A.” The Community Development Commission–Housing Authority of the City of National City (“CDC-HA”) is the owner of the fee interest in the land underlying the D Avenue Housing Property. Kimball Housing is the owner of a leasehold interest of certain real property described in the Agreement Exhibit “B”. CDC-HA is the owner of the fee interest in the land underlying the Kimball Housing Property. FINANCIAL STATEMENT: There is no fiscal impact associated with this agenda item. 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: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Agreement Exhibit B – Resolution Page 299 of 520 RECORDED REQUESTED BY: City of National City 1243 National City Boulevard National City, CA 91950 Attention: City Manager AND WHEN RECORDED, RETURN TO: City of National City 1243 National City Boulevard National City, CA 91950 Attention: City Manager APN: [560-410-05 & 06] PUBLIC ACCESS EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS THIS PUBLIC ACCESS EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS (this "Easement") is made this __ day of ______ , 2024 ("Effective Date"), by and among THE CITY OF NATIONAL CITY ("City"), D Avenue Housing Associates, L.P., a California limited partnership ("D Avenue Housing"), and Kimball Tower Housing Associates, L.P., a California limited partnership ("Kimball Housing") WITNESS ETH: WHEREAS, D A venue Housing is the owner of a leasehold interest of certain real property more particularly described on Exhibit A attached hereto ("D Avenue Housing Property"). Community Development Commission-Housing Authority of the City of National City ("CDC HA") is the owner of the fee interest in the land underlying the D Avenue Housing Property. WHEREAS, Kimball Housing is the owner of a leasehold interest of certain real prope1iy more patiicularly described on Exhibit B attached hereto ("Kimball Housing Property"). CDC HA is the owner of the fee interest in the land underlying the Kimbal Housing Property. WHEREAS, D A venue Housing desires to offer to City a dedication of a non-exclusive public easement for pedestrian and vehicular access and other incidental uses upon the following described property: The strip of land as shown on the sketch "PEDESTRIAN AND VEHICULAR ACCESS EASEMENT" attached hereto as Exhibit C and made a part hereof. Page 300 of 520 Page 301 of 520 Page 302 of 520 Page 303 of 520 Page 304 of 520 Page 305 of 520 Page 306 of 520 Page 307 of 520 Page 308 of 520 Page 309 of 520 Page 310 of 520 EXHIBIT A Page 311 of 520 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, City of National City and described as follows: Lot 6 of Center City Project, in the City of National City, County of San Diego, State of California, according to Map thereof No. 8807, filed in the Office of the County Recorder of San Diego County, February 24, 1978. APN: 560-410-06-00 APN: 560-410-06-00 (End of Legal Description) THE MAP ATTACHED THROUGH THE HYPERLINK ABOVE IS BEING PROVIDED AS A COURTESY AND FOR INFORMATION PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON. FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. THERE WILL BE NO LIABILITY, RESPONSIBILITY OR INDEMNIFICATION RELATED TO ANY MATTERS CONCERNING THE CONTENTS OR ACCURACY OF THE MAP. Page 312 of 520 EXHIBIT B Page 313 of 520 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego and described as follows: Lot 2 of Center City Project, in the City of National City, County of San Diego, State of California, according to Map thereof No. 8807, filed in the Office of the County Recorder of San Diego County, February 24, 1978. APN: 560-410-05-00 (End of Legal Description) THE MAP ATTACHED THROUGH THE HYPERLINK ABOVE IS BEING PROVIDED AS A COURTESY AND FOR INFORMATION PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON. FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. THERE WILL BE NO LIABILITY, RESPONSIBILITY OR INDEMNIFICATION RELATED TO ANY MATTERS CONCERNING THE CONTENTS OR ACCURACY OF THE MAP. Page 314 of 520 Page 315 of 520 Page 316 of 520 Page 317 of 520 Page 318 of 520 Page 319 of 520 Page 320 of 520 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC ACCESS EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY, D AVENUE HOUSING ASSOCIATES, L.P., AND KIMBALL TOWER HOUSING ASSOCIATES, L.P. WHEREAS, the Kimball Highland Master Plan Project (“Project”) consists of 145 units of affordable housing and a new Kimball Senior Center, San Ysidro Health PACE Center and Health Clinic; and WHEREAS, the Project is intended to provide walkability and improve connectivity for the entire community to Kimball Park, adjacent neighborhoods, commercial spaces, and the public transportation corridor along Highland Avenue accessing businesses and restaurants; and WHEREAS, a public paseo for pedestrians and vehicles was included in the Project in the form of a public access easement; and WHEREAS, the Public Access Easement for Pedestrian and Vehicular Access Agreement describes the section of land and parties involved; and WHEREAS, D Avenue Housing Associates, L.P. (“D Avenue Housing”) is the owner of a leasehold interest of certain real property located at APN: 560-410-06-00 known as “D Avenue Housing Property,” which the Community Development Commission-Housing Authority of the City of National City (“CDC-HA”) is the owner of the fee interest in the underlying land; and WHEREAS, Kimball Tower Housing Associates, L.P. (“Kimball Housing”) is the owner of a leasehold interest of certain real property located at APN: 560-410-05-00 known as “Kimball Housing Property,” which the CDC-HA is the owner of the fee interest in the underlying land; and WHEREAS, D Avenue Housing and Kimball Housing desires to offer to the City of National City (“City”) a dedication of a non-exclusive public easement for pedestrian and vehicular access and other incidental uses, as set forth in Exhibit A of the Public Access Easement for Pedestrian and Vehicular Access Agreement (“Agreement”); and WHEREAS, the Easement will begin when the Agreement is fully executed and recorded; and WHEREAS, the Agreement will remain in perpetuity unless terminated by D Avenue Housing, Kimball Housing, and City in writing; and WHEREAS, D Avenue Housing will be responsible for maintaining the sidewalk, any planting, railing, lighting installations, or other types of roadside development for the benefit of or control of pedestrian and vehicular traffic; and WHEREAS, there is no financial impact on the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Page 321 of 520 Section 1: The City Council hereby authorizes the City Manager or his designee to execute the Public Access Easement for Pedestrian and Vehicular Access Agreement by and between the City of National City, D Avenue Housing Associates, and Kimball Tower Housing Associates, attached to the Agenda Report as Exhibit A. Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution. PASSED and ADOPTED this 15th day of October, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 322 of 520 AGENDA REPORT Department: Housing Authority Prepared by: Angelita Palma, Community Development Housing Manager Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Kimball Senior Center Lease with D Avenue Housing Associates, L.P. RECOMMENDATION: Adopt the Resolution Entitled, "Resolution of the City of National City, California, Authorizing the City Manager to Execute a Commercial Lease By and Between the City of National City (“Tenant”) and D Avenue Housing Associates, a California Limited Partnership (“Landlord”) for the Kimball Senior Center Facility for 65 Years at a Rent Equal to $1.00 Per Year.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable EXPLANATION: Background A Disposition and Development Agreement (“DDA”) by and among the Community Development Commission–Housing Authority of the City of National City (“CDC-HA”) and Community HousingWorks (D Avenue Housing Associates, L.P.) for the Kimball Highland Master Plan was executed on October 20, 2020, per Resolution 2020-77. Phase two of the DDA included the construction of a fully furnished and equipped turnkey operational Senior Center to be used by the City. Terms of the Lease The “Senior Center Lease” is defined as a commercial lease by and between the “Landlord” (D Avenue Housing Associates, L.P.) and “Tenant” (City) relating to the new Kimball Senior Center. The Kimball Senior Center will have a triple net lease for a term of 65 years at a rent equal to $1.00 per year. This “Triple Net Lease” requires the Tenant to pay its own utilities, janitorial, trash removal, repairs, maintenance, and other operating expenses directly relating to the use of the premises in addition to rent. The Tenant will not be required to pay any security deposit to the Landlord. The Landlord will repair and maintain the common areas and sidewalks. Common areas are defined as all areas, space, equipment, and special services provided by Landlord within the ground floor of the Building for the common or joint use and benefit of the tenants, their employees, agents, servants, suppliers, customers, and other invitees, including, by way of illustration, but not limitation, landscaped areas, curbs, sidewalks, restrooms, lobbies, floor corridor hallways, patios, parking facilities, plenums above the ceiling on all floors and all other areas outside the Building. Page 323 of 520 Description of the New Kimball Senior Center Approximately 7,700 square foot space located on the first floor of the attached affordable housing project constructed by D Avenue Housing Associates, L.P., including a large community room, restrooms, kitchen, reception area, offices, classrooms, mailbox, trash enclosure, and storage space. A total of 19 designated parking spaces are provided, including 4 staff parking spaces, 3 ADA-compliant parking spaces, 16 visitor parking spaces, and 1 drop-off area. The Kimball Senior Center will be used to provide senior services and for education, exercise, and wellness-related uses for seniors. FINANCIAL STATEMENT: The City of National City will lease the Senior Center facility at a rate of $1.00 per year for 65 years. 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: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A - Agreement Exhibit B - Resolution Page 324 of 520 Senior Center 1221 D Avenue National City, CA 91950 LEASE THIS LEASE (“Lease”) is dated as of the _____ day of October, 2024, by and between D AVENUE HOUSING ASSOCIATES, L.P., a California limited partnership (“Landlord”), and THE CITY OF NATIONAL CITY (“Tenant”). 1.Definitions. “Building” means the building commonly known as the Kimball Highland West at 1221 D Avenue, National City, California. “Building Rules and Regulations” means the rules and regulations which may hereafter be adopted by Landlord for the care, protection, cleanliness, and operation of the Premises, Building, Building and Common Areas, and any reasonable modifications or additions to such rules and regulations adopted by Landlord so long as the same does not negatively impact the Building or Premises or Tenant’s use, occupancy and enjoyment thereof or Tenant’s rights under this Lease. Notwithstanding the foregoing, Landlord and Tenant agree that the terms and conditions of this Lease shall control the rights and responsibilities of the parties and shall supersede any and all provisions of the Building Rules and Regulations which may now or in the future conflict with the terms and conditions of this Lease. Landlord shall not be responsible to Tenant for failure of any other tenant or occupant of the Building to observe or comply with any of the Building Rules and Regulations. The term “Building Rules and Regulations” shall be deemed to include the rules and regulations set forth in Exhibit B hereto and any and all reasonable amendments made by Landlord to the Building Rules and Regulations after the date of this Lease as may be required by applicable law or Landlord’s financing sources or as Landlord may deem desirable, in Landlord’s reasonable discretion, for the proper and efficient operation and maintenance of the Building so long as the same does not negatively impact the Building or Premises or Tenant’s use, occupancy and enjoyment thereof or Tenant’s rights under this Lease. “Commencement Date” means the day that is the 14th calendar days after the Building received its Certificate of Occupancy. “Common Areas” means all areas, space, equipment and special services provided by Landlord within the ground floor of the Building for the common or joint use and benefit of the tenants, their employees, agents, servants, suppliers, customers and other invitees, including, by way of illustration, but not limitation, landscaped areas, curbs, sidewalks, restrooms, lobbies, floor corridor hallways, patios, parking facilities, plenums above the ceiling on all floors and all other areas outside the Building. “Hazardous Material” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United State Government. Provided, however, the term “Hazardous Materials” shall not include Page 325 of 520 2 substances typically used in the ordinary course of operating and maintaining nutrition centers in California or small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manner typical of occupants in other similar properties, provided that such substances are used in compliance with applicable laws “Landlord” means D Avenue Housing Associates, L.P., a California limited partnership. “Premises” means the approximately 7,700 square foot Senior Center, located on the first floor of the Building, depicted on Exhibit A attached hereto, including a community room, restrooms, office space, reception area, kitchen, storage space, mailbox, trash enclosure, 4 staff parking spaces, 3 ADA compliant parking spaces, 16 visitor parking spaces and 1 designated drop off area. “Rent” shall have the meaning ascribed to it in Section 4(a) of this Lease. “Tenant” means the City of National City. “Term” shall have that meaning ascribed to it in Section 3(a) of this Lease. 2.Lease of the Premises. Landlord leases to Tenant and Tenant leases from Landlord the Premises. Tenant hereby agrees and acknowledges that Tenant is leasing the Premises “as-is” from Landlord. Without limiting the generality of the foregoing, Tenant shall be solely responsible for determining the condition of the Premises. Landlord shall have no obligation to improve the Premises. 3.Term and Contingencies. (a)Term. Unless sooner terminated pursuant to the terms of this Lease, the term of this Lease shall commence on the Commencement Date and terminate on the 65th anniversary of the Commencement Date (“Term”), except as otherwise provided in Section 3(b), below. (b)Termination by Tenant. Tenant may terminate this Lease, subject to the terms hereof, by providing Landlord written notice at lease ninety (90) days prior to the date of termination. 4.Rent. (a)Rent. The Rent shall be $1.00 per year. The first year’s Rent shall be payable concurrently with the Tenant’s execution and delivery of this Lease to the Landlord. Thereafter, Tenant agrees to pay Rent to Landlord on March 15 in each and every year during the Term. All Rent may be paid by check and delivered personally or by first class mail to Landlord. (b)Utilities. Tenant shall be responsible for payment of all separately metered utilities for the Premises, if any. (c)No Security Deposit. Tenant shall not be required to pay any security deposit to Landlord. Page 326 of 520 3 (d)Triple Net Lease. This Lease is a “Triple Net Lease” pursuant to which Tenant shall pay (in addition to Rent) its own utilities, janitorial, trash removal, repairs, maintenance, and other operating expenses directly relating to the use of the Premises (“Premises Costs”). 5.Alterations. (a)By Landlord. Landlord may install fixtures, make alterations or other changes to the Building which Landlord determines in its sole and absolute discretion are necessary or desirable without notice to or consent of the Tenant so long as the same does not negatively impact the Building or Premises or Tenant’s use, occupancy and enjoyment thereof or Tenant’s rights under this Lease. Tenant shall cooperate with Landlord if Landlord elects to make alterations or other changes to the Premises. (b)By Tenant. Tenant may make alterations or other changes to the Premises with Landlord’s prior written consent which shall not be unreasonably delayed or withheld. Any alterations, improvements or additions shall be constructed without cost to Landlord in a good, workmanlike and defect-free manner by licensed contractors with experience in construction of tenant improvements, in commercial properties similar to the Building. Any and all additions, alterations and improvements which are made or caused to be made by Tenant, before or during the Term, shall be made at Tenant’s sole expense in accordance with the following: (i) if Landlord requires, such work, including, without limitation, Tenant’s final working drawings, plans and specifications shall be subject to the continuing approval of Landlord, which approval shall not be unreasonably withheld, unless and to the extent such work constitutes emergency repairs necessary for the continued operation of Tenant’s business or for life safety reasons; (ii) such work shall not alter, add to or otherwise change the exterior of the Premises, without the written consent of Landlord; (iii) such work shall not cause or create a dangerous or hazardous condition and shall not interfere with or disturb other tenants or guests of Landlord Tenant shall apply for and obtain, any and all permits or licenses required by applicable governmental authorities necessary or desirable for Tenant to construct and install the same. Notwithstanding anything to the contrary contained herein, in no event shall Landlord be responsible for repair of or liability to Tenant for any defects in any alterations, improvements or additions to the Premises. Tenant shall give Landlord thirty (30) days advance notice before beginning any work on alterations to permit Landlord to file a Notice of Non-Responsibility and take any other actions in advance of commencement of any alterations. (c)Lien Free Construction. All alterations, improvements and additions shall be constructed free and clear of mechanics’ and materialmen’s liens; provided that if any such lien is filed, Tenant shall remove and discharge the same within ten (10) business days of written notice from the Landlord. Time is of the essence. Failure to timely remove the lien shall constitute a “Material Default” under the terms of this Lease. Notwithstanding the foregoing, Tenant may contest the mechanics’ and/or materialmens’ liens in good faith, at Tenant’s own expense, by appropriate proceedings, provided Tenant posts a bond or furnishes such other security as may be required by law to prevent any foreclosure proceedings against the Building, or any part thereof, during the pendency of such contest and removes such lien or stays enforcement thereof. If Tenant shall fail to discharge such lien within such period or fail to furnish such security, then, subject to Page 327 of 520 4 Tenant’s right to contest set forth in the preceding sentence, in addition to all other rights or remedies, Landlord may, but shall not be obligated to, discharge the same (i) by paying the amount claimed to be due, (ii) by procuring the discharge of such lien by deposit in court, (iii) by giving security, or (iv) in such other manner as is, or may be prescribed by law. Any amount paid by Landlord for any of the aforesaid purposes, including all reasonable attorneys’ fees to procure the discharge of such lien with all necessary disbursements in connection therewith, with interest thereon at the maximum rate permitted by law from the date of payment, shall be repaid by Tenant to Landlord on demand and, if unpaid, may at Landlord’s election, be treated as additional rent. Nothing herein contained shall imply any consent or approval by Landlord to the filing of mechanics’ lien against the Building or any part thereof. (d)Removal of Improvements. Tenant shall remove from the Premises all of Tenant’s personal property, including without limitation furnishings, machinery, trade fixtures, equipment, and improvements, on or before the expiration of the Term, or as soon as practicable after termination of this Lease, but in no event later than sixty (60) days after the termination of this Lease. Tenant shall repair any damage to the Premises or the Building caused by such removal, including without limitation patching and filling holes, reasonable wear and tear excepted. Notwithstanding the foregoing, Tenant shall not remove or be required to remove, any HVAC systems, restroom fixtures, flooring, plumbing, ceilings, walls, or utility or electrical components. 6.Use. (a)Permitted Use. Tenant shall use the Premises only as a social activity center to provide senior services and for ancillary health, education, exercise and wellness related uses for seniors. Tenant shall not use the Premises for any other activity aside from the use permitted in this Section 6(a). The Premises may only be open for business between 8:00 a.m. and 10:00 p.m., seven (7) days a week. Tenant shall not use the Premises as a dwelling for any person. (b)Additional Use Limitations. Tenant shall not permit the occupancy of the Premises at any time during the Term to exceed that allowed by the applicable codes and regulations concerning occupancy. Tenant shall use commercially reasonable efforts to maintain control over the conduct of its employees and shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building, or Landlord’s employees, invitees, consultants, or other licensees or injure, endanger or annoy them, result in an increase in the number of parking spaces being used by Tenant and its employees, invitees, guests or licensees, or use or allow the Premises to be used for any immoral or unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or permit to be committed any waste in or upon the Premises. (c)Compliance With Laws, Covenants and Requirements. Tenant represents and warrants to Landlord, that Tenant, its agents, servants, employees, invitees and licensees, shall comply with, and shall not use the Premises in any way (or permit or suffer anything to be done in or about the Premises) which will conflict with: (i) any law, statute, ordinance or governmental rule or regulation affecting the Building, now in force or which may be hereafter promulgated, including, but not limited to, the provisions of any city or county zoning codes regulating the use of the Building; (ii) any covenant, condition or restriction (whether or not of public record) Page 328 of 520 5 affecting the Building, now in force or which may hereafter be enacted or promulgated or any health and food safety requirements, rules and regulations established by any governmental or quasi-governmental entity that are either voluntarily or involuntarily made applicable to the Building or the Premises; or (iii) any licensing requirements of any city, county, or other governmental or quasi-governmental entity regulating Tenant’s use of the Premises or any collective bargaining agreement entered into by Tenant (hereinafter collectively referred to as “Applicable Laws, Covenants and Requirements”). Tenant shall promptly notify Landlord of and shall promptly provide Landlord with true, correct and legible copies of all orders, reports, notices and correspondence (including those which may be considered confidential) of or concerning the investigation, compliance, and corrective actions and all complaints, pleadings, and other legal documents filed against Tenant relating to Tenant’s failure to comply with Applicable Laws, Covenants and Requirements. Tenant shall, at its sole cost and expense, promptly comply, and shall maintain the Premises and its operations and equipment in such a way as to comply, with all Applicable Laws, Covenants and Requirements in so far as they relate to the specific manner of Tenant’s use and occupancy of the Premises, and Tenant shall maintain and pay the cost of all permits, assessments and licenses required to operate Tenant’s business. The judgment of any court of competent jurisdiction or the admission by Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any Applicable Laws, Covenants and Requirements, shall be conclusive of the fact as between Landlord and Tenant. The Building is a non-smoking building and the Tenant shall not allow its employees, agents, contractors, subcontractors, clients, invitees or others using or occupying the Premises to smoke while in the Premises. (d)Hazardous Materials. (1)Except with respect to commercially packaged products used and stored by Tenant at the Premises, such as, common cleaning fluids and supplies, Tenant hereby agrees that neither Tenant, nor Tenant’s agents, employees, contractors, invitees or licensees will engage in any activity in, on or about the Premises or the Building, nor permit others to engage in any such activity, which will result in the Premises or the Building containing any Hazardous Material. If at any time it is determined that Tenant or Tenant’s agents, employees, contractors, invitees or licensees, have been responsible for the Premises or the Building containing any Hazardous Material, then Tenant shall be solely responsible for and shall pay for all costs incurred in connection with the removal of said Hazardous Materials. (2)Tenant shall promptly comply with the requirements of Section 25359.7(b) of the California Health and Safety Code and/or any successor or similar statute to provide Landlord with written notice that any Hazardous Material has come or will come to be located on or beneath the Premises or the Building if Tenant discovers or has reasonable cause to believe of the presence of such materials. Should Tenant fail to so notify Landlord, Landlord shall have all rights and remedies provided for such a failure by such Section 25359.7(b) in addition to all other rights and remedies which Landlord may have under this Lease or otherwise. Tenant shall not take any remedial action related to Hazardous Materials located in or about the Premises or the Building and shall not enter into a settlement, consent decree or compromise in response to any claim related to Hazardous Materials without the prior written consent of Landlord, which may be withheld by Landlord in its sole and absolute discretion. Tenant shall immediately notify Landlord in writing Page 329 of 520 6 of: (i) any enforcement, clean-up, removal or other governmental action instituted, completed or threatened with regard to Hazardous Materials at the Premises or the Building of which Tenant is directly notified; (ii) any claim made or threatened by any person against Tenant, Landlord, the Premises or the Building related to damage, contribution, cost recovery, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials of which Tenant is directly notified; and (iii) any reports made to any environmental agency arising out of or in connection with any Hazardous Materials at or removed from the Premises or the Building, including any complaints, notices, warnings or assertions of any violation in connection therewith of which Tenant is directly notified. (3)In addition to any other indemnity contained in this Lease, Tenant shall defend, indemnify and hold Landlord and its partners harmless from and against any and all losses, liabilities, general, special, consequential and/or incidental damages, injuries costs, expenses, claims of any and every kind whatsoever (including, without limitation, court costs, reasonable attorneys’ fees, damages to any person, the Premises or the Building or loss of rents) which at any time or from time to time may be paid, incurred or suffered by or asserted against Landlord or its partners with respect to, or as a direct or indirect result of: (i) the breach by Tenant of any of the covenants set forth in this Section 6(d); or (ii) the presence on, under or the escape, seepage, leakage, spillage, discharge, emission, release from, onto or into the Premises or the Building, of any Hazardous Material to the extent directly or indirectly caused or allowed by Tenant, or any agent, employee, contractor, invitee or licensee of Tenant. Tenant’s liability under this Section 6(d) shall extend to any and all Hazardous Materials whether or not such substance was defined, recognized, or known or suspected of being hazardous, toxic, dangerous or wasteful at the time of any act or omission giving rise to Tenant’s liability. (e)Additional Prohibited Actions of Tenant. Tenant shall not commit or permit the commission of any acts on the Premises or the Building, nor use or permit the use of the Premises or the Building in any way that: (i) violates or conflicts with any law, statute, ordinance, or governmental rule or regulation, whether now in force or hereinafter enacted, governing the specific manner of Tenant’s use of the Premises or the Building; (ii) obstructs or interferes with the rights of other tenants or occupants of the Building; or (iii) constitutes the commission of waste on the Premises or the commission or maintenance of a nuisance as defined by the laws of the State of California. (f)Building Rules and Regulations. Tenant shall, and Tenant agrees to cause its agents, servants, employees, invitees, and licensees to, observe and comply fully and faithfully with the Building Rules and Regulations. Landlord shall not be responsible to Tenant for failure of any other tenant or occupant of the Building to observe or comply with any of the Building Rules and Regulations. 7.Services and Utilities. (a)Utilities. Tenant shall be responsible for all separately metered utilities provided to the Premises, including, but not limited to, electric, telecommunications, water, trash, utilities and gas provided the same are in fact separately metered or submetered. (b)Breaks In Utility Services. Landlord shall not be liable for and Tenant shall not be Page 330 of 520 7 entitled to any abatement or reduction of rent by reason of Landlord’s failure to furnish any utilities and services which are not separately metered, including, without limitation, electricity and water, when such failure is caused by any of the following, to the extent beyond the reasonable control of Landlord: (i) accidents, breakage or repairs, (ii) strikes, brownouts, blackouts, riots, civil disturbances, lockouts or other labor disturbances or labor disputes of any character, (iii) governmental regulation, moratorium or other governmental action, (iv) limitation, rationing, curtailment or restriction on the use of water, electricity, gas heating, cooling or other forms of service or utility provided to the Premises, or (v) by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, nor shall such failure under such circumstances be construed as a constructive or actual eviction of Tenant. Landlord shall not be liable under any circumstances for loss or injury to property or business, however occurring, through or in connection with or incidental to Landlord’s failure to furnish any of said service or utilities. Notwithstanding any provision to the contrary herein, in the event Tenant is prevented from using all or a portion of the Premises as a result of a failure to provide services, access or utilities and if such failure continues for more than five (5) consecutive business days after written notice from Tenant, then the Rent shall be abated entirely (in the event Tenant is prevented from using all of the Premises) or reduced (in the event Tenant is prevented from using a portion of the Premises), as the case may be, for such time that Tenant continues to be so prevented from using the Premises or a portion thereof. 8.Taxes. Tenant shall be liable for and agrees to pay all taxes levied upon its personal property, leasehold improvements, additions, alterations and fixtures, including trade fixtures and inventory, located on the Premises or elsewhere and any real property taxes assessed on the Premises or the Property as a result of Tenant’s business operations at the Premises. Non- exempt taxes, if any, with respect to Tenant’s possessory interest in the Premises for the first and final years of the Term shall be prorated between Landlord and Tenant based upon the commencement and expiration of the Term. Landlord will not be required to pay any penalty, interest or cost resulting from Tenant’s failure to pay non-exempt taxes with respect to Premises, Tenant’s personal property, leasehold improvements, additions, alteration and fixtures and/or the delinquent payment of such taxes by Tenant. Tenant shall pay and be liable for any tax or fee (now or hereafter imposed by any governmental entity) applicable to or measured by or on the Rents or any other charges payable by Tenant under this Lease, including, without limitation, any gross income tax, gross receipts tax or excise tax with respect to the receipt of such Rent or other charges on the possession, leasing, operation, use or occupancy of the Premises, and specifically including any commercial rental tax of the City of National City, if any, that may now or hereafter be imposed. Landlord acknowledges that Tenant is a tax-exempt public entity. 9.Maintenance. (a)Landlord’s Maintenance and Repair of the Building. At all times during the Term, Landlord agrees: (i) to maintain the foundation and structural soundness of the Building; (ii) to keep in good repair plumbing and electrical wiring servicing the Premises, including without limitation fire sprinkler systems (if any), and mechanical systems serving the Premises; and (iii) repair and maintain the Common Areas. Landlord shall keep the Common Area and the sidewalks immediately in front of the Building clean and sanitary, including the removal of all stains, chewing gum, and other materials. Landlord shall take all steps within the bounds of reasonable safety and applicable laws to keep the sidewalks in front of the Building free of loitering. Landlord shall sweep and remove trash and loose debris from the Building and the Common Area. Landlord shall ensure that any landscaping, planter boxes and flower baskets are stationed with a catchment basin to prevent water runoff and Landlord shall remove all such stains from water run off that might occur naturally. Landlord Page 331 of 520 8 shall keep the top of its designated trash bins and the area underneath and immediately surroundings its trash bins clean, clear and free from trash. Landlord shall make no use of the Tenant’s Trash dumpster, bins or other containers used by Tenant for the storage of its trash. No material shall be placed in trash bins if disposal in the ordinary and customary manner in National City would violate any applicable law or ordinance. (b)Tenant’s Maintenance of the Premises. Tenant shall keep the Premises in a neat, clean and orderly and in good repair condition at all times during the Term, and shall not permit rubbish, waste or garbage, to accumulate at any time. Tenant shall not commit or permit any waste of the Premises or any acts to be done in violation of any laws or ordinances. Tenant shall not use or permit the use of the Premises for any illegal purposes. Tenant shall pay or cause to be paid all operating expenses of the Premises and the cost of any necessary repairs or replacements of Tenant’s alterations related to Tenant’s or any sublessee’s occupancy or use thereof. Tenant shall also be responsible for all costs associated with janitorial and maintenance services, including professional maintenance of a grease trap, all equipment maintenance including stoves, refrigerators, dishwashers, hoods and ansul systems. In the event Tenant fails to maintain any of the foregoing items after receipt of written notice from the Landlord and a reasonable opportunity to cure, Landlord shall have the right to cause such maintenance to occur. Any amount paid by Landlord for any of the aforesaid purposes, including all reasonable attorneys’ fees to enforce this Section 9(b), with interest thereon at the maximum rate permitted by law from the date of payment, shall be repaid by Tenant to Landlord on demand and, if unpaid, may at Landlord’s election, be treated as additional rent. 10.Casualty Damage and Casualty Insurance. (a)Insured Casualties. In the event the Premises, or any portion thereof, is damaged or destroyed by any casualty that is covered by the insurance maintained by Landlord, then Landlord shall rebuild and restore the Premises, as the case may be, and repair the damaged portion thereof, provided that (i) the amount of insurance proceeds available to Landlord equals or exceeds the cost of such rebuilding, restoration and repair; (ii) such rebuilding, restoration and repair can be completed within one hundred eighty (180) days after the work commences in the opinion of a registered architect or engineer appointed by Landlord; (iii) the damage or destruction has occurred more than twelve (12) months before the expiration of the Term; and (iv) such rebuilding, restoration, or repair is then permitted, under applicable governmental laws, rules and regulations, and by any mortgagee of the Landlord to be done in such a manner as to return the Premises to substantially its condition immediately prior to the damage or destruction, including, without limitation, the same net rentable floor area. If any of the circumstances described in (i) through (iv) above cannot be satisfied, Landlord may, at its option, either (1) rebuild or restore the Premises or Building, as the case may be, and repair the damaged portion thereof, or (2) elect not to rebuild or restore and this Lease shall then terminate. To the extent that insurance proceeds must be paid to a mortgagee or beneficiary under, or must be applied to reduce any indebtedness secured by, a mortgage or deed of trust encumbering the Premises or the Building, such proceeds, for the purposes of this Section 10(a), shall be deemed not available to Landlord unless such mortgagee or beneficiary permits Landlord to use such proceeds for the rebuilding, restoration, and repair of the Premises or Building. Notwithstanding the foregoing, Landlord shall have no obligation to repair any damage to, or to replace any of, Tenant’s personal property, furnishings, fixtures, Page 332 of 520 9 equipment or other such property or effects of Tenant. (b)Non-Insured Casualties. In the event the Premises, or any portion thereof, is materially damaged or destroyed by any casualty not covered by the insurance maintained or requested to be maintained by Landlord, then Landlord may, at its option, either (i) rebuild or restore the Premises and repair the damaged portions thereof at Landlord’s own expense; or (ii) terminate this Lease effective as of the date the damage or destruction occurred. If Landlord does not give Tenant written notice within sixty (60) days after the material damage or destruction occurs of its election to rebuild or restore the Premises and repair the damaged portions thereof, Landlord shall be deemed to have elected to terminate this Lease. Notwithstanding the foregoing, Tenant may terminate this Lease upon thirty (30) days’ prior written notice if Landlord elects to perform such repair or restoration and either (1) such repair or restoration cannot be completed within one hundred and eighty (180) days or (2) the damage or destruction occurs within the last twelve (12) months of the Term, unless Tenant’s actions or omissions are the cause of the damage, in such event Tenant shall be liable to and shall reimburse Landlord for any and all damages caused thereby. (c)Minor Casualties. If the Premises are not rendered substantially unfit for the occupancy or use herein contemplated as the result of any insured casualty, subject to the requirements of Landlord’s mortgagees, Landlord shall promptly and diligently restore the Premises at Landlord’s expense to the condition existing prior to the occurrence of the casualty and the Rent shall not abate during such restoration period, provided the Landlord is prompt and diligent in connection with the restoration. (d)Abatement of Rent. Provided this Lease is not terminated as provided in Sections 10(a) or (b), above, Tenant shall be entitled to an abatement of Rent by reason of the damage to or destruction of the Premises, only to the extent that either: (i) Landlord actually receives insurance proceeds for loss of rental income attributable to the Premises (Landlord shall not be required to maintain such insurance, but may in its sole and absolute discretion elect to do so); (ii) the floor area of the Premises cannot be reasonably used by Tenant for the conduct of its business, or (iii) Tenant does not have reasonable access to the Premises, in which event the Rent shall abate in the proportion which the approximate area of the damaged or destroyed portion of the Premises bears to the total area of the Premises commencing upon the date of the damage to or destruction of the Premises or Building has occurred until substantial completion of the repair of such damage or destruction. (e)Tenant’s Waiver of Civil Code Sections 1932 and 1933. Tenant’s right to terminate this Lease in the event of any damage or destruction to the Premises is governed by the terms of this Section 10 and therefore Tenant hereby expressly waives the provisions of Section 1932, Subdivision 2, and Section 1933, Subdivision 4, of the California Civil Code, and any and all laws, whether now or hereafter in force, whether created by ordinance, statute, judicial decision, administrative rules or regulations, or otherwise, that would cause this Lease to be terminated, or give Tenant a right to terminate this Lease, upon any damage to or destruction of the Building that occurs. 11.Waiver of Subrogation. If either party sustains loss or damage to the Premises or the Page 333 of 520 10 fixtures, goods, wares, merchandise or any other property located thereon, from which it is protected by an insurance policy, then, to the extent that such party is so protected, it waives any right of recovery from the other party. Each party agrees immediately to give to each insurance company which has issued to it a policy of fire and extended coverage property insurance written notice of the terms of such mutual waivers, and to cause such insurance policy to be properly endorsed, if necessary, to prevent the invalidation of such insurance coverage by reason of such waivers. 12.Insurance. (a)Tenant Insurance Requirements. Tenant agrees, at Tenant’s sole cost and expense, to maintain in force continuously throughout the Term: (1)Commercial general public liability and property damage insurance covering the Premises with limits of not less than $2,000,000.00 for injury to or death of one or more persons and/or property damage arising out of a single accident or occurrence and $2,000,000.00 in the aggregate. All such insurance shall name the Landlord as an additional insured. Upon receipt of written request therefor, Tenant shall furnish Landlord a certificate from the insurer evidencing such coverage as required by this Section 12(a)(1); and (2)Fire and extended coverage insurance insuring against loss or damage by a standard all risk policy, excluding earthquake and flood, to the extent of 100% of the full replacement value of the Premises. Following the application of such proceeds to the restoration of the Premises and the Building (if applicable) and to Landlord’s costs incurred in connection with the adjustment or settlement of any claims (including but not limited to reasonable attorneys’ fees), the proceeds from any such policy shall be used by Tenant for the replacement of Tenant’s personal property or the restoration of Tenant’s Premises or alterations. The property insurance policy described in this Section 12(a)(2) shall name Landlord as loss payee; and (3)Worker’s compensation insurance, with coverage as required by the State of California, if Tenant has any employees. (b)Additional Insurance Requirements. Each insurance certificate for casualty insurance shall indicate that the insurer waives its rights of subrogation against the other party. In addition, all insurance policies obtained by Tenant shall be written as primary policies, non- contributing with or in excess of any coverage which Landlord may carry, with loss payable clauses in favor of Landlord and naming Landlord and any lender of Landlord as additional insureds. The liability limits of the above-described insurance policies shall in no way limit the liability of any party under the terms of this Lease. If Tenant fails to maintain and secure the insurance coverage required under this Section 12, Landlord shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to procure and maintain such insurance, the cost of which shall be due and payable to Landlord by Tenant on demand. No policy of insurance required pursuant to this Lease shall contain a deductible exceeding Ten Thousand Dollars ($10,000) per occurrence. Tenant shall be solely responsible for the payment of any deductible. Page 334 of 520 11 (c)Landlord Insurance Requirements. (1)Liability Insurance. Landlord agrees, at Landlord’s expense, to maintain in force continuously throughout the Term, commercial general public liability insurance covering the Building (including the Premises) with combined single limit coverage of $2,000,000 or its equivalent, and shall upon Tenant’s written request, furnish Tenant a certificate from the insurer evidencing such coverage. (2)Property Insurance. Landlord shall maintain all-risk property insurance covering the Building, Premises and the Building against loss or damage resulting from fire and other insurable casualties. 13.Hold Harmless. Tenant agrees to indemnify, defend and hold Landlord, its partners, members, managers, directors, officers, agents, employees, affiliates and consultants entirely harmless from and against all liabilities, losses, demands, actions, expenses or claims, incurred in connected with or arising from the use, occupancy or enjoyment of the Building, Common Area or Premises by Tenant and/or its agents, employees, invitees, licensees or contractors (the “Tenant’s Agents”) or any work, activity or other things allowed or suffered by Tenant or Tenant’s Agents to be done in or about the Building, Common Area or Premises; provided, however, that Tenant shall not be obligated to so indemnify Landlord to the extent any such matters arise from or are caused by the willful misconduct or negligence of Landlord. 14.Assignment and Sublease. Tenant shall not directly or indirectly, voluntarily or by operation of law, sublease, sell, assign, encumber, pledge or otherwise transfer or hypothecate all or any part of the Premises or this Lease, without the written consent of Landlord, not to be unreasonably withheld, conditioned, or delayed. 15.Eminent Domain. (a)Total Taking. If all or substantially all of the Premises is condemned or taken in any manner for public or quasi-public use, including, but not limited to, a conveyance or assignment in lieu of the condemnation or taking, or if so much of the Premises is so taken or condemned so as to render the remaining portion of the Premises unusable by Tenant for the conduct of Tenant’s business, as determined by the condemning authority, this Lease shall automatically terminate on the earlier of the date on which actual physical possession is taken by the condemnor or the date of dispossession of Tenant as a result of such condemnation or other taking. (b)Partial Taking. If less than all or substantially all of the Premises is so condemned or taken, rendering the remaining portion of the Premises usable by Tenant for the conduct of its business, as determined by the condemning authority, this Lease shall automatically terminate only as to the portion of the Premises so taken as of the earlier of the date on which actual physical possession is taken by the condemnor or the date of dispossession of Tenant as a result of such condemnation or taking. If such portion of the Building is condemned or otherwise taken so as to require, in the opinion of Landlord, a substantial alteration or reconstruction of the remaining portions thereof, this Lease may be terminated by Landlord, as of the date on which actual physical Page 335 of 520 12 possession is taken by the condemnor or dispossession of Tenant as a result of such condemnation or taking, by written notice to Tenant within sixty (60) days following notice to Landlord of the date on which such physical possession is taken or dispossession will occur. (c)Award. Landlord shall be entitled to the entire award in any condemnation proceeding or other proceeding for taking for public or quasi-public use, including, without limitation, any award made for the value of the leasehold estate created by this Lease. No award for any partial or total taking shall be apportioned, and Tenant hereby assigns to Landlord any award that may be made in such condemnation or other taking, together with any and all rights of Tenant now or hereafter arising in or to the same or any part thereof. Although all damages in the event of any condemnation shall belong to Landlord whether such damages are awarded as compensation for diminution in value of the leasehold or to the fee of the Premises, Tenant shall have the right to claim and recover from the condemnor, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant in Tenant’s own right on account of damages to Tenant’s business by reason of the condemnation and for or on account of any cost or loss to which Tenant might incur to remove Tenant’s merchandise, furniture and other personal property, fixtures, and equipment or for the interruption of or damage to Tenant’s business. (d)Rent Abatement. In the event of a partial condemnation or other taking that does not result in a termination of this Lease as to the entire Premises, the Rent and all other charges shall abate in proportion to the portion of the Premises taken by such condemnation or other taking. If this Lease is terminated, in whole or in part, pursuant to any of the provisions of this Section 15, all Rent and other charges payable by Tenant to Landlord hereunder and attributable to the Premises taken shall be paid up to the date upon which actual physical possession shall be taken by the condemnor. Landlord shall be entitled to retain the entire Security Deposit until such time as this Lease is terminated as to all of the Premises. (e)Temporary Taking. If all or any portion of the Premises is condemned or otherwise taken for public or quasi-public use for a limited period of time, this Lease shall remain in full force and effect and Tenant shall continue to perform all terms, conditions and covenants of this Lease; provided, however, the Rent and all other charges payable by Tenant to Landlord hereunder shall abate during such limited period in proportion to the portion of the Premises that is rendered unusable as a result of such condemnation or other taking. Landlord shall be entitled to receive the entire award made in connection with any such temporary condemnation or other taking. (f)Transfer of Landlord’s Interest to Condemnor. Landlord may, without any obligation to Tenant, agree to sell and/or convey to the condemnor the Premises, the Building, or any portion thereof, sought by the condemnor, subject to this Lease and the rights of Tenant hereunder, without first requiring that any action or proceeding be instituted or, if instituted, pursued to a judgment. 16.Attorneys’ Fees. The parties agree that the prevailing party in litigation for the breach and/or interpretation and/or enforcement of the terms of this Lease shall be entitled to their expert witness fees, if any, as part of their costs of suit, and reasonable attorneys’ fees as may be awarded by the court, pursuant to California Code of Civil Procedure (“CCP”) Section 1033.5 and any other applicable provisions of California law, including, without limitation, the provisions of CCP Page 336 of 520 13 Section 998. 17.Default. (a)Tenant’s Default. The occurrence of any one or more of the following shall constitute a default hereunder by Tenant: (1)Tenant fails to pay any Rent, Premises Costs or other charges required to be paid by Tenant under this Lease when due, where such failure shall continue for a period of thirty (30) days after written notice thereof from Landlord to Tenant; (2)Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days (or such shorter time provided herein) after written notice thereof from Landlord, provided, however, that if the term, condition, covenant or obligation to be performed by Tenant is of such nature that the same cannot reasonably be cured within thirty (30) days and if Tenant commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same, then such failure shall not be a default hereunder; (3)A trustee, disbursing agent or receiver is appointed to take possession of all or substantially all of Tenant’s assets or of Tenant’s interest in this Lease and Tenant does not regain possession within sixty (60) days after such appointment; Tenant makes an assignment for the benefit of creditors; or all or substantially all of Tenant’s assets in, on or about the Premises or Tenant’s interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty (60) days thereafter); (4)A petition in bankruptcy, insolvency or for reorganization or arrangement is filed by or against Tenant pursuant to any federal or state statute and, with respect to any such petition filed against it, Tenant fails to secure a stay or discharge thereof within sixty (60) days after the filing of the same; (5)Immediately, in the event of any assignment, subletting or other transfer for which the prior written consent of the Landlord has not been obtained; (6)Immediately, upon the suspension of Tenant’s right to conduct its business as contemplated by this Lease, caused by the order, judgment, decree, decision or other act of any court or governmental agency; (7)Tenant fails to continuously operate a nutrition center or other permitted use of the Premises under Section 6(a), and such failure continues for a period of thirty (30) consecutive days. (b)Landlord’s Remedies. Upon the occurrence of a default by Tenant that is not cured by Tenant within any applicable grace period, Landlord shall have the following rights and remedies in addition to all other rights and remedies available to Landlord at law or in equity: Page 337 of 520 14 (1)The rights and remedies provided by California Civil Code Section 1951.4, which allows Landlord to continue this Lease in effect and to enforce all of its rights and remedies under this Lease, including the right to recover Rent and any other additional monetary charges as they become due, for as long as Landlord does not terminate Tenant’s right to possession; provided, however, if Landlord elects to exercise its remedies described in this Section 17(b)(1) and Landlord does not terminate this Lease, and if Tenant requests Landlord’s consent to an assignment of this Lease or a sublease of the Premises at such time as Tenant is in default, Landlord shall not unreasonably withhold its consent to such assignment or sublease. Acts of maintenance or preservation, efforts to relet the Premises or the appointment of a receiver upon Landlord’s initiative to protect its interest under this Lease shall not constitute a termination of Tenant’s right to possession; (2)The right to terminate this Lease by giving notice to Tenant in accordance with applicable law and Section 20(d) hereof; and (3)The right to have a receiver appointed for Tenant, upon application by Landlord, to take possession of the Premises and to apply any rental collected from the Premises and to exercise all other rights and remedies granted to Landlord for Tenant pursuant to this Section 17. (c)No Waiver of Indemnification. Neither the termination of this Lease nor the exercise of any remedy under this Lease or otherwise available at law or in equity shall affect the right of Landlord to any right of indemnification set forth in this Lease or otherwise available at law or in equity for any act or omission of Tenant, and all rights to indemnification or other obligations of Tenant which are intended to be performed after termination of this Lease shall survive termination of this Lease and termination of Tenant’s right to possession under this Lease. (d)Landlord’s Default. It shall be a default and breach of this Lease by Landlord if Landlord materially fails to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after receipt of written notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty (30) day period, such default shall be deemed to have been cured if Landlord commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same. 18.Signage. Tenant, at its own expense, shall have the right to place signage on the exterior of the Premises for maximum visibility to the extent allowable by the City of National City. The exact location, size, design and colors of such signage shall be submitted by Tenant to Landlord and shall be subject to approval of the Landlord, such approval not to be unreasonably withheld, conditioned, or delayed. The wiring and installation of such signage shall be done at Tenant’s expense, subject to inspection and reasonable approval of Landlord. Any and all signage shall be subject to applicable sign ordinances and regulations, and appropriate City of National City approvals regarding number, size, and color. If Landlord revises the signage plan, after Tenant has erected a sign to which Landlord has granted consent, Tenant agrees, at Landlord’s expense, to Page 338 of 520 15 make the necessary changes to its sign in order to conform the sign to Landlord’s signage plan, as enacted or revised. 19.Quiet Enjoyment. Upon payment by Tenant of the Rent, the Premises Costs and any additional rent herein provided, and upon the observance and performance of all the covenants, terms and conditions on Tenant’s part to be observed and performed, Tenant shall peaceably and quietly hold and enjoy the Premises for the term hereby demised without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through or under Landlord, subject, nevertheless, to the terms and conditions of this Lease, and any mortgage and/or deed of trust to which this Lease is subordinate and subject to Landlord’s right from time to time to perform tenant improvement work in other space in the Building, which will involve, among other things, construction noise, the use of scaffolding, delays in the use of the Building’s elevators, the presence of work crews and the use of the Building’s elevators by work crews, provided, however, that such work does not materially interfere with Tenant’s use of the Premises. 20.Landlord Exclusive Control. (a)Building Alterations. Landlord shall have the sole and exclusive control of the Building, as well as the right to make changes to the Building so long as the same does not negatively impact the Building or Premises or Tenant’s use, occupancy and enjoyment thereof or Tenant’s rights under this Lease. Landlord has the right, but not the obligation, to (i) restrain the use of the Building and/or common areas by unauthorized persons, (ii) utilize from time to time any portion of the Building and/or common areas for promotional and related matters, (iii) temporarily close any portion of the Building and/or common areas for repairs, improvements or alterations, or (iv) change the shape and size of the Building and/or common areas or change the location of improvements within the Building and/or common areas, including, without limitation, parking structures and other parking facilities, roadways and curb cuts. Landlord may determine the nature, size and extent of the common areas as well as make changes to the common areas from time to time which, in Landlord’s opinion, are deemed desirable so long as the same does not negatively impact the Building or Premises or Tenant’s use, occupancy and enjoyment thereof or Tenant’s rights under this Lease. (b)Landlord’s Rights. Landlord reserves the right to install, use, maintain, repair, relocate and replace pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises or outside the Premises, change the boundary lines of the Building and install, use, maintain, repair, alter or relocate, expand and replace any common areas. Such rights of Landlord shall include, but are not limited to, designating from time to time certain portions of the common areas as exclusively for the benefit of certain tenants in the Building. (c)Landlord’s Access. Landlord and Landlord’s agents shall have the right to enter the Premises (a) at reasonable times upon reasonable notice, (i) for the purpose of inspecting the same, (ii) making such alterations, repairs, improvements or additions to the Premises or to the building located on the Premises as Landlord is obligated or permitted to do under this Lease, and (iii) showing the same to prospective lenders or purchasers, and (b) within the last 90 days of the term hereof to prospective lessees. In addition, Landlord, with the prior consent of Tenant’s facility manager which shall not be unreasonably withheld, may use the dining area located at the Premises Page 339 of 520 16 at an agreed upon date and time for resident activities, so long as such use does not interfere with Tenant’s operations, is not for political or religious purposes and provided, further, that Landlord shall return the dining area to the condition it was in prior to Landlord’s use. (d)Termination and Entry. In the event Landlord terminates this Lease pursuant to the terms hereof, Landlord may (upon three (3) days’ notice as provided in Sections 1161 and 1162 of the California Code of Civil Procedure or upon notice in lieu thereof), re-enter the Premises and take possession thereof and remove all persons therefrom, and Tenant shall have no further claim under this Lease. Such termination shall not relieve Tenant of any obligation hereunder that has accrued prior to the date of such termination. Landlord may take possession of all personal property of Tenant and of any other person that is located on the Premises, which property shall be deemed abandoned and in that event such items may be retained by Landlord as its property or disposed of by Landlord, in such manner as Landlord shall determine, and at Tenant’s expense. Tenant and any sublessee hereby expressly waives any and all rights of redemption granted by or under present or future laws (including, without limitation, Sections 1174 and 1179 of California Code of Civil Procedure) in the event of Tenant’s being evicted or dispossessed for any cause, or in the event of Landlord’s obtaining possession of the Premises by reason of a default of Tenant under this Lease, or otherwise. 21.Subordination. Tenant agrees that its leasehold interest hereunder is subordinate to any mortgages now on, or hereafter to be placed on, the Premises, provided that each of Landlord’s mortgagees shall either enter into a subordination, non-disturbance and attornment agreement upon terms and conditions reasonably acceptable to Tenant, with Tenant, or cause each such mortgagee to provide that so long as Tenant is not in default under this Lease, Tenant’s quiet possession of the Premises shall remain undisturbed, on the terms, covenants and conditions stated herein, whether or not the mortgage is in default and notwithstanding any foreclosure or other action brought by the mortgagee. 22.Estoppel Certificates. Tenant, at any time and from time to time, upon not less than thirty (30) days’ prior written notice from Landlord, agrees to execute and deliver to Landlord (on a form prepared by Landlord) a statement (a) certifying that this Lease is unmodified and in full force and effect, or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and the date to which the Rent, Premises Costs and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if they are claimed evidencing the status of this Lease. 23.Notices. All notices under this Lease shall be in writing and sent (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or refusal to accept delivery). All notices shall be delivered to the following addresses or such other addresses as changed by any party from time to time by written notice to the other parties hereto. Landlord: D Avenue Housing Associates, L.P. c/o Community HousingWorks 3111 Camino del Rio North, Suite 800 San Diego, CA 92108 Attention: Kevin Leichner, Senior Vice President Page 340 of 520 17 Copy to: Downs Pham & Kuei LLP 235 Montgomery St., Suite 1169 San Francisco, CA 94104 Attention: Irene C. Kuei And to Bank of America, N.A. MA1-225-02-02 225 Franklin Street Boston, MA 02110 Tenant: City of National City 1243 National City Boulevard National City, CA 91950 Attention: City Manager 24.No Brokers. Landlord and Tenant each represents and warrants to one another that no broker has been involved in the negotiation or consummation of this Lease. Tenant and Landlord each agree to indemnify, defend (with an attorney of the indemnitee’s choice) and hold the other harmless from and against all claims, demands, causes of action and liabilities, including without limitation attorneys’ fees and costs, arising out of a claim for a commission by any other broker purporting to have acted on behalf of the indemnifying party. 25.Force Majeure. Neither party shall be required to perform any term, covenant or condition of this Lease so long as such performance is delayed or prevented by force majeure, which shall mean any acts of God, material restriction by any governmental authority, civil riot, and any other cause not reasonably within the control of such party and which by the exercise of due diligence such party is unable, wholly or in part, to prevent or overcome. 26.General Conditions. (a)Counterparts. This Lease may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (b)Captions. The captions in this Lease are inserted for convenience of reference and in no way define, describe or limit the scope or intent of this Lease or any of the provisions of this Lease. (c)Partial Invalidity. Any provision of this Lease which is unenforceable, invalid, or the inclusion of which would adversely affect the validity, legality, or enforcement of this Lease shall have no effect, but all the remaining provisions of this Lease shall remain in full effect. (d)No Third-Party Rights. Nothing in this Lease, express or implied, is intended to confer upon any person, other than the parties to this Lease and their respective successors and assigns, any rights or remedies. Page 341 of 520 18 (e)Time Of Essence. Time is of the essence in this Lease. (f)Relationship. Nothing contained in this Lease shall be deemed or construed by the parties or by any third person to create a relationship of principal and agent or partnership or a joint venture between Landlord and Tenant or between either or both of them and any third party. (g)Tenant Approval. Whenever a reference is made herein to an action or approval to be undertaken by the Tenant, the City Manager of the City of National or his or her designee is authorized to act on behalf of the Tenant (without further approval from the City Council) unless specifically provided otherwise or the context should require otherwise. (h)Exhibits Incorporated. All exhibits referred to in and attached to this Lease are hereby incorporated in this Lease by this reference. (i)Further Assurances. Landlord and Tenant agree to execute all such instruments and documents and to take all actions which are reasonably necessary to carry out this Lease or accomplish its intent. (j)Incorporation of Prior Agreements. This Lease contains all agreements of Landlord and Tenant with respect to any matter mentioned, or dealt with, herein. No prior agreement or understanding pertaining to any such matter shall be binding upon Landlord or Tenant. (k)Amendment. This Lease may only be amended by written agreement signed by Landlord and by Tenant. (l)No Waiver. No waiver by either party of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach of the same or any other provision. Landlord’s consent to or approval of any act shall not be deemed to render unnecessary obtaining such Landlord’s consent to or approval of any subsequent act. No waiver by either party shall be effective unless it is in writing, executed on behalf of such party. (m)Consents. All consents to be given by either party shall be reasonably and timely given. (n)No Leasehold Mortgages. Tenant shall not encumber its leasehold interest in the Premises, without the prior written approval of the Landlord. (o)Nondiscrimination. There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in the leasing, subleasing, renting, transferring, use, occupancy, tenure or enjoyment of the Premises, nor shall Tenant itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the Premises. (p)Signature Authority. All individuals signing this Lease for a party which is a Page 342 of 520 19 corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the each other party hereto that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. (q)Approval Rights of Limited Partner and Lenders. Tenant acknowledges that Landlord may be required to obtain the approval of Landlord’s limited partner with respect to the various matters for which Landlord’s approval is required hereunder and with respect to any amendment, assignment, sublease, modification or voluntary termination for surrender of this Lease. Tenant further acknowledges that Landlord may have to obtain the consent of its lenders who hold the Building as collateral with respect to any amendment, modification or voluntary termination or surrender of this Lease. (r)Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of California. (s)Attorneys’ Fees. If any action is brought by either party against the other party, the prevailing party shall be entitled to recover from the other party reasonable attorneys’ fees, costs and expenses incurred in connection with the prosecution or defense of such action. For purposes of this Lease, the term “attorneys’ fees” or “attorneys’ fees and costs” shall mean the fees and expenses of counsel to the parties hereto, which may include printing, copying and other expenses, air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney. [Remainder of Page Left Intentionally Blank; Signature Page Follows] Page 343 of 520 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. TENANT: CITY OF NATIONAL CITY By: ____________________________ Benjamin A. Martinez, City Manager Date: ___________ APPROVED AS TO FORM: By: ____________________________ Barry J. Schultz City Attorney Date: ___________ [SIGNATURES CONTINUED ON FOLLOWING PAGE] Page 344 of 520 Page 345 of 520 EXHIBIT A PREMISES Page 346 of 520 Exhibit A Premises Page 347 of 520 Page 348 of 520 EXHIBIT B RULES & REGULATIONS 1)Landlord shall provide two (2) keys to Tenant for the Premises. Tenant shall provide one copy to Landlord of all new locks or bolts Tenant install in any door or window of the Premises within three (3) days of such installation. Upon termination of the Lease, all keys to the Premises shall be surrendered to Landlord. 2)Tenant shall keep the Premises clean and sanitary. 3)Tenant shall have no access to Landlord’s agents for maintenance work in the Premises. Landlord’s agents shall not perform any work other than its regular duties, except when so directed by Landlord. 4)Tenant shall not disturb, solicit, or canvas any occupant of the Building. 5)Tenant shall store all trash within Tenant’s separately designated trash bins inside the trash room, and dispose of such trash and recycling through regularly scheduled pick- ups. No trash bins shall be left on the sidewalk. No material shall be placed in trash bins if disposal in the ordinary and customary manner in National City would violate any applicable law or ordinance. Tenant shall keep the top of its designated trash bins and the area underneath and immediately surroundings their trash bins clean, clear and free from trash. Tenant shall make no use of the Building’s trash dumpster, bins or other containers used by Landlord for the storage of the Building’s trash. 6)Any trash bins outside the Premises must be locked at all times. 7)Tenant shall comply with all safety, fire protection and evacuation procedures and regulations established by Landlord or any governmental agency. Page 349 of 520 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMERCIAL LEASE BY AND BETWEEN THE CITY OF NATIONAL CITY AND D AVENUE HOUSING ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP FOR THE SENIOR CENTER FACILITY FOR 65 YEARS AT A RENT EQUAL TO $1.00 PER YEAR. WHEREAS, a Disposition and Development Agreement (“DDA”) by and among the Community Development Commission–Housing Authority of the City of National City (“CDC-HA”) and Community HousingWorks (D Avenue Housing Associates, L.P.) for the Kimball Highland Master Plan was executed on October 20, 2020, per Resolution 2020-77; and WHEREAS, phase two of the DDA included the construction of a fully furnished and equipped turnkey operational Senior Center to be used by CDC-HA.; and WHEREAS, the “Senior Center Lease” is defined as a commercial lease by and between the “Landlord” (D Avenue Housing Associates, L.P.) and “Tenant” (City of National City or City) relating to the Senior Center; and WHEREAS, the Senior Center will have a triple net lease for a term of 65 years at a rent equal to $1.00 per year; and WHEREAS, the “Triple Net Lease” requires the Tenant to pay its own utilities, janitorial, trash removal, repairs, maintenance, and other operating expenses directly relating to the use of the premises in addition to rent; and WHEREAS, the Tenant will not be required to pay any security deposit to the Landlord; and WHEREAS, the Senior Center will be an approximately 7,700 square foot space located on the first floor of the attached affordable housing project constructed by D Avenue Housing Associates, L.P., including a large community room, restrooms, kitchen, reception area, offices, classrooms, mailbox, trash enclosure, and storage space; and WHEREAS, a total of 19 designated parking spaces will be provided, including 4 staff parking spaces, 3 ADA-compliant parking spaces, 16 visitor parking spaces, and 1 drop-off area; and WHEREAS, the Senior Center will be used to provide senior services and for education, exercise, and wellness-related uses for seniors. NOW, THEREFORE, THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: The City of National City hereby authorizes the City Manager or his designee to execute a Commercial Lease Agreement for the Senior Center facility for $1.00 per year for 65 years. Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution. Page 350 of 520 PASSED and ADOPTED this 15th day of October, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 351 of 520 AGENDA REPORT Department: Planning Prepared by: Sophia Depew, Assistant Planner Meeting Date: Tuesday, October 15, 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 (La Malcriada Birrieria) located at 1604 E. 18th Street, Suites A & B. RECOMMENDATION: Staff Recommends Approval of the Sale of On-Site Beer and Wine, Subject to the Recommended Conditions in Planning Commission Resolution No. 2024-15, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol is a Conditionally-Allowed Use in Minor Mixed-Use Corridor Zone and Would be Accessory to Food Sales in the Restaurant. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: On October 7, 2024, the Planning Commission recommended approval of the CUP by a unanimous vote of those present. Ayes: Armenta, Castle, Forman, Miller, Sanchez, Valenzuela Absent: Quinones EXPLANATION: The operator of La Malcriada Birrieria restaurant has applied for a California Department of Alcoholic Beverage Control (ABC) Type 41 license to offer beer and wine sales. The hours of operation as proposed by the applicant are 8:00 a.m. to 10:00 p.m. daily inside the restaurant and 8:00 a.m. to 9:00 p.m. daily outside on an existing patio. The Planning Commission conducted a public hearing on October 7, 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). Page 352 of 520 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 – 10/7/24 Planning Commission PowerPoint slides Page 353 of 520 Item no. 6 October 7, 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 (LA MALCRIADA BIRRIERIA) LOCATED AT 1604 EAST 18TH STREET, SUITES A & B. Case File No.: 2024-16 CUP Location: Southeast corner of Palm Avenue and East 18th Street Assessor’s Parcel Nos.: 561-360-46-00 Staff report by: Sophia Depew, Assistant Planner Applicant: Andrea Rivas Zoning designation: Minor Mixed-Use Corridor (MXC-1) Adjacent use and zoning: North: 7 Eleven, Multifamily Residential / MXC-1 and High-Density Multi-Unit Residential (RM-2) East: Barber Shop, Single-Family Residential, Golf Course / MXC-1 and Open Space (OS) South: Single-Family Residential / MXC-1 and RS-2 West: Munchies Corner Store and Single-Family Residential / MXC-1 and RS-2 Environmental review: Categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) Page 354 of 520 Planning Commission Meeting of October 7, 2024 Page 2 Staff recommendation: Approve Page 355 of 520 Planning Commission Meeting of October 7, 2024 Page 3 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 Minor Mixed-Use Corridor zone and would be accessory to food sales at the restaurant. Executive Summary The operator of La Malcriada Birrieria restaurant has applied for a California Department of Alcoholic Beverage Control (ABC) Type 41 license to offer beer and wine sales. Currently, the hours of operation are from 8:00 a.m. to 7:00 p.m. The applicant is proposing to increase hours of operation from 8:00 a.m. to 10:00 p.m. daily. Proposed hours of alcohol sales are daily from 8:00 a.m. to 10:00 p.m. inside the restaurant and from 8:00 a.m. to 9:00 p.m. outside on the patio. Site Characteristics La Malcriada Birrieria is an existing restaurant located at the corner of E 18th Street and Palm Avenue within the Minor Mixed-Use Corridor zone. The restaurant is 960 square feet in size, with approximately 340 square feet dedicated to dining area. The outdoor patio is 180 square feet. The restaurant has 37 seats available inside and an additional 12 seats available outside on the patio. Proposed Use The business is proposing to sell beer and wine on site (ABC Type 41) in conjunction with food sales in the restaurant. Restaurant hours will be 8:00 a.m. to 10:00 p.m. daily. Proposed hours of alcohol sales are daily from 8:00 a.m. to 10:00 p.m. inside the restaurant and from 8:00 a.m. to 9:00 p.m. outside on the patio. 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 di stance requirements. City Council Policy 707 also regulates alcohol sales in the city. The site was previously approved for the same type of ABC License (Type 41) with a CUP in 2019 that has since expired due to a discontinued use for a period of 12 months or longer. Page 356 of 520 Planning Commission Meeting of October 7, 2024 Page 4 Hours of Operation for Alcohol Sales Conditions of approval for alcohol sales reflect what the applicant has requested (8:00 a.m. to 10:00 p.m. indoors and 8:00 a.m. to 9:00 p.m. outdoors daily). The applicant has stated that the proposed hours are the maximum that could be expected, depending on the future success of the business. Current hours are advertised as 8:00 a.m. to 7:00 p.m. The previous CUP approval was for 10:00 a.m. to 10:00 p.m. No live entertainment is proposed. 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 371 occupants and owners. Comments The Planning Division has not received any public comment as of the writing this report. Community Meeting - Pursuant to Section 18.30.050 (C) of the National City Zoning Code, a community meeting was held Wednesday, September 11, 2024 at 6:00 p.m. at the restaurant. The meeting advertisement is attached (Attachment 8); Based on the attached sign-in sheet, no community members attended the meeting. 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 property in question meets this requirement with approximately 35% of its floor area devoted to seating. Las Palmas Elementary School is approximately 560 feet away. Alcohol Sales Concentration/Location According to the California Department of Alcoholic Beverage Con trol (ABC), there are currently three on-site licenses in census tract 121.01, where a maximum of two are recommended. The census tract is considered over concentrated by ABC with regard to on-site alcohol sales outlets. Page 357 of 520 Planning Commission Meeting of October 7, 2024 Page 5 Police Department (PD) The ABC Risk Assessment provided by PD allocated a total of 11 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 (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 signage indicating that alcoholic beverages may not be taken beyond the front patio exit and into the parking lot. Standard conditions of approval are included in the report in compliance with City Council Policy 707. IPS comments are included as Attachment 7. The app lication 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 Minor Mixed-Use Corridor zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for al cohol 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 Gener al Plan. In addition, a restaurant with alcohol sales is consistent with the Minor Mixed-Use Corridor zone land use designation and the Community Character element of the General Plan. 3. Compatibility, LUC, and Traffic: No expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed uses would be incidental to the primary use of food service. Page 358 of 520 Planning Commission Meeting of October 7, 2024 Page 6 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. 5. California Environmental Quality Act (CEQA): The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial building, and the use is similar to other commercial uses in the area, which are permitted in Minor Mixed-Use Corridor zone. 6. Public Convenience and Necessity: The restaurant, a permitted use in the Minor Mixed-Use Corridor zone, will benefit from the sale of alcohol 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 the census tract in which the subject property is located is currently over-concentrated with regard to on-sale alcohol outlets – There are three on-sale licenses, where a maximum of two are recommended. 2. The proposed use is not deemed essential to the public necessity, as there are three restaurants in census tract 121.01 that already serve beer and wine. Page 359 of 520 Planning Commission Meeting of October 7, 2024 Page 7 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.). Summary The proposed use is consistent with the General Plan due to alcohol sales for on- site consumption being a conditionally-allowed use in Minor 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. Although the census tract in which the restaurant is located is 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 2024-16 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 2024-16 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. 2024-16 CUP, dated 9/19/2024) 4. Public Hearing Notice (Sent to 371 property owners & occupants) Page 360 of 520 Planning Commission Meeting of October 7, 2024 Page 8 5.Census Tract & Police Beat Maps 6.Police Department Comments 7.IPS Comments 8.Community Meeting Information Page 361 of 520 RESOLUTION NO. 2024-15 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 EXISTING RESTAURANT (LA MALCRIADA BIRRIERIA) LOCATED AT 1604 EAST 18TH STREET, SUITES A & B. CASE FILE NO. 2024-16 CUP APN: 561-360-46-00 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for beer and wine sales at an existing restaurant (La Malcriada Birrieria) located at 1604 East 18th Street, Suites A & B at a duly advertised public hearing held on October 7, 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. 2024-16 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 October 7, 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 Minor Mixed-Use Corridor zone pursuant to a CUP and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 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 1Page 362 of 520 alcohol sales is consistent with the Minor 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 Minor Mixed-Use Corridor zone. 7.The proposed use is deemed essential and desirable to the public convenience or necessity, because the restaurant, a permitted use in the Minor Mixed-Use Corridor zone, will benefit from the 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 Page 363 of 520 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 (La Malcriada Birrieria) located at 1604 E 18th Street, Suites A & B. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2024-16 CUP, dated 9/19/2024. 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. Page 364 of 520 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 8:00 a.m. to 10:00 p.m. inside the restaurant and from 8:00 a.m. to 9:00 p.m. outside on the patio, 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. Signage shall be posted in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off-premises. 13. No live entertainment is permitted without modification of this CUP or issuance of a Temporary Use Permit. 14. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually. Police 15. 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. Page 365 of 520 Indemnification Agreement The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning 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 October 7, 2024, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ________________________ CHAIRPERSON Page 366 of 520 RESOLUTION NO. 2024-15 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 (LA MALCRIADA BIRRIERIA) LOCATED AT 1604 EAST 18TH STREET, SUITES A & B. CASE FILE NO. 2024-16 CUP APN: 561-360-46-00 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for beer and wine sales at an existing restaurant (La Malcriada Birrieria) located at 1604 East 18th Street, Suites A & B at a duly advertised public hearing held on October 7, 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. 2024-16 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 October 7, 2024 support the following findings: 1.Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the census tract in which the subject property is located is currently over-concentrated with regard to on-sale alcohol outlets – three on-sale outlets are permitted where two are recommended by the California Department of Alcoholic Beverage Control. 2.The proposed use is not deemed essential to the public necessity, as there are already three restaurants in the same census tract that serve beer and wine. Page 367 of 520 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. 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 October 7, 2024, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ________________________ CHAIRPERSON Page 368 of 520 2024-16 CUP – 1604 E 18th Street, Suites A & B – Overhead N ATTACHMENT 2Page 369 of 520 TITLE SHEET MARIMAR 16 0 4 E A S T 1 8 T H S T . NA T I O N A L C I T Y , C A . 9 1 9 5 0 PLAN FILE NUMBER_ A________ DATE_ JOB NUMBER_ DRAWN BY_ SHEET NAME + No._ REVISIONS_ SCOPE OF WORK VICINITY MAP ABBREVIATIONS AND DESCRIPTIONS DEVELOPMENT SUMMARY 08.22.2024 ____ ATTACHMENT 3 Page 370 of 520 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 (LA MALCRIADA BIRRIERIA) LOCATED AT 1604 E 18TH STREET, SUITES A & B CASE FILE NO.: 2024-16 CUP APN: 561-360-46-00 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m . Monday, October 7, 2024, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Andrea Rivas) The business is proposing to sell beer and wine on site (ABC Type 41) in con junction with food sales at the existing restaurant (La Malcriada Birrieria). The applicant is proposing to sell alcohol indoors from 8:00 a.m. to 10:00 p.m. and outdoors from 8:00 a.m. to 9:00 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., October 7, 2024 by submitting it to PlcPubComment@nationalcityca.gov. Planning staff can be contacted at 619-336-4310 or planning@nationalcityca.gov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. ATTACHMENT 4Page 371 of 520 Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp.,GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, OrdnanceSurvey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, ©OpenStreetMap contributors, and the GIS User Community CensusTracts 2010 August 25, 2014 0 0.75 1.50.375 mi 0 1 20.5 km 1:45,467 ATTACHMENT 5Page 372 of 520 City of National City Beat 23 Source: Microsoft Mappoint NCPD CAU, 4/18/07 Page 373 of 520 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 La Malcriada Birrieria 1604 E. 18th Street #A&B, National City, CA 91950 Andrea Rivas 04/23/95 245 Woodlawn Ave #G6, Chula Vista, CA 91910 - Currently, there are (1) off sale licenses authorized in tract 121.01 - Currently, there are (2) on sale licenses authorized in tract 121.01 - Currently, there are (3) active on sale licenses in tract 121.01 - Currently, there are (2) active off sale licenses in tract 121.01 4 4 4 4 4 Page 374 of 520 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 11 This business assessed at a XXXXX risk and is deserving of such a rating. Owner has a CA Drivers license number of Y9964212 Camacho 449 4 4 4 Page 375 of 520 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 1604 East 18th Street, 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 1604 East 18th Street. During a scan of the business and premises, the following was noted: •The restaurant is on the corner of East 18th Street and Palm Avenue. There are businesses on each corner, such as La Morena Market, Guanatos Mexican Grill, Bottles & More Liquor and a 7-Eleven. The liquor store and 7-Eleven are approximately 350 feet from the proposed location. •There is an established residential neighborhood to the East of Highland Ave. •The location has a traditional car infrastructure and a nearby bus stop. ATTACHMENT 7 Page 376 of 520 Youth Sensitive Areas •Adventure Point Early Learning Center 1,000 feet away •Las Palmas Elementary School 1,000 feet away •Las Palmas Park with pool, and little league baseball field 2,600 feet away Churches United Church of Christ 1st Samoan, 800 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. 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.Require signage indicating that alcoholic beverages may not be taken beyond the front patio exit and into the parking lot. 3.Consider establishing clear guidelines for when additional alcohol licenses will or will not be permitted within an already dense area. Please see below for outlet density description and map. 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 very dense. Additionally, according to the ABC, two (2) on-sale licenses are authorized for the census tract where 1604 East 18th Street, National City, is located. There are already three (3) on-sale licenses for this census tract according to ABC records – exceeding ABC recommendations. Page 377 of 520 Page 378 of 520 September 1, 2024 Dear Resident / Business Owner: You are cordially invited to aAend a community meeBng regarding a CondiBonal Use Permit (CUP) with the city of NaBonal City by Andrea Rivas (Doing Business As – La Malcriada Birreria Restaurant) for a California Department of Alcoholic Beverage Control (ABC) Type-41 license (beer and wine) to compliment their exisBng restaurant. Wednesday, September 11, 2024 6:00pm to 7:00pm Birreria La Malcriada Birreria Restaurant 1604 East 18th Street NaBonal City, CA 91950 The applicant will provide an overview of their request and have a quesBon and answer session shortly therea[er. If you have any quesBons please feel free to contact Marco Cortes at (619) 852-4690 (or at marco@cortescommunicaBons.com). ATTACHMENT 8Page 379 of 520 640 WEST BEECH STREET, STE. 3-B SAN DIEGO, CA 92101 619-852-4690 September 13, 2024 Sophia Depew Planning Technician Community Development Department City of NaAonal City 1243 NaAonal City Boulevard NaAonal City, CA 91950 RE: ANDREA RIVAS (dba – LA MALCRIADA BIRRERIA RESTAURANT) Report for Community MeeBng; Ms. Depew: On behalf of Andrea Rivas (dba – La Malcriada Birreria Restaurant), I am submiRng a summary of the Com- munity MeeAng that was held on Wednesday, September 11, 2024, 6:00pm to 7:00pm, La Malcriada Birreria Restaurant located at 1604 East 18th Street, NaAonal City, CA 91950. The applicant and I were present and began the meeAng at 6:00pm. Unfortunately, nobody aZended the meeAng and the meeAng was adjourned at 7:00pm. Thank you for your consideraAon, if I can be of further assistance please feel free to contact me directly at (619) 852-4690. Kind regards, Marco Polo Cortes Marco Polo Cortés President Page 380 of 520 SIGN-IN-SHEET PROJECT: Condi.onal Use Permit / ABC Type-41 License Request Community Mee.ng Wednesday, September 11, 2024 6:00pm to 7:00pm Andrea Rivas (Doing Business As) La Malcriada Birreria Restaurant 1604 East 18th Street Na.onal City, CA 91950 NAME ADDRESS SIGNATURE ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Page 381 of 520 City of National City Planning Commission Meeting MEETING OF OCTOBER 7, 2024 Page 382 of 520 Public Hearing CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT AN EXISTING RESTAURANT (LA MALCRIADA BIRRIERIA) LOCATED AT 1604 E 18TH STREET, SUITES A & B 2024-16 CUP Page 383 of 520 Overhead Page 384 of 520 Site Characteristics ➢La Malcriada Birrieria ➢Existing 960 square foot restaurant in the MXC-1 zone ➢The site was previously approved for same ABC license (Type 41) with a CUP in 2019, which was never exercised. ➢Located on Southeast corner of E 18th Street and Palm Avenue ➢Surround by various commercial and residential uses ➢Census tract 121.01 Page 385 of 520 Proposal ➢The business proposes to sell beer and wine (ABC Type 41) in conjunction with food sales ➢Proposed hours of operation are daily from 8:00 a.m. to 10:00 p.m. inside the restaurant and 8:00 a.m. to 9:00 p.m. outside on the patio. ➢Previous CUP approved for 10:00 a.m. to 10:00 p.m. ➢Floor plan indicates the total area dedicated to seating ➢Indoors –340 square feet. ➢Outdoor-180 square feet. ➢No live entertainment is proposed. Page 386 of 520 Floor Plan Page 387 of 520 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. (371) ➢Community meeting –Held September 11, 2024 –no attendees ➢Census Tract 121.01–3 on-sale licenses where 2 are recommended ➢Distance requirements –Not applicable for restaurants with 30% of their floor area dedicated to seating. ➢La Malcriada Birrieria has 35% of their floor area dedicated to seating. ➢City council policy 707 ➢Standard conditions Page 388 of 520 Comments: Police Department (PD) ➢Risk Assessment –11 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 into the parking lot. Page 389 of 520 Conditions ➢Standard Conditions of Approval ➢Conditions specific to on-site alcohol sales per Council Policy 707 ➢Hours of operation ➢Employee training ➢Accessory sales ➢Application-specific conditions ➢IPS comments Page 390 of 520 Summary ➢Proposed use is consistent with the General Plan ➢Alcohol sales for on-site consumption are a conditionally-allowed use in MXC-1 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 Page 391 of 520 Options •Find project exempt from CEQA & approve 2024-16 CUP based on findings listed in the draft resolution / findings determined by the Commission; or •Find project not exempt from CEQA and/or deny 2024-16 CUP based on findings listed in the draft resolution / findings determined by the Commission; or •Continue the item for additional information •Staff recommending approval •Notice of Decision to City Council Page 392 of 520 AGENDA REPORT Department: Planning Prepared by: Sophia Depew, Assistant Planner Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) for the Addition of Distilled Spirits to an Existing Beer and W ine License at Manolo Farmers Market Located at 303 Highland Avenue. RECOMMENDATION: Staff Recommends Approval of the Addition of Distilled Spirits to the Existing Sale of Off-Sale Beer and Wine, Subject to the Recommended Conditions in the Attached Planning Commission Resolution No. 2024-14, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol is a Conditionally-Allowed Use in the Minor Mixed-Use Corridor (MXC-1) Zone and W ould Continue to be Accessory to the Retail Sales at the Existing Grocery Store. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: On October 7, 2024, the Planning Commission recommended approval of the CUP by a unanimous vote of those present. The motion recommended an additional condition of approval requiring the applicant to use electronic ID verification for alcohol sales. Ayes: Armenta, Forman, Miller, Valenzuela Recused: Castle, Sanchez Absent: Quinones EXPLANATION: The applicant (Manolo Farmers Market) proposes to upgrade their existing ABC Type-20 license (off-sale beer and wine) to an ABC Type-21 (off-sale beer, wine, and distilled spirits). Existing and proposed hours of alcohol sales are 7:00 a.m. to 10:00 p.m. daily. The Planning Commission conducted a public hearing on October 7, 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). Page 393 of 520 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 – 10/7/24 Planning Commission PowerPoint slides Page 394 of 520 Item no. 5 October 7, 2024 COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: PUBLIC HEARING – DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND CONDITIONAL USE PERMIT FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS (ABC TYPE-21) AT AN EXISTING GROCERY STORE (MANOLO FARMERS MARKET) LOCATED AT 303 HIGHLAND AVENUE. Case File No.: 2024-11 CUP Location: 303 Highland Avenue Assessor’s Parcel No.: 556-180-23-00 Staff report by: Sophia Depew, Acting Assistant Planner Applicant: CD Marketplace Inc. by Chris Dallo Zoning designation: Minor Mixed-Use Corridor (MXC-1) Adjacent use and zoning: North: Commercial (MXC-1) and Single-Family Residential (RS-2) East: Multifamily Residential (RM-2) South: Commercial Retail (MXC-1) and Residential (RS-2) West: Commercial Retail MXC-1 (La Casa Liquor, Quick Wash Laundromat, La Sierra Café) across Highland Ave Environmental review: Categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) Staff recommendation: Approve Page 395 of 520 Planning Commission Meeting of October 7, 2024 Page 1 Staff Recommendation Staff recommends approval of the addition of distilled spirits to the existing sale of off-sale 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 alcohol is a conditionally-allowed use in the Minor Mixed-Use Corridor (MXC-1) zone and would continue to be accessory to the retail sales at the existing grocery store. Executive Summary The applicant (Manolo Farmers Market) proposes to upgrade their existing ABC Type-20 license (off-sale beer and wine) to an ABC Type-21 (off-sale beer, wine, and distilled spirits). Existing and proposed hours of alcohol sales are 7:00 a.m. to 10:00 p.m. daily. Site Characteristics Manolo Farmers Market is an existing 27,000 square-foot grocery store located on the east side of Highland Avenue between East 2nd Street and East 4th Street in the Minor Mixed-Use Corridor (MXC-1) zone. The grocery store is located on its own parcel. The site is surrounded by various commercial and residential uses. The location was previously approved for the sale of beer and wine for off-site consumption within a retail grocery store in 1990 and received an additional CUP approval for extended hours in 2000. Proposed Use The business is proposing to sell distilled spirits in addition to the currently- licensed beer and wine for off-site consumption (ABC Type-21 alcohol license). The applicant is proposing to add a distilled spirits shelf located behind the front counter, where only employees will be able to access it. Staff is recommending the distilled spirits be secured in addition to being behind the employee counter (condition of approval). The location currently has an approved Conditional Use Permit and ABC license for the sale of beer and wine. The previously approved hours for alcohol sales were 7:00 a.m. to 11:00 a.m. daily. The applicant’s request for the proposed hours of 7:00 a.m. to 10:00 p.m. daily reflect the current hours of operation at the store. Per the applicant’s floor plan, the area dedicated to alcohol sales is approximately 408 square feet with only one additional fixture (64 square feet) Page 396 of 520 Planning Commission Meeting of October 7, 2024 Page 2 proposed for the sale of distilled spirits. This represents approximately 1.7% of the floor area of the grocery store. Analysis Section 18.30.050 of the Land Use Code allows for alcohol sales for off-site consumption 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 (7:00 a.m. to 10:00 p.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 737 occupants and owners. As of the writing of this staff report, the Planning Division received one public comment as part of this public hearing notice (Attachment 9). Community Meeting Pursuant to Section 18.30.050 (C) of the Land Use Code, a community meeting was held on Monday, July 8, 2024 at 12:00 p.m. at the store. The meeting advertisement is attached (Attachment 8). There were no community members in attendance. Alcohol Sales Concentration/Location According to the California Department of Alcoholic Beverage Control (ABC), there are currently four off-sale licenses in census tract 118.02, where a maximum of four are recommended. The applicant holds one of the existing licenses. The census tract is not considered over concentrated with off-site alcohol sales outlets by ABC. No increase in the amount of licenses would occur. Many of the issues related to off-sale licenses are related to the availability of smaller quantities and cheaper products, most of which are related to businesses not originally subject to a CUP (legal nonconforming). However, businesses with CUPs are limited to the quantity and size of beer bottles (e.g., no sale of single Page 397 of 520 Planning Commission Meeting of October 7, 2024 Page 3 cans or bottles) and the size of wine bottles and their alcoholic content (e.g., containers less than 750 milliliters nor greater than 15% content by volume). Because the subject business has an existing CUP, it is already subject to standard conditions related to alcohol. Police Department (PD) The ABC Risk Assessment provided by PD allocated a total of 11 points, which places it in the Low Risk category (Low Risk is considered 12 points or less). The risk assessment is included as Attachment 6. Institute for Public Strategies (IPS) Comments were received from IPS with the following considerations: 1. Require in-person Responsible Beverage Sales and Service (RBSS) training for all staff. 2. Require daily litter removal and timely graffiti removal from areas under control of the licensee. 3. Post in English and Spanish a notice that state law prohibits sales of alcoholic beverages to persons under age 21. 4. Post and maintain signage stating that no open alcoholic beverage containers are allowed on the premises and no loitering is allowed on or in front of the premises. Staff has included conditions of approval in the attached draft resolution pertaining to all of the above recommendations. IPS comments are included as Attachment 7. Findings for Approval The following are the required findings in the attached draft resolution: 1. Allowable Use: Alcohol sales in conjunction with a grocery store are allowable within the Minor Mixed-Use Corridor zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code (LUC) for alcohol sales, as discussed in the staff report. Sales will be incidental to the existing grocery store in a commercial area. 2. General Plan Consistency: Alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. In addition, a grocery store with alcohol sales is consistent with the Minor Page 398 of 520 Planning Commission Meeting of October 7, 2024 Page 4 Mixed-Use Corridor zone land use designation contained in the Land Use Code and 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 a grocery store. 4. No Nuisance: The proposed use will be subject to conditions that limit hours and the manner in which alcohol is sold. In addition, all staff members serving alcohol are required to receive RBSS training. 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 the Minor Mixed-Use Corridor zone. 6. Public Convenience and Necessity: The grocery store, a permitted use in the Minor Mixed-Use Corridor zone, will benefit from the sale of alcohol. The sale of beer, wine, and distilled spirits will contribute to a diversity of local commercial offerings in the area. Findings for Denial The following are findings for denial due to nearby businesses that offer off-sale beer, wine, and distilled spirits together: 1. The proposed use is not deemed essential to the public necessity, as there are already four retail outlets in the same census tract that sell alcohol, including the existing license on site. Page 399 of 520 Planning Commission Meeting of October 7, 2024 Page 5 2. Based on the above finding, public convenience and necessity will not be served by a proposed use of the property for off-site 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 off-site alcohol sales per Council Policy 707 (hours of operation, employee training, and accessory sales, etc.). Summary The proposed use is consistent with the General Plan due to alcohol sales for off- site consumption being a conditionally-allowed use in the Minor Mixed-Use Corridor zone. The addition of distilled spirits to the sale of beer and wine at an existing grocery store will contribute to the diversity of commercial offerings in the area. Conditions requiring compliance with City Council Policy 707 are intended to alleviate concerns relate to area impacts should the CUP be approved. The decision of the Planning Commission will be sent to the City Council. Options 1. Find the project exempt from CEQA under Class 1 of the CEQA Guidelines Section 15301 or other exemption and approve 2024.11 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 2024.11 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. Page 400 of 520 Planning Commission Meeting of October 7, 2024 Page 6 Attachments 1. Draft Resolutions 2. Overhead 3. Applicant's Plans (Exhibit A, Case File No. 2024.11 CUP, dated 8/29/2024) 4. Public Hearing Notice (Sent to 737 property owners & occupants) 5. Census Tract & Police Beat Maps 6. Police Department Comments 7. IPS Comments 8. Community Meeting Information 9. Public Comment Page 401 of 520 ATTACHMENT 1 RESOLUTION NO. 2024-14 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 THE SALE OF BEER, WINE, AND DISTILLED SPIRITS (ABC TYPE-21) AT AN EXISTING GROCERY STORE (MANOLO FARMERS MARKET) LOCATED AT 303 HIGHLAND AVENUE. CASE FILE NO. 2024-11 CUP APN: 556-180-23-00 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for off-site sale of beer, wine, and distilled spirits at an existing grocery store (Manolo Farmers Market) located at 303 Highland Avenue. At a duly advertised public hearing held on October 7, 2024, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2024-11 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 October 7, 2024, support the following findings: 1. The proposed addition of distilled spirits sales is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code because alcohol sales in conjunction with a grocery store are allowable within the Minor Mixed-Use Corridor zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. Sales will be incidental to the existing grocery store in a commercial area. Furthermore, alcohol sales (beer and wine) have been approved for sale on site since 1990. Page 402 of 520 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 grocery store with alcohol sales is consistent with the Minor Mixed-Use Corridor zone land use designation contained in the Land Use Code and Community Character element of the General Plan. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because no expansion of the building is proposed. The proposed uses would be incidental to the primary use of a grocery store. 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 hours and the manner in which alcohol is sold. 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 the Minor Mixed-Use Corridor zone. 7. The proposed use is deemed essential and desirable to the public convenience or necessity, because the grocery store, a permitted use in the Minor Mixed-Use Corridor zone, will benefit from the sale of alcohol. The sale of beer, wine, and distilled spirits will contribute to a diversity of local commercial offerings in 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 off-site sales of alcoholic Page 403 of 520 beverages in accordance with applicable law and the recommended conditions. The use, as proposed and conditioned, will operate in harmony with surrounding uses, will not cause a nuisance, and will benefit the community with a more diverse selection of goods to purchase from the grocer. 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, wine, and distilled spirits for off-site consumption at an existing grocery store (Manolo Farmers Market) located at 303 Highland Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2024.11 CUP, dated 8/29/2024. 2. Unless specifically modified by this resolution, all Conditions of Approval of Planning Commission Resolution No. 20-2000 shall remain in full force and effect. 3. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant or owner shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant or owner shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation. 4. This permit shall become null and void at such time as there is no longer a Type 21 California Department of Alcoholic Beverage Control license associated with the property. 5. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. 6. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. Page 404 of 520 7. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval or applicable law. Planning 8. No sales of distilled spirits shall be permitted until the applicant has been issued a Type 21 license from the California Department of Alcoholic Beverage Control. 9. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the Permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 10. The sale of alcoholic beverages shall only be permitted between the hours of 7:00 a.m. and 10:00 p.m. daily. Sales are only permitted during times when the store is open for the purchase of general commodities. 11. Distilled spirits shall be stored in a lockable cabinet behind the sales counter accessible only to properly trained employees. 12. Prior to the commencement of sales of distilled spirits, the applicant shall implement an electronic age verification system capable of scanning IDs at all points of sale where alcohol may be purchased. The system shall be capable of identifying fake IDs and persons under the age of 21. This system shall be maintained in working order for the life of this permit. The applicant shall continue to incorporate best practices as advised by ABC, which can be found online at https://www.abc.ca.gov/education/licensee-education/checking-identification/. 13. Applicant shall provide revised floor plan. 14. All required signage related to the sale of alcohol shall be written in both English and Spanish translation. 15. The premises shall be kept free of graffiti and litter in conformance with the National City Municipal Code. The operator or property manager shall take responsive action within a 24-hour period upon the receipt of any notice provided by Code Enforcement pertaining to graffiti or litter. 16. Containers of alcoholic beverages may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 17. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually. Page 405 of 520 Police 18. 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, advertising, or display of alcoholic beverages. Indemnification Agreement The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning 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 October 7, 2024, by the following vote: AYES: NAYS: Page 406 of 520 ABSENT: ABSTAIN: ________________________ CHAIRPERSON Page 407 of 520 RESOLUTION NO. 2024-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA DENYING 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 CASE FILE NO. 2024-11 CUP APN: 556-180-23-00 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for off-site sale of beer, wine, and distilled spirits at an existing grocery store (Manolo Farmers Market) located at 303 Highland Avenue. At a duly advertised public hearing held on October 7, 2024, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2024-11 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 October 7, 2024, support the following findings: 1. The proposed use is not deemed essential to the public necessity, as there are already four retail outlets in the same census tract that sell alcohol, including the existing license on site. 2. Based on the above finding, public convenience and necessity will not be served by a proposed use of the property for off-site sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. Page 408 of 520 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 October 7, 2024, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ________________________ CHAIRPERSON Page 409 of 520 ATTACHMENT 2 2024-11 CUP – 303 Highland Avenue – Overhead N Page 410 of 520 Be e r C o o l e r Wine Wi n e Distilled Spirits ATTACHMENT 3Page 411 of 520 Page 412 of 520 NOTICE OF PUBLIC HEARING DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND CONDITIONAL USE PERMIT FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS (ABC TYPE-21) AT AN EXISTING GROCERY STORE (MANOLO FARMERS MARKET) LOCATED AT 303 HIGHLAND AVENUE. CASE FILE NO.: 2024-11 CUP APN: 556-180-23-00 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, October 7, 2024, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: CD Marketplace Inc.-Chris Dallo) The applicant (Manolo Farmers Market) proposes to upgrade their existing ABC Type-20 license (off-sale beer and wine) to an ABC Type-21 (off-sale beer, wine, and distilled spirits) Existing and proposed hours of alcohol sales are 7:00 a.m. to 10:00 p.m. daily. The 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., October 7, 2024 by submitting it to PlcPubComment@nationalcityca.gov. Planning staff can be contacted at 619-336-4310 or planning@nationalcityca.gov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. ATTACHMENT 4Page 413 of 520 Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp.,GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, OrdnanceSurvey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, ©OpenStreetMap contributors, and the GIS User Community CensusTracts 2010 August 25, 2014 0 0.75 1.50.375 mi 0 1 20.5 km 1:45,467 ATTACHMENT 5Page 414 of 520 City of National City Beat 21 Source: Microsoft Mappoint NCPD CAU, 4/18/07 Page 415 of 520 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 07/09/24 Manolo Farmers Market 303 Highland Avenue, National City, CA 91950 Chris Dallo 09/23/68 1320 Corte De Las Piedras, El Cajon, CA 92019 - Currently, there are (4) off sale licenses authorized in tract 118.02 - Currently, there are (8) on sale licenses authorized in tract 118.02 - Currently, there are (1) active on sale licenses in tract 118.02 - Currently, there are (4) active off sale licenses in tract 118.02 4 4 4 4 4 Page 416 of 520 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 11 J. Camacho 449 4 4 4 Page 417 of 520 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 21 Alcohol CUP 303 Highland Ave., National City, CA 91950 Conducted: July 3, 2024 Photo of the proposed location An environmental scan was conducted on Wednesday, July 3, 2024, for a proposed upgrade of an existing Type 20 off-sale alcohol license to a Type 21 at 303 Highland Avenue. The proposed location is a full- scale grocery store surrounded by other commercial uses on Highland Ave., and the streets running parallel and perpendicular to Highland in front of and behind the business are residential. During a scan of the business and premises, the following was noted: •There is a liquor store selling beer, wine and distilled spirits 250 feet from the location. •Customers were entering the premises by car and on foot. •The business offered one cooler of wine with the remaining cooler space along the wall devoted to beer. There was also a selection of beer outside the coolers. ATTACHMENT 7Page 418 of 520 Funded by the San Diego County Health and Human Services Agency 8885 Rio San Diego Drive #117 San Diego, California, 92108 Phone: 619.476-9100 Fax: 619.476-9104 www.publicstrategies.org Page 419 of 520 Funded by the San Diego County Health and Human Services Agency 8885 Rio San Diego Drive #117 San Diego, California, 92108 Phone: 619.476-9100 Fax: 619.476-9104 www.publicstrategies.org Outlet Density Based on Centers for Disease Control guidelines, alcohol density is defined as the average distance between a person and their closest alcohol retailer. In the map above, the darker the census tract, the less distance a person has to travel to their closest alcohol retailer. The proposed location is defined as “very dense.” Youth Sensitive Areas Dino Daycare (approximately 1,050 feet away) Central Elementary (approximately 2,100 feet away) Highland Park (approximately 2,100 feet away) Churches First Spanish Southern Baptist (approximately 1,050 feet away) is the closest one to this location. Crime Rate A request for crime-related information from personnel within the City of National City Police Department should determine whether existing violations against the property or Applicant have occurred that would discourage the issuance of a Type 21 alcohol license. Considerations The following are considerations if a CUP is issued: 1.Require that staff and management attend an in-person Responsible Beverage Sales and Service training. 2.Require daily litter removal and timely graffiti removal from areas under control of the licensee. 3.Post in English and Spanish a notice that state law prohibits sales of alcoholic beverages to persons under age 21. 4.Post and maintain signage stating that no open alcoholic beverage containers are allowed on the premises and no loitering is allowed on or in front of the premises. Page 420 of 520 Community Meeting Minutes Manolo Farmers Market July 15, 2024 Meeting Time: 12:00PM Location: Manolo Farmers Market 303 Highland Ave National City, CA 91950 In attendance: Steve Mattia, attorney Chris Dallo, owner The meeting was held in the juice bar area. We waited until 1pm and no one came. No one asked about the meeting the rest of the day. ____________________ Steve Mattia, Attorney ATTACHMENT 8Page 421 of 520 September 15, 2024 To Whom It May Concern: I am submitting this letter to formally object to the pending application for an ABC Type-21 liquor license at 303 Highland Avenue by Manolo Farmers Market. I am the owner of La Casa Liquor, located at 228 Highland Avenue, directly across from the proposed site. As a business owner in this community for over 30 years, I believe that granting an additional Type-21 liquor license in such close proximity would negatively impact the youth of National City. Although I do not reside in National City, I consider myself deeply connected to the community. Many of my customers have become like family, and I have watched their children grow into adulthood. I take great care to ensure that alcohol is not sold to minors, as I know many of my customers personally and am familiar with their families. This familiarity allows me to prevent underage sales and ensure that alcohol is handled responsibly in my store. I am concerned that a larger business such as Manolo Farmers Market, with many employees and multiple checkout lines, would not be able to exercise the same level of oversight. In a store of that size, minors may find it easier to purchase alcohol or engage in theft. By contrast, in my smaller store, I can monitor all activity, and the liquor is kept securely behind the counter. It is my firm belief that increasing access to alcohol in this community could harm our youth, who already face significant challenges. Many young people here are balancing school with work to help support their families. The availability of alcohol could contribute to distractions, higher dropout rates, and potential increases in crime. I have personally invested time and resources into supporting families and youth in this community, and I am deeply committed to their well-being. For these reasons, I respectfully urge you to deny the liquor license application for Manolo Farmers Market. Sincerely, Salwan Nafsu Owner, La Casa Liquor ATTACHMENT 9Page 422 of 520 City of National City Planning Commission Meeting MEETING OF OCTOBER 7, 2024 Page 423 of 520 Public Hearing CONDITIONAL USE PERMIT FOR THE SALE OF BEER, WINE, AND SPIRITS AT AN EXISTING GROCERY STORE (MANOLO FARMERS MARKET) LOCATED AT 303 HIGHLAND AVENUE 2024-11 CUP Page 424 of 520 Overhead Page 425 of 520 Overhead Page 426 of 520 Street View Page 427 of 520 Site Characteristics ➢3.35 acre commercial property ➢Located on the east side of Highland Ave. between E. 2nd Street and E. 4th St. ➢Existing 27,000 square-foot grocery store (Manolo Farmers Market) with parking area ➢Zoned Minor, Mixed-Use Corridor (MXC-1) ➢Surrounding area is a mix of commercial and residential uses ➢Existing CUP for beer and wine sales since 1990. Extended hours approved in 2000. Page 428 of 520 Proposal ➢The business proposes to upgrade their ABC license to sell distilled spirits in addition to beer and wine ➢Manolo Farmers Market has had ABC License (Type-20) since 1990 ➢Proposed hours of operation are from 7:00 a.m. to 10:00 p.m. daily ➢Previous CUP approved for 7:00 a.m. to 11:00 p.m. ➢Floor plan indicates the total area dedicated to alcohol sales ➢Existing beer and wine -408 square feet ➢Proposed distilled spirits located behind a sales counter -64 square feet Page 429 of 520 Floor Plan Distilled Spirits Beer Exit Exit Entrance Wine Page 430 of 520 Staff Analysis ➢NCMC 18.30.050 allows for alcohol sales for off-site consumption in the MXC-1 with approved CUP ➢Additional requirements related to alcohol CUPs: ➢Expanded Mailing –notice to owners/occupants within 660 ft. (737 total) ➢Community meeting –Applicant held July 8, 2024 –no attendees ➢Distance requirements –Not applicable with grocery stores ➢Census Tract 118.02–Currently has four off-sale licenses ➢Four are recommended by ABC ➢Applicant is one –no additional ➢Adhere to City Council Policy 707 ➢Addressed with standard conditions of approval Page 431 of 520 Comments Received: Police Department (PD) ➢Risk Assessment –given 11 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) ➢Recommendations ➢In-person Responsible Beverage Sales and Service (RBSS) training for all staff. ➢Daily litter removal and timely graffiti removal from areas under control of the licensee. ➢Post signs in both English and Spanish related to the sale of alcoholic beverages to persons under 21. ➢Post signs prohibiting open alcoholic beverage containers on the premises/loitering ➢Incorporated into conditions of approval Page 432 of 520 Recommended Conditions ➢Standard Conditions of Approval ➢Conditions specific to off-site alcohol sales per Council Policy 707 ➢Hours of operation ➢Responsible Beverage Service and Sales (RBSS) ➢Alcohol sales for off-site consumption to remain accessory ➢Application-specific conditions ➢Maintain conditions of existing CUP (2000-20) ➢IPS comments related to signage, graffiti, and litter ➢Distilled spirits to be stored in a lockable cabinet behind the sales counter Page 433 of 520 Floor Plan Distilled Spirits Beer Exit Exit Entrance Wine Page 434 of 520 Summary ➢Proposed use is consistent with the General Plan ➢Alcohol sales for off-site consumption are a conditionally-allowed use in MXC-1 zone ➢Alcohol sales would be accessory to the grocery store 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 comment Page 435 of 520 Options •Find project exempt from CEQA & approve 2024-11 CUP based on findings listed in the draft resolution / findings determined by the Commission; or •Find project not exempt from CEQA and/or deny 2024-11 CUP based on findings listed in the draft resolution / findings determined by the Commission; or •Continue the item for additional information •Staff recommending approval •Notice of Decision to City Council Page 436 of 520 Overhead Page 437 of 520 AGENDA REPORT Department: Planning Prepared by: David Welch, Associate Planner Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Notice of Decision – Planning Commission Approval of a Tentative Parcel Map (TPM) Dividing One Lot into Two with a Zone Variance (ZV) to Deviate from Setback Requirements on a Property Located at 1441 East 7th Street. RECOMMENDATION: Staff Recommends Approval of the Tentative Parcel Map and Zone Variance, Subject to the Recommended Conditions in Planning Commission Resolution No. 2024-16, and a Determination that the Project is Exempt from CEQA. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: On October 7, 2024, the Planning Commission recommended approval of the Tentative Parcel Map and Zone Variance by unanimous vote of members present. Ayes: Armenta, Castle, Forman, Miller, Sanchez, Valenzuela Nays: N/A Absent: Quinones EXPLANATION: The applicant proposes to subdivide an existing 11,475 square-foot parcel into two parcels. Parcel 1 will be 6,051 square feet in size, with a two-story primary residence and a two-story accessory dwelling unit (ADU). An exception is requested for reduced street frontage for Parcel 1. Parcel 2 will be 5,423 square feet in size and will include an existing single-family dwelling as well as a garage, which will be converted to an ADU. A Zone Variance is being requested for reduced rear yard setbacks on Parcels 1 and 2. Both lots will be accessed from East 7th Street. The Planning Commission conducted a public hearing on October 7, 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 $3,000 was paid with the submittal of the subject TPM and an application fee of $3,700 was paid with the submittal of the subject ZV. 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. In-Fill Development Projects. CCR 15332(c). Page 438 of 520 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 – 10/7/24 Planning Commission PowerPoint slides Page 439 of 520 Item no. 7 October 7, 2024 COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: PUBLIC HEARING – DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 32 OF THE CEQA GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS) AND TENTATIVE PARCEL MAP DIVIDING ONE LOT INTO TWO WITH A ZONE VARIANCE TO DEVIATE FROM SETBACK REQUIREMENTS ON A PROPERTY LOCATED AT 1441 EAST 7TH STREET. Case File No.: 2023-09 LS ZV Location: 1441 East 7th Street Assessor’s Parcel No.: 557-101-34-00 Staff report by: David Welch, Associate Planner Applicant: Raintree Residential, LLC – Robert Shapiro Zoning designation: Small Lot Residential (RS-2) Adjacent use and zoning: North: Small Lot Residential (RS-2) East: Residential (RM-2) South: Residential (RS-2) West: Residential (RS-2) Environmental review: The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and staff is recommending that the project be determined categorically exempt from environmental review pursuant to Class 32, Section 15332 (In-Fill Development Projects) for which a Page 440 of 520 Notice of Exemption will be filed subsequent to approval of this Tentative Parcel Map and Zone Variance. Staff recommendation: Approve Page 441 of 520 Planning Commission Meeting of October 7, 2024 Page 1 Staff Recommendation Staff recommends approval of the Tentative Parcel Map (TPM) and Zone Variance (ZV) and exception for the subdivision of one parcel into two, subject to the recommended conditions in the attached resolution and a determination that the project is exempt from CEQA. The lot spilt will allow for development of two additional residential units. The project is consistent with the General Plan and Subdivision Ordinance with the approval of the variance and exception. Executive Summary The applicant proposes to subdivide an existing 11,475 square-foot parcel into two parcels. Parcel 1 will be 6,051 square feet in size, with a two-story primary residence and a two-story accessory dwelling unit (ADU). An exception is requested for reduced street frontage for Parcel 1. Parcel 2 will be 5,423 square feet in area and will include an existing single-family dwelling as well as a garage, which will be converted to an ADU. A variance is being requested for a reduced setback on Parcel 2. Both lots will be accessed from East 7th Street. Site Characteristics The 11,475 square-foot property is located west of Palm Avenue on the north side of East 7th Street. The lot has a width of 85 feet and a depth of 135 feet. This property and the surrounding area is zoned RS-2 and it is currently developed with a single-family home and detached garage. Some of the surrounding lots are developed with two to three units. East 7th street ends in a cul-de-sac to the west where there is a steep downward slope. The properties on the north side of the street, including the subject site, slope down to their rear property lines, forming canyon-like topography. Between the southeast corner and the northwest corner of the site there is a 17-foot difference in grade. The existing house and garage occupy the higher ground of the lot and are oriented slightly closer to the southeast corner. There is a driveway curb cut on the east side of the front property line. Proposed Use The applicant proposes to subdivide the existing 11,475 square foot parcel into two parcels. Parcel 1 will be 6,051 square feet in size and is proposed to have a two-story single-family residence and detached two-story ADU. Parcel 2 will be 5,423 square feet in size and will be occupied by a single-family residence and garage, which are to remain. Page 442 of 520 Planning Commission Meeting of October 7, 2024 Page 2 Subdivision of the property into two lots is proposed as follows: Parcel 1 will have 16 feet of frontage on East 7th Street and will be 135 feet deep. The area will be approximately 6,051 square feet. The parcel will have a “flag” configuration and, excluding the driveway, is about 85 feet wide by 56 feet deep. The front setback and side setbacks of 20 feet and five feet are in conformance with the standards of the RS-2 zone. A variance for a rear setback of 10 feet is requested for the proposed single-family home, which is reduced from the standard of 25 feet. Parcel 2 will have 69 feet of frontage on East 7th Street and will be approximately 79 feet deep. The area will be approximately 5,423 square feet. The parcel is rectilinear in shape, except for a 10-foot radius curve on the northwest corner to accommodate the proposed driveway for Parcel 1. With the exception of the rear yard setback, the existing house and garage on Parcel 2 are in conformance with the standards of the RS-2 zone. Both structures will remain. A variance is being requested for a seven-foot rear yard setback. Analysis General Plan This project contributes to infill development, which is encouraged by the General Plan: Policy LU 4.3: Promote infill development, redevelopment, rehabilitation, and reuse efforts that contribute positively to existing neighborhoods and surrounding areas. The proposal also provides an additional home ownership opportunity, which is consistent with the City’s Housing Element. The General Plan Land Use map designates the property as Low-Medium Residential, which specifies a maximum density of 9 units per acre. Subdivision Ordinance The Subdivision Ordinance has requirements for dedications, improvements, design standards, and conformance with the Land Use Code. The proposed parcel map is on an established block where existing development fronts East 7th Street. No additional public streets are required to be dedicated for the proposed Page 443 of 520 Planning Commission Meeting of October 7, 2024 Page 3 lot configuration, which can be adequately served with the existing frontage along East 7th Street. The Engineering Department provided comments, which are included in the conditions of approval, related to additional improvements that may be required. The proposed lots are regular in shape, as required by the Subdivision Ordinance. Land Use Code The RS-2 zone has a minimum lot area requirement of 5,000 square feet, which will be met by both parcels proposed with the lot split. With the exception of rear yard setback requirements and minimum street frontage, all other development standards will be met within the resulting properties. The proposed uses of the parcels, a single-family residence and accessory dwelling on Parcel 1 and an existing house and detached garage on Parcel 2, are permitted in the zone. An exception, pursuant to Section 17.07.060 of the Subdivision Ordinance is requested for a reduced street frontage for Parcel 1. The parcel will have 16 feet of frontage along East 7th Street, which is less than the required 50 feet. The Subdivision Ordinance allows for exceptions with the following findings: 1. The property to be divided is of such size, shape, or is affected by such topographic conditions that it is impossible or impractical in the particular case to conform fully to the subdivision requirements. 2. The exception will not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity. 3. Granting of the exception in in accordance with the intent and purposes of Title 17 and is consistent with the General Plan and with all applicable specific plans or other plans of the city. The subject property is affected by both topographic conditions and a size and shape that would not permit a practical development that conforms with requirements related to minimum street frontage. The lot is only 85 feet in width and it would be impossible to split into two parcels with the required 50 feet of frontage along East 7th Street. Furthermore, the 17-foot grade change on the property poses a challenge to practical development. The steepest section of the lot is on the west side of the existing house and the proposed lot configuration utilizes the back end of the property to avoid constructing in this area. While Parcel 1 proposes a reduced street frontage, it allows for the construction of a single-family dwelling in a location accessible to the Fire Department. The proposed lot split will not result in lots smaller than the required minimum lot area Page 444 of 520 Planning Commission Meeting of October 7, 2024 Page 4 and the resulting density is consistent with the General Plan. The property is not located within a specific plan. A variance is being requested for reduced rear yard setbacks for the proposed parcels. In this instance, the granting of an exception would not be appropriate because the setbacks are related to both the creation of the parcels and the location of the existing and proposed structures. For the granting of a variance the following findings shall be made: 1. The variance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. 2. Any variance granted shall be subject to such conditions as will assure the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. 3. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The subject property has a size and shape that is insufficient for conformance with all setback regulations for the two proposed parcels. If wider, the property could have been split into two 135-foot deep lots, which would have allowed for practical development adhering to front and rear yard setback requirements of the RS-2 zone. However, as discussed above, the width and topography of the lot does not allow for this configuration. Due to these conditions, the proposed configuration is to have one parcel in the front of the property and one at the rear. The 135-foot depth of the property results in constrained front and rear yard setbacks when applied to two parcels. Of the 135 feet in depth, all but 60 feet would be dedicated to the front, side, and rear setbacks required by the RS-2 zone. Therefore, both proposed parcels would have constrained development sites due to the overall depth of the lot. The request for reduced rear yard setbacks of 10 feet on Parcel 1 and seven feet on Parcel 2 will grant necessary relief to provide practical development sites. In addition, existing development along East 7th Street has reduced rear yard setbacks, and therefore, the applicant will not be granted a special privilege. The proposed single-family use of the proposed parcels is permitted in the RS-2 zone. Page 445 of 520 Planning Commission Meeting of October 7, 2024 Page 5 Mailing All property owners and occupants within a distance of 300 feet of the property are required to be notified of a public hearing for TPM and ZV applications. Notice of this public hearing was sent to 67 occupants and owners. As of the writing of this staff report, no public comment was received as part of this public hearing notice. CEQA The project as proposed qualifies for a Categorical Exemption under Class 32, Section 15332 of CEQA (In-Fill Development Projects). Class 32 consists of projects characterized as in-fill development meeting the conditions described as follows: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value, as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services. With the approval of an exception and Zone Variance, this project can be found to be consistent with all applicable general plan policies as well as the regulations of the RS-2 zone. The site is less than five acres and located in an urbanized area with no value as habitat for endangered, rare or threatened species. The project proposes a single-family home and an accessory unit and will have no possibility for significant impacts relating to traffic, noise, air quality, or water quality. Conditions of approval will require the site to be adequately served by all required utilities and public services. Required Findings The Subdivision Map Act contains nine required findings for Tentative Parcel Maps: 1. The proposed map is consistent with the National City General Plan. Page 446 of 520 Planning Commission Meeting of October 7, 2024 Page 6 The proposed single-family subdivision, at a density of 7.6 units per acre, is consistent with the Low-Medium Residential land use designation, which specifies a maximum density of 9 units per acre. 2. The site is physically suitable for the proposed type of development. With the provision of adequate grading and retaining walls, a residential project can be located on Parcel 1 with a level building pad. Parcel 2 is occupied by existing development. 3. The site is physically suitable for the proposed density of development. The new parcel can accommodate the proposed residential development and would meet the prescribed density for the area. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There is no natural habitat or body of water present nearby or on-site. The property is surrounded by urban development. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems. All necessary public services will be provided, as required by approvals required for new construction. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. Existing easements will be maintained and not be encroached upon. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board Page 447 of 520 Planning Commission Meeting of October 7, 2024 Page 7 pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. Discharge of sewerage waste will be addressed through a sewer permit, which is required as part of construction of a future home. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. The project will provide for additional units as well as an additional homeownership opportunity, which is consistent with and encouraged by the City’s Housing Element. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. All new construction proposed in the future will be in compliance with the California Building Code, which takes such factors into consideration. The Subdivision Ordinance contains three required findings for the granting of an exception: 10. The property to be divided is of such size, shape, or is affected by such topographic conditions that it is impossible or impractical in the particular case to conform fully to the subdivision requirements. The subject property is affecting by both topographic conditions and a size and shape that would not permit a practical development that conforms with requirements related to minimum street frontage. The lot is only 85 feet in width and is not able to be split into two parcels with the required 50 feet of frontage along East 7th Street. Furthermore, the 17-foot grade change on the property would make development impractical where the slope is steepest. Page 448 of 520 Planning Commission Meeting of October 7, 2024 Page 8 11. The exception will not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity. The proposed lot split will result in parcels with adequate access for emergency services and public utilities. 12. Granting of the exception in in accordance with the intent and purposes of Title 17 and is consistent with the General Plan and with all applicable specific plans or other plans of the city. The proposed lot split is in conformance with the residential densities prescribed by the General Plan. The property is not located within a specific plan area. The Land Use Code contains three required findings for the granting of a Zone Variance: 13. The variance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The property has a size and shape that is insufficient for conformance with all setback required by the Small Lot Residential (RS-2) zone. The 135-foot depth of the property provides inadequate space for front and rear yard setbacks for the proposed parcels. 14. Any variance granted shall be subject to such conditions as will assure the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. Existing development within the zone and vicinity is constructed with less than the required rear yard setback. The requested reduction of rear yard setback requirements with result in development consistent with the surrounding area. 15. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. Page 449 of 520 Planning Commission Meeting of October 7, 2024 Page 9 The proposed parcels will be occupied by single-family residential development, a permitted use in the RS-2 zone. An additional finding has been included with regard to compliance with the California Environmental Quality Act (CEQA), which is as follows: 16. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and the project has been determined to be categorically exempt from environmental review pursuant to Class 32, Section 15332 (In-fill Development Projects) for which a Notice of Exemption will be filed subsequent to approval of this Tentative Parcel Map. With the approval of an exception and Zone Variance, this project can be found to be consistent with all applicable general plan policies as well as the regulations of the RS-2 zone. The site is less than five acres and located in an urbanized area with no value as habitat for endangered, rare or threatened species. The project proposes a single-family home and an accessory unit and will have no possibility for significant impacts relating to traffic, noise, air quality, or water quality. Conditions of approval will require the site to be adequately served by all required utilities and public services. Department Comments and Conditions of Approval Comments were received from the Engineering and Fire Departments. Standard requirements related to tentative maps, final map procedures, and improvements were provided by the Engineering Department. Fire Department comments addressed access and other requirements from the California Fire Code. Comments have been incorporated as conditions of approval as well general conditions related to new development and tentative maps. Summary The subject property has sufficient area to divide into two parcels that exceed minimum lot area requirements of the underlying zone. Due to the topography and the size and shape of the property an exception and Zone Variance are requested for the proposed map to be found in conformance with all the requirements of the Subdivision Ordinance and Land Use Code. The requests are necessary for the practical development of the property and to resulting map would allow for new development consistent with the prescribed density and policies of the General Plan. Page 450 of 520 Planning Commission Meeting of October 7, 2024 Page 10 Options 1. Find the project exempt from CEQA under Class 32 of the CEQA Guidelines Section 15332 or other exemption and approve 2023-09 LS ZV subject to the conditions included in the Resolution, or other conditions, and based on the findings included in the Resolution, or other findings to be determined by the Planning Commission; or, 2. Find the project not exempt from CEQA and/or deny 2023-09 LS ZV 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 Resolution 2. Overhead 3. Site Photos 4. Applicant's Plans (Exhibit A, Case File No. 2023-09 LS ZV, dated 9/24/2024) 5. Public Hearing Notice (Sent to 67 property owners & occupants) Page 451 of 520 ATTACHMENT 1 RESOLUTION NO. 2024-16 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 32 OF THE CEQA GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS) AND APPROVING A TENTATIVE PARCEL MAP DIVIDING ONE LOT INTO TWO WITH A ZONE VARIANCE TO DEVIATE FROM SETBACK REQUIREMENTS ON A PROPERTY LOCATED AT 1441 EAST 7TH STREET. CASE FILE NO. 2023-09 LS ZV APN: 557-101-34 WHEREAS, the Planning Commission of the City of National City considered a Tentative Parcel Map dividing one lot into two with a Zone Variance at a property located at 1441 East 7th Street at a duly advertised public hearing held on October 7, 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. 2023-09 LS ZV 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 October 7, 2024, support the following findings: 1. The proposed map is consistent with the National City General Plan because the proposed single-family subdivision, at a density of 7.6 units per acre, is consistent with the Low-Medium Residential land use designation, which specifies a maximum density of 9 units per acre. 2. The site is physically suitable for the proposed type of development because, with the provision of adequate grading and retaining walls, a residential project can be located on Parcel 1 with a level building pad. Parcel 2 is occupied by existing development. Page 452 of 520 3. The site is physically suitable for the proposed density of development because the new parcel can accommodate the proposed residential development and would meet the prescribed density for the area. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because there is no natural habitat or body of water present nearby or on-site. The property is surrounded by urban development. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems because all necessary public services will be provided, as required by approvals required for new construction. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision because existing easements will be maintained and not be encroached upon. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6 because discharge of sewerage waste will be addressed through a sewer permit, which is required as part of construction of a future home. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources because the project will provide for additional units as well as an additional homeownership opportunity, which is consistent with and encouraged by the City’s Housing Element. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage because all new construction proposed in the future will be in compliance with the California Building Code, which takes such factors into consideration. 10. The property to be divided is of such size, shape, or is affected by such topographic conditions that it is impossible or impractical in the particular case to conform fully to Page 453 of 520 the subdivision requirements because the subject property is affecting by both topographic conditions and a size and shape that would not permit a practical development that conforms with requirements related to minimum street frontage because the lot is only 85 feet in width and is not able to be split into two parcels with the required 50 feet of frontage along East 7th Street. Furthermore, the 17-foot grade change on the property would make development impractical where the slope is steepest. 11. The exception will not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity because the proposed lot split will result in parcels with adequate access for emergency services and public utilities. 12. Granting of the exception is in accordance with the intent and purposes of Title 17 and is consistent with the General Plan and with all applicable specific plans or other plans of the city because the proposed lot split is in conformance with the residential densities prescribed by the General Plan. The property is not located within a specific plan area. 13. The strict application of Title 18 deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification because the property has a size and shape that is insufficient for conformance with all setback required by the Small Lot Residential (RS-2) zone. The 135-foot depth of the property provides inadequate space for front and rear yard setbacks for the proposed parcels. 14. The variance granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated because existing development within the zone and vicinity is constructed with less than the required rear yard setback. The requested reduction of rear yard setback requirements with result in development consistent with the surrounding area. 15. The variance granted does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property because the proposed parcels will be occupied by single-family residential development, a permitted use in the RS-2 zone. 16. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and the project has been determined to be categorically exempt from environmental review pursuant to Class 32, Section Page 454 of 520 15332 (In-fill Development Projects) for which a Notice of Exemption will be filed subsequent to approval of this Tentative Parcel Map. BE IT FURTHER RESOLVED that the application for a Tentative Parcel Map and Zone Variance is approved subject to the following conditions: General 1. This Tentative Parcel Map and Zone Variance authorizes the creation of two new parcels from one existing parcel with reduced street frontage and rear yard setbacks on a property located at 1441 East 7th Street. Except as required by Conditions of Approval, all plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2023-09 LS ZV, dated 9/24/2024. 2. Before this Tentative Parcel Map and Zone Variance 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 Tentative Map and Zone Variance. 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 Tentative Map and Zone Variance 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. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 6:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code §17.04.070. Building 4. Plans submitted for any construction improvements shall comply with the 2022 edition of the California Building, Mechanical, Electrical, Plumbing, Accessibility, Green, Energy and Fire Codes. Engineering 5. The parcel map shall include full and accurate information required by the Tentative Parcel Map Checklist: 1. Tentative Parcel Map Checklist a. Form and Content Page 455 of 520 i. Scale: 1” = 100’ (1cm = 10m) minimum with north arrow ii. Title: Tentative Parcel Map iii. Legal description: Sufficient to define map boundaries iv. Tax Assessor’s Parcel Number(s) v. Owner’s name, address, telephone number and signature vi. Applicant’s name, address, telephone number (if other than owner) vii. Civil engineer’s or land surveyor’s name, address, telephone number and registration or license number viii. Source of water supply ix. Method of sewage disposal x. Zoning – existing and proposed xi. Proposed usage of each parcel xii. Gross area (acres and square feet) xiii. Reference to topographic source xiv. Grading – statement if no grading proposed xv. Date of preparation and number and dates of any revision xvi. Vicinity map with north arrow and scale b. Map Data i. North arrow with scale (min. 1” = 100’) ii. Boundaries 1. Fully dimensioned 2. Proposed as solid lines, existing as dashed lines 3. City/County boundaries identified 4. Approximate Curve Information – deltas, radii, lengths 5. Inundation lines for design flood iii. Existing 1. Highways, streets, roads – names, grades, widths, if private designated as such 2. Sidewalks, pavement, curbs, and gutters, street lights, driveways iv. Utilities 1. Sewer – location, size, type, depth manholes 2. Water – location, size, type 3. Gas – location, size 4. Electrical, telephone, cable, TV lines – location, size, type, poles, overhead or underground 5. Water courses – widths, directions of flow 6. Buildings/Structures – location with respect to lot lines 7. Trees – groves, orchards and trees of trunk diameter 4” (10cm) or more shown 8. Contours – maximum 5’ (2m) interval 9. Easements – location, purpose, size, public or private v. Proposed 1. Highways, streets, roads – names, grades, widths, and if to be private designated as such 2. Sidewalks, curbs and gutters, driveways 3. Sewers – location, size, type, manholes 4. Drainage facilities 5. Removal or relocation of existing buildings and location of any proposed buildings 6. Removal of existing trees 7. Grading – degree of slope, benches, retaining walls, pad elevations Page 456 of 520 8. Easements – location, purpose, size, public or private vi. Parcels 1. Approximate dimensions 2. Numbered in consecutive order 3. Net area of each parcel (acres or square feet) 6. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 7. The Storm Water BMP Requirements Applicability Form I-1 and if required I-2 checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Division web site at the link below*. If it is determined that the project is subject to the “Priority Project Permanent Storm Water BMP Requirements” and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. *http://www.nationalcityca.gov/city-government/engineering-public- works/engineering-division/online-services-forms-fees. 8. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 9. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 10. All existing and proposed curb inlet on property shall be provided with a “No Dumping” signage in accordance with the NPDES program. 11. A hydromodification plan or a letter sealed and signed by the Engineer of Work explaining why the project is exempt from hydromodification requirements shall be submitted. 12. A grading and drainage plan shall be submitted showing all of the proposed and existing on-site and off-site improvements. The plan shall be prepared in accordance with the City’s standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such Page 457 of 520 devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A check list for preparation of the grading plan/drainage plan is available at the Engineering Department. 13. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp “S” shall be provided on the curb to mark the location of the lateral. 14. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 15. A soils engineering report shall be submitted for the Engineering Department’s review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 16. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 17. All NEW dwellings are subject to Development Impact Fee according to the current fee schedule at the time of Permit issuance. This includes new homes, condos and apartments. 18. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 19. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall be remove and relocate all irrigation items from the public right-of-way Page 458 of 520 at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 20. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 21. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. Specifically All missing sidewalk shall be installed and all curb and gutter replaced. 22. Street pavement repair will be required. The work shall be as follows: The existing sewer trench in E. 7TH Street shall be ground and a new 2 inch AC cap placed. All that portion of E. 7th Street affected by the trenching shall be capped in accordance with National City Standards for streets. 23. The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers, or other approved methods. 24. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 25. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 26. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 27. All electrical, telephone and similar distribution service wires for the new structure(s) shall be placed underground. 28. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 29. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 30. Separate water and sewer laterals shall be provided to each lot/parcel. 31. The developer shall bond for the monumentation, the public improvements and the on-site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 32. SUSMP documentation must be submitted and approved. 33. The final map shall be recorded prior to issuance of any building permit. 34. All new property line survey monuments shall be set on private property, unless otherwise approved. Page 459 of 520 35. The parcel map/final map shall use the California Coordinate System for its “Basis of Bearings” and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. Fire 36. The project shall be designed to code. 37. The National City Fire Department utilizes all current codes and ordinances. Currently, we are using the 2022 editions of the California Fire Code, National City Fire Protection Association, and the City of National City Municipal Codes. 38. Fire sprinkler shall be evaluated and installed for intended use per code on both new structures. 39. Parking shall not impact requirements for Fire Department foot access to rear of new home and ADU. 40. The fire code official shall have the authority to require or permit modifications to the required access widths where they are inadequate for fire rescue operations or where necessary to meet the public safety objectives of the jurisdiction. 41. If entrance/exit gates are used, they shall be equipped with a Knox Box. Please contact the National City Fire Department for exact field location. 42. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of the code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 43. Should any plan corrections be required, contractor must correct the plan and re-submit to the Fire Department for approval once again prior to installation. Planning 44. Any plans submitted for construction shall be in conformance with all applicable development codes, including design, parking, and landscaping. Indemnification Agreement The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this Page 460 of 520 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 October 7, 2024, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ________________________ CHAIRPERSON Page 461 of 520 ATTACHMENT 2 2023-09 LS ZV – 1441 E. 7th Street. – Overhead Page 462 of 520 ATTACHMENT 3 2023-12 CUP – 1638 E. Plaza Blvd. – Site Photos FRONT YARD Page 463 of 520 ATTACHMENT 3 REAR OF LOT Page 464 of 520 PARCEL 1 GROSS 6,051 SF NET 6,051 SF PARCEL 2 GROSS 5,423 SF NET 5,423SF E 7TH STREET 607 Aldwych Road, El Cajon, CA 92020 (619) 588-6747 Walsh Engineering & Surveying, Inc.LAWRENCE W. WALSH DATE 46316L AW R E N C E W . W AL S H CI V I L S T A TE OF C A L I F O R N IA R E GISTE R E D P R O F ESSIO N A L E N G I N EER 0 SCALE: 1"= 60'40'20'10'20' 20' TENTATIVE PARCEL MAP NO. LAND DIVISION STATEMENT / OWNER'S CERTIFICATE VICINITY MAP NO SCALE N SITE EASEMENT NOTES: N E 4TH S T R E E T P A L M A V E N U E E 7TH 805 STREE T EXHIBIT A CASE FILE NO.: 2023-09 LS ZV DATE: 9/24/2024 ATTACHMENT 4 Page 465 of 520 PARCEL 1 GROSS 6,051 SF NET 6,051 SF PARCEL 2 GROSS 5,423 SF NET 5,423SF SETBACKS 0 SCALE: 1"= 60'40'20'10'20' 20' N Page 466 of 520 YARD TREES (24" BOX) TREES SHRUBS ACCENT SHRUBS (5 GAL) SCREENING SHRUBS (1 GAL-5 GAL) MASSING SHRUBS (1 GAL-5 GAL) VEGETATIVE GROUND COVERS GROUND COVERS Preliminary Plant Legend Botanical Name Common Name WUCOLS Zone 3 NON-VEGETATIVE GROUND COVERS Hydrozone Legend EX. HOUSE TO REMAIN ADU-1 ADU-22ND DWELLING PARCEL 2 PARCEL 1 E. 7 TH STREET P.L. P.L. P. L . P.L. P. L . EX. HOUSE TO REMAIN ADU-1 ADU-22ND DWELLING PARCEL 2 PARCEL 1 E. 7 TH STREET P.L. P.L. P. L . P.L. P. L . 1441 E. 7th Street Development North Existing Fencing to remain May 23, 2023 Scale 1" = 20' 20'10'0 40'00 Landscape Concept Plan Existing Fencing to remain Bark Mulch Path to utilities (typ.) Proposed Driveway Property line Existing Landscape to remain (typ.) Proposed Retaining Wall Private Rear Yard Landscaping (typ.) Existing 42" ht. Wood Fence to remain Barek Mulch Path to Gate (typ.) County of San Diego, Planning & Development Services WATER EFFICIENT LANDSCAPE WORKSHEET Hydrozone Map LANDSCAPE CALCULATIONS TOTAL SITE AREA - PARCEL ONE 5,858 S.F. TOTAL LANDSCAPE AREA - PARCEL ONE 1,450 S.F. % OF PARCEL ONE SITE LANDSCAPED 24.7% For Reference Only 1 9 5 1 4 t h A v e n u e, S u i t e 3 0 2 San Diego, CA 92101 (619) 718-9660 l a n d s c a p e a r c h i t e c t u r e E DO A H C ISSO A T AW R S r l a 2 6 8 1 Landscape Concept Plan Existing Fencing to remain Proposed 6' ht. Wood Yard Fence (typ.) Existing Landscaping to remain (typ.) Existing Concrete Driveway to remainProposed 42" ht. Wood Fence Retaining Wall per Civil Eng's plans (typ.) APN 557-101-34 PROJECT ADDRESS: 1441 E. 7TH STREET NATIONAL CITY, CA 91950 Existing Mature Tree to remain: Ficus benjamina / Weeping Fig 30" caliper Existing Mature Tree to remain: Cupaniopsis anacardioides / Carrotwood - 20" caliper Existing 42" ht. Wood Fence to remain Page 467 of 520 ATTACHMENT 5 NOTICE OF PUBLIC HEARING DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 32 OF THE CEQA GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS) AND TENTATIVE PARCEL MAP DIVIDING ONE LOT INTO TWO WITH A ZONE VARIANCE TO DEVIATE FROM SETBACK REQUIREMENTS ON A PROPERTY LOCATED AT 1441 EAST 7TH STREET CASE FILE NO.: 2023-09 LS ZV APN: 557-101-34-00 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, October 7, 2024, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Raintree Residential, LLC-Robert Shapiro) The applicant proposes to subdivide an existing 11,475 square-foot parcel into two parcels. Parcel 1 will be 6,051 square feet in size, with a two-story primary residence and a two-story accessory dwelling unit (ADU). An exception is requested for reduced street frontage for Parcel 1. Parcel 2 will be 5,423 square feet in size and will include an existing single-family dwelling as well as a garage, which will be converted to an ADU. A Zone Variance is being requested for a reduced setback on Parcel 2. Both lots will be accessed from East 7th Street. The Planning Commission will also consider the staff determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 32, Section 15332 (In-Fill Development Projects). Information is available for review at the City’s Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 2:00 p.m., October 7, 2024 by submitting it to PlcPubComment@nationalcityca.gov. Planning staff can be contacted at 619-336-4310 or planning@nationalcityca.gov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Page 468 of 520 Public Hearing TENTATIVE PARCEL MAP DIVIDING ONE LOT INTO TWO WITH A ZONE VARIANCE TO DEVIATE FROM SETBACKS ON A PROPERTY LOCATED AT 1441 EAST 7TH STREET. Page 469 of 520 Site Characteristics • 1441 EAST 7TH STREET • RS-2 (Small Lot Residential) • 11,475 square-foot property • Width of 85 feet; depth of 135 feet • Frontage on East 7 th Street • Developed with a single-family home and detached garage • The site is sloped with a 17-foot difference in grade • Surrounding development is residential • Lots with 1-3 units Page 470 of 520 Overhead Page 471 of 520 Overhead Page 472 of 520 Site Photos Page 473 of 520 Site Photos Page 474 of 520 Proposal • TENTATIVE PARCEL MAP DIVIDING ONE LOT INTO TWO •Parcel 1 • 6,051 square feet • 16 feet of frontage, exception requested • Rear yard setback of 10 feet • Proposed single-family home and detached ADU •Parcel 2 • 5,423 square feet • 69 feet of frontage • Rear yard setback of 7 feet • Existing home and detached garage; garage to be converted to ADU Page 475 of 520 Parcel Map Page 476 of 520 Setbacks 5’ side 5’ side 5’ side 20’ front 10’ rear 7’ rear 5’ side 5’ side 20’ front Page 477 of 520 Analysis • PROPOSAL CONSISTENT WITH GENERAL PLAN • Policy LU 4.3 • Promote infill development, redevelopment, rehabilitation, and reuse efforts that contribute positively to existing neighborhoods and surrounding areas. • Housing Element • Homeownership opportunity • Density • Low-Medium Density Residential land use designation • Up to nine dwelling units per acre • Project density is 7.6 units per acre Page 478 of 520 Analysis (cont.) • PROPOSAL CONSISTENT WITH SUBDIVISION ORDINANCE • Title 17 has requirements for dedications, improvements, design standards, and conformance with Title 18 (Land Use Code) • The site is on an established block with existing development fronting East 7th Street. No additional public streets are required to be dedicated. • Required improvements are included as conditions of approval from the Engineering Department. • Exception required for deviation from the street frontage requirement Page 479 of 520 Analysis (cont.) • PROPOSAL CONSISTENT WITH LAND USE CODE •Use • The RS-2 zone permits single-family residential uses. • Density • 6-9 dwelling units per acre; 7.6 proposed • Development standards • Minimum lot area of 5,000 square feet • Minimum street frontage of 50 feet • Setback requirements Page 480 of 520 Analysis (cont.) • PROPOSAL CONSISTENT WITH LAND USE CODE • Minimum street frontage of 50 feet • Exception: • Property has such a size, shape, or topographic conditions that it is impossible or impractical to fully conform to subdivision requirements. • The exception will not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity. • Granting of the exception in in accordance with the intent and purposes of Title 17 and is consistent with the General Plan and with all applicable specific plans or other plans of the city. Page 481 of 520 Analysis (cont.) • PROPOSAL CONSISTENT WITH LAND USE CODE • Minimum street frontage of 50 feet • Exception: • The lot is 85 feet in width and would not be able to meet minimum frontage for two lots. • The topography of the site would make it difficult to develop in certain locations. The “flag lot” configuration allows for a development site in a more suitable location. • Project is conditioned to meet all applicable development standards. • Project is consistent with the General Plan and not located within a Specific Plan. Page 482 of 520 Analysis (cont.) • PROPOSAL CONSISTENT WITH LAND USE CODE • Rear yard setback of 25 feet • Variance: • The variance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. • Shall not grant a special privilege inconsistent with the limitations on other properties in the vicinity and zone. • Shall not be granted for a use or activity not authorized in the zone. Page 483 of 520 Analysis (cont.) • PROPOSAL CONSISTENT WITH LAND USE CODE • Rear yard setback of 25 feet • Variance: • The subject property has a size and shape that is insufficient for conformance with all setback requirements for the two proposed parcels. • Lacks sufficient width to create two 135-foot deep parcels; topography also would have made this configuration less practical • The configuration with one property in the front and one in the rear leads to overly-restrictive setback requirements. All but 60 feet of the depth of the lot would be dedicated to setback requirements. • The request for a 10-foot rear yard setback for Parcel 1 and a 7-foot rear yard setback for Parcel 2 grants necessary relief to provide practical development sites. • Existing development on E. 7 th Street has reduced setbacks. • Project proposes a single-family use permitted in the RS-2 zone. Page 484 of 520 Setbacks 5’ side 5’ side 5’ side 20’ front 10’ rear 7’ rear 5’ side 5’ side 20’ front Page 485 of 520 California Environmental Quality Act (CEQA) • DETERMINE TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO CLASS 32, SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS) • Notice of exemption will be filed subsequent to an approval Page 486 of 520 Conditions / Summary • CONDITIONS OF APPROVAL • Comments from Engineering and Fire • Required right-of-way improvements • Final map requirements • Applicable codes • PROPOSED USE CONSISTENT WITH GENERAL PLAN • Project is consistent with General Plan and LUC with granting of the requested exception and variance. Page 487 of 520 Options • FIND PROJECT EXEMPT FROM CEQA & APPROVE TENTATIVE PARCEL MAP AND ZONE VARIANCE BASED ON FINDINGS LISTED IN THE DRAFT RESOLUTION / FINDINGS DETERMINED BY THE COMMISSION; OR • FIND PROJECT NOT EXEMPT FROM CEQA AND/OR DENY TENTATIVE PARCEL MAP AND ZONE VARIANCE BASED ON FINDINGS DETERMINED BY THE COMMISSION; OR • CONTINUE THE ITEM FOR ADDITIONAL INFORMATION • STAFF RECOMMENDING APPROVAL • RECOMMENDATION TO CITY COUNCIL Page 488 of 520 AGENDA REPORT Department: Engineering & Public Works Prepared by: Stephen Manganiello, Director of Public Works/City Engineer Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Service Agreement with County of San Diego for Euclid Avenue Roadway Resurfacing RECOMMENDATION: Adopt a Resolution entitled, “Resolution of the City Council of the City National City, California, Authorizing the Mayor to Execute a Service Agreement with the County of San Diego for Roadway Resurfacing of Euclid Avenue Between Sweetwater Road and 24th Street in the Amount of $112,960.42.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: On June 10, 2024, the County of San Diego Public Works Department (County DPW) notified the City of National City’s Director of Public Works of an opportunity to participate in the County’s Annual Roadway Resurfacing Program for portions of Euclid Avenue that cross jurisdictional boundaries. As shown in Exhibit A, the County is proposing to resurface Euclid Avenue between Sweetwater Road and 24th Street, which includes a short 0.06-mile segment within the jurisdictional boundaries of National City. By executing the attached agreement, the City would be able to take advantage of competitive pricing by adding the smaller National City segment to the larger County project. City staff has reviewed the Agreement and cost proposal, which is competitive given current bid pricing for similar work, and recommends City Council approval in the amount of $112,960.42. This amount includes a 20% construction contingency and applicable soft costs for preparation of plans, specifications and estimates (PS&E), construction management, inspections, construction survey, materials testing, and contract administration. Should unforeseen circumstances arise which result in an increase of costs in excess of the authorized amount, staff shall return to City Council to amend the Agreement. County DPW is currently scheduled to go to the County Board of Supervisors for approval by December 2024 and start construction in Summer 2025. FINANCIAL STATEMENT: Funding available through prior City Council CIP appropriations for Street Resurfacing. Expenditure Account No. 307-10-18-18500-7598-6035307 (Street Resurfacing): $112,960.42 RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Transportation Choices and Infrastructure Page 489 of 520 ENVIRONMENTAL REVIEW: Per the Agreement, the County of San Diego, acting as the Lead Agency, is responsible for ensuring the Project complies with CEQA. PUBLIC NOTIFICATION: The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Agreement with Exhibits Exhibit B – Resolution Page 490 of 520 Page 1 of 7 SERVICE AGREEMENT BY AND BETWEEN COUNTY OF SAN DIEGO AND CITY OF NATIONAL CITY FOR EUCLID AVENUE ROADWAY RESURFACING This Service Agreement for the Euclid Avenue Roadway Resurfacing project ("Agreement") is entered into this ___ day of _______, 2024, by and between the County of San Diego, a political subdivision of the State of California (hereinafter "COUNTY"), and the City of National City, a municipal corporation (hereinafter "CITY"), for roadway resurfacing of portions of Euclid Avenue located within the jurisdictional boundaries of CITY. The COUNTY and CITY are sometimes hereinafter referred to individually as the "Party" and collectively as the "Parties". A. Pursuant to Government Code section 54981 the legislative body of the CITY is authorized to contract with the legislative body of the COUNTY for the performance of municipal services within the territory of the CITY. B. The COUNTY currently has a roadway resurfacing project for Euclid Avenue from Sweetwater Road northeast to end of COUNTY limits, and from beginning of COUNTY limits north to 24th Street, approximately 0.51 miles, which excludes work outside of the COUNTY'S jurisdiction (“COUNTY PROJECT”). C. The CITY currently has jurisdiction over an approximately 1,220 foot (0.06 mile) section of Euclid Avenue, from end of COUNTY limits south, to 250 feet north of the intersection of Euclid Avenue and Sweetwater Road, south of the COUNTY PROJECT. D. COUNTY and CITY have mutually agreed that the CITY’s 0.06 mile portion of Euclid Avenue is in need of roadway resurfacing. E. The CITY limit is either side of the COUNTY PROJECT, as depicted on "Exhibit A", which is attached hereto and incorporated by this reference. All improvements being proposed within CITY limits shall be referred to as CITY PROJECT. F. The roadway resurfacing on Euclid Avenue will consist of asphalt concrete mill and inlay. The existing surface will be milled to a depth of two inches (2”) to remove surface distresses and irregularities. Two inches (2”) of asphalt concrete will then be placed within the milled section. Incidental work will include and not be limited to repair of base failures (digouts), dike replacement, utility coordination and striping the roadway. G. COUNTY and CITY desire to have one agency take the lead role in the implementation of the roadway improvements in an interest to coordinate the improvements located in the two jurisdictions and to reduce overall costs by processing the two separate jurisdictional improvements as one project. H. COUNTY will provide the administrative, technical, managerial, and support services necessary for the implementation of the CITY PROJECT. The CITY will fund project work up to an amount of one hundred and twelve thousand, nine hundred and sixty dollars and forty-two cents ($112,960.42), as Page 491 of 520 Page 2 of 7 well as changes to the CITY PROJECT completed with prior CITY approval. COUNTY will fund one hundred percent (100%) of the cost of the COUNTY PROJECT. I. COUNTY and CITY desire to define herein the terms and conditions under which said CITY PROJECT is to be administered, engineered, coordinated, and constructed. AGREEMENT NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: SECTION 1 • COUNTY AGREES: 1. To act as the lead agency on behalf of the CITY for the overall development and implementation of the CITY PROJECT. The COUNTY is providing services for which the CITY will reimburse COUNTY as shown on Exhibit “B”, which is attached hereto and incorporated by this reference. 2. To prepare, or cause to be prepared, detailed plans, specifications and estimates documents (“PS&E”) for CITY PROJECT and submit to CITY for review and approval at appropriate stages of development. Final plans for improvements shall be prepared to COUNTY standards and signed by a Civil Engineer registered in the State of California. Deviations from standards shall be coordinated with and approved by CITY. 3. To identify and locate all utility facilities within the limits of the CITY PROJECT as part of its design responsibility. If any existing public and/or private utility facilities conflict with CITY PROJECT construction, CITY and COUNTY shall coordinate and cooperate in good faith to make all necessary arrangements with the owners of such facilities for their protection, adjustment, relocation, or removal. CITY and COUNTY shall, in good faith, coordinate and cooperate to require the utility owner and/or its contractors performing the relocation work within CITY's right of way to obtain a CITY encroachment permit prior to the performance of said relocation work. CITY and COUNTY shall, in good faith, coordinate and cooperate in the effort to establish prior rights related to utility encroachments into each jurisdiction's right-of-way. In the case that any utility companies are determined to have prior rights, the cost of relocating utilities shall be borne by the CITY. 4. To make written application to CITY for a public right-of-way permit authorizing entry into CITY's right of way for the purposes of constructing CITY PROJECT. 5. In accordance with Exhibit “C”, Agreement Designating the County of San Diego as the Lead Agency for the Project, to act as the lead agency under the California Environmental Quality Act (“CEQA”) for the CITY PROJECT. Exhibit “C” is attached hereto and incorporated by this reference. 6. To advertise, award and administer a public works contract for the construction of the CITY PROJECT in accordance with all applicable federal, state or COUNTY statutes, ordinances, orders, governmental requirements, laws or regulations, including, but not limited to, the COUNTY public construction codes, California Labor Code, and California Public Contract Code. 7. To furnish a representative to perform the function of “Resident Engineer” during construction of CITY PROJECT. 8. To furnish qualified support staff to assist the Resident Engineer. Such assistance shall include, but not be limited to, construction surveys, soils and compaction tests, measurement and computation of quantities, testing of construction materials, checking submittals, preparation of Page 492 of 520 Page 3 of 7 estimates and reports, preparation of as-built drawings, and other inspection and staff services necessary to assure that the construction is performed in accordance with the PS&E documents. 9. To construct the CITY PROJECT in accordance with approved PS&E documents. 10. To submit any contract change order that causes the amount of the CITY PROJECT improvements to exceed $112,960.42 (as shown in Exhibit “B”) to CITY for review and approval prior to final authorization by COUNTY. 11. To furnish CITY as-built plans within one hundred and eighty (180) days following the completion and acceptance of the CITY PROJECT construction contract. 12. To furnish CITY a final reconciliation of project expenses within ninety (90) days following the completion and acceptance of the CITY PROJECT construction contract. If final costs associated with the CITY's improvements are in excess of the deposit provided in Section 2, COUNTY shall include a final bill with the financial reconciliation. If final costs associated with the CITY's improvements are less than the deposit provided in Section 2, COUNTY shall reimburse CITY for the difference with the financial reconciliation. SECTION 2 • CITY AGREES: 1. To fund one hundred percent (100%) of the cost of the CITY PROJECT. CITY agrees that should unforeseen circumstances arise which result in an increase of any costs over those shown in Exhibit “B", CITY will in good faith amend this Agreement to include any such costs under this Agreement, subject to City Council approval if applicable. 2. To deposit with COUNTY, within thirty (30) days of executing this Agreement, the full amount of $112,960.42 (the "Deposit"), as provided in Exhibit “B". 3. CITY agrees to approve the COUNTY or its contractors public right-of-way permit application authorizing entry onto CITY’s right of way to perform all surveys and other field activities required for preparation of the PS&E, utility coordination, and construction of the CITY PROJECT, if the proposed work meets CITY design and access requirements, within forty-five (45) days of the application being deemed complete. CITY agrees to reimburse COUNTY for COUNTY, or its contractor’s, cost to obtain such permit and for any requirements of said permit not required by COUNTY’s construction contract. 4. Provide a representative to coordinate with the COUNTY's Project Manager during the development and the construction of CITY PROJECT, and to verify facilities are constructed as required by this Agreement, if applicable. 5. To provide oversight of the CITY PROJECT, to provide reviews and approvals, as appropriate, of submittals by COUNTY, and to cooperate in processing of the CITY PROJECT. 6. To pay within forty-five (45) days of receipt the invoice for final reconciled cost in excess of the Deposit amount for CITY PROJECT submitted by COUNTY for services rendered in accordance with this Agreement, subject to City Council approval if applicable. 7. CITY agrees that it shall be legally obligated to pay the full cost of the CITY PROJECT, including any costs associated with change orders reasonably necessary to complete the project, and that this liability shall not be reduced, excused or defensed on the basis of the failure or refusal of the City Council to approve an amendment to this Agreement or budget necessary funds to pay the liability. 8. CITY agrees that COUNTY shall not be liable to CITY for any cost increases or liabilities resulting from any alleged errors or omissions in site investigation, utility coordination, engineering Page 493 of 520 Page 4 of 7 review, or other activities associated with, use in, and including the PS&E for the CITY PROJECT, and that COUNTY makes no representations or warranties regarding quality of work or materials for the CITY PROJECT. CITY is a third-party beneficiary of the CITY PROJECT work to be included in the COUNTY contract per Section 1, and COUNTY agrees to assign any warranties or other contractual rights it may have to CITY for the CITY PROJECT portion of the work. SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS: 1. The total cost to CITY to complete PS&E documents, construction, including construction survey, inspection and material testing for CITY PROJECT, including a twenty percent (20%) contingency, is estimated to be one hundred and twelve thousand, nine hundred and sixty dollars and forty- two cents ($112,960.42), as detailed in Exhibit “B". 2. COUNTY shall not be obligated to commence construction of the CITY PROJECT until after receipt of CITY's Deposit as required in Section 2. 3. During any portion of the CITY PROJECT, if a cost overrun exceeding ten percent (10%) of the COUNTY construction cost estimate is identified, COUNTY and CITY shall endeavor to agree upon a course of action in a timely manner to avoid construction delay, contractor mobilization or similar costs. 4. Construction by COUNTY of improvements referred to herein which lie within CITY rights of way shall not be commenced until a public right-of-way permit to COUNTY, or COUNTY's contractor, authorizing such work has been issued by CITY. 5. Parties shall obtain and/or cause any agent, subcontractor or other representative of that Party to maintain insurance at its own cost and expense, and keep in force and effect during the term of this Agreement, including all extensions, policies of insurance or programs of self-insurance with policy limits in sufficient amounts to cover any and all potential liability of such Party hereunder. COUNTY shall ensure that any contractor or subcontractors working on the CITY PROJECT will name the City of National City, its respective elected officials, officers, employees, agents, and representatives as additional insureds under all policies of insurance, and that additional insured certificates be provided to CITY as specifically set forth in Exhibit “D”, City of National City Insurance Requirements. COUNTY shall also ensure that any contractor or subcontractor working on the CITY PROJECT will agree to defend and indemnify the City of National City, its respective elected officials, officers, employees, agents, and representatives against any claims arising out of the CITY PROJECT, with the exception of claims arising out of the CITY’S sole negligence or willful misconduct. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will be automatically vested with the jurisdiction in which the improvements reside and no further agreement will be necessary to transfer ownership. COUNTY shall have no liability for any claims within the scope of insurance provided by the COUNTY’s contractor, and any insurance or self-insurance maintained by COUNTY shall not be obligated for any such insured claims. 6. CITY shall be responsible for the maintenance of the improvements provided by CITY PROJECT. COUNTY shall be responsible for the maintenance of the improvements provided by COUNTY PROJECT. CITY shall accept responsibility for maintenance of CITY PROJECT upon receipt of a notice of completion from COUNTY. Page 494 of 520 Page 5 of 7 7. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all Parties and no oral understanding or agreement not incorporated herein shall be binding on each Party hereto. 8. In the event that either Party defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement, the other Party shall have the option to terminate this Agreement for default. Termination by CITY for default after the award of a construction contract shall not excuse CITY from paying for the CITY PROJECT work completed prior to termination. If COUNTY’s contractor has the legal right to complete work per the awarded contract, CITY’s termination for default shall not excuse the CITY from liability to the contractor for completion or damages for failure to allow completion of the CITY PROJECT. 9. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the same shall be deemed severable from the remainder of this Agreement, and the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 10. This Agreement is to be construed in accordance with the laws of the State of California. 11. Neither the CITY nor COUNTY shall assign this Agreement without the written consent of the other Party. 12. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided by this Agreement shall be tried in a court of competent jurisdiction in the City and County of San Diego, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county. 13. This Agreement is the result of negotiations between the Parties hereto, and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by CITY or COUNTY shall have no importance or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against the Party that prepared it in its final form. 14. Any waiver by COUNTY or CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of COUNTY or CITY to require from any other Party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof, or stopping COUNTY or CITY from enforcing this Agreement. 15. This Agreement and the Exhibits herein contain the entire agreement between the Parties, and are intended by the Parties to completely state the Agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any Party in relation thereto, not expressly set forth in this Agreement, is null and void. 16. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not a party to this Agreement or affect the legal liability of any Party to the Agreement by imposing any standard of care with respect to the maintenance of roads different from the standard of care imposed by law. 17. CITY and COUNTY shall retain or cause to be retained for audit, all records and accounts relating to CITY PROJECT for a period of minimum three (3) years from the date of notice of completion of the CITY PROJECT. Page 495 of 520 Page 6 of 7 18. The CITY PROJECT shall be awarded and completed in conformity with all applicable federal, state, and COUNTY laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws, and keep in effect any and all licenses, permits, notices and certificates as are required. The COUNTY, as the Party responsible for overseeing the contract work, shall ensure compliance with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation. In addition to any applicable federal or state laws, rules, or regulations, COUNTY shall comply with CITY requirements imposed for access to CITY right-of-way and design requirements included in the PS&E at the request of the CITY. 19. Any Party may propose amendments to this Agreement by providing written notice of such amendments to the other Party. This Agreement may only be amended by a written amendment signed by each Party’s administrator. 20. This Agreement only applies to the CITY PROJECT described herein and does not set forth any additional current or future obligations or agreements between the Parties, except that the Parties may by written amendment amend the scope of this Agreement. 21. This Agreement shall become effective on the date all of the Parties have signed this Agreement and be in force until the latter of two (2) years from the execution date or the completion and final payment by CITY for CITY PROJECT. 22. The COUNTY or CITY may, by written notice stating the extent and effective date, terminate this Agreement for convenience in whole or in part, at any time prior to the award of a construction contract for the CITY PROJECT by COUNTY. 23. This Agreement may be executed in any number of separate counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. 24. All notices, demands, invoices, and other communications required or permitted hereunder shall be in writing and delivered to the following addresses or such other address as the Parties may designate: COUNTY: County of San Diego, Department of Public Works Attn: William P. Morgan, Interim Director of Public Works 5510 Overland Ave, Suite 410 San Diego, CA 92123 Phone: (858) 694-2233 CITY: City of National City Department of Engineering & Public Works Attn: Stephen Manganiello, Director of Public Works / City Engineer 1243 National City Blvd National City, CA 91950 Phone: (619) 336-4380 Attachments: 1. EXHIBIT A – PROJECT MAP 2. EXHIBIT B – CITY ESTIMATED PROJECT COSTS Page 496 of 520 Page 7 of 7 3. EXHIBIT C – AGREEMENT DESIGNATING THE COUNTY OF SAN DIEGO AS THE LEAD AGENCY FOR PROJECT 4. EXHIBIT D – NATIONAL CITY INSURANCE REQUIREMENTS IN WITNESS WHEREOF, this Agreement is executed by the City of National City and the County of San Diego, acting by and through their authorized officers. COUNTY OF SAN DIEGO BY: ____________________________ ANDREW POTTER Executive Officer/ Clerk of the Board of Supervisors DATE: ___________________________ Approved as to form this ___ day of ________, 2024. BY: _____________________ THOMAS BOSWORTH County Counsel CITY OF NATIONAL CITY BY: ______________________ RON MORRISON Mayor DATE: _____________________ Approved as to form this ___ day of ________, 2024. BY: _____________________ BARRY J. SCHULTZ City Attorney Page 497 of 520 RESOLUTION NO. 2024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A SERVICE AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR ROADWAY RESURFACING OF EUCLID AVENUE BETWEEN SWEETWATER ROAD AND 24TH STREET IN THE AMOUNT OF $112,960.42. WHEREAS, on June 10, 2024, the County of San Diego (“County”) Public Works Department notified City of National City (“City”) staff of an opportunity to participate in the County’s Annual Roadway Resurfacing Program for portions of Euclid Avenue that cross jurisdictional boundaries; and WHEREAS, the County is proposing to resurface Euclid Avenue between Sweetwater Road and 24th Street (the “Project”), which includes a short 0.06-mile segment within the jurisdictional boundaries of the City; and WHEREAS, by executing a service agreement with the County (the “Agreement”), the City would be able to take advantage of competitive pricing by adding the smaller City segment to the larger County Project; and WHEREAS, City staff has reviewed the County’s cost estimate for construction and support services for the portion of the Project within the City’s jurisdictional boundaries, and has determined the costs to be fair and reasonable based on prevailing conditions; and WHEREAS, the County agrees to act as the lead agency on behalf of the City for the overall development and implementation of the Project, including environmental review and compliance with the California Environmental Quality Act (“CEQA”); and WHEREAS, the City agrees to reimburse the County for the cost of construction and services for the portion of the Project within the City’s jurisdictional boundaries in the amount of $112,960.42; and WHEREAS, should unforeseen circumstances arise which result in an increase of costs in excess of the authorized amount of $112,960.42, City staff will return to City Council to amend the Agreement. 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 a service agreement with the County of San Diego for roadway resurfacing of Euclid Avenue between Sweetwater Road and 24th Street in the amount of $112,960.42. The Agreement is attached to the Agenda Report as Exhibit A. Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Page 498 of 520 PASSED and ADOPTED this 15th day of October, 2024. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 499 of 520 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Warrant Register #9 for the period of 8/23/24 through 8/29/24 in the amount of $1,002,939.26 RECOMMENDATION: Ratify Warrants Totaling $1,002,939.26 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for the period of 8/23/24 – 8/29/24. Consistent with the Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation SD Gas and Electric 371047 $97,847.73 Gas and Electric for Utilities Aug FY25 West Coast Arborists 371107 $77,115.00 Citywide Tree Trimming FY25 / Parks Public Emp Ret 242410155 $345,701.15 Service Period 8/6/24 – 8/19/24 FINANCIAL STATEMENT: Warrant total $1,002,939.26 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 – FY 25 Warrant Register No. 9 Page 500 of 520 PAYEE DESCRIPTION CHK NO DATE AMOUNT Mayor and Council LOPEZ, CINDY D CONSULTING SERVICES - JOSE RODRIGUEZ 371010 8/26/24 42,000.00 UNKNWNLABS AGREEMENT CONSULTANT 371011 8/26/24 8,750.00 Total for Department 50,750.00 Building/Planning 4LINK NETWORK CONSUL COLLECT AND TRACK HOME INSPECTION REQUEST 371060 8/29/24 200.00 4LINK NETWORK CONSUL COLLECT AND TRACK HOME INSPECTION REQUEST 371060 8/29/24 200.00 ESGIL LLC ON-CALL PLAN REVIEWS, PERMIT REVIEWS, ETC.371078 8/29/24 26,100.00 ESGIL LLC ON-CALL PLAN REVIEWS, PERMIT REVIEWS, ETC.371078 8/29/24 46,752.00 STAPLES BUSINESS ADV MOP#45704 BUILDING OFFICE SUPPLIES 371102 8/29/24 33.39 STAPLES BUSINESS ADV MOP#45704 BUILDING OFFICE SUPPLIES 371102 8/29/24 73.70 TRUE NORTH COMPLIANC FULL RANGE OF BUILDING & SAFETY AND 371104 8/29/24 25,694.28 Total for Department 99,053.37 CAO Total for Department 0.00 City Clerk MCA DIRECT LLC ELECTION SUPPLIES 371034 8/29/24 1,539.62 CIVICPLUS, LLC MUNICODE SUPPORT 371070 8/29/24 4,291.15 CIVICPLUS, LLC MUNICODE - CODIFICATION 371070 8/29/24 508.75 CORODATA RECORDS OFFSITE FILE STORAGE 371072 8/29/24 55.65 CORODATA RECORDS OFF SITE RECORD STORAGE 371072 8/29/24 55.65 CORODATA RECORDS OFF SITE RECORD STORAGE 371072 8/29/24 55.65 Total for Department 6,506.47 CMO ACE UNIFORMS & ACCES JACKETS WITH CITY LOGO - BRIAN HADLEY 371061 8/29/24 182.10 COUNTY OF SAN DIEGO MAIL POSTAGE BILLING - MARCH 2024 371074 8/29/24 2,553.53 STAPLES BUSINESS ADV MOP# 45704 - OFFICE SUPPLIES - CMO 371102 8/29/24 331.36 STAPLES BUSINESS ADV MOP#45704 - OFFICE SUPPLIES - CMO 371102 8/29/24 41.31 Total for Department 3,108.30 Community Services/Nutrition/Library AIR EXHAUST CORP CO KITCHEN EXHAUST CLEANING SERVICE 371062 8/29/24 72.00 ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371063 8/29/24 1,188.29 ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371063 8/29/24 1,748.75 ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371063 8/29/24 271.82 ALL FRESH PRODUCTS FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371064 8/29/24 942.74 BEST BUY BUSINESS LUNCH AT THE LIBRARY GRANT- VIDEO GAMES 371065 8/29/24 587.12 WARRANT REGISTER # 9 8/29/2024 1/6Page 501 of 520 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 9 8/29/2024 BEST BUY BUSINESS COMPUTER EQUIPMENT- LIBRARY 371065 8/29/24 721.99 CASTANEDA, JUANITA RFW EMP REIMB JUANITA NRPA CONF/CSD PRC#T328 371068 8/29/24 695.00 DSS OHIO LLC MONSTER MOVER HAND TRUCK FOR CSD EVENTS/CS 371077 8/29/24 1,389.76 HOME DEPOT CREDIT SE FOLDING TABLES FOR CASA YOUTH PROGRAMMING/371081 8/29/24 483.71 PEIRCE, DENISSE RFW-CONT.INST.MONTHLY PAYMENT YOGA CLASSES 371090 8/29/24 392.00 PRUDENTIAL OVERALL S LAUNDRY AND CONSUMABLES FOR FY25 371094 8/29/24 303.48 PRUDENTIAL OVERALL S LAUNDRY AND CONSUMABLES FOR FY25 371094 8/29/24 153.43 PRUDENTIAL OVERALL S LAUNDRY AND CONSUMABLES FOR FY25 371094 8/29/24 153.43 SDG&E ELECTRIC BILL 8/16/2024 371098 8/29/24 3,555.18 SEAPORT MEAT COMPANY FOOD AS NEEDED FOR NUTRITION CTR. FY25 371099 8/29/24 215.39 SMART & FINAL MOP 45756 SR PRG SUPPLIES/CSD 371101 8/29/24 76.68 STAPLES BUSINESS ADV PAPER, SHEET PROTECTORS 371102 8/29/24 587.16 STAPLES BUSINESS ADV STAPLES- HAND SANITIZER 371102 8/29/24 325.34 STAPLES BUSINESS ADV MOP 45704 EL TOYON SUPPLIES/CSD 371102 8/29/24 41.41 Total for Department 13,904.68 Engineering / PW's ATLAS TECHNICAL CONS CIP 19-35 PARADISE CREEK PROJ. AT KIMBALL WAY 371015 8/29/24 531.00 ATLAS TECHNICAL CONS CIP 19-35 PARADISE CREEK PROJ. AT KIMBALL WAY 371015 8/29/24 316.00 ATLAS TECHNICAL CONS CIP 19-35 PARADISE CREEK PROJ. AT KIMBALL WAY 371015 8/29/24 1,093.50 AVILA, MACARIO 2024 MEMBERSHIP & SEMINAR PRC#14091, T3295 371016 8/29/24 175.00 CALIFORNIA ELECTRIC MOP 45698 ELECTRIC SUPPLIES FY25-PW/FAC 371018 8/29/24 461.24 COSCO FIRE PROTECTIO FIRE EXTINGUISHER AT LAS PALMAS FY24-PW/FAC 371021 8/29/24 160.00 COSCO FIRE PROTECTIO FIRE EXTINGUISHER AT KIMBALL REC FY24-PW/FAC 371021 8/29/24 160.00 COSCO FIRE PROTECTIO SPRINKLERS AT NC LIBRARY FY24-PW/FAC 371021 8/29/24 250.00 COSCO FIRE PROTECTIO EXTINGUISHER AT ARTS BUILDING FY24-PW/FAC 371021 8/29/24 365.00 COSCO FIRE PROTECTIO SPRINKLKERS AT PD FY24-PW/FAC 371021 8/29/24 489.00 D-MAX ENGINEERING IN FOR T&A 90638 – E. 31ST STREET APARTMENTS 371023 8/29/24 478.27 D-MAX ENGINEERING IN FOR T&A 90638 – E. 31ST STREET APARTMENTS 371023 8/29/24 94.97 FERMOILE, MIKE T&A 90667 REFUND- 2207 CLEVELAND AVE.- BOND 371028 8/29/24 25,000.00 FERMOILE, MIKE T&A 90695 REFUND- 2207 CLEVELAND AVE.371028 8/29/24 2,309.22 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 371029 8/29/24 51.86 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 371029 8/29/24 180.95 HOME DEPOT CREDIT SE MISC PARK MAINTENANCE SUPPLIES FY25-PW/PARKS 371031 8/29/24 293.18 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 128.05 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 69.38 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 814.55 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 51.61 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 253.87 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 121.45 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 83.48 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 211.18 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 380.21 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 100.69 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 299.65 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 29.92 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371031 8/29/24 289.70 2/6Page 502 of 520 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 9 8/29/2024 INNOVATIVE CONSTRUCT FOR T&A 90414 – RAINTREE CRT.371032 8/29/24 1,413.00 MASON'S SAW & LAWNMO MOP 45729 LANDSCAPE SUPPLIES FY25-PW/PARKS 371033 8/29/24 27.64 MASON'S SAW & LAWNMO MOP 45729 LANDSCAPE SUPPLIES FY25-PW/PARKS 371033 8/29/24 321.63 NV5 INC FOR T&A 90697- 1830 SWEETWATER RD.371036 8/29/24 4,058.20 NV5 INC FOR T&A 90696- 21 W 7TH ST.371036 8/29/24 1,364.75 NV5 INC FOR T&A 90673- 1200 HIGHLAND AVE.371036 8/29/24 185.40 NV5 INC FOR T&A 90645- GRADING - 1300 WILSON AVE.371036 8/29/24 278.10 NV5 INC NC ON CALL GENERAL SRVCS 371036 8/29/24 927.00 NV5 INC NC PLAN CHECK SERVICES FOR UTILITY- AT&T 371036 8/29/24 3,020.20 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371037 8/29/24 72.78 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371038 8/29/24 61.80 POWERSTRIDE BATTERY MOP 67839 AUTO BATTERIES FY25-PW/EQM 371039 8/29/24 404.65 PROJECT PROFESSIONAL PROFESSIONAL SERVICES FOR VARIOUS CIP PROJ.371041 8/29/24 10,512.50 PROJECT PROFESSIONAL CIP 23-10 MLK COMM. CENTER OFFICE UPGRADE 371041 8/29/24 1,126.75 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/PARKS 371042 8/29/24 107.16 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/EQM 371042 8/29/24 59.11 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/FAC 371042 8/29/24 14.42 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/FAC 371042 8/29/24 45.11 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/FAC 371042 8/29/24 14.42 RED WING BUSINESS SAFETY BOOTS FOR RICHARD FLORES FY25-PW/STS 371043 8/29/24 200.00 RED WING BUSINESS SAFETY BOOTS FOR ERNESTO LORONA FY25-PW/STS 371043 8/29/24 184.86 RED WING BUSINESS SAFETY BOOTS FOR KEVIN ESTUDILLO FY25-PW/STS 371043 8/29/24 184.86 RED WING BUSINESS SAFETY BOOTS FOR DAVID GALLEGOS FY25-PW/WW 371043 8/29/24 181.05 RED WING BUSINESS SAFETY BOOTS FOR ROGELIO SALES FY25-PW/WW 371043 8/29/24 200.00 RED WING BUSINESS SAFETY BOOTS FOR OSCAR BECERRIL FY25-PW/WW 371043 8/29/24 181.05 RED WING BUSINESS SAFETY BOOTS FOR FIATOA FY25-PW/WW 371043 8/29/24 200.00 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR FACILITIES AUG FY25-PW/FA 371046 8/29/24 327.54 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR FACILITIES AUG FY25-PW/FA 371046 8/29/24 4,273.43 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS AUG FY25-PW/STS 371046 8/29/24 10,480.64 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS AUG FY25-PW/STS 371046 8/29/24 649.08 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS AUG FY25-PW/STS 371046 8/29/24 11.45 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS AUG FY25-PW/STS 371046 8/29/24 44.03 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS MAR FY25-PW/STS 371046 8/29/24 92.28 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS FY25-PW/STS 371046 8/29/24 43.77 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR FACILITIES JUL FY25-PW/FA 371047 8/29/24 5,913.01 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR FACILITIES AUG FY25-PW/FA 371047 8/29/24 97,847.73 SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 371048 8/29/24 51.32 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 371049 8/29/24 404.82 SO CAL TRUCK STOP MOP 45758 PROPANE FY25-PW/EQM 371050 8/29/24 154.83 STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES FY25-PW/ENG 371053 8/29/24 131.05 THE SAN DIEGO UNION ADVERTISING; NOTICE INVITING BIDS- CIP 22-26 371055 8/29/24 2,169.61 THE SAN DIEGO UNION ADVERTISING NOTICE INVITING BIDS- VARIOUS CIP'S 371055 8/29/24 3,322.26 VALLEY INDUSTRIAL SP BUILDING SUPPLIES FY25-PW/FAC 371056 8/29/24 532.83 VALLEY INDUSTRIAL SP BUILDING SUPPLIES FY25-PW/FAC 371056 8/29/24 532.83 WETMORES MOP 80333 AUTO SUPPLIES FY25-PW/EQM 371059 8/29/24 386.19 COSCO FIRE PROTECTIO CITY HALL SPRINKLERS FY24-PW/FAC 371073 8/29/24 1,695.00 COSCO FIRE PROTECTIO SPRINKLERS FOR CAMACHO CENTER FY24-PW/FAC 371073 8/29/24 160.00 FLORES, RICHARD M RIGHT BOOT 3/4 LIFT FY24-PW/STS 371079 8/29/24 85.00 3/6Page 503 of 520 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 9 8/29/2024 HAAKER EQUIPMENT COM PARTS AND SMALL EQUIPMENT FY25-PW/EQM 371080 8/29/24 129.15 NV5 INC ON CALL GENERAL SERVICES 371088 8/29/24 370.80 NV5 INC STAFF AUGMENTATION & COUNTER SRVCS 371088 8/29/24 103.00 NV5 INC NC PLAN CHECK SERVICES FOR UTILITY- SDG&E 371088 8/29/24 3,347.43 NV5 INC STAFF AUGMENTATION AND COUNTER SRVCS 371088 8/29/24 360.50 NV5 INC NC PLAN CHECK SERVICES FOR UTILITY- CROWN CA 371088 8/29/24 2,755.97 NV5 INC NC PLAN CHECK SERVICES FOR SWEETWATER PIPE 371088 8/29/24 354.57 NV5 INC NC PLAN CHECK SERVICES FOR UTILITY- COX 371088 8/29/24 297.40 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY25-PW/EQM 371089 8/29/24 36.65 PROJECT PROFESSIONAL CIP 20-05 PD PISTOL RNG SAFETY ENHANCEMENTS 371093 8/29/24 5,613.00 PROJECT PROFESSIONAL CIP 23-14 CASA DE SALUD ROOF REPLACEMENT 371093 8/29/24 1,725.00 PROJECT PROFESSIONAL CIP 20-04 PD GENERATOR & ELECTRICAL UPGRADES 371093 8/29/24 2,311.00 PROJECT PROFESSIONAL NTP- STORM- LAS PALMAS GOLF COURSE STORM DR 371093 8/29/24 449.50 STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES FY25-PW/ENG 371102 8/29/24 197.47 STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES FY25-PW/ENG 371102 8/29/24 7.67 VORTEX INDUSTRIES IN CITY-WIDE DOORS, GATES, FY24-PW/FAC 371106 8/29/24 6,798.00 VORTEX INDUSTRIES IN CITY-WIDE DOORS, GATES, FY24-PW/FAC 371106 8/29/24 4,194.60 WEST COAST ARBORISTS CITY WIDE TREE TRIMMING FY25-PW/PARKS 371107 8/29/24 77,115.00 Total for Department 296,064.78 Finance C A P F SEPTEMBER 2024 - FIRE LTD FY2024-2025 371017 8/29/24 1,298.00 CALIFORNIA LAW ENFOR SEPTEMBER 2024 - PD LTD FY 2024-2025 371019 8/29/24 2,656.00 DELTA DENTAL INSURAN SEPTEMBER 2024 - GRP #05-7029600002 COBRA DENT 371024 8/29/24 51.00 DELTA DENTAL INSURAN SEPTEMBER 2024 GRP #05-7029600000 PMI DENTAL IN 371025 8/29/24 1,786.08 DELTA DENTAL OF CALI SEPTEMBER 2024 - GRP #05-0908601002 COBRA PREM 371026 8/29/24 90.44 DELTA DENTAL OF CALI SEPT 2024 GRP #05-0908600000 DENTAL INS PREMIER 371027 8/29/24 16,134.46 RELIANCE STANDARD SEPT 2024 -GRP VAI826233, VC1801146 & VG180848 371044 8/29/24 1,686.27 THE LINCOLN NATIONAL SEPT 2024 - GRP #415491 LIFE & AD&D, STD, LTD INS 371054 8/29/24 7,712.52 THE LINCOLN NATIONAL SEPT 2024 - GRP #415491 LIFE & AD&D, STD, LTD INS 371054 8/29/24 2,425.30 THE LINCOLN NATIONAL SEPT 2024 - GRP #415491 LIFE & AD&D, STD, LTD INS 371054 8/29/24 -63.96 CALIFORNIA SOCIETY SD COUNTY CHAPTER MEETING 08/15/24 371066 8/29/24 45.00 DAVID TAUSSIG AND AS DIF STUDY 371075 8/29/24 4,401.60 LIEBERT CASSIDY WHI FRAUD CHECK CREDIT ADJ – INVOICE 205200 PAYME 371084 8/29/24 1,840.00 SASI MONTHLY TRUST ACCOUNTING 8/01/24-8/31/24 371097 8/29/24 785.50 THE SIMPLE WEB SOLUT RSWA WEB HOSTING AND DOMAIN FY 24/25 371103 8/29/24 1,709.98 Total for Department 42,558.19 Fire HAMLYN WILLIAMS INC TEMP EMPLYMT, NARDZYEZDA ACOSTA WE 11-AUG- 371030 8/29/24 200.00 HAMLYN WILLIAMS INC TEMP EMPLYM SVCS,NARDYEZDA ACOSTA,W/E 23-JU 371030 8/29/24 800.00 HAMLYN WILLIAMS INC NARDYEZDA ACOSTA-W/E 7 JULY 2024 (37240)371030 8/29/24 880.00 HAMLYN WILLIAMS INC TEMP EMPLYMT, NARDYEZDA ACOSTA-W/E 04-AUG-2 371030 8/29/24 1,440.00 PRO BUILD COMPANY MOP # 45707, VELCRO TAPE 3/4X5' WHITE 371040 8/29/24 16.35 ACE UNIFORMS & ACCES SERGIO MORA BLACK PANT AND TRUCKER CAP 371061 8/29/24 587.00 ESGIL LLC PLAN CHECKS FOR FIRE, FY24-25 371078 8/29/24 1,080.90 4/6Page 504 of 520 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 9 8/29/2024 MONTANO, HECTOR PYMT FOR DELIVERY OF SPANISH CERT CLASSES JU 371085 8/29/24 1,500.00 PRO BUILD COMPANY MOP #45707, DEWALT 4-1/2" FLAP DISC 120 GRIT 371092 8/29/24 186.34 STAPLES BUSINESS ADV MOP 45704, SPLS 8.5X11 30 REC COPY CS 371102 8/29/24 111.88 VIORA, BRIAN RE-IMBRSMNT,TRVL MI EXPNS-AMBULANCE BUS, PRC 371105 8/29/24 168.84 WILLIAMS, GEORGE M REIMBRSMT, RENEWL PARAMEDIC LICENSE 2024 371108 8/29/24 250.00 Total for Department 7,221.31 Housing / Sec 8 HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA WK ENDING 05/12/2024 371030 8/29/24 1,472.75 HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA W-E 8/4/24 FOR SECC 8 371030 8/29/24 798.51 HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA, W/E 07/21/24 FOR SEC 371030 8/29/24 1,572.94 HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA W-E 28-JUL-24 FOR SEC 371030 8/29/24 1,569.50 HAMLYN WILLIAMS INC TEAM-STAFF AYMEE ACOSTA, W-E 08/11/24 FOR SEC8 371030 8/29/24 1,419.43 CHRISTENSEN & SPATH CDC-HA AGREEMENT WITH CHRISTENSEN & SPATH 371069 8/29/24 825.00 SHRED-IT FINAL FEE FOR SERVICE 08-2024 FOR SECC 8 DEPT 371100 8/29/24 139.37 STAPLES BUSINESS ADV OFFICE SUPPLIES/ HOUSING 371102 8/29/24 67.35 STAPLES BUSINESS ADV INK SUPPLIES/ HOUSING 371102 8/29/24 323.73 Total for Department 8,188.58 Human Resources CONCENTRA MEDICAL CE PRE-EMPLOYMENT PHYSICAL 371071 8/29/24 860.00 CONCENTRA MEDICAL CE PRE-EMPLOYMENT PHYSICAL 371071 8/29/24 218.00 DEPARTMENT OF JUSTIC NEW EMPLOYEE FINGERPRINT TEST RESULTS-JULY 371076 8/29/24 128.00 STAPLES BUSINESS ADV MOP #45704 / OFFICE SUPPLIES / HUMAN RESOURCE 371102 8/29/24 40.03 STAPLES BUSINESS ADV MOP #45704 / OFFICE SUPPLIES / HUMAN RESOURCE 371102 8/29/24 131.85 STAPLES BUSINESS ADV MOP #45704 / OFFICE SUPPLIES / HUMAN RESOURCE 371102 8/29/24 97.01 Total for Department 1,474.89 MIS AT&T SBC/AT&T DATA/PHONES FY25 371013 8/29/24 107.22 AT&T SBC/AT&T DATA/PHONES FY25 371014 8/29/24 61.81 AT&T SBC/AT&T DATA/PHONES FY25 371014 8/29/24 2,432.23 AT&T SBC/AT&T DATA/PHONES FY25 371014 8/29/24 16,911.36 AT&T SBC/AT&T DATA/PHONES FY25 371014 8/29/24 195.97 AT&T SBC/AT&T DATA/PHONES FY25 371014 8/29/24 1,916.39 COX COMMUNICATIONS COX BUSINESS DATA/VIDEO FY25 371022 8/29/24 2,060.43 COX COMMUNICATIONS COX BUSINESS DATA/VIDEO FY25 371022 8/29/24 88.26 SPOK INC SPOK PAGING FY25 371052 8/29/24 738.58 VERIZON WIRELESS VERIZON WIRELESS DATA/PHONES FY25 371057 8/29/24 74.08 STAPLES BUSINESS ADV HP PRINTER CARTRIDGES 371102 8/29/24 231.49 STAPLES BUSINESS ADV ERGO ROLLER MOUSE 371102 8/29/24 406.13 STAPLES BUSINESS ADV STAPLES OFFICE SUPPLIES FY 24 MOP 371102 8/29/24 54.10 Total for Department 25,278.05 5/6Page 505 of 520 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 9 8/29/2024 NSD SAFE LIFE DEFENSE LL SAFTEY VEST TO MEET SB 296 SAFETY MANDATE 371045 8/29/24 6,289.45 Total for Department 6,289.45 Police ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 371012 8/29/24 86.18 ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 371012 8/29/24 133.59 ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 371012 8/29/24 -58.87 CAMACHO, JOSEPH B REIMBURSEMENT / PEER SUPPORT 371020 8/29/24 91.96 MOBILE WIRELESS LLC FULL ACCESS TO THJE NETMOTION PLATFORM / PD 371035 8/29/24 10,500.00 SPECIAL SERVICES GRO RENEWAL OF ANNUAL COVERT TRACK SERVICE / PD 371051 8/29/24 616.44 SPECIAL SERVICES GRO RENEWAL OF ANNUAL COVERT TRACK SERVICE / PD 371051 8/29/24 1,773.70 STAPLES BUSINESS ADV MOP 45704. OFFICE SUPPLIES / PD 371053 8/29/24 45.54 STAPLES BUSINESS ADV MOP 45704. OFFICE SUPPLIES / PD 371053 8/29/24 276.02 STAPLES BUSINESS ADV MOP 45704. OFFICE SUPPLIES / PD 371053 8/29/24 232.87 STAPLES BUSINESS ADV MOP 45704. OFFICE SUPPLIES / PD 371053 8/29/24 456.84 STAPLES BUSINESS ADV MOP 45704. OFFICE SUPPLIES / PD 371053 8/29/24 221.71 CAMACHO, JOSEPH B REIMBURSEMENT / PEER SUPPORT 371067 8/29/24 47.99 INTERNATIONAL BUSINE TRAINING DATABASE 371082 8/29/24 9,500.00 MOTOPORT CUST MOTOPORT AIR MESH JACKET / PD 371086 8/29/24 4,182.53 MOTOROLA SOLUTIONS I PORTABLE RADIOS / PD 371087 8/29/24 18,090.00 MOTOROLA SOLUTIONS I PORTABLE RADIOS / PD 371087 8/29/24 2,454.92 POLICE AND TACTICAL TASERS / PD 371091 8/29/24 26,806.88 RADY CHILDREN'S HOSP CHILD SEXUAL ASSAULT EXAMS / PD 371095 8/29/24 2,700.00 RAY ALLEN MANUFACTUR CANINE SUPPLIES 371096 8/29/24 1,375.98 WORTHINGTON DIRECT H CONFERENCE TABLE/SEATING AREA 371109 8/29/24 7,505.76 Total for Department 87,040.04 Risk INTERNATIONAL TACTIC LIABILITY CLAIM COST-UMANA 371083 8/29/24 9,800.00 Total for Department 9,800.00 A/P Total 657,238.11 WIRED PAYMENTS Finance PUBLIC EMP RETIREMEN SERVICE PERIOD 08/06/2024-08/19/2024 242410155 8/29/24 345,701.15 GRAND TOTAL 1,002,939.26 6/6Page 506 of 520 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Warrant Register #10 for the period of 8/30/24 through 9/05/24 in the amount of $4,637,113.79 RECOMMENDATION: Ratify Warrants Totaling $4,637,113.79 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for the period of 8/30/24 – 9/05/24. Consistent with the Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Kaiser Foundation 371220 $200,018.81 October 2024 – Group #104220 Union Tower One LP 172 $981,282.55 Union Tower Construction Draw Request FINANCIAL STATEMENT: Warrant total $4,637,113.79 RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Not Applicable ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act. ORDINANCE: Not Applicable EXHIBIT: Exhibit A – FY25 Warrant Register No. 10 Page 507 of 520 PAYEE DESCRIPTION CHK NO DATE AMOUNT Mayor and Council Total for Department 0.00 Building/Planning ACE UNIFORMS & ACCES BUILDING POLOS FOR J.SOLIS 371194 9/5/24 148.70 Total for Department 148.70 CAO FOZI DWORK & MODAFFE LEGAL SERVICES /CAO 371212 9/5/24 13,738.35 Total for Department 13,738.35 City Clerk Total for Department 0.00 CMO NATIONAL CITY TROPHY BRIAN HADLEY NAMEBADGE 371223 9/5/24 13.97 Total for Department 13.97 Community Services/Nutrition/Library NATIONAL RECREATION RFW NRPA MEMBERSHIP RENEWAL PRC#14097/CSD 371224 9/5/24 700.00 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371245 9/5/24 43.99 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION C 371245 9/5/24 5,698.54 Total for Department 6,442.53 Engineering / PW's A & A AUTO GLASS INC WINDSHIELD PD K9 VEH #280 FY25-PW/EQM 371193 9/5/24 490.63 ACME SAFETY & SUPPLY SAFETY VESTS FOR STREETS FY25-PW/STS 371195 9/5/24 275.84 ACME SAFETY & SUPPLY ROAD CLOSURE SIGNAGE FY25-PW/STS 371195 9/5/24 5,448.81 ANSER ADVISORY MANAG CIP 22-47 WASTEWATER RATE ANALYSIS 371197 9/5/24 4,900.00 ASSI SECURITY INC CITY WIDE SECURITY REPAIRS FY25-PW/FAC 371198 9/5/24 300.00 ASSI SECURITY INC CITY WIDE SECURITY REPAIRS FY25-PW/FAC 371198 9/5/24 300.00 ASSI SECURITY INC CITY WIDE SECURITY REPAIRS FY25-PW/FAC 371198 9/5/24 1,600.00 ASSI SECURITY INC CITY WIDE SECURITY REPAIRS FY25-PW/FAC 371198 9/5/24 1,150.00 ASSI SECURITY INC CITY WIDE SECURITY REPAIRS FY25-PW/FAC 371198 9/5/24 600.00 BOOT WORLD MOP 64096 WORK BOOTS FOR VICTOR ACOSTA FY25 371199 9/5/24 200.00 BOOT WORLD MOP 64096 WORK BOOTS FOR JOSE CASILLAS FY25-P 371199 9/5/24 165.60 BOOT WORLD MOP 64096 WORK BOOTS FOR OLEGARIO GARCIA FY 371199 9/5/24 195.73 BOOT WORLD MOP 64096 WORK BOOTS FOR DUSTIN ELLIS FY25-PW 371199 9/5/24 166.37 BOOT WORLD MOP 64096 WORK BOOTS FOR SABINO FLORES FY25-371199 9/5/24 195.73 WARRANT REGISTER # 10 9/5/2024 1/8Page 508 of 520 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 10 9/5/2024 BOOT WORLD MOP 64096 WORK BOOTS FOR MICHAEL JUDGE FY25 371199 9/5/24 185.94 BOOT WORLD MOP 64096 WORK BOOTS FOR FRANCISCO ORNELAS 371199 9/5/24 200.00 CALIFORNIA ELECTRIC MOP 45698 ELECTRIC SUPPLIES FY25-PW/FAC 371200 9/5/24 207.75 CHEN RYAN ASSOCIATES CIP 23-13 24TH ST TRANSIT CENTER 371203 9/5/24 21,355.00 CHEN RYAN ASSOCIATES NCP SWEETWATER RD.371203 9/5/24 6,106.25 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 1,057.36 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 33.43 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 1,857.04 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 1,154.82 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 582.88 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 352.26 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 48.19 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 134.90 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 33.43 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 48.19 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 789.88 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 373.70 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 65.06 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 48.19 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 750.15 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 371206 9/5/24 33.43 FERGUSON ENTERPRISES MOP 45723 BUILDING SUPPLIES FY25-PW/FAC 371210 9/5/24 348.38 FLEET SERVICES INC BRAKES PARTS FOR STR SWEEPER FY25-PW/EQM 371211 9/5/24 668.91 GEOSYNTEC CONSULTANT CIP 21-16 NCFD COMPLIANCE WORK 371213 9/5/24 2,432.05 GEOSYNTEC CONSULTANT CIP 24-99 CHANNEL VEGETATION REMOVAL 371213 9/5/24 24,129.09 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/STS 371214 9/5/24 93.92 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/STS 371214 9/5/24 37.96 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/STS 371214 9/5/24 50.60 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/STS 371214 9/5/24 98.42 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 371214 9/5/24 497.66 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 371214 9/5/24 363.15 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 371214 9/5/24 304.37 HAAKER EQUIPMENT COM NITROGEN CANISTERS FY25-PW/WW 371215 9/5/24 121.80 HASA INC CHEMICALS FOR MUNICIPAL POOL FY25-PW/FAC 371216 9/5/24 1,098.67 HASA INC CHEMICALS FOR MUNICIPAL POOL FY25-PW/FAC 371216 9/5/24 833.86 HASA INC CHEMICALS FOR MUNICIPAL POOL FY24-PW/FAC 371216 9/5/24 1,481.17 HASA INC CHEMICALS FOR MUNICIPAL POOL FY25-PW/FAC 371216 9/5/24 465.48 HOME DEPOT CREDIT SE MISC STREET SUPPLIES FOR FY25-PW/STS 371218 9/5/24 57.99 HOME DEPOT CREDIT SE MISC PARK MAINTENANCE SUPPLIES FOR FY25-PW/P 371218 9/5/24 88.58 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW/FA 371218 9/5/24 326.75 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY25-PW/F 371219 9/5/24 135.00 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY25-PW/F 371219 9/5/24 708.27 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY25-PW/F 371219 9/5/24 390.00 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY25-PW/F 371219 9/5/24 330.00 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY25-PW/F 371219 9/5/24 90.00 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY25-PW/F 371219 9/5/24 250.00 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY25-PW/F 371219 9/5/24 1,370.00 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING FY25-PW/F 371219 9/5/24 210.00 2/8Page 509 of 520 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 10 9/5/2024 MJC CONSTRUCTION NC SIGN REMOVAL AND FOUNDATION DEMOLITION 371221 9/5/24 10,220.00 NATIONAL CITY CAR WA CAR WASH SERVICES FOR FLEET FY25-PW/EQM 371222 9/5/24 951.98 NERI LANDSCAPE ARCHI CIP 22-26 EL TOYON PARK PROP.371225 9/5/24 3,000.00 NV5 INC NC PLAN CHECK MEETINGS AND COORDINATION 371226 9/5/24 226.60 NV5 INC PLAN CHECK SERVICES FOR SDGE UTILITY PERMITS 371226 9/5/24 4,157.76 NV5 INC PLAN CHECK SERVICES FOR SWEETWATER PIPELINE 371226 9/5/24 204.71 NV5 INC PLAN CHECK SERVICES FOR AT&T PERMITS 371226 9/5/24 1,979.61 NV5 INC ON-CALL PROJ SUPPORT SRVCS N AVE & E 24TH ST.371226 9/5/24 224.02 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371227 9/5/24 45.20 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371227 9/5/24 36.17 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371227 9/5/24 88.47 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 371228 9/5/24 36.17 PRECISION TEMPERATUR REFRIGERATION SERVICES / PD-PW'S 371229 9/5/24 375.00 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/PARKS 371230 9/5/24 115.66 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/PARKS 371230 9/5/24 107.16 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICE FY25-PW/WW 371230 9/5/24 65.08 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/STS 371230 9/5/24 542.00 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/EQM 371230 9/5/24 59.11 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/EQM 371230 9/5/24 59.11 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/FAC 371230 9/5/24 14.42 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/FAC 371230 9/5/24 45.11 RED WING BUSINESS SAFETY BOOTS FOR ESTEBAN ROJAS FY25-PW/STS 371232 9/5/24 200.00 S D COUNTY VECTOR CN MOSQUITO & VECTOR DISEASE CONTROL ASSESSMN 371233 9/5/24 929.20 SAN DIEGO HYDRAULICS MOP 85005 AUTO SUPPLIES FY25-PW/EQM 371234 9/5/24 378.88 SAN DIEGO HYDRAULICS MOP 85005 AUTO SUPPLIES FY25-PW/EQM 371234 9/5/24 71.29 SAN DIEGO HYDRAULICS MOP 85005 CREDIT FY25-PW/EQM 371234 9/5/24 -92.71 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371235 9/5/24 3,254.91 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371235 9/5/24 3,168.24 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371235 9/5/24 2,078.49 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371235 9/5/24 2,196.81 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371235 9/5/24 370.00 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371235 9/5/24 505.00 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371235 9/5/24 12,064.00 SAN DIEGO MECHANICAL PREVENTATIVE HVAC MAINTENANCE FY25-PW/FAC 371235 9/5/24 2,900.00 SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 371237 9/5/24 318.64 SITEONE LANDSCAPE SU LANDSCAPE SUPPLIES FY25-PW/PARKS 371238 9/5/24 554.37 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 371238 9/5/24 417.15 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 371238 9/5/24 357.52 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 371238 9/5/24 76.34 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 371238 9/5/24 29.67 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 371238 9/5/24 196.19 SNAP-ON INDUSTRIAL VEHICLE SCANNER FY25-PW/EQM 371239 9/5/24 6,865.40 SNAP-ON INDUSTRIAL AC MACHINE FY25-PW/EQM 371239 9/5/24 12,346.57 SO CAL TRUCK STOP MOP 45758 DIESEL FY25-PW/EQM 371240 9/5/24 29.97 SO CAL TRUCK STOP MOP 45758 DIESEL FY25-PW/EQM 371240 9/5/24 108.16 SO CAL TRUCK STOP MOP 45758 PROPANE FY25-PW/EQM 371240 9/5/24 141.09 SO CAL TRUCK STOP MOP 45758 DIESEL FY25-PW/EQM 371240 9/5/24 119.84 SO CAL TRUCK STOP MOP 45758 PROPANE FY25-PW/EQM 371240 9/5/24 60.77 3/8Page 510 of 520 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 10 9/5/2024 SO CAL TRUCK STOP MOP 45758 DIESEL FY25-PW/EQM 371240 9/5/24 100.80 SO CAL TRUCK STOP MOP 45758 DIESEL FY25-PW/EQM 371240 9/5/24 25.12 SO CAL TRUCK STOP MOP 45758 DIESEL AND PROPANE FY25-PW/EQM 371240 9/5/24 170.87 SO CAL TRUCK STOP MOP 45758 PROPANE FY25-PW/EQM 371240 9/5/24 142.67 SO CAL TRUCK STOP MOP 45758 DIESEL FY25-PW/EQM 371240 9/5/24 124.76 SO CAL TRUCK STOP MOP 45758 DIESEL FY25-PW/EQM 371240 9/5/24 124.76 SO CAL TRUCK STOP MOP 45758 DIESEL FY25-PW/EQM 371240 9/5/24 51.08 SONSRAY MACHINERY LL FLASHER/RELAY FOR STR BACKHOE FY25-PW/EQM 371241 9/5/24 159.44 SOUTHWEST SIGNAL SER INTERSECTION MAINTENANCE FY25-PW/STS 371242 9/5/24 4,206.83 SOUTHWEST SIGNAL SER INTERSECTION MAINTENANCE FY25-PW/STS 371242 9/5/24 6,898.48 SOUTHWEST SIGNAL SER INTERSECTION MAINTENANCE FY25-PW/STS 371242 9/5/24 5,587.83 SOUTHWEST SIGNAL SER INTERSECTION MAINTENANCE FY25-PW/STS 371242 9/5/24 5,400.00 STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES FY25-PW/ENG 371243 9/5/24 141.23 STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES FY25-PW/ENG 371243 9/5/24 32.78 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 45.56 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 45.56 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 27.70 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 540.97 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 27.70 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 901.42 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 89.39 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 45.56 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 621.85 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FOR JUN-AUG FY25-PW 371244 9/5/24 27.70 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES FEB-APR FY25-PW/371244 9/5/24 39.19 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 2,931.31 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 9,367.42 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 4,346.71 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW/371244 9/5/24 3,187.43 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 5,492.51 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 403.15 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 9,184.85 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 734.07 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 71.11 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 153.77 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES JUN-AUG FY25-PW 371244 9/5/24 39.19 SWEETWATER AUTHORITY WATER SERVICE FOR FACILITIES FEB-APR FY25-PW/371244 9/5/24 133.55 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 53.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 52.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 48.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 72.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 48.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 52.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 52.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 114.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 132.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 46.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 79.00 4/8Page 511 of 520 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 10 9/5/2024 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 318.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 105.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 105.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 48.00 THE LLOYD PEST CONTR CITY WIDE PEST CONTROL FY25-PW/FAC 371246 9/5/24 46.00 VALLEY INDUSTRIAL SP MOP 46453 BUILDING SUPPLIES FY25-PWFAC 371248 9/5/24 415.86 VELOCITY TRUCK CENTE ENGINE AND TRANSMISSION PARTS FOR FY25-PW/EQ 371249 9/5/24 82.64 WAXIE SANITARY SUPPL BPO: JANITORIAL SUPPLIES FY25-PW/FAC 371251 9/5/24 4,734.86 WETMORES MOP 80333 AUTO SUPPLIES FY25-PW/EQM 371252 9/5/24 422.19 WETMORES MOP 80333 AUTO SUPPLIES FY25-PW/EQM 371252 9/5/24 224.70 WETMORES DEF FOR DIESEL VEHICLES FY25-PW/EQM 371252 9/5/24 1,143.18 WETMORES DRIVELINE FOR STREET SWEEPER #049-PW/EQM 371252 9/5/24 561.74 WILLY'S ELECTRONIC S MOP 45763 ELECTRIC SUPPLIES FY25-PW/PARKS 371253 9/5/24 132.98 WILLY'S ELECTRONIC S MOP 45763 ELECTRIC SUPPLIE FY25-PW/FAC 371253 9/5/24 81.56 Total for Department 231,381.80 Finance BAVENCOFF JR, DAVID RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371110 9/5/24 500.00 BEARD, PATRICIA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371111 9/5/24 70.00 BEVERIDGE, MARK RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371112 9/5/24 640.00 BISHOP, RANDY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371113 9/5/24 110.00 BOEGLER, CRAIG RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371114 9/5/24 260.00 BULL, PARRIS RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371115 9/5/24 580.00 CAMEON, CHRISTOPHER RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371116 9/5/24 400.00 CANEDO, RAMON RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371117 9/5/24 620.00 CASTELLANOS, DAVID RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371118 9/5/24 500.00 CESNAUSKAS, STEVEN RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371119 9/5/24 400.00 CHELIUS, ANGELA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371120 9/5/24 460.00 COLE, LYNN RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371121 9/5/24 165.00 COLLINSON, CURTIS RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371122 9/5/24 420.00 CONDON, DONALD RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371123 9/5/24 280.00 CORDERO, ESTELA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371124 9/5/24 520.00 DALLA, MICHAEL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371125 9/5/24 900.00 DANESHFAR, ZIA-E-DIN RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371126 9/5/24 250.00 DEESE, LESLIE RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371127 9/5/24 660.00 DESROCHERS, PAUL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371128 9/5/24 110.00 DIAZ, MIGUEL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371129 9/5/24 680.00 DREDGE, JAMES RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371130 9/5/24 250.00 DUONG, MINH RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371131 9/5/24 280.00 EISER III, GEORGE RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371132 9/5/24 250.00 ESPIRITU, DAVID RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371133 9/5/24 620.00 ETZLER, JEFFREY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371134 9/5/24 460.00 FABINSKI, DANIEL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371135 9/5/24 220.00 FELIX, YOLANDA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371136 9/5/24 400.00 FIFIELD, KEITH RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371137 9/5/24 540.00 GAUT, ANTHONY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371138 9/5/24 700.00 GIBBS JR, ROBERT RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371139 9/5/24 120.00 5/8Page 512 of 520 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 10 9/5/2024 GONZALES, MANUEL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371140 9/5/24 480.00 GONZALEZ, BEATRICE RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371141 9/5/24 680.00 GONZALEZ, WILLIAM RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371142 9/5/24 660.00 HARLAN, MICHAEL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371143 9/5/24 500.00 HERNANDEZ, JUDITH RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371144 9/5/24 680.00 HERNANDEZ, RICK RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371145 9/5/24 400.00 HODGES, BRENDA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371146 9/5/24 200.00 IBARRA, JOE RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371147 9/5/24 780.00 JASMUND, DONALD RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371148 9/5/24 680.00 JONES, ANGIL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371149 9/5/24 60.00 JONES, DEREK RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371150 9/5/24 480.00 JUNIEL, RODERICK RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371151 9/5/24 50.00 KIMBLE, RANDY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371152 9/5/24 300.00 KLOS, FRANK RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371153 9/5/24 480.00 LAFRENIERE, MICHAEL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371154 9/5/24 660.00 LIMFUECO, MARIA TERE RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371155 9/5/24 160.00 MATIENZO, MARIA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371156 9/5/24 100.00 MCCABE, TOM RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371157 9/5/24 280.00 MCDANIEL, PATRICK RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371158 9/5/24 290.00 MEEKS, JEFFREY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371159 9/5/24 460.00 MUNOZ, LILIA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371160 9/5/24 640.00 NAGLE, DANIEL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371161 9/5/24 460.00 NOTEWARE, DAVID RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371162 9/5/24 120.00 OLIVERIA, HERMINIO RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371163 9/5/24 360.00 PARRA, FRANCISCO RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371164 9/5/24 400.00 PAUU JR, PENU RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371165 9/5/24 340.00 PE, RAY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371166 9/5/24 300.00 PEASE JR, DAVID RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371167 9/5/24 140.00 POST, ROGER RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371168 9/5/24 280.00 RAY, STEVEN RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371169 9/5/24 190.00 REDIKOP, BRIAN RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371170 9/5/24 400.00 RIOS, RAMONA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371171 9/5/24 240.00 ROARK, LANNY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371172 9/5/24 135.00 RODRIGUEZ, MANUEL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371173 9/5/24 260.00 ROUSTON, JEFFREY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371174 9/5/24 660.00 RUIZ, JAMES RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371175 9/5/24 310.00 SAINZ, JOSE LUIS RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371176 9/5/24 300.00 SERVATIUS, JEFFREY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371177 9/5/24 340.00 SEWARD, GREGORY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371178 9/5/24 520.00 SHEPHARD, STEVE RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371179 9/5/24 440.00 SHOEMAKER, MICHAEL RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371180 9/5/24 480.00 SILVA, LARRY RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371181 9/5/24 580.00 SMITH, JOE RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371182 9/5/24 320.00 SMITH, MATTHEW RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371183 9/5/24 560.00 STANICH, COLLEEN RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371184 9/5/24 400.00 TELLEZ, JOSE RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371185 9/5/24 700.00 TIPTON, BARBARA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371186 9/5/24 250.00 UNGAB, STELLA RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371187 9/5/24 600.00 6/8Page 513 of 520 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 10 9/5/2024 VILLAGOMEZ, JULIAN RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371188 9/5/24 480.00 VILLARIASA, STEVEN RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371189 9/5/24 480.00 WILKINS, THOMAS RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371190 9/5/24 520.00 YBARRA, ALFREDO RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371191 9/5/24 220.00 YOUNG, GRAHAM RETIREE HEALTH BENEFITS - SEPTEMBER 2024 371192 9/5/24 560.00 CITY OF NATIONAL CIT PETTY CASH REPLENISHMENT FOR PERIOD 7/1/24-7/3 371204 9/5/24 10.72 CITY OF NATIONAL CIT PETTY CASH REPLENISHMENT FOR PERIOD 7/1/24-7/3 371204 9/5/24 46.93 CITY OF NATIONAL CIT PETTY CASH REPLENISHMENT FOR PERIOD 7/1/24-7/3 371204 9/5/24 39.50 CITY OF NATIONAL CIT PETTY CASH REPLENISHMENT FOR PERIOD 7/1/24-7/3 371204 9/5/24 25.00 FEDEX ACFR TABS AND BOOK COVER FY END 6/30/23 371209 9/5/24 212.05 HDL COREN & CONE 2023-24 ACFR STATISTICAL PACKAGE 371217 9/5/24 695.00 KAISER FOUNDATION HE OCTOBER 2024 - GROUP #104220 KAISER INS ACTIVE 371220 9/5/24 34,403.02 KAISER FOUNDATION HE OCTOBER 2024 - GROUP #104220 KAISER INS ACTIVE 371220 9/5/24 200,018.81 VISION SERVICE PLAN SEPTEMBER 2024 - VISION SERVICE PLAN (CA)371250 9/5/24 1,640.15 Total for Department 270,821.18 Fire AMAZON VIVITAR SLIDE PROJECTOR 371196 9/5/24 220.65 Total for Department 220.65 Housing / Sec 8 CARPENTER REAL ESTAT APPRAISAL FOR 1845 E AVE.371201 9/5/24 2,950.00 Total for Department 2,950.00 Human Resources Total for Department 0.00 MIS CDWG INGENICO DESK/ 3500 CREDIT CARD READER 371202 9/5/24 890.34 CORELOGIC SOLUTIONS REALQUEST PROPERTY PORTAL FY25 371205 9/5/24 5,728.92 Total for Department 6,619.26 NSD DATA TICKET INC PARKING CITATION PROCESSING SERVICES,371207 9/5/24 2,065.00 DATA TICKET INC ELECTRONIC PERMIT CITATION SYSTEM&PARKING S 371208 9/5/24 2,269.00 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SVC 371230 9/5/24 52.91 THE SHERWIN WILLIAMS MOP 77816 PAINT SUPPLIES 371247 9/5/24 381.28 THE SHERWIN WILLIAMS MOP 77816 PAINT SUPPLIES 371247 9/5/24 239.25 Total for Department 5,007.44 Police 7/8Page 514 of 520 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 10 9/5/2024 PVP COMMUNICATIONS MOTOR HELMETS / PD 371231 9/5/24 4,106.40 PVP COMMUNICATIONS MOTOR HELMETS / PD 371231 9/5/24 5,733.30 SAN DIEGO POLICE EQU 223 AMMO / PD 371236 9/5/24 2,894.99 SAN DIEGO POLICE EQU 12GA AMMO / PD 371236 9/5/24 700.29 SAN DIEGO POLICE EQU BALLISTIC VESTS / PD 371236 9/5/24 884.34 SAN DIEGO POLICE EQU BALLISTIC VESTS / PD 371236 9/5/24 1,356.31 SAN DIEGO POLICE EQU BALLISTIC VESTS / PD 371236 9/5/24 4,142.29 Total for Department 19,817.92 Risk Total for Department 0.00 A/P Total 557,161.80 PAYROLL Pay period Start Date End Date Check Date 18 8/6/2024 8/19/2024 8/28/2024 1,575,481.51 WIRED PAYMENTS Engineering / PW's ARCO BUSINESS SOLUTI FUEL FOR CITY FLEET AUG FY25-PW/EQM 242480085 9/4/24 43,995.46 Housing / Sec 8 UNION TOWER ONE LP UNION TOWER CONSTRUCTION DRAW REQUEST #2 172 9/5/24 981,282.55 SECTION 8 HAPS Start Date End Date 9/3/2024 9/3/2024 1,479,192.47 GRAND TOTAL 4,637,113.79 8/8Page 515 of 520 AGENDA REPORT Department: Planning Prepared by: Martin Reeder, AICP – Asst. Director of Community Development Meeting Date: Tuesday, October 15, 2024 Approved by: Benjamin A. Martinez, City Manager SUBJECT: Amendment of Chapter 18.29 of the National City Municipal Code to Add Regulations for the Mixed-Use Overlay Zone. RECOMMENDATION: Introduce the Ordinance BOARD/COMMISSION/COMMITTEE PRIOR ACTION: On August 21, 2023, the Planning Commission Recommended that the City Council Adopt the Ordinance Amending Title 18 of the Municipal Code. EXPLANATION: The Focused General Plan Update adopted in June of this year included a new zoning overlay district (Mixed-Use Overlay), which applies to the area around East 17th Street and on Roosevelt Avenue west of the Mile of Cars District (see attached Exhibit A). As part of the adoption of amendments to Title 18 of the Municipal Code, a new chapter was created, reviewed, and vetted by staff that included the regulations for the Mixed-Use Overlay. However, it was not included in the final agenda packet that went to the City Council this year due to a clerical error. The City Council initiated this follow-up Code amendment so that the new chapter can be added to the Zoning Code as originally intended. The initiation occurred on September 17, 2024. The draft language is attached as Exhibit B. FINANCIAL STATEMENT: Not applicable RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Housing and Community Development ENVIRONMENTAL REVIEW: A Final Supplemental Program Environmental Impact Report and Mitigation Monitoring and Reporting Program for the City of National City Focused General Plan Update was approved at the March 19, 2024 Council meeting. 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: First Reading EXHIBITS: Exhibit A – Mixed-Use Overlay Area Exhibit B – Proposed NCMC Chapter 18.29.080 Exhibit C – Ordinance Page 516 of 520 Page 517 of 520 18.29.080 Mixed‐use overlay zone (MU). A. Purpose. The purpose of the MU overlay zone is to facilitate progress towards an integrated land use pattern where housing is well‐supported by services and amenities and create a better transition over time to surrounding residential neighborhoods. This overlay allows a combination of uses, which may include residential, commercial, office, industrial, institutional, or recreational uses. B. Applicability. When any property bears on the zoning map of the city, in addition to its zone designation, the symbol MU, the provisions of this section shall apply. C. Permitted Uses. 1. The uses permitted in the MU overlay zone are listed in Appendix A of the Westside Specific Plan. D. Development Standards. 1. The development standards established in Section 18.23.030 for the MCR‐1 zone shall apply to the MU overlay zone. DR A F T Page 518 of 520 ORDINANCE NO. 2024 – 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. WHEREAS, the City of National City (the “City”), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact or amend laws which promote the public health, safety, and general welfare of its residents; and WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and WHEREAS, staff is recommending that Chapter 18.29 be amended by adding Section 18.29.080 Mixed-Use Overlay Zone (MU) for consistency with the zoning map that was adopted as part of the General Plan Update that was adopted on May 7, 2024; and WHEREAS, pursuant to a published 10-day notice of the adoption of said ordinance, a public hearing was held by the City Council on October 15, 2024, and at said public hearing, all persons interested were given the opportunity to appear and be heard before the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The City Council of National City hereby amends Section 18.29 (Overlay Zones) by adding the following section: Chapter 18.29.080 Mixed-use overlay zone (MU). A. Purpose. The purpose of the MU overlay zone is to facilitate progress towards an integrated land use pattern where housing is well‐supported by services and amenities and create a better transition over time to surrounding residential neighborhoods. This overlay allows a combination of uses, which may include residential, commercial, office, industrial, institutional, or recreational uses. B. Applicability. When any property bears on the zoning map of the city, in addition to its zone designation, the symbol MU, the provisions of this section shall apply. C. Permitted Uses. 1. The uses permitted in the MU overlay zone are listed in Appendix A of the Westside Specific Plan. D. Development Standards. Page 519 of 520 2 of 2 1. The development standards established in Section 18.23.030 for the MCR‐1 zone shall apply to the MU overlay zone. Section 2: This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be published once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation published in the County of San Diego, California Section 3: The City Clerk shall certify to the adoption of this Ordinance and shall publish in accordance with the law. INTRODUCTED at the regular meeting of the City Council of the City of National City, held on this 15th day of October, 2024. PASSED and ADOPTED this _____ day of ________, 2024. __________________________ Ron Morrison, Mayor ATTEST: _____________________________ Shelley Chapel, City Clerk APPROVED AS TO FORM: _____________________________ Barry J. Schultz, City Attorney Page 520 of 520