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2025 08-19 CC AGENDA PKT
AGENDA Consolidated Regular Meeting City Council Chamber - 1243 National City Boulevard, National City, CA Ron Morrison, Mayor Marcus Bush, Vice-Mayor – District 4 Scott W. Huth, Interim City Manager Luz Molina, Councilmember- District 1 Barry J. Schultz, City Attorney Jose Rodriguez, Councilmember -District 2 Shelley Chapel, MMC, City Clerk Ditas Yamane, Councilmember – District 3 _______________________________________________________________________ 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. To listen to the live stream in Spanish, you must register for Zoom prior to the meeting for access. All Zoom registration must be completed two (2) hours prior to the City Council Meeting for access. 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) All written comment must be submitted no later than four (4) hours prior to the start of the meeting to allow time for distribution to the City Council. 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. 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 Marcus Bush, Vice-Mayor – District 4 Scott W. Huth, Interim City Manager Luz Molina, Councilmember- District 1 Barry J. Schultz, City Attorney Jose Rodriguez, Councilmember -District 2 Shelley Chapel, MMC, City Clerk Ditas Yamane, Councilmember – District 3 _______________________________________________________________________ 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. Para escuchar la transmission en Español, registration por Zoom es requerido antes del comienzo de la sesión. Todo registro para la trasmisión por Zoom debe completarse dos (2) horas antes de la Reunión del Concejo Municipal. Comentario Público: Las personas que deseen dirigirse al Concejo Municipal sobre asuntos que no están en la agenda pueden hacerlo bajo Comentarios públicos. Quienes deseen hacer uso de la palabra sobre los temas del programa podrán hacerlo cuando se esté examinando el tema. Por favor, envíe una solicitud del orador al Secretario de la Ciudad antes de la reunión o inmediatamente después del anuncio del artículo. Todos los comentarios estarán limitados a tres (3) minutos. El Presidente tendrá la autoridad para reducir el tiempo asignado para dar cabida a un gran número de oradores. (Política del Concejo Municipal 104) Si desea enviar comentarios por escrito, envíe un correo electrónico a la Oficina del Secretario de la Ciudad al menos 1 hora antes de la Reunión del Consejo Municipal para dar tiempo a la distribución al Consejo Municipal. Todos comentarios deben estar sometidos a más tardar cuatro (4) horas antes del comienzo de la sesión. A PARTIR DEL 1 DE ENERO DE 2023 Todas las contribuciones a los candidatos y funcionarios electos actuales deben autoinformar una Declaración de contribución de campaña a un concejal de más de $ 250 en el último año (a partir del 1 de enero de 2023). Este informe puede incluirse en el Recibo del orador de comentarios públicos que se completará antes de la reunión del Concejo Municipal Servicios de interpretación en español: Los servicios de interpretación en español están disponibles, comuníquese con el Secretario de la Ciudad antes del inicio de la reunión para obtener ayuda. Título II de la Ley de Discapacidades Americanas: En cumplimiento con la Ley de Discapacidades Americanas de 1990, las personas con discapacidad pueden solicitar una agenda en formatos alternativos apropiados según lo requerido por el Título II. Cualquier persona con una discapacidad que requiera un modificación o adaptación para participar en una reunión debe dirigir dicha solicitud a la Oficina del Secretario de la Ciudad (619) 336-4228 al menos 24 horas antes de la reunión. AGENDA Consolidated Regular Meeting Tuesday, August 19, 2025, 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.PRESENTATION (Limited to Five (5) Minutes each) 6.1 Flagship Cruises and Events - Electric Ferry 6.2 American Golf - National City Golf Course 7 7.REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) Per Government Code Section 53232.3(d) also known as AB1234: Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. 8.CONSENT CALENDAR The Consent Calendar may be enacted in one motion by the City Council with a Roll Call Vote without discussion unless a Councilmember, a member of the Public, or the City Manager requests an item be removed for discussion. Items removed from the Consent Calendar will be considered immediately following the adoption of the Calendar. 8.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda 8.2 Approval of City Council Meeting Minutes.25 Recommendation: Approve and file. 8.3 Approval of an Agreement Amendment with Burke, Williams & Sorensen, LLP for Legal Services in Connection with Case Titled Cummins v. the City of National City – Appeal by Increasing the Not-to-Exceed Amount by $100,000 for a New Total Not-to-Exceed Amount 40 Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending the Agreement between the City of National City and Burke, Williams & Sorensen, LLP, for Legal Services in Connection with Case Titled Cummins v. the City of National City – Appeal by Increasing the Not-to-Exceed Amount by $100,000 for a New Total Not-to-Exceed Amount of $175,000.” 8.4 Approval of an Amendment to the Agreement with Liebert Cassidy Whitmore for Legal Services Pertaining to Employment Law Matters. 103 Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending the Agreement between the City of National City and Liebert Cassidy Whitmore for Legal Services Regarding Labor and Employment Law Matters to Increase the Not-to-Exceed Amount by $100,000.” 8.5 Approval of an Agreement Amendment with Liebert Cassidy Whitmore for Legal Services in the Specialized Area of Labor Negotiations by Extending the Agreement to December 31, 2025 114 Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending the Agreement between the City of National City and Liebert Cassidy Whitmore for Legal Services in the Specialized Area of Labor Negotiations by Extending the Agreement to December 31, 2025. 8.6 Approval of an Agreement with The Vision Culture Foundation for a Mural on the National City Public Works Building at 1720 Wilson Avenue. 130 Recommendation: Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute an Agreement with The Vision Culture Foundation for a Mural on the Public Works Building Located at 1720 Wilson Avenue.” Page 2 of 588 8.7 Awarding a Contract to A. Preman Roofing, Inc., for the Library Roof Replacement Project, CIP No. 25-09. 147 Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to A. Preman Roofing, Inc. in the Not-to-Exceed Amount of $407,829 for the Library Roof Replacement Project, CIP No. 25-09; 2) Authorizing a 15% Contingency in the Amount of $61,175 for any Unforeseen Changes; 3) Authorizing the Mayor to Execute the Contract; and 4) Authorizing the Establishment of an Appropriation in the Amount of $469,004 in the Library Capital Outlay Fund.” 8.8 Land and Water Conservation Fund Assistance for the Proposed Las Palmas Little League Ballfields Restoration Project 167 Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Approving the Filing of an Application for Land and Water Conservation Fund Grant Funds from the State of California Department of Parks and Recreation for the Proposed Las Palmas Little League Ballfields Restoration Project; 2) Authorizing the City Engineer to Execute the Grant Application, Grant Agreement and Subsequent Documents if Awarded; and 3) Committing to Providing a Local Match.” 8.9 National City Chamber of Commerce Economic Development Agreement – FY 26 193 Recommendation: Adopt the Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute an Agreement between the City of National City and the National City Chamber of Commerce for a Not-to-Exceed Amount of $50,000 to Assist in Economic Development Services.” 8.10 Notice of Decision – Planning Commission Approval of a Coastal Development Permit and Conditional Use Permit (CUP) for On-Site Beer and Wine Sales, and Live Entertainment at an Existing Restaurant (La Malquerida by Dolche) Located at 1524 McKinley Avenue. 212 Recommendation: Staff Recommends Approval of the Request for On-Site Beer and Wine Sales and Live Entertainment, Subject to the Recommended Conditions in the Attached Planning Commission Resolution No. 2025-07, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol and Live Entertainment are Conditionally-Allowed Uses in the Medium Manufacturing Zone and Would be Accessory to Food Sales at the Restaurant. Page 3 of 588 8.11 Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) for On-Site Beer and Wine Sales and Live Entertainment at an Existing Restaurant (Sushi N’ Gone) Located at 1539 E 8th Street. 261 Recommendation: Staff Recommends Approval of the Request for On-Site Beer and Wine Sales and Live Entertainment, Subject to the Recommended Conditions in the Attached Planning Commission Resolution No. 2025-06, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol and Live Entertainment are Conditionally-Allowed Uses in the Major Mixed-Use Corridor Zone and Would be Accessory to Food Sales at the Restaurant. 8.12 2025 Performance Report of Annual Fire Safety Inspections 312 Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Acknowledging Receipt of a Report Made by the Fire Chief of the National City Fire Department Regarding the Annual Inspection of Certain Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.” 8.13 Successor Agency Proposed Budget for Fiscal Year 2025-26 316 Recommendation: Adopt the Resolution Entitled: “Resolution of the Board of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, California, Adopting a Budget of $4,128,682 for Fiscal Year 2025-26.” 8.14 Warrant Register No. 47 for the Period of 5/16/25 through 5/22/25 in the Amount of $2,277,810.41 321 Recommendation: Ratify Warrants Totaling $2,277,810.41 8.15 Warrant Register No. 48 for the Period of 5/23/25 through 5/29/25 in the Amount of $1,181,714.48 330 Recommendation: Ratify Warrants Totaling $1,181,714.48 8.16 Warrant Register No. 49 for the Period of 5/30/25 through 6/5/25 in the Amount of $3,907,751.19 338 Recommendation: Ratify Warrants Totaling $3,907,751.19 Page 4 of 588 9.CONTINUED PUBLIC HEARING 9.1 Continued Public Hearing - First Reading and Introduction of an Ordinance Amending Section 8.32.015 of the National City Municipal Code Related to the Keeping of Hen Chickens. 348 Recommendation: Introduce the Ordinance Entitled: “An Ordinance of the City Council of the City of National City, California, Amending Section 8.32.015 ‘Restrictions on Keeping Certain Animals, Birds, and Reptiles’ of the National City Municipal Code Pertaining to the Allowance of Keeping Additional Hen Chickens.” 10.PUBLIC HEARING The following item(s) have been advertised as public hearing(s) as required by law. 10.1 Public Hearing - First Reading and Introduction of an Ordinance Adding Chapter 6.30 (Short-Term Rentals) to the National City Municipal Code. 353 Recommendation: Introduce the Ordinance Entitled, “An Ordinance of the City Council of the City of National City, California, Amending Title 6 (Business and Franchise Taxes) of the National City Municipal Code Adding Chapter 6.30 (Short-Term Rentals).” 10.2 Public Hearing: Introduction and First Reading of an Ordinance Amending Title 15 (Buildings And Construction) of the National City Municipal Code Creating a New Section (15.83 – Lot Tie Agreements). 375 Recommendation: Introduce the Ordinance Entitled: “An Ordinance of the City Council of the City of National City, California, Amending Title 15 (Buildings and Construction) of the National City Municipal Code Creating a New Section (15.83 – Lot Tie Agreements)” 10.3 Public Hearing – Amendment of NCMC 9.38 establishing a Tobacco Retail License Program 380 Recommendation: Provide Feedback to Staff and/or Introduce the Ordinance entitled, “An Ordinance of the City Council of the City of National City Amending Title 9 of the National City Municipal Code by Amending Chapter 9.38 Pertaining to Tobacco Retailer Licensing and Restricting the Sale, Display and Promotion of Tobacco to Youth.” Page 5 of 588 11.STAFF REPORTS 11.1 Amendment to the Lease and Operating Agreement between the City of National City and American Golf Corporation. 399 Recommendation: Adopt the Resolution Entitled: “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute an Amendment to the Agreement with American Golf Corporation for the Maintenance and Operation of the National City Golf Course to Extend the Agreement by Sixty Days to October 31, 2025.” 11.2 Setting the FY 2026 Property Tax Rate for Library General Obligation Bonds 579 Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Setting the Fiscal Year 2026 Secured Property Tax Rate for the Library General Obligation Bonds at 0.00266 cent (0.00266%) per $100 of Assessed Valuation.” 12.CITY MANAGER’S REPORT 13.ELECTED OFFICIALS REPORT 13.1 POLICY 105 REQUEST - Discussion Regarding Resolution to Support Utility Affordability and Accountability Legislative Package - Requested by Vice- Mayor Bush 583 13.2 POLICY 105 REQUEST - Discussion Regarding Activity Cultural Economic (ACE) - Requested by Vice-Mayor Bush 588 14.CITY ATTORNEY REPORT 15.ADJOURNMENT Regular Meeting of the City Council of the City of National City - Tuesday, September 2, 2025 - 6:00 p.m. - Council Chambers - National City, California. Page 6 of 588 1439 Sweetwater Road National City, CA 91950 nationalcitygc.com TOGETHER WE CAN Page 7 of 588 GENERAL MANAGER OPERATIONS MANAGER SUPERINTENDENT PROGRAMMING Page 8 of 588 Page 9 of 588 NATIONAL CITY GOLF COURSE Page 10 of 588 Page 11 of 588 Revenue Investement Daily Operations Risk Mangement ✅ Covers 100% of operating costs ✅ Maintains & staffs facility ✅ Invests in upkeep & improvements ✅ Manages revenue (green fees, events) ✅ Absorbs risk during downturns/weather ✅ Handles cleanup & repairs (e.g., af ter rain) ✅ No direct operating expense ✅ Receives consistent rent ✅ Gains enhanced community amenity ✅ Protects public land and access ✅ Retains land ownership & open space ✅ No taxpayer funds required Public Benefit: Clean, Open, Accessible Green Space + Guaranteed Rent + No City Cost Page 12 of 588 Page 13 of 588 Page 14 of 588 Page 15 of 588 Page 16 of 588 NATIONAL CITY GOLF COURSE Page 17 of 588 CORALES FAMILY National City Golf Course serves as more than just a place to play—it is a hub for connection, recreation, and community wellness. Welcoming to residents of all ages, the course reflects the diversity and resilient spirit of National City, offering a space where families gather, friendships grow, and a true sense of belonging is fostered. EASTER WOMEN’S CLUB “I love National City Golf Course! This has been a home of mine for over 20 years, the golf course and staff is an extension of my family. The golf course means so much to me. I want you to remain here for many more years, long after I’m gone!” -Helen Labrada National City Resident Page 18 of 588 NATIONAL CITY GOLF COURSE Page 19 of 588 “NCGC has been gracious in providing our student athletes with time to practice, range balls, and a venue for them to develop their skills to improve as golfers. These skills will assist in their future careers, as golf is a sport for networking and doing business.” -Ervin G. Hernandez Athletic Director/Adapted Physical Education Specialist Sweetwater High School “I have never experienced the generosity NCGC has given us at any other course.” -Michael Metzig Head Golf Program Coach Sweetwater High School National City Golf Course serves as a critical access point for youth development in our community Strong partnerships with local schools & organizations like SCGA Hundreds of juniors introduced to golf and mentorship opportunities Programs teach discipline, integrity, sportsmanship, and perseverance A safe, structured alternative to at-risk behaviors Page 20 of 588 NATIONAL CITY GOLF COURSE Page 21 of 588 At National City Golf Course, we believe every community deserves a space that feels like home. That’s why we’ve worked with heart and intention to make our course a welcoming place for all—regardless of age, background, or ability. From family tournaments and senior leagues to veterans’ outings and community walks for causes like cancer awareness, we’ve created programs that bring people together and celebrate what makes National City special. This sense of shared ownership isn’t just good for golf— it’s a reflection of our values. It fosters connection, builds civic pride, and strengthens the inclusive spirit that defines our city Page 22 of 588 NATIONAL CITY GOLF COURSE Page 23 of 588 CAPITAL IMPROMVENTS Bridge Replacement Bunker Sand INSTRUCTION & PROGRAMMING Expand programming for Senior, Women, and Juniors Community Events: Easter Egg Hunt, Family Day, Movie Night Grow the Game Initiatives ENVIRONMENTAL Explore Audubon Certification Explore Solar Energy Applications Page 24 of 588 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, MMC, City Clerk Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Interim City Manager SUBJECT: Approval of City Council Meeting Minutes. RECOMMENDATION: Approve and file. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Meeting Minutes: Special City Council Meeting of July 29, 2025 – Closed Session Special City Council Meeting of August 5, 2025 – Closed Session Regular City Council Meeting of August 5, 2025 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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Special City Council Meeting of July 29, 2025 – Closed Session – Meeting Minutes Exhibit B – Special City Council Meeting of August 5, 2025 – Closed Session – Meeting Minutes Exhibit C – Regular City Council Meeting of August 5, 2025 – Meeting Minutes Page 25 of 588 SPECIAL MEETING MINUTES OF THE CITY COUNCIL CLOSED SESSION July 29, 2025, 4:00 p.m. City Council Chamber - 1243 National City Boulevard National City, CA Present: Councilmember Molina Councilmember Rodriguez Councilmember Yamane Vice-Mayor Bush Mayor Morrison Others Present: Scott W. Huth, Interim City Manager Barry J. Schultz, City Attorney Shelley Chapel, City Clerk (via Zoom) Bruce Foltz, Director of Finance Tonya Hussain, Deputy City Clerk Conchita Waite, Acting Human Resources Director _____________________________________________________________________ 1. CALL TO ORDER A Special Meeting of the City Council of the City of National City was called to order at 4:05 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. 2. ROLL CALL Councilmembers present: Molina, Rodriguez, Yamane, Bush, Morrison 3. PLEDGE OF ALLEGIANCE Councilmember Yamane led the Pledge of Allegiance. 4. PUBLIC COMMENT (Public Comment will be Restricted to Agenda Items Only) The Mayor has allowed two-minutes for comment. Page 26 of 588 5. CLOSED SESSION Members retired into Closed Session at 4:24 p.m. and returned at 10:33 p.m. with all members present in attendance: Molina, Rodriguez, Yamane, Bush, Morrison, and Schultz Special Counsel: Berliner left at 6:30 p.m. Following Closed Session City Attorney Schultz reported the following on items discussed: 5.1 The City Council provided directions to the Labor Negotiator. 5.2 and 5.3 Involved existing litigation including Cali Mota and BCD v City of National City and a report was provided on the status of mediation efforts with those parties. 5.4 Existing Litigation Polanco v City of National City – No reportable action. 5.5 Anticipated Litigation – No reportable action. 5.6 Public Employee Performance Evaluation involving the Interim City Manager – No reportable action. 5.1 CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 5457.6 Employee Organizations: Municipal Employees’ Association (SEIU, Local 221), National City Firefighters Association (Local 2744), and Police Officers Association (POA), Unrepresented Groups: Executive, Confidential, and Management Agency Designated Representatives: Steven Berliner (Labor Negotiator) Scott Huth (Interim City Manager) Bruce Foltz (Finance Director) Conchita Waite (Acting Human Resources Director) In-Person Comment Stephanie Mendiola James Kim Ed Nieto 5.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9 (d) (1) Name of Case: BCD, LLC v City of National City. et al Superior Court of California, County of San Diego Case Number: 37-2023-00012507-CU-WM-CTL In-Person Comment Dukie Valderrama Page 27 of 588 5.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9 (d) (1) Name of Case: Cali Mota, LLC v City of National City. et al Superior Court of California, County of San Diego Case Number: 37-2023-00007308-CU-WM-CTL 5.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Micaela Polanco v. The City of National City, et al Case Number: 25CU004193C In-Person Comment Marissa Cuevas Alexander Gutterud 5.5 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Government Code Section 54956.9 (d) (2) Number of Potential Cases: 1 In-Person Comment Alisha Morrison 5.6 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957(b) Position to be Reviewed: Interim City Manager 6. ADJOURNMENT Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, August 5, 2025, 5:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. The meeting adjourned at 10:34 p.m. ___________________________ Shelley Chapel, MMC, City Clerk The foregoing minutes were approved at the Regular Meeting of August 19, 2025. __________________________ Ron Morrison, Mayor Page 28 of 588 SPECIAL MEETING MINUTES OF THE CITY COUNCIL CLOSED SESSION August 5, 2025, 4:00 p.m. City Council Chamber - 1243 National City Boulevard National City, CA Present: Councilmember Molina Councilmember Rodriguez Councilmember Yamane Vice-Mayor Bush Mayor Morrison Others Present: Scott W. Huth, Interim City Manager Barry J. Schultz, City Attorney Shelley Chapel, City Clerk (via Zoom) Bruce Foltz, Director of Finance Tonya Hussain, Deputy City Clerk Sergio Mora, Fire Chief Richard E. Romero, Assistant City Attorney Conchita Waite, Acting Human Resources Director _____________________________________________________________________ 1. CALL TO ORDER A Special Meeting of the City Council of the City of National City was called to order at 4:03 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: Molina, Rodriguez, Yamane, Bush, Morrison 3. PLEDGE OF ALLEGIANCE Councilmember Yamane led the Pledge of Allegiance. 4. PUBLIC COMMENT (Public Comment will be Restricted to Agenda Items Only) The Mayor allowed two-minutes for each public comment. Page 29 of 588 In-Person Comment: Jeremy Day and Ed Nieto 5. CLOSED SESSION Members retired into Closed Session at 4:10 p.m. and returned at 5:06 p.m. with all members present in attendance: Molina, Rodriguez, Yamane, Bush, Morrison, and Schultz Special Counsel: Bickler entered Closed Session at 4:10 p.m. and left at 4:15 p.m. Special Counsel: Berliner entered Closed Session at 4:15 p.m. and left at 4:37 p.m. 5.1 LIABILITY CLAIM Government Code Section 54954.5 WORKERS COMPENSATION CLAIM NO. 24-180196 WCAB NO. ADJ 19419440 Claimant: Derek Jones v. City of National City Fire Department 5.2 CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 5457.6 Employee Organizations: Municipal Employees’ Association (SEIU, Local 221), National City Firefighters Association (Local 2744), and Police Officers Association (POA), Unrepresented Groups: Executive, Confidential, and Management Agency Designated Representatives: Steven Berliner (Labor Negotiator) Scott Huth (Interim City Manager) Bruce Foltz (Finance Director) Conchita Waite (Acting Human Resources Director) 6. ADJOURNMENT Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, August 5, 2025, 5:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. The meeting adjourned at 5:06 p.m. ___________________________ Shelley Chapel, MMC, City Clerk The foregoing minutes were approved at the Regular Meeting of August 19, 2025. __________________________ Ron Morrison, Mayor Page 30 of 588 REGULAR MEETING MINUTES OF THE CITY COUNCIL August 5, 2025, 5:00 p.m. City Council Chamber - 1243 National City Boulevard National City, CA Present: Councilmember Molina Councilmember Rodriguez Councilmember Yamane Vice-Mayor Bush Mayor Morrison Others Present: Scott W. Huth, Interim City Manager Barry J. Schultz, City Attorney Shelley Chapel, City Clerk (via Zoom) Bruce Foltz, Director of Finance Danielle Ghio, City Librarian Alex Hernandez, Chief of Police Tonya Hussain, Deputy City Clerk Martha Juarez, Asst. Director of Engineer/Public Works Tracy Lamb, Interim Community Services Director Sergio Mora, Fire Chief Martin Reeder, Assistant Director of Community Development Conchita Waite, Acting Human Resources Director _____________________________________________________________________ 1. CALL TO ORDER A Regular Meeting of the City Council of the City of National City was called to order at 5:08 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: Molina, Rodriguez, Yamane, Bush, Morrison Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon. Page 31 of 588 3. PLEDGE OF ALLEGIANCE TO THE FLAG City Councilmember Molina led the Pledge of Allegiance. 4. INVOCATION None. Item not on the agenda In memoriam, Mayor Morrison recognized David Avalos and Eric Esperon and announced he would adjourn the meeting in their honor. Recognition in honor of Eric Esperon was accepted by Tony Sanchez. 5. PUBLIC COMMENT Mayor Morrison summarized the process for acceptance of live public comment allowing one (1) minute per comment and introduced City Clerk Chapel. In-person comment: Virtual Comment: Elizabeth Murphy Judy Strang Alisha Morrison Becky Rapp Micaela Polanco Terri Skelly Marissa Cuevas Madison Rapp Alexander Gutterud Shukri Aden Jessica Diaz Ruth Cuevas Written Comment: Maricar Comaya Ernesto Castaneda on behalf of Assemblymember Alvarez Jeanine Mariaelena Aguilar Joseph Crawford Maria G. Martinez Ed Nieto Gloria Salas Irma Hernandez Ana Reveles Magdalena Alvarez Donna Lopez Victor Valle Grace Rojas-Jimenez April Jackson Arnel Andres Maria Irvin Jamie Esteller Brenda Estrada Percy Wilford Vice-Mayor Bush left the dais at 5:41 p.m. and returned at 5:44 p.m. Mayor Morrison left the dais at 5:46 p.m. and returned at 5:47 p.m. Councilmember Rodriguez left the dais at 5:57 p.m. and returned at 5:59 p.m. Page 32 of 588 6. PROCLAMATIONS AND RECOGNITION 6.1 Introduction of New City Employees Chief of Police Alex Hernandez, Acting Human Resources Director Conchita Waite, and Neighborhood Services Manager Ronny Soriano introduced new department staff. 7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) Councilmember Molina provided an update on SANDAG. There were no other reports. 8. CONSENT CALENDAR ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to approve the Consent Calendar with the exception of Items 8.7, 8.16, 8.19, and 8.20 pulled for public comment. Motion carried by unanimous vote. 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. 8.3 Acceptance of Donation from the Fleet Science Center and Authorization of a Corresponding Budget Adjustment in the Library Fund Adopted Resolution No. 2025-79 Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing, in Accordance with City Council Policy No. 204, the Acceptance of the Donation of $15,000 from the Fleet Science Center, and Authorizing the Establishment of a Corresponding Appropriation in the Library Fund for Library Programs that Promote STEAM Education and Community Engagement.” Motion carried by unanimous vote. Page 33 of 588 8.4 Agreement Between the City of San Diego Office of Emergency Services and the City of National City for the Distribution of FY24 Urban Area Security Initiative (UASI) Grant Funds. Adopted Resolution No. 2025-80 Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California (1) Authorizing the Mayor to Execute an Agreement between the City of San Diego Office of Emergency Services and the City of National City and (2) Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $507,211 Based on the Fiscal Year 2024 Urban Area Security Initiative (“UASI”) Grant for the Reimbursable Grant Purchase of Training and Equipment for the National City Police and Fire Departments.” Motion carried by unanimous vote. 8.5 Amendment to Restricted Grant Agreement with the State of California Department of Transportation for the Clean California Local Grant Program for the National City Eastside I-805 Community Greenbelt Project CIP No. 22-09. Adopted Resolution No. 2025-81 Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute an Amendment to the Restricted Grant Agreement with the State of California Department of Transportation for the Clean California Local Grant Program for the National City Eastside I-805 Community Greenbelt Project, CIP No. 22-09.” Motion carried by unanimous vote. 8.6 Annual Appropriations Limit for Fiscal Year 2026 Adopted Resolution No. 2025-82 Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving and Adopting the Annual Appropriations Limit of $88,935,393 for Fiscal Year 2026” Motion carried by unanimous vote. Item pulled for public comment. 8.7 Authorize the purchase of Roofing Materials from The Garland Company, Inc. for the National City Public Library. Adopted Resolution No. 2025-83 Public comment received from Thomas Rike. Recommendation: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant Page 34 of 588 to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto California Multiple Award Schedule Contract # 4-20-56-0006B with The Garland Company, Inc. for the Purchase of Roofing Materials in a Not-to-Exceed Amount of $622,584 for the National City Public Library; and 2) Authorizing the Establishment of an Appropriation of $622,584 in the Library Capital Outlay Fund.” ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to adopt the resolution. Motion carried by unanimous vote. 8.8 Bayshore Bikeway Segment 5 and Connections Project, CIP 19-24, ATP Cycle 7 Grant Appropriation for Construction Phase. Adopted Resolution No. 2025-84 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. F031 with the State of California Department of Transportation for Construction of the Bayshore Bikeway – Segment 5 and Connections Project, CIP 19-24, ATP Cycle 7; and 2) Authorizing the Establishment of an Engineering Grants Fund Appropriation of $5,681,000 and Corresponding Revenue Budget.” Motion carried by unanimous vote. 8.9 Increase Contract Amount for the Bicycle Wayfinding Project, CIP No. 19-25, through use of Active Transportation Program Grant Funds. Adopted Resolution No. 2025-85 Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing a Change Order and Increase to the Contract with A Good Sign & Graphics Co. in the Amount of $139,980 for the Bicycle Wayfinding Project, CIP No. 19-25.” Motion carried by unanimous vote. 8.10 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence Located at 2005 Grove Street. Adopted Resolution No. 2025-86 Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 2005 Grove Street.” Motion carried by unanimous vote. Page 35 of 588 8.11 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence Located at 1215 Hoover Avenue. Adopted Resolution No. 2025-87 Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 1215 Hoover Avenue.” Motion carried by unanimous vote. 8.12 International Association of Fire Fighters Medical Reimbursement Plan Revision. Adopted Resolution No. 2025-88 Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving Employee Contributions to the International Association of Fire Fighters Medical Expense Reimbursement Plan to Allow Employees who Promote out of the National City Firefighters’ Association into Management or Executive Positions to Continue Participation in the Plan.” Motion carried by unanimous vote. 8.13 Investment Report for the Quarter Ended March 31, 2025. Accept and File the Investment Report for the Quarter Ended March 31, 2025. Motion carried by unanimous vote. 8.14 Project Close-Out and Notice of Completion for the 3131 Hoover Avenue Storm Drain Replacement Project, CIP No. 24-11. Adopted Resolution No. 2025-89 Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by Bert W. Salas, Inc. for the 3131 Hoover Avenue Storm Drain Replacement Project, CIP No. 24-11; 2) Approving the Final Contract Amount of $465,343.15; 3) Ratifying the Release of Retention in the Amount of $23,267.16; and 4) Authorizing the Mayor to Sign the Notice of Completion.” Motion carried by unanimous vote. 8.15 Project Close-Out and Notice of Completion for the 16th Street and M Avenue Storm Drain Repair Project, CIP No. 24-12. Adopted Resolution No. 2025-90 Page 36 of 588 Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by Palm Engineering Construction Company, Inc. for the 16th Street and M Avenue Storm Drain Repair Project, CIP No. 24-12; 2) Approving the Final Contract Amount of $355,279.09; 3) Ratifying the Release of Retention in the Amount of $17,763.95; and 4) Authorizing the Mayor to Sign the Notice of Completion.” Motion carried by unanimous vote. Item pulled for public comment. 8.16 Purchase of Roofing Materials from The Garland Company, Inc. for National City Fire Station 34. Adopted Resolution No. 2025-91 Public comment received from Thomas Rike. 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 California Multiple Award Schedule Contract # 4-20-56-0006B with The Garland Company, Inc. for the Purchase of Roofing Materials in a Not-to-Exceed Amount of $194,524 for National City Fire Station 34; and 2) Authorizing the Establishment of an Appropriation of $194,524 in the Capital Improvement Program Fund for Facility Upgrades.” ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to adopt the resolution. Motion carried by unanimous consent. 8.17 Temporary Use Permit – Pumpkin Station hosted by Pinery Christmas Trees at Westfield Plaza Bonita Mall from September 26, 2025, through October 31, 2025, with No Waiver of Fees. Approve the Application for a Temporary Use Permit Subject to Compliance with all Conditions of Approval with No Waiver of Fees and in Accordance with City Council Policy 802. Motion carried by unanimous vote. 8.18 Warrant Register No. 44 for the Period of 4/25/25 through 5/1/25 in the Amount of $2,738,659.12 Ratify Warrants Totaling $2,738,659.12 Motion carried by unanimous vote. Page 37 of 588 Item pulled for public comment. 8.19 Warrant Register No. 45 for the Period of 5/2/25 through 5/8/25 in the Amount of $2,144,837.38 Public comment received from Thomas Rike. Recommendation: Ratify Warrants Totaling $2,144,837.38 ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Yamane to ratify the warrants for Item 8.19 and 8.20. Motion carried by unanimous vote. Item pulled for public comment. 8.20 Warrant Register No. 46 for the Period of 5/9/25 through 5/15/25 in the Amount of $3,721,471.31 Public comment received from Thomas Rike. Recommendation: Ratify Warrants Totaling $3,721,471.31 ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Yamane to ratify the warrants for Item 8.19 and 8.20. Motion carried by unanimous vote. 9. STAFF REPORTS 9.1 Review and Discussion of the 2025 Master Fee Schedule Public comment was received by Thomas Rike and Ed Nieto. Recommendation: Direct City staff regarding which fees in the 2025 Master Fee Schedule, if any, should be amended from the level adopted at the June 3, 2025 City Council meeting. If any fees should be amended, direct City staff regarding the level to which the fees should be amended. ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Molina to approve the 2025 Master Fee Schedule. Motion carried by unanimous vote. 10. CITY MANAGER’S REPORT Interim City Manager Huth announced the library's closure for the day due to a waterline break and efforts to provide temporary facilities for continued service. 11. ELECTED OFFICIALS REPORT Closing remarks were provided by members of the City Council. Page 38 of 588 12. CITY ATTORNEY REPORT Mayor Morrison introduced City Attorney Schultz who reported on Closed Session agenda Items 5.1 and 5.2. Item 5.1 – Proposed settlement was approved unanimously in the amount of $94,902.50. Item 5.2 – Negotiators were provided with instructions. CLOSED SESSION 5.1 LIABILITY CLAIM Government Code Section 54954.5 WORKERS COMPENSATION CLAIM NO. 24-180196 WCAB NO. ADJ 19419440 Claimant: Derek Jones v. City of National City Fire Department 5.2 CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 5457.6 Employee Organizations: Municipal Employees’ Association (SEIU, Local 221), National City Firefighters Association (Local 2744), and Police Officers Association (POA), Unrepresented Groups: Executive, Confidential, and Management Agency Designated Representatives: Steven Berliner (Labor Negotiator) Scott Huth (Interim City Manager) Bruce Foltz (Finance Director) Conchita Waite (Acting Human Resources Director) 13. ADJOURNMENT Mayor Morrison adjourned the meeting in memory and honor of David Avalos and Eric Esperon to the Regular Meeting of the City Council of the City of National City, Tuesday, August 19, 2025, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. The meeting adjourned at 6:28 p.m. ___________________________ Tonya Hussain, CMC, Deputy City Clerk The foregoing minutes were approved at the Regular Meeting of August 19, 2025. ___________________________ Ron Morrison, Mayor Page 39 of 588 AGENDA REPORT Department: City Attorney's Office Prepared by: Barry Schultz, City Attorney Meeting Date: Tuesday, August 19, 2025 Approved by: Scott Huth, Interim City Manager SUBJECT: Approval of an Agreement Amendment with Burke, Williams & Sorensen, LLP for Legal Services in Connection with Case Titled Cummins v. the City of National City – Appeal by Increasing the Not-to-Exceed Amount by $100,000 for a New Total Not-to-Exceed Amount RECOMMENDATION: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending the Agreement between the City of National City and Burke, Williams & Sorensen, LLP, for Legal Services in Connection with Case Titled Cummins v. the City of National City – Appeal by Increasing the Not-to-Exceed Amount by $100,000 for a New Total Not-to- Exceed Amount of $175,000.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: On May 7 2024, with City Council approval, the City entered into an agreement with Burke, Williams & Sorensen, LLP, to provide advice and counsel to the City in connection with Litigation and Government Claims for a not-to-exceed amount of $75,000 per case. Burke, Williams & Sorensen, LLP, represents the City in the case titled Cummins v. the City of National City – Appeal. The scope of work includes post-trial motions and the appeal of the judgment. To avoid any lapse in the City’s ability to consult with Burke, Williams & Sorensen, LLP, City staff recommends amending the existing Agreement as it pertains to the case titled Cummins v. the City of National City - Appeal to cover the costs of providing an increased scope of services from the original amount of $75,000 by $100,000 for a new total not-to-exceed amount of $175,000. The increased costs are covered by insurance. FINANCIAL STATEMENT: Sufficient appropriations exist in the Liability Insurance Fund to pay for the services to be provided under this amendment to the agreement. 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. Page 40 of 588 PUBLIC NOTIFICATION: The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – 1st Amendment Exhibit B – Agreement Exhibit C – Resolution Page 41 of 588 Amended Agreement Page 1 City of National City and Burke, Williams & Sorensen, LLP AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BURKE, WILLIAMS & SORENSEN, LLP THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this ____ day of August, 2025, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and Burke, Williams & Sorensen, LLP (the “FIRM”). RECITALS WHEREAS, the CITY and the FIRM entered into an Agreement on May 7, 2024 (the “Agreement”), wherein the FIRM agreed to provide advice and counsel to the CITY in connection with litigation and government claims for a not-to-exceed amount of $75,000 per case; and WHEREAS, the FIRM represents the CITY in the case titled Cummins v. the City of National City – Appeal and has provided the legal work associated with the post-trial motions and will include the appeal of the judgment; and WHEREAS, the parties desire to amend the Agreement as it pertains to the case titled Cummins v. the City of National City - Appeal to cover the costs of providing increase scope of services from the original amount of $75,000 by increasing the not -to-exceed by by $ 100,000 for a new total not-to-exceed amount of $ 175,000. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The May 7, 2024 Agreement is hereby amended to cover the cost of the increased scope of services from the original not-to-exceed amount of $75,000 by an increase amount of $100,000, for a new total not-to-exceed amount of $175,000 as it pertains to the case titled Cummins v. the City of National City – Appeal. 2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the May 7, 2024 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. Page 42 of 588 Amended Agreement Page 2 City of National City and Burke, Williams & Sorensen, LLP CITY OF NATIONAL CITY By:________________________ Ron Morrison, Mayor APPROVED AS TO FORM: By:___________________________ Barry J. Schultz, City Attorney BURKE, WILLIAMS & SORENSEN, LLP By: __________________________ Title:_________________________ Page 43 of 588 Page 44 of 588 Page 45 of 588 Page 46 of 588 Page 47 of 588 Page 48 of 588 Page 49 of 588 Page 50 of 588 Page 51 of 588 Page 52 of 588 Page 53 of 588 Page 54 of 588 Page 55 of 588 Page 56 of 588 Page 57 of 588 Page 58 of 588 Page 59 of 588 Page 60 of 588 Page 61 of 588 Page 62 of 588 Page 63 of 588 Page 64 of 588 Page 65 of 588 Page 66 of 588 Page 67 of 588 Page 68 of 588 Page 69 of 588 Page 70 of 588 Page 71 of 588 Page 72 of 588 Page 73 of 588 Page 74 of 588 Page 75 of 588 Page 76 of 588 Page 77 of 588 Page 78 of 588 Page 79 of 588 Page 80 of 588 Page 81 of 588 Page 82 of 588 Page 83 of 588 Page 84 of 588 Page 85 of 588 Page 86 of 588 Page 87 of 588 Page 88 of 588 Page 89 of 588 Page 90 of 588 Page 91 of 588 Page 92 of 588 Page 93 of 588 Page 94 of 588 Page 95 of 588 Page 96 of 588 Page 97 of 588 Page 98 of 588 Page 99 of 588 Page 100 of 588 Page 101 of 588 RESOLUTION NO. 2025 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND BURKE, WILLIAMS & SORENSEN, LLP, FOR LEGAL SERVICES IN CONNECTION WITH CASE TITLED CUMMINS V. THE CITY OF NATIONAL CITY – APPEAL BY INCREASING THE NOT- TO-EXCEED AMOUNT BY $100,000 FOR A NEW TOTAL NOT-TO-EXCEED AMOUNT OF $175,000. WHEREAS, on May 7, 2024, the City of National City (“City”) entered into an agreement with Burke, Williams & Sorensen, LLP, to assist in representing the City in connection with litigation and government claims (the “Agreement”); and WHEREAS, Burke, Williams & Sorensen, LLP, represents the City in the case titled Cummins v. the City of National City – Appeal and the scope of work includes post-trial motions and includes the appeal of the judgment; and WHEREAS, the parties desire to amend the Agreement as it pertains to the case titled Cummins v. the City of National City - Appeal to cover the costs of providing an increased scope of services from the original amount of $75,000 by $100,000 for a new total not-to-exceed amount of $175,000. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes the execution of an amendment, attached as Exhibit A to the Agenda Report, to the May 7, 2024 Agreement between the City of National City and Burke, Williams & Sorensen, LLP, as it pertains to the case titled Cummins v. the City of National City - Appeal to cover the costs of providing an increased scope of services from the original amount of $75,000 by $100,000 for a new total not-to-exceed amount of $175,000. 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 19th day of August, 2025. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 102 of 588 AGENDA REPORT Department: Human Resources Prepared by: Conchita Waite, Acting Human Resources Director Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Interim City Manager SUBJECT: Approval of an Amendment to the Agreement with Liebert Cassidy W hitmore for Legal Services Pertaining to Employment Law Matters. RECOMMENDATION: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending the Agreement between the City of National City and Liebert Cassidy Whitmore for Legal Services Regarding Labor and Employment Law Matters to Increase the Not- to-Exceed Amount by $100,000.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: On June 21, 2022, the City entered into an agreement with Liebert Cassidy Whitmore to provide as-needed general legal services regarding labor and employment law matters for a not-to- exceed amount of $50,000. In order to continue to pay outstanding invoices for services that were not anticipated and to provide resources for future legal services, staff is requesting to increase the not-to-exceed amount by $100,000 for a new total not-to-exceed amount of $150,000. FINANCIAL STATEMENT: Sufficient appropriations exist in the Human Resources Department’s Professional Services account to pay for the additional services. 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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A - Amendment Exhibit B – Agreement Exhibit C - Resolution Page 103 of 588 Amended Agreement Page 1 City of National City and Liebert Cassidy Whitmore AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND LIEBERT CASSIDY WHITMORE THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 19th day of August, 2025, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and LIEBERT CASSIDY WHITMORE (the “FIRM”). RECITALS WHEREAS, the CITY and the FIRM entered into an Agreement on June 21, 2022 (the “Agreement”), wherein the FIRM agreed to provide advice and counsel to the CITY on employment law matters including, as needed, general legal services regarding labor employment law matters for a not-to-exceed amount of $50,000; and WHEREAS, the parties desire to amend the Agreement by increasing the not-to-exceed amount by $100,000.00, for a total not-to-exceed amount of $150,000,.00. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The June 21, 2022 Agreement is hereby amended to increase the not to-exceed amount by $100,000.00, for a total not-to-exceed amount of $150,00.00. 2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the June 21, 2022 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By:________________________ Scott Huth, Interim City Manager APPROVED AS TO FORM: By:___________________________ Barry J. Schultz City Attorney LIEBERT CASSIDY WHITMORE By: __________________________ Title:_________________________ Page 104 of 588 Page 105 of 588 Page 106 of 588 Page 107 of 588 Page 108 of 588 Page 109 of 588 Page 110 of 588 Page 111 of 588 Page 112 of 588 RESOLUTION NO. 2025 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND LIEBERT CASSIDY WHITMORE FOR LEGAL SERVICES REGARDING LABOR AND EMPLOYMENT LAW MATTERS TO INCREASE THE NOT-TO-EXCEED AMOUNT BY $100,000. WHEREAS, on June 21, 2022, the City of National City (“City”) entered into an agreement with Liebert Cassidy Whitmore to provide as-needed general legal services regarding labor and employment law matters for a not-to-exceed amount of $50,000 (the “Agreement”); and WHEREAS, in order to continue to receive legal services under this agreement, City staff recommends amending the Agreement to increase the not-to-exceed amount by $100,000, for a new total not-to-exceed amount of $150,000. 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 execution of an amendment, attached as Exhibit A to the Agenda Report, to the June 21, 2022 agreement between the City of National City and Liebert Cassidy Whitmore for legal services regarding labor and employment law matters to increase the not-to-exceed amount by $100,000, for a new total not-to-exceed amount of $150,000. Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 19th day of August, 2025. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 113 of 588 AGENDA REPORT Department: City Attorney's Office Prepared by: Barry Schultz, City Attorney Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Interim City Manager SUBJECT: Approval of an Agreement Amendment with Liebert Cassidy Whitmore for Legal Services in the Specialized Area of Labor Negotiations by Extending the Agreement to December 31, 2025 RECOMMENDATION: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending the Agreement between the City of National City and Liebert Cassidy Whitmore for Legal Services in the Specialized Area of Labor Negotiations by Extending the Agreement to December 31, 2025. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: On August 6, 2024, with City Council approval, the City entered into an Agreement with Liebert Cassidy Whitmore for Labor Negotiation services effective August 6, 2024 through July 31, 2025. On June 17, 2025, with City Council approval, the Agreement with Liebert Cassidy Whitmore was amended to extend the Agreement to August 31, 2025 and accepted the new hourly rates. To avoid any lapse in the City’s ability to consult with Liebert Cassidy Whitmore, City staff recommends amending the existing Agreement by extending the Agreement to December 31, 2025. The City is currently in labor negotiations. FINANCIAL STATEMENT: Sufficient appropriations exist in the City Manager’s Professional Services account to pay for the costs of services provided under this agreement. 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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act. ORDINANCE: Page 114 of 588 Not Applicable EXHIBITS: Exhibit A – 2nd Amendment Exhibit B – 1st Amendment Exhibit C– Agreement Exhibit D– Resolution Page 115 of 588 2nd Amended Agreement Page 1 City of National City and Liebert Cassidy Whitmore AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND LIEBERT CASSIDY WHITMORE THIS SECOND AMENDMENT TO THE AGREEMENT is entered into this ____ day of August, 2025, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and Liebert Cassidy Whitmore (the “FIRM”). RECITALS WHEREAS, the CITY and the FIRM entered into an Agreement on August 6, 2024 (the “Agreement”), wherein the FIRM agreed to provide advice and counsel to the CITY in connection with labor negotiations for the term of August 6, 2024 through July 31, 2025; and WHEREAS, on June 17, 2025, the CITY and the FIRM amended the original Agreement by extending the term of the Agreement to August 31, 2025, and to increase hourly rates; and WHEREAS, the parties desire to amend the Agreement by extending the term of the Agreement to December 31, 2025. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The August 6, 2024 Agreement is hereby amended to extend the term of the Agreement to December 31, 2025. 2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the August 6, 2024 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By:________________________ Ron Morrison, Mayor APPROVED AS TO FORM: By:___________________________ Barry J. Schultz, City Attorney LIEBERT CASSIDY WHITMORE By: __________________________ Title:_________________________ Page 116 of 588 Page 117 of 588 Page 118 of 588 Page 119 of 588 Page 120 of 588 Page 121 of 588 Page 122 of 588 Page 123 of 588 Page 124 of 588 Page 125 of 588 Page 126 of 588 Page 127 of 588 Page 128 of 588 RESOLUTION NO. 2025 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND LIEBERT CASSIDY WHITMORE FOR LEGAL SERVICES IN THE SPECIALIZED AREA OF LABOR NEGOTIATIONS BY EXTENDING THE AGREEMENT TO DECEMBER 31, 2025. WHEREAS, on August 6, 2024, the City of National City (“City”) entered into an agreement with Liebert Cassidy Whitmore to assist in representing the City in connection with labor negotiations with its three formal labor groups effective August 6, 2024 through July 31, 2025 (the “Agreement”); and WHEREAS, on June 17, 2025, the CITY and the FIRM amended the original Agreement by extending the term of the Agreement to August 31, 2025, and increased the hourly rates; and WHEREAS, the parties desire to amend the Agreement by extending the term of the Agreement to December 31, 2025. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes the execution of an amendment, attached as Exhibit A to the Agenda Report, to the August 6, 2024 Agreement between the City of National City and Liebert Cassidy Whitmore for legal services in the specialized area of labor negotiations by extending the term of the agreement to December 31, 2025. 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 19th day of August, 2025. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 129 of 588 AGENDA REPORT Department: City Manager's Office Prepared by: Pedro Garcia, Economic Development Manager Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Interim City Manager SUBJECT: Approval of an Agreement with The Vision Culture Foundation for a Mural on the National City Public Works Building at 1720 Wilson Avenue. RECOMMENDATION: Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute an Agreement with The Vision Culture Foundation for a Mural on the Public Works Building Located at 1720 Wilson Avenue.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: On April 22, 2025, the Public Art Committee received a presentation on the proposed mural and voted to recommend approval of the project. EXPLANATION: The City of National City, in collaboration with local nonprofit Vision Culture Foundation, proposes to install a graffiti-style mural on two exterior walls of the Public Works building at 1720 Wilson Avenue, which faces the I-5 freeway and are regularly targeted by graffiti. The mural seeks to: Deter ongoing vandalism through artistic activation of public space Beautify a highly visible corridor in the city Celebrate the City’s diverse cultural identity and workforce Scope of Work Per the proposal from Vision Culture Foundation (Exhibit A), the mural will: Cover approximately 2,700 square feet across two walls Be painted by 6 artists working over the span of one work week (approx. 240 hours total) Feature a theme centered on community unity, history, and resilience Include materials such as spray paint, ladders, rollers, scaffolding, and artist supplies Budget Breakdown: Artist honorariums (6 artists): $8,280 Paint and supplies: $3,720 Total Base Cost: $12,000 Optional Add-On: $2,000 for a 2-year maintenance and touch-up plan Total with Maintenance Option: $14,000 Page 130 of 588 This project represents the first step in a broader beautification effort aimed at installing murals along the full stretch of freeway-facing walls in the area, including the Extra Storage facility. These walls are routinely targeted by graffiti, and the City intends to explore a phased approach to public art as a long-term solution to reduce vandalism and support the workload of graffiti abatement crews. Funding will be provided by the City, and Vision Culture will serve as the creative lead. The City retains ownership of the mural. FINANCIAL STATEMENT: Project cost is $12,000, with an optional $2,000 allocation for ongoing maintenance. Funding for this project is available in the Facilities Maintenance Fund in account 626-10-31-31500-7299- (Contract Services). 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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Agreement Exhibit B – Scope of Services Exhibit C – Resolution Exhibit D – Mural Rendition Page 131 of 588 Page 1 of 12 Standard Agreement Revised January 2024 City of National City and The Vision Culture Foundation AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE VISION CULTURE FOUNDATION THIS AGREEMENT is entered into by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and THE VISION CULTURE FOUNDATION, a California non-profit corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to deliver a public art project consisting of painting a mural at the City-owned Public Works building located at 1726 Wilson Avenue in National City (the "Project"); and WHEREAS, based on review of the CONSULTANT'S proposal and artistic background, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services; and WHEREAS, the CONSULTANT agrees that upon completion of the Project, ownership of the physical works of art installed within public rights of way shall be transferred to the CITY, and the CONSULTANT waives and releases all rights of ownership to those works of art. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF THE CONSULTANT. The CITY agrees to engage the CONSULTANT to deliver the Project, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement shall not become effective and binding until fully executed by both the CITY and the CONSULTANT. The duration of this Agreement is for the period of one (1) year, commencing July 1, 2025 through June 30, 2026. 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall keep staff and City Council advised of the progress on the Project. Page 132 of 588 Page 2 of 12 City of National City and The Vision Culture Foundation Standard Agreement Revised January 2024 The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Engineering & Public Works, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Ryan Johnson, Director, thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be paid lump sum based on monthly billings covering actual work performed. The total cost for all work described in Exhibit "A" shall not exceed $14,000. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT 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 the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS; LICENSES. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for the Project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to the Project; and (3) shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Ownership of all materials and concepts produced for the CITY under this Agreement, including but not limited to the completed work described in Exhibit "A", and all rights to licensing and reproductions of the work, shall pass to and become the property of the CITY, once payment for that phase of work is made by the CITY. The CITY, at its option, will store all drawings and materials that may assist with future repairs. The CONSULTANT shall Page 133 of 588 Page 4 of 12 City of National City and The Vision Culture Foundation Standard Agreement Revised January 2024 waive all rights to the work, including copyright, moral rights under the Visual Artists Rights Act, rights under the California Art Preservation Act, and any other artistic rights that may exist in the work. The CONSULTANT hereby assigns to the CITY all rights to produce, give, sell, and distribute still or motion images and models or other likeness of any kind of the work, the compensation for which is part of the fee described in Section 5 above, but shall exercise no rights thereto inconsistent with the provision of this Section 7. The CITY agrees to make reasonable efforts to provide appropriate credit to the CONSULTANT on all such material, but is not obligated to do so. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and the CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. the CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works and 17 United States Code §l 06A and §113(d) relating to artists rights. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 15, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of the Project, unless otherwise mutually agreed. The provisions of this Section 7 shall survive the termination of this Agreement. Further, professional artists under contract with the CONSULTANT for the purpose of performing work under this Agreement are required to adhere to the applicable terms of this Agreement, including the provisions of this Section 7. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subconsultants, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by the CONSULTANT with its subconsultant(s) shall require the subconsultant(s) to adhere to the applicable terms of this Page 134 of 588 Page 4 of 12 City of National City and The Vision Culture Foundation Standard Agreement Revised January 2024 Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and the CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its subconsultant(s), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration, or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes, or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes, or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub-section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. Page 135 of 588 Page 5 of 12 City of National City and The Vision Culture Foundation Standard Agreement Revised January 2024 13. DRUG FREE WORKPLACE. The CONSULTANT agrees to comply with the CITY's Drug-Free Workplace requirements. Every person awarded a contract by the CITY for the provision of services shall certify to the CITY that it will provide a drug-free workplace. Any subcontract entered into by the CONSULTANT pursuant to this Agreement shall contain this provision. 14. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to ensure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 15. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 15, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightf ully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions, or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm, or corporation. The CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 16. 16. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, the CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's performance or other obligations under this Agreement; Page 136 of 588 Page 6 of 12 City of National City and The Vision Culture Foundation Standard Agreement Revised January 2024 provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and the CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 17. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 17.1 PERS Eligibility Indemnification. If the CONSULTANT's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. The CONSULTANT's employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of the CITY; (4) receive any employer contributions paid by the CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. The CONSULTANT's employees hereby waive any claims to benefits or compensation described in this Section 17. This Section 17 applies to the CONSULTANT notwithstanding any oilier agency, state, or federal policy, rule, regulation, law, or ordinance to the contrary. 17.2 Limitation of CITY Liability. The payment made to the CONSULTANT under this Agreement shall be the full and complete compensation to which the CONSULTANT and the CONSULTANT's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither the CONSULTANT nor the CONSULTANT's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave, or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of the CONSULTANT. The CITY shall not be required to pay any workers' compensation insurance on behalf of the CONSULTANT. 17.3 Indemnification for Employee Payments. The CONSULTANT agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) the CONSULTANT, (2) any employee of the CONSULTANT, or (3) any employee of the CONSULTANT construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. Page 137 of 588 Page 7 of 12 City of National City and The Vision Culture Foundation Standard Agreement Revised January 2024 18. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code, and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, and hold harmless· the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought, or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 19. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subconsultant(s), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of$1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non-owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of the CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If the CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, the CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to the CONSULTANT by the CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: Page 138 of 588 Page 8 of 12 City of National City and The Vision Culture Foundation Standard Agreement Revised January 2024 City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY's Risk Manager. In the event coverage is provided by non- admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 19 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self-insured retentions in excess of ten-thousand dollars ($10,000) must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 19, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 20. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out-of-court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 21. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon sixty (60) day's written notice to the CONSULTANT. During said sixty (60) day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in Page 139 of 588 Page 9 of 12 City of National City and The Vision Culture Foundation Standard Agreement Revised January 2024 connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name, or change in business status of the CONSULTANT. 22. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile, or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified, or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile, or fax, when sent. Any notice, request, demand, direction, or other communication delivered or sent as specified above shall be directed to the following persons: CITY: Pedro Garcia Economic Development Manager Office of the City Manager City of National City 1243 National City Boulevard National City, CA 91950-4397 CONSULTANT: Ryan Johnson Co-Director The Vision Culture Foundation 2440 Highland Avenue National City, CA 91950 Page 140 of 588 Page 10 of 12 City of National City and The Vision Culture Foundation Standard Agreement Revised January 2024 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request, or communication sent. Any notice, request, demand, direction, or other communication sent by cable, telex, telecopy, facsimile, or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 23. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process, or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. D If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk The CONSULTANT shall be strictly liable to the CITY for all damages, costs, or expenses the CITY may suffer by virtue of any violation of this Section 23 by the CONSULTANT. 24. PREYAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wage rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. The CONSULTANT is solely responsible to determine if state prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 25. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday, or federal, state, or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday, or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. Page 141 of 588 Page 11 of 12 City of National City and The Vision Culture Foundation Standard Agreement Revised January 2024 D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Assignment & Assumption of Rights. The CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. J. Audit. If this Agreement exceeds ten-thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 19 and the indemnification and hold harmless provision of Section 16 of this Agreement. N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation, and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. Page 142 of 588 Page 12 of 12 City of National City and The Vision Culture Foundation Standard Agreement Revised January 2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year written below. CITY OF NATIONAL CITY By: __________________________ Scott W. Huth, Interim City Manager APPROVED AS TO FORM: By: ____________________________ Barry J. Schultz City Attorney Date: ___________ THE VISION CULTURE FOUNDATION (Corporation – signatures of two corporate officers required) (Partnership or Sole proprietorship – one signature) By: ______________________________ Ryan Johnson Co-Director Date: ___________ CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4397 Phone: 619-336-4523 Contact: Scott W. Huth Title: Interim City Manager Dept.: City Manager Email: shuth@nationalcityca.gov THE VISION CULTURE FOUNDATION 2440 Highland Avenue National City, CA 91950 Phone: 619-247-4592 Contact: Ryan Johnson Title: Co-Director Email: rj@visionculture.com Taxpayer I.D. No.: Page 143 of 588 Page 144 of 588 RESOLUTION NO. 2025 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE VISION CULTURE FOUNDATION FOR A MURAL ON THE PUBLIC WORKS BUILDING LOCATED AT 1720 WILSON AVENUE. WHEREAS, the Public Works building located at 1720 Wilson Avenue is a frequent target for graffiti and vandalism; and WHEREAS, the City of National City (“City”) desires to beautify the area and reduce staff time dedicated to repeated graffiti abatement efforts; and WHEREAS, The Vision Culture Foundation, a designated 501(c)(3) non-profit based in the City, provides various art programing and events, mentorship and resources for youth and the community; and WHEREAS, City and The Vision Culture Foundation seek to partner to develop and implement a community-based public art project consisting of painting a mural at the Public Works building (the “Project”), for a total project cost of $12,000, with an optional two-year maintenance provision at an additional cost of $2,000; and WHEREAS, the proposed mural was reviewed and recommended for approval by the Public Art Committee at its regular meeting on April 22, 2025; and WHEREAS, City staff recommends executing the agreement with The Vision Culture Foundation for the Project for the not-to-exceed amount of $14,000. 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 an agreement with The Vision Culture Foundation for a mural on the Public Works building located at 1720 Wilson Avenue for the not-to-exceed amount of $14,000. Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 19th day of August, 2025. Ron Morrison, Mayor ATTEST: Shelley Chapel, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 145 of 588 Page 146 of 588 AGENDA REPORT Department: Engineering and Public Works Prepared by: Ricardo Rodriguez, Assistant Engineer-Civil Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Interim City Manager SUBJECT: Awarding a Contract to A. Preman Roofing, Inc., for the Library Roof Replacement Project, CIP No. 25-09. RECOMMENDATION: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to A. Preman Roofing, Inc. in the Not-to-Exceed Amount of $407,829 for the Library Roof Replacement Project, CIP No. 25-09; 2) Authorizing a 15% Contingency in the Amount of $61,175 for any Unforeseen Changes; 3) Authorizing the Mayor t o Execute the Contract; and 4) Authorizing the Establishment of an Appropriation in the Amount of $469,004 in the Library Capital Outlay Fund.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: In October 2024, the Engineering & Public Works Department commissioned a comprehensive roof inspection and assessment of all City-owned facilities. The results of the assessment confirmed that the multiple roofs covering the National City Public Library, which were installed nearly 20 years ago, have exceeded their useful life and need to be replaced. The Library Roof Replacement project, CIP No. 25-09 will remove and replace the existing roof at the National City Library. On June 17, 2025, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On June 20, 2025 and June 27, 2025, the bid solicitation was advertised in the local newspaper. On July 9, 2025, seven (7) bids were received by the 2:00 p.m. deadline and A. Preman Roofing, Inc. was the apparent lowest bidder with a total bid amount of $407,829. Upon review of all documents submitted, A. Preman Roofing, Inc.’s bid was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Staff recommends awarding a contract to A. Preman Roofing, Inc. in the not -to-exceed amount of $407,829 and authorizing a 15% contingency in the amount of $61,175 to address any unforeseen conditions that may arise. Page 147 of 588 FINANCIAL STATEMENT: Fund balance in the Library Capital Outlay Fund is available for this project: Contract Award - $407,829 (new appropriation – Library Capital Outlay Fund) Expenditure Account No. 108-10-18-18500-7598-1620108 (Library Roof Replacement) 15% Contingency - $61,175 (new appropriation – Library Capital Outlay Fund) Expenditure Account No. 108-10-18-18500-7598-1620108 (Library Roof Replacement) RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Parks, Recreation and Library 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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Bid Opening Summary Exhibit B – Summary of Bid Items Exhibit C – Owner-Contractor Agreement Exhibit D – Resolution Page 148 of 588 Exhibit A BID OPENING SUMMARY NAME: Library Roof Replacement CIP NO: 25-09 DATE: July 9, 2025 TIME: 2:00 P.M. ESTIMATE: $550,000 PROJECT ENGINEER: Ricardo Rodriguez NO. BIDDER’S NAME BID AMOUNT BID SECURITY - BOND 1 A. Preman Roofing, Inc. 875 34th Street San Diego, CA 92102 $407,829 Bond 2 Commercial & Industrial Roofing Co., Inc. 9239 Olive Drive Spring Valley, CA 91977 $422,152 Bond 3 A Good Roofer, Inc. 11651 Riverside Drive, Suite 145 Lakeside, CA 92040 $439,530 Bond 4 Chambers, Inc. 1563 Sterling Court Escondido, CA 92029 $556,625 Bond 5 Sylvester Roofing Company, Inc. 306N West El Norte Parkway, #371 Escondido, CA 92026 $792,000 Bond 6 Best Contracting Service, Inc. 19027 S Hamilton Avenue Gardena, CA 90248 $873,472 Bond 7 Danny Letner, Inc. 1490 N Glassell Street Orange, CA 92867 $907,300 Bond Page 149 of 588 Exhibit B SUMMARY OF BID ITEMS NAME: Library Roof Replacement CIP NO: 25-09 DATE: July 9, 2025 TIME: 2:00 P.M. ESTIMATE: $550,000 PROJECT ENGINEER: Ricardo Rodriguez Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Removal, disposal and replacement of the existing roofing system and installation of a new roofing system per specifications LS 1 $407,829.00 $407,829.00 $422,152.00 $422,152.00 $439,530.00 $439,530.00 Subtotal $407,829.00 $422,152.00 $439,530.00 Total $407,829.00 $422,152.00 $439,530.00 A. Preman Roofing, Inc. Commercial & Industrial Roofing Co., Inc.A Good Roofer, Inc. Page 150 of 588 OWNER - CONTRACTOR AGREEMENT LIBRARY ROOF REPLACEMENT, CIP NO. 25-09 This Owner-Contractor Agreement (“Agreement”) is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and A. Preman Roofing, Inc. (“Contractor”), 875 34th Street, San Diego, CA 92102, on the 19th day of August, 2025, 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 151 of 588 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. Owner shall have the right to control Contractor insofar as the results of Contractor's services Page 152 of 588 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 13, above: (Initial) (Initial) Page 153 of 588 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: A. Preman Roofing, Inc. Ron Morrison (Owner/Officer signature) Mayor, City of National City Print name and title APPROVED AS TO FORM: (Second officer signature if a corporation) By: __________________________________ Barry J. Schultz Print name and title City Attorney Contractor’s City Business License No. State Contractor’s License No. and Class Business street address City, State and Zip Code Page 154 of 588 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 155 of 588 EXHIBIT B CONTRACT PRICE No. Item Description Unit Qty Unit Price Line Total Base Bid 1 Removal, disposal and replacement of the existing roofing system and installation of a new roofing system per specifications LS 1 $407,829.00 $407,829.00 Subtotal $407,829.00 Total $407,829.00 Page 156 of 588 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 157 of 588 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 158 of 588 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2025- _____, OR the City Manager of the City of National City, on the 19th day of August, 2025, has awarded A. Preman Roofing, Inc., hereinafter designated as the "Principal", the LIBRARY ROOF REPLACEMENT. 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 Four Hundred Seven Thousand, Eight Hundred Twenty-Nine Dollars ($407,829.00) 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 change, extension of Page 159 of 588 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 160 of 588 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 161 of 588 PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2025- _____, OR the City Manager of the City of National City, on the 19th day of August, 2025, has awarded A. Preman Roofing, Inc., hereinafter designated as the "Principal", the LIBRARY ROOF REPLACEMENT. 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 Four Hundred Seven Thousand, Eight Hundred Twenty-Nine Dollars ($407,829.00) 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 insure 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 162 of 588 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 163 of 588 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 164 of 588 RESOLUTION NO. 2025 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AWARDING A CONTRACT TO A. PREMAN ROOFING, INC. IN THE NOT-TO-EXCEED AMOUNT OF $407,829 FOR THE LIBRARY ROOF REPLACEMENT PROJECT, CIP NO. 25- 09; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $61,175 FOR ANY UNFORESEEN CHANGES; 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; AND 4) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION IN THE AMOUNT OF $469,004 IN THE LIBRARY CAPITAL OUTLAY FUND. WHEREAS, the Library Roof Replacement project, CIP No. 25-09 (the “Project”) will remove and replace the existing roof at the National City Library, which was installed nearly 20 years ago and has exceeded its useful life; and WHEREAS, on June 17, 2025, the bid solicitation for the Project was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on June 20th and June 27th, 2025, the bid solicitation was advertised in the local newspaper; and WHEREAS, on July 9, 2025, seven (7) bids were received by the 2:00 p.m. deadline; and WHEREAS, upon review of all documents submitted, A. Preman Roofing, Inc.’s bid in the total bid amount of $407,829 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 A. Preman Roofing, Inc. in the not to-exceed amount of $407,829 for the Library Roof Replacement project, CIP No. 25-09; 2) authorizing a 15% contingency in the amount of $61,175 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; and 4) establishing an appropriation in the amount of $469,004 in the Library Capital Outlay Fund. 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 A. Preman Roofing, Inc. in the not-to-exceed amount of $407,829 for the Library Roof Replacement project, CIP No. 25-09. Section 2: That the City Council hereby authorizes a 15% contingency in the amount of $61,175 for any unforeseen changes. Section 3: That the City Council hereby authorizes the establishment of appropriation in the amount of $469,004 in the Library Capital Outlay Fund. 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. Page 165 of 588 PASSED and ADOPTED this 19th day of August, 2025. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 166 of 588 AGENDA REPORT Department: Engineering and Public Works Prepared by: Stephen Manganiello, Director of Engineering & Public Works Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Interim City Manager SUBJECT: Land and Water Conservation Fund Assistance for the Proposed Las Palmas Little League Ballfields Restoration Project RECOMMENDATION: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Approving the Filing of an Application for Land and Water Conservation Fund Grant Funds from the State of California Department of Parks and Recreation for the Proposed Las Palmas Little League Ballfields Restoration Project; 2) Authorizing the City Engineer to Execute the Grant Application, Grant Agreement and Subsequent Documents if Awarded; and 3) Committing to Providing a Local Match.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The ballfields at Las Palmas Park provide an opportunity for hundreds of local youth to participate in organized team sports, specifically Little League and Girls Softball. The two fields, which get consistent play throughout the year, are in need of major restoration to ensure a safe and accessible experience for players and fans. Staff has identified an opportunity to apply for a Land and Water Conservation Fund (LWCF) grant, which if approved, will contribute up to 50% towards the cost of improvements. Major elements of the project include restoration of both ballfields to improve drainage and performance, installation of permeable concrete walking paths for ADA compliance, slope stabilization and erosion control using retaining walls and planting vegetation, and replacement of the bleachers and outfield fencing. The estimated project cost is $810,000. The project has strong support from the community based on numerous requests received from the Little League President, parents and other community members to improve conditions of the ballfields for safety and accessibility. The LWCF grant provides an excellent opportunity to close the funding gap for construction of the project. A City Council Resolution is required to demonstrate support for the project and commitment to providing the minimum grant match of $405,000 (which is 50% of the total project cost). Funding for the grant match is available through adoption of the Fiscal Year 2026 Capital Improvement Program Fund Budget. Staff anticipates receiving notification as to whether the project has been selected for funding by Spring 2026. In the interim, City Public Works Parks Division will continue to support the leagues with maintenance of the ballfields. Page 167 of 588 FINANCIAL STATEMENT: If grant funds are awarded, staff will return to City Council to establish appropriations and corresponding revenue budget. LWCF Grant Amount Requested (Federal Grant) - $405,000 Local Match Required (funds available in Capital Improvement Program Fund) - $405,000 RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Parks, Recreation and Library 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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Site Plan Exhibit B – Grant Agreement Template Exhibit C – Resolution Page 168 of 588 Page 169 of 588 Page 170 of 588 Page 171 of 588 Page 172 of 588 Date Grant Contract Department of Parks and Recreation Sample Grant Contract Land and Water Conservation Fund GRANTEE__________________________________________________________________________ PROJECT TITLE______________________________________PROJECT NUMBER______________ GRANT PERFORMANCE PERIOD is from_________________________________________________ The GRANTEE agrees to the terms and conditions of this contract, hereinafter referred to as AGREEMENT, and the State of California, acting through its Liaison Officer pursuant to the program named above, and agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the GRANT SCOPE as defined in the GRANT SCOPE/Cost Estimate Form of the APPLICATION filed with the State of California referenced by the application number indicated above. PROJECT DESCRIPTION: The General Provisions attached are made a part of and incorporated into the Contract. Code of Federal Regulations, Title 2, Subtitle A, Ch. II, Part 200 – Grant Agreements – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards is made part of and incorporated into this Contract as Exhibit A. Total State Grant not to exceed __________________ (or 50% of the total Project, whichever is less. The federally approved surcharge will be deducted at the time of billing. ) Rate of Reimbursement __________% ___________________________________________________________ Grantee By_______________________________________ Typed or printed name of Authorized Representative STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION ___________________________________________ Signature of Authorized Representative Title_____________________________________ ____________________________________ By_____________________________ Date____________________________ CERTIFICATION OF FUNDING AMOUNT OF ESTIMATE CONTRACT NUMBER PROJECT NO. FUND Land and Water Conservation Fund ADJ. INCREASING ENCUMBRANCE APPROPRIATION ADJ. DECREASING ENCUMBRANCE CALSTARS VENDOR NO. UNENCUMBERED BALANCE LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR T. B. A. NO. B. R. NO. INDEX OBJ. EXPEND PCA PROJECT/WORK PHASE I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance. SIGNATURE OF ACCOUNTING OFFICER DATE 27 Page 173 of 588 28 State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION Land and Water Conservation Fund Grant Contract Provisions Part I - Definitions A. The term “NPS” as used herein means the National Park Service, United States Department of the Interior. B. The term “Director” as used herein means the Director of the National Park Service, or any representative lawfully delegated the authority to act for such Director. C. The term “Secretary” as used herein means the Secretary of the Interior, or any representative lawfully delegated the authority to act for such Secretary. D. The term “State” as used herein means the State, Territory, or District of Columbia that is a party to the project agreement, and, where applicable, the political subdivision or public agency to which funds are to be subawarded pursuant to this agreement. Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it is to apply solely to the State. For purposes of these provisions, the terms “State,” “grantee,” and “recipient” are deemed synonymous. E. The term “Land and Water Conservation Fund” or “LWCF” as used herein means the Financial Assistance to States section of the LWCF Act (Public Law 88-578, 78 Stat 897, codified at 54 U.S.C. § 2003), which is administered by the NPS. F. The term “Manual” as used herein means the Land and Water Conservation Fund State Assistance Program Manual, Volume 71 (March 11, 2021). G. The term “project” as used herein means a Land and Water Conservation Fund grant which is subject to the grant agreement and/or its subsequent amendments. Part II - Continuing Assurances The parties to the grant agreement specifically recognize that accepting LWCF assistance for the project creates an obligation to maintain the property described in the agreement and supporting application documentation consistent with the LWCF Act and the following requirements. Further, it is the acknowledged intent of the parties hereto that recipients of LWCF assistance will use monies granted hereunder for the purposes of this program, and that assistance granted from the LWCF will result in a net increase, commensurate at least with the Federal cost-share, in a participant's outdoor recreation. It is intended by both parties hereto that the LWCF assistance will be added to, rather than replace or be substituted for, State and/or local outdoor recreation funds. A. The State agrees, as recipient of the LWCF assistance, that it will meet the LWCF General Provisions, and the terms and provisions as contained or referenced in, or Page 174 of 588 29 attached to, the NPS grant agreement and that it will further impose these terms and provisions upon any political subdivision or public agency to which funds are subawarded pursuant to the grant agreement. The State also agrees that it shall be responsible for compliance with the terms and provisions of the agreement by such a political subdivision or public agency and that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply. B. The State agrees that the property described in the grant agreement and depicted on the signed and dated project boundary map made part of that agreement is being acquired or developed with LWCF assistance, or is integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of property leased from a federal agency. The Secretary shall approve such conversion only if it is found to be in accord with the then existing statewide comprehensive outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location (54 U.S.C. 200305(f)(3)). The LWCF post-completion compliance regulations at 36 C.F.R. Part 59provide further requirements. The replacement land then becomes subject to LWCF protection. The approval of a conversion shall be at the sole discretion of the Secretary, or her/his designee. Prior to the completion of this project, the State and the Director may mutually agree to alter the area described in the grant agreement and depicted in the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded LWCF protection as Fund reimbursement is provided. In the event the NPS provides LWCF assistance for the acquisition and/or development of property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation use as a result of such right or interest being exercised will occur. In receipt of this approval, the State agrees to notify the NPS of the potential conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions and the program regulations. The provisions of this paragraph are also applicable to: leased properties developed with LWCF assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the NPS; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the NPS. C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quality and quantity of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under this agreement by the United Page 175 of 588 30 States would be inadequate compensation to the United States for any breach by the State of this agreement. The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement or the submission and approval of a conversion request as described in Section II.B above. D. The State agrees to comply with the policies and procedures set forth in the Manual. Provisions of said Manual are incorporated into and made a part of the project grant agreement. E. The State agrees that the property and facilities described in the grant agreement shall be operated and maintained as prescribed by Manual requirements and published post-completion compliance regulations (36 C.F.R. Part 59). F. The State agrees that a notice of the grant agreement shall be recorded in the public property records (e.g., registry of deeds or similar) of the jurisdiction in which the property is located, to the effect that the property described and shown in the scope of the grant agreement and the signed and dated project boundary map made part of the agreement, has been acquired or developed with LWCF assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary as described in Part II.B. above. G. Nondiscrimination 1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to nondiscrimination as outlined in Section V of the Department of the Interior Standard Award Terms and Conditions. 2. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence as set forth in 54 U.S.C. § 200305(i) and the Manual. Part III - Project Assurances A.Project Application 1. The Application for Federal Assistance bearing the same project number as the Grant Agreement and associated documents is by this reference made a part of the agreement. 2. The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as may be required. Page 176 of 588 31 3. The State has the capability to finance the non-Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. B.Project Execution 1. The project period shall begin with the date of approval of the project agreement or the effective date of a waiver of retroactivity and shall terminate at the end of the stated or amended project period unless the project is completed or terminated sooner in which event the project shall end on the date of completion or termination. 2. The State shall transfer to the project sponsor identified in the Application for Federal Assistance all funds granted hereunder except those reimbursed to the State to cover eligible expenses derived from a current approved negotiated indirect cost rate agreement. 3. The State will cause work on the project to start within a reasonable time after receipt of notification that funds have been approved and assure that the project will be implemented to completion with reasonable diligence. 4.. The State shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations. 5. The State will provide for and maintain competent and adequate architectural/ engineering supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the NPS may require. 6.In the event the project covered by the project agreement cannot be completed in accordance with the plans and specifications for the project; the State shall bring the project to a point of recreational usefulness agreed upon by the State and the Director or her/his designee in accord with Section “Project Termination” of this agreement. 7. As referenced in the DOI Standard Terms and Conditions, the State will ensure the project’s compliance with applicable federal laws and their implementing regulations, including: the Architectural Barriers Act of 1968 (P.L. 90-480) and DOI’s Section 504 Regulations (43 C.F.R. Part 17); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), and applicable regulations; and the Flood Disaster Protection Act of 1973 (P.L. 93-234). 8. The State will comply with the provisions of: Executive Order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and Executive Order 11990 relating to the protection of wetlands. 9. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108) and the Advisory Council on Historic Preservation regulations 36 C.F.R. Part 800) by adhering to procedural requirements while considering the effect of this grant award on historic properties. The Act requires federal agencies to take into account the effects of their undertaking (grant Page 177 of 588 32 award) on historic properties by following the process outlined in regulations. That process includes (1) initiating the process through consultation with the State Historic Preservation Officer and other on the undertaking, as necessary, by (2) identifying historic properties listed on or eligible for inclusion on the National Register of Historic Places that are subject to effects by the undertaking, as necessary, by (3) assessing the effects of the undertaking upon such properties, if present, and by (4) resolving adverse effects through consultation and documentation according to 36 C.F.R. § 800.11. If an unanticipated discovery is made during implementation of the undertaking the State in coordination with NPS shall consult per provisions 36 C.F.R § 800.13. 10. The State will assist the NPS in its compliance with the National Environmental Policy Act of 1969, as amended (42 U.S.C. §4321 et seq.) and the CEQ regulations (40 C.F.R. § 1500-1508), by adhering to procedural requirements while considering the consequences of this project on the human environment. This Act requires Federal agencies to take into account the reasonably foreseeable environmental consequences of all grant-supported activities. Grantees and subrecipients are required to provide the NPS with a description of any foreseeable impacts to the environment from grant- supported activities or demonstrate that no impacts will occur through documentation provided to the NPS. The applicant must submit an Application & Revision Form in order to asst the NPS in determining the appropriate NEPA pathway when grant- assisted development and other ground disturbing activities are expected. If a Categorical Exclusion (CE) is the appropriate NEPA pathway, the NPS will confirm which CE, according to NPS Director’s Order 12, applies. C.Construction Contracted for by the State Shall Meet the Following Requirements: 1. Contracts for construction shall comply with the provisions of 43 CFR Part 12 (Administrative and Audit Requirements and Cost Principles for Assistance Programs, Department of the Interior). 2. No grant or contract may be awarded by any grantee, subgrantee or contractor of any grantee or subgrantee to any party which has been debarred or suspended under Executive Order 12549. By signing the LWCF agreement, the State certifies that it will comply with debarment and suspension provisions appearing at Part III-J herein. D.Retention and Custodial Requirements for Records 1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained in accordance with 43 CFR Part 12 for a period of three years; except the records shall be retained beyond the three-year period if audit findings have not been resolved. 2. The retention period starts from the date of the final expenditure report for the project. 3. State and local governments are authorized to substitute copies in lieu of original records. 4. The Secretary of the Interior and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the State and local governments and their subgrantees which Page 178 of 588 33 are pertinent to a specific project for the purpose of making audit, examination, excerpts and transcripts. E.Project Termination 1. The Director may temporarily suspend Federal assistance under the project pending corrective action by the State or pending a decision to terminate the grant by the NPS. 2. The State may unilaterally terminate the project at any time prior to the first payment on the project. After the initial payment, the project may be terminated, modified, or amended by the State only by mutual agreement with the NPS. 3. The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly notify the State in writing of the determination and the reasons for the termination, together with the effective date. Payments made to States or recoveries by the NPS under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4. The Director or State may terminate grants in whole, or in part at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. The NPS may allow full credit to the State for the Federal share of the noncancelable obligations, properly incurred by the grantee prior to termination. 5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the State and the Director or that all funds provided by the NPS be returned. F.Lobbying with Appropriated Funds The State must certify, for the award of grants exceeding $100,000 in Federal assistance, that no Federally appropriated funds have been paid or will be paid, by or on behalf of the State, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding, extension, continuation, renewal, amendment, or modification of this grant. In compliance with Section 1352, title 31, U.S. Code, the State certifies, as follows: The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, Page 179 of 588 34 amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. G.Provision of a Drug-Free Workplace In compliance with the Drug-Free Workplace Act of 1988 (43 CFR Part 12, Subpart D), the State certifies, as follows: The grantee certifies that it will or continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of a grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Page 180 of 588 35 (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted; (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). The State must include with its application for assistance a specification of the site(s) for the performance of work to be done in connection with the grant. H. Hold Harmless The Grantee shall indemnify the State of California and its officer, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liability due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, Development, construction, operation, or maintenance of the Project. I.Civil Rights Assurance The State certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it will comply with all Federal laws relating to nondiscrimination. These laws include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of race, color, or national origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et. seq.), which prohibits discrimination on the basis of age; and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, handicap or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that have not received or benefited from Federal financial assistance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall Page 181 of 588 36 obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Department. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date. The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United State shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and subrecipients and the person whose signature appears on the grant agreement and who is authorized to sign on behalf of the Applicant. J.Debarment and Suspension Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. The State further agrees that it will include the clause "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions" appearing below in any agreement entered into with lower tier participants in the implementation of this grant. Department of Interior Form 1954 (DI- 1954) may be used for this purpose. Page 182 of 588 37 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this application that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this application. K.Build America, Buy America As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program. Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: 1.all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; 2.all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and 3.all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within Page 183 of 588 38 the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. For further information on the Buy America preference, please visit www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White House Made in America Office website: www.whitehouse.gov/omb/management/made- inamerica/. Waivers When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a waiver from these requirements, subject to review by the Made in America Office. The DOI may waive the application of the domestic content procurement preference in any case in which it is determined that one of the below circumstances applies: 1.Non-availability Waiver: the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; 2.Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent; or 3. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest. There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver as described at: www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers. If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within the limitations defined within the waiver, the recipient is not required to request a separate waiver for non-domestic materials. If a general applicability waiver does not already apply, and a recipient believes that one of the above circumstances applies to an award, a request to waive the application of the domestic content procurement preference may be submitted to the financial assistance awarding officer in writing. Waiver requests shall include the below information. The waiver shall not include any Privacy Act information, sensitive data, or proprietary information within their waiver request. Waiver requests will be posted to www.doi.gov/grants/buyamerica and are subject to public comment periods of no less than 15 days. Waiver requests will also be reviewed by the Made in America Office. 1.Type of waiver requested (non-availability, unreasonable cost, or public interest). 2.Requesting entity and Unique Entity Identifier (UEI) submitting the request. 3.Department of Interior Bureau or Office who issued the award. 4.Federal financial assistance listing name and number (reference block 2 on DOI Notice of Award) Page 184 of 588 39 5.Financial assistance title of project (reference block 8 on DOI Notice of Award). 6.Federal Award Identification Number (FAIN). 7.Federal funding amount (reference block 11.m. on DO Notice of Award). 8.Total cost of Infrastructure expenditures (includes federal and non-federal funds to the extent known). 9.Infrastructure project description(s) and location(s) (to the extent known). 10. List of iron or steel item(s), manufactured goods, and construction material(s) the recipient seeks to waive from Buy America requirements. Include the name, cost, countries of origin (if known), and relevant PSC or NAICS code for each. 11. A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor. 12. A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach) by the recipient, in an attempt to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America compliant bids received in response to a solicitation. 13. Anticipated impact if no waiver is issued. Approved waivers will be posted at www.doi.gov/grants/BuyAmerica/ApprovedWaivers; recipients requesting a waiver will be notified of their waiver request determination by an awarding officer. Questions pertaining to waivers should be directed to the financial assistance awarding officer. Definitions “Construction materials” includes an article, material, or supply that is or consists primarily of: •non-ferrous metals; •plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); •glass (including optic glass); •lumber; •or drywall. “Construction Materials” does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. “Domestic content procurement preference’’ means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. “Infrastructure” includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband Page 185 of 588 40 infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. ‘‘Project’’ means the construction, alteration, maintenance, or repair of infrastructure in the United States. Page 186 of 588 Definitions Capitalized words and terms used in this procedural guide are defined below. ACQUISITION – to obtain fee simple title of real property or a permanent easement, which gives permanent rights to use the property for the purposes of the GRANT SCOPE. A lease or rental is not considered ACQUISITION. APPLICANT – an eligible entity which does not yet have an ENCUMBERED CONTRACT with DPR. APPLICATION – the APPLICATION Form and attachments submitted by an APPLICANT to OGALS to request GRANT funding through a competitive process and to describe the proposed use of the GRANT as required by the “APPLICATION GUIDE for the Land & Water Conservation Program.” APPLICATION GUIDE – the OGALS procedural guide that explains the requirements to propose a LWCF GRANT PROJECT. The current APPLICATION GUIDE can be found at the LWCF website. AUTHORIZED REPRESENTATIVE – the APPLICANT’S/GRANTEE’S designated position authorized in the Resolution to sign all required GRANT documents. The AUTHORIZED REPRESENTATIVE may designate an alternate by informing OGALS in writing. CEQA – the California Environmental Quality Act as stated in the Public Resources Code §21000 et seq.; Title 14 California Code of Regulations §15000 et seq. CEQA is a law establishing policies and procedures that require entities to identify, disclose to decision makers and the public, and attempt to lessen significant impacts to environmental and historical resources that may occur as a result of the entities’ proposed PROJECT. For more information refer to the CEQA website. CONSTRUCTION COSTS – costs incurred when ground-breaking construction activities such as site preparation, grading, or gutting begins, and continuing to the end of the GRANT PERFORMANCE PERIOD. CONTRACT – an agreement between the DPR and the GRANTEE specifying the performance of the GRANT SCOPE within the GRANT PERFORMANCE PERIOD, and other GRANT obligations between the GRANTEE and DPR. CONVERSION – occurs when the LWCF assisted PROJECT within the LWCF BOUNDARY AREA MAP OF RECORD is wholly or in part converted to other than outdoor public recreation use. DEPARTMENT OF THE INTERIOR – the Federal agency with oversight over the National Park Service. DEVELOPMENT – the physical improvement of real property including the construction of facilities or structures and support amenities. DPR – the California Department of Parks and Recreation. ELIGIBLE COSTS – expenses incurred during the GRANT PERFORMANCE PERIOD to complete the GRANT SCOPE approved by OGALS through an ENCUMBERED CONTRACT. 41 Page 187 of 588 ENCUMBERED – when the CONTRACT is signed by the AUTHORIZED REPRESENTATIVE and DPR. At this point the funds are designated by the State for the purpose of funding PROJECT related costs and the CONTRACT is fully executed between the GRANTEE and the DPR. FULLY USABLE – •For ACQUISITION PROJECTS means the property acquired with LWCF funds will be open and accessible for the public within three years of its being acquired by the GRANTEE. •For DEVELOPMENT PROJECTS means GRANT SCOPE is open and accessible for the public. GRANT – funds made available to a GRANTEE for completion of the GRANT SCOPE during the GRANT PERFORMANCE PERIOD. GRANT PERFORMANCE PERIOD – the period of time that GRANT SCOPE ELIGIBLE COSTS may be incurred, and the work described in the GRANT SCOPE must be completed, billed and paid by the State. The GRANT PERFORMANCE PERIOD begins when the CONTRACT is approved by the National Park Service and ends on the date specified in the CONTRACT. GRANT SCOPE – the RECREATION FEATURES and MAJOR SUPPORT AMENITIES listed in the GRANT SCOPE/Cost Estimate Form that must be completed prior to final GRANT payment. GRANTEE – an entity having an ENCUMBERED CONTRACT with DPR. IN-HOUSE EMPLOYEE SERVICES – GRANTEE’s employees working on the PROJECT. LWCF – the Land and Water Conservation Fund State Assistance Program was established by the LWCF Act of 1965 and is the federal funding source for MATCHING GRANTS to State and local governments for recreation planning, ACQUISITION or DEVELOPMENT. LWCF BOUNDARY AREA MAP OF RECORD – serves as the map of record between NPS, OGALS, and GRANTEES that: •Provides the agreed boundaries of the protected PARK site at the time of PROJECT approval pursuant to Title 54 U.S.C. §200301 et seq of the LWCF ACT and Title 36, Part 59 in the U.S. Code of Federal Regulations. •Allows PROJECT inspectors to identify and evaluate the site and its compliance with post-completion PARK STEWARDSHIP standards. When a LWCF PROJECT is completed, the land within the approved LWCF BOUNDARY AREA MAP OF RECORD is placed under federal protection to preserve the public’s outdoor recreational use of the site in PERPETUITY. MAJOR SUPPORT AMENITY– 1.A parking lot, restroom building, or other non-recreational facilities intended to support RECREATION FEATURES at the PROJECT site. 2.An improvement to the appearance of the general PROJECT site such as landscaping when estimated to cost $50,000 or more. 42 Page 188 of 588 MANUAL – NPS guidelines found in the LWCF State Assistance Program Federal Financial Assistance Manual, Volume 71. Effective Date: March 11, 2021 used to govern the LWCF program. MATCH – amount required to make up the difference between the LWCF GRANT amount requested (the federal share) and the TOTAL PROJECT COST. The GRANTEE must submit ELIGIBLE COSTS to cover both the LWCF GRANT amount and MATCH (TOTAL PROJECT COST established at the time of APPLICATION) in order to be reimbursed the full LWCF GRANT amount. MINOR SUPPORT AMENITY – a permanent single purpose stand-alone item that is not a FEATURE, such as a sign, bench, or drinking fountain estimated to cost less than $50,000. NEW OUTDOOR RECREATIONAL OPPORTUNITY – development or construction of a new RECREATION FEATURE where non currently exists. Or renovate an existing RECREATION FEATURE that allows for expanded operation hours or additional recreational use beyond its original condition. NPS – The National Park Service, the Federal agency that administers LWCF under the Secretary of the Department of the Interior. OGALS – The California Department of Parks and Recreation, Office of Grants and Local Services. PARK – land for the general public’s physical and social health that provides RECREATION FEATURES for outdoor or indoor athletic activities, cultural enrichment, nature appreciation, or other active or passive recreational activities, and which includes a portion of OPEN SPACE. Under this definition, a greenway or linear PARK is also a PARK. A school is not a PARK and a community center on land that does not include an adjacent portion of OPEN SPACE is not a PARK. PERPETUITY – the required STEWARDSHIP of land for eternity within a LWCF BOUNDARY AREA MAP OF RECORD approved by the NPS. The LWCF Act at 54 U.S.C. §200301 et seq, 36 C.F.R. Part 59, and 2 C.F.R. §200.316 provide the requirements of the land to be used for outdoor public recreation in PERPETUITY. The land under obligation of is described by the LWCF BOUNDARY AREA MAP OF RECORD and all of the LWCF APPLICATION documents. The LWCF Act at 54 U.S.C. 200305 (f) Payments (3) – No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation use. The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of the recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location. Wetland areas and interests therein as identrified in the wetlands provisions of the comprehensive plan and proposed to be acquired as suitable replacement property within the same State that is otherwise acceptable to the Secretary, acting through the Director, shall be deemed to be of reasonably equivalent usefulness with the property proposed for conversion. 43 Page 189 of 588 PRE-AWARD PROJECT PLANNING COSTS – costs incurred prior to NPS’ PROJECT approval necessary for PROJECT preparation. Examples include site investigation and selection, site planning, feasibility studies, CEQA/NEPA environmental review, Section 106, and the A & R Form, preliminary design, preparation of cost estimates, construction drawings and specifications. PROJECT – the FEATURES and MAJOR SUPPORT AMENITIES listed in the GRANT SCOPE/Cost Estimate Form. PROJECT COMPLETION – when the FEATURES and MAJOR SUPPORT AMENITIES listed in the GRANT SCOPE /Cost Estimate Form are complete and the facilities are open and useable by the public. PROJECT COMPLETION PACKET – The documents listed on page 23 that are required in order to request final GRANT payment following PROJECT COMPLETION. PROJECT OFFICER – an OGALS employee who acts as a GRANT administration contact for APPLICANTS and GRANTEES. RATE OF REIMBURSEMENT – The "RATE OF REIMBURSEMENT" is based on the percentage of the LWCF GRANT amount in relation to the TOTAL PROJECT COST established at the time of APPLICATION. This percentage will be reimbursed to the GRANTEE out of the TOTAL PROJECT COST when the ELIGIBLE COSTS are incurred and listed on the GRANT Expenditure Form submitted by a GRANTEE to OGALS. RECREATION FEATURE – A facility or open space area for public recreation as defined in the LWCF APPLICATION GUIDE. REIMBURSEMENT – GRANT payment made to the GRANTEE after the GRANTEE incurred costs by making a payment to a contractor or vendor. STATEWIDE COMPREHENSIVE OUTDOOR RECREATION PLAN (SCORP) – a tool for statewide outdoor recreation leadership and action, which includes the State’s assessment and policy plan required by the LWCF ACT. STEWARDSHIP – operation and maintenance requirements of property within the approved LWCF BOUNDARY AREA MAP OF RECORD established by NPS based on the LWCF ACT described in Chapter 8 of the MANUAL. TOTAL PROJECT COST – the combined dollar amount of all funding sources used to complete the RECREATION FEATURES and MAJOR SUPPORT AMENITIES listed in the GRANT SCOPE/Cost Estimate Form. WAIVER OF RETROACTIVITY – approval by NPS for the APPLICANT to incur costs, at the GRANTEE’s own risk, prior to NPS approval of the PROJECT and obligation of the funds. See the LWCF APPLICATION GUIDE for more information. 44 Page 190 of 588 RESOLUTION NO. 2025 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) APPROVING THE FILING OF AN APPLICATION FOR LAND AND WATER CONSERVATION FUND GRANT FUNDS FROM THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION FOR THE PROPOSED LAS PALMAS LITTLE LEAGUE BALLFIELDS RESTORATION PROJECT; 2) AUTHORIZING THE CITY ENGINEER TO EXECUTE THE GRANT APPLICATION, GRANT AGREEMENT AND SUBSEQUENT DOCUMENTS IF AWARDED; AND 3) COMMITTING TO PROVIDING A LOCAL MATCH. WHEREAS, the ballfields at Las Palmas Park get consistent play throughout the year and are in need of major restoration to ensure a safe and accessible experience for players and fans, including restoration of both ballfields to improve drainage and performance, installation of permeable concrete walking paths for ADA compliance, slope stabilization and erosion control using retaining walls and planting vegetation, and replacement of the bleachers and outfield fencing (the “Project”); and WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes (the “LWCF Grant Program”); and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the LWCF Grant Program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and WHEREAS, City of National City (“City”) staff has identified an opportunity to apply for funding pursuant to the LWCF Grant Program which, if approved, will contribute up to 50% towards the cost of improvements for the Project; and WHEREAS, the City certifies by this resolution the approval of the LWCF Grant Program application and the availability of eligible matching funds prior to submission of the application to the State. 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 filing of an application for Land and Water Conservation Fund assistance for the proposed Las Palmas Little League Ballfields Restoration project. Section 2: That the City Council certifies that the City of National City has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide. Section 3: That the City of National City agrees to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation use. Page 191 of 588 The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.” Section 4: That the City Council certifies that the City of National City has matching funds in the adopted Fiscal Year 2026 Capital Improvement Program Fund and can finance 100 percent of the project, which up to half may be reimbursed. Section 5: That the City of National City agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. Section 6: That the City Council hereby appoints the City Engineer as agent of the City of National City to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project. Section 7: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 19th day of August, 2025. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 192 of 588 AGENDA REPORT Department: City Manager's Office Prepared by: Pedro Garcia, Economic Development Manager Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Interim City Manager SUBJECT: National City Chamber of Commerce Economic Development Agreement – FY 26 RECOMMENDATION: Adopt the Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute an Agreement between the City of National City and the National City Chamber of Commerce for a Not-to-Exceed Amount of $50,000 to Assist in Economic Development Services.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The National City Chamber of Commerce has a longstanding history of supporting the local business community, representing over 600 businesses and serving as the City's largest civic organization. Over the years, the Chamber has worked in partnership with the City to provide programs that support the economic vitality of National City. As part of the adopted FY26 budget, $50,000 has been allocated for continued economic development services by the Chamber. The agreement outlines key initiatives aimed at promoting local businesses, strengthening targeted industries, and enhancing workforce connections. The updated Scope of Work (Exhibit A) includes the following deliverables: Weekly business visits throughout National City Monthly reporting on business feedback and issues Hosting four marketing and operations workshops focused on small businesses Promotion of local restaurants via the “Delish National City” campaign and social media Maintenance and expansion of the “Discover National City” website with new business listings and blogs Maintenance of a local job board to improve resident access to nearby employment opportunities Organization and execution of: o A Breezy 5K community run/walk event in Spring 2026 o A new Automotive Festival and Expo highlighting the City’s auto industry Additionally, the agreement supports Chamber-led events through $10,000 in City sponsorships across a series of civic and business-focused events, including the Salute to Navy Luncheon, Annual Job Fair, and the Installation Dinner and Awards. Page 193 of 588 FINANCIAL STATEMENT: Funds will be expended from General Fund account 100-10-13-13500-7650- (Economic Development -Agency Contributions). 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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Agreement Exhibit B – Scope of Services Exhibit C – Resolution Page 194 of 588 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL CITY CHAMBER OF COMMERCE THIS AGREEMENT is entered into on this 19th day of August, 2025, by and between the CITY OF NATIONAL CITY, a municipal corporation (the “C ITY”), and NATIONAL CITY CHAMBER OF COMMERCE, a non-profit (the “CONSULTANT”). R E C I T A L S WHEREAS, the CITY desires to employ a CONSULTANT to provide economic development services for businesses in the City of National City, California. WHEREAS, the CITY has determined that the CONSULTANT is a non-profit organization and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide economic development services for businesses located in the City of National City, California, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on August 19, 2025. The duration of this Agreement is for the period of August 5, 2025 through June 30, 2026. Completion dates or time durations for specific portions of the project are set forth in Exhibit “A”. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager’s Office. 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit “A”. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit “A” to keep staff and City Council advised on the progress of the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time, reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith Page 195 of 588 Standard Agreement Page 2 of 12 City of National City and Revised February 2023 National City Chamer of Commerce and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. City Manager’s Office hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. National City Chamber of Commerce thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked, and materials, if any. The total cost for all work described in Exhibit “A” shall not exceed $50,000. The compensation for the CONSULTANT’S work shall not exceed the rates set forth in Exhibit “A”. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit “A”, as determined by the CITY. The CONSULTANT 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 the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY’S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. Page 196 of 588 Standard Agreement Page 3 of 12 City of National City and Revised February 2023 National City Chamer of Commerce The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT’S written work product for the CITY’S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings , or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners , or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT’S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY’S employees, including but not limited to retirement, medical, unemployment, or workers’ compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT’S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT’S employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT’S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY , and CONSULTANT’S obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants Page 197 of 588 Standard Agreement Page 4 of 12 City of National City and Revised February 2023 National City Chamer of Commerce that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT’S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT’S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing before the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration, or litigation proceedings concerning the CONSULTANT’S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes, or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub-section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY’S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may, from time to time, communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any Page 198 of 588 Standard Agreement Page 5 of 12 City of National City and Revised February 2023 National City Chamer of Commerce part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys’ fees, and defense costs, of any kind or nature, including workers’ compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT’S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 16.1 PERS Eligibility Indemnification. If CONTRACTOR’s employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONTRACTOR’S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) recei ve any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR’s employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. Page 199 of 588 Standard Agreement Page 6 of 12 City of National City and Revised February 2023 National City Chamer of Commerce 16.2 Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR’s officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers’ compensation insurance on behalf of CONTRACTOR. 16.3 Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers’ compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS’ COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers’ Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney’s fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this “project” or “location”. The “project” or “location” should be noted with specificity on an endorsement that shall be incorporated into the policy. Page 200 of 588 Standard Agreement Page 7 of 12 City of National City and Revised February 2023 National City Chamer of Commerce D. Workers’ Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT’S employees and employers’ liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers’ Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY’s Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a “claims made” rather than “occurrence” form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the “retro” date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder’s alphabetic and financial size category rating of not less than A: VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the CITY’S Risk Manager. In the event coverage is provided by non- admitted “surplus lines” carriers, they must be included on the most recent List of Approved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY’S Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self-insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Page 201 of 588 Standard Agreement Page 8 of 12 City of National City and Revised February 2023 National City Chamer of Commerce K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out-of-court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys’ fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney’s fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney’s fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney’s fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney’s fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day’s written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT’S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally Page 202 of 588 Standard Agreement Page 9 of 12 City of National City and Revised February 2023 National City Chamer of Commerce delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is out side the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Scott Huth Interim City Manager Office of the City Manager City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Karen Azhocar McManus Chair National City Chamber of Commerce City Of National City 901 National City Boulevard National City, CA 91950-4397 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk Page 203 of 588 Standard Agreement Page 10 of 12 City of National City and Revised February 2023 National City Chamer of Commerce of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. J. Audit. If this Agreement exceeds ten-thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the Page 204 of 588 Standard Agreement Page 11 of 12 City of National City and Revised February 2023 National City Chamer of Commerce parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party’s counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. Page 205 of 588 Standard Agreement Page 12 of 12 City of National City and Revised February 2023 National City Chamer of Commerce CITY OF NATIONAL CITY By: ____________________________ Ron Morrison, Mayor APPROVED AS TO FORM: By: ____________________________ Barry J. Schultz, City Attorney INSERT CO’S NAME IN BOLD, ALL CAPS (Corporation – signatures of two corporate officers required) (Partnership or Sole proprietorship – one signature) By: ______________________________ (Name) ______________________________ (Print) ______________________________ (Title) By: ______________________________ (Name) ______________________________ (Print) ______________________________ (Title) Page 206 of 588 Exhibit A Scope of Work for City Grant of $50,000.00 This is a proposal for the scope of work for the City’s support for the National City Chamber of Commerce. These are all economic development tasks whose primary goal is to attract more business from outside the City of National City, to help local businesses grow and improve the economic opportunities for local residents. 1) Weekly Business Visits in National City. The aim of this program is to have a permanent schedule of visits to businesses in National City, with the goal of learning about the nature of the business and what services they need and what challenges they are facing. Goal: Increase Business Visits and support Deliverable: Visit 4 businesses every week, completing the attached survey for each business. The Chamber will share with the city the survey responses at the end of the month and a list of businesses visited in every district in National City. 2) Marketing and operations workshops for Local Businesses (Yelp, Social Media and Google) to educate and empower our local businesses to market their businesses in the new era of social media marketing. New Restaurant Committee logo created to promote restaurants – D’Lish National City. Goal: Increase Social media presence of local businesses. Deliverable: Host a minimum of 4 Social media marketing workshops available to all businesses. Workshops: July 31 – Julio Carrasco – Bookkeeping and Tax Planning September 24 – Deepti Kurup – Cyber security for small businesses October 28 – Issybeth Rodriguez – Live well SD – Workplace safety and growth for small businesses November 21 - TBA 3) National City Chamber of Commerce Restaurant Committee – New Chaber initiative The goal of this committee is to increase the visits and sales for all the restaurants in National City. The City has over 200 restaurants and most of them are small family-owned restaurants Page 207 of 588 Exhibit A with little knowledge and experience in managing a business and marketing. We intend to do for the restaurants in National City what they cannot do for themselves. The mission of the National City Restaurant Committee is to support, promote, and strengthen the local restaurant industry by fostering collaboration, driving economic growth, and enhancing the dining experience in the community. This is especially important for the small family owned businesses with no business training or marketing knowledge. Marketing National City as a food destination with its own branding and pages on Social media and using existing marketing channels to promote NC as a food destination. Making restaurants compliant is also a goal of this committee. We have created this committee of 15 committee members, that include restaurant owners and have had our first 3 meetings. A marketing sub-committee has been established to plan and manage the marketing component of this committee. A new brand and logo has been created and a new Instagram page has been created to promote the restaurants in National City. Deliverables: 1) 2 Restaurants will be highlighted and promoted every month for 30 days 2) Branding and promotion of National City as a food destination – using Delish National City as the name of the campaign and with the tag line “Flavors Without Borders” 4) Maintenance and improvement of the website “Discover National City” to be used as a promotional tool to bring more businesses to National City. By adding a minimum of 3 new Businesses every week to this website, community and city events, attractions, and blogs. This website will discover the many options for shopping and entertainment available in National City, especially people outside the city, bringing new business to these businesses. * We will prepare a list of the businesses that have been added every month, covering all the districts in National City. This is an ongoing task with no ending date. Goal: Increase traffic to the website by 30% by the end of the 12 months Deliverable: An updated and robust website including events happening in the City and links to select local businesses’ videos. We will use this website as an important component for the promotional efforts of the Restaurant Committee 5) Maintaining a listing of jobs available in National City on the NC Chamber of Commerce website. The goal is to help local residents have access to jobs available in their own community, saving them transportation costs and easier access to good jobs. Goal: Updated Job Openings on a monthly basis. Page 208 of 588 Exhibit A Deliverable: to keep the list updated and have a minimum of 100 local jobs listed at any given time. This is an ongoing task. We can print out the monthly list of job offers at the end of the month. 6) National City Chamber / Latinas a Correr 5K in National City - New Chamber initiative We are in the process of putting together a 5K Run /Walk for Soring 2026 in National City. Due to the nature of this event, we are partnering with an organization that has experience in organizing and managing an event like this. This will be a fundraising event for both the Non -Profit and the Chamber of Commerce. The positive effect of this event, is that this would be the first 5K in National City, highlighting healthy living, community engagement and this will bring very strong promotion of the City of National City in the region. Deliverable: A 5K run that would have 500 runners in attendance , 30 local business vendors booths at the end, food from local restaurants. 7) National City Chamber Auto Festival and Expo 2026 We are also in the planning stages of a new Auto Festival and Expo that will focus on highlighting the Auto Industry in National City. The Mile of Cars Association will be part of this event, and we are considering Pepper Park as a possible venue for the event. The Port of San Diego is being contacted to verify dates and details for having the event there. National City’s Auto heritage is very important and the focus of this event is to highlight what National City offers through all its automotive businesses and providers. Deliverable: An Automobile festival whose purpose is to promote local automotive businesses, dealerships to continue to promote the Automotive businesses in National City. Potentially have 75 vehicles in exhibition, 40 booths for local Automotive vendors, food vendors , et. Goal is to have over 3,000 visitors to this event. We will prepare a monthly report on each of these items so that the city can know the progress and impact that these activities have on businesses and the local community. The National City Chamber of Commerce will issue a monthly invoice to the City for $3,200.00 for 11 months and a final one of $4,800.00 to round up the total to complete the $40,000.00. In this way, the City would know the progress on a monthly basis for these tasks. Page 209 of 588 Exhibit A The City would also sponsor Chamber events for a total of $10,000.00 for the year based on the attached sponsorship proposal. 1) Annual National City Chamber of Commerce Job Fair – September 2025 Title Sponsor $ 1,000.00 2) NC Chamber Salute to Navy Luncheon – October 2025 Captain’s Package $1,500.00 3) Annual Installation Dinner and Awards Ceremony – February 2025 Ceremonial Sponsor $ 2,000.00 4) Chamber Quarterly Breakfasts – February – June – August – November $1,000.00 for 4 breakfast ($250.00 each) 5) NC Automotive Festival and Expo – Fall 2026 - $1,500.00 6) Breezy NC 5K Walk / Run – April 2026 - $1,500.00 7) Annual Chamber Golf Tournament – May 2026 - $1,500.00 Page 210 of 588 RESOLUTION NO. 2025 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY CHAMBER OF COMMERCE FOR A NOT-TO- EXCEED AMOUNT OF $50,000 TO ASSIST IN ECONOMIC DEVELOPMENT SERVICES WHEREAS, the National City Chamber of Commerce has been supporting the National City business community for over 100 years with support from over 600 National City businesses; and WHEREAS, the City of National City for many years has supported the National City Chamber of Commerce through shared goals of supporting our business community; and WHEREAS, on June 17, 2025, the City Council adopted the Fiscal Year 2026 budget, allocating $50,000 for the National City Chamber of Commerce to be used for economic development services; and WHEREAS, the National City Chamber of Commerce will assist the City with economic development services in the National City business community through workforce development, small business support, business visits, and tourism; and WHEREAS, City staff recommends that the City Council authorize the Mayor to execute an agreement between the City of National City and the National City Chamber of Commerce for a not-to-exceed amount of $50,000 for economic development services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Authorizes the Mayor to execute an agreement between the City of National City and the National City Chamber of Commerce for a not-to-exceed amount of $50,000 for economic development services. Section 2: That 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 19th day of August, 2025. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 211 of 588 AGENDA REPORT Department: Planning Prepared by: Sophia Depew, Assistant Planner Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Interim City Manager SUBJECT: Notice of Decision – Planning Commission Approval of a Coastal Development Permit and Conditional Use Permit (CUP) for On-Site Beer and Wine Sales, and Live Entertainment at an Existing Restaurant (La Malquerida by Dolche) Located at 1524 McKinley Avenue. RECOMMENDATION: Staff Recommends Approval of the Request for On-Site Beer and Wine Sales and Live Entertainment, Subject to the Recommended Conditions in the Attached Planning Commission Resolution No. 2025-07, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol and Live Entertainment are Conditionally-Allowed Uses in the Medium Manufacturing Zone and Would be Accessory to Food Sales at the Restaurant. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: On July 21, 2025, the Planning Commission recommended approval of the CUP by a unanimous vote of those present. The motion recommended approval of the item with modified conditions of approval related to hours of operation: The sale of alcoholic beverages shall only be permitted between the hours of 8:00 a.m. to 10:00 p.m. daily. Indoor live entertainment shall only be permitted between the hours of 10:00 a.m. to 11:30 p.m. daily. Outdoor live entertainment shall only be permitted between the hours of 10:00 to 10:00 p.m. daily. Ayes: Armenta, Castle, Miller, Sanchez, Quinones Absent: Valenzuela EXPLANATION: The operator of La Malquerida by Dolche restaurant has applied for a California Department of Alcoholic Beverage Control (ABC) Type 41 license to offer on-site beer and wine sales. The applicant initially proposed alcohol sales from 8:00 a.m. to midnight daily. The applicant also requested live entertainment indoors from 8:00 a.m. to 11:30 p.m. and outdoors from 8:00 a.m. to 10:00 p.m. daily. The Planning Commission conducted a public hearing on July 21, 2025, and voted to recommend approval of the request with amended hours as stated above, based on the findings and recommended Conditions of Approval in the resolution. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: An application fee of $3,700 was paid with the submittal of the subject CUP. Fees are anticipated to cover the cost of staff review time and processing of the permit. Page 212 of 588 RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Balanced Budget and Economic Development ENVIRONMENTAL REVIEW: This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c). PUBLIC NOTIFICATION: The Agenda Report was posted at least 72 hours before the meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Planning Commission Staff Report with attachments Exhibit B – 7/21/2025 Planning Commission PowerPoint slides Page 213 of 588 Item no. 5 July 21, 2025 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), FOR A COASTAL DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT FOR BEER AND WINE SALES (ABC TYPE-41) AND LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT (LA MALQUERIDA BY DOLCHE) LOCATED AT 1524 MCKINLEY AVENUE IN THE COASTAL ZONE. Case File No.: 2025-12 CUP CDP Location: North end of McKinley Avenue near West 14th Street Assessor’s Parcel Nos.: 557-055-08 Staff report by: Sophia Depew, Assistant Planner Applicant: Elena Gallardo Zoning designation: Medium Manufacturing/Coastal Zone (MM/CZ) Adjacent use and zoning: North: Industrial, Residential / MM-CZ East: Interstate 5 South: Industrial / MM-CZ West: Industrial / MM-CZ Environmental review: Categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) Staff recommendation: Approve Page 214 of 588 Planning Commission Meeting of July 21, 2025 Page 2 Staff Recommendation Staff recommends approval of the request for on-site beer and wine sales and live entertainment, subject to the recommended conditions in the attached resolution and a determination that the project is exempt from CEQA. The sale of alcohol and live entertainment are conditionally-allowed uses in the Medium Manufacturing zone and would be accessory to food sales at the restaurant. Executive Summary The operator of La Malquerida by Dolche restaurant has applied for a California Department of Alcoholic Beverage Control (ABC) Type 41 license to offer on-site beer and wine sales. The applicant is proposing alcohol sales from 8:00 a.m. to midnight daily. The applicant is also requesting live entertainment indoors from 8:00 a.m. to 11:30 p.m. and outdoors from 8:00 a.m. to 10:00 p.m. daily. Site Characteristics The 2,500 square foot property is located on the northwest end of McKinley Avenue between West 14th and West 18th Street. The property is zoned Medium Manufacturing (MM) and is located within the City’s Coastal Zone (typically the area west of Interstate 5). The zoning map indicates the lot as Medium Industrial (IM). However, the most recent comprehensive Land Use Code Update (2011) is not yet active in the Coastal Zone. Therefore, the City’s previous zoning (MM) would apply. The restaurant is approximately 1,400 square feet, with a 700 square-foot outdoor patio and seating in the back. The applicant is proposing live entertainment on the outside patio. The outdoor patio is surrounded on all sides by walls and fences. The building is situated between two industrial businesses, Handy Metal Mart and Walashek Industrial. The surrounding area is almost entirely industrial, except for one residential use two properties to the north. All of the properties in the vicinity of the restaurant are zone d Medium Manufacturing. Proposed Use The applicant is proposing beer and wine sales (ABC Type-41) and live entertainment at the restaurant. Proposed hours for alcohol sales are from 8:00 a.m. to midnight daily. Proposed hours for live entertainment are indoors from 8:00 a.m. to 11:30 p.m. and outdoors from 8:00 a.m. to 10:00 p.m. daily. Analysis Section 18.30.050 of the Land Use Code allows for on-site alcohol sales and live entertainment with an approved Conditional Use Permit (CUP). Additional Page 215 of 588 Planning Commission Meeting of July 21, 2025 Page 3 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 La Malquerida by Dolche is proposing to sell beer and wine from 8:00 a.m. to midnight daily. They are also proposing live entertainment (DJs, bands, guitarist, mariachi, etc.) indoors from 8:00 a.m. to 11:30 p.m. and outdoors from 8:00 a.m. to 10:00 p.m. daily. The site, previously known as Westside Story, had an approved CUP in 2018 to sell beer and wine and have live entertainment from 10:00 a.m. to 10:00 p.m. daily. The use has since been discontinued. Restaurants with on-site alcohol sales and live entertainment have been approved with varying hours throughout the city. Most recently, Mariscos El Tiburon (543 Highland Avenue) was approved for alcohol sales from 9:00 a.m. to 10:00 p.m. Sunday through Thursday and 9:00 a.m. to 11:00 p.m. Friday through Saturday and live entertainment was approved from 4:00 p.m. to 10:00 p.m. Friday & Saturday and 4:00 p.m. to 9:00 p.m. Sunday. This business was located in a more residential area than the subject restaurant, La Malquerida by Dolche. In 2024, Mariscos La Capital was approved for alcohol sales from 8:00 a.m. to 11:30 p.m. daily, although the restaurant did not include live entertainment. In 2023, Friends of Friends (127 E 8th St,) was approved for on-site alcohol sales from 6:00 a.m. to 1:00 a.m. and live entertainment from 12:00 p.m. to 10:00 p.m. Sunday through Thursday and 12:00 p.m. to 11:30 p.m. Friday through Saturday. Similarly, in 2022, Market on 8th was approved for on-site alcohol sales until 1:00 a.m. daily and live entertainment until 11:30 p.m. on weekends. The approval for Market on 8th included live entertainment on the outdoor patio until 9:00 p.m. on weekends. Based on the recently approved hours for restaurants with alcohol sales and live entertainment and the location of the restaurant, staff is recommending modified hours for live entertainment. The hours for live entertainment proposed by the applicant are indoors from 8:00 a.m. to 11:30 p.m. and outdoors from 8:00 a.m. to 10:00 p.m. daily; However, staff is recommending indoor live entertainment from 10:00 a.m. to 11:30 p.m. and outdoor live entertainment from 10:00 a.m. to 10:00 p.m. in accordance with the noise ordinance. Proposed hours for alcohol Page 216 of 588 Planning Commission Meeting of July 21, 2025 Page 4 sales are from 8:00 a.m. to midnight daily. These hours are consistent with previous approvals and the location of the restaurant. It should be noted that a Type 41 ABC license (On Sale Beer & Wine – Eating Place) requires that alcohol sales not exceed food sales. In addition, City Council 707 requires that alcohol must be purchased with food. Concerns related to live entertainment usually involve noise impacts to surrounding non-commercial uses. While the subject property is in a primarily industrial area, conditions are included to address noise. Conditions include compliance with the limitations contained in Title 12 (Noise) of the Municipal Code and specified hours of operation. 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 55 occupants and owners. No public comment has been received as of the writing this report. Community Meeting - Pursuant to Section 18.30.050 (C) of the National City Zoning Code, a community meeting was held Thursday, May 8th, 2025 at 6:00 p.m. at the subject restaurant. The meeting advertisement is attached (Attachment 8); No community members attended the meeting. Distance Requirements - Chapter 18.030.050 (D) of the National City Zoning Code requires a 660-foot distance from any public school; there are no schools within 660 feet of the site. In addition, restaurants with greater than 30% of their area devoted to seating are exempt from this distance requirement. The property in question has approximately half of its floor area devoted to seating. Coastal Zone As previously noted, the business location is within the Coastal Zone. Under normal (non-discretionary permit) circumstances, no Coastal Development Permit (CDP) would be required. However, the need for a discretionary approval in this case (CUP) also triggers a CDP. The only difference with this application would be the need for an additional finding related to consistency with the Local Coastal Plan, which is included with the attached Resolution (Attachment 1). Alcohol Sales Concentration/Location According to the California Department of Alcoholic Beverage Control (ABC), there are 17 on-site licenses in census tract 219, where a maximum of three are Page 217 of 588 Planning Commission Meeting of July 21, 2025 Page 5 recommended. Therefore, the census tract is considered to be overconcentrated by ABC with regard to on-site alcohol sales outlets. Census Tract 219 is the area west of National City Boulevard from Division Street to the southern City boundary. The site was previously approved for an on-site license. Police Department (PD) The ABC Risk Assessment provided by PD allocated a total of 15 points, which places it in the Medium Risk category (Medium Risk is considered 13-18 points). The Risk Assessment is included as Attachment 6. The assessment indicted a concern related to lighting. A condition has been added to address the comment. Institute for Public Strategies Comments were received from IPS with the following considerations: 1. Require that staff and management attend an in-person LEAD training or an in-person Responsible Beverage Sales and Service training from an ABC-authorized provider. In-person trainings offer interactive and hands- on learning which are recommended over online trainings. 2. To prevent the establishment from transforming into a night club, which could increase crime and nuisance problems, require that the restaurant always provide breakfast, lunch, and dinner through 12:00 a.m. daily. 3. Require that the establishment must submit receipts as evidence of food sales offered along with alcohol before annual renewal of license. Standard conditions of approval are included in the report in compliance with City Council Policy 707. IPS comments are included as Attachment 7. Conditions of approval are included that restrict the hours of alcohol sales and live entertainment. Findings for Approval The following are the required findings in the attached draft resolution: 1. Size and Shape: The site for the proposed use is adequate in size and shape, because there will be no physical change to the existing business as a result of this approval that would expand the current use beyond its current capacity. Alcohol sales and live entertainment would be incidental the primary use of food service Page 218 of 588 Planning Commission Meeting of July 21, 2025 Page 6 2. Access: The site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use, because there will be no physical change to the existing business as a result of this approval that would impact adjacent streets. The proposal involves an existing commercial space and no expansion of the building is proposed. 3. No Adverse Effects: The proposed use will not have an adverse effect upon adjacent or abutting properties, because the project is a use consistent with the Medium Manufacturing (MM) zone and the proposed use will be subject to conditions that limit the sale of alcohol and live entertainment. Beer and wine will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive RBSS training. Live entertainment will be limited to acceptable hours and to levels of noise that will not disturb surrounding residential uses. 4. Public Convenience and Necessity: The proposed use is deemed essential and desirable to the public convenience or welfare, because the restaurant, a permitted use in the Medium Manufacturing zone, will benefit from the extended sale of alcohol and live entertainment by providing for a wider diversity of businesses that add charm to the area. 5. Local Coastal Program: The granting of this Conditional Use Permit is consistent with and implements the Certified Local Coastal Program, because the project is located within an area generally exempt from a Coastal Development Permit; involves a service use, which is conditionally allowed in the MM-CZ zone; and will not prohibit coastal access or obstruct views. 6. California Environmental Quality Act (CEQA): The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determine d 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 restaurant is an allowed use in the Medium Manufacturing zone. Findings for Denial Page 219 of 588 Planning Commission Meeting of July 21, 2025 Page 7 The following are findings for denial: 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 addition of on-site alcohol sales and live entertainment may increase the propensity for over- consumption of alcohol and increase the potential for impacts to the surrounding area. 2. The proposed use is not deemed essential to the public necessity, as there are already 17 other outlets in the same census tract that serve alcohol. 3. Based on the above findings, public convenience and necessity will not be served by a proposed use of the property for on-site sale of alcoholic beverages and live entertainment 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.). Conditions related to live entertainment have been included as well. Summary The proposed use is consistent with the General Plan due to alcohol sales for on- site consumption and live entertainment being conditionally-allowed uses in Medium Manufacturing zone; alcohol sales and live entertainment will be accessory to the existing restaurant use in an established industrial area; beer and wine will only be available with the sale of food; the census tract in which the restaurant is located is considered over-concentrated with regard to on-sale alcohol licenses; and the Police Department has classified the establishment as Medium Risk. Options 1. Find the project exempt from CEQA under Class 1 of the CEQA Guidelines Section 15301 or other exemption and approve 2025-12 CUP CDP, 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, Page 220 of 588 Planning Commission Meeting of July 21, 2025 Page 8 2. Find the project not exempt from CEQA and/or deny 2025-12 CUP CPD 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. Applicant's Plans (Exhibit A, Case File No. 2025-12 CUP CDP, dated 05/06/2025) 4. Public Hearing Notice (Sent to 55 property owners & occupants) 5. Census Tract & Police Beat Maps 6. Police Department Comments 7. Institute for Public Strategies Comments 8. Community Meeting Information Page 221 of 588 ATTACHMENT 1 RESOLUTION NO. 2025-07 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) FOR A COASTAL DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT FOR BEER AND WINE SALES (ABC TYPE-41) AND LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT (LA MALQUERIDA BY DOLCHE) LOCATED AT 1524 MCKINLEY AVENUE IN THE COASTAL ZONE. CASE FILE NO. 2025-12 CUP CDP APN: 557-055-08 WHEREAS, the Planning Commission of the City of National City considered a Coastal Development Permit and Conditional Use Permit for on-site beer and wine sales and live entertainment at an existing restaurant (La Malquerida by Dolche) located at 1524 McKinley Avenue. At a duly advertised public hearing held on July 21, 2025, 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. 2025-12 CUP CDP 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 July 21, 2025, support the following findings: 1. That the site for the proposed use is adequate in size and shape, because there will be no physical change to the existing business as a result of this approval that would expand the current use beyond its current capacity. Alcohol sales and live entertainment would be incidental the primary use of food service. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use, because there will be no physical change to the existing business as a result of this approval that would impact adjacent streets. The proposal involves an existing commercial space and no expansion of the building is proposed. Page 222 of 588 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, because the project is a use consistent with the Medium Manufacturing (MM) zone and the proposed use will be subject to conditions that limit the sale of alcohol and live entertainment. Beer and wine will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive RBSS training. Live entertainment will be limited to acceptable hours and to levels of noise that will not disturb surrounding residential uses. 4. That the proposed use is deemed essential and desirable to the public convenience or welfare, because the restaurant, a permitted use in the Medium Manufacturing zone, will benefit from the extended sale of alcohol and live entertainment by providing for a wider diversity of businesses that add charm to the area. 5. That the granting of this Conditional Use Permit is consistent with and implements the Certified Local Coastal Program, because the project is located within an area generally exempt from a Coastal Development Permit; involves a service use, which is conditionally allowed in the MM-CZ zone; and will not prohibit coastal access or obstruct views. 6. The proposed project has been reviewed in compliance with the Calif ornia 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 restaurant is a permitted use in the Medium Manufacturing zone. 7. Based on findings 1 through 6 above, public convenience and necessity will be served by a proposed use of the property for on-site sales of alcoholic beverages and live entertainment in accordance with applicable law and the recommended conditions. The use, as proposed and conditioned, will operate in harmony with surrounding uses, will not cause a nuisance, and will benefit the community looking for a quality restaurant experience. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer and wine for on-site consumption and live entertainment at an existing restaurant (La Malquerida by Page 223 of 588 Dolche) located at 1524 McKinley Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2025-12 CUP CDP, dated 05/06/2025. 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 or applicable law. 7. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. Planning 8. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to i ssuance of a city business license. As part of the RBSS training, the permittee shall make Page 224 of 588 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. and 10:00 p.m. daily. 10. Indoor live entertainment shall only be permitted between the hours of 10:00 a.m. to 11:30 p.m. daily. 11. Outdoor live entertainment shall only be permitted between the hours of 10:00 to 10:00 p.m. daily. 12. The sale of alcohol shall not exceed the sale of food. With the annual renewal o f the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by the Planning Manager or designee or other employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 13. Alcohol shall be available only in conjunction with the purchase of food. 14. The restaurant shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages mut be consumed inside the restaurant or patio and may not be taken off-premises. 15. The sale of alcoholic beverages for off -site consumption is not permitted at this location. 16. Live entertainment shall be conducted as an accessory use to the restaurant for the enjoyment of its customers. No advertisement promoting a particular performer or event shall be distributed outside the restaurant. 17. All entry and exit doors, including windows, shall remain closed during inside live entertainment activities. 18. All activities shall comply with the noise limits contained in Table III of Title 12 of the National City Municipal Code. 19. The occupancy of the building, inclusive of patrons, staff, and entertainers, shall not exceed the occupancy load determined by the Building Division. 20. Outdoor areas, including the front of the building, shall be well lit so as to provide safe pedestrian access and to eliminate dark areas. 21. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually. Police Page 225 of 588 22. The permittee shall comply with all applicable law, including, but not limited to the regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages. Indemnification Agreement The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planni ng 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 adopte d by the Planning Commission at their meeting of July 21, 2025, by the following vote: AYES: NAYS: ABSENT: Page 226 of 588 ABSTAIN: ________________________ CHAIRPERSON Page 227 of 588 RESOLUTION NO. 2025-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA DENYING A COASTAL DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT FOR BEER AND WINE SALES (ABC TYPE-41) AND LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT (LA MALQUERIDA BY DOLCHE) LOCATED AT 1524 MCKINLEY AVENUE IN THE COASTAL ZONE. CASE FILE NO. 2025-12 CUP CDP APN: 557-055-08 WHEREAS, the Planning Commission of the City of National City considered a Coastal Development Permit and Conditional Use Permit for on-site beer and wine sales and live entertainment at an existing restaurant (La Malquerida by Dolche) located at 1524 McKinley Avenue. At a duly advertised public hearing held on July 21, 2025, 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. 2025-12 CUP CDP 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 July 21, 2025, 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 addition of on-site alcohol sales and live entertainment may increase the propensity for over-consumption of alcohol and increase the potential for impacts to the surrounding area. 2. The proposed use is not deemed essential to the public necessity, as there are already 17 other outlets in the same census tract that serve alcohol. Page 228 of 588 3. Based on the above finding, public convenience and necessity will not be served by a proposed use of the property for live entertainment and the on-site sale of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. 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 July 21, 2025, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ________________________ CHAIRPERSON Page 229 of 588 ATTACHMENT 2 2025-12 CUP CDP – 1524 McKinley Avenue – Overhead N Page 230 of 588 TITLE SHEET MARIMAR 15 2 4 M c K i n l e y A v e . Sa n D i e g o C A . 9 1 9 5 0 PLAN FILE NUMBER_ A________ DATE_ JOB NUMBER_ 005 _MCKINLEY DRAWN BY_ SHEET NAME + No._ REVISIONS_ 04.02.2025 VICINITY MAP SCOPE OF WORK DEVELOPMENT SUMMARY ____ INDEX LEGEND BUILDING CODE DATA ATTACHMENT 3 Page 231 of 588 FLOOR PLAN MARIMAR 15 2 4 M c K i n l e y A v e . Sa n D i e g o C A . 9 1 9 5 0 PLAN FILE NUMBER_ A________ DATE_ JOB NUMBER_ 005 _MCKINLEY DRAWN BY_ SHEET NAME + No._ REVISIONS_ 04.02.2025 ALCOHOL STORAGE Page 232 of 588 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) FOR A COASTAL DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION (ABC TYPE-41 LICENSE) AND LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT (LA MALQUERIDA BY DOLCHE) LOCATED AT 1524 MCKINLEY AVENUE IN THE COASTAL ZONE. CASE FILE NO.: 2025-12 CUP CDP APN: 557-055-08 NOTICE IS HEREBY GIVEN that the National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, July 21, 2025, in the City Council Chambers, located at the Civic Center, 1243 National City Boulevard, National City, California, on the following item: The applicant (Applicant: Elena Gallardo) is proposing to sell on-site beer and wine (ABC Type 41) in conjunction with food sales at the existing restaurant (La Malquerida by Dolche). The restaurant is proposing alcohol sales from 8:00 a.m. to midnight daily. Additionally, the applicant is requesting live entertainment indoors from 8:00 a.m. to 11:30 p.m. and outdoors from 8:00 a.m. to 10:00 p.m. daily. Planning Commission will also consider the staff determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 (Existing Facilities). Information is available for review at the City’s Planning Division, Civic Center. Members of the public are invited to comment orally at the hearing or in writing. Written comments should be received by the Planning Division on or before 2:00 p.m., July 21, 2025 by submitting it to PlcPubComment@nationalcityca.gov. Planning staff can be contacted at 619-336-4310 or planning@nationalcityca.gov. Under California Government Code section 65009, if you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. ATTACHMENT 4 Page 233 of 588 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 5 Page 234 of 588 City of National City Beat 24 Source: Microsoft Mappoint NCPD CAU, 4/18/07 Page 235 of 588 Notes: NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: BUSINESS NAME: ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: I.Type of Business Restaurant (1 pt) Market (2 pts) Bar/Night Club (3 pts) Tasting Room (1pt) II. Hours of Operation Daytime hours (1 pt) Close by 11pm (2 pts) Close after 11pm (3 pts) III. Entertainment Music (1 pt) Live Music (2 pts) Dancing/Live Music (3 pts) No Entertainment (0 pts) IV. Crime Rate Low (1 pt) Medium (2 pts) High (3 pts) V.Alcohol Businesses per Census Tract Below (1 pt) Average (2 pts) Above (3 pts) Revised: 8/16 1 of 2 ATTACHMENT 6 04/17/25 La Malquerida By Dolche 1524 McKinley Avenue, National City, CA 91950 Elena Gallardo 10/17/80 There is (17) active on sale licenses in tract 219 Census Tract #219 There are (3) on sale licenses authorized in tract 219 There are (7) active off sale licenses in tract 219 There are (1) off sale licenses authorized in tract 219 4 4 4 4 4 Page 236 of 588 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 15 This business assess at a medium risk and is deserving of such a rating. This census tract is over populated with both on and off sales businesses. This business is intermingled with residential and commercial properties. Late hour music/live entertainment daily until 1130PM could cause a problem for residents in the area. There is minimal lighting during hours of darkness at the business. The business should better illuminate the front of business due to its late hours of operations for both patrons and the residents. National City should consider better street lighting and a tree maintenance plan in the area. Camacho 449 4 4 4 Page 237 of 588 Funded by the San Diego County Health and Human Services Agency 8885 Rio San Diego Drive #117 San Diego, California, 92108 Phone: 619.476-9100 Fax: 619.476-9104 www.publicstrategies.org Environmental Scan Conditional Use Permit (CUP) for alcohol sales (Beer & Wine) and live entertainment at an existing restaurant 1524 McKinley Ave., National City, CA 91950 Conducted: April 22, 2025 Photo of the proposed location An environmental scan was conducted at 1 p.m. on Tuesday, April 22, 2025, for alcohol sales (Beer & Wine) and live entertainment at an existing restaurant. The location is between Handy Metal Mart to the south and Walashek Industrial & Marine Inc. to the north. It is surrounded by numerous other similar commercial uses. The restaurant was closed at the time the environmental scan was conducted. Proposed hours Live Entertainment: 10 a.m. to 11:30 p.m. daily Alcohol Sales: 8 a.m. to 12 a.m. daily ATTACHMENT 7 Page 238 of 588 Funded by the San Diego County Health and Human Services Agency 8885 Rio San Diego Drive #117 San Diego, California, 92108 Phone: 619.476-9100 Fax: 619.476-9104 www.publicstrategies.org During a scan of the business and premises, the following was noted: •A small residential structure was approximately 150 feet away. •A Circle K service station was approximately 500 feet away. •A multiple-story apartment complex, McKinley Apartments, approximately 1,000 feet away on McKinley Avenue, with graffiti on the fence between these two locations. Youth Sensitive Areas/Other Vulnerable Locations Kimball Elementary School, approximately 1,500 feet away Churches St. Anthony of Pardua, Missionary Church of God, and First Christian Spiritualist, (each approximately 1,500 feet away) are the closest ones to this location. Crime Rate A request for crime-related information from personnel within the City of National City Police Department should determine whether existing violations against the property or applicant or incidents in the area have occurred that would discourage allowing live entertainment, extended hours and alcohol sales. Online Reviews •Lack of parking and large crowds during breakfast hours when the restaurant is currently open (8 a.m. – 2 p.m.) 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. IPS has begun utilizing the following scale to more clearly define outlet density. Least Dense (lightest color) Somewhat Dense Dense Very Dense Extremely Dense (darkest color) The proposed location is defined as “Very Dense.” Page 239 of 588 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 240 of 588 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 Considerations The following are considerations: 1.Require that staff and management attend an in-person LEAD training or an in-person RBS training from an ABC-authorized training provider. In-person trainings offer interactive and hands-on learning which are recommended over online trainings. 2.To prevent the establishment from transforming into a night club, which could increase crime and nuisance problems, require that the restaurant always provide breakfast, lunch and dinner through 12:00 am. 3.Require that the establishment must submit receipts as evidence of food sales offered along with alcohol before annual renewal of license. Page 241 of 588 April 30, 2025 Dear Resident / Business Owner: You are cordially invited to a?end a community meeAng regarding a CondiAonal Use Permit (CUP) with the city of NaAonal City by Elena Gallardo (Doing Business As – La Malquerida By Dolche) for a California Department of Alcoholic Beverage Control (ABC) Type-41 license (beer and wine) to compliment their exisAng restaurant. THURSDAY, MAY 8, 2025 6:00pm to 7:00pm La Malquerida By Dolche 1524 McKinley Avenue NaAonal City, CA 91950 The applicant will provide an overview of their request and have a quesAon and answer session shortly therea^er. If you have any quesAons please feel free to contact Marco Cortes at (619) 852-4690 (or at marco@cortescommunicaAons.com). ATTACHMENT 8 Page 242 of 588 640 WEST BEECH STREET, STE. 3-B SAN DIEGO, CA 92101 619-852-4690 May 12, 2025 Sophia Depew Planning Technician Community Development Department City of Na@onal City 1243 Na@onal City Boulevard Na@onal City, CA 91950 RE: ELENA GALLARDO (DBA – LA MALQUERIDA BY DOLCHE) REPORT FOR COMMUNITY MEETING; Ms. Depew: On behalf of Elena Gallardo (DBA – La Malquerida By Dolche), I am submiTng a summary of the Community Mee@ng that was held on Thursday, May 8, 2025 from 6:00pm to 7:00pm at La Malquerida By Dolche located at 1524 McKinley Avenue, Na@onal City, CA 91950. The applicant and I were present and began the mee@ng at 6:00pm. Unfortunately, nobody aZended the mee@ng and the mee@ng was adjourned at 7:00pm. Thank you for your considera@on, 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 243 of 588 City of National City Planning Commission Meeting MEETING OF JULY 21, 2025 Page 244 of 588 Public Hearing COASTAL DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT FOR BEER AND WINE SALES (ABC TYPE-41) AND LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT (LA MALQUERIDA BY DOLCHE) LOCATED AT 1524 MCKINLEY AVENUE. 2025-12 CUP CDP Page 245 of 588 Overhead Page 246 of 588 Site Characteristics ➢La Malquerida by Dolche ➢Existing 1,400 square foot restaurant with 700 square foot outdoor patio ➢Previous Alcohol and Live Entertainment CUP in 2018 (Westside Story) ➢10:00 a.m. to 10:00 p.m. daily ➢Discontinued ➢Located on the north end of McKinley Avenue near West 14th Street ➢Medium Manufacturing in the Coastal Zone ➢Surrounded by industrial uses ➢Properties directly abutting the restaurant are industrial ➢One residential property located to the north Page 247 of 588 Front View Page 248 of 588 Back Patio Page 249 of 588 Proposal ➢The business is proposing beer and wine sales (ABC Type-41) and live entertainment at the restaurant ➢Proposed hours for alcohol sales are from 8:00 a.m. to midnight daily ➢Proposed hours for live entertainment (DJs, Bands, Mariachi, Trio) ➢Indoor: 8:00 a.m. to 11:30 p.m. daily ➢Outdoor: 8:00 a.m. to 10:00 p.m. daily ➢Floor plan indicates the dining area and proposed live entertainment ➢40 seats available in the dining area Page 250 of 588 Floor Plan Li v e E n t e r t a i n m e n t Live Entertainment Page 251 of 588 Staff Analysis ➢NCMC 18.30.050 allows for alcohol sales for on-site consumption and live entertainment with approved CUP ➢Additional requirements for alcohol CUPs: ➢Mailing –owners/occupants within 660 ft. (55) ➢Community meeting –Held May 8th, 2025 –No attendees ➢Census Tract 219–17 on-sale license where two are recommended ➢Considered overconcentrated ➢219 west of National City Boulevard between Division Street and south City boundary ➢Distance requirements –Not applicable for restaurants with 30% of their floor area dedicated to seating ➢La Malquerida has 50% of their floor area dedicated to seating ➢Not located within 660 feet of a public school ➢Adhere to City Council Policy 707 ➢Standard conditions Page 252 of 588 Staff Analysis –Hours of Operation ➢Proposed Hours ➢Alcohol ➢8:00 a.m. to 12:00 a.m. (midnight) daily. ➢Live Entertainment ➢Indoor: 8:00 a.m. to 11:30 p.m. daily ➢Outdoor: 8:00 a.m. to 10:00 p.m. daily ➢Previous approval ➢Alcohol and live entertainment ➢10:00 a.m. to 10:00 p.m. daily ➢Staff Recommendation ➢Live Entertainment ➢Indoor: 10:00 a.m. to 11:30 p.m. daily ➢Outdoor: 10:00 a.m. to 10:00 p.m. daily Page 253 of 588 Staff Analysis –Hours of Operation ➢Recent Approvals Business Alcohol Live entertainment Approved Mariscos El Tiburon 9am-10pm Sun-Thurs 9am-11pm Fri-Sat 4pm-10pm Fri & Sat 4pm-11pm Sun 2024 Mariscos La Capital 8am-11:30pm daily N/A 2024 Friends of Friends 6am-1am daily 12pm-10pm Sun-Thurs 12pm-11:30pm Fri-Sat 2023 Market on 8th 6am-1am daily Outdoor: 3pm-8pm Mon-Thurs 12pm-9pm Fri-Sun 2022 Page 254 of 588 Comments: Police Department (PD) ➢Risk Assessment –15 points ➢Medium Risk –13 to 18 points ➢Assigns points based on type of business, license concentration, calls for service, etc. ➢Comment related to exterior lighting Institute for Public Strategies (IPS) ➢Require in-person Responsible Beverage Sales and Service (RBSS) training for all staff ➢Require that the restaurant provide breakfast, lunch, and dinner through 12:00 am daily. ➢Require that the establishment must submit receipts as evidence of food sales offered along with alcohol before annual renewal of license. Page 255 of 588 Conditions ➢Standard Conditions of Approval ➢Conditions specific to on-site alcohol sales per Council Policy 707 ➢Hours of operation ➢Responsible Beverage Service and Sales (RBSS) ➢Alcohol sales remain accessory to the restaurant ➢Application-specific conditions ➢Live entertainment ➢Doors and windows to remain closed ➢No advertised events ➢Hours of live entertainment ➢Title 12 (Noise) ➢PD Comment ➢Exterior lighting Page 256 of 588 Coastal Zone ➢The restaurant is located within the Coastal Zone ➢Typically area west of Interstate 5 ➢The zoning map indicates the lot as Medium Industrial (IM) ➢Land Use Code Update (2011) is not yet active in the Coastal Zone ➢Previous zoning (MM) would apply ➢Discretionary projects in the Coastal Zone require a Coastal Development Permit (CDP) ➢Additional finding related to consistency with the Local Coastal Plan ➢Included in the attached Resolution Page 257 of 588 Summary ➢Proposed use is consistent with the General Plan ➢Alcohol sales for on-site consumption and live entertainment are a conditionally-allowed uses in MM- CZ zone ➢Alcohol sales and live entertainment would be accessory to the business in an industrial area ➢Inclusion of conditions consistent with Council Policy 707 intended to alleviate concerns related to area impacts ➢Additional conditions addressing concerns related to live entertainment Page 258 of 588 Options •Find project exempt from CEQA & approve 2025-12 CUP CDP based on findings listed in the draft resolution / findings determined by the Commission; or •Find project not exempt from CEQA and/or deny 2025-12 CUP CDP 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 259 of 588 Next Regularly-Scheduled Meeting AUGUST 4, 2025 Page 260 of 588 AGENDA REPORT Department: Planning Prepared by: Sophia Depew, Assistant Planner Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Interim City Manager SUBJECT: Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) for On- Site Beer and Wine Sales and Live Entertainment at an Existing Restaurant (Sushi N’ Gone) Located at 1539 E 8th Street. RECOMMENDATION: Staff Recommends Approval of the Request for On-Site Beer and Wine Sales and Live Entertainment, Subject to the Recommended Conditions in the Attached Planning Commission Resolution No. 2025-06, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol and Live Entertainment are Conditionally-Allowed Uses in the Major Mixed-Use Corridor Zone and Would be Accessory to Food Sales at the Restaurant. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: On July 21, 2025, the Planning Commission recommended approval of the CUP by a unanimous vote of those present. The motion recommended approval of the item with modified conditions of approval related to hours of operation: The sale of alcoholic beverages shall only be permitted between the hours of 10:00 a.m. to 10:00 p.m. Monday through Friday and 8:00 a.m. to 11:00 p.m. Saturday through Sunday. Ayes: Armenta, Castle, Miller, Sanchez, Quinones Absent: Valenzuela EXPLANATION: The operator of Sushi N’ Gone restaurant has applied for a California Department of Alcoholic Beverage Control (ABC) Type 41 license to offer on-site beer and wine sales. The applicant initially proposed alcohol sales from 8:00 a.m. to midnight daily. The applicant also requested live entertainment from 11:00 a.m. to 10:00 p.m. Sunday through Thursday and from 11:00 a.m. to 11:00 p.m. Friday through Saturday. The Planning Commission conducted a public hearing on July 21, 2025 and voted to recommend approval of the request, with hours modified as stated above, 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 Page 261 of 588 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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Planning Commission Staff Report with attachments Exhibit B – 7/21/2025 Planning Commission PowerPoint slides Page 262 of 588 Item no. 4 July 21, 2025 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) AND LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT (SUSHI N’ GONE) LOCATED AT 1539 EAST 8TH STREET. Case File No.: 2025-11 CUP Location: Northwest Corner of East 8th Street and Palm Avenue Assessor’s Parcel Nos.: 557-102-19 Staff report by: Sophia Depew, Assistant Planner Applicant: Sushi N Gone Inc. Zoning designation: Major Mixed-Use Corridor (MXC-2) Adjacent use and zoning: North: Office and Residential / MXC-2 and RS-2 (Small Lot Residential) East: Gas station across Palm Avenue / MXC-2 South: Vacant property across East 8th Street / MXC-2 West: Commercial use / MXC-2 Environmental review: Categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) Staff recommendation: Approve Page 263 of 588 Planning Commission Meeting of July 21, 2025 Page 2 Staff Recommendation Staff recommends approval of the request for on-site beer and wine sales and live entertainment, subject to the recommended conditions in the attached resolution and a determination that the project is exempt from CEQA. The sale of alcohol and live entertainment are conditionally-allowed uses in the Major Mixed-Use Corridor zone and would be accessory to food sales at the restaurant. Executive Summary The operator of Sushi N’ Gone restaurant has applied for a California Department of Alcoholic Beverage Control (ABC) Type 41 license to offer on-site beer and wine sales. The applicant is proposing alcohol sales from 8:00 a.m. to midnight daily. The applicant is also requesting live entertainment from 11:00 a.m. to 10:00 p.m. Sunday through Thursday and from 11:00 a.m. to 11:00 p.m. Friday through Saturday. Site Characteristics Sushi N’ Gone is a 2,445 square-foot restaurant located on the northwest corner of East 8th Street and Palm Avenue within the Major Mixed-Use Corridor (MXC- 2) zone. The restaurant is the only structure on the 12,150 square foot corner lot. Surrounding the restaurant is a mix of commercial and residential uses. The properties directly abutting the restaurant are commercial offices and retail suites. The closest residences are located northwest of the property but are separated by a substantial grade change. The restaurant dining area is located on the south side of restaurant, closest to East 8th Street, while the kitchen and restrooms are located on the north side of the building, closest to the neighboring homes. The dining area has 52 seats and a small area dedicated for live entertainment on the southwest corner of the building, closest to the street. Additionally, there are no windows or doors near the proposed live entertainment area. Proposed Use The applicant is proposing beer and wine sales (ABC Type-41) and live entertainment at the restaurant. Proposed hours for alcohol sales are from 8:00 a.m. to midnight daily. Proposed hours for live entertainment are from 11:00 a.m. to 10:00 p.m. Sunday through Thursda y and from 11:00 a.m. to 11:00 p.m. Friday through Saturday. Analysis Page 264 of 588 Planning Commission Meeting of July 21, 2025 Page 3 Section 18.30.050 of the Land Use Code allows for on-site alcohol sales and live entertainment with an approved Conditional Use Permit (CUP). Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. City Council Policy 707 also regulates alcohol sales in the city. Hours of Operation Sushi N’ Gone is proposing to sell beer and wine from 8:00 a.m. to midnight daily. They are also proposing live entertainment (DJs, bands, guitarist, etc.) from 11:00 a.m. to 10:00 p.m. Sunday through Thursday and from 11:00 a.m. to 11:00 p.m. Friday through Saturday. The site, previously known as KeBURROS, had an approved CUP in 2021 to sell beer and wine from 7:00 a.m. to 12:00 a.m. daily. While the use was discontinued, the previously approved hours exceed the hours proposed by the current business. However, the previous CUP did not include live entertainment. Restaurants with on-site alcohol sales and live entertainment have been approved with varying hours throughout the city. Most recently, Mariscos El Tiburon (543 Highland Avenue) was approved for alcohol sales from 9:00 a.m. to 10:00 p.m. Sunday through Thursday and 9:00 a.m. to 11:00 p.m. Friday & Saturday and live entertainment from 4:00 p.m. to 10:00 p.m. Friday & Saturday and 4:00 p.m. to 9:00 p.m. Sunday. This business was located in closer proximity to residential units than subject restaurant, Sushi N’ Gone. In 2024, Mariscos La Capital was approved for alcohol sales from 8:00 a.m. to 11:30 p.m. daily, although the restaurant did not include live entertainment. In 2023, Friends of Friends (127 E 8th St,) was approved for on-site alcohol sales from 6:00 a.m. to 1:00 a.m. and live entertainment from 12:00 p.m. to 10:00 p.m. Sunday to Thursday and 12:00 p.m. to 11:30 p.m. Friday and Saturday. Similarly, in 2022, Market on 8th was approved for on-site alcohol sales until 1:00 a.m. daily and live entertainment until 11:30 p.m. on weekends. Based on the recently approved hours for restaurants with alcohol sales and live entertainment and the location of the restaurant, staff is amenable to the hours proposed by the applicant. Proposed hours for alcohol sales are from 8:00 a.m. to midnight daily. Proposed hours for live entertainment are from 11:00 a.m. to 10:00 p.m. Sunday through Thursday and from 11:00 a.m. to 11:00 p.m. Friday through Saturday. These hours are consistent with previous approvals. It should Page 265 of 588 Planning Commission Meeting of July 21, 2025 Page 4 be noted that a Type 41 ABC license (On Sale Beer & Wine – Eating Place) requires that alcohol sales not exceed food sales. In addition, City Council 707 requires that alcohol must be purchased with food. Concerns related to live entertainment usually involve noise impacts to surrounding non-commercial uses. While the subject property is separated by a grade change to the residential properties, conditions are included to address noise. Conditions include requiring doors and windows to remain closed during inside live entertainment activities, as well as compliance with the limitations contained in Title 12 (Noise) of the Municipal Code. Mailing – All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol-related CUP applications. Notice of this public hearing was sent to 341 occupants and owners. No public comment has been received 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, May 7th, 2025 at 6:00 p.m. at the subject restaurant. The meeting advertisement is attached (Attachment 8); No community members attended the meeting. Distance Requirements - Chapter 18.030.050 (D) of the National City Zoning Code requires a 660-foot distance from any public school; there are no schools within 660 feet of the site. In addition, restaurants with greater than 30% of their area devoted to seating are exempt from this distance requirement. The property in question has approximately 50% of its floor area devoted to seating. Alcohol Sales Concentration/Location According to the California Department of Alcoholic Beverage Control (ABC), there are two on-site licenses in census tract 118.02, where a maximum of nine are recommended. Therefore, the census tract is not considered to be over concentrated by ABC with regard to on-site alcohol sales outlets. Even with the addition of another license, the tract is well below the recommended number. Census Tract 118.02 is the area from East 8th Street north to the City boundary and from Highland Avenue east to Palm Avenue. Police Department (PD) Page 266 of 588 Planning Commission Meeting of July 21, 2025 Page 5 The ABC Risk Assessment provided by PD allocated a total of 12 points, which places it in the Low Risk category (Low Risk is considered 12 points or less). The Risk Assessment is included as Attachment 6. Institute for Public Strategies Comments were received from IPS with the following considerations: 1. Require that staff and management attend an in-person LEAD training or an in-person Responsible Beverage Sales and Service training from an ABC-authorized provider. In-person trainings offer interactive and hands- on learning which are recommended over online trainings. 2. To prevent the establishment from transforming into a night club, which could increase crime and nuisance problems, require that the restaurant always provide lunch and dinner through 12:00 a.m. daily. 3. Require that the establishment must submit receipts as evidence of food sales offered along with alcohol before annual renewal of license. Standard conditions of approval are included in the report in compliance with City Council Policy 707. IPS comments are included as Attachment 7. Conditions of approval are included that restrict the hours of alcohol sales and live entertainment. Findings for Approval The following are the required findings in the attached draft resolution: 1. Allowable Use: Alcohol sales and live entertainment are allowable within Major Mixed-Use Corridor zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales and live entertainment, as discussed in the staff report. The use is incidental to the existing restaurant use in a mixed-use area. 2. General Plan Consistency: Alcohol sales and live entertainment are permitted uses, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant with alcohol sales and live entertainment is consistent with the Major Mixed-Use Corridor zone land use designation and the Community Character element of the General Plan. 3. Compatibility, LUC, and Traffic: No expansion of the building is proposed. The proposal involves an existing commercial space, which was previously Page 267 of 588 Planning Commission Meeting of July 21, 2025 Page 6 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. 4. No Nuisance: The proposed use will be subject to conditions that limits the sale of beer and wine as well as the hours that it will be available. Beer and wine will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive RBSS training. Live entertainment will be limited to acceptable hours and to levels of noise that will not disturb nearby residential uses. 5. California Environmental Quality Act (CEQA): The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial building, and the use is similar to other commercial uses in the area, which are permitted in Major Mixed-Use Corridor zone. 6. Public Convenience and Necessity: The restaurant, a permitted use in the Major Mixed-Use Corridor zone, will benefit from the sale of alcohol and live entertainment by providing for a wider diversity of businesses that add character to the area. Findings for Denial The following are findings for denial: 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 addition of on-site alcohol sales and live entertainment may increase the propensity for over- consumption of alcohol and increase the potential for impacts to the surrounding area. 2. The proposed use is not deemed essential to the public necessity, as there are already two restaurants in the same census tract that serve alcohol. Page 268 of 588 Planning Commission Meeting of July 21, 2025 Page 7 3. Based on the above findings, public convenience and necessity will not be served by a proposed use of the property for live entertainment and the on- site sale of alcoholic beverages pursuant to law. Conditions of Approval Standard Conditions of Approval have been included with this permit as well as conditions specific to on-site alcohol sales per Council Policy 707 (hours of operation, employee training, and accessory sales, etc.). Conditions related to live entertainment have also been included. Summary The proposed use is consistent with the General Plan due to alcohol sales for on- site consumption and live entertainment being conditionally-allowed uses in Major Mixed-Use Corridor zone; alcohol sales and live entertainment will be accessory to the existing restaurant use in an established commercial area; beer and wine will only be available with the sale of food; the census tract in which the restaurant is located is not considered over-concentrated with regard to on-sale alcohol licenses; and the Police Department has classified the establishment as Low Risk. Options 1. Find the project exempt from CEQA under Class 1 of the CEQA Guidelines Section 15301 or other exemption and approve 2025-11 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 2025-11 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. Attachments 1. Draft Resolutions 2. Overhead 3. Applicant's Plans (Exhibit A, Case File No. 2025-11 CUP, dated 05/06/2025) Page 269 of 588 Planning Commission Meeting of July 21, 2025 Page 8 4. Public Hearing Notice (Sent to 341 property owners & occupants) 5. Census Tract & Police Beat Maps 6. Police Department Comments 7. Institute for Public Strategies Comments 8. Community Meeting Information Page 270 of 588 ATTACHMENT 1 RESOLUTION NO. 2025-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND CONDITIONAL USE PERMIT FOR BEER AND WINE SALES (ABC TYPE-41) AND LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT (SUSHI N’ GONE) LOCATED AT 1539 EAST 8TH STREET. CASE FILE NO. 2025-11 CUP APN: 557-102-19 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for on-site beer and wine sales and live entertainment at an existing restaurant (Sushi N’ Gone) located at 1539 E 8th Street. At a duly advertised public hearing held on July 21, 2025, 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. 2025-11 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 July 21, 2025, support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code because alcohol sales and live entertainment are allowable within the Major Mixed-Use Corridor zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales and live entertainment, as discussed in the staff report. It is incidental to the existing restaurant use in a mixed-use area. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because the Land Use Code permits alcohol sales and live entertainment, subject to a CUP, which is consistent with the General Plan. In addition, a restaurant with alcohol sales and live entertainment is consistent with the Major Page 271 of 588 Mixed-Use Corridor zone land use designation contained in the Land Use Code and General Plan. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because no expansion of the building is proposed. The proposed uses would be incidental to the primary use of food service. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that limit the sale of beer and wine as well as the hours that it will be available. Beer and wine will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive RBSS training. Live entertainment will be limited to acceptable hours and to levels of noise that will not disturb surrounding residential uses. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial building and the use is similar to other commercial uses in the area, which are permitted in the Major Mixed-Use Corridor zone. 7. The proposed use is deemed essential and desirable to the public convenience or necessity, because the restaurant, a permitted use in the Major Mixed-Use Corridor zone, will benefit from the sale of alcohol and live entertainment by providing for a wider diversity of businesses that add charm 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 live entertainment and the on-site sales of alcoholic beverages in accordance with applicable law and the Page 272 of 588 recommended conditions. The use, as proposed and conditioned, will operate in harmony with surrounding uses, will not cause a nuisance, and will benefit the community looking for a quality restaurant experience. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer and wine for on-site consumption and live entertainment at an existing restaurant (Sushi N’ Gone) located at 1539 E 8th Street. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2025-11 CUP, dated 05/06/2025. 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 or applicable law. 7. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be Page 273 of 588 made payable to the County Clerk and submitted to the National City Planning Department. Planning 8. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to i ssuance 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 10:00 a.m. to 10:00 p.m. Monday through Friday and 8:00 a.m. to 11:00 p.m. Saturday through Sunday. 10. Live entertainment shall only be permitted between the hours of 11:00 a.m. to 10:00 p.m. Sunday through Thursday and from 11:00 a.m. to 11:00 p.m. Friday through Saturday. 11. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by the Planning Manager or designee or other employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 12. Alcohol shall be available only in conjunction with the purchase of food. 13. The sale of alcoholic beverages for off -site consumption is not permitted at this location. 14. Live entertainment shall be conducted as an accessory use to the restaurant for the enjoyment of its customers. No advertisement promoting a particular performer or event shall be distributed outside the restaurant. 15. All entry and exit doors, including windows, shall remain closed during inside live entertainment activities. 16. All activities shall comply with the noise limits contained in Table III of Title 12 of the National City Municipal Code. 17. The occupancy of the building, inclusive of patrons, staff, and entertainers, shall not exceed the occupancy load determined by the Building Division. Page 274 of 588 18. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually. Police 19. The permittee shall comply with all applicable law, including, but not limited to the regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages. Indemnification Agreement The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Com mission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 21, 2025, by the following vote: AYES: Page 275 of 588 NAYS: ABSENT: ABSTAIN: ________________________ CHAIRPERSON Page 276 of 588 RESOLUTION NO. 2025-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA DENYING A CONDITIONAL USE PERMIT FOR BEER AND WINE SALES (ABC TYPE-41) AND LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT (SUSHI N’ GONE) LOCATED AT 1539 EAST 8TH STREET. CASE FILE NO. 2025-11 CUP APN: 557-102-19 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for on-site beer and wine sales and live entertainment at an existing restaurant (Sushi N’ Gone) located at 1539 E 8th Street. At a duly advertised public hearing held on July 21, 2025, 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. 2025-11 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 July 21, 2025, 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 addition of on-site alcohol sales and live entertainment may increase the propensity for over-consumption of alcohol and increase the potential for impacts to the surrounding area. 2. The proposed use is not deemed essential to the public necessity, as there are already two restaurants in the same census tract that serve alcohol. Page 277 of 588 3. Based on the above finding, public convenience and necessity will not be served by a proposed use of the property for live entertainment and the on-site sale of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective a nd 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 July 21, 2025, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ________________________ CHAIRPERSON Page 278 of 588 2025-11 CUP – 1539 E 8th Street – Overhead N ATTACHMENT 2 Page 279 of 588 TITLE SHEET MARIMAR 15 3 9 E 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_ PROJECT NUMBER TBD 03.19.2025 VICINITY MAP SCOPE OF WORK DEVELOPMENT SUMMARY ____ INDEX LEGEND BUILDING CODE DATA ATTACHMENT 3 Page 280 of 588 FLOOR PLAN MARIMAR 15 3 9 E 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_ PROJECT NUMBER TBD 03.19.2025 PROPOSED LIVE ENTERTAINMENT AREA Page 281 of 588 WINDOW AND DOOR SCHEDULE MARIMAR 10 2 3 - 1 0 2 7 U N I V E R S I T Y A V E N U E SA N D I E G O , C A . 9 2 1 0 3 PLAN FILE NUMBER_ A________ DATE_ JOB NUMBER_ DRAWN BY_ SHEET NAME + No._ REVISIONS_ PROJECT NUMBER PRJ-1131226 03.19.2025 LEGEND GENERAL NOTES Page 282 of 588 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 AND WINE FOR ON-SITE CONSUMPTION (ABC TYPE-41 LICENSE) AND LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT (SUSHI N’ GONE) LOCATED AT 1539 EAST 8TH STREET. CASE FILE NO.: 2025-11 CUP APN: 557-102-19 NOTICE IS HEREBY GIVEN that the National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, July 21, 2025, in the City Council Chambers, located at the Civic Center, 1243 National City Boulevard, National City, California, on the following item: The applicant (Applicant: Sushi N Gone Inc.) is proposing to sell on-site beer and wine (ABC Type 41) in conjunction with food sales at the existing restaurant. The restaurant is proposing alcohol sales from 8:00 a.m. to midnight daily. Additionally, the applicant is requesting live entertainment from 11:00 a.m. to 10:00 p.m. Sunday through Thursday and from 11:00 a.m. to 11:00 p.m. Friday through Saturday. 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 orally at the hearing or in writing. Written comments should be received by the Planning Division on or before 2:00 p.m., July 21, 2025 by submitting it to PlcPubComment@nationalcityca.gov. Planning staff can be contacted at 619-336-4310 or planning@nationalcityca.gov. Under California Government Code section 65009, if you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. ATTACHMENT 4 Page 283 of 588 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 5 Page 284 of 588 City of National City Beat 21 Source: Microsoft Mappoint NCPD CAU, 4/18/07 Page 285 of 588 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 04/17/25 Sushi N Gone Inc 1539 E. 8th Street, National City, CA 91950 Paolo Didier Maroales Lopez 08/24/84 There is (2) active on sale licenses in tract 118.02 Census Tract 118.02 There are (9) on sale licenses authorized in tract 118.02 There are (5) active off sale licenses in tract 118.02 There are (4) off sale licenses authorized in tract 118.02 4 4 4 4 4 Page 286 of 588 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 12 This business assesses at a low risk and is deserving of such a rating. A cause for concern would be the nightly live entertainment while located within a mixed residential and commercial area. Camacho 449 4 4 4 Page 287 of 588 Funded by the San Diego County Health and Human Services Agency 8885 Rio San Diego Drive #117 San Diego, California, 92108 Phone: 619.476-9100 Fax: 619.476-9104 www.publicstrategies.org Environmental Scan Conditional Use Permit (CUP) for alcohol sales (Beer & Wine) and live entertainment at an existing restaurant 1539 E 8th Street, National City, CA 91950 Conducted: April 22, 2025 Photo of the proposed location An environmental scan was conducted at 1:30 p.m. on Tuesday, April 22, 2025, for alcohol sales (Beer & Wine) and live entertainment at an existing restaurant. The location is on the corner of East 8th Street and Palm Avenue, with a Shell gas station to the east, a vacant lot to the south, a residential area to the north, a strip mall to the west and another strip mall to the northeast. The business was closed at the time the environmental scan was conducted. Proposed hours Live Entertainment: 11 a.m. to 10 p.m. Sunday through Thursday, and 11 a.m. to 11 p.m. Friday and Saturday Alcohol Sales: 8 a.m. to 12 a.m. daily ATTACHMENT 7 Page 288 of 588 Funded by the San Diego County Health and Human Services Agency 8885 Rio San Diego Drive #117 San Diego, California, 92108 Phone: 619.476-9100 Fax: 619.476-9104 www.publicstrategies.org During a scan of the business and premises, the following was noted: •Apartments immediately to the south of the vacant lot nearest the restaurant. •The restaurant is located at the bottom of a small hill with an immigration and tax service business at the top of the hill. •Small parking lot to the front of the restaurant. Youth Sensitive Areas/Other Vulnerable Locations Rancho de la Nacion School and El Toyon School, each approximately 2,600 feet away, are the closest ones to this location. Churches International Church of Praise (approximately 528 feet away) is the closest one to this location. Crime Rate A request for crime-related information from personnel within the City of National City Police Department should determine whether existing violations against the property or applicant or incidents in the area have occurred that would discourage allowing live entertainment and alcohol sales. Online Reviews •Limited parking, small lot. •From the outside is sketchy, but walking in the place looks clean. (5 months ago) •Family friendly though they do serve beer (1 year ago) •Customers commented on live music (7 months ago) •Video of a band playing at the location was found on restaurant’s Facebook page •Concerned for my safety and security (1 year ago) 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 mean distance of a person to their average on-sale license in National City is 0.32 miles. The median is 0.25 miles. IPS has begun utilizing the following scale to more clearly define outlet density. Least Dense (lightest color) Somewhat Dense Dense Very Dense Extremely Dense (darkest color) The proposed location is defined as “Extremely Dense.” Within the census tract that where 1539 E 8th Ave is located, the density is 0.27 miles, which is more dense than the average for National City. Page 289 of 588 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 290 of 588 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 Considerations The following are considerations: 1.Require that staff and management attend an in-person LEAD training or an in-person RBS training from an ABC-authorized training provider. In-person trainings offer interactive and hands-on learning which are recommended over online trainings. 2.To prevent the establishment from transforming into a night club, which could increase crime and nuisance problems, require that the restaurant always provide lunch and dinner through 12:00 am. 3.Require that the establishment must submit receipts as evidence of food sales offered along with alcohol before annual renewal of license. Page 291 of 588 April 30, 2025 Dear Resident / Business Owner: You are cordially invited to a?end a community meeAng regarding a CondiAonal Use Permit (CUP) with the city of NaAonal City by Sushi N Gone Inc. (Doing Business As – Sushi N Gone) for a California Department of Alcoholic Beverage Control (ABC) Type-41 license (beer and wine) to compliment their exisAng restaurant. WEDNESDAY, MAY 7, 2025 6:00pm to 7:00pm SUSHI N GONE 1539 East 8th Street NaAonal City, CA 91950 The applicant will provide an overview of their request and have a quesAon and answer session shortly therea^er. If you have any quesAons please feel free to contact Marco Cortes at (619) 852-4690 (or at marco@cortescommunicaAons.com). ATTACHMENT 8 Page 292 of 588 640 WEST BEECH STREET, STE. 3-B SAN DIEGO, CA 92101 619-852-4690 May 12, 2025 Sophia Depew Planning Technician Community Development Department City of Na@onal City 1243 Na@onal City Boulevard Na@onal City, CA 91950 RE: SUSHI N’ GONE INC. (DBA – SUSHI N’ GONE) REPORT FOR COMMUNITY MEETING; Ms. Depew: On behalf of Sushi N’ Gone Inc. (DBA – SUSHI N’ GONE), I am submiUng a summary of the Community Mee@ng that was held on Wednesday, May 7, 2025 from 6:00pm to 7:00pm at Sushi N’ Gone located at 1539 East 8th Street, Na@onal City, CA 91950. The applicant and I were present and began the mee@ng at 6:00pm. Unfortunately, nobody aZended the mee@ng and the mee@ng was adjourned at 7:00pm. Thank you for your considera@on, 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 293 of 588 City of National City Planning Commission Meeting MEETING OF JULY 21, 2025 Page 294 of 588 Public Hearing CONDITIONAL USE PERMIT FOR BEER AND WINE SALES (ABC TYPE-41) AND LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT (SUSHI N’ GONE) LOCATED AT 1539 EAST 8TH STREET 2025-11 CUP Page 295 of 588 Overhead Page 296 of 588 Site Characteristics ➢Sushi N’ Gone ➢Existing 2,445 square foot restaurant in the MXC-2 zone ➢Previous Alcohol CUP in 2021 (KeBURROs) ➢7:00 a.m. to 12:00 a.m. daily ➢Discontinued ➢Located on northwest corner of East 8th Street and Palm Avenue ➢Surround by commercial and residential uses ➢Properties directly abutting the restaurant are commercial offices and retail suites ➢Closest residences are located northwest of the property but are separated by a substantial grade change Page 297 of 588 Front View Page 298 of 588 Side View Page 299 of 588 Rear View Page 300 of 588 Proposal ➢The business is proposing beer and wine sales (ABC Type-41) and live entertainment at the restaurant ➢Proposed hours for alcohol sales are from 8:00 a.m. to midnight daily ➢Proposed hours for live entertainment are from 11:00 a.m. to 10:00 p.m. Sunday through Thursday and from 11:00 a.m. to 11:00 p.m. Friday and Saturday ➢DJs, Bands, Guitarist, Etc. ➢Floor plan indicates the dining area and proposed live entertainment ➢52 seats available in the dining area Page 301 of 588 Floor Plan Live Entertainment Page 302 of 588 Side View Page 303 of 588 Staff Analysis ➢NCMC 18.30.050 allows for alcohol sales for on-site consumption and live entertainment with approved CUP ➢Additional requirements for alcohol CUPs: ➢Mailing –owners/occupants within 660 ft. (341) ➢Community meeting –Held May 7th, 2025 –No attendees ➢Census Tract 118.02–two on-sale license where nine are recommended ➢Not considered overconcentrated ➢Distance requirements –Not applicable for restaurants with 30% of their floor area dedicated to seating. ➢Sushi N’ Gone has 50% of their floor area dedicated to seating ➢Not located within 660 feet of a public school ➢Adhere to City Council Policy 707 ➢Standard conditions Page 304 of 588 Staff Analysis –Hours of Operation ➢Proposed Hours ➢Alcohol ➢8:00 a.m. to 12:00 a.m. (midnight) daily ➢Live Entertainment ➢11:00 a.m. to 10:00 p.m. Sunday through Thursday ➢11:00 a.m. to 11:00 p.m. Friday and Saturday ➢Previous approval ➢Alcohol ➢7:00 a.m. to 12:00 a.m. (midnight) daily ➢No live entertainment ➢Staff Recommendation ➢Hours proposed by applicant Page 305 of 588 Staff Analysis –Hours of Operation ➢Recent Approvals Business Alcohol Live entertainment Approved Mariscos El Tiburon 9am-10pm Sun-Thurs 9am-11pm Fri-Sat 4pm-10pm Fri & Sat 4pm-11pm Sun 2024 Mariscos La Capital 8am-11:30pm daily N/A 2024 Friends of Friends 6am-1am Daily 12pm-10pm Sun-Thurs 12pm-11:30pm Fri-Sat 2023 Market on 8th 6am-1am Daily Indoor: 3pm-10pm Mon-Thurs 12pm-11:30pm Fri-Sat 12pm-10pm Sun 2022 Page 306 of 588 Comments: Police Department (PD) ➢Risk Assessment –12 points ➢Low Risk –12 or less points ➢Assigns points based on type of business, license concentration, calls for service, etc. Institute for Public Strategies (IPS) ➢Require in-person Responsible Beverage Sales and Service (RBSS) training for all staff ➢Require that the restaurant provide lunch and dinner through 12:00 am daily. ➢Require that the establishment must submit receipts as evidence of food sales offered along with alcohol before annual renewal of license. Page 307 of 588 Conditions ➢Standard Conditions of Approval ➢Conditions specific to on-site alcohol sales per Council Policy 707 ➢Hours of operation ➢Responsible Beverage Service and Sales (RBSS) ➢Alcohol sales remain accessory to the restaurant ➢Application-specific conditions ➢Live entertainment ➢Doors and windows to remain closed ➢No advertised events ➢Hours of live entertainment ➢Title 12 (Noise) Page 308 of 588 Summary ➢Proposed use is consistent with the General Plan ➢Alcohol sales for on-site consumption and live entertainment are a conditionally-allowed uses in MXC-2 zone ➢Alcohol sales and live entertainment would be accessory to the business in an established mixed-use area ➢Inclusion of conditions consistent with Council Policy 707 intended to alleviate concerns related to area impacts ➢Additional conditions addressing concerns related to live entertainment Page 309 of 588 Options •Find project exempt from CEQA & approve 2025-11 CUP based on findings listed in the draft resolution / findings determined by the Commission; or •Find project not exempt from CEQA and/or deny 2025-11 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 310 of 588 Next Regularly-Scheduled Meeting AUGUST 4, 2025 Page 311 of 588 AGENDA REPORT Department: Fire Department Prepared by: Eduardo Sanchez, Acting Deputy Fire Marshal Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Interim City Manager SUBJECT: 2025 Performance Report of Annual Fire Safety Inspections RECOMMENDATION: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Acknowledging Receipt of a Report Made by the Fire Chief of the National City Fire Department Regarding the Annual Inspection of Certain Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: California Senate Bill 1205 (SB 1205) was signed into law on September 27, 2018, after the tragic Ghost Ship Fire (December 2016) brought national attention to California and put a spotlight on fire safety laws as well as the performance of fire inspections. This law amends the preceding law to require an annual report on state-mandated inspections to be submitted to the governing body of each jurisdiction with authority for inspections. The law also requires the report to be given when the administering authority discusses its annual budget, and receipt of the report must be acknowledged in a resolution or similar formal document. State-mandated inspections, as outlined in California Health & Safety Code Sections 13146.2 and 13146.3, require all fire departments that provide fire protection services to conduct annual inspections in every building used as a public or private school, hotel, motel, lodging house, or apartment house, to ensure compliance with building standards. The California Health & Safety Code Sections 13146.2 and 13146.3 did not require fire departments to report or demonstrate compliance as the new law (SB 1205) does. Although there are no penalties identified in the law, adoption of the resolution will establish the City of National City’s intent to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the National City Fire Department's compliance with California Health and Safety Code Sections 13146.2 and 13146.3, which identifies the state mandated inspections above and further described below. Public and private schools are generally classified as Educational Group E occupancies. They are schools used by more than six persons at any one time, for educational purposes through the 12th grade. Within the City of National City, there are currently 19 Group E occupancies, buildings, structures, and facilities. Page 312 of 588 During fiscal year 2024-25, the National City Fire Department completed the annual inspection of 19 Group E occupancies, buildings, structures, and facilities. This represents a 100% compliance rate. Two dedicated fire inspectors were assigned to these occupancy types for the fiscal year 2024-2025. This department will also continue to enhance coordination and cooperation with school administration and maintenance staff, resulting in a reduction in violations that require re- inspection. Currently, the National City Fire Department is re-implementing its Public Education Program, providing education to schoolchildren and senior citizens. One item of interest will be to continue to promote its Fire Safe School of the Year Award, presented to the safest elementary school in the National School District during an annual assembly. The award, established in 2002, continues to promote friendly competition between schools while making our schools a safer place. Hotels, motels, apartments (with three or more units), and other residential occupancies that contain sleeping units are generally classified as Residential Group R occupancies. Within the City of National City, there are currently 473 Group R occupancies. During fiscal year 2024-2025, the National City Fire Department completed the annual inspection of 473 Group R occupancies, buildings, structures, and facilities. This represents a 100% compliance rate. The Community Risk Reduction Department conducted residential occupancy inspections with the assistance of two Fire Inspectors. Additionally, the department has seen an unprecedented upward surge in building construction in the City of National City, resulting in an increase in residential multi-family properties and general construction inspections. The combined effort with two (2) Fire Inspectors is trending to maintain the Department’s compliance rate for the mandated inspections in fiscal year 2025-2026. FINANCIAL STATEMENT: There is no fiscal impact resulting from acknowledging the National City Fire Department's compliance with certain state-mandated fire inspections. The report aims to inform the governing authority about the level of compliance with state-mandated safety inspections. This report should assist the National City Fire Department and its governing authority in planning and prioritizing available resources to appropriately staff and conduct state-mandated inspections. 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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act. ORDINANCE: Not Applicable EXHIBIT: Exhibit A - Resolution Page 313 of 588 RESOLUTION NO. 2025- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE NATIONAL CITY FIRE DEPARTMENT REGARDING THE ANNUAL INSPECTION OF CERTAIN OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE. WHEREAS, California Health and Safety Code section 13146.4 (SB 1205) was added in 2018, and became effective on January 1, 2019; and WHEREAS, California Health and Safety Code sections 13146.2 and 13146.3 require all fire departments that provide fire protection services, including the National City Fire Department, to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, or apartment house for compliance with building standards; and WHEREAS, California Health and Safety Code section 13146.4 requires all fire departments that provide fire protection services, including the National City Fire Department, to report annually to its administering authority on its compliance with sections 13146.2 and 13146.3; and WHEREAS, the Fire Chief of the City of National City (“City”), pursuant to California Health and Safety Code section 13146.4, has presented his annual report to the City Council regarding the National City Fire Department’s compliance with California Health and Safety Code sections 13146.2 and 13146.3, and WHEREAS, as reported in the Fire Chief’s annual report, there are nineteen Educational Group E occupancies (generally consisting of public and private schools) in the City and the compliance rate for Educational Group E occupancies is 100% for this reporting period, i.e. during fiscal year 2024/2025, the National City Fire Department completed the annual inspection of all nineteen Group E occupancies; and WHEREAS, the Fire Chief’s annual report further reports that there are 473 Residential Group R occupancies (generally consisting of occupancies containing sleeping units, including hotels, motels, and apartments with three or more units) in the City and the compliance rate for Residential Group R occupancies is 100% for this reporting period, i.e. during fiscal year 2024/2025, the National City Fire Department completed the annual inspection of all 473 Group R occupancies. 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 acknowledges receipt of the report from the National City Fire Department regarding the annual inspection of certain occupancies pursuant to sections 13146.2 and 13146.3 of the California Health and Safety Code. 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 314 of 588 PASSED and ADOPTED this 19th day of August, 2025. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: __ Barry J. Schultz, City Attorney Page 315 of 588 AGENDA REPORT Department: Finance Prepared by: Janel Pehau, Financial Analyst Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Executive Director, Successor Agency SUBJECT: Successor Agency Proposed Budget for Fiscal Year 2025-26 RECOMMENDATION: Adopt the Resolution Entitled: “Resolution of the Board of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, California, Adopting a Budget of $4,128,682 for Fiscal Year 2025-26.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Expenditures for the Successor Agency (SA) are governed by the Recognized Obligation Payment Schedules (ROPS) that are proposed by the Successor Agency, approved by the Countywide Oversight Board, and submitted to the State Department of Finance (DOF) for authorization. The SA’s budget for fiscal year 2025-26 totals $4,128,682 and reflects amounts authorized for ROPS 25-26, covering the period of July 1, 2025 through June 30, 2026. The State Department of Finance approved all items requested on the ROPS, but with a lesser amount of Redevelopment Property Tax Trust Fund (RPTTF) resources than requested because of other SA funds available to apply to the obligations. ROPS 25-26 will be funded by a combination of $3,849,778 in RPTTF distributions, $3,908 in interest payments on a loan provided by the former Redevelopment Agency to the Mile of Cars Association in 2011, and $274,996 in unexpended funds from prior ROPS periods. Adopting an annual budget is not required under the redevelopment agency dissolution legislation, but is recommended by staff as a measure of transparency. The proposed budget includes amounts for scheduled debt service payments, professional services, and City administrative services. See Exhibit A for budget details. FINANCIAL STATEMENT: The proposed budget provides for total expenditures of $4,128,682, revenues of $3,853,686, and the use of $274,996 of Successor Agency fund balance. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Balanced Budget and Economic Development ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A - Successor Agency FY 2025-26 Proposed Budget Exhibit B – Resolution Page 316 of 588 EXHIBIT A SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY FISCAL YEAR 2025-26 PROPOSED BUDGET Contents: Estimated Financing Sources and Expenditure Account Detail Recognized Obligation Payment Schedule (ROPS) 25-26 Authorized Items (summarized) Page 317 of 588 ESTIMATED FINANCING SOURCES Account Number Account Title FY 2023 Actual FY 2024 Actual FY 2025 Adopted FY 2026 Proposed 711-10-90-90100- Redev Obligations Retirement Fund 3011- RPTTF* Distribution 4,199,028$ 3,950,251$ 3,908,528$ 3,849,778$ 3300- Investment Earnings - - - - 3320- Interest Income - Loans 4,675 8,677 4,623 3,908 3634- Misc Revenue - - - - 3636- Refunds & Reimbursements 200,000 - - - Fund 711 Total Revenue 4,403,703$ 3,958,928$ 3,913,151$ 3,853,686$ Use of Fund 711 Fund Balance** (1,868) 292,442 337,377 274,996 Total Financing Sources 4,401,835$ 4,251,370$ 4,250,528$ 4,128,682$ *Redevelopment Property Tax Trust Fund EXPENDITURE DETAIL Account Number Account Title FY 2023 Actual FY 2024 Actual FY 2025 Adopted FY 2026 Proposed 711-10-90-90100- Redev Obligations Retirement Fund 7209- Legal Services 873 - - - 7210- City of National City - SA Admin Services 334,173 190,000 190,000 67,654 7213- Professional Services 3,500 - 4,000 4,000 7219- Fiscal Agent Fees 2,700 3,350 4,000 4,000 Balance Sheet Bond Principal Redemption - 2017A TARB** 2,996,000 3,066,000 3,139,000 3,217,000 Balance Sheet Bond Principal Redemption - 2017B TARB** 212,000 220,000 224,000 231,000 7480- Bond Interest Redemption - 2017A TARB 811,242 735,770 658,518 579,386 7480- Bond Interest Redemption - 2017B TARB 41,347 36,250 31,010 25,642 Total Expenditures 4,401,835$ 4,251,370$ 4,250,528$ 4,128,682$ Description ** Bond Principal Redemption amounts are shown as budgetary items for informational purposes only. In the general ledger and financial statements, bond principal payments made by the Successor Agency are shown as reductions to Long-Term Debt Payable instead of expenditures, consistent with accounting standards for fiduciary entities/funds. ** The use of fund balance is the difference between the total actual or authorized expenditures and the total revenue received or budgeted. Fund balance arises as a result of savings from prior ROPS periods. Successor agencies are required to use funds on hand prior to receiving new RPTTF distributions. The Proposed Budget for fiscal year 2025-26 for the Successor Agency is consistent with the Recognized Obligation Payment Schedule (ROPS) for fiscal year 2025-26 (ROPS 25-26) as requested by the Successor Agency and approved by the Oversight Board and the State Department of Finance. The budget provides for the payment of debt service obligations for the 2017 tax allocation refunding bonds (TARBs), administrative services provided by the City, and financial services related to the TARBs. SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY PROPOSED BUDGET FISCAL YEAR 2025-26 Page 318 of 588 National City Successor Agency Recognized Obligation Payment Schedule (ROPS) 25-26 (Summarized) Item # Project Name/Debt Obligation Payee Description/Project Scope Total Outstanding Debt or Obligation Retired ROPS 25-26 Total Redevelop- ment Property Tax Trust Fund (RPTTF) Other Funds Admin RPTTF ROPS 25- 26A Total Redevelop- ment Property Tax Trust Fund (RPTTF) Admin RPTTF ROPS 25- 26B Total Totals 28,764,230 4,128,682 3,530,973 248,930 33,827 3,813,730 281,125 33,827 314,952 87 Personnel and Admin Costs City of National City Personnel and other support services for SA 67,654 N 67,654 - 33,827 33,827 33,827 33,827 128 Contract for Financial Analysis NHA Advisors Financial and bond adviser/annual disclosure 4,000 N 4,000 4,000 - 4,000 - 162 Bonds Bank of New York Fiscal Agent Fees 32,000 N 4,000 4,000 - 4,000 - 180 2017 Tax Allocation Refunding Bond - Series A Principal Payment Bank of New York Mellon Trust Company, N. A. Bonds issued to refund the outstanding principal balance of the 2005B and 2011 TABs 24,877,000 N 3,217,000 2,968,070 248,930 - 3,217,000 - 181 2017 Tax Allocation Refunding Bond - Series A Interest Payment Bank of New York Mellon Trust Company, N. A. Bonds issued to refund the outstanding principal balance of the 2005B and 2011 TABs 2,509,360 N 579,386 309,719 - 309,719 269,667 269,667 182 2017 Tax Allocation Refunding Bond - Series B Principal Payment Bank of New York Mellon Trust Company, N. A. Bonds issued to refund the outstanding principal balance of the 1999 TAHBs 1,202,000 N 231,000 231,000 - 231,000 - 183 2017 Tax Allocation Refunding Bonds - Series B Interest Payment Bank of New York Mellon Trust Company, N. A. Bonds issued to refund the outstanding principal balance of the 1999 TAHBs 72,216 N 25,642 14,184 - 14,184 11,458 11,458 Funding Sources ROPS 25-26A (Jul - Dec)* Funding Sources ROPS 25-26B (Jan - Jun)* * This summary version of the ROPS shows only the active obligations of the Successor Agency and the relevant funding sources for those obligations. Page 319 of 588 RESOLUTION NO. 2025 - RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, CALIFORNIA, ADOPTING A BUDGET OF $4,128,682 FOR FISCAL YEAR 2025-26 WHEREAS, on August 25, 2025, the Executive Director submitted to the Board of the Successor Agency a Proposed Budget for the 2025-26 fiscal year, and WHEREAS, said budget reflects expenditures of $4,128,682 as requested by the Successor Agency and authorized by the State Department of Finance for the Recognized Obligation Payment Schedule (ROPS 25-26) period of July 1, 2025 through June 30, 2026 and the associated funding sources; and WHEREAS, Successor agencies’ expenditures are governed by the annual ROPS; and WHEREAS, Successor agencies are not required to adopt an annual budget, but staff recommends doing so as a measure of transparency; and WHEREAS, said budget, incorporated herein by reference, has been discussed and deliberated in public session. NOW, THEREFORE, THE BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: That the Board of the Successor Agency hereby adopts a budget of $4,128,682 for the Successor Agency for Fiscal Year 2025-26. Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 19th day of August, 2025. Ron Morrison, Chairman ATTEST: Shelley Chapel, MMC, City Clerk as Secretary to the Successor Agency APPROVED AS TO FORM: Barry J. Schultz Successor Agency Counsel Page 320 of 588 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Interim City Manager SUBJECT: Warrant Register No. 47 for the Period of 5/16/25 through 5/22/25 in the Amount of $2,277,810.41 RECOMMENDATION: Ratify Warrants Totaling $2,277,810.41 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for the period of 5/16/25 – 5/22/25. Consistent with the Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Martinez, Jose A. 374655 56,000.00 T&A 90694 Refund for Project Bond Sunroad Auto LLC 374693 53,694.13 Purchase of Ford Police Interceptor Health Net Inc 374642 65,895.66 Grp# R1192A – June 2025 Health Net Ins On Duty Health 374663 55,898.31 Annual Firefighter Health & Fitness FINANCIAL STATEMENT: Warrant Register Total $2,277,810.41 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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act ORDINANCE: Not Applicable EXHIBIT: Exhibit A – FY25 Warrant Register No. 47 Page 321 of 588 CHK NO AMOUNT 374622 10,923.89 374622 2,734.50 374622 16,744.54 374634 6,105.00 374637 795.00 374637 850.00 374637 1,090.00 374637 1,666.98 374637 2,650.00 374637 19,897.65 63,457.56 374621 115.21 374660 2,500.00 2,615.21 374610 35.00 374610 35.00 374611 35.00 374612 35.00 374613 35.00 374625 11.00 374633 75.00 374652 35.00 374677 35.00 374683 35.00 374687 230.64 596.64 374674 541.58 374674 459.46 1,001.04 374607 843.75 374607 1,031.25 374607 4,547.20 374607 4,547.20 374607 4,774.57 374607 4,774.57 Warrant Register #47 5/16/2025 to 5/22/2025 PAYEE DESCRIPTION DATE CIVICA LAW GROUP APC CODE MATTER 220 14TH STREET 5/22/2025 CIVICA LAW GROUP APC LEGAL SERVICES FOR CODE MATTER STUDIO 6 5/22/2025 A/P PAYMENTS City Atty CIVICA LAW GROUP APC LEGAL SERVICES FOR STARDUST MATTER 5/22/2025 HAMRICK & EVANS, LLP LEGAL SERVICES FOR AGUIRRE MATTER 5/22/2025 HAMRICK & EVANS, LLP LEGAL SERVICES FOR RODRIGUEZ MATTER 5/22/2025 FOZI DWORK & MODAFFE LEGAL SERVICES FOR SDUSD MATTER 5/22/2025 HAMRICK & EVANS, LLP LEGAL SERVICES FOR CHICANO FEDERATION MATT 5/22/2025 HAMRICK & EVANS, LLP LEGAL SERVICES FOR DELGADO MATTER 5/22/2025 Total for City Atty HAMRICK & EVANS, LLP LEGAL SERVICES FOR CORTEZ MATTER 5/22/2025 HAMRICK & EVANS, LLP LEGAL SERVICES FOR MARTIN MATTER 5/22/2025 NATIONAL CITY CHAMBE JOB FAIR TITLE SPONSORSHIP - APRIL 23, 2025 5/22/2025 Total for City Mgr City Mgr CHAVEZ, ALEXA REIMBURSEMENT FOR LAUNDRY TABLE CLOTHES 5/22/2025 AGUILA, MARIA REFUND LAS PALMAS POOL CLASS CANCELLATION 5/22/2025 ALFORQUE, JUBELYN REFUND LAS PALMAS POOL CLASS CANCELLATION 5/22/2025 Comm Svcs AGUILA, MARIA REFUND LAS PALMAS POOL CLASS CANCELLATION 5/22/2025 CUEVA, LOURDES RFW-REFUND YOUTH SUMMER DANCE CLUB 7-10 5 5/22/2025 FLORES, LUIS REFUND LAS PALMAS POOL MEMBERSHIP POOL CL 5/22/2025 ALFORQUE, JUBELYN REFUND LAS PALMAS POOL CLASS CANCELLATION 5/22/2025 ALFORQUE, JUBELYN REFUND LAS PALMAS POOL CLASS CANCELLATION 5/22/2025 SARMIENTO, SUHAILY REFUND LAS PALMAS POOL CLASS CANCELLATION 5/22/2025 SMART & FINAL MOP 45756 FAB PROGRAMMING SUPPLIES/CSD 5/22/2025 LOAIZA, ROSALINDA REFUND LAS PALMAS POOL CLASS CANCELLATION 5/22/2025 RODRIGUEZ, RICARDO REFUND LAS PALMAS POOL CLASS CANCELLATION 5/22/2025 QUALITY INSTANT PRIN CM DITAS YAMANE'S POSTCARD/POSTAGE 5/22/2025 Total for Council Total for Comm Svcs Council QUALITY INSTANT PRIN CM DITAS YAMANE'S POSTCARD/POSTAGE 5/22/2025 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR REPAIRS FY25-PW/FAC 5/22/2025 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR REPAIRS FY25-PW/FAC 5/22/2025 Eng/PW 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR REPAIRS FY25-PW/FAC 5/22/2025 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR REPAIRS FY25-PW/FAC 5/22/2025 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR REPAIRS FY25-PW/FAC 5/22/2025 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR REPAIRS FY25-PW/FAC 5/22/2025 1Page 322 of 588 CHK NO AMOUNT Warrant Register #47 5/16/2025 to 5/22/2025 PAYEE DESCRIPTION DATE 374607 134.69 374607 2,048.69 374607 757.19 374607 4,774.57 374607 1,647.18 374608 456.25 374608 606.00 374608 652.00 374616 140.00 374620 97.43 374620 119.53 374627 288.07 374627 600.20 374627 1,047.00 374648 183.66 374648 102.82 374655 56,000.00 374656 1,630.56 374659 471.50 374659 287.50 374661 (10.86) 374661 10.37 374661 10.86 374661 210.26 374661 186.17 374661 32.61 374661 67.41 374661 172.62 374665 3,079.29 374666 (421.30) 374666 73.02 374666 104.17 374666 73.02 374666 62.89 374666 48.42 374666 66.58 374667 44.94 374667 31.16 374668 56.07 374668 196.55 374669 41.56 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR REPAIRS FY25-PW/FAC 5/22/2025 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR REPAIRS FY25-PW/FAC 5/22/2025 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR REPAIRS FY25-PW/FAC 5/22/2025 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR REPAIRS FY25-PW/FAC 5/22/2025 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR REPAIRS FY25-PW/FAC 5/22/2025 A & A AUTO GLASS INC REPL WINDSHIELDS FY25-PW/EQM 5/22/2025 AVILA, MACARIO REIMBURSMENT FOR MACARIO AVILA PRC# T3414 5/22/2025 A & A AUTO GLASS INC REPL WINDSHIELDS FY25-PW/EQM 5/22/2025 A & A AUTO GLASS INC REPL WINDSHIELDS FY25-PW/EQM 5/22/2025 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 5/22/2025 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 5/22/2025 CANON SOLUTIONS AMER EQUIPMENT BASE CHARGE OF ENG PLOTTER/SCAN 5/22/2025 CANON SOLUTIONS AMER EQUIPMENT USAGE CHARGE OF ENG PLOTTER/SCA 5/22/2025 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW /5/22/2025 MARTINEZ, JOSE A.T&A 90694 REFUND FOR PROJECT BOND 1835 A AV 5/22/2025 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 5/22/2025 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FOR FY25-PW /5/22/2025 NATIONAL CITY CAR WA CAR WASH SERVICES FOR FLEET MARCH FY25-PW 5/22/2025 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 MASON'S SAW & LAWNMO SMALL TOOLS FOR WASTEWATER FY25-PW/WW 5/22/2025 NATIONAL CITY CAR WA CAR WASH SERVICES FOR FLEET FEB FY25-PW/EQ 5/22/2025 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 PACIFIC STATES PETRO HYDRAULIC OIL, ENGINE OIL FY25-PW/EQM 5/22/2025 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 2Page 323 of 588 CHK NO AMOUNT Warrant Register #47 5/16/2025 to 5/22/2025 PAYEE DESCRIPTION DATE 374669 28.01 374669 8.13 374670 106.12 374672 141.81 374672 389.58 374672 60.66 374672 76.09 374672 142.85 374672 42.36 374672 142.78 374672 50.19 374672 57.97 374672 88.00 374672 43.42 374672 59.48 374672 172.15 374672 229.89 374672 41.66 374673 52.94 374673 120.73 374673 52.94 374673 113.84 374675 102.70 374678 400.00 374679 26.09 374679 11.45 374679 37.73 374679 89.12 374680 1,488.65 374680 38,811.91 374684 5.61 374684 113.08 374684 581.83 374689 6,046.37 374690 4,392.72 374690 31,924.33 374691 32.60 374691 40.29 374691 335.99 374691 275.13 374692 145.74 POWERSTRIDE BATTERY MOP 67839 AUTO BATTERIES FY25-PW/EQM 5/22/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/STS 5/22/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/22/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 5/22/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 5/22/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/STS 5/22/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/STS 5/22/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 5/22/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 5/22/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/STS 5/22/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/STS 5/22/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 5/22/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 5/22/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 5/22/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 5/22/2025 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/WW 5/22/2025 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/STS 5/22/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/WW 5/22/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 5/22/2025 RDO EQUIPMENT CO EXTRA KEYS FOR NEW TRACTOR FY25-PW/EQM 5/22/2025 SAM'S ALIGNMENT WHEEL ALIGNMENT SERVICES FY25-PW/EQM 5/22/2025 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/WW 5/22/2025 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/STS 5/22/2025 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS MAY FY25-PW/ST 5/22/2025 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS MAY FY25-PW/ST 5/22/2025 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS MAY FY25-PW/ST 5/22/2025 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS MAY FY25-PW/ST 5/22/2025 SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 5/22/2025 SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 5/22/2025 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR WASTEWATER MAY FY25- 5/22/2025 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS MAY FY25-PW/ST 5/22/2025 SOUTHWEST SIGNAL SER INTERSECTION MAINTENANCE FY25-PW/STS 5/22/2025 SOUTHWEST SIGNAL SER INTERSECTION MAINTENANCE FY25-PW/STS 5/22/2025 SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 5/22/2025 SOLANA CENTER FOR SB 1383 COMPLIANCE SUPPORT SERVICES 5/22/2025 STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES FY25-PW/ENG 5/22/2025 STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES FY25-PW/ENG 5/22/2025 STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES FY25-PW/ENG 5/22/2025 STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES FY25-PW/ENG 5/22/2025 SUNBELT RENTALS, INC AUGER RENTAL FOR PARKS FY25-PW/PARKS 5/22/2025 3Page 324 of 588 CHK NO AMOUNT Warrant Register #47 5/16/2025 to 5/22/2025 PAYEE DESCRIPTION DATE 374693 53,694.13 374694 138.62 374694 138.62 374699 80.46 374699 84.81 374699 64.64 374700 10,821.39 374700 995.59 374701 614.18 374701 363.98 374702 634.12 251,412.67 374629 17.00 374630 1,358.42 374631 18,019.30 374638 37,338.89 374639 30,699.39 374640 816.26 374641 4,240.20 374642 65,895.66 374643 2,890.41 374644 316.45 374645 9.06 374646 8,298.30 374697 2,701.09 374697 1,326.00 374697 8,926.62 374697 448.04 374697 (74.66) 374697 4,494.76 374704 1,275.00 374705 4,750.00 374706 2,500.00 196,246.19 374615 5,125.00 374628 125.00 374632 495.90 374632 495.90 374657 395.96 SWEETWATER AUTHORITY WATER BILL FOR WW MAR-APR FY25-PW/WW 5/22/2025 SWEETWATER AUTHORITY WATER BILL FOR WW MAR-APR FY25-PW/WW 5/22/2025 SUNROAD AUTO LLC PURCHASE OF FORD POLICE UTILITY INTERCEPTO 5/22/2025 VELOCITY TRUCK CENTE ENGINE AND TRANSMISSION PARTS FOR FY25-PW/ 5/22/2025 VORTEX INDUSTRIES IN CITY WIDE ON SITE REPAIRS FY25-PW/FAC 5/22/2025 VELOCITY TRUCK CENTE ENGINE AND TRANSMISSION PARTS FOR FY25-PW/ 5/22/2025 VELOCITY TRUCK CENTE ENGINE AND TRANSMISSION PARTS FOR FY25-PW/ 5/22/2025 VULCAN MATERIALS COM ASPHALT & ROCK MATERIALS FOR FY25-PW/STS 5/22/2025 VULCAN MATERIALS COM ROADWAY MATERIALS FY25-PW/STS 5/22/2025 VORTEX INDUSTRIES IN CITY WIDE ON SITE REPAIRS FY25-PW/FAC 5/22/2025 VULCAN MATERIALS COM ASPHALT & ROCK MATERIALS FOR FY25-PW/STS 5/22/2025 DELTA DENTAL INSURAN JUNE 2025 GRP #05-7029600000 PMI DENTAL INS 5/22/2025 DELTA DENTAL OF CALI JUNE 2025 GRP #05-908600000 DENTAL INS PREMIE 5/22/2025 Total for Eng/PW Finance DELTA DENTAL INSURAN JUNE 2025 GRP #05-7029600002 COBRA DENTAL 5/22/2025 HEALTH NET INC GRP #LB439F – JUNE 2025 HEALTH NET INSURANCE 5/22/2025 HEALTH NET INC GRP #N8240A – JUNE 2025 HEALTH NET INSURANCE 5/22/2025 HEALTH NET INC GRP #GX011A – JUNE 2025 HEALTH NET INSURANC 5/22/2025 HEALTH NET INC GRP #LB439A – JUNE 2025 HEALTH NET INSURANCE 5/22/2025 HEALTH NET INC GRP #ZI454A – JUNE 2025 HEALTH NET INSURANCE 5/22/2025 HEALTH NET INC GRP #ZI454F – JUNE 2025 HEALTH NET INSURANCE 5/22/2025 HEALTH NET INC GRP #R1192A – JUNE 2025 HEALTH NET INSURANCE 5/22/2025 HEALTH NET INC GRP #R1192R – JUNE 2025 HEALTH NET INSURANCE 5/22/2025 THE LINCOLN NATIONAL JUNE 2025 - GRP #415491 LIFE & AD&D, STD, LTD IN 5/22/2025 THE LINCOLN NATIONAL JUNE 2025 - GRP #415491 LIFE & AD&D, STD, LTD IN 5/22/2025 HINDERLITER DE LLAMA PROPERTY TAX RECORDS REVIEW AN 5/22/2025 THE LINCOLN NATIONAL JUNE 2025 - GRP #415491 LIFE & AD&D, STD, LTD IN 5/22/2025 THE LINCOLN NATIONAL JUNE 2025 - GRP #415491 LIFE & AD&D, STD, LTD IN 5/22/2025 WILDAN FINANCIAL SRV COST ALLOCATION PLAN AND USER FEE STUDY 5/22/2025 THE LINCOLN NATIONAL JUNE 2025 - GRP #415491 LIFE & AD&D, STD, LTD IN 5/22/2025 THE LINCOLN NATIONAL JUNE 2025 - GRP #415491 LIFE & AD&D, STD, LTD IN 5/22/2025 Total for Finance Fire AP TRITON, LLC EVALUATE AND OPTIMIZE THE EMERGENCY MEDICA 5/22/2025 WOODRUFF & SMART RSWA - GENERAL MANAGER MONTHLY INVOICE MA 5/22/2025 WOODRUFF & SMART RSWA - LEGAL SERVICES - MAY 2025 5/22/2025 FIRE ETC MSA CAIRNS 880 STRUCTURE HELMET 5/22/2025 MATLOCK, JASEN TRAVEL EXPNSE REIMBRMT, BOISE RADIO TECH PR 5/22/2025 DANNLEY-JOHNSTON, BO PARAMEDIC TRAINING CLASS REIMBURSEMENT, PR 5/22/2025 FIRE ETC HELMET, REPLACEMT HELMET PARTS & DTERGNT F 5/22/2025 4Page 325 of 588 CHK NO AMOUNT Warrant Register #47 5/16/2025 to 5/22/2025 PAYEE DESCRIPTION DATE 374663 1,911.00 374663 55,898.31 374664 222.50 374671 5,250.00 374688 9,687.75 79,607.32 374609 825.60 374635 3.75 829.35 374617 20.57 374617 22.81 374617 23.03 374617 40.02 374617 47.91 374617 19.32 374617 19.95 374617 22.79 374617 25.22 374617 28.51 374617 28.61 374617 37.36 374617 45.43 374617 71.06 374617 263.02 374617 21.54 374617 40.48 374617 28.21 374617 76.55 374617 19.31 374617 19.95 374617 22.21 374617 41.17 374617 41.18 374617 42.44 374617 89.41 374617 94.83 374617 114.41 374617 138.86 374617 165.83 OSUNA, ADOLFO REIMBRSMT, EMT-B EXPENSS EMT LICENSE RENEW 5/22/2025 PRECISION, TRAINING CA STATE FIRE MARSHAL FIRE STATION 34 PRC#T3 5/22/2025 ON DUTY HEALTH, PLLC ANNUAL FIREFIGHTER HEALTH & FITNESS ASSESSM 5/22/2025 ON DUTY HEALTH, PLLC ANNUAL FIREFIGHTER HEALTH & FITNESS ASSESSM 5/22/2025 HR AETNA BEHAVIORAL HEA EMPLOYEE ASSISTANCE PROGRAM/JUN25 5/22/2025 SO CAL PPE, LLC TURNOUT COAT AND PANTS CLEANING | MISC REPA 5/22/2025 Total for Fire Library BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/22/2025 G2SOLUTIONS, INC NEW EMPLOYEE FINGERPRINT TEST SUBMISSION/A 5/22/2025 Total for HR BAKER & TAYLOR BAKER AND TAYLOR- 3 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- MITOLOGIA MEXICANA PARA 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- THIS IS A LOVE STORY 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- SWAN SONG 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 4 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- DANES MARK 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 3 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR-2 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 4 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 4 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 22 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- NIGHT IN THE CITY 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- SIMPLE PATH TO WEALTH YO 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 5 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR, 6 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 7 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 6 BOOKS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR, 9 BOOKS 5/22/2025 5Page 326 of 588 CHK NO AMOUNT Warrant Register #47 5/16/2025 to 5/22/2025 PAYEE DESCRIPTION DATE 374618 12.07 374618 14.80 374618 17.53 374618 17.53 374618 18.62 374618 6.17 374618 8.14 374618 12.95 374618 14.07 374618 16.67 374618 16.76 374618 18.68 374618 19.08 374618 14.05 374618 14.71 374618 6.57 374618 8.80 374618 13.64 374618 17.53 374618 18.41 374619 14,470.81 374651 900.00 374653 4,883.90 374685 3,329.00 374686 1,168.00 26,710.48 374673 16.73 374673 16.73 33.46 374624 69.60 374695 432.92 374695 202.76 374695 13.13 374695 65.45 374695 110.05 374695 268.43 1,162.34 374614 954.80 BAKER & TAYLOR BAKER AND TAYLOR- SECRET GARDEN 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- ROCKET BEAMS LUNAR DREA 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- LA NINA QUE PENSABA EN IMA 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- MARIOS BIG ADVENTURES 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- VERY STRANGE ANIMALS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- ROOM ON THE BROOM 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- TOO MANY HUGS A BOOK ABO 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- WILL THE PIGEON 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- ARE YOU AFRAID OF THE DAR 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- LA EXPLOSION 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- WILD SIDE 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- 90 RESPUESTAS A 90 PREGUN 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- BIEN GRACIAS Y USTED 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- LIVE AND ART ESSAYS 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- MAYO CLINIC 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- HELLO KITTY AND FRIENDS C 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- SCAMP 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- POTTY TIME WITH BEAN 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR-SONIC THE HEDGEHOG SONIC 5/22/2025 LIBRARY PASS, INC RFW- LIBRARY PASS- COMICS PLUS SUBSCRIPTION 5/22/2025 MANGO LANGUAGES RFW- MANGO LANG. SUBSCRIPTION RENEWAL 5/22/2025 BAKER & TAYLOR BAKER AND TAYLOR- LA CHARLA THE TALK 5/22/2025 BIBLIOTHECA LLC BIBLIOTHECA SUBSCRIPTION RENEWAL 5/22/2025 Total for Library Neigh Svcs PRUDENTIAL OVERALL S MOP 45742 LAUDNRY SERVICE 5/22/2025 SERRA COOPERATIVE LI SERRA COOPERATIVE- RFW SUBSCRIPTION RENEW 5/22/2025 SIRSIDYNIX SIRSI DYNIX SUBSCRIPTION- READER'S PRESS AND 5/22/2025 Nutrition COZZINI BROS., INC.KNIFE SHARPENING SERVICES FOR FY 25 5/22/2025 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICE 5/22/2025 Total for Neigh Svcs SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION 5/22/2025 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION 5/22/2025 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION 5/22/2025 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION 5/22/2025 Total for Nutrition Police ANDERSON, STEVEN C REIM: SANDERSON - SUPERVISORY COURSE 5/22/2025 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION 5/22/2025 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION 5/22/2025 6Page 327 of 588 CHK NO AMOUNT Warrant Register #47 5/16/2025 to 5/22/2025 PAYEE DESCRIPTION DATE 374626 109.20 374636 11,358.38 374647 40.00 374649 9,076.28 374649 650.00 374650 304.39 374654 152.30 374658 203.11 374662 10,678.42 374662 28,394.35 374676 1,500.00 374681 46.00 374682 927.11 374696 187.80 374698 187.80 374703 87.00 374703 145.00 65,001.94 374623 7,040.00 7,040.00 695,714.20 1000374 18,411.19 1000375 25,829.65 1000376 140.59 1000376 185.21 1000376 25.01 1000376 346.13 1000377 723.63 1000378 30,677.75 76,339.16 1000372 193.45 1000379 130.43 1000380 159.72 1000380 305.70 789.30 1000380 394.89 HIRSH, KEVIN REIM: KHIRSH - ICI ROBBERY INVESTIGATIONS 5/22/2025 LAKESHORE MANAGERS ELECTRIC TRAILER MOVER/CART MOVER FOR WEL 5/22/2025 CYRACOM INTERNATIONA LANGUAGE LINE FOR DISPATCH FY2025 (APR) 5/22/2025 GOVCONNECTION INC LENOVO THINKPAD X13 G5 CORE ULTRA 5 125U 5/22/2025 MARIOTA, RYAN K REIM: RMARIOTA - BASIC PEER SUPPORT TRAINING 5/22/2025 MAYFIELD, HALEY REIM: HMAYFIELD ADV. PEER SUPPORT TRAINING 5/22/2025 LAKESHORE MANAGERS ELECTRIC TRAILER MOVER/CART MOVER FOR WEL 5/22/2025 LASER SAVER INC MOP# 45725 / HP CF258A BLACK TONER OEM/IA TRA 5/22/2025 ROB ANDREW PHOTOGRAP PHOTOGRAPHER SERVICES 5/22/2025 SAN DIEGO MIRAMAR CO TRAINING TUITION AOT PRC T3257 5/22/2025 OMNI PACIFIC FURNITURE FOR POLICE DEPARTMENT 5/22/2025 OMNI PACIFIC FURNITURE FOR POLICE DEPARTMENT 5/22/2025 VARGAS, MARC REIM: MVARGAS - DRUGGED DRIVING INVESTIGATI 5/22/2025 WADSWORTH, MATTHEW REIM: MWADSWORTH - LESS LETHAL INSTRUCTOR 5/22/2025 SAN DIEGO POLICE EQU BALLISTIC VESTS 5/22/2025 TAN, ARIAH REIM: ATAN - DRUGGED DRIVING INVESTIGATIONS/5/22/2025 Risk CLAIMS MANAGEMENT MONTHLY RISK MANAGEMENT SERVICES/FEB25 5/22/2025 WADSWORTH, MATTHEW REIM: MWADSWORTH - CHEMICAL AGENT INSTRUC 5/22/2025 Total for Police Eng/PW CHEN RYAN ASSOCIATES CIP 23-13 24TH ST TRANSIT CENTER 5/16/2025 Total for Risk A/P PAYMENTS Total EFT PAYMENTS GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 5/16/2025 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 5/16/2025 CIRCUIT TRANSIT INC SPECIALIZED SERVICES FOR CLEAN MOBILITY 5/16/2025 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 5/16/2025 INNOVATIVE CONSTRUCT LAS PALMAS POOL SITE MAINTENANCE AND COORD 5/16/2025 Total for Eng/PW GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 5/16/2025 HAAKER EQUIPMENT COM SEWER SUPPLIES/PART FY25-PW/WW 5/16/2025 SMART SOURCE OF CALI MOP#63845, BUSINESS CARDS R DREW, ESPIRITU, 5/16/2025 SUN BADGE COMPANY IN ANTIQUED SILTONE BADGE - DIVISION CHIEF 5/16/2025 Fire ACE UNIFORMS & ACCES CLASS B, CLASS A AND UNIFORM ACCESSORY 5/16/2025 Neigh Svcs SUN BADGE COMPANY IN 2 BADGES/SUN BADGE CODE ENFORCEMENT 5/16/2025 SUN BADGE COMPANY IN FIRE DEPARTMENT BADGES 5/16/2025 Total for Fire 7Page 328 of 588 CHK NO AMOUNT Warrant Register #47 5/16/2025 to 5/22/2025 PAYEE DESCRIPTION DATE 394.89 1000373 165.30 165.30 77,688.65 1,503,552.11 1,503,552.11 251350173 855.45 855.45 855.45 2,277,810.41 Total for Police EFT PAYMENTS Total Payroll Total for Neigh Svcs Police ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 5/16/2025 WIRED PAYMENTS HR PAYCHEX BENEFIT TECH BENETRAC ESR SVCS BASE FEE/MAY2025 5/16/2025 PY91632 5/21/2025 Payroll Total GRAND TOTAL Total for HR WIRED PAYMENTS Total 8Page 329 of 588 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Interim City Manager SUBJECT: Warrant Register No. 48 for the Period of 5/23/25 through 5/29/25 in the Amount of $1,181,714.48 RECOMMENDATION: Ratify Warrants Totaling $1,181,714.48 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for the period of 5/23/25 – 5/29/25. Consistent with the Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Wright Construction 374871 238,075.03 CIP 19-11 Paradise Creek Water Quality City of San Diego 374724 128,225.20 Fire & Emergency Medical Dispatch Svcs Bank of America 2694 65,662.00 2017 Energy Efficiency Series A Bond Public Emp Retirmnt 251430135 361,086.32 Service Period 04/29/2025 – 05/12/2025 FINANCIAL STATEMENT: Warrant Register Total $1,181,714.48 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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act ORDINANCE: Not Applicable EXHIBIT: Exhibit A – FY25 Warrant Register No. 48 Page 330 of 588 CHK NO AMOUNT 374708 200.00 374764 375.00 374769 100.76 675.76 374725 29.50 374725 678.50 374725 154.00 374725 472.00 374725 885.00 2,219.00 374757 487.50 374767 69.14 374767 36.03 374767 12.69 374767 171.84 374767 247.03 374767 159.60 1,183.83 374713 25.00 374713 340.31 374713 24.62 374713 57.49 374713 65.20 374713 44.25 374713 161.86 374750 304.50 374761 5.42 374761 316.84 374773 304.50 1,649.99 374729 300.15 374729 200.00 374732 258.29 374767 33.92 374767 33.92 A/P PAYMENTS Building 4LINK NETWORK CONSUL COLLECT AND TRACK HOME INSPECTION REQUES 5/29/2025 Warrant Register #48 5/23/2025 to 5/29/2025 PAYEE DESCRIPTION DATE Total for Building City Atty CIVICA LAW GROUP APC LEGAL SERVICES FOR 819 OLIVE AVE MATTER 5/29/2025 SOLIS, JOSE REIMBURSTMENT J.SOLIS ICC ONLINE LEARNING S 5/29/2025 STAPLES BUSINESS ADV MOP 45704 BUILDING OFFICE SUPPLIES 5/29/2025 CIVICA LAW GROUP APC LEGAL SERVICES FOR RAMADA MATTER 5/29/2025 CIVICA LAW GROUP APC LEGAL SERVICES FOR GENERAL CODE MATTER 5/29/2025 CIVICA LAW GROUP APC LEGAL SERVICES FOR GENERAL CODE ENFORCEM 5/29/2025 CIVICA LAW GROUP APC LEGAL SERVICES FOR STARDUST INN MATTER 5/29/2025 STAPLES BUSINESS ADV MOP#45704-CM YAMANE'S / CMO OFFICE SUPPLIES 5/29/2025 STAPLES BUSINESS ADV MOP#45704-CM YAMANE'S / CMO OFFICE SUPPLIES 5/29/2025 Total for City Atty City Mgr SCI CONSULTING GROUP TECHNICAL ASSISTANCE AND SUBJECT MATTER E 5/29/2025 STAPLES BUSINESS ADV MOP# 45704 - CMO OFFICE SUPPLIES 5/29/2025 STAPLES BUSINESS ADV MOP#45704 -CMO OFFICE SPLY COUNCIL AGENDA 5/29/2025 STAPLES BUSINESS ADV CM YAMANES EXPO PENS /CMO WHITE COPY PAP 5/29/2025 STAPLES BUSINESS ADV CM YAMANES EXPO PENS /CMO WHITE COPY PAP 5/29/2025 AMAZON CAPITAL SERVI CASA MUSIC & MLK OFFICE SUPPLIES/AMAZON 5/29/2025 AMAZON CAPITAL SERVI CASA MUSIC & MLK OFFICE SUPPLIES/AMAZON/CS 5/29/2025 Total for City Mgr Comm Svcs AMAZON CAPITAL SERVI CASA MUSIC & MLK OFFICE SUPPLIES/AMAZON 5/29/2025 AMAZON CAPITAL SERVI FRINGE BACKDROP BALLOONS DANCE SHOWCAS 5/29/2025 AMAZON CAPITAL SERVI FAB PROGRAM DANCE SUPPLIES/CSD 5/29/2025 AMAZON CAPITAL SERVI MLK OFFICE SUPPLIES/CSD 5/29/2025 AMAZON CAPITAL SERVI MEDICAL SUPPLIES/CSD 5/29/2025 SMART & FINAL MOP 45756 FAB PROGRAMMING SUPPLIES/CSD 5/29/2025 T'S & SIGNS INC NC MOVIE NIGHTS MARKETING SIGNS/CSD 5/29/2025 PEIRCE, DENISSE RFW-CONTRACT INSTRUCTOR MONTHLY PAYMEN 5/29/2025 SMART & FINAL MOP 45756 MLK PROGRAMMING/CSD 5/29/2025 DEKRA-LITE INDUSTRIE BANR INST STKR FOR SPELLING MISTAKES 5/29/2025 ENTERPRISE RENT A CA RENT A CAR FOR MARCUS BUSH AUSTIN TEXAS CO 5/29/2025 Total for Comm Svcs Council DEKRA-LITE INDUSTRIE BANR INST STKR FOR SPELLING MISTAKES 5/29/2025 STAPLES BUSINESS ADV MOP#45704 - COUNCIL COFFEE FOR COUNCIL MEE 5/29/2025 STAPLES BUSINESS ADV MOP#45704 - COUNCIL COFFEE FOR COUNCIL MEE 5/29/2025 1Page 331 of 588 CHK NO AMOUNT Warrant Register #48 5/23/2025 to 5/29/2025 PAYEE DESCRIPTION DATE 374767 33.92 374767 33.92 374767 (196.19) 697.93 374707 183.18 374707 1,880.10 374707 514.00 374707 2,297.90 374707 183.18 374707 4,774.57 374707 942.75 374709 460.95 374711 2,306.44 374715 41,379.00 374716 137.00 374727 48.19 374727 314.78 374727 612.90 374734 157.70 374735 128.33 374737 304.46 374738 4,537.19 374742 460.09 374742 22.50 374742 703.61 374743 1,465.00 374745 64.38 374745 625.71 374745 51.50 374745 1,704.63 374745 169.95 374746 964.39 374747 4.14 374747 13.49 374747 15.77 374747 168.22 374747 51.43 374748 89.22 374752 22.50 374752 25.19 STAPLES BUSINESS ADV MOP#45704 - COUNCIL COFFEE FOR COUNCIL MEE 5/29/2025 STAPLES BUSINESS ADV MOP#45704 - COUNCIL COFFEE FOR COUNCIL MEE 5/29/2025 Eng/PW 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR REPAIRS FY25-PW/FAC 5/29/2025 STAPLES BUSINESS ADV MOP#45704 - REFUND ITEM MV EASEL 4 LEG EZ-C 5/29/2025 Total for Council 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR REPAIRS FY25-PW/FAC 5/29/2025 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR REPAIRS FY25-PW/FAC 5/29/2025 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR REPAIRS FY25-PW/FAC 5/29/2025 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR REPAIRS FY25-PW/FAC 5/29/2025 ACME SAFETY & SUPPLY STREET SIGN SUPPLIES FY25-PW/STS 5/29/2025 ALIGNMENT EXPRESS OF BRAKE JOB VEH #034 FY25-PW/EQM 5/29/2025 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR REPAIRS FY25-PW/FAC 5/29/2025 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR REPAIRS FY25-PW/FAC 5/29/2025 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 5/29/2025 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 5/29/2025 ANSER ADVISORY MANAG WASTEWATER MANAGEMENT SUPPORT SWEETW 5/29/2025 ASBURY ENVIRONMENTAL USED OIL PICK UP FY25-PW/EQM 5/29/2025 HOME DEPOT CREDIT SE MISC PARK MAINTENANCE SUPPLIES FOR FY25-PW 5/29/2025 KIMBALL MIDWEST AUTO SUPPLIES FY25-PW/EQM 5/29/2025 DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 5/29/2025 FLEET SERVICES INC MOP 67804 AUTO SUPPLIES FY25-PW/EQM 5/29/2025 MASON'S SAW & LAWNMO LEAF BLOWER FOR STREETS FY25-PW/STS 5/29/2025 MASON'S SAW & LAWNMO LEAF BLOWER FOR STREETS FY25-PW/STS 5/29/2025 KIMLEY HORN AND CIP 21-28 PARADISE WETLAND 5/29/2025 MASON'S SAW & LAWNMO MOP 45729 LANDSCAPE SUPPLIES FY25-PW/PARKS 5/29/2025 NV5 INC VALLEY RD. & ALAMEDA WAY MEDIA 3 PERMIT SER 5/29/2025 NV5 INC P1 SEWER UPSIZING TRAFFIC CONTROL PLAN CHE 5/29/2025 MEGLA MANUFACTURING ADAPTER FOR VEH #090/#078 FY25-PW/EQM 5/29/2025 NV5 INC E 16TH ST. CONTRACT SERVICES 5/29/2025 PACIFIC STATES PETRO HYDRAULIC OIL, ENGINE OIL FY25-PW/EQM 5/29/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/29/2025 NV5 INC CROWN CASTLE PERMITS E 14TH ST & PALM AVE. 5/29/2025 NV5 INC NC GIS WEBSERVER CONSULTING SERVICES 5/29/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/29/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/29/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/29/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/29/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/PARKS 5/29/2025 PARTS AUTHORITY METR MOP 75943 AUTO SUPPLIES FY25-PW/EQM 5/29/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/FAC 5/29/2025 2Page 332 of 588 CHK NO AMOUNT Warrant Register #48 5/23/2025 to 5/29/2025 PAYEE DESCRIPTION DATE 374752 302.33 374752 179.69 374753 5,253.05 374753 19,636.95 374753 1,192.50 374753 9,056.50 374753 16,203.00 374753 1,722.50 374753 2,573.25 374753 2,650.00 374753 11,734.25 374753 12,919.75 374754 28.75 374754 45.11 374754 80.16 374754 82.40 374754 82.40 374756 487.56 374759 581.83 374759 581.83 374759 273.29 374760 70.94 374760 48.68 374760 153.83 374762 45.88 374763 9,521.47 374771 119.09 374771 119.09 374771 138.62 374776 867.29 374777 43.78 374779 2,026.58 374781 238,075.03 404,681.72 374722 1,268.50 374723 2,528.00 374755 7,682.93 11,479.43 374712 3,474.78 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/STS 5/29/2025 PROJECT PROFESSIONAL CIP 19-11 AMENDMENT 1 FOR PARADISE CREEK W 5/29/2025 PROJECT PROFESSIONAL AMENDMENT # 2 FOR SOLID WASTE ADMINISTRAT 5/29/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/STS 5/29/2025 PROJECT PROFESSIONAL CIP 19-11 AMENDMENT 1 FOR PARADISE CREEK W 5/29/2025 PROJECT PROFESSIONAL AMENDMENT # 2 FOR SOLID WASTE ADMINISTRAT 5/29/2025 PROJECT PROFESSIONAL RESEARCH CA RAP PERCENTAGE REQUIREMENTS 5/29/2025 PROJECT PROFESSIONAL CIP 24-10 - KIMBALL PARK BALLFIELD LIGHTING -AR 5/29/2025 PROJECT PROFESSIONAL CIP 19-11 AMENDMENT 1 FOR PARADISE CREEK W 5/29/2025 PROJECT PROFESSIONAL CIP 19-11 AMENDMENT 1 FOR PARADISE CREEK W 5/29/2025 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/FAC 5/29/2025 PROJECT PROFESSIONAL AMENDMENT # 2 FOR SOLID WASTE ADMINISTRAT 5/29/2025 PROJECT PROFESSIONAL CIP 24-10 - KIMBALL PARK BALLFIELD LIGHTING -AR 5/29/2025 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/EQM 5/29/2025 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/EQM 5/29/2025 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/FAC 5/29/2025 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICE FY25-PW/PARKS 5/29/2025 SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 5/29/2025 SEDANO FORD OF LM, I MOP 87498 AUTO PART FY25-PW/EQM 5/29/2025 SAN DIEGO HYDRAULICS MOP 85005 AUTO PARTS FY25-PW/EQM 5/29/2025 SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 5/29/2025 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 5/29/2025 SO CAL TRUCK STOP MOP 45758 DIESEL FY25-PW/EQM 5/29/2025 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 5/29/2025 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PARKS 5/29/2025 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FEB-MAR FY25-PW/P 5/29/2025 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS MAR-APR FY25-PW/P 5/29/2025 SOLANA CENTER FOR SB 1383 COMPLIANCE SUPPORT SERVICES 5/29/2025 SWEETWATER AUTHORITY WATER SERVICE FOR PARKS FEB-APR FY25-PW/PA 5/29/2025 WAXIE SANITARY SUPPL BPO: JANITORIAL SUPPLIES FY25-PW/FAC 5/29/2025 WRIGHT CONSTRUCTION,CIP 19-11 PARADISE CREEK WATER QUALITY 5/29/2025 UNITED ROTARY BRUSH BROOMS FOR STREET SWEEPER-PW/EQM 5/29/2025 VULCAN MATERIALS COM LATE CHARGE FY25-PW/STS 5/29/2025 CALIFORNIA LAW ENFOR JUNE 2025 - PD LTD 5/29/2025 RELIANCE STANDARD JUNE 2025 - GRP VAI826233, VCI801146 & VG180848 5/29/2025 Total for Eng/PW Finance C A P F JUNE 2025 - FIRE LTD 5/29/2025 Total for Finance Fire ALLSTAR FIRE EQUIPME LION CXTM = 21 VERSAPRO PLUC COAT, BLACK 5/29/2025 3Page 333 of 588 CHK NO AMOUNT Warrant Register #48 5/23/2025 to 5/29/2025 PAYEE DESCRIPTION DATE 374713 147.05 374713 138.64 374713 56.53 374714 1,082.64 374714 16.80 374724 128,225.20 374739 200.00 374766 1,222.56 374767 47.61 374775 1,005.00 374780 455.22 136,072.03 374744 282.48 282.48 374726 155.00 374726 464.00 374726 451.00 374730 245.00 374731 1,420.93 374731 2,664.24 374731 2,664.24 374731 460.00 374733 58.30 374741 88.00 374741 616.00 374761 164.33 374765 74.00 374767 288.09 374767 15.81 374778 159.60 9,988.54 374718 9.86 374718 10.12 374718 16.68 374718 16.76 374718 18.67 374718 19.31 374718 19.95 AMAZON CAPITAL SERVI FOLDING CHAIRS & TABLE 5/29/2025 AMAZON CAPITAL SERVI FOLDING CHAIRS & TABLE 5/29/2025 AMEDEE, WALTER MILEAGE REIMBRSMENT, FY2024 HSGP WORKSHO 5/29/2025 CITY OF SAN DIEGO FIRE & EMERGENCY MEDICAL DISPATCH SERVCS, 5/29/2025 AMAZON CAPITAL SERVI FILE FOLDERS, MAGNET CLIPS/AMAZON $57 5/29/2025 AMEDEE, WALTER REIMBRSMT, TRAVEL EXPNS CESA CONFERENCE, 5/29/2025 STAPLES BUSINESS ADV MOP#45704, STPLS 3 TAB FF LTR MANILA 100 PK 5/29/2025 TINOSA INC QUARTERLY AIR SAMPLING COMPRESSOR SCBA 5/29/2025 KREPPS, BRIAN REIMBRSMNT PYMT FOR CLASS ATTENDED, CHIEF 5/29/2025 SPEEDPRO IMAGING GRAPHICS FOR UTILITY VEHICLE 5/29/2025 Housing NAN MCKAY AND ASSOCI ADMIN PLAN HOTMA WOKSHOP FOR SEC 8 DEP 5/29/2025 WITMER PUBLIC SAFETY EAGLE FRONT HOLDERS 5/29/2025 Total for Fire CONCENTRA MEDICAL CE PRE-EMPLOYMENT PHYSICAL 5/29/2025 CONCENTRA MEDICAL CE PRE-EMPLOYMENT PHYSICAL 5/29/2025 Total for Housing HR CONCENTRA MEDICAL CE PRE-EMPLOYMENT PHYSICAL 5/29/2025 DEPASCALE, AARON ADVCD DISABILITY PENSION PYMT/MAY25/DEPASC 5/29/2025 DEPASCALE, AARON ADVANCED DISABILITY PENSION PAYMENT/JUNE 2 5/29/2025 DEPARTMENT OF JUSTIC NEW EMPLOYEE FINGERPRINT TEST RESULTS-DO 5/29/2025 DEPASCALE, AARON ADVCD DISABILITY PENSION PYMT-MAY25(PARTIAL 5/29/2025 LIEBERT CASSIDY WHI GEN LEGAL SERVICES REGARDING #NA040-00040 5/29/2025 LIEBERT CASSIDY WHI GEN LEGAL SERVICES REGARDING #NA040-00001 5/29/2025 DEPASCALE, AARON RETIREE HEALTH BENEFITS - MAY 2025 5/29/2025 FEDEX TESTING MATERIALS 5/29/2025 STAPLES BUSINESS ADV MOP #45704/OFFICE SUPPLIES/HR 5/29/2025 STAPLES BUSINESS ADV MOP #45704/OFFICE SUPPLIES/HR 5/29/2025 SMART & FINAL MOP #45756/JOB FAIR SUPPLIES/HR 5/29/2025 SOUTH BAY SHREEDDING ON-SITE MOBILE DOCUMENT DESTRUCTION/APR25 5/29/2025 Library BAKER & TAYLOR BAKER AND TAYLOR- LITTLE OWL DISCOVER AN A 5/29/2025 WAITE, MARIA C.REIMBURSEMENT FOR TRAVEL/PRISM BENEFITS W 5/29/2025 Total for HR BAKER & TAYLOR BAKER AND TAYLOR- I SURVIVED II 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- BOCHICA 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- EL EQUIPO DE REIKOS TEAM 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- EL PAIS DEL ATARDECER DO 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- METALLIC REALMS 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- BUSYBODY BOOK CLUB 5/29/2025 4Page 334 of 588 CHK NO AMOUNT Warrant Register #48 5/23/2025 to 5/29/2025 PAYEE DESCRIPTION DATE 374718 28.43 374718 28.80 374718 30.97 374718 36.71 374718 36.82 374718 40.00 374718 41.17 374718 45.94 374718 47.93 374718 53.76 374718 125.98 374718 299.12 374718 380.91 374718 18.68 374718 19.94 374718 19.95 374718 19.95 374718 23.31 374718 35.23 374718 40.33 374718 56.69 374718 60.69 374718 176.41 374719 6.17 1,785.24 374713 19.53 374767 326.24 374767 326.24 374774 414.54 1,086.55 374710 93.50 374710 700.20 374710 1,033.93 374710 2,781.68 374758 424.46 374772 258.50 374772 3,463.41 374772 3,271.83 374772 56.44 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- 3 BOOKS 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- 3 BOOKS 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- 4 BOOKS 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- 24 BOOKS 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- CIRCULAR MOTION 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- 10 BOOKS 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- 22 BOOKS 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- PRESUMED GUILTY 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- MARTHA'S VINEYARD BEAC H 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- BROOK SHIELDS IS NOT ALLO 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- FUNNY BECAUSE ITS TRUE H 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- 3 BOOKS 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- 3 BOOKS 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- PRESUMED GUILTY 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- 2 BOOKS 5/29/2025 Total for Library Neigh Svcs AMAZON CAPITAL SERVI EARPIECE FOR RADIO/AMAZON 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- 9 BOOKS 5/29/2025 BAKER & TAYLOR BAKER AND TAYLOR- WHO IS SHMEI ONTANI 5/29/2025 THE SHERWIN WILLIAMS MOP 77816 PAINT SUPPLIES 5/29/2025 Total for Neigh Svcs STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES 5/29/2025 STAPLES BUSINESS ADV MOP 45704 OFFICE SUPPLIES 5/29/2025 ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION 5/29/2025 ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION 5/29/2025 Nutrition ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION 5/29/2025 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION 5/29/2025 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION 5/29/2025 ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRITION 5/29/2025 SDG&E GAS SERVICES FOR FY25 5/29/2025 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION 5/29/2025 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRITION 5/29/2025 5Page 335 of 588 CHK NO AMOUNT Warrant Register #48 5/23/2025 to 5/29/2025 PAYEE DESCRIPTION DATE 12,083.95 374768 123.63 374770 272.27 395.90 374717 780.54 374721 110.54 374740 325.98 374740 163.07 374740 163.07 374749 83.06 374751 1,836.00 374751 54.00 374767 46.72 3,562.98 587,845.33 1000382 4,113.44 4,113.44 1000386 2,153.25 2,153.25 1000381 429.55 429.55 1000381 150.85 150.85 1000383 33.43 1000383 463.57 1000387 467.16 1000387 292.22 1000387 292.22 1000388 433.78 1000388 490.46 1000388 178.68 1000389 (135.94) 1000389 106.53 Total for Nutrition Planning STAPLES BUSINESS ADV MOP 45704 PLANNING OFFICE SUPPLIES 5/29/2025 Police BADGE FRAME INC K-9 LEGACY PERPETUAL PLAQUE 5/29/2025 STAPLES BUSINESS ADV MOP 45704 PLANNING OFFICE SUPPLIES 5/29/2025 Total for Planning LASER SAVER INC MOP# 45725 HP 3001DW W1380X BLACK TONER OE 5/29/2025 LASER SAVER INC MOP# 45725 HP 3001DW W1380X BLK TONER OEM 5/29/2025 BARRAGAN, JOSE REIM: ADVANCED OFFICER TRAINING 5/29/2025 LASER SAVER INC MOP# 45725 BLK, CYAN, MAG, YEL FOR DISPATCH 5/29/2025 PEPPERBALL PEPPERBALL FILL SYSTEM 5/29/2025 STAPLES BUSINESS ADV MOP# 45704 / HANGING FILE FOLDERS / PD ADMIN 5/29/2025 PC SPECIALISTS INC MISC MIS EQUIPMENT / PD 5/29/2025 PEPPERBALL PEPPERBALL FILL SYSTEM 5/29/2025 City Atty DEVANEY PATE MORRIS LEGAL SERVICES FOR THE PORT OF SD 5/23/2025 Total for Police A/P PAYMENTS Total EFT PAYMENTS Total for City Mgr Comm Svcs ACE UNIFORMS & ACCES ACE UNIFORMS CODE CORDOVA 5/23/2025 Total for City Atty City Mgr NATIONAL CITY TROPHY CUSTOM I LOVE NC PINS FOR MAYOR 5/23/2025 Total for Council Eng/PW GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 5/23/2025 Total for Comm Svcs Council ACE UNIFORMS & ACCES REPLACEMENT DITAS JACKET FOR NOVEMBER OR 5/23/2025 T MAN TRAFFIC SUPPLY MOP 76666 TRAFFIC SUPPLIES FY25-PW/STS 5/23/2025 T MAN TRAFFIC SUPPLY MOP 76666 TRAFFIC SUPPLIES FY25-PW/STS 5/23/2025 GRAINGER MOP 65179 BUILDING SUPPLIES FY25-PW/FAC 5/23/2025 T MAN TRAFFIC SUPPLY MOP 76666 TRAFFIC SIGN SUPPLIES FY25-PW/STS 5/23/2025 VISTA PAINT MOP 68834 PAINT SUPPLIES FY25-PW/STS 5/23/2025 WETMORES MOP 80333 AUTO SUPPLIES FY25-PW/EQM 5/23/2025 VISTA PAINT MOP 68834 PAINT SUPPLIES FY25-PW/STS 5/23/2025 VISTA PAINT MOP 68834 PAINT SUPPLIES FY25-PW/STS 5/23/2025 WETMORES MOP 80333 AUTO SUPPLIES FY25-PW/EQM 5/23/2025 6Page 336 of 588 CHK NO AMOUNT Warrant Register #48 5/23/2025 to 5/29/2025 PAYEE DESCRIPTION DATE 1000389 57.79 1000389 182.00 2,861.90 1000381 (377.07) 1000381 (532.51) 1000384 817.00 1000384 860.00 1000384 1,010.50 1000385 182.97 1000390 41.36 2,002.25 1000381 203.65 1000381 75.41 1000388 450.92 729.98 1000381 150.85 1000381 77.36 1000381 105.60 1000381 467.04 1000381 181.02 1000390 58.74 1,040.61 13,481.83 2660 45,400.00 2660 40,341.42 2694 65,662.00 2694 35,419.44 251430135 361,086.32 251470211 32,478.14 580,387.32 580,387.32 1,181,714.48 WETMORES MOP 80333 AUTO SUPPLIES FY25-PW/EQM 5/23/2025 Total for Eng/PW WETMORES MOP 80333 AUTO SUPPLIES FY25-PW/EQM 5/23/2025 ACE UNIFORMS & ACCES CLASS B, CLASS A AND UNIFORM ACCESSORY 5/23/2025 HAMLYN WILLIAMS INC TEMP SOA, NARDYEZDA ACOSTA, W/E 06-APR-2025 5/23/2025 Fire ACE UNIFORMS & ACCES CLASS B, CLASS A AND UNIFORM ACCESSORY 5/23/2025 L N CURTIS & SONS NOZZLES 1.5 PACKAGE TO REPLACE OUTDATED 5/23/2025 WILLY'S ELECTRONIC S MOP#45763, SPLIT LOOM 5%, CUT, VEHICLE OUTFI 5/23/2025 HAMLYN WILLIAMS INC TEMP SOA, NARDYEZDA ACOSTA, WE 27-APR 2025 5/23/2025 HAMLYN WILLIAMS INC TEMP SOA, NARDYEZDA ACOSTA, W/E 04-MAY2025 5/23/2025 ACE UNIFORMS & ACCES JACKET FOR URQUIDEZ/ACE UNIFORMS 5/23/2025 VISTA PAINT MOP 68834 PAINT SUPPLIES 5/23/2025 Total for Fire Neigh Svcs ACE UNIFORMS & ACCES BADGE FOR PARKING COHEN/ACE UNIFORMS 5/23/2025 ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 5/23/2025 ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 5/23/2025 Total for Neigh Svcs Police ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 5/23/2025 WILLY'S ELECTRONIC S MOP# 45763 INVESTIGATIONS CONF ROOM WIRE C 5/23/2025 Total for Police ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 5/23/2025 ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 5/23/2025 BANK OF AMERICA 2017 ENERGY EFFICIENCY SERIES B BOND PAYME 5/29/2025 BANK OF AMERICA 2017 ENERGY EFFICIENCY SERIES B BOND PAYME 5/29/2025 EFT PAYMENTS Total WIRED PAYMENTS Finance PUBLIC EMP RETIREMEN SERVICE PERIOD 04/29/2025 - 05/12/2025 5/27/2025 U S BANK CREDIT CARD STATEMENT – MAY 2025 5/28/2025 BANK OF AMERICA 2017 ENERGY EFFICIENCY SERIES A BOND PAYME 5/29/2025 BANK OF AMERICA 2017 ENERGY EFFICIENCY SERIES A BOND PAYME 5/29/2025 GRAND TOTAL Total for Finance WIRED PAYMENTS Total 7Page 337 of 588 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Interim City Manager SUBJECT: Warrant Register No. 49 for the Period of 5/30/25 through 6/5/25 in the Amount of $3,907,751.19 RECOMMENDATION: Ratify Warrants Totaling $3,907,751.19 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for the period of 5/30/25 – 6/5/25. Consistent with the Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Geosyntec Consultant 374808 119,485.00 Sewer Emergency Services – 2700 Block Rove Engineering 374835 60,633.98 CIP 24-21 3131 Valley Road Storm Drain Devaney Pate Morris 1000400 234,891.48 Legal Services / Cummins Matter FINANCIAL STATEMENT: Warrant Register Total $3,907,751.19 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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act ORDINANCE: Not Applicable EXHIBIT: Exhibit A – FY25 Warrant Register No. 49 Page 338 of 588 CHK NO AMOUNT 374844 115.23 115.23 374815 12,837.50 374820 103.86 12,941.36 374794 (271.86) 374794 (26.09) 374794 (54.75) 374795 204.40 374795 76.11 374842 27.42 374843 65.23 374843 321.41 341.87 374803 238.10 374807 1,850.00 374807 4,000.00 374807 14,375.00 374807 689.25 374808 5,797.33 374808 12,400.50 374808 1,401.25 374808 2,616.25 374808 5,217.50 374808 119,485.00 374810 1,500.59 374810 40.20 374810 568.96 374810 238.12 374810 429.28 374812 1,926.20 374817 6,900.00 374821 722.74 374825 4,528.14 374825 4,454.75 374826 13.18O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY25-PW/EQM 6/4/2025 NV5 INC FOR T&A 90696- 21 W 7TH ST. 6/4/2025 NV5 INC T&A 90710- PACIFIC PLAZA RESIDENCES- E 12T 6/4/2025 LEIGHTON CONSULTING GEOTECH EXPLORATION FOR KIMBALL BALLFIE 6/4/2025 MASTER PERFORMANCE HIGH PRESSURE VALVE FOR WW VEH #090 F25 6/4/2025 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FY25-PW/F 6/4/2025 JOAO CARDOSO CIP 24-23 POLICE WALKWAY WATERPROOFING 6/4/2025 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FY25-PW/F 6/4/2025 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FY25-PW/F 6/4/2025 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FY25-PW/F 6/4/2025 HOME DEPOT CREDIT SE BPO: BUILDING MATERIAL SUPPLIES FY25-PW/F 6/4/2025 GEOSYNTEC CONSULTANT AS-NEEDED HOMELESS ENCAMPMENT CLEANU 6/4/2025 GEOSYNTEC CONSULTANT SEWER EMERGENCY SERVICES - 2700 BLOCK O 6/4/2025 GEOSYNTEC CONSULTANT FY25 DUCK POND GROUNDWATER MONITORIN 6/4/2025 GEOSYNTEC CONSULTANT NTP- FY25 COMPLIANCE SUPPORT FOR CITY O 6/4/2025 GEOSYNTEC CONSULTANT AS-NEEDED HOMELESS ENCAMPMENT CLEANU 6/4/2025 GEOSYNTEC CONSULTANT AS-NEEDED HOMELESS ENCAMPMENT CLEANU 6/4/2025 GEOSYNTEC CONSULTANT CONCRETE BACKFILL OF VOIDS IN CONST ARE 6/4/2025 GEOSYNTEC CONSULTANT FY25 DUCK POND GROUNDWATER MONITORIN 6/4/2025 GEOSYNTEC CONSULTANT STEEL PLATE INSTALLATION - LOCATED HIGHLA 6/4/2025 GEOSYNTEC CONSULTANT STEEL PLATE INSTALLATION- 16TH AND M AVE 6/4/2025 KOSMONT & ASSOCIATES PORT COST SHARING STUDY 6/4/2025 Eng/PW DANIELS TIRE SERVICE BPO: TIRES FOR CITY FLEET FY25-PW/EQM 6/4/2025 STAPLES BUSINESS ADV MOP 45704 DUPLICATING SUPPLIES FOR OFFIC 6/4/2025 Total for Comm Svcs SMART & FINAL MOP 45756 FAB PROGRAMMING SUPPLIES/CSD 6/4/2025 STAPLES BUSINESS ADV MOP 45704 ET/MLK SUPPLIES/CSD 6/4/2025 AMAZON CAPITAL SERVI DRUM PEDALS AND AIR FRYER FOR CASA/CSD 6/4/2025 AMAZON CAPITAL SERVI DRUM PEDALS AND AIR FRYER FOR CASA/CSD 6/4/2025 A/P PAYMENTS Building STAPLES BUSINESS ADV MOP 45704 BUILDING OFFICE SUPPLIES 6/4/2025 Warrant Register #49 5/30/2025 to 6/5/2025 PAYEE DESCRIPTION DATE AMAZON AMAZON CREDIT MEMO/CSD 6/4/2025 AMAZON AMAZON CREDIT MEMO/CSD 6/4/2025 Comm Svcs AMAZON AMAZON CREDIT MEMO/CSD 6/4/2025 MARISA ROSALEZ REIMBURSEMENT - TRAVEL EXPENSE - ALBUQ 6/4/2025 Total for City Mgr Total for Building City Mgr 1 Page 339 of 588 CHK NO AMOUNT Warrant Register #49 5/30/2025 to 6/5/2025 PAYEE DESCRIPTION DATE 374826 136.63 374829 106.12 374830 143.55 374830 37.66 374830 52.03 374830 123.02 374830 150.66 374830 25.70 374830 81.71 374830 377.16 374830 12.98 374831 80.16 374831 52.94 374831 82.40 374831 88.65 374832 34,418.50 374835 60,633.98 374836 312.06 374836 2,708.08 374836 47.65 374836 48.48 374837 453.26 374840 (507.69) 374840 265.59 374840 79.31 374840 519.17 374841 255.71 374841 471.90 374841 476.80 374845 1,942.50 374847 2,745.47 374850 309.22 374850 10,000.00 306,123.70 374782 400.00 374783 460.00 374784 780.00 374785 280.00 374786 460.00 374787 460.00PIERSON, DARREN P RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 MCCABE, TOM RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 MEEKS, JEFFREY RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 DEPASCALE, AARON RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 IBARRA, JOE RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 Total for Eng/PW Finance CORNEJO, JAVIER RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 LEE, LETICIA T&A 90678 REFUND FOR PROJECT 2250 PROSP 6/5/2025 LEE, LETICIA T&A 90679 REFUND FOR PROJECT BOND 2250 P 6/5/2025 STC TRAFFIC INC ARDURRA WASTEWATER TAX ROLL UPDATE 6/4/2025 TERRA BELLA NURSERY TREES FOR PARKS 6/4/2025 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PA 6/4/2025 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PA 6/4/2025 SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 6/4/2025 SITEONE LANDSCAPE SU MOP 69277 LANDSCAPE SUPPLIES FY25-PW/PA 6/4/2025 SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 6/4/2025 SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 6/4/2025 SAN DIEGO HYDRAULICS MOP 85005 AUTO REPAIRS FY25-PW/EQM 6/4/2025 SEDANO FORD OF LM, I R&M CITY VEHICLES FY25-PW/EQM 6/4/2025 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS MAY FY25 6/4/2025 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR STREETS MAY FY25-P 6/4/2025 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR FACILITIES MAY FY25-6/4/2025 SAN DIEGO GAS & ELEC GAS AND ELECTRIC FOR FACILITIES MAY FY25-6/4/2025 RAC CONSTRUCTION &CIP 24-20 16TH AND Q AVE STORM DRAIN REPA 6/4/2025 ROVE ENGINEERING INC CIP 24-21 3131 VALLEY ROAD STORM DRAIN RE 6/4/2025 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/EQM 6/4/2025 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/PARK 6/4/2025 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/PARK 6/4/2025 PRUDENTIAL OVERALL S MOP 45742 LAUNDRY SERVICES FY25-PW/WW 6/4/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/STS 6/4/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/PARK 6/4/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/WW 6/4/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/STS 6/4/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/WW 6/4/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/WW 6/4/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/STS 6/4/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/PARK 6/4/2025 POWERSTRIDE BATTERY MOP 67839 AUTO BATTERIES FY25-PW/EQM 6/4/2025 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY25-PW/PARK 6/4/2025 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY25-PW/EQM 6/4/2025 2 Page 340 of 588 CHK NO AMOUNT Warrant Register #49 5/30/2025 to 6/5/2025 PAYEE DESCRIPTION DATE 374788 135.00 374789 540.00 374843 74.61 374843 353.27 3,942.88 374798 618.00 374798 593.20 374798 976.40 374804 912.00 374804 6.60 374804 420.00 374818 250.00 374823 2,086.17 374831 25.00 374834 1,095.63 374834 244.69 374834 832.13 374834 739.71 374834 361.59 374834 98.15 374834 108.48 374834 484.42 374834 460.40 10,312.57 374833 9,000.00 9,000.00 374794 114.84 374794 29.35 374794 301.74 374794 1,424.06 374794 656.62 374794 413.25 374794 2,496.85 374794 134.13 374794 1,188.19 374794 921.39 374797 14.71 374797 16.68BAKER & TAYLOR BAKER AND TAYLOR-REACTIVA TU SISTEMA 6/4/2025 AMAZON LUNCH AT THE LIBRARY GRANT- SUMMER REA 6/4/2025 BAKER & TAYLOR BAKER AND TAYLOR- CUANDO LLEGA EL AHZE 6/4/2025 AMAZON LITERACY SERVICES (CLLS) GRANT-MATERIALS 6/4/2025 AMAZON LUNCH AT THE LIBRARY GRANT- SUMMER REA 6/4/2025 AMAZON AUDIO-VISUAL EQUIPMENT, LIBRARY 6/4/2025 AMAZON COMPUTER EQUIPMENT 6/4/2025 AMAZON AUDIO-VISUAL EQUIPMENT, LIBRARY 6/4/2025 AMAZON AUDIO-VISUAL EQUIPMENT, LIBRARY 6/4/2025 AMAZON AMAZON- FOOTREST 6/4/2025 AMAZON LITERACY SERVICES (CLLS) GRANT-MATERIALS 6/4/2025 Total for HR Library AMAZON LITERACY SERVICES (CLLS) GRANT-MATERIALS 6/4/2025 HR RALPH ANDERSEN & AS CONDUCT A COMPENSATION SURVEY/AUG24 6/4/2025 ROGUE FITNESS ROGUE FITNESS EQUIPMENT 6/4/2025 Total for Fire ROGUE FITNESS ROGUE FITNESS EQUIPMENT 6/4/2025 ROGUE FITNESS ROGUE FITNESS EQUIPMENT 6/4/2025 ROGUE FITNESS ROGUE FITNESS EQUIPMENT 6/4/2025 ROGUE FITNESS ROGUE FITNESS EQUIPMENT 6/4/2025 ROGUE FITNESS ROGUE FITNESS EQUIPMENT 6/4/2025 ROGUE FITNESS ROGUE FITNESS EQUIPMENT 6/4/2025 ROGUE FITNESS ROGUE FITNESS EQUIPMENT 6/4/2025 ROGUE FITNESS ROGUE FITNESS EQUIPMENT 6/4/2025 MOTOROLA SOLUTIONS I PORTABLE RADIO BATTERIES 6/4/2025 PRUDENTIAL OVERALL S MOP#45742, 18X18 PURPLE SHOP TOWEL 6/4/2025 DAY WIRELESS SYSTEMS RADIO REPAIR 6/4/2025 LUCAS, MATTHEW A REIMBURSMNT, EMT-P EXPENSS RECERT PAR 6/4/2025 DAY WIRELESS SYSTEMS RADIO REPAIR 6/4/2025 DAY WIRELESS SYSTEMS RADIO REPAIR 6/4/2025 BLACK, NICHOLAS J EDUCATIONAL REIMBRSMT, HAZARDOUS MI CO 6/4/2025 BLACK, NICHOLAS J EDUCATIONAL REIMBRSMT, COMPANY OFFICER 6/4/2025 Fire BLACK, NICHOLAS J EDUCATIONAL REIMBRSMT, COMPANY OFFICER 6/4/2025 STAPLES BUSINESS ADV MOP #45704 /MISC. OFFICE SUPPLIES /FIN DEPT 6/4/2025 Total for Finance YBARRA, ANTONIO RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 STAPLES BUSINESS ADV MOP #45704 / STAPLER / FIN DEPT 6/4/2025 ROARK, LANNY RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 3 Page 341 of 588 CHK NO AMOUNT Warrant Register #49 5/30/2025 to 6/5/2025 PAYEE DESCRIPTION DATE 374797 19.31 374797 19.94 374797 19.97 374822 77.58 7,848.61 374794 (63.55) 374799 100.00 374799 100.00 374802 25.00 374802 250.00 374830 431.19 374830 432.83 1,275.47 374792 2,093.13 374792 2,452.48 374792 1,245.72 374792 746.94 374792 2,484.90 374792 65.22 374792 967.00 374793 659.85 374793 705.71 374793 665.24 374793 199.96 374793 732.65 374827 876.25 374839 2,000.78 374839 1,937.81 374846 3,808.95 21,642.59 374811 184.50 374813 1,989.33 374814 8,010.67 10,184.50 374790 1,561.68 374791 857.00 374796 1,241.50 AEP CALIFORNIA LLC PROGRAMING UPDATE FOR VEHICLE EMERGEN 6/4/2025 AT&T AT&T MONTHLY BILL / LIVE 911 6/4/2025 Total for Planning Police ACTION TARGET INC RANGE TARGET CARRIER REPAIR 6/4/2025 KIMLEY HORN AND ON-CALL PROJECT SUPPORT SERVICES FOR C 6/4/2025 KIMLEY HORN AND ON-CALL PROJECT SUPPORT SERVICES FOR C 6/4/2025 Planning INTEGRITY NEWSPAPERS NOTICE OF ZONE CHANGE NOTICE 6/4/2025 SYSCO SAN DIEGO INC FOOD/CONSUMABLES AS NEEDED FOR NUTRIT 6/4/2025 Total for Nutrition SDG&E ELECTRIC SERVICES FOR FY25 6/4/2025 SDG&E ELECTRIC SERVICES FOR FY25 6/4/2025 ALL FRESH PRODUCTS FOOD/CONSUMABLES AS NEEDED FOR NUTRIT 6/4/2025 PACIFIC REFRIGERATIO KITCHEN EQUIPMENT SERVICE AND MAINTENA 6/4/2025 ALL FRESH PRODUCTS FOOD/CONSUMABLES AS NEEDED FOR NUTRIT 6/4/2025 ALL FRESH PRODUCTS FOOD/CONSUMABLES AS NEEDED FOR NUTRIT 6/4/2025 ALL FRESH PRODUCTS FOOD/CONSUMABLES AS NEEDED FOR NUTRIT 6/4/2025 ALL FRESH PRODUCTS FOOD/CONSUMABLES AS NEEDED FOR NUTRIT 6/4/2025 ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRIT 6/4/2025 ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRIT 6/4/2025 ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRIT 6/4/2025 ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRIT 6/4/2025 ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRIT 6/4/2025 ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRIT 6/4/2025 Total for Neigh Svcs Nutrition ALDEMCO FOOD/CONSUMABLES AS NEEDED FOR NUTRIT 6/4/2025 PRO BUILD COMPANY MOP 45707 PAINT SUPPLIES 6/4/2025 PRO BUILD COMPANY MOP 45707 PAINT SUPPLIES 6/4/2025 CPPA CMPA WEBINAR PARKING MOATS 6/4/2025 CPPA CMPA MEMBERSHIP PARKING 6/4/2025 CALIFORNIA ASSOCIATI CACEO MEMBERSHIP OFFICER HUESO 6/4/2025 CALIFORNIA ASSOCIATI CACEO MEMBERSHIP SORIANO 6/4/2025 Neigh Svcs AMAZON AMAZON CREDIT MEMO 6/4/2025 MIDWEST TAPE, LLC MIDWEST TAPE- 3 DVDS 6/4/2025 Total for Library BAKER & TAYLOR BAKER AND TAYLOR- ONYX STORM 6/4/2025 BAKER & TAYLOR BAKER AND TAYLOR- MANANA SERA OTRA DIA 6/4/2025 BAKER & TAYLOR BAKER AND TAYLOR- UPON A STARLIT TIDE 6/4/2025 4 Page 342 of 588 CHK NO AMOUNT Warrant Register #49 5/30/2025 to 6/5/2025 PAYEE DESCRIPTION DATE 374800 620.00 374801 2,338.49 374801 15.00 374801 2,269.23 374801 15.00 374801 1,923.11 374804 170.00 374805 296.00 374806 5,537.93 374809 1,475.78 374819 1,540.00 374824 119.38 374824 1,228.49 374828 417.00 374830 117.16 374838 46.00 374843 178.23 374843 6.85 374843 78.72 374848 375.00 374849 1,540.36 23,967.91 407,696.69 1000411 156.59 156.59 1000400 225.00 1000400 234,891.48 1000400 1,650.00 236,766.48 1000410 73.95 73.95 1000391 340.49 1000414 10.88 351.37 1000392 3,862.50 Eng/PW CHEN RYAN ASSOCIATES ON-CALL PROJECT SUPPORT SERVICES FOR S 5/30/2025 T'S & SIGNS INC YAMANES EMBROIDERY LOGO 5/30/2025 Total for Council Total for City Mgr Council ACE UNIFORMS & ACCES YAMANE'S AND ASSISTANT JACKET 5/30/2025 Total for City Atty City Mgr SMART SOURCE OF CALI BUSINESS CARD / BEN MARTINEZ 5/30/2025 DEVANEY PATE MORRIS LEGAL SERVICES FOR CUMMINS MATTER 5/30/2025 DEVANEY PATE MORRIS LEGAL SERVICES FOR THE PORT OF SD 5/30/2025 City Atty DEVANEY PATE MORRIS LEGAL SERVICES FOR CALI MOTA MATTER 5/30/2025 SMART SOURCE OF CALI MOP 63845 BLDG BUSINESS CARDS 5/30/2025 Total for Building A/P PAYMENTS Total EFT PAYMENTS Building TRITECH FORENSICS I RFQ #1151 LAB SUPPLIES 6/4/2025 Total for Police STAPLES BUSINESS ADV MOP# 45704 / OFFICE SUPPLIES / PD ADMIN 6/4/2025 THE COUNSELING TEAM EMPLOYEE SUPPORT SERVICE FY2025 6/4/2025 STAPLES BUSINESS ADV MOP# 45704 / VARIOUS OFFICE SUPPLIES / PD A 6/4/2025 STAPLES BUSINESS ADV MOP# 45704 / OFFICE SUPPLIES / PD ADMIN 6/4/2025 PRO BUILD COMPANY MOP# 45707 / COPY KEYS FOR LT. GONZALES /6/4/2025 SAN DIEGO MIRAMAR CO TRAINING TUITION FOR ROT AOT PRC T3257 6/4/2025 MOTOROLA SOLUTIONS I LAPEL MICS FOR APX6000 RADIOS 6/4/2025 PECK, BENJAMIN REIM: BPECK - FIELD TRAINING OFFICER 6/4/2025 MAN K9 INC MONTHLY POST MANDATED K9 TRAINING 6/4/2025 MOTOROLA SOLUTIONS I LAPEL MICS FOR APX6000 RADIOS 6/4/2025 ENDURA, LLC DISPATCH CHAIRS 6/4/2025 GONZALES, ROBERTO R TRAINING REIMBURSEMENT FOR TRAINING LOD 6/4/2025 DAY WIRELESS SYSTEMS DISPATCH RCS REPAIRED 6/4/2025 DEPT OF JUSTICE DOJ FINGERPRINTING FOR FY25 6/4/2025 CDWG LENOVO - INVESTIGATIONS 6/4/2025 CDWG INVESTIGATIONS DESKTOP COMPUTERS UPGR 6/4/2025 CDWG WI-FI ONLY COMPUTER FOR IT AND RECORDS 6/4/2025 CDWG LENOVO - INVESTIGATIONS 6/4/2025 CAVENAUGH & ASSOCIAT TRAINING TUITION PRC T3346* INVOIC 3196 BR 6/4/2025 CDWG WI-FI ONLY COMPUTER FOR IT AND RECORDS 6/4/2025 5 Page 343 of 588 CHK NO AMOUNT Warrant Register #49 5/30/2025 to 6/5/2025 PAYEE DESCRIPTION DATE 1000392 8,965.00 1000392 4,920.00 1000392 122.50 1000392 1,435.00 1000392 6,919.54 1000392 17,968.70 1000392 34,426.30 1000392 1,042.50 1000393 2,140.79 1000393 16,787.74 1000401 45.54 1000401 105.49 1000402 274.05 1000404 547.93 1000404 438.05 1000404 1,347.32 1000405 519.00 1000405 10,654.00 1000405 12,023.00 1000405 24,083.00 1000405 31,403.00 1000406 11,357.12 1000407 47.52 1000408 1,360.00 1000408 8,375.80 1000413 292.22 201,463.61 1000415 560.00 1000416 520.00 1000417 500.00 1000418 70.00 1000419 640.00 1000420 260.00 1000421 580.00 1000422 400.00 1000423 620.00 1000424 500.00 1000425 400.00 1000426 460.00 1000427 420.00 CHELIUS, ANGELA RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 COLLINSON, CURTIS RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 CASTELLANOS, DAVID RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 CESNAUSKAS, STEVEN RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 CAMEON, CHRISTOPHER RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 CANEDO, RAMON RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 BOEGLER, CRAIG RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 BULL, PARRIS RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 BEARD, PATRICIA RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 BEVERIDGE, MARK RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 BALLARDO, DAMIAN RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 BAVENCOFF JR, DAVID RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 Total for Eng/PW Finance AGUIRRE, OSCAR RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 NERI LANDSCAPE ARCHI NTP - LAS PALMAS PROJECT SCOPING 5/30/2025 T MAN TRAFFIC SUPPLY MOP 76666 TRAFFIC SUPPLIES FY25-PW/STS 5/30/2025 NATIONAL CITY TROPHY MOP 66556 NAME PLATE FY25-PW/FAC 5/30/2025 NERI LANDSCAPE ARCHI NTP - LAS PALMAS PARK PROJECT SCOPING & 5/30/2025 INNOVATIVE CONSTRUCT CIP 24-04 FY24 AND FY25 ADA IMPROVEMENTS 5/30/2025 INNOVATIVE CONSTRUCT LAS PALMAS POOL SITE MAINTENANCE AND CO 5/30/2025 INNOVATIVE CONSTRUCT CIP 23-15 PAVEMENT REHABILITATION PROJEC 5/30/2025 INNOVATIVE CONSTRUCT CIP 19-23 CENTRAL COMM. MOBILE ENHANCEM 5/30/2025 INNOVATIVE CONSTRUCT CIP 22-09 EASTSIDE I-805 GREENBELT 5/30/2025 INNOVATIVE CONSTRUCT CIP 22-26 EL TOYON PARK 5/30/2025 HASA INC CHEMICALS FOR MUNICIPAL POOL FY25-PW/FA 5/30/2025 HASA INC CHEMICALS FOR MUNICIPAL POOL FY25-PW/FA 5/30/2025 HAAKER EQUIPMENT COM SMALL TOOLS FOR WASTEWATER FY25-PW/W W 5/30/2025 HASA INC CHEMICALS FOR MUNICIPAL POOL FY25-PW/FA 5/30/2025 GRAINGER MOP 65179 AUTO SUPPLIES FY25-PW/EQM 5/30/2025 GRAINGER MOP 65179 AUTO SUPPLIES FY25-PW/EQM 5/30/2025 D-MAX ENGINEERING IN FY24 - FY25 WASTWATER SERVICES INCLUDING 5/30/2025 D-MAX ENGINEERING IN FY24 -FY25 STORM WATER SERVICES 5/30/2025 CHEN RYAN ASSOCIATES BAYSHORE BIKEWAY SEGMENT 5 5/30/2025 CHEN RYAN ASSOCIATES LOCAL COASTAL PROGRAM AMENDMENT PHAS 5/30/2025 CHEN RYAN ASSOCIATES CIP 23-1 FEASIBILITY STUDY FOR 24TH ST. PED 5/30/2025 CHEN RYAN ASSOCIATES CIP 22-13 HIGHLAND AVE. 5/30/2025 CHEN RYAN ASSOCIATES ON-CALL PROJECT SUPPORT SERVICES AT SW 5/30/2025 CHEN RYAN ASSOCIATES ON-CALL PROJECT SUPPORT SERVICES SWEE 5/30/2025 CHEN RYAN ASSOCIATES ON-CALL PROJECT SUPPORT SERVICES FOR S 5/30/2025 CHEN RYAN ASSOCIATES ON-CALL PROJECT SUPPORT SERVICES AT SW 5/30/2025 6 Page 344 of 588 CHK NO AMOUNT Warrant Register #49 5/30/2025 to 6/5/2025 PAYEE DESCRIPTION DATE 1000428 280.00 1000429 520.00 1000430 520.00 1000431 900.00 1000432 250.00 1000433 660.00 1000434 110.00 1000435 680.00 1000436 250.00 1000437 280.00 1000438 250.00 1000439 620.00 1000440 460.00 1000441 220.00 1000442 400.00 1000443 540.00 1000444 600.00 1000445 700.00 1000446 480.00 1000447 680.00 1000448 660.00 1000449 500.00 1000450 680.00 1000451 400.00 1000452 200.00 1000453 680.00 1000454 60.00 1000455 480.00 1000456 50.00 1000457 300.00 1000458 480.00 1000459 660.00 1000460 160.00 1000461 100.00 1000462 290.00 1000463 640.00 1000464 460.00 1000465 120.00 1000466 360.00 1000467 400.00 1000468 340.00PAUU JR, PENU RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 OLIVERIA, HERMINIO RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 PARRA, FRANCISCO RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 NAGLE, DANIEL RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 NOTEWARE, DAVID RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 MCDANIEL, PATRICK RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 MUNOZ, LILIA RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 LIMFUECO, MARIA TERE RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 MATIENZO, MARIA RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 KLOS, FRANK RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 LAFRENIERE, MICHAEL RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 JUNIEL, RODERICK RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 KIMBLE, RANDY RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 JONES, ANGIL RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 JONES, DEREK RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 HODGES, BRENDA RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 JASMUND, DONALD RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 HERNANDEZ, JUDITH RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 HERNANDEZ, RICK RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 GONZALEZ, WILLIAM RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 HARLAN, MICHAEL RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 GONZALES, MANUEL RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 GONZALEZ, BEATRICE RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 FLORES, RICHARD M RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 GAUT, ANTHONY RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 FELIX, YOLANDA RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 FIFIELD, KEITH RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 ETZLER, JEFFREY RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 FABINSKI, DANIEL RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 EISER III, GEORGE RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 ESPIRITU, DAVID RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 DREDGE, JAMES RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 DUONG, MINH RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 DESROCHERS, PAUL RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 DIAZ, MIGUEL RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 DANESHFAR, ZIA-E-DIN RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 DEESE, LESLIE RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 COVARRUBIAS, ARACELI RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 DALLA, MICHAEL RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 CONDON, DONALD RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 CORDERO, ESTELA RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 7 Page 345 of 588 CHK NO AMOUNT Warrant Register #49 5/30/2025 to 6/5/2025 PAYEE DESCRIPTION DATE 1000469 300.00 1000470 140.00 1000471 280.00 1000472 190.00 1000473 400.00 1000474 240.00 1000475 260.00 1000476 660.00 1000477 310.00 1000478 300.00 1000479 340.00 1000480 520.00 1000481 440.00 1000482 480.00 1000483 580.00 1000484 320.00 1000485 560.00 1000486 400.00 1000487 700.00 1000488 250.00 1000489 480.00 1000490 480.00 1000491 520.00 1000492 700.00 1000493 220.00 1000494 560.00 1000495 4,072.29 38,052.29 1000401 412.79 1000403 860.00 1000403 860.00 1000403 903.00 3,035.79 1000409 4,199.01 1000409 117.40 1000409 3,406.18 1000409 5,903.56 1000409 3,266.41 16,892.56Total for IT SHARP ELECTRONICS CO SHARP COPIER METERING FY25 5/30/2025 SHARP ELECTRONICS CO SHARP COPIER METERING FY25 5/30/2025 SHARP ELECTRONICS CO SHARP COPIER STAPLES 5/30/2025 SHARP ELECTRONICS CO SHARP COPIER METERING FY25 5/30/2025 IT SHARP ELECTRONICS CO SHARP COPIER METERING FY25 5/30/2025 HAMLYN WILLIAMS INC TEMP SOA, NARDYEZDA ACOSTA-W/E 18-MAY-2 5/30/2025 Total for Fire HAMLYN WILLIAMS INC TEMP SOA, NARDYEZDA ACOSTA, WE 4-20-25 5/30/2025 HAMLYN WILLIAMS INC TEMP SOA, NARDYEZDA ACOSTA-W/E 11-MAY-2 5/30/2025 Total for Finance Fire GRAINGER MOP#65179, BATTERY 3.0 AH, LI-ION 5/30/2025 YOUNG, GRAHAM RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 BALLARDO, DAMIAN ADPP - JUNE 2025 6/3/2025 WRIGHT, MARIA ELENA RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 YBARRA, ALFREDO RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 VILLARIASA, STEVEN RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 WILKINS, THOMAS RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 TIPTON, BARBARA RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 VILLAGOMEZ, JULIAN RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 STANICH, COLLEEN RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 TELLEZ, JOSE RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 SMITH, JOE RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 SMITH, MATTHEW RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 SHOEMAKER, MICHAEL RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 SILVA, LARRY RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 SEWARD, GREGORY RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 SHEPHARD, STEVE RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 SAINZ, JOSE LUIS RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 SERVATIUS, JEFFREY RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 ROUSTON, JEFFREY RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 RUIZ, JAMES RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 RIOS, RAMONA RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 RODRIGUEZ, MANUEL RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 RAY, STEVEN RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 REDIKOP, BRIAN RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 PEASE JR, DAVID RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 POST, ROGER RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 PE, RAY RETIREE HEALTH BENEFITS - JUNE 2025 6/2/2025 8 Page 346 of 588 CHK NO AMOUNT Warrant Register #49 5/30/2025 to 6/5/2025 PAYEE DESCRIPTION DATE 1000412 156.59 156.59 1000391 129.30 1000391 24.77 1000391 19.40 1000391 (165.30) 1000414 337.13 1000414 108.75 1000414 864.56 1,318.61 1000394 175.00 1000395 967.60 1000396 508.78 1000397 279.30 1000398 495.00 1000399 177.00 2,602.68 500,870.52 1,484,655.59 2,319.59 1,486,975.18 Section 8 Payments PERIOD 5/30/25 - 6/05/25 6/1/2025 1,470,860.68 HAPS TOTAL 1,470,860.68 251550186 41,348.12 41,348.12 41,348.12 3,907,751.19GRAND TOTAL Total for Eng/PW WIRED PAYMENTS Total WIRED PAYMENTS Eng/PW ARCO BUSINESS SOLUTI FUEL FOR CITY FLEET MAY FY25-PW/EQM 6/5/2025 PY91636 6/5/2025 Payroll Total EFT PAYMENTS Total Payroll PY91634 6/4/2025 DEAN GAZZO ROISTACHE LEGAL SERVICES TO BE PROVIDED-WATERBUR 5/30/2025 Total for Risk DEAN GAZZO ROISTACHE LEGAL SERVICES TO BE PROVIDED-REYNOSO 5/30/2025 DEAN GAZZO ROISTACHE LEGAL SERVICES TO BE PROVIDED-UMANA 5/30/2025 DEAN GAZZO ROISTACHE LEGAL SERVICES TO BE PROVIDED-DARWISH 5/30/2025 DEAN GAZZO ROISTACHE LEGAL SERVICES TO BE PROVIDED-MARQUEZ 5/30/2025 Total for Police Risk DEAN GAZZO ROISTACHE LEGAL SERVICES TO BE PROVIDED-APAN 5/30/2025 T'S & SIGNS INC BPO T SHIRTS & SIGNS PRINTING PERSONALIZ 5/30/2025 T'S & SIGNS INC ACRYLIC BLK LETTERS, K9 LEGACY, WALL OF H 5/30/2025 ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 CREDI 5/30/2025 T'S & SIGNS INC BPO T SHIRTS & SIGNS PRINTING PERSONALIZ 5/30/2025 ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 5/30/2025 ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 5/30/2025 Total for Planning Police ACE UNIFORMS & ACCES UNIFORM AND ACCESSORIES FOR FY25 5/30/2025 Planning SMART SOURCE OF CALI MOP 63845 PLN BUSINESS CARDS 5/30/2025 9 Page 347 of 588 AGENDA REPORT Department: Planning Prepared by: Martin Reeder, AICP – Asst. Director of Community Development Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Interim City Manager SUBJECT: Continued Public Hearing - First Reading and Introduction of an Ordinance Amending Section 8.32.015 of the National City Municipal Code Related to the Keeping of Hen Chickens. RECOMMENDATION: Introduce the Ordinance Entitled: “An Ordinance of the City Council of the City of National City, California, Amending Section 8.32.015 ‘Restrictions on Keeping Certain Animals, Birds, and Reptiles’ of the National City Municipal Code Pertaining to the Allowance of Keeping Additional Hen Chickens.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: The City Council held a public hearing at their meeting of May 20, 2025 and continued the item to August 19, 2025 in order to receive additional information. EXPLANATION: The City Council directed staff to prepare an Ordinance related to the keeping of chickens in the City through the Policy 105 process. Section 8.32.015 of the Municipal Code (Restrictions on keeping certain animals, birds and reptiles.) currently limits the number of hen chickens as follows: A. It is unlawful to keep, possess or maintain any animal, bird or reptile not prohibited by Section 8.32.010, except as follows: 2. Any combination of the following classes of animals, not to exceed a total of twenty, with each class limited by a maximum of four adult rabbits, four chinchillas, four hen chickens, four turkeys, four ducks, four geese or twenty pigeons may be kept on any property zoned for single-family residential use that is greater than twenty thousand square feet in area. The numerical and physical limitations underlined above were incorporated into Chapter 8.32 in 2004, prior to which up to 12 hen1 chickens were permitted on properties zoned for single-family residential use. The reason for the revisions proposed at that time were intended to bolster regulations to enhance public health parameters by improving greater restrictions on the keeping of fowl, and minimize 1 NCMC 8.32.010 (A) (8) prohibits any rooster (male chicken) regardless of size or whether it has been surgically de-crowed. Page 348 of 588 the serious exposure to Newcastle disease, avian flu, and West Nile Virus (WNV). Since that time, the state of California has been declared free of [virulent] Newcastle disease. With regard to avian flu, while there was an outbreak in 2004, there has only been one reported case in 2025 (east county). West Nile Virus is an ongoing concern and can be found in all 58 counties in California, including San Diego County. According to the County’s Vector Control Program data, the last spike in WNV cases was in 2015 and 2016 (367 and 266 respectively). Cases between 2017 and 2024 have ranged between 0 and 43 (average of 8.75 cases annually). Previous spikes were noted in 2005 (162) and 2008 (563). With the increase in prices related to animal products, including chicken eggs, allowing additional hen chickens would allow residents to offset high egg prices by raising and harvesting chicken eggs at a higher rate than currently permitted. While there may be concerns related to avian- related diseases, those concerns are less of an issue than they were in 2004 when the Ordinance was last amended. At the May 20, 2025 public hearing, staff brought forward an Ordinance amendment allowing up to 12 hen chickens without a limitation on the lot size of single-family residential properties on which the chickens may be kept. Under discussion, staff was asked to look at other urban cities in the county with regard to their regulations in order to consider a more reasonable number. Staff looked at the cities of San Diego, Chula Vista, Lemon Grove, and La Mesa. Their regulations are summarized as follows: San Diego: five chickens (outside of all setbacks) / 15 chickens (outside of all required setbacks or 15 feet, whichever is greater) / 25 chickens (minimum of 50 feet from residential structures). Chula Vista: six chickens, minimum 7,000 square-foot lot size. Lemon Grove: one chicken per 1,000 square feet of lot area. La Mesa: no animal/poultry which emits loud or raucous cries. Based on previous discussion and concerns, staff is suggesting a minimum of six hen chickens be permitted, with a maximum of one chicken per one thousand feet of lot area, not to exceed 12. The attached Ordinance reflects this change. FINANCIAL STATEMENT: There would no fiscal impact to the City, as changes would not result in the need for additional permits or fees. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Health, Environment, and Sustainability 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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act ORDINANCE: First Reading EXHIBITS: Exhibit A – Strikethrough/underline Exhibit B – Ordinance Page 349 of 588 A. It is unlawful to keep, possess or maintain any animal, bird or reptile not prohibited by Section 8.32.010, except as follows: 2. Any combination of the following classes of animals, not to exceed a total of twenty, with each class limited by a maximum of four adult rabbits, four chinchillas, four hen chickens, four turkeys, four ducks, four geese or twenty pigeons may be kept on any property zoned for single-family residential use that is greater than twenty thousand square feet in area. One hen chicken per one thousand square feet of lot area, not to exceed twelve in total, may be kept on any property zoned for single-family residential use. Page 350 of 588 ORDINANCE NO. 2025 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING SECTION 8.32.015 RELATED TO THE KEEPING OF CERTAIN ANIMALS, BIRDS, AND REPTILES) OF THE NATIONAL CITY MUNICIPAL CODE 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, pursuant to published 10-day notices of the adoption of said ordinance, public hearings were held by the City Council on May 20, 2025 and August 19, 2025, and at said public hearings, all persons interested were given the opportunity to appear and be heard before the City Council; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. All protests, if any, against said amendment to the Municipal Code and each of them be and hereby are denied and overruled. Section 2. Section 8.32.015 A. 2. is hereby amended to read as follows: 8.32.015 - Restrictions on keeping certain animals, birds and reptiles. A. It is unlawful to keep, possess or maintain any animal, bird or reptile not prohibited by Section 8.32.010, except as follows: 2. Any combination of the following classes of animals, not to exceed a total of twenty, with each class limited by a maximum of four adult rabbits, four chinchillas, four turkeys, four ducks, four geese or twenty pigeons may be kept on any prop erty zoned for single-family residential use that is greater than twenty thousand square feet in area . One hen chicken per one thousand square feet of lot area, not to exceed twelve in total, may be kept on any property zoned for single-family residential use. Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section 4. 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. Page 351 of 588 INTRODUCED on this 19th day of August, 2025. PASSED and ADOPTED this _____ day of _________, 2025. __________________________ Ron Morrison, Mayor ATTEST: _____________________________ Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: _____________________________ Barry J. Schultz, City Attorney Page 352 of 588 AGENDA REPORT Department: Planning Prepared by: Martin Reeder, AICP – Acting Director of Community Development Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Interim City Manager SUBJECT: Public Hearing - First Reading and Introduction of an Ordinance Adding Chapter 6.30 (Short-Term Rentals) to the National City Municipal Code. RECOMMENDATION: Introduce the Ordinance Entitled, “An Ordinance of the City Council of the City of National City, California, Amending Title 6 (Business and Franchise Taxes) of the National City Municipal Code Adding Chapter 6.30 (Short-Term Rentals).” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Staff gave reports to the City Council in December 2024, April 2025, and June 2025 to receive input and direction on the creation of a Short-Term Rental (STR) Ordinance. The Council provided additional language requests and asked staff to return with an ordinance for introduction in August. Discussion at June 17, 2025 meeting At the last meeting when this topic was discussed, several additional points were raised that required follow up: Limitations on short-term rentals per Council District The number generally arrived upon was a maximum of 180 total short-term rental units permitted at one time. While this would generally equate to 45 per Council District, staff is suggesting a maximum of 60 (or one third of the maximum allowed) in any one district. This has been incorporated into the attached draft ordinance (6.30.030). Criminal background checks It was suggested that someone who has a criminal record related to prostitution or other serious crime be prohibited from operating a short-term rental. While the majority of landlords may get criminal background checks from their tenants prior to renting, it is not prevalent in short-term rental ordinances for other cities for the permittees themselves to require one. Regardless of a background check, a permittee must adhere to the operating standards of any permit regulations. If there are violations, citations and revocations would be a remedy. Revocation of a short-term rental permit requires a one year cooling off period prior to re-application. Permit costs in other jurisdictions Page 353 of 588 The permit costs vary greatly between jurisdictions. However, we have been looking at the cities of Chula Vista and Vista for purposes of comparison. Chula Vista charges $250 for a permit, plus $175 per year thereafter for renewal. Vista charges a flat fee of $250 per year. Bedroom storage requirements The definition was modified to allow for cabinet storage in lieu or in addition to a closet (6.30.020). Rentals not used for business purposes The requirement that short-term rentals be used only for residential purposes and not for any business purpose has been incorporated into the draft ordinance (6.30.080 M) Location of primary residence It was suggested that the permittee’s primary residence be in the City or within a quarter-mile of the short-term rental if outside the City. This has been incorporated into the draft ordinance (6.30.040 A) Number of total rental days per year Hosted short-term rentals are not limited in the amount of days that they be rented for. However, un-hosted short-term rentals are currently limited to 90 days per calendar year. This creates feasibility issues for property owners who are considering purchasing a property for purposes of operating a short-term rental. 90 days would mean that the property would sit vacant or be more likely to be used for non-sanctioned purposes. The only other option (other than the 90 days per calendar year) would be to switch from a short-term to long-term rental situation. This would be difficult to manage and unpredictable. However, the 90-day limitation would protect long-term rental housing more effectively. The limit on the maximum number of short-term rentals in the draft Ordinance is 180. Based on the City’s Transient Occupancy Tax rate of 10%, 180 rentals at an average of $500 per night (see additional discussion below) would equate to approximately $9,000 per day, or around $3.3 million annually. However, based on the suggested language limiting non-hosted short-term rentals to a maximum of 90 days rental per calendar year, the potential TOT revenue would be reduced by up to 75%. While public safety and neighborhood livability are paramount, ensuring that the program pays for itself and for impacts on City resources, it is suggested that one of these limitations be modified to increase revenue potential. It should be noted that a short-term rental property may be considered as a “hosted unit” even if the owner’s primary residence is on a separate property. However, in that case the primary residence must be immediately adjacent to the short-term rental property. There are current owners in the City that have multiple short-term rentals, most of which likely function without issue. However, these would only be able to continue if they are located next door to or behind (immediately adjacent to) the primary residence. Otherwise, they would be limited in the future to no more than 90 days per calendar year as a short-term rental. Long-term rentals (more than 30 days) would be permitted as they are currently, subject to appropriate permits. Long-term rentals do not generate Transient Occupancy Tax. Information Previously Presented Two other San Diego County cities with STR Ordinances have numerical limits on rental nights per year or maximum number of short-term units. Chula Vista limits the maximum number of rentals for non-hosted units to 90 days per year. Del Mar has an overall limit of 129 short-term rental permits, or 5% of its housing stock. 5% of National City’s housing stock would 885 units. There are no current regulations on STRs, which means that they are not technically permitted by our “permissive” Land Use Code. The only rentals regulated in the City are those of 30 days or more. While an exact number is hard to know, there are routinely 100-200 STRs shown in the Page 354 of 588 City as vacation rentals by owner, primarily on the Airbnb or VRBO platforms. Costs to rent are highly variable and range from $300 to $900 a night on weekends (April was used as a search parameter). Although ensuring compliance with the Municipal Code with regard to public safety is paramount, another issue is the missed opportunity to collect Transient Occupancy Tax (TOT), which is required for traditional hotel and motel room rentals. Other cities that have STR Ordinances require TOT payment, as well as conformance with other standards as discussed below. National City’s TOT is 10% of the room rental rate. If there were 100 units rented out at $500 a night, the resulting loss in TOT revenue would equate to around $5,000 a day, depending on seasonality and market demand. Of the 19 San Diego County jurisdictions (including the County), nine have STR regulations (Carlsbad, Chula Vista, Coronado, Del Mar, Encinitas, Oceanside, San Diego, Solana Beach, and Vista). Another six, while not having any specific STR regulations, allow STRs subject to normal rental property regulations (County, El Cajon, Escondido, Imperial Beach, La Mesa, and San Marcos). Four cities, including National City, do not regulate or permit STR’s (the others are Lemon Grove, Poway, and Santee). TOT in the County ranges from 8% to 14%. The average TOT in San Diego County is 10.3%. All but two cities collect TOT on STR’s. Because the majority of cities with STRs are beach cities with different populations, scenarios, and issues compared to National City, staff focused on the cities of Chula Vista and Vista, both of which have STR Ordinances and are similar in location or population. Both cities have basic requirements related to required permits, operating requirements, parking, payment of TOT, and maximum number of guests, as well as minimum stays (2 days) and transfer of licenses. Chula Vista differs in that they require a STR landlord to maintain a primary residence in the city and limits a permittee to two STR licenses. They also allow events (weddings, parties, fundraisers, etc.) at STRs subject to a special permit. Vista has a more streamlined Ordinance, but allows up to five STRs per permittee and does not allow any events at STRs. Staff has attempted suggesting a streamlined, yet robust Ordinance that is a hybrid of the two, as well as with additional regulations based on previous Council input. The next steps would generally be to discuss and introduce the Ordinance, adopt the Ordinance at a subsequent meeting, then implement the Ordinance. If this STR Ordinance is adopted, staff would then need to work with a vendor to implement a licensing and TOT collection program. Three vendors have been identified so far, whose services range anywhere from $10,000 to $15,000 annually, depending on services selected. FINANCIAL STATEMENT: Adoption of a Short-Term Rental Ordinance will generate Transit Occupancy Tax contributions to the General Fund through application of Short-Term Rental permits. Future license and monitoring costs are intended to be offset by permit fees. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Balanced Budget and Economic Development ENVIRONMENTAL REVIEW: This is not a project under CEQA, and is therefore, not subject to environmental review. CCR15378; PRC 21065. PUBLIC NOTIFICATION: The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act. Page 355 of 588 ORDINANCE: First Reading EXHIBIT: Exhibit A - Draft Chapter 6.30 – Short-Term Rentals Exhibit B – Draft Ordinance Page 356 of 588 Chapter 6.30 Short-Term Rentals Sections: 6.30.010 Purpose – Findings and Determinations 6.30.020 Definitions 6.30.030 Short-Term Rentals Allowed 6.30.040 Eligibility Requirements 6.30.050 Authorized Agent 6.30.060 Short-Term Rental Permit Requirements 6.30.070 Short-Term Rental Application and Issuance 6.30.080 Short-Term Rental Operating Requirements 6.30.090 Violations and Enforcement 6.30.100 Denial, Suspension and Revocation Section 6.30.010 Purpose - Findings and Determinations This chapter establishes short-term rental standards that: A. Prevent long-term rental units from being replaced with short-term rentals and protect affordable housing units from conversion. B. Preserve and protect neighborhood character and livability from nuisances that are often associated with short-term rentals, including: 1. Excessive noise 2. Disorderly conduct 3. Illegal parking 4. Overcrowding 5. Excessive accumulation of refuse C. Reduce the burden on City services. D. Generate City revenue to share infrastructure cost and other public expenditures by operation of short-term rentals under established standards through the collection and payment of transient occupancy taxes. This chapter is not intended to provide any owner of residential property with the right or privilege to violate any deed restrictions or private covenants, conditions and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property as a short-term rental as defined in this chapter. Section 6.30.020 Definitions “Agent" means a person designated by the owner in writing to act on the owner's behalf with respect to owner's short-term rental and compliance with this chapter. “Bedroom" means a private room intended for or capable of being used for sleeping purposes, separated from other rooms by a door, curtain or other entry way, having at least one window, a closet or cabinet storage space, and is accessible to a bathroom without crossing into another bedroom. Bedrooms exclude bathroom, kitchen, living room, and laundry areas. “Broker" means any person, including, but not limited to, on-line websites, on-line travel agencies, and on-line booking agents, that offers, lists, advertises, accepts reservations and/or collects whole or partial payment for a short-term rental. Page 357 of 588 “Director of Community Development” means the Director of Community Development of the City, or designee. “Hosted unit" means a short-term rental where the owner remains and resides onsite or on a property immediately adjacent to the short-term rental property during the short-term rental period (except during daytime and/or working hours). “Local Contact Person” means a Person designated by an Owner or an Agent, who, if designated to act as such, shall be available 24 hours per day, seven days per week for the purpose of: (1) being able to physically respond within one hour of notification of a complaint regarding the condition, operation or conduct of Occupants of the Dwelling, and (2) taking remedial action necessary to resolve any such complaints. A Local Contact Person may be the Owner or an Agent. “Non-hosted unit” means a short-term rental whereby the owner does not remain or reside on-site or on a property immediately adjacent to the short-term rental property during the short-term rental period. "Owner" means an owner of record of the real property that contains the short -term rental, as provided for in the property deed. “Primary Residence” means a Person’s permanent residence or usual place of return for housing as documented by at least two of the following: motor vehicle registration; driver’s license; voter registration; tax documents showing the residential unit as the Person’s residence; or a utility bill. A Person may have only one Primary Residence and must reside there for a minimum of 275 days during the calendar year. For properties with two or more existing legally permitted Dwelling Units (e.g., a duplex), the term “Primary Residence” shall apply individually to each unit that meets the criteria previously described. Accessory Dwelling Units or Junior Accessory Dwelling Units for which a construction permit was applied for prior to January 1, 2020, and any other accessory habitable structures that are located on a Short-Term Rental Property and do not meet the criteria previously described shall be considered part of the primary single-family residence for purposes of this chapter. “Short-Term Rental” is defined as the rental of any legally permitted dwelling unit or any portion of any legally permitted dwelling unit, including detached single-family residences, guesthouses, condominiums, duplexes, townhomes and multiple-family dwellings, for occupancy for dwelling, lodging or sleeping purposes for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Short-term rentals exclude the following: any Accessory Dwelling Unit permitted under Chapter 18.30.380; any Junior Accessory Dwelling Unit permitted under Chapter 18.30.390 of the Municipal Code; and any recreational vehicle as defined in Chapter 18.60 of the Municipal Code. Section 6.30.030 Short-Term Rentals Allowed Short-term rentals that comply with all requirements of this chapter are allowed in zones and Specific Plans in the City that permit residential uses. A maximum of 180 short-term rental units shall be permitted in the City with no more than 60 such units being located per designated City Council District. Section 6.30.040 Eligibility Requirements Page 358 of 588 The following requirements must be met at the time of submitting an application for a permit to operate a Short-Term Rental: A. The Applicant’s Primary Residence must be located in the City, or within a quarter-mile of the short-term rental if located outside the City. B. The Dwelling Unit shall not be an Accessory Dwelling Unit (ADU) or a Junior Accessory Dwelling Unit (JADU) for which a construction permit was applied for on January 1, 2020, or later. C. The Dwelling Unit shall not be a deed-restricted affordable housing unit, in a special group residence, or a single-room occupancy. D. A Long-Term Tenant (greater than 30 days) shall not operate a Short-Term Rental without prior written approval of the Owner, such written approval to be provided to the City at the time of application for a Short-Term Rental Permit. An Owner may proactively prohibit Short-Term Rental subletting by tenants at any or all of their owned properties by submitting a notification in writing to the Community Development Department. E. The Applicant shall not have been subject to a Short-Term Rental Permit revocation during the previous 24-month period. G. An Applicant may not hold a Short-Term Rental Permit for more than one Nonprimary Residence Short-Term Rental at any given time. Section 6.30.050 Authorized Agent A. An owner may in writing authorize an agent to comply with the requirements of this chapter on their behalf. The agent shall submit a copy of the authorization to the City during the permit and permit renewal application process. B. Notwithstanding Subsection A above, the owner shall not be relieved from any personal liability for noncompliance with this chapter, regardless of whether such noncompliance was caused, allowed or permitted by the owner's agent or the occupants or guests of the owner's short-term rental. Section 6.30.060 Short-Term Rental Permit Requirements Prior to renting or advertising the availability of a short -term rental, the owner or their agent shall obtain: (1) a business license pursuant to Chapter 6.04 of this Code; (2) a transient occupancy registration certificate pursuant to Chapter 4.32 of this Code; and (3) a short -term rental permit pursuant to this chapter. Section 6.30.070 Short-Term Rental Permit Application and Issuance A. Contents of Permit Application. Owners or their agent shall submit a short-term rental permit application to the City for each short-term rental unit. The permit application shall be submitted on a City-approved form that requires the following information: 1. If applicable, owner's written authorization of agent(s). 2. Legal name, address and telephone number of all owner(s), agent(s), broker(s) for the short-term rental and the 24-hour, seven-day per week local contact person. 3. The address and assessor's parcel number of the property proposed to operate as a short-term rental. 4. The number of bedrooms within the short-term rental. 5. The number of existing on-site parking spaces designated for the exclusive use of the short-term rental. 6. Whether the short-term rental is a "hosted unit" or a "non-hosted unit". Page 359 of 588 7. The number of fire extinguishers and smoke and carbon monoxide alarms at the short-term rental property, and a self-certification of compliance with the Fire Code, subject to review and approval by the City's Fire Marshal. 8. Copy of any application and all other forms that renters of the short -term rental will be required to complete. 9. Copy of the owner's rules and regulations for the short-term rental. 10. Signed statement acknowledging all of the following: (a) all of the information contained in the short-term rental permit application is true and correct; (b) all owner(s)/agent(s), and the designated local contact person, are familiar with the requirements of this chapter; (c) all owner(s)/agent(s), and the designated local contact person, are responsible for ensuring compliance with this chapter; and (d) failure to comply with this chapter and all applicable provisions of this Code may result in suspension and/or revocation of a short- term rental permit. 11. Such other standardized information as the City Manager, or designee, deems reasonably necessary to administer this chapter. B. Application Signatories. All owners listed on the property deed are required to sign the short-term rental permit application. Signatures of non-corporeal owners, such as partnerships and corporations, shall be made by the entity's duly authorized agent(s) or such individual(s) otherwise permitted by law to sign on the entity's behalf. C. Permit Fee. A short-term rental permit fee has been established by resolution of the City Council and shall be paid in conjunction with initial and renewal applications. The fee is nonrefundable. D. Granting of Permit and Renewal. The City shall grant or renew a permit if the application meets the requirements of this section and there are no grounds for denial pursuant to section 6.30.090.B. Short-term rental permits are valid for one year or per an approved multi- year agreement and shall be renewed in coordination with business license renewals. E. Change of Ownership. Permits only apply to the person(s) named on the application and are non-transferable. Within 14 calendar days of a material change in the property ownership or substitution of listed agent(s), a new application for a short -term rental permit shall be submitted with the required application fee. F. Short-term rentals are subject to the provisions of Chapter 4.32 of this Code regarding the collection and remittance of Transient Occupancy Tax (TOT). Failure to comply with these provisions may result in revocation of a short-term rental permit pursuant to section 6.30.090.C. A broker that collects any revenue from arranging or listing a short-term rental location in the City has primary responsibility for collecting, paying and transmitting all TOT due to the City pursuant to Chapter 4.32 of this Code. G. False Statements. Any false statements or information provided in the application are grounds for denial of a short-term rental permit pursuant to section 6.30.090.C, or if the permit has already been issued by the City, permit revocation or imposition of penalties. H. Indemnification. By accepting a short-term rental permit, the permittee agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from any and all liability arising out of the actions permitted by such permit, and agrees to pay on behalf of the City all claims, damages, judgments, legal and court costs, adjuster fees and attorney fees related thereto. Section 6.30.080 Short-Term Rental Operating Requirements The use and occupancy of short-term rentals shall comply with the following operating requirements. For purposes of this section, "responsible person" shall mean the owner(s) and agent(s) listed in the permit application for the short-term rental: Page 360 of 588 A. Compliance with Laws. The responsible person shall comply with all applicable provisions of this Code, and all other federal, state, and local laws, rules, and regulations. B. Public Nuisance Prohibited. The responsible person shall not cause, allow or permit the use or occupancy of the short-term rental to create a public nuisance, including, but not limited to, unruly gatherings or raucous noise. "Raucous noise" includes yelling, screaming, shouting, or making other disturbing noises, including noise violations as identified in Title 12 of this Code, which unreasonably interfere with the peace and quiet of nearby residents or members of the public. "Unruly gathering" includes, but is not limited to, gatherings of occupants and/or guests at a short-term rental that exceed the number permitted on the short-term rental permit and gatherings of occupants and/or guests engaging in disorderly conduct that disturbs the public peace. The responsible person shall immediately abate any public nuisances caused by the use or occupancy or the short-term rental. C. Noise Violations Prohibited. The responsible person shall not cause, allow or permit the emission or transmission of any noise violation as identified in Title 12 of this Code at a short-term rental, including from any sound-making equipment or sound-amplifying device. D. Permitted Occupancy. The responsible person shall limit overnight occupancy of the short-term rental to a specific number of occupants not to exceed two persons per bedroom or studio plus one additional person per dwelling unit. E. Parking. The responsible person shall limit the number of vehicles at the short- term rental to the number of parking spaces designated in the short-term rental permit. All on- site parking spaces designated for occupant use in the permit shall be made available for the vehicles of occupants. Occupants shall avoid street parking and vehicles shall not impede access to sidewalks and adjoining neighboring properties or driveways. Vehicles shall not park in designated fire lanes. Parking of motor vehicles, trailers and recreational vehicles by occupants shall comply with Section 7.20.140 of this Code. F. Trash and Refuse. Trash and refuse shall not be left or stored within public view except at a location that is designated for collection from sunset on the day prior to trash pick- up until up to midnight on the day designated for trash pick-up. All trash shall be in approved receptacles pursuant to Chapter 7.10 of this Code and comply with Section 7.14.100 of this Code. G. Rental Agreements. Information on the permitted occupancy, parking capacity, and trash disposal requirements of the short-term rental, and the requirements of this chapter, shall be stated in the rental information and agreement provided to prospective renters, prior to their occupancy of the short-term rental. Renters shall agree in writing to follow the provisions of this chapter that apply to use and occupancy of a short-term rental. H. Open Burning, Recreational Fires, and Portable Outdoor Fireplaces. Bonfires and Recreational Fires are strictly prohibited within the City limits. I. Grills and Barbeques. Grills and barbeques are not permitted beneath a potentially flammable source, including, but not limited to, trees, umbrellas, decks, or other appurtenant structures, and shall be at least 10 feet away from structures and any flammable materials. Charcoal grills of any type are strictly prohibited. J. No Roof Access. The responsible person shall not cause, permit or allow occupants to have roof access to the short-term rental. This prohibition does not include permitted roof decks. K. Life/Safety Compliance. The short-term rental property shall meet basic life/safety requirements under applicable laws such as the California Health & Safety Code and City-adopted building and fire codes. Minimum operating requirements include, but are not limited to, operable smoke and carbon monoxide alarms, fire extinguisher, and first aid kit. L. Inspections. Regardless of the time of day, the responsible person shall permit the City to inspect the short-term rental and property in response to any complaint received by Page 361 of 588 the City, for the purpose of making a reasonable inspection to observe and enforce compliance with all applicable laws, rules and regulations, including the provisions of this chapter. M. No Subletting. The subletting of a short-term rental is prohibited. Only the person with a valid short-term rental permit issued by the City is permitted to advertise and rent out a property as a short-term rental. N. No short-term rental shall be used by any tenant for business purposes of any kind. Short-term rentals shall be used for residential purposes only. O. Special Events and Temporary Uses Prohibited. Special events and temporary uses such as weddings, corporate events, commercial functions, and any other similar events that have the potential to cause traffic, parking, noise, or other adverse impacts in the neighborhood are prohibited at the short-term rental property or as a component of short-term rental activities. P. No Commercial Filming. No commercial filming may occur at the short-term rental property concurrently with an active short-term rental permit. Q. Permitted Guest Hours. The designated short-term rental occupants may host guests at the short-term rental during the hours of 10:00 a.m. to 9:00 p.m. daily. R. Advertisements. It is unlawful for any person or entity to advertise a short-term rental in the City without a valid and current permit issued by the City. All advertisements for a property operating with a valid short-term rental permit, including those advertisements posted on or by hosting platform sites, shall include the short-term rental permit number provided by the City, the maximum number of occupants permitted to stay in the unit, and the maximum number of vehicles permitted to be parked at the short-term rental. S. Hosted units may be used as a short-term rental for an unlimited number of days during the calendar year. T. Non-hosted units may be used as a short-term rental for no more than 90 days per calendar year. U. Minimum Night Stay. Non-hosted units shall have a minimum night stay of two consecutive nights. This provision does not apply to hosted units or to short -term rentals in multi-family residential dwellings. V. Interior Display of Short-Term Rental Permit. During the period of short-term rental operation, the responsible person shall affix a display on the inside of the main entry door of the short-term rental that includes: (1) the short-term rental permit that applies to the unit; (2) the maximum number of overnight occupants permitted to stay in the unit; (3) the maximum number of vehicles; and a (4) 24-hour, seven-day per week local phone number of the local contact person. W. Exterior Complaint Phone Number Display. During the period of short-term rental operation, the responsible person shall affix a display on a front window of the short-term rental that includes: (1) a 24-hour, seven-day per week local phone number of a designated contact to take complaints regarding the unit; (2) the number of bedrooms; (3) maximum number of occupants permitted to stay in the unit; and (4) the maximum number of vehicles. X. The Response Requirements. The responsible person shall, upon notification that occupants or guests of their short-term rental have violated provisions of this chapter or other applicable federal, state or local laws, rules, or regulations, prevent a recurrence of such conduct by those occupants or guests and shall respond to the notification of violations as soon as practically possible, but within 1 hour at the latest. Failure to timely respond to complaints may result in enforcement pursuant to section 6.30.080.C. Y. Good Neighbor Handout. Each Short-Term Rental shall post a Good Neighbor Handout inside the permitted premises in close proximity to an entry point that includes emergency contact information for the Permittee and the Local Contact Person (if different). T he Good Neighbor Handout shall also provide information about parking restrictions, restrictions on noise and amplified sound, trash collection schedule, fire evacuation routes, and any other information, as required by Page 362 of 588 the Director of Community Development, applicable to the Short-Term Rental and the surrounding neighborhood. Z. Good Neighbor Letter. Within one week following (1) the issuance of a Short-Term Rental Permit, (2) the issuance of a renewal permit, and/or (3) the approval of a transfer application, the Permittee shall mail or personally deliver in writing a Good Neighbor Letter, in a form authorized by the Director of Community Development to the Owners and Occupants of properties located on all sides of and directly across the street (or alley or other right-of-way) from the Short-Term Rental Property. Thereafter, within 30 days of occurrence of any of the events described in (1), (2) or (3), the Permittee shall sign under penalty of perjury, and submit to the Director of Community Development, a certification that the required mailing or delivery was completed. If at any time during the term of a Short-Term Rental Permit, the Good Neighbor Letter information for the Permittee or Local Contact Person changes, the Permittee shall mail or personally deliver in writing within one week an updated Good Neighbor Letter to the Owners and Occupants of properties located on all sides of and directly across the street (or alley or other right-of-way) from the Short-Term Rental Property to maintain accuracy and shall also promptly submit to the Director of Community Development a signed under penalty of perjury certification that the required mailing or delivery of the updated information was completed. AA. Quiet Time From 10:00 p.m. to 9:00 a.m. The hours between 10:00 p.m. and 9:00 a.m. are considered to be “quiet time,” so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a Short-Term Rental Property or cause discomfort or annoyance to any reasonable Person of normal sensitivity residing in the area. It shall constitute a major violation if any Occupants engage in outdoor activities on a Short-Term Rental Property between the hours of 10:00 p.m. and 9:00 a.m. that involve the use of fire pits, barbecues, swimming pools, hot tubs, spas, tennis or paddleball courts, or other similar and related improvements or play equipment, or if any Occupants engage in outdoor parties, outdoor singing, shouting, clapping or other activities generally associated with partying or if Occupants engage in any outdoor drunk or disorderly conduct during those hours. Any other outdoor conduct between the hours of 10:00 p.m. and 9:00 a.m. that disturbs the peace and quiet of the neighborhood adjacent to a Short-Term Rental Property, or causes discomfort or annoyance to any reasonable Person of normal sensitivity residing in the area, shall constitute a minor violation. It is not a violation for an Occupant to merely be out of doors during quiet time hours, so long as there is no conduct that disturbs the peace and quiet of the neighborhood adjacent to a Short-Term Rental Property or causes discomfort or annoyance to any reasonable Person of normal sensitivity residing in the area. The Permittee shall post signs of a size, type and at a location (or locations) acceptable to the Director of Community Development near all doors leading to the exterior of a Short-Term Rental Unit, advising Occupants of “quiet time.” BB. No-Fault Evictions. A property containing a unit with a no-fault eviction may not operate a short-term rental for five years from the date of the eviction unless it is a single -family home that has been vacated for purposes of owner occupancy. Section 6.30.090 Violations, Enforcement and Penalties A. Any person violating any of the provisions of this chapter shall be subject to enforcement procedures pursuant to Chapter 1.44 of this Code and any other enforcement mechanism available to the City, including revocation of the short-term rental permit pursuant to section 6.30.090.C. B. Any short-term rental that is operating in violation of this chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation pursuant to Chapter 1.36 of this Code. C. Notwithstanding Section 1.44.050 of this Code, t he following penalties apply to administrative citations issued for violations of this chapter: Page 363 of 588 1. For a first administrative citation, a fine not exceeding $500 per violation of each provision of this chapter. 2. For a second administrative citation within one year of the first citation, a fine not exceeding $1,000 per violation of each provision of this chapter. 3. For a third or subsequent administrative citation within one year of the first citation, a fine not exceeding $1,500 per violation of each provision of this chapter. Section 6.30.100 Denial, Suspension and Revocation A. Denial, Suspension or Revocation. In addition to any other remedy provided by this chapter, a short-term rental permit may be denied, suspended, or revoked by the City Manager, or designee, pursuant to this section. B. Grounds for Denial or Suspension. A short-term rental permit may be denied or immediately suspended if any of the following grounds exist: 1. The application or renewal application for the short-term rental permit does not comply with all the requirements of section 6.30.060. 2. A material misrepresentation, false or misleading information was included on the application or renewal application for the short-term rental permit. 3. An authorized official has cited the short-term rental property for health or safety violation(s) and such violation(s) remain outstanding. 4. The use or occupancy of the short-term rental property has been cited by an authorized official for felony violation(s) and criminal prosecution is pending. 5. A delinquency in the payment of any outstanding fees, assessments or taxes owed to the City related to the short -term rental property, including, but not limited to, Transient Occupancy Taxes (TOT). C. Revocation of Permit. If a third administrative citation is issued for vio lation(s) of this chapter at a short-term rental within a one-year period, the City shall revoke the short-term rental permit upon a determination that the violation(s) alleged in the third citation has occurred. Notwithstanding the foregoing, the City shall immediately revoke the short-term rental permit upon final determination that a felony violation relating to the use or occupancy of the short - term rental property has occurred. D. Appeal of Denial, Suspension or Revocation. Any denial, suspension or revocation of a short-term rental permit shall be made by the City in writing and is subject to the appeal procedures set forth in Section 6.04.160 of this Code. E. Prohibited Operations. If a short-term rental permit is revoked pursuant to this section, a short-term rental shall not be operated at the property for a period of 12 months from the date of such revocation unless the property has been sold and the new owner can demonstrate to the City that a change of property ownership occurred during that time period. Page 364 of 588 ORDINANCE NO. 2025 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING TITLE 6 (BUSINESS AND FRANCHISE TAXES) OF THE NATIONAL CITY MUNICIPAL CODE ADDING CHAPTER 6.30 (SHORT-TERM RENTALS) 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, pursuant to a published 10-day notice of the adoption of said ordinance, a public hearing was held by the City Council on August 19, 2025, and at said public hearing, all persons interested were given the opportunity to appear and be heard before the City Council; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES ORDAIN AS FOLLOWS: Section 1. All protests, if any, against said amendment to the Municipal Code and each of them be and hereby are denied and overruled. Section 2. Section 6.30 is hereby added to read as follows: Chapter 6.30 Short-Term Rentals Sections: 6.30.010 Purpose – Findings and Determinations 6.30.020 Definitions 6.30.030 Short-Term Rentals Allowed 6.30.040 Eligibility Requirements 6.30.050 Authorized Agent 6.30.060 Short-Term Rental Permit Requirements 6.30.070 Short-Term Rental Application and Issuance 6.30.080 Short-Term Rental Operating Requirements 6.30.090 Violations and Enforcement 6.30.100 Denial, Suspension and Revocation Page 365 of 588 Section 6.30.010 Purpose - Findings and Determinations This chapter establishes short-term rental standards that: A. Prevent long-term rental units from being replaced with short-term rentals and protect affordable housing units from conversion. B. Preserve and protect neighborhood character and livability from nuisances that are often associated with short-term rentals, including: 1. Excessive noise 2. Disorderly conduct 3. Illegal parking 4. Overcrowding 5. Excessive accumulation of refuse C. Reduce the burden on City services. D. Generate City revenue to share infrastructure cost and other public expenditures by operation of short-term rentals under established standards through the collection and payment of transient occupancy taxes. This chapter is not intended to provide any owner of residential property with the right or privilege to violate any deed restrictions or private covenants, conditions and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property as a short-term rental as defined in this chapter. Section 6.30.020 Definitions “Agent" means a person designated by the owner in writing to act on the owner's behalf with respect to owner's short-term rental and compliance with this chapter. “Bedroom" means a private room intended for or capable of being used for sleeping purposes, separated from other rooms by a door, curtain or other entry way, having at least one window, a closet or cabinet storage space, and is accessible to a bathroom without crossing into another bedroom. Bedrooms exclude bathroom, kitchen, living room, and laundry areas. “Broker" means any person, including, but not limited to, on-line websites, on-line travel agencies, and on-line booking agents, that offers, lists, advertises, accepts reservations and/or collects whole or partial payment for a short-term rental. “Director of Community Development” means the Director of Community Development of the City, or designee. “Hosted unit" means a short-term rental where the owner remains and resides onsite or on a property immediately adjacent to the short-term rental property during the short-term rental period (except during daytime and/or working hours). “Local Contact Person” means a Person designated by an Owner or an Agent, who, if designated to act as such, shall be available 24 hours per day, seven days per week for the purpose of: (1) being able to physically respond within one hour of notification of a complaint regarding the condition, operation or conduct of Occupants of the Dwelling, and (2) taking Page 366 of 588 remedial action necessary to resolve any such complaints. A Local Contact Person may be the Owner or an Agent. “Non-hosted unit” means a short-term rental whereby the owner does not remain or reside on-site or on a property immediately adjacent to the short-term rental property during the short-term rental period. "Owner" means an owner of record of the real property that contains the short -term rental, as provided for in the property deed. “Primary Residence” means a Person’s permanent residence or usual place of return for housing as documented by at least two of the following: motor vehicle registration; driver’s license; voter registration; tax documents showing the residential unit as the Person’s residence; or a utility bill. A Person may have only one Primary Residence and must reside there for a minimum of 275 days during the calendar year. For properties with two or more existing legally permitted Dwelling Units (e.g., a duplex), the term “Primary Residence” shall apply individually to each unit that meets the criteria previously described. Accessory Dwelling Units or Junior Accessory Dwelling Units for which a construction permit was applied for prior to January 1, 2020, and any other accessory habitable structures that are located on a Short-Term Rental Property and do not meet the criteria previously described shall be considered part of the primary single-family residence for purposes of this chapter. “Short-Term Rental” is defined as the rental of any legally permitted dwelling unit or any portion of any legally permitted dwelling unit, including detached single -family residences, guesthouses, condominiums, duplexes, townhomes and multiple -family dwellings, for occupancy for dwelling, lodging or sleeping purposes for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Short - term rentals exclude the following: any Accessory Dwelling Unit permitted under Chapter 18.30.380; any Junior Accessory Dwelling Unit permitted under Chapter 18.30.390 of the Municipal Code; and any recreational vehicle as defined in Chapter 18.60 of the Municipal Code. Section 6.30.030 Short-Term Rentals Allowed Short-term rentals that comply with all requirements of this chapter are allowed in zones and Specific Plans in the City that permit residential uses. A maximum of 180 short-term rental units shall be permitted in the City with no more than 60 such units being located per designated City Council District. Section 6.30.040 Eligibility Requirements The following requirements must be met at the time of submitting an application for a permit to operate a Short-Term Rental: A. The Applicant’s Primary Residence must be located in the City, or within a quarter- mile of the short-term rental if located outside the City. B. The Dwelling Unit shall not be an Accessory Dwelling Unit (ADU) or a Junior Accessory Dwelling Unit (JADU) for which a construction permit was applied for on January 1, 2020, or later. C. The Dwelling Unit shall not be a deed-restricted affordable housing unit, in a special group residence, or a single-room occupancy. Page 367 of 588 D. A Long-Term Tenant (greater than 30 days) shall not operate a Short-Term Rental without prior written approval of the Owner, such written approval to be provided to the City at the time of application for a Short-Term Rental Permit. An Owner may proactively prohibit Short-Term Rental subletting by tenants at any or all of their owned properties by submitting a notification in writing to the Community Development Department. E. The Applicant shall not have been subject to a Short-Term Rental Permit revocation during the previous 24-month period. G. An Applicant may not hold a Short-Term Rental Permit for more than one Nonprimary Residence Short-Term Rental at any given time. Section 6.30.050 Authorized Agent A. An owner may in writing authorize an agent to comply with the requirements of this chapter on their behalf. The agent shall submit a copy of the authorization to the City during the permit and permit renewal application process. B. Notwithstanding Subsection A above, the owner shall not be relieved from any personal liability for noncompliance with this chapter, regardless of whether such noncompliance was caused, allowed or permitted by the owner's agent or the occupants or guests of the owner's short-term rental. Section 6.30.060 Short-Term Rental Permit Requirements Prior to renting or advertising the availability of a short-term rental, the owner or their agent shall obtain: (1) a business license pursuant to Chapter 6.04 of this Code; (2) a transient occupancy registration certificate pursuant to Chapter 4.32 of this Code; and (3) a short-term rental permit pursuant to this chapter. Section 6.30.070 Short-Term Rental Permit Application and Issuance A. Contents of Permit Application. Owners or their agent shall submit a short- term rental permit application to the City for each short-term rental unit. The permit application shall be submitted on a City-approved form that requires the following information: 1. If applicable, owner's written authorization of agent(s). 2. Legal name, address and telephone number of all owner(s), agent(s), broker(s) for the short-term rental and the 24-hour, seven-day per week local contact person. 3. The address and assessor's parcel number of the property proposed to operate as a short-term rental. 4. The number of bedrooms within the short-term rental. 5. The number of existing on-site parking spaces designated for the exclusive use of the short-term rental. 6. Whether the short-term rental is a "hosted unit" or a "non-hosted unit". 7. The number of fire extinguishers and smoke and carbon monoxide alarms at the short-term rental property, and a self-certification of compliance with the Fire Code, subject to review and approval by the City's Fire Marshal. 8. Copy of any application and all other forms that renters of the short- term rental will be required to complete. 9. Copy of the owner's rules and regulations for the short-term rental. 10. Signed statement acknowledging all of the following: (a) all of the information contained in the short-term rental permit application is true and correct; (b) all owner(s)/agent(s), and the designated local contact person, are familiar with the Page 368 of 588 requirements of this chapter; (c) all owner(s)/agent(s), and the designated local contact person, are responsible for ensuring compliance with this chapter; and (d) failure to comply with this chapter and all applicable provisions of this Code may result in suspension and/or revocation of a short-term rental permit. 11. Such other standardized information as the City Manager, or designee, deems reasonably necessary to administer this chapter. B. Application Signatories. All owners listed on the property deed are required to sign the short-term rental permit application. Signatures of non-corporeal owners, such as partnerships and corporations, shall be made by the entity's duly authorized agent(s) or such individual(s) otherwise permitted by law to sign on the entity's behalf. C. Permit Fee. A short-term rental permit fee has been established by resolution of the City Council and shall be paid in conjunction with initial and renewal applications. The fee is nonrefundable. D. Granting of Permit and Renewal. The City shall grant or renew a permit if the application meets the requirements of this section and there are no grounds for denial pursuant to section 6.30.090.B. Short-term rental permits are valid for one year or per an approved multi-year agreement and shall be renewed in coordination with business license renewals. E. Change of Ownership. Permits only apply to the person(s) named on the application and are non-transferable. Within 14 calendar days of a material change in the property ownership or substitution of listed agent(s), a new application for a short-term rental permit shall be submitted with the required application fee. F. Short-term rentals are subject to the provisions of Chapter 4.32 of this Code regarding the collection and remittance of Transient Occupancy Tax (TOT). Failure to comply with these provisions may result in revocation of a short-term rental permit pursuant to section 6.30.090.C. A broker that collects any revenue from arranging or listing a short- term rental location in the City has primary responsibility for collecting, paying and transmitting all TOT due to the City pursuant to Chapter 4.32 of this Code. G. False Statements. Any false statements or information provided in the application are grounds for denial of a short-term rental permit pursuant to section 6.30.090.C, or if the permit has already been issued by the City, permit revocation or imposition of penalties. H. Indemnification. By accepting a short-term rental permit, the permittee agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from any and all liability arising out of the actions permitted by such permit, and agrees to pay on behalf of the City all claims, damages, judgments, legal and court costs, adjuster fees and attorney fees related thereto. Section 6.30.080 Short-Term Rental Operating Requirements The use and occupancy of short-term rentals shall comply with the following operating requirements. For purposes of this section, "responsible person" shall mean the owner(s) and agent(s) listed in the permit application for the short-term rental: A. Compliance with Laws. The responsible person shall comply with all applicable provisions of this Code, and all other federal, state, and local laws, rules, and regulations. B. Public Nuisance Prohibited. The responsible person shall not cause, allow or permit the use or occupancy of the short-term rental to create a public nuisance, including, but not limited to, unruly gatherings or raucous noise. "Raucous noise" includes yelling, screaming, shouting, or making other disturbing noises, including noise violations as identified in Title 12 of this Code, which unreasonably interfere with the peace and quiet of nearby residents or members of the public. "Unruly gathering" includes, but is not limited to, Page 369 of 588 gatherings of occupants and/or guests at a short-term rental that exceed the number permitted on the short-term rental permit and gatherings of occupants and/or guests engaging in disorderly conduct that disturbs the public peace. The responsible person shall immediately abate any public nuisances caused by the use or occupancy or the short -term rental. C. Noise Violations Prohibited. The responsible person shall not cause, allow or permit the emission or transmission of any noise violation as identified in Title 12 of this Code at a short-term rental, including from any sound-making equipment or sound-amplifying device. D. Permitted Occupancy. The responsible person shall limit overnight occupancy of the short-term rental to a specific number of occupants not to exceed two persons per bedroom or studio plus one additional person per dwelling unit. E. Parking. The responsible person shall limit the number of vehicles at the short- term rental to the number of parking spaces designated in the short-term rental permit. All on- site parking spaces designated for occupant use in the permit shall be made available for the vehicles of occupants. Occupants shall avoid street parking and vehicles shall not impede access to sidewalks and adjoining neighboring properties or driveways. Vehicles shall not park in designated fire lanes. Parking of motor vehicles, trailers and recreational vehicles by occupants shall comply with Section 7.20.140 of this Code. F. Trash and Refuse. Trash and refuse shall not be left or stored within public view except at a location that is designated for collection from sunset on the day prior to trash pick-up until up to midnight on the day designated for trash pick-up. All trash shall be in approved receptacles pursuant to Chapter 7.10 of this Code and comply with Section 7.14.100 of this Code. G. Rental Agreements. Information on the permitted occupancy, parking capacity, and trash disposal requirements of the short-term rental, and the requirements of this chapter, shall be stated in the rental information and agreement provided to prospective renters, prior to their occupancy of the short-term rental. Renters shall agree in writing to follow the provisions of this chapter that apply to use and occupancy of a short-term rental. H. Open Burning, Recreational Fires, and Portable Outdoor Fireplaces. Bonfires and Recreational Fires are strictly prohibited within the City limits. I. Grills and Barbeques. Grills and barbeques are not permitted beneath a potentially flammable source, including, but not limited to, trees, umbrellas, decks, or other appurtenant structures, and shall be at least 10 feet away from structures and any flammable materials. Charcoal grills of any type are strictly prohibited. J. No Roof Access. The responsible person shall not cause, permit or allow occupants to have roof access to the short-term rental. This prohibition does not include permitted roof decks. K. Life/Safety Compliance. The short-term rental property shall meet basic life/safety requirements under applicable laws such as the California Health & Safety Code and City-adopted building and fire codes. Minimum operating requirements include, but are not limited to, operable smoke and carbon monoxide alarms, fire extinguisher, and first aid kit. L. Inspections. Regardless of the time of day, the responsible person shall permit the City to inspect the short-term rental and property in response to any complaint received by the City, for the purpose of making a reasonable inspection to observe and enforce compliance with all applicable laws, rules and regulations, including the provisions of this chapter. M. No Subletting. The subletting of a short-term rental is prohibited. Only the person with a valid short-term rental permit issued by the City is permitted to advertise and rent out a property as a short-term rental. Page 370 of 588 N. No short-term rental shall be used by any tenant for business purposes of any kind. Short-term rentals shall be used for residential purposes only. O. Special Events and Temporary Uses Prohibited. Special events and temporary uses such as weddings, corporate events, commercial functions, and any other similar events that have the potential to cause traffic, parking, noise, or other adverse impacts in the neighborhood are prohibited at the short-term rental property or as a component of short-term rental activities. P. No Commercial Filming. No commercial filming may occur at the short -term rental property concurrently with an active short-term rental permit. Q. Permitted Guest Hours. The designated short-term rental occupants may host guests at the short-term rental during the hours of 10:00 a.m. to 9:00 p.m. daily. R. Advertisements. It is unlawful for any person or entity to advertise a short-term rental in the City without a valid and current permit issued by the City. All advertisements for a property operating with a valid short-term rental permit, including those advertisements posted on or by hosting platform sites, shall include the short-term rental permit number provided by the City, the maximum number of occupants permitted to stay in the unit, and the maximum number of vehicles permitted to be parked at the short-term rental. S. Hosted units may be used as a short-term rental for an unlimited number of days during the calendar year. T. Non-hosted units may be used as a short-term rental for no more than 90 days per calendar year. U. Minimum Night Stay. Non-hosted units shall have a minimum night stay of two consecutive nights. This provision does not apply to hosted units or to short -term rentals in multi-family residential dwellings. V. Interior Display of Short-Term Rental Permit. During the period of short-term rental operation, the responsible person shall affix a display on the inside of the main entry door of the short-term rental that includes: (1) the short-term rental permit that applies to the unit; (2) the maximum number of overnight occupants permitted to stay in the unit; (3) the maximum number of vehicles; and a (4) 24-hour, seven-day per week local phone number of the local contact person. W. Exterior Complaint Phone Number Display. During the period of short-term rental operation, the responsible person shall affix a display on a front window of the short- term rental that includes: (1) a 24-hour, seven-day per week local phone number of a designated contact to take complaints regarding the unit; (2) the number of bedrooms; (3) maximum number of occupants permitted to stay in the unit; and (4) the maximum number of vehicles. X. The Response Requirements. The responsible person shall, upon notification that occupants or guests of their short-term rental have violated provisions of this chapter or other applicable federal, state or local laws, rules, or regulations, prevent a recurrence of such conduct by those occupants or guests and shall respond to the notification of violations as soon as practically possible, but within 1 hour at the latest. Failure to timely respond to complaints may result in enforcement pursuant to section 6.30.080.C. Y. Good Neighbor Handout. Each Short-Term Rental shall post a Good Neighbor Handout inside the permitted premises in close proximity to an entry point that includes emergency contact information for the Permittee and the Local Contact Person (if different). The Good Neighbor Handout shall also provide information about parking restrictions, restrictions on noise and amplified sound, trash collection schedule, fire evacuation routes, and any other information, as required by the Director of Community Development, applicable to the Short-Term Rental and the surrounding neighborhood. Z. Good Neighbor Letter. Within one week following (1) the issuance of a Short-Term Rental Permit, (2) the issuance of a renewal permit, and/or (3) the approval of a transfer Page 371 of 588 application, the Permittee shall mail or personally deliver in writing a Good Neighbor Letter, in a form authorized by the Director of Community Development to the Owners and Occupants of properties located on all sides of and directly across the street (or alley or other right-of-way) from the Short-Term Rental Property. Thereafter, within 30 days of occurrence of any of the events described in (1), (2) or (3), the Permittee shall sign under penalty of perjury, and submit to the Director of Community Development, a certification that the required mailing or delivery was completed. If at any time during the term of a Short-Term Rental Permit, the Good Neighbor Letter information for the Permittee or Local Contact Person changes, the Permittee shall mail or personally deliver in writing within one week an updated Good Neighbor Letter to the Owners and Occupants of properties located on all sides of and directly across the street (or alley or other right-of-way) from the Short-Term Rental Property to maintain accuracy and shall also promptly submit to the Director of Community Development a signed under penalty of perjury certification that the required mailing or delivery of the updated information was completed. AA. Quiet Time From 10:00 p.m. to 9:00 a.m. The hours between 10:00 p.m. and 9:00 a.m. are considered to be “quiet time,” so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a Short-Term Rental Property or cause discomfort or annoyance to any reasonable Person of normal sensitivity residing in the area. It shall constitute a major violation if any Occupants engage in outdoor activities on a Short-Term Rental Property between the hours of 10:00 p.m. and 9:00 a.m. that involve the use of fire pits, barbecues, swimming pools, hot tubs, spas, tennis or paddleball courts, or other similar and related improvements or play equipment, or if any Occupants engage in outdoor parties, outdoor singing, shouting, clapping or other activities generally associated with partying or if Occupants engage in any outdoor drunk or disorderly conduct during those hours. Any other outdoor conduct between the hours of 10:00 p.m. and 9:00 a.m. that disturbs the peace and quiet of the neighborhood adjacent to a Short- Term Rental Property, or causes discomfort or annoyance to any reasonable Person of normal sensitivity residing in the area, shall constitute a minor violation. It is not a violation for an Occupant to merely be out of doors during quiet time hours, so long as there is no conduct that disturbs the peace and quiet of the neighborhood adjacent to a Short-Term Rental Property or causes discomfort or annoyance to any reasonable Person of normal sensitivity residing in the area. The Permittee shall post signs of a size, type and at a location (or locations) acceptable to the Director of Community Development near all doors leading to the exterior of a Short-Term Rental Unit, advising Occupants of “quiet time.” BB. No-Fault Evictions. A property containing a unit with a no-fault eviction may not operate a short-term rental for five years from the date of the eviction unless it is a single -family home that has been vacated for purposes of owner occupancy. Section 6.30.090 Violations, Enforcement and Penalties A. Any person violating any of the provisions of this chapter shall be subject to enforcement pursuant to Chapter 1.44 of this Code and any other enforcement mechanism available to the City, including revocation of the short-term rental permit pursuant to section 6.30.090.C. B. Any short-term rental that is operating in violation of this chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation pursuant to Section 1.36 of this Code. C. Notwithstanding Section 1.44.050 of this Code, the following penalties apply to administrative citations issued for violations of this chapter: 1. For a first administrative citation, a fine not exceeding $500 per violation of each provision of this chapter. 2. For a second administrative citation within one year of the first citation, a fine not exceeding $1,000 per violation of each provision of this chapter. Page 372 of 588 3. For a third or subsequent administrative citation within one year of the first citation, a fine not exceeding $1,500 per violation of each provision of this chapter. Section 6.30.100 Denial, Suspension and Revocation A. Denial, Suspension or Revocation. In addition to any other remedy provided by this chapter, a short-term rental permit may be denied, suspended, or revoked by the City Manager, or designee, pursuant to this section. B. Grounds for Denial or Suspension. A short-term rental permit may be denied or immediately suspended if any of the following grounds exist: 1. The application or renewal application for the short-term rental permit does not comply with all the requirements of section 6.30.060. 2. A material misrepresentation, false or misleading information was included on the application or renewal application for the short-term rental permit. 3. An authorized official has cited the short-term rental property for health or safety violation(s) and such violation(s) remain outstanding. 4. The use or occupancy of the short-term rental property has been cited by an authorized official for felony violation(s) and criminal prosecution is pending. 5. A delinquency in the payment of any outstanding fees, assessments or taxes owed to the City related to the short-term rental property, including, but not limited to, Transient Occupancy Taxes (TOT). C. Revocation of Permit. If a third administrative citation is issued for violation(s) of this chapter at a short-term rental within a one-year period, the City shall revoke the short- term rental permit upon a determination that the violation(s) alleged in the third citation has occurred. Notwithstanding the foregoing, the City shall immediately revoke the short-term rental permit upon final determination that a felony violation relating to the use or occupancy of the short-term rental property has occurred. D. Appeal of Denial, Suspension or Revocation. Any denial, suspension or revocation of a short-term rental permit shall be made by the City in writing and is subject to the appeal procedures set forth in Section 6.04.160 of this Code. E. Prohibited Operations. If a short-term rental permit is revoked pursuant to this section, a short-term rental shall not be operated at the property for a period of 12 months from the date of such revocation unless the property has been sold and the new owner can demonstrate to the City that a change of property ownership occurred during that time period. Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section 4. 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. Page 373 of 588 INTRODUCED this 19th day of August, 2025. PASSED and ADOPTED this ____ day of __________, 2025. __________________________ Ron Morrison, Mayor ATTEST: _____________________________ Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: _____________________________ Barry J. Schultz City Attorney Page 374 of 588 AGENDA REPORT Department: Community Development Prepared by: Martin Reeder, AICP – Acting Director of Community Development Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Interim City Manager SUBJECT: Public Hearing: Introduction and First Reading of an Ordinance Amending Title 15 (Buildings And Construction) of the National City Municipal Code Creating a New Section (15.83 – Lot Tie Agreements). RECOMMENDATION: Introduce the Ordinance Entitled: “An Ordinance of the City Council of the City of National City, California, Amending Title 15 (Buildings and Construction) of the National City Municipal Code Creating a New Section (15.83 – Lot Tie Agreements)” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The Community Development Department has occasionally had to deal with developments occurring on multiple properties that are owned and developed as one. These occasions have become more frequent of late, which has led to discussion of the usefulness, in certain cases, of a Lot Tie Agreement. A Lot Tie Agreement allows two properties to be developed as one without the need for a lot merger and allows for flexibility with building separation, setbacks, and joint access. For example, a building may be built across a lot line or be located within the normally required setbacks of a property where both properties are held and operated as one (as though the lot line between the properties were never there). The Lot Tie Agreement would allow for this to happen without being considered as a relaxation of required codes. In the event the properties were ever to be sold separately, the City would first require that the buildings in question be demolished or moved in order to remedy any code requirement issues, then the agreement could be dissolved and the agreement terminated. However, in order to utilize this tool, it is required that the Municipal Code make reference to the use of said agreements through Ordinance. This Code Amendment would create such an Ordinance and allow for Lot Tie Agreements in the future. FINANCIAL STATEMENT: There is no budget impact as a result of this action. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Housing and Community Development ENVIRONMENTAL REVIEW: This is not a project under CEQA, and is therefore, not subject to environmental review. CCR15378; PRC 21065. Page 375 of 588 PUBLIC NOTIFICATION: The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act. ORDINANCE: First Reading EXHIBITS: Exhibit A – Draft NCMC Chapter 15.83 – Lot Tie Agreements Exhibit B – Draft Ordinance Page 376 of 588 Chapter 15.83 Lot Tie Agreements A. If a lot consisting of two or more parcels held by the same record owner is proposed to be developed as one, construction permits shall not be issued unless and until a Lot Tie Agreement is entered into to the satisfaction of the Building Official, City Engineer, and Director of Community Development. The Lot Tie Agreement shall be recorded against the applicable properties in the Office of the San Diego County Recorder. The Lot Tie Agreement shall require the record owner to hold the applicable parcels as one and to maintain common ownership and control. The Lot Tie Agreement shall be binding upon, and the benefits of the Lot Tie Agreement shall inure to the parties and all successors in interest to the parties to the Lot Tie Agreement. B. Cancellation of a recorded Lot Tie Agreement shall be reviewed and approved by the Building Official, City Engineer, and Director of Community Development under the Site Plan Review process if the need to hold the property as one parcel no longer exists. Under no circumstances shall the cancellation of an agreement cause a violation of this Title or Title 18 of the NCMC. If approved, the City shall forward a written declaration of the cancellation of the Lot Tie Agreement to the County Recorder. Page 377 of 588 ORDINANCE NO. 2025 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE NATIONAL CITY MUNICIPAL CODE CREATING A NEW SECTION (15.83 – LOT TIE AGREEMENTS) 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, pursuant to a published 10-day notice of the adoption of said ordinance, a public hearing was held by the City Council on August 19, 2025, and at said public hearing, all persons interested were given the opportunity to appear and be heard before the City Council; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. All protests, if any, against said amendment to the Municipal Code and each of them be and hereby are denied and overruled. Section 2. Section 15.83 is hereby added to read as follows: Chapter 15.83 Lot Tie Agreements A. If a lot consisting of two or more parcels held by the same record owner is proposed to be developed as one, construction permits shall not be issued unless and until a Lot Tie Agreement is entered into to the satisfaction of the Building Official, City Engineer, and Director of Community Development. The Lot Tie Agreement shall be recorded against the applicable properties in the Office of the San Diego County Recorder. The Lot Tie Agreement shall require the record owner to hold the applicable parcels as one and to maintain common ownership and control. The Lot Tie Agreement shall be binding upon, and the benefits of the Lot Tie Agreement shall inure to the parties and all successors in interest to the parties to the Lot Tie Agreement. B. Cancellation of a recorded Lot Tie Agreement shall be reviewed and approved by the Building Official, City Engineer, and Director of Community Development under the Site Plan Review process if the need to hold the property as one parcel no longer exists. Under no circumstances shall the cancellation of an agreement cause a violation of this Title or Title 18 of the NCMC. If approved, the City shall forward a written declaration of the cancellation of the Lot Tie Agreement to the County Recorder. Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and Page 378 of 588 adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section 4. 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. INTRODUCED this 19th day of August, 2025. PASSED and ADOPTED this _____ day of ___________, 2025. __________________________ Ron Morrison, Mayor ATTEST: _____________________________ Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: _____________________________ Barry J. Schultz City Attorney Page 379 of 588 AGENDA REPORT Department: Planning Prepared by: Martin Reeder, AICP – Acting Director of Community Development Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Interim City Manager SUBJECT: Public Hearing – Amendment of NCMC 9.38 establishing a Tobacco Retail License Program RECOMMENDATION: Provide Feedback to Staff and/or Introduce the Ordinance entitled, “An Ordinance of the City Council of the City of National City Amending Title 9 of the National City Municipal Code by Amending Chapter 9.38 Pertaining to Tobacco Retailer Licensing and Restricting the Sale, Display and Promotion of Tobacco to Youth.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: At the meeting of January 21, 2025, the City Council directed staff per a Policy 105 request to consider development of an Ordinance amending Chapter 9.38 to include a Tobacco Retail License program. Staff returned with a staff report on March 4, 2025 and was directed to bring back an Ordinance amending the chapter and creating a Tobacco Retail License Program. Chapter 9.38 of the Municipal Code – Restricting the sale, display, and promotion of tobacco products or cigarettes to minors – was adopted in 2000 and amended in 2003 (Exhibit A). This chapter contains regulations related to product placement within retail locations located within a thousand feet of any school, playground, recreation center or facility, childcare center, or library. Advertisement of tobacco products within one thousand fe et of the same is prohibited. Signage is also required stating that the sale of tobacco products and cigarettes to persons under twenty - one years of age is prohibited by law and subject to penalties. In addition to the regulations contained in Chapter 9.3 8, Title 18 (Zoning) also contains regulations pertaining to tobacco specialty businesses, defined as a business with more than forty percent of the floor area devoted to the use, display, and/or sales of tobacco products and/or paraphernalia. Chapter 18.3 0.230 requires a Conditional Use Permit for such a use. In 2018 the City Council adopted amendments to Chapters 9.37 (Prohibition of Smoking in Open Air Dining Areas), 9.38, and Chapter 10.52 (Regulations for the use of municipal parks, playgrounds and golf courses). These amendments generally amended definitions of tobacco products to include electronic cigarettes. In California, it is illegal for retailers and clerks to sell tobacco products to anyone under the age of 21. This law applies to the sale of traditional tobacco products like cigarettes as well as to the sale of electronic smoking devices like e-cigarettes and tobacco product paraphernalia. There is also a requirement for all retailers that sell electronic smoking devices in California to apply to the Page 380 of 588 California Department of Tax and Fee Administration (CDTFA) for a license. However, this is for taxation purposes. California law also now prohibits the sale of most flavored tobacco products, including e-cigarettes and menthol cigarettes. This law went into effect on December 21, 2022. This Code Amendment request was made via a Policy 105 action that was initiated based on communication with National City For Better Health, in collaboration with SAY San Diego, administrators of the San Diego Smoke-Free Project, which encouraged adoption of a Tobacco Retail License (TRL) policy. The TRL program is aimed at ensuring local and state tobacco laws are being followed. The program, while containing rules already encompassed at the state level, would place the administrative and enforcement burden for compliance with the City. The intention of the program is for it to be supported through license fees. The main components of a TRL include: No new license within a thousand feet of youth-oriented facilities No new license within a thousand feet of another tobacco retailer No new license within a thousand feet of a cannabis retailer Total number of retail licenses limited to one per 2,500 residents No sales of flavored tobacco products Packaging, labeling, and pricing consistent with manufacturer’s specifications and applicable federal requirements Annual renewable permit No transfer of license between location or person Compliance monitoring All other components of the existing Municipal Code sections are maintained in some form in suggested language provided by SAY San Diego and incorporated in the attached Draft Ordinance (Exhibit B). The license fees would need to be determined and approved by City Council, and will be incorporated into the City’s fee schedule. Per the Draft Ordinance language, all lawfully operating retailers would be “deemed approved” subject to receipt of a Tobacco Retail License and compliance with basic standards such as; maintenance of license, no cessation of sales for more than 60 days, no substantial change in premises or operation, compliance with other requirements (e.g., state, federal licensing). Based on an assessment by SAY San Diego, there are 54 existing tobacco retailers in the City. Based on their initial one license per 2,500 residents suggestion, only around 22 new licenses would be able to be approved (based on an approximate current population of 55,000). This would mean that, assuming the majority of existing retailers get a license, no new tobacco retail licenses would be permitted without attrition. However, staff is suggesting that a limitation of one license per 800 residents may be more appropriate. The current number of licenses equates to about one per 1,000 people. Additionally, there is economic benefit that the City realizes from the legal and responsible sale of tobacco. Therefore, it may be preferable to not only bring the existing 54 retail outlets into compliance, but also to grow the number of licensees in the program if there is demand. It should be noted that the City’s daytime population is significantly larger than our stated population, which creates an opportunity to capitalize from sales to visitors. Of note is the suggestion for each licensed premises to be checked annually, as well as least two compliance checks (decoy checks) per year. While this is potentially good policy, having an absolute requirement memorialized in an Ordinance may be problematic given that the number of existing retailers in the City, which would mean more than one inspection per week. Depending on priorities at the time, the ability to maintain that level of inspection frequency would be dependent on workload and staff positions. Page 381 of 588 Other cities in San Diego County that have a tobacco retail license program include Chula Vista, El Cajon, Escondido, Lemon Grove, Oceanside, San Diego, San Marcos, Solana Beach, and Vista. The County of San Diego also has its own program. For purposes of previous reports, staff looked at the Chula Vista and County programs. The City of Chula Vista program is administered by the Police Department and costs $322 each year. Compliance checks are required every two years. Licensees are required to maintain a California Cigarette and Tobacco Products Retailer’s License in addition to a City business license and Tobacco Retailers Permit. The County of San Diego program costs $730 per year and requires compliance checks, including decoy operations, once a year. If the City Council opts to adopt this ordinance and create a Tobacco Retail License program, staff suggests a fee closer to that of the County of San Diego ($730), but a compliance schedule (with decoy operations as an optional component dependent on workload and staff levels/priorities) similar to Chula Vista (checks at least once every two years). The language in the draft ordinance is as follows, which mirrors the suggested language by SAY San Diego: The city shall conduct up to two compliance checks per 12-month period that involves the participation of persons between the ages of 18 and 20 to enter licensed premises to attempt to purchase tobacco products. This language does not fully commit the City to two “decoy” checks per year, but this is a more likely outcome if the fee charged for licensing is commensurate to the anticipated time spent and cost of compliance. It should also be noted that code compliance staff will generally be tasked with visiting each retailer on a regular basis (likely once annually). Therefore, staff is suggesting that the fee for a Tobacco Retail License be set at $700. FINANCIAL STATEMENT: The license fee of $700 will pay for staff time associated with business inspections. Based on the 54 existing retail outlets selling tobacco, the total annual fee collected would amount to approximately $37,800, which would cover the cost of 54 annual business inspections and allow for a decoy compliance check program to augment staff inspections. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Health, Environment, and Sustainability 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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act. ORDINANCE: First Reading EXHIBITS: Exhibit A – Current Chapter 9.38 Exhibit B – Draft Ordinance Page 382 of 588 Chapter 9.38 RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS OR CIGARETTES TO MINORS National City, California, Code of Ordinances Created: 2025-01-29 17:25:06 [EST] (Supp. No. 65, Update 1) Page 1 of 3 Chapter 9.38 RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO PRODUCTS OR CIGARETTES TO MINORS 9.38.010 Purpose and intent. It is the purpose and intent of the city council to enact regulations further restricting the sale or display of tobacco products and cigarettes in the city to minors, beyond that provided for by state law. Ac cordingly, the city council enacts the following regulations as not preempted by the Federal Cigarette Labeling and Advertising Act, 15 U.S Code Section 1332, et seq. (Ord. 2223 § 1 (part), 2003: Ord. 2172 § 1 (part), 2000) 9.38.020 Definitions. For purposes of this chapter: "Advertising display" means a sign, sign-board, billboard, poster, or banner that is temporarily or permanently placed within a building or displayed in the window(s) of a commercial establishment to advertise or promote products. It does not include printed material on the container of a product sold at retail. "Cigarette," as used in this chapter and as defined by 15 U.S. Code Section 1332, means: (A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (B) any roll of tob acco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph A of this definition. "Playground" means any outdoor premises or grounds owned or operated by the city, a public or private school, childcare center, or youth or recreational center, that contains any play or athletic equipment used or intended to be used by minors. "Recreation center or facility" means any recreation center or facility under the control, direction or management of the city. "School" means any public or private elementary or secondary school, attendance at which satisfies the compulsory education laws of the state of California. "Self-service display" means an open display of tobacco products to which the public has access without the intervention of an employee. "Tobacco advertising display" means an advertising display that concerns tobacco products. "Tobacco product" means any substance or product other than cigarettes containing tobacco leaf, including but not limited to cigars, pipe tobacco, snuff, chewing tobacco, and dipping tobacco. "Tobacco retailer" or "tobacco retail store" means any person or business entity that sells any tobacco product or cigarettes and includes an employee of that person or business entity. Any retail establishment selling tobacco products or cigarettes incidental to other merchandise qualifies within this definition. "Vendor-assisted" means that only a store employee has access to a particular product and assists a customer by supplying the product, and the customer does not take possession of the product until it is purchased. (Ord. 2223 § 1 (part), 2003: Ord. 2172 § 1 (part), 2000) Page 383 of 588 Created: 2025-01-29 17:25:06 [EST] (Supp. No. 65, Update 1) Page 2 of 3 9.38.030 Measure of distance. The distance between any tobacco retail store and any school, playgroun d, recreation center of facility, childcare center, or library, shall be measured in a straight line, without regard to intervening structures, from the exterior of the tobacco retail store to the closest property line of the school, playground, recreation center or facility, childcare center, or library. (Ord. 2223 § 1 (part), 2003: Ord. 2172 § 1 (part), 2000) 9.38.040 Restrictions on location of tobacco products and tobacco advertising displays. A. It is unlawful for any tobacco retailer to place, maintain, or cause to be placed or maintained any tobacco product or tobacco advertising display within two feet of any candy, snack, or nonalcoholic beverage display inside a tobacco retail store located within one thousand feet of any school, playground, recreation center or facility, childcare center or library. B. Except as allowed in Section 9.38.040(A), it is unlawful for any person to advertise tobacco products within one thousand feet of any school, playground, recreation center or facility, childcare center or library. (Ord. 2223 § 1 (part), 2003: Ord. 2172 § 1 (part), 2000) 9.38.050 Exceptions to location of tobacco products and tobacco advertising displays inside retail establishments. A. Section 9.38.040 does not apply to commercial establishments where access to the premises by persons under twenty-one years of age is prohibited by law. B. Section 9.38.040A does not apply within any establishment to displays containing tobacco products which are not accessible and visible to patrons, or to displays located above, behind or below a sales counter and which are not accessible to patrons. Any display containing tobacco products shall not be used as an "advertising display" as defined in Section 9.38.020. (Ord. 2223 § 1 (part), 2003: Ord. 2172 § 1 (part), 2000) (Ord. No. 2018-2452, § 4, 12-4-2018) 9.38.060 Self-service sale and distribution of tobacco products —Prohibited. It is unlawful for any tobacco retailer to sell, permit to be sold, offer for sale, or display for purposes of sale, by means of self-service displays or by any means other than vendor-assisted sales, any tobacco products or cigarettes. (Ord. 2223 § 1 (part), 2003: Ord. 2172 § 1 (part), 2000) 9.38.070 Restrictions on distribution of free tobacco samples, promotional items or cigarettes to minors. A. It is unlawful for tobacco retailer to distribute free tobacco products or promotional items, except in enclosed areas where minors are not permitted. Page 384 of 588 Created: 2025-01-29 17:25:06 [EST] (Supp. No. 65, Update 1) Page 3 of 3 B. It is unlawful for any tobacco retailer to permit or allow a minor to be within six feet of any area or display where cigarettes are distributed free or at reduced cost as part of a promotion. (Ord. 2223 § 1 (part), 2003: Ord. 2172 § 1 (part), 2000) 9.38.080 Posting of signs regarding tobacco products and cigarette sales to minors. A. Every tobacco retailer shall post conspicuously in their place of business at each point of purchase a notice stating that the sale of tobacco products and cigarettes to persons under twenty -one years of age is prohibited by law and subject to penalties, except for United States Armed Forces active duty personnel with military ID who are at least eighteen years of age. The notice shall also state that photo identification is required to purchase tobacco products and cigarettes. The letters of the sign shall be at least one-half inch in height. B. Any sign meeting the content requirements of California Business and Professional Code Section 22952(b) and regulations promulgated thereunder, and the posting requirements of California Penal Code Section 308(c), satisfies subsection "A" of this section. (Ord. 2223 § 1 (part), 2003: Ord. 2172 § 1 (part), 2000) (Ord. No. 2018-2452, § 5, 12-4-2018) 9.38.090 Extensions for compliance. A. Any business that needs to make modifications to its business premises or advertising practices in order to comply with Sections 9.38.040, 9.38.060, or 9.38.080 of this chapter must comply within sixty calendar days after June 30, 2003. B. Any business owner may apply to the city manager, through the planning director, for a reasonable extension of time within which to comply with Sections 9.38.040, 9.38.060 or 9.38.080 of this chapter, provided that the application for extension is submitted on or before the last day of the sixty-day compliance period. C. An extension may be granted only for good cause for a maximum of one year from the effective date. "Good cause" means that the extension is necessary to prevent the business from suffering unreasonable financial hardship, or to prevent unreasonable disruption in business operations. (Ord. 2223 § 1 (part), 2003: Ord. 2172 § 1 (part), 2000) 9.38.100 Enforcement. A. Violations of this chapter shall be prosecuted as infractions for the first offense, and may be prosecuted as misdemeanors for subsequent offenses, subject to the penalties provided in Section 1.20.010 of this code. In addition, injunctive relief, civil penalties or administrative remedies provided in Title 1 of this code, may be sought or imposed for violations. B. This chapter may be enforced by any police officer, building inspector, code conformance officer, business license inspector or fire inspector. (Ord. 2223 § 1 (part), 2003: Ord. 2172 § 1 (part), 2000) Page 385 of 588 ORDINANCE NO. 2025-____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 9 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 9.38 PERTAINING TO TOBACCO RETAILER LICENSING AND RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO TO YOUTH 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, pursuant to a published 10-day notice of the adoption of said ordinance, a public hearing was held by the City Council on August 19, 2025, and at said public hearing, all persons interested were given the opportunity to appear and be heard before the City Council; and NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. All protests, if any, against said amendment to the Municipal Code and each of them be and hereby are denied and overruled. Section 2. Section 9.38 (Restricting the Sale, Display and Promotion of Tobacco Products or Cigarettes to Minors) is hereby amended to read as follows: Chapter 9.38 - TOBACCO RETAILER LICENSE AND RESTRICTING THE SALE, DISPLAY AND PROMOTION OF TOBACCO TO YOUTH. Section 9.38.010 Purpose and intent. It is the intent of the City Council, in enacting this ordinance, to ensure compliance with the business standards and practices of the City and to encourage responsible tobacco retailing and to discourage violations of tobacco- related laws, especially those which prohibit or discourage the sale or distribution of tobacco products to youth, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein. Accordingly, the City Council enacts the following regulations as not preempted by the Federal Cigarette Labeling and Advertising Act, 15 U.S. Code sec. 1332, et seq. Section 9.38.020 Definitions. For purposes of this chapter: A. "Arm's Length Transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an Arm's Length Transaction. B. "Applicant" means the Person applying for a permit pursuant to this chapter. C. “Cannabis” has the meaning set forth in California Business and Professions Code Section 26001, as that Page 386 of 588 section may be amended from time to time. D. “Cannabis Product” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time. E. “Cannabis Retailer” means any retail establishment in which cannabis or cannabis products are sold or offered for sale to persons that do not hold a license to engage in commercial cannabis activity issued by the State of California in accordance with the Business and Professions Code Section 26000 et seq., as that section may be amended from time to time. F. “Child-Resistant Packaging” means packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015. G. “Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than 4.5 pounds per thousand. H. “Cigarette” means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein. I. "City" means City of National City, California. J. “Compliance checks” means systems the department uses to investigate and ensure that tobacco retailers are following and complying with the requirements of this chapter. Compliance checks may involve th e use of persons between the ages of 18 and 20 who purchase or attempt to purchase tobacco products. Compliance checks may also be conducted by the department or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to tobacco products. K. “Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price. L. “Delivery sale” means the sale of any tobacco product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a tobacco retail establishment. Delivery sale includes the sale of any tobacco product when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. Delivery sale includes delivery by licensees or third parties by any means, including curbside pick-up. M. “Department” means the Community Development Department and any agency or person designated by the City to enforce or administer the provisions of this chapter. N. "Electronic Smoking Device" means an electronic device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e - cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Electronic Smoking Device” includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. “Electronic Smoking Device” does not include “drugs,” “devices,” or “combination products,” authorized for sale Page 387 of 588 by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. " O. "Flavored Tobacco Product" means any tobacco product that imparts: 1. a taste or odor distinguishable by an ordinary consumer, other than the taste or odor of tobacco, either prior to or during the consumption of such tobacco product, including but not limited to tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb, or spice; or 2. a cooling or numbing sensation distinguishable by an ordinary consumer during the consumption of such tobacco product. P. “Full Retail Price” means the displayed price plus all applicable taxes and fees if such taxes and fees are not included in the displayed price. For the purposes of this chapter, “Displayed Price” means the price displayed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold or offered for sale. Q. "Little Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than 4.5 pounds per thousand. Little Cigar includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo. R. “Manufacturer” means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product, or imports a finished tobacco product for sale or distribution into the United States. S. “Moveable Place of Business” means any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. T. "Person" means any human being, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. U. “Pharmacy” means any retail establishment in which the profession of pharmacy is practice by a pharmacist licensed by the State of California in accordance with the Business and Profe ssions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals. V. “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person has or shares ultimate control over the day-to-day operations of a business. W. “Recreation Facility” means an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes, and includes but is not limited to, a gymnasium, playing court, playing field, and swimming pool. X. “Sale” mean any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever. Y. "Self-Service Display" means the open display or storage of tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the Page 388 of 588 retailer and a direct face-to-face transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of Self-Service Display. Z. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. “Smoking” includes using an electronic smoking device. AA. ''Tobacco Product" means: 1. Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled absorbed, or ingested by any other means, including but not limited to, a cigarette, cigar, little cigar, pipe tobacco, snuff, snus, or chewing tobacco; 2. Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or 3. Any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes. ''Tobacco Product" does not mean “drugs,” “devices,” or “combination products,” authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. BB. ''Tobacco Retailer" means any person who sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange. CC. “Tobacco Retailing” means engaging in the activities of a tobacco retailer. DD. “Youth-Oriented Facility” means a parcel in the city that is occupied by: 1. a private or public kindergarten, elementary, middle, junior high, or high school; 2. a library open to the public; 3. a playground open to the public; 4. a youth center, defined as a facility where children, ages 6 to 17, inclusive, come together for programs and activities; 5. a recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes; 6. a park open to the public or to all the residents of a private community; 7. a licensed child-care facility or preschool [other than a small-family day care home or a large-family day care home [as defined in California Health & Safety Code § 1596.78]]. Section 9.38.030 General requirements and prohibitions. A. Tobacco retailer’s license required. It shall be unlawful for any person to engage in tobacco retailing in the City without first obtaining and maintaining a valid tobacco retailer’s license for each location at which tobacco retailing is to occur. B. Lawful business operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for a licensee, or any of the licensee’s agents or employees, to violate any local, state, or federal law applicable to the sale of tobacco products. C. Smoking prohibited. Smoking, including smoking for the purpose of sampling any tobacco product, is prohibited Page 389 of 588 within the indoor area of any retail establishment licensed under this chapter. Smoking also prohibited outdoors within 25 feet of any retail establishment licensed under this chapter. D. Minimum Legal Sales Age. No person engaged in tobacco retailing shall sell a tobacco product to a person under 21 years of age. E. Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location. F. Positive identification required. No person engaged in tobacco retailing shall sell a tobacco product to another person without first verifying by means of government- issued photographic identification that the recipient is at least 21 years of age. G. Self-service displays prohibited. Tobacco retailing by means of a self-service display is prohibited. H. On-site Sales. All sales of tobacco products shall be conducted in-person in the licensed location. It shall be a violation of this chapter for any tobacco retailer or any of the tobacco retailer’s agents or employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or provide tobacco products to any person that intends to engage in the delivery sale of the tobacco product in the City. I. Posting of Signs. Every tobacco retailer shall post conspicuously in their place of business at each point of purchase a notice stating that the sale of tobacco products and cigarettes to persons under twenty-one years of age is prohibited by law and subject to penalties. The notice shall also state that photo identification is required to purchase tobacco products. The letters of the sign shall be at least one-half inch in height. a. Any sign meeting the content requirements of California Business and Professional Code Section 22952(b) and regulations promulgated thereunder, and the posting requirements of California Penal Code Section 308(c), satisfies Subsection I of this Section. Section 9.38.040 Limits on eligibility for a tobacco retailer license. A. Mobile Vending. No license may be issued to authorize tobacco retailing at other than a fixed location. No tobacco retail license will be issued to a moveable place of business. B. Licensed cannabis businesses. No license may be issued, and no existing license may be renewed, to authorize tobacco retailing at a location licensed for commercial cannabis activity by the State of California under Business and Professions Code Division 10. C. Pharmacies. One year after the effective date of this ordinance, no license may be issued, and no existing license may be renewed, to authorize tobacco retailing in a pharmacy. D. Proximity to youth-oriented facilities. No newly established business requesting to be licensed for the sale of tobacco may be within 1,000 feet of a youth-oriented facility as measured by a straight line from the nearest point of the property line of the parcel on which the youth-oriented facility is located to the nearest point of the property line of the parcel on which the applicant’s business is located. E. Proximity to other tobacco retailers. No newly established business requesting to be licensed for the sale of tobacco may be within 1,000 feet of a tobacco retailer location already licensed pursuant to this chapter as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing licensee’s business is located. Page 390 of 588 F. Proximity to cannabis retailers. No new license may be issued to authorize tobacco retailing within [ 1,000 ] feet of an existing cannabis retailer as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing cannabis retailer is located. G. Measure of distance. The distance between any tobacco retail store and any school, playground, recreation center or facility, childcare center, library, or other tobacco retailer, or cannabis retailer, shall be measured in a straight line, without regard to intervening structures, from the exterior of the tobacco retail store to the closest property line of the school, playground, recreation center or facility, childcare center, or library. H. Population and density. The issuing of tobacco retailer licenses is limited as follows: 1. The total number of tobacco retailer licenses within the city shall be limited to one for each 800 inhabitants of the city. 2. For the purposes of this subsection, the total population of the city shall be determined by the most current published total available from the U.S. Census Bureau or the California State Department of Finance, whichever has been more recently updated, as of t he date the license application is filed. 3. No new license may be issued to authorize tobacco retailing if the number of tobacco retailer licenses already issued equals or exceeds the total number authorized pursuant to subsection (1). I. Existing retailers. A tobacco retailer operating lawfully on the date this ordinance is adopted may receive an exemption from Subsection D, E, F, and H, as long as all of the following conditions are met: 1. the license is timely obtained and is renewed without lapse or revocation; 2. the tobacco retailer is not closed for business or otherwise suspends Tobacco Retailing for more than sixty (60) consecutive days; 3. the tobacco retailer retains the right to operate under other applicable laws. J. Change of business dispute. If the City determines that a tobacco retailer has substantially changed their business premises or operation and the tobacco retailer disputes this determination, the Tobacco Retailer bears the burden of proving by a preponderance of evidence that such change(s) do not constitute a substantial change. Section 9.38.050 Restrictions on location of tobacco products, and tobacco advertising displays. A. It is unlawful for any tobacco retailer to place, maintain or cause to be placed or maintained any tobacco product or tobacco advertising display within two feet of any candy, snack, or non-alcoholic beverage display inside a tobacco retail store located within one thousand feet (1,000) of any youth- oriented facility. B. Except as allowed in subsection A, it is unlawful for any person to advertise tobacco products within one thousand feet (1,000) of any youth-oriented facility. C. Subsection A does not apply to commercial establishments where access to the premises by persons under twenty-one years of age is prohibited by law. Section 9.38.060 Sale of flavored tobacco products prohibited. Page 391 of 588 The sale of flavored tobacco products shall be regulated by state law. Section 9.38.070 Tobacco product pricing and packaging. A. Packaging and labeling. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product: (1) is sold in the manufacturer’s packaging intended for sale to consumers; (2) conforms to all applicable federal labeling requirements; and (3) conforms to all applicable child-resistant packaging requirements. Upon request by the City, a licensee must provide a copy of the certificate of compliance or full laboratory testing report for the packaging used. B. Display of price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale. C. Distribution of tobacco samples or promotional items. It is unlawful for any person to distribute free or nominally priced tobacco products. D. Prohibition of tobacco coupons and discounts. No tobacco retailer shall: 1. honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price; 2. sell any tobacco product to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for the purchase of a ny tobacco product or any other item; or 3. provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product. E. Prohibition on the sale of individual cigarettes. No tobacco retailer shall sell cigarettes individually or in packages containing less than 20 cigarettes. Section 9.38.080 License application procedure. A. An application for a tobacco retailer’s license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. All applications shall be submitted on a form supplied by the Department. B. A license issued contrary to this Chapter, contrary to any other law, or on the basis of false or misleading information shall be revoked pursuant to this Chapter. Nothing in this Chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer’s license any status or right to act as a tobacco retailer in contravention of any provision of law. C. Applicant submissions must contain the following information: 1. The name, address, and telephone number of each proprietor of the business seeking a license. 2. The business name, address and telephone number of the location for which a license is sought. 3. The name and mailing address authorized by each proprietor to receive all communications and Page 392 of 588 notices required by, authorized by, or convenient to the enforcement of this Chapter. 4. Proof that the location for which a tobacco retailer’s license is sought has been issued all necessary state license for the sale of tobacco products. 5. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this Chapter or any other local, state, or federal law governing the sale of tobacco products and, if so, the dates and locations of all such violations within the previous five years. 6. A signed affidavit affirming that the proprietor has not sold and will not sell any tobacco product without a license required by this Chapter. 7. Such other information as the Department deems necessary for the administration or enforcement of this Chapter as specified on the application form required by this section. 8. Copies of applications for licenses and licenses issued pursuant to California Business and Professions Code Section 22970 et seq., the "Cigarette and Tobacco Products Licensing Act of 2003." If an application for a license pursuant to the "Cigarette and Tobacco Products Licensing Act of 2003" has been denied, copies of documentation regarding the reason for the denial of such license. D. Change in information. A licensed tobacco retailer shall inform the Department in writing of any change in the information submitted on an application for a Tobacco Retailer's license within 10 business days of a change. E. All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code Section 6250 et seq.) or any other applicable law, subject to the laws' exemptions. Section 9.38.090 License issuance and renewal. A. Issuance of license. Upon the receipt of a complete and adequate application for a tobacco retailer's license and the license fee required by this chapter, the Department may grant or deny the application for license, or it may delay action for a reasonable period of time to complete any investigation of the application of the applicant deemed necessary. B. Denial of application. The Department may deny an application for a tobacco retailer’s license based on any of the following reasons: 1. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate information shall be a violation of this chapter; 2. The application seeks authorization for tobacco retailing at a location for which this chapter prohibits a license to be issued; 3. The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued; or 4. The application seeks authorization for tobacco retailing in a manner that is prohibited pursuant to this chapter, that is unlawful pursuant to any other chapter of this Code, or that is unlawful pursuant to any other law. 5. Any other suitable reason the granting of a license to the applicant is not consistent with the public health and welfare, including the applicant’s history of noncompliance with this Chapter and other laws relating Page 393 of 588 to the sale of tobacco products. 6. The applicant is under the age of twenty-one. Section 9.38.100 License renewal and expiration. A tobacco retailer's license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is one (1) year. Each tobacco retailer will apply for the renewal of their tobacco retailer’s license and submit the license fee no later than thirty (30) days prior to expiration of the current license. A retailer that fails to timely submit a renewal applic ation and fee is ineligible for license renewal and must submit a new application pursuant to this Chapter. Section 9.38.110 Licenses not transferrable, past violations at retail location. A. Licenses not transferrable. A tobacco retailer's license may not be transferred from one Person to another or from one location to another. A new tobacco retailer's license is required whenever a tobacco retailer has a new tobacco retailing location or a location has a change in proprietors. B. Past violations. Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to the location unless: 1. The location has been transferred to the new Proprietor(s) in an Arm's Length Transaction; and 2. The new proprietor(s) provide the City with clear and convincing evidence that the new Proprietor(s) have acquired the location in an Arm's Length Transaction. Section 9.38.120 License conveys a limited, conditional privilege. Nothing in this chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's license any status or right other than the limited conditional privilege to act as a Tobacco Retailer at the loca tion in the City identified on the face of the permit. Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law Section 9.38.130 Fee for license The fee to issue or to renew a tobacco retailer's license shall be established from time to time by resolution of the City Council. The fee shall be calculated so as to recover the total cost of administration and enforcement of this chapter, including, but not limited to, issuing a license, administering the l program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law. Section 9.38.140 Compliance monitoring. A. Compliance with this chapter shall be monitored by the Department. In addition, the City may designate additional persons to monitor compliance with this chapter. All licensed premises must be open to inspection by city staff or designated persons during regular business hours. B. The Department shall inspect each tobacco retailer at least one (1) time per 12-month period. Page 394 of 588 C. The city shall conduct up to two compliance checks per 12-month period that involves the participation of persons between the ages of 18 and 20 to enter licensed premises to attempt to purchase tobacco products. D. Nothing in this section shall create a right of action in any licensee or other person against the city or its agents Section 9.38.150 Suspension or revocation of permit. A. Notice. Upon discovery of a suspected violation, the Department shall issue the alleged violator, either personally or by first class mail addressed to the authorized address, an administrative citation that sets forth the alleged violation and which shall inform the alleged violator of their right to be heard on the accusation. The administrative citation shall comply with the requirements of Section 1.44.030 of the National City Municipal Code. B. Hearings. Upon issuance of an administrative citation, a person accused of violating this Ordinance may request in writing a hearing on the matter in accordance with the procedures set forth in Sections 1.44.070 – 1.44.120 of the National City Municipal Code. C. Costs. If this administrative citation is upheld by the hearing officer, the city’s actual expenses in holding the hearing up to a maximum of one thousand dollars ($1,000) must be paid by the person requesting the hearing. D. Continued violation. 1. Each day on which a tobacco product is distributed, sold, or offered for sale in violation of this Chapter shall constitute a separate violation of this Chapter; and 2. Each individual tobacco product that is distributed, sold, or offered for sale in violation of this Chapter shall constitute a separate violation of this Chapter. E. Revocation of License Wrongly Issued. A tobacco retailer's license shall be revoked if the Department finds, after the Licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under this Chapter existed at the time application was made, or at any time before the permit issued, or one or more of the bases for denial of a renewal permit under this Chapter existed at the time the renewal permit was issued. Notice and appeal of the revocation shall be conducted in accordance with this section. F. If a license issued under this chapter is suspended or revoked, all tobacco products at the suspended or revoked tobacco retailer's location shall be removed from public view for the duration of the suspension or revocation. The tobacco retailer additionally shall not display any advertisement relating to tobacco products that promotes the sale or distribution of such products from the tobacco retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location for the duration of the suspension or revocation. Section 9.38.160 Violations and penalties. A. Any licensee who is found to be in violation of this Ordinance, whether such violation is determined by a hearing officer or superior court; or the Licensee has pleaded guilty, "no contest," or its equivalent, or admitted to a violation, will be charged an administrative fine and as well as their license suspended or Page 395 of 588 revoked follows: 1. Upon a finding by the Department of a first violation of this chapter at a location, the Licensee shall be issued a warning. 2. Upon a finding by the Department of a second violation of this chapter at a location within any 36-month period, the licensee will be charged an administrative fine of $300 and the license shall be suspended for 90 days. 3. Upon a finding by the Department of a third violation of this chapter at a location within any 36-month period, the licensee will be charged an administrative fine of $600 and the license shall be suspended for one year. 4. Upon a finding by the Department of a fourth violation of this chapter at a location within any 36-month period, the licensee will be charged an administrative fine of $1,000 and the license shall be revoked. B. Tobacco retailing without a valid license. In addition to any other penalty authorized by law, if the Department finds based on a preponderance of evidence, after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer's permit, either directly or through the person's agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailer's permit as follows: 1. After a first violation of this section at a location within any 36-month period, no new permit may be issued for the person or the location (unless proprietorship of the business at the location has been transferred in an Arm's Length Transaction), until 90 days have passed from the date of the violation. 2. After a second violation of this section at a location within any 36-month period, no new permit may be issued for the person or the location (unless proprietorship of the business at the location has been transferred in an Arm's Length Transaction), until 180 days have passed from the date of the violation. 3. After of a third or subsequent violation of this section at a location within any 36-month period, no new license may be issued for the person or the location (unless Proprietorship of the business at the location has been transferred in an Arm's Length Transaction), until five years have passed from the date of the violation. C. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a Person under the age of 18 years old, such a Person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the preponderance of the evidence presented. D. All tobacco retailers are responsible for the actions of their employees relating to the sale, offer to sell, and furnishing of tobacco products at the retail location. The sale of any tobacco product shall be considered an act of the tobacco retailer. E. Tobacco products offered for sale in violation of this Chapter are subject to seizure by the Department or its designee and shall be forfeited after the licensee or any other owner of the tobacco products seized is given reasonable notice and an opportunity to demonstrate that the tobacco products were not offered for sale in violation of this Chapter. The decision by the Department may be appealed pursuant to the procedures set Page 396 of 588 forth in Section 9.38.150. Forfeited tobacco products shall be destroyed and properly disposed of at the cost of the seller after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final. F. Violations of this Chapter may, at the discretion of the City Attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require. G. Violations of this Chapter are hereby declared to be public nuisances. H. In addition to other remedies provided by this Chapter or by other law, any violation of this Chapter may be remedied by a civil action brought by City Attorney, including administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief. I. The remedies specified in this section are cumulative and in addition to any other remedies available under State or local law for a violation of this Code. Section 9.38.170 Exceptions. A. Nothing in this Chapter prevents the provision of tobacco products to any person as part of an indigenous practice or a lawfully recognized religious or spiritual ceremony or practice. B. Nothing in this Chapter shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing. Section 9.38.180 Construction and severability. It is the intent of the City Council to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this Chapter, or its application to any other person or circumstance. The City Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 9.38.190 Public records. All information provided to the Department by a licensee or license applicant pursuant to this Chapter shall be subject to disclosure under the California Public Records Act (California Government Code section 6250 et seq.) or any other applicable law. Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section 4. 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 Page 397 of 588 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. INTRODUCED this 19th day of August, 2025. PASSED and ADOPTED this _____ day of ___________, 2025. __________________________ Ron Morrison, Mayor ATTEST: _____________________________ Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: _____________________________ Barry J. Schultz City Attorney Page 398 of 588 AGENDA REPORT Department: Community Services Prepared by: Joanne McGhee, Community Services Manager Meeting Date: Tuesday, August 19, 2025 Approved by: Scott Huth, Interim City Manager SUBJECT: Amendment to the Lease and Operating Agreement between the City of National City and American Golf Corporation. RECOMMENDATION: Adopt the Resolution Entitled: “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute an Amendment to the Agreement with American Golf Corporation for the Maintenance and Operation of the National City Golf Course to Extend the Agreement by Sixty Days to October 31, 2025.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: On May 3, 1984, the City of National City entered into an agreement with American Golf Corporation for the lease and operation of the National City Golf Course, located at 1439 Sweetwater Road, National City, California (the “Agreement”). The Agreement encompasses the operation and maintenance of the public golf course, driving range, clubhouse, restaurant, bar, golf instruction services, and the pro shop. The initial term of the Agreement was five years, with the option for seven (7) five-year extensions at the discretion of American Golf Corporation, plus two (2) additional five-year option periods at the discretion of City Since its original execution, the Agreement has been amended on multiple occasions to address operational and contractual updates, with the most recent amendment approved on May 5, 2021. Additionally, American Golf Corporation has exercised all seven five-year extensions provided for in the Agreement and has requested an additional five-year extension from the City. Under the terms of the Agreement, American Golf Corporation pays the City of National City a base rent of $72,000 per year in addition 10% of sales from green fees, cart rentals, and driving range, 6% of sales from Pro shop, food and beverage sales. All expenditures related to the maintenance and operation of the property are the responsibility of the lessee, resulting in minimal financial burden to the City. American Golf Corporation has been a reliable and responsible tenant, consistently acting in good faith throughout the term of the Agreement. They have supported and promoted recreational golf within the community by providing opportunities for local high school programs, hosting women’s golf sessions, offering inclusive golf programs, and prioritizing the hiring of local r esidents. Additionally, the fee schedule includes discounted resident and senior rates to ensure that National City residents have priority access and affordable use of the facility. Page 399 of 588 American Golf Corporation is also actively working with the City to address necessary infrastructure improvements, including repairs to the on-site bridge. In addition, they are committed to enhancing the overall grounds by planting more trees, upgrading golf turf, installing new targets at the driving range, and offering food and beverage promotions to improve the experience for visitors to the café. Their operations also contribute to the local economy by attracting visitors who support nearby businesses and restaurants, as well as through their participation in local events and special programs that strengthen community engagement. The current term of the Agreement expires on August 31, 2025. In order to allow sufficient time to further explore continuing American Golf Course’s operation of the golf course and any amendments to the Agreement that may be necessary, staff recommends extending the Agreement for an additional sixty days to October 31, 2025. FINANCIAL STATEMENT: FY 25 Revenue $217,838 FY 24 Revenue $142,589 FY 23 Revenue $73,687 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 at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Agreement – Historical_Redacted Exhibit B – Resolution Exhibit C – Letter_Redacted Exhibit D – Amendment to Agreement Page 400 of 588 Page 401 of 588 Page 402 of 588 Page 403 of 588 Page 404 of 588 Page 405 of 588 Page 406 of 588 Page 407 of 588 Page 408 of 588 Page 409 of 588 Page 410 of 588 Page 411 of 588 Page 412 of 588 Page 413 of 588 Page 414 of 588 Page 415 of 588 Page 416 of 588 Page 417 of 588 Page 418 of 588 Page 419 of 588 Page 420 of 588 Page 421 of 588 Page 422 of 588 Page 423 of 588 Page 424 of 588 Page 425 of 588 Page 426 of 588 Page 427 of 588 Page 428 of 588 Page 429 of 588 Page 430 of 588 Page 431 of 588 Page 432 of 588 Page 433 of 588 Page 434 of 588 Page 435 of 588 Page 436 of 588 Page 437 of 588 Page 438 of 588 Page 439 of 588 Page 440 of 588 Page 441 of 588 Page 442 of 588 Page 443 of 588 Page 444 of 588 Page 445 of 588 Page 446 of 588 Page 447 of 588 Page 448 of 588 Page 449 of 588 Page 450 of 588 Page 451 of 588 Page 452 of 588 Page 453 of 588 Page 454 of 588 Page 455 of 588 Page 456 of 588 Page 457 of 588 Page 458 of 588 Page 459 of 588 Page 460 of 588 Page 461 of 588 Page 462 of 588 Page 463 of 588 Page 464 of 588 Page 465 of 588 Page 466 of 588 Page 467 of 588 Page 468 of 588 Page 469 of 588 Page 470 of 588 Page 471 of 588 Page 472 of 588 Page 473 of 588 Page 474 of 588 Page 475 of 588 Page 476 of 588 Page 477 of 588 Page 478 of 588 Page 479 of 588 Page 480 of 588 Page 481 of 588 Page 482 of 588 Page 483 of 588 Page 484 of 588 Page 485 of 588 Page 486 of 588 Page 487 of 588 Page 488 of 588 Page 489 of 588 Page 490 of 588 Page 491 of 588 Page 492 of 588 Page 493 of 588 Page 494 of 588 Page 495 of 588 Page 496 of 588 Page 497 of 588 Page 498 of 588 Page 499 of 588 Page 500 of 588 Page 501 of 588 Page 502 of 588 Page 503 of 588 Page 504 of 588 Page 505 of 588 Page 506 of 588 Page 507 of 588 Page 508 of 588 Page 509 of 588 Page 510 of 588 Page 511 of 588 Page 512 of 588 Page 513 of 588 Page 514 of 588 Page 515 of 588 Page 516 of 588 Page 517 of 588 Page 518 of 588 Page 519 of 588 Page 520 of 588 Page 521 of 588 Page 522 of 588 Page 523 of 588 Page 524 of 588 Page 525 of 588 Page 526 of 588 Page 527 of 588 Page 528 of 588 Page 529 of 588 Page 530 of 588 Page 531 of 588 Page 532 of 588 Page 533 of 588 Page 534 of 588 Page 535 of 588 Page 536 of 588 Page 537 of 588 Page 538 of 588 Page 539 of 588 Page 540 of 588 Page 541 of 588 Page 542 of 588 Page 543 of 588 Page 544 of 588 Page 545 of 588 Page 546 of 588 Page 547 of 588 Page 548 of 588 Page 549 of 588 Page 550 of 588 Page 551 of 588 Page 552 of 588 Page 553 of 588 Page 554 of 588 Page 555 of 588 Page 556 of 588 Page 557 of 588 Page 558 of 588 Page 559 of 588 Page 560 of 588 Page 561 of 588 Page 562 of 588 Page 563 of 588 Page 564 of 588 Page 565 of 588 Page 566 of 588 Page 567 of 588 Page 568 of 588 Page 569 of 588 Page 570 of 588 Page 571 of 588 Page 572 of 588 RESOLUTION NO. 2025 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH AMERICAN GOLF CORPORATION FOR THE MAINTENANCE AND OPERATION OF THE NATIONAL CITY GOLF COURSE TO EXTEND THE AGREEMENT BY SIXTY DAYS TO OCTOBER 31, 2025. WHEREAS, on May 3, 1984, the City of National City (“City”) and American Golf Corporation (“American Golf”) entered into a Lease and Operating Agreement for the Las Palmas Municipal Golf Couse (the “Agreement”) for operation of the golf course located at 1439 Sweetwater Rd. for an initial term of five (5) years, with the option for seven (7) five-year extensions at the discretion of American Golf, plus two (2) additional five-year option periods at the discretion of City; and WHEREAS, on July 2, 1985, City and American Golf amended the Agreement to modify language related to the “Construction Period,” from which time the lease term would commence, and subsequently entered into a number of other amendments to the Agreement to address contractual and operational updates, include fee updates; and WHEREAS, American Golf has exercised all seven (7) extensions at its discretion, extending the Agreement to August 31, 2025, and has requested an offer of an additional five- year extension from City; and WHEREAS, under the Agreement, American Golf currently pays $72,000 annually for the operation of the property and an additional 10% of sales from green fees, cart rentals, and driving range, plus 6% of sales from pro shop, food and beverage sales; and WHEREAS, the parties have discussed further extending the Agreement through exercise of the City’s option but, in order to allow sufficient time to evaluate the requested extension and consider potential modifications to the Agreement, City desires to further extend the Agreement by sixty (60) days, and American Golf is willing to continue to perform such services; and WHEREAS, to avoid any interruption in operation or maintenance of the golf course, City staff recommends approval of an Amendment to the Agreement with American Golf to extend the Agreement by sixty (60) days to October 31, 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 an Amendment to the agreement with American Golf Corporation to extend the agreement by sixty (60) days to October 31, 2025. Section 2: That the City Clerk shall certify as to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Page 573 of 588 PASSED and ADOPTED this 19th day of August, 2025. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 574 of 588 10670 N. Central Expressway, Suite 700 • Dallas, Texas 75231 • Telephone (310) 664-4000 • www.americangolf.com February 27, 2025 VIA E-MAIL & OVERNIGHT MAIL City of National City 1243 National City Blvd National City, CA 91950 ATTN: Ben Martinez, City Manager RE: EXTENSION OF LEASE – Lease and Operating Agreement dated May 3, 1984 between City of National City and American Golf Corporation, as Amended (the “Lease”) Dear Mr. Martinez: Pursuant to the second paragraph of Section 3 of the Lease, American Golf respectfully requests the City offer the first of two additional 5-year option terms contemplated by this Section of the Lease (“City Option”). Please accept this letter as American Golf’s acceptance and exercise of said City Option, should City in its sole discretion wish to offer as contemplated in the Lease. The aforementioned Option term would commence on September 1, 2025 and expire on August 31, 2030. National City and American Golf have enjoyed a strong public-private partnership for many years with mutually successful performance under the Lease during the current term. The City Option period will provide the time for American Golf to invest capital on the pending (currently in plan check) bridge replacement project with an estimated cost of $350,000. We look forward to working with you to increase our already expanded community programming and to complete the main bridge replacement project. National City is a cherished community asset and we know the main bridge replacement will improve operations and dramatically enhance the customer experience. If you have any questions or would like to discuss further, please feel free to contact me at 703-772-3593. Page 575 of 588 Page 576 of 588 Amended Agreement Page 1 City of National City and American Golf Corporation AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN GOLF CORPORATION THIS AMENDMENT TO THE AGREEMENT is entered into this ____ day of August, 2025, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY” or “LANDLORD”), and AMERICAN GOLF CORPORATION (“TENANT”). RECITALS WHEREAS, the CITY and TENANT entered into a Lease and Operating Agreement for the Las Palmas Municipal Golf Couse on May 3, 1984 (the “Agreement”), wherein CITY leased real property to TENANT for operation of a golf course for an initial term of five (5) years, with the option to extend this term for up to seven (7) five-year extensions at the discretion of TENANT, plus two (2) additional five -year option periods at the discretion of CITY; and WHEREAS, on July 2, 1985, CITY and TENANT entered into an amendment to the Agreement to modify language related to the “Construction Period,” from which time the lease term would commence; and WHEREAS, TENANT exercised all seven (7) extensions at its discretion, extending the Agreement to August 31, 2025; and WHEREAS, the parties have discussed further extending the Agreement through exercise of LANDLORD’s option but, in order to allow sufficient time to evaluate compliance with the obligations of the Agreement and consider potential modifications to the Agreement, and to ensure continuation of golf course operations by TENANT in the interim, the CITY desires to further extend the Agreement by sixty (60) days , and the TENANT is willing to continue to perform such services; and WHEREAS, the parties desire to amend the Agreement by extending the term of the Agreement to October 31, 2025. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The May 3, 1984 Agreement is hereby amended to further extend the term of the Agreement by sixty (60) days to October 31, 2025. 2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the May 3, 1984 Agreement, as amended by prior amendments, shall remain in full force and effect. Page 577 of 588 Amended Agreement Page 2 City of National City and American Golf Corporation IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By:________________________ Ron Morrison, Mayor APPROVED AS TO FORM: By:___________________________ Barry J. Schultz City Attorney AMERICAN GOLF CORPORATION By: __________________________ Title:______________________ Page 578 of 588 AGENDA REPORT Department: Finance Prepared by: Rachelle Barrera, Finance Manager Meeting Date: Tuesday, August 19, 2025 Approved by: Scott W. Huth, Interim City Manager SUBJECT: Setting the FY 2026 Property Tax Rate for Library General Obligation Bonds RECOMMENDATION: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Setting the Fiscal Year 2026 Secured Property Tax Rate for the Library General Obligation Bonds at 0.00266 cent (0.00266%) per $100 of Assessed Valuation.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: In the Special Municipal Election held on March 5, 2002, more than two-thirds of National City's eligible voters approved the issuance of general obligation bonds to fund the construction of the new National City Library. In April 2003, the City issued the general obligation bonds (GO Bonds) in the aggregate principal amount of $6 million. Those bonds mature on August 1st of each of the years 2004 through 2028. Debt service payments on general obligation bonds are satisfied through a special property tax levy. In 2012, the City refinanced the bonds to lower the interest rate on the bonds and to decrease the tax burden required for repayment. Each year, the City must establish the tax rate to be applied to the assessed value of secured property, which generates the primary portion of the property tax revenue needed to be raised in order to service its annual bonded indebtedness. For fiscal year 2026, staff has calculated a secured property tax rate of 0.00266 cent per $100 of assessed value. Property tax revenues are also received based on the value of unsecured property, but at the rate set for secured property in the prior year. Also contributing to property tax revenues are assessments on mid-year changes in values (known as supplemental assessments) and State unitary tax allocations. Exhibit A provides a summary and certification of the secured and unsecured property tax requirements for the Library general obligation bonds debt service that will be provided to the County of San Diego Auditor & Controller for applying to the fiscal year 2026 property tax roll. FINANCIAL STATEMENT: Debt service payments for the GO Bonds for FY26 total $396,425. The Library Bonds Debt Service Fund has a fund balance of over $796,000. Fund balance in the Debt Service Fund will be the source of funding for the difference between property taxes raised and the amount of the debt service payment due. The recommended FY26 secured property tax rate of 0.00266 cent per $100 of assessed valuation is estimated to generate approximately $147,306 in property tax revenue. The rate for unsecured property, automatically set at the secured rate from FY 2026, will be 0.00284 cent per $100 of assessed valuation, which will generate approximately $8,358 in revenue. The combined total is $155,663. Page 579 of 588 RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Not Applicable ENVIRONMENTAL REVIEW: This is not a project under CEQA, and is therefore, not subject to environmental review. CCR15378; PRC 21065. PUBLIC NOTIFICATION: The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act ORDINANCE: Not Applicable EXHIBITS: Exhibit A – GO Bond Rate Calculation 2025-2026 Tax Roll Exhibit B - Resolution Page 580 of 588 Exhibit A 5,547,386,046$ 147,306$ 8,358 155,663$ 0.00266 I CERTIFY THAT THE ABOVE COMPUTED RATE IS A REASONABLE TAX RATE FOR THIS FUND 8/12/2025 Rachelle Barrera Date Finance Manager City of National City Amount to be raised from Unsecured Taxes* Total Rate to be applied to Secured Property * Estimate provided by County of San Diego Auditor & Controller and is calculated by applying the prior year's secured property tax rate of 0.00284 to the unsecured assessed valuation of $294,291,193 for FY2026. General Obligation Bond Debt Service (Fund 6065-50) Library Construction Secured Property Tax Rate Computation for Fiscal Year 2026 City of National City FY2026 Secured Assessed Valuation for Rate Computation Amount to be raised by taxes on Secured Real Property Page 581 of 588 RESOLUTION NO. 2025 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, SETTING THE FISCAL YEAR 2026 SECURED PROPERTY TAX RATE FOR THE LIBRARY GENERAL OBLIGATION BONDS AT 0.266 CENT (0.00266%) PER $100 OF ASSESSED VALUATION. WHEREAS, in the Special Municipal Election held on March 5, 2002, more than two-thirds of the City of National City's (“City”) eligible voters approved the issuance of General Obligation Bonds to fund the construction of the new National City Public Library; and WHEREAS, in April of 2003, the City issued the Library General Obligation Bonds in the aggregate principal amount of $6 million, which mature on August 1st of each of the years from 2004 through 2028 (the “Bonds”); and WHEREAS, in 2012, the City refinanced the Bonds to lower the interest rate on the Bonds and to decrease the tax burden required for repayment; and WHEREAS, the amount of principal and interest to be paid each year is generated through the proceeds of a special property tax levy; and WHEREAS, each year the City must establish the secured property tax rate that is needed to raise the revenue required to service its annual bonded indebtedness; and WHEREAS, for Fiscal Year 2026, staff recommends setting the secured property tax rate at 0.266 cent (0.00266%) per $100 of assessed value. 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 secured property tax rate for bonded indebtedness for Fiscal Year 2026 to be set at 0.266 cent (0.00266%) per $100 of secured assessed valuation. Section 2: That the City Clerk shall certify as to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 19th day of August, 2025. Ron Morrison, Mayor ATTEST: ________________________ Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 582 of 588 CITY COUNCIL ITEM REQUEST The City Council Item Request Form is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council Meeting Agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future City Council Meeting Agenda for action. Marcus Bush Requesting Member of City Council: Today’s Date: August 12, 2025 Is this matter considered Time-Sensitive by another entity deadline? Yes – State Legislator WRITTEN REQUEST I, Marcus Bush , hereby request that the following item be placed on the City of National City – City Council meeting agenda for consideration. Resolution to support Utility Affordability and Accountability Legislative Package. Page 583 of 588 (R-2025-667) -PAGE 1 OF 4- RESOLUTION NUMBER R-_________________ DATE OF FINAL PASSAGE _________________ A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN DIEGO SUPPORTING CALIFORNIA SENATE AND ASSEMBLY BILLS RELATING TO UTILITY AFFORDABILITY AND ACCOUNTABILITY FOR THE 2025-2026 CALIFORNIA LEGISLATURE REGULAR SESSION. RECITALS The Council of the City of San Diego (Council) adopts this Resolution based on the following: A. Rising utility rates in California continue to increase the cost of living for millions of residents. Bundled residential rates have increased since 2013 at an average annual rate greater than the assumed rate of inflation. During that period, Pacific Gas and Electric Company’s (PG&E) rates increased 12 percent with Southern California Edison (SCE) and San Diego Gas & Electric Company’s (SDG&E) rates increasing seven percent. Residents in San Diego County pay approximately $328 per month for electricity, totaling nearly $3,936 annually. This is about 62% higher than the national average. According to a 2023 California State Audit, SDG&E has the highest electricity rate of the large investor-owned-utilities in California, and, as of March 2023, more than 25 percent of SDG&E customers were more than 30 days behind on paying their utility bills. B. Proposed legislation currently in the California Senate and Assembly during the 2025-2026 session aim to lower utility costs and hold investor-owned utility companies accountable. The following are the pending state bills: 1. Senate Bill 330 (Padilla) authorizes the governor to establish pilot programs to explore more affordable ways to build out the additional electrical transmission needed to meet California’s climate goals; Page 584 of 588 (R-2025-667) -PAGE 2 OF 4- 2. Senate Bill 332 (Wahab) seeks to cap residential rate increases to align with the Consumer Price Index, prohibit utility shutoffs for vulnerable populations, mandate regular audits and timely replacement of aging infrastructure in high fire-risk areas, ties executive compensation to safety performance metrics, and commission a study to evaluate the feasibility of transitioning investor-owned utilities to public or nonprofit ownership models; 3. Senate Bill 500 (Stern) aims to enhance the alignment of electrical corporations’ operations with public policy goals by authorizing the California Public Utilities Commission (PUC) to evaluate and implement performance metrics and financial incentives that promote cost-effective, safe, and reliable electric service, while minimizing costs for ratepayers; 4. Senate Bill 24 (McNerney) prohibits investor-owned utilities, except as provided, from using rate payer funds for political influence activities, promotional advertising, or opposing the municipalization of electrical or gas service; 5. Senate Bill 636 (Menjivar) grants three-month hardship deferments to utility customers facing serious hardships like job loss, family death, or wildfires, which transition to manageable payment plans on any outstanding balances; 6. Senate Bill 254 (Becker) proposes various policies related to utilities, including changes to wildfire mitigation, the allocation to customers of the Climate Credit, electrical transmission infrastructure permitting and deployment, permitting of clean energy infrastructure, and electricity utility bills; 7. Assembly Bill 1167 (Berman and Addis) prohibits investor-owned utilities, except as provided, from using rate payer funds for lobbying, advertising, and other activities and other non-energy related expenses; Page 585 of 588 (R-2025-667) -PAGE 3 OF 4- 8. Assembly Bill 1020 (Schiavo) requires investor-owned utilities to report to the PUC any taxpayer funding that the utility has applied for or received, and requires each utility to promptly deliver the financial benefits of taxpayer funding to ratepayers; 9. Assembly Bill 1017 (Boerner) mandates that investor-owned utilities provide detailed historical data on distribution costs and returns as part of their general rate case filings; and 10. Assembly Bill 825 (Petrie-Norris) proposes a range of policies to address rising electric utility bills, including establishing a public financing mechanism to reduce costs associated with the development of eligible transmission projects, prohibiting investor-owned utilities from including $15 billion in undergrounding capital investments in their rate base for purposes of earning equity returns, creating a task force to evaluate energy efficiency and demand-side programs for customers, creating a new program to help local governments permit clean energy projects, and revising wildfire mitigation planning. C. Collectively, passage of these legislative bills will help lower costs, ensure fair electricity pricing, and advance equitable and affordable energy for residents across the state. D. The City’s support for these legislative bills is consistent with previous actions by the Council to ensure accountability by investor-owned utilities and reduce rates for San Diegans. For example, in November 2023, the Council adopted Resolution R-315214 (Nov. 14, 2023) calling on the PUC and its Public Advocates Office to implement improvements to oversight of gas and electric rates of public utilities to better protect customers from excessive utility rates. E. The Office of the City Attorney prepared this Resolution based on the information provided by City staff, with the understanding that this information is complete and accurate. Page 586 of 588 (R-2025-667) -PAGE 4 OF 4- ACTION ITEMS Be it resolved by the Council of the City of San Diego: 1. The Council declares its full support for Senate Bills 24, 254, 330, 500, and 636, and Assembly Bills 825, 1017, 1020, and 1167, pending before the California Legislature for the 2025-2026 regular session. 2. The Council requests the City’s Government Affairs Department staff transmit this Resolution to the City’s state lobbyists and other appropriate individuals to ensure this Resolution is received by state representatives and made part of the official record of support for Senate Bills 24, 254, 330, 500, and 636, and Assembly Bills 825, 1017, 1020, and 1167. APPROVED: HEATHER FERBERT, City Attorney By David J. Karlin Senior Deputy City Attorney DJK:cm July 18, 2025 Or.Dept: Council District 1 Doc. No. 4107674_2 I certify that the Council of the City of San Diego adopted this Resolution at a meeting held on ______________________________. DIANA J.S. FUENTES City Clerk By Deputy City Clerk Approved: (date) TODD GLORIA, Mayor Vetoed: (date) TODD GLORIA, Mayor Page 587 of 588 CITY COUNCIL ITEM REQUEST The City Council Item Request Form is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council Meeting Agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future City Council Meeting Agenda for action. Requesting Member of City Council: Marcus Bush Today’s Date: 8/12/2025 Is this matter considered Time-Sensitive by another entity deadline? 8/19/2025 WRITTEN REQUEST I, Marcus Bush, hereby request that the following item be placed on the City of National City – City Council meeting agenda for consideration. Activating Cultural Economic (ACE) Opportunities is a Chamber of Commerce initiative dedicated to celebrating National City’s heritage, fostering community pride, and creating inclusive spaces for all residents and visitors to connect through events like a Multi-Cultural Street Festival. ACE aims to spotlight local culture, talent, and traditions. Encouraging everyone to shop, dine, and explore The City of National City. ACE events will attract visitors from across San Diego County strengthening our cultural identity, increasing local business revenue, and positioning National City as a premier destination for arts, food, and culture. Vice Mayor Marcus Bush is requesting that the City Council receive a formal presentation from the National City Chamber of Commerce on the ACE Team program to explore opportunities for collaboration, including financial support to help launch this initiative. This investment will lay the foundation for ACE’s long-term success, enabling it to grow its impact, and ultimately operate as a self-sustaining program through event revenue and partnerships with private companies that share our vision of a thriving, and vibrant National City. Page 588 of 588