Agenda packet — La Mesa City Council, December 12, 2023

LA MESA CITY COUNCIL AND CITY OF LA MESA SUCCESSOR AGENCY AGENDA

A Regular Meeting of the City Council and a Special Meeting of the City of La Mesa Successor Agency

Date: Tuesday, December 12, 2023, 6:00 p.m.

Location: City Council Chambers, 8130 Allison Avenue
La Mesa, California
Elected
Officials:

Mayor Mark Arapostathis
Vice Mayor Laura Lothian
Councilmember Patricia N. Dillard
Councilmember Colin Parent
Councilmember Jack Shu
Staff: City Manager Greg Humora
City Attorney Glenn Sabine
City Clerk Megan Wiegelman
City Treasurer Matthew Strabone
The City Council meeting may be viewed in-person or live on Cox Cable Channel 24 (within La Mesa City limits), AT&T U-Verse Channel 99 (in the San Diego Region),the City’s website (www.cityoflamesa.us), Facebook Live (www.facebook.com/lamesaca) or using the following Zoom Webinar options:

The public may view the meeting live using the following remote options:

Teleconference Meeting Webinar
https://us06web.zoom.us/j/84472650722
Telephone (Audio only)
(669) 900-6833 or (253) 215-8782 Webinar ID: 844 7265 0722 Copy and paste the webinar link into your internet browser if the webinar link does not work directly from the agenda.

PUBLIC COMMENTS
In-Person comments during the meeting: Join us for the City Council meeting at the time and location specified on this agenda to make your comments. Please complete a “Request to Speak” card and submit it to the Council Hostess. When the Mayor calls your name, step to the podium and state your name for the record. Comments will be limited to three (3) minutes.
•
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Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until 24 hours prior to the meeting. eComments are limited to 500 words. eComments may be viewed by the City Council and members of the public following the close of the eComment submission period (24 hours prior to the meeting). Email your comment to [email protected] if you have difficulty submitting an eComment. eComments will not be read aloud as a regular meeting item; however any member of the Council or member of the public may do so during their respective comment time. •
PLEASE NOTE: Public Comment will be limited to 3 minutes per item. The timer begins when the participant begins speaking. Time cannot by combined or yielded to another speaker.

Citizens who wish to make an audio/visual presentation pertaining to an item on the agenda, or during Public Comments, should contact the City Clerk’s office at 619.667.1120, no later than 12:00 p.m., the Monday prior to the meeting day. Advance notification will ensure compatibility with City equipment and allow Council meeting presentations to progress smoothly and in a consistent and equitable manner. Please note that all presentations/digital materials are considered part of the maximum time limit provided to speakers.

Agenda reports for items on this agenda are available for public review at the City Clerk's Office, 8130 Allison Avenue, during normal business hours.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 8130 Allison Avenue, during normal business hours.

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ACCESSIBILITY: The City of La Mesa encourages the participation of disabled individuals in the services, activities and programs provided by the City. Individuals with disabilities, who require reasonable accommodation in order to participate in the City Council meetings, should contact the Administrative Services Department 48 hours prior to the meeting at 619.667.1175, fax 619.667.1163, or [email protected].

Hearing assisted devices are available for the hearing impaired. A City staff member is available to provide these devices upon entry to City Council meetings, commission meetings or public hearings held in the City Council Chambers. A photo i.d. or signature will be required to secure a device for the meeting.

Pages

1. CALL TO ORDER

1.1 INVOCATION - COUNCILMEMBER PARENT

1.2 PLEDGE OF ALLEGIANCE

2. CITY MANAGER COMMENTS

3. COMMUNITY BULLETIN REPORTS

4. ADDITIONS AND/OR DELETIONS TO THE AGENDA

5. PRESENTATION

5.1 EMPLOYEE RECOGNITION PRESENTATION

6. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
NOTE: 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 any action on the item at this meeting.

If appropriate, the item will be referred to Staff or placed on a future agenda.

7. CONFLICT DISCLOSURES

8. COUNCIL INITIATED

8.1 CONSIDERATION AND POSSIBLE ACTION TO REDIRECT STAFF TO

TERMINATE THE REQUEST FOR PROPOSALS FOR THE

PLACEMENT AND INSTALLATION OF DIGITAL BILLBOARDS IN THE

CITY (RFP) - MAYOR ARAPOSTATHIS AND VICE MAYOR LOTHIAN
7 9. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which members of the Council or audience may pull items from the CONSENT CALENDAR for discussion. Public Comments are also invited on Consent Calendar items.

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10. CONSENT CALENDAR - CITY COUNCIL
(Items 10.1 through 10.6)
The Consent Calendar includes items considered to be routine. Unless discussion is requested by members of the Council or audience, all Consent Calendar items may be approved by one motion.

Recommended Motion:

Approve Consent Calendar Items 10.1 through 10.6.

10.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT

OF ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Recommended Motion:

Approve.

10.2 SIDE LETTER AGREEMENTS TO AMEND SECTION 1.18.01

CAFETERIA PLAN OF THE LA MESA EMPLOYEES ASSOCIATION,
THE HEARTLAND FIREFIGHTERS OF LA MESA LOCAL #4759, AND

THE LA MESA POLICE OFFICERS' ASSOCIATION MEMORANDUM

OF UNDERSTANDINGS
8 AND AMEND SECTION 1.13 VACATIONS TO THE LA MESA

EMPLOYEES ASSOCIATION MEMORANDUM OF UNDERSTANDING
Staff Reference: Ms. Lee
Recommended Motion:

Adopt Resolutions.
a. RESOLUTION APPROVING A SIDE LETTER AGREEMENT
TO AMEND SECTION 1.13 "VACATIONS" AND SECTION

1.18.01 "CAFETERIA PLAN" OF THE 2022-2025

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN

THE CITY OF LA MESA AND THE LA MESA FIRE AND

POLICE OFFICERS ASSOCIATION
Recommended Motion:

Adopt Resolution.
b. RESOLUTION APPROVING A SIDE LETTER AGREEMENT
TO AMEND SECTION 1.13 "VACATIONS" AND SECTION

1.18.01 "CAFETERIA PLAN" OF THE 2022-2025

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN

THE CITY OF LA MESA AND THE LA MESA CITY

EMPLOYEES' ASSOCIATION (LMCEA)
Recommended Motion:

Adopt Resolution.

10.3 RESOLUTION TO AWARD BID 19-19 RENEWAL OPTION 4, TYPE B

ASPHALT CONCRETE, TO MARTIN MARIETTA
28 Staff Reference: Mr. Throne

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Recommended Motion:

Adopt Resolution.

10.4 RESOLUTION REJECTING BID NO. 24-01, BOULEVARD DRIVE

STORM DRAIN IMPROVEMENT PROJECT
34 Staff Reference: Mr. Throne
Recommended Motion:

Adopt Resolution.

10.5 RESOLUTION ACCEPTING THE LOW BIDDER FOR BID 24-03 AND

AWARDING A CONSTRUCTION CONTRACT FOR THE FIRE
STATION 13 FENCE PROJECT TO MASONRY MAVENS, INC.
37 Staff Reference: Mr. Throne
Recommended Motion:

Adopt Resolution.

10.6 RESOLUTION TO AWARD A CONTRACT TO ON DUTY HEALTH, LLC

FOR HEALTH AND FITNESS ASSESSMENT SERVICES
43 Staff Reference: Chief Koch
Recommended Motion:

Adopt Resolution.

11. CONSENT CALENDAR - SUCCESSOR AGENCY
(Item 11.1)
Recommended Motion:

Approve Consent Calendar Item 11.1.

11.1 RESOLUTIONS OF THE SUCCESSOR AGENCY TO THE LA MESA

COMMUNITY REDEVELOPMENT AGENCY
64 Staff Reference: Ms. Royales
Recommended Motion:

Adopt Resolutions.
a. RESOLUTION APPROVING THE ADMINISTRATIVE BUDGET
FOR THE 12-MONTH FISCAL YEAR PERIOD FROM JULY 1,
2024 THROUGH JUNE 30, 2025 (ROPS 24-25 PERIOD) AND

APPROVING RELATED ACTIONS
Recommended Motion:

Adopt Resolution.

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b. RESOLUTION APPROVING AND ADOPTING THE

RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS
24-25) FOR THE 12-MONTH FISCAL YEAR PERIOD FROM
JULY 1, 2024 THROUGH JUNE 30, 2025 AND APPROVING

RELATED ACTIONS
Recommended Motion:

Adopt Resolution.

12. ORDINANCE: FIRST READING

12.1 CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADDING CHAPTER 6.07 TO THE LA MESA

MUNICIPAL CODE REQUIRING THE LICENSING OF TOBACCO

RETAILERS
86 Staff Reference: Ms. Lee
Recommended Motion:

Approve the introduction and first reading of the Ordinance.

12.2 CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA REPEALING CHAPTER 3.24 OF THE LA

MESA MUNICIPAL CODE RELATED TO PERSONNEL MATTERS IN

ITS ENTIRETY
99 Staff Reference: Ms. Lee
Recommended Motion:

Approve the introduction and first reading of the Ordinance.

13. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)

14. AB 1234 REPORTS (GC 53232.3 (d))

15. CITY ATTORNEY REMARKS

16. ADJOURNMENT

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DATE: December 12, 2023
TO: City Council
FROM: Mayor Mark Arapostathis and Vice Mayor Laura Lothian VIA: Greg Humora, City Manager
SUBJECT: CONSIDERATION AND POSSIBLE ACTION TO REDIRECT STAFF TO

TERMINATE THE REQUEST FOR PROPOSALS FOR THE

PLACEMENT AND INSTALLATION OF DIGITAL BILLBOARDS IN THE

CITY (RFP)
On September 26, 2023 the Council directed staff to develop and circulate the RFP subject to certain conditions. After considering substantial citizen commentary and careful evaluation regarding this matter, we believe that the placement and installation of digital billboards in La Mesa is inappropriate at this time.

Therefore, rather than expend valuable staff time, resources and effort processing the RFP, we request that the Council immediately (at this meeting) redirect staff to terminate the RFP and all related actions.

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REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: December 12, 2023
SUBJECT: SIDE LETTER AGREEMENTS TO AMEND SECTION

1.18.01 CAFETERIA PLAN OF THE LA MESA

EMPLOYEES ASSOCIATION, THE HEARTLAND
FIREFIGHTERS OF LA MESA LOCAL #4759, AND THE
LA MESA POLICE OFFICERS’ ASSOCIATION

MEMORANDUM OF UNDERSTANDINGS AND AMEND
SECTION 1.13 VACATIONS TO THE LA MESA

EMPLOYEES ASSOCIATION MEMORANDUM OF

UNDERSTANDING
ISSUING DEPARTMENT: City Manager
SUMMARY:

Issues:

1. Should the City Council adopt the attached resolution approving side letters to the 2023-2026 Memorandum of Understanding (MOU) between the City of La Mesa and the Heartland Firefighters of La Mesa Local #4759 (Fire), and the 2020-2024 Memorandum of Understanding between the City of La Mesa and the La Mesa Police Officers’ Association (POA) to increase the City’s contribution to employees’ cafeteria style benefit plans?

2. Should the City Council adopt the attached resolution approving a side letter to the 2022-2025 Memorandum of Understanding between the City of La Mesa and the La Mesa City Employees’ Association (LMCEA) to increase the City’s contribution to employees’ cafeteria style benefit plans, and remove a provision requiring six months of employment prior to vacation time being earned or accrued?
Recommendation:

1. That the City Council adopt the resolution approving the Fire MOU side letter and the POA MOU side letter to increase City’s contribution to employees’ cafeteria style benefit plans

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Report to Mayor and Councilmembers
Date: December 12, 2023
Page: 2 of 4

2. That the City Council adopt the resolution approving the LMCEA MOU side letter to increase City’s contribution to employees’ cafeteria style benefit plans and remove a provision requiring six months of employment prior to vacation time being earned or accrued
Fiscal Impact:

Staff’s recommendation will increase the City’s Cafeteria Plan contribution for Calendar Year 2024 by $131,820. Staff recommends allocating $70,000 from the Fiscal Year 2023/24 General Fund reserves and $70,000 from the Fiscal Year 2024/25 General Fund reserves to provide sufficient funding for the recommended increases.

City’s Strategic Goals:
 Ensure a strong financial outlook through careful planning, sustainable service levels, and fiscal sustainability.
 Nurture an organizational culture where employees are recognized for the delivery of high-quality services to the community.

DISCUSSION:

Amend Section 1.18.01 Cafeteria Plan. The City contracts with California Public Employees' Retirement System (CalPERS) for medical insurance, which offers 10 different medical plans. The medical premium rates are established annually by CalPERS and are provided to the City in early fall. For calendar year 2024, the medical premium rates are averaging an increase of over 10%. The City provides employees with a monthly stipend to purchase medical, dental and vision insurance for themselves and their eligible dependents. The City’s contribution amount varies based on the amount negotiated with each employee association (Fire, LMCEA, POA). Beginning January 1, 2024, the City’s contribution amount will be different for each employee association, as shown below:
2024 Currently Scheduled City Contribution Amount
Employee Only Employee+1 Family
Fire $ 744.72 $ 1,269.32 $ 1,654.58
LMCEA $ 724.72 $ 1,249.32 $ 1,634.58
POA $ 704.72 $ 1,219.32 $ 1,594.58

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Report to Mayor and Councilmembers
Date: December 12, 2023
Page: 3 of 4
In an effort to improve employee recruitment and retention as well as streamline City processes and lessen the financial burden of increased medical premiums, representatives from the City have met and conferred with Fire, LMCEA, and POA, and have reached an agreement concerning City contribution amounts. If approved, beginning January 1, 2024, the City Contribution amounts will increase to the amount listed below for all three employee associations:

Employee Only Employee+1 Family
Proposed 2024 $ 754.72 $ 1,294.32 $ 1,694.58
Additionally, representatives from the City and each employee association have agreed to meet and confer in March 2024 to discuss changes, if any, to the monthly contribution for the cafeteria benefit plan for subsequent years beginning with contributions that are effective January 1, 2025.

Amend Section 1.13 Vacations of the LMCEA MOU. Currently there is a provision in the LMCEA MOU that employees are unable to earn or accrue vacation for the first six months of employment. To assist with recruitment and retention of employees, City representatives and LMCEA met and conferred, and have reached an agreement to remove the six-month waiting period provision. If approved, LMCEA employees will begin to earn and accrue vacation on date of hire.

The La Mesa Municipal Code has language that restricts employees from earning and accruing vacation for six months. Staff has prepared a first reading of an Ordinance to repeal that Section, which is also being considered by City Council.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Amanda Lee
City Manager Assistant City Manager
Attachments: A. Redline Version - Side Letter Agreement Amending the 2023- 2026 Memorandum of Understanding Between the City of La Mesa and the Heartland Firefighters of La Mesa Local #4759 B. Clean Version - Side Letter Agreement Amending the 2023-2026 Memorandum of Understanding Between the City of La Mesa and the Heartland Firefighters of La Mesa Local #4759

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Report to Mayor and Councilmembers
Date: December 12, 2023
Page: 4 of 4
C. Redline Version - Side Letter Agreement Amending the 2022- 2025 Memorandum of Understanding Between the City of La Mesa Employee Association
D. Clean Version - Side Letter Agreement Amending the 2022-2025 Memorandum of Understanding Between the City of La Mesa Employee Association
E. Side Letter Agreement Amending the 2020-2024 Memorandum of Understanding Between the City of La Mesa Employee
Association
E. Side Letter Agreement Amending the 2020-2024 Memorandum of Understanding Between the City of La Mesa Employee
Association

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SIDE LETTER AGREEMENT AMENDING
THE 2023-2026 MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF LA MESA AND
THE HEARTLAND FIREFIGHTERS OF LA MESA LOCAL #4759
WHEREAS, on June 27, 2023, the City of La Mesa (“City”) and the Heartland Firefighters of La Mesa Local #4759 (“Fire Union”) executed a Memorandum of Understanding (“MOU”) for the period July 1, 2023 through June 30, 2026;
WHEREAS, included in the MOU is a provision providing Fire Union members with a monthly cafeteria contribution from the City for health insurance, dental insurance, flexible spending accounts, and other cafeteria plan options that may be provided by the City; WHEREAS, the City and Fire Union, by mutual written consent, desire to increase the City’s monthly cafeteria contribution to Fire Union members beginning the first full pay period beginning on or after January 1, 2024;
WHEREAS, the City and Fire Union desire to amend the terms of the MOU stated herein subject to ratification by the Fire Union and the City Council; and NOW, THEREFORE, the City and Fire Union agree as follows:

Section 1.18.01 (Cafeteria Plan) is amended to read as follows:

SECTION 1.18.01 CAFETERIA PLAN
The CITY agrees to provide a cafeteria style benefit plan for all EMPLOYEES. The CITY’s current monthly cafeteria contributions are:
 Employee Only: $704.72
 Employee + 1: $1,219.32
 Family: $1,594.58
 Effective with the first full pay period beginning on or after January 1,2024, the following additional monthly contributions shall be added to the current monthly cafeteria benefit plan amounts:

 Employee Only: Additional $40/mo.
 Employee + 1: Additional $50/mo.
 Family: Additional $6
Effective with the first full pay period beginning on or after January 1, 2024, the monthly cafeteria benefit plan contribution shall be:
 Employee Only: $754.72
 Employee + 1: $1,294.32
 Family: $1,694.58
The cafeteria benefit plan contribution amounts for calendar years 2025 and 2026, as stated below, will be applicable if the Cafeteria Plan Reopener meet and confer, referenced below, does not result in any changes.

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Effective with the first full pay period beginning on or after January 1, 2025, the following additional monthly contributions shall be added to the 2024 monthly cafeteria benefit plan amounts:
 Employee Only: Additional $40/mo.
 Employee + 1: Additional $50/mo.
 Family: Additional $60/mo.

Effective with the first full pay period beginning on or after January 1, 2026, the following additional monthly contributions shall be added to the 2025 monthly cafeteria benefit plan amounts:
 Employee Only: Additional $40/mo.
 Employee + 1: Additional $50/mo.
 Family: Additional $60/mo.

The allocation shall be used to pay for the benefits in the cafeteria plan selected by the EMPLOYEE, to include health insurance, dental insurance, and flexible spending accounts and other options as the CITY may make available. In the event that the total cost of benefits selected exceeds the allowance, the difference shall be deducted from the EMPLOEE’s salary as a payroll deduction.

In the event that the total cost of benefits or flexible spending accounts is less than the cafeteria allotment, the EMPLOYEE will receive the balance in the form of cash (less all applicable taxes). An EMPLOYEE who has met the requirements stated in Section 1.15 and elects not to be covered under City-provided medical insurance, or UNION-sponsored medical insurance that has been approved by the CITY, shall receive an allotment of $100 per month for other cafeteria benefits.

CAFETERIA PLAN REOPENER
The CITY and UNION agree to meet and confer in March 2024 to discuss changes, if any, to the monthly contribution for the cafeteria benefit plan for subsequent years beginning with contributions that are effective January 1, 2025.

AFFORDABLE CARE ACT (ACA) REOPENER ON HEALTH INSURANCE
The City may reopen negotiations on the issue of health insurance or the cafeteria plan in order to avoid penalties or taxes under the ACA that may result from an interpretation of the ACA by an agency of the Federal Government (including, but not limited to, a revenue ruling, regulation or other written guidance) or a ruling by a court of competent jurisdiction.

Except as expressly modified in this side letter herein, all terms and conditions of the MOU shall remain in full force and effect.

CITY OF LA MESA: HEARTLAND FIREFIGHTERS OF LA
MESA LOCAL #4759:
_______________________ _______________________
Amanda Lee, Lead Negotiator Domenic Provence
Interim Director of Administrative Services President

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SIDE LETTER AGREEMENT AMENDING
THE 2023-2026 MEMORANDUM OF UNDERSTANDING BETWEEN

Section 1.18.01 (Cafeteria Plan) is amended to read as follows:

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Except as expressly modified in this side letter herein, all terms and conditions of the MOU shall remain in full force and effect.

CITY OF LA MESA: HEARTLAND FIREFIGHTERS OF LA
MESA LOCAL #4759:

Amanda Lee, Lead Negotiator Domenic Provence
Interim Director of Administrative Services President

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SIDE LETTER AGREEMENT AMENDING
THE 2022-2025 MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF LA MESA AND
THE LA MESA CITY EMPLOYEES’ ASSOCIATION
WHEREAS, on June 14, 2022, the City of La Mesa (“City”) and the La Mesa City Employees’ Association (“LMCEA”) executed a Memorandum of Understanding (“MOU”) for the period July 1, 2022 through June 30, 2025;
WHEREAS, included in the MOU is a provision that vacation leave by LMCEA members shall not be earned or accrued during the first six months of employment; WHEREAS, the City and LMCEA, by mutual written consent, desire to eliminate the sixmonth provision to earn or accrue vacation leave; WHEREAS, included in the MOU is a provision providing LMCEA members with a monthly cafeteria contribution from the City for health insurance, dental insurance, flexible spending accounts, and other cafeteria plan options that may be provided by the City; WHEREAS, the City and LMCEA, by mutual written consent, desire to increase the City’s monthly cafeteria contribution to LMCEA members beginning the first full pay period beginning on or after January 1, 2024;
WHEREAS, the City and LMCEA desire to amend the terms of the MOU stated herein subject to ratification by LMCEA and the City Council; and NOW, THEREFORE, the City and LMCEA agree as follows:

Section 1.13 Vacations is amended to read as follows:

SECTION 1.13 VACATIONS
EMPLOYEES of the City of La Mesa shall earn paid vacation as follows:

Vacation Hours Accrual Rate
Years of Service Authorized Per Year Per Pay Period
0-60 months 80 3.077
61-120 months 120 4.615
Over 120 months 160 6.154
Vacations will be scheduled to meet the operating requirements of the CITY and the preference of the EMPLOYEE.

Except in an emergency situation (an unpredictable event) approved by the immediate supervisor, vacation time off must be requested and approved at least 24-hours before the vacation begins.

However, notice requirements will increase for requests for longer periods of vacation as follows:
• Forty-eight (48) hours' notice required for requests of two (2) to three (3) days • Two (2) weeks' notice required for requests of four (4) or more days

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Vacation leave shall not be earned or accrued during the first six months of employment. Upon six months of employment, the equivalent of six months of vacation accrual shall be posted and available, and vacation shall accrue thereafter according to the schedule outlined above.

Employees must serve six (6) months of continuous service as permanent employees, to be eligible to utilize accrued vacation leave. The Department Director or the Director’s designee may authorize an employee to take accrued vacation earlier if, in the Director’s or Director’s designee’s judgment, there are valid reasons to conclude that it is in the best interests of the City and the employee that an exception be granted.

Vacations shall be taken in consecutive working days unless otherwise authorized by the department head.

Any holiday, with the exception of floating holidays falling within a vacation period, shall be used during the vacation period and recorded as holiday time. Floating holidays may be taken pursuant to Section 1.12 - Holidays.

The CITY encourages the use of vacation leave on an annual basis. Once an EMPLOYEE reaches his/her maximum accumulation of vacation hours (two and one-half (2.5) times the annual allowance), he/she will not accumulate additional vacation until the vacation time is reduced below the maximum allowable. Accruals will begin when the balance is reduced below the maximum accumulation unless prior approval is obtained from the City Manager and the City Manager has determined that the needs of the CITY require a reasonable extension of time for the EMPLOYEE to use the excess vacation time. In no event shall an EMPLOYEE fail to accrue vacation time due to the needs of the CITY.

EMPLOYEES in the CITY'S service for six (6) months or more shall, upon separation, be paid in cash for their accumulated vacation.

EMPLOYEES who separate from the CITY’S service shall be paid in cash for their accumulated vacation.

Section 1.18.01 (Cafeteria Plan) is amended to read as follows:

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Effective with the first full pay period beginning on or after January 1, 2024, the monthly cafeteria benefit plan contribution shall be:
 Employee Only: Additional $20/mo. ($724.72)
 Employee + 1: Additional $30/mo. ($1,249.32)
 Family: Additional $40/mo. ($1,634.58)
Effective with the first full pay period beginning on or after January 1, 2024, the monthly cafeteria benefit plan contribution shall be:
 Employee Only: $754.72
 Employee + 1: $1,294.32
 Family: $1,694.58
The allocation shall be used to pay for the benefits in the cafeteria plan selected by the EMPLOYEE, to include health insurance, dental insurance, and flexible spending accounts and other options that may be provided by the CITY. In the event that the total cost of benefits selected exceeds the allowance, the difference shall be deducted from the EMPLOYEE’s salary as a payroll deduction.

An EMPLOYEE who has met the requirements stated in Section 1.15 and elects not to be covered under CITY provided medical insurance shall receive an allotment of $115 per month for other cafeteria benefits.

In the event that the total cost of benefits or flexible spending accounts is less than the cafeteria allotment, the EMPLOYEE will receive the balance in the form of cash (less all applicable taxes).

CAFETERIA PLAN REOPENER
The CITY and ASSOCIATION agree to meet and confer in March 2024 to discuss changes, if any, to the monthly contribution for the cafeteria benefit plan for subsequent years beginning with contributions that are effective January 1, 2025.

AFFORDABLE CARE ACT (ACA) REOPENER ON HEALTH INSURANCE
The CITY may reopen negotiations on the issue of health insurance or the cafeteria plan in order to avoid penalties or taxes under the ACA that may result from an interpretation of the ACA by the Internal Revenue Service (including, but not limited to, a revenue ruling, regulation or other written guidance) or a ruling by a court of competent jurisdiction.

Except as expressly modified in this side letter herein, all terms and conditions of the MOU shall remain in full force and effect.

CITY OF LA MESA: LA MESA CITY EMPLOYEES’
ASSOCIATION:
_______________________ _______________________
Amanda Lee, Lead Negotiator Shawn Boyd, Association President Interim Director of Administrative Services Public Works Crew Leader

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SIDE LETTER AGREEMENT AMENDING
THE 2022-2025 MEMORANDUM OF UNDERSTANDING BETWEEN

Section 1.13 Vacations is amended to read as follows:

SECTION 1.13 VACATIONS
EMPLOYEES of the City of La Mesa shall earn paid vacation as follows:

Except in an emergency situation (an unpredictable event) approved by the immediate supervisor, vacation time off must be requested and approved at least 24-hours before the vacation begins.

However, notice requirements will increase for requests for longer periods of vacation as follows:
 Forty-eight (48) hours' notice required for requests of two (2) to three (3) days  Two (2) weeks' notice required for requests of four (4) or more days

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Vacations shall be taken in consecutive working days unless otherwise authorized by the department head.

EMPLOYEES who separate from the CITY’S service shall be paid in cash for their accumulated vacation.

Section 1.18.01 (Cafeteria Plan) is amended to read as follows:

SECTION 1.18.01 CAFETERIA PLAN
The CITY agrees to provide a cafeteria style benefit plan for all EMPLOYEES. The CITY’s current monthly cafeteria contributions are:
 Employee Only: $684.72
 Employee + 1: $1,189.32
 Family: $1,554.58
Effective with the first full pay period beginning on or after January 1, 2023, the following additional monthly contributions shall be added to the current monthly cafeteria benefit plan amounts:
 Employee Only: Additional $20/mo. ($704.72)
 Employee + 1: Additional $30/mo. ($1,219.32)
 Family: Additional $40/mo. ($1,594.58)
Effective with the first full pay period beginning on or after January 1, 2024, the monthly cafeteria benefit plan contribution shall be:
 Employee Only: $754.72
 Employee + 1: $1,294.32
 Family: $1,694.58

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The allocation shall be used to pay for the benefits in the cafeteria plan selected by the EMPLOYEE, to include health insurance, dental insurance, and flexible spending accounts and other options that may be provided by the CITY. In the event that the total cost of benefits selected exceeds the allowance, the difference shall be deducted from the EMPLOYEE’s salary as a payroll deduction.

In the event that the total cost of benefits or flexible spending accounts is less than the cafeteria allotment, the EMPLOYEE will receive the balance in the form of cash (less all applicable taxes).

Except as expressly modified in this side letter herein, all terms and conditions of the MOU shall remain in full force and effect.

CITY OF LA MESA: LA MESA CITY EMPLOYEES’
ASSOCIATION:

Amanda Lee, Lead Negotiator Shawn Boyd, Association President Interim Director of Administrative Services Public Works Crew Leader

Page 21 of 102 ends

SIDE LETTER AGREEMENT AMENDING
THE 2020-2024 MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF LA MESA AND
THE LA MESA POLICE OFFICERS’ ASSOCIATION
WHEREAS, on June 22, 2021, the City of La Mesa (“City”) and the La Mesa Police Officers’ Association (“POA”) executed a Memorandum of Understanding (“MOU”) for the period July 1, 2020 through June 30, 2024;
WHEREAS, included in the MOU is a provision providing POA members with a monthly cafeteria contribution from the City for health insurance, dental insurance, flexible spending accounts, and other cafeteria plan options that may be provided by the City; WHEREAS, the City and POA, by mutual written consent, desire to increase the City’s monthly cafeteria contribution to POA members beginning the first full pay period beginning on or after January 1, 2024;
WHEREAS, the City and POA desire to amend the terms of the MOU stated herein subject to ratification by the POA and the City Council; and
NOW, THEREFORE, the City and POA agree as follows:

Section 1.18.01 (Cafeteria Plan) is amended to read as follows:

SECTION 1.18.01 CAFETERIA PLAN
The CITY agrees to provide a cafeteria style benefit plan for all EMPLOYEES. The CITY’s current monthly cafeteria contributions are:

Employee Only Employee +1 Family
$644.72 $1,129.32 $1,474.58
 Employee Only: $644.72
 Employee + 1: $1,129.32
 Family: $1,474.58
Effective with the second pay period in December 2021, the following additional monthly contributions shall be added to the current monthly cafeteria benefit plan amounts:
 Employee Only: Additional $20/mo. ($664.72)
 Employee + 1: Additional $30/mo. ($1,159.32)
 Family: Additional $40/mo. ($1,514.58)
Effective with the second pay period in December 2022, the following additional monthly contributions shall be added to the 2022 monthly cafeteria benefit plan amounts:
 Employee Only: Additional $20/mo. ($684.72)
 Employee + 1: Additional $30/mo. ($1,189.32)
 Family: Additional $40/mo. ($1,554.58)
Effective with the second pay period in December 2023, the following additional monthly contributions shall be added to the 2023 monthly cafeteria benefit plan amounts:
 Employee Only: Additional $20/mo. ($704.72)

Page 22 of 102 ends

 Employee + 1: Additional $30/mo. ($1,219.32)
 Family: Additional $40/mo. ($1,594.58)
Effective with the first full pay period beginning on or after January 1, 2024, the monthly cafeteria benefit plan contribution shall be:
 Employee Only: $754.72
 Employee + 1: $1,294.32
 Family: $1,694.58
The allocation shall be used to pay for the benefits in the cafeteria plan selected by the EMPLOYEE, to include health insurance, dental insurance, and flexible spending accounts and other options that the CITY may make available. In the event that the total cost of benefits selected exceeds the allowance, the difference shall be deducted from the EMPLOEE’s salary as a payroll deduction.

In the event that the total cost of benefits or flexible spending accounts is less than the cafeteria allotment, the EMPLOYEE will receive the balance in the form of cash (less all applicable taxes). An EMPLOYEE who has met the requirements stated in Section 1.15 and elects not to be covered under City-provided medical insurance shall receive an allotment of $115 per month for other cafeteria benefits.

AFFORDABLE CARE ACT (ACA) REOPENER ON HEALTH INSURANCE
The City may reopen negotiations on the issue of health insurance or the cafeteria plan in order to avoid penalties or taxes under the ACA that may result from an interpretation of the ACA by the Internal Revenue Service (including, but not limited to, a revenue ruling, regulation or other written guidance) or a ruling by a court of competent jurisdiction.

Except as expressly modified in this side letter herein, all terms and conditions of the MOU shall remain in full force and effect.

CITY OF LA MESA: LA MESA POLICE OFFICERS’
ASSOCIATION:
_______________________ _______________________
Name Name
Title Title
_______________________ _______________________
Name Name
Title Title
_______________________ _______________________
Name Name
Title Title

Page 23 of 102 ends

SIDE LETTER AGREEMENT AMENDING
THE 2020-2024 MEMORANDUM OF UNDERSTANDING BETWEEN

Section 1.18.01 (Cafeteria Plan) is amended to read as follows:

SECTION 1.18.01 CAFETERIA PLAN
The CITY agrees to provide a cafeteria style benefit plan for all EMPLOYEES. The CITY’s current monthly cafeteria contributions are:
 Employee Only: $644.72
 Employee + 1: $1,129.32
 Family: $1,474.58
Effective with the second pay period in December 2021, the following additional monthly contributions shall be added to the current monthly cafeteria benefit plan amounts:
 Employee Only: Additional $20/mo. ($664.72)
 Employee + 1: Additional $30/mo. ($1,159.32)
 Family: Additional $40/mo. ($1,514.58)
Effective with the second pay period in December 2022, the following additional monthly contributions shall be added to the 2022 monthly cafeteria benefit plan amounts:
 Employee Only: Additional $20/mo. ($684.72)
 Employee + 1: Additional $30/mo. ($1,189.32)
 Family: Additional $40/mo. ($1,554.58)
Effective with the first full pay period beginning on or after January 1, 2024, the monthly cafeteria benefit plan contribution shall be:
 Employee Only: $754.72
 Employee + 1: $1,294.32
 Family: $1,694.58

Page 24 of 102 ends

The allocation shall be used to pay for the benefits in the cafeteria plan selected by the EMPLOYEE, to include health insurance, dental insurance, and flexible spending accounts and other options that the CITY may make available. In the event that the total cost of benefits selected exceeds the allowance, the difference shall be deducted from the EMPLOEE’s salary as a payroll deduction.

In the event that the total cost of benefits or flexible spending accounts is less than the cafeteria allotment, the EMPLOYEE will receive the balance in the form of cash (less all applicable taxes). An EMPLOYEE who has met the requirements stated in Section 1.15 and elects not to be covered under City-provided medical insurance shall receive an allotment of $115 per month for other cafeteria benefits.

AFFORDABLE CARE ACT (ACA) REOPENER ON HEALTH INSURANCE
The City may reopen negotiations on the issue of health insurance or the cafeteria plan in order to avoid penalties or taxes under the ACA that may result from an interpretation of the ACA by the Internal Revenue Service (including, but not limited to, a revenue ruling, regulation or other written guidance) or a ruling by a court of competent jurisdiction.

Except as expressly modified in this side letter herein, all terms and conditions of the MOU shall remain in full force and effect.

CITY OF LA MESA: LA MESA POLICE OFFICERS’
ASSOCIATION:

Amanda Lee, Lead Negotiator William Wilson
Interim Director of Administrative Services President

Page 25 of 102 ends

RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
APPROVING A SIDE LETTER AGREEMENT TO AMEND SECTION 1.13 “VACATIONS” AND SECTION 1.18.01 “CAFETERIA PLAN” OF THE 2022-2025

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF
LA MESA AND THE LA MESA CITY EMPLOYEES’ ASSOCIATION (LMCEA) __________________________________________________________ WHEREAS, on June 14, 2022, the City of La Mesa (“City”) and the La Mesa City Employees’ Association (“LMCEA”) executed a Memorandum of Understanding (“MOU”) for the period July 1, 2022 through June 30, 2025; and
WHEREAS, authorized representatives of the City of La Mesa have met and conferred with representatives of FIRE and POA and as a result of the meet and confer process a Letter of Agreement has been reached with the representatives of FIRE and POA for implementing changes to Section 1.18.01 “Cafeteria Plan” to their respective MOUs.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Mesa that:

1. The Letter of Agreement by and between the City of La Mesa representatives and the representatives of FIRE and POA, a copy which is on file and available for inspection in the Office of the City Clerk and incorporated herein by reference, is hereby approved.

2. The City Manager is hereby directed and authorized to take all necessary and appropriate action with respect to implementation of the terms and conditions of the Letter of Agreement.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12th day of December 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, Megan Wiegelman, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote herein recited.

MEGAN WIEGELMAN, City Clerk
(SEAL OF CITY)

Page 26 of 102 ends

RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
APPROVING A SIDE LETTER AGREEMENT TO AMEND SECTION 1.13 “VACATIONS” AND SECTION 1.18.01 “CAFETERIA PLAN” OF THE 2022-2025

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF LA MESA AND THE LA MESA CITY EMPLOYEES’ ASSOCIATION (LMCEA) __________________________________________________________ WHEREAS, on June 14, 2022, the City of La Mesa (“City”) and the La Mesa City Employees’ Association (“LMCEA”) executed a Memorandum of Understanding (“MOU”) for the period July 1, 2022 through June 30, 2025; and
WHEREAS, authorized representatives of the City of La Mesa have met and conferred with representatives of the LMCEA, and as a result of the meet and confer process a Letter of Agreement has been reached to implement changes to Section 1.13 “Vacations” and Section

1.18.01 “Cafeteria Plan” to the MOU.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Mesa that:

1. The Letter of Agreement by and between the City of La Mesa representatives and the representatives of the LMCEA, a copy which is on file and available for inspection in the Office of the City Clerk and incorporated herein by reference, is hereby approved.

2. The City Manager is hereby directed and authorized to take all necessary and appropriate action with respect to implementation of the terms and conditions of the Letter of Agreement.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12th day of December 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

MEGAN WIEGELMAN, City Clerk
(SEAL OF CITY)

Page 27 of 102 ends

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: December 12, 2023
SUBJECT: RESOLUTION TO AWARD BID 19-19 RENEWAL
OPTION 4, TYPE B ASPHALT CONCRETE, TO

MARTIN MARIETTA
ISSUING DEPARTMENT: Public Works
SUMMARY:

Issues:

Should the City Council adopt the resolution to award Bid 19-19 Renewal Option 4, Type B Asphalt Concrete, to Martin Marietta?
Recommendation:

That the City Council adopt the resolution to award Bid 19-19 Renewal Option 4, Type B Asphalt Concrete, to Martin Marietta.

Fiscal Impact:

There is no fiscal impact from this award.

City’s Strategic Goals:
 Invest in infrastructure to serve the needs of the community BACKGROUND:

Asphalt is utilized for the City’s in-house street resurfacing and repair patching programs. Bid 19-19 was issued in 2019 as a cooperative bid lead by the City of La Mesa, which combined the quantities of nine agencies to obtain savings with volume bidding and fixed pricing on an annual basis. The nine agencies are the cities of La Mesa, Carlsbad, Chula Vista, El Cajon, National City, San Marcos and Santee, the San Diego Unified School District and the San Dieguito Water District. Superior Ready-Mix Concrete and California Commercial Asphalt (now Martin Marietta) had the lowest responsive bids that included materials in each of the three sections in the bid.

Evaluation of the bids was based on the total cost of each material in each section and

Page 28 of 102 ends

Report to Mayor and Councilmembers
Date: December 12, 2023
Page: 2 of 2
a haul distance penalty for materials to be picked up. The penalty allows staff to include consideration of expenses incurred by the round-trip haul distance from their respective public works facilities to the vendors’ plants.

DISCUSSION:

The bid allowed for four one-year renewal options and required that pricing changes each option year were limited to the Producer Price Index (PPI) for the commodities as determined by the US Department of Labor. That rate is currently 4.3% from May 2022 to May of this year. Both vendors were contacted and requested to submit pricing for FY2023/2024. Superior Ready-Mix Concrete requested increases to their pricing within the PPI and was awarded a renewal by the City Council on June 27, 2023 as the primary vendor to supply the materials. Martin Marietta requested increases above the PPI rate and was required to reduce their pricing to meet the bid requirements and remain as a secondary facility when needed by the agencies. After several attempts to obtain the revised pricing, Martin Marietta recently submitted a bid renewal sheet that is compliant with the requirements. The pricing summary is attached.

As the full bid award is for both vendors split between them as the primary and secondary suppliers, and the award was previously made for the primary supplier for the quoted amount, there is no new change to the awarded cost.

CONCLUSION:

Staff recommends that the City Council adopt the resolution to award Bid 19-19 Renewal Option 4, Type B Asphalt Concrete, to Martin Marietta.

Reviewed by: Respectfully submitted by:
____________________ ________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
________________________
Scott Munzenmaier
Purchasing Officer
Attachments: A. Resolution
B. Renewal Option 4 Pricing

Page 29 of 102 ends

RESOLUTION NO. 2023-
RESOLUTION TO AWARD BID 19-19 RENEWAL OPTION 4, TYPE B

ASPHALT CONCRETE, TO MARTIN MARIETTA
________________________________________________________________ WHEREAS, asphalt is utilized for the cities’ in-house street resurfacing and repair patching programs and to assure a continuous product supply;
WHEREAS, Bid 19-19 was a cooperative bid lead by the City of La Mesa, which combined the quantities of nine agencies to obtain savings with volume bidding and fixed pricing on an annual basis;
WHEREAS, Superior Ready-Mix Concrete, as the primary facility, and California Commercial Asphalt (now Martin Marietta), as the secondary facility, had the lowest responsive bids that included materials in each of the three sections in the bid; and WHEREAS, the bid allowed for four one-year renewal options and Martin Marietta requested increases to their pricing within the allowable Producer Price Index (PPI) rate of 4.3% for the commodities as determined by the US Department of Labor and is recommended for the award as the secondary vendor to supply the materials.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council intends to award Bid 19-19 Renewal Option 4 for type B asphalt concrete to Martin Marietta as a secondary facility.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12th day of December, 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

Page 30 of 102 ends

ANNUAL TYPE "B" ASPHALT CONCRETE BID
BID 19-19, Option 4JULY 1, 2023 - JUNE 30, 2024BID SCHEDULE LA MESA CARLSBAD CHULA VISTA EL CAJON NATIONAL CITY SAN DIEGO UNIFIED S.D. SAN DIEGUITO WATER DISTRICT SAN MARCOS SANTEE SECTION I: PICKUP (FOB VENDOR PLANT) BID EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST1. 3/4" Max. Top (tons) 88.66 $ $ 33,690.80 $ 3,546.40 $ 8,866.00 $ 13,299.00 2. 1/2" Max Top (tons) 88.66 $ $ 310,310.00 $ 12,412.40 $ 177,320.00 $ 26,598.00 $ 44,330.00 $ 22,165.00 $ 8,866.00

3. 3/8" Max. Top (tons) 99.09 $ $ 35,672.40 $ 52,022.25 $ 9,909.00 $ 9,909.00 $ 19,818.00 $ 79,272.00 $ 24,772.50 $ 14,863.50 4. School Mix (tons) 109.52 $ $ 19,713.60 $ 5,476.00 $ 65,712.00 $ 5,476.00 5. Sheet Mix A/C (tons) 109.52 $ $ 9,856.80 $ 7,666.40 $ 32,856.00 $ 6,571.20 $ 2,738.00 $ 65,712.00 $ 5,476.00 6. Cold Mix A/C (tons) 109.52 $ $ 2,957.04 $ 32,856.00 $ 5,476.00 $ 4,380.80 $ 10,952.00 $ 5,476.00 7. Berm Mix A/C (tons) 109.52 $ $ 1,971.36 $ 2,738.00 $ 2,190.40 $ 2,190.40 $ 2,738.00 8. 3/4" Class II Base (tons) 18.77 $ $ 9,385.00 $ 3,754.00 $ 15,016.00 9. 3/4" Class II Base- Recycled (tons) 8.34 $ 10. SS1H Oil (gallons) 3.65 $ $ 3,942.00 $ 2,007.50 $ 2,372.50 $ 547.50 $ 2,737.50 $ 1,095.00 $ 1,825.00

11. RS-1 Oil (ALT offer SSH-1 ) (gallons) No Bid $ -
Sub-Total $ 427,499.00 $ 80,392.95 $ 257,503.90 $ 65,634.10 $ 26,310.00 $ 262,144.30 $ 25,968.00 $ 80,497.50 $ 25,554.50 Sales Tax $ 33,131.17 $ 6,230.45 $ 19,956.55 $ 5,086.64 $ 2,039.03 $ 20,316.18 $ 2,012.52 $ 6,238.56 $ 1,980.47 Haul Location (starting) 8152
Commercial
Street
405 Oak Avenue 1800 Maxwell Road 1050 Vernon Way 1237 McKinley 4860 Ruffner Street 160 Calle Magdalena, Encinitas 201 Mata Way 9534 Via Zapador Haul Distance (miles) 30 58 46 26 32 10 40 48 24Haul Penalty per Ton @ $0.23/mile $ 34,879.50 $ 13,273.30 $ 28,777.60 $ 4,066.40 $ 3,128.00 $ 6,934.50 $ 8,280.00 $ 9,108.00 $ 1,380.00 Total with Sales Tax and Haul Penalty $ 495,509.67 $ 99,896.70 $ 306,238.05 $ 74,787.14 $ 31,477.03 $ 289,394.98 $ 36,260.52 $ 95,844.06 $ 28,914.97 SECTION II: DELIVERY (FOB DESTINATION)12. 1/2" Max. Top (tons) No Bid $ - $ - 13. Cold Mix A/C (tons) No Bid $ - $ - 14. RS-I Oil for Sealing (gallons) No Bid $ - Sub-Total $ - $ - $ - $ - Sales Tax $ - $ - $ - $ -
Maximum Allowable Unloading Time (minutes) No BidStandby Time Cost per Minute No BidDelivery Notice Required (hours) No BidSECTION III: OTHER15. Hauling Asphalt Spoil from Jobsites (cost per hour) No BidClean Asphalt Dump Fees (<10%) Drop-Off by Agencies 16. Bobtail Load (8 tons) $ 391.13 17. 10 Wheeler Load (13 tons) $ 443.28 18. Tri Axle Load (16 tons) $ 469.35Mixed-Load Dump Fees (>10%) Drop-Off by Agencies 19. Bobtail Load (8 tons) $ 756.18 20. 10 Wheeler Load (13 tons) $ 1,381.98 21. Tri Axle Load (16 tons) $ 1,799.1822. Warranty period for materials 12 month Section I AwardSection II Award Martin Marietta

Page 31 of 102 ends

ANNUAL TYPE "B" ASPHALT CONCRETE BID
BID 19-19, Option 4JULY 1, 2023 - JUNE 30, 2024BID SCHEDULESECTION I: PICKUP (FOB VENDOR PLANT)1. 3/4" Max. Top (tons)2. 1/2" Max Top (tons)3. 3/8" Max. Top (tons)4. School Mix (tons)5. Sheet Mix A/C (tons)6. Cold Mix A/C (tons)7. Berm Mix A/C (tons)8. 3/4" Class II Base (tons)9. 3/4" Class II Base- Recycled (tons)10. SS1H Oil (gallons)11. RS-1 Oil (ALT offer SSH-1 ) (gallons)Sub-TotalSales TaxHaul Location (starting)Haul Distance (miles)Haul Penalty per Ton @ $0.23/mileTotal with Sales Tax and Haul PenaltySECTION II: DELIVERY (FOB DESTINATION)12. 1/2" Max. Top (tons)13. Cold Mix A/C (tons)14. RS-I Oil for Sealing (gallons)Sub-TotalSales TaxMaximum Allowable Unloading Time (minutes)Standby Time Cost per MinuteDelivery Notice Required (hours)SECTION III: OTHER15. Hauling Asphalt Spoil from Jobsites (cost per hour)Clean Asphalt Dump Fees (<10%) Drop-Off by Agencies 16. Bobtail Load (8 tons) 17. 10 Wheeler Load (13 tons) 18. Tri Axle Load (16 tons)Mixed-Load Dump Fees (>10%) Drop-Off by Agencies 19. Bobtail Load (8 tons) 20. 10 Wheeler Load (13 tons) 21. Tri Axle Load (16 tons)22. Warranty period for materialsSection I AwardSection II Award LA MESA CARLSBAD CHULA VISTA EL CAJON NATIONAL CITY SAN DIEGO UNIFIED S.D. SAN DIEGUITO WATER DISTRICT SAN MARCOS SANTEE BID EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST $ 81.00 $ 30,780.00 $ 3,240.00 $ 8,100.00 $ 12,150.00 $ 82.00 $ 287,000.00 $ 11,480.00 $ 164,000.00 $ 24,600.00 $ 41,000.00 $ 20,500.00 $ 8,200.00 $ 87.00 $ 31,320.00 $ 45,675.00 $ 8,700.00 $ 8,700.00 $ 17,400.00 $ 69,600.00 $ 21,750.00 $ 13,050.00 $ 90.00 $ 16,200.00 $ 4,500.00 $ 54,000.00 $ 4,500.00
$ 100.00 $ 9,000.00 $ 7,000.00 $ 30,000.00 $ 6,000.00 $ 2,500.00 $ 60,000.00 $ 5,000.00 $ 106.00 $ 2,862.00 $ 31,800.00 $ 5,300.00 $ 4,240.00 $ 10,600.00 $ 5,300.00 $ 100.00 $ 1,800.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 $ 2,500.00 $ 22.50 $ 11,250.00 $ 4,500.00 $ 18,000.00 $ 8.50$ 6.50 $ 7,020.00 $ 3,575.00 $ 4,225.00 $ 975.00 $ 4,875.00 $ 1,950.00 $ 3,250.00 No Bid $ -
$ 397,232.00 $ 73,470.00 $ 240,725.00 $ 60,175.00 $ 24,400.00 $ 233,715.00 $ 28,600.00 $ 73,650.00 $ 24,500.00 $ 30,785.48 $ 5,693.93 $ 18,656.19 $ 4,663.56 $ 1,891.00 $ 18,112.91 $ 2,216.50 $ 5,707.88 $ 1,898.75 8152
Commercial
Street
405 Oak Avenue 1800 Maxwell Road 1050 Vernon Way 1237 McKinley 4860 Ruffner Street 160 Calle Magdalena, Encinitas 201 Mata Way 9534 Via Zapador 18 70 38 18 24 20 52 70 14
$ 20,927.70 $ 16,019.50 $ 23,772.80 $ 2,815.20 $ 2,346.00 $ 13,869.00 $ 10,764.00 $ 13,282.50 $ 805.00 $ 448,945.18 $ 95,183.43 $ 283,153.99 $ 67,653.76 $ 28,637.00 $ 265,696.91 $ 41,580.50 $ 92,640.38 $ 27,203.75 No Bid $ - $ -
No Bid $ - $ - No Bid $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
No BidNo BidNo BidNo Bid
$ 50.00$ 50.00$ 50.00$ 275.00$ 325.00$ 350.00
1 Year
$ 428,017.48 $ 259,381.19 $ 64,838.56 $ 26,291.00 $ 251,827.91 $ 30,816.50 $ 26,398.75

SUPERIOR READY MIX CONCRETE, MISSION GORGE

Page 32 of 102 ends

ANNUAL TYPE "B" ASPHALT CONCRETE BID
BID 19-19, Option 4JULY 1, 2023 - JUNE 30, 2024BID SCHEDULESECTION I: PICKUP (FOB VENDOR PLANT)1. 3/4" Max. Top (tons)2. 1/2" Max Top (tons)3. 3/8" Max. Top (tons)4. School Mix (tons)5. Sheet Mix A/C (tons)6. Cold Mix A/C (tons)7. Berm Mix A/C (tons)8. 3/4" Class II Base (tons)9. 3/4" Class II Base- Recycled (tons)10. SS1H Oil (gallons)11. RS-1 Oil (ALT offer SSH-1 ) (gallons)Sub-TotalSales TaxHaul Location (starting)Haul Distance (miles)Haul Penalty per Ton @ $0.23/mileTotal with Sales Tax and Haul PenaltySECTION II: DELIVERY (FOB DESTINATION)12. 1/2" Max. Top (tons)13. Cold Mix A/C (tons)14. RS-I Oil for Sealing (gallons)Sub-TotalSales TaxMaximum Allowable Unloading Time (minutes)Standby Time Cost per MinuteDelivery Notice Required (hours)SECTION III: OTHER15. Hauling Asphalt Spoil from Jobsites (cost per hour)Clean Asphalt Dump Fees (<10%) Drop-Off by Agencies 16. Bobtail Load (8 tons) 17. 10 Wheeler Load (13 tons) 18. Tri Axle Load (16 tons)Mixed-Load Dump Fees (>10%) Drop-Off by Agencies 19. Bobtail Load (8 tons) 20. 10 Wheeler Load (13 tons) 21. Tri Axle Load (16 tons)22. Warranty period for materialsSection I AwardSection II Award LA MESA CARLSBAD CHULA VISTA EL CAJON NATIONAL CITY SAN DIEGO UNIFIED S.D. SAN DIEGUITO WATER DISTRICT SAN MARCOS SANTEE BID EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST $ 86.00 $ 3,440.00 $ 12,900.00
$ 87.00 $ 12,180.00 $ 21,750.00
$ 92.00 $ 48,300.00 $ 23,000.00 $ 95.00 $ 4,750.00
$ 103.00 $ 7,210.00 $ 5,150.00 $ 106.00 $ 10,600.00 $ 5,300.00 $ 103.00 $ 2,575.00 $ 2,575.00
No BidNo Bid
$ 16.00 $ 8,800.00 $ 4,800.00
No Bid
$ - $ 82,505.00 $ - $ - $ - $ - $ 10,600.00 $ 80,225.00 $ - $ - $ 6,394.14 $ - $ - $ - $ - $ 821.50 $ 6,217.44 $ - 8152
Commercial
Street
405 Oak Avenue 1800 Maxwell Road 1050 Vernon Way 1237 McKinley 4860 Ruffner Street 160 Calle Magdalena, Encinitas 201 Mata Way 9534 Via Zapador 0 40 0 0 0 0 34 9 0
$ - $ 9,154.00 $ - $ - $ - $ - $ 782.00 $ 1,707.75 $ - $ - $ 91,659.00 $ - $ - $ - $ - $ 11,382.00 $ 81,932.75 $ - No Bid $ - $ -
No Bid $ - $ - No Bid $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
No BidNo BidNo BidNo Bid
$ 50.00$ 50.00$ 50.00
No BidNo BidNo Bid
1 Year
$ 88,899.14 $ 86,442.44

SUPERIOR READY MIX CONCRETE, ESCONDIDO

Page 33 of 102 ends

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: December 12, 2023
SUBJECT: RESOLUTION REJECTING BID NO. 24-01,

BOULEVARD DRIVE STORM DRAIN IMPROVEMENT

PROJECT
ISSUING DEPARTMENT: PUBLIC WORKS
SUMMARY:

Issues:

Should the City of La Mesa reject Bid No. 24-01, for the Boulevard Drive Storm Drain Improvement Project?
Recommendation:

Adopt the attached resolution rejecting Bid 24-01, for the Boulevard Drive Storm Drain Improvement Project.

Fiscal Impact:

There is no fiscal impact with this action.

City’s Strategic Goals:
 Invest in infrastructure to serve the needs of the community.

BACKGROUND:

The Boulevard Drive Storm Drain Improvement Project includes the construction of a 200 linear foot underground box culvert and associated improvements designed to eliminate the chronic flooding problem at the intersection of 69th Street and Boulevard Drive.

The project received $1,293,750 in Federal Emergency Management Agency (FEMA) Hazard Mitigation funding in 2019 and was designated $2,000,000 in American Rescue Plan Act (ARPA) funding by La Mesa City Council in 2023. The engineering estimate for the project was $3,000,000.

Page 34 of 102 ends

Report to Mayor and Councilmembers
Date: December 12, 2023
Page: 2 of 2
A Notice Inviting Bids was advertised on November 1, 2023. The City received one bid on the bid opening date of December 1, 2023.

Company Name Bid
SC Valley Engineering, Inc. $6,887,749
DISCUSSION:

SC Valley Engineering, Inc. gave the following reasons their bid was higher than the estimate:
 Cost uncertainty in dewatering, depths of excavation, shoring difficulty in potentially wet soils.
 Uncertainty of cost and difficulty in constructing the downstream diversion structure.
 Significant increase in cost of materials, particularly rebar steel.

The City will re-evaluate the project cost estimate with both the designer and an independent third-party cost-estimating consultant, and afterward will review the necessary funding and re-bid the project in January.

Public Contract Code Section 20166 states that the City Council has the authority to reject all bids and the notice inviting bids of the specifications reiterates the same authority.

CONCLUSION:

Staff recommends that it is in the best interest of the city to reject the bids for Bid 24-01, Boulevard Drive Storm Drain Improvement Project.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
Attachments: A. Resolution

Page 35 of 102 ends

RESOLUTION NO. 2023-
RESOLUTION REJECTING BID NO. 24-01, BOULEVARD DRIVE STORM

DRAIN IMPROVEMENT PROJECT
WHEREAS, the City advertised a notice inviting bids for the Boulevard Drive Storm Drain Improvement Project on November 1, 2023;
WHEREAS, the City received one bid on the bid opening day of December 1, 2023; WHEREAS, the lowest bid was for $6,887,749;
WHEREAS, the City estimated $3,000,000 for the bid;
WHEREAS, the City Council is authorized under the Public Contract Code Section 20166, at its discretion, to reject all bids; and
WHEREAS, staff recommends rejecting the bid in the best interest of the City.

NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that:

The bid for Bid 24-01, Boulevard Drive Storm Drain Improvement Project is rejected by the City Council. Said bid is on file in the Office of the City Clerk.

BE IT FURTHER RESOLVED that staff is directed to re-evaluate the bid and the engineer’s cost estimate and re-advertise the project..

PASSED AND ADOPTED at a regular meeting of the City Council of the City of La Mesa, California, held the 12th day of December, 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023-_ , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

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REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: December 12, 2023
SUBJECT: RESOLUTION ACCEPTING BID 24-03, FIRE STATION
13 FENCE PROJECT AND AWARDING A

CONSTRUCTION CONTRACT TO MASONRY
MAVENS, INC.

ISSUING DEPARTMENT: Public Works
SUMMARY:

Issues:

Should the City of La Mesa accept Bid 24-03, Fire Station 13 Fence Project and award the construction contract to Masonry Mavens, Inc., in the amount of $88,500.00?
Recommendation:

Approve the attached Resolution accepting Bid 24-03, Fire Station 13 Fence Project and award the construction contract to Masonry Mavens, Inc., in the amount of $88,500.00.

Fiscal Impact:

The following accounts will be used to fund the project.

ROLANDO BALLPARK RESTORATION PROJECT

ACCOUNT NAME FUND

SOURCE GL ACCOUNT AMOUNT REQUESTED
AMOUNT

AVAILABLE
Fencing and Gate for Station 13 CIP Building 305-5231GF $ 74,869.05 $ 74,869.05 Fire Station 13 Fencing and Gate CIP Building 305-5244GF $ 13,630.95 $ 25,000.00 TOTAL $ 88,500.00 $ $99,869.05

Page 37 of 102 ends

Report to Mayor and Councilmembers
Date: December 12, 2023
Page: 2 of 3
City’s Strategic Goals:
 Maintain a community where residents and visitors feel safe.  Invest in infrastructure to serve the needs of the community.

BACKGROUND:

La Mesa fire stations work jointly with the cities of El Cajon and Lemon Grove to provide cohesive fire protection, emergency, and medical service to the three cities.

The City of La Mesa has budgeted funds for the construction of a new fence around Fire Station 13 to improve security for the facility. The City of La Mesa and Fire Station 13 have decided to install a 6-foot-high chain link fence surrounding the property with keypad-operated pedestrian and vehicle gates.

DISCUSSION:

On October 10, 2023, a notice inviting bids was advertised and bid documents were distributed. On November 9, 2023, three bids were received electronically. The apparent responsive, responsible low bidder was identified as Masonry Mavens, Inc. with a total base bid price of $88,500. A bid results summary is shown in Attachment B.

The engineer’s estimate for the project was $98,327 and based on the low bid, there are sufficient funds from the budget to complete the project. Contract time for completion of the project is 30 working days. The work is expected to begin in January, 2024 and be completed by February, 2024.

CONCLUSION:

Staff recommends that the City Council adopt the attached resolution accepting Bid 24- 03, Fire Station 13 Fence Project and award the construction contract to Masonry Mavens, Inc. in the amount of $88,500.

Page 38 of 102 ends

Report to Mayor and Councilmembers
Date: December 12, 2023
Page: 3 of 3
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
Respectfully submitted by:

Tristan Leger______________
Tristan Leger
Assistant Engineer
Attachments: A – Resolution of Award Project 24-03 to Masonry Mavens, Inc.

B – Bid Tab Results Tabulation

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RESOLUTION NO. 2023-
RESOLUTION ACCEPTING THE LOW BIDDER FOR BID 24-03 AND
AWARDING A CONSTRUCTION CONTRACT FOR THE FIRE STATION 13 FENCE PROJECT TO MASONRY MAVENS, INC.
___________
WHEREAS, the City of La Mesa continues to maintain a community where residents and visitors feel safe;
WHEREAS, the City advertised a notice inviting bids on October 10th, 2023; WHEREAS, the City received three bids on the bid opening date of November 9th, 2023; and
WHEREAS, based on the base bid, the low bidder, Masonry Mavens, Inc. was found to be a responsive and responsible bidder.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that:

The base bid from Masonry Mavens, Inc. in an amount of $88,500 for Bid 24-03, Fire Station 13 Fence Project, was determined to be the lowest responsive and responsible bid. Said bid is on file in the Office of the City Clerk.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to accept and execute a contract with Masonry Mavens, Inc. to perform the work at the prices set forth in said bid.

BE IT FURTHER RESOLVED that the Director of Public Works is authorized to approve the substitution of subcontractors.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of La Mesa, California, held the 12th day of December, 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

Page 40 of 102 ends

Bid Tabulation
Bid 24-03 Fire Station 13 Fence Project
Bidders Base Bid Additive Bid Total
1 Masonry Mavens, Inc. $88,500.00 0$ $88,500.00
2 M J Builder $94,700.00 0$ $94,700.00
3 Alvand Construction, Inc. $137,300.00 0$ $137,300.00
Engineer’s Estimate $98,327.13
All bids compared on the basis of the BASE BID

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ATTACHMENT B

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REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: December 12, 2023
SUBJECT: RESOLUTION TO AWARD A CONTRACT TO ON DUTY

HEALTH, LLC FOR HEALTH AND FITNESS
ASSESSMENT SERVICES.

ISSUING DEPARTMENT: Fire
SUMMARY:

Issues:

Should the City Council adopt the resolution to award a contract to On Duty Health, LLC for health and fitness assessment services? Recommendation:

That the City Council adopt the resolution to award a contract to On Duty Health, LLC for health and fitness assessment services.

Fiscal Impact:

The first-year cost is $33,841. The contract may be renewed for an additional four one-year terms with each year subject to an approved budget. For Fiscal Year 2023/2024 funds are budgeted and available in Fire Operations account 101- 63160-222-000000.

City’s Strategic Goals:
 Maintain a community where residents and visitors feel safe.  Ensure a strong financial outlook through careful planning, sustainable service levels, and fiscal sustainability.

Page 43 of 102 ends

Report to Mayor and Councilmembers
Date: December 12, 2023
Page: 2 of 3
BACKGROUND:

The cities of El Cajon, La Mesa, and Lemon Grove would like to establish a multi-city agreement that provides annual comprehensive on-site health and fitness assessments with cancer screening for first responders. The services would be provided to the cities’ fire departments, in addition to the City of El Cajon’s Police Department. The agreement includes an option to renew for four optional one-year terms. Funds for the renewal terms will be in accordance with the approved budget for each fiscal year. Each participating agency is responsible for its own payment. It is anticipated that the three cities would all join in a single contract or, if desired, each city would enter into separate contracts all of which would contain the same terms and conditions.

DISCUSSION:

On Duty Health, LLC is recommended for this award due to the extensive services provided, to include but not limited to, enhanced cancer screening, on-site phlebotomy services, and the ability to maintain data that tracks trends and patterns of staff regionally which assists in mitigating health risks and aids in determining the appropriate personal protective equipment to purchase. On Duty Health, LLC is the only local provider of these services including on-site work and has provided these services to La Mesa’s Fire Department the previous two years with good performance.

The City’s Purchasing Officer may waive competitive bidding if the City Council by resolution determines that, due to special circumstances, it is in the City’s best interest to purchase a commodity or enter into a contract without compliance with bidding procedures, per La Mesa Municipal Code Section 2.40.070(a)(7). This award will provide annual comprehensive on-site health and fitness assessments with cancer screening for first responders. Under these facts, the circumstances are that On Duty Health, LLC can provide health and fitness assessment services; and, as such, staff recommends that it is in the best interests of the City to enter into a contract without a formal bidding process.

CONCLUSION:

Staff recommends that the City Council adopt the resolution to award a contract to On Duty Health, LLC for health and fitness assessment services.

Page 44 of 102 ends

Report to Mayor and Councilmembers
Date: December 12, 2023
Page: 3 of 3
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Bent Koch
City Manager Fire Chief
___________________
Scott Munzenmaier
Purchasing Officer
Attachments: A. Resolution
B. Draft Agreement

Page 45 of 102 ends

RESOLUTION NO. 2023-

RESOLUTION TO AWARD A CONTRACT TO ON DUTY HEALTH, LLC

FOR HEALTH AND FITNESS ASSESSMENT SERVICES
________________________________________________________________ WHEREAS, the cities of El Cajon, La Mesa, and Lemon Grove would like to establish a multi-city agreement that provides annual comprehensive on-site health and fitness assessments with cancer screening for first responders;
WHEREAS, On Duty Health, LLC is recommended for this award due to the extensive services provided, to include but not limited to, enhanced cancer screening, on-site phlebotomy services, and the ability to maintain data that tracks trends and patterns of staff regionally which assists in mitigating health risks and aids in determining the appropriate personal protective equipment to purchase;
WHEREAS, On Duty Health, LLC is the only local provider of these services including onsite work and has provided these services to La Mesa’s Fire Department the previous two years with good performance; and
WHEREAS, the City’s Purchasing Officer may waive competitive bidding if the City Council by Resolution determines that, due to special circumstances, it is in the City’s best interest to purchase a commodity or enter into a contract without compliance with bidding procedures, per La Mesa Municipal Code Section 2.40.070(a)(7).

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council intends to award a contract for one year in the amount of $33,841, with four one-year options to renew and each year subject to an approved budget, to On Duty Health, LLC for health and fitness assessment services.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12th day of December, 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

Page 46 of 102 ends

1 AGREEMENT FOR HEALTH AND FITNESS ASSESSMENT SERVICES

FOR THE CITIES OF EL CAJON, LA MESA AND LEMON GROVE
THIS AGREEMENT is made and entered into of the date set forth below, by and between the City of El Cajon, a California charter city and municipal corporation ("El Cajon"); the City of La Mesa, a California general law city and municipal corporation ("La Mesa"); the City of Lemon Grove, a California general law city and municipal corporation ("Lemon Grove"); (El Cajon, La Mesa, and Lemon Grove individually a "City" and collectively the "Cities") and On Duty Health, LLC, a Texas limited liability company (the "Consultant"), with reference to the following facts:

RECITALS
WHEREAS, the Cities desire to retain the Consultant to provide annual comprehensive onsite health and fitness assessments with cancer screening, on-site phlebotomy services, and maintenance of data that tracks trends and patterns of staff for the Cities' fire departments and El Cajon's police department (the "Services"); and
WHEREAS, the Cities have determined the Consultant has the expertise, experience, qualifications, and personnel necessary to provide the Services required by the Cities to the Cities' fire departments and El Cajon's police department (collectively the "Departments"); and WHEREAS, the Cities, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall continue to make that performance or those payments from the current revenues legally available to the Cities; and WHEREAS, the Cities find that the performance of this Agreement is in the best interests of Cities' Departments, and that the undertaking will benefit the public; and WHEREAS, the Cities desire to enter into a contractual relationship which makes the Consultant the health provider agency for the Services.

NOW THEREFORE, for good and valuable consideration, including the mutual covenants and conditions set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:

1. Compensation.

1.1. The Cities and the Consultant agree to pay and bill, respectively, in accordance with the rates, fees and restrictions set forth in Sections 1.2, 4.1, 4.3, and 4.4 of this Agreement. The aggregate total not-to-exceed compensation amount for the Cities for the initial one-year term shall be One Hundred Thirty-seven Thousand Four Hundred Forty-nine Dollars and No Cents

Page 47 of 102 ends

2 ($137,449.00), with the annual (initial term and the first and second extension of a City, if any) responsibility and share for each of the Cities to be as follows: El Cajon – not to exceed Eightyeight Thousand Six Hundred Fifty-five Dollars and No Cents ($88,655.00); La Mesa – not to exceed Thirty-three Thousand Eight Hundred Forty-one Dollars and No Cents ($33,841.00); and Lemon Grove – not to exceed Fourteen Thousand Nine Hundred Fifty-three Dollars and No Cents ($14,953.00).

1.2. The Consultant shall provide an invoice to the Cities for services rendered to their personnel during a calendar month by the 10th day of the next month. Each City will pay the undisputed charges in the invoice within thirty (30) days after receiving the invoice. Services will be itemized, and billed to each Party separately.

2. Term.

2.1. Term. The initial term of this Agreement shall be for one (1) year.

2.2. Options to Renew. The Cities are granted the option to renew the terms of this Agreement, individually or in any combination of two or more of the Cities. The Cities must notify the Consultant of intent to renew no later than sixty (60) calendar days prior to the termination date of the Agreement. The Cities shall have the option to extend this Agreement for four (4) oneyear periods under the same initial terms herein, except the rates in Exhibit "A-1" will remain for years one (1) through three (3) and will be eligible for increase beginning in year four (4) at the lesser of the annual rate escalator of 5%, or the rate outlined in the National Health Expenditure Table for the most recent published year (Currently, Table 3 National Health Expenditures; Aggregate and per Capita Amounts, Percent Distribution and Annual Percent Change by Source of Funds: Calendar Years 2011-2027, as published by Centers for Medicare & Medicaid Services (CMS.gov)). The revised escalating rates will become effective on the first day of the each renewal contract period.

2.3. Notice of Desire to Renew. Notice in writing of the desire to renew shall be provided to the Consultant. Such notice shall be sent by mail addressed to:

Greg Batla, Chief Executive Officer
On Duty Health, LLC
1752 E. Lugonia Avenue, Suite 117-4949
Redlands, CA 92354

3. Cities' Obligations for Administration of Agreement. The shared Fire Chief of the Heartland Fire & Rescue (the "Heartland Chief", or such person designated by the Heartland Chief, shall administer this Agreement on behalf of the Cities, as it relates to fire personnel. The Chief of Police of El Cajon’s Police Department (the "Police Chief”), or such person designated by the Police Chief, shall administer this Agreement on behalf of the El Cajon Police Department.

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3 4. Consultant Obligations.

4.1. Services. The Consultant agrees to provide services rendered at the location identified in Section 4.2 below, to the Cities' employees receiving the Services (each, an "Employee"), at the cost and for the Services identified in Section 4.3. The Consultant agrees to perform and/or coordinate all Services identified in that certain proposal entitled "Proposal for The Cities of: El Cajon, La Mesa, Lemon Grove," dated October 3, 2023, attached hereto as Exhibit "A" and incorporated herein.

4.1.1. Personalized Written Health and Wellness Report. Each Employee will receive an individual packet of the medical and fitness evaluation that outlines his or her results.

The report will outline recommendations for each individual to improve and maintain fitness, as well as recommend treatment or follow up for any medical condition. Educational material regarding various health topics will be included in the packet.

4.1.2. Reporting and Recommendations. The Consultant agrees to incorporate the current criteria used in Respiratory Fitness Clearance and Department of Motor Vehicles medical evaluations with regard to findings and risks. It is not the intention of the Consultant to re-define the existing fitness-for-duty criteria. Strict confidentiality and maintenance of records will be adhered to throughout any reporting and/or referral procedures.

4.1.3. Data Collection. The Consultant will provide scientific and technical support related to data collection and analysis. Data shall be collected and stored on the electronic database designed by the Consultant specifically for the Services to be performed under this Agreement. Data Collection services shall include the following:

4.1.3.1. Storage of past, current and future data on a secure server. Data shall be backed up weekly and kept at a remote location.

4.1.3.2. Analysis of data for errors, omissions, and outliers. Statistical analysis shall be performed to summarize the demographic medical fitness outcomes on each Employee as well as a City’s group as a whole or, in the case of El Cajon Employees, one report involving fire Employees to the Fire Chief and one report for the police Employees, to the Police Chief.

4.1.3.3. Development of an annual report that shall be presented to senior staff of each City’s Fire Department, and an annual report that shall be presented to El Cajon’s Police Chief and senior staff.

4.1.3.4. Development of new strategies for data collection and reporting.

4.1.3.5. Evaluating and analyzing data for individual and group disease management.

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4 4.1.3.6. Integrating data with other fire departments in a confidential manner in compliance with all federal and state law.

4.2. Facilities.

4.2.1. Locations of Services. The Consultant agrees to provide Services to Employees at the following locations:

El Cajon Fire Department & El Cajon Police Department
100 Civic Center Way
El Cajon, CA 92020
La Mesa Fire Department
8054 Allison Avenue
La Mesa, CA 91942
Lemon Grove Fire Department
7853 Central Avenue
Lemon Grove, CA 91945

4.2.2. Staffing and Hours of Operation. The Consultant shall commit to the days and hours of operation to comply with the goals of the Services.

4.2.3. Priority Appointments. The Consultant shall maintain a licensed physician or PA available to examine and treat Employees who have appointments.

4.2.4. Medical Consultants. The Consultant shall maintain a list of medical specialty consultants for referral to Employees.

4.2.5. Other Medical Services. The Consultant shall provide radiological facilities to facilitate comprehensive examinations.

4.2.6. Weekend and Evenings. The Services will not be available on weekends or evenings.

4.2.7. Canceled/Delayed Appointments. The Cities are engaged in "All-Risk" emergency services, 24-hours a day. Due to unforeseen emergencies (fires, major incidents, disasters, etc.), it may be possible that an emergency crew and/or support personnel are otherwise engaged in emergency operations and unable to keep their appointments. All efforts will be made to provide personnel that are ready for their evaluations. The days of operation and the number of personnel to receive the Services will be determined based on an annual schedule and the need of the Cities, and will be in consultation with each City's Fire Chief, or designee, or El Cajon’s Police Chief, or designee.

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5 4.3. Pricing. See Exhibit "A-1" attached hereto for pricing of the Services.

4.4. Pre-paid Fees for Services. Services will be paid for after time of service, and within thirty (30) days of billing.

4.5. Prescriptions. It is not the intention of this Agreement that the Consultant shall dispense medications during the scope of the Services. If the consulting physician identifies a need to prescribe a medication, he or she can provide a prescription at no additional cost, until the Employee can follow-up with his or her own physician, or make a referral to the Employee’s own physician. The Cities shall not reimburse either the Employee or the Consultant for prescription or non-prescription medications.

4.6. Vision and Audiometric Examinations. The Consultant agrees to provide vision and audiometric examinations to Employees as referenced by guidelines published by the California Department of Motor Vehicles.

4.7. Respiratory Examinations. The Consultant agrees to provide respiratory examinations to Employees as referenced by guidelines published by the Occupational Safety and Health Administration.

4.8. Performance Standards. It is the intent of the Consultant and the Cities to provide quality medical care and other wellness services for Employees. To maintain and improve the quality, access, availability, and cost-effectiveness of the services provided under this Agreement, the Consultant and the Cities each agree to use their best efforts to develop means and standards for measuring the performance of Employees under the Agreement, including, but not limited to the following:

4.8.1. Measurement of key performance indicators, including workers’ compensation savings, vital signs, cholesterol levels, and subjective surveys of Employees’ satisfaction.

4.8.2. Comparison of these indicators with other fire and police departments as available through the International Association of Fire Fighters (IAFF) Wellness Initiative database.

4.8.3. Comparison of these indicators with other fire departments and police departments as available through regional data.

4.8.4. Other relevant factors to be established by the Consultant and the Cities.

4.9. Consultant Representative. The Consultant hereby designates Greg Batla, CEO, to represent the Consultant in all matters pertaining to this Agreement.

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6 5. Administrative Services.

5.1. Periodic Meetings. Subject to any state and federal privacy laws, the Consultant agrees to meet with the Cities' staff as scheduled to confidentially discuss program issues, utilization of medical specialties, utilization of physical therapy, trends and any topic of interest pertaining to the Services.

5.2. Work-Related Injuries: Initial Medical Reporting. While it is not the intent of the Consultant to diagnose or otherwise treat any suspected work-related injuries, in the course of a wellness/fitness evaluation a suspected work-related injury or illness may be discovered. The Consultant shall refer all Employees, with a suspected work-related injury or illness, to their employing City for coordination of medical care, unless a life-threatening medical emergency exists that requires medical treatment. The Consultant will direct the Employee to follow all proper procedures for reporting a work-related injury or illness. Following any emergency medical treatment, the Consultant shall report the treatment to the Employee's Department for the purposes of follow-up medical treatment. In the case of emergency medical treatment, the Consultant shall provide the Employee's Department with a Doctor’s First Report of Work Injury or Illness (Form 5020) within two (2) days of initial treatment and all billing. The Consultant is not authorized to determine causation of any suspected work-related injury or illness.

5.3. Work-Related Injuries: Medical Reports and Billings. The Consultant shall use those reports, billings and associated forms in a format approved by the Cities for any and all work related injuries reported.

5.4. Maintenance of Medical Reports. The Consultant shall accurately maintain, store and retrieve Employee medical files during the period of this Agreement in accordance with all applicable laws and regulations.

5.5. Confidentiality. The Consultant shall ensure security of the medical records for all Employees receiving Services and shall ensure compliance with all State and Federal Privacy Laws. At no time shall the Consultant release confidential medical records to the Cities without written authorization from the Employee.

5.6. Testimony. The Consultant shall, upon reasonable notice, submit to depositions and testify at court if requested by the Cities provided that the Consultant and the affected City shall first agree upon an acceptable physician consulting rate.

5.7. Authorization for Patient Referral. The Consultant shall insure that the Employee is instructed that any referral made to a specialist or hospital will NOT be reimbursed by the Cities unless authorized by both the Consultant and the Cities.

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7 6. Indemnification and Hold Harmless.

6.1. The Consultant agrees to defend, indemnify, protect and hold Cities and their elected and appointed officials, officers, agents, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Employees, agents or officers, to the extent they arise from or are connected with or are caused or claimed to be caused by the negligence or willful misconduct of the Consultant and its employees in performing the work or services or supplying the materials or equipment under this Agreement, and all expenses, of investigating and defending against same; provided, however, that the Consultant's duty to defend, indemnify and hold harmless shall not include any claims or liability arising from the sole negligence or sole willful misconduct of the Cities and their elected and appointed officials, officers, agents, or employees. This shall not prejudice the rights of the Cities to appear in such suit, participate in the defense, and take such actions as may be necessary to protect the interests of the Cities. If the Cities choose, at their individual election, to obtain independent legal counsel in defense of any claim against them, related to the performance by the Consultant under this Agreement, then the Cities agree to pay the reasonable value of attorneys' fees and costs for such independent legal counsel; however, the Consultant shall not be obligated to pay attorneys' fees at an hourly rate greater than the hourly rate charged by its defense attorneys in the same matter. The Consultant’s obligations under this Section shall be reduced dollar for dollar by any amounts the Cities are awarded in such action for attorneys' fees and costs.

6.2. Each City agrees to defend, indemnify, protect and hold the Consultant and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Consultant employees, agents or officers, to the extent they arise from or are connected with or are caused or claimed to be caused by the sole negligence or sole willful misconduct of the City providing such indemnification and its agents, officers or employees in performing the work or services or supplying the materials or equipment under this Agreement, and all expenses, of investigating and defending against same; provided, however, that the each City’s' duty to defend, indemnify and hold harmless shall not include any claims or liability arising from the negligence or willful misconduct of the Consultant, its employees, agents and officers, or the other, non-involved, Cities.

This shall not prejudice the right of the Consultant to appear in such suit, participate in the defense, and take such actions as may be necessary to protect the interests of the Consultant. If the Consultant chooses, at its own election, to obtain independent legal counsel in defense of any claim against the Consultant, related to the performance of the Cities under this Agreement, then the each City agrees to pay the reasonable value of attorneys' fees and costs for such independent legal counsel; however, the Cities shall not be obligated to pay attorneys' fees at an hourly rate greater than the hourly rate charged by their defense attorneys in the same matter. The Cities' obligations under this section shall be reduced dollar for dollar by any amounts the Consultant is awarded in such action for attorneys' fees and costs.

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8 7. Termination. This Agreement may be terminated for any reason by any party giving ninety (90) days written notice to the other party's designated representative, provided that the Indemnification and Duty to Defend provisions in Section 6 shall survive such termination, for a period of one (1) year.

8. Notice. Notice to the Cities under this provision shall be communicated in writing, in person or by certified mail, return receipt requested, as follows:

If to the Consultant: On Duty Health, LLC
Attention: Greg Batla, CEO
1752 E. Lugonia Avenue, Suite 117-4949
Redlands, CA 92354
If to El Cajon Fire Department: El Cajon Fire Chief
100 Civic Center Way
El Cajon, CA 92020
If to El Cajon Police Department: El Cajon Police Chief 100 Civic Center Way
El Cajon, CA 92020
With a copy to: Graham Mitchell, City Manager
City of El Cajon
200 Civic Center Way
El Cajon, CA 92020
If to La Mesa Fire Department: La Mesa Fire Chief
8054 Allison Avenue
La Mesa, CA 91942
With a copy to: Greg Humora, City Manager
City of La Mesa
8130 Allison Avenue
La Mesa, CA 91942
If to Lemon Grove Fire Department: Lemon Grove Fire Chief 3232 Main Street
Lemon Grove, CA 91945
With a copy to: Lydia Romero, City Manager
City of Lemon Grove
3232 Main Street
Lemon Grove, CA 91945

9. Equal Opportunity. The Consultant shall comply with the Cities' Equal Opportunity Program.

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9 10. Drug-Free Workplace. Upon execution of this Agreement and all subsequent extensions, the Consultant agrees to comply with any requirements set forth in the Cities' policy regarding drug-free workplace.

11. Americans with Disabilities Act Statement. The Consultant shall be responsible for complying with the 1990 Americans with Disabilities Act ("ADA"). (For specific services and public accommodations under the ADA, the Consultant may contact the Office of the Americans with Disabilities Act, Civil Rights Division, U.S. District of Justice, P.O. Box 66118, Washington, D.C. 20035-6118; phone number (202) 514-0301.)

12. Integration. This Agreement, and all rights and obligations created by this Agreement, shall be in full force and effect whether or not any Cities to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any party’s successor in interest.

13. Compliance with Controlling Law. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement. In addition, the Consultant shall comply within a reasonable time after receiving written notice by the Cities with all directives issued by the Cities or their authorized representatives under authority of any laws, statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement.

14. Reserved.

15. Jurisdiction and Venue. The venue for any suit or proceeding concerning the Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of San Diego, Central Division, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Southern District of California, in San Diego. The Consultant hereby waives any right to remove any such action from San Diego County that is otherwise allowed by California Code of Civil Procedure section 394.

16. No Waiver. No failure of either the Consultant or the Cities or any City to insist upon the strict performance by the other of any covenant, term or condition of the Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of the Agreement, shall constitute a waiver of any such breach or of such covenant, term or condition.

No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach.

17. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal.

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10 18. Drafting Ambiguities. The Cities and Consultant each agree that they are aware they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Agreement, and the decision whether or not to seek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of each party. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of this Agreement.

19. Changes. The Cities may order changes in the services within the general scope of this Agreement consisting of additions, deletions, or other revisions, and the contract sum and the contract time shall be adjusted accordingly. All such changes shall be authorized in writing, executed by the Consultant and the Cities.

20. Assignment. The expertise and experience of the Consultant are material considerations for this Agreement. The Cities have an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon the Consultant under this Agreement. In recognition of that interest, the Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of the Consultant's duties or obligations under this Agreement without the prior written consent of the City Council for each of the Cities. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling the Cities to any and all remedies at law or in equity, including summary termination of this Agreement. The Cities acknowledge, however, that the Consultant, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

21. Independent Contractor.

21.1 The Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of the Cities. The Consultant shall have no authority to bind the Cities in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against the Cities, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by the Cities.

21.2 The personnel performing the services under this Agreement on behalf of the Consultant shall at all times be under the Consultant's exclusive direction and control. Neither the Cities, nor any elected or appointed boards, officers, officials, employees or agents of the Cities, shall have control over the conduct of the Consultant or any of the Consultant's officers, employees or agents, except as set forth in this Agreement. The Consultant shall not at any time or in any manner represent that the Consultant or any of the Consultant's officers, employees or agents are in any manner officials, officers, employees or agents of the Cities.

21.3 Neither the Consultant, nor any of the Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits, which may otherwise accrue, to the Cities' employees. The Consultant expressly waives any claim the Consultant may have to

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11 any such rights, and shall indemnify and protect the Cities from and against any claims to such rights made by the Consultant's officers, employees or agents.

22. Audit of Records. At any time during normal business hours and as often as may be deemed necessary the Consultant shall make available to a representative of a City for examination all of its records with respect to all matters covered by this Agreement and will permit a City to audit, examine and/or reproduce such records. The Consultant will retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement, whichever shall first occur.

23. Insurance.

23.1 The Consultant agrees to obtain and maintain in full force and effect, during the term of this Agreement, commercial general liability insurance of not less than $1,000,000. Such insurance policy shall comply with El Cajon City Council Policy D-3, which is attached hereto as Exhibit "B" and made a part of this Agreement. If there is any conflict between Exhibit "B" and this Section 19, the terms of Exhibit "B" shall apply. All insurance policies shall be subject to approval by the Cities as to form and content.

23.2 Consultant shall furnish properly executed endorsements and certificates of insurance to the Cities prior to commencement of services under this Agreement. Such endorsements and certificates shall:

23.2.1 Clearly evidence all coverages required above, including specific evidence of a separate endorsement naming the Cities as an additional named insureds;

23.2.2 Indicate whether coverage provided is on claims-made or occurrence basis; and

23.2.3 Provide that such insurance shall not be materially changed, terminated, or allowed to expire except on ten (10) days prior written notice, via first class mail to the Cities.

23.2.4 The Consultant agrees to provide the Cities with copies of all required policies upon request.

23.3 The Consultant shall also obtain and maintain professional liability insurance coverage in an amount not less than $1,000,000.

23.4 The Consultant shall maintain Workers’ Compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident.

24. Authority to Execute. The person or persons executing this Agreement on behalf of the Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind the Consultant to the performance of its obligations hereunder.

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12 25. Signatures-Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement shall not be effective as to a party until the execution and delivery between each of the Cities of at least one set of counterparts. The Cities authorize each other to detach and combine original signature pages and consolidate them into a single identical original. Any one of such completely executed counterparts shall be sufficient proof of this Agreement.

26. Entire Agreement. This Agreement, including the attached Exhibits "A," "A-1" and "B," is the entire, complete, final, and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between the Consultant and any of the Cities prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party, which are not embodied herein shall be valid and binding. To the extent that the terms and conditions of this Agreement conflict with, or are in any way inconsistent with, the terms and conditions of Exhibits "A," "A-1" and "B," the terms and conditions of this Agreement will prevail.

No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

IN WITNESS WHEREOF, this Agreement is executed on the date and year last below written by the Cities, acting by and through their City Managers, and by the Consultant, acting by and through its Managing Member/Chief Executive Officer. [signatures on following pages]

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13 ON DUTY HEALTH, LLC,
a Texas limited liability company
Dated: ___________________________ By:

Greg Batla, CEO/Managing Member

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14 CITY OF EL CAJON,
a California charter city and
municipal corporation
Dated: ___________________________ By:

Graham Mitchell, City Manager
ATTEST: APPROVED AS TO FORM:

Angela Cortez, CMC, City Clerk Morgan L. Foley, City Attorney

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15 CITY OF LA MESA,
a California general law city
and municipal corporation
Dated: ___________________________ By:

Greg Humora, City Manager
ATTEST: APPROVED AS TO FORM:

Megan Wiegelman, CMC, City Clerk Glenn Sabine, City Attorney

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16 CITY OF LEMON GROVE,
a California general law city
and municipal corporation
Dated: ___________________________ By:

Lydia Romero, City Manager
ATTEST: APPROVED AS TO FORM:

Joel Pablo, City Clerk Kristen Steinke, City Attorney

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REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: December 12, 2023
SUBJECT: CONSIDERATION OF ADOPTING (I) A RESOLUTION
APPROVING THE SUCCESSOR AGENCY’S
ADMINISTRATIVE BUDGET FOR THE TWELVEMONTH PERIOD FROM JULY 1, 2024 THROUGH JUNE 30, 2025, AND (II) A RESOLUTION APPROVING THE
SUCCESSOR AGENCY’S RECOGNIZED OBLIGATION
PAYMENT SCHEDULE (ROPS 24-25) FOR THE
TWELVE-MONTH PERIOD FROM JULY 1, 2024
THROUGH JUNE 30, 2025
ISSUING DEPARTMENT: City Manager and Finance
SUMMARY:

Issues:

1. Should the Successor Agency to the La Mesa Community Redevelopment Agency adopt a resolution approving the Administrative Budget for the twelvemonth period from July 1, 2024 through June 30, 2025?

2. Should the Successor Agency to the La Mesa Community Redevelopment Agency adopt a resolution approving the Recognized Obligation Payment Schedule for the twelve-month period from July 1, 2024 through June 30, 2025? Recommendation:

1. That the Successor Agency to the La Mesa Community Redevelopment Agency adopt a resolution approving the Administrative Budget for the twelvemonth period from July 1, 2024 through June 30, 2025; and

2. That the Successor Agency to the La Mesa Community Redevelopment Agency adopt a resolution approving the Recognized Obligation Payment Schedule for the twelve-month period from July 1, 2024 through June 30, 2025.

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Report to Mayor and Councilmembers
Date: December 12, 2023
Page: 2 of 4
Fiscal Impact:

The ROPS 24-25 identifies all payment obligations of the Successor Agency to the La Mesa Community Redevelopment Agency (Successor Agency), the anticipated timeframes for payment of the obligations, and the funding sources from which the payments are made. Of note, the ROPS 24-25 includes as Item #5 on the ROPS Detail, as an enforceable obligation of the Successor Agency, the City’s carryback loan to the former La Mesa Community Redevelopment Agency for the former Redevelopment Agency’s purchase of real property from the City for development of low and moderate income affordable housing, among other items. This Item #5 was previously approved by the Successor Agency, the Oversight Board to the La Mesa Successor Agency, and the California Department of Finance (Department of Finance) on a prior ROPS as an “enforceable obligation”.

DISCUSSION:

The Dissolution Law governing the wind-down of the former La Mesa Community Redevelopment Agency’s (Former RDA) affairs requires the Successor Agency to prepare an Administrative Budget before each fiscal year period and to submit the Administrative Budget to the Oversight Board (defined below) for approval. The Dissolution Law further requires the Successor Agency to provide to the San Diego County Auditor-Controller (County Auditor-Controller) for each 6-month period in the fiscal year the administrative cost estimates from its approved Administrative Budget that are to be paid from property tax revenues (i.e. former tax increment revenues) deposited in the County’s Redevelopment Property Tax Trust Fund (RPTTF) established for the Successor Agency. The administrative cost estimates paid with RPTTF for the fiscal year is also known as Administrative Cost Allowance. Based on a thorough review of past and present administrative expenses and responsibilities, the Successor Agency is requesting for Fiscal Year 2024-2025 a total amount of $60,552 as its Administrative Cost Allowance to pay its estimated administrative costs that are detailed in the proposed Administrative Budget.

In addition, the Dissolution Law requires the Successor Agency to prepare a ROPS before each fiscal year period and to submit the ROPS for the fiscal year period of July 1, 2024 through June 30, 2025 (ROPS 24-25), after approval by the Oversight Board (defined below), to the Department of Finance and the County Auditor-Controller not later than February 1, 2024. The ROPS serves as the designated reporting mechanism for disclosing the Successor Agency’s minimum fiscal year payment obligations by amount and source. The County Auditor-Controller is responsible for ensuring that the Successor Agency receives revenues from the RPTTF sufficient to meet the requirements of the ROPS during each fiscal year period. In this regard, RPTTF funds are paid by the County

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Report to Mayor and Councilmembers
Date: December 12, 2023
Page: 3 of 4
Auditor-Controller to the Successor Agency on January 2 and June 1 of each year to make payments on the approved ROPS. The Successor Agency has determined that it requires a total amount of $964,221 from the RPTTF for Fiscal Year 2024-2025 to meet the financial enforceable obligations of the Successor Agency listed on the ROPS 24-25.

Payment obligations listed on the ROPS 24-25 include funding for the legal defense of the lawsuit filed by the San Diego Affordable Housing Coalition, funding for annual auditing services, and payment to the City of the City’s carryback loan to the Former RDA for the Former RDA’s purchase of real property located at 8181 Allison Avenue, La Mesa, California (commonly referred to as the “Old Police Station Site”) from the City for development of low and moderate income affordable housing, and the Administrative Cost Allowance for the Successor Agency.

As a part of the ROPS 24-25, the Dissolution Law requires a reporting of cash balances for the prior period from July 1, 2021 through June 30, 2022 to determine the amount of unspent RPTTF funds received by the Successor Agency for payment obligations listed on the ROPS 21-22 that can be allocated and used toward payment obligations listed on the ROPS 24-25. A separate reconciliation of the ROPS 21-22 covering the period from July 1, 2021 through June 30, 2022 has determined an unaudited total amount of $11,510 in unspent RPTTF funds which, if concurred by the Department of Finance, will be used by the Successor Agency to fund payment obligations listed on the ROPS 24-25, and therefore reduce the amount of RPTTF to be paid by the County Auditor-Controller to the Successor Agency in Fiscal Year 2024-2025 for the ROPS 24-25.

In 2018, the County of San Diego Countywide Redevelopment Successor Agency Oversight Board (Oversight Board) was established pursuant to the Dissolution Law. This Oversight Board oversees all successor agencies located in the County of San Diego, including the Successor Agency, and replaces by operation of law the previously constituted local oversight board of the Successor Agency. The Oversight Board possesses fiduciary responsibilities to holders of enforceable obligations and taxing entities that benefit from distributions of property taxes and other revenues. The duties and responsibilities of the Oversight Board are set forth in the Dissolution Law.

Pursuant to the Dissolution Law, the Successor Agency is obligated to prepare and submit the ROPS on forms provided by the Department of Finance. In this regard, the Successor Agency staff has included in both Resolution No. 2023-043 SA (i.e. Section 3(vi)) and Resolution No. 2023-044 SA (i.e. Section 3(iv)) authorization and direction to the Executive Director or designee to revise the ROPS 24-25 and the Administrative Budget (if necessary), and make such changes and amendments as necessary, before official submittal of the ROPS 24-25 and the Administrative Budget to the Oversight Board and the Department of Finance in order to complete the ROPS 24-25 and the Administrative Budget in the manner provided by the Department of Finance and to conform the ROPS 24-25 and the Administrative Budget to the form or format as

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Report to Mayor and Councilmembers
Date: December 12, 2023
Page: 4 of 4
prescribed by the Department of Finance. The Oversight Board will consider the Administrative Budget and the ROPS 24-25 at its meeting set for Thursday, January 18, 2024, and the deadline to submit the ROPS 24-25 to the Department of Finance is February 1, 2024.

CONCLUSION:

Staff recommends that the Successor Agency take the following actions:

1. Adopt a resolution approving the Administrative Budget for the twelve-month period from July 1, 2024 through June 30, 2025; and

2. Adopt a resolution approving the Recognized Obligation Payment Schedule for the twelve-month period from July 1, 2024 through June 30, 2025 (ROPS 24-25).

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Tammi Royales
City Manager Director of Finance
Attachments: A. Resolution No. 2023-043 SA Approving the Administrative Budget B. Administrative Budget
C. Resolution No. 2023-044 SA Approving the ROPS 24-25
D. ROPS 24-25

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1 RESOLUTION NO. 2023–043 SA

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE LA MESA

COMMUNITY REDEVELOPMENT AGENCY APPROVING THE
ADMINISTRATIVE BUDGET FOR THE 12-MONTH FISCAL YEAR
PERIOD FROM JULY 1, 2024 THROUGH JUNE 30, 2025 (ROPS 24- 25 PERIOD) AND APPROVING RELATED ACTIONS
WHEREAS, the La Mesa Community Redevelopment Agency (“Redevelopment Agency”) was a redevelopment agency in the City of La Mesa (“City”), duly created pursuant to the California Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code) (“Redevelopment Law”);
WHEREAS, Assembly Bill No. X1 26 (2011-2012 1st Ex. Sess.) (“AB 26”) was signed by the Governor of California on June 28, 2011, making certain changes to the Redevelopment Law and to the California Health and Safety Code (“H&S Code”), including adding Part 1.8 (commencing with Section 34161) (“Part 1.8”) and Part 1.85 (commencing with Section 34170) (“Part 1.85”) to Division 24 of the H&S Code; WHEREAS, pursuant to AB 26, as modified by the California Supreme Court on December 29, 2011 by its decision in California Redevelopment Association v.

Matosantos, all California redevelopment agencies, including the Redevelopment Agency, were dissolved on February 1, 2012, and successor agencies were designated and vested with the responsibility of paying, performing and enforcing the enforceable obligations of the former redevelopment agencies and expeditiously winding down the business and fiscal affairs of the former redevelopment agencies; WHEREAS, the City Council of the City adopted Resolution No. 2012-005 on January 10, 2012, pursuant to Part 1.85 of AB 26, electing for the City to serve as the successor agency to the Redevelopment Agency upon the dissolution of the Redevelopment Agency on February 1, 2012 under AB 26 (“Successor Agency”), and electing for the City to retain the responsibility for performing housing functions of the Redevelopment Agency upon the dissolution of the Redevelopment Agency on February 1, 2012 under AB 26 (“Housing Successor”);
WHEREAS, on February 1, 2012, the Redevelopment Agency was dissolved by operation of law and the Successor Agency and Housing Successor were established pursuant to AB 26;
WHEREAS, AB 26 has since been amended by various assembly and senate bills enacted and signed by the Governor. AB 26 as amended is hereinafter referred to as the “Dissolution Law”;
WHEREAS, in 2018, the County of San Diego Countywide Redevelopment Successor Agency Oversight Board (“Oversight Board”) was established pursuant to H&S Code Section 34179(j) of the Dissolution Law. The Oversight Board possesses

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2 fiduciary responsibilities to holders of enforceable obligations and taxing entities that benefit from distributions of property taxes and other revenues. The duties and responsibilities of the Oversight Board are primarily set forth in H&S Code Sections 34179 through 34181 of the Dissolution Law;
WHEREAS, on July 16, 2013, the California Department of Finance (“Department of Finance”) issued the Finding of Completion to the Successor Agency pursuant to H&S Code Section 34179.7 of the Dissolution Law; WHEREAS, H&S Code Section 34177(j) of the Dissolution Law requires the Successor Agency to prepare an administrative budget and submit the administrative budget to the Oversight Board for approval. The administrative budget shall include all of the following: (i) estimated amounts for Successor Agency administrative costs for the upcoming two 6-month fiscal periods; (ii) proposed sources of payment for Successor Agency administrative costs; and (iii) proposals for arrangements for administrative and operations services provided by the City or other entity; WHEREAS, H&S Code Section 34177(k) of the Dissolution Law requires the Successor Agency to provide to the San Diego County Auditor-Controller (“County Auditor-Controller”) for each 6-month fiscal period the administrative cost estimates from its approved administrative budget that are to be paid from property tax revenues (i.e. former tax increment revenues) deposited in the County’s Redevelopment Property Tax Trust Fund (“RPTTF”) established for the Successor Agency; WHEREAS, staff of the Successor Agency seeks the Successor Agency’s approval of the administrative budget for the 12-month fiscal year period from July 1, 2024 through June 30, 2025 (“Administrative Budget”), in the form presented to the Successor Agency at this meeting, and the Successor Agency’s authorization to submit the approved Administrative Budget to the Oversight Board for its approval and to forward the information required by H&S Code Section 34177(k) to the County AuditorController; WHEREAS, the Administrative Budget has been prepared in accordance with H&S Code Section 34177(j) of the Dissolution Law and is consistent with the requirements of the H&S Code and other applicable law. As indicated in the Administrative Budget, the Successor Agency does not directly employ its own staff but relies on the employees and staff members of the City to perform its functions and operations required by the Dissolution Law;
WHEREAS, the proposed source of payment of the costs set forth in the Administrative Budget in the amount of $60,552 is property taxes from the County’s RPTTF established for the Successor Agency. These costs in the amount of $60,552 are listed as Item #15 on the proposed Recognized Obligation Payment Schedule for the 12-month fiscal year period from July 1, 2024 through June 30, 2025 (“ROPS 24- 25”) for funding from RPTTF, which ROPS 24-25 is proposed to be considered by the Successor Agency at this same meeting of the Successor Agency;

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3 WHEREAS, as required by H&S Code Section 34180(j) of the Dissolution Law, the Successor Agency will submit a copy of the Administrative Budget to the San Diego County Administrative Officer, the County Auditor-Controller, and the Department of Finance at the same time that the Successor Agency submits the Administrative Budget to the Oversight Board for review and approval;
WHEREAS, as required by H&S Code Section 34179(f) of the Dissolution Law, all notices required by law for proposed actions of the Oversight Board will be posted on the Successor Agency’s internet website or the Oversight Board’s internet website; WHEREAS, pursuant to H&S Code Section 34179(h)(1) of the Dissolution Law, written notice and information about all actions taken by the Oversight Board shall be provided to the Department of Finance as an approved Resolution by electronic means and in a manner of the Department of Finance’s choosing; except, however, the Oversight Board is not required, pursuant to H&S Code Section 34179(h)(1)(B), to submit the Oversight Board action approving the Administrative Budget to the Department of Finance for its approval;
WHEREAS, in furtherance of Part 1.85 of the Dissolution Law, a copy of the Administrative Budget as it may be approved by the Oversight Board will be submitted to the County Auditor-Controller and the State Controller’s Office and will be posted on the Successor Agency’s internet website. If desired by the Successor Agency and the Oversight Board, a copy of the Administrative Budget as it may be approved by the Oversight Board will be submitted to the Department of Finance; WHEREAS, pursuant to H&S Code Section 34183(a)(2) and (3) of the Dissolution Law, the County Auditor-Controller is required to make a payment of property tax revenues (i.e. former tax increment funds) from the RPTTF to the Successor Agency on June 1, 2024 and January 2, 2025 for payments to be made toward recognized obligations listed on the approved ROPS 24-25 and for the administrative cost allowance for administrative costs set forth in the Administrative Budget; and
WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met.

NOW, THEREFORE, the Successor Agency to the La Mesa Community Redevelopment Agency does hereby resolve as follows:

Section 1. The Successor Agency determines that the foregoing recitals are true and correct and are a substantive part of this Resolution.

Section 2. The Successor Agency approves the Administrative Budget for the 12-month fiscal year period from July 1, 2024 through June 30, 2025, in substantially the form presented to the Successor Agency at this meeting.

Section 3. The Executive Director, or designee, of the Successor Agency is

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4 authorized and directed to: (i) submit the approved Administrative Budget to the Oversight Board for its review and approval and concurrently submit a copy of the Administrative Budget to the County Administrative Officer, the County AuditorController, and the Department of Finance; (ii) if desired by the Successor Agency or the Oversight Board, submit the Administrative Budget, as approved by the Oversight Board, and written notice of the Oversight Board’s approval of the Administrative Budget by Resolution, to the Department of Finance electronically pursuant to H&S Code Section 34179(h)(1) of the Dissolution Law; (iii) submit a copy of the Administrative Budget, as approved by the Oversight Board, to the County Auditor-Controller and the State Controller’s Office; (iv) post the Administrative Budget, as approved by the Oversight Board, on the Successor Agency’s internet website; (v) upon approval of the Oversight Board, submit to the County Auditor-Controller the administrative cost estimates from the Administrative Budget in the amount of $60,552 that are to be paid from property tax revenues deposited in the County’s Redevelopment Property Tax Trust Fund established for the Successor Agency; (vi) revise the Administrative Budget, and make such changes and amendments as necessary, before official submittal of the Administrative Budget to the Oversight Board and the Department of Finance in order to complete the Administrative Budget in the manner provided by the Department of Finance and to conform the Administrative Budget to the form or format as may be prescribed by the Department of Finance; and (vii) take such other actions and execute such other documents as are necessary to effectuate the intent of this Resolution on behalf of the Successor Agency.

Section 4. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Successor Agency declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 5. The adoption of this Resolution is not intended to and shall not constitute a waiver by the Successor Agency of any constitutional, legal or equitable rights that the Successor Agency may have to challenge, through any administrative or judicial proceedings, the effectiveness and/or legality of all or any portion of the Dissolution Law, any determinations rendered or actions or omissions to act by any public agency or government entity or division in the implementation of the Dissolution Law, and any and all related legal and factual issues, and the Successor Agency expressly reserves any and all rights, privileges, and defenses available under law and equity.

Section 6. This Resolution shall take effect immediately upon its adoption.

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5 PASSED AND ADOPTED at a meeting of the Successor Agency to the La Mesa Community Redevelopment Agency held on the 12
th day of December 2023, by the
following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF SECRETARY
I, MEGAN WIEGELMAN, Secretary of the Successor Agency to the La Mesa Community Redevelopment Agency, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023-043 SA, duly passed and adopted by the Successor Agency to the La Mesa Community Redevelopment Agency on the date and by the vote therein recited.

MEGAN WIEGELMAN, CMC, Secretary
(SEAL OF CITY)

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Successor Agency to the La Mesa Redevelopment Agency
Agency Administrative Budget
ROPS 24-25
July - December
2024
January - June
2025
Total for Fiscal
Year 2024-2025

SALARIES AND BENEFITS
Salaries $7,537.25 $7,537.25 $15,074.51
Benefits $7,143.53 $7,143.53 $14,287.05
Total Salaries & Benefits $14,680.78 $14,680.78 $29,361.56

OTHER OPERATING EXPENSES
Materials, Services & Supplies
Cell Phone Allowance $95.00 $95.00 $190.00
Office Supplies $0.00 $0.00 $0.00
Postage $0.00 $0.00 $0.00
Books, Subscriptions & Printing $0.00 $0.00 $0.00
Special Dept Supplies $0.00 $0.00 $0.00
Advertising $50.00 $50.00 $100.00
Mileage $0.00 $0.00 $0.00
Professional & Specialized Services $15,000.00 $15,000.00 $30,000.00 Car Allowance $450.00 $450.00 $900.00
Misc Other Charges $0.00 $0.00 $0.00
Special Other Charges $0.00 $0.00 $0.00
Total Materials, Services & Supplies $15,500.00 $15,500.00 $31,000.00 Total Successor Agency Admin Allowance $30,275.78 $30,275.78 $60,551.56

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1 RESOLUTION NO. 2023-044 SA

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE LA MESA

COMMUNITY REDEVELOPMENT AGENCY APPROVING AND

ADOPTING THE RECOGNIZED OBLIGATION PAYMENT
SCHEDULE (ROPS 24-25) FOR THE 12-MONTH FISCAL YEAR
PERIOD FROM JULY 1, 2024 THROUGH JUNE 30, 2025 AND

APPROVING RELATED ACTIONS
WHEREAS, the La Mesa Community Redevelopment Agency (“Redevelopment Agency”) was a redevelopment agency in the City of La Mesa (“City”), duly created pursuant to the California Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code) (“Redevelopment Law”);
WHEREAS, Assembly Bill No. X1 26 (2011-2012 1st Ex. Sess.) (“AB 26”) was signed by the Governor of California on June 28, 2011, making certain changes to the Redevelopment Law and to the California Health and Safety Code (“H&S Code”), including adding Part 1.8 (commencing with Section 34161) (“Part 1.8”) and Part 1.85 (commencing with Section 34170) (“Part 1.85”) to Division 24 of the H&S Code; WHEREAS, pursuant to AB 26, as modified by the California Supreme Court on December 29, 2011 by its decision in California Redevelopment Association v.

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2 H&S Code Section 34179(j) of the Dissolution Law. The Oversight Board possesses fiduciary responsibilities to holders of enforceable obligations and taxing entities that benefit from distributions of property taxes and other revenues. The duties and responsibilities of the Oversight Board are primarily set forth in H&S Code Sections 34179 through 34181 of the Dissolution Law;
WHEREAS, on July 16, 2013, the California Department of Finance (“Department of Finance”) issued the Finding of Completion to the Successor Agency pursuant to H&S Code Section 34179.7 of the Dissolution Law; WHEREAS, pursuant to H&S Code Section 34171(h) of the Dissolution Law, “Recognized Obligation Payment Schedule” (“ROPS”) means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations of the Successor Agency for each fiscal year as provided in H&S Code Section 34177(o) of the Dissolution Law;
WHEREAS, pursuant to H&S Code Section 34177(l)(3) of the Dissolution Law, the ROPS shall be forward looking to the next one year in accordance with H&S Code Section 34177(o);
WHEREAS, according to H&S Code Section 34177(l)(1) of the Dissolution Law, the Successor Agency shall prepare a ROPS before each fiscal year period. For each recognized obligation, the ROPS shall identify one or more of the following sources of payment: (i) Low and Moderate Income Housing Funds, (ii) bond proceeds, (iii) reserve balances, (iv) administrative cost allowance, (v) the Redevelopment Property Tax Trust Fund (“RPTTF”) but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation or by the provisions of Part 1.85 of the Dissolution Law, and (vi) other revenue sources, including rents, concessions, asset sale proceeds, interest earnings, and any other revenues derived from the former Redevelopment Agency as approved by the Oversight Board in accordance with Part 1.85 of the Dissolution Law;
WHEREAS, it is the intent of the Dissolution Law that the ROPS serve as the designated reporting mechanism for disclosing the Successor Agency’s minimum fiscal year payment obligations by amount and source and that the San Diego County Auditor-Controller (“County Auditor-Controller”) will be responsible for ensuring that the Successor Agency receives revenues sufficient to meet the requirements of the ROPS during each fiscal year period;
WHEREAS, pursuant to H&S Code Section 34177(o) of the Dissolution Law, the Successor Agency is required to submit the ROPS for the fiscal year period of July 1, 2024 through June 30, 2025, after its approval and adoption by the Oversight Board, to the Department of Finance and the County Auditor-Controller not later than February 1, 2024;
WHEREAS, the ROPS covering the 12-month fiscal year period from July 1, 2024 through June 30, 2025 (“ROPS 24-25”) is presented to the Successor Agency at

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3 this meeting for review, approval, and adoption;
WHEREAS, if approved and adopted by the Successor Agency, the ROPS 24-25 shall thereafter be submitted to the Oversight Board for review, approval, and adoption.

In this regard, H&S Code Sections 34177(l)(2)(B) and 34180(j) of the Dissolution Law requires the Successor Agency to submit a copy of the ROPS 24-25 to the San Diego County Administrative Officer (“County Administrative Officer”), the County AuditorController, and the Department of Finance at the same time that the Successor Agency submits the ROPS 24-25 to the Oversight Board for approval; WHEREAS, pursuant to H&S Code Section 34177(l)(2)(C) of the Dissolution Law, a copy of the Oversight Board-approved ROPS 24-25 shall be submitted to the County Auditor-Controller, the State Controller’s Office and the Department of Finance and shall be posted on the Successor Agency’s internet website; WHEREAS, pursuant to H&S Code Section 34177(o)(1)(A) of the Dissolution Law, the Successor Agency shall submit a copy of the Oversight Board-approved ROPS 24-25 to the Department of Finance in the manner provided by the Department of Finance;
WHEREAS, pursuant to H&S Code Section 34183(a)(2) of the Dissolution Law, the County Auditor-Controller is required to make a payment of property tax revenues (i.e. former tax increment funds) from the RPTTF to the Successor Agency on June 1, 2024 and January 2, 2025 for payments to be made toward recognized obligations listed on the ROPS 24-25 and approved by the Department of Finance; WHEREAS, the proposed ROPS 24-25 is consistent with the requirements of the H&S Code and other applicable law;
WHEREAS, the proposed ROPS 24-25 contains the schedules for payments on enforceable obligations required for the applicable fiscal year period and sources of funds for payments as required pursuant to H&S Code Section 34177(l) of the Dissolution Law;
WHEREAS, pursuant to H&S Code Section 34177(o)(1) of the Dissolution Law, the ROPS 24-25 as approved and adopted by the Oversight Board shall be submitted to the Department of Finance and the County Auditor-Controller no later than February 1, 2024. Section 34177(o)(1) further provides that the Department of Finance shall make its determination of the enforceable obligations and the amounts and funding sources of the enforceable obligations no later than April 15, 2024 and that the Successor Agency may, within five (5) business days of the Department of Finance’s determination, request additional review by the Department of Finance and an opportunity to meet and confer on disputed items. In the event of a meet and confer and request for additional review, the Department of Finance shall notify the Successor Agency and the County Auditor-Controller as to the outcome of its review at least fifteen (15) calendar days before the date of the first property tax distribution for that period (i.e. before June 1, 2024); and

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4 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met.

NOW, THEREFORE, the Successor Agency to the La Mesa Community Redevelopment Agency does hereby resolve as follows:

Section 1. The Successor Agency determines that the foregoing recitals are true and correct and are a substantive part of this Resolution.

Section 2. The Successor Agency approves and adopts the ROPS 24-25 for the 12-month fiscal year period from July 1, 2024 through June 30, 2025, in substantially the form presented to the Successor Agency at this meeting.

Section 3. The Executive Director, or designee, of the Successor Agency is authorized and directed to: (i) provide the ROPS 24-25 to the Oversight Board for review, approval, and adoption and concurrently submit a copy of the ROPS 24-25 to the County Administrative Officer, the County Auditor-Controller, and the Department of Finance; (ii) submit the ROPS 24-25, as approved and adopted by the Oversight Board, to the Department of Finance and to the County Auditor-Controller no later than February 1, 2024; (iii) submit a copy of the ROPS 24-25, as approved and adopted by the Oversight Board, to the State Controller’s Office and post the ROPS 24-25 on the Successor Agency’s internet website; (iv) revise the ROPS 24-25, and make such changes and amendments as necessary, before official submittal of the ROPS 24-25 to the Oversight Board and the Department of Finance in order to complete the ROPS 24- 25 in the manner provided by the Department of Finance and to conform the ROPS 24- 25 to the form or format as prescribed by the Department of Finance; (v) make other non-substantive changes and amendments to the ROPS 24-25 as may be approved by the Executive Director of the Successor Agency and its legal counsel; and (vi) take such other actions and execute such other documents as are necessary to effectuate the intent of this Resolution on behalf of the Successor Agency.

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5 expressly reserves any and all rights, privileges, and defenses available under law and equity.

Section 6. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED at a meeting of the Successor Agency to the La Mesa Community Redevelopment Agency held on the 12
th day of December 2023, by the
following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF SECRETARY
I, MEGAN WIEGELMAN, Secretary of the Successor Agency to the La Mesa Community Redevelopment Agency, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023-044 SA, duly passed and adopted by the Successor Agency to the La Mesa Community Redevelopment Agency on the date and by the vote therein recited.

MEGAN WIEGELMAN, CMC, Secretary
(SEAL OF CITY)

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Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: La Mesa
County: San Diego
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 913,945 $ 50,276 $ 964,221 F RPTTF 883,669 20,000 903,669
G Administrative RPTTF 30,276 30,276 60,552
H Current Period Enforceable Obligations (A+E) $ 913,945 $ 50,276 $ 964,221 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date

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La Mesa
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025

OB 2017-04
finding loan
was made for
legitimate
redevelopment
purposes and
approving
repayment
Fletcher
Pkwy
4,614,570 N $858,319 - - - 858,319 - $858,319 - - - - - $- 11 AD98-1 Bond
Fiscal Agent
Fees
Fees 06/24/
1998
09/30/2024 US Bank Fiscal Agent
fees as
required by
bond issuanceEnforceable
Obligation per
HSC
34171(d)(1)(A)
and
34171(d)(1)(E)
Alvarado
Creek
- Y $- - - - - - $- - - - - - $-
12 AD98-1 Fees 06/24/ 09/30/2024 Stradling, Annual Alvarado - Y $- - - - - - $- - - - - - $-

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A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
24-25
Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
Annual
Disclosure
Fees
1998 Yocca,
Carlson
Disclosure
Fees as
required by
bond issuanceEnforceable
Obligation per
HSC
34171(d)(1)(A)
and
34171(d)(1)(E)
Creek
15 Administrative
Cost
Allowance
Admin Costs 07/01/
2024
06/30/2025 Various Administrative
Cost
Allowance
under AB1X26
- See
Oversight
Board
Resolution
approving the
Administrative
Budget and
Administrative
Cost
Allowance
n/a 60,552 N $60,552 - - - - 30,276 $30,276 - - - - 30,276 $30,276 17 Defense of
Affordable
Housing
Coalition
Lawsuit
Litigation 07/30/
2013
06/30/2025 Kane,
Ballmer &
Berkman/
SA
Legal Defense
of Affordable
Housing
Coalition's
lawsuitEnforceable
Obligation per
HSC 34171(b)
and
34171(d)(1)(F)
Central/
Fletcher/
Alvarado
Creek
42,000 N $42,000 - - - 22,000 - $22,000 - - - 20,000 - $20,000 20 Deferred
Housing SetAside
Miscellaneous 06/30/
1994
06/30/2037 La Mesa
Housing
Successor
Agency
Asset
Fund
(Low/Mod
Income
Hsng
Asset
Fund)
Deferred Set
Aside amounts
owed to
Central Project
Area to be paid
from RPTTF -
Enforceable
Obligation per
HSC
34171(d)(1)(G)
and HSC
34176(e)(6)
Central - Y $- - - - - - $- - - - - - $-
21 Contract for Professional 05/23/ 06/30/2025 Rogers, Auditing Central/ 3,350 N $3,350 - - - 3,350 - $3,350 - - - - - $-

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La Mesa
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution
amount.
507,573 126,990 3,939 136,280 C1: Amount held by Fiscal Agent per bond covenant. E1: $98,846 PPA (ROPS 19-20)
per DOF Determination letter dated 3/25/22
PLUS $28,144 PPA (ROPS 20-21) per DOF
Determination letter dated 3/24/23. F1: Cash
on hand with Trustee. G1: $136,280 PPA
(ROPS 18-19) per DOF Determination letter
dated 4/2/21.
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller
1,588,696 G2: ROPS 21-22A/B RPTTF Distributions per
DOF Determination letter dated 4/2/21 and
paid by County Auditor/Controller
3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
3,939 1,713,612 F3: Cash on hand applied by trustee to debt service payment. G3: Expenditures per Audit
Trail for FY 2021-2022. Including the
$136,280 PPA (ROPS 18-19) per ROPS
21-22 DOF Determination 4/2/21.
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
507,573 126,990 - - C4: Amount held in reserve by fiscal agent per bond covenant. E4: $98,846 PPA (ROPS
19-20) per DOF Determination letter dated 3/

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Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

Non-Admin
and Admin
25/22 allocated by DOF to reduce ROPS
22-23 RPTTF distribution PLUS $28,144 PPA
(ROPS 20-21).
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
No entry required 11,510
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $- $(146)

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La Mesa
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
3 PAID IN FULL
5 On 12/7/17, OB approved Reso 2017-04, (i) finding per Section 34191.4(b)(1) that City's seller carryback loan provided to former RDA was for legitimate redevelopment purposes; (ii) approving the loan as an EO of SA; (iii) approving repayment of remaining principal balance of $6M of original Purchase Price from RPTTF as an EO to be listed on successive ROPS; and (iv) authorizing SA Exec Dir to include repayment on successive ROPS until the loan is repaid in full. On 1/23/18, DOF letter approved the loan and repayment of loan on the ROPS in outstanding principal balance of $5.3M. For ROPS 24-25, Item A-5, SA estimates the permissible RPTTF payment of $858,319, calculated per Section 34191.4(b) as the 50% increase in residual RPTTF paid to ATE's in FY2012-2013 of $2,083,973 and estimated to be paid to ATE's in current year 2023-2024 of $3,800,612. 11 PAID IN FULL
12 PAID IN FULL, NO REPORT REQUIRED
15 17 Funds required for defense of the Affordable Housing Coalition of San Diego County v. City of La Mesa as Successor Agency to La Mesa Community Redevelopment Agency et al. Litigation costs due to the filing of a lawsuit by the Affordable Housing Coalition of San Diego County against several successor agencies alleging that unmet obligations of the former RDA pursuant to the California Community Redevelopment Law constitute an enforceable obligation of the SA payable from RPTTF.

Cost relating to potential and pending litigation in connection with assets or obligations constitute an enforceable obligation of the SA and shall be payable from RPTTF funds, not as an administrative cost, pursuant to HSC Section 34171(b) and 34171(d)(1)(F) of the Dissolution Law. Two thousand dollars of the $42,000 of the RPTTF requested for this item will be used to repay the City for it's loan to the SA to pay overages for this item in Fiscal Year 2022-2023. 20 Paid in full
21

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REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: December 12, 2023
SUBJECT: INTRODUCTION OF THE FIRST READING OF AN
ORDINANCE ADDING CHAPTER 6.07 TO THE LA

MESA MUNICIPAL CODE REQUIRING THE LICENSING

OF TOBACCO RETAILERS
ISSUING DEPARTMENT: City Manager
SUMMARY:

Issues:

Should the City Council adopt an ordinance to add Chapter 6.07 to the La Mesa Municipal Code to require Tobacco Retailers in the City of La Mesa to obtain a City Tobacco Retail License?
Recommendation:

That the City Council approve the First Reading of an Ordinance to add Chapter

6.07 to the La Mesa Municipal Code requiring the licensing of tobacco retailers Fiscal Impact:

There is no direct fiscal impact associated with the recommendation. The proposed policy is established to recover 100% of the costs associated with implementing, maintaining, and enforcing the policy through licensing fees.

City’s Strategic Goals:
 Maintain a community where residents and visitors feel safe.  Promote a high quality of life that current and future generations can afford to call home.

Page 86 of 102 ends

Report to Mayor and Councilmembers
Date: December 12, 2023
Page: 2 of 4
BACKGROUND:

At the March 4, 2023 City Council meeting, at the request of Councilmember Shu, the City Council directed staff to draft a Tobacco Retailer Licensing Ordinance and created an Ad-Hoc Subcommittee comprised of Councilmember Dillard and Councilmember Shu to assist staff with the details of the Ordinance.

DISCUSSION:

There are several laws in California that regulate the sale of tobacco products; however, achieving overall compliance with those regulations continues to be a challenge. Studies have shown that local tobacco licensing programs can substantially reduce the illegal sale of tobacco products to minors.

What is a Local Tobacco Retailer License Program. The State of California requires all tobacco retailers to have a State license to sell tobacco products. The purpose of the State license is to collect taxes and monitor the sale of unregulated tobacco products. A local Tobacco Retailer License Program (TRLP) is in addition to the State license. A TRLP is created to provide authority to local jurisdictions to proactively monitor the sale and/or distribution of tobacco products to minors and provide local enforcement mechanisms.

Local San Diego County Jurisdictions. Currently, ten local San Diego County jurisdictions have a TRLP. Below is a chart summarizing each City’s (excluding the City of San Diego and County of San Diego) TRLP fees and enforcement approaches:

City TRLP
Fee Violation Schedule
Chula Vista $322
1 st Warning issued
2 nd 90-day tobacco license suspension
3 rd 1-year tobacco license suspension
4 th Tobacco license revoked
El Cajon $675
1 st $2,500 fine and two additional compliance checks
2 nd $2,500 fine, 60-day suspension and two additional compliance checks
3 rd $2,500 fine, 120-day suspension and two additional compliance checks
4 th License revoked, $2,500 fine and proprietor shall never be issued a license again
Escondido $88
1 st Warning issued
2 nd 90-day tobacco license suspension
3 rd 1-year tobacco license suspension
4 th Tobacco license revoked

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Report to Mayor and Councilmembers
Date: December 12, 2023
Page: 3 of 4
Lemon
Grove $250
1 st Written warning and assess for fine (not defined)
2 nd Mandatory employee training and assess for fine (not defined) 3 rd License suspended or revoked
Oceanside $319
1 st 30-day suspension
2 nd 90-day suspension
3 rd Tobacco license revoked
San
Marcos $190
1 st Issue warning, warn of penalties for future violations, employees must attend City training
2 nd 90-day tobacco license suspension
3 rd 1-year tobacco license suspension
4 th Tobacco license revoked, plus fine
Solana
Beach $110
1 st 30-day suspension or $1,000 fine
2 nd 90-day suspension plus $1,000 fine
3 rd 1-year tobacco license suspension plus $1,000 fine 4 th Tobacco license revoked, plus fine
Vista $250
1 st
 $1,000 fine
 Training required for Licensee and employees:
o Must be a City-approved training
o Must complete in 60 days following the violation
2 nd 60-day tobacco license suspension
3 rd 1-year tobacco license suspension
4 th Tobacco license revoked
Draft Ordinance. Following review of the various local TRLPs, the Ad-Hoc Subcommittee and staff drafted a TRLP that will conduct random continuous compliance monitoring to the current 65 tobacco retailers in the City. Additionally, the TRLP will have an aggressive enforcement program. Below is a summary of the primary components to the TRLP:
 All tobacco retailers within the City must obtain and maintain a valid TRL annually.  The fee to issue or to renew a TRL shall be established by resolution of the City Council.
 Compliance checks shall be conducted by any peace officer, code enforcement official, or contractor designated by the City.
 Penalties for violating tobacco laws that regulate underage sales:
o First violation: $1,000 fine and required training
o Second violation: 60-day tobacco license suspension
o Third violation: 1-year tobacco license suspension
o Fourth violation: Tobacco license revoked

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Report to Mayor and Councilmembers
Date: December 12, 2023
Page: 4 of 4
Letters (Attachment B) were mailed to all La Mesa tobacco retailers regarding the proposed program for informational purposes.

NEXT STEPS:

The draft TRLP Ordinance would be effective 30 days after its adoption. If approved, the second reading (adoption date) would be scheduled for January 9, 2024 and become effective February 8, 2024. The Ordinance will become operative (enforceable) on May 8, 2024, which is 90 days subsequent to its effective date. The purpose of the 90 days is to allow sufficient time to inform and educate the public, and particularly tobacco retailers, regarding the TRLP.

If adopted, the TRLP will require new fees to be paid by tobacco retailers in order for the City to provide the services needed to administer and enforce the program. Based on direction from the Ad-Hoc Subcommittee, La Mesa’s TRLP is being modeled after El Cajon’s TRLP, which utilizes a non-profit organization to conduct the compliance monitoring and a legal firm to assist with the enforcement program. Based on quotes received, the annual costs to operate the TRLP is $500 per tobacco retailer. If the TRLP is adopted, staff will prepare a resolution for consideration by the City Council at a future meeting to amend the City’s Master Fee Schedule to add a TRLP fee.

RECOMMENDATION:

Staff recommends that the City Council receive an Introduction to and approve the First Reading of an Ordinance to add Chapter 6.07 to the La Mesa Municipal Code requiring the licensing of tobacco retailers
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Amanda Lee
City Manager Assistant City Manager
Attachments: A. Ordinance adding Chapter 6.07 to the La Mesa Municipal Code Requiring the Licensing of Tobacco Retailers
B. Notification Letter to Tobacco Retailers

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ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA, CALIFORNIA, ADDING CHAPTER 6.07 TO THE LA MESA MUNICIPAL CODE

REQUIRING THE LICENSING OF TOBACCO RETAILERS
WHEREAS, California Penal Code Section 308 prohibits the sale or giving of tobacco products to persons under 21 years of age, as well as the purchase, receipt or possession of tobacco products by persons under 21 years of age; and
WHEREAS, California Business and Professions Code Section 22956 requires that tobacco retailers check the identification of tobacco purchasers, to establish the age of the purchaser, if the purchaser reasonably appears to be under 21 years of age; WHEREAS, California Business and Professions Code Section 22952 and California Penal Code Section 308 require that tobacco retailers post a conspicuous notice at each point of sale stating that selling tobacco products to anyone under 21 years of age is illegal; WHEREAS, California Business and Profession Code Section 22962 prohibits the sale or display of any tobacco product or paraphernalia, including electronic smoking devices though a self-service display or vending machine and prohibits public access to cigarettes without the assistance of a clerk;
WHEREAS, California Health and Safety Code section 104559.5 prohibits the sale of flavored tobacco products including flavored e-cigarettes and menthol cigarettes in retail stores in California;
WHEREAS, California Business and Professions Code Section 22971.3 authorizes local authorities to adopt tobacco retailer licensing laws to provide for the suspension and revocation of the local tobacco retailer license for any violation of a state tobacco control law; WHEREAS, studies have shown that local tobacco retail licensing programs coupled with a strong enforcement program substantially reduces youth access to tobacco; and NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the City Council of the City of La Mesa, California as follows:

SECTION 1: The City Council finds and determines that the foregoing recitals are true and correct and hereby adopts such recitals as findings.

SECTION 2: The City Council desires to add a new Chapter 6.07 entitled “Tobacco Retail License”, to the La Mesa Municipal Code as follows:
“Chapter 6.07

TOBACCO RETAIL LICENSE

6.07.010 Definitions.

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section:

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A. Authorized address means the name and mailing address authorized by each proprietor to receive all license-related communications and notices.

B. Electronic vapor device means any device with a heating element, a battery or an electronic circuit that provides nicotine or other vaporized liquids to the user in a manner that simulates smoking tobacco products, shisha, herbs or any other product that produces smoke.

C. Electronic vapor inhalation substance products means cartridges, cartomizers, e-liquid, smoke juice, tanks, tips, atomizers, vaporizers, electronic smoking device batteries, electronic smoking device chargers and any other item specifically designed for the preparation, charging, or use of electronic vapor devices.

D. Electronic vapor device retailers means any establishment that sells electronic cigarettes or any products used in conjunction with electronic cigarettes, including, but not limited to, kits, e-liquids and ‘juice’.

E. Hookah means a pipe commonly, but not always, made of glass, used for vaporizing and smoking tobacco, flavored tobacco, non-flavored tobacco, shisha, dried fruits or other substances in which vapor or smoke is passed through a water basin before inhalation.

F. Proprietor means a legal owner, operator or agent acting on behalf of the same or equivalent similar interest as qualified in this subsection. Legal ownership status interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets or income of a business other than the sole interest of security for debt. Operator or agent status shall be deemed to exist when a person can or does have, or can or does share ultimate control over the day-to-day operations of a business.

G. Tobacco product means: (1) any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, dipping tobacco, or any other preparation of tobacco; (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale or otherwise distributed with the expectation that the product or matter will be introduced into the human lungs or mouth; (3) any electronic vapor device, electronic vapor inhalation substance and hookahs; and (4) any plant, weed or plant product that is manufactured, sold, offered for sale or otherwise distributed with the expectation that the product or matter will be introduced into the human lungs or mouth in smoke or vapor form, using any tobacco paraphernalia, but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence.

H. Tobacco paraphernalia means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines and any other item designed for the smoking or ingestion of tobacco products, hookahs, electronic vapor devices and electronic vapor inhalation substances.

I. Tobacco retailer means any person or proprietor who personally or through an agent, employee, contractor or other intermediary sells, offers for sale or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia, hookahs, electronic vapor devices and electronic vapor inhalation substances. ‘Tobacco retailing’ shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products or tobacco paraphernalia sold, offered for sale, exchanged or offered for exchange.

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6.07.020 Requirement for tobacco retailer license.

A. It shall be unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer’s license pursuant to this chapter for each location at which that activity is to occur.

B. A license may only issue to authorize tobacco retailing at a specified fixed address legally zoned for commercial activities at the location. For example, tobacco retailing by persons on foot and tobacco retailing from vehicles shall be prohibited.

C. No license shall be issued to authorize tobacco retailing at any location licensed under state law to serve alcoholic beverages for consumption on the premises (e.g., an ‘on-sale’ license issued by the California Department of Alcoholic Beverage Control) and no license shall be issued to authorize tobacco retailing at any location offering food for sale for consumption on the premises. For example, tobacco retailing in bars and restaurants shall be prohibited.

D. The license fee established pursuant to Section 6.07.060 confers paid status upon a license for a term of one year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer’s license no later than thirty days prior to expiration of the payment term.

E. Nothing in this chapter shall grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the right to act as a tobacco retailer at the location in the City specified in the license. For example, nothing in this chapter shall render inapplicable, supersede or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by California Labor Code Section 6404.5.

6.07.030 Application procedure.

Application for a tobacco retailer’s license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and signed by each proprietor or an authorized agent thereof. A proprietor proposing to conduct tobacco retailing at more than one location shall submit a separate application for each location. It is the responsibility of each proprietor to be informed of the laws affecting the issuance of a tobacco retailer’s license. All applications shall be submitted on a form supplied by the City and shall contain the following information:

A. The name, address and telephone number of each proprietor.

B. The business name, address and telephone number of the single fixed location for which a tobacco retailer’s license is sought.

C. The authorized address for each proprietor. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subsection B above.

D. Whether any proprietor has previously been issued a license pursuant to this chapter that is, or was at any time, suspended or revoked and, if so, the dates of the suspension period or the date of revocation.

E. Such other information as the City Manager deems necessary for the administration or enforcement of this chapter.

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6.07.040 Issuance of license.

Upon the receipt of an application for a tobacco retailer’s license and the license fee, the City shall issue a license unless reasonable evidence in the record demonstrates one of the following basis for denial:

A. The application is incomplete or inaccurate; or
B. The application seeks authorization for tobacco retailing by a proprietor for which or whom a suspension is in effect pursuant to this chapter; or C. The application seeks authorization for tobacco retailing by a proprietor for which or whom a suspension is in effect pursuant to this chapter; or at a location which has had a license revoked pursuant to this chapter provided; however, this subsection shall not constitute a basis for denial of a license if the applicant provides the City with documentation demonstrating by clear and convincing evidence that the applicant: (1) was not a proprietor at the time that: (a) a violation of this chapter occurred, or (b) an appeal of a citation for a violation of this chapter was pending; and (2) has acquired or is acquiring the premises or business in an arm’s length transaction. For the purposes of this subsection, an “arm’s length transaction” is defined as a third-party 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 under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, proprietors or a sale for the primary purpose of avoiding the effect of the violation of this chapter that occurred at the location, shall not constitute an ‘arm’s length transaction’; or
D. The application seeks authorization for tobacco retailing that is prohibited pursuant to the La Mesa Municipal Code (e.g., mobile vending) or that is unlawful pursuant to any other local, state or federal law.

6.07.050 Other requirements and prohibitions.

A. Display of License. Each license shall be prominently displayed in a publicly visible location at the licensed premises.

B. Positive Identification Required. No person shall engage in tobacco retailing without first examining the identification of each purchaser and confirming that the proposed sale is to a purchaser who is at least the minimum age pursuant to state law for being sold the tobacco product or tobacco paraphernalia.

E. Minimum Age for Persons Selling Tobacco. No person shall engage in tobacco retailing if the person is younger than the minimum age pursuant to state law for being sold or for possessing any tobacco product.

6.07.060 Fees for license.

A. The fee to issue or to renew a tobacco retailer’s license shall be established by resolution of the City Council pursuant to applicable law.

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6.07.070 Licenses nontransferable.

A tobacco retailer’s license is nontransferable except between existing proprietors holding a license at the same location. If the information required in the license application pursuant to this chapter changes, a new tobacco retailer’s license is required before the business may continue to act as a tobacco retailer. For example, if a proprietor to whom a license has been issued changes business location, that proprietor must apply for a new license prior to acting as a tobacco retailer at the new location. Also, if the business is sold, the new owner must apply for a license for that location before acting as a tobacco retailer.

6.07.080 License violation and compliance monitoring.

A. Violation of Tobacco-Related Laws. It shall be unlawful for a tobacco retailer or his or her agent or employee to violate any local, state or federal tobacco-related law.

B. License Compliance Monitoring.

1. Compliance checks shall be conducted by any peace officer, code enforcement official, or contractor designated by the City.

2. The City, in partnership with an outside Contractor, shall check the compliance of each tobacco retailer. The compliance checks shall be conducted to determine, at a minimum, if the tobacco retailer is complying with tobacco laws regulating underage sales. The designated department, or the police department, in assisting the City in performing compliance checks, shall use underage decoys and comply with the City’s protocols for the compliance checks developed in consultation with the San Diego County Department of Health and Human Services, the San Diego County District Attorney, and the City Attorney’s Office. When appropriate, the compliance checks shall determine compliance with other tobacco-related laws.

3. The City shall not enforce any tobacco-related minimum-age law against a person who otherwise might be in violation of such law because of the person’s age (the “underage decoy”) if the potential violation occurs when:
a. The underage decoy is participating in a compliance check supervised by a peace officer, code enforcement official, or contractor designated by the City; or b. The underage decoy is participating in a compliance check funded in part by the San Diego County Department of Health and Human Services, funded in part, either directly or indirectly through sub-contracting, by the California Department of Health Services, or funded in part directly by fees or fines collected from tobacco retailers under this chapter.

6.07.90 Penalties for violation.

A. In addition to any other penalty authorized by law, a tobacco retail license may be suspended or revoked if the City finds, after notice to the tobacco retailer and opportunity to be heard, that the tobacco retailer or his or her agents or employees has or have violated any of the provisions of this chapter or any applicable City, state or federal law; provided; however, violations by the tobacco retailer at one location may not be accumulated against other locations of that same tobacco retailer, nor may violations accumulated against a prior tobacco retailer at a licensed location be accumulated against a new tobacco retailer at the same licensed location.

1. Upon a finding by the City of a first license violation within any thirty-sixmonth period, the City shall:

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a. Require the tobacco retailer to pay an administrative fine in the amount of $1,000 (one thousand dollars). The City may conduct additional compliance checks within the 12 months (twelve month) of the first violation; b. Advise the tobacco retailer of the penalties for further violations of the ordinance; and
c. Require the tobacco retailer to provide documentation to the City that all employees engaged in the retail sales of tobacco have received training in a City approved program within 60 days after the warning, or such other time as shall be set by the City.

2. Upon a finding by the City of a second license violation within any thirtysix-month period, the license shall be suspended for 60 days. The City may conduct additional compliance checks within the 12 months (twelve month) of the second violation;

3. Upon the finding by the City of a third license violation within any three-year period, the license shall be suspended for one year (365 days). The City may conduct additional compliance checks within the 12 months (twelve month) of the second violation;

4. Upon a finding by the City of a fourth license violation within any within any thirty-six-month period, the license shall be permanently revoked.

B. Suspension of License for Failure to Pay Renewal Fee. A tobacco retailer’s license that is not timely renewed pursuant to Section 6.07.020(D) shall automatically be suspended by operation of law. If not renewed, a license shall be automatically revoked two years after the renewal date. To reinstate the paid status of a license that has been suspended due to the failure to timely pay the renewal fee, the proprietor must:

1. Submit the renewal fee plus a reinstatement fee of ten percent (10%) of the renewal fee; and

2. Submit a signed affidavit affirming that the proprietor has not sold any tobacco product or tobacco paraphernalia during the period the license was suspended for failure to pay the renewal fee.

C. Revocation of License Issued in Error. A tobacco retailer’s license shall be revoked if the City finds, after notice and opportunity to be heard, that one or more of the basis for denial of a license under Section 6.07.40 of this chapter existed at the time application was made or at any time before the license issued. The revocation shall be without prejudice to the filing of a new application for a license.

D. Appeal of Suspension or Revocation. A decision to revoke or suspend a license may be appealed by a proprietor or a tobacco retailer by means of an administrative hearing before an independent fact finder pursuant to applicable law. The appeal may also include a challenge to any fine accompanying the suspension or revocation. Any appeal must be filed with the City Clerk within ten (10) calendar days of mailing of the City’s decision and be accompanied by the full amount of any applicable fine as provided in chapters 1.07 and 1.09. An appeal shall stay all proceedings in furtherance of the appealed action.

E. Appeal of Fine. Any appeal of a fine not involving a suspension or revocation must be conducted pursuant to chapters 1.07 and 1.09.

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F. An administrative hearing to appeal a decision of the City to issue a fine and revoke or suspend a license held pursuant to subdivision (A) paragraphs (2) through (4) of this section, and subdivision (D) of this section is civil in nature and therefore the burden of proof required is a preponderance of the evidence. In such an appeal the administrative hearing officer shall only determine whether the violations of this chapter occurred in the time periods set forth in subdivision (A), paragraphs (2), (3) or (4), or subdivision (D) of this section. The administrative hearing officer shall not consider the appropriateness of the amount of the fine or whether the length of suspension of a license, or revocation of the license, creates a financial hardship on the tobacco retailer; nor shall the administrative hearing officer grant the applicant any stay of execution or delay of enforcement of a suspension or revocation sustained following the hearing.

G. The rules of evidence in an administrative hearing to appeal a decision of the City to revoke or suspend a license held pursuant to Section 6.07.090 (A) or (D) shall be in accordance with California Government Code Sections 11513 and 11514 as those sections are amended from time to time. Except as provided in this subdivision (F), the provisions of administrative adjudication for the State of California (Chapter 5 of Part 1 of Division 3 of Title 2 of the California Government Code) shall not apply to any administrative hearing under this chapter.

6.07.100 Administrative fine.

A. Grounds for Fine. In addition to any other remedies available at law or in equity, if the City finds, based on substantial evidence, that any unlicensed person, including a person named on a revoked or suspended license, has engaged in tobacco retailing in violation of Section

6.07.20 of this chapter, the City shall impose an administrative fine on that person pursuant to Section 6.07.110 (C) of this chapter.

B. Appeal to Superior Court of Limited Jurisdiction. Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, and in accordance with Chapter 1.03 of the La Mesa Municipal Code, within twenty (20) days after mailing or personal service of the hearing officer’s decision and findings, any person subject to a fine may seek review of the hearing officer’s decision and findings by the superior court of limited jurisdiction. A copy of the notice of appeal to the superior court shall be timely served in person or by first-class mail upon the City by the contestant. The appeal shall be heard de novo, except that the contents of the City’s file in the case shall be received in evidence. A copy of the records of the City of the notices of the violation and of the hearing officer’s decision and findings shall be admitted into evidence as prima facie evidence of the facts stated therein.

C. Failure to Pay Fine. If no timely notice of appeal to the superior court is filed, or the City is not timely served with a copy of a notice of appeal, the hearing officer’s decision and findings shall be deemed confirmed and the fine shall be collected pursuant to Section 1.07.160 of the La Mesa Municipal Code.

6.07.110 Enforcement.

In addition to other remedies provided by this chapter or any applicable City, state, or federal law, any violation of this chapter may be remedied by a civil action brought by the City Attorney including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings and suits for injunctive relief. The City may recover reasonable attorney fees and costs of suit in any civil action brought by the City Attorney to remedy any violation of this chapter.

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SECTION 3. This Ordinance shall be effective 30 days after its adoption and operative commencing 90 days hence pursuant to Section 4 of this Ordinance. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing a newspaper of general circulation published in the City of La Mesa.

SECTION 4. This Ordinance shall be effective pursuant to Section 3; however, for notice and educational purposes related to its content, implementation and enforcement, it shall become operative 90 days subsequent to its effective date.

INTRODUCED AND READ at a Regular meeting of the City Council of the City of La Mesa, California, held the _____ day of _________ 2023, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the _____ day of __________ 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

APPROVED:
__________________________
MARK ARAPOSTATHIS, Mayor
ATTEST:
___________________________________
MEGAN WIEGELMAN, CMC, City Clerk

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and correct copy of Ordinance No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited and that the same has been duly published according to law.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

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Dear Tobacco Retailer,
This letter is to inform you that on December 12, 2023, the La Mesa City Council will consider a draft Ordinance to establish a Tobacco Retailer License Program (TRLP). The City Council TRLP will require all tobacco retailers in the City of La Mesa (City) to obtain and maintain a tobacco retailer license to sell tobacco products. The purpose of the TRLP is to substantially reduce the illegal sale of tobacco products to minors through compliance monitoring and an aggressive enforcement program. The TRLP will establish (by City Council resolution) an annual license fee to recover 100% of the costs associated with implementing, maintaining, and enforcing the TRLP. At this time, the proposed annual TRLP fee is $500.

The TRLP Ordinance is attached, which outlines retailers’ responsibilities and penalties for violating the TRLP. Below is a summary of the penalties if a retailer violates tobacco laws that regulate underage sales:

First Violation
 $1,000 fine
 Training required for Licensee and employees:
o Training must be a City-approved course
o The training must be completed within 60 days following the violation Second Violation 60-day tobacco license suspension
Third Violation 1-year tobacco license suspension
Fourth Violation Tobacco license revoked
The TRLP Ordinance would be effective 30 days after its adoption, currently scheduled for first reading on December 12, 2023, second reading (adoption date) on January 9, 2024 and effective February 8, 2024. The Ordinance will become operative (enforceable) on May 8, 2024 which is 90 days subsequent to its effective date. The purpose of the 90 days is to allow sufficient time to inform and educate the public, and particularly tobacco retailers, regarding the TRLP.

The City welcomes your input regarding the TRLP. Please submit your questions and/or comments in writing to Amanda Lee, [email protected], by Monday, December 11, 2023 by 6pm or during the December 12, 2023 City Council meeting.

Amanda Lee
Assistant City Manager

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REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: December 12, 2023
SUBJECT: INTRODUCTION OF THE FIRST READING OF AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA MESA REPEALING CHAPTER 3.24 OF THE LA

MESA MUNICIPAL CODE RELATED TO PERSONNEL

MATTERS IN ITS ENTIRETY
ISSUING DEPARTMENT: City Manager
SUMMARY:

Issues:

Should the City Council adopt an Ordinance to repeal Chapter 3.24 from the La Mesa Municipal Code related to personnel matters in its entirety.

Recommendation:

Introduction of the First Reading of an Ordinance to repeal Chapter 3.24 from the La Mesa Municipal Code related to personnel matters in its entirety Fiscal Impact:

There is no direct fiscal impact associated with the recommendation.

City’s Strategic Goals:
 Nurture an organizational culture where employees are recognized for the delivery of high-quality services to the community.

DISCUSSION:

La Mesa Municipal Code (LMMC) Chapter 3.24, Vacation and Holidays, addresses administrative and operational aspects of vacation time and holiday pay. During a recent review of the Chapter, staff discovered that a large portion of the section conflicted with

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Report to Mayor and Councilmembers
Date: December 12, 2023
Page: 2 of 2
provisions contained in existing administrative policies and memoranda of understanding.

Most of the code sections have not been updated since the 1980’s. In order to create a more unified and consistent approach to the administrative and operational aspects related to vacation time and holiday pay, staff recommends that the City Council adopt an Ordinance to repeal Chapter 3.24. The proposed action will provide staff more flexibility to make operations changes to improve recruitment and retention.

If approved, staff will review administrative policies, procedures, and amend memoranda of understanding as necessary to incorporate the appropriate repealed provisions of Chapter 3.24.

CONCLUSION:

Staff recommends the City Council introduce for a First Reading an Ordinance to repeal Chapter 3.24 from the La Mesa Municipal Code related to personnel matters in its entirety.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Amanda Lee
City Manager Assistant City Manager
Attachments: A. An Ordinance of the City Council of the City of La Mesa Repealing Chapter 3.24 of the La Mesa Municipal Code Related to Personnel Matters in its Entirety

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ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA REPEALING CHAPTER 3.24 OF THE LA MESA MUNICIPAL CODE RELATED

TO PERSONNEL MATTERS IN ITS ENTIRETY
WHEREAS, presently, the La Mesa Municipal Code (LMMC) addresses the administrative and operational aspects of vacation time and holiday pay; WHEREAS, however, in actuality, many substantial components of the administrative and operational aspects related to vacation time and holiday pay are contained in existing administrative policies and memoranda of understanding; WHEREAS, in order to create a more unified and consistent approach to the administrative and operational aspects related to vacation time and holiday pay, the City Council, on the recommendation of City staff, desires to repeal Chapter 3.24 of the LMMC, entitled “Vacations and Holidays”; and
WHEREAS, in the event this Ordinance becomes effective, the City Council does hereby direct the City Manager or his or her designee to revise administrative policies, procedures and amend memoranda of understanding as necessary to incorporate the appropriate repealed provisions of Chapter 3.24 of the LMMC into the same.

NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the City Council of the City of La Mesa, California as follows:

SECTION 1: Chapter 3.24 of the La Mesa Municipal Code is hereby repealed in its entirety.

INTRODUCED AND READ at a Regular meeting of the City Council of the City of La Mesa, California, held the 12
th day of December 2023, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the 9
th day of January 2024, by the following vote, to
wit:

AYES:

NOES:

ABSENT:

APPROVED:
__________________________
MARK ARAPOSTATHIS, Mayor
ATTEST:

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___________________________________
MEGAN WIEGELMAN, CMC, City Clerk

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

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La Mesa City CouncilDecember 12, 2023

La Mesa City Council
December 12, 2023