LA MESA CITY COUNCIL
AGENDA
A Regular Meeting
Date: Tuesday, August 12, 2025, 6:00 p.m.
Location: City Council Chambers, 8130 Allison Avenue
La Mesa, California
Elected
Officials:
Mayor Mark Arapostathis
Vice Mayor Patricia N. Dillard
Councilmember Lauren Cazares
Councilmember Laura Lothian
Councilmember Genevieve Suzuki
City Treasurer Matthew Strabone
Staff: City Manager Greg Humora
City Attorney Glenn Sabine
City Clerk Megan Wiegelman
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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How to submit eComments: eComments are available once an agenda is published.
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 3700 characters (approximately 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.
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PLEASE NOTE: Public Comment will be limited to 3 minutes per item. The timer begins when the participant begins speaking. Time cannot be combined or yielded to another speaker. *Live Remote Public Comment ONLY permitted during Councilmember teleconferencing pursuant to California Government Code Section 54953 (AB 2449).
*Zoom Audio Comments: To provide oral public comments during the meeting, join the Zoom meeting by computer, mobile phone, or dial in number. On Zoom video conference by computer or mobile phone, use the “Raise Hand” feature. This will notify the moderator that you wish to speak during a specific item on the agenda or during non-agenda Public Comment. Members of the public will not be shown on video but will be able to speak when called upon. If joining the meeting using the Zoom dial-in number, you may raise your hand by pressing *9. Comments will be limited to three (3) minutes. No further comments will be entertained after the Mayor closes public comment. •
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.
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 business 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 - VICE MAYOR DILLARD
1.2 PLEDGE OF ALLEGIANCE
2. ANNUAL ROTATION OF THE VICE MAYOR 1
3. REPORT FROM CLOSED SESSION
4. CITY MANAGER COMMENTS
5. COMMUNITY BULLETIN REPORTS
6. ADDITIONS AND/OR DELETIONS TO THE AGENDA
7. PRESENTATIONS
7.1 CITY TREASURER'S QUARTERLY REPORT 2
7.2 PRESENTATION FROM THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) REGARDING THE STATUS OF THE
STATE ROUTE 124/94 AUXILIARY LANE WIDENING PROJECT
11 8. 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.
9. CONFLICT DISCLOSURES
10. BOARD AND COMMISSION APPOINTMENTS
10.1 RESOLUTION APPOINTING A MEMBER TO FILL AN
UNSCHEDULED VACANCY ON THE PLANNING COMMISSION
12 11. 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.
12. CONSENT CALENDAR
(Items 12.1 through 12.14)
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 12.1 through 12.14.
12.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT
OF ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Recommended Motion:
Approve.
12.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL SPECIAL MEETING HELD TUESDAY, JULY 22, 2025
15 Recommended Motion:
Approve.
12.3 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD TUESDAY, JULY 22, 2025
17 Recommended Motion:
Approve.
12.4 CONSIDERATION OF A BUY/SELL AGREEMENT TO CONVEY A
REMNANT PARCEL (8213 UNIVERSITY AVENUE) TO CARLTON
SELL, LLC
27 Staff Reference: Mr. Dedmon
Recommended Motion:
Approve.
12.5 PERMIT AND DEVELOPMENT ACTIVITY QUARTERLY UPDATE
(APRIL 2025 - JUNE 2025)
42 Staff Reference: Ms. Santos
Recommended Motion:
Receive and file.
12.6 RATIFICATION OF DESIGN REVIEW APPROVAL OF PROJECT
2022-1599 QDOBA (CALI QUESO CORP) 8303 PARKWAY DRIVE
47 A PROPOSED DRIVE-THRU RESTAURANT AT 8303 PARKWAY
DRIVE, APN 490-592-04-00 AND 490-592-02-00 IN THE C-G-D (GENERAL COMMERCIAL/ GROSSMONT OVERLAY/ URBAN
DESIGN OVERLAY) ZONE
Staff Reference: Ms. Santos
Recommended Motion:
Adopt Resolution.
12.7 HOMELESS OUTREACH AND MOBILE ENGAGEMENT (“HOME”)
PROGRAM QUARTERLY REPORT (APRIL 2025 – JUNE 2025)
109
Staff Reference: Chief Sweeney
Recommended Motion:
Receive and file.
12.8 RESOLUTIONS APPROVING A SIDE LETTER OF AGREEMENT AND
AMENDMENTS TO THE POLICE OFFICERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING AND UNREPRESENTED
EMPLOYEES BENEFIT PLAN
120
Staff Reference: Ms. Spaniol
Recommended Motion:
Adopt Resolutions.
a. RESOLUTION APPROVING A SIDE LETTER OF
AGREEMENT TO THE 2024-2027 MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LA MESA AND
THE LA MESA POLICE OFFICERS' ASSOCIATION
RESOLUTION APPROVING A SIDE LETTER OF
AGREEMENT TO ADD SECTION 1.32.2 PEACE OFFICER
STANDARDS AND TRAINING ("POST") INCENTIVE
PROGRAM (POLICE SERVICES TECHNICIAN
CLASSIFICATIONS) TO THE 2024-2027 MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LA MESA AND
THE LA MESA POLICE OFFICERS' ASSOCIATION
Recommended Motion:
Adopt Resolution.
b. RESOLUTION APPROVING AMENDMENTS TO THE
UNREPRESENTED EMPLOYEES BENEFIT COMPENSATION
PLAN
RESOLUTION APPROVING AMENDMENTS TO THE
UNREPRESENTED EMPLOYEES BENEFIT COMPENSATION
PLAN TO INCLUDE A POST INCENTIVE PAY FOR THE
POLICE CHIEF CLASSIFICATION AND FOR THE FIRE
SAFETY MANAGEMENT CLASSIFICATIONS TO HAVE THE
SAME CONVERSION FACTOR FOR LEAVE BANKS AS
REPRESENTED FIRE EMPLOYEES
Recommended Motion:
Adopt Resolution.
12.9 RESOLUTION TO EXECUTE AN AGREEMENT WITH EVIDENT ID, INC. FOR INSURANCE VERIFICATION MANAGED SERVICES
130
Staff Reference: Ms. Spaniol
Recommended Motion:
Adopt Resolution.
12.10 RESOLUTION TO EXECUTE AN AGREEMENT FOR ORIGAMI RISK,
LLC, FOR RISK MANAGEMENT SOFTWARE SERVICES
156
Staff Reference: Ms. Spaniol
Recommended Motion:
Adopt Resolution.
12.11 RESOLUTION TO AWARD RFP 25-15 FOR UNIFIED
COMMUNICATIONS AS A SERVICE (UCAAS) TO ICS, INTELESYS,
INC. FOR A NEW CITYWIDE TELEPHONE SYSTEM
185
Staff Reference: Mr. Munzenmaier
Recommended Motion:
Adopt Resolution.
12.12 RESOLUTION APPROVING AN AGREEMENT WITH THE COUNTY
OF LOS ANGELES FOR PUBLIC WORKS MUTUAL AID
207
Staff Reference: Mr. Throne
Recommended Motion:
Adopt Resolution.
12.13 RESOLUTIONS TO ACCEPT BID NO. 25-12, AWARD A
CONSTRUCTION CONTRACT TO S.C. VALLEY ENGINEERING, INC.,
AND CONSIDERATION OF FUNDING ALTERNATIVES RELATED
THERETO
228
Staff Reference: Mr. Throne
Recommended Motion:
Adopt Resolutions.
a. RESOLUTION ACCEPTING BID NO. 25-12, PHASE 6 SEWER
IMPROVEMENT PROJECT (CAPITAL IMPROVEMENT
PROJECT NO. 8103) AND AWARDING A CONSTRUCTION
CONTRACT TO S.C. VALLEY ENGINEERING, INC.
Recommended Motion:
Adopt Resolution.
b. STATE REVOLVING FUND LOAN (NO. 8608-110)
RESOLUTION AUTHORIZING A REQUEST TO THE STATE
WATER RESOURCES CONTROL BOARD FOR AN
INCREASE IN THE STATE REVOLVING FUND LOAN NO.
8608-110, ACCEPTING FUNDS FROM THE LOAN IF
APPROVED, AND APPROPRIATING THE EXPENDITURE IN
A CAPITAL IMPROVEMENT PROGRAM PROJECT
ACCOUNT
Recommended Motion:
Adopt Resolution.
12.14 RESOLUTION ESTABLISHING THE PROPERTY TAX RATE FOR BONDED INDEBTEDNESS FOR FISCAL YEAR 2025-2026
244
Staff Reference: Mr. Herrera
Recommended Motion:
Adopt Resolution.
13. STAFF REPORT
13.1 CONSIDERATION OF THE BIENNIAL CITY COUNCIL SALARY
REVIEW (AS DIRECTED BY COUNCIL)
249
Staff Reference: Mr. Dedmon
Recommended Motion:
Provide direction to staff regarding a possible adjustment to compensation for the Mayor, Councilmembers, and City Treasurer.
14. COUNCIL SUBCOMMITTEE REPORTS
14.1 CONSIDERATION AND POSSIBLE ACTION REGARDING
ADJUSTMENTS TO THE CONTRACT FOR THE CITY MANAGER
252
Reference: Subcommittee for City Manager Contract Adjustments Recommended Motion:
Adopt Resolution to effectuate the amendments to the City Manager contract.
14.2 CONSIDERATION AND POSSIBLE ACTION REGARDING
ADJUSTMENTS TO THE CONTRACT FOR THE CITY ATTORNEY
255
Reference: Subcommittee for City Attorney Contract Adjustments Recommended Motion:
Adopt Resolution to effectuate the amendments to the City Attorney contract.
15. WRITTEN COMMUNICATION
15.1 LETTER FROM THE LEAGUE OF CALIFORNIA CITIES REQUESTING
THE DESIGNATION OF A VOTING DELEGATE AND ALTERNATE
FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE, OCTOBER 8 THROUGH OCTOBER 10, 2025, IN
LONG BEACH, CALIFORNIA
259
Staff Reference: Ms. Wiegelman
Recommended Motion:
Designate one voting delegate and up to two alternate voting delegates to represent the City at the General Assembly on October 10, 2025, during the League of California Cities Annual Conference and Expo.
16. COUNCIL INITIATED
16.1 CONSIDERATION AND POSSIBLE ACTION REGARDING A
RESOLUTION TO SUPPORT CALIFORNIA POLLUTERS PAY
CLIMATE SUPERFUND ACT (SB 684 and SB 1243) - VICE MAYOR
DILLARD
264
17. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
18. AB 1234 REPORTS (GC 53232.3 (d))
19. CITY ATTORNEY REMARKS
20. ADJOURNMENT
PLEASE NOTE: Pursuant to La Mesa Municipal Code § 2.08.010, the second Council meeting in the month of August shall serve as a summer recess. The next Council meeting will be held on Tuesday, September 9, 2025, at 6:00 p.m.
DATE: August 12, 2025
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: ANNUAL ROTATION OF THE VICE MAYOR
Section 2.12.080 of the La Mesa Municipal Code reads as follows:
The office of the vice mayor will be rotated among all the members of the city council. The term of each member shall be one year beginning the second Tuesday of August one year and ending on the Monday before the second Tuesday the next August. The vice mayor will be the council member with the most seniority who has not been vice mayor in the last three consecutive years. In the event two or more council members have equal seniority and have not been vice mayor in the last three consecutive years, the council member with the most votes in their last regular election shall serve as vice mayor.
Vice Mayors for the past three consecutive years have been:
Councilmember Parent August 2022 – August 2023
Councilmember Lothian August 2023 – August 2024
Councilmember Dillard August 2024 – August 2025
Therefore, in accordance with the code section cited above, Councilmember Cazares will be the next Vice Mayor.
In addition, at its meeting on August 14, 2007, the Council approved a formalized policy for the rotation of Council seats at the dais based on the order of when each Councilmember would be Vice Mayor. According to this policy, the incoming Vice Mayor will sit next to the Mayor, the outgoing Vice Mayor will occupy the last chair and the other Councilmembers will move up one seat.
The change in seating will occur prior to the start of the August 12th meeting.
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: August 12, 2025
SUBJECT: Treasurer’s Report for the Quarter Ending
June 30, 2025
ISSUING DEPARTMENT: Finance Department – City Treasurer
SUMMARY
PORTFOLIO VALUE:
The City’s portfolio ended the quarter with a market value of $96,434,487. This represents a discount of $676,474 from par value, or purchase price. As the City maintains an Investment Policy that follows a strict “buy and hold” strategy, there is no economic gain or loss upon call or maturity. The City’s securities continue to earn interest at the stated rates through the dates of redemption.
LIQUIDITY:
Liquidity meets the statutory requirements with $50,192,961 in LAIF for immediate availability. “LAIF” stands for Local Agency Investment Fund, and is operated by the California State Treasurer to act as an immediate-access account for local governments and special districts in California.
EARNINGS:
Investment earnings from the invested portfolio of government agency bonds, corporate securities, and certificates of deposit, but excluding LAIF, for the current quarter collected from April 1, 2025, through June 30, 2025, total $252,164, which represents an annualized rate of 2.15%. Investment earnings from LAIF for the current quarter total $469,561, which represents an annualized rate of 3.74%. Combined, investment earnings were $721,725, representing a total annualized rate of return of 2.97% for this quarter. Please note that this represents interest payments and dividends actually earned by the City during the quarter, and may not necessarily reflect all interest payments and dividends payable to the City for the current quarter, nor be representative of future quarterly performance, due to differing payment schedules and variable interest rates.
Report to Mayor and Councilmembers
Date: August 12, 2025
Page: 2 of 5
City’s Strategic Goal
To maintain a financially sound and affordable
city government
SAFETY
Federal Agencies
Carry the implied guarantee of the United States government Corporate Securities
The City’s Investment Policy requires ratings of Double A (AA) or better Certificates of Deposit
Guaranteed by the FDIC to $250,000
Local Agency Investment Fund (LAIF)
Managed by the California State Treasurer; consists primarily of U.S. Treasuries, government agency bonds, and other short-term investments.
LIQUIDITY
The City’s LAIF balance of $50,192,961 represents the City’s immediate cash and is 51.7% of the portfolio. Additionally, as investments mature, they can be reinvested at then-current rates or redeemed to provide additional operating cash. The invested portfolio of government agency bonds, corporate securities, and certificates of deposit has an average maturity of 1 year and 9 months with $11,743,000 maturing within one year for added liquidity.
EARNINGS
As noted above, the City’s portfolio earned $721,725 this quarter, representing an annualized yield of 2.97%.
Report to Mayor and Councilmembers
Date: August 12, 2025
Page: 3 of 5
PORTFOLIO PROFILE
To achieve the City’s strategic goal, the City’s primary investment objectives, in order of priority, are: Safety, Liquidity, and Earnings. Key to each of these objectives is a well-diversified portfolio that minimizes credit and interest rate risk and provides necessary liquidity. The City’s portfolio is designed to meet these objectives as summarized in the following table which is presented at par values. This table represents the City’s holdings as of June 30, 2025:
Years to
Maturity
Government
Agencies
Corporate
Securities
Certificates
of Deposit LAIF Totals %of Portfolio
Interest
Rate
0 – 1 10,000,000 1,000,000 743,000 50,192,961 61,935,961 63.78% 1.37%*
1 – 2 18,000,000 0 4,464,000 - 22,464,000 23.13% 2.14%
2 – 3 1,000,000 0 2,968,000 - 3,968,000 4.09% 4.05%
3 – 4 1,000,000 0 993,000 - 1,993,000 2.05% 4.67%
4 – 5 6,750,000 0 0 - 6,750,000 6.95% 4.82%
Totals 36,750,000 1,000,000 9,168,000 50,192,961 97,110,961 100.00%
Portfolio % 37.84% 1.03% 9.44% 51.69% 100.00%
Interest
Rate 2.44% 0.70% 3.45% 4.40% 3.53%
*Interest rate for assets with 0-1 years to maturity excludes LAIF
Report to Mayor and Councilmembers
Date: August 12, 2025
Page: 4 of 5
PORTFOLIO ACTIVITY
During the quarter, two federal agency bonds matured, two certificates of deposit matured, and one federal agency bond was called. No other holdings in the City’s portfolio matured, were called, or were purchased.
Federal Agencies Matured: Maturity Rate Par Value
FHLB 3 year 3.45% $1,000,000
FHLMC 3 year 4.00% $1,000,000
Certificates of Deposit Matured: Maturity Rate Par Value State Bank of India 5 year 1.60% $248,000
Flagstar Bank 5 year 1.05% $248,000
Federal Agencies Called: Maturity Rate Par Value
FHLB 5 year 4.55% $1,000,000
Report to Mayor and Councilmembers
Date: August 12, 2025
Page: 5 of 5
PORTFOLIO COMPLIANCE
The portfolio complies with California code sections concerning safety and liquidity in the investment of public funds. Investment strategies are based on liquidity requirements and interest rate projections and have been collaboratively determined by the City Treasurer, City Manager, and Director of Finance. The City Treasurer executes trades in accordance with these strategies.
Required Contents of Investment Reports
California Government Code Section 53646(b) suggests that the quarterly investment report of a local agency contain certain items. These items include the type of investment, the issuer’s name, the date of maturity of the security, the par amount of the instrument, the market value, and the dollar amount invested in each security. The source of the market value also should be included in the report. The report also must reference all funds that are under the management of external investment providers, such as investment advisors and investment managers. A local government’s quarterly report, if submitted, must state the portfolio’s compliance with the agency’s investment policy or manner in which the portfolio is not in compliance. Finally, the investment report must include a statement regarding the local agency’s ability to meet its cash flow needs for the next six months.
Accordingly, I advise you of the following facts in compliance with Government Code Section 53646(b):
1. The source of the valuations included herein is U.S. Bank, Saint Paul, MN 55107.
2. No funds are under the management of external providers or managers. Investment decisions are made by a consensus of the City Treasurer, City Manager, and Director of Finance.
3. The City’s portfolio remains in strict compliance with the Investment Policy of the City of La Mesa for FY 2024-2025.
4. The City of La Mesa’s investment portfolio more than adequately assures the City’s ability to meet its cash flow needs during the ensuing six months.
Reviewed by Respectfully submitted by
___________________________ ___________________________ Greg Humora Matt Strabone
City Manager City Treasurer
Attachments:
A - Schedule of Investments – Summary
B - Schedule of Investments – Detail
City of La Mesa
Schedule of Investments (Summary)
As of June 30, 2025
Issuer Type of Investment Maturity Date Par Value Book Value Market Value State of California LAIF 98-37-421 Demand 50,192,961 50,192,961 50,253,107 Federal Agencies U.S. Agency Obligations 07/2025 - 03/2030 36,750,000 36,748,500 36,075,668 Financial/Banking Institutions Certificates of Deposit 07/2025 - 09/2028 1,000,000 992,425 975,935 Corporate Obligations Medium Term Notes 01/2026 - 02/2026 9,168,000 9,168,000 9,129,777 Total 97,110,961 97,101,886 96,434,487
I certify that the investment of funds is in conformance with California Government Code section 53600. Those investments valued at below market cost will be held until maturity or until they can be sold without a loss. I also certify that the investment of funds provides the cash flow liquidity to meet the next six month's estimated expenditure requirements.
Matt Strabone, City Treasurer
City of La Mesa
Schedule of Investments, June 30, 2025
Type of Investment CUSIP Id Asset Short Name Issue Date Maturity Date Interest Rate Par Value Book Value Market Value CERTIFICATE OF DEPOSIT 06063HMS9 BANK BARODA NEW C D 07/22/2020 07/22/2025 0.70% 249,000.00 249,000.00 248,442.24 CERTIFICATE OF DEPOSIT 89235MKY6 TOYOTA FINL C D 0.900% 04/22/2021 04/22/2026 0.90% 248,000.00 248,000.00 241,705.76 CERTIFICATE OF DEPOSIT 02007GQQ9 ALLY BK UT C D 2.850% 05/02/2022 05/05/2026 2.85% 246,000.00 246,000.00 243,414.54 CERTIFICATE OF DEPOSIT 90348JQ29 UBS BK USA SALT C D 07/14/2021 07/14/2026 0.90% 249,000.00 249,000.00 241,089.27 CERTIFICATE OF DEPOSIT 30960QAS6 FARMERS INS C D 5.100% 07/26/2023 07/27/2026 5.10% 248,000.00 248,000.00 250,799.92 CERTIFICATE OF DEPOSIT 16141BAH4 CHARTWAY FED C D 07/28/2023 07/28/2026 5.25% 248,000.00 248,000.00 251,199.20 CERTIFICATE OF DEPOSIT 68584JAG4 OREGON CMNTY CR C D 07/28/2023 07/28/2026 5.10% 248,000.00 248,000.00 250,807.36 CERTIFICATE OF DEPOSIT 37424PAH7 GESA CR UN C D 5.250% 07/31/2023 07/31/2026 5.25% 248,000.00 248,000.00 251,216.56 CERTIFICATE OF DEPOSIT 67054NBL6 NUMERICA CR UN C D 07/31/2023 07/31/2026 5.20% 248,000.00 248,000.00 251,085.12 CERTIFICATE OF DEPOSIT 32022RSC2 FIRST FINL BK C D 3.250% 08/01/2022 08/03/2026 3.25% 249,000.00 249,000.00 246,968.16 CERTIFICATE OF DEPOSIT 70962LAE2 PENTAGON C D 0.850% 09/01/2021 09/01/2026 0.85% 249,000.00 249,000.00 239,998.65 CERTIFICATE OF DEPOSIT 14042RQB0 CAPITAL ONE NATL C D 11/17/2021 11/17/2026 1.10% 248,000.00 248,000.00 238,320.56 CERTIFICATE OF DEPOSIT 14042TDW4 CAPITAL ONE BANK C D 11/17/2021 11/17/2026 1.10% 248,000.00 248,000.00 238,320.56 CERTIFICATE OF DEPOSIT 07371CE88 BEAL BK USA C D 1.900% 02/23/2022 02/17/2027 1.90% 247,000.00 247,000.00 238,935.45 CERTIFICATE OF DEPOSIT 02589ABQ4 AMERICAN EXPRESS C D 03/09/2022 03/09/2027 2.00% 247,000.00 247,000.00 238,955.21 CERTIFICATE OF DEPOSIT 06740KPK7 BARCLAYS BK DEL C D 04/13/2022 04/13/2027 2.65% 246,000.00 246,000.00 240,322.32 CERTIFICATE OF DEPOSIT 58404DPC9 MEDALLION BK C D 3.200% 05/24/2022 05/24/2027 3.20% 249,000.00 249,000.00 245,469.18 CERTIFICATE OF DEPOSIT 20825WAX8 CONNEXUS CR UN C D 05/26/2022 05/26/2027 3.10% 249,000.00 249,000.00 245,025.96 CERTIFICATE OF DEPOSIT 90352RCN3 USALLIANCE FCU C D 05/31/2022 05/28/2027 3.30% 249,000.00 249,000.00 245,932.32 CERTIFICATE OF DEPOSIT 50625LBN2 LAFAYETTE FED C D 3.250% 06/15/2022 06/15/2027 3.25% 249,000.00 249,000.00 245,616.09 CERTIFICATE OF DEPOSIT 88413QDL9 THIRD FED SVGS C D 3.500% 06/28/2022 06/28/2027 3.50% 245,000.00 245,000.00 242,731.30 CERTIFICATE OF DEPOSIT 254673L38 DISCOVER BK C D 3.400% 07/06/2022 07/06/2027 3.40% 245,000.00 245,000.00 242,292.75 CERTIFICATE OF DEPOSIT 32026UU20 FIRST FNDTN BK C D 4.600% 07/19/2023 07/19/2027 4.60% 244,000.00 244,000.00 246,957.28 CERTIFICATE OF DEPOSIT 307811EM7 FARMERS C D 3.200% 08/05/2022 08/05/2027 3.20% 249,000.00 249,000.00 245,133.03 CERTIFICATE OF DEPOSIT 08016PEH8 BELMONT BK TR C D 08/24/2022 08/24/2027 3.15% 249,000.00 249,000.00 244,776.96 CERTIFICATE OF DEPOSIT 19075JAB4 COBALT FED CR C D 3.600% 09/15/2022 09/15/2027 3.60% 249,000.00 249,000.00 247,022.94 CERTIFICATE OF DEPOSIT 052392BT3 AUSTIN TELCO C D 3.800% 09/21/2022 09/21/2027 3.80% 249,000.00 249,000.00 248,063.76 CERTIFICATE OF DEPOSIT 87164YT95 SYNCHRONY C D 4.600% 10/28/2022 10/28/2027 4.60% 244,000.00 244,000.00 247,235.44 CERTIFICATE OF DEPOSIT 25460FDW3 DIRECT FED CR C D 4.800% 11/07/2022 11/08/2027 4.80% 248,000.00 248,000.00 252,590.48 CERTIFICATE OF DEPOSIT 61690U5K2 MORGAN STANLEY C D 05/03/2023 05/03/2028 4.45% 244,000.00 244,000.00 246,827.96 CERTIFICATE OF DEPOSIT 804767AB7 SAVANNAH BK C D 4.100% 05/03/2023 05/03/2028 4.10% 249,000.00 249,000.00 249,699.69 CERTIFICATE OF DEPOSIT 91527PBW6 UNIVEST NATL BK C D 05/05/2023 05/05/2028 4.10% 249,000.00 249,000.00 249,699.69 CERTIFICATE OF DEPOSIT 92834ABT2 VISIONBANK ST C D 4.050% 05/12/2023 05/12/2028 4.05% 249,000.00 249,000.00 249,363.54 CERTIFICATE OF DEPOSIT 05765LBU0 BALBOA THRIFT C D 4.400% 07/19/2023 07/19/2028 4.40% 249,000.00 249,000.00 257,854.44 CERTIFICATE OF DEPOSIT 89854LAD5 TTCU FED CR UN C D 5.000% 07/26/2023 07/26/2028 5.00% 248,000.00 248,000.00 255,132.48 CERTIFICATE OF DEPOSIT 898812AC6 TUCSON FED CR C D 5.000% 09/08/2023 09/08/2028 5.00% 248,000.00 248,000.00 255,340.80 CERTIFICATE OF DEPOSIT 39573LEM6 GREENSTATE CR UN C D 09/26/2023 09/26/2028 5.00% 248,000.00 248,000.00 255,430.08 Subtotal: 9,168,000.00 9,168,000.00 9,129,777.05
City of La Mesa
Schedule of Investments, June 30, 2025
Type of Investment CUSIP Id Asset Short Name Issue Date Maturity Date Interest Rate Par Value Book Value Market Value CORPORATE BONDS 46632FRU1 JPMORGAN CHASE MTN 01/22/2021 01/22/2026 0.70% 500,000.00 500,000.00 486,545.00 CORPORATE BONDS 037833EB2 APPLE INC 0.700% 02/08/2021 02/08/2026 0.70% 500,000.00 492,425.00 489,390.00 Subtotal: 1,000,000.00 992,425.00 975,935.00
Type of Investment CUSIP Id Asset Short Name Issue Date Maturity Date Interest Rate Par Value Book Value Market Value US AGENCIES 31422XB50 F A M C M T N 3.630% 07/28/2022 07/28/2025 3.63% 1,000,000.00 1,000,000.00 999,450.00 US AGENCIES 3134GXF66 F H L M C M T N 4.000% 08/01/2022 08/01/2025 4.00% 1,000,000.00 1,000,000.00 999,570.00 US AGENCIES 3136G4G98 F N M A 0.560% 08/12/2020 08/12/2025 0.56% 1,000,000.00 1,000,000.00 995,520.00 US AGENCIES 3136G4C43 F N M A 0.650% 08/14/2020 08/14/2025 0.65% 1,000,000.00 1,000,000.00 995,480.00 US AGENCIES 3130ALD76 F H L B DEB 0.700% 02/25/2021 02/25/2026 0.70% 1,000,000.00 1,000,000.00 978,150.00 US AGENCIES 3130ALGB4 F H L B DEB 0.800% 03/17/2021 03/17/2026 0.80% 1,000,000.00 1,000,000.00 976,190.00 US AGENCIES 3130ALMM3 F H L B DEB 1.000% 03/30/2021 03/30/2026 1.00% 1,000,000.00 1,000,000.00 976,390.00 US AGENCIES 3130AMDY5 F H L B DEB 1.000% 05/20/2021 05/20/2026 1.00% 1,000,000.00 1,000,000.00 973,000.00 US AGENCIES 3133EMH21 F F C B DEB 0.900% 06/12/2021 06/15/2026 0.90% 1,000,000.00 1,000,000.00 970,920.00 US AGENCIES 3130AMPT3 F H L B DEB 1.030% 06/23/2021 06/23/2026 1.03% 1,000,000.00 1,000,000.00 970,740.00 US AGENCIES 3130AMWX6 F H L B DEB 1.020% 06/30/2021 06/30/2026 1.02% 1,000,000.00 1,000,000.00 970,170.00 US AGENCIES 3130ANHW3 F H L B DEB 0.930% 07/29/2021 08/25/2026 0.93% 1,000,000.00 1,000,000.00 965,030.00 US AGENCIES 3130ANSB7 F H L B DEB 1.000% 09/17/2021 09/17/2026 1.00% 1,000,000.00 1,000,000.00 964,150.00 US AGENCIES 3130ANYR5 F H L B DEB 0.950% 09/30/2021 09/30/2026 0.95% 1,000,000.00 1,000,000.00 962,640.00 US AGENCIES 3130AP6M2 F H L B DEB 1.020% 09/30/2021 09/30/2026 1.02% 1,000,000.00 1,000,000.00 963,480.00 US AGENCIES 3130APB87 F H L B DEB 1.100% 10/13/2021 10/13/2026 1.10% 1,000,000.00 1,000,000.00 963,540.00 US AGENCIES 3130AP6U4 F H L B DEB 1.000% 10/14/2021 10/14/2026 1.00% 1,000,000.00 1,000,000.00 962,260.00 US AGENCIES 3130APDQ5 F H L B DEB 1.250% 10/28/2021 10/28/2026 1.25% 1,000,000.00 1,000,000.00 964,540.00 US AGENCIES 3130APL78 F H L B DEB 1.375% 10/28/2021 10/28/2026 1.38% 1,000,000.00 1,000,000.00 966,130.00 US AGENCIES 3130APQA6 F H L B DEB 1.400% 11/24/2021 11/24/2026 1.40% 1,000,000.00 1,000,000.00 964,760.00 US AGENCIES 3130AQUD3 F H L B DEB 2.010% 02/25/2022 02/25/2027 2.01% 1,000,000.00 1,000,000.00 969,020.00 US AGENCIES 3130AQZ55 F H L B DEB 2.500% 03/10/2022 03/10/2027 2.50% 1,000,000.00 1,000,000.00 976,290.00 US AGENCIES 3130ARAH4 F H L B DEB 2.350% 03/04/2022 03/29/2027 2.35% 1,000,000.00 998,500.00 973,430.00 US AGENCIES 3130ARDY4 F H L B DEB 2.500% 03/29/2022 03/29/2027 2.50% 1,000,000.00 1,000,000.00 975,760.00 US AGENCIES 3130ARGE5 F H L B DEB 3.000% 04/21/2022 04/21/2027 3.00% 1,000,000.00 1,000,000.00 982,770.00 US AGENCIES 3130ARW56 F H L B DEB 3.650% 05/12/2022 05/12/2027 3.65% 1,000,000.00 1,000,000.00 990,890.00 US AGENCIES 3130ARYA3 F H L B DEB 4.000% 05/26/2022 05/26/2027 4.00% 1,000,000.00 1,000,000.00 994,270.00 US AGENCIES 3130AS7J2 F H L B DEB 3.200% 06/10/2022 06/10/2027 3.20% 1,000,000.00 1,000,000.00 988,790.00 US AGENCIES 3134GXZN7 F H L M C M T N 4.250% 07/12/2022 07/12/2027 4.25% 1,000,000.00 1,000,000.00 999,290.00 US AGENCIES 3135GAUG4 F N M A 4.500% 08/29/2024 08/21/2028 4.50% 1,000,000.00 1,000,000.00 997,320.00 US AGENCIES 3134HACE1 F H L M C M T N 5.050% 08/01/2024 08/01/2029 5.05% 1,000,000.00 1,000,000.00 1,000,470.00 US AGENCIES 3135GAU25 F N M A DEB 4.375% 08/06/2024 08/06/2029 4.38% 250,000.00 250,000.00 249,657.50 US AGENCIES 3130B26B6 F H L B DEB 5.150% 08/08/2024 08/08/2029 5.15% 1,000,000.00 1,000,000.00 1,000,340.00 US AGENCIES 3130B2K95 F H L B DEB 4.100% 08/30/2024 08/28/2029 4.10% 1,000,000.00 1,000,000.00 991,280.00
City of La Mesa
Schedule of Investments, June 30, 2025
US AGENCIES 3130B5AM0 F H L B DEB 4.900% 02/27/2025 02/27/2030 4.90% 1,000,000.00 1,000,000.00 1,001,640.00 US AGENCIES 31424WVS8 F A M C M T N 4.980% 02/27/2025 02/27/2030 4.98% 1,000,000.00 1,000,000.00 1,000,750.00 US AGENCIES 3136GACF4 F N M A M T N 4.750% 03/05/2025 03/05/2030 4.75% 1,000,000.00 1,000,000.00 1,001,190.00 US AGENCIES 3134HBDD0 F H L M C M T N 5.000% 03/18/2025 03/18/2030 5.00% 500,000.00 500,000.00 500,400.00 Subtotal: 36,750,000.00 36,748,500.00 36,075,667.50
Type of Investment CUSIP Id Asset Short Name Issue Date Maturity Date Interest Rate Par Value Book Value Market Value Demand 98-37-421 LAIF State of California 4.40% 50,192,960.77 50,192,960.77 50,253,107.50 Grand Total: 97,110,960.77 97,101,885.77 96,434,487.05
DATE: August 12, 2025
TO: Mayor and Members of the City Council
FROM: Michael Throne, PE, Director of Public Works
Michael Kinnard, Engineering Project Manager
VIA: Greg Humora, City Manager
SUBJECT: Presentation from the California Department of Transportation (Caltrans) regarding the status of the State Route 124/94 Auxiliary Lane Widening Project.
DATE: August 12, 2025
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, CMC, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: RESOLUTION APPOINTING A MEMBER TO FILL AN UNSCHEDULED
VACANCY ON THE PLANNING COMMISSION
On July 8, 2025, the City Council interviewed applicants seeking appointment or reappointment to the City’s various boards and commissions. Appointments and reappointments were made at the July 22, 2025, City Council meeting. However, due to the limited number of vacancies, not all interested applicants were selected.
Pursuant to Government Code §54974, when an unscheduled vacancy occurs on a board, commission, or committee appointed by the legislative body, a final appointment may not be made until at least 10 working days after a notice of the vacancy has been posted in the City Clerk’s Office.
A Notice of Unscheduled Vacancy for the Planning Commission was posted to the City’s website on Monday, July 21. As a result, the City Council could not fill the vacancy at the July 22 meeting. The appointment to fill this unscheduled vacancy will be considered at the August 12, 2025, City Council meeting.
Planning Commission members are appointed by the City Council. During the meeting, nomination forms will be distributed to the Mayor and Councilmembers. Each member will indicate their nomination on the form, which will be collected and read aloud by the City Clerk. The process will continue until a nominee receives a majority vote.
Attached is a summary of the eligibility requirements, number of vacancies, and names of the applicants seeking appointment.
Staff recommends the City Council make the appointment to fill the unscheduled vacancy and adopt the attached resolution confirming the appointment.
Attachments
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA APPOINTING
A MEMBER TO FILL AN UNSCHEDULED VACANCY ON THE PLANNING
COMMISSION
___________________________________________________________________ WHEREAS, a position on the City of La Mesa Planning Commission has been vacated; and WHEREAS, the person below has been recommended to the City Council for appointment to said City of La Mesa Commission.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the following is hereby appointed as a member of the City of La Mesa Planning Commission, with their term to commence after the oath or affirmation of allegiance for public officers or employees is executed as required by Article XX, Section 3 of the Constitution of the State of California, and to expire on the dates stated below, or until their successor is appointed and qualified:
Planning Commission: 1 appointment
(Name) is appointed to fill the vacated seat with term ending June 30, 2027.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12
th day of August 2025, 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. 2025- , 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)
Planning Commission: One (1) position – four-year terms One appointee will fill the vacated seat with term expiring June 30, 2027.
Members must be resident electors of the City of La Mesa and are subject to the Conflict of Interest Code.
First Appointed Number of Terms
Marc Regier
APPLICATION IS AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE
1 La Mesa City Council
Minutes of a Special Meeting
Date:
Location:
July 22, 2025, 5:00 p.m.
Council Chambers and City Manager's Conference Room
City Hall, 8130 Allison Avenue
La Mesa, California
Present: Mayor Mark Arapostathis
Vice Mayor Patricia N. Dillard
Councilmember Lauren Cazares
Councilmember Laura Lothian
Councilmember Genevieve Suzuki
Staff: City Manager Greg Humora
City Attorney Glenn Sabine
_____________________________________________________________________
1. CALL TO ORDER
Mayor Arapostathis called the meeting to order at 5:03 p.m.
2. PUBLIC COMMENTS
There were no public comments.
Mayor Arapostathis adjourned the meeting to Closed Session at 5:03 p.m.
3. CLOSED SESSION
3.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title: City Manager
3.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title: City Attorney
The meeting reconvened at 5:32 p.m. with all members present.
2 4. REPORT FROM CLOSED SESSION
City Attorney Sabine announced there were no reportable actions.
5. ADJOURNMENT
Mayor Arapostathis adjourned the meeting at 5:32 p.m.
_________________________
City Clerk
1 La Mesa City Council
Minutes of a Regular Meeting
Date:
Location:
July 22, 2025, 6:00 pm
City Council Chambers, 8130 Allison Avenue
La Mesa, California
Present: Mayor Mark Arapostathis
Vice Mayor Patricia N. Dillard
Councilmember Lauren Cazares
Councilmember Laura Lothian
Councilmember Genevieve Suzuki
Staff: City Manager Greg Humora
Assistant City Manager Amanda Lee
City Attorney Glenn Sabine
City Clerk Megan Wiegelman
_____________________________________________________________________
1. CALL TO ORDER
The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting.
The Agenda Items were considered in the order presented.
Mayor Arapostathis called the meeting to order at 6:00 p.m.
1.1 INVOCATION - COUNCILMEMBER CAZARES
1.2 PLEDGE OF ALLEGIANCE
2. REPORT FROM CLOSED SESSION
City Attorney Sabine announced there were no reportable actions.
3. CITY MANAGER COMMENTS
There were no comments.
4. COMMUNITY BULLETIN REPORTS
2 The Mayor, Council and staff made announcements and reported on various events taking place in the City. No action was taken.
5. ADDITIONS AND/OR DELETIONS TO THE AGENDA
There were no additions or deletions to the agenda.
6. PRESENTATIONS
6.1 PRESENTATION BY THE 22ND DISTRICT AGRICULTURAL
ASSOCIATION ON THE FAIRGROUNDS 2050 PROJECT
Zachary MacQuarrie, Director of Public Affairs at Southwest Strategies Group, provided a presentation on the Del Mar Fairgrounds 2050 Master Plan. The presentation highlighted key attractions at the fairgrounds, outlined the guiding principles for future development, and included an overview of planned public outreach efforts, which would consist of five regional workshops throughout the county to gather community input. The workshops were scheduled to take place following the 2025 San Diego County Fair.
Council questions and comments ensued.
6.2 2024 CLIMATE ACTION PLAN ANNUAL REPORT
Environmental Sustainability Manager Ego, Environmental Program Coordinator Lee, and CivicSpark Fellow Logan Kelly presented the 2024 Climate Action Plan ("CAP") Annual Report, detailing the City’s progress in reducing greenhouse gas emissions since the CAP’s adoption in 2018.
The report showcased significant achievements across key focus areas, including energy efficiency, clean and efficient transportation, waste reduction, and green infrastructure. Notable highlights included the rollout of organics recycling at La Mesa schools, completion of Collier Park improvements, and robust staff and youth engagement through community events and outreach. The presentation also emphasized continued efforts in water conservation, sustainable development, and the City’s ongoing commitment to its climate action goals.
Council questions and comments ensued.
7. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
Craig Hunnewell spoke in support of allowing dogs off-leash throughout MacArthur Park and addressed the San Diego Humane Society’s enforcement of leash laws outside the gated dog park area.
3 Antonia Lopez expressed concerns about parking impacts on Date Avenue and Allison Avenue, and noted that drivers frequently fail to stop at the stop sign at Date Avenue and La Mesa Boulevard, in front of the Farmer’s Table restaurant.
8. CONFLICT DISCLOSURES
There were no conflicts of interest disclosed.
9. BOARD AND COMMISSION APPOINTMENTS
9.1 RESOLUTION APPOINTING AND/OR REAPPOINTING MEMBERS TO
CITY OF LA MESA BOARDS AND COMMISSIONS
Mayor Arapostathis nominated the following individuals for appointment or reappointment to the various City Boards and Commissions:
Arts and Culture Commission
Alison Lindsay as the art educator (Kindergarten through 8th grade) representative
Brittany Morrow as a general population representative
Design Review Board
Patrick R. de la Torre
Environmental Sustainability Commission
Michael Bourton as a professional representative
La Mesa Community Parking Commission
Stacey A. Turner as a general population representative Mobility Commission
Mike Calandra as a general population representative
Emma McClees as a general population representative
Personnel Appeals Board
Jocelyn Watkins
City Clerk Wiegelman explained the nomination process for the Community Services Commission and Planning Commission.
The Council began the open nomination process for two positions on the Community Services Commission.
4 City Clerk Wiegelman announced the nominations as follows:
Round 1:
Mayor Arapostathis nominated Cassandra Neel and Marc Regier Vice Mayor Dillard nominated Cassandra Neel and Robin Ellam Councilmember Cazares nominated Cassandra Neel and Robin Ellam Councilmember Lothian nominated Cassandra Neel and Marc Regier Councilmember Suzuki nominated Cassandra Neel and Robin Ellam City Clerk Wiegelman announced that Cassandra Neel and Robin Ellam had received a majority nomination.
The Council began the open nomination process for two positions on the Planning Commission.
City Clerk Wiegelman announced the nominations as follows:
Round 1:
Mayor Arapostathis nominated David Harris and Tristan Reed Vice Mayor Dillard nominated David Harris and Tristan Reed Councilmember Cazares nominated David Harris and Marc Regier Councilmember Lothian nominated Tristan Reed and Marc Regier Councilmember Suzuki nominated David Harris and Tristan Reed City Clerk Wiegelman announced that David Harris and Tristan Reed had received a majority nomination.
Resolution No. 2025-084
Moved By Mayor Arapostathis
Seconded By Councilmember Cazares
(1) Approve the reappointment of Alison Lindsay as the art educator (kindergarten through 8th grade) representative and the appointment of Brittany Morrow as a general population representative on the Arts and Culture Commission; (2) approve the appointment of Patrick R. de la Torre to the Design Review Board; (3) approve the reappointment of Michael Bourton as a professional representative on the Environmental Sustainability Commission; (4) approve the appointment of Stacey A.
Turner as a general population representative on the La Mesa Community
5 Parking Commission; (5) approve the reappointment of Mike Calandra as a general population representative and the appointment of Emma McClees as a general population representative on the Mobility Commission; (6) approve the reappointment of Jocelyn Watkins to the Personnel Appeals Board; and (7) adopt the Resolution confirming the reappointments and appointments.
For (5): Mayor Arapostathis, Vice Mayor Dillard, Councilmember Cazares, Councilmember Lothian, and Councilmember Suzuki
Approved (5 to 0)
Resolution No. 2025-084
Moved By Mayor Arapostathis
Seconded By Vice Mayor Dillard
Approve the appointments of Robin Ellam and Cassandra Neel to the Community Services Commission and adopt the Resolution confirming the appointments.
For (5): Mayor Arapostathis, Vice Mayor Dillard, Councilmember Cazares, Councilmember Lothian, and Councilmember Suzuki
Approved (5 to 0)
Resolution No. 2025-084
Moved By Mayor Arapostathis
Seconded By Councilmember Cazares
Approve the reappointment of David Harris and the appointment of Tristan Reed to the Planning Commission and adopt the Resolution confirming the reappointment and the appointment.
For (5): Mayor Arapostathis, Vice Mayor Dillard, Councilmember Cazares, Councilmember Lothian, and Councilmember Suzuki
Approved (5 to 0)
10. PUBLIC COMMENTS ON CONSENT CALENDAR
There were no comments on Consent Calendar items.
11. CONSENT CALENDAR
6 (Items 11.1 through 11.12)
*If a public hearing item is part of the Consent Calendar, the public hearing shall be deemed held if the item is not removed from the Consent Calendar for discussion and possible action (Item 11.12).
Moved By Mayor Arapostathis
Seconded By Vice Mayor Dillard
Approve Consent Calendar Items 11.1 through 11.12.
For (5): Mayor Arapostathis, Vice Mayor Dillard, Councilmember Cazares, Councilmember Lothian, and Councilmember Suzuki
Approved (5 to 0)
11.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF
ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Approve.
11.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD TUESDAY, JUNE 24, 2025
Approve.
11.3 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD TUESDAY, JULY 8, 2025
Approve.
11.4 RESOLUTION AUTHORIZING A TASK ORDER WITH RICK
ENGINEERING COMPANY TO PROVIDE AS-NEEDED STAFF
AUGMENTATION SERVICES FOR THE PLANNING DIVISION
Resolution No. 2025-085
Adopt Resolution.
11.5 RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 6 WITH S.C. VALLEY ENGINEERING, INC. FOR BID 24-16, BOULEVARD
DRIVE STORM DRAIN IMPROVEMENT PROJECT (CAPITAL
IMPROVEMENT PROJECT NO. 8506)
Resolution No. 2025-086
Adopt Resolution.
7 11.6 RESOLUTION APPROVING A SEWER SYSTEM MANAGEMENT PLAN
UPDATE PER STATE WATER RESOURCES CONTROL BOARD
ORDER 2022-0103-DWQ
Resolution No. 2025-087
Adopt Resolution.
11.7 RESOLUTION AUTHORIZING A TASK ORDER WITH COMPASS ROSE
GIS FOR AS-NEEDED MAPPING AND GEOGRAPHIC INFORMATION
SYSTEM SERVICES FOR FISCAL YEAR 2026
Resolution No. 2025-088
Adopt Resolution.
11.8 RESOLUTION AUTHORIZING A TASK ORDER WITH BWE, INC. FOR
DESIGN SERVICES FOR THE NANCY DRIVE STREET DRAINAGE
IMPROVEMENTS (CAPITAL IMPROVEMENT PROJECT NO. 8323)
Resolution No. 2025-089
Adopt Resolution.
11.9 RESOLUTION AUTHORIZING A TASK ORDER WITH ARDURRA
GROUP, INC. FOR ON-CALL ENCROACHMENT PERMIT INSPECTION
SERVICES
Resolution No. 2025-090
Adopt Resolution.
11.10 RESOLUTION AUTHORIZING A TASK ORDER WITH ARDURRA
GROUP, INC. FOR STORMWATER COLLECTION SYSTEMS
SERVICES FOR THE LA MESITA PARK DRAINAGE IMPROVEMENTS
PROJECT (CAPITAL IMPROVEMENT PROJECT NO. 8502)
Resolution No. 2025-091
Adopt Resolution.
11.11 RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 1 WITH AMERICAN ASPHALT SOUTH, INC. FOR BID 25-16, 2025
SLURRY SEAL PROJECT (CAPITAL IMPROVEMENT PROJECT NO.
8305)
Resolution No. 2025-092
Adopt Resolution.
8 11.12 *RESOLUTION CONFIRMING THE SEWER SERVICE CHARGES FOR FISCAL YEAR 2026
RESOLUTION CONFIRMING THE REPORT WITH THE FINAL
DETERMINATION OF SEWER SERVICE CHARGES FOR FISCAL
YEAR 2026 TO BE COLLECTED ON THE COUNTY PROPERTY TAX
ROLL AND DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED
COPY OF THE RESOLUTION, TOGETHER WITH A COPY OF THE
REPORT TO THE OFFICE OF THE SAN DIEGO COUNTY AUDITOR
Resolution No. 2025-093
Adopt Resolution.
12. ORDINANCES: SECOND READING
12.1 ORDINANCE RENAMING COMMUNITY SERVICES DEPARTMENT
AND COMMISSION AND UPDATING SUPERVISORY RESPONSIBILITY
OF THE LANDSCAPING AND MAINTENANCE OF PARK AREAS
CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LA MESA AMENDING THE LA MESA MUNICIPAL CODE (INCLUDING CHAPTER 2.32, SECTION 2.16.15(D)(6), CHAPTERS
9.04, 9.05, AND 9.06) TO DO THE FOLLOWING: (1) RENAME (A) "COMMUNITY SERVICES DEPARTMENT" TO "PARKS AND
RECREATION DEPARTMENT," (B) "COMMUNITY SERVICES
COMMISSION" TO "PARKS AND RECREATION COMMISSION," AND
(C) "DIRECTOR OF COMMUNITY SERVICES" TO "DIRECTOR OF
PARKS AND RECREATION;" AND, (2) SHIFT THE SUPERVISORY
RESPONSIBILITY OF LANDSCAPING AND MAINTENANCE OF PARK
AREAS TO THE CITY MANAGER OR HIS OR HER DESIGNEE
City Attorney Sabine read the title of the Ordinance.
Ordinance No. 2025-2919
Moved By Mayor Arapostathis
Seconded By Councilmember Suzuki
Approve the second reading and adoption of the Ordinance.
For (5): Mayor Arapostathis, Vice Mayor Dillard, Councilmember Cazares, Councilmember Lothian, and Councilmember Suzuki
Approved (5 to 0)
9 12.2 CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA AMENDING CHAPTER 17.12 OF THE LA
MESA MUNICIPAL CODE TO ADJUST THE SCHEDULE OF SEWER
SERVICE CHARGES FOR FISCAL YEARS 2026 AND 2027
City Attorney Sabine read the title of the Ordinance.
Ordinance No. 2025-2920
Moved By Mayor Arapostathis
Seconded By Vice Mayor Dillard
Approve the second reading and adoption of the Ordinance.
For (5): Mayor Arapostathis, Vice Mayor Dillard, Councilmember Cazares, Councilmember Lothian, and Councilmember Suzuki
Approved (5 to 0)
13. COUNCIL INITIATED
13.1 CONSIDERATION OF REINSTATING AND APPOINTING MEMBERS TO
THE COUNCIL CLIMATE ACTION PLAN UPDATE AD HOC
SUBCOMMITTEE TO REVIEW AND RECOMMEND UPDATES TO THE
CLIMATE ACTION PLAN - VICE MAYOR DILLARD AND
COUNCILMEMBER CAZARES
Vice Mayor Dillard and Councilmember Cazares explained their request for the Council to reinstate and appoint members to the Council CAP Update Ad Hoc Subcommittee. The subcommittee would assist staff in identifying and applying for grant funding related to CAP projects and support the Environmental Sustainability Division in advancing the CAP’s implementation.
Council questions and comments ensued.
Moved By Mayor Arapostathis
Seconded By Councilmember Suzuki
Reinstate the Council CAP Update Ad Hoc Subcommittee and appoint Vice Mayor Dillard and Councilmember Cazares to serve on the subcommittee for the purpose of assisting staff in identifying and applying for grant funding related to CAP projects and supporting the Environmental Sustainability Division in advancing the CAP’s implementation.
10 For (4): Mayor Arapostathis, Vice Mayor Dillard, Councilmember Cazares, and Councilmember Suzuki
Against (1): Councilmember Lothian
Approved (4 to 1)
14. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
The Mayor and Council reported on various outside boards, commissions and committee meetings they attended. No action was taken.
15. AB 1234 REPORTS (GC 53232.3 (d))
There were no reports.
16. CITY ATTORNEY REMARKS
There were no remarks.
17. ADJOURNMENT
Mayor Arapostathis adjourned the meeting at 7:09 p.m.
_________________________
City Clerk
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: August 12, 2025
SUBJECT: CONSIDERATION OF A BUY/SELL AGREEMENT TO
CONVEY A REMNANT PARCEL (8213 UNIVERSITY
AVENUE) TO CARLTON SELL, LLC
ISSUING DEPARTMENT: CITY MANAGER’S OFFICE
SUMMARY:
Issue:
Should the City Council approve a Buy/Sell Agreement to convey a 6,970 square foot remnant parcel located at 8213 University Ave (the “Parcel”) to Carlton Sell, LLC?
Recommendation:
Staff recommends that the City Council approve the Buy/Sell Agreement, in substantial form, subject to the review and approval of the City Attorney; and, authorize the City Manager to execute the same on behalf of the City Council.
Fiscal Impact:
If approved, proceeds from the sale in the amount of $190,000 will be deposited in the General Fund.
BACKGROUND:
In 2024, the City received a letter from Carlton Sell, LLC (Carlton Sell) requesting to purchase a City owned 6,970 square foot remnant parcel located at 8213 University Ave (Parcel). Carlton Sell owns the adjacent property and is interested in redeveloping the southeast corner of University Avenue and Spring Street. Carlton Sell currently leases the Parcel from the City, which is used for parking for their commercial tenant (automotive use).
Report to Mayor and Councilmembers
Date: August 12, 205
Page: 2 of 2
At the March 11, 2025, Closed Session meeting, the City Council authorized the City Manager to begin negotiations for the sale of the Parcel, substantiated by an appraisal at the prospective buyer’s expense. An appraisal by a qualified consultant determined the market value of the Parcel to be $190,000. At the May 27, 2025, Closed Session meeting, the City Council directed the City Manager to bring back an appropriate Buy/Sell Agreement associated with the Parcel.
CONCLUSION:
Staff recommends that the City Council approve the Buy/Sell Agreement, in substantial form, subject to the review and approval of the City Attorney; and, authorize the City Manager to execute the same on behalf of the Council. The draft Buy/Sell Agreement is attached as Attachment “A”.
Reviewed by: Respectfully submitted by:
____________________ ____________________
Greg Humora Amanda Lee
City Manager Assistant City Manager
____________________
Lyn Dedmon
Assistant to the City Manager
Attachment A: Draft Buy/Sell Agreement
Dated: June 12 2025
1. Buyer.
1.1 Carlton Sell, LLC , ("Buyer") hereby offersto purchase the real property, hereinaŌer described, from the owner thereof ("Seller") (collecƟvely, the "ParƟes" or individually, a "Party"), through an escrow ("Escrow") to close 30 or 10 days aŌer the waiver or saƟsfacƟon of the Buyer's ConƟngencies, ("Expected Closing Date") to be held by Chicago Title Escrow ("Escrow Holder") whose address is 2365 Northside Drive, Suite 600 San Diego, CA 92108 , Phone No. 619-521-3400 , Facsimile No. upon the terms and condiƟons set forth in this agreement ("Agreement"). Buyer shall have the right to assign Buyer's rights hereunder, but any such assignmentshall not relieve Buyer of Buyer's obligaƟons herein unless Seller expressly releases Buyer.
1.2 The term "Date of Agreement" as used herein shall be the date when by execuƟon and delivery (as defined in paragraph 20.2) of this document or a subsequent counteroffer thereto, Buyer and Seller have reached agreement in wriƟng whereby Seller agrees to sell, and Buyer agrees to purchase, the Property upon terms accepted by both ParƟes.
2. Property.
2.1 The real property ("Property") that is the subject of this offer consists of (insert a brief physical descripƟon) Approximately 6970 SF parcel improved as parking lot islocated in the County of San Diego , is commonly known as (street address, city, state, zip) 8213 University Avenue and is legally described as: LOT:18 DIST:0014 City: La Mesa SUBD:Mandar Tract#:1578 ALLEY &ST CLSD ADJ& Map (APN: 494-240-45-00 ).
2.2 If the legal descripƟon of the Property is not complete or is inaccurate, this Agreement shall not be invalid and the legal descripƟon shall be completed or corrected to meet the requirements of Chicago Title ("Title Company"), which shall issue the Ɵtle policy hereinaŌer described.
2.3 The Property includes, at no addiƟonal cost to Buyer, the permanent improvementsthereon, including those items which pursuant to applicable law are a part of the property, as well as the following items, if any, owned by Seller and at present located on the Property: electrical distribuƟon systems(power panel, bus ducƟng, conduits, disconnects, lighƟng fixtures); telephone distribuƟon systems(lines, jacks and connecƟons only);space heaters; heaƟng, venƟlaƟng, air condiƟoning equipment ("HVAC"); air lines; fire sprinkler systems;security and fire detecƟon systems; carpets; window coverings; wall coverings; and Asphalt, curb and gutter (collecƟvely, the "Improvements").
2.4 The fire sprinkler monitor: is owned by Seller and included in the Purchase Price, is leased by Seller, and Buyer will need to negoƟate a new lease with the fire monitoring company, ownership will be determined during Escrow, or there is no fire sprinkler monitor.
2.5 Except as provided in Paragraph 2.3, the Purchase Price does not include Seller's personal property, furniture and furnishings, and N/A all of which shall be removed by Seller prior to Closing.
3. Purchase Price.
3.1 The purchase price ("Purchase Price") to be paid by Buyer to Seller for the Property shall be $190,000 , payable as follows:
$190,000
N/A
N/A
N/A
N/A
Total Purchase Price: $190,000
3.2 If Buyer is taking Ɵtle to the Property subject to, or assuming, an ExisƟng Deed of Trust and such deed of trust permits the beneficiary to demand payment
STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS
FOR PURCHASE OF REAL ESTATE
(Non-ResidenƟal)
(Strike any not applicable)
(a) Cash down payment, including the Deposit as defined in paragraph 4.3 (or if an all cash transacƟon, the Purchase Price):
(b) Amount of "New Loan" as defined in paragraph 5.1, if any:
(c) Buyer shall take Ɵtle to the Property subject to and/or assume the following exisƟng deed(s) of trust ("ExisƟng Deed(s) of Trust")securing the exisƟng promissory note(s) ("ExisƟng Note(s)"):
(i) An ExisƟng Note ("First Note") with an unpaid principal balance as of the Closing of approximately:
Said First Note is payable at N/A per month, including interest at the rate of N/A % per annum unƟl paid (and/or the enƟre unpaid balance is due on N/A ). (ii) An ExisƟng Note ("Second Note") with an unpaid principal balance as of the Closing of approximately:
Said Second Note is payable at N/A per month, including interest at the rate of N/A % per annum unƟl paid (and/or the enƟre unpaid balance is due on N/A ). (d) Buyer shall give Seller a deed of trust ("Purchase Money Deed of Trust") on the property, to secure the promissory note of Buyer to Seller described in paragraph 6 ("Purchase Money Note") in the amount of:
of fees including, but not limited to, points, processing fees, and appraisal fees as a condiƟon to the transfer of the Property, Buyer agrees to pay such fees up to a maximum of 1.5% of the unpaid principal balance of the applicable ExisƟng Note.
4. Deposits.
4.1 Buyer has delivered to Broker a check in the sum of N/A , payable to Escrow Holder, to be delivered by Broker to Escrow Holder within 2 or 5 business days aŌer both ParƟes have executed this Agreement and the executed Agreement has been delivered to Escrow Holder, or within 2 or 5 business days aŌer both ParƟes have executed this Agreement and the executed Agreement has been delivered to Escrow Holder Buyer shall deliver to Escrow Holder a check in the sum of $10,000 . If said check is not received by Escrow Holder within said Ɵme period then Seller may elect to unilaterally terminate this transacƟon by giving wriƩen noƟce ofsuch elecƟon to Escrow Holder whereupon neither Party shall have any further liability to the other under this Agreement. Should Buyer and Seller not enter into an agreement for purchase and sale, Buyer's check or funds shall, upon request by Buyer, be promptly returned to Buyer.
4.2 AddiƟonal deposits:
(a) Within 5 business days aŌer the Date of Agreement, Buyer shall deposit with Escrow Holder the addiƟonal sum of to be applied to the Purchase Price at the Closing.
(b) Within 5 business days aŌer the conƟngencies discussed in paragraph 9.1 (a) through (m) are approved or waived, Buyer shall deposit with Escrow Holder the addiƟonal sum of to be applied to the Purchase Price at the Closing. (c) If an AddiƟonal Deposit is not received by Escrow Holder within the Ɵme period provided then Seller may noƟfy Buyer, Escrow Holder, and Brokers, in wriƟng that, unlessthe AddiƟonal Deposit is received by Escrow Holder within 2 business days following said noƟce, the Escrow shall be deemed terminated without further noƟce or instrucƟons.
4.3 Escrow Holder shall deposit the funds deposited with it by Buyer pursuant to paragraphs 4.1 and 4.2 (collecƟvely the "Deposit"), in a State or Federally chartered bank in an interest bearing account whose term is appropriate and consistent with the Ɵming requirements of this transacƟon. The interest therefrom shall accrue to the benefit of Buyer, who hereby acknowledges that there may be penalƟes or interest forfeitures if the applicable instrument isredeemed prior to its specified maturity. Buyer's Federal Tax IdenƟficaƟon Number is 26-0673703 . NOTE: Such interest bearing account cannot be opened unƟl Buyer's Federal Tax IdenƟficaƟon Number is provided.
4.4 Notwithstanding the foregoing, within 5 days aŌer Escrow Holder receives the monies described in paragraph 4.1 above, Escrow Holder shall release $100 of said moniesto Seller as and for independent consideraƟon for Seller's' execuƟon of this Agreement and the granƟng of the conƟngency period to Buyer as herein provided. Such independent consideraƟon is non-refundable to Buyer butshall be credited to the Purchase Price in the event that the purchase of the Property is completed.
4.5 Upon waiver of all of Buyer's conƟngenciesthe Depositshall become non-refundable but applicable to the Purchase Price except in the event of a Seller breach, or in the event that the Escrow is terminated pursuant to the provisions of Paragraph 9.1(n) (DestrucƟon, Damage or Loss) or 9.1(o) (Material Change).
5. Financing ConƟngency. (Strike if not applicable)
5.1 This offeris conƟngent upon Buyer obtaining from an insurance company, financial insƟtuƟon or other lender, a commitment to lend to Buyer a sum equal to at least N/A % of the Purchase Price, on terms acceptable to Buyer. Such loan ("New Loan") shall be secured by a first deed of trust or mortgage on the Property. If this Agreement provides for Seller to carry back junior financing, then Seller shall have the right to approve the terms of the New Loan. Seller shall have 7 daysfollowing receipt of the commitmentseƫng forth the proposed terms of the New Loan to approve or disapprove ofsuch proposed terms. If Seller failsto noƟfy Escrow Holder, in wriƟng, of the disapproval within said 7 days it shall be conclusively presumed that Seller has approved the terms of the New Loan.
5.2 If Buyer shall fail to noƟfy its Broker, Escrow Holder and Seller, in wriƟng within N/A days following the Date of Agreement, that the New Loan has not been obtained, itshall be conclusively presumed that Buyer has either obtained said New Loan or has waived this New Loan conƟngency.
5.3 If Buyer shall noƟfy its Broker, Escrow Holder and Seller, in wriƟng, within the Ɵme specified in paragraph 5.2 hereof, that Buyer has not obtained said New Loan, this Agreementshall be terminated, and Buyer shall be enƟtled to the prompt return of the Deposit, plus any interest earned thereon, less only Escrow Holder and Title Company cancellaƟon fees and costs, which Buyer shall pay.
6. Seller Financing. (Purchase Money Note). (Strike if not applicable)
6.1 If Seller approves Buyer's financials(see paragraph 6.5) the Purchase Money Note shall provide for interest on unpaid principal at the rate of N/A % per annum, with principal and interest paid as follows: N/A . The Purchase Money Note and Purchase Money Deed of Trustshall be on the current forms commonly used by Escrow Holder, and be junior and subordinate only to the ExisƟng Note(s) and/or the New Loan expressly called for by this Agreement.
6.2 The Purchase Money Note and/or the Purchase Money Deed of Trust shall contain provisions regarding the following (see also paragraph 10.3 (b)):
(a) Prepayment. Principal may be prepaid in whole or in part at any Ɵme without penalty, at the opƟon of the Buyer. (b) Late Charge. A late charge of 6% shall be payable with respect to any payment of principal, interest, or other charges, not made within 10 days aŌer it is due.
(c) Due On Sale. In the event the Buyer sells or transfers Ɵtle to the Property or any porƟon thereof, then the Seller may, at Seller's opƟon, require the enƟre unpaid balance of said Note to be paid in full.
6.3 If the Purchase Money Deed of Trust is to be subordinate to other financing, Escrow Holder shall, at Buyer's expense prepare and record on Seller's behalf a request for noƟce of default and/or sale with regard to each mortgage or deed of trust to which it will be subordinate.
6.4 WARNING: CALIFORNIA LAW DOES NOT ALLOW DEFICIENCY JUDGEMENTS ON SELLER FINANCING. IF BUYER ULTIMATELY DEFAULTS ON THE LOAN, SELLER'S SOLE REMEDY IS TO FORECLOSE ON THE PROPERTY.
6.5 Seller's obligaƟon to provide financing is conƟngent upon Seller's reasonable approval of Buyer's financial condiƟon. Buyer to provide a current financial statement and copies of its Federal tax returns for the last 3 yearsto Seller within 10 daysfollowing the Date of Agreement. Seller has 10 days following receipt of such documentaƟon to saƟsfy itself with regard to Buyer's financial condiƟon and to noƟfy Escrow Holder asto whether or not Buyer's financial condiƟon is acceptable. If Seller failsto noƟfy Escrow Holder, in wriƟng, of the disapproval of this conƟngency within said Ɵme period, itshall be conclusively presumed that Seller has approved Buyer's financial condiƟon. If Seller is notsaƟsfied with Buyer's financial condiƟon or if Buyer fails to deliver the required documentaƟon then Seller may noƟfy Escrow Holder in wriƟng that Seller Financing will not be available, and Buyer shall have the opƟon, within 10 days of the receipt of such noƟce, to either terminate this transacƟon or to purchase the Property without Seller financing. If Buyer failsto noƟfy Escrow Holder within said Ɵme period of its elecƟon to terminate this transacƟon then Buyer shall be conclusively presumed to have elected to purchase the Property without Seller financing. If Buyer electsto terminate, Buyer's Deposit shall be refunded less Title Company and Escrow Holder cancellaƟon fees and costs, all of which shall be Buyer's obligaƟon.
7. Real Estate Brokers.
7.1 Each Party acknowledges receiving a Disclosure Regarding Real Estate Agency RelaƟonship, confirms and consentsto the following agency relaƟonships in thistransacƟon with the following real estate broker(s) ("Brokers") and/or their agents(“Agent(s)”):
Seller's Brokerage Firm N/A License No. N/A is the broker of (check one): the Seller; or both the Buyer and Seller (dual agent).
Seller's Agent N/A License No. N/A is (check one): the Seller's Agent (salesperson or broker associate); or both the Seller's Agent and the Buyer's Agent (dual agent).
Buyer's Brokerage Firm N/A License No. N/A is the broker of (check one): the Buyer; or both the Buyer and Seller (dual agent).
Buyer's Agent N/A License No. N/A is (check one): the Buyer's Agent (salesperson or broker associate); or both the Buyer's Agent and the Seller's Agent (dual agent).
The ParƟes acknowledge that other than the Brokers and Agents listed above, there are no other brokers or agents represenƟng the ParƟes or due any fees and/or commissions under this Agreement. Buyer shall use the services of Buyer's Broker exclusively in connecƟon with any and all negoƟaƟons and offers with respect to the Property for a period of 1 year from the date inserted for reference purposes at the top of page 1.
7.2 Buyer and Seller each represent and warrant to the other that he/she/it has had no dealings with any person, firm, broker, agent or finder in connecƟon with the negoƟaƟon of this Agreement and/or the consummaƟon of the purchase and sale contemplated herein, other than the Brokers and Agents named in paragraph 7.1, and no broker, agent or other person, firm or enƟty, other than said Brokers and Agents is/are enƟtled to any commission or finder's fee in connecƟon with this transacƟon as the result of any dealings or acts ofsuch Party. Buyer and Seller do each hereby agree to indemnify, defend, protect and hold the other harmless from and against any costs, expenses or liability for compensaƟon, commission or charges which may be claimed by any broker, agent, finder or othersimilar party, other than said named Brokers and Agents by reason of any dealings or act of the indemnifying Party.
8. Escrow and Closing.
8.1 Upon acceptance hereof by Seller, this Agreement, including any counteroffers incorporated herein by the ParƟes, shall consƟtute not only the agreement of purchase and sale between Buyer and Seller, but also instrucƟons to Escrow Holder for the consummaƟon of the Agreement through the Escrow. Escrow Holder shall not prepare any further escrow instrucƟons restaƟng or amending the Agreement unlessspecifically so instructed by the ParƟes or a Broker herein. Subject to the reasonable approval of the ParƟes, Escrow Holder may, however, include itsstandard general escrow provisions. In the event that there is any conflict between the provisions of the Agreement and the provisions of any addiƟonal escrow instrucƟons the provisions of the Agreement shall prevail as to the ParƟes and the Escrow Holder.
8.2 As soon as pracƟcal aŌer the receipt of this Agreement and any relevant counteroffers, Escrow Holder shall ascertain the Date of Agreement as defined in paragraphs 1.2 and 20.2 and advise the ParƟes and Brokers, in wriƟng, of the date ascertained.
8.3 Escrow Holder is hereby authorized and instructed to conduct the Escrow in accordance with this Agreement, applicable law and custom and pracƟce of the community in which Escrow Holder is located, including any reporƟng requirements of the Internal Revenue Code. In the event of a conflict between the law of the state where the Property islocated and the law of the state where the Escrow Holder islocated, the law of the state where the Property is located shall prevail.
8.4 Subject to saƟsfacƟon of the conƟngencies herein described, Escrow Holder shall close this escrow (the "Closing") by recording a general warranty deed (a grant deed in California) and the other documentsrequired to be recorded, and by disbursing the funds and documents in accordance with this Agreement.
8.5 Buyer and Seller shall each pay one-half of the Escrow Holder's charges and Seller shall pay the usual recording fees and any required documentary transfer taxes. Seller shall pay the premium for a standard coverage owner's or joint protecƟon policy of Ɵtle insurance. (See also paragraph 11.)
8.6 Escrow Holder shall verify that all of Buyer's conƟngencies have been saƟsfied or waived prior to Closing. The maƩers contained in paragraphs 9.1 subparagraphs (b), (c), (d), (e), (g), (i), (n), and (o), 9.4, 12, 13, 14, 16, 18, 20, 21, 22, and 24 are, however, maƩers of agreement between the ParƟes only and are not instrucƟons to Escrow Holder.
8.7 If this transacƟon isterminated for non-saƟsfacƟon and non-waiver of a Buyer's ConƟngency, as defined in paragraph 9.2 or disapproval of any other maƩer subject to Buyer's approval, then neither of the ParƟes shall thereaŌer have any liability to the other under this Agreement, except to the extent of a breach of any affirmaƟve covenant or warranty in this Agreement. In the event of such terminaƟon, Buyer shall,subject to the provisions of paragraph 8.10, be promptly refunded all funds deposited by Buyer with Escrow Holder, less only the $100 provided for in paragraph 4.4 and the Title Company and Escrow Holder cancellaƟon fees and costs, all of which shall be Buyer's obligaƟon. If thistransacƟon is terminated as a result of Seller's breach of this Agreement then Sellershall pay the Title Company and Escrow Holder cancellaƟon fees and costs.
8.8 The Closing shall occur on the Expected Closing Date, or assoon thereaŌer asthe Escrow isin condiƟon for Closing; provided, however, that if the Closing does not occur by the Expected Closing Date and said Date is not extended by mutual instrucƟons of the ParƟes, a Party not then in default under this Agreement may noƟfy the other Party, Escrow Holder, and Brokers, in wriƟng that, unlessthe Closing occurs within 5 business days following said noƟce, the Escrow shall be deemed terminated without further noƟce or instrucƟons.
8.9 Except as otherwise provided herein, the terminaƟon of Escrow shall not relieve or release either Party from any obligaƟon to pay Escrow Holder'sfees and costs or consƟtute a waiver, release or discharge of any breach or default that has occurred in the performance of the obligaƟons, agreements, covenants or warranƟes contained therein.
8.10 If this Escrow is terminated for any reason other than Seller's breach or default, then as a condiƟon to the return of Buyer's deposit, Buyer shall within 5 days aŌer wriƩen request deliver to Seller, at no charge, copies of allsurveys, engineering studies, soil reports, maps, master plans, feasibility studies and other similar items prepared by or for Buyer that pertain to the Property.
9. ConƟngenciesto Closing.
9.1 IF, BEFORE EXPIRATION OF THE APPLICABLE TIME, BUYER FAILS TO PROVIDE ESCROW HOLDER WRITTEN NOTICE OF BUYER'S DISAPPROVAL OF ANY OF
BUYER'S CONTINGENCIES OR ANY OTHER MATTER THAT IS SUBJECT TO BUYER'S APPROVAL IN THIS AGREEMENT, THEN BUYER SHALL BE CONCLUSIVELY DEEMED TO HAVE SATISFIED SUCH BUYER'S CONTINGENCIES AND/OR APPROVED OF SUCH OTHER MATTERS. If a number of daysis completed in any of the opƟonal spaces in subparagraphs 9.1 (a) through (m), then such number shall apply and override the pre-printed number, even if the pre-printed number is notstricken. The Closing of this transacƟon is conƟngent upon the saƟsfacƟon or waiver of the following conƟngencies:
(a) Disclosure. Seller shall make to Buyer, through Escrow, all of the applicable disclosures required by law (See AIR CRE ("AIR")standard form enƟtled "Seller's Mandatory Disclosure Statement") and provide Buyer with a completed Property InformaƟon Sheet ("Property InformaƟon Sheet") concerning the Property, duly executed by or on behalf of Seller in the current form or equivalent to that published by the AIR within 10 or 10 days following the Date of Agreement.
Buyer has 10 days from the receipt of said disclosures to approve or disapprove the maƩers disclosed. (b) Physical InspecƟon. Buyer has 10 or 10 days following the receipt of the Property InformaƟon Sheet or the Date of Agreement, whichever
islater, to saƟsfy itself with regard to the physical aspects and size of the Property. (c) Hazardous Substance CondiƟons Report. Buyer has 30 or 10 days following the receipt of the Property InformaƟon Sheet or the Date of Agreement, whichever islater, to saƟsfy itself with regard to the environmental aspects of the Property. Seller recommends that Buyer obtain a Hazardous Substance CondiƟons Report concerning the Property and relevant adjoining properƟes. Any such report shall be paid for by Buyer. A "Hazardous Substance" for purposes of this Agreement is defined as any substance whose nature and/or quanƟty of existence, use, manufacture, disposal or effect, render it subject to Federal, state orlocal regulaƟon, invesƟgaƟon, remediaƟon or removal as potenƟally injurious to public health or welfare. A "Hazardous Substance CondiƟon" for purposes of this Agreement is defined as the existence on, under or relevantly adjacent to the Property of a Hazardous Substance that would require remediaƟon and/or removal under applicable Federal, state or local law.
(d) Soil InspecƟon. Buyer has 30 or 15 days following the receipt of the Property InformaƟon Sheet or the Date of Agreement, whichever is later, to saƟsfy itself with regard to the condiƟon of the soils on the Property. Sellerrecommends that Buyer obtain a soil test report. Any such report shall be paid for by Buyer. Seller shall provide Buyer copies of any soils report that Seller may have within 10 days following the Date of Agreement. (e) Governmental Approvals. Buyer has 30 or 15 days following the Date of Agreement to saƟsfy itself with regard to approvals and permits from governmental agencies or departments which have or may have jurisdicƟon over the Property and which Buyer deems necessary or desirable in connecƟon with its intended use of the Property, including, but not limited to, permits and approvals required with respect to zoning, planning, building and safety, fire, police, handicapped and Americans with DisabiliƟes Act requirements, transportaƟon and environmental maƩers. (f) CondiƟons of Title. Escrow Holder shall cause a current commitment for Ɵtle insurance ("Title Commitment") concerning the Property issued by the Title Company, as well aslegible copies of all documentsreferred to in the Title Commitment ("Underlying Documents"), and a scaled and dimensioned plot showing the locaƟon of any easementsto be delivered to Buyer within 10 or 15 daysfollowing the Date of Agreement. Buyer has 10 daysfrom the receipt of the Title Commitment, the Underlying Documents and the plot plan to saƟsfy itself with regard to the condiƟon of Ɵtle. The disapproval by Buyer of any monetary encumbrance, which by the terms of this Agreement is not to remain against the Property aŌer the Closing, shall not be considered a failure of this conƟngency, as Seller shall have the obligaƟon, at Seller's expense, to saƟsfy and remove such disapproved monetary encumbrance at or before the Closing. (g) Survey. Buyer has 30 or 15 days following the receipt of the Title Commitment and Underlying Documents to saƟsfy itself with regard to any ALTA Ɵtle supplement based upon a survey prepared to American Land Title AssociaƟon ("ALTA")standards for an owner's policy by a licensed surveyor, showing the legal descripƟon and boundary lines of the Property, any easements of record, and any improvements, poles, structures and things located within 10 feet of either side of the Property boundary lines. Any such survey shall be prepared at Buyer's direcƟon and expense. If Buyer has obtained a survey and approved the ALTA Ɵtle supplement, Buyer may elect within the period allowed for Buyer's approval of a survey to have an ALTA extended coverage owner's form of Ɵtle policy, in which event Buyer shall pay any addiƟonal premium aƩributable thereto. (h) ExisƟng Leases and Tenancy Statements. Seller shall within 10 or 5 daysfollowing the Date of Agreement provide both Buyer and Escrow Holder with legible copies of all leases, subleases or rental arrangements (collecƟvely, "ExisƟng Leases") affecƟng the Property, and with a tenancy statement ("Estoppel CerƟficate") in the latest form or equivalent to that published by the AIR, executed by Seller and/or each tenant and subtenant of the Property. Seller shall use its best efforts to have each tenant complete and execute an Estoppel CerƟficate. If any tenant fails or refuses to provide an Estoppel CerƟficate then Seller shall complete and execute an Estoppel CerƟficate for that tenancy. Buyer has 10 days from the receipt of said ExisƟng Leases and Estoppel CerƟficates to saƟsfy itself with regard to the ExisƟng Leases and any other tenancy issues. (i) Owner's AssociaƟon. Seller shall within 10 or 5 days following the Date of Agreement provide Buyer with a statement and transfer package from any owner's associaƟon servicing the Property. Such transfer package shall at a minimum include: copies of the associaƟon's bylaws, arƟcles of incorporaƟon, current budget and financial statement. Buyer has 10 days from the receipt of such documents to saƟsfy itself with regard to the associaƟon. (j) Other Agreements. Seller shall within 10 or 5 days following the Date of Agreement provide Buyer with legible copies of all other agreements("Other Agreements") known to Seller that will affect the Property aŌer Closing. Buyer has 10 daysfrom the receipt of said Other Agreements to saƟsfy itself with regard to such Agreements.
(k) Financing. If paragraph 5 hereof dealing with a financing conƟngency has not been stricken, the saƟsfacƟon or waiver of such New Loan conƟngency. (l) ExisƟng Notes. If paragraph 3.1(c) has not been stricken, Seller shall within 10 or N/A daysfollowing the Date of Agreement provide Buyer with legible copies of the ExisƟng Notes, ExisƟng Deeds of Trust and related agreements (collecƟvely, "Loan Documents") to which the Property will remain subject aŌer the Closing. Escrow Holder shall promptly request from the holders of the ExisƟng Notes a beneficiary statement ("Beneficiary Statement") confirming: (1) the amount of the unpaid principal balance, the current interest rate, and the date to which interest is paid, and (2) the nature and amount of any impounds held by the beneficiary in connecƟon with such loan. Buyer has 10 or N/A daysfollowing the receipt of the Loan Documents and Beneficiary Statementsto saƟsfy itself with regard to such financing. Buyer's obligaƟon to close is condiƟoned upon Buyer being able to purchase the Property without acceleraƟon or change in the terms of any ExisƟng Notes or chargesto Buyer except as otherwise provided in this Agreement or approved by Buyer, provided, however, Buyer shall pay the transfer fee referred to in paragraph 3.2 hereof. Likewise if Seller is to carry back a Purchase Money Note then Seller shall within 10 or N/A days following the Date of Agreement provide Buyer with a copy of the proposed Purchase Money Note and Purchase Money Deed of Trust. Buyer has 10 or N/A daysfollowing the receipt of such documents to saƟsfy itself with regard to the form and content thereof. (m) Personal Property. In the event that any personal property is included in the Purchase Price, Buyer has 10 or daysfollowing the Date of Agreement to saƟsfy itself with regard to the Ɵtle condiƟon of such personal property. Seller recommendsthat Buyer obtain a UCC-1 report. Any such reportshall be paid for by Buyer. Seller shall provide Buyer copies of any liens or encumbrances affecƟng such personal property that it is aware of within 10 or days following the Date of Agreement.
(n) DestrucƟon, Damage or Loss. Subsequent to the Date of Agreement and prior to Closing there shall not have occurred a destrucƟon of, or damage or lossto, the Property or any porƟon thereof, from any cause whatsoever, which would cost more than $10,000.00 to repair or cure. If the cost of repair or cure is $10,000.00 or less, Seller shall repair or cure the loss prior to the Closing. Buyer shall have the opƟon, within 10 days aŌer receipt of wriƩen noƟce of a loss cosƟng more than $10,000.00 to repair or cure, to either terminate this Agreement or to purchase the Property notwithstanding such loss, but without deducƟon or offset against the Purchase Price. If the cost to repair or cure is more than $10,000.00, and Buyer does not elect to terminate this Agreement, Buyer shall be enƟtled to any insurance proceeds applicable to such loss. Unless otherwise noƟfied in wriƟng, Escrow Holder shall assume no such destrucƟon, damage or loss has occurred prior to Closing.
(o) Material Change. Buyer shall have 10 days following receipt of wriƩen noƟce of a Material Change within which to saƟsfy itself with regard to such change. "Material Change" shall mean a substanƟal adverse change in the use, occupancy, tenants, Ɵtle, or condiƟon of the Property that occurs aŌer the date of this offer and prior to the Closing. Unless otherwise noƟfied in wriƟng, Escrow Holder shall assume that no Material Change has occurred prior to the Closing. (p) Seller Performance. The delivery of all documents and the due performance by Seller of each and every undertaking and agreement to be performed
by Seller under this Agreement.
(q) Brokerage Fee. Payment at the Closing of such brokerage fee as isspecified in this Agreement or later wriƩen instrucƟons to Escrow Holder executed by Seller and Brokers ("Brokerage Fee"). It is agreed by the ParƟes and Escrow Holder that Brokers are a third party beneficiary of this Agreement insofar as the Brokerage Fee is concerned, and that no change shall be made with respect to the payment of the Brokerage Fee specified in this Agreement, without the wriƩen consent of Brokers.
9.2 The conƟngenciesspecified in subparagraphs 9.1(a) through (m) are for the benefit of, and may be waived by, Buyer, and are referred to collecƟvely as "Buyer's ConƟngencies" and individually as a "Buyer's ConƟngency."
9.3 Buyer's Ɵmely and wriƩen disapproval or condiƟonal approval of a Buyer's ConƟngency or any other maƩer that is subject to Buyer's approval in this Agreement shall consƟtute disapproval thereof ("Disapproved Item(s)"). Concurrent with noƟce of a Disapproved Item, Buyer may make a request to Seller regarding such Disapproved Item ("Buyer's Request"). If Buyer fails to make a Ɵmely and wriƩen Buyer's Request, then this Agreement shall terminate due to the non-saƟsfacƟon and non-waiver of a conƟngency. Seller may respond to a Buyer's Request within 10 days following Seller's receipt thereof ("Seller's Response").
Seller's acceptance of a Buyer's Request shall amend this Agreement accordingly. If Seller failsto provide a Ɵmely and wriƩen Seller's Response, then Seller's Response shall be deemed to be a rejecƟon of Buyer's Request. Buyer may, within 10 days following the earlier of Buyer'sreceipt of a Seller's Response (which is not an acceptance of Buyer's Request) or the date of Seller's deemed rejecƟon of a Buyer's Request ("Buyer's Reply Period"), reply to a Seller's Response ("Buyer's Reply") and elect to (i) terminate this Agreement due to the non-saƟsfacƟon and non-waiver of the applicable conƟngency, (ii) accept the Seller's Response in which event this Agreement shall be amended accordingly, or (iii) withdraw Buyer's Request and waive the Disapproved Item in which event Buyer shall accept the Property subject to the Disapproved Item. If Buyer fails to provide a Ɵmely and wriƩen Buyer's Reply, then Buyer shall be deemed to have elected to terminate this Agreement as of the end of the Buyer's Reply Period. The date Buyer accepts a Seller's Response or withdraws a Buyer's Request and waives a Disapproved Item shall be the date of Buyer's approval of the Disapproved Item. A Party shall provide to Escrow Holder copy of all noƟces of a Disapproved Item, Buyer's Request, Seller's Response and Buyer's Reply and Escrow Holder shall promptly provide copies thereof to the other Party. Unless the ParƟes in wriƟng agree otherwise, if the Expected Closing Date is a specific calendar date and a Buyer's Reply Period expires aŌersuch specific calendar date, then notwithstanding paragraph 1.1, the Expected Closing Date shall be extended to be 3 business days aŌer the earlier of the date Buyer withdraws a Buyer's Request and waives the applicable Disapproved Item or Buyer accepts the applicable Seller's Response.
9.4 The ParƟes acknowledge that extensive local, state and Federal legislaƟon establish broad liability upon owners and/or users of real property for the invesƟgaƟon and remediaƟon of Hazardous Substances. The determinaƟon of the existence of a Hazardous Substance CondiƟon and the evaluaƟon of the impact of such a condiƟon are highly technical and beyond the experƟse of Brokers. The ParƟes acknowledge that they have been advised by Brokers to consult their own technical and legal experts with respect to the possible presence of Hazardous Substances on the Property or adjoining properƟes, and Buyer and Seller are not relying upon any invesƟgaƟon by or statement of Brokers with respect thereto. The ParƟes hereby assume all responsibility for the impact of such Hazardous Substances upon their respecƟve interests herein.
10. Documents and Other Items Required at or Before Closing.
10.1 Five days prior to the Closing date Escrow Holder shall obtain an updated Title Commitment concerning the Property from the Title Company and provide copies thereof to each of the ParƟes.
10.2 Seller shall deliver to Escrow Holder in Ɵme for delivery to Buyer at the Closing:
(a) Grant or general warranty deed, duly executed and in recordable form, conveying fee Ɵtle to the Property to Buyer. (b) If applicable, the Beneficiary Statements concerning ExisƟng Note(s). (c) If applicable, the ExisƟng Leases and Other Agreements together with duly executed assignmentsthereof by Seller and Buyer. The assignment of ExisƟng Leases shall be on the most recent Assignment and AssumpƟon of Lessor'sInterest in Lease form published by the AIR or its equivalent. (d) An affidavit executed by Seller to the effect that Seller is not a "foreign person" within the meaning of Internal Revenue Code SecƟon 1445 or successor statutes. If Seller does not provide such affidavit in form reasonably saƟsfactory to Buyer at least 3 business days prior to the Closing, Escrow Holder shall at the Closing deduct from Seller's proceeds and remit to the Internal Revenue Service such sum as isrequired by applicable Federal law with respect to purchases from foreign sellers.
(e) If the Property is located in California, an affidavit executed by Seller to the effect that Seller is not a ''nonresident" within the meaning of California Revenue and Tax Code SecƟon 18662 or successor statutes. If Seller does not provide such affidavit in form reasonably saƟsfactory to Buyer at least 3 business days prior to the Closing, Escrow Holder shall at the Closing deduct from Seller's proceeds and remit to the Franchise Tax Board such sum as is required by such statute. (f) If applicable, a bill ofsale, duly executed, conveying Ɵtle to any included personal property to Buyer. (g) If the Seller is a corporaƟon, a duly executed corporate resoluƟon authorizing the execuƟon of this Agreement and the sale of the Property.
10.3 Buyer shall deliver to Seller through Escrow:
(a) The cash porƟon of the Purchase Price and such addiƟonal sums as are required of Buyer under this Agreementshall be deposited by Buyer with Escrow Holder, by federal funds wire transfer, or any other method acceptable to Escrow Holder in immediately collectable funds, no later than 2:00 P.M. on the business day prior to the Expected Closing Date provided, however, that Buyer shall not be required to deposit such monies into Escrow if at the Ɵme set for the deposit of such monies Seller isin default or hasindicated that it will not perform any of its obligaƟons hereunder. Instead, in such circumstances in order to reserve its rights to proceed Buyer need only provide Escrow with evidence establishing that the required monies were available. (b) If a Purchase Money Note and Purchase Money Deed of Trust are called for by this Agreement, the duly executed originals of those documents, the Purchase Money Deed of Trust being in recordable form, together with evidence of fire insurance on the improvements in the amount of the full replacement cost naming Seller as a mortgage loss payee, and a real estate tax service contract (at Buyer's expense), assuring Seller of noƟce of the status of payment of real property taxes during the life of the Purchase Money Note.
(c) The Assignment and AssumpƟon of Lessor'sInterest in Lease form specified in paragraph 10.2(c) above, duly executed by Buyer. (d) AssumpƟons duly executed by Buyer of the obligaƟons of Seller that accrue aŌer Closing under any Other Agreements. (e) If applicable, a wriƩen assumpƟon duly executed by Buyer of the loan documents with respect to ExisƟng Notes. (f) If the Buyer is a corporaƟon, a duly executed corporate resoluƟon authorizing the execuƟon of this Agreement and the purchase of the Property.
10.4 At Closing, Escrow Holder shall cause to be issued to Buyer a standard coverage (or ALTA extended, if elected pursuant to 9.1(g)) owner's form policy of Ɵtle insurance effecƟve as of the Closing, issued by the Title Company in the full amount of the Purchase Price, insuring Ɵtle to the Property vested in Buyer, subject only to the excepƟons approved by Buyer. In the event there is a Purchase Money Deed of Trust in this transacƟon, the policy of Ɵtle insurance shall be a joint protecƟon policy insuring both Buyer and Seller.
IMPORTANT: IN A PURCHASE OR EXCHANGE OF REAL PROPERTY, IT MAY BE ADVISABLE TO OBTAIN TITLE INSURANCE IN CONNECTION WITH THE CLOSE OF ESCROW SINCE THERE MAY BE PRIOR RECORDED LIENS AND ENCUMBRANCES WHICH AFFECT YOUR INTEREST IN THE PROPERTY BEING ACQUIRED. A NEW POLICY OF TITLE INSURANCE SHOULD BE OBTAINED IN ORDER TO ENSURE YOUR INTEREST IN THE PROPERTY THAT YOU ARE ACQUIRING.
11. ProraƟons and Adjustments.
11.1 Taxes. Applicable real property taxes and special assessment bonds shall be prorated through Escrow as of the date of the Closing, based upon the latest tax bill available. The ParƟes agree to prorate as of the Closing any taxes assessed against the Property by supplemental bill levied by reason of events occurring prior to the Closing. Payment of the prorated amount shall be made promptly in cash upon receipt of a copy of any supplemental bill.
11.2 Insurance. WARNING: Any insurance which Seller may have maintained will terminate on the Closing. Buyer is advised to obtain appropriate insurance to cover the Property.
11.3 Rentals, Interest and Expenses. Scheduled rentals, interest on ExisƟng Notes, uƟliƟes, and operaƟng expenses shall be prorated as of the date of Closing.
The ParƟes agree to promptly adjust between themselves outside of Escrow any rents received aŌer the Closing.
11.4 Security Deposit. Security Deposits held by Seller shall be given to Buyer as a credit to the cash required of Buyer at the Closing.
11.5 Post Closing MaƩers. Any item to be prorated that is not determined or determinable at the Closing shall be promptly adjusted by the ParƟes by appropriate cash payment outside of the Escrow when the amount due is determined.
11.6 VariaƟons in ExisƟng Note Balances. In the event that Buyer is purchasing the Property subject to an ExisƟng Deed of Trust(s), and in the event that a Beneficiary Statement asto the applicable ExisƟng Note(s) discloses that the unpaid principal balance ofsuch ExisƟng Note(s) at the closing will be more or less than the amount set forth in paragraph 3.1(c) hereof ("ExisƟng Note VariaƟon"), then the Purchase Money Note(s) shall be reduced or increased by an amount equal to such ExisƟng Note VariaƟon. If there is to be no Purchase Money Note, the cash required at the Closing per paragraph 3.1(a)shall be reduced orincreased by the amount of such ExisƟng Note VariaƟon.
11.7 VariaƟons in New Loan Balance. In the event Buyer is obtaining a New Loan and the amount ulƟmately obtained exceeds the amount set forth in paragraph 5.1, then the amount of the Purchase Money Note, if any,shall be reduced by the amount of such excess.
11.8 Owner's AssociaƟon Fees. Escrow Holder shall: (i) bring Seller's account with the associaƟon current and pay any delinquencies or transfer fees from Seller's proceeds, and (ii) pay any up front fees required by the associaƟon from Buyer's funds.
12. RepresentaƟons and WarranƟes of Seller and Disclaimers.
12.1 Seller's warranƟes and representaƟons shall survive the Closing and delivery of the deed for a period of 3 years, and any lawsuit or acƟon based upon them must be commenced within such Ɵme period. Seller's warranƟes and representaƟons are true, material and relied upon by Buyer and Brokers in all respects. Seller hereby makes the following warranƟes and representaƟons to Buyer and Brokers:
(a) Authority of Seller. Selleris the owner of the Property and/or has the full right, power and authority to sell, convey and transfer the Property to Buyer as provided herein, and to perform Seller's obligaƟons hereunder. (b) Maintenance During Escrow and Equipment CondiƟon At Closing. Except as otherwise provided in paragraph 9.1(n) hereof, Sellershall maintain the Property unƟl the Closing in its present condiƟon, ordinary wear and tear excepted. (c) Hazardous Substances/Storage Tanks. Seller has no knowledge, except as otherwise disclosed to Buyer in wriƟng, of the existence or prior existence on the Property of any Hazardous Substance, nor of the existence or prior existence of any above or below ground storage tank. (d) Compliance. Except as otherwise disclosed in wriƟng, Seller has no knowledge of any aspect or condiƟon of the Property which violates applicable laws, rules, regulaƟons, codes or covenants, condiƟons or restricƟons, or of improvements or alteraƟons made to the Property without a permit where one was required, or of any unfulfilled order or direcƟve of any applicable governmental agency or casualty insurance company requiring any invesƟgaƟon, remediaƟon, repair, maintenance or improvement be performed on the Property. (e) Changes in Agreements. Prior to the Closing, Seller will not violate or modify any ExisƟng Lease or Other Agreement, or create any new leases or other agreements affecƟng the Property, without Buyer's wriƩen approval, which approval will not be unreasonably withheld. (f) Possessory Rights. Seller has no knowledge that anyone will, at the Closing, have any right to possession of the Property, except as disclosed by this Agreement or otherwise in wriƟng to Buyer.
(g) Mechanics' Liens. There are no unsaƟsfied mechanics' or materialmens' lien rights concerning the Property. (h) AcƟons, Suits or Proceedings. Seller has no knowledge of any acƟons, suits or proceedings pending orthreatened before any commission, board, bureau, agency, arbitrator, court or tribunal that would affect the Property or the right to occupy or uƟlize same. (i) NoƟce of Changes. Seller will promptly noƟfy Buyer and Brokers in wriƟng of any Material Change (see paragraph 9.1(o)) affecƟng the Property that becomes known to Seller prior to the Closing.
(j) No Tenant Bankruptcy Proceedings. Seller has no noƟce or knowledge that any tenant of the Property isthe subject of a bankruptcy or insolvency proceeding.
(k) No Seller Bankruptcy Proceedings. Seller is not the subject of a bankruptcy, insolvency or probate proceeding. (l) Personal Property. Seller has no knowledge that anyone will, at the Closing, have any right to possession of any personal property included in the Purchase Price nor knowledge of any liens or encumbrances affecƟng such personal property, except as disclosed by this Agreement or otherwise in wriƟng to Buyer.
12.2 Buyer hereby acknowledges that, except as otherwise stated in this Agreement, Buyer is purchasing the Property in its exisƟng condiƟon and will, by the Ɵme called for herein, make or have waived all inspecƟons of the Property Buyer believes are necessary to protect its own interest in, and its contemplated use of, the Property. The ParƟes acknowledge that, except as otherwise stated in this Agreement, no representaƟons, inducements, promises, agreements, assurances, oral or wriƩen, concerning the Property, or any aspect of the occupaƟonal safety and health laws, Hazardous Substance laws, or any other act, ordinance or law, have been made by either Party or Brokers, or relied upon by either Party hereto.
12.3 In the event that Buyer learns that a Seller representaƟon or warranty might be untrue prior to the Closing, and Buyer electsto purchase the Property anyway then, and in that event, Buyer waives any right that it may have to bring an acƟon or proceeding against Seller or Brokers regarding said representaƟon or warranty.
12.4 Any environmental reports, soils reports, surveys, and othersimilar documents which were prepared by third party consultants and provided to Buyer by Seller or Seller's representaƟves, have been delivered as an accommodaƟon to Buyer and without any representaƟon or warranty as to the sufficiency, accuracy, completeness, and/or validity of said documents, all of which Buyer relies on at its own risk. Seller believes said documents to be accurate, but Buyer is advised to retain appropriate consultants to review said documents and invesƟgate the Property.
13. Possession.
Possession of the Property shall be given to Buyer at the Closing subject to the rights of tenants under ExisƟng Leases.
14. Buyer's Entry.
At any Ɵme during the Escrow period, Buyer, and its agents and representaƟves, shall have the right at reasonable Ɵmes and subject to rights of tenants, to enter upon the Property for the purpose of making inspecƟons and tests specified in this Agreement. No destrucƟve tesƟng shall be conducted, however, without Seller's prior
approval which shall not be unreasonably withheld. Following any such entry or work, unless otherwise directed in wriƟng by Seller, Buyer shall return the Property to the condiƟon it was in prior to such entry or work, including the re-compacƟon or removal of any disrupted soil or material as Seller may reasonably direct. Allsuch inspecƟons and tests and any other work conducted or materials furnished with respect to the Property by or for Buyer shall be paid for by Buyer as and when due and Buyer shall indemnify, defend, protect and hold harmless Seller and the Property of and from any and all claims, liabiliƟes, losses, expenses (including reasonable aƩorneys' fees), damages, including those for injury to person or property, arising out of or relaƟng to any such work or materials or the acts or omissions of Buyer, its agents or employees in connecƟon therewith.
15. Further Documents and Assurances.
The ParƟes shall each, diligently and in good faith, undertake all acƟons and procedures reasonably required to place the Escrow in condiƟon for Closing as and when required by this Agreement. The ParƟes agree to provide all further informaƟon, and to execute and deliver all further documents, reasonably required by Escrow Holder or the Title Company.
16. AƩorneys' Fees.
If any Party or Broker brings an acƟon or proceeding (including arbitraƟon) involving the Property whether founded in tort, contract or equity, or to declare rights hereunder, the Prevailing Party (as hereaŌer defined) in any such proceeding, acƟon, or appeal thereon, shall be enƟtled to reasonable aƩorneys' fees and costs. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such acƟon or proceeding is pursued to decision or judgment. The term "Prevailing Party" shall include, without limitaƟon, a Party or Broker who substanƟally obtains or defeatsthe reliefsought, as the case may be, whether by compromise, seƩlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The aƩorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all aƩorneys' feesreasonably incurred.
17. Prior Agreements/Amendments.
17.1 This Agreementsupersedes any and all prior agreements between Seller and Buyer regarding the Property.
17.2 Amendments to this Agreement are effecƟve only if made in wriƟng and executed by Buyer and Seller.
18. Broker's Rights.
18.1 If this sale is not consummated due to the default of either the Buyer or Seller, the defaulƟng Party shall be liable to and shall pay to Brokers the Brokerage Fee that Brokers would have received had the sale been consummated. If Buyer isthe defaulƟng party, payment of said Brokerage Fee is in addiƟon to any obligaƟon with respect to liquidated or other damages.
18.2 Upon the Closing, Brokers are authorized to publicize the facts of this transacƟon.
19. NoƟces.
19.1 Whenever any Party, Escrow Holder or Brokers herein shall desire to give or serve any noƟce, demand, request, approval, disapproval or other communicaƟon, each such communicaƟon shall be in wriƟng and shall be delivered personally, by messenger, or by mail, postage prepaid, to the address set forth in this agreement or by facsimile transmission, electronic signature, digital signature, or email.
19.2 Service of any such communicaƟon shall be deemed made on the date of actual receipt if personally delivered, or transmiƩed by facsimile transmission, electronic signature, digital signature, or email. Any such communicaƟon sent by regular mail shall be deemed given 48 hours aŌer the same is mailed.
CommunicaƟons sent by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed delivered 24 hours aŌer delivery of the same to the Postal Service or courier. If such communicaƟon isreceived on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day.
19.3 Any Party or Broker hereto may from Ɵme to Ɵme, by noƟce in wriƟng, designate a different address to which, or a different person or addiƟonal persons to whom, all communicaƟons are thereaŌer to be made.
20. DuraƟon of Offer.
20.1 If this offeris not accepted by Seller on or before 5:00 P.M. according to the Ɵme standard applicable to the city of on the date of 7/16/2025 , it shall be deemed automaƟcally revoked.
20.2 The acceptance of this offer, or of any subsequent counteroffer hereto, that creates an agreement between the ParƟes as described in paragraph 1.2, shall be deemed made upon delivery to the other Party or either Broker herein of a duly executed wriƟng uncondiƟonally accepƟng the last outstanding offer or counteroffer.
21. LIQUIDATED DAMAGES. (This Liquidated Damages paragraph is applicable only if iniƟaled by both ParƟes).
THE PARTIES AGREE THAT IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX, PRIOR TO SIGNING THIS AGREEMENT, THE ACTUAL DAMAGES WHICH WOULD BE SUFFERED BY SELLER IF BUYER FAILS TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. THEREFORE, IF, AFTER THE SATISFACTION OR WAIVER
OF ALL CONTINGENCIES PROVIDED FOR THE BUYER'S BENEFIT, BUYER BREACHES THIS AGREEMENT, SELLER SHALL BE ENTITLED TO LIQUIDATED DAMAGES IN THE AMOUNT OF . UPON PAYMENT OF SAID SUM TO SELLER, BUYER SHALL BE RELEASED FROM ANY FURTHER LIABILITY TO SELLER, AND ANY ESCROW CANCELLATION FEES AND TITLE COMPANY CHARGES SHALL BE PAID BY SELLER.
Buyer's IniƟals Seller's IniƟals
22. ARBITRATION OF DISPUTES. (This ArbitraƟon of Disputes paragraph is applicable only if iniƟaled by both ParƟes.)
22.1 ANY CONTROVERSY AS TO WHETHER SELLER IS ENTITLED TO LIQUIDATED DAMAGES AND/OR BUYER IS ENTITLED TO THE RETURN OF THE DEPOSIT SHALL BE DETERMINED BY BINDING ARBITRATION ADMINISTERED BY THE JUDICIAL ARBITRATION & MEDIATION SERVICES, INC. ("JAMS") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES ("COMMERCIAL RULES"). ARBITRATION HEARINGS SHALL BE HELD IN THE COUNTY WHERE THE PROPERTY IS LOCATED.
SUCH CONTROVERSY SHALL BE ARBITRATED BY A SINGLE ARBITRATOR, APPOINTED UNDER THE COMMERCIAL RULES WHO HAS HAD AT LEAST 5 YEARS OF EXPERIENCE IN THE TYPE OF REAL ESTATE THAT IS THE SUBJECT OF THIS AGREEMENT. THE ARBITRATOR SHALL HEAR AND DETERMINE SAID CONTROVERSY IN
ACCORDANCE WITH APPLICABLE LAW OF THE JURISDICTION WHERE THE PROPERTY IS LOCATED, THE INTENTION OF THE PARTIES AS EXPRESSED IN THIS AGREEMENT AND ANY AMENDMENTS THERETO, AND UPON THE EVIDENCE PRODUCED AT AN ARBITRATION HEARING. PRE-ARBITRATION DISCOVERY SHALL BE PERMITTED IN ACCORDANCE WITH THE COMMERCIAL RULES OR STATE LAW APPLICABLE TO ARBITRATION PROCEEDINGS. THE ARBITRATOR SHALL RENDER AN AWARD WITHIN 30 DAYS AFTER THE CONCLUSION OF THE HEARING, WHICH MAY INCLUDE ATTORNEYS' FEES AND COSTS TO THE PREVAILING PARTY PER
PARAGRAPH 16 HEREOF AND SHALL BE ACCOMPANIED BY A REASONED OPINION. THE FAILURE OR REFUSAL OF A PARTY TO PAY SUCH PARTY'S REQUIRED SHARE
OF THE DEPOSITS FOR ARBITRATOR COMPENSATION OR ADMINISTRATIVE CHARGES SHALL CONSTITUTE A WAIVER BY SUCH PARTY TO PRESENT EVIDENCE OR
CROSS-EXAMINE WITNESSES, BUT SUCH WAIVER SHALL NOT ALLOW FOR A DEFAULT JUDGMENT AGAINST THE NON-PAYING PARTY IN THE ABSENCE OF EVIDENCE AND LEGAL ARGUMENT AS THE ARBITRATOR MAY REQUIRE FOR MAKING AN AWARD. JUDGMENT MAY BE ENTERED ON THE AWARD IN ANY COURT OF COMPETENT JURISDICTION NOTWITHSTANDING THE FAILURE OF A PARTY DULY NOTIFIED OF THE ARBITRATION HEARING TO APPEAR THEREAT.
22.2 BUYER'S RESORT TO OR PARTICIPATION IN SUCH ARBITRATION PROCEEDINGS SHALL NOT BAR SUIT IN A COURT OF COMPETENT JURISDICTION BY THE
BUYER FOR DAMAGES AND/OR SPECIFIC PERFORMANCE UNLESS AND UNTIL THE ARBITRATION RESULTS IN AN AWARD TO THE SELLER OF LIQUIDATED DAMAGES, IN WHICH EVENT SUCH AWARD SHALL ACT AS A BAR AGAINST ANY ACTION BY BUYER FOR DAMAGES AND/OR SPECIFIC PERFORMANCE.
22.3 NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION.
Buyer'sIniƟals Seller'sIniƟals
23. Miscellaneous.
23.1 Binding Effect. This Agreementshall be binding on the ParƟes without regard to whether or not paragraphs 21 and 22 are iniƟaled by both of the ParƟes.
Paragraphs 21 and 22 are each incorporated into this Agreement only if iniƟaled by both ParƟes at the Ɵme that the Agreement is executed. Signatures to this Agreement accomplished by means of electronic signature orsimilar technology shall be legal and binding.
23.2 Applicable Law. This Agreementshall be governed by, and paragraph 22.3 is amended to refer to, the laws of the state in which the Property islocated.
Any liƟgaƟon or arbitraƟon between the ParƟes hereto concerning this Agreement shall be iniƟated in the county in which the Property islocated.
23.3 Time of Essence. Time is of the essence of this Agreement.
23.4 Counterparts. This Agreement may be executed by Buyer and Seller in counterparts, each of which shall be deemed an original, and all of which together shall consƟtute one and the same instrument. Escrow Holder, aŌer verifying that the counterparts are idenƟcal except for the signatures, is authorized and instructed to combine the signed signature pages on one of the counterparts, which shall then consƟtute the Agreement.
23.5 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING THE PROPERTY OR ARISING OUT OF THIS AGREEMENT.
23.6 Conflict. Any conflict between the printed provisions of this Agreement and the typewriƩen or handwriƩen provisionsshall be controlled by the typewriƩen or handwriƩen provisions. Seller and Buyer must iniƟal any and all handwriƩen provisions.
23.7 1031 Exchange. Both Seller and Buyer agree to cooperate with each other in the event that either or both wish to parƟcipate in a 1031 exchange. Any party iniƟaƟng an exchange shall bear all costs of such exchange. The cooperaƟng Party shall not have any liability (special or otherwise) for damages to the exchanging Party in the event that the sale is delayed and/or that the sale otherwise fails to qualify as a 1031 exchange.
23.8 Days. Unless otherwise specifically indicated to the contrary, the word "days" as used in this Agreement shall mean and refer to calendar days.
24. Disclosures Regarding the Nature of a Real Estate Agency RelaƟonship.
24.1 The ParƟes and Brokers agree that their relaƟonship(s) shall be governed by the principles set forth in the applicable secƟons of the California Civil Code, as summarized in paragraph 24.2.
24.2 When entering into a discussion with a real estate agent regarding a real estate transacƟon, a Buyer or Seller should from the outset understand what type of agency relaƟonship or representaƟon it has with the agent or agentsin the transacƟon. Buyer and Seller acknowledge being advised by the Brokersin this transacƟon, as follows:
(a) Seller's Agent. A Seller's agent under a lisƟng agreement with the Seller acts as the agent for the Seller only. A Seller's agent or subagent hasthe following affirmaƟve obligaƟons: (1) To the Seller: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller. (2) To the Buyer and the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent's duƟes. b. A duty of honest and fair dealing and good faith. c. A duty to disclose all facts known to the agent materially affecƟng the value or desirability of the property that are not known to, or within the diligent aƩenƟon and observaƟon of, the ParƟes. An agent is not obligated to reveal to either Party any confidenƟal informaƟon obtained from the other Party which does not involve the affirmaƟve duƟes set forth above.
(b) Buyer's Agent. A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situaƟons, the agent is not the Seller's agent, even if by agreement the agent may receive compensaƟon for services rendered, either in full orin part from the Seller. An agent acƟng only for a Buyer has the following affirmaƟve obligaƟons. (1) To the Buyer: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer. (2) To the Buyer and the Seller: a. Diligent exercise of reasonable skills and care in performance of the agent's duƟes. b. A duty of honest and fair dealing and good faith. c. A duty to disclose all facts known to the agent materially affecƟng the value or desirability of the property that are not known to, or within the diligent aƩenƟon and observaƟon of, the ParƟes. An agent is not obligated to reveal to either Party any confidenƟal informaƟon obtained from the other Party which does not involve the affirmaƟve duƟes set forth above.
(c) Agent RepresenƟng Both Seller and Buyer. A real estate agent, either acƟng directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transacƟon, but only with the knowledge and consent of both the Seller and the Buyer. (1) In a dual agency situaƟon, the agent has the following affirmaƟve obligaƟons to both the Seller and the Buyer: a. A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either Seller or the Buyer. b. Other duƟes to the Seller and the Buyer as stated above in their respecƟve secƟons (a) or (b) of this paragraph 24.2. (2) In represenƟng both Seller and Buyer, the agent may not, without the express permission of the respecƟve Party, disclose to the other Party confidenƟal informaƟon, including, but not limited to, facts relaƟng to either Buyer's or Seller's financial posiƟon, moƟvaƟons, bargaining posiƟon, or other personal informaƟon that may impact price, including Seller's willingness to accept a price less than the lisƟng price or Buyer's willingnessto pay a price greater than the price offered. (3) The above duƟes of the agent in a real estate transacƟon do not relieve a Seller or Buyer from the responsibility to protect their own interests. Buyer and Seller should carefully read all
agreementsto assure that they adequately express their understanding of the transacƟon. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. Buyer hasthe duty to exercise reasonable care to protect Buyer, including asto those facts about the Property which are known to Buyer or within Buyer's diligent aƩenƟon and observaƟon. Both Seller and Buyer should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transacƟon can be complex and subject to change. (d) Further Disclosures. Throughout this transacƟon Buyer and Seller may receive more than one disclosure, depending upon the number of agents assisƟng in the transacƟon. Buyer and Seller should each read its contents each Ɵme it is presented, considering the relaƟonship between them and the real estate agent in thistransacƟon and that disclosure. Buyer and Seller each acknowledge receipt of a disclosure of the possibility of mulƟple representaƟon by the Broker represenƟng that principal. This disclosure may be part of a lisƟng agreement, buyer representaƟon agreement or separate document. Buyer understands that Broker represenƟng Buyer may also represent other potenƟal buyers, who may consider, make offers on or ulƟmately acquire the Property. Seller understands that Broker represenƟng Seller may also represent other sellers with compeƟng properƟes that may be of interest to this Buyer. Brokers have no responsibility with respect to any default or breach hereof by either Party. The ParƟes agree that no lawsuit or other legal proceeding involving any breach of duty, error or omission relaƟng to thistransacƟon may be brought against Broker more than one year aŌer the Date of Agreement and that the liability (including court costs and aƩorneys' fees), of any Broker with respect to any breach of duty, error or omission relaƟng to this Agreementshall not exceed the fee received by such Broker pursuant to this Agreement; provided, however, that the foregoing limitaƟon on each Broker'sliability shall not be applicable to any gross negligence or willful misconduct of such Broker.
24.3 ConfidenƟal InformaƟon. Buyer and Seller agree to idenƟfy to Brokers as "ConfidenƟal" any communicaƟon or informaƟon given Brokers that is considered by such Party to be confidenƟal.
25. ConstrucƟon of Agreement. In construing this Agreement, all headings and Ɵtles are for the convenience of the ParƟes only and shall not be considered a part of this Agreement. Whenever required by the context, the singular shall include the plural and vice versa. This Agreement shall not be construed as if prepared by one of the ParƟes, but rather according to its fair meaning as a whole, asif both ParƟes had prepared it.
26. AddiƟonal Provisions.
AddiƟonal provisions of this offer, if any, are as follows or are aƩached hereto by an addendum or addenda consisƟng of paragraphs through . (If there are no addiƟonal provisions write "NONE".)
ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY AIR CRE OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS AGREEMENT OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO:
1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS AGREEMENT.
2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PROPERTY. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PROPERTY, THE INTEGRITY AND CONDITION OF ANY STRUCTURES AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PROPERTY FOR BUYER'S INTENDED USE.
WARNING: IF THE PROPERTY IS LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THIS AGREEMENT MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PROPERTY IS LOCATED.
NOTE:
1. THIS FORM IS NOT FOR USE IN CONNECTION WITH THE SALE OF RESIDENTIAL PROPERTY.
2. IF EITHER PARTY IS A CORPORATION, IT IS RECOMMENDED THAT THIS AGREEMENT BE SIGNED BY TWO CORPORATE OFFICERS.
The undersigned Buyer offers and agreesto buy the Property on the terms and condiƟons stated and acknowledges receipt of a copy hereof.
BROKER
N/A
AƩn: N/A
Title:
Address:
Phone:
Fax:
Email:
Federal ID No.:
Broker DRE License #: N/A
Agent DRE License #: N/A
Date:
BUYER
Carlton Sell, LLC
By:
Name Printed: Steven R Sell
Title: Managing Partner
Phone: 858-395-7355
Fax:
Email: [email protected]
By:
Name Printed:
Title:
Phone:
Fax:
Email:
Address: 610 Gateway Center Way STE F San
Diego, CA 92102
Federal ID No.: 26-0673703
27. Acceptance.
27.1 Seller accepts the foregoing offer to purchase the Property and hereby agreesto sell the Property to Buyer on the terms and condiƟons therein specified.
27.2 In consideraƟon of real estate brokerage service rendered by Brokers, Seller agreesto pay Brokers a real estate Brokerage Fee in a sum equal to N/A % of the Purchase Price to be divided between the Brokers as follows: Seller's Broker N/A % and Buyer's Broker N/A %. This Agreement shall serve as an irrevocable instrucƟon to Escrow Holder to pay such Brokerage Fee to Brokers out of the proceeds accruing to the account of Seller at the Closing.
27.3 Seller acknowledges receipt of a copy hereof and authorizes Brokers to deliver a signed copy to Buyer.
NOTE: A PROPERTY INFORMATION SHEET IS REQUIRED TO BE DELIVERED TO BUYER BY SELLER UNDER THIS AGREEMENT.
BROKER
N/A
AƩn: N/A
Title: N/A
Address: N/A
Phone: N/A
Fax: N/A
Email: N/A
Federal ID No.: N/A
Broker DRE License #: N/A
Agent's DRE License #: N/A
Date:
SELLER
City of La Mesa
By:
Name Printed:
Title:
Phone:
Fax:
Email:
By:
Name Printed:
Title:
Phone:
Fax:
Email:
Address:
Federal ID No.:
AIR CRE * hƩps://www.aircre.com * 213-687-8777 * [email protected] NOTICE: No part of these works may be reproduced in any form without permission in wriƟng.
ADDENDUM TO THE STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS
FOR PURCHASE OF REAL ESTATE
Date: June 12 2025
By and Between
Buyer: Carlton Sell, LLC
Seller: City of La Mesa
Property Address: 8213 University Avenue
(street address, city, state, zip)
This Addendum is aƩached and made part of the above-referenced Agreement (said Agreement and the Addendum are hereinaŌer collecƟvely referred to as the "Agreement"). In the event of any conflict between the provisions of this Addendum and the printed provisions of the Agreement, this Addendum shall control.
AIR CRE * hƩps://www.aircre.com * 213-687-8777 * [email protected] NOTICE: No part of these works may be reproduced in any form without permission in wriƟng.
PROPERTY INFORMATION SHEET
(For the sale or leasing of non-residenƟal properƟes)
PREFACE:
Purpose: This Statement is NOT a warranty as to the actual condiƟon of the Property/Premises. The purpose is, instead, to provide the brokers and the potenƟal buyer/lessee with important informaƟon about the Property/Premises which is currently in the actual knowledge of the Owner and which the Owner is required by law to disclose.
Actual Knowledge: For purposes of this Statement the phrase 'actual knowledge' means: the awareness of a fact, or the awareness ofsufficient informaƟon and circumstancesso as to cause one to believe that a certain situaƟon or condiƟon probably exists.
TO WHOM IT MAY CONCERN:
City of La Mesa ("Owner"), owns the Property/Premises commonly known as(street address, city, state, zip) 8213 University Avenue located in the County of San Diego , and generally described as (describe briefly the nature of the Premises or Property) Approximately 6970 SF parcel improved as parking lot (hereinaŌer "Property"), and cerƟfies that:
1. Material Physical Defects. Owner has no actual knowledge of any material physical defects in the Property or any improvements and structures thereon, including, but not limited to the roof, except (if there are no excepƟons write "NONE"): .
2. Equipment.
A. Owner has no actual knowledge that the heaƟng, venƟlaƟng, air condiƟoning, plumbing, loading doors, electrical and lighƟng systems, life safety systems, security systems and mechanical equipment exisƟng on the Property as of the date hereof, if any, are not in good operaƟng order and condiƟon, except (if there are no excepƟons write "NONE"): .
B. Owner has no actual knowledge of any leases, financing agreements, liens or other agreements affecƟng any equipment which is being included with the Property, except (if there are no excepƟons write "NONE"): .
3. Soil CondiƟons. Owner has no actual knowledge that the Property has any slipping, sliding, seƩling, flooding, ponding or any other grading, drainage or soil problems, except (if there are no excepƟons write "NONE"): .
4. UƟliƟes. Owner represents and warrantsthat the Property isserved by the following uƟliƟes (check the appropriate boxes) public sewer system and the cost of installaƟon thereof has been fully paid, private sepƟc system, electricity, natural gas, domesƟc water, telephone, and other:
.
5. Insurance. Owner has no actual knowledge of any insurance claims filed regarding the Property during the preceding 3 years, except (if there are no excepƟons write "NONE"): .
6. Compliance With Laws. Owner has no actual knowledge of any aspect or condiƟon of the Property which violates applicable laws, rules, regulaƟons, codes, or covenants, condiƟons or restricƟons, or of improvements or alteraƟons made to the Property without a permit where one was required, or of any unfulfilled order or direcƟve of any applicable government agency or of any casualty insurance company that any work of invesƟgaƟon, remediaƟon, repair, maintenance or improvement isto be performed on the Property, except (if there are no excepƟons write "NONE"): .
7. Hazardous Substances and Mold.
A. Owner has no actual knowledge of the Property ever having been used as a waste dump, of the past or present existence of any above or below ground storage tanks on the Property, or of the current existence on the Property of asbestos, transformers containing PCB's or any hazardous, toxic or infecƟous substance whose nature and/or quanƟty of existence, use, manufacture or effect, render itsubject to Federal, state or local regulaƟon, invesƟgaƟon, remediaƟon or removal as potenƟally injurious to public health or welfare, except (if there are no excepƟons write "NONE"): .
B. Owner represents and warrantsthat it is not currently, and never has been engaged in the business of hauling waste, and never stored hazardous substances on the Property, except (if there are no excepƟons write "NONE"): .
C. Owner has no actual knowledge of the existence on the Property of hazardous levels of any mold or fungi defined astoxic under applicable state or Federal law, except (if there are no excepƟons write "NONE"): .
8. Fire Damage. Owner has no actual knowledge of any structure on the Property having suffered material fire damage, except (if there are no excepƟons write "NONE"): .
9. AcƟons, Suits or Proceedings. Owner has no actual knowledge that any acƟons, suits or proceedings are pending or threatened before any court, arbitraƟon tribunal, governmental department, commission, board, bureau, agency or instrumentality that would affect the Property or the right or ability of an owner or tenant to convey, occupy or uƟlize the Property, except (if there are no excepƟons write "NONE"): .
Owner has not served any NoƟces of Default on any of the tenants of the Property which have not been resolved except (if there are no excepƟons write "NONE"):
.
10. Governmental Proceedings. Owner has no actual knowledge of any exisƟng or contemplated condemnaƟon, environmental, zoning, redevelopment agency plan or other land use regulaƟon proceedings which could detrimentally affect the value, use and operaƟon of the Property, except (if there are no excepƟons write
"NONE"): .
11. Unrecorded Title MaƩers. Owner has no actual knowledge of any encumbrances, covenants, condiƟons, restricƟons, easements, licenses, liens, charges or other maƩers which affect the Ɵtle of the Property that are not recorded in the official records of the county recorder where the Property is located, except (if there are no excepƟons write "NONE"): .
12. Leases. Owner has no actual knowledge of any leases, subleases or other tenancy agreements affecƟng the Property, except (if there are no excepƟons write "NONE"): .
13. OpƟons. Owner has no actual knowledge of any opƟons to purchase, rights of first refusal, rights of first offer or other similar agreements affecƟng the Property, except (if there are no excepƟons write "NONE"): .
14. Short Sale/Foreclosure. The ability of the Owner to complete a sale of the Property is conƟngent is not conƟngent upon obtaining the consent of one or more lendersto conduct a 'short sale', i.e. a sale for less that the amount owing on the Property. (This paragraph only needs to be completed if this Property InformaƟon Sheet is being completed in connecƟon with the proposed sale of the Property) One or more of any loans secured by the Property is is not in foreclosure.
15. Energy Efficiency. The Property has has not been granted an energy efficiency raƟng or cerƟficaƟon such as one from the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) or Seller/Lessor does not know if the Property has been granted such a raƟng or cerƟficate. Ifsuch a raƟng or cerƟficaƟon has been obtained please describe the raƟng or cerƟficaƟon and provide the name of the organizaƟon that granted it: .
16. Other. (It will be presumed that there are no addiƟonal items which warrant disclosure unless they are set forth herein): .
The statements herein will be relied upon by brokers, buyers, lessees, lenders and others. Therefore, Owner and/or the Owner's Property Manager has reviewed and modified this printed statement as necessary to accurately and completely state all the known material facts concerning the Property. To the extent such modificaƟons are not made, this statement may be relied upon as printed. This statement, however, shall not relieve a buyer or lessee of responsibility for independent invesƟgaƟon of the Property. Owner agrees to promptly noƟfy, in wriƟng, all appropriate parƟes of any material changes which may occur in the statements contained herein from the date this statement is signed unƟl Ɵtle to the Property is transferred, or the lease is executed. Signatures to this Statement accomplished by means of electronic signature or similar technology shall be legal and binding.
Date:
(fill in date of execuƟon)
OWNER
City of La Mesa
By:
Name Printed:
Title:
Buyer/lessee hereby acknowledges receipt of a copy of this Property InformaƟon Sheet on . (Fill in date received)
BUYER/LESSEE
By:
Name Printed:
Title:
AIR CRE * hƩps://www.aircre.com * 213-687-8777 * [email protected] NOTICE: No part of these works may be reproduced in any form without permission in wriƟng.
DATE: August 12, 2025
TO: Mayor and Members of the City Council
FROM: Lynnette Santos, Director of Community Development Kristen Flores, Management Analyst
VIA: Greg Humora, City Manager
SUBJECT: QUARTERLY PERMIT AND DEVELOPMENT UPDATE (APRIL 2025 – JUNE 2025)
The Quarterly Permit and Development Update shows how the City continues to meet its mission of providing high-quality public services through improvements to permit processes and turnaround times. This update covers permit activity—including applications and issued permits, as well as process improvements made between April and June 2025.
As part of ongoing efforts to educate, inform, and streamline the development process for applicants, the Community Development Department continues to regularly update the department’s webpage, including the Interactive Development Project Map. This map is updated monthly to provide key information about new projects and their status in the planning process. In addition, the MaintStar permitting map remains a valuable resource for those interested in viewing active or completed projects.
As shown in Table 1, development and construction activity increased during the second quarter of 2025 with 466 applications received and 432 permits issued. In the tables below, the 2nd Quarter covers April through June of 2025, and the 1st Quarter covers January through March of 2025.
Table 1 - Total Applications and Permits
Year Quarter Applications Issued Permits
2025 2nd Quarter 466 432
2025
1st Quarter 397 415
A summary of applications and issued permits since the first quarter of 2024 has been provided in Attachment A for comparative purposes.
Review and Processing Times
Community Development continues to see success with the MaintStar Permitting Portal along with the City’s instant solar permitting platform Symbium. Staff utilizes the MaintStar portal’s permit tracking system to track review timeframes of permit submittals. This system allows staff to track submittal dates, the number of reviews, and the length of each review.
Review and processing times for various projects continue to improve. Table 2 shows the average review and processing times for additions/alterations and miscellaneous projects in both the 1st and 2nd quarters of 2025. Since the 1st quarter, processing times for these permits have improved, while review times have either remained consistent or also shown improvement.
Table 2 - Review and Processing Times
Project Type Quarter -Year Average Time for
First Review
Average Processing Time
(Application to Approval)
Additions/Alterations
2nd Quarter - 2025 13 days 25 days
1st Quarter - 2025 15 days 27 days
Miscellaneous
2nd Quarter - 2025 4 days 7 days
1st Quarter - 2025 4 days 9 days
Solar
The use of instant solar permitting remains consistent with previous quarters. Out of 72 solar permits issued in the 2nd quarter, 47 permits were issued instantly via the Symbium platform. We continue to encourage the use of the instant permitting platform through the instant permitting portal from the solar permit webpage. Staff anticipates a continuous increase in Symbium submittals moving into the third quarter of 2025.
Processing and review times for standard (non-Symbium) solar submittals remained fairly consistent with the first quarter, showing only a one-day difference between the two quarters.
Table 3 – Review and Processing Times for Solar
Year Quarter Average Time for
First Review
Average Processing Time
(Application to Approval)
2025 2nd Quarter 5 days 15 days
2025 1st Quarter 4 days 14 days
Accessory Dwelling Units
Accessory Dwelling Unit (ADU) permit processing times have improved. As shown in Table 4, the average time from application to approval has decreased by 29%, from 64 days to 45 days. This improvement is the result of several ongoing efforts, including enhanced staff knowledge of state ADU laws, updates to application handouts, and increased use of the ADU guidebook by applicants. Additional process improvements are discussed below.
Table 4 – Review and Processing Times for Accessory Dwelling Units Year Quarter Average Time for
First Review
Average Processing Time
(Application to Approval)
2025 2nd Quarter 20 days 45 days
2025 1st Quarter 18 days 64 days
As reported in the first quarter update, the City implemented a Pre-approved ADU Plans program. The Pre-Approved Plans program provides five pre-approved ADU plans, available to the public via City’s ADU webpage. Staff will continue to work to develop and improve this program, which will further expedite the ADU application and permit issuance process.
Community Development continues to seek ways to improve customer service. As part of this effort, the department created a MaintStar portal survey that went live in January 2024. A link to the survey is provided to all applicants at the time of permit issuance but is also available directly from the portal. To date, the department has received 24 surveys, 21 of which have provided positive feedback towards both the permit portal and City staff. Three of the surveys received reported issues with using the system; however, no concerns were raised about in-person or online customer service. The team has been able to utilize survey feedback to implement system modifications to make the permitting process even easier and more streamlined for applicants. Staff will continue to explore ways to promote and incentivize survey participation in order to gather more feedback that can help guide further improvements.
Attachments:
1. Attachment A – Applications and Issued Permits By Permit Type
Attachment A – Applications and Issued Permits by Permit Type As shown in the tables above, both the number of applications and issued permits increased in the second quarter of 2025, with applications rising by 17% and permits by 4%. This rise in applications from the first to the second quarter was expected, based on similar trends observed in 2024. While issued permits fluctuate more between quarters, they consistently range between 400 and 450. Overall, the data indicates a seasonal decline toward the end of the year, with steady growth leading up to mid-year. Staff anticipates that this trend in both applications and permits will carry into the third quarter of 2025, as well.
Applications
Permit Type Q1 2024 Q2 2024 Q3 2024 Q4 2024 Q1 2025 Q2 2025 Accessory Dwelling Units 28 42 23 24 19 20
New Construction 6 10 6 6 6 9
Solar Photovoltaic 93 110 100 79 90 73
Alterations/Additions 82 111 121 99 98 115
Miscellaneous 194 196 218 172 184 248
Grading 0 0 2 1 0 1
Total 403 471 470 381 397 466
Issued Permits
Permit Type Q1 2024 Q2 2024 Q3 2024 Q4 2024 Q1 2025 Q2 2025 Accessory Dwelling Units 39 23 30 23 22 18
New Construction 11 10 1 5 10 10
Solar Photovoltaic 103 104 94 91 94 72
Alterations/Additions 84 92 113 110 101 105
Miscellaneous 193 178 205 191 187 225
Grading 0 0 2 5 1 2
Total 430 407 445 425 415 432
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: August 12, 2025
SUBJECT: RATIFICATION OF DESIGN REVIEW BOARD
APPROVAL OF PROJECT 2022-1599 QDOBA (CALI
QUESO CORP) 8303 PARKWAY DRIVE
DESCRIPTION: CONSIDERATION OF A RESOLUTION TO RATIFY
THE RECOMMENDATION OF THE DESIGN REVIEW
BOARD TO APPROVE PROJECT 2022-1599 (CALI
QUESO CORP) – DESIGN REVIEW FOR A DRIVETHRU RESTAURANT AT 8303 PARKWAY DRIVE, APN 490-592-04-00 AND 490-592-02-00 IN THE C-G-D
(GENERAL COMMERCIAL/ GROSSMONT OVERLAY/
URBAN DESIGN OVERLAY) ZONE
ISSUING DEPARTMENT: Community Development
SUMMARY:
Issues:
Does the proposed design meet the intent of the Urban Design Program policies and the Grossmont Specific Plan?
Recommendation:
Staff recommends that the City Council ratify the Design Review Board (“DRB”) approval of Project 2022-1599
Fiscal Impact:
There is no impact to the General Fund related to this project. The City’s policy is to recover 100% of the cost of staff time through application processing fees.
Report to Mayor and Councilmembers
Date: August 12, 2025
Page: 2 of 5
City’s Strategic Goals:
Promote a high quality of life that current and future generations can afford to call home.
Environmental Review:
This project has been determined to be Categorically Exempt from environmental review pursuant to California Environmental Quality Act (“CEQA”) Guidelines Section 15303.
Climate Action Plan Reduction Strategy:
U-1: Increase Urban Forest Canopy Cover
BACKGROUND:
The 0.39 project site is comprised of two lots located at 8303 Parkway Drive, bounded by Jackson Drive to the west, Parkway Drive to the north, and Fletcher Parkway to the south as seen on the vicinity map. The lot is triangular and resembles the shape of a tear drop.
The property is currently developed with a vacant commercial building and associated parking lot. A City of San Diego water main pipeline runs underneath the project site, and a City of San Diego no-build easement is located on the entirety of the southern property for the existing water main pipeline. The City of San Diego has reviewed the project and issued a letter approving the conceptual design. The applicant is also required to enter into an Encroachment Maintenance and Removal Agreement (“EMRA”) with the City of San Diego for any proposed work within the City of San Diego easement, following project approval by the City of La Mesa. An ERMA with the City of La Mesa will also be required for the installation and maintenance of all proposed landscaping within the City’s right-ofway.
Existing right-of-way improvements along Parkway Drive and Jackson Drive include sidewalks, curbs, gutters, streetlights, traffic signals, and two curb openings. Along Fletcher Parkway, improvements include curbs, gutters, streetlights, and a large, landscaped area. Photos of the project site are provided as Attachment B.
Report to Mayor and Councilmembers
Date: August 12, 2025
Page: 3 of 5
Zoning for the project site is C-G-D (General Commercial/ Grossmont Specific Plan Overlay/ Urban Design Overlay) zone, and the General Plan planned land use designation is Regional Serving Commercial. General Commercial zoning is generally applied along major streets and in shopping centers and provides areas in which all types of retail businesses, offices, and services can be conducted. Surrounding development includes commercial uses and shopping centers to the north, southeast, and west. For reference, a Vicinity Map and Zoning Map have been included to provide context for the project location and applicable zoning designations.
The Grossmont Specific Plan states that all new projects within the Specific Plan area requires Site Development Plan review by the Planning Commission and Design Review through the DRB and City Council. The Grossmont Specific Plan and the City’s Urban Design Program prescribe urban design principles to new projects that are located within the subject overlay zones.
On May 12, 2025, the DRB reviewed the application and unanimously approved the project, with conditions (Attachment C). On June 23, 2025, a staff report and Notice of Decision for the lot consolidation was posted for public review. After five (5) calendar days, the Community Development Director considered the staff report and public comments received and approved the lot consolidation (Attachment D). On July 16, 2025, the Planning Commission reviewed and adopted Resolution PC-2025-14 unanimously approving the project, subject to conditions of approval (Attachment E).
Report to Mayor and Councilmembers
Date: August 12, 2025
Page: 4 of 5
DISCUSSION:
The Applicant proposes to demolish existing on-site improvements to construct a onestory, 1,903 square foot drive-thru restaurant, with a new parking lot, paving, and pedestrian access as shown on the project plans provided as Attachment F. A color and materials board is included as Attachment G.
The Urban Design Program identifies the portion of Fletcher Parkway along the project site as one of four major circulation corridors in the City. The intersection adjacent to the project site is identified as a node—a key point in the city that draws attention and serves as a focal area for movement and activity. The purpose of the Urban Design Program is to provide clear guidelines that assist both the DRB and project applicants in achieving consistent, high-quality site and architectural design. These guidelines help ensure a minimum standard of design excellence.
Similarly, the Grossmont Specific Plan includes special urban design principles for projects within the Specific Plan area to support projects to exhibit superior design principles in both site and architectural design for this key commercial node in the City.
In alignment with the Urban Design Program and the Grossmont Specific Plan, the project supports these goals by:
Positioning the building near the prominent intersection to emphasize its presence; Locating parking areas away from the intersection to reduce visual impact; Enhancing the right-of-way with landscaping that both screens views and improves the character of the streetscape. (Subject to an executed ERMA with the City of La Mesa); and
Incorporating a variety of colors and materials, as well as varied rooflines and canopies on all building elevations to create visual interest and architectural richness.
The DRB considered the project and concluded that the project’s design meets the expected standards of the Urban Design Program and Grossmont Specific Plan design guidelines with the following conditions:
1. The Applicant shall install and maintain all landscaping as noted on plans stamped received by the City on April 1, 2025, and as outlined in the City of La Mesa Encroachment Removal Maintenance Agreement (“EMRA”).
2. The Applicant shall replace the Canary Island Pine trees adjacent to the street on Fletcher Parkway with Jacaranda trees subject to Public Works approval.
Report to Mayor and Councilmembers
Date: August 12, 2025
Page: 5 of 5
For further analysis of the site design and architectural design considered by the DRB, the DRB staff report is provided as Attachment H.
The Planning Commission determined that the project complies with development standards of the C zone, including, but not limited to, setbacks, height, and parking. To address potential impacts from changes to internal circulation and a drive thru use at this location, the applicant submitted a queuing analysis. As part of the approval process, and in agreement with the applicant/owner, the Planning Commission included a condition in Resolution PC-2025-14 (Attachment E) which authorizes the City to require changes to the site’s internal circulation, at the sole expense of the owner/operator, if the City Engineer determines that on-site queuing is significantly impacting traffic flow or public safety.
CONCLUSION:
Staff recommends the City Council ratify the DRB approval of Project 2022-1599.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Lynnette Santos
City Manager Director of Community Development
Attachments:
A. Draft Resolution ratifying the DRB Approval
B. Site Photographs
C. DRB Certificate of Action
D. Notice of Decision NOD-2025-05
E. Resolution No. PC-2025-14
F. Project Plans
G. Color and Materials Board
H. May 12, 2025, DRB Staff Report
RESOLUTION NO. 2025-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA TO RATIFY
THE RECOMMENDATION OF THE DESIGN REVIEW BOARD TO APPROVE PROJECT 2022-1599 (CALI QUESO CORP) – DESIGN REVIEW OF A DRIVETHRU QDOBA RESTAURANT LOCATED AT 8303 PARKWAY DRIVE, APN 490- 592-04-00 AND 490-592-02-00 IN THE C-G-D (GENERAL COMMERCIAL/
GROSSMONT OVERLAY/ URBAN DESIGN OVERLAY) ZONE
WHEREAS, project applicant, Cali Queso Corp, proposes to construct a one-story, 1,903 square foot drive-thru restaurant located at 8303 Parkway Drive (APN 490-592-04-00 and 490- 592-02-00) in the C-G-D (General Commercial/Grossmont Specific Plan Overlay/Urban Design Overlay) zone (“Project”);
WHEREAS, the Grossmont Specific Plan states that all new projects within the Specific Plan area require Design Review through the Design Review Board and City Council; WHEREAS, the Design Review Board did receive and consider a staff report on the proposed project;
WHEREAS, the Design Review Board did hold a duly noticed public meeting on May 12, 2025, and accepted public testimony in considering Project 2022-1599; WHEREAS, on May 12, 2025, the Design Review Board determined that the project met the intent and purpose of the Grossmont Specific Plan and the La Mesa Urban Design Program and issued a Certificate of Action recommending approval of the project; WHEREAS, the City Council did receive and consider a staff report on the proposed project; and
WHEREAS, the City Council of the City of La Mesa did hold a duly noticed public meeting on August 12, 2025, and accepted public testimony in considering Project 2022-1599.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
1. The proposed project meets the intent and purpose of the Grossmont Specific Plan and the La Mesa Urban Design Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Mesa, California, as follows:
1. The foregoing findings of fact and determinations are true and hereby made a part hereof.
2. The foregoing findings of fact and determinations are supported by the staff report, minutes, plans, and exhibits, all of which are herein incorporated by reference.
3. The City Council ratifies the Design Review Board Certificate of Action (Exhibit A).
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa,
California, held the 12th day of August 2025, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, CMC, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be true and exact copy of Resolution No. 2025-xx, 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)
Exhibit A
ATTACHMENT C
July 9, 2025
Karan Gogri - Owner and Operator July 9, 2025
N VICINITY MAP TM N KEY PLAN ABBREVIATIONS ℄ ### DESCRIPTION #'-#" #### # # # ### ### ### ### SYMBOL LEGEND ##-# ## PROJECT TEAM DIRECTORY CONSTRUCTION PHASE NOTE ARCHITECT'S DESIGN WITHOUT CONSTRUCTION PHASE SERVICES CRITICAL PLUMBING NOTE SHEET INDEX BUILDING CODES: CODE / BUILDING INFORMATION LOCATED AT: A RESTAURANT PROJECT FOR: CALI QUESO CORP. 8303 Parkway Drive La Mesa, CA 91942 COMPACT COMPACT TRASH TRASH T T T T T T T T COMM. TBL-TALL COMPACT COMPACT COMPACT COMPACT COMPACT COMPACT TM ©SITE INFORMATION ADDRESS: DRAWN BY: SCALE: PROJECT #: QME #: RG/KB 21-036 P.M. UPDATES: RELEASE: SUBMITTAL DATE: PERMIT/BID: CONSTRUCTION: REVISIONS DATES 1: 2: 3: --03/17/2022 05/11/2022 06/09/2022 11/03/2023 - 1 OCT 11, 2024 ----2024.01.04 - Health Lingle Design Group inc 158 W. Main St. Lena, IL 61048 815.369.9155 1764 BLAKE ST. DENVER, CO 80202 303.974.5873 www.lingledesign.com 003039 8303 Parkway Drive La Mesa, CA 91942 4: 12/09/2022 5: 03/17/2023 6: 04/19/2023 7: 06/15/2023 8: 07/27/2023 SEP 30, 2025 9: 10/11/2024 TITLE SHEET TS1.0 Page 83 of 266 407 SQ. FT. 1211 SQ. FT. 110 SQ. FT. 317 SQ. FT. 256 SQ. FT. 113 SQ. FT. 10369 SQ. FT. COMPACT COMPACT N 46° 51' 47" E 91.71'
N 76° 21' 15" E 41.03'
N 76° 21' 15" E 146.90'
N 20° 37' 48" W 29.73'
L=33.33' R=49.91' Δ=38°15'48" L=61.18' R=50.00' Δ=70°06'07" L=42.32' R=25.00' Δ=96°59'03"
L=118.38'
R=230.00'
Δ=29°29'28"
EC
ETR
ETR
TRC
ETR
S 51° 00' 17" E 189.80'
WV
COMPACT
COMPACT
COMPACT
COMPACT
COMPACT
COMPACT
DRIVE THRU N ARCHITECTURAL SITE PLAN Scale: 1"=10'-0" SITE PLAN GENERAL NOTES SITE PLAN KEY NOTES 12345678910111213141516171819202122232425262728293031323334353637383940 SD1.1 16 P4 P5 P4 P4 P4 PARKING & LANDSCAPE CALCULATIONS Interior Parking Area = 10369 SQ. FT. 10% of Interior Parking = 1037 SQ. FT. Proposed Interior Landscaping, Located Inside Property Line = 2008 SQ. FT. Required Landscaping For Off-Street Parking Areas, per City of La Mesa's Parking Standards, Located Within City Right-of-Way = 3425 SQ. FT. Additional Landscaping and Irrigation Area, Located Wtihin City Right-of-Way = 14150 SQ. FT. Parking Calculations: Required: 1 for each 250 s.f. GLA, exclusive of the dining area, plus 1 for each 3 persons seating capacity in the dining room 1231 s.f./ 250 = 5 (4.924) 32 seats/ 3 = 11 Total = 16 Provided: 8 Standard + 8 Compact = 16 Stalls TABLE 11B-208.2 1 ADA (1:25) OD UC UC UC UC UC PARKWAY DRIVE FLETCHER PKWY JACKSON DRIVE 3 4 4 4 4 5 6 7 7 8 8 8 9 9 9 10 10 10 11 9 2 2 2 14 14 14 14 13 13 15 15 15 1 16 15 14 14 14 17 17 17 17 18 18 18 18 19 19 19 36 32 21 22 23 10 3 3 28 25 25 25 25 25 14 10 34 21 24 23 3112 Photometric Lighting Schedule Statistics Description Symbol Avg Max Min Max/Min Avg/Min Property Light Spill Levels 0.1 fc 2.2 fc 0.0 fc N/A N/A Property Line Light Levels 0.6 fc 2.7 fc 0.0 fc N/A N/A Parking Lot Light Levels 1.8 fc 8.2 fc 0.1 fc 82.0:1 18.0:1 Symbol Label Quantity Catalog Number Description Lamp Wattage P4 3 DSX1-LED-P1-40K- 70CRI-T4LG Single Head Lithonia Lighting DSX1 D-Series Size1 Area LED Luminaire w/Type 4 Low Glare Optics and P1 Performance Package (20ft. Pole Height w/3ft. Concrete Base) LED/4000K (B1-U0-G1) 50.9 P5 1 DSX1-LED-P1-40K- 70CRI-T5LG Single Head Lithonia Lighting DSX1 D-Series Size1 Area LED Luminaire w/Type 5 Low Glare Optics and P1 Performance Package (20ft. Pole Height w/3ft. Concrete Base) LED/4000K (B3-U0-G1) 50.9 OD 1 XTOR1B-W Cooper Lighting Solutions Lumark Crosstour Series 12w Wall Mounted Overdoor LED Wall Sconce Unit (9ft. Fixture Mounting Height) LED/4000K (B1-U0-G0) 12.2 ODp 1 XTOR3B-W Cooper Lighting Solutions Lumark Crosstour Series 25w Pole Mounted LED Wall Sconce Unit (20ft. Pole Height w/3ft. Concrete Base) LED/4000K (B1-U0-G0) 25.5 UC 5 V120-SO-4000K GM Lighting Vision 120 Series Linear Under Canopy LED Tape Lighting (76 Total Linear FT) LED/4000K (3w per FT) 2.97786 37 13 13 10 26 38 38 39 110 SQ. FT. 1211 SQ. FT. 317 SQ. FT. 256 SQ. FT. 113 SQ. FT. 40 4 27 30 31 33 33 27 29 6 TM ©SITE INFORMATION ADDRESS: DRAWN BY: SCALE: PROJECT #: QME #: RG/KB 21-036 P.M. UPDATES: RELEASE: SUBMITTAL DATE: PERMIT/BID: CONSTRUCTION: REVISIONS DATES 1: 2: 3: --03/17/2022 05/11/2022 06/09/2022 11/03/2023 - 1 FEB 24, 2025 ---2024.01.04 - Health Lingle Design Group inc 158 W. Main St. Lena, IL 61048 815.369.9155 1764 BLAKE ST. DENVER, CO 80202 303.974.5873 www.lingledesign.com 003039 8303 Parkway Drive La Mesa, CA 91942 4: 12/09/2022 5: 03/17/2023 6: 04/19/2023 7: 06/15/2023 8: 07/27/2023 SEP 30, 2025 10: 02/24/2025 9: 10/11/2024 ARCHITECTURAL SITE PLAN SD1.0 Page 84 of 266 ENLARGED DRIVE THRU EQUIPMENT PLAN SCALE 1/4"=1'-0" 16 DRIVE THRU EQUIPMENT PLAN KEY NOTES 1234 CLEARANCE 9'-2" MEXICAN EATS CLEARANCE BAR DETAIL 14 SCALE 1/2"=1'-0" DRIVE THRU CONDUIT SCHEMATIC 19 N.T.S. DRIVE THRU CONDUIT SCHEMATIC SINGLE WINDOW WIRELESS BASE STATION WITH WIRED BACK UP AND TIMER STUB ABOVE CEILING SERVICE WINDOW 2 54 6 3 1 36" COUNTER HT SVC LOOP AC PWR PANEL SPKR POST MENU LOOP LOCATIONS "J" BOXES HT FROM FLOOR 1 4" X 4' OUTSIDE ACCESS BELOW COUNTER 2 2" x 4" WIRELESS BASE 80" 3 2" x 4" SVC WINDOW JUNCTION BELOW COUNTER 4 2" x 4" WIRED INTERCOM 54" 5 2" x 4" TIMER 66" 6 2" x 4" SVC WINDOW LOOP BELOW COUNTER ALL INTERNAL CONDUITS = 3/4" LOCATIONS ARE TO SCALE IN HEIGHT ONLY. FLOOR PLAN DETERMINES LATERAL LOCATION. AUDIO CANNOT SHARE DATA OR POWER CONDUIT. 3 DUPLEX OUTLETS REQ'D 4" SEPARATION WIRELESS BASE WIRED INTERCOM TIMER 3/4" AC POWER 3/4" OCB DATA CABLE 1.0" AUDIO CABLES 3/4" LOOP HMECustomer Driven DRIVE THRU COMPACT COMPACT COMPACT COMPACT COMPACT COMPACT 3 1 4 4 2 PRELIMINARY NOT FOR CONSTRUCTION TM ©SITE INFORMATION ADDRESS: DRAWN BY: SCALE: PROJECT #: QME #: RG/KB 21-036 P.M. UPDATES: RELEASE: SUBMITTAL DATE: BID: CONSTRUCTION: REVISIONS DATES 1: 2: 3: --03/17/2022 05/11/2022 06/09/2022 -- ------ Lingle Design Group inc 158 W. Main St. Lena, IL 61048 815.369.9155 1764 BLAKE ST. DENVER, CO 80202 303.974.5873 www.lingledesign.com 003039 8303 Parkway Drive La Mesa, CA 91942 4: 12/09/2022 - 5: 03/17/2023 6: 04/19/2023 7: 06/15/2023 ENLARGED DRIVE THRU EQUIPMENT PLAN SD1.1 Page 85 of 266 PRE-MENU BOARD DETAIL N.T.S. 6 MENU BOARD ORDER POINT WITH CANOPY DETAIL N.T.S. 13 DIRECTIONAL SIGN DETAIL N.T.S. 18 PRELIMINARY NOT FOR CONSTRUCTION TM ©SITE INFORMATION ADDRESS: DRAWN BY: SCALE: PROJECT #: QME #: RG/KB 21-036 P.M. UPDATES: RELEASE: SUBMITTAL DATE: BID: CONSTRUCTION: REVISIONS DATES 1: 2: 3: --03/17/2022 05/11/2022 06/09/2022 -- ------ Lingle Design Group inc 158 W. Main St. Lena, IL 61048 815.369.9155 1764 BLAKE ST. DENVER, CO 80202 303.974.5873 www.lingledesign.com 003039 8303 Parkway Drive La Mesa, CA 91942 4: 12/09/2022 - 5: 03/17/2023 6: 04/19/2023 7: 06/15/2023 DRIVE THRU EQUIPMENT DETAILS SD1.2 Page 86 of 266 SD2.0 14 Scale: 1/4"=1'-0" DUMPSTER PLAN/ FACE MOUNTED GATE 9 Scale: 1/4"=1'-0" FRONT ELEVATION 14 WD-1 WD-1 PN3 CULTERED STONE - ELDORADO STONE - LEDGE CUT 33 - BEACH PEBBLE EIFS - DRYVIT, STOCORP, OR APPROVED EQUAL - QDOBA COOL GRAY PAINT - QDOBA COOL GRAY - PANTONE PMS 413 C - BM GRAY HORSE 2140-50 CS1 EF1 PN4 Scale: 1/4"=1'-0" SIDE ELEVATION Scale: 1/4"=1'-0" 20 REAR ELEVATION 19 KEY NOTES 12345678 SD2.0 20 SD2.0 19 12 PAINT - QDOBA BLACK PN3 - BM BLACK 2132-10 LEGEND 43 SD2.0 20 CS1 EF15PN3 6 3 3 2 2 2 CS1 EF15PN3 CS1 EF1 5PN3 2 7 7 7 PN3 PN3 PRELIMINARY NOT FOR CONSTRUCTION TM ©SITE INFORMATION ADDRESS: DRAWN BY: SCALE: PROJECT #: QME #: RG/KB 21-036 P.M. UPDATES: RELEASE: SUBMITTAL DATE: BID: CONSTRUCTION: REVISIONS DATES 1: 2: 3: --03/17/2022 05/11/2022 06/09/2022 -- ------ Lingle Design Group inc 158 W. Main St. Lena, IL 61048 815.369.9155 1764 BLAKE ST. DENVER, CO 80202 303.974.5873 www.lingledesign.com 003039 8303 Parkway Drive La Mesa, CA 91942 4: 12/09/2022 - 5: 03/17/2023 6: 04/19/2023 7: 06/15/2023 DUMPSTER PLAN & ELEVATIONS SD2.0 Page 87 of 266 TRASH TRASH T T T T T T T T COMM. TBL-TALL LEGEND N CODE ACCESSIBILITY / REFERENCE PLAN Scale: 1/4"=1'-0" TYPICAL ACCESSIBILITY DETAILS (CALIFORNIA) GENERAL NOTES Scale: 1/2" = 1'-0" EXIT SIGNAGE DETAIL 20 ACCESSIBLE SIGNAGE NOTES PLAN CODED NOTES REQUIRED EGRESS WIDTH CALCULATED OCCUPANCY LOAD: ASSEMBLY AREAS TOTAL CALCULATED OCCUPANT LOAD ACTUAL SEAT COUNT RESTROOM PLUMBING FIXTURES COOKING AREA 103 OFFICE 108 WALK-IN COOLER 107 SERVICE AREA 102 PREP AREA 104 CLEANING AREA 106 PRESENT BOOTH 113 1 DINING 101 HALL 111 GENDER NEUTRAL RESTROOM 109 GENDER NEUTRAL RESTROOM 110 STORAGE AREA 105 TOTAL TRAVEL DISTANCE: 58'-3"
(MAX TRAVEL DISTANCE: 75'-0") TOTAL TRAVEL DISTANCE: 55'-6" (MAX TRAVEL DISTANCE: 75'-0") T PRELIMINARY NOT FOR CONSTRUCTION TM ©SITE INFORMATION ADDRESS: DRAWN BY: SCALE: PROJECT #: QME #: RG/KB 21-036 P.M. UPDATES: RELEASE: SUBMITTAL DATE: BID: CONSTRUCTION: REVISIONS DATES 1: 2: 3: --03/17/2022 05/11/2022 06/09/2022 -- ------ Lingle Design Group inc 158 W. Main St. Lena, IL 61048 815.369.9155 1764 BLAKE ST. DENVER, CO 80202 303.974.5873 www.lingledesign.com 003039 8303 Parkway Drive La Mesa, CA 91942 4: 12/09/2022 - 5: 03/17/2023 6: 04/19/2023 7: 06/15/2023 CODE/ ACCESSIBILITY REFERENCE PLAN G1.0 Page 88 of 266 N ROOF PLAN Scale: 1/4"=1'-0" ROOF PLAN KEY NOTES 12345678910 GENERAL ROOF PLAN NOTES Scale: N.T.S. ROOFING SYSTEM 1 T.O. PARAPET 19'-6" A.F.F. T.O. PARAPET 18'-0" A.F.F. T.O. PARAPET 19'-6" A.F.F. T.O. PARAPET 19'-6" A.F.F. T.O. PARAPET 18'-0" A.F.F. T.O. PARAPET 18'-0" A.F.F. T.O. PARAPET 19'-6" A.F.F. T.O. PARAPET 19'-6" A.F.F. 150'-0" 6'-0" SIGHT LINE Scale: 1/16" = 1'-0" 2 RTU MAU EF
19'-6" T.O. PARAPET 518'-6" A.F.F. T.O. FF 499'-0" A.F.F. T.O. AVG. GRADE 497'-0" A.F.F.T 150'-0" 6'-0" SIGHT LINE Scale: 1/16" = 1'-0" 3 RTU RTU
18'-0" T.O. AVG. GRADE 497'-0" A.F.F. T.O. FF 499'-0" A.F.F. T.O. PARAPET 517'-0" A.F.F. PRELIMINARY NOT FOR CONSTRUCTION TM ©SITE INFORMATION ADDRESS: DRAWN BY: SCALE: PROJECT #: QME #: RG/KB 21-036 P.M. UPDATES: RELEASE: SUBMITTAL DATE: BID: CONSTRUCTION: REVISIONS DATES 1: 2: 3: --03/17/2022 05/11/2022 06/09/2022 -- ------ Lingle Design Group inc 158 W. Main St. Lena, IL 61048 815.369.9155 1764 BLAKE ST. DENVER, CO 80202 303.974.5873 www.lingledesign.com 003039 8303 Parkway Drive La Mesa, CA 91942 4: 12/09/2022 - 5: 03/17/2023 6: 04/19/2023 7: 06/15/2023 ROOF PLAN A3.0 Page 89 of 266 Scale: 1/4" = 1'-0" EAST ELEVATION (FRONT) 1 Scale: 1/4" = 1'-0" NORTH ELEVATION (SIDE) 11 Scale: 1/4" = 1'-0" WEST ELEVATION (REAR) 3 Scale: 1/4" = 1'-0" SOUTH ELEVATION (SIDE) 16 ELEVATION 0'-0" A.F.F. T.O. STOREFRONT B.O. CANOPY 10'-0" A.F.F. T.O. PARAPET 19'-6" A.F.F. T.O. PARAPET 19'-6" A.F.F. T.O. PARAPET 18'-0" A.F.F. ELEVATION 0'-0" A.F.F. T.O. STOREFRONT B.O. CANOPY 10'-0" A.F.F. T.O. PARAPET 19'-6" A.F.F. ELEVATION 0'-0" A.F.F. T.O. STOREFRONT B.O. CANOPY 10'-0" A.F.F. T.O. PARAPET 19'-6" A.F.F. T.O. PARAPET 18'-0" A.F.F. ELEVATION 0'-0" A.F.F. T.O. PARAPET 18'-0" A.F.F. B.O. CANOPY 10'-0" A.F.F. B.O. TRELLIS 8'-0" A.F.F. T.O. SILL 3'-0" A.F.F. ELEVATION 0'-0" A.F.F. T.O. STOREFRONT B.O. CANOPY 10'-0" A.F.F. T.O. PARAPET 19'-6" A.F.F. T.O. PARAPET 18'-0" A.F.F. T.O. STOREFRONT 8'-0" A.F.F. T.O. SILL 3'-0" A.F.F. ELEVATION 0'-0" A.F.F. T.O. PARAPET 19'-6" A.F.F. T.O. PARAPET 17'-6" A.F.F. MEXICAN EATS WM-22 (37.5 S/F) KEY NOTES 12345 2 2 2 3 CULTERED STONE - ELDORADO STONE - LEDGE CUT 33 - BEACH PEBBLE EIFS - DRYVIT, STOCORP, OR APPROVED EQUAL - QDOBA COOL GRAY THIN BRICK - LOCAL SUPPLIER - THIN BRICK - PAINT QDOBA COOL GRAY NICHIHA - ILLUMINATION PANEL - FINISH QDOBA BLUE (PN2) PAINT - QDOBA COOL GRAY - PANTONE PMS 413 C - BM GRAY HORSE 2140-50 PAINT - QDOBA BLACK - BM BLACK 2132-10 PAINT - QDOBA BLUE - PANTONE PMS 7708 C - BM CARIBBEAN AZURE 2059-20 PAINT - QDOBA ORANGE - PANTONE PMS 1375 C - BM ORANGE SKY 2018-10 1 2 22 3 4 5 5 2 3 5 2 2 5 NICHIHA - ARCHITECTURAL WALL PANEL - RIFTSAWN WOOD SERIES CHESTNUT WOOD T 3 COMPOSITE WOOD - TREX - SADDLE 5 3 3 2 3 MEXICAN EATS WM-18 (25.9 S/F) 1 Scale: 1/4" = 1'-0" NORTHEAST ELEVATION (CHAMFERED CORNER) 19 1 1 ELEVATION 0'-0" A.F.F. T.O. STOREFRONT B.O. CANOPY 10'-0" A.F.F. T.O. PARAPET 19'-6" A.F.F. AP2 BR1 PN3 PN3 PN1 PN3 PN4 CS1 EF1 BR1 AP1 CW1 PN4 PN3 PN2 PN1 EF1 EF1 BR1 AP1 AP1 PN3 PN3 PN1 PN4 PN3 AP2 BR1 AP2 AP1 PN3 AP2 CS1 BR1 EF1 PN4 PN3 PN3 CW1 AP2 CS1 BR1 CW1 PN3 PN3 EF1 PN4PN3 CS1 CS1 AP1 AP2 PN4 AP2 AP2 AP2 AP1 AP1 PN3 AP2 AP1 MEXICAN EATS WM-22 (37.5 S/F) MEXICAN EATS WM-18 (25.9 S/F) PRIMARY SIGNS SECONDARY SIGN TM CLV-22 (23.1 S/F) CS1 CS1 CS1 5 5 5 TM CLV-22 (23.1 S/F) 1 MEXICAN EATS WM-18 (25.9 S/F) 1 MEXICAN EATS WM-18 (25.9 S/F) PRELIMINARY NOT FOR CONSTRUCTION TM ©SITE INFORMATION ADDRESS: DRAWN BY: SCALE: PROJECT #: QME #:000000 8303 Parkway Drive La Mesa, CA 91942 RG21-036 P.M. UPDATES: RELEASE: SUBMITTAL DATE: BID: CONSTRUCTION: REVISIONS DATES 1: 2: 3: --10/27/2021 ---- ------ Lingle Design Group inc 158 W. Main St. Lena, IL 61048 815.369.9155 1764 BLAKE ST. DENVER, CO 80202 303.974.5873 www.lingledesign.com EXTERIOR ELEVATIONS A4.0 Page 90 of 266 BUILDING SECTION Scale: 3/8":1'-0"
6 BUILDING SECTION Scale: 3/8":1'-0" 16
T ELEVATION 0'-0" A.F.F. T.O. PARAPET 19'-6" A.F.F. B.O. TRELLIS 10'-0" A.F.F. B.O. TRELLIS 10'-0" A.F.F. T.O. SILL 3'-0" A.F.F. T.O. PARAPET 18'-0" A.F.F.
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PRELIMINARY NOT FOR CONSTRUCTION TM
©SITE INFORMATION ADDRESS: DRAWN BY: SCALE: PROJECT #: QME #: RG/KB 21-036 P.M. UPDATES: RELEASE: SUBMITTAL DATE: BID: CONSTRUCTION: REVISIONS DATES 1: 2: 3:
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ATTACHMENT E Page 101 of 266
REPORT to the LA MESA DESIGN REVIEW BOARD
DATE: May 12, 2025
SUBJECT: PROJECT NUMBER 2022-1599 (CALI QUESO CORP) –
DESIGN REVIEW CONSIDERATION FOR A DRIVETHRU RESTAURANT AT 8303 PARKWAY DRIVE, APN 490-592-04-00 AND 490-592-02-00 IN THE C-G-D
(GENERAL COMMERCIAL/ GROSSMONT OVERLAY/
URBAN DESIGN OVERLAY) ZONE
ISSUING DEPARTMENT: Community Development
SUMMARY:
Issue(s):
Does the proposed design meet the intent of the Urban Design Program policies and the Grossmont Specific Plan?
Recommendation:
Staff recommends that the Design Review Board approve the project, subject to City Council ratification (Attachment A).
BACKGROUND:
The 0.39 project site is comprised of two lots located at 8303 Parkway Drive, bounded by Jackson Drive to the west, Parkway Drive to the north, and Fletcher Parkway to the south as seen on the vicinity map. The lot is triangular and resembles the shape of a tear drop.
The property is currently developed with a vacant commercial building and associated parking lot. A City of San Diego water main pipeline runs underneath the project site, and a City of San Diego no-build easement is located on the entirety of the southern property for the existing water main pipeline. The City of San Diego has reviewed the project and provided a letter noting their approval of the conceptual design (Attachment B). In order to build within the easement, the City of San Diego will require that an Encroachment Maintenance Removal Agreement (EMRA) be executed upon project approval by the City of La Mesa. Existing right-of-way improvements along Parkway Drive and Jackson Drive include sidewalk, curb, gutter, streetlights, traffic stoplights, and two curb openings. RightPage 102 of 266 Report to Design Review Board Project No. 2022-1599 (CALI QUESO CORP) Date: May 12, 2025 Page: 2 of 7
of-way improvements along Fletcher Parkway include curb, gutter, streetlights, and a large, landscaped area. Photos of the project site are provided as Attachment C.
Zoning for the project site is C-G-D (General Commercial/ Grossmont Specific Plan Overlay/ Urban Design Overlay) zone, and the General Plan planned land use designation is Regional Serving Commercial. General Commercial zoning is generally applied along major streets and in shopping centers and provides areas in which all types of retail businesses, offices, and services can be conducted. Surrounding development includes commercial uses and shopping centers to the north, southeast, and west.
The Grossmont Specific Plan states that all new projects within the Specific Plan area requires Site Development Plan review by the Planning Commission and Design Review through the Design Review Board and City Council. The Grossmont Specific Plan and the City’s Urban Design Program prescribe urban design principles to new projects that are located within the subject overlay zones. Project entitlement consists of Site Development Plan review by the Planning Commission, Lot Consolidation review by the Director of Community Development, and Design Review by the Design Review Board, subject to City Council ratification.
DISCUSSION:
The property owner (Applicant) proposes to demolish existing on-site improvements to construct a one-story, 1,903 square foot (s.f.) drive-thru restaurant, with a new parking lot, paving, and pedestrian access as shown on the project plans provided as Attachment D. A color and materials board is included as Attachment E. It appears that the project
Report to Design Review Board Project No. 2022-1599 (CALI QUESO CORP) Date: May 12, 2025 Page: 3 of 7
meets underlying development standards of the C zone, including but not limited to setbacks, height, and parking. Additionally, the Applicant provided the City with written consent from the City of San Diego verifying that the proposed site design and improvements across their easements is permitted.
The intent of the Urban Design Program is to use the guidelines as an instrument to give direction and support to the Design Review Board and the Applicant in their designs and assure a minimum level of design quality for site design and architectural design. The Urban Design Program’s Community Image Diagram designates the intersection located adjacent to the project site as a node, a strategic spot in the city into which an observer can enter, and which are the intensive foci to and from which they are traveling. The Urban Design Program also identifies the portion of Fletcher Parkway along the project site as one of four major circulation corridors in the City.
Similarly, the Grossmont Specific Plan includes special urban design principles for projects within the Specific Plan area to support projects to exhibit superior design principles in both site and architectural design for this key commercial node in the City.
The project appears to meet the intent of both the Urban Design Program and Grossmont Overlay Zone through the project’s site design and architectural design as further discussed below.
URBAN DESIGN PROGRAM SITE DESIGN GUIDELINES
Site Design
The Urban Design Program finds that building location and orientation, buffering and screening, circulation, refuse considerations, and lighting all contribute to a desirable site design for commercial projects. The proposed project meets these considerations as follows:
The project meets guidelines for building orientation and location by siting the building near the street, and the major intersection, rather than behind the parking lot. The building is setback approximately 12 – 15 feet away from the north and west property lines, with the drive-thru portion located within the setback. The parking lot is proposed along the southeast portion of the site, further from the intersection.
The project will be buffered by landscaping along the perimeter of the site. This meets the Urban Design Program by creating a buffer to separate the vehicular circulation from the pedestrian circulation within the right-of-way. Within the project site, handicap accessible walkways are included and provide connection from the street and the parking lot to the entrance of the building. Signs and painted arrows will provide patrons clearly defined directions for vehicular and pedestrian movements through the site. Clearly defined circulation patterns meet the Urban
Report to Design Review Board Project No. 2022-1599 (CALI QUESO CORP) Date: May 12, 2025 Page: 4 of 7
Design Program by addressing pedestrian requirements and needs. The refuse container meets the requirements of the Urban Design Program by locating it away from the public street and building entrance and screening it with materials that are compatible with the building exterior. Exterior lighting was also considered as part of the architectural and landscape concept of the project. A combination of pole lights and wall packs are proposed on the site to illuminate building and sight entrances, walkways, and parking areas, and other areas of the site to enhance the building design and landscaping as well as provide for safety and security. The area lighting is predominantly downdirected and shielded which assists in avoiding glare or adverse spill-over of light off the site. The lighting plan and lighting fixture cut sheets are provided as Attachment F.
These considerations will reinforce and strengthen the streetscape, creating a pleasing transition that will provide for safer and more attractive walkways, parking and planting.
Landscape Design
A total of 20,401 s.f. of landscaping is proposed for the project, with 3,006 s.f. of landscaping located within the property lines (private property) and 17,395 s.f. of landscaping located within the public right-of-way. The applicant would be responsible for maintenance of the landscaping within the right-of-way and an EMRA with the City of La Mesa will be required to ensure ongoing maintenance of this area. 33 trees are proposed to line all three adjacent streets to create ample screening/buffering while enhancing the overall character of the streetscape. In addition, 7 trees are proposed on the subject property and surround the parking lot. These trees include a combination of accent and broad-spreading shade trees and are proposed together with accent plants and shrubs that were selected for low water use.
Off-Street Parking Design
The project includes 16 off-street parking spaces. The parking area includes interior and perimeter landscaping around the paved areas to meet the City’s Parking and Landscape Standards. The project meets the Off-Street Parking Design Guidelines by providing concrete curbing around landscaped areas, striping and wheel stops, and use of compact parking spaces.
Energy Conservation
The project meets the Energy Conservation Guidelines through its site orientation, and landscaping. The orientation and siting of structures and landscaping consider water conservation, by management of water run-off and use of plant materials appropriate to the climate. The number of trees proposed for the project exceeds the CalGreen requirement for 50% shade coverage, which will lead to a decreased heat island effect
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as the shade trees will cool the pavement below.
Safety Design
The Urban Design Program encourages the consideration of safety when designing a development in ways such as creating defensible spaces that clearly define physical spaces into areas of public, semi-public, semi-private, and private spaces. Along the street frontage of the project site, street trees and additional landscaping are proposed.
The drive-thru lane sits between the public right-of-way landscaping, and the new building. The project meets the intent of the safety design guidelines through the use of space between the public right-of-way and private property, and creates a transition and symbolic barrier on the site. In addition, parking lot lighting is selected and oriented so that points and areas vulnerable to crime are accented.
To continue to provide sufficient, safe, and minimally disrupted walkways and traffic, the existing curb opening will remain unchanged. The internal site circulation will change due to the new building and addition of the drive thru. In order to address these internal circulation changes, a queuing analysis was submitted. The queuing analysis will be reviewed by the Planning Commission as part of the Site Development Plan review, and a condition of approval will be included to address offsite impacts due to queuing delays.
Other public health, safety, and welfare findings and discussions will also be addressed as part of the Site Development Plan review, not the Design Review.
Major Circulation Corridor
The project site is located on the I-8/Fletcher Parkway corridor, which is considered a Major Circulation Corridor in the Urban Design Program. The project meets the Major Circulation Corridor guidelines through the use of landscaping, street trees, and pedestrian pathways along the right-of-way. By maintaining three of the existing jacaranda street trees along Fletcher Parkway, proposing additional flowering trees, and incorporating pine trees to create cohesion with the property to the south will strengthen the character and image of the corridor.
URBAN DESIGN PROGRAM ARCHITECTURAL DESIGN GUIDELINES
Architectural Design
The project meets the following Urban Design Program elements for architectural design:
consistency, form and texture, human scale, neighborhood character, pedestrian interest, and rooftops. The proposed design for the building is modern. The variety in surface planes, forms, and textures appears to create variety and interest across all building elevations, while also creating consistency. Projecting canopies, and horizontal and vertical offsets create visual relief, while an interesting variety of window sizes and types
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are organized into a regular pattern. These offsets and patterns contribute to the human scale, proportion, and massing of the building, which is consistent with the Urban Design Program. In addition, the rooftop mechanical equipment is screened by the building’s parapet walls, and the proposed screening method is cohesive with the building’s design.
The neighborhood is commercial in character, and the proposed design is consistent with the character of the neighborhood.
Architectural Finish and Details
The proposed building utilizes a variety of colors and materials to create further visual interest. The project utilizes thin brick and EIFS (exterior insulation and finish systems) (similar to stucco) for the building’s base surface materials, with metal canopies, composite wood, illumination panels, and cultered stone for the accent materials. Colors used in the design include orange, blue, black, gray, and chestnut. The combination of the neutral colors and the accent colors provides for a distinct color theme for the building that is cohesive with the branding of the proposed restaurant. The color scheme and proposed materials are consistent with the Urban Design Program Guidelines by providing visual interest and contrast, while not detracting from the surrounding neighborhood.
GROSSMONT SPECIFIC PLAN SITE AND BUILDING DESIGN GUIDELINES The Grossmont Specific Plan site and building design guidelines call to the importance of how the building interacts with the street since the area is part of a key commercial node in the City. In consideration of the guidelines, the project meets the intent by placing the building close to the major intersection, placing the parking away from the intersection, minimizing driveway openings, encouraging interconnecting on-site pedestrian and vehicular circulation patterns, providing landscaping and canopy trees throughout parking lots, and providing street trees. In addition, the Grossmont Specific Plan calls for new buildings to provide equal architectural relief and detailing on all building sides to achieve a more elevated design. The project provides a variety of color and materials, varying roof lines, and canopies across all building elevations in order to provide visual interest. By providing relatively equal amount of architectural relief, materials, and color across all building walls, the project meets the architectural design intent for the Grossmont Specific Plan.
CONCLUSION:
As discussed above, the project appears to meet the site design guidelines and architectural design guidelines of the Urban Design Program and Grossmont Specific Plan. Staff recommends that the Design Review Board approve Project 2022-1599, subject to City Council ratification.
Report to Design Review Board Project No. 2022-1599 (CALI QUESO CORP) Date: May 12, 2025 Page: 7 of 7
Respectfully submitted by:
____________________________
Laura Traffenstedt
Associate Planner
Reviewed by:
_____________________________
Staff Name
Assistant Director of Community Development
_____________________________
Lynnette Santos
Director of Community Development
Attachments:
A. Draft Certificate of Action
B. City of San Diego Approval Letter
C. Site Photographs
D. Project Plans
E. Color and Materials Board
F. Photometric Plan and Lighting Cut Sheets
DATE: August 12, 2025
TO: Mayor and Members of the City Council
FROM: Ray Sweeney, Chief of Police
VIA: Greg Humora, City Manager
SUBJECT: HOMELESS OUTREACH AND MOBILE ENGAGEMENT (“HOME”) PROGRAM QUARTERLY REPORT (APRIL 2025 – JUNE 2025)
Please see the attached report for the HOME 2
nd Quarter 2025.
City of La Mesa
Homeless Outreach &
Mobile Engagement (HOME) Program
Quarterly Report: April – June 2025
HOME Program Overview
The Homeless Outreach and Mobile Engagement (HOME) Team is an initiative of the City of La Mesa and the La Mesa Police Department (LMPD). The HOME Team provides a housing-first and traumainformed approach to addressing homelessness in La Mesa. The HOME Team utilizes progressive engagement and harm reduction to assist individuals who are unable to access homeless services on their own. This report breaks down the the HOME Team efforts and successes during the 2nd quarter of 2025.
Since the beginning of the quarter, the HOME program outreach specialists have:
• Contacted 174 total individuals experiencing homelessness and newly enrolled 107 adults and 13 children. Many of these newly enrolled adults are one-time contacts that were provided shortterm services as they passed through La Mesa. A total of 15 individuals contacted this quarter were connected to a temporary or permanent home.
• Responded to 631 service calls routed through LMPD dispatch, HOME hotline or city email, and as follow-ups to previous contacts. Historically, many of these calls would have been handled by city emergency response services and law enforcement. • Prioritized the most vulnerable individuals in the City of La Mesa, including individuals living on the street with chronic physical and mental health conditions, households with children, and individuals facing chronic homelessness.
Clients Served
The HOME Team operates out of LMPD headquarters in downtown La Mesa and responds to nonemergency calls for service related to homelessness that are generated through police dispatch, HOME email, and The HOME Hotline. Each of these calls is first attended by a HOME Team outreach specialist; PD or PERT officers are only requested for rare cases involving legal or safety concerns. 120
54 Total Number of Clients Served
New Clients in Quarter Continuing Clients
174
Instances of
Service*
524
Calls for
Service
631
HOME Team Assistance: 16
# of Calls LMPD Officers
requested HOME assistance
# of Calls the HOME team
requested:
Officer Assistance: 7
PERT Assistance: 0
*Instances of service are included in the total calls for service. This number represent interactions with clients that are enrolled in the county’s case management system. More than one client may be present during a single call for service.
Client Demographics and Household Composition
Housing Outcomes
12 household (15 people) people left the HOME program to a temporary or permanent placement during the quarter.
3 households (4 persons) exited to temporary housing, defined as an emergency shelter, transitional housing, or other location that provides housing/shelter without tenure.
9 households (11 people) exited to permanent housing, defined as a leased unit meeting United States Department of Housing and Urban Development (HUD) occupancy standards with or without supportive services, such as mental health counseling.
21 housing matches was provided through the Coordinated Entry System.
Single Person
Households
79 Adult Only
Households
10 14
75 95
Female Male
20 11
28 35
29 33
18 0
0 to 17 18 to 24
25 to 34 35 to 44
45 to 54 55 to 64
65 or Above Unknown
Total Clients Served Demographics
Chronically
Homeless
60% Households
with Children
107
Housing Matches
Housing matches provided through the Coordinated Entry System (CES) are an essential part of people attempting to access permanent housing. In short, a housing match is when a person is connected to a housing provider for assistance in the form of a subsidized room or ongoing rental assistance. Once a person has been matched through CES, the HOME Team does their best to help a client connect with the housing provider to complete the housing process. During this quarter, the HOME Team received 21 housing matches. Connecting people to housing without matches continues to be a significant struggle for the HOME Team.
Client Services
The HOME Team continues to excel in helping clients navigate and connect with a variety of existing services within the community. Some of these services include ongoing nutritional, medical, and financial support through programs such as Cal-Fresh, Medical, and General Relief.
The HOME Team was able to connect multiple people with these services by transporting and supporting these clients in navigating these services at the Family Resource Centers located in Lemon Grove and El Cajon.
The HOME Team has continued to provide housing navigation throughout this quarter. Housing Navigation aids individuals who have an income, housing voucher, or rental assistance subsidies that could support a rental unit on an ongoing basis. The HOME Team Housing Navigator works with these clients to identify suitable units, pay for application fees, advocate to landlords, and provide financial assistance to cover the move-in costs related to the rental unit.
The HOME Team also continues to assist with acquiring identifying documentation. Almost all of the clients who successfully exited the program during this quarter worked with the HOME Team to acquire both State Identification cards and/ or Social Security Cards; attaining these documents was a necessity for their housing placements.
The HOME Team has continued working closely with a non-profit: 2nd Chance. This non-profit provides a Job Readiness Training (JRT) course for clients who struggle with connecting to employment due to their homelessness status and/ or involvement with the justice system. As part of the JRT, the participants are provided with professional interview attire. During the last week of JRT, the participants take part in a round of interviews with potential employers including but not limited to Western Towing, ACE Parking, and Sycuan Casino.
The HOME Team having consistent access to a van continues to be an important resource for clients.
During the quarter, the HOME Team utilized the van to view units for rent in El Cajon, Downtown San Diego, and San Diego County. Being able to go to units quickly and with little notice has resulted in clients being able to successfully exit our program into rental assistance programs. The HOME Team has also utilized this van to clear encampments by taking clients and their belongings to storage, housing opportunities, or alternative camping locations. Most importantly, this van is accessible to people that have disabilities or are experiencing mobility issues.
During this quarter, the HOME Team has provided some form of financial and/or basic-needs assistance to all enrolled clients with the dual objectives of moving them toward a housing outcome and keeping them safe during the COVID-19 pandemic. These objectives have not changed throughout this quarter.
All clients received COVID-19-related services, including updates related to local public-health guidelines, vaccine information, hygiene supplies, and personal protective equipment (PPE), such as face masks and hand sanitizer.
All clients received food, water, or other nutrition services, with approximately 65 prioritized for on-going meal support.
HOME program staff distributed $8,848.77 in direct financial assistance, including vehicle repair, and funds used to secure new rental units. 3 household (4 person) received accommodation in a motel, designed to provide short-term, bridge shelter for those with a concrete housing plan.
HOME program staff arranged 23 rides to apartment viewings, shelter stays, program intake interviews, and other critical appointments via ridesharing service.
14 Clients were connected to ongoing physical, mental, and/or behavioral healthcare.
3 Instances of clients connected to CA ID, Birth Certificate, and/ or Social Security Card.
19 Instances of clients connected to Cal Fresh, Medi-Cal, Enhanced Care Management and/ or County Phones
1 of clients connected to Serving Seniors.
6 Instances of people enrolled into employment training and support
Ongoing Care
Throughout the life of the program, HOME has noticed that the majority of calls related to someone experiencing homelessness were generated because of another community members concern for a person’s mental, physical, or behavioral health. Because of this, the HOME Team has prioritized connecting people to ongoing healthcare through organizations such as Family Health Centers, East County Behavioral Health, Jane Westin, Alvarado Parkway Institute, and Volunteers in Medicine. All of these organizations provide low to no-cost services to people experiencing homelessness. Connecting people to ongoing and preventative care such as what is being offered at these organizations is essential to addressing issues that invariably result in emergent health situations for people experiencing homelessness. These situations result in over-burdend emergency rooms, ambulances, and other emergency services. Additionally, due to the limited nature of HOME services provided to a person after they are housed, having connections to ongoing community support is an important part of someone maintaining housing stability.
Calls for Service
The HOME Team responded to 631 calls for service during the quarter. This number includes service calls routed through LMPD dispatch, HOME hotline or city email, and follow-ups to previous contacts.
Of these calls for service, 144 calls were new requests for assistance related to homelessness in the City. Historically, these calls would have been addressed by city emergency response services and law enforcement.
Of these calls, 204 were direct responses to calls to the HOME hotline and email requests made by community members regarding someone experiencing homelessness.
Additionally, 341 calls were service driven appointments with clients or proactive rapport-building contacts, in support of the HOME Team’s mission.
During the entirety of this quarter, the HOME Team was connected to the La Mesa Police Department’s dispatch center via police radio. Starting the 4th quarter of 2021, the HOME Team has been able to realize the benefits of the technology and partnerships with call-takers through decreased response times to current calls for service, improved support to police officers, enhanced understanding of the program workload and service provision through data tracking, and improved safety of the HOME Team members and the community.
Hotel Utilization
The HOME Team provided a hotel stay to 4 clients (3 households) the quarter. All of these stays were directly related to upcoming housing appointments. Three of the 4 occupants were able to move directly into housing from the motel. 1 occupant is still waiting on a determination from the housing commission and property manager regarding if the client will be able to access the Permanent Supportive Housing that they were matched to.
Client success stories
A client contacted the HOME team and was
enrolled in February 2025, bringing with him a
unique background as a young man who served
in the military for approximately a year. Since his
discharge in 2019, he has faced the difficult
reality of homelessness, spending the last two
years living intermittently in his car with his
partner. This challenging situation has taken a
toll on him, but the client has shown tremendous
resilience in the face of adversity. Before
reaching out to HOME, this client had crossed
paths with various social workers and outreach
personnel who began the qualification process a
VASH (Veterans Affairs Supportive Housing)
voucher. Unfortunately, the service provider did
not monitor the application process. Upon
contacting HOME in February, the client found a
team eager to support him. The clinical outreach
specialist worked closely with him to refine his
resume and navigate job applications. With
HOME’s assistance, the client was able to
gather his bank statements, which were
necessary to establish his connection with
Veterans Affairs (VA)). The client was matched
with a social worker at the VA, who guided him
through the necessary steps. The client’s
determination quickly paid off when he secured a part-time position as a security guard at a local high school, marking a significant turning point in his life. In April 2025, this client received the good news of his acceptance as a VASH voucher recipient, a testament to his perseverance and hard work. By early June, he was able to move into his own apartment, finally giving him a stable place to call home.
Throughout this entire journey, this client has exemplified extraordinary resolve and determination, transforming his challenges into opportunities for a brighter future.
Client Quote: I can't thank you, and Mathew enough. Thank you Taja! I got a place, a job, and very soon, hopefully, have my car up and driving. Mathew was even able to get my best friend his dd214.
He's been having difficulty with it the past 20 or so years. You guys are absolutely awesome! In 2, almost 3 months, I went from homeless, to having a home, and then a job one month after getting my new home.
Another success story from this quarter involves a couple who originally began working with the HOME program in 2023. Both persons are over 65 years of age. One person was employed on a part-time basis. The other person was not working or collecting a monthly income. Throughout their work with the HOME Team, this couple oscillated between living in encampments, accessing safe parking programs in the county, and living in their car on the street. Due to a variety of barriers, mostly related to income constraints, this couple had not been able to access permanent ongoing housing despite having regular income. These clients worked diligently to stay connected to HOME as well as a variety
of other health-related services. Earlier this year, one of the clients began collecting Social Security retirement. This additional income allowed the clients to be considered for a larger variety of properties.
After working closely with the HOME Housing Navigator and submitting applications to a variety of places, the couple was accepted to a low-income property geared towards older adults in San Diego.
Additionally, the HOME Team was able to connect these clients to Townspeople to provide some ongoing case management and a limited rental subsidy as part of the City of La Mesa & Townspeople Shared Housing Collaborative.
Community Support Partnerships
• Journey Community Church continues to provide any and all food items to the HOME Program, allowing HOME staff to feed up to 60 people per week
• La Mesa Village Association
• La Mesa Thrift Shop
• La Mesa First United Methodist Church
• Empire Thrift Store of El Cajon
• Eagle Scouts
Community Resource Partnerships
• Home-Start, Inc.
• East County Behavioral Health
• Center Star ACT
• McAlister Inc.
• La Mesa – Spring Valley School District Social Workers • East County Homeless Task Force
• San Diego County Mental Health
• In addition, HOME staff has developed a word-of-mouth network of donors and residents and regularly interface with anyone interested in helping those facing hardship on the streets of La Mesa.
• Assisted Replacement Medication Therapy Medical Specialists • The Lodge of La Mesa (Transition Age Youth)
• Borrego Health-Centro Medico El Cajon
• New Found Homes ILF
• Mission Academy
• 2nd Chance
• Alvarado Parkway Institute
• Bayview Crisis Stabilization Unit
• Volunteers in Medicine
• Serving Seniors
• Pacific Health Group
HOME Program Historical Statistics
Client Enrollment
Calls for Service
1 Instances of service are included in the total calls for service. This number represent interactions with clients that are enrolled in the county’s case management system. More than one client may be present during a single call for service.
Quarter
Total Clients
Served New Clients Continuing Clients
Q4 2020 56 n/a n/a
Q1 2021 108 61 47
Q2 2021 75 44 31
Q3 2021 86 44 31
Q4 2021 25 10 15
Q1 2022 69 48 21
Q2 2022 96 62 34
Q3 2022 73 38 35
Q4 2022 108 65 43
Q1 2023 71 28 43
Q2 2023 72 53 19
Q3 2023 71 43 28
Q4 2023 56 27 29
Q1 2024 43 29 14
Q2 2024 40 21 19
Q3 2024 39 24 15
Q4 2024 57 40 17
Q1 2025 95 24 71
Q2 2025 174 120 54
Grand Total 1414 781 566
Quarter
Instances of
Service1 Calls for Service
Calls Officers
requested
HOME
Assistance
Calls HOME
requested
Officer
Assistance
Calls HOME
requested
PERT
assistance
Q4 2020 191 110 --- 1 1
Q1 2021 397 187 --- 0 1
Q2 2021 349 355 --- 0 0
Q3 2021 393 134 --- 0 0
Q4 2021 237 81 --- 0 0
Q1 2022 373 617 24 10 0
Q2 2022 626 657 11 22 4
Q3 2022 584 549 26 5 1
Q4 2022 744 417 16 3 0
Q1 2023 633 435 19 7 0
Q2 2023 494 384 16 2 0
Q3 2023 173 447 12 3 0
Q4 2023 274 391 24 3 0
Q1 2024 273 443 19 2 0
Q2 2024 261 473 13 9 0
Q3 2024 244 463 23 12 0
Q4 2024 358 448 10 5 0
Q1 2025 476 465 11 5 1
Q2 2025 358 631 16 7 0
Grand Total 7438 7687 240 96 8
Services and Housing
Quarter
HOME
Rides
Direct Financial
Assistance
Clients who
Received Motel
Vouchers
Clients
Permanently
Housed
Households
Permanently
Housed
Clients
Temporarily
Housed
Households
Temporarily
Housed
Q4 2020 18 3,357.00 $ 7 5 --- 3 ---
Q1 2021 16 10,506.00 $ 7 --- 4 --- 19
Q2 2021 7 $ 4,967.00 9 8 7 --- 5
Q3 2021 144 16,623.42 $ 7 8 3 --- 5
Q4 2021 84 1,071.40 $ 0 12 11 --- 4
Q1 2022 92 6,579.56 $ 5 10 9 6 6
Q2 2022 96 3,727.96 $ 2 16 11 5 3
Q3 2022 68 3,445.75 $ 3 8 6 4 4
Q4 2022 69 3,411.55 $ 3 15 6 2 2
Q1 2023 56 2,210.47 $ 2 17 7 2 2
Q2 2023 59 2,581.44 $ 0 4 2 5 5
Q3 2023 59 7,560.47 $ 2 2 2 6 6
Q4 2023 91 1,344.96 $ 1 10 8 1 1
Q1 2024 52 3,506.91 $ 1 7 6 1 7
Q2 2024 86 8,428.53 $ 0 9 4 5 5
Q3 2024 61 20,935.20 $ 1 4 2 2 2
Q4 2024 56 8,895.15 $ 1 7 7 2 2
Q1 2025 58 10,007.91 $ 0 15 6 3 8
Q2 2025 23 8,848.77 $ 0 7 7 9 9
Grand Total 1195 128,009.45 $ 51 164 108 56 95
Total People Housed 220
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: August 12, 2025
SUBJECT: SIDE LETTER AGREEMENT TO THE POLICE
OFFICERS’ ASSOCIATION (“POA”) MEMORANDUM OF
UNDERSTANDING (“MOU”) AND UNREPRESENTED
EMPLOYEES BENEFIT PLAN
DESCRIPTION: AMENDMENT TO THE POA MOU TO REFLECT
CHANGES TO THE POST INCENTIVE PAY FOR
POLICE SERVICES TECHNICIANS, AS WELL AS
CHANGES TO THE UNREPRESENTED BENEFIT PLAN
FOR FIRE MANAGEMENT AND THE POLICE CHIEF
CLASSIFICATIONS.
ISSUING DEPARTMENT: HUMAN RESOURCES
SUMMARY:
Issues:
1. Should the City Council adopt a resolution approving a Side Letter of Agreement to the 2024-2027 Memorandum of Understanding (“MOU”) between the City of La Mesa and the Police Officers’ Association (“POA”), to add incentive pay for the POST Dispatchers Basic Course for the Police Services Technician (“PST”) classification?
2. Should the City Council adopt a resolution approving amendments to the unrepresented compensation plan to include a POST incentive pay for the Police Chief classification and for the Fire Safety Management classifications to have the same conversion factor for leave banks, based on 80-hour or 112-hour per pay period schedule, as represented fire employees?
Report to Mayor and Councilmembers
Date: August 12, 2025
Page: 2 of 4
Recommendation:
1. That City Council adopt a resolution approving a Side Letter of Agreement to the 2024-2027 Memorandum of Understanding (“MOU”) between the City of La Mesa and the Police Officers’ Association (“POA”), to add incentive pay for the POST Dispatchers Basic Course for the Police Services Technician (“PST”) classifications.
2. That City Council adopt a resolution approving amendments to the unrepresented compensation plan to include a POST incentive pay for the Police Chief classification and for the Fire Safety Management classifications to have the same conversion factor for leave banks, based on 80-hour or 112-hour per pay period schedule, as represented fire employees.
Fiscal Impact: The fiscal impact of the POST certification pay for the three Police Services Technicians and Police Chief is less than $40,000 per fiscal year. The fiscal impact for the Fire Safety Management leave conversion is limited to long term leave liability for the two affected employees and costs for all proposed adjustments can be managed within the existing departmental budgets.
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:
POST Certification Pay
Police Services Technician: The City has three Police Services Technicians in the Police Department whose primary role is to serve as the first point of contact for the Police Department, receiving emergency and non-emergency calls, assisting the public, and managing law enforcement records. The current POA MOU includes an agreement to conduct a classification and compensation audit for the Police Services Technician classification and meet and confer over any impacts no later than June 30, 2025.
The City utilized an outside consultant to conduct the audit and met with POA within the required timeframe. The audit included the analysis of the current job duties as described in each incumbent’s position description questionnaire, their supervisor’s comments, the
Report to Mayor and Councilmembers
Date: August 12, 2025
Page: 3 of 4
PST job description as well as other City classifications, and an analysis of the external market salary benchmarks.
The consultant concluded that the PSTs are currently performing job duties within the PST classification, but recommended the City revise the job description to include the Police Officer Standards and Training (“POST”) Dispatchers Basic Course as a required certification to be obtained within 12 months of appointment. All PSTs currently have the POST Basic Dispatchers Course certificate.
The current POA MOU includes a POST educational incentive pay for Dispatchers and the Communication Supervisor of 5% of Step E of their respective classification. Because the PST job description will now also require a POST Basic Dispatcher certification, the City and POA agreed to include the POST educational incentive pay of 5% of Step E for the PST classification as well. The attached resolution amends the terms of the POA MOU to reflect that change.
Police Chief: The City currently offers POST incentive pay to sworn police officers and the Police Lieutenant and Police Captain management classifications. The incentive encourages ongoing education and leadership training, and provides compensation for those who have obtained intermediate, advanced, supervisory or management POST certifications.
The current compensation package for the Police Chief classification does not include POST incentive pay. The Police Chief position requires extensive law enforcement experience, training and possession of a POST certification in the management level.
Staff recommends amending the unrepresented management compensation plan to provide an educational incentive pay based on 5% of Police Chief Step E for a Management POST, or 10% of Police Chief Step E for an Executive POST certificate.
The Executive POST certificate requires a minimum of 60 semester units at an accredited college, serving as head of their current law enforcement agency for at least two years, and have completed the POST executive development course. The Police Chief currently holds the Executive POST certificate. Amending the compensation package to include this incentive recognizes the Chief’s qualifications and also enhances the City’s ability to attract and retain highly qualified leadership in the future.
Fire Management Employees:
Fire suppression personnel in the City are typically scheduled on a 56-hour work week (or 112 hours per pay period). Heartland Firefighters of La Mesa Local #4759 currently receive leave accruals and balances that reflect this 112-hour schedule. Battalion Chiefs who may be assigned from suppression to an 80-hour administrative work schedule
Report to Mayor and Councilmembers
Date: August 12, 2025
Page: 4 of 4
convert their leave accrual from 112 hours to 80 hours. Per the fire MOU, “in the event the 9/80 Battalion Chief retires or changes to a 112-hour work schedule, their sick leave and combined vacation/holiday banks shall be converted back to their original value. They shall be multiplied by a factor of 1.4, this factor is calculated by dividing 56 by 40.” To ensure consistency, fairness, and internal equity, staff recommends aligning the leave accrual conversion for Fire Safety Management employees with the same standard for suppression employees. This adjustment would convert existing and future leave balances for eligible Fire Safety Management classifications at time of retirement or schedule change from an 80-hour schedule to a 112-hour schedule using the standard conversion factor of 1.4.
This adjustment would only apply to Fire Safety Management positions, specifically: Fire Chief, Deputy Fire Chief, and Fire Division Chief classifications. At this time, only two positions are filled within these positions.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Gretchen Spaniol
City Manager Director of Human Resources
Attachments:
A. Resolution approving a Side Letter of Agreement to the 2024-2027 Memorandum of Understanding (“MOU”) between the City of La Mesa and the Police Officers’ Association (“POA”), to add incentive pay for the POST Dispatchers Basic Course for the Police Services Technician (“PST”) classifications.
B. Resolution approving amendments to the unrepresented compensation plan to include a POST incentive pay for the Police Chief classification and for the Fire Safety Management classifications to have the same conversion factor for leave banks, based on 80-hour or 112-hour per pay period schedule, as represented fire employees.
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
APPROVING A SIDE LETTER OF AGREEMENT TO ADD SECTION 1.32.2 PEACE OFFICER STANDARDS AND TRAINING (“POST”) INCENTIVE
PROGRAM (POLICE SERVICES TECHNICIAN CLASSIFICATIONS) TO THE 2024-2027 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA MESA AND THE LA MESA POLICE OFFICERS’ ASSOCIATION
WHEREAS, on June 25, 2024, 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, 2024, through June 30, 2027;
WHEREAS, on November 10, 2024, the City of La Mesa (“City”) and the La Mesa Police Officers’ Association (“POA”) executed a Side Letter of Agreement to the MOU for the period July 1, 2024, through June 30, 2027, to add terms related to a reduced workweek for sworn employees (Section 1.11.03);
WHEREAS, as a result of the Classification and Compensation Audit for the Police Services Technician (“PST”) classification, conducted per Section 1.24.02 of the MOU, the City and POA desire to revise the job description to add the requirement that individuals who hold positions in the PST classification obtain the Police Officer Standards and Training (“POST”) Dispatchers Basic Course certification within 12 months of appointment, consistent with POST Commission Regulation 1018; and
WHEREAS authorized representatives of the City of La Mesa have met and conferred with representatives of POA and as a result of the meet and confer process a Side Letter of Agreement has been reached with the representatives of POA to add Section 1.32.2 Peace Officer Standards and Training (“POST”) Incentive Program regarding Police Services Technician classifications.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, as follows:
1. The Side Letter of Agreement by and between the City of La Mesa representatives and the representatives of POA, a copy which is on file and available for inspection in the Office of the City Clerk and incorporated herein by reference as Exhibit 1, is hereby approved.
2. All other terms and conditions of the 2024 – 2027 MOU shall remain in full force and effect.
3. 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 Side Letter of Agreement.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12
th day of August 2025, 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. 2025- , 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)
EXHIBIT 1
SIDE LETTER AGREEMENT AMENDING
THE 2024-2027 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF LA MESA AND THE LA MESA POLICE OFFICERS’ ASSOCIATION WHEREAS, on June 25, 2024, 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, 2024 through June 30, 2027;
WHEREAS, on November 10, 2024, the City of La Mesa (“City”) and the La Mesa Police Officers’ Association (POA) executed a side letter to the MOU for the period July 1, 2024 through June 30, 2027 to add terms related to a reduced workweek for sworn employees (Section 1.11.03); WHEREAS, as a result of the Classification and Compensation Audit for the Police Services Technician (PST) classification, conducted per Section 1.24.02 of the MOU, the City and POA desire to revise the job description to add the requirement that individuals who hold positions in the PST classification obtain the Police Officer Standards and Training (POST) Dispatchers Basic Course certification within 12 months of appointment, consistent with POST Commission Regulation 1018; WHEREAS, the City and POA desire to add incentive pay for the POST Dispatchers Basic Course certifications for the PST classifications; and
WHEREAS, the City and POA desire to amend the terms of the POA MOU stated herein subject to ratification by POA and the City Council.
NOW, THEREFORE, the City and POA agree as follows:
Section 1.32.2 PEACE OFFICER STANDARDS AND TRAINING (POST) INCENTIVE PROGRAM (Police Services Technician Classifications) is added to read as follows:
SECTION 1.32.2 (This section applies to Police Services Technician classifications)
Educational incentive pay for Police Services Technicians (PST) will be based on 5% of PST Step E for a P.O.S.T Dispatchers Basic Course certification.
The EMPLOYEE shall be responsible for notification to CITY and for providing appropriate documentation as required by CITY and by P.O.S.T. Payment for obtaining such Certificate will be based on the date of issuance on the P.O.S.T. certificate, except when new EMPLOYEES possess a P.O.S.T. Certificate upon employment. For new EMPLOYEES, the date for the additional pay shall be the date of employment.
The CITY shall promptly review the information provided by the EMPLOYEE and will send a completed application to P.O.S.T. within fourteen (14) calendar days of submission to the CITY.
Because of the additional complexity of the P.O.S.T. certification process, retroactive adjustment of errors as provided in section 1.10 of this agreement will be extended to a maximum period of three (3) years prior to the time of discovery.
The City and POA agree that this form of pay does not qualify as special compensation for nonsafety employees per Title 2 Section 571 or 571.1 and is therefore not pensionable.
Except as expressly modified in this side letter herein, all terms and conditions of the 2024-2027 MOU shall remain in full force and effect.
For CITY OF LA MESA: For Police Officers’ Association:
Gretchen Spaniol Brett Riley
Director of Human Resources POA President
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
APPROVING AMENDMENTS TO THE UNREPRESENTED EMPLOYEES
BENEFIT COMPENSATION PLAN TO INCLUDE A POST INCENTIVE PAY FOR
THE POLICE CHIEF CLASSIFICATION AND FOR THE FIRE SAFETY
MANAGEMENT CLASSIFICATIONS TO HAVE THE SAME CONVERSION
FACTOR FOR LEAVE BANKS AS REPRESENTED FIRE EMPLOYEES
WHEREAS, the City of La Mesa is a general law city which derives its power from state law and uses State Governmental Code to enumerate the City’s powers and form of government.
The City of La Mesa employs a Council-Manager form of government. In this arrangement, the City Council is responsible for determining policy, and the City Manager ensures that such policy is implemented.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, as follows:
1. On June 10, 2025, the City Council of the City of La Mesa approved the Compensation and Benefit Plan for Fiscal Year 2025-26, to reflect the salary ranges and pay steps per the terms of the 2024-2027 Memorandum of Understanding between the City of La Mesa and the La Mesa Police Officers’ Association, salary adjustments for Police Management (sworn), salary adjustments previously approved in Memoranda of Understanding for La Mesa City Employees Association and Heartland Firefighters of La Mesa Local #4759, as well as approved compensation and benefit plans for unrepresented (non-sworn) employees;
2. The City of La Mesa desires to amend the unpresented compensation plan to include an educational incentive pay based on 5% of Police Chief Step E for a Management POST, or 10% of Police Chief Step E for an Executive POST certificate for the Police Chief classification;
3. The City of La Mesa desires to align the leave accrual conversion for Fire Safety Management employees (Fire Chief, Deputy Fire Chief, and Fire Division Chief) with the same standard for suppression employees;
4. This adjustment would convert existing and future leave balances for eligible Fire Safety Management classifications at time of retirement or schedule change from an 80-hour schedule to a 112-hour schedule using the standard conversion factor of 1.4; and
5. The compensation for all City of La Mesa employees as set forth and prescribed in the City of La Mesa Benefit Plan for Fiscal Year 2025-26 is hereby approved and accepted.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12
th day of August 2025, 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. 2025- , 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)
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: August 12, 2025
SUBJECT: RESOLUTION TO ENTER INTO AN AGREEMENT WITH
EVIDENT ID, INC. FOR INSURANCE VERIFICATION
MANAGED SERVICES
ISSUING DEPARTMENT: HUMAN RESOURCES
SUMMARY:
Issues:
Should the City Council adopt a resolution authorizing an Agreement with Evident ID, Inc. for insurance verification managed service? Recommendation:
That City Council adopt a resolution authorizing the Agreement with Evident ID, Inc. for insurance verification managed service.
Fiscal Impact:
The cost estimate for this project is $38,370 for the three-year period. Funds for this proposed service are available in the Fiscal Year 2025-26 Risk Management Budget.
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.
Report to Mayor and Councilmembers
Date: August 12,2025
Page: 2 of 3
BACKGROUND:
The City of La Mesa requires all vendors, contractors, and entities doing business with or on city property to provide proof of insurance that meets specified risk and liability requirements. Currently, the process for collecting, reviewing, and tracking Certificates of Insurance (COIs) is performed manually by various departments. This decentralized and labor-intensive process increases the risk of non-compliance, expired coverage, and potential liability exposure to the City.
DISCUSSION:
Evident ID provides a cloud-based insurance verification solution that includes the following services:
Centralized digital collection and storage of COIs
Automated tracking and expiration alerts
Verification of policy details against city insurance requirements Exception reporting and non-compliance flagging
Integration with existing vendor management or permitting systems (if applicable).
The proposed service will standardize how insurance documents are received and verified citywide, improve contract risk management, and allow staff to focus on core responsibilities.
In accordance with section 2.40.190 of the City of La Mesa Municipal Code, the purchasing officer may buy directly from a vendor at a price established by competitive bidding by another public jurisdiction in substantial compliance with the City’s formal contract, informal/open market and/or public project bid procedures even if the City of La Mesa had not joined with that public agency in a cooperative purchase. The purchasing officer may also purchase from the United States of America or any state, municipality, or other public corporation or agency.
Evident has entered into an agreement with PRISM (Public Risk Innovation Solutions and Management) a pooling and risk management community in California, pursuant to the PRISM Master Service Agreement in July 2024 to provide a subscription to Evident ID software and insurance verification services. The City of La Mesa intends to enter into a Relying Party Subscription under the same terms and conditions as the PRISM Master Agreement, thereby utilizing the piggyback provision allowed under the City's Municipal Code. The City of La Mesa is a member of PRISM through Public Entity Risk Management Authority (PERMA), an insurance pool in which the City participates.
Report to Mayor and Councilmembers
Date: August 12,2025
Page: 3 of 3
RECOMMENDATION:
Staff recommends City Council adopt the resolution to authorize the Agreement for insurance verification managed services from Evident ID.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Gretchen Spaniol
City Manager Director of Human Resources
Attachment:
A. Resolution authorizing an agreement with Evident ID, Inc., for insurance verification managed service.
B. Agreement
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA TO EXECUTE AN AGREEMENT WITH EVIDENT ID, INC. FOR INSURANCE
VERIFICATION MANAGED SERVICES
________________________________________________________________ WHEREAS, the City of La Mesa seeks to ensure compliance with insurance requirements for vendors, contractors, permit holders, and other entities conducting business with or through the City;
WHEREAS, City staff has identified the need for a secure, efficient, and auditable system for managing insurance verification processes;
WHEREAS, a Managed Service for Insurance Verification can provide automated certificate tracking, real-time compliance monitoring, risk mitigation, and enhanced vendor accountability;
WHEREAS, In accordance with section 2.40.190 of the City of La Mesa Municipal Code, the purchasing officer may buy directly from a vendor at a price established by competitive bidding by another public jurisdiction in substantial compliance with the city’s formal contract, informal/open market and/or public project bid procedures even if the City of La Mesa had not joined with that public agency in a cooperative purchase. The purchasing officer may also purchase from the United States of America or any state, municipality, or other public corporation or agency;
WHEREAS, Evident entered into an agreement with PRISM (Public Risk Innovation Solutions and Management) a pooling and risk management community in California, pursuant to the PRISM Master Service Agreement in July 2024 to provide a subscription to Evident ID software and insurance verification services. The City of La Mesa intends to enter into a Relying Party Subscription under the same terms and conditions as the PRISM Master Agreement, thereby utilizing the piggyback provision allowed under the City's Municipal Code; and WHEREAS, the term of the agreement will be for three years starting September 01, 2025, to be paid through Risk Management funds to renew at the discretion of the City Manager.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council hereby approves entering into a service agreement with Evident ID, Inc.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12th of August 2025, 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. 2025- , 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)
City of La Mesa
SERVICES AGREEMENT
EVIDENT ID, Inc. (Insurance Verification Managed Services) Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
2 TABLE OF CONTENTS
1. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES ...............................
2. ENGAGEMENT OF CONTRACTOR............................................................................
3. SERVICES TO BE PERFORMED BY CONTRACTOR ..............................................
4. LOCATION OF SERVICES...........................................................................................
5. KEY PROJECT PERSONNEL .......................................................................................
6. CITY REPRESENTATION ............................................................................................
7. RESPONSIBILITIES OF THE CITY .............................................................................
8. PERFORMANCE SCHEDULE......................................................................................
9. ITEMS TO BE DELIVERED TO CITY.........................................................................
10. COMPENSATION TO CONTRACTOR........................................................................
11. HOLD HARMLESS ........................................................................................................
12. INSURANCE...................................................................................................................
13. TERMINATION OF AGREEMENT FOR CAUSE OR CONVENIENCE...................
14. NOTICES.........................................................................................................................
15. DISPUTE RESOLUTION...............................................................................................
16. CONTRACTORS ............................................................................................................
17. INTEREST OF MEMBERS OF THE CITY...................................................................
18. INTEREST OF CONTRACTOR AND EMPLOYEES;.................................................
19. INDEPENDENT CONTRACTOR..................................................................................
20. PERS ELIGIBILITY INDEMNIFICATION .................................................................
21. CONTRACTOR NOT AGENT.......................................................................................
22. FACILITIES AND EQUIPMENT ..................................................................................
23. RECORDS.......................................................................................................................
24. DESIGN CHANGES OR REVISIONS...........................................................................
25. OWNERSHIP OF WORK...............................................................................................
26. INTEGRATION; AMENDMENTS ................................................................................
27. ADDITIONAL SERVICES OUTSIDE SCOPE .............................................................
28. CHANGES.......................................................................................................................
29. NON-DISCLOSURE.......................................................................................................
30. JOB SITE SAFETY.........................................................................................................
31. BUSINESS LICENSE .....................................................................................................
32. PREVAILING WAGES FOR PUBLIC WORKS PROJECTS.......................................
33. CONFLICT BETWEEN AGREEMENT AND OTHER DOCUMENTS ......................
34. SIGNATURES.................................................................................................................
Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
3 12. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
Between the City of La Mesa and
EVIDENT
for Insurance Verification Managed Service
This Agreement is entered into by City of La Mesa as of September 1, 2025, by and between the City of La Mesa, a municipal corporation, hereinafter referred to as "the City", and Evident, hereinafter referred to as "Contractor."
WITNESSETH THAT:
WHEREAS, the City Council has adopted Resolution No. 25- ; WHEREAS, the City has need for professional services to perform Insurance Verification Managed Services and is willing to compensate Contractor for such services; WHEREAS, this Agreement is based on Request for Proposals N/A; WHEREAS, the City desires to engage Contractor to render certain technical and professional services in the providing of said professional services; and WHEREAS, Contractor is qualified to provide said professional services for Insurance Verification Managed Service.
NOW THEREFORE, the parties do mutually agree as follows:
13. ENGAGEMENT OF CONTRACTOR
The City hereby agrees to engage Contractor and Contractor hereby agrees to perform the services set forth in this Agreement. This Agreement shall be for a term from the execution date of the Agreement through 6/30/2028. It can be renewable every year with expressed mutual consent of both parties.
14. SERVICES TO BE PERFORMED BY CONTRACTOR
Contractor shall commence performance of the Project upon execution of this Agreement by both parties. The term "Project" as used in this Agreement shall include all of the tasks and items listed and described in Exhibit "A" (Evident Order Form) and Exhibit B (Evident SaaS Terms), attached hereto and incorporated herein as part of this Agreement.
15. LOCATION OF SERVICES
Contractor agrees to provide exclusively remote services to be provided electronically for the benefit of the City located at 8130 Allison Avenue for the full term of this Agreement. No changes will be made without prior written approval by the City.
Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
4 16. KEY PROJECT PERSONNEL
Contractor agrees to provide the services of Insurance Verification Managed Service, respectively for the full term of this Agreement. No substitutions will be made without prior written approval by the City. The City reserves the right to request specific qualifications for personnel substituted under this section.
17. CITY REPRESENTATION
The City Manager for the City of La Mesa, or their designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to this Agreement and shall administer said Agreement on behalf of the City. This person shall hereinafter be referred to as the "City's Representative."
18. RESPONSIBILITIES OF THE CITY
The City will provide the Contractor, or cause to be provided with, the following documents, services and site information, at no charge to the Contractor.
A. See Exhibit "A"
19. PERFORMANCE SCHEDULE
Both Contractor and the City recognize that the completion of this work and the following schedule is dependent upon timely actions by the Contractor and the City. Accordingly, the Contractor shall complete all of the work outlined in Exhibit "A" and described in this Agreement in accordance with the following schedule:
A. See Exhibit "A"
The Contractor shall not be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or failure of City to furnish timely information or to approve or disapprove Contractor's work promptly, or delay or faulty performance by City, or governmental agencies.
Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement.
20. ITEMS TO BE DELIVERED TO CITY
N/A
21. COMPENSATION TO CONTRACTOR
The total fee for professional services shall be billed with a total amount not to exceed $12,790.00 as described on Exhibit "A".
Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
5 The City shall compensate Contractor for the services performed hereunder within thirty (30) calendar days of receipt of Contractor's invoice for the services performed.
The City shall promptly review invoicing and notify Contractor of any objection thereto in writing within fifteen (15) days of receipt of the invoice; absent such objection the invoice shall be deemed proper and acceptable.
In the event that any undisputed invoice is not paid within thirty (30) calendar days after receipt of the invoice by the City, it shall commence bearing interest on the date that the invoice was rendered at the rate of 1% per month and the City agrees to pay all accrued interest, together with the charges for services rendered.
22. PIGGYBACKING
City agrees that, to the extent agreed by Evident ID, any other federal, state, or local governmental entity in the United States may rely on (and “Piggyback” on) the terms and conditions of this Agreement, including the process used to enter into this Agreement and any pricing set forth in any Order Form under this Agreement ; provided that any resulting agreement between Evident ID and any such governmental entity shall be a separate contractual agreement and shall not impose any obligations or liability on City.
23. HOLD HARMLESS
To the furthest extent allowed by law, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Contractor, its principals, officers, employees, agents or volunteers in the performance of this Agreement.
If Contractor should subcontract all or any portion of the services to be performed under this Agreement, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
Contractor shall not be liable for any indirect, special or consequential damages hereunder, and its aggregate liability hereunder shall not exceed the amount of one hundred and fifty thousand dollars ($150,000) in the aggregate during the term.
This section shall survive termination or expiration of this Agreement.
24. INSURANCE
Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
6 Throughout the life of this Agreement, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A:VII" in Best's Insurance Rating Guide, or (ii) authorized by the City Manager or his/her designee at any time and in his/her sole discretion. Contractor shall provide City with certificates of insurance (COI) evidencing all coverages and endorsements. Contractor agrees to name City, its elected officials, officers, officials, employees, agents and volunteers as additional insured under said policy prior to providing the services in this Agreement. The City reserves the right to modify insurance requirements as necessary, in accordance with City policies, including during any extensions of this agreement. The following policies of insurance are required:
A. COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability of not less than the following:
o $2,000,000 per occurrence
o $4,000,000 general aggregate
B. ADDITIONAL INSURED ENDORSEMENT CERTIFICATE
C. WAIVER OF SUBROGATION-On all applicable insurance
D. WORKERS' COMPENSATION insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
E. PROFESSIONAL LIABILITY (Errors and Omissions) insurance appropriate to Contractor’s profession, with limits of liability of $2,000,000 per claim/occurrence and $2,000,000 policy aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by the Contractor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, copyright, trademark, invasion of privacy violations, information theft, release of private information, extortion, and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
E.1. The Policy shall include or be endorsed to include property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of the Contractor. If Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
7 not covered under the Contractor’s liability policy, such as “property” coverage of the Agency may be endorsed onto the Contractor’s Cyber Liability Policy as covered property as follows:
E.2 Cyber Liability coverage in the amount of $5,000,000 to cover damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of the Contractor.
The certificate holder should be stated as:
City of La Mesa Attn: Risk Management, 8130 Allison Avenue, La Mesa, CA 91942 Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either:
(i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its elected officials, officers, officials, employees, agents and volunteers: or (ii) Contractor shall provide a financial guarantee, satisfactory to City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its elected officials, officers, officials, employees, agents and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Contractor’s insurance shall be primary, and no contribution shall be required of City, its elected officials, officers, officials, employees, agents and volunteers. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, officials, employees, agents or volunteers. The Workers’ Compensation insurance policy shall contain a waiver of subrogation as to the City, its elected officials, officers, officials, employees, agents and volunteers.
Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
8 If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made coverage form:
A. The retroactive date must be shown and must be before the effective date of this Agreement or the commencement of work by Contractor.
B. Insurance must be maintained, and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Agreement, whichever first occurs.
C. (iii) If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Agreement, whichever first occurs.
D. A copy of the claims reporting requirements must be submitted to City for review.
E. These requirements shall survive expiration or termination of the Agreement.
Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received by City and approved by City Manager or his/her designee prior to City’s execution of the Agreement and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
If at any time during the life of this Agreement or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Agreement.
The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its elected officials, officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
9 officers, employees, agents, persons under the supervision of Contractor, vendors, suppliers, invitees, Contractors, subcontractors, or anyone employed directly or indirectly by any of them.
If Contractor should subcontract all or any portion of the services to be performed under this Agreement, Contractor shall require each subcontractor to provide insurance protection in favor of City, its elected officials, officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.
25. TERMINATION OF AGREEMENT FOR CAUSE OR CONVENIENCE
If, through any cause, the Contractor shall fail to fulfill in timely and proper manner their obligations under this Agreement, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement immediately by giving written notice to the Contractor of such termination and an opportunity to cure of at least thirty (30) days, specifying the effective date thereof. In such event, Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder.
26. NOTICES
Notices and requests to the City or Contractor shall be delivered at the following addresses, either served personally on the designated representative or by U.S. Postal Service at the following addresses:
City:
• Purchasing Officer
• City of La Mesa
• 8130 Allison Avenue, La Mesa, CA 91942
• (619) 667-1113
Contractor:
• Chief Operating Officer
• EVIDENT ID, Inc.
• 945 Paces Ferry Road, Suite 1400, Atlanta, GA 30305
• 949-432-1986
27. DISPUTE RESOLUTION
Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
10 The City shall require that all Contractors agree to submit any unresolved claims, counterclaims, disputes, controversies and other matters between them and the City or the Contractor and/or any subcontractors of any tier arising out of or relating to their agreement with the City or the breach thereof (“disputes”) first to mediation and then if not resolved, to non-binding arbitration prior to initiating suit or judicial proceeding.
If applicable – As provided in Public Contract Code section 9204, any claim filed by the Contractor on a public works project shall be reviewed by the City with 45 days and a written statement will be provided to the Contractor identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the City and the Contractor may, by mutual agreement, extend the time period or it may be extended to allow City Council approval. The Contractor shall include reasonable documentation to support the claim. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement.
28. CONTRACTORS
Contractor will utilize the services of the following subcontractors during the course of this study:
None.
Payment for such services shall be the responsibility of the Contractor. No substitution of proposed subcontractors shall be made without prior written approval by the City.
None of the services covered by the Agreement shall be subcontracted without the prior consent of the City. The Contractor shall be as fully responsible to the City for the acts and omissions of their subcontractors, and of persons either directly or indirectly employed by them, as they are for the acts and omissions of persons directly employed by them. The Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Agreement.
Other than by operation of law (merger, acquisition), Contractor shall not assign, delegate, or transfer this Agreement or any work hereunder, nor assign any monies due or to become due hereunder, except as expressly stated herein. In no event shall any contractual relation be created between any third party and the City without prior written consent of the City. A consent to one assignment shall not be deemed to be consent to any subsequent assignment.
29. INTEREST OF MEMBERS OF THE CITY
No member of the governing body of the City and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the Contractor shall take appropriate steps to assure compliance.
30. INTEREST OF CONTRACTOR AND EMPLOYEES;
STATEMENT OF ECONOMIC INTERESTS
Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
11 The Contractor covenants that they presently have no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of their services hereunder. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. City may require Contractor to complete and submit a Form 700, Statement of Economic Interests, in accordance with applicable law, to City Clerk.
31. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement.
32. PERS ELIGIBILITY INDEMNIFICATION
In the event that Contractor’s employee and/or agent providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor’s employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits.
33. CONTRACTOR NOT AGENT
Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
34. FACILITIES AND EQUIPMENT
N/A
35. RECORDS
Contractor shall maintain adequate records to permit inspection audit of Contractor's time-andmaterial charges under this Agreement. Contractor shall make such records available to the City and to other public agencies responsible for approval, funding or auditing the project, during normal business hours upon reasonable notice. Nothing herein shall convert such records into Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
12 public records and they will be available only to the City or to public agencies involved with approval, funding or audit functions. Such records shall be maintained by the Contractor for three (3) years following completion of the work under this Agreement.
36. DESIGN CHANGES OR REVISIONS
No design changes or revisions will be required and no payment therefor will be made except pursuant to the provisions of this Agreement. No extra compensation shall be paid the Contractor for revisions required by reason of omissions or errors by the Contractor in the preparation of the original document, plans, working drawings, or specifications. Changes to the scope of this Agreement shall be negotiated (e.g., Change Order process) prior to commencement of extra work.
37. OWNERSHIP OF WORK
Contractor maintains ownership in its proprietary solutions, any derivatives thereof and any and all documentation, materials or information related to same.
38. INTEGRATION; AMENDMENTS
This Agreement sets forth the entire understanding of the parties with respect to the subject matter herein. There are no other agreements, expressed or implied, oral or written, except as set forth herein. This Agreement may be amended upon written mutual consent of both parties hereto.
Amendment requiring changes in compensation shall be subject to the City's change order procedures.
39. ADDITIONAL SERVICES OUTSIDE SCOPE
Only after written authorization from the City, additional services that Contractor could provide, or cause to be provided, include the following:
A. Additional work related to the Project but not included in the Scope of Work.
B. Additional work caused by changes unrelated to the Scope of Work described herein.
Contractor will be compensated for Contractor time and direct personnel expenses as approved by the City.
40. CHANGES
The City may, from time to time, request changes in the Scope of Services of the Contract to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the City and the Contractor shall be incorporated to this Contract.
41. NON-DISCLOSURE
City shall not disclose Contractor’s confidential or proprietary information and Contractor shall not disclose City’s confidential or proprietary information, unless so, except as authorized by the owner in writing. Notwithstanding anything in this Agreement to the contrary, City in its sole and Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
13 exclusive discretion, may take any and all actions necessary to comply with the California Public Records Act.
42. JOB SITE SAFETY
The general or prime Contractor who is responsible for means, methods and procedures of the project shall be responsible for job site safety.
The prime contractor and all subcontractors of all tiers shall:
A. Be responsible for the safety of their respective employees as required by law.
B. Come under the jurisdiction and supervision of the general or prime contractor’s job site safety program.
C. Exercise reasonable care to avoid risk of injury to others as required by the professional standard of care.
43. BUSINESS LICENSE
The Contractor, including all subcontractors, shall obtain a business license for work within the City of La Mesa pursuant to La Mesa Municipal Code Sections 6.08.010 through 6.08.240.
No payments shall be made to any Contractor until such business license has been obtained, and all fees paid therefor, by the Contractor and all subcontractors. Business license applications and information may be obtained from the Finance Department, City Hall, 8130 Allison Avenue, La Mesa, CA 91942-5502, (619) 667-1118 or online at cityoflamesa.us/buslic.
44. PREVAILING WAGES FOR PUBLIC WORKS PROJECTS
IF APPLICABLE
A. No professional Contractor or subcontractor subject to the requirements of State of California’s prevailing wages may be awarded a contract, or contracted with, for a public works project (submitted on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
B. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
45. CONFLICT BETWEEN AGREEMENT AND OTHER DOCUMENTS
In the event of a conflict between this Agreement and any documents incorporated by reference in this Agreement, the terms and conditions of this Agreement shall supersede those contained in any such document incorporated by reference.
Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
15 Attachment: Exhibit A – Scope of Work and Fee Schedule Attachment: Exhibit B – Evident SaaS Terms
Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Evident ID, Inc. Remit To Address:
945 East Paces Ferry Road NE, Suite 1700, Atlanta, GA 30326 Evident ID, Inc Tel : +1.877.832.5298, Email: [email protected] 2810 N Church St, Suite 95997, Wilmington, DE 19802-4447 www.evidentid.com Quote Expiration: 9/1/25
Order Form prepared for: Date: 4-Aug-2025
City of La Mesa Evident Contact: Bryan Cogliano
Entity Name (internal use): lamesa Email: [email protected] Account ID (internal use): 001Rm00000YxMlh Phone: 949-432-1986 Service
Annual
Platform Fee
Included
Licenses
License Fee
above Included
Insurance Verification-as-a-Service (IVaaS) - Managed Services Tier $10,290 350 $29.40 Each License is for 1 year of service, and includes:
- Custom branding and communications
- Decisioning Engine includes Unlimited Coverage Types and Groups - Notice of Cancellation Support (Digital and PO Box)
- Embedded insurance for third parties
- API/Integration Support, Unlimited admins/users
- Historic COI Access
- Managed Services
Full Service Onboarding (one-time) $2,500
Billing Information Billing Terms
Address: 8130 Allison Ave Term: 36 Months
La Mesa, CA 91942 Onboarding Service: Included in First Invoice Annual Platform Fee: Invoiced Annually
Contact: Beatriz Cruz-Rivera All Other Fees and Services: Invoiced Monthly, in Arrears Email: [email protected] Payment Terms: 30 Days from Invoice Additional Terms
Initial Term:
September 1, 2025 - August 30, 2028 (Term begins at date listed or upon initial usage of service, whichever occurs sooner) IVaaS:
- The licenses pack included in the Platform Fee will be activated when the term begins and renew annually. - Insurance Verification is an annual subscription service whereby an individual 12-month service is Initiated upon activation of an individual insured. - The subscription fee cannot be prorated, including upon termination of the agreement. - Subscriptions will auto-renew on their anniversary unless the customer notifies Evident within 30 days of the renewal by marking an Insured as Inactive in Evident's system.
By signing this Order Form, you agree to: (a) purchase the products and services pursuant to the terms set forth herein; (b) authorize Evident to submit invoices for such payment; and (c) be bound by the Evident Relying Party Subscription Terms & Conditions (Agreement). This Order Form will renew as set forth in the Agreement, unless expressly stated otherwise herein.
Evident ID, Inc City of La Mesa
Name: Dana Thomas Name:
Title: Chief Operating Officer Title:
Signature: Signature:
Date: Date:
Greg Humora
City Manager
Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211 8/4/2025
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
17 Attachment: Exhibit B – Evident SaaS Terms
Relying Party – City of La Mesa
1. DEFINITIONS.
“Aggregated Statistics” means any non-personally identifiable, technical, statistical or analytical data gathered or generated directly by the Subscription Services or by use of the Subscription Services, which Evident collects, gathers and aggregates periodically as part of its services.
Aggregated Statistics is de-identified data and information that Evident, its affiliates, licensors, partners and designated agents may use (on a non-attributed basis) for any purpose. “Authorized End User” means any user of Relying Party who obtains or accesses their Evident ID using the Subscription Services through the Interface.
“Authorized Relying Party User” means any individual employees, agents, or contractors of Relying Party accessing or using the Subscription Services on behalf of Relying Party under the rights granted to Relying Party pursuant to this Agreement. “Documentation” means technical, text and/or graphical documentation or manuals, whether in digital or printed format, that describe the features, functions and operation of the Subscription Services, which materials are designed to facilitate use of the Subscription Services. “Evident ID” means all the data, content and/or information provided, uploaded, and/or posted by or on behalf of Authorized End Users in connection with such Authorized End User’s authorized use the Subscription Services.
“Relying Party Data” means all the data, content and/or information provided, uploaded, and/or posted by Relying Party or an Authorized Relying Party User in connection with Relying Party’s authorized use of the Subscription Services, which for avoidance of doubt, does not include any Evident ID.
“Subscription Services” means Evident’s proprietary technology and application software Platform provided by Evident on a software-as-a-service basis through which Evident processes the Evident ID.
“Subscription Term” means the subscription period for Relying Party’s use of the Subscription Services as set forth in an Order Form.
2. ORDERING AND PURCHASES. Subject to the terms and conditions contained in the Agreement, Relying Party may purchase subscriptions to access and use the Subscription Services pursuant to Order Forms. Relying Party agrees that its purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Evident regarding any future functionality or features.
3. ACCESS AND USE.
3.1. Provision of Access to the Subscription Services. Subject to the terms and conditions contained in this Agreement, Evident hereby grants Relying Party a non-exclusive, nonDocusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
18 transferable right to access the features and functions of the Subscription Services during the Subscription Term, solely for use by the number of Authorized End Users and Authorized Relying Party Users set forth in the Order Form in connection with the operation of the business of Relying Party. Relying Party will undertake reasonable efforts to make all Authorized Relying Party Users aware of the provisions of this Agreement as applicable to such Authorized Relying Party User’s use of the Subscription Services, and will cause Authorized Relying Party Users to comply with such provisions. The Subscription Services are made available to Relying Party solely as hosted by or on behalf of Evident, and nothing in this Agreement will be construed to grant Relying Party any right to receive any copy of the Subscription Services or any software. The scope of the Subscription is based upon Relying Party’s then current subscription level. The number of Authorized End Users may be set forth in the applicable Exhibit or Order, and an individual is counted toward such number if such individual has accessed the Subscription Services in the last three (3) months.
3.2. Documentation License. Subject to the terms and conditions contained in this Agreement, Evident hereby grants Relying Party a non-exclusive, non-transferable right and license to download and use the Documentation during the Subscription Term for Relying Party’s internal purposes in connection with use of the Subscription Services as contemplated herein. Copies of the Documentation may not be distributed to third parties. Relying Party’s access and use of the Subscription Services will comply with all other conditions set forth in the Documentation.
3.3. Suspension. Notwithstanding anything to the contrary in this Agreement, Evident may suspend Relying Party’s, any Authorized Relying Party User’s and any Authorized End User’s access to any portion or all of the Subscription Services if Evident reasonably determines that (i) there is a threat or attack on any portion of the Subscription Services; (ii) Relying Party’s, any Authorized Relying Party User’s or any Authorized End User’s use of the Subscription Services disrupts or poses a security risk to the Subscription Services or any other customer or vendor of Evident; (iii) Relying Party or any Authorized Relying Party Users is/are using the Subscription Services for activities which are fraudulent, not in compliance with law or illegal; (iv) Relying Party is in breach of any provision or requirement of the Order Form or these Terms and Conditions, including being overdue on its payment obligations to Evident; (v) subject to applicable law, Relying Party has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding, or (vi) Evident’s provision of the Subscription Services to Relying Party, any Authorized Relying Party User or any Authorized End User is prohibited by applicable law or is no longer possible due to restrictions by a Supplier (each such suspension, a “Service Suspension”). Evident will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Relying Party (including notices sent to Relying Party’s registered email address) and to provide updates regarding resumption of access to the Subscription Services following any Service Suspension. Evident will use commercially reasonable efforts to resume providing access to the Subscription Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Evident will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Relying Party, any Authorized Relying Party User or any Authorized End User may incur as a result of a Service Suspension.
3.4. Aggregated Statistics. Relying Party acknowledges and agrees that Evident may compile Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
19 and use de-identified Aggregated Statistics. To the extent necessary, Relying Party hereby grants Evident a royalty-free, nonexclusive, irrevocable, right and license (with the right to sublicense through multiple tiers) to develop Aggregated Statistics from data, including Relying Party Data that has been de-identified, gathered or generated directly by the Subscription Services or by Relying Party’s use of the Subscription Services.
4. RELYING PARTY RESPONSIBILITIES. 4.1. Usage Restrictions. Relying Party will not, and will not permit any Authorized Relying Party User or any Authorized End Users to, (i) copy or duplicate any portion of the Subscription Services; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of the Subscription Services are compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Subscription Services, or attempt to do any of the foregoing, and Relying Party acknowledges that nothing in this Agreement will be construed to grant Relying Party any right to obtain or use such source code; (iii) modify, alter, tamper with or repair the Subscription Services, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Evident; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of the Subscription Services; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Subscription Services; (vi) use the Subscription Services for marketing purposes or resell or broker the Subscription Services to any third party; (vii) access the Subscription Services from jurisdictions other than those indicted in the Order Form or (viii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Relying Party’s rights under Section 3.1 or 3.2 of these Terms and Conditions. Relying Party will not use the Subscription Services except in compliance with these Terms and Conditions. Relying Party will ensure that its use of the Subscription Services complies with all applicable laws, statutes, regulations or rules and will not use or compile any data from the Subscription Services for the purpose of any illegal activities.
4.2. Access, Terms of Use and Privacy Policy. Relying Party will provide reasonable cooperation, assistance, information and access to Evident as may be necessary to initiate Relying Party’s use of the Subscription Services. Relying Party will ensure Authorized Relying Party Users know that the Subscription Services will only be used for business purposes; and Relying Party acknowledges and agrees that it is responsible for the acts or omissions of any person who accesses the Subscription Services using passwords or access procedures provided to or created by Relying Party. Evident reserves the right to refuse registration of, or to cancel, login credentials that violate the terms and conditions set forth in the Agreement. Relying Party acknowledges and agrees that, in addition to the terms herein, use of the Subscription Services by the Authorized End Users and Authorized Relying Party Users will be subject to the current Evident Privacy Policy (available at https://www.evidentid.com/privacy-policy).
4.3. Compliance with Data Protection Laws. Relying Party agrees that: (i) it will comply with its obligations under Data Protection Laws in its processing of Relying Party Data and Authorized End User data, including any obligations to third parties related to such processing; (ii) it has provided all notice and obtained all consents, permissions and rights necessary under Data Protection Laws for Evident to lawfully process Relying Party Data, Authorized End User data and Authorized Relying Party User data for the performance of this Agreement, including the Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
20 delivery of the Subscription Services; and (iii) it shall ensure its processing instructions are lawful and that the processing of Relying Party Data, Authorized End User data and Authorized Relying Party User data in accordance with such instructions will not violate applicable Data Protection Laws.
4.4. Relying Party Data. Each party shall implement security practices and measures adequate to preserve the confidentiality and security of data in its possession or under its control as required by Data Protection Laws and, at a minimum, shall implement and maintain reasonable security practices and procedures to protect Relying Party Data and Authorized End User data in its possession from unauthorized access, destruction, use, modification, or disclosure or otherwise.
5. PROPRIETARY RIGHTS.
5.1. Evident Ownership. Except for the access rights expressly granted by Evident to Relying Party under this Agreement, as between the parties Evident owns and retains all right, title and interest in and to the Subscription Services, the Documentation, the Aggregated Statistics and all of Evident’s content, including without limitation, information, text, graphics, links, documents, data, materials, tools, icons, audio, visual, software, symbols, and characters incorporated into and available through the Subscription Services, and all Intellectual Property Rights therein (collectively, the “Evident IP”). Nothing contained in this Agreement will be construed as conferring upon Relying Party, by implication, operation of law or otherwise, any other license or other right in or to the Evident IP. Relying Party will not take any action inconsistent with Evident’s ownership of the Evident IP.
5.2. Relying Party Ownership. As between the parties, Relying Party owns and retains all right, title and interest in and to the Relying Party Data and all Intellectual Property Rights therein (collectively, the “Relying Party IP”). Except as otherwise set forth in these Terms and Conditions, nothing will be construed as conferring upon Evident, by implication, operation of law or otherwise, any other license or other right in or to the Relying Party IP. Evident will not take any action inconsistent with Relying Party’s ownership of the Relying Party IP. Relying Party acknowledges that Authorized End Users have an ownership interest in their respective Evident ID and may use their Evident ID at their discretion.
5.3. Feedback. If Relying Party, Authorized Relying Party Users or Authorized End Users send or transmit any communications, comments, questions, suggestions, or related materials to Evident, whether by letter, email, telephone, or otherwise (“Feedback”), suggesting or recommending changes to the Subscription Services, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be exclusively owned by Evident.
5.4. Use of Marks. Relying Party expressly authorizes Evident to use the indicia (i.e., name, logo, trademarks) of Relying Party as required to provide the Subscription Services as well as on its customer lists and website.
Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
21 5.5. Warranties, Disclaimers. The Subscription Services and the Documentation are provided “as is” and evident, its licensors and suppliers disclaim any and all other promises, representations and warranties, whether express or implied, including without limitation any and all implied warranties of merchantability, accuracy, results of use, reliability, and fitness for a particular purpose.
Further, Evident, on behalf of itself and its licensors and suppliers, does not warrant that the Subscription Services or the Documentation will meet Relying Party’s requirements or that the operation of the Subscription Services will be error-free, uninterrupted, virus-free or secure, or that all errors will be corrected. Evident does not provide legal or other compliance related services upon which Relying Party may rely in connection with its furnishing of reports. Relying Party understands that any conversation or communication with Evident’s representatives regarding searches, verifications or other services offered by it are not to be considered a legal opinion regarding such use.
Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211
Services Agreement: Insurance Verification Managed Service Title: Evident ID, Inc.
14 46. SIGNATURES
IN WITNESS WHEREOF, City and Contractor have executed the Agreement.
EVIDENT ID, INC
By: _________________________________
Dana Thomas, Chief Operating Officer
Date: _____________
CITY OF LA MESA,
A Municipal Corporation
By: _________________________________
Dr. Mark Arapostathis, Mayor
Date: _____________
By: _________________________________
Greg Humora, City Manager
Date: _____________
APPROVED AS TO FORM
By: _________________________________
CITY ATTORNEY
Docusign Envelope ID: 406470A8-39AE-4DCE-95E0-58FA8C007211 8/4/2025
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: August 12, 2025
SUBJECT: RESOLUTION TO ENTER INTO AN AGREEMENT FOR
RISK MANAGEMENT SOFTWARE SERVICES WITH
ORIGAMI RISK, LLC.
ISSUING DEPARTMENT: HUMAN RESOURCES
SUMMARY:
Issues:
Should City Council adopt a resolution authorizing the Agreement with Origami Risk, LLC, for Risk Management Software services?
Recommendation:
That the City Council adopt a resolution authorizing the Agreement with Origami Risk, LLC, for Risk Management software services.
Fiscal Impact:
The cost for this project is $223,950 over the three-year period of the agreement.
Funds are available in Fiscal Year 2025-26 Risk Management Budget.
City’s Strategic Goals:
Invest in infrastructure to serve the needs of the community. Ensure a strong financial outlook through careful planning, sustainable service levels, and fiscal sustainability.
BACKGROUND:
Over the past several years, staff have identified a growing need for a centralized, integrated software platform to streamline risk management functions. A dedicated risk
Report to Mayor and Councilmembers
Date: August 12, 2025
Page: 2 of 2
management system would enhance the City's ability to monitor and mitigate risks, track incidents, manage claims and litigation, and ensure compliance with internal policies and external regulatory requirements.
DISCUSSION:
Following a review of available solutions and a needs assessment conducted by the Risk Management Division, staff have identified a preferred software platform that meets the City's operational and technical requirements. The proposed system offers configurable workflows, automated reporting, and robust data security features. Implementation of the software is expected to improve efficiency, reduce exposure to liability, and support more informed risk-related decision-making across all departments.
In accordance with section 2.40.190 of the City of La Mesa Municipal Code, the purchasing officer may buy directly from a vendor at a price established by competitive bidding by another public jurisdiction in substantial compliance with the city’s formal contract, informal/open market and/or public project bid procedures even if the City of La Mesa had not joined with that public agency in a cooperative purchase. The purchasing officer may also purchase from the United States of America or any state, municipality, or other public corporation or agency.
Origami has entered into an agreement with the County of San Mateo in January 2025 to provide and implement a Risk Management Information System. The City of La Mesa intends to enter into a Statement of Work (SOW) with Origami under the same terms and conditions as the San Mateo Agreement, thereby utilizing the piggyback provision allowed under the City’s Municipal Code.
RECOMMENDATION:
Staff recommends City Council adopt the resolution to authorize the Agreement for Risk Management Software services from Origami Risk, LLC.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Gretchen Spaniol
City Manager Director of Human Resources
Attachment:
A. Resolution authorizing the agreement for Origami Risk, LLC, for risk management software.
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA TO
EXECUTE AN AGREEMENT FOR ORIGAMI RISK, LLC, FOR RISK
MANAGEMENT SOFTWARE SERVICES
________________________________________________________________ WHEREAS, the City of La Mesa is committed to effective and proactive risk management to protect its employees, assets, operations, and the public interest; WHEREAS, City staff has identified the need for a secure, efficient, and auditable system for managing insurance verification processes;
WHEREAS, Origami Risk, LLC, has been identified as a qualified provider offering an integrated risk management platform and support services that meet the needs of the City of La Mesa;
WHEREAS, the proposed agreement includes provisions for software access, data analytics, incident tracking, claims management, safety program management, and related support and training services;
WHEREAS, In accordance with section 2.40.190 of the City of La Mesa Municipal Code, the purchasing officer may buy directly from a vendor at a price established by competitive bidding by another public jurisdiction in substantial compliance with the city’s formal contract, informal/open market and/or public project bid procedures even if the City of La Mesa had not joined with that public agency in a cooperative purchase. The purchasing officer may also purchase from the United States of America or any state, municipality, or other public corporation or agency;
WHEREAS, Origami has entered into an agreement with the County of San Mateo in January 2025 to provide and implement a Risk Management Information System. The City of La Mesa intends to enter into a Statement of Work (SOW) with Origami under the same terms and conditions as the San Mateo Agreement, thereby utilizing the piggyback provision allowed under the City’s Municipal Code; and
WHEREAS, the term of the agreement will be for three years starting August 13, 2025, for an amount of $223,950, budgeted in the Fiscal Year 2025-26 Risk Management funds to renew at the discretion of the City Manager.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council hereby approves entering into a service agreement with Origami Risk. LLC.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 12th of August 2025, by the following vote, to wit:
AYES:
NOES:
ABSENT: