Agenda packet — La Mesa City Council, September 22, 2026

LA MESA CITY COUNCIL
AGENDA

A Regular Meeting of the City Council

Date: Tuesday, September 22, 2026, 6:00 p.m.

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

Mayor Mark Arapostathis
Vice Mayor Genevieve Suzuki
Councilmember Lauren Cazares
Councilmember Patricia N. Dillard
Councilmember Laura Lothian
City Treasurer Emmett Stewart
Staff: City Manager Greg Humora
Interim 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.gov), the City's YouTube channel (www.youtube.com/cityoflamesa) or using the following Zoom Webinar options:

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

Teleconference Meeting Webinar
https://www.zoomgov.com/j/1606535921
Telephone (Audio only)
(669) 216-1590 or (669) 254-5252 Webinar ID: 160 653 5921 Copy and paste the webinar link into your internet browser if the webinar link does not work directly from the agenda.

PUBLIC COMMENTS
Each member of the public will have three (3) minutes to address the Council. The Mayor or presiding officer may adjust the allotted speaking time based on the number of speakers or other meeting considerations. The timer begins when the participant begins speaking. Time cannot be combined or yielded to another speaker. No further comments will be entertained after the Mayor or presiding officer closes public comment.

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 identifies you, you may step to the podium and state your name for the record. •
Remote Public Comments: To provide remote 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 nonagenda 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.
•
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.
•
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 Human Resources 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 ID or signature will be required to secure a device for the meeting.

Pages

1. CALL TO ORDER

1.1 INVOCATION - VICE MAYOR SUZUKI

1.2 PLEDGE OF ALLEGIANCE

2. CITY MANAGER COMMENTS

3. COMMUNITY BULLETIN REPORTS

4. ADDITIONS AND/OR DELETIONS TO THE AGENDA

5. PRESENTATIONS

5.1 PROCLAMATION HONORING CITY ATTORNEY GLENN SABINE

UPON HIS RETIREMENT AND RECOGNIZING HIS DEDICATED

SERVICE TO THE CITY

5.2 PROCLAIMING THE WEEK OF OCTOBER 4 - 10, 2026, AS FIRE

PREVENTION WEEK

6. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
NOTE: In accordance with state law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take any action on the item at this meeting.

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

7. CONFLICT DISCLOSURES

8. BOARD AND COMMISSION INTERVIEWS

8.1 ANNUAL INTERVIEW OF APPLICANTS FOR OPENINGS ON THE

YOUTH ADVISORY COMMISSION
1 Staff Reference: Ms. Wiegelman

9. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which members of the Council or audience may pull items from the CONSENT CALENDAR for discussion. Public Comments are also invited on Consent Calendar items.

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

Recommended Motion:

Approve Consent Calendar Items 10.1 through 10.6.

10.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT

OF ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Recommended Motion:

Approve.

10.2 RESOLUTION APPROVING AND ADOPTING AMENDMENTS TO THE BODY AND APPENDIX OF THE CITY’S AMENDED LOCAL

CONFLICT OF INTEREST CODE
3 Staff Reference: Ms. Wiegelman
Recommended Motion:

Adopt Resolution.

10.3 RESOLUTION WAIVING COMPETITIVE BIDDING REQUIREMENTS PURSUANT TO LA MESA MUNICIPAL CODE SECTION 2.40.070(a)(7)

AND AUTHORIZING AN AGREEMENT WITH WESTERN SIGN &
AWNING, INC., FOR UTILITY BOX ART WRAP SERVICES IN THE
AMOUNT OF $86,050
37 Staff Reference: Ms. Lee
Recommended Motion:

Adopt Resolution.

10.4 RESOLUTION ACCEPTING BID 27-05 AND AWARDING A

CONSTRUCTION CONTRACT TO MIRAMAR GENERAL

ENGINEERING FOR THE TOWER STREET IMPROVEMENTS
PROJECT (CAPITAL IMPROVEMENT PROJECT NO. 8307)
65 Staff Reference: Mr. Throne
Recommended Motion:

Adopt Resolution.

10.5 RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 2 WITH SC VALLEY ENGINEERING, INC., FOR THE PHASE 6 SEWER IMPROVEMENT PROJECT, BID 25-12 (CAPITAL IMPROVEMENT
PROJECT NO. 8103)
72 Staff Reference: Mr. Throne
Recommended Motion:

Adopt Resolution.

10.6 CONSTRUCTION CONTRACT FOR THE POLICE STATION COOLING

TOWER REPLACEMENT PROJECT
78 RESOLUTION WAIVING COMPETITIVE BIDDING REQUIREMENTS

PURSUANT TO LA MESA MUNICIPAL CODE SECTION

2.40.070(a)(5)(7), APPROPRIATING GENERAL FUND RESERVES,

AND AWARDING A CONSTRUCTION CONTRACT TO B&B
MECHANICAL, INC., FOR THE POLICE STATION COOLING TOWER
REPLACEMENT PROJECT (CAPITAL IMPROVEMENT PROJECT NO.
8641)
Staff Reference: Mr. Throne
Recommended Motion:

Adopt Resolution.

11. STAFF REPORTS

11.1 ANALYSIS OF THE FEASIBILITY AND IMPLEMENTATION OF

PARKING MODIFICATIONS IN THE DOWNTOWN VILLAGE
97 Staff Reference: Mr. Dedmon
Recommended Motion:

Receive and discuss the findings and recommendations for the proposed parking modifications and provide direction to staff on next steps.

12. ORDINANCES: FIRST READING

12.1 CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA AMENDING SECTIONS 2.30.020, 2.32.030,

2.73.010, 2.85.010, AND 2.87.010 OF THE LA MESA MUNICIPAL

CODE REGARDING MEMBERSHIP REQUIREMENTS FOR CERTAIN

CITY BOARDS AND COMMISSIONS
101
Staff Reference: Ms. Wiegelman
Recommended Motion:

Approve the introduction and first reading of the Ordinance.

13. ORDINANCES: SECOND READING

13.1 CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF LA MESA DELEGATING AUTHORITY TO THE CITY OF

SAN DIEGO TO ENFORCE REGULATIONS FOR THE DISCHARGE

OF INDUSTRIAL WASTEWATER TO SEWERAGE FACILITIES,

PRETREATMENT, AND SOURCE CONTROL PROGRAM
107
Staff Reference: Mr. Throne
Recommended Motion:

Approve the second reading and adoption of the Ordinance.

14. COUNCIL INITIATED

14.1 CONSIDERATION OF SENDING A LETTER OF SUPPORT TO
GOVERNOR NEWSOM FOR ASSEMBLY BILL 2518 (SHARPCOLLINS): SAN DIEGO GAS AND ELECTRIC COMPANY:

ENERGIZATION PILOT PROGRAM - MAYOR ARAPOSTATHIS
113

15. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)

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

17. CITY ATTORNEY REMARKS

18. ADJOURNMENT
DATE: September 22, 2026
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, CMC, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: ANNUAL INTERVIEW OF APPLICANTS FOR OPENINGS ON THE

YOUTH ADVISORY COMMISSION
Attached are applications from citizens who wish to be considered for appointment or reappointment to the Youth Advisory Commission. The applicants have been invited to attend the meeting and make a brief three-minute presentation describing their qualifications and interest in serving on the Commission.

The applicants will be called forward for their interviews by the City Clerk. After each presentation you may ask questions of the applicants, if you wish.

The appointments will be made at the City Council meeting on October 13.

Attachment: A. List of Applicants

Page 1 of 115 ends

Youth Advisory Commission: 8 positions – two-year terms Four (4) member positions: two positions with term expiring September 30, 2027; and two positions with term expiring September 30, 2028.

Four (4) alternate positions: one alternate position with term expiring September 30, 2027; and three alternate positions with terms expiring September 30, 2028.

Members must be between the ages of 13 and 20 years and reside within the City of La Mesa or attend school in the City of La Mesa.

First Appointed Number of Terms
Bodie Arzt
Grace Caamacho
Zian Hobbs
Camryn Langdon
Anthony Legge
Alanis Lee
Hendrix Lee
Mason Littig
Mikaeyla Matthews
Giovanni Natalia
Santana Reardon
Jaylyn Surrency
Quinn Suzuki
APPLICATIONS ARE AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE

Page 2 of 115 ends

DATE: September 22, 2026
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: RESOLUTION APPROVING AND ADOPTING AMENDMENTS TO THE BODY AND APPENDIX OF THE CITY’S AMENDED LOCAL CONFLICT

OF INTEREST CODE
The Political Reform Act requires every local agency to review its Conflict of Interest Code biennially in even-numbered years to ensure that the Code remains current and accurate. The City has adopted the State’s standardized Conflict of Interest Code, including subsequent amendments, by reference.

The attached Resolution amends the City’s Conflict of Interest Code to reflect the current language of Section 18730 of Title 2 of the California Code of Regulations and updates the Appendix to reflect current City positions, titles, and organizational structure. The recommended changes to the Appendix are as follows:
 Add the following positions with Disclosure Category B:
o Associate Planner
o Accountant I/II
o Associate Engineer
o Planning Technician
o Public Works Inspector I/II
o Records Program Manager
o Parks and Recreation Manager
 Remove the Director of Finance position because the position is now covered under Government Code section 87200 pursuant to Senate Bill 852. SB 852 requires public officials who manage public investments to electronically file their Form 700 with the Fair Political Practices Commission (FPPC).  Update the position title of Director of Community Services to Director of Parks and Recreation.
 Update the commission name from Community Services Commission to Parks and Recreation Commission.

Page 3 of 115 ends

 Separate the Management/Senior Management Analyst classification into two separate positions, Management Analyst and Senior Management Analyst, for clarity and to accurately distinguish the positions.
 Remove the following Boards and Commissions:
o Harry Griffen Regional Park JPA Governing Board – The City does not have jurisdiction over this entity, as it operates as a separate legal entity. o Loan Committee for Real Estate Rehabilitation – This committee no longer exists.

In addition, the Conflict of Interest Code will be updated to incorporate new ethics and fiscal and financial training requirements. The ethics training requirement has been revised to require new hires and appointees to complete the training within six months of beginning service, reduced from the previous one-year timeframe. Ethics training must be refreshed every two years thereafter.

The Code will also incorporate the new fiscal and financial training requirement established by Senate Bill 827. Officials who were serving in their positions prior to January 1, 2026, have until January 1, 2028, to complete their first fiscal and financial training. New hires and appointees must complete the fiscal and financial training within six months of beginning service. The fiscal and financial training must be completed every two years thereafter.

Staff recommends that the City Council adopt the attached Resolution amending the City’s Conflict of Interest Code and Appendix as described above.

Attachment A: Draft 2026-2028 Conflict of Interest Code Attachment B: Resolution

Page 4 of 115 ends

ATTACHMENT A
RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA

APPROVING AND ADOPTING AMENDMENTS TO THE BODY AND
APPENDIX OF THE CITY’S AMENDED LOCAL CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act requires every local government agency to review its conflict of interest code to determine if it is accurate and current or, alternatively, that the code must be amended;
WHEREAS, the City of La Mesa has adopted the State standardized Conflict of Interest Code and any State code amendments by reference; and WHEREAS, amendments to the Appendix of the City's Code were made in order to update the positions affected.

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

1. The terms of California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference; and

2. The Appendix of the Amended Local Conflict of Interest Code of the City of La Mesa is hereby amended and attached hereto as Exhibit “A”.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 22nd day of September 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

Page 5 of 115 ends

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. 2026- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

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

Page 6 of 115 ends

APPENDIX TO THE AMENDED LOCAL CONFLICT OF INTEREST CODE

OF THE CITY OF LA MESA
The positions and categories within the City listed in this appendix are "designated positions." Any person whose position with the City is a designated position, is a designated employee. Designated employees shall disclose in the manner provided in the Amended Local Conflict of Interest Code of the City of La Mesa those financial interests that are within the categories represented by the letter following the listed position. The disclosure categories are as follows:
“A” - All investments and business positions in business entities, interests in real property, and sources of income, including gifts, loans, and travel payments; and “B” - All investments and business positions in business entities, and income, including gifts, loans, and travel payments, from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the City.

Position Disclosure Categories
City Attorney's Office:

General Counsel, La Mesa Public
Financing Authority A
General Counsel, La Mesa Successor Agency A
Assistant City Attorney A
City staff under City Manager:

Accountant I/II B
Assistant City Manager A
Assistant to the City Manager A
Assistant Director of Public Works A
Assistant Director of Community Development A
Associate Planner B
Associate Engineer B
Building Inspector I/II B
Building Inspection Supervisor B
Building Maintenance Supervisor B
Building Official A
Business License Officer B
City Clerk A
Code Compliance Officer I/II B
Communications Manager B
Community Development Program Coordinator B
Deputy Fire Chief B
Deputy Fire Marshal B
Director of Administrative Services A
Director of Community Development A
Director of Parks and Recreation A
Director of Human Resources A
Director of Public Works/City Engineer A
Engineering Project Manager B

Page 7 of 115 ends

Position Disclosure Categories
Environmental Manager B
Finance Manager B
Fire Chief A
Fire Division Chief B
Fire Marshal B
Fire Inspector I/II B
Fleet Maintenance Supervisor B
Human Resources/Risk Manager B
Information Technology Manager B
Management Analyst B
Park Maintenance Supervisor B
Parks and Recreation Manager B
Planning Technician B
Police Captain B
Police Chief A
Police Lieutenant B
Police Services Manager B
Public Works Crew Leader B
Public Works Inspector I/II B
Public Works Maintenance Supervisor B
Public Works Operations Manager B
Purchasing Officer A
Records Program Manager B
Recreation Supervisor B
Risk Manager A
Senior Accountant B
Senior Building Inspector B
Senior Management Analyst B
Senior Planner B
City Agencies, Authorities, Boards, Commissions and Committees:

Arts and Culture Commission A
Community Police Oversight Board A
Parks and Recreation Commission A
Design Review Board A
Historic Preservation Commission A
La Mesa Community Parking Commission A
La Mesa Public Financing Authority A
Personnel Appeals Board A
La Mesa Successor Agency A
Mobility Commission A
Consultants: A Consultant is any natural person who provides under contract information, advice, recommendation or counsel to any agency, and shall report according to category "A." However, the disclosure to be made by the consultant shall be determined on a case-by-case basis by the City Manager.

Please note: the City Council, City Manager, City Attorney, City Treasurer, Director of Finance, and Planning Commission are covered by other regulations (Government Code section 87200) and, therefore, are not included in the City’s Conflict of Interest Code.

Page 8 of 115 ends

Ethics Training Requirement. All individuals serving in positions identified in this Conflict of Interest Code shall complete ethics training in accordance with applicable provisions of state law (Government Code section 53234, et seq.). Individuals appointed or employed on or after January 1, 2026, shall complete the initial ethics training within six months of beginning service. Thereafter, ethics training shall be completed every two years, in accordance with state law.

Fiscal and Financial Training Requirement. All individuals serving in positions identified in this Conflict of Interest Code shall complete fiscal and financial training as required by California Government Code Section 53238 et seq. Officials serving prior to January 1, 2026, shall complete the initial training no later than January 1, 2028. New hires and appointees shall complete the initial training within six months of beginning service. The training shall be renewed every two years thereafter, in accordance with state law.

Page 9 of 115 ends

CONFLICT-OF-INTEREST CODE
Published by the Office of the City Clerk
September 2026

Page 10 of 115 ends

City of La Mesa
Conflict-of-Interest Code
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Section 18730) that contains the terms of a standard conflict-of-interest code and may be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices designating positions and establishing disclosure requirements, shall constitute the Conflict-of-Interest Code of the City of La Mesa.

Individuals holding designated positions shall file their statements with the Office of the City Clerk, which will retain the statements and make the statements available for public inspection and reproduction (Government Code Section 81008.)

Page 11 of 115 ends

1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.

Page 12 of 115 ends

2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies. [FN1] Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's

Page 13 of 115 ends

3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code or with the Fair Political Practices Commission using the Commission's electronic filing system as required under Section 87500. [FN2]
(5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that

Page 14 of 115 ends

4 federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
(D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.

Page 15 of 115 ends

5 (B) Contents of Assuming Office Statements.

Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property [FN3] is required to be reported, [FN4] the statement shall contain the following:

1. A statement of the nature of the investment or interest;

Page 16 of 115 ends

6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported, [FN5] the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, [FN6] the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;

Page 17 of 115 ends

7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any parttime member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $630.

Page 18 of 115 ends

8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $630 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any parttime member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer

Page 19 of 115 ends

9 has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parentinlaw, brotherinlaw, sisterinlaw, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

Page 20 of 115 ends

10 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parentinlaw, brotherinlaw, sisterinlaw, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

Page 21 of 115 ends

11 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.

Page 22 of 115 ends

12 No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $630 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section.

Page 23 of 115 ends

13 (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.

This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the

Page 24 of 115 ends

14 Political Reform Act, Sections 8100091014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. [FN1]
Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. [FN2]
See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. [FN3]
For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
[FN4]
Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and

Page 25 of 115 ends

15 dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
[FN5]
A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. [FN6]
Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300 87302, 89501, 89502 and 89503, Government Code.

History

1. New section filed 4280 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1981; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 12683; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 111083; effective thirtieth day thereafter (Register 83, No. 46).

Page 26 of 115 ends

16 6. Amendment filed 41387; operative 51387 (Register 87, No. 16).

7. Amendment of subsection (b) filed 102188; operative 112088 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 828 90; operative 92790 (Reg. 90, No. 42).

9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8792; operative 9792 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)(A)(2) filed 2493; operative 2493 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 112293 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 92193.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1494 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)(b)(8.1)(B), (b)(9)(E) and Note filed 31495; operative 31495 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

Page 27 of 115 ends

17 16. Amendment of subsections (b)(8)(A)(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 102396; operative 102396 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4997; operative 4997 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).

18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)(b)(8.4)(C) and amendment of Note filed 82498; operative 82498 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 51199; operative 511 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)(b)(8.1)(A) and (b)(9)(E) filed 1262000; operative 11 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1102001; operative 212001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.2., (b)(8.2)(E)3., (b)(9)(A)(C) and footnote 4. filed 2132001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third

Page 28 of 115 ends

18 Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)(b)(8.1)(A) filed 1162003; operative 112003.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)(3), (b)(3)(C), (b)(6)(C), (b)(8.1)(b)(8.1)(A), (b)(9)(E) and (b)(11)(12) filed 142005; operative 112005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10112005; operative 11102005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 1218 2006; operative 112007. Submitted to OAL pursuant to Fair Political Practices Commission v.

Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)(b)(8.1)(A) and (b)(9)(E) filed 10312008; operative 11 302008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,

Page 29 of 115 ends

19 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11152010; operative 12152010.

32. Amendment of section heading and subsections (a)(b)(1), (b)(3)(4), (b)(5)(C), (b)(8.1) (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 182013; operative 272013.

33. Amendment of subsections (b)(8.1)(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12152014; operative 112015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.

Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.

Page 30 of 115 ends

20 34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)(D), amendment of subsections (b)(8.1)(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)(C) and amendment of subsection (b)(9)(E) filed 12 12016; operative 12312016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. Amendment of subsections (b)(8.1)(b)(8.1)(A) and (b)(9)(E) filed 12122018; operative 1 112019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

36. Amendment of subsections (b)(8.1)(8.1)(A) filed 12232020; operative 112021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).

Page 31 of 115 ends

21 37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5122021; operative 6112021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v.

38. Amendment of subsections (b)(8.1)(b)(8.1)(A) and (b)(9)(E) filed 12202022; operative 1 192023 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2022, No. 51).

39. Amendment of subsections (b)(8.1)(b)(8.1)(A) and (b)(9)(E) filed 2182025; operative 3 202025 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2025, No. 8).

Page 32 of 115 ends

22 40. Amendment of subsection (b)(4) filed 582025; operative 672025 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2025, No. 19).

Page 33 of 115 ends

APPENDIX TO THE AMENDED LOCAL CONFLICT OF INTEREST CODE

Position Disclosure Categories
City Attorney's Office:

General Counsel, La Mesa Public
Financing Authority A
General Counsel, La Mesa Successor Agency A
Assistant City Attorney A
City staff under City Manager:

Page 34 of 115 ends

Page 35 of 115 ends

Page 36 of 115 ends

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: September 22, 2026
SUBJECT: RESOLUTION WAIVING COMPETITIVE BIDDING

REQUIREMENTS PURSUANT TO LA MESA MUNICIPAL
CODE SECTION 2.40.070(A)(7) AND AUTHORIZING AN
AGREEMENT WITH WESTERN SIGN & AWNING, INC.

FOR UTILITY BOX ART WRAP SERVICES IN THE
AMOUNT OF $86,050
ISSUING DEPARTMENT: City Manager’s Office
Recommendation:

Adopt the resolution waiving competitive bidding requirements pursuant to La Mesa Municipal Code Section 2.40.070(a)(7) and authorization of an agreement with Western Sign & Awning, Inc.,0 for utility box art wrap services in the amount of $86,050.

Fiscal Impact:

The agreement amount with Western Sign & Awning, Inc is $86,050. Sufficient funding is available in the American Rescue Plan Act (ARPA) Artists to Work Program fund.

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

BACKGROUND:

On March 11, 2021, the American Rescue Plan Act (ARPA) was enacted to provide federal funding to state and local governments to support economic recovery from the COVID-19 pandemic. The City of La Mesa received ARPA funding to support a variety of programs and projects throughout the community.

Page 37 of 115 ends

Report to Mayor and Councilmembers
Date: September 22, 2026
Page: 2 of 3
On February 27, 2024, the City Council allocated $250,000 in ARPA funds to establish the Artist to Work Public Arts Program. The program was created to support local artists and expand public art throughout La Mesa through temporary sculptures, a mural, crosswalk art, and utility box artwork.

In December 2025, the City released a Request for Qualifications seeking artists for the various public art opportunities. Following the selection process, on May 12, 2026, the City Council approved the artists and artwork for the program, including original designs for utility boxes.

DISCUSSION:

To facilitate the production and installation of the digital artwork wraps, the City must procure a qualified provider to prepare the utility boxes and artist designs for fabrication and installation. Because the utility boxes vary in size and configuration, each box must be field measured and corresponding template developed so the selected artists can appropriately format their artwork for the specific box.

Staff recommends entering into an agreement with Western Sign & Awning, Inc., DBA Western Sign Systems, to provide these services. Western will field measure the utility boxes, develop design templates, prepare approved artwork for digital production, manufacture the vinyl wraps, and install the completed artwork. The City will be responsible for cleaning and preparing the utility boxes prior to installation.

Staff contacted multiple vendors to obtain competitive proposals for the work. The other vendors contracted were unable to meet applicable federal procurement requirements.

Western Sign & Awning, Inc. met those requirements, submitted a proposal for the full scope of work, and offered pricing staff determined to be reasonable.

Pursuant to Municipal Code Section 2.40.070(a)(7), the City Council may waive competitive bidding when special circumstances exist and doing so is in the City’s best interest. Based on the procurement efforts, federal requirements, Western Sign & Awning’s qualifications, and the reasonableness of its proposal, staff recommends waiving competitive bidding.

The project is anticipated to be completed by December 4, 2026.

CONCLUSION:

Staff recommends the City Council adopt the resolution waiving competitive bidding requirements pursuant to La Mesa Municipal Code Section 2.40.070(a)(7) and authorization of an agreement with Western Sign & Awning, Inc.,0 for utility box art wrap

Page 38 of 115 ends

Report to Mayor and Councilmembers
Date: September 22, 2026
Page: 3 of 3
services in the amount of $86,050
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Amanda Lee
City Manager Assistant City Manager
Attachments: A. Resolution
B. Agreement with Western Sign & Awning

Page 39 of 115 ends

RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA

WAIVING COMPETITIVE BIDDING REQUIREMENTS PURSUANT TO
LA MESA MUNICIPAL CODE SECTION 2.40.070(a)(7) AND

AUTHORIZING AN AGREEMENT WITH WESTERN SIGN & AWNING,
INC., FOR UTILITY BOX ART WRAP SERVICES IN THE AMOUNT OF $86,050
WHEREAS, the City Council allocated American Rescue Plan Act (ARPA) funds to establish the Artist to Work Public Art Program to support local artists and expand public art throughout La Mesa;
WHEREAS, the Artist to Work Program includes artwork to be installed on utility boxes throughout the City;
WHEREAS, the City requires professional services to field measure the utility boxes, develop design templates, digitally produce the artwork, fabricate the vinyl wraps, and install the completed artwork;
WHEREAS, City staff contacted multiple vendors in an effort to obtain competitive proposals for the required services;
WHEREAS, the other vendors contacted were unable to meet the federal procurement requirements applicable to the project, while Western Sign & Awning demonstrated its ability to satisfy the applicable requirements and perform the complete scope of work;
WHEREAS, pursuant to Municipal Code Section 2.40.070(a)(7), the City Council may waive competitive bidding when special circumstances exist and doing so is in the City’s best interest; and
WHEREAS, based on the procurement efforts, federal requirements, Western Sign & Awning’s qualifications, and the reasonableness of its proposal, staff recommends waiving competitive bidding.

NOW, THERFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council waives the competitive bidding requirements pursuant to La Mesa Municipal Code Section 2.40.070(a)(7) and authorizes of an agreement with Western Sign & Awning, Inc.,0 for utility box art wrap services in the amount of $86,050

Page 40 of 115 ends

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 22
nd day of September 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

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

Page 41 of 115 ends

City of La Mesa

SERVICES AGREEMENT

UTILITY BOX MEASUREMENT AND WRAPPING SERVICES FOR

ARTISTS TO WORK PROGRAM

Page 42 of 115 ends

Agreement: Utility Box Measurement and Wrapping Services for Artists to Work Program Version 2025.2 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. NOTICES.........................................................................................................................

12. HOLD HARMLESS ........................................................................................................

13. INSURANCE...................................................................................................................

14. TERMINATION OF AGREEMENT FOR CAUSE OR CONVENIENCE...................

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. OTHER PUBLIC AGENCIES ........................................................................................

35. SIGNATURES.................................................................................................................

Attachments: Exhibit “A” – Scope of Work & Fee Schedule Exhibit “B” – Utility Box Locations

Page 43 of 115 ends

Agreement: Utility Box Measurement and Wrapping Services for Artists to Work Program Version 2025.2 3

1. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
Between the City of La Mesa and
Western Sign & Awning, Inc., DBA Western Sign Systems
For Utility Box Measurement and Wrapping Services For Artists to Work Program This Agreement is entered into by City of La Mesa as of _______________________, by and between the City of La Mesa, a municipal corporation, hereinafter referred to as "the City", and Western Sign & Awning, Inc., DBA Western Sign Systems, hereinafter referred to as "Contractor." WITNESSETH THAT:

WHEREAS, the City has need for professional services to perform utility box measurement and wrapping services for the Artists to Work program and is willing to compensate Contractor for such services;
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 utility box measurement and wrapping services for the Artists to Work program.

NOW THEREFORE, the parties do mutually agree as follows:

2. 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 June 30, 2027, and may be renewed for an additional one-year term by mutual written consent of both parties. The City Manager shall have sole and exclusive right to exercise any options contained in this Agreement on behalf of the City.

3. 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", attached hereto and incorporated herein as part of this Agreement.

4. LOCATION OF SERVICES
Contractor agrees to provide the services at the utility box locations as specified in Exhibit “B” attached hereto and incorporated herein within the City for the full term of this Agreement. No changes will be made without prior written approval by the City.

Page 44 of 115 ends

Agreement: Utility Box Measurement and Wrapping Services for Artists to Work Program Version 2025.2 4

5. KEY PROJECT PERSONNEL
Contractor agrees to provide the services of Megan Berumen, Sales Manager 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.

6. 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."

7. 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. Any and all documents, schematics, plans, or other utility box information the city may have for the utility box sites included as part of this Agreement.

B. City shall clean and prepare all utility boxes prior to Contractor installation at the locations as shown in Exhibit “B” attached hereto and incorporated herein.

8. PERFORMANCE SCHEDULE
Both Contractor and the City recognize that time is of the essence in 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 as scheduled as follows:

1. Complete measurements of utility boxes by October 9, 2026.

2. Complete and deliver design templates by October 16, 2026.

3. Complete wrapping of utility boxes by December 4, 2026 (all artist designs to be supplied to Contractor by October 30, 2026).

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.

Page 45 of 115 ends

Agreement: Utility Box Measurement and Wrapping Services for Artists to Work Program Version 2025.2 5

9. ITEMS TO BE DELIVERED TO CITY
The following items shall be delivered by Contractor to the City of La Mesa:

A. See Exhibit "A"

10. COMPENSATION TO CONTRACTOR
The Contractor’s fee for professional services is $86,050 as described on page 1 of Exhibit “A”.

A contingency total in the amount of $10,000 shall be included for any unforeseen expenses for a total contract amount not to exceed $96,050. Twenty-five percent (25%) of Contractors’ fee in the amount of $21,512.50 shall be due upon contract execution.

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.

11. 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:
• City Manager
• City of La Mesa
• 8130 Allison Avenue, La Mesa, CA 91942
• (619) 667-1105
Contractor:
• Megan Berumen, Sales Manager
• Western Sign & Awning, Inc.
• 261 S. Pacific St., San Marcos, CA 92078
• (760) 736-6070

Page 46 of 115 ends

Agreement: Utility Box Measurement and Wrapping Services for Artists to Work Program Version 2025.2 6

12. 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.

This section shall survive termination or expiration of this Agreement.

13. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

The certificate holder should be stated as:

City of La Mesa
Attn: Risk Management
8130 Allison Avenue, La Mesa, CA 91942

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

A. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

B. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

C. Sexual Abuse or Molestation (SAM) Liability (applicable to programs/services working with youth): If the CGL policy referenced above is not endorsed to include affirmative

Page 47 of 115 ends

Agreement: Utility Box Measurement and Wrapping Services for Artists to Work Program Version 2025.2 7
coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

D. Workers’ Compensation: 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 the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If applicable)
F. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

G. Cyber Insurance (If applicable):

Consultant or Vendor shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.

Cyber Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private

Page 48 of 115 ends

Agreement: Utility Box Measurement and Wrapping Services for Artists to Work Program Version 2025.2 8
information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. a. 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 Agency in the care, custody, or control of the Consultant.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. Coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 12 19 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, nonrenewed, 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, nonrenewal, 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

Page 49 of 115 ends

Agreement: Utility Box Measurement and Wrapping Services for Artists to Work Program Version 2025.2 9
endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies (applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause All documents are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. These requirements shall survive expiration or termination of the Agreement.

Special Risks or Circumstances

Page 50 of 115 ends

Agreement: Utility Box Measurement and Wrapping Services for Artists to Work Program Version 2025.2 10
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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, 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.

14. 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 specifying the effective date thereof. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Contractor under this Agreement shall, at the option of the City, become its property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder.

In addition to termination for cause, the City may terminate this Agreement for City’s convenience upon not less than fifteen (15) days written notice to Contractor. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement unless said notice provides otherwise. If this Agreement is terminated as provided in this paragraph for City’s convenience, the Contractor shall be required to provide to City all finished or unfinished documents, data,

Page 51 of 115 ends

Agreement: Utility Box Measurement and Wrapping Services for Artists to Work Program Version 2025.2 11
studies, services, etc., prepared by the Contractor as may be requested by City and such work shall become City’s property upon payment to Contractor for the value of the work performed, less payments of compensation previously made.

Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined.

15. DISPUTE RESOLUTION
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.

16. 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.

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.

Page 52 of 115 ends

Agreement: Utility Box Measurement and Wrapping Services for Artists to Work Program Version 2025.2 12

17. 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.

18. INTEREST OF CONTRACTOR AND EMPLOYEES;

STATEMENT OF ECONOMIC INTERESTS
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.

19. 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.

20. 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.

21. 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.

Page 53 of 115 ends

Agreement: Utility Box Measurement and Wrapping Services for Artists to Work Program Version 2025.2 13

22. FACILITIES AND EQUIPMENT
Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.

23. 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 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.

24. 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 prior to commencement of extra work.

25. OWNERSHIP OF WORK
All finished or unfinished documents, studies, reports, computer files and materials prepared by Contractor and subcontractors under this Agreement shall be considered the property of the City and will be turned over to the City upon demand, but in any event, upon completion of the Project.

The Contractor shall be allowed to retain copies of documents for his permanent records, if desired.

26. 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.

27. 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.

Page 54 of 115 ends

Agreement: Utility Box Measurement and Wrapping Services for Artists to Work Program Version 2025.2 14
Contractor will be compensated for Contractor time and direct personnel expenses as approved by the City.

28. 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.

29. NON-DISCLOSURE
The designs, plans, reports, investigations, materials and documents prepared or acquired by the Contractor pursuant to this Agreement (including any duplicate copies kept by the Contractor) shall not be shown to any other public or private person or entity, except as authorized by the City.

The Contractor shall not disclose to any other public or private person or entity any information regarding the activities of the City except as authorized by the City.

30. 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.

31. 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.

32. 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

Page 55 of 115 ends

Agreement: Utility Box Measurement and Wrapping Services for Artists to Work Program Version 2025.2 15
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.

33. 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.

34. OTHER PUBLIC AGENCIES
If this Agreement is based on a competitive solicitation, other public agencies may piggyback on this Agreement in order to enter into contracts with the Contractor for any and all services specified within.
(PROCEED TO NEXT PAGE)

Page 56 of 115 ends

Agreement: Utility Box Measurement and Wrapping Services for Artists to Work Program Version 2025.2 16

35. SIGNATURES
IN WITNESS WHEREOF, City and Contractor have executed the Agreement.

WESTERN SIGN & AWNING, INC. (DBA Western Sign Systems)
By: _________________________________ Date: _____________ Jeremy Del Gatto, General Manager

CITY OF LA MESA,
A Municipal Corporation
By: _________________________________ Date: _____________ Dr. Mark Arapostathis, Mayor
By: _________________________________ Date: _____________ Greg Humora, City Manager

APPROVED AS TO FORM
By: _________________________________

CITY ATTORNEY
Attachment: Exhibit A – Scope of Work and Fee Schedule
Exhibit B – Utility Box Locations

Page 57 of 115 ends

PAGE 1

JOB PROPOSAL
CLIENT: La Mesa Park & Recreation Foundation PROJECT: La Mesa 4975 Memorial Drive UTILITY BOX WRAPS
La Mesa, CA 91942 VARIOUS LOCATIONS
PHONE: 619.667.1319 BASED ON WORD DOCUMENT PROVIDED
EMAIL: [email protected] BY CITY OF LA MESA

DESCRIPTION QUANTITY SUBTOTAL TOTAL

NEW DIGITALLY PRINTED WRAPS FOR EXISTING UTILITY BOXES
** DOES NOT INCLUDE CLEANING AND PREPPING
**ARTWORK TO BE PROVIDED BY OTHERS
**VARIOUS SIZES LARGE 11 $3,500.00 $38,500.00
MEDIUM 12 $2,800.00 $33,600.00
SMALL 4 $1,800.00 $7,200.00
FIELD VERIFY SIZES 1 $6,750.00 $6,750.00
**FINAL COST TO BE DETERMINED ONCE FIELD CHECK IS COMPLETED/ CONTINGENT ON SIZING OF BOXES ADDITIONAL: Sales Tax Included
Engineering Fee At Cost N/A
Permit Secural Fee N/A
Permit At Cost N/A
I acknowledge acceptance of the above-described job for the sum of: $86,050.00 This will be the total job cost unless additional charges are requested by Western Sign & Awning, Inc.

TERMS: $21,512.50
Progress payment of 25% due after Survey, Balance Due Upon Completion.

Project Coordinator:

Customer Signature:

Please Print Name:

Officer Signature:

Signature of Officer of Western Sign & Awning, Inc. dba Western Sign Systems required to validate contract.

Megan Berumen
SCOPE OF WORK: Western Sign & Awning will Manufacture and Install the following per Customer Approved Design & Request September 14, 2026
•Primary electrical to sign to be provided by Others. As part of installation process, Western Sign & Awning will connect sign to an adequate unobstructed electrical circuit, if available, within 6 ft. of display. In any event, job shall be considered complete at time sign is installed and tested. •Western Sign & Awning will not be responsible for plants/landscaping damage by hole digging and installation equipment - we must have clear access. Footing installation assumed to be in normal sandy city soil with no underground obstruction. Should other conditions be discovered, Buyer to be notified if available. In any event, extra services to be billed to Buyer on time & materials basis.
•If either party commences an action or proceeding against the other party arising out of or in connection with this Contract, including an action seeking a declaration of rights hereunder, the prevailing party shall, in addition to any other relief awarded or obtained, whether by settlement, arbitration, complete adjudication or otherwise, be entitled to recover from the losing party reasonable attorneys' fees and costs of suit.
•Interest expense of 1.5% per month will be incurred for all past due amounts over 30 days. Removal of signage allowed for non-payment. 25% DUE ON SIGNATURE
*** Prices on this contract are valid for 60 days. Changes to Scope of Work will result in a Change Order. THIS IS NOT A FIXED PRICE CONTRACT = ONLY the signs and labor items listed above, and their associated quantities are part of our Scope of Work. Additional signage requirements or requests will result in a Change Order. •Payment made by Credit Card will incur an additional 3% fee. 261 S. PACIFIC STREET • SAN MARCOS, CA 92078 • (760) 736-6070 • FAX (760) 736-6073 • CA LIC #863570 EXHIBIT "A' - SCOPE OF

WORK & FEE

SCHEDULE

Page 58 of 115 ends

1. Spring Street and Allison Avenue
• Five utility boxes in this area
EXHIBIT "B" - UTILITY BOX LOCATIONS

Page 59 of 115 ends

2. Spring Street and La Mesa Blvd.
• Five utility boxes in this area

Page 60 of 115 ends

3. Spring Street and Lemon Avenue
• Three utility boxes in this area

Page 61 of 115 ends

4. Spring Street and University Avenue
• Six utility boxes in this area

Page 62 of 115 ends

5. University Avenue and La Mesa Blvd
• 5 utility boxes in this area

Page 63 of 115 ends

6. MacArthur Park – Memorial Drive
• Three utility boxes

Page 64 of 115 ends

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: September 22, 2026
SUBJECT: RESOLUTION ACCEPTING BID 27-05 AND

AWARDING A CONSTRUCTION CONTRACT TO

MIRAMAR GENERAL ENGINEERING FOR THE

TOWER STREET IMPROVEMENTS PROJECT
(CAPITAL IMPROVEMENT PROJECT NO. 8307)
ISSUING DEPARTMENT: Public Works
Recommendation:

That the City Council adopt a resolution accepting Bid 27-05 and awarding a construction contract to Miramar General Engineering in the amount of $437,777 for the Tower Street Improvements Project (Capital Improvement Project No. 8037)
Fiscal Impact:

Funding for the $437,777 construction contract is available in Capital Improvement Project No. 8037 through State Park Grant and Community Development Block Grant (CDBG) funds.

City’s Strategic Goals:
 Invest in infrastructure to serve the needs of the community.  Maintain a community where residents and visitors feel safe.

Climate Action Plan Reduction Strategy:
 T-1: Bicycle and Pedestrian Infrastructure Development

Page 65 of 115 ends

Report to Mayor and Councilmembers
Date: September 22nd, 2026
Page: 2 of 3
BACKGROUND:

Tower Street, between 70th Street and the western City Limit, serves Rolando Elementary School and Sunshine Park and lacks a continuous sidewalk on the north side of the street.

In Fiscal Year 2022-2023, the City received a $500,000 State Park Grant to design and construct pedestrian improvements along this segment of Tower Street. A portion of the grant funded the project’s plans, specifications, and estimate (PS&E). The remaining construction costs will be funded through the State Park grant and Fiscal Year 2027 CDBG funds.

The project includes approximately 1,200 linear feet of new sidewalk, curb and gutter, curb ramps, cross gutters, driveway reconstruction, and pavement maintenance.

DISCUSSION:

On August 24th, 2026, the City advertised A Notice Inviting Bids for the Tower Street Improvements Project. Thirteen bids were received electronically on September 10, 2026 (see Attachment C). All bids were below the Engineer’s estimate.

Miramar General Engineering submitted the lowest responsive bid in the amount of $437,777.00, as shown on Attachment C, Bid Tabulation. Staff reviewed the bid and recommends awarding the construction contract to Miramar General Engineering.

The contract provides 90 working days for completion. Construction is anticipated to begin in November 2026 and be completed by March 2027.

CONCLUSION:

Staff recommends that the City Council adopt the attached resolution accepting Bid No. 27-05 and awarding a construction contract for the Tower Street Improvements Project to Miramar General Engineering in the amount of $437,777.

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

Page 66 of 115 ends

Report to Mayor and Councilmembers
Date: September 22nd, 2026
Page: 3 of 3
____________________________
Carly Cubberley, PE
Engineering Project Manager
Attachments: A. Resolution Bid 27-05, Tower Street Improvements Project B. Bid 27-05 Bid Tabulation

Page 67 of 115 ends

ATTACHMENT A
RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
ACCEPTING BID 27-05 AND AWARDING A CONSTRUCTION

CONTRACT TO MIRAMAR GENERAL ENGINEERING FOR THE

TOWER STREET IMPROVEMENTS PROJECT (CAPITAL
IMPROVEMENT PROJECT NO. 8307)
WHEREAS, the City of La Mesa has a strategic goal to invest in infrastructure to serve the needs of the community;
WHEREAS, the City advertised a notice inviting bids on August 24th, 2026; WHEREAS, the City received thirteen bids on the bid opening date of September 10th, 2026; and
WHEREAS, based on the base bid, the low bidder, Miramar General Engineering, was found to be a responsive and responsible bidder.

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

1. Miramar General Engineering was determined to be the lowest responsive and responsible bid with a base bid in the amount of $437,777 for Bid 27-

05. Said bid is on file in the office of the City Clerk.

2. The Mayor is hereby authorized to accept and execute a contract with Miramar General Engineering to perform the work at the prices set forth in said base bid.

3. The Director of Public Works is authorized to approve the substitution of subcontractors.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 22nd day of September 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

Page 68 of 115 ends

ATTACHMENT A

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

Page 69 of 115 ends

Bidders Base Bid Bid Total
1 Miramar General Engineering $ 437,777.00 $ 437,777.00 2 RGC General Engineering Inc. $ 484,323.60 $ 484,323.60 3 Palm Engineering Construction Co., Inc. $ 562,375.40 $ 562,375.40 4 L C Paving & Sealing, Inc. $ 574,734.00 $ 574,734.00
5 EC Construction $ 592,141.94 $ 592,141.94
6 Dick Miller Inc. $ 673,957.00 $ 673,957.00
7 Onyx Paving Company Inc. $ 696,000.00 $ 696,000.00
8 Prestige Prime Engineering $ 696,078.00 $ 696,078.00
9 All American Building Services $ 705,095.00 $ 705,095.00 10 Joe's Paving Company, Inc. $ 728,260.81 $ 728,260.81 11 Neema General Contracting $ 829,100.00 $ 829,100.00
12 Fordyce Construction, Inc. $ 849,283.00 $ 849,283.00 13 Aster Construction Services Inc. $ 877,533.00 $ 877,533.00 Engineer's Estimate $ 898,000.00 $ 898,000.00
Bid Tabulation
BID 27-05 Tower Street Improvements Project
All bids compared on the basis of BASE BID

Page 70 of 115 ends

Page 71 of 115 ends

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: September 22, 2026
SUBJECT: RESOLUTION AUTHORIZING CONTRACT CHANGE
ORDER NO. 2 WITH SC VALLEY ENGINEERING, INC. FOR
THE PHASE 6 SEWER IMPROVEMENT PROJECT BID NO.
25-12 (CAPITAL IMPROVEMENT PROJECT NO. 8103)
ISSUING DEPARTMENT: Public Works
Recommendation:

That the City Council adopt a resolution authorizing Contract Change Order No. 2 with SC Valley Engineering, Inc. in the amount of $347,469.46 for the Phase 6 Sewer Improvement Project (Bid No. 25-12, CIP 8103) and approving a 20-day contract time extension.

Fiscal Impact:

Funding for Contract Change Order No. 2 is available in sewer-funded CIP No. 8103. The project is financed through the California State Revolving Fund (SRF) Program, administered by the State Water Resources Control Board. Eligible construction costs are reimbursed through the program and amortized over a 20- year period at an interest rate of 1.65%.

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

BACKGROUND:

On August 12, 2025, the City Council awarded a construction contract to SC Valley Engineering, Inc. in the amount of $5,985,284.71 for the Phase 6 Sewer Improvement Project, Bid No. 25-12. The project replaces aging and undersized sewer pipelines and deteriorated manholes within the Vista La Mesa neighborhood.

Page 72 of 115 ends

Report to Mayor and Councilmembers
Date: September 22, 2026
Page: 2 of 3
Construction is approximately 99% complete and is currently in the post-construction phase. During construction, unforeseen subsurface conditions and additional infrastructure needs resulted in changes to the original scope of work.

DISCUSSION:

During construction, significant areas of solid granite were encountered under Charles Street and Hybeth Drive. These conditions required extensive rock breaking, additional excavation, removal of unsuitable material, and imported backfill. Wider excavations also resulted in additional pavement restoration costs.

Additional work included expanded pavement rehabilitation to address existing pavement cracking and provide a more durable finished surface, as well as replacement of the deteriorated ADA curb ramp and cross-gutter near Massachusetts Avenue and Blackton Drive.

These additional costs were partially offset by reductions in the original contract scope.

Approximately 17 bid items were reduced based on actual field quantities and conditions, including reductions in sewer pipe, manholes, and related work. Sewer backflow devices were also removed from the scope due to concerns regarding existing private sewer laterals.

The original 1950s-60s sewer was installed using explosives to fracture the rock, and the broken rock was added back on top of the old pipe. This necessitated additional export of material and import of new backfill.

Costs associated with the changed conditions and additional work were determined using applicable bid unit prices, documented time-and-material costs, and negotiated pricing, as appropriate. Work performed on a time-and-material basis was monitored by the City’s contract inspector.

Contract Change Order No. 2 results in a net contract increase of $347,469.46 and includes a 20-working-day extension, establishing a revised contract completion date of November 10, 2026. The total contract amount including Contract Change Order No. 1 ($39,936.86) is $6,372,691.03. Contract change orders represent a 6% increase from the original contract amount (Attachment B).

CONCLUSION:

Staff recommends that the City Council adopt the attached resolution authorizing Contract Change Order No. 2 with SC Valley Engineering, Inc., in the amount of $347,469.46, and approving a 20-day extension to the contract duration for the Phase 6 Sewer

Page 73 of 115 ends

Report to Mayor and Councilmembers
Date: September 22, 2026
Page: 3 of 3
Improvement Project, Bid 25-12, CIP No. 8103.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
Attachments: A. Phase 6 Sewer CCO2 Resolution
B. Phase 6 Sewer CCO2

Page 74 of 115 ends

ATTACHMENT A
RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING CONTRACT CHANGE ORDER NO. 2 WITH SC VALLEY
ENGINEERING, INC., FOR THE PHASE 6 SEWER IMPROVEMENT
PROJECT, BID 25-12 (CAPITAL IMPROVEMENT PROJECT NO. 8103) WHEREAS, the City of La Mesa has a strategic goal to invest in infrastructure to serve the needs of the community;
WHEREAS, on August 12, 2025, the City Council awarded a construction contract to SC Valley Engineering, Inc. in the amount of $5,985,284.71 for the Phase 6 Sewer Improvement Project, Bid 25-12;
WHEREAS, during construction, unforeseen subsurface and field conditions were encountered, including significant areas of solid granite rock that required additional excavation, rock breaking, material removal, backfill, and pavement restoration;
WHEREAS, additional work was necessary to address pavement conditions and replace deteriorated infrastructure within the project area; WHEREAS, certain bid items and quantities were reduced or eliminated based on actual field conditions and project needs, partially offsetting the cost of the additional work;
WHEREAS, Contract Change Order No.2 provides for the net increase of $347,469.46 and a 20-working-day extension to the contract duration; and WHEREAS, Administrative Instruction F-13 requires City Council approval of Public Works construction change orders exceeding $25,000.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the Mayor is hereby authorized and instructed to execute for and on behalf of said City, Contract Change Order No. 2 with SC Valley Engineering, Inc. in the amount of $347,469.46 for the Phase 6 Sewer Improvement Project, Bid 25-12, Capital Improvement Project No. 8103, including a 20-working-day extension to the contract duration. Said contract change order is on file in the office of the City Clerk.

Page 75 of 115 ends

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 22
nd day of September 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF THE 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. 2026- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

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

Page 76 of 115 ends

Page 77 of 115 ends

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: September 22, 2026
SUBJECT: RESOLUTION WAIVING COMPETITIVE BIDDING
PURSUANT TO MUNICIPAL CODE SECTION 2.40.070
(A)(5)(7), APPROPRIATING GENERAL FUND

RESERVES, AND AWARDING A CONSTRUCTION
CONTRACT TO B&B MECHANICAL, INC., FOR THE

POLICE STATION COOLING TOWER REPLACEMENT
PROJECT (CIP NO. 8641)
ISSUING DEPARTMENT: Public Works
Recommendation:

That the City Council adopt a resolution waiving competitive bidding pursuant to Municipal Code Section 2.40.070 (a)(5)(7), appropriating General Fund reserves, and awarding a construction contract to B&B Mechanical, Inc. in the amount of $289,683 for the Police Station Cooling Tower Replacement Project (CIP No. 8641).

Fiscal Impact:

Funding in the amount of $289,683 is available from General Fund reserves for appropriation to Capital Improvement Project (CIP) 8641-6830.

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

BACKGROUND:

The City of La Mesa’s current police station was completed in 2010 and includes two rooftop cooling towers that support the facility’s heating, ventilation, and air conditioning (HVAC) system.

Page 78 of 115 ends

Report to Mayor and Councilmembers
Date: September 22, 2026
Page: 2 of 3
The cooling towers are approximately 16 years old and exhibit visible signs of deterioration. B&B Mechanical, Inc. conducted a condition assessment to evaluate the equipment and determine whether replacement is warranted. The assessment identified significant corrosion and deterioration of structural supports, basin components, panel seams, framing, and galvanized components, as well as evidence of prolonged water leakage.

Based on these conditions, the assessment concluded that continued operation increases the potential for equipment failure, water leakage, vibration-related issues, and unplanned downtime and recommended replacement of the cooling towers.

DISCUSSION:

Based on the condition assessment, staff obtained a scope of work from B&B Mechanical, Inc. to replace the existing cooling towers and associated equipment. The proposed work includes two BAC VF1-018-42J closed-circuit cooling towers, two variable frequency drives, associated components and installation, and manufacturer warranties.

Staff recommends waiving competitive bidding and awarding a contract to B&B Mechanical, Inc. pursuant to Municipal Code Section 2.40.070 (a)(5)(7). B&B Mechanical has previously performed satisfactory work at the City facilities and has direct knowledge of the police station’s HVAC systems. Given the condition of the existing equipment and B&B Mechanical’s familiarity with the facility, staff recommends proceeding with the proposed replacement to reduce the potential of equipment failure and subsequent disruption to police and dispatch services.

CONCLUSION:

Staff recommends that the City Council adopt the attached resolution waiving competitive bidding pursuant to Municipal Code Section 2.40.070(a)(5)(7), appropriating $289,683 from General Fund reserves, and awarding a construction contract to B&B Mechanical, Inc. for the Police Station Cooling Tower Replacement Project (CIP No.8641).

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

Page 79 of 115 ends

Report to Mayor and Councilmembers
Date: September 22, 2026
Page: 3 of 3
Attachments: A. Resolution
B. Cooling Tower Condition Assessment
C. B&B Mechanical Scope of Work

Page 80 of 115 ends

ATTACHMENT A
RESOLUTION NO. 2026-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA

WAIVING COMPETITIVE BIDDING REQUIREMENTS PURSUANT TO
LA MESA MUNICIPAL CODE SECTION 2.40.070(a)(5)(7),

APPROPRIATING GENERAL FUND RESERVES, AND AWARDING A
CONSTRUCTION CONTRACT TO B&B MECHANICAL, INC., FOR THE

POLICE STATION COOLING TOWER REPLACEMENT PROJECT
(CAPITAL IMPROVEMENT PROJECT NO. 8641)
WHEREAS, the City of La Mesa has a strategic goal to invest in infrastructure to serve the needs of the community;
WHEREAS, the City’s police station utilizes two rooftop cooling towers that support the facility’s heating, ventilation, and air conditioning system; WHEREAS, a condition assessment cooling towers identified significant corrosion, deterioration, and evidence of prolonged water leakage and recommended replacement of the equipment;
WHEREAS, continued operation of the existing cooling towers presents an increased risk of equipment failure, water leakage, vibration-related issues, and unplanned disruption to police and public safety dispatch services; WHEREAS, B&B Mechanical, Inc. submitted a proposal in the amount of $289,683 to replace the cooling towers and associated equipment; WHEREAS, pursuant to La Mesa Municipal Code Section 2.40.070(a)(5)(7), the City Council may waive bidding under qualifying circumstances; and WHEREAS, the City Council finds that the circumstances described above support waiving the competitive bidding and awarding the contract to B&B Mechanical, Inc.

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

1. The City Council hereby waives competitive bidding pursuant to La Mesa Municipal Code Section 2.40.070(a)(5)(7) for the Police Station Cooling Tower Replacement Project.

2. The City Council hereby appropriates $289,683 from the General Fund reserves to Capital Improvement Project No. 8641-6830 for the Police Station Cooling Tower Replacement Project.

Page 81 of 115 ends

ATTACHMENT A

3. The City Council hereby awards a construction contract to B&B Mechanical, Inc. in the amount of $289,683 for the Police Station Cooling Tower Replacement Project.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to accept and execute a contract with B&B Mechanical, Inc. to perform the work at the prices set forth in the cost proposal dated May 14, 2026.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 22
nd day of September 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF THE 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. 2026-_____, duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

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

Page 82 of 115 ends

B&B Mechanical Inc [email protected]
Phone: 619-713-0400 Fax: 760-266-7195 License #1001006
____________________________________________________________________________ Date 05/13/2026
Subject: Cooling Tower Condition Assessment & Replacement Recommendation Attn: City of La Mesa
During our recent inspection of the existing cooling towers serving the facility, B&B Mechanical identified severe deterioration and corrosion throughout both units. The condition of the equipment has progressed well beyond normal service wear and is now impacting both reliability and system capacity.

Observed conditions include, but are not limited to:
• Extensive structural corrosion at the tower support sections and spring isolation assemblies • Significant rusting and metal degradation at the basin supports and lower structural members • Advanced corrosion at panel seams, casing sections, and structural framing • Deterioration of galvanized components caused by prolonged exposure to water and chemical conditions
• Evidence of long-term water leakage and corrosion at the tower base and curb areas • General structural weakening of the equipment and support assemblies Based on the current condition of the towers, continued operation presents increasing risk of equipment failure, water leakage, vibration-related issues, and unplanned downtime.

In addition to the physical deterioration, the facility currently does not maintain adequate cooling capacity while operating on only one cooling tower. During periods when one tower is offline, the remaining tower is unable to satisfy condenser water demand for the building, resulting in reduced system performance and limited cooling capability during higher load conditions.

Pictures attached below for reference.

Due to the extent of deterioration and the operational limitations observed, B&B Mechanical recommends replacement of both cooling towers as outlined in our proposal. The proposed replacement includes new BAC cooling towers with 304 stainless steel basins, new spring isolators, stainless steel curb caps, and variable frequency drives to improve reliability, longevity, and overall system performance.

Please contact us with any questions regarding the proposed work or inspection findings. We appreciate the opportunity to assist with this project.

Sincerely,
Terrence Lewis
CEO
Office: 619-713-0400
Cell: 619-987-7222
[email protected]

Page 83 of 115 ends

Page 84 of 115 ends

Page 85 of 115 ends

Page 86 of 115 ends

Page 87 of 115 ends

Page 88 of 115 ends

Page 89 of 115 ends

Page 90 of 115 ends

Page 91 of 115 ends

g ro u p @@@z l5 7 3 j4 h u 9 q 7 d d u q v e v k v z d j@@@ [email protected]
(619) 713-0400
Commercial Service and HVAC
Retrofit Specialist
Estimate: 143931218
Project:

Estimate Date: 5/14/2026
Billing Address:

City of La Mesa
8130 Allison Avenue
La Mesa, CA 91942 USA
Job Address:

Police Department
8085 University Avenue
La Mesa, CA 91942 USA
Estimate Details
PROPOSAL – COOLING TOWER REPLACEMENT
La Mesa Police Department
8085 University Ave.

La Mesa, CA 91942
B&B Mechanical proposes to furnish all labor, material, equipment, rigging, supervision, startup, and coordination necessary to remove the existing cooling towers and install two (2) new BAC closed-circuit cooling towers complete with vibration isolation, new curb caps, and variable frequency drives.

EXISTING SYSTEM CONDITION
At the time of inspection, the existing cooling towers were found to be significantly deteriorated due to age and operating condition. Existing equipment shows substantial wear and degradation affecting overall system reliability and performance.

The facility is currently operating with limited cooling capacity, and the building is unable to adequately maintain cooling demand when operating on a single cooling tower. Replacement of both towers is recommended to restore reliable condenser water performance and maintain proper building cooling operation during peak demand conditions.

PROJECT SCOPE
• Recover and remove existing two (2) cooling towers and associated materials as required for replacement. • Furnish and install two (2) BAC model VF1-018-42J closed-circuit cooling towers or approved equal. • New cooling towers to include 304 stainless-steel cold-water basins. • Furnish and install eight (8) spring isolators for vibration isolation. • Furnish and install two (2) ABB variable frequency drives for cooling tower fan motors. • Furnish and install new stainless steel curb caps/adapters as required for proper tower installation and weatherproof transition to existing roof curb/support system.
• Disconnect and reconnect existing condenser water piping, controls, make-up water, drains, overflow piping, and electrical services as required for installation.
• Provide crane, rigging, certified operators, and traffic control required for removal and setting of equipment. • Coordinate required Saturday shutdown and street closure for crane operations and equipment access. • Perform startup and operational checkout of newly installed equipment. • Remove and legally dispose of demolished equipment and related debris from site. • Perform Passivation on new towers
• Provide and install new Chemical Controls and piping with new pumps

Page 92 of 115 ends

EQUIPMENT INCLUDED
Cooling Towers (Qty. 2)
• BAC VF1-018-42J closed-circuit cooling towers
• 7.5 HP fan motors
• Integral pumps
• PVC fill and drift eliminators
• Grooved coil connections
• 304 stainless steel cold water basins
• Factory assembled and CTI certified
Variable Frequency Drives (Qty. 2)
• ABB ACH580 series VFDs
• NEMA 4X outdoor enclosures
• Integral disconnects
• BACnet MS/TP compatibility

ADDITIONAL INCLUDED ITEMS
• Eight (8) spring isolators
• New stainless steel curb caps/adapters
• Saturday crane and rigging services
• Street shutdown traffic control coordination
• Standard startup and commissioning assistance

SCHEDULING / LEAD TIME
• Current estimated equipment lead time is approximately seven (7) to eight (8) weeks from approved submittals and release to production.
• Work is planned to be performed during a scheduled Saturday shutdown due to required street closure and crane lift operations.

WARRANTY
• Manufacturer’s standard warranty on cooling towers and VFD equipment applies. • B&B Mechanical warrants installation workmanship for a period of one (1) year from date of substantial completion. • Warranty excludes failures caused by improper operation, lack of maintenance, power quality issues, chemical imbalance, freezing conditions, vandalism, or acts beyond contractor control. • Existing piping, valves, controls, electrical systems, and structural supports not replaced under this proposal are excluded from warranty coverage.

EXCLUSIONS
Unless specifically included above, proposal excludes the following:
• Structural engineering or reinforcement of existing supports • Seismic anchoring design and calculations
• Roof repairs or waterproofing outside immediate curb cap work area • Replacement of existing condenser water piping or valves beyond required reconnection

Page 93 of 115 ends

• BAS programming or controls integration beyond point-to-point reconnection • Permanent electrical service upgrades
• Permit fees, traffic permits, or police flagging fees unless specifically identified • Asbestos abatement or hazardous material remediation
• Rental cooling or temporary cooling systems
• Repairs to concealed conditions discovered during demolition • Corrosion or deterioration of existing supports, piping, or infrastructure discovered after equipment removal • Structural steel modifications not specifically identified in this proposal • Roof reinforcement
• Patching and painting

PROJECT CLARIFICATIONS
• Work is scheduled to be performed during a planned Saturday shutdown to minimize disruption to building operations and accommodate required street shutdown for crane access. • Street shutdown coordination is included; however, city permit fees and third-party municipal costs are excluded unless specifically noted otherwise.
• Existing utilities and supports are assumed reusable unless concealed deficiencies are discovered during demolition. • Any unforeseen structural, electrical, or piping modifications required beyond normal reconnection will be quoted separately.
• Pricing is subject to final field verification and approved submittals. • Lead times are subject to manufacturer availability at time of order. • Prevailing Wage Rates
• Bonding cost included in proposal

NAME DESCRIPTION QTY PRICE TOTAL
Cost of Services Cost of Services Including all Labor and Material 1 $289,863.00 $289,863.00 Services $289,863.00
Estimate Total
Estimate Sub-Total $289,863.00
Total To Pay $289,863.00
Thanks for the opportunity to bid the work. Upon approval or any questions please email [email protected] or call the Office at (619)713-0400 Authorization Signature

Page 94 of 115 ends

Signature Date

Page 95 of 115 ends

Page 96 of 115 ends

DATE: September 22, 2026
TO: Mayor and Members of the City Council
FROM: Lyn Dedmon, Assistant to the City Manager
VIA: Greg Humora, City Manager
SUBJECT: ANALYSIS OF THE FEASIBILITY AND IMPLEMENTATION OF

PARKING MODIFICATIONS IN THE DOWNTOWN VILLAGE

BACKGROUND
At the May 26, 2026, City Council meeting, the City Council directed staff to assess the feasibility and implementation of five infrastructure modifications intended to provide additional parking spaces on the east side of Spring Street in Downtown La Mesa.

Specifically, City Council directed staff to evaluate and return with findings and recommendations on the following items:

1. Reduce the length of the red curb on Allison Avenue just west of Coin Haus (8361 Allison Ave.) to increase metered spaces.

2. Convert the loading zone in front of Turpin and Rattan (4719 Palm Ave.) to standard metered parking.

3. Relocate five La Mesa metal bike racks from La Mesa Blvd. to adjacent sidewalks, positioned at sidewalk edges to maintain clear pedestrian flow. The vacated areas would be restriped as dedicated golf cart parking.

4. Remove the trees in the landscaped area of the Allison Avenue Parking Lot, then grade, pave, and stripe approximately 1,700 square feet of space for an estimated five to six additional parking spaces.

5. Paint parking T’s on all downtown streets within the boundaries of Allison Ave. (north), Spring St. (west), 4th St. (east), and Fresno Ave. (south).

Following the May 26 City Council meeting, staff were also requested to analyze the red curb on Palm Ave. at Sprouts Market (4630 Palm Ave.) to determine whether additional parking spaces could be added at that location.

Page 97 of 115 ends

DISCUSSION
Staff completed analysis of six proposed parking modifications and developed recommendations for each as follows:

1. Reduce the length of the red curb on Allison Avenue just west of Coin Haus (8361 Allison Ave.) to increase metered spaces.

Analysis: A sight distance review was completed for the left-turn movement exiting the Allison parking lot at Pine St. to determine whether the existing red curb on Allison Ave. could be reduced to accommodate more metered parking.

Recommendation: One additional metered parking space can be added without impacting sight distance.

2. Convert the loading zone in front of Turpin and Rattan (4719 Palm Ave.) to standard metered parking.

Analysis: Staff analyzed the passenger loading zone to determine the maximum number of metered parking spaces that could be added.

Recommendation: Two metered parking spaces can be added with 19 feet of passenger loading zone remaining. The remaining passenger loading zone is at the request of Turpin and Rattan to accommodate delivery services.

Analysis: Staff analyzed the metal bike rack locations to determine whether golf cart parking can be added in these areas. Staff also researched golf cart parking standards and options to relocate the metal bike racks to sidewalk areas.

Recommendation: Staff identified five locations where golf cart parking can be added east of Spring St. where metal bicycle racks are located and one location west of Spring St. without a bicycle rack. Staff determined the most common golf cart parking dimensions among cities with codified standards is 5’-0” wide x 10’- 0” long. One golf cart space can be added at each location. At this time, staff is unable to recommend where to relocate the bicycle racks, as outdoor dining plans are still being finalized and downtown furniture may be relocated. Staff recommends adding golf cart parking in two areas to observe parking behavior for a set period prior to expanding to additional areas, with all golf cart parking being metered. At the September 15th Parking Commission Meeting, the Commission indicated support for converting these identified locations to metered motorcycle parking spaces.

Page 98 of 115 ends

Analysis: Staff determined that removing the trees and paving the landscaped area is feasible. However, the estimated cost is $50,000, excluding relocation of existing utilities.

Recommendation: Staff recommends not pursuing this parking modification due to cost. The Parking Commission has weighed in on this modification and does not support removing the trees, noting that funding is needed to renovate the Allison Avenue Parking Lot, which is included in the Commission’s Workplan.

5. Paint parking T’s on all downtown streets within the boundaries of Allison Ave. (north), Spring St. (west), 4th St. (east), and Fresno Ave. (south).

Analysis: Staff reviewed the feasibility of installing Parking T markings on all Downtown streets within the boundaries of Allison Avenue (north), Spring Street (west), 4th Street (east), and Fresno Avenue (south).

Staff has completed an analysis of the Downtown residential neighborhoods to determine where Parking T’s could be installed. Because individual parking habits vary and are difficult to predict, staff cannot determine whether the installation of T’s will result in a net gain or loss of total available parking.

However, installation will create organized, consistent parking patterns and help optimize the use of existing curb space.

The City currently administers a Parking T Marking Policy, adopted on February 27, 2024, which guides installation of Parking T’s in residential neighborhoods through a petition process. Under this policy, residents must submit both an application and petition, and at least 66 percent of affected households must approve installation before parking space markings are added.

Recommendation: Staff recommends that the City Council authorize staff to begin neighborhood engagement in accordance with the adopted Parking T Marking Policy for residential areas.

6. Analyze the red curb on Palm Ave. at Sprouts Market (4630 Palm Ave.) to determine whether additional parking spaces could be added Analysis: Staff analyzed both approaches to the ingress and egress of Sprouts Market on Palm Ave. using adopted sight distance standards to determine if the red curb on Palm Ave. could be reduced to add metered parking.

Recommendation: Staff recommends retaining the red curb as no portion of the existing red curb can be converted to parking due to sight distance standards.

Page 99 of 115 ends

At the September 22, 2026, City Council meeting, staff will present a summary of the City Council’s direction, staff’s analysis of each proposed modification, and corresponding recommendations. The presentation is intended to support City Council discussion of available options and provide direction regarding next steps.

Page 100 of 115 ends

DATE: September 22, 2026
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING SECTIONS

2.30.020, 2.32.030, 2.73.010, 2.85.010, AND 2.87.010 OF THE LA MESA

MUNICIPAL CODE REGARDING MEMBERSHIP REQUIREMENTS FOR

CERTAIN CITY BOARDS AND COMMISSIONS

BACKGROUND
From time to time, staff reviews the City’s board and commission processes to ensure membership requirements remain clear, consistent, and flexible enough to support full participation. During this review, staff identified several areas where updates would improve alignment across commissions and ensure vacancies can be filled promptly to maintain quorums.

DISCUSSION
To standardize and modernize membership requirements across the City's various boards and commissions, an ordinance is proposed to update requirements for the Arts and Culture Commission, Community Police Oversight Board (CPOB), Community Relations and Veterans Commission, Environmental Sustainability Commission, and Parks and Recreation Commission. The proposed changes expand eligibility, improve consistency, and help prevent vacancies that delay or cancel meetings.

Summary of Key Changes
Arts and Culture Commission
 Membership requirements are updated to clarify the meaning of “direct relationship”
 Aligns terminology with the CPOB and Community Relations/Veterans Commission.

Community Relations and Veterans Commission and CPOB

Page 101 of 115 ends

Specified membership categories would be amended:
 To allow an individual to meet the applicable membership requirement by being a resident elector of the City.
 Being employed at a place of business located within the City with a direct relationship to the applicable board or commission membership category  Serve in a volunteer capacity at a nonprofit organization located within the City with a direct relationship to the applicable board or commission membership category.

Environmental Sustainability Commission
 Allows the City Council to appoint an individual to an at-large seat if an appointment cannot be made that meets the qualifications for a specific seat.

Parks and Recreation Commission
Updates requirements for representatives of the La Mesa–Spring Valley School District and Grossmont Union High School District:
 Removes the requirement that the representative must be a resident of the City. resident elector requirement.
 The respective representatives may instead be employed at a school located within the City or serve on the governing board of their respective school district.

These changes will create greater consistency among the membership requirements for the City's various boards and commissions. The expanded eligibility provisions enhance the facilitation of filling vacancies, mitigate the cancellation of board and commission meetings (due to a lack of a quorum) and foster full membership of boards and commissions.

RECOMMENDATION
Staff recommends the City Council approve the first reading and introduction of an ordinance amending sections 2.30.020, 2.32.030, 2.73.010, 2.85.010, and 2.87.010 of the La Mesa Municipal Code regarding membership requirements for certain City boards and commissions.

Page 102 of 115 ends

Page 1 of 4 ends

ORDINANCE NO. 2026-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA AMENDING SECTIONS 2.30.020, 2.32.030, 2.73.010, 2.85.010, AND

2.87.010 OF THE LA MESA MUNICIPAL CODE REGARDING

MEMBERSHIP REQUIREMENTS FOR CERTAIN CITY BOARDS AND

COMMISSIONS
THE CITY COUNCIL OF THE CITY OF LA MESA DOES ORDAIN AS FOLLOWS:

SECTION 1: Section 2.30.020 of the La Mesa Municipal Code is hereby amended to read as follows:
“The CPOB shall consist of eleven (11) voting members appointed by the Mayor in consultation with one other City Council member and confirmed by the City Council.

The CPOB voting members shall include:
 one (1) representative from each of the four (4) beat areas of the City,  one (1) representative of a La Mesa faith-based community,  one (1) representative of the La Mesa business community,  one (1) adult (at least 18 years of age) employee or designee of Helix Charter High School,
 one (1) adult (at least 18 years of age) employee or designee of the La Mesa-Spring Valley School District,
 one (1) adult between the ages of 18 to 30,
 one (1) advocate for people experiencing homelessness, substance abuse, mental health or other social issues, and
 one (1) adult aged 62 or older.

All eleven (11) members shall be resident electors of the City or be employed at a place of business in the City with a direct relationship, as determined by the City Council, to the board membership categories listed above, or serve in a volunteer capacity at a non-profit organization in the City with a direct relationship, as determined by the City Council, to the board membership categories listed above. (b) The CPOB shall create an internship program for La Mesa residents currently enrolled in high school or college and between the ages 16 and 22, inclusive, through which students may serve as temporary, non-voting CPOB members. (c) The Mayor and City Council shall strive to appoint CPOB members who reflect a diverse representation of the community and include individuals with diverse backgrounds, experiences, economic status, interactions with law enforcement, and beliefs. A criminal record shall not cause exclusion.

Page 103 of 115 ends

Page 2 of 4 ends

(d) No current public safety officers or members of their immediate families, and no individuals who served as a public safety officers in the past five (5) years or members of their immediate families, may be appointed to serve on the CPOB, but the CPOB shall regularly include participation from the Chief of Police or his or her designees in CPOB meetings as described in section 2.30.050, subdivision (b). For purposes of this subdivision, “public safety officer” is defined in Government Code section 3301.” SECTION 2: Section 2.32.030 of the La Mesa Municipal Code is hereby amended to read as follows:
“The board of parks and recreation commissioners shall consist of seven members. All members shall be paid an allowance as compensation for expenses incurred in their attendance at authorized meetings within the City as the Council may from time to time fix by resolution. All members shall be resident electors of the City, except for representatives of the La Mesa-Spring Valley School District and Grossmont Union High School District, who may either be employed at a school located within the City or serve on the governing board of the respective school district. The term of office for each member shall be four years, which term shall commence on July 1 and terminate on June 30, four years thereafter. Members' terms shall be maintained so that not more than two terms shall expire in any given year and appointments may be made for less than a four-year term in order to accomplish that purpose.” SECTION 3: Section 2.73.010 of the La Mesa Municipal Code is hereby amended to read as follows:
“There is hereby created the Community Relations and Veterans Commission of the City of La Mesa. The Commission shall consist of seven appointed members. One member shall represent senior adults and shall not be less than fifty-five years of age at the time of appointment. One member shall be disabled or represent the disabled members of the community, three members shall be at large and two members shall represent veterans. These two members must meet one of the following criteria: 1) be an honorably discharged veteran of the United States armed forces; 2) be an active duty armed forces member serving in a civilian capacity; or 3) be a member of a veterans service organization based within the City limits which is federally chartered and/or recognized by the Department of Veterans Affairs for claim representation. If these particular appointments cannot be made and consequently vacancies occur, the remaining vacancies may be appointed at large. Each member is entitled to vote on matters before the Commission.

All seven members shall be resident electors of the City or be employed at a place of business in the City with a direct relationship, as determined by the City Council, to the commission membership categories listed above, or serve in a volunteer capacity at a non-profit organization in the City with a direct relationship, as determined by the City Council, to the commission membership categories listed above.”

Page 104 of 115 ends

Page 3 of 4 ends

SECTION 4: Section 2.85.010 of the La Mesa Municipal Code is hereby amended to read as follows:
“There is hereby created the Environmental Sustainability Commission (Commission) of the City of La Mesa. The Commission shall consist of thirteen (13) members. Six members shall be residents of the City with voting privileges, one member shall be a resident of the City or attend school in the City, and six members shall be advisory members from the business community without voting privileges. The six members that are residents of the City shall be comprised as follows: two members from the general populous; three members with professional experience related to environmental sustainability; one member representing the senior adult population (at the time of appointment shall be not less than fifty-five years of age); and one member representing the youth population (at the time of appointment or reappointment shall not be less than thirteen years nor more than twenty-one years of age and live or attend school in the City). Each of the seven members shall be entitled to one vote on matters before the commission. If these particular appointments cannot be made and consequently vacancies occur, the remaining vacancies may be appointed at large.

The six members from the business community shall be representatives from the City's water utility, franchise waste and recycling hauler, electricity and gas utility, San Diego Community Power, high school, and elementary/middle school district. These six members shall not be required to be residents of the City, but shall act as advisory members on the Commission and shall not be entitled to vote. For purposes of this section, the phrase 'attending school' shall mean either public or private school, general or special education program (K-12th grade), or college or university. It does not mean an independent special interest program (such as karate or ballet instruction).” SECTION 5: Section 2.87.010 of the La Mesa Municipal Code is hereby amended to read as follows:
“There is hereby created the Arts and Culture Commission ("Commission") of the City of La Mesa. The Commission shall consist of seven appointed members as follows:
two members to be art educators (one kindergarten through 8th grade, one 9th grade through college); one member to represent the visual arts; one member to represent the performing arts; one member to represent the musical arts; and two members to be at large.

If these particular appointments cannot be made and consequently vacancies occur, the remaining vacancies may be appointed at large. All seven members shall be resident electors of the City or be employed at a place of business in the City with a direct relationship, as determined by the City Council, to the Commission membership categories listed above, or serve in a volunteer capacity at a non-profit organization in the City with a direct relationship, as determined by the City Council, to the Commission membership categories listed above. Each member is entitled to vote on matters before the Commission.”

Page 105 of 115 ends

Page 4 of 4 ends

SECTION 6: This Ordinance shall be effective 30 days after its adoption and the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published at least once in the Daily Transcript within 15 days of its adoption.

INTRODUCED AND FIRST READ at a Regular meeting of the City Council of the City of La Mesa, California, held the 22nd day of September 2026, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the 13th day of October 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

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

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and correct copy of Ordinance No. 2026- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited and that the same has been duly published according to law.

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

Page 106 of 115 ends

DATE: September 22, 2026
TO: Mayor and Members of the City Council
FROM: Megan Weigelman, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA

DELEGATING AUTHORITY TO THE CITY OF SAN DIEGO TO

ENFORCE REGULATIONS FOR THE DISCHARGE OF INDUSTRIAL

WASTEWATER TO SEWERAGE FACILITIES, PRETREATMENT, AND

SOURCE CONTROL PROGRAM
At the September 8th, 2026, Council meeting, the Council voted 5-0 to approve the introduction and first reading of an ordinance amending Section 17.20.010 and

17.20.439 of the La Mesa Municipal Code. The amended code modernizes the industrial wastewater code sections as required by Administrative Agreement No. 1, approved by La Mesa City Council on November 12, 2025, and delegates enforcement authority to the City of San Diego.

Staff recommends that the City Council approve the second reading and adoption of the Ordinance.

Attachment: A. Draft Ordinance

Page 107 of 115 ends

ORDINANCE NO. 2026-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA

DELEGATING AUTHORITY TO THE CITY OF SAN DIEGO TO ENFORCE

REGULATIONS FOR THE DISCHARGE OF INDUSTRIAL WASTEWATER

TO SEWERAGE FACILITIES, PRETREATMENT, AND SOURCE

CONTROL PROGRAM
WHEREAS, the City of La Mesa is a Participating Agency in the Metropolitan Sewerage System and conveys wastewater to facilities owned and operated by the City of San Diego;
WHEREAS, the Federal Clean Water Act and the National Pretreatment Program (40 C.F.R. Part 403) require that industrial discharges to publicly owned treatment works be regulated through an approved pretreatment program;
WHEREAS, the City of La Mesa has adopted Sewage Disposal Ordinance No. 1984-2360 establishing a local sewer use ordinance, including a pretreatment and source control program to control discharges from all industrial and other users of its wastewater collection and treatment system pursuant to the requirements of 40 CFR Part 403 and California law;
WHEREAS, the City of La Mesa has contracted with City of San Diego to manage, treat, and dispose of wastewater discharged within City of La Mesa’s boundaries and conveyed to the Metropolitan Sewerage System, a regional wastewater system owned by City of San Diego and in which La Mesa owns contract capacity; WHEREAS, Government Code sections 6502 and 6513 provide authority for City of La Mesa to contract with City of San Diego for such purposes and to delegate to City of San Diego primary responsibility for implementation and enforcement of Industrial Waste Discharge Pretreatment, as may be amended for time to time; and WHEREAS, La Mesa desires City of San Diego to assume primary responsibility for implementation and enforcement of City of La Mesa’s regulations for the control of discharges to the Metropolitan Sewerage System from all industrial and other users of its wastewater collection and treatment system pursuant to the requirements of 40 CFR Part 403 and California law, other than food establishments and dischargers of fats, oils, and grease for which City of La Mesa retains primary responsibility, and the City of San Diego shall not be responsible for, and does not accept authority or responsibility to inspect, monitor or enforce any source control program requirements for any Participating Agency’s NPDES permits.

Page 108 of 115 ends

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

SECTION 1: Delegation of Authority
Notwithstanding any provision of Ordinance 1984-2360 to the contrary, the City Council of the City of La Mesa, hereby delegated to City of San Diego authority to implement and enforce the terms and conditions of the Industrial Waste Discharge Pretreatment and Enhanced Source Control Program in City of La Mesa’s jurisdiction as the agent of City of La Mesa, to be effective upon the date of execution of the Administrative Agreement between City of San Diego and Participating Agencies in the Metropolitan Sewerage System for Unified Management of Industrial Waste Discharge Pretreatment and Enhanced Source Control Program (Resolution 2025-141) dated November 12th 2025, as may be amended from time to time, to the Second Amended and Restated Regional Wastewater Disposal Agreement between City of San Diego and the Participating Agencies in the Metropolitan Sewerage System.

SECTION 2: Section 17.20.010 (Definitions) shall add the following:
“For purposes of industrial wastewater regulation, the terms “Industrial User,” “Significant Industrial User,” “Pretreatment,” “Interference,” “Pass Through,” “Local Limits,” “Slug Discharge,” and other pretreatment-related terms shall have the same meanings as set forth in 40 C.F.R. Part 403 and Chapter 6, Article 4 of the San Diego Municipal Code, as amended from time to time.” SECTION 3: Section 17.20.439 (Industrial Wastewater) is amended to read as follows:
“(a) Chemical or industrial liquid wastes shall not be discharged into the public sewer system without a valid Industrial User Permit or Discharge Authorization issued by the City of San Diego pursuant to 40 C.F.R. Part 403 and Chapter 6, Article 4 of the San Diego Municipal Code. (b) All applicable pretreatment standards, local limits, monitoring, reporting, and enforcement requirements shall be those administered by the City of San Diego as Control Authority.
(c) Prohibited discharges to the public sewer system shall be those identified in San Diego Municipal Code section 64.0510, as amended, which is hereby adopted by reference and enforced by the City of San Diego as the Control Authority pursuant to Section 14.06.195 of this chapter. (d) This section shall not apply to Fats, Oils, and Grease discharges from Food Service Establishments, which are regulated under Chapter 17.24 of this Code.

Page 109 of 115 ends

(e) Pursuant to Government Code sections 6502 and 6513 and the agreement between City of San Diego and Participating Agencies in the Metropolitan Sewerage System for Unified Management of Industrial Waste Discharge Pretreatment and Enhanced Source Control Program as may be amended from time to time, to the Second Amended and restated Regional Wastewater Disposal Agreement between City of San Diego and the Participating Agencies in the Metropolitan Sewerage System. The City of La Mesa hereby delegates to the City of San Diego full authority to administer, permit, inspect, monitor, enforce, and recover costs for the Industrial Wastewater Pretreatment and Source Control Program within La Mesa. (f) Local limits established by the City of San Diego as Control Authority are hereby adopted and enforceable within the City of La Mesa, including future amendments approved by the U.S. Environmental Protection Agency or the San Diego Regional Water Quality Control Board.”
SECTION 4: CEQA Exempt
This ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15308 (Actions by Regulatory Agencies for the Protection of the Environment).

SECTION 5: Effective Date
This Ordinance shall be effective 30 days after its adoption and the City Clerk shall certify to the adoption of this Ordinance. The City Clerk is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing a newspaper of general circulation published in the City of La Mesa.

Page 110 of 115 ends

INTRODUCED AND FIRST READ at a Regular meeting of the City Council of the City of La Mesa, California, held the 8th day of September 2026, and therefore PASSED AND ADOPTED at a Regular meeting of said City Council held the 22nd day of September 2026, by the following vote, to wit:

AYES:

NOES:

ABSENT:

APPROVED:

MARK ARAPOSTHATHIS, Mayor
ATTEST:
________________________________
MEGAN WEIGELMAN, CMC, City Clerk

Page 111 of 115 ends

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

Page 112 of 115 ends

DATE: September 22, 2026
TO: Members of the City Council
FROM: Mayor Mark Arapostathis
VIA: Greg Humora, City Manager
SUBJECT: CONSIDERATION OF SENDING A LETTER OF SUPPORT TO GOVERNOR NEWSOM FOR ASSEMBLY BILL 2518 (SHARP-COLLINS):

SAN DIEGO GAS AND ELECTRIC COMPANY: ENERGIZATION PILOT

PROGRAM
Assembly Bill 2518 (AB 2518) would establish a targeted pilot program to improve the electric energization process for affordable housing and other essential community infrastructure projects within SDG&E's territory. The bill would provide greater predictability during the final stages of construction and energization, helping critical projects move forward more efficiently while maintaining all existing safety and reliability requirements.

As communities throughout California work to address housing needs and deliver important public facilities, delays in the final energization process can create challenges for project completion. AB 2518 creates a measured, time-limited pilot that would allow SDG&E and stakeholders to evaluate approaches that improve transparency, accountability, and predictability in the energization process, particularly for affordable housing and essential public service projects. The legislation does not alter safety standards or reliability requirements and provides an opportunity to gather data and identify best practices that could inform future improvements.

It is requested that the Council direct staff to prepare and transmit a letter to Governor Newsom expressing support for AB 2518 and requesting his signature.

Attachment: A. Letter of support SDG&E sent to the Governor’s Office

Page 113 of 115 ends

September 1, 2026
The Honorable Gavin Newsom, Governor
State of California
1021 O Street, 9th Floor
Sacramento, CA 95814
RE: AB 2518 (Sharp-Collins) – San Diego Gas and Electric Company: Energization Pilot Program –

REQUEST FOR SIGNATURE
Dear Governor Newsom:

California’s ability to build affordable housing and essential community infrastructure depends on connecting these projects to the electric grid safely, reliably, and with diligence towards avoiding delays. Assembly Bill (AB) 2518 (SharpCollins) establishes a targeted, time-limited pilot program that will provide greater predictability as projects move through the final stages of construction and energization. For these reasons, San Diego Gas & Electric Company (SDG&E) respectfully requests that you sign AB 2518.

Supporting Housing and Essential Community Projects
AB 2518 provides a practical framework for facilitating improvements within the energization process of high publicvalue projects, including affordable housing and essential public service developments. The bill recognizes that greater predictability during the construction and energization process benefits project applicants and the broader communities waiting for these projects to become operational.

The bill maintains a fair and transparent process for all customers seeking electric service. By creating defined project categories AB 2518 balances the urgency of delivering critical community infrastructure with the need to continue serving the full range of customers relying on timely energization.

A Targeted and Accountable Pilot
AB 2518 takes a measured approach. Rather than imposing a new statewide structure, the bill establishes a limited pilot within SDG&E’s service territory that allows for an evaluation of how clearer expectations can improve project delivery.

This targeted structure provides an opportunity to test solutions, measure outcomes, and identify improvements before considering larger, material changes.

The bill further provides necessary clarity that actions taken under the pilot do not violate Public Utilities Code Section 453. This protection is important because it allows SDG&E to implement the pilot’s project categories and timelines while maintaining compliance.

Building on California’s Ongoing Energization Improvements SDG&E continues to work to improve the coordination, transparency, and management of energization projects. These efforts include strengthening internal workflows, engaging customers and permitting authorities earlier in the process, improving project tracking, and providing standardized reporting to the California Public Utilities Commission.

Importantly, the bill does not compromise safety or reliability. Projects must still satisfy all applicable requirements, and project-specific issues that prevent safe and compliant energization must be resolved before service can be provided. The pilot therefore promotes greater efficiency while preserving the standards necessary to protect customers, workers, and the electric system.

Eugene “Mitch” Mitchell
Sr. Vice President & Chief
Legislative Officer
555 West 5th Street, GT21C1
Los Angeles, CA 90013
(619) 696-4371
[email protected]

Page 114 of 115 ends

AB 2518 (Sharp-Collins) – SDG&E Request for Signature pg. 2 September 1, 2026 AB 2518 offers a pragmatic, low-risk opportunity to support the timely completion of affordable housing and essential community projects while generating information that can guide future improvements. By creating a targeted pilot to evaluate potential improvements to the energization process, the bill supports housing and projects of high priority to our communities while avoiding a significant regulatory overhaul.

For these reasons, SDG&E respectfully requests your approval of AB 2518.

Sincerely,
c: Brady Borcherding, Deputy Legislative Affairs Secretary, Governor’s Office

Page 115 of 115 ends

La Mesa City CouncilSeptember 22, 2026

La Mesa City Council
September 22, 2026