National City City Council
October 15, 2024

AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Ditas Yamane, Vice-Mayor – District 3 Benjamin A. Martinez, City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Luz Molina, Councilmember- District 1 Shelley Chapel, MMC, City Clerk Jose Rodriguez, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________

The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Thank you for participating in local government and the City of National City Council Meetings.

Meetings: Regular City Council Meetings are held on the first and third Tuesday of the month at 6:00 p.m. Special Closed Session Meetings and Workshops may be same day, the start time is based on needs. Check Special Agendas for times.

Location: Regular City Council Meetings are held in the Council Chamber located at City Hall, 1243 National City Boulevard, National City, CA 91950, the meetings are open to the public.

Agendas and Material: Agendas and Agenda Packet for items listed are available on the City website, and distributed to the City Council no less than 72 hours before the City Council Meeting.

Sign up for E-Notifications to receive alerts when items are posted.

Public Participation: Encouraged in a number of ways as described b elow. Members of the public may attend the City Council Meeting in person, watch the City Council Meeting via live web stream, or participate remotely via Zoom. Recording of Meetings are archived and available for viewing on the City’s website.

Public Comment: Persons wishing to address the City Council on matters not on the agenda may do so under Public Comments. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker’s Slip to the City Clerk before the meeting or immediately following the announcement of the item. All comments will be limited up to three (3) minutes. The Presiding Officer shall have the authority to reduce the time allotted to accommodate for a large number of speakers. (City Council Policy 104) EFFECTIVE JANUARY 1, 2023
All Contributio ns to Candidates and Current Elected Officials are required to self -report a Declaration of Campaign Contribution to a Councilmember of more than $250 within the past year (effective Jan 1, 2023). This report may be included on the Public Comment Speaker Slip to be completed prior to the City Council Meeting.

If you wish to submit a written comment email to the City Clerk’s Office at least 4 hours before the City Council Meeting to allow time for distribution to the City Council.

Spanish Interpretation Services: Spanish Interpretation Services are available; please contact the City Clerk before the start of the meeting for assistance.

American Disabilities Act Title II: In compliance with the American Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation to participate in a meeting should direct such request to the City Clerk’s Office (619) 336-4228 at least 24 hours in advance of the meeting.

AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Ditas Yamane, Vice-Mayor – District 3 Benjamin A. Martinez, City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Luz Molina, Councilmember – District 1 Shelley Chapel, MMC, City Clerk Jose Rodriguez, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________

The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Gracias por participar en las reuniones del gobierno local y del Consejo de la Ciudad de National City.

Reuniones: Las reuniones regulares del Consejo Municipal se llevan a cabo el primer y tercer martes del mes a las 6:00 p.m. La reunión especial de sesión privada y los talleres pueden ser el mismo día, la hora de inicio se basa en las necesidades. Consulte las agen das especiales para conocer los horarios.

Ubicación: Las reuniones regulares del Concejo Municipal se llevan a cabo en la Cámara del Consejo ubicada en el Ayuntamiento, 1243 National City Boulevard, National City, CA 91950, las reuniones están abiertas al público.

Agendas y Material: Las Agendas y el Paquete de Agenda para los temas enumerados están disponibles en el sitio web de la Ciudad y se distribuyen al Concejo Municipal no menos de 72 horas antes de la Reunión del Concejo Municipal. Regístrese par a recibir notificaciones electrónicas cuando se publiquen artículos.

Participación pública: Se fomenta de varias maneras como se describe a continuación. Los miembros del público pueden asistir a la Reunión del Concejo Municipal en persona, ver la Reunión del Concejo Municipal a través de la transmisión web en vivo o participar de forma remota a través de Zoom. Las grabaciones de las reuniones están archivadas y disponibles para su visualización en el sitio web de la Ciudad.

Comentario Público: Las personas que deseen dirigirse al Concejo Municipal sobre asuntos que no están en la agenda pueden hacerlo bajo Comentarios públicos. Quienes deseen hacer uso de la palabra sobre los temas del programa podrán hacerlo cuando se esté examinando el tema.

Por favo r, envíe una solicitud del orador al Secretario de la Ciudad antes de la reunión o inmediatamente después del anuncio del artículo. Todos los comentarios estarán limitados a tres (3) minutos. El Presidente tendrá la autoridad para reducir el tiempo asignado para dar cabida a un gran número de oradores. (Política del Concejo Municipal 104) Si desea enviar comentarios por escrito, envíe un correo electrónico a la Oficina del Secretario de la Ciudad al menos 4 horas antes de la Reunión del Consejo Municipal para dar tiempo a la distribución al Consejo Municipal.

A PARTIR DEL 1 DE ENERO DE 2023
Todas las contribuciones a los candidatos y funcionarios electos actuales deben autoinformar una Declaración de contribución de campaña a un concejal de más de $ 250 en el último año (a partir del 1 de enero de 2023). Este informe puede incluirse en el Recibo del orador de comentarios públicos que se completará antes de la reunión del Concejo Municipal Servicios de interpretación en español: Los servicios de interpreta ción en español están disponibles, comuníquese con el Secretario de la Ciudad antes del inicio de la reunión para obtener ayuda.

Título II de la Ley de Discapacidades Americanas: En cumplimiento con la Ley de Discapacidades Americanas de 1990, las personas con discapacidad pueden solicitar una agenda en formatos alternativos apropiados según lo requerido por el Título II. Cualquier persona con una discapacidad que requiera un modificación o adaptación para participar en una reunión debe dirigir dicha solicitud a la Oficina del Secretario de la Ciudad (619) 336 -4228 al menos 24 horas antes de la reunión.

AGENDA
Consolidated Regular Meeting

Tuesday, October 15, 2024, 6:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA
Pages

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE TO THE FLAG

4. INVOCATION

5. PUBLIC COMMENT
In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. Speakers will have up to three (3) minutes.

6. PROCLAMATIONS AND RECOGNITION

6.1 Employee of the Quarter 7

7. PRESENTATION (Limited to Five (5) Minutes each)

7.1 Annual Report to Council - Planning Commission

8. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) Per Government Code Section 53232.3(d) also known as AB1234: Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

9. CONSENT CALENDAR
The Consent Calendar may be enacted in one motion by the City Council with a Roll Call Vote without discussion unless a Councilmember, a member of the Public, or the City Manager requests an item be removed for discussion. Items removed from the Consent Calendar will be considered immediately following the adoption of the Calendar.

9.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda

9.2 Amending City Council Policy Nos. 101, 104, 106, 107, and 121. 8 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending City Council Policy Nos. 101, 104, 106, 107, and 121.”

9.3 Approval of City Council Meeting Minutes. 64
Recommendation:

Approve and File.

9.4 Approving Proposed Amendments to the Planning Commission Bylaws. 73 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving Proposed Amendments to the Planning Commission Bylaws.”

9.5 Authorize the purchase of a Light-Structure System from Musco Sports Lighting, LLC for the Kimball Park Ballfields.
93 Recommendation:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract # 041123-MSL with Musco Sports Lighting, LLC, for the Purchase of a Light- Structure System in a Not-to-Exceed Amount of $292,350 for the Kimball Park Ballfields; and 2) Authorizing the Establishment of an Appropriation of $292,350 in the American Rescue Plan Act fund for the Kimball Park Ballfield Lighting Project.”

9.6 Authorize the Purchase of Six (6) Ford Police Utility Interceptors for the National City Police Department
136
Recommendation:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto County of San Diego Contract # 570454 with Kearny Mesa Ford for the Purchase Six 2025 Ford Police Utility B/W AWD Interceptors in a Not-to-Exceed Amount of $323,000 for the National City Police Department; and 2) Authorizing the City Manager to Approve Adjustments of up to $32,300 to the Not-to-Exceed Amount for the Purchase as a 10% Contingency for Unforeseen Fluctuations in Pricing.”

9.7 Awarding a Contract to Aster Construction Services for the Central Community Mobility Enhancements Project, CIP No. 19-23.
181
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to Aster Construction Services in the Not-to-Exceed Amount of $1,915,050 for the Central Community Mobility Enhancements Project, CIP No. 19-23; 2) Authorizing a 15% Contingency in the Amount of $287,257.50 for any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Contract.”

9.8 Bayshore Bikeway - Segment 5 project, CIP 22-33, ATP Cycle 4, Grant Appropriation for Construction (CON) Phase.
205
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Mayor to Execute Program Supplement Agreement No. F030 with the State of California Department of Transportation for the Bayshore Bikeway - Segment 5 project, CIP 22-33, ATP Cycle 4; 2) Authorizing the Establishment of an Engineering Grants Fund Appropriation of $5,421,000 and Corresponding Revenue Budget; and 3) Committing to Providing a Local Match of $710,000.”

9.9 California Library Adult and Family Literacy Services Grant Funds Acceptance 222 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager or his Designee to Accept the California Library Literacy Services (CLLS) grant of $63,375 from the California State Library to Fund the National City Public Library’s Literacy Services Programs for FY2025 and Authorizing the Establishment of a Library Grants Fund Appropriation of $63,375 and Corresponding Revenue Budget.”

9.10 Enterprise Storage System Lifecycle Replacement 227 Recommendation:

Adopt a Resolution Entitled: “Resolution of the City Council of the City of National City, California, Waiving the Bid Process by Utilizing Pricing and Contracts, Amendments, and Extensions from the National Intergovernmental Purchasing Alliance (NIPA) Technical Solutions Contract # 2018011 with CDWG LLC to Purchase Enterprise Storage System (ESS) Hardware, Software, and Related Services for an Amount Not-to-Exceed $314,101.94 Pursuant to National City Municipal Code Section 2.60.260.”

9.11 First Amendment to the Agreement with Neri Landscape Architecture for On- Call Consulting Services for the City’s Capital Improvement Program (CIP) 288
Recommendation:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a First Amendment to the Agreement with Neri Landscape Architecture to Extend the Agreement by One-Year to September 6, 2025.”

9.12 First Amendment to the Housing Consultant Agreement with Keyser Marston Associates, Inc.
293
Recommendation:

Adopt the Resolution Entitled, "Resolution of the Board of the Community Development Commission-Housing Authority of the City of National City, California, Authorizing the Executive Director to Execute the First Amendment to the Consultant Agreement with Keyser Marston Associates, Inc. to Increase the Not-To-Exceed to $455,000, and Authorize the Establishment of an Appropriation in the Amount of $425,000 in the Housing Authority Fund with a Corresponding Revenue Budget Based on Housing Acceleration Program (“HAP”) 2.0 Grant Funds.”

9.13 Kimball Highland Project Public Access Easement for Pedestrian and Vehicular Access
298
Recommendation:

Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute a Public Access Easement for Pedestrian and Vehicular Access Agreement by and Between the City of National City, D Avenue Housing Associates, L.P., and Kimball Tower Housing Associates L.P.”

9.14 Kimball Senior Center Lease with D Avenue Housing Associates, L.P. 323 Recommendation:

Adopt the Resolution Entitled, "Resolution of the City of National City, California, Authorizing the City Manager to Execute a Commercial Lease By and Between the City of National City (“Tenant”) and D Avenue Housing Associates, a California Limited Partnership (“Landlord”) for the Kimball Senior Center Facility for 65 Years at a Rent Equal to $1.00 Per Year.”

9.15 Notice of Decision – Planning Commission approval of a Conditional Use Permit (CUP) for beer and wine sales at an existing restaurant (La Malcriada Birrieria) located at 1604 E. 18th Street, Suites A & B. 352
Recommendation:

Staff Recommends Approval of the Sale of On-Site Beer and Wine, Subject to the Recommended Conditions in Planning Commission Resolution No. 2024- 15, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol is a Conditionally-Allowed Use in Minor Mixed-Use Corridor Zone and Would be Accessory to Food Sales in the Restaurant.

9.16 Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) for the Addition of Distilled Spirits to an Existing Beer and Wine License at Manolo Farmers Market Located at 303 Highland Avenue. 393
Recommendation:

Staff Recommends Approval of the Addition of Distilled Spirits to the Existing Sale of Off-Sale Beer and Wine, Subject to the Recommended Conditions in the Attached Planning Commission Resolution No. 2024-14, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol is a Conditionally-Allowed Use in the Minor Mixed-Use Corridor (MXC-1) Zone and Would Continue to be Accessory to the Retail Sales at the Existing Grocery Store.

9.17 Notice of Decision – Planning Commission Approval of a Tentative Parcel Map (TPM) Dividing One Lot into Two with a Zone Variance (ZV) to Deviate from Setback Requirements on a Property Located at 1441 East 7th Street. 438
Recommendation:

Staff Recommends Approval of the Tentative Parcel Map and Zone Variance, Subject to the Recommended Conditions in Planning Commission Resolution No. 2024-16, and a Determination that the Project is Exempt from CEQA.

9.18 Service Agreement with County of San Diego for Euclid Avenue Roadway Resurfacing
489
Recommendation:

Adopt a Resolution entitled, “Resolution of the City Council of the City National City, California, Authorizing the Mayor to Execute a Service Agreement with the County of San Diego for Roadway Resurfacing of Euclid Avenue Between Sweetwater Road and 24th Street in the Amount of $112,960.42.”

9.19 Warrant Register #9 for the period of 8/23/24 through 8/29/24 in the amount of $1,002,939.26
500
Recommendation:

Ratify Warrants Totaling $1,002,939.26

9.20 Warrant Register #10 for the period of 8/30/24 through 9/05/24 in the amount of $4,637,113.79
507
Recommendation:

Ratify Warrants Totaling $4,637,113.79

10. PUBLIC HEARING
The following item(s) have been advertised as public hearing(s) as required by law.

10.1 Amendment of Chapter 18.29 of the National City Municipal Code to Add Regulations for the Mixed-Use Overlay Zone.
516
Recommendation:

Introduce the Ordinance

11. CITY MANAGER’S REPORT

12. ELECTED OFFICIALS REPORT

13. CITY ATTORNEY REPORT

14. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, November 19, 2024 - 6:00 p.m. - Council Chambers - National City, California.

CITY OF NATIONAL CITY

M E M O R A N D U M

DATE: September 24,2024

TO: Benjamin A. Martinez, City Manager

FROM: Lydia Flores-Hernandez, Human Resources Director

SUBJECT: EMPLOYEE OF THE QUARTER PROGRAM

The Employee Recognition Program communicates the City’s appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community.

The employee to be recognized for the 3nd Quarter of calendar year 2024 is:

Nancy Nagle, Training Coordinator, Police Department

By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, October 1, 2024, to be recognized for her achievement and service.

Attachment

cc: Chief Alejandro Hernandez
Captain Chris Sullivan
Captain Derek Aydelotte
Shelley Chapel, City Clerk
Mayor’s Executive Assistant
Human Resources – Office File

AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Amending City Council Policy Nos. 101, 104, 106, 107, and 121.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending City Council Policy Nos. 101, 104, 106, 107, and 121.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

As per Council Policy No. 101, the City Council Policy Manual should be reviewed on an annual basis and updated as necessary . Staff has reviewed and is presenting for consideration amendments to Council Policy Nos. 101, 104, 106, 107, and 121.

Attached is a report with detailed staff recommendations regarding the amendments which are results of changing legislation, and changing procedures as the departments are evaluating all processes for efficiencies. The policies referred to are attached and redlined to highlight staff’s recommendations and any associated notes.

FINANCIAL STATEMENT:

Not Applicable

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Staff Recommendations
Exhibit B – Policy No. 101 – City Council Policy Manual - Redline Exhibit C – Policy No. 104 – Rules of Procedure and Order for City Council Meetings – Redline Exhibit D – Policy No. 106 – Preparation of City Council Meeting Minutes – Redline Exhibit E – Policy No. 107 – Appointments to Boards, Commission and Committees – Redline Exhibit F – Policy No. 121 – Mayor and City Councilmember Office Budget – Redline Exhibit G - Resolution

City Council Policy Manual Review

As per Council Policy No. 101, the City Council Policy Manual should be reviewed on an annual basis and updated as necessary. Staff has reviewed and is presenting for consideration amendments to Council Policy Nos. 101, 104, 106, 107, and 121.

Below is a high-level overview of some of the staff recommendations regarding all five (5) Policies.

The policies referred to are attached and redlined which include staff recommendations and notes.

Clerical changes are included fo r consistency throughout the manual and follow the City style guides and procedures.

Prior Policy Amendments have been added to the end of each policy to provide a historical reference to prior changes made.

Staff Recommendations – High Level Review

City Council Policy #101
Grammatical cleanup in languages, and clarifying language added throughout policy.

8. Removal of the previously elected positions of “City Clerk and City Treasurer” as they no longer apply with the passage of Measures M and N in the election on November 8, 2022.

City Council Policy #104
Grammatical cleanup in languages, new legislation, and clarifying language added throughout policy.

Additional language naming designee in the absence of the appointed City Clerk. “In the absence of the City Clerk, the Deputy City Clerk shall assume the City Clerk responsibilities.” And further reference to the “Deputy City Clerk” as designee.

K. Holidays or Elections
Adding language specifically for National Night Out and the suggested start time and hard stop time to allow the City Council to participate in the community events. “National Night Out is the first Tuesday of the month of August. The City Council and City staff like to participate in this community event. City Council Meetings for this date are to start at 4:00 p.m. and end no later than 6:00 p.m. to allow for community participation."

Adding the words “or other State law” to be inclusive of any changes in law between updates of the policy.

Removing the reference to headset and updating to current practice of using Zoom.

C. Communications with Persons Addressing the Council:

Adding the requirement to register for Zoom participation 4 hours prior to the meeting. Additional removal of references to headsets and updated with Zoom information.

“If a person would like to address the City Council via Zoom, they may do so by registering on the City website four (4) hours prior to the meeting. The presiding officer will request that the City Clerk allow speakers into the virtual room one at a time to speak. All video is off, and once the speaker has spoken the City Clerk removes the right to speak and they are virtually placed back into the participant’s room.”

C. Communications with Persons Addressing the Council (4) Update section regarding Written Public Comment clarifying the City Council policy regarding written public comment not being read into the record during the meeting, however, it is posted to the City website.
“Written comment is not read into the record at the City Council meeting. Written public comment will be posted to the City website within 48 hours of the meeting. The information is posted to the agenda page on the City website, under the City Clerk department.”

Pages 15 and 16 of 33 – VII. Agenda Sequence and Order of Business Changes to the policy mirror the present day agenda sequence and order of business to include the Invocation, Recognitions, removal of Awards, Adding the Regional Boards and Committee Reports, Adding the Continued Public Hearing section, removing Ordinances and Resolutions section, Non -Consent Resolutions section and New Business section and adding the City Manager’s Report section, and retitling the Mayor and City Council to Elected Officials Reports, and Closed Session Report is retitled City Attorney Report.

Clarification of correct departments named for responsibilities and clarification of process.

Adding L. Levine Act and SB 1439 to comply with new legislation effective January 1, 2023 regarding the campaign contributions and voting on certain items on the agenda.

A. Levine Act and SB 1439: Effective January 1, 2023 Local Officials subject to SB 1439 are no longer allowed to participate in the approval of a proceeding involving a license, permit, or other entitlements for use. That may include the following if presented to the City Council, if a campaign contribution has been received from the applicant or their agents:

1. Applied for by the party;

2. Formally or informally requested by the party;

3. A contract between the Agency and the party or a franchise granted by the agency to the part y, other than a contract that is competitively bid, a labor contract, or a personal employment contract. (G.C. 84308.2)

City Councilmembers are required to disclose on record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding twelve (12) months to any Candidate Controlled Committees. The prohibition applies to any 12 months while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

Removing outdated information regarding Copies of Recordings, Ceremonial Matters as they are no longer relevant to the agenda and City Council Meetings. All meetings are recorded and provided on the City website.

City Council Policy #106 Preparation of City Council Meeting Minutes Grammatical cleanup in languages, and clarifying language added throughout policy.

Add the words “in favor / in opposition or neutral” to the section under Public Comment under agenda items.

Add for additional clarification: “This would be to memorialize the conversation in the minutes.

However, the video of the complete meeting is available on the City website for historical reference in full version.”

City Council Policy #107 – Appointments to Boards, Commission and Committees

Grammatical cleanup in languages, and clarifying language added throughout policy.

Add information regarding the Port Commission Appointment referencing the San Diego Unified Port District Action, Section 16 regarding the resident requirement for the position.

4. Port Commission - (Per the San Diego Unified Port District Act, Section 16, this seat must be filled by a National City resident. The Commissioner shall be a resident of the City at the time of their appointment, and during the full term of the appointment.)

Update to 4 – Applications to include current process of accepting applications electronically through the City website.

Adding Clarification on the Residency Requirement to mirror Bylaws and National City Municipal Code: “Residency requirement: If a position on the Board, Commission or Committee is for a resident, the applicant must be a resident at the time of submitting the application. The address must be an identifiable National City address, with verification by the City Clerk’s Office. If an applicant is found to be a non-resident, they will not be considered. They will be encouraged to apply for a non-resident seat when available.”

Outlining current process for notification of applicants regarding schedule of interviews.

“Councilmembers will mark their paper, fold it and hand it to the City Clerk as they are collected. If a member is virtual, they will announce their vote verbally first before any other votes are read into the record.”

City Council Policy #121 – Mayor and City Councilmembers Office Budget

As per City Council direction at the City Council Meeting of September 3, 2024, to add attendance to the “ San Diego Regional Chamber of Commerce Binational Delegation to Mexico City” as a pre-approved conference.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: August 15, 2023
October 15, 2024

ADOPTED: July 14, 1987
POLICY # 101
TITLE: City Council Policy Manual
Background:

The City Council of the City of National City is charged with the responsibility of establishing municipal policies to guide the various functions of the City and, where necessary, to establish procedures by which functions are performed. Regulatory policies established by the City Council are usually adopted by ordinance and included in the Municipal Code, which establish the local laws. Other policies, however are also established, which by their nature, do not require adoption by ordinance. These policy statements adopted by resolution of the City Council need to be consolidated in a reference document for easy access.

Purpose
It is the purpose of this policy to esta blish procedures for the preparation, distribution and maintenance of Council policies and the “City Council Policy Manual.”

Policy

1. To establish a City Council Policy Manual which shall contain all City policy statements adopted by resolution of the City Council.

2. Generally, policy statements in the City Council Policy Manual will include only such municipal matters for which the responsibility of decision is placed in the City Council by virtue of the Municipal Code, or specific ordinances, and resolutions.

3. All policy statements of the City Council shall be prepared in writing and approved by resolution. Once approved, policy statements will be electronically reproduced, distributed and included in the City Council Policy Manual . The Resolution Number and date of adoption will be notated on the last page of amended policy in the Prior Policy Amendments section.

4. Each policy adopted as part of the City Council Policy shall be adhered to by City departments as expressions of the City Council’s Policy. Only the City Council can waive the applicability of an adopted policy.

5. Each policy statement shall include: (a) a brief background description of a policy; (b) the purpose of the policy; (c) the policy statements; (d) other criteria or procedural sections as required; and (e) cross -reference notations as to appropriate provision in the Municipal Code, Administrative Regulations, etc.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: August 15, 2023
October 15, 2024

ADOPTED: July 14, 1987
POLICY # 101
TITLE: City Council Policy Manual

6. The City Manager shall be responsible for the preparation, continuing maintenance, and distribution of the City Council Policy Manual and additions or deletions thereto. The City Clerk’s Office shall retain the original adopted resolution and maintain a copy of the manual.

7. Each October, the City Council and City Manager shall review the City Council Policy Manual for any needed additions, deletions, or changes deemed appropriate at the time.

Nothing in this policy shall prevent any individual member of the Council, the City Manager, City Attorney, or the City Clerk from brin ging to the attention of the City Council an y suggestions for manual revisions at other times during the year.

8. All newly-elected City Council Members , City Clerk, and City Treasurer shall receive a copy of the City Council Policy Manual and orientation from applicable department staff.

Related Policy References
None.

Prior Policy Amendments
July 14, 1987 City Council Adopted Format and Text as Guide for Council Policy Manual – No Resolution was adopted.

June 11, 2013 (Revised – No Resolution)
October 8, 2013 (Resolution No. 2013-147)
August 15, 2023 (Resolution No. 2023-115)

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings Rules of Procedure and Order for

City Council Meetings

Adopted: December 13, 1983

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings I. PURPOSE 1
II. RESPONSIBILITIES 1
A. Responsibilities of Presiding Officer / Mayor 1
B. Responsibilities of Vice-Mayor 2
C. Responsibilities of City Council 2
D. Responsibilities of City Clerk 2
E. Responsibilities of City Manager 3
F. Responsibilities of City Attorney 3
III. MEETINGS 3
A. Regular Meeting 3
B. Adjourned Meeting 3
C. Special Meeting 3
D. Emergency Meeting 3
E. Recessed Meeting 4
F. Closed Session Meeting 4
G. Quorum 4
H. City Council Recess Periods 4
I. Cancellation of Meetings 5
J. Location of Meetings 5
K. Holidays or Elections 5
L. Adjournment 5
M. Taping or Broadcasting 5
N. Teleconferencing 5
O. Agenda Exception 6
P. Comfort Breaks 6
Q. Use of Personal Electronic Devices 6
R. Translation Services 6
S. Compliance with Brown Act 7
IV. REMOTE ACCESS TO MEETINGS 6
A. Internet Broadcast 6
B. E-Notification 6
V. PUBLIC ASSISTANCE & ACCOMMODATIONS 6
VI. PUBLIC MEETING COMMUNICATION 7
A. Communications between City Councilmembers 7
B. Email Communications between Councilmembers 8
C. Communication with Persons Addressing the City Council 8 VII. AGENDA SEQUENCE AND ORDER OF BUSINESS 11
VIII. AGENDA PROCESS 13

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings A. Preparation, Distribution and Posting 13
IX. VOTING 14
A. Obtaining the Floor 14
B. Voting Procedure 15
C. Disqualification for Conflict of Interest 15
D. Failure to Vote 15
E. Tie Vote 15
F. Changing Vote 15
G. Reconsideration 15
H. Point of Order 16
I. Continuance of Discussion or Hearings 16
J. Rosenberg’s Rules of Order 16
K. Disclosure of Ex Parte Contacts 16
X. MOTIONS 16
A. Procedure for Motions 17
B. Amendments to Motions 17
XI. PUBLIC HEARINGS, ORDINANCES & RESOLUTIONS 17
XII. MEETING DECORUM & CONDUCT 19
A. Conduct 19
B. Authorized & Designated Areas 20
C. Signs, Objects or Symbolic Material 20
D. Service Animals 20
E. Photography / Video 20
F. Cellular & Electronic Devices 21
XIII. ENFORCEMENT 21
A. Sergeant-at-Arms 21
B. Violations 21
XIV. PROCEDURAL MATTERS 22
A. City Council Seating Arrangement 22
B. Signing of Meeting Documents 22
C. Copy of Recordings 22
D. Ceremonial Matters 22
E. Proclamations 23
XV. SOCIAL MEDIA 23
IV. POLICY INTERPRETATION & APPLICABILITY 24
DEFINITIONS 25
RELATED POLICY REFERENCES 27

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings I. PURPOSE

The purpose of this Policy is to establish Rules of Procedure and Order for City officials, staff and members of the public at all meetings of the City Council to ensure that the business of the City is attended to in an open and orderly manner and in an environment safe for all persons in attendance. The policy establishes and delineates general meeting rules, roles and responsibilities, to allow for an orderly meeting where all individuals can exercise their Constitutional rights.

All meetings of the City Council will be conducted under Rosenberg's Rules of Order. In addition, such meetings will be governed in accordance with the Ralph M. Brown Act (Gov.

Code§ 54950, hereinafter "the Brown Act") and other applicable State laws. Any question about proper procedure will be immediately referred to the City Clerk as Pparliamentarian.

This policy applies to all persons attending public meetings in the City Council Chamber or any other location where a meeting subject to this policy takes place. In the event of any inconsistency between this policy and State law or regulation, State law or regulation shall apply.

II. RESPONSIBILITIES

It is important to recognize that the City Council acts as a legislative body. No member has extraordinary powers beyond those of other members. While the Mayor and Vice -Mayor may have additional ceremonial and administrative responsibilities, in the establishment of policies, voting and in other significant areas, all members are equal. Policy is established and direction is given to City staff by a majority vote of the Council.

While individual Councilmembers may disagree with decisions of the majority, a decision of the majority binds the Council to a course of action and provides staff with direction to follow.

In turn, it is staff's responsibility to ensure the policy of the Council is implemented and upheld consistent with the wishes of the majority. Implementation of Council policy by staff does not reflect a bias against Councilmembers who held a minority opinion on an issue.

A. Responsibilities of Presiding Officer/Mayor : The Presiding Officer of the City Council, shall be the Mayor, or in the Mayor's absence the Vice-Mayor, or in both of their absence any other member designated by the City Council. It shall be the duty of the Presiding Officer to ensure that the Rules of Procedure and Order contained herein are observed, The Presiding Officer shall maintain control of communication between Councilmembers a nd between the Council, staff, and members of the public. The Presiding Officer may make and second motions.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings B. Responsibilities of Vice-Mayor: In the absence of the Mayor from the City or a Council meeting, the Vice-Mayor shall possess all the powers of the office of the Mayor, and be subject to all prescribed duties for that office.

C. Responsibilities of City Council:

1. Members of the City Council shall review all meeting materials in preparation for City Council meetings and be prepared to discuss the agenda.

2. Members of the City Council shall arrive on time for all City Council meetings, in the City Council Chamber or any other location where a meeting subject to this policy takes place. In the event of any inconsistency between this policy and State law or regulation, State law or regulation shall apply.

3. Members of the City Council shall conduct themselves in an orderly, professional and businesslike manner to ensure that the business of the City shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process of the City Council is maintained at all times.

4. Members of the City Council shall maintain a polite, respectful, and courteous manner when addressing one another, City staff, and members of the public during City Council meetings.

5. As a courtesy, members of the City Council shall report upcoming absences to the City Manager as soon as possible to ensure that any necessary adjustments to the agenda may be made, and to ensure a quorum.

D. Responsibilities of City Clerk:

1. The City Clerk shall serve as the Parliamentarian for the City Council meetings to advise the Presiding Officer. Within the limitations imposed by Rosenberg's Rules of Order, the Presiding Officer has the authority to determine proper parliamentary procedure. In the absence of the City Clerk, the Deputy City Clerk shall assume the City Clerk responsibilities.

2. The City Clerk or Deputy City Clerk shall call and record roll call votes; and shall read ordinance titles and agenda items as requested by the Presiding Officer.

3. The City Clerk or Deputy City Clerk shall keep minutes of the open meeting in accordance with City Council Policy No. 106, and p e r m a n en t r et e nt i o n of

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings video recordings of those proceedings as the archived record . Any written comment received for the meeting will be made available on the City website within 48 hours of the meeting. All retention per the City Records Retention Schedule.

E. Responsibilities of City Manager:

1. The City Manager's duties during City Council meetings include keeping a record of concerns raised by the City Council regarding direction for future staff action and facilitating the orderly presentation of staff reports.

F. Responsibilities of City Attorney:

The City Attorney's duties during City Council meetings include consulting with City Council on items of concern on the agenda , to proactively inform and protect Councilmembers from potential violations and conflicts of law, and to report on any final action taken in closed session.

Ill. MEETINGS

A. Regular Meeting: The City Council shall hold regular meetings on the first and third Tuesday of each month. The meetings shall be held in the Council Chamber of City Hall, 1243 National City Boulevard in the City of National City. The regular meeting shall begin at 6:00 p.m., or as otherwise scheduled due to the demand of business or for closed session.

B. Adjourned Meeting: The City Council may adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn.

C. Special Meeting: A special meeting may be called at any time by the Mayor whenever the public business may require it or upon direction by a majority of the City Council.

The call and notice shall be posted at least twenty-four (24) hours prior to the special meeting in a location that is accessible to members of the public.

D. Emergency Meeting: Pursuant to the Government Code, the twenty-four (24) hour notice and posting requirements for a special meeting may be dispensed with under the following emergency conditions: work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body, except in the case of a dire emergency.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings

E. Recessed Meeting: Pursuant to the Government Code, a meeting of the City Council may recess to the following regular business day if the action is taken in good faith and not to circumvent the requirements of the Brown Act. The meeting may not be recessed to another day after that unless it is posted in accordance with the Brown Act.

F. Closed Session Meeting: The City Council may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider or hear any matter which is authorized to be heard or considered in closed session in accordance with State law. If a closed session is included on the agenda, the description of the item must comply with Government Code Section 54954.5. For each closed session, the City Attorney must orally announce the subject matter of the closed session. If final action is taken in closed session, the City Attorney must report the action at the conclusion of the closed session, unless agendized for that same Closed Session Meeting or list on the agenda for the Regular Meeting immediately following.

No minutes of the proceedings of the City Council during closed session are required.

There shall be no closed session during any special emergency meeting. No person present in a closed session shall disclose, outside of the closed session, any information revealed in such closed session, without the prior authorization of a majority of the City Council. Any violation of this policy may be enforced by one or more of the actions delineated in City Council Policy No. 113.

G. Quorum: A quorum at any meeting of the City Council will be established by the presence of three (3) members of the City Council. The Mayor shall count as a Councilmember for the establishment of a quorum.

H. City Council Recess Periods: The City Council has traditionally observed a recess period during the summer to provide elected officials and staff an opportunity to catch up on work, reenergize after a lengthy budget and strategic planning process, and prepare for the start of a new fiscal year. For purposes of this policy, a recess period is defined as a period of time longer than twenty (20) days without a regular or special meeting of the Council.

During any recess period, the City Manager is authorized to take such ministerial action on matters of operational urgency as would normally be taken by the City Council during the recess except for those duties specifically reserved to the City Council by Government Code, and including such emergency actions as are necessary for the immediate preservation of the public peace, health , or safety. The City Manager shall make a full and complete report to the City Council at its first regularly

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings scheduled meeting following the recess of actions taken by the City Manager pursuant to this section, at which time the City Council may make such findings as may be required and confirm said actions of the City Manager.

I. Cancellation of Meetings: Any meeting of the City Council may be cancelled in advance by a majority vote of the Council. In the event that the Mayor and/or Vice-Mayor are unable to cancel a meeting, in the case of an emergency the City Manager is authorized to cancel such meeting.

J. Location of Meetings: Regular meetings of the City Council shall be held in the Council Chamber unless appropriate notice is given pursuant to , and the location of the meeting is in accordance with, the Brown Act. The City Council may hold a special meeting at another location within the City, or locations outside the jurisdiction of the City, provided appropriate notice is given pursuant to and the location of the meeting is in accordance with the Brown Act.

K. Holidays or Elections: In the event that the a regular meeting of the City Council is scheduled on the same day as a legal holiday, or an election day on which a National City candidate or National City measure appears on the ballot, no meeting will be held that week.. Any regular meeting may be dispensed with by a majority vote of the City Council.

National Night Out is the first Tuesday of the month of August. The City Council and City staff like to participate in this community event. City Council Meetings for this date are to start at 4:00 p.m. and end no later than 6:00 p.m. to allow for community participation.

L. Adjournment: It is the policy of the City Council that that all evening meetings of the City Council, including special meetings and workshops, be adjourned no later than 10:30 p.m., which time is referred to as the normal time of adjournment. The meeting shall be extended no more than once and subsequently may be adjourned to a later date. No new item of business shall be taken up by the Council after the normal time unless the Council has determined by a super-majority vote to set aside this policy. In the event the entire agenda cannot be completed by the normal time of adjournment, the Council may take up and act upon the more pressing agenda items. All agenda items not considered at the meeting shall be on the agenda of the next regular, special, or adjourned regular meeting unless the Council directs otherwise.

M. Taping or Broadcasting: Meetings may be broadcast, audio-recorded, video-recorded or live-streamed so long as the activity does not constitute a disruption of the proceeding.

N. Teleconferencing: Teleconferencing shall be allowed as per Government Code section

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings 54953 or other State law. Teleconference meetings may be held under carefully-defined conditions. The meeting notice must specifically identify all teleconference locations, and each such location must be fully-accessible to members of the public

O. AB 2449 Attendance by a Member Virtually: Legislation passed in 2023 provided for the City Council and its Boards/Commission/Committee members to attend a meeting virtually under certain conditions stated in the law.

A member may participate either for “just cause” or “under” emergency circumstances.

For “just cause”, the member must notify the legislative b ody at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for “just cause” including a general description of the circumstances relating to their need to appear remotely at the given meetin g; For “emergency circumstances,” the member must make a request to participate remotely as soon as possible to allow the City Council to take action on the request. If the request does not allow sufficient time to place the proposed action on the request on the posted agenda for the meeting for which the request is made, the City Council may take action at the beginning of the meeting in accordance with Government Code section 54954.2(b)(4);

Just Cause - is limited to one or more of the following:
a. a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely’;
b. a contagious illness that prevents a member from attending in person; c. a need related to a physical or mental disability as defined by law; or d. travel while on official business of the legislative body or another state or local agency;
or

Emergency Circumstances – means a physical or family medical emergency that prevents a member from attending in person.

a. The member requires the legislative body to allow them to participate in the meeting remotely due to the “emergency circumstances” and the legislative body takes action to approve the request.

b. The legislative body requires a general description (generally not exceeding 20 words) of the circumstances relating to the member’s need to appear remotely at the given meeting, this shall not require a member to disclose any medical

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings diagnosis or disabili ty, or any personal medical information that is already exempt under existing law.

Limitations:

May not be used by a member to teleconference for a period of more than three (3) consecutive months or 20% of regular meetings (4 meetings for City Council) within a calendar year, or more than two (2) meetings per calendar year if the board meets less than ten (10) times per calendar year.

Members participating remotely must do so through both audio and visual technology and must publicly disclose whether any individual over the age of 18 is present at the remote location with the member and the general nature of the member’s relationship with the individual.

N.O. Agenda Exception : Special procedures permit a body to proceed without an agenda in the case of emergency circumstances, or where a need for immediate action came to the attention of the body after posting of the agenda. (Reference Section VIII, A.5 - Non-Agenda Items Requiring Immediate Action)

P. Comfort Breaks: It is the policy of the City Council that the Presiding Officer will call comfort breaks of 5 -10 minutes when a meeting is expected to last more than two hours. While it is not possible to predict the duration of a meeting, scheduled breaks· allow participants to not miss any part of the meeting and help stay alert and maintain a high level of concentration and participation.

Q. Use of Personal Electronic Devices: The use of personal electronic devices on the dais shall be limited to official agenda-related tasks and emergency notifications. If, in the opinion of the Presiding Officer, a Councilmember's use of an electronic device is disruptive to Council deliberations or disrespectful to the public, the Presiding Officer may request that the Councilmember cease the use of such device.

R. Translation Services: Simultaneous Spanish interpreting services are provided at City Council meetings, through the use of headsets. W e b i n a r v i a Z o o m . A Spanish- language interpreter is also available to interpret and translate for speakers who wish to address the City Council webinar via Zoom . When the meetings are hosted as a webinar, a Spanish-language interpreter shall provide translation services for a minimum of two (2) hours. If, after providing translation services for two (2) hours, no member of the public is using those services, the translator may be dismissed by the Presiding Officer.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings

S. Compliance with Brown Act: All regular, special , and adjourned meetings of the City Council shall be called, noticed and conducted in compliance with the Brown Act.

IV. REMOTE ACCESS TO MEETINGS

A. Internet Broadcast: Live-Streaming video of City Council meetings is available at www.nationalcityca.gov. Archived meetings are also available online.

B. E-Notification: Individuals may sign up via the City's website to receive email notifications of published City Council and Board, Commission, and Committee meeting agendas, City news, special events, and more.

V. PUBLIC ASSISTANCE & ACCOMMODATIONS

Upon request, the City Council agenda and backup materials will be made available in alternative formats. Any person who requires a disability-related modification or accommodation to participate in the public meeting, including auxiliary aids or services, , may request a modification, accommodation, aid, or service by contacting the City Clerk's Office either in person or by telephone no later than 10:00 a.m. on the day preceding the scheduled meeting.

VI. PUBLIC MEETING COMMUNICATIONS

A. Communications between City Councilmembers:

1. Councilmembers wishing to speak should request the floor by being recognized by the Presiding Officer before speaking. The Presiding Officer must recognize any Councilmember who seeks the floor when appropriately entitled to address the City Council.

2. No Councilmember shall speak again until all Councilmembers have had the opportunity to speak.

3. Councilmembers shall remember that the purpose of the City Council meeting is to conduct the business of the City. Councilmembers shall avoid repetition and shall limit their comments to the subject matter at hand. Councilmembers shall endeavor to express their views without engaging in unnecessarily lengthy

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings debates.

4. When one Councilmember is speaking, other Councilmembers shall not interrupt, disrupt or disturb the speaker. During questions and deliberations, the Presiding Officer may vary the speaking sequence of Councilmembers from item to item.

B. Email Communications between City Councilmembers: Because email communications can ultimately lead to the exchange of information intended to, or which may, create collective concurrence among a quorum of Councilmembers, e-mail communications between Councilmembers relative to Council business should be avoided at all times.

C. Communications with Persons Addressing the City Council: Members of the public may address the City Council during the Public Comment period and/or prior to the consideration of any agenda item. Persons shall address the City Council as a whole and shall not engage in a dialogue with individual Councilmembers, staff, or with other members of the audience. Any person wishing to speak, whether during the Public Comment period or on an agenda item, is requested to complete a "Speaker Slip" form and submit the form to the Cit y Clerk prior to the calling to order of the meeting or as soon thereafter as possible. Filling out a speaker slip is not required to participate.

All those addressing the Council shall do so from the podium.

If a person would like to address the City Council via Zoom, they may do so by registering on the City website four (4) hours prior to the meeting. The presiding officer will request that the City Clerk allow speakers into the virtual room one at a time to speak. All video is off, and once the sp eaker has spoken the City Clerk removes the right to speak and they are virtually placed back into the participant’s room.

The City Council may not prohibit public criticism of the City in general, City staff, or members of the City Council, its policies, procedures, programs, or services of an agency or its acts or omissions. A speaker may not be stopped from speaking because either the Presiding Officer or Councilmembers disagree with the viewpoint being expressed.

1. Translation Services: Simultaneous Spanish interpreting services are provided at City Council meetings, through the use of headsets. A Spanish -language interpreter is also available to interpret and translate for speakers who wish to address the City Council webinar via Zoom. When the meetings are hosted as a webinar, a Spanish -language interpreter shall provide translation services for a minimum of two (2) hours on Zoom, which can also be accommodated in the Council

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings Chamber. If, after providing translation services for two (2) hours, no member of the public is using those services, the translator may be dismissed by the Presiding Officer.

2. Public Comment (Non-agenda): At all regular City Council meetings, speakers shall have the right to address the City Council on any matter within the elected body's jurisdiction, subject to a three (3) minute time limit or less, depending on the number of speakers. The Council may listen to the speaker's comments, but cannot discuss or take action on communications not on the agenda. Non-agenda Public Comment may be referred to the City Manager for administrative action or placement on a subsequent agenda, with a majority vote of the Council.

a. At each regular Council meeting, up to 30 minutes shall be reserved for Public Comment.

b. The City Clerk will review the Speaker Slips and inform the Presiding Officer of the number of slips. If the number of speakers, at three (3) minutes each, exceeds the 30 -minute allotted time for Public Comment, the Presiding Officer may reduce the time allotted to each speaker, extend Public Comment time, or continue remaining speakers to the end of the meeting.

c. Donations of time from one speaker to another are not permitted.

d. The Presiding Officer shall have the authority to reduce equally each speaker's time to accommodate a larger number of speakers.

e. Speaker Slips for Public Comment will be accepted by the City Clerk in the Council Chamber no earlier than 15 minutes before the meeting and up until the Public Comment portion of the agenda is finished.

f. In order to ensure that non -English speakers receive the same opportunity to directly address the City Council, any member of the public who utilizes a translator shall be provided at least twice the allotted time to address the City Council, unless simultaneous translation equipment is used to allow the City Council to hear the translated public testimony simultaneously. (Government Code 54954.3)

g. Remarks shall be addressed to the City Council as a body.

h. If there is a group representing a common position, designation of a spokesperson is encouraged. The Presiding Officer may allot a mixed amount of

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings time for presentations of this nature.

3. Public Comment (Agenda Items): Speakers shall have the right to address the City Council on items which appear on the agenda, subject to the 3-minute time limit.

i. Donations of time from one speaker to another will not be permitted.

j. The Presiding Officer shall have the authority to reduce equally each speaker’s time to accommodate a larger number of speakers, or to limit the total speakers' time on an agenda item.

k. Speaker Slips for agenda items will be accepted by the City Clerk in the Council Chamber no earlier than 15 minutes before the meeting and up until the public testimony on the item is finished. Included on the Speaker Slip shall be the option for individuals who do not wish to speak to register in support of, in opposition to, or neutral on the item. An individual must be present to register a position or opinion. The City Clerk will provide a tally of those who do not wish to speak on an item, but who do provide a position or opinion.

l. Remarks shall be addressed to the City Council as a body and not to any member of the City Council, staff or the public. No questions shall be asked of an individual member of the City Council, staff , or the public. The Presiding Officer may limit interaction between Councilmembers and public speakers to questions of clarification.

m. If there is a group representing a common position, designation of a spokesperson is encouraged. The Presiding Officer may allot a mixed amount of time for presentations of this nature.

n. In order to ensure that non-English speakers receive the same opportunity to directly address the City Council, any member of the public who utilizes a translator shall be provided at least twice the allotted time to address the Council, unless simultaneous translation equipment is used to allow the Council to hear the translated public testimony simultaneously. (Government Code Section 54954.3)

4. Written Public Comment and Registration on Zoom to Make Public Comment:

Deadline to receive all written public comment and registration of public comment on Zoom will be 4 hours prior to the meeting on the day of the Public Meeting. This

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings provides staff time for processing prior to the meeting. Written comment is not read into the record at the City Council meeting. Written public comment will be posted to the City website within 48 hours of the meeting. The information is posted to the agenda page on the City website, under the City Clerk department.

5. Presentations to City Council: Any information presented to the City Council for its consideration in formats such as PowerPoint, Video, or other audio/visual media must be submitted to the City Clerk's Office no later than the Wednesday immediately prior to the City Council meeting in order to have the presentation facilitated for City Council viewing and broadcast. If presentations are submitted after that deadline, it will not be possible for them to be played or displayed during the meeting, although ten (10) hard copies may be submitted to the City Clerk for distribution to the City Council. Documents and presentations displayed during the City Council meeting shall become part of the public record and must be submitted to the City Clerk for retention. The City Clerk’s Office will post any materials received at a City Council Meeting to the City website within 48 hours of the meeting.

VII. AGENDA SEQUENCE AND ORDER OF BUSINESS

Generally, the agenda sequence and order of business of a regularly scheduled City Council meeting shall determined by the City Manager’s.Clerk’s Office

During the City Council Meeting the Order of Business shall be followed , unless otherwise reordered by the Presiding Officer with the consensus of the City Council during the City Council Meeting.

A. Call to Order: The Presiding Officer officially calls the meeting to order.

B. Roll Call: Before the City Council shall proceed with the business of the Council, the City Clerk shall call the roll of the members and the names of those present shall be entered in the minutes. The later arrival of any absentee shall also be entered in the minutes.

C. Pledge of Allegiance: Each agenda of a regularly scheduled Council meeting shall provide an item for the recital of the "Pledge of Allegiance" to both the United States flag and the California flag.

D. Invocation: The Presiding Officer may allow a “prayer” either religious or non-religious to be given at the beginning of the meeting. Leaders from the Community are allowed to invoke a prayer of support.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings

E. Public Comments: Speakers shall have the right to address the City Council on any matter within the elected body's jurisdiction, subject to a 3-minute time limit or less, depending on the number of speakers. The City Council may listen to the speaker's comments, but cannot discuss or take action on communications not on the agenda.

Non-agenda public comment may be referred to the City Manager for administrative action or placement on a subsequent agenda.

F. Proclamations and CertificatesRecognitions: The agenda shall provide a time when proclamations and recognition directing attention to a person, organization or event may be presented. Proclamations will be issued subject to Section XIV, E - Proclamations.

G. Awards and Recognitions: The agenda shall provide a time when recognitions may be presented.

G. Presentations: The Presentations section of the agenda is for the purpose of allowing a brief (5 to 10 minutes each) opportunity at the beginning of a Council meeting for City Council to receive information from outside agencies or City staff. It is not meant for a topic that would require lengthy deliberation, debate, or action. Items may be placed on the Presentation section of the agenda at the request of the City Council or City staff with the City Manager's concurrence. Approval to place a presentation on the agenda that has been requested by a community member must be obtained through the City Manager's Office.

H. Regional Boards and Committee Reports: Per Government Code Section 53232.3(d) also known as AB1234: Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of legislative body. City Councilmembers report on meetings attended on behalf of the City. Councilmembers are limited to five-minutes.

H.

I. Interviews and Appointments: The agenda shall provide a time for the Mayor / City Council to interview and/or appoint members of the City Council or the public to City and/or external boards, commissions and committees.

J. Regional Boards and Committee Reports: City Councilmembers report on meetings attended on behalf of the City. Councilmembers are limited to five-minutes.

K. Consent Calendar: Items of a routine or generally uncontested nature may be approved by the City Council in a single motion by adoption of the Consent Calendar.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings The approval of the Consent Calendar shall signify the approval of each matter or recommendation included therein: Upon request of any Councilmember, staff, or public made through the Presiding Officer, an item may be removed from the Consent Calendar for separate discussion and/or action. Each item proposed for consideration as part of the Consent Calendar shall be described on the agenda posted for the meeting.

K.L. Continued Public Hearings: Generally this is for the second reading and adoption of an Ordinance. However, if a Public Hearing item needs to return to City Council after amendments or modifications were made to the original item, this is the placement on the agenda.

L.M. Public Hearings: Ordinances & Resolutions: This portion of the meeting allows for a noticed public session to receive original evidence or testimony on applications regulated by this title. Scheduled public hearings shall be commenced at 6:00 p.m. or as soon thereafter as possible. (Reference Section XI, Public Hearings)

M. Non-Consent Resolutions: Items generally of a non-routine nature for City Council discussion and/or action.

N. New Business: This portion of the meeting is devoted to discussion or consideration of items of business that have or have not previously been before the City Council.

N. Staff Reports: This portion of the meeting provides the City Manager and staff the opportunity to present items for City Council consideration give general comments, updates, and announcements.

O. N. City Manager’s Report: This portion of the meeting provides an opportunity for the City Manager to give general comments, announcements, or informational report not included on the agenda. These are non-action items.

O. Mayor and City Council E l e c t e d O f f i c i a l s Reports: This portion of the meeting provides the City Council the opportunity to give general comments, announcements, or informational reports on any item not on the agenda. These matters may not be discussed or deliberated.

P. City Attorney Closed Session Report: At an Open Session following a Closed Session, the body must report on final action taken in Closed Session under specified circumstances.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings Q. Adjournment: It is the policy of the City Council that that all evening meetings of the City Council, including special meetings and workshops, be adjourned no later than 10:30 p.m., which time is referred to as the normal time of adjournment.

VIII. AGENDA PROCESS

In order for both the City Council and City staff to be adequately prepared to discuss City business during City Council meetings, items for discussion shall be placed on the agenda in accordance with established C it y Council agenda deadlines and in compliance with the Brown Act. Generally, items not on the agenda cannot be discussed or considered during a City Council meeting. This section of the policy discusses how to place items onto the agenda, agenda setting, preparation and distribution.

A. Preparation, Distribution and Posting

1. Agenda Items: In conjunction with City Clerk staff, the City Manager shall have the primary responsibility for preparing the City Council agenda and placing matters on the agenda in accordance with identified City needs and scheduling.

a. In the event an item is brought to the attention of the City Manager that requires immediate City Council attention after the agenda setting meeting and before the agenda is distributed, the City Manager will determine the need for the item to be added to the agenda.

2. Agenda Review Meeting: Prior to release and posting of a final City Council agenda, an agenda review meeting shall be held by the City Manager with the City Attorney and the Mayor, or another member of the City Council designated by the Mayor, to serve in their absence. The proposed agenda shall be reviewed at this meeting.

3. Agenda Preparation: Not later than the Thursday prior to the City Council meeting, the City Manager Clerk is responsible for preparing the agenda packet, which shall include the agenda plus all its corresponding duplicated agenda items.

No item shall be considered if not included in the packet, except that a correction or supplement to an item already included in the packet may be considered in accordance with the Ralph M. Brown Act.

4. Agenda Distribution and Posting: Not later than the Thursday prior to t he City Council meeting, the City ManagerCity Clerk is responsible for distributing the agenda packet to each member of the City Council. Staff shall post each agenda at least 72-hours in advance of the meeting and shall post each agenda of a special

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings meeting at least 24- hours in advance of the meeting on the official bulletin boards at City Hall , Library, Police Department, and on the City's website.

5. Non-Agenda Items Requiring Immediate Action: Matters requiring City Council action must be placed onto a Council Agenda in a timely manner in order for Council to consider the matter. In accordance with the Ralph M. Brown Act, off-agenda items requiring City Council approval will not be considered by the City Council except under the following two circumstances:

a. An emergency situation exists, as defined in the Government Code; or,

b. The City Council determines by a two-thirds (2/3) vote, or by a unanimous vote if less than two-thirds of the Council is present, that:

• There is a need for immediate action, and
• The need to take action on the item arose after the posting of the agenda.

If the City Council finds that the need to take action arose subsequent to the agenda posting, pursuant to the criteria above, it shall make those findings by separate motion, including the factual reasons supporting the findings.

The findings shall be reflected in the City Council minutes.

IX. VOTING

A. Obtaining the Floor: Any Councilmember wishing to speak must first obtain the floor by being recognized by the Presiding Officer. The Presiding Officer must recognize any Councilmember who seeks the floor when appropriately entitled to do so.

B. Voting Procedure: Any vote of the City Council, including a roll call vote, may be registered by the members by answering "Yes" or “Aye” for an affirmative vote, "Abstain" for an abstention, or "No" or “Nay” for a negative vote upon the member's name being called by the City Clerk; or an electronic vote may be registered by pressing the Councilmember button for an affirmative vote, an abstention, or a negative vote, upon a vote being called for by the Presiding Officer.

Following the vote, the City Clerk shall audibly announce the results of the vote by name indicating whether the item carried or was defeated. The same shall be recorded in the minutes as the vote. The Presiding Officer in his or her discretion may publicly explain the effect of a vote for the audience, or may direct a member of the staff to do so before proceeding to the next item of business.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings

C. Disqualification for Conflict of Interest: Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state, the nature of such disqualification in open meeting.

Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Councilmember affected, be decided by the other Councilmembers. A Councilmember who is disqualified by reason of a conflict of interest in any matter shall not remain in his or her seat during the debate and vote on such matter, but shall request and be given the permission by the Presiding Officer to step down from the Council dais. A Councilmember stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

D. Failure to Vote: Every Councilmember should vote unless disqualified by reason of a conflict. The vote of a Councilmember who abstains absent a disqualifying conflict of interest shall be counted with the majority vote of the quorum on the question voted upon.

E. Tie Vote: Any proposed measure that receives a tie vote from the members of the City Council shall be considered lost and may be reconsidered.

F. Changing Vote: A Councilmember may change his or her vote only if the Councilmember makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up.

G. Reconsideration: A motion to reconsider the vote on any action taken by the City Council at either this meeting or a previous meeting may be made only by one of the Councilmembers who voted with the prevailing side.

H. Point of Order: An interruption of a meeting to question whether rules or bylaws are being broken, such as the speaker has strayed from the motion currently under consideration.

I. Continuance of Discussion or Hearings: Any item being discussed or any public hearing at a City Council meeting may, by order, notice, or motion, be continued or tabled to any subsequent meeting.

J. Rosenberg's Rules of Order: Rosenberg's Rules of Order have been adopted by the City Council and shall apply in all cases.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings K. Disclosure of Ex Parte Contacts: An "ex parte" contact or communication occurs when, prior to considering a matter on a public meeting agenda, a member or members of the City Council receives information, oral, written, or otherwise, pertaining to that matter outside the public meeting. (Reference City Council Policy No. 116 - Procedure for Disclosure of Ex Parte Contacts)

L. Levine Act and SB 1439: Effective 1, 2023 Local Officials subject to SB 1439 are no longer allowed to participate in the approval of a proceeding involving a license, permit, or other entitlements for use. That may include the following if presented to the City Council, if a campaign contribution has been received from the applicant or their agents:

1. Applied for by the party;

2. Formally or informally requested by the party’;

3. A contract between the Agency and the party or a franchise granted by the agency to the party, other than a contract that is competitively bid, a labor contract, or a personal employment contract. (G.C. 84308.2)

City Councilmembers are required to disclose on record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding twelve (12) months to any Candidate Controlled Committees. The prohibition applies to any 12 months while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

X. MOTIONS

Motions are the vehicles for decision making by a body. It is normally best to have a motion before the body prior to commencing discussion of an agenda item. There are three motions that are the most common and recur often at meetings:

1. The basic motion. The basic motion is the one that puts forward a decision for the body's consideration.

2. The motion to amend. If a Councilmember wants to change a basic motion that is before the body, they would move to amend it.

3. The substitute motion. If a Councilmember wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion.

Motions may be made by any member of the City Council, including the Chair. Any member of

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings the City Council may second a motion. (Reference Rosenberg's Rules of Order for a more detailed discussion on motions in general and sample motions.)

A. Procedure for Motions: The following is the general procedure for making motions:

1. The item is presented by staff or others followed by questions and discussion by Councilmembers.

2. A Councilmember who wishes to make a motion shall first obtain the floor.

3. A Councilmember who wishes to second a motion shall do so through a request to the Chair.

4. Before a motion can be discussed, it shall be seconded.

5. Once a motion has been properly made and seconded, the Chair shall open the matter for further discussion offering the first opportunity to the moving party and, thereafter, to any Councilmember properly recognized by the Presiding Officer.

6. Once the matter has been fully debated and the Presiding Officer calls for a vote, no further debate will be allowed, provided, however, any Councilmember may be allowed to explain his or her vote prior to the vote being cast.

B. Amendments to Motions: As previously discussed, when a motion is on the floor and an amendment is offered, the amendment shall be acted upon prior to acting on the main motion. No motion of a subject other than the agenda item under consideration shall be admitted as an amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. Action shall be taken on the amended amendment prior to any other action to further amend the original motion.

XI. PUBLIC HEARINGS/ORDINANCES & RESOLUTIONS

A. Except as provided otherwise by law, public hearings shall generally be conducted as follows:

1. Scheduled public hearings shall commence at 6:00 p.m. or as soon thereafter as possible.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings

2. Speakers are encouraged to complete a Speaker Request Slip; however, a Speaker Slip is not required in order to speak.

3. At the beginning of each public hearing item, the Presiding Officer shall announce the item for the public hearing, request that staff present the staff report and any other relevant evidence, and open the public hearing. The presentation of the staff report prior to the formal opening of the public hearing shall not prevent its consideration as evidence. Any such evidence shall be made a part of the record of the public hearing.

4. Following the staff report and opening of the public hearing, the Presiding Officer shall thereupon call upon the proponent (if other than staff) to present his or her presentation. Thereafter, the Presiding Officer shall inquire as to whether there are any persons present who desire to address the City Council on the matter. Any person desiring to speak or present evidence shall then make their presence known to the Presiding Officer and, upon being recognized by the Presiding Officer, may speak or present evidence relevant to the subject matter being heard.

5. The applicant/appellant, and/or their representative shall speak first and shall have a sufficient amount of time to do so, any portion of which may be reserved and used for rebuttal.

6. Each member of the public wishing to address the City Council, other than the applicant/appellant, shall then be allowed to address the City Council and shall have three (3) minutes to speak. Prior to declaring the public hearing open, however, when necessary because of the number of possible speakers, the Presiding Officer may establish a time limit for the entire public hearing, or establish time limits for the presentation of each individual speaker. All persons interested in the matter being heard by the City Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the City Clerk as part of the record.

7. Councilmembers who wish to ask questions of the speakers, staff or each other, during the public hearing portion, may do so only after being recognized by the Presiding Officer in the manner set out in this policy.

8. Councilmembers should be mindful that the purpose of the public hearing is to obtain testimony, and not to debate the merits of the item under consideration.

Councilmembers should avoid debate and expressions of personal opinion until after the close of the public hearing.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings

9. Following the conclusion of such questions, the Presiding Officer shall allow the applicant/appellant the opportunity for rebuttal.

10. Following the rebuttal, the Presiding Officer shall close the public hearing and then allow each Councilmember to state his or her opinion on the item before asking for a motion to decide the matter.

11. Upon closing the public hearing by the Presiding Officer, no additional public testimony shall be solicited or received by the City Council without reopening the public hearing through the Presiding Officer with consensus of the City Council.

12. The Presiding Officer at all times shall conduct the public hearing in such a manner as to afford due process to all affected persons.

XII. MEETING DECORUM & CONDUCT

Meetings of the City Council shall be conducted in an open and orderly manner and in an environment safe for all persons in attendance to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is retained at all times. The Presiding Officer shall be responsible for maintaining the order and decorum of meetings.

This policy is not intended to deprive any person of his or her right to freedom of expression, but only to maintain, to the extent possible and reasonable, a safe and conducive place to conduct public business.

A. Conduct:

1. Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of obscene, lewd, loud, threatening, repeatedly irrelevant or repetitious, or abusive language, including clapping, whistling, yelling, stamping of the feet, or other acts which disturb, disrupt, impede, or otherwise render the orderly conduct of the City Council meeting infeasible. A member of the audience engaging in any such conduct may, after warning by the Presiding Officer, at the discretion of the Presiding Officer or a majority of the City Council, be subject to removal from the meeting.

2. Persons in the audience will refrain from creating, provoking, or participating in any type of disturbance involving unwelcome physical contact.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings

3. Noise emanating from the lobby outside the Council Chambers which is audible within the Chambers shall not be permitted. The Sergeant-at-Arms is authorized to enforce this rule by requesting those in the lobby to remain silent or to leave the area.

B. Authorized & Designated Areas:

1. No person shall stand or sit in the aisles. No person shall block any doorways or exits.

2. No person except City officials shall be permitted within the platform area in front of the City Council dais without the prior consent of the Presiding Officer or City Manager.

C. Signs, Objects, or Symbolic Material:

1. Placards, signs, and posters may be brought into the Council Chambers unless such objects disturb, disrupt, impede or otherwise render the orderly conduct of the Council meeting infeasible, or block the view of any other person in attendance, in which case such placard, sign, or poster shall, at the discretion of the Presiding Officer or a majority of the Council, be moved to a different location or removed from the Chamber.

2. Packages, bundles, suitcases, or other large or potentially dangerous objects shall not, without the prior authorization of the Presiding Officer or City Manager, be brought into the City Council Chamber and are subject to search to determine that they do not pose a threat or as otherwise requested by the Sergeant-at- Arms.

D. Service Animals: Except as otherwise allowed by the City Council, no animals except for service animals shall be brought into the Council Chambers.

E. Photography/Videography: Photographs, audiotapes, and videotapes may be taken from the rear of the Council Chambers or from any seat within the Chambers, as long as such activity does not disrupt or disturb the audience, public speakers, Councilmembers or others on the dais, and interfere with the orderly conduct of the meeting. When a filming area has been designated by the Fire Marshal or Sergeant- at-Arms, filming shall occur in that area only. The Fire Marshal or Sergeant-at-Arms may designate an area for credentialed media only.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings

F. Cellular & Electronic Devices: Persons in the audience will refrain from using cellular phones and/or pagers while the City Council meeting is in session.

XIII. ENFORCEMENT

A. Sergeant-at-Arms: The Chief of Police or designee shall be the ex-officio Sergeant-at- Arms of the City Council. The Sergeant-of-Arms shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Any Councilmember may move to require the Presiding Officer to enforce the rules upon affirmative vote of a majority of the Council.

B. Violations: Upon a violation of the Rules of Procedure and Order established herein, the procedure to enforce the rules are as follows:

1. Warning: The Presiding Officer shall first request that a person who is violating the rules cease such conduct. If, after receiving a request from the Presiding Officer, the person persists in violating the rules, the Presiding Officer shall order a recess.

The Sergeant-at-Arms is authorized to warn the person that their conduct is violating the rules and that they are requested to cease such conduct. If upon resumption of the meeting the violation persists, the Presiding Officer may order another recess whereupon the Sergeant-at-Arms shall have the authority to order the person removed from the meeting and/or citied in violation of Penal Code Section 403.

2. Motion to Enforce: Any Councilmember may call a Point of Order should the City Council fail to abide by the provisions of this policy, whereupon the City Council shall immediately act upon the Point of Order by roll call vote. If the Presiding Officer fails to enforce the Rules of Procedure and Order set forth herein, any member of the City Council may move to require the Presiding Officer to do so, and an affirmative vote of a majority of the City Council shall require the Presiding Officer to do so. If the Presiding Officer fails to carry out the will of the majority of the City Council, the majority may designate another member of the City Council to act as Presiding Officer for the remainder of the meeting, for the limited purpose of enforcing the rules established herein.

3. Clearing the Room: Pursuant to Government Code section 54957.9, in the event that any meeting is willfully interrupted by a group of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings removal of the individuals who are willfully interrupting the meeting, the Presiding Officer may order the room cleared and the meeting shall continue in session.

Only matters appearing on the agenda may be considered in such a session.

Credentialed representatives of the press or other news media, except those participating in t he disturbance, shall be allowed to attend any session held pursuant to Section 54957.9.

4. Violation of California State Law: A person or persons who willfully and intentionally impair or impede the conduct of a City Council meeting by violating these Rules of Procedure and Order may be prosecuted under California Penal Code section 403, California Elections Code section 18340, or any other applicable State law for disturbing a public meeting.

XIV. PROCEDURAL MATTERS

A. City Council Seating Arrangement: The seating arrangement of Councilmembers on the dais is at the prerogative of the Mayor. ·

B. Signing of Meeting Documents: The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating official signature which were adopted in their presence, unless unavailable, in which case the signature of the Vice-Mayor may be used.

C. Copy of Recordings: The public may obtain from the City Clerk a copy, at cost, of an existing recording made by the legislative body of its public sessions.

D. Ceremonial Matters: There are several different types of action the City Council may take to provide recognition or express appreciation:

1. Certifications of Appreciation or Recognition: Commendations are typically issued to acknowledge the activities of a person or organization.

2. Proclamations: Public announcements directing attention to a person, organization, event, or cause. Proclamations will be issued subject to the policy described below.

E.C. Proclamations: It is the policy of the City Council to issue proclamations for certain individuals, organizations, events , or causes, when such a proclamation positively impacts the community and conveys an affirmative message to residents.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings

1. Discretion should be used in determining whether or not to issue a proclamation.

Proclamations that are political in nature, are controversial, or that likely would not enjoy a high level of community interest and support, are discouraged.

2. It is the policy of the City Council to process requests for proclamations in the following manner:

a. Requests for proclamations will be made through the Mayor's Office;

b. If the Mayor determines that the proclamation request is consistent with the policy stated above, the Mayor will direct his or her staff member to prepare the proclamation and the proclamation will be issued.

c. Upon receipt of the draft proclamation language, the Mayor will direct the City Manager to place the item on a meeting agenda depending on the nature and time-sensitive nature of the request.

d. Mayor and City Councilmembers will sign all Proclamations that go before the City Council . The Mayor’s Office will have an electronic file of each Councilmember on record to be used in the event that a City Councilmember is unable or unavailable to sign the Proclamation,

XV. SOCIAL MEDIA

With the ever-growing use of social media, the City Council and City staff should be aware that comments, statements, opinions, etc. are still subject to the same restrictions identified in the California Government Code, including but not limited to (the Brown Act and the Public Records Act). While the City of National City strives to maintain community involvement and transparency in its government functions, certain State and local laws must be considered and kept in mind while using social media platforms. Social media platforms such as Facebook, Twitter, and· others can be viewed by other people including other Councilmembers.

Councilmembers are encouraged to check the information they provide for accuracy.

Multiple Councilmembers cannot comment on the same conversation, as that can create a "serial meeting" of the City Council and is a direct violation of the Brown Act. If Councilmembers communicate on social media about "City business", as defined in City Administrative Policy No. 02.06, any such communication may be released to the public upon request.

Councilmembers should refrain from stating personal opinions on matters being brought

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings before the City Council including, but not limited to: personal opinions on topics, declarations on how an official intends to vote for an item, debating with citizens on items, or presentation of the Councilmember's argument in support or opposition of an item , as those could be considered violations of the Brown Act, which can result in criminal and civil liabilities for the official.

Councilmembers should always maintain professionalism and common courtesy in posts and comments when commenting in their official capacity and should remain neutral in postings to prevent the interpretation that a decision has already been made outside of an open meeting, in violation of the Brown Act. Councilmembers should also be aware that there is inherent personal civil liability risk on all comments the y make outside of official meetings.

For example, if a Councilmember "blocks" a social media user, or deletes a comment from a social media user, the Councilmember risks violating the social media user's First Amendment rights.

Councilmembers should not use their official positions to make negative posts, voice personal opinions, etc. against any individual, business, entity, etc., as that could create negative feedback for the official and City and could potentially subject the official to personal civil liability for slander, defamation of character, or other civil remedies that could be determined by a court. Councilmembers should also refrain from using aliases or having fake profiles on social networking sites.

City Councilmembers and staff shall not use any official City media site, including but not limited to the City's Facebook page, the City's Twitter accounts, or to any other City media outlet for personal reasons or personal gain.

IV. POLICY INTERPRETATION & APPLICABILITY

The Policy and Rules of Procedure and Order set forth herein shall be liberally construed to effectuate their purpose and no ordinance, resolution, proceeding or other action of the City Council shall be invalidated, nor the legality thereof otherwise affected, by the failure or omission of the City Council to technically comply with, observe, or otherwise follow such rules. Any provision of these rules not already governed by City ordinance or State law may be suspended by a majority vote of the City Council.

The rules set forth herein shall apply to all meetings of the City Council subject to the Brown Act and shall apply to the Council Chamber or any other location where a meeting subject to these rules takes place. In the event of any inconsistency between these rules and State law or regulation, State law or regulation shall apply.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings

IV. DEFINITIONS

Abstain To publicly refrain from voting usually because of a conflict interest.

Adjourn A privileged motion to officially close a meeting. A second is required and a majority vote is required to adopt it.

Call to Order An announcement by the Presiding Officer to convene a meeting.

Consent Calendar The routine parts of the agenda which are approved without discussion or dissent.

Decorum To conduct oneself in a proper manner.

Dire Emergency When a majority of the legislative body determines that a dire emergency exists, it may call an emergency meeting (Government Code Section 54956.5 (a)(2)). A dire emergency, is defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one -hour notice before holding an emergency meeting may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body.

Emergency Meeting When a majority of the legislative body determines that an emergency situation exists, it may call an emergency meeting (Government Code Section 54956.5). An emergency is defined as work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body.

Legislative Body City Councilmembers are legislators. Together, the members of the City Council constitute a legislative body that is given authority by the State constitution and State law to make local law.

Meeting Includes any congregation of a majority of the members of a legislative body at the same time and location, including

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings teleconference location as permitted by Section 54953, to hear, discuss, r deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. (Government Code § 54952.2(a).)

Minutes The official record of what is done at a meeting.

Motion The vehicles for decision-making by a body used with a vote to indicate approval, denial, adoption, or direction.

Ordinance A City law that generally requires two separate meetings and typically becomes effective thirty days after adoption.

Parliamentarian One who advises the Officers, Committees, and Council Members on matters regarding parliamentary procedure.

Policy The opinions, philosophy, or practices that are adopted by an organization.

Public Hearing Items that are publicly noticed for a specific City Council meeting date, as generally required by law, and are designed to receive separate public input on a specific matter.

Point of Order An interruption of a meeting to question whether rules or bylaws are being broken.

Presiding Officer The officer conducting the meeting; Chair or Chairman.

Public Hearing A noticed public session to receive original evidence or testimony on applications regulated by this title. Scheduled public hearings shall be commenced at 6:00 p.m. or as soon thereafter as possible.

Quorum The minimum number of members who must be present at a meeting to transact business legally.

Ralph M. Brown Act The Ralph M. Brown Act, commonly known as the "Brown Act," governs meetings conducted by local legislative bodies, such as Boards of Supervisors, City Councils and School Boards. The Act represents the Legislature's determination of how the balance should be struck between public access to meetings of

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings multi­member public bodies on the one hand and the need for confidential candor, debate, and information-gathering on the other. The purpose of the Brown Act is to facilitate public participation in local government decisions and to curb misuse of the democratic process by secret legislation by public bodies.

Recess A period of time longer than twenty (20) days without a regular or special meeting of the Council.

Resolution A legislative or other type of action providing for the disposition of a particular item of business. Resolutions take effect upon passage by a majority vote of the City Council unless other law imposes a later effective date.

Rosenberg's Rules of Order Written rules of parliamentary procedure which govern a meeting.

Sergeant-at-Arms The Chief of Police or his or her designee shall be the ex-officio Sergeant-at-Arms of the City Council.

Special Meeting In contrast with a regular meeting, a meeting called for a particular purpose that is stated when the meeting is called.

SECTION XVIII. RELATED POLICY REFERENCES

Related Policy References
National City Municipal Code, Chapter 2.04
National City Municipal Code, Title 16
Ralph M. Brown Act
Rosenberg's Rules of Order
City Council Policy No. 102 - City Council Meeting Times City Council Policy No. 103 - Special Council Meetings
City Council Policy No. 105 - Off Agenda Items and Placing Non-Agenda Items on the Agenda City Council Policy No. 106 - Preparation of City Council Meeting Minutes City Council Policy No. 113 - Unauthorized Disclosure of Information Revealed in Closed Sessions City Council Policy No. 116 - Procedure for Disclosure of Ex Parte Contacts

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 17, 2023
October 15, 2024
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings Administrative Policy No. 02.06- Public Records Act Affecting Personal Electronic Devices & Accounts of City Users

Prior Policy Amendments

June 11, 2013 (Revised – removed Robert’s Rules of Order and replaced with Rosenberg’s Rules of Order) Per meeting minutes
October 8, 2013 (Resolution No. 2013-147)
April 2, 2019 (Resolution No. 2019 -37)
August 18, 2020 (Resolution No. 2020 -152)
October 5, 2021 (Resolution No. 2021 -148)
August 15, 2023 (Resolution No. 2023 -119)
October 17, 2023 (Resolution No. 2023 -149)

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: August 15, 2023
October 15, 2024
ADOPTED: June 17, 1986
POLICY # 106
TITLE: Preparation of City Council Meeting Minutes

PURPOSE

To establish the format of the official minutes of the City Council (and all their subsidiary functions) and the disposition of video recordings of those proceedings.

POLICY

The meeting minutes will be action only minutes and will include the item title, staff recommendations, Board, Commission and Committee recommendations, the Council action and the vote.

Public Hearings will include a list of people speaking in favor / in opposition or neutral to the item for consideration.

The record of all items of business considered by the City Council (or their other subsidiary functions) shall consist solely of a brief title identifying each item of business, the recommendation of any Board, Commission or Committee, the recommendation of staff, the motion made, and the vote taken. The record of that portion of the City Council meeting devoted to reports from the Mayor, the City Attorney, and the other staff shall consist of a brief description of the subject matter of the report and of any description, provided that the record or any part thereof shall be verbatim if so requested by a member of the City Council prior to approval of the minutes. This would be to memorialize the conversation in the minutes. However, the video of the complete meeting is available on the City website for historical reference in full version.

It is the goal of the City Clerk's Office to post the recording or webinar of the meeting within 24 hours of the meeting. The City Council meeting minutes will be posted once adopted by the City Council.. Hard copies of the City Council meeting agendas and minutes are available in the City Clerk's Office. Minutes and recordings will be maintained on the City 's website according to the City’s most current Records Retention Schedule.

Related Policy References
None.

Prior Policy Amendments
June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147)

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees

PURPOSE

To establish a procedure to serve as a guide in making appointments to various City Boards, Commissions, and Committees. The City currently has the following Boards, Commissions, and Committees to which this Policy applies:

Mayor’s Appointments:

1. Board of Library Trustees

2. Community and Police Relations Commission

3. Park, Recreation, and Senior Citizens Advisory Committee

4. Public Art Committee

5. Sweetwater Authority

6. Traffic Safety Committee

7. Veterans and Military Families Advisory Committee

City Council Appointments:

1. Civil Service Commission

2. Planning Commission

3. Housing Advisory Committee including Ex-Officio Members

4. Port Commission (Per the San Diego Unified Port District Act, Section 16, this seat must be filled by a National City resident. The Commissioner shall be a resident of the City at the time of their appointment s, and during the full ter m of the appointment.)

POLICY

Appointment Process
A. Opportunity to apply. All interested individuals shall be given an opportunity to submit applications for vacancies on City Boards, Commissions, and Committees. Incumbent Appointees are not automatically re-appointed but are required to fill out an abbreviated application provided by the City Clerk, indicating their interest in continuing to serve.

B. Unexpired terms. If an incumbent Appointee was appointed to fill an unexpired term and the Appointee serves for less than one year in that position, the Council may re - appoint the incumbent without considering other applicants.

C. Vacancies. When vacancies occur, the following procedure shall be followed:

1. Schedule vacancy. When a term is expiring or expires, public notice of the vacancy shall be made, inviting interested individuals to submit applications for the vacancy

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees on a form provided by the City Clerk on the City website.

Unscheduled vacancy. An unscheduled vacancy sh all be filled according to Government Code Section 54974, which generally provides as follows: Whenever an unscheduled vacancy occurs, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the Office of the City Clerk, the City website, outside City Hall on the Bulletin Board , and on City social media platforms not earlier than twenty (20) days before or not later than twenty (20) days after the vacancy occurs. The City Council shall not make a final appointment for at least ten (10) working days after posting the notice in designated locations. The notice’s posting and application period shall be thirty (30) calendar days. However, if it finds that an emergency exists, the City Council may, fill the unscheduled vacancy immediately. According to this section, a person appointed to fill the vacancy shall serve only on an interim basis until the final appointment.

The end of term for the members of Boards, Commissions, and Committees generally occurs in an annual rotation during the months of March and September.

Appointments will be considered at those times unless a vacancy resulting from a resignation results in the lack of a Quorum on the Board, Commission, or Committee, in which case the appoint ment c ould occur at the time of the unscheduled vacancy in accordance with the procedure set out above.

3. Government Code Section 40605, and National City Municipal Code Title 16, grants the Mayor, with the City Council’s approvals, the authority to make all appointments unless otherwise explicitly provided by statute. The exceptions are:

1. Civil Service Commission

2. Planning Commission

3. Housing Advisory Committee including Ex-Officio Members

4. Port Commission

The City Council fills vacancies on these bodies.

D. Implementation. Implementation of Council policy for appointment to Boards, Commissions, and Committees requires the following:

1. Per Government Code Section 54972, on or before December 31 of each year, the City Council shall prepare a list of appointments of all regular and ongoing Boards, Commissions, and Committees appointed by the City Council. The City Clerk will prepare the list of all regular and ongoing Boards, Commissions, and Committees appointed by the Mayor or the City Council. The list shall

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees contain a list of all terms that will expire during the next calendar year, the incumbent appointee’s name, the appointment date, the term’s expiration date, and the position’s necessary qualifications. It shall also include a list of all Boards, Commissions, and Committees whose members serve at the City Council’s pleasure and the qualifications required for each position. This Local Appointments List shall be made available to the public on the City website.

2. Notice. A public notice for vacancies must be placed in the newspaper of general circulation within the City , on the City ’s website, City Hall Bulletin Boards, and City social media platforms.

3. Expiration of term. All appointees will receive a letter as their terms expire asking if they would like to re-apply for the position.

4. Applications. Applications shall be available accepted electronically on the City website and in the City Clerk’s Office. Submissions must be received before the advertised deadline for consideration for the appointment. All applications will be retained in the City Clerk’s Office for one year from the date the application was submitted. Du ring the one -year retention period of the application, an applicant shall be considered for other vacancies on Boards, Commissions, and Committees.

The City Clerk’s Office will notify the applicant being considered for an appointment to confirm that they are still interested in volunteering.

5. A member may only serve on one (1) Board, Commission, or Committee at a time.

If an applicant applies for another position on a different Board, Commission, or Committee, that applicant will forfeit the prior seat an d a vacancy will occur per policy.

6. Residency requirement: If a position on the Board, Commission or Committee is for a resident, the applicant must be a resident at the time of submitting the application.

The address must be an identifiable National City address, with verification by the City Clerk’s Office. If an applicant is found to be a non -resident, they will not b e considered. They will be encouraged to apply for a non-resident seat when available.

7. Interviews:

a. Mayor Appointments: Interviews for Mayoral appointments will be conducted by the Mayor outside of the public meeting and scheduled by the Mayor’s Office.

b. City Council Appointments: Interviews for the four (4 ) Civil Service

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees Commission, Planning Commission, Housing Advisory Committee , and Port Commission who serve at the City Council’s pleasure and are appointed by the City Council as a body will be interviewed in the public forum at a City Council Meeting as described below.

b.c. The City Clerk’s Office makes attempts to inform applicants of the date and time of the City Council Meeting scheduled for interviews and appointments.

Allowing the applicant the opportunity to attend in person or via Zoom for interviews and questions. Attempts are made via emails, and telephone calls prior to the meeting.

8. Mayoral Appointments:

The Mayor will make the motion to appoint (naming the appointee) and Councilmembers may second the motion. The City Clerk will then take a roll call vote of the City Council. A majority vote of the City Council will be required for the appointment. If t he majority of the City Council choose to deny the proposed appointment, the Mayor shall either propose an alternative candidate from the current application pool or choose to reopen the application period and return to the City Council at a future City Co uncil Meeting with a different applicant for consideration. If a Mayoral Appointment is not approved by the majority of the City Council by confirmation, that applicant is removed from the pool for that seat. The Mayor will return to a future meeting with a substitute Mayoral appointment.

9. For City Council Appointments, the Interview Process is as follows:

a. The City Clerk will provide an overview of the Board, Commission , or Committee(s) with current vacancy (ies). The Mayor will introduce the applicant and two (2) questions will be asked of each applicant on behalf of the City Council.

b. Each applicant is given two (2) minutes to make a brief introduction of themselves and their qualifications to the City Council.

c. Mayor and City Councilmembers will ask questions of each applicant. All applicants must be asked the same questions.

d. Total time per applicant is five (5) timed minutes with time allowed for clarification at the discretion of the City Council, not to exceed ten (10) minutes total per applicant.

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees

e. All appointments and interviews before the City Council will be scheduled as needed to fill unexpected vacancies, with every effort to be made before an individual's term expires. Interviews may take place at one meeting, with appointments made at a subsequent meeting.

9. Vacancies for City Council Appointed Positions. If the vacancy is for a City Council appointed position, and there is more than one (1) applicant for a given position, the voting process will proceed as follows: Once the interviews are complete, each Councilmember votes for their choice via a written ballot provided by the City Clerk. Each Councilmember shall print and sign their name on the ballot. All ballots shall be considered a public record and be open to inspection by the public. The ballots are passed to the City Clerk who announces the number of votes for each candidate.

If the appointment process is conducted via a virtual meeting the process is the same except the ballot/vote process. The City Clerk’s Office will provide a Vote Sheet (a piece of paper electronically) with the name of each applicant to be considered. Councilmembers will mark their paper, fold it and hand it to the City Clerk as they are collected. If a member is virtual, they will announce their vote verbally first before any other votes are read into the record. The City Clerk will tally the votes and will then confirm the votes with a verbal roll call. The applicant with the most votes is appointed.

In the event of a tie, each Councilmember votes again until one (1) candidate has the majority vote and is declared to be the newly–appointed member of the Board, Commission, or Committee.

10. Re-appointment beyond two terms. Anyone wishing to be re-appointed to any Board, Commission, or Committee and has served two or more full terms already must be approved by a four -fifths vote of the City Council. If all five members of the City Council are not present, or if one member abstains or recuses their vote, the four- fifths requirement shall be changed to require only a simple majority.

11. Report to Council:

All applications received for vacancies , whether Mayoral Appointment or City Council Appointment, will be attached to the staff report to Council. All applications will have private personal information redacted (name, street numbers and name of street address, and phone number). This redacted information is in alignment with Government Code Section 6255(a) because the public interest served by not

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees disclosing the applicant’s personal, private information and protection of the applicant’s right to privacy outweighs the public interest served by disclosing that information.

12. An automatic vacancy upon b ecoming a Non-Resident. An unscheduled vacancy automatically occurs when a resident holding an appointment position on a City Board, Committee, or Commission becomes a non-resident by moving out of National City limits. When an unscheduled vacancy occurs due to a resident becoming a non-resident, the unscheduled vacancy may be filled as follows:

a. A special vacancy notice shall be posted in the Office of the City Clerk, and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final Appointment at a City Council Meeting shall not be made by the Appointing Authority for at least 10 working days after the posting of the notice in the City Clerk’s Office.

b. The Appointing Authority ma y appoint the former resident to a Non - Residential position if a Non-Residential position is vacant.

However, the Appointing Authority may, if it finds that an emergency exist s, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section.

13. Only City Residents may be elected to Chair and Vice -Chair positions. To be eligible to be elected as the Chairperson of a City Board, Committee , or Commission, the member must be a resident of the City.

14. Resignations, Attendance, Training, and Removals

Resignation:

If a Commissioner or Member of a Board, Committee, or Commission is unable to continue serving because of health, business requirements, or personal reasons, a letter of resignation shall be submitted to the City Clerk, who will present to the City Council.

Attendance:

Regular attendance at meetings is critical to be effective operation of City Boards,

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees Commissions, and Committees. The City Council relies on the advice of the City’s Boards, Commissions, and Committees, which is the result of discussions among appointed m embers. The City Council anticipates that members of Boards, Committees, and Commissions shall make every reasonable effort to attend all regular and special meetings of their respective Boards , Commissions, and Committees, and to be prepared to discuss matters on their respective agendas.

A Commissioner or Member of a Board, Committee, or Commission shall be considered removed from any advisory board under the following conditions:

1. A Commissioner or Member of a Board, Committee, or Commission with unexcused absences from three consecutive regularly scheduled meetings.

2. A Commissioner or Member of a Board, Committee, or Commission misses more than 25% of the advisory body’s meetings in a calendar year.

3. A Commissioner or Member of a Board, Committee, or Commission must be present at least one hour, or 50% of the entire meeting, whichever is less, to be counted as present for purposes of attendance.

Excused Absences:

An “excused absence” is only granted when absolutely necessar y and pre - approved if at all possible. The City Council encourages Boards, Commissions, and Committees to refrain from scheduling meetings on cultural and religious holidays in order to encourage full participation by all Commissioners, Board Members, and the public . The pre-approval of excused absences will be by the body as a whole and documented in the meeting minutes.

Excused absences are listed as follows:

1. Illness of t he Commissioner or Member of the Board, Committee, or Commission, their family member, or their personal friend;

2. Business commitment of the Commissioner or Member of the Board, Committee, or Commission that interferes with the attendance at a meeting;

3. Attendance of the Commissioner or Member of the Board, Committee, or Commission at a funeral, religious service or ceremony, wedding, or other similarly-significant event; or

4. Other reason for which the Commissioner or M ember of the Board, Committee, or Commission has given notice to the Chairperson or Secretary of their unavailability fifteen (15) days in advance, as long as the unavailability

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees is not expected to last longer than 30 days.

Removal:

The Secretary or Lead of each Board , Commission, or Committee will report the attendance to the Office of the City Clerk on a monthly basis. If the attendance or absences fall within these guidelines , the Office of the City Clerk will prepare a report to City Council for review and possible removal of the Commissioner, Member, or Alternate sitting on the Board, Committee, or Commission . Any Commissioner, Member, or Alternate sitting on a Board, Committee, or Commission may be removed from office at any time by a simple majority vote of the City Council at a regularly scheduled Council meeting with or without cause.

Mandatory Training and Filing Requirements:

Commissioners and Members of Board, Committee, or Commission, as appointed by the legislative body, are entrusted with certain responsibilities and concomitant training and reporting. The following are requirements of Commissioners and Members of Boards, Commissions, and Committees. This training is required to be completed within 30 days of appointment or notification.

1. Oath of Office (Article XX of the California Constitution, and California Government Code Section 36507)

2. Fair Political Practices Commission (FPPC) Statement of Economic Interest Form 700 Filing (California Government Code Section 87100 et seq)

3. AB1234 Ethics Training (California Government Code Section 53235.1(b))

4. Sexual Harassment Training

5. Brown Act Training

6. Social Media Training

7. Any training required by State Law, Federal Law, or City Policies.

All training is offered in a variety of formats including in person, vi a Zoom, training website/software , and pre -recorded video. Currently, t hese are all requirements of the Mayor and City Council, and City staff.

Removal:

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees Failure to complete any of these requirements within 30 days of the appointment date or date of notification is cause for automatic removal.

Related Policy References
Government Code Section 40605
Government Code Section 54970, et seq.

Article XX of the California Constitution, and California Government Code Section 36507 California Government Code Section 53235 (b)
California Government Code Section 871 00 et seq
National City Municipal Code Title 16 (pending)

Prior Policy Amendments:

February 2, 2021 (Resolution No. 2021 -08)
May 19, 2020 (Resolution No. 2020 -95)
November 9, 1993 (Resolution No. 93-173)
June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147)
May 19, 2020 (Resolution No. 2020-20)

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

CITY OF NATIONAL CITY

NCIL POLICY

CITY OF NATIONAL CITY
TYY

TITLE: Mayor and City Councilmembers Office Budget POLICY: 121

ADOPTED: June 4, 2024 AMENDED: October 15, 2024

PURPOSE

The City Council of National City, during the adoption of the Fiscal Year 2023 -2024 City Budget, included a $100,000 appropriation for each Councilmember’s budget. The purpose of this policy is to establish uniform guidelines and procedures for the expenditure of the funds to ensure that the funds are expended in the best interests of the Council District and/or City, as applicable, and are consistent with the objectives of the City’s Strategic Plan and City Council priorities.

POLICY

A. The Mayor and each Councilmember must submit an Annual Appropriation Request for review by the Department of Finance and the City Manager as part of the City’s Annual Budget Adoption process.

Budget categories are as follows:
 Personnel Services
o Part Time Positions
o Full Time Positions
o Professional Services (consultants)

 Governmental Purposes: These expenditures must be consistent with the City’s adopted Strategic Plan and City Council priorities and spent within the District of the Councilmember. (See attached Strategic Plan 2020 -2025).

 Training, Travel and Subsistence: These expenditures are for conferences or training registration fees, travel costs associated with getting to the training/conference, and lodging and meals during the training/conference. The training/conference must be directly related to City business and have a direct benefit to the City and, therefore, will be considered City business. When a Councilmember attends a conference/training at the expense of the City he/she must report out on the conference/training in accordance with AB 1234. Attachment 2 to this policy is the list of approved conferences and trainings. Conferences/trainings not listed will require City Council approval. All requests for reimbursement for travel and conference/training expenses must be consistent with City Council Policy #109 and must be pre-approved by the Purchasing Review Committee.

 These funds may also be used for travel, lodging and meals related to legislative advocacy provided the legislative advocacy is consistent with the City’s adopted legislative platform.

TITLE: Mayor and City Councilmembers Office Budget POLICY: 121

ADOPTED: June 4, 2024 AMENDED: October 15, 2024

 Materials and Supplies: These expenditures are for general office supplies, supplies for events or outreach. Purchase of materials and supplies must be consistent with the City’s Purchasing Policy.

B. Professional Services: Councilmembers may require, in addition to administrative support, services of a recurring nature or for a specific one-time project which cannot be routinely provided by City staff, either because of the expertise required or the ongoing workload. Consultants may b e employed where City staff is unable to accommodate this need.

It is the policy of the Council that the selection of consultants by Mayor and/or Councilmembers shall be made from as broad a base of applicants as possible and that the choice be based on d emonstrated capabilities or specific expertise. The Council encourages the engagement of local consultants where possible. The type and scope of the required service or product must be clearly defined by the Mayor/Councilmember so the City Manager can de termine whether it can be most efficiently provided by City staff or by a consultant and, where a consultant will be chosen, whether licensed or non-licensed services are necessary.

A minimum of three qualified consultants should be considered for selectio n except in those cases where unique expertise is required and can be provided only by a limited number of available consultants.

All consultant contracts must be reviewed by the City Attorney’s Office for compliance with AB 5 and shall be on a City Attorney approved contract form. All consulting contracts which exceed $50,000 shall be reviewed and approved by the City Council.

At a minimum, the following information shall be provided to the Council for review:
* The length of time the consultant has been in the business required by the scope of work.
* Proof of expertise and demonstrated success in the field of expertise required by the scope of work.
* Disclosure of economic interests and relationships between the Mayor/Councilmember and the consultant during the past 12 months.

For contracts below $50,000, the City Manager has the discretion as to whether City Council approval is required.

C. Part Time and Full Time Personnel : Part time and full time personnel shall be recruited and hired in accordance with the City’s personnel hiring policies and practices.

TITLE: Mayor and City Councilmembers Office Budget POLICY: 121

ADOPTED: June 4, 2024 AMENDED: October 15, 2024

D. Restrictions on the Use of Public Resources : All expenditures are subject to the restrictions on the use of public funds including, but not limited to:
a. Gift of public funds prohibited.
b. Use of public funds or resources for political purposes is prohibited. c. Political activities during the workday are prohibited. d. Public resources cannot be used for political campaign activities.

E. Social Media: To the extent public resources (i.e. funds or staff) are used for social media, the City’s Social Media Policy is applicable. The Social Media Policy is Policy

1.13 and is located in the City Administrative Manual.

F. Reimbursement Procedure: Prior to the expenditure, all reimbursement requests must be submitted to the Mayor (acting as the Department Head) for approval. The request shall show the details of the proposed expenditure with supporting documents. The Mayor shall review the request for compliance with this policy and any other applicable policy and affix his/her signature to signify approval and submit the request to the City Manager for final approval. Should the Mayor not approve a reimbursement request he/she shall notify the City Council within 24 hours of the denial and provide the basis for the denial. In the event the Mayor and City Manager disagree as to the approval/denial of the specific request, the request shall be submitted to the City Council for consideration.

G. District Budget Carryover: Council District funds shall be expended during the fiscal year approved. Unexpended funds shall not carry over into the next fiscal year.

H. Non-profits: Council District funds shall not be used to contribute to or support non - profit or tax exempt organizations.

I. This policy shall be reviewed on an annual basis.

PRE-APPROVED CONFERENCES

 California League of Cities sponsored conferences/trainings  National League of Cities sponsored conferences/trainings  California Fair Political Practices Commission sponsored conferences/trainings  International Council of Shopping Centers (ICSC) sponsored conferences/trainings  American Public Works Association (APWA) sponsored conferences/trainings  Vehicles for Change sponsored conferences/trainings
 National Association of Regional Councils sponsored conferences/trainings  Conferences/trainings approved during the Budget Adoption process  San Diego Regional Chamber of Commerce Binational Delegation to Mexico City

TITLE: Mayor and City Councilmembers Office Budget POLICY: 121

ADOPTED: June 4, 2024 AMENDED: October 15, 2024

STRATEGIC PLAN
2020-2025

Strategic Focus Area #1 – Balanced Budget and Economic Development a) Maximize economic development strategies.
b) Partner with other public agencies and non-profits, to increase revenue and augment services.
c) Manage pension and other employee expenses.
d) Optimize City assets and lease property, when appropriate.

Strategic Focus Area #2 – Communication and Outreach
a) Prepare effective budget, close deficit, accurately forecast funding sources, manage investments wisely, provide consistent financial reports, maintain clean audits, resolve findings/ deficiencies in a timely manner, and update finance and budget policies.
b) Connect the community with timely and transparent information. c) Increase meaningful outreach through quality engagement. d) Improve emergency preparedness and public noticing.
e) Promote educational and economic opportunities.

Strategic Focus Area #3 – Health, Environment, and Sustainability a) Update and Implement the Climate Action Plan.
b) Support a healthy community through active living and healthy eating. c) Create health and education hubs around major transit stops. d) Support an age-friendly community.

Strategic Focus Area #4 – Housing and Community Development a) Pursue new housing options at all income levels.
b) Ensure preservation of existing affordable housing stock. c) Streamline permitting and improve code compliance.
d) Enhance role in reducing homelessness.

Strategic Focus Area #5 – Parks, Recreation and Library a) Improve outreach and increase participation.
b) Organize community events and support other gatherings. c) Seek reliable funding and synergize the South Bay partners. d) Develop volunteer program and community services plan.

Strategic Focus Area #6 – Public Safety
a) Reduce overall crime and illegal activity
b) Improve operational readiness and community resilience c) Enhance recruitment and retention and promote public safety pipeline. d) Expand community engagement and increase visibility.

TITLE: Mayor and City Councilmembers Office Budget POLICY: 121

ADOPTED: June 4, 2024 AMENDED: October 15, 2024

Strategic Focus Area #7 – Transportation Choices and Infrastructure a) Expand mobility choices by improving access to transit, biking, walking, rolling and parking management.
b) Improve traffic safety through traffic calming and safe routes. c) Update capital needs assessment and funding strategies. d) Maintain infrastructure and establish measurable targets.

Prior Policy Amendments:

June 4, 2024 (Resolution No. 2024 -60) Initiated

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING CITY COUNCIL POLICY NOS. 101, 104, 106, 107, and 121 WHEREAS, the City of National City (“City”) City Council Policy No. 101 requires an annual review of the City’s City Council Policy Manual; and WHEREAS, having completed the annual review of the City’s City Council Policy Manual, City staff requests that the City Council authorize updates to Policy Nos. 101, 104, 106, 107, and 121 as displayed in Exhibits B through F of the agenda report.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Authorizes updates to the following City Council Policies:

Policy No. 101 – City Council Policy Manual; and
Policy No. 104 – Rules of Procedure and Order for City Council Meetings; and Policy No. 106 – Preparation of City Council Meeting Minutes; and Policy No. 107 – Appointments to Boards, Commission and Committees; and Policy No. 121 – Mayor and City Councilmember Office Budget Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 15th day of October, 2024
__________________________
Ron Morrison, Mayor
ATTEST:
_________________________
Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM
_________________________
Barry J. Schultz, City Attorney

AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Approval of City Council Meeting Minutes.

RECOMMENDATION:

Approve and File.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Meeting Minutes:

Regular City Council Meeting of October 1, 2024

FINANCIAL STATEMENT:

Not applicable.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable

EXHIBIT:

Exhibit A - Regular City Council Meeting of October 1, 2024 – Meeting Minutes

REGULAR MEETING MINUTES OF THE CITY COUNCIL
October 1, 2024, 6:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA

Present: Councilmember Bush
Councilmember Molina
Councilmember Rodriguez
Vice-Mayor Yamane
Mayor Morrison

Others Present: Ben Martinez, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk (via Zoom)
Carlos Aguirre, Director of Community Development
Walter Amedee, Management Analyst III
Juanita Castaneda, Recreation Supervisor
Robert Drew, Deputy Fire Marshal/Fire Inspector
Jo Espiritu, Fire Inspector
Bruce Foltz, Finance Director
Danielle Ghio, Acting City Librarian
Jacob Guzman, Fire Inspector
Brian Hadley, Deputy City Manager
Alex Hernandez, Chief of Police
Lydia Hernandez, Director of Human Resources
Robert Hernandez, Division Chief/Fire Marshal
Tonya Hussain, Deputy City Clerk
Martha Juarez, Assistant Director of Engineering/Public Works Sergio Mora, Fire Chief
Ronny Soriano, Neighborhood Services Manager

1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:07 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Bush, Molina, Rodriguez, Yamane (6:31 p.m. arrival), Morrison Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.

3. PLEDGE OF ALLEGIANCE TO THE FLAG
Councilmember Bush led the Pledge of Allegiance.

4. INVOCATION
Delivered by Pastor Reuben.

5. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced City Clerk Chapel.

Five (5) speakers provided virtual comments and two (2) people provided in -person comment:

Virtual Comment:

Peggy Walker
Megan Stuart
Madison Rapp
Terri-Ann Skelly
Becky Rapp

In-person Comment:

Rob Umana
Truth

6. PROCLAMATIONS AND RECOGNITION

6.1 Proclamation - Fire Prevention Week
Mayor Morrison introduced the Proclamation. The proclamation was accepted by Chief Mora and Fire Department staff. The staff performed a demonstration for the City Council and community in attendance on the safe use of a Fire Extinguisher.

6.2 Introduction of New City Employees
City Manager Ben Martinez, Human Resources Director Lydia Hernandez, Neighborhood Services Manager Ronny Soriano, Director of Community

Development Carlos Aguirre, and Chief of Police Alex Hernandez introduced new members of department staff.

Councilmember Bush left the dais at 6:56 p.m. and returned at 7:02 p.m.

7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
One public comment was received from Truth.

Councilmember Rodriguez had no report.

Councilmember Bush announced the annual Free Transit Day scheduled to occur on October 2, 2024.

Councilmember Molina reported on the business of the SANDAG Board of Directors meeting.

Vice-Mayor Yamane provided an update on the San Diego Water Authority.

Mayor Morrison had no report.

Port Commissioner Ungab provided an update via a PowerPoint presentation.

Councilmember Bush left the dais at 7:14 p.m. and returned at 7:15 p.m.

Councilmember Rodriguez left the dais at 7:17 p.m. and returned at 7:18 p.m.

8. CONSENT CALENDAR
ACTION: Motion by Vice-Mayor Yamane , seconded by Councilmember Rodriguez to approve the Consent Calendar with the exception of Items 8.3 and 8.4 pulled by Vice - Mayor Yamane; 8.7 pulled by Councilmember Molina; and , Items 8.8 and 8.9 pulled for public comment.

8.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
Motion carried by unanimous vote.

8.2 Approval of City Council Meeting Minutes.

Approve and File.

Motion carried by unanimous vote.

Item pulled for discussion.

8.3 Bayshore Bikeway - Segment 5 project, CIP 22 -33, ATP Cycle 6, grant appropriation for Construction (CON) phase.

Adopted Resolution No. 2024-111.

Brief report provided by Assistant Director of Engineering/Public Works Martha Juarez.

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Mayor to Execute Program Supplement Agreement No. A670 with the State of California Department of Transportation for the Bayshore Bikeway - Segment 5 project, CIP 22-33, ATP Cycle 6; 2) Authorizing the Establishment of an Engineering Grants Fund Appropriation of $2,072,000 and Corresponding Revenue Budget; and 3) Committing to Providing a Local Match of $310,800.”
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Bush to adopt the resolution.

Motion carried by unanimous vote.

Item pulled for discussion.

8.4 Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) for a New Charter School (Integrity Charter School) to be located at 229- 241 National City Blvd.

Report provided by Director of Community Development Carlos Aguirre.

One public comment received from Joseph Martinez.

Staff Recommends Approval of the New Charter School, Subject to the Recommended Conditions in the Attached Planning Commission Resolution and a Determination that the Project is Exempt from the California Environmental Quality Act (CEQA). An Educational Institution is a Conditionally Allowed Use in Development Zone 2 of the Downtown Spec ific Plan Area and would be a Resource for the Local Community.

ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Molina to approve the staff recommendation.

Motion carried by unanimous vote.

8.5 Project Close-Out and Notice of Completion for the Civic Center ADA Accessibility Project, CIP No. 19-45.

Adopted Resolution No. 2024-112.

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by Blue Pacific Engineering and Construction for the Civic Center ADA Accessibility Project, CIP No. 19 -45; 2) Ratifying Change Order Work in the Amount of $2,145.10; 3) Approving the Final Contract Amount of $214,419.00; 4) Ratifying the Release of Retention in the

Amount of $10,720.95; and 5) Authorizing the Mayor to Sign the Notice of Completion.”
Motion carried by unanimous vote.

8.6 Project Close-Out and Notice of Completion for the Kimball Park Dog Park and Tot Lot and Las Palmas Park Dog Park Project, CIP 23-06.

Adopted Resolution No. 2024-113.

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by HSCC Inc. for the Kimball Park Dog Park and Tot Lot + Las Palmas Park Dog Park Projec t, CIP No. 23-06; 2) Approving the Final Contract Amount of $1,036,359.28; 3) Ratifying the Release of Retention in the Amount of $51,817.96; and 4) Authorizing the Mayor to Sign the Notice of Completion.”
Motion carried by unanimous vote.

Item pulled for discussion.

8.7 Approval of Expenditures for Councilmember Jose Rodriguez related to Attendance at the California Department of Education Housing Summit in Sacramento on August 14, 2024.

Staff Recommends Approval of Expenditures for Councilmember Jose Rodriguez related to attendance at the California Department of Housing Summit in Sacramento on August 14, 2024.

ACTION: Motion by Councilmember Molina to deny approval of the expenditure.

Motion failed for lack of a second.

ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to approve the expenditure.

Ayes: Bush, Rodriguez, Yamane, Morrison
Nays: Molina
Motion carried by 4-1 vote.

Councilmember Molina left the dais at 8:12 p.m. and returned at 8:13 p.m.

Item pulled for discussion.

8.8 Warrant Register #7 for the period of 8/9/24 through 8/15/24 in the amount of $2,564,874.14
Public comment was received from Truth and Thomas Rike.

Ratify Warrants Totaling $ 2,564,874.14

ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Bush to ratify Warrant Register #7.

Motion carried by unanimous vote.

Item pulled for discussion.

8.9 Warrant Register #8 for the period of 8/9/24 through 8/15/24 in the amount of $4,828,614.60
Ratify Warrants Totaling $4,828,615.60
ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to ratify Warrant Register #8.

Motion carried by unanimous vote.

9. STAFF REPORTS

9.1 Development and Disposition Agreement with To wer 999, LLC, for a Mixed -Use Housing Project Including City-Owned Real Property Located at 921, 925, and 929 National City Blvd.

Adopted Resolution Nos. 2024-114 and 2024-115.

Director of Community Development Carlos Aguirre presented a PowerPoint presentation.

Cyrus and Emilia, Inc. Managing Partner Cyrus Rapinan was present and answered questions posed by the Council.

Public comment was received from Thomas Rike for this item, mistakenly made during discussion for item 8.9.

Recommendation: Adopt the Resolutions Entitled:

1. “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute a Disposition and Development Agreement with Tower 999, LLC, a Nevada Limited Liability Company, for the Disposition of City-Owned Real Property Located at 921, 925, and 929 National City Boulevard for the Development of a Seven-Story, Mixed-Use Building with Approximately 9,294 Square Feet of Retail/Commercial Space and 127 Rental Housing Units.”

2. “Resolution of t he City Council of the City of National City, California, Authorizing the City Manager to Execute the Compensation Agreement by and among the City of National City, the County of San Diego, the National School District, the Sweetwater Union High School District, Southwestern College, San Diego County Office of Education, and the San Diego County

Water Authority Pertaining to the Sale of Real Property Located at 921, 925, and 929 National City Boulevard in National City.” ACTION: Motion by Councilmember Rodr iguez, seconded by Councilmember Molina to adopt both resolutions and for the team to work with staff to bring forward realistic parking solutions.

Motion carried by unanimous vote.

9.2 Amending City Council Policy No. 301 – Legislative and Judicial Platform for 2025 Adopted Resolution No. 2024-116.

Item presented by City Clerk Chapel.

Public comment received from Truth.

Staff Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending City Council Policy No. 301 – Legislative and Judicial Platform”.

ACTION: Motion by Vice-Mayor Yamane, seconded by Councilmember Rodriguez to adopt the resolution.

Motion carried by unanimous vote.

Mayor Morrison called for a recess at 9:03 p.m. Meeting reconvened at 9:11 p.m. with all members present.

9.3 Municipal Services Agreement Whitepaper – Port of San Diego City Manager Ben Martinez introduced the item and Special Legal Counsel Devaney Pate Morris & Cameron Partner Ralph Hicks, who provided a PowerPoint presentation. Fire Chief Mora, Police Chief Hernandez, and Port of San Diego President and Chief Operation s Officer Randa Coniglio were present and addressed Council.

Public Comment was received from Jeremy Day and Randi Castle Salgado.

Recommendation: Approve for Distribution the City’s Municipal Services Whitepaper to the Port of San Diego and Other Interested Parties, and Direct the City Manager to Secure Full Reimbursement Funding from the Port for Providing Municipal Services. The Full Cost Burden to the City from Providing Port Related Fire, Police, Community Development, and Engineering Services is $8,848,107.00. The City Currently Receives from the Port a Base Rate of Approximately $1.3 Million.

ACTION: Motion by Councilmember Bush, seconded by Councilmember Molina to approve the recommendation with the addition of an Ad Hoc Committee to be

established by a City Council vote at the next City Council meeting on October 15, 2024.

Motion carried by unanimous vote.

10. CITY MANAGER’S REPORT
City Manager Martinez thanked the Public Works team for their preparation for Free Transit Day.

11. ELECTED OFFICIALS REPORT
Closing remarks were provided by members of the City Council.

12. CITY ATTORNEY REPORT
No report.

13. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, October 15, 2024, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 10:24 p.m.
_________________________
Tonya Hussain, Deputy City Clerk

The foregoing minutes were approved at the Regular Meeting of October 15, 2024.

__________________________
Ron Morrison, Mayor

AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Approving Proposed Amendments to the Planning Commission Bylaws.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving Proposed Amendments to the Planning Commission Bylaws.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

On Monday, September 16, 2024, t he Planning Commission approved the Bylaws as provided by a majority vote , 5 -0, of those Commissioners present, with Commissioners Quinones and Valenzuela absent.

EXPLANATION:

The members of the Planning Commission are appointed by a majority of the City Council following a public interview at a City Council meeting. Commissioners are appointed to consider land use planning matters , to render determinations and make recommendations to the City Council, including changes to the City’s General Plan, Specific Plans, and Land Use Code. The Planning Commission also provides discretionary review for land use matters such as Conditional Use Permits, Variances, and Subdivisions.

In addition to planning and land use matters, the Planning Commission also serves as the Housing Advisory Committee, which provides input on housing related matters , such as the Housing Element and the Focused General Plan Update, and plays a role in moving housing programs and projects forward.

National City Municipal Code (NCMC) Section 16.06.050 states that the Planning Commission may adopt bylaws and operating procedures from time to time, provided that such bylaws and procedures don’t conflict with NCMC Chapter 16.06.

The Planning Commission was created by Ordinance No. 559 on December 15, 1925. The last time the Bylaws were revised was June of 2010. On Monday, September 16, 2024, the Planning Commission approved amendments to the Planning Commission Bylaws.

The Bylaws were amended to reflect City Council Policy No.107 and to be uniform in alignment with other Board, Commission, and Committee bylaws. A summary of the changes approved can be reviewed in the attached Exhibit A, in which the recommended edits are show n in a redline format for clarity.

FINANCIAL STATEMENT:

Not Applicable.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Communication and Outreach

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – FINAL Planning Commission Bylaws 2024 REDLINE Exhibit B – FINAL Planning Commission Bylaws 2024
Exhibit C - Resolution

CITY OF NATIONAL CITY

PLANNING COMMISSION AND

HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE

BYLAWS.

ARTICLE I – THE COMMISSION

Section 1. Name of Commission

The Commission shall act in the capacity of the “Planning Commission” and the “Housing and Community Development Committee” and shall hereinafter be referred to as the “Commission”.

Section 2. Mission Statement

That the following shall be the Mission Statement of the Commission:

The Commission shall provide a forum to encourage communication from persons, organizations, and institutions in the City of National City about land use, housing, transportation, environmental quality, and safety and landscaping throughout the City of National City.

When serving as the Planning Commission, the Commission shall perform the following functions in accordance with state law §65103 and the City’s Municipal Code Chapter

16.062.28:

1. Prepare, periodically review, and revise, as necessary, the general plan.

2. Implement the general plan through actions including, but not limited to the administration of specific plans, and zoning, and subdivision ordnances.

3. Annually review the capital improvement program for consistency with the general plan, pursuant to Article 7 (commencing with Section 65400).

4. Endeavor to promote public interest in, comment on, and understanding of the general plan and regulations relating to it.

5. Consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens generally concerning implementation of the general plan.

6. Promote the coordination of local plans and programs with the plans and programs of other public agencies.

7. Perform other functions as the legislative body provides, including conducting studies and preparing plans other than those required or authorized by this title.

Additionally, in accordance with the City’s Municipal Code Chapter 13.18, the Commission will perform the following functions:

Bylaws- Revised SeptemberJyune 202410

8. Identify appropriate trees for planting within the City’s parkways and along roadways within National City,

9. Adopt and routinely maintain an “official” street tree list of appropriate trees to install within the City’s parkways and along roadways within National City,

10. All trees within the public right of way identified for removal and/or installation shall be referred to the Director of Public Works for determination that removal and/or installation of said tree is warranted. If the request is denied by the Director of Public Works, the property owner may appeal to the “Commission” for further review and determination (in accordance with Section 13.18.030 of the Municipal Code).

11. Review all public works projects when landscaping and street trees are proposed to determine appropriate and desirable street trees and landscaping that will further enhance and beautify the city.

When serving as the Housing and Community Development Committee, the Commission shall:

12. Encourage communication from persons, o rganizations and institutions in the City of National City, and to give advice and make recommendations to the housing authority or to the projects, programs and policies that seek to, for example: (1) pursue new housing options at all income levels; (2) ensure preservation of existing affordable housing; (3) streamline permitting and improve code compliance; and (4) enhance the city’s role in reducing homelessness. Give advice and make recommendations to the Community Development Commission of the City of National City on projects, programs, and policies including the following:
a. The Housing and Urban Development Sectio n 8 Housing Assistant Payments Program for existing housing and for new construction. b. Housing improvement, housing assistance and neighborhood improvement projects, programs and policies in connection with federal and state laws relating to housing and neighborhood improvement.

Section 3 Duties

The duties of the Commission shall be:

1. To receive and review proposals for the General Plan, including the preparation of zoning, land subdivision and other discretionary development applications and performs all duties specifically assigned by the Municipal Code.

1.2. To review proposed projects for potential environmental impacts and compliance with the California Environmental Quality Act.

Formatted: Indent: Left: 0.5", Hanging: 0.5", Right: 0.48", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1.01" + Tab after:

1.26" + Indent at: 1.26", Tab stops: 1", List tab + Not at

1.26"

Bylaws- Revised SeptemberJyune 202410

2.3. To make recommendations to the City Council for specific land use entitlements requiring final decision by the City Council.

3.4. To make recommendations to the Community Development Commission on matters pertaining to Secti on 8 Housing Assistant Payment Programs and housing improvement, housing assi stance and neighborhood improvement projects, programs, and policies in connection with federal and state laws relating to housing and neighborhood improvement.

4.5. To make decisions related to installation and/or removal of street trees and landscaping within the public rights of way.

Section 4. Membership

A. Composition

The Commission shall be comprised of seven (7) individuals, which are residents of National City, appointed by , and to serve at the pleasure of the City Council. The Mayor with th e approval of the City Council shall appoint the members. These seven (7) individuals shall be Planning Commission members and also serve on the Housing and Community Development Committee., Two (2) additional individuals shall be appointed and serve only on the Housing and Community Development Committee . These two (2) additional individuals shall be appointed in the same manner as the Planning Commission members; s hall be ex officio members, and shall have subject matter expertise in housing -related matters. Ex officio members are not required to be Nati onal City residents. be tenants of the community development commission (CDC), one of whom shall be over sixty -two years of age . Said ex officio members shall sit with the seven members o f the Planning Commission on such occasions as the commission is acting in the capacity and carrying out the functions of the committee.

B. Terms of Membership

The terms of the members shall be for four (4) years, subject to reappointment by the City Council. Each four-year term shall commence on the first day of April and shall expire on the thirty-first day of March four years thereafter. Upon expiration of term, a member shall serve until re-appointed or replaced.

C. Termination of Membership

Membership in the Commission shall automatically terminate in the event that:

1. The member’s term has expired. If a term expires, the member can eithershall continue until reappointment or replacement; or

2. The member shall have been absent from the number of Commission meetings specified in these bylaws.

D. Removal of Members

A member may be removed by a majority vote of the City Council.

Bylaws- Revised SeptemberJyune 202410
E. Resignation

Any Commission member may resign at any time by giving written notice to the Chairperson.

Any such resignation will take effect upon receipt or upon any date specified therein. The acceptance of such resignation shall not be necessary to make it effective.

F. Filling of Vacancies

In the event a vacancy occurs on the Commission by reason of death, resignation, removal or termination, such vacancy shall be filled by the majority of the City Council, with new members so appointed having to meet the qualificatio ns set forth in Article I, Section 4(a). Persons appointed to fill vacancies shall fill the unexpired terms of their predecessors.

ARTICLE II – OFFICERS

Section 1. Officers

The officers of the Commission shall consist of a Chairperson and a Vice Chairperson, and shall be elected in the manner set forth in this Article II.

Section 2. Chairperson

The Chairperson shall preside at all meetings of the Commission and shall submit such agenda recommendations and information at such meetings that are reasonable and proper for the conduct of the business affairs and policies of the Commission. The Chairperson shall sign all resolutions, approved minutes, and other legal documents of the Commission (if any).

Section 3. Vice Chairperson

The Vice Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson.

Section 4. Staff

The Commission shall be served by a full -time professional staff within the Planning Division which shall include a secre tary who will prepare an agenda for each regular or adjourned meeting. The agenda and supporting documentation shall be provided to the Commission at least four (4) calendar days prior to the date of the meeting at which such agenda is to be considered. T he meeting shall be recorded and minutes prepared for approval by the Commission at the next regularly held meeting. The agendas and minutes shall be available to the public and retained at the City.

Section 5. Additional Duties

The officers of the Commi ssion shall perform such other duties and functions as may from time to time be required by the Commission, the bylaws. or other rules and regulations, or which duties and functions are incidental to the office held by such officers.

Bylaws- Revised SeptemberJyune 202410
Section 6. Election

The Chairperson and Vice Chairperson shall annually be elected by a majority of the members of the Commission from among the members of the Commission. The terms of the Chairperson and Vice Chairperson shall be one year. The Chairperson and Vice Chairperson may serve consecutive and/or multiple terms.

Section 7. Vacancies

Should the offices of the Chairperson or Vice Chairperson become vacant, the Commission shall elect a successor from among the Commission members at the next regular or special meeting, and such office shall be held for the unexpired term of said office.

ARTICLE III – MEETINGS

Section 1. Regular Meetings

The Commission shall hold at least two regular meetings in each month and shall annually adopt a schedule for such meetings, shall adopt rules for the transaction of business, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. Any regular meeting may be dispensed with by a majority vote of the Planning Commission.

The Housing and Community Development Committee shall hold at least one meeting each quarter of each calendar year of the and shall annually adopt a schedule for such meetings, shall adopt rules for the transaction of business, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. Any regular meeting may be dispensed with by a majority vote of the Committee.

The Commission shall conduct meetings for matters pertaining to the Planning Commission o n the first and third Monday of the month for which a meeting has been called by the Chairperson at 6:00 p.m . in the Council Chambers of the National City Civic Center, 1243 National City Boulevard, 2nd Floor, National City, unless otherwise designated. The agenda for each regular meeting shall be posted by City staff at City Hall and on the City’s website at least 72 hours in advance consistent with the requirements of the Ralph M. Brown Act.

If there are no items scheduled for the Commission’s consideration, the staff may advise the Chairperson there are no items for consideration and suggest cancellation of the meeting. Said cancellation of a meeting shall be posted by City staff at the City Hall and on the City’s website.

Staff shall announce that the regularly scheduled meeting of the Commission has been adjourned to the next regularly scheduled meeting.

All meetings shall be held and conducted in accordance with the provisions of the “Ralph M.

Brown Act” (Section 54590 et seq., of the Government Code of the State of California. All meetings of the Commission are open to the general public.

Section 2. Special Meetings

Special meetings may be held upon call of the Chairperson, or of the majority of the membership of the Commission, for the purpose of transacting any business designated in the

Bylaws- Revised SeptemberJyune 202410
call, after notification of all members of the Com mission by written notice personally delivered or by mail at least 24 hours before the time specified in the notice for a special meeting. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files wi th the Chairperson a written waiver of notice, and as to any member who is actually present at the time the meeting convenes.

City staff shall be responsible for the posting of the agenda of the special meeting at City Hall and on the City’s website at least 24 hours prior to the time specified in the notice for the meeting. At such special meeting, no business other than that designated on the approved agenda shall be considered.

Section 3. Adjourned Meetings

Any meeting of the Commission may be adjourned to an adjourned meeting without the need for additional notice or agenda, provided that the adjournment indicates the date, time and place of the adjourned meeting, and provided that the adjourned meeting occurs at the regularly scheduled meeting after the meeting for which notice and agenda requirements were met.

Commission members absent from the meeting at which the adjournment decision is made shall be notified by the Chairperson of the adjourned meeting.

Section 4. All Meetings to be Open and Public

All meeting s of the Commission shall be open and public to the extent required by law. All persons shall be permitted to attend any such meetings , except as otherwise provided by law.

Nothing contained in these bylaws. shall be construed to prevent the Commission from holding closed sessions during a meeting concerning any matter permitted by law to be considered in closed session, provided the Commission complies with the conditions and procedures provided by law for closed sessions.

Section 5. Quorum

The powers of the Commission shall be vested in the members thereof in office from time to time. A majority of the members of the Commission qualified and eligible to vote shall constitute a quorum for the purpose of conducting the Commission’s business, exercising its powers and for all other purposes, but less than a majority of the members of the Commission may adjourn the meeting from time to time until a quorum is obtained. An affirmative vote by a majority of the members of the Commission qualified and eligible to vote shall be required for approval of any question brought before the Commission.

Section 6. Unexcused Absences

Membership in the Commission shall be considered removed terminate if a member has three (3) consecutive unexcused absences from meetings, whether regular or special, or misses more than 25% of the Commission’s meetings in a calendar year , whether excused or unexcusedthree (3) absences from regular meetings, whether excused or unexcused . A n excused absence is only granted when absolutely necessary and pre -approved if at all possible.

The pre-approval of excused absences will be by the Commission as a whole and documen ted in the meeting minutes. Excused absences are: illness of the Commission member, their family or their personal friend; business commitment of the Commission member that interferes with the attendance at a meeting; attendance of the Commission member at a funeral, religious

Bylaws- Revised SeptemberJyune 202410
service or ceremony, wedding or other similarly -significant event; or other reason for which the Commission member has given notice to the Chairperson or Secretary of their unavailability fifteen (15) days in advance, as long as the u navailability is not expected to last longer than 30 days. member’s absence shall be excused if, prior to the meeting from which said member will be absent, said member notifies the Chairperson or Designee of intent to be absent and the reasons therefore. At each meeting, after the roll has been called, the Chairperson shall report to the Commission the name of any member who has so notified of their intent to be absent and the reason of such absence. The Commission shall approve or disapprove such reaso ns for excused absences.

The Secretary of the Commission will report the attendance to the Office of the City Clerk on a monthly basis. If the attendance or absences fall within the above guidelines, the Office of the City Clerk will prep are a report to the City Council for review and possible removal of the Commission member. Any Commission member may be removed from office at any time by a simple majority vote of the City Council at a regularly scheduled Council meeting with or without cause.

Section 7. Order of Business

The following shall be the order of business at regular meetings of the Commission:
1) Roll Call
2) Flag Allegiance
3) Approval of Minutes of previous meeting
4) Approval of Agenda
5) Public Comment
6) Continued Public Hearings
7) Public Hearing
8) Other Business
9) Staff Reports

10) Adjournment

Section 8. Minutes

Minutes of the Commission shall be in writing. Copies of the Minutes of each Commission meeting shall be made available to each member of the Commission. M inutes shall be made available to the public . Approved Minutes shall be filed in the official Book of Minutes of the Commission and published on the City’s website.

Section 9. Rules of Order

Except as provided in these bylaws., all business and matters before the Commission shall be transacted in conformance with Rosenberg’sbert’s Rules of Order.

Bylaws- Revised SeptemberJyune 202410
Section 10. Committee Reports

Oral and /or written reports of the Commission shall include a report of any findings and/or recommended action on matters for which the subcommittee was established.

ARTICLE IV – REPRESENTATION BEFORE PUBLIC BODIES

Any official representations on behalf of the Commission before the City Council or any other public body shall be made by the Chairperson, the Vice Chairperson in the Chairperson’s absence, or a member of the Commission specifically so designat ed by the Commission pursuant to the Brown Act.

ARTICLE V – SUBCOMMITTEES

Section 1. Establishment

The Commission shall have the authority to, and may, establish subcommittees as necessary to accomplish the purposes set forth in Section 3 of Article I of these Bylaws..

Section 2. Membership

Each subcommittee shall be composed of at least one (1), but not more than three (3) members of the Commission.

Section 3. Appointment of Members

Members on a subcommittee shall be appointed by the Chairperson of the Commission with the approval of the Commission.

Section 4. Officers and Meetings

Subcommittee chairpersons shall be designated by the Chairperson of the Commission from among the Commission members appointed to the subcommittee. Each subcommittee shall elect a vice chairperson, and shall e stablish the date, time and place for meetings to conduct the subcommittee’s business. In the event that any subcommittee meets on more than two (2) occasions, then all further meetings of the subcommittee shall comply with the meeting requirements set forth in Article III.

Section 5. Subcommittee Reports

From time to time, the subcommittee shall submit reports to the Commission, which reports summarize the subcommittee’s activities, findings and/or recommendations on matters for which the subcommittee was established.

ARTICLE VI – AMENDMENTS

Section 1. Adoption of these Bylaws. and any Subsequent Amendment

Bylaws- Revised SeptemberJyune 202410
The bylaws are to be reviewed and amended as needed when new Commissioners are appointed. The bylaws. of the Commission may be amended upon the affirmative vote of at least five (5) voting members of the Commission, but no such amendment shall be adopted unless at least seven (7) days’ written notice thereof has previously been given to all members of the Commission. Noti ce of amendment shall identify the section or sections of the Bylaws. proposed to be amended.

ARTICLE VII- ORDER OF PRECEDENCE

Section1. Conduct of Affairs

The Commission will observe all applicable requirements of state and local law, including the following, which have been summarized as follows:

1. The Ralph M. Brown Act (Gov. Code, § 549501 et seq., hereinafter “the Brown Act” or “the Act”)

2. From time to time, the Co mmission shall be required to attend or participate in specific training related to their position on the Commission.

CITY OF NATIONAL CITY

PLANNING COMMISSION AND

HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE

BYLAWS

ARTICLE I – THE COMMISSION

Section 1. Name of Commission

The Commission shall act in the capacity of the “Planning Commission ” and the “Housing and Community Development Committee” and shall hereinafter be referred to as the “Commission”.

Section 2. Mission Statement

That the following shall be the Mission Statement of the Commission:

The Commission shall provide a forum to encourage communication from persons, organizations, and institutions in the City of National City about land use, housing, transportation, environmental quality, and safety throughout the City of National City.

When serving as the Planning Commission, the Commission shall perform the following functions in accordance with state law §65103 and the City’s Municipal Code Chapter

16.06:

1. Prepare, periodically review, and revise, as necessary, the general plan.

2. Implement the general plan through actions including, but not limited to the administration of specific plans, and zoning, and subdivision ordnances.

3. Annually review the capital improvement program for consistency with the general plan, pursuant to Article 7 (commencing with Section 65400).

4. Endeavor to promote public interest in, comment on, and understanding of the general plan and regulations relating to it.

5. Consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens generally concerning implementation of the general plan.

6. Promote the coordination of local plans and programs with the plans and programs of other public agencies.

7. Perform other functions as the legislative body provides, including conducting studies and preparing plans other than those required or authorized by this title.

When serving as the Housing and Community Development Committee, the Commission shall:

Bylaws- Revised Septembery 2024
Encourage communication from persons, organizations and institutions in the City of National City, and to give advice and make recommendations to the housing authority or to the projects, programs and policies that seek to, for example: (1) pursue new housing options at all income levels; (2) ensure preservation of existing affordable housing; (3) streamline permitting and improve code compliance; and (4) enhance the city’s role in reducing homelessness.

Section 3 Duties

The duties of the Commission shall be:

1. To receive and review proposals for the General Plan, including the preparation of zoning, land subdivision and other discretionary development applications and performs all duties specifically assigned by the Municipal Code.

2. To review proposed projects for potential environmental impacts and compliance with the California Environmental Quality Act.

3. To make recommendations to the City Council for specific land use entitlements requiring final decision by the City Council.

4. To make recommendations to the Community Development Commission on matters pertaining to Secti on 8 Housing Assistant Payment Programs and housing improvement, housing assistance and neighborhood improvement projects, programs, and policies in connection with federal and state laws relating to housing and neighborhood improvement.

5. To make decisions related to installation and/or removal of street trees and landscaping within the public rights of way.

Section 4. Membership

A. Composition

The Commission shall be comprised of seven (7) individuals, which are residents of National City, appointed by, and to serve at the pleasure of the City Council. T he City Council shall appoint the members. These seven (7) individuals shall be Planning Commission members and also serve on the Housing and Community Development Committee. T wo (2) additional individuals shall be appointed and serve only on the Housing and Community Development Committee. These two (2) additional individuals shall be appointed in the same manner as the Planning Commission members; shall be ex officio members , and shall have subject matter expertise in housing-related matters. Ex officio members are not required to be National City residents.. Said ex officio members shall sit with the seven members of the Planning Commission on such occasions as the commission is acting in the capacity and carrying out the functions of the committee.

B. Terms of Membership

The terms of the members shall be for four (4) years, subject to reappointment by the City Council. Each four-year term shall commence on the first day of April and shall expire on the thirty-first day of March four years thereafter. Upon expiration of term, a member shall serve until re-appointed or replaced.

Bylaws- Revised Septembery 2024
C. Termination of Membership

Membership in the Commission shall automatically terminate in the event that:

1. The member’s term has expired. If a term expires, the member shall continue until reappointment or replacement; or

2. The member shall have been absent from the number of Commission meetings specified in these bylaws.

D. Removal of Members

A member may be removed by a majority vote of the City Council.

E. Resignation

Any Commission member may resign at any time by giving written notice to the Chairperson.

Any such resignation will take effect upon receipt or upon any date specified therein. The acceptance of such resignation shall not be necessary to make it effective.

F. Filling of Vacancies

In the event a vacancy occurs on the Commission by reason of death, resignation, removal or termination, such vacancy shall be filled by the majority of the City Council, with new members so appointed having to meet the qualifications set forth in Article I, Section 4(a). Persons appointed to fill vacancies shall fill the unexpired terms of their predecessors.

ARTICLE II – OFFICERS

Section 1. Officers

The officers of the Commission shall consist of a Chairperson and a Vice Chairperson, and shall be elected in the manner set forth in this Article II.

Section 2. Chairperson

The Chairperson shall preside at all meetings of the Commission and shall submit such agenda recommendations and information at such meetings that are reasonable and proper for the conduct of the business affairs and policies of the Commission. The Chairperson shall sign all resolutions, approved minutes, and other legal documents of the Commission (if any).

Section 3. Vice Chairperson

The Vice Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson.

Section 4. Staff

Bylaws- Revised Septembery 2024
The Commission shall be served by a full -time professional staff within the Planning Division which shall include a secretary who will prepare an agenda for each regular or adjourned meeting. The agenda and supporting documentation shall be provided to the Commission at least four (4) calendar days prior to the date of the meeting at which such agenda is to be considered. The meeting shall be recorded and minutes prepared for approval by the Commission at the next regularly held meeting. The agendas and minutes shall be available to the public and retained at the City.

Section 5. Additional Duties

The officers of the Commission shall perform such other duties and functions as may from time to time be required by the Commission, the bylaws or other rules and regulations, or which duties and functions are incidental to the office held by such officers.

Section 6. Election

The Chairperson and Vice Chairperson shall annually be elected by a majority of the members of the Commission from among the members of the Commission. The terms of the Chairper son and Vice Chairperson shall be one year. The Chairperson and Vice Chairperson may serve consecutive and/or multiple terms.

Section 7. Vacancies

Should the offices of the Chairperson or Vice Chairperson become vacant, the Commission shall elect a successor from among the Commission members at the next regular or special meeting, and such office shall be held for the unexpired term of said office.

ARTICLE III – MEETINGS

Section 1. Regular Meetings

The Commission shall hold at least two regular meetings in each month and shall annually adopt a schedule for such meetings, shall adopt rules for the transaction of business, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. Any regular meeting may be dispensed with by a majority vote of the Planning Commission.

The Housing and Community Development Committee shall hold at least one meeting each quarter of each calendar year and shall annually adopt a schedule for such meetings, shall adopt rules for the transaction of business, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. Any regular meeting may be dispensed with by a majority vote of the Committee.

The Commission shall conduct meetings for matters pertaining to the Planning Commission on the first and third Monday of the month for which a meeting has been called by the Chairperson at 6:00 p.m. in the Council Chambers of the National City Civic Center, 1243 National City Boulevard, 2
nd Floor, National City, unless otherwise designated. The agenda for each regular meeting shall be posted by City staff at City Hall and on the City’s website at least 72 hours in advance consistent with the requirements of the Ralph M. Brown Act.

Bylaws- Revised Septembery 2024
If there are no items scheduled for the Commission’s consideration, the staff may advise the Chairperson there are no items for consideration and suggest cancellation of the meeting. Said cancellation of a meeting shall be posted by City staff at the City Hall and on the City’s website.

Staff shall announce that the regularly scheduled meeting of the Commission has been adjourned to the next regularly scheduled meeting.

All meetings shall be held and conducted in accordance with the provisions of the “Ralph M.

Brown Act” (Section 54590 et seq., of the Government Code of the State of California. All meetings of the Commission are open to the general public.

Section 2. Special Meetings

Special meetings may be held upon call of the Chairperson, or of the majority of the membership of the Commission, for the purpose of transacting any business designated in the call, after notification of all members of the Commission by written notice personally delivered or by mail at least 24 hours before the time specified in the notice for a special meeting. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the Chairperson a written waiver of notice, and as to any member who is actually present at the time the meeting convenes.

City staff shall be responsible for the posting of the agenda of the special meeting a t City Hall and on the City’s website at least 24 hours prior to the time specified in the notice for the meeting. At such special meeting, no business other than that designated on the approved agenda shall be considered.

Section 3. Adjourned Meetings

Any meeting of the Commission may be adjourned to an adjourned meeting without the need for additional notice or agenda, provided that the adjournment indicates the date, time and place of the adjourned meeting, and provided that the adjourned meeting occurs at the regularly scheduled meeting after the meeting for which notice and agenda requirements were met.

Commission members absent from the meeting at which the adjournment decision is made shall be notified by the Chairperson of the adjourned meeting.

Section 4. All Meetings to be Open and Public

All meetings of the Commission shall be open and public to the extent required by law. All persons shall be permitted to attend any such meetings , except as otherwise provided by law.

Nothing contained in these bylaws shall be construed to prevent the Commission from holding closed sessions during a meeting concerning any matter permitted by law to be considered in closed session, provided the Commission complies with the conditions and procedures provided by law for closed sessions.

Section 5. Quorum

The powers of the Commission shall be vested in the members thereof in office from time to time. A majority of the members of the Commission qualified and eligible to vote shall constitute a quorum for the purpose of conducting the Commission’s business, exercising its powers and for all other purposes, but less than a majority of the members of the Commission may adjourn the meeting from time to time until a quorum is obtained. An affirmative vote by a majority of the

Bylaws- Revised Septembery 2024
members of the Commission qualified and eligible to vote shall be required for approval of any question brought before the Commission.

Section 6. Unexcused Absences

Membership in the Commission shall be considered removed if a member has three (3) consecutive unexcused absences from meetings, whether regular or special, or misses more than 25% of the Commission’s meetings in a calendar year, whether excused or unexcused. An excused absence is only granted when absolutely necessary and pre-approved if at all possible.

The pre-approval of excused absences will be by the Commission as a whole and documented in the meeting minutes. Excused absences are: illness of the Commission member, their family or their personal friend; business commitment of the Commission member that interferes with the attendance at a meeting; attendance of the Commission member at a funeral, religious service or ceremony, wedding or other similarly -significant event; or other reason for which the Commission member has given notice to the Chairperson or Secretary of their unavailability fifteen (15) days in advance, as long as the unavailability is not expected to last longer than 30 days.

The Secretary of the Commission will report the attendance to the Office of the City Clerk on a monthly basis. If the attendance or absences fall within the above guidelines, the Office of the City Clerk will prepare a report to the City Council for review and possible removal of the Commission member. Any Commission member may be removed from office at any time by a simple majority vote of the City Council at a regularly scheduled Council meeting with or without cause.

Section 7. Order of Business

The following shall be the order of business at regular meetings of the Commission:
1) Roll Call
2) Flag Allegiance
3) Approval of Minutes of previous meeting
4) Approval of Agenda
5) Public Comment
6) Continued Public Hearings
7) Public Hearing
8) Other Business
9) Staff Reports

10) Adjournment

Section 8. Minutes

Minutes of the Commission shall be in writing. Copies of the Minutes of each Commission meeting shall be made available to each member of the Commission. Minutes shall be made

Bylaws- Revised Septembery 2024
available to the public . Approved Minutes shall be filed in the official Book of Minutes of the Commission and published on the City’s website.

Section 9. Rules of Order

Except as provided in these bylaws all business and matters before the Com mission shall be transacted in conformance with Rosenberg’s Rules of Order.

Section 10. Committee Reports

Oral and/or written reports of the Commission shall include a report of any findings and/or recommended action on matters for which the subcommittee was established.

ARTICLE IV – REPRESENTATION BEFORE PUBLIC BODIES

Any official representations on behalf of the Commission before the City Council or any other public body shall be made by the Chairperson, the Vice Chairperson in the Chairperson’s absence, or a member of the Commission specifically so designated by the Commission pursuant to the Brown Act.

ARTICLE V – SUBCOMMITTEES

Section 1. Establishment

The Commission shall have the authority to, and may, establish subcommittees as necessary to accomplish the purposes set forth in Section 3 of Article I of these Bylaws.

Section 2. Membership

Each subcommittee shall be composed of at least one (1), but not more than three (3) members of the Commission.

Section 3. Appointment of Members

Members on a subcommittee shall be appointed by the Chairperson of the Commission with the approval of the Commission.

Section 4. Officers and Meetings

Subcommittee chairpersons shall be designated by the Chairperson of the Commission from among the Commission members appointed to the subcommittee. Each subcommittee shall elect a vice chairperson, and shall establish the date, time and place for meetings to conduct the subcommittee’s business. In the event that any subcommittee meets on more than two (2) occasions, then all further meetings of the subcommittee shall comply with the meeting requirements set forth in Article III.

Section 5. Subcommittee Reports

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From time to time, the subcommittee shall submit reports to the Commission, which reports summarize the subcommittee’s activities, findings and/or recommendations on matters for which the subcommittee was established.

ARTICLE VI – AMENDMENTS

Section 1. Adoption of these Bylaws and any Subsequent Amendment

The bylaws are to be reviewed and amended as needed when new Commissioners are appointed. The bylaws of the Commission may be amended upon the affirmative vote of at least five (5) voting members of the Commission, but no such amendment shall be adopted unless at least seven (7) days’ written notice thereof has previously been given to all members of the Commission. Notice of amendment shall identify the section or sections of the Bylaws proposed to be amended.

ARTICLE VII- ORDER OF PRECEDENCE

Section1. Conduct of Affairs

The Commission will observe all applicable requirements of state and local law, including the following, which have been summarized as follows:

1. The Ralph M. Brown Act (Gov. Code, § 549501 et seq., hereinafter “the Brown Act” or “the Act”)

2. From time to time, the Commission shall be required to attend or participate in specific training related to their position on the Commission.

RESOLUTION NO. 2024 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA,

APPROVING PROPOSED AMENDMENTS TO THE PLANNING COMMISSION BYLAWS

WHEREAS, the Planning Commission was created by Ordinance No. 559 on December 15, 1925; and
WHEREAS, revisions to the Bylaws are made when needed, with the last review and revision occurring in June of 2010; and
WHEREAS, on Monday, September 16, 2024, the Planning Commission approved the amendment to the Planning Commission Bylaws by a m ajority vote, 5-0, of those present, with Commissioners Quinones and Valenzuela absent; and
WHEREAS, the Planning Commission requests that the City Council approve its Bylaws as amended.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the City Council hereby approves the proposed amendments to the Planning Commission Bylaws attached hereto as Exhibit A.

Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 15th day of October, 2024.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT

Department: Engineering & Public Works
Prepared by: Tirza Gonzales, Operations Manager
Meeting Date: Tuesday, October 15, 2024
Approved by: Benjamin A. Martinez, City Manager

SUBJECT:

Authorize the purchase of a Light-Structure System from Musco Sports Lighting, LLC for the Kimball Park Ballfields.

RECOMMENDATION:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract # 041123-MSL with Musco Sports Lighting, LLC , for the Purchase of a Light-Structure System in a Not-to-Exceed Amount of $292,350 for the Kimball Park Ballfields; and 2) Authorizing the Establishment of an Appropriation of $292,350 in the American Rescue Plan Act fund for the Kimball Park Ballfield Lighting Project.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

In 2023, as part of the Kimball Park Dog Park, Lighting and Tot Lot project, the contractor evaluated the existing ballfield lights to determine what repairs could be made given that several lights were not functioning. The outcome of that field inspection was that the existing lights have reached their useful life and are no longer serviceable. Due to the age and deteriorated condition of the lights, ballasts, and pole structures, the recommendation was to instead consider full replacement. Furthermore, the electrical system and controls are outdated and do not allow for efficient, remote operation of the lights.

On April 16, 2024, after receiving an update and recommendations from staff regarding a revised American Rescue Plan Act (ARPA) spending plan, the City Council authorized the allocation of $1,200,000 to the replacement of the Kimball Park ballfield lighting system. This agenda item addresses the acquisition of the lighting system only , with related services to be award ed at a later date.

In order to expedite product delivery and take advantage of competitive pricing, Engineering & Public Works staff has identified an opportunity for the City of National City to piggyback onto the Sourcewell Contract #041123-MSL with Musco Sports Lighting, LLC, to allow for the purchase of a Musco Light -Structure System for the Kimball Park Ballfield s. The quote received includes delivery of the complete network of lights on six (6) galvanized steel poles with pre-cast concrete bases, electrical enclosures and necessary controls.

NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited

to any feder al, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City.

The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the C ity had not initially joined with that public agency in the cooperative purchase.

National City’s Purchasing staff has confirmed that the Sourcewell Contract #041123 -MSL with Musco Sports Lighting, LLC , was competitively bid through a Request for Proposa ls (RFP) process, and that the Sourcewell procurement procedures are in substantial compliance with those of National City.

Staff recommends taking advantage of this cooperative purchasing opportunity to ensure that ARPA funds allocated for this project a re obligated by the December 31, 2024 deadline.

FINANCIAL STATEMENT:

An appropriation of $292,350 will be established in the ARPA fund in expenditure/project account 117-10-18-18500-7598-1176117 (ARPA - Kimball Park Ballfield Lighting)

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Musco Lighting, LLC, Quote
Exhibit B – Sourcewell Contract 041123-MSL
Exhibit C – Resolution

©2017 Musco Sports Lighting, LLC - 1 -
Quote
Kimball Park Baseball
National City, CA
August 28, 2024
Sourcewell
Master Project: 199030, Contract Number: 041123-MSL, Expiration: 06/16/2027 Category: Sports lighting with related supplies and services All purchase orders should note the following:

Sourcewell Purchase – Contract Number: 041123-MSL
Quotation
Musco’s Light-Structure System™ as described below:

Musco product, delivered and installed (includes controls):

Baseball Field (250’/310’/255’): $268,800.

Estimated Sales Tax on Musco Materials Based on 8.75%: $ 23,550.

Project Total: $292,350.

Sales Tax is included and estimated.

Pricing furnished is effective for 90 days and is kindly considered confidential.

Labor, bonding, unloading of the equipment and installation are not included.

System Description - Light-Structure System™
Factory built, wired, aimed and tested lighting system includes:
 (6) Pre-cast concrete bases
 (6) Galvanized steel poles
 (34) Factory aimed and assembled LED luminaries
 Factory wired and tested remote electrical component enclosures  Pole length, factory assembled wire harnesses
 UL listed as a system
 Enhanced corrosion protection
Also Included:
 Unmatched Superior Spill and Glare Control
 Guaranteed light levels per above and based on Musco Design File #107850B_R2  Control-Link® System for remote on/off control & monitoring with 24/7 customer support  25 Year All Parts and All Labor Included Warranty: Unmatched warranty that includes materials and onsite labor, eliminating 100% of your maintenance costs for 25 years  Freight is Included
 Structural Engineering is Included

EXHIBIT A

©2017 Musco Sports Lighting, LLC - 2 -
Quote

Payment Terms:

Payment terms to be coordinated with Musco’s Credit Department

Please email a copy of the Purchase Order to Musco Sports Lighting, LLC:

Please be sure to include Sourcewell on the purchase order.

Musco Sports Lighting, LLC
Attn: Karin Anderson
Email: [email protected]

Notes:
 Shipment of entire project together to one location
 Structural code and wind speed = 2022 CBC, 95 MPH, Importance Factor C  Voltage and Phase to be confirmed
 Confirmation of pole locations prior to production

Please feel free to contact us with any questions you may have.

Karin Anderson
Field Sales Representative
Musco Sports Lighting, LLC
Phone: 858-232-1620
E-mail: [email protected]

041123-MSL
Rev. 3/2022 1
Solicitation Number: RFP #041123

CONTRACT
T
his Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Musco Sports Lighting, LLC, 100 1st Ave West, Oskaloosa, IA 52577 (Supplier).

S
ourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Sports Lighting Solutions with Related Technology, Equipment, and Services from which Supplier was awarded a contract.

S
upplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. T

ERM OF CONTRACT
A. E
FFECTIVE DATE. This Contract is effective upon the date of the final signature below.

E
XPIRATION DATE AND EXTENSION. This Contract expires June 16, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.

B. S
URVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

EXHIBIT B

041123-MSL
Rev. 3/2022 2

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

041123-MSL
Rev. 3/2022 3

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

041123-MSL
Rev. 3/2022 4

• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

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Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

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7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

• Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, in reference to Table 13, Question 68 of Supplier’s attached response, the negotiated DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

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administrative fee Supplier will pay to Sourcewell on all Equipment, Products, and Services provided to Participating Entities, is eight tenths of one percent (0.8%). The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

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C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

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promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate

6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

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Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

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Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

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the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

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Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

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records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

041123-MSL
Rev. 3/2022 18

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Musco Sports Lighting, LLC
By: __________________________ By: __________________________ Jeremy Schwartz James M. Hansen
Title: Chief Procurement Officer Title: Secretary

Date: ________________________

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________

DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 6/23/2023 | 2:36 PM CDT
6/16/2023 | 2:10 PM CDT
6/23/2023 | 2:44 PM CDT

RFP 041123 - Sports Lighting Solutions with Related Technology, Equipment, and Services

Vendor Details
Company Name: Musco Sports Lighting, LLC
Address:
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Contact: Amanda Hudnut
Email: [email protected]
Phone: 800-825-6030
Fax: 641-672-1996
HST#: 42-1511754
Submission Details
Created On: Tuesday February 21, 2023 07:22:41
Submitted On: Monday April 10, 2023 10:57:03
Submitted By: Jim Hansen
Email: [email protected]
Transaction #: 644e37be-1ebc-43b3-9b63-5a4fe7708b28
Submitter's IP Address: 216.248.100.66
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

Specifications
Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond “N/A” if the question does not apply to you (preferably with an explanation).

Line
Item Question Response *
1 Proposer Legal Name (one legal entity only):
(In the event of award, will execute the
resulting contract as "Supplier")
Musco Sports Lighting, LLC
*
2 Identify all subsidiary entities of the Proposer
whose equipment, products, or services are
included in the Proposal.

None
*
3 Identify all applicable assumed names or DBA
names of the Proposer or Proposer's
subsidiaries in Line 1 or Line 2 above.

None
*
4 Provide your CAGE code or Unique Entity
Identifier (SAM):

CAGE/NCAGE # OA9T7
SAM # WJHFQRT17GC5 *
5 Proposer Physical Address: 100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
*
6 Proposer website address (or addresses): www.musco.com * 7 Proposer's Authorized Representative (name,
title, address, email address & phone) (The
representative must have authority to sign
the “Proposer’s Assurance of Compliance” on
behalf of the Proposer and, in the event of
award, will be expected to execute the
resulting contract):

James M. Hansen
Secretary
Musco Sports Lighting, LLC
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Phone: 800-825-6030
Email: [email protected]
*
8 Proposer's primary contact for this proposal
(name, title, address, email address & phone):

Taylor Knoot
Cooperative Contract Specialist
Musco Sports Lighting, LLC
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Phone: 800-825-6030
Email: [email protected]
*
9 Proposer's other contacts for this proposal, if
any (name, title, address, email address &
phone):

Chris Hailey
Market Development Manager
Musco Sports Lighting, LLC
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Phone: 800-825-6030
Email: [email protected]
Table 2: Company Information and Financial Strength
Line
Item Question Response *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

10 Provide a brief history of your company,
including your company’s core values,
business philosophy, and industry longevity
related to the requested equipment, products
or services.

Since 1976, Musco Sports Lighting has specialized in the design of and manufacture of sports and transportation/infrastructure lighting solutions around the world. Musco’s mission has been to provide sports field and transportation/infrastructure lighting solutions for public and private entities throughout the United States of America and internationally.

Built on a foundation of responsibility to the needs of everything being impacted, Musco’s solutions have illuminated everything from neighborhood ballfields; to major stadiums and arenas; to airports, rail yards, industrial sites, container terminals, and ports; to iconic landmarks and the Olympic Games.

Musco has been the industry leader in developing lighting solutions that provide high quality on field performance and environmental sensitivity to the surrounding area.

Energy efficiency, spill and glare control, and field management solutions have been our staple for success in the industry.

Throughout the history of Musco, we have had the pleasure of being the recipient of an Academy Award®, Emmy® Award and the Paul Waterbury Award for Excellence for Outdoor Lighting. Musco has also developed partnerships with organizations such as National Recreation & Park Association, Little League Baseball and Softball, Major League Baseball, the United States Soccer Foundation and The Honey Bear Project (HBCU), to name a few.

Musco has offices and manufacturing facilities in Oskaloosa, Muscatine and Urbandale, Iowa. We have a workforce of approximately 1,300 Team Members located in these facilities and regional sales offices conveniently located around the United States of America. In addition, we have approximately 200 Team Members located outside the United States of America supporting our manufacturing facilities in Shanghai, China and Gumi, South Korea and multiple sales offices globally.

Musco Sports Lighting, LLC has over 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factory- trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems. Our Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training. Proactive nightly testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored.

Along with our Lighting Services and Control-Link Central™ Teams, we have a fully staffed group of internal experts including but not limited to Sales Representatives, Regional Sales Associates, Service Representatives, Part Representatives, Project Coordinators, Schedulers, and Engineers. We will ensure your project flows smoothly and you get the results you expect.
*
11 What are your company’s expectations in the
event of an award?
Musco has been a Sourcewell awarded vendor for going on 9 years. We look forward to continuing the growth and educating eligible members, current members and our Musco Sales Team Members on the benefits of Sourcewell. *
12 Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.

Upload supporting documents (as applicable)
in the document upload section of your
response.

Please see uploaded letter from Wells Fargo Bank, N.A. & Travelers Casualty and Surety Company of America. Also included is a copy of our current insurance certificate.
*
13 What is your US market share for the
solutions that you are proposing?
Musco’s sports lighting systems & solutions make up approximately 80% of the US market share. *
14 What is your Canadian market share for the
solutions that you are proposing?
Musco’s sports lighting systems & solutions make up approximately 50% of the Canadian market share. *
15 Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.

Musco Sports Lighting, LLC has not been the subject to any voluntary or involuntary bankruptcy, insolvency or receivership proceedings. *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

16 How is your organization best described: is
it a manufacturer, a distributor/dealer/reseller,
or a service provider?  Answer whichever
question (either a) or b) just below) best
applies to your organization.
a)    If your company is best described as
a distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b)    If your company is best described as
a manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
party?
Musco Sports Lighting, LLC is a manufacturer of sports and transportation/infrastructure lighting solutions. Musco has a sales force of over 100 dedicated Team Members throughout the United States & Canada. Musco has sales offices conveniently located around the United States of America. These Team Members are employed by Musco.
*
17 If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.

Musco Sports Lighting is authorized to sell products and provide services in all 50 states, the District of Columbia and Canada. We comply with applicable federal, state, local and industry laws for each purchasing customer. In Canada, Musco sells under our Canadian company, Musco Sports Lighting Canada Co. Please reference the uploaded Musco Contractor License information.

As a General Contractor, Musco selects and contracts with local subcontractor organizations that meet our quality standards and can fulfill our time constraints to perform the type of work outlined in this RFP. Musco does obtain license verification and insurance certificate for all subcontractors who work with us. *
18 Provide all “Suspension or Debarment”
information that has applied to your
organization during the past ten years.

Musco Sports Lighting, LLC has not been the subject of any suspension or disbarments. *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

Table 3: Industry Recognition & Marketplace Success
Line
Item Question Response *
19 Describe any relevant industry awards or
recognition that your company has received
in the past five years
During Musco’s 46 years in the sports lighting industry, Musco & our Team Members have received quite a few awards and recognitions. Below is a listing of several recent awards & recognitions along with our more notable ones from years past.

American Marketing Association Iowa Nova Award for Public Relations Best of Category for Field of Dreams with MLB (2022)
Eric O’Brien Commercial Award (Mike Berry, MA) from The New England Park Association (2021)
NIAAA Distinguished Service to Athletic Administration (Dina Neeley, NC) from the North Carolina Athletic Directors Association (2018)
David Lose Partnership Award (Curt Mickey, KY) from the Kentucky Recreation and Park Society (2018)
Emmy® Award from the Academy of Television Arts & Sciences® for lighting ESPN’s telecast for the Winter X-Games (2012)
Paul Waterbury Award of Excellence for Outdoor lighting from the Illuminating Engineering Society for the innovative lighting design at Charlotte Motor Speedway (1993)
Scientific and Engineering Award from the Academy of Motion Picture of Arts and Services® (1985)
Emmy® Award from the Academy of Television Arts & Sciences® for lighting NCAA football telecasts (1982)
*
20 What percentage of your sales are to the
governmental sector in the past three years
Approximately 41% of Musco’s current national sales are to the government sector. * 21 What percentage of your sales are to the
education sector in the past three years
Approximately 52% of Musco’s current national sales are to the education sector. * 22 List any state, provincial, or cooperative
purchasing contracts that you hold. What is
the annual sales volume for each of these
contracts over the past three years?
Musco is an awarded vendor on several national and regional cooperative purchasing contracts. Please see the uploaded document titled “Musco Cooperative Information” for a summary of the cooperative and approximate sales for 2020, 2021, and 2022.
*
23 List any GSA contracts or Standing Offers
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
Musco Sports Lighting, LLC currently does not hold any GSA contracts. *
Table 4: References/Testimonials
Line Item 24 . Supply reference information from three customers who are eligible to be Sourcewell participating entities.

Entity Name * Contact Name * Phone Number *
Fairfax County Park Authority Paul Shirey 703-324-8738 * Denver Public Schools Josh Griesbach 720-423-1913 *
University of Iowa Laura Hawks 319-467-1626 *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

Table 5: Top Five Government or Education Customers
Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.

Entity Name Entity Type * State /
Province * Scope of Work * Size of Transactions * Dollar Volume Past Three Years *
Education Education Florida - FL Materials & install Approx. $500K Approx. $10.8M * Education Education Arizona - AZ Materials Approx. $750K Approx. $6.8M * Government Government Florida - FL Materials & install Approx. $1.7M Approx. $6.7M * Government Government Texas - TX Materials & install Approx. $900K Approx. $6.3M * Education Education Texas - TX Materials & install Approx. $400K Approx. $5.9M * Table 6: Ability to Sell and Deliver Service
Describe your company’s capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.

Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.

Line
Item Question Response *
26 Sales force. Musco has a sales force of over 100 dedicated Sales Team Members throughout the United States & Canada. These Team Members are employed by Musco.

Musco has offices and manufacturing facilities in Oskaloosa, Muscatine and Urbandale, Iowa. We have a workforce of approximately 1,300 Team Members located in these facilities and regional sales offices conveniently located around the United States of America. In addition, we have approximately 200 Team Members located outside the United States of America supporting our manufacturing facilities in Shanghai, China and Gumi, South Korea and multiple sales offices globally. *
27 Dealer network or other distribution
methods.

Musco Sports Lighting, LLC has no agents or dealers authorized to represent the company. Musco’s custom designed, engineered to order lighting systems must be purchased directly from the company.
*
28 Service force. Musco has over 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factory-trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems. Our Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training.

Proactive testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored.
*
29 Describe the ordering process. If orders
will be handled by distributors, dealers or
others, explain the respective roles of the
Proposer and others.

Orders will be handled by our Musco employed Sales Team. *
30 Describe in detail the process and
procedure of your customer service
program, if applicable.  Include your
response-time capabilities and
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises.

Musco has over 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factory-trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems. Our Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training.

Proactive testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored.

Musco’s Warranty Department will make arrangements with the specified project contact to identify & rectify the situation in an appropriate time frame. If needed, Musco has the ability to hire a local electrical contractor to perform any immediate warranty needs.

Musco will provide all materials and labor to maintain operation of its lighting system to original design criteria during the warranty period up to 25 years (depending on product). Musco products are guaranteed to perform for the as detailed in our warranty documents.
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

31 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in the
United States.

Musco Sports Lighting is authorized to sell products and provide services in all 50 states, the District of Columbia and Canada. Musco will be able to fully serve all geographic areas through the proposed contract. In Canada, Musco sells under our Canadian company, Musco Sports Lighting Canada Co.
*
32 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada.

Musco Sports Lighting is authorized to sell products and provide services in all 50 states, the District of Columbia and Canada. Musco will be able to fully serve all geographic areas through the proposed contract. In Canada, Musco sells under our Canadian company, Musco Sports Lighting Canada Co.
*
33 Identify any geographic areas of the United
States or Canada that you will NOT be
fully serving through the proposed contract.

Musco Sports Lighting, LLC will be able to fully serve all Sourcewell Members throughout the United States and Canada. *
34 Identify any Sourcewell participating entity
sectors (i.e., government, education, not-for-
profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
Musco Sports Lighting, LLC will be able to fully serve all Sourcewell Members through the proposed contract.
*
35 Define any specific contract requirements
or restrictions that would apply to our
participating entities in Hawaii and Alaska
and in US Territories.

Musco has no specific requirements or restrictions which apply to Sourcewell Members located off shores. *
Table 7: Marketing Plan
Line
Item Question Response *
36 Describe your marketing strategy for
promoting this contract opportunity.

Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.

Musco Sports Lighting, LLC has several brochures available to market our product to Sourcewell Members. A sampling of what we can supply is listed below, included in our catalog and attached.
•    World Class Leaders
•    We Make it Happen
•    Always Ready to Play brochure
•    Total Light Control – TLC for LED™ brochure
•    Retrofit Lighting Solutions brochure
•    Musco Control Solutions
Musco Sports Lighting, LLC markets our products through tradeshows, conventions, direct mail and advertising. Musco does targeted, personalized marketing promotions to specific customer groups and would be able to provide information on Sourcewell as appropriate in those promotions.
*
37 Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.

Musco regularly provides updates about our Team, product, services and projects via our web site & social media accounts (Twitter, Facebook, Instagram, YouTube & LinkedIn). In addition, our Sales Team each have Twitter and/or LinkedIn that they post updates to on a regular basis.
*
38 In your view, what is Sourcewell’s role
in promoting contracts arising out of
this RFP? How will you integrate a
Sourcewell-awarded contract into your
sales process?
Musco anticipates that Sourcewell would promote Musco’s solutions and services via their web site, social media, tradeshows and publications.

Our USA & Canada Sales Team will promote Sourcewell by informing qualified customers of this available resource for their use in purchasing Musco’s solutions. *
39 Are your products or services
available through an e-procurement
ordering process? If so, describe your
e-procurement system and how
governmental and educational
customers have used it.

Due to Musco’s custom designed, engineered to order lighting systems, our products and services are not available through any e-procurement ordering process. *
Table 8: Value-Added Attributes
Line
Item Question Response *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

40 Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell participating entities.

Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.

Musco includes training with the purchase of our solutions.

During the sales process, Musco’s Sales Team will provide education on sports lighting, Musco’s products and services as well as applicable governing bodies standards.

Once installation of the Musco lighting system is completed, Musco’s Sales Team and/or Project Manager will complete an overview of the lighting system and complete final light level evaluations. They will then assist in arranging a more in-depth training with our Control- Link Central™ Team.

Musco’s Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training. *
41 Describe any technological
advances that your proposed
products or services offer.

At Musco, our approach is more than just selling and installing poles and fixtures. We are in the business of selling the right amount light, on and off the facility, for the least amount of cost over the life of the warranty. We work closely with the owner and their consultants to gain a full understanding of the facility, its use and surroundings.

Musco’s Light-Structure System™ has delivered long-term performance for thousands of customers around the world. Lights, structures, and electrical components are engineered to work together. This assures the designed lighting gets in the place and stays there over the life of the system, while also maintaining and protecting the operating environment so the components continue to function. We have included features like easy to reach remote drivers, integrated grounding, and surge protection to ensure the longevity of the LED’s sensitive electronic components.

For over a decade, the Musco Team has been testing the LED light source and applying it on projects where it was the best choice. We have researched LED’s distinctive challenges and advantages and applied our knowledge of light control to the unique characteristics of the diode, assuring the quality of lighting for which Musco is known.  We have paired our expertise in controlling light with the advancing output of LED to the point that we are confident it’s a cost-effective option to consider for recreational facilities. Musco creates controlled light, not floodlights.

LED brings many benefits and new opportunities, but it’s a tool, not a solution. Controlling LED’s intense light is challenging. But with Total Light Control – TLC for LED®, we are able to achieve things never before possible – from pinpoint precision to instant on/off, to varying light levels for different needs and sport presentation theatrics (choreographed light & music shows). With the ever-evolving sports and recreation landscape Musco continues to push boundaries in the marketplace.

The key issue in sports lighting haven’t changed: generating light, projecting it onto the target, keeping it out of the neighborhood and night sky, and creating an operating environment that allows it to last in real world conditions. Musco is able to carve out the area to be lighted and dramatically cut off any impact on the surrounding area. We use more of the light produced by the fixture, lose less light, and don’t abuse the neighborhood.

With cities and recreational needs growing faster than ever, it’s critical to maximize the available resources and make solid decisions about managing and expanding facilities. The Control-Link® System is a reliable, cost-effective control system that helps control, monitor, and manage recreation facility lighting. It can control existing lighting systems and other electrically operated equipment. Whether for new lighting systems or to upgrade existing lights, the Control-Link® system includes our Control-Link Central™ team, the on-site Control- Link® equipment, and an industry-leading warranty. Our exclusive Control-Link Central™ team is staffed 24/7 to assist with your scheduling and reporting needs.

Musco’s Light-Structure System™ with Total Light Control – TLC for LED® is backed by an industry-leading 25-year warranty. Musco’s Constant 25™ Product Assurance & Warranty program covers all materials and labor to maintain operation of its lighting system to original design criteria for 25 years.
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50

42 Describe any “green” initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each.

Musco is committed to excellence and leadership in the protection of the environment, and the implementation of sustainable guidelines. We minimize the emissions to air, water, and land through programs to reduce pollution at its source and will conserve energy through the use of energy efficient lighting systems.

Product:
•    Musco’s Green Generation Lighting® (HID) and TLC for LED® technology are 30 to 80 percent more energy efficient than traditional lighting equipment. •    Customized optics direct light onto the desired surface, reducing wasted light into the surrounding area.
•    Control-Link® system provides remote on/off control, allowing customers to schedule our light systems to help maximize energy efficiency.
•    Eases pollution by eliminating or reducing the use of hazardous substances and reducing greenhouse gas emissions.

Manufacturing:
•    On-site waste management includes recycling manufacturing scrap materials, wooden skids, paper and other packaging materials.
•    Packaging of our Light-Structure System™ contains between 30 to 50 percent recycled material.
•    Reusable packaging is used to move components from original fabrication through the complete manufacturing process.
•    During the spot maintenance and complete system lamping provided by Musco, all HID lamps are recycled to salvage both the mercury and glass. •    Reuse water during the manufacturing process and conserve water when possible.

Office:
•    Electronic components that are not re-usable due to equipment failure or are below minimum requirements are recycled through and E-Waste Facility. •    Use geothermal heating and air conditioning to minimize energy consumption. •    Our facilities have automatic toilets and faucets to minimize water usage. *
43 Identify any third-party issued eco-
labels, ratings or certifications that
your company has received for
the equipment or products
included in your Proposal related
to energy efficiency or
conservation, life-cycle design
(cradle-to-cradle), or other
green/sustainability factors.

Musco currently does not hold any third-party issued eco-labels, ratings or certifications for our products. With sports lighting being a small piece of the U.S. lighting marketplace, categories just don’t exist for this type of product. Musco has been the industry leader in developing lighting solutions that provides high quality on field performance and environmental sensitivity to the surrounding area. Energy efficiency, spill and glare control, and field management solutions have been our staple for success in the industry. *
44 Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.

Musco Sports Lighting, LLC is not a Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business.
*
45 What unique attributes does your
company, your products, or your
services offer to Sourcewell
participating entities? What makes
your proposed solutions unique in
your industry as it applies to
Sourcewell participating entities?
Musco Sports Lighting provides a custom designed, engineered to order lighting systems, from foundation to pole top that operates as a complete system. The lighting system comes with our Constant 25™ or Constant 10™ Product Assurance & Warranty Program. Musco’s Constant 25™ or Constant 10™ not only covers your product for 25 or 10 years, it guarantees that your light levels will not drop below the designed performance for the warranty period. Musco also includes our Control-Link® system that provides the customer assurance their system will be maintained by Musco for the warrantied period.

At Musco, our approach is more than just selling and installing poles and fixtures. We are in the business of selling the right amount light, on and off the facility, for the least amount of cost over the life of the warranty. We work closely with the owner and their consultants to gain a full understanding of the facility, its use and surroundings. *
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.

Line
Item Question Response *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50