National City City Council
August 19, 2025

AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Marcus Bush, Vice-Mayor – District 4 Scott W. Huth, Interim City Manager Luz Molina, Councilmember- District 1 Barry J. Schultz, City Attorney Jose Rodriguez, Councilmember -District 2 Shelley Chapel, MMC, City Clerk Ditas Yamane, Councilmember – District 3
_______________________________________________________________________ The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Thank you for participating in local government and the City of National City Council Meetings.

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

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

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

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

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

To listen to the live stream in Spanish, you must register for Zoom prior to the meeting for access.

All Zoom registration must be completed two (2) hours prior to the City Council Meeting for access.

Public Comment: Persons wishing to address the City Council on matters not on the agenda may do so under Public Comments. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker’s Slip to the City Clerk before the meeting or immediately following the announcement of the item. All comments will be limited up to three (3) minutes. The Presiding Officer shall have the authority to reduce the time allotted to accommodate for a large number of speakers. (City Council Policy 104) All written comment must be submitted no later than four (4) hours prior to the start of the meeting to allow time for distribution to the City Council.

EFFECTIVE JANUARY 1, 2023
All Contributions to Candidates and Current Elected Officials are required to self-report a Declaration of Campaign Contribution to a Councilmember of more than $250 within the past year (effective Jan 1, 2023). This report may be included on the Public Comment Speaker Slip to be completed prior to the City Council Meeting.

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

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

AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Marcus Bush, Vice-Mayor – District 4 Scott W. Huth, Interim City Manager Luz Molina, Councilmember- District 1 Barry J. Schultz, City Attorney Jose Rodriguez, Councilmember -District 2 Shelley Chapel, MMC, City Clerk Ditas Yamane, Councilmember – District 3
_______________________________________________________________________ The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Gracias por participar en las reuniones del gobierno local y del Consejo de la Ciudad de National City.

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

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

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

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

Para escuchar la transmission en Español, registration por Zoom es requerido antes del comienzo de la sesión.

Todo registro para la trasmisión por Zoom debe completarse dos (2) horas antes de la Reunión del Concejo Municipal.

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

Por favor, envíe una solicitud del orador al Secretario de la Ciudad antes de la reunión o inmediatamente después del anuncio del artículo. Todos los comentarios estarán limitados a tres (3) minutos. El Presidente tendrá la autoridad para reducir el tiempo asignado para dar cabida a un gran número de oradores. (Política del Concejo Municipal 104) Si desea enviar comentarios por escrito, envíe un correo electrónico a la Oficina del Secretario de la Ciudad al menos 1 hora antes de la Reunión del Consejo Municipal para dar tiempo a la distribución al Consejo Municipal.

Todos comentarios deben estar sometidos a más tardar cuatro (4) horas antes del comienzo de la sesión.

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

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

AGENDA
Consolidated Regular Meeting

Tuesday, August 19, 2025, 6:00 p.m.

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

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE TO THE FLAG

4. INVOCATION

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

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

6.1 Flagship Cruises and Events - Electric Ferry

6.2 American Golf - National City Golf Course 7

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

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

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

8.2 Approval of City Council Meeting Minutes. 25
Recommendation:

Approve and file.

8.3 Approval of an Agreement Amendment with Burke, Williams & Sorensen, LLP for Legal Services in Connection with Case Titled Cummins v. the City of National City – Appeal by Increasing the Not-to-Exceed Amount by $100,000 for a New Total Not-to-Exceed Amount
40 Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending the Agreement between the City of National City and Burke, Williams & Sorensen, LLP, for Legal Services in Connection with Case Titled Cummins v. the City of National City – Appeal by Increasing the Not-to-Exceed Amount by $100,000 for a New Total Not-to-Exceed Amount of $175,000.”

8.4 Approval of an Amendment to the Agreement with Liebert Cassidy Whitmore for Legal Services Pertaining to Employment Law Matters. 103
Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending the Agreement between the City of National City and Liebert Cassidy Whitmore for Legal Services Regarding Labor and Employment Law Matters to Increase the Not-to-Exceed Amount by $100,000.”

8.5 Approval of an Agreement Amendment with Liebert Cassidy Whitmore for Legal Services in the Specialized Area of Labor Negotiations by Extending the Agreement to December 31, 2025
114
Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending the Agreement between the City of National City and Liebert Cassidy Whitmore for Legal Services in the Specialized Area of Labor Negotiations by Extending the Agreement to December 31, 2025.

8.6 Approval of an Agreement with The Vision Culture Foundation for a Mural on the National City Public Works Building at 1720 Wilson Avenue. 130
Recommendation:

Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute an Agreement with The Vision Culture Foundation for a Mural on the Public Works Building Located at 1720 Wilson Avenue.”

8.7 Awarding a Contract to A. Preman Roofing, Inc., for the Library Roof Replacement Project, CIP No. 25-09.
147
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to A. Preman Roofing, Inc. in the Not-to-Exceed Amount of $407,829 for the Library Roof Replacement Project, CIP No. 25-09; 2) Authorizing a 15% Contingency in the Amount of $61,175 for any Unforeseen Changes; 3) Authorizing the Mayor to Execute the Contract; and 4) Authorizing the Establishment of an Appropriation in the Amount of $469,004 in the Library Capital Outlay Fund.”

8.8 Land and Water Conservation Fund Assistance for the Proposed Las Palmas Little League Ballfields Restoration Project
167
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Approving the Filing of an Application for Land and Water Conservation Fund Grant Funds from the State of California Department of Parks and Recreation for the Proposed Las Palmas Little League Ballfields Restoration Project; 2) Authorizing the City Engineer to Execute the Grant Application, Grant Agreement and Subsequent Documents if Awarded; and 3) Committing to Providing a Local Match.”

8.9 National City Chamber of Commerce Economic Development Agreement – FY 26 193
Recommendation:

Adopt the Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute an Agreement between the City of National City and the National City Chamber of Commerce for a Not-to-Exceed Amount of $50,000 to Assist in Economic Development Services.”

8.10 Notice of Decision – Planning Commission Approval of a Coastal Development Permit and Conditional Use Permit (CUP) for On-Site Beer and Wine Sales, and Live Entertainment at an Existing Restaurant (La Malquerida by Dolche) Located at 1524 McKinley Avenue.
212
Recommendation:

Staff Recommends Approval of the Request for On-Site Beer and Wine Sales and Live Entertainment, Subject to the Recommended Conditions in the Attached Planning Commission Resolution No. 2025-07, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol and Live Entertainment are Conditionally-Allowed Uses in the Medium Manufacturing Zone and Would be Accessory to Food Sales at the Restaurant.

8.11 Notice of Decision – Planning Commission Approval of a Conditional Use Permit (CUP) for On-Site Beer and Wine Sales and Live Entertainment at an Existing Restaurant (Sushi N’ Gone) Located at 1539 E 8th Street. 261
Recommendation:

Staff Recommends Approval of the Request for On-Site Beer and Wine Sales and Live Entertainment, Subject to the Recommended Conditions in the Attached Planning Commission Resolution No. 2025-06, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol and Live Entertainment are Conditionally-Allowed Uses in the Major Mixed-Use Corridor Zone and Would be Accessory to Food Sales at the Restaurant.

8.12 2025 Performance Report of Annual Fire Safety Inspections 312 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Acknowledging Receipt of a Report Made by the Fire Chief of the National City Fire Department Regarding the Annual Inspection of Certain Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.”

8.13 Successor Agency Proposed Budget for Fiscal Year 2025-26 316 Recommendation:

Adopt the Resolution Entitled: “Resolution of the Board of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, California, Adopting a Budget of $4,128,682 for Fiscal Year 2025-26.”

8.14 Warrant Register No. 47 for the Period of 5/16/25 through 5/22/25 in the Amount of $2,277,810.41
321
Recommendation:

Ratify Warrants Totaling $2,277,810.41

8.15 Warrant Register No. 48 for the Period of 5/23/25 through 5/29/25 in the Amount of $1,181,714.48
330
Recommendation:

Ratify Warrants Totaling $1,181,714.48

8.16 Warrant Register No. 49 for the Period of 5/30/25 through 6/5/25 in the Amount of $3,907,751.19
338
Recommendation:

Ratify Warrants Totaling $3,907,751.19

9. CONTINUED PUBLIC HEARING

9.1 Continued Public Hearing - First Reading and Introduction of an Ordinance Amending Section 8.32.015 of the National City Municipal Code Related to the Keeping of Hen Chickens.
348
Recommendation:

Introduce the Ordinance Entitled: “An Ordinance of the City Council of the City of National City, California, Amending Section 8.32.015 ‘Restrictions on Keeping Certain Animals, Birds, and Reptiles’ of the National City Municipal Code Pertaining to the Allowance of Keeping Additional Hen Chickens.”

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

10.1 Public Hearing - First Reading and Introduction of an Ordinance Adding Chapter 6.30 (Short-Term Rentals) to the National City Municipal Code. 353
Recommendation:

Introduce the Ordinance Entitled, “An Ordinance of the City Council of the City of National City, California, Amending Title 6 (Business and Franchise Taxes) of the National City Municipal Code Adding Chapter 6.30 (Short-Term Rentals).”

10.2 Public Hearing: Introduction and First Reading of an Ordinance Amending Title 15 (Buildings And Construction) of the National City Municipal Code Creating a New Section (15.83 – Lot Tie Agreements).
375
Recommendation:

Introduce the Ordinance Entitled: “An Ordinance of the City Council of the City of National City, California, Amending Title 15 (Buildings and Construction) of the National City Municipal Code Creating a New Section (15.83 – Lot Tie Agreements)”

10.3 Public Hearing – Amendment of NCMC 9.38 establishing a Tobacco Retail License Program
380
Recommendation:

Provide Feedback to Staff and/or Introduce the Ordinance entitled, “An Ordinance of the City Council of the City of National City Amending Title 9 of the National City Municipal Code by Amending Chapter 9.38 Pertaining to Tobacco Retailer Licensing and Restricting the Sale, Display and Promotion of Tobacco to Youth.”

11. STAFF REPORTS

11.1 Amendment to the Lease and Operating Agreement between the City of National City and American Golf Corporation.
399
Recommendation:

Adopt the Resolution Entitled: “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute an Amendment to the Agreement with American Golf Corporation for the Maintenance and Operation of the National City Golf Course to Extend the Agreement by Sixty Days to October 31, 2025.”

11.2 Setting the FY 2026 Property Tax Rate for Library General Obligation Bonds 579 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Setting the Fiscal Year 2026 Secured Property Tax Rate for the Library General Obligation Bonds at 0.00266 cent (0.00266%) per $100 of Assessed Valuation.”

12. CITY MANAGER’S REPORT

13. ELECTED OFFICIALS REPORT

13.1 POLICY 105 REQUEST - Discussion Regarding Resolution to Support Utility Affordability and Accountability Legislative Package - Requested by ViceMayor Bush 583

13.2 POLICY 105 REQUEST - Discussion Regarding Activity Cultural Economic (ACE) - Requested by Vice-Mayor Bush
588

14. CITY ATTORNEY REPORT

15. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, September 2, 2025 - 6:00 p.m. - Council Chambers - National City, California.

1439 Sweetwater Road
National City, CA 91950 nationalcitygc.com

TOGETHER WE CAN

GENERAL MANAGER OPERATIONS MANAGER SUPERINTENDENT PROGRAMMING

NATIONAL CITY GOLF COURSE

Revenue
Investement
Daily Operations
Risk Mangement
✅ Covers 100% of operating costs
✅ Maintains & staffs facility
✅ Invests in upkeep & improvements
✅ Manages revenue (green fees, events)
✅ Absorbs risk during downturns/weather
✅ Handles cleanup & repairs (e.g., after rain)
✅ No direct operating expense
✅ Receives consistent rent
✅ Gains enhanced community amenity
✅ Protects public land and access
✅ Retains land ownership & open space
✅ No taxpayer funds required
Public Benefit: Clean, Open, Accessible Green Space + Guaranteed Rent + No City Cost

NATIONAL CITY GOLF COURSE

CORALES FAMILY
National City Golf Course serves as more than just a place to play—it is a hub for connection, recreation, and community wellness. Welcoming to residents of all ages, the course reflects the diversity and resilient spirit of National City, offering a space where families gather, friendships grow, and a true sense of belonging is fostered.

EASTER WOMEN’S CLUB
“I love National City Golf Course! This has been a home of mine for over 20 years, the golf course and staff is an extension of my family. The golf course means so much to me.

I want you to remain here for many more years, long after I’m gone!” -Helen Labrada
National City Resident

NATIONAL CITY GOLF COURSE

“NCGC has been gracious in providing our student athletes with time to practice, range balls, and a venue for them to develop their skills to
improve as golfers. These skills will assist in their future careers, as golf is a sport for
networking and doing business.”
-Ervin G. Hernandez
Athletic Director/Adapted Physical Education Specialist Sweetwater High School “I have never experienced the
generosity NCGC has given us at any
other course.”
-Michael Metzig
Head Golf Program Coach
Sweetwater High School
National City Golf Course serves as a critical access point for youth development in our community Strong partnerships with local schools & organizations like SCGA Hundreds of juniors introduced to golf and mentorship opportunities Programs teach discipline, integrity, sportsmanship, and perseverance A safe, structured alternative to at-risk behaviors

NATIONAL CITY GOLF COURSE

At National City Golf Course, we believe every community deserves a space that feels like home. That’s why we’ve worked with heart and intention to make our course a welcoming place for all—regardless of age, background, or ability. From family tournaments and senior leagues to veterans’ outings and community walks for causes like cancer awareness, we’ve created programs that bring people together and celebrate what makes National City special. This sense of shared ownership isn’t just good for golf— it’s a reflection of our values. It fosters connection, builds civic pride, and strengthens the inclusive spirit that defines our city

NATIONAL CITY GOLF COURSE

CAPITAL IMPROMVENTS
Bridge Replacement
Bunker Sand

INSTRUCTION & PROGRAMMING
Expand programming for Senior, Women, and Juniors
Community Events: Easter Egg Hunt, Family Day, Movie Night Grow the Game Initiatives

ENVIRONMENTAL
Explore Audubon Certification
Explore Solar Energy Applications

AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, August 19, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:

Approval of City Council Meeting Minutes.

RECOMMENDATION:

Approve and file.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Meeting Minutes:

Special City Council Meeting of July 29, 2025 – Closed Session Special City Council Meeting of August 5, 2025 – Closed Session Regular City Council Meeting of August 5, 2025
FINANCIAL STATEMENT:

Not applicable.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable
ENVIRONMENTAL REVIEW:

This is not a project under CEQA, and is therefore, not subject to environmental review.

CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Special City Council Meeting of July 29, 2025 – Closed Session – Meeting Minutes Exhibit B – Special City Council Meeting of August 5, 2025 – Closed Session – Meeting Minutes Exhibit C – Regular City Council Meeting of August 5, 2025 – Meeting Minutes

SPECIAL MEETING MINUTES OF THE CITY COUNCIL

CLOSED SESSION
July 29, 2025, 4:00 p.m.

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

Present: Councilmember Molina
Councilmember Rodriguez
Councilmember Yamane
Vice-Mayor Bush
Mayor Morrison
Others Present: Scott W. Huth, Interim City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk (via Zoom)
Bruce Foltz, Director of Finance
Tonya Hussain, Deputy City Clerk
Conchita Waite, Acting Human Resources Director
_____________________________________________________________________

1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 4:05 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Molina, Rodriguez, Yamane, Bush, Morrison

3. PLEDGE OF ALLEGIANCE
Councilmember Yamane led the Pledge of Allegiance.

4. PUBLIC COMMENT (Public Comment will be Restricted to Agenda Items Only) The Mayor has allowed two-minutes for comment.

5. CLOSED SESSION
Members retired into Closed Session at 4:24 p.m. and returned at 10:33 p.m. with all members present in attendance: Molina, Rodriguez, Yamane, Bush, Morrison, and Schultz Special Counsel: Berliner left at 6:30 p.m.

Following Closed Session City Attorney Schultz reported the following on items discussed:

5.1 The City Council provided directions to the Labor Negotiator.

5.2 and 5.3
Involved existing litigation including Cali Mota and BCD v City of National City and a report was provided on the status of mediation efforts with those parties.

5.4 Existing Litigation Polanco v City of National City – No reportable action.

5.5 Anticipated Litigation – No reportable action.

5.6 Public Employee Performance Evaluation involving the Interim City Manager – No reportable action.

5.1 CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 5457.6
Employee Organizations:

Municipal Employees’ Association (SEIU, Local 221),
National City Firefighters Association (Local 2744), and Police Officers Association (POA),
Unrepresented Groups: Executive, Confidential, and Management Agency Designated Representatives:

Steven Berliner (Labor Negotiator)
Scott Huth (Interim City Manager)
Bruce Foltz (Finance Director)
Conchita Waite (Acting Human Resources Director)
In-Person Comment
Stephanie Mendiola
James Kim
Ed Nieto

5.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9 (d) (1)
Name of Case: BCD, LLC v City of National City. et al
Superior Court of California, County of San Diego
Case Number: 37-2023-00012507-CU-WM-CTL
In-Person Comment
Dukie Valderrama

5.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9 (d) (1)
Name of Case: Cali Mota, LLC v City of National City. et al Superior Court of California, County of San Diego
Case Number: 37-2023-00007308-CU-WM-CTL

5.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Name of Case: Micaela Polanco v. The City of National City, et al Case Number: 25CU004193C
In-Person Comment
Marissa Cuevas
Alexander Gutterud

5.5 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation
Government Code Section 54956.9 (d) (2)
Number of Potential Cases: 1
In-Person Comment
Alisha Morrison

5.6 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)
Position to be Reviewed: Interim City Manager

6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, August 5, 2025, 5:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 10:34 p.m.
___________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of August 19, 2025. __________________________
Ron Morrison, Mayor

SPECIAL MEETING MINUTES OF THE CITY COUNCIL

CLOSED SESSION
August 5, 2025, 4:00 p.m.

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

Present: Councilmember Molina
Councilmember Rodriguez
Councilmember Yamane
Vice-Mayor Bush
Mayor Morrison
Others Present: Scott W. Huth, Interim City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk (via Zoom)
Bruce Foltz, Director of Finance
Tonya Hussain, Deputy City Clerk
Sergio Mora, Fire Chief
Richard E. Romero, Assistant City Attorney
Conchita Waite, Acting Human Resources Director
_____________________________________________________________________

1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 4:03 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Molina, Rodriguez, Yamane, Bush, Morrison

3. PLEDGE OF ALLEGIANCE
Councilmember Yamane led the Pledge of Allegiance.

4. PUBLIC COMMENT (Public Comment will be Restricted to Agenda Items Only) The Mayor allowed two-minutes for each public comment.

In-Person Comment: Jeremy Day and Ed Nieto

5. CLOSED SESSION
Members retired into Closed Session at 4:10 p.m. and returned at 5:06 p.m. with all members present in attendance: Molina, Rodriguez, Yamane, Bush, Morrison, and Schultz Special Counsel: Bickler entered Closed Session at 4:10 p.m. and left at 4:15 p.m.

Special Counsel: Berliner entered Closed Session at 4:15 p.m. and left at 4:37 p.m.

5.1 LIABILITY CLAIM
Government Code Section 54954.5
WORKERS COMPENSATION CLAIM NO. 24-180196
WCAB NO. ADJ 19419440
Claimant: Derek Jones v. City of National City Fire Department

5.2 CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 5457.6
Employee Organizations:

Municipal Employees’ Association (SEIU, Local 221),
National City Firefighters Association (Local 2744), and Police Officers Association (POA),
Unrepresented Groups: Executive, Confidential, and Management Agency Designated Representatives:

Steven Berliner (Labor Negotiator)
Scott Huth (Interim City Manager)
Bruce Foltz (Finance Director)
Conchita Waite (Acting Human Resources Director)

6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, August 5, 2025, 5:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 5:06 p.m.
___________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of August 19, 2025. __________________________
Ron Morrison, Mayor

REGULAR MEETING MINUTES OF THE CITY COUNCIL
August 5, 2025, 5:00 p.m.

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

Present: Councilmember Molina
Councilmember Rodriguez
Councilmember Yamane
Vice-Mayor Bush
Mayor Morrison
Others Present: Scott W. Huth, Interim City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk (via Zoom)
Bruce Foltz, Director of Finance
Danielle Ghio, City Librarian
Alex Hernandez, Chief of Police
Tonya Hussain, Deputy City Clerk
Martha Juarez, Asst. Director of Engineer/Public Works
Tracy Lamb, Interim Community Services Director
Sergio Mora, Fire Chief
Martin Reeder, Assistant Director of Community Development Conchita Waite, Acting Human Resources Director
_____________________________________________________________________

1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 5:08 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Molina, Rodriguez, Yamane, Bush, Morrison Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.

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

4. INVOCATION
None.

Item not on the agenda
In memoriam, Mayor Morrison recognized David Avalos and Eric Esperon and announced he would adjourn the meeting in their honor.

Recognition in honor of Eric Esperon was accepted by Tony Sanchez.

5. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing one (1) minute per comment and introduced City Clerk Chapel.

In-person comment: Virtual Comment:

Elizabeth Murphy Judy Strang
Alisha Morrison Becky Rapp
Micaela Polanco Terri Skelly
Marissa Cuevas Madison Rapp
Alexander Gutterud Shukri Aden
Jessica Diaz
Ruth Cuevas Written Comment:

Maricar Comaya Ernesto Castaneda on behalf of Assemblymember Alvarez Jeanine Mariaelena Aguilar
Joseph Crawford Maria G. Martinez
Ed Nieto
Gloria Salas
Irma Hernandez
Ana Reveles
Magdalena Alvarez
Donna Lopez
Victor Valle
Grace Rojas-Jimenez
April Jackson
Arnel Andres
Maria Irvin
Jamie Esteller
Brenda Estrada
Percy Wilford
Vice-Mayor Bush left the dais at 5:41 p.m. and returned at 5:44 p.m.

Mayor Morrison left the dais at 5:46 p.m. and returned at 5:47 p.m.

Councilmember Rodriguez left the dais at 5:57 p.m. and returned at 5:59 p.m.

6. PROCLAMATIONS AND RECOGNITION

6.1 Introduction of New City Employees
Chief of Police Alex Hernandez, Acting Human Resources Director Conchita Waite, and Neighborhood Services Manager Ronny Soriano introduced new department staff.

7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
Councilmember Molina provided an update on SANDAG.

There were no other reports.

8. CONSENT CALENDAR
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to approve the Consent Calendar with the exception of Items 8.7, 8.16, 8.19, and 8.20 pulled for public comment.

Motion carried by unanimous vote.

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

8.2 Approval of City Council Meeting Minutes
Approve and file.

Motion carried by unanimous vote.

8.3 Acceptance of Donation from the Fleet Science Center and Authorization of a Corresponding Budget Adjustment in the Library Fund
Adopted Resolution No. 2025-79
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing, in Accordance with City Council Policy No. 204, the Acceptance of the Donation of $15,000 from the Fleet Science Center, and Authorizing the Establishment of a Corresponding Appropriation in the Library Fund for Library Programs that Promote STEAM Education and Community Engagement.”
Motion carried by unanimous vote.

8.4 Agreement Between the City of San Diego Office of Emergency Services and the City of National City for the Distribution of FY24 Urban Area Security Initiative (UASI) Grant Funds.

Adopted Resolution No. 2025-80
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California (1) Authorizing the Mayor to Execute an Agreement between the City of San Diego Office of Emergency Services and the City of National City and (2) Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $507,211 Based on the Fiscal Year 2024 Urban Area Security Initiative (“UASI”) Grant for the Reimbursable Grant Purchase of Training and Equipment for the National City Police and Fire Departments.” Motion carried by unanimous vote.

8.5 Amendment to Restricted Grant Agreement with the State of California Department of Transportation for the Clean California Local Grant Program for the National City Eastside I-805 Community Greenbelt Project CIP No. 22-09.

Adopted Resolution No. 2025-81
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute an Amendment to the Restricted Grant Agreement with the State of California Department of Transportation for the Clean California Local Grant Program for the National City Eastside I-805 Community Greenbelt Project, CIP No. 22-09.” Motion carried by unanimous vote.

8.6 Annual Appropriations Limit for Fiscal Year 2026
Adopted Resolution No. 2025-82
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving and Adopting the Annual Appropriations Limit of $88,935,393 for Fiscal Year 2026”
Motion carried by unanimous vote.

Item pulled for public comment.

8.7 Authorize the purchase of Roofing Materials from The Garland Company, Inc. for the National City Public Library.

Adopted Resolution No. 2025-83
Public comment received from Thomas Rike.

Recommendation: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant

to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto California Multiple Award Schedule Contract # 4-20-56-0006B with The Garland Company, Inc. for the Purchase of Roofing Materials in a Not-to-Exceed Amount of $622,584 for the National City Public Library; and 2) Authorizing the Establishment of an Appropriation of $622,584 in the Library Capital Outlay Fund.” ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to adopt the resolution.

Motion carried by unanimous vote.

8.8 Bayshore Bikeway Segment 5 and Connections Project, CIP 19-24, ATP Cycle 7 Grant Appropriation for Construction Phase.

Adopted Resolution No. 2025-84
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Mayor to Execute Program Supplement Agreement No. F031 with the State of California Department of Transportation for Construction of the Bayshore Bikeway – Segment 5 and Connections Project, CIP 19-24, ATP Cycle 7; and 2) Authorizing the Establishment of an Engineering Grants Fund Appropriation of $5,681,000 and Corresponding Revenue Budget.” Motion carried by unanimous vote.

8.9 Increase Contract Amount for the Bicycle Wayfinding Project, CIP No. 19-25, through use of Active Transportation Program Grant Funds.

Adopted Resolution No. 2025-85
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing a Change Order and Increase to the Contract with A Good Sign & Graphics Co. in the Amount of $139,980 for the Bicycle Wayfinding Project, CIP No. 19-25.”
Motion carried by unanimous vote.

8.10 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence Located at 2005 Grove Street.

Adopted Resolution No. 2025-86
Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 2005 Grove Street.” Motion carried by unanimous vote.

8.11 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence Located at 1215 Hoover Avenue.

Adopted Resolution No. 2025-87
Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 1215 Hoover Avenue.” Motion carried by unanimous vote.

8.12 International Association of Fire Fighters Medical Reimbursement Plan Revision.

Adopted Resolution No. 2025-88
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving Employee Contributions to the International Association of Fire Fighters Medical Expense Reimbursement Plan to Allow Employees who Promote out of the National City Firefighters’ Association into Management or Executive Positions to Continue Participation in the Plan.” Motion carried by unanimous vote.

8.13 Investment Report for the Quarter Ended March 31, 2025.

Accept and File the Investment Report for the Quarter Ended March 31, 2025.

Motion carried by unanimous vote.

8.14 Project Close-Out and Notice of Completion for the 3131 Hoover Avenue Storm Drain Replacement Project, CIP No. 24-11.

Adopted Resolution No. 2025-89
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by Bert W. Salas, Inc. for the 3131 Hoover Avenue Storm Drain Replacement Project, CIP No. 24-11; 2) Approving the Final Contract Amount of $465,343.15; 3) Ratifying the Release of Retention in the Amount of $23,267.16; and 4) Authorizing the Mayor to Sign the Notice of Completion.”
Motion carried by unanimous vote.

8.15 Project Close-Out and Notice of Completion for the 16th Street and M Avenue Storm Drain Repair Project, CIP No. 24-12.

Adopted Resolution No. 2025-90

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by Palm Engineering Construction Company, Inc. for the 16th Street and M Avenue Storm Drain Repair Project, CIP No. 24-12; 2) Approving the Final Contract Amount of $355,279.09; 3) Ratifying the Release of Retention in the Amount of $17,763.95; and 4) Authorizing the Mayor to Sign the Notice of Completion.” Motion carried by unanimous vote.

Item pulled for public comment.

8.16 Purchase of Roofing Materials from The Garland Company, Inc. for National City Fire Station 34.

Adopted Resolution No. 2025-91
Public comment received from Thomas Rike.

Recommendation: Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto California Multiple Award Schedule Contract # 4-20-56-0006B with The Garland Company, Inc. for the Purchase of Roofing Materials in a Not-to-Exceed Amount of $194,524 for National City Fire Station 34; and 2) Authorizing the Establishment of an Appropriation of $194,524 in the Capital Improvement Program Fund for Facility Upgrades.” ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to adopt the resolution.

Motion carried by unanimous consent.

8.17 Temporary Use Permit – Pumpkin Station hosted by Pinery Christmas Trees at Westfield Plaza Bonita Mall from September 26, 2025, through October 31, 2025, with No Waiver of Fees.

Approve the Application for a Temporary Use Permit Subject to Compliance with all Conditions of Approval with No Waiver of Fees and in Accordance with City Council Policy 802.

Motion carried by unanimous vote.

8.18 Warrant Register No. 44 for the Period of 4/25/25 through 5/1/25 in the Amount of $2,738,659.12
Ratify Warrants Totaling $2,738,659.12
Motion carried by unanimous vote.

Item pulled for public comment.

8.19 Warrant Register No. 45 for the Period of 5/2/25 through 5/8/25 in the Amount of $2,144,837.38
Public comment received from Thomas Rike.

Recommendation: Ratify Warrants Totaling $2,144,837.38
ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Yamane to ratify the warrants for Item 8.19 and 8.20.

Motion carried by unanimous vote.

Item pulled for public comment.

8.20 Warrant Register No. 46 for the Period of 5/9/25 through 5/15/25 in the Amount of $3,721,471.31
Public comment received from Thomas Rike.

Recommendation: Ratify Warrants Totaling $3,721,471.31
ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Yamane to ratify the warrants for Item 8.19 and 8.20.

Motion carried by unanimous vote.

9. STAFF REPORTS

9.1 Review and Discussion of the 2025 Master Fee Schedule Public comment was received by Thomas Rike and Ed Nieto.

Recommendation: Direct City staff regarding which fees in the 2025 Master Fee Schedule, if any, should be amended from the level adopted at the June 3, 2025 City Council meeting. If any fees should be amended, direct City staff regarding the level to which the fees should be amended.

ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Molina to approve the 2025 Master Fee Schedule.

Motion carried by unanimous vote.

10. CITY MANAGER’S REPORT
Interim City Manager Huth announced the library's closure for the day due to a waterline break and efforts to provide temporary facilities for continued service.

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

12. CITY ATTORNEY REPORT
Mayor Morrison introduced City Attorney Schultz who reported on Closed Session agenda Items 5.1 and 5.2.

Item 5.1 – Proposed settlement was approved unanimously in the amount of $94,902.50.

Item 5.2 – Negotiators were provided with instructions.

CLOSED SESSION

5.1 LIABILITY CLAIM
Government Code Section 54954.5
WORKERS COMPENSATION CLAIM NO. 24-180196
WCAB NO. ADJ 19419440
Claimant: Derek Jones v. City of National City Fire Department

5.2 CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 5457.6
Employee Organizations:

Municipal Employees’ Association (SEIU, Local 221),
National City Firefighters Association (Local 2744), and Police Officers Association (POA),
Unrepresented Groups: Executive, Confidential, and Management Agency Designated Representatives:

Steven Berliner (Labor Negotiator)
Scott Huth (Interim City Manager)
Bruce Foltz (Finance Director)
Conchita Waite (Acting Human Resources Director)

13. ADJOURNMENT
Mayor Morrison adjourned the meeting in memory and honor of David Avalos and Eric Esperon to the Regular Meeting of the City Council of the City of National City, Tuesday, August 19, 2025, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 6:28 p.m.
___________________________
Tonya Hussain, CMC, Deputy City
Clerk
The foregoing minutes were approved at the Regular Meeting of August 19, 2025. ___________________________
Ron Morrison, Mayor

AGENDA REPORT
Department: City Attorney's Office
Prepared by: Barry Schultz, City Attorney
Meeting Date: Tuesday, August 19, 2025
Approved by: Scott Huth, Interim City Manager
SUBJECT:

Approval of an Agreement Amendment with Burke, Williams & Sorensen, LLP for Legal Services in Connection with Case Titled Cummins v. the City of National City – Appeal by Increasing the Not-to-Exceed Amount by $100,000 for a New Total Not-to-Exceed Amount RECOMMENDATION:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending the Agreement between the City of National City and Burke, Williams & Sorensen, LLP, for Legal Services in Connection with Case Titled Cummins v. the City of National City – Appeal by Increasing the Not-to-Exceed Amount by $100,000 for a New Total Not-toExceed Amount of $175,000.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On May 7 2024, with City Council approval, the City entered into an agreement with Burke, Williams & Sorensen, LLP, to provide advice and counsel to the City in connection with Litigation and Government Claims for a not-to-exceed amount of $75,000 per case.

Burke, Williams & Sorensen, LLP, represents the City in the case titled Cummins v. the City of National City – Appeal. The scope of work includes post-trial motions and the appeal of the judgment.

To avoid any lapse in the City’s ability to consult with Burke, Williams & Sorensen, LLP, City staff recommends amending the existing Agreement as it pertains to the case titled Cummins v. the City of National City - Appeal to cover the costs of providing an increased scope of services from the original amount of $75,000 by $100,000 for a new total not-to-exceed amount of $175,000.

The increased costs are covered by insurance.

FINANCIAL STATEMENT:

Sufficient appropriations exist in the Liability Insurance Fund to pay for the services to be provided under this amendment to the agreement.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable
ENVIRONMENTAL REVIEW:

This is not a project under CEQA, and is therefore, not subject to environmental review.

CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – 1st Amendment
Exhibit B – Agreement
Exhibit C – Resolution

Amended Agreement Page 1 City of National City and
Burke, Williams & Sorensen, LLP

AMENDMENT TO THE AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

BURKE, WILLIAMS & SORENSEN, LLP
THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this ____ day of August, 2025, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and Burke, Williams & Sorensen, LLP (the “FIRM”).

RECITALS
WHEREAS, the CITY and the FIRM entered into an Agreement on May 7, 2024 (the “Agreement”), wherein the FIRM agreed to provide advice and counsel to the CITY in connection with litigation and government claims for a not-to-exceed amount of $75,000 per case; and
WHEREAS, the FIRM represents the CITY in the case titled Cummins v. the City of National City – Appeal and has provided the legal work associated with the post-trial motions and will include the appeal of the judgment; and WHEREAS, the parties desire to amend the Agreement as it pertains to the case titled Cummins v. the City of National City - Appeal to cover the costs of providing increase scope of services from the original amount of $75,000 by increasing the not-to-exceed by by $ 100,000 for a new total not-to-exceed amount of $ 175,000.

AGREEMENT
NOW, THEREFORE, the parties hereto agree that:

1. The May 7, 2024 Agreement is hereby amended to cover the cost of the increased scope of services from the original not-to-exceed amount of $75,000 by an increase amount of $100,000, for a new total not-to-exceed amount of $175,000 as it pertains to the case titled Cummins v. the City of National City – Appeal.

2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the May 7, 2024 Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written.

Amended Agreement Page 2 City of National City and
Burke, Williams & Sorensen, LLP

CITY OF NATIONAL CITY
By:________________________
Ron Morrison, Mayor
APPROVED AS TO FORM:

By:___________________________
Barry J. Schultz, City Attorney

BURKE, WILLIAMS &

SORENSEN, LLP
By: __________________________
Title:_________________________

RESOLUTION NO. 2025 -

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

AMENDING THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND BURKE,

WILLIAMS & SORENSEN, LLP, FOR LEGAL SERVICES IN CONNECTION WITH CASE TITLED CUMMINS V. THE CITY OF NATIONAL CITY – APPEAL BY INCREASING THE NOTTO-EXCEED AMOUNT BY $100,000 FOR A NEW TOTAL NOT-TO-EXCEED AMOUNT OF $175,000.

WHEREAS, on May 7, 2024, the City of National City (“City”) entered into an agreement with Burke, Williams & Sorensen, LLP, to assist in representing the City in connection with litigation and government claims (the “Agreement”); and WHEREAS, Burke, Williams & Sorensen, LLP, represents the City in the case titled Cummins v. the City of National City – Appeal and the scope of work includes post-trial motions and includes the appeal of the judgment; and
WHEREAS, the parties desire to amend the Agreement as it pertains to the case titled Cummins v. the City of National City - Appeal to cover the costs of providing an increased scope of services from the original amount of $75,000 by $100,000 for a new total not-to-exceed amount of $175,000.

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

Section 1: Authorizes the execution of an amendment, attached as Exhibit A to the Agenda Report, to the May 7, 2024 Agreement between the City of National City and Burke, Williams & Sorensen, LLP, as it pertains to the case titled Cummins v. the City of National City - Appeal to cover the costs of providing an increased scope of services from the original amount of $75,000 by $100,000 for a new total not-to-exceed amount of $175,000.

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

PASSED and ADOPTED this 19th day of August, 2025.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Human Resources
Prepared by: Conchita Waite, Acting Human Resources Director Meeting Date: Tuesday, August 19, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:

Approval of an Amendment to the Agreement with Liebert Cassidy Whitmore for Legal Services Pertaining to Employment Law Matters.

RECOMMENDATION:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending the Agreement between the City of National City and Liebert Cassidy Whitmore for Legal Services Regarding Labor and Employment Law Matters to Increase the Notto-Exceed Amount by $100,000.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On June 21, 2022, the City entered into an agreement with Liebert Cassidy Whitmore to provide as-needed general legal services regarding labor and employment law matters for a not-toexceed amount of $50,000. In order to continue to pay outstanding invoices for services that were not anticipated and to provide resources for future legal services, staff is requesting to increase the not-to-exceed amount by $100,000 for a new total not-to-exceed amount of $150,000.

FINANCIAL STATEMENT:

Sufficient appropriations exist in the Human Resources Department’s Professional Services account to pay for the additional services.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable
ENVIRONMENTAL REVIEW:

This is not a project under CEQA, and is therefore, not subject to environmental review.

CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A - Amendment
Exhibit B – Agreement
Exhibit C - Resolution

Amended Agreement Page 1 City of National City and
Liebert Cassidy Whitmore

AMENDMENT TO THE AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

LIEBERT CASSIDY WHITMORE
THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 19th day of August, 2025, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and LIEBERT CASSIDY WHITMORE (the “FIRM”).

RECITALS
WHEREAS, the CITY and the FIRM entered into an Agreement on June 21, 2022 (the “Agreement”), wherein the FIRM agreed to provide advice and counsel to the CITY on employment law matters including, as needed, general legal services regarding labor employment law matters for a not-to-exceed amount of $50,000; and
WHEREAS, the parties desire to amend the Agreement by increasing the not-to-exceed amount by $100,000.00, for a total not-to-exceed amount of $150,000,.00.

AGREEMENT
NOW, THEREFORE, the parties hereto agree that:

1. The June 21, 2022 Agreement is hereby amended to increase the not to-exceed amount by $100,000.00, for a total not-to-exceed amount of $150,00.00.

2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the June 21, 2022 Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written.

CITY OF NATIONAL CITY
By:________________________
Scott Huth, Interim City Manager
APPROVED AS TO FORM:

By:___________________________
Barry J. Schultz
City Attorney

LIEBERT CASSIDY

WHITMORE
By: __________________________
Title:_________________________

RESOLUTION NO. 2025 -

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

AMENDING THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND LIEBERT

CASSIDY WHITMORE FOR LEGAL SERVICES REGARDING LABOR AND EMPLOYMENT LAW MATTERS TO INCREASE THE NOT-TO-EXCEED AMOUNT BY $100,000.

WHEREAS, on June 21, 2022, the City of National City (“City”) entered into an agreement with Liebert Cassidy Whitmore to provide as-needed general legal services regarding labor and employment law matters for a not-to-exceed amount of $50,000 (the “Agreement”); and WHEREAS, in order to continue to receive legal services under this agreement, City staff recommends amending the Agreement to increase the not-to-exceed amount by $100,000, for a new total not-to-exceed amount of $150,000.

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

Section 1: That the City Council hereby authorizes the execution of an amendment, attached as Exhibit A to the Agenda Report, to the June 21, 2022 agreement between the City of National City and Liebert Cassidy Whitmore for legal services regarding labor and employment law matters to increase the not-to-exceed amount by $100,000, for a new total not-to-exceed amount of $150,000.

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

PASSED and ADOPTED this 19th day of August, 2025.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: City Attorney's Office
Prepared by: Barry Schultz, City Attorney
Meeting Date: Tuesday, August 19, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:

Approval of an Agreement Amendment with Liebert Cassidy Whitmore for Legal Services in the Specialized Area of Labor Negotiations by Extending the Agreement to December 31, 2025 RECOMMENDATION:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending the Agreement between the City of National City and Liebert Cassidy Whitmore for Legal Services in the Specialized Area of Labor Negotiations by Extending the Agreement to December 31, 2025.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On August 6, 2024, with City Council approval, the City entered into an Agreement with Liebert Cassidy Whitmore for Labor Negotiation services effective August 6, 2024 through July 31, 2025.

On June 17, 2025, with City Council approval, the Agreement with Liebert Cassidy Whitmore was amended to extend the Agreement to August 31, 2025 and accepted the new hourly rates.

To avoid any lapse in the City’s ability to consult with Liebert Cassidy Whitmore, City staff recommends amending the existing Agreement by extending the Agreement to December 31, 2025. The City is currently in labor negotiations.

FINANCIAL STATEMENT:

Sufficient appropriations exist in the City Manager’s Professional Services account to pay for the costs of services provided under this agreement.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable
ENVIRONMENTAL REVIEW:

This is not a project under CEQA, and is therefore, not subject to environmental review.

CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – 2nd Amendment
Exhibit B – 1
st Amendment
Exhibit C– Agreement
Exhibit D– Resolution

2 nd Amended Agreement Page 1 City of National City and Liebert Cassidy Whitmore

AMENDMENT TO THE AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

LIEBERT CASSIDY WHITMORE
THIS SECOND AMENDMENT TO THE AGREEMENT is entered into this ____ day of August, 2025, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and Liebert Cassidy Whitmore (the “FIRM”).

RECITALS
WHEREAS, the CITY and the FIRM entered into an Agreement on August 6, 2024 (the “Agreement”), wherein the FIRM agreed to provide advice and counsel to the CITY in connection with labor negotiations for the term of August 6, 2024 through July 31, 2025; and
WHEREAS, on June 17, 2025, the CITY and the FIRM amended the original Agreement by extending the term of the Agreement to August 31, 2025, and to increase hourly rates; and
WHEREAS, the parties desire to amend the Agreement by extending the term of the Agreement to December 31, 2025.

AGREEMENT
NOW, THEREFORE, the parties hereto agree that:

1. The August 6, 2024 Agreement is hereby amended to extend the term of the Agreement to December 31, 2025.

2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the August 6, 2024 Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written.

CITY OF NATIONAL CITY
By:________________________
Ron Morrison, Mayor
APPROVED AS TO FORM:

By:___________________________
Barry J. Schultz, City Attorney

LIEBERT CASSIDY WHITMORE
By: __________________________
Title:_________________________

RESOLUTION NO. 2025 -

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

AMENDING THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND LIEBERT

CASSIDY WHITMORE FOR LEGAL SERVICES IN THE SPECIALIZED AREA OF LABOR NEGOTIATIONS BY EXTENDING THE AGREEMENT TO DECEMBER 31, 2025.

WHEREAS, on August 6, 2024, the City of National City (“City”) entered into an agreement with Liebert Cassidy Whitmore to assist in representing the City in connection with labor negotiations with its three formal labor groups effective August 6, 2024 through July 31, 2025 (the “Agreement”); and
WHEREAS, on June 17, 2025, the CITY and the FIRM amended the original Agreement by extending the term of the Agreement to August 31, 2025, and increased the hourly rates; and WHEREAS, the parties desire to amend the Agreement by extending the term of the Agreement to December 31, 2025.

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

Section 1: Authorizes the execution of an amendment, attached as Exhibit A to the Agenda Report, to the August 6, 2024 Agreement between the City of National City and Liebert Cassidy Whitmore for legal services in the specialized area of labor negotiations by extending the term of the agreement to December 31, 2025.

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

PASSED and ADOPTED this 19th day of August, 2025.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: City Manager's Office
Prepared by: Pedro Garcia, Economic Development Manager Meeting Date: Tuesday, August 19, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:

Approval of an Agreement with The Vision Culture Foundation for a Mural on the National City Public Works Building at 1720 Wilson Avenue.

RECOMMENDATION:

Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute an Agreement with The Vision Culture Foundation for a Mural on the Public Works Building Located at 1720 Wilson Avenue.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

On April 22, 2025, the Public Art Committee received a presentation on the proposed mural and voted to recommend approval of the project.

EXPLANATION:

The City of National City, in collaboration with local nonprofit Vision Culture Foundation, proposes to install a graffiti-style mural on two exterior walls of the Public Works building at 1720 Wilson Avenue, which faces the I-5 freeway and are regularly targeted by graffiti.

The mural seeks to:
 Deter ongoing vandalism through artistic activation of public space  Beautify a highly visible corridor in the city
 Celebrate the City’s diverse cultural identity and workforce Scope of Work
Per the proposal from Vision Culture Foundation (Exhibit A), the mural will:
 Cover approximately 2,700 square feet across two walls  Be painted by 6 artists working over the span of one work week (approx. 240 hours total)  Feature a theme centered on community unity, history, and resilience  Include materials such as spray paint, ladders, rollers, scaffolding, and artist supplies Budget Breakdown:
 Artist honorariums (6 artists): $8,280
 Paint and supplies: $3,720
 Total Base Cost: $12,000
 Optional Add-On: $2,000 for a 2-year maintenance and touch-up plan  Total with Maintenance Option: $14,000

This project represents the first step in a broader beautification effort aimed at installing murals along the full stretch of freeway-facing walls in the area, including the Extra Storage facility. These walls are routinely targeted by graffiti, and the City intends to explore a phased approach to public art as a long-term solution to reduce vandalism and support the workload of graffiti abatement crews.

Funding will be provided by the City, and Vision Culture will serve as the creative lead. The City retains ownership of the mural.

FINANCIAL STATEMENT:

Project cost is $12,000, with an optional $2,000 allocation for ongoing maintenance. Funding for this project is available in the Facilities Maintenance Fund in account 626-10-31-31500-7299- (Contract Services).

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library
ENVIRONMENTAL REVIEW:

This is not a project under CEQA, and is therefore, not subject to environmental review.

CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Agreement
Exhibit B – Scope of Services
Exhibit C – Resolution
Exhibit D – Mural Rendition

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City of NationalCity and
The Vision Culture Foundation

AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

THE VISION CULTURE FOUNDATION
THIS AGREEMENT is entered into by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and THE VISION CULTURE FOUNDATION, a California non-profit corporation (the "CONSULTANT").

RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to deliver a public art project consisting of painting a mural at the City-owned Public Works building located at 1726 Wilson Avenue in National City (the "Project"); and
WHEREAS, based on review of the CONSULTANT'S proposal and artistic background, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services; and
WHEREAS, the CONSULTANT agrees that upon completion of the Project, ownership of the physical works of art installed within public rights of way shall be transferred to the CITY, and the CONSULTANT waives and releases all rights of ownership to those works of art.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:

1. ENGAGEMENT OF THE CONSULTANT. The CITY agrees to engage the CONSULTANT to deliver the Project, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein.

The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT.

2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement shall not become effective and binding until fully executed by both the CITY and the CONSULTANT. The duration of this Agreement is for the period of one (1) year, commencing July 1, 2025 through June 30, 2026.

3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A".

The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall keep staff and City Council advised of the progress on the Project.

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The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services.

4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Engineering & Public Works, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Ryan Johnson, Director, thereby is designated as the Project Director for the CONSULTANT.

5. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be paid lump sum based on monthly billings covering actual work performed. The total cost for all work described in Exhibit "A" shall not exceed $14,000. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY.

The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested.

6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due.

In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONSULTANT.

7. DISPOSITION AND OWNERSHIP OF DOCUMENTS; LICENSES. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for the Project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to the Project; and (3) shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement.

Ownership of all materials and concepts produced for the CITY under this Agreement, including but not limited to the completed work described in Exhibit "A", and all rights to licensing and reproductions of the work, shall pass to and become the property of the CITY, once payment for that phase of work is made by the CITY. The CITY, at its option, will store all drawings and materials that may assist with future repairs. The CONSULTANT shall

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waive all rights to the work, including copyright, moral rights under the Visual Artists Rights Act, rights under the California Art Preservation Act, and any other artistic rights that may exist in the work.

The CONSULTANT hereby assigns to the CITY all rights to produce, give, sell, and distribute still or motion images and models or other likeness of any kind of the work, the compensation for which is part of the fee described in Section 5 above, but shall exercise no rights thereto inconsistent with the provision of this Section 7. The CITY agrees to make reasonable efforts to provide appropriate credit to the CONSULTANT on all such material, but is not obligated to do so.

Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and the CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. the CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer.

The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works and 17 United States Code §l06A and §113(d) relating to artists rights.

Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 15, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of the Project, unless otherwise mutually agreed.

The provisions of this Section 7 shall survive the termination of this Agreement.

Further, professional artists under contract with the CONSULTANT for the purpose of performing work under this Agreement are required to adhere to the applicable terms of this Agreement, including the provisions of this Section 7.

8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance.

This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY.

Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subconsultants, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by the CONSULTANT with its subconsultant(s) shall require the subconsultant(s) to adhere to the applicable terms of this

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Agreement.

9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and the CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement.

10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its subconsultant(s), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement.

11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession.

12. STANDARD OF CARE.

A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site.

B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration, or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto.

C. The CONSULTANT is responsible for identifying any unique products, treatments, processes, or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes, or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub-section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time.

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13. DRUG FREE WORKPLACE. The CONSULTANT agrees to comply with the CITY's Drug-Free Workplace requirements. Every person awarded a contract by the CITY for the provision of services shall certify to the CITY that it will provide a drug-free workplace. Any subcontract entered into by the CONSULTANT pursuant to this Agreement shall contain this provision.

14. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to ensure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

15. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 15, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

The CONSULTANT shall not disclose any reports, recommendations, conclusions, or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm, or corporation.

The CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 16.

16. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, the CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's performance or other obligations under this Agreement;

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provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and the CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney.

The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement.

17. EMPLOYEE PAYMENTS AND INDEMNIFICATION.

17.1 PERS Eligibility Indemnification. If the CONSULTANT's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY.

The CONSULTANT's employees providing service under this Agreement shall not:
(1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of the CITY; (4) receive any employer contributions paid by the CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to aCITY employee. The CONSULTANT's employees hereby waive any claims to benefits or compensation described in this Section 17. This Section 17 applies to the CONSULTANT notwithstanding any oilier agency, state, or federal policy, rule, regulation, law, or ordinance to the contrary.

17.2 Limitation of CITY Liability. The payment made to the CONSULTANT under this Agreement shall be the full and complete compensation to which the CONSULTANT and the CONSULTANT's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither the CONSULTANT nor the CONSULTANT's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave, or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of the CONSULTANT. The CITY shall not be required to pay any workers' compensation insurance on behalf of the CONSULTANT.

17.3 Indemnification for Employee Payments. The CONSULTANT agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) the CONSULTANT, (2) any employee of the CONSULTANT, or (3) any employee of the CONSULTANT construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement.

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18. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code, and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, and hold harmless· the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought, or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement.

19. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subconsultant(s), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies:

A.  If checked, Professional Liability Insurance (errors and omissions) with minimum limits of$1,000,000 per occurrence.

B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non-owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided.

C. Commercial General Liability Insurance, with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy.

D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of the CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement.

If the CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, the CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to the CONSULTANT by the CITY.

E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change.

F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement.

G. The Certificate Holder for all policies of insurance required by this Section shall be:

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City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY's Risk Manager. In the event coverage is provided by nonadmitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements.

I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 19 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein.

J. All deductibles and self-insured retentions in excess of ten-thousand dollars ($10,000) must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 19, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

K. If the CONSULTANT maintains broader coverage or higher limits(or both) than the minimum limitsshown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

20. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out-of-court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees.

For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party.

21. TERMINATION.

A. This Agreement may be terminated with or without cause by the CITY.

Termination without cause shall be effective only upon sixty (60) day's written notice to the CONSULTANT. During said sixty (60) day period the CONSULTANT shall perform all services in accordance with this Agreement.

B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in

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connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY.

C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein.

D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7.

E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name, or change in business status of the CONSULTANT.

22. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile, or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified, or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile, or fax, when sent. Any notice, request, demand, direction, or other communication delivered or sent as specified above shall be directed to the following persons:

CITY: Pedro Garcia
Economic Development Manager
Office of the City Manager
City of National City
1243 National City Boulevard
National City, CA 91950-4397
CONSULTANT:

Ryan Johnson
Co-Director
The Vision Culture Foundation
2440 Highland Avenue
National City, CA 91950

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Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request, or communication sent. Any notice, request, demand, direction, or other communication sent by cable, telex, telecopy, facsimile, or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section.

23. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process, or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY.

D If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code.

Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk
The CONSULTANT shall be strictly liable to the CITY for all damages, costs, or expenses the CITY may suffer by virtue of any violation of this Section 23 by the CONSULTANT.

24. PREYAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wage rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. The CONSULTANT is solely responsible to determine if state prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations.

25. ADMINISTRATIVE PROVISIONS.

A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday, or federal, state, or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday, or federal, state, or legal holiday.

B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument.

C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.

The Vision Culture Foundation
Standard Agreement
Revised January 2024
D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.

E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control.

F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto.

G. Assignment & Assumption of Rights. The CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY.

H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.

I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California.

J. Audit. If this Agreement exceedsten-thousand dollars($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7.

K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.

L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.

M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 19 and the indemnification and hold harmless provision of Section 16 of this Agreement.

N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation, and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto.

The Vision Culture Foundation
Standard Agreement
Revised January 2024
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year written below.

CITY OF NATIONAL CITY
By: __________________________
Scott W. Huth, Interim City Manager
APPROVED AS TO FORM:

By: ____________________________
Barry J. Schultz
City Attorney
Date: ___________

THE VISION CULTURE FOUNDATION
(Corporation – signatures of two corporate officers required) (Partnership or Sole proprietorship – one signature)
By: ______________________________
Ryan Johnson
Co-Director
Date: ___________

CONTACT INFORMATION

CITY OF NATIONAL CITY
1243 National City Boulevard
National City, CA 91950-4397
Phone: 619-336-4523
Contact: Scott W. Huth
Title: Interim City Manager
Dept.: City Manager
Email: [email protected]

THE VISION CULTURE FOUNDATION
2440 Highland Avenue
National City, CA 91950
Phone: 619-247-4592
Contact: Ryan Johnson
Title: Co-Director
Email: [email protected]
Taxpayer I.D. No.:

RESOLUTION NO. 2025 -

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

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE VISION CULTURE FOUNDATION FOR A MURAL ON THE PUBLIC WORKS BUILDING LOCATED AT 1720 WILSON AVENUE.

WHEREAS, the Public Works building located at 1720 Wilson Avenue is a frequent target for graffiti and vandalism; and
WHEREAS, the City of National City (“City”) desires to beautify the area and reduce staff time dedicated to repeated graffiti abatement efforts; and WHEREAS, The Vision Culture Foundation, a designated 501(c)(3) non-profit based in the City, provides various art programing and events, mentorship and resources for youth and the community; and
WHEREAS, City and The Vision Culture Foundation seek to partner to develop and implement a community-based public art project consisting of painting a mural at the Public Works building (the “Project”), for a total project cost of $12,000, with an optional two-year maintenance provision at an additional cost of $2,000; and
WHEREAS, the proposed mural was reviewed and recommended for approval by the Public Art Committee at its regular meeting on April 22, 2025; and WHEREAS, City staff recommends executing the agreement with The Vision Culture Foundation for the Project for the not-to-exceed amount of $14,000.

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

Section 1: That the City Council hereby authorizes the Mayor to execute an agreement with The Vision Culture Foundation for a mural on the Public Works building located at 1720 Wilson Avenue for the not-to-exceed amount of $14,000.

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

PASSED and ADOPTED this 19th day of August, 2025.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Ricardo Rodriguez, Assistant Engineer-Civil Meeting Date: Tuesday, August 19, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:

Awarding a Contract to A. Preman Roofing, Inc., for the Library Roof Replacement Project, CIP No. 25-09.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to A. Preman Roofing, Inc. in the Not-to-Exceed Amount of $407,829 for the Library Roof Replacement Project, CIP No. 25-09; 2) Authorizing a 15% Contingency in the Amount of $61,175 for any Unforeseen Changes; 3) Authorizing the Mayor to Execute the Contract; and 4) Authorizing the Establishment of an Appropriation in the Amount of $469,004 in the Library Capital Outlay Fund.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

In October 2024, the Engineering & Public Works Department commissioned a comprehensive roof inspection and assessment of all City-owned facilities. The results of the assessment confirmed that the multiple roofs covering the National City Public Library, which were installed nearly 20 years ago, have exceeded their useful life and need to be replaced. The Library Roof Replacement project, CIP No. 25-09 will remove and replace the existing roof at the National City Library.

On June 17, 2025, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On June 20, 2025 and June 27, 2025, the bid solicitation was advertised in the local newspaper. On July 9, 2025, seven (7) bids were received by the 2:00 p.m. deadline and A. Preman Roofing, Inc. was the apparent lowest bidder with a total bid amount of $407,829.

Upon review of all documents submitted, A. Preman Roofing, Inc.’s bid was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the project specifications.

Staff recommends awarding a contract to A. Preman Roofing, Inc. in the not-to-exceed amount of $407,829 and authorizing a 15% contingency in the amount of $61,175 to address any unforeseen conditions that may arise.

FINANCIAL STATEMENT:

Fund balance in the Library Capital Outlay Fund is available for this project:

Contract Award - $407,829 (new appropriation – Library Capital Outlay Fund) Expenditure Account No. 108-10-18-18500-7598-1620108 (Library Roof Replacement) 15% Contingency - $61,175 (new appropriation – Library Capital Outlay Fund) Expenditure Account No. 108-10-18-18500-7598-1620108 (Library Roof Replacement) RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library
ENVIRONMENTAL REVIEW:

This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c).

PUBLIC NOTIFICATION:

The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Bid Opening Summary
Exhibit B – Summary of Bid Items
Exhibit C – Owner-Contractor Agreement
Exhibit D – Resolution

Exhibit A

BID OPENING SUMMARY
NAME: Library Roof Replacement
CIP NO: 25-09
DATE: July 9, 2025
TIME: 2:00 P.M.

ESTIMATE: $550,000
PROJECT ENGINEER: Ricardo Rodriguez
NO. BIDDER’S NAME BID AMOUNT BID SECURITY
- BOND
1 A. Preman Roofing, Inc.
875 34th Street
San Diego, CA 92102
$407,829 Bond
2 Commercial & Industrial Roofing Co., Inc.
9239 Olive Drive
Spring Valley, CA 91977
$422,152 Bond
3 A Good Roofer, Inc.
11651 Riverside Drive, Suite 145
Lakeside, CA 92040
$439,530 Bond
4 Chambers, Inc.
1563 Sterling Court
Escondido, CA 92029
$556,625 Bond
5 Sylvester Roofing Company, Inc.
306N West El Norte Parkway, #371
Escondido, CA 92026
$792,000 Bond
6 Best Contracting Service, Inc.
19027 S Hamilton Avenue
Gardena, CA 90248
$873,472 Bond
7 Danny Letner, Inc.
1490 N Glassell Street
Orange, CA 92867
$907,300 Bond

Exhibit B

SUMMARY OF BID ITEMS
NAME: Library Roof Replacement
CIP NO: 25-09
DATE: July 9, 2025
TIME: 2:00 P.M.

ESTIMATE: $550,000
PROJECT ENGINEER: Ricardo Rodriguez
Item Description Unit Qty Unit Price Line Total Unit Price Line Total Unit Price Line Total 1 Removal, disposal and replacement of the existing
roofing system and installation of a new roofing
system per specifications
LS 1 $407,829.00 $407,829.00 $422,152.00 $422,152.00 $439,530.00 $439,530.00 Subtotal $407,829.00 $422,152.00 $439,530.00
Total $407,829.00 $422,152.00 $439,530.00
A. Preman Roofing, Inc.

Commercial & Industrial
Roofing Co., Inc. A Good Roofer, Inc.

OWNER - CONTRACTOR AGREEMENT
LIBRARY ROOF REPLACEMENT, CIP NO. 25-09
This Owner-Contractor Agreement (“Agreement”) is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and A. Preman Roofing, Inc. (“Contractor”), 875 34th Street, San Diego, CA 92102, on the 19th day of August, 2025, for the construction of the above referenced Project.

In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows:

1. CONSTRUCTION
The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn-key manner in accordance with this Agreement and all documents and plans referenced in Exhibit “A”, (hereinafter “Contract Documents”), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner.

2. CONTRACT PRICE
Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit “B” attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions.

3. TIME FOR PERFORMANCE
Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn-key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions.

4. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age.

5. AUTHORIZED OWNER REPRESENTATIVES
On behalf of the Owner, the Project Manager designated at the pre-construction meeting shall be the Owner’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement.

6. WORKERS' COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement."

7. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.

8. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested.

9. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner.

Ownershall have the right to control Contractor insofar as the results of Contractor's services

rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services.

10. LICENSES AND PERMITS
Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession.

Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession.

11. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch.

12. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original.

13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

I have read and understood all of the provisions of this Section 13, above:
(Initial) (Initial)

14. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor.

IN WITNESS WHEREOF this Agreement is executed as of the date first written above.

Owner: Contractor:

A. Preman Roofing, Inc.

Ron Morrison (Owner/Officer signature)
Mayor, City of National City
Print name and title
APPROVED AS TO FORM:
(Second officer signature if a corporation)
By: __________________________________
Barry J. Schultz Print name and title
City Attorney
Contractor’s City Business License No.

State Contractor’s License No. and Class
Business street address
City, State and Zip Code

EXHIBIT A

CONTRACT DOCUMENTS
Owner/Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
San Diego County Regional Standard Drawings
City of National City Standard Drawings
Standard Specifications for Public Works Construction and Regional Supplements (Greenbook)
State Standard Specifications
State Standard Plans
California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies
Electric, gas, and communications companies’ specifications and standards Sweetwater Authority specifications and standards
Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project.

EXHIBIT B

CONTRACT PRICE
No. Item Description Unit Qty Unit Price Line Total
Base Bid
1 Removal, disposal and replacement of the
existing roofing system and installation of a
new roofing system per specifications LS 1 $407,829.00 $407,829.00 Subtotal $407,829.00
Total $407,829.00

CORPORATE CERTIFICATE
I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then ______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

I, ___________________________________ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that _____________________________________, who signed said contract on behalf of the Contractor, was then _______________________________________________ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers.

Corporate Seal:

PARTNERSHIP CERTIFICATE
STATE OF ______________________________)
) ss
COUNTY OF _____________________________)
On this __________ day of ___________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared:
_____________________________________________________________ ____________________________ (Notary Seal)
known to me to be _________________________________of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same.

Signature: _______________________________________________________________ Name (Type or Print): _____________________________________________________ (Notary Public in and for said County and State)
My Commission expires: __________________________________________________

PERFORMANCE BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2025- _____, OR the City Manager of the City of National City, on the 19th day of August, 2025, has awarded A. Preman Roofing, Inc., hereinafter designated as the "Principal", the LIBRARY ROOF REPLACEMENT.

WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.

NOW, THEREFORE, we, the Principal and
___________________________________________ as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Four Hundred Seven Thousand, Eight Hundred Twenty-Nine Dollars ($407,829.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of

time, alteration or additions to the terms of the contract or to the work or to the specifications.

In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court.

IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the ________ day of ____________, 20____. ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) Surety Principal

PERFORMANCE BOND

ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STATE OF ______________________________ )
) ss
COUNTY OF _____________________________)
On this______ day of ______________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ____________________________________________ known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the ____________________________________________, the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact.

NOTE: Signature of those executing for
Surety must be properly
acknowledged.

NOTE: The Attorney-in-fact must attach a
certified copy of the Power of
Attorney.

Signature: _______________________________________________________________ Name (Type or Print): _____________________________________________________ Notary Public in and for said County and State
My Commission expires: __________________________________________________

PAYMENT BOND
WHEREAS, the City Council of the City of National City, by Resolution No. 2025- _____, OR the City Manager of the City of National City, on the 19th day of August, 2025, has awarded A. Preman Roofing, Inc., hereinafter designated as the "Principal", the LIBRARY ROOF REPLACEMENT.

WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and __________________________________ as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Four Hundred Seven Thousand, Eight Hundred Twenty-Nine Dollars ($407,829.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court.

This Bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the ________ day of _____________________, 20____. ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) ____________________________(SEAL) Surety Principal

ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STATE OF ______________________________ )
) ss
COUNTY OF _____________________________)
On this day _______ of __________________, 20____, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ____________________________________________ known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the ____________________________________________, the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact.

NOTE: Signature of those executing for
Surety must be properly
acknowledged.

NOTE: The Attorney-in-fact must attach a
certified copy of the Power of
Attorney.

Signature:

Name (Type or Print):
(Notary Public in and for said County and State)
My Commission expires:

ATTACH ALL BONDS

RESOLUTION NO. 2025 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AWARDING A CONTRACT TO A. PREMAN ROOFING, INC. IN THE NOT-TO-EXCEED AMOUNT OF $407,829 FOR THE LIBRARY ROOF REPLACEMENT PROJECT, CIP NO. 25- 09; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $61,175 FOR ANY UNFORESEEN CHANGES; 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; AND 4) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION IN THE AMOUNT OF $469,004 IN THE LIBRARY CAPITAL OUTLAY FUND.

WHEREAS, the Library Roof Replacement project, CIP No. 25-09 (the “Project”) will remove and replace the existing roof at the National City Library, which was installed nearly 20 years ago and has exceeded its useful life; and
WHEREAS, on June 17, 2025, the bid solicitation for the Project was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on June 20th and June 27th, 2025, the bid solicitation was advertised in the local newspaper; and
WHEREAS, on July 9, 2025, seven (7) bids were received by the 2:00 p.m. deadline; and WHEREAS, upon review of all documents submitted, A. Preman Roofing, Inc.’s bid in the total bid amount of $407,829 was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the Project specifications; and WHEREAS, City staff recommends 1) awarding a contract to A. Preman Roofing, Inc. in the not to-exceed amount of $407,829 for the Library Roof Replacement project, CIP No. 25-09; 2) authorizing a 15% contingency in the amount of $61,175 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; and 4) establishing an appropriation in the amount of $469,004 in the Library Capital Outlay Fund.

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

Section 1: That the City Council hereby authorizes the Mayor to execute the contract with A. Preman Roofing, Inc. in the not-to-exceed amount of $407,829 for the Library Roof Replacement project, CIP No. 25-09.

Section 2: That the City Council hereby authorizes a 15% contingency in the amount of $61,175 for any unforeseen changes.

Section 3: That the City Council hereby authorizes the establishment of appropriation in the amount of $469,004 in the Library Capital Outlay Fund.

Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 19th day of August, 2025.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Stephen Manganiello, Director of Engineering & Public Works Meeting Date: Tuesday, August 19, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:

Land and Water Conservation Fund Assistance for the Proposed Las Palmas Little League Ballfields Restoration Project
RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Approving the Filing of an Application for Land and Water Conservation Fund Grant Funds from the State of California Department of Parks and Recreation for the Proposed Las Palmas Little League Ballfields Restoration Project; 2) Authorizing the City Engineer to Execute the Grant Application, Grant Agreement and Subsequent Documents if Awarded; and 3) Committing to Providing a Local Match.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The ballfields at Las Palmas Park provide an opportunity for hundreds of local youth to participate in organized team sports, specifically Little League and Girls Softball. The two fields, which get consistent play throughout the year, are in need of major restoration to ensure a safe and accessible experience for players and fans. Staff has identified an opportunity to apply for a Land and Water Conservation Fund (LWCF) grant, which if approved, will contribute up to 50% towards the cost of improvements. Major elements of the project include restoration of both ballfields to improve drainage and performance, installation of permeable concrete walking paths for ADA compliance, slope stabilization and erosion control using retaining walls and planting vegetation, and replacement of the bleachers and outfield fencing. The estimated project cost is $810,000.

The project has strong support from the community based on numerous requests received from the Little League President, parents and other community members to improve conditions of the ballfields for safety and accessibility. The LWCF grant provides an excellent opportunity to close the funding gap for construction of the project. A City Council Resolution is required to demonstrate support for the project and commitment to providing the minimum grant match of $405,000 (which is 50% of the total project cost). Funding for the grant match is available through adoption of the Fiscal Year 2026 Capital Improvement Program Fund Budget.

Staff anticipates receiving notification as to whether the project has been selected for funding by Spring 2026. In the interim, City Public Works Parks Division will continue to support the leagues with maintenance of the ballfields.

FINANCIAL STATEMENT:

If grant funds are awarded, staff will return to City Council to establish appropriations and corresponding revenue budget.

LWCF Grant Amount Requested (Federal Grant) - $405,000
Local Match Required (funds available in Capital Improvement Program Fund) - $405,000 RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library
ENVIRONMENTAL REVIEW:

This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c).

PUBLIC NOTIFICATION:

The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Site Plan
Exhibit B – Grant Agreement Template
Exhibit C – Resolution

Date

Grant Contract
Department of Parks and Recreation
Sample Grant Contract
Land and Water Conservation Fund
GRANTEE__________________________________________________________________________ PROJECT TITLE______________________________________PROJECT NUMBER______________ GRANT PERFORMANCE PERIOD is from_________________________________________________ The GRANTEE agrees to the terms and conditions of this contract, hereinafter referred to as AGREEMENT, and the State of California, acting through its Liaison Officer pursuant to the program named above, and agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the GRANT SCOPE as defined in the GRANT SCOPE/Cost Estimate Form of the APPLICATION filed with the State of California referenced by the application number indicated above.

PROJECT DESCRIPTION:

The General Provisions attached are made a part of and incorporated into the Contract.

Code of Federal Regulations, Title 2, Subtitle A, Ch. II, Part 200 – Grant Agreements – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards is made part of and incorporated into this Contract as Exhibit A.

Total State Grant not to exceed __________________ (or 50% of the total Project, whichever is less. The federally approved surcharge will be deducted at
the time of billing. )
Rate of Reimbursement __________%
___________________________________________________________ Grantee
By_______________________________________
Typed or printed name of Authorized Representative STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
___________________________________________
Signature of Authorized Representative
Title_____________________________________
____________________________________
By_____________________________
Date____________________________

CERTIFICATION OF FUNDING
AMOUNT OF ESTIMATE CONTRACT NUMBER PROJECT NO. FUND
Land and Water
Conservation Fund
ADJ. INCREASING

ENCUMBRANCE

APPROPRIATION
ADJ. DECREASING

ENCUMBRANCE
CALSTARS VENDOR NO.

UNENCUMBERED

BALANCE

LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR
T. B. A. NO. B. R. NO. INDEX OBJ. EXPEND PCA PROJECT/WORK PHASE I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

SIGNATURE OF ACCOUNTING OFFICER DATE
27

28 State of California — The Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Land and Water Conservation Fund
Grant Contract Provisions
Part I - Definitions
A. The term “NPS” as used herein means the National Park Service, United States Department of the Interior.

B. The term “Director” as used herein means the Director of the National Park Service, or any representative lawfully delegated the authority to act for such Director.

C. The term “Secretary” as used herein means the Secretary of the Interior, or any representative lawfully delegated the authority to act for such Secretary.

D. The term “State” as used herein means the State, Territory, or District of Columbia that is a party to the project agreement, and, where applicable, the political subdivision or public agency to which funds are to be subawarded pursuant to this agreement.

Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it is to apply solely to the State. For purposes of these provisions, the terms “State,” “grantee,” and “recipient” are deemed synonymous.

E. The term “Land and Water Conservation Fund” or “LWCF” as used herein means the Financial Assistance to States section of the LWCF Act (Public Law 88-578, 78 Stat 897, codified at 54 U.S.C. § 2003), which is administered by the NPS.

F. The term “Manual” as used herein means the Land and Water Conservation Fund State Assistance Program Manual, Volume 71 (March 11, 2021).

G. The term “project” as used herein means a Land and Water Conservation Fund grant which is subject to the grant agreement and/or its subsequent amendments.

Part II - Continuing Assurances
The parties to the grant agreement specifically recognize that accepting LWCF assistance for the project creates an obligation to maintain the property described in the agreement and supporting application documentation consistent with the LWCF Act and the following requirements.

Further, it is the acknowledged intent of the parties hereto that recipients of LWCF assistance will use monies granted hereunder for the purposes of this program, and that assistance granted from the LWCF will result in a net increase, commensurate at least with the Federal cost-share, in a participant's outdoor recreation.

It is intended by both parties hereto that the LWCF assistance will be added to, rather than replace or be substituted for, State and/or local outdoor recreation funds.

A. The State agrees, as recipient of the LWCF assistance, that it will meet the LWCF General Provisions, and the terms and provisions as contained or referenced in, or

29 attached to, the NPS grant agreement and that it will further impose these terms and provisions upon any political subdivision or public agency to which funds are subawarded pursuant to the grant agreement. The State also agrees that it shall be responsible for compliance with the terms and provisions of the agreement by such a political subdivision or public agency and that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply.

B. The State agrees that the property described in the grant agreement and depicted on the signed and dated project boundary map made part of that agreement is being acquired or developed with LWCF assistance, or is integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of property leased from a federal agency. The Secretary shall approve such conversion only if it is found to be in accord with the then existing statewide comprehensive outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location (54 U.S.C. 200305(f)(3)). The LWCF post-completion compliance regulations at 36 C.F.R. Part 59provide further requirements. The replacement land then becomes subject to LWCF protection. The approval of a conversion shall be at the sole discretion of the Secretary, or her/his designee.

Prior to the completion of this project, the State and the Director may mutually agree to alter the area described in the grant agreement and depicted in the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded LWCF protection as Fund reimbursement is provided.

In the event the NPS provides LWCF assistance for the acquisition and/or development of property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation use as a result of such right or interest being exercised will occur. In receipt of this approval, the State agrees to notify the NPS of the potential conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions and the program regulations. The provisions of this paragraph are also applicable to: leased properties developed with LWCF assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the NPS; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the NPS.

C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quality and quantity of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under this agreement by the United

30 States would be inadequate compensation to the United States for any breach by the State of this agreement.

The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement or the submission and approval of a conversion request as described in Section II.B above.

D. The State agrees to comply with the policies and procedures set forth in the Manual.

Provisions of said Manual are incorporated into and made a part of the project grant agreement.

E. The State agrees that the property and facilities described in the grant agreement shall be operated and maintained as prescribed by Manual requirements and published post-completion compliance regulations (36 C.F.R. Part 59).

F. The State agrees that a notice of the grant agreement shall be recorded in the public property records (e.g., registry of deeds or similar) of the jurisdiction in which the property is located, to the effect that the property described and shown in the scope of the grant agreement and the signed and dated project boundary map made part of the agreement, has been acquired or developed with LWCF assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary as described in Part II.B. above.

G. Nondiscrimination

1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to nondiscrimination as outlined in Section V of the Department of the Interior Standard Award Terms and Conditions.

2. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence as set forth in 54 U.S.C. § 200305(i) and the Manual.

Part III - Project Assurances
A. Project Application

1. The Application for Federal Assistance bearing the same project number as the Grant Agreement and associated documents is by this reference made a part of the agreement.

2. The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as may be required.

31 3. The State has the capability to finance the non-Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project.

B. Project Execution

1. The project period shall begin with the date of approval of the project agreement or the effective date of a waiver of retroactivity and shall terminate at the end of the stated or amended project period unless the project is completed or terminated sooner in which event the project shall end on the date of completion or termination.

2. The State shall transfer to the project sponsor identified in the Application for Federal Assistance all funds granted hereunder except those reimbursed to the State to cover eligible expenses derived from a current approved negotiated indirect cost rate agreement.

3. The State will cause work on the project to start within a reasonable time after receipt of notification that funds have been approved and assure that the project will be implemented to completion with reasonable diligence.

4.. The State shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations.

5. The State will provide for and maintain competent and adequate architectural/ engineering supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the NPS may require.

6. In the event the project covered by the project agreement cannot be completed in accordance with the plans and specifications for the project; the State shall bring the project to a point of recreational usefulness agreed upon by the State and the Director or her/his designee in accord with Section “Project Termination” of this agreement.

7. As referenced in the DOI Standard Terms and Conditions, the State will ensure the project’s compliance with applicable federal laws and their implementing regulations, including: the Architectural Barriers Act of 1968 (P.L. 90-480) and DOI’s Section 504 Regulations (43 C.F.R. Part 17); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), and applicable regulations; and the Flood Disaster Protection Act of 1973 (P.L. 93-234).

8. The State will comply with the provisions of: Executive Order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and Executive Order 11990 relating to the protection of wetlands.

9. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108) and the Advisory Council on Historic Preservation regulations 36 C.F.R. Part 800) by adhering to procedural requirements while considering the effect of this grant award on historic properties. The Act requires federal agencies to take into account the effects of their undertaking (grant

32 award) on historic properties by following the process outlined in regulations. That process includes (1) initiating the process through consultation with the State Historic Preservation Officer and other on the undertaking, as necessary, by (2) identifying historic properties listed on or eligible for inclusion on the National Register of Historic Places that are subject to effects by the undertaking, as necessary, by (3) assessing the effects of the undertaking upon such properties, if present, and by (4) resolving adverse effects through consultation and documentation according to 36 C.F.R. § 800.11. If an unanticipated discovery is made during implementation of the undertaking the State in coordination with NPS shall consult per provisions 36 C.F.R § 800.13.

10. The State will assist the NPS in its compliance with the National Environmental Policy Act of 1969, as amended (42 U.S.C. §4321 et seq.) and the CEQ regulations (40 C.F.R. § 1500-1508), by adhering to procedural requirements while considering the consequences of this project on the human environment. This Act requires Federal agencies to take into account the reasonably foreseeable environmental consequences of all grant-supported activities. Grantees and subrecipients are required to provide the NPS with a description of any foreseeable impacts to the environment from grantsupported activities or demonstrate that no impacts will occur through documentation provided to the NPS. The applicant must submit an Application & Revision Form in order to asst the NPS in determining the appropriate NEPA pathway when grantassisted development and other ground disturbing activities are expected. If a Categorical Exclusion (CE) is the appropriate NEPA pathway, the NPS will confirm which CE, according to NPS Director’s Order 12, applies.

C. Construction Contracted for by the State Shall Meet the Following Requirements:

1. Contracts for construction shall comply with the provisions of 43 CFR Part 12 (Administrative and Audit Requirements and Cost Principles for Assistance Programs, Department of the Interior).

2. No grant or contract may be awarded by any grantee, subgrantee or contractor of any grantee or subgrantee to any party which has been debarred or suspended under Executive Order 12549. By signing the LWCF agreement, the State certifies that it will comply with debarment and suspension provisions appearing at Part III-J herein.

D. Retention and Custodial Requirements for Records

1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained in accordance with 43 CFR Part 12 for a period of three years; except the records shall be retained beyond the three-year period if audit findings have not been resolved.

2. The retention period starts from the date of the final expenditure report for the project.

3. State and local governments are authorized to substitute copies in lieu of original records.

4. The Secretary of the Interior and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the State and local governments and their subgrantees which

33 are pertinent to a specific project for the purpose of making audit, examination, excerpts and transcripts.

E. Project Termination

1. The Director may temporarily suspend Federal assistance under the project pending corrective action by the State or pending a decision to terminate the grant by the NPS.

2. The State may unilaterally terminate the project at any time prior to the first payment on the project. After the initial payment, the project may be terminated, modified, or amended by the State only by mutual agreement with the NPS.

3. The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly notify the State in writing of the determination and the reasons for the termination, together with the effective date.

Payments made to States or recoveries by the NPS under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties.

4. The Director or State may terminate grants in whole, or in part at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. The NPS may allow full credit to the State for the Federal share of the noncancelable obligations, properly incurred by the grantee prior to termination.

5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the State and the Director or that all funds provided by the NPS be returned.

F. Lobbying with Appropriated Funds
The State must certify, for the award of grants exceeding $100,000 in Federal assistance, that no Federally appropriated funds have been paid or will be paid, by or on behalf of the State, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding, extension, continuation, renewal, amendment, or modification of this grant. In compliance with Section 1352, title 31, U.S. Code, the State certifies, as follows:

The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,

34 amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, "Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

G. Provision of a Drug-Free Workplace
In compliance with the Drug-Free Workplace Act of 1988 (43 CFR Part 12, Subpart D), the State certifies, as follows:

The grantee certifies that it will or continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of a grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will:
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;

35 (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices.

Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted; (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).

The State must include with its application for assistance a specification of the site(s) for the performance of work to be done in connection with the grant.

H. Hold Harmless
The Grantee shall indemnify the State of California and its officer, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liability due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, Development, construction, operation, or maintenance of the Project.

I. Civil Rights Assurance
The State certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it will comply with all Federal laws relating to nondiscrimination. These laws include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of race, color, or national origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et. seq.), which prohibits discrimination on the basis of age; and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, handicap or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement.

THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that have not received or benefited from Federal financial assistance.

If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall

36 obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Department.

THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date.

The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United State shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and subrecipients and the person whose signature appears on the grant agreement and who is authorized to sign on behalf of the Applicant.

J. Debarment and Suspension
Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

The State further agrees that it will include the clause "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions" appearing below in any agreement entered into with lower tier participants in the implementation of this grant. Department of Interior Form 1954 (DI1954) may be used for this purpose.

37 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies, by submission of this application that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this application.

K. Build America, Buy America
As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program.

Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:

1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;

2. all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and

3. all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.

The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within

38 the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

For further information on the Buy America preference, please visit www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White House Made in America Office website: www.whitehouse.gov/omb/management/madeinamerica/.

Waivers
When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a waiver from these requirements, subject to review by the Made in America Office. The DOI may waive the application of the domestic content procurement preference in any case in which it is determined that one of the below circumstances applies:

1. Non-availability Waiver: the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality;

2. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent; or

3. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest.

There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver as described at:
www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers.

If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within the limitations defined within the waiver, the recipient is not required to request a separate waiver for non-domestic materials.

If a general applicability waiver does not already apply, and a recipient believes that one of the above circumstances applies to an award, a request to waive the application of the domestic content procurement preference may be submitted to the financial assistance awarding officer in writing. Waiver requests shall include the below information. The waiver shall not include any Privacy Act information, sensitive data, or proprietary information within their waiver request. Waiver requests will be posted to www.doi.gov/grants/buyamerica and are subject to public comment periods of no less than 15 days. Waiver requests will also be reviewed by the Made in America Office.

1. Type of waiver requested (non-availability, unreasonable cost, or public interest).

2. Requesting entity and Unique Entity Identifier (UEI) submitting the request.

3. Department of Interior Bureau or Office who issued the award.

4. Federal financial assistance listing name and number (reference block 2 on DOI Notice of Award)

39 5. Financial assistance title of project (reference block 8 on DOI Notice of Award).

6. Federal Award Identification Number (FAIN).

7. Federal funding amount (reference block 11.m. on DO Notice of Award).

8. Total cost of Infrastructure expenditures (includes federal and non-federal funds to the extent known).

9. Infrastructure project description(s) and location(s) (to the extent known).

10.List of iron or steel item(s), manufactured goods, and construction material(s) the recipient seeks to waive from Buy America requirements. Include the name, cost, countries of origin (if known), and relevant PSC or NAICS code for each.

11.A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor.

12.A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach) by the recipient, in an attempt to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America compliant bids received in response to a solicitation.

13.Anticipated impact if no waiver is issued. Approved waivers will be posted at www.doi.gov/grants/BuyAmerica/ApprovedWaivers; recipients requesting a waiver will be notified of their waiver request determination by an awarding officer.

Questions pertaining to waivers should be directed to the financial assistance awarding officer.

Definitions
“Construction materials” includes an article, material, or supply that is or consists primarily of:
• non-ferrous metals;
• plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass);
• lumber;
• or drywall.
“Construction Materials” does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. “Domestic content procurement preference’’ means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States.
“Infrastructure” includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband

40 infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy.
‘‘Project’’ means the construction, alteration, maintenance, or repair of infrastructure in the United States.

Definitions
Capitalized words and terms used in this procedural guide are defined below.

ACQUISITION – to obtain fee simple title of real property or a permanent easement, which gives permanent rights to use the property for the purposes of the GRANT SCOPE. A lease or rental is not considered ACQUISITION.

APPLICANT – an eligible entity which does not yet have an ENCUMBERED CONTRACT with DPR.

APPLICATION – the APPLICATION Form and attachments submitted by an APPLICANT to OGALS to request GRANT funding through a competitive process and to describe the proposed use of the GRANT as required by the “APPLICATION GUIDE for the Land & Water Conservation Program.”
APPLICATION GUIDE – the OGALS procedural guide that explains the requirements to propose a LWCF GRANT PROJECT. The current APPLICATION GUIDE can be found at the LWCF website.

AUTHORIZED REPRESENTATIVE – the APPLICANT’S/GRANTEE’S designated position authorized in the Resolution to sign all required GRANT documents. The AUTHORIZED REPRESENTATIVE may designate an alternate by informing OGALS in writing.

CEQA – the California Environmental Quality Act as stated in the Public Resources Code §21000 et seq.; Title 14 California Code of Regulations §15000 et seq. CEQA is a law establishing policies and procedures that require entities to identify, disclose to decision makers and the public, and attempt to lessen significant impacts to environmental and historical resources that may occur as a result of the entities’ proposed PROJECT. For more information refer to the CEQA website.

CONSTRUCTION COSTS – costs incurred when ground-breaking construction activities such as site preparation, grading, or gutting begins, and continuing to the end of the GRANT PERFORMANCE PERIOD.

CONTRACT – an agreement between the DPR and the GRANTEE specifying the performance of the GRANT SCOPE within the GRANT PERFORMANCE PERIOD, and other GRANT obligations between the GRANTEE and DPR.

CONVERSION – occurs when the LWCF assisted PROJECT within the LWCF BOUNDARY AREA MAP OF RECORD is wholly or in part converted to other than outdoor public recreation use.

DEPARTMENT OF THE INTERIOR – the Federal agency with oversight over the National Park Service.

DEVELOPMENT – the physical improvement of real property including the construction of facilities or structures and support amenities.

DPR – the California Department of Parks and Recreation.

ELIGIBLE COSTS – expenses incurred during the GRANT PERFORMANCE PERIOD to complete the GRANT SCOPE approved by OGALS through an ENCUMBERED CONTRACT. 41

ENCUMBERED – when the CONTRACT is signed by the AUTHORIZED REPRESENTATIVE and DPR. At this point the funds are designated by the State for the purpose of funding PROJECT related costs and the CONTRACT is fully executed between the GRANTEE and the DPR.

FULLY USABLE –
• For ACQUISITION PROJECTS means the property acquired with LWCF funds will be open and accessible for the public within three years of its being acquired by the GRANTEE. • For DEVELOPMENT PROJECTS means GRANT SCOPE is open and accessible for the public.

GRANT – funds made available to a GRANTEE for completion of the GRANT SCOPE during the GRANT PERFORMANCE PERIOD.

GRANT PERFORMANCE PERIOD – the period of time that GRANT SCOPE ELIGIBLE COSTS may be incurred, and the work described in the GRANT SCOPE must be completed, billed and paid by the State. The GRANT PERFORMANCE PERIOD begins when the CONTRACT is approved by the National Park Service and ends on the date specified in the CONTRACT.

GRANT SCOPE – the RECREATION FEATURES and MAJOR SUPPORT AMENITIES listed in the GRANT SCOPE/Cost Estimate Form that must be completed prior to final GRANT payment.

GRANTEE – an entity having an ENCUMBERED CONTRACT with DPR.

IN-HOUSE EMPLOYEE SERVICES – GRANTEE’s employees working on the PROJECT.

LWCF – the Land and Water Conservation Fund State Assistance Program was established by the LWCF Act of 1965 and is the federal funding source for MATCHING GRANTS to State and local governments for recreation planning, ACQUISITION or DEVELOPMENT.

LWCF BOUNDARY AREA MAP OF RECORD – serves as the map of record between NPS, OGALS, and GRANTEES that:
• Provides the agreed boundaries of the protected PARK site at the time of PROJECT approval pursuant to Title 54 U.S.C. §200301 et seq of the LWCF ACT and Title 36, Part 59 in the U.S. Code of Federal Regulations.
• Allows PROJECT inspectors to identify and evaluate the site and its compliance with post-completion PARK STEWARDSHIP standards.

When a LWCF PROJECT is completed, the land within the approved LWCF BOUNDARY AREA MAP OF RECORD is placed under federal protection to preserve the public’s outdoor recreational use of the site in PERPETUITY.

MAJOR SUPPORT AMENITY–

1. A parking lot, restroom building, or other non-recreational facilities intended to support RECREATION FEATURES at the PROJECT site.

2. An improvement to the appearance of the general PROJECT site such as landscaping when estimated to cost $50,000 or more.
42

MANUAL – NPS guidelines found in the LWCF State Assistance Program Federal Financial Assistance Manual, Volume 71. Effective Date: March 11, 2021 used to govern the LWCF program.

MATCH – amount required to make up the difference between the LWCF GRANT amount requested (the federal share) and the TOTAL PROJECT COST. The GRANTEE must submit ELIGIBLE COSTS to cover both the LWCF GRANT amount and MATCH (TOTAL PROJECT COST established at the time of APPLICATION) in order to be reimbursed the full LWCF GRANT amount.

MINOR SUPPORT AMENITY – a permanent single purpose stand-alone item that is not a FEATURE, such as a sign, bench, or drinking fountain estimated to cost less than $50,000.

NEW OUTDOOR RECREATIONAL OPPORTUNITY – development or construction of a new RECREATION FEATURE where non currently exists. Or renovate an existing RECREATION FEATURE that allows for expanded operation hours or additional recreational use beyond its original condition.

NPS – The National Park Service, the Federal agency that administers LWCF under the Secretary of the Department of the Interior.

OGALS – The California Department of Parks and Recreation, Office of Grants and Local Services.

PARK – land for the general public’s physical and social health that provides RECREATION FEATURES for outdoor or indoor athletic activities, cultural enrichment, nature appreciation, or other active or passive recreational activities, and which includes a portion of OPEN SPACE. Under this definition, a greenway or linear PARK is also a PARK. A school is not a PARK and a community center on land that does not include an adjacent portion of OPEN SPACE is not a PARK.

PERPETUITY – the required STEWARDSHIP of land for eternity within a LWCF BOUNDARY AREA MAP OF RECORD approved by the NPS. The LWCF Act at 54 U.S.C. §200301 et seq, 36 C.F.R. Part 59, and 2 C.F.R. §200.316 provide the requirements of the land to be used for outdoor public recreation in PERPETUITY. The land under obligation of is described by the LWCF BOUNDARY AREA MAP OF RECORD and all of the LWCF APPLICATION documents.

The LWCF Act at 54 U.S.C. 200305 (f) Payments (3) – No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation use. The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of the recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.

Wetland areas and interests therein as identrified in the wetlands provisions of the comprehensive plan and proposed to be acquired as suitable replacement property within the same State that is otherwise acceptable to the Secretary, acting through the Director, shall be deemed to be of reasonably equivalent usefulness with the property proposed for conversion.
43

PRE-AWARD PROJECT PLANNING COSTS – costs incurred prior to NPS’ PROJECT approval necessary for PROJECT preparation. Examples include site investigation and selection, site planning, feasibility studies, CEQA/NEPA environmental review, Section 106, and the A & R Form, preliminary design, preparation of cost estimates, construction drawings and specifications.

PROJECT – the FEATURES and MAJOR SUPPORT AMENITIES listed in the GRANT SCOPE/Cost Estimate Form.

PROJECT COMPLETION – when the FEATURES and MAJOR SUPPORT AMENITIES listed in the GRANT SCOPE /Cost Estimate Form are complete and the facilities are open and useable by the public.

PROJECT COMPLETION PACKET – The documents listed on page 23 that are required in order to request final GRANT payment following PROJECT COMPLETION.

PROJECT OFFICER – an OGALS employee who acts as a GRANT administration contact for APPLICANTS and GRANTEES.

RATE OF REIMBURSEMENT – The "RATE OF REIMBURSEMENT" is based on the percentage of the LWCF GRANT amount in relation to the TOTAL PROJECT COST established at the time of APPLICATION. This percentage will be reimbursed to the GRANTEE out of the TOTAL PROJECT COST when the ELIGIBLE COSTS are incurred and listed on the GRANT Expenditure Form submitted by a GRANTEE to OGALS.

RECREATION FEATURE – A facility or open space area for public recreation as defined in the LWCF APPLICATION GUIDE.

REIMBURSEMENT – GRANT payment made to the GRANTEE after the GRANTEE incurred costs by making a payment to a contractor or vendor.

STATEWIDE COMPREHENSIVE OUTDOOR RECREATION PLAN (SCORP) – a tool for statewide outdoor recreation leadership and action, which includes the State’s assessment and policy plan required by the LWCF ACT.

STEWARDSHIP – operation and maintenance requirements of property within the approved LWCF BOUNDARY AREA MAP OF RECORD established by NPS based on the LWCF ACT described in Chapter 8 of the MANUAL.

TOTAL PROJECT COST – the combined dollar amount of all funding sources used to complete the RECREATION FEATURES and MAJOR SUPPORT AMENITIES listed in the GRANT SCOPE/Cost Estimate Form.

WAIVER OF RETROACTIVITY – approval by NPS for the APPLICANT to incur costs, at the GRANTEE’s own risk, prior to NPS approval of the PROJECT and obligation of the funds.

See the LWCF APPLICATION GUIDE for more information.
44

RESOLUTION NO. 2025 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1)

APPROVING THE FILING OF AN APPLICATION FOR LAND AND WATER CONSERVATION

FUND GRANT FUNDS FROM THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND

RECREATION FOR THE PROPOSED LAS PALMAS LITTLE LEAGUE BALLFIELDS RESTORATION PROJECT; 2) AUTHORIZING THE CITY ENGINEER TO EXECUTE THE

GRANT APPLICATION, GRANT AGREEMENT AND SUBSEQUENT DOCUMENTS IF AWARDED; AND 3) COMMITTING TO PROVIDING A LOCAL MATCH.

WHEREAS, the ballfields at Las Palmas Park get consistent play throughout the year and are in need of major restoration to ensure a safe and accessible experience for players and fans, including restoration of both ballfields to improve drainage and performance, installation of permeable concrete walking paths for ADA compliance, slope stabilization and erosion control using retaining walls and planting vegetation, and replacement of the bleachers and outfield fencing (the “Project”); and
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes (the “LWCF Grant Program”); and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the LWCF Grant Program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and WHEREAS, City of National City (“City”) staff has identified an opportunity to apply for funding pursuant to the LWCF Grant Program which, if approved, will contribute up to 50% towards the cost of improvements for the Project; and
WHEREAS, the City certifies by this resolution the approval of the LWCF Grant Program application and the availability of eligible matching funds prior to submission of the application to the State.

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

Section 1: That the City Council hereby approves the filing of an application for Land and Water Conservation Fund assistance for the proposed Las Palmas Little League Ballfields Restoration project.

Section 2: That the City Council certifies that the City of National City has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide.

Section 3: That the City of National City agrees to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation use.

The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.” Section 4: That the City Council certifies that the City of National City has matching funds in the adopted Fiscal Year 2026 Capital Improvement Program Fund and can finance 100 percent of the project, which up to half may be reimbursed.

Section 5: That the City of National City agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

Section 6: That the City Council hereby appoints the City Engineer as agent of the City of National City to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project.

Section 7: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 19th day of August, 2025.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: City Manager's Office
Prepared by: Pedro Garcia, Economic Development Manager Meeting Date: Tuesday, August 19, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:

National City Chamber of Commerce Economic Development Agreement – FY 26 RECOMMENDATION:

Adopt the Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute an Agreement between the City of National City and the National City Chamber of Commerce for a Not-to-Exceed Amount of $50,000 to Assist in Economic Development Services.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The National City Chamber of Commerce has a longstanding history of supporting the local business community, representing over 600 businesses and serving as the City's largest civic organization. Over the years, the Chamber has worked in partnership with the City to provide programs that support the economic vitality of National City.

As part of the adopted FY26 budget, $50,000 has been allocated for continued economic development services by the Chamber. The agreement outlines key initiatives aimed at promoting local businesses, strengthening targeted industries, and enhancing workforce connections.

The updated Scope of Work (Exhibit A) includes the following deliverables:
 Weekly business visits throughout National City
 Monthly reporting on business feedback and issues
 Hosting four marketing and operations workshops focused on small businesses  Promotion of local restaurants via the “Delish National City” campaign and social media  Maintenance and expansion of the “Discover National City” website with new business listings and blogs
 Maintenance of a local job board to improve resident access to nearby employment opportunities
 Organization and execution of:
o A Breezy 5K community run/walk event in Spring 2026
o A new Automotive Festival and Expo highlighting the City’s auto industry Additionally, the agreement supports Chamber-led events through $10,000 in City sponsorships across a series of civic and business-focused events, including the Salute to Navy Luncheon, Annual Job Fair, and the Installation Dinner and Awards.

FINANCIAL STATEMENT:

Funds will be expended from General Fund account 100-10-13-13500-7650- (Economic Development -Agency Contributions).

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable
ENVIRONMENTAL REVIEW:

This is not a project under CEQA, and is therefore, not subject to environmental review.

CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Agreement
Exhibit B – Scope of Services
Exhibit C – Resolution

AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

NATIONAL CITY CHAMBER OF COMMERCE
THIS AGREEMENT is entered into on this 19th day of August, 2025, by and between the CITY OF NATIONAL CITY, a municipal corporation (the “CITY”), and NATIONAL CITY CHAMBER OF COMMERCE, a non-profit (the “CONSULTANT”).

R E C I T A L S
WHEREAS, the CITY desires to employ a CONSULTANT to provide economic development services for businesses in the City of National City, California.

WHEREAS, the CITY has determined that the CONSULTANT is a non-profit organization and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:

1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide economic development services for businesses located in the City of National City, California, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein.

The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT.

2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on August 19, 2025. The duration of this Agreement is for the period of August 5, 2025 through June 30, 2026. Completion dates or time durations for specific portions of the project are set forth in Exhibit “A”. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager’s Office.

3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit “A”.

The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit “A” to keep staff and City Council advised on the progress of the project.

The CITY may unilaterally, or upon request from the CONSULTANT, from time to time, reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith

Standard Agreement Page 2 of 12 City of National City and Revised February 2023 National City Chamer of Commerce
and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services.

4. PROJECT COORDINATION AND SUPERVISION. City Manager’s Office hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. National City Chamber of Commerce thereby is designated as the Project Director for the CONSULTANT.

5. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked, and materials, if any. The total cost for all work described in Exhibit “A” shall not exceed $50,000. The compensation for the CONSULTANT’S work shall not exceed the rates set forth in Exhibit “A”. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit “A”, as determined by the CITY.

The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested.

6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due.

In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT.

7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement.

Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY’S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer.

Standard Agreement Page 3 of 12 City of National City and Revised February 2023 National City Chamer of Commerce
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT’S written work product for the CITY’S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works.

Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed.

8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT’S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY’S employees, including but not limited to retirement, medical, unemployment, or workers’ compensation insurance.

This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT’S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY.

Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement.

9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT’S employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT’S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY, and CONSULTANT’S obligations to the CITY are solely prescribed by this Agreement.

10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement.

11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants

Standard Agreement Page 4 of 12 City of National City and Revised February 2023 National City Chamer of Commerce
that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession.

12. STANDARD OF CARE.

A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT’S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT’S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site.

B. Unless disclosed in writing before the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration, or litigation proceedings concerning the CONSULTANT’S professional performance or the furnishing of materials or services relating thereto.

C. The CONSULTANT is responsible for identifying any unique products, treatments, processes, or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub-section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY’S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time.

13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

14. CONFIDENTIAL INFORMATION. The CITY may, from time to time, communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any

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part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15.

15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys’ fees, and defense costs, of any kind or nature, including workers’ compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT’S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney.

The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement.

16. EMPLOYEE PAYMENTS AND INDEMNIFICATION.

16.1 PERS Eligibility Indemnification. If CONTRACTOR’s employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY.

CONTRACTOR’S employees providing service under this Agreement shall not:
(1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR’s employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary.

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16.2 Limitation of CITY Liability. The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR’s officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers’ compensation insurance on behalf of CONTRACTOR.

16.3 Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers’ compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement.

17. WORKERS’ COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers’ Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney’s fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement.

18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies:

A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence.

B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non-owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided.

C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this “project” or “location”. The “project” or “location” should be noted with specificity on an endorsement that shall be incorporated into the policy.

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D. Workers’ Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT’S employees and employers’ liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement.

If CONSULTANT has no employees subject to the California Workers’ Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY.

E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY’s Risk Manager, at the address listed in subsection G below, of cancellation or material change.

F. If required insurance coverage is provided on a “claims made” rather than “occurrence” form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the “retro” date must be on or before the date of this Agreement.

G. The Certificate Holder for all policies of insurance required by this Section shall be:

City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder’s alphabetic and financial size category rating of not less than A: VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the CITY’S Risk Manager. In the event coverage is provided by nonadmitted “surplus lines” carriers, they must be included on the most recent List of Approved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.

I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY’S Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein.

J. All deductibles and self-insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out-of-court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys’ fees.

For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney’s fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney’s fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney’s fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney’s fees incurred by the prevailing party.

20. TERMINATION.

A. This Agreement may be terminated with or without cause by the CITY.

Termination without cause shall be effective only upon 60-day’s written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement.

B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY.

C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein.

D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT’S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7.

E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT.

21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally

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delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons:

To CITY: Scott Huth
Interim City Manager
Office of the City Manager
City of National City
1243 National City Boulevard
National City, CA 91950-4397
To CONSULTANT:

Karen Azhocar McManus
Chair
National City Chamber of Commerce
City Of National City
901 National City Boulevard
National City, CA 91950-4397
Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within fortyeight (48) hours by letter mailed or delivered as specified in this Section.

22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY.

If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code.

Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk

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of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk.

The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT.

23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations.

24. ADMINISTRATIVE PROVISIONS.

A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday.

B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument.

C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.

D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.

E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control.

F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto.

G. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY.

H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.

I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California.

J. Audit. If this Agreement exceeds ten-thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7.

K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the

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parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.

L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.

M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement.

N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party’s counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written.

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CITY OF NATIONAL CITY
By: ____________________________
Ron Morrison, Mayor
APPROVED AS TO FORM:

By: ____________________________
Barry J. Schultz,
City Attorney
INSERT CO’S NAME IN BOLD, ALL CAPS
(Corporation – signatures of two corporate officers required) (Partnership or Sole proprietorship – one signature)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)

Exhibit A
Scope of Work for City Grant of $50,000.00
This is a proposal for the scope of work for the City’s support for the National City Chamber of Commerce.

These are all economic development tasks whose primary goal is to attract more business from outside the City of National City, to help local businesses grow and improve the economic opportunities for local residents.
1) Weekly Business Visits in National City. The aim of this program is to have a permanent schedule of visits to businesses in National City, with the goal of learning about the nature of the business and what services they need and what challenges they are facing.

Goal: Increase Business Visits and support
Deliverable: Visit 4 businesses every week, completing the attached survey for each business.

The Chamber will share with the city the survey responses at the end of the month and a list of businesses visited in every district in National City.
2) Marketing and operations workshops for Local Businesses (Yelp, Social Media and Google) to educate and empower our local businesses to market their businesses in the new era of social media marketing. New Restaurant Committee logo created to promote restaurants – D’Lish National City.

Goal: Increase Social media presence of local businesses.

Deliverable: Host a minimum of 4 Social media marketing workshops available to all businesses.

Workshops:

July 31 – Julio Carrasco – Bookkeeping and Tax Planning September 24 – Deepti Kurup – Cyber security for small businesses October 28 – Issybeth Rodriguez – Live well SD – Workplace safety and growth for small businesses
November 21 - TBA
3) National City Chamber of Commerce Restaurant Committee – New Chaber initiative The goal of this committee is to increase the visits and sales for all the restaurants in National City. The City has over 200 restaurants and most of them are small family-owned restaurants

Exhibit A
with little knowledge and experience in managing a business and marketing. We intend to do for the restaurants in National City what they cannot do for themselves.

The mission of the National City Restaurant Committee is to support, promote, and strengthen the local restaurant industry by fostering collaboration, driving economic growth, and enhancing the dining experience in the community. This is especially important for the small family owned businesses with no business training or marketing knowledge. Marketing National City as a food destination with its own branding and pages on Social media and using existing marketing channels to promote NC as a food destination. Making restaurants compliant is also a goal of this committee.

We have created this committee of 15 committee members, that include restaurant owners and have had our first 3 meetings. A marketing sub-committee has been established to plan and manage the marketing component of this committee.

A new brand and logo has been created and a new Instagram page has been created to promote the restaurants in National City.

Deliverables:
1) 2 Restaurants will be highlighted and promoted every month for 30 days 2) Branding and promotion of National City as a food destination – using Delish National City as the name of the campaign and with the tag line “Flavors Without Borders” 4) Maintenance and improvement of the website “Discover National City” to be used as a promotional tool to bring more businesses to National City. By adding a minimum of 3 new Businesses every week to this website, community and city events, attractions, and blogs. This website will discover the many options for shopping and entertainment available in National City, especially people outside the city, bringing new business to these businesses. * We will prepare a list of the businesses that have been added every month, covering all the districts in National City. This is an ongoing task with no ending date.

Goal: Increase traffic to the website by 30% by the end of the 12 months Deliverable: An updated and robust website including events happening in the City and links to select local businesses’ videos.

We will use this website as an important component for the promotional efforts of the Restaurant Committee
5) Maintaining a listing of jobs available in National City on the NC Chamber of Commerce website. The goal is to help local residents have access to jobs available in their own community, saving them transportation costs and easier access to good jobs. Goal: Updated Job Openings on a monthly basis.

Exhibit A
Deliverable: to keep the list updated and have a minimum of 100 local jobs listed at any given time. This is an ongoing task. We can print out the monthly list of job offers at the end of the month. 6) National City Chamber / Latinas a Correr 5K in National City - New Chamber initiative We are in the process of putting together a 5K Run /Walk for Soring 2026 in National City. Due to the nature of this event, we are partnering with an organization that has experience in organizing and managing an event like this. This will be a fundraising event for both the Non -Profit and the Chamber of Commerce.

The positive effect of this event, is that this would be the first 5K in National City, highlighting healthy living, community engagement and this will bring very strong promotion of the City of National City in the region.

Deliverable: A 5K run that would have 500 runners in attendance , 30 local business vendors booths at the end, food from local restaurants.
7) National City Chamber Auto Festival and Expo 2026
We are also in the planning stages of a new Auto Festival and Expo that will focus on highlighting the Auto Industry in National City. The Mile of Cars Association will be part of this event, and we are considering Pepper Park as a possible venue for the event. The Port of San Diego is being contacted to verify dates and details for having the event there.

National City’s Auto heritage is very important and the focus of this event is to highlight what National City offers through all its automotive businesses and providers.

Deliverable: An Automobile festival whose purpose is to promote local automotive businesses, dealerships to continue to promote the Automotive businesses in National City. Potentially have 75 vehicles in exhibition, 40 booths for local Automotive vendors, food vendors , et. Goal is to have over 3,000 visitors to this event.

We will prepare a monthly report on each of these items so that the city can know the progress and impact that these activities have on businesses and the local community.

The National City Chamber of Commerce will issue a monthly invoice to the City for $3,200.00 for 11 months and a final one of $4,800.00 to round up the total to complete the $40,000.00. In this way, the City would know the progress on a monthly basis for these tasks.

Exhibit A
The City would also sponsor Chamber events for a total of $10,000.00 for the year based on the attached sponsorship proposal.
1) Annual National City Chamber of Commerce Job Fair – September 2025 Title Sponsor $ 1,000.00 2) NC Chamber Salute to Navy Luncheon – October 2025 Captain’s Package $1,500.00 3) Annual Installation Dinner and Awards Ceremony – February 2025 Ceremonial Sponsor $ 2,000.00 4) Chamber Quarterly Breakfasts – February – June – August – November $1,000.00 for 4 breakfast ($250.00 each)
5) NC Automotive Festival and Expo – Fall 2026 - $1,500.00 6) Breezy NC 5K Walk / Run – April 2026 - $1,500.00
7) Annual Chamber Golf Tournament – May 2026 - $1,500.00

RESOLUTION NO. 2025 -

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

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY CHAMBER OF COMMERCE FOR A NOT-TOEXCEED AMOUNT OF $50,000 TO ASSIST IN ECONOMIC DEVELOPMENT SERVICES WHEREAS, the National City Chamber of Commerce has been supporting the National City business community for over 100 years with support from over 600 National City businesses; and
WHEREAS, the City of National City for many years has supported the National City Chamber of Commerce through shared goals of supporting our business community; and WHEREAS, on June 17, 2025, the City Council adopted the Fiscal Year 2026 budget, allocating $50,000 for the National City Chamber of Commerce to be used for economic development services; and
WHEREAS, the National City Chamber of Commerce will assist the City with economic development services in the National City business community through workforce development, small business support, business visits, and tourism; and WHEREAS, City staff recommends that the City Council authorize the Mayor to execute an agreement between the City of National City and the National City Chamber of Commerce for a not-to-exceed amount of $50,000 for economic development services.

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

Section 1: Authorizes the Mayor to execute an agreement between the City of National City and the National City Chamber of Commerce for a not-to-exceed amount of $50,000 for economic development services.

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

PASSED and ADOPTED this 19th day of August, 2025.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT
Department: Planning
Prepared by: Sophia Depew, Assistant Planner
Meeting Date: Tuesday, August 19, 2025
Approved by: Scott W. Huth, Interim City Manager
SUBJECT:

Notice of Decision – Planning Commission Approval of a Coastal Development Permit and Conditional Use Permit (CUP) for On-Site Beer and Wine Sales, and Live Entertainment at an Existing Restaurant (La Malquerida by Dolche) Located at 1524 McKinley Avenue.

RECOMMENDATION:

Staff Recommends Approval of the Request for On-Site Beer and Wine Sales and Live Entertainment, Subject to the Recommended Conditions in the Attached Planning Commission Resolution No. 2025-07, and a Determination that the Project is Exempt from CEQA. The Sale of Alcohol and Live Entertainment are Conditionally-Allowed Uses in the Medium Manufacturing Zone and Would be Accessory to Food Sales at the Restaurant.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

On July 21, 2025, the Planning Commission recommended approval of the CUP by a unanimous vote of those present. The motion recommended approval of the item with modified conditions of approval related to hours of operation:

The sale of alcoholic beverages shall only be permitted between the hours of 8:00 a.m. to 10:00 p.m. daily. Indoor live entertainment shall only be permitted between the hours of 10:00 a.m. to 11:30 p.m. daily. Outdoor live entertainment shall only be permitted between the hours of 10:00 to 10:00 p.m. daily.

Ayes: Armenta, Castle, Miller, Sanchez, Quinones Absent: Valenzuela EXPLANATION:

The operator of La Malquerida by Dolche restaurant has applied for a California Department of Alcoholic Beverage Control (ABC) Type 41 license to offer on-site beer and wine sales. The applicant initially proposed alcohol sales from 8:00 a.m. to midnight daily. The applicant also requested live entertainment indoors from 8:00 a.m. to 11:30 p.m. and outdoors from 8:00 a.m. to 10:00 p.m. daily.

The Planning Commission conducted a public hearing on July 21, 2025, and voted to recommend approval of the request with amended hours as stated above, based on the findings and recommended Conditions of Approval in the resolution. The attached Planning Commission staff report describes the proposal in detail.

FINANCIAL STATEMENT:

An application fee of $3,700 was paid with the submittal of the subject CUP. Fees are anticipated to cover the cost of staff review time and processing of the permit.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Balanced Budget and Economic Development
ENVIRONMENTAL REVIEW:

This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c).

PUBLIC NOTIFICATION:

The Agenda Report was posted at least 72 hours before the meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable
EXHIBITS:

Exhibit A – Planning Commission Staff Report with attachments Exhibit B – 7/21/2025 Planning Commission PowerPoint slides

Item no. 5
July 21, 2025

COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950

PLANNING COMMISSION STAFF REPORT
Title: PUBLIC HEARING – DETERMINATION THAT THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION
15301 (EXISTING FACILITIES), FOR A COASTAL

DEVELOPMENT PERMIT AND CONDITIONAL USE
PERMIT FOR BEER AND WINE SALES (ABC TYPE-41)

AND LIVE ENTERTAINMENT AT AN EXISTING

RESTAURANT (LA MALQUERIDA BY DOLCHE) LOCATED
AT 1524 MCKINLEY AVENUE IN THE COASTAL ZONE.

Case File No.: 2025-12 CUP CDP
Location: North end of McKinley Avenue near West 14th Street Assessor’s Parcel Nos.: 557-055-08
Staff report by: Sophia Depew, Assistant Planner
Applicant: Elena Gallardo
Zoning designation: Medium Manufacturing/Coastal Zone (MM/CZ) Adjacent use and zoning:

North: Industrial, Residential / MM-CZ
East: Interstate 5
South: Industrial / MM-CZ
West: Industrial / MM-CZ
Environmental review: Categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities)
Staff recommendation: Approve

Planning Commission
Meeting of July 21, 2025

Staff Recommendation
Staff recommends approval of the request for on-site beer and wine sales and live entertainment, subject to the recommended conditions in the attached resolution and a determination that the project is exempt from CEQA. The sale of alcohol and live entertainment are conditionally-allowed uses in the Medium Manufacturing zone and would be accessory to food sales at the restaurant.

Executive Summary
The operator of La Malquerida by Dolche restaurant has applied for a California Department of Alcoholic Beverage Control (ABC) Type 41 license to offer on-site beer and wine sales. The applicant is proposing alcohol sales from 8:00 a.m. to midnight daily. The applicant is also requesting live entertainment indoors from 8:00 a.m. to 11:30 p.m. and outdoors from 8:00 a.m. to 10:00 p.m. daily.

Site Characteristics
The 2,500 square foot property is located on the northwest end of McKinley Avenue between West 14th and West 18th Street. The property is zoned Medium Manufacturing (MM) and is located within the City’s Coastal Zone (typically the area west of Interstate 5). The zoning map indicates the lot as Medium Industrial (IM). However, the most recent comprehensive Land Use Code Update (2011) is not yet active in the Coastal Zone. Therefore, the City’s previous zoning (MM) would apply.

The restaurant is approximately 1,400 square feet, with a 700 square-foot outdoor patio and seating in the back. The applicant is proposing live entertainment on the outside patio. The outdoor patio is surrounded on all sides by walls and fences. The building is situated between two industrial businesses, Handy Metal Mart and Walashek Industrial. The surrounding area is almost entirely industrial, except for one residential use two properties to the north. All of the properties in the vicinity of the restaurant are zoned Medium Manufacturing.

Proposed Use
The applicant is proposing beer and wine sales (ABC Type-41) and live entertainment at the restaurant. Proposed hours for alcohol sales are from 8:00 a.m. to midnight daily. Proposed hours for live entertainment are indoors from 8:00 a.m. to 11:30 p.m. and outdoors from 8:00 a.m. to 10:00 p.m. daily.

Analysis
Section 18.30.050 of the Land Use Code allows for on-site alcohol sales and live entertainment with an approved Conditional Use Permit (CUP). Additional

Planning Commission
Meeting of July 21, 2025

requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. City Council Policy 707 also regulates alcohol sales in the city.

Hours of Operation
La Malquerida by Dolche is proposing to sell beer and wine from 8:00 a.m. to midnight daily. They are also proposing live entertainment (DJs, bands, guitarist, mariachi, etc.) indoors from 8:00 a.m. to 11:30 p.m. and outdoors from 8:00 a.m. to 10:00 p.m. daily.

The site, previously known as Westside Story, had an approved CUP in 2018 to sell beer and wine and have live entertainment from 10:00 a.m. to 10:00 p.m. daily. The use has since been discontinued.

Restaurants with on-site alcohol sales and live entertainment have been approved with varying hours throughout the city. Most recently, Mariscos El Tiburon (543 Highland Avenue) was approved for alcohol sales from 9:00 a.m. to 10:00 p.m. Sunday through Thursday and 9:00 a.m. to 11:00 p.m. Friday through Saturday and live entertainment was approved from 4:00 p.m. to 10:00 p.m.

Friday & Saturday and 4:00 p.m. to 9:00 p.m. Sunday. This business was located in a more residential area than the subject restaurant, La Malquerida by Dolche.

In 2024, Mariscos La Capital was approved for alcohol sales from 8:00 a.m. to 11:30 p.m. daily, although the restaurant did not include live entertainment. In 2023, Friends of Friends (127 E 8th St,) was approved for on-site alcohol sales from 6:00 a.m. to 1:00 a.m. and live entertainment from 12:00 p.m. to 10:00 p.m.

Sunday through Thursday and 12:00 p.m. to 11:30 p.m. Friday through Saturday.

Similarly, in 2022, Market on 8th was approved for on-site alcohol sales until 1:00 a.m. daily and live entertainment until 11:30 p.m. on weekends. The approval for Market on 8th included live entertainment on the outdoor patio until 9:00 p.m. on weekends.

Based on the recently approved hours for restaurants with alcohol sales and live entertainment and the location of the restaurant, staff is recommending modified hours for live entertainment. The hours for live entertainment proposed by the applicant are indoors from 8:00 a.m. to 11:30 p.m. and outdoors from 8:00 a.m. to 10:00 p.m. daily; However, staff is recommending indoor live entertainment from 10:00 a.m. to 11:30 p.m. and outdoor live entertainment from 10:00 a.m. to 10:00 p.m. in accordance with the noise ordinance. Proposed hours for alcohol

Planning Commission
Meeting of July 21, 2025

sales are from 8:00 a.m. to midnight daily. These hours are consistent with previous approvals and the location of the restaurant. It should be noted that a Type 41 ABC license (On Sale Beer & Wine – Eating Place) requires that alcohol sales not exceed food sales. In addition, City Council 707 requires that alcohol must be purchased with food.

Concerns related to live entertainment usually involve noise impacts to surrounding non-commercial uses. While the subject property is in a primarily industrial area, conditions are included to address noise. Conditions include compliance with the limitations contained in Title 12 (Noise) of the Municipal Code and specified hours of operation.

Mailing – All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol-related CUP applications.

Notice of this public hearing was sent to 55 occupants and owners. No public comment has been received as of the writing this report.

Community Meeting - Pursuant to Section 18.30.050 (C) of the National City Zoning Code, a community meeting was held Thursday, May 8 th
, 2025 at 6:00
p.m. at the subject restaurant. The meeting advertisement is attached (Attachment 8); No community members attended the meeting.

Distance Requirements - Chapter 18.030.050 (D) of the National City Zoning Code requires a 660-foot distance from any public school; there are no schools within 660 feet of the site. In addition, restaurants with greater than 30% of their area devoted to seating are exempt from this distance requirement. The property in question has approximately half of its floor area devoted to seating.

Coastal Zone
As previously noted, the business location is within the Coastal Zone. Under normal (non-discretionary permit) circumstances, no Coastal Development Permit (CDP) would be required. However, the need for a discretionary approval in this case (CUP) also triggers a CDP. The only difference with this application would be the need for an additional finding related to consistency with the Local Coastal Plan, which is included with the attached Resolution (Attachment 1).

Alcohol Sales Concentration/Location
According to the California Department of Alcoholic Beverage Control (ABC), there are 17 on-site licenses in census tract 219, where a maximum of three are

Planning Commission
Meeting of July 21, 2025

recommended. Therefore, the census tract is considered to be overconcentrated by ABC with regard to on-site alcohol sales outlets. Census Tract 219 is the area west of National City Boulevard from Division Street to the southern City boundary. The site was previously approved for an on-site license.

Police Department (PD)
The ABC Risk Assessment provided by PD allocated a total of 15 points, which places it in the Medium Risk category (Medium Risk is considered 13-18 points).

The Risk Assessment is included as Attachment 6. The assessment indicted a concern related to lighting. A condition has been added to address the comment.

Institute for Public Strategies
Comments were received from IPS with the following considerations:

1. Require that staff and management attend an in-person LEAD training or an in-person Responsible Beverage Sales and Service training from an ABC-authorized provider. In-person trainings offer interactive and handson learning which are recommended over online trainings.

2. To prevent the establishment from transforming into a night club, which could increase crime and nuisance problems, require that the restaurant always provide breakfast, lunch, and dinner through 12:00 a.m. daily.

3. Require that the establishment must submit receipts as evidence of food sales offered along with alcohol before annual renewal of license.

Standard conditions of approval are included in the report in compliance with City Council Policy 707. IPS comments are included as Attachment 7. Conditions of approval are included that restrict the hours of alcohol sales and live entertainment.

Findings for Approval
The following are the required findings in the attached draft resolution:

1. Size and Shape: The site for the proposed use is adequate in size and shape, because there will be no physical change to the existing business as a result of this approval that would expand the current use beyond its current capacity. Alcohol sales and live entertainment would be incidental the primary use of food service

Planning Commission
Meeting of July 21, 2025

2. Access: The site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use, because there will be no physical change to the existing business as a result of this approval that would impact adjacent streets. The proposal involves an existing commercial space and no expansion of the building is proposed.

3. No Adverse Effects: The proposed use will not have an adverse effect upon adjacent or abutting properties, because the project is a use consistent with the Medium Manufacturing (MM) zone and the proposed use will be subject to conditions that limit the sale of alcohol and live entertainment.

Beer and wine will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive RBSS training. Live entertainment will be limited to acceptable hours and to levels of noise that will not disturb surrounding residential uses.

4. Public Convenience and Necessity: The proposed use is deemed essential and desirable to the public convenience or welfare, because the restaurant, a permitted use in the Medium Manufacturing zone, will benefit from the extended sale of alcohol and live entertainment by providing for a wider diversity of businesses that add charm to the area.

5. Local Coastal Program: The granting of this Conditional Use Permit is consistent with and implements the Certified Local Coastal Program, because the project is located within an area generally exempt from a Coastal Development Permit; involves a service use, which is conditionally allowed in the MM-CZ zone; and will not prohibit coastal access or obstruct views.

6. California Environmental Quality Act (CEQA): The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial building, and the restaurant is an allowed use in the Medium Manufacturing zone.

Findings for Denial

Planning Commission
Meeting of July 21, 2025

The following are findings for denial:

1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the addition of on-site alcohol sales and live entertainment may increase the propensity for overconsumption of alcohol and increase the potential for impacts to the surrounding area.

2. The proposed use is not deemed essential to the public necessity, as there are already 17 other outlets in the same census tract that serve alcohol.

3. Based on the above findings, public convenience and necessity will not be served by a proposed use of the property for on-site sale of alcoholic beverages and live entertainment pursuant to law.

Conditions of Approval
Standard Conditions of Approval have been included with this permit as well as conditions specific to on-site alcohol sales per Council Policy 707 (hours of operation, employee training, and accessory sales, etc.). Conditions related to live entertainment have been included as well.

Summary
The proposed use is consistent with the General Plan due to alcohol sales for onsite consumption and live entertainment being conditionally-allowed uses in Medium Manufacturing zone; alcohol sales and live entertainment will be accessory to the existing restaurant use in an established industrial area; beer and wine will only be available with the sale of food; the census tract in which the restaurant is located is considered over-concentrated with regard to on-sale alcohol licenses; and the Police Department has classified the establishment as Medium Risk.

Options

1. Find the project exempt from CEQA under Class 1 of the CEQA Guidelines Section 15301 or other exemption and approve 2025-12 CUP CDP, subject to the conditions included in the Resolution, or other conditions, and based on the findings included in the Resolution, or other findings to be determined by the Planning Commission; or,

Planning Commission
Meeting of July 21, 2025

2. Find the project not exempt from CEQA and/or deny 2025-12 CUP CPD based on the attached findings or findings to be determined by the Planning Commission; or,

3. Continue the item to a specific date in order to obtain additional information.

Attachments

1. Draft Resolution

2. Overhead

3. Applicant's Plans (Exhibit A, Case File No. 2025-12 CUP CDP, dated 05/06/2025)

4. Public Hearing Notice (Sent to 55 property owners & occupants)

5. Census Tract & Police Beat Maps

6. Police Department Comments

7. Institute for Public Strategies Comments

8. Community Meeting Information

ATTACHMENT 1
RESOLUTION NO. 2025-07

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF NATIONAL CITY, CALIFORNIA DETERMINING THAT THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) FOR A COASTAL

DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT FOR BEER AND WINE SALES (ABC TYPE-41) AND LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT (LA MALQUERIDA BY DOLCHE) LOCATED AT 1524 MCKINLEY AVENUE IN THE COASTAL ZONE.

CASE FILE NO. 2025-12 CUP CDP
APN: 557-055-08
WHEREAS, the Planning Commission of the City of National City considered a Coastal Development Permit and Conditional Use Permit for on-site beer and wine sales and live entertainment at an existing restaurant (La Malquerida by Dolche) located at 1524 McKinley Avenue. At a duly advertised public hearing held on July 21, 2025, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2025-12 CUP CDP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on July 21, 2025, support the following findings:

1. That the site for the proposed use is adequate in size and shape, because there will be no physical change to the existing business as a result of this approval that would expand the current use beyond its current capacity. Alcohol sales and live entertainment would be incidental the primary use of food service.

2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use, because there will be no physical change to the existing business as a result of this approval that would impact adjacent streets. The proposal involves an existing commercial space and no expansion of the building is proposed.

3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, because the project is a use consistent with the Medium Manufacturing (MM) zone and the proposed use will be subject to conditions that limit the sale of alcohol and live entertainment. Beer and wine will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive RBSS training. Live entertainment will be limited to acceptable hours and to levels of noise that will not disturb surrounding residential uses.

4. That the proposed use is deemed essential and desirable to the public convenience or welfare, because the restaurant, a permitted use in the Medium Manufacturing zone, will benefit from the extended sale of alcohol and live entertainment by providing for a wider diversity of businesses that add charm to the area.

5. That the granting of this Conditional Use Permit is consistent with and implements the Certified Local Coastal Program, because the project is located within an area generally exempt from a Coastal Development Permit; involves a service use, which is conditionally allowed in the MM-CZ zone; and will not prohibit coastal access or obstruct views.

6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial building and the restaurant is a permitted use in the Medium Manufacturing zone.

7. Based on findings 1 through 6 above, public convenience and necessity will be served by a proposed use of the property for on-site sales of alcoholic beverages and live entertainment in accordance with applicable law and the recommended conditions. The use, as proposed and conditioned, will operate in harmony with surrounding uses, will not cause a nuisance, and will benefit the community looking for a quality restaurant experience.

BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions:

General

1. This Conditional Use Permit authorizes the sale of beer and wine for on-site consumption and live entertainment at an existing restaurant (La Malquerida by

Dolche) located at 1524 McKinley Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2025-12 CUP CDP, dated 05/06/2025.

2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit.

The applicant or owner shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant or owner shall pay necessary recording fees to the County.

The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation.

3. This permit shall become null and void at such time as there is no longer a Type 41 California Department of Alcoholic Beverage Control license associated with the property.

4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code.

5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time.

6. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval or applicable law.

7. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department.

Planning

8. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make

available a domestic violence training session as provided by the Institute of Public Strategies.

9. The sale of alcoholic beverages shall only be permitted between the hours of 8:00 a.m. and 10:00 p.m. daily.

10.Indoor live entertainment shall only be permitted between the hours of 10:00 a.m. to 11:30 p.m. daily.

11.Outdoor live entertainment shall only be permitted between the hours of 10:00 to 10:00 p.m. daily.

12.The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by the Planning Manager or designee or other employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential.

13.Alcohol shall be available only in conjunction with the purchase of food.

14.The restaurant shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages mut be consumed inside the restaurant or patio and may not be taken off-premises.

15.The sale of alcoholic beverages for off-site consumption is not permitted at this location.

16.Live entertainment shall be conducted as an accessory use to the restaurant for the enjoyment of its customers. No advertisement promoting a particular performer or event shall be distributed outside the restaurant.

17.All entry and exit doors, including windows, shall remain closed during inside live entertainment activities.

18.All activities shall comply with the noise limits contained in Table III of Title 12 of the National City Municipal Code.

19.The occupancy of the building, inclusive of patrons, staff, and entertainers, shall not exceed the occupancy load determined by the Building Division.

20.Outdoor areas, including the front of the building, shall be well lit so as to provide safe pedestrian access and to eliminate dark areas.

21.The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.

Police

22.The permittee shall comply with all applicable law, including, but not limited to the regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages.

Indemnification Agreement
The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.

BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council.

BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing.

CERTIFICATION:

This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 21, 2025, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN: ________________________

CHAIRPERSON

RESOLUTION NO. 2025-07

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF NATIONAL CITY, CALIFORNIA

DENYING A COASTAL DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT FOR BEER AND WINE SALES (ABC TYPE-41) AND LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT (LA MALQUERIDA BY DOLCHE) LOCATED AT 1524 MCKINLEY AVENUE IN THE COASTAL ZONE.

CASE FILE NO. 2025-12 CUP CDP
APN: 557-055-08
WHEREAS, the Planning Commission of the City of National City considered a Coastal Development Permit and Conditional Use Permit for on-site beer and wine sales and live entertainment at an existing restaurant (La Malquerida by Dolche) located at 1524 McKinley Avenue. At a duly advertised public hearing held on July 21, 2025, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2025-12 CUP CDP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on July 21, 2025, support the following findings:

1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the addition of on-site alcohol sales and live entertainment may increase the propensity for over-consumption of alcohol and increase the potential for impacts to the surrounding area.

2. The proposed use is not deemed essential to the public necessity, as there are already 17 other outlets in the same census tract that serve alcohol.

3. Based on the above finding, public convenience and necessity will not be served by a proposed use of the property for live entertainment and the on-site sale of alcoholic beverages pursuant to law.

BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council.

BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing.

CERTIFICATION:

This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 21, 2025, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN: ________________________

CHAIRPERSON

ATTACHMENT 2
2025-12 CUP CDP – 1524 McKinley Avenue – Overhead
N

TITLE SHEET

MARIMAR
1524 McKinley Ave.

San Diego CA.91950
PLAN FILE NUMBER_
A________
DATE_
JOB NUMBER_
005 _MCKINLEY DRAWN
BY_
SHEET NAME + No._
REVISIONS_

04.02.2025

VICINITY MAP

SCOPE OF WORK

DEVELOPMENT SUMMARY
____
INDEX
LEGEND

BUILDING CODE DATA
ATTACHMENT 3

FLOOR PLAN

MARIMAR
1524 McKinley Ave.

San Diego CA.91950
PLAN FILE NUMBER_
A________
DATE_
JOB NUMBER_
005 _MCKINLEY DRAWN
BY_
SHEET NAME + No._
REVISIONS_

04.02.2025

ALCOHOL

STORAGE

NOTICE OF PUBLIC HEARING

DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) FOR A COASTAL DEVELOPMENT PERMIT

AND CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE FOR ON-SITE CONSUMPTION (ABC TYPE-41 LICENSE) AND LIVE ENTERTAINMENT

AT AN EXISTING RESTAURANT (LA MALQUERIDA BY DOLCHE) LOCATED AT 1524 MCKINLEY AVENUE IN THE COASTAL ZONE.

CASE FILE NO.: 2025-12 CUP CDP
APN: 557-055-08
NOTICE IS HEREBY GIVEN that the National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, July 21, 2025, in the City Council Chambers, located at the Civic Center, 1243 National City Boulevard, National City, California, on the following item:

The applicant (Applicant: Elena Gallardo) is proposing to sell on-site beer and wine (ABC Type 41) in conjunction with food sales at the existing restaurant (La Malquerida by Dolche). The restaurant is proposing alcohol sales from 8:00 a.m. to midnight daily. Additionally, the applicant is requesting live entertainment indoors from 8:00 a.m. to 11:30 p.m. and outdoors from 8:00 a.m. to 10:00 p.m. daily.

Planning Commission will also consider the staff determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 (Existing Facilities).

Information is available for review at the City’s Planning Division, Civic Center. Members of the public are invited to comment orally at the hearing or in writing. Written comments should be received by the Planning Division on or before 2:00 p.m., July 21, 2025 by submitting it to [email protected]. Planning staff can be contacted at 619-336-4310 or [email protected].

Under California Government Code section 65009, if you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

ATTACHMENT 4 Page 233 of 588
Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community
CensusTracts 2010
August 25, 2014
0 0.375 0.75 1.5 mi 0 0.5 1 2 km
1:45,467
ATTACHMENT5