AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor Alejandro Hernandez, Acting City Manager Luz Molina, Vice-Mayor - District 1 Richard Romero, Acting City Attorney Jose Rodriguez, Councilmember -District 2 Shelley Chapel, MMC, City Clerk Ditas Yamane, Councilmember – District 3
Marcus Bush, Councilmember– District 4
_______________________________________________________________________
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. Membe rs 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 Comme nts. 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 o f 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. [email protected] 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 Alejandro Hernandez, Acting City Manager Luz Molina, Vice-Mayor - District 1 Richard Romero, Acting City Attorney Jose Rodriguez, Councilmember -District 2 Shelley Chapel, MMC, City Clerk Ditas Yamane, Councilmember – District 3
Marcus Bush, Councilmember– District 4
_______________________________________________________________________
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 we b 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 Re cibo 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.
State of California )
)ss.
County of San Diego )
AFFIDAVIT OF POSTING
I, Shelley Chapel, MMC, City Clerk of the City of National City, hereby declare under penalty of perjury that this notice of a Regular Meeting was called by the City Council of the City of National City was posted and provided on Thursday, January 15, 2026, at 6:00 p.m. Said meeting to be held Tuesday, January 20, 2026, at 6:00 p.m. in the Cit y Hall, City Council Chambers, 1243 National City Blvd., in the City of National City, California. Said notice was posted on the Bulletin Boards in front of City Hall and the Library.
Shelley Chapel
Shelley Chapel, MMC, City Clerk
AGENDA
Consolidated Regular Meeting
Tuesday, January 20, 2026, 6:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Pages
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. INVOCATION
5. PUBLIC COMMENT
In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. Speakers will have up to three (3) minutes.
6. PROCLAMATIONS AND RECOGNITION
6.1 Proclamation - Mateo R. Camarillo Day 7
6.2 Employee of the Quarter - Michael Rodgers - Fire Engineer 8
6.3 Introduction of New Hires and Promotions of City Employees 10
7. PRESENTATION (Limited to Five (5) Minutes each)
7.1 Kimball Holiday 2025 Recap
8. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) Per Government Code Section 53232.3(d) also known as AB1234: Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.
9. CONSENT CALENDAR
The Consent Calendar may be enacted in one motion by the City Council with a Roll Call Vote without discussion unless a Councilmember, a member of the Public, or the City Manager requests an item be removed for discussion. Items removed from the Consent Calendar will be considered immediately following the adoption of the Calendar.
9.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
9.2 Approval of the City Council Meeting Minutes. 11
Recommendation:
Approve and file.
9.3 Execute a First Amendment with DTA Public Finance, Inc. formerly identified as David Taussig and Associates, Inc. for Consulting Services 34 Recommendation:
Adopt the Resolution Entitled: “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a First Amendment to the Agreement with DTA Public Finance, Inc. dba DTA to Extend the Agreement by Two Years to December 31, 2026 and to Increase the Not-to- Exceed Amount by $13,730, for a Total Not-to-Exceed Amount of $58,990.”
9.4 Amendments to Extend Terms of the On-Call Consultant Agreements for City’s Capital Improvement Program (CIP)
39 Recommendation:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute 1) Fourth Amendments to the Agreements with a) HDR Engineering, Inc., b) Kimley-Horn and Associates, Inc., c) KTU&A, d) NV5, Inc., e) STC Traffic, Inc., and e) WSP USA Inc. to Extend the Agreements by One-Year, and 2) a Fifth Amendment to the Agreement with Chen Ryan Associates, Inc. to Extend the Agreement by One-Year.”
9.5 Awarding a Contract to In The Dirt Engineering for the E. 20th Street Storm Drain Project, CIP No. 25-06.
60 Recommendation:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to In The Dirt Engineering in the Not-To-Exceed Amount of $339,388 for the E. 20th Street Storm Drain Project, CIP No. 25-06; 2) Authorizing a 15% Contingency in the Amount of $50,908 for any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Contract.”
9.6 Authorize the Purchase of a Street Sweeper for Public Works Streets and Wastewater Division
83 Recommendation:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract #093021-ELG with Haaker Equipment Company for the Purchase of an Elgin Broom Bear Street Sweeper in a Not-to-Exceed Amount of $494,000 for the Public Works Streets and Wastewater Division; and 2) Authorizing the City Manager to Approve Adjustments to the Not-to-Exceed Amount for the Purchase of up to $49,400 as a 10% Contingency for Unforeseen Fluctuations in Pricing.”
9.7 First Amendment to the Agreement with West Coast Arborists, Inc. for Specialized Urban Forestry Maintenance Services.
120
Recommendation:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a First Amendment to the Agreement with West Coast Arborists Inc., to Increase the Not-to-Exceed Amount by $180,000, for a Total Not-to-Exceed Amount by $180,000, for a Total Not-to-Exceed Amount of $450,000.”
9.8 Purchase of Thirty-two (32) Panasonic Toughbook Mobile Data Computers (MDC’s) for Police Department Officers for Use in Patrol Vehicles, Utilizing Funds Awarded by the C.O.P.S. Grants.
125
Recommendation:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 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 National IPA Technology Solutions Contract #2018011 with CDW-G LLC for the Purchase of Thirty-two Panasonic Toughbook Mobile Data Computers in a Not-to-Exceed Amount of $134,541.81 for the National City Police Department.”
9.9 Accept SDG&E’s 2025 SAFE San Diego Grant Program Award of $5,000 for the City’s CERT Program.
131
Recommendation:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the City Manager or his Designee to Accept the San Diego Gas & Electric (SDG&E) 2025 SAFE San Diego Grant Program Funds in the Amount of $5,000 for the National City Community Emergency Response Team (CERT) Program and Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $5,000 in the Reimbursable Grants City-Wide Fund.”
9.10 FY 2024-25 AB 1600 DIF Report 135
Recommendation:
Accept and file the report
9.11 Warrant Register No. 18 for the Period of 10/24/25 through 10/30/25 in the Amount of $2,829,816.63
147
Recommendation:
Ratify Warrants Totaling $2,829,816.63.
9.12 Warrant Register No. 19 for the Period of 10/31/25 through 11/06/25 in the Amount of $2,138,123.23
153
Recommendation:
Ratify Warrants Totaling $2,138,123.23.
9.13 Warrant Register No. 20 for the Period of 11/07/25 through 11/13/25 in the Amount of $619,215.55
162
Recommendation:
Ratify Warrants Totaling $619,215.55.
9.14 Warrant Register No. 21 for the Period of 11/14/25 through 11/20/25 in the Amount of $2,379,426.57
169
Recommendation:
Ratify Warrants Totaling $2,379,426.57.
9.15 Warrant Register No. 22 for the Period of 11/21/25 through 11/27/25 in the Amount of $3,062,130.58
175
9.16 Warrant Register No. 23 for the Period of 11/28/25 through 12/04/25 in the Amount of $2,658,609.11
184
Recommendation:
Ratify Warrants Totaling $2,658,609.11.
10. PUBLIC HEARING
The following item(s) have been advertised as public hearing(s) as required by law.
10.1 Second Reading and Adoption of Land Use Code Amendment to Restore Omitted Sections 18.10.060, 18.11.120, 18.22.020, 18.30.310, 18.30.340 & 345.
194
Recommendation:
Hold the Public Hearing and Adopt the Ordinance Entitled: “An Ordinance Amending Sections 18.10.060 (Rules of Measurement), 18.11.120 (Interim Uses), 18.22.020 (Allowed Land Uses Et Seq.), 18.30.310 (Tattoo Parlors Et Al), and 18.30.340 & 345 (Medical Marijuana Dispensaries and Cultivation) of Title 18 (Zoning) of the National City Municipal Code to Restore Previously
Omitted Sections.”
10.2 Second Reading and Adoption of an Ordinance Adopting the 2025 California Fire Code and the Appendices thereto, Adopting the National Fire Protection Association Standards, and Amending Chapter 15.28 of the National City Municipal Code.
211
Recommendation:
Hold Public Hearing and Adopt an Ordinance by Second Reading Entitled, “An Ordinance of the City Council of the City of National City, California, Adopting the 2025 California Fire Code and the Appendices thereto, Adopting the National Fire Protection Association Standards, and Amending Chapter 15.28 of the National City Municipal Code.”
10.3 Amendments to the Neighborhood Services and Building Department Fees in the 2025 City of National City Master Fee Schedule
221
Recommendation:
Hold a Public Hearing and Adopt the Resolution Entitled: “Resolution of the City Council of the City of National City, California, Adopting Updated City User Fees for the Neighborhood Services, Engineering & Public Works, and Building Departments and Updating the Master Fee Schedule.”
10.4 Public Hearing - 2025 Development Impact Fees Schedule 373 Recommendation:
Hold a Public Hearing and Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Adopting the 2025 Development Impact Fee Schedule” or give staff further direction.”
11. STAFF REPORTS
11.1 Appointment of City Councilmember to Regional Board for San Diego County Water Authority
481
Recommendation:
Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Confirming the Mayoral Appointment of Member of the City Council to the San Diego County Water Authority Board of Directors.”
11.2 Updating City Council Policies 483
Recommendation:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending City Council Policy Nos. 101,107, 109, 121, 203, 204, 206, 402, 502, 703, 707, and 904.”
12. CITY MANAGER’S REPORT
13. ELECTED OFFICIALS REPORT
13.1 POLICY 105 REQUEST - Our Future is Homeownership - Create a Home Ownership Sub-Committee Requested by Councilmembers Rodriguez & Yamane
571
14. CITY ATTORNEY REPORT
15. ADJOURNMENT
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, January 20, 2026
Approved by: Alejandro Hernandez, Acting City Manager
SUBJECT:
Approval of the City Council Meeting Minutes.
RECOMMENDATION:
Approve and file.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Meeting Minutes:
Special City Council Meeting - Closed Session of December 2, 2025 Regular City Council Meeting Minutes of December 2, 2025 Special City Council Meeting - Closed Session of December 9, 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 - Closed Session of December 2, 2025 - Meeting Minutes
Exhibit B - Regular City Council Meeting Minutes of December 2, 2025 - Meeting Minutes Exhibit C - Special City Council Meeting - Closed Session of December 9, 2025 - Meeting Minutes
SPECIAL MEETING MINUTES OF THE CITY COUNCIL
CLOSED SESSION
December 2, 2025, 3:30 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Present: Councilmember Molina (arrived at 3:35 p.m.)
Councilmember Rodriguez
Councilmember Yamane
Vice-Mayor Bush
Mayor Morrison
Others Present: Alejandro Hernandez, Acting City Manager Barry J. Schultz, City Attorney
Richard Romero, Assistant City Attorney
Shelley Chapel, City Clerk (via Zoom)
Bruce Foltz, Finance Director
Tonya Hussain, Deputy City Clerk
Alicia Hicks, Human Resources Director
Martin Reeder, Acting Director of Community Development Angelita Palma, Community Development Manager
_____________________________________________________________________
1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 3:32 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 (arrived 3:35 p.m.), Rodriguez, Yamane, Bush, Morrison
3. PLEDGE OF ALLEGIANCE
Vice-Mayor Bush 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:
Item 5.1
Cyrus Rapinan
Maria Debor
Item 5.2
Laura Wilkinson Sinton
Item 5.4
Mica Polanco
Sandra
Kim
Item 5.5
Kim
Mica Polanco
Sandra
Alisha Morrison
5. CLOSED SESSION
Members retired into Closed Session at 3:52 p.m. and returned at 5:57 p.m. with all members present in attendance: Molina, Rodriguez, Yamane, Bush, Morrison, Romero (left at 4:25 p.m.), and Schultz
Alejandro Hernandez, Acting City Manager, Alicia Hicks, Human Resources Director, Bruce Foltz, Director of Finance, entered Closed Session at 3:52 p.m. and left at 5:38 p.m.
Angelita Palma, Community Development Manager, Martin Reeder, Acting Director of Community Development entered Closed Session at 4:24 p.m. and left at 5:57 p.m.
5.1 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS
Government Code Section 54956.9
Property: 921-929 National City Blvd.
APN Nos: 556-471-03 and 556-471-04
Agency Negotiation: City of National City Housing Authority Negotiation Parties: Barry J. Schultz, City Attorney
Alejandro Hernandez, Acting City Manager
Martin Reeder, Acting Director of Community Development Angelita Palma, Community Development Manager
Walter Spath, Outside Counsel
Wil Solholt, Kosmont Companies (Via Zoom)
5.2 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 No. 37-2023-00007308-CU-WM-CTL
5.3 CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations:
Police Officers Association (POA),
Agency Designated Representatives:
Steven Berliner (Labor Negotiator)
Alejandro Hernandez (Acting City Manager)
Barry J. Schultz (City Attorney)
Richard Romero (Assistant City Attorney)
Bruce Foltz (Finance Director)
Alicia Hicks (Human Resources Director)
5.4 PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Position to be filled: City Manager
5.5 PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: City Attorney
6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, December 2, 2025, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
The meeting adjourned at 5:57 p.m.
___________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of January 20, 2026 __________________________
Ron Morrison, Mayor
REGULAR MEETING MINUTES OF THE CITY COUNCIL
December 2, 2025, 6:00 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: Alejandro Hernandez, Acting City Manager Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk (via Zoom)
Robert Drew, Deputy Fire Marshal
Bruce Foltz, Director of Finance
Pedro Garcia, Economic Development Manager
Danielle Ghio, City Librarian
Tirza Gonzales, Operations Manager
Alicia Hicks, Director of Human Resources
Tonya Hussain, Deputy City Clerk
Martha Juarez, Assistant Director of Engineering/Public Works Evelyn Molina, Executive Secretary
Sergio Mora, Fire Chief
Mike Pacheco, Director of Community Services
Martin Reeder, Acting Director of Community Development Chris Sullivan, Police Captain
Luca Zappiello, Associate Civil Engineer
_____________________________________________________________________
1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:12 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
Councilmember Molina led the Pledge of Allegiance.
4. INVOCATION
No invocation was delivered.
Item taken out of order.
7.1 Presentation of 2026 Storm Water Calendar
PowerPoint presentation provided by Executive Secretary Evelyn Molina.
Mayor Morrison presented the awards to the students.
Councilmember Yamane left the dais at 6:33 p.m. and returned at 6:42 p.m.
Vice-Mayor Bush left the dais at 6:33 p.m. and returned at 6:39 p.m.
Mayor Morrison left the dais at 6:35 p.m. and returned at 6:38 p.m.
Councilmember Molina left the dais at 6:36 p.m. and returned at 6:40 p.m.
Mayor Morrison announced that agenda Item 11.2 would be pulled and continued to the January 20, 2026 City Council meeting.
5. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing two (2) minutes per comment and introduced City Clerk Chapel.
In-person comment:
Jessie Navarro
James Kim
Wendy Egan
Delise Vann
Alisha Morrison
Larry Emerson
Daniel K.
Micaela Polanco
Ted Godshalk
Paul Wapnowski
Alejandra Diaz
Ed Nieto
Randi Castle-Salgado
Sherry Gogue
Doyle Morrison
Guillermo Garcia
Sandra Scheller
Written comment:
David Garcia
Alexander Gutterud
Alexander Gutterud on behalf of Sandra Scheller
In accordance with City Council Policy 104, the allotted time of 30 minutes had been reached for Public Comment. Mayor Morrison continued remaining speakers to the end of the meeting.
6. PROCLAMATIONS AND RECOGNITION
Councilmember Rodriguez left the dais at 7:25 p.m. and returned at 7:26 p.m.
6.1 Introduction of New City Employees
Associate Civil Engineer Luca Zappiello and Acting Community Development Director Martin Reeder introduced new department staff.
7. PRESENTATION (Limited to Five (5) Minutes each)
7.2 Civil Service Commission - Annual Report
PowerPoint presentation presented by Commissioners Paul Wapnowski and Wellington Clave.
Public comment was received from Micaela Polanco, Sandra, and Ed Nieto.
8. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) Councilmember Yamane provided an update on the San Diego County Water Authority.
Councilmember Molina provided an update on the SANDAG Board of Directors meeting and stated that a new attorney was appointed.
Vice-Mayor Bush reported on the business of the San Diego Metropolitan Transit System and provided an update on the budget and sales tax initiative.
There were no reports from Councilmember Rodriguez and Mayor Morrison.
9. INTERVIEWS AND APPOINTMENTS
9.1 Appointments: City Boards, Commissions, and Committees – Mayoral Appointment to the Board of Library Trustees and the Traffic Safety Committee.
Mayoral Appointment with the City Councilmembers’ Confirmation.
ACTION: Motion by Mayor Morrison, seconded by Councilmember Yamane to appoint Ricardo Carmona (alternate) to the Board of Library Trustees for a term ending September 30, 2026 and Lincoln Henderson to the Traffic Safety Committee for a term ending September 30, 2027.
Motion carried by unanimous vote.
9.2 Appointments: City Boards, Commissions, and Committees – City Council Interview and Appointment for the Civil Service Commission.
City Council to Conduct Interviews and Appoint.
ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Molina to appoint David Magana to the Civil Service Commission for a term ending September 30, 2020.
Motion carried by unanimous vote.
10. CONSENT CALENDAR
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Molina to approve Consent Calendar Items with the exception of 10.5, 10.6 and 10.12 through
10.16. Motion carried by unanimous vote.
10.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
Motion carried by unanimous vote.
10.2 Approval of the City Council Meeting Minutes.
Approve and file.
Motion carried by unanimous vote.
10.3 Amendments to Extend Terms of the On-Call Consultant Agreements for City’s Capital Improvement Program (CIP)
Approved Resolution No. 2025-167.
Written comment received from Ted Godshalk.
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to execute 1) a Second Amendment to the Agreement with Neri Landscape Architecture to Extend the Agreement by One Year; 2) Third Amendments to the Agreements with a) D-Max Engineering, Inc.; b) Geosyntec Consultants, Inc.; c) Verdantas Inc., Successor to Leighton Consulting, Inc.; d) Ninyo & Moore Geotechnical & Environmental Sciences Consultants; and e) Randall Lamb Associates, Inc. to Extend the Agreements by One Year; 3) Fourth Amendments to the Agreements with a) Anser Advisory and b) Innovative Construction Consulting Services, LLC to Extend the Agreements by One Year; and 4) A Fifth Amendment to the Agreement with Project Professionals Corporation to Extend the Agreement by One Year.”
Motion carried by unanimous vote.
10.4 Approval of the Local Appointments List – Maddy Act Requirement Approve the Local Appointments List for 2026 and Authorize the City Clerk to Post the List at City Hall and Post End of Term Vacancies on the City website.
Motion carried by unanimous vote.
Item pulled for public comment.
10.5 Approval of an Agreement Amendment with Liebert Cassidy Whitmore for Legal Services in the Specialized Area of Labor Negotiations by Extending the Agreement to January 31, 2026.
Approved Resolution No. 2025-168.
Public comment was received from Thomas Rike.
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 C ity and Liebert Cassidy Whitmore for Legal Services in the Specialized Area of Labor Negotiations by Extending the Agreement to January 31, 2026.”
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to adopt the resolution.
Motion carried by 4-1 vote.
Ayes: Molina, Rodriguez, Yamane, Morrison
Nays: Bush
Item pulled for public comment.
10.6 Approval of Creation of One (1) New Job Classification Titled Emergency Medical Services Coordinator, Amending the Management Salary Schedule, Adding 1.0 FTE to the Fire Department Authorized Position Count, and Authorizing a Related Budget Adjustment.
Approved Resolution No. 2025-169.
Public comment was received from Thomas Rike and Ted Godshalk.
Recommendation: Adopt the Resolution entitled, “Resolution of the City Council of the City of National City, California, Creating a New Job Classification of Emergency Medical Services Coordinator, Amending the National City Management Positions Salary Schedule to Include the New Job Cl assification, Adding 1.0 FTE to the Fire Department’s Authorized Position Count, and Authorizing an Increase of $72,453 to the Fire Department’s Fiscal Year 2025- 2026 Personnel Budget.”
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Molina to adopt the resolution.
Motion carried by unanimous vote.
10.7 Awarding a Contract to A. Vidovich Construction, Inc. for the Storm Water Pump Station Enhancements Project, CIP No. 25-11.
Approved Resolution No. 2025-170.
Written comment received from Ted Godshalk.
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to A. Vidovich Construction, Inc. in the Not-To-Exceed Amount of $184,980 for the Storm Water Pump Station Enhancements Project, CIP No. 25-11; 2) Authorizing a 15% Contingency in the Amount of $27,747 for any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Contract.”
Motion carried by unanimous vote.
10.8 Installation of Red Curb “No Parking” in Front of 102 E. 16th Street to Improve Visibility
Approved Resolution No. 2025-171.
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of Red Curb “No Parking” in Front of 102 E. 16th Street to Improve Visibility.”
Motion carried by unanimous vote.
10.9 Installation of Red Curb “No Parking” and Stop Signs at the Intersection of Virginia Drive and E. 28th Street and the Intersection of M Avenue and E. 28th Street.
Approved Resolution No. 2025-172.
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of Red Curb “No Parking” and Stop Signs at the Intersection of Virginia Drive and E. 28th Street and at the Intersection of M Avenue and E. 28th Street.”
Motion carried by unanimous vote.
10.10 Installation of Red Curb “No Parking” at Two Storm Drain Inlets at the Intersection of E. 22nd Street and B Avenue to Prevent Vehicles from Blocking A ccess to the Storm Drain Inlets.
Approved Resolution No. 2025-173.
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of Red Curb “No Parking” at Two Storm Drain Inlets at the Intersection of E. 22nd Street and B Avenue to Prevent Vehicles from Blocking Access to the Inlets.”
Motion carried by unanimous vote.
10.11 New Full-Time Equivalent Position of Fire Battalion Chief Approved Resolution No. 2025-174.
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Adding 1.0 FTE to the Fire Department’s Authorized Position Count for a New Full -Time Position of Fire Battalion Chief and Authorizing an Increase of $188,000 to the Fire Department’s Fiscal Year 2025- 2026 Personnel Budget.”
Motion carried by unanimous vote.
Item pulled for public comment.
10.12 Request for approval of additional funding appropriation for the purchase and buildout of a Lenco Bearcat Armored Vehicle.
Approved Resolution No. 2025-175.
Public comment was received from Thomas Rike and Ed Nieto.
Acting City Manager Alejandro Hernandez addressed the City Council.
Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Establishment of an
Appropriation in the amount of $532,190.71 and Corresponding Revenue Budget with the Addition of $86,179.71 in Asset Forfeiture Funds for the Purc hase and Buildout of a Lenco Bearcat Armored Vehicle.”
ACTION: Motion by Councilmember Yamane, seconded by Vice- Mayor Bush to adopt the resolution.
Motion carried by unanimous vote.
Item pulled for public comment.
10.13 Recognized Obligations Payment Schedule for Fiscal Year 2026-27 (ROPS 26- 27) and Associated Administrative Budget (SUCCESSOR AGENCY) Approved Resolution No. 2025-120.
Public comment received from Ed Nieto.
Director of Finance Bruce Foltz addressed the City Council.
Recommendation: Adopt the Resolution Entitled, “Resolution of the Board of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, Approving the Recognized Obligation Payment Schedule (ROPS) for the Period J uly 1, 2026 through June 30, 2027 (ROPS 26- 27) with Expenditures Totaling $3,774,993, Approving the Associated Administrative Budget of $70,208, and Approving the Submittal of Both to the County of San Diego Countywide Redevelopment Successor Agency Oversi ght Board.”
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Molina to adopt the resolution.
Motion carried by unanimous vote.
Item pulled for public comment.
10.14 Warrant Register No. 16 for the Period of 10/10/25 through 10/16/25 in the Amount of $1,236,328.62
Public comment received from Thomas Rike.
Recommendation: Ratify Warrants Totaling $1,236,328.62.
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to ratify the warrants for agenda items 10.14 and 10.15, and to receive and file the expenditure report for agenda item 10.16.
Motion carried by unanimous vote.
Item pulled for public comment.
10.15 Warrant Register No. 17 for the Period of 10/17/25 through 10/23/25 in the Amount of $9,543,326.56
Public comment received from Thomas Rike.
Recommendation: Ratify Warrants Totaling $9,543,326.56.
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to ratify the warrants for agenda items 10.14 and 10.15, and to receive and file the expenditure report for agenda item 10.16.
Motion carried by unanimous vote.
Item pulled for public comment.
10.16 City Council Expenditure Report for Fiscal Year 2025 Public comment received from Ed Nieto.
Recommendation: Receive and File Expenditure Report for the City Council July 2024 Through June 2025.
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to ratify the warrants for agenda items 10.14 and 10.15, and to receive and file the expenditure report for agenda item 10.16.
Motion carried by unanimous vote.
11. PUBLIC HEARING
11.1 Public Hearing and Introduction of an Ordinance Adopting the 2025 California Fire Code and the Appendices Thereto, Adopting the National Fire Protection Association Standards, and Amending Chapter 15.28 of the National City Municipal Code.
Item introduced by Deputy Fire Marshal Robert Drew.
Mayor Morrison opened the Public Hearing at 8:25 p.m.
There was no public comment.
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to close the Public Hearing.
Motion carried by unanimous vote.
Public Hearing closed at 8:25 p.m.
Recommendation: Introduce the Ordinance Entitled, “An Ordinance of the City Council of the City of National City, California, Adopting the 2025 California Fire Code and the Appendices Thereto, Adopting the National Fire Protection
Association Standards, and Amending Chapter 15.28 of the National City Municipal Code.
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to introduce the ordinance.
Motion carried by unanimous vote.
Item pulled from the agenda and continued to the January 20, 2025 City Council meeting.
11.2 Public Hearing – Appeal of a Planning Commission Approval of a Conditional Use Permit for a Proposed Drive-Through Coffee Shop (Dutch Bros Coffee) to be Located at 1838 Sweetwater Road.
Staff Recommended Approval of the CUP to the Planning Commission and Recommends Denying the Appeal and Adopting the Resolution Entitled:
“Resolution of the City Council of the City of National City, California, Determining that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) under Class 32 of the CEQA Guidelines Section 15332 (In -Fill Development Projects) and Approving a Conditional Use Permit for a Drive- Through Coffee Shop (Dutch Bros Coffee) to be Located at 1838 Sweetwater Road.”
11.3 Public Hearing – Appeal of a Planning Commission Denial of a Conditional Use Permit for a Proposed Recycling Center to be Located at 1240 East Plaza Boulevard.
Approved Resolution No. 2025-177.
Vice-Mayor Bush disclosed that he had spoken to the applicant via telephone the morning of the City Council meeting.
Councilmember Molina disclosed that she had spoken to the applicant approximately two weeks prior to the City Council meeting.
Councilmember Yamane dis closed that she had a phone call with the applicant and received an email.
Councilmember Rodriguez disclosed that he had a phone call and email correspondence with the applicant the day of the City Council meeting.
Mayor Morrison disclosed that he had an in- person meeting with the applicant approximately three weeks prior to the City Council meeting.
PowerPoint presentation presented by Acting Community Development Director Martin Reeder.
Applicants Anthony St. John Jr. and Anthony St. John Sr. provided a PowerPoint presentation.
Mayor Morrison opened the Public Hearing at 8:50 p.m.
Public comments were received from Amada Rojas and Doyle Morrison.
One written comment was received from Amada Rojas.
ACTION: Motion by Councilmember Molina, seconded by Councilmember Rodriguez to close the Public Hearing.
Motion carried by unanimous vote.
Public Hearing closed at 8:54 p.m.
Recommendation: Staff Recommended Approval of the CUP to the Planning Commission and Recommends Affirming the Appeal and Adopting the Resolution Entitled: “Resolution of the City Council 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) and Approving a Conditional Use Permit for a Recycling Center to be Located at 1240 E Plaza Boulevard.” ACTION: Motion by Councilmember Molina, seconded by Councilmember Rodriguez to affirm the appeal and adopt the resolution.
Motion carried by unanimous vote.
Mayor Morrison called for a recess at 9:12 p.m. , all returned to the dais at 9:23 p.m. with Councilmember Rodriguez absent.
Councilmember Rodriguez returned to the dais at 9:25 p.m.
11.4 Introduction and First Reading of Land Use Code Amendment to Restore Omitted Sections 18.10.060, 18.11.120, 18.22.020, 18.30.310, 18.30.340 & 345.
Acting Director of Community Development Martin Reeder introduced the item.
Mayor Morrison opened the Public Hearing at 9:26 p.m.
One virtual comment was received from Peggy Walker.
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Molina to close the Public Hearing.
Motion carried by unanimous vote.
Public Hearing closed at 9:29 p.m.
Recommendation: Hold the Public Hearing and Introduce the Ordinance Entitled:
“An Ordinance Amending Sections 18.10.060 (Rules of Measurement), 18.11.120 (Interim Uses), 18.22.020 (Allowed Land Uses Et Seq.), 18.30.310 (Tattoo Parlors Et Al), and 18.30.340 & 345 (Medical Marijuana Dispensaries and Cultivation) of Title 18 (Zoning) of the National City Municipal Code to Restore Previously Omitted Sections.”
ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Rodriguez to introduce the Ordinance.
Motion carried by unanimous vote.
12. STAFF REPORTS
12.1 Approval of an Amendment to the Lease and Operating Agreement Between the City of National City and American Golf Corporation for the Operation of the Las Palmas Municipal Golf Course to Extend the Term Five (5) years to October 31, 2030.
Approved Resolution No. 2025-178.
Director of Community Services Mike Pacheco provided a PowerPoint presentation.
American Golf Corporation General M anager Jose Gomez and Senior Vice President Paul Ballam addressed the City Council.
In-person public comment received from:
David Celaya
Ted Godshalk
David Potter
Matias Garcia
Nathan Montemayor
Tony Bazzel
Mike Metzig
Doyle Morrison
One written comment was received from Joe Mazares.
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 Five-Years.
ACTION: Motion by Vice Mayor Bush, seconded by Councilmember Yamane to adopt the resolution with the caveat that the lease be extended only for a period of 120 days beginning October 31, 2025, in order to finalize the specifics of the agreement and for American Golf Corporation to include a facility plan proposal, with the matter to return to the City Council at the February 3, 2026 meeting.
Motion carried by unanimous vote.
At 10:52 p.m., Mayor Morrison reminded the City Council of Policy #104 that requires the City Council Meeting to be adjourned no later than 10:30 p.m. unless extended by Council vote.
ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Yamane to extend the meeting until midnight.
Motion carried by unanimous vote.
Councilmember Rodriguez left the dais at 10:52 p.m. and returned at 10:59 p.m.
Councilmember Rodriguez left the dais at 10:59 p.m. and returned at 11:00 p.m.
12.2 Professional Services Agreement with Hinderliter, de Llamas & Associates for a Revenue Modernization Study of the City’s Business License Program Approved Resolution No. 2025-179.
Economic Development Manager Pedro Garcia provided a PowerPoint presentation.
Public comment received from Ed Nieto.
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 Hinderliter, de Llamas & Associates to Conduct a Revenue Modernization Study of the City’s Business License Program in the Amount of $50,000.”
ACTION: Motion by Molina, seconded by Rodriguez to adopt a modified resolution to read, “…that the Agreement shall be substantially as to the Form as Exhibit A to the Agenda report, subject to final approval by the City Manager and City Attorney.”
Motion carried by unanimous vote.
12.3 City of National City Annual Comprehensive Financial Report (ACFR) for the Fiscal Year Ended June 30, 2024.
Director of Finance Bruce Foltz provided a PowerPoint presentation. Pun Group Partner Coley Delaney provided a PowerPoint presentation.
Mayor Morrison left the dais at 11:28 p.m. and returned at 11:30 p.m.
Public comment was received from Ed Nieto.
Recommendation: Accept and File the Report.
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Molina to accept and file the report.
Motion carried by unanimous vote.
Vice-Mayor Bush left the dais at 11:47 p.m. and returned at 11:47 p.m.
12.4 Fiscal Year 2025 Budget Review
Approved Resolution No. 2025-180.
Director of Finance Bruce Foltz provided a PowerPoint presentation.
Public comment was received from Ed Nieto.
Recommendation: Accept and File this Report, and Adopt the Resolution Entitled:
“Resolution of the City Council of the City of National City, California, Ratifying Various Fiscal Year 2025 Budget Adjustments.”
ACTION: Motion by Councilmember Molina, seconded by Councilmember Yamane to accept, file the report, and adopt the resolution.
Motion carried by unanimous vote.
At 12:12 a.m., Mayor Morrison called to extend the meeting beyond midnight.
ACTION: Motion by Councilmember Rodriguez, seconded by Vice-Mayor Bush to extend the meeting to 1:00 a.m.
Motion carried by unanimous vote.
Mayor Morrison called for a recess at 12:12 a.m., all members returned to the dais at 12:18 a.m.
12.5 City of National City First Quarter Fiscal Year 2025/26 Financial Review Director of Finance Bruce Foltz provided a PowerPoint presentation.
Public comment was received from Ed Nieto.
Recommendation: Accept and File the Report.
Councilmember Rodriguez left the dais at 12:31 a.m. and returned at 12:33 a.m.
ACTION: Motion by Councilmember Yamane, seconded by Vice-Mayor Bush to accept and file the report.
Motion carried by unanimous vote.
12.6 Appointments of City Councilmembers to Regional Boards and Committees for Outside Agencies
Recommendation: Mayor to Appoint with City Council Consensus to Certain Regional Boards and Committees by Adoption of Resolution:
Approved Resolution No. 2025-181.
(1) Resolution of the City Council of the City of National City, California, Appointing Members of the City Council to the San Diego Association of Governments (SANDAG) Board of Directors;
Approved Resolution No. 2025-182.
(2) Resolution of the City Council of the City of National City, California, Appointing Members of the City Council to the SANDAG Shoreline Preservation Working Group; and,
Approved Resolution No. 2025-183.
(3) Resolution of the City Council of the City of National City, California, Appointing Members of the City Council to the Various Regional Committee Assignments ACTION: Motion by Councilmember Molina, seconded by Councilmember Yamane to approve the existing appointments for the next term.
Motion carried by unanimous vote.
12.7 Selection of Vice-Mayor for 2026
City Clerk Shelley Chapel provided a report.
Public comment was received from Alisha Morrison, MPV, and Doyle Morrison.
Recommendation: Selection of a Vice -Mayor for 2026 in accordance with City Council Policy No. 120 – Selection of Vice-Mayor.
ACTION: Motion by Vice -Mayor Bush, seconded by Mayor Morrison to appoint Councilmember Molina as Vice-Mayor for 2026.
Motion carried by 3-2 vote.
Ayes: Bush, Molina, Morrison
Nays: Rodriguez, Yamane
13. CITY MANAGER’S REPORT
No report.
14. E LECTED OFFICIALS REPORT
Closing remarks were provided by members of the City Council.
15. CITY ATTORNEY REPORT
Mayor Morrison introduced City Attorney Schultz who reported on Closed Session Items
5.1 through 5.5.
Item 5.2 - City Council authorized a proposed settlement.
Item 5.4 - City Council formally appointed Alex Hernandez as Acting City Manager effective upon the earlier of the point at which Interim City Manager Scott Huth reaches his maximum allowable work hours, or Friday, December 5, 2025, at 5:00 p.m. The appointment would remain in effect until such time as a new City Manager is brought forward.
Item 5.5 - Current City Attorney Barry Schultz reported that he provided notice to the City Council that he would not want to extend his term. The City Council appointed Assistant City Attorney Richard Romero as the Acting City Attorney effective January 1, 2026. City Council authorized the commencement of a search for a new permanent City Attorney.
Items 5.1 and 5.3 – There was no reportable action.
5.1 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS
Government Code Section 54956.9
Property: 921-929 National City Blvd.
APN Nos.: 556-471-03 and 556-471-04
Agency Negotiation: City of National City Housing Authority Negotiation Parties: Scott Huth, Interim City Manager (Via Zoom) Barry J. Schultz, City Attorney
Alejandro Hernandez, Acting City Manager
Martin Reeder, Director of Community Development
Angelita Palma, Community Development Manager
Walter Spath, Outside Counsel
Wil Solholt, Kosmont Companies (Via Zoom)
Under Negotiation: Instruction to Negotiators regarding Tower 999 LLC Disposition and Development Agreement
5.2 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 No. 37-2023-00007308-CU-WM-CTL
5.3 CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organization:
Police Officers Association (POA)
Agency Designated Representatives:
Steven Berliner (Labor Negotiator)
Alex Hernandez (Acting City Manager/Police Chief)
Bruce Foltz (Finance Director)
Alicia Hicks (Human Resources Director)
5.4 PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Position: City Manager
5.5 PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: City Attorney
16. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, January 20, 2026, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
The meeting adjourned at 1:07 a.m.
___________________________________
Tonya Hussain, CMC, Deputy City Clerk
The foregoing minutes were approved at the Regular Meeting of January 20, 2026.
________________________________
Ron Morrison, Mayor
SPECIAL MEETING MINUTES OF THE CITY COUNCIL
CLOSED SESSION
December 9, 2025, 4:00 p.m.
City Council Chamber - 1243 National City Boulevard
National City, CA
Present: Councilmember Yamane
Councilmember Rodriguez
Councilmember Molina
Vice-Mayor Bush
Mayor Morrison
Others Present: Alejandro Hernandez, Acting City Manager Richard Romero, Assistant City Attorney
Shelley Chapel, City Clerk (via Zoom)
Tonya Hussain, Deputy City Clerk
Alicia Hicks, Human Resources Director
Bruce Foltz, Director of Finance
Steven Berliner (Labor Negotiator)
_____________________________________________________________________ 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 TO THE FLAG
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:
Item 5.1 Luisa McCarthy
Micaela Polanco
Ed Nieto
5. CLOSED SESSION
Members retired into Closed Session at 4: 43 p.m. and returned at 4:44 p.m. with all members present in attendance: Bush, Rodriguez, Yamane, Morrison, Molina, and Romero.
Staff entered Closed Session at 4:43 p.m. for Item No. 5.1; Hicks, Foltz and Hernandez.
In addition, Labor Negotiator Berliner joined the session. Staff left Closed Session at 4:44 p.m.
Assistant City Attorney Romero announcement of actions taken in Closed Session as City Council provided direction to the Labor Negotiator and no reportable action.
5.1 CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organization:
Police Officers Association (POA)
Agency Designated Representatives:
Steven Berliner (Labor Negotiator)
Alex Hernandez (Acting City Manager/Police Chief)
Bruce Foltz (Finance Director)
Alicia Hicks (Human Resources Director)
6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, January 20, 2026, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.
The meeting adjourned at 6:00 p.m.
__________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of January 20, 2026. __________________________
Ron Morrison, Mayor
AGENDA REPORT
Department: Finance
Prepared by: Sean W. Pfeifer, Management Analyst
Meeting Date: Monday, January 20, 2025
Approved by: Alejandro Hernandez, Acting City Manager
SUBJECT:
Execute a First Amendment with DTA Public Finance, Inc. formerly identified as David Taussig and Associates, Inc. for Consulting Services
RECOMMENDATION:
Adopt the Resolution Entitled: “ Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a First Amendment to the Agreement with DTA Public Finance, Inc. dba DTA to Extend the Agreement by Two Years to December 31, 2026 and to Increase the Not-to-Exceed Amount by $13,730, for a Total Not-to-Exceed Amount of $58,990.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
In January, 2024, the City contracted with David Taussig and Associates, Inc. Dba DTA (DTA) to perform a study to provide the basis for the City to update its Development Impact Fees (DIFs) for a not -to-exceed amount of $45,260 . The study was originally intended to be completed by December 31, 2024, but certain phases of the study took longer to accomplish, primarily due to competing City staff priorities. Staff now seeks to extend the term of the agreement to December 31, 2026 and to augment the compensation by $13,730. The additional funds would be used to pay for cost overruns incurred in the completion of the objectives detailed in Tasks 3 (Staff Interviews and Data Collection), 5 (Evaluate Current DIFs), 6 (Evaluate Potential New DIFs), 8 (Prepare Draft Final Fee Study), and 9 (Attend the City Council Hearing).
The final DIF study is to be presented to the City Council for review on January 20, 2026. With this augmentation, the new not-to-exceed amount for this contract will be $58,990.
FINANCIAL STATEMENT:
This contract will increase the City’s obligation by $13,730 and will result in a new not-to-exceed amount of $58,990 for the Development Impact Fee Study . Appropriations are available in the Professional Services account in the Finance Department (account no. 100-10-14-14100-7213-).
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
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 - Resolution
Exhibit B – Amendment to the Agreement by and between the City of National City and David Taussig and Associates, Inc. Dba DTA
RESOLUTION NO. 2026 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA,
AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH DTA PUBLIC FINANCE, INC . DBA DTA TO EXTEND THE AGREEMENT BY TWO YEARS TO DECEMBER 31, 2026 AND TO INCREASE THE NOT-TO-EXCEED AMOUNT BY $13,730, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $58,990.
WHEREAS, on January 29, 2024, the City of National City (“City”) entered into an agreement with DTA Public Finance, Inc. dba DTA (formerly identified as “David Taussig and Associates, Inc. dba DTA”) to provide Development Impact Fee (“DIF”) consulting services for a not-to-exceed amount of $45,260, with an initial term of January 17, 2024 through December 31, 2024, with the option to extend for up to three (3) one-year extensions; and
WHEREAS, based on the ir performance and quality of work, and to ensure timely completion of DIF consulting services necessitated by delays in adoption of new DIF , staff recommends approval of a First Amendment to extend the term of the Agreement with DTA Public Finance, Inc. dba DTA by two (2) years to December 31, 2026, and to increase the not-to-exceed amount by $13,730, for a total not-to-exceed amount of $58,990.
NOW, THEREFORE, THE CITY COUNCI L 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 a First Amendment to the agreement with DTA Public Finance, Inc. dba DTA to extend the agreement by two years to December 31, 2026 and to increase the not-to-exceed amount by $13,730, for a total not-to-exceed amount of $58,990.
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 20th day of January, 2026.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Richard E. Romero, Acting City Attorney
AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
DTA PUBLIC FINANCE, INC. DBA DTA
THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 20th day of January, 2026, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and DTA PUBLIC FINANCE, INC. dba DTA, a California corporation (“CONSULTANT”).
RECITALS
WHEREAS, the CITY and the CONSULTANT (formerly identified as “David Taussig and Associates, Inc. dba DTA”) entered into an agreement on January 29, 2024 (“Agreement”), wherein the CONSULTANT agreed to provide Development Impact Fee (“DIF”) consulting services to CITY, for a not-to-exceed amount of $45,260, and an initial term of January 17, 2024 through December 31, 2024 , with the option to extend for up to three (3) one-year extensions; and
WHEREAS, based on the CONSULTANT’s performance and quality of work, and to ensure timely completion of DIF consulting services, the CITY desires to have the CONSULTANT continue providing services, and the CONSULTANT is willing to perform such services; and
WHEREAS, the parties desire to amend the Agreement by exercising the first and second of the three (3) one- year extensions to extend the term of the Agreement to December 31, 2026, and to increase the not-to-exceed amount by $13,730, for a total not-to-exceed amount of $58,990.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The January 29, 2024 Agreement in exercise of the extension provision, is hereby amended to extend the term of the Agreement by two (2) years to December 31, 2026.
2. The January 29, 2024 Agreement is hereby amended to increase the not-to-exceed amount by $13,730, for a total not-to-exceed amount of $58,990.
3. The parties further agree that, with the foreg oing exceptions, each and every other term and provision of the January 29, 2024 Agreement shall remain in full force and effect.
Amended Agreement Page 2 of 3 City of National City and Revised September 2025 DTA Public Finance, Inc.
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
Date: ___________
APPROVED AS TO FORM:
By: ____________________________
Richard E. Romero
Acting City Attorney
Date: ___________
DTA PUBLIC FINANCE , INC. DBA
DTA
(Corporation – signatures of two corporate officers required) (Partnership or Sole proprietorship – one signature)
By: ______________________________
David Taussig
President and Chief Financial Officer
Date: ___________
By: ______________________________
Kuda Wekwete
Managing Director
Date: ___________
CONTACT INFORMATION
CITY OF NATIONAL CITY
1243 National City Boulevard
National City, CA 91950-4397
Phone: (619) 336-____
Fax: (619) 336-_____
Contact:
Title:
Dep.:
Email:
DTA PUBLIC FINANCE, INC. DBA DTA
18201 Von Karman Ave., Suite 220
Irvine, CA 92612
Phone:
Fax:
Contact:
Title:
Email:
Taxpayer I.D. No.:
AGENDA REPORT
Department: Engineering & Public Works
Prepared by: Tirza Gonzales, Operations Manager
Meeting Date: Tuesday, January 20, 2026
Approved by: Alejandro Hernandez, Acting City Manager
SUBJECT:
Amendments to Extend Terms of the On -Call Consultant Agreements for City’s Capital Improvement Program (CIP)
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute 1) Fourth Amendments to the Agreements with a) HDR Engineering, Inc., b) Kimley-Horn and Associates, Inc., c) KTU&A, d) NV5, Inc., e) STC Traffic, Inc., and e) WSP USA Inc. to Extend the Agreements by One-Year, and 2) a Fifth Amendment to the Agreement with Chen Ryan Associates, Inc. to Extend the Agreement by One-Year.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services, housing and real estate development services, and environmental compliance services on May 1, 2019.
The RFQ was advertised on the City’s website, published in the San Diego Union Tribune, e - mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified. Additionally, the City hosted an Information Session regarding the RFQ process on May 14, 2019 at the MLK Jr. Community Center to encourage local participation, which was attended by over 100 people. The Department received 71 Statement of Qualifications (SOQs) from various firms by the June 10, 2019 deadline.
Based on the strength of their SOQs, interviews and past performance, the City of National City entered into Agreements with several consultants to provide on-call support services for National City’s Capital Improvement Program (CIP). The original Agreements were all for a not-to-exceed amount of $2,000,000 and a term of three years, with the option to extend fo r two one -year extensions.
A new RFQ for on-call support services was solicited in the Summer of 2025 and the Department received 63 SOQs from various firms by the September 17, 2025 deadline.
Staff is requesting to extend the previously amended Agreements by one year to allow consultants to provide a continuation of services for the City’s CIP, as well as to provide staff sufficient time to evaluate the new SOQs . There is no request for additional spending authority as part of the amendments.
Therefore, based on performance and quality of work of each consultant, expiring agreements, and to ensure timely completion of CIP projects, staff recommends execution of the following amendments:
Fourth Amendments to extend terms of the Agreements by one (1) year for the below listed consultants:
1. HDR Engineering, Inc.: Project support services for CIP including, but not limited to, project management; civil engineering; plan reviews; constructability reviews; construction support; long range planning for multiple disciplines; grants management; community outreach and communications
2. Kimley-Horn and Associates, Inc.: Project support services for CIP including, but not limited to, project management ; traffic civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long range planning on multiple disciplines; grants; grants management; co mmunity outreach and communications
3. KTU&A: Project support services for CIP including, but not limited to, project management; landscape architecture and urban design; transportation planning; geographic information systems; long range planning for multiple disciplines; grants management; community outreach and communications
4. NV5, Inc.: Project support services for CIP including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan review s; constructability reviews; land surveying; environmental assessments; geotechnical; construction support; community outreach and communications
5. STC Traffic, Inc.: Project support services for CIP including, but not limited to, project management; traffic engineering; transportation planning; traffic signal communications infrastructure and systems integration; plan reviews; constructability reviews; construction support; grants management; community outreach and communications
6. WSP USA, Inc.: Project support services for CIP including, but not limited to, project management; traffic engineering; transportation planning; plan reviews; constructability reviews; long range planning on multiple disciplines; grants management; community outreach and communications
A Fifth Amendment to extend the term of the Agreement by one (1) year for the below listed consultant:
1. Chen Ryan Associates, Inc.: Project support services for CIP including, but not limited to, project management, civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long range planning for multiple disciplines; grants management; and community and communications
Staff is recommending authorizing the Resolution as stated.
FINANCIAL STATEMENT:
Funding appropriated through CIP process. No additional spending authority is being requested.
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 Ralph M. Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Amendments
Exhibit B – Resolution
FOURTH AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
HDR ENGINEERING, INC.
THIS FOURTH AMENDMENT TO THE AGREEMENT is entered into this 20th day of January, 2026, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and HDR ENGINEERING, INC., a Nebraska corporation (the “CONSULTANT”).
RECITALS
WHEREAS, the City Council adopted Resolution No. 2019-1 75 approving an agreement (the “Agreement”) with the CONSULTANT for the term of December 3, 2019 through December 2, 2022, wherein the CONSULTANT agreed to provide on-call project support services for the CITY’s Capital Improvement Program ( “CIP”) including, but not limited to, project management; civil engineering; plan reviews; constructability reviews; construction support; long range planning for multiple disciplines; grants management; and community outreach and communications, for a not-to-exceed amount of $2,000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and
WHEREAS, the City Council adopted Resolution No. 2022-172 approving the First Amendment to the Agreement, i ncreasing the $2,000,000 not -to-exceed amount by $1,000,000 for a total not-to exceed amount of $3,000,000, and exercising the first of two (2) extensions extending the Agreement by one (1) year to December 2, 2023; and
WHEREAS, the City Council adopted Resolution No. 2023-1 63 approving the Second Amendment to the Agreement, increasing the $3,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $4,000,000, and exercising the second of two (2) extensions extending the Agreement by one (1) year to December 2, 2024; and
WHEREAS, the City Council adopted Resolution No. 2024-1 57 approving the Third Amendment to the Agreement , extending the Agreement by one (1) year to December 2, 2025; and
WHEREAS, the CITY advertised a new Request for Qualifications (“RFQ”) for on- call project support services for the CITY’s CIP but, in order to allow sufficient time to evaluate the RFQ, and to ensure continuation of services for the CITY’s CIP in the interim, the CITY desires to further extend the Agreement by one (1) year; and
WHEREAS, based on the CONSULTANT’s performance and quality of work, expiring agreement and to ensure timely completion of CIP projects, the CITY desires to
have the CONS ULTANT continue providing such services, and the CONSULTANT is willing to perform such services; and
WHEREAS, the parties desire to extend the term of the Agreement to December 2, 2026.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The December 3, 2019 Agreement, as previously amended by the First, Second, and Third Amendments, is hereby amended to extend the term of the Ag reement by one (1) year to December 2, 2026.
2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the December 3, 2019 Agreement, as amended by the First, Second, and Third Amendments, shall remain in full force and effect.
IN WITNESS WHEREOF , the parties hereto have executed this Fourth 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:
____________________________
Richard E. Romero,
Acting City Attorney
HDR ENGINEERING, INC.
(Corporation – signatures of two corporate
officers required)
(Partnership or Sole proprietorship – one
signature)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
FOURTH AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
KIMLEY-HORN AND ASSOCIATES, INC.
THIS FOURTH AMENDMENT TO THE AGREEMENT is entered into this 20th day of January, 2026, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and KIMLEY- HORN AND ASSOCIATES , INC., a N orth Carolina corporation (the “CONSULTANT”).
RECITALS
WHEREAS, the City Council adopted Resolution No. 20 20-11 approving an agreement (the “Agreement”) with the CONSULTANT for the term of January 21, 2020 through January 20, 2023, wherein the CONSULTANT agreed to provide on-call project support services for the CITY’s Capital Improvement Program ( “CIP”) including, but not limited to, project management; traffic civil engineering; traffic engineering; transportation planning; plan reviews ; constructability reviews; long range planning for multiple disciplines; grants management; and community outreach and communications, for a not- to-exceed amount of $2,000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and
WHEREAS, the City Council adopted Resolution No. 2022-172 approving the First Amendment to the Agreement, increasing the $2,000,000 not -to-exceed amount by $1,000,000 for a total not-to exceed amount of $3,000,000, and exercising the first of two (2) extensions extending the Agreement by one (1) year to January 20, 2024; and
WHEREAS, the City Council adopted Resolution No. 2023-1 63 approving the Second Amendment to the Agreement, increasing the $3,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $4,000,000, and exercising the second of two (2) extensions extending the Agreement by one (1) year to January 20, 2025; and
WHEREAS, the City Council adopted Resolution No. 2024-1 57 approving the Third Amendment to the Agreement, extending the Agreement by one (1) year to January 20, 2026; and
WHEREAS, the CITY advertised a new Request for Qualifications (“RFQ”) for on- call project support services for the CITY’s CIP but, in order to allow sufficient time to evaluate the RFQ, and to ensure continuation of services for the CITY’s CIP in the interim, the CITY desires to further extend the Agreement by one (1) year; and
WHEREAS, based on the CONSULTANT’s performance and quality of work, expiring agreement and to ensure timely completion of CIP projects, the CITY desires to
have the CONS ULTANT continue providing such services, and the CONSULTANT is willing to perform such services; and
WHEREAS, the parties desire to extend the term of the Agreement to January 20, 2027.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The January 21, 2020 Agreement, as previously amended by the First, Second, and Third Amendments, is hereby amended to extend the term of the Ag reement by one (1) year to January 20, 2027.
2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the January 20, 2020 Agreement, as amended by the First, Second, and Third Amendments, shall remain in full force and effect.
IN WITNESS WHEREOF , the parties hereto have executed this Fourth 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: ____________________________
Richard E. Romero,
Acting City Attorney
KIMLEY-HORN AND ASSOCIATES, INC.
(Corporation – signatures of two corporate
officers required)
(Partnership or Sole proprietorship – one
signature)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
FOURTH AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
KTU&A
THIS FOURTH AMENDMENT TO THE AGREEMENT is entered into this 20th day of January, 2026, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and KTU&A, a California corporation (the “CONSULTANT”).
RECITALS
WHEREAS, the City Council adopted Resolution No. 2019-176 approving an agreement (the “Agreement”) with the CONSULTANT for the term of December 3, 2019 through December 2, 2022, wherein the CONSULTANT agreed to provide on-call project support services for the CITY’s Capital Improvement Program ( “CIP”) including, but not limited to, project management; landscape architecture and urban design; transportation planning; geographic information systems; long range planning for multiple disciplines; grants management; and community outreach and communications, for a not-to-exceed amount of $2,000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and
WHEREAS, the City Council adopted Resolution No. 2022-172 approving the First Amendment to the Agreement, increasing the $2,000,000 not -to-exceed amount by $1,000,000 for a total not-to exceed amount of $3,000,000, and exercising the first of two (2) extensions extending the Agreement by one (1) year to December 2, 2023; and
WHEREAS, the City Council adopted Resolution No. 2023-1 63 approving the Second Amendment to the Agreement, increasing the $3,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $4,000,000, and exercising the second of two (2) extensions extending the Agreement by one (1) year to December 2, 2024; and
WHEREAS, the City Council adopted Resolution No. 2024-1 57 approving the Third Amendment to the Agreement, increasing the $4,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $5,000,000, and extending the Agreement by one (1) year to December 2, 2025; and
WHEREAS, the CITY advertised a new Request for Qualifications (“RFQ”) for on- call project support services for the CITY’s CIP but, in order to allow sufficient time to evaluate the RFQ, and to ensure continuation of services for the CITY’s CIP in the interim, the CITY desires to further extend the Agreement by one (1) year; and
WHEREAS, based on the CONSULTANT’s performance and quality of work, expiring agreement and to ensure timely completion of CIP projects, the CITY desires to
have the CONS ULTANT continue providing such services, and the CONSULTANT is willing to perform such services; and
WHEREAS, the parties desire to extend the term of the Agreement to December 2, 2026.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The December 3, 2019 Agreement, as previously amended by the First, Second, and Third Amendments, is hereby amended to extend the term of the Ag reement by one (1) year to December 2, 2026.
2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the December 3, 2019 Agreement, as amended by the First, Second, and Third Amendments, shall remain in full force and effect.
IN WITNESS WHEREOF , the parties hereto have executed this Fourth 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: ____________________________
Richard E. Romero,
Acting City Attorney
KTU&A
(Corporation – signatures of two corporate
officers required)
(Partnership or Sole proprietorship – one
signature)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
FOURTH AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
NV5, INC.
THIS FOURTH AMENDMENT TO THE AGREEMENT is entered into this 20th day of January, 2026, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and NV5, INC., a California corporation (the “CONSULTANT”).
RECITALS
WHEREAS, the City Council adopted Resolution No. 2019-177 approving an agreement (the “Agreement”) with the CONSULTANT for the term of December 3, 2019 through December 2, 2022, wherein the CONSULTANT agreed to provide on-call project support services for the CITY’s Capital Improvement Program ( “CIP”) including, but not limited to, project management; engineering; construction management; inspections and certified payroll; plan reviews; constructability reviews; land surveying; environmental assessments; geotechnical; construction support; and community outreach and communications, for a not-to-exceed amount of $2,000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and
WHEREAS, the City Council adopted Resolution No. 2022-172 approving the First Amendment to the Agreement, increasing the $2,000,000 not -to-exceed amount by $1,000,000 for a total not-to exceed amount of $3,000,000, and exercising the first of two (2) extensions extending the Agreement by one (1) year to December 2, 2023; and
WHEREAS, the City Council adopted Resolution No. 2023-1 63 approving the Second Amendment to the Agreement, increasing the $3,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $4,000,000, and exercising the second of two (2) extensions extending the Agreement by one (1) year to December 2, 2024; and
WHEREAS, the City Council adopted Resolution No. 2024-1 57 approving the Third Amendment to the Agreement , extending the Agreement by one (1) year to December 2, 2025; and
WHEREAS, the CITY advertised a new Request for Qualifications (“RFQ”) for on- call project support services for the CITY’s CIP but, in order to allow sufficient time to evaluate the RFQ, and to ensure continuation of services for the CITY’s CIP in the interim, the CITY desires to further extend the Agreement by one (1) year; and
WHEREAS, based on the CONSULTANT’s performance and quality of work, expiring agreement and to ensure timely completion of CIP projects, the CITY desires to
have the CONS ULTANT continue providing such services, and the CONSULTANT is willing to perform such services; and
WHEREAS, the parties desire to extend the term of the Agreement to December 2, 2026.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The December 3, 2019 Agreement, as previously amended by the First, Second, and Third Amendments, is hereby amended to extend the term of the Ag reement by one (1) year to December 2, 2026.
2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the December 3, 2019 Agreement, as amended by the First, Second, and Third Amendments, shall remain in full force and effect.
IN WITNESS WHEREOF , the parties hereto have executed this Fourth 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:
____________________________
Richard E. Romero,
Acting City Attorney
NV5, INC.
(Corporation – signatures of two corporate
officers required)
(Partnership or Sole proprietorship – one
signature)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
FOURTH AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
STC TRAFFIC, INC.
THIS FOURTH AMENDMENT TO THE AGREEMENT is entered into this 20th day of January, 2026, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and STC TRAFFIC, INC., a California corporation (the “CONSULTANT”).
RECITALS
WHEREAS, the City Council adopted Resolution No. 2019-1 64 approving an agreement (the “Agreement”) with the CONSULTANT for the term of November 19, 2019 through November 18, 202 2, wherein the CONSULTANT agreed to provide on- call project support services for the CITY’s Capital Improvement Program ( “CIP”) including, but not limited to, project management; traffic engineering; transportation planning; traffic signal communications infrastructure and systems integration; plan reviews; constructability reviews; construction support; grants management; and community outreach and communications, for a not-to-exceed amount of $2,000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one- year extensions; and
WHEREAS, the City Council adopted Resolution No. 2022-172 approving the First Amendment to the Agreement, increasing the $2,000,000 not -to-exceed amount by $1,000,000 for a total not-to exceed amount of $3,000,000, and exercising the first of two (2) extensions extending the Agreement by one (1) year to November 18, 2023; and
WHEREAS, the City Council adopted Resolution No. 2023-1 45 approving the Second Amendment to the Agreement, increasing the $3,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $4,000,000, and exercising the second of two (2) extensions extending the Agreement by one (1) year to November 18, 2024; and
WHEREAS, the City Council adopted Resolution No. 2024-1 57 approving the Third Amendment to the Agreement , extending the Agreement by one (1) year to November 18, 2025; and
WHEREAS, the CITY advertised a new Request for Qualifications (“RFQ”) for on- call project support services for the CITY’s CIP but, in order to allow sufficient time to evaluate the RFQ, and to ensure continuation of services for the CITY’s CIP in the interim, the CITY desires to further extend the Agreement by one (1) year; and
WHEREAS, based on the CONSULTANT’s performance and quality of work, expiring agreement and to ensure timely completion of CIP projects, the CITY desires to have the CONS ULTANT continue providing such services, and the CONSULTANT is willing to perform such services; and
WHEREAS, the parties desire to extend the term of the Agreement to November 18, 2026.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The November 19, 2019 Agreement, as previously amended by the First, Second, and Third A mendments, is hereby amended to extend the term of the Agreement by one (1) year to November 18, 2026.
2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the November 19, 2019 Agreement, as amended by the First, Second, and Third Amendments, shall remain in full force and effect.
IN WITNESS WHEREOF , the parties hereto have executed this Fourth 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:
____________________________
Richard E. Romero,
Acting City Attorney
STC TRAFFIC, INC.
(Corporation – signatures of two corporate
officers required)
(Partnership or Sole proprietorship – one
signature)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
FOURTH AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
WSP USA INC.
THIS FOURTH AMENDMENT TO THE AGREEMENT is entered into this 20th day of January, 2026, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and WSP USA, INC., a New York corporation (the “CONSULTANT”).
RECITALS
WHEREAS, the City Council adopted Resolution No. 2019-178 approving an agreement (the “Agreement”) with the CONSULTANT for the term of December 3, 2019 through December 2, 2022, wherein the CONSULTANT agreed to provide on-call project support services for the CITY’s Capital Improvement Program ( “CIP”) including, but not limited to, project management; traffic engineering; transportation planning; plan reviews; constructability reviews; long range planning on multiple disciplines; grants management; and community outreach and communications, for a not-to-exceed amount of $2,000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and
WHEREAS, the City Council adopted Resolution No. 2022-172 approving the First Amendment to the Agreement, increasing the $2,000,000 not -to-exceed amount by $1,000,000 for a total not-to exceed amount of $3,000,000, and exercising the first of two (2) extensions extending the Agreement by one (1) year to December 2, 2023; and
WHEREAS, the City Council adopted Resolution No. 2023-1 63 approving the Second Amendment to the Agreement, increasing the $3,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $4,000,000, and exercising the second of two (2) extensions extending the Agreement by one (1) year to December 2, 2024; and
WHEREAS, the City Council adopted Resolution No. 2024-1 57 approving the Third Amendment to the Agreement , extending the Agreement by one (1) year to December 2, 2025; and
WHEREAS, the CITY advertised a new Request for Qualifications (“RFQ”) for on- call project support services for the CITY’s CIP but, in order to allow sufficient time to evaluate the RFQ, and to ensure continuation of services for the CITY’s CIP in the interim, the CITY desires to further extend the Agreement by one (1) year; and
WHEREAS, based on the CONSULTANT’s performance and quality of work, expiring agreement and to ensure timely completion of CIP projects, the CITY desires to
have the CONS ULTANT continue providing such services, and the CONSULTANT is willing to perform such services; and
WHEREAS, the parties desire to extend the term of the Agreement to December 2, 2026.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The December 3, 2019 Agreement, as previously amended by the First, Second, and Third Amendments, is hereby amended to extend the term of the Ag reement by one (1) year to December 2, 2026.
2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the December 3, 2019 Agreement, as amended by the First, Second, and Third Amendments, shall remain in full force and effect.
IN WITNESS WHEREOF , the parties hereto have executed this Fourth 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:
____________________________
Richard E. Romero,
Acting City Attorney
WSP USA INC.
(Corporation – signatures of two corporate
officers required)
(Partnership or Sole proprietorship – one
signature)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
FIFTH AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
CHEN RYAN ASSOCIATES, INC.
THIS FIFTH AMENDMENT TO THE AGREEMENT is entered into this 20th day of January, 2026, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and CHEN RYAN ASSOCIATES , INC., a California corporation (the “CONSULTANT”).
RECITALS
WHEREAS, the City Council adopted Resolution No. 2019-1 63 approving an agreement (the “Agreement”) with the CONSULTANT for the term of November 19, 2019 through November 18 , 202 2, wherein the CONSULTANT agreed to provide on- call project support services for the CITY’s Capital Improvement Program ( “CIP”) including, but not limited to, project management; civil engineering; traffic engineering; transportation planning; plan reviews ; constructability reviews; long range planning for multiple disciplines; grants management; and community outreach and communications, for a not-to-exceed amount of $2,000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and
WHEREAS, the City Council adopted Resolution No. 2021-122 approving the First Amendment to the Agreement, increasing the $2,000,000 not -to-exceed amount by $1,000,000 for a total not-to exceed amount of $3,000,000; and
WHEREAS, the City Council adopted Resolution No. 2022- 172 approving the Second Amendment to the Agreement, increasing the $3,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $4,000,000, and exercising the first of two (2) extensions extending the Agreement by one (1) year to November 18, 2023; and
WHEREAS, the City Council adopted Resolution No. 2023- 145 approving the Third Amendment to the Agreement, increasing the $4,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $5,000,000, and exercising the second of two (2) extensions extending the Agreement by one (1) year to November 18, 2024; and
WHEREAS, the City Council adopted Resolution No. 2024-1 57 approving the Third Amendment to the Agreement increasing the $5,000,000 not-to-exceed amount by $1,000,000 for a total not-to-exceed amount of $6,000,000, and extending the Agreement by one (1) year to November 18, 2025; and
WHEREAS, the CITY advertised a new Request for Qualifications (“RFQ”) for on- call project support services for the CITY’s CIP but, in order to allow sufficient time to
evaluate the RFQ, and to ensure continuation of services for the CITY’s CIP in the interim, the CITY desires to further extend the Agreement by one (1) year; and
WHEREAS, based on the CONSULTANT’s performance and quality of work, expiring agreement and to ensure timely completion of CIP projects, the CITY desires to have the CONS ULTANT continue providing such services, and the CONSULTANT is willing to perform such services; and
WHEREAS, the parties desire to extend the term of the Agreement to November 18, 2026.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The November 19, 2019 Agreement, as previously amended by the First, Second, Third, and Fourth Amendments, is hereby amended to extend the term of the Agreement by one (1) year to November 18, 2026.
2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the November 19, 2019 Agreement, as amended by the First, Second, Third, and Fourth Amendments, shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this Fifth 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:
____________________________
Richard E. Romero,
Acting City Attorney
CHEN RYAN ASSOCIATES, INC.
(Corporation – signatures of two corporate
officers required)
(Partnership or Sole proprietorship – one
signature)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
RESOLUTION NO. 2026 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA , AUTHORIZING THE MAYOR TO EXECUTE 1) FOURTH AMENDMENTS TO THE AGREEMENTS WITH A) HDR ENGINEERING, INC.; B) KIMLEY-HORN AND ASSOCIATES, INC.; C) KTU&A; D) NV5, INC; E) STC TRAFFIC, INC.; AND E) WSP USA, INC. TO EXTEND THE AGREEMENTS BY ONE YEAR; AND 2) A FIFTH AMENDMENT TO THE AGREEMENT WITH CHEN RYAN ASSOCIATES, INC. TO EXTEND THE AGREEMENT BY ONE YEAR.
WHEREAS, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for various engineering, architectural and construction support services, housing and real estate development services, and environmental compliance services on May 1, 2019; and
WHEREAS, based on the strengt h of their S tatements of Qualifications, interviews and past performance, the City of National City entered into agreements with several consultants to provide on-call support services for National City’s Capital Improvement Program (CIP); and
WHEREAS, the original agreements were each for a not-to-exceed amount of $2,000,000 and a term of three years, with the option to extend for two one-year extensions; and
WHEREAS, a new RFQ was solicited in the summer of 2025 and closed on September 17, 2025, but is still under evaluation by staff and, to ensure continuation of services for the City’s CIP in the interim, the City desires to further extend the agreements by one year; and WHEREAS, based on the consultants’ performance and quality of work, expiring agreements, increased staffing demands, and to ensure timely completion of CIP projects, the City and the below listed consultants desire to execute:
1. Fourth Amendments to extend the Agreements by one year for the below listed consultants:
a. HDR Engineering, Inc.: Project support services for CIP including, but not limited to, project management; civil engineering; plan reviews; constructability reviews; construction support; long range planning for multiple disciplines; grants management; community outreach and communications.
Original Agreement Reso 2019-175 on December 3, 2019
First Amendment Reso 2022-172 on November 1, 2022
Second Amendment Reso 2023-163 on November 21, 2023
Third Amendment Reso 2024-157 on December 3, 2024
b. Kimley-Horn and Associates, Inc.: Project support services for CIP including, but not limited to, project management ; traffic civil engineering; traffic engineering; transportation planning; plan reviews; constructability reviews; long range planning on multiple disciplines; grants; grants management; community outreach and communications.
Original Agreement Reso 2020-11 on January 21, 2020
First Amendment Reso 2022-172 on November 1, 2022
Second Amendment Reso 2023-163 on November 21, 2023
Third Amendment Reso 2024-157 on December 3, 2024
c. KTU&A: Project support services for CIP including, but not limited to, project management; landscape architecture and urban design; transportation planning; geographic information systems; long range plann ing for multiple disciplines; grants management; community outreach and communications.
Original Agreement Reso 2019-176 on December 3, 2019
First Amendment Reso 2022-172 on November 1, 2022
Second Amendment Reso 2023-163 on November 21, 2023
Third Amendment Reso 2024-157 on December 3, 2024
d. NV5, Inc.: Project support services for CIP including, but not limited to, project management; engineering; construction management, inspections and certified payroll; plan reviews; constructability reviews ; land surveying; environmental assessments; geotechnical; construction support; community outreach and communications.
Original Agreement Reso 2019-177 on December 3, 2019
First Amendment Reso 2022-172 on November 1, 2022
Second Amendment Reso 2023-163 on November 21, 2023
Third Amendment Reso 2024-157 on December 3, 2024
e. STC Traffic, Inc.: Project support services for CIP including, but not limited to, project management; traffic engineering; transportation planning; traffic signal communications infrastructure and systems integration; plan reviews; constructability reviews; construction support; grants management; community outreach and communications.
Original Agreement Reso 2019-164 on November 17, 2019
First Amendment Reso 2022-172 on November 1, 2022
Second Amendment Reso 2023-145 on October 17, 2023
Third Amendment Reso 2024-157 on December 3, 2024
f. WSP USA Inc.: Project support services for CIP including, but not limited to, project management; traffic engineering; transportation planning; plan reviews; constructability reviews; long range planning on multiple disciplines; grants management; community outreach and communications.
Original Agreement Reso 2019-178 on December 3, 2019
First Amendment Reso 2022-172 on November 1, 2022
Second Amendment Reso 2023-163 on November 21, 2023
Third Amendment Reso 2024-157 on December 3, 2024
2. A Fifth Amendment to extend the agreement by one year for the below listed consultant:
Chen Ryan Associates, Inc.: Project support services for CIP including, but not limited to, project management, civil engineering; traffic engineering; transportation
planning; plan reviews; constructability reviews; long range planning for multiple disciplines; grants management; and community and communications.
Original Agreement Reso 2019-163 on November 17, 2019
First Amendment Reso 2021-122 on September 7, 2021
Second Amendment Reso 2022-172 on November 1, 2022
Third Amendment Reso 2023-145 on October 17, 2023
Fourth Amendment Reso 2024-157 on December 3, 2024
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 1) Fourth Amendments to the agreements with a) HDR Engineering, Inc.; b) Kimley -Horn and Associates, Inc.; c) KTU&A; d) NV5, Inc.; e) STC Traffic, Inc.; and e) WSP USA Inc. to extend the agreements by one year; and 2) a Fifth Amendment to the agreement with Chen Ryan Associates, Inc. to extend the agreement by one year.
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 20th day of January 2026.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Richard E. Romero, Acting City Attorney
AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Principal Civil Engineer Meeting Date: Tuesday, January 20, 2026
Approved by: Alejandro Hernandez, Acting City Manager
SUBJECT:
Awarding a Contract to In The Dirt Engineering for the E. 20th Street Storm Drain Project, CIP No. 25-06.
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Awarding a Contract to In The Dirt Engineering in the Not-To-Exceed Amount of $339,388 for the E. 20 th Street Storm Drain Project, CIP No. 25-06; 2) Authorizing a 15% Contingency in the Amount of $50,908 for any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Contract.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The project, which is located on E. 20th Street between Granger Ave. and Van Ness Avenue, represents the final phase of improving the storm drainage system in this area. The primary objective of the project is to increase system capacity, as this area has been prone to flooding during high intensity rain events. Staff evaluated the system and determined that the facilities need to be upsized. The project will replace approximately 356 feet of 12" Reinforced Concrete Pipe (RCP) in E. 20th Street with 24” RCP, in addition to other system improvements.
On November 4, 2025, a bid solicitation was posted on PlanetBids, which is a free public electronic bidding system for contractors. Additionally, the bid solicitation was advertised in local newspapers on November 13, 2025, and November 20, 2025.
On December 5, 2025, thirteen (13) bids were received by the 5:00 p.m. deadline and In The Dirt Engineering was the apparent lowest bidder with a total bid amount of $339,388.
Upon review of all documents submitted, In the Dirt Engineering’s bid was found 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 In the Dirt Engineering in the not-to-exceed amount of $339,388 and authorizing a 15% contingency in the amount of $50,908 to address any unforeseen conditions that may arise.
Attached is the bid item summary sheet indicating the line-item costs of the bid for reference. Also attached is the Owner-Contractor Agreement.
FINANCIAL STATEMENT:
Appropriations for this project are available within the Capital Improvements budget. Expenditures will be reported in the following account:
Contract Award $339,388
Expenditure Account No. 100-10-18-18500-7598-7049100 (Drainage) 15% Contingency $50,908
Expenditure Account No. 100-10-18-18500-7598-7049100 (Drainage)
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Transportation Choices and Infrastructure
ENVIRONMENTAL REVIEW:
This is a project under CEQA subject to a Categorical Exemption. A Notice of Categorical Exemption under CEQA will be filed with the County Recorder’s Office prior to starting construction.
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 – Improvement Plans
Exhibit B – Bid Opening Summary
Exhibit C – Three Lowest Bidders Summary
Exhibit D – Owner-Contractor Agreement
Exhibit E – Resolution
CITY OF NATIONAL CITY
PLANS FOR THE IMPROVEMENT OF
3131 VALLEY ROAD DRAINAGE
IMPROVEMENTS
"
“ ”
“ ”
”
TRAFFIC
E. 20TH STREET STORM DRAIN (CIP 25-06)
GRANGER AVE
PROJECT
LOCATION
10/15/2025
E. 20TH STREET STORM DRAIN (CIP 25-06)
GRANGER AVE. STORM DRAIN
10/15/2025
2 11654-D
25-06
TRAFFIC
E. 20TH STREET STORM DRAIN
10/14/2025
4+17-6' RT. CL TYPE A-4 CO
(TC 171.21)
1+00
2+00
3+00
170
180
160
(IE 164.00)
1+00 CL GRANGER AVE.
0+82 EXIST. TYPE A-4 CO
(TC 171.41)
1+40 PCR
(TC 172.51)
(TC 171.81)
(TC 171.20)
(TC 170.77)
(TC 170.52)
(TC 170.45)
(TC 170.57)
(18" IE 165.66)
(12" IE 166.38)
(TC 172.19)
(TC 173.38)
(TC 172.88)
4+00
4+17 CL TYPE B CI, L=5'
(TC 170.45)
(TC 170.86)
EX. TOP OF N'LY CURB
EX. 6" VCP
REMOVE POR. ABAN. 12" CI WTR. (TP167.87)
4+17.00 CL TYPE B CI, L=5'
CL E. 20TH ST.
24" IE 164.50
18" IE 167.80
24" IE 164.15
18" IE 167.24
1+60 BVC
3.90%
160' VC
2+40 PVI 175.31
3.50%
280' VC
4+80 PVI 166.91
3+20 EVC
3+40 BVC
VC TAN 9.14%
EX. 6" VCP SEWER @ 0.90%
(IE 167.42)
(TC 173.70)
(TC 173.83)
(TC 173.78)
(TC 173.54)
(TC 173.12)
0+95 CL SMH
4+75 CL SMH
REMOVE EX. 12" RCP
(IE 166.90)
(12" IE 167.95)
(12" IE 168.71)
(24" IE 160.75)
247'-24" RCP (1350-D) @ 1.00%
4+17-28' LT. REMOVE EXIST.
CURB INLET AND CONSTRUCT
TYPE B CURB INLET, L=5'
4+17-22' RT. REMOVE EXIST.
CURB INLET AND CONSTRUCT
TYPE B CURB INLET, L=5'.
RECONNECT EXIST. 12"
STORM DRAIN TO SOUTH.
EXIST. CURB INLET TO REMAIN
GRANGER AVENUE
EXIST. CURB INLET TO REMAIN
0+86 CONNECT TO EX.
24" RCP STUB
PROFILE: E. 20TH STREET STORM DRAIN
SCALE: HORIZ.: 1"=20' VERT.: 1"=4'
N
SCALE: 1"=20'
S
S
S
S
W
W
W
W
NOTE:
CONTRACTOR TO POTHOLE ALL EXISTING UTILITIES
AT CROSSINGS AND POINTS OF CONNECTION TO
CONFIRM HORIZONTAL AND VERTICAL LOCATIONS
PRIOR TO CONSTRUCTION.
RESTORE EXIST. SURFACE
IMPROVEMENTS IN KIND, TYP.
E. 20TH STREET
W
W
G
G
G
EX. 12" RCP TO BE ABANDONED
EXIST. SDG&E POLE,
CONTRACTOR TO
PROTECT IN PLACE
EXIST. SDG&E POLE,
CONTRACTOR TO
PROTECT IN PLACE
2 2
EX. 12" ACP WTR.
ABAN. 12" CIP WTR.
EX. 2" HP GAS
EX. 6" VCP SWR.
EX. 8" ACP WTR.
EX. 8" ACP WTR.
EX. 12" PVC WTR.
2825
2903
2905
1939
2741
2101
0+86 CONNECT TO
EX. 24" RCP STUB
1+70-6' RT.
CONSTRUCT TYPE
'A-4' CLEANOUT
1+70-6' RT. CONSTRUCT TYPE 'A-4' CO
IE 161.68
93'-24" RCP (1350-D) @ 1.00%
EX. 2" HP GAS
(TP 167.03)
EX. 12" PVC WTR. (TP 166.25)
EX. 12" PVC WTR. WO A2989
170
4+17-6' RT. CL TYPE A-4 CO
24" IE 164.15
18" IE 167.24
16'-24" RCP (1350-D)
@ 2.2%
28'-18" RCP (2000-D)
@ 2.0%
4+17-6' RT.
CONSTRUCT TYPE
'A-4' CLEANOUT
EXIST. SDG&E POLE,
CONTRACTOR TO
PROTECT IN PLACE
REMOVE PORTION
OF ABAN. 12" CIP
WTR. & PLUG ENDS
RECONNECT
EX. 12" RCP
REMOVE CONFLICTING
PORTIONS OF EXIST.
12" RCP STORM DRAIN
AND ABANDON
REMAINDER
EX. 2"
HP GAS
EX. 8" WTR.
EX. 12" WTR.
11654-D
25-06
EX. 2" HP GAS
EX. 2" HP GAS
EXIST. SDG&E GAS,
CONTRACTOR TO
MAINTAIN 12" HORIZ. &
VERT. SEPARATION
EXIST. SDG&E GAS,
CONTRACTOR TO
MAINTAIN 12" HORIZ. &
VERT. SEPARATION
EXIST. SDG&E GAS,
CONTRACTOR TO
MAINTAIN 12" HORIZ. &
VERT. SEPARATION
CAUTION-EXIST.
SDG&E OH ELECTRIC
BID OPENING SUMMARY
NAM
E: E. 20th Street Storm Drain
CIP NO: 25-06
DATE: December 5, 2025
TIME: 5:00 P.M.
ESTIMATE: $365,000
PROJECT ENGINEER: Luca Zappiello
NO. BIDDER’S NAME BID AMOUNT BID SECURITY
- BOND
1 In the Dirt Engineering
P.O.Box 3232
Ramona, California 92065
$339,388 Bond
2 Prestige prime engineering
1414 Sundale Rd
El cajon, California 92019
$ 357,695 Bond
3 RP General Construction, Inc.
28357 Cole Grade Rd
Valley Center, California 92082
$ 361,950 Bond
4 ACCO Engineered Systems, Inc.
5950 Nancy Ridge Dr., Suite 500
San Diego, California 92121
$ 379,741 Bond
5 A. Vidovich Construction Co. Inc.
15786 Miss Ellie Lane
Lakeside, California 92040
$ 386,983 Bond
6 PAL General Engineering Inc
9939 Hibert Street, Suite 201
San Diego, California 92131
$ 388,190 Bond
Exhibit B
7 A. B. Hashmi, Inc.
13066 Deer Canyon Court
San Diego, California 92131
$ 408,880
Bond
8 Palm Engineering Construction
7330 Opportunity Rd Suite A
San Diego, California 92111
$ 417,010
Bond
9 Rove Engineering Inc
8291 Aero Place Ste 100
San Diego, California 92123
$ 419,423
Bond
10 LB Civil Construction, Inc.
324 E. Valley Pkwy
Escondido, California 92025
$ 485,380
Bond
11 VETERAN BUILDERS
614 E Ovington St.
Lancaster, California 93535
$514,764
Bond
12 DB PIPELINE INC.
1325 Pipeline Drive
Vista, California 92081
$525,000
Bond
13 Montano Pipeline, Inc.
231 Fourth Avenue
Chula Vista, California 91979
$565,000
Bond
S
UMMARY OF BID ITEMS
TOP THREE BIDS RECIEVED
NAM
E: E. 20th Street Storm Drain
CIP NO: 25-06
DATE: December 5, 2025
TIME: 5:00 P.M.
ESTIMATE: $365,000
PROJECT ENGINEER: Luca Zappiello
Exhibit C
OWNER - CONTRACTOR AGREEMENT
E. 20TH STREET STORM DRAIN, CIP NO. 25-06
This Owner-Contractor Agreement (“Agreement”) is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and In The Dirt Engineering (“Contractor”), 1435 Lila Road, Ramona, CA 92065, on the 20th day of January, 2026, 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 t o 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 t imes 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 .
Owner shall 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 provision s 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 15, 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:
Ron Morrison (Owner/Officer signature)
Mayor, City of National City
Attest:
Print name and title
Richard Romero
Acting City Attorney, City of National City
(Second officer signature if a corporation)
Print name and title
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
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. _______________, passed the 20th day of January , 2026 has awarded In The Dirt Engineering, hereinafter designated as the "Principal", the E. 20TH STREET STORM DRAIN PROJECT, CIP NO. 25-06
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 Council of the City of National City hereinafter called the "Council", in the penal sum of Three hundred thirty-nine thousand, three hundred eighty-eight dollars ($339,388.00) 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 , the City Council, their officers, agents, and employees, 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 of National City and judgment is recovered, the surety shall pay all costs incurred by the Council 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 n amed 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 Atto rney-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 Res olution No. ________________, passed the 20th day of January, 2026 has awarded In The Dirt Engineering, hereinafter designated as the "Principal”, the E. 20TH STREET STORM DRAIN PROJECT, CIP NO. 25-06
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 Council of the City of National City , hereinafter called the "Council", in the penal sum of Three hundred thirty-nine thousand, three hundred eighty-eight dollars ($339,388.00) 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 t hat 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 wi th 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 inure 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 pertain ing 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 ri ght 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 m e 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 o f
Attorney.
Signature:
Name (Type or Print):
(Notary Public in and for said County and State)
My Commission expires:
ATTACH ALL BONDS
RESOLUTION NO. 2026 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, 1)
AWARDING A CONTRACT TO IN THE DIRT ENGINEERING IN THE NOT -TO-EXCEED AMOUNT OF $339,388 FOR THE E. 20TH STREET STORM DRAIN PROJECT, CIP NO. 25 - 06; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $ 50,908 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT.
WHEREAS, the E. 20th Street Storm Drain Project, CIP No. 25-06 (the “Project”), located on E. 20th Street between Granger Avenue and Van Ness Avenue, will replace approximately 356 feet of 12-inch reinforced concrete pipe (“RCP”) on E. 20th Street with 24-inch RCP, in addition to other system improvements, with a primary objective of increasing system capacity; and WHEREAS, on November 4 , 2025, the bid solicitation for the Project was posted on PlanetBids, a free public electronic bidding system for contractors; and WHEREAS, on November 13 th and November 20 th, 2025, the bid solicitation was advertised in the local newspaper; and
WHEREAS, on December 5, 2025, thirteen (13) bids were received by the 5:00 p.m. deadline; and
WHEREAS, upon review of all documents submitted, In The Dirt Engineering’s bid in the total bid amount of $339,388 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 In The Dirt Engineering in the not-to-exceed amount of $339,388 for the E. 20th Street Storm Drain Project, CIP No. 25-06; 2) authorizing a 15% contingency in the amount of $ 50,908 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract.
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 In The Dirt Engineering in the not-to-exceed amount of $339,388 for the E. 20th Street Storm Drain Project, CIP No. 25-06.
Section 2: That the City Council hereby authorizes a 15% contingency in the amount of $50,908 for any unforeseen changes.
Section 3: 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 20th day of January, 2026
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Richard E. Romero, Acting City Attorney
AGENDA REPORT
Department: Engineering & Public Works
Prepared by: Tirza Gonzales, Operations Manager
Meeting Date: Tuesday, January 20, 2026
Approved by: Alejandro Hernandez, Acting City Manager
SUBJECT:
Authorize the Purchase of a Street Sweeper for Public Works Streets and Wastewater Division
RECOMMENDATION:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract #093021-ELG with Haaker Equipment Company for the Purchase of an Elgin Broom Bear Street Sweeper in a Not-to-Exceed Amount of $494,000 for the Public Works Streets and Wastewater Division; and 2) Authorizing the City Manager to Approve Adjustments to the Not-to- Exceed Amount for the Purchase of up to $ 49,400 as a 10% Contingency for Unforeseen Fluctuations in Pricing.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The Public Works Streets and Wastewater Division currently has two Street Sweepers in operation which are used daily to sweep dedicated routes through City streets and surface parking lots. The Sweepers average 55 miles per day per route, not including special events. One of the sweepers, purchased in 2017, has exceeded its useful life of 5-7 years, and is scheduled to be replaced, however, it will be retained as a backup.
Through adoption of the FY26 annual budget, the City Council approved the purchase of one (1) Street Sweeper in a not -to-exceed amount of $700,000. Staff is requesting the approval of the purchase of one (1) Elgin Broom Bear Street Sweeper in a not-to-exceed amount of $ 494,000, and authorization for the City Manager to approve adjustments to the not -to-exceed amount for the purchase of up to $ 49,400 as a 10% contingency for unforeseen fluctuations in pricing.
Consistent with Section 2.60.260 of the N ational City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto the Sourcewell Contract #093021-ELG with Haaker Equipment Company to allow for the purchase.
NCMC Section 2.60.260 provides authority to the pur chasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting
limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase.
National City’s Purchasing staff has confirmed that the Sourcewell Contract #093021 -ELG with Haaker Equipment Company was competitively bid through a Request for Proposals (RFP) process, and that the Sourcewell procurement procedures are in substantial compliance with those of National City.
Staff recommends that the City Council adopt the resolution as stated.
FINANCIAL STATEMENT:
The adopted budget for fiscal year 2026 includes a $700,000 appropriation in the Vehicle Acquisition Fund for the purchase of a street sweeper. $200,000 of the cost was designated to be covered by a transfer from the Refuse Enterprise Fund (Fund 172) and $ 500,000 was to be financed via Internal Service Fund (ISF) charges to the General Fund over 10 years. Given that the actual cost is $494,000, the funding plan will be modified. The charge to Fund 172 will still be $200,000, while the annual ISF charges to the General Fund will be reduced to reflect $294,000 as the GF share of the cost.
The $494,000 expenditure for the street sweeper will be recorded in the following Vehicle Acquisition Fund account: 644 -10-31-31300-7511- Automotive Equipment (PW - Streets and Wastewater). If any of the $49,400 in contingency funds is needed, the expenditure would be charged to the same account and the General Fund share of the cost would be modified accordingly.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Transportation Choices and Infrastructure
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 - Haaker Equipment Company Quote
Exhibit B - Sourcewell Contract 093021-ELG
Exhibit C - Resolution
9465 MISSION PARK PLACE, SANTEE, CALIFORNIA 92071
(619) 569-1946 ~ HAAKER.COM
SOURCEWELL QUOTE
DECEMBER 18, 2025
TO: CITY OF NATIONAL CITY ATTN: MR. RUBEN HUERTA
1726 WILSON AVENUE (619) 336-4586
NATIONAL CITY, CA 91950 EMAIL: [email protected]
IN ACCORDANCE WITH YOUR REQUEST, WE ARE PLEASED TO SUBMIT THE FOLLOWING PROPOSAL FOR
YOUR CONSIDERATION AND APPROVAL BASED ON THE SOURCEWELL COOPERATIVE PURCHASING AGREEMENT - CONTRACT #093021-ELG.
ONE (1) NEW ELGIN DIESEL BROOM BEAR
SQUEEGEE CONVEYOR TYPE, 4.5 CU. YD. HOPPER WITH DUAL SIDEBROOMS & DUAL STEERING.
MOUNTED ON A NEW 2026 FREIGHTLINER M2-106 CHASSIS. UNIT TO INCLUDE THE FOLLOWING STANDARD AND OPTIONAL EQUIPMENT.
STANDARD ITEMS INCLUDED:
BROOM SIDE, 46" STEEL VERTICAL
DIGGER 4 OR 5 SEGMENT
BROOM SIDE, AIR FLOATING
SUSPENSION WITH ADJUSTABLE
REACH, AIR DEPLOY
BROOM, MAIN, 34" DIAMETER, 60"
WIDE PREFAB DISPOSABLE
BROOM MEASUREMENT RULER
CONVEYOR CHAIN, HARDENED WITH
POLYURETHANE SPROCKETS
CONVEYOR, 11 FLIGHT SQUEEGEE
WITH RUBBER EDGING
CONVEYOR, LIFT INDEPENDENT
FROM MAIN BROOM
CONVEYOR, THREE PIECE
REPLACEABLE WEAR PLATES
CONVEYOR FLUSH OUT SYSTEM
CONVEYOR RAISE IN REVERSE
CONVEYOR STALL ALARM
DIRT SHOES, SPRING ASSISTED,
HEAVY DUTY SINGLE ROW CARBIDE
STEEL (RUBBER ISOLATED)
ELECTRIC BACKUP ALARM
HOPPER INSPECTION DOOR
HOPPER, 4.5 CU YD WITH WINDOW
AND SKYLIGHT
HOPPER UP INDICATOR AND BEEP
HOPPER, VARIABLE HIGH DUMP; 9' 6",
4.5 YARD
HOSE, HYDRANT FILL, 16' 8" WITH
COUPLING
HYDRAULIC OIL LEVEL GAUGE W/
EXTERNAL THERMOMETER AND IN-
CAB LEVEL LIGHT
HYDRAULIC SYSTEM, LOAD SENSING
WITH SELECTABLE TRANSMISSION
DRIVEN PTO PUMP
LIGHTS, AUTOMATIC BACKUP
LIGHTS, COMBINATION TAIL/STOP,
SEPARATE AMBER SIGNAL
LIGHTS, FLOOD LIGHT, ONE PER
BROOM (3)
MANUALS, OPERATOR AND PARTS
MIRRORS, WEST COAST TYPE WITH 8"
CONVEX INSERTS, ONE EACH SIDE
REAR BROOM SPRAY BAR
REAR BROOM COVER AND ANTI-
CARRYOVER WRAP
REAR RIGHT HAND FLOOD LIGHT
REFLECTORS, SET OF 6
SIDEBROOM SPEED CONTROL,
EXTERNAL TO CAB
SWEEP RESUME/RAISE IN REVERSE
TACTILE CONTROLS FOR ALL SWEEP
FUNCTIONS
TOOL STORAGE
WATER FILL, ANTI-SIPHON
WATER LEVEL INDICATOR IN-CAB
WATER PUMP, ELECTRIC DIAPHRAGM
WATER TANK, MOLDED
POLYETHYLENE, 360 GALLON TOTAL
NOMINAL CAPACITY
1 YEAR PARTS AND LABOR
WARRANTY
AM/FM/CD RADIO
SWEEPER PAINTED STANDARD WHITE
RED LOGO
SWEEPER - OPERATOR MANUAL
SWEEPER PARTS MANUAL
EXHIBIT A
OPTIONAL ITEMS INCLUDED:
4M-BROOM-BEAR-H-33K
BROOM BEAR DUAL
IN CAB AIR FILTER RESTRICTION
INDICATOR
12" CONVEX MIRRORS
BATTERY DISCONNECT - CHASSIS
MIDWEST AUTO LUBE -SWEEPER
ONLY
16' 8" FILL HOSE
RIGHT HAND SIDEBROOM TILT
LEFT HAND SIDEBROOM TILT
SLOW MOVING VEHICLE SIGN
RUBBER MOUNTED CARBIDE DRAG
SHOES TWO- ROW (ILO STD)
LATCHING ELEVATOR REVERSE AND
ALARM
ELGIN RED LOGO
PACKAGE 2: SINGLE REAR/SINGLE
HOPPER LED BEACON WITH GUARD
HOPPER FULL INDICATOR
HOPPER UP CONSTANT ALARM
VARIABLE SPEED CONVEYOR
HYDRAULIC OIL TEMP DISPLAY (IN CAB)
IN-CAB SIDEBROOM WATER
CONTROL (ILO MANUAL)
PM10 COMPLIANT (RULE 1186)
IN CAB HYDRAULIC FLOAT
SIDEBROOMS
PACKAGE B: LED ARROWSTICK
LIFELINER HOPPER SYSTEM W/
WARRANTY
SWEEPER PAINTED STANDARD WHITE
CAB STANDARD WHITE
BROOM BEAR OPERATORS’ MANUAL
MECHANICAL PRODUCTS MACHINE
DELIVERY PACKET
ELGIN SAFETY MANUAL
BROOM BEAR PARTS BOOK
BROOM MEASUREMENT RULER
HYDRANT WRENCH
SAFETY TRIANGLES
5# FIRE EXTINGUISHER
UNIT PRICE: $ 461,501.00
SOURCEWELL DISCOUNT ($ - 7,734.00)
SOURCEWELL SUBTOAL $ 453,767.00
SALES TAX (8.750%): $ 39,704.61
TOTAL PRICE F.O.B. NATIONAL CITY, CA: $ 493,471.61
THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO
WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.
NOTE: PRICE IS GOOD FOR 30 DAYS . COST INCREASES DUE TO THE ADDITION OF GOVERNMENT
MANDATED SAFETY OR ENVIRONMENTAL DEVICES INCURRED AFTER THE DATE OF THIS PROPOSAL, WILL BE CHARGED TO YOU AT OUR COST. PROOF OF SUCH COSTS, IF ANY, WILL BE DOCUMENTED.
TAXES: SALES TAX APPLICABLE AT TIME OF DELIVERY WILL BE SHOWN ON OUR INVOICE. FEDERAL EXCISE TAXES, IF APPLICABLE, WILL REQUIRE PAYMENT UNLESS A PROPERLY EXECUTED EXEMPTION CERTIFICATE IS SUBMITTED.
DELIVERY: TO BE DETERMINED TERMS: NET TERMS OR APPROVED FINANCING
WE APPRECIATE THE OPPORTUNITY TO PRESENT THIS PROPOSAL AND LOOK FORWARD TO BEING OF FURTHER AND CONTINUED SERVICE.
HAAKER EQUIPMENT COMPANY ACCEPTED BY:
BY: Chuy Vallejo DATE:
CHUY VALLEJO
PARTS/SERVICE/OUTSIDE SALES MGR.
093021-ELG
Re
v. 3/2021 1
Solicitation Number: RFP #093021
CONTRACT
This C
ontract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Elgin Sweeper Company, 1300 West Bartlett Road, Elgin, IL 60120 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Street Sweepers and Specialty Sweepers, with Related Equipment, Accessories, and Supplies from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires November 16, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
EXHIBIT B
093021-ELG
Rev. 3/2021 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be
093021-ELG
Rev. 3/2021 3
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
093021-ELG
Rev. 3/2021 4
x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell
093021-ELG
Rev. 3/2021 5
contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
093021-ELG
Rev. 3/2021 6
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Elgin Sweeper Company
By: __________________________ By: __________________________ Jeremy Schwartz David Panizzi
Title: Chief Procurement Officer Ti tle: Business Development Manager
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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RESOLUTION NO. 2026 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1)
WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO SOURCEWELL CONTRACT # 093021-ELG WITH HAAKER
EQUIPMENT COMPANY FOR THE PURCHASE OF AN ELGIN BROOM BEAR STREET SWEEPER IN A NOT-TO-EXCEED AMOUNT OF $ 494,000 FOR THE PUBLIC WORKS STREETS AND WASTEWATER DIVISION; AND 2) AUTHORIZING THE CITY MANAGER TO APPROVE ADJUSTMENTS OF UP TO $ 49,400 TO THE NOT -TO-EXCEED AMOUNT FOR THE PURCHASE AS A 10% CONTINGENCY FOR UNFORSEEN FLUCTUATIONS IN PRICING.
WHEREAS, the Public Works Streets and Wastewater Division utilizes two street sweepers to sweep dedicated routes through City streets and parking lots with an average 55 miles per day per route, not including special events, one of which has exceeded its useful life of 5-7 years and is scheduled to be replaced (but will be retained as a backup); and WHEREAS, the City of National City has an opportunity to piggyback onto the Sourcewell Contract # 0930212-ELG with Haaker Equipment Company to allow for the purchase of a new street sweeper, the Elgin Broom Bear Street Sweeper; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidd ing by another public agency whose procedures have been determined to be in substantial compliance with the City’s procurement procedures, and such a determination has been made in this case, therefore, it is recommended that the purchase be made without c omplying with the competitive bidding procedure set forth in the Municipal Code; and
WHEREAS, National City’s Purchasing staff has confirmed that the Sourcewell Contract # 093021-ELG with Haaker Equipment Company was competitively bid through a Request f or Proposals process, and that the Sourcewell procurement procedures are in substantial compliance with those of National City; and
WHEREAS, City staff recommends adoption of the resolution as stated.
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 waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizes the City to piggyback onto Sourcewell Contract # 093021-ELG with Haaker Equipment Company to allow for the purchase of an Elgin Broom Bear Streets Sweeper in a not-to-exceed amount of $494,000 for the Public Works Streets and Wastewater Division.
Section 2: That the City Council hereby authorizes the City Manager to approve adjustments of up to $49,400 to the not-to-exceed amount for the purchase as a 10% contingency for unforeseen fluctuations in pricing.
Section 3: 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 20th day of January, 2026.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Richard E. Romero, Acting City Attorney
AGENDA REPORT
Department: Engineering & Public Works
Prepared by: Tirza Gonzales, Operations Manager
Meeting Date: Tuesday, January 20, 2026
Approved by: Alejandro Hernandez, Acting City Manager
SUBJECT:
First Amendment to the Agreement with West Coast Arborists, Inc. for Specialized Urban Forestry Maintenance Services.
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a First Amendment to the Agreement with West Coast Arborists Inc., to Increase the Not -to-Exceed Amount by $180,000, for a Total Not -to-Exceed Amount by $180,000, for a Total Not-to-Exceed Amount of $450,000.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
On June 18, 2024, per City Council Resolution No. 2024-62, the City of National City entered into an Agreement with West Coast Arborists, Inc. (WCA), to provide as -needed specialized tree trimming, removal, and planting services t o assist the City’s Park Maintenance staff with addressing the growing backlog of tree trimming requests for specialized services. The original Agreement is for a not-to-exceed amount of $270,000, with an initial term of three years and the option to extend for up to three, one-year extensions.
The Engineering & Public Works Department’s Parks Division typically operates with two tree trimming staff who are responsible for routine maintenance, emergency response, and hazard mitigation of city trees in th e public -right-of-way. One of our tree trimmers was promoted to Equipment Operator within the last year, creating a vacancy. Recruitments have been ongoing and we are close to making a new hire . In addition, the other tree trimmer has been out on approved leave and is anticipated to return in the coming months. As a result of these staffing issues, the Public Works Parks Division has had to rely more heavily on WCA to assist with the backlog of tree trimming requests, specialized services, and emergency services. Since execution of the original agreement with WCA in June 2024, nearly half of the authorized budget for the three-year agreement has been spent. Therefore, staff is requesting City Council approval of a First Amendment to the Agreement with WCA to increase the not-to-exceed amount by $180,000 for a total not-to-exceed amount of $450,000.
FINANCIAL STATEMENT:
Expenditures for this contract are recorded in the Parks Maintenance Fund account no. 105-86- 31-31400-7299- Contract Services. The FY 2026 adopted budget for this account is $160,000, with $150,000 of that amount planned for WCA services. Invoices through December total approximately $115,000. If determined to be necessary, a budget adjustm ent will be brought
forward as part of the mid -year budget review to reflect the increased need for contracted tree trimming services through the remainder of the fiscal year.
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:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Amendment
Exhibit B – Resolution
FIRST AMENDMENT TO THE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
WEST COAST ARBORISTS, INC.
THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 20th day of January, 2026, by and between the CITY OF NATIONAL CITY, a municipal corporation (“CITY”), and WEST COAST ARBORISTS , INC., a California corporation (the “CONTRACTOR”).
RECITALS
WHEREAS, the CITY and the CONTRACTOR entered into an Agreement on June 18, 2024 (the “Agreement”) for the term of July 1, 2024 through June 30, 2027, wherein the CONTRACTOR agreed to provide Urban Forestry Maintenance Services to assist C ITY’s Park staff with ongoing tree trimming needs and demands for a not -to- exceed amount of $270,000, an d an initial term of three (3) years, with the option to extend this term for up to three (3) one-year extensions; and
WHEREAS, based on the CONTRACTOR’s performance and quality of work, and to ensure continuation of assistance and support to Parks staff necessitated by ongoing staffing issues, the CITY desires to have the CONTRACTOR continue providing Urban Forestry Maintenance Services for the CITY, and the CONTRACTOR is willing to perform such services; and
WHEREAS, the parties desire to amend the Agreement by increasing the not-to- exceed amount by $180,000, for a total not-to-exceed amount of $450,000.
AGREEMENT
NOW, THEREFORE, the parties hereto agree that:
1. The June 18, 2024 Agreement is hereby amended to increase the not-to-exceed amount by $180,000, for a total not-to-exceed amount of $450,000.
2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the June 18, 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:
____________________________
Richard E. Romero,
Acting City Attorney
WEST COAST ARBORISTS, INC.
(Corporation – signatures of two corporate
officers required)
(Partnership or Sole proprietorship – one
signature)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
RESOLUTION NO. 2026 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA ,
AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH WEST COAST ARBORISTS, INC. TO INCREASE THE NOT-TO-EXCEED AMOUNT BY $180,000, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $450,000.
WHEREAS, on June 18, 2024 , the City of National City (“City”) entered into an agreement (the “Agreement”) with West Coast Arborists, Inc. to provide Urban Forestry Maintenance Services to assist the City’s Park st aff with ongoing tree trimming needs and demands for a not-to-exceed amount of $270,000, with an initial term of three (3) years, with the option to extend for up to three (3) one-year extensions; and
WHEREAS, based on the ir performance and quality of work, and to ensure the continuation of assistance and support to Parks staff necessitated by ongoing staffing issues, staff recommends approval of a First Amendment to the Agreement with West Coast Arborists, Inc. to increase the not-to-exceed amount by $180,000, for a total not-to-exceed amount of $450,000.
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 hereb y authorizes the Mayor to execute a First Amendment to the agreement with West Coast Arborists, Inc. to increase the not -to-exceed amount by $180,000, for a total not-to-exceed amount of $450,000.
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 20th day of January 2026.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Richard E. Romero, Acting City Attorney
AGENDA REPORT
Department: Police Department
Prepared by: Ron Gutlay, Management Analyst II
Meeting Date: Tuesday, January 20, 2026
Approved by: Alejandro Hernandez, Acting City Manager
SUBJECT:
Purchase of Thirty -two (32) Panasonic Toughbook Mobile Data Computers (MDC’s) for Police Department Officers for Use in Patrol Vehicles, Utilizing Funds Awarded by the C.O.P.S. Grants.
RECOMMENDATION:
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 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 National IPA Technology Solutions Contract #2018011 with CDW -G LLC for the Pu rchase of Thirty -two Panasonic Toughbook Mobile Data Computers in a Not-to-Exceed Amount of $134,541.81 for the National City Police Department.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The Police Department assigns Panasonic Toughbook Mobile Data Computers (MDCs) to its officers for use in patrol vehicles to support them in performing their duties. Over the past year, the department has proactively procured fifty (50) new MDC’s to outfi t all police vehicles within the patrol fleet. This forward planning was intended to stay ahead of nationwide demand, mitigate potential supply chain delays, and provide adequate lead time for our IT staff to test and configure the new devices to ensure operational readiness.
The Department is in need of purchasing an additional thirty -two (32) MDC’s in order to provide a computer to all patrol officers as well as the officers working uniformed assignments and having a requirement to use a police patrol vehicle to perform their duties. The thirty-two (32) additional MDC units are at a cost of $134,541.81. Each unit, which includes a two (2) year extended warranty above the (3) year manufacturer warranty, is priced at $3,905.54. Given that agencies across the country have either initiated or are preparing for the same transition, the availability of these devices is limited. The equipment will be purchased from CDW -G, a large IT solution provider that focuses on serving federal, state and local governmen ts, through the National IPA Technology Solutions Contract #2018011, utilizing funds from C.O.P.S. Grants.
NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdiction to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City’s procurement procedures, irrespective of the contracting
limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase.
National City’s Purchasing staff has confirmed that the National IPA Technology Solutions Contract #2018011 was competitively bid through a Request for Proposals (RFP) process, and that the National IPA Technology Solutions procurement procedures are in substantial compliance with those of National City.
FINANCIAL STATEMENT:
If approved, the cost to purchase the equipment will be $134,541.81. The expenditure will be charged to C.O.P.S. Grant account number as follows:
208-70-21-21604-7518- $11.24
208-70-21-21607-7518- $123.73
208-70-21-21617-7518- $1,360.13
208-70-21-21618-7518- $61,384.00
208-70-21-21619-7518- $71,662.71
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Public Safety
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 – Quote 1CJF50L
Exhibit B - Resolution
RESOLUTION NO. 2026-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
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 NATIONAL IPA TECHNO LOGY SOLUTIONS CONTRACT #2018011 WITH CDW -G LLC FOR THE PURCHASE OF THIRTY -TWO PANASONIC
TOUGHBOOK MOBILE DATA COMPUTERS IN A NOT -TO-EXCEED AMOUNT OF $134,541.81 FOR THE NATIONAL CITY POLICE DEPARTMENT.
WHEREAS, the National City Police Department assigns Panasonic Toughbook Mobile Data Computers (“MDCs”) to its officers for use in patrol vehicles for law enforcement purposes; and
WHEREAS, as of October 2025, Microsoft stopped supporting a key component of Windows 11, rendering current MDCs obso lete and incompatible for law enforcement purposes as they are currently utilized by the department; and
WHEREAS, the Police Department has already procured fifty (50) replacement MDCs , including the purchase of forty (40) MDCs authorized on June 3, 2025 via Resolution No. 2025- 59, but needs an additional thirty-two (32) MDCs to support its operations; and
WHEREAS, the City of National City has another opportunity to piggyback onto National IPA Technology Solutions Contract #2018011 with CDW-G LLC to allow for the purchase of thirty- two (32) MDCs for use in department patrol vehicles; and
WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City’s procurement procedures, and such a determination has been made in this case, therefore, it is recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code; and
WHEREAS, National City’s Purchasing staff has confirmed that the National IPA Technology Solutions Contract #2018011 with CDW -G LLC was competitively bid through a Request for Proposals process, and that the National IPA Technology Solutions procurement procedures are in substantial compliance with those of National City; and
WHEREAS, City staff recommends adoption of the resolution as stated.
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 waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizes the City to piggyback onto National IPA Technology Solutions Contract #2018011 with CDW-G LLC for the purchase of thirty-two (32) Panasonic Toughbook Mobile Data Computers in a not-to-exceed amount of $134,541.81 for the National City Police Department.
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 20th day of January, 2026.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Richard E. Romero, Acting City Attorney
AGENDA REPORT
Department: Fire Department
Prepared by: Walter Amedee, Emergency Manager
Meeting Date: Tuesday, January 20, 2026
Approved by: Alejandro Hernandez, Acting City Manager
SUBJECT:
Accept SDG&E’s 202 5 SAFE San Diego Grant Program Award of $ 5,000 for the City’s CERT Program.
RECOMMENDATION:
Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the City Manager or his Designee to Accept the San Diego Gas & Electric (SDG&E) 2025 SAFE San Diego Grant Program Funds in the Amount of $5,000 for the National City Community Emergency Response Team (CERT) Program and Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $5,000 in the Reimbursable Grants City-Wide Fund.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
Through the 2025 SAFE San Diego Grant Program, SDG&E has awarded funds to National City’s Community Emergency Response Team (CERT) whose programs and services support emergency preparedness and safety. The grant from SDG&E to the Burn Institute has made it possible to support local CERT Programs and is part of SDG&E’s commitment to make our region safer at home, in the workplace, and in neighborhoods throughout San Diego County. SDG&E has provided a check in the amount of $5,000 to the Burn Institute, which is a 501(c)(3) non-profit organization, who is serving as National City’s CERT fiscal agent to provide the grant funds.
Since 1972, the Burn Institute has been helping educate and inspire communities across San Diego and Imperial Counties to reduce burn injuries and empower those affected by burn trauma.
Among various programs, they are dedicated to educating elementary school students on fire safety, installing free smoke alarms in the homes of seniors , and offering burn survivor support programs for all ages and their families.
This grant helps National City CERT to recruit new CERT members, administer the CERT program, and promote disaster preparedness training through the National City CERT Program.
Staff recommends the establishment of an appropriation and corresponding revenue budget for $5,000.
FINANCIAL STATEMENT:
Expenditure Account # 282-70-22-22701-7226- Training, Travel & Subsistence: $5,000.00 Revenue Account # 282-70-22-22701-3498- Other Federal Grants: $5,000.00
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Public Safety
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 – Award Letter
Exhibit B – Resolution
RESOLUTION NO. 2026 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT THE SAN DIEGO GAS & ELECTRIC (SDG&E) 2025 SAFE SAN DIEGO GRANT PROGRAM FUNDS IN THE AMOUNT OF $5,000 FOR THE NATIONAL CITY COMMUNITY EMERGENCY RESPONSE TEAM (CERT)
PROGRAM AND AUTHORIZING THE ESTABLISHMENT OF A N APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $5,000 IN THE REIMBURSABLE GRANTS CITY-WIDE FUND.
WHEREAS, the San Diego Gas & Electric (SDG&E) 2025 SAFE San Diego Grant Program provides funding to Community Emergency Response Teams (CERT) in San Diego County whose programs and services support emergency preparedness and safety; and
WHEREAS, the Burn Institute is a 501(c)(3) non -profit established to help educate and inspire communities across San Diego and Imperial Counties to reduce burn injuries and empower those affected by burn trauma; and
WHEREAS, the Burn Institute and SDG&E notified City staff that the City has been awarded a grant of $5,000 to support the City’s CERT program; and
WHEREAS, City staff requests City Council authorize the City Manager to accept funds in the amount of $5,000 from the SAFE San Diego Grant Program and establish a reimbursable grants city-wide fund appropriation and corresponding revenue budget.
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 City Manager or his designee to accept funds in the amount of $5,000 from the SAFE San Diego Grant Program for the National City Community Emergency Response Team Program.
Section 2: That the City Council hereby authorizes the establishment of an appropriation and corresponding revenue budget in the amount of $5,000 in the Reimbursable Grants City-Wide Fund.
Section 3: That t he 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 20th day of January, 2026.
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Richard E. Romero, Acting City Attorney
AGENDA REPORT
Department: Finance
Prepared by: Sean W. Pfeifer, Management Analyst
Meeting Date: Monday, January 20, 2025
Approved by: Alejandro Hernandez, Acting City Manager
SUBJECT:
FY 2024-25 AB 1600 DIF Report
RECOMMENDATION:
Accept and file the report
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The City requires the payment of development impact fees on new development as authorized by State of California Government Code Section 66000 et seq., which is known as the Mitigation Fee Act. The Mitigation Fee Act requires that an annual report and five-year reports be prepared regarding the collection and use of the Development Impact Fees (DIF fees). Fees collected must be spent in a timely manner. If fees are not spent within a period of 5 years, the report must provide an expenditure plan that justifies keeping the revenues for a longer period. The attached report provides revenue and expenditure information since the inception of the DIFs, fulfills the annual reporting requirements, and addresses future spending plans for the unspent balances.
The development impact fees for Parks and Recreation, Police, Fire, and Library were established in 2005 and have not been updated since that time. The transportation fees were established in 2008 based on a fee study conducted by the San Diego Association of Governments (SANDAG) and have been adjusted annually for inflation based on direction from SANDAG.
In 2025 City Staff worked with DTA Consultants to r eexamine these impact fees to ensure that they continue to reflect the capital facility impacts of new development as the general plan evolves and the development of the City progresses. Recommendations to adjust the development impact fees will be brought to City Council at a Public Hearing on January 20, 2026.
FINANCIAL STATEMENT:
Since inception, the City has collected approximately $4.4 million in development impact fees for Parks, Police, Fire and Library facilities and approximately $ 3.96 million in transportation development impact fees. These fees are earmarked for City projects that offset the impact s of development on City infrastructure. See the attached report for details.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Housing and Community Development
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
EXHIBIT:
Exhibit A – AB 1600 Annual Report for Fiscal Year 2024-25
City of National City
Development Impact Fees
Annual Report for Fiscal Year 2024-25
Development Impact Fees FY 2024-25
City of National City
2 BACKGROUND
In 2005, the City Council adopted Resolution No. 2005-17, which established fees to be charged on new development in order to defray all or a portion of the cost of public facilities related to the development project. These fees were based on a study completed for the City by MAXIMUS, Inc. and Tischler & Associates and are known as development impact fees (DIFs). DIFs are permitted pursuant to the California Government Code beginning with Section 66000 (known as the Mitigation Fee Act). Pursuant to that resolution, the City collects impact fees for Police, Fire, Library, and Park facilities. While fees may be adjusted periodically to reflect construction cost increases, the City has not changed its fees since they were first adopted in 2005. The fees for these four categories are as shown in Table A below. In 2024 the City entered into an agreement with David Taussig and Associates to perform a study to recommend updates to the City’s DIF rates. The study was completed in late 2025, and updates to the Development Impact Fee schedule are expected to be made early in calendar year 2026. In 2008, the City Council adopted Ordinance 2310, which added Section 4.52 to the National City Municipal Code (NCMC) to establish a transportation development impact fee (TDIF). This fee was adopted to comply with the San Diego Association of Government’s (SANDAG’s) Regional Transportation Congestion Improvement Program (RTCIP) that requires the City to charge the fee to maintain eligibility for TransNet sales tax funding for transportation projects. SANDAG conducted a region-wide study which serves as the basis for the fee that was initially established at $2,000 per new residential unit. It is updated annually in accordance with direction provided by SANDAG. As of July 1, 2025, the TDIF is $2,741.97 per residential unit. No fee is collected for non-residential development.
While such a fee is provided for in the NCMC, its imposition has been suspended per section
4.52.090.
TABLE A: DEVELOPMENT IMPACT FEE SCHEDULE (non-transportation) Facility Type
Parks &
Recreation Library Fire/EMS Police Total
Residential Per Housing Unit
Single Family $858 $172 $126 $318 $1,474
Multi-Family (4 or greater) $692 $139 $102 $257 $1,190
Mobile Home/Other $849 $139 $124 $315 $1,427
Non-Residential Per 1,000 Square Feet/Per Room for Hotel Com/Shop Ctr 25,000 SF or less $1,009 $2,549 $3,558 Com/Shop Ctr 25,001 SF - 50,000 SF $809 $2,043 $2,852 Com/Shop Ctr 50,001 SF - 100,000 SF $652 $1,649 $2,301 Com/Shop Ctr 100,001 SF - 200,000 SF $530 $1,340 $1,870 General Office 10,000 SF or less $448 $1,133 $1,581 General Office 10,001 SF - 25,000 SF $400 $1,012 $1,412 General Office 25,001 SF - 50,000 SF $367 $929 $1,296 General Office 50,001 SF - 100,000 SF $332 $840 $1,172 Business Park $282 $713 $995
Industrial Park $195 $493 $688
Warehousing $113 $286 $399
Manufacturing $144 $366 $510
Lodging $107 $270 $377
Development Impact Fees FY 2024-25
City of National City
3 REPORTING
Government Code Section 66006 requires that an annual report be prepared regarding the collection and use of the fees. Fees collected must be spent in a timely manner. If fees are not spent within a period of 5 years, a report must be filed that provides an expenditure plan that justifies keeping revenues for a longer period.
HISTORICAL SUMMARY
Over the last twenty years, for the four facility types shown in Table A, the City has collected a combined total of $4,401,537.40 in development impact fees of which $3,032,562.48 has been spent. A summary of the total amount collected and spent by fiscal year is shown in Table B below followed by a graph (see Figure 1) that summarizes the revenues and expenditures by facility type. Tables C through F below break out the revenues and expenditures by year for those four facility types. The revenues and expenditures by year for the TDIF are shown in Table G below.
Ending balances for fiscal year 2024-25 are unaudited.
Development Impact Fees FY 2024-25
City of National City
4 TABLE B: NATIONAL CITY DEVELOPMENT IMPACT FEES (non-transportation) –
SUMMARY
Beginning
Balance Revenue Expenditures Ending
Balance
%
Spent
FY 2004-05 0.00 174,369.00 0.00 174,369.00
FY 2005-06 174,369.00 154,490.36 0.00 328,859.36
FY 2006-07 328,859.36 190,084.36 191,033.99 327,909.73
FY 2007-08 327,909.73 148,834.00 0.00 476,743.73
FY 2008-09 476,743.73 139,018.00 0.00 615,761.73
FY 2009-10 615,761.73 633,499.80 90,000.00 1,159,261.53 FY 2010-11 1,159,261.53 59,712.20 0.00 1,218,973.73
FY 2011-12 1,218,973.73 141,374.00 139,299.05 1,221,048.68 FY 2012-13 1,221,048.68 94,827.00 193,406.38 1,122,469.30 FY 2013-14 1,122,469.30 56,444.00 39,759.95 1,139,153.35 FY 2014-15 1,139,153.35 310,408.00 7,386.00 1,442,175.35 FY 2015-16 1,442,175.35 52,457.20 1,105,060.00 389,572.55 FY 2016-17 389,572.55 188,141.00 238,174.81 339,538.74
FY 2017-18 339,538.74 426,242.80 294,289.04 471,492.50
FY 2018-19 471,492.50 85,196.00 54,223.00 502,465.50
FY 2019-20 502,465.50 617,415.00 198,247.00 921,633.50
FY 2020-21 921,633.50 130,566.00 0.00 1,052,199.50
FY 2021-22 1,052,199.50 311,414.99 0.00 1,363,614.49
FY 2022-23 1,363,614.49 147,585.01 0.00 1,511,199.50
FY 2023-24 1,511,199.50 206,301.04 429,865.30 1,287,635.24 FY 2024-25 1,287,635.24 133,157.64 51,817.96 1,368,974.92 Total 4,401,537.40 3,032,562.48 1,368,974.92 68.9%
Total Revenue
Total Expenditures
$-
$500,000
$1,000,000
$1,500,000
$2,000,000
POLICE FIRE PARKS LIBRARY
Total Revenue $1,393,619 $579,345 $1,975,956 $452,618
Total Expenditures $1,127,008 $285,292 $1,410,262 $210,000 FIGURE 1
Impact Fees by Type FY2005 - FY2025
Development Impact Fees FY 2024-25
City of National City
5 FEE METHODOLOGY
There are three (3) methods that were used to determine the fees collected by the City for the Police, Fire, Parks and Library facilities. Each method requires that the spending of funds received be restricted as follows:
1) Plan Based Impact Fees – used for new facilities that will be needed due to the increase in development.
2) Cost Recovery Impact Fees – used to pay for existing facilities where the new development benefits from the remaining capacity and useful life of the facilities. 3) Incremental Expansion Impact Fees – used for expanding existing facilities to serve new development
Fees for Police, Fire, Library, and Parks facilities were calculated using one or more of the methods above depending upon the purpose of the fees.
STATUS OF THE FEE PROGRAM
This section, by facility type, describes the purpose for the fees, provides a history of revenues and expenditures since inception, describes how the money has been spent, and discusses the plans for future spending.
POLICE IMPACT FEES
All three (3) methods were used to calculate Police impact fees. The purpose for the fees as determined in 2005 was to accumulate funding to assist with the cost of a new police substation in conjunction with a new fire station, recover a portion of the costs associated with the police headquarters building and pay for the incremental addition of police vehicles. Revenue and expenditures are detailed below: