National City City Council
October 6, 2026

53 Attorney. The CC&R’s shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R’s shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs.

28.A corporation, association, property owners’ group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services.

29.A landscape and underground irrigation plan shall be submitted as part of the construction permitting process in compliance with Land Use Code Chapter 18.44. The landscaping and irrigation required by this approval shall be maintained for the life of the project.

30.Any plans submitted for construction shall be in conformance with all applicable development codes, including design, parking, and landscaping.

31.All items identified in the Repair Analysis shall be completed prior to approval of Final Map or the applicant shall submit a Lien Contract and Agreement not to Convey, subject to review and approval by the City Attorney, to ensure that the improvements for the project site are completed prior to recordation of the Final Map.

San Diego Gas & Electric

32.SDG&E easements shall be referenced and accurately plotted on the map.

33. Any improvements and/or Developments taking place within the SDG&E Private Easement footprint will require an Encroachment Request.

Sweetwater Authority

34. The TPM shall be revised to show and call out the Authority’s existing water main in Laurel Avenue. Include a call out for the Authority’s water main: “6” AC WATER MAIN.”

35.The TPM shall be revised to show and call out the existing 1-inch water service and meter and show the location of a proposed 1-inch Authority approved, lead-free, Reduced Pressure (RP) backflow preventer installed on private property at the edge of public right-of-way. Installation of an Authority approved backflow prevention device is a condition of continued service.

54 36.The owner shall be required to obtain permission for Sweetwater Authority’s General manager to serve the condominium complex since the property is owned in common, and the water account shall be opened by a Home Owners Association (HOA), in careof the common property.

37.Plans shall be submitted to Sweetwater Authority for any improvement plans to the existing dwellings to ensure the adequacy of the existing water meter, which is currently serving the four dwelling units.

Indemnification Agreement
The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.

BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council for review. The City Council may, at that meeting, review the decision of the Planning Commission and set the matter for public hearing.

BE IT FINALLY RESOLVED that this Resolution shall become effective and final following City Council review and thirty (30) days following the Planning Commission’s decision, unless an appeal is filed in writing with the City Clerk.

CERTIFICATION:

This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 21, 2026, by the following vote:

AYES:

NAYS:

55 ABSENT:

ABSTAIN: ________________________

CHAIRPERSON

56 RESOLUTION NO. 2026-09

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF NATIONAL CITY, CALIFORNIA

DENYING A CONDITIONAL USE PERMIT AND TENTATIVE PARCEL MAP TO

CONVERT A FOUR UNIT HOUSING DEVELOPMENT TO CONDOMINIUMS LOCATED AT 327-333 LAUREL AVENUE.

CASE FILE NO. 2025-18 CUP, TPM
APN: 554-023-07-00
WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit and Tentative Parcel Map to convert four existing detached single-family homes on one property to condominiums located at 327-333 Laurel Avenue. At a duly advertised public hearing held on September 21, 2026, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2025-18 CUP, TPM maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on September 21, 2026, support the following findings:

1. Granting the permit would be inconsistent with the National City General Plan because the property has a Low Density Residential General Plan Land Use Designation which allows up to 9 dwelling units per acre. The current density for the property is approximately 13 dwelling units per acre.

BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council for review. The City Council may, at that meeting, review the decision of the Planning Commission and set the matter for public hearing.

BE IT FINALLY RESOLVED that this Resolution shall become effective and final following the City Council review and thirty (30) days following the Planning Commission’s decision, unless an appeal is filed in writing with the City Clerk.

57 CERTIFICATION:

This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 21, 2026, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN: ________________________

CHAIRPERSON

58 ATTACHMENT 2
2025-18 CUP TPM – 327-333 Laurel Avenue – Overhead
N

59 ATTACHMENT 3

60 NOTICE OF PUBLIC HEARING

DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES), FOR A CONDITIONAL USE

PERMIT AND TENTATIVE PARCEL MAP TO CONVERT A FOUR UNIT HOUSING DEVELOPMENT TO CONDOMINIUMS LOCATED AT 327-333 LAUREL AVENUE.

CASE FILE NO.: 2025-18 CUP TPM
APN: 554-023-07-00
NOTICE IS HEREBY GIVEN that the National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, September 21, 2026, in the City Council Chambers, located at the Civic Center, 1243 National City Boulevard, National City, California, on the following item:

The applicant (Applicant: Joseph Scarlatti) proposes to convert four existing detached singlefamily homes on one property into individually owned condominiums. As condominiums, the units will be the same size and have the same floor plan as they currently exist. Proposed work includes repairs as identified in the repair analysis provided by the applicant, which are to be completed prior to the sale of the units. No new development is proposed. Planning Commission will also consider the staff determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 (Existing Facilities).

Information is available for review at the City’s Planning Division, Civic Center. Members of the public are invited to comment orally at the hearing or in writing. Written comments should be received by the Planning Division on or before 2:00 p.m., September 21, 2026 by submitting it to [email protected]. Planning staff can be contacted at 619- 336-4310 or [email protected].

Under California Government Code section 65009, if you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

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ATTACHMENT 6

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Public Hearing

CONDITIONAL USE PERMIT AND

TENTATIVE PARCEL MAP TO CONVERT A

FOUR UNIT HOUSING DEVELOPMENT
TO CONDOMINIUMS LOCATED AT 327-
333 LAUREL AVENUE
2025-18 CUP

Overhead

Site Characteristics
Located in the RS-2 Zone
 East side of Laurel Avenue, between East 3rd and East 4th Street  13,566 square feet
 Configured as a Flag Lot
 Driveway 20 feet in width and 150 feet in length, while the overall lot has an approximate width of 77 feet and a depth of 293 feet
Surrounded by single family and multifamily development Four existing detached single-family homes
 720 square feet
 Single story
 Built in 1958
 In fair condition
 Upgrades to be done

Front View

Overview

Proposal
The applicant proposes to convert four existing detached single-family homes on one property into individually owned condominiums
Proposed work includes repairs as identified in the repair analysis Repair to be completed prior to the sale of the units
Same size and have the same floor plan as they currently exist No new development is proposed

Map

Analysis
 General Plan Consistency
 Policy LU-2.1 encourages the development of a variety of housing types  The conversion of rental units into for-sale condominiums provides four new homeownership opportunities
 Policy LU 2.3 encourages housing types that are more affordable, such as micro-units  The existing units are only 720 square feet, which could provide greater affordability compared to newer larger units
 Housing Element Policy 5.4 supports increased homeownership across all income levels  The conversion of these rental units to condominiums will provide four new homeownership properties within the City

Analysis (cont.)
 General Plan Consistency
 General Plan Density
 Low Density Residential land use designation
 Allows up to 9 dwelling units per acre and provides for a mixture of duplexes and single-family residential developments
 The property’s current density is approximately 13 dwelling units per acre  Exceeds the General Plan density
 The development was permitted by right at the time of construction  Additionally, with new state laws such as Senate Bill 9, increased density in single-family zones is more common

Analysis (cont.)
 Subdivision Ordinance and Subdivision Map Act Consistency  The proposed subdivision (condominium, conversion) is consistent with the Subdivision Ordinance
 The existing lot meets minimum lot size and lot width dimensions  No new property lines or development is proposed
 Required improvements are included as conditions of approval  The proposal is consistent with the the Subdivision Map Act  Notice to tenants of the intention to convert, filing of the final map, and right of tenants to exclusive contract for purchase in condominium projects
 Applicant has provided notice to the tenants in compliance  Requirements included in the Conditions of Approval

Analysis (cont.)
 Land Use Code Consistency
 The code allows the conversion of existing rental properties to condominiums subject to issuance of a Conditional Use Permit (CUP)
 Requires consistency with the Housing Element goals and objectives  Necessary upgrades per the Physical Elements Report will be completed prior to the sale of any unit  The Physical Elements Report identified the overall property condition as fair  Applicant provided a Repair Analysis which identifies all of the repairs that will be completed prior to the sale of the units
 This is included as a condition of approval

Comments/Conditions
Comments
Engineering Department, Fire Department, Building Division, and Sweetwater Authority  Standard requirements related to tentative maps, final map procedures, and improvements  Any future development on site
 Sweetwater Authority provided comments related to water service Conditions of approval
Covenants, Conditions and Restrictions (CC&Rs) and a homeowner’s association to ensure that the property is adequately maintained in the future  Conditions related to Subdivision Map Act requirements and conditions related to department comments

Summary
The proposed project is consistent with:
General Plan
Housing Element
Subdivision Ordinance
Subdivision Map Act
Land Use Code
Project will provide four new homeownership opportunities within the City

Options
• Find project exempt from CEQA & approve 2025-18 CUP, TPM based on findings listed in the draft resolution / findings determined by the Commission; or • Find project not exempt from CEQA and/or deny 2025-18 CUP, TPM based on findings listed in the draft resolution / findings determined by the Commission; or • Continue the item for additional information
• Staff recommending approval
• Notice of Decision to City Council

AGENDA REPORT
Department: Planning
Prepared by: David Welch, Principal Planner
Meeting Date: Tuesday, October 6, 2026
Approved by: Douglas J. Schulze, City Manager
SUBJECT:

Notice of Decision – Planning Commission Decision of a Conditional Use Permit (CUP) and Coastal Development Permit (CDP) for Auto Body Repair and Paint (Caliber Collision Center) to be Located at 402 West 35th Street, Suites A & C.

RECOMMENDATION:

Staff recommends approval of the Conditional Use Permit and Coastal Development Permit for Auto Body Repair and Paint (Caliber Collision Center), subject to the recommended conditions in the attached Planning Commission Resolution No. 2026-10, and a determination that the project is exempt from CEQA. The project is consistent with the General Plan, Land Use Code, and Local Coastal Program.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

The Planning Commission recommended approval of the Conditional Use Permit and Coastal Development Permit by a vote of 5-1.

Ayes: Armenta, Gogue, Miller, Quinones, Valenzuela; Nays: Castle-Salgado EXPLANATION:

The applicant applied for a Conditional Use Permit and Coastal Development Permit to convert two existing commercial suites within an existing light industrial building into an auto body and paint shop (Caliber Collision Center). The proposed facility would include two spray booths, a paint mix room, and a wash bay with clarifier. The business has operated for several years at a location at 2013 Haffley Avenue and is relocating to the proposed site. The new facility will be approximately 21,237 square feet in size and will operate from 7:30 a.m. to 5:30 p.m. Monday through Friday. 65 parking spaces are required for existing and proposed uses on the property and 119 are provided. Vehicles that are to be serviced at the site will be stored both indoors and outdoors within a gated and screened area.

The Planning Commission conducted a public hearing on September 21, 2026, and voted to recommend approval of the request based on the attached findings and conditions of approval in Exhibit A, Planning Commission Resolution No. 2026-10. The attached Planning Commission staff report in Exhibit B describes the proposal in detail.

FINANCIAL STATEMENT:

An application fee of $4,250 was paid with the submittal of the subject CUP and CDP. Fees are anticipated to cover the cost of staff review time and processing the permit.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Balanced Budget and Economic Development

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

The Agenda Report was posted at least 72 hours before the 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 – 2026-04 CUP CDP PC Resolution
Exhibit B – 2026-04 CUP CDP Staff Report
Exhibit C – PC PowerPoint Slides

EXHIBIT A

Item no. 10
September 21, 2026

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

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

PROJECT IS CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION
15301 (EXISTING FACILITIES) AND A CONDITIONAL USE

PERMIT AND COASTAL DEVELOPMENT PERMIT FOR

AUTO BODY REPAIR AND PAINT (CALIBER COLLISION
CENTER) TO BE LOCATED AT 402 WEST 35TH STREET,
SUITES A & C.

Case File No.: 2026-04 CUP, CDP
Location: 402 W. 35th St., Suites A & C
Assessor’s Parcel No.: 562-310-59-00
Staff report by: David Welch, Principal Planner
Applicant: Rely-On Technologies
Zoning designation: Light Manufacturing – Coastal Zone (ML-CZ) Adjacent use and zoning:

North: Light industrial / ML-CZ
East: Light industrial / ML-CZ
South: Marshland and City of Chula Vista / ML-CZ
West: MTS Trolley and Interstate 5 / Rights-of-Way
Environmental review: Categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities)
Staff recommendation: Approve

EXHIBIT B

Planning Commission
Meeting of September 21, 2026

Staff Recommendation
Staff recommends approval of the proposed project requesting a Conditional Use Permit (CUP) and Coastal Development Permit (CDP) for the operation of an auto body repair and paint shop subject to the recommended conditions in the attached resolution and a determination that the project is exempt from CEQA. The automotive body repair and paint are conditionally-allowed uses in the Light Manufacturing (ML) zone.

Executive Summary
The applicant is proposing to convert two existing commercial suites within an existing light industrial building into an auto body and paint shop (Caliber Collision Center). The proposed facility would include two spray booths, a paint mix room, and a wash bay with clarifier. The business has operated for several years at a location at 2013 Haffley Avenue and is relocating to the proposed site. The new facility will be approximately 21,237 square feet in size and will operate from 7:30 a.m. to 5:30 p.m. Monday through Friday. 65 parking spaces are required for existing and proposed uses on the property and 119 are provided. Vehicles that are to be serviced at the site will be stored both indoors and outdoors within a gated and screened area.

Site Characteristics
The applicant intends to operate an auto body and paint shop at 402 W. 35th Street, west of National City Boulevard and south of State Highway 54. The MTS Blue Line Trolley and Interstate 5 are also directly to the west. The site is within the Light Manufacturing (ML) zone of the previous Land Use Code (LUC) and the Coastal Zone (CZ). The developed area is primarily commercial/light industrial along West 35th Street, which is a cul-de-sac. The site abuts marshland directly to the south and multi-family residential uses exist across the marsh within the City of Chula Vista. The existing site is approximately 97,000 square feet in area and occupied by a multi-tenant 39,684 square-foot light industrial building surrounded by 119 on-site parking spaces. The applicant would occupy Suites A & C of the existing structure, which provide a combined square footage of approximately 21,237 square feet.

Proposed Use
The applicant proposes to open an auto body and paint shop at the subject location. The proposed tenant, Caliber Collision, is a national chain of more than 1,800 locations that specializes in the repair of vehicles that have been in collisions. The business currently has a location in National City at 2013 Haffley

Planning Commission
Meeting of September 21, 2026

Avenue, which was approved with a CUP in 2008, although the new facility will be replacing that previously-approved location. The use requires specialized equipment including two spray paint booths, a paint mix room, and a wash bay with clarifier. The use is subject to permits with San Diego County Air Pollution Control District (SDAPCD) and is considered a “priority project” under applicable storm water requirements. The business will operate Monday through Friday from 7:30 a.m. to 5:30 p.m. with approximately 15 employees. Both auto body repair and auto painting are permitted within the ML zone with approval of a CUP. A CDP is also required for any projects within the Coastal Zone that need a CUP.

Analysis
The proposed location for the auto body repair and paint use is within the CZ.

The previous LUC remains applicable within this portion of the City due to unresolved inconsistencies between the City’s Local Coastal Program (LCP) and the current General Plan. Therefore, the proposed project is subject to the standards of the ML-CZ zone and Chapter 18.72 of the previous LUC. Both auto body repair and auto painting are permitted within the zone with approval of a CUP. The existing site is also compliant with design standards for the zone including minimum lot area, which is 7,500 square feet for the proposed use, minimum frontage, and setbacks.

Chapter 18.72 has specific requirements for screening automotive service uses and automobile painting and accessory body work. Screening is required when a service use adjoins a residential zone. Painting is required to be conducted within an enclosed building and there are limits on the hours of operation for painting and body work. The subject site shares a property line with multi-family residential properties within the City of Chula Vista, but some separation exists due to the marsh. Staff requested screening along the southern border of the property due to the direct line of site from residential units and the applicant added this to their revised plans. Painting is only proposed within the existing enclosed building and the requested hours of operation are less than the code requirement.

Due to the nature of the proposed use, the applicant will be required to obtain an air quality permit from the Air Pollution Control District (SDAPCD) and applicable storm water permit through the Engineering Department. Conditions of approval are included in the attached resolution to ensure permits are obtained prior to the commencement of any service or repair activities on the site.

Planning Commission
Meeting of September 21, 2026

The previous CUP for Caliber Collision at 2013 Haffley Avenue was approved with several conditions of approval recommended by the Environmental Health Coalition (EHC) to ensure the business would operate in a manner that would limit the potential to exacerbate air quality issues faced by residents, employees, and visitors in National City. Staff has included previously recommended conditions of approval in the attached draft resolution that are reasonably related to the operation of the proposed business.

Mailing
All property owners and occupants within 300 feet of the property are required to be notified of a public hearing for CUP and CDP applications. Notice of this public hearing was sent to 102 occupants and owners. No comments have been received as of writing this report.

Recommended Findings for the CUP and CDP
Required Findings of Approval
The following are the required findings of approval for the CUP:

1. The site for the proposed use is adequate in size and shape: Auto body repair and paint are allowable within the Light Manufacturing zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code, as discussed in the staff report. The area of the site exceeds the required minimum lot area of 7,500 square feet for the proposed use.

2. The site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use: The use is proposed for an existing building which was previously analyzed for traffic impacts when it was constructed. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

3. The proposed use will not have an adverse effect upon adjacent or abutting properties: No expansion of the building is proposed. The proposal involves an existing commercial space, which is similar to the development on adjacent properties. The conditions of approval for the subject use will

Planning Commission
Meeting of September 21, 2026

ensure the it is operated in a manner that will not produce significant impacts related to air quality, noise, or water quality.

4. The proposed use is deemed essential and desirable to the public convenience or welfare: The proposal to operate an auto body and repair shop with painting will expand options for the repair of vehicles that have been damaged due to collisions. This will allow for owners to receive services in a timely manner and have their vehicles restored to an operable condition.

In addition, projects in the Coastal Zone require two conditions related to CDPs:

5. The granting of said Coastal Development Permit will be consistent with all other plans and ordinances of the City of National City: The proposed use is permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan.

6. The granting of said Coastal Development Permit will be consistent with and implements the Certified Local Coastal Program: The project involves an auto body repair and paint shop, which is conditionally allowed in the ML zone. Only minor modifications to an existing structure are proposed and there is no possibility of an impact to coastal access or views resulting from the proposed project.

Furthermore, a finding has been included in the draft resolution with regard to compliance with the California Environmental Quality Act (CEQA):

7. California Environmental Quality Act (CEQA): The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit and Coastal Development Permit.

The reason for the exemption is that the use is proposed within an existing commercial building, and the use is similar to other commercial uses in the area, which are permitted in the Light Manufacturing zone.

Optional Finding for Denial

Planning Commission
Meeting of September 21, 2026

The following finding is recommended should the Planning Commission consider the denial of the request:

1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use could produce fumes from the painting of vehicles and/or vehicles parts as well as noise from the conduct of auto body work.

Department Comments/Conditions of Approval
The Planning Division received comments from the Building Division, Engineering Department, and Fire Department related to the proposed use and building modifications. In addition, San Diego County Air Pollution Control District provided a comment stating an air quality permit would also be needed prior to operation. These comments have been added as conditions of approval in the attached Resolution. Furthermore, staff is also recommending conditions related to hours of operation, noise, and previous concerns related to air quality from the Environmental Health Coalition.

Summary
The proposed project is an auto body repair and paint shop to be located on a property zoned for light manufacturing uses. The use is permitted with the approval of a Conditional Use Permit. The site is adequate for the proposed use and the proposed conditions of approval will alleviate the potential for nuisances to adjacent properties. The use is proposed for an existing building and is eligible for an exemption from environmental review under Class 1, Section 15301 (Existing Facilities) under the CEQA guidelines.

Planning Commission Options

1. Find the project exempt from CEQA under Class 1 of the CEQA Guidelines Section 15301 or other exemption and approve 2026-04 CUP, CDP subject to the conditions included in the Resolution, or other conditions, and based on the findings included in the Resolution, or other findings to be determined by the Planning Commission; or,

2. Find the project not exempt from CEQA and/or deny 2026-04 CUP, CDP based on the attached findings, or findings to be determined by the Planning Commission; or,

Planning Commission
Meeting of September 21, 2026

3. Continue the item to a specific date in order to obtain additional information.

Attachments

1. Draft Resolutions

2. Overhead

3. Applicant's Plans (Exhibit A, Case File No. 2026-04 CUP, CDP, dated (7/17/2026)

4. Public Hearing Notice (Sent to 102 property owners & occupants)

ATTACHMENT 1
RESOLUTION NO. 2026-10

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF NATIONAL CITY, CALIFORNIA DETERMINING THAT THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND APPROVING A

CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR AUTO

BODY REPAIR AND PAINT (CALIBER COLLISION CENTER) TO BE LOCATED AT 402 WEST 35TH STREET, SUITES A & C.

CASE FILE NO. 2026-04 CUP, CDP
APN: 562-310-59-00
WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit and Coastal Development Permit for auto body repair and paint (Caliber Collision Center) to be located at 402 West 35th Street, Suites A & C at a duly advertised public hearing held on September 21, 2026, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2026-04 CUP, CDP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on September 21, 2026, support the following findings:

1. The site for the proposed use is adequate in size and shape because auto body repair and paint are allowable within the Light Manufacturing zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code, as discussed in the staff report. The area of the site exceeds the required minimum lot area of 7,500 square feet for the proposed use.

2. The site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use because the use is proposed for an existing building which was previously analyzed for traffic impacts when it was constructed. The site is

physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

3. The proposed use will not have an adverse effect upon adjacent or abutting properties because no expansion of the building is proposed. The proposal involves an existing commercial space, which is similar to the development on adjacent properties. The conditions of approval for the subject use will ensure the it is operated in a manner that will not produce significant impacts related to air quality, noise, or water quality.

4. The proposed use is deemed essential and desirable to the public convenience or welfare because the proposal to operate an auto body and repair shop with painting will expand options for the repair of vehicles that have been damaged due to collisions. This will allow for owners to receive services in a timely manner and have their vehicles restored to an operable condition.

5. Granting said Coastal Development Permit will be consistent with all other plans and ordinances of the City of National City because the proposed use is permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan.

6. Granting said Coastal Development Permit will be consistent with and implements the Certified Local Coastal Program because the project involves an auto body repair and paint shop, which is conditionally allowed in the ML zone.

Only minor modifications to an existing structure are proposed and there is no possibility of an impact to coastal access or views resulting from the proposed project.

7. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit and Coastal Development Permit. The reason for the exemption is that the use is proposed within an existing commercial building, and the use is similar to other commercial uses in the area, which are permitted in the Light Manufacturing zone.

BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions:

General

1. This Conditional Use Permit authorizes auto body repair and paint for a new business to be located at 402 W. 35th Street, Suites A & C. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2026-04 CUP, CDP dated 07/17/2026.

2. Before this Conditional Use Permit and Coastal Development Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Coastal Development Permit. The applicant or owner shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant or owner shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit and Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation.

3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code.

4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time.

5. This Conditional Use Permit and Coastal Development Permit may be revoked if the operator is found to be in violation of any Conditions of Approval or applicable law.

6. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department.

Building

7. Plans must be prepared by a California Licensed Design Professional (Architect or Engineer).

8. Provide information about the Construction Type for the existing building.

9. Provide information about the existing square footage of the building.

10.Provide information as to any fire rated or area separation walls that exist in the building.

11.Provide information as to whether the building is equipped with fire sprinklers.

12.Provide information about the existing occupancies in the rest of the building.

13.Provide information as to the type of work to be done in the proposed areas and hazardous material quantities under maximum allowable quantities and type of activities to determine if S-1, or H Occupancy. This determines the occupancy type, ventilation requirements, etc. (e.g., is there open flame welding, just parts replacement, etc.)

14.If curtains are being proposed in-between any of the stalls, they shall be fire treated materials. Check requirements with National City Fire Department.

15.Sprinklers will need to be altered with the demo and new construction. Plans shall be submitted directly to the National City Fire Department.

16.Engineering package will be required for stationary racks over 5 ft. 9 in., anchorage for lifts, frame rack and spray booths (manufacturer of these items should provided engineering package).

17.Engineering will more than likely be required for added RTUs for air/dust scrubbers and ventilation requirements due to their weight.

18.Paint spray booth terminations in relation to any other intake vents and or property lines are to be identified.

19.Commodities report and material safety data sheets required. Provide quantities of all products including solvents and cleaning agents.

20.Parts storage racks over 12 feet will require High Pile Storage permitting through National City Fire Department.

21.Rated wall required between office and shop in Suite C since office is over 10%.

22.Electrical load calcs, panel schedules, emergency, egress lighting and classified areas in and around the paint booths will need to be identified.

23.Provide at least one non-gender bathroom in Suite A.

24.Protective bollards will be required at areas like the mechanical room corners close to vehicular traffic paths.

25.Air Pollution Control District (APCD) approval required.

26.Hazardous Materials Management Division (HMMD) approval required.

Engineering

27.The Storm Water BMP Requirements Applicability Form I-1 and if required I-2 checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for building review of City Departments. The checklist is available at the Engineering Division web site at the link below*. If it is determined that the project is subject to the “Priority Project Permanent Storm Water BMP Requirements” and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit.

The SUSMP shall be prepared by a Registered Civil Engineer. *http://www.nationalcityca.gov/home/showpublisheddocument/13794/636287938258 00000
Fire

28.Plans are to be designed, fabricated, and installed to code.

29.Project to be in compliance with the current editions of NFPA, CFC 2025 Edition, Title 19 and local City of National City Municipal Codes.

30.Fire Sprinkler, Fire Alarm and Fire Suppression plans shall be evaluated for intended use, and are to be directly submitted to the National City Fire Department under separate permit review and permitting. Fees along with 3 sets of plans including all “Cut Sheets and Calculations” shall be included upon submittal. Plan review shall be 30-day plan review process or 21 working days. No over the counter plan reviews accomplished/no exceptions. It shall be unlawful to occupy any portion of the building or structure until the fire detection, alarm and suppression system have been tested and approved.

31.Fire extinguishers shall be places throughout the business in accordance to Chapter 9 of the California Fire Code (CFC).

32.Applicant will be evaluated for CFC Chapter 1 Section 105 permits for the use and storage of flammable liquids, hot work, repair garage, etc. if required by code.

Planning

33.Prior to the commencement of operations, the applicant shall show proof of all necessary permits from the following County and State agencies: County of San Diego Department of Environmental Health; San Diego County Air Pollution Control District, State of California Department of Toxic Substances Control; California Department of Consumer Affairs, Bureau of Automotive Repair, and California State Board of Equalization.

34.Prior to the commencement of operations, all improvements required by the conditions of approval shall be completed and a final shall be obtained for all related permits.

35.Auto body repair and paint shall only be permitted between the hours of 7:30 a.m. to 5:30 p.m. Monday through Friday.

36.All inoperable and/or damaged vehicles submitted for repair shall be stored on the property and not on City Streets. No vehicle sales shall be allowed on the property without first obtaining Department of Motor Vehicle and City approvals.

37.All outdoor locations on site where vehicles will be stored shall be screened by a minimum of six foot high opaque fencing or walls.

38.Existing landscaping on site shall be maintained in good condition in compliance with Chapter 18.44 of the Land Use Code for the life of the project.

39.All trash enclosures on site shall have a roof.

40.Applicant shall use all water-based paints and coatings to limit emissions and worker exposure. No solvents shall be used.

41.Emissions at the proposed facility shall be controlled to an overall capture/destruction efficiency of at least 90% by weight, in accordance with Best Available Control Technology (BACT) Emission Rate Limits for Autobody and Paint Shops, as listed in APCD’s New Source Review Requirements.

42.Applicant shall obtain certification as a “green business” as defined by the San Diego County Department of Environmental Health’s Green Business Program for auto repair facilities.

43. A sign permit shall be obtained for any new signage on the site associated with the new repair business.

44.The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.

Indemnification Agreement
The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the

event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.

BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council for review. The City Council may, at that meeting, review the decision of the Planning Commission and set the matter for public hearing.

BE IT FINALLY RESOLVED that this Resolution shall become effective and final following City Council review and thirty (30) days following the Planning Commission’s decision, unless an appeal is filed in writing with the City Clerk.

CERTIFICATION:

This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 21, 2026, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN: ________________________

CHAIRPERSON

RESOLUTION NO. 2026-10

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF NATIONAL CITY, CALIFORNIA

DENYING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT

FOR AUTO BODY REPAIR AND PAINT (CALIBER COLLISION CENTER) TO BE LOCATED AT 402 WEST 35TH STREET, SUITE A & C.

CASE FILE NO. 2026-04 CUP, CDP
APN: 562-310-59-00
WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit and Coastal Development Permit for auto body repair and paint (Caliber Collision Center) to be located at 402 West 35th Street, Suites A & C at a duly advertised public hearing held on September 21, 2026, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2026-04 CUP, CDP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on September 21, 2026, support the following findings:

1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use could produce fumes from the painting of vehicles and/or vehicles parts as well as noise from the conduct of auto body work.

BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council for review. The City Council may, at that meeting, review the decision of the Planning Commission and set the matter for public hearing.

BE IT FINALLY RESOLVED that this Resolution shall become effective and final following the City Council review and thirty (30) days following the Planning Commission’s decision, unless an appeal is filed in writing with the City Clerk.

CERTIFICATION:

This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 21, 2026, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN: ________________________

CHAIRPERSON

ATTACHMENT 2
2026-04 CUP, CDP – 402 W. 35th Street – Overhead
N

PROPOSED CALIBER

COLLISION
21,252 SQ FT
SUIT A AND SUIT C
21 10
9 10
12 2
14 7
2 EXISTING

TRANSFORMER

ADJACENT
TENANT NOT IN
SCOPE OF
WORK

EXISTING

DUMPSTERS

EXISTING

DUMPSTERS

ADJACENT
TENANT NOT IN
SCOPE OF
WORK
REMOVE EXISTING
CHAINLINK ENCLOSURS

9.0'

20.0'

9.0'

20.0'

9.0'

20.0'

9.0'

20.0'

9.0'

18.0' 18.0'

9.0'

18.0'

9.0'

20.0'

18.0'
20'­0" FIR LANE
20'­0" FIR LANE
20'­0" FIR LANE
20'­0" FIR LANE
20'­0" FIR LANE
KNOX BOX
KNOX BOX

EXISTING

LANDSCAPE

EXISTING

LANDSCAPE
EXIST. SLIDING
GATE REPAIR AS NEEDE
20'­0" FIR LANE
20'­0" FIR LANE

EXISTING
GAS METER
FDC

CONNECTION

EXISTING

ASPHALT
PAVING
6"curb
EXISTING 6'­0" TALL CHAIN
LINK FENCE W SELF LOCKING
VINYL PRIVACY SLATS BLACK
STRIPS
NEW 20' CHAINLINK SWING
GATE WITH NEW SELF LOCKING
VINYL PRIVACY SLATS BLACK
STRIPS

EXISTING

BOLLARDS
SP1.0
02 EXISTING 6'­0" TALL CHAIN
LINK FENCE W SELF LOCKING
VINYL PRIVACY SLATS BLACK
STRIPS
EXISTING MAIN

ELECTRICAL
PANEL

EXISTING
SIDE WALK
KEY DROP
NOTE:

REMOVE DEBRIS
AND WEEDS THROUGH
OUT THE SITE
SP1.0
03 EXISTING

ASPHALT
PAVING

9.00'

20.00'

9.00'

9.00'

5.50'

5.50'

5.50'

6.00' 6.60'
KNOX LOCK GATE LOCK
1 1/2" STEEL CANE BOLT SLEEVES
3/4" STEEL PIVOTING CANE BOLTS
PROVIDE 4" DEEP SLEEVES IN EXIST. PAVEMENT, TO
BE COMPATIBLE WITH SIZE OF CANE BOLTS AT
LOCATIONS TO BE FIELD VERIFIED TO ENABLE GATES
TO BE SECURELY HELD IN AN OPEN POSITION.

FIELD VERIFY TYPE OF EXISTING
PAVEMENT, FENCE FOOTINGS BY
FENCE CONTRACTOR
SPRING LOADED CASTER
WHEEL,  REF. 02/SP1.1
4"
6'­0"
6'­4"
22'­0"
B ­ PLAN VIEW
A ­ ELEVATION05/SP1.1
CHAINLINK FENCING WITH
BLACK VERTICAL VINYL
PRIVACY SLATS
22'­0"
CLEAR FIRE LANE OPENING (HOLD)
RECESS FOR GATE PIN
3/4" STEEL PIVOTING CANE BOLTS
INTERMEDIATE STEEL BRACING
WELDED W/ WELDS GRINDED
SMOOTH SPACED EQUALLY
INTERMEDIATE STEEL BRACING
WELDED W/ WELDS GRINDED
SMOOTH SPACED EQUALLY CHAINLINK FENCING WITH
BLACK VERTICAL PRIVACY
SLATS
SPRING LOADED CASTER
SP1.0

SITE PLAN
TRUE
NORTH
LEGEND
LS =     LANDSCAPED AREA (EXISTING)
EXISTING TREE
EXISTING SHRUBS

1. STRIPE PARKING LOT AS SHOWN.  PROVIDE
4" WIDE  STRIPING, COLOR PER CITY STANDARDS.

2. PATCH AND REPAIR DAMAGED ASPHALT/CONCRETE
PAVING AREAS AS NEEDED. RE­SEAL ALL PAVED
AREAS WITHIN THE PROPERTY LINES.

3. PROVIDE A KNOX PADLOCK AT THE
GATES. PROVIDE A KNOX BOX 3500 SERIES MAIN
BUILDING ENTRY AND ACCESSORY BUILDING MOUNTED AT
FIRE MARSHALS 5'­0 A.F.F.

4. CONTRACTOR TO MAINTAIN EXISTING
LANDSCAPING  DURING CONSTRUCTION.

SITE GENERAL NOTES:

TOTAL BUILDING SQ FT, SUIT "A" AND SUIT "C"........   21,252 SQ FT ZONING...................................   C­2 (GENERAL COMMERCIAL) USE:.........................................   AUTO BODY PAINT & REPAIR SHOP PARKING:

EMPLOYEE PARKING = .............................21 SPACES SHORT TERM VEHICLE STORAGE:..........64 SPACES
TOTAL PARKING PROVIDED.....................85 SPACES

SITE DATA

CALIBER COLLISION
402 WEST 35TH ST SUITE "A"
NATIONAL CITY, CA.

DATE:

ISSUE LOG

NO DATE
PROJECT NUMBER:
26519
SHEET NUMBER
COPYRIGHT © 2024
DRAWINGS ISSUED FOR:

PERMIT SET
07/03/2026 ARCHITECT: BRET FLORY 1913 GARDENGROVE COURT PLANO, TX 75075 P: 972.467.9749 Bret
FLORY
CALIBER PARKING STALLS
EXISTING ADJACENT TENANT
PLAN
NORTH
02 SCALE:

ENLARGED HC. STALLS
1" = 10'-0" 02 SCALE:

SITE PLAN
1" = 30'-0"
03 SCALE:

CHAIN LINK SWING GATE PLAN AND ELEVATION
3/8" = 1'-0"
TOTAL BUILDING AREA:................................. ± 39,900 SQ FT 18,648 SQ FT @ 1/500 =..................................38 SPACES REQUIRED 21,252 SQ FT @ 1/800 =..................................27 SPACES REQUIRED TOTAL REQUIRED:..........................................65 SPACES REQUIRED TOTAL PROVIDED:...........................................119 SPACES OPEN AVAILABLE PROVIDED:........................55 SPACES GATED FOR SUITES A­C:................................64 SPACES 10 6
18 EXHIBIT A
CASE FILE NO.: 2026-04 CUP, CDP
DATE: 7/17/2026
ATTACHMENT 3 Page 265 of 483
01 A4.0 LOBBY 100 BULLPEN 103 HALLWAY 104 UNISEX SHOP RR106 FRAME RACK PAINT BOOTH PAINT BOOTH 100 02/A2.0 01/A2.0 03/A2.0 SLOPE 1%
SLOPE
.125/FOOT SLOPE 1% A1.60
SLOPE
.125/FOOT TYP A1.50 A1.10 A1.20 A1.30 A1.40 MIXING ROOM A 48" 48" REMOTE PC POWER/ DATA CAR ENTRY 18" 48" 84" 84" 18" BCDE 42" 42"
18"18" 18" 18"
18"18"
WP/GFI 48" WP/GFI 48"
@ 84"@ 84" 1 2 3 4 5 F 18" 18" 18"18"
18"18" 18" 18" 18"18"
18"18" 18"
18"
38" 38"
38" 38" 18" 18" 18" 18"
18"18" 18" 18"
18"18"
CNTL
LIFT
CAR ENTRY GFI 42" GFI 18" GFI 42" 42"42" UNISEX RR105 GENERAL MANAGER 101 WORK SHOP 109 BREAK ROOM 111 SHOP RR112 EXISTING ELECTRICAL ROOM 115 WORK SHOP 110 PARTS 114 A1.10 A1.20 A1.30 A1.40 109 109A 113 A1.70 A1.70 A1.80 A1.90 A1.100 A1.110 A1.110 A1.110 A1.110 A1.110 EXISITNG ADJACENT TENANTS NOT IN THE SCOPE OF WOR A1.100 TYP A1.100 TYP A1.110 IT107 DETAIL BAY 108 02 A4.0 110 110A 110B 110C 115 115A 110D 110E TWIN POSTS A1.150 A1.140 MANAGER OFFICE 102 STORAGE 113 SHOP RR112A ADAS PAINT PREP HALLWAY 107A 07/A5.0 06/A5.0 005A5.0 4'­3 1/2" 29'­4 3/8" 11'­6" 11'­6" 11'­8" 11'­8" 6'­3 7/8" 11'­4" 11'­2" 11'­2" 20'­0" 20'­0"
3'­8 3/8" 20'­0" 20'­0" 20'­0"
4'­11 5/8" 12'­0" 44'­0" 20'­0" 2'­8" 11'­6" 11'­6" 4'­8" 20'­6" 5'­3 7/8" 20'­0" 20'­0" 4'­0"
3'­4" 11'­6" 11'­6" 11'­6" 14'­1" 16'­2" 11'­6" 2'­2" 12'­0" 2'­0" 1'­9 1/8" 20'­0" 26'­4" 4'­11 3/4" 33'­6 5/8" 16'­2" 28'­2" 6'­0" 4" 11'­6"
4" 4" 4" 4"
20'­0"
16'­9"
6'­4"
5'­0" 3'­0" 11'­10"
20'­0"
11'­8 3/8"
3'­8 3/8" 4" 11'­2" 11'­2" 11'­2" 9'­4 1/8"
13'­11 5/8" 12'­0" 27'­2 3/4"
7'­2 3/4" 20'­0" 19'­9 1/4" 19'­6" 23'­7 1/4"
8'­6 1/8" 17'­8 5/8" 6'­8 3/8" 7'­7 1/2" A1.120    GENERAL NOTES: FLOOR PLAN: 1. ALL DIMENSIONS NOTED OR SHOWN ARE TAKEN FROM FACE OF STUD/ CMU UNLESS NOTED OTHERWISE. 2. ALL EQUIPMENT IS NOT SHOWN FOR CLARITY (REFER SHEET A1.4 FOR ALL EQUIPMENT). 3. FIRE SPRINKLER/ ALARM SYSTEM TO BE DESIGNED BY A LICENSED FIRE PROTECTION CONTRACTOR.  INSTALL LATERAL LINES TO BE HELD TIGHT AGAINST THE BOTTOM OF STRUCTURE. 4. GC TO INSTALL FIRE EXTINGUISHERS PER THE FIRE MARSHAL RECOMMENDATIONS AND CODE REQUIRED LOCATIONS. 5. REFER SHEET A3.0 FOR PARTITION TYPE, CONTROL JOINT, AND METAL STUD INFORMATION. A1.50 A1.40 A1.30 A1.20 A1.10 A1.60 A1.70 A1.80 A1.90 PARTITION LEGEND EXISTING WALLS NEW STUD WALL INDICATES FRP (REF. FIN. SCHEDULE AND ELEVATIONS) INDICATES 8'­0" HIGH FIRE RETARDANT 3/4" PLYWOOD WAINSCOT (REF. FIN. SCHEDULE AND ELEVATIONS) 3 HR FIRE BARRIER A1.100 A1.110 A1.120 A1.130 A1.140 KEY NOTES: EXISTING FLOOR  MOUNTED WASH/ MOP SINK. WATER HEATER  ON SHELF (REF MEP). EMERGENCY EYE WASH SINK. HI.LO WATER FOUNTAIN (REFER MEP). FLOOR DRAIN REFER MEP FOR  ADDITIONAL INFORMATION. (TRAFFIC RATED FLOOR DRAIN & COVER @  DETAIL BAY, ROOM 111) TRAFFIC RATED AREA DRAIN REFER MEP FOR ADDITIONAL INFORMATION. 4" WIDE STRIPING PAINTED TRAFFIC YELLOW 4" WIDE STRIPING(16" O.C. DIAGONAL PATTERN @ EMERGENCY EGRESS PATHS ONLY IF REQUIRED). RECESSED CONCRETE SLAB (REFER STRUCTURAL DRAWINGS FOR  ADDITIONAL INFORMATION. VERIFY EXACT LOCATION FOR 2" PVC SLEEVE LOCATION AND EXACT  PLACEMENT OF EQUIPMENT WITH  OWNER (REF. SHEET A1.4). COLUMN PROTECTION BY  "COLUMN CENTURY" AT EVERY EXPOSED COLUMN.  PAINT COLUMN ABOVE  PROTECTOR TRAFFIC YELLOW. TO BOTTOM OF THE DECK 3/4" FIRE RETARDANT PLYWOOD UP TO 96" ON ALL  GYPSUM BOARD WALLS FACING SHOP AREA ONLY DIGITAL SCORE BOARD SURFACE MOUNTED FRAME RACK NEW COMPRESSOR, REFER MEP A1.150 EMPLOYEE TIME CARD A1.0 FLOOR PLAN 01 SCALE: FLOOR PLAN BUILDING "A" 1/8" = 1'-0" XX/XX/XX TRUE NORTH

CALIBER COLLISION
402 WEST 35TH ST SUITE "A"
NATIONAL CITY, CA. DATE: ISSUE LOG NO DATE PROJECT NUMBER: 26519 SHEET NUMBER COPYRIGHT © 2024 DRAWINGS ISSUED FOR: PERMIT SET 07/03/2026 ARCHITECT:

BRET FLORY
1913 GARDENGROVE COURT
PLANO, TX 75075
P: 972.467.9749 Bret FLORY PLAN NORTH Page 266 of 483
ATTACHMENT 4

NOTICE OF PUBLIC HEARING

DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND A CONDITIONAL USE

PERMIT AND COASTAL DEVELOPMENT PERMIT FOR AUTO BODY REPAIR AND PAINT (CALIBER COLLISION CENTER) TO BE LOCATED AT 402 WEST 35TH STREET, SUITES A & C.

CASE FILE NO.: 2026-04 CUP, CDP
APN: 562-310-59-00
NOTICE IS HEREBY GIVEN that the National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, September 21, 2026, in the City Council Chambers, located at the Civic Center, 1243 National City Boulevard, National City, California, on the following item:

The applicant (Applicant: Rely-On Technologies) is proposing to convert two existing commercial suites, Suite A comprised of 16,355 square feet and Suite C comprised of 4,902 square feet, into an auto body and paint shop (Caliber Collision Center). The proposed facility would include two spray booths, a paint mix room, and a wash bay with clarifier. Planning Commission will also consider the staff determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 (Existing Facilities).

Information is available for review at the City’s Planning Division, Civic Center. Members of the public are invited to comment orally at the hearing or in writing. Written comments should be received by the Planning Division on or before 2:00 p.m., September 21, 2026 by submitting it to [email protected]. Planning staff can be contacted at 619- 336-4310 or [email protected].

Under California Government Code section 65009, if you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

Public Hearing
CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR AUTO BODY REPAIR AND PAINT (CALIBER COLLISION CENTER) TO BE LOCATED AT 402 WEST 35TH STREET, SUITES A & C.
2026-04 CUP, CDP

EXHIBIT C

Overhead

Site Characteristics
402 W. 35th Street
 Light Manufacturing (ML-CZ) zone – CDP required 97,000 sq. ft. property 39,684 sq. ft. multi-tenant building – light industrial uses Suites A & C comprise 21,237 sq. ft. 119 on-site parking spaces  To be split between existing and new tenant
Located west of NCB and south of SH-54; I-5 and MTS directly to the westSurrounded by commercial/light industrial uses along W. 35th Street  Marshland and residential properties in the City of Chula Vista to the south

W. 35th Street View

East and South Views

West View

Proposal
The applicant proposes to open an auto body and paint shop (Caliber Collision). Business will be relocating from 2013 Haffley AveNational chain with over 1,800 locations specializing in collision repairRequires specialized equipment:
Two spray paint booths
Paint mix roomWash bay with clarifier
Hours of operation are 7:30 am to 5:30 pm Monday through Friday Approximately 15 employees
SDAPCD and “priority project” under storm water requirements

Site Plan

Floor Plan
Office
Car
Detail
Paint
Work Shop
Parts
Break Room

Staff Analysis
Project is subject to standards of the ML-CZ zone and Chapter 18.72 of the previous LUC. ML-CZ zone
 Both auto body repair and auto paint are permitted with the approval of a CUP  Additional findings of approval for the Coastal Development Permit  Minimum lot area of 7,500 for auto repair; frontage and setbacks were previously established Chapter 18.72 – Automotive and Allied Services
 Screening is required when use is adjacent to a residential zone  Faces residential properties across the marsh in Chula Vista; applicant added screening to their plans  Painting is required to be conducted in an enclosed building Limits to hours of operation for painting and body work  Requested hours comply with most stringent requirement

Staff Analysis – Cont.
Other Applicable Permits
 An air quality permit from SDPACD is required A “priority project” storm water permit from the Engineering Department is required Previous CUP at 2013 Haffley Avenue (2008)
 Several conditions of approval were recommended by the Environmental Health Coalition (EHC)  Limit the potential to increase air quality issues within the City Previous conditions of approval are proposed to be adopted for the new location (40, 41, 42) for the use of water-based paints, emissions capture, and certification as a “green business” through San Diego County of Environmental Health

Comments/Conditions of Approval
SDAPCDPrevious Comments from EHCDepartment Comments from Building, Engineering, and Fire related to the proposed use and building modificationsProof of permits/completion of improvements required before operations start Storage of vehicles and screeningTrash enclosure/landscaping/signageHours of operation

Summary
Proposed uses are consistent with the General Plan and Local Coastal Program Auto body repair and paint permitted with granting of CUPSite is large enough to accommodate the useUse to be conducted in an enclosed buildingVehicles stored outdoors will be screenedHours of operation to be limitedProposed within an existing building/development

Options
• Find project exempt from CEQA & approve 2026-04 CUP, CDP based on findings listed in the draft resolution / findings determined by the Commission; or
• Find project not exempt from CEQA and/or deny 2026-04 CUP, CDP based on findings listed in the draft resolution / findings determined by the Commission; or
• Continue the item for additional information• Staff recommending approval• Notice of Decision to City Council• Staff to provide notice to California Coastal Commission

AGENDA REPORT
Department: Planning
Prepared by: Sophia Depew, Associate Planner
Meeting Date: Tuesday, October 6, 2026
Approved by: Douglas J. Schulze, City Manager
SUBJECT:

Notice of Decision – Planning Commission Decision of a Conditional Use Permit (CUP) for OffSale Beer, Wine, and Distilled Spirits at a Convenience Store Located at 2945 Highland Avenue.

RECOMMENDATION:

Staff Recommends Approval of the Conditional Use Permit (CUP) Request for the ABC Type 21 Off-Sale License for Beer, Wine, and Distilled Spirits at an Existing Gas Station Convenience Store (Party Time Market), Subject to the Recommended Conditions in the Attached Planning Commission Resolution No. 2026-08, and a Determination that the Project is Exempt from CEQA.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

The Planning Commission recommended approval of the Conditional Use Permit with modified conditions by a vote of 5-1.

The modified condition extended the hours in which alcohol may be sold. Planning Commission approved alcohol sales from 6:00 a.m. to 12:00 a.m. daily.

Ayes: Armenta, Castle, Gogue, Miller, Valenzuela Nays: Quinones EXPLANATION:

The applicant has applied for a California Department of Alcoholic Beverage Control (ABC) Type 21 license, which allows for the sale of beer, wine, and distilled spirits for off-site consumption at an existing gas station convenience store. The store will be expanding by 3,173 square feet into two existing attached commercial suites in the same building. The store will operate 24 hours a day. The applicant is proposing alcohol sales are from 6:00 a.m. to 2:00 a.m. daily. Staff has recommended modified hours from 8:30 a.m. to 12:00 a.m. Monday through Friday, and 8:00 a.m. to 12:00 a.m. Saturday and Sunday. Planning Commission approved alcohol sales from 6:00 a.m. to 12:00 a.m. daily.

The Planning Commission conducted a public hearing on September 21, 2026, and voted to recommend approval of the request based on the attached findings and modified conditions of approval in Exhibit A, Planning Commission Resolution No. 2026-08. The attached Planning Commission staff report in Exhibit B describes the proposal in detail.

FINANCIAL STATEMENT:

An application fee of $3,000 was paid with the submittal of the subject CUP. Fees are anticipated to cover the cost of staff review time and processing of the permit.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Balanced Budget and Economic Development
ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

The Agenda Report was posted at least 72 hours before the 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 – 2026-08 PC Resolution
Exhibit B – Planning Commission Staff Report with attachments Exhibit C – 9/21/26 Planning Commission PowerPoint slides

ATTACHMENT 1
RESOLUTION NO. 2026-08

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF NATIONAL CITY, CALIFORNIA DETERMINING THAT THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND APPROVING A

CONDITIONAL USE PERMIT FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS (ABC TYPE-21) AT AN EXISTING CONVENIENCE STORE (PARTY TIME MARKET) LOCATED AT 2945 HIGHLAND AVENUE.

CASE FILE NO. 2026-06 CUP
APN: 563-121-27-00
WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for off-site sale of beer, wine, and distilled spirits at an existing gas station convenience store located at 2945 Highland Avenue at a duly advertised public hearing held on September 21, 2026, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2026-06 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on September 21, 2026, support the following findings:

1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code because alcohol sales are allowable within the Major Mixed-Use Corridor zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. Sales will be incidental to the existing convenience store in a mixed-use area.

2. The proposed use is consistent with the General Plan and any applicable specific plan, because the Land Use Code permits alcohol sales, subject to a CUP, which is consistent with the General Plan. In addition, a convenience store with alcohol

sales is consistent with the Major Mixed-Use Corridor zone land use designation contained in the Land Use Code and General Plan.

3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed.

4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because no expansion of the building is proposed. The proposed use would be incidental to the primary use of a convenience store.

5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that limit hours and the manner in which alcohol is sold. In addition, all staff members involved in the sale of alcohol are required to receive RBSS training.

6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial building and the use is similar to other commercial uses in the area, which are permitted in the Major Mixed-Use Corridor zone.

7. The proposed use is deemed essential and desirable to the public convenience or necessity, because the convenience store, a permitted use in the Major Mixed-Use Corridor zone, will benefit from the sale of alcohol. The sale of beer, wine, and distilled spirits will contribute to a diversity of local community offerings in the area.

8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the off-site sales of alcoholic beverages in accordance with applicable law and the recommended conditions.

The use, as proposed and conditioned, will operate in harmony with surrounding uses, will not cause a nuisance, and will benefit the community with a more diverse selection of goods to purchase from the store.

BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions:

General

1. This Conditional Use Permit authorizes the sale of beer, wine, and distilled spirits for off-site consumption at an existing convenience store (Party Time Market) located at 2945 Highland Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2026-06 CUP, dated 07/16/2026.

2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit.

The applicant or owner shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant or owner shall pay necessary recording fees to the County.

The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation.

3. This permit shall become null and void at such time as there is no longer a Type 21 California Department of Alcoholic Beverage Control license associated with the property.

4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code.

5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time.

6. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval or applicable law.

7. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department.

Planning

8. No sales of distilled spirits shall be permitted until the applicant has been issued a Type 21 license from the California Department of Alcoholic Beverage Control.

9. The sale of alcoholic beverages shall be permitted between the hours of 6:00 a.m. to 12:00 a.m. daily.

10.All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies.

11.The premises shall be kept free of graffiti and litter in conformance with the National City Municipal Code. The operator or property manager shall take responsive action within a 24-hour period upon receipt of any notice provided by Code Enforcement pertaining to graffiti or litter.

12.Containers of alcoholic beverages may not be stored on the premises, after being sold to patrons, for the purpose of later consumption.

13.The consumption of alcoholic beverages is prohibited on the subject premises, including the parking lot.

14.Permittee shall post signs prohibiting loitering and consumption of alcohol on the premises.

15. All required signage regulating alcohol sales and activities associated with the purchase and/or consumption of alcohol shall be posted in both English and Spanish.

16.Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition.

17.The sale of beer or malt beverages in quantities of quarts, 22-ounce, 32-ounce, 40- ounce, or similar size containers is prohibited.

18.No beer products shall be sold of less than manufacturer’s prepackaged three-pack quantities of 24-ounce cans per sale. There shall be no sale of single cans or bottles.

19.Wine shall not be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited.

20.Distilled spirits shall not be sold in containers of less than 750 milliliters.

21.Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four-pack or other manufacturer’s prepackaged multi-unit quantities.

22.All cups and containers shall be sold at or above prevailing prices and in their original multi-container packages of no fewer than 12, and no cups and containers shall be given free of charge.

23.Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge.

24.The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items (excluding gasoline). Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand.

25.The alcohol area, as shown in Exhibit A, shall remain fully secured and locked during the hours in which the sale of alcohol is prohibited by this Conditional Use Permit.

26.Alcohol sales shall be limited to the register located within the secured alcohol area as shown in Exhibit A.

27.Outdoor areas shall be well lit so as to provide safe pedestrian access and to eliminate dark areas.

28.The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.

29.The business shall be required to obtain all applicable permits associated with the proposed improvements for the market expansion.

Police

30.The permittee shall comply with all applicable law, including, but not limited to the regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages.

Indemnification Agreement
The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in

its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.

BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council for review. The City Council may, at that meeting, review the decision of the Planning Commission and set the matter for public hearing.

BE IT FINALLY RESOLVED that this Resolution shall become effective and final following City Council review and thirty (30) days following the Planning Commission’s decision, unless an appeal is filed in writing with the City Clerk.

CERTIFICATION:

This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 21, 2026, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN: ________________________

CHAIRPERSON

Item no. 8
September 21, 2026

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

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

PROJECT IS CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION
15301 (EXISTING FACILITIES) AND CONDITIONAL USE

PERMIT FOR THE SALE OF BEER, WINE, AND
DISTILLED SPIRITS (ABC TYPE-21) AT AN EXISTING

CONVENIENCE STORE (PARTY TIME MARKET)
LOCATED AT 2945 HIGHLAND AVENUE.

Case File No.: 2026-06 CUP
Location: 2945 Highland Avenue
Assessor’s Parcel No.: 563-121-27-00
Staff report by: Sophia Depew, Associate Planner
Applicant: Windy Cove Inc. by Adeeb Brikho
Zoning designation: Major Mixed-Use Corridor (MXC-2)
Adjacent use and zoning:

North: Commercial / MXC-2
East: Single-Family Residential and Commercial / RS-2 and MXC-2 South: Starbucks across E. 30th Street / MXC-2
West: Sweetwater High School across Highland Avenue /
Institutional (I)
Environmental review: Categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities)
Staff recommendation: Approve

6 Planning Commission
Meeting of September 21, 2026

Staff Recommendation
Staff recommends approval of the ABC Type 21 off-sale license for beer, wine, and distilled spirits at an existing gas station convenience store (Party Time Market), subject to the recommended conditions in the attached resolution and a determination that the project is exempt from CEQA. The sale of alcohol is a conditionally-allowed use in the Major Mixed-Use Corridor zone and would continue to be accessory to the convenience store.

Executive Summary
The applicant has applied for a California Department of Alcoholic Beverage Control (ABC) Type 21 license, which allows for the sale of beer, wine, and distilled spirits for off-site consumption at an existing gas station convenience store. The store will be expanding by 3,173 square feet into two existing attached commercial suites in the same building. The store will operate 24 hours a day. The applicant is proposing alcohol sales are from 6:00 a.m. to 2:00 a.m. daily. Staff has recommended modified hours from 8:30 a.m. to 12:00 a.m. Monday through Friday, and 8:00 a.m. to 12:00 a.m. Saturday and Sunday.

Site Characteristics
The applicant operates a gas station and convenience store at 2945 Highland Avenue on the northeast corner of Highland Avenue and East 30th Street in the Major Mixed-Use Corridor (MXC-2) zone. The site is mostly adjacent to existing commercial uses and single-family homes on the same block, with Sweetwater High School located across Highland Avenue. The approximately 22,651-squarefoot lot includes fuel pumps, a canopy, parking, and an existing 4,775 square-foot commercial building. The convenience store currently occupies approximately 1,602 square feet of the existing building, while the remaining 3,173 square feet of the building is currently vacant. The gas station was approved prior to the requirement for a CUP and the convenience store was approved through a CUP in 2014.

The applicant intends to expand the convenience store into the vacant space to occupy the full 4,775 square-foot building. The expanded convenience store will provide a dedicated space for the preparation and sale of fresh food and beverage items, the sale of a larger array of convenience items, and the sale of beer, wine, and distilled spirits.

Due to the proximity of Sweetwater High School, all alcoholic beverages will be located within a secure area of the store that is not freely accessible to the

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Meeting of September 21, 2026

general public. The alcohol area will be secured through a turnstile crossbar system and will be restricted to individuals who have been verified by staff to be 21 years of age or older. To access the secured area, an individual must present identification in accordance with ABC requirements before the cashier will activate the turnstile. Staff will be trained in responsible beverage service practices, including age verification and refusal protocols. Customers are required to purchase alcohol at the register located within the secured area before returning to the convenience store.

Proposed Use
The applicant proposes to sell beer, wine, and distilled spirits (ABC Type-21) from 6:00 a.m. to 2:00 a.m. daily. Staff has recommended modified hours from 8:30 a.m. to 12:00 a.m. Monday through Friday, and 8:00 a.m. to 12:00 a.m.

Saturday and Sunday. In addition, the applicant intends to expand the existing convenience store into the two neighboring suites, occupying the entire commercial building on site, increasing the convenience store from 1,602 square feet to 4,775 square feet. The expansion will include additional space for the convenience store, a hot food area, and a secure area dedicated to alcohol sales. Approximately 1,560 square feet (40 percent) of the total market floor area will be dedicated to alcohol. This includes a mix of shelving and beverage coolers containing a variety of beer, wine, and distilled spirits.

Alcohol sales will be accessory to the convenience store use. To remain accessory, the quarterly gross sales of alcoholic beverages for the convenience store shall not exceed the gross sales of all other commodities during the same period (excluding gasoline). The applicant estimates alcohol sales will comprise only 19 percent of the store’s revenue based on similar convenience stores operated by the applicant. Per City Council Policy 707, the applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. This is included as a condition of approval.

Analysis
Section 18.30.050 of the Land Use Code allows for alcohol sales for off-site consumption with an approved Conditional Use Permit (CUP). Additional requirements for alcohol CUPs include expanded notification, a community

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Meeting of September 21, 2026

meeting, and distance requirements. City Council Policy 707 also regulates alcohol sales in the city.

Hours of Operation
The applicant is proposing to sell beer, wine, and distilled spirits (ABC Type-21) from 6:00 a.m. to 2:00 a.m. daily. Based on previous approvals for alcohol sales at convenience stores and comments provided by IPS, staff has recommended modified hours. Staff is recommending 8:30 a.m. to 12:00 a.m. Monday through Friday and 8:00 a.m. to 12:00 a.m. Saturday and Sunday. Conditions of approval reflect staff’s recommendation.

The most recent convenience stores approved for alcohol sales are Circle K on Harbor Drive Civic Center Drive, and 7-Eleven at 110 National City Boulevard.

Circle K was approved in 2018 for beer and wine sales from 8:00 a.m. to 12:00 a.m. daily. 7-Eleven was approved in 2020 for beer, wine, and distilled spirits from 6:00 a.m. to 12:00 a.m. daily, however the project was never exercised. In addition to previous approvals, staff considered IPS comments related to reducing alcohol availability during the time students travel to school. Instruction begins at 8:30 a.m. for Sweetwater High School. Staff has recommended alcohol sales begin no earlier than 8:30 a.m. Monday through Friday to accommodate.

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

Notice of this public hearing was sent to 178 occupants and owners (Attachment 4). No public comment has been received as of the writing of this report.

Community Meeting - Pursuant to Section 18.30.050 (C) of the Land Use Code, a community meeting was held on Thursday, January 15, 2026 at 12:00 p.m. at the convenience store. The meeting advertisement is attached (Attachment 8); no community members attended the meeting.

Distance Requirements - Chapter 18.030.050 (D) of the National City Zoning Code has no minimum distance requirements from schools or other uses for grocery stores, convenience stores or other retail establishments involving the sale of alcohol for off-site consumption as an accessory use.

Liquor stores, or other businesses where the principal use involves the sale of alcohol for off-site consumption would not be permitted at this location because it is within 660 feet of a public school (Sweetwater High School).

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Meeting of September 21, 2026

Alcohol Sales Concentration/Location
According to the California Department of Alcoholic Beverage Control (ABC), there are currently three off-sale license in Census Tract 116.02, where a maximum of two are recommended. Therefore, the census tract is considered to be over concentrated by ABC with regard to off-site alcohol sales outlets.

However, many of the issues related to off-sale licenses are related to the availability of smaller quantities and cheaper products, most of which are related to businesses not originally subject to a CUP (legal nonconforming). Businesses with CUPs are limited to the quantity and size of beer bottles (e.g., no sale of single cans or bottles) and the size of wine bottles and their alcoholic content (e.g., containers less than 750 milliliters nor greater than 15% content by volume).

Police Department (PD)
The ABC Risk Assessment provided by PD allocated a total of 12 points, which places it in the Low Risk category (Low Risk is considered 12 points or less). Of note, PD recommended the business take steps to secure/monitor alcohol on the sales floor due to the high school across the street in an effort to prevent theft, underage drinking, and other alcohol related crimes. Alcohol will be located in a secured area of the store and will require identification before entering. The risk assessment is included as Attachment 6.

Institute for Public Strategies (IPS)
Comments were received from IPS with the following considerations:

1. Prohibit exterior alcohol advertising, window signage, and promotional materials visible from Sweetwater High School or public rights-of-way frequented by students.

2. Locate alcohol displays away from entrances, exits, checkout areas, and windows visible from the school campus.

3. Require clear signage stating that sales to persons under 21 years of age are prohibited and that identification is required for all alcohol purchases.

4. Ensure adequate lighting is maintained around the building, parking areas, and pedestrian access points during all operating hours.

5. Maintain the premises free of litter and alcohol-related debris through regular inspections of the property and adjacent public areas.

6. Consider limiting alcohol sales hours to reduce late-night activity and potential disturbances in the surrounding area. Additionally, restricting

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Meeting of September 21, 2026

alcohol sales during times when students are traveling to school may help reduce youth exposure and access to alcohol products.

Standard conditions of approval are included in the report in compliance with City Council Policy 707. Additional conditions of approval are included that address IPS comments including reduced hours and additional lighting. IPS comments are included as Attachment 7.

Findings for Approval
The following are the required findings in the attached draft resolution:

1. Allowable Use: Alcohol sales in conjunction with a convenience store are allowable within the Major Mixed-Use Corridor zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. The use is incidental to the existing convenience store in a mixed-use area.

2. General Plan Consistency: Alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. In addition, a convenience store with alcohol sales is consistent with the Major Mixed-Use Corridor zone land use designation contained in the Land Use Code and Land Use Element of the General Plan.

3. Compatibility, LUC, and Traffic: No expansion of the building is proposed.

The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed uses would be incidental to the primary use of a convenience store.

4. No Nuisance: The proposed use will be subject to conditions that limit hours and the manner in which alcohol is sold. In addition, all staff members involved in the sale of alcohol are required to receive RBSS training.

5. California Environmental Quality Act (CEQA): The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing

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Meeting of September 21, 2026

Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial building, and the use is similar to other commercial uses in the area, which are permitted in the Major Mixed-Use Corridor zone.

6. Public Convenience and Necessity: The convenience store, a permitted use in the Major Mixed-Use Corridor zone, will benefit from the sale of alcohol.

The sale of beer, wine, and distilled spirits will contribute to a diversity of local commercial offerings in the area.

Findings for Denial
The following are findings for denial:

1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the census tract in which the subject property is located is currently over-concentrated with regard to offsale alcohol outlets – three off-sale outlets operate currently in the census tract where two are recommended by the California Department of Alcoholic Beverage Control.

2. The proposed use is not deemed essential to the public necessity, as there are already three other off-sale outlets in the census tract.

3. Based on the above findings, public convenience and necessity will not be served by a proposed use of the property for the off-site sale of alcoholic beverages pursuant to law.

Conditions of Approval
Standard Conditions of Approval have been included with this permit as well as conditions specific to off-site alcohol sales per Council Policy 707 (hours of operation, employee training, and accessory sales, etc.).

Summary
The proposed use is consistent with the General Plan due to alcohol sales for offsite consumption being a conditionally-allowed use in the Major Mixed-Use Corridor zone and the addition of beer, wine, and distilled spirits to the existing

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Meeting of September 21, 2026

convenience store will be accessory to the market use in an established mixeduse area. While the Census Tract in which the business is located is considered over-concentrated with regard to off-sale alcohol licenses, the Police Department has classified the establishment as Low Risk.

Options

1. Find the project exempt from CEQA under Class 1 of the CEQA Guidelines Section 15301 or other exemption and approve 2026-06 CUP subject to the conditions included in the Resolution, or other conditions, and based on the findings included in the Resolution, or other findings to be determined by the Planning Commission; or,

2. Find the project not exempt from CEQA and/or deny 2026-06 CUP based on the attached findings, or findings to be determined by the Planning Commission; or,

3. Continue the item to a specific date in order to obtain additional information.

Attachments

1. Draft Resolutions

2. Overhead

3. Applicant's Plans (Exhibit A, Case File No. 2026-06 CUP, dated (7/16/2026)

4. Public Hearing Notice (Sent to 178 property owners & occupants)

5. Census Tract & Police Beat Maps

6. Police Department Risk Assessment

7. IPS Comments

8. Community Meeting Information

13 ATTACHMENT 1
RESOLUTION NO. 2026-08

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF NATIONAL CITY, CALIFORNIA DETERMINING THAT THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND APPROVING A

CONDITIONAL USE PERMIT FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS (ABC TYPE-21) AT AN EXISTING CONVENIENCE STORE (PARTY TIME MARKET) LOCATED AT 2945 HIGHLAND AVENUE.

CASE FILE NO. 2026-06 CUP
APN: 563-121-27-00
WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for off-site sale of beer, wine, and distilled spirits at an existing gas station convenience store located at 2945 Highland Avenue at a duly advertised public hearing held on September 21, 2026, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2026-06 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on September 21, 2026, support the following findings:

1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code because alcohol sales are allowable within the Major Mixed-Use Corridor zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. Sales will be incidental to the existing convenience store in a mixed-use area.

2. The proposed use is consistent with the General Plan and any applicable specific plan, because the Land Use Code permits alcohol sales, subject to a CUP, which is consistent with the General Plan. In addition, a convenience store with alcohol

14 sales is consistent with the Major Mixed-Use Corridor zone land use designation contained in the Land Use Code and General Plan.

3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed.

4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because no expansion of the building is proposed. The proposed use would be incidental to the primary use of a convenience store.

5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that limit hours and the manner in which alcohol is sold. In addition, all staff members involved in the sale of alcohol are required to receive RBSS training.

6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial building and the use is similar to other commercial uses in the area, which are permitted in the Major Mixed-Use Corridor zone.

7. The proposed use is deemed essential and desirable to the public convenience or necessity, because the convenience store, a permitted use in the Major Mixed-Use Corridor zone, will benefit from the sale of alcohol. The sale of beer, wine, and distilled spirits will contribute to a diversity of local community offerings in the area.

8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the off-site sales of alcoholic beverages in accordance with applicable law and the recommended conditions.

The use, as proposed and conditioned, will operate in harmony with surrounding uses, will not cause a nuisance, and will benefit the community with a more diverse selection of goods to purchase from the store.

15 BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions:

General

1. This Conditional Use Permit authorizes the sale of beer, wine, and distilled spirits for off-site consumption at an existing convenience store (Party Time Market) located at 2945 Highland Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2026-06 CUP, dated 07/16/2026.

2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit.

The applicant or owner shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant or owner shall pay necessary recording fees to the County.

The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation.

3. This permit shall become null and void at such time as there is no longer a Type 21 California Department of Alcoholic Beverage Control license associated with the property.

4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code.

5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time.

6. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval or applicable law.

7. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department.

16 Planning

8. No sales of distilled spirits shall be permitted until the applicant has been issued a Type 21 license from the California Department of Alcoholic Beverage Control.

9. The sale of alcoholic beverages shall be permitted between the hours of 8:30 a.m. to 12:00 a.m. Monday through Friday and 8:00 a.m. to 12:00 a.m. Saturday and Sunday.

10. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies.

11.The premises shall be kept free of graffiti and litter in conformance with the National City Municipal Code. The operator or property manager shall take responsive action within a 24-hour period upon receipt of any notice provided by Code Enforcement pertaining to graffiti or litter.

12.Containers of alcoholic beverages may not be stored on the premises, after being sold to patrons, for the purpose of later consumption.

13.The consumption of alcoholic beverages is prohibited on the subject premises, including the parking lot.

14.Permittee shall post signs prohibiting loitering and consumption of alcohol on the premises.

15. All required signage regulating alcohol sales and activities associated with the purchase and/or consumption of alcohol shall be posted in both English and Spanish.

16.Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition.

17.The sale of beer or malt beverages in quantities of quarts, 22-ounce, 32-ounce, 40- ounce, or similar size containers is prohibited.

18.No beer products shall be sold of less than manufacturer’s prepackaged three-pack quantities of 24-ounce cans per sale. There shall be no sale of single cans or bottles.

19.Wine shall not be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited.

20.Distilled spirits shall not be sold in containers of less than 750 milliliters.

17 21.Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four-pack or other manufacturer’s prepackaged multi-unit quantities.

22.All cups and containers shall be sold at or above prevailing prices and in their original multi-container packages of no fewer than 12, and no cups and containers shall be given free of charge.

23.Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge.

24.The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items (excluding gasoline). Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand.

25.The alcohol area, as shown in Exhibit A, shall remain fully secured and locked during the hours in which the sale of alcohol is prohibited by this Conditional Use Permit.

26.Alcohol sales shall be limited to the register located within the secured alcohol area as shown in Exhibit A.

27.Outdoor areas shall be well lit so as to provide safe pedestrian access and to eliminate dark areas.

28.The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.

29.The business shall be required to obtain all applicable permits associated with the proposed improvements for the market expansion.

Police

30.The permittee shall comply with all applicable law, including, but not limited to the regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages.

Indemnification Agreement
The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in

18 its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant.

BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council for review. The City Council may, at that meeting, review the decision of the Planning Commission and set the matter for public hearing.

BE IT FINALLY RESOLVED that this Resolution shall become effective and final following City Council review and thirty (30) days following the Planning Commission’s decision, unless an appeal is filed in writing with the City Clerk.

CERTIFICATION:

This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 21, 2026, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN: ________________________

CHAIRPERSON

19 RESOLUTION NO. 2026-08

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF NATIONAL CITY, CALIFORNIA

DENYING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS (ABC TYPE-21) AT AN EXISTING CONVENIENCE STORE LOCATED AT 2945 HIGHLAND AVENUE
CASE FILE NO. 2026-06 CUP
APN: 563-121-27-00
WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for off-site sale of beer, wine, and distilled spirits at an existing convenience store located at 2945 Highland Avenue. At a duly advertised public hearing held on September 21, 2026, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2026-06 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on September 21, 2026, support the following findings:

1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the census tract in which the subject property is located is currently over-concentrated with regard to off-sale alcohol outlets – three off-sale outlets operate currently in the census tract where two are recommended by the California Department of Alcoholic Beverage Control.

2. The proposed use is not deemed essential to the public necessity, as there are already three other off-sale outlets in the census tract.

3. Based on the above findings, public convenience and necessity will not be served by a proposed use of the property for the off-site sale of alcoholic beverages pursuant to law.

20 BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council for review. The City Council may, at that meeting, review the decision of the Planning Commission and set the matter for public hearing.

BE IT FINALLY RESOLVED that this Resolution shall become effective and final following the City Council review and thirty (30) days following the Planning Commission’s decision, unless an appeal is filed in writing with the City Clerk.

CERTIFICATION:

This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 21, 2026, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN: ________________________

CHAIRPERSON

21 ATTACHMENT 2
2026-06 CUP – 2945 Highland Avenue – Overhead
N

22 ATTACHMENT 3

23

24

25 NOTICE OF PUBLIC HEARING

DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND CONDITIONAL USE PERMIT FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS (ABC TYPE-21) AT AN

EXISTING CONVENIENCE STORE (PARTY TIME MARKET)
LOCATED AT 2945 HIGHLAND AVENUE.

CASE FILE NO.: 2026-06 CUP
APN: 563-121-27-00
NOTICE IS HEREBY GIVEN that the National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, September 21, 2026, in the City Council Chambers, located at the Civic Center, 1243 National City Boulevard, National City, California, on the following item:

The applicant (Applicant: Windy Cove Inc. by Adeeb Brikho) is proposing to sell beer, wine, and distilled spirits (ABC Type-21 license) for off-site consumption at an existing gas station convenience store (Party Time Market). The store will be expanding by 3,173 square feet into two existing attached commercial suites in the same building. Proposed hours of alcohol sales are from 6:00 a.m. to 2:00 a.m. daily. Planning Commission will also consider the staff determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 (Existing Facilities).

Information is available for review at the City’s Planning Division, Civic Center. Members of the public are invited to comment orally at the hearing or in writing. Written comments should be received by the Planning Division on or before 2:00 p.m., September 21, 2026 by submitting it to [email protected]. Planning staff can be contacted at 619- 336-4310 or [email protected].

Under California Government Code section 65009, if you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

ATTACHMENT 4 Page 310 of 483
26 Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community
CensusTracts 2010
August 25, 2014
0 0.375 0.75 1.5 mi 0 0.5 1 2 km
1:45,467
ATTACHMENT5

27 City of National City
Beat 23
Source: Microsoft Mappoint
NCPD CAU, 4/18/07

28 Notes:

NATIONAL CITY POLICE DEPARTMENT

ALCOHOL BEVERAGE CONTROL

RISK ASSESSMENT
DATE:

BUSINESS NAME:

ADDRESS:

OWNER NAME: DOB:

OWNER ADDRESS:
(add additional owners on page 2)
I. Type of Business
Restaurant (1 pt)
Market (2 pts)
Bar/Night Club (3 pts)
Tasting Room (1pt)
II. Hours of Operation
Daytime hours (1 pt)
Close by 11pm (2 pts)
Close after 11pm (3 pts)
III. Entertainment
Music (1 pt)
Live Music (2 pts)
Dancing/Live Music (3 pts)
No Entertainment (0 pts)
IV. Crime Rate
Low (1 pt)
Medium (2 pts)
High (3 pts)
V. Alcohol Businesses per Census Tract
Below (1 pt)
Average (2 pts)
Above (3 pts)
Revised: 8/16 1 of 2
$77$&+0(17
05/14/26
Party Time Market
2945 Highland Avenue Suite 101-103, National City, CA 91950 Jim Jalal Brikho
- Currently, there are (2) off sale licenses authorized in tract 116.02 - Currently, there are (5) on sale licenses authorized in tract 116.02 - Currently, there are (2) active on sale licenses in tract 116.02 - Currently, there are (3) off sale licenses active in tract 116.02 ✔
✔
✔
✔
✔

29 National City Police Department ABC Risk Assessment
VI. Calls for Service at Location (for previous 6 months) Below (1 pt)
Average (2 pts)
Above (3 pts)
VII. Proximity Assessment (1/4 mile radius of location) Mostly commercial businesses (1 pt)
Some businesses, some residential (2 pts)
Mostly residential (3 pts)
VIII. Owner(s) records check
No criminal incidents (0 pts)
Minor criminal incidents (2 pts)
Multiple/Major criminal incidents (3 pts)
OWNER NAME: DOB:

OWNER ADDRESS:

OWNER NAME: DOB:

OWNER ADDRESS:

Recommendation:

Completed by: Badge ID:

Revised: 8/16
2 of 2
Low Risk ( 12pts or less)
Medium Risk (13 – 18pts)
High Risk (19 – 24pts)
Total Points 12
Joseph John Brikho
Adeeb Asso Brikho
This business assesses at a low risk and is deserving of such a rating. PD recommends the business takes steps to secure/monitor alcohol on the sales floor due to the high school located across the street in an effort to prevent theft, underage drinking, and other alcohol related crimes.

Sergeant Joseph Camacho 449
✔
✔
✔

30 Environmental Scan
Conditional Use Permit Application for off-sale alcohol sales (beer, wine, and distilled spirits) accessory to an existing convenience store (Party Time Market) 2945 Highland Avenue Suite 101-103 National City, CA
Conducted: May 27, 2026
Photo of existing convenience store
An environmental scan was conducted at 5:30pm on Wednesday May 27, 2025, for a Conditional Use Permit (CUP) for off-sale alcohol sales (Beer, Wine, and Distilled Spirits) at an existing convenience store (Party Time Market) located in an existing gasoline service station (Exxon Mobil) at 2945 Highland Avenue Suite 101-103.

Proposed hours
Alcohol Sales: 6:00 a.m. to 2:00 a.m. daily
During a site visit and assessment of the surrounding area, the following observations were noted:
• The proposed alcohol outlet is located directly across the street from a high school. The proximity of alcohol sales to a school campus may increase youth exposure to alcoholrelated advertising, products, and retail activity during times when students are traveling to and from school.
• Parking availability in the immediate vicinity appears to be limited, which may contribute to traffic congestion and parking-related impacts in the surrounding area. • The business is situated on a corner lot, which may result in increased visibility and accessibility from multiple directions.

ATTACHMENT 7 Page 315 of 483
31 Youth Sensitive Areas/ Other Valuable Locations
Sweetwater High School (approximately 250 ft)
South Bay Marketplace (approximately 300 ft)
Churches
Highland Baptist Church (approximately 1,000 ft)
Blessed Trinity (approximately 1,000 ft)
Chosen Vessel Church (approximately 1,000 ft)
Crime Rate
• A review of crime data within a one-half-mile radius of the proposed location identified 11 reported incidents during the previous four-week period. Reported incidents included substance-related offenses, disorderly conduct incidents, possession of controlled substances, and battery-related offenses. The presence of these incidents suggests existing public safety concerns within the surrounding area that should be considered when evaluating the potential impacts of an additional alcohol outlet.

Considerations
• Prohibit exterior alcohol advertising, window signage, and promotional materials visible from Sweetwater High School or public rights-of-way frequented by students. • Locate alcohol displays away from entrances, exits, checkout areas, and windows visible from the school campus.

32 • Require clear signage stating that sales to persons under 21 years of age are prohibited and that identification is required for all alcohol purchases. • Ensure adequate lighting is maintained around the building, parking areas, and pedestrian access points during all operating hours.
• Maintain the premises free of litter and alcohol-related debris through regular inspections of the property and adjacent public areas.
• Consider limiting alcohol sales hours to reduce late-night activity and potential disturbances in the surrounding area. Additionally, restricting alcohol sales during times when students are traveling to school may help reduce youth exposure and access to alcohol products.

33 ATTACHMENT 8 Page 318 of 483
34

35

36 Public Hearing

CONDITIONAL USE PERMIT FOR THE

SALE OF BEER, WINE, AND DISTILLED
SPIRITS (ABC TYPE-21) AT AN EXISTING

CONVENIENCE STORE (PARTY TIME
MARKET) LOCATED AT 2945 HIGHLAND
AVENUE.
2026-06 CUP

Overhead

Site Characteristics
Party Time Market
 Existing gas station convenience store
 Convenience store expansion approved with a CUP in 2014  Major Mixed Use Corridor (MXC-2) zone
 Approximately 22,651-square-foot lot includes fuel pumps, a canopy, parking, and an existing 4,775 square-foot commercial building
 The market currently occupies around 1,600 square feet of the existing building, while the remaining 3,173 square feet is vacant

Site Characteristics
Surrounded by commercial, residential, and institutional uses  Properties directly abutting the convenience store are residences and commercial suites  Sweetwater High School located across Highland Avenue  Alcoholic beverages will be located within a secure area of the store that is not freely accessible to the general public
 Alcohol area will be secured through a turnstile crossbar system and will be restricted to individuals who have been verified by staff to be 21 years of age or older
 Staff will be trained in responsible beverage service practices including age verification and refusal protocols consistent with ABC requirements
 Customers are required to purchase alcohol at the register located within the alcohol secured area before returning to the convenience store

Highland View

East 30th View

Proposal
The business is proposing to sell beer, wine, and distilled spirits (ABC Type-21) from 6:00 a.m. to 2:00 a.m. daily
Staff has recommended modified hours from 8:30 a.m. to 12:00 a.m. Monday through Friday, and 8:00 a.m. to 12:00 a.m. Saturday and Sunday

Proposal
Applicant proposed to expand the existing convenience store into the two neighboring suites, occupying the entire commercial building on site, increasing the convenience store from 1,602 square feet to 4,775 square feet
Expansion will include additional space for the convenience store, a hot food area, and a secure area dedicated to alcohol sales
Approximately 1,560 square feet (40 percent) of the total market floor area will be dedicated to alcohol Alcohol sales will be accessory to the convenience store use To remain accessory, the quarterly gross sales of alcoholic beverages for the convenience store shall not exceed the gross sales of all other commodities during the same period (excluding gasoline) Applicant estimates alcohol sales will comprise only 19 percent of the store’s revenue based on similar convenience stores operated by the applicant

Floor Plan

Staff Analysis
NCMC 18.30.050 allows for alcohol sales for off-site consumption with an approved CUP Additional requirements for alcohol CUPs:
 Mailing – owners/occupants within 660 feet (178)
 Community meeting – Held January 15th, 2026 – No attendees Census Tract 116.02 – Three off-sale licenses where two are recommended  Considered overconcentrated
Distance requirements – Not applicable for convenience stores involving the sale of alcohol for off-site consumption as an accessory use
 Businesses where the principal use involves the sale of alcohol for off-site consumption would not be permitted at this location because it is within 660 feet of a public school (Sweetwater High School) Adhere to City Council Policy 707
 Standard conditions

Staff Analysis – Hours of Operation
The applicant is proposing to sell beer, wine, and distilled spirits (ABC Type-21) from 6:00 a.m. to 2:00 a.m. daily
 Staff is recommending 8:30 a.m. to 12:00 a.m. Monday through Friday and 8:00 a.m. to 12:00 a.m.

Saturday and Sunday
Previous approvals and IPS Comments
 Circle K was approved in 2018 for beer and wine sales from 8:00 a.m. to 12:00 a.m. daily  7-Eleven was approved in 2020 for beer, wine, and distilled spirits from 6:00 a.m. to 12:00 a.m. daily  The project was never exercised
 IPS recommended reduced alcohol availability during the time students travel to school  Instruction begins at 8:30 a.m. for Sweetwater High School  Staff has recommended alcohol sales begin no earlier than 8:30 a.m. Monday through Friday to accommodate

Comments
Police Department (PD)
Risk Assessment – 12 points
 Low Risk – 12 points or less
 Assigns points based on type of business, license concentration, calls for service, etc.

Institute for Public Strategies (IPS)
 Prohibit alcohol advertising materials visible from Sweetwater High School  Locate alcohol displays away from entrances and exits visible from the school campus  Require signage related to purchasing alcohol
 Provide adequate outdoor lighting during all operating hours  Keep the premises free of litter and debris
 Limit the time alcohol is available for purchase
 All comments included in Conditions of Approval

Conditions
Standard Conditions of Approval
Conditions specific to off-site alcohol sales per Council Policy 707 Hours of operation
Responsible Beverage Service and Sales (RBSS)
Alcohol sales remain accessory to the convenience store Application-specific conditions
IPS comments related to security, lighting, and advertisement Location of alcohol

Summary
Proposed use is consistent with the General Plan
Alcohol sales for off-site consumption is a conditionally-allowed use in the MXC-2 zone Alcohol sales would be accessory to the convenience store in an established mixed-use area Inclusion of conditions consistent with Council Policy 707 intended to alleviate concerns related to area impacts
Additional conditions addressing concerns related to lighting, signage, litter, and location of alcohol

Options
• Find project exempt from CEQA & approve 2026-06 CUP based on findings listed in the draft resolution / findings determined by the Commission; or • Find project not exempt from CEQA and/or deny 2026-06 CUP based on findings listed in the draft resolution / findings determined by the Commission; or • Continue the item for additional information
• Staff recommending approval
• Notice of Decision to City Council

AGENDA REPORT
Department: Engineering and Public Works
Prepared by: Luca Zappiello, Principal Civil Engineer
Meeting Date: Tuesday, October 6, 2026
Approved by: Douglas J. Schulze, City Manager
SUBJECT:

Project Close-Out and Notice of Completion for the Central Community Mobility Enhancements Project, CIP No. 19-23.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by Aster Construction Services for the Central Community Mobility Enhancements Project, CIP No. 19-23; 2) Approving the Final Contract Amount of $2,058,671.99; 3) Ratifying the Release of Retention in the Amount of $102,933.60; and 4) Authorizing the Mayor to Sign the Notice of Completion.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The scope of the Central Community Mobility Enhancements Project, CIP No. 19-23, includes approximately 1.7 miles of bicycle facilities that provide north-south connections through the Central, Olivewood, and Las Palmas neighborhoods in the City.

On August 1, 2024, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On August 8 and 9, 2024, the bid solicitation was also advertised in the local newspaper.

On August 27, 2024, three bids were received by the 1:00 p.m. deadline. Aster Construction Services was identified as the apparent lowest responsible bidder, with a total bid amount of $1,915,050. On October 15, 2024, the City Council awarded the contract to Aster Construction Services in an amount not to exceed $1,915,050 and authorized a 15% contingency of $287,257.50 to address any unforeseen conditions that may arise.

The Notice to Proceed with construction was issued on February 20, 2025. Construction began on February 24, 2025, and was completed on April 14, 2026.

The change orders issued for this project are detailed in the Final Contract Balance Report (Exhibit B). The change orders and line-item adjustments increased the contract by $143,621.99, resulting in a 7.49% contract increase and a final contract balance of $2,058,671.99.

As a result of satisfactory completion of the project, staff recommends that the City Council, 1) accept the work performed by Aster Construction Services for the Central Community Mobility Enhancements Project, CIP No. 19-23; 2) approve the final contract balance of $2,058,671.99; 3)

ratify the release of retention in the amount of $102,933.60; and 4) authorize the Mayor to sign the Notice of Completion, which will be filed with the San Diego County Recorder’s Office.

FINANCIAL STATEMENT:

Final contract amount of $2,058,671.99 was paid by the following funding sources:

Expenditure Account No. 296-10-18-18500-7598-6588296 (ATP Grant) - $1,095,000 Expenditure Account No. 109-10-18-18500-7598-6035109 (SB1-RMRA Gas Tax) - $820,050 Expenditure Account No. 125-10-18-18500-7598-2024125 (Sewer Funds) – $89,640 Expenditure Account No. 307-10-18-18500-7598-6035307 (TransNet Street Resurfacing) - $53,981.99
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Transportation Choices and Infrastructure
ENVIRONMENTAL REVIEW:

A Notice of Exemption was filed with the County Recorder’s Office on October 24, 2024.

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 – Photos
Exhibit B – Final Contract Balance
Exhibit C – Notice of Completion
Exhibit D – Resolution

FINAL CONTRACT BALANCE
DATE: May 28, 2026
PROJECT: Central Community Mobility Enhancements
FY 25-26
CIP No. 19-23
TO: Aster Construction Services
1666.5 McCadden Place
Los Angeles, CA 90028
ORIGINAL CONTRACT AMOUNT: $ 1,915,050.00
START DATE: February 24, 2025
COMPLETION DATE: April 14, 2026
ORIGINAL CONTRACT LENGTH: 120 Working Days
EXTENTION OF WORK DAYS: 72 Working Days
NON-WORKING DAYS: 19 Working Days
WORKING DAYS SUSPENDED: 70 Working Days
TOTAL CONTRACT TIME: 281 Working Days
FINAL CONTRACT AMOUNT: $2,058,671.99
DESCRIPTION:

The Final Contract Balance reports final line-item amounts and summarizes all change orders to produce a final contract amount.

CHANGE ORDERS AND LINE-ITEM ADJUSTMENTS:

Change Order #1 back charged the contractor who chose to work on a Saturday due to crew availability to construct the CMU wall. This resulted in ICCS having to perform inspection at an OT rate for 4 hours.

The contractor was also on site on Cesar Chavez Day, which is a DIR-recognized holiday which resulted in 4 hours of inspection charges. This Change Order total amount was -$ 580.00.

Change Order #2 directed the contractor to install 86 LF of wrought iron fence, a 5' ADA-compliant swing gate, and an ADA-accessible pathway with handrail and curb adjacent to the apartment complex along N Ave. This Change Order total amount was $ 67,808.50.

Change Order #3 required a substitution of material due to the specified product no longer being available. The bollard size was upsized from 4" to 6" diameter. This added cost accounted for the substitution and handling of materials. This Change Order total amount was $ 10,112.42.

Change Order #4 directed the contractor to match the existing historical joints along L Ave when installing the new sidewalk panels. This Change Order total amount was $ 9,905.00.

FINAL CONTRACT BALANCE
Central Community Mobility Enhancements
CIP No. 19-23
Change Order #5 addressed a conflict with the sewer line along N Ave and directed to relocate the sewer line to accommodate the new bicycle path. Additional days were reflected with CO 06 This Change Order total amount was $ 89,640.00.

Change Order #6 provided the contractor with additional working days due to additional concrete work and other misc. change orders not previously identified. This Change Order total amount was $ 0.00.

Change Order #7 directed the contractor to install domes in place of a ramp at the NW, NE corner of 18th & L Ave due to the existing elevations and 0" curb face. An additional dome was needed/modified for the ramp at the SE corner of N Ave, located within the shopping center. This resulted in a total of 13 domes being modified. This Change Order total amount was $ 13,000.00.

Change Order #8 directed the contractor to perform additional concrete work on Newell between 18th & 20th St. The scope of work includes removing and replacing lifted or damaged sidewalk panels, curb and gutter, and driveways. This Change Order total amount was $ 139,363.00.

Change Order #9 provided the contractor with additional days to the delay caused by the redesign of the 2 eastern ramps located along N Ave within the shopping center. This Change Order total amount was $

0.00. Change Order #10 directed the contractor to perform 1 pressure test before backfilling & 1 after backfilling the newly installed sewer manhole located on N Ave. This Change Order total amount was $ 1,348.95.

Change Order #11 directed the contractor to install additional slurry seal on Palmer Way, Palmer St, and Granger from 18th to 20th. This Change Order total amount was $ 27,092.08.

Change Order #12 directed the contractor to install striping at the Camacho Gym parking lot after the slurry seal was completed. This Change Order total amount was $ 6,440.00.

Change Order #13 directed the contractor to perform various striping changes throughout the project which included removals on Palmer Way & Palmer St, striping on Palmer St., N Ave. near the Seafood City to 9th Ave., additional signs on M Ave. between 4th and 8th and a credit for striping work not performed on L Ave. This Change Order total amount was -$ 8,589.74.

Change Order #14 enforced a 10% penalty for Bid Items 17 and 18 per Section 4106 of the Public Contractor Code. ACS failed to list a paving subcontractor and stated they would be performing all paving work themselves. Ultimately, ACS contracted Sealright Paving to perform this work and failed to comply with the subcontractor listing laws governed by the Public Contract Code. This Change Order total amount was -$ 8,332.47.

Change Order #15 back charged the contractor as they failed to complete accurate record drawings as required per Section 3-8.5 of the project specifications. As a result, ICCS performed 3.5 Hours of work to accurately document and complete the as-built drawings at a rate of $178 per hour. This Change Order total amount was -$ 623.00.

All Change Orders listed above increased the total contract amount by $ 346,584.75.

FINAL CONTRACT BALANCE
Central Community Mobility Enhancements
CIP No. 19-23
AS-MEASURED BID ITEM ADJUSTMENTS:

The following bid items and change order items paid by a unit cost were installed and measured in accordance with the plans and direction of the City. As a result, the following items were adjusted above or below the estimated contract quantities as indicated in the chart below:

Line-item adjustments per the attached FINAL BILLING STATEMENT resulted in a decrease of $202,962.76.

ITEM NO. DESCRIPTION UNITS CONTRACT

QUANTITY UNIT PRICE AMOUNT
TOTAL

QUANTITY
OR % TO
DATE
TOTAL

AMOUNT TO
DATE
DELTA
Base Bid
1 Mobilization/Demobilization LS 1 $125,000.00 $ 125,000.00 1.00 $ 125,000.00 $ - 2 Surveying and Construction Staking LS 1 $36,900.00 $ 36,900.00 1.00 $ 36,900.00 $ - 3 Signing and Striping LS 1 $181,236.00 $ 181,236.00 1.00 $ 181,236.00 $ - 4 Traffic Control LS 1 $85,000.00 $ 85,000.00 1.00 $ 85,000.00 $ - 5 Clearing and Grubbing LS 1 $125,000.00 $ 125,000.00 1.00 $ 125,000.00 $ - 6 Water Pollution Control LS 1 $15,000.00 $ 15,000.00 1.00 $ 15,000.00 $ - 7 Construct 4" PCC Sidewalk per SDRSD G-07, G-09, G-10, G-11 SF 1800 $19.00 $ 34,200.00 1504.50 $ 28,585.50 $ (5,614.50) 8 Construct 6" Curb and Gutter per SDRSD G-02 LF 265 $90.00 $ 23,850.00 251.00 $ 22,590.00 $ (1,260.00) 9 Remove and Replace ADA Ramps (All Types) EA 42 $8,200.00 $ 344,400.00 35.00 $ 287,000.00 $ (57,400.00) 10 Furnish and Install Ameristar 4" x 36" Retractable Bollards EA 9 $5,000.00 $ 45,000.00 6.00 $ 30,000.00 $ (15,000.00) 11 Furnish and Install 6' Chain Link Fence per SDRSD M-06 & M-20 LF 160 $125.00 $ 20,000.00 181.00 $ 22,625.00 $ 2,625.00 12 Construct Masonry Retaining Wall Type 3, including Footing per SDRSD C-03 SF 1120 $45.00 $ 50,400.00 1119.36 $ 50,371.20 $ (28.80) 13 Construct Gravity Wall Type B per SDRSD C-09 CY 7 $1,600.00 $ 11,200.00 6.47 $ 10,352.00 $ (848.00) 14 Bonded Fiber Matrix with Hydroseed Mixture SF 2500 $4.00 $ 10,000.00 2235.50 $ 8,942.00 $ (1,058.00) 15 Construct Asphalt Concrete Pavement TN 190 $220.00 $ 41,800.00 187.94 $ 41,346.80 $ (453.20) 16 Construct Class II Aggregate Base TN 490 $90.00 $ 44,100.00 299.37 $ 26,943.30 $ (17,156.70) 17 2" Mill SF 24800 $0.93 $ 23,064.00 23274.75 $ 21,645.52 $ (1,418.48) 18 2" Overlay TN 300 $220.00 $ 66,000.00 280.36 $ 61,679.20 $ (4,320.80) 19 Type II Slurry Seal with Crack Fill SY 18800 $5.50 $ 103,400.00 11970.44 $ 65,837.42 $ (37,562.58) 20 6" Pavement Rehabilitation Dig-out (Construct AC Pavement) TN 20 $300.00 $ 6,000.00 29.11 $ 8,733.00 $ 2,733.00 21 Unclassified Excavation LS 1 $50,000.00 $ 50,000.00 1.00 $ 50,000.00 $ - 22 Removal, Disposal and Replacement of Unsuitable Material CY 100 $250.00 $ 25,000.00 6.39 $ 1,597.50 $ (23,402.50) 23 Relocate Pedestrian Push Button EA 4 $8,000.00 $ 32,000.00 0.00 $ - $ (32,000.00) 24 Replace Loop Detectors (N Avenue at Plaza Blvd) LS 1 $15,000.00 $ 15,000.00 1.00 $ 15,000.00 $ - 25 Reset Survey Benchmarks and Corner Records EA 11 $2,500.00 $ 27,500.00 5.00 $ 12,500.00 $ (15,000.00) 26 Remove and replace PCC Sidewalk (SDRSD G-07) SF 9850 $19.00 $ 187,150.00 9948.00 $ 189,012.00 $ 1,862.00 27 Remove and replace PCC Curb and Gutter (SDRSD G-02) LF 670 $120.00 $ 80,400.00 535.00 $ 64,200.00 $ (16,200.00) 28 Remove and replace PCC Cross Gutter (SDRSD G-12) SF 1400 $28.00 $ 39,200.00 1744.15 $ 48,836.20 $ 9,636.20 29 Remove and replace PCC Driveway SF 1475 $30.00 $ 44,250.00 1771.82 $ 53,154.60 $ 8,904.60 30 Furnish and Install 4' x 4' Filterra Biofiltration System EA 1 $15,000.00 $ 15,000.00 1.00 $ 15,000.00 $ - 31 Furnish and Install Truncated Domes EA 4 $2,000.00 $ 8,000.00 4.00 $ 8,000.00 $ - Total Bid $ 1,915,050.00 $ 1,712,087.24
CO 1 Weekend/Holiday Inspection Deduction LS 1 -$580.00 $ (580.00) 1.00 $ (580.00) $ - CO 2 Wrought Iron Fence & Gate adjacent to the apartment complex LS 1 $67,808.50 $ 67,808.50 1.00 $ 67,808.50 $ - CO 3 Bollard Upsize Substitution LS 1 $10,112.43 $ 10,112.43 1.00 $ 10,112.43 $ - CO 4 Historical Sidewalk LS 1 $9,905.00 $ 9,905.00 1.00 $ 9,905.00 $ - CO 5 Sewer Reconstruction LS 1 $89,640.00 $ 89,640.00 1.00 $ 89,640.00 $ - CO 6 Adjusted Days LS 1 $0.00 $ - 0.00 $ - $ -
CO 7 Domes at 18th LS 1 $13,000.00 $ 13,000.00 1.00 $ 13,000.00 $ - CO 8 Concrete removal and replacement on Newell LS 1 $139,363.00 $ 139,363.00 1.00 $ 139,363.00 $ - CO 9 Adjusted Days LS 1 $0.00 $ - 0.00 $ - $ -
CO 10 Manhole Pressure Testing LS 1 $1,348.95 $ 1,348.95 1.00 $ 1,348.95 $ - CO 11 Additional Slurry Seal LS 1 $27,092.08 $ 27,092.08 1.00 $ 27,092.08 $ - CO 12 Camacho Gym Parking Lot Striping LS 1 $6,440.00 $ 6,440.00 1.00 $ 6,440.00 $ - CO 13 Various striping removals and revisions LS 1 -$8,589.74 $ (8,589.74) 1.00 $ (8,589.74) $ - CO 14 10% Penalty for improper Subcontractor listing LS 1 -$8,332.47 $ (8,332.47) 1.00 $ (8,332.47) $ - CO 15 Inspection Charge LS 1 -$623.00 $ (623.00) 1.00 $ (623.00) $ -

CHANGE ORDER
TOTAL $ 346,584.75 $ 346,584.75
FINAL ADJUSTMENTS $ (202,962.76)
FINAL CONTRACT TOTAL $ 2,058,671.99

GENERAL ITEMS
Change Orders

FINAL CONTRACT BALANCE
Central Community Mobility Enhancements
CIP No. 19-23
CONTRACT SUMMARY:

As a result of the above change orders and line-item adjustments, the contract price is adjusted as follows:

1. The contract price with change order and line items is adjusted to $2,058,671.99.

2. A retention in the amount of $102,933.60 was held until satisfactory completion of said project.

AGREEMENT OF CLAIMS AND DELAYS
This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Aster Construction Services will not be entitled to damages or additional payment for delays as described in the 2024 edition of the Standard Specifications for Public Works Construction, Section 6-4.3, for performing the work as described above.

RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:

NAME: CITY OF NATIONAL CITY
ADDRESS: 1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CA 91950

NOTICE OF COMPLETION
CALIFORNIA CIVIL CODE SECTION 3093
NOTICE IS HEREBY GIVEN of the completion on April 14, 2026 of the:

Central Community Mobility Enhancements, CIP No.19-23
Work of improvement or portion of work of improvement under construction or alteration.

Various locations throughout National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property:

Owner in fee
Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Aster Construction Services
Name of Original Contractor
The following work and material were supplied:

Labor provided: General Laborer, Equipment and Materials to complete the Central Community Mobility Enhancements which included the construction of a south-north low-stress bicycle boulevard between 30th Street and 4th Street and included completion of a road gap on N Avenue between Plaza Blvd and 9th Street. Work included asphalt and concrete improvements, extensive grading, a CMU retaining wall, chain link fence, a Filterra Biofiltration system 45 ADA ramps along the corridor, pavement rehabilitation, Type II slurry and restriping. General statement of kind of labor, services, equipment or materials The names and addresses of co-owners are: N/A
Joint tenants, tenants in common, or other owners
Dated: October 6, 2026; ______________________________________________ Signature of Owner
City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct.

Executed on October 6, 2026 at, National City, California.

Signature: __________________________________

RON MORRISON, MAYOR

RESOLUTION NO. 2026 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1)

ACCEPTING THE WORK PERFORMED BY ASTER CONSTRUCTION SERVICES FOR THE CENTRAL COMMUNITY MOBILITY ENHANCEMENTS PROJECT, CIP NO. 19-23; 2) APPROVING THE FINAL CONTRACT AMOUNT OF $ 2,058,671.99; 3) RATIFYING THE RELEASE OF RETENTION IN THE AMOUNT OF $102,933.60; AND 4) AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF COMPLETION.

WHEREAS, the Central Community Mobility Enhancements Project, CIP No. 19-23, consisted of constructing approximately 1.7 miles of bicycle facilities that provide north-south connections through the Central, Olivewood, and Las Palmas neighborhoods in the City (the “Project”); and
WHEREAS, on October 15, 2024, the City Council awarded the contract to Aster Construction Services (“ACS”) in the amount not to exceed $1,915,050 and authorized a 15% contingency in the amount of $287,257.50 to address any unforeseen conditions that may arise; and
WHEREAS, on February 20, 2025, the Notice to Proceed with construction was issued to ACS; and
WHEREAS, construction on the Project started on February 24, 2025, and was completed on April 14, 2026; and
WHEREAS, Project change orders and line-item adjustments increased the contract by $143,621.99, which resulted in a 7.49% increase to the original contract award, for a final contract balance of $2,058,671.99; and
WHEREAS, the Notice of Completion will be filed with the San Diego County Recorder’s Office.

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 accepts the work performed by Aster Construction Services for the Central Community Mobility Enhancements Project, CIP No. 19-23.

Section 2: That the City Council hereby approves the final contract balance of $2,058,671.99.

Section 3: That the City Council hereby ratifies the release of retention in the amount of $102,933.60.

Section 4: That the City Council hereby authorizes the Mayor to sign the Notice of Completion.

Section 5: 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 6th day of October, 2026.

Ron Morrison, Mayor
ATTEST:

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

Heidi Skinner, City Attorney

AGENDA REPORT
Department: Fire Department
Prepared by: Jeremy Day, Battalion Chief
Meeting Date: Tuesday, October 6, 2026
Approved by: Douglas J. Schulze, City Manager
SUBJECT:

Purchase of Five (5) Type III Advanced Life Support Ambulances for the Fire Department.

RECOMMENDATION:

Adopt a Resolution Entitled: “Resolution of the City Council of the City of National City, California, 1) Waiving of the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto HoustonGalveston Area Council (HGACBuy) Contract No. AM10-23 with Braun Northwest, Inc. for the Purchase of Five (5) 2027 North Star Type III Advanced Life Support Ambulances in an Amount Not to Exceed $1,459,951.50, and 2) Authorizing the Establishment of an Appropriation in the Amount of $1,460,000 in the Ambulance Transport Services Enterprise Fund and a Corresponding Appropriation in the Vehicle Acquisition Fund.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The City Council recently authorized the establishment of an in-house Ambulance Transport Services (ATS) program to provide emergency ambulance transport services directly through the National City Fire Department.

Implementation of the ATS program requires the acquisition of ambulances and other operational resources necessary to begin service delivery. Staff recommends the purchase of five (5) 2027 North Star Type III ambulances manufactured by Braun Northwest, Inc. and built on Ford E-450 ambulance-prep chassis. The proposed vehicles have been configured to meet the operational requirements of the National City Fire Department and are intended to serve as the initial fleet for the ATS program, consisting of three frontline transport units and two reserve units to provide operational continuity, maintenance coverage, and surge capacity.

The total purchase price for the five ambulances is $1,459,951.50, which includes vehicle base pricing, customization options, inspection travel, taxes, delivery, applicable HGAC administrative fee, and contingency funding incorporated into the vendor’s proposal. Delivery is projected for June 2027, which aligns with the anticipated implementation schedule for the ATS program.

Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto the Houston-Galveston Area Council (HGACBuy) cooperative purchasing contract, Contract No. AM10-23 with Braun Northwest, Inc. to allow for the purchase.

NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any 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 HGACBuy Contract No. AM10-23 with Braun Northwest, Inc. was competitively bid through a Request for Proposals (RFP) process and that the HGACBuy procurement procedures are in substantial compliance with those of the City of National City.

Therefore, staff requests that City Council adopt the resolution as stated.

FINANCIAL STATEMENT:

On September 15, 2026, per Resolution No. 2026-120, the City Council authorized a loan from the Sewer Fund to the ATS Enterprise Fund for the start-up costs of the City’s in-house Ambulance Transport Services program. A budget for the current fiscal year for the ATS fund is being worked on to present to the City Council, but in the interim, to process the purchase of the five ambulances, the City Council is asked to approve the establishment of an appropriation in the ATS fund of $1,460,000 for a transfer to the Vehicle Acquisition Fund based on that loan. It is also necessary to establish a matching appropriation in the Vehicle Acquisition Fund, the fund through which all City vehicles are purchased. Beginning in fiscal year 2027, the ATS Enterprise Fund will incur an annual internal service fund charge to build reserves for the future replacement of the ambulances.

Budget Adjustment Detail
Ambulance Transport Services Fund:

Revenue Account: None (Cash from Sewer Fund loan) *
Expenditure Account: 126-70-22-22600-8644- Transfer Out to the Vehicle Acquisition Fund Vehicle Acquisition Fund:

Revenue Account: 644-10-31-31100-4126- Transfer in from ATS Fund Expenditure Account: 644-10-22-22600-7511- Automotive Equipment (Fire) *Payment to the vendor is due upon delivery of the vehicles, which is estimated to be in June 2027. At that time, cash would be transferred to the Ambulance Transport Services Fund from the Sewer Fund and then from the ATS fund to the Vehicle Acquisition Fund.

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 - Braun Northwest HGAC Proposal and Option Page 8-25-26 Exhibit B - Executed Contract-Braun Northwest, Inc. (HGAC Contract No. AM10-23) Exhibit C - Resolution

H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Braun Northwest, Inc. - Public Services - ID: 11091

MASTER GENERAL PROVISIONS
This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Braun Northwest, Inc., hereinafter referred to as the Contractor, having its principal place of business at 150 North Star Drive, Chehalis, WA 98532.

WITNESSETH:

WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:

ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto.

ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.

ARTICLE 3: PUBLIC INFORMATION
Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will request such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process.

ARTICLE 4: INDEPENDENT CONTRACTOR
The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Master Agreement or act of HGAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H-GAC, the State of Texas, or the United States Government. Employees of the Contractor are DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.

ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.

ARTICLE 6: SUSPENSION AND DEBARMENT
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 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 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to the Federal Rule above, Respondent 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 or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous.

ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below:

1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;

5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/primesubcontracting NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency.

Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

considered in a procurement transaction, etc.

ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Master Agreement.

ARTICLE 9: PERFORMANCE PERIOD
This Master Agreement shall be performed during the period which begins Oct 01 2023 and ends Sep 30 2027. All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement.

ARTICLE 10: PAYMENT OR FUNDING
Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract.

ARTICLE 11: PAYMENT FOR WORK
The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice.

ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISCOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer.

ARTICLE 13: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Master Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this Master Agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this Master Agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Master Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Master Agreement.

ARTICLE 14: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions.

ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.

ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to HGAC.

ARTICLE 17: TAX EXEMPT STATUS
H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly.

Exemption certificates will be provided upon request.

ARTICLE 18: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Master Agreement. HGAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.

Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party Master Agreements.

ARTICLE 19: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved.

If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.

ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS
Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service.

H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded.

ARTICLE 21: CHANGE ORDERS AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.

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B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein.

C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC.

ARTICLE 22: CONTRACT ITEM CHANGES
A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.

B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion.

If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H- GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.

C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers.

D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval.

ARTICLE 23: CONTRACT PRICE ADJUSTMENTS
Price Decreases
If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing.

Price Increase
Contractors may request a price increase for items priced as Base Bid items and Published Options. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

the previous bid price. Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges or other governmental actions, or other economic factors. Manufacturer price/contract changes involving the sale of motor vehicles will be considered and may be allowed during the entire contract period subject to submission and verification of the proper documentation required for a contract change as referenced in this section.

Price Changes
Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g., ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes.

For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document.

The request must include the new catalog or price sheet. All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer.

Requesting Price Increase/Required Documentation
Contractor must submit a written overview of changes requested and reasons for the request, stating the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must be supported with substantive documentation (e.g., notices from suppliers and manufacturers of pricing changes in products, components, transportation, raw materials or commodities, and/or product availability, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid.

The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to Lead Program Coordinator, [email protected].

Review/Approval of Requests
If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request.

ARTICLE 24: DELIVERIES AND SHIPPING TERMS
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order.

Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor. The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage. Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise.

ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS)
There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor.

ARTICLE 26: MANUALS
Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered.

ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC.

Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior approval.

ARTICLE 28: WARRANTIES, SALES, AND SERVICE
Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty.

Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.

ARTICLE 29: TERMINATION PROCEDURES
The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default.

H-GAC will not pay for any expenses incurred after the termination date of the contract.

A. Convenience
H-GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.

The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC.

B. Default
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Master Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion of services herein specified within the Master Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of ten (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.

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(3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User.

ARTICLE 30: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect.

ARTICLE 31: FORCE MAJEURE
To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC.

ARTICLE 32: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement.

A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member.

The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists.

B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC.

ARTICLE 33: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 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 Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II.

Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) 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 (P.L. 94-163).

ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020 AND AS AMENDED OCTOBER 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.

ARTICLE 35: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds H-GAC should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). H-GAC must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with H-GAC to provide all required certifications and other documentation needed to show compliance.

ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency.

The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.

The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.

The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement.

ARTICLE 37: INDEMNIFICATION AND RECOVERY
H-GAC’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement.

ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement.

ARTICLE 39: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement.

ARTICLE 40: JOINT WORK PRODUCT
This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.

ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL
H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 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; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT
Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

ARTICLE 43: DISCRIMINATION
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination.

These include, but are not limited to:
a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin;
b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;
c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and
j) The requirements of any other nondiscrimination statute(s) that may apply to the application.

ARTICLE 44: DRUG FREE WORKPLACE
Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable.

For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy.

ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS
Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions.

ARTICLE 46: WARRANTY AND COPYRIGHT
Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming.

ARTICLE 47: DATA HANDLING AND SECURITY
It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables.

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ARTICLE 48: DISPUTES
All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H-GAC's final decision.

ARTICLE 49: CHOICE OF LAW: VENUE
This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.

ARTICLE 50: ORDER OF PRIORITY
In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments.

ARTICLE 51: WHOLE MASTER AGREEMENT
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties.

ARTICLE 52: UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT (SAM) In accordance with 2 CFR Title 2, Subtitle A, Chapter I, Part 25 as it applies to a Federal awarding agency's grants, cooperative agreements, loans, and other types of Federal financial assistance as defined in 2 CFR 25.406.

Contractor understands and as it relates to 2 CFR 25.205(a), a Federal awarding agency may not make a Federal award or financial modification to an existing Federal award to an applicant or recipient until the entity has complied with the requirements described in 2 CFR 25.200 to provide a valid unique entity identifier and maintain an active SAM registration (www.SAM.gov) with current information (other than any requirement that is not applicable because the entity is exempted under § 25.110). 2 CFR 25.200(b) requires that registration in the SAM prior to submitting an application or plan; and maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency; and provide its unique entity identifier in each application or plan it submits to the Federal awarding agency. To remain registered in the SAM database after the initial registration, the applicant is required to review and update its information in the SAM database on an annual basis from the date of initial registration or subsequent updates to ensure it is current, accurate and complete. At the time a Federal awarding agency is ready to make a Federal award, if the intended recipient has not complied with an applicable requirement to provide a unique entity identifier or maintain an active SAM registration with current information, the Federal awarding agency: (1) May determine that the applicant is not qualified to receive a Federal award; and (2) May use that determination as a basis for making a Federal award to another applicant.

ARTICLE 53: PROCUREMENT OF RECOVERED MATERIALS
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In accordance with 2 CFR 200.323, the Houston-Galveston Area Council and the Contractor or Subrecipient must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 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; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the Contractor or Subrecipient certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Agreement will be at least the amount required by the applicable contract specifications or other contractual requirements.

SIGNATURES:

H-GAC and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by:

Braun Northwest, Inc.

Signature $docusign:SignHere::Customer1
Name Tami McCallum

Title V.P. Sales
Date $docusign:DateSigned::Customer1
H-GAC
Signature $docusign:SignHere::InternalSigner
Name Chuck Wemple
Title Executive Director
Date $docusign:DateSigned::InternalSigner
DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC 10/16/2023 10/23/2023

H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Braun Northwest, Inc. - Public Services - ID: 11091

MASTER SPECIAL PROVISIONS
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed.

Incorporated by attachment, as part of the whole Master Agreement, H-GAC and the Contractor do, hereby agree to the Master Special Provisions as follows:

ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.

ARTICLE 2: END USER MASTER AGREEMENTS (“EUA”)
H-GAC acknowledges that the END USER, which is the HGACBuy customer utilizing the contract (CUSTOMER and END USER may be used interchangeably) may choose to enter into an End User Master Agreement (EUA) with the Contractor through this Master Agreement. A CUSTOMER/END USER is a state agency, county, municipality, special district, or other political subdivision of a state, or a qualifying non-profit corporation (providing one or more governmental function or service that possess legal authority to enter into the Contract. The term of the EUA may exceed the term of the current H-GAC Master Agreement.

H-GAC’s acknowledgement is not an endorsement or approval of the End User Master Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the CUSTOMER/END USER, any terms or conditions that conflict with those in Contractor’s Master Agreement with H-GAC. Contractor affirms that termination of its Master Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration.

Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with CUSTOMER/END USER. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Master Agreement between H-GAC and Contractor.

ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its CUSTOMER/END USER as provided in its most favorable past Master Agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Master Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the CUSTOMER/END USER.

EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer, or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies.

ARTICLE 4: PARTY LIABILITY
Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.

Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.

Contractor accepts liability to repay, and shall repay upon demand to CUSTOMER/END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement.

ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the CUSTOMER/END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.

ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to CUSTOMER/END USER based on the pricing and terms of this Master Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of a CUSTOMER/END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent CUSTOMER/END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of a CUSTOMER/END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Master Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC.

In no event shall H-GAC have any liability to Contractor for any goods or services a CUSTOMER/END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor.

ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the CUSTOMER/END USER at the time a CUSTOMER/END USER purchase order is placed, to determine terms for any liquidated damages.

ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:

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a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody, or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC.
d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.
e. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. f. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. g. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.

ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the CUSTOMER/END USER. Contractor shall quote a price to CUSTOMER/END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of CUSTOMER/END USER's purchase order.

ARTICLE 10: ORDER PROCESSING CHARGE
H-GAC will apply an Order Processing Charge for each sale done through the H-GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the CUSTOMER/END USER. Contractor will need to refer to the solicitation for the Order Processing Charge.

ARTICLE 11: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Master Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement.

ARTICLE 12: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS
In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following:

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a. Be new, unused, and not refurbished.
b. Not be a prototype as the general design, operation, and performance. This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace.
c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery.

Such accessories shall be assembled, installed, and adjusted to allow continuous operation of Product at time of delivery.
d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any END USER/CUSTOMER. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials.
f. Be available for inspection at any time prior to or after procurement.

ARTICLE 13: TEXAS MOTOR VEHICLE BOARD LICENSING
All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Master Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request.

ARTICLE 14: INSPECTION/TESTING
All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H-GAC and/or the ordering CUSTOMER/END USER, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement, and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the responsibility of the Contractor.

ARTICLE 15: ADDITIONAL REPORTING REQUIREMENTS
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
a. CUSTOMER/END USER Name
b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number
d. Purchase Order Date
e. Product/Service dollar amount
f. HGACBuy Order Processing Charge amount
ARTICLE 16: BACKGROUND CHECKS
Cooperative customers may request background checks on any awarded contractor’s employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the CUSTOMER/END USER.

ARTICLE 17: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL

CERTIFICATION
As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code:

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1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

ARTICLE 18: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) ARTICLE 19: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020 and as amended October 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. ‘‘Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that Contractors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.

ARTICLE 20: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) With respect to products purchased by CUSTOMER/END USER for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs.

In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC CUSTOMER/END USER may decide not to purchase from Contractor. Additionally, H-GAC DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

CUSTOMER/END USER may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement.

ARTICLE 21: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and Transit Projects)
With respect to products purchased by CUSTOMER/END USER for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. With respect to products purchased by CUSTOMER/END USER for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R.

Sections 661.6 or 661.12, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs.

ARTICLE 22: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a CUSTOMER/END USER using federal grant award funds should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The CUSTOMER/END USER must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, they shall work with the CUSTOMER/END USER to provide all required certifications and other documentation needed to show compliance.

ARTICLE 23: TITLE VI REQUIREMENTS
H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Master Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

ARTICLE 24: EQUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all Contracts and CUSTOMER/END USER Purchase Orders that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and agrees that it will comply with such provision.

ARTICLE 25: CLEAN AIR AND WATER POLLUTION CONTROL ACT
CUSTOMER/END USER Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

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).

Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of 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) and will remain in compliance during the term of the Contract.

ARTICLE 26: PREVAILING WAGE
Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act, 40 U.S.C. 276a – 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5.

ARTICLE 27: CONTRACT WORK HOURS AND SAFETY STANDARDS
As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all CUSTOMER/END USER Purchase Orders 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 CFR Part 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.

ARTICLE 28: PROFIT AS A SEPARATE ELEMENT OF PRICE
For purchases using federal funds more than the current Simplified Acquisition Threshold of $250,000, requires negotiation of profit as a separate element of the price. See, 2 CFR 200.324(b). Contractor agrees to provide information and negotiate regarding profit as a separate element of the price for the purchase. Contractor also agrees that the total price, including profit, charged by Contractor will not exceed the awarded pricing, including any applicable discount, under any awarded contract.

ARTICLE 29: BYRD ANTI-LOBBYING AMENDMENT
Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has not 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. Each tier must also 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 CUSTOMER/END USER. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that:

1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

with the awarding of a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the entering into a cooperative Master Agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative Master Agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence, an officer or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Master Agreements) and that all subcontractors shall certify and disclose accordingly.

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

ARTICLE 30: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS,

SUBGRANTS, COOPERATIVE MASTER AGREEMENTS, AND CONTRACTS Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15.

ARTICLE 31: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor certifies that Contractor will be in compliance with 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 (Pub. L. 94-163, 89 Stat. 871).

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Ambulances, EMS & Special Service Vehicles
Request For Proposal
HGACBuy/Cooperative Purchasing Program
Project ID: AM10-23
Release Date: Friday, June 9, 2023
Due Date: Thursday, August 10, 2023 12:00pm
Posted Friday, June 9, 2023 7:00am
Bid Unsealed Thursday, August 10, 2023 12:03pm
Pricing Unsealed Thursday, August 10, 2023 12:03pm
All dates & times in Central Time

3. Scope of Work / Specifications
This is an indefinite quantity/indefinite delivery offerings contract. The HGACBuy Customer is responsible to ensure adequate competition is performed between the various contractors or contractors outside of HGACBuy to determine price reasonableness that might be required per any funding agency. Customer will need to ensure compliance with any funding agency requirements before proceeding with a purchase order under this contract. Please consult legal counsel regarding questions concerning compliance as a contractor under this solicitation.

3.1. Overview
H-GAC is soliciting responses for selecting qualified manufacturers, dealers, distributors, and service providers of Ambulances, EMS and Other Specialty Vehicles and related services to make these types of products and services available to Customers of the HGACBuy Cooperative Purchasing Program under blanket type contracts. Customers (end users) may require selective acquisitions of equipment and/or services OR full turnkey projects necessitating additional services, training, and maintenance agreements. H-GAC is seeking the broadest possible selection of available ambulances, emergency medical response and specialty vehicles to best serve our customers by providing the largest selection of products/services available to meet their needs. This solicitation may include a request for a discount percent off price catalog, category, or manufacturer, or price list for supplies, materials, or not to exceed hourly rates for installation or repair. Respondents are not required to provide offerings on all categories.

3.2. Categories
This Solicitation is divided into ten (10) separate but related product categories (A-J). When submitting a response, Respondent may choose to submit a response to any of the categories or all of them. No additional weighted value will be assigned to a response that addresses more than one or all categories listed. All equipment must be the manufacturer’s new and current model and must be fully operational upon delivery to the Customer.

Alternative Fuel Vehicles: All responses that include electric, hybrid, or other alternative fuel vehicles must include these vehicles in Category G. If that specific vehicle is also available with an internal combustion engine (ICE), please list the ICE vehicle separately in the appropriate vehicle category. Category G will only include the alternative fuel vehicles, regardless of vehicle function or type.

Product categories are as follows:

DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

1. Ambulance
Response listings/descriptions must be organized by major sub-categories, which include Manufacturer, Type (I, II, or III), module configurations/dimensions, chassis (make and model), 2WD/4WD, and fuel type.

2. Light/Medium Duty EMS Rescue Vehicle
Response listings/descriptions must be organized by major sub-categories, which include manufacturer, model, type/function, chassis (make and model), dimensions, 2WD/4WD, and fuel type.

3. Other Specialty Vehicle or Equipment
Category includes vehicles or trailers for command, communication, tactical response, or other related emergency response functions. Response listings/descriptions must be organized by major sub-categories, which shall include manufacturer, model, type/function, chassis (make and model), axle configuration, dimensions, 2WD/4WD, and fuel type.

4. EMS Vehicle Conversions
Response listings/descriptions must be organized by major sub-categories, which include manufacturer, model, type/function, chassis, 2WD/4WD, and fuel type.

5. Remount Services Only
Pricing for this service must include the cost of removing an existing body and reinstalling it on a different chassis, only. This service would apply where the chassis was supplied by the end user.

Note: Remounting Services are to be performed by an authorized dealer/remounter. Any specific certifications or warranties that may be requested by an end user regarding remounts is the end user’s responsibility and will be negotiated between the end user and the supplier/contractor when services are quoted.

6. Remount on Contractor Supplied Chassis
Pricing for these items must include the cost of the chassis plus the removal and reinstallation of the body.

7. Electric/Alternative Fuel Ambulance/EMS/Rescue Vehicles Response listings must be organized by manufacturer, model, vehicle type/function, and primary fuel/propulsion type.

8. Ambulance/EMS/Rescue Vehicle Service/Maintenance Plans Response listings must include specific details about which fees are included in costs, including current labor rates, and fee structures.

9. Ambulance/EMS/Rescue Vehicle Parts and Supplies
Response listing must include percentage discount.

10. Ambulance/EMS/Rescue Vehicle Options
Response listing must include percentage discount.

DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

3.3. General Requirements
All products priced and sold pursuant to this Solicitation must, as applicable:

1. Meet all applicable requirements of federal, state and local laws and regulations.

2. Be manufacturer's normal offering with all standard features and functions and performance levels.

3. Be ready for turn-key operation upon delivery.

4. Respondent must include specifications, brochures, warranty information, and any other relevant product information with solicitation Response.

Note: “Unpriced/unpublished” options cannot be quoted on the Base Pricing List and may not be sold through this contract.

3.4. Additional Requirements
Licenses

1. Contractor must have and maintain the appropriate license(s) as required by the State of Texas, Department of Transportation, Division of Motor Vehicles, Motor Vehicle Commission Code [latest edition], or any other local, state and federal licenses required and which are applicable to the respondent’s operations.

2. The prescribed licenses must include the manufacturer/respondent, and any and all dealers and their representatives as may be required by the Motor Vehicle Division. Contractor must ensure all emergency and specialty vehicles sold are in accordance with the laws of the state where the sale and acquisition are made.

3. Contractor must maintain all licensing required by the State of Texas as applicable to their business operations during the entire contract term. If during the contract period such licensing lapses, Contractor will be in default and become subject to contract termination unless issued a stay or waiver.

Manuals

1. Contractor must supply at the time of delivery, at least two (2) sets of complete operations and service documentation covering the completed emergency vehicles as delivered and accepted (as per latest edition of KKK-A-1822F).

2. Respondent must supply the following information with their response: Technical Specifications, Product Brochures, Tear Sheets, Cut Sheets, Strippers, etc. which clearly show all the standard features and capabilities of each listing being bid.

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Warranty
Contractors must comply with the minimum warranty and maintenance requirements described below for any products or services provided under this Solicitation.

1. Contractor must furnish with response, and for all equipment sold through this H-GAC contract, the manufacturer's general warranty, which must be honored by all the manufacturer's authorized service locations.

2. All service/maintenance plan listings must clearly indicate the cost structure for such plans, clearly indicating which costs and fees are included (such as: hourly labor rates, shop fees, supply fees, environmental fees).

3. The Contractor will handle all warranty claims and all work must be completed within ten (10) calendar days after receipt of equipment/vehicle by the Contractor without cost to H-GAC or the Customer. Delayed warranties must be available for all vehicles and equipment. Warranty start date will be effective the date that the completed unit is placed into service by the Customer. The Contractor must furnish a delayed warranty card/document for each unit delivered and/or advise the Customer of the procedures to be followed for obtaining the delayed start of warranty coverage. Requests for delayed warranties will not exceed six months after delivery.

4. Any and all documents necessary to effect manufacturer’s warranty must be properly applied for and submitted by the Contractor. The Contractor will provide to H-GAC and the Customer a manufacturer’s warranty which will be honored by any of the manufacturer’s authorized dealers and a complete copy must be provided at the time of delivery. When additional warranties are available as standard, they must be included as a part of the response for the benefit of H-GAC and Customer.

5. The patient compartment, all modifications to the OEM chassis by Contractor on the accepted unit, equipment and parts will be guaranteed for a minimum period of one (1) year against defects in design, materials, and workmanship. The warranty period will begin upon final acceptance of the equipment. This warranty will cover parts and labor expenses.

6. On Type I & III emergency medical service MODULE the warranty period will be fifteen (15) years.

7. This warranty will be upgraded to its original status each time the module is remounted by Contractor, or a Contractor authorized remount facility, not to exceed five (5) years above the original warranty.

8. In the event any component part of equipment or materials furnished under these specifications, or its subsequent contract(s), becomes defective by reason of material or workmanship during said period, and the end user agency immediately notifies Contractor of such defect, Contractor will, at no expense to the End User agency or H-GAC, repair or replace equipment or component with new equipment or component.

9. Warranty of all system equipment is the sole responsibility of the Contractor under contract, but may be performed by their certified, designated agent.

DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

3.5. Vehicle Requirements
All equipment and vehicles must be new and be the manufacturer’s latest and current model. Each vehicle must be fully assembled, adjusted, serviced and ready for immediate and continuous operation upon delivery. If the equipment or vehicle does not meet the specification requirements upon delivery, Contractor will be responsible for correcting all deficiencies and making any corrections or adjustments needed to attain specification requirements.

All equipment and vehicles must conform to applicable local, state, federal requirements and must comply to all applicable industry standards (examples: National Fire Protection Association (NFPA), Commission on Accreditation of Ambulance Services (CAAS), Federal Specification for the Star-of-Life Ambulance (KKK-A-1822F), Occupational Safety and Health Administration (OSHA)).

3.6. Service / Maintenance Plans and Parts
All service/maintenance plan listings must clearly indicate the cost structure for such plans, clearly indicating which costs and fees are included (ex: hourly labor rates, shop fees, supply fees, environmental fees).

3.7. Labor Hours Definitions
If the awarded contract contains hours for labor related services, the following definitions will apply:

1. “Business Day” Monday through Friday

2. “Business Hours” Standard Business Hours 8 a.m. to 5 p.m.

3. “Regular Time” Work that occurs during standard business hours

4. “Emergency Time” Work that occurs outside standard business hours

3.8. Administrative Fee
For each purchase order processed under an awarded contract, H-GAC will directly invoice the contractor an administrative fee (Order Processing Charge) applicable to the sale of all equipment and services submitted in contractor’s response. It is the contractor’s responsibility to remit the administrative fee within thirty (30) days of processing any customer’s purchase order, even if an invoice is not received from H-GAC. Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. For this solicitation the administrative fee is as follows:

Administrative Fee (per Purchase Order)
Category A – Ambulance: $1,000 per purchase order
Category B – Light/Medium Rescue Vehicle: $1,000 per purchase order Category C – Specialty Vehicle/Equipment:

DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

Light Rescue/Special Service $1,000 per purchase order
Heavy Rescue/Special Service $2,000 per purchase order
All Trailers 2% per purchase order
Category D – EMS Vehicle Conversions: $1,000 per purchase order Category E – Remount Services Only: $600 per purchase order Category F – Remount on Contractor Supplied Chassis: $600 per purchase order Category G –Electric/Alternative Fuel Vehicles Determined by category of vehicle Category H –Service/Maintenance Plans: 2% per purchase order Category I - Ambulance/Vehicle Parts and Supplies 2% per purchase order Category J - Ambulance/EMS/Rescue Vehicle Options No separate fee - part of vehicle

3.9. Final Contract Deliverables
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
• Customer Name and address
• HGACBuy confirmation number
• Product/Service purchased, including Product Code, if applicable • Customer Purchase Order Number
• Purchase Order Date
• Product/Service dollar amount
• HGACBuy Order Processing Charge amount
Reports must be provided to H-GAC in Excel or other acceptable electronic format by the 30th day of the month following the quarter being reported. If Contractor defaults in providing Products or Services reporting as required by the contract, recourse may be exercised through cancellation of the contract and other legal remedies as appropriate.

DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

Attachment A
Braun Northwest, Inc.

Ambulances, EMS & Special Service Vehicles
Contract No.: AM10-23
Manufacturer Product Item Description Offered List
Price
HGACBuy
Discount
Category A - Ambulance
Braun
Northwest, Inc. AM23CA01 North Star - Type 1 - Ford F-350 4x4 - Diesel Engine - 147"L x 94"W x 72" HR $ 212,653.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CA02 North Star - Type 1 - Ford F-350 4x4 - Diesel Engine - 155"L x 94"W x 72" HR $ 237,613.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CA03 North Star - Type 1 - Ram 3500 4x4 - Diesel Engine - 147"L x 94"W x 72" HR $ 221,543.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CA04 North Star - Type 1 - GMC K3500 4x4 - Diesel Engine - 147"L x 94"W x 72" HR $ 211,873.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CA05 North Star - Type 1 - Chevrolet 4500 4x4 - Diesel Engine - 167"L x 94"W x 72" HR $ 239,292.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CA06 North Star - Type 1 - Ford F-450 4x4 - Diesel Engine - 147"L x 94"W x 72" HR $ 231,346.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CA07 North Star - Type 1 - Ford F-450 4x4 - Diesel Engine - 167"L x 94"W x 72" HR $ 235,296.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CA08 North Star - Type 1 - Ram 4500 4x4 - Diesel Engine - 167"L x 94"W x 72" HR $ 244,557.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CA09 North Star - Type 1 - Medium Duty - Ford F-650 4x2 - Diesel Engine - 167''L x 96''W x 72'' HR
$ 266,552.00 -$ 1,500.00
Braun
Northwest, Inc. AM23CA10 North Star - Type 1 - Medium Duty - International - Diesel Engine - 167"L x 96''W x 72'' HR $ 269,771.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CA11 North Star - Type 1 - Medium Duty - Freightliner - Diesel Engine - 167"L x 96''W x 72'' HR $ 275,270.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CA12 North Star - Type 2 - MB Sprinter Van $ 156,817.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CA13 North Star - Type 2 - Promaster Van $ 159,701.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CA14 North Star - Type 2 - Ford Transit AWD Gas $ 164,638.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CA15 North Star - Type 3 - Ford E-350 - Gas Engine - 147"L x 94"W x 72" HR $ 192,750.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CA16 North Star - Type 3 - GMC G3500 - Gas Engine - 147"L x 94"W x 72" HR $ 199,296.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CA17 North Star - Type 3 - Ford E-450 - Gas Engine - 167"L x 94"W x 72" HR $ 199,690.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CA18 North Star - Type 3 - GMC 4500 - Gas Engine - 167"L x 94"W x 72" HR $ 204,991.00 -$ 1,500.00 Category B - Light/Medium EMS Rescue Vehicle
Braun
Northwest, Inc. AM23CB01
North Star - Fire Rescue - Ford F-550 4x4 Crew Cab - Diesel Engine - 116"L x 94"W $ 199,255.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CB02
North Star - Fire Rescue - Ford F-550 4x4 Regular Cab - Diesel Engine - 116"L x 94"W $ 191,824.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CB03
North Star - Fire Rescue - Ram 5500 4x4 Crew Cab - Diesel Engine - 116"L x 94"W $ 207,228.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CB04
North Star - Fire Rescue - Ram 5500 4x4 Regular Cab - Diesel Engine - 116"L x 94"W $ 199,338.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CB05
North Star - Fire Rescue - Ford F-550 4x4 Crew Cab - Diesel Engine - 147"L x 94"W $ 200,248.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CB06
North Star - Fire Rescue - Ford F-550 4x4 Regular Cab - Diesel Engine - 147"L x 94"W $ 193,322.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CB07
North Star - Fire Rescue - Ram 5500 4x4 Crew Cab - Diesel Engine - 147"L x 94"W $ 208,726.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CB08
North Star - Fire Rescue - Ram 5500 4x4 Regular Cab - Diesel Engine - 147"L x 94"W $ 200,836.00 -$ 1,500.00 1 DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

Braun
Northwest, Inc. AM23CB09
North Star - Fire Rescue - Ford F-550 4x4 Regular Cab - Diesel Engine - 167"L x 94"W $ 198,322.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CB10
North Star - Fire Rescue - Ram 5500 4x4 Regular Cab - Diesel Engine - 167"L x 94"W $ 205,836.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CB11
North Star - Fire Rescue - Ford F-550 4x4 Regular Cab - Diesel Engine - 192"L x 94"W $ 220,140.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CB12
North Star - Fire Rescue - Ram 5500 4x4 Regular Cab - Diesel Engine - 192"L x 94"W $ 226,270.00 -$ 1,500.00 Category C - Other Specialty Vehicle or Equipment
Braun
Northwest, Inc. AM23CC01 North Star - Prisoner Transport - Ford E-350 - Gas Engine - 138"L x 94"W x 57.875''HR $ 140,354.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CC02 North Star - Prisoner Transport - Ford F-350 4x4 - Diesel Engine - 143"L x 94"W x

57.75"HR $ 155,542.00 -$ 1,500.00
Braun
Northwest, Inc. AM23CC03 North Star - Prisoner Transport - Ford F-450 4x2 Regular Cab - Diesel Engine - 191"L x 94"W x 72.875"HR $ 196,087.00 -$ 1,500.00
Braun
Northwest, Inc. AM23CC04 North Star - Prisoner Transport - Ford F-550 4x2 - Regular Cab - Diesel Engine - 197''L x 94''W x 73'' HR $ 213,909.00 -$ 1,500.00
Braun
Northwest, Inc. AM23CC05 North Star - Prisoner Transport - Freightliner M2 4x2 - Regular Cab - Diesel Engine - 197''L x 94'' W x 73''HR $ 245,915.00 -$ 1,500.00
Braun
Northwest, Inc. AM23CC06 North Star - Prisoner Transport - Ford F-650 4x2 - Super Cab - Diesel Engine - 197''L x 94'' W x 73''HR $ 246,335.00 -$ 1,500.00
Braun
Northwest, Inc. AM23CC07 North Star - Prisoner Transport - Ram 4500 4x2 - Regular Cab - Gas Engine - 197"L x 94"W x 72 "HR $ 217,020.00 -$ 1,500.00
Braun
Northwest, Inc. AM23CC08 North Star - EOD Command - Ford F-550 4x4 - Regular Cab - Diesel Engine - 191''L x 94'' W x 80'' HR $ 274,359.00 -$ 1,500.00
Braun
Northwest, Inc. AM23CC09 North Star - EOD Command - International MV607 4x2 - Crew Cab - Diesel Engine - 222''L x 100''W x 84''HR $ 364,112.00 -$ 1,500.00
Braun
Northwest, Inc. AM23CC10 North Star - SWAT Command - Ford F-550 4x4 - Regular Cab - Diesel Engine - 192''L x 94'' W x 78'' HR $ 234,524.00 -$ 1,500.00
Braun
Northwest, Inc. AM23CC11 North Star - Hazardous Materials Command - Ford F-550 4x4 - Regular Cab - Diesel Engine - 189''L x 96'' W x 72'' HR $ 273,464.00 -$ 1,500.00
Braun
Northwest, Inc. AM23CC12 North Star - Crime Scene Command - Ford F-350 4x4 - Diesel Engine - 147''L x 94''W x 72''HR $ 228,796.00 -$ 1,500.00
Braun
Northwest, Inc. AM23CC13 North Star - Mobile Command - Ford F-650 4x2 - Diesel Engine - 196''L x 94''W x 76''HR $ 290,290.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CC14 North Star - Wildland Crew Body - 198''L x 98''W x 78'' HR $ 215,849.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CC15 North Star - Command Van - Transit AWD - Gas $ 152,873.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CC16 North Star - Prisoner Transport - Freightliner M2 106 Plus 4x2 - Diesel Engine - 351"L x 102"W x 117" HR $ 494,629.00 -$ 1,500.00
Category E - Remount Services Only
Braun
Northwest, Inc. AM23CE01 North Star - Remount of Northstar Module $ 56,159.00 -$ 1,500.00 Category F - Remount on Contractor Supplied Chassis
Braun
Northwest, Inc. AM23CE02
North Star - Remount of Northstar Module - Ford F-350 4x4 - Regular Cab - Diesel Engine $ 129,926.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CE03
North Star - Remount of Northstar Module - Ford F-450 4x4 - Regular Cab - Diesel Engine $ 138,950.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CE04
North Star - Remount of Northstar Module - Ford E-350 4x2 - Regular Cab - Gas Engine $ 102,267.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CE05
North Star - Remount of Northstar Module - Ford E-450 4x2 - Regular Cab - Gas Engine $ 104,412.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CE06
North Star - Remount of Northstar Module - GMC G3500 4x2 - Regular Cab - Gas Engine $ 93,569.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CE07
North Star - Remount of Northstar Module - GMC G4500 4x2 - Regular Cab - Gas Engine $ 94,973.00 -$ 1,500.00 2 DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

Braun
Northwest, Inc. AM23CE08
North Star - Remount of Northstar Module - Chevrolet 4500 4x4 - Regular Cab - Diesel Engine $ 139,889.00 -$ 1,500.00
Braun
Northwest, Inc. AM23CE09
North Star - Remount of Northstar Module - Ram 3500 4x4 - Regular Cab - Diesel Engine $ 131,139.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CE10
North Star - Remount of Northstar Module - Ram 4500 4x4 - Regular Cab - Diesel Engine $ 150,204.00 -$ 1,500.00 Braun
Northwest, Inc. AM23CE11
North Star - Remount of Northstar Module - International MV607 4x2 - Regular Cab - Diesel Engine $ 175,328.00 -$ 1,500.00
Braun
Northwest, Inc. AM23CE12
North Star - Remount of Northstar Module - Freightliner M2 4x2 - Regular Cab - Diesel Engine $ 168,352.00 -$ 1,500.00
Braun
Northwest, Inc. AM23CE13
North Star - Remount of Northstar Module - Ford F-650 4x2 - Regular Cab - Diesel Engine $ 168,509.00 -$ 1,500.00 3 DocuSign Envelope ID: E4D77477-E07A-45AE-A42F-916BF5C46EDC

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 HOUSTON-GALVESTON AREA COUNCIL (HGACBUY) CONTRACT NO. AM10-23 WITH BRAUN NORTHWEST, INC. FOR THE PURCHASE OF FIVE (5) 2027 NORTH STAR TYPE III ADVANCED LIFE SUPPORT AMBULANCES IN AN AMOUNT NOT TO EXCEED $1,459,951.50, AND 2) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION IN THE AMOUNT OF $1,460,000 IN THE AMBULANCE TRANSPORT

SERVICES ENTERPRISE FUND AND A CORRESPONDING APPROPRIATION IN THE VEHICLE ACQUISITION FUND.

WHEREAS, the City Council has authorized the establishment of an in-house Ambulance Transport Services (ATS) program to provide emergency ambulance transport services directly through the National City Fire Department; and
WHEREAS, the Ambulance Transport Services Enterprise Fund has been established to account for all of the financial activities of the ATS program; and WHEREAS, on September 15, 2026, per Resolution No. 2026-120, the City Council authorized a loan from the Sewer Fund to the ATS Enterprise Fund for start-up costs of the ATS program; and
WHEREAS, implementation of the ATS program requires the acquisition of ambulances and other operational resources necessary to begin service delivery; and WHEREAS, staff recommends the purchase of five (5) 2027 North Star Type III Advanced Life Support ambulances manufactured by Braun Northwest, Inc., which will serve as the initial fleet for the ATS program, consisting of three frontline transport units and two reserve units to provide operational continuity, maintenance coverage, and surge capacity; and WHEREAS, the total purchase price for the five ambulances is $1,459,951.50, which includes vehicle base pricing, customization options, inspection travel, taxes, delivery, the applicable HGAC administrative fee, and contingency funding incorporated into the vendor's proposal; and
WHEREAS, the City has an opportunity to piggyback onto Houston-Galveston Area Council (HGACBuy) Contract No. AM10-23 with Braun Northwest, Inc. for the purchase of the ambulances; and
WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may purchase 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 HGACBuy Contract No.

AM10-23 with Braun Northwest, Inc. was competitively bid through a Request for Proposals

process, and that the HGACBuy procurement procedures are in substantial compliance with those of National City; and
WHEREAS, City staff recommends adoption of this 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 waives the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizes the City to piggyback onto HGACBuy Contract No. AM10-23 with Braun Northwest, Inc. for the purchase of five (5) 2027 North Star Type III Advanced Life Support ambulances for implementation of the City's Ambulance Transport Services program in an amount not-to-exceed $1,459,951.50.

Section 2. That the City Council hereby authorizes the establishment of a Fiscal Year 2027 appropriation in the amount of $1,460,000 in the Ambulance Transport Services Enterprise Fund to be transferred to the Vehicle Acquisition Fund for the purchase of the ambulances.

Section 3. That the City Council hereby authorizes the establishment of a Fiscal Year 2027 appropriation in the amount of $1,460,000 in the Vehicle Acquisition Fund for the purchase of the ambulances.

Section 4. That the City Manager, or designee, is hereby authorized to execute all documents and take all actions necessary to effectuate the purchase authorized by this Resolution.

Section 5. 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 6th day of October, 2026.

Ron Morrison, Mayor
ATTEST:

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

Heidi Skinner, City Attorney

AGENDA REPORT
Department: Finance
Prepared by: Kecia Carrasco, Accountant
Meeting Date: Tuesday, October 6, 2026
Approved by: Douglas J. Schulze, City Manager
SUBJECT:

Investment Transactions for the Month Ended July 31, 2026.

RECOMMENDATION:

Accept and File the Investment Transaction Ledger for the Month Ending July 31, 2026.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

In accordance with California Government Code Section 53646 and Section XIIA of the City of National City’s investment policy, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period.

The attached listing reflects investment transactions of the City of National City’s investment portfolio for the month ending July 31, 2026.

FINANCIAL STATEMENT:

In this period, there were acquisitions of $1,557,124.28 and dispositions of $1,428,215.68.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Balanced Budget and Economic 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 – Investment Transaction Ledger 2026-0731

MONTHLY ACCOUNT STATEMENT
City of National City | Account | As of July 31, 2026
CHANDLER ASSET MANAGEMENT | chandlerasset.com
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures at the end of the statement.

Chandler Team:

For questions about your account, please call (800) 317-4747, or contact [email protected]
Custodian:

Bank of New York Mellon

CONFIDENTIAL | 2
City of National City | Account | As of July 31, 2026
Execution Time: 08/05/2026 09:08:20 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

PORTFOLIO SUMMARY
Portfolio Characteristics
Sector Allocation
Performance Review
Account Summary
Maturity Distribution
Top Issuers
Credit Quality*
Total Rate of Return** 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS Since Inception (03/01/12)
City of National City (0.08%) 0.10% 0.56% 3.07% 3.88% 4.48% 1.89% 1.87% 1.55% Benchmark Return (0.04%) 0.05% 0.39% 2.81% 3.59% 4.19% 1.52% 1.58% 1.33% Average Modified Duration 2.46
Average Coupon 3.85%
Average Purchase YTM 4.13%
Average Market YTM 4.45%
Average Credit Quality* AA+
Average Final Maturity 2.90
Average Life 2.71
End Values as of
06/30/2026
End Values as of
07/31/2026
Market Value 40,666,230.10 40,605,542.79
Accrued Interest 310,909.88 334,870.43
Total Market Value 40,977,139.98 40,940,413.21
Income Earned 197,172.29 132,086.91
Cont/WD 0.00 (5,760.87)
Par 41,170,264.13 41,273,799.30
Book Value 40,687,425.56 40,789,646.24
Cost Value 40,687,425.56 40,789,646.24
United States 42.84%
Federal Home Loan Mortgage Corp 9.06%
Federal Home Loan Banks 5.84%
Farm Credit System 2.44%
International Bank for Recon and Dev 2.06%
Chase Issuance Trust 1.75%
Merck & Co., Inc. 1.56%
Mastercard Incorporated 1.40%
**Periods over 1 year are annualized.

Benchmark: ICE BofA 1-5 Year Unsubordinated US Treasury & Agency Index *The average credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch.

CONFIDENTIAL | 3
City of National City | Account | As of July 31, 2026
Execution Time: 08/05/2026 09:08:20 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes

AGENCY MORTGAGE SECURITIES
Max % (MV) 100.0 9.0 Compliant
Max % Issuer (MV) 30.0 9.0 Compliant
Max Maturity (Years) 30.0 4.5 Compliant
Min Rating (AA by 1) 0.0 0.0 Compliant

ASSET-BACKED SECURITIES (ABS)
Max % (MV; Non Agency ABS & MBS) 20.0 10.2 Compliant
Max % Issuer (MV) 5.0 1.7 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant

BANKERS' ACCEPTANCES
Max % (MV) 40.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 180 0.0 Compliant
Min Rating (A- by 2, A-1 by 2) 0.0 0.0 Compliant

CERTIFICATE OF DEPOSIT PLACEMENT SERVICE (CDARS)
Max % (MV) 30.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant

COMMERCIAL PAPER
Max % (MV) 25.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 270 0.0 Compliant
Min Rating (A by 2, A-1 by 2) 0.0 0.0 Compliant

CORPORATE MEDIUM TERM NOTES
Max % (MV) 30.0 25.1 Compliant
Max % Issuer (MV) 5.0 1.6 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant

FDIC INSURED TIME DEPOSITS (NON-NEGOTIABLE CD/
TD)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
The Statement of Compliance reflects Chandler's assessment of compliance with the applicable investment policy for the assets Chandler directly manages. The report may also present assets reported to Chandler by clients, custodians, or other third parties. Chandler includes those assets in the assessment but has no discretionary authority over them, does not independently verify the information provided, and assumes no responsibility for the accuracy or completeness of that information. Questions regarding this report should be directed to the designated investment professional.

CONFIDENTIAL | 4
City of National City | Account | As of July 31, 2026
Execution Time: 08/05/2026 09:08:20 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes

FEDERAL AGENCIES
Max % (MV) 100.0 8.3 Compliant
Max Maturity (Years) 5 2 Compliant

LOCAL AGENCY INVESTMENT FUND (LAIF)
Max Concentration (MV) 75.0 0.0 Compliant

MONEY MARKET MUTUAL FUNDS
Max % (MV) 20.0 0.5 Compliant
Max % Issuer (MV) 20.0 0.5 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant

MORTGAGE-BACKED SECURITIES (NON-AGENCY)
Max % (MV; Non Agency ABS & MBS) 20.0 10.2 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant
Min Rating (AA by 1) 0.0 0.0 Compliant

MUNICIPAL SECURITIES (CA, LOCAL AGENCY)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A- by 2) 0.0 0.0 Compliant

MUTUAL FUNDS
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 10.0 0.0 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant

NEGOTIABLE CERTIFICATES OF DEPOSIT (NCD)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A by 2, A-1 by 2 if > FDIC Limit) 0.0 0.0 Compliant

SUPRANATIONAL OBLIGATIONS
Max % (MV) 30.0 4.0 Compliant
Max % Issuer (MV) 10.0 2.1 Compliant
Max Maturity (Years) 5 3 Compliant
The Statement of Compliance reflects Chandler's assessment of compliance with the applicable investment policy for the assets Chandler directly manages. The report may also present assets reported to Chandler by clients, custodians, or other third parties. Chandler includes those assets in the assessment but has no discretionary authority over them, does not independently verify the information provided, and assumes no responsibility for the accuracy or completeness of that information. Questions regarding this report should be directed to the designated investment professional.

CONFIDENTIAL | 5
City of National City | Account | As of July 31, 2026
Execution Time: 08/05/2026 09:08:20 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
Min Rating (AA- by 1) 0.0 0.0 Compliant
U.S. TREASURIES
Max % (MV) 100.0 42.8 Compliant
Max Maturity (Years) 5 4 Compliant
The Statement of Compliance reflects Chandler's assessment of compliance with the applicable investment policy for the assets Chandler directly manages. The report may also present assets reported to Chandler by clients, custodians, or other third parties. Chandler includes those assets in the assessment but has no discretionary authority over them, does not independently verify the information provided, and assumes no responsibility for the accuracy or completeness of that information. Questions regarding this report should be directed to the designated investment professional.

CONFIDENTIAL | 6
City of National City | Account | As of July 31, 2026
Execution Time: 08/05/2026 09:08:20 AM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

RECONCILIATION SUMMARY
Accrual Activity Summary
Fair Market Activity Summary
Month to Date Fiscal Year to Date
(07/01/2026)
Beginning Book Value 40,687,425.56 40,687,425.56
Maturities/Calls 0.00 0.00
Principal Paydowns (29,316.40) (29,316.40)
Purchases 1,555,999.28 1,555,999.28
Sales (1,424,317.39) (1,424,317.39)
Change in Cash, Payables, Receivables 67.78 67.78
Amortization/Accretion 0.00 0.00
Realized Gain (Loss) (212.60) (212.60)
Ending Book Value 40,789,646.24 40,789,646.24
Month to Date Fiscal Year to Date
(07/01/2026)
Beginning Market Value 40,666,230.10 40,666,230.10
Maturities/Calls 0.00 0.00
Principal Paydowns (29,316.40) (29,316.40)
Purchases 1,555,999.28 1,555,999.28
Sales (1,424,317.39) (1,424,317.39)
Change in Cash, Payables, Receivables 67.78 67.78
Amortization/Accretion 0.00 0.00
Change in Net Unrealized Gain (Loss) (162,907.99) (162,907.99) Realized Gain (Loss) (212.60) (212.60)
Ending Market Value 40,605,542.79 40,605,542.79
Maturities / Calls
Month to Date 0.00
Fiscal Year to Date 0.00
Principal Paydowns
Month to Date (29,316.40)
Fiscal Year to Date (29,316.40)
Purchases
Month to Date 1,555,999.28
Fiscal Year to Date 1,555,999.28
Sales
Month to Date (1,424,317.39)
Fiscal Year to Date (1,424,317.39)
Interest Received
Month to Date 105,353.07
Fiscal Year to Date 105,353.07
Purchased / Sold Interest
Month to Date 2,773.29
Fiscal Year to Date 2,773.29