Santee City Council
March 13, 2024

MEETING INFORMATION
Wednesday, March 13, 2024
6:30 p.m.

Council Chambers | Building 2
10601 Magnolia Ave • Santee, CA 92071
TO WATCH LIVE:

AT&T U-verse channel 99 (SD Market) | Cox channel 117 (SD County) www.cityofsanteeca.gov

IN-PERSON ATTENDANCE
Members of the public who wish to view the Council Meeting live, can watch the live taping of the Council meeting in the Council Chambers on the meeting date and time listed above.

LIVE PUBLIC COMMENT
Members of the public who wish to comment on matters on the City Council agenda or during Non-Agenda Public Comment may appear in person and submit a speaker slip before the item is called. Your name will be called when it is time to speak.

PLEASE NOTE: Public Comment will be limited to 3 minutes and speaker slips will only be accepted until the item is called. The timer will begin when the participant begins speaking.

March 13, 2024 | 6:30 p.m.
2 ROLL CALL: Mayor John W. Minto
Vice Mayor Dustin Trotter – District 4
Council Member Rob McNelis – District 1
Council Member Ronn Hall – District 2
Council Member Laura Koval – District 3
LEGISLATIVE INVOCATION: Pathways Community Church – Phil Herrington

PLEDGE OF ALLEGIANCE
CONSENT CALENDAR:

PLEASE NOTE: Consent Calendar items are considered routine and will be approved by one motion, with no separate discussion prior to voting. The public, staff or Council Members may request specific items be removed from the Consent Calendar for separate discussion or action. Speaker slips for this category must be presented to the City Clerk at the start of the meeting. Speakers are limited to 3 minutes.
(1) Approval of Reading by Title Only and Waiver of Reading in Full, of Ordinances and Resolutions on the Agenda. (City Clerk – Ortiz)
(2) Approval of Payment of Demands as Presented. (Finance – Jennings) (3) Adoption of a Resolution Rejecting the Bid from Star Energy Maintenance, Inc. and Awarding the Construction Contract to Yunex Traffic for the Citywide Streetlight LED Upgrade Project (CIP 2023-02) and Determining the Project is Categorically Exempt from Environmental Review Under the California Environmental Quality Act (“CEQA”) per State CEQA Guidelines Section 15301(c). (Engineering – Schmitz)
(4) Adoption of a Resolution Accepting the Prospect Avenue and Mesa Road Intersection Improvements (CIP 2020-01) Project as Complete and Finding the Action is Not a Project Subject to the California Environmental Quality Act (“CEQA”) per State CEQA Guidelines Section 15378. (Engineering – Schmitz) (5) Approval of a Joint Use Agreement with the Grossmont Union High School District. (Community Services – Chavez)
(6) Second Reading and Adoption of an Ordinance Amending Chapter 7.04 of Title 7 “Public Peace, Morals, And Welfare”(Case File ZOA-2023-0002) of the Santee Municipal Code to Allow Cannabis Manufacturing as a Stand-Alone Use in the Light Industrial (IL) and General Industrial (IG) Zones and Finding the Ordinance is Covered by the Previously Adopted Mitigated Negative Declaration for the Santee Cannabis Business Ordinance Pursuant to the California Environmental Quality Act (“CEQA”). (Planning and Building – Sawa)
March 13, 2024 | 6:30 p.m.
3 (7) Adoption of a Resolution Authorizing the Appropriation of Funds for the Purpose of Authorizing an Amendment to the Professional Services Agreement with Interwest Consulting Group, Inc. (a SAFEbuilt Company) for Specialized Professional Building Services to Increase the Not-to-Exceed Amount. (Fire – Matsushita)
NON-AGENDA PUBLIC COMMENT (15 minutes):

Persons wishing to address the City Council regarding items not on the posted agenda may do so at this time. In accordance with State law, Council may not take action on an item not scheduled on the Agenda. If appropriate, the item will be referred to the City Manager or placed on a future agenda. This first Non-Agenda Public Comment period is limited to a total of 15 minutes. Additional Non-Agenda Public Comment is received prior to Council Reports.

NEW BUSINESS:
(8) Resolution Amending the Management Services Agreement of the City Clerk. (Mayor – Minto)
Recommendation:

1. Adopt the Resolution approving the Fifth Amendment to the City Clerk’s Management Services Agreement.

2. Authorize the appropriation of $4,250.00 from the General Fund Reserve to fund the salary and benefit increase.

NON-AGENDA PUBLIC COMMENT (Continued):

All public comment not presented within the first Non-Agenda Public Comment period above will be heard at this time.

CITY COUNCIL REPORTS:

CITY MANAGER REPORTS:

CITY ATTORNEY REPORTS:

CLOSED SESSION:

ADJOURNMENT:

March 13, 2024 | 6:30 p.m.
4 Mar 07 SPARC CANCELLED Council Chamber
Mar 11 Community Oriented Policing Committee Council Chamber Mar 13 Council Meeting Council Chamber
Mar 21 SMHFPC Council Chamber
Mar 27 Council Meeting Council Chamber
Apr 04 SPARC Council Chamber
Apr 08 Community Oriented Policing Committee Council Chamber Apr 10 Council Meeting Council Chamber
Apr 24 Council Meeting Council Chamber
The Santee City Council welcomes you and encourages your continued interest and involvement in the City’s decision-making process.

For your convenience, a complete Agenda Packet is
available for public review at City Hall and on the
City’s website at www.CityofSanteeCA.gov.

The City of Santee complies with the Americans with Disabilities Act. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities, as required by Section 12132 of the American with Disabilities Act of 1990 (42 USC § 12132). Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (619) 258-4100, ext. 112 at least 48 hours before the meeting, if possible.

BOARDS, COMMISSIONS & COMMITTEES

MARCH & APRIL MEETINGS
Item 1
Item 2

vchlist
02/26/2024 12:12:02PM
Bank code : ubqen
Voucher
12208
122030
Date ----------------- Vendor
2/21/2024 10955 DEPARTMENT OF THE TREASURY
2/21/2024 10956 FRANCHISE TAX BOARD
2 Vouchers for bank code: ubgen
2 Vouchers in this report
Prepared
b
y: �tL:

Date: 2. b(p J..11-
�;�-b� -�
Voucher List

CITY OF SANTEE
Invoice
PPE 02/14/24
PPE 02/14/24
PO# Description/Account

FED WITHHOLDING & MEDICARE
Total:

CA STATE TAX WITHHELD
Total:

Bank total:

Total vouchers
Amount
98,121.40
98,121.40
32,249.24
32,249.24
130,370.64
130,370.64

vchlist
02/21/2024 3:23:43PM
Bank code: ubqen
Voucher Date Vendor
135723 2/21/2024 11139 ACE UNIFORMS AND ACCESSORIES
135724 2/21/2024 10412 AT&T
135725 2/21/2024 11513 BOND, ELLEN
135726 2/21/2024 13292 BORDER RECAPPING LLC
135727 2/21/2024 13568 CALIFORNIA DEBT & INVESTMENT
135728 2/21/2024 10876 CANON SOLUTIONS AMERICA INC
135729 2/21/2024 11402 CARROLL, JUDI
135730 2/21/2024 14527 CHAVEZ, NICOLAS
135731 2/21/2024 10032 CINTAS CORPORATION 694
135732 2/21/2024 11409 CLAYTON, SYLVIA
135733 2/21/2024 10486 COUNTY OF SAN DIEGO
135734 2/21/2024 14480 CURTIS, ALICIA
Voucher List

CITY OF SANTEE
Invoice PO#
SD0160579 54631
000021153200
03012024-263
24-0145611-008 54413
24-0146154-008 54413
31285
4040770150 54482
4040770151 54482
02012024-96
03012024-96
2024CPRS-Nick
4181773516 54635
03012024-340
02142024
AC2024
Description/Account

CLASS B UNIFORMS
Total:

TELEPHONE
Total:

MEADOWBROOK HARDSHIP PROC
Total:

TIRES
TIRES
Total:

CDIAC REPORTING FEE
Total:

SCANNER MAINTENANCE

PLOTTER MAINTENANCE & USAGE
Total:

MEADOWBROOK HARDSHIP PROC

MEADOWBROOK HARDSHIP PROC
Total:

CPRS PER DIEM
Total:

MISC SHOP RENTALS
Total:

MEADOWBROOK HARDSHIP PROC
Total:

NOTICE OF EXEMPTION - CITYWI[
Total:

CONFERENCE PER DIEM
Amount
104.26
104.26
731.87
731.87
134.78
134.78
642.36

57.96 700.32
219.42
219.42
128.82

57.93 186.75
135.11
135.11
270.22

86.50 86.50

70.13 70.13
141.39
141.39

50.00 50.00
207.50

vchlist
02/21/2024 3:23:43PM
Bank code : ubqen
Voucher Date Vendor
135734 2/21/2024 14480 14480 CURTIS, ALICIA
135735 2/21/2024 15183 CUYAMACA PETROLEUM, LLC
135736 2/21/2024 10046 D MAX ENGINEERING INC
135737 2/21/2024 11295 DOKKEN ENGINEERING
135738 2/21/2024 12593 ELLISON WILSON ADVOCACY, LLC
135739 2/21/2024 15168 FOSTER, MATTHEW
135740 2/21/2024 10600 HINDERLITER DE LLAMAS & ASSOC
135741 2/21/2024 14956 JET ADVERTISING LLC
135742 2/21/2024 10997 LAKESIDE FIRE PROTECTION
135743 2/21/2024 10430 LEAGUE OF CALIFORNIA CITIES
135744 2/21/2024 10204 LIFE ASSIST INC
Voucher List

CITY OF SANTEE
Invoice PO#
(Continued)
18267
8312 54475
45288 52440
2024-01-06 54505
22024
SIN035564 54218
11584 54561
264 54434
1732
1400473 54377
1401242 54377
1401248 54377
1401672 54377
1401773 54377
1402427 54377
1402549 54377
Description/Account
Total:

REFUNDABLE DEPOSIT
Total:

STORMWATER PROGRAM ASSIST!
Total:

CUYAMACA RIGHT TURN POCKET
Total:

LEGISLATIVE ADVOCACY SERVICE
Total:

CPRS CONFERENCE PER DIEM
Total:

CANNABIS CONSULTING SVCS
Total:

WEBSITE REDESIGN - JANUARY S
Total:

EMS SOFTWARE SUBSCRIPTION
Total:

LEAGUE OF CA CITIES MEMBERS�
Total:

EMS SUPPLIES

EMS SUPPLIES

EMS SUPPLIES

EMS SUPPLIES

EMS SUPPLIES

EMS SUPPLIES

EMS SUPPLIES
Total:

Amount
207.50
22,926.68
22,926.68
2,867.75
2,867.75
2,390.00
2,390.00
1,500.00
1,500.00
207.50
207.50
125.00
125.00
15,412.50
15,412.50
560.07
560.07
900.00
900.00

13.29 3,187.06
1,987.33

50.56 87.92
197.70
116.91
5,640.77

vchlist
02/21/2024 3:23:43PM
Bank code: ubqen
Voucher Date Vendor
135745 2/21/2024 10174 LN CURTIS AND SONS
135746 2/21/2024 14742 LOWNDES, BECKY
135747 2/21/2024 10239 MORRISON, ANNE
135748 2/21/2024 10085 NATIONAL SAFETY COMPLIANCE INC
135749 2/21/2024 15025 NIGRO & NIGRO PC
135750 2/21/2024 14634 NORTHUM, JAMES
135751 2/21/2024 10308 O'REILLY AUTO PARTS
135752 2/21/2024 10344 PADRE DAM MUNICIPAL WATER DIST
135753 2/21/2024 14690 PATH INC
135754 2/21/2024 11442 PATIERSON, EDWARD
135755 2/21/2024 10092 PHOENIX GROUP INFO SYSTEMS
135756 2/21/2024 10097 ROMAINE ELECTRIC CORPORATION
Voucher List

CITY OF SANTEE
Invoice PO#
INV786518 54436
INV786651 54551
BECKYCPRS24
ANNECPRS24
96821
19208 54563
12024
2968-201358 54384
90000366; JAN24
90000367; FEB24
Q6-0ct23-Dec23 54265
03012024-225
102023031 54334
112023031 54334
12-060849 54487
12-060858 54487
Description/ Account

FIRE EQUIPMENT SUPPLIES

WILDLAND COATS
Total:

CPRS CONFERENCE PER DIEM
Total:

PER DIEM CPRS CONFERENCE
Total:

ANNUAL ADMINISTRATIVE FEE
Total:

SLEMSAAUDIT FYE JUNE 30, 2023
Total:

CPRS CONFERENCE PER DIEM
Total:

VEHICLE REPAIR PART
Total:

GROUP BILL

GROUP BILL
Total:

ARPA - PATH HOMELESS OUTREAC
Total:

MEADOWBROOK HARDSHIP PROC
Total:

FY 23/24 PARKING CITE PROCESS
FY 23/24 PARKING CITE PROCESS
Total:

VEHICLE SUPPLIES

VEHICLE SUPPLIES
Amount
1,019.91
1,633.71
2,653.62
207.50
207.50
224.50
224.50
150.00
150.00
4,500.00
4,500.00
207.50
207.50

8.61 8.61
16,905.71
12,588.33
29,494.04
6,228.70
6,228.70
130.36
130.36
568.06
336.38
904.44
1,152.49
582.19

vchlist Voucher List
02/21/2024 3:23:43PM CITY OF SANTEE
Bank code : ubqen
Voucher Date Vendor Invoice
135756 2/21/2024 10097 10097 ROMAINE ELECTRIC CORPORATIOI\ (Continued) 135757 2/21/2024 10606 S.D. COUNTY SHERIFF'S DEPT. SHERIFF DEC 2023 135758 2/21/2024 15184 SANKO, MICHAEL 003138-0012
135759 2/21/2024 10212 SANTEE SCHOOL DISTRICT 9491
135760 2/21/2024 10768 SANTEE SCHOOL DISTRICT 9490
135761 2/21/2024 13171 SC COMMERCIAL, LLC 2569435-IN
2571100-IN
135762 2/21/2024 13206 SHARP BUSINESS SYSTEMS 9004688906 135763 2/21/2024 10585 SHARP REES-STEALY MEDICAL 388330837 388342270
388348838
135764 2/21/2024 11403 ST JOHN, LYNNE 03012024-78
135765 2/21/2024 10217 STAPLES ADVANTAGE 3557237605
3557723347
3557810975
3558206667
3558206671
135766 2/21/2024 10027 STATE OF CALIFORNIA 712848
PO# Description/Account
Total:

LAW ENFORCEMENT DEC 2023
Total:

DEVELOPER DEPOSIT REFUND
Total:
54480 SCHOOL BUS TRANSPORTATION 1
Total:
54394 CHET HARRITT DEC 2023 LIGHTS
Total:
54395 DELIVERED FUEL
54395 DELIVERED FUEL
Total:
54519 SHARP JAN 2023 + OCT-DEC OVG!
Total:

MEDICAL SERVICES

MEDICAL SERVICES

MEDICAL SERVICES
Total:

MEADOWBROOK HARDSHIP PROC
Total:
54335 FY 23/24 OFFICE SUPPLIES - FINAi
54402 OFFICE SUPPLIES - P&B, E
54448 OFFICE SUPPLIES
54335 STAPLES CREDIT FOR ITEM RETU
54335 FY 23/24 OFFICE SUPPLIES - FINAi
Total:

FINGERPRINTING SERVICES
Amount
1,734.68
1,419,747.21
1,419,747.21
654.30
654.30
153.63
153.63
203.10
203.10
504.41
549.14
1,053.55
2,547.16
2,547.16

50.00 50.00

50.00 150.00
135.37
135.37
262.48
118.16

51.01 -24.53
124.42
531.54
224.00

vchlist
02/21/2024 3:23:43PM
Bank code : ubqen
Voucher
135766
135767
135768
135769
135770
135771
Date Vendor ---------------
2/21/2024 10027 10027 STATE OF CALIFORNIA
2/21/2024 15169 TOLLIVER, EMILY
2/21/2024 14354 TRILOGY MEDWASTE WEST, LLC
2/21/2024 10692 UNITED PARCEL SERVICE
2/21/2024 10475 VERIZON WIRELESS
2/21/2024 14687 WEX BANK
49 Vouchers for bank code : ubgen
49 Vouchers in this report
Pcep�ed b�J/h_
Date: �-
i-1-1Pj-------�
Approved by: �
Date: ____�,LJ\ �·u�
Voucher List

CITY OF SANTEE
--------- Invoice
32024
1515690
1515691
(Continued)
000006150X034
9956369142
95082770
PO#
54453
54453
Description/Account
Total:

CPRS CONFERENCE PER DIEM
Total:

BIOMEDICAL WASTE DISPOSAL

BIOMEDICAL WASTE DISPOSAL
Total:

SHIPPING CHARGES
Total:

CELL PHONE SERVICE
Total:

DELIVERED FUEL
Total:

Bank total:

Total vouchers
Amount
224.00

86.75 86.75
156.27
156.28
312.55
210.11
210.11
1,080.79
1,080.79
15,278.12
15,278.12
1,544,245.54
1,544,245.54

vchlist
02/21/2024 4:20:51PM
Bank code: ubqen
Voucher Date Vendor
135772 2/21/2024 12724 AMERICAN FIDELITY ASSURANCE
135773 2/21/2024 12903 AMERICAN FIDELITY ASSURANCE CO
135774 2/21/2024 12722 FIDELITY SECURITY LIFE
135775 2/21/2024 10508 LIFE INSURANCE COMPANY OF
135776 2/21/2024 14452 MEDICAL AIR SERVICES ASSC
135777 2/21/2024 14458 METROPOLITAN LIFE INSURANCE
135778 2/21/2024 10784 NATIONAL UNION FIRE INSURANCE
135779 2/21/2024 10335 SAN DIEGO FIREFIGHTERS FEDERAL
135780 2/21/2024 10424 SANTEE FIREFIGHTERS
135781 2/21/2024 10776 STATE OF CALIFORNIA
135782 2/21/2024 10776 STATE OF CALIFORNIA
135783 2/21/2024 14467 TEXAS LIFE INSURANCE COMPANY
135784 2/21/2024 10001 US BANK
Voucher List

CITY OF SANTEE
Invoice PO#
D693382
2353902B
166149551
February 2024
1758756
80048897
February 2024
February 2024
PPE 02/14/24
PPE 02/14/24
PPE 02/14/24
SMOFOU20240115002
PPE 02/14/24
Description/Account
VOLUNTARY LIFE INS-AM FIDELIT'l
Total:

FLEXIBLE SPENDING ACCOUNT
Total:

EYEMED - VOLUNTARY VISION
Total:

LIFE/LTD INSURANCE
Total:

MEDICAL AIR TRANSPORT SVCS
Total:

VOLUNTARY LEGAL
Total:

VOLUNTARY AD&D
Total:

LONG TERM DISABILITY-SFFA
Total:

DUES/PEC/BENEVOLENT/BC EXP
Total:

WITHHOLDING ORDER
Total:

WITHHOLDING ORDER
Total:

VOLUNTARY INS RIDERS
Total:

PARS RETIREMENT
Amount
4,378.92
4,378.92
3,243.53
3,243.53
1,120.07
1,120.07
2,967.70
2,967.70
179.00
179.00
378.00
378.00

36.80 36.80
1,386.50
1,386.50
4,586.21
4,586.21
449.53
449.53
429.69
429.69
499.35
499.35
1,538.42

vchlist
02/21/2024 4:20:51 PM
Bank code : ubqen
Voucher
Voucher List

CITY OF SANTEE
Date ----------------- Vendor --------- Invoice ------ PO# ---"----------- Description/Account Amount ------
135784
135785
2/21/2024 10001 10001 US BANK
2/21/2024 14600 WASHINGTON STATE SUPPORT
14 Vouchers for bank code : ubgen
14 Vouchers in this report
(Continued)
PPE 02/14/24
Total:

WITHHOLDING ORDER
Total:

Bank total:

Total vouchers
1,538.42
751.84
751.84
21,945.56
21,945.56

vchlist
02/26/2024 12:33:04PM
Bank code : ubqen
Voucher List

CITY OF SANTEE
Voucher Amount
22431
Date ----------------- Vendor --------- Invoice ------ PO# --�---------- Description/Account ------ 2/22/2024 10353 PERS
1 Vouchers for bank code : ubgen
1 Vouchers in this report
Prepared by:�£�...-/
App,_b�
Date ��:

Date: - Z
02 24 03A RETIREMENT PAYMENT
Total:

Bank total:

Total vouchers :
149,461.09
149,461.09
149,461.09
149,461.09

PyBatch
02/20/2024 2:11:10PM

EARNINGS SECTION
Type Hours/units
Grand
Totals
17,033.35
Rate Amount Src
705,850.00
Plan
rhsa2%
rhsabc
roth
sb-1
sb-3
sffa
sffapc
st1cs3
st2cs3
texlif
vaccpr
vaccpt
vcanpr
vcanpt
vgcipt
vghipr
vision
voladd
voldis
vollif
vollpb
Payroll Processing Report

CITY OF SANTEE
2/1/2024 to 2/14/2024-2 Cycle b

DEDUCTIONS SECTION
Base Wages
210,361.24
29,556.52
77,532.26
Deduction Benefit/Cont LvPlan
92,842.30
14,997.96
13,096.07
591.13
8,792.45

85.56 67.31
3,499.62
944.70
2,785.30
449.94
249.64
603.25
223.51
318.41

90.25 88.70

62.24 540.64

18.37 230.59
217.25
254,869.84
4,207.22
-2,785.30
-449.94
-217.24
87,362.23

LEAVE SECTION
Accrued
Gross:

Net:

Taken
705,850.00
450,980.16
Banked Lost
<< No Errors / 13 Warnings >>

vchlist
02/26/2024 12:25:38PM
Bank code: ubqen
Voucher
6200318
6487940
Date Vendor
2/23/2024 14705 RHS MISSIONSQUARE
2/23/2024 14704 457 MISSIONSQUARE
2 Vouchers for bank code: ubgen
2 Vouchers in this report
Prepared by: �k
Dme ��� Appco,ed �· ;;-; Date: Z-- .-2.

Voucher List

CITY OF SANTEE
--------- Invoice
PPE 02/14/24
PPE 02/14/24
------ PO# Description/Account

RETIREE HSA
Total:

ICMA- 457
Total:

Bank total:

Total vouchers
Amount
4,798.35
4,798.35
38,967.22
38,967.22
43,765.57
43,765.57

vchlist
02/28/2024 1:08:53PM
Bank code: ubqen
Voucher Date Vendor
135786 2/28/2024 10003 A & B SAW & LAWNMOWER SHOP
135787 2/28/2024 11139 ACE UNIFORMS, LLC - SAN DIEGO
135788 2/28/2024 11859 AIRGAS USA LLC
135789 2/28/2024 10510 AMAZON WEB SERVICES, INC
135790 2/28/2024 11445 AMERICAN MESSAGING
135791 2/28/2024 10516 AWARDS BY NAVAJO
135792 2/28/2024 14306 AZTEC LANDSCAPING INC
135793 2/28/2024 12951 BERRY, BONNIE
135794 2/28/2024 10020 BEST BEST & KRIEGER LLP
135795 2/28/2024 15033 BLUECROSS OF CA
135796 2/28/2024 15160 CAPUTA, SHIRLEY
Voucher List

CITY OF SANTEE
Invoice PO#
79332 54343
SD0161095 54631
SD0161282 54631
SD0161300 54631
SD0161681 54631
SD0161723 54631
SD0161945 54631
9146665861 54347
1583168241
L 1072898YB
0124288 54351
J1707 54464
March 1 , 2024
LEGAL SVCS JAN 2024
ACID 10005
ACID 8327
Description/ Account

SMALL TOOL PARTS & REPAIRS
Total:

WEARING APPAREL

CLASS B EMT UNIFORMS

CLASS B EMT UNIFORMS

CLASS B EMT UNIFORMS

CLASS B EMT UNIFORMS

WEARING APPAREL
Total:

EQUIPMENT SUPPLIES
Total:

CLOUD STORAGE SERVICES
Total:

FD PAGER SERVICE
Total:

NAMETAGS
Total:

CUSTODIAL SERVICES - PARKS
Total:

RETIREE HEALTH PAYMENTS
Total:

LEGAL SERVICES JAN 2024
Total:

REFUND - AMBULANCE BILLING
Total:

REFUND - AMBULANCE BILLING
Amount
374.97
374.97

18.47 221.86

18.47 230.48
230.43
248.90
968.61
168.17
168.17
228.14
228.14
280.91
280.91

47.41 47.41
4,799.63
4,799.63

91.00 91.00
70,377.39
70,377.39
115.60
115.60
200.00

vchlist
02/28/2024 1:08:53PM
Bank code: ubqen
Voucher Date Vendor
135796 2/28/2024 15160 15160 CAPUTA, SHIRLEY
135797 2/28/2024 10299 CARQUEST AUTO PARTS
135798 2/28/2024 10030 CASCADE FIRE EQUIPMENT CO INC
135799 2/28/2024 10031 CDW GOVERNMENT LLC
135800 2/28/2024 10032 CINTAS CORPORATION 694
135801 2/28/2024 10050 CITY OF EL CAJON
135802 2/28/2024 10979 CITY OF LA MESA
135803 2/28/2024 14996 COMMUNITY HEALTH GROUP (CA CAI
135804 2/28/2024 14996 COMMUNITY HEALTH GROUP MCR
135805 2/28/2024 10268 COOPER, JACKIE
135806 2/28/2024 11862 CORODATA SHREDDING INC
135807 2/28/2024 10234 COUNTY OF SAN DIEGO
135808 2/28/2024 10358 COUNTY OF SAN DIEGO
Voucher List

CITY OF SANTEE
Invoice PO#
(Continued)
11102-604388 54426
11102-604696 54426
INV9920 54624
KV77829 54153
SD2404977
4182476883 54635
020224-02
1140
ACID 8789
ACID 11627
March 1, 2024
DN145413
05871-2006-Rl-2024 54626
24CTOFSAN07 54528
Description/ Account
Total:

VEHICLE SUPPLIES

VEHICLE REPAIR PARTS
Total:

SCBA ASSEMBLY & CYLINDER
Total:

COMPUTER EQUIPMENT

CYBERSECURITY/NETWORK FIRE'
Total:

MISC. SHOP RENTALS
Total:

REGISTRATION FEE
Total:

FINGERPRINTING
Total:

REFUND - AMBULANCE BILLING
Total:

REFUND - AMBULANCE BILLING
Total:

RETIREE HEALTH PAYMENT
Total:

CORODATA SHREDDING
Total:

GENERATOR AIR POLLUTION CON
Total:

SHERIFF RADIOS
Amount
200.00

50.86 335.44
386.30
6,815.19
6,815.19
2,831.86
12,200.00
15,031.86

70.13 70.13
150.00
150.00
100.00
100.00
454.54
454.54
321.98
321.98

91.00 91.00

49.82 49.82
600.00
600.00
2,622.00

vchlist Voucher List
02/28/2024 1:08:53PM CITY OF SANTEE
Bank code : ubqen
Voucher Date Vendor Invoice
135808 2/28/2024 10358 COUNTY OF SAN DIEGO (Continued)
24CTOFSASN07
135809 2/28/2024 10333 COX COMMUNICATIONS 052335901; FEB24 063453006; FEB24
064114701; FEB24
135810 2/28/2024 10145 CULLIGAN SAN DIEGO 1401401
1402949
1402950
1402951
135811 2/28/2024 12593 ELLISON WILSON ADVOCACY, LLC 2024-02-06 135812 2/28/2024 10251 FEDERAL EXPRESS 8-417-67742
135813 2/28/2024 15166 GEHA ACID 891
135814 2/28/2024 12638 GEORGE HILLS COMPANY, INC. INV1027494 135815 2/28/2024 12009 HARDIN, DAVID 02192024
135816 2/28/2024 15188 HEDRICK FIRE PROTECTION 23STE-007 4 7 135817 2/28/2024 15192 HIDEEN NUCOM Ref000092931
Ref000092938
135818 2/28/2024 10301 HORSMAN AUTOMOTIVE 29011
PO# Description/Account
54458 800 MHZ NETWORK ACCESS
Total:
8950 COTTONWOOD AVE
9534 VIA ZAPADOR
8115 ARLETTE ST
Total:
54554 FILTERED WATER SERVICE
54554 FILTERED WATER SERVICE
54554 FILTERED WATER SERVICE
54554 FILTERED WATER SERVICE
Total:
54505 LEGISLATIVE ADVOCACY SERVICE
Total:

FEDEX SHIPPING CHARGES
Total:

REFUND - AMBULANCE BILLING
Total:
54486 LIABILITY CLAIMS ADMIN FEE FY 2
Total:

EMPLOYEE REIMBURSEMENT
Total:

REFUNDABLE DEVELOPER DEPm
Total:

REFUND - DUPLICATE APPLICATIO

REFUND BUS LICENSE APP CORR
Total:
54372 VEHICLE SERVICE
Amount
1,849.74
4,471.74
195.56

97.43 195.58
488.57
186.20

93.10 93.10
744.80
1,117.20
1,500.00
1,500.00

73.37 73.37
1,184.40
1,184.40
1,458.33
1,458.33
250.00
250.00
1,987.00
1,987.00

99.00 53.00
152.00
345.07

vchlist
02/28/2024 1:08:53PM
Bank code: ubqen
Voucher Date Vendor
135818 2/28/2024 10301 10301 HORSMAN AUTOMOTIVE
135819 2/28/2024 15157 HUMANA (CARE HMO)
135820 2/28/2024 15015 KAISER SOUTH (CARE HMO)
135821 2/28/2024 15015 RELATION INSURANCE
135822 2/28/2024 15015 KAISER NORTH (CARE HMO)
135823 2/28/2024 15015 KAISER (CAID HMO)
135824 2/28/2024 15193 LEE, WANETA
135825 2/28/2024 10204 LIFE ASSIST INC
135826 2/28/2024 15185 LORI MARCOS
135827 2/28/2024 15158 MEDICA CA (CARE HMO)
135828 2/28/2024 15159 MODIVCARE
135829 2/28/2024 11622 PADRE POOLS
135830 2/28/2024 14614 PARADIGM MECHANICAL CORP
Voucher List

CITY OF SANTEE
Invoice PO#
(Continued)
ACID 7480
ACID 9934/10212
ACID 10071
ACID 10769/10202
ACID 10162
ACID 1685
ACID 10520
10227
1403785 54377
Ref000092877
ACID 7433
ACID 5127/5824/6168
BL-000319-2024
6129 54386
Description/ Account
Total:

REFUND -AMBULANCE BILLING
Total:

REFUND -AMBULANCE BILLING
Total:

REFUND -AMBULANCE BILLING

REFUND -AMBULANCE BILLING
Total:

REFUND -AMBULANCE BILLING

REFUND -AMBULANCE BILLING
Total:

REFUND -AMBULANCE BILLING
Total:

REFUNDABLE DEPOSIT
Total:

EMS SUPPLIES
Total:

REFUND-CORRECTED BUS LICEN!
Total:

REFUND -AMBULANCE BILLING
Total:

REFUND -AMBULANCE BILLING
Total:

REFUND DEVELOPER DEPOSIT
Total:

HVAC MAINT & REPAIRS
Amount
345.07
351.14
351.14
1,349.41
1,349.41
654.67
1,243.33
1,898.00
646.14
460.77
1,106.91
580.70
580.70
1,647.15
1,647.15
2,452.45
2,452.45

43.00 43.00
2,962.40
2,962.40
2,946.77
2,946.77

41.00 41.00
380.00

vchlist Voucher List
02/28/2024 1:08:53PM CITY OF SANTEE
Bank code: ubqen
Voucher Date Vendor Invoice
135830 2/28/2024 14614 14614 PARADI.GM MECHANICAL CORP (Continued) 135831 2/28/2024 10161 PRIZM JANITORIAL SERVICES INC 32964 135832 2/28/2024 10101 PROFESSIONAL MEDICAL SUPPLY FDSANTEE4-12/31 /23 FDSANTEE5-12/31 /23
135833 2/28/2024 10221 QUALITY CODE PUBLISHING LLC GC00124717 GCI0013071
135834 2/28/2024 10278 RAMSEY, JOAN March 1 , 2024
135835 2/28/2024 12237 RAYON, KYLE March 1, 2024
135836 2/28/2024 15161 SADOWSKI, DONNA ACID 8554
135837 2/28/2024 10407 SAN DIEGO GAS & ELECTRIC 34223805628; FEB24 79900685777; FEB24
135838 2/28/2024 13061 SAN DIEGO HUMANE SOCIETY & FEB-24 135839 2/28/2024 10768 SANTEE SCHOOL DISTRICT 9493
9494
135840 2/28/2024 13171 SC COMMERCIAL, LLC 2574350-IN
2576975-IN
135841 2/28/2024 14523 SCA OF CA, LLC 157794PS
PO# Description/Account
Total:
54389 CUSTODIAL SERVICES - OFFICES
Total:
54443 OXYGEN CYLINDER RENTAL
54443 OXYGEN CYLINDER RENTAL
Total:
54540 MUNICIPAL CODE CODIFICATION
54540 MUNICIPAL CODE CODIFICATION
Total:

RETIREE HEALTH PAYMENTS
Total:

RETIREE HEALTH PAYMENT
Total:

REFUND - AMBULANCE BILLING
Total:

ROW / MEDIANS (GAS)
BALLFIELDS; FACILITIES; PARKS
Total:
54472 ANIMAL CONTROL SERVICES
Total:
54583 JOINT USE FIELDS - RIO SECO
54583 JOINT USE FIELDS - RIO SECO
Total:
54395 DELIVERED FUEL
54395 DELIVERED FUEL
Total:
54396 STREET SWEEPING SVCS
Amount
380.00
4,868.42
4,868.42
130.20

93.00 223.20
1,665.00
195.00
1,860.00

91.00 91.00

91.00 91.00

50.00 50.00
252.35
17,695.25
17,947.60
36,794.00
36,794.00
807.69
609.03
1,416.72
437.24
629.74
1,066.98
29,941.58

vchlist
02/28/2024
Bank code :

Voucher
135841
135842
135843
135844
135845
135846
135847
135848
1:08:53PM
ubqen
Date Vendor
2/28/2024 14523 14523 SCA OF CA, LLC
2/28/2024 13206 SHARP BUSINESS SYSTEMS
2/28/2024 10585 SHARP REES-STEALY MEDICAL
Voucher List

CITY OF SANTEE
Invoice
(Continued)
9004704739
388127782
388172510
388172511
388328327
2/28/2024 15037 SHARP REES-STEALY MEDICAL GROU ACID 8284 ACID 8296
2/28/2024 12223 SITEONE LANDSCAPE SUPPLY LLC 137765022-001 137768199-001
138146468-001
2/28/2024 14240 SPICER CONSULTING GROUP 1520
2/28/2024 10217 STAPLES ADVANTAGE 3557433195
3559040628
3559133861
2/28/2024 10119 STEVEN SMITH LANDSCAPE INC 52915
53038
53039
53040
53047
53048
53049
53050
53127
53128
PO# Description/ Account
Total:
54519 SHARP MAINT/COPIES 02/2024
Total:
54652 MEDICAL SERVICES
54652 MEDICAL SERVICES
54652 MEDICAL SERVICES
54652 MEDICAL SERVICES
Total:

REFUND - AMBULANCE BILLING

REFUND -AMBULANCE BILLING
Total:
54420 IRRIGATION PARTS
54420 IRRIGATION PARTS
54420 IRRIGATION PARTS
Total:
54280 ASSMNT ENG & CFO SVCS FY 22-L
Total:
54552 OFFICE SUPPLIES - PSD
54534 STAPLES OFFICE SUPPLIES
54402 OFFICE SUPPLIES - P&B, E
Total:
54405 A1 LANDSCAPE SERVICES
54405 A 1 LANDSCAPE SERVICES
54405 A 1 LANDSCAPE SERVICES
54405 A 1 LANDSCAPE SERVICES
54405 A 1 LANDSCAPE SERVICES
54451 A 2 LANDSCAPE SERVICES
54406 A 3 LANDSCAPE SERVICES
54451 A 2 LANDSCAPE SERVICES
54405 A 1 LANDSCAPE SERVICES
54451 A 2 LANDSCAPE SERVICES
Amount
29,941.58
932.80
932.80
145.00
172.00

59.00 51.00
427.00
1,146.00
1,310.00
2,456.00
560.92
652.30

8.37 1,221.59
2,709.38
2,709.38
-58.29

64.87 62.84

69.42 996.64
4,965.00
10,298.84
34,157.50
840.64
210.16
210.16
1,075.75
57,843.51
21,413.45

vchlist
02/28/2024 1 :08:53PM
Bank code : ubqen
Voucher List

CITY OF SANTEE
Voucher
135848
Date
_
Ven__d_o_r _______________
ln_v_o_ic_e ________ P_O# __ ____ Description/Account Amount 135849
135850
135851
135852
135853
135854
135855
2/28/2024 10119 STEVEN SMITH LANDSCAPE INC
2/28/2024 15162 TARATINO, ISADORE
2/28/2024 10250 THE EAST COUNTY
2/28/2024 10133 UNDERGROUND SERVICE ALERT
2/28/2024 15038 UNITED (CARE HMO)
2/28/2024 12930 WILLIAMS, ROCHELLE
2/28/2024 12641 WITTORFF, VICKY DENISE
2/28/2024 10318 ZOLL MEDICAL CORPORATION
70 Vouchers for bank code : ubgen
70 Vouchers in this report
Pcep�ed by �,( e.itb
::::_,, 2=-U.�
Date: �' ?,!"{ i,�J
(Continued)
53129
ACID 5454
00138607
00138937
120240690
23-2424454
ACID 5454
March 1,2024
March 1, 2024
3910219
3910314
54406
54481
54481
54419
54419
A3 LANDSCAPE SERVICES
Total:

REFUND - AMBULANCE BILLING
13,707.31
145,718.96

25.00 Total : 25.00

INVITATION TO BID - CITYWIDE ST

PUBLIC HEARING NOTICE - CDBG
Total:

DIG ALERT - MONTHLY TICKETS

DIG ALERT SERVICES - STATE FEE
Total:

REFUND - AMBULANCE BILLING
Total:

RETIREE HEALTH PAYMENTS
854.00
161.00
1,015.00
221.75

57.68 279.43
367.06
367.06

91.00 Total : 91.00
RETIREE HEALTH PAYMENTS 31.00

EMS SUPPLIES

EMS SUPPLIES
Total: 31.00
Total:

Bank total:

Total vouchers :
589.61
1,338.08
1,927.69
382,131.09
382,131.09

PyBatch
02/29/2024 8:46:58AM

EARNINGS SECTION
Type Hours/units
Grand Totals
reth
Grand
Totals

0.00 Rate
Payroll Processing Report

CITY OF SANTEE
3/1/2024 to 3/31/2024-1 Cycle m

DEDUCTIONS SECTION
Amount Src Plan Base Wages Deduction Benefit/Cont LvPlan 5,642.00
5,642.00
Employees: 31
catax 5,642.00
fedtax 5,642.00

46.00 211.00
257.00 0.00

LEAVE SECTION
Accrued
Gross:

Net:

Taken
5,642.00
5,385.00
Banked
<< No Errors/ No Warnings >>
Lost

Item 3

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA, REJECTING THE BID FROM STAR ENERGY MAINTENANCE, INC. AND AWARDING

THE CONSTRUCTION CONTRACT TO YUNEX TRAFFIC FOR THE CITYWIDE STREETLIGHT LED UPGRADE PROJECT (CIP 2023-02) AND DETERMINING THE

PROJECT IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) PER STATE CEQA GUIDELINES SECTION 15301(c)
WHEREAS, on January 26, 2024, City staff administered a formal bid process for the Citywide Streetlight LED Upgrade Project (“Project”) in compliance with Santee Municipal Code Section 3.24.100; and
WHEREAS, the City Clerk, on February 22, 2024, publicly opened and examined eight sealed bids; and
WHEREAS, the lowest received bid was submitted by Star Energy Management, Inc. in the amount of $481,513.00; and
WHEREAS, the bid received by Star Energy Management, Inc. was deemed nonresponsive by Staff due to the omission of required information and documents at the time of bid submission; and
WHEREAS, in accordance with Santee Municipal Code section 3.24.100(E), Staff has determined that the bid submitted by Yunex Traffic conforms in all material respects to the requirements set forth in the invitation for bids; and
WHEREAS, Yunex Traffic was found to be the lowest responsive and responsible bidder with a total bid amount of $484,955.00; and
WHEREAS, Staff recommends awarding the construction contract for the Project to Yunex traffic in the amount of $484,955.00; and
WHEREAS, Staff requests authorization for the Director of Engineering/City Engineer to approve change orders in a total amount not to exceed $48,495.00 for unforeseen items and additional work associated with the Project; and
WHEREAS, the project is categorically exempt from environmental review pursuant to Section 15301(c) of the State CEQA Guidelines.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Santee, California, as follows:

SECTION 1: The Recitals provided above are true and correct and are hereby incorporated into this Resolution.

SECTION 2: The bid submitted by Star Energy Management, Inc., was deemed nonresponsive by Staff due to the omission of required information and documents at the time of bid submission and is rejected.

RESOLUTION NO.

SECTION 3: The construction contract for the Citywide Streetlight LED Upgrade Project CIP 2023-02 is awarded to Yunex Traffic as the lowest responsive and responsible bidder in the amount of $484,955.00, and the City Manager is authorized to execute all necessary documents for the contract on behalf of the City.

SECTION 4: The Director of Engineering/City Engineer is authorized to approve change orders in an amount not to exceed $48,495.00 for unforeseen items and additional work associated with the Project.

SECTION 5: The project is categorically exempt from environmental review under State CEQA Guidelines Section 15301(c), Existing Facilities.

SECTION 6: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at Santee City Hall, 10601 Magnolia Avenue, Santee, CA 92071. The City Clerk is the custodian of record of those proceedings.

SECTION 7: This Resolution shall take effect immediately upon its passage.

ADOPTED by the City Council of the City of Santee, California, at a Regular meeting thereof held this 13th day of March, 2024 by the following roll call vote to wit:

AYES:

NOES:

ABSENT:

APPROVED:

JOHN W. MINTO, MAYOR
ATTEST:

ANNETTE ORTIZ, CMC, CITY CLERK
$805,000.00
$481,513.00 $484,995.00
$500,000.00
$642,897.00
$829,611.70 $832,270.00
$857,174.00 $870,083.00
$-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
$1,000,000
Engineers
Estimate
Star Energy
Management,
Inc.

Yunex LLC HMS
Construction, Inc.

Global Power
Group, Inc.

Techsico, Inc. Soutwest Traffic
Signal Service
MC Electric Servitek Electric,
Inc.

Citywide Streetlight LED Upgrade Project
CIP 2023-02
Item 4

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA

ACCEPTING THE PROSPECT AVENUE AND MESA ROAD INTERSECTION IMPROVEMENTS (CIP 2020-01) PROJECT AS COMPLETE AND FINDING THE

ACTION IS NOT A PROJECT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) PER STATE CEQA GUIDELINES SECTION 15378 WHEREAS, the City Council awarded the construction contract for the Prospect Avenue and Mesa Road Intersection Improvements (CIP 2020-01) Project (“Project”) to LC Paving and Sealing, Inc. on April 12, 2023 for $ 750,927.00; and WHEREAS, the City Council also authorized the City Manager, Director of Development Services or City Engineer to approve construction change orders in a total amount not to exceed $75,092.00; and
WHEREAS, three change orders in the amount of $41,830.80 were approved for removal and disposal of petromat contaminated asphalt and additional asphalt patching on Mesa Road; and
WHEREAS, the Project was completed for a total contract amount of $792,757.80 on November 22, 2023; and
WHEREAS, LC Paving and Sealing, Inc. has completed the project in accordance with the contract plans and specifications; and
WHEREAS, per California Environmental Quality Act (“CEQA”) Guidelines Section 15378, this action is not a project under CEQA because it involves an administrative activity of government without the potential of a significant impact on the environment; and
WHEREAS, the City Council desires to accept the Project as complete.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Santee, California, that the work for the construction of Prospect Avenue and Mesa Road Intersection Improvements (CIP 2020-01) Project is accepted as complete on this date and the City Clerk is directed to record a Notice of Completion.

RESOLUTION NO.

ADOPTED by the City Council of the City of Santee, California, at a Regular meeting thereof held this 13th day of March, 2023, by the following roll call vote to wit:

AYES:

NOES:

ABSENT:

APPROVED:

JOHN W. MINTO, MAYOR
ATTEST:

ANNETTE ORTIZ, CMC, CITY CLERK
Item 5

60139.00001\41875945.6

JOINT USE AGREEMENT
DRAFT

BY AND BETWEEN

CITY OF SANTEE
AND

GROSSMONT UNION HIGH SCHOOL DISTRICT
Dated March 13, 2024
60139.00001\41875945.6
2 JOINT USE AGREEMENT
This Joint Use Agreement (“Agreement”), dated March 13, 2024, for reference purposes only, is made and entered into by and between GROSSMONT UNION HIGH SCHOOL DISTRICT, a public school district of the State of California (“District”) and CITY OF SANTEE, a California municipal corporation (“City”). District and City are sometimes referred to herein singularly as a “Party” and collectively as the “Parties.” This Agreement is entered into based upon the following recited facts (each, a “Recital”).

RECITALS
A. District owns real property within the City of Santee, described as Santana High School, located at 9915 Magnolia Avenue, and West Hills High School, located at 8756 Mast Boulevard, as more particularly described in Exhibits A and B attached hereto and incorporated herein by this reference (collectively, the “Joint Use Property”), and desires to enter into this Agreement to allow for the joint use by the District and the City of the Joint Use Property under the terms and conditions of this Agreement. City and District agree that it may be necessary from time to time to adjust the boundaries of the Joint Use Property to accommodate the addition of portable classrooms or other non-recreational equipment or facilities to the Schools at the District’s sole expense. The Parties agree that any adjustment of the boundaries of the Joint Use Property shall be agreed to in writing by City and District and that District shall: (1) provide City thirty (30) days written notice prior to placement of any such buildings, structures, equipment or apparatus on the Joint Use Property.

B. The City sponsors and partners with various community recreation programs and activities, as further described in this Agreement, which it desires to conduct on the Joint Use Property on the terms and conditions set forth herein.

C. The joint use by the District and the City of the Joint Use Property is authorized by Section 10900 et seq. of the Education Code, which authorizes and empowers cities and school districts to cooperate with each other in organizing, promoting, and conducting joint programs of recreation as well as education.

D. The joint use of the Joint Use Property as set forth in this Agreement is of mutual benefit to City and District by providing recreational facilities to the community and needed educational and recreational opportunities to the students of the District.

E. Through this Agreement, City and District desire to specify the allocation of duties with respect to the joint use of the Joint Use Property, including scheduling of use, monetary obligations and responsibilities for maintenance and utility expenses.

F. City and District have entered into previous joint use agreements for use of the Joint Use Property and now desire to enter into this Agreement, which shall supersede all prior joint use agreements between the Parties for the Joint Use Property. 60139.00001\41875945.6
3 AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the Parties hereto agree as follows:

1. Incorporation of Recitals. The Recitals set forth above are true and correct assertions of the Parties’ intentions and are hereby incorporated into this Agreement.

2. Definitions. Whenever in this Agreement the following terms are used, the same shall have the meaning ascribed to them in this Section 2, unless the context otherwise requires or admits:
a. “Campus Sport” means any sport that includes only students from one GUHSD high school campus, with a GUHSD employee/coach running the program. Campus sports are required to pay a participation fee and provide proof of insurance. Any event or activities that include participants from outside one GUHSD campus that charge a fee or are for profit will not be considered a Campus Sport.
b. “City Improvements” means all improvements of any nature installed for any purpose at the City’s expense on the Joint Use Property pursuant to this Agreement or any predecessor agreement, including, but not limited, to those certain sports lighting improvements installed by the City and located at the tennis courts on the Santana High School Campus (“City Lighting Improvements”). Notwithstanding the above, the sports lighting improvements installed by the City and located at the Junior Varsity softball fields on the Santana High School Campus are excluded from the City Improvements and City Lighting Improvements. c. “City Program” means any Recreational community recreation or sports activity, event, or program, whether for youth or adults, organized, scheduled, approved, facilitated, or sanctioned by the Recreation Division of the City.
d. “City Representative” means the City Manager of the City or their authorized designee(s).

For purposes of this Agreement, the Director of Community Services of the City shall be an authorized designee of the City Manager.
e. "Community Club Sport" means a team sport or similar activity, whether or not conducted by a City recognized Partnered Youth Sports Organization (PYSO), which is not Recreational and does not meet the definition of City Program, Campus Sport, or School Sports Team, respectively.

Generally, Community Club Sports are characterized by limited enrollment of participants and/or selection by invitation or try-out; year-round play without a designated start or end date and/or without a primary season; use of paid coaches and/or governing board; and/or operation under a privately insured organization or otherwise by an organization which is not a nationally recognized youth sports league organization.
f. “Dispute Resolution Committee” means a committee composed of the City Representative, and District Representative, who shall be designated by each respective legislative body by minute action or resolution from time to time as the need arises. 60139.00001\41875945.6
4 g. “District Improvements” means all improvements of any nature installed for any purpose at the District’s expense on the Joint Use Property. The District Improvements include, but are not limited to, synthetic football fields, practice ball fields, JV and Varsity softball and baseball fields, turf areas, soccer/multi-purpose fields, outdoor courts (tennis, handball and basketball courts), outdoor amphitheater, gymnasiums, dance room and classrooms. The District Improvements include the sports lighting improvements originally installed by the City and located at the Junior Varsity softball fields on the Santana High School Campus h. “District Representative” means the Superintendent of the District or their authorized designee(s). For purposes of this Agreement, the Executive Director, Facilities Management, of the District shall be an authorized designee of the Superintendent. i. “District Rules” means those certain rules and regulations adopted by the District governing board or the District Representative, in accordance with District standard procedures, and updated from time to time, governing activities on the Joint Use Property. The current version of the District Rules is attached hereto as Exhibit C and incorporated herein by this reference.

These District Rules shall govern unless and until the District Representative provides the City Representative with a copy of any revised version of the District Rules or updates thereto. j. “District Students” means school-age children who are enrolled as students in any District school, including but not limited to West Hills High School and Santana High School. k. “Effective Date” means the first date on which all of the following have occurred: (i) the City Council has approved this Agreement; (ii) the City Representative has signed this Agreement; (iii) the Governing Board for the District has approved this Agreement; (iv) the District Representative has signed this Agreement; and (v) a fully executed copy of this Agreement is submitted to the City Clerk of the City.
l. “Improvements” means, collectively, all of the City Improvements and District Improvements on the Joint Use Property.
m. “Joint Use Property” means Santana High School, located at 9915 Magnolia Avenue, and West Hills High School, located at 8756 Mast Boulevard, as more particularly described in Exhibits A and B attached hereto and incorporated herein by this reference. n. “Partnered Youth Sports Organizations” (“PYSO”) means City partnered, recognized, and sanctioned recreational sports activity within the overlapping jurisdictional boundaries of the City and the District. PYSO rotates site usage between West Hills and Santana HS every other year.

PYSOs are not City Programs. The organizations constituting PYSOs are listed on Exhibit F, attached hereto and incorporated herein by reference.
o. “Permitted User” means any person or organization with a specific approved District reservation for the Joint Use Property.
p. “Recreational” means, with regard to any youth or adult community recreation or sports activity, event or program that meets all of the following criteria: (1) sponsorship by a nationally recognized non-profit organization; (2) no fees or minimal fee(s) for enrollment (3) open 60139.00001\41875945.6
5 registration of participants; (4) use of unpaid, volunteer coaches and governing board; (5) league games played within local region without regular travel; (6) encouragement of maximum participation at all levels of skill and experience; (7) designation of primary season; and (8) allstar games played only at conclusion of each primary season (9) minimal charge, to offset rental fee, for parents or spectators to watch.
q. “School Day” means the time period between the hours of 7:00 a.m. and 4:00 p.m. on all weekdays, excluding Saturdays, Sundays and school holidays, during the School Year. For purposes of any shortened or “minimum” school days scheduled by the District, the term “School Day” for purposes of this Agreement includes only the actual hours classroom educational services are provided to District Students at Santana and West Hills High Schools on such days, including summer school.
r. “School Site” means, respectively, Santana High School, West Hills High School, or any other District school campus which the City Representative and the District Representative may hereafter agree, in writing, to be subject to joint use by the Parties pursuant to this Agreement. s. “School Sports Team” means an in-season CIF sports team, other than a Campus Sport, that is recognized as an official school sports team by both the District and West Hills High School or Santana High School, respectively, in accordance with the appropriate procedures of the District and each respective school.
t. “School Year” means the period beginning on the actual date regular classroom educational services for District Students commences each year and ends on the actual date regular classroom educational services (including summer school) for District Students.

3. Term of Agreement. The term of this Agreement shall commence on the Effective Date and end on the day that is the five (5) year anniversary of the Effective Date (“Initial Term”).

Unless terminated pursuant to Section 13 of this Agreement, this Agreement may be extended up to three (3) successive times for a period of no more than five (5) years each (each, an “Additional Term”) by mutual written agreement of the Parties. The Initial Term and any Additional Term(s) are sometimes referred to collectively herein as the “Term.” Under no circumstances shall the total duration of the Term exceed a total of twenty (20) years.

4. Use.
a. District shall provide access to City employees, volunteers, invitees, and members of the general public to the Joint Use Property, the District Improvements and the City Improvements in accordance with the Use Schedule developed by the Parties pursuant to Section 5 of this Agreement for the purpose of scheduling, organizing, conducting, observing, and participating in any Permitted User activity including reasonable right of passage over District property adjacent to the Joint Use Property. With approval from the facility reservation system, permitted user has access to the agreed to space within the facility, this permit does not guarantee use of equipment (ex. scoreboard, sound, goals, etc.). The District shall ensure any Permitted User (other than members of the public using the Joint Use Property during City Program hours designated for 60139.00001\41875945.6
6 public use) abides by the following pursuant to written agreement prior to use of the Joint Use Property:
i. Permitted user shall ensure that persons and groups who access the Joint Use Property pursuant to the Permitted User’s rights under this Section 4 comply with District Rules, except that the Permitted User shall not be responsible to enforce any District Rules or updates thereto unless a copy of the current District Rules has been provided by the District to the Permitted User.

Permitted User may distribute copies of the District Rules to any participants. Permitted User agrees that it shall not permit activities operated for private gain or profit to be conducted on the Joint Use Property, except with the approval of the District Representative. ii. When using the Joint Use Property pursuant to this Agreement, Permitted User, shall provide, at no cost to District, except as otherwise stipulated in this Agreement, the following: (1) supervisory staff and volunteers, in compliance with District Rules, and (2) supplies and equipment. District Representatives may provide no less than seven (7) calendar days’ notice to the Permitted User that the District believes that a Permitted User requires additional custodial staff and/or technical staff to provide necessary maintenance, operational expertise, or other services needed. The Permitted User shall have the option to: (a) provide staff or volunteers to provide the required services, with approval of the District Representative; (b) modify the program such that no additional services are required, with approval of the District Representative; or (c) pay the actual reasonable cost of services rendered by District custodial and/or technical staff for the Permitted User within no more than thirty (30) days thereafter. The “actual reasonable cost of services rendered by District custodial and/or technical staff for the Permitted User” shall include only the fully burdened salary paid by the District for service rendered by such staff beyond normal work shift hours and only for duties performed as a direct result of the use of the Joint Use Property or the Improvements, but shall not include any cost, claim or damage arising from either such individual(s)' employment by the District or any incident relating to the performance of service relating to permitted use pursuant to this Section 4, except as provided in Section 11 of this Agreement. The Permitted User may request the District provide an estimate of such costs, which shall be provided to the Permitted User Representative prior to the date of use. District may waive such charges at its discretion.

5. Development of Use Schedule/Access/Priority.
a. The following priority applies to development of a Use Schedule (as that term is defined below):
i. District (to include the School Sports Team, during recognized CIF season, and Campus Sport) has priority of the Joint Use Property or any Improvement(s). ii. At any time other than the specific District use designated in Section 5(a)(i) above, persons and groups wishing to use any portion(s) of the Joint Use Property or any Improvement(s) for any City Program(s) (or other uses allowed by City) shall have priority over persons and groups wishing to use any portion(s) of the Joint Use Property or any Improvement(s) pursuant to the District’s rights under this Agreement or otherwise at the same time. Persons and/or groups, 60139.00001\41875945.6
7 expressly including Community Club Sports and PYSO, with which District employees (including coaches), are affiliated shall not have priority over City Programs by reason thereof. iii. Following City Program(s), PYSO shall have priority over other persons and groups wishing to use any portion(s) of the Joint Use Property or any Improvement(s). At semiannual meeting, Parties will make all efforts to identify historical PYSO use as it relates to the upcoming season. Any displaced PYSO use, District shall work cooperatively with the City in an effort to find alternate options for PYSO. Persons and/or groups, expressly including Community Club Sports, with which District employees (including coaches) are affiliated, shall not have priority over PYSO by reason thereof.
b. No less than semiannually during the Term, City Representative(s) and District Representative(s) shall meet and cooperate in good faith to discuss availability, review the proposed summer school calendar and schedule, and develop a written use schedule for the use by the Parties of any Joint Use Property and Improvement(s) on each School Site during such period, or such additional time period as agreed upon by the Parties (“Use Schedule”). Each such semiannual meeting shall be scheduled by mutual agreement of the participants during the months of April and November of each year during the Term. Prior to each semiannual meeting the City shall provide the District Representative with a tentative list of dates and times for proposed use of West Hills and Santana High Schools, for the upcoming period. The City’s Use Schedule agreed upon by the Parties at each semiannual meeting shall be considered final unless changed by mutual agreement. In the event of any disagreement with the written Use Schedule, either before or after it has become finalized, the disputing Party shall notify the other Party and the Parties shall cooperate in good faith to resolve the dispute. The Site Principal and/or Executive Director of Facilities Management will have the final say in any dispute. The District will rent the facility to other parties if the usage request is not received within 15 working days of the end of the months of April and November respectively.
c. The Use Schedule shall govern the use by each Party and Permitted Users on the Joint Use Property, the District Improvements and the City Improvements pursuant to this Agreement during the time period designated in the written Use Schedule. Any Use Schedule may be revised by subsequent mutual agreement of the Parties. Notwithstanding anything in this Section 5, the Parties agree that Exhibit E attached to this Agreement and incorporated herein by this reference shall constitute the proposed Use Schedule for the period from the Effective Date until the earliest date the Use Schedule developed by the Parties pursuant to Section 5(b) above for the next subsequent semiannual period becomes effective.
d. The City and the District agree that neither Party shall permit any person(s) or group(s) to use any portion of the Joint Use Property, District Improvements, or City Improvements in contravention of the Use Schedule. In the event any Party is unsure whether a use by person(s) or group(s) may contravene the Use Schedule, that Party’s Representative shall consult the other Party’s Representative prior to authorizing such use.
e. In addition to the development of the Use Schedule, the Parties agree to, during each semiannual meeting, discuss and develop a consensus as to any outstanding operational concerns, disputes or other issues relating to the use of the Joint Use Property, the District Improvements 60139.00001\41875945.6
8 and the City Improvements pursuant to this Agreement. Any concerns, disputes, or other issues which are not resolved at any semiannual meeting may be discussed by participants in the subsequent semiannual meeting or may be tabled for further discussion and resolution by the City Representative and the District Representative.

6. Improvements; Costs of Maintenance and Replacement.
a. District Improvements and Joint Use Property
i. District shall repair and maintain, at no cost to City, the District Improvements on the Joint Use Property, including normally scheduled custodial services and routine maintenance. District shall monitor the Joint Use Property and ensure it is maintained at a safe and reasonable level.

District shall make general maintenance repairs within seven (7) days or a reasonable period thereof and shall make emergency repairs necessary to ensure safety of individuals in the Joint Use Property in a timely manner.
ii. District shall install, repair, and maintain, at no cost to the City, the District Improvements, including, but not limited, to all irrigation systems, turf, surface, dirt, backstops and bleachers, court surfaces, nets, net standards and fences located on any portion of the Joint Use Property, to a safe and reasonable level, unless the Parties mutually agree otherwise in writing. iii. Except when the District and City have agreed to a maintenance and/or repair schedule pursuant to Section 6(a)(i & ii) above, or in an emergency constituting an immediate threat to public safety or the safety of District Students or participants in City Programs, no less than thirty calendar (30) days prior to repairing any District Improvement(s) or constructing additional District Improvements on the Joint Use Property, District Representative shall notify the City Representative, in writing, of any repair or construction schedules relating to such District Improvements that may affect use of the Joint Use Property for City Programs. District shall schedule repairs and construction so as to minimally impact City Programs. Notwithstanding the foregoing, whenever repair or construction of existing or new District Improvements requires the closure of any portion of the Joint Use Property for any period of time during which City Programs may be impacted, District Representative shall provide the City Representative no less than sixty (60) calendar days written notice of such closure, shall keep City informed of progress on such repair or construction, and shall inform City promptly upon reopening of the Joint Use Property or portion thereof.
b. Maintenance of City Improvements. City shall repair and maintain to a safe and reasonable level, at no cost to District, the City Improvements, including but not limited to the City Lighting Improvements on Joint Use Courts, unless and until the District has obtained title thereto pursuant to Section 8(b), or unless the Parties mutually agree in writing otherwise. The City shall provide the District Representative no less than thirty (30) calendar days written notice of any repairs or maintenance activities relating to the City Improvements that may affect use of the Joint Use Property by the District.
c. Joint Use of Improvements; Damage.
i. The District shall ensure Permitted Users comply with the following terms:
60139.00001\41875945.6
9 (1) Permitted User shall protect the Improvements and the Joint Use Property from damage due to use by Permitted User for Permitted Programs pursuant to this Agreement, except for normal wear and tear. Notwithstanding the District’s obligations set forth in Section 6(a), whenever the Permitted User uses Improvements, particularly (but not limited to) Varsity baseball and softball fields, or any portion of the Joint Use Property for Permitted Programs, the Permitted User agrees to ensure that such portion(s) of the Joint Use Property are reasonably cleared of trash and to perform basic grooming of such Joint Use Property (e.g., grooming of ball fields including dragging and watering of infield) in accordance with the District Rules and any standard District practices as to such District Improvement(s) of which the District Representative has informed the Permitted User Representative in advance.
ii. District shall protect the City Improvements and the Joint Use Property from damage due to use by District or any persons or groups authorized by District, including, but not limited to, School Sports Teams and Campus Sports, pursuant to this Agreement, except for normal wear and tear. Notwithstanding the City’s obligations set forth in Section 6(b), whenever the District uses City Improvements, the District agrees to perform basic grooming or maintenance in accordance with any standard City practices as to such City Improvement(s) of which the City Representative has informed the District Representative in advance, or as otherwise agreed in writing. iii. In the event damage, other than normal wear and tear, and expressly including vandalism and graffiti, is caused to the District Improvements or any portion of the Joint Use Property due to use by City Programs pursuant to the City’s rights under this Agreement, the District Representative shall notify the City Representative and Permitted User within five (5) calendar days, in writing, of the damage and required repair(s), and the Permitted User shall be responsible to either make such repair(s), at no cost to District, within a reasonable time after notification, or to pay to the District the actual cost of such repair(s) after they have been made by the District.

Notwithstanding the foregoing, if the City or Permitted User disputes the cause of required repairs, the City or Permitted User’s responsibility therefor, the type of required repairs, or the cost incurred by the District for performance thereof, the City Representative or Permitted User may initiate the dispute resolution procedure set forth in remedies Section 13 (j). iv. In the event damage, other than normal wear and tear, and expressly including vandalism and graffiti, is caused to the City Improvements due to use by any person(s) or group(s) pursuant to the District’s rights under this Agreement, the City Representative shall notify the District Representative within five (5) calendar days, in writing, of the damage and required repair(s), and the District shall be responsible to either make such repair(s), at no cost to City, within a reasonable time after notification, or to pay to the City the actual cost of such repair(s) after they have been made by the City. Notwithstanding the foregoing, if the District disputes the cause of required repairs, the District’s responsibility therefor, the type of required repairs, or the cost incurred by the City for performance thereof, the District Representative may initiate the dispute resolution procedure set forth in remedies Section 13 (j).
v. District shall ensure Permitted Users are bound by written agreement requiring Permitted Users to be responsible for repairing damages to the Improvements that occur while such Permitted Users are using the Joint Use Property, other than normal wear and tear (but expressly including vandalism and graffiti). In the event damage, other than normal wear and tear, and expressly 60139.00001\41875945.6
10 including vandalism and graffiti, is caused to the Improvements due to use by any third-party Permitted User not covered by Sections 6(c)(iii) and (iv), the District Representative shall notify the Permitted User within five (5) calendar days, in writing, of the damage and required repair(s), and the Permitted User shall be responsible to either make such repair(s), at no cost to District or City, within a reasonable time after notification, or to pay to the District and/or City the actual cost of such repair(s) after they have been made by the District and/or City.

7. City Improvements
a. The City may request to install City Improvements on the Joint Use Property with prior written approval from the District in accordance with the procedures set forth in this Section 7.

The City Representative shall notify the District Representative, who shall arrange a meeting within no more than thirty (30) calendar days of the date of actual receipt of such notice. At the meeting, the City Representative and the District Representative shall cooperate in good faith to reach an agreement as to the proposed location, type, and specifications of the City Improvement(s), and the estimated date of commencement of construction or installation.

Thereafter, City Representative shall provide to the District Representative, for review and approval by the District Representative and/or the District governing board, if required pursuant to California law, plans for the City Improvement(s). City shall meet, at City’s sole cost, any applicable regulations adopted by the California Division of the State Architect (“DSA”) for the installation or construction of the City Improvements. District Representative shall certify to the City Representative, in writing, that the District Representative or the District governing board, if required pursuant to California law, has approved the location, type, and specifications of the City Improvement(s) prior to the date of commencement of construction or installation, which date shall be within a reasonable time of the date agreed upon by the City Representative and the District Representative for the commencement of construction or installation. All City Improvements shall be subject to joint use by the Parties pursuant to this Agreement unless otherwise agreed in writing by the City and the District. b. All City financed improvements installed in the Joint Use Property shall remain the property of the City during the term of this Agreement and will be removed from the Joint Use Property by City upon request by District at termination or expiration of this Agreement, and the Joint Use Property shall be returned to District free of all legal encumbrances and in the condition existing at the commencement of this Agreement. In the event the City does not so remove its improvements within sixty (60) days upon expiration or termination of this Agreement, as requested in writing by District, District may remove, sell, or destroy the same and restore the Joint use Property to the condition existing at the commencement of this Agreement. Upon written notice from the District stating that the City financed improvements installed within the Joint Use Property shall not be utilized by the District, City shall reimburse the District for the removal of the facilities and reinstatement of the Joint Use Property.

8. Utilities.
a. District shall pay all costs of utilities for all District property, including the Joint Use Property and any District property adjacent thereto, and any costs of utilities relating to the use of 60139.00001\41875945.6
11 District Improvements or City Improvements, including but not limited to electrical utility charges, except as otherwise provided herein or mutually agreed in writing by the Parties. b. City shall pay all costs of utilities relating to the use of the City Lighting Improvements, including but not limited to electrical utility charges, except as otherwise mutually agreed in writing by the Parties.
c. Notwithstanding Section 8(b) above, City may invoice the District and any person(s) or groups(s) for the actual portion of utility costs relating to the use of the City Lighting Improvements directly attributable to the use by that party. Notwithstanding anything in this Agreement to the contrary, however, the City shall not invoice both the District and persons(s) or group(s) using the City Lighting Improvements pursuant to the District’s rights under this Agreement for the same portion of utility costs attributable to such use. Notwithstanding anything in this Agreement, City may regulate and/or restrict the use by any person(s) or group(s) of the City Lighting Improvements to minimize utility costs incurred by such use. District shall require, by written agreement with any person(s) or group(s) prior to their use of the Joint Use Property, that all such person(s) or group(s) pay any City invoices for the utility costs contemplated by this Section.

9. Facility Use Fee.
a. The District may charge a lawful Board approved fee schedule (Exhibit D – Facility Use Fee Schedule) for the use of any portion of the Joint Use Property or the Improvements pursuant to that Party’s respective joint use rights under this Agreement (“Facility Use Fee”). For purposes of this paragraph, City Programs on the outdoor courts are considered Group A – District Affiliated. Facility Use Fees will be collected under the District Board Approved Group B (Direct Cost-Recovery/Non-Profit) for non-City Programs, PYSOs, recreational events, programs or activities. All other site usage will be charged Group C (Fair Rental Value). Notwithstanding the foregoing, District shall ensure all District fees comply with applicable law governing fees and charges.
b. Any update to the Facility Use Fee must be supplied by the District to the City at least ninety (90) days prior to the first day of each Fiscal Year, which schedule shall be effective on the first day of each Fiscal Year and remain in effect for at least one (1) year thereafter.

10. Emergencies. The District is responsible for safeguarding the health, welfare, and safety of District Students and the City is responsible for safeguarding the health, welfare, and safety of persons participating in City Programs. In emergency situations, the District Representative may take such action as he/she deems appropriate, to provide for the safety of District Students, and City Representative or Permitted User may take such action as he/she deems appropriate to provide for the safety of participants in Permitted Programs. City and District shall work cooperatively to prevent the occurrence of emergencies which threaten the health, welfare, and safety of District Students and participants in Permitted Programs and, notwithstanding the preceding sentence, during any emergency, shall cooperate in good faith to protect both District Students and participants in Permitted Programs to the extent feasible. 60139.00001\41875945.6
12 11. Indemnification.
a. Indemnification by City: City hereby agrees to defend, indemnify and hold free and harmless District and District’s elected and appointed officials, officers, employees, volunteers, contractors, subcontractors, District Students and invitees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, personal injury, death or property damage, due to the negligence or willful misconduct of the City, its elected and appointed officials, officers, employees, volunteers, contractors and subcontractors, arising from or in any way related to this Agreement. City’s duty to indemnify District shall survive the expiration or other termination of this Agreement as to any injuries, occurrences or claims occurring or alleged to have occurred prior to its expiration or termination.
b. Indemnification by District: District hereby agrees to defend, indemnify, and hold free and harmless City and City’s elected and appointed officials, officers, employees, volunteers, contractors, subcontractors, invitees and participants in City Programs from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, personal injury, death or property damage, due to the negligence or willful misconduct of the District, its elected and appointed officials, officers, employees, volunteers, contractors and subcontractors, arising from or in any way related to this Agreement, or from any dangerous condition of public property relating to the Joint Use Property. District’s duty to indemnify City shall survive the expiration or other termination of this Agreement as to any injuries, occurrences or claims occurring or alleged to have occurred prior to its expiration or termination.
c. Indemnification by Other Non-City Permitted User: The District shall ensure Permitted Users are bound to the following indemnification terms prior to using any Joint Use Property:

Permitted User hereby agrees to defend, indemnify, and hold free and harmless District and District’s elected and appointed officials, officers, employees, volunteers, contractors, subcontractors, District Students and invitees, and City and City’s elected and appointed officials, officers, employees, volunteers, contractors, subcontractors, invitees and participants in Permitted Programs from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, personal injury, death or property damage, due to the negligence or willful misconduct of the Permitted User, its elected and appointed officials, officers, employees, volunteers, contractors and subcontractors, and invitees arising from or in any way related to this Agreement. Permitted User’s duty to indemnify District and City shall survive the expiration or other termination of this Agreement as to any injuries, occurrences or claims occurring or alleged to have occurred prior to its expiration or termination.

12. Insurance.
a. General Insurance Requirements: The Parties shall provide and maintain and shall require any and all contractors or subcontractors to maintain the insurance programs set forth in this Section 12. Each Party’s insurance shall be primary to and not contributing with any other 60139.00001\41875945.6
13 insurance or self-insurance programs maintained by the other Parties and shall be provided and maintained at the Party’s own expense.
i. Evidence of Insurance: Each Party shall provide a letter or certificate of insurance, or selfinsurance, satisfactory to the other Parties prior to commencing any use of the Joint Use Property.

Such evidence shall identify the coverage and provide that the other Party receives written notice by mail at least thirty (30) days in advance of cancellation for all required coverage. ii. Insurer Financial Ratings and Self-Insurance: If commercial insurance is used, it shall be provided by an insurance company with an A.M. Best rating of not less than A:VII, or as otherwise mutually agreed to by the Parties. In lieu of commercial insurance, each Party shall retain the right to self-insure all or any portion of its insurance obligations herein. iii. Notification of Incidents, Claims or Suits: The Parties mutually agree to notify one another of any accident or incident relating to this Agreement, which involves death, bodily injury or property damage which may result in the filing of a claim or lawsuit against any of the Parties, and, of any actual third party claim or lawsuit arising from or related to this Agreement. b. Insurance Coverage Requirements: Each Party shall maintain the following programs of insurance coverage for this Agreement:
i. General Liability insurance with limits of not less than the following, and naming the other Party as an additional insured:

General Aggregate: $5 million
Products/Completed Operations Aggregate: $2 million
Personal and Advertising Injury: $2 million
Each Occurrence: $2 million
ii. Automobile Liability insurance with a limit of liability of not less than $1 million for each accident. Such insurance shall include coverage for all “owned,” “hired” and “non-owned” vehicles, or coverage for “any auto.”
iii. Workers Compensation and Employers’ Liability insurance providing workers compensation benefits, as required by the State of California, and for which each of the Parties’ contractor and/or subcontractors shall be responsible. This insurance shall include Employers’ Liability coverage with limits of not less than the following:

Each Accident: $1 million
Disease - policy limit: $1 million
Disease – each employee: $1 million
c. In addition, District shall maintain all-risk real property insurance with a minimum limit of liability of not less than $2 million each occurrence and $2 million aggregate. Prior to commencing construction or repair(s) of any District Improvements or City Improvements, the Parties shall mutually agree as to whether additional insurance is required relating to such construction or repair(s).
60139.00001\41875945.6
14 d. Each Party shall ensure that any group(s) using the Joint Use Property or any Improvements pursuant to that Party’s rights under this Agreement carries appropriate insurance for such use.

13. General.
a. Time of Essence. Time is of the essence of each provision of this Agreement. b. Consent of Parties. Whenever consent or approval of either Party is required, that Party shall not unreasonably withhold such consent or approval. c. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the Parties or by any third party to create the relationship of principal and agent, or partnership or joint venture, or any association between City and District, and none of the provisions contained in this Agreement or any act of the Parties shall be deemed to create any relationship other than as specified herein with respect to the Improvements and Joint Use Property, nor shall this Agreement be construed, except as expressly provided herein, to authorize either Party to act as the agent for the other.
d. Assignment. Neither City nor District may assign any right or delegate any duty arising under this Agreement without the prior written consent of the other Party. e. Binding Effect. All of the terms, conditions and provisions of this Agreement shall be deemed to be covenants. The covenants contained in this Agreement shall bind and inure to the benefit of City and District and their respective representatives, successors, and, except as otherwise provided in this Agreement, their assigns.
f. Interpretation. This Agreement shall be interpreted in accordance with and governed by the laws of the State of California. Venue shall be in San Diego County. The language contained herein shall be construed according to its fair meaning and not strictly for or against either Party.

The paragraph headings are for purpose of convenience only and shall not be construed to limit or extend the meaning of this Agreement.
g. Compliance with Law. Parties shall comply, and shall secure compliance by persons within their control and authority, with all the requirements of state and federal authorities now in force, or which may hereafter be in force, pertaining to the Joint Use Property, and shall faithfully observe and secure observance of all state and federal statutes now in force or which may hereafter be in force, in the use of Joint Use Property by persons within their respective control and authority.
h. Waiver. The waiver by either Party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any other term, covenant, or condition, or any subsequent breach of the same or any other term, covenant, or condition of this Agreement. i. Remedies. In the event that either Party shall default in the performance or fulfillment of any covenant or condition herein required to be performed or fulfilled by that Party and shall fail to cure the default within one hundred twenty (120) calendar days following the service on the defaulting Party of a written notice, pursuant to Section 13 of this Agreement, from the second 60139.00001\41875945.6
15 Party specifying the default complained of, then the second Party may, at its option, without further notice or demand upon the defaulting Party or upon any person claiming through the defaulting Party, immediately terminate this Agreement and all rights of the defaulting Party, and of all persons claiming rights through the defaulting Party. Notwithstanding the above provisions, in the event that any default cannot be cured within one hundred twenty (120) calendar days after the service of written notice upon the defaulting Party, the second Party shall not terminate the Agreement pursuant to the default if the defaulting Party immediately commences to cure the default and diligently pursues such cure to completion. This Agreement may be terminated by either party, with cause, once remedies listed have been exhausted, by providing one hundred twenty (120) days written notice to the other party. j. Legal Proceedings. The Parties agree that the laws of the State of California shall be used in interpreting this Agreement and shall govern all disputes and determine all rights under this Agreement.
k. Entire Agreement. This Agreement contains all of the covenants, terms, provisions and agreements between City and District relating in any manner to the use and occupancy of the Joint Use Property. This Agreement shall supersede any prior agreement or understanding of the Parties with respect to the matters referred to herein, which prior agreement or understanding shall not be valid or of any force or effect, and no covenant, term, provision or agreement of this Agreement can be altered or amended except in writing, signed by both Parties hereto. l. Severance. If any part of this Agreement is found by a court of competent jurisdiction to be void or voidable, that portion which is so held to be defective shall be severed from the remainder hereof, the latter to remain in full force and effect. m. Nondiscrimination. Parties shall not discriminate in any manner that violates any law or regulation against any person or persons on the basis of race, color, gender, religion, national origin, ethnicity, sexual orientation, age, marital status, or disability in the providing of goods, services, facilities, advantages, and the holding and obtaining of employment. "Parties" shall not allow such discrimination by others who are within their respective control and who from time to time may use the Joint Use Property with the permission and on the terms and conditions specified by either Party.
n. Notices. Any notice provided for herein shall be sent by, and deemed given when deposited in the United States mail, registered and postage prepaid, to the Parties at the following addresses, or to such other address as a Party may designate by notice to:

City:

City of Santee
10601 Magnolia Avenue
Santee, CA 92071
Attention: City Manager
With a copy to:

City Attorney
60139.00001\41875945.6
16 Best Best & Krieger LLP
655 W. Broadway, 15th Floor
San Diego, CA 92101
District:

Grossmont Union High School District
Executive Director, Facilities Management
PO BOX 1043, La Mesa, CA 91944
Phone: (619) 644-8159
[***SIGNATURES ON FOLLOWING PAGE***]
60139.00001\41875945.6
17 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
“City”

CITY OF SANTEE,
a municipal corporation
By:

City Manager
ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger, LLP
City Attorney
“District”

GROSSMONT UNION HIGH SCHOOL
DISTRICT, a public school district
By:

Executive Director, Facilities Management
60139.00001\41875945.6
EXHIBIT ‘A’
Exhibit ‘A’
Description of Joint Use Property
Santana High School
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EXHIBIT ‘B’
Exhibit ‘B’
Description of Joint Use Property
West Hills High School
60139.00001\41875945.6
EXHIBIT ‘C’
Exhibit ‘C’
District Rules
60139.00001
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EXHIBIT ‘C’
60139.00001
\41875945.6
EXHIBIT ‘C’
60139.00001
\41875945.6
EXHIBIT ‘C’
60139.00001
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EXHIBIT ‘C’
60139.00001\41875945.6
EXHIBIT ‘D’
Exhibit ‘D’
Facility Use Fee Schedule
60139.00001
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EXHIBIT ‘D’
60139.00001
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EXHIBIT ‘D’
60139.00001
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EXHIBIT ‘D’
60139.00001\41875945.6
EXHIBIT ‘E’
Exhibit ‘E’
General Use Guidelines
for Designated Improvements and Joint Use Property

SANTANA HIGH SCHOOL LIGHTED TENNIS COURTS

MONDAY-FRIDAY SCHEDULE
MONTH DISTRICT USE HOURS CITY HOURS (available
for public use in absence
of specific City Program,
at City’s discretion)
Feb. – May 7:00 a.m. – 6:00 p.m. 6:00 p.m. – 10:00 p.m.

June 7:00 a.m. – 4:00 p.m. 4:00 p.m. – 10:00 p.m.

July none 7:00 a.m. – 10:00 p.m.

August 7:00 a.m. – 6:00 p.m. 6:00 p.m. – 10:00 p.m.

Sept. – November 7:00 a.m. – 5:00 p.m. 5:00 p.m. – 10:00 p.m.

December-January 7:00 a.m. – 4:00 p.m. 4:00 p.m. – 10:00 p.m. *Weekends and GUHSD holidays & Thanksgiving and Winter breaks the courts are available for City Programs or other uses allowed by City 7:00 a.m. – 10:00 p.m. **June-August hours are set according to the District Summer School schedule annually.

OTHER JOINT USE PROPERTY’S

FACILITY CITY HOURS OTHER USES WITH

PRIORITY
Practice Ball Fields As available and in accordance with Section 5.

PYSO local Little League Jr.

Programs, January through June,
shall have use after CIF and
Campus Sports.

JV & Varsity Ball Fields As available and in accordance with Section 5.

Football Stadium & Field As available and in accordance with Section 5.

On Saturdays during Fall
(September, October, and
November), PYSO football shall
have exclusive use after CIF and
Campus Sports. Usage will
alternate between Santana and West
Hills High Schools every two years.

Soccer/Multi-Purpose Fields As available and in accordance with Section 5.

Outdoor Courts (Non-lighted,
Tennis (incl. West Hills High
School), Handball, Basketball)
City has exclusive use on weekends
and after school use, year-round.

Note: during the summer, courts
will not be available while summer
school is in session, all other times
a minimum of two tennis courts
will be available to the public, with
year-round use on Saturdays.
60139.00001\41875945.6
EXHIBIT ‘E’
CITY HOURS;
February – May: 6:00 p.m. – sunset
June: 4:00 p.m. – sunset
July: 7:00 a.m. – sunset
August: 6:00 p.m. – sunset
September – November: 5:00 p.m.
– sunset
December – January: 4:00 p.m. –
sunset
All Outdoor Courts shall be
available for public use during the
above City hours at City’s
discretion.

Outdoor Amphitheater As available and in accordance with Section 5.

Gymnasiums As available and in accordance with
Section 5.

Dance Room As available and in accordance with
Section 5.

Classrooms, Indoor Theater and
other Facilities
As available and in accordance with
Section 5.
60139.00001\41875945.6
EXHIBIT ‘F’
Exhibit ‘F’
List of Partnered Youth Sports Organizations (PYSO)
Effective January 1, 2024
• Santee based Little Leagues – as defined by Little League International: West Hills LL and Santee National LL– PRIMARY SEASON: Spring
• USA Softball of SoCal Santee (previously known as Santee Girls ASA Softball) -PRIMARY SEASON: Spring
• Santee Ravens Football & Cheer (Pop Warner) – PRIMARY SEASON: Fall/Winter • American Youth Soccer Organization Region 341(AYSO) – PRIMARY SEASON: Fall/Winter • Santee Aviators Lacrosse – PRIMARY SEASON: Spring
Item 6
ORDINANCE NO. ____
1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA, AMENDING CHAPTER 7.04 OF TITLE 7 OF THE SANTEE MUNICIPAL CODE TO

ALLOW CANNABIS MANUFACTURING AS A STANDALONE USE IN LIGHT

INDUSTRIAL AND GENERAL INDUSTRIAL ZONES AND PROHIBIT

MANUFACTURING OF VOLATILE MATERIALS AND FINDING THE ORDINANCE IS

COVERED BY THE MITIGATED NEGATIVE DECLARATION PREVIOUSLY

APPROVED FOR THE SANTEE CANNABIS BUSINESS ORDINANCE PURSUANT

TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, in July 2022, the City Council adopted a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program for the Santee Cannabis Business Ordinance (State Clearinghouse No. 2022060058) and approved the Cannabis Business Ordinance project; and
WHEREAS, the MND analyzed cannabis manufacturing as a stand-alone use at four facilities; and
WHEREAS, in August 2022, the City Council enacted Ordinance 602, the Cannabis Business Ordinance, in the City of Santee. Ordinance 602 allows the issuance of cannabis business permits of up to four (4) retailers, including microbusinesses that include storefront retail activities, and to an unrestricted number of testing laboratories or microbusinesses that do not include storefront retail; and WHEREAS, as originally enacted, Ordinance 602 did not allow for cannabis manufacturing as a stand-alone business; and
WHEREAS, on January 24, 2024, the City Council held a workshop to discuss whether cannabis manufacturing should be allowed as a standalone use and thereafter directed staff to bring back amendments to Ordinance 602 to allow for such a use within the Light Industrial and General Industrial zones of the City; and WHEREAS, on January 24, 2024, the City Council further directed staff to bring back amendments to Ordinance 602 to prohibit manufacturing of volatile materials; and WHEREAS, this ordinance amends Ordinance 602 to conform with City Council’s direction; and
WHEREAS, the City Council has reviewed and considered the information contained in the administrative record for the proposed Ordinance; and WHEREAS, the administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; and WHEREAS, based on the independent judgment of the City Council, the approval of the proposed Ordinance is covered by the 2022 MND prepared for the Santee Cannabis Business Ordinance and no further environmental review is required for the proposed Ordinance pursuant to Public Resources Code Section 21166 and State CEQA Guidelines Section 15162; and
ORDINANCE NO. ____
2 WHEREAS, the proposed ordinance is also exempt from CEQA pursuant to CEQA Guidelines Section 15305 because modifying an allowed standalone land use constitutes a minor change in land use limitations consistent with said Guidelines.

NOW, THEREFORE, the City Council of the City of Santee does ordain as follows:

SECTION 1. Recitals Incorporated. The above recitals are true and correct and are incorporated herein by this reference as material findings in support of this Ordinance.

SECTION 2. Amendments. Amendments to Title 7 of the Code are set forth below.

Section 7.04.060 is amended to update relevant definitions as follows:

7.04.060 Definitions.
…
“Manufacturing site” means a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid Cannabis Business Permit for manufacturing from the City and a valid state license as required for manufacturing of cannabis products. As used in this chapter, “manufacturing” or “manufacturing site” does not include the use of volatile solvents and this chapter does not permit manufacturing that would require a Type 7 License under State Law.
…
“Volatile solvent” means a solvent as defined by Health and Safety Code Section 11362.3(b)(3) as of the effective date of this chapter and as subsequently amended. Under this chapter, use of volatile solvents as part of the manufacturing process is prohibited.

Section 7.04.100 is amended to read as follows:

7.04.100 Maximum number and type of authorized cannabis businesses permitted; other uses prohibited.

This section is only intended to create a maximum number and to specify the only types of cannabis businesses that may be issued permits to operate in the City. All other cannabis uses are prohibited.

ORDINANCE NO. ____
3 A. After the effective date of this Ordinance, the City shall only issue Cannabis Business Permits (consistent with this chapter) for up to four Retailers, including microbusinesses that include storefront retail activities.

There is no limit on the number of Cannabis Business Permits that the City may issue to testing laboratories. manufacturing (non-volatile only) or microbusinesses that do not include storefront retail.

B. Each year following the City Council’s initial grant of Permits (if any), or at any time in the City Council’s discretion, the City Council may reassess the number of Cannabis Business Permits which are authorized for issuance and may make changes to the number by resolution.

C. The City Council at its sole discretion may determine that the number and / or types of Cannabis Business Permits should remain the same or be modified.

Section 7.04.290 (A) and (B) are amended to read as follows:

7.04.290 Zoning and location requirements for cannabis businesses.

Cannabis businesses permitted to engage in retail, distribution, manufacturing, testing labs, and microbusiness operations for cannabis and cannabis products are also subject to the following zoning and locational requirements of this chapter. Not all of the types of cannabis businesses listed below are currently uses that are allowed by permit in the City.

A. Distribution, manufacturing (non-volatile only), testing laboratories and microbusiness that do not include storefront retail activities are only permitted in the following zone districts: IL (Light Industrial) and IG (General Industrial), and must satisfy all the applicable requirements set forth in Title 13 of this Code. Distribution that is not part of a permitted microbusiness is not currently a use that is allowed by permit in the City.

B. Retail businesses (including microbusinesses that include storefront retail activities but do not include cultivation) are only permitted in the following zone districts: IL (Light Industrial), IG (General Industrial), and GC (General Commercial), and must meet all the requirements pursuant to Title 13 of this code.

ORDINANCE NO. ____
4 Land Use Designation
Land Use GC IL IG
Distribution (not currently a use that
is allowed by permit in the City)
manufacturing (non-volatile only)
-- P P
Microbusinesses with storefront
retail and without cultivation
P P P
Microbusinesses with cultivation -- P P
Storefront Retail P P P
Non-storefront Retail -- P P
Testing Labs -- P P
The heading for Section 7.04.390 is amended to read as follows:

7.04.390 Operating requirements for distributors (distribution is not a use that is currently eligible for a permit in the City unless as part of an otherwise permitted microbusiness).

7.04.410 (A) and (I) are amended to read as follows:

Section 7.04.410 Operating requirements for cannabis manufacturing.

A. Cannabis manufacturing shall only be permitted pursuant to Section

7.04.070 or any subsequent created manufacturing state license (but not a Type 7 volatile solvent manufacturing license) as defined in MAUCRSA and may be permitted to operate only within those zone districts as defined in the Santee Municipal Code. Cannabis manufacturing permitted under this chapter does not include the use of volatile solvents.
…
I. Cannabis manufacturing facilities may only use non-volatile solvents, including carbon dioxide, ethanol, and nonhydrocarbon-based or other solvents such as water, vegetable glycerin, vegetable oil, animal fat, and glycerin to create or refine extracts. Ethanol should be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere.

ORDINANCE NO. ____
5 SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. Publication and Effective Date. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Santee, California, on the 28th day of February 2024, and thereafter ADOPTED at a Regular Meeting of said City Council held on the 13th day of March 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

JOHN W. MINTO, MAYOR
ATTEST:

ANNETTE FAGAN ORTIZ, CMC, CITY CLERK
Item 7

60139.00001\42088187.1
RESOLUTION NO.
1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA,

AUTHORIZING THE APPROPRIATION OF FUNDS FOR THE PURPOSE OF

AUTHORIZING A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST CONSULTING GROUP, INC. (A SAFEBUILT

COMPANY) FOR SPECIALIZED PROFESSIONAL BUILDING SERVICES AND TO INCREASE THE NOT-TO-EXCEED AMOUNT.

WHEREAS, the Fire Marshal position became vacant on February 9, 2023; and WHEREAS, the City’s Fire Marshal is responsible for the plan review and inspection of highly complex fire alarm systems; fire sprinkler and standpipe systems, fire pumps; fixed fire extinguishing systems; smoke control systems; and clean agent systems; and
WHEREAS, on June 28, 2023, the City Council adopted a resolution approving a new Professional Services Agreement with Interwest Consulting Group, Inc. (a SAFEbuilt Company) for specialized services for the City’s Building and Planning Divisions in the not-to-exceed amount of $200,000 for a period of one-year with the option to extend for two (2) one-year; and
WHEREAS, on December 13, 2023, the City Council adopted a resolution approving a first amendment to the Professional Services Agreement with Interwest Consulting Group, Inc. (a SAFEbuilt Company) to increase the not-to-exceed amount from the original $200,000 to $330,000; and
WHEREAS, the Schedule of Charges included as part of the Professional Services Agreement with Interwest Consulting Group, Inc. (a SAFEbuilt Company) includes fire plan review and inspection services; and
.WHEREAS, the additional services contemplated by this second amendment, may increase the total cost of this agreement by an additional $40,000 for a new, total not to exceed amount of $370,000; and
WHEREAS, the City Council previously appropriated $25,000 for Fire plan review and inspection contract services through the Mid-Year Budget Update; and WHEREAS, an additional appropriation of $8,000 from the General Fund Reserve to the FY 2023-24 Fire Department Operating Budget is needed to fully fund the amended $370,000 contract amount; and
WHEREAS, there is $7,000 available in savings in the Fiscal Year 2023-24 Fire Department budget to partially offset the increase. In addition, fees received for services and salary savings from the existing vacancy of the Fire Marshal position will offset the impact to the General Fund; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cityof Santee, California, that the City Council hereby:
60139.00001\42088187.1
RESOLUTION NO.
2 1. Authorizes the increase of the not-to-exceed amount for the Professional Services Agreement with Interwest Consulting Group, Inc. (a SAFEbuilt Company) from $330,000 to $370,000 for FY 23-24; and .

2. Authorizes the appropriation of $8,000 from the General Fund Reserve to the FY 2023-24 Fire Department Operating Budget for Fire plan review and inspection contract services.

ADOPTED by the City Council of the City of Santee, California, at a Regular Meeting thereof held this 13th day of March, 2024, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

APPROVED:

JOHN W. MINTO, MAYOR
ATTEST:
_______________________________________________

ANNETTE ORTIZ, CMC, CITY CLERK
Item 8
RESOLUTION NO.
1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA,

APPROVING THE FIFTH AMENDMENT TO THE MANAGEMENT SERVICES

AGREEMENT OF THE CITY CLERK AND AUTHORIZING THE APPROPRIATION OF $4,250 FROM THE GENERAL FUND RESERVE TO THE FY 2023-24 CITY CLERK

OPERATING BUDGET
WHEREAS, on March 28, 2018, the City of Santee entered into a Management Services Agreement with Annette Ortiz to serve as the City Clerk effective April 19, 2018; and
WHEREAS, on November 14, 2018, following Ms. Ortiz's performance evaluation, the City and Ms. Ortiz amended the Management Services Agreement effective November 15, 2018 ("First Amendment"); and
WHEREAS, on May 22, 2019, following Ms. Ortiz's performance evaluation, the City and Ms. Ortiz amended the Management Services Agreement effective May 30, 2019 ("Second Amendment"); and
WHEREAS, on May 27, 2020, following Ms. Ortiz's performance evaluation, the City and Ms. Ortiz amended the Management Services Agreement effective June 11, 2020 ("Third Amendment"); and
WHEREAS, on November 10, 2021, following Ms. Ortiz’s performance evaluation, the City and Ms. Ortiz amended the Management Services Agreement effective December 9, 2021 (“Fourth Amendment”); and
WHEREAS, as the result of a performance evaluation on February 14, 2024, and February 28, 2024, the City Council desires to amend the Management Services Agreement of Ms. Ortiz, to increase her annual salary to $145,491.20 effective February 14, 2024, as reflected in Exhibit "A" Fifth Amendment to the Management Services Agreement; and
WHEREAS, as a result of the increase to the City Clerk’s annual salary, the City Council authorizes an appropriation of $4,250 from the General Fund Reserve to the City Clerk’s FY 2023-24 Operating Budget for increased salary and benefit costs.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santee, California, does hereby find, determine and declare that the Fifth Amendment to the Management Services Agreement of the City Clerk provided in Exhibit "A," is approved effective February 14, 2024.

RESOLUTION NO.
2 ADOPTED by the City Council of the City of Santee, California, at a Regular Meeting thereof held this 13th day of March 2024, by the following roll call vote to wit:

AYES:

NOES:

ABSENT:

APPROVED:

JOHN W. MINTO, MAYOR
ATTEST:

ANNETTE FAGAN ORTIZ, CMC, CITY CLERK
Attachment: Exhibit "A" - Fifth Amendment to the Management Services Agreement Exhibit “A”

FIFTH AMENDMENT TO MANAGEMENT SERVICES AGREEMENT
This Fifth Amendment to Management Services Agreement ("Fifth Amendment") is made and entered into as of the 13th day of March 2024, by and between the City of Santee, a municipal corporation ("City") and Annette F. Ortiz ("Employee").

RECITALS
A. On or about March 28, 2018, City and Employee entered into a Management Services Agreement whereby the City employed Employee as its City Clerk.

B. On or about November 14, 2018, following the Employee's performance evaluation, the City and Employee amended the Management Services Agreement, effective November 15, 2018 ("First Amendment").

C. On or about May 22, 2019, following the Employee's performance evaluation, the City and Employee amended the Management Services Agreement effective May 30, 2019 ("Second Amendment").

D. On or about May 27, 2020, following the Employee's performance evaluation, the City and Employee amended the Management Services Agreement effective June 10, 2020 ("Third Amendment").

E. On or about November 10, 2021, following the Employee's performance evaluation, the City and Employee amended the Management Services Agreement effective December 9, 2021 ("Fourth Amendment").

F. The City Council held Employee's performance evaluation on February 14, 2024 and February 28, 2024 and in accordance with the terms of her Management Services Agreement, considered her salary.

G. City desires to continue to employ the services of Employee as its City Clerk.

H. It is the desire of the City Council to provide inducement for employee to remain in such employment.

NOW, THEREFORE, IN CONSIDERATION OF PERFORMANCE BY THE PARTIES OF THE

COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES AGREE TO AMEND THE MANAGEMENT SERVICES AGREEMENT AS FOLLOWS:

1. The Parties hereby amend Paragraph 3 Salary & Benefits of the Management Services Agreement as follows: City agrees to increase Employee's annual base salary to $145,491.20 effective February 14, 2024.

2. Except as amended in this Fifth Amendment, the terms and conditions of the Management Services Agreement remain the same.

Ortiz, Annette
Fifth Amendment to Management Services Agreement, Page 2 2 IN WITNESS WHEREOF, City and Employee have signed and executed this Fifth Amendment as of the 13th day of March 2024.

CITY OF SANTEE
By: ____________________________
John W. Minto, Mayor

EMPLOYEE
By: ____________________________
Annette F. Ortiz, CMC, City Clerk
APPROVED AS TO FORM:

By: ____________________________
Shawn Hagerty, City Attorney