Santee City Council
September 11, 2024

MEETING INFORMATION
Wednesday, September 11, 2024
6:30 PM
Council Chamber | Building 2
10601 Magnolia Ave • Santee, CA 92071
TO WATCH LIVE:

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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 Chamber 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.

September 11, 2024 | 6:30 p.m.

ROLL CALL: Mayor John W. Minto
Vice Mayor Dustin Trotter – District 4
Councilmember Rob McNelis – District 1
Councilmember Ronn Hall – District 2
Councilmember Laura Koval – District 3
LEGISLATIVE INVOCATION: Sonrise Church – Pastor Jerry Phillips

PLEDGE OF ALLEGIANCE
SEPTEMBER 11TH REMEMBRANCE CEREMONY
PROCLAMATION: National Preparedness Month
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 Councilmembers 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)
(2) Approval of Payment of Demands as Presented. (Finance – Jennings) (3) Adoption of a Resolution Authorizing an Increase to the Maximum Annual Purchase of Offsite Commercial Fleet Fuel Utilizing the WEX Fleet Card Program, per Sourcewell Contract No. 080620-WEX. (Fire – Matsushita) (4) Adoption of a Resolution Approving the First Amendment to the Professional Services Agreement with 4Leaf Inc., for Specialized Planning Services and Finding this Action is Not a Project Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15378. (Planning and Building – Sawa)
September 11, 2024 | 6:30 p.m.

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. The first Non-Agenda Public Comment period is limited to a total of 15 minutes. Additional Non-Agenda Public Comment is received prior to City Council Reports.

NEW BUSINESS:
(5) Resolution Receiving the 2024 City of Santee Development Impact Fee Report and Making Certain Findings Based on that Report Pursuant to the Santee Municipal Code and the California Government Code. (Finance – Jennings) Recommendation:

Adopt the Resolution receiving the 2024 City of Santee Development Impact Report and making certain findings based on that Report pursuant to the Santee Municipal Code and the California Government Code.
(6) Consideration of Urgency Interim Ordinance Establishing a Moratorium Pursuant to Government Code Section 65858 to Prohibit New Car Wash Facilities Until Appropriate Information can be Gathered and Assessed. (City Attorney – Hagerty)
Recommendation:

Consider the Urgency Interim Ordinance and adopt, reject, or revise it to comply with Council’s direction and provide additional direction as necessary.

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:

September 11, 2024 | 6:30 p.m.

CLOSED SESSION:
(7) Conference with Labor Negotiators
(Gov. Code section 54957)
City Designed Representative: Mayor
Unrepresented Employee: Interim City Clerk
(8) Conference with Legal Counsel—Existing Litigation
(Gov. Code section 54956.9(d)(1))
Name of Case: Preserve Wild Santee v. City of Santee, SDSC Case No. 37-2022- 00041478-CU-MC-CTL
(9) Public Employee Performance Evaluation
(Gov. Code section 54957)
Title: City Manager
(10) Threat to Public Services or Facilities
(Gov. Code section 54957)
Consultation with: City Attorney regarding threat to public services ADJOURNMENT:

September 11, 2024 | 6:30 p.m.

Sep 05 SPARC CANCELLED Council Chamber
Sep 09 Community Oriented Policing Committee Council Chamber Sep 11 Council Meeting Council Chamber
Sep 19 SMHFPC Council Chamber
Sep 25 Council Meeting Council Chamber
Oct 03 SPARC Council Chamber
Oct 09 Council Meeting Council Chamber
Oct 14 Community Oriented Policing Committee Council Chamber Oct 23 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 complied with the Americans with Disabilities Act. Upon request, this agenda will be available in appropriate alternative formats to persons with disabilities, as required by section 12132 of the Americans 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. 226 at least 48 hours before the meeting, if possible.

BOARDS, COMMISSIONS & COMMITTEES

SEPTEMBER & OCTOBER MEETINGS
Proclamation
Proclamation
WHEREAS, the Federal Emergency Management Agency (FEMA) has designated September as “National Preparedness Month”; and
WHEREAS, California residents commonly experience the effects of various disasters, ranging from severe winter storms to major earthquakes and devastating wildland fires, resulting in damages costing hundreds of millions of dollars; and WHEREAS, during the first eight months of 2024 alone, over 800,000 acres have been scorched by 5,588 wildfires across California, underscoring the critical importance of adopting and implementing effective emergency preparedness measures to mitigate the loss of life and property before, during, and after a major emergency; and WHEREAS, the Santee Fire Department, in collaboration with Central Zone Public Safety agencies, continues its dedicated efforts to enhance community outreach, ensuring that residents are well-informed about the importance of disaster preparedness and the utilization of new alert and warning systems at both individual and institutional levels; and WHEREAS, due to the continued threat of wildfire in the San Diego river corridor, the City of Santee applied for and was recently awarded a Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant to reduce hazardous fuels and create defensible space throughout designated areas within the City; and
WHEREAS, the City of Santee proactively adopted a Hazard Mitigation Plan in 2023, a strategic initiative designed to significantly enhance our preparedness, emergency management capabilities, and overall community safety; and
WHEREAS, the residents of Santee are encouraged to download the Genasys Protect App and SDEmergency App in order to receive San Diego County specific emergency notifications or emergency information related to evacuations and local disasters.

WHEREAS, the Mayor and members of the Santee City Council strongly urge all residents to be mindful of the reality that, following an emergency, self-sufficiency for several days may be necessary. Being prepared means having essential supplies, including food, water, and other necessities, to last for at least 72 hours. Residents are encouraged to visit ReadySanDiego.org to access a comprehensive list of supplies for building a personal emergency kit, as well as to download a printable disaster plan guide free of charge.

NOW, THEREFORE, I, John W. Minto, Mayor of the City of Santee, on behalf of the City Council do hereby urge all residents to take action in ensuring the safety and preparedness of their families and communities, do hereby proclaim September in the City of Santee as:
“NATIONAL PREPAREDNESS MONTH”
IN WITNESS WHEREOF, I have hereunto set my
hand this eleventh day of September, two thousand
twenty-four, and have caused the Official Seal of
the City of Santee to be affixed.

Mayor John W. Minto
MEETING DATE September 11, 2024
DIRECTOR/DEPARTMENT James Jeffries, Interim City Clerk

SUMMARY
This Item asks the City Council to waive the reading in full of all Ordinances on the Agenda (if any) and approve their reading by title only. The purpose of this Item is to help streamline the City Council meeting process, to avoid unnecessary delay and to allow more time for substantive discussion of Items on the agenda.

State law requires that all Ordinances be read in full either at the time of introduction or at the time of passage, unless a motion waiving further reading is adopted by a majority of the City Council. (Gov. Code, § 36934). This means that each word in each Ordinance would have to be read aloud unless such reading is waived. Such reading could substantially delay the meeting and limit the time available for discussion of substantive Items. Adoption of this waiver streamlines the procedure for adopting the Ordinances on tonight's Agenda (if any), because it allows the City Council to approve Ordinances by reading aloud only the title of the Ordinance instead of reading aloud every word of the Ordinance.

The procedures for adopting Resolutions are not as strict as the procedures for adopting Ordinances. For example, Resolutions do not require two readings for passage, need not be read in full or even by title, are effective immediately unless otherwise specified, do not need to be in any particular format unless expressly required, and, with the exception of fixing tax rates or revenue amounts, do not require publication. However, like Ordinances, all Resolutions require a recorded majority vote of the total membership of the City Council. (Gov.

Code § 36936).

FINANCIAL STATEMENT
N/A
CITY ATTORNEY REVIEW ☐ N/A • ☒ Completed

RECOMMENDATION
It is recommended that the Council waive the reading of all Ordinances and Resolutions in their entirety and read by title only.

ATTACHMENT
None.

ITEM TITLE APPROVAL OF READING BY TITLE ONLY AND WAIVER OF

READING IN FULL OF ORDINANCES AND RESOLUTIONS ON THE AGENDA Item 1
Item 2
2 Payment of Demands
Summary of Payments Issued
Date Description Amount
08/13/24 Accounts Payable $ 347,181.25
08/19/24 Accounts Payable 50,692.27
08/21/24 Accounts Payable 170,306.47
08/21/24 Accounts Payable 17,159.33
08/22/24 Payroll 516,484.27
08/28/24 Accounts Payable 462,641.88
TOTAL $ 1,564,465.47
I hereby certify to the best of my knowledge and belief that the foregoing demands listing is correct, just, conforms to the approved budget, and funds are available to pay said demands.

Heather Jennings, Director of Finance
vch!ist
08/14/2024 12:39:44PM
Voucher List

CITY OF SANTEE
Bank code : ubQen
Voucher
149608
Date ------------------
Vendor Invoice PO # Description/Account Amount ----------------------�--------- ------ 8/13/2024 10401 US BANK TRUST 2633256 CFO 2017 DEBT SERVICE SEMI AN 347,181.25 1 Vouchers for bank code : ubgen
1 Vouchers in this report
P_b,37:� Date § . � ! �·· _.,.
·
Approved by: , . s115\·i,�{ Date: _________ _
Total : 347,181.25
Bank total:

Total vouchers :
347,181.25
347,181.25

Voucher List

CITY OF SANTEE
Date
8/1 9/2024
8/1 9/2024
Vendor
14705 RHS MISSIONSQUARE
14704 457 MISSIONSQUARE
2 Vouchers for bank code: ubgen
2 Vouchers in this report
Invoice
PPE 8/28/24
PPE 8/28/24
Description/Account

RETIREE HSA
ICMA - 457
TOT AL:

TOTAL:

Bank Total:

Total vouchers:

Amount
5,198.03
5,198.03
45,494.24
45,494.24
50,692.27
50,692.27

Voucher List

CITY OF SANTEE
Date
8/21/2024
Vendor
10956 FRANCHISETAXBOARD
Invoice
PPE 8/22/24
8/21/2024 10955 DEPARTMENT OF THE TREASURY PPE 8/1 4/24 2 Vouchers for bank code: ubgen
2 Vouchers in this report
Description/Account

CA ST ATE TAX WITHHELD
TOT AL:

FED WITHHOLDING & MEDICARE
TOT AL:

Bank Total:

Total vouchers:

Amount
43,084.56
43,084.56
127,221.91
127,221.91
170,306.47
170,306.47

Voucher List

CITY OF SANTEE
Date
8/21/2024
Vendor
10482 TRIST AR RISK MANAGEMENT
Invoice
120613
8/21/2024 10482 TRIST AR RISK MANAGEMENT 120812
2 Vouchers for bank code: ubgen
2 Vouchers in this report
Prepared By:

Date:

Approved By:

Date:

Description/Account
WORKERS COMP LOSSES: JUNE 24
TOT AL:

WORKERS COMP LOSSES; JULY 24
TOT AL:

Bank Total:

Total vouchers:

Amount
8,258.49
8,258.49
8,900.84
8,900.84
17,159.33
17159.33

PyBatch
08/19/2024
Grand
Totals
1:31:52PM

EARNINGS SECTION
Hours/units Rate
17,157.25
Amount Src
817,073.04
Plan
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
8/1/2024 to 8/14/2024-2 Cycle b
DEDl:ICTIONS SECTION
B"ase Wages
42;515.71
82,865.81
91,738.98
15,594.88
16,866.47
Deduction_
850.31
10,031.56

83.70 70.72
3,562.24
1,015.22
2,752.17
467.85
249.64
574.45
204.75
318.41

90.25 88.70

15.56 530.13

17.50 218.13
155.27
300,58a.n
Benefit/Cont LvPlan
-2.752.17
-467.85
-155.27
93,450.29

LEAVE SECTION
Accrued
Gross:

Net:

Taken
817,073.04
516,484.27
Banked Lost
<< No Errors / 23 Warnings >.>

II CHECK # VENDOR DOC # i INVOICE # i PO# TOTAL iDUE DATE

II I I I
' "PAYROLL CHECKS" I I I
1 1001 STATE OF CA DISBURSEMENT UNIT PPEO81424 $260.30 8/30/24 2 1002 WASHINGTON STATE SUPPORT REGISTRY PPEO81424 $75'l.84 8/30/24 3 1003 STATE OF CA DISBURSEMENT UNIT I PPEO81424 $449.53 8/30/24 :$1,461.67 ' SUBTOTAL I I
'IN CHECK PROCESS' I
1 1004 i US BANK VARIOUS PROCARDS $27,946.75 8/22/24 $27,946.75 SUBTOTAL 'PP.OCESSED IN EDEN"
I '1005 ATT 96389 22041643 $857.61 8/28/24 $857.6) SUBTOTAL :'IN EDEN, CHRISTINA TO APPROVE" I
I
1006 ACE UNIFORMS 97Cn3 SDO187076 54825 $244.16 8/5/24
1006 ACE UNIFORMS 97016 SDO187078 54825 $'l06.48 8/23/24 1006 ACE uNIFORMS 97017 SDO187080 54825 , $19.59 8/25/24 $370.23 1007 ACI LABORATORIES 97021 45481 54831 $167.00 8/29/24 1008 AGRICLILTURAL PEST CONT 96874 756899 54828 $632.65 8/26/24 I '1009 AZTEC LANDSCAPING 96850 11829 54798 $4,972.43 8/31/24 1010 BORDER TIRE 96661 24-O'l90245-008 548'l8 $lj96.ll 8/30/24 I I xoxo BORDER TIRE 96660 24-0196492-CD8 , 54818 $1,522.44 8/:n/24 $2,718.55 I , 2011 CANON 96505 40al843985 54839 $159.35 8/29/24 I
1 € 1012 CANON 96578 4040B5417 4 54839 $159.35 8/31/24 $3'l8.70 l'l 1012 CARQUEST AUTO PARTS 96662 11102-615910 54840 $9.11 8/26/24 1; '1013 CINTAS 96931 4199725'l35 54844 $72.31 8/23/24
13 1013 CINTAS 96664 4200401645 54844 $88.54 8/30/24 Ii $160.85 I '14 1014 CORODATA 96989 DN1480677 $49.82 8/31/24
15 1015 COX 97068 052335901; AUG24 $A95.38 8/3'l/24
16 1016 CURTIS TOOLS 97040 1NV842413 54909 $275.36 8/8/24 17 1017 EAGLES POINTSECURITY 96750 21681 54799 $;_zio.oo 8/28/24 18 1018 HDL COREN & CONE 96492 S1NO41572 $695.00 Bl25j24 19 1019 ID ANIMALREMOVAL 96848 1742 54805 $1,440. €0 8/31/24 20 1020 IET ADVERTISING 96815 11999 54953 $600.00 8/31/24 21 1021 11MMYS BUFFET 96979 81524 54886 $1,850.00 8/31/24 22 1022 KEARNY MESA FORD 96681 1982402 54887 $147.64 8/26/24 23 1022 KEARNY MESA FORD 96680 1982417 54887 $487.82 8/29/24 $635.46 24 1023 LAKESIDE EQLIIPMENT 96753 246707 54806 $415.04 8/27/24 25 1024 LIFE ASSIST 96690 14'34747 54807 $z+ss.os 8/29/24 26 1024 LIFE ASSIST 96691 1494962 54807 $3,865.45 8/29/24 $4,320.50 27 1025 MOMENTUM TUTORING 96715 5304 $768.00 8/30/24
28 1026 MTS 96580 1800021240 $258.16 8/26/24
29 1027 N ATION AL SAFETY COM PLIANCE 98639 98639 $334.66 8/31/24 30 1028 OFFICE DEPOT 96744 374252732001 $203.34 8/20/24 31 1029 OREILLY I 96694 2968-231677 54864 $96.56 8/25/24 I 32 1029 OREILLY I 96695 2968-2317 55 54BB4 $33.94 I 8/25/24 I $130 501 I 33 1030 PADRE DAM 97069 90000367: AL1G24 $53,894.'l3 8/24/24 i I 34 1031 PARADIGM 96855 6616 54821 $152.40 8/24/24
35 103'l PARADIGM 96854 6615 5482'l $l45.z)4 8/24/24
36 1031 PARADIGM 96856 6651 54821 $262.40 8/30/24
37 1031 PARADIGM 96857 6652 54821 $297 81 8130124 '
38 1031 PARADIGM i 96858 6653 54821 $159.51 8/30/24 ', j 39 1031 PARADIGM I 96859 6654 54821 $128.98 i 8/30/24

4i 1031 PARADIGM 96860 6655 i 54821 i $269.62 i 8/30/24 I I 4: 1031 PARADIGM 96861 6656 i 54821 i $152.29i 8/30/24 I I 4: ' 1031 PARADIGM I 96862 6657 i 54821 ' $290.71 i 8/30/24 I I I , 4: 1031 PARADIGM I 96863 6664 54821 $281.58 I 8/30/24 az 1031 ' PARADIGM 96864 6665 54821 $119.49 8/30/24 $2,260.20 4E 1032 PAVEMENT REHAB CO %522 CIP2024-03 IP FINAL 54921 $134,735.00 8/26/24 " RETENTIOh $6736.75 = $127998.25 4 € , 1032 PAVEMENT REH AB CO 96527 CIP2024-03 IR FINAL RETENTION -$6.736.75 8/26/24 4; ' 1033 QUADIENT 97007 2128 $94.35 8/15/24 I
j 48 1034 RASA I 96976 5812 54976 $525.00 8/11/24
')'l 1035 SCA OF CA i 96865 158462PS 54811 $31,019.58 8/31/24 I 50 1036 SDCFCA i 97053 7012024 $60.00 8/1/24
51 1037 SEDANO FORD ' 97062 2049'l909 54895 $268.33 8/18/24 52 1037 SEDANO FORD 96697 242087 54895 $100.00 8/29/24 $368.3:
53 1038 SHOW STOPPER WAX 96698 6425 54896 $:_s o:_ 8/31/24 54 1039 SITE ONE 96891 144407146-001 54925 $;_zio.:_zi 8/15/24 55 1040 SPECIALTY DOORS OF CA 97061 7172024 54985 $8,843.15 8/17/24 56 1041 STANDARD ELECTRONICS 96849 , 1589 54879 $2,268.84 8/30/24 57 1042 STAPLES 96970 6007332752 54869 $26.93 , 8/23/24 58 1043 STEVEN SMITH L_ANDSCAPING 96895 2144 54812 $435.44 8/26/24 59 1044 TRI LOGY M EDWASTE 97054 1595156 54913 $155.42 8/30/24 60 1044 TRILOGY MEDWASTE 97055 1595157 54913 $155.:n 8/30/24 $310.7:
51 1045 VELOCITYTRLICK CNTRS 96700 XA29 €200066:01 54903 $28.44 8/26/24 I 62 1046 WETMORES 96701 06P90446 54905 $16.56 8/31/24
63 1047 ZOLL MEDICAL CORP 97057 4021553 54817 $4,967.88 8/30/24 $255,148.81 SLIBTOTAL *IN EDEN, TEREZ AND CHRISTINATO APPROVE'
I
I
1 1048 COUNTY 0 F SD-SH ERI FF'S DEPT 97031 25CTOFSASM1'l 54908 $1.888.00 9/1/24 I
z 1048 COUNTY OF SD-SHERIFF'S DEPT 97067 25CTOFSANO1 54922 $2,714.00 9/1/24 $4,602.00 1049 EDWARD PATTERSON 96495 09Cn2024-225 $130.36 9/1/24 A 1050 ELLISON WILSON ADVOCACY 96573 2024-08-07 54En7 $1.500.00 9/1/24 5 1051 IIJDI CARROLL 96493 09012024-96 $135.11 9/1/24
6 1052 LYNNESTIOHN 96496 09012024-78 $135.37 9/1/24
7 '1053 SD HUM ANE SOCIEIY 96633 24-Allg 54959 $38,67400 9/1/24 8 1054 SYLVIA CLAYTON 96494 09012024-340 $141.39 9/'1/24 $45,318.23 SLIBTOTAL "Nl)TINEDEN*
I 1055 BBK Legal Svcs July 2024 $107,595.87 8/28/24
2 1056 CORODATA RS7009045 REQ 25308 $795.21 8/30/24
3 1033 QUADIENT Q1419121 54988 $1,267 42 8/30/24 $1,361.77 4 1057 SDGE 0079900685777: AUG24 $21.047 43 9/4/24
5 1057 SDGE 0034223805628: AuG24 $251.37 9/4/24 $21,298.80 6 1058 VERIZON 9971'l62246 $953.51 9/2/24 $131,910.81 SUBTOTAL 821NVOlCES $462,641.88 TOTAI

Item 3
RESOLUTION NO. ____
1 RESOLUTION AUTHORIZING AN INCREASE TO THE MAXIMUM ANNUAL

PURCHASE OF OFFSITE COMMERCIAL FLEET FUEL UTILIZING THE WEX FLEET CARD PROGRAM, PER SOURCEWELL CONTRACT NO. 080620-WEX
WHEREAS, on August 20, 2022, the Council adopted a resolution authorizing the use of Sourcewell WEX Bank Fleet Card and Related Services Contract No. 080620- WEX for the offsite fleet fueling of City vehicles through September 2024; and WHEREAS, Santee Municipal Code Section 3.24.100 (B) authorizes the City to join with other public jurisdictions in cooperative programs as determined by the purchasing agent to be in the City’s best interest; and WHEREAS, in June 2020, Sourcewell, a State of Minnesota local government agency and service cooperative, issued Request for Proposals (RFP) #080620 for Fleet Payment Solutions with Related services using a competitive request for proposals process; and
WHEREAS, based on evaluation criteria including pricing, breadth and quality of products, customer support and ability to sell and deliver services, WEX Bank was awarded Contract #080620-WEX for an initial term through September 7, 2024 and per contract terms have extended the contract through September 7, 2025; and WHEREAS, the purchasing agent and the fleet manager have determined continued utilization of Contract #080620-WEX would be in the City’s best interest; and WHEREAS, the initial estimated annual expenditure for offsite fleet fueling of City vehicles under this contract was $144,000, based on the FY 21-22 fuel use, which during this time, Station 5 apparatus and medic units refueled from Stations 5’s above-ground bulk fuel tanks; and
WHEREAS, due to more restrictive bulk fuel ordering requirements, the aboveground tanks at Station 5 now serve as an emergency reserve, and the Station 5 apparatus and medic units are fueling offsite; and
WHEREAS, the revised annual estimated expenditure for offsite fleet fueling is $245,000 based on current fuel use, and the increase will be partially offset by the savings associated with the purchase of less bulk fuel.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santee, California, hereby:

1. Authorizes increasing the maximum annual expenditure for the offsite fueling of City vehicles from $144,000 to $245,000, per continued utilization of the WEX Fleet Card Program, per Sourcewell Contract #080620-WEX; and

2. Authorizes the City Manager to execute all related documents.

RESOLUTION NO. ____
2 ADOPTED by the City Council of the City of Santee, California, at a Regular Meeting thereof held this 11th day of September 2024, by the following roll call vote to wit:

AYES:

NOES:

ABSENT:

APPROVED:

JOHN W. MINTO, MAYOR
ATTEST:

JAMES JEFFRIES, INTERIM CITY CLERK
Item 4

RESOLUTION NO.
1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA

APPROVING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF INC., FOR SPECIALIZED PLANNING SERVICES WHEREAS, one of the City of Santee's strategic goals is to continue providing high quality municipal services; and
WHEREAS, the City has a need for specialized professional planning services in keeping with this goal; and
WHEREAS, a Request for Proposals (RFP #24/25-40036) for professional planning services to ensure high quality consultant services at a reasonable cost was advertised on April 15, 2024, and closed May 15, 2024; and
WHEREAS, based on proposals from four consultants for professional planning services and scoring from interviews of those consultants 4Leaf Inc. (4Leaf) was recommended as the top consultant to provide support to the Planning Division; and WHEREAS, on June 27, 2024, the City Manager approved an agreement with 4Leaf for professional planning services ("Agreement") in the amount of $25,000 for Fiscal Year 2024-2025 primarily for immediate on-site staffing support to the Planning Division; and WHEREAS, in accordance with SMC Section 3.24.180, City Council approval is required for Professional Services Agreements and amendments thereto if the cumulative amount exceeds $25,000.00 in any fiscal year; and
WHEREAS, the City desires to amend the Agreement with 4Leaf for professional planning services for an annual amount not to exceed $225,000 for a three (3) year term (ending September 11, 2027) that includes on-site Planning Division support, billable developer deposit-based project support, and services related to the preparation of the Open Space Element; and
WHEREAS, the Fiscal Year 2024-2025 Operating Budget includes an appropriation of $25,000 in the Planning Budget for professional consultant staffing services in support of general planning services, including on-site functions; and WHEREAS, the Fiscal Year 2024-2024 Operating Budget includes an appropriation of $156,000 in the Planning Budget for professional consultant services related to the preparation of the Open Space Element Update; and
WHEREAS, $44,000 is needed for planning services related to projects that are funded by developer deposits; and
WHEREAS, the Agreement is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378; and RESOLUTION NO.
2 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Santee, California, as follows:

1. Authorizes the First Amendment extending the initial agreement term from one year to three years, through September 11, 2027, with the option to extend one (1) subsequent year; and

2. Authorizes the increase of the Professional Service Agreement annual not to exceed amount from $25,000 to $225,000 which includes on-site Planning Division support, adding billable developer deposit-based project support, and adding services related to the preparation of the Open Space Element; and

3. Authorizes the City Manager to execute all necessary documents for the professional services agreement on behalf of the City.

ADOPTED by the City Council of the City of Santee, California, at a Regular Meeting thereof held this 11th day of September, 2024, by the following roll call vote to wit:

AYES:

NOES:

ABSENT:

APPROVED:

JOHN W. MINTO, MAYOR
ATTEST:

JAMES JEFFRIES, INTERIM CITY CLERK
60139.00001\40419811.2
1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN
CITY OF SANTEE AND 4LEAF, INC.

This First Amendment (“Amendment”), dated this day of _____, 2024, for reference purposes only, is entered into by and between the City of Santee, a California charter city (“City”) and 4Leaf, Inc., a California corporation (“Consultant”). City and Consultant are sometimes referred to in this Amendment individually as a “Party” and collectively as the “Parties.” This First Amendment is entered into in light of the following recited facts (each a “Recital”).

RECITALS
A. City, under the Professional Services Agreement dated June 27, 2024 (“Agreement”), retained the services of Consultant to provide specialized planning services.

B. The City and Consultant now desire to amend the Agreement to modify the Schedule of Charges (Exhibit “B”), Compensation, and Term of Agreement and Time of Performance. The changes to the Schedule of Charges reflect reduced rates compared to the Original Agreement.

The modification to Compensation (Section 2.b. of the Agreement) reflects a revised not-to-exceed annual sum of $225,000.00 for the term of the agreement. The modification to Term of Agreement and Time of Performance (Section 3 of the Agreement) reflects a new Agreement term of three (3) years with an expiration date of September 11, 2027 and the option for a one (1) year extension.

C. This First Amendment is authorized pursuant to Section 4 and 14 of the Agreement.

NOW, THEREFORE, in consideration of the Recitals and the terms and conditions set forth in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties set forth their mutual covenants and understandings as follows:

TERMS

1. SCHEDULE OF CHARGES: The Schedule of Charges of the Agreement (Exhibit “B”) is hereby amended and replaced by the Schedule of Charges (AMENDED), attached to this Amendment as Exhibit “B” and incorporated into this Amendment by this reference.

2. COMPENSATION: Section 2.b of the Agreement is hereby amended to the not-to-exceed annual sum of $225,000.00.

3. TERM OF AGREEMENT AND TIME OF PERFORMANCE: Section 3 of the Agreement is hereby amended to extend the end of the period of performance to three (3) years, until September 11, 2027, with the option for a subsequent one (1) year extension.

4. CONTINUING EFFECT OF AGREEMENT: Except as amended by this First Amendment all other provisions of the Agreement remain in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.

First Amendment to Professional Services Agreement
4Leaf, Inc.
2 IN WITNESS WHEREOF, the Parties have caused this First Amendment to be executed and delivered by their respective representatives, thereunto duly authorized, as of the date first written above.

CITY OF SANTEE 4Leaf, Inc.

By: _________________________________ By: _______________________________ Marlene D. Best Print Name:_________________________
City Manager
Date: ________________________________ Title: ______________________________ Date: ______________________________

APPROVED AS TO FORM:

BEST & KRIEGER LLP
By: __________________________________
Shawn Hagerty, City Attorney

Date: _________________________________
First Amendment to Professional Services Agreement
4Leaf, Inc.
3 EXHIBIT B

SCHEDULE OF CHARGES
(AMENDED)
First Amendment to Professional Services Agreement
4Leaf, Inc.
4 First Amendment to Professional Services Agreement
4Leaf, Inc.
5 CITY" OF SANTEE
Original Agreement
4LEAF, Inc.

Professional Planning Services

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF SANTEE
AND
4LEAF, INC.

This Agreement for Professional Services ("Agreement") is made and entered into this 27'h day of June, 2024, by and between the City or Santee, a California charter city ("City") and 4LEAF, Inc., a California corporation. City and Consultant are sometimes referred to in this Agreement individually as a "Party" and collectively as the "Parties."

RECIT ALS
A. City is a charter city and is in need of professional services for the following project: Professional Planning Services ("the Project").

B. Consultant is duly licensed and/or has the necessary qualifications to provide such services for the Project.

C. The parties desire to establish the terms for the City to retain the Consultant in order to provide the services described herein.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit 'A' and hereby made a part Or this Agreement; provided, however, that the contents of this Agreement shall supersede any provision in Exhibit 'A' that is inconsistent herewith.

2. Compensation
a. Subject to paragraphs 2(b) - (d) below, City shall pay for the services provided by Consultant in accordance with the Schedule of Charges set forth in Exhibit 'B' attached hereto and hereby made a part of this Agreement; provided, however that the contents of this Agreement shall supersede any provision in Exhibit 'B' that is inconsistent herewith. b. In no event shall the total amount paid For services rendered by Consultant pursuant to this Agreement exceed the sum of $25,000.00. This Agreement is subject to and contingent on budgetary appropriations being approved by the City Council for each fiscal year during the term of this Agreement. If such appropriations are not approved, the Agreement will be immediately terminated without penalty to the City.
1 CITY" OF SANTEE
Original Agreement
4LEAF, Inc.

Professional Planning Services
C. Each month Consultant shall furnish City with an invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by categories, including labor, travel, materials, equipment, supplies, sub-consultant charges and miscellaneous expenses.

City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in paragraph 2(d). In the event any charges or expenses are disputed, the invoice shall be returned to the Consultant for correction and resubmission.
d. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant's invoice; provided however, that untimely invoices may be subject to nonpayment if funding has not been appropriated or budgeted for payment of the invoice due to Consultant's untimely submission. Payment to Consultant For work performed pursuant to this Agreement shall not be deemed to waive any defects in the work performed by Consultant.

Term of Agreement and Time of Performance
Consultant shall perform its services hereunder in a prompt and timely manner.

Work shall commence upon authorization from the City. The term of this Agreement shall be for a period or one (1 ) year from the date of execution of this Agreement unless terminated sooner pursuant to the provisions of this Agreement or when the services are complete. Such term may be extended upon written agreement of both City and Consultant.

Additional Work
Consultant shall not be compensated for any services outside of the Scope of Services, except as provided in this paragraph. If changes in the work seem merited by Consultant or the City, a change in the scope of the work shall be processed by the City in the following manner: (1 ) a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule, (2) an amendment to this Agreement shall be prepared by the City and executed by both parties before performance of such services or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

Maintenance of Records
Books, documents, papers, accounting records, and other evidence pertaining to work done and costs incurred pursuant to this Agreement shall be maintained by 2 CITY OF SANTEE
Original Agreement
4LEAF, Inc.

Professional Planning Services
Consultant and made available for inspection, audit and copying by the City at all reasonable times during the term of this Agreement and forfour (4) years from the date of final payment under the Agreement.

Ownership and Use of Work
All documents and materials prepared pursuant to this Agreement shall be considered the property or City, and will be turned over to City upon demand, but in any event upon completion of the work. City reserves the right to publish, disclose, distribute and otherwise use, in whole orin part, any reports, data or other documents and materials prepared under this Agreement without the permission of Consultant. All documents and materials shall be delivered in a reproducible form. As used herein, "documents and materials" include, but are not limited to, any original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, and computer files prepared or developed pursuant to this Agreement.

Findings Confidential
Any reports, information, data or materials given to or prepared or assembled by Consultant under this Agreement are confidential and shall not be made available to any individual or organization by Consultant without prior written approval of City.

Conflict of Interest
Consultant hereby expressly covenants that no interest presently exists, nor shall any interest, direct or indirect, be acquired during the term of this Agreement that would coriflict in any manner with the performance of services pursuant to this Agreement.

Delays in Performance
Neither the City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.

Should such circumstances occur, the non-peforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

10. Compliance with Law
3 CI1Y OF SANTEE
Original Agreement
4LEAF, Inc.

Professional Planning Services
a. Consultant shall comply with all applicable laws, ordinances, codes and regulationsoTthefederal,stateandlocalgovernment. IfConsultant'sfailure to comply with applicable laws, ordinances, codes and regulations results in a claim for damage or liability to City, Consultant shall be responsible for indemnifying and holding the City harmless as provided in this Agreement. b. Consultant shall assist the City, as requested, in obtaining and maintaining all permits, if any, required of Consultant by federal, state and local regulatory agencies.

11. Standard of Care
Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

12. Assignment and Subconsultants
Consultant shall not assign, delegate, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. A consent to one assignment shall not be deemed to be consent to any subsequent assignment. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the perTormance of services hereunder.

13. Independent Consultant
Consultant is retained as an independent Consultant and is not an agent or employee of the City. No employee or agent of Consultant shall by this Agreement become an agent or employee of the City. The work to be performed shall be in accordance with the work described in Exhibit 'A', subject to such directions and amendments from the City as herein provided. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever
Consultant enters into this Agreement as, and shall continue to be, an independent consultant. All services shall be performed only by Consultant and Consultant's employees, iF applicable. Under no circumstances shall Consultant, or any of Consultant's employees, look to the City as his or her employer, or as a partner, agent or principal. Neither Consultant, nor any of Consultant's employees, shall be entitled to any benefits accorded to City employees, including without limitation worker's compensation, disability insurance, vacation or sick pay. Consultant shall be responsible for providing, at Consultant's expense, and in Consultant's name, unemployment, disability, worker's compensation and other insurance, as well as licenses and permits usual or necessary for conducting the services. 4 CITY OF SANTEE
Original Agreement
4LEAF, Inc.

Professional Planning Services

14. Integration
This Agreement represents the entire understanding of the City and Consultant as to those matters contained herein, and supersedes and cancels any prior oral or written understanding, promises or representations with respect to those matters covered hereunder. To the extent that any provision or clause contained in an attachment to this Agreement conflicts with a provision or clause in the Agreement, the provision or clause in this Agreement shall control. This Agreement may not be modified or altered except in writing signed by both parties hereto. This is an integrated Agreement.

15. Insurance
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001 )
(iii) Commercial General Liability Insurance must include coverage for the following:
(1 ) Bodily Injury (including death) and Property Damage (2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
5 CITY OF SANTEE
Original Agreement
4LEAF, Inc.

Professional Planning Services
(10) SexualMisconductCoverage,withnoapplicablesublimit
(iv) All such policies shall name the City of Santee, its City Council and each member thereof, its officers, employees, and agents as Additional Insureds under the policy.
(v) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City. All deductibles and self-insured retentions must be declared to the City prior to commencing work under this Agreement.

Automobile Liability
(i) At all times during the performance of the work under this Agreement the Consultant shall maintain Automobile Liability Insurance for bodily injury (including death) and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 0001 (ed. 6/92) covering automobile liability, Code 1 (any auto).
(iii) The automobile liability program may utilize deductibles, but not a self-insured retention, subject to written approval by the City.

Workers' Compensation/Employer's Liability
(i) At all times during the performance of the work under this Agreement the Consultant shall maintain Workers' Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage in amounts indicated herein.
(ii) Such insurance shall include an insurer's Waiver of Subrogation in favor of the City and will be in a form and with insurance companies acceptable to the City.
(iii) If insurance is maintained, the workers' compensation and employer's liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City.
(iv) Before beginning work, the Consultant shall furnish to the City satisfactory proof that he/she has taken out for the period covered by the work under this Agreement, full compensation insurance for all persons employed directly by him/her to carry out the work 6 CITY OF SANTEE
Original Agreement
4LEAF, Inc.

Professional Planning Services
contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof.

Consultant shall require all subconsultants to obtain and maintain, for the period covered by the work under this Agreement, worker's compensation of the same type and limits as specified in this Section.

Professional Liability (Errors and Omissions)
(i) At all times during the performance of the work under this Agreement and for 60 months following the date of Project completion and acceptance by the City, the Consultant shall maintain Professional Liability insurance, in a form and with insurance companies acceptance to the City and in an amount indicated herein; provided, however, that if the work under this Agreement involves teaching, coaching, or childcare, Consultant shall provide Educators Legal Liability ("ELL") insurance in lieu of Professional Liability insurance Pollution/Asbestos Leqal Liability
(i) At all times during the performance of the work under this Agreement and for sixty (60) months following the date of Project completion, the Consultant shall maintain Pollution Legal Liability insurance and/or Asbestos Legal Liability insurance and/or Errors and Omissions (if the Project involves environmental hazards) in an amount indicated herein.
(ii) The Consultant, along with all employees, agents and subconsultants who have a reasonable probability of coming into contact with hazardous materials, shall be adequately trained to comply with and shall comply with all laws and regulations relating to the care and protection of the environment in the performance of the work performed by the Consultant or any portion thereof. 7 CITY OF SANTEE
Original Agreement
f. Cyber Liability
4LEAF, Inc.

Professional Planning Services
(i) At all times during the performance of the work under this Agreement and for sixty (60) months following the date or Project completion, the Consultant shall carry and maintain, at its own expense, including any City-approved deductibles or retentions, Cyber Liability insurance in an amount stated herein. The Cyber Liability policy must include security and privacy liability, media liability, business interruption and extra expense, and cyber extortion liability, as specified by the City. Such coverage is required if Consultant provides products and/or services related to information technology and electronic data processing (including hardware and software) to the City or as otherwise required by the City.
g. Minimum Policy Limits Required
(i) The Following insurance limits are required for the Agreement:

Commercial General Liability
Automobile Liability
Employer's Liability
Professional Liability/ELL
Pollution/Asbestos Liability
Cyber Liability Insurance
Combined Sinqle Limit
$2,000,000 per occurrence/$4,000,000
aggregate for bodily injury (including.death),
personal injury and property damage
$1,000,000 per occurrence for bodily injury
(including death) and property damage
$1,000,000 per accident for bodily injury or
disease
$1,000,000 per claim and aggregate (errors
and omissions)
$1,000,000 per occurrence or
claim/$2,000,000 aggregate (if Project
involves environmental hazards)
$1,000,000 per occurrence/$2,000,000
aggregate (if Project involves electronic data
processing or development of hardware or
software)
If Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 8 CITY" OF SANTEE
Original Agreement
4LEAF, Inc.

Professional Planning Services
Evidence of Insurance Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 2010 (or insurer's equivalent) signed by the insurer's representative, Certificate of Insurance (most recent version of Acord 25 Form or equivalent), and Additional Insured Endorsement verifying compliance with the requirements.

All evidence of insurance shall be signed by a properly authorized officer, agent or qualified representative of the insurer and shall certify the names of the insured, any additional primary insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

Policy Provisions Required
The City of Santee, its City Council and each member thereof, its officers, employees, and agents shall be named as an additional insured on the Commercial General Liability policy, and, if the Project involves environmental hazards, on the Pollution/Asbestos Liability policy using form 2010 1185 or equivalent. Any subconsultant, subcontractor or similar entity performing work on the Project must add the City as an additional insured using CG form 20 38, or broader coverage. Blanket endorsements may be accepted at City's discretion. All policies shall contain or shall be endorsed to contain a provision that advanced written notice of any cancellation, including cancellation for non-payment of premium, shall be provided to the City. Statements that the carrier "will endeavor" and "that failure to mail such notice shall impose no obligation and liability upon the company, its agents or representatives," will not be acceptable on endorsements. At the City's sole discretion, the requirement to endorse policies to provide advanced written notice of cancellation to the City may be waived upon the Consultant's agreement that it shall provide the City with copies of any notices of cancellation immediately upon receipt.

General Liability, Automobile Liability, and if required, Pollution Liability insurance policies shall contain a provision stating that the Consultant's policies are primary insurance and that the insurance of the City or any named additional insureds shall not be called upon to contribute to any loss.

Qualifyinq Insurers
g

CITY OF SANTEE
Original Agreement
4LEAF, Inc.

Professional Planning Services
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:

Insurance carriers shall be qualified to do business in California and maintain an agent for process within the State. Such insurance carrier shall have not less than an 'A' policyholder's rating and a financial rating of not less than "Class Vll" according to the latest Best Key Rating Guide. Due to marketfluctuationsintheWorkersCompensationsector, theCityreserves the right and at its sole discretion to review and accept the Consultant's proposed Workers compensation insurance.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, the Consultant fails to maintain in full force any insurance required by the Agreement documents the City may terminate the Agreement or may elect to withhold compensation in an amount sufficient to purchase insurance to replace any expired or insufficient coverage. (iii) The Consultant shall include all subconsultants as insureds under its policies or shall furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants shall be subject to all of the requirements stated herein.
(iv) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (V) Neither the City, nor its City Council, nor any member of thereof, nor any of the directors, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of the Contract.

16. Indemnification
To the fullest extent permitted by law, Consultant agrees to indemnify, defend (with independent counsel approved by the City) and hold harmless the City and its officers, employees and elected and appointed officials, and volunteers (each, an "Indemnified Party") from and against any and all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated 10 CITY OF SANTEE
Original Agreement
4LEAF, Inc.

Professional Planning Services
investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type, expressly including but not limited to those arising from bodily injury (including death) or property damage, arising out of or resulting from any act or omission to act of the Consultant, Consultant's agents, officers, employees, subconsultants, or independent consultants hired by Consultant under this Agreement. The Consultant's obligations apply regardless of whether or not a liability is caused or contributed to by the negligence (including passive negligence) or other act or omission of an Indemnified Party. The acceptance or approval of the Consultant's work by an Indemnified Party shall not relieve or reduce the Consultant's indemnification obligation. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, agents, employees or representatives. The provisions of this Section shall survive completion of the work under this Agreement or the termination of this Agreement and are not limited by the provisions relating to insurance.

If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemniTication obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to deTend, shall not exceed the Consultant's proportionate percentage of fault.

17. Confidentiality
Consultant shall keep conTidential all information, in whatever form, produced, prepared, observed or received by Consultant to the extent that such information is confidential by law or otherwise required by this Agreement.

18. Laws, Venue, and Attorneys' Fees
This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, as determined by the court. 11 CITY' OF SANTEE
Original Agreement

19. TerminationorAbandonment
4LEAF, Inc.

Professional Planning Services
a. City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice or termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.
b. Consultant may terminate this Agreement at any time upon thirty (30) days written notice of termination to City.

C. If either Consultant or City fails to perform any material obligation under this Agreement, then, in addition to any other remedies, City or Consultant may terminate this Agreement immediately upon written notice. d. Upon termination of this Agreement, all property belonging to City which is in Consultant's possession shall be returned to City. Consultant shall furnish City with a final invoice for work performed by Consultant. City shall have no obligation to pay Consultant for work performed after termination of this Agreement.

20. Organization
Consultant shall assign Marcus Johnson as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to peform the services required under this Agreement.

21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed as shown below and shall be effective upon receipt thereof.

CITY:

Name: Marlene Best
Title: City Manager
City of Santee
10601 Magnolia Avenue
Santee, CA 92071

22. Third Party Rights
CONSULT ANT:

Attn: Marcus Johnson
Title: Director
4LEAF, Inc.
402 West Broadway, Suite 400
San Diego, CA 92101
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
12 CITY OF SANTEE
Original Agreement

23. Severability and Waiver
4LEAF, Inc.

Professional Planning Services
The unemorceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal. Waiver by any party of any portion of this Agreement shall not constitute a waiver of any other portion thereof.

24. Non-discrimination
Consultant will comply with all applicable federal, state and local laws, ordinances, and regulations, including the Americans with Disabilities Act (ADA), California Fair Employment and Housing Act (FEHA) and Title Vll of the Civil Rights Act or 1964.

Consultant will not discriminate in any way, against any person, on the ground of race, color, national origin, religion, religious creed, age (over 40), sex and gender (including pregnancy, childbirth, breastfeeding or related medical conditions), sexual orientation, gender identity, gender expression, disability (mental and physical), medical condition, genetic information, marital status, or military and veteran status, in connection with services under this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

CITY OF SANTEE:

City Manager
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
BY:

Shawn Hagerty
City Attorney
CONSULT ANT:

BY:
[)igitally signed by Kevin J.

Ke"n Ja Duggan :ua:a;7024.06.2811:4816
-07'00'
Kevin Duggan
President
13 CITY OF SANTEE
Original Agreement
4LEAF, Inc.

Professional Planning Services

EXHIBIT 'A'

SCOPE OF SERVICES
14 4LE AF. INC
Planning Services
Our Planners possess the technical writing and report preparation abilities needed to convey the greatest detail in a manner that is easy to understand with solid recommendations of findings rooted in the plans, policies, and codes that reinforce the City's vision. We are dedicated to understanding the vision of a community and rigorously working towards that vision. We utilize application checklists as the foundation of our review and translate policies and regulations as they apply to planning development applications. We transpose our findings into informative, concise, and simple to understand staff reports and environmental compliance documentation. These endeavors cannot be accomplished in a vacuum and our staff are well-versed in project management and will work collaboratively with other City departments and agencies, including regional and state agencies, to ensure that the highest levels of review and feedback are achieved. management of a variety of land
adopted area, and specific plans.
4LEAF Planners will arrive on-site with a positive attitude and will make every attempt to move projects forward to achieve successful outcomes.

We are creative in our approach and can develop alternative methods to achieve the best outcome for the communities, agencies, and applicants.

The Planning Division at 4LEAF is responsible forintegrating staff seamlessly into city and county jurisdictions where we are routinely called upon to supplement vacancies and staff shortages. We also provide staff augmentation services when projects require focused processing and use applications for compliance with land development codes and general, 4LEAF"s Planning duties include the development of submittal forms to meet statutory requirements, responding to planning and zoning inquiries on an information hotline and front counter as applicable, and conducting site inspections and property research to support application processing and public meetings. Additionally, our team evaluates development proposals for the appropriate level of environmental review in accordance with the California Environmental Quality Act (CEQA).
* Current Planning
* Phase I & II Environmental Assessment.
* CEQA Review
* Initial Studies
* Environmental Impact Reports (EIR)
* Emer. Ordinance & Policy Drafting
* Review for Rebuilds and Temporary Housing
* Housing & Safety Elements
Site Inspections
Application Processing
Developing Submittal Forms
Property Research
Land Use Applications
Design Review
Cannabis Regulations
Long-Range Planning
Current Planning (Counter Intake and Project Review)
4LEAF"s Planning duties include ensuring the project team quickly and effectively becomes familiar with City Proposal to Provide Building, Planning & Fire Services, RFP #24/25-40036, to the City of Santee.

Section E: Consultant Resources

May 16, 2024
Al EAF. INC
regulations. This approach minimizes the time needed for our Planning Team to become effective answering questions at the Planning Counter regarding Planning application and Environmental Review requirements as well as conducting Project review. This approach ensures cost and time effectiveness of our provision of services to the City and is a foundational principal in our Planning Team's approach as detailed below.

Project Application Processing
The Counter Planning Technician is an important and vital member of the Planning Team. They will be the first person most applicants and public will encounter at the Planning Counter and will be professional, informative, and able to be appropriately empathetic with applicants in the regulatory compliance context. They will be responsible for application intake and project file creation, establishing the project review calendar, including completeness review pursuant to the Permit Streamlining Act (Government Code § 65920 et seq.).

Our team will use the existing submittal forms and advise the City of potential need for updates to keep pace with the many recent changes to Planning and Housing regulations. The Planning Technician will work with the City and 4LEAF management and planners to ensure staff assignments are confirmed for all Planning applications received. Our Planning Technician has confidence in coming up to speed quickly and providing information over the phone, via email, and assisting with project updates to the City website. Being diligent to, taking in and reviewing project applications for applicant notification of commencement of environmental review or a need for additional materials to be submitted for the City to determine the application complete.

The 4LEAF Planning and Environmental team is composed of experienced Supervisors and Senior level project managers, Associate and Assistant Planners, and Planning Technicians. Our Project Case Planners are assigned cases by the Supervisor or Project Manager in coordination with City staff. Project review assignments will be made to our Planning team depending on the complexity of the project and the applicable experience of the Planner assigned. Our project management approach serves to maximize team ability to process applications effectively from compliance and environmental review to design review and decision-maker hearings. This approach also ensures that our Planning Team is assigned the appropriate number of projects suited to their experience and qualifications, thereby realizing cost and time effective management as part of our approach.

H- = -
Work
Planning Review Process
Our Planning team members will come to the City informed by our prior experience processing a range of project types:
from mixed use commercial and residential projects, hotels, commercial, industrial uses, energy permitting and
environmental. Our housing project review experience
includes new, rebuilding, and temporary housing. Our planners understand compliance with a range of new legislation adopted by the Governor since 2017 aimed at addressing the statewide housing shortage at the local level. 4LEAF understands the City is looking for experienced Planning personnel. 4LEAF provides qualified and knowledgeable staff to perform applicant-initiated applications as assigned, including conformance reviews, discretionary case processing, project management, staff report preparation, review of conditions of approval, Proposal to Provide Building, Planning & Fire Services, RFP #24/25-40036, to the City of Santee.

Section E: Consultant Resources

May 16, 2024
and attendance at required meetings for the Planning Commission and City Council.

Our Planning Team provides project review such as:
* 4LEAF will conduct preliminary review of applications during the 30-days of application completeness review pursuant to the Permit Streamlining Act (Government Code Sections 65920, et seq.). * During review of applications, assess project descriptions for CEQA determination whether adequate information is provided to allow an assessment of environmental effects consistent with the in applications for consistency with County requirements and notify the applicant. * Projects deemed to have a complete application, which are not deemed Exempt from CEQA review, shall undergo preparation of the following CEQA documents, consistent with CEQA: Initial Studies (IS), Negative Declarations (ND), Mitigated Negative Declarations (MND), Environmental Impact Reports (EIR). * Tasks may include 4LEAF peer review of Phase I & II Hazardous Substances reports, Stormwater Pollution and Prevention plans (SWPPP), Groundwater, Air Quality monitoring for both the Pianning and Public Works departments.
* Provide responses to public inquiries via telephone, email, mail or in person regarding applications.
* Applicants will be notified of any additional information or studies required to ensure a complete project description is provided prior to the application being deemed complete. * During initiation of project level environmental review, outreach will be conducted to adjacent local and responsible agencies for air quality, water quality, transportation planning, and tribal consultation as warranted.
* Peer review services will be provided by qualified 4LEAF staff and entail reviewing applicant prepared technical studies and tribal consultation letters submitted with project applications when needed.

Depending on the environmental review scope, 4LEAF will partner with qualified experts to provide as needed technical studies.
* 4LEAF will provide ministerial review and usher entitlement reviews through discretionary review by decision makers. This review assesses project applications for the appropriate permits and plan amendments for compliance with the City's General Plan and Housing Element, the Zoning Code, State housing requirements, the Subdivision Map Act, Design Guidelines, and applicable objective design guidelines or specific plan requirements.
* Confer with and provide information to property owners, contractors, developers, engineers, architects, and the public regarding conformance to standards, plans, specifications, and codes. * Prepare staff reports, resolutions, ordinances, and conditions of approval and give oral presentations to the Planning Commission, City Council, and various committees and commissions, and attend evening meetings as required.

Proposal to Provide Building, Planning & Fire Services, RFP #24/25-40036, to the City of Santee.

Section E: Consultant Resources

May 16, 2024
4LEAF. INC
@ Analyze data for economic, social, environmental, and physical factors affecting land use and prepare environmental documents for public review and adoption. * Perform project management duties including the maintenance of the development database and tracking of deadlines, application submittal requirements, and workload while maintaining quality work products, meeting timelines, and staying within budget. * Process and review City permits, Plan Checks, Zoning Clearances, Master Sign Programs, Administrative Permits, Minor and Major Use Permits, Design and Site Review, Variances, Tree Removal Permits, Tentative Maps, Zoning Map Amendments, and General Plan and Development Code Amendments.

Long-Range Planning
Our long-range Planning team helps cities draft General Plans, policies, and programs designed to guide their physical design and development. We have over 30 years of experience preparing housing elements, general plans, specific and area plans, and environmental documents in diverse types of ecological, land use, and socioeconomic settings. Our mission is to provide our clients with high-level professional expertise, leveraging our local experience and diverse team of experts to create a plan that is contextual and implementable, and meets the requirements and needs of the community. Our approach to every project is centered upon the design and development of innovative solutions that respond to our clients' specific needs in a cost-effective manner.

Updating a City's General Plan represents a unique opportunity for a community to update and better define its vision and guiding principles for the future, update policy to meet community needs and State requirements, and create easy-to-use and responsive plans that will help achieve a desired vision and goals. Our Planning team has developed a comprehensive project approach that includes an intimate knowledge of a community's specific political and cultural setting, extensive and inclusive community outreach and engagement, comprehensive planning and community design, integrated environmental review, expert scheduling and budget management, and effective implementation tools.

The team would work with City staff, residents, neighborhood and business groups, developers, and other community stakeholders to help the City achieve its goals. Our long-range Planning Team can:
> Update and implement General Plans, including Housing Elements, Safety Elements > Prepare and update Community Plans and Specific Plans '> Prepare plans for. specific opportunity areas within the City. These plans may focus on economic or employment development, neighborhood design or enhancement, transit, mixed-uses, or a combination > Prepare, update, and implement a City"s Climate Action Plan > Update the Zoning Ordinance to improve the planning process and development standards > Organize community programs and outreach events
Proposal to Provide Building, Planning & Fire Services, RFP #24/25-40036, to the City of Santee.

Section E: Consultant Resources

May 16, 2024
4LEAF. INC.

Housing Planning
4LEAF Planning specializes in advanced and housing planning services, offering comprehensive solutions tailored to meet the evolving needs of communities. With a keen focus on implementing critical programs outlined in the 2023-2031 Housing Element of the General Plan, as well as adhering to the City's Below Market Rate Housing Ordinance, our team is adept at navigating complex regulatory landscapes to ensure successful outcomes. We excel in facilitating both private and public development opportunities, providing invaluable support throughout the entire project lifecycle-from conceptual review and site plan assessment to permit processing and beyond. Drawing upon extensive experience, we seamlessly integrate Department of Housing and Urban Development (HUD) and Department of Housing and Community Development (HCD) policies and regulations into our strategic planning approach. Our meticulous attention to detail extends to reviewing applications for completeness and consistency with local, state, and federal regulations, guaranteeing compliance and mitigating potential challenges. Our Planning Team has the expert guidance and unparalleled expertise in advancing housing initiatives and fostering sustainable community development.

In addition, 4LEAF leads the Napa Sonoma Collaborative, an ABAG-supported technical assistance effort funded by Regional Early Action Planning (REAP) grants. The Collaborative assists 16 jurisdictions in Napa and Somona counties with Housing Element updates and implementation. 4LEAF convenes regional stakeholders, guides fair housing analysis, and delivers presentations on legislative updates and planning to City Councils, Boards of Supervisors, and Planning Commissions (see https://napa-sonoma-collaborative-housinz-connectrincon.hub.arczis.com/).

Environmental Review Services
Our team evaluates the General Plan, Zoning, Subdivision regulations consistency and environmental impacts of private and public development proposals and coordinates with other divisions to ensure compliance with City standards are met with new development. 4LEAF will prepare the Project Description for review by the City and applicant. The Project Description is an important first step in the project as it defines the project for review for Exemption from environmental review, or whether an Initial Study should be prepared. The Initial Study technical analysis will assess the project's potential effects on the environment and existing uses as compared to the existing baseline condition.

The Project Description is an important first step in the project as it defines the project for review in the Initiaf Study. It also provides an important opportunity to revise the project to address environmental issues. The Initial Study technical analysis will assess the potential for the proposed project and the potential effects on the environment and existing uses from the proposed project as compared to the existing baseline condition.

Proposal to Provide Building, Planning & Fire Services, RFP #24/25-40036, to the City of Santee.

Section E: Consultant Resources

May 16, 2024
The purposes of an Initial Study, as detailed in the CEQA Guidelines § 15063(c)(2) (Initial Study) (Purposes), are to ensure:
* Provision to the Lead Agency [City] with information to use as the basis for deciding whether there is ample supportin the public record to support a Negative Declaration (ND) or with mitigation to prepare a Mitigated Negative Declaration (MND).
* Enable an applicant or Lead Agency to modify the project, mitigating adverse impacts and thereby enabling the project to qualify for a ND as detailed in CEQA Guidelines, or * Whether there is evidence in the entire project record that significant environmental effect(s) would result from implementation of the project and that an Environmental Impact Report shall be prepared. 4LEAF has broad experience managing a range of
subconsultants providing technical studies to inform
Environmental Review services for resource areas not provided in-house. These resource areas for example include biological resources, cultural and historic resources, and complex traffic and Vehicle Miles Travelled (VMT) analyses. Our Planning team will coordinate with the City to ensure appropriate subconsultants are identified for each project, either on the City's Qualified Consultant's List or our current partner firms who are qualified to be added to the City's list. 4LEAF"s Planning Team is also experienced preparing both Requests for Proposals and Qualifications for technical planning subconsultants. Our Planning Team provides full environmental compliance services from beginning to completion. This encompasses site visits at project initiation and for monitoring for compliance with approved conditions of project approval and environmenta! mitigation reporting (MMRP), and at the request and authorization by the City.

Project Meeting and Committees
4LEAF recognizes the importance of clear and consistent communication and places a high value on ensuring mutual understanding throughout the project. To achieve this, the 4LEAF team will meet with City staff, including City Councilmembers, Planning & Transportation Commission, Economic Development Advisory Commission, Zonin@ Administrator, Downtown Advisory Committee, various businesses and associations, and other committees necessary throughout the project to refine the scope of work as needed. Our Planning team will facilitate discussions with the City and organizations involved about project goals, potential outreach and engagement techniques, site opportunities and constraints, relevant background information and documents for site conditions, project schedule, and project management protocols. Community concerns relevant to the sites will be discussed, as well as community-based organizations and stakeholders.

Proposal to Provide Building, Planning & Fire Services, RFP #24/25-40036, to the City of Santee.

Section E: Consultant Resources

May 16, 2024
4LEAF. INC
Training
4LEAF planners will assess existing training protocols and manuals currently being utilized by the City and recommend necessary updates based on required legal statutes and best practices, if applicable. Pianning and environmental training opportunities will be scheduled appropriately and on an as-needed basis as updates to the General Plan and Zoning Ordinance or as planning entitlements are being processed for public hearing reviews. 4LEAF anticipates that training to city staff, City Council and Planning Commission will be a customized approach based on timing of these specific updates or individual land use projects of special interest or as the City implements strategic planning goals. As to a broader approach of training efforts, the Project team will recommend and assist with the coordination of training materials, courses, webinars, or conferences that may better familiarize these parties with planning and environmental regulation, laws, and best practices.

Proposal to Provide Building, Planning & Fire Services, RFP #24/25-40036, to the City of Santee.

Section E: Consultant Resources

May 16, 2024

CITY OF SANTEE
Original Agreement
4LEAF, Inc.

Professional Planning Services

EXHIBIT 'B'

SCHEDULE OF CHARGES
15 4LEAF. INC.

CONSTRLICTION MANAGEMENT a PLAN CHECK
INSPECTION s PLANNING ii CODE ENFORCEMENT

FEE SCHEDULE
FY2024-2025 FEE SCHEDULE & BASIS OF CHARGES
For the City of Santee
All Rates are Subject to Basis of Charges
I!Q !,1i(!§i;lKVINi'li KIP ill @II
iuMl'lil (!(m!
Plan Review Percentage: 70%
(Inclusive of all disciplines except Fire and Civil, which are billed on an hourly basis.)
Hourly Plan Review: 5145 Non-Structural Review
S160 Structural Review
Fee includes:
> Initial review and two (2) rechecks.

Hourly charges apply after three (3) or
more rechecks.
> Shipping, courier, and electronic
service.

Building
Chief Building Official
Structural Plan Review Engineer
Non-Structural Plans Examiner
Certified Access Specialist (CASp) Inspector
Certified Access Specialist (CASp) Plans Examiner
Senior Combination Building Inspector (Building Inspector Ill) Commercial Building Inspector (Building Inspectorll)
Residential Building Inspector (Building Inspectorl)
Permit Manager
SeniorPermitTechnician
Permit Technician
Clerk/Administrator.

Civil Plan Review (Grading, Improvement Plans)
Supervisinglnspectorof Record
Inspector of Record.
5180/hour
.5atso/hour
..5+zis/hour
. 5165/hour
5165/hour
.5130/hour
..5115/hour
.§ioo/hour
..5xzo/hour
595/hour
. 585/hour
570/hour
..9175/hour
9159/hour
..5135/hour
Project Management
Project Manager
Principal-in-Charge.
. 5:igo/hour
. !>245/hour
Fire
Fire Protection Engineer(FPE)
Fire Prevention Officer..

Fire Plans Examiner.
5205/hour
5140/hour
.9xas/hour
Proposal to Provide Building, Planning & Fire Services, RFP #24/25-40036, to the City of Santee.

Fee Schedule May 16, 2024
INSPECTION * PLANNING x CODE ENFORCEMENT
Planning
Planning Director
Planning Manager
Senior Planner.............................................

Associate Planner
Assistant Planner..

Planning Technician
§205/hour
..5175/hour
..5160/hour
..5140/hour
..9100/hour
§85/hour
Code Enforcement
Code Enforcement Director
Code Enforcement Manager..

SeniorCode Enforcement Officer.

Code Enforcement Officer II
Code Enforcement Officer I
..5165/hour
...5145/hour
.5115/hour
. 595/hour
585/hour
*Rates will be communicated with the City Management at time of request. Rates will vary based on the qualifications and experience of the personnel. The rates listed in this fee schedule are valid for one (1) year from the effective date of contract.

BASIS OF CHARGES
Rates are inclusive of "tools of the trade" such as forms, telephones, and consumables. * All invoicing will be submitted monthly.
* Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments. * Most plan reviews will be done in 10 business days or less and 5 business days or less for rechecks. This is not inclusive of holidays or the day of the pick-up of plans. * Expeditedreviewswillbebilledatl.5xtheplanreviewfeelistedinthefeeschedule.Returntime will be within seven (7) days of receipt of the plans from the City. @ Plan review of deferred submittals & revisions will be billed at the hourly rates listed. * All plan review services will be subject to a 5305.00 minimum fee if percentage-based fee or 2- hour minimum charge if hourly rates apply.
* Larger complex plan reviews can be negotiated to achieve the best possible pricing. * All plan review services will be subject to 2-hour minimum fee. * Plan review services are billed on a percentage basis & include the initial review and 2 rechecks. a Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case-by-case basis. a Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.
* 4LEAF assumes that these rates reflect the FY2024-2025 contract period. There will be a 3% escalation for FY2025-2026, FY2026-2027
Proposal to Provide Building, Planning & Fire Services, RFP #24/25-40036, to the City of Santee.

Fee Schedule May 16, 2024
PLAN C

PLANNING CODE EN
* Overtime and Premium time will be charged as follows:
a Regular time (work begun after 5AM or before 4PM) 1 x hourly rate Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate Overtime (over 8 hours Sat or lsf8-hourSun) 2 x hourly rate Overtime (over 8 hours Sun or Holidays) 3 x hourly rate * Overtime will only be billed with prior authorization of the Director or other designated City personnel.
* Work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. * Mileage driven during the course of Inspections will be charged at cost plus 20%. @ Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. * Client shall pay attorneys' fees, or other costs incurred in collecting delinquent amounts. * Client agrees that 4LEAF's liability will be limited to the value of services provided. * In accordance with California's Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client-directed tasks or requirements. Client should allow 4LEAF"s non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each workshift.

Proposal to Provide Building, Planning & Fire Services, RFP #24/25-40036, to the City of Santee.

Fee Schedule May 16, 2024
Item 5
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTEE, CALIFORNIA RECEMNG THE 2024 CITY OF SANTEE DEVELOPMENT IMPACT FEE REPORT

AND MAKING CERT AIN FINDINGS BASED ON THAT REPORT PURSUANT TO THE

SANTEE MUNICIPAL CODE AND THE CALIFORNIA GOVERNMENT CODE WHEREAS, in 2019, the City Council adopted Ordinance 565, establishing the current development impact fees (Impact Fees) applicable to new development projects in Santee pursuant to Santee Municipal Code Chapter 12.30; and WHEREAS, in May of 2023, through Ordinance 612, the City Council amended Santee Municipal Code section 12.30.140 to require that the Director of Finance provide the City Council with an annual report regarding the City's Impact Fees and take certain other actions as specified in Section 12.30.140; and
WHEREAS, the Director of Finance has timely prepared and released for public review, not less than 15 days before this regular Santee City Council meeting, the 2024 City of Santee Development Impact Fee Report (Impact Fee Report), attached to this Resolution as Exhibit "A" and incorporated into this Resolution by this reference; and WHEREAS, the Director of Finance has used the Impact Fee Report to prepare the findings for the City Council's consideration and recommended adoption under California Government Code section 66001 (d)(1 ) and (2) as required by Santee Municipal Code section 12.30.140.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santee, California, that the City Council hereby finds, determines, and resolves as Follows:

Section 1. That the Foregoing recitals and determinations are true and correct and are incorporated into this Resolution by this reference.

Section 2. That the City Council, at a public meeting, reviewed the following information as to each of the City's Impact Fees, as reflected in the Impact Fee Report, as required by California Government Code sections 66006(b)(1 ) and (2):
(A) AbriefdescriptionofthetypeoTfeeintheaccountorfund
(Impact Fee Report, Section II);
(B) The amount of the fee (Impact Fee Report, Section Ill and Attachment 8); (C) Thebeginningandendingbalanceoftheaccountorfund(ImpactFee Report, Section II and Attachments 1-7);
(D) Theamountoffeescollectedandtheinterestearned(ImpactFeeReport, Section II and Attachments 1-7);
(E) An identification of each public improvement on which fees were expended and the amount of the expenditure of each improvement, including the total percentage of the cost of the public improvement that was funded with fees (Impact Fee Report, Section Vl and Attachment 9);
(F) An identification of an approximate date by which the construction of the public improvement will commence iT the local agency determines that RESOLUTION NO.
sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in Section 66001(a)(2), and the public improvement remains incomplete (Impact Fee Report, Section Vll); (G) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan (Impact Fee Report, Section Vlll); and (H) The amount of refunds made pursuant to Section 66001(e) and any allocations pursuant to Section 66001(f) (Impact Fee Report, Section Vlll).

Section 3. That the City Council, at a public meeting, has reviewed the following information, as supported by the Impact Fee Report, and hereby makes the following findings for all unexpended funds remaining in the Impact Fee accounts reflected in the Impact Fee Report:
(A) The purpose of each of the City's fees is described in Section II and supported by a financial summary provided in Section II of the Impact Fee Report for each account. In addition, the purpose to which each fee is to be put is described in Santee Municipal Code Chapter 12.30. The City Council finds that those purposes remain valid, appropriate and necessary. (B) There is a demonstrated reasonable relationship between the fee and the purpose for which it is charged. Information supporting this finding is provided in Section II and Sections 1(O) and (E) of the Impact Fee Report and is also established pursuant to Santee Municipal Code sections

12.30.020(8)-(F). The City Council finds that for each Impact Fee there is a reasonable relationship between the Fee and the purpose for which it is charged.
(C) All sources and amounts of funding anticipated to complete financing in incomplete improvements has been identified. Information supporting this finding is reflected in Sections Vl and Vll of the Impact Fee Report and in the City's Capital Improvement Program (CIP), as adopted on June 28, 2023. The City Council finds that it has identified all sources and amount of funding anticipated to complete financing of incomplete improvements and that all remaining balances in the Impact Fee accounts are necessary to complete incomplete improvements as identified in the CIP and in the Impact Fee Report.
(D) Approximate dates on which the funding referred to in subparagraph (C) is expected to be deposited into the appropriate account or fund have been designated. Information supporting this finding is reflected in Sections Vl and Vll or the Impact Fee Report and in the City's Capital Improvement Program, as adopted on June 28, 2023. The City Council finds that all remaining balances in the Impact Fee accounts, as well as other funding sources, are necessary to completing incomplete improvements as identified in the CIP and in the Impact Fee Report.

Section 4. That the City Council hereby determines that all reportable fees, collections and expenditures have been received, deposited, invested and expended in compliance with the relevant sections of the Santee Municipal Code and the California Government Code and all other applicable laws, and that no additional action is required by the City RESOLUTION NO.

Council at this time to retain and expend all Impact Fees in accordance with the Santee Municipal Code, California Government Code and the CIP.

ADOPTED by the City Council of the City of Santee, California, at a Regular Meeting thereof held this 11 'h day of September 2024 by the following roll call vote to wit:

AYES:

NOES:

ABSENT:

APPROVED:

JOHN W. MINTO, MAYOR
ATTEST:

JAMES JEFFRIES, INTERIM CITY CLERK
Exhibit "A": 2024 City of Santee Development Impact Fee Report

CITY OF SANTEE

DEVELOPMENT IMPACT

FEE REPORT
2024
I. INTRODUCTION
This report is provided in satisfaction of California's Assembly Bill 1600, which was adopted in 1987 and codified as the Mitigation Fee Act at California Government Code Section 66000 et. seq., and allows the City of Santee to impose Development Impact Fees on new development within the City. Development Impact Fees (DIFs) are a one-time charge on new development that is collected and used by the City in strict compliance with applicable laws and regulations to cover the cost of capital facilities, vehicles, and equipment that are required to serve new growth.

In addition to the requirements defined and addressed below, DIFs are subject to a two-part test under federal law, referred to as the "Nollan/Dolan" Test. First, DIFs must have an essential nexus to the City's land-use interest, meaning that DIFs must be designed to mitigate an impact of the development projects subject to the DIF on City services and/or facilities. Second, DIFs must be roughly proportionate to the impact it is designed to mitigate, meaning that a landowner cannot be made to pay more than is necessary to mitigate the harms resulting from the development.

The following information is provided in adherence to the Mitigation Fee Act, the NollanfDolan Test, and the laws and regulations highlighted in Section II, including the Santee Municipal Code and the Santee Capital Improvement Program. It has been made available to the public at least 15 days prior to consideration by Council in accordance with applicable statutes.

The Santee City Council is anticipated to consider the following information and findings at its regular City Council meeting on September 11, 2024, or at a subsequent regularly scheduled meeting.

II. LEGAL REQUIREMENTS FOR SANTEE IMPACT FEE REPORTING
A. SANTEE MUNICIPAL CODE REQUIREMENTS
In 2019, through Ordinance 565, the Santee City Council adopted a comprehensive Development Impact Fees and Dedication Ordinance (Impact Fee Ordinance). In May 2023, through Ordinance 612, Council amended the Impact Fee Ordinance to require the Director of Finance to annually prepare, make available to the public, and present to City Council a detailed report and findings with respect to development impact fees collected and spent by the City of Santee as also required by California's Mitigation Fee Act and, specifically, Government Code sections 66006(b)(1). The Impact Fee Ordinance, as amended, is found in the Santee Municipal Code at Chapter 12.30.

B. ANNUAL REPORT: CALIFORNIA GOVERNMENT CODE SECTION
66006(b) REQUIREMENTS
Local agencies that impose a fee to provide for an improvement to be constructed to serve a development project or in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project (Impact

1. A brief description of the type of fee in the fund;

2. The amount of the Impact Fee;
2' § 66006(c)
3 § 66006(a) § 6606(b)(1)

3. The beginning and ending balance of the account or fund;

4. The amount of the Impact Fees collected and the interest earned;

5. An identification of each public improvement on which Impact Fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with Impact Fees;

6. An identification of an approximate date by which the construction of the public improvei'nent will commence if the local agency determines that sufficient fuiids have been collected to complete financing on an incomplete public improvement;

7. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan; and

8. The amount of refunds made due to insufficient funds being collected to complete financing on incomplete public improvements, and the amount of reallocation of funds made due to administrative costs of refunding unexpended revenues exceeding the amount to be refunded.

C. FIVE-YEAR REPORT: CALIFORNIA GOVERNMENT CODE SECTION 66001(d) REQUIREMENTS
In addition to the foregoing annual report, every five years the local agency must make specific findings with respect any portion of each capital facilities fund that has not yet been spent, whether they are committed or uncommitted." The required findings must:

1. Identify the purpose to which the Impact Fee is to be put;

2. Demonstrate a reasonable relationship between the Impact Fee and purpose for which it is charged;

3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements; and

4. Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.

D. EIGHT-YEAR NEXUS STUDY: CALIFORNIA GOVERNMENT CODE
SECTION 66016.5 REQUIREMENTS
Santee is working with a qualified consultant to finalize a Comprehensive Development Impact Fee Study. The study is being prepared in accordance with Mitigation Fee Act, as amended by Assembly Bill 602, and SMC § 12.30.140, which call for a recurring impact fee nexus study "at least once every eight years, from the period beginning on January 1, 2022."5. It is anticipated that this revised impact fee study will be presented to the Santee City Council for consideration before the end of calendar year 2024.

E. SANTEE CAPITAI, IMPROVEMENT PROGRAM
Every two years, the City of Santee adopts a Capital Improvement Program (CIP) to augment its collection of Impact Fees and annually appropriates funds to implement the CIP.6 The CIP describes the approximate location, size and timing of the City's planned capital projects and " § 66001(d)
65 §66016.5(a)(8); SMC § 12.30.140(C). §60002
provides estiinates of the cost of all facilities or improvements to be financed by Impact Fees. The City's current CIP was adopted on June 28, 2023, and is incorporated into this repoit by this reference. It can be found at the following link:

Iittps://www.cityofsanteeca.gov/departinents/finance/fii'iancial-reports-city-budget III. DESCRIPTION AND PURPOSE OF SANTEE IMPACT FEES
Santee collects Impact Fees from new development that have an essential nexus to the City's land-use interests and are roughly proportional to the impact of the development project.

The Impact Fees are designed to mitigate an impact of the development project on City services, and/or facilities in proportion to the impact they are designed to mitigate. The categories of Impact Fees currently collected by the City are: Public Facilities Fee, Traffic Signal Fee, Traffic Mitigation Fee, Drainage Fee, Park In-Lieu Fee, and a Regional Transportation Congestion Improvement Program Fee. Fees collected for each of these categories are segregated and maintained in separate accounts until expended pursuant the requirements of each Impact Fee.

They are never commingled.

A statement of fund balances for by category for the fiscal year ending June 30, 2024 is included at Attachment 1. In addition, a brief description of each Impact Fee category collected by Santee is as follows::

Public Facilities Fee - A Public Facilities Fee is collected from new development and maintained in the Public Facilities Fund for the installation of passive and active park facilities and for the construction of a 65,000 square feet of community building. A financial summary report for the Public Facilities Fund is contained in Attachment 2. All amounts in the Public Facilities Fund are currently committed to the design and construction of the Community Center Project and the design and construction of the Big Rock Park Restrooms Improvements, as reflected in the CIP.

Anticipated dates on which the funding is expected to be received and deposited into the fund are also reflected in the CIP.

Traffic Signal Fee - A Traffic Signal Fee is collected from new development for the installation of new traffic signals, the need and locations for which have been identified and are included in the City's traffic signal needs list. Traffic Signal Fees that are collected from new development projects are maintained in the Traffic Signal Fund. A financial summary report for the Traffic Signal Fund is contained in Attachment 3. Available amounts in the Traffic Signal Fund are programmed in the CIP.

Traffic Mitigation Fee - A Traffic Mitigation Fee is collected from new development for the installation of needed improvements identified in the Circulation Element of the City's General Plan.

Traffic Mitigation Fees collected from new development projects are deposited in the Traffic Mitigation Fund. A financial summary report for the Traffic Mitigation Fund is contained in Attachment 4. Available amounts in the Traffic Mitigation Fund are programmed in the CIP.

Drainage Fee - A Drainage Fee is collected from new development for the installation of needed drainage improvements identified in the City's latest master drainage facility study.

Drainage Fees collected from new development projects are maintained in the Drainage Fund. A financial summary report for the Drainage Fund is contained in Attachment 5. Available amounts in the Drainage Fund are programmed in the CIP.

Park In-Lieu Fee - A Park In-Lieu Fee is collected from new development for the acquisition and development of park facilities. Park In-Lieu Fees collected from new development projects are maintained in the Park In-Lieu Fund. A financial summaty report for the Park In-Lieu Fund is contained in Attachment 6. Available amounts in the Park In-Lieu Fund are programmed in the CIP.

Regional Transportation Congestion Improvements Program (RTCIP) Fee - The RTCIP Fee is collected from new development for the installation of improvements to the Regional Arterial System. RTCIP Fees collected from new development projects are maintained in the Regional Transpoitation Congestion Improvements Fund. A financial summary report of the Regional Transportation Congestion Improvements Fund is contained in Attachment 7. Available amounts in the Regional Transportation Congestion Improvements Fund are prograi'nmed in the CIP in accordance with the requirements of the Regional Transportation Plan adopted by the San Diego Association of Governments.

IV. AMOUNT OF EACH IMP ACT FEE (FEE SCHEDULE)
Santee Impact Fees are automatically adjusted for inflation on July 1 of each year.7 The current fee amounts are reflected in the FY 23-24 Development Impact Fee Schedule provided at Attachment 9 to tliis repoit.

V. BEGINNING AND ENDING BALANCE OF EACH FUND
The fiscal year beginning and ending balances of each Impact Fee fund are reflected in Attachment 1, with added detail for each individual fund included in Attachments 2-7 as stated above.

VI. THE AMOUNT OF FEES COLLECTED AND THE INTEREST EARNED The amount of fees collected and deposited into each fund in Fiscal Year 2023-24, including the interest earned, are also reflected in Attachment 1. Fees collected and interest earned by fund between Fiscal Year 2018/19 and the present are reflected in Attachments 2-7.

Fees identified for Fiscal Year 2023-2024 have not yet been audited and, therefore, are still subject to change.

VII. PUBLIC IMPROVEMENTS ON WHICH FEES WERE EXPENDED
All public improvements paid for in whole or in part by Impact Fees in Fiscal Year 2023- 24 are reflected in Attachment 8.

VIII. PUBLIC IMPROVEMENT CONSTRUCTION DATES
Anticipated dates for the commencement of construction of public improvements funded by Impact Fees are set forth in the CIP.

IX. INTERFUND TRANSFERS AND REFUNDS
There were no interfund transfers or refunds in Fiscal Year 2023-24.

X. CONCLUSION
This report has been prepared by the Director of Finance in accordance with Santee Municipal Code section 12.30.140. This report will be available for public review for at least fifteen (15) days prior to its presentation to the Santee City Council, which is anticipated to occur at its regular meeting on September 11, 2024.
' SMC § 12.30.50

ATT ACHMENTS

CITY OF SANTEE
Financial Summary Report
Development Impact Fees
Statement of Revenues, Expenditures and Changes in Fund Balance For the Year Ended June 30, 2024 (Unaudited)
Revenues:

Development Impact Fee
Interest earnings
Total Revenue
Public Traffic
Facilities Signal
Traffic
Mitigation Drainage
Park
in-Lieu
S 1,607,997 S
118,336
1,726,333
160,787 S 1,093,866 S
3,949 65,137
164,736 1,159,003
314,800 S 1,650,750 S
20,130 52,594
334,930 1,703,344
RTCIP
202,666
43,891
246,557
Expenditures:

Transfers Out to Capital Projects
Total Expenditures and Tranfers Out
184,636
184,636
22,028 627,all
22,028 627,011
(9,529)
(9,529)
19,815
19,815
REVENuES OVER (UNDER)

EXPENDITURES
Fund balance, beginning of year
Fund balance, end of year
1,541,697 142,708 531,992 334,930 1,712,873 226,742
7,221,087 206,060 3,622,287 1,164,457 3,182,769 2,755,592 S 8,762,784 S 348,768 S 4,154,279 S 1,499,388 ', 4,895,641 ', 2,982,334 Attachment 1

CITY OF SANTEE
Financial Summary Report
Development Impact Fee - Public Facility
Statement of Revenues, Expenditures and Changes in Fund Balance - Five Year Presentation Description
Revenues:

Development Impact Fee
Interest earnings
Total Revenue
(estimate)
FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24
S 1,168,805 S 841,765 S 1,139,192 S 550,269 S 1,607,997 124,064 5,735 (107,143) 109,600 118,336
1,292,869 847,500 1,032,049 659,869 1,726,333
Expenditures:

Transfers Out to Capital Projects
Total Expenditures and Tranfers Out
2,956,955
2,956,955
2,791
2,791
32,382 184,636
32,382 184,636

REVENUES OVER (UNDER)

EXPENDITURES
Fund balance, beginning of year
Fund balance, end of year
(1,664,086) 844,709
6,380,928 4,716,842
S 4,716,842 S 5,561,551
1,032,049 627,487 1,541,697
5,561,551 6,593,600 7,221,087
5 6,593,600 S 7,221,087 ';, 8,762,785
Available revenue currentfiscal year
Available revenue prior fiscal year (2-yr old funds)
Available revenue prior fisca) year (3-yr old funds)
Available revenue prior fiscal year (4-yr old funds)
Available revenue prior fiscal year (5-yr old funds)
Available revenue greater than five prior fiscal years
Total Revenue Available
S 1,292,869 S 847,500
842,029 1,292,869
2,581,944 842,029
2,579,153
S 1,032,049
847,500
1 ,292,869
842,029
2,579,153
S 659,869
1,032,049
847,500
1 ,292,869
842,029
2,546,771
S 1,726,333
659,869
1,032,049
847,500
1,292,869
3,204,165
S 4,716,842 S 5,561,551 S 6,593,600 S 7,221,087 S 8,762,785 Public Facilities Development Impact Fee fund reports money being held past the fifth year of first deposit. The City intends to build a Community Center with consruction expected to start in FY 2025-26. The City is accumulating funds for the cost of the facility.

Attachment 2

CITY OF SANTEE
Financial Summary Report
Development Impact Fee - Traffic Signal
Statement of Revenues, Expenditures and Changes in Fund Balance - Five Year Presentation Description
Revenues:

Development Impact Fee
Interest earnings
Total Revenue
(estimate)
FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24
S 43,856 S 44,996 S 71,494 S 50,703 S 160,787
21,678 80 (8,833) 12,162 3,949
65,534 45,076 62,661 62,865 164,736
Expenditures:

Transfers Out to Capital Projects
Total Expenditures and Tranfers Out
299
299
12,007 307,824 453,070
12,007 307,824 453,070
22,028
22,028

REVENUES OVER (UNDER)

EXPENDITURES
Fund balance, beginning of year
Fund balance, end of year
65,235 33,069 (245,163) (390,205) 142,708
743,124 808,359 841,428 596,265 206,060
S 808,359 S 841,428 S 596,265 S 206,060 S 348,768
Availab(e revenue current fiscal year
Available revenue prior fiscal year (2-yr old funds)
Available revenue prior fiscal year (3-yr old funds)
Available revenue prior fiscal year (4-yr old funds)
Available revenue prior fiscal year (5-yr old funds)
Available revenue greater than five prior fiscal years
Total Revenue Available
S 65,534 S
109,692
168,645
30,193
15,801
418,494
45,076 S
65,534
109,692
168,645
30,193
422,288
62}661 S
45,076
65,534
109,692
168,645
144,657
62i865 S
62,661
45,076
35,458
164,736
62,865
62,661
45,076
13,430
S 808,359 S 841,428 S 596,265 S 206,060 S 348,768
Attachment 3

CITY OF SANTEE
Financial Summary Report
Development Impact Fee - Traffic Mitigation
Statement of Revenues, Expenditures and Changes in Fund Balance - Five Year Presentation Description
Revenues:

Development Impact Fee
Interest earnings
Total Revenue
(estimate)
FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24
S 326,597 S 497,961 S 380,592 S 577,731 S 1,093,866
70,244 1,848 (49,489) 48,855 65,137
396,841 499,809 331,103 626,586 1,159,003
Expenditures:

Transfers Out to Capital Projects
Total Expenditures and Tranfers Out
90,114 132,133 251,960
90,114 132,133 251,960
53,152 627,011
53,152 627,011

REVENUES OVER (UNDER)

EXPENDITURES
Fund balance, beginning of year
Fund balance, end of year
306,727 367,676
2,295,308
S 2,602,035
2,602,035
S 2,969,711
79,143
2,969,711
S 3,048,854
573,433
3,048,854
S 3,622,287
531,992
3,622,287
5 4,154,279
Available revenue current fiscal year
Available revenue prior fiscal year (2-yr old funds)
Available revenue prior fiscal year (3-yr old funds)
Available revenue prior fiscal year (4-yr old funds)
Available revenue prior fiscal year (5-yr old funds)
Available revenue greater than five prior fiscal years
Total Revenue Available
S 396,841
722,255
1,482,939
S 499,809
396,841
722,255
1,350,806
S 331,103
499,809
396,841
722,255
1,098,846
S 626,586
331,103
499,809
396,841
722,255
1,045,693
S 1,159,003
626,586
331,103
499,809
396,841
1,140,937
S 2,602,035 S 2,969,711 S 3,048,854 S 3,622,287 S 4,154,279 Traffic Mitigation Development Impact Fee fund reports money being held past the fifth year of first deposit. The City intends to future projects identified in the CIP that show as unfunded.

Attachment 4

CITY OF SANTEE
Financial Summary Report
Development Impact Fee - Drainage
Statement of Revenues, Expenditures and Changes in Fund Balance - Five Year Presentation Description
Revenues:

Development Impact Fee
Interest earnings
Total Revenue
(estimate)
FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24
S 423,245 S
71,591
494,836
428,864 S
212
429,076
283,912 S
(19,426]
264,486
155,689 S 314,800
15,032 20,130
170,722 334,930
Expenditures:

Transfers Out to Capital Projects
Total Expenditures and Tranfers Out
236,661 299,942
236,661 299,942
2,048,216
2,048,216
2,567
2,567

REVENUES OVER (UNDER)

EXPENDITURES
Fund balance, beginning of year
Fund balance, end of year
258,175
2,392,724
S 2,650,899
129,134 (1,783,730)
2,650,899
S 2,780,033
2,780,033
S 996,303
168,155
996,303
S 1,164,458
334,930
1,164,458
S 1,499,388
Available revenue current fiscal year
Available revenue prior fiscal year [2-yr old funds)
Available revenue prior fiscal year (3-yr old funds)
Available revenue prior fiscal year (4-yr old funds)
Available revenue prior fiscal year (5-yr old funds)
Available revenue greater than five prior fiscal years
Total Revenue Available
S 494,836 S 429,076 S
515,366 494,836
1 ,189,023 515,366
230,292 1,189,023
221,382 151,732
264,486 S
429,076
302,741
170,722 S
264,486
429,076
30D,174
334,930
170,722
264,486
429,076
300,174
S 2,650,899 S 2,780,033 S 996,303 S 1,164,458 S 1,499,388 Attachment 5

CITY OF SANTEE
Financial Summary Report
Development Impact Fee - Park in Lieu
Statement of Revenues, Expenditures and Changes in Fund Balance - Five Year Presentation Description
Revenues:

Development Impact Fee
Interest earnings
Tota Revenue
(estimate)
FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24
S 2,296,473 S
62,043
2,358,516
811,129 S
5,055
816,184
472,666 S 965,509
(39,835) 37,916
432,831 1,003,425
S 1,650,750
52,594
1,703,344
Expenditures:

Transfers Out to Capital Projects
Total Expenditures and Tranfers Out
216,812
216,812
17,364
17,364
1,301,883
1,301,883
456,557
456,557
(9,529)
(9,529)

REVENUES OVER (UNDER)

EXPENDITURES
Fund balance, beginning of year
Fund balance, end of year
2,141,704 798,820
564,428 2,706,132
5 2,706,132 6 3,504,952
(869,052) 546,868 1,712,873
3,504,952 2,635,900 3,182,768
5 2,635,900 S 3,182,768 5 4,895,641
Available revenue current fiscal year
Available revenue prior fiscal year (2-yr old funds)
Available revenue prior fiscal year (3-yr old funds)
Available revenue prior fiscal year (4-yr old funds)
Available revenue prior fiscal year (5-yr old funds)
Available revenue greater than five prior fiscal years
Total Revenue Available
S 2,358,516
122,087
225,529
5 8161184 S 432,831
2,358,516 816,184
122,087 1,386,885
208,165
S 1,003,425
432,831
816,184
gto,azs
S 1,703,344
1,003,425
432,831
816,184
939,857
S 2,706,132 S 3,504,952 S 2,635,900 S 3,182,768 S 4,895,641 Attachment 6
ClTf OF SANTEE
Financial Summary Report
Development Impact Fee - Reginal Transportation Congestion Improvements Program (RTCIP) Statement of Revenues, Expenditures and Changes in Fund Balance - Five Year Presentation Description
Revenues:

Development Impact Fee
Interest earnings
Total Revenue
(estimate)
FY 201')/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 203/24
S 672,284 S
54,147
726,431
258,687 S
1 ,103
2 59,790
301,308 S
(41,244)
260,064
323,753 S 202,666
40,448 43,891
364,201 246,557
Expenditures:

Transfers Out to Capital Projects
Total Expenditures and Tranfers Out
80,198
80,198
39,019
39,019
98,752
98,752
96,387
96,387
19,815
19,815

REVENUES OVER (UNDER)

EXPENDITURES
Fund balance, beginning of year
Fund ba(ance, end of year
646,233 220,771
1,459,462
S 2,105,695
2,105,695
S 2,326,466
161,312
2,326,466
S 2,487,778
267,814
2,487,778
S 2,755,592
226,742
2,755,592
S 2,982,334
Available revenue current fiscal year
Available revenue prior fiscal year (2-yr old funds)
Available revenue prior fiscal year (3-yr old funds)
Available revenue prior fiscal year (4-yr old funds)
Available revenue prior fiscal year (5-yr old funds)
Available revenue greater than five prior fiscal years
Total Revenue Available
S 726,431
296,094
1,083,170
5 259,790 S
726,431
296,094
1,044,151
260,064 S
259,790
726,431
296,094
945,399
364,201
260,064
259,790
726,431
296,094
849,012
S 246,557
364,201
260,064
259,790
726,431
1,125,291
5 2,105,695 S 2,326,466 S 2,487,778 5 2,755,592 S 2,982,334 Traffic Mitigation Devefopment Impact Fee fund reports money being held past the fifth year of first deposit. The City intends to future projects identified in the CIP that show as unfunded.

Attachment 7
Development Impact Fees
Budget to
6/30/2024
Fiscal Year
2024
Expenditures
Project to date
Expenditures
Estimated %
of project
funded with
Project name Project Phase Fees
Estimated Project
Commencement"'
Llpdated
Estimated Project
Commencement
Estimated
Completion Date
Estimated DIF
Project Cost
Public Facilities
Community CenterR'
Big Rock Park Improvements'a
Active
Planned
Traffic Signal
Magnolia Ave Traffic Signal U pgrades
Traffic Signal and Communications Upgrades'a'
Traffic Signal Mod - Carlton Oaks at Wethersfield
Traffic Signal Mod - Mast Blvd at Carlton Hills
Smart Traffic Signals
Complete
Planned
Planned
Planned
Planned
Traffic Mitigation
Cuyamaca RightTurn Lanes at Mission Gorge Active
Prospect Ave/Mesa Road Improvements Active
Graves Avenue Street Improvements Planned
Median Mod - Mission Gorge at Market Placep' Planned
TrafficSignalandCommunicationsUpgrade" Planned
City of Santee
Development Impact Fee Project Identification
As of June 30, 2024
2018
2028
2027
2028
S 10,495,405 S 495,405 S 184,636 S 277,369
388,500
S 10,883,905 S 495,405 S 184,636 S 277,369
50%
50%
2022
2024
2028
2027
2028
2025
2024
2026
2028
2027
2028
816,300
196,000
489,000
219,500
S 22,028 S 22,028 S 815,136
gso,ooo
S 2,670,800 S 22,028 S 22,028 S 815,136
2020
2020
2025
2024
2024
2026
2025
2024
2024
2028
2025
2026
',, aog,oyg
784,494
5,943,000
560,000
S 409,079 S
784,494
(9,463) S 409,079
636,475 715,439
1,635,000
S 9,331,573 S 1,193,573 S 627,011 S 1,124,518
Attachment 8
Development Impact Fees
Project name Project Phase
Estimated Project
Commencement"
Updated
Estimated Project
Commencement
Estimated
Completion Date
Estimated DIF
Project Cost
Budget to
6/30/2024
Fiscal Year
2024
Expenditures
Project to date
Expenditures
Estimated %
of project
funded with
Fees
Drainage
CMP Lining and Rehab Program 2023 Active 2022 2025 S 715,045 S 715,046 S 44% CMP Storm Drain Replacement Program Planned 2025 2028 7,476,178 S 8,191,224 S 715,046 S S
91%
Park in Lieu
Community Center Active 2022 2027 (,, 5,848,000 S 778,000 5 (26,028) 5 778,000 28% General Park Improvements Complete 2024 2025 16,500 16,500 16,499 16,499 200% Synthetic Turf Replacement Active 2024 2025 88,500 88,500 100% Big Park Improvements'a Planned 2028 2028 388,500
S 6,341,500 S 883,000 5 (9,5zg) S 794,499
50%
Regional Transportation Congestion Improvement Program (RTCIP) Cuyamaca Right Turn Lanes at Mission Gorge Active 2024 2024 1,119,780 64% Magnolia Ave Traffic Signal Upgrades Complete 2022 2024 S 215,400 S 215,400 S 9,527 S 202,808 21% Broadband Infrastructure Improvements Active 2024 2025 163,000 163,000 1,000 1,000 13% Smart Traffic Lights Active 2024 2025 1,097,816 1,097,816 9,288 9,288 94% Traffic Signal and Communications Llpgrades'a' Planned 2024 2025 2026 48,000 S 1,524,216
48,000
S 1,524,216 S '19,815 S 213,096
Total Project Funding 5 40,062,998 9 4,833,269 S 843,961 5 3,224,618 (1) For the purposes of this report, project "commencement" references the planning and design stages of the project. The construction of the project follows (2) The amount approved by City Council for the Community Center is listed in the CIP budget at S21,000,000. It has been determined, but not formally authorized by City Council, that the cost of the Community Center will be S24,000,000. The amount listed in this report is 921,000,000 which is the latest authorized amount. (3) Delays to these projects are due to workload and staffinginequities in the Engineering department. (4) This project is listed as "Big Rock Restroom Improvements" in the CIP budget. For the presentation in this report, "Restroom" has been removed to capture the intent of the project.

Attachment 8

CITY OF SANTEE
Financial Summary Report
Development Impact Fees
Development Impact Fee Schedule
For the Year Ended June 30, 2025
Land Use Category
DIF per Residential Unit
Single Family
HL
Rl
RIA
R2
Multi-family
Mobile 'Homes
Public Traffic
Facilities Signal
Traffic
Mitigation Drainage
S 8,390.00 S 487.00 S 4,721.00 S
7,564.00 305.00 2,951.00
5,775.00
4,526.00
4,134.00
3,7 48.00
2,562.00
Park
in-Lieu RTCIP
', 10,099.00 S 2,875.06
9,208.00
5,044.00
2,875.06
DIF per 1,000 Square Feet of Structure
Office
Commercial
Industrial
Fees presented above were effectrveJuly 1, 2024
487.00
1 ,627.00
2 04.00
3,023.00
io,ogo.oo
1,262.00
1,507.00
1,507.00
1,507.00
Attachment 9
Item 6
Staff Report

CONSIDERATION OF AN URGENCY INTERIM ORDINANCE ESTABLISHING A MORATORIUM PURSUANT TO GOVERNMENT CODE SECTION 65858 TO

PROHIBIT NEW CAR WASH FACILITIES UNTIL APPROPRIATE INFORMATION

CAN BE GATHERED AND ASSESSED
At its March 27, 2024, meeting, City Council requested the opportunity to consider a moratorium on new car wash facilities to gather and assess information about their impacts and inform Council’s ability to best protect the public’s safety, health, and welfare when making land use decisions. Topics mentioned for consideration by Council include the appropriate number and location of car washes related to a city size and population, the ideal distance between car washes, a car wash’s impact on traffic, parking and surrounding businesses, and a car wash’s water usage. Council suggested that a moratorium on new car wash facilities might be appropriate to allow Council the opportunity to gather and study the requested information.

This agenda item is intended to allow Council the opportunity to specify the information it would like to receive and to consider whether a moratorium on new car wash facilities is required to protect the public safety, health and welfare while that information is assimilated and, if so, to adopt the proposed urgency interim ordinance.

California law allows a city, for the purpose of protecting the public safety, health, and welfare, to “adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal” that council “is considering or studying or intends to study within a reasonable time.” (Government Code § 65858(c)). Such a measure requires a four-fifths vote for adoption and the ordinance must contain legislative findings that:

1. There is a current and immediate threat to the public health, safety or welfare; and

2. The approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use that is required in order to comply with a zoning ordinance would result in that threat to public health, safety or welfare.
(California Government Code § 65858(c)).

An urgency interim ordinance can remain in place for 45 days. Thereafter, the ordinance can be extended, following notice and a public hearing, up to two times. The first extension can be adopted for a period of up to an additional 10 months and 15 days. A second, and final, extension can be imposed for up to a maximum of one additional year. Each extension must also be approved by four-fifths of the Council. If the urgency interim ordinance is adopted, ten days prior 2 to its expiration Council must issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the ordinance.

Table 13.12.030A of the Santee Municipal Code at section 10(d) specifies that car wash facilities are prohibited in the Office/Professional zoning district, require a minor conditional use permit in the Neighborhood Commercial zoning district, and require a conditional use permit in the General Commercial zoning district. As shown in Table 13.14.030A at (C)(6)(d), car wash facilities are permitted in the Light Industrial and General Industrial zoning district.

At this time in the City of Santee, there are four operating car washes, two car washes under construction, and two car washes that have recently received permits to operate. In addition, there are five licensed mobile car detailing businesses. No car wash applications are currently pending.

Council’s direction is requested with respect to the type of information it would like to receive regarding car wash facilities and who it would like to prepare and present the information, regardless of whether a moratorium is imposed.

To move forward with a 45 day urgency interim ordinance, Council must:

1. Define the “current and immediate” threat to the public’s health, safety;

2. Confirm how consideration of a new car wash facility will result in that threat; and

3. Identify the type of study to be conducted during the moratorium, who would conduct the study, and the type of report or recommendations Council would find informative.

If the urgency interim ordinance is found to be necessary and is adopted on September 11, 2024, it would remain in place through Saturday, October 26. If the ordinance is not extended at a noticed, public hearing, the requisite written report describing the measures taken to alleviate the conditions that led to the adoption of the ordinance will be due on Wednesday, October 16, 2024.

Council’s regular meetings in October are scheduled for Wednesday October 9, 2024, and Wednesday, October 23, 2024.

If the ordinance is adopted on September 11, 2024, in an abundance of caution, staff can publish notice of a hearing to extend the ordinance at the October 9, 2024, meeting if so directed. At that time, further findings and another four-fifths vote will be required to extend the ordinance.

ORDINANCE NO. _____
1 AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SANTEE, CALIFORNIA, ESTABLISHING A MORATORIUM
PURSUANT TO GOVERNMENT CODE SECTION 65858 TO PROHIBIT

NEW CAR WASH FACILITIES UNTIL APPROPRIATE INFORMATION

CAN BE GATHERED AND ASSESSED
WHEREAS, to protect the public safety, health, and welfare, California Government Code section 65858 authorizes the legislative body of a city to adopt as an urgency measure an interim ordinance prohibiting any land uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body is considering or studying or intends to study within a reasonable time, without following the procedures otherwise required for adopting a zoning ordinance; WHEREAS, the Santee Municipal Code prohibits car wash facilities in the Office/Professional zoning district, requires a minor conditional use permit for car wash facilities in the Neighborhood Commercial zoning district, requires a conditional use permit for car wash facilities in the General Commercial zoning district, and permits car wash facilities in the Light Industrial and General Industrial zoning districts; WHEREAS, there are currently four operating car washes, two car washes under construction, and two recently approved car washes in the City of Santee; WHEREAS, five mobile car detailing businesses are licensed by the City; WHEREAS, the City has no development standards specific to car wash facilities, has not studied the impacts of car washes in general, at specific locations, or in proximity to each other or residential areas, and has not determined whether the locations and regulation of such uses are consistent with the purpose and intent of the Santee Municipal Code or goals of the General Plan, or ensure compatibility with other land uses;
WHEREAS, as a result of the foregoing, City Council is concerned that until such information is obtained and standards can be considered, the proliferation of car wash facilities poses a current and immediate threat to the public’s health, safety, or welfare and that approval of new car wash facilities will result in the manifestation of that threat to the public’s health, safety, or welfare;
WHEREAS, City Council wishes to immediately undertake a study of the availability, accessibility, and impacts on traffic, safety, and noise that car wash facilities and their locations pose and whether changes to Santee’s Zoning Code are called for, before considering another new car wash facility;
WHEREAS, approval of an urgency interim measure placing a moratorium on new car wash facilities requires a four-fifths vote of the legislative body; and ORDINANCE NO. _____
2 WHEREAS, an urgency ordinance may remain in effect for no more than fortyfive (45) days from the date of adoption without further findings and action by the legislative body at a noticed public hearing;
THE CITY COUNCIL OF THE CITY OF SANTEE DOES ORDAIN AS FOLLOWS:

SECTION 1. There is hereby established a forty-five (45) day moratorium on the City’s approval of new car wash facilities in the City for the immediate preservation of the public health, safety and welfare.

SECTION 2. City Council finds that this urgency interim ordinance is necessary for the immediate preservation of public health, safety, and welfare in order to protect residents and local businesses from inconsistent or undue traffic, safety and noise impacts resulting from the lack of considered development standards, and further finds that:

A. The proliferation of car wash facilities in the absence of information about such uses in general presents a current and immediate threat to the public health, safety and welfare in that the demand for and impacts of the number and location of such businesses as a whole are unknown at this time.

B. To allow the approval of land use entitlements for the development of such businesses while the City studies and considers development standards or amendments to its Municipal Code, could result in inconsistent land uses and policies that would be harmful to the public health, safety and welfare.

C. Without this urgency interim ordinance, the City would be without appropriate regulations to properly address the impacts of a car wash facility at various locations or set appropriate conditions of approval, if any, pending the outcome of the study.

D. The absence of this urgency interim ordinance would create a serious threat to the orderly and effective implementation of the City’s Municipal Code or may be in conflict with or frustrate contemplated or necessary updates and revisions to the City’s Municipal Code;
SECTION 3. During this moratorium, the City will obtain and study information about car wash facilities and their numbers, locations, and impacts on a city based on its population or geographic size, on traffic, safety, and noise, and how their uses align with the City’s General Plan and Municipal Code objectives.

SECTION 4. City Council hereby enacts this interim urgency ordinance by not less than a four-fifths vote, and in light of the findings set forth herein, under the authority granted to it by Article XI, Section 7 of the California Constitution and Section 65858(a) of the California Government Code to protect public safety, health, and ORDINANCE NO. _____
3 welfare, prohibiting any uses that may be in conflict this ordinance and the issues City Council intends to immediately begin to study.

SECTION 5. City Council finds that this ordinance is not subject to the California Environmental Quality Act because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and because it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment (Sections 15060(c)(2) and (3)).

SECTION 6. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 7. This ordinance shall become effective immediately upon adoption if adopted by at least a four-fifths vote of the City Council and shall be in effect for fortyfive days from the date of adoption unless extended by Council in accordance with Government Code Section 65858.

SECTION 8. The City Clerk shall certify to the passage of this ordinance and cause the same or a summary thereof to be published within fifteen (15) days after adoption in a newspaper of general circulation, printed and published in Santee, California.

ADOPTED as an urgency interim ordinance in accordance with Government Code section 65858 at a Regular Meeting of the City Council held on this 11th day of September 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

APPROVED

JOHN MINTO, MAYOR
ATTEST

JAMES JEFFRIES, INTERIM CITY CLERK
Santee Car Wash
8842 Fanita Drive
Car Wash (Shell Gas Station)
7757 Mission Gorge Road
Soapy Joe’s Car Wash
9015 Mission Gorge Road
Soapy Joe’s Car Wash
8617 Cuyamaca Street
Car Wash (Santee Auto Center)
10449 Mission Gorge Road
Super Star Car Wash
8837 Magnolia Avenue
Magnolia Car K-Kar Center
8931 Magnolia Avenue
Five Star Express Car Wash
10055 Mission Gorge Road
Under Construction
Entitlement Approved
Existing
Car Wash Facilities Map
September 11, 2024