Agenda packet — El Cajon City Council, October 10, 2023

CITY COUNCIL

HOUSING AUTHORITY AND

SUCCESSOR AGENCY TO THE EL CAJON

REDEVELOPMENT AGENCY
Council Chamber
200 Civic Center Way
El Cajon, CA 92020
Agenda
OCTOBER 10, 2023, 3:00 p.m.

Bill Wells, Mayor Graham Mitchell, City Manager
Steve Goble, Deputy Mayor Vince DiMaggio, Assistant City Manager Gary Kendrick, Councilmember Morgan Foley, City Attorney Michelle Metschel, Councilmember Angela Cortez, City Clerk Phil Ortiz, Councilmember
CALL TO ORDER: Mayor Bill Wells
ROLL CALL: City Clerk Angela Cortez

PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
POSTINGS: The City Clerk posted Orders of Adjournment of the September 26, 2023, Meeting and the Agenda of the October 10, 2023, Meeting in accordance to State Law and City Council/Housing Authority/Successor Agency to the Redevelopment Agency Policy.

PRESENTATIONS:

Proclamation: Fire Prevention Week
Proclamation: HR Professionals Day
Proclamation: National Community Planning Month
Presentation: HauntFest on Main
AGENDA CHANGES:
~ Valley of opportunity
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CONSENT ITEMS:

Consent Items are routine matters enacted by one motion according to the RECOMMENDATION listed below. With the concurrence of the City Council, a Council Member or person in attendance may request discussion of a Consent Item at this time.

1. Minutes of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meeting

RECOMMENDATION:

That the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency approves Minutes of the September 26, 2023, Meeting of the El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency.

2. Warrants
RECOMMENDATION:

That the City Council approves payment of Warrants as submitted by the Finance Department.

3. Approval of Reading Ordinances by Title Only
RECOMMENDATION:

That the City Council approves the reading by title and waives the reading in full of all Ordinances on the Agenda.

4. 2021 Operation Stonegarden Grant (OPSG) – Amendment No. 1, Increase in Funding Reallocation

RECOMMENDATION:

That the City Council takes the following actions:

Authorizes the City Manager or designee to accept the 2021 Operation Stonegarden Grant (OPSG) Amendment No. 1, allocating the additional funding of $110,000, and to execute any grant documents and agreements necessary for the receipt and use of these funds; and

1. Appropriates $110,000 of additional funding to reimburse the El Cajon Police Department for overtime ($106,065) and fringe benefits ($3,935) costs while participating in OPSG coordinated operations.

2. 5. Contract Amendment for RFP No. 020-17, Interview Room Recording System & Consolidated Video Management System

RECOMMENDATION:

That the City Council:

Determines that the contract amendment is exempt from the California Environmental Quality Act (CEQA) subject to section 15301 (Existing Facilities) of the State CEQA Guidelines; and

1. Adopts the next Resolution, in order, to extend the current agreement and compensation for the Interview Room Recording System with Axon Enterprise, Inc., for one year and authorizes the City Manager to approve up to four additional one-year options, each in the annual not-to-exceed amount of $17,168.10.

2. 6. FY 2023 U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG23) Award

RECOMMENDATION:

That the City Council takes the following actions:

Authorizes the City Manager, or designee, to accept the FY 2023 U.S.

Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG23) in the amount of $44,545.00 and to execute any grant documents and agreements necessary for the receipt and use of these funds; and

1. Appropriates $44,545.00 of the FY 2023 U.S. Department of Justice Assistance Grant (JAG23) to purchase Inspection, Training, and Personnel software, 2 E-bikes, 25 Red Dot Sight Optics & accessories, and 25 holsters.

2. 7. Professional Services Agreement for Continued Assessment of Existing Box Culverts

RECOMMENDATION:

That the City Council:

Determines that the service is exempt from the California Environmental Quality Act (CEQA) in accordance with section 15309 of the State CEQA Guidelines; and

1. Adopts the next Resolution, in order, to execute a Professional Services Agreement (PSA) with Kleinfelder, Inc., for a one-year term in the not-to-exceed amount of $25,000.

2. PUBLIC COMMENT:

At this time, any person may address a matter within the jurisdiction of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency that is not on the Agenda. Comments relating to items on today’s docket are to be taken at the time the item is heard. State law prohibits discussion or action on items not on the Agenda; however, Council, Authority and Agency Members may briefly respond to statements or questions. An item may be placed on a future Agenda.

WRITTEN COMMUNICATIONS:

PUBLIC HEARINGS:

ADMINISTRATIVE REPORTS:

8. Downtown El Cajon Business Partners Annual Financial Statement and Audit

RECOMMENDATION:

That the City Council receives the annual financial statement and audit, and provides feedback.

9. Annual Report on the El Cajon Animal Shelter

RECOMMENDATION:

That the City Council receives the report from the San Diego Humane Society as an informational item.

10. Bonfire at Foothills Christian Church

RECOMMENDATION:

That the City Council considers the allowance of a bonfire at Foothills Christian Church on October 13, 2023.

COMMISSION REPORTS:

ACTIVITIES REPORTS/COMMENTS OF MAYOR WELLS
SANDAG (San Diego Association of Governments) Board of Directors.

11. Council Activity Report

ACTIVITIES REPORTS/COMMENTS OF COUNCILMEMBERS:

12. DEPUTY MAYOR STEVE GOBLE
MTS (Metropolitan Transit System Board); East County Advanced Water Purification Joint Powers Authority Board; Chamber of Commerce – Government Affairs Committee; SANDAG – Board of Directors – Alternate; SANDAG Public Safety Committee – Alternate.

13. COUNCILMEMBER GARY KENDRICK
METRO Commission/Wastewater JPA; Heartland Communications; Heartland Fire Training JPA.

14. COUNCILMEMBER MICHELLE METSCHEL
Harry Griffen Park Joint Steering Committee; METRO Commission/Wastewater JPA – Alternate; Heartland Communications – Alternate; Heartland Fire Training JPA – Alternate.

15. COUNCILMEMBER PHIL ORTIZ

15. COUNCILMEMBER PHIL ORTIZ
League of California Cities, San Diego Division; East County Economic Development Council; MTS (Metropolitan Transit System Board) – Alternate; East County Advanced Water Purification Joint Powers Authority Board – Alternate; Chamber of Commerce – Government Affairs Committee – Alternate.

JOINT COUNCILMEMBER REPORTS:

GENERAL INFORMATION ITEMS FOR DISCUSSION:

ORDINANCES: FIRST READING

16. First Reading of the proposed Ordinance Amending Title 15 (Buildings and Construction) and adopting amendments to the California Building Code, 2022 Edition and the California Fire Code, 2022 Edition by Reference

RECOMMENDATION:

That the City Council:

Introduces the Ordinance and holds first reading;1.

Requests the City Clerk to recite the title of the Ordinance; and2.

Directs the City Clerk to schedule a public hearing for a second reading and adoption of the Ordinance on October 24, 2023.

3. ORDINANCES: SECOND READING AND ADOPTION

CLOSED SESSIONS:

17. Closed Session - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of section 54956.9:

One (1) potential case

ADJOURNMENT: The Regular Joint Meeting of the El Cajon City Council/ El Cajon Housing Authority/Successor Agency to the El Cajon Redevelopment Agency held this 10th day of October 2023, is adjourned to Tuesday, October 24, 2023, at 3:00 p.m.

City Council
Agenda Report
Agenda Item 1.

DATE: October 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Angela Cortez, City Clerk
SUBJECT: Minutes of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meeting
RECOMMENDATION:

Attachments
09-26-23DRAFTminutes - 3PM

Joint Meeting: El Cajon City Council/Housing Authority/ September 26, 2023 Successor Agency to the Redevelopment Agency - 158 - 3:00 p.m.

JOINT MEETING OF THE

EL CAJON CITY COUNCIL/HOUSING

AUTHORITY/SUCCESSOR AGENCY

TO THE EL CAJON

REDEVELOPMENT AGENCY

MINUTES

CITY OF EL CAJON

EL CAJON, CALIFORNIA

September 26, 2023

An Adjourned Regular Joint Meeting of the El Cajon City Council/Housing Authorit y/ Successor Agency to the El Cajon Redevelopment Agency, held Tuesday, September 26, 2023, was called to order by Mayor/Chair Bill Wells at 3:00 p.m., in the Council Chambers, 200 Civic Center Way, El Cajon, California.

R O L L C A L L
Council/Agencymembers present: Kendrick, Metschel, and Ortiz Council/Agencymembers absent: None
Deputy Mayor/Vice Chair present: Goble
Mayor/Chair present: Wells
Other Officers present: Mitchell, City Manager/Executive Director DiMaggio, Assistant City Manager
Foley, City Attorney/General Counsel
Cortez, City Clerk/Secretary

PLEDGE OF ALLEGIANCE TO THE FLAG led by Mayor Wells and MOMENT OF SILENCE.

POSTINGS: The City Clerk posted Orders of Adjournment of the September 12, 2023, meeting and the Agenda of the September 26, 2023, meeting in accordance with State Law and El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Policy.

The Valley of Opportunity
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C'o V '-ci ~PorateO

Joint Meeting: El Cajon City Council/Housing Authority/ September 26, 2023 Successor Agency to the Redevelopment Agency - 159 - 3:00 p.m.

PRESENTATIONS:

 Proclamation: German American Month

AGENDA CHANGES: None

CONSENT ITEMS: (1 – 10)

MOTION BY WELLS, SECOND BY METSCHEL, to APPROVE Consent Items 1 to 10.

MOTION CARRIED BY UNANIMOUS VOTE.

1. Minutes of El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meetings

Approve Minutes of the September 12, 2023, Meeting of the El Cajon City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency.

2. Warrants

Approve payment of Warrants as submitted by the Finance Department.

3. Approval of Reading Ordinances by Title Only

Approve the reading by title and waive s the reading in full of all Ordinances on the Agenda.

4. Board of Supervisors Appointment to Gillespie Field Development Council

Ratify the Board of Supervisors appointment of James Sly to the Gillespie Field Development Council for a term to expire August 6, 2027.

5. El Cajon Housing Authority Annual Report (Fiscal Year 2022-2023)

Acting as the El Cajon Housing Authority, a pprove the 2022-2023 Annual Report; and Authorize the Executive Director or designee to transmit it, in the form substantially as presented, to the California Department of Housing and Community Development as required by State Law.

Joint Meeting: El Cajon City Council/Housing Authority/ September 26, 2023 Successor Agency to the Redevelopment Agency - 160 - 3:00 p.m.

CONSENT ITEMS: (Continued)

6. Youth League Utility Support Fiscal Year 2023/2024

Approve the Recreation Council's recommendation to provide utility support, in the amount of $2,100 per league, to eight Executive Member youth leagues.

7. Encroachment Agreement with Pacific Wyyerd, LLC for Installation and Operation of Fiber Optic Network in the City's Right-of-Way

Adopt Resolution No. 082 -23 authorizing an Encroachment Agreement with Pacific Wyyerd, LLC for the installation and operation of a fiber optic telecommunications network within the City's right-of-way.

8. Appropriate $50,000 Additional TransNet (EL03) Funds to the Luke Lane Drainage Improvements Project (223748PWCP)

Adopt Resolution No. 083 -23 to appropriate $50,000 of additional TransNet (EL03) funds for the purpose of increasing the Luke Lane Drainage Improvements CIP project (223748PWCP).

9. Award of Bid No. 015 -24 – Alarm System Monitoring, Annual Inspections & Repairs

1. Determine that the project is exempt from the California Environmental Quality Act (CEQA) in accordance with section 15301 of the State CEQA Guidelines; and

2. Adopt Resolution No. 084 -23 to Approve Plans and Specifications for Alarm System Monitoring, Annual Inspections & Repairs, Bid No. 015 -24; and Adopt Resolutions No. 085 -23 to Award the bid to the sole responsive, responsible bidder, Progressive Technology Security Systems, Inc. (PTSSI), in the amount of $39,898.

10. Award of Bid No. 012-24 – Weed Abatement & Channel Clearing

1. Determines that the project is exempt from the California Environmental Quality Act (CEQA) in accordance wi th sections 15307 and 15308 of the State CEQA Guidelines; and

2. Adopt Resolution No. 086 -23 to Approve Plans and Specifications for Weed Abatement & Channel Clearing, Bid No. 012 -24; and Adopt Resolution No. 087 - 23 to Award the bid to the lowest responsive, responsible b idder, Habitat Restoration Sciences, Inc., in the amount of $199,546.50.

Joint Meeting: El Cajon City Council/Housing Authority/ September 26, 2023 Successor Agency to the Redevelopment Agency - 161 - 3:00 p.m.

PUBLIC COMMENT:

Taylor Abeel spoke about the improvements and issues on the Luke Lane project, and praised Assistant Engineer, Christine Jaboro for her customer service skills.

Brenda Hammond spoke about the County of San Diego having ‘paid agitators ’ harassing citizens.

WRITTEN COMMUNICATIONS: None

PUBLIC HEARINGS: None

ADMINISTRATIVE REPORTS:

11. Update on The Magnolia’s Financial Performance

RECOMMENDATION:

That the City Council receives an update on The Magnolia’s financial performance.

DISCUSSION

Assistant to the City Manager, David Richards , and The Magnolia ’s General Manager, Paris Landen, provided detailed information of the Item.

Discussion ensued among Council and Staff concerning the following:
 Local businesses not taking advantage of the influx of people attending shows at The Magnolia;
 Advertising local businesses during the performances at The Magnolia;  Solar panels are not an option for the current infrastructure; and  Food vendor considerations.

No public comment was received.

MOTION BY ORTIZ, SECOND BY KENDRICK, to ACCEPT the update on The Magnolia’s Financial Performance.

MOTION CARRIED BY UNANIMOUS VOTE.

Joint Meeting: El Cajon City Council/Housing Authority/ September 26, 2023 Successor Agency to the Redevelopment Agency - 162 - 3:00 p.m.

ADMINISTRATIVE REPORTS: (Continued)

12. Operating Covenant with CarMax Auto Superstores, Inc.

RECOMMENDATION:

That the City Council adopts the next Resolution, in order, approving an Operating Covenant with CarMax Auto Superstores, Inc. and authorizing the City Manager to execute the agreement with such minor changes as may be approved by the City Manager.

DISCUSSION

City Manager Mitchell provided detailed information of the Item.

Carmax representative, Whitney Hodges, was available for questions from the City Council.

Discussion ensued among Council and Staff concerning the following:
 Unrealized gains; and
 Incentives to bring new businesses into the City.

No public comment was received.

MOTION BY GOBLE, SECOND BY ORTIZ, to ADOPT Resolution No. 088- 23, approving an Operating Covenant with CarMax Auto Superstores, Inc. and authorizing the City Manager to execute the agreement with such minor changes as may be approved by the City Manager.

MOTION CARRIED BY UNANIMOUS VOTE.

13. Permanent Local Housing Allocation Funding and Program Approval

RECOMMENDATION:

That the City Council:

1. Accepts staff recommendations for projects and programs funded by the Permanent Local Housing Allocation (PLHA) grant program;

2. Approves the Program Guidelines for the Accessory Dwelling Unit (ADU) Loan Program; and

3. Adopts the next Resolution, in order, to:
a) Approve and adopt the PLHA recommendations, and authorize the City Manager to enter into Agreements with three non-profit organizations; b) Accept, appropriate, allocate, and expend an additional $137,620 for a total of $2,752,411 from the State of California Department of Housing and Community Development's (HCD) PLHA grant award (22 -PLHA-17775); and

Joint Meeting: El Cajon City Council/Housing Authority/ September 26, 2023 Successor Agency to the Redevelopment Agency - 163 - 3:00 p.m.

ADMINISTRATIVE REPORTS: (Item 13 - Continued)

c) Approve the Accessory Dwelling Unit Loan Program as presented and authorize the City Manager or designee to make any necessary updates to the program guidelines and sign any necessary agreements with homeowners to secure the City's financial interest.

DISCUSSION

Housing Manager, Jose Dorado, provided detailed information of the Item.

Discussion ensued among Council and Staff concerning the following:
 Clarification of the requested funds;
 Funds previously allocated to service providers;
 Stipulations to serve El Cajon ’s Homeless before others who come into the City; and
 Create rental opportunities in the City.

Crystal Pugh, the new Director at Home Start, introduced herself to the City Council.

MOTION BY GOBLE, SECOND BY ORTIZ, to ACCEPT staff
recommendations for projects and programs funded by the Permanend Local Housing Allocation (PLHA) grant Program; APPROVE the Program Guidelines for the Accessory Dwelling Unit (ADU) Loan Program; and ADOPT Resolution No. 089 -23, to Approve and adopt the PLHA recommendations, and authorize the City Manager to enter into Agreements with three non -profit organizations; Accept, appropriate, allocate, and expend an additional $137,620 for a total of $2,752,411 from the State of California Depar tment of Housing and Community Development's (HCD) PLHA grant award (22 -PLHA-17775); and Approve the Accessory Dwelling Unit Loan Program as presented and authorize the City Manager or designee to make any necessary updates to the program guidelines and sign any necessary agreements with homeowners to secure the City's financial interest.

MOTION CARRIED BY UNANIMOUS VOTE.

COMMISSION REPORTS: None

ACTIVITIES REPORTS/COMMENTS OF MAYOR WELLS:

SANDAG (San Diego Association of Governments) Board of Directors.

14. Council Activities Report/Comments

Report as submitted.

Joint Meeting: El Cajon City Council/Housing Authority/ September 26, 2023 Successor Agency to the Redevelopment Agency - 164 - 3:00 p.m.

ACTIVITIES REPORTS OF COUNCILMEMBERS:

15. DEPUTY MAYOR STEVE GOBLE
MTS (Metropolitan Transit System Board); East County Advance d Water Purification Joint Powers Authority Board; Chamber of Commerce – Government Affairs Committee; SANDAG – Board of Directors – Alternate; SANDAG Publi c Safety Committee – Alternate.

Council Activities Report/Comments.

In addition to the submitted report, Deputy Mayor Goble spoke about a Home Start event at the MTS Transit Center.

16. COUNCILMEMBER GARY KENDRICK
METRO Commission/Wastewater JPA; Heartland Communicatio ns; Heartland Fire Training JPA.

Council Activities Report/Comments.

Report as submitted.

17. COUNCILMEMBER MICHELLE METSCHEL
Harry Griffen Park Joint Steering Committee; Heartland Communications – Alternate; Heartland Fire Training JPA – Alternate; METRO Commission/Wastewater JPA – Alternate.

Council Activities Report/Comments.

Councilmember Metschel stated she did not attend the Kidinnu Academy Grand Opening as previously stated in the submitted Report.

18. COUNCILMEMBER PHIL ORTIZ
League of California Cities, San Diego Division; East County Economic Development Council; MTS (Metropolitan Transit System Board) – Alternate; East County Advance d Water Purification Joint Powers Authority Board – Alternate; Chamber of Commerce – Government Affairs Committee – Alternate.

Council Activities Report/Comments.

Report as submitted.

Joint Meeting: El Cajon City Council/Housing Authority/ September 26, 2023 Successor Agency to the Redevelopment Agency - 165 - 3:00 p.m.

JOINT COUNCILMEMBER REPORTS:

19. Sheltering Pets of Homeless Individuals

RECOMMENDATION:

That the City Council direct City staff to prepare an analysis of a program that would offer free shelter for pets of homeless individuals while they are participating in a program, and its potential cost and funding source.

DISCUSSION

Councilmembers Kendrick and Metschel provided detailed information of the Item.

Discussion ensued among Council and Staff concerning the following:
 Ideas for funding the proposed program;
 Partnering with rescue organizations;
 Reach out to service providers for ideas;
 Parting from pets is not a popular choice for those experiencing homelessness;  Option of using the animal shelter; and
 Reach out to neighboring cities for input.

MOTION BY WELLS, SECOND BY METSCHEL, to PREPARE an analysis of a program that would offer free shelter for pets of homeless individuals while they are participating in a program, and its potential cost and funding source.

MOTION CARRIED BY UNANIMOUS VOTE.

GENERAL INFORMATION ITEMS FOR DISCUSSION: None

ORDINANCES: FIRST READING - None

The Remainder of the Page Intentionally Left Blank.

Joint Meeting: El Cajon City Council/Housing Authority/ September 26, 2023 Successor Agency to the Redevelopment Agency - 166 - 3:00 p.m.

ORDINANCES: SECOND READING AND ADOPTION

20. Approve Amendments to Section 10.20.130 of Chapter 10.20 of the El Cajon Municipal Code

RECOMMENDATION:

That Mayor Wells requests the City Clerk to recite the title.

An Ordinance Amending Section 10.20.130 of Chapter 10.20 of the El Cajon Municipal Code to Establish a New Speed Limit on a Portion of Washington Avenue from El Cajon Boulevard to Granite Hills Drive.

The proposed speed limit w ill improve public safety and is therefore exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guidelines section 15301(c).

DISCUSSION

No comments were received for the Item.

The City Clerk recited the title of the ordinance for a second reading.

An Ordinance Amending Section 10.20.130 of Chapter 10.20 of the El Cajon Municipal Code to Establ ish a New Speed Limit on a Portion of Washington Avenue from El Cajon Boulevard to Granite Hills Drive.

MOTION BY WELLS, SECOND BY KENDRICK, to ADOPT Ordinance No. 5138, An Ordinance Amending Section 10.20.130 of Chapter 10.20 of the El Cajon Municipal Code to Establish a New Speed Limit on a Portion of Washington Avenue from El Cajon Boulevard to Granite Hills Drive.

MOTION CARRIED BY UNANIMOUS VOTE.

CLOSED SESSIONS: None

Adjournment: Mayor Wells adjourned the Adjourned Regular Joint Meeting of the El Cajon City Council/ Housing Authority/Successor Agency to the El Cajon Redevelopment Agency held this 26th day of September, 2023, at 4:22 p.m., to Tuesday, October 10, 2023, at 3:00 p.m.

______________________
ANGELA L. CORTEZ, CMC
City Clerk/Secretary
City Council
Agenda Report
Agenda Item 4.

DATE: October 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Mike Moulton, Chief of Police
SUBJECT: 2021 Operation Stonegarden Grant (OPSG) – Amendment No. 1, Increase in Funding Reallocation
RECOMMENDATION:

That the City Council takes the following actions:

2. BACKGROUND:

Operation Stonegarden Grant (OPSG) is funded by the U.S. Department of Homeland Security and administered by the San Diego County Sheriff’s Department. Through a partnership with the Office of Homeland Security, Customs and Border Protection/Border Patrol, and several local law enforcement agencies, the Stonegarden mission is to:
disrupt and degrade targeted transnational criminal organizations (TCOs), expand opportunities to work cooperatively with several regional agencies on border-related crime, and
maximize intelligence gathering and enforcement opportunities targeting drug and weapons smuggling, criminal transportation cells, and other border-related crimes.

Multi-agency operations, funded through OPSG, will saturate areas known to be used by transnational drug and smuggling groups. The large law enforcement presence will serve as a criminal deterrent and help to maintain secure borders. These operations promote cooperation in the region and lead to drug and vehicle seizures, as well as arrests. These operations include target-based, intelligence-led operations, high-profile saturation patrols, undercover operations and interdiction details. The primary areas of focus will be the I-8 egress and the surrounding feeder roads and areas. The El Cajon Police Department previously used 2021 OPSG funds of $109,100 for overtime, fringe benefits and the purchase of a new police vehicle. The additional OPSG funds received in Amendment No. 1 will be used for overtime and fringe benefits to continue participating in multi-agency coordinated operations. .!!!!_ Valley of Opportunity
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CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed amendment to increase funding for Operation Stonegarden is exempt from the California Environmental Quality Act (CEQA) subject to section 15321 (Enforcement Actions) of the State CEQA Guidelines. Law enforcement activities are exempt from CEQA.

FISCAL IMPACT:

This amendment, increasing the funding by $110,000, will provide an overall funding of $219,100 from the 2021 Stonegarden Grant to the Police Special Revenue Fund (226380) and will not impact the General Fund. No matching funds are required for this grant. These funds will be used by the El Cajon Police Department for the projects listed above or as modified in the grant workbook and approved by the granting agency.

Prepared By: Jennifer Lytle, Management Analyst
Reviewed By: Mike Moulton, Police Chief
Approved By: Graham Mitchell, City Manager
Attachments
2021 OPSG MOA Amendment

AGREEMENT FOR THE
FISCAL YEAR 2021 OPERATION STONEGARDEN (OPSG) GRANT
AMENDMENT NO. 1

RECITALS

1. Original Agreement - On or about January 24, 2023, the PARTIES to the Agreement listed in Amendment Recital 2 below, entered into the AGREEMENT FOR THE FISCAL YEAR 2021 OPERATION STONEGARDEN (OPSG) Grant ("Agreement") with an operational project period for PARTIES effective retroactively to July 18, 2022, through February 29, 2024, subject to various provisions of the Agreement.

2. Parties to the Agreement -- The Agreement is among the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF CHULA VISTA, CITY OF EL CAJON, CITY OF

ESCONDIDO, CITY OF LA MESA, CITY OF OCEANSIDE, CITY OF SEAL BEACH, CITY OF HUNTINGTON BEACH (collectively the "CITIES"), the SAN DIEGO UNIFIED PORT DISTRICT ("SDUPD"), the SYCUAN BAND OF THE KUMEY AA Y NATION ("SBKN"), the UNIVERSITY OF CALIFORNIA SAN DIEGO ("UCSD"), the COUNTY OF RIVERSIDE ("RC"), the COUNTY OF ORANGE ("OC"), the COUNTY OF LOS ANGELES ("LAC"), the COUNTY OF SAN LUIS OBISPO ("SLOC"), the COUNTY OF SANTA BARBARA ("SBC"), the COUNTY OF VENTURA ("VC"), the COUNTY OF MONTEREY ("MC"), the COUNTY OF SAN MATEO ("SMC"), the CALIFORNIA HIGHWAY PATROL ("CHP"), the DEPARTMENT OF FISH AND WILDLIFE ("DFW"), and the CALIFORNIA DEPARTMENT OF PARI(S AND RECREATION ("DPR"), each a "PARTY" and collectively the "PARTIES", for support of the Operation Stonegarden ("OPSG") grant program.

3. Party Departments or Agencies Participating in the Agreement- For the COUNTY, the sole patticipating agency is the Sheriffs Department ("SHERIFF"). For the CITIES, SDUPD, SBKN, and UCSD, patticipating agencies are their respective police department.

For RC, OC, LAC, SLOC, SBC, VC, MC, and SMC, participating agencies are their respective Sheriff's depattment. CHP, DFW, and DPR do not have subordinate agencies or department patticipants.

4. Authority to Amend the Agreement- COUNTY, by action of the Board of Supervisors Resolution No. 21-011 dated January 26, 2021, authorized the SHERIFF to execute funding reallocation for Fiscal Year (FY) 2021 OPSG grant funding between OPSG agencies, including amendments, revisions, and/or extensions thereof that do not materially impact or alter the services or funding level. The persons signing this Amendment No. I on behalf of the PARTIES, represent that they have the authority to do so.

Page I of3

5. Increase in Funding Reallocation - The FY 2021 OPSG grant allocation for the City of El Cajon and the County of Orange will be increased by the amounts below and as reflected in the REVISED Exhibit A v.l -Budget Worksheet attached hereto. a) The City of El Cajon's $109,100 grant allocation will be increased by $110,000 from other Friendly Forces' allocation to be appropriated to its Operational OT and Fringe Benefit budget categories. The City of El Cajon's new budget total:
$219,100.
b) The County of Orange's $314,700 grant allocation will be increased by $27,880 from other Friendly Forces' allocation to be appropriated to its Operational OT, Fringe Benefit and Mileage budget categories. The County of Orange's new budget total: $342,580.

THEREFORE, the PARTIES agree to the following:

AMENDMENTS TO THE AGREEMENT
I. The original Exhibit A - Budget Worksheet, is replaced with a REVISED Exhibit A v.1, attached hereto, which reflects the respective increased budget allocation for the City of El Cajon and the County of Orange.

II. Except as otherwise provided by this AMENDMENT NO. 1, the Agreement and each other term and condition therein shall remain in full force and effect. Terms and conditions of the AGREEMENT not specified herein remain unmodified.

This AMENDMENT NO. I may be signed in one or more counterpatts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this AMENDMENT NO. I to the original AGREEMENT, such AMENDMENT NO. l effective July 13, 2023.

COUNTY OF SAN DIEGO

SHERIFF'S DEPARTMENT
Kelly A. Mattinez
Sheriff
Approved as to form and legality:

CLAUDIA G. SILVA

OFFICE OF COUNTY COUNSEL

COUNTY OF SAN DIEGO
Mark Day
Senior Deputy

Page 2 ends

ORANGE COUNTY

SHERIFF'S DEPARTMENT
Don Barnes
Sheriff-Coroner

EL CAJON POLICE

DEPARTMENT
~\--t~
Mike Moulton
Chief
Approved as to form:

LEONJ.PAGE

OFFICE OF COUNTY COUNSEL

COUNTY OF ORANGE
Nicole A. Sims
Supervising Deputy

Page 3 ends

City Council
Agenda Report
Agenda Item 5.

DATE: October 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Contract Amendment for RFP No. 020-17, Interview Room Recording System & Consolidated Video Management System
RECOMMENDATION:

That the City Council:

Determines that the contract amendment is exempt from the California Environmental Quality Act (CEQA) subject to section 15301 (Existing Facilities) of the State CEQA Guidelines; and

2. BACKGROUND:

The El Cajon Police Department requests the renewal of the hardware, software, installation, maintenance, and training contract for an additional one-year term with the option to renew for four additional one-year periods. The intent of the renewal is to maintain ease of use and advanced functionality for the police department’s interview room recording system.

On June 27, 2017, the City Council awarded the contract for the Interview Room Recording System portion of the Interview Room Recording System & Consolidated Video Management System to Axon Enterprise, Inc., in the not-to-exceed amount of $61,923.36.

The annual amount of the requested extension and renewals is $17,168.10 resulting in a total not-to-exceed amount of $85,840.50.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed contract amendment to extend the current agreement and compensation for the Interview Room Recording System with Axon Enterprise, Inc. for five additional one-year options at the Public Safety Center is exempt from the California Environmental Quality Act (CEQA) subject to section 15301 (Existing Facilities) of the State CEQA Guidelines. Section 15301 provides an exemption for replacement of equipment involving negligible or no expansion of existing use.
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FISCAL IMPACT:

Approval of the annual amount of $17,168.10 ($85,840.50 for a total of five years) will supplement the renewal contract and renewal options, for a total not-to-exceed amount of $147,763.86. Funds are available in Fiscal Year 2023-24 Annual Budget – Police Department Investigations (101320) and contingent upon subsequent fiscal year budget approvals.

Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Mike Moulton, Police Chief
Approved By: Graham Mitchell, City Manager
Attachments
Resolution

Page 1 of 2 ends

RESOLUTION NO. __-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CAJON

TO EXTEND THE CITY OF EL CAJON'S CURRENT AGREEMENT
WITH AXON ENTERPRISE, INC. AND PROVIDE ADDITIONAL

COMPENSATION FOR MAINTENANCE OF THE EL CAJON POLICE

DEPARTMENT INTERVIEW ROOM RECORDING SYSTEM
(RFP No. 020-17)

WHEREAS, on June 27, 2017 , the City Council awarded the contract for the Interview Room Recording System portion of the Interview Room Recording System & Consolidated Video Management System
(the "Project") to Axon Enterprise, Inc., for the not -to-exceed amount of $61,923.36 (the "Contract"); and

WHEREAS, the El Cajon Police Department (the "Department") now requests the renewal of the Contract for an additional one-year term (the "First Renewal Term") with the option to renew for up to four additional one-year renewal terms (each, a "Renewal Option") in order to maintain ease of use and advanced functionality for the Project; and

WHEREAS, City of El Cajon staff has requested that City Council approve the additional compensation for the requested First Renewal Term and all Renewal Options, each in the amount of $17,168.10, for a total cumulative increase in the Contract amount of $85,840.50; and

WHEREAS, the proposed action to incr ease funds for the Project is exempt from the California Environmental quality Act (CEQA) subject to section 15301 (Existing Facilities) of the State CEQA Guidelines, which provides an exemption for replacement of equipment involving negligible or no expansion of an existing use; and

WHEREAS, the City Council believes it to be in the best interests of the City to appr ove the requested contract First Renewal Term and authorize any or all of the Renewal Options, each for the additional compensation of $17,168.10, for a total cumulative not -to-exceed increase in the Contract amount of $85,840.50.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:

1. The above recitals are true and correct, and are the findings of the City Council.

2. The City Council hereby approves the extending the Contract for the First Renewal Term, for the additional compensation of $17,168.10, and hereby authorizes the City Manager to approve up to four (4) additional R enewal Options, each for the additional compensation of $17,168.10, for a total cumulative not-to-exceed increase in the Contract amount of $85,840.50.

3. The City Council hereby authorizes the City Manager, or such person as is designated by the City Manager, to execute an amendment to the Contract providing for the First Renewal Term and any or all of the Renewal Option s, with any such changes as may be necessary and approved by the City Manager.

10/10/23 CC Agenda
Reso – RFP 020-17 – extension, renewals, and add'l comp. – service & maintenance of police department’s interview room recording system (Axon Ent.) 100323
City Council
Agenda Report
Agenda Item 6.

DATE: October 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Mike Moulton, Chief of Police
SUBJECT: FY 2023 U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG23) Award
RECOMMENDATION:

That the City Council takes the following actions:

Authorizes the City Manager, or designee, to accept the FY 2023 U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG23) in the amount of $44,545.00 and to execute any grant documents and agreements necessary for the receipt and use of these funds; and

2. BACKGROUND:

FY 2023 marks the 19th year the City of El Cajon Police Department has participated in the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant Program. This grant is awarded annually to state and local government agencies to support a broad range of criminal justice-related activities. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, and information systems for criminal justice programs. Over the years, these grant funds have been used by the El Cajon Police Department to fund specialized training and equipment. This grant does not require local match funding or a public hearing.

On August 16, 2023, an informational notice for public review was posted regarding our JAG23 grant application which included a request for $44,545.00 to purchase Inspection, Training, and Personnel software, 2 E-bikes, 25 Red Dot Sight Optics and accessories, and 25 holsters. On September 22, 2023, we received formal notification that our JAG23 grant application was approved and council action is now needed to accept and appropriate the grant funding.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed grant award to purchase holsters, software, E-bikes, optics and accessories, is exempt from the California Environmental Quality Act (CEQA) in accordance with section 15378(b)(2) of the State CEQA Guidelines.

FISCAL IMPACT:

The City of El Cajon has been awarded the U.S. Department of Justice Assistance (JAG23) Grant in the amount of $44,545.00. Approval of this action will increase Department of Justice Assistance (JAG23) Grant appropriations by this amount. There will be no impact on the City's General Fund.

Prepared By: Julie Cotton, Management Assistant
Reviewed By: Mike Moulton, Police Chief
Approved By: Graham Mitchell, City Manager
Attachments
Award Letter
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance

Washington, D.C. 20531

Name and Address of Recipient: CITY OF EL CAJON 200 CIVIC CENTER WAY, 5TH FLR

City, State and Zip: EL CAJON, CA 92020

Recipient UEI: GUANBKQWK6J3
Project Title: To purchase Inspection,
Training & Personnel Software, 2 ebikes, 25
Sights & Accessories, and 25 Holsters.

Award Number: 15PBJA-23-GG-03155-JAGX
Solicitation Title: BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Federal Award Amount: $44,545.00 Federal Award Date: 9/22/23 Awarding Agency: Office of Justice Programs
Bureau of Justice Assistance
Funding Instrument Type: Grant
Opportunity Category: D
Assistance Listing:

16.738 - Edward Byrne Memorial Justice Assistance Grant Program Project Period Start Date: 10/1/22 Project Period End Date: 9/30/26 Budget Period Start Date: 10/1/22 Budget Period End Date: 9/30/26 Project Description:

The City of El Cajon's Police Department will use JAG funds to purchase equipment that will help modernize the City's efforts in providing public safety. The purchase of personnel management software will ensure each employee receives the necessary training and development for a growing and diverse range of employees. The procurement of E-bikes will allow officers to obtain enhanced maneuverability and maximum coverage for patrol and special events by allowing for better navigation of crowded or narrow spaces. Additional pistol sights and accessories will improve accuracy and target acquisition, increasing the level of safety in firearms usage.

Page: 1 of 22
I
I
Award Letter
September 22, 2023
Dear Bill Wells,

On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by CITY OF EL CAJON for an award under the funding opportunity entitled 2023 BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $44,545.

Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.

Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.

Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.

Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date.

To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.

Congratulations, and we look forward to working with you.

Maureen Henneberg
Deputy Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/ Explore/LegalOverview/CivilRightsRequirements.htm.

Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria.

Page: 2 of 22
These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal-opportunity standards.

If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5).

The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at [email protected].

Memorandum Regarding NEPA
NEPA Letter Type
OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party.? Accordingly,?prior to obligating?funds for any of the specified activities, the grantee must first determine if any of the specified activities will be?funded by the grant. ?
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c.? A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;
d.? Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.

Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html.

NEPA Coordinator
Page: 3 of 22
First Name
Orbin Middle Name Last Name
Terry
Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Recipient Information
Recipient Name

CITY OF EL CAJON
UEI
GUANBKQWK6J3
Street 1
200 CIVIC CENTER WAY, 5TH FLR Street 2
City

EL CAJON
State/U.S. Territory
California
Zip/Postal Code
92020
Country
United States
County/Parish

Province

Award Details
Federal Award Date
9/22/23
Award Type
Initial
Award Number
15PBJA-23-GG-03155-JAGX
Supplement Number
00 Federal Award Amount
$44,545.00
Funding Instrument Type
Grant
Assistance Listing
Number
Assistance Listings Program Title

16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority
Title I of Public Law 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a)
[ ]
I have read and understand the information presented in this section of the Federal Award Instrument.

Page: 4 of 22
Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Solicitation Title
2023 BJA FY 23 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program - Local Solicitation
Application Number
GRANT13958954
Awarding Agency
OJP
Program Office
BJA
Grant Manager Name
Fadumo Tahlil
Phone Number
202-598-9805
E-mail Address
[email protected]
Project Title
To purchase Inspection, Training & Personnel Software, 2 ebikes, 25 Sights & Accessories, and 25 Holsters.

Performance Period Start
Date
10/01/2022
Performance Period End Date
09/30/2026
Budget Period Start Date
10/01/2022
Budget Period End Date
09/30/2026
Project Description
The City of El Cajon's Police Department will use JAG funds to purchase equipment that will help modernize the City's efforts in providing public safety. The purchase of personnel management software will ensure each employee receives the necessary training and development for a growing and diverse range of employees. The procurement of E-bikes will allow officers to obtain enhanced maneuverability and maximum coverage for patrol and special events by allowing for better navigation of crowded or narrow spaces. Additional pistol sights and accessories will improve accuracy and target acquisition, increasing the level of safety in firearms usage. [ ]
I have read and understand the information presented in this section of the Federal Award Instrument.

Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. [ ]
I have read and understand the information presented in this section of the Federal Award Instrument.

Page: 5 of 22
Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 1 Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards Consistent with Executive Order 14074, “Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety,” OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient (“subgrantee”) at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the “controlled equipment” list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition:

Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and are incorporated by reference here.
2 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 3 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 4 Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP.

The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF Page: 6 of 22
425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 5 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 6 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 7 Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
8 Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/ FY22AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.

Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the Page: 7 of 22
basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.

The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https:/ /www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.
10 Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
11 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.

Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices:

Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.

By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.

Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.
12 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 Page: 8 of 22
C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program.
13 Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
14 Employment eligibility verification for hiring under the award

1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).

B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.

C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).

D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.

2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.

B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify Page: 9 of 22
procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.

C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).

Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at E- [email protected].

Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 15 OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees. 16 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.

The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 17 Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list.
18 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.

In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP Page: 10 of 22
financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.

A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.
19 Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
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Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 21 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
22 Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 23 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
24 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").

The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/ funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.

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25 Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).

The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 26 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 27 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
28 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.

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29 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first- tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.

The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 30 Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
31 Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition.

The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 32 Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.

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33 Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.

The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.

Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
34 Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 35 Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities. 36 Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. 37 Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient’s Entity Administrator must make changes to contact information through DIAMD.

Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/ training-entity-management.

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38 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient.

Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA.

The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.

The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.

Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.
39 Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/1204386/ download), and must collect and report the metrics identified in Section IX of that document to BJA. 40 Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.

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41 All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website: https:// bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage (https://bjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 42 Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. 43 Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2022), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum- - (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at- risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. 44 If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual).
45 Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or Page: 17 of 22
State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records".

In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 46 Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 47 Certification of body armor "mandatory wear" policies, and compliance with NIJ standards If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that each law enforcement agency receiving body armor purchased with funds from this award has a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.

Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/ topics/equipment-and-technology/body-armor
48 Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program. 49 Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, Page: 18 of 22
as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. 50 FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 51 Exceptions regarding Prohibited and Controlled Equipment under OJP awards Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards," the requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs” and the requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs” do not apply to this award. 52 The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.
53 Initial period of performance; requests for extension.

The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of performance of the award is two years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this award.

Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA. 54 Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov.
55 Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and Page: 19 of 22
procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 56 Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.
57 Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. 58 Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 59 Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
60 The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.
61 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.
62 In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) Page: 20 of 22
unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment’s protection against unreasonable searches and seizures and the First Amendment’s freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request. [ ]
I have read and understand the information presented in this section of the Federal Award Instrument.

Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.

B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.

C. Accept this award on behalf of the applicant.

D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.

Agency Approval
Title of Approving Official
Deputy Assistant Attorney General
Name of Approving Official
Maureen Henneberg
Signed Date And Time
9/18/23 9:36 PM
Authorized Representative

Entity Acceptance
Title of Authorized Entity Official
Mayor
Signed Date And Time

Page: 21 of 22
Page: 22 of 22
City Council
Agenda Report
Agenda Item 7.

DATE: October 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Mara Romano, Purchasing Agent
SUBJECT: Professional Services Agreement for Continued Assessment of Existing Box Culverts
RECOMMENDATION:

That the City Council:

Determines that the service is exempt from the California Environmental Quality Act (CEQA) in accordance with section 15309 of the State CEQA Guidelines; and

1. Adopts the next Resolution, in order, to execute a Professional Services Agreement (PSA) with Kleinfelder, Inc., for a one-year term in the not-to-exceed amount of $25,000.

2. BACKGROUND:

On December 12, 2017, the City Council authorized the City Manager to negotiate/execute a civil engineering PSA with Kleinfelder, Inc. to perform an assessment of the Forester Creek and Washington Channel box culverts in the amount of $199,944. The agreement expired April 20, 2023, however, the Public Works Department requires the continued services of Kleinfelder, Inc. to analyze and assess the condition of the aged box culverts.

The initial agreement in the amount of $199,944 combined with the continuation of services in the amount of $25,000 will result in the total not-to-exceed amount of $224,944 for these services.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed contract amendment to increase funding for the continued service of analyzing and assessing existing box culverts is exempt from the California Environmental Quality Act (CEQA). In accordance with State CEQA Guidelines section 15309, the analysis and assessment of existing public infrastructure is exempt from CEQA.

FISCAL IMPACT:

Approval of the not-to-exceed amount of $25,000 will supplement the remaining work for a total not-to-exceed amount of $224,944. Funds are available in Fiscal Year 2023-24 Annual Budget – Box Culvert Assessment & Repairs (183611PWCP).

Prepared By: Mara Romano, Purchasing Agent
Reviewed By: Yazmin Arellano, Director of Public Works
Approved By: Graham Mitchell, City Manager
Attachments
Resolution

Page 1 of 2 ends

RESOLUTION NO. ___-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CAJON

AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT
WITH KLIENFELDER, INC.TO COMPLETE WORK IN ANALYZING

AND ASSESSING EXISTING BOX CULVERTS IN FORESTER CREEK

AND WASHINGTON CHANNEL AS A PART OF THE BOX CULVERT

CONDITION ASSESSMENT AND REPAIRS PROJECT

WHEREAS, on December 12, 2017, the City Council authorized the City Manager to negotiate and execute a professional services agreement with Kleinfelder, Inc., (the "Consultant") in order to provide an analysis and assessment of the conditions of box culverts in both Forester Creek and Washington Channel as a part of the Box Culvert Condition Assessment and Repairs (the "Project"); and

WHEREAS, the City entered into a professional services agreement with the Consultant for the Project, in the amount of $ 199,944 (the "Contract "), which was extended but e xpired by its terms on April 20, 2023, leaving a portion of the Project incomplete and the compensation to be paid to the Consultant exhausted; and

WHEREAS, the City and the Consultant agree that the Project can be completed in one (1) year at an a dditional cost of $25,000, which time and costs are more efficient than engaging a new professional to finalize the Project having to rely on the substantial work already performed by the Consultant, and likely duplicating some of the work of the Consultant; and

WHEREAS, a pproval of the supplemental work for $25,000 as additional compensation to the Consultant will result in a total cost for the Project of $224,944, and funds are available in Fi scal Year 2023-24 Annual Budget – Box Culvert Assessment & Repairs (183611PWCP), contingent upon approval of additional funding; and

WHEREAS, in accordance with the California Environmental Quality Act ("CEQA"), the Project is exempt in accordance with CEQA Guidelines, section 15309 (Class 9), as it involves the analysis and assessment of existing public infrastructure; and

WHEREAS, the City Council believes it to be in the best interests of the City to approve a supplemental contract to allow the Consultant to complete the scope of work for an additional not-to-exceed amount of $25,000, and to authorize an additional one (1) year term.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:

1. The above recitals are true and correct, and are the findings of the City Council.

2. The City Council hereby approves a professional services agreement with Kleinfelder, Inc., in the not -to-exceed amount of $25,000, for a term not to exceed one (1) year, in order to complete the Project.

Page 2 of 2 ends

3. The City Council hereby authorizes the City Manager, or such person as is designated by the City Manager, to execute a supplemental professional services agreement with the Consultant in accordance with Section 2, above, with such changes as may be necessary and approved by the City Manager.

10/10/23 CC Agenda
Reso – Approve Supplemental Contract (Kleinfelder, Inc.) Box Culver & Repairs 101023 City Council
Agenda Report
Agenda Item 8.

DATE: October 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Vince DiMaggio, Assistant City Manager
SUBJECT: Downtown El Cajon Business Partners Annual Financial Statement and Audit
RECOMMENDATION:

That the City Council receives the annual financial statement and audit, and provides feedback.

BACKGROUND:

In June 2011, the City Council approved a resolution that reauthorized the special assessment district for certain properties in the downtown area. In December 2011, the City Council approved an agreement with the Downtown El Cajon Business Partners to manage and operate the district and to conduct various activities to benefit the district with the proceeds from the special assessment. This agreement requires the Downtown El Cajon Business Partners to provide an annual report and a financial statement and audit of the district's activities over the previous year.

Attached is the annual Financial Report and Audit. The annual report on the various programs and activities of the District was not completed in time for inclusion in this report and will be presented to the Council upon its completion at a later date.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

This is an informational item being considered by the City Council. Therefore, it is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines. It is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment.

Prepared By: Vince DiMaggio, Assistant City Manager
Reviewed By:

Approved By: Graham Mitchell, City Manager
Attachments
Financial Statement
Financial Audit

DOWNTOWN EL CAJON BUSINESS
PARTNERS, INC.

FINANCIA L STATEMENTS
JUN E 30, 2023
(A UDITED)
CWGB&S ) CASHUK, WISEMAN, GOLD B[ ''C q 1RNBAUM, & SALEM, LLP _____;;,.,_ Certified Public Accountants
3333 Camino Del Rio Sou th • Suite 230 • San Diego, CA 92108-3808 • P (619) 563-0145 • F (619) 563-9584 • www.cwgcpa .com DOWNTOWN EL CAJON BUSINESS PARTNE RS, INC.

Independent Aud itors' Report
Statement of Financial Position
Statement of Activities
Statement of Functional Expenses
Statement of Cash Flows
Notes to the Financia l Statements

TABL E OF CONTENTS
June 30, 2023
PAGE
1,2
3 4
5 6
7-1 3
Certified Public Accoun tants
Telephone (619) 563-0145
Fax (6 19) 563-9584 • www.cwgcpa.com
CPA

P ARTN ERS
Richa rd A. Goldberg, CPA
Wes L. Sa lem, CPA
Ma. Lolita Crcma L, CPA
Michael Sela mc l Kwcc, CPA
To the Board of Directors of
Certifi ed P ubli c Accountants
fNDEPENDENT AUDITOR'S REPORT
Downtown El Cajon Business Partners, Inc.

Op inion
0 CalCPA

OFFI CE MA AGER
Tan ya Dav is
We have audited the accompanying financial statements of Downtown El Cajon Business Partners, Inc. (a California nonprofit organization), which comprise the statement of financial position as of June 30, 2023, and the related statements of activities, functional expenses, and cash flows for the year then ended, and the related notes to the financial statements.

In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Downtown El Cajon Business Partners, Inc. as of June 30, 2023, and the changes in its net assets and its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Basis for Opinion
We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Our responsibilities under those standards are fu11her described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of Downtown El Cajon Business Partners, Inc. and to meet our other ethical responsibilities in accordance with the relevant ethical requirements relating to our audit. We believe the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Responsibilities of Management for the Financial Stateme nts Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about Downtown El Cajon Business Partners, lnc.'s ability to continue as a going concern within one year af1er the date that the financial statements are available to be issued. i ·-•"' .-:-~ ,...-,-,. - ,_ - .._,,.~-.~ ... - -. - ~.:·••·•-,:--r.:·~.,.~-!"'!.'~•-•••~._,.,......,. -~~~~.,. --~,-,.-,-,. ~-.· - .. - •v ·-T.._ •. ;33;13 Callli110 l)pl Hio South I Suit,· 2:10 I San Diego. CA 9~108-:3808 I P (619) 56:3-01,1-5 I F (619) 563-9584- I www.cwgcpa.com Auditor 's Responsibiliti es for the Audit of the Financial Statement s Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinion.

Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than form one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

In performing an audit in accordance with generally accepted auditing standards, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of Downtown El Cajon Business Partners, Inc.' internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about Downtown El Cajon Business Partners, Inc.'s ability to continue as a going concern for a reasonable period of time.

Report on Summariz ed Compar ative Information
We have previously audited the Downtown El Cajon Business Partners, Inc.'s 2022 financial statements, and we expressed an unmodified opinion on those financial statements in our repott dated August I 0, 2022. In our opinion, the summarized comparative infonnation presented herein as of and for the year ended June 30, 2022, is consistent, in all material respects, with the audited financial statements from which it has been derived.

CASHUK, WISEMAN, GOLDBERG, BIRNBAUM AND SALEM, LLP
San Diego, California
August 7, 2023
2 DOWNTOW N EL CAJON BUSINESS PARTNE RS, INC.

STATEMENT OF FINANCIAL POSITION
Ju ne 30, 2023 w ith Comparat ive Tota ls fo r June 30, 2022 2023
Without Donor With Donor
Restrictions Restrictions

ASS ETS

C URRENT ASSETS
Cash and Cash Equivalents (Note A) $ 488,34 1 $
Accounts Receivable (Note A) 177,098
Prepaid Expenses 2,06 1
TOTAL CURRENT ASSETS 667,500

PROP ERTY AN D EQUIPM ENT
Property and Equipment, net of accumulated depreciation of $ 188,163 and $ 171,204 in 2023 and 2022 (Notes A & C 148,849

OT HER ASSE TS
Security Deposits 4, 180
TOT AL ASSE TS $ 820,529 $

LIA BILIT IES AND NET ASSE TS

CU RR ENT LIABILIT IES
Accounts Payable $ 17,485 $
Accrued Recertification Fees (Note G) 37,800
TOTAL CURRENT LIABILITIES 55,285

NET ASS ETS
Without Donor Restrictions (Note A) 765,244
With Donor Restrictions (Note A)
TOTAL NET ASSETS 765,244
TOTAL LIABILITIE S AND NET ASSE TS $ 820,529 $
The accompanying notes are an integral pan of these linancial statements. 3 2022
Total Total
$ 488,34 1 $ 684,693
177,098 4 1,43 I
2,06 1 3,631
667,500 729,755
148,849 136, 188
4, 180 4, 180
$ 820,529 $ 870, 123
$ 17,485 $ 10,050
37,800 32,800
55,285 42,850
765,244 827,273
765,244 827,273
$ 820,529 $ 870, 123
Certified Public Accountants
Telephone (6 19) 563-0 145
Fax (6 19) 563-9584 • www.cwgcpa.com
DOWNTOWN EL CAJON BUSINESS PARTNERS, INC.

STAT EMENT OF ACTIVITIE S
For the Year Ended June 30, 2023 with Comparati ve Totals for the Year Ended June 30, 2022 2023
Without Donor With Donor
Restrictions Restrictions

REVENUE AN D OTH ER SUPPORT
Propert y Taxes $ 42 7,845 $
In Lieu Payments 132,604
Event Spo nsorship 13,500
Fundraisers and Other Event Revenu es 25 ,696
Miscellaneous Income 23 5
TOTAL REV ENUES AN D OTH ER SUPPORT 599,880

EXPENSES
Program Services
Econo mic Enhancem ents 347 ,275
Environmental Enhancements 198,550
Manageme nt Services 116,084
TOTA L EXPE NSES 66 1,909
Release of restrictio ns on net assets with dono r restrictions INCREASE (DECREAS E) I N NET ASSET S (62,029)
NET ASSETS - BEGI NN I NG OF YEA R 827,273
NET ASSET S - END O F YEAR $ 765,244 $
The accompanying notes arc an integral part of these financial statements. 4 2022
Tota l Total
$ 427,845 $ 439, 463
132,604 132,604
13,500 13,750
25,696 38,S 12
235
599,880 624,329
347,275 27 1,723
198,550 175,032
116,084 98,9 11
66 1,909 545 ,666
(62,029) 78,663
827,2 73 748,6 10
$ 765,244 $ 827,273
Certified Public Accountants
Telephone (6 19) 563 -0145
Fax (619) 563-958 4 • www.cwgcpa.com
DOWNTOWN EL CAJO N BUSINESS PARTNE RS, INC.

STATEMENT OF FUNCTIONAL EXPENSES
For the Year Ended June 30, 2023 with Comparative Totals for the Year Ended June 30, 2022 2023
Program Services
Economic Environmental Management
Enhancements Enhancements Services

EXPENSES
Accounting $ $ $ 4,908
Bank Charges 252
Depreciation 8,727 6, 105 2, 127
Equipment Rental
Event Sponsorship 37,083 1,000
Insurance 8,654 2, 160
Legal 24,555
Lease Expenses (Notes A & E) 9,000
Licenses and Fees 9,039 29
Marketing 17, 109 1,535
Memberships 30
Office 499 543
Outside Contract Services 255,324 191,445 38,179
Printing 999 296
Promotional 4, 154
Recertification 5,000
Settlement (Note F) 27,500
Supplies 5,657
TOT AL EXPENSES $ 347,275 $ 198,550 $ 116,084
The accompanying notes are an integral pan of these financial statements. 2022
Total Total
$ 4,908 $ 3,59 1
252 3 11
16,959 14,04 1
6,505
38,083 13,525
10,814 11,283
24,555 8,838
9,000 9,000
9,068 9,129
18,644 16,794
30 30
1,042 692
484,948 4 15,044
1,295 6,527
4, 154 2, 172
5,000 5,000
27,500
5,65 7 23, 184
$ 66 1,909 $ 545,666
Certified Public Accountant s
Telephone (6 19) 563-0145
Fax (6 19) 563-9584 • www.cwgcpa.com
DOWNTOWN EL CAJO N BUS INESS PARTNERS, INC.

STATEMENT OF CAS H FLOWS
For the Year Ended June 30, 2023 with Comparative Totals for the Year Ended Jun e 30, 2022 2023
Without Donor With Donor
Restrictions Restrictions
CASII FLOWS FROM OPER<\TING ACTIVITIES
Increase (Decrease) in Net Assets $ (62,029) $
Adjustments to Reconcile Net Income to Net Cash
Provided(Used) by Operating Activities:

Depreciation 16,959
Cash Pro vided(Used) by Changes in:

Accou nts Receivable (135,667)
Prepaid Expenses 1,570
Security Deposits
Accou nts Payable & Accrued Expenses 7,435
Accrued Recen ification Fees 5,000
CASH PROVIDED BY (USED FOR) OPER<\TING ACTIVITIES ( I 66,732)

INVESTING ACTIVITIES
Purchases of Property & Equipm ent (29,620)
DECREASE IN CASI-I AND CASH EQUIVALENTS ( 196,352)
C ash and Cash Equ iva lent s at Beginni ng of Year 684,693 CASI-I AND CASI-I EQUIVALENTS AT END OF YEAR $ 488,34 1 $ The accompanying notes are an integral pan of these financial statements. 6 2022
Total Total
$ (62,029 ) $ 78,663
16,959 14,04 1
( 135,667) 5,299
1,570 (455)
( 1,350)
7,435 (8,087 )
5,000 5,000
( 166,732) 93, 111
(29,620) (96,942)
(196,352) (3,831)
684,693 688,524
$ 488,341 $ 684,693
Certified Public Accounta nts
Telephone (6 19) 563-0145
Fax (6 19) 563-9584 • www.cwgcpa.com
DOWNTOWN EL CAJON BUSINESS PARTNERS, INC.

NOTES TO THE FINANCIAL STATEMENTS
June 30, 2023
NOTE A-NATURE OF ACT IVITrES AND SUMMA RY OF SIGNIFICANT ACCOUNTING POLICI ES:

I. Downtown El Cajon Business Partners , Inc . dba Downtown El Cajon Promen ade District ("The District") was incorporated under the laws of the State of California on May 16, 2011. The District has adopted a June 30 fiscal year end for reporting requirement s. The District was estab lished as a Prop erty Based Improve ment District (PBID ) und er Artic le XIJI(d) of the State Co nstituti on. The purpose of a PBID is to allow a group of real property owners to assess themse lves additional property taxes that is to be used to provide specific benefits for the prop erties and businesses located within the assessment district.

The District is gove rned by a boa rd of rea l propert y owners pursuant to Section 3665 0 and 3665 1 of the Streets and Highway Code of the State of California.

2. Downtown El Cajon Business Partners, Inc. is a Ca lifornia nonprofi t pub lic benefit organization whose purp ose is to create awareness about the downtown El Cajon, Ca liforn ia area and its associated businesses with enhanced services including:

3. a. Economic Enhan cements to keep and attract jobs, investment and new bu sinesses to downtown El Cajon.
b. Environmenta l Enhancements to visually impro ve downtown El Cajon and provide added sec urity.

Fin ancial Statement Prese ntation -Th e District report s informat ion regarding its financial pos ition and activities according to two classes of net assets; net assets without donor restr ictions and net assets with donor restriction s.

Net Assets w ithout Don or Restricti ons-are pa1i of the net assets that are not restrict ed by donor-imp osed stipulati ons, and which are available, at the discretion of man age ment and the Board of Director s for the District to utilize in any of its program s or supporting services.

Net Asse ts w ith Donor Restricti ons-Net assets resu lting from contributions and other inflo ws of assets whose use by the District is limited by donor-imp osed stipulati ons that either expire by passage of time or can be fulfilled and removed by actions of the District pursuant to those stipulation s. Whe n suc h stipulati ons end or are fulfilled , such net assets with donor restriction s are reclassified to net asse ts with donor restr ictions and reported in the statemen t of activities and changes in net assets . The District had no net assets with donor restriction s as of June 30, 2023.

4. Cas h & Cash Equ ivalents for purpo ses of the statement of cash flows, include cas h o n hand , cash in check ing and sav ings account s with bank s. All short-term debt securities with a maturit y of three month s or less are considered cash equi valen ts.
7 Certifie d Public Accountants
Telephone (6 19) 563-0 145
Fax (6 19) 563-9584 • www.cwgcpa.com
DOWNTOWN EL CAJON BU SINESS PARTNERS, INC.

NOTES TO THE FINANC IAL STATEMENTS
Jun e 30, 2023
NOTE A-NATURE OF ACTIVIT IES AND SUMMA RY OF SIGN IFICANT ACCOUN TING POLICIES -CON' T:

5. Acco unts Receivab le consisted primar ily of amounts due from the City of El Cajon. Management determin ed that all rece ivab les at yea r end are co llectab le. No allowance for doubtfu l accounts was cons idered necessa ry at June 30, 2023 and 2022.

6. Use of Estimates -The preparati on of fin ancial statem ents in conformity with generally accepted accounting principles require s management to make estimat es and assumptions that affect the reported amo unts of assets and liabil ities and disc losure of cont ingent assets and liab ilities at the date of the financial statements and the reported amounts of reve nues and expenses durin g the repo1t ing period. Actual results could differ from the estimates.

7. Re venue Reco gnition-Prop erty Taxes represent assessments lev ied against prope1ty owners located w ithin the district to pro vide the spec ial benefits described in Note A2. The assess ments are based on the squar e footage of the bui lding and lots. The tax rates assessed are determ ined by the locat ion of the rea l property withi n the district and the presumed benefit s rece ived , with those rea l prop e1ties receiving a greater benefit being char ged a higher tax rate. Prop erty tax reven ue is recog nized in the fisca l yea r that taxes are levied , provided that the taxes are rece ived within 60 days of the end of the fisca l year. Property taxes rece ived 60 days after year end or later are not considered ava ilab le as a reso urce for the current year opera tions of the district and therefo re are not reco rded as reve nue until co llected. For the yea rs ended June 30, 2023 and 2022, all levied prop erty taxes were rece ived with in 60 days of the fiscal year end.

8. 9.

In Lieu Prop erty Tax Payments repre sent payments received from the City of El Cajon , the County of San Dieg o and other state and federal governmenta l agencies on real estate owned by these governmental bod ies within the District and that are not normal ly asse ssed prope1ty taxe s on prop erties owned. The Distri ct reco rds as revenue in the fiscal yea r ea rned. Any payments rece ived in advance are recorded as defe rred revenue until earned.

Eve nt Sponsorship repre sents revenue s rece ived from spec ial eve nt spo nsors and are recognized when earned.

Fundrai sers and Other Eve nt reve nues represent reve nues received from fund raising and special events and are reco gnized when earned.

Concentration of Cas h and Cred it Risk-T he District mainta ins depo sits in financial institutions that at times may excee d the insured amount of $25 0,000 provided by the U.S. Federa l Deposit Insurance Co rporati on (FDIC). At year end, the District's uni nsured cas h balance tota led $267,69 1.

Adve rtising Costs-The District follows the pol icy of charging the costs of advert ising to expen se as incurred. The District incurred no advertis ing expenses for the yea rs ended Jun e 30, 2023 and 2022, respective ly.
8 Certified Public Accountants
Telephone (619) 563-0145
Fax (6 19) 563-9584 • www.cwgcpa.co m
DOWNTOWN EL CAJON BUSINESS PARTNERS , INC .

N OTES TO THE FINANCIAL STATEMENTS
June 30, 2023
NOTE A-NATURE OF ACTIVITIES AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES-CON 'T:

10. II.

12. Lea ses-Effective July I, 2022, the District adopte d the req uirements of Fina ncial Account ing Standards Board ("F ASB ") Accou nting Standards Update ("ASU") 2016-02 "Leases (Topic 842)" and all related ame ndments. The District elected to app ly the practical exped ient of forego ing the resta tement of comparative periods . In addition , the District electe d the practical expe dients permitted under trans ition guidance to not reassess leases entered into prior to adoption. As permitted under ASC 842, the District made an accounting pol icy election to exe mpt leases w ith an initial term of 12 month s or less from stateme nt of financial pos ition recogniti on. Instea d, short-term leases are expe nsed over the lease term with no impact to the statement of financia l pos ition. Under this approac h, operat ing leases are measured and recorded as operat ing leases as of Ju ly I, 2022 and existing capita l leases are carried over at their carrying value and class ified as financ e leases. The District's operating lease at June 30, 2023 is a short-term lease and has been elected to be exempt from stateme nt of financia l position recog nition. The District had no finance leases as of June 30, 2023.

Property and Equipment are record ed at cost, or if donated, at approximate value at the date of the gift. The District 's policy is to cap italize fixed asset purcha ses in excess of $500. The straight line method of deprec iation is followe d for financia l reporting purposes and for federal income tax purposes. Depreciation is provided in amounts suffic ient to relate the cost of assets to operati ons ove r their estimated service lives or the lives of the respective leases , whichever is sho rter.

Ma intenance and repair s are charged to expe nse. Ga ins and losses on dispositions are credited or charged to earnings as incurred . Deprec iation is prov ided at rates based on the fo llowing esti mated useful lives:

Lease hold Improveme nts
Furnitur e and Eq uipm ent
39 years
3-7 yea rs
Depr eciation expense fo r the years ended Jun e 30, 2023 and 2022 tota led $ 14,04 1 and $13,772, respective ly.

Functi onal Allocat ion of Expe nses-Co sts to prov ide various act1v1t1es and programs have been summari zed on a functiona l basis in the statement of functio nal expe nses. Direct costs are allocated to the activities that incurr ed the costs. Genera l and othe r ce11ain cost s are allocated among the programs that received the benefit s.

13. Contribute d Services -Durin g the yea r ended Jun e 30, 2023, the value of con tribute d serv ices meeting the requirem ents for recogn ition in the financia l statement s were not materia l and ha ve not been recorded . In add ition, many individua ls vo lunteer their time and perfor m a variety of tasks that assist the distr ict at its events , but these services do not meet the criteria for recog nition as contr ibuted services.
9 Certified Public Accoun tants
Telephone (6 19) 563-0 145
Fax (619) 563-9584 • www.cwgcpa.com
DOWNTOWN EL CAJON BUSINESS PARTNERS, INC .

NOTES TO THE FINANCIAL STATEMENTS
June 30, 2023
NOTE A-NATURE OF ACTIVITIES AND SUMMARY OF SIGNIFI CANT ACCOUN TIN G POLI CIES-CON'T:

14. Fair Value of Financial Instruments-Financial Acco unting Standards Board (FAS B) Accou nting Standards Codificat ion (ASC) Topic 820, "Fair Value Measurements and Disclosures", defines fair value as the price that would be rece ived upon sale of an asset or paid upon transfer of a liability in an orderly transact ion betwee n market part icipants at the measureme nt date and in the principal or most advantageo us market for that asset or liability. The fair value should be calculated based on assump tions that market participants would use in pric ing the asset or liability, not on assumpti ons spec ific to the entity.

Cas h and Cash Equivalents. Acco unts Rece ivable. Prepaid Expenses, Accou nts Payab le and Accrued Liabilities-The carrying amo unts reported on the statement of financ ial position for these items are a reasonable est imate of fair value.

NOTE B-INCO ME TAXES:

The District is exe mpt from federa l income taxes under Section 50 I ( c )(6) of the Internal Reve nue Code and state income taxes under Section 2370 I (d) of the California Reve nue Taxat ion Code. Acco rdingly, no provision for income taxes has been made in the acco mpanying financial statements.

The District adopted the provisions of FASB ASC Top ic 740- 10, "Income Taxes" regarding accou nting for uncertain income tax positions. Management is not awa re of any tax positions that are more likely than no to change in the next 12 months, or that would sustain an examination by applicable taxing authorit ies.

The District recognizes pena lties and interest arising from uncertain tax positions as incurred in the statement of activities, which tota led $0 and $0, during the yea rs ended June 30, 2023 and 2022, respec tively.

The federa l and state income tax returns of the District are subjec t to exa mination by the IRS and state taxing authorities, genera lly for three years after they are filed.

N OTE C-PROPERTY AN D EQU IPMENT:

At June 30, 2023 and 2022, the District had the followi ng property and equ ipment:

Furniture & Equipment
Leasehold Improvements
Total
Acc umu lated Depreciation
Net Property & Equipment
$
$
10 2023
244,622
92,390
337 ,0 12
(188, 163)
148,849
$
$
2022
2 15,002
92,390
307 ,392
( 171,204)
136, 188
Cert ified Public Accoun tants
Telephone (619) 563-0 145
Fax (6 I 9) 563-9584 • www.cwgcpa.co m
DOWNTOWN EL CAJON BUSINESS PARTN ERS, INC.

NOTES TO THE FINANCIAL STATEME NTS
June 30, 2023
NOTE D-S VBSEOVENT EVEN T:

In preparin g thes e finan cial statement s, the District has eva luated events and transactions for potential recogn ition or disclosure through August 7, 2023 , the date the financial statements were ava ilable to be issued. There were no subsequent events that requiring adju stments to and disclosures in the financial statements as of and for the year ended June 30, 2023.

NOTE E-LEASES:

As of June 30, 202 3, the District leases office faci lities on a month-t o-month bas is. Lease rent al expe nse totaled $9,000 for the year ended June 30, 2023. T he office lease is classified as short-term based on its terms.

NOTE F-LITIGATION:

On March 8, 2023, the District , as the defe ndant, settled a claim in the amou nt of $27 ,500 in which the plaintiff claimed that the District violated the Ralph M. Brow n act regarding the noticing, conducting of meet ings and approv ing act ions .

NOTE G-DISTRJCT RECERTIF ICATION /SIGN IFICANT EVENTS:

The El Cajon City Council adopted a resol ution for the recertification of the El Caj on Prop erty and Business Improvement Distric t. The duration of the recertification is IO yea rs beginnin g on January I , 20 17. In five yea rs, the Downtown El Cajon Business Partner s and downtown prop erty owne rs will und ertake a rev iew of the Manage ment District Plan and PBID programs. Any new or increased assessme nts that are not consis tent with the provisions of the current Management Di strict Plan will requir e a new mail ballot process.

Management has estimated recertificat ion costs to be as much as $50 ,000 and is acc ruing $5,000 per year towa rd these costs .

NOTE H-F AIR VALVE MEASUREMENTS:

FASB ASC Top ic 820 specifies a hiera rchy of va luation technique s based upon whether the input s to those valuation tec hnique s reflect ass umpti ons other market partic ipants wou ld use based upon market data obtained from indep endent so urces (observable inputs). In acco rdan ce with F ASB ASC Top ic 820, the fo llowing summ arizes the fair value hiera rchy:

Leve l I Input s- Unadju sted quoted market pric es for identi cal assets and liabiliti es in an active market that the Compa ny has the ab ility to access .

Leve l 2 Input s- Input s other than the quoted prices in active market s that are observab le either directl y or indirect ly.
11 Certified Public Accountants
Telephone (619) 563-0145
Fax (6 19) 563-9584 • www.cwgcpa.com
DOWNTOWN EL CAJON BUSI NESS PARTNERS , INC.

NOTES TO THE FINANC IAL ST A TEMENTS
June 30, 2023
NOTE 1-1-F AIR VALUE MEASUREMENTS-CON'T:

Level 3 Input s-Input s based on prices or valuation techniqu es that are both unob servabl e and significant to the overa ll fair value meas urement s.

FASB ASC Top ic 820 requir es the use of observa ble market data , when available, in makin g fair value measurement s. When inputs used to mea sure fair value fall within different leve ls of the hierarchy , the level within which the fair value meas urement is categor ized is based on the lowest leve l input that is significant to the fair va lue measurem ents. Valuation technique s used need to maximize the use of observabl e input s and minimize the use of unobser vable inputs.

As of June 30, 2023, there were no assets and liabi lities mea sured at fa ir value.

N OTE I-RETIREMENT PLAN :

The District does not have any emp loyees, and currently, does not spo nsor any retirement plans.

N OTE J-NET ASSETS WITHOUT DON OR RESTR ICTIONS :

The Di strict has severa l board policie s that affect the prese ntation of board designation s on net asse ts. As of June 30, 2023, the Board of Direct ors designated self-imp osed restricti ons on the use of net assets w ithout dono r restricti ons for the district recertificati on (Note G) in the amounts of $37,800 .

NOTE K-LIO UIDITY AN D AVAILABILITY OF FINANC IAL ASSETS :

The following reflect s Downtow n El Caj on Bus iness Partn ers, Inc. financial assets as of the balance sheet date , red uced by amounts not avai lable for genera l use within one yea r of the balance sheet date because of donor or se lf-im posed restrict ions.

Cash and Cash Equivalents
Accounts Receivabl e
Tota l Fina ncial Assets
Subtract: Financ ial assets not available for
general expenditures due to se lf-imp osed
restrictions
Financial assets availab le to meet cash needs
for genera l expenditur es within one yea r
12 $
$
488 ,34 1
177,098
665,439
37,800
627 ,639
Certified Public Accountants
Telephone(619) 563-0145
Fax (619) 563-9584 • www.cwgcpa.co m
DO WNTOWN EL CAJON BUSINESS PARTNE RS, INC.

NOTES TO THE FINANC IAL STATEMENTS
June 30, 2023
NOTE L-NEW AC CO UNTING STAN DARD S:

In March 201 6, the F AS B issued ASU 201 6-02 , "Leases (Topic 842) ", which prov ides guidance for accounting for leases. ASU 20 16-02 requi res lesse es to classify leases as either finance or operating leases and to reco rd a right-of-use asset and a lease liabilit y for all leases with a te1m grea ter that 12 months rega rd less of the lease class ificat ion. The lease class ification w ill determine whether the lease expense is recognized based on an effective inter est rate method or on straight-line basis over the term of the lease .

Acco unting for lessors remains large ly unchanged from current GAA P.

Effective Ju ly I, 2022 , the District adopted the requiremen ts of ASU 20 16-02 and all related amend ments.

The impact of the ado ption of ASU 20 16-02 in the District's financial statements are prese nted in Notes A & E.
13 Cert ified Public Accountants
Telephone (6 19) 563-0145
Fax (6 19) 563-9584 • www.cwgcpa .com
Client:

Engagement:

Trial Balance:

Workpaper:

Account
43594 - Downtown El Cajon Business Partners, Inc.

AUD • 6130/23-Downtown El Cajon Business Partners, Inc.

TB
3700.01 - Adjusting Journal Entries Report
Description
Adjusting Journal Entries JE # 1
TIE TO 6/30/2022 ISSUED STATEMENTS
1350 PREPAID EXPENSES
1420 EQUIPMENT
1430 LEASEHOLD IMPROVEMENTS
1100 ACCOUNTS RECEIVABLE
1500 ACCUMULATED DEPRECIATION
2000 ACCOUNTS PAYABLE
3200 UNRESTRICTED NET ASSETS
5600-MNGT OFFICE EXPENSE
Total
Adjusting Journal Entries JE # 2
RECORD PBID ALLOCATIONS #7 - #12 RECEIVABLE
1100 ACCOUNTS RECEIVABLE
1100 ACCOUNTS RECEIVABLE
1100 ACCOUNTS RECEIVABLE
1100 ACCOUNTS RECEIVABLE
1100 ACCOUNTS RECEIVABLE
1100 ACCOUNTS RECEIVABLE
4400-MNGT PBID TAX INCOME
4400-MNGT PBID TAX INCOME
4400-MNGT PBID TAX INCOME
4400-MNGT PBID TAX INCOME
4400-MNGT PBID TAX INCOME
4400-MNGT PBID TAX INCOME
Total
Adjusting Journal Entries JE # 3

TIE TO PBC AP SCHEDULE
2000 ACCOUNTS PAYABLE
5540-CCC MARKETING
Total
Adjusting Journal Entries JE # 4
TIE TO 6/30/23 PREPAID EXPENSES
5620-COP
1350
5500-MNGT
Total

OUTSIDE CONTRACT SERVICES

PREPAID EXPENSES

INSURANCE
Adjusting Journal Entries JE # 6

RECLASS MISPOSTING OF BANK REIMBURSEMENT FOR LOST CHECK 5270-MNGT
5510-MNGT
Total

BANK CHARGES

LEGAL EXPENSE
Adjusting Journal Entries JE # 6

RECLASSIFY SETTLEMENT
5515-MNGT
5510-MNGT
Total

SETTLEMENTS

LEGAL EXPENSE
W/P Ref Debit
1,646.01
5,297.55
88,399.56
95,343.12
750.99
5,343.09
11,016.86
24,701.55
37,154.75
86,575.92
165,543.16
503.00
503.00
2,150.00
2,150.00
1,190.00
1,190.00
27,500.00
27,500.00
8/11/2023
2:46 PM
Credit
5,021.58
27,813.00
503.00
62,005.29

0.25 96,343.12
750.99
5,343.09
11,016.86
24,701.55
37,154.75
86,575.92
165,543.16
503.00
503.00
1,570.26
579.74
2,160.00
1,190.00
1,190.00
27,500.00
27,500.00
1 of 2
Client:

Engagement:

Trial Balance:

Workpaper:

Account
43594 - Downtown El Cajon Business Partners, Inc.

AUD - 6130123-Downtown El Cajon Business Partners, Inc.

TB
3700.01 - Adjusting Journal Entries Report
Description
Adjusting Journal Entries JE # 7

RECORD CURRENT YEAR DEPRECIATION
5400-BEAU
5400-C&S
5400-COP
5400-l&M
5400-MNGT
5400-SPE
1500
Total

DEPRECIATION

ACCUMULATED DEPRECIATION
W/P Ref Debit
4,286.00
1,819.00
7,815.00
418.00
2,127.00
494.00
16!959.00
8/11/2023
2:46 PM
Credit
16,959.00
16!959.00
2 of 2
Client: 43594 • Downtown El Cajon Business Partners, Inc.

Engagement:

Trial Balance:

AUD • 6130123-Downtown El Csjon Business Partners, Inc.

TB
Workpaper: 3600.01 - Financial Statement Grouping Report Account Description 1st PP-FINAL
6/30/2022
Group : [4100] Cash & Equivalents
Subgroup : [4100.· Cash and Equivalents
1030 FIRST CITIZENS 8971 SAVINGS 106,083,51
1040 FIRST CITIZENS BANK 523,551.54
1050 FIRST CITIZENS BANK-NON-PBID 54,662.68
1060 PETTY CASH 395.00
Subtotal (4100.00] Cash and Equivalents 684,692.73
Total (4100] Cash & Equivalents 684,692.73
Group : (4200] Receivables
Subgroup : (4200.· Accounts Receivable
1100 ACCOUNTS RECEIVABLE 41,431.35
UNADJ
06/30/2023
106,083.51
327,117.71
53,984.57
11155.00
488,340.79
488,340.79
16,576.34
JE Ref#
AJE-1
AJE-2
AJE-2
AJE-2
AJE-2
AJE-2
Subtotal (4200.00) Accounts Receivable
Total (4200) Receivables
---.,....,..,,..,-----....,..,,-=.,....,...,,_AJE-2
41,431.35 16,576.34
Group : (4400) Prepaid Expenses
Subgroup : [4400.· Prepaid Insurance
1350 PREPAID EXPENSES
Subtotal [4400.05) Prepaid Insurance
Total (4400) Prepaid Expenses
Current Assets
Group : (4600) Property, Plant and Equipment
Subgroup : (4600. Leasehold Improvements
1430 LEASEHOLD IMPROVEMENTS
Subtotal [4600.10) Leasehold Improvements
Subgroup : (4600. Machinery and Equipment
1400 FIXED ASSETS
1410 COMPUTER EQUIPMENT
1420 EQUIPMENT
1440 ORIGINAL COST
Subtotal (4600.25) Machinery and Equipment
Subgroup : [4600.-Accumulated Depreciation
1500 ACCUMULATED DEPRECIATION
Subtotal (4600.80) Accumulated Depreciation
Total (4600) Property, Plant and Equipment
Group : (4800) Other Long-Term Assets
Subgroup : (4800. Security Deposits
1300 DEPOSITS
1700 SECURITY DEPOSIT ASSET
Subtotal (4800.10] Security Deposits
Total (4800] Other Long-Term Assets
Non-Current Assets

TOTAL ASSET
41,431.35 16,576.34
3,631.26 1,985.25
AJE-1
AJE-4
3,631.26 1,985.25
3,631.26 1,985.25
729,755.34 506,902.38
92,389.56 3,990.00
AJE-1
92,389.56 3,990.00
31,731.76 31,731.76
7,424.45 7,424.45
172,478.78 196,800.73
AJE-1
3,368.00 3,368.00
215,002.99 239,324.94
(171,204.41) (143,391.41)
AJE -1
AJE-7
{171,204.41} {143,391.41}
136,188.14 99,923.53
2,850.00 2,850.00
1,330.00 1,330.00
4,180.00 4,180.00
4,180.00 4,180.00
140,368.14 104,103.53
870,123.48 611,005.91
AJE

0.00 0.00

0.00 0.00
160,521.58
(5,021.58)
24,701.55
11,016.86
86,575.92
37,154.75
750.99
5,343.09
160,521.58
160,521.58

75.75 1,646.01
,1,570.26}

75.75 75.75
160,597.33
88,399.56
88 399.56
88,399.56

0.00 0.00
5,297.55
5,297.55

0.00 5,297.55
(44,772.00)
(27,813.00)
'16,959.00}
{44,772.00}
48,925.11

0.00 0.00

0.00 0.00
48,925.11
209,522.44
8/11/2023
2:46 PM
FINAL
06/30/2023
106,083.51
327,117.71
53,984.57
1,155.00
488,340.79
488,340.79
177,097.92
177,097.92
177,097.92
2,061.00
2,061.00
2,061.00
667,499.71
92,389.56
92,389.56
31,731.76
7,424.45
202,098.28
3,368.00
244,622.49
(188,163.41)
{188,163.41}
148,848.64
2,850.00
1,330.00
4,180.00
4,180.00
153,028.64
820,528.35
1 of 4
Client: 43594 - Downtown El Cajon Business Partners, Inc.

Engagement:

Trial Balance:

AUD - 6130123-Downtown El Cajon Business Partners, Inc.

TB
Workpaper: 3600.01 - Financial Statement Grouping Report Account
Group : [5200) Accrued Llabllltles
Subgroup : [5200.· Accrued Expenses
Description
2000 ACCOUNTS PAYABLE
2140 FIRST CITIZENS CREDIT CARD 4610
Subtotal [5200.00) Accrued Expenses
Total [6200) Accrued Llabllltles
Current Liabllltles
Group : [5700) Reserves & Other LT Llabllltles
Subgroup : [5700.· Reserves
2500 ACCRUED RECERTIFICATION FEES
Subtotal [5700.00) Reserves
Total [5700) Reserves & Other LT Llabllltles
Non-Current Llabllltles

TOTAL LIABILITY
Group : [6100) Equity
Subgroup : [6100.· Unrestricted Net Assets
3200 UNRESTRICTED NET ASSETS
Subtotal [6100.00) Unrestricted Net Assets
Total [6100) Equity
Equity

NET (INCOME) LOSS

TOTAL EQUITY

TOTAL LIABILITY AND EQUITY
Group : [7100) Revenue
Subgroup: [7100.• Property Taxes
4400-MNGT PBID TAX INCOME
1st PP-FINAL
6/3012022
(9,TT9.60)
(270.55}
(10,050.15)
(10,060.15)
(10,050.15)
(32,800.08}
(32,800.08)
(32,800.08)
(32,800.08)
(42,850.23)
(748,610.00)
(748,610.00)
(748,610.00)
(748,610.00)
(78,663.25)
(827,273.25)
(870,123.48)
(439,462.83)
UNADJ
06/30/2023
(12,806.10)
(4,678.56}
(17,464.66)
(17,484.66)
(17,484.66)
(37,800.12)
(37,800.12)
(37,800.12)
(37,800.12)
(55,284.78)
(765,267.71)
{!65,267.71)
(765,267.71)
(765,267.71)
209,546.58
(555,721.13)
(611,005.91)
(262,301.58)
JE Ref#
AJE-1
AJE-3
AJE-1
AJE-2
AJE-2
AJE-2
AJE-2
AJE-2
Subtotal [7100.00) Property Taxes
Subgroup: [7100.· In Lieu Payments
__ ,..,..,.., __________ ..,.,,....,...,..,._,.,..AJE-2 (439,462.83) (262,301.58)
4300-MNGT PBID DIRECT INCOME
Subtotal [7100.01) In Lieu Payments
Subgroup: [7100.· Event Sponsorship
4500-CCC SPONSOR INCOME
4500-NS SPONSOR INCOME
Subtotal [7100.05] Event Sponsorship
Subgroup : [7100.· Fund Raiser & Other Event Rev
4600-CCC T SHIRT
4650-COP HAT SALES
4650-NS HAT SALES
4650-POL HAT SALES
4700-CCC VENDOR INCOME
4700-COP VENDOR INCOME
4700-FDF VENDOR INCOME
4700-HOM VENDOR INCOME
(132,604.14)
(132,604.14)
(13,750.00)

0.00 (13,750.00)
(7,748.00)
(5,383.36)

0.00 0.00
(3,299.50)
(2,450.00)
(9,286.20)
(3,860.13)
(132,604.14)
(132,604.14)
(11,500.00)
(2,000.00)
(13,500.00)
(5,600.00)
(13,896.45)
(754.00)
(3,108.00)
(1,438.00)
(900.00)

0.00 0.00
AJE

0.00 (503.00)
503.00

0.00 0.00

0.00 (62,005.29)
(621005.29)
(62,005.29)
(62,005.29)
(62,005.29)
(147,517.15)
(209,522.44)
(209,522.44)
(165,543.16)
(24,701.55)
(11,016.86)
(86,575.92)
(37,154.75)
(750.99)
(5,343.09)
(166,543.16)

0.00 0.00

0.00 8/11/2023
2:46 PM
FINAL
06/30/2023
(12,806.10)
(4,678.56}
(17,484.66)
(17,484.66)
(17,484.66)
(37,800.12)
(37,800.12)
(37,800.12)
(37,800.12)
(55,284.78)
(827,273.00)
(827,273.00)
(827,273.00)
(827,273.00)
62,029.43
(765,243.57)
(820,528.35)
(427,844.74)
(427,844.74)
(1321604.14)
(132,604.14)
(11,500.00)
(2,000.00)
(13,500.00)
(5,600.00)
(13,896.45)
(754.00)
(3,108.00)
(1,438.00)
(900,00)

0.00 0.00
2 of 4
8/11/2023
2:46 PM
Client: 43594 • Downtown El Cajon Business Partners, Inc.

Engagement: AUD • 6130123-Downtown El Cajon Business Partners, Inc.

Trial Balance: TB
Work paper: 3600.01 • Financial Statement Grouping Report Account Description 1st PP-FINAL UNADJ JE Ref# AJE FINAL 6/3012022 0613012023 06/30/2023
4700-POL VENDOR INCOME {61485.00} 0.00 0.00 0.00
Subtotal [7100.03] Fund Raiser & Other Event Rev 1381512.19} 1251696.45} 0.00 {251696.45} Subgroup : [7100.· Other Misc Income
4999-SPE UNCATERGORIZED INCOME 0.00 {235.00} 0.00 {235.00} Subtotal [7100.06] Other Misc Income 0.00 1235.001 0.00 1235.001 Total [7100] Revenue 16241329.16} 14341337.17} 11651543.161 15991880.33} Revenues 16241329.16} 14341337.17} {1651543.16} {5991880.331 Other Income 0.00 0.00 0.00 0.00
TOTAL REVENUE 16241329.16} {4341337.17} 11 ss,s43.1 s1 15991880.33} Cost of Sales 0.00 0.00 0.00 0.00
Group : [7300] Expenses
Subgroup : [7300: Management Services
5200-MNGT ACCOUNTING EXPENSE 3,591.00 4,907.76 0.00 4,907.76 5270-MNGT BANK CHARGES 220.00 (1,053.00) 1,190.00 137.00 AJE-5 1,190.00
5270-NS BANK CHARGES 90.80 114.56 0.00 114.56
5400-MNGT DEPRECIATION 2,018.00 0.00 2,127.00 2,127.00
AJE-7 2,127.00
5420-MNGT EQUIPMENT RENTAL 1,194.97 0.00 0.00 0.00
5500-MNGT INSURANCE 3,107.83 2,740.00 (579.74) 2,160.26 AJE-4 (579.74)
5510-MNGT LEGAL EXPENSE 8,837.56 53,245.36 (28,690.00) 24,555.36 AJE-5 (1,190.00)
AJE-6 (27,500.00)
5515-MNGT SETTLEMENTS 0.00 0.00 27,500.00 27,500.00
AJE-6 27,500.00
5520-MNGT LICENSES & FEES 4,254.00 29.00 0.00 29.00
5540-MNGT MARKETING 6,588.50 1,535.00 0.00 1,535.00
5600-MNGT OFFICE EXPENSE 692.45 543.58 (0.25) 543.33
AJE-1 (0.25)
5620-MNGT OUTSIDE CONTRACT SERVICES 50,751.46 37,993.87 0.00 37,993.87 5620-NS OUTSIDE CONTRACT SERVICES 3,222.80 185.00 0.00 185.00 5640-MNGT PRINTING 340.76 296.16 0.00 296.16
5660-MNGT RECERTIFICATION EXP ACCRUE 5,000.04 5,000.04 0.00 5,000.04 5680-MNGT RENT 9,000.00 9,000.00 0.00 91000.00
Subtotal [7300.01] Management Services 981910.17 1141537.33 11547.01 1161084.34 Subgroup : [7300.• Economic Enhancements
5400-COP DEPRECIATION 7,708.00 0.00 7,815.00 7,815.00
AJE -7 7,815.00
5400-l&M DEPRECIATION 418.00 0.00 418.00 418.00
AJE- 7 418.00
5400-SPE DEPRECIATION 0.00 0.00 494.00 494.00
AJE- 7 494.00
5420-POL EQUIPMENT RENTAL (53.89) 0.00 0.00 0.00
5440-CCC EVENT SPONSOR 600.00 3,107.10 0.00 3,107.10
5440-COP EVENT SPONSOR 0.00 611.78 0.00 611.78
5440-HOM EVENT SPONSOR 925.00 23,364.20 0.00 23,364.20
5440-MG EVENT SPONSOR 10,000.00 10,000.00 0.00 10,000.00 5500-CCC INSURANCE 0.00 1,968.00 0.00 1,988.00
5500-COP INSURANCE 0.00 3,821.00 0.00 3,821.00
5501-CCC INSURANCE-EVENT 4,829.00 2,318.00 0.00 2,318.00 5501-COP INSURANCE-EVENT 2,768.00 0.00 0.00 0.00
5501-POL INSURANCE-EVENT 578.00 547.00 0.00 547.00
5520-CCC LICENSES & FEES 0.00 4,882.00 0.00 4,882.00
5520-COP LICENSES & FEES 4,876.00 4,158.32 0.00 4,158.32 5540-CCC MARKETING 1,370.00 12,296.00 (503.00) 11,793.00 AJE-3 (503.00)
5540-COP MARKETING 925.00 0.00 0.00 0.00
5540-l&M MARKETING 7,859.84 5,315.84 0.00 5,315.84
5540-POL MARKETING 50.00 0.00 0.00 0.00
5560-CCC MEMBERSHIPS 30.00 30.00 0.00 30.00
3 of4
8/11/2023
2:46 PM
Client: 43594 - Downtown El Cajon Business Partners, Inc.

Engagement: AUD - 6130/23-Downtown El Cajon Business Partners, Inc.

Trial Balance: TB
Workpaper: 3600.01 - Financial Statement Grouping Report Account Description 1st PP-FINAL UNADJ JERef# AJE FINAL 6/30/2022 06/30/2023 06/30/2023
5600-l&M OFFICE EXPENSE 0.00 499.00 0.00 499.00
5620-CCC OUTSIDE CONTRACT SERVICES 79,772.38 104,472.00 0.00 104,472.00 5620-COP OUTSIDE CONTRACT SERVICES 84,669.81 94,956.96 2,150.00 97,106.96 AJE-4 2,150.00
5620-HOM OUTSIDE CONTRACT SERVICES 15,620.00 3,740.00 0.00 3,740.00 5620-l&M OUTSIDE CONTRACT SERVICES 0.00 7,850.00 0.00 7,850.00 5620-POL OUTSIDE CONTRACT SERVICES 27,907.40 42,154.97 0.00 42,154.97 5620-SPE OUTSIDE CONTRACT SERVICES 235.00 0.00 0.00 0.00 5640-CCC PRINTING 1,540.08 247.89 0.00 247.89
5640-COP PRINTING 4,381.93 425.68 0.00 425.68
5640-POL PRINTING 263.52 325.00 0.00 325.00
5650-CCC PROMOTIONAL 852.86 0.00 0.00 0.00
5650-COP PROMOTIONAL 1,318.90 4,154.11 0.00 4,154.11
5780-CCC SUPPLIES 6,529.91 4,948.94 0.00 4,948.94
5780-COP SUPPLIES 850.18 708.13 0.00 708.13
5780-HOM SUPPLIES 4,632.03 0.00 0.00 0.00
5780-POL SUPPLIES 110.60 0.00 0.00 0.00
5780-SPE SUPPLIES 155.83 0.00 0.00 0.00
Subtotal (7300.04) Economic Enhancements 2711723.38 3361901.92 101374.00 3471275.92 Subgroup : (7300.· Environmental Enhancements
5400-BEAU DEPRECIATION 283.00 0.00 4,286.00 4,286.00
AJE-7 4,286.00
5400-C&S DEPRECIATION 3,614.00 0.00 1,819.00 1,819.00
AJE-7 1,819.00
5420-BEAU EQUIPMENT RENTAL 1,682.08 0.00 0.00 0.00
5420-C&S EQUIPMENT RENTAL 3,627.77 0.00 0.00 0.00
5440-BEAU EVENT SPONSOR 2,000.00 1,000.00 0.00 1,000.00 5620-BEAU OUTSIDE CONTRACT SERVICES 25,570.00 26,465.00 0.00 26,465.00 5620-C&S OUTSIDE CONTRACT SERVICES 127,350.69 164,979.50 0.00 164,979.50 5780-BEAU SUPPLIES 9,980.65 0.00 0.00 0.00
5780-C&S SUPPLIES 924.17 0.00 0.00 0.00
Subtotal (7300.08) Environmental Enhancements 1751032.36 1921444.50 61105.00 1981549.50 Total (7300) Expenses 5451665.91 6431883.75 181026.01 6611909.76 Operating Expenses 5451665.91 6431883.75 181026.01 6611909.76 other Expenses 0.00 0.00 0.00 0.00
TOTAL EXPENSE 5451665.91 6431883.75 181026.01 6611909.76 NET (INCOME) LOSS {781663.25} 209,546.58 {1471517.15} 62,029.43 Sum of Account Groups 0.00 0.00 0.00 o.oo
4 of 4
City Council
Agenda Report
Agenda Item 9.

DATE: October 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Vince DiMaggio, Assistant City Manager
SUBJECT: Annual Report on the El Cajon Animal Shelter
RECOMMENDATION:

That the City Council receives the report from the San Diego Humane Society as an informational item.

BACKGROUND:

In 2020, the City of El Cajon contracted with the San Diego Humane Society (SDHS) to operate the City's animal shelter. Each year, the SDHS provides a report on the various programs and activities undertaken to serve the animals in the City. The report will be given by Michael Lowry, the Chief Financial Officer of the SDHS and will highlight issues such as the number of animals sheltered, vaccinations, spay and neuter services, and other community activities.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

Prepared By: Vince DiMaggio, Assistant City Manager
Reviewed By:

Approved By: Graham Mitchell, City Manager
Attachments
Fy 22-23 Report

El Cajon Total
Animals Helped

July 1, 2022 - June 30, 2023
City of
El Cajon
Annual
Report

*Spay/Neuter; Vaccinated/Microchipped; Owner Requested Euthanasia 2,799
Animals
Sheltered
2,600
Community
Services

ANIMALS SHELTERED 2,799
COMMUNITY SERVICES* 2,600

OCEANSIDE
CAMPUS
2905 San Luis Rey Road
572 Airport Road
Oceanside, CA 92058
619-299-7012

ESCONDIDO
CAMPUS
3500 Burnet Drive
Escondido, CA 92027
619-299-7012

SAN DIEGO
CAMPUS
5500 Gaines St.

San Diego, CA 92110
619-299-7012

5,399

EL CAJON
CAMPUS
1373 N. Marshall Ave.

El Cajon, CA 92020
619-299-7012

Animals Sheltered & Outgoing Animals

INCOMING DOGS
Stray: 697 Owner Surrender : 565 Seizure : 55

INCOMING CATS
Stray: 541 Owner Surrender: 634 Seizure: 14

INCOMING OTHER
Stray: 137 Owner Surrender: 150 Seizure: 6

OUTGOING DOGS
Adopted: 860 Returned to Owner: 295 Transferred Out: 57 Euthanized: 84 Other Outcomes: 9

OUTGOING CATS
Adopted: 954 Returned to Owner: 38 Transferred Out: 68 Euthanized: 90 Other Outcomes: 6

OUTGOING OTHER
Adopted: 215 Returned to Owner: 7 Transferred Out: 13 Euthanized: 15 Other Outcomes: 13 Community Services

LICENSES: 2,427

VACCINATIONS: 3,063 MICROCHIPS: 384

SPAY/NEUTER SURGER IES : 329 PUBLIC V ACCIN ATED/MICROCHIPPED ANIMALS : 1,858

Humane Law Enforcement

ENFORC EMENT ACTIVITIES
Priority 1: 455 Priority 2: 694 Priority 3: 62
Average Response Time: 52 minutes Average Response Time: 68 minutes Average Response Time: 216 minutes Priority 4: 235 Priority 5: 262
Average Response Time: 418 minutes Average Response Time: 39 minutes Total Calls: 1,708

BITE REPORTS : 75 NOTICE OF COMPLAINTS: 74 CITATIONS: 24 PARK PATROLS : 5 BARKING DOG CALLS : 126

July 1, 2022 - June 30, 2023

City Council
Agenda Report
Agenda Item 10.

DATE: October 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Graham Mitchell, City Manager
SUBJECT: Bonfire at Foothills Christian Church
RECOMMENDATION:

That the City Council considers the allowance of a bonfire at Foothills Christian Church on October 13, 2023.

BACKGROUND:

Foothills Christian Church has organized an event scheduled for Friday, October 13, 2023 (between 6:00 to 9:00 PM), which includes a bonfire to be held in the interior parking lot of their property. In pursuit of this plan, Foothills Christian Church has been connected with the City's Fire Department and Fire Department is determining conditions as it learns more about the event.

Applicable Municipal Code
A bonfire activity within the City is governed by El Cajon Municipal Code 8.04.010, titled "Burning restricted generally." This specific Code section, as it stands, prohibits bonfires, except under the following relevant conditions:

The burning is conducted within a gas combustion chamber.1.

The fire has obtained explicit permission from the City Council. The Code articulates that “Such permission shall be granted only upon a determination that unusual circumstances creating a hardship exist.”

2. The fire is contained within an exterior fireplace, barbeque device, or other burner designated for cooking or entertainment purposes.

3. As the proposed bonfire would not occur in a gas combustion chamber or in a fireplace or barbeque device, staff’s interpretation is that the City Council's authorization is required.

Considering the time of year and San Diego County's historical susceptibility to fires during October, the Fire Department’s expertise has been relied on during the planning of this event.

If the City Council were to grant permission for the bonfire, Fire Department conditions will be required, which could include up to having an overtime funded fire engine on standby duty and a fire inspector to inspect the site.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed bonfire activity is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA section 15304(e) because it is a minor temporary use of private land having negligible or no permanent effects on the environment.

Prepared By: Graham Mitchell, City Manager
Reviewed By:

Approved By: Graham Mitchell, City Manager
City Council
Agenda Report
Agenda Item 11.

DATE: October 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Mayor Wells
SUBJECT: Council Activity Report
RECOMMENDATION:

That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.

BACKGROUND:

Government Code Section 53232.3(d) requires members of a legislative body to provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. This City Administrative Activity is not a project and therefore not subject to CEQA.

REPORT:

Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:

September 21, 2023 – Spoke at Afghan Resettlement Rally – USS Midway September 30, 2023 – Mayor and Friends Benefit Concert
September 30, 2023 – Interview with Fox Business
September 20, 2023 – Interview with Newsmax
October 3, 2023 – Business Town Hall on Homelessness
October 4, 2023 – Senator Brian Jones Open House
October 5, 2023 – Volunteers in Medicine – San Diego, Inc. 20th Anniversary October 5, 2023 – Interview with Newsmax
October 10, 2023 – City Council Meeting(s)
I am available to answer questions.

Submitted By: Bill Wells, Mayor
City Council
Agenda Report
Agenda Item 12.

DATE: October 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Deputy Mayor Goble
SUBJECT: DEPUTY MAYOR STEVE GOBLE
MTS (Metropolitan Transit System Board); East County Advanced Water Purification Joint Powers Authority Board; Chamber of Commerce – Government Affairs Committee; SANDAG – Board of Directors – Alternate; SANDAG Public Safety Committee – Alternate.

RECOMMENDATION:

That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.

BACKGROUND:

REPORT:

Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:

September 26, 2023 - Emails with Santee Councilmember Hall re: Flock ALPR system September 26, 2023 - Emails with MTS Security Director re: El Cajon pilot event October 6, 2023 - Attend Chamber First Friday Breakfast October 6, 2023 - Volunteer at Oktoberfest
October 7, 2023 - Attend Dump Day
October 7, 202 - Volunteer at Oktoberfest
October 8, 2023 - Volunteer at Oktoberfest
October 9, 2023 - Meeting with City Manager
October 10, 2023 - Attend City Council Meeting(s)
I am available to answer questions.

Submitted By: Steve Goble, Deputy Mayor
City Council
Agenda Report
Agenda Item 13.

DATE: October 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Councilmember Kendrick
SUBJECT: COUNCILMEMBER GARY KENDRICK
METRO Commission/Wastewater JPA; Heartland Communications; Heartland Fire Training JPA.

RECOMMENDATION:

That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.

BACKGROUND:

REPORT:

Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:

October 10, 2023 - Attend City Council Meeting(s)
I am available to answer questions.

Submitted By: Gary Kendrick, Councilmember
City Council
Agenda Report
Agenda Item 14.

DATE: October 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Councilmember Metschel
SUBJECT: COUNCILMEMBER MICHELLE METSCHEL
Harry Griffen Park Joint Steering Committee; METRO
Commission/Wastewater JPA – Alternate; Heartland Communications – Alternate; Heartland Fire Training JPA – Alternate.

RECOMMENDATION:

That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.

BACKGROUND:

REPORT:

Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:

September 27, 2023 – Interview with Voice of San Diego
September 29, 2023 – Attend Opening ceremony for Oktoberfest in El Cajon September 30, 2023 – Attend Mayor Wells and Friends Benefit Concert October 3, 2023 – Attend Grossmont College Manufacturing Expo October 4, 2023 – Attend Senator Brian Jones Open House October 5, 2023 – Attend Volunteers in Medicine – San Diego, Inc. 20th Anniversary October 10, 2023 – Attend City Council Meeting(s)
I am available to answer questions.

Submitted By: Michelle Metschel, Councilmember
City Council
Agenda Report
Agenda Item 15.

DATE: October 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Councilmember Ortiz
SUBJECT: COUNCILMEMBER PHIL ORTIZ
League of California Cities, San Diego Division; East County Economic Development Council; MTS (Metropolitan Transit System Board) – Alternate; East County Advanced Water Purification Joint Powers Authority Board – Alternate; Chamber of Commerce – Government Affairs Committee – Alternate.

RECOMMENDATION:

That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.

BACKGROUND:

REPORT:

Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:

September 27, 2023 – Foothills Church Town Hall
September 29, 2023 – German American Societies of El Cajon Oktoberfest Opening Ceremony October 3, 2023 – Business Town Hall on Homelessness
October 10, 2023 – Attend City Council Meeting(s)
I am available to answer questions.

Submitted By: Phil Ortiz, Councilmember
City Council
Agenda Report
Agenda Item 16.

DATE: October 10, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Andre Sanchez, Building Official
SUBJECT: First Reading of the proposed Ordinance Amending Title 15 (Buildings and Construction) and adopting amendments to the California Building Code, 2022 Edition and the California Fire Code, 2022 Edition by Reference RECOMMENDATION:

That the City Council:

Introduces the Ordinance and holds first reading;1.

Requests the City Clerk to recite the title of the Ordinance; and2.

Directs the City Clerk to schedule a public hearing for a second reading and adoption of the Ordinance on October 24, 2023.

3. BACKGROUND:

Every three years, the California Building Standards Commission updates the California Building Codes for local adoption and implementation. The City Council last adopted applicable ordinances on November 8, 2022. Typically, in accordance with state law, local jurisdictions incorporate additional regulations that address special circumstances in the community or area provided. Such special regulations are based on geographical, topographical, climatic, or environmental findings. Local amendments to the model codes are proposed by amending Title 15, and adopting amendments to the California Building Code, 2022 Edition and the California Fire Code, 2022 Edition by Reference with the following:

Appendix O of the California Building Code makes reference to Emergency Sleeping Cabins, which was changed to Appendix P.

1. Appendix D of the California Fire Code limits the Fire Marshal's ability to approve infill developments. With the removal of Appendix D, the Fire Marshal will be able to incorporate fire access with flexibility while still compliant with the California Fire Code.

2. Clean up edits aligning Building and Fire code sections with those referenced in Title 15. 3.

Amending the California Building Codes requires the City to first introduce the proposed ordinance and then hold a public hearing for a second reading and ordinance adoption.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed Ordinances are exempt from environmental review, in accordance with the provisions of Section 15061(b)(3) of the California Environmental Quality Act (“CEQA”), as amended. The proposed Ordinances do not have the potential to cause a significant effect on the environment because the Building Codes ensure that property improvements meet the State of California’s health and safety requirements. New property improvements undergo their own environmental clearance when proposed.

Prepared By: Andre Sanchez, Building Official
Reviewed By: Anthony Shute, Director of Community Development Approved By: Graham Mitchell, City Manager
Attachments
Ordinance - Title 15

Page 1 of 3 ends

ORDINANCE NO. ____

AN ORDINANCE AMENDING SECTION 15.04.105 OF CHAPTER 15.04, AND SECTIONS 15.56.010, 15.56.070 AND 15.56.080 OF CHAPTER 15.56, OF TITLE 15 OF THE EL CAJON MUNICIPAL CODE; ADOPTING AMENDMENTS TO THE CALIFORNIA BUILDING CODE, 2022 EDITION AND THE
CALIFORNIA FIRE CODE, 2022 EDITION BY REFERENCE

THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS:

SECTION 1. The purpose of this ordinance is to update the minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public, and of the owners and occupants of residential buildings in the City of El Cajon (the "City"); maintenance of all buildings and structures within the city; and incidental matters relating thereto through the adoption of the California Building Code, 2022 Edition, with such modifications as set forth in Chapter 15.04 and Chapter 15.56 of the El Cajon Municipal Code.

SECTION 2. Pursuant to Health and Safety Code sections 17958.5 and 17958.7, the City Council makes the following finding: Local climatic, geographical and topographical conditions, specifically the terrain, excessively high temperatures during summer months, and parts of the spring and autumn months, rate of population growth, housing and occupancy conditions and needs, and the environment existing in the City constitute conditions which require that the California Building Code be modi fied as set forth herein.

SECTION 3. Section 15.04.105 of Chapter 15.04 of Title 15 of the El Cajon Municipal Code hereby repealed.

SECTION 4. A new section 15.04.105 is hereby added to Chapter 15.04 of Title 15 of the El Cajon Municipal Code to read as follows:

15.04.105 Appendix P "Emergency Housing."

Appendix P of the CBC, "Emergency Housing, " including sections P101 through P110 and each and every subsection contained therein, is hereby included in the building code for the city and is hereby adopted by reference as if fully set forth in this chapter.

SECTION 5. Section 15.56.010 of Chapter 15.56 of Title 15 of the El Cajon Municipal Code is hereby repealed.

SECTION 6. A new section 15.56.010 is hereby added to Chapter 15.56 of Title 15 of the El Cajon Municipal Code to read as follows:

15.56.010 California Fire Code, 2022 Edition— Adopted by reference.

The California Fire Code, 2022 Edition, excluding sections 111 and

Page 2 of 3 ends

113.4 of Chapter 1, but including Appendix Chapters 4, B, BB, C, CC, H, and O, as published by the International Code Council, is adopted by reference as the fire code of the city (the "fire code"), for protecting the interests of health, life, and safety as they relate to the use or occupancy of buildings or premises. All of the regulations, provisions, penalties, conditions and terms of the California Fire Code, 2022 Edition, are referred to, adopted and made a part of this chapter as though fully set out in this chapter, excepting such portions as are added, deleted, modified or amended by this chapter. The California Fire Code is referred to in this chapter as the "CFC," and one copy is on file in the office of the city clerk.

SECTION 7. Section 15.56.050 of Chapter 15.56 of Title 15 of the El Cajon Municipal Code is hereby repealed.

SECTION 8. A new section 15.56.050 is hereby added to Chapter 15.56 of Title 15 of the El Cajon Municipal Code to read as follows:

15.565.050 Section 111 amended—Board of Appeals.

Section 111 of the CFC is amended to read as follows:

Appeals Board. Appeals to the decisions or determinations made by the building official/fire marshal, or fire code official relative to the application and interpretation of the fire code adopted by the City, shall be heard in accordance with the board of appeals procedure as outlined in the California Building Code as amended by Chapter 15.04 of the El Cajon Municipal Code.

SECTION 9. Section 15.56.070 of Chapter 15.56 of Title 15 of the El Cajon Municipal Code is hereby repealed.

SECTION 10. A new section 15.56.070 is hereby added to Chapter 15.56 of Title 15 of the El Cajon Municipal Code read as follows:

15.56.070 Section 503.2.1 amended—Dimensions.

Section 503.2.1 of the CFC is amended to read as follows:

503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed improved width of not less than 20 feet, except that single family residential driveways not exceeding 150 feet in length from the public right-of-way and serving no more than two single family dwellings, shall have a minimum of 16 feet unobstructed improved width. Any of the following, which have separated lanes of one-way traffic: gated entrances with card readers; guard stations or center medians, are allowed, provided that each lane is not less than 14 feet wide. All fire apparatus access roads shall have an unobstructed vertical clearance of not less than thirteen feet six inches

Page 3 of 3 ends

(13′6″). Vertical clearance or road widths shall be increased when, in the opinion of the fire code official, vertical clearances or road widths are not adequate to provide fire apparatus access.

SECTION 11. Section 15.56.080 of Chapter 15.56 of Title 15 of the El Cajon Municipal Code is hereby repealed.

SECTION 12. A new section 15.56.080 is hereby added to Chapter 15.56 of Title 15 of the El Cajon Municipal Code to read as follows:

15.56.080 Section 5.03.2.2 added—Fire Lane Designation.

Section 503.3.2.2 of the CFC is added to read as follows:

503.2.2 Fire lane designation. Where the fire code official determines that it is necessary to ensure adequate fire access, the fire code official may designate existing roadways as fire access roadways as provided by Vehicle Code section 22500.1 (public) or 22658(a) (private).

SECTION 13. This ordinance shall go into effect thirty (30) days following its passage and adoption.

10/10/23 CC Agenda – 1st Reading
10/24/23 CC Agenda – 2nd Reading

Ord - Amend ECMC Title 15 – Chapters 15.04 & 15.56 (CBC & CFC) 100223 City Council
Agenda Report
Agenda Item 17.

DATE: October 10, 2023
TO: City Clerk
FROM: City Attorney/General Legal Counsel
SUBJECT: Closed Session - CONFERENCE WITH LEGAL COUNSEL -

ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of section 54956.9:

One (1) potential case
RECOMMENDATION:

That the following Closed Session be scheduled for the Joint City Council / Housing Authority / Successor Agency to the El Cajon Redevelopment Agency meeting on Tuesday, October 10, at 3:00 p.m.

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9:

Number of Potential cases: 1
Morgan L. Foley
City Attorney/General Legal Counsel

MLF:hms

El Cajon City CouncilOctober 10, 2023

El Cajon City Council
October 10, 2023