La Mesa City Council
February 13, 2024

LA MESA CITY COUNCIL
AGENDA

A Regular Meeting

Date: Tuesday, February 13, 2024, 6:00 p.m.

Location: City Council Chambers, 8130 Allison Avenue
La Mesa, California
Elected
Officials:

Mayor Mark Arapostathis
Vice Mayor Laura Lothian
Councilmember Patricia N. Dillard
Councilmember Colin Parent
Councilmember Jack Shu
City Treasurer Matthew Strabone
Staff: City Manager Greg Humora
City Attorney Glenn Sabine
City Clerk Megan Wiegelman
The City Council meeting may be viewed in-person or live on Cox Cable Channel 24 (within La Mesa City limits), AT&T U-Verse Channel 99 (in the San Diego Region), the City’s website (www.cityoflamesa.us), Facebook Live (www.facebook.com/lamesaca) or using the following Zoom Webinar options:

The public may view the meeting live using the following remote options:

Teleconference Meeting Webinar
https://us06web.zoom.us/j/84472650722
Telephone (Audio only)
(669) 900-6833 or (253) 215-8782 Webinar ID: 844 7265 0722 Copy and paste the webinar link into your internet browser if the webinar link does not work directly from the agenda.

PUBLIC COMMENTS
In-Person comments during the meeting: Join us for the City Council meeting at the time and location specified on this agenda to make your comments. Please complete a “Request to Speak” card and submit it to the Council Hostess. When the Mayor calls your name, step to the podium and state your name for the record. Comments will be limited to three (3) minutes.
•
Zoom Audio Comments: To provide oral public comments during the meeting, join the Zoom meeting by computer, mobile phone, or dial in number. On Zoom video conference by computer or mobile phone, use the “Raise Hand” feature. This will notify the moderator that you wish to speak during a specific item on the agenda or during non-agenda Public Comment. Members of the public will not be shown on video but will be able to speak when called upon. If joining the meeting using the Zoom dial-in number, you may raise your hand by pressing *9. Comments will be limited to three (3) minutes. No further comments will be entertained after the Mayor closes public comment. •
How to submit eComments: eComments are available once an agenda is published.

Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until 24 hours prior to the meeting. eComments are limited to 500 words. eComments may be viewed by the City Council and members of the public following the close of the eComment submission period (24 hours prior to the meeting). Email your comment to [email protected] if you have difficulty submitting an eComment. eComments will not be read aloud as a regular meeting item; however any member of the Council or member of the public may do so during their respective comment time. •
PLEASE NOTE: Public Comment will be limited to 3 minutes per item. The timer begins when the participant begins speaking. Time cannot by combined or yielded to another speaker.

Citizens who wish to make an audio/visual presentation pertaining to an item on the agenda, or during Public Comments, should contact the City Clerk’s office at 619.667.1120, no later than 12:00 p.m., the Monday prior to the meeting day. Advance notification will ensure compatibility with City equipment and allow Council meeting presentations to progress smoothly and in a consistent and equitable manner. Please note that all presentations/digital materials are considered part of the maximum time limit provided to speakers.

Agenda reports for items on this agenda are available for public review at the City Clerk's Office, 8130 Allison Avenue, during normal business hours.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 8130 Allison Avenue, during normal business hours.

ACCESSIBILITY: The City of La Mesa encourages the participation of disabled individuals in the services, activities and programs provided by the City. Individuals with disabilities, who require reasonable accommodation in order to participate in the City Council meetings, should contact the Administrative Services Department 48 hours prior to the meeting at 619.667.1175, fax 619.667.1163, or [email protected].

Hearing assisted devices are available for the hearing impaired. A City staff member is available to provide these devices upon entry to City Council meetings, commission meetings or public hearings held in the City Council Chambers. A photo i.d. or signature will be required to secure a device for the meeting.

Pages

1. CALL TO ORDER

1.1 INVOCATION - COUNCILMEMBER DILLARD

1.2 PLEDGE OF ALLEGIANCE

2. CITY MANAGER COMMENTS

3. COMMUNITY BULLETIN REPORTS

4. ADDITIONS AND/OR DELETIONS TO THE AGENDA

5. PRESENTATIONS

5.1 MAYOR'S STATE OF THE CITY REPORT 1

5.2 BUDGET MONITORING REPORT 2

5.3 CITY TREASURER'S QUARTERLY REPORT 14

5.4 BOARD AND COMMISSION WORK PLANS 23
• ARTS AND CULTURE COMMISSION
• COMMUNITY SERVICES COMMISSION
• PLANNING COMMISSION
• YOUTH ADVISORY COMMISSION

6. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
NOTE: In accordance with state law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take any action on the item at this meeting.

If appropriate, the item will be referred to Staff or placed on a future agenda.

7. CONFLICT DISCLOSURES

8. BOARD AND COMMISSION INTERVIEWS

8.1 ANNUAL INTERVIEW OF APPLICANTS FOR OPENINGS ON THE
CITY’S COMMUNITY POLICE OVERSIGHT BOARD
31 Staff Reference: Ms. Wiegelman

9. BOARD AND COMMISSION APPOINTMENTS

9.1 RESOLUTION APPOINTING A MEMBER TO FILL THE

UNSCHEDULED VACANCY ON THE ARTS AND CULTURE

COMMISSION
34 Staff Reference: Ms. Wiegelman
Recommended Motion:

Approve the appointment of Sherida Bonton to the Arts and Culture Commission and adopt Resolution confirming the appointment.

9.2 RESOLUTION APPOINTING A MEMBER TO FILL THE

UNSCHEDULED VACANCY ON THE DESIGN REVIEW BOARD
38 Staff Reference: Ms. Wiegelman
Recommended Motion:

Approve the appointment of Alison Morita to the Design Review Board and adopt Resolution confirming the appointment.

10. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which members of the Council or audience may pull items from the CONSENT CALENDAR for discussion. Public Comments are also invited on Consent Calendar items.

11. CONSENT CALENDAR
(Items 11.1 through 11.7)
The Consent Calendar includes items considered to be routine. Unless discussion is requested by members of the Council or audience, all Consent Calendar items may be approved by one motion.
*If a public hearing item is part of the Consent Calendar, the public hearing shall be deemed held if the item is not removed from the Consent Calendar for discussion and possible action (Item 11.7).

Recommended Motion:

Approve Consent Calendar Items 11.1 through 11.7.

11.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT

OF ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Recommended Motion:

Approve.

11.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETINGS HELD TUESDAY, JANUARY 9 AND JANUARY 23, 2024
42 Recommended Motion:

Approve.

11.3 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL SPECIAL MEETING HELD TUESDAY, JANUARY 23, 2024
55 Recommended Motion:

Approve.

11.4 HOMELESS OUTREACH AND MOBILE ENGAGEMENT (HOME)
PROGRAM QUARTERLY REPORT (OCTOBER 2023 - DECEMBER
2023)
57 Staff Reference: Chief Sweeney
Recommended Motion:

Receive and file.

11.5 RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO ENTER

INTO A MEMORANDUM OF AGREEMENT BETWEEN THE POLICE

DEPARTMENT AND THE SAN DIEGO COUNTY SHERIFF'S

DEPARTMENT FOR THE OPERATION STONEGARDEN GRANT
67 Staff Reference: Chief Sweeney
Recommended Motion:

Adopt Resolution.

11.6 RESOLUTIONS FOR A STATE REVOLVING FUND LOAN (NO. 8608- 110) WITH THE STATE OF CALIFORNIA
108
Staff Reference: Mr. Throne
Recommended Motion:

Adopt Resolutions.
a. RESOLUTION AUTHORIZING EXECUTION OF A LOAN
AGREEMENT (NO. 8608-110) WITH THE STATE OF

CALIFORNIA FOR A STATE REVOLVING FUND LOAN
Recommended Motion:

Adopt Resolution.
b. RESOLUTION ACCEPTING THE FUNDS FROM THE STATE
REVOLVING FUND LOAN (NO. 8608-110) AND

APPROPRIATING THE EXPENDITURE IN THE CAPITAL

IMPROVEMENT PROGRAM PROJECT ACCOUNT
Recommended Motion:

Adopt Resolution.

11.7 *RESOLUTION ORDERING THE SUMMARY VACATION OF AN

EASEMENT FOR PUBLIC SIDEWALK AND UTILITY PURPOSES
ENCUMBERING 4757 PALM AVENUE
179
Staff Reference: Mr. Throne
Recommended Motion:

Adopt Resolution.

12. STAFF REPORT

12.1 RESOLUTION AWARDING RFP 24-06 TO RICK ENGINEERING

COMPANY FOR PROFESSIONAL SERVICES FOR THE
PREPARATION OF PHASE 1 OF THE DOWNTOWN VILLAGE

SPECIFIC PLAN UPDATE
185
Staff Reference: Ms. Santos
Recommended Motion:

Adopt Resolution awarding a Professional Services Contract to Rick Engineering Company for Phase 1 of the Downtown Village Specific Plan Update.

13. COUNCIL INITIATED

13.1 CONSIDERATION OF DIRECTING STAFF TO DRAFT AN

ORDINANCE OR ORDINANCES LIMITING THE USE OF SINGLE USE

PLASTICS AND OTHER PRODUCTS WHICH ARE MAJOR

CONTRIBUTORS TO TRASH AND POLLUTION
239

COUNCILMEMBER DILLARD AND COUNCILMEMBER SHU

13.2 CONSIDERATION OF DIRECTING STAFF TO DRAFT A CITY POLICY

PROHIBITING SPONSORED EVENTS FROM PROVIDING, USING,

OR ALLOWING THE SALE OF PLASTIC BOTTLED WATER -

COUNCILMEMBER DILLARD AND COUNCILMEMBER SHU
240

14. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)

15. AB 1234 REPORTS (GC 53232.3 (d))

16. CITY ATTORNEY REMARKS

17. ADJOURNMENT
DATE: February 13, 2024
TO: Mayor and Members of the City Council
FROM: Grecia Aguilar, Communications Manager
VIA: Greg Humora, City Manager
SUBJECT: Mayor’s State of the City Report
Each year, the Mayor delivers a State of the City address to celebrate the community and showcase the City’s yearly accomplishments. Tonight’s State of the City video presentation provides an overview of the City’s ongoing progress made in 2023 and looks towards the future in continuing to deliver high-quality public services that enhance the quality of life for all.

DATE: February 13, 2024
TO: Mayor and Members of the City Council
FROM: Tammi Royales, Director of Finance
VIA: Greg Humora, City Manager
SUBJECT: Budget Monitoring Report FY24QTR2

2023-2024 Budget Monitoring Report
Quarter Ending December 31, 2023
E:\Budget Monitoring Reports-Presentations\2023-2024\2023-2024 Q1 BMR.docx

CITY OF LA MESA PAGE 1
BUDGET MONITORING REPORT QUARTER ENDING DECEMBER 31, 2023 The Finance Department produces the quarterly Budget Monitoring Report using month-end financial information from the City’s financial system, input from staff in City departments, and relevant information from local, regional, and national sources (e.g., newspapers, economists, League of California Cities, etc.).

If you are new to this report, we suggest that you start by first reviewing the Reader’s Guide located at the end of the document for information on the organization and layout of the report.

Please contact Tammi Royales at (619) 667-1122 if you have any questions, comments, or suggestions.

Table of Contents
Page
Executive Summary................................................................................................... 2 Resources .................................................................................................................. 7 Appropriations........................................................................................................... 8 Reserves..................................................................................................................... 9 Reader’s Guide .......................................................................................................... 10

CITY OF LA MESA PAGE 2
BUDGET MONITORING REPORT QUARTER ENDING DECEMBER 31, 2023

EXECUTIVE SUMMARY
This Budget Monitoring Report details and analyzes economic indicators and forecasts based on certain assumptions and published projections through the quarter ending December 31, 2023.

In the past, this report focused on economic factors across the nation that influenced the budget monitoring report. We are shifting focus by concentrating more on local factors that directly affect our economy that help the City prepare our annual budget and forecasts. This quarters report will focus on taxes and how we use data to better forecast future spending.

NATIONAL ECONOMIC INDICATORS AND FORECASTS
U.S. Leading Economic Index
The Conference Board Leading Economic Index® (LEI) for the U.S. fell by 0.1 percent in December 2023 to 103.1 (2016=100), following a 0.5 percent decline in November. The LEI contracted by 2.9 percent over the six-month period between June and December 2023, a smaller decrease than its 4.3 percent contraction over the previous six months. “The US LEI fell slightly in December, continuing to signal underlying weakness in the US economy,” said Justyna Zabinska-La Monica, Senior Manager, Business Cycle Indicators, at The Conference Board. “Despite the overall decline, six out of ten leading indicators made positive contributions to the LEI in December. Nonetheless, these improvements were more than offset by weak conditions in manufacturing, the high interest-rate environment, and low consumer confidence. As the magnitude of monthly declines has lessened, the LEI’s six-month and twelvemonth growth rates have turned upward but remain negative, continuing to signal the risk of recession ahead. Overall, we expect GDP growth to turn negative in Q2 and Q3 of 2024 but begin to recover late in the year.”

CITY OF LA MESA PAGE 3
BUDGET MONITORING REPORT QUARTER ENDING DECEMBER 31, 2023 Consumer Price Index
The Consumer Price Index for All Urban
Consumers (CPI-U) increased 0.3 percent
in December on a seasonally adjusted
basis, after rising 0.1 percent in November,
the U.S. Bureau of Labor Statistics
reported today. Over the last 12 months,
the all items index increased 3.4 percent
before seasonal adjustment.

The index for all items less food and energy
rose 0.3 percent in December, the same
monthly increase as in November. Indexes
which increased in December include
shelter, motor vehicle insurance, and medical
care. The index for household furnishings and operations and the index for personal care were among those that decreased over the month.

The all items index rose 3.4 percent for the 12 months ending December, a larger increase than the 3.1-percent increase for the 12 months ending November. The all items less food and energy index rose 3.9 percent over the last 12 months, after rising 4.0 percent over the 12 months ending November. The energy index decreased 2.0 percent for the 12 months ending December, while the food index increased 2.7 percent over the last year.

LOCAL ECONOMIC INDICATORS AND FORECASTS
Unemployment Rate
One statistic we look at is the overall
unemployment rate. The overall U.S.
unemployment rate doesn’t give a true reflection
of what is going on locally so we drill down to La
Mesa to better understand how unemployment is
impacting our local economy. The U.S. Bureau
of Labor Statistics reported that the total U.S.
nonfarm payroll employment slightly decreased
to 3.7 percent in December 2023. In comparison,
California’s unemployment rate rose from 4.7
percent to 5.1 percent. San Diego County has a more positive rate at 4.1 percent. La Mesa ended the year at 3.9 percent. As you can see from the chart, La Mesa is back in line with prepandemic unemployment rates.

CITY OF LA MESA PAGE 4
BUDGET MONITORING REPORT QUARTER ENDING DECEMBER 31, 2023 Local Sales Tax Allocations
Taxes are the main revenue source for our City. Many factors effect taxes including federal interest rates, inflation, valuation, supply chain, and consumer trends. The chart below shows tax earnings since FY09 with the
passing of Prop L. Property
tax revenue is based on sales
from the previous year and
may not be in alignment with
current economic conditions.

Sales tax is driven by sales at
the local level and online
sales which are part of the
County Pool. The opening of
a San Diego County
distribution center has
negatively impacted our
portion of the County Pool.

Prop L sales tax revenue is directly related to purchases made within the city limits. Cannabis tax seems to have stabilized for now. As additonal jurisdictions allow the retail sales of cannabis, these numbers will fluctuate. Other taxes are derived from citywide agreements with utilities such as refuse, cable tv, gas and electricity.

La Mesa’s receipts from July through
September were 2.6% below the third
sales period in 2022. However, after
adjusting for reporting modifications
such as audit adjustments and
delayed payments, actual sales were
down 1.2%.

General retail reflected a slowing in
consumer spending, edging down

4.2%. The City’s share of the
countywide use tax pool shrunk 4.1%
due to waning third-party auto and internet sales. Furthermore, a shift by online retailers to fill more internet orders from out-of-state locations to instate fulfillment centers resulted in some revenues moving out of the pools and into direct jurisdictions. Additionally, fuel prices dipped, and service station revenues dropped accordingly.

Voter-approved Measure L posted slightly lower results, as local consumers pulled back on retail and transportation-related spending.

STATE BUDGET
The state budget has an indirect effect on the City as we do not receive direct state funding. But there is a trickle-down effect on what resources the State allocates funding sources for or programs it cuts. With a projected $37.9 billion budget deficit, we are mindful of cuts to the budget and how it may affect La Mesa. One of the items that was discussed in Sacramento is how the

CITY OF LA MESA PAGE 5
BUDGET MONITORING REPORT QUARTER ENDING DECEMBER 31, 2023 transition to EV’s will reduce revenues from fuel tax. These funds pay for road repairs and maintenance. Local cities may have to use general funds to offset future revenue decreases. A proposed budget cut to community colleges will provide less funding for student services. Our proximity to Grossmont College tells us that this may impact La Mesa. Additional cuts have been proposed to climate programs, school arts, and public transit systems.

GENERAL FUND SUMMARY
General Fund Resources
General Fund revenues received through the second quarter of fiscal year 2023-2024 are in line with budget expectations at 38.3 percent. The General Fund’s major revenue sources, property tax and sales tax (both base sales & use tax and Proposition L transaction tax) are not received at regular intervals throughout the fiscal year, but rather towards the middle and end of the fiscal year with a final accrual received and recorded in mid-August. For this reason, revenue streams received from these sources through the second quarter of the fiscal year will not equate to 50 percent of the total annual revenues that are eventually received.

General Fund Resources
Through 50% of Fiscal Year
2023 - 2024
Budget¹
YTD Collected
(unaudited)
% of
Budget
Collected
YTD Collected
(unaudited)
% of
Budget
Collected
Revenues:

Taxes
Property Tax $ 18,610,380.00 $ 4,253,074.40 22.9% $ 814,000.00 4.4% Former Tax Increment (RDA) 300,000.00 - 0.0% - 0.0%
Sales 17,000,000.00 7,651,891.41 45.0% 5,567,335.00 32.7% Proposition L 12,500,000.00 4,983,092.72 39.9% 4,049,045.00 32.4% Cannabis Business Tax 2,500,000.00 732,818.00 29.3% 648,440.00 25.9% Other 3,207,680.00 1,105,980.57 34.5% 996,826.00 31.1%
Subtotal Taxes $ 54,118,060.00 18,726,857.10 34.6% 12,075,646.00 22.3% Licenses & permits $ 1,752,300.00 $ 1,016,403.33 58.0% $ 740,220.00 42.2% Fines, forfeitures & penalties 469,000.00 237,869.13 50.7% 92,430.00 19.7% Use of money and property 1,904,000.00 1,358,290.35 71.3% 550,970.00 28.9% Revenue from other agencies 1,530,750.00 786,829.39 51.4% 513,690.00 33.6% Service charges 2,534,150.00 1,314,051.28 51.9% 1,296,510.00 51.2% Other revenue 5,499,190.00 2,548,398.62 46.3% (94,400.00) -1.7% Total Revenues $ 67,807,450.00 25,988,699.20 38.3% 15,175,066.00 6.0% Other financing sources:

Interfund transfers in 3,090,200.00 489,886.60 15.9% 888,410.00 29% Interfund transfers out (2,448,450.00) - 0.0% (556,250.00) 23% Total other financing sources 641,750.00 489,886.60 76.3% 332,160.00 52% Plus: Fund Balance at July 1 50,122,196.00 50,122,196.00 100% 39,777,922.00 79% Total resources $ 118,571,396.00 $ 76,600,781.80 65% $ 55,285,148.00 47% ¹ Budget reflects any amendments approved by the City Council through end of the quarter Current Fiscal Tear Prior Year Comparison

CITY OF LA MESA PAGE 6
BUDGET MONITORING REPORT QUARTER ENDING DECEMBER 31, 2023  Overall, total general fund revenues are meeting budgetary expectations for the fiscal year but came in higher when compared to the same period last fiscal year.  The first large payment of property taxes is not received until the third quarter.

 Sales tax revenues received through the second quarter FY24 are meeting budgetary expectations and are above when compared to the same time last year  Proposition L sales tax revenues are meeting budgetary expectations and, consistent with base sales tax, are above the same time last fiscal year.  Cannabis Tax second quarter is due in January and will be reflected next report.  Other General Fund revenues, including licenses and permits, mostly due to building permit fees; revenue from other agencies, and service charge revenue from recreation classes and engineering fees are within budgetary expectations.

General Fund Appropriations
 Most departments are at or slightly below expectations through 50 percent of the fiscal year.

CITY OF LA MESA PAGE 7
BUDGET MONITORING REPORT QUARTER ENDING DECEMBER 31, 2023 General Fund Reserves
The estimated available reserves for the current fiscal year 2023-2024 are $50,122,196 The City Council’s reserve policies formally establish two General Fund reserve targets: a Rainy Day Reserve target of 15 percent and an additional Cash Flow Reserve target of 25 percent.

Because of the additional Proposition L Sales Tax revenues, a projected small but steady recovery of base sales and property taxes, the General Fund reserves are projected to meet both the 15 percent Rainy Day Reserve target and the additional Cash Flow Reserve target of 25 percent in fiscal year 2023-2024.

CONCLUSIONS
As we head into the mid-biennium budget update for Fiscal Year 2025, we pay more attention to our local economy and how we are seeing sales tax allocations coming in. This helps us to gauge the market and make changes as needed. Other concerns are what is happening in the Middle East, the continuing crisis in Ukraine, the upcoming Presidential election and continuous high federal interest rates. La Mesa has strong reserves to whether possible storms and will continue on the path of responsible government decisions.

Forcasted
FY 20-21 FY 21-22 FY 22-23
Final Budget
FY 23-24
Final Budget FY
24-25
Available Reserves at June 30 36,598,856.00 42,293,571.00 50,122,196.00 41,920,331.00 36,826,970.00 Reserves as % of Operating
Expenditures

69.6% 61.6% 79% 59% 57%
Source of Revenues:

Property Sale (Police Station) 3,050,000.00 3,050,000.00 3,050,000.00 3,050,000.00 3,050,000.00 Property Sale (Other land) 4,000,000.00 4,000,000.00 4,000,000.00 4,000,000.00 4,000,000.00 Proposition L Revenues 10,900,549.00 11,900,000.00 10,301,000.00 12,500,000.00 12,656,300.00 Reserves from Operations 18,648,307.00 23,343,571.00 32,771,196.00 22,370,331.00 20,687,757.00 Total Ending General Fund Reserves 36,598,856.00 42,293,571.00 50,122,196.00 41,920,331.00 40,394,057.00 Actuals

CITY OF LA MESA PAGE 8
BUDGET MONITORING REPORT QUARTER ENDING DECEMBER 31, 2023 READER’S GUIDE
Managing a municipality the size of La Mesa is, in many ways, like managing a for profit corporation. Instead of focusing upon bottom-line profits, La Mesa managers must skillfully steward public dollars and ensure the effectiveness and efficiency of the City’s operations. They must live within legislatively approved budgets that are reviewed by residents, business leaders, and others interested in the City.

Like private corporations, public entities report their financial condition on a regular basis.

Corporations make reports to stockholders while public entities report to their “stakeholders” -- the individuals and organizations that have a “stake” in the entity’s operations.

In addition to an annual financial report and biennial budget document, the City of La Mesa publishes a quarterly Budget Monitoring Report to provide stakeholders with current information about the City’s financial condition and performance in the essential areas of the City’s operations.

This report is designed to give the reader a sense of how well La Mesa is doing fiscally and what its current successes or challenges might be. It includes a high level overview of the City’s financial condition followed by more detailed information on resources and expenditures for those readers who are interested in going beyond the bottom line.

This Reader’s Guide has been developed to assist you in reviewing the City of La Mesa’s quarterly Budget Monitoring Report. It highlights the type of information contained in each section and presents a glossary of commonly used budget terms.

Please contact Tammi Royales at 619.667.1122 if you have any questions, comments, or suggestions.

CITY OF LA MESA PAGE 9
BUDGET MONITORING REPORT QUARTER ENDING DECEMBER 31, 2023

QUARTERLY BUDGET MONITORING REPORT ORGANIZATION
Executive Summary – A broad level overview of the City of La Mesa’s current financial condition.

It begins with comments on the economy, followed by a summary financial table and graph along with any comments highlighting resources and expenditures.

Resources – A more detailed discussion of revenue collections and other resources supporting the City’s expenditures. Included in the discussion is a financial table showing the current year’s budget, year-to-date collections, and calculated percent of budget collected. The discussion also includes comments on the significant factors and conditions affecting these items.

Appropriations – A more detailed discussion of expenditures and reserves. Included in the discussion is a financial table showing the current year’s budget by department, year-to-date expenditures, and calculated percent of budget expended. The discussion also includes comments on the significant factors and conditions affecting these items.

Reserves - Commentary on estimated ending fund balance and its relationship to reserve targets.

Included is a table displaying historical ending fund balance related to reserve targets.

FUNDS NOT REPORTED ON
This report focuses on the General Fund which provides the majority of government services.

Other funds have been excluded from this report.

GLOSSARY
The following are definitions of some of the more common terms one may encounter in reviewing this document.

Accrual Basis – The basis of accounting under which revenues are recorded when they are earned and expenditures are recorded when they result in liabilities for benefits received.

Accrued Revenue – Revenue earned during the current accounting period but which is not collected until a subsequent accounting period.

Appropriation – Amount authorized for expenditure by the City Council.

Beginning Fund Balance – An account used to record resources available for expenditure in one fiscal year because of revenues collected in excess of the budget and/or expenditures less than the budget in the prior fiscal year.

Budget - A financial operating plan for a given period which displays the expenditures to provide services or to accomplish a purpose during that period together with the estimated sources of revenue (income) to pay for those expenditures. Once the fund totals shown in the budget are appropriated by the City Council, they become maximum spending limits.

CITY OF LA MESA PAGE 10
BUDGET MONITORING REPORT QUARTER ENDING DECEMBER 31, 2023 Ending Fund Balance - An account used to record resources available at year end as a result of revenues collected in excess of the budget and/or expenditures less than the budget during the fiscal year. The City’s operating reserves are budgeted in the General Fund ending fund balance.

Expenditure – The payment for City obligations, goods, and services.

Fiscal Year – A twelve-month period designated as the operating year for accounting and budgeting purposes. The City of La Mesa’s fiscal year is July 1 through June 30.

Fund - Governmental accounting systems are organized and operated on a fund basis. A fund is an independent financial and accounting entity with a self-balancing set of accounts in which financial transactions relating to revenues, expenditures, assets, and liabilities are recorded.

Funds are established to account for the use of restricted revenue sources and, normally, to carry on specific activities or pursue specific objectives.

General Fund – The financial and accounting entity that comprises typical operations of a municipality such as police, fire, public works, and other departments.

Grants – A contribution by a government or other organization to support a particular function.

Grants may be classified as either operational or capital, depending upon the grantor.

M&O (Maintenance and Operating) Costs – Expenditure category that represents amounts paid for supplies and other services and charges.

Proposition L – The La Mesa Vital City Services Measure which was passed by voters on November 4, 2008 authorizing a ¾ cent local transactions and use tax (commonly referred to as a sales tax). This general purpose tax became effective on April 1, 2009.

Reserve – An account used either to set aside budgeted revenues that are not required for expenditure in the current budget or to earmark revenues for a specific future purpose.

Resources - Total dollars available for appropriation, including estimated revenues, interfund transfers, and beginning fund balances.

Revenue - Sources of income received during the fiscal year, operating transfers from other funds, and other financing sources such as the proceeds derived from the sale of fixed assets.

Revenues from Other Agencies – Funds received from federal, state, and other local government sources in the form of grants, shared revenues, and payments in lieu of taxes.

Taxes – Compulsory charges levied by a government for financing services performed for the common benefit of the people. This term does not include specific charges made against particular persons or property for current or permanent benefit, such as special assessments.

Trust Funds – Funds used to account for assets held by a government in a trustee capacity for individuals, private organizations, other governments, and/or other funds. Examples are pension trust funds, nonexpendable trust funds, and expendable trust funds.

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: February 13, 2024
SUBJECT: Treasurer’s Report for the Quarter Ending
December 31, 2023
ISSUING DEPARTMENT: Finance Department – City Treasurer

SUMMARY
PORTFOLIO VALUE:

The City’s portfolio ended the quarter with a market value of $72,718,913. This represents a discount of $2,551,277 from par value, or purchase price. As the City maintains an Investment Policy that follows a strict “buy and hold” strategy, there is no economic gain or loss upon call or maturity. The City’s securities continue to earn interest at the stated rates through the dates of redemption.

LIQUIDITY:

Liquidity meets the statutory requirements with $24,662,190 in LAIF for immediate availability. “LAIF” stands for Local Agency Investment Fund, and is operated by the California State Treasurer to act as an immediate-access account for local governments and special districts in California.

EARNINGS:

Investment earnings from the invested portfolio of government agency bonds, corporate securities, and certificates of deposit, but excluding LAIF, for the current quarter collected from October 1, 2023, through December 31, 2023, total $285,523, which represents an annualized rate of 2.26%. Investment earnings from LAIF for the current quarter total $238,885, which represents an annualized rate of 3.87%. Combined, investment earnings were $524,407, representing a total annualized rate of return of 2.79% for this quarter.

Please note that this represents interest payments and dividends actually earned by the City during the quarter, and may not necessarily reflect all interest payments and dividends payable to the City for the current quarter due to differing payment schedules and variable interest rates.

Report to Mayor and Councilmembers
Date: February 13, 2024
Page: 2 of 5
City’s Strategic Goal
To maintain a financially sound and affordable
city government
SAFETY
Federal Agencies
• Carry the implied guarantee of the United States government Corporate Securities
• The City’s Investment Policy requires ratings of Double A (AA) or better Certificates of Deposit
• Guaranteed by the FDIC to $250,000
Local Agency Investment Fund (LAIF)
• Managed by the California State Treasurer; consists primarily of U.S. Treasuries, government agency bonds, and other short-term investments.

LIQUIDITY
The City’s LAIF balance of $24,662,190 represents the City’s immediate cash and is

36.66% of the portfolio. Additionally, as investments mature, they can be reinvested at thencurrent rates or redeemed to provide additional operating cash. The invested portfolio of government agency bonds, corporate securities, and certificates of deposit has an average maturity of 2.5 years with $3,975,000 maturing within one year for added liquidity.

EARNINGS
As noted above, the City’s portfolio earned $524,407 this quarter, representing an annualized yield of 2.79%.

Report to Mayor and Councilmembers
Date: February 13, 2024
Page: 3 of 5

PORTFOLIO PROFILE
To achieve the City’s strategic goal, the City’s primary investment objectives, in order of priority, are: Safety, Liquidity, and Earnings. Key to each of these objectives is a well-diversified portfolio that minimizes credit and interest rate risk and provides necessary liquidity. The City’s portfolio is designed to meet these objectives as summarized in the following table which is presented at par values. This table represents the City’s holdings as of December 31, 2023:

Years to
Maturity
Government
Agencies
Corporate
Securities
Certificates
of Deposit LAIF Totals
%of
Portfolio
Interest
Rate
0 – 1 1,000,000 500,000 2,975,000 24,662,190 29,137,190 38.71% 2.76%* 1 – 2 7,000,000 0 2,464,000 - 9,464,000 12.57% 2.42%
2 – 3 16,000,000 1,000,000 2,977,000 - 19,977,000 26.54% 1.32% 3 – 4 9,000,000 0 3,958,000 - 12,958,000 17.22% 3.15%
4 – 5 1,750,000 0 1,984,000 - 3,734,000 4.96% 5.23%
Totals 34,750,000 1,500,000 14,358,000 24,662,190 75,270,190 100.00% Portfolio % 46.17% 1.99% 19.08% 32.76% 100.00%
Interest
Rate 2.24% 1.82% 2.87% 3.87% 2.89%
*Interest rate for assets with 0-1 years to maturity excludes LAIF

Report to Mayor and Councilmembers
Date: February 13, 2024
Page: 4 of 5

PORTFOLIO ACTIVITY
During the quarter, one federal agency bond was purchased, three certificates of deposit matured, and one federal agency bond was called. No other holdings in the City’s portfolio matured, were called, or were purchased.

Federal Agencies Purchased: Maturity Rate Par Value
FHLMC (callable) 5 year 6.25% $1,000,000
Certificates of Deposit Matured: Maturity Rate Par Value Wells Fargo Bank 5 year 3.55% $249,000
National City Bank 5 year 3.40% $245,000
Merrick Bank South 4.5 year 2.40% $249,000
Federal Agencies Called: Maturity Rate Par Value
FHLMC 5 year 5.00% $1,000,000

Report to Mayor and Councilmembers
Date: February 13, 2024
Page: 5 of 5

PORTFOLIO COMPLIANCE
The portfolio complies with California code sections concerning safety and liquidity in the investment of public funds. Investment strategies are based on liquidity requirements and interest rate projections and have been collaboratively determined by the City Treasurer, City Manager, and Director of Finance. The City Treasurer executes trades in accordance with these strategies.

Required Contents of Investment Reports
California Government Code Section 53646(b) suggests that the quarterly investment report of a local agency contain certain items. These items include the type of investment, the issuer’s name, the date of maturity of the security, the par amount of the instrument, the market value, and the dollar amount invested in each security. The source of the market value also should be included in the report. The report also must reference all funds that are under the management of external investment providers, such as investment advisors and investment managers. A local government’s quarterly report, if submitted, must state the portfolio’s compliance with the agency’s investment policy or manner in which the portfolio is not in compliance. Finally, the investment report must include a statement regarding the local agency’s ability to meet its cash flow needs for the next six months.

Accordingly, I advise you of the following facts in compliance with Government Code Section 53646(b):

1. The source of the valuations included herein is U.S. Bank, Saint Paul, MN 55107.

2. No funds are under the management of external providers or managers. Investment decisions are made by a consensus of the City Treasurer, City Manager, and Director of Finance.

3. The City’s portfolio remains in strict compliance with the Investment Policy of the City of La Mesa for FY 2023-2024.

4. The City of La Mesa’s investment portfolio more than adequately assures the City’s ability to meet its cash flow needs during the ensuing six months.

Reviewed by Respectfully submitted by
___________________________ ___________________________ Greg Humora Matt Strabone
City Manager City Treasurer
Attachments:

A - Schedule of Investments – Summary
B - Schedule of Investments – Detail

City of La Mesa
Schedule of Investments (Summary)
As of December 31, 2023
Issuer Type of Investment Maturity Date Par Value Book Value Market Value State of California LAIF 98-37-421 Demand 24,662,190 24,662,190 24,502,949 Federal Agencies U.S. Agency Obligations 10/2024 - 11/2028 34,750,000 34,748,500 32,920,875 Financial/Banking Institutions Certificates of Deposit 02/2024 - 09/2028 14,358,000 14,358,000 13,892,444 Corporate Obligations Medium Term Notes 07/2024 - 02/2026 1,500,000 1,492,425 1,402,645 Total 75,270,190 75,261,115 72,718,913
I certify that the investment of funds is in conformance with California Government Code section 53600. Those investments valued at below market cost will be held until maturity or until they can be sold without a loss. I also certify that the investment of funds provides the cash flow liquidity to meet the next six month's estimated expenditure requirements.

Matt Strabone, City Treasurer

City of La Mesa
Schedule of Investments, December 31, 2023
Type of Investment CUSIP Id Asset Short Name Issue Date Maturity Date Interest Rate Par Value Book Value Market Value CERTIFICATE OF DEPOSIT 61760AVJ5 MORGAN STANLEY C D

3.100% 2/07/24
02/07/2019 02/07/2024 3.10% 246,000.00 246,000.00 245,362.86 CERTIFICATE OF DEPOSIT 58117WAD9 MCHENRY SVGS BK C D

2.800% 3/14/24
03/14/2019 03/14/2024 2.80% 246,000.00 246,000.00 244,742.94 CERTIFICATE OF DEPOSIT 7954502D6 SALLIE MAE BANK C D

2.750% 4/10/24
04/10/2019 04/10/2024 2.75% 246,000.00 246,000.00 244,231.26 CERTIFICATE OF DEPOSIT 81407SBG1 SECURITY BK NEW C D

2.500% 6/10/24
06/10/2019 06/10/2024 2.50% 249,000.00 249,000.00 246,124.05 CERTIFICATE OF DEPOSIT 726547BK7 PLAINS ST BK C D 2.300% 6/21/24
06/21/2019 06/21/2024 2.30% 249,000.00 249,000.00 245,728.14 CERTIFICATE OF DEPOSIT 46256YBB4 IOWA ST BK C D 2.10%
7/10/24
07/10/2019 07/10/2024 2.10% 247,000.00 247,000.00 243,144.33 CERTIFICATE OF DEPOSIT 20143PDY3 COMMERCIAL BK C D

2.000% 7/15/24
07/15/2019 07/15/2024 2.00% 249,000.00 249,000.00 244,881.54 CERTIFICATE OF DEPOSIT 43719LAB1 HOME LN INVT BK C D

2.000% 7/19/24
07/19/2019 07/19/2024 2.00% 249,000.00 249,000.00 244,816.80 CERTIFICATE OF DEPOSIT 29278TKJ8 ENERBANK USA C D 2.150% 8/07/24
08/07/2019 08/07/2024 2.15% 247,000.00 247,000.00 242,642.92 CERTIFICATE OF DEPOSIT 15118RRH2 CELTIC BANK C D 1.88548% 8/30/24
08/30/2019 08/30/2024 1.82% 249,000.00 249,000.00 243,708.75 CERTIFICATE OF DEPOSIT 938828BM1 WASHINGTON C D 2.000%
8/30/24
08/30/2019 08/30/2024 2.00% 249,000.00 249,000.00 243,950.28 CERTIFICATE OF DEPOSIT 29367SJQ8 ENTERPRISE BANK C D

1.800% 11/08/24
11/08/2019 11/08/2024 1.80% 249,000.00 249,000.00 242,030.49 CERTIFICATE OF DEPOSIT 32117WAN2 FNB OF ALBANY C D 1.600% 2/28/25
02/28/2020 02/28/2025 1.60% 225,000.00 225,000.00 216,126.00 CERTIFICATE OF DEPOSIT 29260MAV7 ENCORE BK C D 1.150%
3/25/25
03/25/2020 03/25/2025 1.15% 249,000.00 249,000.00 237,301.98 CERTIFICATE OF DEPOSIT 73319FAK5 POPPY BANK C D 1.100%
3/27/25
03/27/2020 03/27/2025 1.10% 249,000.00 249,000.00 237,105.27 CERTIFICATE OF DEPOSIT 79772FAF3 SAN FRANCISCO C D

1.100% 3/27/25
03/27/2020 03/27/2025 1.10% 249,000.00 249,000.00 237,105.27 CERTIFICATE OF DEPOSIT 020080BX4 ALMA BANK C D 1.400%
3/28/25
03/30/2020 03/28/2025 1.40% 249,000.00 249,000.00 238,019.10 CERTIFICATE OF DEPOSIT 51210SSD0 LAKESIDE BK C D 1.400% 3/31/25
03/30/2020 03/31/2025 1.40% 249,000.00 249,000.00 237,956.85 CERTIFICATE OF DEPOSIT 694231AC5 PACIFIC C D 1.150%
3/31/25
03/31/2020 03/31/2025 1.15% 249,000.00 249,000.00 237,192.42 CERTIFICATE OF DEPOSIT 856285TF8 STATE BK INDIA C D 1.600% 4/29/25
04/29/2020 04/29/2025 1.60% 248,000.00 248,000.00 237,100.40 CERTIFICATE OF DEPOSIT 33847E3F2 FLAGSTAR BK FSB C D

1.050% 4/30/25
04/30/2020 04/30/2025 1.05% 248,000.00 248,000.00 235,347.04 CERTIFICATE OF DEPOSIT 06063HMS9 BANK BARODA NEW C D

0.700% 7/22/25
07/22/2020 07/22/2025 0.70% 249,000.00 249,000.00 233,265.69 CERTIFICATE OF DEPOSIT 89235MKY6 TOYOTA FINL C D 0.900% 4/22/26
04/22/2021 04/22/2026 0.90% 248,000.00 248,000.00 226,929.92 CERTIFICATE OF DEPOSIT 02007GQQ9 ALLY BK UT C D 2.850%
5/05/26
05/02/2022 05/05/2026 2.85% 246,000.00 246,000.00 235,306.38 CERTIFICATE OF DEPOSIT 90348JQ29 UBS BK USA SALT C D

0.900% 7/14/26
07/14/2021 07/14/2026 0.90% 249,000.00 249,000.00 225,549.18 CERTIFICATE OF DEPOSIT 30960QAS6 FARMERS INS C D 5.100% 7/27/26
07/26/2023 07/27/2026 5.10% 248,000.00 248,000.00 249,465.68 CERTIFICATE OF DEPOSIT 16141BAH4 CHARTWAY FED C D

5.250% 7/28/26
07/28/2023 07/28/2026 5.25% 248,000.00 248,000.00 250,398.16 CERTIFICATE OF DEPOSIT 68584JAG4 OREGON CMNTY CR C D

5.100% 7/28/26
07/28/2023 07/28/2026 5.10% 248,000.00 248,000.00 249,497.92 CERTIFICATE OF DEPOSIT 37424PAH7 GESA CR UN C D 5.250%
7/31/26
07/31/2023 07/31/2026 5.25% 248,000.00 248,000.00 250,363.44 CERTIFICATE OF DEPOSIT 67054NBL6 NUMERICA CR UN C D

5.200% 7/31/26
07/31/2023 07/31/2026 5.20% 248,000.00 248,000.00 250,063.36 CERTIFICATE OF DEPOSIT 32022RSC2 FIRST FINL BK C D 3.250% 8/03/26
08/01/2022 08/03/2026 3.25% 249,000.00 249,000.00 239,308.92 CERTIFICATE OF DEPOSIT 70962LAE2 PENTAGON C D 0.850%
9/01/26
09/01/2021 09/01/2026 0.85% 249,000.00 249,000.00 224,007.87 CERTIFICATE OF DEPOSIT 14042RQB0 CAPITAL ONE NATL C D

1.100% 11/17/26
11/17/2021 11/17/2026 1.10% 248,000.00 248,000.00 222,971.84 CERTIFICATE OF DEPOSIT 14042TDW4 CAPITAL ONE BANK C D

1.100% 11/17/26
11/17/2021 11/17/2026 1.10% 248,000.00 248,000.00 222,971.84 CERTIFICATE OF DEPOSIT 07371CE88 BEAL BK USA C D 1.900% 2/17/27
02/23/2022 02/17/2027 1.90% 247,000.00 247,000.00 225,854.33 CERTIFICATE OF DEPOSIT 02589ABQ4 AMERICAN EXPRESS C D

2.000% 3/09/27
03/09/2022 03/09/2027 2.00% 247,000.00 247,000.00 226,271.76 CERTIFICATE OF DEPOSIT 06740KPK7 BARCLAYS BK DEL C D

2.650% 4/13/27
04/13/2022 04/13/2027 2.65% 246,000.00 246,000.00 229,697.58 CERTIFICATE OF DEPOSIT 58404DPC9 MEDALLION BK C D 3.200% 5/24/27
05/24/2022 05/24/2027 3.20% 249,000.00 249,000.00 236,335.86 CERTIFICATE OF DEPOSIT 20825WAX8 CONNEXUS CR UN C D

3.100% 5/26/27
05/26/2022 05/26/2027 3.10% 249,000.00 249,000.00 235,568.94 CERTIFICATE OF DEPOSIT 90352RCN3 USALLIANCE FCU C D

3.300% 5/28/27
05/31/2022 05/28/2027 3.30% 249,000.00 249,000.00 237,122.70 CERTIFICATE OF DEPOSIT 50625LBN2 LAFAYETTE FED C D 3.250% 6/15/27
06/15/2022 06/15/2027 3.25% 249,000.00 249,000.00 236,627.19

City of La Mesa
Schedule of Investments, December 31, 2023
CERTIFICATE OF DEPOSIT 88413QDL9 THIRD FED SVGS C D 3.500% 6/28/27
06/28/2022 06/28/2027 3.50% 245,000.00 245,000.00 234,761.45 CERTIFICATE OF DEPOSIT 254673L38 DISCOVER BK C D 3.400% 7/06/27
07/06/2022 07/06/2027 3.40% 245,000.00 245,000.00 233,943.15 CERTIFICATE OF DEPOSIT 32026UU20 FIRST FNDTN BK C D 4.600% 7/19/27
07/19/2023 07/19/2027 4.60% 244,000.00 244,000.00 242,379.84 CERTIFICATE OF DEPOSIT 307811EM7 FARMERS C D 3.200%
8/05/27
08/05/2022 08/05/2027 3.20% 249,000.00 249,000.00 235,984.77 CERTIFICATE OF DEPOSIT 08016PEH8 BELMONT BK TR C D

3.150% 8/24/27
08/24/2022 08/24/2027 3.15% 249,000.00 249,000.00 235,479.30 CERTIFICATE OF DEPOSIT 19075JAB4 COBALT FED CR C D 3.600% 9/15/27
09/15/2022 09/15/2027 3.60% 249,000.00 249,000.00 239,186.91 CERTIFICATE OF DEPOSIT 052392BT3 AUSTIN TELCO C D 3.800% 9/21/27
09/21/2022 09/21/2027 3.80% 249,000.00 249,000.00 240,870.15 CERTIFICATE OF DEPOSIT 87164YT95 SYNCHRONY C D 4.600%
10/28/27
10/28/2022 10/28/2027 4.60% 244,000.00 244,000.00 242,765.36 CERTIFICATE OF DEPOSIT 25460FDW3 DIRECT FED CR C D 4.800% 11/08/27
11/07/2022 11/08/2027 4.80% 248,000.00 248,000.00 248,634.88 CERTIFICATE OF DEPOSIT 61690U5K2 MORGAN STANLEY C D

4.450% 5/03/28
05/03/2023 05/03/2028 4.45% 244,000.00 244,000.00 242,213.92 CERTIFICATE OF DEPOSIT 804767AB7 SAVANNAH BK C D 4.100% 5/03/28
05/03/2023 05/03/2028 4.10% 249,000.00 249,000.00 243,783.45 CERTIFICATE OF DEPOSIT 91527PBW6 UNIVEST NATL BK C D

4.100% 5/05/28
05/05/2023 05/05/2028 4.10% 249,000.00 249,000.00 243,785.94 CERTIFICATE OF DEPOSIT 92834ABT2 VISIONBANK ST C D 4.050% 5/12/28
05/12/2023 05/12/2028 4.05% 249,000.00 249,000.00 243,310.35 CERTIFICATE OF DEPOSIT 05765LBU0 BALBOA THRIFT C D 4.400% 7/19/28
07/19/2023 07/19/2028 4.40% 249,000.00 249,000.00 255,625.89 CERTIFICATE OF DEPOSIT 89854LAD5 TTCU FED CR UN C D 5.000% 7/26/28
07/26/2023 07/26/2028 5.00% 248,000.00 248,000.00 252,223.44 CERTIFICATE OF DEPOSIT 898812AC6 TUCSON FED CR C D 5.000% 9/08/28
09/08/2023 09/08/2028 5.00% 248,000.00 248,000.00 252,573.12 CERTIFICATE OF DEPOSIT 39573LEM6 GREENSTATE CR UN C D

5.000% 9/26/28
09/26/2023 09/26/2028 5.00% 248,000.00 248,000.00 252,724.40 Subtotal: 14,358,000.00 14,358,000.00 13,892,443.57
Type of Investment CUSIP Id Asset Short Name Issue Date Maturity Date Interest Rate Par Value Book Value Market Value CORPORATE BONDS 48133DN55 JPMORGAN MTN L P

4.050% 7/29/24
07/29/2022 07/29/2024 4.05% 500,000.00 500,000.00 490,035.00 CORPORATE BONDS 46632FRU1 JPMORGAN CHASE MTN

0.700% 1/22/26
01/22/2021 01/22/2026 0.70% 500,000.00 500,000.00 449,525.00 CORPORATE BONDS 037833EB2 APPLE INC 0.700%
2/08/26
02/08/2021 02/08/2026 0.70% 500,000.00 492,425.00 463,085.00 Subtotal: 1,500,000.00 1,492,425.00 1,402,645.00
Type of Investment CUSIP Id Asset Short Name Issue Date Maturity Date Interest Rate Par Value Book Value Market Value US AGENCIES 3130ASPM5 F H L B DEB 3.550%
10/28/24
07/29/2022 10/28/2024 3.55% 1,000,000.00 1,000,000.00 990,010.00 US AGENCIES 3130ASQP7 F H L B DEB 3.625%
1/28/25
07/28/2022 01/28/2025 3.63% 1,000,000.00 1,000,000.00 988,750.00 US AGENCIES 3130ASF61 F H L B DEB 3.450%
6/27/25
06/27/2022 06/27/2025 3.45% 1,000,000.00 1,000,000.00 986,280.00 US AGENCIES 3134GXZY3 F H L M C M T N 4.000%
6/30/25
06/30/2022 06/30/2025 4.00% 1,000,000.00 1,000,000.00 987,210.00 US AGENCIES 31422XB50 F A M C M T N 3.630%
7/28/25
07/28/2022 07/28/2025 3.63% 1,000,000.00 1,000,000.00 982,970.00 US AGENCIES 3134GXF66 F H L M C M T N 4.000%
8/01/25
08/01/2022 08/01/2025 4.00% 1,000,000.00 1,000,000.00 986,570.00 US AGENCIES 3136G4G98 F N M A 0.560%
8/12/25
08/12/2020 08/12/2025 0.56% 1,000,000.00 1,000,000.00 940,300.00 US AGENCIES 3136G4C43 F N M A 0.650%
8/14/25
08/14/2020 08/14/2025 0.65% 1,000,000.00 1,000,000.00 941,520.00 US AGENCIES 3130ALD76 F H L B DEB 0.700%
2/25/26
02/25/2021 02/25/2026 0.70% 1,000,000.00 1,000,000.00 925,470.00 US AGENCIES 3130ALGB4 F H L B DEB 0.800%
3/17/26
03/17/2021 03/17/2026 0.80% 1,000,000.00 1,000,000.00 925,260.00 US AGENCIES 3130ALMM3 F H L B DEB 1.000%
3/30/26
03/30/2021 03/30/2026 1.00% 1,000,000.00 1,000,000.00 928,320.00 US AGENCIES 3130AMDY5 F H L B DEB 1.000%
5/20/26
05/20/2021 05/20/2026 1.00% 1,000,000.00 1,000,000.00 924,700.00 US AGENCIES 3133EMH21 F F C B DEB 0.900%
6/15/26
06/12/2021 06/15/2026 0.90% 1,000,000.00 1,000,000.00 920,490.00 US AGENCIES 3130AMPT3 F H L B DEB 1.030%
6/23/26
06/23/2021 06/23/2026 1.03% 1,000,000.00 1,000,000.00 922,820.00 US AGENCIES 3130AMWX6 F H L B DEB 1.020%
6/30/26
06/30/2021 06/30/2026 1.02% 1,000,000.00 1,000,000.00 922,020.00

City of La Mesa
Schedule of Investments, December 31, 2023
US AGENCIES 3130ANHW3 F H L B DEB 0.930%
8/25/26
07/29/2021 08/25/2026 0.93% 1,000,000.00 1,000,000.00 915,380.00 US AGENCIES 3130ANSB7 F H L B DEB 1.000%
9/17/26
09/17/2021 09/17/2026 1.00% 1,000,000.00 1,000,000.00 915,130.00 US AGENCIES 3130ANYR5 F H L B DEB 0.950%
9/30/26
09/30/2021 09/30/2026 0.95% 1,000,000.00 1,000,000.00 912,780.00 US AGENCIES 3130AP6M2 F H L B DEB 1.020%
9/30/26
09/30/2021 09/30/2026 1.02% 1,000,000.00 1,000,000.00 914,570.00 US AGENCIES 3130APB87 F H L B DEB 1.100%
10/13/26
10/13/2021 10/13/2026 1.10% 1,000,000.00 1,000,000.00 915,750.00 US AGENCIES 3130AP6U4 F H L B DEB 1.000%
10/14/26
10/14/2021 10/14/2026 1.00% 1,000,000.00 1,000,000.00 913,080.00 US AGENCIES 3130APDQ5 F H L B DEB 1.250%
10/28/26
10/28/2021 10/28/2026 1.25% 1,000,000.00 1,000,000.00 918,500.00 US AGENCIES 3130APL78 F H L B DEB 1.375%
10/28/26
10/28/2021 10/28/2026 1.38% 1,000,000.00 1,000,000.00 921,790.00 US AGENCIES 3130APQA6 F H L B DEB 1.400%
11/24/26
11/24/2021 11/24/2026 1.40% 1,000,000.00 1,000,000.00 920,110.00 US AGENCIES 3130AQUD3 F H L B DEB 2.010%
2/25/27
02/25/2022 02/25/2027 2.01% 1,000,000.00 1,000,000.00 934,990.00 US AGENCIES 3130AQZ55 F H L B DEB 2.500%
3/10/27
03/10/2022 03/10/2027 2.50% 1,000,000.00 1,000,000.00 949,020.00 US AGENCIES 3130ARAH4 F H L B DEB 2.350%
3/29/27
03/04/2022 03/29/2027 2.35% 1,000,000.00 998,500.00 943,730.00 US AGENCIES 3130ARDY4 F H L B DEB 2.500%
3/29/27
03/29/2022 03/29/2027 2.50% 1,000,000.00 1,000,000.00 948,230.00 US AGENCIES 3130ARGE5 F H L B DEB 3.000%
4/21/27
04/21/2022 04/21/2027 3.00% 1,000,000.00 1,000,000.00 963,760.00 US AGENCIES 3130ARW56 F H L B DEB 3.650%
5/12/27
05/12/2022 05/12/2027 3.65% 1,000,000.00 1,000,000.00 982,580.00 US AGENCIES 3130ARYA3 F H L B DEB 4.000%
5/26/27
05/26/2022 05/26/2027 4.00% 1,000,000.00 1,000,000.00 980,460.00 US AGENCIES 3130AS7J2 F H L B DEB 3.200%
6/10/27
06/10/2022 06/10/2027 3.20% 1,000,000.00 1,000,000.00 968,480.00 US AGENCIES 3134GXZN7 F H L M C M T N 4.250%
7/12/27
07/12/2022 07/12/2027 4.25% 1,000,000.00 1,000,000.00 983,400.00 US AGENCIES 3130AWMJ6 F H L B DEB 5.750%
7/26/28
07/26/2023 07/26/2028 5.75% 750,000.00 750,000.00 747,465.00 US AGENCIES 3134H1JL8 F H L M C M T N 6.250%
11/28/28
11/28/2023 11/28/2028 6.25% 1,000,000.00 1,000,000.00 998,980.00 Subtotal: 34,750,000.00 34,748,500.00 32,920,875.00
Type of Investment CUSIP Id Asset Short Name Issue Date Maturity Date Interest Rate Par Value Book Value Market Value Demand 98-37-421 LAIF State of California 4.00% 24,662,189.62 24,662,189.62 24,502,949.09 Grand Total: 75,270,189.62 75,261,114.62 72,718,912.66

DATE: February 13, 2024
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: BOARD AND COMMISSION WORK PLANS
At the start of each calendar year, the City’s Boards and Commissions meet to update their respective Work Plans. The Work Plans provide a roadmap for the major initiatives and projects each commission will work to achieve over the year.

During the February meetings, each Chair will present their commission’s updated Work Plan to the City Council. Staff has attached the Work Plans that will be presented at the February 13, 2024, meeting.

Attachments:

A. Arts and Culture Commission
B. Community Services Commission
C. Planning Commission
D. Youth Advisory Commission

Arts & Culture Commission
Work Plan
FY2024
Goals should be consistent with the City’s goals:
• Maintain a community where residents and visitors feel safe • Ensure a strong financial outlook through careful planning, sustainable service levels, and fiscal sustainability
• Promote a high quality of life that current and future generations can afford to call home • Invest in infrastructure to serve the needs of the community • Nurture an organizational culture where employees are recognized for the delivery of high-quality services to the community
Staffing Department: Community Services Department

GOALS DUE DATE TRACKING MILESTONES STATUS

1. Promote, encourage and
increase awareness and
support for the arts and the
Commission.

1. Ongoing

2. Ongoing

3. Ongoing

4. Mar 2024

5. Mar 2024

6. Jun 2024

1. Attend and participate in
community events

2. Share information of ongoing
activities with Commission

3. Identify marketing resources that
can raise awareness and
promote arts and culture in
La Mesa

4. Create list of media resources to
help organizations promote arts
and culture

5. Explore branding to help
promote Commission

6. Create an Arts & Culture
Commission brochure and
newsletter

2. Identify locations of public
art in La Mesa
Apr 2024 Map public visual art installation
locations

3. Make recommendations
on ways to integrate arts and
culture into community life

1. Mar 2024

2. Jun 2024

1. Create recommendations based
on 2023 survey

2. Map recommended sites for
future murals and art pieces in
City owned spaces

4. Research funding
opportunities for an Arts and
Culture Masterplan and
future art installations
Ongoing Identify projects and apply for
grants.

5. Administer Walkway of the
Stars Mural Project

1. Feb 2024

2. Mar 2024

3. May 2024

4. Dec 2024

1. Identify funding for project

2. Announce call for artists RFP

3. Select artists and create murals

4. Ribbon Cutting

Arts & Culture Commission

2.87.070 - Mission, duties and functions.
(a) The mission of the arts and culture commission is to promote the arts, along with the historical, aesthetic, and cultural aspects of the community by using the arts as a mechanism to promote diversity, equity, and inclusion.
(b) The commission shall have the following duties and functions:
(1) Serve in an advisory capacity to the city council on policies relating to public art; (2) Promote, encourage and increase support for the art; (3) Make recommendations on new ways to integrate arts and culture into community life; (4) Plan, participate in, and/or help sponsor events showcasing art throughout the city; (5) Consult and work with community organizations to coordinate activities of the commission.

COMMUNITY SERVICES COMMISSION
Work Plan
FY2024
Goals should be consistent with the City’s goals:
• Maintain a community where residents and visitors feel safe • Ensure a strong financial outlook through careful planning, sustainable service levels, and fiscal sustainability
• Promote a high quality of life that current and future generations can afford to call home • Invest in infrastructure to serve the needs of the community • Nurture an organizational culture where employees are recognized for the delivery of high-quality services to the community
Staffing Department: Community Services Department

GOALS DUE DATE TRACKING

MILESTONES
STATUS

1. Inspect parks and relay
maintenance and program related
information via Google Docs
digital form.

March,
June,
September
and
December
Commissioners inspect assigned
parks and return inspection
sheets prior to the 9th of that
month. Public Works will report
back at the following meeting.

2. Communicate services,
facilities and programs offered by
City to public.

Ongoing Attendance and participation at
programs. Assist in disseminating
information.

3. Assist in planning and
implementation of Recreation
and Parks Master Plan
June 2024 Participate in public meetings. Make
recommendations to City Council.

4. Assist in planning and
implementation of MacArthur
Park Master Plan
May 2024 Participate in outreach, and public
meeting. Coordinate with Council
Sub-Committee to advise of
updated plan. Make
recommendations to City Council.

5. Assist in implementation of
Waite Park Master Plan
design.

Ongoing Provide input to construction
documents.

6. Collier Park Phase II and
Spring House
Ongoing Monitor use of new park. Provide
feedback for future use of Spring
House activation and reuse.

7. Collaborate with community
partners to explore ways to
activate/improve parks.

Ongoing Seek opportunities to engage with
organizations such as La Mesa
Park and Recreation Foundation,
SDFC, and the Arts and Culture
Commission that can assist with
park programs and improvements.

8. Advocate for additional
park land, open space and/or
public space in underserved
areas and recommend capital
improvement projects.

Ongoing Review proposed park CIP
projects and recommend priorities
based on 2024 Recreation and
Park Master Plan.

COMMUNITY SERVICES COMMISSION

9. Coordinate with Court SubCommittee to make
recommendations for rules,
hours, and locations of City
pickleball and tennis court
use.

January-April Subcommittee to study current use
and make recommendations to
Commission.

La Mesa Municipal Code:

2.32.110 - Duties generally.

The board shall provide for and do any other acts which may be found necessary and proper by it to carry out the provisions of this chapter.

2.32.120 - Recommendations—Land acquisition.

The commission may recommend to the city council and the planning commission the acquisition of lands for recreation and park purposes.

2.32.130 - Recommendations—Needs and policies.

The community services commission shall have the power and it shall be its duty to consider, advise or recommend to the city council:
(a) Need pertaining to the acquisition, development and use of facilities, buildings and structures for recreational and park purposes;
(b) Policies relating to the management, maintenance, control and improvement of facilities and land used for public recreational and park purposes within or without the corporate limits of the city.

2.32.140 - Recommendations—Ordinances and regulations.

The community services commission shall develop and recommend ordinances and resolutions necessary in the establishing of administrative rules and regulations as deemed proper to regulate and govern the use of recreational and park facilities.

2.32.150 - Recommendations—Budget.

The community services commission shall review the proposed administration budget for recreation and park purposes and make recommendations to the city council concerning its adoption.

2.32.160 - Public improvement program.

The community services commission shall recommend a program of public improvement and land acquisitions which it deems necessary or desirable.

2.32.170 - Promotion of public interest.

The community services commission shall promote public interest in and understanding of the recreation and park program and regulations relating thereto.

2.32.180 - Consulting of public.

The community services commission may consult and confer with public officials and agencies, civic educational, professional and other organizations, and with the citizens generally, with relation to the effecting of such program.

2.32.190 - Contracts for facilities.

The community services commission shall make recommendations to the city council concerning desirable contractual relations between city and public schools and other agencies for use of buildings, playgrounds, and other recreational facilities.

2.32.200 - Additional powers and duties.

The community services commission shall have such other powers and duties as the city council may, by ordinance or resolution, confer upon it.

PLANNING COMMISSION
L:\City Clerk\Boards & Commissions\Commission Work Plans\2024\February 13th Council\Planning Commission 2024 Work Plan.docx 2/5/2024
Work Plan
2024
Goals should be consistent with the City’s goals:
• Maintain a community where residents and visitors feel safe • Ensure a strong financial outlook through careful planning, sustainable service levels, and fiscal sustainability
• Promote a high quality of life that current and future generations can afford to call home • Invest in infrastructure to serve the needs of the community • Nurture an organizational culture where employees are recognized for the delivery of high-quality services to the community
Staffing Department: Community Development

GOALS DUE DATE TRACKING MILESTONES STATUS

1. Interpret, administer and
enforce LMMC 2.60.060
and 24.02.010
As needed Regular Duties as identified in
LMMC 2.60.060 and 24.02.010
Ongoing

2. Support of the City’s Climate
Action Plan (CAP) and the
reduction of greenhouse
gases and pollution.

As needed In performing all actions and
duties, seek and promote
support of the City’s Climate
Action Plan (CAP) and the
reduction of greenhouse gases
and pollution.

Ongoing

3. Zoning Code Clean-up
Amendments.

As needed Review and comment on
proposed zoning code clean up
amendments in alignment with
City Strategic Goals
Ongoing

4. Assist in the update of the
Downtown Village Specific
Plan.
2024 Review and provide comment
as presented and provide
recommendations to staff
and/or Council as needed.

Pending

5. Assist the City in advancing
goals with focus on
economic development and
housing
Hold a workshop in 2024 to
discuss potential ways the
Planning Commission can
assist in advancing City goals
with focus on economic
development and housing
Ongoing

6. Support the Citywide
Strategic Plan
As needed Support and implement the
Citywide Strategic Plan while
performing all actions and
duties.

Ongoing

PLANNING COMMISSION
L:\City Clerk\Boards & Commissions\Commission Work Plans\2024\February 13th Council\Planning Commission 2024 Work Plan.docx 2/5/2024
La Mesa Municipal Code (LMMC) Title 2 – Administration and Government

2.60.060 - Powers and duties.

The Planning Commission shall have, and is hereby vested with all the powers and duties provided by said act and amendments thereto, and such other powers and duties as may be conferred upon the Planning Commission by any and all laws of the State of California and the City Council.

2.60.140 - La Mesa relocation appeals board.

The planning commission shall also act as the "La Mesa relocation appeals board" and shall have the power when it acts in that capacity as provided by the by-laws for the relocation appeals board and shall carry out its duties and obligations pursuant to said by-laws. Said by-laws shall be adopted at the first meeting of the planning commission acting as the relocation appeals board and shall not thereafter be amended without the prior approval of the city council.

LMMC Title 24 – Zoning Ordinance

24.02.010 - Administration and enforcement agencies
B. Planning Agency. The city council, planning commission and community development department are hereby designated collectively as the planning agency. The planning agency shall perform all functions required by California state law. The specific duties and functions of the council, commission, and departments relative to this title are given below.

1. Perform all functions required by California law of a planning agency.

2. Furnish information and general assistance to the public in the administration of this title.

3. Maintain the Zone Map.

4. Review site development plans as to their compliance with the requirements of this title.

5. Review applications for adjustments in development regulations.

6. Interpret, administer and enforce this title.

7. Assist the planning commission in performance of its functions.

E. Planning Commission. The authority and functions of the planning commission in the administration of this title shall be to:

1. Review and approve plans, including site development plans when either required of or when appealed or referred to the commission, and to perform such other functions as provided by this title.

2. Resolve the question as to whether or not a proposed use is permitted in one or more zones in keeping with the general description and intent of such zones and the Land Use Element of the General Plan.

3. Consider appeals from any determination made in the administration or enforcement of this title.

4. Review applications for special permits, conditional use permits and variances.

5. Perform other functions as provided by state law.

6. Resolve questions or alleged ambiguity on appeal from the determination of the Community Development Department.

Youth Advisory Commission
Work Plan
FY2024
Goals should be consistent with the City’s goals:
• Maintain a community where residents and visitors feel safe • Ensure a strong financial outlook through careful planning, sustainable service levels, and fiscal sustainability
• Promote a high quality of life that current and future generations can afford to call home • Invest in infrastructure to serve the needs of the community • Nurture an organizational culture where employees are recognized for the delivery of high-quality services to the community
Staffing Department: Community Services Department

GOALS DUE DATE TRACKING MILESTONES STATUS

1. Coordinate volunteer service
opportunities
Spring & Fall
2024
Attend City operated service
events, Park Appreciation Day,
Earth Day, and cleanup events.

2. Host a Teen Night April 2024 Create an event for teens to enjoy a safe and fun environment.

3. Learn about government
agency operations
Fall 2024 Schedule a day and time to tour
City Hall. Meet the Directors of
each department and get a brief
description of their department’s
operation.

La Mesa Municipal Code:

2.71.060 - Mission, duties and functions.

The Youth Advisory Commission shall have the following duties and functions:
(a) The mission of the Youth Advisory Commission is to advise the city council on policy matters pertaining to programs, projects, and issues which address the concerns of youth in the community.
(b) The duties and functions of the commission shall include:
(1) Prepare an annual work program;
(2) Participate in, and help sponsor workshops dealing with youth issues; (3) Plan and execute an annual event to promote positive youth awareness in the community;
(4) Provide a forum for discussion by the commission and the community on youth issues;
(5) Consult with other youth groups to best coordinate the activities of the commission with these other groups;
(6) Explore and develop other activities/issues which will promote positive youth relations in the city of La Mesa;
(7) Recommend awards and recognition of individuals or groups.

DATE: February 13, 2024
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, CMC, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: ANNUAL INTERVIEW OF APPLICANTS FOR OPENINGS ON THE CITY’S COMMUNITY POLICE OVERSIGHT BOARD
The Community Police Oversight Board (“CPOB”) has five Board Member seats open for appointment or reappointment. The openings are for the following seats:
 An Advocate for people experiencing homelessness, substance abuse, mental health or other social issues
 Police Beat 1 representative
 Police Beat 2 representative
 Police Beat 3 representative
 Police Beat 4 representative
The applications from the citizens who wish to be considered for appointment or reappointment to the CPOB are on file in the office of the City Clerk. Attached is a matrix outlining the categories each applicant is eligible to fill. The applicants have been invited to attend the meeting and make a brief presentation describing their qualifications and interest in serving on the CPOB.

The applicants will be called forward by the City Clerk and after each presentation you may ask questions of the applicants, if you wish.

The appointments will be made at a following Council meeting.

Attachment

APPLICATIONS ARE AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE

Police Beat 1 Police Beat 2 Police Beat 3 Police Beat 4 Advocate for People
Experiencing Homelessness,
Substance Abuse, Mental
Health, or Other Social
Issues
Manuel Gomez Leroy Johnson Aaron Landau
Ana L. Gonzalez Seda Peggy Lewis
Frank Harris III Rebekah Winfree
Aaron Landau
Dr. Jeffrey Scott McIllwain

DATE: February 13, 2024
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, CMC, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: RESOLUTION APPOINTING A MEMBER TO FILL THE UNSCHEDULED

VACANCY ON THE ARTS AND CULTURE COMMISSION
On January 23rd, the City Council interviewed applicants who were interested in being appointed to fill a vacancy on the City’s Arts and Culture Commission. Applicant Ana L.

Gonzalez Seda has since withdrawn her application for consideration of appointment to the Commission. At the Council meeting on February 13th, the Mayor will make the appointment with the approval of the Council.

Attached is a brief description of the requirements, the number of openings, and the names of each applicant seeking to be appointed.

Staff recommends the Mayor make the appointment to fill the vacancy, with the approval of the Council and adopt the attached resolution confirming the appointment.

Attachments

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA APPOINTING

A MEMBER TO FILL THE UNSCHEDULED VACANCY ON THE ARTS AND

CULTURE COMMISSION
___________________________________________________________________ WHEREAS, a position on the City of La Mesa Arts and Culture Commission has been vacated; and
WHEREAS, the person below has been recommended to the City Council for appointment to said City of La Mesa Commission.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the following is hereby appointed as a member of the City of La Mesa Arts and Culture Commission, with their term to commence after the oath or affirmation of allegiance for public officers or employees is executed as required by Article XX, Section 3 of the Constitution of the State of California, and to expire on the dates stated below, or until their successor is appointed and qualified:

Arts and Culture Commission: 1 appointment
(Name) is appointed to fill the unscheduled vacancy created by Renee Bareno whose term expires June 30, 2024 and represents the general population PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 13
th day of February 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

Arts and Culture Commission: 1 position – four-year term One appointee will fill the vacant at-large position with term expiring June 30, 2024.

Members shall be residents of the City of La Mesa
First Appointed Number of Terms
Sherida Bonton

THE APPLICATION IS AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE

DATE: February 13, 2024
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, CMC, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: RESOLUTION APPOINTING A MEMBER TO FILL THE UNSCHEDULED

VACANCY ON THE DESIGN REVIEW BOARD
On January 23rd, the City Council interviewed an applicant who was interested in being appointed to fill the unscheduled vacancy on the City’s Design Review Board. At the Council meeting on February 13th, the Mayor will make the appointment with the approval of the Council.

Attached is a brief description of the requirements, the number of openings, and the names of each applicant seeking to be appointed.

Staff recommends the Mayor make the appointment to fill the unscheduled vacancy, with the approval of the Council, and adopt the attached resolution confirming the appointment.

Attachments

RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA APPOINTING

A MEMBER TO FILL THE UNSCHEDULED VACANCY ON THE DESIGN REVIEW BOARD
___________________________________________________________________ WHEREAS, a position on the City of La Mesa Design Review Board has been vacated; and WHEREAS, the person below has been recommended to the City Council for appointment to said City of La Mesa Board.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the following is hereby appointed as a member of the City of La Mesa Design Review Board, with their term to commence after the oath or affirmation of allegiance for public officers or employees is executed as required by Article XX, Section 3 of the Constitution of the State of California, and to expire on the date stated below, or until their successor is appointed and qualified:

Design Review Board: 1 appointment
(Name) is appointed to fill the unscheduled vacancy created by David Taylor Jr. whose term expires June 30, 2024
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 13
th day of February 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

ATTACHMENT A
Design Review Board: 1 position – three-year term
One appointee will fill the vacant position with term expiring June 30, 2024.

Members shall be design professionals, which are defined as registered architect or landscape architect, building designer, urban designer or urban planner. Members are subject to the Conflict of Interest Code.

First Appointed Terms
Alison Morita

THE APPLICATION IS AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE

1 La Mesa City Council
Minutes of a Regular Meeting
Date:

Location:

January 9, 2024, 6:00 pm
City Council Chambers, 8130 Allison Avenue
La Mesa, California

Present: Mayor Arapostathis
Vice Mayor Lothian
Councilmember Dillard
Councilmember Parent
Councilmember Shu
Staff: City Manager Humora
Assistant City Manager Lee
City Attorney Sabine
City Clerk Wiegelman
_____________________________________________________________________

1. CALL TO ORDER
The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting.

The Agenda Items were considered in the order presented.

Mayor Arapostathis called the meeting to order at 6:01 p.m.

1.1 INVOCATION - COUNCILMEMBER SHU

1.2 PLEDGE OF ALLEGIANCE

2. CITY MANAGER COMMENTS
There were no comments.

3. COMMUNITY BULLETIN REPORTS
The Mayor, Council and staff made announcements and reported on various events taking place in the City. No action was taken.

2 4. ADDITIONS AND/OR DELETIONS TO THE AGENDA
The Development Services Process Improvement Plan Update presentation was deleted from the agenda.

5. PRESENTATIONS

5.1 COMMUNITY COLLABORATION AWARD PRESENTATION BY I LOVE

A CLEAN SAN DIEGO
Ann Marie Sack, Director of Community Engagement, I Love a Clean San Diego, presented the Community Collaboration Award to the City.

5.2 DEVELOPMENT SERVICES PROCESS IMPROVEMENT PLAN
UPDATE
This presentation was deleted from the agenda.

6. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
Dianne Osterling spoke regarding her concerns with septic systems.

Brenda Hammond spoke regarding walking in La Mesa and the La Mesa Library.

7. CONFLICT DISCLOSURES
There were no conflict of interest disclosures.

8. PUBLIC COMMENTS ON CONSENT CALENDAR
There were no public comments on Consent Calendar.

9. CONSENT CALENDAR
(Items 9.1 through 9.2)
Moved By Mayor Arapostathis
Seconded By Councilmember Parent
Approve Consent Calendar Items 9.1 through 9.2.

For (5): Mayor Arapostathis, Vice Mayor Lothian, Councilmember Dillard, Councilmember Parent, and Councilmember Shu
Approved (5 to 0)

9.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF

ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Approve.

3 9.2 APPROVAL OF THE 2024 LIST OF PROCLAMATIONS
Approve.

10. STAFF REPORT

10.1 CONSIDERATION OF APPOINTING AND/OR REAPPOINTING

COUNCILMEMBERS TO OUTSIDE BOARDS, COMMISSIONS AND

COMMITTEES, AND TO THE COUNCIL AD HOC AND STANDING

SUBCOMMITTEES
Mayor Arapostathis explained the appointment process for the outside boards, commissions, and committees, and the Council ad hoc and standing subcommittees.

Council questions and comments ensued.

Moved By Mayor Arapostathis
Seconded By Councilmember Dillard
Appoint: (1) Vice Mayor Lothian as the primary representative on the East County Economic Development Council; (2) Mayor Arapostathis as the primary representative on the Harry Griffen Park JPA; (3) Councilmember Dillard as the primary representative and Councilmember Shu as the alternate representative on the Heartland Communications Facility Authority; (4) Councilmember Dillard as the primary representative and Councilmember Shu as the alternate representative on the Heartland Fire Training Facility Authority; (5) Mayor Arapostathis as the primary representative and Vice Mayor Lothian as the alternate representative on the La Mesa-Spring Valley School District/City of La Mesa Joint Steering Committee; (6) Vice Mayor Lothian as the primary representative on the League of California Cities San Diego County Division; (7) William Baber as the primary representative and Councilmember Shu as the alternate representative on the Metro Wastewater Joint Powers Authority; (8) Councilmember Parent as the primary representative on the Mission Trails Regional Task Force; (9) Councilmember Parent as the primary representative and Councilmember Shu as the alternate representative on the San Diego Community Power Board of Directors; and (10) Councilmember Dillard as the primary representative on the Sweetwater River Watershed Advisory Panel.

For (5): Mayor Arapostathis, Vice Mayor Lothian, Councilmember Dillard, Councilmember Parent, and Councilmember Shu
Approved (5 to 0)

4 Moved By Mayor Arapostathis
Seconded By Councilmember Parent
(1) Appoint: (a) Councilmember Dillard and Councilmember Shu to the Animal Welfare Standing Subcommittee; (b) Mayor Arapostathis and Councilmember Shu to the Audit Standing Subcommittee; (c) Vice Mayor Lothian and Councilmember Dillard to the Development Services Council Liaison Standing Subcommittee; (d) Vice Mayor Lothian and Councilmember Dillard to the Downtown Events Standing Subcommittee; (e) Councilmember Dillard and Councilmember Shu to the Future of MacArthur Park Standing Subcommittee; (f) Vice Mayor Lothian and Councilmember Parent to the Accessory Dwelling Units Ad Hoc Subcommittee; (g) Vice Mayor Lothian and Councilmember Parent to the American Rescue Plan Act Funding Ad Hoc Subcommittee; (h) Mayor Arapostathis and Councilmember Shu to the Citizen Emergency Preparedness Ad Hoc Subcommittee; (i) Mayor Arapostathis and Councilmember Parent to the Civic Center Master Plan Ad Hoc Subcommittee; (j) Councilmember Dillard and Councilmember Shu to the Climate Action Plan Updates Ad Hoc Subcommittee; (k) Mayor Arapostathis and Councilmember Dillard to the Extension of Proposition L Ad Hoc Subcommittee; (l) Councilmember Parent and Councilmember Shu to the Housing Affordability Ad Hoc Subcommittee; and (m) Vice Mayor Lothian and Councilmember Parent to the Review of the Design Review Board Ad Hoc Subcommittee; and (2) dissolve the AB 2449 Teleconference Policies Ad Hoc Subcommittee, Business Rebound Ad Hoc Subcommittee, Parking Management Ad Hoc Subcommittee, Public Comment Policy Ad Hoc Subcommittee, and Review of City Streets for Greater Pedestrian Access Ad Hoc Subcommittee.

For (5): Mayor Arapostathis, Vice Mayor Lothian, Councilmember Dillard, Councilmember Parent, and Councilmember Shu
Approved (5 to 0)
Moved By Councilmember Parent
Seconded By Councilmember Dillard
Appoint Councilmember Shu as the primary representative on the San Diego Association of Governments (SANDAG) Board of Directors.

For (4): Mayor Arapostathis, Councilmember Dillard, Councilmember Parent, and Councilmember Shu
Against (1): Vice Mayor Lothian
Approved (4 to 1)

5 Moved By Mayor Arapostathis
Seconded By Councilmember Dillard
Appoint Vice Mayor Lothian as the first alternate representative and Councilmember Dillard as the second alternate representative on the SANDAG Board of Directors.

Substitute Motion:

Moved By Councilmember Parent
Seconded By Councilmember Shu
Appoint Councilmember Dillard as the alternate representative on the SANDAG Board of Directors.

For (4): Vice Mayor Lothian, Councilmember Dillard, Councilmember Parent, and Councilmember Shu
Against (1): Mayor Arapostathis
Approved (4 to 1)
Moved By Councilmember Shu
Seconded By Councilmember Parent
Leave the second alternate representative seat on the SANDAG Board of Directors vacant.

For (4): Mayor Arapostathis, Councilmember Dillard, Councilmember Parent, and Councilmember Shu
Against (1): Vice Mayor Lothian
Approved (4 to 1)
Moved By Mayor Arapostathis
Seconded By Councilmember Parent
Appoint Councilmember Dillard as the primary representative and Mayor Arapostathis as the alternate representative on the San Diego Metropolitan Transit System Board of Directors.

For (5): Mayor Arapostathis, Vice Mayor Lothian, Councilmember Dillard, Councilmember Parent, and Councilmember Shu
Approved (5 to 0)

6 11. ORDINANCES: SECOND READING

11.1 CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADDING CHAPTER 6.07 TO THE LA MESA

MUNICIPAL CODE REQUIRING THE LICENSING OF TOBACCO

RETAILERS
City Clerk Wiegelman stated a scrivener's error was found following the introduction and first reading of the Ordinance; language was inadvertently added in the Ordinance, but the error was corrected and the Ordinance was ready for the second reading and adoption.

City Attorney Sabine read the title of the Ordinance.

Ordinance No. 2023-2906
Moved By Councilmember Shu
Seconded By Councilmember Dillard
Approve the second reading and adoption of the Ordinance.

For (5): Mayor Arapostathis, Vice Mayor Lothian, Councilmember Dillard, Councilmember Parent, and Councilmember Shu
Approved (5 to 0)

11.2 CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA REPEALING CHAPTER 3.24 OF THE LA

MESA MUNICIPAL CODE RELATED TO PERSONNEL MATTERS IN

ITS ENTIRETY
City Attorney Sabine read the title of the Ordinance.

Ordinance No. 2023-2907
Moved By Councilmember Shu
Seconded By Councilmember Parent
Approve the second reading and adoption of the Ordinance.

For (5): Mayor Arapostathis, Vice Mayor Lothian, Councilmember Dillard, Councilmember Parent, and Councilmember Shu
Approved (5 to 0)

7 12. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
The Mayor and Council reported on various outside boards, commissions and committee meetings they attended. No action was taken.

13. AB 1234 REPORTS (GC 53232.3 (d))
There were no reports.

14. CITY ATTORNEY REMARKS
There were no remarks.

15. ADJOURNMENT
At 6:56 p.m., Mayor Arapostathis adjourned the meeting in honor and memory of former City Councilmember Ernest Ewin, a person of integrity and dignity who challenged everyone to do better and helped make La Mesa a better place. _________________________
City Clerk

1 La Mesa City Council
Minutes of a Regular Meeting
Date:

Location:

January 23, 2024, 6:00 pm
City Council Chambers, 8130 Allison Avenue
La Mesa, California

Present: Mayor Arapostathis
Vice Mayor Lothian
Councilmember Dillard
Councilmember Parent
Councilmember Shu
Staff: City Manager Humora
Assistant City Manager Lee
City Attorney Sabine
City Clerk Wiegelman
_____________________________________________________________________

1. CALL TO ORDER
The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting.

The Agenda Items were considered in the order presented.

Mayor Arapostathis called the meeting to order at 6:00 p.m.

1.1 INVOCATION - COUNCILMEMBER SHU

1.2 PLEDGE OF ALLEGIANCE

2. CITY MANAGER COMMENTS
City Attorney Sabine announced there were no reportable actions from the 5:30 p.m. City Council Special Meeting (Closed Session).

City Manager Humora reported that three inches of rain fell in La Mesa on Monday, January 22, 2024, and provided an update on the impact the rain had on City infrastructure.

2 3. COMMUNITY BULLETIN REPORTS
The Mayor, Council and staff made announcements and reported on various events taking place in the City. No action was taken.

4. ADDITIONS AND/OR DELETIONS TO THE AGENDA
There were no additions or deletions to the agenda.

5. PRESENTATIONS

5.1 LETTERS OF APPRECIATION TO PUBLIC WORKS CREW MEMBERS

JUSTIN PICHAY AND GEORGE ZAPATA
Mayor Arapostathis presented Letters of Appreciation to Justin Pachay, Maintenance Worker I, and George Zapata, Maintenance Worker I.

Fire Chief Koch awarded Justin Pachay and George Zapata with Firefighter Challenge Coins.

5.2 CLIMATE ACTION PLAN AND ORGANICS RECYCLING PROGRESS

REPORT PRESENTATION
Environmental Program Manager Ego, Administrative Analyst Lee, and CivicSpark Fellows Carlyn Bacci and Liam Conley provided a PowerPoint presentation on the progress of the City's Climate Action Plan (CAP) and organics recycling, highlighting the CAP resolutions and implementation, the progress of the CAP update, the CAP team, events and milestones that occurred in the past six months, City staff engagement, recognitions and grants awarded to the City, youth outreach, projects in the areas of energy, transportation, water, and green infrastructure, the Litter Free La Mesa cleanup series, Senate Bill (SB) 1383 requirements, the SB 1383 compliance rate, edible food recovery and procurement projects, and the 2024 priority projects.

Following Council questions and comments, no action was taken.

5.3 2023 CERTIFIED LA MESA GREEN BUSINESS RECOGNITION

PRESENTATION
Mayor Arapostathis recognized the 2023 Certified La Mesa Green Businesses for their ongoing efforts in reducing emissions. 2023 Certified La Mesa Green Businesses:

Helix Soap Company
Kai's Refills

3 La Mesa Library
Homes with my Realty
Dental House
Scisters Salon
Four Fin Creative

5.4 DEVELOPMENT SERVICES PROCESS IMPROVEMENT PLAN
UPDATE
Director of Community Development Santos, Associate Planner Traffenstedt, and Management Analyst Flores provided a PowerPoint presentation on the improvements made to the development services process, highlighting the process improvement recommendations, the implementation plan accomplishments in the areas of process improvements, customer service, and tracking and data collection, the online permit portal, the instant residential solar permitting process through Symbium, the network and technology upgrades, the additional staff positions, the interdepartmental development services team meetings, efforts to update the Community Development webpage including applications, forms, handouts, and guides, pre-application meetings, the Accessory Dwelling Unit (ADU) Guidebook, ADU applications and issued permits, the community workshop series, code compliance resources, tutorial videos, ways the public can stay informed of various development projects in the City, the improved communication protocols, the new methods for tracking and data collection, and the new customer survey.

Following Council questions and comments, no action was taken.

6. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
Brenda Hammond spoke regarding the recent storm and the homeless.

Mairs Ryan submitted a comment regarding plastic trash and the goal of the City's CAP.

7. CONFLICT DISCLOSURES
There were no conflict of interest disclosures.

8. BOARD AND COMMISSION INTERVIEWS

4 8.1 INTERVIEW OF APPLICANTS FOR AN UNSCHEDULED VACANCY ON

THE ARTS AND CULTURE COMMISSION
City Clerk Wiegelman stated Ana Gonzalez-Seda and Sherida Bonton were not able to attend the City Council meeting due to prior commitments. City Clerk Wiegelman said the appointment would be made at the February 13th City Council meeting.

8.2 INTERVIEW OF APPLICANT FOR AN UNSCHEDULED VACANCY ON

THE DESIGN REVIEW BOARD
City Clerk Wiegelman briefly explained the interview process.

Alison Morita spoke regarding their qualifications and interest in being appointed to the Design Review Board.

City Clerk Wiegelman said the appointment would be made at the February 13th City Council meeting.

Following the interview, no action was taken.

9. PUBLIC COMMENTS ON CONSENT CALENDAR
Melissa Weiss spoke in support of Item 10.5.

Mickey Mounarath spoke in support of Item 10.5.

10. CONSENT CALENDAR
(Items 10.1 through 10.6)
Moved By Mayor Arapostathis
Seconded By Councilmember Shu
Approve Consent Calendar Items 10.1 through 10.6.

For (5): Mayor Arapostathis, Vice Mayor Lothian, Councilmember Dillard, Councilmember Parent, and Councilmember Shu
Approved (5 to 0)

10.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT OF

ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Approve.

10.2 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD TUESDAY, NOVEMBER 28, 2023

5 Approve.

10.3 APPROVAL OF THE MINUTES FOR THE CITY COUNCIL REGULAR

MEETING AND CITY OF LA MESA SUCCESSOR AGENCY SPECIAL
MEETING HELD TUESDAY, DECEMBER 12, 2023
Approve.

10.4 RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 1 FOR THE CITYWIDE GUARDRAIL UPGRADES PROJECT, BID NO. 23- 15, TO S.B. GENERAL ENGINEERING, INC.

Resolution No. 2024-001
Adopt Resolution.

10.5 RESOLUTION APPROVING FUNDS FOR PUBLIC ART PROJECTS Resolution No. 2024-002
Adopt Resolution.

10.6 RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER 1 TO
ARDURRA GROUP, INC., AND INCREASE THE BUDGET FOR PUBLIC

WORKS ENGINEERING DIVISION PROFESSIONAL AND

SPECIALIZED SERVICES ACCOUNT
Adopt Resolutions.
a. RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER 1
TO ARDURRA GROUP, INC., FOR ADDITIONAL ENGINEERING

INSPECTION SERVICES
Resolution No. 2024-003
Adopt Resolution.
b. RESOLUTION TO INCREASE THE BUDGET FOR PUBLIC

WORKS ENGINEERING DIVISION PROFESSIONAL AND
SPECIALIZED SERVICES ACCOUNT BY $189,600 FOR FISCAL
YEAR 2023-2024, FOR A TOTAL OF $320,439.66 FOR THE

FISCAL YEAR
Resolution No. 2024-004
Adopt Resolution.

11. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)

6 The Mayor and Council reported on various outside boards, commissions and committee meetings they attended. No action was taken.

12. AB 1234 REPORTS (GC 53232.3 (d))
There were no reports.

13. CITY ATTORNEY REMARKS
There were no remarks.

14. ADJOURNMENT
Mayor Arapostathis adjourned the meeting at 7:21 p.m.
_________________________
City Clerk

1 La Mesa City Council
Minutes of a Special Meeting
Date:

Location:

January 23, 2024, 5:30 p.m.

City Manager's Conference Room, 8130 Allison Avenue
La Mesa, California

Present: Mayor Arapostathis
Vice Mayor Lothian
Councilmember Dillard
Councilmember Parent
Councilmember Shu
Staff: City Manager Humora
Assistant City Manager Lee
City Attorney Sabine
City Clerk Wiegelman
_____________________________________________________________________

1. CALL TO ORDER
Mayor Arapostathis called the meeting to order at 5:32 p.m.

2. PUBLIC COMMENTS
There were no public comments.

Mayor Arapostathis adjourned the meeting to Closed Session at 5:32 p.m.

Councilmember Parent arrived at the meeting at 5:34 p.m.

Councilmember Dillard arrived at the meeting at 5:36 p.m.

3. CLOSED SESSION

3.1 CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING

WORKERS COMPENSATION CLAIM PURSUANT TO GOVERNMENT
CODE SECTION 54956.9
Michael Stanton vs. City of La Mesa
The meeting reconvened at 5:44 p.m. with all members present.

2 4. REPORT FROM CLOSED SESSION - CITY ATTORNEY
City Attorney Sabine announced there were no reportable actions.

5. ADJOURNMENT
Mayor Arapostathis adjourned the meeting at 5:44 p.m.
_________________________
City Clerk

DATE: February 13, 2024
TO: Mayor and Members of the City Council
FROM: Ray Sweeney, Chief of Police
VIA: Greg Humora, City Manager
SUBJECT: HOME Program 2023 4th Quarter Report
The Homeless Outreach and Mobile Engagement (HOME) Team continues to interact with and serve those experiencing homelessness in La Mesa. As part of their continued efforts, they track the interactions and services provided in a quarterly report. The report depicts the total number of clients served, the number of calls for service handled, demographics, and a narrative that shares recent successes, partnerships, and community engagement. Thank you for the continued support for this program as we continue to assist those experiencing homelessness.

City of La Mesa
Homeless Outreach &
Mobile Engagement (HOME) Program
Quarterly Report: October – December 2023

HOME Program Overview
The Homeless Outreach and Mobile Engagement (HOME) Team is an initiative of the City of La Mesa and the La Mesa Police Department (LMPD). The HOME Team provides a housing-first and traumainformed approach to addressing homelessness in La Mesa. The HOME Team utilizes progressive engagement and harm reduction to assist individuals who are unable to access homeless services on their own. This report breaks down the the HOME Team efforts and successes during the 4th quarter of 2023.

Since the beginning of the quarter, the HOME program outreach specialists have:
• Contacted 56 total individuals experiencing homelessness and newly enrolled 27 adults and 0 children. Many of these newly enrolled adults are one-time contacts that were provided shortterm services as they passed through La Mesa. A total of 11 individuals contacted this quarter were connected to a temporary or permanent home.
• Responded to 391 service calls routed through LMPD dispatch, HOME hotline or city email, and as follow-ups to previous contacts. Historically, many of these calls would have been handled by city emergency response services and law enforcement. • Prioritized the most vulnerable individuals in the City of La Mesa, including individuals living on the street with chronic physical and mental health conditions, households with children, and individuals facing chronic homelessness.

Clients Served
The HOME Team operates out of LMPD headquarters in downtown La Mesa and responds to nonemergency calls for service related to homelessness that are generated through police dispatch, HOME email, and The HOME Hotline. Each of these calls is first attended by a HOME Team outreach specialist; PD or PERT officers are only requested for rare cases involving legal or safety concerns. 27 29
Total Number of Clients Served
New Clients in Quarter Continuing Clients
56 Instances of
Service*
274
Calls for
Service
391
HOME Team Assistance: 24
# of Calls LMPD Officers
requested HOME assistance
# of Calls the HOME team
requested:

Officer Assistance: 3
PERT Assistance: 0
*Instances of service are included in the total calls for service. This number represent interactions with clients that are enrolled in the county’s case management system. More than one client may be present during a single call for service.

Client Demographics and Household Composition
Housing Outcomes
9 households (11 people) people left the HOME program to a temporary or permanent placement during the quarter.
1 household (1 person) exited to temporary housing, defined as an emergency shelter, transitional housing, or other location that provides housing/shelter without tenure.
8 households (10 people) exited to permanent housing, defined as a leased unit meeting United States Department of Housing and Urban Development (HUD) occupancy standards with or without supportive services, such as mental health counseling.
4 housing matches was provided through the Coordinated Entry System.

Single Person
Households
79 Adult Couple
Households
4 3
23 32
1 Female Male Non-Binary
3 1
8 18 12
10 4
0 to 17 18 to 24
25 to 34 35 to 44
45 to 54 55 to 64
65 or Above Unknown
Total Clients Served Demographics
Chronically
Homeless
55% Households
with Children
43

Housing Matches
Housing matches provided through the Coordinated Entry System (CES) are an essential part of people attempting to access permanent housing. In short, a housing match is when a person is connected to a housing provider for assistance in the form of a subsidized room or ongoing rental assistance. Once a person has been matched through CES, the HOME Team does their best to help a client connect with the housing provider to complete the housing process. During this quarter, the HOME Team received 4 housing matches. Connecting people to housing without matches continues to be a significant struggle for the HOME Team.

Client Services
The HOME Team continues to excel in helping clients navigate and connect with a variety of existing services within the community. Some of these services include ongoing nutritional, medical, and financial support through programs such as Cal-Fresh, Medical, and General Relief.

The HOME Team was able to connect multiple people with these services by transporting and supporting these clients through the Family Resource Centers located in Lemon Grove and El Cajon.

The HOME Team began providing Housing Navigation during the middle of the 3rd quarter, and this is the first quarter where it is included in the reporting. Housing Navigation assists individuals who have an income, housing voucher, or rental assistance subsidy that could support a rental unit on an ongoing basis. The HOME Team Housing Navigator works with these clients to identify suitable units, pay for application fees, advocate to landlords, and provide financial assistance to cover the move-in costs related to the rental unit.

The HOME Team continues to assist with acquiring identifying documentation. Almost all of the clients who successfully exited the program during this quarter worked with the HOME Team to acquire both State Identification cards and/ or Social Security Cards; attaining these documents was a necessity for their housing placements.

The HOME Team has begun working closely with a non-profit: 2 nd Chance. This non-profit provides a
Job Readiness Training (JRT) course for clients who struggle with connecting to employment due to their homelessness status and/ or involvement with the justice system. As part of the JRT, the participants are provided with professional interview attire. During the last week of JRT, the participants take part in a round of interviews with potential employers including but not limited to Western Towing, ACE Parking, and Sycuan Casino.

The HOME Team having consistent access to a van continues to be an important resource for clients.

During the quarter, the HOME Team utilized the van to view units for rent in El Cajon, Downtown San Diego, and San Diego County. Being able to go to units quickly and with little notice has resulted in clients being able to successfully exit our program into rental assistance programs. The HOME Team has also utilized this van to clear encampments by taking clients and their belongings to storage, housing opportunities, or alternative camping locations. Most importantly, this van is accessible to people that have disabilities or are experiencing mobility issues.

During this quarter, the HOME Team has provided some form of financial and/or basic-needs assistance to all enrolled clients with the dual objectives of moving them toward a housing outcome and keeping them safe during the COVID-19 pandemic. These objectives have not changed throughout this quarter.

All clients received COVID-19-related services, including updates related to local public-health guidelines, vaccine information, hygiene supplies, and personal protective equipment (PPE), such as face masks and hand sanitizer.

All clients received food, water, or other nutrition services, with approximately 56 prioritized for on-going meal support.

HOME program staff distributed $1,344.96 in direct financial assistance, including vehicle repair, and funds used to secure new rental units. 1 household received accommodation in a motel, designed to provide shortterm, bridge shelter for those with a concrete housing plan.

HOME program staff arranged 91 rides to apartment viewings, shelter stays, program intake interviews, and other critical appointments via ridesharing service.
4 clients were connected to ongoing physical, mental, and/or behavioral healthcare.

Ongoing Care
Throughout the life of the program, HOME has noticed that the majority of calls related to someone experiencing homelessness were generated because of another community member’s concern for a person’s mental, physical, or behavioral health. Because of this, the HOME Team has prioritized connecting people to ongoing healthcare through organizations such as Family Health Centers, East County Behavioral Health, and Jane Westin. All of these organizations provide low to no-cost services to people experiencing homelessness. Connecting people to ongoing and preventative care such as what is being offered at these organizations is essential to addressing issues that invariably result in emergent health situations for people experiencing homelessness. These situations result in overburdened emergency rooms, ambulances, and other emergency services. Additionally, due to the limited nature of HOME services provided to a person after they are housed, having connections to ongoing community support is an important part of someone maintaining housing stability.

Calls for Service
The HOME Team responded to 391 calls for service during the quarter. This number includes service calls routed through LMPD dispatch, HOME hotline or city email, and follow-ups to previous contacts.

Of these calls for service, 88 calls were new requests for assistance related to homelessness in the City. Historically, these calls would have been addressed by city emergency response services and law enforcement.

Additionally, some calls were service-driven appointments with clients or proactive rapport-building contacts in support of the HOME Team’s mission.

During the entirety of this quarter, the HOME Team was connected to the La Mesa Police Department’s dispatch center via police radio. Starting the 4th quarter of 2021, the HOME Team has been able to realize the benefits of the technology and partnerships with call-takers through decreased response times to current calls for service, improved support to police officers, enhanced understanding of the program workload and service provision through data tracking, and improved safety of the HOME Team members and the community.

Hotel Utilization
The HOME Team provided motel assistance to 1 client during the quarter. One of the clients that the HOME Team met during the quarter was a young person who was currently working as a CNA. This person needed to leave the living situation they were in due to a family dispute. After coming in contact with the HOME Team. The HOME Team Housing Navigator was able to work with this person on creating a budget and identifying a unit within their price range.

Client success stories
One of the people that was able to get connected to housing this quarter was a veteran that the HOME Team had been working with since 12/1/2022. This veteran and their disabled girlfriend had been experiencing chronic homelessness for the greater part of a decade. After meeting this veteran, the HOME Team was able to complete a HUD – VASH referral which is a section 8 adjacent voucher reserved for veterans. The HOME Team worked closely with this veteran and their partner to collect and submit all of the necessary paperwork, provide transportation to vital appointments, and liaise between the client and VA. The HOME Team Housing Navigator provided essential assistance by completing & submitting multiple rental applications on behalf of the client. Due to the rental market in San Diego County, the Housing Navigator assisted the veteran with applying for a time-extension on their voucher. Eventually, the veteran was able to secure a unit in Otay. This veteran’s unit is within walking distance to a variety of stores and public transportation. The veteran will be responsible for paying 30% of their income towards rent. This veteran and their girlfriend were officially housed on 11/8/2023. This veteran has agreed to share some pictures of them signing their first lease in over 10 years as well as them in their new home.

The HOME Team was also able to help a person who was newly experiencing homelessness for the first time. This person was awaiting an employment start date at a local restaurant located in La Mesa.

This person reached out to the HOME Team to see what type of assistance they could get connected to. The HOME Team was able to provide access to appropriate clothing and purchased a pair of nonslip shoes. The HOME Team was then able to connect them with the housing navigator who was able to map out a budget with this person to determine their budget for a rental unit. Once their budget was determined, the housing navigator contacted a local landlord and advocated on behalf of this client to secure a lease. Once this lease was secured, the HOME Team was able to provide some bridge housing in the form of a motel room until the move-in date occurred. The HOME Team provided this person with both the deposit and 1st month’s rent, and the person was able to secure a year-long lease in a unit that is close to a form of public transportation that goes near this person’s place of employment.

This case was open and closed in 21 days and is a great example of how rapid and effective responses can resolve some cases of homelessness quickly.

Community Support Partnerships
• Journey Community Church continues to provide any and all food items to the HOME Program, allowing HOME staff to feed up to 60 people per week
• La Mesa Village Association
• La Mesa Thrift Shop
• La Mesa First United Methodist Church
• Empire Thrift Store of El Cajon
• Eagle Scouts
Community Resource Partnerships
• Home-Start, Inc.
• East County Behavioral Health
• Center Star ACT
• McAlister Inc.
• La Mesa – Spring Valley School District Social Workers • East County Homeless Task Force
• San Diego County Mental Health
• In addition, HOME staff has developed a word-of-mouth network of donors and residents and regularly interface with anyone interested in helping those facing hardship on the streets of La Mesa.
• Assisted Replacement Medication Therapy Medical Specialists • The Lodge of La Mesa (Transition Age Youth)
• Borrego Health-Centro Medico El Cajon
• New Found Homes ILF
• Mission Academy
• 2
nd Chance

HOME Program Historical Statistics
Client Enrollment
Quarter Total Clients
Served New Clients Continuing Clients
Q4 2020 56 n/a n/a
Q1 2021 108 61 47
Q2 2021 75 44 31
Q3 2021 86 44 31
Q4 2021 25 10 15
Q1 2022 69 48 21
Q2 2022 96 62 34
Q3 2022 73 38 35
Q4 2022 108 65 43
Q1 2023 71 28 43
Q2 2023 72 53 19
Q3 2023 71 43 28
Q4 2023 56 27 29
Grand Total 966 523 376
Calls for Service
Quarter Instances of
Service1 Calls for Service
Calls Officers
requested HOME
Assistance
Calls HOME
requested Officer
Assistance
Calls HOME
requested PERT
assistance
Q4 2020 191 110 --- 1 1
Q1 2021 397 187 --- 0 1
Q2 2021 349 355 --- 0 0
Q3 2021 393 134 --- 0 0
Q4 2021 237 81 --- 0 0
Q1 2022 373 617 24 10 0
Q2 2022 626 657 11 22 4
Q3 2022 584 549 26 5 1
Q4 2022 744 417 16 3 0
Q1 2023 633 435 19 7 0
Q2 2023 494 384 16 2 0
Q3 2023 173 447 12 3 0
Q4 2023 274 391 24 3 0
Grand Total 5468 4764 148 56 7
1 Instances of service are included in the total calls for service. This number represent interactions with clients that are enrolled in the county’s case management system. More than one client may be present during a single call for service.

Services and Housing
Quarter HOME
Rides
Direct
Financial
Assistance
Clients who
Received Motel
Vouchers
Clients
Permanently
Housed
Households
Permanently
Housed
Clients
Temporarily
Housed
Households
Temporarily
Housed
Q4 2020 18 $ 3,357.00 7 5 --- 3 ---
Q1 2021 16 $ 10,506.00 7 --- 4 --- 19
Q2 2021 7 $ 4,967.00 9 8 7 --- 5
Q3 2021 144 $ 16,623.42 7 8 3 --- 5
Q4 2021 84 $ 1,071.40 0 12 11 --- 4
Q1 2022 92 $ 6,579.56 5 10 9 6 6
Q2 2022 96 $ 3,727.96 2 16 11 5 3
Q3 2022 68 $ 3,445.75 3 8 6 4 4
Q4 2022 69 $ 3,411.55 3 15 6 2 2
Q1 2023 56 $ 2,210.47 2 17 7 2 2
Q2 2023 59 $ 2,581.44 0 4 2 5 5
Q3 2023 59 $ 7,560.47 2 2 2 6 6
Q4 2023 91 $ 1,344.96 1 10 8 1 1
Grand Total 859 $ 67,386.98 48 115 76 34 62
Total People Housed: 149

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: February 13, 2024
SUBJECT: RESOLUTION AUTHORIZING THE CHIEF OF POLICE

TO ENTER INTO A MEMORANDUM OF AGREEMENT

BETWEEN THE POLICE DEPARTMENT AND THE SAN
DIEGO COUNTY SHERIFF’S DEPARTMENT FOR THE

OPERATION STONEGARDEN GRANT
ISSUING DEPARTMENT: POLICE
SUMMARY:

Issues:

1. Should the City Council approve the Police Department’s participation with the San Diego Sheriff’s Department (SDSD) in the Operation Stonegarden Grant for the reimbursement of expenses related to enforcement of regional crime with a border nexus?

2. Should the City Council authorize the Chief of Police to sign a MOA with the San Diego Sheriff’s Department for the Operation Stonegarden Grant which will reimburse personnel overtime and equipment expenses related to enforcement of regional crime with a border nexus?
Recommendation:

Staff recommends that the City Council:

1. Approve the Police Department’s participation with the San Diego Sheriff’s Department for the Operation Stonegarden Grant, which will reimburse expenses related to the enforcement of regional crime with a border nexus.

2. Authorize the Chief of Police to sign a MOA with the San Diego Sheriff’s Department for the Operation Stonegarden Grant, which will reimburse

Report to Mayor and Councilmembers
Date: February 13, 2024
Page: 2 of 4
personnel overtime and equipment expenses related to the enforcement of regional crime with a border nexus.

Fiscal Impact:

There will be no fiscal impact for the City of La Mesa. This grant will allow the Police Department to receive full reimbursement for the cost of overtime, vehicle mileage, and equipment up to $266,000 within the context of the grant. The reimbursements will consist of up to $190,000 for operation funding and up to $76,000 for approved equipment funding. The operational funding consists of $170,300 in operation overtime, $10,048 for fringe benefits, and $9,652 for mileage costs. The $76,000 in approved equipment funding consists of two handheld narcotics analyzers. Staff work to oversee the grant will not result in added expenditures.

City’s Strategic Goals:
 Maintain a community where residents and visitors feel safe.

BACKGROUND:

Operation Stonegarden was established by the United States Department of Homeland Security in 2005. The intent of this grant is to enhance cooperation and coordination among federal, state, tribal, and local law enforcement in an effort to reduce border related state crimes. The Stonegarden grant is designed to address crime and is not immigration enforcement related (MOA Section 4.2). The La Mesa Police Department shall comply with the California Values Act (SB 54) and department policy when conducting Stonegarden Operations. This is a competitive grant sponsored by the State Homeland Security Program (SHSP) which is awarding approximately $8.7 million dollars toward combating border violence in the San Diego Region.

DISCUSSION:

La Mesa has three major freeways running through it with multiple on and off ramps. It also has several trolley stations that have a direct link to the US/Mexico border. These transportation corridors have the potential to bring border related crime (drug smuggling and human trafficking) into the surrounding areas, including La Mesa.

This grant would allow officers, detectives, dispatchers and sergeants from the Police Department to work with other police personnel throughout the County on reimbursable overtime to address border related criminal activity, which affects La Mesa and the entire county. Some operations may take place within La Mesa. Most other San Diego County

Report to Mayor and Councilmembers
Date: February 13, 2024
Page: 3 of 4
police agencies are participating with the SDSD on this grant. Staffing Operation Stonegarden will be on an overtime basis only and not affect the normal daily operations within the Police Department.

This grant process involves each local agency submitting their overtime requests to the SDSD. The Sheriff’s Department will forward the San Diego County request to the State Administrative Agency (SAA) who will then submit the reimbursement request to Federal Emergency Management Agency (FEMA).

On grant overtime, La Mesa Police personnel would normally work with SDSD and other allied local, state, and federal agency personnel conducting activities similar to:
 High visibility enforcement and traffic stop activity in high intensity drug trafficking areas along the beaches and land borders.
 Offer ground support for aerial flights during the day and night.  High visibility criminal interdiction and/or covert interdiction operations.  Specific operations targeting urban and rural border areas of San Diego County.

CONCLUSION:

Staff recommends that the City Council approve the Police Department’s participation and entering into a MOA with the San Diego Sheriff’s Department for the Operation Stonegarden Grant, which will reimburse expenses related to addressing regional crime with a border nexus.

Staff Reference: Lieutenant Matthew Conlon
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Ray Sweeney
City Manager Chief of Police
Attachments: A. OPSG Worksheet / La Mesa Grant Fund Allocation (Exhibit A) B. FY2022 Standard Assurances (Exhibit B)
C. 2022 OPSG Required Federal Grant Provisions (Exhibit C) D. 2022 OPSG Byrd Anti-Lobbying Certification Form (Exhibit D) E. Memorandum of Agreement

Report to Mayor and Councilmembers
Date: February 13, 2024
Page: 4 of 4
F. Resolution

RESOLUTION NO. 2024-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA

AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUM OF

AGREEMENT BETWEEN THE POLICE DEPARTMENT AND THE SAN DIEGO COUNTY SHERIFF’S DEPARTMENT FOR THE OPERATION STONEGARDEN GRANT
________________________________________________________________ WHEREAS, the City of La Mesa has a goal to maintain a community where residents and visitors feel safe.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, by the City Council of the City of La Mesa, that the City Council authorizes the Chief of Police to sign and enter into a Memorandum of Agreement with the San Diego County Sheriff’s Department and the La Mesa Police Department for the reimbursement of overtime and equipment expenditures incurred while increasing law enforcement presence in the County of San Diego to reduce crime with a border nexus by enforcing state and local laws.

BE IT FURTHER RESOLVED that the City, if awarded the grant, appropriates the funds in the amount of $266,000 for Operation Stonegarden; provided however, that if the actual revenue received from the source specified should be more or less than the amount set forth herein, that the appropriations shall be adjusted to equal the amount actually received.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 13th day of February 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

FY 2022 OPERATION STONEGARDEN

ANNUAL BUDGET WORKSHEET

SUMMARY

A B C D E FGH I
AGENCY NAME Operational OT Fringe Benefits Vehicle/Vessel Maint Equip Maint New/Replace Equip Fuel Costs Mileage Flight Costs M&A TOTAL San Diego County Sheriff's Department 172,870 2,649,747 - 70,710 655,000 - 390,052 54,743 433,678 4,426,800Chula Vista Police Department 2,573 177,427 - - - - - - - 180,000El Cajon Police Department 76,820 3,180 - - 9,000 - - - - 89,000Escondido Police Department 10,000 - - - - - - - - 10,000La Mesa Police Department 10,048 170,300 - - 76,000 - 9,652 - - 266,000Oceanside Police Department 2,209 152,359 17,397 - - 28,035 - - - 200,000San Diego Harbor Police Department 43,936 5,400 17,000 - - 32,400 1,264 - - 100,000Sycuan Tribal Police Department 20,000 - - - - - - - - 20,000University of California San Diego Police Department 9,135 237 - - - - 628 - - 10,000Orange County Sheriff’s Department 21,816 224,211 53,973 - 542,000 - - - - 842,000San Luis Obispo County Sheriff's Office 18,938 121,008 7,338 1,440 24,882 6,075 10,819 4,500 - 195,000Santa Barbara County Sheriff's Office - 144,180 11,100 - 555,000 9,720 6,884 28,116 - 755,000Ventura County Sheriff's Office - 366,858 17,730 - 129,324 11,700 - 53,688 - 579,300Monterey County Sheriff's Office 72,176 1,047 - - 68,704 - 6,773 - - 148,700San Mateo County Sheriff's Office 71,608 8,392 - - - - - - - 80,000CA Highway Patrol 6,100 420,688 - - - - 35,095 38,117 - 500,000CA Department of Fish and Wildlife 39,428 572 - - - - - - - 40,000CA Department of Parks and Recreation 97,330 1,411 21,840 - 128,200 5,760 3,659 - - 258,200 Grand Total San Diego County Region $ 4,867,211 $ 254,793 $ 146,378 $ 72,150 $ 2,188,110 $ 93,690 464,826$ $ 179,164 $ 433,678 $ 8,700,000 Budget Narrative Category

EXHIBIT A

FY 2022 Operation Stonegarden Grant - Standard Assurances Page 1 of 9 Initials _______

EXHIBIT B
Homeland Security Grant Program - Operation Stonegarden Grant (OPSG) FY 2022 Standard Assurances
(All OPSG Participating Agencies)
Name of Agency: ___________________________________________________________________________ Address: _____________________________________________________________________________________ City: _____________________________________ State: ______________ Zip Code: ______________ As the duly authorized representative of the Agency ("Agency") named above, I hereby certify that the Agency has the legal authority to apply for federal assistance and has the institutional, managerial and financial capability (including sufficient funds to pay any non-federal share of project cost or to retroactively repay any reimbursement found out of compliance which was paid to Agency, for as long as the grant is active) to ensure proper planning, management and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Agency is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) HSGP California State Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requirements and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Agency hereby agrees to comply with the following:

1. Proof of Authority
The Agency will obtain written authorization from the city council, governing board or authorized body in support of this project. This written authorization must specify that the Agency and the city council, governing board or authorized body agree:
(a) To provide all matching funds required for said project and that any cash match will be appropriated as required;
(b) That any liability arising out of the performance of this agreement shall be the responsibility of the Agency and the city council, governing board or authorized body; (c) That grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body;
(d) That the Agency is authorized by the city council, governing body, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any, or to retroactively repay any reimbursement found

FY 2022 Operation Stonegarden Grant - Standard Assurances Page 2 of 9 Initials _______ out of compliance, which was paid to Agency, for as long as the grant is active) to ensure proper planning, management and completion of the project described in this application; and (e) That the official executing this agreement is, in fact, authorized to do so.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The Agency is only authorized to perform allowable activities approved under the award, within the period of performance specified in the grant. Allowable activities may be initiated after approval of the award.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a contract, grant, loan or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Agency certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Agencies shall certify and disclose accordingly.

The Agency will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

Finally, the Agency agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Suspension and Debarment
As required by Executive Orders (EO) 12549 and 12689, and 2 C.F.R §200.214 and codified in 2 C.F.R Part 180, Debarment and Suspension, the Agency will provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Agency certifies that it and its principals, contractors, or subcontractors:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

FY 2022 Operation Stonegarden Grant - Standard Assurances Page 3 of 9 Initials _______ (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default.

Where the Agency is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Agency will comply with all state and federal statutes relating to non-discrimination. These include, but are not limited to the following:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. § 12101-12213);
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd --- 2), relating to confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units --- i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) --- be designed and constructed with certain accessible features (See 24 C.F.R § 100.201);
(h) Executive Order (E.O.) 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin;
(i) Executive Order (E.O.) 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (l) The Agency will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code § 12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender

FY 2022 Operation Stonegarden Grant - Standard Assurances Page 4 of 9 Initials _______ expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) which may apply to the application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Agency certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Agency will comply with State and Federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401), which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Orders (EO) 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order (EO) 11988 (g) Executive Order (EO) 11514 which sets forth national environmental standards; (h) Executive Order (EO) 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order (EO) 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.); (m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Agency shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

FY 2022 Operation Stonegarden Grant - Standard Assurances Page 5 of 9 Initials _______

8. Audits
For grant recipients expending $750,000 or more in federal grant funds annually, the Agency will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

9. Cooperation and Access to Records
The agency must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R § 200.337, the Agency will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Agency will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Agency will establish safeguards to prohibit the Agency's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Agency will comply with 31 U.S.C § 3729-3733 which sets forth that no subgrantee, recipient or subrecipient shall submit a false claim for payment, reimbursement or advance.

12. Reporting - Accountability
The Agency agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $30,000 or more in federal funds and (b) executive compensation data for first tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. part 170 Reporting Subaward and Executive Compensation Information.

13. Whistleblower Protections
The Agency also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

14. Human Trafficking
The Agency will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Agency will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327- 333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.

16. Worker’s Compensation
The Agency must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

FY 2022 Operation Stonegarden Grant - Standard Assurances Page 6 of 9 Initials _______

17. Property-Related
If applicable to the type of project funded by this federal award, the Agency will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs.

These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires Agencies in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order (EO) 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 C.F.R. Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally Funded Construction Projects For all construction projects, the Agency will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms to the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
Agencies are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

20. California Public Records Act and Freedom of Information Act The Agency acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Agency should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

FY 2022 Operation Stonegarden Grant - Standard Assurances Page 7 of 9 Initials _______ HOMELAND SECURITY GRANT PROGRAM (HSGP) –

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Acknowledgement of Federal Funding from DHS
All Agencies must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
All Agencies must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All Agencies who collect PII are required to have a publicly available privacy policy that describes standards on the usage and maintenance of PII they collect. Agencies may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.

24. Copyright
All Agencies must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude Agencies from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
All Agencies must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
All Agencies are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A129.

28. Fly America Act of 1974
All Agencies must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

FY 2022 Operation Stonegarden Grant - Standard Assurances Page 8 of 9 Initials _______

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Agencies must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

30. Non-supplanting Requirement
All Agencies who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.

31. Patents and Intellectual Property Rights
Unless otherwise provided by law, Agencies are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All Agencies are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

32. SAFECOM
All Agencies who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
All Agencies must comply with Executive Order (EO) 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Agencies are legally responsible to ensure compliance with the EO and laws.

34. Reporting of Matters Related to Subrecipient Integrity and Performance If the total value of the Agency's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

35. USA Patriot Act of 2001
All Agencies must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.

36. Use of DHS Seal, Logo, and Flags
All Agencies must obtain permission from DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, agencies must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.

FY 2022 Operation Stonegarden Grant - Standard Assurances Page 9 of 9 Initials _______

38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Agency recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Agency, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Agency and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Agency may be ineligible for award of any future grants if Cal OES determines that any of the following has occurred: (1) the Agency has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All Agencies are bound by the Department of Homeland Security Standard Terms and Conditions 2021, Version 11.4, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15- dhs-standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the above-named Agency.

Name of Agency:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

Email Address: ____________________________________________________________

EXHIBIT C
Homeland Security Grant Program – FY2022 Operation Stonegarden Grant (OPSG)

REQUIRED FEDERAL GRANT PROVISIONS

1. Termination for Default. In the event of Contractor's breach of this Agreement, County shall have the right to terminate this Agreement in whole or in part.
(a) Prior to termination for default, Contracting Officer will send Contractor written notice specifying the default.

Contractor shall have ten (10) days from issuance (unless a different time is given in the notice) to respond to the notice as directed by County to acknowledge the default or show cause as to why Contractor is not in default. Such notice may provide Contractor the opportunity to cure the default or to demonstrate progress towards curing the default. If Contractor fails to respond, or if Contractor’s response is not satisfactory to the County, County may terminate this Agreement for default upon written notice from Contracting Officer. (b) If County determines that the default contributes to the curtailment of an essential service; poses an immediate threat to life, health, or property; or constitutes fraud or other serious misconduct, County may terminate this Agreement for default by written notice from the Contracting Officer. (c) In the event of termination for default, all finished or unfinished documents, and other materials, prepared by Contractor under this Agreement shall become the sole and exclusive property of County. (d) If, after termination for default, it is determined for any reason that Contractor was not in default under this Agreement, the rights and obligations of the parties shall be the same as if terminated for convenience under section 2. “Termination for Convenience.”

2. Termination for Convenience. The County may, by written notice from Contracting Officer, terminate this Agreement for convenience, in whole or in part, at any time. Upon receipt of such notice, Contractor shall promptly report to County all undelivered or unaccepted work performed in accordance with this Agreement prior to termination (“Incomplete Work”). Contractor may, at County’s option, be required to complete some or all Incomplete Work during disentanglement.
(a) The County shall pay Contractor as full compensation for work performed and costs of termination:
i. The unit or pro rata price for any delivered and accepted portion of the work. ii. Actual and reasonable Contractor costs for Incomplete Work not mitigable or otherwise recoverable by Contractor. Such compensation shall not exceed the unit or pro rata price due to Contractor had the work been completed.
(b) In no event shall the County be liable for any loss of profits or any other consequential damages. (c) County's termination of this Agreement for convenience shall not preclude it from changing the termination to a default, as set forth in section 1. of this Agreement, nor from taking any action in law or equity against Contractor for:
i. Fraud, waste, or abuse of Agreement funds, or
ii. Improperly submitted claims, or
iii. Any failure to perform the work in accordance with the Statement of Work, or iv. Any breach of any terms or conditions of the Agreement, or

v. Any actions under any warranty, express or implied, or vi. Any claim of unprofessional negligence, or
vii. Any other matter arising from or related to this Agreement, whether know, knowable, or unknown before, during, or after the date of termination.

3. Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms.

Contractor shall, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women’s business enterprises, and labor surplus area firm by:
(a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
(c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (d) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

4. Clean Air Act and The Federal Water Pollution Control Act. [for contracts in excess of $150,000] (a) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 et seq.
(b) The Contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the appropriate federal agency, and the appropriate Environmental Protection Agency Regional Office. (c) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance.
(d) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (e) The Contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the appropriate federal agency, and the appropriate Environmental Protection Agency Regional Office. (f) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance.

5. Debarment and Suspension.
(a) This Agreement is a covered transaction for purposes of 2 C.F.R. 180 and 2 C.F.R. 3000. As such, the Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. 180.995) or its affiliates (defined at 2 C.F.R. 180.905) are excluded (defined at 2 C.F.R. 180.940) or disqualified (defined at 2 C.F.R. 180.935).
(b) The Contractor must comply with 2 C.F.R. 180, subpart C and 2 C.F.R. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

(c) This certification is a material representation of fact relied upon by County. If it is later determined that the Contractor did not comply with 2 C.F.R. 180, subpart C and 2 C.F.R. 3000, subpart C, in addition to remedies available to County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

6. Byrd Anti-Lobbying Amendment. In accordance with 31 U.S.C. 1352 and related regulations, (a) Contractor certifies, and shall require each lower-tier recipient (as that term is defined in 31 U.S.C. 1352) to certify to the tier above, that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any covered federal contract, grant or any other award covered by 31 U.S.C. 1352, and (b) Contractor shall disclose, and shall require each lowertier recipient to disclose to the tier above, any lobbying with non-federal funds that takes place in connection with obtaining any covered federal award.

7. Procurement of Recovered Materials.
(a) In the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:
i. Competitively within a timeframe providing for compliance with the contract performance schedule; ii. Meeting contract performance requirements; or
iii. At a reasonable price.
(b) Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site: https://www.epa.gov/smm/comprehensiveprocurementguideline-cpg-program. (c) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

8. Domestic Preferences. In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, Contractor shall, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement shall be included in all subcontracts under this Agreement. (a) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, must occur in the United States. (b) “Manufactured products” means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

9. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. In accordance with 2 CFR 200.216, Contractor and its subcontractors are prohibited from expending funds under this Agreement to:
(a) Procure or obtain;
(b) Extend or renew a contract to procure or obtain; or (c) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

10. Contract Work Hours and Safety Standards Act. [for contracts in excess of $100,000 that involve the employment of mechanics or laborers] If mechanics or laborers are to be employed under this Agreement, Contractor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR 5).

Contractor shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Contractor shall not require any laborer or mechanic to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous.

11. Equal Employment Opportunity. During the performance of this Agreement, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (c) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
(d) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(f) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (g) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(h) The Contractor will include the portion of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

12. Davis-Bacon Act. [for construction contracts in excess of $2,000] (a) All transactions regarding this Agreement shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. 5 as may be applicable. The Contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. 5 as applicable. (b) Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. (c) Additionally, contractors are required to pay wages not less than once a week.

13. Copeland Anti-Kickback Act. [for construction or repair contracts in excess of $2,000] (a) Contractor. The Contractor shall comply with 18 U.S.C. 874, 40 U.S.C. 3145, and the requirements of 29 C.F.R. 3 as may be applicable, which are incorporated by reference into this Agreement. (b) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the federal funding agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
(c) Breach. A breach of the contract clauses above may be grounds for termination of the Agreement, and for debarment as a Contractor and subcontractor as provided in 29 C.F.R. 5.12.

FY 2022 Operation Stonegarden Grant – Certification Regarding Lobbying P a g e 1 | 2

EXHIBIT D
Homeland Security Grant Program - Operation Stonegarden Grant (OPSG) CERTIFICATION REGARDING LOBBYING UNDER FY2022 OPSG
(All OPSG Participating Agencies)
Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, 'Disclosure of Lobbying Activities,' in accordance with its instructions.

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

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

FY 2022 Operation Stonegarden Grant – Certification Regarding Lobbying P a g e 2 | 2 Homeland Security Grant Program - Operation Stonegarden Grant (OPSG) CERTIFICATION REGARDING LOBBYING UNDER FY2021 OPSG
(All OPSG Participating Agencies)
The Subrecipient, as identified below, certifies, or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Name of Agency: ________________________________________________________________ Signature of Authorized Agent: _______________________________________________ Printed Name of Authorized Agent: ___________________________________________ Title: _____________________________________ Date: _____________________________

1 AGREEMENT FOR
FISCAL YEAR 2022

OPERATION STONEGARDEN (OPSG)

1. PARTIES TO THE AGREEMENT
This Agreement is between 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 (collectively the CITIES), SAN DIEGO UNIFIED PORT DISTRICT (SDUPD), SYCUAN BAND OF THE KUMEYAAY NATION (SBKN), UNIVERSITY OF

CALIFORNIA SAN DIEGO (UCSD), COUNTY OF ORANGE (OC), COUNTY OF SAN

LUIS OBISPO (SLOC), COUNTY OF SANTA BARBARA (SBC), COUNTY OF VENTURA (VC), COUNTY OF MONTEREY (MC), COUNTY OF SAN MATEO (SMC), CALIFORNIA HIGHWAY PATROL (CHP), DEPARTMENT OF FISH AND WILDLIFE (DFW), and the CALIFORNIA DEPARTMENT OF PARKS AND RECREATION (DPR), each a PARTY and collectively the PARTIES, for support of the Operation Stonegarden (OPSG) program.

1.1 Party Departments or Agencies Participating In The Agreement

1.1.1 For the COUNTY, participating agency is the Sheriff's Department (SHERIFF).

1.1.2 For the CITIES, SDUPD, SBKN, and UCSD, participating agencies are their respective police departments.

1.1.3 For OC, LAC, SLOC, SBC, VC, MC, and SMC participating agencies are their respective Sheriff's Departments.

1.1.4 CHP, DFW, and DPR do not have subordinate agencies or department participants.

2. RECITALS

2.1 WHEREAS, COUNTY through SHERIFF applied for, and was awarded grant funds from the U. S. Department of Homeland Security (DHS) passed through the California Governor's Office of Emergency Services (Cal OES), under the Fiscal Year (FY) 2022 Operation Stonegarden (OPSG) grant program. As an applicant for the San Diego Border Patrol Sector, SHERIFF shall be the lead agency to manage the OPSG program.

2.2 WHEREAS, funds shall be used to support the OPSG program to enhance law enforcement preparedness and operational readiness along the land and water borders of the United States.

2.3 WHEREAS, Government Code § 55632 authorizes COUNTY and PARTIES to contract for provision of joint law enforcement services.

2 2.4 WHEREAS, PARTIES desire to enter into an agreement with provisions concerning the nature and extent of OPSG collaboration, services rendered, and compensation.

2.5 WHEREAS, COUNTY, by action of the Board of Supervisors Minute Order No. 17 on June 27, 2023, approved the appropriation and use of FY 2022 OPSG funds to reimburse PARTIES for program related overtime and fringe benefits; equipment purchases and maintenance costs; fuel; mileage; flight; and management and administration costs incurred not to exceed the amounts described in Exhibit A – FY 2022 OPSG Budget Worksheet in paragraph 2.9 (a), during the period of performance (POP) September 1, 2022 through May 31, 2025 but, the operational project period for PARTIES shall be the date of FEMA's approval, April 13, 2023 through February 28, 2025.

2.6 WHEREAS, PARTIES shall retain documentation supporting all expenditures reimbursed from OPSG grant funds, ensure all expenditures are allowable under grant requirements, adhere to the federal procurement standards found in Title 2 of the Code of Federal Regulations, Part 200, Subpart D, Section § 200.317-§ 200.327, and comply with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F - Audit Requirements regarding organization-wide financial and compliance audit reports if $750,000 or more of OPSG federal funds are expended in a fiscal year.

2.6.1 Documentation shall be retained in accordance with the FEMA Preparedness Grants Manual and other OPSG grant requirements and shall be available for audit and inspection.

2.7 WHEREAS, PARTIES agree that this Agreement does not provide Federal authority to PARTIES to enforce immigration laws (Title 8 USC).

2.8 WHEREAS, PARTIES acknowledge the following information for the OPSG grant program:
(a) Federal Grantor Agency: U. S. Department of Homeland Security (DHS) (b) Administrative Authority: Federal Emergency Management Agency (FEMA) (c) Operational Oversight: U. S. Customs and Border Protection (CBP) (d) State Administrative Agency (SAA) or Pass-Through Agency: California Governor's Office of Emergency Services (Cal OES)
(e) Program Title: Homeland Security Grant Program (HSGP) Operation Stonegarden (OPSG)
(f) Grant Identification Number: 2022-0043
(g) Federal CFDA Number: 97.067

2.9 WHEREAS, PARTIES agree and shall utilize and adhere to the Exhibits attached hereto and/or available using the referenced links:

3 (a) Exhibit A – FY 2022 OPSG Budget Worksheet
(b) Exhibit B – FY 2022 OPSG Standard Assurances
(c) Exhibit C – FY 2022 OPSG - Required Federal Grant Provisions (d) Exhibit D - FY 2022 OPSG – Byrd Anti-Lobbying Certification Form (e) Exhibit E – FY 2022 OPSG Operations Order
(f) Exhibit F – Title 2 of the Code of Federal Regulations Part 200, (g) Exhibit G – Appendix II Part 200
(includes instructions to develop specific language for the provisions to be incorporated within a contract)
(h) Exhibit H - FY 2022 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity (NOFO)
(i) Exhibit I - FY 2022 Homeland Security Grant Program (HSGP) California Supplement to the Federal Notice of Funding Opportunity (NOFO) (j) Exhibit J – FEMA Preparedness Grants Manual (PGM)
Nothing in the Exhibits above shall limit the requirements of this Agreement.

NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that COUNTY will reimburse, and PARTIES will provide, a level of OPSG services as set forth in this Agreement.

3. PURPOSE AND INTENT
The purpose of this Agreement is to satisfy the OPSG grant program proposal awarded by the DHS and passed through to Cal OES, under the FY 2022 Operation Stonegarden grant program.

4. SCOPE OF SERVICES

4.1 Method of Service Delivery
SHERIFF shall manage the OPSG grant program, oversee the funding allocation of PARTIES, and be administratively responsible for coordination of PARTIES' obligations under this Agreement. SHERIFF's OPSG grant program team will be staffed as described in paragraph 6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES.

4.2 Overview of Basic Services
PARTIES shall perform OPSG Operations ("Operations") by increasing law enforcement presence in each PARTY's designated jurisdiction and in coordination with other OPSG partner agencies to support the U. S. Customs and Border Protection (CBP) efforts to improve border security in the region. PARTIES shall enforce local and state laws within their designated jurisdiction subject to the California Values Act (SB 54; Chapter 495) and shall not enforce or aid in the enforcement of immigration laws on behalf of U. S.

Customs and Border Protection (CBP) and U. S. Border Patrol (BP). This Agreement does not provide Federal authority to PARTIES to enforce immigration laws (Title 8 USC).

4 5. TERM OF AGREEMENT
The OPSG grant program Period of Performance (POP) is September 1, 2022 through May 31, 2025, but the operational project period for PARTIES shall be the date of FEMA's approval, April 13, 2023 through February 28, 2025.

5.1 Initial Term
The term of this Agreement shall be retroactive to 12:01 a.m. on April 13, 2023 and shall continue in effect through and terminate at midnight on May 31, 2025; subject to the termination provision in paragraph 5.3.

5.2 Option to Extend
Renewal or extension of the Agreement beyond May 31, 2025 shall be subject to remaining grant funds and to a time extension approved by Cal OES. PARTIES that choose not to renew shall terminate its participation at the end of the term of this Agreement.

5.3 Termination
Subject to the applicable provisions of state law, each PARTY may terminate its participation in this Agreement upon ninety (90) days minimum written notice to the other PARTIES.

5.3.1 A PARTY may terminate its participation in this Agreement immediately upon written notice to the other PARTIES in the event it becomes ineligible to receive grant funds under this Agreement.

5.3.2 As the lead agency, SHERIFF, with approval from FEMA, CBP, and/or Cal OES as needed, may require the termination of a PARTY's participation if it is determined that the PARTY has violated the provisions of this Agreement, including failure to provide the Anticipated Outcome set forth in section 6.3.

6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES

6.1 Suspension and Debarment
SHERIFF will request, and PARTIES shall provide a copy of the SAM.gov report for their agency which shows their Active and Inactive Exclusions. Any PARTY with Active Exclusions at the onset of, or any time during, the term of this Agreement is not eligible to participate as set forth in Executive Orders 12549 and 12689, 2 CFR 200.214, and codified in 2 CFR Part 180, and shall terminate its participation in this Agreement as provided for in paragraph 5.3 Termination.

6.2 Byrd Anti-Lobbying Amendment
PARTIES that receive an award greater than $100,000 shall certify to SHERIFF on the Byrd Anti-Lobbying Certification Form attached hereto as Exhibit D, that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each

5 PARTY shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from agency to agency up to the recipient who in turn will forward the certifications to the federal awarding agency.

6.3 Anticipated Outcome
The anticipated outcome of Operations to be performed by PARTIES under this Agreement is increased law enforcement presence in each PARTY's designated jurisdiction to support U. S. DHS and U. S. CBP efforts in the region to improve border security and reduce border related crime. The anticipated outcome will be reached by achieving the goals and accomplishing the missions set forth below by PARTIES and in Exhibit E – FY 2022 OPSG Operations Order.

6.3.1 PARTIES shall provide enhanced enforcement by increasing patrol presence in proximity to the border and/or routes of ingress from the border, including the water borders. In addition, PARTIES shall utilize their unique investigatory areas of expertise in operations.

6.3.2 Increased intelligence/information sharing among PARTIES, including but not limited to:
(a) Conducting bi-monthly meetings with a minimum of one representative from each PARTY.
(b) Increasing information sharing during operations.

6.3.3 Prior to Operations, PARTIES' Designated Operations Coordinator, in paragraph 6.4.3, shall submit an operational plan and schedule to the Integrated Planning Team (IPT) at least 72 hours prior to the operation.

6.3.3.1 The IPT is comprised of SHERIFF and CBP sworn personnel.

6.3.3.2 The role of the IPT is to provide support and guidance to the local, state, and federal law enforcement stakeholders within the grant.

6.3.4 Within 48 hours following the conclusion of each Operation:

6.3.4.1 Each PARTY shall complete a Daily Activity Report (DAR) form in Excel format, which will be submitted as supporting documentation for any reimbursement request. Information entered in the Narrative section of the DAR form shall include statistical data and reports from Field Interviews (FIs), Arrest Reports, and/or Citations.

6.3.4.2 PARTIES' Designated Operations Coordinator in paragraph 6.4.3, or designee, shall enter and submit the same DAR information directly into DHS's Homeland Security Information Network (HSIN).

6 6.3.4.3 PARTIES' Designated Operations Coordinator or designee shall ensure DAR information entered in HSIN is correct and shall make necessary corrections until it is processed for approval.

6.4 Personnel Qualifications and Assignment

6.4.1 Qualifications
Each PARTY shall ensure that personnel assigned to perform Operations pursuant to this Agreement meet the minimum qualifications for their specific classification.

6.4.1.1 Personnel assigned to perform law enforcement activities in support of OPSG initiative to enhance border security must be peace officers who are certified to act as public safety officers, including but not limited to rangers, lifeguards, detectives, and investigators who work in a patrol capacity, along with assistance from other law enforcement direct support personnel such as communication officers/dispatchers and patrol pilots.

6.4.2 Management, Direction, and Supervision; Independent Contractors The hiring, firing, management, direction, and supervision of each PARTY's personnel, the standards of performance, the discipline of each PARTY's personnel, and all other matters incident to the performance of such services, shall be performed by and be the responsibility of each PARTY in each PARTY's sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each PARTY shall be the appointing authority for all its personnel provided to OPSG by this Agreement. PARTIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to any other PARTY's personnel.

Each PARTY and its respective officers, agents, and employees are independent contractors and are not officers, agents, and employees of any other PARTY. Each PARTY's personnel are under the direct and exclusive supervision of that PARTY, and each PARTY assumes full responsibility for the performance of its own personnel in connection with this Agreement. No PARTY has the authority to bind any other PARTY.

6.4.3 Designated Operations Coordinators
SHERIFF shall select a Designated Operations Coordinator, at the rank of Sheriff's Lieutenant or higher, who shall manage and direct OPSG operations. All other PARTIES shall select a Designated Operations Coordinator for their respective agency under this Agreement. The Designated Operations Coordinator for each PARTY shall serve as their agency contact and shall implement, as needed, appropriate procedures governing the performance of all requirements under this Agreement and shall be responsible for meeting and conferring in good faith to address any disputes which may arise concerning implementation of this Agreement.

7 6.4.4 Staffing for Basic Services
PARTIES shall ensure that adequate numbers of their qualified respective personnel are always provided to Operations during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein.

6.4.5 Equipment and Supplies
COUNTY will provide SHERIFF OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform Operations. Similarly, all other PARTIES will provide their respective OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform Operations unless otherwise specified in Exhibit E - FY 2022 OPSG Operations Order.

6.4.5.1 PARTIES are responsible for the procurement of their own equipment to be used in Operations.

6.4.5.2 PARTIES shall maintain an inventory list of all equipment purchased with OPSG funds and when practicable, equipment shall be labeled with:
"Purchased with funds provided by the U. S. Department of Homeland Security".

7. COST OF SERVICES/CONSIDERATION

7.1 General

7.1.1 As full consideration for the satisfactory performance and completion by PARTIES of Operations set forth in this Agreement, COUNTY shall reimburse PARTIES for personnel assigned to perform Operations based on claims and submittals as set forth hereunder. Such payments by COUNTY are dependent on the continued availability of funds from the DHS passed through the Cal OES.

7.1.2 PARTIES agree that awarded funds identified as allowable costs, as set forth in Exhibit J – FY 2022 FEMA Preparedness Grants Manual (PGM), shall be expended only for approved Operations operating expenses and equipment as detailed in Exhibit A – FY 2022 OPSG Budget Worksheet, and that unallowable costs are not reimbursable as set forth in Exhibit J – FEMA PGM.

7.1.2.1 Law enforcement activities, such as operational overtime costs incurred by increased patrol operations, in support of enhanced border security will be performed by peace officers who are certified to act as public safety officers, as described in paragraph 6.4.1.1 of this Agreement.

7.1.2.2 Personnel assigned to perform Operations may not work an overtime shift that exceeds 16 hours worked in any 24-hour period.

8 7.1.2.3 Unallowable OPSG activities include but are not limited to, costs associated with evidence collection, arrest processing, prosecution and Traffic/DUI checkpoints, such as evidence documentation cameras, fingerprinting supplies, alcohol breathalyzers, traffic barricades, and similar law enforcement expenses. General IT computing equipment, construction and/or renovation expenses, as well as exercise program costs are also prohibited under OPSG.

7.1.3 No reimbursement shall be made to a PARTY during any period within which that PARTY is in default on filing any informational or financial reports required by SHERIFF. SHERIFF shall make any necessary adjustments to PARTY claims to correct for overpayments, underpayments, or disallowances.

7.2 Project Costs/Rate of Compensation
SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform Operations and shall reimburse for costs approved in Exhibit E – FY 2022 OPSG Operations Order, based upon available funding and the actual costs incurred by PARTIES to provide Operations.

7.3 Reimbursement Method
PARTIES shall submit to SHERIFF, accurate and complete reimbursement forms, labor reports, timesheets, DARs, equipment and equipment maintenance invoices, procurement documents, purchase orders and/or contracts, and proof of payment, that represent amounts to be reimbursed under this Agreement within ninety (90) days from the date when expenditure was incurred. All requests for reimbursement shall be sent to:

San Diego County Sheriff's Department
O-41 Grants Unit (OPSG)
P. O. Box 939062
San Diego, CA 92193-9062

7.3.1 Reimbursement forms and invoices must have the signature of PARTY's Authorized Agent, certifying that the invoice and substantiating documentation, e.g., DARs, timesheets, payroll and labor reports, procurement documents, etc., are true and correct.

7.3.2 PARTIES shall provide payroll records for each person whose costs are reimbursable under this Agreement, to include, at a minimum, the person's name, classification, duty position, task, regular hourly rate, overtime hourly rate, overtime hours worked, date(s) overtime worked, and fringe benefit rate and cost.

7.3.2.1 PARTIES shall make available to SHERIFF for inspection, upon request, all payroll records and any other records that relate to the Basic Services provided under this Agreement.

9 7.3.3 PARTIES shall submit to SHERIFF, verifiable and complete supporting documentation to substantiate reimbursement requests for service maintenance and/or equipment purchase, to include the equipment inventory ledger, certified copies of invoice, purchase order, proof of payment to vendor and other procurement documentation. Compliance with the disclosure requirements of this Agreement by any PARTY shall not otherwise waive Attorney-Client privilege or any other privilege or exemption.

7.3.3.1 PARTIES shall provide procurement records that show proof of compliance to 2 CFR 200.317-200.327 requirements, and documents that substantiate full and open competition, to include but not limited to, copies of solicitation (RFQ, RFB, RFP), rationale for the method of procurement, contract policy, basis for the contract type and price, purchase request, statement of work and other pre-solicitation documents, cost/price analysis (if applicable), profit negotiation (if applicable), purchase orders, federal contract provisions with required language incorporated within contracts under federal award (as directed herein by Exhibit G – Appendix II Part 200), notice of award, record of protest, performance or other bond documents, specialized endorsements and request form approvals (if applicable), suspension and debarment listing, etc.

7.3.3.2 PARTIES shall make available to SHERIFF for inspection and upon request, all procurement records that provide historical and background information to answer inquiries pertaining to the acquisition of service maintenance and/or equipment that may arise in a review or audit or until the grant record retention period expires.

7.3.4 PARTIES shall ensure awareness, understanding, and compliance to all grant rules and procurement requirements. PARTIES shall be responsible in making sure that proper authorizations are in place for any OPSG equipment purchase that requires specialized endorsement or approvals, including waiver request forms or Environmental and Historic Preservation (EHP) review and compliance.

7.3.5 Noncompetitive procurements of equipment exceeding the $250,000 simplified acquisition threshold established by Federal Acquisition Regulation (FAR) 48 CFR Subpart 2.1, in accordance with 41 U.S.C. 1908, requires prior written approval from Cal OES.

7.3.5.1 Prior to purchasing equipment determined to be noncompetitive, PARTIES shall email SHERIFF a copy of their Purchasing Agent's approval for the noncompetitive procurement which SHERIFF will submit to Cal OES for approval.

7.3.6 PARTIES shall obtain a performance bond from vendors prior to procuring equipment over $250,000, or any vehicle, aircraft, or watercraft, to be paid at the time of purchase, to ensure delivery of the equipment within ninety (90) days of the performance period end date.

10 7.3.6.1 Performance bond shall be included for reimbursement with invoice.

7.3.7 Within ninety (90) days of receipt of valid invoice and supporting documentation specified in subparagraphs under 7.3, SHERIFF will reimburse PARTIES for the Basic Services agreed to.

7.3.8 Each PARTY shall manage their allocation and track their claims to remain within their allocated amount as specified in Exhibit A – FY 2022 OPSG Budget Worksheet.

7.4 Reimbursement Disallowances
PARTIES not in compliance with procedures in paragraph 7.3 above risk having incurred expenditures disallowed for reimbursement by SHERIFF. PARTIES that fail to submit claims for reimbursement within ninety (90) days will be notified in writing by SHERIFF that the claim(s) is/are past due, and funds allocated to the PARTY for that period may be redistributed among other PARTIES.

8. PROGRAM/FINANCIAL ADMINISTRATION

8.1 PARTIES shall use as the primary reference in all programmatic, financial, and grant administration matters and adhere to the policies and regulations in Exhibit F - Title 2 of the Code of Federal Regulations Part 200 (2 CFR Part 200), Exhibit H – FY 2022 HSGP NOFO, Exhibit I – FY 2022 HSGP CA Supplement to the NOFO, and Exhibit J – FEMA Preparedness Grants Manual, in conjunction with updates issued by the Office of Management and Budget (OMB), Grants & Training (G&T) information bulletins, and Cal OES policy, regulations, and statutes.

8.1.1 Contract Provisions
PARTIES shall ensure that all contracts adhere to all applicable procurement rules and regulations stated in 2 CFR 200.317–200.327 and described in Appendix II Part 200 - Contract Provisions for Non-Federal Entity Contracts under Federal Awards.

Reimbursement claims associated with contracts found to be out of compliance will be denied.

8.1.2 Methods of Procurement
PARTIES shall adhere to the procurement methods found in 2 CFR 200, Subpart D, § 200.320.

8.1.3 Grant Requirements
PARTIES shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. 200 Subpart D, including requiring their contractors to comply with the applicable Federal Requirements contained in Exhibit C hereto.

11 9. REPAYMENT OF REIMBURSEMENTS

9.1 Any PARTY found through compliance assessments, audits, or monitoring site visits, to be out of compliance with paragraphs 7.3 and 8 above, shall retroactively repay SHERIFF, within ninety (90) days of notification, any reimbursement found out of compliance which was paid to PARTY during the term of, and even after the term, of this Agreement. This provision shall survive termination or expiration of this Agreement.

10. INDEMNIFICATION – WORKERS' COMPENSATION, EMPLOYMENT AND

CLAIMS AND LIABILITY ISSUES

10.1 The COUNTY shall fully indemnify and hold harmless non-County PARTIES and their respective officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs and/or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY.

10.2 Each non-County PARTY shall fully indemnify and hold harmless the COUNTY, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective non-County PARTY or any contract labor provider retained by non-County PARTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective non-County PARTY or any contract labor provider retained by the non-County PARTY.

10.3 Each non-County PARTY shall fully indemnify and hold harmless the other nonCounty PARTIES, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective non-County PARTY or any contract labor provider retained by non-County PARTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or

12 other such matters) which is brought by an employee of that respective non-County PARTY or any contract labor provider retained by the non-County PARTY.

11. INDEMNIFICATION RELATED TO ACTS OR OMISSIONS; NEGLIGENCE

11.1 Claims Arising from Sole Acts or Omissions of a PARTY Each PARTY to this Agreement hereby agrees to defend and indemnify the other PARTIES to this Agreement, their agents, officers, and employees, from any claim, action, or proceeding against the other PARTIES, arising solely out of its own acts or omissions in the performance of this Agreement. At each PARTY's sole discretion, each PARTY may participate at its own expense in the defense of any claim, action, or proceeding, but such participation shall not relieve any PARTY of any obligation imposed by this Agreement.

PARTIES shall notify each other promptly of any claim, action, or proceeding and cooperate fully in the defense.

11.2 Claims Arising from Concurrent Acts or Omissions
The PARTIES hereby agree to defend themselves from any claim, action, or proceeding arising out of the concurrent acts or omissions of the PARTIES. In such cases, PARTIES agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 11.4 below.

11.3 Joint Defense
Notwithstanding paragraph 11.2 above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 11.4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others.

11.4 Reimbursement and/or Reallocation
Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments, and awards, consistent with such comparative fault.

12. GENERAL PROVISIONS

12.1 Notices
Any notice, request, demand, or other communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows, or, to such other place as each PARTY may designate by subsequent written notice to each other:

13 To SHERIFF:

Sheriff
San Diego County Sheriff's Department
P. O. Box 939062
San Diego, CA 92193-9062
To Non-County PARTIES:

Chief Chief
Chula Vista Police Department El Cajon Police Department 315 Fourth Avenue 100 Civic Center Way
Chula Vista, CA 91910 El Cajon, CA 92020
Chief Chief
Escondido Police Department La Mesa Police Department
1163 North Centre City Parkway 8085 University Avenue
Escondido, CA 92026 La Mesa, CA 91942
Chief Chief
Oceanside Police Department San Diego Harbor Police Department 3855 Mission Avenue 3380 North Harbor Drive
Oceanside, CA 92054 San Diego, CA 92101
Chief Chief
University of California-San Diego Sycuan Tribal Police Department Police Department 4 Kwaaypaay Road
9500 Gilman Drive, MC 0017 El Cajon, CA 92019
La Jolla, CA 92093

Sheriff Sheriff
Orange County Sheriff's Department Ventura County Sheriff's Office 550 550 North Flower Street 800 South Victoria Avenue
Santa Ana, CA 92703 Ventura, CA 93009
Sheriff Sheriff
Santa Barbara County Sheriff's Office Monterey County Sheriff's Office 4434 Calle Real 1414 Natividad Road
Santa Barbara, CA 93110 Salinas, CA 93906
Sheriff Sheriff
San Luis Obispo County Sheriff's Office San Mateo County Sheriff's Office 1585 Kansas Avenue 400 County Center
San Luis Obispo, CA 93405 Redwood City, CA 94063

14 Chief Chief of Enforcement
California Highway Patrol California Department of Fish and 9330 Farnham Street Wildlife
San Diego, CA 92123 1416 9th Street, Room 1326
Sacramento, CA 95814

Chief
California Department of Parks and Recreation
1416 9th Street
Sacramento, CA 95814
A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. on a business day or otherwise on the first business day following personal delivery; or two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when received.

12.2 Amendment; Assignment
This Agreement may be modified or amended only by a written document signed by the COUNTY through SHERIFF and the affected PARTY or PARTIES, and no oral understanding or agreement shall be binding on any PARTY or PARTIES. No PARTY shall assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other PARTIES.

12.3 Entire Agreement
This Agreement constitutes the complete and exclusive statement of agreement among the COUNTY and non-County PARTIES with respect to the subject matter hereto. As such, all prior written and oral understandings are superseded in total by this Agreement.

12.4 Construction
This Agreement will be deemed to have been made and shall be construed, interpreted, governed, and enforced pursuant to, and in accordance with, the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one PARTY.

12.5 Waiver
A waiver by COUNTY or non-County PARTIES of a breach of any of the covenants to be performed by COUNTY or non-County PARTIES shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of any PARTY to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by COUNTY or nonCounty PARTIES of either performance or payment shall not be considered a waiver of PARTY's preceding breach of this Agreement.

15 12.6 Authority to Enter Agreement
COUNTY and non-County PARTIES have all requisite power and authority to conduct their respective business and to execute, deliver, and perform the Agreement. Each PARTY warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective PARTY.

12.7 Cooperation
COUNTY through SHERIFF and Non-County PARTIES will cooperate in good faith to implement this Agreement.

12.8 Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. SHERIFF will provide each PARTY with a copy of this Agreement once fully executed.

12.9 Severability
This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed upon by the PARTIES, to conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of this Agreement to any PARTY is lost, then the Agreement may be terminated at the option of the affected PARTY, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect.

12.10 Legislative Changes
If any changes are made to regulations pursuant to which this Agreement is made or to any successor legislation or regulations, or if the DHS imposes any budget requirements or limitations applicable to this Agreement and the services to be provided hereunder, then (1) to the extent any of the changes are of mandatory application, such change(s) shall apply to the PARTIES in this Agreement, and this Agreement shall be deemed to be amended to be consistent with such changes(s) except to the extent that such change(s) alter(s) a material provision of this Agreement in which case such material provision shall be voidable and the PARTIES will negotiate in good faith to amend the Agreement as necessary, and (2) to the extent any of the changes are not of mandatory application, such change(s) shall not affect this Agreement or the right or obligations of COUNTY and non-COUNTY under this Agreement unless the PARTIES mutually agree to subject themselves to such changes(s).

12.11 Representation
Each PARTY’s Chief, and/or Sheriff, or their respective designee, shall represent its PARTY in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent COUNTY in all discussions pertaining to this Agreement.

16 12.12 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, representatives described in paragraph 12.11, will meet, and confer within ten (10) business days after receiving notice of the dispute to resolve the dispute.

12.13 Termination of Funding
If funding for reimbursement of costs related to Operations is terminated by the DHS, this Agreement in its entirety shall be considered null and void and COUNTY through SHERIFF and PARTIES shall no longer be required to provide Operations as described herein. In such event, PARTIES shall meet immediately, and if agreed upon by the PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of Operations through alternate means.

12.14 Obligation
This Agreement shall be binding upon the successors of the PARTIES.

12.15 California Law
This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of California.

IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this Agreement, such Agreement being effective April 13, 2023, unless otherwise specified.

Approved as to form and legality:

SAN DIEGO COUNTY CLAUDIA G. SILVA

SHERIFF'S DEPARTMENT OFFICE OF COUNTY COUNSEL

COUNTY OF SAN DIEGO
___________________________ _____________________________ Kelly A. Martinez Mark Day
Sheriff Senior Deputy

CHULA VISTA POLICE EL CAJON POLICE

DEPARTMENT DEPARTMENT
___________________________ _____________________________ Roxana Kennedy Mike Moulton
Chief Chief

17 ESCONDIDO POLICE LA MESA POLICE

DEPARTMENT DEPARTMENT
___________________________ _____________________________ Ed Varso Ray Sweeney
Chief Chief

OCEANSIDE POLICE SAN DIEGO HARBOR POLICE

DEPARTMENT DEPARTMENT
___________________________ _________________________________ Kedrick Sadler Magda Fernandez
Chief Chief

UNIVERSITY OF CALIFORNIA SYCUAN TRIBAL POLICE

SAN DIEGO POLICE DEPARTMENT DEPARTMENT
___________________________ ___________________________ Lamine Secka William Denke
Chief Chief
Approved as to form and legality:

ORANGE COUNTY LEON J. PAGE

SHERIFF'S DEPARTMENT THE OFFICE OF COUNTY COUNSEL

COUNTY OF ORANGE
___________________________ ___________________________ Don Barnes Nicole A. Sims
Sheriff-Coroner Supervising Deputy

SAN LUIS OBISPO COUNTY VENTURA COUNTY

SHERIFF'S OFFICE SHERIFF'S OFFICE
___________________________ ___________________________ Ian Parkinson James Fryhoff
Sheriff Sheriff

18 SANTA BARBARA COUNTY MONTEREY COUNTY

SHERIFF'S OFFICE SHERIFF'S OFFICE
___________________________ ___________________________ Bill Brown Tina Nieto
Sheriff-Coroner Sheriff-Coroner

SAN MATEO COUNTY CALIFORNIA HIGHWAY PATROL

SHERIFF'S OFFICE BORDER DIVISION
___________________________ ___________________________ Christina Corpus Tommie Cocroft
Sheriff Chief

CALIFORNIA DEPARTMENT CALIFORNIA DEPARTMENT

OF FISH AND WILDLIFE OF PARKS AND RECREATION
___________________________ ___________________________ Melinda Peacock Gina Moran
Section Chief District Superintendent
Contracts and Procurement Section
Business Management Branch

REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: February 13, 2024
SUBJECT: A. Resolution Authorizing Execution of a Loan Agreement (No. 8608-110) with the State of California for a State Revolving Fund Loan
B. Resolution Accepting the Funds from the State
Revolving Fund Loan (No. 8608-110) and Appropriating
the Expenditure in a Capital Improvement Program
Project Account for Inflow and Infiltration Project Phase 6 ISSUING DEPARTMENT: Public Works
SUMMARY:

Issues:

A. Should the City of La Mesa authorize execution of a loan agreement (No. 8608-110) with the State of California for a State Revolving Fund Loan? B. Should the City of La Mesa accept the funds from the State Revolving Fund Loan (No. 8608-110) and appropriate the expenditure in a Capital Improvement Program Project Account for Inflow and Infiltration Project Phase 6?
Recommendation:

A. Authorize execution of a loan agreement (No. 8608-110) with the State of California for a State Revolving Fund Loan.

B. Accept the funds from the State Revolving Fund loan (No. 8608-110) and appropriate the expenditure in a Capital Improvement Program Project Account for Inflow and Infiltration Project Phase 6.

Report to Mayor and Councilmembers
Date: February 13, 2024
Page: 2 of 5
Fiscal Impact:

The loan amount is for up to $7M, but only the amount necessary for the design and construction will be charged to Inflow and Infiltration Project Phase 6. The repayment of the loan will start one calendar year after the construction completion and acceptance of the construction by the City and will be for a period of 20 years at 1.65% interest.

City’s Strategic Goals:
 Invest in infrastructure to serve the needs of the community.  Promote a high quality of life that current and future generations can afford to call home.

Environmental Review:

The project is categorically exempt under California Environmental Quality Act Exemption Class 2: 15302(c)- Replacement of Existing Facilities Filed April 23, 2023.

Climate Action Plan Reduction Strategy:
 W-3 Pure Water Program – Participate in the Pure Water Program to convert wastewater to potable drinking water.

BACKGROUND:

In December 2010, during a very heavy rain event, the sewer system across the City was inundated by storm water inflow and infiltration resulting in sanitary sewer overflows.

In March 2011, the Regional Water Quality Control Board issued Investigative Order R9- 2011-0040 directing the City to show the circumstances involved in the spills, and to provide technical reports.

In December 2012, the Regional Water Quality Control Board issued Administrative Civil Liability (ACL) R9-2012-0014 for $948,816 based on the findings following the Investigative Order. The City was able to settle the ACL for $413,856 and was also required to complete a Supplementary Environmental Project.

As a response, the City prioritized sewer capital projects both included in the Wastewater Master Plan, and those designed protect the environment. The City of La Mesa’s

Report to Mayor and Councilmembers
Date: February 13, 2024
Page: 3 of 5
wastewater CIP goals are to:
 Avoid sanitary sewer overflows;
 Reduce financial burdens;
 Enhance the environment;
 Eliminate liabilities; and
 Reduce the required maintenance efforts.

In December 2020, the City Council approved resolution 2020-144 authorizing submitting an initial application to the State for the SRF loan. A required modified version was also approved by the City Council May 23, 2023, by resolution 2023-060.

In March 2021, the City hired environmental and engineering design consultants to prepare environmental documents and design replacement and rehabilitation of sewer in the Vista La Mesa neighborhood of La Mesa. The scope of work for Inflow and Infiltration Project Phase 6 includes determining the optimum alignment, and system improvements.

In October 2021, the City submitted the loan applications to the State Board. The State Board notified the City of eligibility and placement on the funding list in 2022. The final agreement was drafted and issued in December 2023.

DISCUSSION:

The Inflow and Infiltration Project Phase 6 contains a notable amount of concrete sewer pipe and slip-lined pipe that generally contribute a significant amount of inflow and infiltration due their poor condition or restricted capacity. Additionally, concrete sewer has limited lifespan due to sewer gas corrosion. Consequently, these pipes will be replaced.

Sewer and manholes will be replaced/rehabilitated within roadway and easements in portions of: (Attachment C)
 Shirlene Place
 King Street
 Lois Street
 Marian Street
 Charles Street
 Violet Street
 Hybeth Drive
 Blackton Drive
The scope of the project includes replacement and rehabilitation of 15,377 feet of sewer

Report to Mayor and Councilmembers
Date: February 13, 2024
Page: 4 of 5
pipe and 54 manholes. The project time is estimated at 250 working days and the tentative project start date is Spring 2024 with completion in winter of 2024/2025.

In order to be able to complete a project of this magnitude, the City requires the SRF funding to augment its CIP budget. The SRF loan is a low interest loan available to local agencies and districts from the State Water Resources Control Board to fund sewer and water projects. The loan provides a means to construct projects that otherwise would not be completed due to the agencies’ available funding restrictions. The City has previously taken advantage of the low interest loan program and has upgraded other portions of the sewer system over the past 20 years.

The City of La Mesa has previously received six State Revolving Fund (SRF) loans for Inflow and Infiltration Mitigation and trunk line projects beginning in 2004. Please see Attachment D for the SRF loans and status.

Upon approval of the resolutions to execute the loan agreement and appropriate funds, the City will set up a Capital Improvement Program project account to proceed with the execution of the construction and construction management contracts.

Depending on bid results, the total cost of the project may exceed $7M, and an additional funding source and/or adding on additional SRF loan funds may be required. A separate bid award will require approval by La Mesa City Council following the advertisement period.

Report to Mayor and Councilmembers
Date: February 13, 2024
Page: 5 of 5
CONCLUSION:

Staff recommends that the City Council adopt the attached resolutions:

A. Authorizing execution of a loan agreement (No. 8608-110) with the State of California for a State Revolving Fund Loan;
B. Accepting the funds from the State Revolving Fund Loan (No. 8608-110) and appropriating its expenditure in a Capital Improvement Project Inflow and Infiltration Project Phase 6.

Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
Attachments: A – Resolution- SRF Agreement
Appendix A to Resolution A- SRF Agreement
B – Resolution- Appropriation of Funds
C – Project Map
D – Current SRF Loans and Status

RESOLUTION NO. 2024-
RESOLUTION AUTHORIZING EXECUTION OF A LOAN AGREEMENT (No. 8608-110) WITH THE STATE OF CALIFORNIA FOR A STATE REVOLVING

FUND LOAN
________________________________________________________________ WHEREAS, the City of La Mesa continues to invest in infrastructure to serve the needs of the community;
WHEREAS, on May 23, 2023, the City Council approved Resolution No. 2023-060 to apply for a State Revolving fund loan for the Inflow and Infiltration Mitigation Project Phase 6; WHEREAS, the State Revolving Fund Loan has been approved by the State of California Water Resources Control Board; and
WHEREAS, a copy of the loan is attached to this Resolution as Appendix A.

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, by the City Council of the City of La Mesa, California, that:

The Mayor is authorized to execute the loan agreement on behalf of the City of La Mesa.

BE IT FURTHER RESOLVED, that the Mayor is authorized to approve and execute any subsequent amendments or changes to this agreement.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 13th day of February, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

CERTIFICATE OF THE CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024- , duly passed and adopted by the City Council of said City on the 13th of February 2024, and by the vote therein recited.

MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)

CLEAN WATER

CITY OF LA MESA
AND

CALIFORNIA STATE WATER RESOURCES CONTROL BOARD

CONSTRUCTION

INSTALLMENT SALE AGREEMENT
INFLOW AND INFILTRATION MITIGATION PROJECT PHASE 6
PROJECT NO.C-06-8608-110
AGREEMENT NO. D2301002
PROJECT FUNDING AMOUNT: $7,000,000
ESTIMATED REASONABLE PROJECT COST: $7,000,000
ELIGIBLE WORK START DATE: SEPTEMBER 1, 2020
ELIGIBLE CONSTRUCTION START DATE: AUGUST 4, 2023
COMPLETION OF CONSTRUCTION DATE: JANUARY 15, 2025
FINAL REIMBURSEMENT REQUEST DATE: JULY 15, 2025
FINAL PAYMENT DATE: JANUARY 15, 2045
RECORDS RETENTION END DATE: JANUARY 15, 2061

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City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
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TABLE OF CONTENTS
AGREEMENT ............................................................................................................................................... 1

1. AUTHORITY. ......................................................................................................................................... 1

2. INTENTION. ........................................................................................................................................... 1

3. AGREEMENT, TERM, DOCUMENTS INCORPORATED BY REFERENCE. ...................................... 1

4. PARTY CONTACTS .............................................................................................................................. 2

5. DEFINITIONS. ....................................................................................................................................... 2 EXHIBIT A – SCOPE OF WORK ................................................................................................................ 10 A.1. PROJECT DESCRIPTION, USEFUL LIFE, AND SCOPE OF WORK. ........................................ 10 A.2. STANDARD PROJECT REQUIREMENTS...................................................................................... 10 A.2.1 Acknowledgements. ................................................................................................................................. 10 A.2.2 Reports ..................................................................................................................................................... 10 A.2.2.1 Progress Reports. ............................................................................................................................. 10 A.2.2.2 Project Completion Report. ............................................................................................................. 11 A.2.2.3 As Needed Reports. ......................................................................................................................... 11 A.2.2.4 [Reserved.] ....................................................................................................................................... 11 A.2.2.5 DBE Reports for SRF Projects. ....................................................................................................... 11 A.2.3 Signage. ................................................................................................................................................... 11 A.2.4 Commencement of Operations. ............................................................................................................... 13 A.3 DATES & DELIVERABLES. ............................................................................................................. 13 A.4 SCHEDULE. ..................................................................................................................................... 13 EXHIBIT B – FUNDING TERMS ................................................................................................................. 15 B.1. FUNDING AMOUNTS AND REIMBURSEMENTS ...................................................................... 15 B.1.1 Funding Contingency and Other Sources. ............................................................................................... 15 B.1.2 Estimated Reasonable Cost. ..................................................................................................................... 15 B.1.3 Project Funding Amount. ......................................................................................................................... 15 B.1.4 [Reserved.] ............................................................................................................................................... 15 B. 1.5 Budget Costs. ........................................................................................................................................... 15 B.1.6 Contingent Disbursement. ....................................................................................................................... 16 B.1.7 Reimbursement Procedure. ...................................................................................................................... 16 B.1.8 Withholding of Disbursements. ............................................................................................................... 17 B.1.9 Fraud and Misuse of Public Funds; Enforcement. ................................................................................... 18 B.2 RECIPIENT’S PAYMENT OBLIGATION, PLEDGE, AND RESERVE ............................................. 18 B.2.1 Project Costs. ........................................................................................................................................... 18 B.2.2 Estimated Principal Payment Due. .......................................................................................................... 18 B.2.3 Interest Rate and In-Lieu of Interest Charges. ......................................................................................... 19 B.2.4 [Reserved.] ............................................................................................................................................... 19 B.2.5 Obligation Absolute. ................................................................................................................................ 19

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Project No.: C-06-8608-110
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B.2.6 Payment Timing....................................................................................................................................... 19 B.2.7 Pledged Revenues. ................................................................................................................................... 20 B.2.7.1 Establishment of Enterprise Fund and Reserve Fund. ......................................................................... 20 B.2.7.2 Pledge of Net Revenues, Enterprise Fund, and Reserve Fund. ............................................................ 20 B.2.7.3 Application and Purpose of the Enterprise Fund. ................................................................................ 20 B.2.8 No Prepayment. ....................................................................................................................................... 20 B.2.9 Reserve Fund. .......................................................................................................................................... 21 B.3 RATES, FEES AND CHARGES. ..................................................................................................... 21 B.4 ADDITIONAL DEBT. ........................................................................................................................ 21 B.5 NO LIENS. ........................................................................................................................................ 22 EXHIBIT C – GENERAL & PROGRAMMATIC TERMS & CONDITIONS .................................................. 23 C.1 REPRESENTATIONS & WARRANTIES. ........................................................................................ 23 C.1.1 Application and General Recipient Commitments. ................................................................................. 23 C.1.2 Authorization and Validity. ..................................................................................................................... 23 C.1.3 No Violations. .......................................................................................................................................... 23 C.1.4 No Litigation. ........................................................................................................................................... 23 C.1.5 Property Rights. ....................................................................................................................................... 23 C.1.6 Solvency and Insurance. .......................................................................................................................... 24 C.1.7 Legal Status and Eligibility. ..................................................................................................................... 24 C.1.8 Financial Statements and Continuing Disclosure. ................................................................................... 24 C.1.9 System Obligations .................................................................................................................................. 24 C.1.10 No Other Material Debt. .......................................................................................................................... 24 C.1.11 Compliance with State Water Board Funding Agreements. .................................................................... 24 C.2 DEFAULTS AND REMEDIES .......................................................................................................... 24 C.2.1 Return of Funds; Acceleration; and Additional Payments. ...................................................................... 24 C.2.2 [Reserved.] ............................................................................................................................................... 25 C.2.3 Administrative remedies. ......................................................................................................................... 25 C.2.4 Judicial remedies. .................................................................................................................................... 25 C.2.5 Termination. ............................................................................................................................................ 25 C.2.6 Damages for Breach of Tax-Exempt Status. ............................................................................................ 25 C.2.7 Damages for Breach of Federal Conditions. ............................................................................................ 26 C.2.8 Remedies and Limitations. ...................................................................................................................... 26 C.2.9 Non-Waiver. ............................................................................................................................................ 26 C.2.10 Status Quo. ............................................................................................................................................... 26 C.3 STANDARD CONDITIONS .................................................................................................................. 26 C.3.1 Access, Inspection, and Public Records. ................................................................................................. 26 C.3.2 Accounting and Auditing Standards; Financial Management Systems; Records Retention. ................... 27 C.3.3 Amendment. ............................................................................................................................................ 27 C.3.4 Assignability. ........................................................................................................................................... 28 C.3.5 Audit. ....................................................................................................................................................... 28 C.3.6 Bonding. .................................................................................................................................................. 28 C.3.7 Competitive Bidding ................................................................................................................................ 28 C.3.8 Compliance with Applicable Laws, Rules, and Requirements. ............................................................... 28 C.3.9 Computer Software. ................................................................................................................................. 28 C.3.10 Conflict of Interest. .................................................................................................................................. 28 C.3.11 Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project. ................. 29 C.3.12 Data Management. ................................................................................................................................... 29 C.3.13 Disputes. .................................................................................................................................................. 29

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Agreement No.: D2301002
Project No.: C-06-8608-110
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C.3.14 [Reserved.] ............................................................................................................................................... 29 C.3.15 Environmental Clearance. ........................................................................................................................ 29 C.3.16 Governing Law. ....................................................................................................................................... 30 C.3.17 Income Restrictions. ................................................................................................................................ 30 C.3.18 Indemnification and State Reviews. ........................................................................................................ 30 C.3.19 Independent Actor. .................................................................................................................................. 30 C.3.20 Integration. ............................................................................................................................................... 31 C.3.21 Leveraging Covenants. ............................................................................................................................ 31 C.3.22 No Discrimination. .................................................................................................................................. 31 C.3.23 No Third Party Rights. ............................................................................................................................. 32 C.3.24 No Obligation of the State. ...................................................................................................................... 32 C.3.25 Notice....................................................................................................................................................... 32 C.3.26 Operation and Maintenance; Insurance.................................................................................................... 34 C.3.27 Permits, Subcontracting, and Remedies. .................................................................................................. 35 C.3.28 Professionals. ........................................................................................................................................... 35 C.3.29 Prevailing Wages. .................................................................................................................................... 35 C.3.30 Public Funding. ........................................................................................................................................ 36 C.3.31 Recipient’s Responsibility for Work. ...................................................................................................... 36 C.3.32 Related Litigation. ................................................................................................................................... 36 C.3.33 Rights in Data. ......................................................................................................................................... 36 C.3.34 State Water Board Action; Costs and Attorney Fees. .............................................................................. 36 C.3.35 Timeliness. ............................................................................................................................................... 36 C.3.36 Unenforceable Provision.......................................................................................................................... 36 C.3.37 Venue. ...................................................................................................................................................... 37 C.3.38 Waiver and Rights of the State Water Board. .......................................................................................... 37 C.4 MISCELLANEOUS STATE AND FEDERAL REQUIREMENTS .......................................................... 37 C.4.1 [Reserved.] ............................................................................................................................................... 37 C.4.2 State Cross-Cutters. ................................................................................................................................. 37 C.4.3 Federal Requirements and Cross-Cutters for SRF Funding. .................................................................... 38 EXHIBIT D – SPECIAL CONDITIONS ........................................................................................................ 45 EXHIBIT E – PAYMENT SCHEDULE ......................................................................................................... 47 EXHIBIT F – TAX CERTIFICATE ............................................................................................................... 48 F.1 Purpose. ........................................................................................................................................... 48 F.2 Tax Covenant. .................................................................................................................................. 48 F.3 Governmental Unit. .......................................................................................................................... 48 F.4 Financing of a Capital Project. ......................................................................................................... 48 F.5 Ownership and Operation of Project. ............................................................................................... 48 F.6 Temporary Period. ............................................................................................................................ 48 F.7 Working Capital. ............................................................................................................................... 49 F.8 Expenditure of Proceeds. ................................................................................................................. 49 F.9 Private Use and Private Payments. ................................................................................................. 49

City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110
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F.10 No Sale, Lease or Private Operation of the Project. .................................................................... 49 F.11 No Disproportionate or Unrelated Use. ........................................................................................ 50 F.12 Management and Service Contracts. ........................................................................................... 50 F.13 No Disposition of Financed Property. ........................................................................................... 50 F.14 Useful Life of Project..................................................................................................................... 50 F.15 Payments. ..................................................................................................................................... 50 F.16 No Other Replacement Proceeds. ................................................................................................ 50 F.17 No Sinking or Pledged Fund. ........................................................................................................ 51 F.18 Reserve Amount. .......................................................................................................................... 51 F.19 Reimbursement Resolution. ......................................................................................................... 51 F.20 Reimbursement Expenditures. ..................................................................................................... 51 F.21 Change in Use of the Project. ....................................................................................................... 51 F.22 Rebate Obligations. ...................................................................................................................... 51 F.23 No Federal Guarantee. ................................................................................................................. 52 F.24 Amendments. ................................................................................................................................ 52 F.25 Reasonable Expectations. ............................................................................................................ 52 F.26 Assignment. .................................................................................................................................. 52

City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110

SRF 25v2023

AGREEMENT

1. AUTHORITY.
(a) The State Water Resources Control Board (State Water Board) is authorized, and implements its authority, to provide financial assistance under this Agreement pursuant to Section 13475 et seq. of the Water Code, and Resolution Nos. 2019-0064 and 2022-0040. (b) The Recipient is authorized to enter into this Installment Sale Agreement (Agreement) pursuant to Resolution No. 2020-144.

2. INTENTION.
(a) The Recipient desires to receive financial assistance for and undertake work required for the wastewater construction Project according to the terms and conditions set forth in this Agreement. (b) The State Water Board proposes to assist in providing financial assistance for eligible costs of the Project in the amount set forth in Exhibit B, according to the terms and conditions set forth in this Agreement, with the expectation that the Recipient shall repay all of the financial assistance to the State Water Board.
(c) The Recipient intends to evidence its obligation to submit Payments to the State Water Board and secure its obligation with Net Revenues of its wastewater enterprise, as set forth in Exhibit B, according to the terms and conditions set forth in this Agreement.
(d) The Recipient intends to certify and evidence its compliance with the Tax Covenants set forth in Exhibit F.

3. AGREEMENT, TERM, DOCUMENTS INCORPORATED BY REFERENCE.

In consideration of the mutual representations, covenants and agreements herein set forth, the State Water Board and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement. (a) The Recipient hereby sells to the State Water Board and the State Water Board hereby purchases from the Recipient the Project. Simultaneously therewith, the Recipient hereby purchases from the State Water Board, and the State Water Board hereby sells to the Recipient, the Project in accordance with the provisions of this Agreement. All right, title, and interest in the Project shall immediately vest in the Recipient on the date of execution and delivery of this Agreement by both parties without further action on the part of the Recipient or the State Water Board. (b) Subject to the satisfaction of any condition precedent to this Agreement, this Agreement shall become effective upon the signature of both the Recipient and the State Water Board. Conditions precedent are not limited to the following:
i. The Recipient must deliver to the Division a resolution authorizing this Agreement. ii. The Recipient must deliver an opinion of bond counsel and general counsel satisfactory to the State Water Board’s counsel dated on or after the date that the Recipient signs this Agreement.
(c) Upon execution, the term of the Agreement shall begin on the Eligible Work Start Date and extend through the Final Payment Date.

City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110

SRF 25v2023
(d) This Agreement includes the following exhibits and attachments thereto:
i. EXHIBIT A – SCOPE OF WORK
ii. EXHIBIT B – FUNDING TERMS
iii. EXHIBIT C – GENERAL & PROGRAMMATIC TERMS & CONDITIONS iv. EXHIBIT D – SPECIAL CONDITIONS
v. EXHIBIT E – PAYMENT SCHEDULE
vi. EXHIBIT F – TAX CERTIFICATE
(e) This Agreement includes the following documents incorporated by reference, as well as any documents incorporated by reference in Exhibit D:
i. the Final Plans & Specifications, which are the basis for the construction contract to be awarded by the Recipient;
ii. the Recipient’s Reimbursement Resolution No. 2021-044 dated May 11, 2021; iii. the Recipient’s Tax Questionnaire dated November 30, 2021. iv. the Davis-Bacon requirements found at:
https://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/docs/2023/dav is-bacon-2023-cwsrf-governmental-entities-public.pdf
(f) This Agreement, and any amendments hereto, may be executed and delivered in any number of counterparts, each of which when delivered shall be deemed to be an original, but such counterparts shall together constitute one document. The parties may sign this Agreement, and any amendments hereto, either by an electronic signature using a method approved by the State Water Board or by a physical, handwritten signature. The parties mutually agree that an electronic signature using a method approved by the State Water Board is the same as a physical, handwritten signature for the purposes of validity, enforceability, and admissibility.

4. PARTY CONTACTS
State Water Board City of La Mesa
Section: Division of Financial Assistance
Name: Melky Calderon,
Project Manager
Name: Mark Arapostathis,
Mayor
Address: 1001 I Street, 16th Floor Address: 8130 Allison Avenue City, State,
Zip:

Sacramento, CA 95814 City, State,
Zip:

La Mesa, CA 91942
Phone: (916) 341-5646 Phone: (619) 667-1105
Email: [email protected] Email: [email protected] The Recipient may change its contact upon written notice to the Division, which notice shall be accompanied by authorization from the Recipient’s Authorized Representative. The State Water Board will notify the Recipient of any changes to its contact.

While the foregoing are contacts for day-to-day communications regarding Project work, the Recipient shall provide official communications and events of Notice as set forth in Exhibit C to the Division’s Deputy Director.

5. DEFINITIONS.

Unless otherwise specified, each capitalized term used in this Agreement has the following meaning:
“Additional Payments" means the reasonable extraordinary fees and expenses of the State Water Board, and of any assignee of the State Water Board's right, title, and interest in and to this Agreement, in

City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110

SRF 25v2023
connection with this Agreement, including all expenses and fees of accountants, trustees, staff, contractors, consultants, costs, insurance premiums and all other extraordinary costs reasonably incurred by the State Water Board or assignee of the State Water Board. "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project. “Agreement” means this agreement, including all exhibits and attachments hereto. "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient’s authorizing resolution that designates the authorized representative by title.
"Bank" means the California Infrastructure and Economic Development Bank. “Bond Funded Portion of the Project Funds” means any portion of the Project Funds which was or will be funded with Bond Proceeds.
“Bond Proceeds” means original proceeds, investment proceeds, and replacement proceeds of Bonds. "Bonds" means any series of bonds issued by the Bank, the interest on which is excluded from gross income for federal tax purposes, all or a portion of the proceeds of which have been, are, or will be applied by the State Water Board to fund all or any portion of the Project Costs or that are secured in whole or in part by Payments paid hereunder.
“Charge In Lieu of Interest” means any fee or charge in lieu of some or all of, but not to exceed, the interest that would otherwise be owed under this Agreement, as set forth in Exhibit E. "Code" as used in Exhibit F of this Agreement means the Internal Revenue Code of 1986, as amended, and any successor provisions and the regulations of the U.S. Department of the Treasury promulgated thereunder.
"Completion of Construction" means the date, as determined by the Division after consultation with the Recipient, that the work of building and erection of the Project is substantially complete, and is identified in Exhibit A of this Agreement.
“Cover Page” means the front page of this Agreement.
“Days” means calendar days unless otherwise expressly indicated. “Debt Service” means, as of any date, with respect to outstanding System Obligations and, in the case of the additional debt tests in Exhibit B of this Agreement, any System Obligations that are proposed to be outstanding, the aggregate amount of principal and interest scheduled to become due (either at maturity or by mandatory redemption), together with any Charge In Lieu of Interest on this Obligation or other System Obligations to the State Water Board, calculated with the following assumptions:
a. Principal payments (unless a different subdivision of this definition applies for purposes of determining principal maturities or amortization) are made in accordance with any amortization schedule published for such principal, including any minimum sinking fund payments; b. Interest on a variable rate System Obligation that is not subject to a swap agreement and that is issued or will be issued as a tax-exempt obligation under federal law, is the average of the SIFMA

City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110

SRF 25v2023
Municipal Swap Index, or its successor index, during the 24 months preceding the date of such calculation;
c. Interest on a variable rate System Obligation that is not subject to a swap agreement and that is issued or will be issued as a taxable obligation under federal law, is the average of SOFR, or its successor index, during the 24 months preceding the date of such calculation; d. Interest on a variable rate System Obligation that is subject to a swap agreement is the fixed swap rate or cap strike rate, as appropriate, if the variable rate has been swapped to a fixed rate or capped pursuant to an interest rate cap agreement or similar agreement; e. Interest on a fixed rate System Obligation that is subject to a swap agreement such that all or a portion of the interest has been swapped to a variable rate shall be treated as variable rate debt under subdivisions (b) or (c) of this definition of Debt Service; f. Payments of principal and interest on a System Obligation are excluded from the calculation of Debt Service to the extent such payments are to be paid from amounts then currently on deposit with a trustee or other fiduciary and restricted for the defeasance of such System Obligations; g. If 25% or more of the principal of a System Obligation is not due until its final stated maturity, then principal and interest on that System Obligation may be projected to amortize over the lesser of 30 years or the Useful Life of the financed asset, and interest may be calculated according to subdivisions (b)-(e) of this definition of Debt Service, as appropriate.
“Deputy Director” means the Deputy Director of the Division. "Division" means the Division of Financial Assistance of the State Water Board or any other segment of the State Water Board authorized to administer this Agreement. “Eligible Construction Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which construction costs may be incurred and eligible for reimbursement hereunder.
“Eligible Work Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which any non-construction costs may be incurred and eligible for reimbursement hereunder.
“Enterprise Fund” means the enterprise fund of the Recipient in which Revenues are deposited. “Event of Default” means the occurrence of any of the following events:
a) Failure by the Recipient to make any payment required to be paid pursuant to this Agreement, including Payments;
b) A representation or warranty made by or on behalf of the Recipient in this Agreement or in any document furnished by or on behalf of the Recipient to the State Water Board pursuant to this Agreement shall prove to have been inaccurate, misleading or incomplete in any material respect; c) A material adverse change in the condition of the Recipient, the Revenues, or the System, which the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement.
d) Failure by the Recipient to comply with the additional debt test or reserve fund requirement, if any, in Exhibit B or Exhibit D of this Agreement;
e) Failure to operate the System or the Project without the Division’s approval;

City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110

SRF 25v2023
f) Failure by the Recipient to observe and perform any covenant, condition, or provision in this Agreement, which failure shall continue for a period of time, to be determined by the Division; g) The occurrence of a material breach or event of default under any System Obligation that results in the acceleration of principal or interest or otherwise requires immediate prepayment, repurchase or redemption;
h) Initiation of proceedings seeking arrangement, reorganization, or any other relief under any applicable bankruptcy, insolvency, or other similar law; the appointment of or taking possession of the Recipient’s property by a receiver, liquidator, assignee, trustee, custodian, conservator, or similar official; the Recipient’s entering into a general assignment for the benefit of creditors; the initiation of resolutions or proceedings to terminate the Recipient’s existence, or any action in furtherance of any of the foregoing; i) A determination pursuant to Gov. Code section 11137 that the Recipient has violated any provision in Article 9.5 of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code; or j) Loss of the Recipient’s rights, licenses, permits, or privileges necessary for the operation of the System or the Project, or the occurrence of any material restraint on the Recipient’s enterprise by a government agency or court order.
“Final Payment Date” is the date by which all principal and accrued interest due under this Agreement is to be paid in full to the State Water Board and is specified on the Cover Page of this Agreement. “Final Reimbursement Request Date” means the date set forth as such on the Cover Page of this Agreement, after which date, no further Project Funds disbursements may be requested. "Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year, or any other annual period selected and designated by the Recipient as its Fiscal Year in accordance with applicable law.
"Force Account" means the use of the Recipient's own employees, equipment, or resources for the Project.
“GAAP” means generally accepted accounting principles, the uniform accounting and reporting procedures set forth in publications of the American Institute of Certified Public Accountants or its successor, or by any other generally accepted authority on such procedures, and includes, as applicable, the standards set forth by the Governmental Accounting Standards Board or its successor, or the Uniform System of Accounts, as adopted by the California Public Utilities Commission for water utilities. "Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project. “Listed Event” means, so long as the Recipient has outstanding any System Obligation subject to Rule 15c2-12, any of the events required to be reported with respect to such System Obligation pursuant to Rule 15c2-12(b)(5).
“Material Obligation” means an obligation of the Recipient that is material to this transaction, including System Obligations.
“Maximum Annual Debt Service” means the maximum amount of Debt Service due on System Obligations in a Fiscal Year during the period commencing with the Fiscal Year for which such calculation is made and within the next five years in which Debt Service for any System Obligations will become due. "Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations and Maintenance Costs for such Fiscal Year.

City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110

SRF 25v2023
"Obligation" means the obligation of the Recipient to make Payments (including Additional Payments) as provided herein, as evidenced by the execution of this Agreement, proceeds of such obligations being used to fund the Project as specified in the Project Description in Exhibit A and Exhibit B and in the documents thereby incorporated by reference.
"Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the Recipient for maintaining and operating the System, determined in accordance with GAAP, including all reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles. “Parity Obligation” means a debt obligation of the Recipient on parity with this Obligation. The Recipient’s Parity Obligations are these:
 The Installment Sale Agreement by and between the City of La Mesa and the California State Water Resources Control Board dated as of August 31, 2006 (Agreement No. 05-811-550-0, Project No. C-06-4729-110).
 The Installment Sale Agreement by and between the City of La Mesa and the California State Water Resources Control Board dated as of February 08, 2009 (Agreement No. 07-818-550-0, Project No. C-06-4729-120).
 The Installment Sale Agreement by and between the City of La Mesa and the California State Water Resources Control Board dated as of September 12, 2008 (Agreement No.08-804-550, Project No. C-06-4729-130).
 The Installment Sale Agreement by and between the City of La Mesa and the California State Water Resources Control Board dated as of September 15, 2009 (Agreement No. 08-854-550, Project No. C-06-4729-140).
 The Installment Sale Agreement by and between the City of La Mesa and the California State Water Resources Control Board dated as of November 03, 2015 (Agreement No. D15-01014, Project No. C-06-7824-110).
 The Installment Sale Agreement by and between the City of La Mesa and the California State Water Resources Control Board dated as of July 07, 2020 (Agreement No. D1901038, Project No. C-06-8394-110).
“Payment” means any payment due to the State Water Board from the Recipient pursuant to this Agreement.
"Policy" means the State Water Board's “Policy for Implementing the Clean Water State Revolving Fund,” as amended from time to time, including the Intended Use Plan in effect as of the execution date of this Agreement.
“Project” means the Project financed by this Agreement as described in Exhibits A and B and in the documents incorporated by reference herein.
"Project Completion" means the date, as determined by the Division after consultation with the Recipient, that operation of the Project is initiated or is capable of being initiated, whichever comes first.

City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110

SRF 25v2023
"Project Costs" means the incurred costs of the Recipient which are eligible for financial assistance under this Agreement, which are allowable costs as defined under the Policy, and which are reasonable, necessary and allocable by the Recipient to the Project under GAAP, and may include capitalized interest.
“Project Funds” means all moneys disbursed to the Recipient by the State Water Board for eligible Project Costs pursuant to this Agreement.
“Recipient” means City of La Mesa.
“Records Retention End Date” means the last date that the Recipient is obligated to maintain records and is set forth on the Cover Page of this Agreement.
“Regional Water Quality Control Board” or “Regional Water Board” means the appropriate Regional Water Quality Control Board.
“Reimbursement Resolution” means the Recipient’s reimbursement resolution identified and incorporated by reference in this Agreement.
“Reserve Fund” means the reserve fund required pursuant to Exhibit B of this Agreement. "Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including (i) all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and
(ii) all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from a. the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient’s behalf, b. any refundable deposits made to establish credit, and c. advances or contributions in aid of construction.

For the avoidance of doubt, refundable deposits and advances or contributions are not included in the definition of Revenues.
“Rule 15c2-12(b)(5)” means Rule 15c2-12(b)(5) promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended. “Senior Obligation” means a debt obligation of the Recipient that is senior to this Obligation. There are no Senior Obligations.
“SRF” means the Clean Water State Revolving Fund.
“State” means State of California.
“State Water Board” means the State Water Resources Control Board.

City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110

SRF 25v2023
“Subordinate Obligation” means a debt obligation of the Recipient that is subordinate to this Obligation.

There are no Subordinate Obligations.
"System" means all wastewater collection, pumping, transport, treatment, storage, and disposal facilities, including land and easements thereof, owned by the Recipient, including the Project, and all other properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. “System Obligation” means any obligation of the Recipient payable from the Revenues, including but not limited to this Obligation, any Parity Obligation, any Subordinate Obligation, and such additional obligations as may hereafter be issued in accordance with the provisions of such obligations and this Agreement.
“Useful Life” means the economically useful life of the Project beginning at Completion of Construction and is set forth in Exhibit A.
“Year” means calendar year unless otherwise expressly indicated.

City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110

SRF 25v2023
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CITY OF LA MESA:

By:____________________________________
Name: Mark Arapostathis
Title: Mayor
Date:__________________________________
STATE WATER RESOURCES CONTROL BOARD:

By:____________________________________
Name: Joe Karkoski
Title: Deputy Director
Division of Financial Assistance
Date:__________________________________

City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110

Exhibit A
EXHIBIT A – SCOPE OF WORK
A.1. PROJECT DESCRIPTION, USEFUL LIFE, AND SCOPE OF WORK. (a) The Project is the project set forth on the Cover Page of this Agreement. (b) The Useful Life of this Project is at least 20 years. (c) Scope of Work.

The Recipient agrees to do the following:
 Rehabilitate approximately 3,800 linear feet of existing pipelines with cured-in-place pipe (CIPP),  Remove approximately 11,300 linear feet of existing pipeline and replace with 8-inch diameter polyvinyl chloride (PVC) pipelines, and
 Install, replace, or rehabilitate approximately 46 manholes and abandon/remove approximately 9 manholes.

A.2. STANDARD PROJECT REQUIREMENTS.

A.2.1 Acknowledgements.

The Recipient shall include the following acknowledgement in any document, written report, or brochure prepared in whole or in part pursuant to this Agreement:
“Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board. California’s Clean Water State Revolving Fund is capitalized through a variety of funding sources, including grants from the United States Environmental Protection Agency and state bond proceeds. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”
A.2.2 Reports
A.2.2.1 Progress Reports.
(a) The Recipient must provide a progress report to the Division each quarter, beginning no later than 90 days after execution of this Agreement.
(b) The Recipient must provide a progress report with each reimbursement request. Failure to provide a complete and accurate progress report may result in the withholding of Project Funds, as set forth in Exhibit B.
(c) A progress report must contain the following information:
i. A summary of progress to date including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed;
ii. A description of compliance with environmental requirements; iii. A listing of change orders including amount, description of work, and change in contract amount and schedule; and

City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110

Exhibit A
iv. Any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions.

A.2.2.2 Project Completion Report.
(a) The Recipient must submit a Project Completion Report to the Division with a copy to the appropriate Regional Water Board on or before the due date established by the Division and the Recipient at the time of final project inspection. The Project Completion Report must include the following:
i. Description of the Project,
ii. Description of the water quality problem the Project sought to address, iii. Discussion of the Project’s likelihood of successfully addressing that water quality problem in the future, and
iv. Summary of compliance with applicable environmental conditions. (b) If the Recipient fails to submit a timely Project Completion Report, the State Water Board may stop processing pending or future applications for new financial assistance, withhold disbursements under this Agreement or other agreements, and begin administrative proceedings.

A.2.2.3 As Needed Reports.

The Recipient must provide expeditiously, during the term of this Agreement, any reports, data, and information reasonably required by the Division, including but not limited to material necessary or appropriate for evaluation of the funding program or to fulfill any reporting requirements of the state or federal government.

A.2.2.4 [Reserved.]
A.2.2.5 DBE Reports for SRF Projects.

The Recipient must report Disadvantaged Business Enterprise (DBE) utilization to the Division on the DBE Utilization Report, State Water Board Form DBE UR334. The Recipient must submit such reports to the Division annually within ten (10) calendar days following October 1 until such time as the "Notice of Completion" is issued. The Recipient must comply with 40 CFR § 33.301 and require its contractors and subcontractors on the Project to comply.

A.2.3 Signage.
(a) The Recipient shall place a sign at least four feet tall by eight feet wide made of ¾ inch thick exterior grade plywood or other approved material in a prominent location on the Project site and shall maintain the sign in good condition for the duration of the construction period. (b) Building A Better America Emblem: The Recipient will ensure that a sign is placed at construction sites supported under this award displaying the official Building A Better America emblem and must identify the project as a “project funded by President Biden’s Bipartisan Infrastructure Law.” Construction is defined at 40 CFR 33.103 as “erection, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other improvements to real property, and activities in response to a release or a threat of a release of a hazardous substance into the environment, or activities to prevent the introduction of a hazardous substance into a water supply.” The sign must be placed at construction sites

City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110

Exhibit A
in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period.

The Recipient will ensure compliance with the guidelines and design specifications for using the official Building A Better America emblem and corresponding logomark available at:
https://www.whitehouse.gov/wp-content/uploads/2022/08/Building-A-Better-America-Brand-Guide.pdf.

(c) United States Environmental Protection Agency (USEPA) Logo: The Recipient will ensure that signage displays the USEPA logo along with the official Building A Better America emblem. The USEPA logo must not be displayed in a manner that implies that USEPA itself is conducting the project. Instead, the USEPA logo must be accompanied with a statement indicating that the recipient received financial assistance from USEPA for the project.

The Recipient will ensure compliance with the sign specifications provided by the USEPA Office of Public Affairs (OPA) available at: https://www.epa.gov/grants/epa-logo-seal-specifications-signage-producedepa-assistance-agreement-recipients. As provided in the sign specifications from OPA, the USEPA logo is the preferred identifier for assistance agreement projects and use of the USEPA seal requires prior approval from the USEPA. To obtain the appropriate USEPA logo or seal graphic file, the Recipient should send a request directly to OPA and include the USEPA Project Officer in the communication.

Instructions for contacting OPA is available on the Using the EPA Seal and Logo page at:
https://www.epa.gov/aboutepa/using-epa-seal-and-logo.
(d) Procuring Signs: Consistent with section 6002 of the Resource Conservation and Recovery Act, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Building A Better America emblem or USEPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. (e) The sign shall include the following logos:

(f) The sign shall include the following statement:
“Funding for this Inflow and Infiltration Mitigation Project Phase 6 project has been provided in full or in part by the Clean Water State Revolving Fund and President Biden’s Bipartisan Infrastructure Law through an agreement with the State Water Resources Control Board. California’s Clean Water State Revolving Fund is capitalized through a variety of funding sources, including grants from the United States Environmental Protection Agency and state bond proceeds.” (g) The Project sign may include another agency's required promotional information so long as the above requirements are satisfied. The sign shall be prepared in a professional manner.

City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110

Exhibit A
A.2.4 Commencement of Operations.

Upon Completion of Construction of the Project, the Recipient must expeditiously initiate Project operations.

A.3 DATES & DELIVERABLES.
(a) Time is of the essence.
(b) The Recipient must expeditiously proceed with and complete construction of the Project. (c) The following dates are established as on the Cover Page of this Agreement:
i. Eligible Work Start Date
ii. Eligible Construction Start Date
iii. Completion of Construction Date
iv. Final Reimbursement Request Date
v. Records Retention End Date
vi. Final Payment Date
(d) The Recipient must award the prime construction contract timely. (e) The Recipient agrees to start construction no later than July 15, 2024 (f) The Recipient must deliver any request for extension of the Completion of Construction date no less than 90 days prior to the Completion of Construction date. (g) The undisbursed balance of this Agreement will be deobligated if the Recipient does not provide its final reimbursement request to the Division on or before the Final Reimbursement Request Date.

A.4 SCHEDULE.

Failure to provide items by the due dates indicated in the table below may constitute a material violation of this Agreement. The Project Manager may adjust the dates in the “Estimated Due Date” column of this table, but Critical Due Date adjustments will require an amendment to this Agreement. The Recipient must complete and submit all work in time to be approved by the Division prior to Project Completion. As applicable for specific submittals, the Recipient must plan adequate time to solicit, receive, and address comments prior to submitting the final submittal. The Recipient must submit the final reimbursement request prior to the Final Reimbursement Request Date set forth on the Cover Page.

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

ESTIMATED DUE
DATE

SCOPE OF WORK
A. ADDITIONAL SUBMITTAL(S) TO DIVISION

1. Final Plans and Specifications March 31, 2024

2. Final Budget Approval Package March 31, 2024

3. Construction Completion January 15, 2025
B. REPORTS

1. Progress Reports Quarterly

City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110

Exhibit A

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

ESTIMATED DUE
DATE

SCOPE OF WORK

2. Final Inspection and Certification TBD

3. Project Completion Report July 15, 2025
4 As Needed Reports TBD

REIMBURSEMENTS, BUDGET DETAIL, AND REPORTING PROVISIONS A. REIMBURSEMENTS

1. Reimbursement Requests Quarterly

2. Final Reimbursement Request July 15, 2025

City of La Mesa
Agreement No.: D2301002
Project No.: C-06-8608-110

Exhibit B
EXHIBIT B – FUNDING TERMS
B.1. FUNDING AMOUNTS AND REIMBURSEMENTS
B.1.1 Funding Contingency and Other Sources.
(a) If this Agreement’s funding for any fiscal year expires due to reversion or is reduced, substantially delayed, or deleted by the Budget Act, by Executive Order, or by order or action of the Department of Finance, the State Water Board has the option to either cancel this Agreement with no liability accruing to the State Water Board, or offer an amendment to the Recipient to reflect the reduced amount. (b) If funding for Project Costs is made available to the Recipient from sources other than this Agreement, the Recipient must notify the Division. The Recipient may retain such funding up to an amount which equals the Recipient's share of Project Costs. To the extent allowed by requirements of other funding sources, excess funding must be remitted to the State Water Board to be applied to Payments due hereunder, if any.

B.1.2 Estimated Reasonable Cost.

The estimated reasonable cost of the total Project, including associated planning and design costs is seven million dollars and no cents ($7,000,000.00).

B.1.3 Project Funding Amount.

Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds not to exceed the amount of the Project Funding Amount set forth on the Cover Page of this Agreement.

B.1.4 [Reserved.]
B. 1.5 Budget Costs.
(a) Estimated budget costs are contained in the Summary Project Cost Table below:

LINE ITEM TOTAL ESTIMATED
COST

PROJECT FUNDING
AMOUNT
Construction $5,900,000 $5,900,000
Pre-Purchased Material/Equipment $0 $0
Real Property/Easement Acquisition $0 $0
Change Order Contingency $300,000 $300,000
Force Account $0 $0
Allowances (Soft Costs) $800,000 $800,000
TOTAL $7,000,000 $7,000,000
The Division’s Final Budget Approval and related Form 259 and Form 260 will document a more detailed budget of eligible Project Costs and Project funding amounts.

Upon written request by the Recipient, the Division may adjust the line items of the Summary Project Cost Table at the time of Division’s Final Budget Approval. Upon written request by the Recipient, the Division may also adjust the line items of the Summary Project Cost Table as well as the detailed budget at the time of Recipient’s submittal of its final claim. Any line item adjustments to the Summary Project Cost Table that are due to a change in scope of work will require an Agreement amendment. The sum of adjusted line items in both the Summary Project Cost Table and the detailed budget must not exceed the Project Funding Amount. The Division may also propose budget adjustments.