Agenda packet, second session — National City City Council, March 15, 2022 (part 1 of 3)

ALEJANDRA SOTELO-SOLIS
Mayor

MARCUS BUSH
Vice Mayor

RON MORRISON
Councilmember

MONA RIOS
Councilmember

JOSE RODRIGUEZ
Councilmember

1243 National City Blvd.

National City, CA 91950
619-336-4240

Meeting agendas and
minutes available on the
City’s website at
WWW.NATIONALCITYCA.GOV

NOTICE: The health and well-being of National City residents, visitors, and employees during the COVID-19 outbreak remains our top priority.

The City of National City is coordinating with the County of San Diego Health Human Services Agency, and other agencies to take measures to monitor and reduce the spread of the novel coronavirus (COVID-19).

The World Health Organization has declared the outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act.

As a result, the City Council Meeting will occur only online to ensure the safety of City residents, employees and the communities we serve.

A live webcast of the meeting may be viewed on the city’s website at www.nationalcityca.gov. For Public Comments see “ PUBLIC COMMENTS” section below

ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Meeting s begin in Open Session at 5:00 p.m. or such other time as noted, and after announcing closed session items, convenes into a Closed Meeting . If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of t he Community Development
Commission (CDC).

REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the me eting, are available for review on the City’s website at www.nationalcityca.gov. Regular Meetings of the Elected Body are webcast and archived on the City’s website at www.nationalcityca.gov.

PUBLIC COMMENTS: There are multiple ways you can make sure your opinions are heard and considered by our City Council as outlined below:

Submit your public comment prior to the meeting: To submit a comment in writing, email [email protected], provide the agenda item number and title of the item in the subject line of your email. Public comments or testimony is limited to up to three (3) minutes. If the comm ent is not related to a specific agenda item,

AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION – HOUSING AUTHORITY OF

THE CITY OF NATIONAL CITY

ONLINE ONLY MEETING
https://www.nationalcityca.gov/webcast

LIVE WEBCAST

COUNCIL CHAMBERS

CIVIC CENTER
1243 NATIONAL CITY BOULEVARD

NATIONAL CITY, CALIFORNIA
TUESDAY, MARCH 15, 2022 – 6:00 PM

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indicate General Public Comment in the subject line. All email comments received by 4:00 p.m. on the day of the meeting will be emailed to the City Council Members and made a part of the official record.

Register online and participate in live public comment during the meeting : To provide live public comment during the meeting, you must pre -register on the City's website at https://www.nationalcityca.gov/publiccomment by 4:00 p.m. on the day of the regular meeting to join the City Council Meeting.

***Please note that you do not need to pre-register to watch the meeting online, but you must pre-register if you wish to speak.

Once registered, you will receive an email with a link from Zoom to join the live meeting. You can participate by phone or by computer. Please allow yourself time to log into Zoom before the start of the meeting to ensure you do not encounter any last-minute technical difficulties.

***Please note that members of the public will not be shown on video; they will be able to watch and listen and speak when called upon. P ublic microphones will be muted until it is your turn to comment.

Each speaker is allowed up to three (3) minutes to address the City Council. Please be aware that the Mayor may limit the comments' length due to the number of persons wishing to speak or if comments become repetitious or unrelated.

All comments are subject to the same rules as would otherwise govern speaker comments at the meeting. Speakers are asked to be respectful and courteous. Please address your comments to the City Council as a whol e and avoid personal attacks against members of the public, City Council, and city staff.

Questions about public comment or City Council protocols? Please contact the City Clerk's Office at (619) 336-4228 or via email at [email protected].

INTERPRETATION SERVICES: To use the Zoom interpretation feature you must first Pre-Register on Zoom . Once logged into Zoom to use the interpretation feature , please scroll to the bott om of the Zoom screen (where the meeting controls are), click on the interpretation icon (world), and select English as your language. If you are joining using the Zoom mobile app (cell phone, tablet, etc.), please press the ellipsis (…), then Interpretation, and then choose your language.

WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted.

CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent port ion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public.

Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with th e Americans with Disabilities Act. Please 2 of 452

contact the City Clerk’s Office at (619) 336 -4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

AVISO: La salud y el bienestar de los residentes, visitantes y empleados de National City durante el brote de COVID -19 sigue siendo nuestra máxima prioridad. El Ayuntamiento de la Ciudad de National City se está coordi nando con la Agencia de Salud y Servicios Humanos del Condado de San Diego y otras agencias para tomar medidas con el fin de monitorear y reducir la propagación del nuevo coronavirus (COVID -19). La Organización Mundial de la Salud declaró el brote como una pandemia global y se han manifestado emergencias locales y estatales que resultan en la suspensión de ciertas leyes de reuniones públicas, tal como la Ley Brown.

Como resultado de ello, la junta del Concejo Municipal del Ayuntamiento se llevará a cabo solamente en línea para garantizar la seguridad de los residentes, empleados y comunidades locales que atendemos. Se podrá ver una transmisión en vivo de la junta en el sitio web del Ayuntamiento en www.nationalcityca.gov. Para comentarios públicos, vea la sección “COMENTARIOS PÚBLICOS” más adelante.

ORDEN DEL DÍA: Las sesiones públicas de todas las juntas ordinarias del Concejo Municipal/Comisión de Desarrollo Comunitario - Autoridad de Vivienda (en lo sucesivo denominado Órgano Electo) inician a las 6:00 p.m. el primer y tercer martes de cada mes.

Las audiencias p úblicas inician a las 6:00 p.m., a menos que se indique lo contrario. Las juntas cerradas inician en sesión abierta a las 5:00 p.m. o en cualquier otro momento que se indique, y tras anunciar los temas de la sesión cerrada, la junta se realiza como sesión cerrada. Si se programa una reunión de discusión y análisis, el tema y la hora de la misma aparecerán en la agenda. La Alcaldesa y los Concejales se reúnen por igual que el Presidente y los integrantes del Consejo de la Comisión de Desarrollo Comunitario.

INFORMES: Todos los temas e informes de la agenda de la sesión abierta, así como todos los documentos y escritos entregados al Órgano Electo menos de 72 horas antes de la sesión, aparecerán en el sitio web del Ayuntamiento. Las juntas ordinarias del Órgan o Electo se transmiten por Internet y se archivan en el sitio web del Ayuntamiento en www.nationalcityca.gov.

COMENTARIOS PÚBLICOS: Hay varias formas en las que puede asegurarse de que sus opiniones sean escu chadas y consideradas por nuestro Concejo Municipal como se describe a continuación:

Envíe su comentario público antes de la sesión: Para enviar un comentario por escrito, envíe un correo electrónico a [email protected], proporcione el núme ro del tema o asunto de la agenda y el título del tema o asunto en la línea de asunto de su correo electrónico. Los comentarios o testimonios públicos se limitan a tres (3) minutos. Si el comentario no se relaciona con un tema o asunto específico de la age nda, indique Comentario Público General en la línea de asunto. Todos los comentarios por correo electrónico recibidos antes de las 4:00 p.m. del día de la sesión se enviarán por correo electrónico a los miembros del Concejo Municipal y formarán parte del acta oficial.

Regístrese en línea y participe en los comentarios públicos en vivo durante la sesión:

Para proporcionar comentarios públicos en vivo durante la sesión, debe registrarse previamente en el sitio web del Ayuntamiento en
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https://www.nationalcityca.gov/publiccomment antes de las 4:00 p.m . del día de la junta ordinaria para incorporarse a la sesión del Concejo Municipal.

***Tenga presente que no necesita registrarse previamente para ver la sesión en línea, pero debe registrarse previamente si desea hablar.

Una vez registrado, recibirá un correo electrónico con un enlace de Zoom para integrarse a la sesión en vivo. Puede participar por teléfono o por computadora. Tómese el tiempo necesario para iniciar la reunión en Zoom an tes del inicio de la sesión para asegurarse de no encontrar dificultades técnicas de último momento.

***Tenga presente que las personas del público no se mostrarán en vídeo; podrán observar, escuchar y hablar cuando se les solicite. Los micrófonos público s se silenciarán hasta que sea su turno de comentar.

Cada orador tiene hasta tres (3) minutos para dirigirse al Concejo Municipal. Tenga en cuenta que la Alcaldesa puede limitar la extensión de los comentarios debido a la cantidad de personas que deseen h ablar o si los comentarios se vuelven repetitivos o no relacionados.

Todos los comentarios están sujetos a las mismas reglas que de otro modo regirían los comentarios de los oradores en la sesión. Se pide a los oradores que sean respetuosos y corteses. Dirija sus comentarios al Concejo Municipal en su conjunto y evite ataques personales contra personas del público, el Concejo Municipal y el personal del Ayuntamiento.

¿Preguntas sobre comentarios públicos o protocolos del Concejo Municipal? Comuníquese con la Oficina de la Secretaria del Ayuntamiento al teléfono (619) 336 -4228, o por correo electrónico a [email protected].

SERVICIO DE INTERPRETACI ÓN: Para utilizar la función de interpretación zoom primero debe registrarse previamente en el sitio web de Zoom. Una vez que haya iniciado sesión en zoom para utilizar la función de interpretación, favor de desplazarse a la parte inferior de la pantalla de Zoom (donde aparecen los controles). Haga clic en el ícono de interpretación (globo terráqueo), y seleccione " Spanish" (español). Si está utilizando la aplicación móvil de Zoom (celular, tableta, etc.), presione los puntos suspensivos (…), luego "interpretation" y luego el idioma.

AGENDA ESCRITA: Con contadas excepciones, el Órgano Electo puede tomar medidas únicamente sobre los temas que aparecen en la agenda escrita. Los temas que no aparezcan en la agenda deben aparecer en una agenda subsecuente, a menos que sean de emergencia o urgencia demostrada, y la necesidad de tomar medidas sobre esos temas haya surgido después de haber sido publicada la agenda.

CALENDARIO DE CONSENTIMIENTO: Los temas del calendario de consentimiento implican cuestiones de naturaleza rutinaria o no controvertida. Todos los tema s de consentimiento se adoptan mediante la aprobación de una sola moción del Concejo Municipal. Antes de la aprobación, cualquier tema puede eliminarse de la parte de consentimiento de la agenda y considerarse aparte, a petición de un concejal, individuo d el personal del Ayuntamiento o persona del público.

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Previa solicitud, esta agenda puede estar disponible en formatos alternativos apropiados para personas con discapacidades, en observancia de la Ley de Estadounidenses con Discapacidades. Llame al teléfo no (619) 336 -4228 de la Oficina del Secretario del Ayuntamiento para solicitar una modificación o adaptación de acceso relativa a la discapacidad. Notificar 24 horas antes de la sesión permitirá al Ayuntamiento hacer arreglos razonables para garantizar la accesibilidad a esta junta.

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OPEN TO THE PUBLIC

A. CITY COUNCIL

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE TO THE FLAG

PUBLIC COMMENTS (THREE-MINUTE TIME LIMIT)

PROCLAMATIONS AND CERTIFICATES

1. National City Celebrates Woman’s History Month recognizing Sweetwater High School Varsity Lady Devils Basketball Team.

AWARDS AND RECOGNITIONS

2. Employee of the Quarter 2022 - Ronald Gutlay, Accountant. (Finance)

3. Introduction of New Employee - Grace Navarro, Human Resources Manager. (Human Resources)

4. Introduction of New Employee - Christopher Nguyen, Accountant. (Finance)

PRESENTATIONS (FIVE-MINUTE TIME LIMIT)

INTERVIEWS / APPOINTMENTS

5. Boards, Commissions, Committees - Mayoral Appointments. (City Clerk)

6. Boards, Commissions, Committees - City Council Interviews and Appointments. (City Clerk)

REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT)

CONSENT CALENDAR

7. Motion of the City Council of the City of National City, California approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk)

8. Approval of City Council Meeting Minutes - January 2022. (City Clerk)

9. Resolution of the City Council of the City of National City, California, adopting AB361 Findings Regarding Teleconference Meetings. (City Clerk) 6 of 452

10. Resolution of the City Council of the City of National City, California, approving an agreement between the City of N ational City and the National City Chamber of Commerce for a not to exceed amount of $50,000 to assist in addressing the negative economic impacts of the pandemic to the National City business community and appropriating $50,000 from the American Rescue Plan Act funds allocated to General Fund offsets for the agreement. (City Manager)

11. Resolution of the City Council of the City of National City, California authorizing the acceptance of the California Library Literacy Services (CLLS) Grant in the amount of $9,750 to fund the National City Public Library’s Literacy Services ESL Program for FY 2022 and authorizing the establishment of a Library Grants Fund appropriation of $9,750 and corresponding revenue budget. (Library and Community Services)

12. Resolution of the City Council of the City of National City, California approving a Subordination Agreement with Clara Futura Investments, LLC, a California limited liability company, and Real Value Properties II LLC, a California limited liability company, subordinating the Deed of Trust securing the performance of an Affordable Housing Density Bonus Agreement entered into on October 22, 2021 that restricts one housing unit at 1924 Harding Avenue in National City. (Housing Authority)

13. Resolution of the City Council of National City, California creating two (2) new job classifications and amending the Management Salary Schedule, and the Confidential Salary Schedule. (Human Resources)

14. Resolution of the City Council of the City of National City, California, approving an amendment to the salary schedule for the National City Municipal Employees Association (NCMEA) to revise the Fire Inspector and approving an amendment to the salary schedule for the Management & Executive Groups for the Police Support Services Manager and Assistant City Attorney.(Finance)

15. Resolution of the City Council of the City of National City, California , authorizing the Mayor to execute a Memorandum of Understanding (MOU) between San Diego Association of Governments (SANDAG) and the City of National City for coordination, participation, and on -going support and commitment for the Next Operating System co ncept (Advancing Connectivity and the Economy Through Technology in the San Diego Region). (Engineering/Public Works)

16. Resolution of the City Council of the City of National City, California, 1) authorizing a Fiscal Year 2022 budget adjustment to establish appropriations in the amount of $30,000 for Capital Improvement Program (CIP) Fleet Vehicle Equipment and Accessories for the National City Police Department; 2) waiving the formal bid process pursuant to NCMC 2.60.260 regar ding 7 of 452

cooperative purchasing authorizing the City to piggyback onto the County of San Diego’s Contract # 564083 with Penske Ford Automotive LLC, dba Penske Ford; and, 3) waiving the formal bid process pursuant to NCMC

2.60.220 (B) regarding exception to bid ding requirements authorizing the buildout with sole source vendor AEP, for four (4) new 2022 Ford Explorer Interceptors in an amount not -to-exceed $270,000. (Engineering/Public Works)

17. Resolution of the City Council of the Ci ty of National City, California, 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No.

U51 Rev. 1 with the State of California Department of Transportation (Caltrans) for the Citywide Bike Wayfinding Project to allow for reimbursement of up to $95,000 in eligible project expenditures through the State Active Transportation Program (ATP); and 2) authorizing the establishment of an Engineering Grant Funds appropriation of $95,000 and corresponding revenue budget. (Engineering/Public Works)

18. Acceptance of the Housing Element 2021 Annual Progress Report pursuant to California Code Section 654000. (Housing Authority)

19. Warrant Register #32 for the period of 2/04/22 through 2/10/22 in the amount of $1,743,504.52. (Finance)

20. Warrant Register #33 for the period of 2/11/22 through 2/17/22 in the amount of $1,802,216.12. (Finance)
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS

21. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City, California, adopting a Military Equipment Policy. (City Attorney)

22. Public Hearing and Introduction of the U.S Department of Housing and Ur ban Development (HUD) 2022 -2023 Annual Action Plan and the allocation of 2022-2023 HUD estimated entitlement grant funds and program income to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for the 2022-2023 Annual Action Plan. (Housing Authority)

23. Public Hearing and Introduction of an Ordinance of the City of National City Amending National City Municipal Code 9.60.110 (Evidence of a Cannabis Owner(s), and Represent ative(s) Background Check Required) and

9.60.230(j) (General Operating Requirements for all Commercial Cannabis Businesses). (City Manager)

NON CONSENT RESOLUTIONS

24. Resolution of the City Council of the City of National City, California, authorizing various fiscal year 2022 mid-year budget adjustments. (Finance) 8 of 452

25. Resolution of the City Council of the City of National City, California, amending the Employment Agreement between the City of National City and Charles E. Bell Jr. for the position of City Attorney and authorizing a budget appropriation of $3,600 from the General Fund to cover fiscal year 2022 cost increases. (Finance)

NEW BUSINESS

26. Seeking direction from the City Council of the City of National City regarding repeal of Section 16.09 of the National City Municipal Code in its entirety to dissolve the Veterans and Military Families Advisory Committee a nd establish a Veterans Event Working Group. (Library and Community Services) B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY

CONSENT RESOLUTIONS - HOUSING AUTHORITY
PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY

NON CONSENT RESOLUTIONS - HOUSING AUTHORITY

NEW BUSINESS - HOUSING AUTHORITY
C. REPORTS

STAFF REPORTS

27. Fiscal Year 2021 4th Quarter General Fund Budget Review. (Finance)

28. City Manager Report. (City Manager)

MAYOR AND CITY COUNCIL

29. City Council Policy #105 request to agendize at a future meeting staff coming back with an updated policy concerning City Council Meetings and how meetings are conducted – Councilmember Mona Rios.

CLOSED SESSION

CLOSED SESSION REPORT

ADJOURNMENT
Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - April 5, 2022 - 6:00 p.m. - Council Chambers - National City, California. 9 of 452

The following page(s) contain the backup material for Agenda Item: National City Celebrates Woman’s History Month recognizing Sweetwater High School Varsity Lady Devils Basketball Team.

Please scroll down to view the backup material.
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Item # ___
03/15/22
National City Celebrates Woman’s History Month recognizing Sweetwater High School Varsity Lady Devils Basketball Team 11 of 452

The following page(s) contain the backup material for Agenda Item: Employee of the Quarter 2022 - Ronald Gutlay, Accountant. (Finance)
Please scroll down to view the backup material.
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,MﬁrﬂéMammal“CITY OF NATIONAL CITY

M E M O R A N D U M
DATE: March 2, 2022
TO: Brad Raulston, City Manager
FROM: Robert J.Meteau, Jr.,Human Resources Director
SUBJECT: EMPLOYEE OF THE QUARTER PROGRAM

The Employee Recognition Program communicates theCity’sappreciationforoutstanding performance. In doing so,itrecognizesemployees who maintainhigh standardsof personal conduct and make signiﬁcantcontributionsto theworkplace and community.

The employee to be recognizedforthe 151Quarterof calendaryear 2022 is:

Ronald Gutlay, Accountant
By copy oflhismemo, theemployee isinviledto attendtheCouncil meeting on Tuesday, March 15,2022 to be recognizedforhisachievement and service.

Attachment
cc: Ron Gutlay
RachelleBarrera,F inanceManager
Mayor’s Conﬁdential Assistant
Human Resources — Ofﬁce File
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RECEIVED
FEB2 2 2322
F+t-cALI ORNIA -& CITYOFNATIONALCITY
NATIQM§L CITY HUMAN RESOURCESDEPARTMENT
Performance Recognition Award
Nomination Form
| nominate Ronald Gutlay

forthe Performance Recognition Award forthe followingreasons:

Please state reason why your nominee should receive an award, (i.e.,examples of service beyond requirements of position,exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 totalwords. Please be as specificas possiblewhen givingyour examples.

Inominate Ronald Gutlay,Accountant to receive the honorable recognitionforhiscontinued optimism and

endless dedicationto the cityand hispeers. On many occassions, he has stepped out of his comfort zone

to keep citybusiness productive and extend the customer service expected from a publicservant

In August 2021, without direction,Mr. Gutlay took fulllead and libertyto assistthe NutritionCenter by

creatinga streamline process thatwould account fordailymeal distributions,3 process thatwas not fully inplace.He createda templateto help staffrecorddailymeals inrealtime thatwould serve importantforreporting

purposes to the County of San Diego. Viﬁththisapplied effort,Mr. Gutlay was able to help the citypresent

conﬁdence indata and transparency in informationdisclosed by the cityand allrelatedstaffduring the

County's review of cityrecords.The resultof the County reportresultedin a positiveexitreview with

County staff.His continued dedication to help his fellowpeers and citydepartments reveal his positivityand his

driveto get the job done For thisreason, deserves to be recognized forhiseffortsand success of his

contributionto making a positivedifferenceinthe city.

FORWARD COMPLETED NOMINATION TO:

National CityPerformance Recognition Program
Human Resources Department
Rachelle Barrera
Nominated by:

Wegewmmdﬂ 02/22/2022Signature: Date:
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The following page(s) contain the backup material for Agenda Item: Introduction of New Employee - Grace Navarro, Human Resources Manager. (Human Resources) Please scroll down to view the backup material.
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Item # ___
03/15/22
Introduction of New Employee – Grace Navarro,
Human Resources Manager
(Human Resources)
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The following page(s) contain the backup material for Agenda Item: Introduction of New Employee - Christopher Nguyen, Accountant. (Finance)
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Item # ___
03/15/22
Introduction of New Employee – Christopher Nguyen,
Accountant
(Finance)
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The following page(s) contain the backup material for Agenda Item: Boards, Commissions, Committees - Mayoral Appointments. (City Clerk)
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This report does not reflect financial changes to the budget at this time.

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

ATTACHMENTS:

Shelley Chapel
________________

March 15, 2022
Appointments: City Boards, Commissions and Committees – Mayoral Appointments (City Clerk) City Clerk’s Office
Vacancies on multiple Boards/Commissions/Committees (BCCs) were noticed in the Star News , posted on the City Hall Bulletin Boards, City Website, and City Social Media sites to advertise openings and the application acceptance period.

The Vacancy Notices have continually been posted between November 2021 and March 2022.

The following BCCs currently have Vacancies caused by end of term and/or resignations:

Community & Police Relations Committee; Board of Library Trustees; and Veterans & Military Families Advisory Committee.

Luz Molina, City Clerk
Shelley Chapel, Deputy City Clerk
Attachment A – Explanation
Attachment B – Applications (redacted)
Attachment C – City Council Policy #107
Attachment D – Boards/Commission/Committees Reference Chart

This action is not subject to review under the California Environmental Quality Act (CEQA) FINAL ADOPTION:

APPROVED: ________________ MIS

Mayoral appointment with City Councilmembers confirmation. n/a
(619) 336-4225
BOARD / COMMISSION RECOMMENDATION:

Page 1 of 27 ends

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
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ATTACHMENT A
The City Clerk’s Office began advertising and accepting applications for Vacancies on multiple Boards/Commissions/Committees: Community & Police Relations Committee; Board of Library Trustees, and Veterans & Military Families Advisory Committee between November 2021 and March 2022.

Background
In order to obtain qualified candidates, a Notice of Vacancies was advertised on the following: The City website, posted on the City Hall Bulletin Boards, the Star News and City Social Media sites to advertise openings and the application acceptance period. The Vacancies presented are a combination of resignations or end of Term (March 2022).

Vac
ancies are listed below:

BCC Number of Open Seats and
Term expiration for that seat
Appointing
Member(s)
Residency
Requirement
Applications Received
Community & Police
Relations Committee
(1) One Seat March 31, 2023
(2) Two Seats March 31, 2025
Mayoral No – (1)
Yes
(2)
Paul Wapnowski *
Daniel Orth*
Zachary Francisco-Gomez*
Robert Moreno (Non-Resident)
Janice Luna Reynoso
Javier Vargas
Alexander C. Fernandez
Williams Phillips
Board of Library
Trustees
(1) One Seat Sept. 30, 2023
(This is an Alternate Seat)
Mayoral Yes None.

Veteran’s & Military
Families Advisory
Committee
(2) Two Seats Sept. 30, 2022
(1) One Seat Sept. 30, 2024
Mayoral Yes – (1) 2022
No – (1) 2022
Yes – (1) 2024
Robert Moreno (Non-Resident)
Residency requirements are listed if required in the chart above. If filling a resident requirement, applicant must reside within the City of National City at the time the application is submitted to be considered for the resident position.
*One (1) applicant Paul Wapnowski is currently a member of the Civil Service Commission appointed November 20, 2018, to present with a term that expires September 30, 2023. Attendance of meetings is shown below for reference. No meetings were held in 2018 following his appointment.

Attendance 2019 Four (4) 2020 Two (2) 2021 Thirteen (13) 2022 One (1) Attended 4 2 12 0
Absent 0 0 0 0
Cancelled 0 0 1 1
Per
City Council Policy #107 (D)(14)(3) Mandatory Training and Filing Requirements:

Member Wapnowski has the following required training still left to complete: Brown Act Training, Social Media Training and Anti- Sexual Harassment Training. In addition, submittal of the Self -Attestation of COVID -19 Status and Disclosure Authorization.
*******
*******************************************************************************************************************

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*One (1) applicant Daniel Orth is currently a member of the Community & Police Relations Committ ee appointed May 20, 2019, to present with a term that expires March 31, 2022. Attendance of meetings is shown below for reference.

Attendance 2019 Two (2) 2020 Four (4) 2021 Six (6) 2022 One (1) Attended 2 3 5 1
Absent 0 0 0 0
Cancelled 0 1 1 0
P
er City Council Policy #107 (D)(14)(3) Mandatory Training and Filing Requirements: Member Orth completed all training and filing requirements.
****
********************************************************************************************************************** *One (1) applicant Zachary Francisco-Gomez is currently a member of the Community & Police Relations Committee appointed July 3, 2018, to present with a term that expires March 31, 2022. Attendance of meetings is shown below for reference.

Attendance 2018 Four (4) 2019 Four (4) 2020 Four (4) 2021 Six (6) 2022 One (1) Attended 3 4 3 5 1
Absent 0 0 0 0 0
Cancelled 1 0 1 1 0
P
er City Council Policy #107 (D)(14)(3) Mandatory Training and Filing Requirements: Member Gomez has completed all required training and filing requirements. ****
********************************************************************************************************************* A
s a reminder City Council Policy #107 (D)(5) states:

A member may only serve on one (1) Board, Commission, or Committee at a time. If applying for another position on a different Board, Commission, or Committee that applicant will forfeit the prior seat, and a vacancy will occur per policy.

A
pplicants to interview and consider:

1. Robert Moreno – Non-Resident (Chula Vista) (Consideration for CPRC/Vet & Military Families)

2. Janice Luna Reynoso - Resident

3. Javier Vargas – Non-Resident (San Diego)

4. Paul Wapnowski – Resident (Currently Chair and Member of the Civil Service Commission)

5. Daniel Orth – Resident (Currently Member of the Community & Police Relations Committee)

6. Zachary Francisco-Gomez – Resident (Currently Member of the Community & Police Relations)

7. Alexander C. Fernandez – Resident

8. William Phillips - Resident
Appointment:

Per City Council Policy #107 (D)(7):

The Mayor will make the motion to appoint (naming the appointee) and Councilmembers may second the motion. The City Clerk will then take a roll call vote of the City Council. A majority vote of the City Council will be required for the appointment. If, the majority of the City Council choose to deny the proposed appointment, at which point the Mayor would propose an alternative candidate from the current application pool, or could choose to reopen the application period and return to City Councils with a different applicant for consideration.

If Mayor Appointment is not approved by the majority of the City Council by confirmation, that applicant is removed from the pool for that seat. The Mayor will return to a future meeting with a substitute Mayoral appointment.

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P
er City Council Policy #107 (D)(14)(3): Attendance
A Commissioner or Member of a Board, Committee, or Commission must be present at least one hour, or 50% of the entire meeting, whichever is less, to be counted as present for purposes of attendance.

P
er City Council Policy #107 (D)(14)(3): Mandatory Training and Filing Requirements:

Commissioners and Members of Board, Committee, or Commission, as appointed by the legislative body, are entrusted with certain responsibilities and concomitant training and reporting. The following are requirements of Commissioners and Members of Boards, Commissions, and Committees. This training is required to be completed within 30 days of appointment or notification.

1. O
ath of Office (Article XX of the California Constitution, and California Government Code Section 36507)

2. Fair Political Practices Commission (FPPC) Statement of Economic Interest For m 700
Filing (California Government Code Section 87100 et seq)

3. AB1234 Ethics Training (California Government Code Section 53235.1(b))

4. Anti-Sexual Harassment Training

5. Brown Act Training

6. Social Media Training

7. Any training required by State Law, Federal Law, or City Policies.

A
ll training is offered in a variety of formats including in person, via Zoom, training website/software, and pre-recorded video. Currently, these are all requirements of the Mayor and City Council, and City staff.

T
here were no applications received for the Vacancy on the Board of Library Trus tees. P lease provide direction to staff.

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ATTACHMENT B
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AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees

PURPOSE
To es
tablish a procedure to serve as a guide in making appointments to various City Boards, Commissions, and Committees. The City currently has the following Boards, Commissions, and Committees to which this Policy applies:

Mayor
’s Appointments:

1. Board of Library Trustees

2. Community and Police Relations Commission

3. Park, Recreation, and Senior Citizens Advisory Committee

4. Public Art Committee

5. Sweetwater Authority

6. Traffic Safety Committee

7. Veterans and Military Families Advisory Committee
City
Council Appointments:

1. Civil Service Commission

2. Planning Commission

3. Housing Advisory Committee including Ex-Officio Members

4. Port Commission
POLICY
Appointment Process
A. Opportunity to apply. All interested individuals shall be given an opportunity to submit applications for vacancies on City Boards, Commissions, and Committees. Incumbent Appointees are not automatically re-appointed but are required to fill out an abbreviated application provided by the City Clerk, indicating their interest in continuing to serve.

B. Unexpir
ed terms. If an incumbent Appointee was appointed to fill an unexpired term and the Appointee serves for less than one year in that position, the Council may re- appoint the incumbent without considering other applicants.

C. Vacanci
es. When vacancies occur, the following procedure shall be followed:

1. Schedule vacancy. When a term is expiring or expires, public notice of the vacancy shall be made, inviting interested individuals to submit applications for the vacancy on a form provided by the City Clerk on the City website.

Unschedul
ed vacancy. An unscheduled vacancy shall be filled according to Attachment C

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AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees Government Code Section 54974, which generally provides as follows: Whenever an unscheduled vacancy occurs, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the Office of the City Clerk, the City website, outside City Hall on the Bulletin Board, and on City social media platforms not earlier than twenty (20) days before or not later than twenty (20) days after the vacancy occurs. The City Council shall not make a final appointment for at least ten (10) working days after posting the notice in designated locations. The notice’s posting and application period shall be thirty (30) calendar days. However, if it finds that an emergency exists, the City Council may, fill the unscheduled vacancy immediately. According to this section, a person appointed to fill the vacancy shall serve only on an interim basis until the final appointment.

T
he end of term for the members of Boards, Commissions, and Committees generally occurs in an annual rotation during the months of March and September.

Appointments will be considered at those times unless a vacancy resulting from a resignation results in the lack of a Quorum on the Board, Commission, or Committee, in which case the appointment could occur at the time of the unscheduled vacancy in accordance with the procedure set out above.

3. G
overnment Code Section 40605, and National City Municipal Code Title 16, grants the Mayor, with the City Council’s approvals, the authority to make all appointments unless otherwise explicitly provided by statute. The exceptions are:
1 . Civ
il Service Commission

2. P
lanning Commission

3. Housing Advisory Committee including Ex-Officio Members

4. Planning Commission
T
he City Council fills vacancies on these bodies.

D. Implementation. Implementation of Council policy for appointment to Boards, Commissions, and Committees requires the following:

1. Per Government Code Section 54972, on or before December 31 of each year, the City Council shall prepare a list of appointments of all regular and ongoing Boards, Commissions, and C ommittees appointed by the City Council. T he
C
ity Clerk will prepare the list of all regular and ongoing Boards, Commissions, and Committees appointed by the Mayor or the City Council. The list shall contain a list of all terms that will expire during the next calendar year, the incumbent appointee’s name, the appointment date, the term’s expiration date, and the position’s necessary qualifications. It shall also include a list of all

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AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees Boards, Commissions, and Committees whose members serve at the City Council’s pleasure and the qualifications required for each position. This Local Appointments List shall be made available to the public on the City website.

2. Notice. A public notice for vacancies must be placed in the newspaper of general circulation within the City , on the City ’s website, City Hall Bulleti n B
oards, and City social media platforms.

3. Expiration of term. All appointees will receive a letter as their terms expire asking if they would like to re-apply for the position.

4. Applications. Applications shall be available on the City website and in the City Clerk’s Office. Submissions must be received before the advertised deadline for consideration for the appointment. All applications will be retained in the City Clerk’s Office for one year from the date the application was submitted. During the one-year retention period of the application, an applicant shall be considered for other vacancies on Boards, Commissions, and Committees. The City Clerk’s Office will notify the applicant being considered for an appointment to confirm that they are still interested in volunteering.

5. A member may only serve on one (1) Board, Commission, or Committee at a time.

If an applicant applies for another position on a different Board, Commission, or Committee, that applicant will forfeit the prior seat and a vacancy will occur pe r p
olicy.

6. Interviews:
a. Mayor Appointments: Interviews for Mayoral appointments will be c
onducted by the Mayor outside of the public meeting and scheduled by the Mayor’s Office.
b. City Council Appointments: Interviews for the four (4 ) Civil Service Commission, Planning Commission, Housing Advisory Committee , and P
ort Commission who serve at the City Council’s pleasure and ar e app
ointed by the City Council as a body will be interviewed in the public forum at a City Council Meeting as described below.

7. Mayoral Appointments:

T
he Mayor will make the motion to appoint (naming the appointee) and Councilmembers may second the motion. The City Clerk will then take a roll call

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AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees vote of the City Council. A majority vote of the City Council will be required for the appointment. If the majority of the City Council choose to deny the proposed appointment, the Mayor shall either propose an alternative candidate from the current application pool or choose to reopen the application period and return to the City Council at a future City Council Meeting with a different applicant for consideration. If a Mayoral Appointment is not approved by the majority of the City Council by confirmation, that applicant is removed from the pool for that seat. The Mayor will return to a future meeting with a substitute Mayoral appointment.

8. For City Council Appointments, the Interview Process is as follows:
a. The City Clerk will provide an overview of the Board, Commission, or Committee(s) with current vacancy (ies). The Mayor will introduce t he app
licant and two (2) questions will be asked of each applicant on behalf of the City Council.
b. E ach applicant is given two (2) minutes to make a brief introduction of themselves and their qualifications to the City Council. c. M ayor and City Councilmembers will ask questions of each applicant. All applicants must be asked the same questions.
d. Total time per applicant is five (5) timed minutes with time allowed for clarification at the discretion of the City Council, not to exceed ten (10 )
m
inutes total per applicant.
e. All appointments and interviews before the City Council will be scheduled a
s needed to fill unexpected vacancies, with every effort to be m ade bef
ore an individual's term expires. Interviews may take place at one m
eeting, with appointments made at a subsequent meeting.

9. Vacancies for City Council Appointed Positions. If the vacancy is for a City Council appointed position, and there is more than one (1) applicant for a given position, the voting process will proceed as follows: Once the interviews are complete, each Councilmember votes for their choice via a written ballot provided by the City Clerk. Each Councilmember shall print and sign their name on the ballot. All ballots shall be considered a public record and be open to inspection by the public. The ballots are passed to the City Clerk who announces the number of votes for each candidate.

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AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees If the appointment process is conducted via a virtual meeting the process is the same except the ballot/vote process. The City Clerk’s Office will provide a Vote Sheet (a piece of paper electronically) with the name of each applicant to be considered. The Mayor will count to three (3) and the Council will hold their vote sheet up in front of their face to make sure it is captured on the camera during the live virtual meeting. The City Clerk will tally the votes and will then confirm the votes with a verbal roll call. The applicant with the most votes is appointed.

In the event of a tie, each Councilmember votes again until one (1) candidate has the majority vote and is declared to be the newly–appointed member of the Board, Commission, or Committee.

10. Re-appointment beyond two terms. Anyone wishing to be re-appointed to any Board, Commission, or Committee and has served two or more full terms already must be a
pproved by a four -fifths vote of the City Council. I f all five members of the City Council are not present, or if one member abstains or recuses their vote, the four- fifths requirement shall be changed to require only a simple majority.

11. Report to Council:

All applications received for vacancies , whether Mayoral Appointment or City Council Appointment, will be attached to the staff report to Council. All applications will have private personal information redacted (name, street numbers and name of street address, and phone number). This redacted information is in alignment with Government Code Section 6255(a) because the public interest served by not disclosing the applicant’s personal, private information and protection of the applicant’s right to privacy outweighs the public interest served by disclosi ng that information.

12. An automatic vacancy upon becoming a Non- Resident. An unscheduled vacancy automatically occurs when a resident holding an appointment position on a City Board, Committee, or Commission becomes a non-resident by moving out of National City limits. When an unscheduled vacancy occurs due to a resident becoming a non-resident, the unscheduled vacancy may be filled as follows:
a. A special vacancy notice shall be posted in the Office of the City Clerk, and i
n other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final Appointment at a City Council Meeting shall not be made by the Appointing Authority for at least 10 working days after the posting of the notice in the City Clerk’s Office.

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AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees b. T
he Appointing Authority may appoint the former resident to a Non - Residential position if a Non-Residential position is vacant.

H
owever, the Appointing Authority may, if it finds that an emergency exist s, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section.

13. O
nly City Residents may be elected to Chair and Vice- Chair positions. To be el
igible to be elected as the Chairperson of a City Board, Committee , or Commission, the member must be a resident of the City.

14. R
esignations, Attendance, Training, and Removals
R
esignation:

If
a Commissioner or Member of a Board, Committee, or Commission is unable to continue serving because of health, business requirements, or personal reasons, a letter of resignation shall be submitted to the City Clerk, who will present to the City Council.

A
ttendance:

R
egular attendance at meetings is critical to be effective operation of City Boards, Co
mmissions, and Committees. The City Council relies on the advice of the City’s Boards, Commissions, and Committees, which is the result of discussions among appoi
nted members. The City Council anticipates that members of Boards, Committees, and Commissions shall make every reasonable effort to attend all regular and special meetings of their respective Boards , Commissions, and Committees, and to be prepared to discuss matters on their respective agendas.

A C
ommissioner or Member of a Board, Committee, or Commission shall be c
onsidered removed from any advisory board under the following conditions:

1. A Commissioner or Member of a Board, Committ ee, or Commission with unexcused absences from three consecutive regularly scheduled meetings.

2. A C
ommissioner or Member of a Board, Committee, or Commission misses m
ore than 25% of the advisory body’s meetings in a calendar year.

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AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees

3. A Commissioner or Member of a Board, Committee, or Commission must be present at least one hour, or 50% of the entire meeting, whichever is less, to be c
ounted as present for purposes of attendance.

E
xcused Absences:

An “excused absence” is only granted when absolutely necessar y and pre - approved if at all possible. The City Council encourages Boards, Commissions, and Committees to refrain from scheduling meetings on cultural and religious holidays in order to encourage full participation by all Commissioners, Board Members, and the public. The pre-approval of excused absences will be by the body as a whole and documented in the meeting minutes.

E
xcused absences are listed as follows:

1. Illness of the Commissioner or Member of the Board, Committee, or Commission, their family member, or their personal friend;

2. Business commitment of the Commissioner or Member of the Board, Committee, or Commission that interferes with the attendance at a meeting;

3. Attendance of the Commissioner or Member of the Board, Committee, or Commission at a funeral, religious service or ceremony, wedding, or other similarly-significant event; or

4. Other reason for which the Commissioner or M ember of the Board, Committee, or Commission has given notice to the Chairperson or Secretary of their unavailability fifteen (15) days in advance, as long as the unavailability is not expected to last longer than 30 days.

R
emoval:

The Secretary or Lead of each Board , Commission, or Committee will report the attendance to the Office of the City Clerk on a monthly basis. If the attendance or absences fall within these guidelines , the Office of the City Clerk will prepare a report to City Council for review and possible removal of the Commissioner, Member, or Alternate sitting on the Board, Committee, or Commission. Any Commissioner, Member, or Alternate sitting on a Board, Committee, or Commission may be removed from office at any time by a simple majority vote of the City Council at a regularly scheduled Council meeting with or without cause.

M
andatory Training and Filing Requirements:

Commissioners and Members of Board, Committee, or Commission, as appointed by the legislative body, are entrusted with certain responsibilities and

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AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees concomitant training and reporting. The following are requirements of Commissioners and Members of Boards, Commissions, and Committees. This training is required to be completed within 30 days of appointment or notification.

1. O
ath of Office (Article XX of the California Constitution, and Californi a G
overnment Code Section 36507)

2. Fair Political Practices Commission (FPPC) Statement of Economic Interest Form 700 Filing (California Government Code Section 87100 et seq)

3. AB1234 Ethics Training (California Government Code Section 53235.1(b))

4. Sexual Harassment Training

5. Brown Act Training

6. Social Media Training

7. Any training required by State Law, Federal Law, or City Policies.

A
ll training is offered in a variety of formats including in person, via Zoom, training website/software , and pre -recorded video. Currently, these are all requirements of the Mayor and City Council, and City staff.

R
emoval:

F
ailure to complete any of these requirements within 30 days of the appointment date or date of notification is cause for automatic removal.

Related Policy References
Government Code S ection 40605
Government Code Section 54970, et seq.

Article XX of the California Constitution, and California Government Code Section 36507 California Government Code Section 53235 (b)
California Government Code Section 871 00 et seq
National City Municipal Code Title 16 (pending)
Prior Policy Amendments:

February 2, 2021 (Resolution No. 2021- 08)
May 19, 2020 (Resolution No. 2020- 95)
November 9, 1993 (Resolution No. 93-173)
June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147)
May 19, 2020 (Resolution No. 2020-20)

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BOARDS, COMMISSION AND
COMMITTEES (11)

TOTAL MEMBERS
(51+)

BOARD OF

LIBRARY TRUSTEE
(5 Members)

CIVIL SERVICE

COMMISSION
(5 Members)

COMMUNITY

AND POLICE

RELATIONS

COMMISSION
(8 Members)
PARK,

RECREATION

AND SENIOR

CITIZENS'

ADVISORY

COMMITTEE
(7 Members)

PLANNING

COMMISSION
and HOUSING

ADVISORY

COMMITTEE
(7 Members)
2 Ex Officio
PORT

COMMISSION
(1 Member)

PUBLIC ART

COMMITTEE
(5 Members)

SWEETWATER

AUTHORITY
(1 Member)

TRAFFIC
SAFETY

COMMITTEE
(5 Members)

VETERAN'S
AND

MILITARY

FAMILIES

ADVISORY

COMMITTEE
(7 Members)
TERM 3 Years 5 Years 3 Years 3 Years 4 Years 4 Years 3 Years 4 Years 3 Years 4 Years RESIDENCY REQUIREMENT Yes Yes
5 Resident
up to 2 Non-
Resident
(1) Non-Voting
Member Yes Yes Yes No n/a Yes
5 Resident
up to 2 Non-
Resident
VOTER REQUIREMENT No No No No No No No No No No

MAYORAL APPOINTMENT SUBJECT TO

CONFIRMATION BY THE CITY COUNCIL X X X X X X X

CITY COUNCIL AS A BODY APPOINTMENT X X X
COMPENSATION No No No No
Compensation set
by Council
Resolution No No No No No
FORM 700 FILING REQUIREMENT Yes Yes Yes No Yes n/a No n/a No No MEETINGS 1 X per month
1X every other
month
1X every 3
months
1X every 2
months 2X per month n/a
1X per
quarter n/a 1X per month
1X per
quarter

REQUIRED TO REPORT TO COUNCIL

ANNUALLY
Yes, on or before
August 31st and to
the State Librarian Yes Yes Yes Yes Yes Yes Yes Yes Yes OTHER
Can not be
salaried
employee or
holds office of
the City

BOARDS/COMMISSION/COMMITTEES
**Effective February 2, 2020 all Chair and Vice-Chairs are required to be NC Residents CITY COUNCIL POLICY #107 and NCMC TITLE 16

ATTACHMENT D

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The following page(s) contain the backup material for Agenda Item: Boards, Commissions, Committees - City Council Interviews and Appointments. (City Clerk) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

ATTACHMENTS:

Shelley Chapel
________________

March 15, 2022
Appointments: City Boards, Commissions and Committees – City Council Appointments (City Clerk) City Clerk’s Office
Vacancies on multiple Boards/Commissions/Committees (BCCs) were noticed in the Star News , posted on the City Hall Bulletin Boards, City Website, and City Social Media sites to advertise openings and the application acceptance period.

The m
ost recent Vacancy Notices were posted on Thursday, January 20, 2022, and all applications were due to the City Clerk’s Office by the deadline of Thursday, February 24, 2022, at 5:00 p.m.

The f
ollowing BCCs currently have Vacancies caused by end of term and/or resignations:

Ci
vil Service Commission, Housing Advisory Committee, and Planning Commission.

Inc
umbents were given the option to be considered for reappointment, those considerat ion applications are included in Attachment B. The City Clerk’s Office also contacted applicants who previously applied for positions in the last twelve (12) months for consideration. Applications are retained for those not appointed for twelve (12) months from application date. (S
ee Explanation (Attachment A) for more information)
Luz Molina, City Clerk
Shelley Chapel, Deputy City Clerk
Attachment A – Explanation
Attachment B – Applications (redacted)
Attachment C – City Council Policy #107
Attachment D – Boards/Commission/Committees Reference Chart

This action is not subject to review under the California Environmental Quality Act (CEQA) FINAL ADOPTION:

APPROVED: ________________ MIS
This report does not reflect financial changes to the budget at this time.

City Council to Conduct Interviews and Appointment.
n/a
(619) 336-4225
BOARD / COMMISSION RECOMMENDATION:

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ATTACHMENT A
The City Clerk’s Office began advertising and accepting applications for Vacancies on multiple Boards/Commissions/Committees: Civil Service Commission, Housing Advisory Committee and Planning Commission between November 2021 and March 2022.

Vac
ancies are listed below:

BCC Number of Open Seats and
Term expiration for that seat
Appointing
Member(s)
Residency
Requirement
Applications Received
Civil Service
Commission
(1) One - Sept. 30, 2022 Ci ty Council Yes (1) Robert Moreno (Non-Resident) Disqualified – Residency
Requirement
Housing
Advisory
Committee
(1) One - March 31, 2023
(3) Three - March 31, 2026
City Council Yes/No (1)
Yes (3)
Maria Dela Paz *(Resident)
Damian Roman*(Resident)
Lorna Delos Santos*(Resident)
Randi Marie Castle (Resident)
Robert Moreno (Non-Resident)
Mayra A. Valdez (Resident)
Planning
Commission
(2) Two - March 31, 2026
City Council Yes (1) Maria Dela Paz *(Resident)
Damian Roman*(Resident)
Randi Marie Castle (Resident)
Richard Martin Miller(Resident)
Javier Vargas (Resident)
Residency requirements are listed if required in the chart above. If filling a resident requirement, applicant must reside within the City of National City at the time the application is submitted to be considered for the resident position.
*One (1) applicant Lorna Delos Santos is currently a member of the Housing Advisory Committee appointed December 15, 2020, to present with a term that expires March 31, 2022. Attendance of meetings is shown below for reference.

Attendance 2021 – Seven (7) 2022 – One (1)
Attended 1 0
Absent 1 1
Cancelled 5 0
Pe
r City Council Policy #107 (D)(14)(3) Mandatory Training and Filing Requirements:

Commissioner Delos Santos has the following required training still left to complete: AB1234 Ethics Training, Anti-Sexual Harassment Training. In addition, submittal of the Self-Attestation of COVID-19 Status and Disclosure Authorization.
*******
**************************************************************************************************************

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*One (1) applicant Damian Roman is currently a member of the Housing Advisory Committee and Planning Commission appointed January 19, 2021, to present with a term that expires March 31, 2022.

Attendance of meetings is shown below for reference.

Housing Advisory Committee
Attendance 2021 – Seven (7) 2022 – One (1)
Attended 2 0
Absent 0 1
Cancelled 5 0
Planning Commission
Attendance 2021 – Nineteen (19) 2022 – Two (2)
Attended 9 1
Absent 0 0
Cancelled 10 1
Per City Council Policy #107 (D)(14)(3) Mandatory Training and Filing Requirements: Commissioner Roman has completed all required training and filing requirements. ********************************************************************************************************************** *One (1) applicant Maria DeLa Paz is currently a member of the Housing Advisory Committee and Planning Commission appointed April 2, 2002, to present with a term that expires March 31, 2022.

Attendance of meetings is shown below for reference.

Housing Advisory Committee
Attendance 2020 - Ten (10) 2021 – Seven (7) 2022 – One (1) Attended 4 2 0
Absent 0 0 1
Cancelled 6 5 0
Planning Commission
Attendance 2018 –
Nineteen
(19)
2019 –
Twenty One
(21)
2020 –
Eighteen
(18)
2021 –
Nineteen
(19)
2022 –
Two
(2)
Attended 12 14 7 8 1
Absent 3 2 0 1 0
Cancelled 4 5 11 10 1
Per City Council Policy #107 (D)(14)(3) Mandatory Training and Filing Requirements: Commissioner DeLa Paz has completed all required training and filing requirements. **Per City Council Policy #107 (D)(10) Re-appointment beyond two terms. Anyone wishing to be re-appointed to any Board, Commission, or Committee and has served two or more full terms already must be approved by a four-fifths vote of the City Council. If all five members of the City Council are not present, or if one member abstains or recuses their vote, the four-fifths requirement shall be changed to require only a simple majority.

Appointment:

Per City Council Policy #107 (D)(7):

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Per
City Council Policy #107 (D)(14)(3): Attendance
A Commissioner or Member of a Board, Committee, or Commission must be present at least one hour, or 50% of the entire meeting, whichever is less, to be counted as present for purposes of attendance.

Per
City Council Policy #107 (D)(14)(3): Mandatory Training and Filing Requirements:

1. Oat
h of Office (Article XX of the California Constitution, and California Government Code Section 36507)

2. Fair Po litical Practices Commission (FPPC) Statement of Economic Interest Form 700 Filing (California Government Code Section 87100 et seq)

3. AB1234 Ethics Training (California Government Code Section 53235.1(b))

4. Anti-Sexual Harassment Training

5. Brown Act Training

6. Social Media Training

7. Any training required by State Law, Federal Law, or City Policies.

Al
l training is offered in a variety of formats including in person, via Zoom, training website/software, and pre-recorded video. Currently, these are all requirement s of the Mayor and City Council, and City staff.

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ATTACHMENT B

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AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees

PURPOSE
To est
ablish a procedure to serve as a guide in making appointments to various City Boards, Commissions, and Committees. The City currently has the following Boards, Commissions, and Committees to which this Policy applies:

Mayor’
s Appointments:

1. Board of Library Trustees

2. Community and Police Relations Commission

3. Park, Recreation, and Senior Citizens Advisory Committee

4. Public Art Committee

5. Sweetwater Authority

6. Traffic Safety Committee

7. Veterans and Military Families Advisory Committee
City C
ouncil Appointments:

1. Civil Service Commission

2. Planning Commission

3. Housing Advisory Committee including Ex-Officio Members

B. Unexpired
terms. If an incumbent Appointee was appointed to fill an unexpired term and the Appointee serves for less than one year in that position, the Council may re- appoint the incumbent without considering other applicants.

C. Vacancies
. When vacancies occur, the following procedure shall be followed:

Unscheduled
vacancy. An unscheduled vacancy shall be filled according to Attachment C

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AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees Government Code Section 54974, which generally provides as follows: Whenever an unscheduled vacancy occurs, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the Office of the City Clerk, the City website, outside City Hall on the Bulletin Board, and on City social media platforms not earlier than twenty (20) days before or not later than twenty (20) days after the vacancy occurs. The City Council shall not make a final appointment for at least ten (10) working days after posting the notice in designated locations. The notice’s posting and application period shall be thirty (30) calendar days. However, if it finds that an emergency exists, the City Council may, fill the unscheduled vacancy immediately. According to this section, a person appointed to fill the vacancy shall serve only on an interim basis until the final appointment.

The
end of term for the members of Boards, Commissions, and Committees generally occurs in an annual rotation during the months of March and September.

3. Gov
ernment Code Section 40605, and National City Municipal Code Title 16, grants the Mayor, with the City Council’s approvals, the authority to make all appointments unless otherwise explicitly provided by statute. The exceptions are:

1. Civil S
ervice Commission

2. Planning Commission

3. Housing Advisory Committee including Ex-Officio Members

4. Planning Commission
Th
e City Council fills vacancies on these bodies.

D. Implementation. Implementation of Council policy for appointment to Boards, Commissions, and Committees requires the following:

1. Per Government Code Section 54972, on or before December 31 of each year, the City Council shall prepare a list of appointments of all regular and ongoing Boards, Commissions, and C ommittees appointed by the City Council. The City Clerk will prepare the list of all regular and ongoing Boards, Commissions, and Committees appointed by the Mayor or the City Council. The list shall contain a list of all terms that will expire during the next calendar year, the incumbent appointee’s name, the appointment date, the term’s expiration date, and the position’s necessary qualifications. It shall also include a list of all

Page 15 of 22 ends

63 of 452
AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees Boards, Commissions, and Committees whose members serve at the City Council’s pleasure and the qualifications required for each position. This Local Appointments List shall be made available to the public on the City website.

2. Notice. A public notice for vacancies must be placed in the newspaper of general circulation within the City , on the City ’s website, City Hall Bulletin Boards, and City social media platforms.

3. Expiration of term. All appointees will receive a letter as their terms expire asking if they would like to re-apply for the position.

5. A member may only serve on one (1) Board, Commission, or Committee at a time.

If an applicant applies for another position on a different Board, Commission, or Committee, that applicant will forfeit the prior seat and a vacancy will occur pe r policy.

6. Interviews:
a. Mayor Appointments: Interviews for Mayoral appointments will be conducted by the Mayor outside of the public meeting and scheduled by the Mayor’s Office.
b. City Council Appointments: Interviews for the four (4 ) Civil Service Commission, Planning Commission, Housing Advisory Committee , and Port Commission who serve at the City Council’s pleasure and are appointed by the City Council as a body will be interviewed in the public forum at a City Council Meeting as described below.

7. Mayoral Appointments:

The
Mayor will make the motion to appoint (naming the appointee) and Councilmembers may second the motion. The City Clerk will then take a roll call

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64 of 452
AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees vote of the City Council. A majority vote of the City Council will be required for the appointment. If the majority of the City Council choose to deny the proposed appointment, the Mayor shall either propose an alternative candidate from the current application pool or choose to reopen the application period and return to the City Council at a future City Council Meeting with a different applicant for consideration. If a Mayoral Appointment is not approved by the majority of the City Council by confirmation, that applicant is removed from the pool for that seat. The Mayor will return to a future meeting with a substitute Mayoral appointment.

8. For City Council Appointments, the Interview Process is as follows:
a. The City Clerk will provide an overview of the Board, Commission, or Committee(s) with current vacancy (ies). The Mayor will introduce the applicant and two (2) questions will be asked of each applicant on behalf of the City Council.
b. Each applicant is given two (2) minutes to make a brief introduction of t
hemselves and their qualifications to the City Council. c. Mayor and City Councilmembers will ask questions of each applicant. All a
pplicants must be asked the same questions.
d. Total time per applicant is five (5) timed minutes with time allowed for clarification at the discretion of the City Council, not to exceed ten (10) minutes total per applicant.
e. All appointments and interviews before the City Council will be scheduled as needed to fill unexpected vacancies, with every effort to be made before an individual's term expires. Interviews may take place at one meeting, with appointments made at a subsequent meeting.

Each Councilmember shall print and sign their name
on the ballot. All ballots shall be considered a public record and be open to inspection by the public. The ballots are passed to the City Clerk who announces the number of votes for each candidate.

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AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees If the appointment process is conducted via a virtual meeting the process is the same except the ballot/vote process. The City Clerk’s Office will provide a Vote Sheet (a piece of paper electronically) with the name of each applicant to be considered. The Mayor will count to three (3) and the Council will hold their vote sheet up in front of their face to make sure it is captured on the camera during the live virtual meeting. The City Clerk will tally the votes and will then confirm the votes with a verbal roll call. The applicant with the most votes is appointed.

In the event of a tie, each Councilmember votes again until one (1) candidate has the majority vote and is declared to be the newly–appointed member of the Board, Commission, or Committee.

10. Re-appointment beyond two terms. Anyone wishing to be re-appointed to any Board, Commission, or Committee and has served two or more full terms already must be approved by a four -fifths vote of the City Council. I f all five members of the City Council are not present, or if one member abstains or recuses their vote, the four- fifths requirement shall be changed to require only a simple majority.

11. Report to Council:

12. An automatic vacancy upon becoming a Non- Resident. An unscheduled vacancy automatically occurs when a resident holding an appointment position on a City Board, Committee, or Commission becomes a non-resident by moving out of National City limits. When an unscheduled vacancy occurs due to a resident becoming a non-resident, the unscheduled vacancy may be filled as follows:
a. A special vacancy notice shall be posted in the Office of the City Clerk, and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final Appointment at a City Council Meeting shall not be made by the Appointing Authority for at least 10 working days after the posting of the notice in the City Clerk’s Office.

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AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees b. The
Appointing Authority may appoint the former resident to a Non - Residential position if a Non-Residential position is vacant.

How
ever, the Appointing Authority may, if it finds that an emergency exist s, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section.

13. Onl
y City Residents may be elected to Chair and Vice- Chair positions. To be eligible to be elected as the Chairperson of a City Board, Committee , or Commission, the member must be a resident of the City.

14. Res
ignations, Attendance, Training, and Removals
Res
ignation:

If a
Commissioner or Member of a Board, Committee, or Commission is unable to continue serving because of health, business requirements, or personal reasons, a letter of resignation shall be submitted to the City Clerk, who will present to the City Council.

At
tendance:

Reg
ular attendance at meetings is critical to be effective operation of City Boards, Commissions, and Committees. The City Council relies on the advice of the City’s Boards, Commissions, and Committees, which is the result of discussions among appointed members. The City Council anticipates that members of Boards, Committees, and Commissions shall make every reasonable effort to attend all regular and special meetings of their respective Boards , Commissions, and Committees, and to be prepared to discuss matters on their respective agendas.

A Co
mmissioner or Member of a Board, Committee, or Commission shall be considered removed from any advisory board under the following conditions:

1. A Commissioner or Member of a Board, Committ ee, or Commission with unexcused absences from three consecutive regularly scheduled meetings.

2. A Com
missioner or Member of a Board, Committee, or Commission misses more than 25% of the advisory body’s meetings in a calendar year.

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AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees

Ex
cused Absences:

Ex
cused absences are listed as follows:

1. Illness of the Commissioner or Member of the Board, Committee, or Commission, their family member, or their personal friend;

2. Business commitment of the Commissioner or Member of the Board, Committee, or Commission that interferes with the attendance at a meeting;

3. Attendance of the Commissioner or Member of the Board, Committee, or Commission at a funeral, religious service or ceremony, wedding, or other similarly-significant event; or

Rem
oval:

Mandat
ory Training and Filing Requirements:

Commissioners and Members of Board, Committee, or Commission, as appointed by the legislative body, are entrusted with certain responsibilities and

Page 20 of 22 ends

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AMENDED: November 16, 2021
ADOPTED: June 17, 1986
POLICY # 107
TITLE: Appointments to Boards, Commission and Committees concomitant training and reporting. The following are requirements of Commissioners and Members of Boards, Commissions, and Committees. This training is required to be completed within 30 days of appointment or notification.

1. Oa
th of Office (Article XX of the California Constitution, and California Government Code Section 36507)

2. Fair Political Practices Commission (FPPC) Statement of Economic Interest Form 700 Filing (California Government Code Section 87100 et seq)

3. AB1234 Ethics Training (California Government Code Section 53235.1(b))

4. Sexual Harassment Training

5. Brown Act Training

6. Social Media Training

7. Any training required by State Law, Federal Law, or City Policies.

Al
l training is offered in a variety of formats including in person, via Zoom, training website/software , and pre -recorded video. Currently, these are all requirements of the Mayor and City Council, and City staff.

Rem
oval:

Fai
lure to complete any of these requirements within 30 days of the appointment date or date of notification is cause for automatic removal.

Related Policy References
Government Code S ection 40605
Government Code Section 54970, et seq.

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BOARDS, COMMISSION AND
COMMITTEES (11)

TOTAL MEMBERS
(51+)

BOARD OF

LIBRARY TRUSTEE
(5 Members)

CIVIL SERVICE

COMMISSION
(5 Members)

COMMUNITY

AND POLICE

RELATIONS

COMMISSION
(8 Members)
PARK,

RECREATION

AND SENIOR

CITIZENS'

ADVISORY

COMMITTEE
(7 Members)

PLANNING

COMMISSION
and HOUSING

ADVISORY

COMMITTEE
(7 Members)
2 Ex Officio
PORT

COMMISSION
(1 Member)

PUBLIC ART

COMMITTEE
(5 Members)

SWEETWATER

AUTHORITY
(1 Member)

TRAFFIC
SAFETY

COMMITTEE
(5 Members)

VETERAN'S
AND

MILITARY

FAMILIES

ADVISORY

MAYORAL APPOINTMENT SUBJECT TO

CONFIRMATION BY THE CITY COUNCIL X X X X X X X

REQUIRED TO REPORT TO COUNCIL

ANNUALLY
Yes, on or before
August 31st and to
the State Librarian Yes Yes Yes Yes Yes Yes Yes Yes Yes OTHER
Can not be
salaried
employee or
holds office of
the City

BOARDS/COMMISSION/COMMITTEES
**Effective February 2, 2020 all Chair and Vice-Chairs are required to be NC Residents CITY COUNCIL POLICY #107 and NCMC TITLE 16

ATTACHMENT D

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The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City, California approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) Please scroll down to view the backup material.
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Item # ___
03/15/22

MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL

CITY, CALIFORNIA APPROVING THE WAIVING OF THE

READING OF THE TEXT OF THE ORDINANCES OR

RESOLUTIONS THAT ARE HAVING A PUBLIC HEARING

CONSIDERED AT THIS MEETING AND PROVIDING THAT

SUCH ORDINANCES OR RESOLUTIONS SHALL BE

INTRODUCED AND/OR ADOPTED AFTER A READING
OF THE TITLE ONLY.
(City Clerk)
72 of 452

The following page(s) contain the backup material for Agenda Item: Approval of City Council Meeting Minutes - January 2022. (City Clerk)
Please scroll down to view the backup material.
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Item #__________
03-15-2022

APPROVAL OF MEETING MINUTES

CITY COUNCIL OF THE CITY OF NATIONAL CITY:

Virtual Special Closed Session Meeting Minutes: January 4, 2022 at 3:00 p.m.

Virtual Special Meeting Minutes: January 4, 2022 at 5:00 p.m.

Virtual Regular Meeting Minutes: January 18, 2022
Virtual Special Closed Session Meeting Minutes: January 18, 2022

(City Clerk)

74 of 452

Page 1 of 2 ends

MINUTES OF A SPECIAL MEETING

NATIONAL CITY COUNCIL

January 4, 2022

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Assembly Bill No. 361, approved by Governor Newsom on September 16, 2021.

OPEN TO THE PUBLIC

OPEN SESSION

CALL TO ORDER
The meeting was called to order at 3:06 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Other Elected Officials present: Molina
Administrative Officials present: Raulston, Winney, Bell Jr., Maxilom Consultants/Advisors: Aleks Giragosian, Esq.

PLEDGE OF ALLEGIANCE TO THE FLAG
Vice-Mayor Bush led the Pledge of Allegiance.

PUBLIC COMMENTS
None.

Members retired into Closed Session at 3: 12 p.m. with attendees present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, Molina, Raulston, Winney, Bell Jr., Maxilom.

Guest: Aleks Giragosian, Esq.

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
One (1) Potential Case

Members returned from Closed Session at 5 :06 p.m. with attendees present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, Molina, Raulston, Winney, Bell Jr., Maxilom.

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CLOSED SESSION REPORT

Mayor Sotelo-Solis announced that the r eport will be provided during the Special City Council meeting.

ADJOURNMENT

Mayor Sotelo-Solis adjourned to the S pecial Meeting of the City Council of the City of National City, Tuesday, January 4, 2022, 6:00 p.m. via teleconference.

The meeting adjourned at 5:07 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular Meeting of March 15, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor
76 of 452

Page 1 of 2 ends

MINUTES OF A SPECIAL MEETING

NATIONAL CITY COUNCIL

January 4, 2022

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Assembly Bill No. 361, approved by Governor Newsom on September 16, 2021.

OPEN TO THE PUBLIC

OPEN SESSION

CALL TO ORDER
The meeting was called to order at 5:12 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Rodriguez (joined at 5:18 p.m.), Sotelo-Solis Other Elected Officials present: Molina
Administrative Officials present: Raulston, Winney, Bell Jr., Maxilom Interpretation in Spanish provided by Carlos Diaz

PUBLIC COMMENT
Two (2) speakers registered and provided comment: Carol Green, Kathleen Lippitt Two (2) written comments were received and read: Maxine Navarro, Joan Rincon

CONSENT CALENDAR

Public comment: None

1. Adopted Resolution No. 2022 -01. Resolution of the City Council of the City of National City declaring findings to continue teleconference meetings to February 1, 2022, as required by AB 361.

ACTION: Motion by Councilmember Rios, seconded by Councilmember Rodriguez , to approve the Consent Calendar Item 1.

Motion carried by unanimous vote.

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NON CONSENT RESOLUTIONS

2. Adopted Resolution No. 2022 -02. Resolution of the City Council of the City of National City Approving the Memorandum of Understanding (MOU) between the City and the National City Firefighters’ Association (NCFFA) and Authorizing General Fund Fiscal Year 2021- 2022 Budget Appropriations of $211,900 for Salary and Benefit Increases.

City Clerk Molina read the title of the Resolution into the record.

Mayor Sotelo-Solis introduced City Attorney Bell who introduced Senior Council Aleks Giragosian.

Mr. Giragosian provided a report and a slide presentation.

Public Comment:

One (1) speaker registered and provided comment: Becky Rapp

ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios , to adopt the Resolution.

Motion carried by unanimous vote.

CLOSED SESSION REPORT OUT

Mayor Sotelo- Solis introduced City Attorney Bell who reported that direction was given by unanimous vote on Item 1 of the closed session meeting of January 4, 2022.

ADJOURNMENT

Mayor Sotelo- Solis adjourned to the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City, Tuesday, January 18, 2022, 6:00 p.m. via teleconference.

The meeting adjourned at 5:32 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular Meeting of March 15, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor
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MINUTES OF A SPECIAL MEETING

NATIONAL CITY COUNCIL

January 18, 2022

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Assembly Bill No. 361, approved by Governor Newsom on September 16, 2021.

OPEN TO THE PUBLIC

OPEN SESSION

CALL TO ORDER
The meeting was called to order at 3:07 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Administrative Officials present: Raulston, Winney, Chapel, Bell Jr., Torres, Brennan, Munoz, Hernandez, Valadez, Yano, and Gomez.

Consultants/Advisors: Eddie Kreisberg, and Special Counsel Mitch Dean.

PLEDGE OF ALLEGIANCE TO THE FLAG
Vice-Mayor Bush led the Pledge of Allegiance.

PUBLIC COMMENTS
None.

Members retired into Closed Session at 3:13 p.m. and returned at 4:43 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, and Raulston. Consultant Eddie Kreisberg.

CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations: Municipal Employees’ Association (SEIU, Local 221), Police Officers Association (POA)
Unrepresented Groups: Executive, Confidential, and Management Agency Designated Representatives: Eddie Kreisberg (Labor Negotiator), Brad Raulston (City Manager), Tony Winney (Assistant City Manager), Jose Tellez (Chief of Police), Molly Brennan (Administrative Services Director), Paul Valadez (Budget Manager - Finance), Lilia Munoz (Human Resources Manager)

Items 4-5 were heard out of order before Items 2-3.

4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Ali A. Mendoza, et al. v. City of National City 18-CV-0775-L-BGS
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5. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Sheena Sanders, et al. v. City of National City 20CV0085 AJB BLM

Staff Present: Bell Jr., Gomez, Hernandez, Torres, and Special Counsel Mitch Dean.

Members retired into Closed Session at 4:43 p.m. and returned at 4:56 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, and Raulston.

Staff member Torres left meeting at 4:56 p.m.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Madison Blaylock v. City of National City, et al 37-2021-00024099-CU-PA-CTL

Members retired into Closed Session at 4:56 p.m. and returned at 5:09 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, and Raulston.

Staff member Hernandez left meeting at 5:10 p.m.

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Mario Toledo Bedolla, et al. v. City of National City 37-2019-00054733-CU-PO-CTL

Staff Present: Bell Jr., Gomez, and Yano.

Members retired into Closed Session at 5:09 p.m. and returned at 5:14 p.m. with all members present in attendance: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis, and Raulston.

CLOSED SESSION REPORT

Mayor Sotelo-Solis announced that the report will be provided during the regular City Council meeting.

ADJOURNMENT

The meeting adjourned at 5:15 p.m.
__________________________
Shelley Chapel, Deputy City Clerk

The foregoing minutes were approved at the Regular Meeting of March 15, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor
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MINUTES OF THE VIRTUAL REGULAR MEETING

OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT
COMMISSION – HOUSING AUTHORITY

OF THE CITY OF NATIONAL CITY

January 18, 2022

This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Assembly Bill No. 361, approved by Governor Newsom on September 16, 2021.

The City Council minutes are prepared and ordered to correspond to the City Council Ag enda.

Agenda Items can be taken out of order during the meeting. The Agenda Items were considered in the order presented.

A. CITY COUNCIL

CALL TO ORDER
The meeting was called to order at 6:05 p.m. by Mayor Sotelo-Solis.

ROLL CALL
Councilmembers present: Morrison, Rios, Rodriguez, Bush, Sotelo-Solis Other Elected Officials present: Beauchamp, Molina

Administrative Officials present : Raulston, Winney, Bell Jr., Chapel, Gilman, Torres, Williams, Aguirre, Vergara, Valadez, Reeder, Parra, Tellez, Ryan, Brennan, Yano, and Barrera.

Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.

PLEDGE OF ALLEGIANCE TO THE FLAG
Vice-Mayor Bush led the Pledge of Allegiance.

Mayor Sotelo-Solis announced that Item 21 of tonight’s agenda will be held over to the next council meeting.

PUBLIC COMMENTS
Mayor Sotelo-Solis summarized the process for acceptance of live public comment allowing three (3) minute per comment and introduced City Clerk Molina.

Eight (8) spoken comments were registered and heard: Diane Grace, Barbara Gordon, Cynthia Suero-Gabler, Becky Rapp, Kelly McCormick, Kathleen Lippitt, and Judith Strang.

No written comments were received.

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PROCLAMATIONS AND CERTIFICATES

1. National City recognizes Samahan Health Center team for COVID -19 youth vaccination efforts.

Mayor Sotelo-Solis introduced Crisabel Ramos with The Philippine Nurses Association of San Diego County, Inc. (PNASD), Myr na Psillas with San Diego Majestic Lions Club, and Elidoro Primero with Samahan Health Center who received the honor.

Received and filed.

AWARDS AND RECOGNITIONS

2. Employee of the Quarter 2021 - Christopher Goodrich, Fire Captain.

Mayor Sotelo- Solis introduced Chief Parra who provided remarks in honor of Fire Engineer Goodrich.

Received and filed.

PRESENTATIONS

3. A Kimball Holiday 2021 Recap.

Mayor Sotelo- Solis introduced Library and Community Services Director Ryan and Elyana Delgado, acting Recreation Superintendent, who provided the staff report and video.

Received and filed.

INTERVIEWS / APPOINTMENTS - No agenda items.

REGIONAL BOARDS AND COMMITTEE REPORTS

Port Commissioner Naranjo provided a report on the Port of San Diego.

Public Comment: Two (2) written comments were received and read: Danny Serrano, and Silvia Calzada.

Councilmember Morrison reported on the business of the Regional Solid Waste Association (RSWA).

Vice-Mayor Rodriguez announced that the Metro Wastewater Joint Powers Authority (JPA) meeting is forthcoming.

Councilmember Rios reported on the business of the San Diego County Water Authority, and Sweetwater Authority.

Vice-Mayor Bush reported on the business of the Air Pollution Control District and the South County Economic Development Committee.

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Mayor Sotelo-Solis reported on the business of San Diego Metropolitan Transit System (MTS) and San Diego Community Power (SDCP), and San Diego Association of Governments (SANDAG).

CONSENT CALENDER

Public Comment: None

ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to approve the Consent Calendar Items 4 through 14.

Motion carried by 5-0 vote.

4. Approved Motion of the City Council of the City of National City, California approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only.

5. Adopted Resolution No. 2022-03. Resolution of t he City Council of the City of National City, California accepting and authorizing the Mayor to sign an Encroachment Permit Agreement with Ahmadian Investment Group, LLC, to install a transformer pad within public right-of-way as part of the future development project located on 2428 Highland Avenue (APN 562-072-03-00).

6. Adopted Resolution No. 2022-04. Resolution of the City Council of the City of National City, California: 1) awarding a contract to Eagle Paving Company, Inc. in the not-to-exceed amount of $650,760.00 for the National City Boulevard Bikeway Project, CIP No. 19- 18; 2) authorizing a 15% contingency in the amount of $97,614.00 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract.

7. Adopted Resolution No. 2022-05. Resolution of the City Council of the City of National City, California: 1) rescinding Resolution No. 2021- 191; 2) authorizing the filing of a Proposition 68 Per Capita Program application for the Kimball Park Playground Improvements Project in the amount of $216,033; 3) authorizing the City Manager or designee to execute the grant agreement if selected for funding; and 4) if selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $216,033 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the Per Capita Program for the Kimball Park Playground Improvements Project.

8. Adopted Resolution No. 2022-06. Resolution of the City Council of the City of National City, California, authorizing participation in the National Opioid Settlement and Authorizing the City Attorney to execute the necessary participation documents.

9. Ratified Warrant Register #19 for the period of 11/06/21 through 11/11/21 in the amount of $1,083,482.23.

10. Ratified Warrant Register #20 for the period of 11/12/21 through 11/18/21 in the amount of $1,777,949.98.

11. Ratified Warrant Register #21 for the period of 11/19/21 through 11/25/21 in the amount of $694,609.53.
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12. Ratified Warrant Register #22 for the period of 11/26/21 through 12/02/21 in the amount of $3,029,725.02.

13. Ratified Warrant Register #23 for the period of 12/03/21 through 12/09/21 in the amount of $1,814,529.63.

14. Ratified Warrant Register #24 for the period of 12/10/21 through 12/16/21 in the amount of $3,576,255.03.

PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS

15. Introduction of an Ordinance of the City Council of the City of National Ci ty, California, amending the National City Municipal Code Title 2 – Administration by adding Section

2.02 – City Attorney.

City Clerk Molina read the title of the Ordinance into the record.

Mayor Sotelo-Solis introduced City Attorney Bell who stated that there was no report.

Mayor Sotelo-Solis declared the Public Hearing open at 7:28 p.m.

Public Comment: None.

ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to close the Public Hearing at 7:29 p.m.

Motion passed by 5-0 vote.

ACTION: Motion by Councilmember Rios, seconded by Vice-Mayor Bush, to a ccept the introduction of the Ordinance.

Motion passed by 5-0 vote.

Mayor Sotelo-Solis announced again that Item 21 has been pulled by staff to be heard at a future meeting.

NON CONSENT RESOLUTIONS

16. Adopted Resolution No. 2022 -07. Resolution of the City Council of the City of National City, California authorizing the acceptance of the Emergency Connectivity Fund (ECF) grant from the Federal Communications Commission (FCC) in the amount of $15,225.80 to cover the costs associated with purchasing 25 laptops with LTE wireless serv ice and the establishment of Library Grants Fund appropriations of $15,225.80 and corresponding revenue budget.

City Clerk Molina read the title of the Resolution into the record.

Mayor Sotelo-Solis introduced Library and Community Services Director Ryan who provided the report.

Public Comment: None.
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ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to adopt the Resolution.

Motion passed by 5-0 vote.

17. Adopted Resolution No. 2022 -08. Resolution of the City Council of the City of National City, California: 1) Authorizing the Display of Artwork in the City Hall Council Chamber and 2) Approving the Installation of Artwork by Artist Francisco Morales in the City Hall Council Chamber.

City Clerk Molina read the title of the Resolution into the record.

Mayor Sotelo-Solis introduced Library and Community Services Director Ryan who introduced Artist Francisco Morales. Mr. Morales provided a PowerPoint presentation.

Public Comment: None.

ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rodriguez, to adopt the Resolution.

Motion passed by 5-0 vote.

18. Adopted Resolution No. 2022 -09. Resolution of the City Council of the City of National City, California accepting the report and recommendation of the appointed Proposition “D” Independent Review Committee to maintain the City of National City District Transactions & Use Tax at the current rate of 1% for the next five years, pursuant to the provisions of Section 4.160.180 of the City of National City Municipal Code.

City Clerk Molina read the title of the Resolution into the record.

Mayor Sotelo- Solis introduced Administrative Services Director Brennan who introduced Proposition “D” Independent Review Committee Member Dr. Sherry Ryan, Pro fessor School of Public Affairs, who provided the report.

Public Comment: None.

ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios , to adopt the Resolution.

Motion passed by 5-0 vote.

NEW BUSINESS

19. Adopted Resolution No. 2022- 10. Resolution of the City Council of the City of National City, California Initiating a Street Vacation of a portion of Kimball Way, north of East 14th Street and northwest of the intersection with ‘F’ Avenue, as part of the Kimball Highlands and San Ysidro Health (PACE) Clinic project. (Applicant: Excel Engineering) (Case File No. 2021-23 SC)

City Clerk Molina read the title of the Resolution into the record.

Mayor Sotelo- Solis introduced Associate Planner Davi d Welch who provided the report and PowerPoint presentation. Director of Housing Aguirre addressed questions from Councilmembers.
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Public Comment: None.

ACTION: Motion by Councilmember Rios , seconded by Vice -Mayor Bush, to adopt the Resolution.

Motion passed by 5-0 vote.

20. Approved Fiscal Year 2022/2023 Budget Workshop dates and Quarterly Priorities.

Mayor Sotelo-Solis read the title of the Item into the record and introduced Director Brennan and City Manager Raulston who provided the report. A correction to the report was noted as F inal Budget adoption would be June 7 not June 14 as stated in the report.

Public Comment: None.

ACTION: Motion by Mayor Sotelo-Solis, seconded by Vice-Mayor Bush, to approve the Item with the stated corrections.

Motion passed by 5-0 vote.

B. COMMUNITY DEVELOPMENT COMMISSION – HOUSING AUTHORITY

CONSENT RESOLUTIONS – HOUSING AUTHORITY – No agenda items.

PUBLIC HEARINGS: RESOLUTIONS – HOUSING AUTHORITY – No agenda items.

NON CONSENT RESOLUTIONS – HOUSING AUTHORITY
Item Pulled From Agenda:

Mayor Sotelo-Solis announced that staff pulled Item 21 to be heard at a future meeting.

21. Resolution of the Community Development Commission-Housing Authority of the City of National City (“Housing Authority”) approving a conditional award of Ten Million Dollars ($10,000,000) from the Housing Authority’s Housing Fund to the 400- unit Azuriik Affordable Housing Project by the Metropolitan Advisory Committee on Anti -Poverty (“MAAC”) located at 233 Roosevelt Avenue.

NEW BUSINESS – HOUSING AUTHORITY – No agenda items.

C. REPORTS

STAFF REPORTS

22. City Manager Report.

City Manager Raulston provided a report.

MAYOR AND CITY COUNCIL

Closing remarks were provided by member of the Council, City Clerk, and City Treasurer.

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CLOSED SESSION

CLOSED SESSION REPORT

Mayor Sotelo-Solis introduced City Attorney Bell who provided the report.

No report.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Madison Blaylock v. City of National City, et al 37-2021-00024099-CU-PA-CTL

City Attorney Bell reported that there was direction given by City Council by unanimous vote.

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Mario Toledo Bedolla, et al. v. City of National City 37-2019-00054733-CU-PO-CTL

City Attorney Bell reported that there was direction given by City Council by unanimous vote.

4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Ali A. Mendoza, et al. v. City of National City 18-CV-0775-L-BGS

City Attorney Bell reported that there was direction given by City Council by unanimous vote.

5. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Sheena Sanders, et al. v. City of National City 20CV0085 AJB BLM

City Attorney Bell reported that there was direction given by City Council by 3-2 vote (Ayes: Bush, Rodriguez, Sotelo-Solis; Nayes: Morrison, Rios).

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ADJOURNMENT

Mayor Sotelo- Solis adjourned to the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City, Tuesday, February 1, 2022, 6:00 p.m. via teleconference.

The meeting adjourned at 8:35 p.m.

__________________________
Luz Molina, City Clerk

The foregoing minutes were approved at the Regular Meeting of March 15, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor

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The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California, adopting AB361 Findings Regarding Teleconference Meetings. (City Clerk)
Please scroll down to view the backup material.
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None.

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

This action is not subject to review under the California Environmental Quality Act (CEQA) FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:
_ Shelley Chapel
________________

March 15, 2022
Adoption of a Resolution Declaring Findings to Continue Teleconference Meetings to April 5, 2022, as required by AB 361 (City Clerk)
City Clerk
Adoption of the resolution would allow the City Council and the City Boards, Commissions and Committees to continue teleconference meetings via Zoom past the September 30, 2021, expiration date of the Governors Executive Order N -08-21. The State of Emergency continues as the COVID -19 Delta Variant has emerged causing a spike in cases throughout the world. The City complies with the County of San Diego County Health Department and Cal OSHA requirements to ensure the health and safety of its staff and the public.

Adopti
ng this resolution would allow the City Council to reevaluate this declaration of findings every 30 days for ongoing continuation or further action.

See Attachment A – Explanation regarding Assembly Bill No. 361 Shelley Chapel, MMC, Deputy City Clerk
A – Resolution
FINAL ADOPTION:

APPROVED: ________________ MIS
Staff recommends that the City Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and the City Boards, Commissions and Committees after September 30, 2021 for a period of 30 days from the date of this meeting to be considered again by the City Council for ongoing continuation or further action.

(619) 336-4225

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
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RESOLUTION NO. 2022-

RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, MAKING THE FINDINGS REQUIRED BY AB 361 TO CONTINUE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL AND THE CITY BOARDS, COMMISSIONS, AND COMMITTEES AFTER APRIL 5, 2022 FOR A PERIOD OF 30 DAYS
WHEREAS, the World Health Organization has declared the COVID -19 outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act; and WHEREAS, b eginning March 2020, California Governor Newsom executed Executive Order N-29-20 including additional updates as the pandemic progressed and extending into 2021. The most recent Executive Order N -08-21, issued June 11, 2021 waived all physical presence requirements under the Ralph M. Brown Act as a means of limiting the spread of COVID-19; and
WHEREAS, Executive Order N-08-21 is set to expire on September 30, 2021. The date was predicted as a time when hopes were that agencies could begin to transition back to public meetings held in full compliance with the Ralph M. Brown Act; and WHEREAS, on September 16, 2021, California Governor Newsom signed into law Assembly Bill (AB) 361, which extends the authority of public agencies to conduct meetings by teleconference, including video conference, while the state of emergency resulting from the COVID -19 pandemic and accompanying recommendations for social distancing remain in place.

WHEREAS, on October 5, 2021, City Council adopted Resolution No. 2021 -147 was adopted declaring findings to continue to teleconference for an additional 30 days.

WHEREAS, on November 2, 2021, City Council adopted Resolution No. 2021-164 was adopted declaring findings to continue to teleconference for an additional 30 days.

WHEREAS, on December 7, 2021, City Council adopted Resolution No. 2021-183 was adopted declaring findings to continue to teleconference for an additional 30 days.

WHEREAS, on January 4, 20 22, City Council adopted Resolution N o. 2022-01 was adopted declaring findings to continue to teleconference for an additional 30 days.

WHEREAS, on February 1, 2022, City Council adopted Resolution No. 2022-1 1 was adopted declaring findings to continue to teleconference for an additional 30 days.

WHEREAS, on March 1, 2022, City Council adopted Resolution No. 2022-31 was adopted declaring findings to continue to tele
conference for an additional 30 days.

Page 1 of 2 ends

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NOW, T

HEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECL ARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1 : M akes the findings required by AB 361 to continue teleconference meetings of the Legislative Body and its appointed Boards, Commissions, and Committees:

Sect
ion 2. Makes the findings that the City of National City meets the requirements to continue holding meeting remotely in order to ensure the health and safety of its staff and the public:

Section 3. That the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 15th day of March 2022, by the following vote:
___________
_______________
Alejandra Sotelo-Solis, Mayor
ATTEST
:
___________
______________
Luz Molina, City Clerk
APPROVED AS TO FORM:
___________
_______________
Charles E. Bell Jr., City Attorney

Page 2 of 2 ends

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RESOLUTION NO. 2022 -

RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, MAKING THE FINDINGS REQUIRED BY AB 361 TO CONTINUE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL AND THE CITY BOARDS, COMMISSIONS, AND COMMITTEES TO APRIL 5, 2022 FOR A PERIOD OF 30 DAYS

WHEREAS, the World Health Organization has declared the COVID-19 outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act; and

WHEREAS, beginning March 2020, California Governor Newsom executed Executive Order N-29-20 including additional updates as the pandemic progressed and extending into 2021. The most recent Executive Order N -08-21, issued June 11, 2021 waived all physical presence requirements under the Ralph M. Brown Act as a means of limiting the spread of COVID-19; and

WHEREAS, Executive Order N-08-21 is set to expire on September 30, 2021. The date was predicted as a time when hopes were that agencies could begin to transition back to public meetings held in full compliance with the Ralph M. Brown Act; and

WHEREAS, on September 16, 2021, California Governor Newsom signed into law Assembly Bill (AB) 361, which extends the authority of public agencies to conduct meetings by teleconference, including video conference, while the state of emergency resulting from the COVID -19 pandemic and accompanying recommendations for social distancing remain in place; and

WHEREAS, on October 5, 2021, City Council adopted Resolu tion No. 2021-147 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on November 2, 2021, City Council adopted Resolution No. 2021-164 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on December 7, 2021, City Council adopted Resolution No. 2021-183 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on January 4, 2022, City Council adopted Resolution No. 2022-01 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on February 1 , 2022, City Council adopted Resolution No. 2022-11 declaring findings to continue to teleconference for an additional 30 days; and

WHEREAS, on March 1, 2022, City Council a dopted Resolution No. 2022 – 31 declaring findings to continue to teleconference for an additional 30 days.

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Resolution No. 2022 –
Page Two

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1 : Makes the findings required by AB 361 to continue teleconference meetings of the Legislative Body and its appoin ted Boards, Commissions, and Committees.

Section 2. Makes the findings that the City of National City meets the requirements to continue holding meeting s remotely in order to ensure the health and safety of its staff and the public.

Section 3. That the City Clerk shall certify t he passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 15th day of March, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor

ATTEST:

_________________________
Luz Molina, City Clerk

APPROVED AS TO FORM:

__________________________
Charles E. Bell Jr., City Attorney
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The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California, approving an agreement between the City of National City and the National City Chamber of Commerce for a not to exceed amount of $50,000 to assist in addressing the negative economic impacts of the pandemic to the National City business community and appropriating $50,000 from the American Rescue Plan Act funds allocated to General Fund offsets for the agreement. (City Manager) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETING DATE: March 15‘ 2022 AGENDA ITEM NO.

ITEM TITLE:

A Resolution of the City Council of the City of National City,California,approving an agreement between the City of National Cityand the NationalCityChamber of Commerce fora not to exceed amount of $50,000 to assistinaddressing the negative economic impacts of the pandemic to the NationalCitybusiness community and appropriating$50,000 from the American Rescue Plan Act funds allocatedto General Fund offsetsforthe agreement.

PREPARED BY: . , 7
DEPARTMENT: C't 99' fﬁce
Megan Gamwell, Community Development Specialist||
APP o ;
PHONE: 619-336-4216 R VED BY
EXPLANATION:

On October 19, 2021 the CityCouncil adopted a spending plan forthe firsthalfofthe American Rescue Plan Act (ARPA) funding.One of the outlinedobjectivesforuse of funds include”responding to the negative economic impacts of the pandemic, including assistance to households, small businesses, and non-profits,and aid to impacted industries."
City Staffisreturningto the City Council with a contractbetween the Cityof NationalCityand the NationalCity Chamber of Commerce to assistinaddressing the negative economic impacts of the pandemic to the National City business community through workforce development, small business development and tourism marketing and attraction.The fullscope of services as outlined in ExhibitA of the agenda packet willbe funded by the City’s ARPA funding that was previously allocated to General Fund offsets.

FINANCIAL STATEMENT: APPROVED: M% Finance
ACCOUNT NO. APPROVED: Mls
Expenditure: General Fund 001—409-000-264-0000 (Non-Departmental Promotional Activities) ENVIRONMENTAL REVIEW:
n/a
ORDINANCE:INTRODUCTION: l FINALADOPTION:E|
STAFFRECOMMENDATION:

Staffrecommends approving the agreement between the City of National City and the National City Chamber of Commerce and appropriatingAmerican Rescue Plan Act funds from the General Fund forthe agreement.

BQARD ICOMMISSION RECOMMENDATION:

N/A
ATTACHMENTS:

1. CityStaffReport

2. Agreement

3. ExhibitA. Scope of Work

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Attachment 1
,tA .
lNcénro- ATE”
CityCouncil StaffReport
March 15, 2022
AGENDA ITEM:

A Resolution of the CityCouncil ofthe Cityof National City,California,approving an agreement between the Cityof NationalCityand the National CityChamber of Commerce for a not to exceed amount of $50,000 to assistin addressing the negative economic impacts of the pandemic to the National Citybusiness community and allocatingand appropriating$50,000 from the American Rescue Plan Act funds for the agreement.

EXPLANATION:

March 20, 2021- During the city’sannual budget workshop the City Council voted to add Economic Development/Recovery Program with the National CityChamber of Commerce to the 2021—2022 budget. Staffwas directedto return to the CityCouncil with a $50,000 proposal and scope of servicesfrom the NationalCityChamber of Commerce.

June 1, 2021— The National City Chamber of Commerce presented a COVlD-19 Economic Recovery Proposal to the CityCouncil.The City Council directed staffto return with a contract.

October 19, 2021- The CityCouncil adopted a spending plan forthe firsthalfof the American Rescue Plan Act (ARPA) funding.One of the outlined objectivesfor use of funds include ”responding to the negativeeconomic impacts of the pandemic, includingassistanceto households, small businesses,and non-proﬁts, and aid to impacted industries."The CityCouncil voted to use ARPA funds to assistinfunding the National CityChamber of Commerce COVID-19 Economic Recovery Proposal.

Citystaffisnow returningto the CityCouncil for approval of a contractwith the National City Chamber of Commerce for a not to exceed amount of $50,000 for marketing, advertising,public relations,technology assistances,and outreach to the businesses and community of National City.The agreement willassistin addressing the negative economic impacts ofthe pandemic to the National Citybusiness community through workforce development, small business development and tourism marketing and attraction.Attached as ExhibitA isthe fullproposed Scope of Services.
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Attachment 2

AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

NATIONAL CITY CHAMBER OF COMMERCE
THIS AGREEMENT isenteredintoon this15thday of March, 2022, by and between the CITY OF NATIONAL CITY, a municipalcorporation(the“CITY”), and NATIONAL CITY CHAMBER OF COMMERCE (the“CONSULTANT”).

RECITALS
WHEREAS, the CITY desiresto employ the CONSULTANT to provide economic development servicesforbusinesseslocatedin the City of NationalCity,California.

WHEREAS, the CITY has determined that the CONSULTANT is a non—proﬁt organizationand isqualifiedby experienceand abilitytoperform theservicesdesiredby theCITY, and the CONSULTANT iswillingto perform such services.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:

1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT and the CONSULTANT agrees to perform the servicesset forth here in accordancewith alltermsand conditionscontainedherein.

The CONSULTANT representsthatallservicesshallbe performed directlyby the CONSULTANT or under directsupervisionof the CONSULTANT.

2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. ThisAgreement will become effectiveon March 15,2022 The durationof thisAgreement isforthe period of March 15,2022 throughMarch 15,2023.Completiondatesortimedurationsforspeciﬁcportionsofthe projectaresetforthinExhibit“A”.

3. SCOPE OF SERVICES. The CONSULTANT Willperform servicesas setforth inthe attachedExhibit“A”.

The CONSULTANT shallbe responsibleforallresearchand reviewsrelatedtothe work and shallnotrelyon personneloftheCITY forsuch services,exceptas authorizedinadvance by theCITY. The CONSULTANT shallappearatmeetingsspeciﬁedinExhibit“A” tokeep staff and City Council advisedof theprogresson theproject.

The CITY may unilaterally,or upon requestfrom the CONSULTANT, from time to time reduce or increasethe Scope of Servicesto be performed by the CONSULTANT under thisAgreement. Upon doing so,the CITY and the CONSULTANT agree to meet in good faith and confef for the purpose of negotiatinga corresponding reduction or increase in the compensationassociatedwith saidchange inservices.

4. PROJECT COORDINATION AND SUPERVISION. City Manager’s Ofﬁce hereby isdesignatedas theProjectCoordinatorfortheCITY and Willmonitor theprogressand 98 of 452
executionofthisAgreement. The CONSULTANT shallassigna singleProjectDirectortoprovide supervisionand have overallresponsibilityforthe progressand executionof thisAgreement for the CONSULTANT. Chad Matkowski Presidentand CEO of the National City Chamber of Commerce hereby isdesignatedas theProjectDirectorforthe CONSULTANT.

5. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shallbe based on monthly billingscoveringactualwork performed.Billingsshall includelaborclassiﬁcations,respectiverates,hours worked and alsomaterials,ifany. The total costforallwork describedin Exhibit“A” shallnot exceed the ratessetforthin Exhibit“A”.

Monthly invoiceswillbe processedforpayment and remittedWithinthirty(30)days from receipt of invoice,providedthatwork isaccomplishedconsistentwith Exhibit“A”, as determinedby the CITY.

The CONSULTANT shallmaintain allbooks, documents, papers,employee time sheets,accountingrecords,and otherevidence pertainingto costsincurred,and shallmake such materialsavailableatitsofﬁce atallreasonabletimes during the term of thisAgreement and for three(3)years from the dateof ﬁnal payment under thisAgreement, forinspectionby the CITY, and forfurnishingof copiesto the CITY, ifrequested.

6. ACCEPTABILITY OF WORK. The CITY shalldecide any and allquestions which may ariseas to the qualityor acceptabilityof the servicesperformed and the manner of performance,the acceptablecompletion of thisAgreement, and the amount of compensation due.

In the event the CONSULTANT and the CITY cannot agree to the qualityor acceptabilityof the work, themanner of performance and/orthecompensation payable to theCONSULTANT inthis Agreement, theCITY or theCONSULTANT shallgivetotheotherwrittennotice.Within ten(10) businessdays,theCONSULTANT and the CITY shalleach preparea reportWhich supportstheir positionand ﬁle the same With the other party.The CITY shall,With reasonable diligence, determine the qualityor acceptabilityof the work, the manner of performance and/or the compensation payable to the CONSULTANT.

7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Speciﬁcations, and other documents prepared by the CONSULTANT forthisproject,whether paper or electronic,shall:(1)be freefrom defects;(2) become thepropertyof the CITY foruse With respectto thisproject;and (3)shallbe turnedover to the CITY upon completion of the project,or any phase thereof,as contemplated by this Agreement.

Contemporaneously with the transferof documents, the CONSULTANT hereby assignsto the CITY, and CONSULTANT hereby expresslywaives and disclaimsany copyright in,and the rightto reproduce, allwrittenmaterial,drawings, plans,speciﬁcations,or other work prepared under this Agreement, except upon the CITYls prior authorizationregarding reproduction,which authorizationshallnot be unreasonablywithheld.The CONSULTANT shall, upon requestof the CITY, execute any furtherdocument(s) necessaryto furthereffectuatethis waiverand disclaimer.

The CONSULTANT agreesthatthe CITY may use,reuse,alter,reproduce,modify, assign,transfer,or in any other way, medium, or method utilizethe CONSULTANT’S written work productfortheCITY’S purposes,and the CONSULTANT expresslywaives and disclaims any residualrightsgranted to itby CivilCode Sections980 through 989 relatingto intellectual propertyand artisticworks. '
StandardAgreement Page 2 0f 12 CityofNationalCityand
RevisedJanuary2021 NationalCityChamber ofCommerce
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Any modiﬁcation or reuseby the CITY of documents, drawings,or speciﬁcations preparedby theCONSULTANT shallrelievetheCONSULTANT from liabilityunder Section14, but only With respectto the effectof themodiﬁcation or reuseby the CITY, or forany liabilityto the CITY should the documents be used by the CITY for some projectother than What was expresslyagreed upon Within the Scope of Servicesof thisproject,unless otherwisemutually agreed.

8. INDEPENDENT CONTRACTOR. Both partiesheretoin the performance of thisAgreement willbe actingin an independentcapacityand not as agents,employees, partners, or joint venturerswith one another.Neither the CONSULTANT nor the CONSULTANT’s employees are employees of the CITY, and are not entitledto any of the rights,beneﬁts, or privilegesof the CITY’S employees, includingbut not limitedto retirement,medical,unemploy- ment, or Workers’rcompensation insurance.

This Agreement contemplatesthepersonalservicesof theCONSULTANT and theCONSULTANT’S employees, and itisrecognizedby thepartiesthata substantialinducement to the CITY for enteringinto thisAgreement was, and is,the professionalreputationand competence of the CONSULTANT and itsemployees. NeitherthisAgreement, nor any interest herein,may be assignedby the CONSULTANT Without the priorwrittenconsent of the CITY.

Nothing hereincontainedisintendedto preventthe CONSULTANT from employing or hiringas many employees, or subcontractors,as the CONSULTANT may deem necessaryforthe proper and efﬁcient performance of this Agreement. All agreements by CONSULTANT With its subcontractor(s)shallrequire the subcontract0r(s)to adhere to the applicableterms of this Agreement.

9. CONTROL. Neitherthe CITY, nor itsofﬁcers,agents,or employees shallhave any controlover the conduct of the CONSULTANT or any of the CONSULTANT’S employees, except as set forthin thisAgreement. The CONSULTANT, or the CONSULTANT’S agents, servants,or employees are not in any manner agents,servants,or employees of the CITY. The CONSULTANT and itsagents,servants,and employees arewholly independent from the CITY and CONSULTANT’s obligationsto the CITY aresolelyprescribedby thisAgreement.

10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT in the performance of theservicestobe providedherein,shallcomply with allapplicablestateand federal statutesand regulations,and allapplicableordinances,rules,and regulationsof the City of NationalCity,Whether now inforceor subsequentlyenacted.The CONSULTANT and each of its subcontractors,shallobtainand maintain a currentCity of NationalCitybusinesslicensepriorto and duringperformance of any work pursuantto thisAgreement.

11. LICENSES:| PERMITS, ETC. The CONSULTANT representsand covenants thatithas alllicenses,permits,qualiﬁcations,and approvalsof whatever naturethatare legally requiredto practiceitsprofession.CONSULTANTmust promptly produce a copy of any such license,permit,or approvalto CITY upon request.The CONSULTANTrepresents and covenants thatthe CONSULTANTshall, atitssolecostand expense,keep in effectatalltimesduringthe term of thisAgreement, any license,permit, or approval Which is legallyrequired for the CONSULTANTto practiceitsprofession.

12. STANDARD OF CARE.

StandardAgreement Page 3 Of 12 > Cityof NationalCityand RevisedJanuary2021 NationalCityChamber ofCommerce
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A. The FOUNDATION, in performing any servicesunder thisAgreement, shallperform in a manner consistentwith thatlevelof care and skillordinarilyexercisedby members of the FOUNDATION’S trade or profession currentlypracticingunder similar conditions and in similar locations.The CONSULTANTshall take all specialprecautions necessaryto protectthe FOUNDATION’S employees and members of the publicfrom riskof harm arisingout of thenatureof thework and/orthe conditionsof thework site.

B. Unless disclosedin writing prior to the date of this Agreement, the CONSULTANTwarrants t0 theCITY thatitisnot now, nor has itfortheﬁve (5)yearspreceding, been debarredby a governmental agency or involvedin debarment, arbitrationor litigation proceedings concerning the FOUNDATION’S professionalperformance or the furnishingof materialsor servicesrelatingthereto.

C. The CONSULTANTis responsiblefor identifyingany unique products, treatments,processesor materialsWhose availabilityiscriticalto the success of the projectthe CONSULTANThas been retainedtoperform,Withinthetime requirementsof theCITY, 01',When no time is speciﬁed, then Within a commercially reasonable time. Accordingly, unless the CONSULTANThas notifiedthe CITY otherwise,the CONSULTANTwarrants thatallproducts, materials,processesor treatmentsidentiﬁedin the projectdocuments prepared forthe CITY are reasonablycommercially available.Any failureby the CONSULTANTto use due diligenceunder thissub—sectionWillrender the CONSULTANTliable to the CITY for any increasedcoststhat resultfrom the CITY’S laterinabilityto obtainthe speciﬁed items or any reasonablesubstitute within a pricerange thatallows forprojectcompletion in the time frame speciﬁed or,when not speciﬁed,then withina commercially reasonabletime.

13. NON-DISCRIMINATION PROVISIONS. The CONSULTANTshall not discriminateagainstany employee or applicantfor employment because of age, race,color, ancestry,religion,sex, sexual orientation,maritalstatus,nationalorigin,physicalhandicap,or medical condition.The CONSULTANTWill take positiveactionto insurethat applicantsare employed Withoutregardtotheirage,race,color,ancestry,religion,sex,sexualorientation,marital status,nationalorigin,physicalhandicap,or medical condition.Such actionshallincludebut not be limitedtothefollowing:employment, up grading,demotion,transfer,recruitmentorrecruitment advertising,layoffor termination,ratesof pay or otherforms of compensation, and selectionfor training,including apprenticeship.The CONSULTANTagrees to post in conspicuous places availableto employees and applicantsforemployment any noticesprovided by the CITY setting foiththeprovisionsof thisnondiscriminationclause.

14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANTcertain conﬁdential information to enable the CONSULTANTto effectively perform the services to be provided herein. The CONSULTANTshall treatallsuch informationas conﬁdential and shallnot discloseany part thereofWithout thepriorwrittenconsentof the CITY. The CONSULTANTshall limittheuse and circulationof such information,even Within itsown organization,to the extentnecessary to perform theservicestobe providedherein.The foregoingobligationofthisSection14,however, shallnot apply to any part of the informationthat(i)has been disclosedin publiclyavailable sources of information; (ii)is,through no faultof the FOUNDATION, hereafterdisclosed in publicly available sources of information; (iii)is already in the possession of the CONSULTANTWithout any obligationof conﬁdentiality;or (iv)has been or ishereafterrightfully StandardAgreement Page 4 Of 12 CityofNationnlCityand
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disclosedto the CONSULTANTby a thirdparty,but only to theextentthattheuse or disclosure thereofhas been or isrightfullyauthorizedby thatthirdparty.

The CONSULTANTshall not discloseany reports,recommendations, conclusions or otherresultsof the servicesor theexistenceof the subjectmatterof thisAgreement withoutthe priorwrittenconsentof theCITY. In itsperformance hereunder,theCONSULTANTshall comply With alllegalobligationsitmay now or hereafterhave respectingtheinformationor otherproperty of any otherperson,ﬁrm or corporation.

CONSULTANTshall be liableto CITY forany damages caused by breach of this condition,pursuantto theprovisionsof Section15.

15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, the CONSULTANTagrees to defend,indemnify and hold harmless the City of National City,itsofﬁcers,ofﬁcials,agents,employees, and volunteersagainstand from any and allliability,loss,damages toproperty,injuriesto,or deathof any personor persons,and allClaims, demands, suits,actions,proceedings,reasonableattorneys”fees,and defensecosts,of any kind or nature,includingworkers’ compensation claims,of or by anyone Whomsoever, resultingfrom or arisingout of the FOUNDATION’S performance or other obligationsunder thisAgreement; provided,‘however,thatthisindemniﬁcation and hold harmless shallnot includeany claims or liabilityarisingfrom theestablishedsolenegligenceor willfulmisconduct of theCITY, itsagents, ofﬁcers,employees 01'volunteers.CITY Willcooperatereasonablyin the defense of any action, and CONSULTANTshall employ competentcounsel,reasonablyacceptabletotheCityAttorney.

The indemnity, defense, and hold harmless obligationscontained herein shall survivethe terminationof thisAgreement forany allegedor actualomission,act,or negligence under thisAgreement thatoccurredduringtheterm ofthisAgreement.

16. EMPLOYEE PAYMENTS AND INDEMNIFICATION.

16.1 PERS EligibilityIndemniﬁcation. If FOUNDATION’s employee(s) providing servicesunder thisAgreement claims,or isdeterminedby a courtof competent jurisdictionor the CaliforniaPublicEmployees Retirement System (“PERS”) to be eligibleforenrollmentin PERS of the CITY, CONSULTANTshall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributionsforPERS beneﬁts on behalfof the employee aswell as forpayment of any penaltiesand intereston such contributionswhich would otherwisebe the responsibilityof the CITY.

FOUNDATION’S employees providingserviceunder thisAgreement shallnot:(1) qualifyforany compensation and beneﬁt under PERS; (2)be entitledto any beneﬁts under PERS; (3)enrollinPERS as an employee of CITY; (4)receiveany employer contributionspaid by CITY forPERS beneﬁts;or (5)be entitledtoany otherPERS-relatedbeneﬁt thatwould accrueto a CITY employee. FOUNDATION’S employees hereby waive any claims to beneﬁts or compensation describedinthisSection16.This Section16 appliesto CONSULTANTnotwithstanding any other agency, stateor federalpolicy,rule,regulation,law or ordinancetothe contrary.

16.2 Limitationof CITY Liability.The payment made to CONSULTANTunder this Agreement shall be the full and complete compensation to Which CONSULTANTand FOUNDATION’s ofﬁcers,employees, agents,and subcontractorsareentitledforperformance of any work under this Agreement. Neither CONSULTANTnor FOUNDATION’S ofﬁcers, StandardAgreement Page 5 Of 12 CityofNationalCityandRevised January2021 NationalCity Chamber of Commerce 102 of 452
employees, agents,and subcontractorsare entitledto any salaryor wages, or retirement,health, leaveor otherfringebeneﬁts applicableto CITY employees. The CITY Willnot make any federal or statetaxwithholdingson behalfof FOUNDATION. The CITY shallnot be requiredtopay any workers’ compensation insuranceon behalfof FOUNDATION.

16.3 Indemniﬁcation for Employee Payments. CONSULTANTagrees to defend and indemnify the CITY for any obligation,claim,suit,or demand fortax,retirementcontribution including any contributionto PERS, socialsecurity,salaryor wages, overtime payment, or workers’ compensation payment which the CITY may be requiredto make on behalf of (l) FOUNDATION, (2) any employee of FOUNDATION, or (3) any employee of CONSULTANTconstrued to be an employee of the CITY, for work performed under this Agreement. This isa continuingobligationthatsurvivestheterminationof thisAgreement.

17. WORKERS’ COMPENSATION. The CONSULTANTshall comply with allof theprovisionsof theWorkers’ Compensation Insuranceand SafetyActs of the Stateof California, the applicableprovisionsof Division4 and 5 of the CaliforniaLabor Code and allamendments thereto;and allsimilarStateor federalactsor laws applicable;and shallindemnify, and hold harmless the CITY and itsofﬁcers, employees, and volunteersfrom and againstallclaims, demands, payments, suits,actions,proceedings,and judgments of every natureand description, includingreasonableattorney’sfeesand defensecostspresented,brought or recoveredagainstthe CITY or itsofﬁcers,employees, or volunteers,foror on account of any liabilityunder any of said actsWhich may be incurredby reason of any work to be performed by the CONSULTANTunder thisAgreement.

18. INSURANCE. The FOUNDATION, at itssolecostand expense,shallpurchase and maintain,and shal requireitssubcontractor(s),when applicable,to purchase and maintain throughouttheterm of thisAgreement, the followinginsurancepolicies:

A. Ifchecked,ProfessionalLiabilityInsurance(errorsand omissions) with minimum limitsof 1,000,000 per occurrence.

B. Automobile Insurance covering allbodily injuryand property damage incurredduring the performance of thisAgreement, With a minimum coverage of $1,000,000 combined singlelimitper accident.Such automobile insuranceshallincludeowned, non—owned, and hired vehicles.The policy shallname the CITY and itsofﬁcers,agents,employees, and volunteersas additionalinsureds,and a separateadditionalinsuredendorsement shallbe provided C. .Commercial General LiabilityInsurance, with minimum limitsof either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregatewith a $2,000,000 umbrella policy,coveringallbodilyinjuryand property damage arisingout of itsoperations,work, or performance under thisAgreement. The policyshall name the CITY and itsofﬁcers, agents,employees, and volunteersas additionalinsureds,and a separateadditionalinsuredendorsement shallbe provided.The generalaggregatelimitmust apply solelyto this“project”or “location”.The “project”or “location”shouldbe noted with speciﬁcity on an endorsement thatshallbe incorporatedintothepolicy.

D. Workers’ Compensation Insurance in an amount sufﬁcient to meet statutoryrequirements covering all of F OUNDATION’s employees and employers’ liability insuranceWith limitsof atleast$1,000,000 per accident.In addition,thepolicyshallbe endorsed with a waiver of subrogationin favorof the CITY. Said endorsement shallbe providedpriorto commencement of work under thisAgreement.

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If CONSULTANThas no employees subjectto the CaliforniaWorkers’ Compensation and Labor laws, CONSULTANTshall execute a Declarationto thateffect.Said Declarationshallbe providedtoCONSULTANTby CITY.

E. The aforesaidpoliciesshallconstituteprimary insuranceas to theCITY, its ofﬁcers,ofﬁcials,employees, and volunteers,so thatany otherpoliciesheld by theCITY shallnot contributeto any lossunder saidinsurance.Said policiesshallprovide forthirty(30) days prior written notice to the CITY’S Risk Manager, at the address listedin subsection G below, of cancellationor materialchange. ,
F. Ifrequiredinsurancecoverage isprovided on a “claims made” ratherthan “occurrence”form, the CONSULTANTshall maintainsuch insurancecoverage forthreeyears afterexpirationof the term (and any extensions)of thisAgreement. In addition,the “retro”date must be on or beforethe dateof thisAgreement.

G. The CertiﬁcateHolder forallpoliciesof insurancerequiredby thisSection shallbe:

City of NationalCity
c/oRisk Manager
1243 NationalCity Boulevard
NationalCity,CA 91950—4397
H. Insuranceshallbe writtenWith only insurersauthorizedto conductbusiness in Californiathathold a currentpolicyholder’salphabeticand ﬁnancialsizecategoryratingof not lessthanA:VII accordingtothecurrentBest’sKey Rating Guide, or a company of equalﬁnancial stabilitythatisapproved by the CITY’S Risk Manager. In theevent coverage isprovided by non— admitted “surpluslines”carriers,they must be included on the most recentList of Approved SurplusLine Insurers(“LASLI”) and otherwisemeet ratingrequirements.

I. This Agreement shallnot take effectuntilcertiﬁcate(s)or othersufﬁcient proof thattheseinsuranceprovisionshave been complied With,areﬁled with and approved by the CITY’S Risk Manager. IftheCONSULTANTdoes notkeep allinsurancepoliciesrequiredby this Section 18 in fullforceand effectat alltimes during the term of thisAgreement, the CITY may treatthefailuretomaintaintherequisiteinsuranceas a breach of thisAgreement and terminatethe Agreement asprovidedherein.

J. A11 deductibles and self—insuredretentionsin excess of $10,000 must be disclosedto and approved by the CITY. CITY reservesthe right to modify the insurance requirementsof thisSection18,includinglimits,based on thenatureof therisk,priorexperience, insurer,coverage,or otherspecialcircumstances.

K. IftheCONSULTANTmaintains broadercoverage or higherlimits(orboth) thantheminimum limitsshown above,theCITY shallbe entitledtothebroadercoverage orhigher limits(orboth)maintainedby theFOUNDATION. Any availableinsuranceproceeds in excessof thespeciﬁedminimum limitsof insuranceand coverageshallbe availabletotheCITY.

19. LEGAL FEES. Ifany‘partybringsa suitor actionagainstthe otherpartyarising from any breach of any of the covenants or agreements or any inaccuraciesin any of the representationsand warrantieson thepartof theotherpartyarisingout of thisAgreement, then in thatevent,theprevailingpartyin such actionor dispute,whether by ﬁnaljudgment or out—of—court settlement,shallbe entitledto have and recoverof and from theotherpartyallcostsand expenses of suit,includingattorneys’fees.
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For purposes of determiningwho isto be consideredthe prevailingparty,itisstipulated that attorney’sfees incurred in the prosecutionor defense of the action or suitshallnot be consideredin determiningthe amount of thejudgment or award. Attorney’sfeesto theprevailing partyifotherthan the CITY shall,in addition,be limitedto theamount of attorney’sfeesincurred by the CITY in itsprosecutionor defense of the action,irrespectiveof the actualamount of attorneysfeesincurredby the prevailingparty.

20. TERMINATION.

A. This Agreement may be terminatedwith or without cause by the CITY.

Termination Without cause shall be effectiveonly upon 60-day’s'written notice to the FOUNDATION. During said 60—day period the CONSULTANTshall perform allservicesin accordance with thisAgreement.

B. This Agreement may alsobe terminatedimmediatelyby theCITY forcause in the event of a materialbreach of thisAgreement, misrepresentationby the CONSULTANTin connectionWith the formationof thisAgreement or theperformance of services,or the failureto perform servicesas directedby the CITY.

C. Termination with or without cause shallbe effectedby deliveryof written Notice of Termination to the CONSULTANTas provided forherein D. In the event of termination,allﬁnished or unﬁnished Memoranda Reports, Maps, Drawings, Plans,Speciﬁcationsand other documents prepared by the FOUNDATION, Whether paper or electronic,shallimmediately become the propertyof and be deliveredto the CITY, and theCONSULTANTshall be entitledto receivejustand equitablecompensation forany work satisfactorilycompleted on such documents and othermaterialsup to the effectivedate of the Notice of Termination,not to exceed the amounts payable hereunder,and lessany damages caused the CITY by the FOUNDATION’S breach,ifany. Thereafter,ownership of saidwritten materialshallvestin the CITY allrightssetforthin Section7.

E. The CITY further reserves the right to immediately terminate this Agreement upon: (1)the ﬁling of a petitionin bankruptcy affectingthe FOUNDATION; (2)a reorganizationof the CONSULTANTfor thebeneﬁt of creditors;or (3)a businessreorganization, change in businessname or change inbusinessstatusof theFOUNDATION.

21. NOTICES. All noticesor othercommunications requiredor permittedhereunder shallbe in writing,and shallbe personallydelivered;or sentby overnightmail (FederalExpress or the like);or sentby registeredor certiﬁedmail,postage prepaid,returnreceiptrequested;or sentby ordinarymail,postage prepaid;or telegraphedor cabled;or deliveredor sentby telex, telecopy,facsimileor fax; and shallbe deemed received upon the earlierof (i)ifpersonally delivered,the date of deliveryto the addressof the person to receivesuch notice,(ii)ifsentby overnightmail,thebusinessday followingitsdepositinsuch overnightmail facility,(iii)ifmailed by registered,certiﬁedor ordinarymail,ﬁve (5)days (ten(10) days ifthe addressisoutsidethe Stateof California)afterthe date of depositin a post ofﬁce, mailbox, mail chute,or otherlike facilityregularlymaintainedby theUnited StatesPostalService,(iV)ifgivenby telegraphor cable, when deliveredto the telegraphcompany with chargesprepaid,or (V)ifgiven by telex,telecopy, facsimileor fax,when sent. Any notice,request,demand, directionor other communication deliveredor sentas speciﬁed above shallbe directedto thefollowingpersons:

To CITY: Tony Winney
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AssistantCityManager
Ofﬁce ofthe CityManager
City of NationalCity
1243 NationalCity Boulevard
NationalCity,CA 91950-4397
T o FOUNDATION:

Chad Matlcowski
Presidentand CEO
NationalCity Chamber of Commerce
City Of NationalCity
901 NationalCityBoulevard
NationalCity,CA 91950—4397
Notice ofchange of addressshallbe givenby writtennoticeinthemanner speciﬁed in thisSection.Rejectionor otherrefusalto acceptor the inabilityto deliverbecause of changed addressof which no noticewas givenshallbe deemed to constitutereceiptof thenotice,demand, requestor communication sent.Any notice,request,demand, directionor othercommunication sentby cable,telex,telecopy,facsimileor fax must be conﬁrmed withinforty-eight(48)hours by lettermailed or deliveredas speciﬁed in thisSection,

22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of thisAgreement, the CONSULTANTshall not perform 'servicesof any kind forany person or entitywhose interestsconﬂictin any way with thoseof the City of National City.The CONSULTANTalso agrees not to specifyany product,treatment, process or materialforthe projectin which the CONSULTANThas a materialﬁnancial interest, eitherdirector indirect,without ﬁrstnotifyingtheCITY of thatfact.The CONSULTANTshall at alltimes comply with the terms of the PoliticalReform Act and the National City Conﬂict of InterestCode. The CONSULTANTshall immediately disqualifyitselfand shallnot use itsofﬁcial position to inﬂuence in any way any matter coming before the CITY in which the CONSULTANThas a ﬁnancial interestas deﬁned in Government Code Section 87103. The CONSULTANTrepresents thatithas no knowledge of any ﬁnancialintereststhatwould requireit to disqualifyitselffrom any matteron which itmight perform servicesforthe CITY, If checked, the CONSULTANTshall comply with all of the reporting requirements of the PoliticalReform Act and the National City Conﬂict of InterestCode.

Speciﬁcally,the CONSULTANTshall ﬁle a Statementof Economic Interestswith the City Clerk of the City of National City in a timelymanner on forms which the CONSULTANTshall obtain from the City Clerk. .

The CONSULTANTshall be strictlyliableto the CITY foralldamages, costsor expenses theCITY may sufferby virtueof any Violationof thisSection22 by theFOUNDATION.

23. PREVAILING WAGES. State prevailingwage rates may apply to work performed under thisAgreement. Stateprevailingwages ratesapply to allpublicworks contracts as setforthin CaliforniaLabor Code, includingbut not limitedto,Sections1720, 1720.2,1720.3, 1720.4,and 1771.CONSULTANTis solelyresponsibleto determineifStateprevailingwage rates StandardAgreement Page 9 0f 12 CityofNationnlCityand
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apply and, if applicable,pay such ratesin accordance With alllaws, ordinances,rules,and regulations.

24. ADMINISTRATIVE PROVISIONS.

A. Computation of Time Periods. Ifany date or time period provided forin thisAgreement isor ends on a Saturday,Sunday 01‘federal,stateor legalholiday,then such date shallautomaticallybe extended until5:00 pm. Paciﬁc Time of the next day Which is not a Saturday,Sunday or federal,state,01'legalholiday.

B. Counterparts, This Agreement may be executed in multiplecounterparts, each of which shallbe deemed an original,but allof Which, together,shallconstitutebut one and the same instrument.
- C. Captions Any captionsto,or headings of,the sectionsor subsectionsof this Agreement are solely for the convenience of the partieshereto,are not a part of this Agreement, and shallnot be used for the interpretationor determinationof the validityof this Agreement or any provisionhereof.

D. No Obligationsto ThirdParties.Except as otherwiseexpresslyprovided herein,theexecutionand deliveryof thisAgreement shallnotbe deemed toconferany rightsupon, or obligateany of thepartieshereto,to any person or entityotherthan thepartieshereto.

E. Exhibitsand Schedules. The Exhibitsand Schedulesattachedheretoare herebyincorporatedhereinby thisreferenceforallpurposes.To theextentany exhibits,schedules, or provisionsthereofconﬂict or are inconsistentWith the terms and conditionscontainedin this Agreement, thetermsand conditionsofthisAgreement shallcontrol.

Fl Amendment tothisAgreement. The terms ofthisAgreement may notbe modiﬁed or amended exceptby an instrumentin writingexecutedby each of thepartieshereto.

G. Assignment & Assumption of Rights. CONSULTANTshall not assignthis Agreement, in whole or in part,to any otherpartywithout ﬁrst obtainingthe writtenconsent of CITY.

H. Waiver. The waiver or failureto enforceany provisionof thisAgreement shallnot operateas a waiver of any futurebreach of any such provisionor any otherprovision hereof.

I. Applicable Law. This Agreement shallbe governed by and construedin accordance With the laws of the Stateof California.The venue forany legalactionarisingunder thisAgreement shallbe in eitherstateor federalcourt in the County of San Diego, Stateof California.

J. Audit. IfthisAgreement exceedsten-thousanddollars($10,000),theparties shallbe subjectto the examination and auditof the StateAuditor fora period of three(3)years afterﬁnal payment under theAgreement, per Government Code Section8546.7.

K. Entire Agreement. This Agreement supersedes any prior agreements, negotiationsand communications, oralor written,and containsthe entireagreement between the partiesas to the subjectmatterhereof.N0 subsequentagreement,representation,or promise made by eitherpartyhereto,or by or to an employee, ofﬁcer,agentor representativeof any partyhereto shallbe of any effectunlessitisin writingand executedby thepartytobe bound thereby.

L. Successors and Assigns. This Agreement shallbe binding upon and shall inureto thebeneﬁt of the successorsand assigns0f thepartieshereto.

M. Subcontractors0r Subcansultams,The CITY isengaging theservicesofthe CONSULTANTidentiﬁed in this Agreement. The CONSULTANTshall not subcontractany portionof thework, unlesssuch subcontractingwas partof the originalproposalor isallowed by StandardAgreement Page 10 Of 12 CityofNalionalCityand
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the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement.

N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rnle or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written.

CITY OF NATIONAL CITY
By:

Alejandra Sotelo Solis, Mayor
APPROVED AS TO FORM:

By:

Charles E. Bell Jr.

City Attorney
Standard Agreement
Revised January 2021

NATIONAL CITY CHAMBER

FOUNDATION
(Corporation - signatures of two corporate officers req111red) (Partnership or Sole proprietorship - one signature)
By� (Name)

Page 11 of 12 ends

C.A"-)_ )A.l)tf-kcw�k/
(Print)
P1t�1l·n� t CEO
(Title)
(Print)
�/ddf/V
(Title)
City of National City and
National City Chamber of Commerce
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Attachment 3
National City Chamber of Commerce – Scope of Work

EXHIBIT A

SCOPE OF WORK
National City Chamber of Commerce Economic Development Partnership with National City Introduction
National City Chamber of Commerce (NCCC or The Chamber) is pleased to provide this Scope of Work to the City of National City (City) for marketing, advertising, public relations, technology assistances, and outreach to the businesses and community of National City. The agreement has two sections, Economic Development Opportunities (Section 1) and a DiscoverNationalCity.org based approach leveraging the newly developed website (Section 2). All scheduled items below assume a funding start period of March 2022.

Background and Findings
During the 2020/2021 pandemic years small businesses in the service industry were heavily hit in National City. With National City having about 250 restaurants. The average National City restaurant establishment employs 8 people and about 65% of them being minority owned. The NCCC is focused on helping these service-based industries recover. This is an opportune time for such promotions and programs with the Market on 8th Street and Parco giving National City so much attention.

National City has recovered well from COVID-19, but the effects of the pandemic and shutdowns are still on going. In the below proposal to the city, the NCCC is focusing on helping with economic recovery efforts through education, technology development, promotions, and programs the NCCCC can help improve these conditions for our local service establishment.

Currently the biggest needs in our community are aid, education, and resources. The national average for restaurants to have an online presence is 68.5%. Currently with the development of DiscoverNationalCity.org the NCCC has discovered that only 39% of restaurants have a controlled online presence. Many of our local establishments do not have the technical knowledge to even be found on Google, Yelp, or Bing.

During the pandemic, the NCCC helped connect many businesses to funding resources such as the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) program to help its members continue owning and operating local businesses. With resources being stretched so thin our local businesses have not been able to invest in advertising and promotion opportunities. Instead, primarily focusing resource on payroll and other essential operations for their businesses. The NCCC hopes to partner with the city to promote these industries across the city drawing in more business into the city.
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Attachment 3
National City Chamber of Commerce – Scope of Work
Section 1
Economic Development
The NCCC is dedicated to helping National City businesses and the local economy rebound from the COVID pandemic and return to even stronger growth. The two below items work in concert with the city’s current efforts and will provide both the city and the residents of National City additional resources.

Approach
 Task 1: Directory and Technology Assistance to National City businesses.  Task 2: Live and work local.

Approach
Task 1: Directory and Technology Assistance to National City Businesses The Chamber is working to collect information for National City to provide the city and residents a directory of National City businesses. The below items would be in addition to the creation of this directory. The NCCC would then provide hardcopies to be able to give to residents upon request.

The city will also be provided 4 pages to share any information it wishes to promote about National City.

The city will also be provided the most relevant and up to date demographics for the city. These will be found on two additional pages.

NCCC proposes the following approach for DiscoverNationalCity.org, National City Directory (hard copy), and NationalCityChamber.org:
a. Review all business licenses for National City.
a. Review National City business license list compared to list of businesses compiled by the NCCC for the Chamber Directory and DiscoverNationalCity.org. Should any business license not be up to date or missing the Chamber will provide the following:

1. Provide company with the correct information to apply for a license.

2. Should company not follow up, Chamber will notify the city of the discrepancy for them to follow up on.
b. Educate local businesses on the importance of ensuring their information online is accurate. c. Assess businesses with missing information and their technological capabilities then:
a. Connect to proper resources
b. Apply to the NCCC website development program
d. If business needs additional resources they will be referred to the NCCC Business Resource Consultation (BRC) program. This will include:
a. Technology Assessment
b. Energy Assessment and referrals to SDG&E programs
c. Online resources to promote business
d. Social media strategy review
e. Provide a free website for the business with three months of hosting (For qualifying businesses only as this is covered by a separate grant) f. Access to online workshops
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Attachment 3
National City Chamber of Commerce – Scope of Work
Goals:
- To help city ensure all operating businesses have a valid license to operate within the city. - To help make sure that all National City businesses can be found online and have a minimal web presence.
- To work with the city to promote proper licensing.
- City will be provided copies of the National City Business Directory.

Timeline:
- Directory will be published fall 2022
o This will include the business permit and license component. - BRC will be an ongoing project over 2 years to reach out to over 375 local businesses.

Task 2: Live and Work Local
Working with the city to help promote living and working local, the NCCC would like to propose the following program open to all National City business.
a. Create on NationalCityChamber.org website which would be a space for local businesses to post openings for local positions for free.
a. Encourage all local business to post online.
b. Chamber reaches out to members and non-members to post online. b. Resume an in person Annual Career’s Pathway to success job fair, include a virtual component for job seekers to utilize.
c. Promote a “Finding a job locally” campaign.
a. Leverage use of freeway signs
b. Digital marketing.
c. Linking with current job search websites.
d. Track the job categories below and provide report to the city:
a. Report total number of job postings for each quarter including i. Number of minimum wage jobs.
ii. Number of jobs that meet the agreed upon “living wage” mark. iii. Number of jobs that include paid training.
b. Turnover of jobs posted on the website.
c. Track ratio of locals and non-locals utilizing website.

Goals:
- Post over 100 jobs that can be found local within National City each quarter. - Receive 10,000 hits on job searching website on NationalCityChamber.org Timeline:
- First round of jobs will be posted by the end of the 2nd month after funding. - Quarterly reports on the above tracked items will be reported 1 month after the close of that quarter.
- An annual presentation will be made upon the city’s request on what the NCCC has seen in trends within the city on searched job postings.
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Attachment 3
National City Chamber of Commerce – Scope of Work
Section 2
DiscoverNationalCity.org
The overall goal for the DiscoverNationalCity.org website is to increase and promote recreation, tourism, restaurant, and retail industries in National City. Below are simple measurable goals for the website.

These goals will be further defined with the creation and consultation of a Tourism and Marketing Committee that will be created and hosted by the National City Chamber of Commerce. Additional tasks and goals are worked into the “Approach” Section.

Major Goals and Metrics for DiscoverNationalCity.org annually for 2022/2023:

1. Aid Restaurants, Retail, and Hotels recover from pandemic related issues.

2. Increase traffic to hotelier websites by 20,000 hits.

3. Increase traffic to local restaurants by 50,000 hits.

4. Increase traffic to local retailers by 20,000 hits.

5. Increase traffic for events by 20,000 hits.

6. Create and execute a shop local promotion.

7. Create and execute a local restaurant week.

8. Create a sustainable model that will support:
o Expansion
o Increase Impact and continual marketing
o Fund expansion for an App
o Maintain and update content
Proposal Outline of Tasks to Be Completed:
 Task 1 – Creation of a Marketing and Tourism Committee  Task 2 – Comprehensive Strategy Plan
 Task 3 – Manage, promote, and updated discovernationalcity.org  Task 4 – Search Engine Optimization (SEO)
 Task 5 – Social media
 Task 6 – Local Event Promotions for City and Resource for Residents Project Tasks, Goals, and Completion Dates:

Task 1: Creation of a Marketing and Tourism Committee:

The goal of the Marketing and Tourism committee is to provide guidance, direction, feedback, and cooperation for the goals for the DiscoverNationalCity.org website and other local programs to boost and promote the served industries with the website. The Marketing and Tourism committee in its inaugural meetings will review the overarching goals described above; create a needs analysis for National City and will give guidance and review the comprehensive strategy described in task two.

Meeting will meet monthly during its foundation stage for 1 year. The committee will then review schedules at the end of 2022 and propose a new schedule for 2023. Founding committee members will discuss the schedule for these monthly meetings. First meeting will be held in March or the month after funding is approved by City Council.
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Attachment 3
National City Chamber of Commerce – Scope of Work
Tourism committee of at least 10 members consisting of at least one representative from:
a. City of National City
b. Retail
c. Hotels
d. Food Service
Goals for Committee:
- Create, plan and execute strategies and plans to increase tourism and bring in new business to National City.
- Boost attendance at all National City events.
o Increase attendance from participants that live outside of National City. - Report and issue recommendations to the Economic Development Committee. This is to create a consensus among all National City business and give a forum to give updates to City representatives.
- Supervise, support, and consult on the newly proposed restaurant week (see task 6 for more details)
- Supervise, support, and consult the shop local initiatives (see task 6 for more details) Timelines:
- Creation of Committee and first meeting by March 31, 2022. o Create schedule of meeting and publish on NCCC website. - Goals of committee are finalized and reported to NCCC board by April 19, 2022. - Presentation of recommendations and strategies for Marketing and Tourism to Economic Development Committee by May 5, 2022. Details will be reported and collected from Comprehensive Strategy (Task 2).
- Plan and execute proposed programs:
o Local Restaurant Week: By end of August 2022
o Shop Local Initiatives: From November 2022 – December 2022 Task 2: Comprehensive Strategy Plan for website
Under the guidance of the Marketing and Tourism Committee the NCCC will create a comprehensive strategy with additional metrics and goals based on the needs of the community. This strategy and goals will be approved by The Chamber Board of Directors, Economic Development Committee, and will be reported to the city.

NCCC proposes the following approach:
a. Conduct area/business/partner research/SEO Analysis
i) Metrics to be collected for SEO analysis
(1) Where are people searching from?
(2) What people are searching for in National City?
(3) Demographics of people searching in National City.
(4) What are the most relevant searches for National City? (5) Tourism and Recreation SWOT Analysis.
(6) Create list of top websites displaying marketing and tourism information for city. 113 of 452
Attachment 3
National City Chamber of Commerce – Scope of Work
Goals:
- Create a strategy that drives participants and traffic to the areas of industry that Marketing and Tourism wishes to highlight.
- Create SEO criteria that will drive the most traffic. This will compliment what people are searching for in National City.
- Create a strategy that will improve National City’s presence on the internet. Highlight all the events and programs the city has to offer.
- Strategy will include how to make sure top websites are displaying relevant information for National City.

Timeline:
- Analysis will be completed by end of February 2022
- Findings will be reported to Marketing and Tourism Committee for March meeting. - Comprehensive Strategy will be reported, completed, and approved by April 19 Chamber Board Meeting.

Task 3: Manage, promote, and update www.discovernationalcity.org Management:

The DiscoverNationalCity.org website was created and owned by the National City Chamber of Commerce. The city partners on the promotions and programs offered through the website and will have access to all data from the site. The Chamber will promote any city events and programs that will be received by the National City Library and Community Services Director. The Chamber does reserve the right not to promote certain city functions that could be viewed as a “political promotion.” It also reserves the right to select events that do not fall under these criteria and are a community benefit. These benefits must agree with the brand of the website and its goal to promote and improve the tourism and recreation brand of the website. The city may also request that certain events that do not align with its current plans to be removed. The Chamber is responsible and gets all final decisions on the structure, population of information, tags, and offerings within the site.

All events that are considered to fall under tourism and recreation are allowed to be promoted on the website. This is a resource for all business located in National City and are servicing National City. The Chamber will be responsible for collecting this information and posting the information online.

The directory on the website will also be managed by the NCCC. This will be done in partnership with the city that will provide updated business licenses and permit information to the NCCC so the Chamber can ensure that all events and businesses can be located on the site that fall under the following categories: Tourism, Recreation, Food, Events, and Retail. All National City businesses can be listed on the website including National City Chamber members that are located outside of National City but provided services within National City.

Promotion and Updates:

The below approach will utilize all the research and discuss from Task 1 & 2 to give direction on what and how we update the site information to create a more effective site.

NCCC proposes the following approach:
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Attachment 3
National City Chamber of Commerce – Scope of Work
a. Manage all photography and copywriting
b. Creation of SEO-friendly blog entries monthly
c. Ensure all copywriting is SEO-friendly
d. Manage plugins for all social media platforms and real-time feeds on the homepage e. Manage custom blog
f. Maintain ongoing integration with social media platforms g. Program infrastructure to include Content Management System h. Program infrastructure to be sustainable with considerations for future growth i. Develop website to have a mobile display
j. Provide outreach to National City businesses for:
a. Awareness of website
b. Accurate business information
k. Create an accurate and live directory of services available in National City l. Invest additional funds received through advertising revenue, applicable grants, and direct funds from The Chamber to continue additional promotion and advertising for the website Timeline:
- Updates for content within the website will be updated monthly. Updates must be received by the Chamber by the last Monday of each month. Updates will be completed by the second Thursday of each month. This includes blogs, events, directory information, promotions, and any other contact on the website.
- All other items in Task 3 will be updated by the End of March 2022. This will include all technical details above.

Task 4: Search Engine Optimization DiscoverNationalCity.org Below is the technical information on how the NCCC plans to manage the Search Engine Optimization (SEO) for the website. This will heavily rely on the guidance and research and developed from Task 1 &

2. This will ensure the sites ongoing relevance and will help the site populate high on search engines such as Google and Bing.

NCCC proposes the following approach:
a. Ensure onsite optimization
i. Conduct website and competitor analysis
ii. Ensure all keywords are optimized/find most profitable keyword iii. Incorporate SEO suggestions of City, Hoteliers, and local Businesses for DiscoverNationalCity.org
iv. Optimize title and meta tags
v. Optimize content and keyword placement
vi. Create HTML & XML sitemap creation
vii. Optimize images
viii. Manage Google Analytics
ix. Manage Google, Yahoo & Bing link submissions
x. Validate W3C
xi. Submit to Robot.txt
b. Ensure offsite optimization
i. Develop new backlinks monthly
ii. Develop one blog write-up with 5 profile creations
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Attachment 3
National City Chamber of Commerce – Scope of Work
iii. Manage accounts on social networking sites
iv. Submit website to social bookmarking sites
v. Submit articles to online directories
vi. Submit press releases to directories
c. Maintain reporting
i. Submit initial rank report
ii. Submit monthly work report
iii. Submit progress rank report
iv. Submit traffic report
v. Schedule 1 hour consultation with City- quarterly
Goals:
- Have DiscoverNationalCity.org be the number one site in National City for content on local event, hotels, and restaurant’s.
- Have the site has over 80,000 hits in its first complete year after funding date.

Timeline:
- Basic SEO parameters have already been created for the website. The additional updates, and work will be completed at the end of May 2022.
- Updates for SEO will be ongoing and will be completed on a quarterly basis.

Task 5: Social Media
Social Media is critical to the success of the website. The city and the NCCC will share content on the website. The Chamber will manage the DiscoverNationalCity.org accounts. The city will provide content and imagery for local events by tagging DiscoverNationalCity.org accounts. The Chamber will ensure that content shared conforms to the criteria described in Task 3.

Images that are shared with the NCCC will be allowed to be used at the discretion of the NCCC to promote the website and the industries the site promotes. The city can request at any time to remove images that it has tagged from further marketing efforts or that have been shared in its social media platforms.

NCCC proposes the following approach:
a. Complete social media audit for discovernationalcity.org b. Conduct competitive analysis
c. Develop strategy map
d. Plan, implement and monitor content
e. Report and revise strategy
f. Development and distribution of a monthly e-newsletter (template already established) i. Includes relevant information from City.
g. Manage social media campaigns
i. Manage social networks (Facebook, Twitter, LinkedIn, Pinterest) i. Provide partnering agencies with information on how to share imagery with DiscoverNationalCity.org channels
ii. Manage local business listings
iii. Manage hotel listings on Google
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Attachment 3
National City Chamber of Commerce – Scope of Work
iv. Submit social bookmarking posts monthly
Goals:
- DiscoverNationalCity.org gains a following of 1,000 active followers. - Partner with local influencers on a regular basis, both English and Spanish Speaking.

Timeline:
- Content will be updated on weekly basis and scheduling of content from The Chamber. City will provide content on an as needed basis within its own events. - Management of resources will be updated on a weekly basis.

Task 6: Local Event Promotions for City and Resource for Residents Two events that The Chamber puts forth to promote and execute within the scope of the Discovernationalcity.org is the Local Restaurant Week and a Shop Local Initiative. Additional events, programs, and resources can be added with guidance from the Marketing and Tourism Committee. The Committee will also participate in the planning execution of the event.

Approach for the certation and promotion Local Restaurant Week:
a. Schedule a week for event, The Chamber recommends summer 2022. b. Create parameter for the event for participating restaurants. c. Create and plan to get feedback from customers and participating restaurants to vote. Awards will be announced and awarded at the 2023 annual for the criteria selected by the Marketing and Tourism committee.
d. Recruit local restaurants to participate that will offer specials during this time to the community and customers that match the parameters created by the Marketing and Tourism Committee. e. Create marketing plan and strategy to include:
a. Street Banners
b. Online marketing
c. Collateral for participating restaurants.
d. Partner with Chamber and local media partners to promote. f. Manage a social media campaign during the week with special videos, interviews, and news will be provided by the owners and local media.

Goals:
- Have over 50 participating restaurants in National City. - Have over 2,000 confirmed participants in the restaurant week. This will be collected by confirming number of special orders made during the given period. These will be reported by the participating restaurants.

Timelines:
- Detailed event timeline will be created by the NCCC and the Marketing and Tourism Committee by end of March 2022 and will be reported to the Economic Development Committee in April 2022.
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Attachment 3
National City Chamber of Commerce – Scope of Work
- Event will be scheduled, and all collateral will be created by May 2022. - Promotions for the event will begin 8 weeks prior to the start date of the restaurant week. - Data from the event will be complied and reported one month after the events conclusion.

Event Sponsorships: See attached “See City of National Sponsorships 2022” Assumptions
The following are assumptions under this Scope of Work:

1. The total investment stated at the end of this document reflects the budget for one year starting on the date of funding.

2. The funding for sponsorships is for the calendar year of 2022.

3. All prices listed in projected fees are in U.S. dollars and are payable in U.S. dollars Fees & Expenses
The following are the fees for this Statement of Work:

Task Description Duration/Times Fee
1-10 Economic Development 3/1/2022-12/31/2022 $40,000
Event Sponsorship – SP Package See “Event Sponsorship” $10,000 Total Grant $50,000
Acceptance:

National City Chamber of Commerce City of National City By: By:

Name: Chad Matkowski Name:

Title: President/ CEO____ Title:

Date: Date:
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RESOLUTION NO. 2022 -

RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE NATIONAL CITY CHAMBER OF COMMERCE FOR A NOT TO EXCEED AMOUNT OF $50,000 AND AUTHORIZING APPROPRIATING $50,000 FROM THE AMERICAN RESCUE

PLAN ACT FUNDS ALLOCATED TO GENERAL FUND OFFSETS

WHEREAS, on March 20, 2021 , City Council voted to add an Economic Development/Recovery Program with the National City Chamber of Commerce to the 2021-2022 budget; and

WHEREAS, on June 1, 2021, the National City Chamber of Commerce presented a COVID-19 Economic Recovery Proposal to City Council; and

WHEREAS, on October 19, 2021, City Council adopted Resolution No. 2021-149, approving a spending plan for t he first half of the American Rescue Plan Act ( "ARPA") funding, which included General Fund Expenditure Offsets; and

WHEREAS, providing funding to assist with the National City Chamber of Commerce COVID-19 Economic Recovery Proposal to assist in addressing the negative economic impacts of the pandemic to the National City business community was included in the General Fund Expenditure Offsets; and

WHEREAS, City staff recommends City Council authorizes the Mayor to execute an agreement between the City of National City and the National City Chamber of Commerce for a not -to-exceed amount of $50,000 to assist in addressing the negative economic impacts of the pandemic to the National City business community; and

WHEREAS, City staff recommends City Council authorize appropriating $50,000 from the American Rescue Plan Act funds allocated to General Fund offsets for the agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DE CLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Authorizes the Mayor to execute an agreement between the City of National City and the National City Chamber of Commerce for a not-to-exceed amount of $50,000 to a ddress the pandemic's negative economic impacts to the National City business community.

Section 2. Approves appropriating $50,000 from the American Rescue Plan Act funds allocated to General Fund offsets for the agreement. 119 of 452

Resolution No. 2022 –
Page Two

Section 3. That the City Clerk shall certify t he passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 15th day of March, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor

ATTEST:

_________________________
Luz Molina, City Clerk

APPROVED AS TO FORM:

__________________________
Charles E. Bell Jr., City Attorney
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The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California authorizing the acceptance of the California Library Literacy Services (CLLS) Grant in the amount of $9,750 to fund the National City Public Library’s Literacy Services ESL Program for FY 2022 and authorizing the establishment of a Library Grants Fund appropriation of $9,750 and corresponding revenue budget. (Library and Community Services)
Please scroll down to view the backup material.
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7 7 V‘CITY’O’FNﬁTON—ALTJWY, fALIFOiRW'

COUNCIL AGENDA STATEMENT
MEETING DATE: March 15' 2022 AGENDA ITEM NO.

ITEM TITLE:

Resolution of the CityCouncil of the Cityof NationalCity.Californiaauthorizingthe acceptance of the California LibraryLiteracyServices (CLLS) Grant inthe amount of $9,750 to fund the NationalCity PublicLibrary’sLiteracy Services ESL Program forFY 2022 and authorizingthe establishment ofa LibraryGrants Fund appropriationof $9,750 and corresponding revenue budget.

Joyce Ryan, Library & Community ServicesPREPARED BY: Director DEPARTMENT: Library& Community Services PHONE: 619-470-5882 APPROVED BY:

EXPLANATION:

The CaliforniaLibraryLiteracyServices(CLLS) grantisdesigned to supportthe Library'sliteracy services program for adults who seek to improve theirreading, writing,math, and computer skills.

Recently, CLLS opened applicationsfor a new English as a Second Language (ESL) program. Library staffapplied for the grant and were awarded funds for FY 2022.

Please see attached staffreportfor additionalinformation.

FINANCIALSTATEMENT: APPROVED: ”M‘Wé”“ Finance
ACCOUNT NO. APPROVED: MISRevenue account:320-31331-3463OTHER STATE GRANTS Expenditureaccounts:
320-43l-331-100-0000PART-TIME SALARIES
320431-33 [~399-0000 MATERIALS & SUPPLIES
ENVIRONMENTAL REVIEW:

This isnot a projectunder CEQA and isthereforenot subjectto environmentalreview.PRC 21065.

ORDINANCE: INTRODUCTION: FINAL ADOPTION:

STAFF RECOMMENDATION:

Adopt the Resolution.

BOARD / COMMISSION RECOMMENDATION:

Approved by the LibraryBoard of Trustees on March 2, 2022.

ATTACHMENTS:

1. StaffReport

2. State Library’sAward LetterwithAward Agreement and Certificateof Compliance

3. Resolution

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City Council Staff Report

March 15, 2022

ITEM
Resolution of the City Council of the City of National City, California authorizing the acceptance of the California Library Literacy Services (CLLS) Grant in the amount of $9,750 to fund the National City Public Library’s Literacy Services ESL Program for FY 2022 and authorizing the establishment of a Library Grants Fund appropriation of $9,750 and corresponding revenue budget.

BACKGROUND
California Library Literacy Services was developed in 1984 as the first statewide library-based adult literacy service. Since then, library literacy programs have helped more than a quarter of a million learners and their families.

Since 1984, the National City Public Library has assisted adults who seek to improve their reading skills. Adults in the literacy program achieve personal goals such as learning the alphabet, reading a book for the first time, getting a job, sharing a book with a child, reading a medicine label, volunteering in the community, and voting. Our Library has also developed a strong program with curriculum in digital literacy.

The National City Public Library began an English as a Second Language (ESL) pilot program in 2018-2019 with one Basic English Class and one ESL tutor. Currently, the ESL program now holds a Basic, Advanced, and Conversational class with tutors trained in each specific level. ESL has become one of the most popular programs we provide. Since 2018, the program has assisted 146 ESL learners.

For many years, ESL was not funded through the California Library Literacy Services grant program. This year, grant applications for this service became available and staff worked quickly to apply for this grant award.

EXPLANATION
The California Library Literacy Services (CLLS) grant is designed to support the Library’s literacy services program for adults who seek to improve their reading, writing, math, and computer skills. Recently, CLLS opened applications for a new English as a Second Language (ESL) program. Library staff applied for the grant and were awarded funds for FY 2022.

ESL learners will typically focus on the listening comprehension and speaking skills, as well as basic writing and reading skills, needed to participate in work, family life, and their communities. Tutoring is provided in one-to-one and small-group sessions that are tailored to each learner’s goals and aspirations. Adults who are eligible to receive ESL services:
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Page 2 ends

Staff Report – Resolution Approving Acceptance of California Library Literacy Services Grant Funds for ESL Program
March 15, 2022

• Are 16 years or older and not concurrently enrolled in high school; • Seek literacy services for themselves although they may not be able to do the intake interview in English;
• Are willing to be assessed, and complete an intake interview and assessment that includes speaking and listening skills; and
• Have established one or more personal learning goals, including communication-related goals.

ESL learners include those who include as primary goals, and spend a large proportion of their tutoring or instructional time, working on English language acquisition, conversational fluency, and pronunciation.

This CLLS grant is awarded in one payment of $9,750 for FY 2022. Library staff will be able to apply for funds to continue this program with the FY23 CLLS application process. Funds will pay for part-time staff costs and instructional materials and supplies.

RECOMMENDATION
Adopt a resolution authorizing the acceptance of the California Library Literacy Services (CLLS) Grant in the amount of $9,750 to fund the National City Public Library’s Literacy Services ESL Program for FY 2022 and authorizing the establishment of a Library Grants Fund appropriation of $9,750 and corresponding revenue budget.

FISCAL IMPACT
Adoption of the resolution will approve the acceptance of grant funds in the amount of $9,750 for the Library Literacy ESL Program.
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916.653.5217 phone Library Development Services Bureau
916.653.8443 fax P. O. Box 942837 Sacramento, CA 94237-0001 www.library.ca.gov 900 N Street, 4th Floor, Sacramento, CA 95814 January 19, 2022
J
oyce Ryan, Director
National City Public Library
1401 National City Blvd.

National City, CA, CA 91950
D
ear Joyce Ryan:

W
e’re pleased to provide funds to support your English as a Second Language program and the important work that you, your California Library Literacy Services program, your staff, and your volunteers do in your community.

T
he state budget has included one-time California Library Literacy Services funding at $15 million for English as Second Language Services. These funds will be allocated over a five-year period. This award letter covers Round I of funding, between January 1, 2022 and June 30, 2022. We anticipate that funding for 2022-2023 and subsequent years will be included with your regular CLLS award.

Y
our total award for the portion of the 2021-2022 fiscal year beginning January 1, 2022, is:
• Total Award: $9750
Y
our funds must be fully expended by June 30, 2022, in accordance with your approved budget on file with the State Library.

P
lease be sure your program expenditures are consistent with the California Library Literacy Services allowable and unallowable costs guide. If you have any questions about expending your funds, please reach out to Allyson Jeffredo at [email protected].

W
e strongly encourage your program staff to develop and maintain community partners to strengthen your program, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium, and participate in library literacy training opportunities offered by the State Library and the regional networks.

T
he payment process begins when we receive your completed and signed claim and certification forms (attached). All forms should be completed using DocuSign to be processed for payment.

O
ur library literacy staff is available to assist you throughout the year. Your Advisor is Beverly Schwartzberg, [email protected], and your Grant Monitor is Allyson Jeffredo, [email protected]. Please contact them with any questions.

T
hank you for your willingness to do so much for those in need. Best wishes for a successful year.

Re
spectfully yours,
G
reg Lucas
California State Librarian
DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 125 of 452

916.653.5217 phone Library Development Services Bureau
916.653.8443 fax P. O. Box 942837 Sacramento, CA 94237-0001 www.library.ca.gov 900 N Street, 4th Floor, Sacramento, CA 95814

Cc: Beverly Schwartzberg, [email protected] Allyson Jeffredo, [email protected]
Gina Iwata, [email protected]
Mikki Vidamo, [email protected]

Enc: Claim form and certification form
DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 126 of 452
National City Public Library Invoice #ESL21-18
THE BASICS – YOUR GRANT AWARD
The following provides all the basic information about your grant and managing your grant.

Award #: ESL21-18
Library: National City Public Library
Award Amount: $9750
AP

PROVED BUDGET
Salary and Benefits $2250
Contract Staff $0
Operations $2500
Library Literacy Materials $5000
Small Equipment $0
Equipment ($5,000 or more per unit) $0
Subtotal $9750
Indirect $0
Grant Total $9750
Start Date: Upon execution
End Date: June 30, 2022
Please understand that it can take from eight to ten weeks following the receipt of an error free claim form before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.

CO
NTACT
We want your project to be successful. Please work with the program staff listed below in implementing your project:

Literacy Analyst: Allyson Jeffredo
Phone Number: (916) 603-6709
Email Address: [email protected]
Library Programs Consultant: Beverly Schwartzberg
Phone Number: (916) 701-6880
Email Address: [email protected]
DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 127 of 452
National City Public Library Invoice #ESL21-18

CERTIFICATION
I her
eby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that the claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

The c
laims the indicated allowance for the purposes of carrying out the functions stated in its ESL a pplication a nd in Sections 18880-18883 of the California Education Code.

National City Public Library, 1401 National City Blvd, National City, CA 91950- 4401
SI

GNED DATE
Signature - Authorized representative
Typed/Printed Name and Title of Authorized Representative Email address of authorized representative
DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 [email protected]
Joyce Ryan
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National City Public Library Invoice #ESL21-18
PROJECT INFORMATION:

Invoice #: ESL21-18
Project Title: English as Second Language Services
Grantee: National City Public Library
Funding Start Date: Upon execution Term completion: June 30, 2022 Total Award: $9750
PAYMENT SCHEDULE:

Libraries receive 100% of their English as a Second Language Services award upon receipt of the award letter.

Note:

Libraries have 6 months to spend their English as a Second Language funds, from January 1, 2022 in which the funds are awarded until June 30, 2022 of the same year.

English as a Second
Language Service
Total Allocation
Total: $9750 $9750
REPORTING:

Libraries will be required to submit a final report. Reminder emails will be sent out beginning six weeks before the required report.

All required reporting materials will be located on the California State Library’s website. The reporting schedule is detailed below.

Final Report Due September 30, 2022
Note:

A budget modification form will be required for all budget changes regardless of amount.

Modification form may be submitted throughout the year but no later than May 31st.

DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 129 of 452

STATE FUNDED GRANTS

AWARD AGREEMENT AND

CERTIFICATE OF COMPLIANCE
DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 130 of 452
National City Public Library
English as a Second Language Service
2021-2022 ESL21-18

Page 1 of 25 ends

TABLE OF CONTENTS

PROJECT SUMMARY

2 PROCEDURES AND REQUIRMENTS
A.

Term of the Agreement 3
B.

Scope of Work
3 C.

Budget Detail
3 D.

Narrative and Financial Reports
4 E.

Claim Form and Payment

5 EXHIBIT A: TERMS AND CONDITIONS

7 EXHIBIT B: CERTIFICATION AND COMPLIANCE FORM
22 Certification 25
EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES

27 DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 131 of 452
National City Public Library
English as a Second Language Service
2021-2022 ESL21-18

Page 2 of 25 ends

PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and National City Public Library for the English as a Second Language Services project.

AWARD AGREEMENT NUMBER ESL21-18
This Award Agreement (“Agreement”) is entered into on January 1, 2022 by and between the California State Library (“State Library”) and National City Public Library, (“Grantee”).

This Award Agreement pertains to Grantee’s State-funded English as a Second Language Service project.

The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.

The Grantee was selected by the State Library to receive state grant funds in the amount of $9750 through the process adopted by the State Library in administering such grants.

The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:

DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 132 of 452
National City Public Library
English as a Second Language Service
2021-2022 ESL21-18

Page 3 of 25 ends

PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins on the date of execution of the Agreement by both parties, until June 30, 2022. If completion of the project occurs prior to the end of the grant period this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on June 30, 2022 and all eligible program costs must be incurred by this date.

B. Scope of Work

1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the English as a Second Language Services project.

2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
• Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
• Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project.
• If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
• Oversee the implementation of project activities.

C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.

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D. Narrative and Financial Reports

1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.

2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report Due Date
January 1, 2022 –
June 30, 2022
Final Report September 30, 2022

4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.

E. Claim Form and Payment

1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.

2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 134 of 452
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platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.

3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.

4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.

5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.

6. The Final Payment of 10% will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.

7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.

The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.

8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.

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EXHIBIT A: TERMS and CONDITIONS

1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.

The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the Statewide Broadband Services Program.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:
“Funding provided by the State of California.”
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c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form, or contact your grant monitor for the State Library’s form.

3. Agency: In the performance of this Agreement the Grantee and it’s agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose, and has no authority to bind the State Library in any manner whatsoever.

4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.

No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.

6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.

7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 137 of 452
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completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.

8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.

9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:

National City Public Library
Joyce Ryan
1401 National City Blvd.

National City, CA, CA 91950
[email protected]

California State Library
Allyson Jeffredo
900 N Street
Sacramento, CA 95814
[email protected]
(916) 603-6709

1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.

2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 138 of 452
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directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.

4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.

5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.

6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of the following:

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1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace; 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.

7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.

8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

9. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.

10. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.

11. Failure to Perform: The grant being utilized by the Grantee is to benefit the [insert phrase]. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.

12. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
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Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

13. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

14. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.

15. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

16. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

17. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.

The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.

18. Grantee: the government or legal entity to which a grant is awarded and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 141 of 452
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the California State Library may find necessary to assure the correctness and verification of such reports.

19. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.

20. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.

21. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award, and is not required to provide training in connection with this Agreement.

22. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.

23. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third- party rights. All such usages will be for public library and State governmental purposes:

a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
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b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.

24. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The to
tal amount paid by the California State Library to the Grantee under this ag
reement shall not exceed $9750 and shall be expended/encumbered in the d
esignated award period.

During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests f
or reductions in award funding must be discussed with the assigned State Library G
rant Monitor and a Grant Award Modification may be required to be su
bmitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.

25. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those p
urposes are defined by the U.S. Internal Revenue Code of 1986.

26. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment b
ecause of race, religious creed, color, national origin, ancestry, physical d
isability, mental disability, medical condition, genetic information, marital status, sex
, age, sexual orientation, or military and veteran status. Grantee shall insure th
at the evaluation and treatment of contractors, employees and applicants for em
ployment are free from such discrimination and harassment.

Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations o r
stan
dards adopted by the California State Library to implement such article.

Grantee shall permit access by representatives of the Department of Fair Employment and Housing and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and it’s contractors, and subcontractors shall give written notice of their obligations DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 143 of 452
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under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.

27. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address o
f the recipient known to the party giving notice. Notice is effective u
pon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification wi
ll be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California S
tate Library’s Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice.

Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical address as state
d in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage p
repaid, and addressed to recipient’s address as stated in this A
greement.

28. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant A
greement Coversheet attached hereto (collectively referred to as “Terms”).

Grantee’s California State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or i
nconsistency between the articles, exhibits, attachments, specifications or p
rovisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. P
rocedures and Requirements
d. C
ertificate of Compliance
e. Project Summary
f
. Grantee’s Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference.

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29. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable c
osts for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the G
rantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the G
rantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or m
odifications to the Work Plan, approved project as described in the G
rantee’s Application, or the approved Budget prior to performing the c
hanged work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedul e
inc
luded in this agreement.
d. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the am
ounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). e. Payment will be made only to the Grantee.
f. Reimbursable expenses shall not be incurred unless and until the grantee r
eceives a Notice to Proceed as described in the Procedures and Requirements.

30. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this A
greement and the performance of the obligations imposed upon the parties.

Native American Tribal grantees expressly waive tribal sovereign immunity as a d
efense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

31. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the em
ployee is entitled.

32. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 145 of 452
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Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.

33. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.

34. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.

35. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government C
ode, sections 6250, et. seq. This includes the Interim and Final reports, and any o
ther written communications between the parties. Grantee agrees to ensure th
at all content contained in its written reports are appropriate for publication.

Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies f
or exemption under the PRA in whole or in part. Grantee agrees to alert the S
tate Library as to a basis for exemption, if any exists.

36. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other f
ormat or medium. Copies of all promotional materials will be provided to the S
tate Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about th
is grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.

37. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate gran t
p
rogram records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite ev
aluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.

38. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course o
f the project are not wasted. Steps should include, but not be limited to: the use o
f used, reusable, or recyclable products; discretion in the amount of materials DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 146 of 452
National City Public Library
English as a Second Language Service
2021-2022 ESL21-18

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used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

39. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or wi
ll be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements o
f any other California State Library funded program.

40. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library a final report detailing progress and activities. The report is due on the dates sp
ecified in the reporting schedule detailed in the Procedures and Requirements section.
b. To obtain payment hereunder the grantee shall submit authorized claims p
rovided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit.
c. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $
9750 upon execution of the agreement and submission of claim by the grantee organization.

41. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s- length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendor s
ar
e invited to compete for an entity’s business and the entity chooses the lowest o
f the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or i
ndirectly, to the detriment of, and in conflict with, the public purpose for which al
l grant monies are to be expended.

42. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.

DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 147 of 452
National City Public Library
English as a Second Language Service
2021-2022 ESL21-18
P age 18 of 25

43. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the wo
rk and for up to ninety (90) days after completion of the work, or until all issues r
elated to the grant project have been resolved. A site visit may include, but not b
e limited to, monitoring the use of grant funds, provide technical assistance wh
en needed, and to visit the State funded project.

44. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the G
rantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian sh
all determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the C
alifornia State Library within 45 days. If funding has been advanced to the G
rantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.

45. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.

46. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.

Funds will also be considered unaccounted for, and must be returned, if the p
roposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.

47. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 148 of 452
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English as a Second Language Service
2021-2022 ESL21-18

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Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.

48. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.

49. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract p
ersonnel. If Grantee hires employees to perform services required by this A
greement, Grantee shall provide Workers’ Compensation insurance for them.

The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Gran tee
ag
rees to comply with such provisions before commencing the performance of the work of this Agreement.

DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 149 of 452
National City Public Library
English as a Second Language Service
2021-2022 ESL21-18
P age 20 of 25
EXHIBIT B: CERTIFICATION of COMPLIANCE FORM

1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant A
greement and project and is authorized to receive and expend funds in order to administer this grant program.

2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.

3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.

4. The authorized representative, on behalf of the Grantee, certifies that the Gr
antee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form.

5. The authorized representative, on behalf of the Grantee, hereby certifies to th e
C
alifornia State Library, for an award of funds in the amount 9750. This award will provide library services as set forth in the Project Application as approved and/or as amended by the California State Librarian.

6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, T
itle 2, Section 11102).

7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug- free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is p
rohibited and specifying actions to be taken against employees for violations.
b. E
stablish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 150 of 452
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P age 21 of 25
2) the person's or organization's policy of maintaining a drug-free wo
rkplace;
3) any available counseling, rehabilitation and employee assistance p
rograms; and,
4) penalties that may be imposed upon employees for drug abuse v
iolations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statem
ent; and,
2) agree to abide by the terms of the company's statement as a c
ondition of employment on the Agreement.

F
ailure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)

8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, th e
C
alifornia State Library must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state ag
ency, unless the employment, activity or enterprise is required as a c
ondition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he o
r she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the c
ontract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state em
ployment, no former state officer or employee may enter into a c
ontract with any state agency if he or she was employed by that state a
gency in a policy-making position in the same general subject area as th
e proposed contract within the 12-month period prior to his or her l
eaving state service.

DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 151 of 452
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English as a Second Language Service
2021-2022 ESL21-18

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If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.

Contract Code § 10430 (e)).

9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's C
ompensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the p
erformance of the work of this Agreement. (Labor Code § 3700).

10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)

11. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local g
overning body which by law has authority to enter into an agreement, authorizing execution of the agreement.

12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.

13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the r
equirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (
Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which ad
opts the Government-wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes but is not limited to: making a good faith effort, on a c
ontinuing basis, to maintain a drug-free workplace; publishing a drug- free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are c
onvicted of violating drug statutes in the workplace.

14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet Cal
ifornia accessibility standards.

15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non-discrimination laws.

DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 152 of 452
National City Public Library
English as a Second Language Service
2021-2022 ESL21-18
P age 23 of 25

16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements.

Certification

ORGANIZATION
Name: Address (official and complete):

PROJECT COORDINATOR
Name:

Email: Phone:

GRANTTEE AUTHORIZED REPRESENTATIVE
Name: Title:

Email: Phone:

Signature: Date:

DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 [email protected]
Joyce Ryan Library & Community Services Director
(619) 470-5882
Mikki Vidamo
National City Public Library 1401 National City Blvd., National City, CA 91950 [email protected] (619) 470-5865
153 of 452
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Authorized Representative Signature

ORGANIZATION
Name: Address (official and complete):

AUTHROIZED REPRESENTATIVE
Signature: Date:

Printed Name of Person Signing: Title:

STATE OF CALIFORNIA
Agency Name: Address:

Signature: Date:

Printed Name of Person Signing: Title:

California State Library 900 N. St Sacramento, CA 95814 Greg Lucas State Librarian
DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 2/9/2022
Joyce Ryan
Library & Community Services Director
National City Public Library 1401 National City Blvd., National City, CA 91950 154 of 452
National City Public Library
English as a Second Language Service
2021-2022 ESL21-18
P age 25 of 25
EXHIBIT B: STATE REIMBURSABLE TRAVEL EXPENSES
Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx Mileage:

Rate subject to change
$0.56 per mile – approved business/travel expense
Meals:

Receipts are required
$7.00 – Breakfast
$11.00 – Lunch
$23.00 – Dinner
$5.00 - Incidentals
Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc.

Hotel:

Receipts are required
and MUST have a zero
balance.
$ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento
Counties
$ 110.00 plus tax for Marin County
$ 120.00 plus tax for Los Angeles, Orange, and Ventura
Counties, and Edwards AFB. Excluding the city of Santa
Monica
$ 125.00 plus tax for Monterey and San Diego Counties
$ 140.00 plus tax for Alameda, San Mateo and Santa
Clara Counties
$ 150.00 plus tax for the City of Santa Monica
$ 250.00 plus tax for San Francisco County
Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes.

Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel.

AIRLINE TICKETS:

Itinerary and receipts are
required
Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense.

DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 155 of 452

CALIFORNIA STATE LIBRARY
California Library Literacy and English Acquisition Services

FINANCIAL CLAIM

IN FULL
Invoice#: ESL21-18-01
PO#
ENY: 2021
ITEM NO: 6120-2131-0001 Chapter 240, Statutes of 2021
PURCHASING AUTHORITY NUMBER: CSL-6120
REPORTING STRUCTURE: 61202000
COA: 5432000
PROGRAM #: 5312
Date:

Claim of: National City Public Library
Complete Address:

Street Address, City, State, Zip Code
For: National City Public Library
Project Title: English as a Second Language Services Grant Amount Claimed: $9,750 Grant Award Number: ESL21-18
For Period From: upon execution to end of grant period
Type of Payment PROGRESS FINAL IN FULL
Payable Upon Execution of Agreement

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

By
(Signature of the authorized representative)
(Print Name)
Title
State of California, State Library Fiscal Office
By Date
(State Library representative)
If you are not using DocuSign electronic signature to submit your claim, please complete the following:

EMAIL A SCANNED COPY:

Fiscal Services
[email protected]
MAIL ONE ORIGINAL SIGNATURE TO:

California State Library
Fiscal Office – CLLS
PO Box 942837
Sacramento, CA 94237-0001
DocuSign Envelope ID: C54B8856-FE00-4D60-BABF-C8A96E943458 Library & Community Services Director
1401 National City Blvd., National City, CA 91950
156 of 452
RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ,

CALIFORNIA AUTHORIZING THE ACCEPTANCE OF THE CALIFORNIA LIBRARY LITERACY SERVICES (CLLS) GRANT IN THE AMOUNT OF $9,750 TO FUND THE NATIONAL CITY PUBLIC LIBRARY’S LITERACY SERVICES ESL PROGRAM FOR FISCAL YEAR 2022 AND AUTHORIZING THE ESTABLISHMENT OF A LIBRARY GRANTS FUND APPROPRIATION OF $ 9,750 AND CORRESPONDING REVENUE BUDGET

WHEREAS, since 1984, the California Library Literacy Services (“CLLS”) Grant is designed to support the Library’s Literacy Services Program to English -speaking adults who seek to improve their reading, writing, and math skills; and WHEREAS, the National City Public Library began an English as a Se cond Language (“ESL”) pilot program in 2018 and, since then, has developed the program to assist students on different learning levels and has assisted 146 ESL learners to date; and

WHEREAS, the CLLS ESL learners include those who include as primary goals , and spend a large proportion of their tutoring or instructional time, working on English language acquisition, conversational fluency, and pronunciation; and

WHEREAS, the National City Public Library applied for and was awarded $9,750 from California Library Literacy Services to fund an English as a Second Language (ESL) Program for our community residents.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Authorizes the acceptance of grant funds in the amount of $ 9,750 from California Library Literacy Services to fund the National City Public Library’s Literacy Services ESL Program for Fiscal Year 2022.

Section 2: Authorizes the establishment of Library Grant Fund appropriations in the amount of $9,750 and a corresponding revenue budget.

Section 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. 157 of 452

Resolution No. 2022 –
Page Two

PASSED and ADOPTED this 15th day of March, 2022.

Alejandra Sotelo-Solis, Mayor

ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney
158 of 452

The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California approving a Subordination Agreement with Clara Futura Investments, LLC, a California limited liability company, and Real Value Properties II LLC, a California limited liability company, subordinating the Deed of Trust securing the performance of an Affordable Housing Density Bonus Agreement entered into on October 22, 2021 that restricts one housing unit at 1924 Harding Avenue in National City. (Housing Authority)
Please scroll down to view the backup material.
159 of 452

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETINGDATE: March15,2022 AGENDAITEMNO.‘

ITEM TITLE:

Resolution of the City Council of the City of National City,Californiaapproving a Subordination Agreement with Clara Futura Investments, LLC, a Californialimitedliabilitycompany, and Real Value Properties llLLC, a Californialimitedliabilitycompany, subordinating the Deed of Trust securing the performance of an Affordable Housing Density Bonus Agreement entered intoon October 22, 2021 that restrictsone housing unitat 1924 Harding Avenue in National City.

PREPARED BY:
‘GregRose,PropertyAgent
PHONE: 619-336-4266 APPROVED B
DEPARTMENT: Ho Aut ority
EXPLANATION:

Per Resolution No. 2021-144, at the October 5, 2021 City Council meeting Clara Futura Investments, LLC (“Developer”) received approval of a Density Bonus Agreement (“Agreement") that obligatesthe developer to restrictone (1)unitas affordable.The restrictionon the affordableunitismemorialized through thatAgreement, assuring affordabilityfor a totalof fifty—five(55) years. A Performance Deed of Trust was also recorded to secure the Agreement on the property.This Subordination Agreement will ensure that the Density Bonus Agreement willremain superiorto the Lender's Deed of Trust,and the Performance Deed of Trust willbe made subordinate and subject to the Lender’s Deed of Trust.

APPROVED: FinanceFINANCIAL STATEMENT:

APPROVED: —_ MISACCOUNT N0.

N0 FiscalImpact— This reportisinformationalonly,there isno fiscalimpact associated withthe report.

ENVIRONMENTAL REVIEW:

The infilldevelopment project,includingthe density bonus incentivesprovided,iscategoricallyexempt from CEQA review pursuant to Class 3 Section 15332.

ORDINANCE: INTRODUCTION: i FINALADOPTION:
_—__—_—___
STAFF RECOMMENDATION:

Adopt the Resolution.

BOARD lCOMMISSION RECOMMENDATION:
iN/A
—_—_,
W:

1. Subordination Agreement

2. Resolution

160 of 452
1 No Fees per Government Code 6103
Recording Requested By:

When Recorded Mail To:

National City Housing Authority
Attention: Executive Director
1243 National City Boulevard
National City, CA 91950

SUBORDINATION AGREEMENT
(1924 Harding Avenue)
THIS SUBORDINATION AGREEMENT (“Subordination Agreement”) is dated as of the __ day of March, 2022, by the City of National City (“C ity”), Clara Futura Investments, LLC, a California limited liability company (“Borrower”) and Real Value Properties II LLC, a California limited liability company (“Lender”).

RECIT
ALS
A.

Borrower is the owner of certain real property generally located at 1924 Harding Avenue, in the City of National City , County of San Diego, California (“Property”), as more particularly described in that certain Deed of Trust and Assignment of Rents Fixed Interest Rate, dated as of May 16, 2019, and recorded in the Office of the Recorder of the County of San Diego, State of California on June 6, 2019, as Instrument No. 2019-0219639 (“Lender Deed of Trust”).

Concurrently with recordation of this Subordination Agreement, Borrower is causing the following to be recorded against the Property in the Office of the Recorder of the County of San Diego, State of California: (i) an Affordable Housing Density Bonus Agreement (1924 Harding Avenue) (“Density Bonus Agreement”) by and between the City and Borrower; and (ii) a Deed of Trust (“City
Deed of Trust”) executed by the Borrower in favor of the City.

C. City, Lender and Borrower all agree and desire to execute this Subordination Agr
eement to memorialize their understanding and agreement with regard to the respective priorities of each of the above-referenced documents. It is the intention of the parties that the Density Bonus Agreement shall unconditionally be and remain at all times a lien, claim and charge
on the Property prior and superior to the Lender Deed of Trust and that the Lender Deed of Trust shall unconditionally be and remain at all times a lien, claim and charge on the Property prior and
superior to the City Deed of Trust.

NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the City, Lender and Borrower hereby agree as follows:

REEMENT
Attachment No. 1
161 of 452

2 1. Subordination of the Lender Deed of Trust to the Density Bonus Agreement. The Lender Deed of Trust, together with all rights and privileges of Lender and Borrower thereunder, are hereby irrevocably and unconditionally made subordinate to and subject to the Density Bonus Agreement and the Density Bonus Agreement is and will remain at all times, a lien, claim and charge on the Property prior and superior to the Lender Deed of Trust and to all rights and privileges of Lender and Borrower thereunder; provided, however, that a violation of the Density Bonus Agreement shall not defeat, render invalid or limit the Lender Deed of Trust.

2. Subordination of the City Deed of Trust to the Lender Deed of Trust. The City Deed of Trust, together with all rights and privileges of the City and Borrower thereunder, are hereby irrevocably and unconditionally made subordinate to and subject to the Lender Deed of Trust and the Lender Deed of Trust will remain at all times a lien, claim and charge on the Property prior and superior to the City Deed of Trust and all rights and privileges of the City and Borrower thereunder.

3. Notices. City, Lender and Borrower agree to give to each other copies of all notices of events of default under their respective documents. All notices given under this Subordination Agreement shall be in writing and sent to the party at its address appearing below (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or refusal to accept delivery). These addresses may be changed by any party by written notice to all other parties.

If to the City: City of National City
Attention: City Manager
1 243 National City Boulevard
National City, CA 91950

If to Borrower: Clara Futura Investments, LLC
1111 9th Street, Suite 202
Coronado, CA 92118

If to Lender: Real Value Properties II LLC
1880 Century Park East #200
Los Angeles, California 90067

4. Whole Agreement; Binding Effect. This Subordination Agreement is the whole and only agreement with regard to the priority of the lien, claim and charge of the Density Bonus Agreement, the Lender Deed of Trust and the City
Deed of Trust. This Subordination Agreement
is binding on and inures to the benefit of the legal representatives, heirs, successors and assigns of the parties.

5. Attorney’s Fees. If any party to this Subordination Agreement brings an action to interpret or enforce its rights under this Subordination Agreement, the prevailing party will be entitled to recover its costs and reasonable attorney’s fees as awarded in the action.

Attachment No. 1
162 of 452

3 6. Governing Law . This Subordination Agreement is governed by, and shall be construed in accordance with, the laws of the State of California.

7. Counterparts. This Subordination Agreement may be executed in counterparts, and all counterparts constitute but one and the same document.

8. Signatures. All individuals signing this Subordination Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to one another that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing.

IN WITNESS WHEREOF , the parties have executed this Subordination Agreement as of the date first set forth above and agree to be bound hereby.

LENDER:

Real Value Properties II, a California limited liability company

By:_______________________________________
Print Name:________________________________
Its:_______________________________________

[SIGNATURES CONTINUED ON FOLLOWING PAGE]
Attachment No. 1
163 of 452

4 BORROWER:

Clara Futura Investments, LLC, a California limited liability company

By:_____________________________
David Gillingham, Manager

[SIGNATURES CONTINUED ON FOLLOWING PAGE]

Attachment No. 1
164 of 452

5 CITY:

City of National City

By: ______________________________

Brad Raulston, City Manager

APPROVED AS TO FORM:

Gabriela M. Torres., Deputy City Attorney

By:_____________________________

Attachment No. 1
165 of 452

6 ACKNOWLEDGMENT

State of California )
)
County of San Diego )

On ____________________, 202
2, before me, _________________________________, notary public, personally appeared __________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _________________________________ (Seal)

A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

Attachment No. 1
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7 ACKNOWLEDGMENT

State of California )
)
County of San Diego )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _________________________________ (Seal)

Attachment No. 1
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8 ACKNOWLEDGMENT

State of California )
)
County of San Diego )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _________________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

Attachment No. 1
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RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CI TY OF NATIONAL CITY,

CALIFORNIA APPROVING AN AFFORDABLE HOUSING DENSITY BONUS

AGREEMENT WITH CLARA FUTURA INVESTMENTS, LLC, FOR THE
DEVELOPMENT OF 14 UNITS LOCATED AT 1924 HARDING AVENUE AND RESTRICTING THE RENT AND OCCUPANCY OF ONE (1) UNIT TO VERY LOW -

INCOME HOUSEHOLDS IN EXCHANGE FOR A DENSITY BONUS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65915 - 65918

WHEREAS, Clara Futura LLC (“Developer”) wants to develop its property located at 1924 Harding Avenue, National City, California; and

WHEREAS, the current zoning allows for the construction of ten (10) units by right; and
WHEREAS, the Developer will restrict the rent and occupancy of one (1) unit to very low -income households (below fifty percent ( 50%) of area median income) in exchange for a density bonus of 35% and a deviation from front yard and street side yard setback requirements, a deviation from floor area ratio requirements, and a waiver from common open space requirements, mandated by the California Government Code Sections 65915 – 65918, which will allow the construction of an additional four (4) units for a total of 14 units on the property; and

WHEREAS, the Affordable Density Housing Bonus Agreement (“Agreement”) will serve to memorialize the Developer’s obligation to provide the one (1) affordable unit and the restriction of the affordable unit by the recordation of this Agreement assuring affordability for a total of fifty-five (55) years; and

WHEREAS, a Performance Deed of Trust will also be recorded to secure the Agreement on the property.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Approves an Affordable Housing Density Bonus Agreement with Clara Futura, LLC, restricting the rent and occupancy of one (1) unit to very low-income households in exchange for one density bonus pursuant to California Government Code Sections 65915 – 65918 for the development of fourteen (14) units located at 1924 Harding Avenue, in National City, California.

Section 2: That the City of National City will record a Performance Deed of Trust securing the timely performance of the Affordable Housing Density Bonus Agreement, and after it is recorded in the County of San Diego, a copy of said Deed of Trust will be on file in the Office of the City Clerk.

///
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Resolution No. 2022 –
Page Two

Section 3: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 15th day of March 2022.

Alejandra Sotelo-Solis, Mayor
ATTEST:

Luz Molina, City Clerk
APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney

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The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of National City, California creating two (2) new job classifications and amending the Management Salary Schedule, and the Confidential Salary Schedule. (Human Resources)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETING DATE: March 15,2022 AGENDA ITEM NO.
|_—
ITEM TITLE:

Resolutionof theCityCouncilof NationalCitycreatingtwo (2)new job classiﬁcationsand amending the Management SalarySchedule,and theConfidentialSalaIySchedule.

PREPARED BY: RobertJ.Meteau Jr.,Human ResourcesDirector DEPARTMENT: Human Resources PHONE: APPROVED BYIE : § 5
I
EXPLANATION:

Staffrecommends approvingtheadditionof thePlanningManager classiﬁcationtotheManagement Salary Schedule,and approvingtheSeniorInformationTechnology AnalystclassiﬁcationtoConﬁdentialSalary Schedule.

These two (2)classiﬁcationswere createdto addresstheexpanded needs of higher-levelsubjectmatterexpertise and complex projectoversightintheirrespectivedepaitmentsand to supporttheworkforcesustainabilityof currentand futuresewice delivery. The Flaming Manager positionwillbe ﬁlledby an existingstaffmember thatisalreadyperformingthehigher levelresponsibilitiesand the SeniorInformationTechnology Analyst positionwillbe ﬁlledthrough an open recruitment.

Finance

FINANCIAL STATEMENT: APPROVED: MW
ACCOUNT N0. APPROVED: MIS
The currentFiscalYear 2021/2022 Budget willfund thesepositions.The proposed FiscalYear 2022/2023 Budget willincludeappropriationstofund thesepositionsgoing forward.

ENVIRONMENTAL REVIEW:

This isnot a projectand,therefore,isnot subjecttoenvironmentalreview.

ORDINANCE: INTRODUCTION: FINAL ADOPTION:

STAFF RECOMMENDATION:

Staffrecommends approvingtheadditionof theFlaming Manager classiﬁcationtotheManagement Salary Schedule,and theSeniorInformationTechnology AnalystclassiﬁcationtotheConﬁdentialSalarySchedule.

BOARD ICOMMISSION RECOMMENDATION:

On February 1672022,theCivilServiceCommission approvedthetwo (2)additionalclassiﬁcations(3—0, Commissioner Luna absent).

ATTACHMENTS:

A. ProposedJob Classiﬁcations(2)
B. Amended Management SalarySchedule
C. Amended ConﬁdentialSalarySchedule

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PLANNIN G MANAGER CITY OF NATIONAL CITY
(Unrepresented — Management Group)

CLASS SPECIFICATION Aﬂproved: February 16,2022

DEFINITION
To organize,direct,manage, and coordinatethe activitiesof the PlanningDivisionwithinthe Community Development Department; performs complex professionalwork in allphases of currentand advanced planning,designdevelopment,environmentalreview,and specialprojects; monitors,reports,and evaluatesthework of professional,technical,and administrativesupport staff;performsprofessionalplanningwork; performsrelatedwork asrequired.

DISTINGUISHIN G CHARACTERISTICS
The PlanningManager isthePrincipalManager levelclassiﬁcationintheProfessionalPlanning series.Thisa supervisorypositionprimarilyresponsibleformanaging thePlanningDivision.The Planning Manager is distinguishedfrom the PrincipalPlanner by the levelof responsibility assumed and the complexity of dutiesassigned.Receives administrativedirectionfrom the Directorof Community Development or his/herdesignee.

EXAMPLES OF TYPICAL DUTIES
The followingdutiesand responsibilitiesare representativeof those typicallyperformed by positionsassignedto thisclassiﬁcation.Any singlepositionmay notperform allof theseduties and/ormay perform similarrelatedtasksnotlistedhere.
. Assistsintheadministrationand coordinationof overalldepartmentactivities;develops policiesand proceduresforthedepartment.
o Supervisesprofessionaland technicalstaffengaged inadvanced and currentCityplanning activitiesincludinggeneralplanand zoningcode maintenanceand enforcement,reviewof proposeddevelopmentsand processingofpermits.
. Conducts the most complex assignments,includingthepreparation,review,and project evaluationof currentor advanced planningprojects;ensuresthatplanningactivitiesare conducted inaccordancewith federaland statelaw,Cityordinances,rules,and regulations includingtheCaliforniaEnvironmentalQualityAct and Air QualityManagement Plan. 0 Coordinatesthe conduct of environmentalimpact studies,includingthe preparationof requestsforproposal;coordinatesprojectreview by otheragencies;evaluatesconclusions of environmentalimpactreportsand preparesrecommendations. . Preparesreportsand documents for City Council and Planning Commission agenda; attendsmeetingsof theCity Counciland PlanningCommission; makes presentationsand respondsto questionsas required;advisesthe CityCounciland PlanningCommission on zoning and planning matters;servesas secretary/staffto the Planning Commission, as necessaiy.
. Reviews, analyzes, coordinates related activities,consults with relevant parties,and preparesreports,conducts researchand specialstudies;coordinateswith other City departmentsinvolvedin the development review processto maintaina high qualityof customerservice.
. Selects,supervises,motivates,plans,trains,directs,and evaluatesthe work of lower level staff,includingpreparingand presentingemployee performancereviews.

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Class Speciﬁcation
PlanningManager

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. Researchesand prepareswrittenstaffreports,letters,specialprojectreports,and other forms of correspondence.
- Representsthe City,as assigned,in relationswith the community, advisorycommittees, local,state,and federal agencies,other planning departments,and professional organizations.
o Preparesand monitorsthedivisionbudget;forecastsfundsas needed. . Prepares and writesa varietyof reportsand documentation,includingdetailedRisk Management incidentreports.
. Performsotherrelateddutiesas requiredor assigned.

MINIMUM QUALIFICATIONS
Training and Experience: Any combinationequivalentto trainingand experiencethatcould likelyprovidethe requiredknowledge, skills,and abilitieswillbe qualifying.A typicalway to obtaintherequiredknowledge,skills,and abilitieswould be:Bachelor'sdegreefrom an accredited collegeor universitywith major course work in Urban Studies,City and Regional Planning, Environmental Planning,Public Administration,or a closelyrelatedﬁeld;egg ﬁve (5) years of progressivelyresponsibleprofessionalplanning experienceencompassing both advanced and currentplanning,two (2)yearsof which have includedsupervisingprofessionalstaff.A Master’s degree in a relatedﬁeld and American Instituteof CertiﬁedPlanners(AICP) certiﬁcationare highlydesirable.

Knowledge and Skillsin:Extensivemodern knowledge oftheprinciples,practices,and trendsof municipaland urbanplanning,subdivisionand parcelmap design,zoning,environmentaland land use control;planningdivisionobjectivesand programs,includingknowledge of theCityGeneral Plan, zoning codes and ordinances;modern organizationand management; knowledge of engineeringplansand topographicmapping; applicablefederaland stateplanningand zoninglaws, includingCEQA and the SubdivisionMap Act;methods and techniquesused inthedevelopment and maintenanceof masterplans;principlesof employee supervision,training,and performance evaluation;methods and techniquesofresearch,statisticalanalysisand reportpreparation;modern ofﬁce proceduresand computer equipment;and budgetingproceduresand techniques.

Abilityto:Analyze budget and technicalreports;interpretand evaluatestaffreports;observe performanceand evaluatestaff;problem solvedivisionrelatedissues;explain,interpret,and apply City and departmentalpolicies,rules,proceduresand regulations;plan,organizeand directthe varietyofactivitiesinthePlanningDivision;conductand directstudieson proposeddevelopments and determinewhether theymeet Cityrequirementsand areinaccordwith Citypoliciesrelating to development;developplansdesignedto maintaindepartmentalefﬁciencyand responsiveness; analyzeproblems,identifyalternativesolutions,and projectconsequencesofproposedactionsand implement recommendations in support of goals;gain cooperationthrough discussionand persuasion;prepareand administera budget;supervise,trainand evaluatepersonnel;develop othersthrough coaching,mentoring,and providinggrowth opportunities;effectivelyutilize computer applicationsand technologyrelatedto thework; communicate clearlyand concisely, both orallyand in writing;abilityto establishand maintaineffectiveworking relationshipswith thosecontactedinthecourseofwork.

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Class Speciﬁcation
PlanningManager

Page 3 ends

LICENSES. CERTIFICATIONS, OR SPECIAL RE! ZUIREMENTS
Possessionof a validCaliforniaClassC driver’slicenseor othermeans thatwould allowforthe abilityto commute tomeetings,conductsitevisits,and attendotherspecialeventsthroughoutthe county.
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SENIOR INFORMATION TECHNOLOGY ANALYST
(Unrepresented — Conﬁdential Group)

CITY OF NATIONAL CITY

CLASS SPECIFICATION Approved: February 16,2022

DEFINITION
Under generaldirection,providesfulltechnicalsupportfunctionsforthe City’sInformation Technology (IT)network and communications systems;identiﬁesand resolvesproblems;and maintainscomputer hardware and softwaresystems,technologyinfrastructure,communications equipment,and peripherals;servesas subjectmatterexpertand functionalleadoperatoron IT network,application,and databaseprojects.

DISTINGUISHING CHARACTERISTICS
This isthe advanced journey-levelclassin the InformationTechnology seriesreportingto the InformationTechnology Manager. This classisdistinguishedfrom theInformationTechnology Analyst in thatduties,responsibilities,and assignmentsare more complex and requiregreater independencein decisionmaking and the originalcreativityand responsibilityfororganization and executionof [ong—termprojects.Incumbent may overseeand provideleadershipand guidance on projectscarriedoutby otherstaff.

EXAMPLES OF TYPICAL DUTIES
The followingdutiesand responsibilitiesare representativeof those typicallyperformed by positionsassignedto thisclassiﬁcation.Any singlepositionmay notperform allof theseduties and/ormay perform similarrelatedtasksnotlistedhere.
- Servesas subjectmatterexpertand functionalleadoperatoron IT network,application, and databaseprojects;conductsresearchand performsanalyses;preparesreportsregarding projectfeasibility,equipment utilization,projectplans,and applicationintegration. - Maintains the network infrastructure,resources,access,and securityforthe IT Division; analyzesand resolvesproblems,and veriﬁestheintegrity,security,and effective performanceofthenetwork systems;performswork withinscope of authorityand training,and accordingto IT policiesand procedures.
0 Administers,updates,and maintainsnetwork servers;identiﬁesand deﬁnes network problems,isolateserrors,and implementstechnicalsolutions;works independently,and makes appropriatedecisionsbasedon experienceand training. - Monitors status,functionality,and utilizationof network environment;resolves conﬁguration,connectivityand trafﬁcissues;monitors system ﬁrewalls,and identiﬁes and resolvessecurityand accessissues.
0 Documents allchanges to network environment; assures optimum network performance, system integrity,and maximum uptime;performsbackup and restorefunctions. 0 Maintains work log of servicerequests,equipment malfunctions,softwareerrors,failures, and technicalconﬁgurations;identiﬁesand reportstrendsand technicalproblems that need tobe addressedby improved methodologies,procedures,and policies. 0 Analyzes and resolvestechnicalproblems;notiﬁesmanager and otherIT techniciansof unusualproblems and problem trendsinordertoprovideimproved IT services. - Responds tohelpdesk inquiriesand requestsforInformationTechnology (IT)services.

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Class Speciﬁcation
SeniorInformationTechnology Analyst

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National City City CouncilMarch 15, 2022

National City City Council
March 15, 2022