National City City Council
June 21, 2022

Staff Report – Resolution for CTC Agreement
June 21, 2022

Librarian and Director of Administrative Services concur that the agreement could be presented to City Council for approval.

RECOMMENDATION
Authorize the City Manager to execute an agreement between the City of National City and Columbia Telecommunications Corporation (CTC) for administrative and fiscal services through the California State Library’s Broadband Services Project.

FISCAL IMPACT
Fiscal and administrative costs for CENIC Broadband average $24,240 per year. This amount is budgeted annually for the National City Public Library’s broadband connection costs.

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Master Agreement Page 1 of 6

AGREEMENT BETWEEN CITY OF NATIONAL CITY PUBLIC LIBRARY AND

COLUMBIA TELECOMMUNICATIONS CORPORATION

FOR THE PROVISION, INSTALLATION AND MAINTENANCE OF

ADVANCED NETWORK (DATA) SERVICES

This Agreement, hereinafter referred to as “Agreement”, is entered into as of July 1, 2022 by and between Columbia Telecommunications Corporation d/b/a CTC Technology and Energy, hereinafter referred to as “CTC” and the City of National City, hereinafter referred to as “City”. CTC and City are sometimes referred to in this Agreement individually as “Party” and collectively as “Parties”. All written communications between the parties shall be addressed as follows unless and until amended in writing by the respective party.

City of National City
Joyce Ryan
Library & Community Svcs. Director
1401 National City Blvd.

National City, CA 91950
CTC Technology and Energy
Heather D. Mills
Vice President, Grant & Funding Strategies
10613 Concord Street
Kensington, MD 20895
[email protected]

WITNESS THAT

WHEREAS, CTC, is the Statewide Broadband Access Administrator for the California State Library Broadband Services Project (“Project”); and

WHEREAS, CTC, on behalf of the California State Library, has contracted with the Corporation for Education Network Initiatives in California (“CENIC”) and its subsidiaries to provide high speed networking to libraries in California; and

WHEREAS, City desires to enter into an agreement with CTC to obtain one or more data circuits to connect City to the CENIC high speed broadband fiber network, CalREN, and, if specified in Appendix #1, attached, to connect City to other library sites as identified in said Appendix for the purpose of connecting to CalREN.

NOW THEREFORE, City and CTC enter into this Agreement:

1. Purpose

It is the purpose of this Agreement to set forth the terms and conditions applicable to the provision of communications and related network services to City under the Project.

2. Services to be Provided
Parties understand that the primary communications infrastructure provided by CENIC is the California Research and Education Network ("CalREN"). Services that CENIC will provide to Libraries will include use of CalREN and contracting for and provision of data circuits supplied by network service providers.
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CTC, on behalf of City, will contract with CENIC for such data circuits. Specific circuits and their costs are included in the Appendix #1 attached which may be amended from time to time by mutually signed Addenda (“Services”). CTC assures City that CENIC or CTC will notify City of installation requirements and necessary maintenance instructions. Neither CENIC nor CTC shall be responsible for operating or maintaining software, equipment or cabling that connects equipment or network services not provided by CENIC for the Services unless specifically agreed to in writing by CENIC.

Parties agree to provide notice to the other Party within 10 calendar days of a failure by CENIC or the network service provider to deliver Services, or otherwise comply with the terms as described in this Agreement, including Appendix #1 and subsequent Addenda. If noticed non-performance is not cured in a timely manner, Parties agree to meet within 10 days of said notice and discuss appropriate remedies including but not limited to cancellation of related services or service credits as specified in the underlying agreements between CENIC and its network service provider and CTC and CENIC.

City is responsible for calculating and paying any early termination penalties that might apply due to cancellation of existing connections so that it may receive Services under this Agreement.

City is responsible for completing, signing, and submitting any required Letter of Agency, or related documentation, to confirm its participation in and eligibility for the E-rate Consortia and to authorize CENIC, as the E-rate Consortia lead, to act on its behalf as described under the Letter of Agency for the purpose of securing E-rate discounts.

City is further responsible for completing, signing, and submitting any responsible Letter of Authorization, or related documentation, to the California Public Utilities Commission to authorize CTC and CENIC to act on its behalf to submit an application and supporting documentation for the purpose of receiving discounts on eligible network services as part of the California Teleconnect Fund program.

If City is currently receiving E-rate funding for its existing services, Library remains responsible for continuing to apply for that E-rate funding until all CENIC Services are turned up and existing E- rate supported services are canceled.

3. Term and Termination of this Agreement
(a) TERM OF THIS AGREEMENT. This Agreement shall be in effect from July 1, 2022 until the termination of all Services including the circuits ordered under this Agreement (as defined in Appendix #1: CENIC Circuit Quote and any subsequent Addenda under this Agreement), or unless otherwise terminated by a Party pursuant to the terms of this Agreement. Specific terms for the circuits provided pursuant to this Agreement shall depend on the specific date such circuit is “handed off” to City pursuant to Appendix #1 or subsequent Addenda or as noticed in writing by CENIC to City. (b) TERMINATION. Termination of this Agreement prior to the end date of any given circuit, as described in Appendix #1 or subsequent Addenda, shall result in City paying any applicable circuit telecommunications carrier termination charges or similar early termination charges that CTC incurs under its agreement with CENIC resulting from early termination of the Service.
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(c) Notwithstanding the above, upon a sixty (60) day written notice prior to the second and each following June 30 after a circuit is installed, City may cancel a circuit without penalty if it verifies to CTC and CENIC that funding to pay for that circuit is not available and City agrees that for at least 12 months after said notice it will not order or otherwise obtain a replacement circuit or substantially similar services in place of the cancelled circuit. (d) City may terminate this Agreement with no penalty if non-recurring, one-time costs for all circuits included in Appendix #1 and any subsequent Addenda are materially increased by the telecommunications carrier from the amount shown in Appendix #1. (e) CTC may terminate this Agreement or assign its rights and responsibilities under this Agreement to a third party upon no less than sixty (60) day written notice to City, in the event of termination or expiration of its duties and obligations under the Project and with written approval of the California State Library.

4. Payment
CTC bills quarterly in arrears. Payment for services shall be due within thirty (30) days of receipt of a CTC invoice reflecting provision of the services for which the invoice is sent; or as otherwise agreed to by City and CTC. Except for non-recurring costs, if any, costs in Appendix #1 and any subsequent Addenda shall only begin upon installation of circuit(s). City will put forth reasonable efforts to make payments within thirty (30) days after receipt of invoice. City understands and agrees that CTC will only make payment to CENIC for services upon receipt of related payments from City. If City fails to make payments within thirty (30) days after receipt of invoice, it agrees to pay any reasonable late payment fees incurred by CTC under its agreement with CENIC.

Unless otherwise agreed to between the Parties, all circuit deployment fees, if any as set forth in Appendix #1 and subsequent Addenda are non-cancelable and nonrefundable. Upon termination of this Agreement, or any Services provided under this Agreement, any outstanding circuit deployment fees, outstanding recurring charges, non-recurring fees, applicable circuit termination charges, and applicable early termination penalties, shall become due and payable immediately upon termination.

5. Miscellaneous

(a) CONDITIONS OF USE. City agrees to conform to the CENIC Appropriate Use Policy located at https://cenic.org/network/policies/acceptable-use-policy (revised September 13, 2004) and to any specific conditions of use imposed by network service providers or subcontractors providing communications services to CENIC as may be in force at the time such services are made available, including pursuant to an Addendum to this Agreement. If CENIC, subcontractors, or network service provider conditions of use are modified, City will be notified and if City believes it can no longer conform to their requirements, City shall have one hundred eighty (180) days from the notice of the modification to terminate the affected Service(s) without penalty. City must provide a 30-day written notice of its termination under this provision to CTC and CENIC. If City does not elect to terminate the Service(s), City must conform to the revised conditions of use. If City fails to conform to the revised conditions of use, the Services may be subject to termination upon sixty (60) day notice to City from CTC or CENIC.
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Master Agreement Page 4 of 6
(b) CONFLICTING CLAUSES. If any clause in this Master Agreement is in conflict with a clause in an Addendum to this Agreement, the language in the Addendum shall take precedence only for the service defined in that Addendum. (c) FORCE MAJEURE. Neither Party shall be responsible for performance of its obligations hereunder where prevented, delayed, or hindered by war, riots, embargoes, strikes involving third parties, acts of third party communications service providers, including any local access provider, or of their vendors, or suppliers unrelated to the services offered under this Agreement, acts of unrelated third parties, accidents, cable cuts by third parties not related to services provided under this Agreement, natural disasters, act(s) of God or any other event beyond the reasonable control of the Parties.
(d) GOVERNING LAW. The laws of the State of California shall govern this Agreement. (e) NON-LIBRARY USES: City understands that this agreement covers only library use of CalREN and of circuits provided hereunder and City agrees that no other uses will be made of the services provided herein.

6. Entire Agreement
This Agreement and any Addenda contemporaneously or subsequently executed by the parties constitute the entire Agreement between the parties regarding the subject matter of this Agreement and supersede all prior written or oral agreements with respect to such. This Agreement may not be modified orally, and no modification or amendment shall be binding unless in writing and signed by authorized representatives of both parties.

7. General Provisions

7.1 Nondiscrimination: During the performance of this Agreement,

(a) CTC and its subcontractors shall not deny the Agreement’s benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age (over 40) or sex.

(b) CTC shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

7.2 Severability: It is expressly agreed and understood by the Parties hereto that if any provision of this Agreement is held to be or invalid under any applicable statute or rule of law, it is deemed to that extent to be omitted. However, the balance of the Agreement shall remain in full force and effect.

7.3 Rights and Remedies: The rights and remedies of the Parties provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law.

7.4 Prior Agreements: City agrees that any prior agreements entered into between any entity that previously served as the Broadband Administrator and the City for the purpose of participating in the CENIC E-Rate Consortium or receiving services pursuant to that program has been terminated.

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Master Agreement Page 5 of 6

8. Indemnification. City agrees to indemnify, defend and save harmless CTC, its, officers, agents and employees from any and all claims, losses, and liabilities accruing or resulting to CTC and 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 City in the performance of this Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of City, its officers, agents, or employees. CTC agrees to indemnify , defend, and save harmless City, its trustees, officers, agents and employees from any and all liabilities accruing or resulting to City and 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 CTC in the performance of this Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of CTC, its officers, agents, or employees.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives.

For City of National City For Columbia Telecommunications Corporation Signature Signature
Joanne S. Hovis
Name Name
President
Title Title
Date Date
6/8/22
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Appendix #1
Provision, Installation and Maintenance
Of Advanced Network (Data) Services:

Reimbursement of Circuit Costs

This Appendix lists the circuits contracted for by CENIC on behalf of CTC and the City for connecting CENIC’s fiber optic backbone to City and for library connections that are not direct connections to CENIC’s fiber optic backbone, e.g. direct connections between libraries (defined as “Services” in the Agreement). City understands that CENIC will bill CTC, and CTC will bill City, for the costs of circuits charged by network service providers, including any taxes and surcharges, and any one-time installation fees. Prior to approval of CENIC’s E-rate Consortium Library Application, not all applicable E-rate and CTF discounts will be reflected on invoices.

After the E-rate Application for any given year is approved, the network service provider will coordinate with CENIC to provide appropriate credits and such credits will be passed from CENIC to CTC and from CTC to the City. Such credits are typically issued sometime during the fiscal year after the year in which the circuits are installed and Services are first provided. In subsequent years, credits continue to be issued in the fiscal year after the year for which Services have been provided. City further understands that the exact discounted cost of circuits will not be known until after the E-rate Consortium Library Application is approved. The actual start date of the Service, and therefore of circuit costs, will be dependent on coordination among CENIC, the City and the network service provider. Any one-time (Non-recurring or NRC) costs included below are typically invoiced by carriers prior to circuit installation and will be invoiced to City upon receipt of invoice to CENIC from the network service provider.

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Quote For National City
Customer: National City Public Library
Budget Summary Description: 10 Gbps to Cenic Hubsite
Quote Date:

Quote Expiration:

Contract Number:

Line Item NRC
Non-Recurring Cost
MRC
Monthly Recurring Cost
ARC
Annual Recurring
Cost
1 Equipment $15,700.00 $0.00 $0.00
2 Maintenance $0.00 $0.00 $1,660.00
3 Installation $6,360.00 $0.00 $0.00
4 Circuit $0.00 $1,890.00 -
Total $22,060.00 $1,890.00 $1,660.00
Annual Cost $24,340.00
E-rated Annual Cost† $2,794.00
Total for Year 1 $46,400.00
E-rated Total for Year 1† $23,194.00
*Pricing does not include applicable taxes, surcharges, and fees. These costs may vary and will be included in invoices at CENIC’s actual cost.
*If an Out of Band line is required, customer must provide a phone line for OOB or allow CENIC to order one and be reimbursed for both the one-time installation and ongoing monthly recurring costs. *NRC items are one-time costs billed upon execution of contract. *MRC items are billed quarterly.
†E-rate discount: percent discount indicated is an estimate based on data available at the time the quote was generated. Actual discount percentage will be identified by the E-rate authorities at a later point †E-rate and CTF reimbursements are dependent upon the continued funding of these programs. CENIC/Califa cannot guarantee the E-rate and CTF discounts, and these discounts are subject to change. †E-rate Costs may take up to 18 months to activate due to USAC processing time Version: 1.0
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National City Carrier Costs
*Pricing does not include applicable taxes, surcharges, and fees. These costs may vary and will be included in invoices at CENIC’s actual cost.

E-rate discount: percent discount indicated is an estimate based on data available at the time the quote was generated. Actual discount percentage will be identified by the E-rate authorities at a later point LOC A** Carrier Info E-rate Discount90.00%Total Discounted MRCTotal Discounted NRC Site Name Site NameService ProviderService Type Requested BandwidthEst Contract End Date Non Recurring Cost MRC for 5 year term Discounted NRCDiscounted MRC$94.50 $0.00 National City Public Library - National City Public LibraryCenic Hubsite AT&T Lit Circuit10Gbps 7/1/2025($ -  ) ($ 1,890.00) $0.00 $94.50 381 of 582

STATE FUNDED GRANTS

AWARD AGREEMENT AND

CERTIFICATE OF COMPLIANCE
DocuSign Envelope ID: DF222F26-7CBF-4985-948D-62BA56DBE86E 382 of 582
CTC Technology and Energy
Statewide Broadband Access Administrator
2021-2022 BB21-01

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
Authorized Representative Signature 26
EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES

27 DocuSign Envelope ID: DF222F26-7CBF-4985-948D-62BA56DBE86E 383 of 582
CTC Technology and Energy
Statewide Broadband Access Administrator
2021-2022 BB21-01

PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and Columbia
Telecommunications Corporation for the Statewide Broadband Access Administrator Project.

AWARD AGREEMENT NUMBER [BB21-01]
This Award Agreement (“Agreement”) is entered into on April 4, 2022 by and between the California State Library (“State Library”) and Columbia Telecommunications Corporation d/b/a CTC Technology and Energy, (“Grantee”).

This Award Agreement pertains to Grantee’s State-funded Statewide Broadband Access Administrator 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 $950,000 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:

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CTC Technology and Energy
Statewide Broadband Access Administrator
2021-2022 BB21-01

PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins on April 4, 2022 and ends December 31, 2023. 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 December 31, 2023, 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 Statewide Library Broadband Services program.

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. Payments shall not DocuSign Envelope ID: DF222F26-7CBF-4985-948D-62BA56DBE86E 385 of 582
CTC Technology and Energy
Statewide Broadband Access Administrator
2021-2022 BB21-01

exceed the total grant amount identified in this Agreement, unless pre-approved in writing by the State Library and/or a change in the scope of work is necessary 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 (All)
Develop reports in consultation with the State Library to present to the Department of Finance and the Legislature. All prepared materials must be fully WCAG-compliant for inclusion on the State Library’s website.

March 1,
Annually
As Needed
Provide year-to-date summary statements of funds and a summary listing of:
 Original and current budget allocations.
 Past and present expenditures.
 Open commitments and free balances according to generally accepted accounting principles and subject to audit.
 A summary of any project risks or issues from the administrator’s perspective should also be included in the reports.
 Breakdown of expenditures by category.

Twice yearly,
March and
September
Collect data related to network connectivity, use and performance.  Project future needs to provide adequate network capacity.  Coordinate with libraries to determine growth based on programmatic changes.
 Identify and report on barriers to connectivity at library sites.

Twice yearly,
March and
September
As Needed
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CTC Technology and Energy
Statewide Broadband Access Administrator
2021-2022 BB21-01

 Propose solutions to overcome barriers to connectivity and adoption.  Coordinate with libraries and other funded entities to identify the impact of funded projects.

Provide recommendations for new library locations, circuits, or upgrades for annual E-rate cycle.

May 31,
Annually
Project Closeout Reports (All)
Final Report
The Administrator shall prepare and submit a Final Report (per a template provided by the State Library) documenting Agreement results for each role, as the term is completed. The Final Report shall include the following:
 Summary of all tasks and activities.
 Deliverables.
 Milestone accomplishments.
 Lessons learned.
 Actual expenditures versus planned expenditures.

Thirty (30)
calendar days
prior to end of
Agreement

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 C) and the Financial Claim form (included in your award packet), to the California State Library within 30 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement 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.

DocuSign Envelope ID: DF222F26-7CBF-4985-948D-62BA56DBE86E 387 of 582
CTC Technology and Energy
Statewide Broadband Access Administrator
2021-2022 BB21-01

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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CTC Technology and Energy
Statewide Broadband Access Administrator
2021-2022 BB21-01

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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CTC Technology and Energy
Statewide Broadband Access Administrator
2021-2022 BB21-01

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 DocuSign Envelope ID: DF222F26-7CBF-4985-948D-62BA56DBE86E 390 of 582
CTC Technology and Energy
Statewide Broadband Access Administrator
2021-2022 BB21-01

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 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:

CTC Technology and Energy
Heather Mills
10613 Concord Street
Kensington, MD 20895
[email protected], 301-933-1488

California State Library
Hilary Amnah
900 N Street
Sacramento, CA 95814
[email protected]

10. 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.

11. 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 directly or indirectly employed by any of them as it is for the acts and omissions DocuSign Envelope ID: DF222F26-7CBF-4985-948D-62BA56DBE86E 391 of 582
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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.

12. 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.

13. 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.

14. 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.

15. 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.

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

17. 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.

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

19. 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.

20. Failure to Perform: The grant being utilized by the Grantee is to benefit libraries throughout California and the individuals they serve. 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.

21. 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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c. Withhold Federal or State income taxes from Grantee’s payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

22. 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.

23. 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.

24. 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.

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

26. 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.

27. 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: DF222F26-7CBF-4985-948D-62BA56DBE86E 394 of 582
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the California State Library may find necessary to assure the correctness and verification of such reports.

28. 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. The State Library will provide Grantee with basic knowledge regarding processes and procedures and the manner required of it to execute its duties per the grant scope.

29. 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.

30. 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 but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Grantee, its officers, agents, or employees.

31. 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:

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

32. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations.

The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $950,000 and shall be expended/encumbered in the designated 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 for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted 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.

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

34. 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 because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment 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 or standards 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 DocuSign Envelope ID: DF222F26-7CBF-4985-948D-62BA56DBE86E 396 of 582
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shall require ascertaining compliance with this clause. Grantee, and it’s contractors, and subcontractors shall give written notice of their obligations 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.

35. 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 of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign 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.
c. Grants Management System: When sent via / uploaded to the California State 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 stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement.

36. 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 Agreement 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 inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline) DocuSign Envelope ID: DF222F26-7CBF-4985-948D-62BA56DBE86E 397 of 582
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g. All other attachments hereto, including any that are incorporated by reference.

37. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs 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 Grantee’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 Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed 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 schedule included in this agreement
d. The Awardee shall submit invoices and claim forms against the grant award amount as work on deliverables is completed.
e. Upon receipt and approval of the Deliverable(s), the State Library agrees to compensate Administrator for actual expenditures incurred in accordance with the Application and Cost Worksheet submitted by CTC. f. Requests for payment, invoices and claim forms shall be submitted no more than once a month and/or upon State Library acceptance of a Deliverable(s). All requests must include the following:

1. Invoice/claim form with the Agreement number.

2. A certification statement that is signed by the Awardee, attesting to the accuracy of the invoice data and includes the organization official’s phone number and email address.

3. Copies of signed Deliverable Acceptance Documents (whether deliverable is in whole or in part) for all invoiced Deliverables. g. Invoices shall be submitted electronically via email.

1. Invoices shall be emailed to: [email protected].

2. Electronic submissions must:
i. Contain the following in the Subject line:

1. Organization Name
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2. Agreement number

3. Invoice number

3. Be in PDF format and include all of the supporting documentation as required in this Agreement.

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

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

39. 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 employee is entitled, unless otherwise specified in Exhibit D.

40. 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 Project.

41. 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.

42. 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.

43. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that 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 for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.

44. 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 DocuSign Envelope ID: DF222F26-7CBF-4985-948D-62BA56DBE86E 399 of 582
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advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.

45. 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 grant program 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 evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.

46. 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 of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

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

48. Reports and Claims: It is the responsibility of the recipient of these instructions to see that the proper individual to supply the required reports and claims receives the instructions and makes the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting project expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following DocuSign Envelope ID: DF222F26-7CBF-4985-948D-62BA56DBE86E 400 of 582
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mentioned dates for payment, and the California State Library agrees to reimburse the Grantee as soon thereafter as State fiscal procedures will permit.
d. In-full payments are typically made for awards totaling $20,000 or less. e. Funding for awards totaling more than $20,000 is issued in three payments following a 45%/45%/10% payment schedule, unless an exception has been made.
f. The final 10% of the grant award (if applicable) is payable only if the Grantee fulfills all project reporting requirements and returns all unspent funds.
g. Payment will be provided to cover the expenditures incurred by the Grantee for the project in the following manner:
o $427,500 upon execution of the agreement and submission of claim by fiscal agent
o If applicable, second payment will be made after the submission and approval of the first reports and receipt of claim form in the amount of $427,500
o If applicable, final payment will be made upon approval of all final reports and receipt of claim form in the amount of $95,000

49. 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 vendors are invited to compete for an entity’s business and the entity chooses the lowest of 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 indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

50. 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.

51. 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 work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, DocuSign Envelope ID: DF222F26-7CBF-4985-948D-62BA56DBE86E 401 of 582
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but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.

52. 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 Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall 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 California State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.

53. 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.

54. 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 proposal outcomes or deliverables are materially incomplete by the end-of- term or earlier termination, as determined by the State Library in its sole discretion.

55. 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 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 DocuSign Envelope ID: DF222F26-7CBF-4985-948D-62BA56DBE86E 402 of 582
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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.

56. 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.

57. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, 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 Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

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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 Agreement 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 Grantee 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 the California State Library, for an award of funds in the amount $950,000. 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, Title 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 prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
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2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company'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 Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor 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, the California 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 agency, unless the employment, activity or enterprise is required as a condition 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 or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

DocuSign Envelope ID: DF222F26-7CBF-4985-948D-62BA56DBE86E 405 of 582
CTC Technology and Energy
Statewide Broadband Access Administrator
2021-2022 BB21-01

If Contractor violates any provisions of above paragraphs, such action by Contractor 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: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance 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 governing 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 requirements 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 adopts 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 continuing 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 convicted 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 California 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: DF222F26-7CBF-4985-948D-62BA56DBE86E 406 of 582
CTC Technology and Energy
Statewide Broadband Access Administrator
2021-2022 BB21-01

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:

GRANTEE AUTHORIZED REPRESENTATIVE
Name: Title:

Email: Phone:

Signature: Date:

DocuSign Envelope ID: DF222F26-7CBF-4985-948D-62BA56DBE86E CTC Technology & Energy
10613 Concord Street
Kensington, MD 20895
301-933-1488
Columbia Telecommunications Corporation
d/b/a CTC Technology & Energy
President
4/14/2022
301-933-1488
Joanne S. Hovis
[email protected]
[email protected]
Heather Mills
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CTC Technology and Energy
Statewide Broadband Access Administrator
2021-2022 BB21-01

Authorized Representative Signature

ORGANIZATION
Name: Address (official and complete):

AUTHORIZED REPRESENTATIVE
Signature: Date:

Printed Name of Person Signing: Title:

STATE OF CALIFORNIA
Agency Name:

California State Library
Address:
900 N Street
Sacramento, CA 95814
Signature: Date:

Printed Name of Person Signing:

Greg Lucas
Title:

State Librarian

DocuSign Envelope ID: DF222F26-7CBF-4985-948D-62BA56DBE86E Columbia Telecommunications Corporation
d/b/a CTC Technology & Energy
CTC Technology & Energy
10613 Concord Street
Kensington, MD 20895
Joanne S. Hovis
President
4/14/2022
4/14/2022
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CTC Technology and Energy
Statewide Broadband Access Administrator
2021-2022 BB21-01

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: DF222F26-7CBF-4985-948D-62BA56DBE86E 409 of 582
RESOLUTION NO. 2022 -

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

CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT

BETWEEN THE CITY OF NATIONAL CITY AND COLUMBIA

TELECOMMUNICATIONS CORPORATION (CTC) TO PROVIDE ADMINISTRATIVE

AND FISCAL SERVICES IN CONJUNCTION WITH THE CALIFORNIA STATE LIBRARY’S BROADBAND SERVICES PROJECT

WHEREAS, the High -Speed Broadband in California Libraries project aims at bringing high-speed broadband to all California public libraries by connecting them to CalREN, a high -capacity 3,800 -mile fiber -optic based network designed to meet the unique requirements of over 20 million users, including the vast majority of K-20 students together with educators, researchers and others working in California’s public -serving institutions; and

WHEREAS, the California State Library conducted a Request for Proposals to administer the Broadband Services Project and awarded the service to Columbia Telecommunications Corporation (CTC); and

WHEREAS, City staff recommends City Council approve the agreement between the City and CTC in order to facilitate the administration of th e High-Speed Broadband Project within the National City Public Library.

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

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

Section 1: Authorizes the City Manager to execute an agreement between the City of National City and Columbia Telecommunications Corporation (CTC) to provide administrative and fiscal services in conjunction with the California State Library’s Broadband Services Project.

Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. 410 of 582

Resolution No. 2022 –
Page Two

PASSED and ADOPTED this 21st day of June, 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 Mayor to execute an agreement between the City of National City and EXOS Community Services, LLC, extending the term of the agreement to December 31, 2022 to provide aquatic programs and services at Las Palmas Pool located at 1800 East 22nd Street. (Library and Community Services)
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City Council Staff Report

June 21, 2022

ITEM
Resolution of the City Council of the City of National City, California authorizing the Mayor to execute an agreement between the City of National City and EXOS Community Services, LLC, extending the term of the agreement to December 31, 2022 to provide aquatic programs and services at Las Palmas Pool located at 1800 East 22nd Street.

BACKGROUND
The City Council approved a one-year agreement with EXOS Community Services, LLC, on June 16, 2020 following a closure due to COVID. The First Amendment to the Agreement was approved by City Council on June 15, 2021 extending the term of the agreement to June 30, 2022.

EXPLANATION
EXOS Community Services, LLC has provided aquatics programs and services at Las Palmas Pool since 2015. They have continued in that role since then, with the exception of a short period of closure due to COVID.

On October 19, 2021, the City Council approved the emergency repairs to Las Palmas Pool. The pool widening project was approved on February 1, 2022, and the new Las Palmas Pool Wellness Center was approved at the February 15, 2022 meeting. During this time, EXOS staff have contributed valuable information and insight into pool operations, assisting staff and consultants with their knowledge.

The pool closed to the public on May 7, 2022 in anticipation of construction and many pool staff found other employment. However, with the construction delay, there may be an opportunity to host lifeguarding courses and/or CPR courses during the summer, as there is currently a nationwide shortage of lifeguards.1 The amended costs during this six-month period would also enable the current site manager to assist with the following duties:

 Weekly meetings with City staff regarding the new pool building and pool repairs  Social media and email updates to public monthly
 Responding to public queries
 Communicating with rental groups and completing contracts in advance of reopening

1 https://www.npr.org/2022/06/05/1102951892/nationwide-lifeguard-shortage-affects-third-of- pools
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Staff Report – Resolution for EXOS Second Amendment
June 21, 2022

 Public outreach at city events for programming once the pool reopens  Researching Grant funding for swim lessons and swim team  Coordinate with city maintenance team on repairs needed to be completed around the facility before reopening
 Create staffing/recruitment excitement and communication well in advance of re-opening to ensure and secure staff.
 Prepare pool schedules for reopening, including lap swim, swim lessons, group exercise, etc.
 Organize pool equipment and chemical storage in preparation for reopening; ensure locker rooms are free of nesting animals

Staff are anticipating the reopening of the pool in Spring 2023 and will be working on a 5-year agreement with EXOS to be sent to Council for review and approval in Fall 2022. By that time, construction will be underway and the timeline for reopening will be more in focus.

RECOMMENDATION
Authorize the Mayor to execute an agreement between the City of National City and EXOS Community Services, LLC, extending the term of the agreement to December 31, 2022 to provide aquatic programs and services at Las Palmas Pool located at 1800 East 22nd Street.

FISCAL IMPACT
This is a not-to-exceed cost of $50,000. Revenues and expenditures for pool operations were included in the FY23 budget with $85,000 allocated for revenues and $75,000 allocated for expenditures. This was based off of one quarter of the appropriations from the prior year.

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Exhibit B
July 2022 - December 2022
Las Palmas Pool Budget
2022 2022 2022 2022 2022 2022 Budget Q1/2 Fiscal 22/23
July August September October November December Totals
Expenses
Payroll and Staffing Expenses
Salary-Managers 5,350.00 5,350.00 5,350.00 5,350.00 5,350.00 5,350.00 $32,100.00 Wages-Guards for recreational swim and lessons* 0.00 0.00 0.00 0.00 $0.00 Wages-Administrative staff for recreational swim/public access 0.00 0.00 0.00 0.00 $0.00 Wages- Masters 0.00 0.00 0.00 0.00 $0.00
Wages-Swim Team 0.00 0.00 0.00 0.00 $0.00
Wages-Courses/Certification/Clinics 0.00 0.00 0.00 0.00 $0.00 Wages-Guards for Sweetwater Unified High School District programs 0.00 0.00 0.00 0.00 $0.00 Wages-Guards for Rental Groups 0.00 0.00 0.00 0.00 $0.00 Wages-Aquatic Group Exercise Classes 0.00 0.00 0.00 0.00 $0.00 Payroll Burden-24% of payroll 1,284.00 1,284.00 1,284.00 1,284.00 1,284.00 1,284.00 $7,704.00 Sub-Total 6,634.00 6,634.00 6,634.00 6,634.00 6,634.00 6,634.00 $39,804.00 Marketing and Administrative Costs
Adv & Mktg-Other 0.00 0.00 0.00 0.00 0.00 0.00 $0.00
Dues & Membership 215.00 215.00 215.00 215.00 215.00 215.00 $1,290.00 Meeting Expense (manadatory monthly staff meetings) 0.00 0.00 0.00 0.00 $0.00 Uniforms 0.00 0.00 0.00 0.00 $0.00
Locker Room Supplies/Janitorial 0.00 0.00 0.00 0.00 $0.00 Office Supplies & Expenses 0.00 0.00 0.00 0.00 $0.00
Travel-Mileage Reimbursement/Parking/Tolls 0.00 0.00 0.00 0.00 $0.00 Program Supplies & Expenses 0.00 0.00 0.00 0.00 $0.00
Sub-Total 215.00 215.00 215.00 215.00 215.00 215.00 $1,290.00 Base Management Fee 1,365.00 1,365.00 1,365.00 1,365.00 1,365.00 1,365.00 $8,190.00 Sub Total Expenses 8,214.00 8,214.00 8,214.00 8,214.00 8,214.00 8,214.00 $49,284.00 Las Palmas Pool Budget
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RESOLUTION NO. 2022 -

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

CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT

TO THE SERVICE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND

EXOS COMMUNITY SERVICES, LLC, EXTENDING THE TERM OF THE AGREEMENT TO DECEMBER 31, 2022 TO PROVIDE AQUATIC PROGRAMS AND SERVICES AT LAS PALMAS POOL LOCATED AT 1800 EAST 22ND STREET.

WHEREAS, on July 18, 2020, the City of National City (“City”) entered into an agreement with EXOS Community Services, LLC to provide aquatic programs and services at Las Palmas Pool located at 1800 East 22 nd Street for a term of one (1) year ending June 30, 2021; and
WHEREAS, the parties extended the terms of the Length of the Agreement by entering into the First Amendment to the Agreement for the term of July 1, 2021, to June 30, 2022; and
WHEREAS, City staff recommends City Council approve a Second Amendment to the Agreement between the City and EXOS Community Services, LLC, by extending the term of the Agreement to July 1, 2022, through December 31, 2022.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NA TIONAL CITY,

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

Section 1: Authorizes the Mayor to execute a second amendment to the Agreement between the City of National City and EXOS Community Services, LLC, extending the term of the Agreement to July 1, 2022 , through December 31, 2022 , to provide aquatic programs and services at Las Palmas Pool located at 1800 East 22 nd Street.

Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions. 431 of 582

Resolution No. 2022 –
Page Two

PASSED and ADOPTED this 21st day of June, 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 appropriation of additional fund in amount of $148,934.25 (Supplement #71) for Phase II – Implementation phase of Paradise Creek Mitigation at Kimball Way project, reimbursable through the Hazard Mitigation Grant Program approved by the Federal Emergency Management Agency (FEMA); 2) establishing corresponding revenue and expenditure accounts; and 3) committing to providing a local match of $49,644.75 (Supplement #71). (Engineering/Public Works)
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RESOLUTION NO. 2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AUTHORIZING THE APPROPRIATION OF ADDITIONAL FUND S IN AMOUNT OF $148,934.25 (SUPPLEMENT #71) FOR PHASE II – IMPLEMENTATION

PHASE OF PARADISE CREEK MITIGATION AT KIMBALL WAY PROJECT,

REIMBURSABLE THROUGH THE HAZARD MITIGATION GRANT PROGRAM APPROVED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA); 2) ESTABLISHING CORRESPONDING REVENUE AND EXPENDITURE ACCOUNTS; AND 3) COMMITTING TO PROVIDING A LOCAL MATCH OF $49,644.75 (SUPPLEMENT #71)

WHEREAS, on November 1, 2017, the City of National City ("City") Engineering and Public Works Department submitted a proj ect proposal for a California Governor's Office of Emergency Services ( "CalOES") grant to improve Paradise Creek between Highland Avenue and Kimball Way; and

WHEREAS, on March 19, 2019, City staff was notified by CalOES that it had been awarded Federal funding for Phase 1 of the project in the amount of $143,685.00, which required a local match of $47,895.00, resulting in a total project cost of $191,580.00. and

WHEREAS, Phase 1 included a field survey, geotechnical analysis, stream modeling, environmental review, and engineering design and permits; and

WHEREAS, on June 18, 2019, the City Council authorized the appropriation of grant funding for Phase 1 of the project, which was completed on July 19, 2020; and

WHEREAS on September 8, 2020, City staff was notified by CalOES that the City had been awarded Federal funding for Phase 2 - Implementation phase of the project in an amount of $456,296.25, which required a local match of $152,098.75, resulting in a Phase 2 cost of $608,395.00, however, on November 2, 2020, City staff requested additional funds from CalOES for this phase of the project since the awarded funding was not sufficient to complete the proposed improvements; and

WHEREAS, on February 25, 2021, City staff wa s notified by CalOES that the requested additional funding for Phase 2, the implementation phase of the project , was approved in the amount of $194,255.25, with a corresponding local match of $64,751.75; and

WHEREAS, the updated project cost estimate per the grant agreement, incorporating the additional funds, is $650,551.50 in federal grant funds with a local match of $216,850.50, for a total Phase 2 estimate of $867,402.00; and

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Resolution No. 2022 –
Page Two

WHEREAS, on April 20, 2021, City Council authorized the appropriation of $$650,551.50 in federal grant funds with a local match of $216,850.50 and established corresponding revenue and expenditure accounts; and

WHEREAS, on April 1, 2022, City staff was notified by CalOES that the requested additional funding for Phase 2, the implementation phase of the project, was approved in the amount of $148,934.25, with a corresponding local match of 49,644.75; and

WHEREAS, the updated project cost estimate per the grant agreement, incorporating the additional funds, is $943,170.75 in federal grant funds and a local match of $314,390.25, for a total Phase 2 estimate of $1,065,981.00; and

WHEREAS, City staff is requesting that City Council authorizes the appropriation of the additional fund in the amount of $148,934.25 (Supplement #71) for Phase II – Implementation phase of Paradise Creek Mitigation at Kimball Way project, reimbursable through the Hazard Mitigation Grant Pr ogram approved by the Federal Emergency Management Agency ("FEMA");and

WHEREAS, City staff further requests that City Council authorizes the establishment of corresponding revenue and expenditure accounts and Commits to provide a local match of $49,644.75.

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

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

Section 1: Authorizes the appropriation of the additional fund in the amount of $148,934.25 (Supplement #71) for Phase II – Implementation phase of Paradise Creek Mitigation at Kimball Way project, reimbursable through the Hazard Mitigation Grant Program approved by the Federal Emergency Management Agency ("FEMA").

Section2: Authorizes the establishment of corresponding revenue and expenditure accounts.

Section 3: Commits to providing a local match of $49,644.75 (Supplement #71).

Section 4 : That the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

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Resolution No. 2022 –
Page Three

PASSED and ADOPTED this 21st day of June, 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, 1) accepting the Clean California Local Grant; 2) authorizing the City Manager or designee to execute the grant agreement for the National City Eastside I-805 Community Greenbelt Project in the amount of $4,998,761; and 3) approving the establishment of an Engineering Grant Funds Appropriation of $4,998,761 and corresponding revenue budget to allow for reimbursement of eligible project expenditures. (Engineering/Public Works)
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DIVISION ST
4TH ST
Interstate 805
Proposed Project Concept Plans: Section 1
National City Caltrans Clean California Program
High-visibility crosswalks;
Class 3 bike route w/
green-back sharrows
Pedestrian hybrid
beacon and high-
visibility crosswalks;
entry monument and
wayfinding signage
El Toyon
Elementary
School
Rancho de
la Nacion
Elementary
School
El Toyon
Park
Entry monument and
wayfinding signage
Entry monument and
wayfinding signage
Class 1 multi-use
path with landscape
improvements
Granger Hall
Community Plaza;
includes decorative
paving, landscaping,
interpretive signage,
seating, and shading
Class 1 multi-use
path with landscape
improvements
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4TH ST
8TH ST
Interstate 805
Interstate 805
Proposed Project Concept Plans: Section 2
National City Caltrans Clean California Program
El Toyon
Park
Class 1 multi-
use path with
landscape
improvements
Class 1 multi-use
path with landscape
improvements
Class 1 multi-use
path with landscape
improvements
RRFB with high-
visibility crosswalks
and wayfinding signage
High-visibility crosswalks;
Class 3 bike route with
green-back sharrows
Entry monument and
wayfinding signage
Entry monument and
wayfinding signage
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8TH ST

PLAZA BLVD
Interstate 805
Proposed Project Concept Plans: Section 3
National City Caltrans Clean California Program
Class 1 multi-use
path with landscape
improvements
Class 1 multi-use
path with landscape
improvements
Add planted parkway w/
street trees, drought-
tolerant landscaping,
and wayfinding signage
RRFB with high-
visibility crosswalks
and wayfinding signage
Add missing sidewalks,
high-visibility crosswalks
and wayfinding signage
Add high-visibility
crosswalks and
wayfinding signage
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PLAZA BLVD

EUCLID ST
Proposed Project Concept Plans: Section 4
National City Caltrans Clean California Program
Add planted parkway w/
street trees, drought-
tolerant landscaping,
and wayfinding signage
Add planted parkway w/
street trees, drought-
tolerant landscaping,
and wayfinding signage
Community Plaza (dedicated to
Filipino community); includes
decorative paving, landscaping,
fencing, wayfinding signage,
and interpretive signage
Add missing sidewalk,
high-visibility
crosswalks and
wayfinding signage
Add high-visibility
crosswalks and
wayfinding signage Add high-visibility
crosswalks and
wayfinding signage
Class 1 multi-use
path with landscape
improvements
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RESOLUTION NO. 2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) ACCEPTING THE CLEAN CALIFORNIA LOCAL GRANT; 2)

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE GRANT AGREEMENT FOR THE NATIONAL CITY EASTSIDE I -805 COMMUNITY GREENBELT PROJECT IN THE AMOUNT OF $4,998,761; AND 3) APPROVING THE

ESTABLISHMENT OF AN ENGINEERING GRANT FUNDS APPROPRIATION OF $4,998,761 AND CORRESPONDING REVENUE BUDGET TO ALLOW FOR

REIMBURSEMENT OF ELIGIBLE PROJECT EXPENDITURES

WHEREAS, on February 1, 2022, the City of National City (”City”) submitted a grant application in the amount of $4,998,761 for the Clean California Local Grant Program (“Project”); and

WHEREAS, the Project is a combination of the public right-of-way, multi-use path, and local park improvements located in the City along the east side of Interstate 805 between Division Street and Plaza Boulevard; and

WHEREAS, the Project addresses ongoing issues related to waste debris, under- utilized public right-of-way, safety, and comfort and is intended to implement a greenbelt for the neighborhoods on the east side of Interstate 805 between Alpha Street and Sweetwater Bike Path; and

WHEREAS, the P roject will also improve connections to El Toyon Elementary School, Rancho de la Nacion Elementary School, El Toyon Park, and local shopping centers; and

WHEREAS, on March 8, 2022, the State of California’s Department of Transportation notified the City that National City Eastside I -805 Community Greenbelt Project had been awarde d a grant award of $4,998,761 with a $20,000 in -kind contribution of City staff for a total project cost of $5,018,761; and

WHEREAS, City’s staff requests City Council (1) accept the grant agree ment execution and authorize the City Manager or designee to execute the grant agreement for the National City Eastside I -805 Community Greenbelt Project in the amount of $4,998,761; and

WHEREAS, City staff further requests that the City Council authorize the establishment of an Eng ineering Grants Fund appropriation of $4,998,761.00 and corresponding revenue and expenditure budgets to allow for reimbursement of eligible project expenditures through the State of California’s Department of Transportation (CALTRANS).

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

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

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Resolution No. 2022 –
Page Two

Section 1: Accepts the Clean California Local Grant.

Section 2 : Authorizing the City Manager or designee to execute the grant agreement for the National City Eastside I -805 Community Greenbelt Project in the amount of $4,998,761.

Section 3: Approving establishing an Engineering Grant Funds Appropriation of $4,998,761 and correspondin g revenue budget to allow for reimbursement of eligible project expenditures.

Section 4 : 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 21st day of June, 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, 1) authorizing the filing of a Strategic Growth Council Transformative Climate Communities (TCC) Planning Grant application in the amount of $300,000; 2) authorizing the City Manager or designee to execute the grant agreement if selected for funding; and 3) if selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $300,000 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the program. (Engineering/Public Works)
Please scroll down to view the backup material.
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RESOLUTION NO. 2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AUTHORIZING THE FILING OF A STRATEGIC GROWTH COUNCIL

TRANSFORMATIVE CLIMATE COMMUNITIES (TCC) PLANNING GRANT APPLICATION IN THE AMOUNT OF $300,000; 2) AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO EXECUTE THE GRANT AGREEMENT IF SELECTED FOR FUNDING; AND 3) IF SELECTED FOR FUNDING, APPROVING THE

ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $300,000 AND CORRESPONDING REVENUE BUDGET TO ALLOW F OR

REIMBURSEMENT OF ELIGIBLE PROJECT EXPENDITURES THROUGH THE

PROGRAM

WHEREAS, the Strategic Growth Council Transformative Climate Communities (“TCC”) Planning Grant was established by Assembly Bill 2722 in 2016 and since then, has allowed 18 communitie s across the State to fund the development and implementation of neighborhood-level, climate-resilient, transformative plans that provide economic, environmental, and health benefits to the state’s most disadvantaged communities; and

WHEREAS, the TCC Planning Grant is a $300,000 two-year grant term that would allow the City of National City (“City”) to identify potential projects in a five -square mile area in National City; and

WHEREAS, the City can leverage this TCC Planning Grant to identify projects that are supported by the community and that address inequities associated with environmental injustices, socioeconomic disparities, and challenges with creating a healthy community and quality of life; and

WHEREAS, projects may include, but are not limited to:

1. Equitable Housing and Neighborhood Development

2. Land Acquisition for Affordable Housing

3. Transit Access and Mobility

4. Solar Installation

5. Health and Well-being

WHEREAS, the City has identified a contiguous area located along the southern half of the C ity’s boundaries that would include the waterfront in the west, a mix of residential, industrial, and commercial land uses in the center, and residential and commercial land uses in the east; and

WHEREAS, t his geographic area, which meets the demographic and disadvantaged community requirements, would best match the interests that have been expressed in the community as well as allow the City to adjust the limits of the study area if the planning grant is awarded; and

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Resolution No. 2022 –
Page Two

WHEREAS, City staff is requesting authorization to file the Strategic Growth Council Transformative Climate Communities Planning Grant (“TCC Planning Grant”) and recommends City Council d elegate the authority to the City Manager or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope.

NOW, THEREFORE, THE CITY COUN CIL OF THE CITY OF NATIONAL CITY,

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

Section 1: Authorizes the filing of a Strategic Growth Council Transformative Climate Communities (“TCC”) Planning Grant application in the amount of $300,000.

Section 2 : Authorizes the City Manager or designee to execute the grant agreement if selected for funding.

Section 3: If selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $300,000 and correspondin g revenue budget to allow for reimbursement of eligible project expenditures through the program.

Section 4 : 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 21st day of June, 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: Warrant Register #44 for the period of 4/29/22 through 5/05/22 in the amount of $2,565,763.27. (Finance) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
ITEM TITLE:

DEPARTMENT:

PHONE:

EXPLANATION: APPROVED BY:

AGENDA ITEM NO.:MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: FINANCE
ORDINANCE: INTRODUCTION
ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:

FINAL ADOPTION
APPROVED: MIS
PREPARED BY:

Warrant Register # 44
Ratify Warrants Totaling $2,565,763.27.

This is not a project and, therefore, not subject to environmental review.

Warrant total $2,565,763.27.

Per Government Section Code 37208, below are the payments issued for period 4/29/22 - 5/05/22.

Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
Axon Enterprise Inc 357866 102,967.95 Professional Evidence U nlimited Storage 619-336-4572 FinanceKarla Apalategui, Senior Accountant Assistant Warrant Register #44 for the period of 4/29/22 through 5/05/22 in the amount of $2,565,763.27. (Finance)
June 21, 2022
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
ANDERSON RETIREE HEALTH BENEFITS - MAY 2022 357775 5/5/2022 110.00 BEARD RETIREE HEALTH BENEFITS - MAY 2022 357776 5/5/2022 70.00 BECK RETIREE HEALTH BENEFITS - MAY 2022 357777 5/5/2022 140.00 BEVERIDGE RETIREE HEALTH BENEFITS - MAY 2022 357778 5/5/2022 640.00 BISHOP RETIREE HEALTH BENEFITS - MAY 2022 357779 5/5/2022 110.00 BOEGLER RETIREE HEALTH BENEFITS - MAY 2022 357780 5/5/2022 260.00 BULL RETIREE HEALTH BENEFITS - MAY 2022 357781 5/5/2022 580.00 CAMEON RETIREE HEALTH BENEFITS - MAY 2022 357782 5/5/2022 400.00 CANEDO RETIREE HEALTH BENEFITS - MAY 2022 357783 5/5/2022 620.00 CARRILLO RETIREE HEALTH BENEFITS - MAY 2022 357784 5/5/2022 290.00 COLE RETIREE HEALTH BENEFITS - MAY 2022 357785 5/5/2022 165.00 COLLINSON RETIREE HEALTH BENEFITS - MAY 2022 357786 5/5/2022 420.00 CONDON RETIREE HEALTH BENEFITS - MAY 2022 357787 5/5/2022 280.00 CORDERO RETIREE HEALTH BENEFITS - MAY 2022 357788 5/5/2022 520.00 DALLA RETIREE HEALTH BENEFITS - MAY 2022 357789 5/5/2022 900.00 DANESHFAR RETIREE HEALTH BENEFITS - MAY 2022 357790 5/5/2022 250.00 DEESE RETIREE HEALTH BENEFITS - MAY 2022 357791 5/5/2022 660.00 DESROCHERS RETIREE HEALTH BENEFITS - MAY 2022 357792 5/5/2022 110.0 0 DIAZ RETIREE HEALTH BENEFITS - MAY 2022 357793 5/5/2022 680.00 DILLARD RETIREE HEALTH BENEFITS - MAY 2022 357794 5/5/2022 480.00 DREDGE RETIREE HEALTH BENEFITS - MAY 2022 357795 5/5/2022 250.00 DUONG RETIREE HEALTH BENEFITS - MAY 2022 357796 5/5/2022 280.00 EISER III RETIREE HEALTH BENEFITS - MAY 2022 357797 5/5/2022 250.00 ESPIRITU RETIREE HEALTH BENEFITS - MAY 2022 357798 5/5/2022 620.00 ETZLER RETIREE HEALTH BENEFITS - MAY 2022 357799 5/5/2022 460.00 FABINSKI RETIREE HEALTH BENEFITS - MAY 2022 357800 5/5/2022 220.00 FERNANDEZ RETIREE HEALTH BENEFITS - MAY 2022 357801 5/5/2022 270.00 FIFIELD RETIREE HEALTH BENEFITS - MAY 2022 357802 5/5/2022 540.00 GAUT RETIREE HEALTH BENEFITS - MAY 2022 357803 5/5/2022 700.00 GELSKEY RETIREE HEALTH BENEFITS - MAY 2022 357804 5/5/2022 115.00 GIBBS JR RETIREE HEALTH BENEFITS - MAY 2022 357805 5/5/2022 120.00 GONZALES RETIREE HEALTH BENEFITS - MAY 2022 357806 5/5/2022 480.00 HANSON RETIREE HEALTH BENEFITS - MAY 2022 357807 5/5/2022 135.00 HARLAN RETIREE HEALTH BENEFITS - MAY 2022 357808 5/5/2022 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - MAY 2022 357809 5/5/2022 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - MAY 2022 357810 5/5/2022 600.00 HERNANDEZ RETIREE HEALTH BENEFITS - MAY 2022 357811 5/5/2022 400.00 HODGES RETIREE HEALTH BENEFITS - MAY 2022 357812 5/5/2022 200.00 IBARRA RETIREE HEALTH BENEFITS - MAY 2022 357813 5/5/2022 780.00 JONES RETIREE HEALTH BENEFITS - MAY 2022 357814 5/5/2022 60.00 JONES RETIREE HEALTH BENEFITS - MAY 2022 357815 5/5/2022 480.00 JUNIEL RETIREE HEALTH BENEFITS - MAY 2022 357816 5/5/2022 50.00 KIMBLE RETIREE HEALTH BENEFITS - MAY 2022 357817 5/5/2022 300.00 KLOS RETIREE HEALTH BENEFITS - MAY 2022 357818 5/5/2022 480.00 LAFRENIERE RETIREE HEALTH BENEFITS - MAY 2022 357819 5/5/2022 660.0 0 LEACH RETIREE HEALTH BENEFITS - MAY 2022 357820 5/5/2022 600.00 LIMFUECO RETIREE HEALTH BENEFITS - MAY 2022 357821 5/5/2022 160.00 5/5/2022
WARRANT REGISTER # 44
1/4
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
5/5/2022
WARRANT REGISTER # 44
MATIENZO RETIREE HEALTH BENEFITS - MAY 2022 357822 5/5/2022 100.00 MCCABE RETIREE HEALTH BENEFITS - MAY 2022 357823 5/5/2022 280.00 MCDANIEL RETIREE HEALTH BENEFITS - MAY 2022 357824 5/5/2022 290.00 MEEKS RETIREE HEALTH BENEFITS - MAY 2022 357826 5/5/2022 460.00 MENDOZA RETIREE HEALTH BENEFITS - MAY 2022 357827 5/5/2022 290.00 MINER RETIREE HEALTH BENEFITS - MAY 2022 357828 5/5/2022 580.00 MORRISON RETIREE HEALTH BENEFITS - MAY 2022 357829 5/5/2022 520.00 MUNOZ RETIREE HEALTH BENEFITS - MAY 2022 357830 5/5/2022 640.00 NAGLE RETIREE HEALTH BENEFITS - MAY 2022 357831 5/5/2022 460.00 NOTEWARE RETIREE HEALTH BENEFITS - MAY 2022 357832 5/5/2022 120.00 OLIVERIA RETIREE HEALTH BENEFITS - MAY 2022 357833 5/5/2022 360.00 PAUU JR RETIREE HEALTH BENEFITS - MAY 2022 357834 5/5/2022 340.00 PE RETIREE HEALTH BENEFITS - MAY 2022 357835 5/5/2022 300.00 PEASE JR RETIREE HEALTH BENEFITS - MAY 2022 357836 5/5/2022 140.00 PETERS RETIREE HEALTH BENEFITS - MAY 2022 357837 5/5/2022 290.00 POST RETIREE HEALTH BENEFITS - MAY 2022 357838 5/5/2022 280.00 RAY RETIREE HEALTH BENEFITS - MAY 2022 357839 5/5/2022 190.00 ROARK RETIREE HEALTH BENEFITS - MAY 2022 357840 5/5/2022 135.00 RODRIGUEZ RETIREE HEALTH BENEFITS - MAY 2022 357841 5/5/2022 260.00 RUIZ RETIREE HEALTH BENEFITS - MAY 2022 357842 5/5/2022 310.00 SAINZ RETIREE HEALTH BENEFITS - MAY 2022 357843 5/5/2022 300.00 SANCHEZ RETIREE HEALTH BENEFITS - MAY 2022 357844 5/5/2022 330.00 SERVATIUS RETIREE HEALTH BENEFITS - MAY 2022 357845 5/5/2022 340.00 SHOEMAKER RETIREE HEALTH BENEFITS - MAY 2022 357846 5/5/2022 480.00 SILVA RETIREE HEALTH BENEFITS - MAY 2022 357847 5/5/2022 580.00 SMITH RETIREE HEALTH BENEFITS - MAY 2022 357848 5/5/2022 320.00 SMITH RETIREE HEALTH BENEFITS - MAY 2022 357849 5/5/2022 560.00 STEWART RETIREE HEALTH BENEFITS - MAY 2022 357850 5/5/2022 200.00 TIPTON RETIREE HEALTH BENEFITS - MAY 2022 357851 5/5/2022 250.00 UNGAB RETIREE HEALTH BENEFITS - MAY 2022 357852 5/5/2022 600.00 VERRY RETIREE HEALTH BENEFITS - MAY 2022 357853 5/5/2022 280.00 VILLAGOMEZ RETIREE HEALTH BENEFITS - MAY 2022 357854 5/5/2022 480.0 0 VILLARIASA RETIREE HEALTH BENEFITS - MAY 2022 357855 5/5/2022 480.0 0 WHITE RETIREE HEALTH BENEFITS - MAY 2022 357856 5/5/2022 230.00 WILKINS RETIREE HEALTH BENEFITS - MAY 2022 357857 5/5/2022 520.00 YBARRA RETIREE HEALTH BENEFITS - MAY 2022 357858 5/5/2022 220.00 RETIREE HEALTH BENEFITS 30,410.00
PRO BUILD COMPANY 2X6 -16 DF #2 LNW GRN /FIRE 357774 5/5/2022 2,610 .57 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR SERVICE AND REPAIRS 35785 9 5/5/2022 975.00 AEP CALIFORNIA LLC UPFIT FOR 2020 TOYOTA CAMRY 357860 5/5/2022 6,72 1.96 ALL FRESH PRODUCTS CONSUMABLES / NUTRITION 357861 5/5/2022 3,041.50 AMAZON SENIOR SATURDAY JEWELRY CRAFTS 357862 5/5/2022 40.48 ASSI SECURITY INC PROVIDE SECURITY SERVICES AND REPAIRS 357863 5/5 /2022 4,965.00 AXON ENTERPRISE INC PROFESSIONAL EVIDENCE UNLIMITED STORAGE/PD 35 7864 5/5/2022 102,967.95 BADGE FRAME, INC SDPOA PERPETUAL PLAQUES AND AWARDS 357866 5/5/202 2 6,612.00 C A P F MAY 2022 - FIRE LTD 357867 5/5/2022 1,150.50
CAL FIRE FIREWORKS TRAINING, JOWARSKI ESPIRITU 357868 5/5/2022 220. 00 2/4
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
5/5/2022
WARRANT REGISTER # 44
CALIFORNIA DIESEL COMPLIANCE DPF SERVICE: STAGE 1-DPF (PNEUMATIC ) 357869 5/5/2022 410.00 CALIFORNIA ELECTRIC SUPPLY MOP 45698 ELECTRIC SUPPLIES- PW 357870 5/5/2022 414.31 CALIFORNIA LAW ENFORCEMENT MAY 2022 - PD LTD 357871 5/5/2022 2,008. 50 CALIXTO TRAINING ADV SUB SEARWRRNT 357872 5/5/2022 107.54 CITY OF NATIONAL CITY RSWA EQUITY ADJUSTMENT PYMNT FY 21/22 35787 3 5/5/2022 19,087.00 CITY OF POWAY RSWA EQUITY ADJUSTMENT PYMNT FY 21/22 357874 5/5/202 2 24,283.00 CLEAR WATER TECHNOLOGIES LLC CITY WIDE ON-SITE ENERGY EFFICIENT 3 57875 5/5/2022 475.00 CLF WAREHOUSE INC MOP 80331 AUTO SUPPLIES- PW 357876 5/5/2022 838.8 1 CODDINGTON LOCK AND SECURITY CITYWIDE ON-SITE ELECTRONIC DOOR & LOCK 357877 5/5/2022 440.50 COMMERCIAL AQUATIC SERVICE INC MUNICIPAL POOL SUPPLIES & PARTS 35 7878 5/5/2022 3,147.59 DAVIS TRAINING TYLR CONNECT 2022 357879 5/5/2022 819.69 DELGADO REIMBURSMENT COMM SERVICE DAY 357880 5/5/2022 56.15 FACTORY MOTOR PARTS MOP 82766 GENERAL AUTO SUPPLIES- PW 357881 5/5 /2022 29.45 FEDEX MOU SIGNATURE PAGES 357882 5/5/2022 102.42
FIT TO WORK INC FIT TO WORK / NSD 357883 5/5/2022 400.00 GRAINGER MOP 65179 GENERAL SUPPLIES- PW 357884 5/5/2022 2,842.34 GUERRERO FOLKLORICO CLASS / CSD 357885 5/5/2022 3,701.60 GUSTAVO GONZALEZ KITCHEN EXHAUST CLEANING 357886 5/5/2022 550.00 HAAKER EQUIPMENT COMPANY EB 7873202 MAIN BROOM 60" 357887 5/5/2022 538.31 HOME DEPOT CREDIT SERVICES SAMSUNG SIDE BY SIDE REFRIGERATOR / F IRE 357888 5/5/2022 13,985.94 INTERNATIONAL NARCOTICS TRAINING TUITION INIA DRUG 357889 5/5/2022 425.00 KREISBERG LAW FIRM LEGAL SERVICES FOR NOVEMBER 2021 357890 5/5/202 2 4,000.00 LASHBROOK TRAINING SUB ADV LDG TYLER 22 357891 5/5/2022 819.65 LOPEZ TRAINING LDG SUB TYLER CNNT 2022 357892 5/5/2022 819.65 MAINTEX INC CITYWIDE JANITORIAL SUPPLIES & PARTS 357893 5/5/2022 45 0.65 MES CALIFORNIA 15C-SL3 EFORCE WITH BRUTE TIP ART TOOL / PW 357894 5/5/2022 27,772.37 MUNICIPAL MAINTENANCE EQUIP WATER PUMP / PW 357895 5/5/2022 1,181.8 9 NATIONAL CITY CHAMBER 4251.02 ANNUAL DINNER CORPORATE SPONSOR 35 7896 5/5/2022 1,500.00 NATIONAL CITY ELECTRIC CITYWIDE ON-SITE ELECTRICAL 357897 5/5/2022 590.00 OFFICE SOLUTIONS BUSINESS OFFICE SUPPLIES/ PLANNING 357898 5/5/202 2 32.76 PARTS AUTHORITY METRO LLC MOP 75943 AUTO SUPPLIES PW 357899 5/5/2 022 397.10 PENSKE FORD MOP 49078 AUTO SUPPLIES- PW 357900 5/5/2022 973.32 PERRY FORD MOP 45703 AUTO SUPPLIES - PW 357901 5/5/2022 375.00 POWERSTRIDE BATTERY CO INC MOP 67839 GENERAL SUPPLIES- PW 357902 5 /5/2022 108.94 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES- PW 357903 5/5/2022 1, 967.53 PROFESSIONAL SEARCH GROUP LLC RECRUITMENT SERVICES 357904 5/5/2022 1,539.00 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES- PW 357905 5/ 5/2022 285.28 RED WING BUSINESS SAFETY BOOTS APPAREL / EQM 357906 5/5/2022 240.32 SAN DIEGO MECHANICAL ENERGY REPAIRS TO HVAC SYSTEMS AND OTHER 357 907 5/5/2022 7,624.41 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY22 357908 5/5/2022 46.9 3 SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 357909 5/5/2022 1,027. 36 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES- PW 357 910 5/5/2022 669.94 SOLANA CENTER RSWA - SB1383 COMPLIANCE SUPPORT 357911 5/5/2022 15 ,695.00 SOUTHERN CALIF TRUCK STOP MOP 45758 GENERAL AUTO SUPPLIES- PW 357 912 5/5/2022 15.52 SPORTELLI TRAINING LDG TYLER CONNECT 2022 357913 5/5/2022 819.65 STAPLES BUSINESS ADVANTAGE MOP 20468 SUPPLIES PD 357914 5/5/2022 1, 383.39 SYSCO SAN DIEGO INC FOOD/ NUTRITION CENTER 357916 5/5/2022 6,674.20 3/4
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
5/5/2022
WARRANT REGISTER # 44
T MAN TRAFFIC SUPPLY MOP 76666 TRAFFIC SUPPLIES- PW 357917 5/5/202 2 358.77 TERMINIX INTERNATIONAL ON-SITE PEST CONTROL SERVICES / PW 357918 5 /5/2022 1,152.00 THE BANK OF NEW YORK MELLON CUSTODIAN FEE FOR 01/01/2022 TO 03/3 1/20 357919 5/5/2022 600.00 THE LINCOLN NATIONAL LIFE INS LIFE, AD&D~ 357920 5/5/2022 9,888.51 THE SAN DIEGO UNION TRIBUNE LEGAL SERVICES/ PLANNING 357921 5/5/20 22 1,491.80 THE STAR NEWS PUBLIC NOTICE/PLANNING 357922 5/5/2022 253.69 TOPECO PRODUCTS MOP 67839 GENERAL SUPPLIES- PW 357923 5/5/2022 42.7 3 TYLER TECHNOLOGIES INC TRAINING TUITIONS 357925 5/5/2022 2,448.00 U S BANK CC EXPENSES / FINANCE 357926 5/5/2022 15.00
WALTERS TRAINING SLI 8 / PD 357927 5/5/2022 396.68
WAXIE SANITARY SUPPLY MISCELLANEOUS JANITORIAL SUPPLIES 357928 5/5 /2022 5,627.41 WESTFLEX INDUSTRIAL MOP 63850 GENERAL SUPPLIES 357929 5/5/2022 349. 72 WETMORES MOP 80333 AUTO SUPPLIES- PW 357930 5/5/2022 92.96 WINTERGREEN CORPORATION KIMBALL HOLIDAY CHRISTMAS TREE 357931 5/5 /2022 6,521.24 WOODRUFF, SPRADLIN & SMART APC RSWA - LEGAL SVCS 4TH QTR 4/1/22 - 6/30/22 357932 5/5/2022 7,808.23 ZOLL MEDICAL CORP 8012-0206. 12-LEAD ECG SIMULATOR /FIRE 357933 5/ 5/2022 863.41 A/P Total 349,298.12
SECTION 8 HAPS Start Date End Date
4/28/2022 5/5/2022 1,054,149.51

PAYROLL
Pay period Start Date End Date Check Date
10 4/19/2022 5/2/2022 5/11/2022 1,162,315.64
GRAND TOTAL 2,565,763.27
4/4
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The following page(s) contain the backup material for Agenda Item: Warrant Register #45 for the period of 5/06/22 through 5/12/22 in the amount of $592,708.06. (Finance) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
ITEM TITLE:

DEPARTMENT:

PHONE:

EXPLANATION: APPROVED BY:

AGENDA ITEM NO.:MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: FINANCE
ORDINANCE: INTRODUCTION
ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:

FINAL ADOPTION
APPROVED: MIS
PREPARED BY:

Warrant Register # 45
Ratify Warrants Totaling $592,708.06.

This is not a project and, therefore, not subject to environmental review.

Warrant total $592,708.06.

Per Government Section Code 37208, below are the payments issued for period 5/06/22 - 5/12/22.

Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
Dick Miller Inc 357954 129,288.22 CIP 18-16 Paradise Creek Park Expansion Eagle Paving Co Inc 357955 61, 929.80 CIP 19-12 Sweetwater Rd Safety Enhancement Project Professionals 357972 74, 684.56 CIP 19-12 Sweetwater Rd Safety Enhancement WSP USA Inc 357998 51,506.85 F ocused General Plan Update 619-336-4572 FinanceKarla Apalategui, Senior Accountant Assistant Warrant Register #45 for the period of 5/06/22 through 5/12/22 in the amount of $592,708.06. (Finance) June 21, 2022
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
BONNIE E BURN DISC CERTIFICATION VIRTUAL TRAINING 357934 5/11/22 5 ,800.00 ACE UNIFORMS & ACCESSORIES INC NAME PLATES J TAYLOR 357935 5/12/2 2 38.68 AEP CALIFORNIA LLC POLICE K9 BUILDOUT - ENG/PW 357936 5/12/22 27,3 75.94 ALTA LANGUAGE SERVICES INC EMPLOYEE BILINGUAL TESTING 357937 5/12 /22 66.00 ANSER ADVISORY MANAGEMENT, LLC CIP 19-20 SWEETWATER RD PROTECTED BIKEWAY 357938 5/12/22 165.00 AT&T AT&T SBC ANNUAL PHONE SERVICE FOR FY22 357939 5/12/22 10,825. 77 AT&T AT&T SBC ANNUAL PHONE SERVICE FOR FY22 357940 5/12/22 881.20 ATLAS TECHNICAL CONSULTANTS CIP 19-02 EL TOYON LAS PALMAS BIKE C ORRI 357941 5/12/22 2,425.00 BSN SPORTS LLC CAMACHO EXCERSIE MATS 357942 5/12/22 546.96 BURKE WILLIAMS & SORENSEN LLP PROFESSIONAL SERVICES / CAO 357943 5/12/22 79.50 BUTLER THERAPY INC. EMR PSYCHOTHERAPY SVCS 357944 5/12/22 480.00 CANON SOLUTIONS AMERICA INC. CANON PLOTTER SERVICE MAINTENANCE - ENG/PW 357945 5/12/22 229.24 CHIEFS OF POLICE (IACP) INT ASSN OF CHIEF OF POLICE MEMBERSHIP 35 7946 5/12/22 190.00 CITY OF SAN MARCOS RESCUE SYSTEMS 1 TRAINING/FIRE 357947 5/12/22 7 00.00 CLAIMS MANAGEMENT ASSOCIATES PROFESSIONAL SERVICES 357948 5/12/22 6,650.00 COHERO PROPERTY AND EVIDENCE RMS SUPPORT 357949 5/12/22 28,000.00 CORODATA RECORDS FILE STORAGE - CORODATA 357950 5/12/22 52.50 COX COMMUNICATIONS COX DATA VIDEO SERVICES FOR FY22 357951 5/12/2 2 408.21 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 357952 5/12/22 4,94 0.00 DEVANEY PATE MORRIS & CAMERON LEGAL SERVICES - BALANCED PLAN EIR 357953 5/12/22 8,875.00 DICK MILLER INC CIP 18-16 PARADISE CREEK PARK EXPANSION 357954 5/ 12/22 129,288.22 EAGLE PAVING COMPANY INC CIP 19-12 SWEETWATER RD SAFETY ENHANCEM ENT 357955 5/12/22 61,929.80 EXOS COMMUNITY SERVICES LLC APRIL EXOS PROGRAM MANAGEMENT FEES 35 7956 5/12/22 17,689.49 EXPERIAN CREDIT CHECKS 357957 5/12/22 42.20
GIL TRAINING REIM DRONE TUTION 9 357958 5/12/22 900.00 GONZALES TRAINING ADV SUB SLI5 357959 5/12/22 396.68
GOVERNMENT TRAINING AGENCY TRAINING TUITION THF SEGAL 357960 5/12 /22 115.00 HDR ENGINEERING, INC. CIP 20-01 NC EX-P1 SEWER LINE UPSIZING 357 961 5/12/22 13,838.19 INNOVATIVE CONSTRUCTION CIP 19-02 ET/LP - ENG/PW 357962 5/12/22 25 ,377.50 KIMLEY HORN AND CIP 19-02 EL TOYON LAS PALMAS - ENG/PW 357963 5/1 2/22 20,482.30 KREISBERG LAW FIRM APRIL INVOICE 2022 357964 5/12/22 4,026.95 MASON'S SAW MOP 45729 EQUIPMENT SUPPLIES AND REPAIR 357965 5/12/ 22 619.80 METEAU JR ELEVATE 2022 CONFERENCE WORKERS' COMP 357966 5/12/22 584 .00 MONTIJO ACCOUNT #41380 TAG#17020. DOUBLE PYMNT 357967 5/12/22 93.0 0 NATIONAL CITY CHAMBER OF CHAMBER JOB FAIR 357968 5/12/22 1,500.00 OFFICE SOLUTIONS BUSINESS MOP 83778 OFFICE SUPPLIES / FINANCE 357 969 5/12/22 135.89 PACIFIC REFRIGERATION INC SERVICE AND MAINTENANCE FOR ICEMAKER M AC 357970 5/12/22 324.50 PROFESSIONAL SEARCH GROUP LLC RECRUITMENT SERVICES 357971 5/12/22 2,216.00 PROJECT PROFESSIONALS CORP CIP 19-12 SWEETWATER RD SAFETY ENHANC E 357972 5/12/22 74,684.56 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES - PW 357973 5/12/22 165.38 RANDALL LAMB ASSOCIATES INC CIP 21-23 NC CAMACHO REC CENTER HVAC - ENG 357974 5/12/22 325.00 RMG COMMUNICATIONS SOCIAL MEDIA & MEETING 357975 5/12/22 575.00 ROUSTON LICENSE REIMBURSEMENT / PW 357976 5/12/22 192.00 SAN DIEGO DISTRICT ATTORNEY FY 2022 CRIME LAB FEE 357977 5/12/22 1 2,000.00 SAN DIEGO MIRAMAR COLLEGE TRAINING TUITION ROT TAYLOR & RIVERA 35 7978 5/12/22 46.00 SAN DIEGO MIRAMAR COLLEGE TRAINING TRFFIC ENFR RDR CERT ACEVEDO 3 57979 5/12/22 23.00 WARRANT REGISTER # 45
5/12/2022
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 45
5/12/2022
SAN DIEGO MIRAMAR COLLEGE TRAINING RADAR LASR-ACEVEDO 357980 5/12 /22 9.20 SAN DIEGO POLICE EQUIPMENT BALLISTIC VESTS CAMACHO / WADSWORTH 35 7981 5/12/22 2,672.00 SILVER & WRIGHT LLP PROFESSIONAL SERVICES / CAO 357982 5/12/22 292 .80 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAOE SUPPLIES- PW 357 983 5/12/22 254.78 SMART & FINAL INGREDIENTS AND SUPPLIES FOR 4/28 NUTRTION 357984 5 /12/22 38.36 SMART SOURCE OF CALIFORNIA LLC GP-TK003 SUPER LUXURY PROFESSIONA L TENT 357985 5/12/22 4,246.15 SOSA REIMBURSEMENT FOR TRAINING MEALS 357986 5/12/22 218.51 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES- PW 357987 5 /12/22 2,081.63 SWAGIT PRODUCTION LLC SWAGIT WEBCAST FY22 357988 5/12/22 1,920.83 THE STAR NEWS PUBLIC NOTICING - STAR NEWS 357989 5/12/22 799.50 TRANS-LANG TRANSLATION SERVICES - TRANS-LANG 357990 5/12/22 2,499. 00 U S BANK US BANK CARD PAYMENT FY22 357991 5/12/22 1,633.59 VCA EMERGENCY ANIMAL HOSPITAL K9 TYSON EMERGENCY CARE 357992 5/12 /22 443.10 VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY22 357993 5/12/2 2 8,392.10 VISTA PAINT MOP 68834 PAINT SUPPLIES / NSD 357994 5/12/22 709.59 VULCAN MATERIALS COMPANY ASPHALT, TACK, 3/8 SHEET FY 22 357995 5/ 12/22 3,018.86 WEST PAYMENT CENTER MONTHLY INVESTIGATIVE SERVICES 357996 5/12/22 1,347.22 WILLY'S ELECTRONIC SUPPLY WILLYS ELECTRONICS MOP FY22 357997 5/12 /22 1,223.43 WSP USA INC FOCUSED GENERAL PLAN UPDATE E 357998 5/12/22 51,506.85 A/P Total 549,606.96

WIRED PAYMENTS
CITY NATIONAL BANK LEASE PYMNT #48 674769 5/6/22 43,101.10 GRAND TOTAL 592,708.06$
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The following page(s) contain the backup material for Agenda Item: Warrant Register #46 for the period of 5/13/22 through 5/19/22 in the amount of $2,059,050.50. (Finance) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
ITEM TITLE:

DEPARTMENT:

PHONE:

EXPLANATION: APPROVED BY:

AGENDA ITEM NO.:MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: FINANCE
ORDINANCE: INTRODUCTION
ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:

FINAL ADOPTION
APPROVED: MIS
PREPARED BY:

Warrant Register # 46
Ratify Warrants Totaling $2,059,050.50.

This is not a project and, therefore, not subject to environmental review.

Warrant total $2,059,050.50.

Per Government Section Code 37208, below are the payments issued for period 5/13/22 - 5/19/22.

Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
Health Net 358013 83,704. 04 Grp# R1192A – May 2022 Innovative Construction 358078 65,669.75 CIP 22-01 Las Palmas Pool – Eng/PW Wright Construction 358130 354,623,64 CIP 19-35 Paradis e Creek Mitigation Project 619-336-4572 FinanceKarla Apalategui, Senior Accountant Assistant Warrant Register #46 for the period of 5/13/22 through 5/19/22 in the amount of $2,059,050.50. (Finance)
June 21, 2022
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
AMAZON PROLUME PL22D/28 109862 22W DOUBLE 357999 5/16/2022 701.74 BUCKNAM INFRASTRUCTURE PAVEMENT MANAGEMENT PROGRAM - ENG/PW 35800 0 5/16/2022 6,409.00 CALIFORNIA POLICE CHIEFS ASSOC MEMBERSHIP - CAL POLICE CHIEFS' A SSN 358001 5/16/2022 1,852.00 CALIFORNIA RESERVE PEACE MEMBERSHIP - CAL RESERVE PEACE OFFICERS 358002 5/16/2022 384.00 DELTA DENTAL GRP #05-0908600000 - MAY 2022 358003 5/16/2022 14,786. 71 DELTA DENTAL GRP #05-0908601002 - MAY 2022 358004 5/16/2022 45.22 DELTA DENTAL INSURANCE CO GRP #05-7029600000 - MAY 2022 358005 5/1 6/2022 2,247.74 DELTA DENTAL INSURANCE CO GRP #05-7029600002 - MAY 2022 358006 5/1 6/2022 57.11 FRANK TOYOTA PT767-35111 TACO TUBESTP ACC 358007 5/16/2022 405.81 HAAKER EQUIPMENT COMPANY SPROCKET ELEVATOR~ 358008 5/16/2022 4,224. 03 HEALTH NET GRP #N7176A - MAY 2022 358009 5/16/2022 1,884.24 HEALTH NET GRP #N7176F - MAY 2022 358010 5/16/2022 1,646.41 HEALTH NET GRP #N7177A - MAY 2022 358011 5/16/2022 1,277.44 HEALTH NET GRP #R1192R - MAY 2022 358012 5/16/2022 857.33 HEALTH NET INC GRP #R1192A - MAY 2022 358013 5/16/2022 83,704.04 HEALTH NET INC GRP #LB439A - MAY 2022 358014 5/16/2022 4,995.96 HEALTH NET INC GRP #57135A - MAY 2022 358015 5/16/2022 2,579.47 HEALTH NET INC GRP #LB439F - MAY 2022 358016 5/16/2022 735.61 HOME DEPOT CREDIT SERVICES COMMUNITY SERVICE DAY EYEGLASSES 1004 307 358017 5/16/2022 387.38 MCI AUTO REPAIR NEW A/C CONDENSOR 15-63889~ 358018 5/16/2022 1,258. 70 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES - PW 358019 5/16/2022 3 8.84 PACIFIC STATES PETROLEUM INC HYDRAULIC OIL, ENGINE OIL, AND VEHI CLE 358020 5/16/2022 1,509.88 PARTS AUTHORITY METRO LLC MOP 75943 AUTO SUPPLIES- PW 358021 5/16/ 2022 271.38 POWERSTRIDE BATTERY CO INC MOP 67839 GENERAL SUPPLIES - PW 358022 5/16/2022 407.80 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES - PW 358023 5/16/2022 377.39 SAM'S ALIGNMENT WHEEL ALIGNMENT SERVICE FOR CITY 358024 5/16/2022 4 0.00 SASI REF #119795 358025 5/16/2022 75.60
SO CAL PPE, LLC TURNOUT COAT AND PANTS CLEANING /FIRE 358026 5/16/ 2022 5,846.01 SOUTH COAST EMERGENCY LATCH ASSY, BYPASS LH (173 358027 5/16/2022 2 57.70 SOUTHERN CALIF TRUCK STOP MOP 45758 GENERAL AUTO SUPPLIES - PW 35 8028 5/16/2022 88.25 T MAN TRAFFIC SUPPLY MOP 76666 TRAFFIC SUPPLIES- PW 358029 5/16/20 22 492.62 TOPECO PRODUCTS MOP 63849 AUTO SUPPLIES - PW 358030 5/16/2022 74.30 TRUE CUSTOMS WINDOW TINT 358031 5/16/2022 249.03
UNDERGROUND SERVICE ALERT UNDERGROUND SERVICE ALERT FY 2022 35803 2 5/16/2022 562.50 WAXIE SANITARY SUPPLY PAVEMENT MANAGEMENT PROGRAM - ENG/PW 358033 5/16/2022 10,296.50 Z A P MANUFACTURING INC 1178 EC FILM 30"X50YDS BLACK 358034 5/16/2 022 4,037.81 SWEETWATER AUTHORITY WATER BILL FOR FACILITIES FY 2022 358037 5/17 /2022 38,852.08 ACEVEDO TRAINING REIM RADAR CERT 358038 5/19/2022 88.58 AETNA BEHAVIORAL HEALTH EMPLOYEE ASSISTANCE PROGRAM / MAY 2022 35 8039 5/19/2022 724.98 ALDEMCO FOOD AS NEEDED FOR NUTRITION CENTER FY 358040 5/19/2022 4,2 41.33 ALL FRESH PRODUCTS FOR FOOD AS NEEDED FOR NUTRITION CENTER 358041 5/19/2022 1,118.69 ALL THE KINGS FLAGS CITYWIDE FLAGS, ACCESSORIES, POLES 358042 5/19 /2022 1,504.01 ANSER ADVISORY MANAGEMENT, LLC CIP 19-18 NC BLVD BIKEWAY - ENG/P W 358043 5/19/2022 330.00 ARROWHEAD FORENSIC PRODUCTS VERSACONES #1-20 YELLOW~ 358044 5/19/2 022 746.84 BIG BOYZ TACOS FOOD VENDOR / EMPLOYEE PICNIC 358045 5/19/2022 4,242 .07 BROADWAY AUTO GLASS OFF-SITE WINDOW TINT, REPAIR 358046 5/19/2022 2 80.15 CALIFORNIA ELECTRIC SUPPLY MOP 45698 ELECTRIC SUPPLIES- PW 358047 5/19/2022 102.20 CALIXTO TRAINING REIM SEARCH WARRANTS 358048 5/19/2022 109.16 WARRANT REGISTER # 46
5/19/2022
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 46
5/19/2022
CASILLAS CITATION REIMBURSEMENT #3026556 358049 5/19/2022 60.00 CASTILLO DJ SERVICES FOR EMPLOYEE PICNIC 358050 5/19/2022 650.00 CEPA OPERATIONS INC FUME HOOD TEST/CERT. 358051 5/19/2022 240.00 CHEN RYAN ASSOCIATES INC CIP 21-25 W. 19TH ST GREENWAY - ENG/PW 3 58052 5/19/2022 18,368.75 CHIEFS OF POLICE (IACP) IACP 2022 MEMBERSHIP DUES 358053 5/19/2022 190.00 CI TECHNOLOGIES, INC. TRAINING AND APPLICATIONS 358054 5/19/2022 20 ,400.00 CLEAR WATER TECHNOLOGIES LLC CITY WIDE ON-SITE ENERGY EFFICIENT 3 58055 5/19/2022 950.00 CLF WAREHOUSE INC MOP 80331 AUTO SUPPLIES- PW 358056 5/19/2022 761. 72 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICAL 358057 5/19/2022 790.00 COUNTY OF SAN DIEGO PARKING CITATION REVENUE - FEBRUARY 2022 3580 58 5/19/2022 16,317.50 COUNTYWIDE MECHANICAL SYSTEMS HVAC QUARTLERY PREVENTATIVE MAINTE NANCE 358059 5/19/2022 13,197.16 CRUZ TRAINING REIM HONOR GUARD 358060 5/19/2022 154.19
CUSTOM LOGOS FEATHER CONVEX FLAG 358061 5/19/2022 722.61 CV VENTURES LLC DUCK POIND MONITORING Q1 2022 - ENG/PW 358062 5/19 /2022 3,186.25 DANIELS TIRE SERVICE TIRES FOR CITY FLEET FOR FY 2022 358063 5/19/ 2022 4,654.07 DELGADO SENIOR SATURDAY EMPLOYEE REIMBURSEMENT 358064 5/19/2022 356 .41 DEPT OF JUSTICE DOJ FINGERPRINTING FOR FY22 358065 5/19/2022 1,040. 00 DEVANEY PATE MORRIS & CAMERON LIABILITY CLAIM COST 358066 5/19/202 2 4,975.00 DEVANEY PATE MORRIS & CAMERON LIABILITY CLAIM COST 358067 5/19/202 2 2,350.00 DEVANEY PATE MORRIS & CAMERON LIABILITY CLAIM COST 358068 5/19/202 2 550.00 DEVANEY PATE MORRIS & CAMERON LIABILITY CLAIM COST 358069 5/19/202 2 275.00 EVIDENT CRIME SCENE PRODUCTS RFQ #1147 LAB SUPPLIES FOR PROPERTY & EVI 358071 5/19/2022 1,685.80 FIRE ETC ZICO 3025 QUICK CHOC FOLDING / FIRE 358072 5/19/2022 399.1 1 GONZALES TRAINING REIM SLI 3 358073 5/19/2022 290.29
GRAINGER MOP 65179 GENERAL SUPPLIES - PW 358074 5/19/2022 100.92 HDL COREN & CONE CONTRACT SVC PROPERTY TAX: APRIL - JUN 358075 5 /19/2022 3,254.74 HDR ENGINEERING, INC. CIP 19-11 PARADISE CREEK AT PLAZA PHASE 358 076 5/19/2022 38,467.71 HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES AS NEEDED FOR BUILDI NG 358077 5/19/2022 1,472.24 INNOVATIVE CONSTRUCTION CIP 22-01 LAS PALMAS POOL - ENG/PW 358078 5/19/2022 65,669.75 IPS GROUP INC PARKING PERMIT MERCHANT HOSTING 358079 5/19/2022 35,7 42.47 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING 358080 5/19/202 2 1,625.00 KIMLEY HORN AND CIP 18-14 SWEETWATER/30TH BIKE - ENG/PW 358081 5/1 9/2022 1,994.38 L C ACTION BLACKHAWK #DE-TBK TACTICAL BACK PACK KIT 358082 5/19/20 22 3,895.96 LANGUAGE LINE SERVICES LANGUAGE LINE SERVICE 358083 5/19/2022 4.66 LASER SAVER INC HP M751 DRUM/W2004A OEM FOR SECTION 8 358084 5/19 /2022 861.07 LIEBERT CASSIDY WHITMORE PERSONNEL MATTER 358085 5/19/2022 9,615.0 0 MCI AUTO REPAIR NEW HIGH SIDE HOSE- SIZE 8 / PW 358086 5/19/2022 2, 218.80 MORALES FY 23 MORALES LEASE 358087 5/19/2022 2,000.00
MTS MTS GRAFFITI REMOVAL FLAGGERS / NSD 358088 5/19/2022 106.96 NATIONAL CITY CAR WASH CARWASH SERVICES FOR FLEET FY 2022 358089 5 /19/2022 572.00 NBS NATCITY MAINTENANCE 358090 5/19/2022 914.01
OFFICE SOLUTIONS BUSINESS MOP OFIFICE SUPPLIES FOR SECTION 8 35 8091 5/19/2022 639.44 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES- PW 358092 5/19/2022 30 4.44 PALOMAR HEALTH SEXUAL ABUSE FORENSIC EXAMS FOR FY22 358093 5/19/20 22 1,350.00 PARTS AUTHORITY METRO LLC MOP 75943 AUTO SUPPLIES - PW 358094 5/19 /2022 1,186.18 PENSKE FORD R&M CITY VEHICLES FY 2022 358095 5/19/2022 936.75 PORAC PORAC RESEARCH MEMBERSHIP 358096 5/19/2022 48.00
POWERSTRIDE BATTERY CO INC MOP 67839 GENERAL SUPPLIES - PW 358097 5/19/2022 311.94 2/3
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 46
5/19/2022
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES- PW 358098 5/19/2022 3 08.00 PROFESSIONAL SEARCH GROUP LLC PROFESSIONAL SERVICES RENDERED 04. 10.202 358099 5/19/2022 7,250.00 PROFORCE LAW ENFORCEMENT PARTIAL PAYMENT MINUS HEMIDENT TESTS 358 100 5/19/2022 2,169.46 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES- PW 358101 5/ 19/2022 1,460.00 RIVERSIDE COMMUNITY TRAINING TUITION HONOR GUARD 358102 5/19/2022 2 76.00 SAKAMOTO TRAINING REIM BASIC SNIPER 358103 5/19/2022 742.25 SAN DIEGO HYDRAULICS MOP 85005 AUTO SUPPLIES - PW 358104 5/19/2022 101.62 SAN DIEGO PET SUPPLY MOP 45753, K9 SUPPLIES/POLICE DEPARTMENT 358 105 5/19/2022 136.75 SAN DIEGO UNION TRIBUNE CIP 19-33 AND 22-19 PROJECT POSTINGS- E NG 358107 5/19/2022 2,285.60 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY22 358108 5/19/2022 4,0 00.40 SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 358109 5/19/2022 1,371 .01 SID'S CARPET BARN SCBMATOSL, CARPET MATERIALS #34 /FIRE 358110 5/1 9/2022 1,790.54 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES 358111 5 /19/2022 87.14 SMART & FINAL MOP SMAT & FIANL CDBG/TEEN SNACKS 358112 5/19/2022 36 9.78 SMART SOURCE OF CALIFORNIA LLC DISTURBANCE VIOLATION NOTICES 3581 13 5/19/2022 1,766.14 SOUTHWEST BOULDER & STONE INC COMMUNITY SERVICES PLAYGROUND MULC H 358114 5/19/2022 727.03 SOUTHWEST SIGNAL SERVICE LIGHTING MAINTENANCE / PW 358115 5/19/202 2 15,417.06 SPEEDPRO IMAGING 2021 FORD F550 SMALL DUMP BODY 358116 5/19/2022 55 3.86 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES / NSD 358117 5/19/2022 564.13 STC TRAFFIC PARKING MGMT SUPPORT SERVICES / ENG 358118 5/19/2022 5, 947.50 SWEETWATER AUTHORITY WATER BILL FOR PARKS DIVISION 358119 5/19/20 22 146.56 SYMBOLARTS, LLC POLICE OFFICER BADGES 358120 5/19/2022 4,231.88 T MOBILE USA INC GPS LOCATE 358121 5/19/2022 765.00
THE STAR NEWS ADVERTISING/PLANNING 358122 5/19/2022 597.08 TODD PIPE & SUPPLY LLC CITYWIDE PLUMBING MATERIALS & PARTS 358123 5/19/2022 608.41 UNDERGROUND SERVICE ALERT UNDERGROUND SERVICE ALERT FY 2022 35812 4 5/19/2022 496.50 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 BUILDING SUPPLIES- PW 358 125 5/19/2022 99.15 VELOCITY TRUCK CENTERS ENGINE AND TRANSMISSION PARTS 358126 5/19/ 2022 680.17 VORTEX INDUSTRIES INC CITY STEEL DOOR REPAIRS AT NCPD - ENG/PW 35 8127 5/19/2022 2,930.88 WETMORES MOP 80333 AUTO SUPPLIES - PW 358128 5/19/2022 276.76 WORLD OIL ENVIRONMENTAL SVCS USED OIL SERVICE CHARGE~ 358129 5/19/ 2022 95.00 WRIGHT CONSTRUCTION CIP 19-35 PARADISE CREEK MITIGATION PROJECT 3 58130 5/19/2022 354,623.64 YBARRA TRAINING REIMB CRISIS NEG COMMDERS 358131 5/19/2022 24.58 YOUNG REIMB: YOUNG FOR INVESTIGATION HOMICIDE 358132 5/19/2022 162. 81 A/P Total 886,324.61

PAYROLL
Pay period Start Date End Date Check Date
11 5/3/2022 5/16/2022 5/25/2022 1,172,725.89

GRAND TOTAL 2,059,050.50
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The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution of the City Council of the City of National City, California accepting the National City 2022/2023 Tax Roll Sewer Service Fees report, which identifies by parcel number, each parcel of real property receiving sewer services and the amount of sewer charges for each parcel for FY 2022-23 as required by the California Health and Safety Code Section 5473, Et Seq., pertaining to collection of sewer charges on the tax roll, directing the City Clerk to file the report with the San Diego County Auditor, and directing the City Engineer to file a certification of the sewer service charges with the San Diego County Auditor. (Engineering/Public Works)
Please scroll down to view the backup material.
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RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ACCEPTING THE NATIONAL CITY 2022/2023 TAX ROLL SEWER

SERVICE FEES REPORT, WHICH IDENTIFIES BY PARCEL NUMBER, EACH

PARCEL OF REAL PROPERTY RECEIVING SEWER SERVICES AND THE AMOUNT OF SEWER CHARGES FOR EACH PARCEL FOR FY 2022-23 AS REQUIRED BY THE CALIFORNIA HEALTH AND SAFETY CODE SECTION 5473, ET SEQ., PERTAINING

TO COLLECTION OF SEWER CHARGES ON THE TAX ROLL, DIRECTING THE CITY

CLERK TO FILE THE REPORT WITH THE SAN DIEGO COUNTY AUDITOR, AND

DIRECTING THE CITY ENGINEER TO FILE A CERTIFICATION OF THE SEWER

SERVICE CHARGES WITH THE SAN DIEGO COUNTY AUDITOR

WHEREAS, the City of National City (“City”) provides sewer services to about 9,000 customers; and
WHEREAS, pursuant to Ordinance No. 2017 -2442, adopted by City Council on December 5, 2017, the City adopted a five -year sewer service fee rate adjustment schedule commensurate with projected Regional Wastewater treatment increases and elected to have sewer service charges collected on the tax roll, as provided by California Health and Safety Code Section 5473 et seq; and
WHEREAS, California Health and Safety Code Section 5473 requires a written report to be prepared each year and filed with the City Clerk ’s Office, and the Report shall contain a description of each parcel of real property receiving sewer service and the amount of the sewer service charges for each parcel for the year (the “Report”); and WHEREAS, California Health and Safety Code Section 5473.2 requires that the City hold a Public Hearing where the City Council will hear and consider all objections or protests, if any, to the Report; and
WHEREAS, if the City Council finds that a protest is made by the owners of a majority of separate parcels of the property described in the Report, then the Report shall not be adopted, and the charges shall be collected separately from the tax roll and shall not constitute a lien against any parcel or parcels of land; and WHEREAS, upon con clusion of the Public H earing, the City Council may adopt, revise, change, reduce or modify any charge, or overr ule any or all objections and shall make its determination upon each charge as described in the Report; and WHEREAS, California Health and Safety Code Section 5473.4 provides that on or before August 11 of each year, the City Clerk’s Office shall file a copy of the Report with the San Diego County Auditor with a statement endorsed on the Report over the City Clerk’s signature that the City Council has adopted the Report.

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

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

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Resolution No. 2022 -
Page Two

Section 1: That on June 21, 2022, the City Council held a Public Hearing where the City Council heard and considered all objections or protests, if any, to the Report.

Section 2: That the City Council finds that a protest has not been made by the owners of a majority of separate parcels of property described in the Report.

Section 3: That the City Council overrules any and all objections to the Report.

Section 4: That the City Council adopts the Report required by California Health and Safety Code Section 5473, et seq., for the Fiscal Year 2022-2023, and directs the City Clerk to keep the Report on file in their office.

Section 5: The City Council directs the City Clerk to file a copy of the Report with the San Diego County Auditor with a statement that the City Council has adopted the Report.

Section 6: The City Council directs the City Engineer to file a certification of the City sewer service charges with the San Diego County Auditor.

Section 7: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution.

PASSED and ADOPTED this 21st day of June, 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: Public Hearing and Adoption of a Resolution of the City Council of the City of National City, California confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2022/23. (Planning)
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The City formed the Mile of Cars Landscape Maintenance District No. 1 in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District, including landscaping, signage, and lighting. Each year, the City Council considers the adoption of a resolution to allow the District to continue operating with funding through a special tax levy on properties within the District.

The resolution
would confirm the assessment and order the levy on behalf of the District for Fiscal Year 2022/23 based
on the Engineer’s Report that identifies the assessment to be levied and the work program to be conducted by the Mile of Cars Landscape Maintenance District. The Mile of Cars Association has approved the scope of work, the proposed assessment, and the District budget. There are no
changes or additions to the maintained improvements for the coming fiscal year. The proposed total assessment
of $159,075.08 is an increase of approximately 2.3 percent above the prior year total assessment. The
City’s consultant and City administrative costs are paid from the District’s assessment funds.

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETING DATE: June 21, 2022 AGENDA ITEM NO.:

ITEM TITLE:

Public Hearing and adoption of a Resolution of the City Council of the City of National City, California confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2022/23.

DEPARTMENT: Community Development PREPARED BY: Martin Reeder, Planning Manager PHONE: 619-336-4313 APPROVED BY:

A r m ando Vergara
D i r e c t o r o f C o m m . D e v . EXPLANATION:

FINANCIAL STATEMENT:

Adoption of this resolution results in a net impact of $11,253 to the General Fund for Fiscal Year 2023. $16,753 in expenditures for the City’s general benefit contribution,
partially offset by $5,500 in revenue for the City’s incidental expens es. The remaining $156,912 is funded through the Mile of Cars Special
Assessment District. Funding for these expenditures is included in the Fiscal Year 2023 Proposed Budget.

FINANCE
ACCOUNT NO.

Revenues Expenditures
195-00000-3307 $156,912 195-443-055-099-0000 $5,500 195-00000-3999 $16,753 195-443-055-299-0000 $168,165 001-00000-3999 $5,500 001-409-000-099-0000 $16,753 APPROVED:

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

ORDINANCE: INTRODUCTION  FINAL ADOPTION  Not applicable.

STAFF RECOMMENDATION:

Conduct the public hearing and adopt the resolution confirming the assessment and ordering the levy..

BOARD / COMMISSION RECOMMENDATION:

Not applicable.

ATTACHMENTS:

1. Engineer’s Report

2. Resolution
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nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Fiscal Year 2022/23 Engineer’s Report For:

Landscape Maintenance District No. 1
(Mile of Cars)
May 2022
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CITY OF NATIONAL CITY
LANDSCAPE MAINTENANCE DISTRICT NO. 1
(MILE OF CARS)
1243 National City Boulevard
National City, CA 91950
Phone - (619) 336-4241
Fax - (619) 336-4239

CITY COUNCIL
Alejandra Sotelo-Solis, Mayor
Marcus Bush, Vice Mayor
Jose Rodriguez, Councilmember
Mona Rios, Councilmember
Ron Morrison, Councilmember

CITY STAFF
Brad Raulston, City Manager
Tony Winney, Assistant City Manager
Martin Reeder, Principal Planner

DISTRICT STAFF
Leslie Larranaga-Britt, Executive Director
NBS
April Sabado, Administrator
Amanda Welker, Project Manager
John Egan, Assessment Engineer
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TABLE OF CONTENTS
Engineer’s Letter ............................................................................................................. 1 Overview ........................................................................................................................ 2

2.1 Introduction ............................................................................................................... 2

2.2 Description of the District Boundaries ...................................................................... 2

2.3 Description of Improvements ................................................................................... 2

2.4 Description of Maintenance ...................................................................................... 3 Estimate of Costs ............................................................................................................ 4

3.1 District Budget ........................................................................................................... 4

3.2 Reserves .................................................................................................................... 4 Assessment Diagram ....................................................................................................... 6 Assessments ................................................................................................................... 7

5.1 Method of Apportionment ........................................................................................ 7

5.2 Maximum Annual Assessment Rates ...................................................................... 11

5.3 Assessment Roll ....................................................................................................... 12 3 510 of 582
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City of National City
Landscape Maintenance District No. 1 (Mile of Cars) 2

2. OVERVIEW

2.1 Introduction
The City formed the District in 1995 to provide maintenance services to benefit certain parcels in the City.

The levies are made pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highway Code (the “Act”).

The City designated the Mile of Cars Association as the entity that maintains and administers the improvements and services funded by the District. The Engineer’s Report (the “Report”) describes the District and the annual assessment per parcel for Fiscal Year 2022/23, which is based on the historical and estimated costs to maintain the improvements and provide the services that benefit parcels within the District.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number by the San Diego County Assessor’s Office. The San Diego County Auditor- Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify on the tax roll, properties assessed for special district benefit assessments.

Following consideration of public comments at a noticed public hearing, and following review of the Report, the City Council may confirm the Report as submitted, and may order the levy and collection of assessments for Fiscal Year 2022/23. If approved, the assessment information shall be submitted to the County Auditor-Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2022/23.

2.2 Description of the District Boundaries
The District’s improvements are generally located along National City Boulevard and bounded by 18th Street to the north and 33rd Street and State Route 54 (SR 54) to the south.

2.3 Description of Improvements
A general description of the improvements to be maintained under these proceedings is described as follows, but, shall not be limited to:

1. Median Improvements
• Landscape planting and irrigation
• Colored concrete hardscape
• Lighting system
• Graphic panels, banners and signage
• Painted crosswalks
• Identification sign at 23rd Street and McKinley Avenue 5 512 of 582
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Landscape Maintenance District No. 1 (Mile of Cars) 3

2. Frontage Improvements
• Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street
• Landscape planting and irrigation
• Colored concrete sidewalks and mow curbs
• Street furniture

2.4 Description of Maintenance
The maintenance of the improvements shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including but shall not be limited to:

1. General Plant Maintenance
• Mowing, trimming, pruning and weeding
• Watering, including water usage
• Fertilizing
• Plant replacement
• Periodic skinning of palm trees

2. Maintenance of Irrigation System
• Adjustment of timers
• Repair/replacement of worn-out, stolen or malfunctioning equipment

3. Periodic restriping of decorative crosswalks

4. Periodic repainting of metal benches and trash receptacles

5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment

6. Maintenance of electrical system
• Bulb replacement
• Repair/replacement of worn out or malfunctioning equipment • Electrical energy charges

7. Litter removal

8. Trash pick-up

9. Other repairs of damage caused by vandalism and/or traffic accidents 6 513 of 582
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Landscape Maintenance District No. 1 (Mile of Cars) 4

3. ESTIMATE OF COSTS

3.1 District Budget
The cost of servicing, maintaining, repairing and replacing the improvements as described in the Description of Maintenance are summarized in the table below. Estimated expenditures are shown along with the incidental expenses to be funded by the District.

The following table summarizes the components that make up the Fiscal Year 2022/23 estimate of costs for the District:

Description
Median
Improvements
Frontage
Improvements Total
Maintenance Costs

1. Lawn planting care $0.00 $42,678.29 $42,678.29

2. Median planting care 21,863.06 0 $21,863.06

3. Palm tree maintenance 7,500.00 7,500.00 $15,000.00

4. Water usage 13,836.67 13,836.67 $27,673.34

5. Refurbishment of graphic panels 20,000.00 0 $20,000.00

6. General maintenance of electrical system/lights 3,046.11 0 $3,046.11

7. Electrical usage 19,000.00 0 $19,000.00

8. Refurbishment of decorative crosswalks $250.00 $250.00 $500.00

9. Reserves $250.00 $250.00 $500.00
Total Cost of Annual Maintenance: $85,745.84 $64,514.96 $150,260.80 Incidental Expenses
A. Administration $3,750.00 $3,750.00 $7,500.00
B. Other contractual obligations (1) 4,950.00 4,950.00 9,900.00 C. Engineering 0 0 0
D City expenses 2,750.00 2,750.00 5,500.00
E. Consultant fees 250 250 500.00
F. County collection fees 2.3 2.3 4.6
Total Incidentals: $11,702.30 $11,702.30 $23,404.60
Total Estimated Annual Cost: $97,448.14 $76,217.26 $173,665.40 (Less) General Benefit Contribution(2): ($8,325.92) ($6,264.40) ($14,590.32) TOTAL ANNUAL ASSESSMENT(3): $89,122.22 $69,952.86 $159,075.08 (1) Includes legal, accounting and advertising.
(2) General benefit contribution will be funded from other sources and is not being paid from annual assessments. (3) Amounts shown are prior to truncating and rounding. Refer to Assessment Roll in Section 5.3 for final total figure.

3.2 Reserves
The City may establish and collect reserve funds for the District in order to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. 7 514 of 582

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Landscape Maintenance District No. 1 (Mile of Cars) 5
The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs.

The following table details the current and projected reserve balances:

Reserve Balance
12/31/2021
Reserve Collection/Reduction
for FY 2022/23 (1)
Reserve Balance Projection
6/30/2022
$123,606.00 ($36,295.00) $87,311.00
(1) Includes expenses and reductions between the dates 12/31/2021 and 4/6/2022. 8 515 of 582

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Landscape Maintenance District No. 1 (Mile of Cars) 6

4. ASSESSMENT DIAGRAM
The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor’s Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. The following pages provide a copy of the Amended Assessment Diagram for the District. 9 516 of 582
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Landscape Maintenance District No. 1 (Mile of Cars) 7

5. ASSESSMENTS
The actual assessments for Fiscal Year 2022/23, apportioned to each parcel as shown on the latest equalized roll at the County Assessor’s office, are listed and submitted at the end of this section. The description of each lot or parcel is part of the records of the County Assessor of the County of San Diego and such records are, by reference, made part of this Report.

5.1 Method of Apportionment
The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the Act, must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation.

The figures in Section 5.1 are derived from a Special v. General Benefit Analysis performed in Fiscal Year 2013/14.

5.1.1 IDENTIFY THE BENEFIT
First, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District.

The District’s improvements and services provide benefits to both those properties within the District boundaries and to the community. The benefit conferred to property within the District will be referred to as an “aesthetic benefit.” The aesthetic benefit provided by the district improvements and services are supported by the City’s General Plan (the “Plan”) and the Citywide Goals and Policies regarding Land Use and Community Character for its districts. The Plan states a desire to, “have the community character integrated and to ensure that physical forms, patterns, and aesthetic features advance the City’s desire for a higher quality of life.” The aesthetic benefits provided by the improvements and services support the following City policies outlined in the Plan:
• Policy LU-5.3: Recognize the diverse needs of the City’s business districts through the development of policies, design guidelines, and implementation measures specific to the unique requirements of each district.
• Policy LU-5.4: Allow for adaptive reuse of vacant car dealerships and the establishment of new compatible uses along the Mile of Cars.
• Policy LU-5.9: Encourage members of the business community to participate in implementing actions to improve business districts.
• Policy LU-5.10: Assist the business community in evaluating the City’s marketing and development potential and in identifying development strategies that are beneficial to the public and private sectors.
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Landscape Maintenance District No. 1 (Mile of Cars) 8
• Policy LU-9.1: Design developments along mixed-use and “community corridors” for the comfort and enjoyment of pedestrians and bicyclists. This includes features such as street trees, placing buildings close to the street, de-emphasizing parking lots and garages, limited driveway cuts, traffic-calming features, clearly defined street crossings, adequate lighting, and street furnishings where appropriate.
• Policy LU-9.4: Encourage an overall high-quality streetscape design, where feasible, that promotes narrow roadways, bike lanes; on-street parking, minimal curb cuts; enhanced crosswalks; appropriate sidewalk widths, landscaped medians and parkways; street trees, planters, and wells; street lighting; street furniture; way finding; enhanced paving; public art; and other features that contribute to the desired character for the City, where appropriate. • Policy LU-11.2: Identify gateways at major entrances to the City using such features as buildings, street trees, welcome signs, decorative lighting, archways, and other design techniques to announce the gateway.
• Policy LU-11.4: Recognize, maintain, and enhance the character and identity of residential neighborhoods and business districts.
• Policy LU-11.7: Encourage residential and businesses to clean and maintain their properties and public spaces to further a sense of ownership and community pride. • Policy LU-11.8: Require the sensitive placement, screening, and/or treatment of utility meters, boxes, valves, vaults, switches, plumbing, wiring, fences, etc. to eliminate or minimize the aesthetic impact to the neighborhood.
• Policy LU-11.9: Encourage the improvement of existing signage to help promote a more attractive street scene in business districts.

The Plan states these policies are important because a positive community image and quality community design instills a sense of pride and well-being in the community. The aesthetic benefit attained as a result of the services and improvements provided by the District is detailed below.

5.1.2 AESTHETIC BENEFIT
The aesthetic benefit relates to an improvement in the District’s visual appearance as a result of the District improvements and services. The beautification of property within the District can best be described as the ability for the property within the District to develop and operate at the property’s highest and best use. Properties within the District receive the following aesthetic benefits as a result of the District’s improvements and services:
• Uniform and up-to-date streetscape and median and frontage improvements create cohesion throughout the District from 18th Street to SR 54. This District cohesion enhances the experience for all stakeholders.
• The improvements and services enhance the community identity of the Mile of Cars area, which will lead to a stronger and healthier street corridor. The image of the Mile of Cars area is improved by maintaining the median and frontage improvements.
• The District revitalizes and beautifies the Mile of Cars area. This revitalization encourages new business development and existing business retention and expansion which overall reduces vacancies and increases lease rates for property, more specifically, the auto dealerships located within the District.
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Landscape Maintenance District No. 1 (Mile of Cars) 9
• The streetscape improvements encourage an increase in activity throughout the District. The Mile of Cars area becomes more pedestrian-friendly, thus improving activity for residents and businesses alike.
• Upgraded median and frontage amenities provided by the District enhance the appearance, desirability, and experience of the properties directly fronting the improvements provided throughout the District.

The streetscape improvements add aesthetic value to property adjacent to the improvements, but the improvements also make the property appear more stable and prosperous. The aesthetic benefit received by properties within the District assists each property in developing and operating at its highest and best use.

5.1.3 SEPARATION OF GENERAL BENEFIT
Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must then “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessments imposed.

General benefit is an overall and similar benefit to the public at large resulting from the improvements and services to be provided. The District improvements and maintenance services, which are more fully presented in Section 2 of this Report, will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries.

The District provides aesthetic benefits to the properties within the District. However, it is recognized that the District also provides a level of benefit to some property and businesses within close proximity to the District, as well as visitors and individuals passing through the District. Vehicular and pedestrian traffic from property within and outside of the District, as well as individuals passing through the Mile of Cars area, will be able to enjoy the improvements and maintenance services. Therefore, it is necessary to quantify the general benefits created as a result of the District improvements and services. A Special v.

General Benefit Analysis was performed in Fiscal Year 2013/14 to quantify said general benefits.

5.1.4 QUANTIFICATION OF GENERAL BENEFIT
As previously mentioned, general benefit is an overall and similar benefit to the public at large resulting from the improvements and services which are funded by the assessment revenue. The District improvements and maintenance services will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries.

General benefits accrue to individuals “walking through” the District and to vehicles “passing through” the District. Individuals walking through the District are typically people who live in close proximity and whose origin or destination neither begins with nor ends at a parcel within the District. Any walking that begins with or ends at a parcel within the District are considered part of the special benefit for those parcels within the boundaries of the District.

Vehicles passing through the District are those vehicles whose origin or destination neither begins with nor ends at a parcel within the District. Any vehicle trips that begin with or end at a parcel within the District 15 522 of 582

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Landscape Maintenance District No. 1 (Mile of Cars) 10 are considered part of the special benefit for those parcels within the boundaries of the District. For the purposes of this analysis, it was determined that the general benefit quantification should be focused on vehicle trips passing through the District because National City Boulevard is a major thoroughfare which connects and provides access to SR 54.

To quantify and separate the amount of general benefit received by the general population as a result of the improvements and services provided by the assessment revenue, it has been determined that general benefits accrue mainly to vehicles “passing through” the District. Meaning, any vehicle using the City’s streets that lie within the boundaries of the District that is coming or going to a parcel within the District ultimately is not part of the “general public” benefitting from the proposed improvements and services.

Accordingly, the separation of general benefits from special benefits will be measured by that estimated portion of vehicle trips “passing through” the District.

In order to determine the estimated portion of the vehicle trips “passing through” the District, trip generation data was collected for each parcel within the boundaries of the District using San Diego County assigned land use codes and property characteristics. Each land use code was categorized and located in the ITE Trip Generation Manuals – 2nd Edition. Using the property characteristics and data gathered from the ITE Trip Generation Manuals, the estimated amount of Average Daily Trips (ADT) was calculated for each parcel within the boundaries of the District. The ADT were then added together for each parcel within the boundaries of the District to arrive at a total amount of vehicle trips generated by the District, which equaled 13,385 ADT.

The total average vehicle trips were then compared to the average vehicle trip generation data detailed in the City of National City Comprehensive Land Use Update (Transportation and Circulation) for the streets running through the District, which equaled 14,825 ADT. The comparison concluded that 90.29% of all vehicle trips passing through the District were coming or going to a parcel within the boundaries of the District, hence 90.29% of all vehicle trips passing through the District are designated as benefiting from the special benefits provided by the District. As a result, 9.71% of all vehicle trips passing through the District are general in nature and hence, do not receive any special benefit from the District.

Pursuant to the Special v. General Benefit Analysis performed in Fiscal Year 2013/14, 9.71% of the benefits of the services are considered general benefit. Accordingly, 90.29% of the benefit from the improvements and services are considered to provide special benefit to the properties within the District and thus are subject to the assessment.

5.1.5 APPORTIONMENT OF COSTS
In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was performed and several factors are being used in the final method and spread of assessment.

All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost.

Lineal frontage was assigned as the assessment variable by the original assessment engineer because all of the special aesthetic benefits received by properties within the District from the improvements and services provided, using revenues from the annual assessment levy, can be quantified best by identifying 16 523 of 582

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Landscape Maintenance District No. 1 (Mile of Cars) 11 the lineal frontage of the property along National City Boulevard. Lineal frontage is a tangible property characteristic that clearly ties the aesthetic benefits received by parcels within the District to the amount of frontage of each property, which is where the aesthetic benefit is to be received and realized.

The improvements and maintenance services being provided to and enjoyed by the parcels within the District provide an aesthetic benefit not provided to any parcels outside of the District boundaries. The annual assessment is based upon a parcel’s lineal frontage unless otherwise identified by the original assessment engineer, as previously approved by property owners at the formation of the District.

There are generally two categories of improvements to be maintained by the District – the median improvements and the frontage improvements. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below:

5.1.6 MEDIAN IMPROVEMENTS

1. The total cost for maintenance of the Median Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard.

2. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard, but receives some benefit from median improvements and maintenance services benefiting properties within the boundaries of the District. As a result, the original assessment engineer determined that the parcel received a lower level of benefit and therefore assigned 100 frontage feet of benefit to the parcel.

5.1.7 FRONTAGE IMPROVEMENTS

1. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard.

2. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard. As such, Parcel 32 receives no benefit from the frontage improvements.

3. The frontage of each parcel is determined from current Assessor’s maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot.

5.2 Maximum Annual Assessment Rates
The maximum annual assessment to be levied on all properties within the District in any fiscal year shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures.

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City of National City
Landscape Maintenance District No. 1 (Mile of Cars) 12 The following table shows the historical maximum annual assessment rates.

Fiscal
Year
Percentage
Increase
Maximum
Frontage Rate Per
Frontage Foot
Maximum
Median Rate Per
Frontage Foot
Total Maximum
Rate Per
Frontage Foot(1)
Total Actual
Rate Per
Frontage Foot(1)
Actual
Percentage
Increase
1996/97 N/A $3.29 $6.43 $9.72 $9.72 N/A
1997/98 10% 3.62 7.07 10.69 10.69 9.98%
1998/99 10% 3.98 7.78 11.76 11.09 3.74%
1999/00 10% 4.38 8.56 12.94 11.07 -0.18%
2000/01 10% 4.82 9.41 14.23 11.51 3.97%
2001/02 10% 5.30 10.35 15.66 10.52 -8.60%
2002/03 10% 5.83 11.39 17.22 11.03 4.85%
2003/04 10% 6.41 12.53 18.95 11.25 1.99%
2004/05 10% 7.05 13.78 20.84 11.56 2.76%
2005/06 10% 7.76 15.16 22.93 11.68 1.04%
2006/07 10% 8.54 16.68 25.22 12.37 5.91%
2007/08 10% 9.39 18.35 27.74 13.72 10.91%
2008/09 10% 10.33 20.18 30.52 14.79 7.80%
2009/10 10% 11.36 22.20 33.57 16.19 9.47%
2010/11 10% 12.50 24.42 36.93 16.87 4.20%
2011/12 10% 13.75 26.86 40.62 15.75 -6.64%
2012/13 10% 15.12 29.55 44.68 15.80 0.32%
2013/14 10% 16.64 32.51 49.15 15.49 -1.96%
2014/15 10% 18.30 35.76 54.07 15.15 -2.19%
2015/16 10% 20.13 39.33 59.46 15.11 -0.26%
2016/17 10% 22.15 43.27 65.42 15.86 4.96%
2017/18 10% 24.36 47.60 71.96 15.69 -1.07%
2018/19 10% 26.80 52.36 79.16 16.38 4.40%
2019/20 10% 29.48 57.59 87.07 16.76 2.32%
2020/21 10% 32.43 63.35 95.78 17.23 2.80%
2021/22 10% 35.67 69.69 105.36 17.23 0.00%
2022/23 10% 39.24 76.66 115.90 17.63 2.32%
(1) Rates are truncated.

The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount.

The actual combined annual assessment rate for Fiscal Year 2022/23 is $17.63, which reflects an increase of 2.32% from Fiscal Year 2021/22.

5.3 Assessment Roll
The proposed Fiscal Year 2022/23 District assessment roll is listed on the following page.

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City of National City
Landscape Maintenance District No 1 (Mile of Cars)
Final Billing Detail Report for Fiscal Year 2022/23
APN Street Address Frontage Levy Total
560-203-03-00 1800 NATIONAL CITY BLVD 291 $5,131.58
560-204-02-00 1940 NATIONAL CITY BLVD 140 2,468.80
560-204-04-00 1900 NATIONAL CITY BLVD 190 3,350.52
560-210-01-00 1807 NATIONAL CITY BLVD 125 2,204.28
560-210-04-00 1889 NATIONAL CITY BLVD 165 2,909.66
560-210-40-00 1935 NATIONAL CITY BLVD 211 3,720.84
560-210-41-00 1907 NATIONAL CITY BLVD 50 881.70
560-210-42-00 NATIONAL CITY BLVD 30 529.02
560-261-08-00 2005 NATIONAL AVE 270 4,761.26
560-271-07-00 2115 NATIONAL CITY BLVD 75 1,322.56
560-271-09-00 2133 NATIONAL CITY BLVD 50 881.70
560-271-14-00 NATIONAL CITY BLVD 95 1,675.26
560-271-15-00 2135 NATIONAL CITY BLVD 100 1,763.42
560-330-03-00 2301 NATIONAL CITY BLVD 591 10,421.88
560-393-03-00 2020 NATIONAL CITY BLVD 140 2,468.80
560-393-04-00 2050 NATIONAL CITY BLVD 480 8,464.48
562-021-01-00 2401 NATIONAL CITY BLVD 100 1,763.42
562-021-07-00 2421-41 NATIONAL CITY BLVD 160 2,821.48
562-031-13-00 2533 NATIONAL CITY BLVD 110 1,939.76
562-031-14-00 2501 NATIONAL CITY BLVD 160 2,821.48
562-090-06-00 2601 NATIONAL CITY BLVD 270 4,761.26
562-100-13-00 2729 NATIONAL CITY BLVD 135 2,380.62
562-100-14-00 2701 NATIONAL CITY BLVD 135 2,380.62
562-150-13-00 2940 NATIONAL CITY BLVD 209 3,685.56
562-160-07-00 2829 NATIONAL CITY BLVD 300 5,290.30
562-180-32-00 NATIONAL CITY BLVD 82 1,446.00
562-180-33-00 NATIONAL CITY BLVD 127 2,239.56
562-220-11-00 100-36 W 30TH ST 100 983.14
562-220-13-00 3000 NATIONAL CITY BLVD 230 4,055.90
562-220-31-00 NATIONAL CITY BLVD 155 2,733.32
562-220-32-00 3150 NATIONAL CITY BLVD 314 5,537.18
562-251-37-00 3001 NATIONAL CITY BLVD 202 3,562.12
562-251-38-00 3003 NATIONAL CITY BLVD 167 2,944.92
562-252-16-00 3131 NATIONAL CITY BLVD 330 5,819.32
562-321-07-00 NATIONAL CITY BLVD 182 3,209.44
562-321-08-00 NATIONAL CITY BLVD 148 2,609.88
562-330-43-00 132 W 33RD ST 40 705.36
562-330-47-00 3200 NATIONAL CITY BLVD 192 3,385.78
562-330-48-00 NATIONAL CITY BLVD 133 2,345.36
562-340-09-00 2800 NATIONAL CITY BLVD 300 5,290.30
562-340-47-00 2626 NATIONAL CITY BLVD 164 2,892.02
562-340-48-00 2700 NATIONAL CITY BLVD 436 7,688.56
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 1 of 2 04/28/2022 10:55:37PM 19 526 of 582
City of National City
Landscape Maintenance District No 1 (Mile of Cars)
Final Billing Detail Report for Fiscal Year 2022/23
APN Street Address Frontage Levy Total
562-340-49-00 2202 NATIONAL CITY BLVD 291 5,131.58
562-340-50-00 2340 NATIONAL CITY BLVD 300 5,290.30
562-340-69-00 2400 NATIONAL CITY BLVD 290 5,113.96
562-340-70-00 2590 NATIONAL CITY BLVD 300 5,290.30
9065 $159,074.5646 Accounts
9065 $159,074.5646 Total Accounts
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 2 of 2 04/28/2022 10:55:38PM 20 527 of 582
RESOLUTION NO. 2022 -

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

CALIFORNIA CONFIRMING THE ASSESSMENT AND ORDERING THE LEVY FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2022/23

WHEREAS, City Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the City’s Landscape Maintenance District No. 1 (Mile of Cars) (the “Assessment District”); and

WHEREAS, on June 7, 2022 , City Council adopted Resolution No. 2022 -92 declaring its intention to hold a Public Hearing concerning the levy and collection of assessments within the Assessment District; and

WHEREAS, a Public Hearing has been held and concluded and notice thereof was duly given in accordance with Section 22626 of the Act; and

WHEREAS, at the time and place specified in the Resolution of Intention, the City conducted such hearing and considered all objections to the assessment.

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

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

Section 1: Confirmation of Assessment a nd Diagram: City Council hereby confirms the assessment and the diagram as is described in full detail in the Annual Report on file with the City Clerk.

Section 2: Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this R esolution shall constitute the levy of an assessment for the fiscal year commencing July 1, 2022 and ending June 30, 2023.

Section 3: Ordering of the Levy: City Council hereby orders NBS to prepare and submit the levy of assessments to San Diego County for placement on the Fiscal Year 2022/23 secured property tax roll.

Section 4: That the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

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Resolution No. 2022 –
Page Two

PASSED and ADOPTED this 21st day of June 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 authorizing various fiscal year 2022 3rd Quarter budget adjustments. (Finance)
Please scroll down to view the backup material.
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City Council Staff Report

June 21, 2022

ITEM

Resolution of the City Council of the City of National City authorizing various fiscal year 2022 third quarter budget adjustments

BACKGROUND

This report provides a look at the status of the City’s General Fund Budget through March 31, 2022. A mid-year status report was provided on March 15, 2022. In addition, the report recommends various budget adjustments.

DISCUSSION

Summary

The adopted fiscal year 2022 General Fund budget authorized a use of $3.8 million of unassigned fund balance in order to continue to provide necessary services to the residents of the City of National City. Based on an analysis of year-to-date actual revenues and expenditures and projected financial activity through year-end, we anticipate a gain in unassigned fund balance of $3.4 million. Unassigned fund balance is able to grow beyond the projected $0.1 million fiscal year 2022 surplus due to continuing capital projects and prior year expenditure commitments totaling $3.3 million coming from assigned fund balance. The following sections of this report will discuss the significant factors leading to this anticipated significant improvement.

Revenues

For fiscal year 2022, General Fund revenues are expected to be greater overall than amounts budgeted by $6.0 million. The projected variances by revenue category are shown in Table A below.

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Staff Report – Fiscal Year 2022 3rd Quarter Budget Review June 21, 2022

Table A
General Fund Revenues Fiscal Year 2022

Revenue Category
Adopted
Budget
Adjusted
Budget
Projected
Actuals Variance
Sales & Use Tax $20,397,106 $20,397,106 $23,377,000 $2,979,894 District Transactions & Use Tax 12,654,000 12,654,000 15,154,000 2,500,000 Property Tax 2,372,998 2,372,998 2,406,012 33,013 Property Tax in Lieu of VLF 7,741,006 7,741,006 7,895,180 154,174 Other Revenues 13,588,107 16,669,113 17,014,555 345,442 Transfers In 5,500 2,065,500 2,065,500 -
Total $56,758,717 $61,899,723 $67,912,247 $6,012,524

Note: The Adjusted Budget equals the Adopted Budget plus any year to date amendments to the budget, as well as adjustments to match appropriations carried over for revenue offset capital projects.

The General Fund’s primary sources of revenue are the sales & use tax, the district transactions & use tax, property tax in lieu of vehicle license fees, and property taxes. Projections are based on a combination of year-to-date and historical data, input from the City’s sales tax consultant, and information obtained from the State of California and County of San Diego:
 Sales & Use Tax and District Transactions & Use Tax: The adopted budget for these two major funding sources anticipated less robust retail sales due to the COVID-19 pandemic than has turned out to be the case. Retail sales activity has resulted in Sales & Use Tax revenues trending above actual amounts for the same period as last fiscal year, which had also beat expectations. Based on projections provided in May by the City’s sales tax consultant, these revenues are expected to exceed the Fiscal Year 2021-22 budget by about $3.0 million. The District Transactions & Use Tax is currently expected to finish the year at $2.5 million above the budgeted level. Staff is working on a continuing basis with the City’s sales tax consultant to ensure that we are working with the latest information for each of these funding sources as we continue to operate within the uncertainties created by the pandemic and now in an inflationary environment not seen in decades.
 Property Tax revenue is expected to be above budget by approximately $33,000, not a significant difference.
 Property Tax in Lieu of Vehicle License Fees (VLF) is based on a formula that applies the City-wide increase in assessed property values to the prior year’s allocation. The increase in assessed values was not known at the time the budget was prepared, but the actual amount will be $154,000 greater than budgeted.

Revenues in the “Other Revenues” category are expected to end the year above budget by $0.3 million, which is attributable to a combination of projected positive and negative variances in the various individual accounts. Accounts expected to significantly exceed budgeted amounts include pass-through and residual balance payments from the Successor Agency, the transient lodging tax, rental payments for City owned land, earnings on investments, plan check fees, and 2 533 of 582

Staff Report – Fiscal Year 2022 3rd Quarter Budget Review June 21, 2022

cannabis business fees. Accounts expected to be significantly below budget include swimming pool revenue and building permit fees.

Expenditures

Expenditure totals at year-end are currently projected to be below budget by $1.4 million. The variances by expenditure category are shown in Table B below.

Table B
General Fund Expenditures Fiscal Year 2022

Expenditure Category
Adopted
Budget
Adjusted
Budget
Projected
Actuals Variance
Personnel $41,045,469 $42,771,762 $41,809,000 ($962,762) Maintenance & Operations 6,863,263 7,959,680 7,240,430 (719,250) Capital Outlay 175,430 167,450 167,450 -
Capital Improvement Program 2,750,000 7,745,493 7,745,493 - Internal Service Charges & Reserves 7,726,142 7,646,142 7,646,142 - Transfers Out 1,993,910 2,879,739 3,194,303 314,564
Total $60,554.214 $69,170,267 $67,802,818 ($1,367,449)

Note: The Adjusted Budget equals the Adopted Budget plus any year to date amendments to the budget, as well as appropriations carried over from the prior year for contracts and capital projects.

Personnel costs make up about 68% of the General Fund’s adopted budget. At fiscal-year-end they are projected to be under budget overall by $1.0 million. While vacant authorized positions are contributing to anticipated savings of $3.0 million, costs related to overtime requirements, primarily in the Police and Fire departments, are expected to exceed budgeted amounts by $1.8 million. In addition, the costs for differential pay and allowances and stipends are expected to be greater than budget by a combined $0.2 million. Overtime reimbursements for fire and police services will exceed the budgeted amount by approximately $0.1 million, offsetting a portion of these costs.

Maintenance & Operations expenditures are projected to be $0.7 million below budget due to a combination of anticipated savings in various accounts partially offset by unanticipated expenses in others.

All appropriations for Capital Outlay and Capital Improvements are being projected as being entirely spent, because none of the current projects are expected to yield any savings from the amounts budgeted. It is likely, however, that some portion of the current year’s appropriations will be unspent at year-end and will be carried over to next fiscal year. For Internal Service Charges, all amounts budgeted are projected to be spent, although at year-end actual expenditures of the service provider funds will be reviewed for savings and charges will be adjusted accordingly. Regarding Transfers-Out, the projection shows the need for an additional $0.3 million. The additional amount is needed to provide sufficient amounts of money in Fund 3 534 of 582

Staff Report – Fiscal Year 2022 3rd Quarter Budget Review June 21, 2022

212 to pay for retiree health benefits and to transfer money from the General Fund to the Trash Rate Stabilization Fund to correct some misclassified revenue postings in fiscal years 2019 through 2021. The details are shown in the schedule of budget adjustments attached to this report.

Net Impact on Unassigned Fund Balance

Table C below combines the revenue and expenditure projections discussed above. As noted in the summary at the beginning of this report, the adopted budget anticipated the use of $3.8 million of unassigned fund balance. The positive revenue variance of $6.0 million together with the projected expenditure savings of $1.4 million results in a $7.4 million improvement from the adjusted budget’s use of unassigned fund balance. As shown in the “Projected Actual” column, there is now an anticipated gain in unassigned fund balance $3.4 million. The actual change in the amount of unassigned fund balance as of June 30, 2022 will not be known until the completion of the Fiscal Year 2021-22 Annual Comprehensive Financial Report (ACFR).

Table C
General Fund Impact on Fund Balance Fiscal Year 2022

Note: The use of Assigned Fund Balance is the sum of non-revenue offset appropriations that were carried over from unspent amounts from the prior fiscal year. Appropriations are carried over for contracts for work that was in progress in the prior year as well as for unspent appropriations for capital projects. The use of Unassigned Fund Balance is the focus of this report.

BUDGET ADJUSTMENTS

During the third quarter budget review process, the Finance Department, in conjunction with City department staff, identified budget adjustments necessary due to expenses unanticipated during the annual budgeting process. The attached schedule (“Exhibit ‘A’”) details the recommended adjustments. The recommendation section below provides a summary of those adjustments by fund.

FY 21-22
Adopted
FY 21-22
Adjusted
FY21-22
Projected Variance
Total Revenues $56,758,717 $6 1,899,723 $67,912,247 $6,012,524 Total Expenditures $60,554,214 $69,170,267 $67,802,818 ($1,367 ,449) (Use of)/Gain in Fund Balance ($ 3,795,497) ($7,270,544) $109,429 $7,379,972 Fund Balance (Use)/Gain by Category
Assigned ($3,348,727) ($3,348,727) -
Unassigned ($3,795,497) ($3,92 1,817) $3,45 8,156 $7,379,972 Total ($3,795,497) ($7,270,544) $109,429 $7,379,972 4 535 of 582

Staff Report – Fiscal Year 2022 3rd Quarter Budget Review June 21, 2022

RECOMMENDATIONS

1. Adopt a resolution authorizing the City Manager to approve budget adjustments up to the following amounts:
 General Fund
Expenditures
□ $456,614
Revenues
□ $112,050
 Facilities Maintenance Fund
Expenditures
□ $100,000
 Library Fund
Expenditures
□ $70,000
 Trash Rate Stabilization Fund
Revenues
□ $263,564
 EMT Revolving Fund
Expenditures
□ $6,000
 Post-Employment Benefit Fund
Expenditures
□ $51,000
Revenues
□ $51,000

2. Accept and file
this staff report.
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Exhibit A
Fund Expenditure Revenue Net
General Fund
Finance
Increase in business license compliance work 95,250 $
95,250$                  ‐$
I
ncrease in contract for audit services 23,000$
‐$
23,000$
Trans
fer for increase in post‐employment benefits 51,000$
‐$
51,000$
Finance T
otal 169,250$
95,250$                  74,000$
H
uman Resources
Pre‐employment medical screening for increased number of recruitments 7,000$ ‐$
7,000$
Human Resour
ces Total 7,000$
‐$
7,000$
P
ublic Works/Engineering
Storm drain improvements 16,800$
16,800$                  ‐$
M
isallocation of revenue between General Fund and Trash Rate Stabilization Fund 263,564$ ‐$   263,564$
Pu
blic Works/Engineering Total 280,364$
16,800$                  263,564$
Gener
al Fund Total 456,614$   112,050$                344,564$ Fund Ex
penditure Revenue Net
Facilities Maintenance Fund
Public Works/Engineering
Water rate increases, additional parks & median facilities and outstanding invoices 100,000$   ‐$   100,000$ F
acilities Maintenance Fund Total 100,000$   ‐$   100,000$ Fund Ex
penditure Revenue Net
Library Fund
Library ‐$
F
und balance appropriation for increased post‐pandemic Library staffing 70,000$   ‐$   7 0,000$
Libr
ary Fund Total 70,000$   ‐$   7
0,000$
SUPPLEMENTAL APPROPRIATION REQUESTS -Summary
Fiscal Year 2022
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Exhibit A
SUPPLEMENTAL APPROPRIATION REQUESTS -Summary
Fiscal Year 2022
Fund Expenditure Revenue Net
Trash Rate Stabilization Fund
Public Works/Engineering
Misallocation of revenue between General Fund and Trash Rate Stabilization Fund ‐ $   263,564$ (263,564)$
T
rash Rate Stabilization Fund Total ‐$   263,564$
(263,564)$
Fund Ex
penditure Revenue Net
EMT Revolving Fund
Fire
Fund balance appropriation for increased personnel services costs 6,000$ ‐$
6,000$
EMT
Revolving Fund Total 6,000$
‐$
6,000$
Fund Ex
penditure Revenue Net
Post‐employment Benefit Fund
Finance
Transfer for increase in post‐employment benefits 51,000$   5 1,000$                  ‐$
Post‐employment Benefit Fund T
otal 51,000$   5
1,000$                  ‐$
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RESOLUTION NO. 2022 –

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, AUTHORIZING VARIOUS FISCAL YEAR 2022 THIRD QUARTER

BUDGET ADJUSTMENTS
WHEREAS, on June 1, 2021, the City Council of the City of National City adopted Resolution No. 2020-121, adopting the budget for Fiscal Year 2022; and WHEREAS, as part of the third quarter review process, the Finance Department reviewed the first nine months for actual revenues and expenditures, and projected the last three months of the fiscal year; and
WHEREAS, the third quarter budget review was presented to the City Council and members of the public on June 21, 2022; and
WHEREAS, the City Manager h as requested approval of the Recommended Third Quarter Budget Adjustments (“Exhibit ‘A”).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Hereby approves the fiscal year 20 22 Recommended third quarter Budget Adjustments (“Exhibit ‘A’”) and authorizes the City Manager to make the associated adjustments to the Fiscal Year 2022 Budget.

Section 2: That t he City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions PASSED and ADOPTED this 21st day of June, 2022.

______________________________
Alejandro Sotelo-Solis, Mayor
ATTEST:
______________________
Luz Molina, City Clerk

APPROVED AS TO FORM

_________________________
Charles E. Bell Jr., City Attorney
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Exhibit A
Fund Expenditure Revenue Net
General Fund
Finance
Increase in business license compliance work 95,250 $
95,250$                  ‐$
I
ncrease in contract for audit services 23,000$
‐$
23,000$
Trans
fer for increase in post‐employment benefits 51,000$
‐$
51,000$
Finance T
otal 169,250$
95,250$                  74,000$
H
uman Resources
Pre‐employment medical screening for increased number of recruitments 7,000$ ‐$
7,000$
Human Resour
ces Total 7,000$
‐$
7,000$
P
ublic Works/Engineering
Storm drain improvements 16,800$
16,800$                  ‐$
M
isallocation of revenue between General Fund and Trash Rate Stabilization Fund 263,564$ ‐$   263,564$
Pu
blic Works/Engineering Total 280,364$
16,800$                  263,564$
Gener
al Fund Total 456,614$   112,050$                344,564$ Fund Ex
penditure Revenue Net
Facilities Maintenance Fund
Public Works/Engineering
Water rate increases, additional parks & median facilities and outstanding invoices 100,000$   ‐$   100,000$ F
acilities Maintenance Fund Total 100,000$   ‐$   100,000$ Fund Ex
penditure Revenue Net
Library Fund
Library ‐$
F
und balance appropriation for increased post‐pandemic Library staffing 70,000$   ‐$   7 0,000$
Libr
ary Fund Total 70,000$   ‐$   7
0,000$
SUPPLEMENTAL APPROPRIATION REQUESTS -Summary
Fiscal Year 2022
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Exhibit A
SUPPLEMENTAL APPROPRIATION REQUESTS -Summary
Fiscal Year 2022
Fund Expenditure Revenue Net
Trash Rate Stabilization Fund
Public Works/Engineering
Misallocation of revenue between General Fund and Trash Rate Stabilization Fund ‐ $   263,564$ (263,564)$
T
rash Rate Stabilization Fund Total ‐$   263,564$
(263,564)$
Fund Ex
penditure Revenue Net
EMT Revolving Fund
Fire
Fund balance appropriation for increased personnel services costs 6,000$ ‐$
6,000$
EMT
Revolving Fund Total 6,000$
‐$
6,000$
Fund Ex
penditure Revenue Net
Post‐employment Benefit Fund
Finance
Transfer for increase in post‐employment benefits 51,000$   5 1,000$                  ‐$
Post‐employment Benefit Fund T
otal 51,000$   5
1,000$                  ‐$
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The following page(s) contain the backup material for Agenda Item: Resolution of the Community Development Commission-Housing Authority of the City of National City, California, authorizing the Executive Director to execute a Regulatory Agreement with Southern Highlands Apartments L.P., providing for a restriction of rents at 60% of Area Median Income for 55 years on a 151-unit rental housing project located at 2525 Highland Avenue in National City (“Project”) and approve a $10,000 grant to assist in the Project. (Housing Authority)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COMMUNITY DEVELOPMENT COMMISSION-HOUSING AUTHORITY

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:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:
___________________
________________

June 21, 2022
Resolution of the Community Development Commission-Housing Authority of the City of National City, California, authorizing the Executive Director to execute a Regulatory Agreement with Southern Highlands Apartments L.P., providing for a restriction of rents at 60% of Area Median Income for 55 years on a 151-unit rental housing project located at 2525 Highland Avenue in National City (“Project”) and approve a $10,000 grant to assist in the Project.

Housing Authority
Refer to Attachment No. 1 Explanation.

Angelita Palma, Housing Programs Manager

1. Explanation

2. Regulatory Agreement

3. Resolution
No CEQA Exemption - This action is not subject to review under the California Environmental Quality Act

FINAL ADOPTION:

APPROVED: ________________ MIS
Expenditure Account: 501-419-462-299-0000 Housing Authority Contract Services - $10,000 The grant has already been budgeted by the Housing Authority.

Adopt the Resolution.

Not applicable to this report.
(619) 336-4219
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Attachment No. 1

City of National City, California
Community Development Commission-Housing Authority
June 21, 2022
Staff Report Explanation

Resolution of the Community Development Commission-Housing Authority of the City of National City, California, authorizing the Executive Director to e xecute a Regulatory Agreement with Southern H ighlands Apartments L.P., providing for a restriction of rents at 60% of Area Median Income for 55 years on a 151-unit rental housing project located at 2525 Highland Avenue in National City (“Project”) and approve a $10,000 grant to assist in the Project.

In 2020, Southern Highlands Apartments L.P. (“ Owner”) applied to receive an allocation of tax - exempt multifamily bonds and an allocation of 4% Low Income Housing Tax Credits for the preservation of the P roject as deed-restricted affordable housing for 55 years. The O wner was unsuccessful in securing tax credits as the State of California made the 4% tax -exempt bond program competitive and prioritizing affordable housing new construction over preservation.

Since then, the Owner has been working with the CDC -HA to identify strategies to preserve the Project as deed-restricted affordable housing. The Owner and CDC-HA have agreed to terms for an innovative and effective way to preserve this Project for affordable housing. The Owner has agreed to enter into a Regulatory Agreement with CDC-HA restricting the rents at the Property to 60% of Area Median Income (“AMI”) adjusted by household size and incomes of tenant households at or below 80% AMI. The term of the Regulatory Agreement is 55 years, during which the Project will pay an annual per-unit monitoring fee (currently $215.00 per unit) to the CDC-HA.

The Project’s units were recently renovated, and the Owner has also committed to mak ing additional capital improvements totaling $750,000 to the Project’s common areas and systems to improve resident quality of life and ensure strong property maintenance. The CDC-HA will provide a grant of $10,000 to assist with the operation and maintenance of the P roject, which will complement the improvements made by the Owner.

Following the recordation of the Regulatory A greement, the Owner intends to apply for the California Welfare Property Tax Exemption (Section 214(g)), exempting the Pro from ad-valorem property taxes. This property tax exemption is commonly used by deed-restricted, government- financed affordable housing to maintain affordability and reduce rents for the units occupied by low-income households.

CDC-HA engaged Keyser Marston Associates (“KMA”) to analyze the public benefits of the below- market rents versus the cost of foregone property tax revenue to the City of National City. KMA concluded that the rent savings significantly exceeded the lost property tax rev enues to the City.

As a result, staff recommends that the CDC-HA move forward with this proposal which will help preserve the affordability of 151 at-risk units and prevent any displacement of current residents.

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RESOLUTION NO. 2022 -

RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING

AUTHORITY OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE

EXECUTIVE DIRECTOR TO EXECUTE A REGULATORY AGREEMENT WITH SOUTHERN HIGHLANDS APARTMENTS L.P., PROVIDING FOR A RESTRICTION OF RENTS AT 60% OF AREA MEDIAN INCOME FOR 55 YEARS ON A 151-UNIT RENTAL HOUSING PROJECT LOCATED AT 2525 HIGHLAND AVENUE IN NATIONAL CITY (“PROJECT”) AND APPROVE A $10,000 GRANT TO ASSIST IN THE PROJECT

WHEREAS, in 2020, Southern Highlands Apartments L.P. (“Owner”) applied to receive an allocation of tax-exempt multifamily bonds and an allocation of 4% Low Income Housing Tax Credits for the preservation of the Project as deed -restricted affordable housing for 55 years; and

WHEREAS, the Owner was unsuccessful in securing tax credits as the State of California made the 4% tax-exempt bond program competitive and prioritizing affordable housing new construction over preservation; and

WHEREAS, the Owner has been working with the Community Development Commission-Housing Authority (“CDC-HA”) to identify strategies to preserve the Project as deed-restricted affordable housing; and

WHEREAS, the Owner and CDC-HA have agreed to terms for an innovative and effective way to preserve this Project for affordable housing; and

WHEREAS, The Owner has agreed to enter into a Regulatory Agreement with CDC-HA restricting the rents at the Property to 60% of Area Median Income (“AM I”) adjusted by household size and incomes of tenant households at or below 80% AMI; and

WHEREAS, The term of the Regulatory Agreement is 55 years, during which the Project will pay an annual per-unit monitoring fee (currently $215.00 per unit) to the CDC- HA; and

WHEREAS, the Project’s units were recently renovated, and the Owner has also committed to making additional capital improvements totaling $750,000 to the Project’s common areas and systems to improve resident quality of life and ensure strong property maintenance; and

WHEREAS, the CDC-HA will provide a grant of $10,000 to assist with the operation and maintenance of the Project, which will complement the improvements made by the Owner; and

WHEREAS, following the recordation of the Regulatory Agreement, the Owner intends to apply for the California Welfare Property Tax Exemption (Section 214(g)), exempting the Pro from ad-valorem property taxes; and

WHEREAS, the property tax exemption is commonly us ed by deed -restricted, government-financed affordable housing to maintain affordability and reduce rents for the units occupied by low-income households; and
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2 Resolution No. 2022 –
Page Two

WHEREAS, CDC-HA engaged Keyser Marston Associates (“KMA”) to ana lyze the public benefits of the below-market rents versus the cost of foregone property tax revenue to the City of National City which concluded that the rent savings significantly exceeded the lost property tax revenues to the City; and

WHEREAS, City staff recommends that the CDC-HA move forward with this proposal which will help preserve the affordability of 151 at-risk units and prevent any displacement of current residents.

NOW, THEREFORE, COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF

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

Section 1: Authorizes the Executive Director to execute a Regulatory Agreement with Southern Highlands Apartments L.P., providing for a restriction of rents at 60% of Area Median Income for 55 years on a 151 -unit rental housing project located at 2525 Highland Avenue in Nation al City (“Project”) and approve a $10,000 grant to assist in the Project.

Section 2: 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 21st day of June, 2022.

_____________________________
Alejandra Sotelo-Solis, Chairwoman

ATTEST:

_____________________________
Brad Raulston, Secretary

APPROVED AS TO FORM:

_____________________________
Charles E. Bell Jr., General Counsel

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The following page(s) contain the backup material for Agenda Item: Public Meeting Protocols - Return to In-Person Meetings. (City Manager) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETING DATE: June 21, 2022 AGENDA ITEM NO.

ITEM TITLE:

Public Meeting Protocols - Return to In-Person Meetings. (City Manager).

PREPARED BY: Tony Winney, Assistant City Manager DEPARTMENT: City 1 M�a3er's Office
PHONE: 619-336-4200 APPROVED BY: 4 ,,,(/�
EXPLANATION:
/
The City Council has made previous findings to remain virtual as allowed under AB 361 which authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act. On April 5, 2022, the City Council voted to transition Public Meetings, including City Council and all Boards, Commissions & Committees (BCCs), back to in-person meetings effective August 1.

The attached presentation summarizes the meeting protocols that were previously approved by City Council on April 5, 2022 that will go into place on August 1, 2022 for City Council and Board, Commission and Committee meetings.

FINANCIAL STATEMENT: APPROVED: -------- Finance
ACCOUNT NO. APPROVED: -------- MIS
This report does not reflect any financial changes to the budget at this time.

ENVIRONMENTAL REVIEW:

This action is not subject to review under the California Environmental Quality Act (CEQA) ORDINANCE: INTRODUCTION: D FINAL ADOPTION: D
STAFF RECOMMENDATION:

Return to in-person meetings starting on August 1, 2022 for City Council and Board, Commission and Committee meetings.

BOARD/ COMMISSION RECOMMENDATION:

None.

ATTACHMENTS:

Attachment 1 - Presentation on Return to In-Person Meeting Protocols ---- --- - -::,
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MEETING PROTOCOLS
Return to In-Person Public Meetings
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On February 16,
2022, Governor
Newsom removed
mask mandate and
most other public
COVID restrictions
As of June 13, 2022, of the 17 surrounding
cities within SD County, all have returned to
in-person Public Meetings.
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 City Council and staff in person on August 1. Meeting protocols outlined in City Council Policy 104 and in
compliance with Brown Act, same as pre-COVID.
 A majority of the City Council must attend meetings in Council Chambers. Any virtual participation by City
Council members must be in full compliance with all
Brown Act teleconferencing requirements under specific
circumstances.
 In-Person Public Comment in Chamber.
 Audio only verbal comments will be offered virtually for the public on a trial basis through Dec. 2022 for City Council meetings.
 Written Comment provided via email to City Council prior to meeting. Read into the record through Dec. 2022.
 Masks recommended but optional (State mandate).
 Limit seating capacity to 50% | Additional seating in lobby.  Spanish translation offered in person.
 Meeting Livestreamed online and archived via City
website.

Return to In-Person:

City Council Meetings
August 1
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 Boards and Commissions meetings will return to
in person on August 1.
 Boards and Commission Members cannot utilize
teleconferencing due to the Brown Act.
 Meetings resume in the City Hall large conference
room, with the exception of the Library Board of
Trustees in Library and Planning
Commission/CPRC in Council Chambers.
 In-Person Public Comment resumes.
 Written Comment provided via email prior to
meeting. Read into the record through Dec. 2022.
 Audio only verbal comments will be also be
offered virtually for the public on a trial basis
through Dec. 2022 for Planning Commission and
CPRC based on current livestreaming technology.

Return to In-Person:

Boards and
Commissions
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Discussion and Questions
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The following page(s) contain the backup material for Agenda Item: Update on the disposition of City-owned real property located at 921 and 929 National City Boulevard, National City. (Housing Authority)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

June 21, 2022

ITEM TITLE:

PREPARED BY: DEPARTMENT: Housing Authority
PHONE: (619) 336-4391
EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:
_____________
________________

Update on the disposition of City-owned real property located at 921 and 929 National City Boulevard, National City.

See Attachment No. 1

1. Explanation

No CEQA Exemption - This action is not subject to review under the California Environmental Quality Act (CEQA).

FINAL ADOPTION:

APPROVED: ________________ MIS
No Fiscal Impact – This report is informational only, there is no fiscal impact associated with the report.

At this time, staff is providing an update while seeking further guidance from the City Attorney on proceeding with the disposition of the property as exempt surplus land, and further evaluating a recent proposal for affordable housing. Upon completion of legal review and after additional due diligence is conducted, staff will return to City Council to provide its findings and request direction on the sale of the City Property.

Not applicable to this report.

Carlos Aguirre, Director

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Attachment No. 1

City Council of the City of National City
Staff Report
June 21, 2022
Update on the disposition of City-owned real property located at 921 & 929 National City Boulevard, National City.

Background
The City of National City owns an 11,761 sq. ft. parcel of land at 921 and 929 National City Boulevard in National City (together referred to as “City Property”). The City Property is made up of two separate lots that were purchased by the Community Development Commission of the City of National City (“CDC”). The lot located at 921 National City Boulevard was purchased in August 2000 for $350,000 and was formerly an education center. The lot located at 929 National City Boulevard was purchased by the CDC in July 2003 for $225,000.

The City Property was included in the Long Range Property Management Plan (“LRPMP”) that was approved by the Oversight Board of Successor Agency to the Community Development Commission of the City of National City in December 2015. The LRPMP stated that the City would retain and later dispose the City Property for future development. The disposition of the City Property would require a distribution of proceeds from a sale to the affected taxing entities.

In March 2017, the City of National City issued a Request f or Proposals for future development but no proposals were received. In 2018, the City Property and the adjacent property at 999 National City Boulevard (“Trophy Lounge Property”) were considered in Southwestern Community College District’s Facilities Master Plan for future expansion of their National City campus. The Trophy Lounge Property sits on the northeast corner of National City Boulevard and Plaza Blvd and is 8,712 sq. ft. Since 2018, Southwestern Community College District (“ Southwestern College”) has been in contact with the City and Trophy Lounge Property owners attempting to assemble the parcels for a mixed-use, multi-story development.

In March 2020, City staff and Southwestern College staff worked on coordinating a joint meeting of the City Council of the City of National City and Southwestern College Board of Directors to discuss the potential expansion of National City campus of Southwestern College to build additional facilities and student housing. However, due to the onset of COVID-19 pandemic, the joint meeting was cancelled.

In October 2020, the Trophy Lounge Owner represented by real estate broker Cyrus & Emilia Inc.(“CEI”) submitted a letter of intent to purchase the City’s property for $400,000.

The City declined the low offer and reconsidered Southwestern College’s interest to expand the campus and provide affordable student housing. City staff encouraged CEI to engage with Southwestern College in discussions to see if a development partnership was possible. In the process, Southwestern College involved a broker and presented an 577 of 582
Attachment No. 1

offer to CEI to purchase the Trophy Lounge Property for full market value. CEI declined the offer on behalf of the owner of the Trophy Lounge Property.

On April 12, 2022, Tower 999, LLC acquired the Trophy Lounge Property for $1,200,000.

CEI invited City staff on May 25, 2022 to introduce their partnership with Shift Capital and proposed a 20,000 square foot , 9 story building at both the Trophy Lounge and City Property. Their proposal stated that the project would have approximately 100 units of which 25% of the units would be restricted as lower-income units. The new development would also include 5,000 square feet of street-level retail space and 55 parking spaces.

Surplus Land Act
The sale of the City Property would be subject to the provisions of the Surplus Land Act as amended by AB 1486 and AB 1255. Under the Surplus Land Act, Government Code Sections 54220-54233 ("Act"), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land as surplus and not necessary for the City's use. The Act provides that land shall be declared either “surplus land” or “exempt surplus land” before the City takes action to dispose of it consistent with the Act and City policies and procedures.

Under the Act, land is necessary for the City's use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations. The Act specifies that the City's use does not include commercial or industrial uses, and land that is disposed of for the sole purpose of investment or generation of revenue is not necessary for the City's use.

The Act requires that before the City Council dispos es of a Property or engages in negotiations to dispose of the Property, the City must send a written notice of availability ("NOA") of the Property, which includes the location and a description of the Property, to certain designated entities.

The City must send the NOA by email or certified mail to the designated entities set forth below:
a) Housing Sponsors that have notified the Department of Housing and Community Development of their interest in receiving notices of availability (for the purpose of developing low- and moderate-income housing).
b) Local public entities within whose jurisdiction the Property is located (for the purpose of developing low and moderate income housing). "Local public entities" include cities, counties, cities and counties, the governing bodies of Indian reservations or rancherias, tribally designated housing entities, housing authorities, and any State agency, public district or other political subdivision of the State, and any instrumentality thereof, authorized to engage in or assist in the development of or operation of housing for low or moderate income households. "Local public entities" also include joint power authorities and the HCD.
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Attachment No. 1

If a designated entity is interested in purchasing or leasing the Property for an authorized purpose, it must notify the City in writing within 60 days after the City sends the NOA by email or certified mail.

If the City does not receive any notices of interest within the 60-day period or the notices of interest do not comply with the Act, the City may dispose of the Property without further regard to the requirements of the Act, although, as discussed below, HCD has been given oversight over the disposition of surplus land.

If the City receives a notice of interest from one or more designated entities within the 60- day period that comply with the Act, the City must enter into good faith negotiations with the designated entity or entities in an attempt to agree to a mutually satisfactory sales price and terms or lease terms. If the City does not agree on price and terms with any of the entities after a negotiation period of at least 90 days, the City may dispose of the surplus land without further regard to the Act, except as described below regarding oversight by HCD.

In negotiating with designated entities, the City shall not require terms as a condition of the sale or lease of the Property that disallow residential use, except if required to mitigate impacts to public health and safety or city operations; reduce the allowable number of residential units or the maximum lot coverage below what may be allowed by zoning or the General Plan; or require any design standards or architectural requirements that would have a substantial adverse effect on the viability or affordability of a low and moderate income housing development, other than the minimum standards required by General Plan, zoning and subdivision standards and criteria. Residential uses shall be deemed an acc eptable use of surplus land for the purposes of good faith negotiations.

Notwithstanding the foregoing, the City may impose a limit on residential use or density if necessary to avoid a specific, adverse impact (supported by written findings) upon the public health or safety or the operation or facilities of a local agency and there is no feasible method to mitigate the impact.

The Act does not restrict the City's authority or discretion to approve land use, zoning or entitlement decisions in connection with the Property or limit the power of the City to sell or the Property for fair market value or less than fair market value.

If the City receives a notice of interest from more than one designated entity, the City must give first priority to the entity or e ntities that agree to use the Property for low - and moderate-income housing that meets the requirements described above. If more than one entity agrees to meet these requirements, the City must give priority to the entity that proposes to provide the great est number of units that meet such requirements. If more than one entity proposes the same number of units that meet such requirements, the City must give priority to the entity that proposes the deepest average level of affordability for the affordable units. The City may negotiate concurrently with all designated entities interested in developing affordable housing.
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Attachment No. 1

Prior to agreeing to terms for the disposition of the Property the City must provide to HCD a description of the NOA and the negotiations conducted with any designated entities. If HCD believes that the City has violated the Act, the City will be given the opportunity to correct the issues identified by HCD or provide written findings to HCD explaining why the proposed disposition complies with the Act. If HCD ultimately determines that the proposed disposition of the Property would violate the Act, HCD can impose a penalty equal to 30% of the final sales price of the Property and notify the Attorney General of the violation. While HCD is not required to implement these provisions until January 1, 2021, the Act does not does not postpone the obligation of cities to provide the required notification to HCD.

Staff Evaluation Pending on a Proposal for Affordable Housing On June 2, 2022, CEI, Shift Capital, and Southwestern College met at City Hall to discuss opportunities for partnership in the development of both the Trophy Lounge Property and met a week later to discuss future partnership with the potential of including student housing for Southwestern College. CEI then shared a letter on June 14, 2022 drafted by their land attorney stating the City should consider selling the City Property as exempt surplus land.

At this time, staff is evaluating CEI’s most recent proposal and seeking further guidance from the City Attorney on proceeding with the disposition of the property as exempt surplus land for affordable housing . Upon the completion of legal review and after additional due diligence is conducted with regards to development team readiness, capacity, and financial commitment to comply with the requirements of the Surplus Land Act, staff will return to City Council to provide its findings and request direction on the sale of the City Property.

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The following page(s) contain the backup material for Agenda Item: City Manager Report. (City Manager)
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Item # ___
06/21/22
City Manager Report

(City Manager)
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