Agenda packet, regular meeting — National City City Council, April 18, 2023 (part 1 of 9)

AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Luz Molina, Vice-Mayor Armando Vergara, Acting City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Jose Rodriguez, Councilmember Shelley Chapel, MMC, City Clerk Ditas Yamane, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________

The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Thank you for participating in local government and the City of National City Council Meetings.

Meetings: Regular City Council Meetings are held on the first and third Tuesday of the month at 6:00 p.m. Special Closed Session Meeting and Workshops may be same day, t he start time is based on needs. Check Special Agendas for times.

Location: Regular City Council Meetings are held in the Council Chamber located at City Hall, 1243 National City Boulevard, National City, CA 91950, the meetings are open to the public.

Agendas and Material: Agendas and Agenda Packet for items listed are available on the City website, and distributed to the City Council no less than 72 hours prior to the Ci ty Council Meeting. Sign up for E-Notifications to receive alerts when items are posted.

Public Participation: Encouraged in a number of ways as described below. Members of the public may attend the City Council Meeting in person, watch the City Council Meeting via live web stream, or participate remotely via Zoom. Recording of Meetings are archived and available for viewing on the City’s website.

Public Comment: Persons wishing to address the City Council on matters not on the agenda may do so under Public Comments. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker’s Slip to the City Clerk prior to the meeting or immediately following the announcement of the item. All commen ts will be limited up to three (3) minutes. The Presiding Officer shall have the authority to reduce the time allotted to accommodate for a large number of speakers. (City Council Policy 104) If you wish to submit written comment email to the City Clerk’s Office at least 2 hours prior to the City Council Meeting to allow time for distribution to the City Council.

Spanish Interpretation Services: Spanish Interpretation Services are available, please contact the City Clerk prior to the start of the meeting for assistance.

American Disabilities Act Title II: In compliance with the American Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office (619) 336 -4228 at least 24 hours in advance of the meeting.

The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Gracias por participar en las reuniones del gobierno local y del Consejo de la Ciudad de National City.

Reuniones: Las reuniones regulares del Consejo Municipal se llevan a cabo el primer y tercer martes del mes a las 6:00 p.m. La reunión especial de sesión privada y los talleres pueden ser el mismo día, la hora de inicio se basa en las necesidades. Consulte las agendas especiales para conocer los horarios.

Ubicación: Las reuniones regulares del Concejo Municipal se llevan a cabo en la Cámara del Consejo ubicada en el Ayuntamiento, 1243 National City Boulevard, National City, CA 91950, las reuniones están abiertas al público.

Agendas y Material: Las Agendas y el Paquete de Agenda para los temas enumerados están disponibles en el sitio web de la Ciudad y se distribuyen al Concejo Municipal no menos de 72 horas antes de la Reunión del Concejo Municipal. Regístrese par a recibir notificaciones electrónicas cuando se publiquen artículos.

Participación pública: Se fomenta de varias maneras como se describe a continuación. Los miembros del público pueden asistir a la Reunión del Concejo Municipal en persona, ver la Reunión del Concejo Municipal a través de la transmisión web en vivo o participar de forma remota a través de Zoom. Las grabaciones de las reuniones están archivadas y disponibles para su visualización en el sitio web de la Ciudad.

Comentario Público: Las personas que deseen dirigirse al Concejo Municipal sobre asuntos que no están en la agenda pueden hacerlo bajo Comentarios públicos. Quienes deseen hacer uso de la palabra sobre los temas del programa podrán hacerlo cuando se esté examinando el tema.

Por favo r, envíe una solicitud del orador al Secretario de la Ciudad antes de la reunión o inmediatamente después del anuncio del artículo. Todos los comentarios estarán limitados a tres (3) minutos. El Presidente tendrá la autoridad para reducir el tiempo asignado para dar cabida a un gran número de oradores. (Política del Concejo Municipal 104) Si desea enviar comentarios por escrito, envíe un correo electrónico a la Oficina del Secretario de la Ciudad al menos 2 horas antes de la Reunión del Consejo Municipal para dar tiempo a la distribución al Consejo Municipal.

Servicios de interpretación en español: Los servicios de interpretación en español están disponibles, comuníquese con el Secretario de la Ciudad antes del inicio de la reunión para obtener ayuda.

Título II de la Ley de Discapacidades Americanas: En cumplimiento con la Ley de Discapacidades Americanas de 1990, las personas con discapacidad pueden solicitar una agenda en formatos alternativos apropiados según lo requerido por el Título II. Cualquier per sona con una discapacidad que requiera un modificación o adaptación para participar en una reunión debe dirigir dicha solicitud a la Oficina del Secretario de la Ciudad (619) 336 -4228 al menos 24 horas antes de la reunión.

AGENDA
Consolidated Regular Meeting

Tuesday, April 18, 2023, 6:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA
Pages

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE TO THE FLAG

4. PUBLIC COMMENT
In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. Speakers will have up to three (3) minutes.

5. PROCLAMATIONS AND RECOGNITION

5.1 National Library Week 6

6. PRESENTATION (Limited to Five (5) Minutes each)

7. INTERVIEWS AND APPOINTMENTS
Mayoral and City Council appointments to City Boards/Commission/Committees

7.1 Appointments: City Boards, Commissions and Committees – Mayoral Appointments for Board of Library Trustees and the Public Art Committee. 7 Recommendation:

Mayoral Appointment with City Councilmembers’ confirmation.

7.2 Appointments: City Boards, Commissions and Committees – City Council Appointments for Civil Service Commission, Housing Advisory Committee, and the Planning Commission.
36 Recommendation:

City Council to Conduct Interviews and Appointment.

8. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)

9. CONSENT CALENDAR
The Consent Calendar may be enacted in one motion by the City Council with a Roll Call Vote without discussion unless a Councilmember, a member of the Public, or the City Manager request an item be removed for discussion. Items removed from the Consent Calendar will be considered immediately following the adoption of the Calendar.

9.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda

9.2 Approval of City Council Meeting Minutes. 65
Recommendation:

Approve and file.

9.3 Acceptance of an Encroachment Permit and Agreement with SD Street Banners LLC for the Installation of Banners within the Public Right-of-Way for Asian Pacific American Heritage Month.
83 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, authorizing the Mayor to Execute an Encroachment Permit and Agreement with SD Street Banners, LLC for the Installation of Asian Pacific American Heritage Month Banners within the Public Right-of-Way.”

9.4 Approval of Agreement with Professional Search Group, LLC for Temporary Personnel Services.
91 Recommendation:

Adopt the Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a Professional Service Agreement between the City of National City and Professional Search Group, LLC to provide Temporary Staffing Services.

9.5 Approval of Creation of One (1) New Job Classification titled Crime & Intelligence Analyst and Amending the MEA Salary Schedule.” 107
Recommendation:

Approve the Resolution entitled, “Resolution of the City Council of the City of National City, California, Creating one (1) New Job Classification and Amending the Municipal Employees’ Association Salary Schedule.”

9.6 Authorize the Acceptance of the Parks Pass 2023 Library Program Grant. 115

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Recommendation:

Approve the Resolution entitled, “Resolution of the City Council of the City of National City, California, authorizing the City Manager or designee to accept the Parks Pass 2023 Program Grant in the Amount of $36,600 from the California State Library to fund Library Parks Pass programs and authorizing the establishment of a Library Grants fund appropriation of $36,600 and corresponding revenue budget.”

9.7 Authorize the Purchase of a Riding Mower for Public Works Parks Division 153 Recommendation:

Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract #031121-TTC with Turf Star Western for the purchase one (1) Groundsmaster 3200 24HP 2WD Riding Mower in a Not-to-Exceed Amount of $28,000 for the Public Works Parks Division and Authorizing the City Manager to Approve Adjustments to the Not-to-Exceed Amount for the Purchase of up to $2,800 as a 10% Contingency for Unforeseen Fluctuations in Pricing.”

9.8 Authorizing establishment of appropriations and purchases for Capital Improvement Program (CIP) Fleet Vehicle Equipment and Accessories. 205
Recommendation:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) authorizing a Fiscal Year 2023 budget adjustment to establish an appropriation in the amount of $538,700 in the Vehicle Acquisition Fund; 2) waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell Contract # 091521-NAF with National Auto Fleet Group for the purchase and build-out of one (1) 2023 Ford Super Duty F-250 SRW XL 2WD SuperCab in a not-to-exceed amount of $102,000 for the Animal Regulations Officer; 3) waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell Contract # 091521-NAF with National Auto Fleet Group and pursuant to National City Municipal Code Section 2.60.220 (B) regarding exception to bidding requirements authorizing sole source vendor AEP for the purchase and build-outs of six (6) 2023 Ford Utility Interceptors in a not-to-exceed amount of $512,000 for National City Police Department; 4) authorizing the purchase of one (1) mini trencher trailer in the not-to-exceed amount of $4,700; and, 5) authorizing the City Manager to approve adjustments to the not-to-exceed amounts and additional appropriations for these purchases of up to $62,000 as a 10% contingency for unforeseen fluctuations in pricing.”

9.9 Authorize the purchase of a Homeless Outreach and Mobile Engagement Truck and a Trash Truck Grapple Loader.
304

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Recommendation:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, authorizing 1) waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell Contract # 091521-NAF with National Auto Fleet Group pursuant to National City Municipal Code Section 2.60.220 (B) regarding the exception to the bidding requirements authorizing sole source vendor AEP for the purchase and build- out of one (1) 2023 Ford F-150 Responder SuperCrew Truck in a not-to-exceed amount of $85,000; 2) waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto Sourcewell Contract # 40621-PII with Municipal Maintenance Equipment for the purchase of one (1) TL3 Trash Truck Grapple Loader in a not-to-exceed amount of $247,000; and, 3) authorizing the City Manager to approve adjustments to the not-to-exceed amounts for these purchases of up to $33,200 as a 10% contingency for unforeseen fluctuations in pricing.”

9.10 2022 General Plan Annual Progress Report 399
Recommendation:

Accept and file the report

9.11 Temporary Use Permit – Fun Box Bounce Park hosted by Fun Box at Westfield Plaza Bonita Mall from May 5, 2023 thru September 2, 2023 with no waiver of fees.
409
Recommendation:

Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees and in accordance with City Council Policy 802.

9.12 Warrant Register #35 for the period of 2/24/23 through 3/02/23 in the amount of $1,981,615.69.
446
Recommendation:

Ratify Warrants Totaling $1,981,615.69

9.13 Warrant Register #36 for the period of 3/03/23 through 3/09/23 in the amount of $3,859,495.81.
451
Recommendation:

Ratify Warrants Totaling $3,859,495.81

10. PUBLIC HEARING
The following item(s) have been advertised as public hearing(s) as required by law.

10.1 Requesting approval of a Resolution receiving the 2022 Annual Military 454

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Equipment Use Report, authorizing the purchase of additional military equipment, and updating Military Equipment Use Policy as required by AB 481.

Recommendation:

To approve the Resolution entitled, Resolution of the City Council of the City of National City, California, Receiving the 2022 Annual Military Equipment Use Report, Authorizing the Purchase of Additional Shotguns for Less-Lethal Conversions, Ammunition, Sniper Rifles, and Less-Lethal Projectiles, and Updating the Police Department’s Military Equipment Use Procedure as Required by AB 481.”

10.2 Second Reading and Adoption of Ordinance Amending Title 11 of the National City Municipal Code (NCMC) – Vehicles, Traffic and Parking. 686
Recommendation:

Adopt Ordinance entitled, "Ordinance of the City Council of the City of National City, California, Amending Title 11 of the National City Municipal Code – Vehicles, Traffic and Parking by Repealing Chapter 11.68 (Cruising) and Implementing the City’s Parking Program.”

11. STAFF REPORTS

11.1 Update on the House National City Opt-In Density-Bonus Program 807 Recommendation:

Receive staff report update and provide comment.

11.2 Fiscal Year 2023 Mid-Year Budget Status Report 871 Recommendation:

Accept the report and adopt the resolution authorizing budget adjustments as detailed in Exhibit A.

12. CITY MANAGER’S REPORT

13. ELECTED OFFICIALS REPORT

14. CITY ATTORNEY REPORT

15. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, May 2, 2023 - 6:00 p.m. - Council Chambers - National City, California.

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AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, April 18, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Appointments: City Boards, Commissions and Committees – Mayoral Appointments for Board of Library Trustees and the Public Art Committee.

RECOMMENDATION:

Mayoral Appointment with City Councilmembers’ confirmation.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Vacancies on multiple Boards/Commissions/Committees (BCCs) were noticed in the Star News, posted on the City Hall Bulletin Boards, City Website, and City Social Media sites to advertise openings and the application acceptance period.

The most recent Vacancy Notices were posted on Wednesday, March 8, 2023, and all applications were due to the City Clerk’s Office by the deadline of Thursday, March 30, 2023 at 5:00 p.m.

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

Board of Library Trustees
Public Art Committee

FINANCIAL STATEMENT:

This report does not reflect financial changes to the budget at this time.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Communication and Outreach

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Attachment A – Explanation
Attachment B – Applications (redacted)
Attachment C – City Council Policy #107
Attachment D – Boards/Commission/Committees Reference Chart

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The City Clerk’s Office began advertising and accepting applications for vacancies on the following Boards, Committees, and Commissions: Board of Library Trustees and the Public Art Committee on March 8, 2023 with a deadline of March 30, 2023.

Background
In order to obtain qualified candidates, a Notice of Vacancies was advertised on the following: The City website, posted on the City Hall Bulletin Boards, the Star News and City Social Media sites to advertise openings and the application acceptance period. The vacancies presented are a combination of resignations and end of term (March 2023).

Vacancies are listed below:

BCC Number of Open Seats and
Term expiration for that seat
Appointing
Member(s)
Residency
Requirement
Applications Received
Board of Library
Trustees
(1) One Seat – Sept. 30, 2023
(This is an Alternate Seat)
(1) One Seat – Sept.30, 2025
(1) One Seat – Sept. 30, 2024
Mayoral Yes Cindy Lopez
Alejandra Sotelo-Solis
Jake Zindulka
Liliana Armenta*

Public Art
Committee
(1) One Seat – Sept. 30, 2024
(This is an Alternate Seat)

Mayoral No Catrina Bush
Ricardo Rodriguez
Eric Quinones
Jake Zindulka
Residency requirements are listed if required in the chart above. If filling a resident requirement, applicant must reside within the City of National City at the time the application is submitted to be considered for the resident position.

*One (1) applicant Liliana Armenta was a member of the Parks, Recreation & Senior Citizens Advisory Board appointed February 16, 2 021 with a term that expire d on March 31, 2023. Liliana Armenta is not seeking reappointment. Attendance of meetings is shown below for reference.

Attendance 2022 (11) 2023 Three (3)
Attended 3 3
Absent 1 0
Cancelled 7 0

Appointment:

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

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

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

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

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

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

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

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

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

4. Anti-Sexual Harassment Training

5. Brown Act Training

6. Social Media Training
Any training required by State Law, Federal Law, or City Policies.

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

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Received in the Office of
the City Clerk on 12.12.22

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Sent from my iPhone
Received in the Office
of the City Clerk on 2.3.23

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CITY OF NATIONAL CITY

APPLICATION FOR APPOINTMENT

TO CITY BOARDS, COMMISSIONS, AND COMMITTEES
___ Community & Police Relations Commission* (CPRC) ___ Civil Service Committee ___ Library Board of Trustees ___ Planning Commission
___ Parks, Recreation & Senior Citizens Advisory Committee ___ Public Art Committee* ___ Traffic Safety Committee ___ Housing Advisory Committee* ___ Port Commission
 Applicants must be residents of the City of National City except for those marked by an asteri sk (*) .

All applicants must be U.S. Citizens and registered voters.  Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment.
 Applicants for the Housing Advisory Committee must have subject matter expertise in housing-related issues.

Name: ______________________________________ E-Mail: __ ______ Home Address: _______________________ Tel No: ____________ (Include City/Zip)
Business Affiliation: __________________________________Title: ___________________________ Business Address: _________________________________________Tel. No.: __________________ Length of Residence in National City: _________ San Diego County: _______ California: __________ Educational Background: _____________________________________________________________ __________________________________________________________________________________ Occupational Experience: _____________________________________________________________ __________________________________________________________________________________ Professional or Technical Organization Memberships: _______________________________________ __________________________________________________________________________________ Civic or Community Experience, Membership, or Previous Public Service Appointments:
_________________________________________________________________________________ Experience or Special Knowledge Pertaining to Area of Interest:_______________________________ __________________________________________________________________________________ Have you ever been convicted of a felony crime? No:__ Yes:__ misdemeanor crime? No:__ Yes: __ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information if “Yes” was marked for the above two questions.
_________________________________________________________________________________ _________________________________________________________________________________ Date: ____________________ Signature : _______
Please feel free to provide additional information or letters of endorsement.

Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City.

Pursuant to the California Public Records Act, information on this form Rev. February 2022 may be released to the public upon request.

Jake Zindulka
National City, CA 91950
1 year 7.5 years 7.5 years

N/A N/A

N/A N/A
Rutgers University, B.S. Management and Global Business, 2014; University of San Diego School of Law, J.D., 2018
Attorney, 2018 - Present
Member, San Diego County Bar Association;
Member, California Lawyers Association (Vice Chair, New Lawyers Section) Volunteer, National City Community Service Day, Kimball Park, 2022 See enclosed letter and resume.

Received in the Office of the
City Clerk on 3.30.23

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ka
| National City, CA 91950

BAR MEMBERSHIPS
California, Bar No. 323346
New Jersey, Bar No. 316762020

EDUCATION
University of San Diego School of Law, San Diego, CA
Juris Doctor, 2018
Awards: Recipient, Center for Public Interest Law’s Outstanding Public Interest Advocate Award Activities: Associate Board Member, 2016-2017 Moot Court Board • Competitor, 2016 Alumni Torts Tournament
• Competitor, 2017 Paul A. McLennon, Sr. Honors Tournament • Brief Writer, 2017 Gibbons National Criminal Procedure Competition Rutgers University, Newark, NJ
Bachelor of Science, Management and Global Business, 2014

EXPERIENCE
San Diego Volunteer Lawyer Program, Inc. San Diego, CA Staff Attorney September 2022 – Present
Represent survivors of domestic violence at permanent restraining order hearings. Supervise volunteer attorneys.

Conduct client interviews and draft court filings. Conduct direct and cross-examinations.

U.S. District Court, Southern District of California San Diego, CA Term Law Clerk for the Honorable M. James Lorenz January 2021 – September 2022 Consulted with Judge on pending matters. Managed civil docket. Analyzed pleadings and motions. Conducted legal research. Drafted court orders on substantive motions, including motions to dismiss and motions for summary judgment.

County of San Diego, Office of County Counsel San Diego, CA Deputy County Counsel, Civil Division November 2019 – January 2021 Defended the County and its employees in complex civil rights actions. Investigated allegations and assessed merits of lawsuits. Developed litigation strategies. Drafted pretrial motions leading to dismissals with prejudice.

Authored Ninth Circuit respondent brief that resulted in affirming a dismissal on the pleadings. Argued motions at hearings. Prepared for early neutral evaluations, case management conferences, and mediations. Interacted with clients. Drafted discovery requests and responses. Direct examined code enforcement officers at administrative hearings. Reviewed County policies and ordinances. Attended closed session meetings. Organized intern recruitment and interviewed applicants.

Deputy County Counsel, Juvenile Dependency Division May 2019 – October 2019 Represented Child Welfare Services in state court. Advised social workers on investigations. Negotiated with opposing counsel. Prepared witnesses to testify. Direct and cross-examined fact and expert witnesses at bench trials. Raised objections to evidence. Presented opening and closing statements.

Graduate Law Clerk, Civil Division September 2018 – March 2019 Conducted legal research for civil rights and tort lawsuits. Drafted dispositive motions and a state appellate brief.

Drafted motion to quash subpoena that sought testimony of high-ranking government official.

University of San Diego School of Law San Diego, CA Research Assistant to Professor Orly Lobel October 2016 – April 2018 Reviewed articles prior to publication. Edited legal manuscript. Revised labor law textbook. Drafted memoranda on employment and antitrust law.

Shustak Reynolds & Partners, P.C. San Diego, CA
Law Clerk August 2017 – April 2018
Drafted memoranda related to securities litigation. Analyzed whether investments qualified as securities under federal law. Drafted responses to regulatory inquiries.

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U.S. Securities and Exchange Commission Washington, D.C.

Summer Honors Intern, Division of Corporation Finance May 2017 – July 2017 Analyzed S-1s, S-3s, 10-Ks, proxy statements, and confidential treatment requests. Reviewed securities laws, regulations, no-action letters, and staff interpretations. Drafted comment letters to corporate counsel. Attended SEC closed session hearings on enforcement actions.

Center for Public Interest Law, University of San Diego School of Law San Diego, CA Student/Intern August 2016 – May 2017
Researched laws related to the operation of public entities. Monitored the California Board of Accountancy and drafted a report on its actions.

U.S. District Court, Southern District of California San Diego, CA Spring Judicial Extern for the Honorable M. James Lorenz January 2017 – April 2017 Evaluated motions. Attended pretrial hearings. Conferred with law clerks on pending matters.

U.S. Attorney’s Office, Southern District of California San Diego, CA Fall Legal Intern, Civil Division September 2016 – November 2016 Drafted summary judgment motion in Bivens action. Conducted research for civil fraud actions. Observed trials.

U.S. District Court, Southern District of California San Diego, CA Summer Judicial Extern for the Honorable M. James Lorenz May 2016 – August 2016 Reviewed pleadings. Conducted legal research. Drafted court orders. Conferred with law clerks.

California Department of Business Oversight (Dept. of Fin. Protection and Innovation) San Diego, CA Legal Intern May 2016 – August 2016 Reviewed consumer complaints. Analyzed financial regulations. Drafted enforcement pleadings.

VOLUNTEER LEADERSHIP
California Lawyers Association
- Vice Chair, California Lawyers Association’s New Lawyers Section (2023 term) - Executive Committee Member, California Lawyers Association’s New Lawyers Section (2021 – 2023 term) - New Lawyer Liaison, California Lawyers Association’s Public Law Section (2021 – 2023 term) San Diego County Bar Association
- Chair, San Diego County Bar Association’s New Lawyer Division (Jan. 2022 – Dec. 2022) - Board Member (New Lawyer Rep.), San Diego County Bar Association’s Board of Directors (2022 term)

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MARCH 30, 2023
Mayor Ron Morrison
Vice Mayor Luz Molina
Councilmember Marcus Bush
Councilmember Jose Rodriguez
Councilmember Ditas Yamane
1243 National City Blvd.

National City, CA 91950
Dear Mayor, Vice Mayor, and Councilmembers,
I am eager to get involved in the community and excited about the opportunities on the National City Board of Library Trustees and the Public Art Committee. I lived in several towns during my childhood and always relied on the local libraries as a source for educational development and entertainment. Roaming the stacks is still a hobby of mine. The library is one of the most vital public institutions, providing members of the public access to books and opportunities to develop professional skills. It is additionally a hub for public engagement, including National City’s Senior Social Hours. It would be a privilege to serve on the Board of Library Trustees to continue the great work of the library.

Art—especially in public settings—can inspire members of the community and raise their aspirations. It also enhances daily commutes to work, school, and stores. It would be a privilege to serve on the Public Art Committee and advocate for more projects, including working with local commercial businesses to have murals painted on their buildings, partnering with owners of vacant retail properties on business strips to host public art shows, setting a goal to establish public art installations within a few blocks of every home, and creating more opportunities for residents to take part in the art.

I am happy to provide additional information. Thank you for your service and consideration. I look forward to hearing from you.

Best regards,
Jake Zindulka
Jake Zindulka

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CITY COUNCIL POLICY

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

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

Ma
yor’s Appointments:

1. Board of Library Trustees

2. Community and Police Relations Commission

3. Park, Recreation, and Senior Citizens Advisory Committee

4. Public Art Committee

5. Sweetwater Authority

6. Traffic Safety Committee

7. Veterans and Military Families Advisory Committee
Ci
ty Council Appointments:

1. Civil Service Commission

2. Planning Commission

3. Housing Advisory Committee including Ex-Officio Members

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

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

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

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

Uns
cheduled vacancy. An unscheduled vacancy shall be filled according to Attachment C

Page 27 of 876 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

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

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

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

1. Civil Service Commission

2. Planning Commission

3. Housing Advisory Committee including Ex-Officio Members

4. Planning Commission

The City Council fills vacancies on these bodies.

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

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

Page 28 of 876 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

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

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

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

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

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

6. Interviews:

a. Mayor Appointments: Interviews for Mayoral appointments will be conducted by the Mayor outside of the public meeting and scheduled by the Mayor’s Office.

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

7. Mayoral Appointments:

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

Page 29 of 876 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

8. For City Council Appointments, the Interview Process is as follows:

a. The City Clerk will provide an overview of the Board, Commission, or Committee(s) with current vacancy (ies). The Mayor will introduce the applicant and two (2) questions will be asked of each applicant on behalf of the City Council.

b. Each applicant is given two (2) minutes to make a brief introduction of themselves and their qualifications to the City Council.

c. Mayor and City Councilmembers will ask questions of each applicant. All applicants must be asked the same questions.

d. Total time per applicant is five (5) timed minutes with time allowed for clarification at the discretion of the City Council, not to exceed ten (10) minutes total per applicant.

e. All appointments and interviews before the City Council will be scheduled as needed to fill unexpected vacancies, with every effort to be made before an individual's term expires. Interviews may take place at one meeting, with appointments made at a subsequent meeting.

9. Vacancies for City Council Appointed Positions. If the vacancy is for a City Council appointed position, and there is more than one (1) applicant for a given position, the voting process will proceed as follows: Once the interviews are complete, each Councilmember votes for their choice via a written ballot provided by the City Clerk.

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

Page 30 of 876 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

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

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

11. Report to Council:

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

12. An automatic vacancy upon becoming a Non- Resident. An unscheduled vacancy automatically occurs when a resident holding an appointment position on a City Board, Committee, or Commission becomes a non-resident by moving out of National City limits. When an unscheduled vacancy occurs due to a resident becoming a non-resident, the unscheduled vacancy may be filled as follows:

a. A special vacancy notice shall be posted in the Office of the City Clerk, and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final Appointment at a City Council Meeting shall not be made by the Appointing Authority for at least 10 working days after the posting of the notice in the City Clerk’s Office.

Page 31 of 876 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

b. The Appointing Authority may appoint the former resident to a Non - Residential position if a Non-Residential position is vacant.

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

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

14. Resignations, Attendance, Training, and Removals

Resignation:

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

Attendance:

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

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

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

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

Page 32 of 876 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

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

Excused Absences:

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

Excused absences are listed as follows:

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

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

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

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

Removal:

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

Mandatory Training and Filing Requirements:

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

Page 33 of 876 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

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

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

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

4. Sexual Harassment Training

5. Brown Act Training

6. Social Media Training

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

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

Removal:

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

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

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

Prior Policy Amendments:

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

Page 34 of 876 ends

BOARDS, COMMISSION AND
COMMITTEES (11)

TOTAL MEMBERS
(51+)

BOARD OF

LIBRARY TRUSTEE
(5 Members)

CIVIL SERVICE

COMMISSION
(5 Members)

COMMUNITY AND

POLICE RELATIONS

COMMISSION
(8 Members)
PARK,

RECREATION

AND SENIOR

CITIZENS'

ADVISORY

COMMITTEE
(7 Members)

PLANNING

COMMISSION
and HOUSING

ADVISORY

COMMITTEE
(7 Members)
2 Ex Officio
PORT

COMMISSION
(1 Member)

PUBLIC ART

COMMITTEE
(5 Members)

SWEETWATER

AUTHORITY
(1 Member)

TRAFFIC SAFETY

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

MAYORAL APPOINTMENT SUBJECT TO

CONFIRMATION BY THE CITY COUNCIL X X X X X X

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

REQUIRED TO REPORT TO COUNCIL

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

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

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AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, April 18, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Appointments: City Boards, Commissions and Committees – City Council Appointments for Civil Service Commission, Housing Advisory Committee, and the Planning Commission.

RECOMMENDATION:

City Council to Conduct Interviews and Appointment.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Vacancies on multiple Boards/Commissions/Committees (BCCs) were noticed in the Star News, posted on the City Hall Bulletin Boards, City Website, NatCity News, and City Social Media sites to advertise openings and the application acceptance period.

The most recent Vacancy Notices were posted on Wednesday, March 8, 2023 , and all applications were due to the City Clerk’s Office by the deadline of Thursday, March 30, 2023, at 5:00 p.m.

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

Civil Service Commission
Housing Advisory Committee
Planning Commission

Incumbents were given the option to be considered for reappointment, those consideration applications are included in Attachment B in addition to new applications received.

FINANCIAL STATEMENT:

This report does not reflect financial changes to the budget at this time.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Communication and Outreach

ENVIRONMENTAL REVIEW:

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

Page 36 of 876 ends

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Attachment A – Explanation
Attachment B – Applications (redacted)
Attachment C – City Council Policy #107
Attachment D – Boards/Commission/Committees Reference Chart

Page 37 of 876 ends

The City Clerk’s Office began advertising and accepting applications for vacancies on the following Boards, Committees, and Commissions: Civil Service Commission; Housing Advisory Committee; and, Planning Commission on March 8, 2023 with a deadline of March 30, 2023.

Vacancies are listed below:

BCC Number of Open Seats and
Term expiration for that seat
Appointing
Member(s)
Residency
Requirement
Applications Received
Civil Service
Commission

(1) One Seat –September 30,
2027

City Council Yes

Sean Sampsell
Housing Advisory
Committee
(1) One Seat – March 31, 2027

City Council No Rafael Cotero
Denise Kosterlistzky
Izayah Santos

Planning
Commission/Housing
Advisory Committee
(2) Two Seats – March 31, 2027

City Council Yes Rafael Cotero
Sherry Gogue*
Zachary Francisco Gomez*
Daniel Perez
Pearl Quinones
Liliana Armenta*
Luis Natividad*
Residency requirements are listed if required in the chart above. If filling a resident requirement, applicant must reside within the City of National City at the time the application is submitted to be considered for the resident position.

The current vacancy on the Housing Advis ory Committee is due to a term that expired on March 31, 2023.

Committee member Damian Alexander Roman is not seeking reappointment.

One application received from Daniel Perez was received after the March 30, 2023 deadline.

*One (1) applicant Sherry Gogue was a previous member of the Board of Library Trustees who resigned on September 26, 2022. Attendance of meetings is shown below for reference.

Attendance 2021 Twelve (12) 2022 Nine (9)
Attended 11 6
Absent 1 3
Cancelled 0 0

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

Sherry Gogue had completed all required training and filing requirements.

**************************************************************************************************************************

Page 38 of 876 ends

*One (1) applicant Zachary Francisco Gomez is a current member of the Community & Police Relations Commission who was reappointed at the City Council meeting of March 7, 2023. Attendance of meetings is shown below for reference.

Attendance 2022 Four (4) 2023 One (1)
Attended 4 1
Absent 0 0
Cancelled 0 0

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

Commissioner Gomez has completed all required training and filing requirements.

**************************************************************************************************************************

*One (1) applicant Liliana Armenta was a member of the Parks, Recreation & Senior Citizens Advisory Board appointed February 16, 2021 with a term that expire d on March 31, 2023. Liliana Armenta is not seeking reappointment. Attendance of meetings is shown below for reference.

Attendance 2022 (11) 2023 Three (3)
Attended 3 3
Absent 1 0
Cancelled 7 0

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

Liliana Armenta had completed all required training and filing requirements.

**************************************************************************************************************************

*One (1) applicant Luis Natividad is currently a member of the Planning Commission appointed May 7, 2019 with a term that was due to expire on March 31, 2023. Attendance of meetings is shown below for reference.

Attendance 2022 (18) 2023 (Five)
Attended 7 5
Absent 3 0
Cancelled 8 0

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

Commissioner Natividad has completed all required training and filing requirements.

**************************************************************************************************************************

Appointment:

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

Page 39 of 876 ends

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

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

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

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

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

4. Anti-Sexual Harassment Training

5. Brown Act Training

6. Social Media Training
Any training required by State Law, Federal Law, or City Policies.

Page 40 of 876 ends

Name :Sampsell, Sean
Address :

Email :

Board Name :Civil Service Commission
Registered to Vote in National City? :

Yes
Resident of National City? :

Yes
Term of Residency? :
28 years
Present Employer? :
unemployed
Occupation :

Unemployed
Business Address :

N/A
Educational Background :

Some college, SWC
Currently Serving on a BCC? :

No
Previously Served on a BCC? :

No
Received in the City Clerk's
Office on 3.30.23

Page 41 of 876 ends

If so, which ones? If it does not apply, type N/A :

N/A
Have you ever been convicted of a felony crime? :

No
Have you ever been convicted of a misdemeanour crime? :

Yes
Time of Submission :03/30/23 5:25:14 PM
Attachments:
- Screenshot 2022-11-21 at 10.30.27 PM.pdf

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Page 45 of 876 ends

Page 46 of 876 ends

l
CITY OF NATIONAL CITY ' .

APPLICATION FOR APPOINTMENT

T, CITY BOARDS, COMMISSIONS, AND COMMITTEES
_ Community &· P9lice Relations Commission; (CPRC) - Civil Service Committee' _ Library Board of ~rustees ' . _i. Planning Commission . _ Parks, .Recreatio
1 n & Senior Citizens Advisory Committee Public Art Committee* · _ Traffif Safety, c1
mmittee _ Housing Advisory Committee*
_ Port Com,r:nissio~ _ _
/
'► Applicants must be residents of the City of National City e~cept for those marked by an asterisk {*).

All applicants must. be u.s.:citizens and regist~red vQter~. . . · ► Applicants for the 1community and Police Relations Commission must pass a criminal background check pi:.ior tQ appointme t. . ' · •
► · Applicants for the Housing, Advisory Committee must have subject m~tter expertise in, housing-related issues. ·
o
. Home Address: -- .L...l,.;~_.,_._.!..lf--'-'-1-~ Tel No:
(lnclude City/Zip)
! -
Business.Affiliation: Title:., A !f),l"C"/ ·. O WA-<.c
BusinessAddre~s: . tt1.S'" Tel. No.:

Length.of Residencelin Natio~al Ci~: ,2,:;J. .,ris~~ Dieg~ County: ·.3q · California:

E~ucab?nal Ba~gro~nd: \-\; <;lo X;i.,_ ._ \ }::i q> \ • M , ( ,1>, ~,', H'; n c, Ay,,r L, « "L,,/ Occupational Expejrice: ::J:::A'S.,n,~., fi'rj,zq'T L ~ cro s,/ P f . . '1 T J . I O . . I" M b h" '
1 rnca rgarnza 10n I em ers 1ps: ------,--------------
Civic orCommunity ~xperienc Membership, or Previous Public Servic~ AP.pc:iintme -r . , . ... .,.1 b " r:- • .

I t' , ~ ' .

Experience or Speci I Knowledge Pertaining to Area of lnter~ 1 st: ,/;trtY s:, k J /;" .:. U/ {, 1:,:A
. Have you'ever been convicted of a'felony crime? No:~)'es:_ misdemeanor crir,:ie? No:~ Yes:_ If_ any _c~nvictions 'r'ere expunged d!sclosure is no~ requi_red. · ~onv!ctions · are not necessarily d1squahfymg. Please feel free to provide an explanation or information 1f "Yes" was marked for the above two questions ·
Date:· · 3/.:z £[:)._ ~
Please feel free to prcjvide addi ional information or letters of endorser:nent. · Return completed fo m to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91-950 I
hank you for your -i[1terest in serving the City of National. City. · Pursuant to the Ca/ifol'. ia Public Records Act, informr1tion on this form may be released to. the rublic upc,_n request . .- .

Rev. February 20~2
I
Received in the City Clerk's
Office on 3.30.23

Page 47 of 876 ends

Page 48 of 876 ends

Page 49 of 876 ends

Name :Perez, Daniel
Address , national city, 91950
Email
Board Name :Planning Commission
Registered to Vote in National City? :

Yes
Resident of National City? :

Yes
Present Employer? :

Self Employed
Occupation :

Mortgage Loan Originator (loan officer)
Real Estate Agent
Business Address :
1605 J Ave National City, CA 91950
Educational Background :

CA DRE license 01939770
MLO license 1278122
CSUSM BS Business Administration Emphasis in Finance
Currently Serving on a BCC? :

No
Received in the City Clerk's
Office on 3.31.23

Page 50 of 876 ends

Previously Served on a BCC? :

No
If so, which ones? If it does not apply, type N/A :
n/a
Professional or Technical Organization Memberships? :

CAR - California Association of Realtors SDAR - San Diego Association of Realtors CCA CAL - Coastal Conservation Association California
Civic or Community Experience, Membership, or Previous Public Service Appointments? :

Las Palmas Little League - Board member Las Palmas Little League - Manager & Coach Klipsch Heritage Museum Association - lifetime Board member National City Rotary - 2018 - 2022
Experience or Special Knowledge Pertaining to Area of Interest? :

Real Estate
Have you ever been convicted of a felony crime? :

No
Have you ever been convicted of a misdemeanour crime? :

No
Time of Submission :03/31/23 11:28:58 AM
Attachments:
- DRE License Perez.pdf

Page 51 of 876 ends

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Page 55 of 876 ends

CITY COUNCIL POLICY

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

Ma
yor’s Appointments:

1. Board of Library Trustees

2. Community and Police Relations Commission

3. Park, Recreation, and Senior Citizens Advisory Committee

4. Public Art Committee

5. Sweetwater Authority

6. Traffic Safety Committee

7. Veterans and Military Families Advisory Committee
Ci
ty Council Appointments:

1. Civil Service Commission

2. Planning Commission

3. Housing Advisory Committee including Ex-Officio Members

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

Uns
cheduled vacancy. An unscheduled vacancy shall be filled according to Attachment C

Page 56 of 876 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

1. Civil Service Commission

2. Planning Commission

3. Housing Advisory Committee including Ex-Officio Members

4. Planning Commission

The City Council fills vacancies on these bodies.

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

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

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

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

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

6. Interviews:

a. Mayor Appointments: Interviews for Mayoral appointments will be conducted by the Mayor outside of the public meeting and scheduled by the Mayor’s Office.

7. Mayoral Appointments:

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

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

8. For City Council Appointments, the Interview Process is as follows:

b. Each applicant is given two (2) minutes to make a brief introduction of themselves and their qualifications to the City Council.

c. Mayor and City Councilmembers will ask questions of each applicant. All applicants must be asked the same questions.

d. Total time per applicant is five (5) timed minutes with time allowed for clarification at the discretion of the City Council, not to exceed ten (10) minutes total per applicant.

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

11. Report to Council:

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

b. The Appointing Authority may appoint the former resident to a Non - Residential position if a Non-Residential position is vacant.

14. Resignations, Attendance, Training, and Removals

Resignation:

Attendance:

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

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

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

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

Excused Absences:

Excused absences are listed as follows:

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

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

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

Removal:

Mandatory Training and Filing Requirements:

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

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

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

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

4. Sexual Harassment Training

5. Brown Act Training

6. Social Media Training

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

Removal:

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

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

Prior Policy Amendments:

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BOARDS, COMMISSION AND
COMMITTEES (11)

TOTAL MEMBERS
(51+)

BOARD OF

LIBRARY TRUSTEE
(5 Members)

CIVIL SERVICE

COMMISSION
(5 Members)

COMMUNITY AND

POLICE RELATIONS

COMMISSION
(8 Members)
PARK,

RECREATION

AND SENIOR

CITIZENS'

ADVISORY

COMMITTEE
(7 Members)

PLANNING

COMMISSION
and HOUSING

ADVISORY

COMMITTEE
(7 Members)
2 Ex Officio
PORT

COMMISSION
(1 Member)

PUBLIC ART

COMMITTEE
(5 Members)

SWEETWATER

AUTHORITY
(1 Member)

TRAFFIC SAFETY

MAYORAL APPOINTMENT SUBJECT TO

CONFIRMATION BY THE CITY COUNCIL X X X X X X

REQUIRED TO REPORT TO COUNCIL

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

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

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AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, April 18, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Approval of City Council Meeting Minutes.

RECOMMENDATION:

Approve and file.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Meeting Minutes:

Special City Council Meeting of March 21, 2023
Special City Council Meeting of March 21, 2023 – Study Session Regular City Council Meeting of March 21, 2023
Workshop Minutes of March 24, 2023

FINANCIAL STATEMENT:

None.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Attachment A – Meeting Minutes Special City Council Meeting of March 21, 2023 Attachment B – Meeting Minutes Special City Council Meeting of March 21, 2023 – Study Session Attachment C – Meeting Minutes Regular City Council Meeting of March 21, 2023 Attachment D – Workshop Minutes of March 24, 2023

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SPECIAL MEETING MINUTES OF THE CITY COUNCIL

March 21, 2023, 4:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA

Present: Mayor Morrison
Vice-Mayor Molina
Councilmember Bush
Councilmember Rodriguez (arrived at 4:06)
Councilmember Yamane

Others Present: Brad Raulston, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Tonya Hussain, Executive Secretary

1. CALL TO ORDER
The meeting was called to order at 4:05 p.m. by Mayor Morrison.

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor Morrison led the Pledge of Allegiance.

4. PUBLIC COMMENT
No Public Comment was received.

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5. CLOSED SESSION
Members retired into Closed Session to discuss Item 1 at 4:07 p.m. and returned at 4:59 p.m. with all members present in attendance: Morrison, Molina, Bush (arrived 4:06 p.m.), Rodriguez, Yamane, Schultz, Raulston and Garcia

5.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Name of Case: Cali Mota, LLC v City of National City. et. al.

Superior Court of California, County of San Diego
Case No. 37-2023-00007308-CU-WM-CTL
Announcement of actions taken in Closed Session shall be made at the Regular City Council Meeting following this meeting at 6:00 p.m.

6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, March 21, 2023, 6:00 in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 5:01 p.m.

__________________________
Shelley Chapel, MMC, City Clerk

The foregoing minutes were approved at the Regular Meeting of April 18, 2023.

__________________________
Ron Morrison, Mayor

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SPECIAL MEETING MINUTES OF THE CITY COUNCIL
March 21, 2023, 5:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA

Present: Mayor Morrison
Vice-Mayor Molina
Councilmember Bush
Councilmember Rodriguez
Councilmember Yamane

Others Present: Brad Raulston, City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Molly Brennan, Director of Administrative Services
Roberto Yano, Director of Engineering and Public Works
Carlos Aguirre, Director of Housing
Sergio Mora, Fire Chief
Jose Tellez, Police Chief
Joyce Ryan, Director of Library and Community Services
Tonya Hussain, Executive Secretary

1. CALL TO ORDER
The meeting was called to order at 5:09 p.m. by Mayor Morrison.

2. ROLL CALL

3. STUDY SESSION

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3.1 Study Session - 5-Year Financial Forecast and Summary of Current Staff Priorities and Initial City Council Goals

Mayor introduced City Manager Raulston and Molly Brennan, Director of Administrative Services who provided the report and PowerPoint Presentation.

Staff recommendation was to receive and file.

4. PUBLIC COMMENT
One (1) Written Public Comment was received by Kelsey Genesi

5. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of t he City Council of the City of National City, Tuesday, March 21, 2023, 6:0 0 in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 5:47 p.m.

__________________________
Shelley Chapel, MMC, City Clerk

The foregoing minutes were approved at the Regular Meeting of April 18, 2023.

__________________________
Ron Morrison, Mayor

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REGULAR MEETING MINUTES OF THE CITY COUNCIL
March 21, 2023, 6:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA

Present: Mayor Morrison
Vice-Mayor Molina
Councilmember Bush
Councilmember Rodriguez
Councilmember Yamane

Others Present: Brad Raulston, City Manager
Barry Schultz, City Attorney
Shelley Chapel, City Clerk
Carlos Aguirre, Housing Authority Director
Molly Brennan, Administrative Services Director
Tonya Hussain, Executive Secretary
David McEachern, Housing Programs Specialist II
Sergio Mora, Fire Battalion Chief
Angelita Palma, Housing Authority Programs Manager
Martin Reeder, Planning Manager
Joyce Ryan, Library & Community Services Director
Jose Tellez, Chief of Police
Armando Vergara, Director of Community Development
Roberto Yano, Director of Public Works and City Engineering ________________________________________________________________

1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:08 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

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2. ROLL CALL
Councilmembers present: Bush, Rodriguez, Yamane, Molina, Morrison

Other elected officials: Treasurer Mitch Beauchamp

Administrative Officials present: Raulston, Schultz, Chapel, Aguirre, Brennan, Hussain, McEachern, Mora, Palma, Reeder, Ryan, Tellez, Vergara, Yano

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

3. PLEDGE OF ALLEGIANCE TO THE FLAG
Vice-Mayor Molina led the Pledge of Allegiance. Sweetwater High School Football Team Chaplin Bobby Dominguez delivered invocation.

AGENDA ITEMS 8.3, 8.4, AND 8.5 PULLED FOR CONTINUATION TO A FUTURE MEETING:

ACTION: Motion by Vice-Mayor Molina, seconded by Councilmember Yamane to continue Agenda Item nos. 8.3, 8.4, and 8.5 to the Regular City Council Meeting of April 4, 2023.

Motion carried by unanimous vote.

4. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced City Clerk Chapel.

Two (2) speakers provided in -person comments, one (1) written comment, and four (4) people provided virtual comment.

Comment received via Zoom:

Peggy Walker
Kelly McCormick
Judith Strang
Becky Rapp
In-person comment:

Geoffrey Schrock
Ted Godshalk

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5. PROCLAMATIONS AND RECOGNITION

5.1 Women's History Month
Mayor Morrison presented the proclamations to representatives from KSDY Channel 50, M ana de North County San Diego , My Point Credit Union, Gente Bonita Magazine, National Latina Business Women Association San Diego Institute, Latina Con Poder Magazine, Women in Young Black N Business, and Olongapo City Bayanihan Club.

5.2 Employee of the Quarter – Maria Wright, Nutrition Services Supervisor Director of Library & Community Services Joyce Ryan introduced the Employee of the Quarter.

6. REGIONAL BOARDS AND COMMITTEE REPORTS
Councilmember Rodriguez reported on the business of the SANDAG Transportation Committee and the Mobility Working Group.

Councilmember Bush provided an update on the Air Pollution Control District and the Metropolitan Transit System.

Councilmember Yamane reported on the Sweetwater Authority.

Vice-Mayor Molina provided an update on SANDAG.

Mayor Morrison provided an update on the Sweetwater Authority.

Port of San Diego Commissioner Sandy Naranjo provided an update on the National City's portion of public tidelands.

7. CONSENT CALENDAR
ACTION: Motion by Councilmember Bush, seconded by Councilmember Rodriguez to approve Consent Calendar Items 7.1, 7.4 through 7.6, 7.8 through

7.12, and Item 7.14 with Items 7.2, 7.3, 7.7 and 7.13 pulled for public comment or discussion.

Motion carried by unanimous vote

7.1 Approval o f Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
Motion carried by unanimous vote

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7.2 Approval of City Council Meeting Minutes.

Public comment received from Ted Godshalk.

Approve and file.

ACTION: Motion by Vice-Mayor Molina, seconded by Councilmember Rodriguez to approve the meeting minutes.

Motion carried by unanimous vote

7.3 Approval of Agreement with Professional Search Group, LLC for Temporary Personnel Services.

Administrative Services Director Molly Brennan provided a report.

Adopt the Resolution of the City Council of the City of National City, California authorizing the Mayor to execute a Professional Service Agreement between the City of National City and Pro fessional Search Group, LLC to provide Temporary Staffing Services.

ACTION: Motion by Councilmember Bush, seconded by Councilmember Yamane to continue the item.

Motion carried by unanimous vote.

7.4 Accept the FY22 State Homeland Security Grant Program f unds to purchase equipment for the Police and Fire Departments.

Adopted Resolution No. 2023-23
Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, approving and authorizing 1) the Mayor to execute the Stan dard Assurances for the FY22 State Homeland Security Grant Program; and 2) the establishment of Reimbursable Grants City-Wide Fund appropriations and corresponding revenue budgets each in amounts totaling $47,578 for FY22 State Homeland Security Grant Prog ram for the purchase of equipment for the Police and Fire Departments.” Motion carried by unanimous vote

7.5 Sole source purchase of Zoll Monitors/Defibrillators for the Fire Department.

Adopted Resolution No. 2023-24
Adopt the Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.220(B) Regarding Sole Source Purchasing of Five X Series Advanced Monitor/Defibrillators from Zoll Medical Corporation

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for the National City Fire Department; and 2) Approving the Establishment of Appropriations and a Corresponding Revenue Budget in the Amount of $198,028 Based on Funding Received From the Low er Sweetwater Fire Protection District’s Equipment Replacement Fund.

Motion carried by unanimous vote

7.6 Accept and Adopt the 2022 Multi -Jurisdictional Hazard Mitigation Plan – National City Annex
Adopted Resolution No. 2023-25
Adopt the Resolution entitled, “Resolution of the City Council of the City of National City, California, Approving and Adopting the 2022 San Diego County Multi-Jurisdictional Hazard Mitigation Plan – City of National City Annex.”
Motion carried by unanimous vote

7.7 Accept and file the Housing Element 2022 Annual Progress Report.

Housing Authority Director Carlos Aguirre and Housing Programs Specialist II David McEachern provided a report.

Accept and file the Housing Element 2022 Annual Progress Report pursuant to California Code Section 65400 to the California Department of Housing and Community Development (HCD) and Office of Planning and Research (OPR).

ACTION: Motion by Councilmember Rodriguez, seconded by
Councilmember Yamane to accept and file the report.

Motion carried by unanimous vote

7.8 Amending the Agreement between the City of National City and Devaney Pate Morris & Cameron LLP for legal services.

Adopted Resolution No. 2023-26
Adopt the Resolution entitled, “Resolution of the City Council of the City of National City, California, Amending the Agreement between the City of National City and Devaney Pate Morris & Cameron LLP for legal services in the specialized area of General Civil Litigation Defense arising from Government Claims by 1.) Increasing the not -to-exceed amount by $125,000 for a new total not -to-exceed amount of $200,000 pertaining to litigation titled Bhandari v. City; and 2.) Increasing the not-to-exceed amount by $75,000 for a new total not-to-exceed amount of $150,000 pertaining to litigation titled Cummins v. City.

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Motion carried by unanimous vote

7.9 Notice of Decision – Planning Commission approval - Conditional Use Permit for the Operation of a Service Station at an Existing Gasoline Station located at 2401 East Division Street.

Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed (Case File No. 2022 -34 CUP) (Community Development – Planning).

Motion carried by unanimous vote

7.10 Notice of Decision – Planning Commission approval of a Conditional Use Permit (CUP) for a new Wireless Communications Facility to be located at 901 Euclid Avenue.

Receive and File.

Motion carried by unanimous vote

7.11 Temporary Use Permit - Community Easter Egg Festival sponsored by Jesus Church San Diego at Kimball Park on April 1, 2023, from 11 a.m. to 3 p.m. with no waiver of fees
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802.

Motion carried by unanimous vote

7.12 Temporary Use Permit – The 14th Annual San Diego Granfondo Bike Ride sponsored by Life Sports Foundation on April 23, 2023 from 7:30 a.m. to 5 p.m. with no waiver of fees.

Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802.

Motion carried by unanimous vote

7.13 Warrant Register #31 for the period of 1/27/23 through 2/02/23 in the amount of $2,267,218.53
Public comment received from Ted Godshalk.

ACTION: Motion by Councilmember Rodriguez, seconded by
Councilmember Bush to approve the item.

Ratify Warrants Totaling $2,267,218.53

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Motion carried by unanimous vote

7.14 Warrant Register #32 for the period of 2/03/23 through 2/09/23 in the amount of $2,310,853.39
Ratify Warrants Totaling $2,310,853.39
Motion carried by unanimous vote

8. PUBLIC HEARING

8.1 Public Hearing No. 1 of 2 HUD 2023 -2024 Annual Action Plan and the allocation of HUD Entitlement Grant Funds to the CDBG and HOME Program activities.

Director of the Housing Authority Carlos Aguirre introduced Housing Authority Programs Manager Angelita Palma who presented the item utilizing a PowerPoint presentation.

Mayor Morrison declared the Public Hearing open at 7:39 p.m.

There was no public comment.

ACTION: Motion by Councilmember Yamane, seconded by
Councilmember Rodriguez to close the Public Hearing.

Motion carried by unanimous vote.

Public Hearing closed at 7:43 p.m.

Councilmember Bush left the dais at 7:40 p.m. and returned at 7:43 p.m.

Recommendation: Conduct the Public Hearing and approve
recommendations for the CDBG and HOME funding allocations from the sources identified in the Financial Statement.

ACTION: Motion by Councilmember Bush, seconded by Councilmember Yamane to approve the staff recommendation.

Motion carried by unanimous vote.

8.2 Public Hearing and Resolution of the Substantial Amendment to the 2021 - 2022 Annual Action Plan for the HUD Draft HOME-ARP Allocation Plan.

Adopted Resolution No. 2023-27

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Housing Authority Programs Manager Angelita Palma and MDG HOME Program Consultant Clint Whited presented the item utilizing a PowerPoint presentation.

Mayor Morrison declared th e Public Hearing open at 7:44 p.m.

There was no public comment.

ACTION: Motion by Councilmember Rodriguez, se conded by Councilmember Yamane to close the Public Hearing.

Motion carried by unanimous vote.

Public Hearing closed at 7:48 p.m.

Recommendation: Approve the Resolution titled, “Resolution of the City Council of The City of National City, California, Ad opting the U.S .

Department of Housing and Urban Development (HUD) Substantial Amendment to the 2021 -2022 Annual Action Plan for the Draft HOME Investment Partnerships Program -American Rescue Plan (HOME -ARP) Allocation Plan and the allocation of $1,188,787 in grant funds proposed for affordable rental housing and planning and administration.” ACTION: Motion by Vice-Mayor Molina, seconded by Councilmember Rodriguez to adopt the resolution.

Motion carried by unanimous vote.

Item Pulled from Agenda – Continued to a Future Meeting

8.3 Consideration of the findings of the Balanced Plan Environmental Impact Report and Mitigation Monitoring and Reporting Program (MMRP).

Recommendation: Adopt the Resolution of the City Council of the City of National City , California, Accepting the Findings of the Balanced Plan Environmental Impact Report and Adopting by Reference the Mitigation Monitoring and Reporting Program.

Item Pulled from Agenda – Continued to a Future Meeting

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8.4 Approval of Amendment to City’s Local Coastal Program reflecting jurisdictional boundary changes affected by the Port of SD - National City Balanced Plan and expansion of the Bayshore Bikeway
Recommendation: Adopt the Resolution entitled, “Resolution of the City Council of the City of Na tional City, California, Approving a Local Coastal Program (LCP) Amendment to Reflect Jurisdictional Boundary Changes Affected by the Port of San Diego’s National City Balanced Plan and Expansion of the Bayshore Bikeway.

Item Pulled from Agenda – Continued to a Future Meeting

8.5 Ratifying the Sale of Real Property known as APN: 559 -118-02 and Declaring that the property is no longer needed for City purposes and that such properties are exempt under the Surplus Land Act.

Recommendation: Adopt the Resolution of the City Council of the City of National City, California, Ratifying the Sale of Real Property known as APN:
559-118-02 and declaring that the property is no longer needed for City purposes and that such properties are exempt under the Surplus Land Act.

Councilmember Rodriguez left the dais at 7:47 p.m. and returned at 7:51 p.m.

8.6 Amendment to Title 18 (Zoning) of the National City Municipal Code to create an Interim Use Ordinance related to the use of nonconforming buildings within the City.

Planning Manager Martin Reeder presented the item and PowerPoint presentation.

Mayor Morrison declared the Public Hearing open at 8:07 p.m.

There was no public comment.

ACTION: Motion by Councilmember Yamane, seconded by
Councilmember Bush to close the Public Hearing.

Motion carried by unanimous vote.

Public Hearing closed at 8:11 p.m.

Recommendation: Introduce the Ordinance.

ACTION: Motion by Vice-Mayor Molina, seconded by Councilmember Yamane to introduce the Ordinance.

Motion carried by unanimous vote.

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8.7 Second Reading and Adoption of Ordinance Amending National City Municipal Code Chapter 2.75 adjusting campaign contribution limits as required every odd -numbered year to reflect changes in the Consumer Price Index
Adopted Ordinance No. 2023-2518
City Clerk Shelley Chapel provided the report and a statement: Following the Introduction of the Ordinance it was recognized that the math on the report was correct as far as calculation of the percentage the contribution limit would change which is 1 3.3%. However, in the report the amounts five3 of $ 1,065, Individual contribution and $2,130 for Political Action Committees (PACs) were for a one-year calculation and the requirement is two-year or the 13.3%. The accurate totals will be $1,135 per Indiv idual and $2,265 per PAC and independent committees to candidates in controlled committees. At the discretion of the City Council to consider and additional second reading and adoption of the Ordinance or considering the percentage was accurate, it was a clerical error in the two year math. The City Council determined it was a clerical error and continued with the second reading and adoption of the Ordinance noting that correction noted in the minutes and changed in the Ordinance prior to codification into the National City Municipal Code.

Mayor Morrison declared the Public Hearing open at 8:14 p.m.

There was no public comment.

ACTION: Motion by Councilmember Bush, seconded by Councilmember Rodriguez to close the Public Hearing.

Motion carried by unanimous vote.

Public Hearing closed at 8:18 p.m.

Recommendation: Adopt Ordinance entitled, “Ordinance of the City Council of the City of National City, California, Amending Various Sections of the National City Municipal Code Chapter 2.75 to adjust the Campaign Contribution Limit for any Election Held on or after January 1, 2024.” ACTION: Motion by Councilmember Bush, seconded by Vice-Mayor Molina to adopt the Ordinance with clerical errors corrected by staff.

Motion carried by unanimous vote.

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9. CITY MANAGER’S REPORT
City Manager Brad Raulston introduced staff who provided various updates.

10. ELECTED OFFICIALS REPORT
Closing remarks were provided by members of the City Council.

11. CITY ATTORNEY REPORT

CLOSED SESSION
Mayor Morrison introduced City Attorney Schultz who reported that by unanimous vote the City Council provided direction to legal counsel to defend the matter for Closed Session Item 5.1.

5.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Name of Case: Cali Mota, LLC v City of National City. et. al.

Superior Court of California, County of San Diego
Case No. 37-2023-00007308-CU-WM-CTL

12. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, April 4, 2023, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 8:40 p.m.

__________________________________
LaTonya Hussain, Executive Secretary

The foregoing minutes were approved at the Regular Meeting of April 18, 2023

________________________________
Ron Morrison, Mayor

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WORKSHOP MINUTES OF THE CITY COUNCIL
March 24, 2023, 9:00 a.m.

City Council Chamber - 1243 National City Boulevard
National City, CA

Present: Mayor Morrison
Vice-Mayor Molina
Councilmember Bush
Councilmember Yamane (arrived 9:30 a.m.)
Others Present: Brad Raulston, City Manager

Absent:

Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Carlos Aguirre, Housing Authority Director
Molly Brennan, Administrative Services Director
Alejandro Hernandez, Assistant Chief of Police
Sergio Mora, Fire Battalion Chief
Joyce Ryan, Library & Community Services Director
Armando Vergara, Director of Community Development
Roberto Yano, Director of Public Works and City Engineering

Councilmember Rodriguez
____________________________________________________________________

1. CALL TO ORDER
The meeting was called to order at 9:00 a.m. by Mayor Morrison.

2. ROLL CALL

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3. PUBLIC COMMENT
Edward Nieto
Carlos Ruiz
Karen Azhocar McManus

4. STAFF REPORT
Conducted City Council Goal Setting Workshop
Councilmembers conducted the “Dot” process and selected from a list of 18 items their “Top 5” areas by majority that will be the Goals for City Council going forward.

1. Improve permitting and development process for greater efficiency (4 dots)

2. Provide services that impact quality of life (e.g. cleanliness) (3 dots)

3. Improve communication and outreach overall and tailor some by district (2 dots)

4. Maintain and improve infrastructure (2 dots)

5. District Budgeting (to be defined) (2 dots)

6. Pipelines for public safety jobs (2 dots)

7. Golf course development (1 dot)

8. Address future deficit and maintain a balanced budget (1 dot)

9. Increase home ownership opportunities and the ratio of ownership to rental housing (1 dot)

10. Address homelessness through partnerships with other agencies (1 dot)

11. Enhance public safety through short and long-term solutions to crime involving youth (1 dot)
PUBLIC COMMENT:

Geoffrey Schrock
Joan Rincon

5. ADJOURNMENT
Mayor Morrison adjourned to the Workshop of the City Council of the City of National City, Tuesday, April 4, 2023, 6:00 in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The workshop adjourned at 2:30 p.m.
__________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of April 18, 2023.

__________________________
Ron Morrison, Mayor

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AGENDA REPORT

Department: Engineering
Prepared by: Roberto Yano, Director of Public Works/City Engineering Meeting Date: Tuesday, April 18, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Acceptance of an Encroachment Permit and Agreement with SD Street Banners LLC for the Installation of Banners within the Public Right-of-Way for Asian Pacific American Heritage Month.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, authorizing the Mayor to Execute an Encroachment Permit and Agreement with SD Street Banners, LLC for the Installation of Asian P acific American Heritage Month Banners within the Public Right-of-Way.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The month of May is Asian Pacific American Heritage Month. The Asian Pacific American Coalition is coordinating the installation of celebratory banners throughout National City to commemorate this month. The APAC -proposed banners (Exhibit A) will be installed on city- owned poles, as well as new windbreaker hardware, within the public right of way at the locations, shown in Exhibit B. APAC has engaged SD Street Banners, LLC to fabricate and install these banners, and is requesting the City to execute an Encroachment Permit and Agreement with SD Street Banners, LLC.

Staff recommends approving the execution of the Encroachment Permit and Agreement to allow for the installation of Asian Pacific American Heritage Month banners throughout National City within the public right of way.

FINANCIAL STATEMENT:

Total Fees: $690

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

This is a project under CEQA and requires full environmental review and the preparation of an environmental impact report. CCR 15362.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

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ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Banner Specs
Exhibit B – Map of Banner Location
Exhibit C – Encroachment Permit Agreement
Exhibit D – Resolution Encroachment with SD Street Banners for APAHM

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EXHIBIT A
Banner Specs: There are 2 size of banners to be produced. 30” x 94” as shown below, 20” x 62” exact same design and spec as below just smaller in size.

Banner Image:

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Hardware: The small banners will be installed on existing city hardware originally installed by City of National City. The large banners will be hung on the windbreaker hardware shown below and will be attached to the pole with Stainless Steel Banding.

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Exhibit B: Map of Banner Locations

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RESOLUTION NO. 2023 -

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

CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT

PERMIT AND AGREEMENT WITH SD STREET BANNERS, LLC, FOR THE

INSTALLATION OF ASIAN PACIFIC AMERICAN HERITAGE MONTH BANNERS

WITHIN THE PUBLIC RIGHT-OF-WAY

WHEREAS, the month of May is Asian Pacific American Heritage Month and the Asian Pacific American Coalition (APAC) is coordinating the installation of celebratory banners throughout National City to commemorate this month; and WHEREAS, APAC has engaged SD Street Banners, LLC to fabricate and install these banners; and
WHEREAS, APAC is requesting the City to execute an Encroachment Permit and Agreement with SD Street Banners, LLC.

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

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

Section 1: That the City Council hereby authorizes the execution of the Encroachment Permit and Agreement with SD Street Banners, LLC to allow for the installation of Asian Pacific American Heritage Month banners throughout National City within the public right of way.

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.

PASSED and ADOPTED this 18th day of April, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Administrative Services - Human Resources Prepared by: Molly Brennan, Administrative Services Director Meeting Date: Tuesday, April 18, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Approval of Agreement with Professional Search Group, LLC for Temporary Personnel Services.

RECOMMENDATION:

Adopt the Resolution of the City Council of the City of National City, California , Authorizing the Mayor to Execute a Professional S ervice Agreement between the City of National City and Professional Search Group, LLC to provide Temporary Staffing Services.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On March 21, 2022, t his item originally presented for City Council consideration, a nd then consequently pulled from the Consent Calendar for discussion , has returned per City Council direction. Following the discussion and by unanimous vote of the Council, the item was continued to this meeting. During that meeting and discussion, City Councilmembers addressed staff with questions and comments. Response to those queries can be found in this report.

Professional Search Group (PSG) has been providing the City with temporary staffing services since 2019. Specifically, they find temporary personnel to fill vacant administrative and internal service positions (HR, Finance) as requested. The temporary personnel are PSG employees who work at the City to backfill vacancies that are pending a recruitment for a permanent hire or to backfill long-term leaves of permanent employees. Using temporary staffing reduces burnout of City staff and maintains services levels for our residents.

Professional Search Group
Payment History
FY23 $119,576.87
FY22 $293,910.69
FY21 $164,346.56
FY20 $107,538.45
FY19 $5,723.82

The payment history with PSG by fiscal year in the table above does show this contract should have come to City Council for award sooner. This was an unintentional oversight . As stated by staff during the item’s discussion on March 21 , 2023, each department processes payment for temporary personnel from their respective departmental budgets. Because of this segregated billing system, there was no oversight on the contract as a whole for the cumulative expenses. In spring of 2022, due the increase in vacancies and subsequent increase i n the use of temporary

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workers, staff did realize this contract had exceeded the City Manager’s signing authority and the HR Director was tasked with preparing a contract for City Council. Unfortunately, due to prior HR Directors lack of action, and immediate departure from employment with the City in June of 2022, this task was displaced.

In July of 2022, staff once again worked with the vendor to negotiate a new contract and forwarded the contract to the City Attorney’s Office at the beginning of August for review. Procedure in processing agreements requires a legal review prior to Council action. The City Attorney’s Office provided a response to the request in February 2023 and then the item initially presented at the March 21, 2023, Regular City Council Meeting.

Since March 21st the City has been unable to backfill positions with PSG temporary workers since we do not currently have an approved contract with the vendor . The following is a list of the positions that were recently backfilled with PSG temporary staff and the justification:

 Police Operations Assistant – permanent employee on long-term leave  Senior Office Assistant – vacancy
 Administrative Secretary – vacancy
 Housing Assistant – vacancy

Although we have filled these specific vacancies with permanent City employees and have no PSG temps working for the City currently, there is the chance that at any time a current employee could give two-weeks’ notice, or could go out on an unanticipated long -term leave of absence .

As a result, this could create a new vacancy or the need to hire temporary staffing to backfill the position until a permeant hire replacement processed.

The City does use one other temporary staffing agency, Hamlyn Williams, which is within the City Managers authority to hire and sign an agreement. However, Hamlyn Williams specializes in Finance and IT placements only, therefore, not utilized as often as PSG.

The City’s Civil Service Rules dictate the City’s recruiting and hiring process. Hiring permanent full-time employees typically takes 3-4 months, or potentially longer if a police level background check is necessary for the position. Expanding the size of the HR staff will not reduce this timeline.

 Once a job is posted it is open to applicants for 2-6 weeks  Applicants are screened, and are given a week appeal period per Civil Service rules  Departments with open positions receive the eligibility list  Departments schedule and conduct interviews
 Conditional offers are negotiated
 Background checks are completed
 Fit for duty exams are completed
 Candidates give notice to their current employers
 Onboard as new employees at National City

There is no way around the fact that all of these steps take time.

The rules do allow for provisional appointments, or temporary appointments, however, per the Civil Service Rules; even these temporary hires must meet the minimum qualifications of the vacant position. Therefore, the City would still be required to open a job posting to receive applications for temporary hires to find potential candidates, and then screen them to confirm they meet the position ’s minimum qualifications . The process for hiring t emporary workers directly would look very similar to a permanent recruitment, the process would take a significant amount of time, and the vacancy would remain unfilled for a few months, negating the purpose of using

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temporary workers and potentially extending further providing HR staff time and capacity to recruit for the permanent hire.

Our Civil Service Rules do not allow us the flexibility to be a nimble hiring organization. Other agencies of our size use professional service vendors, like PSG, to provide temporary personnel services for these reasons, such as Chula Vista and La Mesa. Only very large public agencies, like the City of San Diego or County of San Diego, operate their own internal temporary worker pools. The large agencies are able to operate their own temporary worker pools because there is always a vacancy in the workforce due to their size . Even then, the County supplements their internal temporary worker pool with an outside professional service vendor for tempo rary personnel services.

For the reasons discussed above, staff recommends continuing to use temporary staffing services with professional services vendors as a resource to temporarily backfill our vacant positions.

As a professional service vendor, there is no requirement and is not subjected to the formal bid process. The agreement with PSG is for a not-to-exceed amount of $275,000 per year. Like the on-call agreements the City has with other professional service vendors, payment is only due to the vendor when the City requests a temporary staffing placement. Prior to each PSG placement, the City and PSG agree upon an acceptable hourly rate for said services depending on the type of position.

FINANCIAL STATEMENT:

None. When used to backfill vacancies, temporary staffing service costs are offset by personnel service budget savings. If a department asks for temporary staffing services, they would need to demonstrate it is budget neutral or ask City Council for the budget allocation necessary through a future Council action.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Agreement
Exhibit B - Resolution

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AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
AND

PROFESSIONAL SEARCH GROUP, LLC
THIS AGREEMENT is entered into on this 18th day of April, 2023, by and between the CITY OF NATIONAL CITY, a municipal corporation (the “CITY”), and PROFESSIONAL SEARCH GROUP, LLC, a corporation (the “CONSULTANT”).

R E C I T A L S
WHEREAS, the CITY desire s to employ a CONSULTAN T to provide provision of temporary personnel services.

WHEREAS, the CITY has determined that the CONSULTANT is a recruitment firm specializing in the recruitment of finance, accounting, information technology, and clerical professionals on a temporary, contract, and permanent basis and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALL Y AGREE AS FOLLOWS:

1. ENGAGEMENT OF CONSULTA NT. The CITY agrees to engage the CONSULTANT on an as needed basis to identify and provide temporary personnel and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein.

The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT.

2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on April 18, 2023. The duration of this Agreement is for the period of three years through April 18, 2026. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to two one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager.

3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit “A”.

The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY.

The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith

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and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services.

4. PROJECT COORDINATION AND SUPERVISION . The Administrative Services Director hereby is designated as the Project Coordinator for the CITY and will monitor the progress and executio n of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Alejandro Gonzalez, Recruitment Manager thereby is designated as the Project Director for the CONSULTANT.

5. COMPENSATION AND PAYMENT . The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours work ed and also materials, if any. The total cost for all work described in Exhibit “A” shall not exceed $275,000 per year . An hourly all - inclusive bill rate will be charged on a per candidate, per position basis. This bill rate will be agreed upon between the CITY and the CONSULTANT prior to a candidate starting employment. If the CITY uses the CONSULTANT for recruitment servi ces in the future, the introduction fee due to the CONSULTANT shall not exceed the rates set forth in Exhibit “A”. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit “A”, as determined by the CITY.

The CONSULTANT shall maintain all books, documents , papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred , and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY , and for furnishing of copies to the CITY, if requested.

6. ACCEPTABILITY OF WORK . The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due.

In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT.

7. DISPOSITION AND OWNERSHIP OF DOCUMENTS . The Memoranda, Reports, Maps, Drawings, Plans, S pecifications, and other documents prepared by the CONSULTANT or their employees serving as temporary City personnel under this agreement , whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement.

Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclai ms any copyright in, and the right to reproduce, all written material, drawings, plans, specifications , or other work prepared under this A greement, except upon the CITY’S prior authorization regarding

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reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer.

The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium , or method utilize the CONSULTANT’S written work product for the CITY’S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works.

Any modification or reuse by the CITY of documents, drawings , or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, un less otherwise mutually agreed.

8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners , or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT’S employees are employee s of the CITY , and are not entitled to any of the rights, benefits, or privileges of the CITY’S employees, including but not limited to retirement, medi cal, unemploy- ment, or workers’ compensation insurance.

This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT’S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY.

Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement.

9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT’S employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT’S agents, servants, or employ ees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT’S obligations to the CITY are solely prescribed by this Agreement.

10. COMPLIANCE WITH APPLICABLE LAW . The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules , and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement.

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11. LICENSES, PERMITS, ETC . The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is leg ally required for the CONSULTANT to practice its profession.

12. STANDARD OF CARE.

A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT’S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT’S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site.

B. Unless disclosed in writing prior to the date of this A greement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governm ental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT’S professional performance or the furnishing of materials or services relating thereto.

C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is s pecified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CIT Y are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub-section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY’S later inability to obtain the specified ite ms or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time.

13. NON-DISCRIMINATION PROVISIONS . The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical h andicap, or medical condition. The CONSULTANT will take positive action to insure that ap plicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

14. CONFIDENTIAL INFORMATION . The CIT Y may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT

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shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 1 4, however, shall not ap ply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession o f the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15.

15. INDEMNIFICATION AND HOLD HARMLESS . To the maximum extent provided by law, the CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys’ fees, and defense costs, of any kind or nature, including workers’ compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT’S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney.

The CITY agrees to defend, indemnify and hold harmless the CONSULTANT, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorney’s fees, and defense costs, of any kind or nature, including workers’ compensation claims, of or by anyone whomsoever, resulting from or arising out of he CITY’s performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CONSULTA NT, its agents, officers, employees or volunteers. CONSULTANT will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney.

The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement.

16. EMPLOYEE PAYMENTS AND INDEMNIFICATION.

16.1 PERS Eligibility Indemnification . If CONTRACTOR’s employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the

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California Public Employees Retirement System (“PERS”) to be eligible for enrollment in P ERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions w hich would otherwise be the responsibility of the CITY.

CONTRACTOR’S employees providing service under this Agreement shall not:
(1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR’s employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary.

16.2 Limitation of CITY Liability . The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR’s officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers’ compensation insurance on behalf of CONTRACTOR.

16.3 Indemnification for Employee Payments . CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers’ compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement.

17. WORKERS’ COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers’ Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, an d hold harmless the CITY and its officers, employees , and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney’s fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement.

18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies:

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A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence.

B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles . The p olicy shall name the CITY and its officers, agents , employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided.

C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occu rrence and $4,000,000 aggregate , or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy , covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this “project” or “location”. The “project” or “location” should be noted with specificity on an endorsement that shall be incorporated into the policy.

D. Workers’ Compensation Insurance in an amount sufficient to meet statutory requirements cove ring all of CONSULTANT’S employ ees and employers’ liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement.

If CONSULTANT has no employees subject to the California Workers’ Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY.

E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY ’s Risk Manager, at the address listed in subsection G below, of cancellation or material change.

F. If required insurance coverage is provided on a “claims made” rather than “occurrence” form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (an d any extensions) of this Agree ment. In addition, the “retro” date must be on or before the date of this Agreement.

G. The Certificate Holder for all policies of insurance required by this Section shall be:

City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397

H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder’s alphabetic and financial size category rating of not less than A:VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the CITY’S Risk Manager. In the event coverage is provided by non- admitted “surplus lines” carriers, they must be included on the most recent List of Ap proved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.

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I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY’S Risk Manager. If the CONSULTANT does not keep all insur ance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein.

J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out-of-court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys’ fees.

For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney’s fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney’s fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney’s fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney’s fees incurred by the prevailing party.

20. TERMINATION.

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

Termination without cause shall be effective only upon 60 -day’s written notice to the CONSULTANT. During said 60 -day period the CONSULTANT shall perform all service s in accordance with this Agreement.

B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY.

C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein.

D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages

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Standard Agreement Page 9 of 12 City of National City and Revised January 2021 Professional Search Group LLC
caused the CITY by the CONSULTANT’S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7.

E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT.

21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight m ail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons:

To CITY: Molly Brennan
Administrative Services Director
City of National City
1243 National City Boulevard
National City, CA 91950-4397

To CONSULTANT:

Carl Fink
Director
Professional Search Group, LLC
6790 Embarcadero Lane, Suite 100
Carlsbad, CA 92011
Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section.

22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City . The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest,

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Standard Agreement Page 10 of 12 City of National City and Revised January 2021 Professional Search Group LLC
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National C ity Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY.

If checked, the CONSULTANT shall comply wi th all of the reporting requirements of the Political Reform Act and the National C ity Conflict of Interest Code.

Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk.

The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT.

23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations.

24. ADMINISTRATIVE PROVISIONS.

A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday.

B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument.

C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.

D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.

E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsiste nt with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control.

F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto.

G. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY.

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Standard Agreement Page 11 of 12 City of National City and Revised January 2021 Professional Search Group LLC
H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.

I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Californi a. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California.

J. Audit. If this Agreement exceeds ten-thousand dollars ($10,000), the parties shall be subject to t he examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7.

K. Entire Agreement. This Agree ment supersedes any prior agree ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.

L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.

M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or i s allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement.

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

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written.
[Signature Page to Follow]

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Standard Agreement Page 12 of 12 City of National City and Revised January 2021 Professional Search Group LLC

CITY OF NATIONAL CITY
By: ____________________________
Ron Morrison, Mayor
APPROVED AS TO FORM:

By: ____________________________
Barry Schultz
City Attorney

PROFESSIONAL SEACH GROUP, LLC
(Corporation – signatures of two corporate officers required) (Partnership or Sole proprietorship – one signature)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
By: ______________________________
(Name)
______________________________
(Print)
______________________________
(Title)
Carl Fink
Director

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RESOLUTION NO. 2023 -

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

CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL

SERVICE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND

PROFESSIONAL SEARCH GROUP, LLC TO PROVIDE TEMPORARY STAFFING SERVICES.

WHEREAS, Professional Search Group, LLC has provided temporary staffing services for the City of National City since 2019; and
WHEREAS, the City u ses temporary staffing services to backfill vacancies that are pending a recruitment for a permanent hire or to backfill long -term leaves of permanent employees; and
WHEREAS, using temporary staffing reduces burnout of City staff and maintains services levels for our residents; and
WHEREAS, the parties wish to enter into an Agreement to provide temporary staffing services by entering into a Service Agreement for the term from April 18, 2023 to April 18, 2026 at a not-to-exceed amount of $275,000 per fiscal year.

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

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

Section 1: That the City Council hereby authorizes the Mayor to execute a professional services agreement with Professional Search Group, LLC to provide temporary staffing services.

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.

PASSED and ADOPTED this 18th day of April, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Administrative Services - Human Resources Prepared by: Molly Brennan, Administrative Services Director Meeting Date: Tuesday, April 18, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Approval of Creation of O ne (1) New Job Classification titled Crime & Intelligence Analyst and Amending the MEA Salary Schedule.”

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

On March 8 , 2023 the National City Civil Service Commission approved the new Crime & Intelligence Analyst job classification (Exhibit A).

EXPLANATION:

The Police Department requested the creation of a new classification to address the expanded needs of higher -level subject matter expertise and complex analysis and to support workforce sustainability. After a thorough job analysis of the roles and respons ibilities of the current employee serving in the Crime Analyst classification, HR staff agreed that a journey -level classification was necessary to reflect the higher-level duties of the position as currently executed.

The Civil Service Commission vo ted to approve the new Crime & Intelligence Analyst classification at their last meeting and the Municipal Employees’ Association supports the addition of the new classification to allow for a promotional opportunity within their membership.

Exhibit B is the proposed salary for the position. The first page of the exhibit shows the current Crime Analyst salary steps and the second page the proposed Crime & Intelligence Analyst Salary Steps. Through the rest of 2023, there would be a 9.4% difference between the two classifications and in January 2024, the Crime Analyst will get a 6.16% equity + COLA increase and the Crime & Intelligence Analyst will get a 3% COLA increase, bringing them to a 6.1% difference. While both positions will not be filled at the same tim e, for employees that are hired at the lower level classification and are promoted during their time working at the City, the MEA MOU requires promotions come with at least a 5% salary increase. Therefore, the wages should maintain at least 5% differential between these two classifications.

If approved, the current Crime Analyst will be promoted to the new Crime & Intelligence Analyst position the first full pay period after City Council approval.

FINANCIAL STATEMENT:

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Staffing the Police Department with the higher level Crime & Intelligence Analyst will cost the General Fund approximately $9,000 per year more than the current staffing at the Crime Analyst level. No additional FY23 budget appropriations are necessary due to other vacancies within the Police Department providing cost savings that offset the additional cost for the remainder of the current fiscal year. If approved, moving forward the additional cost will be included in the FY24 proposed budget.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Crime & Intelligence Analyst Job Classification Exhibit B – Proposed Salary Schedule
Exhibit C - Resolution

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CRIME & INTELLIGENCE

ANALYST

CITY OF NATIONAL CITY
CLASS SPECIFICATION Approved: March 2023

DEFINITION
Under direction, compile, independently analyze, evaluate, correlate, and disseminate crime data, crime reports and other criminal intellig ence information provided by local, State, and Federal law enforcement agencies r elative to general criminal activities and organized criminal groups; as well as, disclose patterns and trends of criminal activity for the City of National City, using various illustrative and statistical methods.

DISTINGUISHING CHARACTERISTICS
The Crime and Intelligence Analyst is a journey-level classification. This class is distinguished from the lower level classification of Crime Analyst, in that the latter may be an entry level position or is in volved with less complex and sensitive city - wide projects.

EXAMPLES OF TYPICAL DUTIES
The following duties and responsibilities are representative of those typically performed by positions assigned to this classification. Any single position may not perform all of these duties and/or may perform similar related tasks not listed here. • R
esearches, collects, analyzes crime and community demographic data to determine patterns and trends; develops and recommends strategies against re cognized criminal trends.
• Gathers and updates information of criminal suspect activity and other periodic crime activity; supports and assists investigators/patrol personnel directly in the compilation and analysis of confidential information regarding complex criminal investigations and recommends specific investigative directions based on conclusions drawn from analysis.
• Uses and maintains various law enforcement and non- law enforcement automated systems; prepares reports to assist in criminal investigations or to make intelligence assessments.
• Generates and disseminates maps, graphs, tables, charts and reports using spreadsheets, databases, link analysis, GIS and statistical software; participates in the development and maintenance of computer programs to assist in crime analysis efforts.
• Prepares detailed administrative and management reports, and maintains accurate records. • Receives and responds to requests for information from the public, departmental personnel, or representatives from outside agencies.
• Provides analytical support in the development and analysis of department and community surveys.
• Develops and maintains crime analysis related information on the department's Intranet and Internet websites.

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• C
reates and uses appropriate manual and automated files for performing analytical research functions.
• Provides training on crime analysis and mapping fundamentals. • Represents NCPD on research, grant and County-wide initiatives. • May plan and oversee the work of others.

MINIMUM QUALIFICATIONS
Education and Experience: Any combination equivalent to training and experience that could likely provide the required knowledge, skills, and abilities will be qualifying. A typical way to obtain the required knowledge, skills, and abilities would be: bachelor's degree in criminal justice, sociology, public administration, business administration or a closely related field, AND two (2) years of full time experience in a Crime Analysis Unit, Crime Prevention Unit, or Law Enforcement Unit, in the collection, analysis, and presentation of complex crime data; OR, an associate's degree in criminal justice, public administration, business administration or a closely related field, AND a certificate in crime and/or intelligence analysis or a related field; AND three (3) years of full time experience in a Crime Analysis Unit, Crime Prevention Unit, or Law Enforcement Unit in the collection, analysis, and presentation of complex crime data.

Additional years of experience as described above may substitute for the education requirement on a year-for-year basis. A master's degree may substitute for one (1) year of the required experience.

Knowledge and Skills in:

Principles, methods, and techniques used in research and analysis of a variety of complex data; data collection, math, statistics, statistical analysis and display; c rime-related terminology; distinction between crime patterns, series and trends; c riminal justice system functions and processes; methods and techniques used in researching, compiling, sorting, evaluating and analyzing statistical, theoretical, and factual criminal and offender information; software applications such as Excel, Word, Access, PowerPoint, Windows, G.I.S. mapping, and other geographical systems; current technology and trends in the profession, along with continuous learning ; government organization functions, services, and inter-jurisdictional relationships.

Ability to:

Compile, organize, analyze and interpret crime and cr iminal offender data/statistics; analyze information, problems, conditi ons, and statistical data and prepare written descriptions and reports ; c reate, mai ntain and access database files; u tilize various computer systems in data collection, statistical analysis, and data presentation; understand and apply complex concepts provided by information management systems; supportive of change, problem solving and innovation; prioritize work to meet established dead lines; work well under pressure; e stablish and maintain effective working relationships with employees, employee represent atives, management, other agencies and the public; maximizes team effectiveness with teamwork and collaboration; understand

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organizational and political implications of research findings, recommendations and decisions; m ake oral presentations and conduct effective training programs ; us e independent judgment and make sound decisions consistent with policy and procedures; exercise appropriate judgment in answering questions and releasing information; analyze and project consequences of decisions and/or recomm endations; assess the customer's immediate needs and ensure customer's receipt of needed services through personal service or making appropriate referral; exercise independence in identifying, defining and selecting study methods; c ommunicates effectively both orally and in writing with a variety of individuals representing diverse cultures and backgrounds and functions calmly in situations that require a high degree of sensitivity, tact, and diplomacy; demonstrates ethical behavior; values and respects others.

LICENSES, CERTIFICATIONS, OR SPECIAL REQUIREMENTS
License: A valid California C lass C driver's lic ense, which must be maintained throughout e mployment i n this class, is required a t time of appointment, or t he ability to arrange necessary an d timely transportation f or field travel. E mployees i n this class m ay be r equired to us e their own vehicle.

Certification s/Registration : CLEA (California Law Enforcement Analyst Certification/Crime and Intelligence Analysist Certification) through IACA (International Association of Crime Analysts) or any accredited college or association , and CPTED (Crime Prevention through Environmental Design) Certifications or completion of the application/registration process are both highly desirable.

FPPC Statement of Economic Interest Filing Requirement: This position has a responsibility to file an Annual Statement of Economic Interest Form 700 reporting any conflicts of interest.

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CITY OF NATIONAL CITY

NCMEA SALARY SCHEDULE

POSITION STEP HOURLY BIWEEKLY MONTHLY ANNUAL
EFFECTIVE JANUARY 2023

CRIME ANALYST
A 30.86 2,468.57 5,348.57 64,182.79
B 32.40 2,592.09 5,616.19 67,394.27
C 34.02 2,721.92 5,897.49 70,769.85
D 35.31 2,824.70 6,120.18 73,442.18
E 37.51 3,000.51 6,501.11 78,013.27
EFFECTIVE JANUARY 2024, 6.16% increase

CRIME ANALYST
A 32.76 2,620.63 5,678.04 68,136.45
B 34.40 2,751.76 5,962.15 71,545.76
C 36.12 2,889.59 6,260.77 75,129.27
D 37.48 2,998.70 6,497.18 77,966.22
E 39.82 3,185.34 6,901.57 82,818.89

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CITY OF NATIONAL CITY

NCMEA SALARY SCHEDULE

POSITION STEP HOURLY BIWEEKLY MONTHLY ANNUAL
EFFECTIVE JANUARY 2023

CRIME & INTELLIGENCE ANALYST
A 33.76 2,700.68 5,851.46 70,217.57
B 35.45 2,835.71 6,144.04 73,728.45
C 37.22 2,977.50 6,451.24 77,414.88
D 39.08 3,126.37 6,773.80 81,285.62
E 41.03 3,282.69 7,112.50 85,350.00
EFFECTIVE JANUARY 2024, 3% increase

CRIME & INTELLIGENCE ANALYST
A 34.77 2,781.70 6,027.01 72,324.10
B 36.51 2,920.78 6,328.36 75,940.31
C 38.34 3,066.82 6,644.78 79,737.32
D 40.25 3,220.16 6,977.02 83,724.19
E 42.26 3,381.17 7,325.88 87,910.50
DRAFT

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RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, CREATING ONE (1) NEW JOB CLASSIFICATION AND AMEND MENT TO THE NATIONAL CITY MUNICIPAL EMPLOYEES’ ASSOCIATION SALARY

SCHEDULE

WHEREAS, City staff and the National City Municipal Employees’ Association (MEA) recommends approving the addition of the Crime & Intelligence Analyst classification to the National City MEA Salary Schedule; and
WHEREAS, the classification was created to address the expanded needs of higher- level subject matter expertise and complex analysis within the Police Department; and WHEREAS, in January 2024, the classification of Crime & Intelligence Analyst will receive a 3% Cost-of-Living Adjustment (“COLA”); and
WHEREAS, City staff recommends the City Council approve creating one (1) new job classification for the position of Crime & Intelligence Analyst and amending the National City MEA Salary Schedule to add the classification.

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

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

Section 1: Approves the addition of the Crime & Intelligence Analyst classification to the MEA Salary Schedule.

Section 2: This Resolution shall take effect immediately upon its passage.

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

PASSED and ADOPTED this 18th day of April, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Library and Community Services
Prepared by: Joyce Ryan, Library & Community Services Director Meeting Date: Tuesday, April 18, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Authorize the Acceptance of the Parks Pass 2023 Library Program Grant.

RECOMMENDATION:

Approve the Resolution entitle d, “Resolution of the City Council of the City of National City, California, authorizing the City Manager or designee to accept the Parks Pass 2023 Program Grant in the Amount of $3 6,600 from the California State Library to fund Library Parks Pass programs and authorizing the establishment of a Library Grants fund appropriation of $36,600 and corresponding revenue budget.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Approved by the Board of Library Trustees at the April 6, 2023 Special Meeting.

EXPLANATION:

The California State Library is awarding the National City Public Library $36,600 for the Parks Pass Program to provide six (6) excursions to local State Parks to promote the State of California Parks Pass Program. Each library in the State of California received State Parks Passes to enable patrons to enjoy California State Parks without having to pay admission. The passes are available through our library to check out for ten days at a time. In order to promote the program, the State Library created a grant program to enable libraries to provide excursions and encourage the use of our State Parks.

The Library Parks Pass Grant will fund six (6) excursions and explorer backpacks for participants to Torrey Pines and Old Town State Parks. These programs will highlight the variety of mental and physical benefits of being outdoors, and transportation to the locations will remove barrie rs to access. In addition, tour guides at the two locations will be able to engage patrons in English and Spanish and all promotional materials will be created in English and Spanish, as well.

The additional funding provided this year allows the Library to provide the excursions to students participating in our adult ESL and digital literacy classes. Our Library has a robust Literacy Program that offers ESL classes to assist learners with their English language skills, and computer technology classes to aid them in developing digital literacy. Many of our students have expressed interest in applying their skills in the exploration of San Diego County. Consequently, the grant funds will be used as a way to expand on the existing ESL and digital literacy curriculum, with the students creating the English language text and graphics for a brochure on the state park they visited.

This funding is the second round of Park Pass Grant funding. The National City Public Library received $4,375 from the State Library in August 2022 to provide two excursions to Tijuana Estuary State Park and Old Town State Park; both excursions were very popular.

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FINANCIAL STATEMENT:

Adoption of the resolution will approve the acceptance of the State Library Parks Pass grant in the amount of $3 6,600 and will establish a Library Grants fund appropriation of $3 6,600 and corresponding revenue budget.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit 1 - Award Letter, Agreement and Certificate of Compliance Exhibit 2 - Resolution

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Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

March 7, 2023
National City Public Library
1401 National City Blvd.

National City, CA 91950

Subject: Parks Pass Grants, 2023
Title: Parks Pass 2023: Discovering Parks Together (PPP21-2-14)

Dear Ms. Joyce Ryan:

This letter confirms the California State Library’s award of $36,600 to the National City Public Library for the Parks Pass 2023: Discovering Parks Together program. National City Public Library will receive the award upon execution and approval of the grant agreement, certification, and claim forms.

Hard copies of this correspondence will not follow. Please keep the entirety of this correspondence for your files and consider these award materials your original documents.

This grant is governed by the attached Grant Agreement and Certification of Compliance, which includes the project period, reporting requirements, and payment schedule as well as the proposal outlining the project plan and budget. Please sign the claim and certification forms at the back of your award packet using the DocuSign system. Should you have any questions regarding the use of DocuSign please contact your grant monitor.

The State Library grant monitor for this project is Lisa Nowlain. She can be reached at [email protected] or at (916) 603-6711. Lisa is available to assist you throughout the project period. Best wishes for a successful project.

Respectfully yours,

Greg Lucas
California State Librarian

Enclosures
CC: Lisa Nowlain
Reed Strege
Gina Iwata
Yesenia Castellon
Tiffany Roberts, [email protected]
DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACD

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Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

THE BASICS – YOUR GRANT AWARD
The following provides all the basic information about your grant and managing your grant.

Award #: PPP21-2-14
Library/Organization: NATIONAL CITY PUBLIC LIBRARY
Project Title: Parks Pass 2023: Discovering Parks Together Award Amount: $36,600

APPROVED BUDGET
Salaries/Wages/Benefits $0
Consultant Fees $0
Travel $0
Supplies/Materials $21,000
Equipment ($5,000 or more per unit) $0
Services (contracted) $15,600
Project Total $36,600
Indirect Cost $0
Grant Total $36,600

Start Date: Upon execution
End Date: February 29, 2024
Please understand that it can take from six to eight weeks after a completed claim form with no errors has been received before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.

REPORTING
NATIONAL CITY PUBLIC LIBRARY is required to provide a mid-project financial and narrative report as outlined in the Award Agreement and Certificate of Compliance (September 1, 2023); final financial and narrative reports by March 30, 2024; and updates upon request. Reports will be submitted to your grant monitor, Lisa Nowlain, by email at [email protected].

PAYMENTS
Please note this clarification regarding payments. Grant payments will be made based on the payment schedule laid out in the Grant Term and Award Documentation. The grant recipient is responsible for fulfilling all project reporting requirements and expending all funds, or returning all unspent grant funds, by the time specified in the grant terms and conditions.

CONTACT
We want your project to be successful. Please work with the grant monitor in implementing your project:

Grant Monitor: Lisa Nowlain
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Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov

Phone Number: (916)603-6711
Email Address: [email protected]

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STATE FUNDED GRANTS

AWARD AGREEMENT AND

CERTIFICATE OF COMPLIANCE
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TABLE OF CONTENTS

PROJECT SUMMARY

3 PROCEDURES AND REQUIRMENTS
A.

Term of the Agreement 4
B.

Scope of Work
4 C.

Budget Detail
4 D.

Narrative and Financial Reports
5 E.

Claim Form and Payment

5 EXHIBIT A: TERMS AND CONDITIONS

8 EXHIBIT B: CERTIFICATION AND COMPLIANCE FORM
23 Certification 26
Authorized Representative Signature 27
EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES

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PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and NATIONAL CITY PUBLIC LIBRARY for the Parks Pass 2023: Discovering Parks Together project.

AWARD AGREEMENT NUMBER [PPP21-2-14]
This Award Agreement (“Agreement”) is entered into upon execution of this agreement by and between the California State Library (“State Library”) and NATIONAL CITY PUBLIC LIBRARY, (“Grantee”).

This Award Agreement pertains to Grantee’s State-funded Parks Pass 2023: Discovering Parks Together 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 $36,600 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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PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins on the date of execution of the Agreement by both parties, until February 29, 2024. 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 February 29, 2024 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 Parks Pass Grant.

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 DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACD

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the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.

D. Narrative and Financial Reports

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

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

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

Reporting Period Report Due Date
June - December Financial and Mid Project Program
Narrative Report Due
September 1,
2023
January – February
29, 2024
Final Financial Report, Expenditure Detail
Report and Final Program Narrative Report
Due
March 30, 2024

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

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

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

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

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

6. For grants over $20,000, 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. For grants $20,000 and under, in-full payments will be issued after execution of the grant agreement.

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 DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACD

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

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EXHIBIT A: TERMS and CONDITIONS

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

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

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

2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the Parks Pass 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:

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“Funding provided by the State of California.”
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 its 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: A1A51D5D-FF35-432D-A437-18081593AACD

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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:

NATIONAL CITY PUBLIC LIBRARY
Joyce Ryan
1401 National City Blvd.

National City, CA 91950
[email protected]

California State Library
Lisa Nowlain
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 DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACD

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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 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:

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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:
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 the Parks Pass 2023: Discovering Parks Together. 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 for grants over $20,000.

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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
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, but not limited to, the ten percent (10%) withhold for grants over $20,000, requiring the Grantee to forfeit the unexpended portion of the grant funds, 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) DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACD

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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 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.

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

30. 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.

31. 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.

32. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACD

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prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third- party rights. All such usages will be for public library and State governmental purposes:

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

33. 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 $5,000 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.

34. 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.

35. 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 DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACD

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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 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.

36. 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.

37. 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 DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACD

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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) g. All other attachments hereto, including any that are incorporated by reference.

38. 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. Ten percent (10%) will be withheld from the Payment Request (if applicable, for grants over $20,000) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee.

DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACD

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g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.

39. 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.

40. 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.

41. 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. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.

42. 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.

43. 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.

44. 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.

45. 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: A1A51D5D-FF35-432D-A437-18081593AACD

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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.

46. 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.

47. 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.

48. 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.

49. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library 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 grantee 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 mentioned dates for payment, and the California State Library agrees to DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACD

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reimburse the Library as soon thereafter as State fiscal procedures will permit.
d. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $32,940 upon execution of the agreement and submission of claim by the grantee organization. This payment will be in-full if the grant total is $20,000 or under, or 90% for grants over $20,000.
o If applicable, final 10% payment will be made upon approval of all final reports and receipt of claim form in the amount of $3,660.

50. 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.

51. 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.

52. 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, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.

53. 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 DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACD

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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.

54. 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.

55. 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.

56. 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 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.

57. 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.

DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACD

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58. 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 $5,000. 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.

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b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
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 Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)

8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, 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 DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACD

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the proposed contract within the 12-month period prior to his or her leaving state service.

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

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

Contract Code § 10430 (e)).

9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee 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.

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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.

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

Certification

ORGANIZATION
Name: Address (official and complete):

PROJECT COORDINATOR
Name:

Email: Phone:

GRANTTEE AUTHORIZED REPRESENTATIVE
Name: Title:

Email: Phone:

Signature: Date:

DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACD Joyce Ryan Library & Community Services Director
[email protected]

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Authorized Representative Signature

ORGANIZATION
Name: Address (official and complete):

AUTHROIZED REPRESENTATIVE
Signature: Date:

Printed Name of Person Signing: Title:

STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento CA 95814 Signature: Date:

Printed Name of Person Signing: Greg
Lucas
Title: California State Librarian

DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACD 3/21/2023
Library & Community Services DirectorJoyce Ryan

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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
$0.625 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.

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DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACD

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PARKS PASS PROGRAM

FINANCIAL CLAIM
1st PAYMENT

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

(Signature of the Authorized Representative)

(Print Name) (Title)

*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].

State of California, State Library Fiscal Office

ENY: 2021 ITEM NO: 6120-011-0001, Chapter 69, Statutes of 2021 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312
FAIN: N/A
By Date
(State Library Representative)

Grant Award #: PPP21-2-14 Date:

Invoice #:

PPP21-2-14-01 PO #:

Payee Name: National City Public Library
(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:

Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $32,940.00 Type of Payment:
(Payable Upon Execution of Agreement) ☒ PROGRESS
Grantee Name: National City Public Library ☐ FINAL (Name on Award Letter and Agreement) ☐ IN FULL
Project Title: Parks Pass Program ☐ AUGMENT
For Period From: upon execution to end of grant period
DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACD Joyce Ryan Library & Community Services Director

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STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)

CITY, STATE, ZIP CODE E-MAIL ADDRE SS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) CORPORATION (see instructions on page 2)☐ SOLE PROPRIETOR / INDIVIDUAL ☐ MEDICAL (e.g., dentistry, chiropractic, etc.)☐ SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ LEGAL (e.g., attorney services)
☐ EXEMPT (e.g., nonprofit)
☐ ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.

The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. •
•
•
•
•
•
For Individuals, enter SSN.

If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.

Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.

For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).

For Single Member LLC (disregarded entity), in which the s ole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.

For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.

Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ __
_ ___
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ __
_ ___ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)

☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No serv
ices performed in California
☐Copy of Fr
anchise Tax Board waiver of state withholding is attached.

Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.

Should my residency status change, I will promptly notify the state agency below.

NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITL E E-M AIL ADDRESS SI

GNATURE DATE TEL
EPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:

STATE AGENCY/DEPARTMENT OFFICE U NIT/SECTION
M

AILING ADDRESS F
AX T
ELEPHONE (include area code)

CITY S TATE Z IP CODE E -MAIL ADDRESS
Print Form
Reset Form
DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACD

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STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)

GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.

Prompt return of this fully completed form will prevent delays when processing payments.

Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).

NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.

A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.

Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).

Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subjec t to IRS TIN matching (when applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Si
ngle Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for t
he State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.

Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.

Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.

Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g. , services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the st ate provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax com pliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.

Section 4 – Payee Residency Status
Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
• A partnership is considered a resident partnership if it has a permanent place of business in California. •
A
n estate is a resident if the decedent was a California resident at time of death. •
A
trust is a resident if at least one trustee is a California resident. o
F
or individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.

F
or information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:

W
ithholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] F
or hearing impaired with TDD, call: 1-800-822-6268 Website:
www.ftb.ca.gov
Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signe e can provide a power of attorney documented for the individual.

Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.

Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.

All questions should be referred to the requesting state agency listed on the bottom front of this form.

DocuSign Envelope ID: A1A51D5D-FF35-432D-A437-18081593AACDPage 151 of 876 RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT THE PARKS PASS 2023 PROGRAM GRANT IN THE AMOUNT OF $36,600 FROM THE CALIFORNIA STATE LIBRARY

TO FUND LIBRARY PARKS PASS PROGRAMS AND AUTHORIZING THE ESTABLISHMENT OF A LIBRARY GRANTS FUND APPROPRIATION OF $3 6,600 AND CORRESPONDING REVENUE BUDGET.

WHEREAS, research shows that spending time in green space , such as parks , is associated with better mental and physical health, and proximity and lack of transportation are aspects of park access inequity; and
WHEREAS, California State Parks has partnered with the California State Library to promote access to California’s State Parks through the checkout of Parks Passes through libraries across the State of California, and has set aside funds to promote this program through grants awarded to libraries; and
WHEREAS, the California State Library had awarded the National City Public Library with a Parks Pass 2022 Program grant to fund materials, supplies, and transportation for patrons to two local California State Parks during Fiscal Year 2023; and WHEREAS, the California State Library has awarded the National City Public Library with an additional year of funding for the Parks Pass 2023 Program grant to fund materials, supplies, and transportation for patrons to local California State Park s during Fiscal Year 2023 and 2024; and
WHEREAS, City staff recommends a uthorizing the acceptance of the Parks Pass 2023 Program grant of $ 36,600 from the California State Library to fund library programs and establishing a Library Grant Fund appropriation of $36,600 and corresponding revenue budget.

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

Section 1: That the City Council hereby authorizes the acceptance of the Parks Pass 2023 Program grant funds from the California State Library in the amount of $ 36,600 to fund library programs and authorizes the establishment of a Library Grant Fund appropriation of $36,600 and corresponding revenue budget.

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.

PASSED and ADOPTED this 18th day of April, 2023.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Engineering
Prepared by: Tirza Gonzales, Management Analyst II
Meeting Date: Tuesday, April 18, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Authorize the Purchase of a Riding Mower for Public Works Parks Division

RECOMMENDATION:

Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing Waiving the Formal Bid Process Pursuant to National City Municipal Code Section

2.60.260 regarding Cooperative Purchasing and A uthorizing the City to Piggyback onto Sourcewell Contract #031121 -TTC with Turf Star Western for the purchase one (1) Groundsmaster 3200 24HP 2WD Riding Mower in a Not-to-Exceed Amount of $28,000 for the Public Works Parks Divisi on and Authorizing the City Manager to A pprove Adjustments to the Not-to-Exceed Amount for the Purchase of up to $2,800 as a 10% Contingency for Unforeseen Fluctuations in Pricing.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Public Works Parks Division utilizes riding mowers for maintenance of parks and medians citywide. The current riding mower has been in service for ten (10) years and has exceeded its useful life of six (6) years and is scheduled to be replaced. Staff is requesting the approval of the purchase of one (1) Groundsmaster 3200 24HP 2WD Riding Mower in a not -to-exceed amount of $28,000, and authorization for the City Manager to approve adjustments to the not -to-exceed amount for the purchase of up to $2 ,800 as a 10% contingency for unforeseen fluctuations in pricing. Consistent with Section 2.60.260 of the National City Municipal Code (NCMC) regarding cooperative purchasing, there is an opportunity to piggyback onto the Sourcewell Contract #031121-TTC with Turf Star Western to allow for the purchase.

NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding b y another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase.

National City’s Purchasing staff has confirmed that the Sourcewell Contract #031121 -TTC with Turf Star Western was competitively bid through a Request for Proposals (RFP) process, and that

Page 153 of 876 ends

the State of California Department of General Services procurement procedures are in substantial compliance with those of National City.

FINANCIAL STATEMENT:

Funding for this purchase in the amount of $35,000 was approved through adoption of the FY23 annual budget. No additional appropriations would be necessary should some portion of the contingency amount be necessary to complete the purchase of the riding mower. 644-416-227-511-0000: $28,000

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Transportation Choices and Infrastructure

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Turf Star Western Quote
Exhibit B - Sourcewell Contract # 031121-TTC
Exhibit C - Resolution

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EXHIBIT A

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Page 162 of 876 ends

National City City CouncilApril 18, 2023

National City City Council
April 18, 2023