Agenda packet, regular meeting — National City City Council, August 15, 2023 (part 2 of 4)

AWARD CONTINUATION
SHEET
Grant
PAGE 11 OF
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252

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

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

Compliance with general appropriations-law restrictions on the use of federal funds (FY 2020) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY20AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.

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

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

24. 25.

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Grant
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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252

SPECIAL CONDITIONS
Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.

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

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

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252

SPECIAL CONDITIONS
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.

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

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ

If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

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Grant
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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252

SPECIAL CONDITIONS
Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement: information-communication restrictions; unallowable costs; notification

1. If the recipient is a "State," a local government, or a "public" institution of higher education:

A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded wholly or partly with award funds is subject to any "information-communication restriction."

B. Also, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient, at any tier, described in par. 1.A of this condition) that would be reimbursed wholly or partly with award funds was subject to any information-communication restriction.

C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) described in par. 1.A of this condition, is in compliance with the award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: information-communication restrictions; ongoing compliance."

D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient (at any tier) described in par. 1.A of this condition, may be subject to any information- communication restriction. Also, any subaward (at any tier) to a subrecipient described in paragraph 1.A of this condition must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information-communication restriction.

2. Any subaward (at any tier) to a subrecipient described in par. 1.A of this condition must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information- communication restriction.

3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... information- communication restrictions; ongoing compliance" award condition.

4. Rules of Construction

A. For purposes of this condition "information-communication restriction" has the meaning set out in the "Noninterference ... information-communication restrictions; ongoing compliance" condition.

B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... information- communication restrictions; ongoing compliance" condition are incorporated by reference as though set forth here in full.

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AWARD CONTINUATION
SHEET
Grant
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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252

SPECIAL CONDITIONS
Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement:
information-communication restrictions; unallowable costs; notification

1. If the recipient is a "State," a local government, or a "public" institution of higher education:

A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information-communication restriction."

B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient, at any tier, described in paragraph 1.A of this condition) that would be reimbursed in whole or in part with award funds was subject to any information-communication restriction.

C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) described in paragraph 1.A of this condition, is in compliance with the award condition entitled "No use of funds to interfere with federal law enforcement: information-communication restrictions; ongoing compliance."

D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient (at any tier) described in paragraph 1.A of this condition, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a subrecipient described in paragraph

1.A of this condition must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information-communication restriction.

2. Any subaward (at any tier) to a subrecipient described in paragraph 1.A of this condition must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information-communication restriction.

3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "No use of funds to interfere … information-communication restrictions; ongoing compliance" award condition.

4. Rules of Construction

A. For purposes of this condition "information-communication restriction" has the meaning set out in the "No use of funds to interfere ... information-communication restrictions; ongoing compliance" condition.

B. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere ... information-communication restrictions; ongoing compliance" condition are incorporated by reference as though set forth here in full.

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AWARD CONTINUATION
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Grant
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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252

SPECIAL CONDITIONS
Noninterference (within the funded "program or activity") with federal law enforcement: information-communication restrictions; ongoing compliance

1. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, - agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status to/from DHS; or (2) a government entity or -agency from sending, requesting or receiving, or exchanging information regarding immigration status to/from/with DHS, or from maintaining such information. Any prohibition (or restriction) that violates this condition is an "information- communication restriction" under this award.

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

3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition.

4. Rules of Construction

A. For purposes of this condition:

(1) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe.

(2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.")

(3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).

(4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa.

(5) “DHS” means the U.S. Department of Homeland Security.

B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law.

IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252

SPECIAL CONDITIONS
No use of funds to interfere with federal law enforcement: information-communication restrictions; ongoing compliance

1. Throughout the period of performance, no State or local government entity, -agency, or -official may use funds under this award (including under any subaward, at any tier) to prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status to/from DHS; or (2) a government entity or -agency from sending, requesting or receiving, or exchanging information regarding immigration status to/from/with DHS, or from maintaining such information. Any prohibition (or restriction) that violates this condition is an "information-communication restriction" under this award.

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

4. Rules of Construction

A. For purposes of this condition:

(1) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe.

(3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).

(5) “DHS” means the U.S. Department of Homeland Security.

IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252

SPECIAL CONDITIONS
Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law-enforcement-sensitive information

SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier).

1. Noninterference: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield

Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).

2. Monitoring

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

3. Allowable costs

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

4. Rules of construction

A. For purposes of this condition--

(1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3));

(2) the term "federal law-enforcement information" means law-enforcement-sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity;

(3) the term "law-enforcement-sensitive information" means records or information compiled for any law- enforcement purpose; and

(4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity.

B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: information-communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full.

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AWARD CONTINUATION
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Grant
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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252

SPECIAL CONDITIONS
No use of funds to interfere with federal law enforcement: No public disclosure of certain law-enforcement-sensitive information

SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier).

1. No use of funds to interfere: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield

Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no funds under this award may be used to make any public disclosure of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).

2. Monitoring

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

3. Allowable costs

4. Rules of construction

A. For purposes of this condition--

(1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3));

(3) the term "law-enforcement-sensitive information" means records or information compiled for any law- enforcement purpose; and

(4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity.

B. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere with federal law enforcement: information-communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full.

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Grant
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Department of Justice (DOJ)
Office of Justice Programs
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AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252

SPECIAL CONDITIONS
Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release

SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier.

1. Noninterference with "removal" process: Notice of scheduled release date and time

Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or local government entity, -agency, or -official (including a government-contracted correctional facility) may interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government- contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice.

2. Monitoring

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

3. Allowable costs

4. Rules of construction

A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released.

B. Applicability

(1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable.

(2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention.

C. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full.

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Grant
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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252

SPECIAL CONDITIONS
No use of funds to interfere with federal law enforcement: Notice of scheduled release

SCOPE. This condition applies as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier.

1. No use of funds to interfere with "removal" process: Notice of scheduled release date and time

Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- no State or local government entity, -agency, or - official (including a government-contracted correctional facility) may use funds under this award to interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government-contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice.

2. Monitoring

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

3. Allowable costs

4. Rules of construction

B. Applicability

C. Both the "Rules of Construction" and the "Important Note" set out in the "No use of funds to interfere with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full.

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Grant
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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252

SPECIAL CONDITIONS
Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens

SCOPE. This condition applies with respect to the "program or activity" funded (wholly or partly) by this award, as of the date the recipient accepts the award, and throughout the rest of the award period of performance. Its provisions must be among those included in any subaward (at any tier).

1. Noninterference with statutory law enforcement access to correctional facilities

Consonant with federal law enforcement statutes and regulations--including 8 USC 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain” in the U.S., and 8 CFR 287.5(a), under which that power may be exercised "anywhere in or outside” the U.S.--within the funded program or activity, no State or local government entity, -agency, or - official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government-contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States."

2. Monitoring

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

3. Allowable costs

4. Rules of construction

A. For purposes of this condition:

(1) The term "alien" means what it means under sec. 101 of the Immigration and Nationality Act (INA) (8 USC 1101(a)(3)), except that, with respect to a juvenile offender, it means “criminal alien.”

(2) The term “juvenile offender” means what it means under 28 CFR 31.304(f) (as in effect on Jan. 1, 2020).

(3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of-

(a) conviction described in 8 USC 1227(a)(2), or

(b) conduct described in 8 USC 1227(a)(4).

(4) The term "conviction" means what it means under 8 USC 1101(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction" for purposes of this condition.)

(5) The term "correctional facility" means what it means under 34 USC 10251(a)(7)) as of January 1, 2020.

(6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that-

(a) is designed to prevent or to significantly delay or complicate, or

(b) has the effect of preventing or of significantly delaying or complicating.

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SPECIAL CONDITIONS

(7) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe.

(8) A "public" institution of higher education is one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.")

(9) "Program or activity" means what it means under 42 USC 2000d-4a.

IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

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AWARD CONTINUATION
SHEET
Grant
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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252

SPECIAL CONDITIONS
No use of funds to interfere with federal law enforcement: Interrogation of certain aliens

SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier).

1. No use of funds to interfere with statutory law enforcement access to correctional facilities

Consonant with federal law enforcement statutes and regulations -- including 8 USC 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 CFR 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- no State or local government entity, -agency, or -official may use funds under this award to interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government- contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States."

2. Monitoring

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

3. Allowable costs

4. Rules of construction

A. For purposes of this condition:

(1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (8 USC 1101(a)(3)), except that, with respect to a juvenile offender, it means “criminal alien.”

(2) The term “juvenile offender” means what it means under 28 CFR 31.304(f) (as in effect on Jan. 1, 2020).

(3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of—

(a) conviction described in 8 USC 1227(a)(2), or

(b) conduct described in 8 USC 1227(a)(4).

(4) The term "conviction" means what it means under 8 USC 1101(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction" for purposes of this condition.)

(5) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 USC 10251(a)(7)).

(6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that—

(a) is designed to prevent or to significantly delay or complicate, or

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SPECIAL CONDITIONS
(b) has the effect of preventing or of significantly delaying or complicating.

(7) "State" and "local government" include any agency or other entity thereof (including any public institution of higher education), but not any Indian tribe.

(8) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.")

(9) "Program or activity" means what it means under 42 USC 2000d-4a.

IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

Requirement to collect certain information from subrecipients

Except as provided in this condition, the recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent with document retention requirements, and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education.

Cooperating with OJP Monitoring

The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).

Required monitoring of subawards

The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.

41. 42.

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Grant
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SPECIAL CONDITIONS
Use of program income

Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.

Law enforcement task forces - required training

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

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

Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).

Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records".

In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.

44. 45.

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SPECIAL CONDITIONS
Compliance with National Environmental Policy Act and related statutes

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

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

The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:

a. New construction;

b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places;

c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;

d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and

e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.

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

Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.

Establishment of trust fund

If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.

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Grant
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Office of Justice Programs
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AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252

SPECIAL CONDITIONS
Prohibition on use of award funds for match under BVP program

JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.

Certification of body armor "mandatory wear" policies

If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.

Body armor - compliance with NIJ standards and other requirements

Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ topics/ technology/ body-armor/ pages/ safety-initiative.aspx.

Body armor - impact on eligibility for other program funds

The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5).

Reporting requirements

The recipient must submit quarterly Federal Financial Reports (SF-425) and annual performance reports through OJP's GMS (https:/ / grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.

Required data on law enforcement agency training

Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public.

49. 50.

51. 52.

53. 54.

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SPECIAL CONDITIONS
Expenditures prohibited without waiver

No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order.

JAG FY 2020 - Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2019 [BJA]

Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2019

The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2019), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.)

Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at- risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.

Use of funds for DNA testing; upload of DNA profiles

If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS.

No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA.

Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS.

Encouragement of submission of "success stories"

BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx.

55. 56.

57. 58.

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Grant
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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
AWARD DATE 09/19/2020PROJECT NUMBER 2020-DJ-BX-0252

SPECIAL CONDITIONS
Initial period of performance; requests for extension

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

Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA.

Withholding of funds: Required certification from the chief executive of the applicant government

The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition.

Withholding of funds: Program narrative

The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews and accepts, the program narrative for this award, and a Grant Adjustment Notice (GAN) has been issued to remove this condition.

Withholding of funds: NIBRS set-aside

The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and BJA reviews and accepts, a budget that clearly dedicates at least 3 percent of the total amount of the award to NIBRS compliance activities or documentation showing that the recipient has been certified as NIBRS compliant, and a Grant Adjustment Notice (GAN) has been issued to remove this condition.

Withholding of funds: Disclosure of pending applications

The recipient may not obligate, expend, or draw down any award funds until: (1) it has provided to the grant manager for this OJP award either an "applicant disclosure of pending applications" for federal funding or a specific affirmative statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed instructions in the program solicitation, (2) OJP has completed its review of the information provided and of any supplemental information it may request, (3) the recipient has made any adjustments to the award that OJP may require to prevent or eliminate any inappropriate duplication of funding (e.g., budget modification, project scope adjustment), (4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed in writing to any necessary reduction of the award amount in any amount sufficient to prevent duplication (as determined by OJP), and (5) a Grant Adjustment Notice has been issued to remove this condition.

59. 60.

61. 62.

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Memorandum To:

From:

Subject:

Washington, D.C. 20531
Orbin Terry, NEPA Coordinator
Incorporates NEPA Compliance in Further Developmental Stages for City of National City
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant.

The specified activities requiring environmental analysis are:

a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.

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

Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance.

Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
Official Grant File

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GRANT MANAGER'S MEMORANDUM, PT. I:

PROJECT SUMMARY

1. STAFF CONTACT (Name & telephone number)

PROJECT NUMBER

6. NAME & ADRESS OF SUBGRANTEE

7. PROGRAM PERIOD 8. BUDGET PERIOD

9. AMOUNT OF AWARD 10. DATE OF AWARD

11. SECOND YEAR'S BUDGET
2020-DJ-BX-0252

2. PROJECT DIRECTOR (Name, address & telephone number)

4. TITLE OF PROJECT

12. SECOND YEAR'S BUDGET AMOUNT

13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT

15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)

5. NAME & ADDRESS OF GRANTEE
Grant
This project is supported under FY20(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) Brad Raulston
City Manager
1243 National City Blvd.

National City, CA 91950-4302
(619) 336-4240
PAGE 11 OF
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs.

This JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information Elaine Vanlandingham
(202) 305-0034
OJP FORM 4000/2 (REV. 4-88)
FY 20 Local JAG Program
City of National City
1200 National City Blvd.

National City, CA 91950-4302
TO:10/01/2019 09/30/2021FROM: TO:10/01/2019 09/30/2021FROM:
09/19/2020 $ 18,650
3b. POMS CODE (SEE INSTRUCTIONS

ON REVERSE)
3a. TITLE OF THE PROGRAM
JAG Local: Eligible Allocation Amounts of Less than $25,000 Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance

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sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety. NCA/NCF

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RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF THE NATIONAL CITY POLICE DEPARTMENT’S GRANT A WARD IN THE AMOUNT OF $18,650 FROM THE 2020 EDWARD BYRNE

MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM TO PURCHASE PORTABLE

RADIOS FOR THE RADIO COMMUNICATION SYSTEM, AND AUTHORIZING THE

ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET

WHEREAS, the Justice Assistance Grant Program provides States and local governments with critical funding necessary to support a range of program areas, including, but not limited to, law enforcement, prosecution, court programs, prevention, and education programs: and

WHEREAS, the Office of Justice Programs Bureau of Justice Assistance and the U.S.

Department of Justice announced that the City of National City is eligible for a grant award of $18,650 from the Fiscal Year 2020 Edward Byrne Memorial Justice Assistance Grant (J AG) Program – Local Solicitation, for the purchase of portable radios for the radio communication system, subject to a withholding of 3% of the awarded grant for the National Incident -Based Reporting System compliance requirements as dictated by the grant; and

WHEREAS, the City is required to make the grant application available for review and public comment for no less than 30 days; and

WHEREAS, the JAG Program is a direct grant allocation program, and does not require the City to allocate any upfront costs or matching funds.

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 National City Police Department’s 2020 Edward Byrne Memorial Justice Assistance Grant Program award in the amount of $18,650 subject to a withholding of 3% of the awarded grant for the National Incident-Based Reporting System compliance requirements as dictated by the grant upon expiration of the 30 -day review and public comment period, and authorizes establishing an appropriation and associated revenue budget of $18,090 to purchase portable radios for the radio communication system.

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.

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PASSED and ADOPTED this 15th day of August, 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, August 15, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Three new MEA classifications, one revised classification, proposed salary schedules, and budget appropriations to fund stated salaries.

RECOMMENDATION:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Creating three (3) new job classifications, revising one existing job classification, amending the National City Municipal Employees Association (NCMEA) Salary Schedule , and authorizing budget appropriations to fund stated salaries.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

The Civil Service Commission approved the job descriptions for the three (3) new classifications and updating one existing classification at their meeting on July 12, 2023.

EXPLANATION:

Staff recommends approving the addition of the Public Works Crew Supervisor, Library Circulation Supervisor, and Fire Inspector I classifications to the National City Municipal Employees Association (NCMEA) Salary Schedule and updating the salary of the Fire Inspector II classification.

The three (3) new classifications were created to address their unique duties and responsibilities and to support the workforce sustainability of current and future service delivery in their respective departments. Once a new classification is approved by the Civil Service Commission, City Council is responsible for setting compensation for the classification. The salary range/steps for the new classifications were set to median as benchmarked against similar classifications in nearby public agencies. Each position will rece ive the 3% cost of living adjustment ( COLA) in early 2023 and 2024, in line with the rest of the NCMEA classifications.

The employees within the street and wastewater divisions of public works brought to the attention of HR that the current Senior Equipme nt Operators have been serving as division supervisors.

The job description and compensation range of the Senior Equipment Operator is that of a crew lead, not a supervisor who plans, directs, and supervises the work of the crews. After discussion with the department, it is not feasible for the Street & Wastewater Maintenance Superintendent to serve as supervisor for 18 employees and three different subdivisions of operations; streets, wastewater, and traffic painting.

The Civil Service Commission approved the new classification of Public Works Crew Supervisor that will serve over the three subdivisions within the Streets & Wastewater division. The intent is to phase out the three current classifications with ‘senior’ within Streets/Wastewater and replace

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with this new classification of Public Works Crew Supervisor. The total number of employees within the department will remain the same.

After multiple unsuccessful recruitments to fill the vacant Fire Inspector position, the new Fire Inspector I classification was created to allow for an entry-level, career advancement position with the intent to bring in staff earlier in their career to train and promote within. To distinguish the new Fire Inspector I classification from the existing Fire Inspector classification, the latter was retitled Fire Inspector II and the duties and responsibilities updated (see exhibit A). Setting the Fire Inspector I salary to the current day median, creates compaction with the Fire Inspector II and would not allow for a differential between the salaries to pay the required 5% minimum increase for a promotion. Therefore, staff is recommending increasing the Fire Inspector II salary by 5% to bring it to approximately median based on a regional salary survey.

If the proposed salary schedules are approved, the Library Circulation Supervisor will be filled by a reclassification of a current Senior Library Technician, which has already been approved by the Civil Service Commission. An open recruitment will be held for the Fire Inspector I. For the three Public Works Crew Supervisor positions, there will be an open recruitment and the two staff with Senior roles in the division will be able to apply for the promotional opportunity. If they do not apply or are not selected for the new ro le, they will remain in their existing classification, which will be phased out when they separate or retire from the City.

NCMEA is supportive of the new classifications, the revision to the existing classification, and the proposed salary schedule (exhibit B).

FINANCIAL STATEMENT:

The current Fiscal Year 2023/2024 Adopted Budget included appropriations to fund the Library Circulation Supervisor and Fire Inspector I classifications. New budget appropriations of $9,250 are requested to cover the 5% increase to the Fire Inspector II for the two existing staff in that classification. Staff is anticipating revenue will increase when the Fire Inspector I is hired. If that happens, revenue will be adjusted during a future quarterly budget update.

The FY24 adopted budget includes funding for three senior level classifications within the Streets & Wastewater Division. New appropriations are being requested to cover the difference between the current Senior classifications and the new Public Works Crew Supervisor salary range for each of the three positions, for a budget increase of $60,000, of which $40,000 will be paid by the General Fund and $20,000 from the Sewer Fund.

In total, the recommended action will increase General Fund appropriations by $49,250 and Sewer Fund appropriations by $20,000. These appropriations will be funded from unassigned fund balance.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Public Safety

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

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EXHIBITS:

Exhibit A – Proposed Job Classifications
Exhibit B – Proposed National City Municipal Employees Association (NCMEA) Salary Schedule Exhibit C – Resolution

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LIBRARY CIRCULATION

SUPERVISOR CITY OF NATIONAL CITY
CLASS SPECIFICATION Approved: July 12, 2023

DEFINITION

Under general direction from the City Librarian, directs, supervises, coordinates, and performs a wide variety of advanced technical and paraprofessional library support services related to patron assistance and circulation; demonstrates a full understanding of all applicable policies and procedures; outlines, assigns and determines work projects, ensures safe work practices; performs customer service duties.

DISTINGUISHING CHARACTERISTICS
Positions in this class perform paraprofessional-level duties in the City library and report to professional library staff. It is distinguished from the Librarian, which performs professional library duties supervising any assigned section of the library. It is further distinguished from the Senior Library Technician by the required knowledge gained through experience of the techniques and policies of patron assistance and the delivery of effective and efficient circulation desk services to the public within the library.

EXAMPLES OF TYPICAL DUTIES
The following duties and respons ibilities are representative of those typically performed by positions assigned to this classification. Any single positio n may not perform all of these duties and/or may perform similar related tasks not listed here.  Supervises, plans, assigns, schedules, reviews and participates in the circulation of a wide variety of library materials; assesses daily workflow and makes necessary assignments to ensure efficient and effective patron services; participates in the selection, motivation and evaluation of assigned staff and volunteers; monitors work activities to ensure safe work practices, work quality and accuracy; develops, implements, and maintains record keeping procedures and techniques.
 Applies local laws, codes, and regulations related to library services; assists in handling the more complex and difficult situations involving interpretation of regulations and operating procedures; keeps current on and implements new circulation technologies; prepares a variety of reports, including monthly Circulation written and statistical reports, and the lost and damaged materials report.
 Evaluates damaged materials and assesses charges; supervises and participates in the collection of library fees; coordinates collection agency referrals when necessary.  Participates in the development and implementation of policies and procedures; ensures appropriate training for assigned staff in all areas of work; identifies training opportunities and needs and makes recommendations to City Librarian.  Develops schedules and methods for performing assigned duties; maintains appropriate work records and documents; prepares statistical and analytical reports on operations as necessary.
 Responds to questions and concerns from patrons, the public, City staff and other agencies; provides information as appropriate and resolves service issues and complaints;

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Class Specification
Library Circulation Supervisor

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provides for regular communication between Circulation and other Library service areas; coordinates activities with other City staff.
 Establishes positive working relationships with representatives of community organizations, state/local agencies, City staff and the public.  Performs other related duties as required or assigned.

MINIMUM QUALIFICATIONS
Training and Experience: Any combination of education and experience tha t has provided the knowledge, skills and abilities necessary for the position will be qualifying. A typical way to obtain the required knowledge, skills, and abilities would be:

Graduation from high school or successful completion of a GED , AND six (6) years of recent clerical work experience at a Library Circulation Desk including either supervisory or progressively responsible experience ; OR an associate’s degree in a related field from an accredited college or university, AND four (4) years of the req uired Library Circulation Desk experience; OR a bachelor’s degree in a related field from an accredited college or university , AND two (2) years of the required Library Circulation Desk experience.

A certificate from a Library Technical Assistant or Libra ry Technology program may substitute for one year of the required Library Circulation Desk experience.

Highly Desirable: Bilingual fluency in English and Spanish.

Knowledge and Skills in : Current library methods, practices, resources, equipment and terminology, including circulation procedures; public relations and customer service techniques; automated library information systems; methods and techniques of supervision, training, and motivation; methods and techniques of scheduling work assignments; standard office practices and procedures, including the use of standard office equipment, record-keeping, arithmetic, computer applications and specialized library software; proper English, spelling and grammar; occupational hazards and standard safety practices.

Ability to: Plan, organize, direct and evaluate the work of subordinate staff; train, supervise and motivate subordinates in assigned areas of activity; deal effectively and tactfully with patrons and the public; operate specialized library information systems; identify problems related to circulation services and develop effective courses of action for their resolution; interpret, apply and explain library circulation po licies, procedures and systems; organize, prioritize and follow -up on work assignments; work independently and as part of a team; make sound decisions within established guidelines; analyze a complex issue, and develop and implement an appropriate response; follow written and oral directions; observe safety principles and work in a safe manner; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships.

License Required: Possession of a valid California Class C Driver’s License is required at time of appointment.

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PUBLIC WORKS CREW

SUPERVISOR

CITY OF NATIONAL CITY
CLASS SPECIFICATION Approved: July 12, 2023

DEFINITION
Under general direction, to plan, assign, direct, and inspect work of subordinates as well as participate in operating heavy, power-driven, or specialized street and sewer maintenance or construction equipment; performs incidental construction and manual labor as necessary; and performs related duties as required.

DISTINGUISHING CHARACTERISTICS
This position has primary supervisory responsibilities over Equipment Operators, Maintenance Workers, Street Sweeper Operators, or Traffic Painters. This position reports to a Street and Wastewater Maintenance Superintendent position in the Engineering & Public Works Department.

General (applies to all sections): Supervises and participates in the work of subordinates including determining work procedures, schedules, assigning duties, training, assisting in solving work problems, performance evaluations, discipline, enforcing City regulations and policies, and promoting work efficiency; monitors the quality and quantity of the work of subordinates by reviewing progress to determine if it is done properly and expeditiously; identifies problems in the quantity and quality of work and takes prompt and effective corrective action; identifies methods for meeting service demands through streamlining and improving work methods; ensures work tasks are performed in a safe manner; provides and ensures proper care and use of tools and equipment per guidelines; develops responsibility and teamwork among subordinates in the accomplishment of work tasks; responds to citizens’ inquiries and complaints promptly and courteously; maintains timesheets and records of work done and materials used through asset management program (Cityworks); assists in estimating personnel, equipment, and materials required for specific projects; assists and advises in the development of the sectional expenditure budget; organizes biweekly meetings, including safety topics; supervises the placement of traffic control at work sites, the use of protective garments, and monitors all required certifications to perform work assignments; and performs related work as required.

Streets section: Supervises maintenance, repair, and improvement of City streets, curbs, gutters, open channels (natural and lined waterways), and related right-of-ways improvements; oversees and operates heavy power-driven equipment, such as motor graders, dozers, large rollers, and similar types of equipment used in maintenance and construction work; operates specialized street maintenance equipment; supervises and assists in breaking up concrete, cutting and preparing streets for patches, filling or

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maintaining the City streets and other paved surfaces; oversees citywide quarterly streetlight check, excavations, back-filling trenches, street sweepers, and quality of life crews.

Wastewater section: Supervises the use of testing equipment to identify the presence of dangerous gases in manholes; oversees cleaning of underground pipes to clear debris such as grease, sand, roots, and rocks using hand tools, jet rodder, and mechanical rodding equipment; supervises and assists with cleaning and flushing catch basins, BMP’s, and culverts of debris assuring stormwater collection elements are capable of receiving and flowing properly; oversees the evaluation of underground systems through field observation and CCTV efforts; sets and collects charts from wastewater flow measurement equipment; assists in the development of equipment and material purchases for wastewater maintenance and repair; operates and maintains City pump stations.

Traffic Paint section:

Supervises and participates in the maintenance and repair of the City’s traffic pavement markings, signs, and curbs in the right-of-way; possesses a working knowledge of the MUTCD; assists the City’s Engineering Division with plan checking during project design; performs quality and conformance check of signs and paint work completed by contractors; supervises and participates in the removal of traffic lines using a grinder; oversees and paints traffic pavement markings, including stop bars, school crossings, and crosswalks by operating a flatbed truck with airless units on a self-propelled striping machine, airless spray gun, and stencils; oversees and paints City curbs and traffic directional stripes; ensures equipment is properly cleaned and maintained; utilizes post hole digger, shovels, digging bars, brooms, ladders, and other hand and power tools; oversees and fabricates, installs, and repairs City signs replacing defective, destroyed, or damaged traffic signs and placing new traffic signs to regulate, safeguard, and expedite traffic control and direction.

MINIMUM QUALIFICATIONS
Training 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: graduation from high school or successful completion of a GED; AND four (4) years of skilled public works maintenance, construction, or repair of streets and related right-of-ways improvements experience, INCLUDING extensive experience in equipment operation, and one (1) year of lead worker or supervisory experience.

Highly Desirable: One (1) year of sewer/wastewater, pavement, or traffic painting related work experience (based on section assignment).

Knowledge and Skills in: The functions, characteristics, and proper use and care of heavy, power-driven maintenance and construction equipment; safety methods and procedures; estimation of time and material costs; principles and methods of supervision; work scheduling and general short-range planning.

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Ability to: Select, supervise, train, and evaluate subordinates; inspect the work of subordinates; diagnose problems; oversee heavy equipment operation, power-driven construction equipment, and tools common to public works construction and maintenance trades are operated properly and safely; prepare and develop plans, specifications, and cost estimates; order materials and supplies; read, interpret, and work from blueprints, sketches, and construction drawings; prepare and monitor section budget; maintain records and prepare reports; communicate effectively with others in both oral and written forms.

LICENSES, CERTIFICATIONS, OR SPECIAL REQUIREMENTS
Possession of a valid California Class B driver’s license with air brakes and tanker endorsement is required at the time of appointment. Possession of a valid California Class A driver’s license is highly desirable.

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FIRE INSPECTOR I CITY OF NATIONAL CITY
CLASS SPECIFICATION Approved: July 12, 2023

DEFINITION
Under direct supervision, to perform fire safety inspections of commercial, industrial, public, and residential occupancies; to enforce federal, state, and local fire safety codes and ordinances; and perform related work as required.

DISTINGUISHING CHARACTERISTICS
This is the entry level classification in the fire inspector series. This incumbent typically has limited work experience and works under immediate supervision while learning job tasks, progressing to general supervision as procedures and processes of assigned area of responsibility are learned. The Fire Inspector I class is distinguished from the Fire Inspector II primarily by the level of supervision and oversight.

As experience is gained, assignments become more varied and complex and are performed with greater independence. Incumbents at this level usually perform most of the duties required of the positions at the journey Fire Inspector II level, but are not expected to function at the same skill level and usually exercise less independent discretion and judgment in matters related to work procedures and methods.

Performs fire safety inspections of schools, rest homes, residences, churches, industrial and commercial buildings, fire suppression systems, fire alarm/detection systems, hazardous materials, and processes; issues written notices requiring the elimination of fire hazards; inspects, posts, and issues hazard abatement notices; assists in the investigation of fires to determine origin and cause; testifies in court; photographs fire scenes; investigates and requires correction of violations of federal, state, and local codes and ordinances pertaining to fire prevention; may conduct fire prevention educational programs; keeps records of buildings inspected and action taken; may check building plans; provides technical information to the public concerning fire prevention; and perform re-inspections and other related duties as required.

• Graduation from high school or successful completion of a GED, AND one (1) year of experience in fire safety inspections in a municipality fire department as a fire inspector; AND some completed college courses in fire science, fire technology or a related field from an accredited college or university, or some completed California State Fire Marshal’s courses in fire inspection, prevention, education, or investigation; OR • Associate’s degree in fire science, fire technology or a related field from an accredited college or university; OR
• Graduation from high school or successful completion of a GED, AND two (2) years of public safety experience utilizing the California Fire and Building Code or associated codes enforced by the fire and building departments, or closely related experience.

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HIGHLY DESIRABLE: Completed California State Fire Marshal’s course(s) in fire inspection, prevention, education, or investigation.

Knowledge and Skills in: Federal, state, and local laws, codes, regulations, rules, and ordinances pertaining to fire prevention, safety, and hazardous materials; fire prevention; suppression theory; building materials; fire detection and extinguishing systems. Effective communication skills and techniques required for gathering, evaluating and transmitting information.

Ability to: Detect deficiencies in fire prevention and detection systems and to recommend corrective action; prepare reports; conduct public education; obtain cooperation in correcting fire hazards; understand and carry out oral and written instructions; communicate effectively; establish and maintain effective working relations with staff, general public, and vendors.

Operate a city vehicle while observing legal and defensive practices.

LICENSES, CERTIFICATIONS, OR SPECIAL REQUIREMENTS
Possession of a valid California Class C Driver’s License is required at the time of appointment.

License must be maintained during the entire term of employment in this job classification.

Possession of the following certificates are required at the time of appointment, P.C. 832 Powers of Arrest and CPR/First Aid certification. The following California State Fire Marshal courses are highly desirable: Fire Inspector 1A, 1B, 1C, and 1D, and Fire and Life Safety Educator 1A, 1B and 1C.

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FIRE INSPECTOR II CITY OF NATIONAL CITY
CLASS SPECIFICATION Approved: July 12, 2023

DEFINITION
Under general direction, to perform fire safety inspections of commercial, industrial, public, and residential occupancies; to enforce federal, state, and local fire safety codes and ordinances; and perform related work as required.

DISTINGUISHING CHARACTERISTICS
This is a journey-level classification in the fire inspector series. Positions classified at this level may be under filled with a Fire Inspector I in accordance with the City’s Career Advancement Program. Incumbents may be assigned lead worker responsibilities over Fire Inspector I’s. It is distinguished from the Fire Inspector I, which is an entry-level classification.

Performs fire safety inspections of schools, rest homes, residences, hospitals, churches, industrial and commercial buildings, fire suppression systems, fire alarm/detection systems, hazardous materials, and processes; issues written notices requiring the elimination of fire hazards; inspects, posts, and issues hazard abatement notices; conducts investigations of fires to determine origin and cause; acts as on-call fire investigator assists in the investigation of fires to determine origin and cause; testifies in court; photographs fire scenes; investigates and requires correction of violations of federal, state, and local codes and ordinances pertaining to fire prevention; may conduct fire prevention educational programs; keeps records of buildings inspected and action taken; may check building plans; provides technical information to the public concerning fire prevention; leads, trains, and reviews work of Fire Inspector I’s; and perform other related duties as required.

 Associate’s degree in fire science, fire technology or a related field from an accredited college or university, AND two (2) years of experience in fire safety inspections in a municipality fire department, or public safety experience utilizing the California Fire and Building Code or associated codes enforced by the fire and building departments, or closely related experience; OR
 Graduation from high school or successful completion of a GEDHigh School Diploma/GED, AND fourtwo (42) years of experience in fire safety inspections in a municipality fire department, or public safety experience utilizing the California Fire and Building Code or associated codes enforced by the fire and building departments, or closely related experience., supplemented by college courses and/or California State Fire Marshal’s courses in fire inspection/prevention and/or fire science technology;

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Or
one and a half (1½) years of fire safety inspection experience and an associate’s degree in fire science/technology in inspections or other public safety activities utilizing the California Fire and Building Code, and associated codes enforced by the Fire and Building departments.

Additional education may not be substituted for the minimum required two (2) years of experience.

HIGHLY DESIRABLE: Completed California State Fire Marshal’s certification(s) in fire inspection, prevention, education, or investigation.

Operate a city vehicle while observing legal and defensive practices.

LICENSES, CERTIFICATIONS, OR SPECIAL REQUIREMENTS
Possession of a valid California Class C Driver’s License is required at the time of appointment.

License must be maintained during the entire term of employment in this job classification.

Possession of the following certificates are required at the time of appointment, P.C. 832 Powers of Arrest, and CPR/First Aid certification, and California Fire Inspector level 1 certification...

The following California State Fire Marshal courseslasses certificates are highly desirable: Fire Inspector 1A, 1B, 1C, and 1D, and Fire Inspector 2AA, 2B, 2C, and 2D, Fire Investigator 1A, 1B and 1C, Fire and Life Safety Educator 1A, 1B and 1C..

Revised 05/1706/230

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CITY OF NATIONAL CITY

PROPOSED ADDITIONS TO NCMEA SALARY SCHEDULE

POSITION STEP HOURLY BIWEEKLY MONTHLY ANNUAL
EFFECTIVE JANUARY 2023

FIRE INSPECTOR I
A 32.11 2,568.73 5,565.58 66,786.99
B 33.71 2,697.17 5,843.86 70,126.34
C 35.40 2,832.03 6,136.05 73,632.65
D 37.17 2,973.63 6,442.86 77,314.29
E 39.03 3,122.31 6,765.00 81,180.00

LIBRARY CIRCULATION SUPERVISOR
A 27.32 2,185.45 4,735.13 56,821.59
B 28.68 2,294.72 4,971.89 59,662.67
C 30.12 2,409.45 5,220.48 62,645.80
D 31.62 2,529.93 5,481.51 65,778.10
E 33.21 2,656.42 5,755.58 69,067.00

PUBLIC WORKS CREW SUPERVISOR
A 38.03 3,042.04 6,591.08 79,092.97
B 39.93 3,194.14 6,920.63 83,047.62
C 41.92 3,353.85 7,266.67 87,200.00
D 44.02 3,521.54 7,630.00 91,560.00
E 46.22 3,697.62 8,011.50 96,138.00
EFFECTIVE JANUARY 2024, 3% increase

FIRE INSPECTOR I
A 33.07 2,645.79 5,732.55 68,790.60
B 34.73 2,778.08 6,019.18 72,230.13
C 36.46 2,916.99 6,320.14 75,841.63
D 38.29 3,062.84 6,636.14 79,633.71
E 40.20 3,215.98 6,967.95 83,615.40

LIBRARY CIRCULATION SUPERVISOR
A 28.14 2,251.01 4,877.19 58,526.24
B 29.54 2,363.56 5,121.05 61,452.55
C 31.02 2,481.74 5,377.10 64,525.18
D 32.57 2,605.82 5,645.95 67,751.44
E 34.20 2,736.12 5,928.25 71,139.01

PUBLIC WORKS CREW SUPERVISOR
A 39.17 3,133.30 6,788.81 81,465.76
B 41.12 3,289.96 7,128.25 85,539.05
C 43.18 3,454.46 7,484.67 89,816.00
D 45.34 3,627.18 7,858.90 94,306.80
E 47.61 3,808.54 8,251.85 99,022.14

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RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, CREATING THREE (3 ) NEW JOB CLASSIFICATIONS , REVISING ONE EXISTING JOB

CLASSIFICATION, AMENDING THE NATIONAL CITY MUNICIPAL EMPLOYEES

ASSOCIATION (NCMEA) SALARY SCHEDULE, AND AUTHORIZING BUDGET

APPROPRIATIONS TO FUND STATED SALARIES

WHEREAS, City staff recommends approving the addition of the Library Circulation Supervisor, Public Works Crew Supervisor, and Fire Inspector I classifications to the National City Municipal Employees Association (NCMEA) Salary Schedule; and

WHEREAS, the three (3) new classifications were created to address their unique duties and responsibilities and to support the workforce sustainability of current and future service delivery in their respective departments; and

WHEREAS, the Civil Service Commission of the City of National City approved the three new classifications and revision to one existing classification at their regular meeting on July 12, 2023; and

WHEREAS, City staff recommends setting the salaries of the three new classifications to the median of a r egional salary survey of comparable classifications in nearby public agencies; and

WHEREAS, City staff recommends approving the 3% cost of living adjustment (COLA) for the three new classifications to be effective the first full pay period of January 2024 , in line with all other NCMEA classifications; and

WHEREAS, the salary of the new Fire Inspector I will cause comp action with the Fire Inspector II salary; and

WHEREAS, City staff recommends increasing the salary steps of the Fire Inspector II by 5% effective August 22, 2023 to resolve the compaction; and

WHEREAS, the Library Circulation Supervisor will be filled through a Civil Service Commission approved reclassification of a current Senior Library Technician; and

WHEREAS, the Fire Inspector I and Public Works Crew Supervisor vacant positions will be filled through open recruitments; and
WHEREAS, in fiscal year 2024, no additional budget appropriations are necessary for the Library Circulation Supervisor and Fire Inspector I; and WHEREAS, in fiscal year 2024, additional General Fund budget appropriations of $9,250 are necessary for the Fire Inspector II and General Fund budget appropriations of $40,000 are necessary for the Public Works Crew Supervisor; and

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WHEREAS, in fiscal year 2024, additional Sewer Fund budget appropriations of $20,000 are necessary for the Public Works Crew Supervisor.

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 approves the new classifications of Library Circulation Supervisor, Public Works Crew Supervisor, Fire Inspector I, and revisions to Fire Inspector II.

Section 2: That the City Council hereby authorizes the amendment to the NCMEA Salary Schedule to add salary steps for the three new classifications and updating the salary steps of the Fire Inspector II.

Section 3: That the City Council hereby authorizes fiscal year 2024 budget appropriations of $49,250 in General Fund personnel services and $20,000 in Sewer Fund personnel services to fund new and amended salaries.

Section 4: 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 15th day of August, 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

SUBJECT:

Civil Service Rule II, Section 206A Amendment – Career Advancement

RECOMMENDATION:

Adopt the resolution entitled “Resolution of the City Council of the City of National City, California, amending the addendum to Rule II, Section 206A of the Civil Service Rules to allow for a career advanceable progression from Fire Inspector I to Fire Inspector II and Part-Time Call Taker to Part-Time Police Dispatcher.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

On January 10, 2023 and July 12, 2023 the National City Civil Service Commission voted unanimously to support the proposed amendment to Civil Service Rule II, Section 206A (exhibit A).

EXPLANATION:

City of National City Civil Service Rules (CSR) I, II and III allow for a Career Advancement program in the City’s classification and promotion system. As prescribed, the Career Advancement program allows the City to budget and classify certain positions at the journey level but recruit for and hire individuals at a trainee or entry level. Once the incumbent has the appropriate tenure, met the minimum qualifications of the journey level classification and has demonstrated competence, s/he is eligible to move up to the next level in the series, without competition until s/he reaches the journey level (or lower if the position is classified below the journey level). The job classifications that are eligible for the C areer Advancement program are outlined in the addendum to CSR II, Section 206A. There are currently f ive career advanceable series in the City: Junior Engineer -Civil to Assistant Engineer -Civil; Accountant Trainee to Accountant; Code Conformance Officer I to Code Conformance Officer II; Management Analyst Trainee to Management Analyst I/II, and Payroll Technician I to Payroll Technician II.

On January 10 , 20 23 and July 12, 2023 the National City Civil Service Commission voted unanimously to amend the addendum to Civil Service Rule II, Section 206A to allow for the inclusion of the part-time police dispatcher series and fire inspector series. As amended, the Part- Time Call Taker classification would be career advanceable to Part -Time Police Dispatcher and the Fire Inspector I classification would be career advanceable to Fire Inspector II.

FINANCIAL STATEMENT:

There is no direct fiscal impact associated with this item.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Public Safety

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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 – Civil Service Rule II, Section 206 Amendment Exhibit B – Resolution

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Civil Service Rule II – Classification of Positions

SECTION 206 – CAREER ADVANCEMENT: In an effort to provide for the recruitment, advancement and retention of capable employees, it shall be the policy of the Civil Service Commission to provide for appropriate classifications to implement “career advancement” training programs.

Through the career advancement program, when vacancies occur at or below journey-level in a career advanceable series, the Personnel Director shall have the authority to recruit and underfill the position at any of the lower level classes within the series. Upon gaining the experience and skills required for advancement, an incumbent underfilling a position shall become eligible for promotion to the higher levels in the series in succession until reaching the classified level of the position.

The career advancement program and applicable procedure will apply only to recognized career advancement classifications listed in the Addendum to this section of the Civil Service Rules. (10/06/09)

ADDENDUM TO CIVIL SERVICE RULE II
SECTION 206A – CAREER ADVANCEMENT

CAREER ADVANCEABLE SERIES

Entry Level Classification Promotional Opportunity

Engineering
Junior Engineer – Civil → Assistant Engineer – Civil

Fire
F i r e I n s p e c t o r I → Fire Inspector II

Fiscal
Accountant Trainee → Accountant
Payroll Technician I → Payroll Technician II

Inspection
Code Conformance Officer I → Code Conformance Officer II

Management
Management Analyst Trainee → Management Analyst I/II

Police
Part-Time Call Taker → Part-Time Police Dispatcher Page 208 of 556 RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, AMENDING THE ADDENDUM TO RULE II, SECTION 206A, OF THE CIVIL SERVICE RULES

TO ALLOW FOR A CAREER ADVANCEABLE PROGRESSION FROM FIRE INSPECTOR I TO

FIRE INSPECTOR II AND PART-TIME CALL TAKER TO PART-TIME POLICE DISPATCHER

WHEREAS, the City of National City Civil Service Rules I, II, and III allow for a Career Advancement program in the City’s classification and promotion system and allows the City to budget and classify certain positions at the journey level, but recruit for and hire i ndividuals at a trainee or entry level; and

WHEREAS, once the incumbent has the appropriate tenure, met the minimum qualifications of the journey level classification and has demonstrated competence, the employee is eligible to move up to the next level in the series without competition; and

WHEREAS, there are currently five career advanceable series in the City as reflected in addendum to Civil Service Rule II, Section 206A (exhibit A); and WHEREAS, on January 10, 2023 the Civil Service Commission of the City of National City voted unanimously to amend the addendum to Civil Service Rule II, Section 206A to allow for the inclusion of Part-Time Call Taker to career advance to Part-Time Police Dispatcher.

WHEREAS, on July 12, 2023 the Civil Service Commiss ion of the City of National City voted unanimously to amend the addendum to Civil Service Rule II, Section 206A to allow for the inclusion of the newly created Fire Inspector I to career advance to Fire Inspector II.

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 approves amending the addendum to Rule II, Section 206A of the Civil Service Rules to allow for a career advanceable progression from Fire Inspector I to Fire Inspector II and from Part-Time Call Taker to Part-Time Police Dispatcher.

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.

Page 209 of 556 ends

PASSED and ADOPTED this 15th day of August, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

Page 210 of 556 ends

AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, August 15, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Amending City Council Policy Nos. 101, 102, 103, 106, 113, 114, 116, 118, 119, and 120, with Minor Clean-Up.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Amending City Council Policy Nos. 101, 102, 103, 106, 113, 114, 116, 118, 119, and 120.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

As per Council Policy No. 101 the City Council Policy Manual should be reviewed on an annual basis and updated as necessary. In FY 2021 , a project team consisting of the Assistant City Manager, Assistant City Attorney and the current City Clerk completed a review of the City Council Policy Manual, a review that had not been completed in a number of years. Staff is returning with changes to ten (10) Council Policies th at required minor clean -up. The ten Council Policies presented for consideration are Council Policy Nos. 101, 102, 103, 106, 113, 114, 116, 118, 119 and 120.

Attached is a report with detailed staff recommendations regarding City Council Policy Nos. 101, 102, 103, 106, 113, 114, 116, 118, 119 and 120. The policies referred to are attached and redlined to highlight staff’s recommendations and any associated notes.

FINANCIAL STATEMENT:

Not Applicable.

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

Page 211 of 556 ends

EXHIBITS:

Exhibit A – Explanation and Staff Recommendations
Exhibit B – City Council Policy Manual #101 - Redline
Exhibit C – City Council Meeting Times #102 - Redline
Exhibit D – Special Council Meetings #103 - Redline
Exhibit E – Preparation of City Council Meeting Minutes #106 - Redline Exhibit F – Unauthorized Disclosure of Information Revealed in Closed Session #113 - Redline Exhibit G – Grant Review Policy #114 - Redline
Exhibit H – Procedures for Disclosure of Ex Parte Contacts #116 - Redline Exhibit I – City Council Attendance at Staff Level Working Groups #118 - Redline Exhibit J – Code of Ethics and Code for Elected Officials and Members of City Boards #119 - Redline
Exhibit K – Selection of Vice Mayor #120 – Redline
Exhibit L – Resolution

Page 212 of 556 ends

EXPLANATION
In FY 2021, a project team consisting of the Assistant City Manager, Assistant City Attorney and current City Clerk completed a review of the complete City Council Policy Manual. A cumulative staff review of the City Council Policy Manual has not been completed in a number of years. Staff brought forward a number of changes to the City Council Policy Manual which were approved by City Council at the October 5, 2021 City Council Meeting.

Staff is returning with changes to ten (10) City Council Policies: Policy Nos. 101, 102, 103, 106, 113, 114, 116, 118, 119, and 120.

Below is a high-level overview of the staff -recommended changes to the ten (10) Policies. The policies referred to are attached and redlined to highlight staff’s recommendations and any associated notes.

Clerical changes are included for consistency throughout the manual and follow the City style guides and procedures.

Prior Policy Amendments have been added to the end of each policy to provide a historical reference to prior changes made.

Staff Recommendations – High Level Review

City Council Policy #101
Grammatical cleanup in languages, and clarifying language added throughout policy.

Page 1 of 2 ends

3. Add in electronically in the second sentence before reproduced. Change the last sentence to read, The Resolution Number and date of adoption will notated on the last page of amended policy in the “Prior Policy Amendments” section and remove the rest.

Page 2 of 2 ends

6. Add after first sentence, The City Clerk’s Office shall retain the original adopted resolution and maintain a copy of the manual.

Page 2 of 2 ends

7. Add, City Clerk from bringing to the attention of the City before Council and remove attention.

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8. Remove City Clerk in first sentence and replace will with shall.

Page 2 of 2 ends

Listed are all historical amendments to this policy

City Council Policy #102
Grammatical cleanup in languages, and clarifying language added throughout policy.

Page 1 of 1 ends

add, the process describing

Page 1 of 1 ends

Page 213 of 556 ends

Listed all the historical amendments to this policy

City Council Policy #103 – REMOVE – Policy was combined with #102

City Council Policy #106
Grammatical cleanup in languages, and clarifying language added throughout policy.

Page 1 of 1 ends

Change 1st sentence to say, Commission and Committee after Board.

3rd Paragraph, 1st sentence, add in Committee after Commission.

4th Paragraph, 1st sentence, add in after post - the recording or webinar of the meeting within 24 hours of the meeting.

4th Paragraph, 2nd sentence, add in The City before Council and then add in will be posted once adopted by the City Council and delete the rest of the sentence.

4th Paragraph, last sentence, delete video and delete for a minimum of three years from the date of original posting and add according to the City’s most current Records Retention Schedule.

Prior Policy Amendments
Listed are all the historical amendments to this policy.

City Council Policy #11 3 – Unauthorized Disclosure of Information Revealed in Closed Session

Grammatical cleanup in languages, and clarifying language added throughout policy.

Prior Policy Amendments
Add in:

March 12, 1996 (Resolution No. 96-29) Establishing Policy June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147)

City Council Policy #114 – Grant Review Policy
Grammatical cleanup in languages, and clarifying language added throughout policy.

Page 1 of 2 ends

Delete 1st sentence under Procedures.

Related Policy References
Delete only sentence.

Prior Policy Amendments
Add in: February 13, 2001 (Resolution 2001-17)
June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147)
October 18, 2016 (Resolution No. 2016-168)

Page 214 of 556 ends

City Council Policy #116 – Procedures for Disclosure of Ex Parte Contacts Grammatical cleanup in languages, and clarifying language added throughout policy.

Page 1 of 2 ends

Add in after Commissions, and Committees,

Background
1st Paragraph, 1st sentence, add in Boards, Commission, or Committees,

Page 2 of 2 ends

Delete last sentence.

Page 2 of 2 ends

Add SB 1439

Prior Policy Amendments:

Add in: February 6, 2007 (Resolution No. 2007-19) Established Policy June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147)

City Council Policy #118
Grammatical cleanup in languages, and clarifying language added throughout policy.

Page 1 of 4 ends

1st Paragraph in 1st sentence, add California Government Code section 54950 et seq.

Prior Policy Amendments
Add previous amendments:

April 17, 2007 (Resolution No. 2007-75)
May 15, 2007 (Resolution No. 2007-104)
June 5, 2007 (Resolution No. 2007-120)
June 21, 2016 (Resolution No. 2016-102)_
September 6, 2016 (Resolution No. 2016-144)

City Council Policy #119
Grammatical cleanup in languages, and clarifying language added throughout policy.

Clerical and small grammar changes throughout the seven pages.

Related Policy References
Add after Ralph M. Brown Act, California Government Code section 54950 et. seq.

Prior Policy Amendments
Add: September 5, 2017 (Resolution No. 2017-181) – Establishing Policy September 4, 2018 (Resolution No. 2018-160)

City Council Policy #120
Grammatical cleanup in languages, and clarifying language added throughout policy.

Page 1 of 2 ends

Page 215 of 556 ends

#2 – add after Vice Mayor shall serve until the Mayor returns or is able to act. The Vice- Mayor….

Related Policy References
Add after California Government Cost Sections 36801 - 36802 Add after California Elections Code Sections 10262 – 10263

Add: Prior Policy Amendments:

November 20, 2018 (Resolution No. 2018-204)
September 19, 2000 (Resolution No. 2000-120)

Page 216 of 556 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
August 15, 2023

ADOPTED: July 14, 1987
POLICY # 101
TITLE: City Council Policy Manual
Background:

The City Council of the City of National City is charged with the responsibility of establishing municipal policies to guide the various functions of the City and, where necessary, to establish procedures by which functions are performed. Regulatory policies established by the City Council are usually adopted by ordinance and included in the Municipal Code, which establish the local laws. Other policies, however are also established, which by their nature, do not require adoption by ordinance. These poli cy statements adopted by resolution of the City Council need to be consolidated in a reference document for easy access.

Purpose
It is the purpose of this policy to establish procedures for the preparation, distribution and maintenance of Council policies and the “City Council Policy Manual.”

Policy

1. To establish a “City Council Policy Manual” which shall contain all City policy statements adopted by resolution of the City Council.

2. Generally, policy statements in the “City Council Policy Manual ” will include only such municipal matters for which the responsibility of decision is placed in the City Council by virtue of the Municipal Code, or specific ordinances, and resolutions.

3. All policy statements of the City Council shall be prepared in writi ng and approved by resolution. Once approved, policy statements will be electronically reproduced, distributed and included in the “ City Council Policy Manual .” The Resolution Number and date of adoption will be notated on the last page of amended policy in the “ Prior Policy Amendments” section.accompanied by the resolution number and date of adoption.

4. Each policy adopted as part of the City Council Policy shall be adhered to by City departments as expressions of the City Council’s Ppolicy. Only the City Council can waive the applicability of an adopted policy.

5. Each policy statement shall include: (a) a brief background description of a policy; (b) the purpose of the policy; (c) the policy statements; (d) other criteria or procedural sections as required; and (e) cross - reference notations as to appropriate provision in the Municipal Code, Administrative Regulations, etc.

Page 217 of 556 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
August 15, 2023

ADOPTED: July 14, 1987
POLICY # 101
TITLE: City Council Policy Manual

6. The City Manager shall be responsible for the preparation, continuing maintenance, and distribution of the “City Council Policy Ma nual” and additions or deletions thereto. The City Clerk’s Office shall retain the original adopted resolution and maintain a copy of the manual.

7. Each October, the City Council and City Manager shall review the “City Council Policy Manual” for any needed additions, deletions, or changes deemed appropriate at the time.

Nothing in this policy shall prevent any individual member of the Council, the City Manager, City Attorney, or the City Clerk from bringing to the attention of the City Councils’ attention any suggestions for manual revisions at other times during the year.

8. All newly- elected City Council Members, City Clerk, and City Treasurer will shall receive a copy of the City Council Policy Mmanual, and orientation from applicable department staff.

Related Policy References
None.

Prior Policy Amendments
None.

July 14, 1987 City Council Adopted Format and Text as Guide for Council Policy Manual – No Resolution was adopted.

June 11, 2013 (Revised – No Resolution)
October 8, 2013 (Resolution No. 2013-147)

Page 218 of 556 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 20, 2018
August 15, 2023

ADOPTED: April 7, 1981
POLICY # 102
TITLE: City Council Meeting Times
Purpose
To set for the R regular Mmeeting Sschedule and the process describing how meetings may be scheduled for and by the City Council.

Policy
A. Regular Mmeetings. The City Council shall hold Rregular Mmeetings on the first and third Tuesday of each month. The meetings shall be held in the Council Chamber of City Hall, 1243 National City Boulevard in the City of National City. The R regular Mmeeting shall begin at 6:00 p.m., or as otherwise scheduled due to the demand of business or for Closed Session.

1. Location of Mmeetings. The City Council may hold a Rregular Mmeeting, Sspecial Mmeeting, or Aadjourned Rregular or Sspecial meeting at another location within the City, or locations outside the jurisdiction of the City, provided appropriate notice is given pursuant to and the location of the meeting is consistent with the Ralph M. Brown Act (“Brown Act”) and current Legislation. This includes Teleconferencing.

2. Holidays or Eelections. In the event that the Rregular Mmeeting of the City Council falls on a legal holiday, or an E election Dday on which a National City candidate or National City measure appears on the ballot, no meeting will be held on such day. Any regular meeting may be dispensed with by a majority vote of the City Council.

B. All Rregular, Sspecial and A adjourned Mmeetings of the City Council shall be called, noticed and conducted in compliance with the Brown Act.

Related Policy References
National City M unicipal Code, Section 2.04.010

Prior Policy Amendments
July 17, 2001 (Resolution 2001- 101)
June 11, 2013 (Revised – No Resolution)
October 8, 2013 (Resolution No. 2013-147)
November 20, 2018 (Resolution No. 2018- 204)

Page 219 of 556 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: August 15, 2023

ADOPTED: January 6, 1987
POLICY # 103
TITLE: Special Council Meetings

Formatted: Font: Not Bold
June 11, 2013 City Council approved staff recommendation to delete Policy #103 and merge with Policy #102. No Resolution adopting this action – only found approval and City Council vote in City Council Meeting Minutes.

Purpose
To establish a policy for calling and setting the time for Special Meetings of the City Council so that all Councilm members are, to the extent possible, given the maximum opportunity to attend and to vote on key issues that are subject of Sspecial Mmeetings.

Policy
City Council m members shall be personally contacted and given a choice of three potential Special Meeting times so that a mutually satisfactory time can be arranged by the Council Secretary. City Manager’s Office.

Related Policy References
None.

Prior Policy Amendments
None.January 6, 1987

Page 220 of 556 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
August 15, 2023

ADOPTED: June 17, 1986
POLICY # 106
TITLE: Preparation of City Council Meeting Minutes

PURPOSE

To establish the format of the official minutes of the City Council (and all their subsidiary functions) and the disposition of video recordings of those proceedings.

POLICY

The meeting minutes will be "action only" minutes and will include the item title, staff recommendations, Board, Commission and Committee and Commission recommendations, the Council action and the vote.

Public Hearings will include a list of people speaking in favor and in opposition to the item for item under consideration.

The record of all items of business considered by the City Council (or their other subsidiary functions) shall consist solely of a brief title identifying each item of business, the recommendation of any Board, or Commission or Committee, the recommendation of staff, the motion made, and the vote taken. The record of that portion of the City Council meeting devoted to reports from the Mayor, the City Attorney, and the other staff shall consist of a brief description of the subject matter of the report and of any description, provided that the record or any part thereof shall be verbatim if so requested by a member of the City Council prior to approval of the minutes.

It is the goal of the City Clerk's Ooffice to post the recording or webinar of the meeting within 24 hours of the meeting. The City Council meeting minutes will be posted once adopted by the City Council. and video recordings on the City's website, within approximately two weeks of the meeting date; and to webcast the meetings whenever possible . Hard copies of the City Council meeting agendas and minutes will beare available in the City Clerk's Ooffice. Minutes and video recordings will be maintained on the City' s website for a minimum of three years from the date of original posting.according to the City’s most current Records Retention Schedule.

Related Policy References
None.

Prior Policy Amendments
June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147)

Page 221 of 556 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
August 15, 2023
ADOPTED: March 12, 1996
POLICY # 113
TITLE: Unauthorized Disclosure of Information Revealed in Closed Session
Purpose
To establish a policy to prevent the unauthorized disclosure of information revealed in Cclosed Ssessions of the City Council, and to provide remedies in the event of any such unauthorized disclosure.

Policy
No person present in a Cclosed Ssession shall disclose, outside of the Cclosed Ssession, any information revealed in such Cclosed Ssession, without the prior authorization of a majority of the City Council. Any violation of this policy may be enforced by one orf more of the following actions, as directed by a majority of the City Council:

1. Referral to the Office of the District Attorney for prosecution for violation of Government Code Section 1098.

2. Referral to the Office of the District Attorney for prosecution for violation of Government Code Section 1222.

3. Referral to the Office of the District Attorney for prosecution for violation of Government Code Section 3060.

4. Referral of a Ccouncil member who has willfully disclosed confidential information in violation Government Code section 54963 to the Ggrand Jjury.

5. Obtaining an injunction to prevent further unauthorized disclosure of information revealed in a Cclosed Ssession.

6. In the event an unauthorized disclosure is committed by a member of the City Council, that Councilmember may be censured by a majority vote of the City Council. Prior to imposing censure, the Councilmember subject to censure must first shall be provided ten (10) calendar days' notice of the City Council's intention to impose the censure, and be given an opportunity to respond to the proposed censure.

7. In the event an unauthorized disclosure is committed by a member of the City staff , that staff member may be subject to disciplinary action.

This policy shall not prohibit the making of a public report of actions taken in a Cclosed Ssession as required by Government Code Section 54957.1.

Related Policy References
City Council Policy #104

Page 222 of 556 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
August 15, 2023
ADOPTED: March 12, 1996
POLICY # 113
TITLE: Unauthorized Disclosure of Information Revealed in Closed Session
Government Codes 1098, 1222, 306, 54957.1, 54963
City Attorney Memorandum: Original Feb. 29, 1996. Revised Jan. 7, 2013 (attached)

Prior Policy Amendments:

None
March 12, 1996 (Resolution No. 96-29) Establishing Policy June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147)

Page 223 of 556 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
August 15, 2023
ADOPTED: March 12, 1996
POLICY # 113
TITLE: Unauthorized Disclosure of Information Revealed in Closed Session

=MEMORANDUM===

George H. Eiser, Ill Revised January 7, 2013
City Attorney Claudia G. Silva
City of National City City Attorney
February 29, 1996 City of National City

PUBLIC DISCLOSURE OF INFORMATION DISCUSSED IN
CLOSED SESSION: POSSIBLE REMEDIES

Prohibited by the Brown Act - Improper to Disclose
• A person cannot disclose information discussed in closed session without authorization of the City Council. Government Code section 54963.

Remedies under Government Code Section 54963
(c) Violation of this section may be addressed by the use of such remedies as are currently available by law, including, but not limited to:

(1) Injunctive relief to prevent the disclosure of confidential information prohibited by this section.

(2) Disciplinary action against an employee who has willfully disclosed confidential information in violation of this section.

(3) Referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to the grand jury."

City May Not Enact Criminal Ordinance
 California Attorney General has held that a city may not adopt an ordinance making it a misdemeanor for any person present during a closed session of the city council meeting to publicly disclose the substance of any discussion properly held during the session unless authorized by the city council. (76 Ops. Cal. Atty. Gen 289 (1993).)

Additional Possible State Law Violations
 Any current public officer or employee who willfully and knowingly discloses for pecuniary gain, to any other person, confidential information acquired by him or her in the course of his or her official duties, or uses any such information for the purpose

Page 224 of 556 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
August 15, 2023
ADOPTED: March 12, 1996
POLICY # 113
TITLE: Unauthorized Disclosure of Information Revealed in Closed Session
of pecuniary gain, is guilty of a misdemeanor. (Government Code §1098.)

 Every willful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency, is punishable as a misdemeanor. (Government Code §1222; Adler v. City Council of the City of Culver City (1960) 184 Cal. App. 2d 763, 7 Cal. Rptr. 805.)

 An accusation in writing against any officer of a district, county, or city, including any member of the governing board of personnel commission of a school district or any humane officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed. An accusation may not be presented without the concurrence of at least 12 grand jurors. (Government Code §3060.)

Injunction
 An injunction may be obtained to prevent future public disclosure of information discussed in closed session. (Government Code §54960; Sacramento Newspaper Guild v. Sacramento County Board of Supervisors (1968) 263 Cal. App. 2d 41, 69 Cal. Rptr. 480.)

Censure
 Although there is no specific statutory or case authority for censure of a city councilmember, one reported decision (Braun v City of Taft (1984) 154 Cal. App. 3d 332, 201 Cal. Rptr. 654 involved the censure of a councilmember by a city council for release of city documents claimed to be confidential. The court set aside the censure action, finding that the documents released were in fact not confidential. If censure for public release of information discussed in closed session is to be imposed, the city council should have previously adopted clear, unambiguous rules of conduct which specifically authorize censure for such conduct. The individual subject to censure must also have notice and the opportunity to be heard before the censure is imposed.

Under the First Amendment, censure is not appropriate for expansion of unpopular views, unless their expression substantially disrupts the council meeting. (Richard v.

City of Pasadena (1995) U.S. Dist. Ct. C.D. Cal.)

Page 225 of 556 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 18, 2016
August 15, 2023
ADOPTED: February 13, 2001
POLICY # 114
TITLE: Grant Review Policy
Purpose
Funds from federal, state, local, and private sources are important resources that need to be included in the City's financial plan. The following policy provides a framework for City-wide coordination of grant activities among departments, and an opportunity to determine the immediate and long -term financial consequences of accepting funding. This policy shall cover all departments of City government.

Policy
The City Manager's Office will act as a clearinghouse for all grant applications. Any City department intending to apply for funding from federal, state, local, or private sources shall obtain approval from the City Manager's Office in advance of filing any grant application.

Procedure
I. This shall be done by submitting the” “Grant Application” form which is available in the office of the City's designated Grant Coordinator. The City Manager's Office will review the "Ggrant Aapplications" form prior to submittal to ensure that proposals are coordinated with the City's existing programs, ensure that administrative reporting and evaluation requirements are adequately addressed by the requesting department, and evaluate the immediate and long - term financial consequences of the proposal. The City Manager's Office may request additional information or presentations from the requesting department.

II. After reviewing the department's request, the City Manager may, at his/ or her discretion, decide whether to approve the solicitation of outside funding. On a periodic basis, the City Manager or designee, will inform the City Council of any decisions approving solicitations of outside funding. On a case-by-case basis, the City Manager may also choose to refer an individual grant funding request to City Council for consideration.

III. For those grant proposals of outside funding that are allowed to go forwardapproved, the City Manager shall additionally determine at his/her discretion whether the grant or private funding request is best authored by City Staff or by other sources to include professional outside grant writers by the City Manager. If the decision is made to employ a private grant writer, a "Letter of Authorization" written authorization will be sent from the City Manager or designee to the outside grant writer so as to begin the grant application process. The City Manager shall approve all grant applications.

Related Policy References
“Grant Application” and Grant Process Flowchart are available from Grant Coordinator

Prior Policy Amendments:

None
'

Page 226 of 556 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 18, 2016
August 15, 2023
ADOPTED: February 13, 2001
POLICY # 114
TITLE: Grant Review Policy
February 13, 2001 (Resolution 2001-17)
June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147)
October 18, 2016 (Resolution No. 2016-168)

Page 227 of 556 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
August 15, 2023
ADOPTED: February 6, 2007
POLICY # 116
TITLE: Procedures for Disclosure of Ex Parte Contacts
Purpose
To establish a procedure, applicable to the City Council and all City Bboards, and cCommissions, and Committees, for the disclosure of ex parte contacts, and to require such disclosure as a matter of City policy.

Background
An "ex parte" contact or communication occurs when, prior to considering a matter on a public meeting agenda, a member or members of the City Council, or one of the City's boards Boards, Commission, or Committeesor commissions , receive information, whether oral, written, or otherwise, pertaining to that matter outside the public meeting.

In making certain types of decisions, typically dealing with an individual or an applicant for a permit, and applying rules or laws to a specific set of facts, the decision-making body is said to be acting in a "quasi-judicial" capacity. e.g., i.e., similarly to a court. Examples of quasi- judicial proceedings are applications for conditional use permits and variances, and personnel disciplinary matters.

In quasi-judicial proceedings, due process requires that the decision-maker be impartial and without bias. A personal interest or involvement in the outcome of such a matter or with any participants, which is unrelated to the merits, requires disqualification of the decision-maker.

As examples, appellate courts have found impermissible bias on the part of Ccity Ccouncilmembers in the following cases: Mennig v. City Council of the City of Culver City, (Ccity Ccouncil became personally embroiled in controversy over Ppolice Cchief’s termination); and Clark v. City of Hermosa Beach , (court held that a Ccouncilmember’s history of personal animosity to the applicants made him "not a disinterested, unbiased decision maker").

Considerations of due process in quasi-judicial proceedings also require that the decision not be made based upon information received outside of the administrative hearing. This concept is often referred to as the prohibition against ex parte contacts. For example, in Safeway Stores v. City of Burlingame, the court held that opponents of a proposed parking district did not receive a fair hearing where members of a city City Ccouncil held conversations with affected property owners outside the h earing and made trips to the area for the express purpose of making determinations of disputed facts. Similarly, in Jeffrey v. City of Salinas, a Ccouncilman talked with property owners concerning the advantages of a parking district and made a personal visit to the area. The court concluded that the Ccouncilman’s' vote should not be counted.

Fortunately, iIn the event an ex parte contact occurs, disqualification of the official making the contact can be avoided and "cured" by disclosure of the contact at the time of the Ppublic

Page 228 of 556 ends

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 8, 2013
August 15, 2023
ADOPTED: February 6, 2007
POLICY # 116
TITLE: Procedures for Disclosure of Ex Parte Contacts
hHearing. (Jeffrey v. City of Salinas). Therefore, if an ex parte contact occurs, it is of the utmost importance that the contact be disclosed.

Policy

1. Members of the City Council and of the City's Bboards, and cCommissions, and Committees shall keep a written record of all ex parte contacts, as that term is explained in this Policy.

2. At the time an agenda item is called, and prior to any discussion of the item, any member of the City Council or of a Bboard, or Ccommission, or Committee who has received an ex parte contact pertaining to that item shall disclose the occurrence of that ex parte contact on the public record.

3. City staff shall endeavor to inform all persons intending to appear before the City Council or any of the City's Bboards, C or commissions, or Committees of this Policy.

4. Under no circumstances shall a person make ex parte contacts with a majority of the members of the City Council or of the City's Bboards, C or c ommissions, or Committees in order to develop a consensus or a collective concurrence as to an item to be considered and/or acted upon by the City Council, Bboard, or cCommission, or Committee. Such conduct is violative ofviolates the Ralph M. Brown Act or SB 1439.

Related Policy References:

None.

Prior Policy Amendments:

None
February 6, 2007 (Resolution No. 2007-19) Established Policy June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147)

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: September 6, 2016
August 15, 2023
ADOPTED: June 21, 2016
POLICY # 118
TITLE: City Council Attendance at Staff Level Working Groups Background:

The City of National City operates under the Ccouncil-Mmanager form of government. The City C council is the legislative body that represents the community, is empowered to formulate Ccitywide policy, and can establish Bboards, Ccommittees, Ccommissions, and other groups. The Ccity Ccouncil is comprised of the Mmayor and four Ccouncilmembers.

The Ccity Mmanager is responsible for the administration of city affairs, day-to-day operations, implementation of council policies, and is the liaison between the Ccity Ccouncil and Ccity staff. On occasion and as needed, the Ccity Mmanager may form a working group of subject matter experts to assist in certain matters. Based on the city City Mmanager's responsibilities, the working group's need, establishment and composition is determined by the Ccity Mmanager. This type of working group is separate and distinct from a working group or other type of group which is formed by action of the City Council. This Policy is limited to City Manager formed working groups.

The lifespan of a working group can last anywhere between a few months to several years.

Such groups have a tendency to develop a quasi -permanent existence when the assigned task is accomplished, hence the need to disband or phase-out the working group once it has achieved its goal(s).

Staff working groups are intended to facilitate the development and completion of established goals and objectives. There may be instances when elected officials may have a particular interest in the subject of the working group and the City Manager may want to provide an opportunity for elected officials to attend the working group meeting(s).

Brown Act Applicability

City Council attendance at working group meetings must be done in compliance with the Brown Act, California Government Code section 54950 et seq. Generally, any appointed body created by formal action of the City Council is subject to the Brown Act. The Brown Act defines a legislative body to include:

A Ccommission, Ccommittee, Bboard, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: September 6, 2016
August 15, 2023
ADOPTED: June 21, 2016
POLICY # 118
TITLE: City Council Attendance at Staff Level Working Groups schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter. Government Code Section 54952(b).

The Brown Act applies to all groups created by formal action of the legislative body. This includes Bboards, Ccommissions, Ccommittees, volunteer groups, task forces, blue ribbon committees, and working groups.

Advisory committees (composed solely of Ccouncilmembers comprising less than a quorum) are not considered legislative bodies subject to the Brown Act unless they are standing committees. Standing committees are subject to the Brown Act. A standing committee (regardless of composition) is defined as having either: 1) a continuing subject matter jurisdiction; or, 2) a meeting schedule fixed by formal action of the legislative body. Accordingly, an advisory committee comprised solely of less than a quorum of the legislative body that serves a limited purpose for a limited time (temporary) is not subject to the Brown Act (commonly referred to as ad hoc committees).

Working groups created by staff and whose participants are determined by staff are not subject to the Brown Act. The legislative body must refrain from taking formal action which could be construed as formal action resulting in the creation of a Ccouncil committee. A body of a Ccity is "created" if the Ccity Ccouncil "'played a role' in bringing…'into existence' the…body." Californians Aware v. Joint Labor/Management Benefits Committee, 200 Cal.App.4th4th 972, 978 (2011). (Group was "created" by Ccity when the Ccity "played a role in bringing" the group into existence even though no formal action by Ccity to establish the group. Epstein v. Hollywood Entertainment District II Business Improvement District, 87 Cal.App. 4th4th 862 (2001)). In the event there is action taken that could be construed as creating a legislative body, such action in conjunction with the composition of a working group including various individuals (not limited to solely councilmembers) would result in the working group becoming a standing committee subject to the Brown Act.

Purpose
To establish a mechanism to determine the Ccouncilmember(s) who attend(s) a staff level working group meeting(s) and the length of time the member(s) would serve in such a role before a rotation, if any, when more than two members have indicated a desire to attend a staff-level working group.

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: September 6, 2016
August 15, 2023
ADOPTED: June 21, 2016
POLICY # 118
TITLE: City Council Attendance at Staff Level Working Groups Policy
The criteria in the order provided below will be used to determine which member(s) may attend staff-level working group meetings:

1. Position

2. Seniority

3. Availability

4. Desire

The duration for any one member to serve on an established staff-level working group is for a two (2) year period from date of determination.

Procedure

1. Based on the City Manager's responsibilities, the working group's need, establishment and composition is determined by the City Manager. When the City Manager makes a determination that the working group would benefit from the presence of a Ccouncilmember(s), a written request for attendance availability shall be directed to all members of the City Council.

To assist Councilmembers in determining if they have the availability and desire to participate, the request will include a description of the stated purpose of the working group, the anticipated meeting schedule, and the anticipated duration of the working group (if known). The request will also include a deadline for notification of interest.

2. If more than two (2) members o f the City Council seek to attend the working group meetings, the City Manager will determine attendees based on the criteria established by this policy.

The City Manager will send written notification to the full City Council of the Ccouncilmember(s) attending the working group.

3. Using the criteria established by this policy, the attendees will be rotated after a period of two (2) years if the working group is still in existence, following the same process of notification and selection outlined above. Any such rotation will respect the prohibition against serial meetings.

Related Policy References
City Council Policy #108
National City Municipal Code, Chapter 2.01
Government Code section 34851, et. seq.

Ralph M. Brown Act, California Government Code section 54950 et seq.

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: September 6, 2016
August 15, 2023
ADOPTED: June 21, 2016
POLICY # 118
TITLE: City Council Attendance at Staff Level Working Groups Rosenberg's Rules of Order

Prior Policy Amendments:

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: September 5, 2017
August 15, 2023
ADOPTED: September 4, 2018
POLICY # 119
TITLE: Code of Ethics and Conduct for Elected Officials, Council Appointed Officials and Members of City Boards, Commissions and Committees
I. PURPOSE

The City Council of the City of National City (“City”) has adopted a Code of Ethics and Conduct (“Code”) for all National City elected officials, council appointed officials, and members of the City’s Bboards, Ccommissions and Ccommittees, to assure public confidence in the integrity of local government and its effective and fair operation. The people of National City expect public officials, both elected and appointed, to comply with both the letter and the spirit of the laws of the State of California, the United States of America, and the Municipal Code and established policies of the City of National City affecting the operations of local government.

While it is not possible to anticipate and provide a rule of conduct and ethics for all situations that public officials may face, this Code of Ethics and Conduct is designed to provide a framework to guide public officials in their daily duties and describe the manner in which members should treat one another, staff, constituents, and others they come into contact with in representing the City of National City. The term “member” refers to any National City Eelected Oofficial, Ccouncil Aappointed Oofficial, and Mmember of any Ccity Bboard, Ccommission and Ccommittee established by the National City Municipal Code, Oordinance or Ppolicy.

The constant theme throughout the Code is “respect” and “civility”. Elected Officials experience large workloads and tremendous stress in making decisions that could impact thousands of lives. Despite these pressures, officials are called upon to exhibit civil and ethical behavior at all times. Demonstrating respect for each individual through words and actions is the standard that can help members to do the right thing in even the most difficult situations.

While it is understood that there are numerous federal and state laws that guide the ethical behavior of public officials, the City wishes to establish that this is a community whose ethical values are clearly stated and fully understood by its members to represent the values this community holds in highest regard. The Code addresses various aspects related to the governance of the City and supplements, but does not supplant, other laws and rules that prescribe the legal responsibilities of City Officials. All persons covered by this Code will aspire to meet the highest ethical standards in the conduct of their responsibility as an Eelected or Aappointed Oofficial of the City of National City.

Members are expected to be familiar with these laws to ensure that they exercise their public responsibilities in a proper fashion, including, but not limited to the Federal and State Constitutions, various provisions of the California Government Code (such as the Brown Act and the Political Reform Act), the Labor Code, laws prohibiting discrimination and harassment, and the City of National City Municipal Code and Policies.

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

II. SCOPE

The provisions of this Code of Ethics and Conduct shall apply to the Mayor and Mmembers of the City Council, the Council Aappointed positions of City Manager and City Attorney, and to all members of the boardsBoards, Ccommissions, and Ccommittees appointed by the Mayor or the Mayor and City Council, established by the City of National City Municipal Code, Oordinance or Ppolicy, including any Aad-Hhoc Ccommittees.

III. POLICY

The City Council of the City of National City sets forth the following Code of Ethics and Conduct with the expectation that all National City Eelected Oofficials, Council Aappointed Oofficials, and, Cboard and cCommissions, and Committee Mmembers will incorporate the spirit of this document into their daily lives and will represent the community with the utmost integrity.

1. Use of Office. Public office shall be used for the public good and not for personal gain.

Recognizing that stewardship of the public interest must be their primary concern;, members will work for the common good of the people of the City of National City people of National City and not for any private or personal interest. Members will assure fair and equal treatment of all persons, claims and transactions coming before the Ccity Ccouncil, Bboards and cCommissions, and Committees.

2. Conduct. The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall treat other elected officials, Council Aappointed Oofficials, City Sstaff, Bboard, Ccommission and Ccommittee Mmembers, and the public with civility and respect. Harassment by any member for whatever motive is harmful to the environment desired by the City Agency and will not be permitted. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other Eelected Oofficials, Council Aappointed Oofficials, City Sstaff, Bboard, Ccommission and Ccommittee Mmembers, or the public. No physical or verbal actions that could be construed as threatening or bullying will be tolerated. Belligerent, personal, demeaning, intimidating, slanderous, threatening, abusive, or disparaging comments that affect the ability to work, conduct business, or take part in City Ggovernment are not consistent with the standards of civility and respect referenced in this policy and are unacceptable.

3. Role Models. Members shall conduct themselves in a way that brings pride to the community and not in a way that brings disdain, embarrassment, or mockery. Members

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

4. Positive Work Place Environment. Members shall support the maintenance of a positive and constructive work place environment for City employees and for residents and businesses dealing with the CityAgency. Members shall recognize their special role in dealings with Ccity Eemployees to in no way create the perception of inappropriate direction to Sstaff.

5. Respect for Process. Members shall perform their duties in accordance with the processes and rules of order established by the City Council, and Bboard, Ccommissions and Ccommittees governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of City Council policy decisions by City Sstaff.

6. Communication. Members shall publicly disclose substantive information that is relevant to a matter under consideration by the City Council or Bboards, Ccommissions and Ccommittees, which they may have received from source outside of the public decision- making process.

7. Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest, or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest. In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and they shall abstain from participating in deliberations and decision-making where conflicts may exist.

8. Gifts and Favors. Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office that are not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or a ction or give the appearance of being compromised.

9. Confidential Information. Members shall respect the confidentiality of information concerning the property, personnel or affairs of the city. They shall neither disclose confidential information without p roper legal authorization, nor use such information to advance their personal, financial or other private interests.

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

10. Use of Public Resources. Members shall not use public resources not available to the public in general, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.

11. Advocacy. Members shall represent the official policies or positions of the City Council, board, commission or committee to the best of their ability when representing that body or the City of National City. When presenting their individual opinions and positions, members shall explicitly state that they do not represent their body or the City of National City, nor will they allow the inference that they do. Elected officials , and Bboard, Ccommission, and Ccommittee members have the right to endorse candidates for all council seats or other elected offices. It is inappropriate to mention or display endorsements during Council meetings, Bboard, C /commission and /Ccommittee meetings, or other official City Mmeetings.

12. Policy Role. Members shall respect and adhere to the council -manager structure of government of the City of National City as outlined in the National City Municipal Code and shall not interfere with the administrative functions of the City or the professional duties of City staff. In this structure, the Ccity Ccouncil determines the policies of the City with the advice, information and analysis provided by the public, Bboards, cCommissions, and cCommittees, and City staff. Except as provided by the National City Municipal Code, members shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions.

13. Independence of Boards, Commissions and Committees. Because of the value of the independent advice of boards, commissions and committees to the public decision- making process, members shall refrain from using their position to unduly influence the deliberations or outcomes of such proceedings.

IV. IMPLEMENTATION AND ENFORCEMENT

This Code of Ethics and Conduct is an expectation of all members entrusted to public service and will be included in the orientations for all Eelected Oofficials, Council Aappointed Oofficials, and Mmembers of Bboards, Ccommissions and Ccommittees.

The City Council may impose sanctions on Mmembers whose conduct is not in compliance with the ethical standards as set forth. Those sanctions may include, but are not limited to: reprimand,

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

Retaliation for reporting violations of this Code, for seeking to have prohibited conduct corrected, or for participating in an investigation is prohibited.

An annual review of the Code shall be conducted to ensure that the Code is an effective and vital document.

This policy shall in no way be construed to restrict any type of constitutionally protected speech or activities.

V. ETHICS TRAINING – AB1234

Effective January 1, 2006, California State law (AB 1234) requires, among other things, that local officials that receive compensation, salary, stipends, or expense reimbursements must receive training in public service ethics laws and principles every two years. The requirement applies not only to the governing body of a local agency, but also Boards, Ccommissions, and C committees, board, or other local agency bodies, whether permanent or temporary, decision -making or advisory.

To help local officials meet their ethics training requirements, the City of National City conducts bi-annual training. Additionally, the Institute for Local Government and the Fair Political Practices Commission have developed the ethics training course available on their website. The course has been approved by the Attorney General’s Office and Fair Political Practices Commission (FPPC).

How to File a Complaint:

 Conflict of Interest, financial or campaign disclosures  California Fair Political Practices Commission (FPPC)  Phone: 916-322-5660
 Criminal
 San Diego County District Attorney’s Office
Phone: 619-531-4040
 State of California Office of the Attorney General, Public Inquiry Unit Phone: 800-952-5225

VI. GLOSSARY OF TERMS

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

censure A formal statement or resolution by the City Council officially reprimanding a National City Eelected Oofficial, City Ccouncil Aappointed Oofficial, or Mmember of any Ccity Bboard,
Ccommission, and Ccommittee.

civility Politeness, consideration, courtesy.

conduct The way one acts; personal behavior.

council-manager Under this structure, residents elect a governing body, including a structure of gov’t chief elected official, such as a mayor or board chairman, to adopt legislation and set policy. The governing body then hires a manager or administrator with broad executive authority to carry out those policies and oversee the local government’s day-to-day operations.

courtesy Politeness connected with kindness.

ethics The moral principles or philosophy that govern a person’s behavior or the conducting activity.

manners A way of acting; a style, method, or form; the way in which things are done.

member Any National City Eelected Oofficial, City C council Aappointed Oofficial, and Mmember of any Ccity Bboard, Ccommission, and Ccommittee established by the National City Municipal Code, Ordinance or Policy, including Ad-Hoc Committees

impropriety A failure to observe standards or show dishonesty, improper language, behavior or character.

respect The act of noticing with attention; holding in esteem; courteous regard.

retaliation The act of seeking revenge upon another.

sanction A form of punishment that can be used if someone disobeys a rule or law bringing disrespect to public office.

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

values A person’s principles or standards of behavior; one’s judgment of what is important in life. Also refers to National City’s Core Values wherein members pledge to provide (1) Commitment – We strive for excellence, as we serve the public and each other with integrity, compassion, responsiveness, and professionalism; (2) Customer Service – We provide excellent service to residents, businesses, visitors, and colleagues; (3) Courtesy – We treat everyone with dignity and respect; (4) Communication – We communicate openly, honestly, and with clear, consistent messages; and (5) Collaboration – We work to achieve common goals and value our differences.

Related Policy References
 National City Municipal Code
 California Government Code section 34851, et. seq.
 Ralph M. Brown Act, California Government Code section 54950 et seq.  Rosenberg’s Rules of Order
 City Council Policy #104 – Conduct of City Council Meetings  City Council Policy #108 – City Manager as Chief Administrative Officer  City Council Policy #601 – Employer-Employee Relations  City Council Policy #604 – Harassment and Discrimination  City Council Policy #605 – Workplace Violence and Security

Prior Policy Amendments
None.

September 5, 2017 (Resolution No. 2017-181) - Establishing Policy September 4, 2018 (Resolution No. 2018-160)

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: September 19, 2000
August 15, 2023
ADOPTED: November 20, 2018
POLICY # 120
TITLE: Selection of Vice Mayor

PURPOSE
In order to provide every member of the City Council with an opportunity to serve as Vice- Mayor, it is the policy of the City Council that selection be made on the basis of the length of time that a member has served on the City Council, and whether or not the member has previously had the opportunity to serve.

POLICY
It is the policy of the City Council of the City of National City that the position of Vice-Mayor shall be rotated among the Councilmembers so that each Councilmember serves one (1) year as Vice- Mayor during his/her their four (4) year term. The City Council shall select the Vice- Mayor in accordance with the procedure set forth herein.

1. As a Ggeneral Llaw Ccity, selection of the Vice- Mayor is governed by Sections 36801 and 34905 of the California Government Code.

Section 36801 provides:

The Ccity Ccouncil shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore. [Referred to as the “Vvice- Mmayor” in National City.]

Because National City has a directly- elected Mayor, pursuant to Title 4, Division 2, Article 3 of the Government Code, the provisions of Section 36801 pertaining to the City Council selecting the Mayor do not apply; the Council selects only the Vice- Mayor.

2. The Vice- Mayor shall have the powers and duties as specified in Government Code Section 36802, which provides that the Mayor shall preside at the meetings of the City Council and that if the Mayor is absent or unable to act, the Vice- Mayor shall serve until the Mayor returns or is able to act. The Vice-Mayor has all of the powers and duties of the Mayor.

3. The term of Vice - Mayor shall be for one - year and, in accordance with Government Code Section 36801, selection of the Vice - Mayor shall occur upon certification of the election results. For purposes of this policy, the election assumes the general election held in November and Ccertification of the Eelection

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: September 19, 2000
August 15, 2023
ADOPTED: November 20, 2018
POLICY # 120
TITLE: Selection of Vice Mayor
results generally occurring in December.

4. The Vice- Mayor shall be the Councilmember with the most seniority who has not been Vice- Mayor in the last three (3) consecutive years. In the event two (2) or more Councilmembers have equal seniority and have not been Vice- Mayor in the last three (3) consecutive years, the Councilmember with the most votes in their last regular general election shall serve as Vice- Mayor.

5. In the event of a vacancy on the City Council that is filled by appointment, the appointee shall not be included in the rotation for Vice- Mayor during the appointed term of office.

RELATED POLICY REFERENCES
California Government Code Sections 36801-36802
California Elections Code Sections 10262 - 10263

Prior Policy Amendments:

November 20, 2018 (Resolution No. 2018-204)
September 19, 2000 (Resolution No. 2000-120)

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RESOLUTION NO. 2024-

RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING CITY COUNCIL POLICY NOS. 101, 102, 103, 106, 113, 114, 116, 118, 119, AND 120
WHEREAS, the City of National City (“City”) City Council Policy requires an annual review of the City’s City Council Policy Manual; and
WHEREAS, having completed the annual review of the City’s City Council Policy Manual, City staff requests that the City Council authorize updates as presented to Policy Nos. 101, 102, 103, 106, 113, 114, 116, 118, 119, and 120.

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

Section 1: Authorizes updates as presented to be made to the following City Council Policies:

Policy No. 101 – City Council Policy Manual; and
Policy No. 102 – City Council Meeting Times; and
Policy No. 103 – Special Council Meetings; and
Policy No. 106 – Preparation of City Council Meeting Minutes; and Policy No. 113 – Unauthorized Disclosure of Information Revealed in Closed Session; and Policy No. 114 – Grant Review Policy; and
Policy No. 116 – Procedures for Disclosure of Ex Parte Contacts; and Policy No. 118 – City Council Attendance at Staff Level Working Groups; and Policy No. 119 – Code of Ethics and Conduct for Elected Officials, Council Appointed Officials and Members of City Boards, Commissions and Committees; and Policy No 120 – Selection of Vice-Mayor.

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

PASSED and ADOPTED this 15th day of August, 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 - Finance
Prepared by: Molly Brennan, Administrative Services Director Meeting Date: Tuesday, August 15, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Annual Update of Investment Policy, City Council Policy #203

RECOMMENDATION:

Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Adopting City Council Policy #203, “Investments,” as amended.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

City Council Policy #203, Investments, states, “the Investment Policy will be reviewed at least annually and, as necessary, adopted, to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends.”

After a review of the current policy, a few small adjustments are proposed to align National City’s policy with recent changes in state law, achieve consistent terminology, and correct language that was inadvertently modified in the previous update. Exhibit A is a redlined version of the policy that reflects all proposed updates. In addition, the updates and the recent legislation are listed below.

 Section VIII(4) and (11) Authorized and Suitable Investments . SB 974 (2016): The code change clarified the rating requirements for CP, MTNs, MPS, and Supranationals.  Section VIII(8) Authorized and Suitable Investments . SB 998 (2020): Added a provision that allows agencies to invest up to 40% in commercial paper if the AUM is > $100 million, which expires 01/01/2026 unless extended.
 Section IX(A). Portfolio Risk Management. SB 1489 (2022): Investments are prohibited to have a forward settlement > 45 days from the date of investment.  Section XII(B). Reporting and Review. SB 1489 (2022): Quarterly reporting is now required within 45 days, rather than 30 days.
 Section XII(C). Reporting and Review. Best practice to review annual investment policy within 120 days of fiscal year end.
 Glossary. SB 1489 (2022): Specifies the term to maturity is measured from the settlement date.
 Throughout. Replaced “designee” with “Financial Services Officer” to be consistent with section V.A.
 Throughout. Replaced “Director of Administrative Services” with “Administrative Services Director” to attain consistent terminology for the referenced position. Also in Section XXII(A), replaced “Director of Finance” with Administrative Services Director.”

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 Section VII I(1) Municipal Bonds. Restores the description of municipal bonds that are eligible for investment to that in use prior to the June 2022 update.

FINANCIAL STATEMENT:

The proposed policy changes will have no measurable impact on the City’s investment portfolio or returns.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Balanced Budget and Economic Development

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 – Council Policy #203, “Investments” Redlined Draft Exhibit B – Council Policy #203, “Investments” Clean Draft Exhibit C – Resolution

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: June 21,
2022August 15, 2023
ADOPTED: October 23, 1990
POLICY #203
TITLE: Investments
I. INTRODUCTION

The City of National City’s investment program will conform to federal, state, and other legal requirements, including California Government Code Sections 16429.1-16429.4, 53600- 53609, and 53630-53686. The following investment policy addresses the methods, procedures, and practices which must be exercised to ensure effective and judicious fiscal and investment management of the City’s funds. It is the policy of the City to invest public funds in a manner that will provide a market rate of return, given its requirements for preserving principal and meeting the daily cash flow demands of the City. All investments will comply with this Investment Policy and governing laws.

This Investment Policy replaces any previous Investment Policy or Investment Procedures of the City.

II. SCOPE

This Investment Policy applies to all the City’s financial assets and investment activities with the following exception(s):

Proceeds of debt issuance shall be invested in accordance with the City’s general investment philosophy as set forth in this policy; however, such proceeds are invested in accordance with permitted investment provisions of their specific bond indentures.

Pooling of Funds: Except for cash in certain restricted and special funds, the City will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration.

Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles.

III. GENERAL OBJECTIVES

The overriding objectives of the investment program are to preserve principal, provide sufficient liquidity, and manage investment risks.

1. Safety: Safety of principal is the foremost objective of the investment program.

Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk.

2. Liquidity: The investment portfolio will remain sufficiently liquid to meet all operating requirements

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: June 21,
2022August 15, 2023
ADOPTED: October 23, 1990
POLICY #203
TITLE: Investments

3. Return: The investment portfolio will be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints for safety and liquidity needs.

IV. PRUDENCE, INDEMNIFICATION, AND ETHICS

A. Prudent Investor Standard: Management of the City’s investments is governed by the Prudent Investor Standard as set forth in California Government Code Section 53600.3:

“…all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City. Within the limitations of this section and considering individual investments as part of a n overall strategy, investments may be acquired as authorized by law.”

B. Indemnification: The Administrative Services Director or City Manager designee , hereinafter designated as Financial Services Officer , and other authorized persons responsible for managing City funds, acting in accordance with written procedures and the Investment Policy and exercising due diligence, will be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported within 30 days and appropriate action is taken to control adverse developments.

C. Ethics: Officers and employees involved in the investment process will refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.

V. DELEGATION OF AUTHORITY

A. Authority to manage the City’s investment program is derived from California Government Code Section 53600 et seq. The City Council is responsible for the City’s cash management, including the administration of this Investment Policy. Management responsibility for the cash management of City funds is hereby delegated to the Administrative Services Director and/or Financial Services Officer.

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The Administrative Services Director or Financial Services Officer designee will be responsible for all transactions undertaken and will establish a system of procedures and controls to regulate the activities of subordinate employees.

B. The City may engage the services of one or more external investment managers to assist in the management of the City’s investment portfolio in a manner consistent with the City’s objectives. Such external managers may be granted discretion to purchase and sell investment securities in accordance with this Investment Policy. Such managers must be registered under the Investment Advisers Act of 1940.

VI. AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND BROKER/DEALERS

A list will be maintained of financial institutions and depositories authorized to provide investment services. In addition, a list will be maintained of approved security broker/dealers selected by conducting a process of due diligence described in the investment procedures manual. These may include “primary” dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule).

A. The City’s Administrative Services Director or Financial Services Officer designee will determine which financial institutions are authorized to provide investment services to the City. Institutions eligible to transact investment business with the City include:

1. Primary government dealers as designated by the Federal Reserve Bank;

2. Nationally or state-chartered banks;

3. The Federal Reserve Bank; and

4. Direct issuers of securities eligible for purchase.

B. Selection of financial institutions and broker/dealers authorized to engage in transactions with the City will be at the sole discretion of the City.

C . All financial institutions which desire to become qualified bidders for investment transactions (and which are not dealing only with the investment adviser) must supply the Administrative Services Director or designee with a statement certifying that the institution has reviewed California Government Code Section 53600 et seq. and the City’s Investment Policy.

D. Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the investment adviser.

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E. Public deposits will be made only in qualified public depositories as established by State law. Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law.

VII. DELIVERY, SAFEKEEPING AND CUSTODY, AND COMPETITIVE TRANSACTIONS

A. Delivery-versus-payment: Settlement of all investment transactions will be completed using standard delivery-vs.-payment procedures.

B. Third-party safekeeping: To protect against potential losses by collapse of individual securities dealers, and to enhance access to securities, interest payments and maturity proceeds, all securities owned by the City will be held in safekeeping by a third party bank custodian, acting as agent for the City under the terms of a custody agreement executed by the bank and the City.

C. Competitive transactions: All investment transactions will be conducted on a competitive basis which can be executed through a bidding process involving at least three separate brokers/financial institutions or through the use of a nationally recognized trading platform.

VIII. AUTHORIZED AND SUITABLE INVESTMENTS

All investments will be made in accordance with California Government Code Section 53600 et seq. and as described within this Investment Policy. Permitted i nvestments under this policy will include:

1. Municipal Bonds. These include bonds of the City, the State of California, any other municipality,state, and any local agency within the state of California. The bonds will be registered in the name of the City or held under a custodial agreement at a bank.

1. a. Are Bonds must be rated in the category of “A” or better by at least two nationally recognized statistical rating organizations; and

b. No more than 5% of the portfolio may be invested in any single per issuer.

c. No more than 30% of the total portfolio may be invested in municipal bonds.

2. US Treasury and other government obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. There are no limits on the dollar amount or percentage that the City may invest in US Treasuries.

3. Federal Agency or Uni ted States government -sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guarant eed as to

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principal and interest by federal agencies or United States government-sponsored enterprises. There are no limits on the dollar amount or percentage that the City may invest in government-sponsored enterprises.

4. Banker’s acceptances, provided that:

a. They are issued by institutions with short term debt obligations rated “A1” or higher, or the equivalent, by at least two nationally recognized statistical-rating organizations (NRSRO); and have long-term debt obligations which are rated in rating category “A” or higher by at least two nationally recognized statistical rating organizations;

b. The maturity does not exceed 180 days; and

c. No more than 40% of the total portfolio may be invested in banker’s acceptances and no more than 5% per issuer.

5. Federally insured time deposits (Non-negotiable certificates of deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that:

a. The amount per institution is limited to the maximum covered under federal insurance; and

b. The maturity of such deposits does not exceed 5 years.

6. Certificate of Deposit Placement Service (CDARS)

a. No more than 30% of the total portfolio may be invested i n a combination of certificates of deposit including CDARS

b. The maturity of CDARS deposits does not exceed 5 years.

7. Negotiable certificates of deposit (NCDs), provided that:

a. They are issued by institutions which have long -term obligations which are rated “A” or higher by at least two nationally recognized statistical rating o rganizations; and/or have short term debt obligations rated “A1” or higher, or the equivalent, by at least two nationally recognized statistical rating organizations;

b. The maturity does not exceed 5 years; and

c. No more than 30% of the total portfolio may be invested in NCDs and no more than 5% per issuer.

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8. Commercial paper, provided that:

a. The maturity does not exceed 270 days from the date of purchase;

b. The issuer is a corporation organized and operating in the United States with assets in excess of $500 million;

c. They are issued by institutions whose short term obligations are rated “A -1” or higher, or the equivalent, by at least two nationally recognized statistical rating organizations; and whose long-term obligations are rated “A” or higher by at leas t two nationally recognized statistical rating organizations; and

d. No more than 25% of the portfolio is invested in commercial paper and no more than 5% per issuer. Under a provision sunsetting on January 1, 2026, no more than 40% of the portfolio may be invested in Commercial Paper if the Agency’s investment assets under management are greater than $100,000,000.

9. State of California Local Agency Investment Fund (LAIF), provided that:

a. The City may invest up to the maximum permitted amount in LAIF; and

b. LAIF’s investments in instruments prohibited by or not specified in the City’s policy do not exclude it from the City’s list of allowable investments, provided that the fund’s reports allow the Administrative Services Director or Financial Services Officer or designee to adequately judge the risk inherent in LAIF’s portfolio.

10. Local government investment pools.

a. San Diego County Investment Pool

11. Corporate medium term notes (MTNs), provided that:

a. Such notes have a maximum maturity of 5 years;

b. Are issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States;

c. Are rated “A” category or better by at least two one nationally recognized statistical rating organizations; and

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d. Holdings of medium-term notes may not exceed 30% of the portfolio and with no 5% per issuer.

12. Mortgage pass -through securities, asset-backed securities , and collateralized mortgage obligations, provided that such securities:

a. Have a maximum stated final maturity of 5 years.

b. Be Are rated in a rating category of “AA” or its equivalent or better by a nationally recognized statistical rating organization.

c. Do Purchase of securities authorized by this subdivision may nnot exceed 20% of the portfolio.

13. Money market mutual funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940:

a. Provided that such funds meet either of the following criteria:

1. Attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations; or,

2. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in the securi ties and obligations authorized by California Government Code Section 53601 (a through j) and with assets under management in excess of $500 million.

b. Purchase of securities authorized by this subdivision may not exceed 20% of the portfolio.

14. Supranationals, provided that:

a. Issues are US dollar denominated senior unse cured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter -American Development Bank.

b. The securities are rated in a category of “AA” or higher by a NRSRO.

c. No more than 30% of the total portfolio may be invested in these securities.

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d. No more than 10% of the portfolio may be invested in any single issuer.

e. The maximum maturity does not exceed five (5) years.

IX. PORTFOLIO RISK MANAGEMENT

A. The following are prohibited investment vehicles and practices:

1. State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options.

2. In accordance with California Government Code Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest-only strips is prohibited.

3. Investment in any security that could result in a zero interest accrual if held to maturity is prohibited. Under a provision sunsetting on January 1, 2026, securities backed by the U.S. Government that could result in a zero - or negative-interest accrual if held to maturity are permitted.[AS2]

4. Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited.

5. Purchasing or selling securities on margin is prohibited.

6. The use of reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited.

7. The purchase of foreign currency denominated securities is prohibited.

7.8. The purchase of a security with a forward settlement date exceeding 45 days from the time of the investment is prohibited.

B. Mitigating credit risk in the portfolio

Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies:

1. The diversification requirements included in this Section IX are designed to mitigate credit risk in the portfolio;

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2. No more than 5% of the total portfolio may be invested in securities of any single issuer, except as noted in Section VIII of this Investment Policy;

3. The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity, or yield of the portfolio in response to market conditions or the City’s risk preferences; and

4. If securities owned by the City are downgraded by one or more nationally recognized statistical rating organization s either Moody’s or S&P to a level below the quality required by this Investment Policy, it will be the City’s policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio.

a. If a security is downgraded, the Administrative Services Director or Financial Services Officer designee will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors.

b. If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council.

C. Mitigating market risk in the portfolio

Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer -term portfolios have the potential to achieve higher returns. On the other hand, longer-term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short- term cash needs, and by making longer -term investments only with funds that are not needed for current cash flow pur poses. The City further recognizes that certain types of securities, including variable rate securities, securities with principal pay -downs prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk:

1. The City will maintain a minimum of three months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements;

2. The maximum percent of callable securities (does not include “make whole call” securities as defined in the Glossary) in the portfolio will be 20%;

3. The maximum stated final maturity of individual securities in the portfolio will be

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five years, except as otherwise stated in this policy; and

4. The duration of the portfolio will at all times be approximately equal to the duration (typically plus or minus 20%) of a Market Benchmark Index selected by the City based on the City’s investment objectives, constraints and risk tolerances. The City’s current Benchmark will be documented in the investment procedures manual.

X. INVESTMENT OBJECTIVES (PERFORMANCE STANDARDS AND EVALUATION)

A. Overall objective: The investment portfolio will be designed with the overall objective of obtaining a total rate of return throughout economic cycles, commensurate with investment risk constraints and cash flow needs.

B. Specific objective: The investment performance objective for the portfolio will be to earn a total rate of return over a market cycle which is approximately equal to the return on the Market Benchmark Index as described in the City’s investment procedures manual.

XI. PROCEDURES AND INTERNAL CONTROLS

A. Procedures: The Director of Administrative Services Director or designee Financial Services Officer will establish written investment policy procedures in a separate investment procedures manual to assist investment staff with day -to-day operations of the investment program consistent with this policy. Such procedures will include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Director of Administrative Services Director or Financial Services Officerdesignee.

B. Internal Controls: The Director of Administrative Services Director or Financial Services Officer designee is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, or misuse. The internal control structure will be designed to provide reasonable assurance that these objectives are met. Internal controls will be documented in the City’s investment procedures manual.

XII. REPORTING AND REVIEW

A. Monthly reports: The Administrative Services Director Director of Finance and/or Financial Services Officer must submit a monthly report to the legislative body accounting for transactions made during the reporting period.

B. Quarterly reports: Quarterly investment reports will be submitted by the Administrative

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Services Director or Financial Services Officer designee to the City Council, at an agendized within 45 days of the end of the quarter . Consistent with the requirements contained in California Government Code Section 53646, information in the quarterly investment reports shall include, but not be limited to, the following:

1. Type of investment

2. Name of issuer and/or financial institution

3. Date of purchase

4. Date of maturity

5. Current market value for all securities

6. Rate of interest

7. Purchase price of investment

8. Other data as required by deemed relevant by the Administrative Services Financial Services OfficerCity

C. Annual Policy review: The Investment Policy will be reviewed at least annually within 120 days of the end of the fiscal year and, as necessary, amended and re -adopted, to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends.

Related Policy References
California Government Code Sections: 16429.1 – 16429.4, and 53600 – 53609 and 53630-53686 Investment Company Act of 1940
Investment Advisers Act of 1940
Securities and Exchange Commission Rule #15C3-1
Appendix I attached: “Authorized Personnel”
Appendix II attached: “Glossary of Investment Terms”

Prior Policy Amendments
October 23, 1990 – Established Policy
May 9, 1995 (Resolution No. 95-62) Updated Policy and Inclusion in the Policy Manual and Amend policy adopted October 23, 1990
August 6, 1996 (Resolution No. 96 -130)
August 26, 1997 (Resolution No. 97 -110)
October 6, 1998 (Resolution No. 98 -136)
September 7, 1999 (Resolution No. 99 -130)
October 2, 2001 (Resolution No. 2001-151)
October 1, 2002 (Resolution No. 2002-149)
October 7, 2003 (Resolution No. 2003-139)
June 7, 2005 (Resolution No. 2005-118)
October 4, 2005 (Resolution No. 2005 -215)
August 21, 2007 (Resolution No. 2007-202)
February 19, 2008 (Resolution No. 2008 -37)
February 19, 2008 (Resolution No. 2008 -38) CDC
January 10, 2012 (Resolution No. 2012 -09)

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December 10, 2013 (Resolution No. 2013 -189)
December 16, 2014 (Resolution No. 2014-172)
December 15, 2015 (Resolution No. 2015 -186)
December 6, 2016 (Resolution No. 2016 -189)
October 17, 2017 (Resolution No. 2017 -203)
November 20, 2018 (Resolution No. 2018 -189)
August 18, 2020 (Resolution No. 2020 -151)
June 21, 2022 (Resolution No. 2022 -107)

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Appendix I

Authorized Personnel

The following positions are authorized to transact investment business and wire funds for investment purposes on behalf of the City of National City:

City Manager
Assistant City Manager
Financial Services Officer
Director of Administrative Services Directoror designee Formatted: Font: 11 pt

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Appendix II

GLOSSARY OF INVESTMENT TERMS

Agencies. Shorthand market terminology for any obligation issued by a government - sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are:

FDIC. The Federal Deposit Insurance Corporation provides insurance backed by the full faith and credit of the US government to certain bank deposits and debt obligations.

FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds.

FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market. FHLB issues discount notes and bonds.

FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called “Freddie Mac” issues discount notes, bonds and mortgage pass-through securities.

FNMA. Like FHLB and Freddie Mac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as “Fannie Mae,” issues discount notes, bonds and mortgage pass-through securities.

GNMA. The Government National Mortgage Association, known as “Ginnie Mae,” issues mortgage pass -through securities, which are guaranteed b y the full faith and credit of the US Government.

PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government.

TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio and Mississippi River valleys. TVA currently issues discount notes and bonds.

Asked. The price at which a seller offers to sell a security.

Asset-Backed Securities. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.

Average life. In mortgage -related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected.

Banker’s acceptance. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which “accepts” the obligation to pay the investor.

Benchmark. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy.

Bid. The price at which a buyer offers to buy a security.

Broker. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position.

Callable. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline since an issuer issues securities, it will likely call its current securities and reissue them at a lower

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rate of interest. Callable securities have reinvestment risk as the investor may receive its principal back when rates are lower than when the investment was initially made.

Certificate of Deposit (CD). A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs may be marketable.

Collateral. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies.

Collateralized Mortgage Obligations (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities.

Commercial paper. The short-term unsecured debt of corporations.

Cost yield. The annual income from an investment divided by the purchase cost. Because it does not give effect to premiums and discounts which may have been included in the purchase cost, it is an incomplete measure of return.

Coupon. The rate of return at which interest is paid on a bond.

Credit risk. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer.

Current yield. The annual income from an investment divided by the current market value.

Since the mathematical calculation relies on the current market value rather than the investor’s cost, current yield is unrelated to the actual return the investor will earn if the security is held to maturity.

Dealer. A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position.

Debenture. A bond secured only by the general credit of the issuer.

Delivery vs. payment (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser’s agent.

Derivative. Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components (“Stripped” coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate or index.

Discount. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as T-bills and banker’s acceptances, are known as discount securities. They sell at a discount from par, and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality.

Diversification. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk.

Duration. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to

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changes in interest rates. (See modified duration).

Federal funds rate. The rate of in terest charged by banks for short -term loans to other banks. The Federal Reserve Bank through open-market operations establishes it.

Federal Open Market Committee: A committee of the Federal Reserve Board that establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves.

Haircut: The margin or difference between the actual market value of a security and the value assessed by the lending side of a transaction (i.e. a repo).

Leverage. Borrowing funds in or der to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing.

Liquidity: The speed and ease with which an asset can be converted to cash.

Local Agency Investment Fund (LAIF). A voluntary investment fund m anaged by the California State Treasurer’s Office open to government entities and certain non -profit organizations in California.

Local Government Investment Pool. Investment pools including the Local Agency Investment Fund (LAIF), county pools, joint powers authorities (JPAs). These funds are not subject to the same SEC rules applicable to money market mutual funds.

Make Whole Call. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or “made whole.”
Margin: The difference between the market value of a security and the loan a broker makes using that security as collateral.

Market risk. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates.

Market value. The price at which a security can be traded.

Marking to market. The process of posting current market values for securities in a portfolio.

Maturity. The final date upon which the principal of a security becomes due and payable .

The investment’s term or rema ining maturity is measured from the settlement date to final maturity.

Medium term notes . Unsecured, investment -grade senior debt securities of major corporations which are sold in relatively small amounts either on a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.

Modified duration. The percent change in price for a 100 basis point change in yields.

Modified duration is the best single measure of a portfolio’s or security’s exposure to market risk.

Money market. The market in which short term debt instruments (T -bills, discount notes, commercial paper and banker’s acceptances) are issued and traded.

Mortgage pass-through securities. A securitized participation in the interest and principal

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cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.

Municipal Securities. Securities issued by state and local agencies to finance capital and operating expenses.

Mutual fund. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund’s prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund’s prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the inv estor can obtain through an individually managed portfolio.

Nationally Recognized Statistical Rating Organization (NRSRO). A credit rating agency the United States Securities and Exchange Commission uses for regulatory purposes.

Credit rating agencies prov ide assessments of an investment’s risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Fitch, S&P, and Moody’s.

Premium. The difference between the par value of a bond and the cost of the bond, when the cost is above par.

Prepayment speed. A measure of how quickly principal is repaid to investors in mortgage securities.

Prepayment window. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed.

Primary dealer. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out US monetary policy, and (2) that participates for st atistical reporting purposes in compiling data on activity in the US Government securities market.

Prudent person (man) rule. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as “Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes.” Realized yield. The change in value of the portfolio due to interest received and interest earned and realized gains and losses. It does not give effect to changes in market value on securities, which have not been sold from the portfolio.

Regional dealer. A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities, and that is not a primary dealer.

Repurchase agreement (RP, Repo). Short term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller’s point of view, the same transaction is a reverse repurchase agreement.

Safekeeping. A service to bank customers whereby securities are held by the bank in the customer’s name.

Short Term. Less than one (1) years’ time.

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Structured note. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and “dual index floaters,” which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.

Supranational. A Supranational is a multi -national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries.

Total rate of return. A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio.

US Treasury obligations. Securities issued by the US Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk, and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds.

Treasury bills. All securities issued with initial maturities of one year or less are issued as discounted instruments, and are called Treasury bills. The Treasury currently issues three- and six-month T-bills at regular weekly auctions. It also issues “cash management” bills as needed to smooth out cash flows.

Treasury notes. All securities issued with initial maturities of two to ten years are called Treasury notes, and pay interest semi-annually.

Treasury bonds. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually.

Value. Principal plus accrued interest.

Volatility. The rate at which security prices change with changes in general economic conditions or the general level of interest rates.

Yield to Maturity. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost.

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I. INTRODUCTION

II. SCOPE

This Investment Policy applies to all the City’s financial assets and investment activities with the following exception(s):

Investment income will be allocated to the various funds based on their res pective participation and in accordance with generally accepted accounting principles.

III. GENERAL OBJECTIVES

The overriding objectives of the investment program are to preserve principal, provide sufficient liquidity, and manage investment risks.

1. Safety: Safety of principal is the foremost objective of the investment program.

Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interes t rate risk.

2. Liquidity: The investment portfolio will remain sufficiently liquid to meet all operating requirements

3. Return: The investment portfolio will be designed with the objective of attaining a market rate of return throughout budgetary and econom ic cycles, taking into account the

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investment risk constraints for safety and liquidity needs.

IV. PRUDENCE, INDEMNIFICATION, AND ETHICS

A. Prudent Investor Standard: Management of the City’s investments is governed by the Prudent Investor Standard as set forth in California Government Code Section 53600.3:

“…all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore f iduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, i ncluding, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.”

V. DELEGATION OF AUTHORITY

The Administrative Services Director or Financial Services Officer will be responsible for all transactions undertaken and will establish a system of procedures and controls to regulate

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the activities of subordinate employees.

VI. AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, AND BROKER/DEALERS

A. The City’s Administrative Services Director or Financial Services Officer will determine which financial institutions are authorized to provide investment services to the City.

Institutions eligible to transact investment business with the City include:

1. Primary government dealers as designated by the Federal Reserve Bank;

2. Nationally or state-chartered banks;

3. The Federal Reserve Bank; and

4. Direct issuers of securities eligible for purchase.

B. Selection of financial institutions and broker/dealers authorized to engage in transactions with the City will be at the sole discretion of the City.

D. Selection of broker/dealers used by an external investment adviser retained by the City will be at the sole discretion of the investment adviser.

E. Public deposits will be made only in qualified public depositories as established by State law. Deposits will be insured by the Federal Deposit Insurance Corporation, or, to the extent

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the amount exceeds the insured maximum, will be collateralized in accordance with State law.

VII. DELIVERY, SAFEKEEPING AND CUSTODY, AND COMPETITIVE TRANSACTIONS

A. Delivery-versus-payment: Settlement of all investment transactions will be completed using standard delivery-vs.-payment procedures.

VIII. AUTHORIZED AND SUITABLE INVESTMENTS

All investments will be made in accordance with California Government Code Section 53600 et seq. and as described within this Investment Policy. Permitted investments under this policy will include:

1. Municipal Bonds. These include bonds of the City, the State of California, any other state, and any local agency within the state of California. The bonds will be registered in the name of the City or held under a custodial agreement at a bank.

a. Bonds must be rated in the category of “A” or better by at least two nationally recognized statistical rating organizations; and

b. No more than 5% of the portfolio may be invested in any single issuer.

c. No more than 30% of the total portfolio may be invested in municipal bonds.

3. Federal Agency or Uni ted States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There are no limits on the dollar amount or percentage that the City may invest

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in government-sponsored enterprises.

4. Banker’s acceptances, provided that:

a. They are issued by institutions with short term debt obligations rated “A1” or higher, or the equivalent, by at least two nationally recognized statistical-rating organizations (NRSRO); and have long-term debt obligations which are rated “A” or higher by at least two nationally recognized statistical rating organizations;

b. The maturity does not exceed 180 days; and

c. No more than 40% of the total portfolio may be invested in banker’s acceptances and no more than 5% per issuer.

5. Federally insured time deposits (Non-negotiable certificates of deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that:

a. The amount per institution is limited to the maximum covered under federal insurance; and

b. The maturity of such deposits does not exceed 5 years.

6. Certificate of Deposit Placement Service (CDARS)

a. No more than 30% of the total portfolio may be invested i n a combination of certificates of deposit including CDARS

b. The maturity of CDARS deposits does not exceed 5 years.

7. Negotiable certificates of deposit (NCDs), provided that:

a. They are issued by institutions which have long -term obligations which are rated “A” or higher by at least two nationally recognized statistical rating organizations; and/or have short term debt obligations r ated “A1” or higher, or the equivalent, by at least two nationally recognized statistical rating organizations;

b. The maturity does not exceed 5 years; and

c. No more than 30% of the total portfolio may be invested in NCDs and no more than 5% per issuer.

8. Commercial paper, provided that:

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a. The maturity does not exceed 270 days from the date of purchase;

b. The issuer is a corporation organized and operating in the United States with assets in excess of $500 million;

c. They are issued by institutions whose short term obligations are rated “A1” or higher, or the equivalent, by at least two nationally recognized statistical rating organizations; and whose long-term obligations are rated “A” or higher by at least two nationally recognized statistical rating organizations; and

9. State of California Local Agency Investment Fund (LAIF), provided that:

a. The City may invest up to the maximum permitted amount in LAIF; and

b. LAIF’s investments in instruments prohibited by or not specified in the City’s policy do not exclude it from the City’s list of allowable investments, provided that the fund’s reports allow the Administrative Services Director or Financial Services Officer to adequately judge the risk inherent in LAIF’s portfolio.

10. Local government investment pools.

a. San Diego County Investment Pool

11. Corporate medium term notes (MTNs), provided that:

a. Such notes have a maximum maturity of 5 years;

b. Are issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States;

c. Are rated “A” or better by at least one nationally recognized statistical rating organization; and

d. Holdings of medium-term notes not exceed 30% of the portfolio with no more than 5% per issuer.

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12. Mortgage pass -through securities , asset-backed securities , and collateralized mortgage obligations, provided that such securities:

a. Have a maximum stated final maturity of 5 years.

b. Are in a rating category of “AA” or its equivalent or better by a nationally recognized statistical rating organization.

c. Do not exceed 20% of the portfolio.

13. Money market mutual funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940:

a. Provided that such funds meet either of the following criteria:

1. Attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations; or,

b. Purchase of securities authorized by this subdivision may not exceed 20% of the portfolio.

14. Supranationals, provided that:

a. Issues are US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and De velopment, International Finance Corporation, or Inter -American Development Bank.

b. The securities are rated in a category of “AA” or higher by a NRSRO.

c. No more than 30% of the total portfolio may be invested in these securities.

d. No more than 10% of the portfolio may be invested in any single issuer.

e. The maximum maturity does not exceed five (5) years.

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TITLE: Investments

IX. PORTFOLIO RISK MANAGEMENT

A. The following are prohibited investment vehicles and practices:

1. State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options.

2. In accordance with California Government Code Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest-only strips is prohibited.

4. Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited.

5. Purchasing or selling securities on margin is prohibited.

6. The use of reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited.

7. The purchase of foreign currency denominated securities is prohibited.

8. The purchase of a security with a forward settlement date exceeding 45 days from the time of the investment is prohibited.

B. Mitigating credit risk in the portfolio

1. The diversification requirements included in this Section IX are designed to mitigate credit risk in the portfolio;

2. No more than 5% of the total portfolio may be invested in securities of any single issuer, except as noted in Section VIII of this Investment Policy;

3. The City may elect to sell a security prior to its maturity and record a capital gain

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or loss in order to improve the quality, liquidity, or yield of the portfolio in response to market conditions or the City’s risk preferences; and

4. If securities owned by the City are downgraded by one or more nationally recognized statistical rating organizations to a level below the quality required by this Investment Policy, it will be the City’s policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio.

a. If a security is downgraded, the Administrative Services Director or Financial Services Officer will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors.

b. If a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the City Council.

C. Mitigating market risk in the portfolio

Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer-term portfolios have the potential to achieve higher returns. On the other hand, longer -term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short- term cash needs, a nd by making longer -term investments only with funds that are not needed for current cash flow purposes. The City further recognizes that certain types of securities, including variable rate securities, securities with principal pay -downs prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk:

1. The City will maintain a minimum of three months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements;

2. The maximum percent of callable securities (does not include “make whole call” securities as defined in the Glossary) in the portfolio will be 20%;

3. The maximum stated final maturity of individual securities in the portfolio will be five years, except as otherwise stated in this policy; and

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current Benchmark will be documented in the investment procedures manual.

X. INVESTMENT OBJECTIVES (PERFORMANCE STANDARDS AND EVALUATION)

XI. PROCEDURES AND INTERNAL CONTROLS

A. Procedures: The Administrative Services Director or Financial Services Officer will establish written investment policy procedures in a separate investment procedures manual to assist investment staff with day-to-day operations of the investment program consistent with this policy. Such procedures will include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Administrative Services Director or Financial Services Officer.

B. Internal Controls: The Administrative Services Director or Financial Services Officer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, or misuse. The internal control structure will be designed to provide reasonable assurance that these objectives are met. Internal controls will be documented in the City’s investment procedures manual.

XII. REPORTING AND REVIEW

A. Monthly reports: The Administrative Services Director or Financial Services Officer must submit a monthly report to the legislative body accounting for transactions made during the reporting period.

B. Quarterly reports: Quarterly investment reports will be submitted by the Administrative Services Director or Financial Services Officer to the City Council at an agendized meeting within 45 days of the end of the quarter . Consistent with the requirements contained in California Government Code Section 53646, information in the quarterly investment reports shall include, but not be limited to, the following:

1. Type of investment

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2. Name of issuer and/or financial institution

3. Date of purchase

4. Date of maturity

5. Current market value for all securities

6. Rate of interest

7. Purchase price of investment

8. Other data as deemed relevant by the Administrative Services Director or Financial Services Officer

Prior Policy Amendments
October 23, 1990 – Established Policy
May 9, 1995 (Resolution No. 95-62) Updated Policy and Inclusion in the Policy Manual and Amend policy adopted October 23, 1990
August 6, 1996 (Resoluti on No. 96-130)
August 26, 1997 (Resolution No. 97 -110)
October 6, 1998 (Resolution No. 98 -136)
September 7, 1999 (Resolution No. 99 -130)
October 2, 2001 (Resolution No. 2001-151)
October 1, 2002 (Resolution No. 2002-149)
October 7, 2003 (Resolution No. 2003-139)
June 7, 2005 (Resolution No. 2005-118)
October 4, 2005 (Resolution No. 2005 -215)
August 21, 2007 (Resolution No. 2007-202)
February 19, 2008 (Resolution No. 2008 -37)
February 19, 2008 (Resolution No. 2008 -38) CDC
January 10, 2012 (Resolution No. 2012-09)
December 10, 2013 (Resolution No. 2013 -189)
December 16, 2014 (Resolution No. 2014-172)
December 15, 2015 (Resolution No. 2015 -186)
December 6, 2016 (Resolution No. 2016 -189)
October 17, 2017 (Resolution No. 2017 -203)

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November 20, 2018 (Resolution No. 2018-189)
August 18, 2020 (Resolution No. 2020 -151)
June 21, 2022 (Resolution No. 2022 -107)

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TITLE: Investments
Appendix I

Authorized Personnel

The following positions are authorized to transact investment business and wire funds for investment purposes on behalf of the City of National City:

City Manager
Assistant City Manager
Financial Services Officer
Administrative Services Director

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Appendix II

GLOSSARY OF INVESTMENT TERMS

FDIC. The Federal Deposit Insurance Corporation provides insurance backed by the full faith and credit of the US government to certain bank deposits and debt obligations.

FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds.

FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market. FHLB issues discount notes and bonds.

GNMA. The Government National Mortgag e Association, known as “Ginnie Mae,” issues mortgage pass-through securities, which are guaranteed by the full faith and credit of the US Government.

PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government.

Asked. The price at which a seller offers to sell a security.

Asset-Backed Securities. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.

Average life. In mortgage -related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected.

Banker’s acceptance. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk o f the trade transaction is transferred to the bank which “accepts” the obligation to pay the investor.

Benchmark. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy.

Bid. The price at which a buyer offers to buy a security.

Broker. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position.

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rate of interest. Callable securities have reinvestment risk as the investor may receive its principal back when rates are lower than when the investment was initially made.

Certificate of Deposit (CD). A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs may be marketable.

Collateral. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies.

Commercial paper. The short-term unsecured debt of corporations.

Cost yield. The annual income from an investment divided by the purchase cost. Because it does not give effect to premiums and discounts which may hav e been included in the purchase cost, it is an incomplete measure of return.

Coupon. The rate of return at which interest is paid on a bond.

Credit risk. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer.

Current yield. The annual income from an investment divided by the current market value.

Dealer. A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position.

Debenture. A bond secured only by the general credit of the issuer.

Delivery vs. payment (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser’s agent.

Derivative. Any security that has principal and/or interest pay ments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components (“Stripped” coupons and princ ipal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate or index.

Discount. The difference between the par value of a bond and the cost of the bond , when the cost is below par. Some short-term securities, such as T-bills and banker’s acceptances, are known as discount securities. They sell at a discount from par, and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality.

Diversification. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk.

Duration. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to

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changes in interest rates. (See modified duration).

Federal funds rate. The rate of interest charged by banks for short -term loans to other banks. The Federal Reserve Bank through open-market operations establishes it.

Federal Open Market Committee: A committee of the Federal Reserve Board that establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves.

Haircut: The margin or difference between the actual market value of a security and the value assessed by the lending side of a transaction (i.e. a repo).

Leverage. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing.

Liquidity: The speed and ease with which an asset can be converted to cash.

Local Agency Investment Fund (LAIF). A voluntary investment fund managed by the California State Treasurer’s Office open to government entities and certain non -profit organizations in California.

Make Whole Call. A type of call provision on a bo nd that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or “made whole.”
Margin: The difference between the market value of a security and the loan a broker makes using that security as collateral.

Market risk. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates.

Market value. The price at which a security can be traded.

Marking to market. The process of posting current market values for securities in a portfolio.

Maturity. The final date upon which the principal of a security becomes due and payable .

The investment’s term or remaining maturity is measured from the settlement date to final maturity.

Medium term notes . Unsecured, investment -grade senior debt securities of major corporations w hich are sold in relatively small amounts either on a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.

Modified duration. The percent change in price for a 100 basis point change in yields.

Modified duration is the best single measure of a portfolio’s or security’s exposure to market risk.

Money market. The market in which short term debt instruments (T -bills, discount notes, commercial paper and banker’s acceptances) are issued and traded.

Mortgage pass-through securities. A securitized participation in the interest and principal

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cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.

Municipal Securities. Securities issued by state and local agencies to finance capital and operating expenses.

Mutual fund. An entity which pools the funds of investors and invests those funds in a set of securities whi ch is specifically defined in the fund’s prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund’s prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio.

Nationally Recognized Statistical Rating Organization (NRSRO). A credit rating agency the United States Secur ities and Exchange Commission uses for regulatory purposes.

Credit rating agencies provide assessments of an investment’s risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings. The three most prominent NRSROs are Fitch, S&P, and Moody’s.

Premium. The difference between the par value of a bond and the cost of the bond, when the cost is above par.

Prepayment speed. A measure of how quickly principal is repaid to investors in mortgage securities.

Prepayment window. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed.

Primary dealer. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out US monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the US Government securities market.

Regional dealer. A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities, and that is not a primary dealer.

Safekeeping. A service to bank customers whereby securities are held by the bank in the customer’s name.

Short Term. Less than one (1) years’ time.

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Structured note. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and “dual index floaters,” which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.

Treasury notes. All securities issued with initial maturities of two to ten years are called Treasury notes, and pay interest semi-annually.

Treasury bonds. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually.

Value. Principal plus accrued interest.

Volatility. The rate at which security price s change with changes in general economic conditions or the general level of interest rates.

Yield to Maturity. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost.

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RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, ADOPTING CITY COUNCIL POLICY #203, “INVESTMENTS,” AS AMENDED

WHEREAS, City Council Policy #203, “Investments” states, “the Investment Policy will be reviewed at least annually and, as necessary, adopted, to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends.”; and

WHEREAS, after a review of the current policy, a few small adjustments are proposed to align the National City policy with recent changes in state law; and WHEREAS, the amended policy makes no significant changes to the City of National City investment goals, authorized investment instruments, or risk management.

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 adoption of City Council Policy #203, titled “Investments” as shown in Exhibit B.

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 15th day of August, 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: Community Development
Prepared by: Ben Martinez, Director of Community Dev./Interim City Manager Meeting Date: Tuesday, August 15, 2023
Approved by: Ben Martinez, Interim City Manager

SUBJECT:

Amendment of City Council Policy Numbers 704 “Limitation on City Approved Special Events within the City” and 802 “City Support for Special Events, Activities, Programs and Services”.

RECOMMENDATION:

Consider adoption of the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Amendment of City Council Policy Numbers 704 “Limitation on City Approved Special Events within the City” and 802 “City Support for Special Events, Activities, Programs and Services”.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

None.

EXPLANATION:

On October 7, 2008, the City Council adopted Resolution 2008-214 prohibiting special events by Temporary Use Permit (TUP) at El Toyon Park due to potential negative impacts associated with public events at the park. Adoption of the resolution presented today would allow non-City special events to occur at El Toyon Park by TUP.

In previous action, the City Council adopted Resolution 97 -33 on March 18, 1997 limiting the number of participants to 50 or less by a TUP at El Toyon Park. On October 21, 1997, the City Council adopted Resolution 97 -133 requiring 72 hours’ notice prior to the start of an event approved by a TUP.

FINANCIAL STATEMENT:

Not Applicable.

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.

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ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – City Council Policy No. 704
Exhibit B – City Council Policy No. 802
Exhibit C – City Council Policy No. 704 Draft - Redline Exhibit D – City Council Policy No. 802 Draft - Redline Exhibit E – Resolution

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 7, 2008

ADOPTED: November 15, 1988
POLICY # 704
TITLE: Limitation on city approved Special events within the City Purpose
The City council recognized the potential impact of various special events within the City, specifically when held concurrently, upon Police Department resources and public safety.

The purpose of this policy is to limit the number of such events held concurrently in recognition of that potential impact and provide guidelines to insure public safety.

Policy
Those City approved temporary use activities listed under "Class A Uses/Activities" in the attached sheet (with the exception of mobile home type structures," which are already limited to periods no longer that one year), shall be limited to no more than two occurring concurrently on a given day with the exception of city parks where special events shall be limited to one on a given day with a minimum of six weeks between special events in order to allow the grass and park to rejuvenate.

The Police Department shall indicate on the Temporary Use Permit application from prior to its submission to the City Council, the potential impact of a particular event upon Police resources or public safety. Each event will have necessary security as determined by the National City Police Department. This security can be a) pri vate security, b) combination of private security and police officers, c) police officers and reserve officers. The Police Department must approve security arrangements prior to the issuance of a temporary Use Permit. The person or organization responsible for the event will be required to pay for officers assigned to the event. There will be no officers initially assigned to the event; further charge will be made to the operation or responsible organization. As an example, if an event is required to have four officers present and police activity increases and additional officers are required, there would be no charge for those additional officers.

Alcohol will be prohibited to reduce chances of violence and disorderly conduct.

A fence may be required , at the discretion of the Police Department, based upon, 1) event location, 2) past activity at the· site, 3) estimated crowd and, 4) type of entertainment in order to control access to the activity by large groups of people.

Activities will not operate between the hours of 11pm and 8am on any day. There will be no sales of tickets for any activity one half hour before closing time. If there is an imminent danger to the well being of citizens, the Police Department shall adjust operations hours.

The City Council may, by its specific action, waive the subject limit for a particular event, if in its view, no·adverse impact upon Police Department resources or public safety would

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 7, 2008

ADOPTED: November 15, 1988
POLICY # 704
TITLE: Limitation on city approved Special events within the City result.

The Fire Department is to have absolute authority, control, and decisions over all fireworks and or pyrotechnic displays.

Outdoor Events at the Community Center
A Temporary Use Permit is required for events in the park or parking lot adjacent to the Community Center subject to the provisions of Chapter 15.60 of the NCMC and/or the "TUP Guidelines for Use of -City Parks" as established by the Community Services Director. In addition, a Temporary Use Permit is required for the use of the park or parking lot adjacent to the Community Center in conjunction with an event in the Community Center subject to the provisions of Chapter 15.60 of the NCMC and/or the "TUP Guidelines for Use of City Parks" as established by the Community Services Director.

Late T.U.P. Applications
At the discretion of the Building & Safety Director, Temporary Use Permit applications may be accepted for processing less than 15 working days prior to the date of the event provided the Building & Safety Director finds the size and scope of the event lends the application to expedited review by City departments and evaluation by the City Council. In no event shall a Temporary Use Permit application involving more than 500 participants receive expedited processing without prior approval of the City Council.

Photography/Motion Picture Permits
The Director of Building 1$(, Safety is designated as the individual to work directly with the film industry. The Director of Building & Safety shall develop administrative policies and procedures to implement the California Film Commission's Model Filming Permit Process to the greatest extent possible.

The following Temporary Use Permits are required for photography and/or motion picture filming:

Class A: Photography or filming on public or private property that requires street closures and/ or traffic control in excess of three minutes, or that involves stunts or special effects which may require City services.

Class B: Photography or filming on public or private property that does not involve street closures and/or traffic control in excess of three minute and does not involve stunts or special effects which may require City services.

Applications for a Temporary Use Permit for Photography/Filming shall be based on the model photography/filming developed by the California Film Commission.

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 7, 2008

ADOPTED: November 15, 1988
POLICY # 704
TITLE: Limitation on city approved Special events within the City Applications shall be filed with the Building & Safety Department in the following Specified number of days prior to the date the filming is to occur:

Class A: 10 working days
Class B: 2 working days

The applicant may be required to reimburse the City for costs incurred in providing support services in conjunction with a Temporary Use Permit for Photography/Filming.

Class A and Class B applications shall be accompanied by a Certificate of Insurance and Neighborhood Notification Form when deemed appropriate by the Risk Manager and the Director of Building & Safety.

T.U.P Processing Fee Waivers
The City Council shall waive T.U.P. processing fees only in the case of a non -profit organization, and when such organization can demonstrate that the event for which the T. U.P is requested will not generate any income to the organization, or that the net proceeds of the event for which the T.U.P is requested result in:

 Direct financial benefit to an individual who resides or its employed in the city, and who is in dire financial need due to health reasons or a death in the family, or  Direct financial benefit to city government, e.g. generation of sales tax; or  Direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city, e.g. Kiwanis, Rotary, Lion, Boys and Girls Club; or  Direct financial benefit to an organization which has been in the direct  recipient of City or Community Development Block Grant (CDBG) funding.

T.U.P. Events at El Toyon Park
T.U.P. events at El Toyon Park are prohibited.

T.U.P. Event Notification Procedures
It shall be the responsibility of the T.U.P. applicant to provide written notification to occupants of property adjacent to a City park for events in the park which involve any of the following activities:

1) Live musical performances 3) Fireworks or similar pyrotechnic displays 2) Use of amplified sound 4) Other activities or events or portable systems. systems other than hand-held
portable systems.

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: October 7, 2008

ADOPTED: November 15, 1988
POLICY # 704
TITLE: Limitation on city approved Special events within the City The written notification shall include the name and telephone number of the sponsor of the event, the nature of the event, the date and hours of set-up and tear-down for the event, the date and hours of the event, and the name of the sponsor's representative who will be at the park on the day(s) of the event and how that individual may be contacted the need arise.

The written notification shall be mailed to the occupants of properties abutting City parks as reflected on maps prepared by the Building & Safety Department. The written notification shall be submitted to the Building & Safety Director for review and approval prior to mailing. The date of mailing of the notification shall be scheduled so that the notification will be received by property occupants no less than 72 hours prior to the start of set up activities for the event.

Failure to provide notification as stated herein may be cause for the revocation of T.U.P. approval for the event, or denial of future T.U.P. applications submitted by the sponsoring organization.

Related Policy References
Municipal Code Chapter 18.118
Municipal Code Section 6.28
Municipal Code Section 6.52

Prior Policy Amendments:

None.

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CITY COUNCIL POLICY

CITY OF NATIONAL CITY

BACKGROUND:

The Council recognizes that special events are a lifestyle that defines National City's history and makes our City unique . However, City Council is also concerned with the increasing cost of City su pport of special events, examples of which are concerts, festivals, parades and sporting events which take place at City parks and facilities or in C ity streets and rights-of-way. The Council notes that City support of special events, be it police traffic service, fire standby service or other support , is not specifically budgeted and is provided through reductions in the level of service for budgeted programs .

DEFINITIONS:

1. "SPECIAL EVENT" as defined in Municipal Code Section 15.60.005 means any organized activity conducted for a common or collective purpose, use or benefit which involves the utilization of, or has an impact upon, public property or facilities and the need for providing municipal and public safety services in response to the event.

Examples of Special Events include , but are not limited to:

a. Parades
b. Public concerts and other community cultural events c. Demonstrations
d. Circuses
e. Fairs and festivals
f. Community or neighborhood block parties and street dances g. Mass participation sports (marathons, bicycles races and tours) h. Film making activities
i. Public speaker events

2. "CITY SUPPORT" means any City services required to maintain minimal interference and inconvenience to the general public resulting from a Special Event.

City Support includes, but is not limited to:

a. Special Event permit processing
b. Police services
c. Sanitation and cleanup
d. Maintaining access for emergency vehicles and provision of medical care e. Street closures
f. Use of City Stage, PA equipment and/or Information Trailer TITLE: City Support for Special Events , Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED:

December 6, 2022

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TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: December 6, 2022

City Support does not include internal security, crowd control and other services considered the responsibility of the Special Event Sponsor.

3. "NON PROFIT" means a non -profit tax exempt organization (501(c)(3)) that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of six (6) months preceding the date of application for a special event.

4. "PUBLIC FACILITY" means any property, building, or public access (street, park, theater, etc.) that lies within the City and which is owned or operated by the City for public benefit or usage.

5. "EVENT ORGANIZER" means any person, group , or corporation assuming responsibility for planning, promoting, and carrying out a Special Event.

6. "CITY MANAGER" means the City Manager or designee.

7. "CITY CO-SPONSORED EVENT" is defined as an annual event that occurs within the boundaries of National City. The co -sponsoring agency must be a National City non-profit or branch thereof and the event must benefit National City and its residents.

Applications must be submitted as a special event application to the Neighborhood Services Department, deadlines are noted annually. The current City co -sponsorship events list (Attachment "A") are considered grandfathered and will not need to apply annually for approval.

8. "CITY SPONSORED EVENT" is defined as an annual community-wide event that is planned and managed by one or more City departments. The current City sponsored events list (Attachment "B") are considered grandfathered and will not need to apply annually for approval. These events will not require a secondary City Council approval through the TUP or Special Event process. City Staff will process event applications and City Council will be updated of these events annually and or on a quarterly basis.

PURPOSE:

It is the purpose of this policy to provide guidelines for the support of special events, consistent with the least possible disruption to normal City services.

POLICY:

A. Co-Sponsored Events

It is the policy of the City Council that:

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National City City CouncilAugust 15, 2023

National City City Council
August 15, 2023