Agenda packet, regular meeting — National City City Council, August 5, 2025 (part 1 of 3)

AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Marcus Bush, Vice-Mayor – District 4 Scott W. Huth, Interim City Manager Luz Molina, Councilmember- District 1 Barry J. Schultz, City Attorney Jose Rodriguez, Councilmember -District 2 Shelley Chapel, MMC, City Clerk Ditas Yamane, Councilmember – District 3
_______________________________________________________________________

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

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

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

Agendas and Material: Agendas and Agenda Packet for items listed are available on the City website, and distributed to the City Council no less than 72 hours before the City Council Meeting.

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

To listen to the live stream in Spanish, you must register for Zoom prior to the meeting for access.

All Zoom registration must be completed two (2) hours prior to the City Council Meeting for access.

Public Comment: Persons wishing to address the City Council on matters not on the agenda may do so under Public Comments. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker’s Slip to the City Clerk before the meeting or immediately following the announcement of the item. All comments will be limited up to three (3) minutes. The Presiding Officer shall have the authority to reduce the time allotted to accommodate for a large number of speakers.
(City Council Policy 104)
All written comment must be submitted no later than four (4) hours prior to the start of the meeting to allow time for distribution to the City Council.

EFFECTIVE JANUARY 1, 2023
All Contributions to Candidates and Current Elected Officials are required to self -report a Declaration of Campaign Contribution to a Councilmember of more than $250 within the past year (effective Jan 1, 2023). This report may be included on the Public Comment Speaker Slip to be completed prior to the City Council Meeting.

Spanish Interpretation Services: Spanish Interpretation Services are available; please contact the City Clerk before the start of the meeting for assistance.

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

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

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

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

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

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

Para escuchar la transmission en Español, registration por Zoom es requerido antes del comienzo de la sesión.

Todo registro para la trasmisión por Zoom debe completarse dos (2) horas antes de la Reunión
del Concejo Municipal.

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

Por favor, envíe una solicitud del orador al Secretario de la Ciudad antes de la reunión o inmediatamente después del anuncio del artículo. Todos los comentarios estarán limitados a tres (3) minutos. El Presidente tendrá la autoridad para reducir el tiempo asignado para dar cabida a un gran número de oradores. (Política del Concejo Municipal 104)

Si desea enviar comentarios por escrito, envíe un correo electrónico a la Oficina del Secretario de la Ciudad al menos 1 hora antes de la Reunión del Consejo Municipal para dar tiempo a la distribución al Consejo Municipal.

Todos comentarios deben estar sometidos a más tardar cuatro (4) horas antes del comienzo de la sesión.

A PARTIR DEL 1 DE ENERO DE 2023
Todas las contribuciones a los candidatos y funcionarios electos actuales deben autoinformar una Declaración de contribución de campaña a un concejal de más de $ 250 en el último año (a partir del 1 de enero de 2023). Este informe puede incluirse en el Recibo del orador de comentarios públicos que se completará antes de la reunión del Concejo Municipal Servicios de interpretación en español: Los servicios de interpretación en español están disponibles, comuníquese con el Secretario de la Ciudad antes del inicio de la reunión para obtener ayuda.

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

AGENDA
Consolidated Regular Meeting

Tuesday, August 5, 2025, 5:00 p.m.

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

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE TO THE FLAG

4. INVOCATION

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

6. PROCLAMATIONS AND RECOGNITION

6.1 Introduction of New City Employees 6

7. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) Per Government Code Section 53232.3(d) also known as AB1234:

Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

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

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

8.2 Approval of City Council Meeting Minutes 7
Recommendation:

Approve and file.

8.3 Acceptance of Donation from the Fleet Science Center and Authorization of a Corresponding Budget Adjustment in the Library Fund
27 Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing, in Accordance with City Council Policy No. 204, the Acceptance of the Donation of $15,000 from the Fleet Science Center, and Authorizing the Establishment of a Corresponding Appropriation in the Library Fund for Library Programs that Promote STEAM Education and Community Engagement.”

8.4 Agreement Between the City of San Diego Office of Emergency Services and the City of National City for the Distribution of FY24 Urban Area Security Initiative (UASI) Grant Funds.
30 Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California (1) Authorizing the Mayor to Execute an Agreement between the City of San Diego Office of Emergency Services and the City of National City and (2) Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $507,211 Based on the Fiscal Year 2024 Urban Area Security Initiative (“UASI”) Grant for the Reimbursable Grant Purchase of Training and Equipment for the National City Police and Fire Departments.”

8.5 Amendment to Restricted Grant Agreement with the State of California Department of Transportation for the Clean California Local Grant Program for the National City Eastside I-805 Community Greenbelt Project CIP No. 22-09. 83 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute an Amendment to the Restricted Grant Agreement with the State of California Department of Transportation for the Clean California Local Grant Program for the National City Eastside I-805 Community Greenbelt Project, CIP No. 22-09.”

8.6 Annual Appropriations Limit for Fiscal Year 2026 121 Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving and Adopting the Annual Appropriations Limit of $88,935,393 for Fiscal Year 2026”

Page 2 of 383 ends

8.7 Authorize the purchase of Roofing Materials from The Garland Company, Inc. for the National City Public Library.
124
Recommendation:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto California Multiple Award Schedule Contract # 4-20-56-0006B with The Garland Company, Inc. for the Purchase of Roofing Materials in a Not-to-Exceed Amount of $622,584 for the National City Public Library; and 2) Authorizing the Establishment of an Appropriation of $622,584 in the Library Capital Outlay Fund.”

8.8 Bayshore Bikeway Segment 5 and Connections Project, CIP 19-24, ATP Cycle 7 Grant Appropriation for Construction Phase.
149
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Mayor to Execute Program Supplement Agreement No. F031 with the State of California Department of Transportation for Construction of the Bayshore Bikeway – Segment 5 and Connections Project, CIP 19-24, ATP Cycle 7; and 2) Authorizing the Establishment of an Engineering Grants Fund Appropriation of $5,681,000 and Corresponding Revenue Budget.”

8.9 Increase Contract Amount for the Bicycle Wayfinding Project, CIP No. 19-25, through use of Active Transportation Program Grant Funds. 166
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing a Change Order and Increase to the Contract with A Good Sign & Graphics Co. in the Amount of $139,980 for the Bicycle Wayfinding Project, CIP No. 19-25.”

8.10 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence Located at 2005 Grove Street.
171
Recommendation:

Adopt a Resolution entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 2005 Grove Street.”

8.11 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence Located at 1215 Hoover Avenue.
187
Recommendation:

Page 3 of 383 ends

Avenue.”

8.12 International Association of Fire Fighters Medical Reimbursement Plan Revision.
202
Recommendation:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Approving Employee Contributions to the International Association of Fire Fighters Medical Expense Reimbursement Plan to Allow Employees who Promote out of the National City Firefighters’ Association into Management or Executive Positions to Continue Participation in the Plan.”

8.13 Investment Report for the Quarter Ended March 31, 2025. 205 Recommendation:

Accept and File the Investment Report for the Quarter Ended March 31, 2025.

8.14 Project Close-Out and Notice of Completion for the 3131 Hoover Avenue Storm Drain Replacement Project, CIP No. 24-11.
245
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by Bert W. Salas, Inc. for the 3131 Hoover Avenue Storm Drain Replacement Project, CIP No. 24-11; 2) Approving the Final Contract Amount of $465,343.15; 3) Ratifying the Release of Retention in the Amount of $23,267.16; and 4) Authorizing the Mayor to Sign the Notice of Completion.”

8.15 Project Close-Out and Notice of Completion for the 16th Street and M Avenue Storm Drain Repair Project, CIP No. 24-12.
253
Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting the Work Performed by Palm Engineering Construction Company, Inc. for the 16th Street and M Avenue Storm Drain Repair Project, CIP No. 24-12; 2) Approving the Final Contract Amount of $355,279.09; 3) Ratifying the Release of Retention in the Amount of $17,763.95; and 4) Authorizing the Mayor to Sign the Notice of Completion.”

8.16 Purchase of Roofing Materials from The Garland Company, Inc. for National City Fire Station 34.
261
Recommendation:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto California Multiple Award Schedule Contract # 4-20-56-0006B with The Garland Company, Inc. for the Purchase of Roofing Materials in a Not-to-Exceed Amount of $194,524 for National City Fire Station 34; and 2) Authorizing the Establishment of an

Page 4 of 383 ends

Appropriation of $194,524 in the Capital Improvement Program Fund for Facility Upgrades.”

8.17 Temporary Use Permit – Pumpkin Station hosted by Pinery Christmas Trees at Westfield Plaza Bonita Mall from September 26, 2025, through October 31, 2025, with No Waiver of Fees.
286
Recommendation:

Approve the Application for a Temporary Use Permit Subject to Compliance with all Conditions of Approval with No Waiver of Fees and in Accordance with City Council Policy 802.

8.18 Warrant Register No. 44 for the Period of 4/25/25 through 5/1/25 in the Amount of $2,738,659.12
312
Recommendation:

Ratify Warrants Totaling $2,738,659.12

8.19 Warrant Register No. 45 for the Period of 5/2/25 through 5/8/25 in the Amount of $2,144,837.38
323
Recommendation:

Ratify Warrants Totaling $2,144,837.38

8.20 Warrant Register No. 46 for the Period of 5/9/25 through 5/15/25 in the Amount of $3,721,471.31
334
Recommendation:

Ratify Warrants Totaling $3,721,471.31

9. STAFF REPORTS

9.1 Review and Discussion of the 2025 Master Fee Schedule 348 Recommendation:

Direct City staff regarding which fees in the 2025 Master Fee Schedule, if any, should be amended from the level adopted at the June 3, 2025 City Council meeting. If any fees should be amended, direct City staff regarding the level to which the fees should be amended.

10. CITY MANAGER’S REPORT

11. ELECTED OFFICIALS REPORT

12. CITY ATTORNEY REPORT

13. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, August 19, 2025 - 6:00 p.m. - Council Chambers - National City, California.

Page 5 of 383 ends

POLICE DEPARTMENT
Zovek Carrillo

POLICE OFFICER
Sandra Karina Tee

POLICE RECRUIT
•
Vuren Sotelo

POLICE RECRUIT
__ ._ ___.

Ronalda Fernandez Perez

POLICE OFFICER
Jennifer Sosa-Vega

POLICE RECRUIT
Giancarlo Calderon

POLICE RECRUIT
. ___ ___,
Gilbert Urbina

POLICE RECRUIT
Christian Osorio

POLICE RECRUIT
Yesenia Amigon Alize Torres Bustillos Chance Knight

IT ANALYST COMMUNITY SERVICE POLICE RECORDS CLERK
Victoria Torres

POLICE DISPATCHER

OFFICER
---·-Angel Mesa

POLICE DISPATCHER
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MAY - JULY
2025

NEW HIRES
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Juliet Tranate

HR TECHNICIAN
Anallely Luna Hernandez

HR ANALYST I
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Israel Contreras

GRAFFITI REMOVAL
ASSISTANT Page 6 of 383

AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, August 5, 2025
Approved by: Scott W. Huth, Interim City Manager

SUBJECT:

Approval of City Council Meeting Minutes

RECOMMENDATION:

Approve and file.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Meeting Minutes:

Special City Council Meeting of June 12, 2025 – Budget
Special City Council Meeting of June 17, 2025 – Closed Session Regular City Council Meeting of June 17, 2025

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:

The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Special City Council Meeting of June 12, 2025 – Meeting Minutes Exhibit B - Special City Council Meeting of June 17, 2025 – Closed Session – Meeting Minutes Exhibit C - Regular City Council Meeting of June 17, 2025 – Meeting Minutes

Page 7 of 383 ends

SPECIAL MEETING MINUTES OF THE CITY COUNCIL
BUDGET

June 12, 2025, 4:00 p.m.

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

Present: Councilmember Molina
Councilmember Rodriguez
Councilmember Yamane (arrived 5:20 p.m.)
Vice-Mayor Bush (arrived 4:37 p.m.)
Mayor Morrison

Others Present: Scott W. Huth, Interim City Manager
Richard Romero, Assistant City Attorney
Shelley Chapel, City Clerk
Alex Hernandez, Chief of Police
Sergio Mora, Fire Chief
Carlos Aguirre, Director of Community Development
Bruce Foltz, Director of Finance
Danielle Ghio, City Librarian
Lydia Hernandez, Director of Human Resources
Tracy Lamb, Interim Community Services Director
Arturo Gonzalez, Street & Wastewater Superintendent Public Works Tonya Hussain, Deputy City Clerk
_____________________________________________________________________

1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 4:15 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Molina, Rodriguez, Yamane (arrived 5:20 p.m.), Bush (arrived 4:37 p.m.), Morrison

Page 8 of 383 ends

Interpretation in Spanish provided by Ruth Monroy, and Grisel Villafana.

Morrison left the dais at 4:19 p.m. and returned at 4:21 p.m.

3. PLEDGE OF ALLEGIANCE
Councilmember Rodriguez led the Pledge of Allegiance.

4. PUBLIC COMMENT (Public Comment will be Restricted to Agenda Items Only) In-person comment on Item 5.1:

Deion Servelo
Ren Sano
Ed Nieto
Alisha Morrison

5. STAFF REPORT

5.1 Discussion of Additional Staffing and Equipment Requests Regarding the Proposed Fiscal Year 2025-2026 Budget
Director of Finance Bruce Foltz introduced the item. Directors provided response to questions.

Vice-Mayor Bush left the dais at 4:57 p.m. and returned at 5:01 p.m.

Councilmember Rodriguez left the dais at 5:13 p.m. and returned at 5:15 p.m.

Vice-Mayor Bush left the dais at 5:54 p.m. and returned at 6:01 p.m.

Councilmember Rodriguez left the dais at 6:16 p.m. and returned at 6:18 p.m.

In-person comment:

Joan Rincon

6. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, June 17, 2025, 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 7:48 p.m.
___________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of August 5, 2025.

__________________________
Ron Morrison, Mayor

Page 9 of 383 ends

SPECIAL MEETING MINUTES OF THE CITY COUNCIL

CLOSED SESSION

June 17, 2025, 4:00 p.m.

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

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

Others Present: Scott W. Huth, Interim City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Derek Aydelotte, Police Captain
Sergio Mora, Fire Chief
Carlos Aguirre, Director of Community Development
Bruce Foltz, Director of Finance
Stephen Manganiello, Director of Engineering/Public Works Lydia Hernandez, Director of Human Resources
Tracy Lamb, Interim Community Services Director
Martin Reeder, Assistant Director of Community Development Tonya Hussain, Deputy City Clerk
_____________________________________________________________________

1. CALL TO ORDER
A Special Meeting of the City Council of the City of National City was called to order at 4:08 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Molina, Rodriguez, Yamane, Bush, Morrison Interpretation in Spanish provided by Ruth Monroy, and Grisel Villafana.

Page 10 of 383 ends

3. PLEDGE OF ALLEGIANCE
Councilmember Molina led the Pledge of Allegiance.

4. PUBLIC COMMENT (Public Comment will be Restricted to Agenda Items Only) No General Public Comment was received.

5. CLOSED SESSION
Members retired into Closed Session at 4:23 p.m. and returned at 6:23 p.m. with all members present in attendance: Molina, Rodriguez, Yamane, Bush, Morrison, and Schultz Special Counsel: Blithe Bock (5:10 – 5:46 p.m.)

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

Superior Court of California, County of San Diego
Case Number: 37-2023-00012507-CU-WM-CTL

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

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

5.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Name of Case: Cummins v City of National City et al.

San Diego Superior Court Case No. 37-2022-00004671-CU-OE-CTL

6. CLOSED SESSION - CONTINUED

6.1 CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations: Municipal Employees’ Association (SEIU, Local 221), National City Firefighters Association (Local 2744), and Police Officers Association (POA)
Unrepresented Groups: Executive, Confidential, and Management Agency Designated Representatives:

Steven Berliner (Labor Negotiator)
Scott Huth (Interim City Manager)
Bruce Foltz (Finance Director)
Paul Valadez (Budget Manager - Finance)
Lydia Hernandez (Human Resources Director)
In-person comment:

Dukie Valderrama
Maricar Comaya

Page 11 of 383 ends

Andrew Williamson
Carl Atkins
Karla Apalateoul
Written comment:

Zaide Jurado
Zoom comment:

Alex Nell

The meeting adjourned at 6:23 p.m.
___________________________
Shelley Chapel, MMC, City Clerk
The foregoing minutes were approved at the Regular Meeting of August 5, 2025.

__________________________
Ron Morrison, Mayor

Page 12 of 383 ends

REGULAR MEETING MINUTES OF THE CITY COUNCIL

June 17, 2025, 6:00 p.m.

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

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

Others Present: Scott W. Huth, Interim City Manager
Barry J. Schultz, City Attorney
Shelley Chapel, City Clerk
Carlos Aguirre, Director of Community Development
Derek Aydelotte, Police Captain
Bruce Foltz, Director of Finance
Lydia Hernandez, Director of Human Resources
Tonya Hussain, Deputy City Clerk
Tracy Lamb, Interim Community Services Director
Stephen Manganiello, Director of Engineering/Public Works Sergio Mora, Fire Chief
Martin Reeder, Assistant Director of Community Development __________________________________________________________________

1. CALL TO ORDER
A Regular Meeting of the City Council of the City of National City was called to order at 6:30 p.m. via teleconference and in the Council Chamber, lo cated in City Hall, 1243 National City Boulevard, National City, California.

2. ROLL CALL
Councilmembers present: Molina, Rodriguez, Yamane, Bush, Morrison Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon.

Page 13 of 383 ends

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

4. INVOCATION
Delivered by Fruit of the Vine Church Pastor Ruben Rodriguez.

Item taken out of order.

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

7.1 One Safe Place, the South County Family Justice Center - a project of the San Diego District Attorney
PowerPoint presentation provided by San Diego County District Attorney Summer Stephan.

5. PUBLIC COMMENT
Mayor Morrison summarized the process for acceptance of live public comment allowing two (2) minutes per comment.

In-person comment:

Wendy Egan Amy Broadnax
Ted Godshalk Brian Clapper
Ed Nieto Brian Esparsa
Connie Yvette
Marcos Navarro
Karina Flores
Rosaura Marin
Purita Javier
Cesar Javier
Veronica A.

Ernesto Castaneda
Written comment was received from David Garcia Ozua.

In accordance with City Council Policy 104, the allotted time of 30 minutes had been reached for Public Comment. Mayor Morrison continued remaining speakers to the end of the meeting.

6. PROCLAMATIONS AND RECOGNITION

6.1 Employee of the Quarter - Lieutenant Wade Walters
Mayor Morrison introduced Police Captain Derek Aydelotte who recognized Employee of the Quarter Lieutenant Wade Walters.

Item not on the agenda.

Mayor Morrison introduced the Proclamation for Juneteenth Day. The proclamation was accepted by Roosevelt Williams III.

Page 14 of 383 ends

8. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)
Councilmember Rodriguez provided an update on the SANDAG Sho reline Preservation Working Group.

Councilmember Yamane spoke to the business of Sweetwater Authority.

Councilmember Molina provided an update on the SANDAG Board of Directors meeting.

Vice-Mayor Bush provided an update on the San Diego County Air Pollution Control Board.

Mayor Morrison spoke to his attendance at the National Association for Regional Councils representing SANDAG. In addition to his attendance at the Regional Solid Waste Association meeting.

9. CONSENT CALENDAR
ACTION: Motion by Councilmember Yamane, seconded by Vice-Mayor Bush to approve the Consent Calendar with the exception of Items 9.5, 9.10, 9.11, 9.13, and 9.14.

Motion carried by unanimous vote.

9.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda
Motion carried by unanimous vote.

9.2 Approval of City Council Meeting Minutes
Approve and file.

Motion carried by unanimous vote.

9.3 Acceptance of CalRecycle Beverage Container Recycling City/County Payment Program Grant Funds in the Amount of $15,591 for FY24 and $14,915 for FY25 Adopted Resolution No. 2025-64.

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting Beverage Container Recycling City/County Payment Program Grant Funds in the Amount of $15,591 for FY24 and $14,915 for FY25 from the California Department of Resources Recycling and Recovery for Future Implementation of Recycling Projects and Programs; and 2) Aut horizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $30,506.”
Motion carried by unanimous vote.

Page 15 of 383 ends

9.4 Acceptance of Grant Funds to Support No Senior Alone Program in the Amount of $2,000.

Adopted Resolution No. 2025-65.

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the City Manager or Designee to Accept Grant Funds from San Diego Seniors Community Foundation for the “No Senior Alone” Program in the Amount of $2,000, and 2) Authorizing the Establishment of a Corresponding Appropriation and Revenue Budget.”
Motion carried by unanimous vote.

Item pulled for discussion.

9.5 Approval of an Agreement Amendment with Liebert Cassidy Whitmore for Le gal Services in the Specialized Area of Labor Negotiations by Extending the Agreement to December 31, 2025.

Adopted Resolution No. 2025-66.

Public comment received from Thomas Rike.

Recommendation: Adopt the Resolution Entitled, Resolution of the City Council of the City of National City, California, Amending the Agreement Between the City of National City and Liebert Cassidy Whitmore for Legal Services in the Specialized Area of Labor Negotiations by Extending the Agreement to December 31, 2025.

ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Yamane to adopt the resolution with a revision that the agreement be extended to August 30, 2025.

9.6 Authorize the Purchase and Buildout of Four (4) Ford Police Utility Interceptors for the National City Police Department
Adopted Resolution No. 2025-67.

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60. 260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto County of San Diego Contract # 570454 with Kearny Mesa Ford for the Purchase of Four 2025 Ford Police Interceptor Utility B/W AWD 3.3 Hybrid Vehicles in a Not-To-Exceed Amount of $228,000 for the National City Police Department; 2) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.110(B) Regarding Exceptions to Formal Competitive Bidding and Authorizing Purchase and Installation Services

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from American Emergency Products in a Not -To-Exceed Amount of $127,000 to Complete the Buildouts for All Four Vehicles; 3) Authorizing a Fiscal Year 2025 Budget Adjustment to Establish an Appropriation in the Amount of $36,250 in the Vehicle Acquisition Fund; an d 4) Authorizing the City Manager to Approve Adjustments of up to $35,500 to the Not-To-Exceed Amounts for the Purchases as a 10% Contingency for Unforeseen Fluctuations in Pricing.” Motion carried by unanimous vote.

9.7 Authorizing the Purchase of a Ford -650 Truck with Rodding Machine and Associated Equipment for the Engineering & Public Works Streets & Wastewater Division
Adopted Resolution No. 2025-68.

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California , 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto Sourcewell Contract # 040924 -FSC with Federal Signal Corporation (Supply Partner for H aaker Equipment Company) for the Purchase of a 2026 Ford F-650 Gas Regular Cab Truck with Timberland S660 Rodding Machine and Associated Equipment in a Not -to-Exceed Amount of $537,000 for the Public Works Street and Wastewater Division; 2) Authorizing a Fiscal Year 2025 Budget Adjustment to Establish an Appropriation in the Amount of $37,000 in Both the Sewer Fund and the Vehicle Acquisition Fund; and 3) Authorizing the City Manager to Approve Adjustments of up to $53,700 to the Not- to-Exceed Amount as a 10% Contingency for Unforeseen Fluctuations in Pricing.” Motion carried by unanimous vote.

9.8 Awarding a contract to Wright Construction Engineering Corp for the Granger Avenue Storm Drain Project, CIP No. 25-05.

Adopted Resolution No. 2025-69.

Adopt a Resolution Entitled, “Resolution of the City of National City, California, 1) Awarding a Contract to Wright Construction Engineering Corp in the Not-to-Exceed Amount of $272,500 for the Granger Avenue Storm Drain Project, CIP No. 25-05; 2) Authorizing a 15 % Contingency in the Amount of $40,875 for any Unforeseen Changes; and 3) Authorizing the Mayor to Execute the Contract.” Motion carried by unanimous vote.

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9.9 Memorandum of Understanding Between the San Diego Unified Port District and the City of Nationa l City Regarding Grant Matching Funds for Construction of Segment 5 of the Bayshore Bikeway
Adopted Resolution No. 2025-70.

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Authorizing the Mayor to Execute a Memorandum of Understanding with the San Diego Unified Port District to Contribute Grant Matching Funds for Construction of the Bayshore Bikeway -- Segment 5 Project; and 2) Authorizing the Establishment of an Engineering Grants Fund Appropriation in the Amount of $2,000,000 and Corresponding Revenue Budget.” Motion carried by unanimous vote.

Vice-Mayor Bush left the dais at 7:36 p.m. and returned at 7:38 p.m.

Item pulled for discussion.

9.10 Third Amendment to the Agreement with Southwest Traffic Signal Service, Inc. for Traffic Signal and Streetlight Maintenance Services
Adopted Resolution No. 2025-71.

Public comment received from Thomas Rike.

Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of N ational City, California, Authorizing the Mayor to Execute a Third Amendment to the Agreement with Southwest Traffic Signal Service, Inc. to Extend the Agreement by One Year to June 30, 2026.”
ACTION: Motion by Councilmember Yamane, seconded by Councilmemb er Rodriguez to adopt the resolution.

Motion carried unanimously by Councilmembers present. Vice -Mayor Bush was absent.

Item pulled for discussion.

9.11 Third Amendment with San Diego Mechanical and Energy, Inc. for Facilities HVAC and Related Services
Adopted Resolution No. 2025-72.

Public comment received from Thomas Rike.

Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Execute a Third Amendment to the Agreement with San Diego Mechanical & Energy, Inc. to Extend the Agreement by One Year to June 30, 2026.”

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ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to adopt the resolution.

Motion carried by unanimous vote.

9.12 Temporary Use Permit –The Hope Event Hosted by First Family Community Church at Kimball Park on Saturday, August 16, 2025, from 3 p.m. to 8 p.m. with No Waiver of Fees.

Motion carried by unanimous vote.

Approve the Application for a Temporary Use Permit Subject to Compliance with All Conditions of Approval with No Waiver of Fees and in Accordance with City Council Policy 802.

Motion carried by unanimous vote.

Item pulled for discussion.

9.13 Warrant Register No. 42 for the Period of 4/11/25 through 4/17/25 in the Amount of $2,108,805.12.

Recommendation: Ratify Warrants Totaling $2,108,805.12.

ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Rodriguez to ratify the warrants for Item 9.13 and 9.14.

Item pulled for discussion.

9.14 Warrant Register No. 43 for the Period of 4/18/25 through 4/24/25 in the Amount of $2,859,040.17.

Recommendation: Ratify Warrants Totaling $2,859,040.17.

ACTION: Motion by Vice-Mayor Bush, seconded by Councilmember Rodriguez to ratify the warrants for Item 9.13 and 9.14.

10. PUBLIC HEARING

10.1 2025 Development Impact Fee Study and Update
Recommendation: Approve the continuance of this Public Hearing to the August 5, 2025 Regular City Council Meeting.

ACTION: Motion by Councilmember Molina, seconded by Councilmember Yamane to continue the item to the meeting of August 5, 2025.

Motion carried by unanimous vote.

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10.2 Public Hearing to Consider Confirming Weed Abatement Costs, Approving the Report and Accounting.

Approved Resolution No. 2025-73
Chief Mora introduced Fire Inspector Eddie Sanchez who presented the item.

Mayor Morrison opened the Public Hearing at 7:50 p.m.

Public comment was received from Thomas Rike.

ACTION: Motion by Councilmember Molina, seconded by Vice -Mayor Bush to close the Public Hearing.

Motion carried by unanimous vote.

Public Hearing closed at 7:52 p.m.

Recommendation: Hold the Public Hearing, take Public Comment, and Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Following a P ublic Hearing Pursuant to National City Municipal Code Chapters 1.36 (Abatement of Public Nuisances) and 9.12 (Abatement of Weeds and Other Fire Hazards) to Consider Confirming Weed Abatement Costs, Approving the Report and Accounting.”
Vice-Mayor Bush left the dais at 8:00 p.m. and returned at 8:01 p.m.

ACTION: Motion carried by Councilmember Yamane, seconded by Councilmember Rodriguez to adopt the resolution.

Motion carried by unanimous vote.

10.3 Public Hearing and Adoption of a Resolution Accepting the City of National City Sewer Tax Roll Fiscal Year 2025-2026 Report.

Adopted Resolution No. 2025-74
Director of Engineering/Public Works Stephen Manganiello introduced the item.

Mayor Morrison opened the Public Hearing at 8:06 p.m.

There was no public comment.

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

Motion carried by unanimous vote.

Public Hearing closed at 8:06 p.m.

Recommendation: Hold a Public Hearing and Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Accepting

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the City of National City Sewer Tax Roll Fiscal Year 2025 -2026 Report, Which Identifies by Parcel Number Each Parcel of Real Property Receiving Sewer Services and the Amount of Sewer Charges for Each Parcel for FY 2025/26 as Required by the California Health and Safety Code Section 5473, et seq ., Pertaining to Collection of Sewer Charges on the Tax Roll; 2) Directing the City Clerk to File the Report with the County of San Diego Auditor and Controller; and 3) Directing the Director of Public Works / City Engineer to Submit a Certification of the Sewer Service Charges to the County of San Diego Auditor and Controller.” ACTION: Motion by Councilmember Molina, seconded by Councilmember Yamane to adopt the resolution.

Motion carried by unanimous vote.

10.4 HUD 2025-2029 Five Year Consolidation Plan, 2025-2026 Annual Action Plan, and Fourth Amendment to Citizen and Community Participation Plan Adopted Resolution No. 2025-75
Director of Community Development Carlos Aguirre provided a report.

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

Public comment:

Ed Nieto
Thomas Rike
ACTION: Motion by Councilmember Rodriguez, seconded by Councilmem ber Molina to close the Public Hearing.

Motion carried by unanimous vote.

Public Hearing closed at 8:19 p.m.

Recommendation: Adopt the Resolution Entitled “Resolution of the City Council of the City of National City, California, Adopting the Fourth Amendment to the U.S.

Department of Housing and Urban Development (HUD) Citizen and Community Participation Plan, 2025 -2029 Five -Year Consolidated Plan, 2025 -2026 Annual Action Plan and the Allocation of 2025 -2026 HUD Entitlement Grant Funds and Program In come to Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs Proposed Activities.” ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Molina to adopt the resolution.

Motion carried by unanimous vote.

Vice-Mayor Bush left the dais at 8:19 p.m., and returned at 8:26 p.m.

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10.5 Second Substantial Amendment to the FY24 -25 HUD Annual Action Plan to Reallocate HOME Funds to Community Housing Development Organization Set - Aside.

Adopted Resolution No. 2025-76
Director of Community Development Carlos Aguirre provided a report.

Mayor Morrison opened the Public Hearing at 8:20 p.m.

Public comment was received from Ed Nieto.

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

Motion carried unanimously by those present. Vice-Mayor Bush was absent.

Recommendation: Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Adopting the Second Substantial Amendment to the 2024 -2025 U.S. Department of Housing and Urban Development Annual Action Plan to Reallocate $71,026.49 in Home Investment Partnerships Funds from Affordable Housing Activities Set-Aside to a Community Housing Development Organization Set-Aside.”
ACTION: Motion by Councilmember Yamane, seconded by Councilmember Rodriguez to adopt the resolution.

Motion carried unanimously by those present. Vice-Mayor Bush was absent.

11. STAFF REPORTS

11.1 Staff Report to Consider Potential Municipal Code Language Related to Short - Term Rentals.

Assistant Director of Community Development Martin Reeder provided a report.

One public comment was received from Ed Nieto.

Recommendation: Direct Staff to Bring Back an Ordinance for Introduction Adding Chapter 6.30 (Short-Term Rentals) to the Municipal Code.

ACTION: Motion by Councilmember Molina, seconded by Councilmember Rodriguez to return at a City Council meeting in August with an ordinance for the first reading with language to include no more than 160 city-wide short-term rental units and no more than 50 per district; and, that applicant’s primary residence must be located within the City and the rental unit must be within a certain distance from the main residence.

Motion carried by unanimous vote.

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11.2 City Manager Executive Recruitment Selection
Adopted Resolution No. 2025-77
Human Resources Director Lydia Hernandez provided a report.

Recommendation: Accept the Recommendation of the City Council Subcommittee and Adopt the Resolution Entitled, “Resoluti on of the City Council of the City of National City, California, Authorizing the Interim City Manager to Execute an Agreement with Ralph Andersen & Associates for Professional Recruitment Services.”
ACTION: Motion by Councilmember Yamane, seconded by Counc ilmember Rodriguez to focus on the City Manager position first and for the contract not to exceed $50,000.

Motion carried by unanimous vote.

11.3 Consideration of a Resolution Adopting a Budget for Fiscal Year 2025-2026 Adopted Resolution No. 2025-78
Director of Finance Bruce Foltz provided a report.

Public comment
Ed Nieto
Karen McManus
Jovita Arellano
Sherry Gogue
Joanne Fields
One written comment was received from Ted Godshalk.

Recommendation: Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Adopting a Budget for Fiscal Year 2025-2026.” ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Yamane to adopt the resolution.

Motion carried by unanimous vote.

11.4 Discussion Regarding RS-2 Residential Zoning
Assistant Director of Community Services Martin Reeder provided a report.

Vice-Mayor Bush left the dais at 9:59 p.m. and returned at 10:00 p.m.

Public Comment
Sandy Scheller
Luisa McCarthy
Micaela Polanco
Yvette

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Michael Aguirre
Maria Severson
Alexander Gutterud
At 10:40 p.m., Clerk Chapel reminded the City Council of Policy #104 that requires the City Council Meeting to be adjourned no later than 10:30 p.m. unless extended by Council vote. Mayor Morrison asked the City Council to consider extending the meeting beyond 10:30 p.m.

ACTION: Motion by Vice -Mayor Bush, seconded by Councilmember Yamane to extend the meeting to 11:30 p.m.

Motion carried unanimously.

Alisha Morrison
Doyle Morrison

Written comments received from Ashley Morrison and Doyle Morrison.

Recommendation: Discuss and Provide Staff Direction.

ACTION: Motion by Vice -Mayor Bush, seconded by Councilmember Molina to reject the request to down zone the property and not to provide a written response to the request to do so.

Motion carried by 3-2 vote.

Ayes: Molina, Bush, Morrison
Nays: Rodriguez, Yamane
In accordance with City Council Policy 104, remaining speakers for Item 5 provided public comment.

In-person comment
Alisha Morrison
Maria Severson
Alexander Gutterud
Michael Aguirre
Luisa McCarthy
At 11:30 p.m., Mayor Morrison asked the City Council to consider extending the meeting to discuss the remainder of the agenda.

ACTION: Motion by Vice -Mayor Bush, seconded by Councilmember Rodriguez to extend the meeting to 11:45 p.m.

Motion carried unanimously.

Micaela Polanco
Sandy Scheller
Doyle Morrison

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12. CITY MANAGER’S REPORT
No report.

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

14. CITY ATTORNEY REPORT
Mayor Morrison introduced City Attorney Schultz who reported on Closed Session agenda Items 5.1, 5.2, 5.3, and 6.1.

Items 5.1 and 5.2 the Council provided direction for an upcoming mediation.

Item 5.3 – no reportable action.

Item 6.1 – The City Council provided the labor negotiators with direction.

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

Superior Court of California, County of San Diego
Case Number: 37-2023-00012507-CU-WM-CTL

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

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

5.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Name of Case: Cummins v City of National City et al.

San Diego Superior Court
Case No. 37-2022-00004671-CU-OE-CTL

6.1 CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Employee Organizations:

Municipal Employees’ Association (SEIU, Local 221),
National City Firefighters Association (Local 2744), and Police Officers Association (POA)
Unrepresented Groups: Executive, Confidential,
and Management
Agency Designated Representatives:

Steven Berliner (Labor Negotiator)
Scott Huth (Interim City Manager)
Bruce Foltz (Finance Director)
Paul Valadez (Budget Manager - Finance)
Lydia Hernandez (Human Resources Director)

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15. ADJOURNMENT
Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, August 5, 2 025, 5:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California.

The meeting adjourned at 11:51 p.m.

___________________________
Tonya Hussain, CMC, Deputy City
Clerk
The foregoing minutes were approved at the Regular Meeting of August 5, 2025.

___________________________
Ron Morrison, Mayor

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AGENDA REPORT

Department: Library
Prepared by: Danielle Ghio, Director of Library Services Meeting Date: Tuesday, August 5, 2025
Approved by: Scott W. Huth, Interim City Manager

SUBJECT:

Acceptance of Donation from the Fleet Science Center and Authorization of a Corresponding Budget Adjustment in the Library Fund

RECOMMENDATION:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing, in Accordance with City Council Policy No. 204, the Acceptance of the Donation of $15,000 from the Fleet Science Center, and Authorizing the Establi shment of a Corresponding Appropriation in the Library Fund for Library Programs that Promote STEAM Education and Community Engagement.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

National City’s library services are vital community resources that support education, literacy, and lifelong learning. To enhance these services, the Fleet Science Center has committed to donating $15,000 in support of library programs that promote STEAM (Science, Technology, Engineering, Arts, Math) education and community engagement.

The Fleet Science Center is a non-profit organization dedicated to fostering curiosity and learning through interactive science exhibits, educational programs, and outreac h initiatives. Their donation will directly support the expansion and enhancement of library programs, including workshops, STEAM activities, and special events designed to engage residents of all ages.

The donation of $15,000 includes funds intended for program materials, supplies, and outreach efforts. The funds will be utilized to develop new programs and purchase educational resources for expanded activities at the National City Library.

FINANCIAL STATEMENT:

If the resolution is adopted, the Library Fund budget would be adjusted as follows:

Revenue Account 104-86-41-41100-3637- Donations +$15,000 Expenditure Account 104-86-41-41100-7399- Materials and Supplies +$15,000

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library

ENVIRONMENTAL REVIEW:

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

CCR15378; PRC 21065.

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PUBLIC NOTIFICATION:

The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act

ORDINANCE:

Not Applicable

EXHIBIT:

Exhibit A - Resolution

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RESOLUTION NO. 2025 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING, IN ACCORDANCE WITH CITY COUNCIL POLICY NO. 204, THE ACCEPTANCE OF THE DONATION OF $15,000 FROM THE FLEET SCIENCE CENTER AND

AUTHORIZING THE ESTABLISHMENT OF A CORRESPONDING APPROPRIATION IN THE

LIBRARY FUND FOR LIBRARY PROGRAMS THAT PROMOTE STEAM EDUCATION AND

COMMUNITY ENGAGEMENT

WHEREAS, the Fleet Science Center has committed to donating $15,000 in support of library programs that promote STEAM (Science, Technology, Engineering, Arts, Math) education and community engagement; and

WHEREAS, this donation will support the development of new programs and purchase of educational resources for expanded activities at the National City Library; and

WHEREAS, the donation includes funds designated for program materials and outreach efforts; and

WHEREAS, the City Council desires to accept this donation and utilize these funds to support the enhancement of library programs in accordance with city policies.

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 donation of $15,000 from the Fleet Sc ience Center to support library programs and authorizes the establishment of an appropriation and corresponding revenue budget in the amount of $15,000 in the Library Fund to fund program enhancements associated with this donation.

Section 2: That the Ci ty Manager or his designee is hereby authorized to execute any necessary agreements and take all necessary actions to implement the terms of this donation.

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

PASSED and ADOPTED this 5th day of August, 2025.

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: Fire Department
Prepared by: Walter Amedee, Emergency Manager
Meeting Date: Tuesday, August 5, 2025
Approved by: Scott W. Huth, Interim City Manager

SUBJECT:

Agreement Between the City of San Diego Office of Emergency Services and the City of National City for the Distribution of FY24 Urban Area Security Initiative (UASI) Grant Funds.

RECOMMENDATION:

Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California (1) Authorizing the Mayor to Execute an Agreement between the City of San Diego Office of Emergency Services and the City of National City and (2) Authorizing the Establishment of an Appropriation and Corresponding Revenue Budget in the Amount of $ 507,211 Based on the Fiscal Year 202 4 Urban Area Security Initiative (“UASI”) Grant for the Reimbursable Grant Purchase of Training and Equipment for the National City Police and Fire Departments.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

This Agreement documents the roles, responsibilities, and expectations at the local, state, and federal levels and ensures that the City of National City, as a participant in the program, agrees to meet state and federal requirements. The UASI grant provi des funding for equipment, planning, and training needed to respond to natural or human-made disasters or terrorism incidents that may occur in the San Diego urban area. This grant program requires the City to incur expenses for training and equipment for police and fire personnel, and then apply for reimbursement. This Agreement requires sub -recipient indemnification and as such needs the City Council’s approval.

This request authorizes the establishment of an appropriation and corresponding revenue budget in the amount of $507,211.00 from the FY24 UASI Grant Funds. The appropriation will be used for Basic Close Quarters Training for SWAT personnel, Fresno Training Symposium, Rope Rescue Awareness, Low Angle Rope Rescue Operations Training for Fire personnel, and a Lenco Bearcat Armored Rescue Vehicle . The grant deadline to submit reimbursement requests is December 15, 2026.

FINANCIAL STATEMENT:

Expenditure Account:
282-70-21-21726-7226- Training, Travel & Subsistence - $42,000.00 282-70-22-22726-7226- Training, Travel & Subsistence - $19,200.00 282-70-21-21726-7518- Public Safety Equipment- $446,011.00

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Revenue Account:
282-70-21-21726-3463- $42,000.00
282-70-22-22726-3463- $19,200.00
282-70-21-21726-3463- $446,011.00

No City match required.

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:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Agreement
Exhibit B - Resolution

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FY 24 UASI – SUBRECIPIENT Page 16 of 19 September 1, 2024

10.9 Successors; No Third-Party Beneficiar
ies. Subject to the terms of Article 8, the terms of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or entity (other than the parties hereto and their respective successors and assigns and, in the case of Article 6, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenants, conditions, or provisions contained herein.

10.10 Survival of Terms. The obligations of SUBRECIPIENT and the terms of the following provisions of this Agreement shall survive and continue following expiration or termination of this Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Standard Assurances of Appendix B.

10.11 Further Assurances. From and after the date of this Agreement, SUBRECIPIENT agrees to do such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement and to carry out the purpose of this Agreement in accordance with this Agreement.

10.12 Disclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (P.L. 110-252), full disclosure to the public of entities or organizations receiving federal funds is now required. As defined by the Office of Management and Budget (OMB), all new Federal awards of $25,000 or more as of October 1, 2010, are subject to FFATA reporting requirements. The Transparency Act definition of “Federal awards” includes not only prime awards for grantees, cooperators, and contractors, but also awards to sub-recipients. If applicable, SUBRECIPIENT must provide the following information on SUBRECIPIENT letterhead within 30 days of receipt of this Agreement.

The Total compensation and names of the top five executives if:
a) 80% or more of annual gross revenues are from Federal awards (contracts, sub-contracts and Federal financial assistance), and $25,000,000 or more in annual gross revenues from Federal awards; and,
b) Compensation information is not already available through reporting to the Securities and Exchange Commission.

10.13 Cooperation with UASI Programs and Activities.
(a) Subject to reasonable terms and conditi ons, SUBRECIPIENT agrees to participate in UASI-sponsored exercises, and to make available equipment acquired with Grant Funds for use as part of such exercises.
(b) To the extent permitted by law, SUBRE CIPIENT agrees to shar e with the Approval
Authority informational work products (such as plans, reports, data, etc.) created or acquired using Grant Funds.
(c) To appro priately recognize the regional collaborative nature of grant funded planning projects, all groups, individuals and jurisdictions who contributed to and/or participated in the planning process shall be properly and clearly acknowledged in the final deliverable.

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FY 24 UASI – SUBRECIPIENT Page 17 of 19 September 1, 2024 ARTICLE 11
I

NSURANCE

11.1 Types and Amounts of Coverage. Without limiting SUBRECIPIENT’s liability pursuant to Article 6 of this Agreement, SUBRECIPIENT shall maintain in force, during the full term of the Agreement, insurance in the following amounts and coverages:
(a) Workers’ Compensation, in statutory amounts, with Employers’ Liability Limits not less than $1,000,000 each accident, injury, or illness; and (b) Commercial General Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; and (c) Commercial Automobile Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non- Owned and Hired auto coverage, as applicable.

11.2 Additional Requirements for General and Automobile Coverage. Commercial General Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide:
(a) Name as Additional Insured the City and County of San Diego, its Officers, Agents, and Employees.
(b) That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies separately to each insured against whom claim is made or suit is brought.

11.3 Additional Requirements Regarding Workers' Compensation. Regarding Workers’ Compensation, SUBRECIPIENT hereby agrees to waive subrogation which any insurer of SUBRECIPIENT may acquire from SUBRECIPIENT by virtue of the payment of any loss.

SUBRECIPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the SUBRECIPIENT, its employees, agents and subcontractors.

11.4 Additional Requirements for All Policies. All policies shall provide thirty days’ advance written notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any reason.

Notices shall be sent to the City address in Article 9, Notices and Other Communications.

11.5 Required Post-Expiration Coverage. Should any of the required insurance be provided under a claims-made form, SUBRECIPIENT shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the effect that, should occurrences during the Agreement term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims-made policies.

11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.

Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above.

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11.7 Lapse in Insurance. Should any required insurance lapse during the term of this Agreement,
requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion, until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement effective on the date of such lapse of insurance.

11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under this Agreement, SUBRECIPIENT shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.

11.9 Effect of Approval. Approval of the insurance by City shall not relieve or decrease the liability of SUBRECIPIENT hereunder.

11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor will be used to complete any portion of this Agreement, SUBRECIPIENT shall ensure that the subcontractor shall provide all necessary insurance and shall name the City and County of San Diego, its officers, agents and employees and the SUBRECIPIENT as additional insureds.

11.11 Authority to Self-Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from self- insuring all or part of the insurance requirement in this Article. However, SUBRECIPIENT shall provide proof of self-insurance, in a form acceptable to San Diego, in the amounts of each line of self-insurance.

ARTICLE 12

COMPLIANCE

12.1 Compliance with Assembly Bill 481 Assembly Bill 481 (AB-481), codified in California Government Code sections 7070 – 7075, requires law enforcement agencies to obtain approval of the applicable governing body (Mayor, City Council, Board of Supervisors, etc.) by adoption of a military equipment use policy, prior to acquiring, seeking funding for, continuing to use, or collaborating with another law enforcement agency in the use of military equipment, as defined. AB-481 also requires publication of a military equipment use procedure and the annual military equipment report on the Agency’s website.

12.2 Applicability of Current Laws and Guidance. All compliance obligations in this Agreement, including but not limited to those related to nondiscrimination and equipment policies, shall be interpreted and enforced in accordance with applicable federal, state, and local laws, regulations, and official guidance in effect at the time this Agreement is executed. In the event that such laws or guidance are amended, repealed, or replaced during the term of this Agreement, SUBRECIPIENT and the City shall work in good faith to modify this Agreement, as necessary, to remain in compliance with then-current requirements.

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As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

The requirements outlined in these assurances apply to Applicant and any of its subrecipients.

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

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.) and adopted by the Department of Homeland Security (DHS) at 2 C.F.R. Part 3002.10. Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

In the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:

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(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.

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

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

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(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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

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

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

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(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (4)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

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

5. Non-Discrimination and Equal Employment Opportunity The Applicant will comply with all state and federal statutes relating to non- discrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), whichprohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units — i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) — be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);

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(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) DHS policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in
6 C.F.R. Part 19;
(l) The California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

Civil Rights Policies for Program Beneficiaries and Subrecipients of DHS funding, pertaining to the following are available on the Cal OES website:
• Non-discrimination in Programs & Services
• Reasonable Accommodation for Program Beneficiaries
• Language Access Policy

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

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

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(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and
(m)The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

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

8. Audits
For subrecipients expending $1,000,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and C.F.R., Part 200, Subpart F Audit Requirements.

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

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

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

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12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.

Part 25, Appendix A.

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

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

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

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

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17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

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

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

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
The Applicant must coordinate with appropriate government authorities when performing project activities outside the United States and obtain all appropriate licenses, permits, or approvals.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of the PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as a useful resource.

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24. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.

25. Duplicative Costs
Applicants are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)).

However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions.

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

27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.

Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers:
(a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation- policy/certificated-air-carriers-list) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

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

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

31. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.

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

33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity andPerformance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the

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government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

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

36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.

37. Performance Goals (HSGP and NSGP)
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project. The capability gap reduction must be addressed in the Project Description of the BSIR for each project.

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

39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:

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Non-Disaster Preparedness Grant Programs
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.

The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.

40. E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing.

Page 14 of 15 ends

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FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs

IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.

Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.

Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

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

All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the DHS Standard Terms and Conditions 2024, Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.

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

Applicant:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

Page 15 of 15 ends

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Jurisdiction: Expenditure Period:

Date:

Grant: FY24 UASI Grant #2024-0088
CalOES #073-66000 CFDA #97.067
Course
Delivery (Tuition
/ Registration /
Materials)
Overtime &
Backfill
Travel (Minus
Tuition /
Registration /
Total EMA EMS FS GA HZ LE PH PSC PW Total
- $ 0
- $ 0
- $ 0
- $ 0
- $ 0
- $ 0
- $ 0
- $ 0
Total - $ - $ -$ -$ 0 0 00000 00 0 Office of Emergency Services
FY24 Urban Area Security Initiative Grant Program
Training/Exercise Costs Detail Worksheet
Attendee Breakdown by Discipline
NOTE: O.T. fringe benefits are limited to FICA, Worker's Compensation and Unemployment Compensation. Each jurisdiction must ensure that reimbursement requests do not include any other O.T. fringe benefit expenditures. Other fringe benefit costs must be absorbed by the jurisdiction.

Page 71 of 383 ends

Grant: FY24 UASI Grant #2024-0088
CalOES #073-66000 CFDA #97.067
Cash Request # through
Total Salary &
Benefits
Charged for this
Reporting
Period
Hourly/Billing
Rate
Total Project
Hours
- $
- $
- $
- $
- $
- $
- $
- $
- $
- $
- $
- $
- $
- $
- $
- $
- $
- $
- $
- $
- $
Expenditure
Category
Period of
Expenditure
Total
Charged to
Grant
Discipline
Billable Hour Breakdown
(Performance Period Start Date)
Project
Number Consulting Firm Project & Description of Services Deliverable Solution Area (Performance Period End Date)

CONSULTANT / CONTRACTOR
Office of Emergency Services
FY24 Urban Area Security Inititive Grant Program

Page 72 of 383 ends

Grant: FY24 UASI Grant #2024-0088
CalOES #073-66000 CFDA #97.067
Cash Request # through
Backfilling For
Total Salary &
Benefits
Charged for this
Reporting
Period
Hourly Rate Overtime
Rate
Total Project
Hours
-$ -$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
Office of Emergency Services
FY24 Urban Area Security Inititive Grant Program

PERSONNEL
(Claim Period of Expenditure Start Date)
Project
Number Employee Name Project/Deliverable Discipline Solution Area Period of Expenditure
Billable Hour Breakdown
Total Charged
to Grant
(Claim Period of Expenditure End Date)

Page 73 of 383 ends

Date Total
Breakfast -
Lunch -
Dinner -
Snack -
Tips -
Total Meals - - - - - - - - - - - - - - GSA Per Diem Meals & Inc Exp. Max -
Reimbursable Meal Amount - - - - - - - - - - - - - - -
Lodging Paid including taxes and fees -
GSA Per Diem Lodging (excluding taxes & fee) -
Reimbursable Lodging w taxes and
fees - - - - - - - - - - - - - - Mileage -
Airfare -
Registration -
Parking -
Taxi -
Total Reimbursable for - - - - - - - - - - - - - - Total Reimbursable for -
Date Total
Breakfast -
Lunch -
Dinner -
Snack -
Tips -
Total Meals - - - - - - - - - - - - - - GSA Per Diem Meals & Inc Exp. Max -
Reimbursable Meal Amount - - - - - - - - - - - - - - -
Lodging Paid including taxes and fees -
GSA Per Diem Lodging (excluding taxes & fee) -
Reimbursable Lodging w taxes and
fees - - - - - - - - - - - - - - Mileage -
Airfare -
Registration -
Parking -
Taxi -
Total Reimbursable for - - - - - - - - - - - - - - Per Diem Expenses for (Employee Name) (Name of Event)
Per Diem Expenses for (Employee Name) (Name of Event)

Page 74 of 383 ends

Total Reimbursable for -
Date Total
Breakfast -
Lunch -
Dinner -
Snack -
Tips -
Total Meals - - - - - - - - - - - - - - GSA Per Diem Meals & Inc Exp. Max -
Reimbursable Meal Amount - - - - - - - - - - - - - - -
Lodging Paid including taxes and fees -
GSA Per Diem Lodging (excluding taxes & fee) -
Reimbursable Lodging w taxes and
fees - - - - - - - - - - - - - - Mileage -
Airfare -
Registration -
Parking -
Taxi -
Total Reimbursable for - - - - - - - - - - - - - - Total Reimbursable for -
Date Total
Breakfast -
Lunch -
Dinner -
Snack -
Tips -
Total Meals - - - - - - - - - - - - - - GSA Per Diem Meals & Inc Exp. Max -
Reimbursable Meal Amount - - - - - - - - - - - - - - -
Lodging Paid including taxes and fees -
GSA Per Diem Lodging (excluding taxes & fee) -
Reimbursable Lodging w taxes and
fees - - - - - - - - - - - - - - Mileage -
Airfare -
Registration -
Parking -
Taxi -
Total Reimbursable for - - - - - - - - - - - - - - Total Reimbursable for -
Per Diem Expenses for (Employee Name) (Name of Event)
Per Diem Expenses for (Employee Name) (Name of Event)

Page 75 of 383 ends

Date Total
Breakfast -
Lunch -
Dinner -
Snack -
Tips -
Total Meals - - - - - - - - - - - - - - GSA Per Diem Meals & Inc Exp. Max -
Reimbursable Meal Amount - - - - - - - - - - - - - - -
Lodging Paid including taxes and fees -
GSA Per Diem Lodging (excluding taxes & fee) -
Reimbursable Lodging w taxes and
fees - - - - - - - - - - - - - - Mileage -
Airfare -
Registration -
Parking -
Taxi -
Total Reimbursable for - - - - - - - - - - - - - - Total Reimbursable for -
Date Total
Breakfast -
Lunch -
Dinner -
Snack -
Tips -
Total Meals - - - - - - - - - - - - - - GSA Per Diem Meals & Inc Exp. Max -
Reimbursable Meal Amount - - - - - - - - - - - - - - -
Lodging Paid including taxes and fees -
GSA Per Diem Lodging (excluding taxes & fee) -
Reimbursable Lodging w taxes and
fees - - - - - - - - - - - - - - Mileage -
Airfare -
Registration -
Parking -
Taxi -
Total Reimbursable for - - - - - - - - - - - - - - Total Reimbursable for -
Per Diem Expenses for (Employee Name) (Name of Event)
Per Diem Expenses for (Employee Name) (Name of Event)

Page 76 of 383 ends

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Proj Vendor Invoice # Invoice Date AEL# Cost Freight Tax Rate Tax Amt Total Cost Disallowed Claim
Amount Comment
- - -
- - -
- - -
- - -
- - -

TOTAL AEL - - - - - - - - -
- - -
- - -

TOTAL AEL - - - - - - - - -
- - -
- - -
- - -

TOTAL AEL - - - - - - - - -
- - -
- - -

TOTAL AEL - - - - - - - TOTAL - $ - $ - $ - $ - $ - $ - $ TOTAL CLAIM - $

CASH REQUEST INVOICE DETAIL BREAKDOWN
GRANT:

JURISDICTION: CASH REQUEST #
S:\OHS\Finance & Administration\Grants\Reimbursement Process\Forms for Jurisdictions to Request Reimbursement\FY24 UASI Reimbursement Request Forms & Checklists 10 of 10Page 78 of 383 UASI FY24 PERFORMANCE PERIO

D EXTENSION REQUEST
FY24 UASI Performance Period Ex
tension Request
City of San Diego Office of Emergency Services

PERFORMANCE PERIOD EXTENSION

REQUEST
S u b r e c
i p i e n t N a m e :

UASI FY: 24 UASI
P r o j e c
t :

Project Title:

Total Amount Allocated:

Amount Expended:

Original Performance Period Deadline:

Requested New Performance Period Deadline (final reimbursement claim due on this date):

1. Describe the details of the project:

2. What is the current status of the project?

3. Please provide a timeline as to how you will meet the new requested date:

4. How have you analyzed your errors in the initial timeline? What are the reasons why the project is late?

5. How have you improved your planning and project management process to avoid future delays if this request is granted? What plans and documentation do you have in place to guarantee the requested deadline will be met?

6. List and describe all equipment with costs and AEL #s:

Equipment & Description Cost AEL
number
PROJECT #--:

TOTAL
PROJECT #--:

TOTAL
$SSHQGL['

Page 79 of 383 ends

UASI FY24 PERFORM

ANCE PERIOD EXTENSION REQUEST
FY24 UASI Performance P
eriod Extension Request
PROJECT #--:

TOTAL
PROJECT #--:

TOTAL
All Investments TOTAL

Page 80 of 383 ends

RESOLUTION NO. 2025 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, (1)

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN DIEGO OFFICE OF EMERGENCY SERVICES AND THE CITY OF NATIONAL CITY AND (2)

AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $ 507,211 BASED ON THE FISCAL YEAR 202 4 URBAN AREA SECURITY INITIATIVE (“UASI”) GRANT FOR THE REIMBURSABLE GRANT

PURCHASE OF TRAINING AND EQUIPMENT FOR THE NATIONAL CITY POLICE AND FIRE

DEPARTMENTS

WHEREAS, the United States Department of Homeland Security (“DHS”) designated the City of San Diego as an eligible high -risk urban area through an analysis of the relative risk of terrorism; and

WHEREAS, the San Diego Urban Area (“SDUA”) was established for the purpose of the application for an allocation and distribution of Federal Urban Areas S ecurity Initiative (“UASI”) program grant funds; and

WHEREAS, the San Diego County Unified Disaster Council established a collaborative subcommittee called the Urban Area Working Group (“UAWG”); and

WHEREAS, the UAWG was established as the “Approval Au thority” for the SDUA and was also established to (1) provide overall governance of the Homeland Security grant program across the SDUA; (2) coordinate development and implementation of all UASI program initiatives; and (3) to ensure compliance with all UASI program requirements; and

WHEREAS, the distribution of Fiscal Year 202 4 UASI Grant Funds Agreement ensures the roles, responsibilities, and expectations at the local, state, and federal levels, and ensures that the City of National City, as a grant pro gram participant, agrees to meet state and federal requirements; and

WHEREAS, pursuant to grant allocation decisions by the UAWG, the UASI Management Team asked the City of San Diego to distribute a portion of the regional UASI grant funds to sub- recipients, such as the City of National City; and

WHEREAS, the National City Fire and Police Department will receive a total appropriation and corresponding revenue budget in the amount of $ 507,211.00 from the FY 2024 UASI grant fund; and

WHEREAS, the City of National City Fire and Police Department will use the appropriation for the following: Basic Close Quarters Training for SWAT personnel, Fresno Training Symposium, Rope Rescue Awareness, Low Angle Rope Rescue Operations Training for Fire personnel, and a Lenco Bearcat Armored Rescue Vehicle; and

WHEREAS, the grant deadline to submit reimbursement requests is December 15, 2026.

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

Section 1: Authorizes the Mayor to execute the Agreement between the City of San Diego Office of Emergency Services and the City of National City for the distribution of FY 202 4 UASI Grant Funds attached to the Agenda Report as Exhibit A.

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Section 2: Authorizes the establishment of an appropriation and corresponding revenue budget in the amount of $507,211.00 based on the FY 2024 Urban Area Security Initiative (UASI) grant for the reimbursable grant purchase of equipment and training for the National City Police and Fire Departments.

Section 3. 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 5th day of August, 2025.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

__
Barry J. Schultz, City Attorney

Page 82 of 383 ends

AGENDA REPORT

Department: Engineering & Public Works
Prepared by: Ricardo Rodriguez, Assistant Engineer-Civil Meeting Date: Tuesday, August 5, 2025
Approved by: Scott W. Huth, Interim City Manager

SUBJECT:

Amendment to Restricted Grant Agreement with the State of California Department of Transportation for the Clean California Local Grant Program for the National City Eastside I -805 Community Greenbelt Project CIP No. 22-09.

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On February 1, 2022, the City of National City (City) submitted a Clean California Local Grant Program grant application in the amount of $4,998,761 for the National City Eastside I -805 Community Greenbelt Project, CIP 22-09. The project, which provides a combination of public right-of-way, multi-use path, and local park improvements, is located to the east of and parallel to Interstate 805 between Division Street and 4th Street, continuing along neighborhood streets to Plaza Boulevard. The project implemented a greenbelt connecting the neighborhoods on the east side of Interstate 805, north of Division Street , to El Toyon Elementary School, Rancho de la Nacion Elementary School, El Toyon Park, and local shopping centers. Project improvements include new paved paths for bikes and pedestrians, traffic calming measures, lig hting, landscaping, fencing, educational signage, and pedestrian plaza with public art elements at the corner of Euclid Avenue and Plaza Boulevard paying tribute to Filipino American heritage in National City.

On March 8, 2022, the State of California Department of Transportation (Caltrans) notified the City that the National City Eastside I -805 Community Greenbelt Project had been awarded full funding in the amount of $4,998,761, with a $20,000 in-kind contribution from the City, for a total project cost of $5,018,761.

On June 21, 2022, City Council, per Resolution No. 2022 -114, accepted the Clean California Local Grant Program grant in the amount of $4,998,761 for the project and authorized the execution of a Restricted Grant Agreement (Agreement) with Caltrans. The period of performance to deliver the project was originally set to end on December 31, 2024 and required that all work be completed by June 30, 2024.

Page 83 of 383 ends

During the design phase of the project, City staff and project team members worked closely with Caltrans staff to modify the project alignment near El Toyon Park due to right-of-way constraints and other constructability challenges. Design was finalized in late 2023, then construction began in early 2024 and was substantially completed in Spring 2025.

The changes to the project scope and extent of the improvements did not preclude the project from meeting the grant goals and outcomes that the City originally o utlined. This amendment is needed to document the project scope changes and formalize the extension of the Agreement through December 31, 2025, with the requirement that all work must be completed by June 30, 2025, to allow for full reimbursement of eligible project expenditures.

FINANCIAL STATEMENT:

Amendment does not result in any changes to grant funding or the need to establish new appropriations.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Transportation Choices and Infrastructure

ENVIRONMENTAL REVIEW:

A Categorical Exemption was filed with the County Recorder’s Office in compliance with CEQA requirements.

PUBLIC NOTIFICATION:

The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Executed Grant Agreement
Exhibit B – Grant Amendment
Exhibit C – Project Site Map
Exhibit D – Resolution

Page 84 of 383 ends

City of National City
Agreement Number CCL-5066-051
AMS ADV ID: 1122000206

Page 1 of 19 ends

Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the City of National City, hereinafter referred to as AGENCY, will commence on May 15, 2022, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS.

AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on December 31, 2024.

Recitals

1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.

2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.

Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:

Section I
AGENCY Agrees:

To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA.

Section ll
CALTRANS Agrees:

That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.

Section lII
It Is Mutually Agreed:

1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program.

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City of National City
Agreement Number CCL-5066-051
AMS ADV ID: 1122000206

Page 2 of 19 ends

2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.

3. AGENCY shall perform all the duties and obligations described in the National City Eastside I-805 Community Greenbelt Project, hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.

4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.

5. AGENCY is not requesting an advance payment pursuant to California Streets and Highways Code section 94.41(e).

6. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).

California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”

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City of National City
Agreement Number CCL-5066-051
AMS ADV ID: 1122000206

Page 3 of 19 ends

7. Project funding is as follows:

Fund Title Fund Source Dollar Amount
Clean California Local Grant
Funds
State General Fund (0001)
Budget Item 2660-130-001
State Program Code

20.30.010.900
FY 2021/22
FY2022/231
$1,249,690.00
$3,749,071.00
Cash Local Match Agency Provided $0.00
Value of Third-Party In-Kind
Contributions
Agency Provided $20,000.00
Total of other fund sources
(not in-kind contributions)
Agency Provided $0.00
Total Project Costs $5,018,761.00
No in-kind contributions may be made unless the amount and type of the contribution is identified above.

For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.

Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified

8. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.

Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.

9. Notification of Parties
a. AGENCY’s Project Manager for Project is Roberto Yano, (619) 336-4380. b. CALTRANS’ Contract Manager is Erwin Isidro, (619) 985-2697. “Contract Manager” as used herein includes his/her designee.
c. All
notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their r
espective addresses:

CITY

OF NATIONAL CITY
Attention: Roberto Yano, Public Works Director, City Engineer Phone Number:
(619) 336-4380
Email: [email protected]
1243 National City Blvd.

National City, California 91950
Type text here
05/16/2022
$4,998,761.00
Jennie Yee

Page 87 of 383 ends

City of National City
Agreement Number CCL-5066-051
AMS ADV ID: 1122000206

Page 4 of 19 ends

California Department of Transportation
District 11, Division of Planning and Local Assistance
Attention: Erwin Isidro, Area Engineer/ Transportation Engineer Phone Number: (619) 985-2697
Email: [email protected]
Address: 4050 Taylor Street, San Diego, CA 92110

10. P
eriod of Performance
a. Reimbursable work under this RGA shall begin no earlier than on May 15, 2022, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than June 30, 2024.

Project closeout and final invoicing to CALTRANS must be submitted no later than November 1, 2024. W
ork incurred after June 30, 2024 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2024. Notwithstanding the f
oregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through N
ovember 1, 2024 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS Contract Manager, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.

11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.

12. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $4,998,761.00.
b. It is agreed and understood that the CCLGP funds are limited to the amount granted.

CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS Contract Manager at or below that fund limitation established herein.

13. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the te
rms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.

AGENCY shall return any unused advance amounts which cannot be supported by eligible ex
penditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination.

Page 88 of 383 ends

City of National City
Agreement Number CCL-5066-051
AMS ADV ID: 1122000206

Page 5 of 19 ends

c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.

Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.

14. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.

In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. The certification of FY 2022/23 funds will be contingent upon the passage of the FY 2022/23 Budget. Payment for any work performed that is funded by FY 2022/23 will be delayed if the FY 2022/23 Budget is not signed by June 30, 2022. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect.

c. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount.

15. Payment and Invoicing
a. AGENCY, its contractors, subcontractors and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY.

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c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.

Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS Contract Manager. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS Contract Manager , as stated in Section III–Notification of Parties, Item 8c. g. Invoices shall include the following information:
1) Names of the AGENCY personnel performing work
2) Dates and times of Project Work
3) Locations of Project Work
4) Itemized costs as set forth in Attachment III, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
h. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.

Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12.
i. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.

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j. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until November 1, 2024 to make final allowable payments to Project contractors or vendors, and submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor. k. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2024.

16. Local Match Funds
a. AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or quarterly basis. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted and identified under this RGA, Section III–Project Funding, Item 6, the contributions may be counted as cash only when they are actually received by the AGENCY and confirmed by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds and in-kind contributions will be made or allowed only for work performed on and after the initial date of this Agreement and on or before June 30, 2024.
b. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment III. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found in the Grant Program Guidelines (Attachment I); but AGENCY must fully satisfy the local cash and in-kind match amount and percentage identified in Section III, Paragraph 7 with the final invoice.

17. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.

18. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable.

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c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dot- media/programs/local-assistance/documents/lapm/ch05.pdf e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.

19. Americans with Disabilities Act
By signing this Agreement, LOCAL AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).

20. Iran Contracting Act
Proposed Contractor must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List- Folder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.

21. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.

It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.

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b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.

22. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.

23. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

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b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.

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24. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.

25. INTENTIONALLY DELETED

26. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CALTRANS Contract Manager unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.

Copies of all agreements with sub-recipients, contractors, and subcontractors, must be submitted to the CALTRANS Contract Manager.
d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior authorization in writing by the CALTRANS Contract Manager shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III– Payment and Invoicing, Item 14(e)(4), above.

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f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14c, above.

27. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.

28. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

29. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:

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1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS Contract Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).

30. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process.
b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

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31. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-of- Way (“Artwork”) Created or Produced for Project
a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:

i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this

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RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

32. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non- exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.

33. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to

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City of National City
Agreement Number CCL-5066-051
AMS ADV ID: 1122000206

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promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.

34. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at
https://dot.ca.gov/programs/design/lap-landscape-architecture-and- community-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork.

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City of National City
Agreement Number CCL-5066-051
AMS ADV ID: 1122000206

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c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-of- way.

35. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, Contractor’s indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.

36. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS Contract Manager

37. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS Contract Manager no later than November 1, 2024.

CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS Contract Manager. c. Payments shall be forfeit if invoices are submitted after November 1, 2024.

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City of National City
Agreement Number CCL-5066-051
AMS ADV ID: 1122000206

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38. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.

39. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.

40. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:

I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.

41. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.

42. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.

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City of National City
Agreement Number: CCL-5066-051-A2
AMS ADV ID: 1122000206

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Clean California Local Grant Program (State)
Amendment to Restricted Grant Agreement
Amendment Number 2 (“Amendment”)

This Amendment will commence on December 30, 2024, once approved by the Department of Transportation (CALTRANS), and it amends the Restricted Grant Agreement (RGA) executed between the CITY OF NATIONAL CITY, hereinafter referred to as AGENCY, and CALTRANS, as set forth below:

Background: The AGENCY has experienced schedule delays for the National City Eastside I-805 Community Greenbelt project due to the need to revise the project’s alignment outside of CALTRANS's right-of-way. Additionally, the extensive permitting requirements, constructability, and maintenance responsibilities necessary for improvements made within the CALTRANS right-of-way resulted in the need to modify the grant to reflect achievable project elements.

The AGENCY is approved for a 12-month time extension and modifications to the scope, schedule, project outcomes, and budget as defined in the attached documents.

The AGENCY will complete construction and have all project components open to the public on or before June 30, 2025, and the project closeout will be completed by December 31, 2025.

Agreement Section Amended Text
RGA CCL-5066-051
• This RGA shall expire on December 31, 2024
• Section 10(a) - All reimbursable work shall
terminate no later than June 30, 2024. Project
closeout and final invoicing to CALTRANS must
be submitted no later than November 1, 2024.

Work incurred after June 30, 2024 will not be
reimbursed. Payment shall be forfeit for any and
all invoicing submitted to CALTRANS after
November 1, 2024. Notwithstanding the
foregoing, Caltrans will reimburse for actual
close out costs incurred by AGENCY through
November 1, 2024 (which, in total, shall not
exceed 5% of the grant award).
• Section 15(j) - AGENCY has until
November 1, 2024 to make final allowable
payments to Project contractors or vendors, and
submit the Project’s Final Report, as defined in
Attachment I and a final invoice to CALTRANS
for reimbursement for allowable Project costs.
• This RGA shall expire on December 31, 2025
• Section 10(a) - All reimbursable work shall
terminate no later than June 30, 2025. Project
closeout and final invoicing to CALTRANS must
be submitted no later than November 1, 2025.

Work incurred after June 30, 2025 will not be
reimbursed. Payment may be forfeit for any and
all invoicing submitted to CALTRANS after
November 1, 2025. Notwithstanding the
foregoing, Caltrans will reimburse for actual close
out costs incurred by AGENCY through
November 1, 2025 (which, in total, shall not
exceed 5% of the grant award).
• Section 15(j) - AGENCY has until
November 1, 2025 to make final allowable
payments to Project contractors or vendors, and
submit the Project’s Final Report, as defined in
Attachment I and a final invoice to CALTRANS
for reimbursement for allowable Project costs.
• Section 15(k) - Complete final delivery reports

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City of National City
Agreement Number: CCL-5066-051-A2
AMS ADV ID: 1122000206

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Agreement Section Amended Text
• Section 15(k) - Complete final delivery reports
and invoices must be submitted to CALTRANS
by November 1, 2024.
• Section 37(a) - AGENCY will provide a final close
out report to the CALTRANS Contract Manager
no later than November 1, 2024.
• Section 37(c) - Payments shall be forfeit if
invoices are submitted after November 1, 2024
and invoices must be submitted to CALTRANS
by November 1, 2025.
• Section 37(a) - AGENCY will provide a final close
out report to the CALTRANS Contract Manager
no later than November 1, 2025.
• Section 37(c) - Payments may be forfeit if
invoices are submitted after November 1, 2025.

Attachment A, Project Narrative of Main Application
of RGA CCL-5066-051
Replaced in its entirety.

Attachment C, Detailed Engineer’s Estimate of
Main Application of RGA CCL-5066-051
Replaced in its entirety.

Attachment C of Attachment III of
RGA CCL-5066-051
Project Milestone Schedule is revised as shown in
the Updated Project Milestones table below.

Project Outcomes Table of Main Application of
RGA CCL-5066-051
Replaced in its entirety.

Attachments:

Revised Attachment A – Project Narrative
Revised Attachment C – Detailed Engineer’s Estimate and Total Project Costs Revised Project Outcomes Table

Updated Project Milestones:

Project Milestone
Original
Milestone
Dates
Revised
Milestone
Dates
Project Study Report Approved 3/31/2022 Completed
Begin Environmental (PA&ED) Phase 4/1/2022 Completed
Circulate Draft Environmental Document 8/1/2022 Completed Draft Project Report 9/1/2022 Completed
End Environmental Phase (PA&ED Milestone) 10/1/2022 Completed End Design Phase 1/5/2023 Completed
Start Construction 4/1/2023 1/16/2024
End Construction Phase (Construction Contract Acceptance Milestone. Project is fully open to the public.) 4/30/2024 6/30/2025 End Closeout Phase 12/1/2024 12/31/2025

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City of National City
Agreement Number: CCL-5066-051-A2
AMS ADV ID: 1122000206

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In Witness Whereof, the parties hereto have executed this Amendment Number 2 to the Restricted Grant Agreement on the day and year first herein above written:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

CITY OF NATIONAL CITY
By:

By:

Printed Name:

Gretchen Chavez
Printed Name:

Title:

Office Chief
Office of Innovative Programs
Division of Local Assistance
Title:

Date:

By:

Printed Name:

Title:

Date:

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Attachment A: Project Narrative Template
Directions:

1. Complete all sections in this form. Even if a section is not applicable to your project, write “N/A”. Do not leave any sections blank.

2. Provide succinct and complete responses in each section. The Narrative should include all pertinent information not already stated, or not explained sufficiently, in other application sections.

3. THIS FORM SHALL NOT EXCEED 10 PAGES. If you need additional space, you can delete these directions. Do not change the font in this form to include more information.

4. Do not assume that the application reviewer is familiar with your community. For more information on what the Narrative should include, see the section “Narrative” in the Program Guidelines.

5. Save the form as a .PDF and ensure its size does not exceed 5 MB. If it does, when you try to attach it to your application you will get a message stating it exceeds 5 MB and you will not be able to submit your application until you attach a Narrative that is 5 MB or smaller.

6. Attach the PDF to your application, in section 3.1, “ATTACHMENTS”, in the Attachment A: Project Narrative field. If you don’t attach a Project Narrative to your application, you will not be able to submit it.

A.1 PROJECT LOCATION AND DESCRIPTION
The proposed project is a combination of public right-of-way, multi-use pathway, and local park improvements. The project is located in the City of National City along the east side of Interstate 805 between Division Street and Plaza Boulevard. It addresses ongoing issues related to waste, debris, underutilized public right-of-way, safety, and comfort. The project is intended to kickoff a grand vision of implementing a greenbelt for the neighborhoods on the east side of Interstate 805 between Alpha Street and the Sweetwater Bike Path. The greenbelt will be comprised of a multi-modal transportation network of a multi-use path, bike route, revitalized public spaces, and related street safety improvements that will connect people to major destinations such as El Toyon Elementary School, El Toyon Park, shopping centers, and the Sweetwater Bike Path, a regional recreational and commuting corridor. For the purposes of this grant application, the City intends to address the parks, recreation, and commuting needs of underserved residents that live, work, and play between Division Street and Plaza Boulevard.

The four goals of the Clean CA Grant perfectly match the vision National City sees along this corridor.

The City strategically chose elements of waste cleanup, enhancement, beautification, improving public health, placemaking, and advancing equity in underserved communities to communicate to both Caltrans and their constituents that improvements along the project corridor will positively transform the space for current and future generations.

A portion of the budget includes art installation opportunities within the project. The City maintains strong communication with their local art advocates, specifically the ARTS Center (A Reason To Survive). Their mission is to “Lift young people in the South County region of San Diego to become confident, compassionate, and courageous community builders through the transformative power of creativity” and their Vision statement is “To create a center for arts and culture in the borderland region that empowers families and community members to build healthy, resilient, and equitable communities.” ARTS has several installations throughout National City and this project contains several art, gateway, and community identification opportunities to explore. For example, unique wayfinding monument signs and/or interpretive elements at a pedestrian scale to creatively inform people about the project. Another local community partner for the City is the Vision Zero Foundation, which will

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provide artwork for street-side utility boxes. Potential locations for the installation of locally-created art include the multi-use path, and the intersections of Division Street, 4th Street, and Plaza Boulevard.

The project will be executed in coordination with Caltrans as a generous portion of the proposed project is directly adjacent to the Caltrans right-of-way associated with Interstate 805. The City has maintained strong communication with the Caltrans District 11 to ensure that the proposed project exceeds the goals of the Clean CA Grant while not negatively impacting their operations.

A.2 DEMONSTRATED COMMUNITY NEED
The City has unfortunately experienced chronic waste and debris buildup along the proposed project boundary. The areas adjacent to the Caltrans right-of-way contain varying slopes, dense vegetation, lack of lighting, and lack of visibility, therefore making it “ideal” for people to leave waste and debris behind carelessly or purposefully. If the City is awarded the grant, the Public Works department will have the monetary resources to clean up the area and prepare the site for the proposed multi-use path and community spaces. The work will include careful sifting of potentially hazardous waste, general trash, thinning dense vegetation, and trimming overgrown trees.

One of the City’s main goals to address with this grant is to implement several beautification elements once the waste, debris, and dense vegetation is addressed. Beautification is integrated with the multi- use path being proposed. Greening elements such as bioswales with native, and drought-tolerant landscaping, use of attractive boulders or cobbles, and trees. Pedestrian-scale lighting, fencing, and interpretive signage are all beatification elements that also enhance safety and comfort for path users.

The City understands that all project elements being proposed need to be implemented to truly transform the space into one that people of all ages and abilities will be eager to use.

While the City prefers to construct a Class 1 path, as defined in Caltrans HDM Chapter 1000, the width and slope requirements are not achievable along the entire alignment due to the limitations of the terrain and also the need to remain entirely outside of the Caltrans right of way. The final alignment of the multi-use path also limits the area available for more significant landscape rehabilitation.

The project also includes street beautification and safety improvements along Plaza Boulevard.

Improvements along the quarter mile stretch of Plaza Boulevard would provide a vital connection to the proposed Class 3 bike route and accessible sidewalk upgrades. The design includes adding street trees, intersection improvements (high-visibility crosswalks), and wayfinding signage. The northeastern terminus of these streetscape improvements would include transforming a flat, under-utilized dirt corner into a community plaza dedicated to the Filipino community that has tremendous history in National City and the South Bay. The City wishes to use a portion of the grant for the design and installation of hardscape, landscaping, pedestrian-scale lighting, fencing, and interpretive signage. This is a great opportunity for the City to involve neighborhood champions and other local organizations such as ARTS to guide the design of this community space.

The City also wishes to use a portion of this grant to design and build another community plaza space adjacent to the proposed multi-use path at 4th Street and El Toyon Park. Like the plaza space described above, the design will include installation of hardscape, landscaping, seating, pedestrian- scale lighting, and interpretive signage. This space is located within El Toyon Park and the proposed multi-use paths in the project would connect people to this plaza space.

The project is focused on improving the public health, recreation, and transportation choices people have in this neighborhood. The proposed multi-use path is a direct response to improving walking and biking for both recreational and commuting purposes. It builds upon an existing small stretch of a multi- use path that has experienced degradations and one that is substandard by today’s Caltrans design standards. The proposed path would allow people to go on casual strolls to and from nearby community destinations such as the elementary schools, park, and shopping centers. The City also acknowledges that recent surveys conducted by the National Recreation and Parks Association show

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that linear recreation (walking, biking, strolling, and rolling) is the number one desired recreation activity by communities across the nation. Surveys such as this have encouraged National City to continue designing and implementing multi-use paths, bikeways, and urban trails whenever the opportunity presents itself.

Furthermore, the proposed project will improve placemaking within this neighborhood. Interpretive signage, planting material, fencing designs, and paving designs will be connected to the diverse community that lives and plays near the project site. Lastly, public health improvements go beyond the exercise element of this project. The proposed bioswales, trees, and other landscape rehabilitation spaces would positively contribute to greenhouse gas reduction.

Communities that are within a quarter mile of the project site include the neighborhoods of Rancho de la Nacion, Palmer Way, Ira Harbison, and Las Palmas. Census tracts within a quarter mile of the project site were identified to determine whether the community was qualified as underserved. To determine if the communities are underserved, census tracts were evaluated based on several criteria:
area median income, CalEnviroScreen, National School Lunch Program, and Healthy Places Index. It was determined that most of the communities are underserved in the criteria mentioned above; however, the data based on area median income identified the census tracts that are disproportionally underserved the most. For example, the census tracts that falls directly within the project site contains a community where 71% of the residents fell below the City’s median household income.

The proposed project will have multiple benefits that serve the immediate and surrounding neighborhoods. Benefits related to the environment, health, and economy can be forecasted if project elements get implemented. For example, the 0.31 mile proposed multi-use path can help the local community reduce usage and dependency on cars which would result in reduced greenhouse gas emissions and air pollution. Vehicle-generated air pollution contains harmful greenhouse gas emissions, and these pollutants and irritants can cause asthma, bronchitis, pneumonia, and decreased resistance to respiratory infections. The addition of native landscape and trees would also help combat air pollution.

National Recreation and Park Associate (NRPA) survey data shows that three in four U.S. adults want public walking, biking, and hiking trails close to home. Access to these kinds of resources would give people much-needed recreation and exercise options. The proposed multi-use path and the associated intersection improvements (high-visibility crosswalks, signalized crossing, and signage) would help satisfy the linear recreation demands of the community. These active transportation improvements can also have economic benefits to the local community. Converting even a fraction of the car trips to and from El Toyon Elementary Schools, El Toyon Park, or the local shopping destinations to bicycling or walking can generate transportation-related savings, reduce vehicle traffic congestion, and contribute to a healthier lifestyle. Active transportation infrastructure, clean and attractive parks, and a branded community that celebrates its local cultural identity have been tied to increases in commercial and residential property values as well as retail sales.

The percentage of funds that will benefit the community would be 100%. The proposed project is an inclusive and multi-purpose project that aims to equitably address infrastructure gaps in the underserved communities identified in this grant.

A.3 PUBLIC ENGAGEMENT
The City prides itself in delivering effective public engagement strategies for all of their public projects, and this grant pursuit was no exception. The City worked with their design team to conduct two workshops, create an online project survey, social media announcements, and a presentation to the Parks, Recreation, & Senior Citizens Advisory (PRSCA) Committee. The team created outreach materials in English and Spanish that were branded with the Clean CA Grant title to clearly communicate that the feedback collected for the project site would be part of this grant application.

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The team participated in the City’s Holiday festival on December 11, 2021. Over 65 individuals stopped by the project booth to talk with the team about the proposed project. Community members were able to provide written feedback on large, high-resolution aerial maps as well as participate in a sticker voting exercise on various display boards. (See photos in Attachment N). Display boards were organized by topic to help the community make thoughtful voting decisions on potential project elements. The team repeated this strategy at a pop-up workshop that took place on December 18, 2021 at El Toyon Park. This park is included within the proposed project, so the team wanted to make sure the immediate neighborhood had an opportunity to weigh in on what they’d like to see implemented. The team spoke with several residents, including a PRSCA Committee member, and asked them to vote on their desired amenities.

The two workshops, the online survey, social media announcements, and communication with the PRSCA Committee allowed the City to narrow down the project site (originally much larger and longer than what is being submitted) and to ensure the elements that were highly requested (waste cleanup, pedestrian lighting, multi-use path) were included. The votes were tallied, open-ended comments were reviewed, and the project scope was narrowed down to reflect and balance the community’s desires with the $5million grant limit.

The outreach efforts that were specific to this application (November 2021-January 2022) supplement previous planning efforts and recently completed projects within and adjacent to the project site. For example, the City recently added buffered Class 2 bike lanes with green transition striping to two of the streets that connect to the proposed project. The City also received news of a Prop 68 grant award for El Toyon Park improvements. The money awarded from Prop 68 grant will be used for playground, landscape, and other safety improvements. The City believes this Clean CA grant would create fantastic momentum as well as build confidence with the community that improvements to the neighborhood in this part of National City are being made a priority.

Other recently completed plans that reference improvements to this area include the City’s 2020 Integrating Neighborhoods with Transportation Routes for All Connections (INTRAConnect) project.

This project is about creating a healthy and vibrant environment for residents of National City.

Improvements focus on the principal of 10-minute Neighborhoods and how land use planning and transportation planning should always go hand in hand. Several chapters of this document reference the neighborhood the project is within, depicting the ongoing support and desire for improvements.

Extensive public outreach (18 workshops) was conducted as part of this planning effort in 2019-2020.

Other related plans within the past eight years includes a Safe Routes to School study that identified pedestrian and bicycle infrastructure improvements within our project boundary. The City has implemented many of these recommendations, but additional funding would help address any gaps such as first-last mile improvements near transit stops located on Plaza Boulevard.

A.4 PROJECT DELIVERABILITY
Construction has been estimated to take about 18 months for completion to allow for potential delays such as (Permitting/Right-of-Way) and to allow for flexibility to ensure the project is completed by June 30, 2024. Under the supervision of the City Engineer, the City manages a five-year $70M Capital Improvement Program (CIP) and has delivered similar projects over the last decade. The City has received 82 competitive grant awards for a total of over $76M in grant funds, all of which were managed and implemented on time. Additionally, the City’s Capital Improvement Program has received 29 distinguished project awards from industry professionals.

National City recently finished construction for the Paradise Creek Park Site Remediation & Improvements Project at the end of March 2021, which included a new 4-acre community park, walking pathways, and water quality basin. The City secured over $1.3M of grant funding from the California Natural Resources Agency (CNRA) for this project. Additionally, National City finished construction of

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Paradise Creek Water Quality and Community Enhancements, a water quality treatment basin and creek restoration project, at the end of March 2021. The City has already secured $3.6M in funding for Phase 2 of that project. More information on the City’s Capital Improvement Program and projects are available on the City’s CIP Projects Dashboard at
https://www.nationalcityca.gov/government/engineering-public-works.

The City will coordinate with Caltrans on any necessary Encroachment Permits. The team will establish a recurring meeting with appropriate Caltrans functional groups, to ensure a speedy project review and approval, and ultimately transition to the Encroachment Permit division for permit issuance. All City of National City right-of-way permits will be over-the-counter for this type of City initiated project.

The City does not anticipate any risks associated with opening the proposed projects to the public. The goal of this application is to address existing risks such as the waste, debris, and dense vegetation, so everything designed and built with the awarded money will help ensure safety and comfort for all the users of the proposed spaces. The City commits to ongoing public communication and presence throughout the project site. Social media announcements, city personnel, and local neighborhood champions will help educate and encourage the public to use the space.

Pre-construction work will include several elements including: a thorough assessment of the type of waste and debris to ensure appropriate cleaning protocols are implemented, a topographic and utilities survey and a traffic study to ensure the proposed intersection improvements (rectangular rapid flashing beacon, and/or high-visibility crosswalk) are designed appropriately. Based on their vast experience with winning and implementing federal, state, and local grants the City is comfortable navigating the design and construction phases of the grant to ensure all deadlines and fiscal management tasks are completed. Additional pre-construction elements include CEQA, Right-of-Way Certification, Caltrans Encroachment Permits, development of 100% construction plans, specifications, revised cost estimates and additional community outreach.

A.5 ADVANCE PAYMENT

N/A

A.6 MARKETING PLAN
The proposed project will include marketing materials and resources dedicated to keeping the city at large and the immediate neighborhood informed of project milestones. Maintaining transparency and clear communication with the public is standard protocol for all City projects. Items such as flyers, fact sheets, social media posts, mailed postcards, and updates to the City’s website will be included. The Public Information Officer will coordinate with the Public Works department and the City Manager’s offices to develop a communications plan for design and construction of the project. The City will also conduct a ribbon cutting at the onset of construction and an opening ceremony for the proposed multi- use path and community plaza spaces. The opening ceremony will include public officials, representative from Caltrans District 11, the local community, and the design team. Group walking and biking tours will also be scheduled to highlight the project.

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A.7 MAINTENACE PLAN
The City understands that $5 million is a major investment requiring ongoing maintenance to ensure healthy lifespan of all project elements. The City is committed to ongoing weekly and monthly maintenance for the proposed multi -use path and the community spaces th at are within the City’s boundary. The project’s physical appearance after construction is critical to maintaining the confidence of the local community and ensuring all people feel safe and comfortable walking, biking, or relaxing in the spaces. Maintenance and lifespan factors were considered for the proposed design of the multi-use path. Additional maintenance will include landscape trimming when needed, clearing of th e multi-use path of overgrown vegetation or hazardous materials, monthly checks on all pedestrian lighting and fences to ensure they are not being tampered with, and general debris cleanup via electric leaf blowers for the path and community plaza spaces. The City will coordinate with the El Toyon Parks and Recreation maintenance staff to ensure that the new projects elements that are within their city limits fit into their maintenance schedule.

The proposed project will also include a standard plant establishment period with the selected contractor.

A 90 to 120 -day maintenance/plant establishment period (the time after installation and before final signoff of the project) will be part of the contract. The City will also look into a 1-year warranty period for all plant materials over the 15-gallon size.

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Project Information:

Agency: Date:

Project Description:

Project Title
Project Location:

License #: 89464
Engineer's Estimate and Cost Breakdown:

Cost Breakdown
Engineer's Estimate (for Construction Items Only) CCLGP Participating CCLGP Non-participating Costs/Items Costs/Items
Item
No. Item Quantity Units Unit Cost Total
Item Cost %$ %$
General Overhead-Related Construction Items
1 1L S $146,120 $146,120 100% $146,120
2 1L S $52,900 $52,900 100% $52,900
3 1 LS $98,500 $98,500 100% $98,500
4 1 LS $297,102 $297,102 100% $297,102
5 1 LS $29,000 $29,000 100% $29,000
General Construction Items
6 1890.5 LF 64 $120,992.00 100% $120,992
7 752.62 TON 253 $190,412.86 100% $190,413
8 1050.73 TON 34 $35,724.82 100% $35,725
9 3356.92 SY 23.25 $78,048.39 100% $78,048
10 3 EA 8000 $24,000.00 100% $24,000
11 9329.08 SF 11 $102,619.88 100% $102,620
12 2832.75 SF 18 $50,989.50 100% $50,990
13 1176 SF 25 $29,400.00 100% $29,400
14 918 SF 22 $20,196.00 100% $20,196
15 371 LF 138 $51,198.00 100% $51,198
16 1159.5 SF 39.5 $45,800.25 100% $45,800
17 2669.3 SF 30 $80,079.00 100% $80,079
18 21 EA 3681 $77,301.00 100% $77,301
19 37.5 LF 69 $2,587.50 100% $2,588
20 216.5 LF 137.5 $29,768.75 100% $29,769
21 16 LF 400 $6,400.00 100% $6,400
22 1850.76 SF 27 $49,970.52 100% $49,971
23 190 SF 19.25 $3,657.50 100% $3,658
24 855.77 SF 21 $17,971.17 100% $17,971
25 238.5 SF 40.5 $9,659.25 100% $9,659
26 113.5 LF 60 $6,810.00 100% $6,810
27 337.75 SF 14 $4,728.50 100% $4,729
28 46 EA 495 $22,770.00 100% $22,770
29 238 EA 13.75 $3,272.50 100% $3,273
30 113.16 CY 26 $2,942.16 100% $2,942
31 4 EA 660 $2,640.00 100% $2,640
32 2 EA 495 $990.00 100% $990
33 441 SF 8 $3,528.00 100% $3,528
34 2.74 CY 360 $986.40 100% $986
35 37808 SF 0.55 $20,794.40 100% $20,794
36 1 LS 91025 $91,025.00 100% $91,025
37 3 EA 82500 $247,500.00 100% $247,500
38 3 EA 3255 $9,765.00 100% $9,765
39 1 LS 150124 $150,124.00 100% $150,124
40 162.73 CY 426 $69,322.98 100% $69,323
41 1 LS 86611 $86,611.00 100% $86,611
42 1 LS 99500 $99,500.00 100% $99,500
43 1 LS 71500 $71,500.00 100% $71,500
44 1 EA 400 $400.00 100% $400
45 1 LS 101000 $101,000.00 100% $101,000
46 1 EA 10758 $10,758.00 100% $10,758
47 1 EA 5350 $5,350.00 100% $5,350
48 15 LF 218 $3,270.00 100% $3,270
49 1 EA 10700 $10,700.00 100% $10,700
50 80 LF 244 $19,520.00 100% $19,520
51 1 EA 68000 $68,000.00 100% $68,000
52 1 EA 12200 $12,200.00 100% $12,200
53 144 SF 22 $3,168.00 100% $3,168
54 1 LS 241500 $241,500.00 100% $241,500
55 1 LS 75900 $75,900.00 100% $75,900
New General Construction Items
56 1 LS 164,027 $ $164,027.04 100% $164,027
57 1 LS 8,266 $ $8,265.60 100% $8,266
58 1 LS 20,709 $ $20,708.59 100% $20,709
59 1 LS 95,548 $ $95,547.97 100% $95,548
60 1 LS 27,052 $ $27,052.06 100% $27,052
61 1 LS 2,692 $ $2,692.47 100% $2,692
62 1 LS 3,249 $ $3,249.08 100% $3,249
63 1 LS 350,400 $ $350,400.00 100% $350,400
64 1 LS 34,760 $ $34,760.00 100% $34,760
65 1 LS 2,319 $ $2,318.71 100% $2,319
66 1 LS 21,380 $ $21,379.68 100% $21,380
67 1 LS 29,988 $ $29,988.00 100% $29,988
68 1 LS 2,591 $ $2,591.41 100% $2,591
69 1 LS 207,969 $ $207,969.05 100% $207,969
70 1 LS 6,930 $ $6,930.00 100% $6,930
71 1 LS 2,340 $ $2,339.73 100% $2,340
72 1 LS 4,117 $ $4,117.27 100% $4,117
73 1 LS 723 $ $723.32 100% $723
74 1 LS 6,689 $ $6,688.73 100% $6,689
75 1 LS (17,063) $ -$17,062.83 100% -$17,063
76 1 LS 2,323 $ $2,323.25 100% $2,323
Shrubs and Groundcover - 1 Gallon
Top Soil, Amended In-Place, Including Sampling and Testing Boulders - 4' Size
Boulders - 2.5' Size
6" Rock Cobble over Mirafi 1100N, or A/E
Signing and Striping
Plaza and Euclid Traffic Signal Modification - Bus Priority Rock Mulch (3" Depth)
Bark Mulch (3" Depth)
Furnish and Install Irrigation Improvements
Furnish and Install Decorative Memorial Light Columns
Unclassified Excavation
Removal, Disposal and Replacement of Unsuitable Material Detailed Engineer's Estimate and Total Project Costs
Important: Read the Instructions in the first sheet (tab) before entering data. Do not enter data in shaded fields (with formulas).

National City Eastside I-805 Community Greenbelt Project Concrete Paving - Banding - Integral Color
Concrete Header
Stabilized Decomposed Granite Paving
24" Box Trees
Furnish and Install Removable Bollards
City of National City 5/21/2025
The proposed project is a combination of public right-of-way, multi-use path, and local park improvements.

National City, immediately east of Interstate 805 between Division Street and Plaza Boulevard Nicholas Oleskowicz
Construct PCC Thickened Edge Sidewalk
Furnish and Install Traffic Logix Speed Cushions Standard Style (Part # SC-0 Construct 6" Curb per SDRSD G-01
Concrete Paving - Integral Color
Install 3' High Fence Per SDRSD M-06 & M20 with 6-Gauge, 1" Galv. Mesh Construct Type B Gravity Retaining Wall (H=4') Per SDRSD C-09 Construct 8" PCC Pavement Maintenance Access With #4 Reinforcement at Concrete Paving - Natural Grey Color
Construct Curb Ramp (All Types) per I/P
Construct 4" PCC Sidewalk
Construct Residential Concrete Driveway per SDRSD G-14A and G-14D Construct Commercial Concrete Driveway per SDRSD G-14B
Construct 8" PCC Pavement
Install 5' High Fence Per SDRSD M-06 & M20 with 6-Gauge, 1" Galv. Mesh Construct 8" 3250-PSI PCC Bus Slab with #4 Reinforcement at 12" On Cent Name of Licensed Engineer in responsible charge of preparing or reviewing this PSR-Equivalent Cost Estimate:

Mobilization
Surveying and Construction Staking
Traffic Control and Pedestrian Control
Clearing and Grubbing
Water Pollution Control
Construct 6" Curb and Gutter Type G
Construct Asphalt Concrete Pavement
Construct Class II Aggregate Base
Furnish and Install Tensar TX-160 Geogrid
Solar Powered LED Illuminated Crossing (4th Street)
2" SCH 40 PVC Electrical Conduit with #5 pull boxes at 200' intervals Construct Type A-4 Cleanout per SDRSD D-09
Furnish And Install Modular Wetland Stormwater Biofiltration System MWS Furnish and Install NDS Spee-D Basin Single Outlet Round Polished Brass K Furnish and Install Filterra Internal Bypass Curb with ADA Grates, Model: F Furnish and Install Sidewalk Underdrain per SDRSD D-27
Furnish and Install 24"x24" Brooks Box with ADA Grate or Approved Equal Furnish and Install 12" C900 PVC Pipe
Construct Type B Straight Headwall per SDRSD D-32
Furnish and Install 24" RCP
Construct 6" PCC Concrete Apron
Solar Lighting and Foundation
Gravity Wall @ Bus Stop on Plaza Blvd
El Toyon Detention Basin
Additional signage @ speed humps
Additional biofiltration @ 4th Street and T Ave.

Tree Grates along Plaza Blvd
Additional trees and irrigation on Plaza Blvd
Addt'l 5' fence on Plaza
Reroute existing sewer line @ additional trail
Install Redwood Header @ added Trail
Raise Controller Cabinet
P-2 Sewer Work
Added Bus Pad
Addt'l access ramp work
ART WI fence @ spigot on 4th
Reset 24" RCP @ at additional biofiltration area
Irrigation controller substation
Light Column solar and plates mod. (credit)
Traffic Signal Modifications (Bus Priority)
Added walking trail scope to El Toyon Park
Tree removal for added trail
Light Column relocations
6/30/2025 1 of 2

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Project Information:

Agency: Date:

Project Description:

Project Title
Project Location:

License #: 89464
Detailed Engineer's Estimate and Total Project Costs
Important: Read the Instructions in the first sheet (tab) before entering data. Do not enter data in shaded fields (with formulas).

National City Eastside I-805 Community Greenbelt Project City of National City 5/21/2025
The proposed project is a combination of public right-of-way, multi-use path, and local park improvements.

National City, immediately east of Interstate 805 between Division Street and Plaza Boulevard Nicholas OleskowiczName of Licensed Engineer in responsible charge of preparing or reviewing this PSR-Equivalent Cost Estimate:
77 1 LS 6,522 $ $6,522.38 100% $6,522
78 1 LS 135,000 $ $135,000.00 100% $135,000
79 12 EA 2,800 $ $33,600.00 100% $33,600
80 2 EA 2,500 $ $5,000.00 100% $5,000
81 2 EA 15,000 $ $30,000.00 100% $30,000
82 20 EA 1,200 $ $24,000.00 100% $24,000
83 100%
Subtotal of Construction Items: $4,308,106 $3,933,706 $374,400 Construction Item Contingencies (% of Construction Items):0 . 0 % $0 $0 $0 Total (Construction Items & Contingencies) cost: $4,308,106 $3,933,706 $374,400 Project Delivery Costs:

Type of Project Cost Cost $
Preliminary Engineering (PE) CCLGP Participating Costs CCLGP Non-participating Costs Environmental Studies and Permits(PA&ED): $10,658 -$
Plans, Specifications and Estimates (PS&E): $664,466 -$ "PE" costs / "CON" costs Total PE: $675,124 -$ 16% 25% Max Right of Way (RW)
Right of Way Engineering:

Acquisitions and Utilities:

Total RW: - $ -$
Total Pre-Construction Costs (PE+RW): $675,124 -$
Construction Engineering (CE) "CE" costs / "CON" costs
Construction Engineering (CE): $390,775 $32,236 10% 15% Max Total Construction Costs: $4,324,481 $406,636
CCLGP Participating Costs Non-participating Costs
Total Project Cost: $4,999,605 $406,636
Documentation of Non-Participating Costs:

Item #: Description of Engineer's Logic: (See examples shown in the Instructions) 63 P-2 Sewer work is a planned maintenance upgrade for the sewer line within El Toyon Park. This was added into this project as a non-participating cost as it is directly underneath CCLGP proposed work. 82 2" Conduit for CCTV power feed
Restroom Renovations
Paid for by Active Transportation Program Cycle 4 ATPLSB1-5066(047) -$
$675,124
$4,731,117
The Engineer's logic and/or calculations for splitting costs between CCLGP-Participating and Non-participating costs must be documented in this section of the Estimate form.

Separate logic is required for each item which is partly a participating cost for CCLGP funding or is required for the construction of a non-participating item/element of the project.

Furnish and Install Bench
Furnish and Install Waste Bins
Furnish and Install Wayfinding Signage
-$
-$
664,466$
10,658$
$5,406,241
423,011$
675,124$
Furnish and Install Flag Pole at Filipino Plaza
6/30/2025 2 of 2

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Project Name:

A: Category B: Output C: Unit D: Total Per Application Section

4.1 E: Total Proposed with Scope
Change Request F: Difference of Outcome

ONLY ENTER NUMERICAL VALUES THIS CAN BE FOUND ON THE ORIGINAL

APPLICATION

NEW TOTAL VALUE OF OUTCOME WITH

SCOPE CHANGE

TOTAL DIFFERENCE OF ORIGINAL OUTCOME COMPARED TO UPDATED

OUTCOME WITH SCOPE CHANGE REQUEST
Litter Collected Cubic Yards 825 220 -605
Public Space Cleaned Square Feet 87741 101190 13449
Anti-Littering Signs Number of Signs 18 18 0
Waste Bins Number of Bins 12 12 0
Litter Collected Cubic Yards 00 0
Number of Bus Stops Beautified 00 0
Number of Transit Centers Beautified 00 0
Number of Art Installations 00 0
Enhance Public Health
Increased Walking Paths, Bike Paths,
Children's Play Areas Square Feet 132956 49658 -83298
Number of Installations 02 2
Square Footage of Installations 1350 721 -629
Urban Heat Island Reduction
Decrease in Temperature by Degrees
Fahrenheit at each Improved Site,
Measured at the Noon Hour
00 0
Shade Trees Planted Number Planted 108 62 -46
Drought-Tolerant, Native Plans Number Planted 8440 4994 -3446 Furniture Added Number of Seats Added 66 0
Play Equipment Installed Number of Play Equipment Features Installed 00 0
Public Space Reclaimed for Public use or
Added for Public Use Square Feet 132956 101190 -31766
Increased use of Existing Public Space Increased Number of Hours per Day Available 24 24 0
Wayfinding Signage Number of Signs Added 20 20 0
Community/Historical Signs and Markers Number of Signs Added 43 - 1 Number of Permanent Persons Hired 00 0
Nubmer of Temporary Persons Hired 00 0
Numbe rof Artists Supported 01 1
Enhanced Paving (permeable surface or
pavement alternatives, such as wood chips) Square Feet
20416 35592 15176
Decreased Pavement Square Feet 00 0
Upgraded or Improved Permanent Irrigation
Systems Linear Feet 5627 7238 1611
Bioretntions Swales and other Green Street
Elements Each 75 - 2
Energy-Conserving Lighting Installed Number of Energy-Conserving Lights Installed 56 20 -36
Tenewable Energy Technologies (e.g. solar
panels) Each 02 6 2 6
Installations of Water Fountains Number of Water Fountains Installed 00 0 Installation of Refurbishment of Bathrooms Number of Toilets Installed or Refurbished 08 8 Architectural Fencing (not chain-link) Linear Feet 3943 56 -3887 Shade Strucutres (not including shade trees -
see Beautification category
Number of Shade Structures 00 0
# of Campaigns 00 0
Reach of the Campaigns 00 0
Frquency of the Campaigns 00 0
# of Events 66 0
# of Attendees 240 240 0
00 0
00 0
00 0
00 0
00 0
00 0
00 0
Other
Other for Infrastructure
Enhance Use
Enhanced Community Connection
Jobs and Volunteer Positions Created
New Permanent or Temporary Jobs Created
and Number of Artists Supported by the
Prime Awardee and all
Consultants/Contractors to Implement or
Maintain the Project(s)
Pavement and Support Elements
Education
Campaigns
Community Events
Beautification
Art Installations
CCL 5066-051 - National City - Eastside I-805 Community Greenbelt Instructions: In Column D, enter the project outcome from your original appl ication. In column E, enter what the updated outcome with the p roposed scope change(s). The difference between the origional outcome compared to the updated outcome with the proposed scope change(s) will be automatically calculated and shown in column F. This difference could be less or mor e than the original outcome depending on the proposed scope change(s). Please do not leave any cells blank. Enter a zero (0) if the output doesn't apply.

Litter Abatement
Transit Center Improvements
Beautifications of Space

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RESOLUTION NO. 2025 -

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE RESTRICTED

GRANT AGREEMENT WITH THE STATE OF CALIFOR NIA DEPARTMENT OF

TRANSPORTATION FOR THE CLEAN CALIFORNIA LOCAL GRANT PROGRAM FOR THE NATIONAL CITY EASTSIDE I-805 COMMUNITY GREENBELT PROJECT, CIP NO. 22-09.

WHEREAS, on February 1, 2022, the City of National City (“City”) submitted a Clean California Local Grant Program grant application in the amount of $4,998,761 (the “Grant”) for the National City Eastside I-805 Community Greenbelt Project, CIP 22-09 (the “Project”); and WHEREAS, the Project provides a combination of public right-of-way, multi-use path, and local park improvements to the east of and parallel to Interstate 805 between Division Street and 4th Street, continuing along neighborhood streets to Plaza Boulevard; and WHEREAS, on June 21, 2022, the City Council adopted Resolution No. 2022 -114, accepting the Grant and authorizing the execution of a Restricted Grant Agreement (“Agreement”) with the State of California Department of Transportation (“ Caltrans”), with a $20,000 in -kind contribution from the City, for a total project cost of $5,018,761; and WHEREAS, under the Agreement, the period of performance to deliver the Project was originally set to end on December 31, 2024 and required that all work be completed by June 30, 2024; and
WHEREAS, during the design phase of the Project, City staff and Project team members worked closely with Caltrans staff to modify the Project alignment near El Toyon Park due to right- of-way constraints and other constructability challenges , without precluding the Project from meeting the Grant goals and outcomes that the City originally outlined; and WHEREAS, as a result of delays caused by the Project modifications, an amendment to the Agreement is necessary to document the Project scope changes and formalize the extension of the Agreement through December 31, 2025, with the requirement that all work must be completed by June 30, 2025; and
WHEREAS, staff recommends approving an Amendment to the Agreement with Caltrans to allow for full reimbursement of eligible Project expenditures.

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 City Manager to execute the Amendment to the A greement with the State of California Department of Transportation for the Clean California Local Grant Program for the National City Eastside I-805 Community Greenbelt Project, CIP No. 22-09.

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 5th day of August, 2025.

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: Finance
Prepared by: Paul Valadez, Budget Manager
Meeting Date: Tuesday, August 5, 2025
Approved by: Scott W. Huth, Interim City Manager

SUBJECT:

Annual Appropriations Limit for Fiscal Year 2026

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Article XIII-B of the California Constitution provides that appropriations made by State and local governments are subject to limitations that must be determined annually by applying factors comprised of the change in the cost of living and the change in population to the prior year’s appropriations limit. The annual appropriations limit, also known as the “Gann Limit,” sets a cap on the amount of local government spending that may be financed from tax proceeds. The State Department of Finance provides the cost of living and population adjustment factors to be used in the calculation. Exhibit A shows the calculation resulting in an appropriation limit of $88,935,393 for fiscal year 2026 for the City’s budget.

FINANCIAL STATEMENT:

The City’s budget for fiscal year 2026 includes appropriations subject to the limit of $71.3 million, which is $17.6 million below the limit.

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:

The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Appropriations Limit Calculation
Exhibit B – Resolution

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Resolution No. Exhibit A
August 5, 2025
A. Fiscal Year 2025 Appropriations Limit 83,188,455$
California Per Capita Cost of Living Change converted to a ratio *** 1.0644 Limit Sub-Total 88,545,792
San Diego County Population Change converted to a ratio *** 1.0044 Fiscal Year 2026 Appropriations Limit 88,935,393$
Gann Limit Recap
Total City Appropriations 134,067,788$
Less: Non-Tax Proceeds 62,720,411
Estimated Appropriations Subject to the Limit 71,347,377$ Fiscal Year 2026 Appropriations Limit 88,935,393
Amount of Appropriations Below the Limit 17,588,016$
*** Source - State of California, Department of Finance http://www.dof.ca.gov/budgeting/
City of National City
Annual Appropriations Limit
Fiscal Year 2026

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RESOLUTION NO. 2025 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT OF $88,935,393 FOR FISCAL YEAR 2026

WHEREAS, Article XIII-B of the California Constitution provides that appropriations made by State and local governments are subject to limitations; and WHEREAS, the limitation must be determined annually by applying factors comprised of the change in the cost of living and the change in population to the prior year’s appropriation limit; and
WHEREAS, the cost of living and population change factors to be used in calculating the appropriations limit for fiscal year 2026 are set forth in Exhibit “A”; and WHEREAS, the result of applying the cost of living and population change factors to the fiscal year 2025 appropriation limit results in a limit of $88,935,393 for fiscal year 2026.

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 and adopts the appropriation limit of $88,935,393 for fiscal year 2026.

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 5th day of August, 2025.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

Page 123 of 383 ends

AGENDA REPORT

Department: Engineering & Public Works
Prepared by: Tirza Gonzales, Operations Manager
Meeting Date: Tuesday, August 5, 2025
Approved by: Scott W. Huth, Interim City Manager

SUBJECT:

Authorize the purchase of Roofing Materials from The Garland Company, Inc. for the National City Public Library.

RECOMMENDATION:

Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, 1) Waiving the Formal Bid Process Pursuant to National City Municipal Code Section 2.60.260 Regarding Cooperative Purchasing and Authorizing the City to Piggyback onto California Multiple Award Schedule Contract # 4-20-56-0006B with The Garland Company, Inc. for the Purchase of Roofing Materials in a Not-to-Exceed Amount of $622,584 for the National City Public Library ; and 2) Authorizing the Establishment of an Appropriation of $622,584 in the Library Capital Outlay Fund.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

In October 2024, the Engineering & Public Works Department commissioned a comprehensive roof inspection and assessment of all City -owned facilities. The results of the assessment confirmed that the multiple roofs covering the National City Public Library , which were installed nearly 20 years ago, have exceeded their useful life and need to be replaced. In order to expedite product delivery and take advantage of competitive pricing, staff has identified an opportunity for the City of National City to piggyback onto the California Multiple Award Schedule (CMAS) Contract # 4-20-56-0006B with The Garland Company, Inc., for the purchase of roofing materials for the National City Public Library . This agenda item addresses th e acquisition of the roofing system only, with related services to be awarded at a later date.

NCMC Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportu nities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City.

The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase.

Page 124 of 383 ends

National City’s Purchasing staff has confirmed that the CMAS Contract # 4-20-56-0006B with The Garland Company, Inc, was competitively bid through a Request for Proposals process, and that the CMAS procurement procedures are in substantial compliance with those of National City.

Staff recommends taking advantage of the competitive pricing offered through this cooperative purchasing opportunity to secure a highly rated 30-year roofing system that meets or exceeds industry standards.

FINANCIAL STATEMENT:

Library Capital Outlay Fund

Expenditure Account #
108-10-18-18500-7598-1620108 (Library Roof Replacement) - $622,584 New appropriation based on fund balance available in the Library Capital Outlay Fund.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library

ENVIRONMENTAL REVIEW:

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

CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

The Agenda Report was posted at least 72 hours before the Regular Meeting date and time, and 24 hours before a Special Meeting in accordance with the Ralph M. Brown Act

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Library Proposal
Exhibit B – CMAS Contract 4-20-56-0006B
Exhibit C – Resolution

Page 125 of 383 ends

THE GARLAND COMPANY, INC.

HIGH PERFORMANCE ROOFING AND WATERPROOFING SYSTEMS
3800 EAST 91ST. STREET • CLEVELAND, OHIO 44105-2197
PHONE: (216) 641-7500 • FAX: (216) 641-0633
NATIONWIDE: 1-800-321-9336
3-7-25
Steve Manganiello
City of National City

PROJECT MATERIAL PROPOSAL
Re: Summer/Fall 2025 Roofing Projects – Library
We are pleased to provide the following quotation for roofing materials. The following materials shall be purchased by City of National City from the CMAS Schedule. Reference Contract #: 4- 20-56-0006B.

The following
materials shall be
purchased from
the California
Multiple Awards
Schedule
Contract #: 4-20-
56-0006B
GSA Contract #:

GS-07F-0130K
(THE

GARLAND

COMPANY,
INC.)
Overall (B&D)
Library
Material Amount Unit Cost Total
Flexbase E 80 345 Roll $367.00 $126,615.00
StressPly Plus FR Mineral 455 Roll $304.00 $138,320.00
HPR Glasbase 42 Roll $185.00 $7,770.00
Green-Lock Plus Membrane Adhesive 260 5 gal $505.00 $131,300.00 Green-Lock Plus Flashing Adhesive 45 3.5 gal $426.00 $19,170.00 Butyl Sealing Tape 4 Case $340.00 $1,360.00
Tuff-Stuff MS True White 96 Tube $23.00 $2,208.00
StrataMax White 198 5 gal $546.00 $108,108.00

EXHIBIT A

Page 126 of 383 ends

R-Mer SS Flat Stock 75 Sheet $186.00 $13,950.00
Flashing Bond 10 5 gal $149.00 $1,490.00
Tuff-Flash Plus LO 3 3 gal $637.00 $1,911.00
Sunburst Roofing Minerals 2 Bag $171.00 $342.00
Garla-Prime VOC 12 5 gal $168.00 $2,016.00

Material Cost $554,560.00
Tax $48,524.00
Shipping Cost $19,500.00

Overall Total $622,584.00

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EXHIBIT B

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RESOLUTION NO. 2025 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY , CALIFORNIA, 1) WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING

THE CITY TO PIGGYBACK ONTO CALIFORNIA MULTIPLE AWARD SCHEDULE CONTRACT # 4-20-56-0006B WITH THE GARLAND COMPANY, INC. FOR THE PURCHASE OF ROOFING MATERIALS I N A NOT -TO-EXCEED AMOUNT OF $ 622,584 FOR THE NATIONAL CITY PUBLIC LIBRARY; AND 2) AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION OF $622,584 IN THE LIBRARY CAPITAL OUTLAY FUND.

WHEREAS, in October 2024, the Engineering & Public Works Department commissioned a comprehensive roof inspection and assessment of all City-owned facilities, which confirmed that the multiple roofs covering the National City Public Library, which were installed nearly 20 years ago, have exceeded their useful life and need to be replaced; and

WHEREAS, in order to expedite product delivery and take a dvantage of competitive pricing, Engineering & Public Works staff has identified an opportunity for the City of National City to piggyback onto the California Multiple Award Schedule ( “CMAS”) Contract # 4 -20-56-0006B with The Garland Company, Inc. for the purchase of roofing materials for the National City Public Library; and

WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City’s procurement procedures, and such a determination has been made in this case, therefore, it is recommended that the purchase be made without complying with t he competitive bidding procedure set forth in the Municipal Code; and
WHEREAS, National City’s Purchasing staff has confirmed that the CMAS Contract # 4- 20-56-0006B with The Garland Company, Inc. was competitively bid through a Request for Proposals process, and that the CMAS procurement procedures are in substantial compliance with those of National City; and
WHEREAS, City staff recommends adoption of the resolution as stated.

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 waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City to piggyback onto California Multiple Award Schedule Contract # 4 -20-56- 0006B with The Garland Company, Inc. for the purchase of roofing materials in a not-to-exceed amount of $622,584 for the National City Public Library.

Section 2: That the C ity Council hereby authorizes the establishment of an appropriation in the amount of $622,584 in the Library Capital Outlay Fund for the purchase.

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

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PASSED and ADOPTED this 5th day of August, 2025.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, August 5, 2025
Approved by: Scott W. Huth, Interim City Manager

SUBJECT:

Bayshore Bikeway Segment 5 and Connections Project, CIP 19-24, ATP Cycle 7 Grant Appropriation for Construction Phase.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Mayor to Execute Program Supplement Agreement No. F031 with the State of California Department of Transportation for Construction of the Bayshore Bikeway – Segment 5 and Connections Project, CIP 19-24, ATP Cycle 7 ; and 2) Authorizing the Establishment of an Engineering Grants Fund Appropriation of $5,681,000 and Corresponding Revenue Budget.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

In July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the Bayshore Bikeway Segment 5 Project. The project will provide nearly 1.5 miles of protected bicycle facilities along McKinley Avenue and Marina Way in the City of National City (City) (see attached exhibit). Staff requested $5,421,000 in Federal ATP funds for the construction phase of the project. In January 2019, staff received notification from Caltrans that the City had been awarded Federal ATP funds in the amount of $5,421,000, which required a local match from the City of $710,000.

On November 19, 2019, the City Council adopted Resolution No. 2019-155 authorizing the Mayor to execute a Memorandum of Understanding (MOU) between the San Diego Unified Port District (Port of San Diego) and the City, in which the Port of San Diego committed to fund $900,000 for the project’s design and entitlements, including: environmental clearance, topographic survey, and preliminary and final design of the project.

On March 9, 2022, the City received a funding award from the Congressionally Directed Spending (CPFCDS) program, in the amount of $300,000 through the office of Congressmember Juan Vargas, which was allocated for the design phase of the Project.

In June 2022, staff submitted a Cycle 6 State ATP grant application to Caltrans in the amount of $2,072,000. At their December 7, 2022 meeting, the California Transportation Commission (CTC) awarded an ATP grant to the City in the amount of $2,072,000 for the Project. On October 1, 2024, the City Council adopted Resolution No. 2024-111, authorizing the Mayor to execute the PSA No. A670 for the Cycle 6 Federal ATP grant to reimburse up to $2,072,000 in eligible project expenditures and committing to providing a local match of $310,800.

Upon completion of final design i n early 2024, staff identified a potential budget shortfall based on notable increases in construction costs over recent years. Therefore, staff aggressively pursued other funding opportunities in an attempt to close the gap. In September 2024, staff submitted a Regional ATP Cycle 7 grant application to SANDAG in the amount of $5,681,000 to

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fund construction of the Bayshore Bikeway Segment 5 and Connections Project. At their March 28, 2025 meeting, the SANDAG Board of Directors recommended the Project for full funding.

SANDAG staff subsequently submitted the Project as part of their ATP Programming Recommendations to the California Transportation Commission (CTC) . At their May 16, 2025 meeting, the CTC allocated $5,681,000 in Federal ATP funds for construction of the Project (see attached Exhibit B – Allocation Letter).

On June 17, 2025, the City Council adopted Resolution No. 2025 -70 authorizing the Mayor to execute a Memorandum of Understanding (MOU) between the San Diego U nified Port District (Port of San Diego) and the City, in which the Port of San Diego committed $2,000,000 in ATP Cycle 7 Grant matching funds for project construction.

On June 20, 2025, Caltrans provided the City authorization to proceed with construction of the Project. Staff subsequently advertised the project for construction bidding on June 26, 2025, and anticipates presenting a construction contract to City Council for award in September 2025.

Execution of the attached Program Supplement Agreement (PSA) with Caltrans is required to allow for reimbursement of eligible project expenditures for construction. The PSA summarizes the following budget allocations for the Project: Federal ATP funds in the amount of $5,681,000, Local matching funds in the amount of $1,995,000 (Port of San Diego), and State matching funds in the amount of $1,243,000 (State of California Natural Resources Agency Grant (CNRA)). The CNRA grant in the original amount of $1,659,680 was previously accepted and appropriations established by the City Council via Resolution No. 2021-98 which was adopted on August 3, 2021.

FINANCIAL STATEMENT:

The total budget for the construction phase of the Bayshore Bikeway Segment 5 and Connections Project is $8,919,000. Local matching funds being contributed by the Port of San Diego ($1,995,000) and the State of California ( $1,243,000) were previously appropriated by the City Council. Approval of this agenda item will result in the establishment of appropriations for the Federal ATP Cycle 7 Grant portion of the funding in the amount of $5,681,000 as follows:

Engineering Grants Fund:

Expenditure Account No. 296-10-18-18500-7598-6621296 - $5,681,000 Revenue Account No. 296-10-18-18500-3498-6621296 - $5,681,000

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Transportation Choices and Infrastructure

ENVIRONMENTAL REVIEW:

The project is subject to CEQA, and a full study was completed during the design phase.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Project Location Map
Exhibit B – Allocation Letter
Exhibit C – PSA
Exhibit D – Resolution

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BAY MARINA DRIVE

MARINA WAY
W32ND ST
MCKINLEY AVEW14TH STW18TH STW19TH STW20TH STW22ND ST HARBOR DRIVE INTERSTATE 5CIVIC CENTER DR

CLEVELAND AVE
WILSON AVEW18TH ST

TIDELANDS AVE

NATIONAL CITY BLVD
W22ND STMILE OF CARS WAY

TIDELANDS AVE
W23RD ST
W19TH ST

PROJECT ALIGNMENT
BAYSHORE BIKEWAY SEGMENT 5 & CONNECTIONSPROJECT ALIGNMENT CIP 19-240'800'1600'SCALE 1" = 800' N

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Mr. Stephen Manganiello
Director of Engineering & Public Works
City of National City
1243 National City Blvd.

National City, CA 91950
Dear Mr. Manganiello:

Your letter dated April 16, 2025 requested a fund allocation from the Active Transportation Program for the City of National City Bike Path - At two locations: adjacent to Marina Way from 32nd Street to Bay Marina Drive; and at the Interstate 5 Underpass running along W19th Street from Wilson to McKinley Avenue. This project is programmed in the Active Transportation Program (ATP), as amended.

The State hereby makes the following allocation on May 16, 2025, effective May 16, 2025.

At their May 16, 2025 meeting, the California Transportation Commission (CTC) allocated funding in the amount(s) shown below.

STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
May 27, 2025
11-SD-0-NATC
ATPL-5066(063)
Adv Id: 1125000228
11-1624PPNO:

Request No: 1

Allocation No. 2025-154 ATP FUND ALLOCATION
40 79
Senate District No.:

Assembly District
Amount
Programmed
Fiscal Year
Programmed
Amount Previously
Allocated
This
Request
Const $5,681,000 2027 $0 $5,681,000
Federal Funds
State Funds
$5,681,000
$0
Total
This allocation makes available $5,681,000 of federal funds* and $0 of State (or State-only) funds for a total of $5,681,000.
* A separate request for authorization to proceed (E-76) is required prior to the start of reimbursable work for projects receiving Federal funds.

The effective date of allocation serves as the authorization to proceed and establishes the date for the start of reimbursable work for State-only funded projects.
$5,681,000$0$5,681,000
CTC ATP Ltr.Page 152 of 383
Mr. Stephen Manganiello
May 27, 2025

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ATPL-5066(063)
For This Allocation:

Funds allocated for project E & P are available for expenditure until: Not Applicable.

Funds allocated for project PS & E are available for expenditure until: Not Applicable.

Funds allocated for project RW are available for expenditure until: Not Applicable.

Funds allocated for construction -- Agency has 6 month(s) after the date of allocation to award a contract.

Your attention is directed to the Local Assistance Procedures Manual, LPPs and the current CTC guidelines for detailed instructions and information.

This allocation is not a commitment on the part of the State to make reimbursements until an Administering Agency - State Agreement (Master Agreement), if necessary, and a project specific program supplement are executed between the Agency and the State.

The project's award information should be submitted to the District Local Assistance Engineer (DLAE) immediately after award of the construction contract. A copy of the project's award package also needs to be included with the submittal of the Administering Agency's first invoice to the Local Programs Accounting Branch. Please refer to Local Programs Procedures (LPP) LPP 01-06 for guidance regarding the contents of the project award package.

The Commission may grant a one-time extension to each of the deadlines specified above if it finds that an unforeseen and extraordinary circumstance beyond the control of the responsible agency has occurred that justifies the extension. Please refer to the Local Assistance website at https://dot.ca.gov/programs/local-assistance for additional guidance.

After award of the contract, the Agency has up to 36 months to complete the construction or vehicle purchase contract.

Sincerely,
ROBERT NGUYEN , Chief
Division of Local Assistance
c: SANDAG
Attachment: CTC Vote Box
Office of Project Management Oversight - South
CTC ATP Ltr.

FOR

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Mr. Stephen Manganiello
May 27, 2025

Page 3 ends

ATPL-5066(063)
bc: LPA
DLA AE Project Files
District - (11) DLAE - Bryan Ott
CTC ATP Ltr.Page 154 of 383
F031
FOR FEDERAL-AID PROJECTS NO 11-5066F15
1125000228
June 30, 2025
11-SD-0-NATC
ATPL-5066(063)
5066
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 07/11/2016 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).

The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.

At two locations: adjacent to Marina Way from 32nd Street to Bay Marina Drive; and at the Interstate 5 Underpass running along W19th Street from Wilson to McKinley Avenue.

Bike Path 0.0(MILES)
Federal FundsEstimated Cost Matching Funds
Y306 $5,681,000.00 STATE $1,243,000.00

CITY OF NATIONAL CITY
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$8,919,000.00 $1,995,000.00 $0.00
Chief, Office of Project Management Oversight

STATE OF CALIFORNIA
Department of Transportation
$6,924,000.00
1 Page of 9Program Supplement 11-5066F15-F031- ISTEA
6/30/2025

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SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
ATPL-5066(063)

1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.

B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).

C. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.

Failure to do so will cause a delay in the State processing invoices for the construction phase.

Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual.

D. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.

If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.

ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.

E. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this 2Page of 9Program Supplement 11-5066F15-F031- ISTEA

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SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
ATPL-5066(063)
Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

F. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter.

Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.

ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.

G. As a condition for receiving federal-aid highway funds for PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.

H. This PROJECT is programmed to receive Federal funding from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). 3Page of 9Program Supplement 11-5066F15-F031- ISTEA

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SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
ATPL-5066(063)
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the component specific allocation or the effective date of the federal obligation of funds.

I. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY also agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration and that STATE funds available for reimbursement will be limited to the amounts allocated by the California Transportation Commission and/or STATE.

J. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof.

Documentation will consist of a Federal Highway Administration-approved "Authorization to Proceed" notification, a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.

K. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.

L. The submittal of invoices for PROJECT costs shall be in accordance with the above- referenced publications and the following. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications & estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance, whichever occurs first, to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.

M. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage 4Page of 9Program Supplement 11-5066F15-F031- ISTEA

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SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
ATPL-5066(063)
of the State Budget Act containing these Federal funds.

N. This PROJECT is subject to the timely use of funds provisions enacted by the ATP Guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below.

Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated.

Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award.

O. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program Guidelines, as adopted or amended.

P. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines.

2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.

B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
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SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
ATPL-5066(063)
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.

E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.

G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.

I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.

J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
6Page of 9Program Supplement 11-5066F15-F031- ISTEA

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SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
ATPL-5066(063)
K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:

ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.

All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.

L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.

M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.

N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.

O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. 7Page of 9Program Supplement 11-5066F15-F031- ISTEA

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SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
ATPL-5066(063)
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.

3. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.

4. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:

A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain
8Page of 9Program Supplement 11-5066F15-F031- ISTEA

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SPECIAL COVENANTS OR REMARKS
11-SD-0-NATC
ATPL-5066(063)
testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
K. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 9Page of 9Program Supplement 11-5066F15-F031- ISTEA

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RESOLUTION NO. 2025 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO.

F031 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE BAYSHORE BIKEWAY – SEGMENT 5 AND CONNECTIONS PROJECT, CIP 19 -24, ATP CYCLE 7; AND 2) AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $5,681,000 AND CORRESPONDING REVENUE BUDGET.

WHEREAS, in July 2018, City of National City (“City”) staff submitted a Cycle 4 Active Transportation Program (“ATP”) grant application to the California Department of Transportation (“Caltrans”) for the Bayshore Bikeway – Segment 5 project (“Project”); and WHEREAS, the Project will provide nearly 1.5 miles of pro tected bicycle facilities along McKinley Avenue and Marina Way in the City; and
WHEREAS, in January 2019, staff received notification from Caltrans that the City had been awarded Federal ATP funds in the amount of $5,421,000 for the Project, which required a local match from the City of $710,000; and
WHEREAS, additionally, on November 19, 2019, the City Council adopted Resolution No. 2019-155 authorizing entering into a Memorandum of Understanding (“MOU”) with the San Diego Unified Port District ( “Port of San Diego ”) in which the Port of San Diego committed to fund $900,000 for the Project’s design and entitlements; and WHEREAS, due to construction increases, in June 2022, City staff submitted a Cycle 6 State ATP grant application to Caltrans in the am ount of $2,072,000 for the Project and was awarded the ATP grant at the California Transportation Commi ttee’s (“CTC”) meeting on December 7, 2022 (the “Cycle 6 Grant”); and
WHEREAS, on October 1, 2024, the City Council adopted Resolution No. 2024 -111 authorizing the Mayor to execute Program Supplement Agreement (“PSA”) No. A670 for the Cycle 6 Grant, including committing to provide a local match of $310,800; and WHEREAS, additionally, at their March 22, 2024 meeting, the CTC awarded a Cycle 4 ATP grant in the amount of $5,421,000 to the City for the Project, which was accepted and appropriated by the City Council on October 15, 2024 through authorization of PSA No. F030 with Caltrans; and
WHEREAS, subsequently, the City was awarded a Cycle 7 ATP grant from the San Diego Association of Governments (“ SANDAG”) in the amount of $5,681,000 for construction of the Project (the “Cycle 7 Grant”); and
WHEREAS, on June 17, 2025 , the City Council adopted Resolution No. 2025-70 authorizing the Mayor to exec ute another MOU with Port of San Diego for reimbursement from the Port of San Diego of up to $2,000,000 for the Project’s construction; and WHEREAS, on June 20, 2025, Caltrans issued an authorization to proceed to the City for the construction phase, formalized as a PSA, confirming the State Funds portion of $1,243,000 with a required local match of $1,995,000, in addition to Federal Funds of $5,681,000; and

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WHEREAS, funds are available to meet the local match utilizing existing appropriation from the Port of San Diego; and
WHEREAS, City staff recommends the City Council adopt this Resolution authorizing the Mayor to execute PSA No. F031 with Caltrans for the Project to allow reimbursement of up to $5,681,000 for the construction phase.

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

Section 1: That the City Council hereby authorizes the Mayor to execute Program Supplement Agreement No. F031 with the State of California Department of Transportation for the Bayshore Bikeway – Segment 5 and Connections Project, CIP 19-24, ATP Cycle 7.

Section 2: That the City Council authorizes the establishment of an Engineering Grants Fund appropriation of $5,681,000 and corresponding revenue budget.

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

PASSED and ADOPTED this 5th day of August, 2025.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

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AGENDA REPORT

Department: Engineering and Public Works
Prepared by: Luca Zappiello, Associate Engineer - Civil Meeting Date: Tuesday, August 5, 2025
Approved by: Scott W. Huth, Interim City Manager

SUBJECT:

Increase Contract Amount for the Bicycle Wayfinding Project, CIP No. 19 -25, through use of Active Transportation Program Grant Funds.

RECOMMENDATION:

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The Bicycle Wayfinding Project, CIP No. 19-25 (Project), consists of the fabrication and installation of more than 100 signs and five kiosks at key decision points throughout the City of National City’s bicycle network. The wayfinding signs direct people on bikes to important destinations such as schools, transit stations, community centers, and parks.

This project is funded by a $942,000 State Active Transportation Program (ATP) grant awarded by the California Department of Transportation (Caltrans) on January 30, 2019. Through adoption of City Council Resolution Nos. 2020-98 and 2022-44, the City Council authorized the Mayor to execute Program Supplement Agreements for grant award and timely use of funds. On December 5, 2023, through adoption of Resolution 2023-164, the City Council authorized the appropriation of $832,000 in grant funds for project construction.

On March 19, 2024, City Council adopted Resolution No. 2024-17 awarding a contract in the amount of $336,990 to “A Good Sign and Graphics Co.” for construction of the Project, including a 15% contingency in the amount of $50,548.50. The engineer’s cost estimate for the Project was $650,000.

As construction progressed, it became apparent that the quantity and spacing of bicycle wayfinding signs being installed along existing and proposed bicycle routes within the study area was insufficient to achieve the grant objective s based on field conditions. Therefore, staff negotiated a change order with the contractor to install 76 additional bicycle wayfinding signs at strategic locations for a cost of $139,980. The contractor has agreed to maintain their competitive bid unit prices for fabrication and installation of the additional wayfinding signs. Since this amount exceeds the previously authorized 15% contingency, staff is requesting authorization from City Council to increase the contract amount before proceeding with the additional work.

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FINANCIAL STATEMENT:

Funding is available in the following expenditure account through prior City Council appropriations:

Contract Increase - $139,980
Expenditure Account No. 296-10-18-18500-7598-1925296 Citywide Bike Wayfinding (ATP Grant)

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Transportation Choices and Infrastructure

ENVIRONMENTAL REVIEW:

The Notice of Exemption was filed to satisfy CEQA requirements.

PUBLIC NOTIFICATION:

The Agenda Report was posted within 72 hours of the meeting date and time in accordance with the Ralph M. Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Location Map
Exhibit B – Resolution

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24TH STEUCLID AVE
4TH ST
30TH ST
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BETA STN T AVE
8TH ST

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33RD STSWEETWATER TRAIL
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SHEET LEGENDLOCATION OF EXISTING PROJECT SIGNAGELOCATION OF ADDITIONAL PROPOSED SIGNAGEPROJECT AREA

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RESOLUTION NO. 2025 -

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

AUTHORIZING A CHANGE ORDER AND INCREASE TO THE CONTRACT WITH A GOOD SIGN & GRAPHICS CO. IN THE AMOUNT OF $139,980 FOR THE BICYCLE WAYF INDING PROJECT, CIP NO. 19-25.

WHEREAS, the Bicycle Wayfinding Project, CIP No. 19-25, consists of the fabrication and installation of more than 100 signs and five kiosks at key decision points throughout the City of National City’s bicycle network, with such wayfinding signs directing people on bikes to important destinations such as schools, transit stations, community centers, and parks (the “Project”); and WHEREAS, the Project is funded by a $942,000 State Active Transportation Program grant awarded by the State of California Department of Transportation on January 30, 2019 (the “Grant”); and
WHEREAS, on March 19, 2024, City Council awarded a contract for the Project to A Good Sign & Graphics Co. (“Good Sign’) in the amount not to exceed $336,990 and authorized a 15% contingency in the amount of $50,548.50 to address any unforeseen conditions that may arise ; and
WHEREAS, as construction of the Project progressed, it became apparent that the quantity and spacing of bicycle wayfinding signs being installed along existing and proposed bicycle routes within the study area was insufficient to achieve the Grant objectives based on field conditions and, as a result, staff negotiated a Project change order with Good SIgn to install 76 additional bicycle wayfinding signs at strategic locations, for a cost of $139,980; and WHEREAS, the proposed change order amount exceeds both the 15% contingency previously authorized by the City Council and the City Manager’s authority to approve change orders as set forth in section 2.60.270 of the National City Municipal Code and, therefore, staff is requesting authorization from City Council to approve the change order and increase the contract amount; and
WHEREAS, sufficient funding is available through the Grant and has been appropriated for the Project.

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 a change order and increase to the contract with A Good Sign & Graphics Co. in the amount of $139,980 for the Bicycle Wayfinding Project, CIP No. 19-25.

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

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National City City CouncilAugust 5, 2025

National City City Council
August 5, 2025