Cities Index.
Agenda packet, second session

National City City Council
March 15, 2022

Document
Agenda packet, second session
Meeting
March 15, 2022
Body
National City City Council
Pages
27
Original file
44.6 MB
Text extracted from the city's file for reading and search. Open the original on nationalcityca.new.swagit.com. That file is the official record.

- Providestechnicalsupport,training,and assistanceto employees;explainsIT issues,and implementssolutionsaccordingto IT Divisionstandards,guidelines,and procedures; followsup with userstoverifythefunctionalityof theusers‘systems. 0 Installs,moves, updates,and integratescomputers,workstations,system components, communicationsequipment,and peripherals;installsand configuressoftwareupgrades, enhancements,and revisedfunctions;verifiesperformanceof user'ssystems. 0 Maintainsand enforcesallaspectsof computer securityproceduresand standards, includingtheconfidentialityof work-relatedissuesand Cityinformation. o Performsotherrelateddutiesas requiredor assigned.

MINIMUM QUALIFICATIONS
Training and Exgerience: Any combinationequivalentto trainingand experiencethatcould likelyprovidethe requiredknowledge, skills,and abilitieswillbe qualifying.A typicalway to obtainthe requiredknowledge, skills,and abilitieswould be: Associateof Sciencedegree in informationscience,computer science01'a closelyrelatedfield with four(4)yearsof advanced journey-levelexperiencein computer operation,includinginstallation,troubleshootingand maintenanceofVirtualizationsoftware,ActiveDirectory,firewalls,and othernetwork systemsand devices.

Knowledge and Skillsin:Currentprinciplesand practicesof computer systemsconfiguration, administration,security,maintenance, operation,and troubleshooting.Setup, operation,and maintenanceofPCs, virtualand physicalserversina LAN/WAN/wireless and wired environment, includinginstallation,troubleshooting,and repairof components.Operation,configuration,and troubleshootingof networkingcomponents connectingoffices viaWAN circuitsand fiber optic systems,especiallyadministrationand management of highlysegmented TCP/IP environments.

Public safetycomputer systems in use in flqe City,including,but not limitedto mobile data terminalsin vehicles,computer aided dispatch,publicrecordsmanagement, and wirelessand cellularbroadband network technologies.Other systems/programsin use in the City,including, but not limitedto network and computer operatingsystems,databases,email systems,antivirus products,and backup products,VOIP telephoneand voicemailsystems.Common administration and troubleshootingof printers,disk drives, modems and other network communication equipment,such as firewalls,switches,and routers.Common and specificinformationsystems methods, principles,and practicesas they relateto municipalmanagement informationsystems operations.Pertinentfederal,state,and locallaws and regulationsas they relateto information systemsmanagement ina municipalorganization.

Abilityto:Install,evaluate,test,configure,maintain,and troubleshoota varietyof operating systemsand supportinghardware/sottware.Effectrepairsand systemchangesand enhancements with low uservisibility.Analyze,troubleshoot,and resolvehighlytechnicalnetworkingissues.

Respond torequestsand inquiriesfrom network usersand provideassistanceas needed.Meet deadlinesand prioritizetaskswith and withoutdirection.Communicate clearlyand concisely, both orallyand inwriting.Oversee,directand coordinatethework of lower levelstaff.Establish, maintain,and fosterpositiveworkingrelationshipswithalllevelsofstaffand contactsinoutside consultants/agencies.

177 of 452
ClassSpecification
SeniorInformationTechnology Analyst

Page 3 ends

DEMANDS AND WORKING CONDITIONS
This positionrequiresincumbents to be availableforrotatingon—callassignmentsand may be requiredto work duringirregularwork hours to supportor perform maintenance/installationsin ordertominimize theimpactto Cityoperations.

Incumbents must have the abilityto walk, sit,bend and stoop,have repetitiveuse of hands to operatecomputers,printersand copiers,liftand carryobjectsup to40 pounds withoutassistance, and liftobjectsup to 75 pounds with assistance.

LICENSES, CERTIFICATIONS, OR SPECIAL REQUIREMENTS
Possessionof a validCaliforniaClassC Driver’sLicense,which must be maintainedthroughout employment, isrequiredattimeof appointment,or othermeans thatwould allowfortheabilityto commute to Cityfacilitiesor othersitesformeetings,trainings,and toprovidetechnicalsupport or a reviewof technologyneeds.

178 of 452
City of National City
Human Resources Department

MANAGEMENT POSITIONS
7'? 7w :szW’7'{W" s73
,, 949;»):1,1}.,, , ,,,,,;, mummy)
Asst Directorof PWIEngineering 9,029.30 -— $ 12,634.81 $108,351.58 $ 151,617.78

BattalionChief2 8,379.44 — $ 11,427.18 $100,553.30 $ 137,126.15

Budget Manager 6,084.69 $ 10,109.50 $ 73,016.28 $ 121,313.96

BuildingOfficial 7,563.42 $ 11,247.35 $ 90,761.01 $ 134,968.19

Community Development Manager 7,654.06 $ 10,553.29 $ 91,848.74 $ 126,639.46

Community Development SpecialistI" 6,180.60 $ 9,289.76 74,167.23 $ 111,477.18

Deputy CityAttorney 7,432.18 $ 10,900.54 89,186.18 $ 130,806.43

Deputy CityClerk 5,825.34 $ 8,083.68 69,904.08 $ 97,004.12

Deputy Directorof Human Resources 7,705.07 $ 10,623.62 92,460.89 $ 127,483.48

Equipment MaintSupervisor 5,822.46 $ 8,807.62 69,869.47 $ 105,691.47

FacilitiesMain: Supervisor 4,495.31 $ 7,486.54 53,943.74 $ 89,838.54

FinancialServices Officer 7,868.80 $ 10,632.07 94,425.57 $ 127,584.85

Housing Programs Manager 7,034.48 $ 9,844.24 84,413.76 $ 118,130.93

Human Resources Manager 7,705.07 $ 10,623.62 $ 92,460.89 $ 127,483.48

InformationTechnology Manager 8,403.18 $ 10,915.79 3 100,838.13 $ 130,989.45

ManagementAnalystl 4,215.43 $ 6,414.54 5 50,585.11 $ 76,974.54

ManagementAnalystll 4,791.05 $ 7,289.93 $ 57,492.54 $ 87,479.12

ManagementAnalystlll 5,361.93 $ 8,165.30 $ 64,343.16 $ 97,983.58

NeighborhoodCouncilCoordinator 5,308.33 $ 8,083.68 63,699.98 $ 97,004.12

Neighborhood Services Manager 4,423.40 $ 9,008.57 53,080.80 $ 108,102.88

NutritionProgram Manager 4,856.78 $ 8,783.56 58,281.33 $ 105,402.77

Park Superintendent 6,275.79 $ 8,940.04 75,309.43 $ 107,280.46

Planning Manager $8,033.16 $10,554.45 96,397.92 $ 126,653.40 179 of 452
City of National City
Human Resources Department

MANAGEMENT POSITIONS
,-'§_ ' ARV?
(ANNE
PlO/MgmtAnalystlll $ 5,477.37 — $ 8,341.10 $ 65,728.48 — $ 100,093.19

PoliceCaptain‘ $ 11,249.69 — $ 14,510.98 $ 134,996.29 $ 174,131.77

PoliceSupportServices Manager $ 7,657.69 —- $ 8,473.73 $ 91,892.23 $ 101,684.81

PrincipalCivilEngineer $ 9,002.21 — $ 11,206.25 $ 108,026.47 $ 134,474.96

PrincipalLibrarian $ 6,938.63 — $ 8,885.48 $ 83,263.54 $ 106,625.78

PrincipalPlanner 7,302.87 9,594.95 $ 87,634.45 $ 115,139.34

ProjectOfficer 5,979.68 9,164.31 71,756.15 $ 109,971.74

Purchasing Agent 5,533.05 9,620.09 66,396.56 $ 115,441.04

Recreafion Superintendent 6,125.72 $ 8,783.56 73,508.69 $ 105,402.77

Risk Manager 5,700.06 $ 10,484.24 68,400.75 $ 125,810.90

Senior Accountant 6,323.20 $ 7,868.80 75,878.36 $ 94,425.57

SpecialAssistantto the Mayor 4,560.72 $ 7,217.06 54,728.69 $ 86,604.67

Street Maintenance Supervisor 5,288.66 $ 7,486.54 63,463.90 $ 89,838.54

Street8.Wastewater Maint Superintendent 6,184.78 $ 9,124.27 $ 74,217.36 $ 109,491.28

TrafficEngineer 8,530.00 $ 11,045.77 $ 102,359.96 $ 132,549.29

WastewaterSupervisor $ 5,650.77 $ 7,562.86 $ 67,809.22 $ 90,754.37 ' Police Captain receives a $ 750 Uniform Allowance
‘ BattalionChief receives a $650 Uniform Allowance
180 of 452

CITY OF NATIONAL CITY

CONFIDENTIAL SALARY SCHEDULE
TITLE
:591110!Information,Technology Analyst,
InformationTechnology Analyst
lnformatlon Technology Technician
Executive AssistantIV
Executive AssistantIII
Executive AssistantII
PayrollTechnician II
Confidential Assistant(At—Will)
Executive Assistantl
PayrollTechnician I
i. .1
Bl-WEEKLY

MONTHLY
ANNUAL
HOURLY
El-WEEKLY

MONTHLY
ANNUAL
HOURLY

BI-WEEKLY

MONTHLY
ANNUAL
HOURLY
Bl-WEEKLY

MONTHLY
ANNUAL
HOURLY
Bl-WEEKLY

MONTHLY
ANNUAL
HOURLY
BI—WEEKLY

MONTHLY
ANNUAL
HOURLY
Bl-WEEKLY

MONTHLY
ANNUAL
HOURLY
Bl—WEEKLY

MONTHLY
ANNUAL
HOURLY
Bl—WEEKLY

MONTHLY
ANNUAL
HOURLY
Bl-WEEKLY

MONTHLY
ANNUAL
HOURLY
STEP A
3,440.57
7,454.57
89,454.82

43.01 2,991.80
6,482.23
77,786.79

37.40 2,567.84
5,563.66
66,763.96

32.10 2,372.93
5,141.35
61,696.23

29.66 2,247.70
4,870.02
58,440.27

28.10 2,090.06
4,528.46
54,341.54

26.13 1,957.47
4,241.19
50,894.25

24.47 1,919.23
4,158.33
49,899.98

23.99 1,842.98
3,993.12
47,917.49

23.04 1,779.53
3,855.65
46,267.79

22.24 STEP B
3,612.60
7,827.30
93,927.60

45.16 3,141.40
6,806.36
81,676.33

39.27 2,698.23
5,841.84
70,102.11

33.70 2,491.59
5,398.44
64,781.23

31.14 2,360.08
5,113.51
61,362.16

29.50 2,194.56
4,754.87
57,058.49

27.43 2,055.35
4,453.25
53,439.01

25.69 2,015.19
4,366.25
52,395.02

25.19 1,935.13
4,192.77
50,313.28

24.19 1,868.50
4,048.42
48,581.02

23.36 STEP 0
3,793.23
8,218.67
98,623.98

47.42 3,298.47
7,146.68
85,760.11

41.23 2,831.04
6,133.93
73,607.13

35.39 2,616.16
5,668.34
68,020.06

32.70 2,478.09
5,369.19
64,430.31

30.98 2,304.28
4,992.61
59,911.32

28.80 2,158.11
4,675.91
56,110.93

26.98 2,115.95
4,584.56
55,014.75

26.45 2,031.88
4,402.41
52,828.94

25.40 1,961.92
4,250.83
51 ,010.01

24.52 STEP D
3,982.89
8,629.80
103,555.14

49.79 3,463.39
7,504.00
90,048.03

43.29 2,972.60
6,440.63
77,287.58

37.16 2,746.97
5,951.76
71,421.16

34.34 2,602.00
5,637.67
67,652.02

32.53 2,419.50
5,242.25
62,907.04

30.24 2,266.02
4,909.71
58,916.58

28.33 2,221.75
4,813.80
57,765.58

27.77 2,133.48
4,622.53
55,470.38

26.67 2,060.03
4,463.40
53,560.76

25.75 STEP E
4,182.03
9,061.07
108,732.78

52.28 3,636.56
7,879.21
94,550.53

45.46 3,121.23
6,762.67
61,152.02

39.02 2,884.31
6,249.34
74,992.11

36.05 2,732.10
5,919.55
71,034.59

34.15 2,540.48
5,504.37
66,052.39

31.76 2,379.33
5,155.21
61,862.51

29.74 2,332.64
5,054.50
60,653.96

29.16 2,240.16
4,653.67
58,244.04

28.00 2,163.01
4,686.53
56,238.38

27.04 181 of 452
RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA CREATING TWO (2) NEW JOB CLASSIFICATIONS AND AMENDING

THE MANAGEMENT SALARY SCHEDULE, AND THE CONFIDENTIAL SALARY

SCHEDULE

WHEREAS, City staff recommends approving the addition of the Planning Manager classification to the Management Salary Schedule, and approving the Senior Information Technology Analyst classification to Confidential Salary Schedule; and

WHEREAS, the two (2) classifications were created to address the expanded needs of higher -level subject matter expertise and complex project oversight in their respective departments and to support the workforce sustainability of current and future service delivery; and
WHEREAS, the Planning Manager position will be filled by an existing City staff member that is already performing the higher -level responsibilities and the Senior Information Technology Analyst position will be filled through an open recruitment; and

WHEREAS, City staff recommends City Council approval in creating two (2) new job classifications and amending the Management Salary Schedule and the Confidential Salary Schedule.

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

CALIFORNIA, D OES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Approves the addition of the Planning Manager classification to the Management Salary Schedule, and the Senior Information Technology Analyst classification to the Confidential Salary Schedule.

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

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

Alejandra Sotelo-Solis, Mayor

ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney
182 of 452

The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California, approving an amendment to the salary schedule for the National City Municipal Employees Association (NCMEA) to revise the Fire Inspector and approving an amendment to the salary schedule for the Management & Executive Groups for the Police Support Services Manager and Assistant City Attorney.(Finance)
Please scroll down to view the backup material.
183 of 452

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

RECOMMENDATION:

ATTACHMENTS:
________________

March 15, 2022

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

Administrative Services

On February 1, 2022 City Council approved new salary schedules for MEA, Confidential, Management, and Executive employees for 2022 through 2024 to reflect a 3% COLA increase and varying equity adjustments based on the results of a classification and compensation study, with the goal of moving all classifications to within 70% of median over a three year period.

Over the last month, it has come to the attention of staff that there are three edits needed to those salary schedules to update the equity adjustments for three classifications, with the corrected amounts reflected in the agenda material attachments.
1) MEA Fire Inspector should have been 0.4% more per year 2) Police Support Service Manager compensation study was missing some classification matches and some matches used the wrong classification. A revised study was produced for this position. 3) Assistant City Attorney classification was not originally in the compensation study, but has since become filled.

The City went back to the consultant who completed the study to add this classification. The update is based on the results of the position specific findings.

Molly Brennan

1. Resolution

2. MEA Salary Schedule Update – Fire Inspector

3. Management & Executive Salary Schedule Update

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

FINAL ADOPTION:

APPROVED: ________________ MIS

Personnel services costs are estimated to increase $3,708.26 for the City’s two Fire Inspectors, $7,319.69 for the Police Support Services Manager, and $32,045.25 for the Assistant City Attorney for the three year period of 2022 through 2024.

Adopt the resolution approving an amendment to the NCMEA and Management & Executive Salary Schedules.

619-336-4265

184 of 452
NCMEA SALARY SCHEDULE UPDATE
EFFECTIVE FEB 2022
FIRE INSPECTOR ‐ PREVIOUSLY ADOPTED
A 29.86        2,388.92   5,176.00   62,111.96
B 31.36        2,508.58   5,435.26   65,223.08
C 32.92        2,633.33   5,705.55   68,466.58
D 34.56        2,764.87   5,990.55   71,886.60
E 36.29        2,903.20   6,290.26   75,483.13

FIRE INSPECTOR - CORRECTED
A 29.97 2,397.93 5,195.51 62,346.17
B 31.48 2,518.04 5,455.75 65,469.02
C 33.04 2,643.26 5,727.06 68,724.75
D 34.69 2,775.29 6,013.14 72,157.66
E 36.43 2,914.14 6,313.98 75,767.76
EFFECTIVE JAN 2023
FIRE INSPECTOR ‐ PREVIOUSLY ADOPTED
A 31.68 2,534.17 5,490.70 65,888.37
B 33.26 2,661.10 5,765.72 69,188.64
C 34.92 2,793.44 6,052.45 72,629.35
D 36.66 2,932.97 6,354.78 76,257.30
E 38.50 3,079.71 6,672.71 80,072.51
FIRE INSPECTOR ‐ CORRECTED
A 31.92        2,553.32   5,532.18   66,386.20
B 33.52        2,681.21   5,809.28   69,711.41
C 35.18        2,814.54   6,098.18   73,178.11
D 36.94        2,955.13   6,402.79   76,833.48
E 38.79        3,102.98   6,723.13   80,677.51
EFFECTIVE JAN 2024
FIRE INSPECTOR ‐ PREVIOUSLY ADOPTED
A 33.60 2,688.25 5,824.53 69,894.38
B 35.29 2,822.90 6,116.28 73,395.31
C 37.04 2,963.28 6,420.43 77,045.21
D 38.89 3,111.30 6,741.15 80,893.75
E 40.84 3,266.96 7,078.41 84,940.92
FIRE INSPECTOR ‐ CORRECTED
A 33.98        2,718.77   5,890.67   70,688.03
B 35.69        2,854.95   6,185.73   74,228.71
C

37.46        2,996.93   6,493.34   77,920.05
D 39.33         3,146.63   6,817.69   81,812.29
E 41.30         3,304.05   7,158.78   85,905.41
Attachment 2
185 of 452
City of National City
Human Resources Department

MANAGEMENT POSITIONS
February 8, 2022
Asst Director of PW/Engineering 9,029.30$ – 12,634.81 $ 108,351.58 $ – 151,617.78 $ Battalion Chief ² 8,379.44$ – 11,427.18 $ 100,553.30 $ – 137,126.15 $ Budget Manager 6,084.69$ – 10,109.50 $ 73,016.28 $ – 121,313.96 $ Building Official 7,563.42$ – 11,247.35 $ 90,761.01 $ – 134,968.19 $ Community Development Manager 7,654.06$ – 10,553.29 $ 91,848.74 $ – 126,639.46 $ Community Development Specialist III 6,180.60$ – 9,289.76 $ 74,167.23 $ – 111,477.18 $ Deputy City Attorney 7,432.18$ – 10,900.54 $ 89,186.18 $ – 130,806.43 $ Deputy City Clerk 5,825.34$ – 8,083.68 $ 69,904.08 $ – 97,004.12 $ Deputy Director of Human Resources 7,705.07$ – 10,623.62 $ 92,460.89 $ – 127,483.48 $ Equipment Maint Supervisor 5,822.46$ – 8,807.62 $ 69,869.47 $ – 105,691.47 $ Facilities Maint Supervisor 4,495.31$ – 7,486.54 $ 53,943.74 $ – 89,838.54 $ Financial Services Officer 7,868.80$ – 10,632.07 $ 94,425.57 $ – 127,584.85 $ Housing Programs Manager 7,034.48$ – 9,844.24 $ 84,413.76 $ – 118,130.93 $ Human Resources Manager 7,705.07$ – 10,623.62 $ 92,460.89 $ – 127,483.48 $ Information Technology Manager 8,403.18$ – 10,915.79 $ 100,838.13 $ – 130,989.45 $ Management Analyst I 4,215.43$ – 6,414.54 $ 50,585.11 $ – 76,974.54 $ Management Analyst II 4,791.05$ – 7,289.93 $ 57,492.54 $ – 87,479.12 $ Management Analyst III 5,361.93$ – 8,165.30 $ 64,343.16 $ – 97,983.58 $ Neighborhood Council Coordinator 5,308.33$ – 8,083.68 $ 63,699.98 $ – 97,004.12 $ Neighborhood Services Manager 4,423.40$ – 9,008.57 $ 53,080.80 $ – 108,102.88 $ Nutrition Program Manager 4,856.78$ – 8,783.56 $ 58,281.33 $ – 105,402.77 $ Park Superintendent 6,275.79$ – 8,940.04 $ 75,309.43 $ – 107,280.46 $ PIO/Mgmt Analyst III 5,477.37$ – 8,341.10 $ 65,728.48 $ – 100,093.19 $

SALARY BAND
(MONTHLY) (ANNUAL)

POSITION TITLE SALARY BAND
1 Compensation Plan (Mgmt Positions)
Revised 02/01/2022
186 of 452
City of National City
Human Resources Department

MANAGEMENT POSITIONS
February 8, 2022
Police Captain ¹ 11,249.69$ – 14,510.98 $ 134,996.29 $ – 174,131.77 $ Police Support Services Manager 7,739.96$ – 8,564.77 $ 92,879.50 $ – 102,777.28 $ Principal Civil Engineer 9,002.21$ – 11,206.25 $ 108,026.47 $ – 134,474.96 $ Principal Librarian 6,938.63$ – 8,885.48 $ 83,263.54 $ – 106,625.78 $ Principal Planner 7,302.87$ – 9,594.95 $ 87,634.45 $ – 115,139.34 $ Project Officer 5,979.68$ – 9,164.31 $ 71,756.15 $ – 109,971.74 $ Purchasing Agent 5,533.05$ – 9,620.09 $ 66,396.56 $ – 115,441.04 $ Recreation Superintendent 6,125.72$ – 8,783.56 $ 73,508.69 $ – 105,402.77 $ Risk Manager 5,700.06$ – 10,484.24 $ 68,400.75 $ – 125,810.90 $ Senior Accountant 6,323.20$ – 7,868.80 $ 75,878.36 $ – 94,425.57 $ Special Assistant to the Mayor 4,560.72$ – 7,217.06 $ 54,728.69 $ – 86,604.67 $ Street Maintenance Supervisor 5,288.66$ – 7,486.54 $ 63,463.90 $ – 89,838.54 $ Street & Wastewater Maint Superintendent 6,184.78$ – 9,124.27 $ 74,217.36 $ – 109,491.28 $ Traffic Engineer 8,530.00$ – 11,045.77 $ 102,359.96 $ – 132,549.29 $ Wastewater Supervisor 5,650.77$ – 7,562.86 $ 67,809.22 $ – 90,754.37 $

SALARY BAND
(MONTHLY) (ANNUAL)

POSITION TITLE SALARY BAND
¹ Police Captain receives a $750 Uniform Allowance
² Battalion Chief receives a $650 Uniform Allowance
2 Compensation Plan (Mgmt Positions)
Revised 02/01/2022
187 of 452
City of National City
Human Resources Department

MANAGEMENT POSITIONS
February 2023
Asst Director of PW/Engineering 9,629.75$ – 13,475.03 $ 115,556.96 $ – 161,700.36 $ Battalion Chief ² 8,909.86$ – 12,150.52 $ 106,918.33 $ – 145,806.23 $ Budget Manager 6,586.07$ – 10,942.52 $ 79,032.82 $ – 131,310.23 $ Building Official 8,071.68$ – 12,003.17 $ 96,860.15 $ – 144,038.05 $ Community Development Manager 8,039.06$ – 11,084.12 $ 96,468.73 $ – 133,009.43 $ Community Development Specialist III 6,453.17$ – 9,699.44 $ 77,438.00 $ – 116,393.32 $ Deputy City Attorney 8,074.32$ – 11,842.34 $ 96,891.87 $ – 142,108.10 $ Deputy City Clerk 6,000.10$ – 8,326.19 $ 72,001.20 $ – 99,914.25 $ Deputy Director of Human Resources 8,146.57$ – 11,232.36 $ 97,758.89 $ – 134,788.29 $ Equipment Maint Supervisor 5,997.13$ – 9,071.85 $ 71,965.56 $ – 108,862.22 $ Facilities Maint Supervisor 4,630.17$ – 7,711.14 $ 55,562.05 $ – 92,533.69 $ Financial Services Officer 8,267.75$ – 11,321.03 $ 99,212.94 $ – 135,852.35 $ Housing Programs Manager 7,414.34$ – 10,375.83 $ 88,972.11 $ – 124,510.00 $ Human Resources Manager 8,146.57$ – 11,232.36 $ 97,758.89 $ – 134,788.29 $ Information Technology Manager 8,961.99$ – 11,641.69 $ 107,543.87 $ – 139,700.25 $ Management Analyst I 4,385.73$ – 6,673.69 $ 52,628.75 $ – 80,084.31 $ Management Analyst II 4,984.60$ – 7,584.44 $ 59,815.24 $ – 91,013.28 $ Management Analyst III 5,578.55$ – 8,495.18 $ 66,942.63 $ – 101,942.12 $ Neighborhood Council Coordinator 5,467.58$ – 8,326.19 $ 65,610.98 $ – 99,914.25 $ Neighborhood Services Manager 4,660.05$ – 9,490.53 $ 55,920.62 $ – 113,886.38 $ Nutrition Program Manager 5,070.96$ – 9,170.92 $ 60,851.53 $ – 110,051.03 $ Park Superintendent 6,669.28$ – 9,500.58 $ 80,031.33 $ – 114,006.94 $ PIO/Mgmt Analyst III 5,821.35$ – 8,864.92 $ 69,856.23 $ – 106,379.04 $

SALARY BAND
(MONTHLY) (ANNUAL)

POSITION TITLE SALARY BAND
1 Compensation Plan (Mgmt Positions)
Revised 02/01/2022
188 of 452
City of National City
Human Resources Department

MANAGEMENT POSITIONS
February 2023
Police Captain ¹ 11,897.67$ – 15,346.81 $ 142,772.08 $ – 184,161.76 $ Police Support Services Manager 8,446.62$ – 9,346.74 $ 101,359.39$ – 112,160.85 $ Principal Civil Engineer 9,572.05$ – 11,915.60 $ 114,864.55 $ – 142,987.22 $ Principal Librarian 7,164.83$ – 9,175.15 $ 85,977.93 $ – 110,101.78 $ Principal Planner 7,875.42$ – 10,347.19 $ 94,504.99 $ – 124,166.27 $ Project Officer 6,159.07$ – 9,439.24 $ 73,908.84 $ – 113,270.89 $ Purchasing Agent 5,699.04$ – 9,908.69 $ 68,388.46 $ – 118,904.27 $ Recreation Superintendent 6,395.87$ – 9,170.92 $ 76,750.42 $ – 110,051.03 $ Risk Manager 5,987.35$ – 11,012.65 $ 71,848.15 $ – 132,151.77 $ Senior Accountant 6,643.78$ – 8,267.75 $ 79,725.39 $ – 99,212.94 $ Special Assistant to the Mayor 4,697.55$ – 7,433.57 $ 56,370.55 $ – 89,202.81 $ Street Maintenance Supervisor 5,447.32$ – 7,711.14 $ 65,367.82 $ – 92,533.69 $ Street & Wastewater Maint Superintendent 6,708.01$ – 9,896.19 $ 80,496.14 $ – 118,754.24 $ Traffic Engineer 9,205.57$ – 11,920.60 $ 110,466.87 $ – 143,047.19 $ Wastewater Supervisor 5,879.62$ – 7,869.16 $ 70,555.49 $ – 94,429.92 $

SALARY BAND
(MONTHLY) (ANNUAL)

POSITION TITLE SALARY BAND
¹ Police Captain receives a $750 Uniform Allowance
² Battalion Chief receives a $650 Uniform Allowance
2 Compensation Plan (Mgmt Positions)
Revised 02/01/2022
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City of National City
Human Resources Department

MANAGEMENT POSITIONS
February 2024
Asst Director of PW/Engineering 10,270.12$ – 14,371.12 $ 123,241.50 $ – 172,453.43 $ Battalion Chief ² 9,473.85$ – 12,919.65 $ 113,686.26 $ – 155,035.76 $ Budget Manager 7,128.76$ – 11,844.18 $ 85,545.13 $ – 142,130.20 $ Building Official 8,614.10$ – 12,809.78 $ 103,369.15 $ – 153,717.41 $ Community Development Manager 8,443.43$ – 11,641.65 $ 101,321.10 $ – 139,699.80 $ Community Development Specialist III 6,737.75$ – 10,127.19 $ 80,853.02 $ – 121,526.27 $ Deputy City Attorney 8,771.94$ – 12,865.52 $ 105,263.33 $ – 154,386.24 $ Deputy City Clerk 6,180.10$ – 8,575.97 $ 74,161.24 $ – 102,911.67 $ Deputy Director of Human Resources 8,613.37$ – 11,875.97 $ 103,360.48 $ – 142,511.65 $ Equipment Maint Supervisor 6,177.04$ – 9,344.01 $ 74,124.52 $ – 112,128.08 $ Facilities Maint Supervisor 4,769.08$ – 7,942.48 $ 57,228.91 $ – 95,309.70 $ Financial Services Officer 8,686.92$ – 12,054.63 $ 104,243.04 $ – 144,655.58 $ Housing Programs Manager 7,814.72$ – 10,936.13 $ 93,776.60 $ – 131,233.54 $ Human Resources Manager 8,613.37$ – 11,875.97 $ 103,360.48 $ – 142,511.65 $ Information Technology Manager 9,557.96$ – 12,415.86 $ 114,695.53 $ – 148,990.31 $ Management Analyst I 4,562.91$ – 6,943.31 $ 54,754.95 $ – 83,319.71 $ Management Analyst II 5,185.98$ – 7,890.85 $ 62,231.78 $ – 94,690.21 $ Management Analyst III 5,803.93$ – 8,838.38 $ 69,647.11 $ – 106,060.58 $ Neighborhood Council Coordinator 5,631.61$ – 8,575.97 $ 67,579.31 $ – 102,911.67 $ Neighborhood Services Manager 4,909.36$ – 9,998.28 $ 58,912.38 $ – 119,979.31 $ Nutrition Program Manager 5,294.59$ – 9,575.36 $ 63,535.09 $ – 114,904.28 $ Park Superintendent 7,087.44$ – 10,096.26 $ 85,049.29 $ – 121,155.18 $ PIO/Mgmt Analyst III 6,186.93$ – 9,421.64 $ 74,243.20 $ – 113,059.64 $

SALARY BAND
(MONTHLY) (ANNUAL)

POSITION TITLE SALARY BAND
1 Compensation Plan (Mgmt Positions)
Revised 2/01/2022
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City of National City
Human Resources Department

MANAGEMENT POSITIONS
February 2024
Police Captain ¹ 12,582.98$ – 16,230.79 $ 150,995.75 $ – 194,769.47 $ Police Support Services Manager 9,217.79$ – 10,200.09 $ 110,613.51 $ – 122,401.13 $ Principal Civil Engineer 10,177.96$ – 12,669.86 $ 122,135.48 $ – 152,038.31 $ Principal Librarian 7,398.40$ – 9,474.26 $ 88,780.81 $ – 113,691.10 $ Principal Planner 8,492.85$ – 11,158.41 $ 101,914.18 $ – 133,900.90 $ Project Officer 6,343.84$ – 9,722.42 $ 76,126.10 $ – 116,669.02 $ Purchasing Agent 5,870.01$ – 10,205.95 $ 70,440.11 $ – 122,471.40 $ Recreation Superintendent 6,677.93$ – 9,575.36 $ 80,135.12 $ – 114,904.28 $ Risk Manager 6,289.11$ – 11,567.69 $ 75,469.30 $ – 138,812.22 $ Senior Accountant 6,980.62$ – 8,686.92 $ 83,767.47 $ – 104,243.04 $ Special Assistant to the Mayor 4,838.47$ – 7,656.57 $ 58,061.67 $ – 91,878.89 $ Street Maintenance Supervisor 5,610.74$ – 7,942.48 $ 67,328.85 $ – 95,309.70 $ Street & Wastewater Maint Superintendent 7,275.51$ – 10,733.40 $ 87,306.12 $ – 128,800.85 $ Traffic Engineer 9,934.65$ – 12,864.71 $ 119,215.85 $ – 154,376.53 $ Wastewater Supervisor 6,117.75$ – 8,187.86 $ 73,412.99 $ – 98,254.33 $

SALARY BAND
(MONTHLY) (ANNUAL)

POSITION TITLE SALARY BAND
¹ Police Captain receives a $750 Uniform Allowance
² Battalion Chief receives a $650 Uniform Allowance
2 Compensation Plan (Mgmt Positions)
Revised 2/01/2022
191 of 452
City of National City
Human Resources Department

EXECUTIVE POSITIONS
February 8, 2022
City Manager
City Attorney
Assistant City Manager ¹ $ 8,718.91 – 17,129.29$ $ 104,626.89 – $ 205,551.50 Assistant Police Chief $ 12,235.92 – 16,144.50$ $ 146,831.00 – $ 193,734.00 City Librarian $ 9,914.63 – 12,999.90$ $ 118,975.50 – $ 155,998.77 Community Development Executive Director ¹ $ 9,875.70 – 14,986.79$ $ 118,508.40 – $ 179,841.50 Community Services Director $ 9,064.80 – 12,110.47$ $ 108,777.60 – $ 145,325.65 Deputy City Manager $ 8,696.04 – 16,241.25$ $ 104,352.53 – $ 194,895.00 Director of Administrative Services $ 10,863.00 – 14,217.11$ $ 130,356.00 – $ 170,605.37 Director of Building & Safety $ 9,875.70 – 11,775.66$ $ 118,508.40 – $ 141,307.97 Director of Community Development $ 9,875.70 – 13,902.28$ $ 118,508.40 – $ 166,827.30 Director of Emergency Services ² $ 11,102.00 – 14,710.76$ $ 133,224.00 – $ 176,529.13 Director of Finance $ 10,863.00 – 13,558.10$ $ 130,356.00 – $ 162,697.19 Director of Housing & Economic Development $ 9,727.20 – 12,399.87 $ $ 116,726.40 – $ 148,798.41 Director of Neighborhood Services $ 9,875.70 – 12,589.17$ $ 118,508.40 – $ 151,070.03 Director of Planning $ 9,882.80 – 13,480.28$ $ 118,593.58 – $ 161,763.35 Director of Public Works $ 10,966.00 – 13,893.41$ $ 131,592.00 – $ 166,720.88 Director of Public Works/City Engineer $ 10,966.00 – 13,893.41$ $ 131,592.00 – $ 166,720.88 Fire Chief $ 11,102.00 – 14,710.76$ $ 133,224.00 – $ 176,529.13 Human Resources Director $ 10,892.00 – 13,616.63$ $ 130,704.00 – $ 163,399.61 Library and Community Services Director $ 9,914.63 – 15,475.74$ $ 118,975.50 $ 185,708.93 Police Chief ³ $ 15,618.17 – 17,758.95$ $ 187,418.01 – $ 213,107.40 Records Management Officer $ 7,565.60 – 9,305.45$ $ 90,787.20 – $ 111,665.40 Assistant City Attorney $ 9,785.70 – 14,760.13$ $ 117,428.40 – $ 177,121.56

SALARY BAND
(MONTHLY) (ANNUAL)POSITION TITLE SALARY BAND
$18,802.51 (Jan-May)
$20,017.15 (May-Dec)
$225,630.08 (Jan-May)
$240,205.80 (May-Dec)
$16,308.33 (Actual Salary)
$16,797.58 (Actual Oct 2022)
$195,700 (Current)
$201,570.96 (Oct 2022)
Effective 05/22/19, Appointment of City Manager (per Resolution 2019-70, Employment Agreement) Effective 10/21/20, Adjusted Salary of City Attorney (per Resolution 2020-190, Employment Agreement) Auto Allowance: $300/month, w/exception of Police & Fire Chief who are assigned a City Vehicle, and City Attorney. The City Manager receives $750/month and Assistant City Manager receives $400/month. ¹ If residing in National City, the Asst City Manager & CDC Executive Director receive a Housing Differential of $15,000 per year (per Resolution 2009-100)
² Director of Emergency Services receives $650 Uniform Allowance annually (per memo dated 08/02/12) ³ Police Chief receives a $750 Uniform Allowance (per employment agreement of 03/13/19)

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192 of 452
City of National City
Human Resources Department

EXECUTIVE POSITIONS
February 2023
City Manager
City Attorney
Assistant City Manager ¹ $ 9,310.05 – 18,290.66$ $ 111,720.59 – $ 219,487.90 Assistant Police Chief $ 13,169.52 – 17,376.33$ $ 158,034.20 – $ 208,515.90 City Librarian $ 11,234.26 – 14,730.18$ $ 134,811.14 – $ 176,762.21 Community Development Executive Director ¹ $ 10,836.61 – 16,445.01$ $ 130,039.27 – $ 197,340.08 Community Services Director $ 10,271.32 – 13,722.37$ $ 123,255.90 – $ 164,668.49 Deputy City Manager $ 9,261.29 – 17,296.93$ $ 111,135.45 – $ 207,563.18 Director of Administrative Services $ 11,800.48 – 15,444.05$ $ 141,605.72 – $ 185,328.61 Director of Building & Safety $ 10,836.61 – 12,921.44$ $ 130,039.27 – $ 155,057.23 Director of Community Development $ 10,836.61 – 15,254.97$ $ 130,039.27 – $ 183,059.60 Director of Emergency Services ² $ 12,325.44 – 16,331.89$ $ 147,905.28 – $ 195,982.64 Director of Finance $ 11,800.48 – 14,728.16$ $ 141,605.72 – $ 176,737.96 Director of Housing & Economic Development $ 10,513.16 – 13,401.78 $ $ 126,157.89 – $ 160,821.32 Director of Neighborhood Services $ 10,836.61 – 13,814.10$ $ 130,039.27 – $ 165,769.15 Director of Planning $ 10,179.28 – 13,884.69$ $ 122,151.39 – $ 166,616.25 Director of Public Works $ 12,025.32 – 15,235.51$ $ 144,303.79 – $ 182,826.12 Director of Public Works/City Engineer $ 12,025.32 – 15,235.51$ $ 144,303.79 – $ 182,826.12 Fire Chief $ 12,325.44 – 16,331.89$ $ 147,905.28 – $ 195,982.64 Human Resources Director $ 11,863.57 – 14,831.24$ $ 142,362.80 – $ 177,974.85 Library and Community Services Director $ 11,234.26 – 17,535.57$ $ 134,811.14 $ 210,426.78 Police Chief ³ $ 16,809.83 – 19,113.96$ $ 201,718.01 – $ 229,367.49 Records Management Officer $ 8,176.90 – 10,057.33$ $ 98,122.81 – $ 120,687.97 Assistant City Attorney $ 10,639.99 – 16,048.69$ $ 127,679.90 – $ 192,584.27

SALARY BAND
(MONTHLY) (ANNUAL)POSITION TITLE SALARY BAND
$20,017.15 (Jan-May)
$21,310.26 (May-Dec)
$240,205.80 (Jan-May)
$255,723.12 (May-Dec)
$16,797.58 (Actual Salary) $201,571
Effective 05/22/19, Appointment of City Manager (per Resolution 2019-70, Employment Agreement) Effective 10/21/20, Adjusted Salary of City Attorney (per Resolution 2020-190, Employment Agreement) Auto Allowance: $300/month, w/exception of Police & Fire Chief who are assigned a City Vehicle, and City Attorney. The City Manager receives $750/month and Assistant City Manager receives $400/month. ¹ If residing in National City, the Asst City Manager & CDC Executive Director receive a Housing Differential of $15,000 per year (per Resolution 2009-100)
² Director of Emergency Services receives $650 Uniform Allowance annually (per memo dated 08/02/12) ³ Police Chief receives a $750 Uniform Allowance (per employment agreement of 03/13/19)

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193 of 452
City of National City
Human Resources Department

EXECUTIVE POSITIONS
February 2024
City Manager
City Attorney
Assistant City Manager ¹ $ 9,941.27 – 19,530.76$ $ 119,295.25 – $ 234,369.18 Assistant Police Chief $ 14,174.35 – 18,702.14$ $ 170,092.21 – $ 224,425.67 City Librarian $ 12,729.54 – 16,690.77$ $ 152,754.50 – $ 200,289.26 Community Development Executive Director ¹ $ 11,891.01 – 18,045.11$ $ 142,692.09 – $ 216,541.27 Community Services Director $ 11,638.44 – 15,548.82$ $ 139,661.26 – $ 186,585.87 Deputy City Manager $ 9,863.27 – 18,421.23$ $ 118,359.25 – $ 221,054.78 Director of Administrative Services $ 12,818.86 – 16,776.87$ $ 153,826.30 – $ 201,322.47 Director of Building & Safety $ 11,891.01 – 14,178.69$ $ 142,692.09 – $ 170,144.30 Director of Community Development $ 11,891.01 – 16,739.27$ $ 142,692.09 – $ 200,871.30 Director of Emergency Services ² $ 13,683.70 – 18,131.66$ $ 164,204.45 – $ 217,579.92 Director of Finance $ 12,818.86 – 15,999.20$ $ 153,826.30 – $ 191,990.45 Director of Housing & Economic Development $ 11,362.62 – 14,484.64 $ $ 136,351.45 – $ 173,815.68 Director of Neighborhood Services $ 11,891.01 – 15,158.21$ $ 142,692.09 – $ 181,898.48 Director of Planning $ 10,484.66 – 14,301.23$ $ 125,815.93 – $ 171,614.74 Director of Public Works $ 13,186.96 – 16,707.26$ $ 158,243.53 – $ 200,487.12 Director of Public Works/City Engineer $ 13,186.96 – 16,707.26$ $ 158,243.53 – $ 200,487.12 Fire Chief $ 13,683.70 – 18,131.66$ $ 164,204.45 – $ 217,579.92 Human Resources Director $ 12,921.80 – 16,154.18$ $ 155,061.56 – $ 193,850.21 Library and Community Services Director $ 12,729.54 – 19,869.55$ $ 152,754.50 $ 238,434.59 Police Chief ³ $ 18,092.42 – 20,572.35$ $ 217,109.09 – $ 246,868.23 Records Management Officer $ 8,837.59 – 10,869.96$ $ 106,051.13 – $ 130,439.55 Assistant City Attorney $ 11,568.86 – 17,449.74$ $ 138,826.35 – $ 209,396.88

SALARY BAND
(MONTHLY) (ANNUAL)POSITION TITLE SALARY BAND
$21,310.26 $255,723.12
$16,797.58 $201,570.96
Effective 05/22/19, Appointment of City Manager (per Resolution 2019-70, Employment Agreement) Effective 10/21/20, Adjusted Salary of City Attorney (per Resolution 2020-190, Employment Agreement) Auto Allowance: $300/month, w/exception of Police & Fire Chief who are assigned a City Vehicle, and City Attorney. The City Manager receives $750/month and Assistant City Manager receives $400/month. ¹ If residing in National City, the Asst City Manager & CDC Executive Director receive a Housing Differential of $15,000 per year (per Resolution 2009-100)
² Director of Emergency Services receives $650 Uniform Allowance annually (per memo dated 08/02/12) ³ Police Chief receives a $750 Uniform Allowance (per employment agreement of 03/13/19)

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RESOLUTION NO. 2022 -

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

CALIFORNIA APPROVING AN AMENDMENT TO THE SALARY SCHEDULE FOR THE NATIONAL CITY MUNICIPAL EMPLOYEES ASSOCIATION ( “NCMEA”) TO

REVISE THE FIRE INSPECTOR AND APPROVING AN AMENDMENT TO THE

SALARY SCHEDULE FOR THE MANAGEMENT & EXECUTIVE GROUPS FOR THE

POLICE SUPPORT SERVICES MANAGER AND ASSISTANT CITY ATTORNEY

WHEREAS, on February 1, 2022, City Council approved new salary schedules for MEA, Confidential, Management, and Executive employees for 2022 through 2024 to reflect a 3% COLA increase and varying equity adjustments based on the results of a classification and compensation study, with the goal of moving all classifications to within 70% of median over a three-year period; and

WHEREAS, it has come to the attention of City staff that there are three edits needed to those salary schedules to update the equity adjustments for three classifications, with the corrected amounts reflected in the agenda material attachments; and
WHEREAS, the three salary schedule edits needed for the three classifications are as follows:
1) National City Municipal Employees Association Fire Inspector should have been

0.4% more per year.

2) Police Support Service Manager compensation study was missing classification matches and some matche s used the wrong classification ; therefore, a revised study was produced for this position.

3) Assistant City Attorney classification was not originally in the compensation study, but has since become filled. The City went back to the consultant who completed the study to add this classification. The update is based on the results of the position-specific findings.

WHEREAS, City staff recommends City Council approval an amendment to the salary schedule for the National City Municipal Employees Association ( “NCMEA”) to revise the Fire Inspector and approving an amendment to the salary schedule for the Management & Executive Groups for the Police Support Services Manager and Assistant City Attorney

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

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

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Resolution No. 2022 –
Page Two

Section 1: Approves an amendment to the salary schedule for the National City Municipal Employees Association (“NCMEA”) to revise the Fire Inspector and approving an amendment to the salary schedule for the Management & Executive Groups for the Police Support Services Manager and Assistant City Attorney.

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

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

Alejandra Sotelo-Solis, Mayor

ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney
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The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute a Memorandum of Understanding (MOU) between San Diego Association of Governments (SANDAG) and the City of National City for coordination, participation, and on-going support and commitment for the Next Operating System concept (Advancing Connectivity and the Economy Through Technology in the San Diego Region). (Engineering/Public Works)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETINGDATE: [March15,20221 AGENDA ITEMNO.I

ITEM TITLE:
[Resolutionof the CityCouncil ofthe Cityof NationalCity,California,authorizingthe Mayor to execute a Memorandum of Understanding (MOU) between San Diego AssociationofGovernments (SANDAG) and the Cityof NationalCityforcoordination,participation,and on—going support and commitment forthe Next Operatin System concept (Advancing Connectivityand the Economy Through Technology inthe San Diego Region).

PREPARED BY: Jose Lopez, Deputy City Engineer DEPARTMENT: [Enginee PHONE: [619-336—4312] APPROVED BY:

EXPLANATION:

ISeeattached]

FINANCIAL STATEMENT: APPROVED:

ACCOUNT N0. APPROVED:
[NoFiscalImpact.[
Finance
MIS
ENVIRONMENTAL REVIEW:

This actionisnot subjectto review under the CaliforniaEnvironmental QualityAct (CEQA).

ORDINANCE: INTRODUCTION: I FINALADOPTION: t
STAFF RECOMMENDATION:

Kaopt Resolutionauthorlzmgthe Mayor to execute a Memorandum of Understanding (MOU) between SANDAG and the Cityof NationalCityforcoordination,participation,and ongoing support and commitment forthe Next Operating System concept]
BOARD /COMMISSION RECOMMENDATION:

IN/Al

ATTACHMENTS:

1. [Explanationw/Exhibits

2. Memorandum of Understanding

3. Resolution]

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Explanation:

In 2021, SANDAG received a $9,298,300 grant from the Federal Highway Administration (FHWA) under the Advanced Transportation and Congestion Management Technologies Deployment (ATCMTD) Program for the Advancing Connectivity and the Economy Through Technology in the San Diego Region Project (Project), which is estimated to cost $28,115,925. The Project represents a partnership between the San Diego Association of Governments (SANDAG), the California Department of Transportation (Calt rans), the cities of San Diego, Chula Vista, National City, the San Diego Metropolitan Transit System (MTS), the Port of San Diego, and private sector partners Kimley -Horn and Associates, Parsons Transportation Gr oup, and Kapsch TrafficCom USA to improve cross -border activities and economic opportunities throughout the southern San Diego region.

The Project is a next generation, end-to-end transportation system management solution that integrates security, dynamic tolling, connected vehicle applications, Active Travel Demand Management, and Integrated Corridor Management to enhance safety, efficiency, and reliability of the transportation system.

SANDAG’s 5 Big Moves : Complete Corridors, Transit Leap, Mobility Hubs, Flexible Fleets, and the Next Operating System (Next OS) directly support the ATCMTD program objectives and goals to optimize multimodal system performance, improve access to transportation alternatives for underserved populations, and provide the traveling public with real-time, integrated multimodal transportation information.

The Project grant scope covers the region of San Diego County south of downtown, within the Cities of San Diego, Chula Vista, National City, and within the communities of San Ysidro and Otay Mesa. The Project area also includes Interstate 5 and 805 corridors and Harbor Drive, and other local agency roadway segments. (See Exhibit 2 – Project grant map). Phase One activities for the Project area include the following key elements:
• Deployment of technologies at three (3) Mobility Hubs (Places of connectivity where a wide array of travel options, safe streets, dynamic curb management, and supporting technologies converge to offer a seamless travel experience) • Deployment of thirty -three (33) Smart Intersection System (SIS) elements (Adaptive traffic control, transit signal priority, and real time communication to in- vehicle applications)
• Expansion of the I-805 bus on shoulder system (Rapid Bus Service on designated freeway shoulders with vehicle- to-infrastructure technology to allow buses to communicate with ramp meters.)
• Inclusion of planned Regional Border Management System functions (lane management, traveler information, border wait time estimation, dynamic tolling) • Expansion of the coverage of the proven I -15 Integrated Corridor Management System (ICMS) to include I-5, I-805, SR 125, and SR 905. (Coordinated freeway ramp meters and arterial traffic signals to improve day-to-day conditions) • Provision of NextGen 511 connected traveler app for connected travelers (alerts, border wait times, eco-driving, etc.)
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The MOU is intended to formalize the City’s support and collaboration to consider the planning, development, and implantation of the Project. The expectation from SANDAG’s documentation is that improvements in National City could include a mobility hub, SIS , and other associated technologies.

The project is estimat ed to be completed in Q2 of 2025 . See Exhibit 1 for the Project schedule. Phase One – System Concept and Design (Est. FY 22 Q1 – FY 23 Q2), includes the completion of critical project management documentation such as tasks, deliverables, and milestones that will be delivered by the Project . Phase Two - Deployment (Est. FY 23 Q2 – FY 24 Q4), includes all software and system development, interface build, and integration activities that will be carried out for deploying and “turning on” the proposed Project systems. Phase Two will also inclu de system training and supporting public outreach/awareness efforts. Phase Three – Concept Management and Operations (Est. FY 24 Q1 – FY 25 Q2) activities will monitor, evaluate, and document ongoing operations and management of Project enhancements.

This MOU will allow the City to be a part of the team that recommends the type and location of improvements and prepare for future funding opportunities. The City is not required to commit any funding.

Staff has reviewed the MOU, and is in agreement with the terms. The agreement is identical for City of San Diego, City of Chula Vista, and City of National City.

Staff recommends authorizing the Mayor to execute the MOU between SANDAG and the City of National City for coordination, participation, and on-going support and commitment for the Next Operating System concept.

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MEMORANDUM OF UNDERSTANDING

BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS

AND THE CITY OF NATIONAL CITY

REGARDING COOPERATIVE WORK TO ADVANCING THE DEVELOPMENT OF

THE NEXT OPERATING SYSTEM (NEXT OS)
SANDAG CONTRACT NO. [|NSERT NUMBER]
This Memorandum of Understanding (MOU) ismade and entered intoeffectiveas of the last signaturedate below, by and between the San Diego Association of Governments (“SANDAG“) and City of NationalCity(“City"),

RECITALS
WHEREAS, SANDAG and the Citysupport collaborationto consider the planning,development, and implementation of smart mobilitytechnology strategiesthroughout the San Diego region to improve safety,system efficiency,and provide mobilitychoices to improve cross—border transportationchoices and economic opportunities;and
WHEREAS, SANDAG ispreparing a bold new transportationvisionwith a goal to transform how people and goods move throughout the region as embodied by the San Diego 5 Big Moves vision— Complete Corridors,TransitLeap, MobilityHubs, FlexibleFleets,and the Next Operating System (Next 08); and
WHEREAS, in2021, SANDAG was awarded a federalgrant from the Federal Highway Administration(FHWA) under the Advanced Transportationand Conqestion Manaqement Technoloqies Deployment (ATCMTD) Program to plan,develop, and deploy Phase 1 of the Next 08 concept (Advancing Connectivityand the Economy Through Technology inthe San Diego Region), referenced to herein as “PROJECT"; and

WHEREAS, the PROJECT grant scope was developed with inputand coordinationwith Citystaff to help advance the development of the Next OS and included the followingPROJECT components:
- The PROJECT willadvance a key regionalprojectpriority;State Route 11/Otay Mesa East Port of Entry through the deliveryof the Regional Border Management System (RBMS); and n The PROJECT willinclude the pilotdeployment of connected vehicletechnologies through the deployment of a Smart lntersectionSystem (SIS);and
. The PROJECT willdeploy complementary MobilityHub amenities and FlexibleFleet technologies;and
WHEREAS, the PROJECT grant scope covers the region of San Diego County south of downtown, withinthe Citiesof San Diego, Chula Vista,NationalCity,and withinthe communities of San Ysidro and Otay Mesa. The PROJECT area also includes Interstate5 and 805 corridorsand Harbor Drive,and other localagency roadway segments (See Exhibit2 — PROJECT grant map); and WHEREAS, the PROJECT willhelp advance key TransportationSystem Management and Operations (TSMO) activitiesidentifiedinthe 2021 Regional Plan as Near-term and Continuing Actions, thatincludeexamining futurefunding opportunitiesformaintenance and operations;and 201 of 452
WHEREAS, thiseffortrequiresthe coordination,participation.and on-going support and commitment from key regionalpartners includingSANDAG, Caltrans,San Diego MetropolitanTransit System (MTS), and the Citiesof San Diego. Chuia Vista,and NationalCity;and WHEREAS, itisSANDAG‘s desireto work closelywith these partnersto ensure the successful implementationof the PROJECT which willserve as a model to carryforwardthe region‘svisionof a collaborativeapproach foradvancing the 2021 Regional Plan and the Next OS; and WHEREAS, the partieswish to memorialize theiragreement inthisMOU to carry out the purposes set forthabove;

AGREEMENT
NOW THEREFORE, inconsiderationof the mutual promises set forthherein,the partiesagree as follows:

SAN DAG AGREES:
1, To serve as overallPROJECT administratorto includeactiveparticipationand commitment tothe completion of the PROJECT to includethe followingkey activities:
a. Lead overaiiPROJECT coordinationwith allPROJECT team agency stakeholders thatincludethe Cityof San Diego,Cityof Chula Vista,Cityof NationalCity,MTS, and Caltrans.
b. Provide oversightand management of PROJECT administrativeactivitiesincluding PROJECT consultantsand contractors.
ct Work with PROJECT stakeholders to coordinate and followthe appropriatesubmittal requirements forPROJECT deliverables.
(:1.Work with PROJECT stakeholders to coordinate the review and approval of PROJECT deiiverables,system and equipment concept designs, and fieldand vehicleequipment specificationsand designs, priorto PROJECT system installation and fielddeployment.
e. Lead overallPROJECT reportingresponsibilitiesincludingprogress reportsto PROJECT stakeholders and US. DOT.

2. SANDAG PROJECT Pointof Contact:

Alex Estrella
Technology Planning Manager
401 B Street,Suite800
San Diego, CA 92101
(619)699—1928
[email protected]

3. Neither the City of NationalCity nor any officerthereof isresponsibleforany damage or liability occurringby reason of anything done or omitted to be done by SANDAG under or inconnection withany work, authorityorjurisdictiondelegatedto SANDAG under thisMOU. Itisunderstood and 202 of 452
agreed that,pursuant to Government Code Section 895.4, SANDAG shallfullydefend, indemnify and save harmless Cityof NationalCity,allofficersand employees from allclaims,suits,or actions of every name, kind,and descriptionbrought foror on account of injury(as defined inGovernment Code Section 810.8) occurring by reason of anything done or omitted to be done by SAN DAG under or inconnection with any work, authority,orjurisdictiondelegated to SANDAG under this MOU.

CITY AGREES:

1. City shall provide staff participation,input, direction,and cooperation as required during the development and implementation of PROJECT.

2. Citysupport,participationand cooperationduringthe PROJECT planning,technical,and operational activitiesshallinclude:
a. Attend PROJECT meetings and conference callsas applicable. b. Work with SANDAG to coordinate and determine the appropriate submittal requirements for PROJECT deliverables.

0. Provide planning, technical,and operational guidance through completion of all PROJECT phases.
d. Provide review, comments, or approvals as appropriate to applicable PROJECT reportsand deliverables,concept system designs, system specificationsand design plans,and PROJECT deployment and fieldinstallationrequirements.

3. That followingcompletionof the PROJECT, Citywillown the PROJECT equipment withinCityright ofway and willmaintain,and operate such equipment atthe City’ssole discretion,Cityshallassume ownership forPROJECT equipment followingthe completion of the PROJECT.

4. CityPROJECT Pointof Contact:

Roberto Yano, P.E.

Directorof PublicWorks/City Engineer
1243 NationalCityBlvd
NationalCity,CA 91950
619—336—4380
ryano@nationa|cityca.gov

5. Neither SANDAG nor any officerthereofisresponsibleforany damage or liabilityoccurring by reason of anything done or omitted to be done by Cityof NationalCity under or inconnection with any work, authority,orjurisdictiondelegated to City of NationalCity under thisMOU. Itis understood and agreed that,pursuant to Government Code Section 895.4, Cityof NationalCity shallfullydefend, indemnify, and save harmless SANDAG, allofficers.and employees from all claims. suits,or actions of every name, kind, and description brought foror on account of injury(as defined inGovernment Code Section 810.8) occurring by reason of anything done or omitted to be done by City of NationalCity under or inconnection with any work, authority,orjurisdiction delegatedto Cityof NationalCityunder thisMOU.

THE PARTIES MUTUALLY AGREE:
203 of 452

1. The partiesagree to work cooperativelytoward the mutual goal of completing the PROJECT. To do so, SANDAG and the Cityagree to undertake the PROJECT work effortsthrough the completion of threekey Phases as brieflydiscussed below:
a. Phase One (Est.FY 22 Q1 — FY 23 02) — PROJECT System Concept and Design.

This Phase shallincludeworking withallprojectpartnersto complete ATCMTD project—management and concept—development, system requirements and design plans. Phase One also includesthe completion of criticalproject—management documentation thatwilldetailthe specificsteps, work elements, tasks, deliverables, and milestonesthatwillbe taken and deliveredthroughoutthe projectlifecycle.

Phase Two (Est.FY 23 QZ — FY 24 Q4) PROJECT Deployment. Phase two shall includeallsoftware and system development, interfacebuild,and integration activitiesthatwillbe carriedout fordeployingand ”turningon" the proposed PROJECT systems. Phase Two activitiesalsowillincludesystem trainingand supporting publicoutreach/awareness efforts.

Phase Three (Est.FY 24 01— FY 25 02) PROJECT Concept Management and Operations. This Phase shallbe initiatedinparallelduring Phase Two efforts.

Activitiesunder thisPhase are intended to monitor, evaluate, and document the on- going operations and management of PROJECT enhancements. Findings willserve as the basis forunderstanding, identifying,and establishinglong term institutional PROJECT operationaland management needs, implications,and PROJECT transitioningand conclusion.

2. As partof Phase One activities,the partiesagree to work cooperativelytoward the mutual goal of assessing and finalizingproposed PROJECT scope components to support the deployment of the followingkey PROJECT elements:
a.
b.

Deployment of technologies at three (3)MobilityHubs
Deployment of thirty—three(33) Smart intersectionSystem elements, includingone or more of the followingelements: advanced controlsystems, connected vehicle roadside equipment, advance detectionand safetyapplications,transitsignaland commercial vehicleprioritysystems.

Expansion of the l—805 bus on shoulder system to includefour additionalramp preemption systems inthe southbound direction.

Inclusionof planned RBMS functions(lanemanagement, travelerinformation,border wait time estimation.dynamic tolling)intothe ICMS solution.

Expansion of the coverage of the proven l-15 ICMS to include l—5,1-805,SR 125, and SR 905.

Provisionof NextGen 511 connected travelerapp forconnected travelers(alerts, border wait times,eco—driving,etc.).

3. SANDAG shallserve as grant administratorand provide overallPROJECT management and coordination.
204 of 452

4. 10.

11. 12.

13. 14.

15. 16.

Cityshallprovideplanning,technical,and operationalcooperationand reviewof PROJECT deiiverabiesthrough completion of the PROJECT.

The partiesmutuallyagree to establisha TSMO mobilityadvisorygroup toguide the aspects of data sharing,cross agency coordinationand seeking offuturefundingopportunitiesof the PROJECT.

The partiesshalldesignate specificindividualsas representativesforpurposes of thisMOU.

That allobligationsof SANDAG under the terms of thisMOU are subjectto the appropriationof the requiredresources by SANDAG and the approvalof the SANDAG Board of Directors.

Any noticerequiredor permitted under thisMOU may be personallyserved on the other party,by the partygivingnotice,or may be served by certifiedmail,returnreceiptrequested, to the following addresses:

For SANDAG For Cityof NationalCity
401 B Street,Suite800 1243 NationalCityBlvd
San Diego, CA 92101 NationalCity,CA 91950
Attn:Alex Estrella Attn: Roberto Yano, P.E.

This MOU shallcontinueineffectunless and untila partyto the MOU gives60 (sixty)days written noticeof itsdesire to withdraw from the MOU. ifsuch noticeisgiven,the MOU shallcontinue to be binding on those partieswho have not formallywithdrawn, The indemnificationprovisionsof thisMOU shallsurviveterminationof the MOU, This MOU shallbe interpretedinaccordance withthe laws ofthe Stateof California.Ifany actionis broughtto interpretor enforce any term of thisMOU, the actionshallbe brought ina stateor federalcourt situatedinthe County of San Diego, State of California, Aliterms, conditions,and provisionshereof shallinureto and shallbind each of the partieshereto, and each of theirrespective heirs,executors, administrators,successors, and assigns.

For purposes ofthisMOU, the relationshipof the partiesisthatof independent entitiesand not as agents of each other or as jointventures or partners.The partiesshallmaintain sole and exclusive controlover theirpersonnel, agents, consultants,and operations.

No alterationor variationof the terms ofthisMOU shallbe validunless made inwritingand signed by the partieshereto,and no oralunderstanding or agreement not incorporatedherein shallbe binding on any of the partieshereto.

Nothing inthe provisionsof thisMOU isintendedto createdutiesor obligationsto or rightsinthird partiesto thisMOU or affectthe legalliabilityof the partiesto thisMOU.

This MOU may be executed inany number of identicalcounterparts,each of which shallbe deemed to be an original,and allof which together she“ be deemed to be one and the same instrumentwhen each partyhas signed one such counterpart. 205 of 452

17. This MOU may be executed and deliveredby electronicsignature.

IN WITNESS WHEREOF, the Partieshereto have executed thisMOU effectiveas of the lastdate a partyprovides an electronicsignaturebelow.

SAN DIEGO ASSOCIATION OF CITY OF NATIONAL CITY

GOVERNMENTS

ANTOINETTE MEIER ALEJANDRA SOTELO-SOLIS
Directorof Mobilityand Innovation Mayor
APPROVED AS TO FORM: APPROVED AS TO FORM:

OfficeofGeneralCounsel CHARLES 5-BELL. JR-
City Attorney
Exhibits:
. 1—ATCMTD ProjectGrant Submission — Activitiesand Schedule . 2- ATCMTD ProjectGrant Submission — ProjectArea
206 of 452
1 -ATCMTD
Project
—
Planned
Activities
and
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Period01Parlorn'IaMe
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2022
0,1

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207 of 452
2 -ATCMTD
Project
Grant
Submission
—
Proposed
Project
Area

OiayRanoh Hub

DowntownChulaVistaHun /_
SouthwestChulaVistaHub

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208 of 452

RESOLUTION NO. 2022 -

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

AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR

THE NEXT OPERATING SYSTEM CONCEPT (ADVANCING CONNECTIVITY AND

THE ECONOMY THROUGH TECHNOLOGY IN THE SAN DIEGO REGION)

WHEREAS, in 2021, SANDAG received a $9,298,300 grant from the Federal Highway Administration ( “FHWA”) under the Advanced Transportation and Congestion Management Technologies Deployment ( “ATCMTD”) Program for the Advancing Connectivity and the Economy Through Technology in the San Diego Region Project (“Project”), which is estimated to cost $28,115,925; and

WHEREAS, the Project is a next -generation, e nd-to-end transportation system management solution tha t integrates security, dynamic tolling, connected vehicle applications, Active Travel Demand Management, and Integrated Corridor Management to enhance safety, efficiency, and reliability of the transportation system; and

WHEREAS, the Project Phase One activities include the following key elements:
(1) Deployment of technologies at three (3) Mobility Hubs; (2) Deployment of thirty-three (33) Smart Intersection System elements ; (3) Expansion of the I -805 bus on shoulder system; (4) Inclusion of planned Re gional Border Management System functions (lane management, traveler information, border wait time estimation, dynamic tolling) ; (5) Expansion of the coverage of the proven I -15 Integrated Corridor Management System (ICMS) to include I-5, I-805, SR 125, an d SR 905; and (6) Provision of NextGen 511 connected traveler app for connected travelers (alerts, border wait times, eco -driving, etc.).

WHEREAS, the Memorandum of Understanding (“MOU”) is intended to formalize the City of National City ’s (“City”) support and collaboration to consider the planning, development, and implantation of the Project; and

WHEREAS, City staff recommends authorizing the Mayor to execute the MOU between SANDAG and the City for coordination, participation, and ongoing support and commitment for the Next Operating System concept.

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 a Memorandum of Understanding (“MOU”) between the San Diego Association of Governments ( “SANDAG”) and the City of National City for coordination, participation, and ongoing support and commitment for the Next Operating System concept (Advancing Connectivity and the Economy Through Technology in the San Diego Region).

209 of 452

Resolution No. 2022 –
Page Two

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

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

__________________________
Alejandra Sotelo-Solis, Mayor

ATTEST:

_________________________
Luz Molina, City Clerk

APPROVED AS TO FORM:

__________________________
Charles E. Bell Jr., City Attorney
210 of 452

The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California, 1) authorizing a Fiscal Year 2022 budget adjustment to establish appropriations in the amount of $30,000 for Capital Improvement Program (CIP) Fleet Vehicle Equipment and Accessories for the National City Police Department; 2) waiving the formal bid process pursuant to NCMC 2.60.260 regarding cooperative purchasing authorizing the City to piggyback onto the County of San Diego’s Contract # 564083 with Penske Ford Automotive LLC, dba Penske Ford; and, 3) waiving the formal bid process pursuant to NCMC 2.60.220 (B) regarding exception to bidding requirements authorizing the buildout with sole source vendor AEP, for four (4) new 2022 Ford Explorer Interceptors in an amount not-to-exceed $270,000. (Engineering/Public Works)
Please scroll down to view the backup material.
211 of 452

CITY OF NATIONAL CITY, CALIFORNIA

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

ITEM TITLE:

Resolution of the CityCouncil of the City of National City,California,1) authorizinga FiscalYear 2022 budget adjustment to establishappropriationsinthe amount of $30,000 forCapitalImprovement Program (CIP) FleetVehicle Equipment and Accessories forthe NationalCity Police Department; 2) waiving the formal bid process pursuant to NCMC 260.260 regarding cooperative purchasing authorizingthe Cityto piggyback onto the County of San Diego’s Contract # 564083 with Penske Ford Automotive LLC, dba Penske Ford; and, 3) waiving the formal bid process pursuant to NCMC 2.60.220 (B) regarding exception to bidding requirements authorizingthe buildoutwith sole source vendor AEP, forfour (4) new 2022 Ford Explorer Interceptorsin an amount not—to—exceed $2 ,000. mm: Tirza Gonzales, ManagementAnalystII%EPARTMENT: Engin rng/ ublicWorks PHONE: 619-336-4318 APPROVED BY:

EXPLANATION:

See staffreport.

FINANCIALSTATEMENT: APPROVED:,/M19/1 I FINANCE
ACCOUNT NO. APPROVED: MIS
644—411-000-511-0000 (Equipment Replacement Reserve - Police)$30,000 Budget Adjustment ($240,000 previouslyadopted through FY22 Budget. totaling$270,000) Funding source isfund balance infund 644 — Vehicle Acquisition ENVIRONMENTAL REVIEW:

This isnot a projectand, therefore,not subject to environmental review.

ORDINANCE: INTRODUCTION FINAL ADOPTION
STAFF RECOMMENDATION:

Adopt the resolutionauthorizinga FY22 budget adjustment to establishappropriationsinthe amount of $30,000 and awarding the purchase and buildoutof four (4)new 2022 Ford Explorer Interceptorsfora totalamount not—to—exceed $270,000.

BOARD lCOMMISSION RECOMMENDATION:

ATTACHMENTS:

Explanation 6. Resolution
County of San Diego Award of Contract # 564083
. Penske Ford Quote
. AEP Quote
. AEP Sole Source Letter

212 of 452
Explanation:

Four (4)NationalCityPolice Department Ford Explorer PatrolInterceptorshave been in serviceforalmost ten (10)years and have exceeded theirusefuland optimum lifecycle ofsix(6)years and are scheduled to be replaced.With an odometer average of 100,000 miles,these patrolvehiclesidleten (10)times more than the average vehicle.

Warranty periods have expired,equating inhigher costs and downtime as they have reached the repairstage.

Through adoption of the FY22 annual budget, CityCouncil approved the purchase and buildoutof four (4)NationalCity PoliceDepartment (NCPD) Medium SUV Patrol Vehicles in a not—to-exceed amount of $240,000. Due to delays and price increases in the automotive industry,an additional$30,000 isrequiredto complete the purchase and build—outsof these NCPD vehicles,which includeaccessories and interiorand exterior warning and emergency lighting,fora new totalof $270,000.

Consistent with Section 2.60.260 of the NationalCityMunicipal Code (NCMC) regarding cooperative purchasing, there isan opportunity to piggyback onto the County of San Diego Contract #564083 (see ExhibitA) with Penske Ford Automotive LLC dba Penske Ford (see ExhibitB) to allowforthe purchase offour(4)2022 Ford Explorer Interceptors.NCMC Section 2.60.260 provides authorityto the purchasing agent to join with other publicjurisdictionsto take advantage of cooperative purchasing opportunities, includingbut not limitedto any federal,stateor localagency pricingprogram or structurethat isdetermined by the purchasing agent to allow a procurement that isin the best interestsof the City.The purchasing agent may buy directlyfrom a vendor at a priceestablishedthrough competitivebidding by another publicagency whose procedures, as inthiscase, have been determined by the purchasing agent to be in substantialcompliance with the City'sprocurement procedures, irrespectiveof the contractinglimitsofthatjurisdictionor agency.

Consistent with NCMC Section 2.60.220 (B) — Open market procedure- Exception to bidding requirements,there isan opportunityto allow forthe purchase ofthe buildouts of four (4)2022 Ford Explorer Interceptorsthrough sole source vendor AEP (See ExhibitC). Sole source procurements may be used when, also as inthiscase, there is only one source from which a particularcommodity isavailableand there isno adequate substitute.AEP has provided sole source vendor documentation as required (see attached ExhibitD).

Therefore,staffisrequestingthatCityCouncil authorizea FiscalYear 2022 budget adjustment to establishappropriationsinthe amount of $30,000 forCapital Improvement Program (CIP) FleetVehicle Equipment and Accessories forthe National CityPolice Department. Staffisalso requesting thatCityCouncil authorizethe purchase and buildoutof four (4)2022 Ford Explorer Interceptorsinan amount not—to— exceed $270,000.
213 of 452

EXHIBIT A
Purchasing and Contracting

DPC Contracts Library
Contracts awarded as of March 1,2015 are published through thiscontent library.Search resultsmay contain awarded contractsafterJuly 1,2014. Ifyou cannot finda contractor wish to obtain contractdocuments before July 1,2014, please contact the Department of Purchasing & Contracting at:858-505-6361. To search for Solicitationsthat have been posted to BuyNet, please clickhere.

Term Contracts Expiring In tho Next Year. To see a listofterm contractsexplrlngover the next year,please clickhere. This Ilsi ofexpiringterm contractsisprovidedas referenceonly.Contractsmay end befurethe listeddate.Not allending contraciswillbe rabidor may be rabidwithan amended scope.

Find Specific Documents
cummct Number:

I564083
Solicliaflon1!:

SupplierName:

Project1100:

Comma Date From:

To:

Cnunly Deparimam:
v
Comm: ValueMin 5:

Max $:

BuyerName:

214 of 452

OR
Search Document Content
waulds Search:

IKeywords Search willignoreany otherspecifiedsearch criteria I SortBy: |View |Document Type |Contract Number |Suppllar Name |ProjectTitle|Contract start|Contract End | Contract Value |Category |SolicitationNumber |County Department |Amendment Number

Clickthe plussign + toview the additlonalfields.Cllckthe negativesign - tohidethe addltionalfields.

Showing1 to2 of2 entriesforSearchResults Refine SealchResults:|:::l Previous 1 Next

_ Document Contract Supplier ContractIView Type Number Name ProjectTlta Start

PF FORD POLICE
3; Contract 564083 AUTOMOTIVE INTERCEPTOR 09-18-2019LLC UTILITY

VEHICLES

PF FORD POLICE
7) Amendment 564083 AUTOMOTIVE INTERCEPTOR' ’ LLC UTILITY

VEHICLES

show 10v entries Previous ‘ 1 Next
215 of 452

EXHIBIT B

CNGP536 VEHICLE ORDER CONFIRMATION 11/63/21 14:35:11
== Dealer: F7168€
2022 EXPLORER 4—DOOR Page: 1 of I
Order No: 6666 Priority: A4 0rd FIN: QC866 Order Type: SB Price Level: 215 0rd Code: 566A Cust/Flt Name: NATIONAL CITY PO Number:

RETAIL RETAIL
K8A 4DR AND POLICE $46986 43D COURTESY DISABL $25
.119" WHEELBASE 51V SPTLMP LED DUAL 665
UM AGATE BLACK SSB BLIND SPOT INFO 545
9 CLTH BKTS/VNL R 593 KEY CODE 1284X 56
6 EBONY 66R NOISE SUPPRESS 166
566A EQUIP GRP 686 RR DR/LK INOP NC
.AM/FM STEREO 76D DEFLECTOR PLATE 335
99w .3.3L HYBRID NC 76R REVERSE SENSING 275
448 .16—SP MOD HYBRD NC
52P DR LOCK PLUNGER 166 TOTAL BASE AND OPTIONS 45166
CA BOARD FEES NC TOTAL 45166
FLEET SPCL ADJ NC *THIS IS NOT AN INVOICE*
17A AUX CLIMATE CTL 616
17T CARGO DOME LAMP 56 * MORE ORDER INFO NEXT PAGE *
425 56 STATE EMISS NC F8=Next
F1=He1p F2=Return to Order F3/F12=Veh 0rd Menu
F4=Submit F5=Add to Library
3666 - MORE DATA IS AVAILABLE. QC665612
Wm WM 50'
7PMMg 6506/54;75>5%
WWMfl #57227M ~P/A—X__.._._.__—
0 ,

216 of 452
CNGP536 VEHICLE ORDER CONFIRMATION 11/63/21 14:35:22
== Dealer: F7168£
2622 EXPLORER 4—DOOR . 'Page: 2 of I
Order No: 9606 Priority: A4 0rd FIN: QC866 Order Type: SB Price Level: 215 0rd Code: 566A Cust/Flt Name: NATIONAL CITY P0 Number:

RETAIL RETAIL
855 REAR CTR ST DEL NC
86T RR TAILLAMP H56 66
87R RR VIEW MIR/CAM NC
153 FRT LICENSE BKT NC

SP DLR ACCT ADJ

SP FLT ACCT CR

FUEL CHARGE
B4A NET INV FLT OPT NC

PRICED DORA NC
BEST AND DELIV 1245
TOTAL BASE AND OPTIONS 45166
TOTAL 45166
kTHIS IS NOT AN INVOICE*
F7=Prev
F1=Help F2=Return to Order F3/F12=Veh 0rd Menu
F4=Submit F5=Add to Library
5699 — PRESS F4 TO SUBMIT QC665612
217 of 452

EXHIBIT C

Quotation Date PageFeb 23, 2022 1
Order Number
QTE0031942
AEP California
10729 Wheatlands Ave. SuiteC
Santee, CA 92071
Phone: (619)596-1925
Fax: (619)596—1909
Sold To: _Shlp To:

NatlonalCityPollceDepartment,Cltyof AEP Sanlee
emall:[email protected]
1200 NationalCikyBlvd
Na1iona| City,CA 91950—6530
Reference r PO Number Customer No. Salesperson r Order Date Shlp Via Terms PatrolHvbrid UtiliivX4 NAT11101 PT Feb 23 2022 NET30
Year Make Model I Color ] StateContract#
2022 Ford UtilitH brid _ NA
gut?!- ItemIVendorPartNumber Description UnitPrlce TaxExtendedPrice FleetContact:Ruben Huerta 619-336-4588
Agency Contact:Salvador GII
*“Base Emergency Lightingand SirenSystem
Package“

4.00 SIRE00590 / ENGSASBZRSF' 500 Series bluePRINT Siren, Remote Push Button, 906.0000 Y 3,624.00 200-Watts

8.00 S|RE00462 / ENGND04101 SoundOff bluePRlNT Remote Node (10-Outl4—ln) 175.0000 Y 1,400.00

4.00 VACC02609 [ENGLMKOOB berPRINT Link Micro Module 2021 PIU 285.0000 Y 1,140.00

8.00 SPEA00253 / ETSS100J5 100 Watt Composite Slren Speakerwith UnlversalBail 168.0000 Y 1,344.00 Bracket

4.00 BKRT00091 / 8249-3200 Under Hood Remote Node Mounting Bracket,2020 Ford 45.0000 Y 180.00 Utility

4.00 LED803676 / ELUC3H010D UnlversalUnder Cover LED Insert,5-Wire,RedNVhite 80.0000 Y 320.00 (Driverside headlightassemble)

4.00 LED803657 / ELUC$H010E UniversalUnder Cover LED Insert,5-VWe, BlueMmite 80.0000 Y 320.00 (Passenger side headlightassemble)

8.00 LE0803674 / ELUC3H010B UniversalUnder Cover LED Insen,5-ere, Blue 80.0000 Y 640.00 Quotation continued on nextpage I

218 of 452

Quotation Date ' PageFeb 23, 2022 2
Order Number
, QTE0031942
AEP California 7, ’ 7 ”W
10729 Wheatlands Ave. SuiteC 7 ~
Santee, CA 92071
Phone: (619)596-1925
Fax: (619)596-1909
Sold To: Ship To:

Nafional CltyPoliceDepanment, Cityof AEP Santee
email: ap@na(lona1cltyca.gov
1200 NationalCityBlvd
Natlonal City,CA 91950-6530
Reference [ PO Number Customer No. Salesperson Order Date ship Via Terms PatrolHybrid Ufllfly x4 NAT11101 PT Feb 23 2022 NET30
Year I Make Model Color SlateContract #
2022 Fold UtilitvHybrid NA
gz' ItemIVendorPartNumber Description UH" PH“ ax ExtendedPrice (Rear tallllghts)

16.00 LED802981 / PLUCTCL1 Twist-InUC LED CollarKI1 3.0000 Y 48.00

4.00 LED802941 / ENT3B3D lnterseclorSurface Mount LED Wamlng Light, 180.0000 Y 72000 RedIWhite
(Exterior under mirror LED, driver side)

4.00 LED802942 / ENT3B3E IntersectorSurface Mount LED Warning Light, 180.0000 Y 720.00 Blue/White
(Exteriorunder mirrorLED, passenger side)

8.00 BKRT00113 / PMPZBKUMB4 Under Mirror Bracket, mPower/lmersector, 20+ Utility, 20.0000 Y 160.00 Each

4.00 LED803386 / EMPSZSTS4D mPower Fascia LED, Stud Mount. 12~LED, Red/Whlie 119.0000 Y 476.00 (Rear 1/4window LED, driversidefac|ng)

4.00 LEDSO3387 / EMPSZSTS4E mPower Fascia LED, Stud Mount, 12-LED, BlueNVhite 119.0000 Y 476.00 (Rear 1/4window LED, passenger slde facing)

8.00 LED803567 / PMPZWSSSB 4" mPower 25-90 degree Glass Mount/Shroud, Black 9.2500 Y 74.00 QtrGlass Mount

8.00 LED803375 / EMPSZQMS4J mPower Fascla LED, Quick Mount, 12-LED, Red/Blue 119.0000 Y 95200 (Lower exteriorrearfacingLED's "LicensePlate")

4.00 LED803811 / EMPS1SLS1R mPower 3" Stud Mount, 4—LED, Red 72.0000 Y 288.00 Quotation continued on next page

219 of 452

Quotation Date pm
Feb 23, 2022 3

Order N um ber
QTE0031 942

AEP California
10729 Wheatlands Ave. SulteC
Santee, CA 92071
Phone: (619) 596-1925

Fax: (619) 596-1909
Sold To: Ship To:

Naflonal CltyPoliceDepanment, Cityof AEP Santee
emall: [email protected]
1200 NationalCityBlvd
NationalCity,CA 91950-6530

Reference po Number Customer No. Salesperson 1 Order Date Shlp via Terms PatrolH bridUtilltx4 NAT11101 PT Feb 23 2022 NET30
Year ‘I Make Model color StateContract1;
2022 Ford UtilltvHvbrld NA
813' Item!VendorPartNumber Descrlptlon ”'1":Prlce Ll'axExtendedPrlce (Liftga‘eopen LED, driverside)

4.00 LED803810 / EMPS1SLS1B mPower 3" Stud Mount, 4—LED. Blue 72.0000 Y 288.00 (Liflgateopen LED. passenger side)
“*2020 UtilityPush Bumper withFrontLighting”

4.00 LEDSOZQM / ENT3B3D lntersectorSurfaceMount LED Warning Light, 180.0000 Y 72000 RedNVhlte

4.00 LED802942 / ENT3B3E lntersectorSurface Mount LED Warning Light, 180.0000 Y 720.00 BlueNVhite

4.00 LEDSO319Z / ENFRM83(D) nForce LED, D12. Relehite, Replacement Module 95.0000 Y ’ 380.00

4.00 LED803193 / ENFRM33(E) nForce LED. D12, BIue/White.Replacement Module 95.0000 Y 380.00

4.00 BUMP00722 / BCO523ITU20 PB450~LR Push Bumper, SoundOfi nForce/lmersec, 465.0000 Y 1,860.00 2020 Utility
*"2020 UtllltyRear LightingOption“

8.00 LBAR03785 / EMPSBOO7Z-8 3-W’IlemPower Fascia LED, Stud Mount, 18-LED, 132.0000 Y 1,056.00 Red/BlueNVhite

4.00 BKRT00074 / PMPZRS101 Under SpoilermPower Bracket,1—Module,2020 Ufilily 400000 Y 160.00 “"Roof Top Lightbar“*Promo Code NXT2022

Quotation continued on next page

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Feb 23, 2022
Order Number
QTE0031942 AEP California
10729 Wheatlands Ave. Suite C
Santee,CA 92071
Phone: (619)596-1925

Fax: (619)596-1909
Sold To: Ship To:

National0in PollceDepartment, Cityof AEP Santee
emall: [email protected]
1200 NationalCityBlvd
National City,CA91950»6530
Reference P0 Number 1 Customer No. Salesperson I OrderDate ShipVla Terms PatrolHlbrid Utlll'tvx4 NAT11101 PT Feb 23 2022 NETSO
Year Make I Model Color I stateContract#
2022 Ford UtllllvHvbrid NA
32‘" ItemIVendorPartNumber Description UnitPrice '73"ExtendedPm"

4.00 |NST05526 / Parts SoundOff mPower 55" ExteriorLightbarfor2020+ Ford 2,350.0000 Y 9.400000 Utility
-10 YEAR warranty againstIense fadlng
“Dual Color Corner Modules (RAN driver,BIW Pass.)
—CaliforniaSteady Red
»FrontFaclng Dual Color (RNV driver,BAN Pass.)
-Rear Facing Dual Color
-LED Alley/Scene Lighting
~Rear "brakewithWarn" function
-Hook Mount KI!for2020 Ford Utility
-EOS Quote ID# QE48847, Line 1
"*Base ElectricalSystem I TheftPrevention***

4.00 INST05526 / Parts Patrol Power FasTech Wire Harness, Utility,BP500, 1,599.0000 Y 6,396.00 Prlmary
Quotation continued on next page

221 of 452

Quotation Date PageFeb 23, 2022 5
Order Number
QTE0031942
AEP California
10729 Wheailands Ave. SuiteC
Santee, CA 92071
Phone: (619)596-1925
Fax: (619)596-1909
Sold To: Ship To:

NallonalCltyPoliceDepartment. Cityof AEP Santee
emall: ap@natlonalci(yca.gov
1200 National City Blvd
National City,CA 91950-6530
Reference -| PO Number I Customer No. SBIESPBISOH Order Date [Ship Via Terms PatrolHvbrid UtllitvX4 NAT11101 PT Feb 23 2022 NET30
Year Make Model T Color StateContract#
. 2022 Ford UlilllvHvbrld NA
33 ItemIVendorPartNumber Description UnitPrice ax ExtendedPrice

4.00 |NST05526 / Parts PamJI Power FasTech VWe Harness, Utility,BP, Under 299.0000 Y 1,196.00 Hood

4.00 PAT000263 / PP—BU1-SO-001~A PatrolPower Plug—n-PlayWire Harness, Universal. 118.0000 Y 472.00 Bumper

4.00 BKRT00092 / PlU20-EQU|P~001 ElectronicsMounting PlateSOS, DRV 1/4 Panel,20+ 140.0000 Y 560.00 Utility

4.00 BKRT00093 / PIU20-RADIO—KIT Radio T/R Mounting Bracket, OEM Cubby Pocket, 20+ 52.0000 Y 208.00 Utility

4.00 VACCO1714 [AEP-SW-IDLE Switch, IdleSecurity,Off—On 12.0000 Y 48.00 400 VACCOO342 / 13-100 Toggle Switch, Off—On, SPST.. 8.0000 Y 32.00

4.00 VACCO1453 /AEP»LABEL-CARG Switch Label Plaque, “Cargo Dome, Door—Ofi" 6.0000 Y 24.00

4.00 DOME00005 / ECVDMLTALOO LED Dome Light,Red/Wht,Universal (Rear Llfl Gate) 62.0000 Y 248.00 *“Cenler Equipment Console”

4.00 CONSO1598 / 7170-0735-00 2020+ Ford UtilityShort Console, cupholder 415.0000 Y 1,660.00

4.00 FACE00845 / 20032 FP— Sound Off 500 Series Remote Siren,3.5" 0.0000 N 0.00

4.00 FACE00546 / 7160-0321 FP- Motorola APX -05 Remote 3" 0.0000 N 0.00 1 Quotation continued on next page
L
222 of 452

Quotation Date PageFeb 23, 2022 6
Order Number, . QTE0031942
AEP California
10729 Wheatlands Ave. Sui1eC
Santee, CA 92071
Phone: (619)596-1925
Fax: (619) 596-1909
Sold To: Ship To:

NationalCityPoliceDepartment, Cityof AEP Santee
email: [email protected]
1200 NationalCityBlvd
NatlonalClty,CA 91950-6530

Reference T P0 Number T Customer No. [ Salesperson Order Date Ship Via Terms PatrolHvbfld Utilltvx4 . NAT11101 PT Feb 23 2022 NET30
Year Make 7 Model Color State Contract #
2022 Ford UtilllvHvbrld NA
8% ItemIVendorPartNumber Descrlptlon ”'1“Price ax ExtendedPrice PL 2013-05-15

4.00 FACE00215 /C~EB15-HLN-1P FP- Motorola DEK Mini.15” 24.0000 Y 96.00 PB 2012-09-01

4.00 FACE00605 / 15082 FP- SwitchlPowerPortKnockouts,2" 0.0000 N 0.00

4.00 FACE00794 / 18492 Console FillerPlate,1.5" 00000 N 0.00

4.00 CONSOO354 / C-ARM-104 Arm Rest,Adjustable 150.0000 Y 600.00 PB 2012-09-01

8.00 CONSO1276 / MMBP-25 Magnetic Microphone Mount 35.0000 Y 280.00

4.00 VACC01101 / 11010 DC Power Port 5.0000 Y 20.00

4.00 VACC01102 / 11011 DC Power Port Cap 0.5000 Y 2.00

4.00 VAC002798 / B08DD4BH6G USB C & USB A Dual PortCar Charger Socket Power 24.0000 Y 96.00 Outlet
~ Mounted on Passengerside Console FacioryAux
Location

4.00 DOME00005 / ECVDMLTALOO LED Dome Light,RedNVhlte, Universal 62.0000 Y 248.00 **"BrakeKillSystem“

Quotation continued on next page

223 of 452

Quotation Date Page
Feb 23, 2022 7
Order Number
QTE0031942
AEP California
10729 Wheatlands Ave. SuiteC
Santee, CA 92071
Phone: (619)596-1925
Fax: (619) 596-1909
Sold To: Ship To:

NationalCityPoliceDepartment, Cityof AEP Santee
emall: [email protected],
1200 NationalCltyBlvd
NationalCity,CA 91950-6530
Reference PO Number Customer No. Salesperson Order Date rshlp Vla 1 Terms PatrolHvbridutmy x4 NAT11101 PT Feb 23 2022 NET30
Year Make Model Color StateContract #
L 2022 Fond uuntvHvbrld NA
33' Item]VendorPartNumber Descrlptlon UnltPrlce TaxExtendedPrice

4.00 |NST05526 / Parts PatrolPower BIack—OutModule w/ Ford PIU Harness 399.0000 Y 1,596.00 BP
"**Computer Mount (Panasonic CF-33 wl Keyboard)*"

4.00 COMP01803 /DS~PAN~1112-2 Panasonlc CF 33 Dock WI Dual Pass—Through and 1,299.0000 Y 5,196.00 Power Supply
- Mount Upsidedown
- Do Not connectdata cables

4.00 |NST05526 / Parts TGS Rubber Keyboard;Rugged Rubber 83 Key, Coiled 235.0000 Y 940.00

4.00 COMP01598 / 7160-0857 Keyboard Tray.Low Profile,Quick Release 138.0000 Y 552.00

4.00 CONSO1686 I 7160-1346n01 OnvDash Mount WI 3" Ext Arm, 2020+ Ford Utility 286.0000 Y 1,144.00

4.00 CONSO1468 / 7160-0872 OffsetBracket 38.0000 Y 152.00

4.00 CONSO1634 / 7160~1216~09 Mongoose XLE 9" Motion Attachment 342.0000 Y 1,368.00 “Radio and Data Antenna“

4.00 ANTE00968 / GP~|N2236 GPSB Sharkee Antenna kit,Cellw/ TNC. GPS w/TNC 210.0000 Y 840.00 (OptWhlp)

4.00 ANTE00792 /AFGB-832 Antenna Whip (Sharkee).760876 MHz 26.0000 Y 104.00 Quotation continued on next page

224 of 452

Quotation Date Pa9°Feb 23, 2022 8
Order Number
‘ . QTE0031942
AEP California
10729 Wheatlands Ave. SuiteC
Santee, CA 92071
Phone: (619) 596-1925
Fax: (619) 596-1909
Sold To: Ship To:

NatlonalCltyPollceDepartment, Cityof AEP Santee
email: [email protected]
1200 NatiunalCityBlvd
Natlonal City,CA91950-6530
r— Reference PO Number Customer No. Salesperson Order Date Shlp Via I TermF—l PatrolHvbrld Utilimx4 NAT11101 PT Feb 23 2022 NET30
Year Make Model T Color SlateContract1:
2022 Ford UtilitvHvbrld NA
33" ItemIVendorPartNumber Descrlptlon UnltPrlca TaxExtendedPm"

4.00 ANTE00782 / 023F~5M RadioAntenna Extension Cable, 16',Mini-UHF (MPL) 15.0000 Y 6000

4.00 VACC00721 / HKN6169B 17‘ Blue Ring Remote Mount Cable, APX6500 85.0000 Y 340.00

4.00 ANTE00745 / HKN6188B APX ControlHead Power and Speaker Cable 50.0000 Y 200.00

4.00 RADI00924 / HKN41920 TransceiverPower Cable to Battery 50.0000 Y 200.00 ***PrisonerTransport***

4.00 PRISO1937 / PK1186|TU20~TM 10XL 02 Panition,Recessed. Poly Sliding,TM. 2020 808.0000 Y 3,232.00 Utility

4.00 PRISO1938 /QK0566ITU20 Transport Seat w/Poly Partitlon,Center Belts,2020 1,186.0000 Y 4,744.00 Utility

4.00 PRISO1939 / WK0514ITU20H Window Barriers,Steel Horizontal Bars, 2020 Utility 236.0000 Y 944.00

8.00 DOME00045 / ECVDMLTST4G Universal InteriorCargo LED Dome Light,6"x3", Gray 26.0000 Y 208.00

4.00 VACC01450 [AEP—SW-DOME1 Switch, Rear Dome nght, On-Door»0ff 12.0000 Y 48.00 “*Front Weapon Mountm

4.00 GUNM00762 550.0000 2,200.00

/ GRPXXX1B1X238 ljun Rack, Dual,PartitionMount, SC1~BISC1, 38",#2

Quotation continued on next page

225 of 452

Quotation Da‘e PageFeb 23,2022 9
Order Number
QTE0031942
AEP California
10729 Wheatlands Ave. SuiteC
Samee, CA 92071
Phone: (619)596-1925
Fax: (619)596~1909
Sold To: Ship To:

NatlonalCityPoliceDepartment,Cltyof AEP Santee
emall:[email protected]
1200 Nafional CityBlvd
NationalCity.CA91950—6530
Reference P0 Number Cuslomer No. SBIESPP-ISO"T Order Date Ship Via Terms PatrolHvbrld Utilltvx4 NAT11101 PT Feb 23 2022 NET30
Year Make Model Color [ StateContract #
2022 Ford UtilitvHvbrld NA
3:};- Item[VendorPartNumber Description I UH"Price axEltendedPrice

4.00 GUNM00513 /AR-TDP~GUARD AR-15 Takedown PinGuard 175.0000 Y 700.00

4.00 GUNM00778 [GUNMBSBS NCPD Gun Rack Camera Mount 450000 Y 180.00 - Mounted to the top portionofthe gunrack
"”‘Rear Cargo Storage System“

4.00 STOR00817 / PlU20-CARGO—Kl" Cargo Guard w/ Hinged EZAccess, 2020 Utility 895.0000 Y 3,580.00 w/Setina12VS

4.00 STOR01007 / 306~01 Tufiy SecurityDrawer, Under Cargo Guard Mount 275.0000 Y 1,100.00 - Mounted under driversiderearcargo guard

4.00 |NST05526 / Pans Tufiy Combinafion 3-DigitCamlock, Set to code 108 25.0000 Y 100.00

4.00 VACCOZB17 / LDW217 Neoprene Sponge Foam Rubber Sheet Rolls15inx 60in 25.0000 Y 100.00

4.00 PR|802000 / WK00401TU20 Window Barrier.VS, Rear Hatch and Side VWndows. 324.0000 Y 1,296.00 2020 Utilil

8.00 DOME00045 / ECVDMLTST4G UniversalInteriorCargo LED Dome Light,6"x3",Gray 260000 Y 208.00 (Installunder cargo guard)

4.00 UT|L01516 [25614 FireExtinguisher,51bABC Dry Chem 58.0000 Y 232.00

4.00 VACCO1552 / 862 Heavy Duty FireExtinguisherMounting Bracket,Rubber 55.0000 Y 220.00 Straps
Quotation continued on next page

226 of 452
Quotation

\.

AEP California
10729 Wheatlands Ave. SulteC
Santee, CA 92071

Date
Feb 23. 2022
Order Number
QTE0031942

Phone: (619)596-1925
Fax: (619)596-1909
Sold To: Shlp To:
[NallonalCityPollceDepartment. Cityof AEP Santee
email:[email protected]
1200 NationalCityBlvd
NationalCily,CA919506530
Reference PO Number Customer No. Salesperson OrderDate ShlpWe 1 Terms PatrolHvbrid Utilitvx4 NAT11101 PT Feb 23 2022 NET30
Year Make Model Color StateContract #
2022 Ford UtilifvHvbrld NA
3:!" Item I Vendor Part Number Descrlptlon Unlt Prlce ax Extended Prlce ”BallisticDoor Panels”

4.00 VACC02117 / AngArm-OOSSQ AvallBallisticDoor Panel, Level IIIA,Driver2020 Utility 879.0000 Y 3,516.00

4.00 VAC002118 [AngArm-00340 AvailBallisticDoor Panel, Level lllA,Pass. 2020 Utility 879.0000 Y 3,516.00 *"Graphlcs***

4.00 GRAP90001 / Graphics NationalCityPD PatrolGraphics Package 450.0000 Y 1,800.00 ”*lnstallationlFreight”
184.00 LA3090001 / AEP INSTALL InstallationLabor Sen/Ices (46 hours each) 95.0000 Y 17,480.00 EVT~CertifiedTechnicianLabor

1.00 SHOP90006 / Shop Supplies InstallationMaQerlalsIShop Supplies 150.0000 Y 150.00 “*Parts FreightIShlpplng**"
FreightI Shipping ($250.00 each vehicle)
***Customer Supplled Equipment***

1.00 |NST05685 «MotorolaAPX-6500 Remote Radio Kit
Quotation continued on next page

227 of 452

Quotation Date PageFeb 23. 2022 11
Order Number
QTE0031942
AEP California
10729 Wheallands Ave. SuiteC
Santee, CA 92071
Phone: (619) 596-1925
Fax: (619) 5964909
Sold To: Shlp To:

NatlonalCityPoliceDepartment,Cityof AEP Santee
email:[email protected]
1200 NationalCityBlvd
NationalCity,CA 91950-6530
Reference l PO Number Customer No. 1 Salesperson Order Date ship Vla Terms PatrolHvbrid UtilitvX4 , NAT11101 PT Feb 23 2022 NET30
Year T Make Model Color StateContract#
2022 Ford Utilityilybrid NA
g1?! ItemIVendor PartNumber Description UnitPrice Tax ExtendedPrice

1.00 |NST05685 / CSM - Motorola DEK 0.0000 N 000
Thank you forthe opportunllyto earn your business Parts 73,993.00 Terms& Conditions: Labor IServices 19,280.00
0 ESTIMATES VALID FOR 30 DAYS Trans ITrip l Fee 0.00
o Orders wIII0e Involcedupon nqtificationof completion _ Shipping 250-00 o Returns subjectto 25% restockingfee.No returnson special _ orderitems. Order Discount 0.00
. CreditCard payments acceptedforpayments oforderslinvoicing tolallng$10,000 or lessonly. Subtotal 98,528.00
SIGNATURE (no!requiredifPO/contractIsissued) Total sales tax 8,599.33 Totalorder 107,127.33

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EXHIBIT DIfle‘wmt 9”mm? ... QEEE 0V. At , ammmm SONCELL NORTH AMERICA.\ I'LELIL:<Aritv cnm-am

March 25, 2020
National CityPoliceDepartment
Greg Seward, Lieutenant
1200 National City Blvd,
National City,CA 91950
RE: Supporting Sole Source Informationfor PatrolPower Customized "Plugand Play"Wiring Harness Systems
Dear Lt.Seward:

This letteristo follow up on our previous meeting, and provide additionalsupporting technical specificationsto the customized wire harness solutionsforyour in-housepolicevehiclefleetupfitting service.Here are a few answers to questions that may be asked by your procurement department.

What isit?:Patrol Power customized and NCPD proprietary plug-and—play wire harness systems for policevehicles.

Why dejou need to acquirethesejoods or services?:The use of a complete harness system will greatlyimprove vehicle installationturnaround times, system reliabilityand consistency.Additionally the wire harness systems includecomplete documentation packages for ease of service.Below are a few ofthe benefitsimplementing a PatrolPower plug-and-playharness willprovide to the Fleet Operations:
0 Improve vehicle installationturn-around times by an estimated 8-10 hours per vehicle. 0 Improve installationconsistenceas vehicleswillnot be "individually”wired 0 Improve installationquality
0 Provide a repeatable process forfleetconsistenceregardlessof a changing technician workforce
0 Provide an electricalfoundation for upcoming technology 0 Provide complete electricalschematics forease of service - Provide a centralizedfuse module with power management to preserve batterylife How willitbe used?: The plug and play harness willbe used and installedinallvehiclenew vehicle builds.A variationof the harness can be utilizedto retrofitvehiclesalready inservice.

Were alternativegoods or servicesevaluated?: The wiring systems in policevehiclesare customized and designed foragency specificapplications.No "of‘f-the-shelf"products are availableforevaluation. ,8 t. n ®10729 Wheatlands Ave. 61959671925 (Office) [email protected] PatroI-Power.com Suite C 619-997—6213(Mobi|e)
Santee CA 92071
229 of 452
<9)SONCELL NORTH AMERICA.\ l'LIILIL.s.\it‘r\'comnx

Why can only thisvendor provide these goods or services?:PatrolPower has been servingthe public safetyindustrysince2002, and isthe industryleaderincomplete vehicleelectricalsystems. National CityFleetoperations has reached out to other companies claimingto produce similarproducts,with no meeting follow-up or design process.PatrolPower has designed a complete plug—and-playwire harness system compatible with NCPD's policevehicles.PatrolPower isthe only company who has produced an NCPD specificsolution.

What would be the impact ifthissole source / goods or services,isnot approved?: Ifthissolesource is not approved, itwillhave a negative impact on the fleetoperations’abilityto provide quality vehiclesina timely matter. Below are a few of the negativeeffects:

- Increasedvehicleturn-around time and buildcosts.(estimatedat 8»10 hours) 0 Increasedvehicledowntime with future repairs.

Additionaltechnicalspecificationsand requirements:

1. The wire harness system must be complete and allencompassing by includingallofthe required emergency response equipment wiringinthe harness loom. No additionalwires willbe required to complete the circuitsand connections.
a. This includes allground circuits,power distributionand interconnect circuits. b, The only allowableexception willbe for data cablesand RF co-axialcablessuch as radios control heads, radio antenna, radar antennas, and computer data antennas.

2. Allwiring must be automotive cross-linkpolyethylene(XLPE)type wire with GXL thinwall insulation.TXL extrathinwall insulationmay not be used inany Underhood environment, as it does not satisfyFord Motor Company’s requirements.Allwiringmust meet of exceed the followingspecifications:

SAE J1128-GXL
Temperature range of:-60deg F to 257deg F
Stranded bare copper
Allwiringmust be colorcoded and functionprinted.No repeats inwire identification willbe permitted.
e. Wires ofthe same primary color,but with differentfunctionmust be identifiedwith a colored stripe/ tracer,inadditionto the functionprinting.

Qpc‘gu
3, Allwiring bundles withinthe vehiclewillbe taped with anti-abrasionClothtape to minimize bundle diameter and provide a flexibleyet tightlybundled harness.The use of protectivesplit- Ioom conduit willbe utilizedwhere appropriateto avoid wire chaffing.

4. Allwiring locatedinthe vehicle’sUnderhood must be protected with nylon corrugated split- loom. The loom must meet or exceed the following specifications:

3. Nylon material meeting Delphi Packard M-2170 and ASTM D4066 specifications b. Temperature range of:—40deg F to 257deg F
10729 Wheatlands 619-596-1925 (Office) [email protected] Patrol-Powemom AveSuitec 619-997-6213(Mobile)
Santee CA 92071
230 of 452

SONCELL NORTH AMERICA,\ m li|iC >i\i[1\ cuunsv

5. A matching OEM automotive connector must be pre-installedon any harness breakout which is to connect to an existingOEM connector, This includesbut isnot limitedto the following:
a. GM's "6J3” upfitterconnector locatedat the center dash b GM’s "Speaker" pass through connector locatednear the startingbattery. c, GM’s Horn interfacelocatedwith the upfitterharness
d GM’s passenger sidespot light

6. Automotive connectors must be pre-installedon any harness breakout which isto connect to a component commonly removed forvehicleservice.This includesbut isnot limitedto the following:

Vehicle push bumper mounted warning lights
Push bumper mounted scene /Of‘f~Roadlight
Sirenspeaker(s)
Fog mounted / lower airdamn mounted LED’s
Rear liftgate trim panel mounted LED’s (dome iight/liftgate open LED’s) Rear sideMswindow LED’s ifmounted to interiortrim panel in 9-0 9-5»

7. Allautomotive connectors must be of premium qualityand construction.A” terminalcrimps must be performed with the appropriatefactorytooling.Any open cavityina connector body must be sealed with an appropriateblank circuitplug.With exception to the matching mating connectors forOEM components and aftermarket emergency component, the followingare the only acceptable connectors for use withinthe harness:
a. Moiex MX150 Sealed connector system
i. Tested to IEC |P6K7 and |P6K9K standards
ii. SAE USCAR—Z
iii,Environmentally sealed
ivt Temperature range of:~40deg F to 257deg F
v. ZZ—amps per circuit
b. Moiex M L»XT Series
i. Tested to IEC IP68 and |P69K standards
ii. SAE 12030
iii.Temperature range of:~67deg F to 257deg F
iv. 13-amps per circuit
c. Amphenol AT Series

1. Tested to IEC iP69K standards
ii. RoHS compliant
iii‘Temperature range of:~67deg F to 257deg F
iv. 13~amps per circuit

8. A matching OEM automotive connector must be pre-instailedon any harness breakout which is to connect to an aftermarketemergency component. Not requiredfor components with "flying leads”such as mPower LED's.This includesbut isnot limitedto the fol|owing:
10729 Wheatlands 619-596-1925 (Office) [email protected] PatroI—Power.com Ave SuiteC 619799745213 (Mobile)
Santee CA 92071
231 of 452
gee é?mmmmmmw SONCELL NORTH AMERICA,\Munl' mun tummy

bluePRINT centralcontroller
bluePRINT 480 amp / relaymodule
bluePRINT remote node
Console switches
SoundOf‘f6” round dome lights@9957!»

9. The harness shallbe constructedas to completely eliminateunnecessary wire splices.Splices shallonly be permitted when splittinga circuitor connecting to a component with a non— removeable wire pigtail.
10‘ A master disconnect circuitbreaker shallbe installedon the sole main power input cable.The breakers shallserve as a master disconnect for allaftermarket equipment. The breaker shall mount to the vehicle with use ofa vehiclespecificbracket to insure consistent placement.

11. The main power inputcableshallbe electricallyconnected to the auxiliarybattery(ifequipped)

12. The harness must include a centralizedfuse / power distributionmodule. The module must be fullyweatherized ifinstalledina locationsusceptibleto environmental intrusionsand/or excessive temperatures.

13. The power distributionmodule must includea serviceable/removeable relaycapable of at least 70-amps of current.The relayisto be controlledviathe SoundOff bluePRINT system fortime, voltageand load sheading capibility.The relay’soutput shallprovide a switched 12V to selectablefused circuitswithinthe power distributionmodule. lhope that you have found thisdocument useful.Please contact me should you have any questions and my team and Iwillbe happy to assist,
Best regards,
WM 7W
PatrickTrampus, Area Sales Manager
,g K. n ®10729 Wheatlands 619-596-1925 (Office) Eatrickttramgus@aeE-natcom Patrol—Power.com Ave Suite C 619-99779620 (Mobile)
Santee CA 92071
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RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AUTHORIZING THE FISCAL YEAR 2022 BUDGET ADJUSTMENT TO ESTABLISH APPROPRIATIONS FOR $30,000 FOR CAPITAL IMPROVEMENT

PROGRAM (CIP) FLEET VEHICLE EQUIPMENT AND ACCESSORIES FOR THE NATIONAL CITY POLICE DEPARTMENT; 2) WAIVING THE FORMAL BID PROCESS UNDER NATIONAL CITY MUNICIPAL CODE 2.60.260 REGARDING COOPERATIVE

PURCHASING AUTHORIZING THE C ITY TO PIGGYBACK ONTO THE COUNTY OF SAN DIEGO’S CONTRACT # 564083 WITH PENSKE FORD AUTOMOTIVE LLC, DBA PENSKE FORD; AND, 3) WAIVING THE FORMAL BID PROCESS UNDER NATIONAL CITY MUNICIPAL CODE 2.60.220 (B) REGARDING EXCEPTION TO BIDDING

REQUIREMENTS AUTHORIZI NG THE BUILDOUT WITH SOLE SOURCE VENDOR AEP, FOR FOUR (4) NEW 2022 FORD EXPLORER INTERCEPTORS IN AN AMOUNT NOT-TO-EXCEED $270,000

WHEREAS, Four (4) National City Police Department Ford Explorer Patrol Interceptors have been in service for almost ten (10 ) years and have exceeded their useful and optimum life cycle of six (6) years and are scheduled to be replaced; and

WHEREAS, through the adoption of the Fiscal Year 2022 annual budget, City Council approved the purchase and buildout of four (4) National City Police Department (“NCPD”) Medium SUV Patrol Vehicles in a not-to-exceed amount of $240,000; and

WHEREAS, due to delays and price increases in the automotive industry, an additional $30,000 is required to complete the purchase and buildouts of these NCPD vehicles, which include accessories and interior and exterior warning and emergency lighting, for a new total of $270,000; and
WHEREAS, section 2.60.260 of the National City Municipal Code (“NCMC”) regarding cooperative purchasing provides an opportunity to piggyback onto the County of San Diego Contract #564083 with Penske Ford Automotive LLC dba Penske Ford to allow for the purchase of four (4) 2022 Ford Explorer Interceptors; and

WHEREAS, section 2.60.260 of the NCMC 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

WHEREAS, section 2.60.220 (B) of the NCMC regarding open market procedure- exception to bidding requirements, provides an opportunity to allow for the purchase of the buildouts of four (4) 2022 Ford Explorer Interceptors through sole source; and

WHEREAS, sole source procurements may b e used when, also as in this case, there is only one source from which a particular commodity is available , and there is no adequate substitute; and
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Resolution No. 2022 –
Page Two
WHEREAS, the City’s Purchasing staff has confirmed that the County of San Diego’s Contract # 564083 with Penske Ford Automotive LLC, dba Penske Ford was competitively bid and that the procurement procedures are in substantial compliance with those of National City; and

WHEREAS, City staff recommends City Council authorize the Fiscal Year 2022 budget adjustment to establish appropriations in the amount of $30,000 for Capital Improvement Program (“CIP”) Fleet Vehicle Equipment and Accessories for the National City Police Department; and

WHEREAS, City staff also recommends that City Council authorize the purchase and buildout of four (4) 2022 Ford Explorer Interceptors in an amount not to exceed $270,000.

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

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

Section 1: Authorizes a Fiscal Year 2022 budget adjustment to establish appropriations in the amount of $30,000 for Capital Improvement Program ( “CIP”) Fleet Vehicle Equipment and Accessories for the National City Police Department.

Section 2: Waives the formal bid process pursuant to N ational City Municipal Code 2.60.260 regarding cooperative purchasing authorizing the City to piggyback onto the County of San Diego’s Contract # 564083 with Penske Ford Automotive LLC, dba Penske Ford.

Section 3: Waives the formal bid process under NCMC 2.60.220 (B) regarding exception to bidding requirements authorizing the buildout with sole source vendor AEP for four (4) new 2022 Ford Explorer Interceptors in an amount not-to-exceed $270,000.

Section 4: Affirm the Purchasing agent’s determination that the County of San Diego’s Contract # 564083 with Penske Ford Automotive LLC, dba Penske Ford was competitively bid and that the procurement procedures substantially comply with those of the City.

Section 5: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

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Resolution No. 2022 –
Page Three

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

Alejandra Sotelo-Solis, Mayor
ATTEST:

Luz Molina, City Clerk
APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney

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The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California, 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No. U51 Rev. 1 with the State of California Department of Transportation (Caltrans) for the Citywide Bike Wayfinding Project to allow for reimbursement of up to $95,000 in eligible project expenditures through the State Active Transportation Program (ATP); and 2) authorizing the establishment of an Engineering Grant Funds appropriation of $95,000 and corresponding revenue budget. (Engineering/Public Works)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

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

ITEM TITLE:

Resolution of the CityCouncil of the Cityof NationalCity,California,1) authorizingthe Mayor to execute Program Supplement Agreement (PSA) No. U51 Rev. 1 with the State of CaliforniaDepartment of Transportation(Caltrans)forthe Citywide Bike Wayfinding Projectto allow forreimbursement of up to $95,000 ineligibleprojectexpenditures through the State Active TransportationProgram (ATP); and 2) authorizingthe establishment of an Engineering Grant Funds appropriationof $95,000 and corresponding revenue budget.

PREPARED BY: Jose Lopez,DeputyCityEngine DEPARTMENT: Engine ' nd PublicWorks PHONE: 619-335-4312 APPROVED BY:

EXPLANATION:

See attached explanation.

FINANCIAL STATEMENT: APPROVED: 1 FINANCE
ACCOUNT NO. APPROVED: MIS
ATP Grant — 95 000
Revenue Account No. 296-01925-3463
Expenditure Account No. 296-409-500—598—1925 (CitywideBike Wayfinding) No localmatch required.

ENVIRONMENTAL REVIEW:

A CEQA CategoricalExemption was filedwith the San Diego County Recorder on October 12, 2021.

ORDINANCE: INTRODUCTION FINAL ADOPTION
STAFF RECOMMENDATION:

Adopt Resolution authorizingthe Mayor to execute PSA No. U51 Rev. 1 with Caltrans forthe Citywide Bike Wayfinding Projectto a||ow forreimbursement of up to $95,000 inATP grant funds‘ BOARD I COMMISSION RECOMMENDATION:

N/A
ATTACHMENTS:
1, Explanation w/Exhibits
2‘ Program Supplement Agreement

3. Resolution

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Exglanation
On January 30, 2019, the California Department of Transportation (Caltrans) awarded a $942,000 State Active TransportationProgram (ATP) grant for the Citywide Bike Wayfinding Project.The state has allocated $15,000 for the Environmental and Permits phase and $95,000 forthe Plans, Specifications,and Estimates (PS&E) phase. At the conclusionofthe PS&E phase, staffwillallocate the constructionfunds inthe amount of $832,000. Staffwillreturnto CityCouncil to appropriatethe funds once they have been allocatedby Caltrans.

On March 25, 2020, Caltrans authorized the City to proceed with the Environmental & Permits phase inthe amount of $15,000.

On June 2, 2020, City Council adopted Resolution No. 2020-98 authorizingthe Mayor to execute Program Supplement Agreement (PSA) No. U51 with Caltrans for the Citywide Bike Wayfinding Projectto allow for reimbursement of up to $15,000 ineligibleprojectexpenditures through the State ATP.

On December 9, 2021, Caltrans authorized the City to proceed with the PS&E phase inthe amount of $95,000.

The project proposes to installmore than 100 signs and approximately four kiosks at decision points throughout the City‘s recently constructed bicycle network, consistentwith the City’sBicycleMaster Plan. The wayfinding signs will directpeople on bikes to important destinationssuch as schools, transitstations, community centers, and parks. Itwillalso directpeople to ride on safe bicycle facilities,keeping them off roadways unsuitablefor biking to prevent collisions.

The signs willhave an anti—graffiticoating installed.

SANDAG has provided design guidance on the wayfinding signage across the San Diego region that should be adhered to on allregionalbike projects.In the attached Proposed Bikeway Signage exhibit,the “GO by BIKE REGIONAL SIGNAGE" (top left)isconsistentwith SANDAG‘S guidelinesand the signage will be installedon regional bicycle wayfinding locations per the attached Project Improvement Map. Additionally,SANDAG encourages localjurisdictionsapply the design principlesto localbikeway signage (bottom left),which willbe installed on localbicyclewayfinding locationsper the attached ProjectImprovement Map.

City Council Resolution authorizingthe Mayor to execute Program Supplement Agreement No. U51 Rev. 1 to Administering AgencyTState Master Agreement No. 000138 is required to allow for reimbursement of eligible project expenditures through the ATP grant.

Design isenticipatedto be finalizedin Q1 of FY 2023. Staffwillthen submit a construction authorization request for Caltrans to authorize the construction funds inQ2 of FY 2023.
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flplanation
On January 30, 2019, the CaliforniaDepartment of Transportation(Caltrans) awarded a $942,000 State Active TransportationProgram (ATP) grant for the Citywide Bike Wayfinding Project.The state has allocated $15,000 for the Environmental and Permits phase and $95,000 forthe Plans,Specifications,and Estimates (PS&E) phase. At the conclusion of the PS&E phase, staffwillallocate the constructionfunds inthe amount of $832,000. Staffwillreturnto CityCouncil to appropriatethe funds once they have been allocatedby Caltrans.

On March 25, 2020, Caltrans authorized the City to proceed with the Environmental & Permits phase inthe amount of $15,000.

On June 2, 2020, City Council adopted Resolution No. 2020—98 authorizingthe Mayor to execute Program Supplement Agreement (PSA) No. U51 with Caltrans for the Citywide Bike Wayfinding Projectto allow for reimbursement of up to $15,000 ineligibleprojectexpenditures through the State ATP.

On December 9, 2021, Caltrans authorized the City to proceed With the PS&E phase inthe amount of$95,000.

The projectproposes to installmore than 100 signs and approximately four kiosks at decision points throughout the City’s recently constructed bicycle network, consistentwith the City’sBicycle Master Plan. The wayfinding signs will directpeople on bikes to important destinationssuch as schools, transitstations, community centers, and parks. itwillalso directpeople to ride on safe bicycle facilities,keeping them offroadways unsuitablefor bikingto prevent collisions.

The signs willhave an anti—grafiiticoating installed.

SANDAG has provided design guidance on the wayfinding signage across the San Diego regionthatshould be adhered to on allregionalbike projects.In the attached Proposed Bikeway Signage exhibit,the “GO by BIKE REGIONAL SIGNAGE” (topleft)isconsistentwith SANDAG’s guidelinesand the signage will be installedon regional bicycle wayfinding locations per the attached Project Improvement Map. Additionally,SANDAG encourages localjurisdictionsapply the design principlesto localbikeway signage (bottom left),which willbe installed on localbicyclewayfinding locationsper the attached ProjectImprovement Map.

City Council Resolution authorizingthe Mayor to execute Program Supplement Agreement No. U51 Rev. 1 to Administering Agency—State Master Agreement No. 000133 is required to allow for reimbursement of eligible project expendituresthrough the ATP grant.
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PROPOSED BIKEWAY SJGNAGE
)— CALIFORNIA -&
NATIONAL CITY(’13 JJB‘I/8\ Meonronnzfl /
f SDSU 1.8
4- CityHeights 1.6
9 La Mesa 5.1

60 by BIKE REGIONAL SIGNAGE
BIKEWAY“MAPh CALIFORNIA "1
1NATIONALCITY/'3 1133‘?m‘ * lNcanronA-IED 1’
f KimballPark1.2
4- CityHall 18
-> Pier32 3.8
PROPOSED CITY BIKEWAY SIGNAGE PROPOSED ORiENTATION KIOSK ?.?.w‘77v77 7,7 ,,

NATIONAL CITY BIKE WAYFINDING PLAN

PEDESTRIAN AND BICYCLE CONNECTIVITY

JULY 2018
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PROGRAM SUPPLEMENT N0. U51 Rev. 1 Adv. Project ID Date: December 23. 2021 to 1120000087 Location: 11-SD-0-NATC
ADMINISTERING AGENCY-STATE AGREEMENT Project Number: ATPSB1L-5066(047) E.A. Number:FOR STATE FUNDED PROJECTS NO 000138
Locode: 5066
This Program Supplement, effective03/25/2020, hereby adopts and incorporatesintothe Administering Agency~State Agreement No. 000138 forState Funded Projectswhich was entered intobetween the ADMINISTERING AGENCY and the STATE withan effectivedate of 05/02/2007 and issubjectto allthe terms and conditionsthereof.This PROGRAM SUPPLEMENT isexecuted inaccordance withArticle|of the aforementioned Master Agreement under authorityof ResolutionNo. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY furtherstipulatesthatas a conditiontothe payment by the Stateof any funds derived from sources noted below encumbered to thisproject.AdministeringAgency accepts and willcomply with the Special Covenants and remarks set forthon the followingpages.

PROJECT LOCATION: The projectwillinstallmore than 100 bicyclewayfinding signs at decision pointsthroughout the City'srecentlyconstructed bicyclenetwork

TYPE OF WORK: Bicycle Related - Other LENGTH: 0.0(MlLES)

Estimated Cost State Funds Matching Funds

LOCAL OTHER
TATE $110,000.00
$110.000.0 $0.0 $0.00

CITY OF NATIONAL CITY STATE OF CALIFORNIA
Department of Transportatlon
By —_________________ By
Title Chief, Office of Project Implementation
Division of Local AssistanceDate
Attest Date

Ihereby certifyupon my personal knowledge thatbudgeted funds are availableforthisencumbrance:

AccountingOfficer 4% Q __.__ Date NI/W/Ooz/ $110.ooo.oo
Program Supplement 00-0138-U51-R1- SERIAL Page 1 of 4
241 of 452
11~SD-0-NATC
ATPSB1L—5066(047)

SPECIAL COVENANTS OR REMARKS

1. A. ThisPROJECTwillbe administeredinaccordancewiththeapptigétil’eib:S'l'lguidelines and the Active Transportation Program guidelines as adopted..or—eamendedrwthewe Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and thisPROGRAM SUPPLEMENT.

B. This PROJECT is programmed to receiveState funds from the Active Transportation Program (ATP). Funding may be providedunder one or more components. A component(s) specificfund allocationis required,in additionto other requirements,before reimbursable work can occur forthe component(s) identified.Each allocationwillbe assigned an effective date and identifythe amount of funds allocatedper component(s).

This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expendituresforthe component(s) allocated.Unless otherwisedetermined.the effectivedate of the component specificallocationwillconstitutethe startof reimbursable expenditures.

0. STATE and ADMINISTERING AGENCY agree thatany additionalfunds made available by futureallocationswillbe encumbered on thisPROJECT by use of a STATE~approved AllocationLetterand STATE Finance Letter.ADMINISTERlNG AGENCY agrees thatSTATE funds availableforreimbursement willbe limitedto the amount allocatedby the California TransportationCommission (CTC) andlor the STATE.

D. Upon ADMINlSTERlNG AGENCY request, the CTC end/or STATE may approve supplementary allocations,time extensions,and fund transfersbetween components. Funds transferredbetween allocatedprojectcomponents retaintheiroriginaltimely use of funds deadlines, but an approved time extension willrevise the timely use of funds criteriafor 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 willbe documented and considered subject to the terms and conditionsthereof.

Documentation willconsist of a STATE approved AllocationLetter.Fund Transfer Letter, Time Extension Letter,and Finance Letter.as appropriate.

E. This PROJECT is subjectto the timelyuse of funds provisionsenacted by the Active TransportationProgram guidelines,as adopted or amended, and by approved CTC and State procedures as outlinedbelow.

Funds allocatedfor the envirohmental & permits (E&P). plan specifications & estimate (PS&E), and right—of—waycomponents are availablefor expenditureuntilthe end of the second fiscal year followingthe year in which the funds were allocated.

Program Supplement 00-0138-U51-R1-SERIAL Page 2 of 4
242 of 452
11-SD-0-NATC
ATPSB1 L-5066(047)

SPECIAL COVENANTS OR REMARKS
Funds allocatedforthe constructioncomponent are subjectto an award deadlineand contract completion deadline. ADMINISTERING AGENCY agrees to award the contractwithin 6 months of the constructionfund allocationand to complete and accept the constructionwithin 36 months of award.

F. Award informationshallbe submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately afterprojectcontractaward and priorto the submittal of the ADMINISTERING AGENCY'S firstinvoiceforthe constructioncontract. Failureto do so willcause a delay in the State processing of invoicesforthe constructionphase.

G. The ADMINISTERING AGENCY shallinvoiceSTATE forenvironmental & permits (E&P), plans specifications& estimate (PS&E). and right~of~waycosts no laterthan 180 days after the end of last eligibiefiscal year of expenditure, For construction costs, the ADMINISTERiNG AGENCY has 180 days afterprojectcompletion or contractacceptance to make the final payment to the contractorprepare the finalReport of Expendituresand final invoice.and submit to STATE forverificationand payment.

H. ADMINISTERING AGENCY agrees to submitthe finalreportdocuments thatcollectively constitutea "Report of Expenditures"withinone hundred eighty (180) days of PROJECT completion. Failureof ADMINISTERING AGENCY to submit a “FinalReport of Expenditures" within 180 days of PROJECT completion willresultin STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines.

1. ADMINISTERING AGENCY indirectcosts,as defined in 2 CFR, Part 200, Uniform AdministrativeRequirements, Cost Principlesand Audit Requirement forFederal Awards, to be claimed must be allocatedin accordance with an indirectCost AllocationPlan (ICAP), submitted, reviewed, and approved in accordance with Caitrans Audits and investigations requirements which may be accessed at:www.dot.ca.gov/hq/auditsl.

ADMiNiSTERlNG AGENCY agrees to comply with.and requireallsub-recipientsand project sponsors to comply with 2 CFR, Part 200, Uniform AdministrativeRequirements, Cost Principlesand Audit Requirement for Federai Awards, and allapplicable Federal and State iaws and regulations.

ADMINISTERING AGENCY agrees. and wiliassure thatitscontractorsand subcontractors willbe obligated to agree, that Contract Cost Principlesand Procedures, 48 CFR, Federal AcquisitionRegulationsSystem, Chapter 1, Part 31, et seq..and allapplicableFederal and State laws and regulations.shallbe used todetermine the aliowabiiityof individualPROJECT cost items.

Any Fund expenditures for costs for which ADMINISTERING AGENCY has received Program Supplement 00-0133-U51-R1—SERIAL Page 3 of4
243 of 452
11-SD-0-NATC
ATPSB1L-5066(047)

SPECIAL COVENANTS OR REMARKS
payment or creditthatare determined by subsequent auditto be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment'by 'ADMiNiSTERING AGENCY to STATE. Should ADMINISTERING AGENCY failto reimburseFunds due STATE within30 days of demand, or withinsuch other period as may be agreed in writingbetween the Parties hereto, STATE is authorized to interceptand withhold future payments due ADMINISTERING AGENCY from STATE or any third-partysource, including,but not limited to,the State Treasurer,the State Controller,and the CaliforniaTransportationCommission.

J. By executing thisPROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with allreportingrequirements inaccordance withthe ActiveTransportationProgram guidelines,as adopted or amended.

K. This PROJECT has received funds from ActiveTransportationProgram (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountabilityand Transparency Guidelines.

The ADMINISTERING AGENCY shallconstructthe PROJECT inaccordance withthe scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the priorexpressed approval of the CaliforniaTransportationCommission are ineligiblefor reimbursement and may resultin the entire PROJECT becoming ineligiblefor reimbursement.

Program Supplement 00-D138-U51vR1-SERIAL Page 4 of4
244 of 452
RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT (PSA) NO. U51 REV. 1 WITH THE STATE OF

CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE CITYWIDE BIKE WAYFINDING PROJECT; AND 2) AUTHORIZING THE

ESTABLISHMENT OF AN ENGINEERING GRANT FUNDS APPROPRIATION OF $95,000 AND CORRESPONDING REVENUE BUDGET

WHEREAS, on January 30, 2019, the California Department of Transportation (“Caltrans”) awarded a $942,000 State Active Transportation Program (“ATP”) grant for the Citywide Bike Wayfinding Project (“Project”); and

WHEREAS, on June 2, 2020, City Council adopted Resolution No. 2020 -98 authorizing the Mayor to execute Program Supplement Agreement (“PSA”) No. U51 with Caltrans for the Project to allow for reimbursement of up to $15,000 in eligible project expenditures through the State ATP; and

WHEREAS, the Project proposes to install more than 100 signs and approximately four (4) kiosks at decision points throughout the City’s recently constructed bicycle network, consistent with the City’s Bicycle Master Plan; and

WHEREAS, City Council Resolution authorizing the Mayor to execute PSA No.

U51 Rev. 1 to Administering Agency-State Master Agreement No. 00013S is required to allow for reimbursement of eligible project expenditures through the ATP grant; and

WHEREAS, City staff recommends City Council adopt this Resolution authorizing the Mayor to execute PSA No. U51 Rev. 1 with the Caltra ns for the Citywide Bike Wayfinding Project to allow for reimbursement of up to $95,000 in eligible project expenditures through the State ATP.

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 Program Supplement Agreement (“PSA”) No. U51 Rev. 1 with the State of California Department of Transportation (Caltrans) for the Citywide Bike Wayfinding Project to allow for reimbursement of up to $95,000 in eligible project expenditures through the State Active Transportation Program (“ATP”).

Section 2: Authorizes the establishment of an Engineering Grant Funds appropriation of $95,000 and corresponding revenue budget.

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Resolution No. 2022 -
Page Two

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

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

Alejandra Sotelo-Solis, Mayor
ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney
246 of 452

The following page(s) contain the backup material for Agenda Item: Acceptance of the Housing Element 2021 Annual Progress Report pursuant to California Code Section 654000. (Housing Authority)
Please scroll down to view the backup material.
247 of 452

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

March 15, 2022

ITEM TITLE:

PREPARED BY: DEPARTMENT: Housing Authority
PHONE: (619) 336-4301
EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:
_____________
________________

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

See attachment No. 1

1. Background

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

FINAL ADOPTION:

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

Direct staff to file Annual Progress Report with California Department of Housing and Community Development (HCD) prior to the April 1, 2022 Deadline as required by Government Code Section 65400.

Not applicable to this report.

Myra Martinez,
Housing Programs Specialist II

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City of National City
March 15, 2022
Staff Report Explanation
A
cceptance of the Housing Element 2021 Annual Progress Report pursuant to California Code Section 654000.

O
VERVIEW: Government Code section 65400 requires that each city, county, or city and county, including charter cities, prepare an annual progress report (APR) on the status of the housing element of its general plan and progress in its implementation, using forms and definitions adopted by the California Department of Housing and Community Development (HCD). The following form is to be used for satisfying the reporting requirements of Government Code section 65400, subdivision (a)(2).

T
hese forms and instructions, originally adopted March 27, 2010, have been updated to incorporate new housing element APR requirements pursuant to Chapter 374, Statutes of 2017 (Assembly Bill 879); Chapter 366, Statutes of 2017 (Senate Bill 35); Chapter 664, Statutes of 2019 (Assembly Bill 1486); Chapter 159, Statues of 2019 (Assembly Bill 101); Chapter 661, Statutes of 2020 (Assembly Bill 1255); Chapter 15, and Statutes of 2020 (Assembly Bill 83).

P
roviding the report to HCD and OPR fulfills state housing law requirements to report certain information, including the progress in meeting the City’s share of the Regional Housing Needs Assessment (RHNA). Furthermore, submitting the APR to the state ensures that the City is eligible for grants and other funding sources that require filing the report. The report is also submitted to the San Diego Association of Governments to qualify for certain discretionary funds administered by SANDAG.

T
HE APR CONSISTS OF THE FOLLOWING TABLES:
• TABLE A – Housing Development Applications Submitted
o Table A includes only housing units and developments for which an application was deemed complete between January 1 and December 31 of the reporting year identified in the table. The application is either for a discretionary entitlement or where only a ministerial process is required.
o In 2021, Three housing development applications were submitted for 35 units within three projects. There are (2) 2 to 4 housing units and (1) multifamily units. • TABLE A2 – Annual Building Activity Report Summary - New Construction, Entitled, Permits, and Completed Units.
o Table A2 summarizes entitlements, permits, and completion of units during the reporting period. Building permits were issued for 299; ten units received final occupancy approval during the 2021 reporting period.
• TABLE B – Regional Housing Needs Allocation Progress – Permitted Units Issued By Affordability.
o Table B shows the City’s progress in achieving its RHNA allocation during the hous
ing element planning period (2021-2029). The total (beginning) RHNA allocation is
5,437 units. In 2021, 131 units were permitted.
• TABLE C – Sites Identified or Rezoned to Accommodate Shortfall Housing Need.

Attachment No. 1

Page 1 of 2 ends

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City of National City
March 15, 2022
Staff Report Explanation

o This requirement does not apply to the City since adequate sites were identified in the adopted Housing Element.

• TABLE D – Program Implementation Status pursuant to Government Code section 65583. o T able D provides the implementation status of programs in the adopted Housing Element.

• TABLE E – Commercial Development Bonus Approved pursuant to Government Code section 65915.7.
o No units were produced in the City using this provision of the Government Code.

• TABLE F – Units Rehabilitated, Preserved, and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1, subdivision (c)(2). o No units were produced in the City using this provision of the Government Code.

• TABLE G – Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of, Pursuant to Government Code Section 65400.1 o No locally owned or controlled lands were declared surplus using the government code provisions.

• TABLE H – Locally Owned or Controlled Lands Declared Surplus Pursuant to Government Code Section 54221, or Identified as Excess Pursuant to Government Code Section 50569 o No locally owned or controlled lands were declared surplus using the provisions of the government codes.

Units are identified by affordability by household income as established by HCD’s income limit charts. The household income categories are based on the area median income (AMI) for San Diego County, $95,100 for a family of four in 2021.

• Very low-income households (50% AMI)
• Low-income households (80% AMI)
• Moderate-income households (120% AMI)
• Above-moderate households (>120% AMI)

Unit types are categorized as one of the following:

• Single-family detached units
• Single-family attached units
• T wo to four-unit structure
• F ive or more unit structure
• Accessory dwelling unit
• M obile home/manufactured home

Units are identified as either proposed or planned at initial occupancy for either r enter occupant (R) or owner occupant (O) were apparent at the time of project application.

Attachment No. 1

Page 2 of 2 ends

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Annual Progress Report
Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title
Email
Phone
Street Address
City
Zipcode
v 1_13_2022
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
140 E 12th St Suite B
National City
91950
Please Start Here
General Information
2021
National City
Contact Information
Myra
Martinez
Housing Programs Specialist II
[email protected]
6193364301
Mailing Address
Attachment No. 2

Page 1 of 24 ends

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Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.

Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://apr.hcd.ca.gov/APR/login.do Submittal Instructions
Please save your file as Jurisdictionname2021 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2021 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected]
and HCD will send you the login information
for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at
[email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.

Attachment No. 2

Page 2 of 24 ends

252 of 452
Jurisdiction National City ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Notes
2 3 4 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-
Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Was a Density
Bonus approved
for this housing
development?
Please indicate
the status of the
application.

Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 35 0 0 557-091-13 1207 E 8th St 2021-17 SPR 2 to 4 R 7/26/2021 4 No No No Approved 561-290-02 2007 L Ave 2021-21 SPR 5+ R 8/30/2021 27 No No No Approved 561-090-18 1616 'M' Ave. 2021-22 LS 2 to 4 O 8/30/2021 4 No No No Approved Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus Applications
10 Attachment No. 2

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Annual Building
2 3
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Summary Row: Start Data Entry Below
55813216 2705 E 16th St 2021-10570-80871 SFD R
66909005 834 Olive Ave 2021-11083-81419 SFD R
55606313 433 E 2nd St 2021-11160-81515 SFD R
55717203 1330 E 8th St 2021-11179-81583 SFD R
55631120 823 E 5th St, 2021-11233-81662 SFD R
55631120 821 E 5th St 2021-11234-81663 SFD R
55655426 1105 National City Blvd Courtyards at Kimball 2021-0427737 5+ R 55612405 322 E Ave 2020-10211-80478 SFD R
66914015 913 Angelo Dr 2021-10562-80863 SFD R
55612401 307 D Ave 2021-10573-80876 SFD R
55821003 2832 E 16th St 2021-10624-80928 SFD R
55608249 829 E 2nd St 2021-10637-80941 SFD R
55608250 833 E 2nd St 2021-10638-80942 SFD R
56022109 1919 B Ave 2021-10763-81078 SFD R
55720004 1805 Terry Ln 2021-10766-81081 SFD R
55736305 1426 E 15th St 2021-10791-81106 SFD R
55823007 2420 E 18th St 2021-10793-81110 SFD R
55823007 2424 E 18th St 2021-10797-81113 SFD R
56302207 1139 E 26th St 2021-10916-81241 SFD R
56128303 2140 L Ave 2021-10966-81294 SFD R
56141209 New Address Pending 2021-10977-81306 SFD R
56141209 New Address Pending 2021-10989-81532 SFD R
56141209 New Address Pending 2021-10989-81533 SFD R
56141209 New Address Pending 2021-10989-81534 SFD R
56141209 New Address Pending 2021-10989-81535 SFD R
56141209 New Address Pending 2021-10989-81536 SFD R
56141209 New Address Pending 2021-10989-81537 SFD R
56141209 New Address Pending 2021-10989-81551 SFD R
56141209 New Address Pending 2021-10989-81552 SFD R
55601114 121 E 2nd St 2021-11047-81379 SFD R
55601043 306 E Division St 2021-11069-81405 SFD R
56141225 2201 E 24th St 2021-11131-81477 SFD R
56310001 2620 Virginia Dr 2021-11132-81478 SFD R
56116016 1628 Orange St 2021-11136-81482 SFD R
56116016 1628 Orange St 2021-11139-81485 SFD R
56116016 1628 Orange St 2021-11140-81486 SFD R
56116016 1628 Orange St 2021-11141-81487 SFD R
56116016 1628 Orange St 2021-11142-81488 SFD R
56116016 1628 Orange St 2021-11143-81489 SFD R
56116016 1628 Orange St 2021-11144-81490 SFD R
56116016 1628 Orange St 2021-11145-81491 SFD R
56116016 1628 Orange St 2021-11146-81492 SFD R
56116016 1628 Orange St 2021-11147-81493 SFD R
55709209 1333 E 7th St 2021-11170-81573 SFD R
55709209 1333 E 7th St 2021-11171-81574 SFD R
56142013 2205 Prospect St 2021-11177-81581 SFD R
56142013 2205 Prospect St 2021-11178-81582 SFD R
55631120 819 E 5th St 2021-11198-81606 SFD R
55631120 819 E 5th St 2021-11200-81608 SFD R
55631120 819 E 5th St 2021-11201-81609 SFD R
55704236 525 Q Ave 2021-11206-81615 SFD R
55730113 2219 E 11th St 2021-11209-81618 SFD R
56426137 3231 Alta Dr 2021-11211-81620 SFD R
56426137 3231 Alta Dr 2021-11212-81621 SFD R
55631315 1023 E 6th St 2021-11220-81640 SFD R
1 Project Identifier Unit Types
Attachment No. 2

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Table A2
Activity Report Summary - New Construction, Entitled, Permits and Completed Units 5 6
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
0 0 0 0 0 0 299 299
1 01/07/2021 1
1 06/22/2021 1
1 07/15/2021 1
1 07/22/2021 1
1 08/11/2021 1
1 08/11/2021 1
130 05/04/2020 130
1 11/03/2021 1
1 01/06/2021 1
1 01/11/2021 1
1 01/13/2021 1
1 01/20/2021 1
1 01/20/2021 1
1 03/09/2021 1
1 03/09/2021 1
1 03/15/2021 1
1 03/15/2021 1
1 03/15/2021 1
1 04/15/2021 1
1 05/05/2021 1
1 05/11/2021 1
1 07/15/2021 1
1 07/15/2021 1
1 07/15/2021 1
1 07/15/2021 1
1 07/15/2021 1
1 07/15/2021 1
1 07/15/2021 1
1 07/15/2021 1
1 06/03/2021 1
1 06/16/2021 1
1 07/08/2021 1
1 07/08/2021 1
1 07/08/2021 1
1 07/08/2021 1
1 07/08/2021 1
1 07/08/2021 1
1 07/08/2021 1
1 07/08/2021 1
1 07/08/2021 1
1 07/08/2021 1
1 07/08/2021 1
1 07/08/2021 1
1 07/20/2021 1
1 07/20/2021 1
1 07/21/2021 1
1 07/21/2021 1
1 07/28/2021 1
1 07/28/2021 1
1 07/28/2021 1
1 07/29/2021 1
1 07/29/2021 1
1 08/03/2021 1
1 08/03/2021 1
1 08/09/2021 1
4 Affordability by Household Incomes - Completed Entitlement Attachment No. 2

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Table A2
Annual Building Activity Report Summary - New Construction, Entitled Current APN Street Address Project Name+
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
0 0 0 0
55813216 2705 E 16th St
66909005 834 Olive Ave
55606313 433 E 2nd St
55717203 1330 E 8th St
55631120 823 E 5th St,
55631120 821 E 5th St
55655426 1105 National City Blvd Courtyards at Kimball 130 55612405 322 E Ave
66914015 913 Angelo Dr
55612401 307 D Ave
55821003 2832 E 16th St
55608249 829 E 2nd St
55608250 833 E 2nd St
56022109 1919 B Ave
55720004 1805 Terry Ln
55736305 1426 E 15th St
55823007 2420 E 18th St
55823007 2424 E 18th St
56302207 1139 E 26th St
56128303 2140 L Ave
56141209 New Address Pending
56141209 New Address Pending
56141209 New Address Pending
56141209 New Address Pending
56141209 New Address Pending
56141209 New Address Pending
56141209 New Address Pending
56141209 New Address Pending
56141209 New Address Pending
55601114 121 E 2nd St
55601043 306 E Division St
56141225 2201 E 24th St
56310001 2620 Virginia Dr
56116016 1628 Orange St
56116016 1628 Orange St
56116016 1628 Orange St
56116016 1628 Orange St
56116016 1628 Orange St
56116016 1628 Orange St
56116016 1628 Orange St
56116016 1628 Orange St
56116016 1628 Orange St
56116016 1628 Orange St
55709209 1333 E 7th St
55709209 1333 E 7th St
56142013 2205 Prospect St
56142013 2205 Prospect St
55631120 819 E 5th St
55631120 819 E 5th St
55631120 819 E 5th St
55704236 525 Q Ave
55730113 2219 E 11th St
56426137 3231 Alta Dr
56426137 3231 Alta Dr
55631315 1023 E 6th St
7 Project Identifier Affordability by Household Incom
Attachment No. 2

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d, Permits and Completed Units
8 9
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
0 0 6 6
1 01/07/2021 1
1 06/22/2021 1
1 07/15/2021 1
1 07/22/2021 1
1 08/11/2021 1
1 08/11/2021 1
05/04/2020 130
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
mes - Building Permits
Attachment No. 2

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Table A2
Annual Building Activity Report Summary - New Construction, Entitle Current APN Street Address Project Name+
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
0 0 1 0
55813216 2705 E 16th St
66909005 834 Olive Ave
55606313 433 E 2nd St
55717203 1330 E 8th St
55631120 823 E 5th St,
55631120 821 E 5th St
55655426 1105 National City Blvd Courtyards at Kimball
55612405 322 E Ave
66914015 913 Angelo Dr
55612401 307 D Ave
55821003 2832 E 16th St
55608249 829 E 2nd St
55608250 833 E 2nd St
56022109 1919 B Ave
55720004 1805 Terry Ln
55736305 1426 E 15th St
55823007 2420 E 18th St
55823007 2424 E 18th St
56302207 1139 E 26th St
56128303 2140 L Ave
56141209 New Address Pending
56141209 New Address Pending
56141209 New Address Pending
56141209 New Address Pending
56141209 New Address Pending
56141209 New Address Pending
56141209 New Address Pending
56141209 New Address Pending
56141209 New Address Pending
55601114 121 E 2nd St
55601043 306 E Division St
56141225 2201 E 24th St
56310001 2620 Virginia Dr
56116016 1628 Orange St
56116016 1628 Orange St
56116016 1628 Orange St
56116016 1628 Orange St
56116016 1628 Orange St
56116016 1628 Orange St
56116016 1628 Orange St
56116016 1628 Orange St
56116016 1628 Orange St
56116016 1628 Orange St
55709209 1333 E 7th St
55709209 1333 E 7th St
56142013 2205 Prospect St
56142013 2205 Prospect St
55631120 819 E 5th St
55631120 819 E 5th St
55631120 819 E 5th St
55704236 525 Q Ave
55730113 2219 E 11th St
56426137 3231 Alta Dr
56426137 3231 Alta Dr
55631315 1023 E 6th St
Affordability by Hou
10 Project Identifier
Attachment No. 2

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ed, Permits and Completed Units
11 12
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
0 0 9 10
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 usehold Incomes - Certificates of Occupancy
Attachment No. 2

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Table A2
Annual Building Activity Report Summary - New Construct Streamlining Infill
13 14 15
Current APN Street Address Project Name+
How many of
the units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35
Streamlining)
Y/N
Infill Units?
Y/N+
0 0
55813216 2705 E 16th St N
66909005 834 Olive Ave N
55606313 433 E 2nd St N
55717203 1330 E 8th St N
55631120 823 E 5th St, N
55631120 821 E 5th St N
55655426 1105 National City Blvd Courtyards at Kimball N 55612405 322 E Ave N
66914015 913 Angelo Dr N
55612401 307 D Ave N
55821003 2832 E 16th St N
55608249 829 E 2nd St N
55608250 833 E 2nd St N
56022109 1919 B Ave N
55720004 1805 Terry Ln N
55736305 1426 E 15th St N
55823007 2420 E 18th St N
55823007 2424 E 18th St N
56302207 1139 E 26th St N
56128303 2140 L Ave N
56141209 New Address Pending N
56141209 New Address Pending N
56141209 New Address Pending N
56141209 New Address Pending N
56141209 New Address Pending N
56141209 New Address Pending N
56141209 New Address Pending N
56141209 New Address Pending N
56141209 New Address Pending N
55601114 121 E 2nd St N
55601043 306 E Division St N
56141225 2201 E 24th St N
56310001 2620 Virginia Dr N
56116016 1628 Orange St N
56116016 1628 Orange St N
56116016 1628 Orange St N
56116016 1628 Orange St N
56116016 1628 Orange St N
56116016 1628 Orange St N
56116016 1628 Orange St N
56116016 1628 Orange St N
56116016 1628 Orange St N
56116016 1628 Orange St N
55709209 1333 E 7th St N
55709209 1333 E 7th St N
56142013 2205 Prospect St N
56142013 2205 Prospect St N
55631120 819 E 5th St N
55631120 819 E 5th St N
55631120 819 E 5th St N
55704236 525 Q Ave N
55730113 2219 E 11th St N
56426137 3231 Alta Dr N
56426137 3231 Alta Dr N
55631315 1023 E 6th St N
Project Identifier
Attachment No. 2

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tion, Entitled, Permits and Completed Units
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
16 17 18 19 20
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Des
troyed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
0 0
DB, INC 55
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units
Attachment No. 2

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21 22 23 24
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)

0.0% 2
Development
Standards
Modification
Yes
Density Bonus
Attachment No. 2

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Jurisdiction National City ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/15/2021 - 04/15/2029 (CCR Title 25 §6202) 1 3 4
RHNA Allocation by Income
Level 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - Non-Deed Restricted - - - - - - - - - Deed Restricted - - - - - - - - - Non-Deed Restricted - - - - - - - - - Deed Restricted - - - - - - - - - Non-Deed Restricted - - - - - - - - - Above Moderate 3,575 6 - - - - - - - - 6 3,569 5,437
6 - - - - - - - - 6 5,431 Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units. 506
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.

Total RHNA
Total Units
Income Level
Very Low
Low
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 711
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
-
Moderate
645
506
711
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
645
Attachment No. 2

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Jurisdiction National City ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-
Income Low-Income Moderate-Income Above Moderate-
Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)
Attachment No. 2

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Jurisdiction National City
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Production Monitoring Program
Submit a report to the Department of Housing and
Community Development prior to the Statutory
deadline.

Prepare and submit a report annually
pursuant to statute during the eight-year
planning cycle.

The annual report was prepared for the previous calendar year and submitted to HCD, OPR, and SANDAG.

Housing Choice Voucher (Section 8) Rental
Assistance Program
Maintain 911 units of project-based housing and
1,123 tenant-based vouchers. Outreach and
education on the State Source of Income protection
SB 329 and SB 322 recognize public subsidies
(including Section 8) as a legitimate source of
income for rent payments.

Monitoring annually during the eight-year
planning cycle.

Continue to maintain housing units for 1,123 Housing Choice Vouchers, Project-Based Housing, and 32 Emergency Housing Vouchers.

First-Time Homebuyer Program
Assist an average of 2 households per year for a
total of 16 households during the eight-year planning
period.

Average of 2 households per year for a total
of 16 households during the eight-year
planning period.

No households were assisted through the first-time homebuyer program during the calendar year.

Fair Housing Program Improve fair housing practices and programs in the City.

Implement on an ongoing basis during the
eight-year planning period. Adopt a source
of income protection ordinance within the
first two years of the eight-year planning
period. Conduct bi-annual or periodic testing
of discrimination.

Addressed Impediments to Fair Housing through the implementation of the Analysis to Impediments to Fair Housing Plan as reported in the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development.

Ongoing implementation during the project consultation and entitlement process.

Community Housing Development Organizations
(CHDO) Program
Identify and fund CHDOs to pursue affordable
housing projects and programs.

Conduct outreach annually as part of the
budget process and/or as funding sources
become available during the eight-year
planning cycle.

Six units were under construction during the planning cycle.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Attachment No. 2

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Community Land Trust (CLT) Program Allow the establishment of community land trusts as needed.

Conduct outreach annually as a part of the
budget process and/or as funding sources
become available during the eight-year
planning cycle.

The City is reviewing models for implementation of a community land trust including the use of city owned properties to develop a CLT model. The plan will be developed within the first two years of the eight-year plan.

Housing Education and Resource Outreach Host 2 events annually to provide outreach to residents.

Host 2 outreach and education events
annually. CSA San Diego County provides ongoing fair housing services Focused General Plan and Climate Action Plan
(CAP) Update – Infill and Transit-Oriented
Development Opportunities
Update the Land Use Element, Circulation Element,
and CAP to increase housing opportunities near
transit for all residents. Recognize the role of
affordable housing in helping the City meet both its
RHNA obligations and CAP goals.

Complete within the first two years of the
eight-year planning period.

FGPU and CAP was in the development process for the calendar year. The plan will be developed within the first two years of the eight-year plan.

Complete Communities Incentive Program
Promote voluntary inclusionary housing and progress
towards National City’s RHNA for all incomes.

Adopt the program within the first two years
of the eight-year planning period.

The Completed Communities Incentive Program was in the development process and is proposed as House National City for the calendar year. The plan will be developed within the first two years of the eight-year plan.

Development Impact Fee (DIF) Unit of
Measurement Change
Revise fee structure to encourage the production of
additional housing units
Complete within the first two years of the
eight-year planning period.

The City plans to conduct a DIF study and potentially incorporate waivers to incentivize affordable housing development.

Accessory Dwelling Unit (ADU) Ordinance Create standards and incentives to promote the development of ADUs for residential uses.

Complete within the first two years of the
eight-year planning period. ADU policy was created and approved by the council on November 2, 2021.

Parking Study Evaluate reduced parking requirements in strategic areas to encourage the development
Complete the study within the first two years
of the eight-year planning period.

A Parking Study was in the development process for the calendar year. The plan will be developed within the first two years of the eight-year plan.

Attachment No. 2

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Objective Design Standards Streamline the processing of multifamily projects. Complete within the first two years of the eight-year planning period
An Objective Designs Standards Plan was in the development process for the calendar year. The plan will be developed within the first two years of the eight-year plan.

Municipal Code Update Remove barriers to housing production and encourage the development of underutilized land.

Complete within the first two years of the
eight-year planning period.

Municipal code update to remove barriers to housing productions and encourage the development of underutilized land was in the development process for the calendar year.

The plan will be developed within the first two years of the eight-year plan.

Development Streamlining and Processing
Revisions
Remove governmental barriers to housing
production.

Complete within the first two years of the
eight-year planning period.

Development streamlining and processing revisions to remove governmental barriers to housing production were in the development process for the calendar year. The plan will be developed within the first two years of the eight-year plan.

Housing Unit Replacement Program Ensure no net loss of housing units as a result of future development.

Complete within the first two years of the
eight-year planning period.

No net loss of housing units was reported for this calendar year. Housing Units Replacement Program is in the development process for the calendar year.

Developer Information Program
Update and maintain informational materials as
policies, standards, guidelines, and ordinances are
amended or adopted.

Implement on an ongoing basis during the
eight-year planning period.

The City has updated its website to facilitate communication with developers and make information readily available.

Housing Strategic Plan
Provide a work plan for the National City Housing
Authority to make progress towards Housing
Element goals and objectives.

Complete within the first two years of the
eight-year planning period. The National City Housing Strategic Plan was approved on August 3, 2021.

Home Repair Loan Program Provide loans to 5 lower-income households to address substandard housing conditions.

Implement on an ongoing basis during the
eight-year planning period. No units were rehabilitated with Housing Authority Funds during the calendar year.

Attachment No. 2

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At-Risk Inventory and Monitoring Program Monitor and preserve the affordability of all publicly assisted housing units.

Implement on an ongoing basis during the
eight-year planning period. No at-risk units were converted to market-rate during the calendar year.

Affordable Housing Priority Production Facilitate progress towards the City’s lower and moderate-income RHNA.

Implement on an ongoing basis during the
eight-year planning period.

The City has implemented it’s the National City Housing Strategic Plan which outlines priorities that will facilitate progress towards meeting RHNA.

Residential Priority Production for Mixed-Use
Corridors and Districts Facilitate progress towards the City’s RHNA Adopt the program within the first three years of the eight-year planning period.

The worked on the House National City Guide during the calendar year. The guide consist of prohousing policies in transit priority and mixed use quarters.

Site Inventory Outreach and Incentives Facilitate progress towards the City’s RHNA. Adopt the program within the first three years of the eight-year planning period.

The City is tracking vancant and under developed parcels and establishing communitcations with ownership to discuss future development. From the site inventory created throught the Housing Element.

General Comments
Attachment No. 2

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268 of 452
Annual Progress Report January 2020
Jurisdiction National City ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Description of Commercial Development
Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial Development
Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Attachment No. 2

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Annual Progress Report January 2020
Jurisdiction National City ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 04/15/2021 - 04/15/2029 (CCR Title 25 §6202) Extremely Low-
Income+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
Rehabilitation Activity
Preservation of Units At-
Risk
Acquisition of Units
Mobilehome Park
Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government Code
Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Attachment No. 2

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270 of 452
Jurisdiction National City
Reporting Period 2021 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 04/15/2021 - 04/15/2029
2 3 4
APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Realistic Capacity Identified in the Housing Element Entity to whom the site transferred Intended Use for Site 1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Cells in grey contain auto-calculation
formulas
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

Attachment No. 2

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271 of 452
Jurisdiction National City Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Cells in grey contain auto-calculation formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street
Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
Attachment No. 2

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272 of 452
Jurisdiction National City
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 04/15/2021 - 04/15/2029
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
6 6
Units by Structure TEntitled Permitted Completed
SFA 0 0 0
SFD 67 6 0
2 to 4 0 0 0
5+ 232 0 10
ADU 0 0 0
MH 0 0 0
Total 299 6 10
3 35
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals
Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Attachment No. 2

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273 of 452
Jurisdiction National City
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount
Task $ Amount Awarded $ Cumulative
Reimbursement Requested
Other
Funding Notes
Community
Engagement $44,928.63 $0.00 None
Land Use Element
Update $62,819.70 $0.00 None
Mobility Element
Update $70,703.93 $0.00 None
Housing Element
Update $56,008.07 $0.00 None
Housing Strategic
Plan $44,814.05 $0.00 None
Saftey Element
Update $20,725.59 $0.00 None
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
299
299
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
6 6
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 1
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
9 10
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Completed
Completed
Completed

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. 300,000$
Task Status
Completed
Completed
Total award amount is auto-populated based on amounts entered in rows 15-26.

Attachment No. 2

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The following page(s) contain the backup material for Agenda Item: Warrant Register #32 for the period of 2/04/22 through 2/10/22 in the amount of $1,743,504.52. (Finance) Please scroll down to view the backup material.
275 of 452

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
ITEM TITLE:

DEPARTMENT:

PHONE:

EXPLANATION: APPROVED BY:

AGENDA ITEM NO.: MEETING DATE:

ENVIRONMENTAL REVIEW:

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

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:

FINAL ADOPTION
APPROVED: MIS
PREPARED BY:

Warrant Register # 32
Ratify Warrants Totaling $1,743,504.52.

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

Warrant total $1,743,504.52.

Per Government Section Code 37208, below are the payments issued for period 2/04/22 - 2/10/22.

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

Vendor Check/Wire Amount Explanation
Kaiser FH Plan 256629 227,410.11 Group #104220 – March 20 22 Kaiser FH Plan 256630 213,644.38 Group #104220 – February 2022 619-336-4572 FinanceKarla Apalategui, Senior Accounting Assistant Warrant Register #32 for the period of 2/04/22 through 2/10/22 in the amount of $1,743,504.52. (Finance)
March 15, 2022
276 of 452

PAYEE DESCRIPTION CHK NO DATE AMOUNT
A&B SAW & LAWNMOWER STIHL RDR CHAIN / FIRE 356595 2/10/22 1,441.90 ACE UNIFORMS & ACCESSORIES INC FP62MN CORRECT MN NAVY PANTS FY22 / FIRE 356596 2/10/22 1,868.46 AETNA BEHAVIORAL HEALTH EMPLOYEE ASSISTANCE PROGRAM - FEBRUARY 35 6597 2/10/22 970.18 ALL FRESH PRODUCTS FOOD / NUTRITION CENTER 356598 2/10/22 788.77 ASSI SECURITY INC PROVIDE SECURITY SERVICES AND REPAIRS 356599 2/ 10/22 150.00 AT&T AT&T SBC ANNUAL PHONE SERVICE FOR FY22 356600 2/10/22 876.58 BOCKS AWARDS INCORPORATED MEDAL OF VALOR / PD 356601 2/10/22 2,496 .03 BURKE WILLIAMS & SORENSEN LLP LEGAL SERVICES 356602 2/10/22 17,946 .20 CALIFORNIA ASSOCIATION OF CODE CACEO MEMBERSHIP / NSD 356603 2/10 /22 95.00 CAMACHO TRAINING INTERNAL AFFAIRS INVESTIGATION / PD 356604 2/10/ 22 340.00 CASTILLO RFW SENIOR SATURDAYS DJ 356605 2/10/22 1,600.00 CLF WAREHOUSE INC MOP 80331 GENERAL SUPPLIES - PW 356606 2/10/22 5 54.09 COLANTUONO HIGHSMITH COLANTUONO, HIGHSMITH & WHATLEY PC ELECT 35 6607 2/10/22 7,866.95 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICALS 356608 2/10/22 2,359.00 COUNTY OF SAN DIEGO PARKING CITATION REVENUE - NOVEMBER 2021 3566 09 2/10/22 13,572.50 COUNTY OF SAN DIEGO PARKING CITATION REVENUE - OCTOBER 2021 35661 0 2/10/22 6,875.00 COX COMMUNICATIONS COX DATA VIDEO SERVICES FOR FY22 356611 2/10/2 2 234.21 CSMFO INTRO TO GOV'TAL ACCT'ING - FINANCE 356612 2/10/22 150.00 DAY WIRELESS SYSTEMS COMM EQUIPMT MNTNCE SVC, FY22 /FIRE 356613 2/10/22 328.00 DISCOUNT SIGNS & BANNERS HELMET NAMES, REFLECTIVE, WILDLAND/FIRE 356614 2/10/22 46.36 ENTENMANN ROVIN CO 243-11017-2~ NC 243 TT DOME BADGE /FIRE 356615 2/10/22 519.73 ESGIL LLC PLAN CHECKS FOR FIRE DEPARTMENT FOR FY22 356616 2/10/22 355.20 EXPRESS PIPE AND SUPPLY CITYWIDE PLUMBING PARTS, MATERIALS TOOL 3 56617 2/10/22 172.45 FERGUSON ENTERPRISES 1350 MOP 45723 GENERAL SUPPLIES - PW 356618 2/10/22 102.99 GRAINGER BUILDING SUPPLIES AND EQUIPMENT FY 22 356619 2/10/22 989. 72 GRAYBAR ELECTRIC CO INC NCPD COMMAND VAN 911 UPGRADE 356620 2/10 /22 39,541.16 HDL COREN & CONE CONTRACT SVCS PROPERTY TAX - JAN-MAR 22 356625 2 /10/22 3,030.49 KAISER FOUNDATION HEALTH PLAN GROUP #104220 - MARCH 2022 356629 2 /10/22 227,410.11 KAISER FOUNDATION HEALTH PLAN GROUP #104220 - FEBRUARY 2022 35663 0 2/10/22 213,644.38 KREISBERG LAW FIRM LEGAL SERVICES FOR JANUARY 2022 356631 2/10/22 4,000.00 LASER SAVER INC LASER SAVER MOP FY22 356632 2/10/22 277.15 MASON'S SAW MOP 45729 GENERAL SUPPLIES - PW 356633 2/10/22 405.54 MAZZARELLA & MAZZARELLA LLP LEGAL SERVICES / CAO 356634 2/10/22 46 8.31 MCI AUTO REPAIR PARTS FOR EMERGENCY VEHICLE 356635 2/10/22 1,661.6 6 NATIONAL CITY TROPHY MOP 66556 GENERAL SUPPLIES - PW 356636 2/10/ 22 86.78 PARTS AUTHORITY METRO LLC MOP 75943 AUTO SUPPLIES - PW 356637 2/1 0/22 440.51 PENSKE FORD R&M CITY VEHICLES FY 2022 356638 2/10/22 298.38 PERRY FORD-NATIONAL CITY LLC AUTO SUPPLIES - EQM 356639 2/10/22 1, 496.75 POWERSTRIDE BATTERY CO INC AUTO BATTERIES TO REPLENISH STOCK 3566 41 2/10/22 108.64 PROFESSIONAL SEARCH GROUP LLC TEMP SVCS/ FINANCE/CATHERINE BAUTI STA WK 356642 2/10/22 11,321.06 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES - PW 356643 2/10/22 513.56 REGIONAL TASK FORCE ON THE INITIAL SETUP FEES AND HMIS ACCESS FE ES 356644 2/10/22 895.00 SAN DIEGO MECHANICAL ENERGY REPAIRS TO HVAC SYSTEMS AND OTHER 356 645 2/10/22 503.00 SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 356646 2/10/22 1,081. 65 SMART SOURCE OF CALIFORNIA LLC BUSINESS LICENSE DECALS FOR FY22 3 56647 2/10/22 1,018.75 SOUTH BAY FENCE INC SOUTH BAY FENCE ONE YEAR RENTAL 356648 2/10/2 2 300.00 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES - PW 356649 2/10/22 146.49 WARRANT REGISTER # 32
2/10/2022
1/2
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 32
2/10/2022
SUPERIOR READY MIX ASPHALT, TACK 3/8 SHEET FOR FY 2022 356650 2/1 0/22 239.21 SWEETWATER AUTHORITY WATER BILL FOR FACILITIES FY 2022 356652 2/1 0/22 16,086.23 T MAN TRAFFIC SUPPLY MOP 76666 TRAFFIC SUPPLIES - PW 356653 2/10/ 22 985.24 TERRA BELLA NURSERY INC LANDSCAPE SUPPLIES - TREES 356654 2/10/22 296.29 THE NYHART COMPANY FULL GASB 75 ACTUARIAL REP - 50% UPFRONT 35665 5 2/10/22 3,725.00 THE PUN GROUP LLP PROGRESS BILLING #4 - AUDIT FOR THE YEAR 356656 2/10/22 4,775.00 U S BANK EXPRESSVPN RENEWAL 356657 2/10/22 4,965.52
UNITED ROTARY BRUSH CORP STREET SWEEPER REPAIRS AND MAINTENANCE 3 56658 2/10/22 1,728.09 VELARDE SALES LICENSE REIMBURSEMENT 356660 2/10/22 85.00 VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY22 356661 2/10/2 2 10,612.58 VISION SERVICE PLAN FEBRUARY 2022 - VISION SERVICE PLAN 356662 2 /10/22 783.45 WALTERS TRAINING SLI 5 356663 2/10/22 396.68
WAXIE SANITARY SUPPLY MISCELLANEOUS JANITORIAL SUPPLIES 356664 2/ 10/22 2,302.71 WHITE CAP CONSTRUCTION SUPPLY SAFETY APPAREL FOR PW 356665 2/10/2 2 444.24 WILLY'S ELECTRONIC SUPPLY WILLY'S ELECTRONICS MOP FY22 356666 2/1 0/22 106.26 A/P Total 618,880.19

PAYROLL
Pay period Start Date End Date Check Date
1 12/28/2021 1/10/2022 1/19/2022 1,124,624.33
GRAND TOTAL 1,743,504.52 $
2/2
278 of 452

The following page(s) contain the backup material for Agenda Item: Warrant Register #33 for the period of 2/11/22 through 2/17/22 in the amount of $1,802,216.12. (Finance) Please scroll down to view the backup material.
279 of 452

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
ITEM TITLE:

DEPARTMENT:

PHONE:

EXPLANATION: APPROVED BY:

AGENDA ITEM NO.: MEETING DATE:

ENVIRONMENTAL REVIEW:

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

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:

FINAL ADOPTION
APPROVED: MIS
PREPARED BY:

Warrant Register # 33
Ratify Warrants Totaling $1,802,216.12.

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

Warrant total $1,802,216.12.

Per Government Section Code 37208, below are the payments issued for period 2/11/22 - 2/17/22.

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

Vendor Check/Wire Amount Explanation
Harris Personal Injury Lawyers 356693 54,000.00 Liability Clai m Costs City of San Diego 90690 1 ,513,863.00 Transportation – S ewer Treatment Adminsure Inc 90693 74,165.94 WC Account Replenishment
619-336-4572 FinanceKarla Apalategui, Senior Accounting Assistant Warrant Register #33 for the period of 2/11/22 through 2/17/22 in the amount of $1,802,216.12. (Finance)
March 15, 2022
280 of 452

PAYEE DESCRIPTION CHK NO DATE AMOUNT
ACE UNIFORMS & ACCESSORIES INC FP62MN CORRECT MN NAVY PANTS FY22 / FIRE 356667 2/17/22 939.34 ALDEMCO FOOD / NUTRITION CENTER 356668 2/17/22 3,129.35 ALL FRESH PRODUCTS CONSUMABLES / NUTRITION 356669 2/17/22 1,483.30 AMAZON LAMINATION SUPPLIES / NUTRITION 356670 2/17/22 61.35 BOOT WORLD MOP 64096 SAFETY BOOTS - PW 356671 2/17/22 92.96 C A P F FEBRUARY 2022 - FIRE LTD 356672 2/17/22 1,062.00 CALIFORNIA ASSOCIATION OF CACEO CERTIFICATION CORDOVA / NSD 35667 3 2/17/22 295.00 CALIFORNIA LAW ENFORCEMENT FEBRUARY 2022 - PD LTD 356674 2/17/22 2 ,082.50 CARDOZA TRAINING ADV SUB FORCE SCIENCE 356675 2/17/22 1,213.70 CITY OF NATIONAL CITY PETTY CASH REPLENISHMENT NOV 2021 356676 2 /17/22 67.35 COLANTUONO HIGHSMITH PROFESSIONAL SERVICES / CAO 356677 2/17/22 5 8.00 CORODATA RECORDS DOCUMENT AND RECORDS STORAGE FOR FY22 356678 2/1 7/22 125.40 COUNTY OF SAN DIEGO PARKING CITATION REVENUE - JUNE 2021 356679 2 /17/22 7,017.50 CRUZ CITATION REFUNDS - JANUARY 2022 356680 2/17/22 30.00 DELTA DENTAL FEBRUARY 2022 - GRP #05-0908600000 356681 2/17/22 14, 772.68 DELTA DENTAL INSURANCE CO FEBRUARY 2022 - GRP #05-7029600000 3566 82 2/17/22 2,351.07 DELTA DENTAL INSURANCE CO FEBRUARY 2022 - GRP #05-7029600002 3566 83 2/17/22 40.11 DUGGER CITATION REFUNDS - DECEMBER 2021 356684 2/17/22 10.00 EXOS COMMUNITY SERVICES LLC EXOS JANUARY PROFESSIONAL SERVICES 35 6685 2/17/22 21,659.13 FERGUSON ENTERPRISES 1350 MOP 45723 GENERAL SUPPLIES - PW 356686 2/17/22 44.08 FIRE ETC FIRE SAFETY STATION BOOTS/FOOTWEAR, FY 356687 2/17/22 1,8 73.20 GONZALES TRAINING SLI 1 REIMB RGNZL 356688 2/17/22 765.25 GONZALES TRAINING ADV SUB SLI2 356689 2/17/22 396.68
GRAINGER MOP 65179- LI ION RECHARGBLE BATTERY/FIRE 356690 2/17/22 441.85 GUERRERO FOLKLORICO INSTRUCTOR / CSD 356691 2/17/22 3,897.60 HAMEL EDUCATION REIMBURSEMENT 356692 2/17/22 532.48
HARRIS PERSONAL INJURY LAWYERS LIABILITY CLAIM COSTS 356693 2/17/ 22 54,000.00 HERNANDEZ TRAINING REIM CHIEF BEYND BASIC 356694 2/17/22 329.55 HERTZ VEHICLES LLC CITATION REFUNDS - JANUARY 2022 356695 2/17/22 70.00 HONDA CITATION REFUNDS - JANUARY 2022 356696 2/17/22 50.00 JASSO CITATION REFUNDS - NOVEMBER 2021 356697 2/17/22 10.00 KEYSER MARSTON ASSOCIATES INC CONSULTING SERVICES / HOUSING 35669 8 2/17/22 252.50 L N CURTIS & SONS CFC0122-XL YELLOW CAL FIRE NOMEX WILDLAN 356699 2/17/22 979.59 LEAGUE OF CALIFORNIA CITIES 2022 MEMBERSHP DUES - LEAGUE OF CITI ES 356700 2/17/22 20,859.00 LEOS CITATION REFUNDS - JANUARY 2022 356701 2/17/22 80.00 LIEBERT CASSIDY WHITMORE PERSONNEL MATTER 356702 2/17/22 22,430.3 9 MATTHEW A BARRETO PROFESSIONAL SERVICES / CAO 356703 2/17/22 15,00 0.00 MICRONICHE INC PROFESSIONAL SERVICES 356704 2/17/22 900.00 MOLINA REIMB / NEW LAW & ELECTION CONFERENCE 356705 2/17/22 350.00 MONTON CAPELO CITATION REFUNDS - JANUARY 2022 356706 2/17/22 35.00 MUNICIPAL CODE CORPORATION MUNICODE / CITY CLERK OFFICE 356707 2/ 17/22 1,139.00 NAPA AUTO PARTS MOP 45735 AUTO SUPPLIES - PW 356708 2/17/22 58.24 NATIONAL CITY TROPHY HOLIDAY TROPHY 356709 2/17/22 81.56 NORTH AMERICAN RESCUE LLC STATION INDIVI BASIC RED CLR WALL MOUN T 356710 2/17/22 2,054.22 OFFICE SOLUTIONS BUSINESS OFFICE SUPPLIES - OFFICE SOLUTIONS - M OP 356711 2/17/22 168.12 PACIFIC REFRIGERATION INC SERVICE AND REPAIRD FOR STEAM KETTLE 3 56712 2/17/22 1,616.21 PADRE JANITORIAL SUPPLIES CONSUMABLES / NUTRITION 356713 2/17/22 4 34.78 WARRANT REGISTER # 33
2/17/2022
1/2
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 33
2/17/2022
PARTS AUTHORITY METRO LLC MOP 75943 AUTO SUPPLIES - PW 356714 2/1 7/22 101.66 PENSKE FORD R&M CITY VEHICLES FY 2022 356715 2/17/22 406.54 POWERSTRIDE BATTERY CO INC AUTO BATTERIES TO REPLENISH STOCK / P W 356716 2/17/22 1,255.89 PRO BUILD COMPANY MOP A KIMBALL HOLIDAY 356717 2/17/22 1,144.43 PROFESSIONAL SEARCH GROUP LLC RECRUITMENT SERVICES 356718 2/17/22 2,978.57 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES - PW 356719 2/17/22 142.98 RODRIGUEZ CITATION REFUNDS - JANUARY 2022 356720 2/17/22 10.00 SAFETY-KLEEN SYSTEMS, INC GASTEC AQUEOUS PW SAMPLE TUBE/FIRE 3567 21 2/17/22 231.36 SANDERS REIMBURSEMENT EMT-P EXPENSES /FIRE 356722 2/17/22 250.00 SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS 356723 2/17/22 106.79 SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 356724 2/17/22 225.37 SMART & FINAL CASA DE SALUD CDBG GRANT - SNACKS 356725 2/17/22 426 .48 SOSA TRAINING REIM PHYSICAL TRAINING 356726 2/17/22 68.48 STAPLES BUSINESS ADVANTAGE MOP CDBG TEEN CASA DE SALUD 356727 2/1 7/22 575.71 SWEETWATER AUTHORITY WATER BILL FOR PARKS DIVISION FY 2022 356728 2/17/22 62.82 SYSCO SAN DIEGO INC FOOD / NUTRITION CENTER 356729 2/17/22 3,529.2 9 THE COUNSELING TEAM INTERNATIO EMPLOYEE SUPPORT SVCS COUNSELING/ FIRE 356730 2/17/22 825.00 THE STAR NEWS VARIOUS ADVERTISING NOTICES FOR FY22 356731 2/17/22 4,643.26 TISI CITATION REFUNDS - DECEMBER 2021 356732 2/17/22 25.00 TORRES CABANELA CITATION REFUNDS - DECEMBER 2021 356733 2/17/22 35 .00 TRANS-LANG TRANSLATION SERVICES 356734 2/17/22 1,907.50 U S BANK CC EXPENSES, BRIAN KREPPS/ FIRE 356735 2/17/22 7,403.61 UNDERGROUND SERVICE ALERT UNDERGROUND SERVICE ALERT FY 2022 35673 6 2/17/22 516.30 VEHICLES LLC CITATION REFUNDS - DECEMBER 2021 356737 2/17/22 70.00 VISTA PAINT MOP 68834 PAINT SUPPLIES / NSD 356738 2/17/22 576.72 VULCAN MATERIALS COMPANY ASPHALT, TACK, 3/8 SHEET FY 22 356739 2/ 17/22 1,230.67 WALKER CITATION REFUNDS - JANUARY 2022 356740 2/17/22 70.00 WILLY'S ELECTRONIC SUPPLY MOP45763- 1.5 SHRINKX4' 3:1 ADHESIVE/F IRE 356741 2/17/22 27.71 A/P Total 214,187.18

WIRED PAYMENTS
CITY OF SAN DIEGO TRANSPORTATION – SEWER TREATMENT FEES 90690 2/ 15/22 1,513,863.00 ADMINSURE INC WORKERS' COMP ACCOUNT REPLENISHMENT 90693 2/15/22 74 ,165.94 GRAND TOTAL 1,802,216.12$
2/2
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The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City, California, adopting a Military Equipment Policy. (City Attorney)
Please scroll down to view the backup material.
283 of 452

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:
_____________

3/15/2022

Adoption of an Ordinance of the City Council of the City of National City, California, adopting a Military Equipment Policy.

City Attorney

On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies. Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior t o taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070.

The proposed military equipment policy is found within National City Police Department Policy 706. Policy 706 was published on the National City Police Departments internet website on January 27, 2022, and presented to City Council on March 1, 2022.

The National City Police Department Policy 706 meets the requirements of California Government Code section 7070, subdivision (d).

Charles E. Bell, Jr., City Attorney

• Ordinance

This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2).

FINAL ADOPTION:

APPROVED: ________________ MIS

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

Approve Ordinance of the City Council of the City of National City, California, adopting a Military Equipment Policy.

Not Applicable
(619) 336-4220

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ORDINANCE NO. 2022 -

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, ADOPTING A MILITARY USE POLICY

CITY ATTORNEY SUMMARY
This Ordinance adds a Military Use Policy to the City of National City, California, Municipal Code

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies ; and

WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursua nt to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment . The term “military equipment” is defined in California Government Code Section 7070; and

WHEREAS, Assembly Bill 481 allows the g overning body of a City to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and

WHEREAS, the proposed military equipment use policy is found within National City Police Department Policy 706; and

WHEREAS, National City Police Department Policy 706 was published on the National City Police Department’s internet website on January 27, 2022. The National City Police Department Policy 706 was presented to City Council on March 1, 2022; and

WHEREAS, The National City Police Department Policy 706 meets the requirements of California Government Code Section 7070, subdivision (d).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City, California, does ordain as follows:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. Based on the findings above, in addition to information provided to the City Council at the Public Meeting, the City Council determines as follows:

1. The military equipment identified in National Ci ty Police Department Policy 706 is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

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2 2. National City Police Department Policy 706 will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The military equipment identified in National Ci ty Police Department Policy 706 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. National City Police Department Policy 706 is approved and adopted.

SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of the City of National City hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sectio ns, subsections, subdivisions, paragraphs, sentences, clauses , or phrases be declared unconstitutional or invalid or ineffective.

SECTION 4. No Mandatory Duty of Care . This Ordinance is not intended to and shall not be construed or given effect in a manne r which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 5. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.

SECTION 6. Effective Date. This ordinance shall be published pursuant to law and shall become effective thirty (30) days from the date of passage and adoption. Within fifteen (15) days following its adoption, the City Clerk shall publish the title thereof, as a summary as required by State Law.

INTRODUCED by the City Council on March 1, 2022.

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

__________________________
Alejandra Sotelo-Solis, Mayor

ATTEST:
_____________________________
Luz Molina, City Clerk
APPROVED AS TO FORM:
_____________________________
Charles E. Bell Jr., City Attorney

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The following page(s) contain the backup material for Agenda Item: Public Hearing and Introduction of the U.S Department of Housing and Urban Development (HUD) 2022-2023 Annual Action Plan and the allocation of 2022-2023 HUD estimated entitlement grant funds and program income to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for the 2022-2023 Annual Action Plan. (Housing Authority)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:
___________________
________________
March 15, 2022
Public Hearing No. 1 of 2 for the U.S Department of Housing and Urban Development (HUD) 2022-2023 Annual Action Plan and the allocation of 2022-2023 HUD estimated entitlement grant funds and program income to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for the 2022-2023 Annual Action Plan.

Housing Authority
See Attachment No. 2
Angelita Palma , Housing Programs Manager
Attachment No. 1: 2022-2023 Action Plan Funding Recommendations Attachment No. 2: Explanation
Attachment No. 3: 2020-2024 Overview of Consolidated Plan Priorities and Goals Attachment No. 4: Notice of Public Hearing
No CEQA Exemption - This action is not subject to review under the California Environmental Quality Act (CEQA).

FINAL ADOPTION:

APPROVED: ________________ MIS
The City will receive an estimated $744,200 in CDBG and $328,300 in HOME Program funds for FY 2023. In addition, the City will reprogram to FY 2023 $142,387 in HOME program income received.

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

Not applicable to this report.
(619) 336-4219
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744,200.00$ 328,300.00$
-$ 142,387.00$
744,200.00$ 470,687.00$
FY 2022 Staff
Recommendation
588,862.00$
FY 2022 Staff
Recommendation
108,840.00$
40,000.00$
FY 2022 Staff
Recommendation
6,498.00$
744,200.00$
FY 2022 Staff
Recommendation
Affordable Housing Activities Set-Aside 374,373.00$
$ 49,245.00
FY 2022 Staff
Recommendation
47,069.00$
470,687.00$
105,678.00$ CDBG Program Administration
CHDO Set-Aside
Program Name
Program Name
Applicant Name
Applicant Name

ESTIMATED
Community Development Block Grant (CDBG) and
HOME Investment Partnership (HOME) Annual Action Plan
Funding Recommendations for HUD Program Year 2022
City Fiscal Year 2022-2023
Applicant Name
National City Housing Authority
Program Name
CDBG Activity Set-Aside
FY 2021 Allocation
-$
Community Development Block Grant (CDBG) Program
Non-Public Service Funds Available
Applicant Name
CSA San Diego County 41,000.00$
HOME Entitlement:

HOME Program Income 2022:

Total CDBG funds available:

CDBG Entitlement:

CDBG Program Income 2022:

Total CDBG funds available:

HOME Investments Partnership(HOME) Program
Project Funds
FY 2021 Allocation
556,892.50$
CDBG Activity Set-Aside
FY 2021 Allocation
Fair Housing & Tenant Landlord Services
Program Name
Fire Station 34 Sections 108 Loan Payment
Program Name
Planning and Administration Funds Available
Fire Department
CDBG TOTAL:

National City Housing Authority
The numbers above are estimated entitlement awards for CDBG and HOME is estimated. U.S Department of Housing and Urban Development (HUD) has not released funding allocations for program year 2022- 2023. Staff has proposed program funding recommendations for consideration by City Council. Funding commitments to any activity will depend on the ability to fund the activity with the actual award made to the City by HUD.

When HUD releases the final CDBG entitlement award, if additional funding is received it will be applied to the recommended CDBG Activity Set-Aside. If there is a decrease in the CDBG entitlement award, the CDBG Set-Aside and activities listed under Program Administration will be decreased proportionately. Likewise, if the HOME entitlement award is increased or decreased, each HOME activity will increase or decrease proportionally.

The City Manager will review and accept the final funding commitments as directed by the City Council.

FY 2021 Allocation
National City Housing Authority -$
Planning and Administration
Applicant Name FY 2021 Allocation
National City Housing Authority
49,248.91$
HOME Program Administration
HOME TOTAL:
51,596.00$
National City Housing Authority set-aside for a
Community Housing Development Organization
Attachment No. 1

Page 1 of 1 ends

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Attachment No. 2
City of National City
March 15, 2022
Staff Report Explanation

Page 1 of 3 ends

Public Hearing No. 1 of 2 for the U.S Department of Housing and Urban Development (HUD) 2022-2023 Annual Action Plan and the allocation of 2022-2023 HUD estimated entitlement grant funds and program income to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for 2022-2023 Annual Action Plan.

OVERVIEW: The U.S. Department of Housing and Urban Development (HUD) provides annual grants on a formula basis to entitlement cities and counties, including the City of National City for its Community Planning and Development Programs (CPD). The City of National City (City) receives Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program funds on an annual basis. The primary statuto ry objectives of the CDBG Program are to develop viable urban communities by providing decent housing, a suitable living environment, and by expanding economic opportunities, principally for low and moderate-income persons. The intent of the HOME Program is to expand the supply of decent, safe, sanitary, and affordable housing.

The 2020-2024 Consolidated Plan is the framework for the HUD CDBG and HOME entitlement programs. The Consolidated Plan outlines the City's housing and non- housing community development needs and priorities over five years. An overview of the Consolidated Plan's goals and priorities is attached to this staff report (Attachment No. 3). In addition, the entire Consolidated Plan and program information can be found at www.nationalcityca.gov/cdbg-home.

PUBLIC NOTICING: Public participation is an essential part of the development of the Annual Action Plan. All noticing for this process which sets forth the City’s policies and procedures for public participation is described in the Citizen and Community Participation Plan per City Council Resolution 2020-84 and can be found at www.nationalcityca.gov/cdg-home.

FUNDING AVAILABILITY : For fiscal year (FY) 2022 -2023, HUD program year 2022 staff estimates the City will receive an estimated $744,200 in CDBG entitlement funds. Of that amount, a maximum of 15% of the total allocation may be made available for public services programs and projects. Another 20% of the CDBG allocation is reserved for administration and mandatory fair housing requirements. The remainder (after reduction for required Section 108 debt servic e payments) will be available for non- public service programs such as public facilities and infrastructure projects. The Section 108 loan payment increases each year, which means fewer dollars can be allocated to public services, facilities, and infrastructure projects. With the Section 108 loan payment for FY 2022-2023 at $588,862 no other applications were accepted other than for fair housing and tenant -landlord services. The final Section 108 loan payment will be paid made in FY 2023-2024.

HOME entitlement funds are estimated at $328 ,300 for FY 2022-2023. Of that amount, 15% is set aside for Community Housing Development Organizations (CHDO). Another 20% of the HOME allocation is reserved for administration. The remaining amount will be set aside for an affordable housing activity.
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Attachment No. 2
City of National City
March 15, 2022
Staff Report Explanation

Page 2 of 3 ends

In addition to the entitlement funds discussed above, $142,387 in HOME funds from program income will be reallocated to HOME activities (Attachment No. 1).

ELIGIBLE APPLICANTS: In consideration of funding availability described above and stated in CDBG Program Guidelines posted online at www.nationalcityca.gov/cdg -home, the Housing Authority solicited the CDBG application to non-profit fair housing service providers. Qualified agencies were invited to apply for funding to address the City and Consolidated Plan priorities.

Agencies considered for funding should already provide a similar service and appear to be capable of depl oying the service following the City’s program guidelines and HUD rules and regulations found at 24 CFR Part 570 and 24 CFR Part 92.

NOTICE OF FUNDING: The City Council was notified of the 2021-2022 Action Plan development process and Notice of Funding Availability (NOFA) was made available to interested parties on November 16, 2021.

APPLICATION REVIEW PROCESS: Submitted applications are first determined to be eligible under CDBG and HOME rules and regulations, Consolidated Plan goals and priorities, and were further evaluated based on the following criteria:
• Demonstrated organizational or community need
• Experience with administering CDBG/HOME or federal grant funds • Organization's capacity, experience with projects of similar type • Budget and value of proposed work and deliverables for dollars invested • Quality of the approach, clarity, rationale, and feasibility FUNDING RECOMMENDATIONS/ANNUAL ACTION PLAN APPROVAL: Project and Program funding recommendations for the CDBG and HOME entitlement grant funds and program income will be presented at the first public hearing held on March 15, 2022. A second Public Hearing will be conducted on May 3, 2022, to review public comments received during a 30-day public review period (March 18 through April 17 , 2021) of the draft 2021- 2022 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed. After all public comments have been considered at the Public Hearing on May 3, 2022, the City Council will adopt the 2022 -2023 Action Plan and proposed CDBG and HOME Program funding recommendations.

HUD REVIEW: Upon receipt of the 2022-2023 Action Plan, HUD has 45 days to review and accept it. The Plan specifically details the City’s utilization of its CDBG and HOME program funds. HUD acceptance notices will be received in mid to late July.

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Attachment No. 2
City of National City
March 15, 2022
Staff Report Explanation

Page 3 of 3 ends

CDBG & HOME Programs
Annual Action Plan Timeline
Date Action
Tuesday,
November 16, 2021
CDBG/HOME Notice of funding availability and grant funding applications available
Monday,
December 6, 2021
Application submission deadline for CDBG and HOME FY 2022 funing is due at 6:00 P.M.

January - April Drafting of the 2022-2023 Action Plan
February Application Review Period
March 4, 2022 to
March 14, 2022
10-day Notice of Public Review Period and Notice of Public Hearing for the Draft 2022-2023 Action Plan

Tuesday,
March 15, 2022
Public Hearing No.1 on the 2022-2023 Action Plan and applicatn funding recommendation to the City Council

March 18, 2022 to
April 17, 2022
30-day Notice Public Review period and Notice of Public Hearing for the Draft 2022-2023 Action Plan

Tuesday, May 3,
2022
Virtual Public Hearing No. 2 (Final) to Approve the Draft 2022-2023 Action Plan

Monday,
May 16, 2022 Submission of the 2022-2023 Annual Action Plan to HUD May Application Award Notification
June - July Begin contract negotiations with selected CDBG and HOME subrecipients and initiate enviornmental reviews.

Friday, July 1, 2022 Beginning of Program Year
NOTES
All dates listed herein are tentative and are subject to change. Therefore, persons relying on this Schedule must contact the CDBG and HOME Program Administer at 619-336-4219 to confirm the actual date of each event listed above as the timeframe nears.

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Attachment No. 3

Page 1 of 2 ends

Consolidated Plan Goals 2020-2024
The 2020-2024 Consolidated Plan is the framework for the U.S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program entitlement programs. The Plan outlines the City's housing and non-housing community development needs and priorities over five years.

1. Goal: Provide Decent and Affordable Housing
• Priority: Conserve and Improve Existing Affordable Housing o Assistance to aid in the rehabilitation of single-family and multi-family housing units. o Acquisition, with or without rehabilitation, of multi-family projects. o Conservation of affordable housing at risk of converting to market-rate housing. • Priority: Provide Homeownership Assistance
o Assistance to low-moderate income households to achieve homeownership o Assistance to developers for the acquisition and re-sale of housing units to low-moderate income homebuyers.
• Priority: Assist in the Development of Affordable Housing o Assistance to developers in the development of affordable housing, including acquisition, land assemblage, construction, conversion, purchase of affordability covenants, or other mechanisms.

2. Goal: Provide Community Facilities and Infrastructure • Priority: Provide for Community Facilities and Infrastructure o Provide for new and improve existing community facilities and infrastructure. These may include, but are not limited to: parks and recreation facilities; fire equipment; facilities prioritized on the City’s ADA Transition Plan; community facilities; and public streets, sidewalks, curbs, and rights-of-way.
o Repayment of Fire Station 34 Section 108 loan. Assess the need for and (when determined to be warranted) pursue section 108 loans for large-scale public improvement and revitalization projects.

3. Goal: Provide Community and Supportive Services
• Priority: Provide Community and Supportive Services
o Provide for a variety of community and supportive services, with special emphasis on crime awareness and prevention programs such as code enforcement, services for the homeless, seniors, at-risk youth, the disabled, and other persons with special needs.

4. Goal: Support Initiatives that Reduce Homelessness
• Priority: Support Initiatives that Reduce Homelessness o Tenant-based rental assistance that targets families that are homeless or housing insecure, and families experiencing domestic violence.
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Attachment No. 3

Page 2 of 2 ends

o Participate in the San Diego County Regional Task Force on the Homeless (RTFH) and South Bay Homeless Alliance to assess needs and coordinate efforts to address needs.

5. Goal: Promote Equal Housing Opportunity
• Priority: Promote Equal Housing Opportunity
o Promote fair housing services provided by the City’s fair housing services provider. o Comply with fair housing planning requirements (as identified in the Analysis of Impediments to Fair Housing Choice).

6. Goal: Planning and Administration
• Priority: Planning and Administration
o Invest in the planning and administration of the CDBG and HOME programs. 295 of 452
Attachment No. 4
P

UBLIC NOTICE
C

ITY OF NATIONAL CITY
FIRST PUBLIC HEARING FOR THE DRAFT FISCAL YEAR 2022-2023

ANNUAL ACTION PLAN
In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD) . The 2020-2024 Consolidated Plan outlines the City's housing and non-housing community development needs and priorities over five years. The Action Plan, 2022-2023, outlines how the City intends to spend an estimated $744,200 in federal Community Development Block Grant (CDBG) and $ 328,300 in federal HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City anticipates allocating $142,387 in program income earned from the previous year's HOME activities to fund activities listed under the proposed Action Plan.

Notice is hereby given that the City Council of the City of National City will hold the first of two Public Hearings on Tuesday, March 15, 2022, at 6:00 p.m. The purpose of the Public Hearing is to provide an opportunity for public comment on the recommendations made to the City Council for funding of the CDBG and HOME Program activities listed under the 2022-2023 Action Plan. The Consolidated Plan is available for review on the City’s website www.nationalcityca.gov/cdbg-home. Hardcopies are available through the office of the City Clerk (1243 National City Boulevard, National City, CA 91950)
A seco
nd Public Hearing will be conducted at the regularly scheduled City Council meet ing on May 3, 20 22, to review public comments received during a 30-day public review period (March 18 through April 17, 2022) of the draft 2022-2023 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed. After all public comments have been considered at the Public Hearing on May 3, 2022, the City Council will adopt the 2022-2023 Action Plan and proposed CDBG and HOME Program funding recommendations.

Pu
blic participation is an essential part of the development of the Annual Action Plan. Interested persons and community groups are invited to watch and participate in these hearings. Both Public Hearings are anticipated to be held online at www.nationalcityca.gov/webcast.

Pu
blic comment may be submitted prior to the meeting in writing by email at [email protected]; please provide the agenda item number or title of the item in the subject line of the email. Public comments or testimony are limited to three (3) minutes. All email comments received by 1:00 p.m. on the day of the meeting will be made a part of the official record. To provide live public comment during the meeting, you must pre-register on the City's website at https://www.nationalcityca.gov/publiccomment by 1:00 p.m. on the day of the regular meeting to join the City Council Meeting. For more information regarding this proc ess, please contact the City Clerk’s Office at (619) 336- 7328 or email at [email protected].

Hearing-impaired persons, please use the CAL Relay Service Number 711. Asistencia en Español: Para que le interpreten la información en español, llame al (619) 336-4391.

C
arlos Aguirre, Housing Authority Director
City of National City
March 4, 2022

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AVISO PÚBLICO

CIUDAD DE NATIONAL CITY

PRIMERA AUDIENCIA PÚBLICA PARA EL PLAN DE ACCIÓN ANUAL PARA EL AÑO FISCAL 2022-2023

De acuerdo con las regulaciones federales en 24 CFR, Parte 91, la Ciudad de National City (Ciudad) debe preparar y presentar un Plan de Acción Anual para sus Programas de Vivienda y Desarrollo Comunitario financiados por el Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD). El Plan Consolidado 2020-2024 describe las necesidades y prioridades de desarrollo comunitario de vivienda y no vivienda de la Ciudad durante cinco años. El Plan de Acción Anual para el Año Fiscal 2022-2023 describe cómo la Ciudad tiene la intención de gastar $744,200 federales en bloque de desarrollo comunitario (CDBG) y aproximadamente $328,300 en fondos federales del Programa home Investment Partnerships (HOME). Además de las fuentes de financiamiento mencionadas anteriormente, la Cuidad asignar $142,387 en los ingresos del programa obtenidos de las actividades HOME de años anteriores para financiar las actividades enumeradas en el Plan de Acción propuesto.

Por la presente se notifica que el Concejo Municipal de la Ciudad de National City llevará a cabo la primera de dos Audiencias Públicas el martes 15 de marzo de 2022, a las 6:00 p.m. El propósito de la Audiencia Pública es proveer una oportunidad para el comentario público sobre las recomendaciones hechas al Concejo Municipal para el financiamiento de las actividades del Programa de CDBG y HOME listadas bajo el Plan de Acción 2022 - 2023. El Plan Consolidado está disponible para su revisión en el sitio web de la Ciudad
www.nationalcityca.gov/cdbg-home. Las copias impresas están disponibles en la oficina del Secretario de la Ciudad (1243 National City Boulevard, National City, CA 91950)

Se llevará a cabo una segunda Audiencia Pública en la reunión programada regularmente del Concejo Municipal el 3 de mayo de 2022, para revisar los comentarios públicos recibidos durante un período de revisión pública de 30 días (del 18 de marzo al 17 de abril de 2022) del Plan de Acción Anual 2022-2023; y para proporcionar a las personas interesadas y grupos comunitarios una última oportunidad de compartir sus pensamientos sobre respecto al Plan y las actividades del Programa CDBG y HOME que se proponen. Después de que todos los comentarios públicos hayan sido considerados en la Audiencia Pública el 3 de mayo de 2022, el Concejo Municipal adoptará el Plan de Acción 2022-2023 y las recomendaciones de financiamiento propuestas del Programa CDBG y HOME.

La participación pública es una parte esencial del desarrollo del Plan de Acción Anual. Se invita a las personas interesadas y a los grupos comunitarios a asistir y participar en estas audiencias. Ambas audiencias públicas se llevarán a cabo en línea en www.nationalcityca.gov/webcast .

El comentario público puede ser enviado antes de la reunión por escrito por correo electrónico a [email protected]; por favor proporcione el número de ítem de la agenda y el título del ítem en la línea de asunto del correo electrónico. Los comentarios o testimonios públicos están limitados a hasta tres (3) minutos. Todos los comentarios por correo electrónico recibidos antes de las 1:00 p.m. del día de la reunión se enviarán por correo electrónico a los miembros del Concejo Municipal y se harán parte del registro oficial. Para proporcionar comentarios públicos en vivo durante la reunión, debe preinscribirse en el sitio web de la Ciudad a las https://www.nationalcityca.gov/publiccomment antes d e las 4:00 p.m. del día de la reunión regular para unirse a la Reunión del Concejo Municipal. Para obtener más información sobre este proceso, comuníquese con la Oficina del Secretario de la Ciudad al (619) 336 -7328 o por correo electrónico a [email protected]. Personas con discapacidad auditiva, utilice el número de servicio de retransmisión CAL llamando al 711. Asistencia en Español: Para que le interpreten la información en español, llame al (619) 336-4391.

Carlos Aguirre, Housing Authority Director
Ciudad de National City
marzo 4, 2022

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Kalakip Blg. 4

PAUNAWA SA PUBLIKO

LUNGSOD NG NATIONAL CITY

UNANG PAMPUBLIKONG PAGDINIG PARA SA DRAFT NA TAUNANG PLANO NG AKSYON PARA SA FISCAL YEAR 2022-2023

Alinsunod sa mga pederal na regulasyon sa 24 CFR, Bahagi 91, kinakailangan ng Lungsod ng National City (Lungsod) na maghanda at magsumite ng Taunang Plano ng Aksyon para sa Mga Programa ng Benepisyo sa Pabahay at Pagpapaunlad sa Komunidad (Housing and Community Development Entitlement Programs) nito na pinopondohan ng U.S. Department of Housing and Urban Development (HUD o Kagawaran ng Pabahay at Pagpapaunlad ng Lungsod).

Binabalangkas ng 2020-2024 Consolidated Plan ang mga pangangailangan at priyoridad ng Lungsod sa pagpapaunlad sa komunidad ukol sa pabahay at para sa hindi pabahay sa loob ng limang taon. Binabalangkas ng Plano ng Aksyon para sa 2022 -2023 kung paano nilalayon ng Lungsod na gumastos ng tinatayang $744,200 na pondo ng pederal na Community Development Block Grant (CDBG) at $328,300 na pondo ng benepisyo sa pederal na HOME Investment Partnerships (HOME) Program. Bukod pa sa mga pinagmumulan ng pondo na nabanggit sa itaas, inaasahan ng Lungsod ang pagtatalaga ng $142,387 na kita sa programa na kinita mula mga aktibidad sa HOME noong mga nakaraang taon para pondohan ang mga aktibidad na nakalista sa ilalim ng iminumungkahing Plano ng Aksyon.

Sa pamamagitan nito, Ipinapatalastas na idaraos ng Konseho ng Lungsod ng Lungsod ng National City ang una sa dalawang Pampublikong Pagdinig sa Martes, Marso 15, 2022, sa ganap na 6:00 p.m. Ang layunin ng Pampublikong Pagdinig ay magbigay ng pagkakataon para sa pagkomento ng publiko tungkol sa mga rekomendasyong ibinigay sa Konseho ng Lungsod para sa pagpopondo sa mga aktibidad ng CDBG at HOME Program na nakalista sa ilalim ng Plano ng Aksyon para sa 2022-2023. Ang Consolidated Plan ay available na suriin sa website ng Lungsod www.nationalcityca.gov/cdbg-home. May mga available na hardcopy sa tanggapan ng City Clerk (1243 National City Boulevard, National City, CA 91950)

Magsasagawa ng pangalawang Pampublikong Pagdinig sa regular na nakaiskedyul na pulong ng Konseho ng Lungsod sa Mayo 3, 2022, para suriin ang mga komento ng publiko na natanggap sa 30 araw na yugto ng pagsusuri ng publi ko (Marso 18 hanggang Abril 17, 2022) sa draft na Plano ng Aksyon para sa 2022- 2023; at para bigyan ang mga interesanteng tao at grupo sa komunidad ng huling pagkakataon para ibahagi ang kanilang mga kuro-kuro hinggil sa Plano at sa mga aktibidad sa CDBG at HOME Program na iminumungkahi. Matapos masuri ang lahat ng komento ng publiko sa Pampublikong Pagdinig sa Mayo 3, 2022, papagtibayin ng Konseo ng Lungsod ang Plano ng Aksyon para sa 2022-2023 at mga iminungkahing rekomendasyon sa pagpopondo sa CDBG at HOME.

Ang pakikilahok ng publiko ay isang mahalagang bahagi ng paggawa sa Taunang Plano ng Aksyon. Iniimbitahan ang mga interesanteng tao at grupo sa komunidad na manood na lumahok sa mga pagdinig na ito. Inaasahang idaraos ang dalawang Pampublikong Pagdinig online sa www.nationalcityca.gov/webcast.

Maaaring magsumite ng pampublikong komento bago ang pulong sa pamamagitan ng pagsulat sa email sa [email protected]
; pakibigay ang numero o pamagat ng agenda item ng item sa subject line ng email.

Ang mga pampublikong komento o testimonya ay limitado sa hanggang tatlong (3) minuto. Ang lahat ng komento sa email na matatanggap bago sumap it ang 1:00 p.m. sa araw ng pulong ay magiging bahagi ng opisyal na record. Para magbigay ng live na pampublikong komento sa pulong, dapat kang mag-preregister sa website ng Lungsod sa https://www.nationalcityca.gov/publiccomment bago sumapit ang 1:00 p.m. sa araw ng regular na pulong para makasali sa Pulong ng Konseho ng Lungsod. Para sa higit pang impormasyon hinggil sa prosesong ito, paki -contact ang Tanggapan ng City Clerk sa (619) 336-7328 o sa pamamagitan ng email sa [email protected]. Para sa mga taong may kapansanan sa pandinig, pakigamit ang CAL Relay Service Number 711. Asistencia en Español: Para que le interpreten la información en español, llame al (619) 336-4391.

Carlos Aguirre, Housing Authority Director
Lungsod ng National City, Marso 4, 2022

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The following page(s) contain the backup material for Agenda Item: Public Hearing and Introduction of an Ordinance of the City of National City Amending National City Municipal Code 9.60.110 (Evidence of a Cannabis Owner(s), and Representative(s) Background Check Required) and 9.60.230(j) (General Operating Requirements for all Commercial Cannabis Businesses). (City Manager)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

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

ITEM TITLE:

Public Hearing No.1 of 2 of an Ordinance of the City of National CityAmending National City Municipal Code 9.60.110 (Evidence of a Cannabis Owner(s), and Representative(s) Background Check Required) and 9.60.2300) (General Operating Requirements forallCommercial Cannabis Businesses) (firstreading)
R P :P E ARED BY CityManager’sOffi DEPARTMENT:

Megan Gamwell, Economic Development Specialist
PHONE: 619—336-4216
EXPLANATION:

APPROVED BY:

See Attachment 2; Ordinance Chapter 9.60 to the National City Municipal Code regulatingCommercial Cannabis Activity.

FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT N0. APPROVED: MIS
ENVIRONMENTAL REVIEW:
n/a

ORDINANCE: INTRODUCTION: X FINALADOPTION:

STAFF RECOMMENDATION:

Itisrecommended the CityCouncil move to introduceby titleonly,waive furtherreading.and introducethe ordinance, with the second reading and adoption to occur at the April5, 2022 meeting.

BOARD /COMMISSION RECOMMENDATION:

N/A

ATTACHMENTS:

1. City StaffReport

2. Ordinance with strikethroughand changes

3. Ordinance prepared foradoption

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Attachment 1

CITY COUNCIL STAFF REPORT

AGENDA ITEM

Public Hearing No.1 of 2 of an Ordinance of the City of National City Amending National City Municipal Code 9.60.110 (Evidence of a Cannabis Owner(s), and Representative(s) Background Check Required) and 9.60.230(j) (General Operating Requirements for all Commercial Cannabis Businesses) (first reading)

BACKGROUND REPORT

Chapter 9.60 of the National City Municipal Code establishes regulations for commercial cannabis activity in the City. Section 110 and Section 230(j) establishes certain prohibitions for receiving a cannabis permit for business owners and representatives based on criminal background. Section 110 (a) requires that prospective owners undergo a background investigation before issuing a permit to determine if an owner is ineligible for a permit.

Background investigations are conducted via a “Live Scan” in coordination with the United States Department of Justice (DOJ).

As initially established, the City’s Application Procedures & Guidelines for a Commercial Cannabis Business permit call for the following:

1. An initial criminal history background check on each owner during Phase 1 of the application process, conducted by the third party consultant.

2. A Live Scan background check for each successful applicant.

National City Municipal Code Section 9.60.110 calls for the City’s Police Department (PD) to manage the Live Scan process. PD must submit the Live Scan to DOJ to review criminal record information. These procedures are outlined in the National City Municipal Code and in the “Application Procedures and Guidelines” approved by the City in 2021.

To use Live Scan for cannabis background checks, the City must receive DOJ and the FBI approval. The City Council “approving an application to access state and federal level summary criminal history information for cannabis employment, contractors, licensing or certification 301 of 452
Attachment 1

purposes” on November 2, 2021 (Resolution Number 2021-161) . Subsequently, DOJ informed the City that recent changes to the FBI approval process would require the City to change part of the ordinance and resolution for Live Scan approval. In addition, the complete approval process could take up to a year. DOJ’s timeframe does not align with the city’s desired schedule in approving commercial cannabis businesses. Moreover, it will delay the City’s receipt of revenue from the commercial cannabis businesses.

City Staff, the Police Department and the City’s Commercial Cannabis Consultant SCI reviewed the matter and determined an alternative. To receive a State cannabis license, cannabis operators must submit to a Live Scan through the Department of Cannabis Control (DCC). Since

Business and Professions Code Section 26057(b)(4) establishes the same prohibitions as the City’s municipal code, City staff has determined this process to be duplicative. As a result, City staff is recommending removing the requirement of the Live Scan background check through PD and accepting the DCC’s Live Scan as a sufficient background check.

The proposed ordinance modifies the City’s background check requirement and removes the requirement for a Live Scan to be managed by the National City Police Department. However, cannabis applicants/owners will still be required to undergo the initial criminal history background check during Phase 1 of the application process, conducted by the third party consultant.

NEXT STEPS

If adopted City Staff will update the Commercial Cannabis Application Guidelines and Procedures to state” Each Owner, as defined in NCMC Section 9.60.110, must undergo a background check to demonstrate that they do not provide “good cause” for denial of a permit per 9.60.110. Owners who do not meet the criminal history eligibility requirements of Section

9.60.110 will be disqualified. Background check information can be found online at NationalCityCa.Gov/Cannabis.

RECOMENDATION
It is recommended the City Council move to introduce by title only, waive further reading, and introduce the ordinance, with the second reading and adoption to occur at the April 5, 2022 meeting.

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Commercial Cannabis Activity 1 Ordinance No. 2021 - 2487 NCMC Chapter 9.60 May 4, 2021

ORDINANCE NO. 2021 -

NATIONAL CITY ORDINANCE ADDING CHAPTER 9.60 TO THE NATIONAL CITY

MUNICIPAL CODE REGULATION OF COMMERCIAL CANNABIS ACTIVITY

Section 9.60.010. Purpose and Intent.

It is the purpose and intent of this Chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) to accommodate the needs of medically -ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same. It is also the purpose and intent of this Chapter to provide access to adult-use cannabis for persons aged twenty-one (21) and over as authorized by the Control, Tax & Regulate t he Adult Use Cannabis Act (“AUMA” or “Proposition 64” approved by California voters in 2016), while imposing sensible regulations on the use of land to protect the City of National City’s residents, neighborhoods, and businesses from disproportionately negative impacts. As such, it is the purpose and intent of this Chapter to regulate the cultivation, processing, manufacturing testing, sale, delivery, distribution and transportation of cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the City of National City and to enforce rules and regulations consistent with state and local law. It is the further purpose of intent of this Chapter to require all commercial cannabis operators to obtain and renew annually a commercial cannabis business permit to operate within the City of National City. Nothing in this Chapter is intended to authorize the possession, use, or provision of cannabis for purposes that violate state or local law. The provisions of this Chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the City of National City, and are in addition to any permits, licenses and approval required under state, City, or other law.

Section 9.60.020. Legal Authority.

Pursuant to Sections 5 and 7 of Article XI of the California Constitution, the provisions of the MAUCRSA, and any subsequent state legislation and/or regulations regarding same, the City of National City is authorized to adopt ordinances that establish standards, requirements and regulations for the licensing and permitting of commercial cannabis activity. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable in the City of National City to all commercial cannabis activity.

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Section 9.60.030. Cannabis Cultivation and C ommercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter.

Except as specifically authorized in this Chapter, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery , distribution or transportation (other than as provided under Bus. & Prof. Code Section 26090(e) , of cannabis or cannabis product is expressly prohibited in the City of National City.

Section 9.60.040. Compliance with State and Local Laws.

It is the responsibility of the owners and operators of the commercial cannabis business, or any other responsible person(s), to ensure that it is, always, operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder. Nothing in this Chapter shall be construed as authorizing any actions that violate state law or local law wi th respect to the operation of a commercial cannabis business. It shall be the responsibility of the owners and the operators of the commercial cannabis business, or any other responsible person(s), to ensure that the commercial cannabis business is, at al l times, operating in a manner compliant with all applicable state and local laws, including the MAUCRSA, and any subsequently enacted state or local law or regulatory, licensing, or certification requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the commercial cannabis business permit.

Section 9.60.050. Definitions.

All definitions pertaining to cannabis regulation that appear in Business and Professions Code Section 26001, as codified by Senate Bill 94, MAUCRSA, are hereby incorporated by reference. Definitions appearing in this ordinance are either those that are not covered by state law, pre- date Proposition 64 and the MAUCRSA, or are outside the scope of Section 26001.

(a) “Adult Use” means the use of cannabis for recreational purposes by persons twenty-one (21) years of age or older.

(b) “Canopy” shall have the same meaning as that appearing in Title 3, Section 8000(f) of the California Code of Regulations.

(c) “Caregiver” or “primary caregiver” has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code.

(d) “Distributor” shall have the same meaning as that appearing in Section 26070 of the Business and Professions Code.

(e) “Commercial cannabis business” means any business or operation which 304 of 452
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engages in medicinal or adult-use commercial cannabis activity.

(f) “Commercial cannabis business permit” means a regulatory permit issued by the City of National City pursuant to this Chapter, to a commercial cannabis business and is required before any commercial cannabis activity may be conducted in the City of National City. The initial permit and annual renewal of a commercial cannabis business is made expressly contingent upon the business’ ongoing compliance with all of the requirements of this Chapter , any regulations adopted by the City of National City governing the commercial cannabis activity at issue, and any other state and local laws and regulations.

(g) “Consumption lounge” means an area that is part of the premises of a state-licensed, locally permitted commercial cannabis retail business , and that is designated for consumption of cannabis or cannabis products.

(h) “Dispensing” means any activity involving the retail sale of cannabis or cannabis products from a retailer.

(i) “Electronic Smoking Device” means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, includi ng any component, part, or accessory of such a device, whether or not sold separately. “Electronic Smoking Device” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electroni c cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. “Electronic Smoking Device” also includes cartridges, cartomizers, e -liquid, smoke juice, tips, atomizers, Electronic Smoking Device batteries, Electronic Smoki ng Device charges, and any other item specifically designed for the preparation, charging, or use of Electronic Smoking Devices.

(j) “Limited-access area” means an area in which cannabis is stored or held and is only accessible to some licensee and authorized personnel.

(k) “Manufactured cannabis” means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application.

(l) “Manufacturing site” means a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid commercial cannabis business permit for manufacturing from the City of National City and, a valid state license as required for manufacturing of cannabis products. 305 of 452
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(m) “Microbusiness” shall have the same meaning as that contained in Section 26070(a)(3) of the Business and Professions Code.

(n) “Non-volatile solvent” means any solvent used in the extraction process that is not a volatile solvent as defined by state law . For purposes of this chapter, a nonvolatile solvent includes carbon dioxide (CO 2) used for extraction and ethanol used for extraction or post-extraction processing.

(o) “Package” means any container or receptacle used for holding cannabis or cannabis products.

(p) “Patient” or “qualified patient” shall have the same definition as California Health and Safety Code Section 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health & Safety Code Section 11362.22.

(q) “Person with an identification card” shall have the meaning given that term by California Health and Safety Code Section 11362.7.

(r) “Processing” means a cultivation site that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and non- manufactured cannabis products.

(s) “Retail Ancillary/Accessory Use” Shall be determined when less than forty percent of a business’s gross floor area is devoted to the use, display, and/or sales of cannabis products and/or paraphernalia and no approved Retail Ancillary/Accessory Use shall be permitted without a licensed and operational primary use.

(t) “Responsible person(s)” shall include but not be limited to a property owner, tenant, manager , permit holder, or any other person with a legal interest in the affected real property and any person in possession of the affected real property.

(u) “Retailer” shall have the same meaning as the definition appearing in Section 26070(a)(1) of the Business and Professions Code.

(v) “State license” means a permit or license issued by the State of California, or one of its departments or divisions, under MAUCRSA and any subsequent State of California legislation regarding the same to engage in commercial cannabis activity. A state license alone will not authorize the holder to operate a cannabis business , as state law also requires a permit or other authorization issued by a local jurisdiction.

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(w) “THC” means Tetrahydrocannabinol, the primary active ingredient in cannabis. It is a psychotropic intoxicant causing euphoria and capable of altering human perception and motor skills.

(x) “Topical cannabis” means a product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code.

(y) “Transport” means the transfer of cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized by MAUCRSA which ma y be amended or repealed by any subsequent State of California legislation regarding the same.

Transport can only be performed by licensed distributors and does not include deliveries of cannabis or cannabis products.

(z) “Vape cartridge” means a small attachment to a cannabis e- cigarette or vape pen that is a pre-filled container of cannabis oil. Vape cartridges are sold pre-filled with cannabis concentrates which contain cannabis' active ingredients. The liquid in such products usually contains a propylene glycol or vegetable glycerin- based liquid with flavoring and other chemicals and metals. Many vape cartridges are high in THC, but some contain cannabidiol (CBD, a non-psychoactive cannabinoid used as an analgesic), or terpenes (the chemicals that give cannabis its flavorful tastes and aromas).

(aa) “Vaping” means the action or practice of inhaling and exhaling the vapor produced by an electronic cigarette or similar device.

(bb) "Volatile solvent" means a solvent as defined by Health and Safety Code Section 11362.3(b)(3) as of the effective date of this article and as subsequently amended.

(cc) “Youth center” means any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on city , county or state parks. This definition shall not include 307 of 452
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Commercial Cannabis Activity 6 Ordinance No. 2021 - 2487 NCMC Chapter 9.60 May 4, 2021

any private martial arts, yoga, ballet, music , art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor’s office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.

Section 9.60.060. Authorization to Engage in Commercial Cannabis Business.

(a) No person may engage in any authorized commercial cannabis business or in any commercial cannabis activity within the City of National City including cultivation, manufacturing, processing, laboratory testing, transporting, dispensing, distribution, or sale of cannabis or a cannabis product unless the person has the following:

(1) a valid commercial cannabis business permit issued by the City of National City;

(2) a valid business license issued by the City of National City;

(3) a mandatory building inspection and all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), the National City Fire Department approvals, Health Department approvals and other zoning and land use permit(s) and approvals.

(4) a valid state license for the commercial cannabis activity corresponding to the business permit issued by the City of National City;

(5) requisite approvals from the Planning Division of the National City Community Development Department;

(6) a valid development agreement jointly negotiated with the City of National City;

(7) a valid State of California Seller’s Permit.

(b) Development agreement

(c) No permit shall be issued pursuant to this Chapter for outdoor commercial cannabis cultivation, which is prohibited. It is a violation of this Chapter for any person or entity to engage in any outdoor commercial cannabis cultivation of any kind.

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Section 9.60.070. Location and Design of Cannabis Businesses.

Cannabis businesses permitted by the City of National City to engage in Cultivation, Distribution, Manufacturing, Microbusiness, Testing Labs, or Retail anc illary/Accessory use to the primary activity of the business, for cannabis and cannabis products are subject to the following zoning and locational requirements:
(a) Cultivation, Distribution, Manufacturing, Microbusiness, Testing Labs, or Retail ancillary/ accessory use must be located in the following zones: IL (Light Industrial), IM (Medium Industrial), IH (Heavy Industrial) and must meet all of the requirements for development in these zones (see Section

18.20.020, National City Municipal Code) . The cannabis businesses must also meet all of the following distance requirements:
(1) It shall be no closer than six hundred (600) feet from any zoned parcel in the City of National City designated by state law as a sensitive use, and pursuant to Section 9.60.070 (a) (3).

The distance measured shall be the
horizontal distance measured in a straight line from the property line of those parcels in Section 9.60.070 (a) (3) to the closest property line of the lot on which the cannabis business is located.
(2) Cannabis businesses providing Retail ancillary /accessory use to the primary activity of the business shall be no closer than two hundred fifty (250) feet of any residential parcel in the City of National City as of the date the cannabis business permit is issued. The distance between the cannabis business and the residential parcel shall be measured from the outer boundaries of the residential parcel to the first structure on the property seeking the commercial cannabis permit.
(3) It shall be no closer than six hundred (600) feet from any parcel containing any of the following:

A. A school providing instruction in kindergarten or any grades 1 through 12, (whether public or private, or charter, including pre- school, transitional kindergarten, and K-12);
B. A commercial daycare center licensed by the State, County or City or that is in existence at the time the license is issued, unless the State licensing authority or the City of National City specifies a different radius.

C. A youth center that is in exist ence at the time the license is issued, unless the State licensing authority or the City of National City specifies a different radius.
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(b) Consumption lounges must be located in the following: CT (Tourist Commercial) West of Interstate 5 and must meet all of the requirements for development in these zones (see Section 18.20.020, National City Municipal Code). They must also comply with the buffer zone requirements contained in 9.60.070(a).
(c) Each proposed cannabis business project shall:
(1) Conform with the City of National City ’s general plan, any applicable specific plans, master plans, and design requirements.
(2) Comply with all applicable zoning and related development standards.
(3) Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.

(4) Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development.

(5) Be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.

(6) Be provided with adequate electricity, sewerage, disposal, water, fire protection and storm drainage facilities for the intended purpose.

Section 9.60.080. Maximum Number and Type of Authorized Commercial Cannabis Businesses Permitted.

(a) The number of each type of commercial cannabis business that shall be permitted to operate in the City of National City shall be established by resolution by the City Council.

(b) Section 9.60.080 is only intended to create a process in determining the maximum number of commercial cannabis businesses that may be issued permits to operate in the City of National City under each category. Nothing in this Chapter creates a mandate that the City Council must issue any or all of the commercial cannabis business permits if it is determined that the applicants do not meet the standards which are established in the application requirements, or by further amendments to the application process, or if the City Council upon further deliberation determines that the issuance of any or 310 of 452
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all commercial cannabis business permits will negatively impact the public safety, welfare or other public policy concerns.

(c) Each year following the City Council’s initial award of permits, if any, or at any time in the City Council’s discretion, the City Council may reassess the number of commercial cannabis business permits which are authorized for issuance. The City Council at its discretion, may determine that the number of commercial cannabi s permits should stay the sam e, be expanded, or reduced.

Section 9.60.090. Fees and Charges.

(a) No person may commence or continue any commercial cannabis activity in the City of National City , without timely paying in full all fees and charges required for the operation of a commercial cannabis activity. Fees and charges associated with the operation of a commercial cannabis activity shall be established by resolution of the City Council which may be amended from time to time.

(b) All commercial cannabis businesses authorized to operate under this Chapter shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each commercial cannabis business shall cooperate with the City of National City with respect to any reasonable request to audit the commercial cannabis business’ books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period.

Section 9.60.100. Development Agreement.

Prior to operating in the City of National City and as a condition of issuance of a regulatory permit, the operator of each cannabis facility shall enter into a Development Agreement with the City of National City setting forth the terms and conditions under which the cannabis facility will operate that are in addition to the requirements of this C hapter, including, but not limited to community benefits such as public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety and welfare.

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Section 9.60.110. Evidence of Cannabis Owner(s), and Representative(s) Background Check Required.

(a) Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorize city authorities to access state and local criminal history information for employment, licensing, or certification purposes
, and authorize access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every applicant must undergo a criminal history background check to demonstrate they do not provide “good cause” for denial which include the following: for a Certificate of Approval (including owners, managers, supervisors and any individual who will be participating in the direction, control, or management of the cannabis business must submit fingerprints and other information deemed necessary by the City Manager or their designee for a background check by the National City Police Department or a third party. A fee for the cost of the background investigation, which shall be the actual cost to the City of National City to conduct the background investigation as it deems necessary and appropriate, including City of National City staff time and costs, shall be paid at the time the person submits for the background check.

(b) The criminal background check must at a minimum identify the following:

1) Whether the owners, managers, supervisors and any
individual who will be participating in the direction, control, or management has ever been convicted of a violent felony or serious as defined by California Penal Code 667.5 or Section 1192.7(c), or equivalent offenses in other states;

2) Whether the owners, managers, supervisors and any
individual who will be participating in the direction, control, or management has ever been convicted of a crime involving dishonesty, fraud or deceit, including but not limited to fraud, forgery, theft, or embezzlement as those offenses are defined in California Penal Code Sections 186.11, 470, 484, and 504a, respectively; or equivalent offenses in other states; or

3)
Whether the owners, managers, supervisors and any
individual who will be participating in the direction, control, or management has ever been convicted of a felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, 312 of 452
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furnishing, offering to furnish, administering, or giving any controlled substance to a minor.

4) Whether the owners, managers, supervisors and any
individual who will be participating in the direction, control, or management has ever been convicted of a felony conviction for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code.

5) Whether the owners, managers, supervisors and any
individual who will be participating in the direction, control, or management has ever been convicted of the illegal use,
possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, not including cannabis-related offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996.

(b)
Evidence of a conviction of any the offenses enumerated in Section

9.60.110(a)(b) , absent a Certificate of Rehabilitation, shall be grounds for immediate disqualification of the applicant. may be grounds for denial of employment.

(c)
Evidence of a conviction of any the offenses enumerated in Section

9.60.110(a) may be grounds for denial of employment.

(d) Violation of this section may be grounds for immediate suspension of the business’ operating permit. The business operator shall have the right to an appeal pursuant to section 9.60.380.

Section 9.60.120. Persons Prohibited from Holding a Commercial Cannabis License.

(a) Any person, including but not limited to any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit (“applicant”), in which any of the following actions or notices have been issued for non-compliance or if they have been engaging or have engaged in the following activity, shall be prohibited from holding a cannabis commercial license or a cannabis business permit in the City of National City:
(1) The applicant has had a license suspended or revoked by any City, county, City and county or any other state cannabis licensing authority;
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(2) Evidence that the applicant is delinquent in payment of federal, state or local commercial taxes and/or fees;

(3) Applicant was conducting (or has conducted) commercial cannabis activity in the City of National City in violation of local and/or state law, not including commercial cannabis-related offenses for which the conviction occurred after the C ity banned cannabis in 2012.

(4) If any person enters into either a verbal or written agreement to lease, sublease, or any other agreement for any terms of use of the premises granted by a property owner,
commercial broker or any third party, that is in violation of Section 9.60.060 and Section 9.60.150. Any such lease, sublease or agreement shall not contain terms or conditions requiring the cannabis permit licensee to pay the property owner, commercial broker, or any third party a percentage of gross receipts, royalties, equity, or other unreasonable compensation as determined by the City of National City . In addition, all leases, subleases, or other agreements must be based on a monthly rate.

Section 9.60.130. Persons Prohibited from Employment by a Commercial Cannabis Business.

(a) Any person, including but not limited to any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, in which any of the following actions or notices have been issued for non-compliance or if they have been engaging or have engaged in the following activity, shall be prohibited from employment with a cannabis business permittee in the City of National City:

(1) The person has had a license suspended or revoked by any City, County, or Cit y and County, or any other state cannabis licensing authority;

(2) Evidence that the person is delinquent in payment of federal, state or local commercial taxes and/or fees.

(3) The person was conducting commercial cannabis activity in the City of National City in violation of local and/or state, not including 314 of 452
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commercial cannabis-related offenses for which the conviction occurred after the city banned cannabis in 2012.

Section 9.60.140. Certification from the Community Development Department.

Prior to submitting any applications for a commercial cannabis business, applicant must first obtain a certification from the City of National City Community Development Department or its designee(s) certifying that the business is located on a site that m eets all of the requirements of Sections 9.60.070 and 9.60.230 of this Chapter.

Section 9.60.150. Right to Occupy and to Use Property.

Prior to submitting any applications for a commercial cannabis business, applicant must obtain approval from the owner of the real property where the proposed commercial cannabis business will be located ( if approved). Applicants are not required to have a signed lease, but a letter from the property owner indicating that:

(a) The property owner is aware of and approves of the use being proposed.

(b) The property owner will lease the property to the cannabis related use upon approval of the application.

(c) The property owner understands that licenses for cannabis related uses are for one year and can be revoked at the City of National City ’s sole discretion with or without reason.

Property owners are permitted to issue letters detailing such contingent lease agreements for a maximum of two (2) independent applicants.

In the event the proposed location will be leased from the property owner, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this Chapter and consents to the operation of the commercial cannabis business on the owner’s property.

Section 9.60.160. Application Procedure for a Cannabis Business Permit.

(a) The City of National City will establish by administrative policies and procedures promulgated by the City Manager or their designee the procedures to prepare the necessary forms, adopt any necessary rules related to the application process, solicit applications, and conduct initial evaluations of the applicants.

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(b) At the time of filing, each applicant shall pay an application fee established by resolution of the City Council, to cover all costs incurred by the City of National City in the application process.

(c) The application procedure process shall include a component on community benefits. Any community benefits that a commercial cannabis business agrees to provide shall be incorporated into the terms and conditions under which the commercial cannabis business will operate with the City of National City’s approval, if and when a Development Agreement is issued. Such terms and conditions shall be in addition to the requirements of this C hapter. The City of National City may establish the procedures for determining community benefits by Resolution and/or by the implementation of administrative policies and procedures promulgated by the City Manager or their designee.

(d) The City of National City’s Reservation of Rights.

The City of National City reserves the right to reject any or all applications.

Prior to permit issuance, t he City of National City may also modify, postpone, or cancel any request for applications , or the entire program under this Chapter, at any time without liability, obligation, or commitment to any party, firm, or organization, to the ex tent permitted under California state law. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this Chapter, may be cancelled at any time prior to permit issuance. The City of National City further reserves the right to request and obtain additional information from any candidate submitting an application.

(e) Grounds for Rejection of Application.

In addition to a failure to comply with other requirements in this Chapter, an application risks being rejected for any of the following reasons:

(1) The application was received after the designated time and date of the deadline.

(2) The application did not contain the required elements, exhibits, or was not organized in the required format.

(3) The application was considered not fully responsive to the request for a permit application, i.e. was substantially incomplete.

Section 9.60.180. Operations Plan and Standards.
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A Certificate of Approval issued by the Planning Division of the National City Community Development Department for a facility must include, as conditions of approval, the operating standards set forth below. In addition, the Certificate of Approval must incorporate by reference an Operations Plan approved by the City Manager or their designee, that implements not only the operating standards set forth in this Chapter , but such additional cond itions that the City Manager or their designee finds reasonably necessary to implement this Chapter when considering the location, size and other characteristics of the proposed facility.

Section 9.60.190. Limitations on City’s Liability.

To the fullest extent permitted by law, t he City of National City shall not assume any liability whatsoever with respect to having issued a commercial cannabis business permit pursuant to this Chapter or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any commercial cannabis business permit, the applicant shall be required to meet all of the following conditions before they can receive the commercial cannabis business permit:

(a) Execute an agreement, in a form approved by the City Attorney or their designee, agreeing to indemnify, defend (at applicant’s sole cost and expense), and hold t he City of National City , and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City of National City ’s issuance of the commercial cannabis business permit, the City of National City’s decision to approve the operation of the commercial cannabis business or activity, the process used by the City of National City in making its decision, or the alleged violation of any federal, state or local laws by the commercial cannabis business or any of its officers, employees or agents.

(b) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City Manager, City Attorney, and the City’s Risk Manager or their designee.

(c) Reimburse the City of National City for all costs and expenses, including but not limited to legal fees and costs and court costs, which t he City of National City may be required to pay as a r esult of any legal challenge related to the City of National City’s approval of the applicant’s commercial cannabis business permit, or related to the City of National City’s approval of a commercial cannabis activity. The City of National City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder.

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Section 9.60.200. Restriction on Alcohol & Tobacco Sales.

(a) No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on or about the premises of the commercial cannabis business.

(b) No person shall cause or permit the sale of tobacco products on or about the premises of the commercial cannabis business.

Section 9.60.225. Restriction on Consumption of Cannabis or other Substances.

No person shall consume cannabis, cannabis products, tobacco or alcohol on the premises of any commercial cannabis business . The sole exception shall be authorized cannabis consumption lounges of which tobacco and alcohol shall also be prohibited.

Section 9.60.230. General Operating Requirements for all Commercial Cannabis Businesses.

(a) Commercial cannabis businesses may operate only during the hours specified in the commercial cannabis business permit issued by the City .

No person under the age of twenty -one (21) shall operate, maintain, be employed at, or be issued a permit for, a commercial cannabis business of any kind.

(b) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a commercial cannabis business permit, or on any of the vehicles owned or used as part of the commercial cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time.

(c) Reporting and Tracking of Product and of Gross Sales with an accounting software system capable of providing point of sale data as well as audit trails or both product and cash, where applicable. Each commercial cannabis business shall have in place a point -of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City of National City. The commercial cannabis business shall ensure that such information is compatible with the City of National City ’s record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be 318 of 452
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approved and authorized by the City Manager or their designee prior to being used by the permittee.

(d) All cannabis and cannabis products sold, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the State and local regulations.

(e) Emergency Contact. Each commercial cannabis business shall provide the City Manager or their designee with the name, telephone number (both land line and mobile, if available) of an on- site employee or owner to whom emergency notice can be provided at any hour of the day.

(f) Signage and Notices.

(1) In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis business shall conform to the requirements of the City of National City ordinance, Chapter 18.47, including, but not limited to, seeking the issuance of a City of National City sign permit.

(2) No signs placed on the premises of a commercial cannabis business shall obstruct any entrance or exit to the building or any window.

(3) Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited. This provision shall not apply to consumption lounges (see Section 9.60.265).

(4) Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way.

(5) Signage shall not depict any image of cannabis or cannabis products. No banners, flags, billboards or other prohibited signs may be used at any time.

(6) In accordance with state law and regulations or as stipulated in t he City of National City regulatory permit, h olders of a commercial cannabis business permit shall agree that, as an express and 319 of 452
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ongoing condition of permit issuance and subsequent renewal, the holder of the permit shall be prohibited from advertising any commercial cannabis business located in the City of National City utilizing a billboard (fixed or mobile), bus shelter, placard, aircraft, or other similar forms of advertising. This paragraph is not intended to place limitations on the ability of a commercial cannabis business to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways.

(g) Minors.

(1) Persons under the age of twenty-one (21) years shall not be allowed on the premises of a commercial cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this Chapter for any person to employ any person at a commercial cannabis business who is not at least twenty- one (21) years of age.

(2) Notwithstanding Section 9.60.230(g)(1), persons aged eighteen (18) to twenty ( 20) years shall be allowed on the premises of a commercial cannabis business if they can produce a physician’s recommendation. In that event, such persons can lawfully purchase cannabis for the sole purpose of addressing the medical need that is the subject of the physician’s recommendation. This provision shall not apply to consumption lounges. Only persons twenty-one (21) and older shall be granted admittance to consumption lounges. Access to persons under twenty-one (21) is prohibited.

(3) The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the commercial cannabis business.

(h) Odor Control. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off -site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaus t system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and 320 of 452
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maintain the following equipment, or any other equipment which the City Manager or their designee determine is a more effective method or technology:

(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;

(2) An air system that creates negative air pressure between the commercial cannabis business’s interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.

(i) Display of Permit and City Business License. The original copy of the commercial cannabis business permit and the business license issued by the City of National City pursuant to this Chapter shall be posted inside the commercial cannabis business in a location readily visible to the public.

(j) Background Check.

Pursuant to California Penal Code Sections
11105(b)(11) and 13300(b)(11), which authorizes City of National City authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, manager, supervisor, and any individual who will be participating in the direction, control, or management in a commercial cannabis business must submit fingerprints and other information deemed necessary by the City Manager or their designee for a background check by the City of National City Police Department . Pursuant to California Penal Sections 11105(b)(11) and 13300(b)(11), which requires that there be a requirement or exclusion from employment, licensing or certification based on specific criminal conduct on the part of the subject of the record.

No person shall be issued a permit to operate a commercial cannabis business unless they have first cleared the background check, as determined by the City Manager or their designee, as required by this section. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorize city authorities to access state and local criminal history information for employment, licensing, or certification purposes, every applicant must undergo a criminal history background check to demonstrate they do not provide “good cause” for denial as outlined in Section 9.60.110. A fee for the cost of the background investigation, which shall be the actual cost to the City of National City to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a commercial cannabis business permit is submitted. Evidence of a conviction of any of 321 of 452
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the offenses enumerated in Business and Professions Code Section 26057(b)(4), absent a Certificate of Rehabilitation, shall be grounds for immediate disqualification of the applicant.

(k) Loitering. The owner and/or operator of a commercial cannabis business shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises. The cannabis business shall notify the National City Police Department if anyone continues to loiter around the building or premises after all reasonable action has been taken to remove the individual(s) and the action has failed to do so in a timely manner.

(l) Employee Training and Customer Education. Each commercial cannabis operator shall establish minimum training standards for all employees , including but not limited to the variety of products offered for sale, their potency, absorption time if known, and effects of the products. Employees shall educate all customers on these items in an effort to ensure responsible consumption. The retailer shall provide with each purchase educational brochures containing this information. The City Manager, or their designee shall have the discretion to require other training for the business operations as they find necessary under any circumstances.

(m) Security Requirements. A permitted commercial cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis busines s. Except as may otherwise be determined by the City Manager , or their designee, these security measures shall include, but may not be limited to, all of the following:

(1) Alarm system (perimeter, fire, and panic buttons).

(2) Remote monitoring of alarm systems by a security
company licensed by the State of California Bureau of
Security and Investigative Services.

(3) Perimeter lighting systems (including motion sensors) for after-hours security.

(4) Perimeter security and lightning as approved by the City Manager or their designee.

(5) Preventing individuals from remaining on the premises of the commercial cannabis business if they are not engaged in an activity directly related to the permitted operations of the commercial cannabis business.
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(6) Establishing limited access areas accessible only to authorized commercial cannabis business personnel.

(7) Except for live growing plants which are being cultivated at a cultivation operation, all cannabis and cannabis products shall be stored in a secured and locked vault or vault
equivalent. All safes and vaults shall be compliant with Underwriter Laboratories burglary-resistant and fire-resistant standards. All cannabis and cannabis products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.

(8) Installing 24-hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces within the commercial cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur.

All cameras shall record in color. All exterior cameras shall be in weather -proof enc losures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. Video recordings shall be maintained for a
minimum of ninety (90) days and shall be made available to the City Manager or their designee upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis business and shall be capable of enlargement via projection or other means.

(9) Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of
Security and Investigative Services.

(10) Panic buttons shall be installed in all commercial cannabis businesses with direct notification to the National City Police Department dispatch and shall be configured to immediately alert dispatch for the National City Police Department.

(11) Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the 323 of 452
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interior of the building in compliance with all federal, state and local laws.

(12) Security personnel shall be on- site 24 hours a day or alternative security as authorized by the City Manager or their designee and must have a verified response security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Manager, or their designee, with such approval not to be unreasonably withheld. Firearms may be carried by security personnel while they are on duty, if permitted by the San Diego County Sheriff’s Department and authorized by the Chief of Police.

(13) Each commercial cannabis business shall have the
capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.

(14) Entrance areas are to be locked at all times and under the control of a designated responsible party that is either; (a) an employee of the commercial cannabis business; or (b) a licensed security professional.

(15) Each commercial cannabis business shall demonstrate to the City Manager or their designee, compliance with the state’s track and trace system for cannabis and cannabis products, as soon as it is operational.

(16) Each commercial cannabis business shall have a
professionally installed video surveillance system, access control and intrusion alarm systems designed to protect the inventory, facility, and employees. Each business shall have network security protocols that are certified by Underwriters Laboratories.

(17) Exterior vegetation shall be planted, altered and
maintained in a fashion that precludes its use as a hiding place for persons on the premises.

(18) Emergency access and emergency evacuation plans
that are in compliance with state and local fire safety standards.
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(19) Each commercial cannabis business shall identify a designated security representative/liaison to the City of National City, who shall be reasonably available to meet with the City Manager or their designee regarding any security related measures or and operational issues. The designated security representative/liaison shall, on behalf of the commercial cannabis business, annually maintain a copy of the current security plan on the premises of the business, to present to the City Manager or their designee upon request that meets the requirements of Section 9.60.230(m).

(20) As part of the application and permitting process each commercial cannabis business shall have a storage
and transportation plan, which describes in detail the
procedures for safely and securely storing and transporting all cannabis, cannabis products, any hazardous materials that may be used by the business, and any currency.

(21) The commercial cannabis business shall cooperate
with the City of National City whenever the City Manager or their designee makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter.

(22) A commercial cannabis business shall notify the City Manager or their designee within twenty -four (24) hours of discovering any of the following:

(a) Significant discrepancies identified during
inventory. The level of significance shall be
determined by the regulations promulgated by
the City Manager or their designee.

(b) Diversion, theft, loss, or any criminal activity
involving the commercial cannabis business or
any agent or employee of the commercial
cannabis business.

(c) The loss or unauthorized alteration of records
related to cannabis, customers or employees or
agents of the commercial cannabis business.

(d) Any other breach of security.

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(23) Compliance with the foregoing requirements shall be verified by the C ity Manager or their designee prior to commencing business operations. The City Manager or their designee may supplement these security requirements once operations begin, subject to review by the C ity Manager or their designee if requested by the business owner.

(24) Retailers and microbusinesses authorized to conduct retail activities shall only serve customers who are within the licensed premises, or at a delivery address that meets the requirements of this division.

(1) The sale and delivery of cannabis goods shall
not occur through a pass -through window or a
slide-out tray to the exterior of the premises.

(2) Retailers or microbusinesses shall not operate
as or with a drive- in or drive- through at which
cannabis goods are sold to persons within or
about a motor vehicle.

(3) No cannabis goods shall be sold and/or
delivered by any means or method to any
person within a motor vehicle.

(4) All cannabis goods sold by a retail business
shall be contained in child-resistant packaging.

(5) Retailers shall record point -of-sale areas and
areas where cannabis goods are displayed for
sale on the video surveillance system. At each
point-of-sale location, camera placement must
allow for the recording of the facial features of
any person purchasing or selling cannabis
goods, or any person in the retail area, with
sufficient clarity to determine identity. A retail
licensee or microbus iness licensee who is
engaged in retail sale shall hire or contract for
security personnel who are at least twenty -one
(21) years of age to provide security services for
the licensed retail premises. All security
personnel hired or contracted for by the licensee
shall be licensed by the Bureau of Security and
Investigative Services and shall comply with
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Chapters 11.4 and 11.5 of Division 3 of the
Business and Professions Code.
(n) Records and Recordkeeping.

(1) Each owner and operator of a commercial cannabis business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a commercial cannabis business permit issued pursuant to this Chapter), or at any time upon reasonable request of the City of National City , each commercial cannabis business shall file a sworn statement detailing the number of sales by the co mmercial cannabis business during the previous twelve (12) month period (or shorter period based upon the timing of the request), provided on a per -month basis.

The statement shall also include gross sales for each month, and all applicable taxes and fees paid or due to be paid. On an annual basis, each owner and operator shall submit to the City a financial audit of the business’s operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory complianc e review and financial audit as determined by the City Manager or their designee(s).

(2) Each owner and operator of a commercial cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the commercial cannabis business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the commercial cannabis business. The register required by this paragraph shall be provided to the City Manager or their designee(s) upon a reasonable request.

(3) If an applicant operated a cannabis collective, cooperative, or other business prior to the enactment of MAUCRSA, then once a state license is obtained, the commercial cannabis business must maintain such records only to the extent permitted or required by MAUCRSA.

(4) All commercial cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing and distribution processes until purchase as set forth MAUCRSA.

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(5) Each commercial cannabis business shall allow the City of National City officials to have access to the business’s books, records, accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of conducting an audit or examination at any time during the business’s business hours. If not otherwise available, books, records, accounts, and any and all relevant data or documents will be produced no later than twenty-four (24) hours after receipt of the City’s request, unless otherwise stipulated by the City.

The City may require the materials to be submitted in an electronic format that is compatible with the City’s software and hardware.

Section 9.60.240. Amendments to General Operating Requirements.

The City Manager or their designee may develop other commercial cannabis business operational requirements or regulations as are determined to be necessary to protect the public health, safety and welfare.

Section 9.60.250. Additional Operating Requirements for Store Front Retail Facilities.

(a) Retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of eighteen (18) years . If the potential customer is eighteen (18) to twenty ( 20) years old, retailer shall confirm the customer’s possession of a valid doctor's recommendation and/or Health and Safety Code Section 11362.71 identification card (Medical Cannabis Card). For adult use or recreational purchases, retailers shall verify that all customers are twenty-one (21) years of age or older for the purchase of cannabis or cannabis products.

(1) Access to the premises of a retail licensee/permittee shall be limited to individuals who are at least twenty-one (21) years of age.

(2) Notwithstanding Section 9.60.250 (a)(1), individuals who are at least eighteen (18) years of age and in possession of a valid physician’s recommendation shall be granted access to the premises of a retail licensee/permittee for the sole purpose of purchasi ng medicinal cannabis consistent with the physician’s recommendation.

(3) All i ndividuals seeking access to the commercial cannabis retail business must show their government-issued identification, and, i f appropriate, doctor’s recommendation of Medical Cannabis card, in order to gain access into the retailer. These documents must also be shown at the point of sale station at the time of purchase.

Doctor
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recommendations are not to be obtained or provided at the retail location.

(b) Entrances into the retailer shall be locked at all times with entry strictly controlled. A "buzz -in" electronic/mechanical entry system shall be utilized to limit access to and entry to the retailer to separate it from the reception/lobby area.

(c) Retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on-site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.

(d) All restroom facilities shall remain locked and under the control of management.

(e) Limited Access Areas. A retailer shall establish limited- access areas and permit only authorized individuals to enter the limited-access areas. Authorized individuals include individuals employed by the retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least twenty-one (21) years of age, and if not employed by the retailer, shall be escorted at all times by an employee of the licensee/permittee. A retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the City Manager or their designee upon request. (f) Microbusiness – Commercial Activity. All cultivation, manufacturing, distribution, and retail activities performed by a licensee under a Type 12- Microbusiness permit shall occur on the same licensed premises. Areas of the premises for manufacturing and cultivation shall be separated from the distribution and retail areas by a wall and all doors between the areas shall remain closed when not in use.
(g) Operating hours of the Store Front Retailer License shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.

(h) Store Front/Retail Security Requirements. All provisions incorporat ed within Section 9.60.230(m) of this Chapter (Security Requirements ), are directly applicable to and binding on all commercial cannabis businesses, including all Store Front/Retail businesses. Uniformed licensed security personnel shall be employed to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities. Security personnel may be allowed to carry firearms if permitted by San Diego County Sheriff’s Department and authorized by the Chief of Police.

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Section 9.60.260. Additional Operating Requirements for Non- Store Front Retail Facilities.

All Store Front Retailers, Non-Store Front Retailers (delivery) and Microbusinesses which conduct deliveries into or within the City of National City shall be required to obtain a delivery permit from the City of National City in order to conduct retail sales regardless if they are located in the City or another local jurisdiction.

(a) Operating hours of the Non-Store Front Retailer License shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.

(b) The commercial Non -Store Front Retailer shall only sell cannabis or cannabis products to a natural person twenty-one (21) years of age or older, or a natural person eighteen (18) years of age or older who possesses a physician’s recommendation for cannabis medical use only. The age and/or any necessary documentation including a valid doctor’s recommendation of each medical customer shall be verified. Doctor recommendations are not to be obtained or provided at the retail location.

(c) The commercial cannabis Non- Store Front Retailer may only have on- site that quantity of cannabis and cannabis products reasonably anticipated to meet the weekly demand for which they may need to be readily available for sale.

Section 9.60.265. Operating Requirements for Consumption Lounges.

(a) Any consumption lounge operating within the City of National City must be contained within the premises of a state- licensed retail business or microbusiness, must be locally permitted pursuant to Section 9.60.140, must meet the other requirements of this Chapter, and must be compliant with the following additional requirements:

(1) Access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age or older.

(2) Cannabis consumption is not visible from any public place or non- age- restricted area.

(3) Sale or consumption of alcohol or tobacco is not allowed on the premises.

(4) Patrons cannot bring cannabis, tobacco or alcohol or other substances into the consumption lounge – they ca n only consume whatever cannabis they purchase on site.
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(b) An applicant must obtain a secondary on- site consumption permit in order for cannabis to be consumed on the premises of an adult-use retail business and shall comply with the following

(1) Cannabis consumption areas shall be well ventilated private areas of the retail establishment and are designed to prevent the flow of smoke to any other area of the establishment.

(c) A commercial cannabis retail business with a retail lounge on its premises shall adopt procedures ensuring that its customers may only gain access to the lounge once they have purchased a product or products from the retail business.

(d) The on-site sale of food is permitted. A Permittee shall comply with laws governing Cannabis Businesses and retail food establishments, including but not limited to the California Retail Food Code.

(e) The owner/operator of the consumption lounge shall be responsible f or maintaining dedicated and sufficient staff during operating hours to verify the identity and age of all patrons seeking admittance to the lounge.

Persons under twenty-one (21) shall be denied entry without exception.

(f) The owner/operator of the consumption lounge shall be responsible for ensuring that a state- licensed security guard is on duty during operating hours.

(g) The City Manager or his/or designee shall establish conditions for approval for each onsite consumption permit including but not limited to a parking plan, ventilation plan, anti-drugged driving plan, design plan, and set hours of operation. Set hours of operation may only be adjusted by submitting a written request to and obtaining approval from city.

(h) Cannabis consumption areas shall only provide cannabis to an individual in an amount consistent with personal possession and use limits allowed by the state.

Section 9.60.270. In-City Delivery Vehicle Requirements.

Prior to commencing delivery operations, any locally permitted cannabis retail operation shall provide the following information to the City of National City:

(a) Proof of ownership of the vehicle or a valid lease for all vehicles that will be used to deliver cannabis or cannabis products.
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(b) The year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for all vehicles that will be used to deliver cannabis goods.

(c) Proof of insurance as required in Section 9.60.210(b) for any and all vehicles being used to deliver cannabis goods.

(d) The licensee shall provide the City with any changes to the information required by this section in writing within thirty (30) calendar days.

Section 9.60.275. Out-of-City Delivery Vehicle Requirements.

Prior to commencing operations, a cannabis out of City of National City delivery service shall comply with the following requirements:

(a) Obtain from the City a permit authorizing the delivery of cannabis and cannabis products within the City limits. A copy of this permit shall be retained by all drivers.

(b) The retail business operating the delivery service shall provide the City Manager or their designee, with evidence of a valid state license for a commercial cannabis business on whose authorization the delivery service is performing the delivery function.

(c) The retail business operating the delivery service shall furnish to the City Manager or their designee, the year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods.

Section 9.60.280. Additional Operating Requirements for a Cultivation Facili ty Operation.

(a) Outdoor Commercial Cultivation is prohibited.

(b) In no case, shall cannabis plants be visible from a public or private road, sidewalk, park or any common public viewing area.

(c) Cannabis cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electri city, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters.

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(d) Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife.

(e) The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the empl oyees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.

(f) All applicants for a cannabis cultivation permit shall submit to the following in addition to the information generally otherwise required for a commercial cannabis business:

(1) A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting.

(2) A description of a legal water source, irrigation plan, and projected water use.

(3) Identification of the source of electrical power and plan for compliance with applicable Building Codes and related codes.

(4) Plan for addressing odor and other public nuisances that may derive from the cultivation site.

Section 9.60.290. Additional Operating Requirements for Distributors.

(a) A distributor shall not store non- cannabis goods or non- cannabis accessories that are to be sold to another party on any licensed premises.

Additionally, a distributor shall not distribute non- cannabis goods or non- cannabis accessories at a licensed premise. For the purposes of this section, non-cannabis goods are any goods that do not meet the definition of cannabis goods as defined in Title 16, Section 5000(c) of the California Code of Regulations.

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(b) After taking physical possession of a cannabis goods batch, the distributor shall contact a testing laboratory and arrange for a laboratory employee to come to the distributor’s licensed premises to select a representative sample for laboratory testing.

(c) A distributor shall ensure that all cannabis goods are stored separately and distinctly from other cannabis goods on the distributor’s premises.

(d) The distributor shall ensure that the batch size from which the sample is taken meets the requirements of state law, specifically the testing provisions within the California Code of Regulations.

(e) A distributor or an employee of the distributor shall be physically present to observe the laboratory employee obtain the sample of cannabis goods for testing and shall ensure that the increments are taken from throughout the batch. The sampling shall be video- recorded, and the recording kept available to state and local authorities for a minimum of one hundred eighty (180) days, pursuant to Title 16, Section 5305 of the California Code of Regulations.
(f) A distributor shall not transport cannabis or cannabis products to a licensed retail facility until and unless it has verified that the cannabis or cannabis products have been tested and certified by a testing lab as being in compliance with state health and safety requirements pursuant to Title 16, Sections 5705, 5710 and 5714 of the California Code of Regulations.

Section 9.60.300. Additional Operating Requirements for Testing Labs.

(a) Testing Labs shall be required to conduct all testing in a manner pursuant to Business and Professions Code Section 26100 and shall be subject to state and local law. Each Testing Lab shall be subject to additional regulations as determined from time to time as more regulations are developed under this Chapter and any subsequent State of California legislation regarding the same.

(b) Testing Labs shall conduct all testing in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling using verified methods.

(c) All cannabis testing laboratories performing testing shall obtain and maintain ISO/IEC 17025 accreditation as required by the Bureau of Cannabis Control.

(d) Testing labs shall destroy any harvest batch whose testing sample indicates noncompliance with health and safety standards required by the bureau 334 of 452
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unless remedial measures can bring the cannabis or cannabis products into compliance with quality standards as specified by law and implemented by the bureau.

(e) Each operator shall ensure that a testing laboratory employee takes the sample of cannabis or cannabis products from the distributor’s premises for testing required by state law and that the testing laborat ory employee transports the sample to the testing laboratory.

(f) Except as provided by state law, a testing laboratory shall not acquire or receive cannabis or cannabis products except from a licensee in accordance with state law, and shall not distribute, sell, or dispense cannabis, or cannabis products, from the licensed premises from which the cannabis or cannabis products were acquired or received. All transfer or transportation shall be performed pursuant to a specified chain of custody protocol.

(g) A testing laboratory may receive and test samples of cannabis or cannabis products from a qualified patient or primary caregiver only if the qualified patient or primary caregiver presents the qualified patient’s valid physician’s recommendation for cannabis for medicinal purpose. A testing lab shall not certify samples from a qualified patient or primary caregiver for resale or transfer to another party or licensee. All tests performed by a testing laboratory for a qualified patient or primary caregiver shall be recorded with the name of the qualified patient or primary caregiver and the amount of the cannabis or cannabis products received.

Section 9.60.310. Additional Operating Requirements for Cannabis Manufacturing:

Edibles and Other Cannabis Products; Sale or Distribution of Edible and Other Cannabis Products.

Cannabis manufacturing shall only be permitted pursuant to state law, this chapter and or any subsequently created manufacturing state license as defined in MAUCRSA, and may be permitted to operate only within those zone districts as defined in Section

9.60.070 of this Chapter and Section 18.20.020 of the City of National City Municipal Code.

Any compressed gases used in the manufacturing process shall not be stored on any property within the City of National City in containers that exceeds the amount which is approved by the National City Fire Department and authorized by the regulatory permit.

Each site or parcel subject to a commercial cannabis business permit shall be limited to a total number of tanks as authorized by the National City Fire Department on the property at any time. Additional operating requirements include:

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(a) Cannabis manufacturing facilities may use heat, screens, presses, steam distillation, ice water, ethanol and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts.

(b) If an extraction process uses a professional grade closed loop CO ₂ gas extraction system every vessel must be certified by the manufacturer for its safe use as referenced in Section 9.60.310 (f). The CO₂ must be of at least ninety-nine percent purity.
(c) Closed loop systems for compressed gas extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number.

(d) Certification from an engineer licensed by the State of California , or by a certified industrial hygienist, must be provided to the Community Development Department for a professional grade closed loop system used by any commercial cannabis manufacturing manufacturer to certify that the system was commercially manufactured, i s safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices, including but not limited to:

(1) The American Society of Mechanical Engineers (ASME);

(2) American National Standards Institute (ANSI);

(3) Underwriters Laboratories (UL); or

(4) The American Society for Testing and Materials (ASTM)

(e) The certification document must contain the signature and stamp of the professional engineer or industrial hygienist and serial number of the extraction unit being certified.

(f) Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the Fire Department and meet any required fire, safety, and building code requirements specified in the California Building Reference Codes. (g) Cannabis Manufacturing Facilities may use food grade glycerin, ethanol, and propylene glycol solvents to create or refine extracts. Ethanol should be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere.
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(h) Cannabis Manufacturing Facilities creating cannabis extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace. (i) Any person using solvents or gases in a closed looped system to create cannabis extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets and handle and store the solvents and gases safely.

(j) Parts per million for one gram of finished extract cannot exceed state standards for any residual solvent or gas when quality assurance tested.

Section 9.60.320. Additional Operating Requirements for a Microbusiness- Cultivation Facility.

Microbusinesses shall comply with all local operating requirements under this C hapter and all requirements imposed by state law that apply to the specific activities operating under the umbrella of the individual microbusiness.

(a) Outdoor Commercial Cultivation is prohibited.

(b) In no case, shall cannabis plants be visible from a public or private road, sidewalk, park or any common public viewing area.

(c) Commercial cannabis cultivation which is permitted in the City of National City shall not exceed 10,000 square feet of canopy space permitted by state law as part of a microbusiness license.

(d) Cannabis cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electri city, water usage, wat er quality, woodland and riparian habitat protection, agricultural discharges, and similar matters.

(e) Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife.

(f) The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure 337 of 452
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the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.

(g) All applican ts for a microbusiness permit which includes cannabis cultivation shall submit to the following in addition to the information generally otherwise required for a commercial cannabis business:

(1) A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting.

(2) A description of a legal water source, irrigation pl an, and projected water use.

(3) Identification of the source of electrical power and plan for compliance with applicable Building Codes and related codes.

(4) Plan for addressing odor and other public nuisances that may derive from the cultivation site.

Section 9.60.330. Permissible Delivery Locations and Customers.

All retail businesses conducting cannabis delivery operations within the City of National City are subject to the following requirements:
(a) A licensed cannabis business shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency.
(b) A licensed cannabis business shall comply with all requirements of state and local law pertaining to the cannabis permit and all subsequent policies, procedures and regulations which may be amended by the City Manager from time to in order to enforce this Chapter.

(c) Any kiosk, i-Pad, tablet, smartphone, fixed location or technology platform, whether manned or unmanned, other than a retail location permitted by the city, that facilitates, directs, or assists the retail sale or delivery of cannabis or cannabis products is prohibited and shall be a violation of this Chapter.

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Section 9.60.340. Expiration of Commercial Cannabis Business Permits.

Each commercial cannabis business permit issued pursuant to this Chapter shall expire twelve (12) months after the date of its issuance. Commercial cannabis permits may be renewed as provided in Section 9.60.350.

Section 9.60.350. Renewal of Cannabis Business Permits.

(a) An application for renewal of a commercial cannabis business permit shall be filed at least sixty (60) calendar days prior to the expiration date of the current permit.

(b) The renewal application shall contain all the information required for new applications.

(c) The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the City of National City to administer the program created under this Chapter.

(d) An application for renewal of a commercial cannabis business permit shall be rejected if any of the following exists:

(1) The application is filed less than sixty (60) days before its expiration.

(2) The commercial cannabis business permit is suspended or revoked at the time of the application.

(3) The commercial cannabis business has not been in regular and continuous operation in the four (4) months prior to the renewal application.

(4) The commercial cannabis business has failed to con form to the requirements of this Chapter, or of any regulations adopted pursuant to this Chapter, or is in violation of any other state or local laws and regulations.

(5) The permittee fails or is unable to renew its State of California license.

(6) If the state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of the state rules and regulations, and the state has determined that the violation 339 of 452
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is grounds for termination or revocation of the commercial cannabis business permit.

(e) The City Manager or their designee is authorized to make all decisions concerning the issuance of a renewal permit . In making the decision, the City Manager or their designee is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. Appeals from the decision of the City Manager or their designee shall be handled pursuant to Sections 9.60.380 through 9.60.400.

(f) If a renewal application is rejected, a person may file a new application pursuant to this Chapter no sooner than one (1) year from the date of the rejection.

Section 9.60.360. Revocation or Suspension of Permits.

Commercial cannabis business permits may be revoked or suspended for any violation of any relevant law and/or any rule, regulation and/or standard adopted pursuant to this Chapter, including any amendments to those standards, or pursuant to any policy, procedure or regulation in this Chapter or in the National City Municipal Code.

Section 9.60.370. Effect of State License Suspension, Revocation, or Termination.

Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a commercial cannabis business to operate within the City of National City , until the State of California, or its respective department or division, reinstates or reissues the State license. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a commercial cannabis business, such revocation or termination shall also revoke or terminate the ability of a commercial cannabis business to operate within the City of National City. A c annabis business owner wishing to recommence operations shall re- apply for a local permit at such time as it can demonstrate that the grounds for revocation of the license by the state no longer exist, or that the underlying deficiency has otherwise been cured.

Section 9.60.380. Appeals.

Unless specifically provided elsewhere to the contrary, whenever an appeal is provided for in this Chapter from a decision of the City Manager or their designee, the appeal shall be conducted as prescribed in this Chapter.

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Section 9.60.390. Written Request for Appeal.

(a) Within ten (10) calendar days after the date of a decision of the City Manager or their designee(s) to revoke, suspend or deny a permit, or to add conditions to a permit , an applicant may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper. Reasons shall be stated with specificity.

(b) At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the City Council.

Section 9.60.400. Appeal Hearing Process.

(a) Upon receipt of the written appeal, the City Clerk shall schedule the matter for a hearing before a hearing officer.

(b) The appeal shall be set within a reasonable time after the date of receipt of the written appeal, but in no event shall be set later than thirty (30) City of National City working days from the date of the receipt of the written appeal.

The hearing shall be held no later than ninety (90) City of National City working days from the date of the receipt of the written appeal. The City shall notify the appellant of the time and location at least ten (10) days prior to the date of the hearing. The appellant can waive the right to have their appeal set no later than thirty (30) City of National City working days and/or held no later than ninety (90) City of National City working days from the date of the receipt of the written appeal.

(c) At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing. The applicant may have the assistance of counsel or may appear by counsel.

(d) After the City Manager or their designee has presented the statement of facts upon which the determination was made, the burden to show that the action taken by the City Manager or their designee was not based on substantial evidence, or was arbitrary, capricious, or unjustified shall b e upon the appealing party.

(e) If the applicant, or counsel representing the applicant, fails to appear at the hearing, the appeal is abandoned and the action of the City Manager or their designee is final.

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(f) The hearing officer may uphold the denial, suspension, or revocation, may allow that which has been denied, reinstate that which has been suspended or revoked, reverse or modify any other decision of the City Manager or their designee that is the subject of the appeal.

(g) If the decision of the hearing officer is to deny the appeal, then that decision shall be final and conclusive and shall constitute the exhaustion of the administrative remedy.

(h) A copy of the written decision of the hearing officer specifying findings of fact and the reasons for the decision shall be given to the applicant or the designated representative and the City Manager or their designee within thirty (30) calendar days of the hearing. If the hearing officer determines the complexity of the case required additional time in which to render a decision, the time in which to render the decision is automatically extended another thirty (30) calendar days. Service of the decision shall govern the commencement of any period of limitation for judicial review under Code of Civil Procedure Section 1094.6 or 1084.8, whichever is applicable.

Section 9.60.420. Transfer of Cannabis Business Permit. (a) The owner of a cannabis business permit shall not transfer ownership or control of the permit, within the first year of obtaining said permit, to another person or entity unless and until the transferee obtains an amendment to the permit from the City Manager or their designee stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Manager or their designee in accordance with all provisions of this Chapter (as though the transferee were applying for an original cannabis business permit) . The proposed transferee’s application shall be accompanied by a transfer fee in an amount set by resolution of the City Council (or if not set, shall be the same amount as the application fee) and an acknowledgment that any labor agreements in existence at the time of transfer will be upheld by transferee.

(b) The City Manager or their designee shall conduct a hearing to determine whether the transferee passed the background check required for permittees and meets all other requirements of this Chapter.

(c) Commercial cannabis business permits issued through the grant of a transfer by the City Manager or their designee shall be valid for a period of one year beginning on the day the City Manager or their designee approves the transfer of the permit. Before t he transferee’s permit expires, the transferee shall apply for a renewal permit in the manner required by this Chapter.
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(d) Changes in ownership of a permittee’s business structure or a substantial change in the ownership of a permittee business entity (changes that result in a change of more than 25% of the original ownership), must be approved by the City Manager or their designee through the transfer process contained in this subsection (a). Failure to comply with this provision is grounds for permit revocation.

(e) A permittee may change the form of business entity without applying to the City Manager or their designee for a transfer of permit, provided that either:

1. The membership of the new business entity is substantially similar to original permit holder business entity (at least 25% of the membership is identical), or

Although a transfer is not required in this circumstance, the permit holder is required to notify the City Manager or their designee in writing of the change within ten (10) days of the change. Failure to comply with this provision is grounds for permit revocation.

(f) No commercial cannabis business permit may be transferred when the City Manager or their designee has notified the permittee that the permit has been or may be suspended or revoked.

(g) Any attempt to transfer a commercial cannabis business permit either directly or indirectly in violation of this section is hereby declared void, and such a purported transfer shall be deemed a ground for revocation of the permit.

Section 9.60.430. Change in Location; Updated Permit Application.

(a) Any time the dispensing, cultivation, manufacturing, transportation and distribution location specified in the regulatory permit is changed, the applicant shall re -file a permit application with the City Manager or their designee(s) containing the updated information. The process and the fees for this re-registration shall be the same as the process and fees set forth for registration in Sections 9.60.420(c) and 9.60.160.

(b) Within fifteen (15) calendar days of any other change in the information provided in the permit application form or any change in status of compliance with the provisions of this Chapter, including any change in the commercial cannabis business ownership or management members, the applicant shall file an updated permit applicati on form with the City Manager or their designee(s) for review along with a application 343 of 452
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amendment fee, as set forth in Sections 9.60.420(c) and 9.60.160).

Section 9.60.440. Promulgation of Regulations, Standards and Other Legal Duties.

(a) In addition to any regulations adopted by the City Council, the City Manager or their designee is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of commercial cannabis business permits, the ongoing operation of commercial cannabis businesses and the City’s oversight, or concerning any other subject determined to be necessary to carry out the purposes of this Chapter.

(b) Regulations will be published on the City’s website.

(c) Regulations promulgated by the City Manager shall become effective upon date of publication. Commercial cannabis businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager or their designee.

(d) Testing Labs, Distribution facilities , Out of City Delivery Services and Special Events shall be subject to state law and shall be subject to additional City regulations as determined from time to time as more regulations are developed under Section 9.60.020 of this Chapter and any subsequent State of California legislation regarding the same.

Section 9.60.450. Community Relations.

(a) Each facility must provide the C ity Manager or designee with the name, telephone number, and email address of an on-site community relations or staff person or other representative to whom the city can provide notice if there are operating problems associated with the facility or refer members of the public who may have any concerns or complaints regarding the operation of the facility. Each facility must also provide the above information to all businesses and residences located within 100 feet of the facility.

(b) During the first year of operation of a facility authorized under this Chapter, the owner, manager, and community relations representative from each such facility must attend a monthly meeting with the C ity Manager or their designee to discuss costs, benefits and other community issues arising as a result of implementation of the Certificate of Approval authorized by this Chapter. After the first year of operation, the owner, manager, and community relations representative from each s uch facility must meet with the City Manager or their designee when and as requested by the C ity Manager or their designee, with reasonable notice.
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.

Section 9.60.460. Fees Deemed Debt to the City of National City.

The amount of any fee, cost or charge imposed pursuant to this Chapter shall be deemed a debt to t he City of National City that is recoverable via an authorized administrative process as set forth in the City ordinance, or in any court of competent jurisdiction.

Section 9.60.470. Responsibility for Violations.

All Responsible persons pursuant to this Chapter shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City of National City, whether committed by the property owner, permittee or any employee or agent of the property owner or permittee, which violations occur in or about the premises of the commercial cannabis business whether or not said violations occur within t he permit holder’s presence.

Section 9.60.480. Inspection and Enforcement.

(a) The City Manager, or their designee charged with enforcing the provisions of the City of National City Municipal Code, or any provision thereof, may enter the location of a commercial cannabis business at any time, without notice, to check for compliance with all state and local laws and inspect the location of any commercial cannabis business as well as any recordings and records required to be maintained pursuant to this Chapter or under applicable provisions of State law.

(b) It is unlawful for any responsible persons, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a commercial cannabis business under this Chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a commercial cannabis business under this Chapter or under state or local law.

(c) The City Manager, or their designee charged with enforcing the provisions of this Chapter may enter the location of a commercial cannabis business at any time during the hours of operation and without notice to obtain samples of the cannabis to t est for public safety purposes. Any samples obtained by t he City of National City shall be logged, recorded, and maintained in accordance with established procedures by the City of National City’s City Manager or their designee or these regulations.

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Section 9.60.490. Compliance with State Regulations.

It is the stated intent of this Chapter to regulate commercial cannabis activity in the City of National City in compliance with all provisions MAUCRSA and any subsequent state legislation.

Section 9.60.500. Violations Declared a Public Nuisance.

Each and every violation of the provisions of this Chapter is hereby deemed unlawful and a public nuisance and may be enjoined civilly or administratively . In addition, and to the extent not expressly provided elsewhere in this code, it is unlawful and a misdemeanor to maintain a public nuisance.

Section 9.60.510. Each Violation a Separate Offense.

Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the City of National City.

Additionally, as a nuisance per se, any violation of this Chapter shall be subject to injunctive relief, any permit issued pursuant to this Chapter being deemed null and void, disgorgement and payment to the City for any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The City of National City may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the commercial cannabis business or persons related to, or associated with, the commercial cannabis activity.

Section 9.60.520. Serious Violations Grounds for Immediate Suspension of License or Permit.

The City shall retain the authority, pursuant to Chapter 1.12, to address serious violations that rise to the level of posing an imminent threat to the public health, safety or welfare of the City, by immediately suspending the commercial cannabis license or permit issued by the City with a stop order. Such action by the City may be appealed pursuant to Sections

9.60.380 to 9.60.400 of this Chapter.

Section 9.60.530. Criminal Penalties.

Each and every violation of the provisions of this Chapter may in the discretion of the District Attorney or City Attorney be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the County jail for a period of not more than twelve (12) months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.

Section 9.60.540. Remedies Cumulative and Not Exclusive. 346 of 452
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(a) The remedies provided herein are not to be construed as exclusive remedies. The City of National City is authorized to pursue any proceedings or remedies provided by law.

(b) The City A ttorney may, in addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal, or enjoin ment thereof, in any manner provided by law,
PASSED and ADOPTED this 4TH day of May, 2021.
__________________________
Alejandra Sotelo-Solis, Mayor

ATTEST:
_____________________________
Luz Molina, City Clerk

APPROVED AS TO FORM:

_____________________________
Charles E. Bell Jr., City Attorney

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ORDINANCE NO. 2021 -

NATIONAL CITY ORDINANCE ADDING CHAPTER 9.60 TO THE NATIONAL CITY

MUNICIPAL CODE REGULATION OF COMMERCIAL CANNABIS ACTIVITY

Section 9.60.010. Purpose and Intent.

It is the purpose and intent of this Chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) to accommodate the needs of medically -ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same. It is also the purpose and intent of this Chapter to provide access to adult-use cannabis for persons aged twenty-one (21) and over as authorized by the Control, Tax & Regulate t he Adult Use Cannabis Act (“AUMA” or “Proposition 64” approved by California voters in 2016), while imposing sensible regulations on the use of land to protect the City of National City’s residents, neighborhoods, and businesses from disproportionately negative impacts. As such, it is the purpose and intent of this Chapter to regulate the cultivation, processing, manufacturing testing, sale, delivery, distribution and transportation of cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the City of National City and to enforce rules and regulations consistent with state and local law. It is the further purpose of intent of this Chapter to require all commercial cannabis operators to obtain and renew annually a commercial cannabis business permit to operate within the City of National City. Nothing in this Chapter is intended to authorize the possession, use, or provision of cannabis for purposes that violate state or local law. The provisions of this Chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the City of National City, and are in addition to any permits, licenses and approval required under state, City, or other law.

Section 9.60.020. Legal Authority.

Pursuant to Sections 5 and 7 of Article XI of the California Constitution, the provisions of the MAUCRSA, and any subsequent state legislation and/or regulations regarding same, the City of National City is authorized to adopt ordinances that establish standards, requirements and regulations for the licensing and permitting of commercial cannabis activity. Any standards, requirements, and regulations regarding health and safety, security, and worker protections established by the State of California, or any of its departments or divisions, shall be the minimum standards applicable in the City of National City to all commercial cannabis activity.

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Section 9.60.030. Cannabis Cultivation and C ommercial Cannabis Activities Prohibited Unless Specifically Authorized by this Chapter.

Except as specifically authorized in this Chapter, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery , distribution or transportation (other than as provided under Bus. & Prof. Code Section 26090(e) , of cannabis or cannabis product is expressly prohibited in the City of National City.

Section 9.60.040. Compliance with State and Local Laws.

It is the responsibility of the owners and operators of the commercial cannabis business, or any other responsible person(s), to ensure that it is, always, operating in a manner compliant with all applicable state and local laws, and any regulations promulgated thereunder. Nothing in this Chapter shall be construed as authorizing any actions that violate state law or local law wi th respect to the operation of a commercial cannabis business. It shall be the responsibility of the owners and the operators of the commercial cannabis business, or any other responsible person(s), to ensure that the commercial cannabis business is, at al l times, operating in a manner compliant with all applicable state and local laws, including the MAUCRSA, and any subsequently enacted state or local law or regulatory, licensing, or certification requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the commercial cannabis business permit.

Section 9.60.050. Definitions.

All definitions pertaining to cannabis regulation that appear in Business and Professions Code Section 26001, as codified by Senate Bill 94, MAUCRSA, are hereby incorporated by reference. Definitions appearing in this ordinance are either those that are not covered by state law, pre- date Proposition 64 and the MAUCRSA, or are outside the scope of Section 26001.

(a) “Adult Use” means the use of cannabis for recreational purposes by persons twenty-one (21) years of age or older.

(b) “Canopy” shall have the same meaning as that appearing in Title 3, Section 8000(f) of the California Code of Regulations.

(c) “Caregiver” or “primary caregiver” has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code.

(d) “Distributor” shall have the same meaning as that appearing in Section 26070 of the Business and Professions Code.

(e) “Commercial cannabis business” means any business or operation which 349 of 452
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engages in medicinal or adult-use commercial cannabis activity.

(f) “Commercial cannabis business permit” means a regulatory permit issued by the City of National City pursuant to this Chapter, to a commercial cannabis business and is required before any commercial cannabis activity may be conducted in the City of National City. The initial permit and annual renewal of a commercial cannabis business is made expressly contingent upon the business’ ongoing compliance with all of the requirements of this Chapter , any regulations adopted by the City of National City governing the commercial cannabis activity at issue, and any other state and local laws and regulations.

(g) “Consumption lounge” means an area that is part of the premises of a state-licensed, locally permitted commercial cannabis retail business , and that is designated for consumption of cannabis or cannabis products.

(h) “Dispensing” means any activity involving the retail sale of cannabis or cannabis products from a retailer.

(i) “Electronic Smoking Device” means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, includi ng any component, part, or accessory of such a device, whether or not sold separately. “Electronic Smoking Device” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electroni c cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. “Electronic Smoking Device” also includes cartridges, cartomizers, e -liquid, smoke juice, tips, atomizers, Electronic Smoking Device batteries, Electronic Smoki ng Device charges, and any other item specifically designed for the preparation, charging, or use of Electronic Smoking Devices.

(j) “Limited-access area” means an area in which cannabis is stored or held and is only accessible to some licensee and authorized personnel.

(k) “Manufactured cannabis” means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application.

(l) “Manufacturing site” means a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid commercial cannabis business permit for manufacturing from the City of National City and, a valid state license as required for manufacturing of cannabis products. 350 of 452
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(m) “Microbusiness” shall have the same meaning as that contained in Section 26070(a)(3) of the Business and Professions Code.

(n) “Non-volatile solvent” means any solvent used in the extraction process that is not a volatile solvent as defined by state law . For purposes of this chapter, a nonvolatile solvent includes carbon dioxide (CO 2) used for extraction and ethanol used for extraction or post-extraction processing.

(o) “Package” means any container or receptacle used for holding cannabis or cannabis products.

(p) “Patient” or “qualified patient” shall have the same definition as California Health and Safety Code Section 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health & Safety Code Section 11362.22.

(q) “Person with an identification card” shall have the meaning given that term by California Health and Safety Code Section 11362.7.

(r) “Processing” means a cultivation site that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and non- manufactured cannabis products.

(s) “Retail Ancillary/Accessory Use” Shall be determined when less than forty percent of a business’s gross floor area is devoted to the use, display, and/or sales of cannabis products and/or paraphernalia and no approved Retail Ancillary/Accessory Use shall be permitted without a licensed and operational primary use.

(t) “Responsible person(s)” shall include but not be limited to a property owner, tenant, manager , permit holder, or any other person with a legal interest in the affected real property and any person in possession of the affected real property.

(u) “Retailer” shall have the same meaning as the definition appearing in Section 26070(a)(1) of the Business and Professions Code.

(v) “State license” means a permit or license issued by the State of California, or one of its departments or divisions, under MAUCRSA and any subsequent State of California legislation regarding the same to engage in commercial cannabis activity. A state license alone will not authorize the holder to operate a cannabis business , as state law also requires a permit or other authorization issued by a local jurisdiction.

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(w) “THC” means Tetrahydrocannabinol, the primary active ingredient in cannabis. It is a psychotropic intoxicant causing euphoria and capable of altering human perception and motor skills.

(x) “Topical cannabis” means a product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code.

(y) “Transport” means the transfer of cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized by MAUCRSA which ma y be amended or repealed by any subsequent State of California legislation regarding the same.

Transport can only be performed by licensed distributors and does not include deliveries of cannabis or cannabis products.

(z) “Vape cartridge” means a small attachment to a cannabis e- cigarette or vape pen that is a pre-filled container of cannabis oil. Vape cartridges are sold pre-filled with cannabis concentrates which contain cannabis' active ingredients. The liquid in such products usually contains a propylene glycol or vegetable glycerin- based liquid with flavoring and other chemicals and metals. Many vape cartridges are high in THC, but some contain cannabidiol (CBD, a non-psychoactive cannabinoid used as an analgesic), or terpenes (the chemicals that give cannabis its flavorful tastes and aromas).

(aa) “Vaping” means the action or practice of inhaling and exhaling the vapor produced by an electronic cigarette or similar device.

(bb) "Volatile solvent" means a solvent as defined by Health and Safety Code Section 11362.3(b)(3) as of the effective date of this article and as subsequently amended.

(cc) “Youth center” means any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on city , county or state parks. This definition shall not include 352 of 452
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any private martial arts, yoga, ballet, music , art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor’s office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.

Section 9.60.060. Authorization to Engage in Commercial Cannabis Business.

(a) No person may engage in any authorized commercial cannabis business or in any commercial cannabis activity within the City of National City including cultivation, manufacturing, processing, laboratory testing, transporting, dispensing, distribution, or sale of cannabis or a cannabis product unless the person has the following:

(1) a valid commercial cannabis business permit issued by the City of National City;

(2) a valid business license issued by the City of National City;

(3) a mandatory building inspection and all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), the National City Fire Department approvals, Health Department approvals and other zoning and land use permit(s) and approvals.

(4) a valid state license for the commercial cannabis activity corresponding to the business permit issued by the City of National City;

(5) requisite approvals from the Planning Division of the National City Community Development Department;

(6) a valid development agreement jointly negotiated with the City of National City;

(7) a valid State of California Seller’s Permit.

(b) Development agreement

(c) No permit shall be issued pursuant to this Chapter for outdoor commercial cannabis cultivation, which is prohibited. It is a violation of this Chapter for any person or entity to engage in any outdoor commercial cannabis cultivation of any kind.

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Section 9.60.070. Location and Design of Cannabis Businesses.

Cannabis businesses permitted by the City of National City to engage in Cultivation, Distribution, Manufacturing, Microbusiness, Testing Labs, or Retail anc illary/Accessory use to the primary activity of the business, for cannabis and cannabis products are subject to the following zoning and locational requirements:
(a) Cultivation, Distribution, Manufacturing, Microbusiness, Testing Labs, or Retail ancillary/ accessory use must be located in the following zones: IL (Light Industrial), IM (Medium Industrial), IH (Heavy Industrial) and must meet all of the requirements for development in these zones (see Section

18.20.020, National City Municipal Code) . The cannabis businesses must also meet all of the following distance requirements:
(1) It shall be no closer than six hundred (600) feet from any zoned parcel in the City of National City designated by state law as a sensitive use, and pursuant to Section 9.60.070 (a) (3).

The distance measured shall be the
horizontal distance measured in a straight line from the property line of those parcels in Section 9.60.070 (a) (3) to the closest property line of the lot on which the cannabis business is located.
(2) Cannabis businesses providing Retail ancillary /accessory use to the primary activity of the business shall be no closer than two hundred fifty (250) feet of any residential parcel in the City of National City as of the date the cannabis business permit is issued. The distance between the cannabis business and the residential parcel shall be measured from the outer boundaries of the residential parcel to the first structure on the property seeking the commercial cannabis permit.
(3) It shall be no closer than six hundred (600) feet from any parcel containing any of the following:

A. A school providing instruction in kindergarten or any grades 1 through 12, (whether public or private, or charter, including pre- school, transitional kindergarten, and K-12);
B. A commercial daycare center licensed by the State, County or City or that is in existence at the time the license is issued, unless the State licensing authority or the City of National City specifies a different radius.

C. A youth center that is in exist ence at the time the license is issued, unless the State licensing authority or the City of National City specifies a different radius.
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(b) Consumption lounges must be located in the following: CT (Tourist Commercial) West of Interstate 5 and must meet all of the requirements for development in these zones (see Section 18.20.020, National City Municipal Code). They must also comply with the buffer zone requirements contained in 9.60.070(a).
(c) Each proposed cannabis business project shall:
(1) Conform with the City of National City ’s general plan, any applicable specific plans, master plans, and design requirements.
(2) Comply with all applicable zoning and related development standards.
(3) Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.

(4) Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development.

(5) Be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.

(6) Be provided with adequate electricity, sewerage, disposal, water, fire protection and storm drainage facilities for the intended purpose.

Section 9.60.080. Maximum Number and Type of Authorized Commercial Cannabis Businesses Permitted.

(a) The number of each type of commercial cannabis business that shall be permitted to operate in the City of National City shall be established by resolution by the City Council.

(b) Section 9.60.080 is only intended to create a process in determining the maximum number of commercial cannabis businesses that may be issued permits to operate in the City of National City under each category. Nothing in this Chapter creates a mandate that the City Council must issue any or all of the commercial cannabis business permits if it is determined that the applicants do not meet the standards which are established in the application requirements, or by further amendments to the application process, or if the City Council upon further deliberation determines that the issuance of any or 355 of 452
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all commercial cannabis business permits will negatively impact the public safety, welfare or other public policy concerns.

(c) Each year following the City Council’s initial award of permits, if any, or at any time in the City Council’s discretion, the City Council may reassess the number of commercial cannabis business permits which are authorized for issuance. The City Council at its discretion, may determine that the number of commercial cannabi s permits should stay the sam e, be expanded, or reduced.

Section 9.60.090. Fees and Charges.

(a) No person may commence or continue any commercial cannabis activity in the City of National City , without timely paying in full all fees and charges required for the operation of a commercial cannabis activity. Fees and charges associated with the operation of a commercial cannabis activity shall be established by resolution of the City Council which may be amended from time to time.

(b) All commercial cannabis businesses authorized to operate under this Chapter shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each commercial cannabis business shall cooperate with the City of National City with respect to any reasonable request to audit the commercial cannabis business’ books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period.

Section 9.60.100. Development Agreement.

Prior to operating in the City of National City and as a condition of issuance of a regulatory permit, the operator of each cannabis facility shall enter into a Development Agreement with the City of National City setting forth the terms and conditions under which the cannabis facility will operate that are in addition to the requirements of this C hapter, including, but not limited to community benefits such as public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety and welfare.

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Section 9.60.110. Evidence of Cannabis Owner(s), and Representative(s) Background Check Required.

(a) Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorize city authorities to access state and local criminal history information for employment, licensing, or certification purposes, every applicant must undergo a criminal history background check to demonstrate they do not provide “good cause” for denial which include the following:

1) Whether the owners, managers, supervisors and any
individual who will be participating in the direction, control, or management has ever been convicted of a violent felony or serious as defined by California Penal Code 667.5 or Section 1192.7(c), or equivalent offenses in other states;

2) Whether the owners, managers, supervisors and any
individual who will be participating in the direction, control, or management has ever been convicted of a crime involving dishonesty, fraud or deceit, including but not limited to fraud, forgery, theft, or embezzlement as those offenses are defined in California Penal Code Sections 186.11, 470, 484, and 504a, respectively; or equivalent offenses in other states; or

3) Whether the owners, managers, supervisors and any
individual who will be participating in the direction, control, or management has ever been convicted of a felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.

4) Whether the owners, managers, supervis ors and any
individual who will be participating in the direction, control, or management has ever been convicted of a felony conviction

for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code.

5) Whether t he owners, managers, supervisors and any
individual who will be participating in the direction, control, or management has ever been convicted of the illegal use,
possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, not including cannabis-related 357 of 452
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offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996.

(b) Evidence of a conviction of any the offenses enumerated in Section

9.60.110(a), absent a Certificate of Rehabilitation, shall be grounds for immediate disqualification of the applicant.

(c) Evidence of a conviction of any the offenses enumerated in Section

9.60.110(a) may be grounds for denial of employment.

(d) Violation of this section may be grounds for immediate suspension of the business’ operating permit. The business operator shall have the right to an appeal pursuant to section 9.60.380.

Section 9.60.120. Persons Prohibited from Holding a Commercial Cannabis License.

(a) Any person, including but not limited to any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit (“applicant”), in which any of the following actions or notices have been issued for non-compliance or if they have been engaging or h ave engaged in the following activity, shall be prohibited from holding a cannabis commercial license or a cannabis business permit in the City of National City:
(1) The applicant has had a license suspended or revoked by any City, county, City and county or any other state cannabis licensing authority;

(2) Evidence that the applicant is delinquent in payment of federal, state or local commercial taxes and/or fees;

(3) Applicant was conducting (or has conducted) commercial cannabis activity in the City of National City in violation of local and/or state law, not including commercial cannabis-related offenses for which the conviction occurred after the C ity banned cannabis in 2012.

(4) If any person enters into either a verbal or written agreement to lease, sublease, or any other agreement for any terms of use of the premises granted by a property owner,
commercial broker or any third party, that is in violation of Section 9.60.060 and Section 9.60.150. Any such lease, sublease or agreement shall not contain terms or conditions 358 of 452
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requiring the cannabis permit licensee to pay the property owner, commercial broker, or any third party a percentage of gross receipts, royalties, equity, or other unreasonable compensation as determined by the City of National City. In addition, all leases, subleases, or other agreements must be based on a monthly rate.

Section 9.60.130. Persons Prohibited from Employment by a Commercial Cannabis Business.

(a) Any person, including but not limited to any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, in which any of the following actions or notices have been issued for non-compliance or if they have been engaging or have engaged in the following activity, shall be prohibited from employment with a cannabis business permittee in the City of National City:

(1) The person has had a license suspended or revoked by any City, County, or City and County, or any other state cannabis licensing authority;

(2) Evidence that the person is delinquent in payment of federal, state or local commercial taxes and/or fees.

(3) The person was conducting commercial cannabis activity in the City of National City in violation of local and/or state, not including commercial cannabis-related offenses for which the conviction occurred after the city banned cannabis in 2012.

Section 9.60.140. Certification from the Community Development Department.

Prior to submitting any applications for a commercial cannabis business, applicant must first obtain a certification from the City of National City Community Development Department or its designee(s) certifying that the business is located on a site that meets all of the requirements of Sections 9.60.070 and 9.60.230 of this Chapter.

Section 9.60.150. Right to Occupy and to Use Property.

Prior to submitting any applications for a commercial cannabis business, applicant must obtain approval from the owner of the real property where the proposed commercial 359 of 452
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cannabis business will be located ( if approved). Applicants are not required to have a signed lease, but a letter from the property owner indicating that:

(a) The property owner is aware of and approves of the use being proposed.

(b) The property owner will lease the property to the cannabis related use upon approval of the application.

(c) The property owner understands that licenses for cannabis related uses are for one year and can be revoked at the City of National City ’s sole discretion with or without reason.

Property owners are permitted to issue letters detailing such contingent lease agreements for a maximum of two (2) independent applicants.

In the event the proposed location will be leased from the property owner, the applicant shall be required to provide a signed and notarized statement from the owner of the property, acknowledging that the property owner has read this Chapter and consents to the operation of the commercial cannabis business on the owner’s property.

Section 9.60.160. Application Procedure for a Cannabis Business Permit.

(a) The City of National City will establish by administrative policies and procedures promulgated by the City Manager or their designee the procedures to prepare the necessary forms, adopt any necessary rules related to the application process, solicit applications, and conduct initial evaluations of the applicants.

(b) At the time of filing, each applicant shall pay an application fee established by resolution of the City Council, to cover all costs incurred by the City of National City in the application process.

(c) The application procedure process shall include a component on community benefits. Any community benefits that a commercial cannabis business agrees to provide shall be incorporated into the terms and conditions under which the commercial cannabis business will operate with the City of National City’s approval, if and when a Development Agreement is issued. Such terms and conditions shall be in addition to the requirements of this C hapter. The City of National City may establish the procedures for determining community benefits by Resolution and/or by the implementation of administrative policies and procedures promulgated by the City Manager or their designee.

(d) The City of National City’s Reservation of Rights.
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The City of National City reserves the right to reject any or all applications.

Prior to permit issuance, t he City of National City may also modify, postpone, or cancel any request for applications , or the entire program under this Chapter, at any time without liability, obligation, or commitment to any party, firm, or organization, to the ex tent permitted under California state law. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this Chapter, may be cancelled at any time prior to permit issuance. The City of National City further reserves the right to request and obtain additional information from any candidate submitting an application.

(e) Grounds for Rejection of Application.

In addition to a failure to comply with other requirements in this Chapter, an application risks being rejected for any of the following reasons:

(1) The application was received after the designated time and date of the deadline.

(2) The application did not contain the required elements, exhibits, or was not organized in the required format.

(3) The application was considered not fully responsive to the request for a permit application, i.e. was substantially incomplete.

Section 9.60.180. Operations Plan and Standards.

A Certificate of Approval issued by the Planning Division of the National City Community Development Department for a facility must include, as conditions of approval, the operating standards set forth below. In addition, the Certificate of Approval must incorporate by reference an Operations Plan approved by the City Manager or their designee, that implements not only the operating standards set forth in this Chapter , but such additional cond itions that the City Manager or their designee finds reasonably necessary to implement this Chapter when considering the location, size and other characteristics of the proposed facility.

Section 9.60.190. Limitations on City’s Liability.

To the full est extent permitted by law, t he City of National City shall not assume any liability whatsoever with respect to having issued a commercial cannabis business permit pursuant to this Chapter or otherwise approving the operation of any commercial cannabis business. As a condition to the approval of any commercial cannabis business 361 of 452
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permit, the applicant shall be required to meet all of the following conditions before they can receive the commercial cannabis business permit:

(a) Execute an agreement, in a form approved by the City Attorney or their designee, agreeing to indemnify, defend (at applicant’s sole cost and expense), and hold t he City of National City , and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City of National City ’s issuance of the commercial cannabis business permit, the City of National City’s decision to approve the operation of the commercial cannabis business or activity, the process used by the City of National City in making its decision, or the alleged violation of any federal, state or local laws by the commercial cannabis business or any of its officers, employees or agents.

(b) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City Manager, City Attorney, and the City’s Risk Manager or their designee.

(c) Reimburse the City of National City for all costs and expenses, including but not limited to legal fees and costs and court costs, which t he City of National City may be required to pay as a r esult of any legal challenge related to the City of National City’s approval of the applicant’s commercial cannabis business permit, or related to the City of National City’s approval of a commercial cannabis activity. The City of National City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder.

Section 9.60.200. Restriction on Alcohol & Tobacco Sales.

(a) No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on or about the premises of the commercial cannabis business.

(b) No person shall cause or permit the sale of tobacco products on or about the premises of the commercial cannabis business.

Section 9.60.225. Restriction on Consumption of Cannabis or other Substances.

No person shall consume cannabis, cannabis products, tobacco or alcohol on the premises of any commercial cannabis business . The sole exception shall be authorized cannabis consumption lounges of which tobacco and alcohol shall also be prohibited. 362 of 452
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Section 9.60.230. General Operating Requirements for all Commercial Cannabis Businesses.

(a) Commercial cannabis businesses may operate only during the hours specified in the commercial cannabis business permit issued by the City .

No person under the age of twenty -one (21) shall operate, maintain, be employed at, or be issued a permit for, a commercial cannabis business of any kind.

(b) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a commercial cannabis business permit, or on any of the vehicles owned or used as part of the commercial cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time.

(c) Reporting and Tracking of Product and of Gross Sales with an accounting software system capable of providing point of sale data as well as audit trails or both product and cash, where applicable. Each commercial cannabis business shall have in place a point -of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City of National City. The commercial cannabis business shall ensure that such information is compatible with the City of National City ’s record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the City Manager or their designee prior to being used by the permittee.

(d) All cannabis and cannabis products sold, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the State and local regulations.

(e) Emergency Contact. Each commercial cannabis business shall provide the City Manager or their designee with the name, telephone number (both land line and mobile, if available) of an on- site employee or owner to whom emergency notice can be provided at any hour of the day.

(f) Signage and Notices.

(1) In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis business 363 of 452
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shall conform to the requirements of the City of National City ordinance, Chapter 18.47, including, but not limited to, seeking the issuance of a City of National City sign permit.

(2) No signs placed on the premises of a commercial cannabis business shall obstruct any entrance or exit to the building or any window.

(3) Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited. This provision shall not apply to consumption lounges (see Section 9.60.265).

(4) Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way.

(5) Signage shall not depict any image of cannabis or cannabis products. No banners, flags, billboards or other prohibited signs may be used at any time.

(6) In accordance with state law and regulations or as stipulated in t he City of National City regulatory permit, h olders of a commercial cannabis business permit shall agree that, as an express and ongoing condition of permit issuance and subsequent renewal, the holder of the permit shall be prohibited from advertising any commercial cannabis business located in the City of National City utilizing a billboard (fixed or mobile), bus shelter, placard, aircraft, or other similar forms of advertising. This paragraph is not intended to place limitations on the ability of a commercial cannabis business to advertise in other legally authorized forms, including on the internet, in magazines, or in other similar ways.

(g) Minors.

(1) Persons under the age of twenty-one (21) years shall not be allowed on the premises of a commercial cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this Chapter for any person to employ any 364 of 452
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person at a commercial cannabis business who is not at least twenty- one (21) years of age.

(2) Notwithstanding Section 9.60.230(g)(1), persons aged eighteen (18) to twenty ( 20) years shall be allowed on the premises of a commercial cannabis business if they can produce a physician’s recommendation. In that event, such persons can lawfully purchase cannabis for the sole purpose of addressing the medical need that is the subject of the physician’s recommendation. This provision shall not apply to consumption lounges. Only persons twenty-one (21) and older shall be granted admittance to consumption lounges. Access to persons under twenty-one (21) is prohibited.

(3) The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the commercial cannabis business.

(h) Odor Control. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off -site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain the following equipment, or any other equipment which the City Manager or their designee determine is a more effective method or technology:

(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;

(2) An air system that creates negative air pressure between the commercial cannabis business’s interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.

(i) Display of Permit and City Business License. The original copy of the commercial cannabis business permit and the business license issued by the City of National City pursuant to this Chapter shall be posted inside the commercial cannabis business in a location readily visible to the public. 365 of 452
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(j) Background Check. Pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorize city authorities to access state and local criminal history information for employment, licensing, or certification purposes, every applicant must undergo a criminal history background check to demonstrate they do not provide “good cause” for denial as outlined in Section 9.60.110. A fee for the cost of the background investigation, which shall be the actual cost to the City of National City to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a commercial cannabis business permit is submitted. Evidence of a conviction of any of the offenses enumerated in Business and Professions Code Section 26057(b)(4), absent a Certificate of Rehabilitation, shall be grounds for immediate disqualification of the applicant.

(k) Loitering. The owner and/or operator of a commercial cannabis business shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises. The cannabis business shall notify the National City Police Department if anyone continues to loiter around the building or premises after all reasonable action has been taken to remove the individual(s) and the action has failed to do so in a timely manner.

(l) Employee Training and Customer Education. Each commercial cannabis operator shall establish minimum training standards for all employees , including but not limited to the variety of products offered for sale, their potency, absorption time if known, and effects of the products. Employees shall educate all customers on these items in an effort to ensure responsible consumption. The retailer shall provide with each purchase educational brochures containing this information. The City Manager, or their designee shall have the discretion to require other training for the business operations as they find necessary under any circumstances.

(m) Security Requirements. A permitted commercial cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis busines s. Except as may otherwise be determined by the City Manager , or their designee, these security measures shall include, but may not be limited to, all of the following:

(1) Alarm system (perimeter, fire, and panic buttons).

(2) Remote monitoring of alarm systems by a security
company licensed by the State of California Bureau of
Security and Investigative Services.
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(3) Perimeter lighting systems (including motion sensors) for after-hours security.

(4) Perimeter security and lightning as approved by the City Manager or their designee.

(5) Preventing individuals from remaining on the premises of the commercial cannabis business if they are not engaged in an activity directly related to the permitted operations of the commercial cannabis business.

(6) Establishing limited access areas accessible only to authorized commercial cannabis business personnel.

(7) Except for live growing plants which are being cultivated at a cultivation operation, all cannabis and cannabis products shall be stored in a secured and locked vault or vault
equivalent. All safes and vaults shall be compliant with Underwriter Laboratories burglary-resistant and fire-resistant standards. All cannabis and cannabis products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.

(8) Installing 24-hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces within the commercial cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur.

All cameras shall record in color. All exterior cameras shall be in weather -proof enclosures, shall be located so as to minimize t he possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. Video recordings shall be maintained for a
minimum of ninety (90) days and shall be made available to the City Manager or their designee upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis business and shall be capable of enlargement via projection or other means.

(9) Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security 367 of 452
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company licensed by the State of California Bureau of
Security and Investigative Services.

(10) Panic buttons shall be installed in all commercial cannabis businesses with direct notification to the National City Police Department dispatch and shall be configured to immediately alert dispatch for the National City Police Department.

(11) Any bars installed on the windows or the doors of t he commercial cannabis business shall be installed only on the interior of the building in compliance with all federal, state and local laws.

(12) Security personnel shall be on- site 24 hours a day or alternative security as authorized by the City Manager
or
their designee and must have a verified response security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Manager, or their designee, with such approval not to be unreasonably withheld. Firearms may be carried by security personnel while they are on duty, if permitted by the San Diego County Sheriff’s Department and authorized by the Chief of Police.

(13) Each commercial cannabis business shall have the
capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.

(14) Entrance areas are to be locked at all times and under the control of a designated responsible party that is either; (a) an employee of the commercial cannabis business; or (b) a licensed security professional.

(15) Each commercial cannabi s business shall demonstrate to the City Manager or their designee, compliance with the state’s track and trace system for cannabis and cannabis products, as soon as it is operational.

(16) Each commercial cannabis business shall have a
professionally ins talled video surveillance system, access control and intrusion alarm systems designed to protect the 368 of 452
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inventory, facility, and employees. Each business shall have network security protocols that are certified by Underwriters Laboratories.

(17) Exterior v egetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises.

(18) Emergency access and emergency evacuation plans
that are in compliance with state and local fire safety standards.

(19) Each commercial cannabis business shall identify a designated security representative/liaison to the City of National City, who shall be reasonably available to meet with the City Manager or their designee regarding any security related measures or and operational issues. The designated security representative/liaison shall, on behalf of the commercial cannabis business, annually maintain a copy of the current security plan on the premises of the business, to present to the City Manager or their designee upon request that meets the requirements of Section 9.60.230(m).

(20) As part of the application and permitting process each commercial cannabis business shall have a storage
and transportation plan, which describes in detail the
procedures for safely and securely storing and transporting all cannabis, cannabis products, any hazardous materials that may be used by the business, and any currency.

(21) The commercial cannabis business shall cooperate
with the City of National City whenever the City Manager or their designee makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter.

(22) A commercial cannabis business shall notify the City Manager or their designee within twenty -four (24) hours of discovering any of the following:

(a) Significant discrepancies identified during
inventory. The level of significance shall be
determined by the regulations promulgated by
the City Manager or their designee.

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(b) Diversion, theft, loss, or any criminal activity
involving the commercial cannabis business or
any agent or employee of the commercial
cannabis business.

(c) The loss or unauthorized alteration of records
related to cannabis, customers or employees or
agents of the commercial cannabis business.

(d) Any other breach of security.

(23) Compliance with the foregoing requirements shall be verified by the C ity Manager or their designee prior to commencing business operations. The City Manager or their designee may supplement these security requirements once operations begin, subject to review by the C ity Manager or their designee if requested by the business owner.

(24) Retailers and microbusinesses authorized to conduct retail activities shall only serve customers who are within the licensed premises, or at a delivery address that meets the requirements of this division.

(1) The sale and delivery of cannabis goods shall
not occur through a pass -through window or a
slide-out tray to the exterior of the premises.

(2) Retailers or microbusinesses shall not operate
as or with a drive- in or drive- through at which
cannabis goods are sold to persons within or
about a motor vehicle.

(3) No cannabis goods shall be sold and/or
delivered by any means or method to any
person within a motor vehicle.

(4) All cannabis goods sold by a retail business
shall be contained in child-resistant packaging.

(5) Retailers shall record point -of-sale areas and
areas where cannabis goods are displayed for
sale on the video surveillance system. At each
point-of-sale location, camera placement must
allow for the recording of the facial features of
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any person purchasing or selling cannabis
goods, or any person in the retail area, with
sufficient clarity to determine identity. A retail
licensee or microbus iness licensee who is
engaged in retail sale shall hire or contract for
security personnel who are at least twenty -one
(21) years of age to provide security services for
the licensed retail premises. All security
personnel hired or contracted for by the licensee
shall be licensed by the Bureau of Security and
Investigative Services and shall comply with
Chapters 11.4 and 11.5 of Division 3 of the
Business and Professions Code.
(n) Records and Recordkeeping.

(1) Each owner and operator of a commercial cannabis business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a commercial cannabis business permit issued pursuant to this Chapter), or at any time upon reasonable request of the City of National City , each commercial cannabis business shall file a sworn statement detailing the number of sales by the co mmercial cannabis business during the previous twelve (12) month period (or shorter period based upon the timing of the request), provided on a per -month basis.

The statement shall also include gross sales for each month, and all applicable taxes and fees paid or due to be paid. On an annual basis, each owner and operator shall submit to the City a financial audit of the business’s operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory complianc e review and financial audit as determined by the City Manager or their designee(s).

(2) Each owner and operator of a commercial cannabis business shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the commercial cannabis business, and separately of all the officers, manager s, employees, agents and volunteers currently employed or otherwise engaged by the commercial cannabis business. The register required by this paragraph shall be provided to the City Manager or their designee(s) upon a reasonable request.

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(3) If an applicant operated a cannabis collective, cooperative, or other business prior to the enactment of MAUCRSA, then once a state license is obtained, the commercial cannabis business must maintain such records only to the extent permitted or required by MAUCRSA.

(4) All commercial cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufact uring, laboratory testing and distribution processes until purchase as set forth MAUCRSA.

(5) Each commercial cannabis business shall allow the City of National City officials to have access to the business’s books, records, accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of conducting an audit or examination at any time during the business’s business hours. If not otherwise available, books, records, accounts, and any and all relevant data or documents will be produced no later than twenty-four (24) hours after receipt of the City’s request, unless otherwise stipulated by the City.

The City may require the materials to be submitted in an electronic format that is compatible with the City’s software and hardware.

Section 9.60.240. Amendments to General Operating Requirements.

The City Manager or their designee may develop other commercial cannabis business operational requirements or regulations as are determined to be necessary to protect the public health, safety and welfare.

Section 9.60.250. Additional Operating Requirements for Store Front Retail Facilities.

(a) Retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of eighteen (18) years . If the potential customer is eighteen (18) to twenty ( 20) years old, retailer shall confirm the customer’s possession of a valid doctor's recommendation and/or Health and Safety Code Section 11362.71 identification card (Medical Cannabis Card). For adult use or recreational purchases, retailers shall verify that all customers are twenty-one (21) years of age or older for the purchase of cannabis or cannabis products.

(1) Access to the premises of a retail licensee/permittee shall be limited to individuals who are at least twenty-one (21) years of age.

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(2) Notwithstanding Section 9.60.250 (a)(1), individuals who are at least eighteen (18) years of age and in possession of a valid physician’s recommendation shall be granted access to the premises of a retail licensee/permittee for the sole purpose of purchasing medicinal cannabis consistent with the physician’s recommendation.

(3) All i ndividuals seeking access to the commercial cannabis retail business must show their government-issued identification, and, i f appropriate, doctor’s recommendation of Medical Cannabis card, in order to gain access into the retailer. These documents must also be shown at the point of sale station at the time of purchase.

Doctor
recommendations are not to be obtained or provided at the retail location.

(b) Entrances into the retailer shall be locked at all times with entry strictly controlled. A "buzz -in" electronic/mechanical entry system shall be utilized to limit access to and entry to the retailer to separate it from the reception/lobby area.

(c) Retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on-site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.

(d) All restroom facilities shall remain locked and under the control of management.

(e) Limited Access Areas. A retailer shall establish limited- access areas and permit only authorized individuals to enter the limited-access areas. Authorized individuals include individuals employed by the retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least twenty-one (21) years of age, and if not employed by the retailer, shall be escorted at all times by an employee of the licensee/permittee. A retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the City Manager or their designee upon request. (f) Microbusiness – Commercial Activity. All cultivation, manufacturing, distribution, and retail activities performed by a licensee under a Type 12- Microbusiness permit shall occur on the same licensed premises. Areas of the premises for manufacturing and cultivation shall be separated from the distribution and retail areas by a wall and all doors between the areas shall remain closed when not in use.
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(g) Operating hours of the Store Front Retailer License shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.

(h) Store Front/Retail Security Requirements. All provisions incorporated within Section 9.60.230(m) of this Chapter (Security Requirements ), are directly applicable to and binding on all commercial cannabis businesses, including all Store Front/Retail businesses. Uniformed licensed security personnel shall be employed to monitor site activity, control loitering and site access, and to serve as a visual deterrent to unlawful activities. Security personnel may be allowed to carry firearms if permitted by San Diego County Sheriff’s Department and authorized by the Chief of Police.

Section 9.60.260. Additional Operating Requirements for Non- Store Front Retail Facilities.

All Store Front Retailers, Non-Store Front Retailers (delivery) and Microbusinesses which conduct deliveries into or within the City of National City shall be required to obtain a delivery permit from the City of National City in order to conduct retail sales regardless if they are located in the City or another local jurisdiction.

(a) Operating hours of the Non-Store Front Retailer License shall be limited to the hours of 9:00 a.m. through 9:00 p.m., seven days a week.

(b) The commercial Non -Store Front Retailer shall only sell cannabis or cannabis products to a natural person twenty-one (21) years of age or older, or a natural person eighteen (18) years of age or older who possesses a physician’s recommendation for cannabis medical use only. The age and/or any necessary documentation including a valid doctor’s recommendation of each medical customer shall be verified. Doctor recommendations are not to be obtained or provided at the retail location.

(c) The commercial cannabis Non-Store Front Retailer may only have on- site that quantity of cannabis and cannabis products reasonably anticipated to meet the weekly demand for which they may need to be readily available for sale.

Section 9.60.265. Operating Requirements for Consumption Lounges.

(a) Any consumption lounge operating within the City of National City must be contained within the premises of a state- licensed retail business or microbusiness, must be locally permitted pursuant to Section 9.60.140, must meet the other requirements of this Chapter, and must be compliant with the following additional requirements:
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(1) Access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age or older.

(2) Cannabis consumption is not visible from any public place or non- age- restricted area.

(3) Sale or consumption of alcohol or tobacco is not allowed on the premises.

(4) Patrons cannot bring cannabis, tobacco or alcohol or other substances into the consumption lounge – they can only consume whatever cannabis they purchase on site.

(b) An applicant must obtain a secondary on- site consumption permit in order for cannabis to be consumed on the premises of an adult-use retail business and shall comply with the following

(1) Cannabis consumption areas shall be well ventilated private areas of the retail establishment and are designed to prevent the flow of smoke to any other area of the establishment.

(c) A commercial cannabis retail business with a retail lounge on its premises shall adopt procedures ensuring that its customers may only gain access to the lounge once they have purchased a product or products from the retail business.

(d) The on-site sale of food is permitted. A Permittee shall comply with laws governing Cannabis Businesses and retail food establishments, including but not limited to the California Retail Food Code.

(e) The owner/operator of the consumption lounge shall be responsible for maintaining dedicated and sufficient staff during operating hours to verify the identity and age of all patrons seeking admittance to the lounge.

Persons under twenty-one (21) shall be denied entry without exception.

(f) The owner/operator of the consumption lounge shall be responsible for ensuring that a state- licensed security guard is on duty during operating hours.

(g) The City Manager or his/or designee shall establish conditions for approval for each onsite consumption permit including but not limited to a parking plan, ventilation plan, anti-drugged driving plan, design plan, and set hours of operation. Set hours of operation may only be adjusted by submitting a written request to and obtaining approval from city.
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(h) Cannabis consumption areas shall only provide cannabis to an individual in an amount consistent with personal possession and use limits allowed by the state.

Section 9.60.270. In-City Delivery Vehicle Requirements.

Prior to commencing delivery operations, any locally permitted cannabis retail operation shall provide the following information to the City of National City:

(a) Proof of ownership of the vehicle or a valid lease for all vehicles that will be used to deliver cannabis or cannabis products.

(b) The year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for all vehicles that will be used to deliver cannabis goods.

(c) Proof of insurance as required in Section 9.60.210(b) for any and all vehicles being used to deliver cannabis goods.

(d) The licensee shall provide the City with any changes to the information required by this section in writing within thirty (30) calendar days.

Section 9.60.275. Out-of-City Delivery Vehicle Requirements.

Prior to commencing operations, a cannabis out of City of National City delivery service shall comply with the following requirements:

(a) Obtain from the City a permit authorizing the delivery of cannabis and cannabis products within the City limits. A copy of this permit shall be retained by all drivers.

(b) The retail business operating the delivery service shall provide the City Manager or their designee, with evidence of a valid state license for a commercial cannabis business on whose authorization the delivery service is performing the delivery function.

(c) The retail business operating the delivery service shall furnish to the City Manager or their designee, the year, make, model, color, license plate number, and numerical Vehicle Identification Number (VIN) for any and all vehicles that will be used to deliver cannabis goods.

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Section 9.60.280. Additional Operating Requirements for a Cultivation Facili ty Operation.

(a) Outdoor Commercial Cultivation is prohibited.

(b) In no case, shall cannabis plants be visible from a public or private road, sidewalk, park or any common public viewing area.

(c) Cannabis cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electri city, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters.

(d) Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife.

(e) The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the empl oyees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.

(f) All applicants for a cannabis cultivation permit shall submit to the following in addition to the information generally otherwise required for a commercial cannabis business:

(1) A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting.

(2) A description of a legal water source, irrigation plan, and projected water use.

(3) Identification of the source of electrical power and plan for compliance with applicable Building Codes and related codes.

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(4) Plan for addressing odor and other public nuisances that may derive from the cultivation site.

Section 9.60.290. Additional Operating Requirements for Distributors.

(a) A distributor shall not store non- cannabis goods or non- cannabis accessories that are to be sold to another party on any licensed premises.

Additionally, a distributor shall not distribute non- cannabis goods or non- cannabis accessories at a licensed premise. For the purposes of this section, non-cannabis goods are any goods that do not meet the definition of cannabis goods as defined in Title 16, Section 5000(c) of the California Code of Regulations.

(b) After taking physical possession of a cannabis goods batch, the distributor shall contact a testing laboratory and arrange for a laboratory employee to come to the distributor’s licensed premises to select a representative sample for laboratory testing.

(c) A distributor shall ensure that all cannabis goods are stored separately and distinctly from other cannabis goods on the distributor’s premises.

(d) The distributor shall ensure that the batch size from which the sample is taken meets the requirements of state law, specifically the testing provisions within the California Code of Regulations.

(e) A distributor or an employee of the distributor shall be physically present to observe the laboratory employee obtain the sample of cannabis goods for testing and shall ensure that the increments are taken from throughout the batch. The sampling shall be video- recorded, and the recording kept available to state and local authorities for a minimum of one hundred eighty (180) days, pursuant to Title 16, Section 5305 of the California Code of Regulations.
(f) A distributor shall not transport cannabis or cannabis products to a licensed retail facility until and unless it has verified that the cannabis or cannabis products have been tested and certified by a testing lab as being in compliance with state health and safety requirements pursuant to Title 16, Sections 5705, 5710 and 5714 of the California Code of Regulations.

Section 9.60.300. Additional Operating Requirements for Testing Labs.

(a) Testing Labs shall be required to conduct all testing in a manner pursuant to Business and Professions Code Section 26100 and shall be subject to state 378 of 452
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and local law. Each Testing Lab shall be subject to additional regulations as determined from time to time as more regulations are developed under this Chapter and any subsequent State of California legislation regarding the same.

(b) Testing Labs shall conduct all testing in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling using verified methods.

(c) All cannabis testing laboratories performing testing shall obtain and maintain ISO/IEC 17025 accreditation as required by the Bureau of Cannabis Control.

(d) Testing labs shall destroy any harvest batch whose testing sample i ndicates noncompliance with health and safety standards required by the bureau unless remedial measures can bring the cannabis or cannabis products into compliance with quality standards as specified by law and implemented by the bureau.

(e) Each operator shall ensure that a testing laboratory employee takes the sample of cannabis or cannabis products from the distributor’s premises for testing required by state law and that the testing laboratory employee transports the sample to the testing laboratory.

(f) Except as provided by state law, a testing laboratory shall not acquire or receive cannabis or cannabis products except from a licensee in accordance with state law, and shall not distribute, sell, or dispense cannabis, or cannabis products, from the licensed premises from which the cannabis or cannabis products were acquired or received. All transfer or transportation shall be performed pursuant to a specified chain of custody protocol.

(g) A testing laboratory may receive and test samples of cannabis or cannabis products from a qualified patient or primary caregiver only if the qualified patient or primary caregiver presents the qualified patient’s valid physician’s recommendation for cannabis for medicinal purpose. A testing lab shall not certify samples from a qualified patient or primary caregiver for resale or transfer to another party or licensee. All tests performed by a testing laboratory for a qualified patient or primary caregiver shall be recorded with the name of the qualified patient or primary caregiv er and the amount of the cannabis or cannabis products received.

Section 9.60.310. Additional Operating Requirements for Cannabis Manufacturing:

Edibles and Other Cannabis Products; Sale or Distribution of Edible and Other Cannabis Products.

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Cannabis manufacturing shall only be permitted pursuant to state law, this chapter and or any subsequently created manufacturing state license as defined in MAUCRSA, and may be permitted to operate only within those zone districts as defined in Section

9.60.070 of this Chapter and Section 18.20.020 of the City of National City Municipal Code.

Any compressed gases used in the manufacturing process shall not be stored on any property within the City of National City in containers that exceeds the amount whi ch is approved by the National City Fire Department and authorized by the regulatory permit.

Each site or parcel subject to a commercial cannabis business permit shall be limited to a total number of tanks as authorized by the National City Fire Department on the property at any time. Additional operating requirements include:

(a) Cannabis manufacturing facilities may use heat, screens, presses, steam distillation, ice water, ethanol and other methods without employing solvents or gases to create keef, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts.

(b) If an extraction process uses a professional grade closed loop CO ₂ gas extraction system every vessel must be certified by the manufacturer for its safe use as referenced in Section 9.60.310 (f). The CO₂ must be of at least ninety-nine percent purity.
(c) Closed loop systems for compressed gas extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number.

(d) Certification from an engineer licensed by the St ate of California , or by a certified industrial hygienist, must be provided to the Community Development Department for a professional grade closed loop system used by any commercial cannabis manufacturing manufacturer to certify that the system was commer cially manufactured, is safe for its intended use, and was built to codes of recognized and generally accepted good engineering practices, including but not limited to:

(1) The American Society of Mechanical Engineers (ASME);

(2) American National Standards Institute (ANSI);

(3) Underwriters Laboratories (UL); or

(4) The American Society for Testing and Materials (ASTM)

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(e) The certification document must contain the signature and stamp of the professional engineer or industrial hygienist and serial number of the extraction unit being certified.

(f) Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the Fire Department and meet any required fire, safety, and building code requirements specified in the California Building Reference Codes. (g) Cannabis Manufacturing Facilities may use food grade glycerin, ethanol, and propylene glycol solvents to create or refine extracts. Ethanol should be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere.

(h) Cannabis Manufacturing Facilities creating cannabis extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace. (i) Any person using solvents or gases in a closed looped system to create cannabis extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets and handle and store the solvents and gases safely.

(j) Parts per million for one gram of finished extract cannot exceed state standards for any residual solvent or gas when quality assurance tested.

Section 9.60.320. Additional Operating Requirements for a Microbusiness- Cultivation Facility.

Microbusinesses shall comply with all local operating requirements under this C hapter and all requirements imposed by state law that apply to the specific activities operating under the umbrella of the individual microbusiness.

(a) Outdoor Commercial Cultivation is prohibited.

(b) In no case, shall cannabis plants be visible from a public or private road, sidewalk, park or any common public viewing area.

(c) Commercial cannabis cultivation which is permitted in the City of National City shall not exceed 10,000 square feet of canopy space permitted by state law as part of a microbusiness license.

(d) Cannabis cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electri city, water usage, water 381 of 452
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quality, woodland and riparian habitat protection, agricultural discharges, and similar matters.

(e) Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife.

(f) The cultivation of cannabis shall at all times be operated in such a w ay as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.

(g) All applicants for a microbusiness permit which includes cannabis cultivation shall submit to the following i n addition to the information generally otherwise required for a commercial cannabis business:

(1) A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting.

(2) A description of a legal water source, irrigation plan, and projected water use.

(3) Identification of the source of electrical power and plan f or compliance with applicable Building Codes and related codes.

(4) Plan for addressing odor and other public nuisances that may derive from the cultivation site.

Section 9.60.330. Permissible Delivery Locations and Customers.

All retail businesses conducting cannabis delivery operations within the City of National City are subject to the following requirements:
(a) A licensed cannabis business shall not deliver cannabis goods to an address located on publicly owned land or any address on land or in a building leased by a public agency.
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(b) A licensed cannabis business shall comply with all requirements of state and local law pertaining to the cannabis permit and all subsequent policies, procedures and regulations which may be amended by the City Manager from time to in order to enforce this Chapter.

(c) Any kiosk, i-Pad, tablet, smartphone, fixed location or technology platform, whether manned or unmanned, other than a retail location permitted by the city, that facilitates, directs, or assists the retail sale or delivery of cannabis or cannabis products is prohibited and shall be a violation of this Chapter.

Section 9.60.340. Expiration of Commercial Cannabis Business Permits.

Each commercial cannabis business permit issued pursuant to this Chapter shall expire twelve (12) months after the date of its issuance. Commercial cannabis permits may be renewed as provided in Section 9.60.350.

Section 9.60.350. Renewal of Cannabis Business Permits.

(a) An application for renewal of a commercial cannabis business permit shall be filed at least sixty (60) calendar days prior to the expiration date of the current permit.

(b) The renewal application shall contain all the information required for new applications.

(c) The applicant shall pay a fee in an amount to be set by the City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the City of National City to administer the program created under this Chapter.

(d) An application for renewal of a commercial cannabis business permit shall be rejected if any of the following exists:

(1) The application is filed less than sixty (60) days before its expiration.

(2) The commercial cannabis business permit is suspended or revoked at the time of the application.

(3) The commercial cannabis business has not been in regular and continuous operation in the four (4) months prior to the renewal application.

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(4) The commercial cannabis business has failed to conform to the requirements of this Chapter, or of any regulations adopted pursuant to this Chapter, or is in violation of any other state or local laws and regulations.

(5) The permittee fails or is unable to renew its State of California license.

(6) If the state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of the state rules and regulations, and the state has determined that the violation is grounds for termination or revocation of the commercial cannabis business permit.

(e) The City Manager or their designee is authorized to make all decisions concerning the issuance of a renewal permit . In making the decision, the City Manager or their designee is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. Appeals from the decision of the City Manager or their designee shall be handled pursuant to Sections 9.60.380 through 9.60.400.

(f) If a renewal application is rejected, a person may file a new application pursuant to this Chapter no sooner than one (1) year from the date of the rejection.

Section 9.60.360. Revocation or Suspension of Permits.

Commercial cannabis business permits may be revoked or suspended for any violation of any relevant law and/or any rule, regulation and/or standard adopted pursuant to this Chapter, including any amendments to those s tandards, or pursuant to any policy, procedure or regulation in this Chapter or in the National City Municipal Code.

Section 9.60.370. Effect of State License Suspension, Revocation, or Termination.

Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a commercial cannabis business to operate within the City of National City , until the State of California, or its respective department or division, reinstates or reissues the State license. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a commercial cannabis business, such revocation or termination shall also revoke or terminate the ability of a commercial cannabis business to operate within the City of National City. A c annabis business owner wishing to recommence operations shall re- 384 of 452
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apply for a local permit at such time as it can demonstrate that the grounds for revocation of the license by the state no longer exist, or that the underlying deficiency has otherwise been cured.

Section 9.60.380. Appeals.

Unless specifically provided elsewhere to the contrary, whenever an appeal is provided for in this Chapter from a decision of the City Manager or their designee, the appeal shall be conducted as prescribed in this Chapter.

Section 9.60.390. Written Request for Appeal.

(a) Within ten (10) calendar days after the date of a decision of the City Manager or their designee(s) to revoke, suspend or deny a permit, or to add conditions to a permit , an applicant may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper. Reasons shall be stated with specificity.

(b) At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the City Council.

Section 9.60.400. Appeal Hearing Process.

(a) Upon receipt of the written appeal, the City Clerk shall schedule the matter for a hearing before a hearing officer.

(b) The appeal shall be set within a reasonable time after the date of receipt of the written appeal, but in no event shall be set later than thirty (30) City of National City working days from the date of the receipt of the written appeal.

The hearing shall be held no later than ninety (90) City of National City working days from the date of the receipt of the written appeal. The City shall notify the appellant of the time and location at least ten (10) days prior to the date of the hearing. The appellant can waive the right to have their appeal set no later than thirty (30) City of National City working days and/or held no later than ninety (90) City of National City working days from the date of the receipt of the written appeal.

(c) At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing. The applicant may have the assistance of counsel or may appear by counsel.

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(d) After the City Manager or their designee has presented the statement of facts upon which the determination was made, the burden to show that the action taken by the City Manager or their designee was not based on substantial evidence, or was arbitrary, capricious, or unjustified shall b e upon the appealing party.

(e) If the applicant, or counsel representing the applicant, fails to appear at the hearing, the appeal is abandoned and the action of the City Manager or their designee is final.

(f) The hearing officer may uphold the denial, suspension, or revocation, may allow that which has been denied, reinstate that which has been suspended or revoked, reverse or modify any other decision of the City Manager or their designee that is the subject of the appeal.

(g) If the decision of the hearing officer is to deny the appeal, then that decision shall be final and conclusive and shall constitute the exhaustion of the administrative remedy.

(h) A copy of the written decision of the hearing officer specifying findings of fact and the reasons for the decision shall be given to the applicant or the designated representative and the City Manager or their designee within thirty (30) calendar days of the hearing. If the hearing officer determines the complexity of the case required additional time in which to render a decision, the time in which to render the decision is automatically extended another thirty (30) calendar days. Service of the decision shall govern the commencement of any period of limitation for judicial review under Code of Civil Procedure Section 1094.6 or 1084.8, whichever is applicable.

Section 9.60.420. Transfer of Cannabis Business Permit. (a) The owner of a cannabis business permit shall not transfer ownership or control of the permit, within the first year of obtaining said permit, to another person or entity unless and until the transferee obtains an amendment to the permit from the City Manager or their designee stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Manager or their designee in accordance with all provisions of this Chapter (as though the transferee were applying for an original cannabis business permit) . The proposed transferee’s application shall be accompanied by a transfer fee in an amount set by resolution of the City Council (or if not set, shall be the same amount as the application fee) and an acknowledgment that any labor agreements in existence at the time of transfer will be upheld by transferee.

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(b) The City Manager or their designee shall conduct a hearing to determine whether the transferee passed the background check required for permittees and meets all other requirements of this Chapter.

(c) Commercial cannabis business permits issued through the grant of a transfer by the City Manager or their designee shall be valid for a period of one year beginning on the day the City Manager or their designee approves the transfer of the permit. Before the transferee’s permit expires, the transferee shall apply for a renewal permit in the manner required by this Chapter.

(d) Changes in ownership of a permittee’s business structure or a substantial change in the ownership of a permittee business entity (changes that result in a change of more than 25% of the original ownership), must be approved by the City Manager or their designee through the transfer process contained in this subsection (a). Failure to comply with this provision is grounds for permit revocation.

(e) A permittee may change the form of business entity without applying to the City Manager or their designee for a transfer of permit, provided that either:

1. The membership of the new business entity is substantially similar to original permit holder business entity (at least 25% of the membership is identical), or

Although a transfer is not required in this circumstance, the permit holder is required to notify the City Manager or their designee in writing of the change within ten (10) days of the change. Failure to comply with this provision is grounds for permit revocation.

(f) No commercial cannabis business permit may be transferred when the City Manager or their designee has notified the permittee that the permit has been or may be suspended or revoked.

(g) Any attempt to transfer a commercial cannabis business permit either directly or indirectly in violation of this section is hereby declared void, and such a purported transfer shall be deemed a ground for revocation of the permit.

Section 9.60.430. Change in Location; Updated Permit Application.

(a) Any time the dispensing, cultivation, manufacturing, transportation and distribution location specified in the regulatory permit is changed, the applicant shall re -file a permit application with the City Manager or their 387 of 452
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designee(s) containing the updated information. The process and the fees for this re-registration shall be the same as the process and fees set forth for registration in Sections 9.60.420(c) and 9.60.160.
(b) Within fifteen (15) calendar days of any other change in the information provided in the permit application form or any change in status of compliance with the provisions of this Chapter, including any change in the commercial cannabis business ownership or management members, the applicant shall file an updated permit applicati on form with the City Manager or their designee(s) for review along with a application amendment fee, as set forth in Sections 9.60.420(c) and 9.60.160).

Section 9.60.440. Promulgation of Regulations, Standards and Other Legal Duties.

(a) In addition to any regulations adopted by the City Council, the City Manager or their designee is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of commercial cannabis business permits, the ongoing operation of commercial cannabis businesses and the City’s oversight, or concerning any other subject determined to be necessary to carry out the purposes of this Chapter.

(b) Regulations will be published on the City’s website.

(c) Regulations promulgated by the City Manager shall become effective upon date of publication. Commercial cannabis businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the City Manager or their designee.

(d) Testing Labs, Distribution facilities , Out of City Delivery Services and Special Events shall be subject to state law and shall be subject to additional City regulations as determined from time to time as more regulations are developed under Section 9.60.020 of this Chapter and any subsequent State of California legislation regarding the same.

Section 9.60.450. Community Relations.

(a) Each facility must provide the C ity Manager or designee with the name, telephone number, and email address of an on-site community relations or staff person or other representative to whom the city can provide notice if there are operating problems associated with the facility or refer members of the public who may have any concerns or complaints regarding the operation of the facility. Each facility must also provide the above information to all businesses and residences located within 100 feet of the facility.
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(b) During the first year of operation of a facility authorized under this Chapter, the owner, manager, and community relations representative from each such facility must attend a monthly meeting with the C ity Manager or their designee to discuss costs, benefits and other community issues arising as a result of implementation of the Certificate of Approval authorized by this Chapter. After the first year of operation, the owner, manager, and community relations representative from each s uch facility must meet with the City Manager or their designee when and as requested by the C ity Manager or their designee, with reasonable notice.

.

Section 9.60.460. Fees Deemed Debt to the City of National City.

The amount of any fee, cost or charge imposed pursuant to this Chapter shall be deemed a debt to t he City of National City that is recoverable via an authorized administrative process as set forth in the City ordinance, or in any court of competent jurisdiction.

Section 9.60.470. Responsibility for Violations.

All Responsible persons pursuant to this Chapter shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City of National City, whether committed by the property owner, permittee or any employee or agent of the property owner or permittee, which violations occur in or about the premises of the commercial cannabis business whether or not said violations occur within t he permit holder’s presence.

Section 9.60.480. Inspection and Enforcement.

(a) The City Manager, or their designee charged with enforcing the provisions of the City of National City Municipal Code, or any provision thereof, may enter the location of a commercial cannabis business at any time, without notice, to check for compliance with all state and local laws and inspect the location of any commercial cannabis business as well as any recordings and records required to be maintained pursuant to this Chapter or under applicable provisions of State law.

(b) It is unlawful for any responsible persons, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a commercial cannabis business under this Chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a commercial cannabis business under this Chapter or under state or local law.
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(c) The City Manager, or their designee charged with enforcing the provisions of this Chapter may enter the location of a commercial cannabis business at any time during the hours of operation and without notice to obtain samples of the cannabis to t est for public safety purposes. Any samples obtained by t he City of National City shall be logged, recorded, and maintained in accordance with established procedures by the City of National City’s City Manager or their designee or these regulations.

Section 9.60.490. Compliance with State Regulations.

It is the stated intent of this Chapter to regulate commercial cannabis activity in the City of National City in compliance with all provisions MAUCRSA and any subsequent state legislation.

Section 9.60.500. Violations Declared a Public Nuisance.

Each and every violation of the provisions of this Chapter is hereby deemed unlawful and a public nuisance and may be enjoined civilly or administratively . In addition, and to the extent not expressly provided elsewhere in this code, it is unlawful and a misdemeanor to maintain a public nuisance.

Section 9.60.510. Each Violation a Separate Offense.

Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the City of National City.

Additionally, as a nuisance per se, any violation of this Chapter shall be subject to injunctive relief, any permit issued pursuant to this Chapter being deemed null and void, disgorgement and payment to the City for any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The City of National City may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the commercial cannabis business or persons related to, or associated with, the commercial cannabis activity.

Section 9.60.520. Serious Violations Grounds for Immediate Suspension of License or Permit.

The City shall retain the authority, pursuant to Chapter 1.12, to address serious violations that rise to the level of posing an imminent threat to the public health, safety or welfare of the City, by immediately suspending the commercial cannabis license or permit issued by the City with a stop order. Such action by the City may be appealed pursuant to Sections

9.60.380 to 9.60.400 of this Chapter.

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Section 9.60.530. Criminal Penalties.

Each and every violation of the provisions of this Chapter may in the discretion of the District Attorney or City Attorney be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the County jail for a period of not more than twelve (12) months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.

Section 9.60.540. Remedies Cumulative and Not Exclusive.

(a) The remedies provided herein are not to be construed as exclusive remedies. The City of National City is authorized to pursue any proceedings or remedies provided by law.

(b) The City A ttorney may, in addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal, or enjoinment thereof, in any manner provided by law,
PASSED and ADOPTED this 4TH day of May, 2021.
__________________________
Alejandra Sotelo-Solis, Mayor

ATTEST:
_____________________________
Luz Molina, City Clerk

APPROVED AS TO FORM:

_____________________________
Charles E. Bell Jr., City Attorney

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The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California, authorizing various fiscal year 2022 mid- year budget adjustments. (Finance)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
- ,___VQQILNQILAfiEflDASLTAIEMENT
MEETING DATE: MarCh 15, 2022 _ AGENDA ITEM NO.:

ITEM TITLE:

Resolution of the CityCouncil of the Cityof NationalCityauthorizingvariousfiscalyear 2022 mid-year budget adjustments.

Molly Brennan, AdministrativeServices Director
PREPARED BY: Paul Valadez, BUdget Manager DEPARTMENT: Finane] % . pHouE;619-336-4332 APPROVEDBY: id f
EXPLANATION: .

See attached staffreport.

FINANCIALSTATEMENT: APPROVED: FINANCEACCOUNT NO. APPROVED: MISSee attached staffreport. _

ENVIRONMENTAL REVIEW: - ,
This isnot a projectand, therefore,not subject to environmental review.

ORDINANCE: INTRODUCTION[:l FINALADOPTIONI:|

STAFF RECOMMENDATION:

Accept the staffreportand adopt the resolutionauthorizingfiscalyear 2022 mid-year budget adjustments.

BOARD ICOMMISSION RECOMMENDATION:

ATTACHMENTS:

1. Staffreport

2. Resolution

3. Exhibit“A” - Recommended Mid-Year Budget Adjustments, FiscalYear 2022

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City Council Staff Report
M
arch 15, 2022
I
TEM
S
taff Report: Fiscal Year 2022 Mid-Year Budget Review
B

ACKGROUND
Th
is report provides a mid-year look at the status of the City’s General Fund Budget. A first quarter status report was provided on November 16, 2021. In addition, the report recommends various budget adjustments.

DI

SCUSSION
Sum
mary
T
he adopted fiscal year 2022 General Fund budget authorized a use of $3.8 million of unassigned fund balance in order to continue to provide necessary services to the residents of the City of National City. Based on an analysis of year-to-date actual revenues and expenditures and projected financial activity through year-end, the unassigned fund balance is projected to grow by $0.3 million, a $4.1 million change from the authorized amount. The following sections of this report will discuss the significant factors leading to the variance.

R
evenues
F
or fiscal year 2022, General Fund revenues are expected to be greater overall than amounts budgeted by $7.9 million. The projected variances by revenue category are shown in Table A below.
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