National City City Council
February 7, 2023

Service Agreement Page 24 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

EXHIBIT A

DEPICTION OF THE PREMISES
(PRIOR TO CONSTRUCTION)

DocuSign Envelope ID: AC7BCC50-E1FA-4DFD-AFE3-9F035B101F54

2022 2022 2022 2022 2022 2022 2023 2023 2023 2023 2023 2023 Budget Q1/2 Fiscal 22/23 July August September October November December January February March April May June Totals Expenses
Payroll and Staffing Expenses
Salary-Managers 5,350.00 5,350.00 5,350.00 5,350.00 5,350.00 5,350.00 6,800.00 5,700.00 5,700.00 5,700.00 5,700.00 5,700.00 $32,100.00 Wages-Guards for lap/recreational swim 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,000.00 4,000.00 8,000.00 $16,000.00 Wages-Administrative staff for recreational swim/public access 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,000.00 3,000.00 3,000.00 $9,000.00 Wages- Swim Lessons 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,000.00 4,000.00 6,000.00 $14,000.00 Wages- Masters 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 850.00 850.00 850.00 $2,550.00 Wages-Swim Team 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 Wages-Courses/Certification/Clinics 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 750.00 750.00 750.00 $2,250.00 Wages-Guards for Sweetwater Unified High School District programs 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,250.00 1,250.00 0.00 $2,500.00 Wages-Guards for Rental Groups 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,400.00 1,400.00 1,400.00 $4,200.00 Wages-Aquatic Group Exercise Classes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 850.00 850.00 850.00 $2,550.00 Payroll Burden-24% of payroll 1,284.00 1,284.00 1,284.00 1,284.00 1,284.00 1,284.00 1,632.00 1,368.00 1,368.00 5,232.00 5,232.00 6,372.00 $28,908.00 Sub-Total 6,634.00 6,634.00 6,634.00 6,634.00 6,634.00 6,634.00 8,432.00 7,068.00 7,068.00 27,032.00 27,032.00 32,922.00 $114,058.00 Marketing and Administrative Costs
Adv & Mktg-Other 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 50.00 300.00 300.00 300.00 $950.00 Dues & Membership 215.00 215.00 215.00 215.00 215.00 215.00 215.00 300.00 300.00 200.00 200.00 200.00 $2,705.00 Meeting Expense (manadatory monthly staff meetings) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,000.00 500.00 500.00 500.00 $2,500.00 Uniforms 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,000.00 0.00 0.00 0.00 0.00 $1,000.00 Locker Room Supplies/Janitorial 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100.00 100.00 100.00 $300.00 Office Supplies & Expenses 0.00 0.00 0.00 0.00 0.00 0.00 0.00 500.00 250.00 150.00 150.00 150.00 $1,200.00 Travel-Mileage Reimbursement/Parking/Tolls 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 40.00 40.00 40.00 $120.00 Program Supplies & Expenses 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 500.00 300.00 300.00 300.00 $1,400.00 Sub-Total 215.00 215.00 215.00 215.00 215.00 215.00 215.00 1,800.00 2,100.00 1,590.00 1,590.00 1,590.00 $10,175.00 Base Management Fee 1,365.00 1,365.00 1,365.00 1,365.00 1,365.00 1,365.00 1,365.00 5,200.00 5,200.00 5,200.00 5,200.00 5,200.00 $35,555.00 Sub Total Expenses 8,214.00 8,214.00 8,214.00 8,214.00 8,214.00 8,214.00 10,012.00 14,068.00 14,368.00 33,822.00 33,822.00 39,712.00 $195,088.00 49,284.00 145,804.00
Revenue Targets:

Swim Lessons
Public Swim (Group Ex, Lap Swim, Rec Swim)
Red Cross Trainings
Rentals
Total Revenue Target50,500.00
Las Palmas Pool Budget
July-December= January-June=
$25,000
$7,500
$6,000
$12,000

RESOLUTION NO. 2023 -

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

AUTHORIZING THE MAYOR TO EXECUTE A SERVICE AGREEMENT BETWEEN THE CITY

OF NATIONAL CITY AND EXOS COMMUNITY SERVICES, LLC, TO PROVIDE AQUATIC PROGRAMS AND SERVICES AT LAS PALMAS POOL LOCATED AT 1800 EAST 22ND STREET IN NATIONAL CITY.

WHEREAS, EXOS Community Services, LLC, has provided aquatics programs and services at Las Palmas Pool since 2015; and
WHEREAS, Las Palmas Pool is undergoing extensive reno vation and should be re - opened to National City residents in late Spring of 2023 with full aquatic programs and services; and
WHEREAS, EXOS Community Services LLC is prepared to create programming and enhance revenue generation due to opportunities provided by the widened pool; and WHEREAS, the parties again wish to enter into an Agreement to provide aquatics programs and services by entering into a Service Agreement for the term from February 7, 2023 to June 30, 2027.

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

Section 1: That the City Council hereby authorizes the Mayor to execute a Service Agreement between the City of National City and EXOS Community Services, LL C, to provide aquatic programs and services at Las Palmas Pool located at 1800 East 22nd Street, attached to the Agenda Report as Exhibit A.

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

PASSED and ADOPTED this _____ day of February, 2022

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, Interim City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT

Department: Engineering/Public Works
Prepared by: Luca Zappiello, Assistant Engineer Civil Meeting Date: Tuesday, February 7, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Memorandum of Agreement between the California Department of Transportation and the City of National City for the preparation and approval of the environmental document for the I -5/SR- 15/Harbor Drive 2.0 Connected Corridor project.

RECOMMENDATION:

Resolution of the City Council of the City of National City, California, Authorizing City Manager or Designee to Execute a Memorandum of Agreement between the California Department of Transportation and the City of National City for the Preparation and Approval of the Environmental Document for the I-5/SR-15/Harbor Drive 2.0 Connected Corridor Project.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The California Department of Transportation (Caltrans) desires to enter into a 5 -year Memorandum of Agreement (MOA) with the City of National City (City) for the preparation and approval of the environmental document for the I -5/SR-15/Harbor Drive 2.0 Connected Corridor project in anticipation of future funding to be identified. The former Mayor of the City of National City, Alejandra Sotelo-Solis has expressed strong support for this project (see attachment).

This project proposes to introduce connected all -day and off -peak dedicated truck lanes and Intelligent Transportation Systems (ITS) technologies along Harbor Drive and connecting arterials to I-5 and SR-15 in San Diego and National City to address community concerns of truck traffic in residential communities while improving connections and travel times between the Working Waterfront, I-5 and SR-15, and intermodal freight facilities. The proposed ITS improvements will support the development of a connected and sustainable freight corridor, improve access and circulation, manage truck travel on designated routes, and expand transportation mobility options for the working waterfront.

The attached MOA outlines the terms and responsibilities of both parties where the City will participate as a member of the Project Development Team. Contribution from the City will be in the form of in -kind staff resources, as the MO A requires that the City actively participate in the entire process as a reviewer. Caltrans is also requesting that the City contribute to this project by issuing encroachment approvals.

Staff has reviewed the MOA, and is in agreement with the terms.

Staff recommends Council adopt the resolution authorizing City Manager or designee to execute MOA between Caltrans and the City of National City.

FINANCIAL STATEMENT:

No matching City funds required at this time.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Health, Environment, and Sustainability

ENVIRONMENTAL REVIEW:

This is a project under CEQA and requires the preparation of an Initial Study. CCR15063.

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Agreement
Exhibit B – Letter of Support
Exhibit C - Resolution

Memorandum of Agreement
Between
the City of National City and
the California Department of Transportation

Subject: Preparation and Approval of the Environmental Document for the I-5/SR-15/Harbor Drive 2.0 Connected Corridor Project

I. Purpose
This AGREEMENT is entered into this ____ day of ______________, 2023 by the City of National City and the California Department of Transportation (CALTRANS), (each as an “AGENCY” or a “LEAD AGENCY”).

This Memorandum of Agreement, and such supplements as may be agreed to, provides the basis for cooperative efforts between the City of National City and CALTRANS and through their respective activities in San Diego, California, in the development and completion of appropriate required California Environmental Quality Act (CEQA) (42 U.S.C. Section 4321 et seq.) and the National Environmental Policy Act (NEPA; 42 U.S.C 4321 et seq.) analysis and documentation, in support of the required environmental planning for the I-5/SR-15/Harbor Drive 2.0 Connected Corridor (Harbor Drive 2.0) Project.

Parties are authorized to enter into this agreement for improvements to the State Highway System per the California Streets and Highways Code sections 114 and 130. California Government Code 14030 allows Caltrans to assist other agencies with transportation improvements.

II. Background
Harbor Drive currently experiences high levels of congestion that slow down Port and Naval operations and produce downstream impacts on Portside Environmental Justice Neighborhoods. Neither Harbor Drive nor it’s connecting arterials currently have Intelligent Transportation System (ITS) technologies and signal prioritization installed. This has resulted in most intersections fai ling to clear vehicles during peak hour traffic. Additionally, e quity and sustainability remain critical issues for Portside E nvironmental Justice Neighborhoods with emphasis on emissions, noise, and safety emanating from the Working Waterfront truck and vehicular traffic.

This project proposes to introduce connected all -day and off -peak dedicated truck lanes and Intelligent Transportation Systems technologies along Harbor Drive and connecting arterials to I -5 and SR-15 in San Diego and National City to ad dress community concerns of truck traffic in residential communities while improving connections and travel times between the Working Waterfront, I -5 and SR-15, and intermodal freight facilities. The proposed ITS improvements will support the development o f a connected and

sustainable freight corridor, improve access and circulation, manage truck travel on designated routes, and expand transportation mobility options for the working waterfront.

III. Responsibilities of the Federal Lead Agency
California participated in the "Surface Transportation Project Delivery Pilot Program" (Pilot Program) pursuant to 23 USC 327, for more than five years, beginning July 1, 2007 and ending September 30, 2012. Under the 2007 Pilot Program Memorandum Of Understanding (MOU), FHWA assigned, and Caltrans assumed, all of the USDOT Secretary's responsibilities under NEPA. The Caltrans 327 MOU is now renewable every 10 years. The most recent MOU under the permanent program is dated May 27, 2022.

CALTRANS, as a Federal Lead Agency, shall involve the public, state, tribal, and local governments, relevant agencies, and any applicants, to the extent practicable in the environmental review process. The Lead Agency shall:

A. NEPA encourages public participation. The degree of public participation and the means of soliciting public input are determined on a case specific basis, taking into consideration the results of public participation efforts at the planning and programming stages and the degree of public interest or controversy [23 CFR 771.119(b)]. The Lead Agency must also provide increased oversight in managing the process and resolving issues.

B. Send letters to the appropriate Local Agencies inviting them to become Responsible Participating Agencies.

C. Review and approve final technical studies and the draft Initial Study prior to public circulation.

D. Use the environmental analysis and proposals of Responsible Agencies with jurisdiction by law or special expertise, to the maximum extent possible consistent with its responsibility as Lead Agency.

E. Meet with a Responsible Agency at the latter’s request.

F. The Implementing Agency for a Project Component will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete work.

IV. Responsibilities of Local Responsible Agency
By definition, a Local Responsible Agency is any Local agency, other than the lead agency, that has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposed project or project alternative. Responsible agencies have a higher degree of authority, responsibility, and involvement in the environmental review process.

The City of National City, as a Responsible Agency, shall A. Participate in the CEQA process at the earliest possible time.

B. Participate in the scoping process.

C. Make available staff support at the Lead Agency’s request to enhance the latter’s interdisciplinary capability.

D. Normally use its own funds. The Lead Agency shall, to the extent available funds permit, fund those major activities or analyses it requests from responsible agencies. Potential Lead Agencies shall include such funding requirements in their budget request.

E. Participate as a member of the Project Development Team (PDT), as resources internal to the City of National City permit, focusing its efforts on the development of the Initial Study under CEQA.

F. The City of National City shall provide review and comment of the Draft Initial Study and the Final environmental document.

G. The City of National City will issue upon proper application, the encroachment permits required for WORK within the City of National City’s right-of-way. Contractors and or agents, and utility owners will not work within the City of National City’s right-of-way without an encroachment permit issued in their name. The City of National City will provide encroachment permits to PARTIES, their contractors, consultants, and agents at no cost.

V. Schedule for Preparation of the Initial Study
The detailed tentative schedule has been set forth in “Attachment A” which is attached hereto and incorporated herein by this reference as through fully set forth in length.

VI. GENERAL AGREEMENTS (Modification and Termination)

A. The City of National City and CALTRANS further agree to take whatever steps they deem necessary, including further agreements or amendments to this agreement, in order to fulfill the purpose of this agreement.

B. Any inconsistencies identified by one party shall be brought to the other’s attention in writing at the earliest opportunity.

C. Changes deemed necessary by parties will be accomplished by a written amendment or revision to this MOA, prepared by the legal representatives identified at Section VII.

D. The points of contact of the Agencies participating in this MOA must be informed and provided copies of any modifications or supplements to this MOA.

E. CALTRANS shall maintain the original MOA and any modifications and/or supplements.

The agencies may terminate their participation in this Agreement upon thirty (30) days written notice served upon the other parties. The party electing to terminate the Agreement shall state in writing its reason for desiring the termination and provide such to the other parties. During the ensuing (30) day period, all parties shall actively attempt to resolve any disagreements so that the termination of this Agreement may be avoided.

VII. Agency Points of Contact for Memorandum of Agreement CALTRANS Point of Contact:

Nikki Tiongco, Project Manager
CALTRANS District 11
4050 Taylor Street, MS-122
(619) 909-6308
Glenn Mueller, Assistant Chief Counsel
CALTRANS District 11
4050 Taylor Street, MS-130
San Diego, CA 92110
(619) 688-6122
Gustavo Dallarda, District Director
CALTRANS District 11
4050 Taylor Street
San Diego, CA 92110
(619) 688-6668
City of National City Point of Contact:

Roberto Yano
Director of Public Works/City Engineer
City of National City
(619) 336-4380

VIII. Other Provisions

A. Any activities undertaken by the parties pursuant to this MOA are subject to the availability of appropriated funds and proper authorization under existing and future fiscal law authorities.

B. If Hazardous Materials (HM) HM-1 or HM-2 is found, the discovering party will immediately notify all other parties.

C. The City of National City, independent of the project, is responsible for any HM-1 found within the City of National City’s right-of-way. The City of National City will undertake, or cause to be undertaken, HM-1 Management with minimum impact to the project schedule.

D. If HM-1 is found within the project limits and outside the existing State Highway System right-of-way, responsibility for such HM-1 rests with the owner(s) of the parcel(s) on which the HM-1 is found. FHWA, in concert with the local agency having land use jurisdiction, will ensure that HM-1 Management is undertaken with minimum impact to project schedule.

E. Nothing herein is intended to conflict with applicable law or the current directives of any participating Agency. If the terms of this MOA are inconsistent with applicable law or existing directives of either of the parties entering into the MOA, then those portions of the

MOA which are determined to be inconsistent shall be invalid; but the remaining terms and conditions not affected by inconsistency shall remain in full force and effect.

F. This agreement shall be reviewed by both parties three years after the date of execution for any modifications or additions.

G. This agreement will expire five years after the date of execution. The parties may mutually agree to extend the date of the agreement prior to its natural expiration date.

IX. Execution of Agreement
A. This agreement is being executed in counterpart originals by these parties by their signature and date:

____________________________________________
Gustavo Dallarda
District 11 Director

____________________________________________
Roberto Yano
Director of Public Works/City Engineer, City of National City

RESOLUTION NO. 2023 -

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

CALIFORNIA, AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A

MEMORANDUM OF AGREEMENT BETWEEN THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION AND THE CITY OF NATIONAL CITY FOR THE PREPARATION AND APPROVAL OF THE ENVIRONMENTAL DOCUMENT FOR THE I-5/SR- 15/HARBOR DRIVE 2.0 CONNECTED CORRIDOR PROJECT.

WHEREAS, the California Department of Transportation (Caltrans) desires to enter into a 5 year Memorandum Of Agreement (MOA) with the City of National City (City) for the preparation and approval of the environmental document for the I-5/SR-15/Harbor Drive 2.0 Connected Corridor project in anticipation of future funding to be identified; and

WHEREAS, the former Mayor of the City of National City, Alejandra Sotelo -Solis expressed strong support for this project; and
WHEREAS, this project proposes to introduce connected all -day and off -peak dedicated truck lanes and Intelligent Transportation Systems (ITS) technologies along Harbor Drive and connecting arterials to I-5 and SR-15 in San Diego and National City to address community concerns of truck traffic in residential communities while improving connections and travel times between the Working Waterfront, I -5 and SR -15, and intermodal freight facilities; and
WHEREAS, the proposed ITS improvements will support the de velopment of a connected and sustainable freight corridor, improve access and circulation, manage truck travel on designated routes, and expand transportation mobility options for the working waterfront; and
WHEREAS, the attached MOA outlines the terms an d responsibilities of both parties where the City will participate as a member of the Project Development Team; and
WHEREAS, contribution from the City will be in the form of in-kind staff resources, as the MOU requires that the City actively participate in the entire process as a reviewer; and
WHEREAS, Caltrans is also requesting that the City contribute to this project by issuing encroachment approvals; and
WHEREAS, staff has reviewed the MOA, and is in agreement with the terms; and WHEREAS, staff rec ommends Council adopt the resolution authorizing City Manager or designee to execute MOA between Caltrans and the City of National City.

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

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

Section 1: That the City Council hereby authorizes the City Manager or designee to execute a Memorandum of Agreement between the California Department of Transportation and the City of National City, attached to the Agenda Report as Exhibit A for the preparation and approval of the environmental document for the I-5/SR-15/Harbor Drive 2.0 Connected Corridor project.

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

PASSED and ADOPTED this 7th day of February, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, Interim City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT

Department: Engineering/Public Works
Prepared by: Roberto Yano, Director of Public Works/City Engineer Meeting Date: Tuesday, February 7, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Acceptance of a Grant of Easement and Right-of-Way from National Plaza LLC and Plaza Blvd LLC for the private street commonly known as a portion of N Avenue, for the installation of bicycle lanes and other improvements associated with the Central Community Mobility Enhancements

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Accepting and Authorizing the City Manager to Sign a Grant of Easement and Right-of-Way from National Plaza LLC, and Plaza Blvd LLC, for the private street commonly known as a portion of N Avenue, for the installation of bicycle lanes and other improvements associated with the Central Community Mobility Enhancements Project, CIP No. 19-23.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the Central Community Mobility Enhancements Project. T he project will provide approximately 1.7 miles of bicycle facilities providing north -south connections through the Central, Olivewood and Las Palmas neighborhoods in National City (see Exhibit 1), including N Avenue north of Plaza Boulevard for pedestrian and emergency vehicle, which currently does not exist . On January 30, 2019, the California Department of Transportation (Caltrans) awarded a $1,286,000 State Active Transportation Program (ATP) grant for the Central Community Mobility Enhancements Project and in March 2020, Caltrans provided the agreement to the City for execution.

On October 6, 2022, Caltrans issued an Authorization Letter allocating $148,000 ($104,000 for the Plans, Specifications, and Estimate (PS&E) phase, and $44,000 for the Right -of-Way (R/W) phase) with a local match of $22,000 ($16,000 PS&E phase, and $6,000 R/W phase). City Council Appropriated the Funds for this work on November 15, 2022. Once the PS&E and R/W phases are complete, staff will return to the City Council for the appropriation of the Construction fund.

The project corridor is located on L Avenue (30th Street to 16th Street), N Avenue (16th Street to Plaza Boulevard), and M Avenue (Plaza Boulevard to 4th Street). Currently, a portion of N Avenue within the project limits exists as a private street – through the retail area commercially known as “Bay Plaza Shopping Center” located at 1130-1302 East Plaza Boulevard – under the ownership of two private entities, Plaza Blvd LLC and National Plaza LLC. In order to complete the project, the City has negotiated with the private owners to obtain an easement for the private street commonly known as a portion of N Avenue. The Grant Easement and Right-of-Way (see Exhibit

2) contains the graphical depiction and legal description of the are a. The Easement will be granted in perpetuity and at no cost; the City agrees to undertake all repair and maintenance of the street, operating as a public right of way. The scope of the CCME project, and the associated ATP funds awarded, includes the initial improvements to this portion of N Avenue.

Staff recommends accepting and approving the recordation of the Grant of Easement and Right- of-Way.

FINANCIAL STATEMENT:

No matching City funds required.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Transportation Choices and Infrastructure

ENVIRONMENTAL REVIEW:

This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c).

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

1. Project Improvement Map

2. Easement and Right of Way Agreement

3. Resolution

Central
Elementary
School
Plaza
Commercial
Area
National
City
Middle School
John A Otis
Elementary
School
Sweetwater
Union
High School
Olivewood
Elementary
School
Las Palmas
Park
Sweetwater
Shopping
Plaza
Walmart
Las Palmas
Elementary
School
Kimball
Park
Senior
Housing
Plaza Village
Senior Living
4th Street
8th Street
Plaza Boulevard
16th Street 18th Street 24th Street
30th Street
Palm Avenue
Highland Avenue
D Avenue
M Avenue
N Avenue
L Avenue
City of
National City
805
N Avenue Infrastructure Gap
Class III Bike Route
4th Street, National City
Class II Bike Lane
4th Street, National City
Bicycle Boxes
D Ave & 18th St, National City
Bike Boxes
Bike Boxes
Highest employment
density in National City
LEGEND
Note: Bicycle Loop Detectors to be installed
at all signalized intersections
* Refer to Bike Master Plan
Class II - Bike Lane
Install two 6’ Buffered Bicycle Lanes
Class III - Bike Route
Install Sharrows and Signage
New Sidewalk
Existing Class II - Bike Lane
Existing Class III - Bike Route
Existing Class II In Design
Future Class I, II, or III Bikeway*
Future Pedestrian Path*

PROPOSED IMPROVEMENTS

BIKE FACILITIES
OTHER
Existing Bus Stop
Future BRT Station - SBBRT (2030)
Existing Super Markets
&ʑQʤUɪɗ&ʝPʛʦʜLʤɨ0ɼʍɵʙLʤɨ(ɻKʋQȪʑȷʑQWɡ
Project Improvement Map
July 2018Page 154 of 363

RESOLUTION NO. 2023 -

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

ACCEPTING AND AUTHORIZING THE CITY MANAGER TO SIGN A GRANT OF EASEMENT

AND RIGHT -OF-WAY FROM NATIONAL PLAZA LLC AND PLAZA BLVD LLC FOR THE

PRIVATE STREET COMMONLY KNOWN AS A PORTION OF N AVENUE FOR THE

INSTALLATION OF BICYCLE LANES AND OTHER IMPROVEMENTS ASSOCIATED WITH THE CENTRAL COMMUNITY MOBILITY ENHANCEMENTS PROJECT, CIP NO. 19-23.

WHEREAS, in July 2018, staff submitted a Cycle 4 Active Transportation Program (ATP) grant application to the California Department of Transportation (Caltrans) for the Central Community Mobility Enhancements Project (“Project”); and WHEREAS, the Project will provide approximately 1.7 miles of bicycle facilities providing north-south connections through the Central, Olivewood and Las Palmas neighborhoods in National City; and
WHEREAS, on January 30, 2019, the California Department of Transportation (Caltrans) awarded a $1,286,000 State Active Transpor tation Program (ATP) grant for the Central Community Mobility Enhancements Project; and
WHEREAS, on March 26, 2020, Caltrans provided the agreement to the City for execution; and
WHEREAS, on June 2, 2020, the City Council authorized the Mayor to execute Program Supplement Agreement (PSA) No. U52 with the State of California Department of Transportation (Caltrans) for the Central Community Mobility Enhancements Project to allow for reimbursement of up to $43,000 in eligible project expenditures through the State Active Transportation Program (ATP) and authorized the establishment of an Engineering Grant Funds appropriation of $43,000 and corresponding revenue budget; and
WHEREAS, on October 6, 2022, Caltrans issued an Authorization Letter allocating $148,000 ($104,000 for the Plans, Specifications, and Estimate (PS&E) phase, and $44,000 for the Right-of-Way (R/W)) with a local match of $22,000 ($16,000 PS&E phase, and $6,000 R/W phase); and
WHEREAS, on November 15, 2022, the City Council accepted of Federal Active Transportation Grant funds for the Plans, Specifications, and Estimate (PS&E) and Right-of-Way (R/W) phases, for the Central Community Mobility Enhancements Project; and established a revenue and expenditure account in the amount of $148,000; and a ppropriated funds in the amount of $22,000; and
WHEREAS, once the PA&ED and PS&E phases are complete, staff will return to the City Council for the appropriation of the Construction funds; and WHEREAS, the P roject corridor is located on L Avenue (30th Street to 16th Street), N Avenue (16th Street to Plaza Boulevard), and M Avenue (Plaza Boulevard to 4th Street); and WHEREAS, a portion of N Avenue within the Project limits exists as a private street under the ownership of two private entities, Plaza Blvd LLC and National Plaza LLC; and

WHEREAS, the City has negotiated with the private owners to obtain an easement for the private street commonly known as a portion of N Avenue, which is described in the Grant of Easement and Right-of-Way; and
WHEREAS, the Easement will be granted in perpetuity and at no cost, and the City agrees to undertake all repair and maintenance of the street, operating as a public right-of-way.

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

Section 1: That the City Council hereby a dopt the Resolution accepting and authorizing the City Manager to sign a Grant of Easement and Right-of-Way from National Plaza LLC and Plaza Blvd LLC , attached to the Agenda Report as Exhibit 2, for the private street commonly known as a portion of N Avenue, for the installation of bicycle lanes and other improvements associated with the Central Community Mobility Enhancemen ts Project, CIP No. 19-23.

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

PASSED and ADOPTED this 7th day of February, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, Interim City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT

Department: City Clerk's Office
Prepared by: Shelley Chapel, Interim City Clerk
Meeting Date: Tuesday, February 7, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Semi-Annual Report – Boards, Commissions, and Committee Attendance Report – Includes Fourth Quarter and Full Calendar Year 2022

RECOMMENDATION:

Receive and file.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On November 16, 2021, the City Council adopted u pdates to City Council Policy #107 Appointments to Boards, Commissions, and Committees (BCC). Section D, 14 Resignations, Attendance, Training and Removals provides for the City Clerk to prepare a report to Council on the attendance of BCC members. This report of attendance is prepared in February and August prior to the end of term rotation and expirations. The attendance is evaluated as follows:

1. A Commissioner or Member of a BCC with unexcused absences from three (3) consecutive regularly scheduled meetings.

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

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

Excused Absences are considered under certain circumstances.

FINANCIAL STATEMENT:

Not applicable.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Attendance Report
Exhibit B – City Council Policy No. 107

EXPLANATION
On November 16, 2021, the City Council adopted Updates to City Council Policy #107 Appointments to Boards, Commissions, and Committees (BCC). Section D, 14 Resignations, Attendance, Training and Removals provides for the City Clerk to prepare a report to Council on the attendance of BCC members.

Attendance is evaluated as follows:

1. A Commissioner or Member of a BCC with unexcused absences from three consecutive regularly scheduled meetings.

2. A Commissioner or Member of a B CC m isses more than 25% of the advisory body’s meetings in a calendar year.

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

Excused Absences are considered under certain circumstances.

SUMMARY OF BCC ATTENDANCE
Fourth Quarter and Calendar Year Totals
Civil Service Commission consists of 5 members (Currently one (1) vacancy). Their meetings are held the Second Wednesday of every other month at 5:30 p.m. in the Large Conference Room at City Hall.

Fourth Quarter of 2022 the Commission scheduled a total of 8 meetings, with seven (7) of those being Special Meetings. One (1) meeting was cancelled due to lack of agenda items.

Members: Fourth Quarter
Present
Fourth Quarter
Absent
2022 Meetings
Present
2022 Meetings
Absent
Paul Wapnowski, Chair 7 0 17 0
Rafael Courtney, Vice-Chair 7 0 17 0
Leslie Coyote 7 0 13 4
Thomas Luna 7 0 15 2

Community & Police Relations Committee consists of eight (8) members with one (1) being a staff member . Their meetings are held the Third Thursday of February, May, August and November at 6:00 p.m. in the Council Chamber at City Hall.

Fourth Quarter of 2022 the Committee scheduled one (1) meeting.

Members: Fourth Quarter
Present
Fourth Quarter
Absent
2022 Meetings
Present
2022 Meetings
Absent
Michael Lesley, Chair 1 0 4 0
Marianne Delatorre, Vice-Chair 1 0 2 2
Zachary Francisco-Gomez 1 0 4 0
Emiliano Nunez 0 1 2 2
Daniel Orth 1 0 4 0
William Phillips (Appointed March 2022) 1 0 3 0
Andy Y. Sanchez 1 0 4 0

Board of Library Trustees consists of five (5) members, and one (1) alternate (currently two vacancies). Their meetings are held the First Wednesday of every month at 5:30 p.m. via Zoom.

Fourth Quarter of 2022 the Board scheduled three (3) meetings, one (1) meeting was cancelled due to a lack of quorum.

Members: Fourth Quarter
Present
Fourth Quarter
Absent
2022 Meetings
Present
2022 Meetings
Absent
Margaret Godshalk - President 2 0 12 0
H. Bradley Bang, Vice-President 2 0 12 0
Coyote Moon 2 0 11 1
Anzueth G. Zambrano 2 0 10 2

Park, Recreation & Senior Citizens Advisory Committee consists of seven (7) members. Their meetings are held the Third Thursday of every month at 4:00 p.m. via Zoom.

Fourth Quarter of 2022 the Committee scheduled two (2) meetings, both meetings were cancelled due to a lack of quorum.

Members: Fourth Quarter
Present
Fourth Quarter
Absent
2022 Meetings
Present
2022 Meetings
Absent
Nora McMains, Chair 0 0 2 2
Florfina Arce 0 0 4 0
Liliana Armenta 0 0 3 1
Joseph Crawford 0 0 4 0
Reuben Felizardo 0 0 4 0
Jennelyn Luna(Appointed Sept 2022) 0 0 0 0
Ignacio Navarro Jr. 0 0 2 2

Planning Commission consists of seven (7) members (Currently One (1) vacancy) . Their meetings are held the First and Third Monday of every month at 6:00 p.m. via Zoom.

Fourth Quarter of 2022 the Commission scheduled five (5) meetings, two (2) meetings were cancelled.

Members: Fourth
Quarter
Present
Fourth
Quarter
Absent
2022 Meetings
Present
2022 Meetings
Absent
Ricardo Sanchez, Vice-Chair 2 1 7 4
Randi Marie Castle (Appointed March 2022) 3 0 8 1
Richard Martin Miller (Appointed March 2022) 3 0 8 1
Luis Natividad 1 2 8 3
William J. Sendt 3 0 11 0
Claudia E. Valenzuela 3 0 9 2

Public Art Committee consists of five (5) members and one (1) alternate (Alternate is Vacant).

Their meetings are held the Fourth Tuesday of January, April, July and October at 3:00 p.m. via Zoom.

Fourth Quarter of 2022 the Committee scheduled one (1) meetings.

Members: Fourth Quarter
Present
Fourth Quarter
Absent
2022 Meetings
Present
2022 Meetings
Absent
William A. Virchis, Chair 1 0 5 0
Ryan Johnson (Appointed Sept. 2022) 1 0 1 0
Jose A Lopez 1 0 5 0
Charles Reilly (Appointed Feb. 2022) 1 0 3 1
Jacqueline Schliapnik 0 1 4 1

Traffic Safety Committee consists of five (5) members. Their meetings are held the Second Wednesday of every month at 1:00 p.m. via Zoom.

Fourth Quarter of 2022 the Commi ttee scheduled three (3) meetings, two (2) meetings were cancelled due to lack of items.

Members: Fourth Quarter
Present
Fourth Quarter
Absent
2022 Meetings
Present
2022 Meetings
Absent
Ryan Whipple, Chair 1 0 4 0
Christopher Coyote 1 0 4 0
Kelly Piper (Appointed Sept. 2022) 1 0 2 0
Cynthia Fuller Quinonez
(Appointed Sept. 2022)
1 0 2 0
Marisa Rosales 1 0 4 0

Housing Advisory Committee consists of nine (9) members of the Planning Commission (Currently one (1) Vacancy) and two (2) additional members. Their meetings are held the Third Monday of every month at 6:00 p.m. via Zoom.

Fourth Quarter of 2022 the Committee scheduled two (2) meetings, one (1) meeting was cancelled due to a lack of agenda items.

Members: Fourth Quarter
Present
Fourth Quarter
Absent
2022 Meetings
Present
2022 Meetings
Absent
Ricardo Sanchez, Vice-Chair 1 0 1 0
Randi Marie Castle
(Appointed March 2022)
1 0 2 0
Richard Martin Miller
(Appointed March 2022)
1 0 1 0
Luis Natividad 1 0 2 0
Damian Alexander Roman 1 0 2 0
William J. Sendt 1 0 2 0
Mayra A. Valadez
(Appointed March 2022)
1 0 1 0
Claudia E. Valenzuela 1 0 2 0

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

PURPOSE

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

Mayor’s Appointments:

1. Board of Library Trustees

2. Community and Police Relations Commission

3. Park, Recreation, and Senior Citizens Advisory Committee

4. Public Art Committee

5. Sweetwater Authority

6. Traffic Safety Committee

7. Veterans and Military Families Advisory Committee

City Council Appointments:

1. Civil Service Commission

2. Planning Commission

3. Housing Advisory Committee including Ex-Officio Members

4. Port Commission

POLICY

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

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

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

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

Unscheduled vacancy. An unscheduled vacancy shall be filled according to

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

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

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

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

1. Civil Service Commission

2. Planning Commission

3. Housing Advisory Committee including Ex-Officio Members

4. Planning Commission

The City Council fills vacancies on these bodies.

D.

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

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

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

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

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

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

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

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

6. Interviews:

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

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

7. Mayoral Appointments:

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

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

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

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

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

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

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

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

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

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

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

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

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

11. Report to Council:

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

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

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

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

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

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

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

14. Resignations, Attendance, Training, and Removals

Resignation:

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

Attendance:

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

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

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

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

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

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

Excused Absences:

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

Excused absences are listed as follows:

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

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

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

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

Removal:

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

Mandatory Training and Filing Requirements:

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

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

AMENDED: November 16, 2021

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

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

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

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

4. Sexual Harassment Training

5. Brown Act Training

6. Social Media Training

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

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

Removal:

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

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

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

Prior Policy Amendments:

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

AGENDA REPORT

Department: Community Development - Neighborhood Services Prepared by: Sarah Esendencia, Executive Secretary
Meeting Date: Tuesday, February 7, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Temporary Use Permit – Circus Vargas event sponsored by Circus Vargas from February 17, 2023 to February 27, 2023 at the Westfield Plaza Bonita Mall with no waiver of fees.

RECOMMENDATION:

Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

This is a request from Circus Vargas to conduct the Circus Vargas event at Westfield Plaza Bonita Mall from February 17, 2023 to February 27, 2023. Set up for this event will commence at 9:00 a.m. February 15, 2023 on the west side parking lot of Plaza Bonita Mall. The show times will vary o n dates from 12:30 p.m., 1 p.m., 4:00 p.m., 6:30 p.m., 7:00 p.m., and 7:30 p.m. Each show lasts approximately 1 ½ hours.

This is a completely self-contained event in a traditional big top circus with concessions.

There are no performing animals, no rides, no games, no outside vendors and no alcohol.

Vehicles are used for transportation of operations. There will be eight internal Security Guards and sufficient parking is available at the mall. Food will be prepared on-site in a trailer. Clean-up will be performed after each show.

This event will end with its last show on Monday, February 27, 2023 at 6:30 p.m. and will begin breakdown after the show. This event was approved by Council in 2018, 2019, & 2020 with no waiver of fees.

FINANCIAL STATEMENT:

City fee of $312.00 for processing the Temporary Use Permit, plus $1,924.00 for the Fire Department and $433.86 for Building Division.

Total fees: $2,669.86

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – TUP Circus Vargas 2023
Exhibit B – Conditions of Approval Circus Vargas 2023

T pe of Event
D Fair/Festival
[Z]TuP
DParade/March
D Sporting Event
Event Name & Location
Event Title Circus Vargas
City of National City • Neighborhood Services Department 1243 National City Boulevard • National City, CA 91950
(619) 336-4364 • fax (619) 336-4217
www.nationalcityca.gov
Special Event Applicat ion
Owalk or Run Oconcert/Performance
D Other (specify)-----------
Plaza Bonita Mall, 3030 Bonita rd. National City Event Location (list all sites being requested)---------------------- Event Times
Set-Up Starts 9am Day of Week wednesday Date 02/15/2023 Time Event Starts l
T 7pm Day of Week Friday 1 Date 02/17/2023 1me
s~ ::a
~ ' m
Event Ends ill~
0 T 9pm Day of Week Monday m
Date 02/27/2023 1me I~: < -,, m
Breakdown Ends Q~ C
T 4pm Day of Week tuesday "' "' Date 02/28/2023 1me
I
Applicant Information
Applicant (Your name) Katya Arata Quiroga S . 0 . t· Tabares Ente ponsormg rganiza 10n _________ _ Event Coordinator (if different from applicant) --------------------- M .1
. Add 7545 Irvine Cemter drive 200
a1 mg ress ---------------------------------
Day Phone 702-466-4873 After Hours Phone_7_0_2-_5_13_-_97_6_7 __ Cell 702-466-4873 Fax ____ _ Public Information Phone_8_7_7_-G_O_T_-_F_U_N_1 ___ E-mail _n_q_ta_b_a_r_e_s@_c_ir_c_u_sv_a_r_g_a_s._c_o_m_ Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands , detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors , agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law.

Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City's Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for application processing and facility use and that fees and charges are adjusted annually and are subject to change.
ho.Ke>--(} ~re~ 1/24/23
Signature of Applicant: _____ _ _____,~ 0=----U~ _ _ _____ Date 1

2 V
Special Event Application (continued)
Please complete the following sections with as much detail as possible since fees and requirements are based on the information you provide us.

Fees/Proceeds/Reporting..

Is your organization a “Tax Exempt, nonprofit” organization? Yes No Are admission, entry, vendor or participant fees required? Yes No If YES, please explain the purpose and provide amount (s):

$ Estimated Gross Receipts including ticket, product and sponsorship sales from this event.

$ Estimated Expenses for this event.

$ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event?

Description of Event..

First time event Returning Event include site map with application Note that this description may be published in our City Public Special Events Calendar:

Estimated Attendance..

Anticipated # of Participants: Anticipated # of Spectators:

3 V
Traffic Control, Security, First Aid and Accessibility..

Requesting to close street(s) to vehicular traffic? Yes No

List any streets requiring closure as a result of the event (provide map):

Date and time of street closure: Date and time of street reopening:

Other (explain)

Requesting to post “no parking” notices? Yes No

Requested “No Parking” on city streets and/or parking lots (list streets/parking lots) (provide map):

Other (explain)

Security and Crowd Control

Depending on the number of participants, your event may require Police services.

Please describe your procedures for both Crowd Control and Internal Security:

Have you hired Professional Security to handle security arrangements for this event?

Yes No If YES, name and address of Security Organization

Security Director (Name): Phone:

If using the services of a professional security firm and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission. .

Is this a night event? Yes No If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators:

4 First Aid.

Depending on the number of participants, your event may require specific First Aid services. First aid station to be staffed by event staff? Yes No First aid/CPR certified? Yes No

First aid station to be staffed by professional company. ► Company

If using the services of a professional medical organization/company and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission.

Accessibility.

Please describe your Accessibility Plan for access at your event by individuals with disabilities:

Elements of your Event

Setting up a stage? Yes No

Requesting City’s PA system

Requesting City Stage; if yes, which size? Dimensions (13x28) Dimensions (20x28) Applicant providing own stage ► (Dimensions)
Setting up canopies or tents?

# of canopies size

# of tents size

No canopies/tents being set up

5 Setting up tables and chairs?

Furnished by Applicant or Contractor

# of tables No tables being set up

# of chairs No chairs being set up

(For City Use Only) Sponsored Events – Does not apply to co-sponsored events

# of tables No tables being set up

# of chairs No chairs being set up

Contractor Name

Contractor Contact Information
Address City/State Phone Number

Setting up other equipment?

Sporting Equipment (explain)

Other (explain)

Not setting up any equipment listed above at event

Having amplified sound and/or music? Yes No

PA System for announcements CD player or DJ music

Live Music ► Small 4-5 piece live band ► Large 6+ piece live band

Other (explain)

If using live music or a DJ. ► Contractor Name

►
Address City/State Phone Number

6 V
V
V
V
Using lighting equipment at your event? Yes No

Bringing in own lighting equipment

Using professional lighting company ► Company Name

Address City/State Phone Number

Using electrical power? Yes No Using Kimball Park Bowl Lighting (from_____to____)

Using on-site electricity

For sound and/or lighting For food and/or refrigeration

Bringing in generator(s)

For sound and/or lighting For food and/or refrigeration

Vendor Information
Vendor Information
PLEASE NOTE: You may be required to apply for a temporary health permit if food or beverages are sold of given away during your special event. Also see ‘Permits and Compliance’ on page 8 in the Special Event Guide. For additional information on obtaining a temporary health permit, please contact the County of San Diego Environmental Health at (619) 338-2363.

Having food and non-alcoholic beverages at your event? Yes No

Vendors preparing food on-site ► # ► Business License #

If yes, please describe how food will be served and/or prepared:

If you intend to cook food in the event area please specify the method:

GAS ELECTRIC CHARCOAL OTHER (Specify):

Vendors bringing pre-packaged food ► # ► Business License #_

Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ► #

Vendors selling food # ► Business License #(s)

Vendors selling merchandise # ► Business License #(s)

Food/beverages to be handled by organization; no outside vendors

Vendors selling services # ► Business License #(s)

► Explain services

Vendors passing out information only (no business license needed) #_

► Explain type(s) of information

No selling or informational vendors at event

7 V
V
V
V
Hav
ing children activities? Yes No
PLEASE NOTE: In the event inflatable jumps are provided at the event, The City of National City requires commercial liability insurance with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City’s Risk Manager, along with the Certificate of Insurance, for approval prior to the event. The application should be filed out at least one week prior to the event. For questions or to obtain a copy of the “Facility Use Application”, please contact the Engineering/Public Works Department at (619) 336-4580.

Inflatable boun
cer house # Rock climbing wall Height
Inflatable bouncer slide # Arts & crafts (i.e., craft making, face painting, etc.) Carnival Rides ____________________ Other __________________________________ Hav
ing fireworks or aerial display? Yes No
Vendor name and license #
Dimensions Duration
Number of shells Max. size
PLEASE NOTE: In the event firewo rks or another aerial display is planned for your event, The City of National City requires commercial liability insurance with limits of at least $2 Million dollars per occurrence/ $4 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City’s Risk Manager, along with the Certificate of Insurance, for approval prior to the event. Depending o n the size and/or nature of the fireworks display, the City reserves the right to request higher liability limits. The vendor must also obtain a fireworks permit from the National City Fire Department and the cost is $602.00
Arranging for media coverage? Yes No
Yes, but media will not require special set-up
Yes, media will require special set-up. Describe

8 V
V
V
V
V
V
V
V
V
Event Signage..

Event
PLEASE NOTE: For City sponsored or co-sponsored events, banners publicizing the event may be placed on the existing poles on the 1800 block and 3100 block of National City Boulevard. The banners must be made to the City’s specifications. Please refer to the City’s Special Event Guidebook and Fee Schedule for additional information.

Are you planning to have signage at your event? Yes No

Yes, we will post signage # Dimensions

Yes, having inflatable signage # ► (complete Inflatable Signage Request form) Yes, we will have banners #
What will signs/banners say?

How will signs/banners be anchored or mounted?
Location of banners/signage _________________________________________________________ Waste Management..

PLEASE NOTE: One toilet for every 250 people is required, unless the applicant can show that there are sufficient facilities in the immediate area available to the public during the event.

Are you planning to provide portable restrooms at the event? Yes No

If yes, please identify the following:

► Total number of portable toilets:

► Total number of ADA accessible portable toilets:

Contracting with portable toilet vendor. ►
Company Phone
► Load-in Day & Time ► Load-out Day & Time

Portable toilets to be serviced. ► Time

Set-up, Breakdown, Clean-up.

Setting up the day before the event?

Yes, will set up the day before the event. ► # of set-up day(s)

No, set-up will occur on the event day

Requesting vehicle access onto the turf?

Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form)

No, vehicles will load/unload from nearby street or parking lot.

9 V
V
V
V
V
NPDES-Litter Fence
NPDES-Litter Fence
City to install litter fence
Applicant to install litter fence
N/A
Breaking down set-up the day after the event?

Yes, breakdown will be the day after the event. ► # of breakdown day(s)

No, breakdown will occur on the event day.

How are you handling clean-up?

Using City crews

Using volunteer clean-up crew during and after event.

Using professional cleaning company during and after event.

Miscellaneous..

Please list anything important about your event not already asked on this application:

Please make a copy of this application for your records.

We do not provide copies.

10 I. Special Event Information

Special Events
Pre-Event Storm Water Compliance
Checklist

Name of Special Event:

Event Address: Expected # of Attendees:

Event Host/Coordinator: Phone Number: _____________________

II. Storm Water Best Management Practices (BMPs) Review

YES NO  N/A

Will enough trash cans provided for the event?
Provide number of trash bins:

Will enough recycling bins provided for the event?
Provide number of recycle bins:

Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets)

Do all storm drains have screens to temporarily protect trash and debris from entering?

Are spill cleanup kits readily available at designated spots?

* A Post-Event Storm Water Compliance Checklist will be completed by City Staff.

11 City of National City

PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION

AGREEMENT

Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best’s Guide Rating of A:VII and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect:

City of National City
Risk Management Department
1243 National City Boulevard
National City, CA 91950

Organization:

Person in Charge of Activity:

Address:

Telephone: Date(s) of Use:

HOLD HARMLESS AGREEMENT

As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorney’s fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors.

Signature of Applicant:

Official Title: Date:

Certificate of Insurance Approved Date

TO BE POSTED IN A CONSPICUOUS PLACE
AND

NOT TRANSFERABLE OR ASSIGNABLE
Business Name
Business Location
Business Owner(s)
Account Number
Effective Date
Expiration Date
City of National City

BUSINESS TAX CERTIFICATE
"For Services Provided in National City, California Only" 3030 PLAZA BONITA RD (PARKING LOT)
NATIONAL CITY, CA 91950

TABARES ENTERTAINMENT

CIRCUS VARGAS
7455 ARROYO CROSSING PKWY STE 220
LAS VEGAS, NV 89113-4088

NELSON QUIROGA
Business Type Amusement - Other
January 01, 2023
December 31, 2023
09005803

CIRCUS VARGAS
Thank you for your payment on your National City Business Tax Certificate. ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license, contact the Business Support Center via email at: [email protected] or by telephone at: (619) 382-2596 Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license. A fee may be charged for a replacement or duplicate certificate.

This certificate does not entitle the holder to conduct business before complying with all requirements of the National City Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law.

If you have a fixed place of business within the National City, please display the Business Tax Certificate below in a conspicuous place at he premises. Otherwise, every Business Tax Certificate holder not having a fixed place of business in the City shall keep the Business Tax Certificate upon his or her person, or affixed in plain view any cart, vehicle, van or other movable structure or device at all times if required by the Collector.

Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ City of National City

BUSINESS TAX CERTIFICATE

BUSINESS TAX SUPPORT CENTER
8839 N CEDAR AVE #212
FRESNO, CA 93720-1832
Date of Issue: 01/01/2023
09005803Account Number: TABARES ENTERTAINMENT

CIRCUS VARGAS
7455 ARROYO CROSSING PKWY STE 220
LAS VEGAS, NV 89113-4088
2023

CIRCUS VARGAS
For all inquiries regarding this certificate, contact HdL Business Tax Support Center at (619) 382-2596.

THIS BUSINESS TAX CERTIFICATE DOES NOT PERMIT A BUSINESS THAT IS OTHERWISE PROHIBITED.

NOTE: IT IS YOUR OBLIGATION TO RENEW THIS

CERTIFICATE WHETHER OR NOT YOU RECEIVE A

RENEWAL NOTICE
City Manager

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
1/17/2023
McGowan Allied Specialty
140 Fountain Parkway North #570
Saint Petersburg OH 33716
Stephanie Moore
7275473121
[email protected]
License#: 973
Houston Specialty Insurance Company
12936
CIRCVAR-01
Tabares Entertainment, Inc dba Circus Vargas
7455 Arroyo Crossing Pkwy,
Suite 220
Las Vegas NV 89113
219595663
A
X
1,000,000
X
100,000
Not Covered
1,000,000
2,000,000
X
ESB-HS-GL-0000871-00
2/1/2023
2/1/2024
Included
Event Dates: 02/14/2023-02/29/2023
Additional Insured: City of National City and the Parking Authority and its officers, employees and agents as respects to the negligence of the named insured only.

City of National City
Risk Management Department
1243 National City Blvd
National City CA 91950

Circus Vargas 2023 Advance Permit Event Packet
National City @ Westfield Plaza Bonita
Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: [email protected] Katya Quiroga – Phone: 702-466-4873 E-Mail: [email protected] Location Schedule Dates Event Management Contacts
Information
Ronnie Warmuth
[email protected]
3030 Plaza Bonita Road, Suite #2075,
National City, CA 91950 / USA
Feb 14th to Feb 27th, 2023
4 Set Up Days
10 Performing Days
Nelson Quiroga (Owner) 702-513-9767
[email protected]
Katya Quiroga (Owner) 702-466-4873
[email protected]
Showtimes
Day Date Schedule Notation Showtimes
Tuesday Feb 14th Will enter property at 1:00 a.m. No Performance Wednesday Feb 15th Setup Day No Performance
Thursday Feb 16th Setup Day No Performance
Friday Feb 17th Opening Night 7:30 p.m.

Saturday Feb 18th 1:00–4:00 & 7:30 p.m.

Sunday Feb 19th 12:30–3:30 & 7:00 p.m.

Monday Feb 20th 6:30 p.m.

Tuesday Feb 21st No Performance
Wednesday Feb 22nd 7:00 p.m.

Thursday Feb 23rd 7:00 p.m.

Friday Feb 24th 7:30 p.m.

Saturday Feb 25th 1:00–4:00 & 7:30 p.m.

Sunday Feb 26th 12:30–3:30 & 7:00 p.m.

Monday Feb 27th Teardown of the circus will begin after the show. 6:30 p.m.

Tuesday Feb 28th - Circus will vacate property before 4:00 p.m.
- The cleanup crew will finish cleaning the
lot around 3:00 p.m.
- All rented equipment, e.g., restrooms,
fencing and dumpster, will be picked up
before 3:00 p.m.

No Performance

Circus Vargas 2023 Advance Permit Event Packet
National City @ Westfield Plaza Bonita
Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: [email protected] Katya Quiroga – Phone: 702-466-4873 E-Mail: [email protected]

Tent setup area for 2023

Circus Vargas 2023 Advance Permit Event Packet
National City @ Westfield Plaza Bonita
Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: [email protected] Katya Quiroga – Phone: 702-466-4873 E-Mail: [email protected]

Circus Vargas Big Top

Circus Vargas 2023 Advance Permit Event Packet
National City @ Westfield Plaza Bonita
Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: [email protected] Katya Quiroga – Phone: 702-466-4873 E-Mail: [email protected]

Circus Vargas 2023 Advance Permit Event Packet
National City @ Westfield Plaza Bonita
Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: [email protected] Katya Quiroga – Phone: 702-466-4873 E-Mail: [email protected]

Show Information
LENGTH OF SHOW: Approximately one hour and forty-five minutes EXPECTED ATTENDANCE: 300–500 per show
AVERAGE VEHICLE CAPACITY PER SHOW: 125 vehicles (based on 500 people) SEATING CAPACITY OF TENT: 998
• NO GAME OF CHANCE
• NO MECHANICAL RIDES
• NO PERFORMING ANIMALS
• NO PYRO OR OPEN FLAME USED DURING THE SHOW
• NO ALCOHOL SOLD OR SERVED
• NO OUTSIDE CONTRACTED VENDORS
Circus management provides in- house security guards. Management carries radios and cell phones in case of a 911 emergency.

Circus Vargas is completely self -contained. The show has a two -generator system with an emergency battery backup. If the main generator shuts down, the backup generator will be turned on, but all emergency lighting will remain running via the battery backup system.

A source of water is usually provided to the circus by the venue on which the c ircus conducts business; if not, the circus will rent a water meter from the city.

Circus Vargas rents restrooms from local sanitation companies.

Circus Vargas crew will perform daily cleanups to keep the circus area clean of any trash.

Circus Vargas rents a dumpster for all trash produced by the circus activities.

Circus Vargas is a family show and attracts primarily families ; in-house security is normally sufficient to provide appropriate crowd control. The security personnel use radios to communicate with e ach other and can use cell phones to contact local law enforcement if the need exists.

Circus Vargas 2023 Advance Permit Event Packet
National City @ Westfield Plaza Bonita
Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: [email protected] Katya Quiroga – Phone: 702-466-4873 E-Mail: [email protected]

Circus Vargas Covid-19 Response
Circus Vargas takes the safety of its patrons as well as its performers very seriously.

It is in the best interest of our production to ensure the safety of everyone who enters the Big Top.

Circus Vargas will adhere to all public capacities set forth by Covid-19 regulations. • Use of face coverings is mandatory throughout the circus grounds, unless actively eating and/or drinking at a designated area.
• Performers actively performing in the ring will be fully vaccinated and keep a minimum distance of 6ft from all patrons seeing the show. • There will be a minimum of one hour between events to allow ample time for disinfecting seating area and omit the crossing of attendees from previous performances.
• Assigned seating of at least 6 feet between people from different households for those patrons who do not provide proof of vaccination. All patron with proof of vaccination will be in a different seating area.
• Seating will be modified on our ticketing system to allow for social distancing. • Information regarding Circus Vargas Covid-19 protocol for attendees will placed on our website and our ticketing system stating Requirements set forth by Local and State CDC Guidelines.

• Capacity levels will be controll ed not only through our ticketing system, but we also have staff at the entrance with a clicker.

• Circus Vargas will have visual aids to direct the public as to path of flow, hand wash stations and have hand sanitizer readily available throughout.

• All personnel are required to wear face masks when the public is present and during working.
hours when social distancing is not possible.

Circus Vargas 2023 Advance Permit Event Packet
National City @ Westfield Plaza Bonita
Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: [email protected] Katya Quiroga – Phone: 702-466-4873 E-Mail: [email protected]

• All personnel traveling with the show are encouraged to be fully vaccinated. For individuals who are not fully vaccinated will be required to test every 7days. • Hand wash stations are available for public use in the midway area.

• Hand Sanitizer is readily available for public use throughout the Big Top.

• Added ventilation inside the Big Top, public areas and in the seating areas.

• Area for food consumption with social distancing will be provided and proper signage in place.

Circus Vargas 2023 Advance Permit Event Packet
National City @ Westfield Plaza Bonita
Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: [email protected] Katya Quiroga – Phone: 702-466-4873 E-Mail: [email protected]

Circus Vargas: Cleanup & Recycling Plan

Circus Vargas does not hire or contract with outside vendors or temporary workers. All staffing will be with workers that travel with the show. The staff is trained on current proper sanitary and cleanup procedures. There is a staff of twenty -five people, and while some staff members are working throughout the day, all of them are present from one hour before the first show of the day until after the last show [as applicable] is over and cleanup is completed.

Since the nature of a circus limits the areas in which the public can access , the majority of the cleanup will be in a limited area. Plus, there are a very limited number of food items sold.

Staff continuously cleans up the entrance are a throughout the time the show is open to the public, so trash does not remain on the ground. Trash is cleaned up inside the tent after each performance ; a nd once each day, trash will be picked up in the parking area, which is expected to be minimal, since most people consume items early in the show and are unlikely to bring trash back to their cars.

A trash dumpster will be contracted for placement on the grounds. Several trash cans are available for public use in the circus entrance area. We will also have bins in which people can put recyclable items. However, due to the nature of our operation, most people buy their food products and take them immediately into the tent, where they sit down. They normally let their trash fall through the bleachers, where we clean it up after each show.

Since sodas and water are served in plastic bottles and cans, our staff will put those, along with appropriate paper products , into the recycle bins and transport them to an appropriate recycling facility or make arrangements with the dumpster company for their removal.

I h ope that I have provided you with all the information needed to approve this plan. If you have any questions, please call me at 702-513-9767 and I will be happy to assist you.

Circus Vargas 2023 Advance Permit Event Packet
National City @ Westfield Plaza Bonita
Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: [email protected] Katya Quiroga – Phone: 702-466-4873 E-Mail: [email protected]

Circus Vargas Security Plan

Since Circus Vargas is a family show and attrac ts primarily families, in -house security has been sufficient to provide appropriate crowd control. As the only thing to see is the show itself, there are no people just loitering in the area. Crowds come at show time, enter the enclosed midway area and take their seats. After the show, there is nothing else to see, so they exit to their cars.

Many of the things that attract or encourage trouble or the necessity for police intervention will not be present at Circus Vargas. Alcohol will not be sold or served , and there are no games of chance or mechanical rides. While a carnival attracts ages 12 to 22, Circus Vargas primarily attracts children of elementary school ages or younger , along with their parents and grandparents.

Circus Vargas has its own security team comprising eight uniformed (unarmed) security Personnel (includes one head of security). The uniforms consist of matching Circus Vargas shirts and pants. This low-key approach to security maintains the atmosphere of family fun.

All security personnel will be scheduled one hour before each performance and will stay thirty minutes after the performance. Security personnel will be stationed both inside and outside the tent as well as next to the ticket booth.

Security personnel have access to walkie -talkies for communications between themselves, in addition to cell phones that can be used to call additional personnel as well as local police or firefighters if it becomes necessary.

In addition to the security officers, a closed- circuit video security system monitors the inside of the ticket booth, where money is handled, as well as the midway area and the area in front of the ticket booth. This video system is attached to a recording device that can be used to keep a digital record of events.

Circus Vargas 2023 Advance Permit Event Packet
National City @ Westfield Plaza Bonita
Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: [email protected] Katya Quiroga – Phone: 702-466-4873 E-Mail: [email protected]

Circus Vargas 2023 Advance Permit Event Packet
National City @ Westfield Plaza Bonita
Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: [email protected] Katya Quiroga – Phone: 702-466-4873 E-Mail: [email protected]

Circus Vargas 2023 Advance Permit Event Packet
National City @ Westfield Plaza Bonita
Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: [email protected] Katya Quiroga – Phone: 702-466-4873 E-Mail: [email protected]

Circus Vargas 2023 Advance Permit Event Packet
National City @ Westfield Plaza Bonita
Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: [email protected] Katya Quiroga – Phone: 702-466-4873 E-Mail: [email protected]

Circus Vargas 2023 Advance Permit Event Packet
National City @ Westfield Plaza Bonita
Tabares Entertainment, Inc. 7455 Arroyo Crossing Pkwy. Suite 220 Las Vegas, NV 89113 Nelson R Quiroga - Phone: 702-513-9767 E-Mail: [email protected] Katya Quiroga – Phone: 702-466-4873 E-Mail: [email protected]

CITY OF NATIONAL CITY

NEIGHBORHOOD SERVICES DEPARTMENT

APPLICATION FOR A TEMPORARY USE PERMIT

CONDITIONS OF APPROVAL

SPONSORING ORGANIZATION: Circus Vargas
EVENT: Circus Vargas
DATE OF EVENT: February 17, 2023 through February 27, 2023.

APPROVALS:

COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY DEVELOPMENT YES [ x ] NO [ ] SEE CONDITIONS [ x ]

CONDITIONS OF APPROVAL:

PUBLIC WORKS (619) 366-4580
No involvement.

POLICE DEPARTMENT
Request for extra patrol for the officers on the event days. No other comments.

ENGINEERING
No comments received.

COMMUNITY SERVICES
No involvement.

FINANCE
Circus Vargas has current Business License. No other comments.

COMMUNITY DEVELOPMENT

Planning
No comments.

Building
Building Comments for Temporary Use Permit for Circus Vargas A Building permit will be required for the Circus Vargas tent and generator.

In order to properly process the Building Permit provide a clear detailed plan minimum size 30” X 24”. The plans should include all the details for the following:

1. Complete – Plans and details for the tent structures and canopies, include Flame Retardant Certificate and distances between them.

2. Stages

3. ADA - Complete accessibility details.

4. Generator - Details of size and number of generators (with grounding details).

5. Electrical - What will the generators provide power for? Load Calcs., cable/trip protection.

6. Site Plan Including Lighting

7. Exiting - We need all details for exiting, including exit distances, fencing, lighting, total area in square feet of fenced areas.

8. Maximum total attendance (Occupants) - Include all employees and staff. This will determine number of bathrooms, hand wash stations and exits.

9. Show all extinguishers on site plan

10. Permit/Plan Check Fees Plan check fees are $154.86 hourly (1HR), inspection fees $151.00 a Generator $64 Each

11. Seating
Many of these items are in the TUP Application and also need to be submitted for the permit.

Neighborhood Services
Neighborhood Notifications – Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, “No Parking” signs being posted, music at the event, etc.

Display of banners – Banners are allowed on site for event but must be removed immediately thereafter event completion. If you wish to place banners in any location other than on-site, you must get approval from the property/business owner where you intend to display the banner.

RISK MANAGER (619) 336-4370
No additional insurance requirements are necessary for the permit issuance. Applicant properly executed the Hold Harmless and Indemnification Agreement when the Special Event Application was submitted.

FIRE (619) 336-4550

INSPECTION REQUIRED

Total fee amount for all Fire Department permits is, ($962.00) dollars. Tents $751, Places of Assembly $211. Fees can only be waived by City Council.

Stipulations required by the Fire Department for this event are as follows:

1) Access to the Circus Vargas to be maintained at all times.

2) Fire Department ccss into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14 feet.

3) Exit signs shall be provided at all required exits. Exit signs shall be green in color (National City Municipal Code) and either self-illuminating or electrical with a 90 minute back-up power.

4) Fire Hydrants shall not be blocked or obstructed.

5) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s).

6) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s).

7) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved California State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet “State Fire Marshal approval for cooking. Fees can only be waived by the City Council.

Canopies:
0 – 400 sf - $0
401 – 500 sf - $391.00
501 – 600 sf - $436.00
601 – 700 sf - $571.00

Tents:
0 –200 sf - $391.00
201 – (+) sf - $751.00

8) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of amusement rides or devices.

9) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class “K” fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached.

10) Fire extinguishers to be mounted in a visible location between 3½‘to 5’ from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. All fire extinguisher to have a current State Fire Marshal Tag attached.

11) Emergency generators and standby power systems shall be installed, tested, and maintained in accordance with NFPA 110 and NFPA 101, Standard for Emergency and Standby Power Systems.

12) A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival to include all rides, cooking areas, game booths, etc.

Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($211.00) dollars. Fee is to be paid to the Fire Department Administration offices under separate permit. Fee is to be paid prior to event.

13) No smoking signs to be posted.

14) Any electrical power used is to be properly grounded and approved.

Extension cords shall be used as “Temporary Wiring” only.

15) Fees can only be waived by City Council.

16) There shall be trained Crowd Managers or crowd manager/supervisors at a ratio of one crowd manager/supervisors for every 250 occupants, as approved in addition to the security. Please provide the current Crowd Manager certification to NCFD prior to the event.

Fees can only be waived by City Council

AGENDA REPORT

Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, February 7, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Warrant Register #23 for the period of 12/2/22 through 12/8/22 in the amount of $715,173.08.

RECOMMENDATION:

Ratify Warrants Totaling $715,173.08

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Per Government Section Code 37208, below are the payments issued for period 12/2/22 – 12/8/22. Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
Bureau Veritas N America 361098 $ 74,333.07 Plan Review Services Kaiser Foundation HP 361135 $214,459.65 Group No. 104220- Jan 2023 Adminsure Inc 659427 $ 75,946.89 WC’s Account Replenishment

FINANCIAL STATEMENT:

Warrant total $715,173.08

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

Warrant Register No. 23

PAYEE DESCRIPTION CHK NO DATE AMOUNT
4 IMPRINT INC 4IMPRINT/OFFICE SUPPLIES/FY23 361060 12/5/2022 563.98 ALLSTATE SECURITY INVICTA/ALLSTATE/GUARD SERVICES SEPT./LIB 36106 1 12/5/2022 8,891.28 ALLSTATE SECURITY INVCITA DBA ALLSTATE/SECURITY SERVICES/LIB 3610 62 12/5/2022 3,607.45 AMAZON AMAZON/CRAFTS/FY23 361063 12/5/2022 676.50
AMAZON AMAZON/OFFICE SUPPLIES/SCANNER/FY23 361064 12/5/2022 82.64 BAKER & TAYLOR BAKER & TAYLOR/BOOKS/FY23 361066 12/5/2022 6,092.31 BUREAU VERITAS N AMERICA INC BUILDING/BUREAU VERITAS 361067 12/5/2 022 7,197.86 BUREAU VERITAS N AMERICA INC BUILDING/BUREAU VERITAS 361068 12/5/2 022 4,433.27 CALIFA GROUP RFW- CALIFA/MEMBERSHIP/FY23 361069 12/5/2022 400.00 DEMCO INC DEMCO/BOOK COVERS, LABELS/FY23 361070 12/5/2022 1,286.68 GRAINGER MOP 65179 GENERAL SUPPLIES- PW 361071 12/5/2022 2,062.32 HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES AS NEEDED FOR BUILDI NGS 361072 12/5/2022 3,546.45 JANWAY COMPANY JANWAY/PARKS PASS/BACKPACKS AND PENS/FY23 361073 12 /5/2022 682.26 LASER SAVER INC MOP HP MT51 BLACK & CYAN OEM TONER CART 361074 12 /5/2022 2,774.62 LITERACYWORKS RFW- LITERACY WORKS/LITERACY/FY23 361075 12/5/2022 10 ,000.00 MIDWEST TAPE, LLC MIDWEST TAPE/DVDS/FY23 361076 12/5/2022 1,540.40 MOBILE CITIZEN, LLC MOBILE CITIZEN/10 HOT SPOTS/CIRCULATION/LIB 3 61077 12/5/2022 2,280.00 PALMA REIMBURSEMENT FOR TRAINING 361078 12/5/2022 30.45 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES- PW 361079 12/5/2022 2 ,895.06 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES- PW 361080 12 /5/2022 74.29 SMART SOURCE OF CALIFORNIA LLC SMART SOURCE/BUSINESS CARDS/MMART INEZ 361081 12/5/2022 44.98 STAPLES BUSINESS ADVANTAGE BUILDING/STAPLES 361082 12/5/2022 628.94 STAPLES BUSINESS ADVANTAGE NSD/STAPLES 361083 12/5/2022 63.88 THE STAR NEWS PLANNING/STAR NEWS 361084 12/5/2022 307.50 T-MOBILE MOBILE USA INC. RFW- T-MOBILE/HOT SPOTS/OCT23 361085 12/5 /2022 448.50 WSP USA INC PLANNING/WSP 361086 12/5/2022 387.84
ABORQUI DIGGS SUPPLY REIMBURSEMENT 361087 12/8/2022 99.98 ADMINSURE INC WORKERS' COMPENSATION CLAIMS - DECEMBER 361088 12/8/ 2022 8,353.00 ALDEMCO FOOD / NUTRITION CENTER 361089 12/8/2022 4,973.73 ALL FRESH PRODUCTS FOOD / NUTRITION CENTER 361090 12/8/2022 622.02 AMEDEE REIMBRSMT-MMASC CONF / FIRE 361091 12/8/2022 915.16 ANDERSON 2022 NORTH AMERICAN HUMAN TRAFFICKING 361092 12/8/2022 39 4.28 AT&T AT&T & SBC ANNUAL PHONE SERVICE FOR FY23 361093 12/8/2022 14,9 74.73 AUDIO ASSOCIATES VOTELYNX STATION REPLACED 361094 12/8/2022 841.94 AZTEC APPLIANCE INC FREESTANDING REFRIGERATOR 361095 12/8/2022 3,06 9.80 BADGE FRAME, INC PERPETUAL PLAQUES 361096 12/8/2022 2,260.08 BNSF RAILWAY COMPANY ENGINEERING SUPPORT FOR SEGMENT 5 OF BAY 361 097 12/8/2022 18,034.51 BUREAU VERITAS N AMERICA INC PLAN REVIEW SERVICES 361098 12/8/2022 74,333.07 CALIFORNIA PARK & REC CPRS MEMBERSHIP RENEWALS ED & JC 361099 12/8 /2022 290.00 CAMACHO SUICIDE PREVENTION AND INTERVENTION TRAINING 361100 12/8/2 022 184.68 CAMARGO 49TH ANNUAL CLEARS TRAINING - CYNTHIA CA 361101 12/8/2022 1 ,071.71 CASTILLO A KIMBALL HOLIDAY DJ/MC ENTERTAINMENT 361102 12/8/2022 1,8 50.00 CITRIX SYSTEMS INC CITRIX VPX 200 RENEWAL 12/05/22-12/04/23 36110 3 12/8/2022 1,100.00 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICALS 361104 12/8/202 2 2,290.00 CORDOVA REIMBURSEMENT CACEO CORDOVA / NSD 361105 12/8/2022 162.60 CORODATA RECORDS CORODATA - RECORD STORAGE 361106 12/8/2022 52.50 COUNTY OF SAN DIEGO HAZARDOUS WASTE FACILITY PERMIT FEES 361107 1 2/8/2022 821.00 COUNTY OF SAN DIEGO NEXTGEN REGIONAL COMMUNICATIONS SYSTEM 361108 12/8/2022 8,037.00 WARRANT REGISTER # 23
12/8/2022
1/3Page 217 of 363

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 23
12/8/2022
COUNTY OF SAN DIEGO - DEH FOOD FACILITY PERMIT RENEWAL 361109 12/8 /2022 465.00 COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY23 361110 12/8/2022 2 18.26 COZZINI BROS., INC. KNIFE/DELI SLICER/CAN OPENER SHARPENING 36111 1 12/8/2022 36.00 CPOA SWORN STAFF MEMBERSHIP FY 23 361112 12/8/2022 1,500.00 CURVATURE LLC ETHERNET SWITCH NETWORKING MODULES 361113 12/8/2022 6 ,911.62 CYRACOM INTERNATIONAL, INC TRANSLATION SERVICE 361114 12/8/2022 98. 80 DATEL SYSTEMS INCORPORATED BARRACUDA SPAM FILTER 11/16/22-11/15/ 23 361115 12/8/2022 22,206.25 DELGADO RFW EMPLOYEE REIMBURSEMENT 361116 12/8/2022 350.00 DEPARTMENT OF JUSTICE NEW EMPLOYEE FINGERPRINT TEST RESULTS - 361 117 12/8/2022 320.00 DEPASCALE SHERMAN BLOCK SLI-2 TRAINING / PD 361118 12/8/2022 111.30 DEPMT OF PESTICIDE REGULATION PESTICIDE LICENSE RENEWAL / ACOSTA / PARK 361119 12/8/2022 60.00 ERGOMETRICS POLICE CORPORAL & SERGEANT ASSESSMENT 361120 12/8/202 2 12,672.47 ESGIL LLC PLAN REVIEW SERVICES 361121 12/8/2022 10,844.21 FASTSIGNS COMMUNICATIONS AND SIGNAGE SERVICES FY23 361122 12/8/202 2 54.38 FEDEX POLICE RECRUIT TESTING MATERIALS 361123 12/8/2022 127.43 FIATOA JR LICENSE REIMBURSEMENT 361124 12/8/2022 200.00 FIRE ETC 90950 SURVIVOR X ORANGE ALKALINE/FIRE 361125 12/8/2022 1,6 56.19 FRIEDMAN IMAGING BUILDING/FRIEDMAN IMAGING SCANNING 361126 12/8/20 22 3,530.81 GARCIA REIMBURSEMENT - PEDRO GARCIA 361127 12/8/2022 70.00 GONZALES SLI SHERMAN BLOCK SUPERVISORY - SESSION 361128 12/8/2022 4 8.06 GRAINGER MOP 65179 GENERAL SUPPLIES- PW 361129 12/8/2022 1,693.11 GUERRO LUNCH/DINNER FOR STAFF DURING A KIMBALL 361130 12/8/2022 520 .00 HAAKER EQUIPMENT COMPANY VALVE, M/B ELEV, ROT 361131 12/8/2022 9,83 7.38 HAWK TRAIN ADV SUB COMPOSITE CLASS 361132 12/8/2022 1,193.83 HEALTH NET INC GRP.#57135A - DECEMBER 2022 361133 12/8/2022 1,289.7 2 JAIME GARCIA, JR, HAND WASHING STATIONS FOR A KIMBALL HOLIDAY 361 134 12/8/2022 475.00 KAISER FOUNDATION HEALTH PLAN GROUP N0. 104220 - JANUARY 2023 361 135 12/8/2022 214,459.65 LASER SAVER INC MOP 04840 TONER PD 361136 12/8/2022 978.31 LIEBERT CASSIDY WHITMORE PERSONNEL MATTER 361137 12/8/2022 1,069.5 0 MAN K9 INC WEEKLY TRAINING / PD 361138 12/8/2022 1,376.00 MARTINEZ TRAVEL REIMBURSEMENT 361139 12/8/2022 830.10
MARTINEZ REIMB / COFFEE MACHINES/ CULTURE CLUB 361140 12/8/2022 1,3 72.64 PARADISE VALLEY HOSPITAL COVID19 TESTING 361141 12/8/2022 180.50 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES- PW 361142 12/8/2022 78.57 PENSKE FORD R&M CITY VEHICLES FY 2023 361143 12/8/2022 30.67 POLICE AND FIRE PSYCHOLOGY PRE PSYCH EXAMS 361144 12/8/2022 1,050.0 0 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES- PW 361145 12/8/2022 1 ,223.96 PROFESSIONAL SEARCH GROUP LLC TEMPORARY PLACEMENT- CARLEE BATTLE - PW 361146 12/8/2022 1,312.50 PRUDENTIAL OVERALL SUPPLY LAUNDRY SERVICES AND SUPPLIES / NUTRIT ION 361147 12/8/2022 2,434.16 REEDER TRAVEL REIMBURSEMENT 361148 12/8/2022 49.45
SAFETY-KLEEN SYSTEMS, INC PART #100030 RECOVERY FEE 361149 12/8/20 22 244.18 SAN DIEGO ICE MACHINES COMPANY 40 TONS OF SNOW FOR A KIMBALL HOL IDAY 361150 12/8/2022 9,913.00 SAN DIEGO MECHANICAL ENERGY REPAIRS TO HVAC SYSTEMS 361151 12/8/2 022 513.00 SAN DIEGO UNION TRIBUNE CIP 22-06 MLK COMMUNITY CENTER ADVERTISE 361152 12/8/2022 722.80 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY23 361153 12/8/2022 7,2 73.39 SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 361154 12/8/2022 279.0 0 SHARP ELECTRONICS CORPORATION MAINTENANCE 20 SHARP COPIERS FOR F Y23 361155 12/8/2022 3,186.18 SHEPHARD REIMB SHIPPING COSTS TO AZ 361156 12/8/2022 119.70 2/3Page 218 of 363

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 23
12/8/2022
SMART & FINAL MOP 45756 CASA YOUTH SNACKS 361157 12/8/2022 669.48 SMART SOURCE OF CALIFORNIA LLC PARKING VIOLATION NOTICE PD-220 36 1158 12/8/2022 7,636.50 SMART SOURCE OF CALIFORNIA LLC MOP 24302 PRINTING PD 361159 12/8/2 022 276.62 SORIANO CACEO REIMBURSEMENT SORIANO / NSD 361160 12/8/2022 212.39 SOUTH COAST EMERGENCY VEHICLE INTERNAL DAMAGE REPAIR / EQUIP. MA INT. 361161 12/8/2022 4,424.83 SOUTHERN CALIF TRUCK STOP MOP 45758 GENERAL AUTO SUPPLIES- PW 361 162 12/8/2022 110.59 SOUTHWEST CONSTRUCTION SERVICE CIP 20-07 CAMACHO REC CENTER HVAC REPLAC 361163 12/8/2022 13,371.91 STAPLES BUSINESS ADVANTAGE MOP OFFICE SUPPLIES/HED 361164 12/8/202 2 446.00 STAPLES BUSINESS ADVANTAGE MOP 45704 STAPLES ADVANTAG 361165 12/8/ 2022 12.96 SWEETWATER AUTHORITY WATER BILL FOR FACILITIES FY 2023~SEPT-N 361 166 12/8/2022 14,819.22 SYSCO SAN DIEGO INC FOOD / NUTRITION CENTER 361167 12/8/2022 3,118. 36 THE COUNSELING TEAM INTERNATIO EMPLOYEE SUPPORT SVCS, 2 PEOPLE/F IRE 361168 12/8/2022 225.00 THE STAR NEWS STAR NEWS - PUBLIC NOTICE 361169 12/8/2022 240.88 VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY23 361170 12/8/20 22 10,178.76 VISTA PAINT MOP 68834 PAINT SUPPLIES / NSD 361171 12/8/2022 349.07 VORTEX INDUSTRIES INC CITYWIDE ON-SITE SERVICE, REPAIRS 361172 12/ 8/2022 600.00 WARFIGHTER CONCEPTS LLC TRAINING TUITION INHOUSE SWAT NCPD 361173 12/8/2022 42,000.00 WEST PAYMENT CENTER INVESTIGATIONS SOFTWARE 361174 12/8/2022 660.75 WETMORES UNIV DUAL PURPOSE 361175 12/8/2022 615.80
WILLY'S ELECTRONIC SUPPLY MOP 45763 ELECTRIC SUPPLIES- PW 361176 1 2/8/2022 253.62 FLORES REIMBURSEMENT RFLORES FOR BOOT LIFT FY23 361177 12/8/2022 85 .00 A/P Total 631,226.07

WIRED PAYMENTS
U S BANK COMMUNITY DEVELOPMENT/US BANK STATEMENT 438931 12/7/2022 7 99.64 U S BANK CREDIT CARD EXPENSES / CITY MANAGER 438931 12/7/2022 3,008 .65 ADMINSURE INC WORKERS' COMPENSATION ACCOUNT REPLENISHM 659427 12/2 /2022 75,946.89 U S BANK MOP 19657 CC MACHACDO 663310 12/8/2022 4,191.83 GRAND TOTAL 715,173.08$
3/3Page 219 of 363

AGENDA REPORT

Department: Administrative Services - Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, February 7, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Warrant Register #24 for the period of 12/9/22 through 12/15/22 in the amount of $3,727,077.84

RECOMMENDATION:

Ratify Warrants Totaling $3,727,077.84

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Per Government Section Code 37208, below are the payments issued for period 12/9/22 – 12/15/22. Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
California Commercial Pool 361189 $63,395.76 Las Palmas Pool Renovation / Eng Haaker Equipment Company 361207 $450,554.74 Vactor 2110 Plus Sewer Cleaner Luth and Turley Inc 361212 $62,649.44 Liability Claim Cost State of California HCD 361233 $70,433.02 Assessment for Fiscal Year Tri-Group Construction & Dev 361239 $729,265.29 Safe Routes to School – Eng/PW Manuel Luis Ramirez 361246 $100,000.00 Liability Claim Cost City of San Diego 361260 $212,600.16 Fire & Emergency Med Dispatch SDG&E 361309 $60,265.43 Gas & Electric for Facilities FY23 Public Emp Ret System 221209 $270,695.22 Service Period 11/15/22 – 11/28/22

FINANCIAL STATEMENT:

Total Warrant Register $3,727,077.84

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

Warrant Register No. 24

PAYEE DESCRIPTION CHK NO DATE AMOUNT
4 IMPRINT INC BREW DESK MUG / CULTURE CLUB 361178 12/13/2022 2,086. 28 ADDICTION MEDICINE DOT DRUG AND ALCOHOL TESTING PROGRAM 361179 12/ 13/2022 1,100.00 AEP CALIFORNIA LLC OUTFITTING FOR FY23 POLICE DETECTIVE EXP 36118 0 12/13/2022 20,364.04 AETNA BEHAVIORAL HEALTH EMPLOYEE ASSISTANCE PROGRAM - DECEMBER 36 1181 12/13/2022 732.72 AIRGAS USA LLC MOP 45714 SAFETY SUPPLIES- PW 361182 12/13/2022 93.9 6 ALDEMCO FOOD / NUTRITION CENTER 361183 12/13/2022 2,227.99 ALTA LANGUAGE SERVICES INC EMPLO YEE BILINGUAL TESTING 361184 12/13 /2022 132.00 BOOT WORLD MOP 64096 SAFETY WEARING APPAREL- PW 361186 12/13/2022 1 ,095.42 BURKE WILLIAMS & SORENSEN LLP LEGAL SERVICES 361187 12/13/2022 3,07 0.90 BURKE WILLIAMS & SORENSEN LLP LEGAL SERVICES 361188 12/13/2022 2,57 4.70 CALIFORNIA COMMERCIAL POOL CIP 22-01 LAS PALMAS POOL RENOVATION - ENG 361189 12/13/2022 63,395.76 CASTILLO AGE FRIENDLY SENIOR SOCIALS DANCE DJ/MC 361190 12/13/2022 2,450.00 CHRISTENSEN & SPATH LLP LEGAL SERVICE / CDC-HA AGREEMENT 361191 1 2/13/2022 585.00 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICALS 361192 12/13/20 22 729.00 COZZINI BROS., INC. KNIFE/DELI SLICER/CAN OPENER SHARPENING 36119 3 12/13/2022 36.00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 361194 12/13/2022 4, 021.03 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 361195 12/13/2022 1, 093.91 DELGADO SUPPLY REIMBURSEMENT 361196 12/13/2022 729.60
DEPASCALE TRAINING SLI 3 361197 12/13/2022 468.00
DEPASCALE TRAINING SLI 4 361198 12/13/2022 468.00
ESGIL LLC PLAN CHECKS FOR FIRE DEPT, FY 2023 361199 12/13/2022 3,4 06.50 FACTORY MOTOR PARTS MOP 82766 AUTO SUPPLIES- PW 361200 12/13/2022 3 92.03 FERRERA, JR LIABILITY CLAIM COST 361201 12/13/2022 256.46 FIRE ETC MODEL 19 WILDLAND GLOVES /FIRE 361202 12/13/2022 1,060.31 FLORES FINAL MEETING PERFORMANCE 361203 12/13/2022 500.00 G2SOLUTIONS, INC NEW EMPLOYEE FINGERPRINT TESTING 361204 12/13/202 28 . 2 5 GOMEZ REFUND FOR STUDENT FORGRUPO FOLKLORICO 361205 12/13/2022 60.0 0 GRAINGER MOP# 65179, BATTERY ALKALINE AA/FIRE 361206 12/13/2022 68. 94 HAAKER EQUIPMENT COMPANY VACTOR 2110 PLUS SEWER CLEANER 361207 12 /13/2022 450,554.74 HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES AS NEEDED FOR BUILDI NG 361208 12/13/2022 424.63 JERRYS PHOTO BOOTH AGE FRIENDLY SENIOR SOCIALS DANCE 361209 12/13/ 2022 998.00 LIEBERT CASSIDY WHITMORE PERSONNEL MATTER 361210 12/13/2022 4,023. 50 LINARES EMPLOYEE CHRISTMAS PARTY - CATERING 361211 12/13/2022 3,249 .12 LUTH AND TURLEY INC. LIABILITY CLAIM COST 361212 12/13/2022 62,649. 44 MES CALIFORNIA #15780103 AKRON NOZZLES /FIRE 361214 12/13/2022 3,11 3.23 MOSSY NISSAN SERVICE REQUEST #4~-EQUIPMENT 361215 12/13/2022 664.92 NATIONAL CITY CHAMBER OF ECONOMIC DEVELOPMENT 361216 12/13/2022 810 .00 NATIONAL CITY TROPHY MOP 66556 OFFICE SUPPLIES- PW 361217 12/13/20 22 172.70 NV5 INC SERVICES - STAFF/COUNTER SUPPORT / ENG 361218 12/13/2022 40 ,036.25 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES- PW 361219 12/13/2022 2 20.66 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES- PW 361220 12/13/202 2 486.78 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES- PW 361221 12/13/202 2 23.63 PENSKE FORD R&M CITY VEHICLES FY 2023- EQUIPMENT MAINT 361222 12/1 3/2022 911.31 PORTES REIMBURSEMENT FOR SUPPLIES 361223 12/13/2022 152.69 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES- PW 361224 12/13/2022 552.40 PRUDENTIAL OVERALL SUPPLY LAUNDRY SERVICES FOR NUTRITION STAFF 36 1225 12/13/2022 771.83 SAM'S ALIGNMENT WHEEL ALIGNMENT SERVICE FOR CITY FY 23 361226 12/1 3/2022 70.00 SAN DIEGO HYDRAULICS MOP 85005 AUTO SUPPLIES- PW 361227 12/13/2022 69.75 WARRANT REGISTER # 24
12/15/2022
1/4Page 221 of 363

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 24
12/15/2022
SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 361228 12/13/2022 375. 20 SHRED-IT NOVEMBER- SERVICE FOR SECTION 8 361229 12/13/2022 130.75 SOUTHWEST BOULDER & STONE INC 20024- SUPREME WALK ON BARK 361230 1 2/13/2022 466.54 STAPLES BUSINESS ADVANTAGE MOP# 45704 TEMPUR-PEDIC 6450 / FIRE 36 1231 12/13/2022 584.86 STAPLES BUSINESS ADVANTAGE MOP 45704 PLANNING/CHAIR 361232 12/13/2 022 246.42 STATE OF CALIFORNIA HCD ASSESSMEN T FOR FISCAL YEAR 361233 12/13/2 022 70,433.02 SWEETWATER AUTHORITY WATER BILL FOR PARKS DIVISION FY 2023 36123 4 12/13/2022 20,557.30 SYSCO SAN DIEGO INC FOOD / NUTRITION CENTER 361235 12/13/2022 4,732 .40 TERMINIX INTERNATIONAL CITY OWNED FACILITIES ONGOING PEST- OCT 36 1237 12/13/2022 1,148.00 THOMSON REUTERS WEST SUBSCRIPTIONS 361238 12/13/2022 578.54 TRI-GROUP CONSTRUCTION AND DEV C IP 19-04 SAFE ROUTES TO SCHOOL - ENG/PW 361239 12/13/2022 729,265.29 U S BANK MONTLY CREDIT CARD STATEMENT - NOVEMBER 361240 12/13/2022 1,865.22 VELOCITY TRUCK CENTERS ENGINE AND TRANSMISSION A/C COOLANT 361241 12/13/2022 163.74 VULCAN MATERIALS COMPANY ASPHALT , TACK, 3/8 SHEET FY 2023~- STREETS 361242 12/13/2022 1,469.65 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES FOR FIRE STATIONS 36124 3 12/13/2022 1,489.91 WILLY'S ELECTRONIC SUPPLY MOP 45763 ELECTRIC SUPPLIES- PW 361244 1 2/13/2022 259.78 WRIGHT CONSTRUCTION CIP 19-35 PARADISE CREEK MITIGATION AT K 3612 45 12/13/2022 21,280.00 MANUEL LUIS RAMIREZ LIABILITY CLAIM COST 361246 12/14/2022 100,000. 00 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR SERVICE AND REPAIRS 36124 7 12/15/2022 36,000.00 ACADEMI TRAINING CENTER LLC TRAINING SHOOT 11/29/22 361248 12/15/2 022 1,077.29 ACE UNIFORMS & ACCESSORIES INC OFFICER WYATT UNIFORM 361249 12/15/ 2022 2,965.10 ALDEMCO FOOD / NUTRITION CENTER FOR 361250 12/15/2022 1,314.73 ALL FRESH PRODUCTS FOOD / NUTRITION CENTER 361251 12/15/2022 1,137 .93 ALLSTATE SECURITY INVICTA/ALLSTATE/NOVEMBER SECURITY SERVI 361252 12/15/2022 2,878.43 ARROWHEAD FORENSIC PRODUCTS PE SUPPLIES 361253 12/15/2022 486.11 AT&T AT&T & SBC ANNUAL PHONE SERVICE FOR FY23 361254 12/15/2022 2,1 09.42 AT&T AT&T & SBC ANNUAL PHONE SERVICE FOR FY23 361255 12/15/2022 91. 17 BNSF RAILWAY COMPANY ENGINEERING SUPPORT- SEGMENT 5 BAYSHORE 3612 56 12/15/2022 4,111.34 BURKE WILLIAMS & SORENSEN LLP LEGAL SERVICES / CAO 361257 12/15/20 22 4,664.00 CHEN RYAN ASSOCIATES INC CIP 21-25 WEST 19TH ST GREENWAY - ENG/PW 361258 12/15/2022 17,888.00 CITY OF NATIONAL CITY PETTY CASH REPLENISHMENT 361259 12/15/2022 14 8.56 CITY OF SAN DIEGO FIRE&EMERGNCY MED DISPATCH SVCS FY22-23, 361260 12/15/2022 212,600.16 COSTAR REALTY INFORMATION INC COSTAR REAL ESTATE TRANSACTION RES EARCH 361261 12/15/2022 5,750.04 COUNTY OF LOS ANGELES GSR KITS #2106132 361262 12/15/2022 922.00 COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY23 361263 12/15/2022 2,614.47 CYRACOM INTERNATIONAL, INC TRANSLATIONA SVCS 361264 12/15/2022 35.7 5 DATA DETECTION GROUP DATA CONVERSION 361265 12/15/2022 2,571.25 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 361266 12/15/2022 1, 320.00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 361267 12/15/2022 36 0.00 DELL MARKETING L P DELL R350 SERVERS 361268 12/15/2022 12,113.85 DEPARTMENT OF JUSTICE NEW EMPLOYEE FINGERPRINT TEST RESULTS - 361 269 12/15/2022 352.00 DEPT OF JUSTICE DOJ FINGERPRINTING 361270 12/15/2022 322.00 DEXON COMPUTER INC C9300-48U-A~ 361271 12/15/2022 22,568.00 DISCOUNT SPECIALTY CHEMICALS GOOP OFF QUARTS 12 X 1 PER CASE 3612 72 12/15/2022 745.02 D-MAX ENGINEERING INC CIP 19-04 SAFE ROUTES TO SCHOOL - ENG/PW 36 1273 12/15/2022 2,031.88 EXOS WORKS, INC EXOS/ POOL MAN AGEMENT FEES 361274 12/15/2022 9,783. 31 EXPERIAN CREDIT CHECKS 361275 12/15/2022 34.16
FACTORY MOTOR PARTS MOP 82766 AUTO SUPPLIES- PW 361276 12/15/2022 1 37.23 2/4Page 222 of 363

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 24
12/15/2022
FERGUSON ENTERPRISES 1350 MOP 45723 GENERAL SUPPLIES- PW 361277 1 2/15/2022 551.59 GEOSYNTEC CONSULTANTS INC CIP 20- 00 HAZARDOUS MATERIAL MANAGEMENT/ 361278 12/15/2022 1,390.49 GIL REIMB RANGE SUPPLIES 361279 12/15/2022 181.96
GRAINGER INV 9510659874. P&E SUPPLIES / PD 361280 12/15/2022 360.71 HAAKER EQUIPMENT COMPANY SHOP SUPPLIES/ENV CHARGES 361281 12/15/20 22 194.03 HDR ENGINEERING, INC. CIP 22-55 W ASTEWATER MASTER PLAN UPDATE 361 282 12/15/2022 8,994.00 HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES AS NEEDED FOR BUILDI NG 361283 12/15/2022 439.15 HRTM CONSULTING TELESTAFF TRAINING 361284 12/15/2022 800.00 KIMLEY HORN AND CIP 20-09 NC EASTSIDE I-805 COMMUNITY GR 361285 12 /15/2022 31,179.91 KTUA CIP 19-44 8TH AND ROOSEVELT ATP CALTRANS 361286 12/15/2022 5,0 69.65 LANGUAGE LINE SERVICES TRANSLATION SERVICES 361287 12/15/2022 55.77 LASER SAVER INC MOP 45725 INK CARTRIDGES FOR EL TOYON 361288 12/15 /2022 544.62 MAN K9 INC MONTHLY MAINT TRAINING CANINES 361289 12/15/2022 1,376.0 0 MEGLA MANUFACTURING INC INV# 2973 -PW/EQUIPMENT MAINTENANCE 36129 0 12/15/2022 3,107.00 MEYERS, NAVE, RIBACK, SILVER PROFESSIONAL SERVICES / CAO 361291 12 /15/2022 26,844.40 MIDWEST TAPE, LLC MIDWEST TAPE/BLU-RAYS/FY23 361292 12/15/2022 621. 47 MIDWEST TAPE, LLC MIDWEST TAPE/BLU-RAYS/FY23 361293 12/15/2022 435. 16 MOTOROLA SOLUTIONS INC RADIO MICS 361294 12/15/2022 4,665.70 MUNISERVICES ACFR-DIRECT & O VERLAPPING DEBT REPORT 361295 12/15/20 22 660.00 NATIONAL BUSINESS FURNITURE GUEST CHAIRS 361296 12/15/2022 1,211.83 NATIONAL CITY CAR WASH CARWASH SERVICES FOR FLEET FY 2023 361297 1 2/15/2022 598.99 NATIONAL CITY TROPHY MOP 66556 OFFICE SUPPLIES- PW 361298 12/15/20 22 186.23 NEOGOV GOVERNMENTJOBS.COM SUBSCRIPTION 361299 12/15/2022 1,676.27 PACIFIC STATES PETROLEUM INC HYDRA ULIC OIL, ENGINE OIL, AND VEHICLE 361300 12/15/2022 1,399.21 PLANETBIDS INC PLANETBIDS RENEWAL 10/13/21-10/12/22 361301 12/15/2 022 4,581.84 POLICE AND FIRE PSYCHOLOGY PSYCH EVAL NORIE 361302 12/15/2022 525.0 0 POWERSTRIDE BATTERY CO INC AUTO BATTERIES TO REPLENISH STOCK 3613 03 12/15/2022 1,359.76 PRO BUILD COMPANY MOP 45707 MOVIES NIGHTS 361304 12/15/2022 1,572.3 4 PROFORCE LAW ENFORCEMENT TAR CARTRIDGES 361305 12/15/2022 7,244.98 RADY CHILDREN'S HOSPITAL SAN D SART EXAM 361306 12/15/2022 550.00 SAN DIEGO MECHANICAL ENERGY REPAIRS TO HVAC SYSTEMS- PW/FACILITI ES 361307 12/15/2022 25,862.51 SASI INVOICE#120515 / INVOICE DATE 12/01/2022 361308 12/15/2022 58. 00 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY23 361309 12/15/2022 60 ,265.43 SEAPORT MEAT COMPANY FOOD/NUTRITION CENTER 361310 12/15/2022 358.43 SIRCHIE ACQUISITION COMPANY PE SUPPLIES 361311 12/15/2022 142.27 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES- PW 361 312 12/15/2022 279.66 STAPLES BUSINESS ADVANTAGE 10 CHAIRS FOR RECORDS 361313 12/15/2022 2,369.65 SWEETWATER AUTHORITY WATER BILL FOR PARKS DIVISION FY 2023 361314 12/15/2022 210.32 SYMBOLARTS, LLC BADGES BADGE REPAIRS 361315 12/15/2022 1,724.21 SYSCO SAN DIEGO INC FOOD / NUTRITION CENTER 361316 12/15/2022 4,280 .01 TECHNOLOGY INTEGRATION GROUP MIS EQUIP 361317 12/15/2022 1,305.00 THE COUNSELING TEAM FAMILY DAY TRAINING 361318 12/15/2022 512.50 THE SHERWIN WILLIAMS CO MOP 77816 PAINTING SUPPLIES- PW 361319 12/ 15/2022 155.73 T-MOBILE MOBILE USA INC. RFW/T- MOBILE/LIBRARY/NOVEMBER 22 361320 1 2/15/2022 528.50 T-MOBILE MOBILE USA INC. GPS LOCATE CASE 223448 361321 12/15/2022 2 5.00 TOPECO PRODUCTS MOP 63849 AUTO SUPPLIES- PW 361322 12/15/2022 8.73 TREJO REIMBURSEMENT DECOR / NSD 361323 12/15/2022 253.01 U S BANK US BANK PAYMENT FY23 361324 12/15/2022 5,007.44 3/4Page 223 of 363

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 24
12/15/2022
ULINE PE SUPPLIES 361325 12/15/2022 4,232.88
UNDERGROUND SERVICE ALERT UNDERG ROUND SERVICE ALERT FY 2023 36132 6 12/15/2022 408.08 VULCAN MATERIALS COMPANY 3/4IN CL 2 BASE 361327 12/15/2022 677.08 VWR PAWS TOWELETTES 361328 12/15/2022 69.64
WEST PAYMENT CENTER INVESTIGAT IONS SOFTWARE 361329 12/15/2022 659.0 0 WETMORES MOP 80333 AUTO SUPPLIES- PW 361330 12/15/2022 68.24 WHENTOWORK INC RFW WHEN TO WORK YEARLY SUBSCRIPTION 361331 12/15/2 022 360.00 WILLY'S ELECTRONIC SUPPLY MOP 45763 ELECTRIC SUPPLIES- PW 361332 1 2/15/2022 293.49 MOLINA REIMBURSEMENT CONFERENCE EXPENSE 361333 12/15/2022 1,031.54 A/P Total 2,206,866.61

WIRED PAYMENTS
PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 11/15/2022-11/28/2022 221209 12/9/2022 270,695.22 CITY NATIONAL BANK LEASE PAYMENT #51 W/OPTION TO PURCHASE # 60612 6 12/14/2022 43,101.10 ARCO BUSINESS SOLUTIONS FUEL FOR CITY FLEET FY 23~ NOV 737635 12/9 /2022 48,369.35 U S BANK TRAINING CREDIT CARD 739873 12/13/2022 2,730.89 SECTION 8 HAPS Start Date End Date
12/9/2022 12/15/2022 32,734.37

PAYROLL
Pay period Start Date End Date Check Date
25 11/29/2022 12/12/2022 12/21/2022 1,122,580.30

GRAND TOTAL 3 ,727,077.84
4/4Page 224 of 363

AGENDA REPORT

Department: Community Development
Prepared by: Armando Vergara, Director
Meeting Date: Tuesday, February 7, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Public Hearing and Introduction of Multiple Ordinances Amending the National City Municipal Code Chapters 15.08, 15.14, 15.20, 15.24, 15.28, 15.75, 15.78, and 15.79 related to California Codes for Fire, Electrical, Energy, Building, Plumbing, Mechanical,

RECOMMENDATION:

Introduce the Ordinances for the 2022 California Fire Code and the National Fire Protection Association Standards; the 2022 California Building Code; the 2022 California Electrical Code and 2020 National Electrical Code; the 2022 California Energy Code; Appendix J of the 2022 California Building Code, and Amending Chapter 15.70 (Grading) of the National City Municipal Code; the 2022 California Green Building Standards Code; the 2022 California Mechanical Code; the 2022 California Plumbing Code; and the 2022 California Residential Code and all Appendices related to these Codes; receive public input; and schedule for the meeting of February 21, 2023, for consideration and adoption.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The purpose of this Public Hearing is to introduce Ordinances for the 2022 California Fire Code and the National Fire Protection Association Standards ; the 2022 California Building Code ; the 2022 California Electrical C ode and 2020 National Electrical Code; the 2022 California Energy Code; Appendix J of the 2022 California Building Code, and Amending Chapter 15.70 (Grading) of the National City Municipal Code; the 2022 California Green Building Standards Code; the 2022 California Mechanical C ode; the 2022 California Plumbing Code; and the 2022 California Residential Code and all Appendices related to these Codes. Adoption of these model codes by reference is authorized by Government Code Sections 50022.2 through 50022.4, and Section 6066.

State law requires that the City of National City adopt the same model codes as the State of California and limit technical amendments to those necessitated due to lo cal topographical, geographical or climatic conditions. Specific findings regarding local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. In order to simplify construction in National City, staff is recommending that the model codes be adopted with minimal revisions.

FINANCIAL STATEMENT:

Not applicable.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Housing and Community Development

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

Published in The Star News, on City Website and Posted on Bulletin Boards at City Hall.

ORDINANCE:

First Reading and Adoption

EXHIBITS:

Exhibit A – Ordinance 2022 California Mechanical Code
Exhibit B – Ordinance 2022 California Building Code
Exhibit C – Ordinance 2022 California Electrical & 2020 National Electrical Code Exhibit D – Ordinance 2022 California Energy Code
Exhibit E – Ordinance 2022 California Green Buildings Standards Code Exhibit F – Ordinance 2022 California Plumbing Code
Exhibit G – Ordinance 2022 California Residential Code
Exhibit H – Ordinance 2022 California Fire Code

ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2022 CALIFORNIA MECHANICAL CODE, INCLUDING APPENDIX CHAPTERS A,

B, C, D, E, F AND G, AMENDING CERTAIN SECTIONS OF THAT CODE, AND AMENDING CHAPTER 15.14 OF THE NATIONAL CITY MUNICIPAL CODE

The City Council of the City of National City does ordain as follows:

Section 1. The City Council of the City of National City adopts the 2022 California Mechanical Code, including Appendix Chapters A, B, C, D, E, F and G, except as amended in Chapter 15.14 of the National City Municipal Code.

Section 2. The City Council of the City of National City deletes, add, or modifies certain provisions of the 2022 California Mechanical Code.

Section 3. The City Council of the City of National City amends Chapter 15.14 of the National City Municipal Code to read as follows:

CHAPTER 15.14 CALIFORNIA MECHANICAL CODE
Sections:

15.14.005

15.14.015

15.14.020

15.14.025

15.14.030

15.14.035

15.14.040

15.14.045

15.14.050

15.14.060
2022 California Mechanical Code - Adopted.

Chapter 1, Division II, "Administration" – Adopted and A mended.

Chapter 1, Division II, Section 103 "Powers and Duties of the Authority Having Jurisdiction," Subsection 103.4 "Right of entry" – Amended.

Chapter 1, Division II, Section 107 "Board of Appeals," Subsection 107.1 "General" - Amended.

Chapter 1, Division II, Section 106 "Violations and Penalties," Subsection 106.1 "General" – Amended.

Chapter 1, Division II , Section 104 "Permits," Subsection 104.4.3 "Expiration" – Amended.

Chapter 1, Division II, Section 104 "Permits," Subsection 104.4.7 "Permit denial" – Added.

Chapter 1, Division II, Section 104.5 "Fees" – Amended.

Chapter 1, Division II, Table 104.5 "Mechanical permit fees” – Deleted.

Chapter 1, Division II, Section 104 "Permits," Subsection 104.3.2 "Plan review fees” – Amended.

15.14.065 Chapter 1, Division II, Section 104.5 "Fees," Subsection 104.5.2 "Investigation Fees" – Amended.

15.14.070

15.14.075
Chapter 1, Division II, Section 105 "Inspections and Testing," Subsection 105.2.6 "Re-inspections” – Amended.

Appendix Chapters A, B, C, D, E, F and G - Adopted.

15.14.005 2022 California Mechanical Code - Adopted. The City Council adopts and incorporates herein as the National City Mechanical Code, for the purpose of prescribing in the City of National City, regulations governing the erection, installation , alteration, repair, relocation, replacement , addition to, use or maintenance of any heating, ventilating, cooling, refrigeration system , incineration or other miscellaneous heat producing appliance, in or on any building or structure or outdoors on any premises or property, the 2022 California Mechanical Code, including Appendix Chapters A, B, C, and D, California Code of Regulations Title 24, Part 4, except such portions as are deleted, added, or amended by this chapter. The City Council does specifically and expressly find and declare that the nature and uniqueness of the dry Southern California climate, and the geographical and topographical conditions in the City of National City, including the age and concentration of structures, and differences in elevation throughout the City, do reasonably necessitate and demand specific changes in and variations from the 2022 California Mechanical Code. Copies of all codes are filed in the office of the building official and are adopted and incorporated as if fully set out in this chapter, and the provisions thereof shall be controlling within the city limits.

15.14.015 Chapter 1, Division II, "Administration" - Adopted and Amended. Chapter 1, Division II "Administration," of the 2022 California Mechanical Code is adopted subject to the additions, amendments and deletions provided in this Chapter.

15.14.020 Chapter 1. Division II, Section 103 "Powers and Duties of the Authority Having Jurisdiction,” Subsection 103.4 "Right of entry” – Amended. Section 103.4 of the 2022 California Mechanical Code is amended to read as follows:

103.4 Right of entry. When necessary to make inspections to enforce any provision of this code, or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official, or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code.

15.14.025 Chapter 1, Division II, Section 107 "Board of Appeals," Subsection 107.1 "General" - Amended. Section 107.1 of the 2022 California Mechanical Code is amended to read as follows:
107.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this code, the City Council shall appoint an ad hoc Board of Appeals consisting of three (3) members who are qualified by experience and training to pass upon matters pertaining to mechanical system design, construction, and maintenance and the public health aspects of mechanical systems and who are not employees of the City. Board members shall serve at the pleasure of the City Council. The Board shall comply with Rosenberg's Rules of Order in conducting their business and shall render written decisions and findings to the appellant with a copy to the Building Official. The Building Official shall take immediate action in

accordance with the decision of the Board, unless such decision is appealed to the City Council. Decisions of the Board may be appealed to the City Council by the appellant or by the Building Official within thirty (30) days of the decision of the Board, by the filing of a written notice of appeal with the Director of Community Development stating the reasons for the appeal. The appellant and the opposing party shall be given at least ten (10) days' notice of the time and place of the hearing on the appeal.

15.14.030 Chapter 1, Division II, Section 106 "Violations and Penalties," Subsection 106.1 "Violations" - Amended. Section 106.1 of the 2022 California Mechanical Code is amended to read as follows:

106.1 General. Violations of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code.

15.14.035 Chapter 1, Division II, Section 104 "Permits," Subsection 104.3 "Expiration" - Amended. Section 104.3 of the 2022 California Mechanical Code is amended to read as follows:

104.4.3 Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within twelve calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after work has commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Building Official within twelve calendar months of the date of permit issuance.

Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Building Official within each six months period upon commencement of work authorized by such permit.

Before such work can be recommenced, a new permit or renewal permit is obtained, as specified below, shall first be obtained.

1. Permits where work was not commenced. For permits for which work has not commenced in the first twelve calendar months from the date of issuance, a renewal permit may be obtained provided that:

A. No changes have been made or will be made in the original plans and specifications for such work;
B. The expiration has not exceeded three years from the original issuance date;
C. The same edition of the adopted codes is in effect as used in the initial plan check;

D. A fee equal to one-half the amount required for a new permit is paid, and
E. The renewal permit shall expire three calendar years from the date of the initial permit issuance.

Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of the new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit.

2. Permit where work was commenced. For permits where work was commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that:

A. No changes have been made or will be made in the original plans and specifications for such work ;
B. The expiration has not exceeded three years from the original issuance date;
C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed to the point of requiring only a final inspection, a fee equal to one-quarter of the amount required for new permit shall be paid; and
D. A renewal permit shall expire three calendar years from the date of the initial permit issuance.

3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained, provided that:

A. Construction in reliance upon the building permit has been commenced and has been approved;
B. No changes have been made or will be made in the original plans and specifications for such work; and
C. A fee equal to the full amount required for a new permit is paid, except that where the Building Official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid.

The maximum life of a permit renewal in accordance with sub-section 15.14.035.3 shall be one calendar year from the date of renewal. The permit may be renewed each calendar year thereafter provided that all requirements of Subsection A, B and C as stated in sub-section 15.14.035.3 are met.

4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of time within which work under that permit may be continued when for good and satisfactory reasons, as determined by the Building Official in his or Page 231 of 363

her sole discretion, the permittee is unable to continue work within the time required by section 15.14.035. The Building Official may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action being taken.

5. Permits issued where the permittee has been deployed to a foreign country may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee.

15.14.040 Chapter 1. Division II. Section 104 "Permits." Subsection 104.4.7 "Permit denial" - Added. Section 104.4.7 of the 2019 California Mechanical Code is added to read as follows:

104.4.7 Permit denial. The Building Official may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code.

15.14.045 Chapter 1. Division II, Section 104.5 "Fees" - Amended. Section 104.5 of the 2022 California Mechanical Code is amended as follows:

104.5 Fees. Fees shall be assessed in accordance with the current City of National City Fee Schedule.

15.14.050 Chapter 1. Division II, Table 104.5 "Mechanical permit fees" -Deleted.

Table 104.5 of the 2022 California Mechanical Code, "Mechanical Permit Fees," is deleted.

15.14.060 Chapter 1, Division II. Section 104.0 "Permits," Subsection 104.3.2 "Plan review fees" - Amended. Section 104.3.2, of the 2022 California Mechanical Code is amended as follows:

Section 104.3.2 Plan review fees. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged in accordance with the current City of National City Fee Schedule.

15.14.065 Chapter 1, Division II. Section 104.5 "Fees," Subsection 104.5 .2 “Investigation Fees” – Amended. Section 104.5.2 of the 2019 California Mechanical Code is amended to read as follows:

Section 104.5.2 Investigation Fees. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition Page 232 of 363

to a permit fee.

When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law.

15.14.070 Chapter 1, Division II, Section 105 "Inspections and Testing," Subsection 105.2.6 "Re-inspections” – Amended. Subsection 105.2.6 of the 2022 California Mechanical Code is amended to read as follows:

Section 105.2.6 Re-inspections. To obtain a re-inspection, the permittee shall pay the re-inspection fee in accordance with the current City of National City Fee Schedule. In instances where a re-inspection fee has been assessed, no further inspections shall be performed until the fees have been paid.

15.14.075 Appendix Chapters A. B, C, D, E, F and G - Adopted. Appendix Chapters A, B, C, D, E, F and G of the 2019 California Mechanical Code are adopted.

INTRODUCED at Regular Meeting of 7th day of February, 2023.

PASSED and ADOPTED this day of February, 2023.

_____________________________
Ron Morrison, Mayor

ATTEST:

____________________________
Shelley Chapel, MMC
Interim City Clerk

APPROVED AS TO FORM:

____________________________
Barry J. Schultz,
City Attorney

ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING VOLUMES I AND II AND APPENDICES B, C, D, F, G, H, I , J, K, L, M, N AND 0 OF THE 2022 CALIFORNIA BUILDING.CODE, AMENDING CERTAIN SECTIONS OF THAT CODE, AND AMENDING CHAPTER 15.08 OF THE NATIONAL CITY MUNICIPAL CODE

Section 1. The City Council of the City of National City hereby adopts Volumes I and 11, and Appendices B, C, D, F, G, H, I, J, K, L, M, N , AND O of the 2022 California Building Code, except as amended in Chapter 15.08 of the National City Municipal Code.

Section 2. The City Council of the City of National City consistent , with their findings adopted in 2013 under Ordinance No. 2013 -2392 , which are incorporated herein by reference, hereby deletes, adds, or modifies certain provisions of the 2022 California Building Code based on local climatic , topographic , or geological conditions that justify deviating from that code.

Section 3. The City Council of the City of National City amends Chapter 15 .08 of the National City Municipal Code to read as follows:

CHAPTER 15.08

CALIFORNIA BUILDING CODE
Sections:

15.08.010 2022 California Building Code - Adopted.

15.08.020 Chapter 2, Definitions - Amended.

15.08.025 Chapter 1, Division II, Section 104 "Duties and Powers of Building Official", Subsection 104.6 "Right of entry" - Amended.

15.08.030 Chapter 1, Division II, Section 105 "Permits", Subsection 105.2 "Work exempt from permit - Building" - Amended .

15.08.040 Chapter 1, Division II, Section 105 "Permits", Subsection 105.5 "Expiration" - Amended.

15.08.045 Chapter 1, Division II, Section 105 "Permits", Subsection 105.7 "Placement of permit" - Amended.

15.08.050 Chapter 1, Division II, Section 105 "Permits", Subsection 105.8 "Permit denial" - Added.

Chapter 1, Division II, Section 109 "Fees", Subsection 109.2 "Schedule of permit fees" - Amended.

Chapter 1, Division II, Section 109 "Fees," Subsection 109.7 "Plan review fees" - Added.

15.08.060 Chapter 1, D ivision II, Section 109 "Fees", Subsection 109. 4 "Work commencing before permit issuance" - Amended.

15.08.065 Chapter 1, Division II, Section 11O "Inspections", Subsection 110.3.8.1 "Re- inspections" - Added.

15.08.070 Chapter 1, Division 11, Section 111 "Certificate of Occupancy", Subsection 111.3 "Temporary occupancy" - Amended.

15.08 .075 Chapter 1, Division II, Section 113 "Board of Appeals ", Subsection 113.1 "General" - Amended.

15.08.080 Chapter 1, Division 11, Section 114 “Violations", Subsection 114.1 "Unlawful acts" - Amended.

15.08.085 Section 501 "General", Subsection 501.2 "Address identification" - Amended.

15.08.087 Survey required

15.08.090 Table 1505.1 "Minimum roof covering classification for types of construction" - Amended.

Chapter 18, Division II, Section 1803 "Geotechnical Investigations", Subsection 18.1.1.1 – Added.

Chapter 31, Division II, Section 3109 Swimming Pool Enclosures and Safety Devices, Subsection 3109.4.4.8 "Construction requirements for building a pool or spa" - Amended.

15.08.095 Appendix Chapters B, C, D, F, G, H, I, J, K, L, M, N, and O - Adopted.

15.08.010 2022 California Building Code - Adopted. The City Council adopts, for the purpose of prescribing regulations governing the erection, construction, enlargement, alteration , repair, moving, removal, demolition, conversion, occupancy, use, height, area, fire resistance and maintenance of all buildings and/or structures, Volumes I and II of the 2022 California Building Code, including both Administration Divisions I and II, published in the California Building Standards Commission 2022 Edition, based on the International Building Code 2021 Edition, California Code of Regulations, Title 24, Part 2, Part 2.5 of Division 13 of the California Health and Safety Code beginning with section 18901, and Appendices B, C, D, F, G, H, I, J, K, L, M, N, and O, save and except such portions as are deleted, added, or modified. The City Council does specifically and expressly find and declare that the nature and uniqueness of the dry Southern California climate, and the geographical and topographical conditions in the City of National City, including the age and concentration of structures, and differences in elevation throughout the City, do reasonably necessitate and demand changes in and variations from the 2022 California Building Code. Copies of all the codes are filed in the office of the building official and are adopted and incorporated as fully set out in this chapter, and the provisions thereof shall be controlling within the city limits.

15.08.020 Chapter 2. Definitions - Amended. Section 202 "Building, Existing" of the 2022 California Building Code is amended by amending the following definition

202 Building, Existing. An "existing building" is a building erected prior to the adoption of the 2022 California Building Code, or one for which a legal building permit has been issued. If more than fifty-percent of a structural roof or more than fifty-percent of all exterior walls are removed as part of a project, the building is not an existing building.

15.08.025 Chapter 1. Division II, Section 104 "Duties and Powers of Building Official", Subsection 104.6 "Right of Entry" - Amended. Subsection 104.6 of the 2022 California Building Code is amended to read as follows:

104.6 Right of Entry . When necessary to make an inspection to enforce any of the provisions of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists a condition that makes such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction, or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code.

15.08.030 Chapter 1. Division II, Section 105 "Permits, "Subsection 105.2" Work Exempt from Permit - Building” - Amended. Subsection 105.2 Building: Item 4 of the 2022 California Building Code is amended to read as follows:

(Items 1 - 3 unchanged)

4. Permits for retaining walls shall be as specified in the National City Municipal Code, Chapter 15.70.

(Items 5 - 13 unchanged)

Subsection 105.2 “Work exempt from permit - Building” of the 2022 California Building Code is amended by adding the following Subsections 14 through 17:

14. Playground, gymnastic and similar equipment and structures used

for recreation and athletic activities accessory to Group R Division 3 structures.

15. Repairs to lawfully existing Group R Division 3 structures and Group U occupancy structures accessory to Group R Division 3 structures constructed pursuant to a building permit which involves only the replacement of component parts or existing work completed with similar materials only for the purpose of maintenance and do not affect any structural components or plumbing, mechanical or electrical installations. Repairs ex empt from permit requirements shall not include any addition, change, or modification in construction, exit facilities or permanent fixtures or equipment. Specifically exempt from permit requirements are:
1) Painting and decorating including refinishing Exterior stucco finishes.
2) Of Installation of floor covering.
3) Cabinet Work
4) Outside paving on private property not within the public right-of- way.

16. Ground mounted satellite antennas not exceeding ten feet in diameter and roof mounted satellite antennas not exceeding eight feet in diameter.

17. Painted wall signs and Styrofoam or other foam mounted wall signs.

15.08.040 Chapter 1. Division II, Section 105 "Permits". Subsection 105.5 "Expiration" - Amended. Subsection 105.5 of the 2022 California Building Code is amended to read as follows:

105.5 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not co mmenced within twelve calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Authority Having Jurisdiction within six calendar months of the date of permit issuance.

Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction ion within each six-month period upon the initial commencement of work authorized by such permit.

Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained.

1. Permits where work has not commenced. For permits for which work has not commenced in the first twelve calendar months from the date of issuance, a renewal permit may be obtained provided that:

A. No changes have been made or will be made in the
original plans and specifications for such work;
B. The expiration has not exceeded three years from
the original issuance date;
C. The same edition of the California codes is in effect as used in the initial plan check;
D. A fee equal to one -half the amount required for a
new permit is paid; and
E. The renewal permit shall expire three calendar years

from the date of initial permit issuance.

Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one -half the amount required for a new permit.

1. Permits where work has commenced. For permits where
work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that:

A. No changes have been made or will be made in the
original plans and specifications for such work;
B. The expiration has not exceeded three years from
the original issuance date;
C. A fee equal to one -half the amount required for a
new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; and D. A renewal permit shall expire three calendar years
from the date of initial permit issuance.

2. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewal permit may be obtained provided that:

A. Construction in reliance upon the building permit has commenced and has been approved;
B. No changes have been made or will be made in the
original plans and specifications for such work; and
C. A fee equal to the full amount required for a new
permit is paid except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid.

The maximum life of a permit renewal in accordance with subsection

15.08.040(3) shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of Subsections A, B, and C, as stated in subsection 15.08.040(3), are met.

3. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when, for good and satisfactory reasons as determined by the Authority Having Jurisdiction in his or her sole discretion, the permittee is unable to continue work within the time required by section 15.08.040.

The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevent ed action from being taken.

Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee.

15.08.045 Chapter 1, Division II, Section 105 "Permits", Subsection 105.7 "Placement of Permit" - Amended. Subsection 105.7 of the 2022 California Building Code is amended to read as follows:

105.7 Placement of Permit. The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official.

15.08.050 Chapter 1, Division II, Section 105 "Permits", Subsection 105.8 "Permit Denial" - Added. Subsection 105.8 is added to the 2022 California Building Code to read as follows:

105.8 Permit Denial. The Authority having jurisdiction may deny the issuance of a building permit on any property where the re exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code.

15.8.55 Chapter 1, Division II, Section 109 "Fees", Subsection 109.2 "Schedule of Permit Fees" - Amended. Subsection 109.2 of the 2022 California Building Code is amended to read as follows:

109.2 Schedule of Permit Fees. Permit fees, including plan review fees, shall be assessed in accordance with the current City of National City Fee Schedule.

15.8.55 Chapter 1, Division II. Section 109 "Fees." Subsection 109.7 "Plan Review Fees" - Added. Subsection 109.7 is added to the 2022 California Building Code to read as follows

109.7 Plan Review Fees. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged in accordance with the current City of National City Fee Schedule.

15.08.060 Chapter 1, D ivision II. Section 109 "Fees", Subsection 109.4 "Work commencing before permit issuance" - Amended. Subsection 109.4 of the 2022 California Building Code is amended to read as follows:

109.4 Work Commencing before permit issuance . Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee.

When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law.

15.08.065 Chapter 1. D ivision II, Section 110 "Inspections". Subsection 110.3.8.1 “Re - inspections" - Added. Subsection 110.3.8.1 is added to the 2022 California Building Code to read as follows:

110.3.8.1 Re-inspections. A re -inspection fee may be assessed for each inspection or re-inspection when any of the following occurs:

1. The portion of work for which the inspection was called is not complete or the corrections previously required and called for are not made;

2. Calling for an inspection before the job is ready for such inspection or re-inspection;

3. The inspection record card or the approved plans are not posted or otherwise available to the inspector;

4. Failure to provide access on the date for which the
inspection is requested; or

5. Deviating from the approved plans when such deviation or change required approval of the building official.

To obtain a re -inspection, the permittee shall file an application in writing on a form provided for that purpose and pay the re -inspection fee in accordance with the current City of National City Fee Schedule. In instances where a re­ inspection fee has been assessed, no further inspections shall be performed until the fees have been paid.

15.08.070 Chapter 1. Division II, Section 111 "Certificate of Occupancy", Subsection 111.3 “Temporary Occupancy“- Amended. Subsection 111.3 of the 2022 California Building Code is amended to read as follows:

111.3 Temporary Certificate of Occupancy . Where a project or a major portion thereof is substantially complete and can be safely occupied, but practical difficulties delay completion of work , the building official may issue a Temporary Certificate of Occupancy for the use of a portion or portions of the building or structure prior to the completion of the entire project.

Prior to issuance of a Temporary Certificate of Occupancy, the premises shall be inspected by all affected city departments who shall prepare a list of work required to be completed and shall forward the list along with a recommendation for approval or disapproval of the issuance of a Temporary Certificate of Occupancy to the building official.

Upon receipt of a recommendation for approval from all affected City departments, the building official may prepare a Temporary Certificate of Occupancy granting temporary occupancy that shall include the following:

1. Work yet to be completed;

2. Maximum time allotted for completion of said work;

1. Property owner's signature and the signature of the
contractor agreeing to complete the work within the prescribed time or vacate the premises upon order of the building official until such work is completed;

2. Evidence that a faithful performance bond has been posted if required by any affected city department; and

3. A copy of the Temporary Certificate of Occupancy granting temporary occupancy shall be provided to all affected city departments.

15.08.075 Chapter 1. D ivision II, Section 113 "Means of Appeals ", Subsection 113.1 “General” - Amended. Subsection 113.1 of the 2022 California Building Code is amended to read as follows:

113.1 Means of Appeals . In order to hear and decide appeals of orders, decisions, or determinations of the Building Official relative to the application and interpretation of this code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members who are qualified by experience and

training to pass upon matters pertaining to building construction and who are not employees of the City. Board members shall serve at the pleasure of the City Council. The board shall comply with Rosenberg's Rules of Order in conducting their business, and shall render written decisions and findings to the appellant with a copy to the Building Official. Decisions of the Board may be appealed to the City Council by the appellant or by the Building Official within thirty (30) days of the decision of the Board, by the filing of a written notice of appeal with the Director of Commun ity Development stating the reasons for the appeal. The person filing the appeal and the opposing party shall be given at least ten (10) days' written notice of the time and place of the hearing on the appeal.

15.08.080 Chapter 1, Division II, Section 114 "Violations ", Subsection 114.1 “Unlawful acts" – Amended. Subsection 114.1 of the 2022 California Building Code is amended to read as follows:

114.1 Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.

Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code.

15.08.085 Section 501 "General", Subsection 501.2 "Address identification” - Amended.

Subsection 501.2 of the 2022 California Building Code is amended to read as follows:

501.2 Address identification. Every principal building or structure within the incorporated limits of the City of National City shall be identified by a designated street number as issued by the Engineering Department.

Approved numbers or addresses shall be placed on all new and existing buildings, adjacent to the principal entrance to the premises or at a point that is highly visible and legible from the street. If necessary, directional signs shall be posted showing proper access to the given address from a point where the Fire Department access roadway leaves the dedicated street, to the entrance of each addressed building. All such numbers shall be Arabic numerals or alphabetical letters and shall be a minimum of 4 inches (102mm) high w ith a minimum stroke width of 0.5 inches (12.7mm), and shall be placed on a contrasting background.

15.08.087 Survey required.

When any proposed building will be constructed up to the minimum front, side, or rear yard setback, and no monuments exist, a s urvey from a State of California licensed surveyor shall be required as part of the plan review submittal.

15.08.090 Table 1505.1 "Minimum roof covering classification for types of construction" - Amended. Table 1505.1 of the 2022 California Building Code is amended to read as follows:

Due to climatic and geographical conditions within the City of National City, Table 1505.1 is amended as follows:

Table 1505.1
Minimum Roof Covering
Classification for Types of Construction

IA IB llA llB lllA lllB IV VA VB

B B B B B B B B B

15.8.92 Chapter 18, Division II, Section 1803 "Geotechnical Investigations", Subsection 1803.1. 1. 1 - Added. Subsection 1803.1.1.1 is added to the 2022 California Building Code to read as follows:

1803.1.1.1 A geotechnical investigation shall be submitted with each application for a building permit for a new building or addition 500 square feet and larger. The investigation and report shall comply with the requirements of Section 1803.

15.8.93 Chapter 31, Division II, Secti on 3109 "Swimming Pools, Spas, and Hot Tubs," Subsection 3109.1 "Construction requirements for building a pool or spa" - Amended. Subsection 3109.1 of the 2022 California Building Code is amended to read as follows:

3109.1 Construction requirements for bu ilding a pool or spa . Whenever any building permit is issued and there is an existing swimming pool, toddler pool or spa, the permit shall require that the suction outlet of the existing swimming pool, toddler pool or spa be updated so as to be equipped with an anti-entrapment cover meeting current standards of the American Society for Testing and Materials (ASTM) or the American Society of Mechanical Engineers (ASME).

15.08.095 Appendix Chapters B, C, D, F, G, H, I, J, K. L, M, N and O - Adopted. Appendix Chapters B, C, D, F, G, H, I, J, K, L, M, N and O of the 2019 California Building Code are adopted.

INTRODUCED Regular Meeting of the 7th day of February, 2023.

PASSED and ADOPTED this day of February, 2023.

_______________________
Ron Morrison, Mayor
ATTEST:

______________________
Shelley Chapel, MMC
Interim City Clerk

APPROVED AS TO FORM:

______________________
Barry J. Schultz,
City Attorney

ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2022 CALIFORNIA ELECTRICAL CODE, INCLUDING ANNEX H, AND THE 2020

ELECTRICAL CODE, AND AMENDING CERTAIN SECTIONS OF THOSE CODES, AND AMENDING CHAPTER 15.24 OF THE NATIONAL CITY MUNICIPAL CODE.

The City Council of the City of National City does ordain as follows:

Section 1. The City Council of the City of National City adopts the 2022 California Electrical Code, Annex H of the 2022 California Electric Code, California Code of Regulations, Title 24, Part 3, including all Annexes, and the 2020 National Electrical Code except as amended in Chapter 15.24 of the National City Municipal Code.

Section 2. The City Council of the City of National City deletes, adds, or modifies certain provisions of the 2022 California Electrical Code and Annex H of the 2022 California Building Code, consistent with their findings adopted in 2013 under Ordinance No. 2013- 2386, which findings are incorporated herein by reference.

Section 3. The City Council of the City of National City amends Chapter 15.24 of the National City Municipal Code to read as follows:

CHAPTER 15.24 CALIFORNIA ELECTRICAL CODE
Sections:

15.24.005

15.24.010

15.24.015

15.24.020

15.24.025

15.24.030

15.24.035

15.24.040

15.24.045
2019 California Electrical Code, Annex H of the 2022 California Electrical Code and the 2020 National Electrical Code - Adopted and amended .

Annex H, Administration and enforcement - Adopted and amended .

Annex H, Section 80.13 "Authority", Subsection 80.13(7) "Right of entry" - Amended.

Annex H, Section 80.13 "Authority", Subsection 80.13(17) "Electric Fences Prohibited" - Added.

Annex H, Section 80.19 "Permits and Approvals", Subsection

80.19(0) "Annual permits" - Deleted.

Annex H, Section 80.19 "Permits and Approvals", Subsection

80.19(E) "Fees" - Amended.

Annex H, Section 80.23 "Notice of Violations, Penalties," Subsection 80.23(8)(4) "Work commencing before permit issuance" – Added.

Annex H, Section 80.19 "Permits and Approvals", Subsection

80.19(F) "Inspection and approvals" - Amended.

Annex H, Section 80.19 "Permits and Approvals", Subsection

80.19(H) "Applications and extensions" - Amended.

15.24.050

15.24.055

15.24.060

15.24.065

15.24.070

15.24.075

15.24.080
Annex H, Section 80.19 "Permits and Approvals ", Subsection

80.19(1) "Permit denial" - Added.

Annex H, Section 80.23 "Notice of violations, penalties" - Amended.

Annex H, Section 80.25 "Connection to electrical supply", Subsection 80.25(C) "Notification" - Deleted.

Annex H, Section 80.27 "Inspector's qualifications" - Deleted.

Annex H, Section 80.29 "Liability for damages" - Deleted.

Annex G, "Supervisory Control and Data Acquisition (SCADA)" - Deleted.

Article 89 "General Code Provisions", Subsection 89.108.8 "Appeals Board" - Amended.

15.24.005 2019 California Electrical Code, Annex H of the 2019 California Electrical Code and the 2017 National Electrical Code - Adopted and amended. The City Council adopts 2022 California Electrical Code, Annex H of the 2022 California Electric Code, California Code of Regulations , Title 24, Part 3, including all Annexes , and the 2020 National Electrical Code, for the purpose of prescribing in the City of National City, regulations governing the inspection of installations , investigation of fires caused by electrical installations , the review of construction plans, drawings, and specifications for electrical systems , the design , alteration , modification, construction , maintenance , and testing of electrical systems and equipment , the regulation and control of electrical installations at special events including but not limited to exhibits trade shows , amusement parks, and other similar special occupancies , in or on any building or structure , or outdoors on any premises or property. The City Council amends , deletes, or adds certain sections of the 2022 Electrical Code, Annex H of the 2022 Electrical Code, and the 2020 National Electrical Code, based on local climatic, topographic or geological conditions that justify deviating from said Codes. The City Council does specifically and expressly find and declare that the nature and uniqueness of the dry Southern California climate, and the geological and topographical conditions in the City of National City, including the age and concentration of structures , and the differences in elevation throughout the City, do reasonably necessitate and demand changes in and variations from the 2022 California Electrical Code. Copies of these codes are filed in the office of the building official, and are adopted and incorporated as if fully set out in this chapter, and the provisions thereof shall be controlling within the city limits.

15.24.010 Annex H. Administration and enforcement - Adopted and amended.

ANNEX H to the 2022 California Electrical Code entitled "Administration and Enforcement", is adopted subject to the following additions, amendments and deletions contained in this chapter.

15.24.015 Annex H, Section 80.13 "Authority", Subsection 80.13(7) "Right of entry" - Amended. Section 80.13(7) of Annex H of the 2022 California Electrical Code is amended to read as follows:

80.13(7) Right of entry. When necessary to make inspections to enforce any provision of this code, or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official, or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code.

15.24.020 Annex H, Section 80.13 "Authority", Subsection 80.13(17) "Electric Fences Prohibited" - Added. Section 80.13 (17) is added to Annex H of the 2022 California Electrical Code as follows:

80.13(17) Electrical Fences Prohibited. No electrical fence should be constructed maintained or operated within the City of National City. Electric fences as used herein, include all fences which in any way use electrical energy as an additional deterrent or have wires charged

with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith.

15.24.025 Annex H, Section 80.19 "Permits and Approvals". Subsection 80.19(0)" Annual Permits" - Deleted. Section 80.19(0) of Annex H of the 2022 California Electrical Code is deleted.

15.24.030 Annex H. Section 80 .19 "Permits and Approvals ", Subsection 80.19(E) " Fees" - Amended. Section 80.19(E) of Annex H of the 2022 California Electrical Code is amended to read as follows:

80.19(E) Fees. Fees shall be assessed in accordance with the current City of National City Fee Schedule.

15.24.035 Annex H. Section 80.23 "Notice of Violations. Penalties," Subsection

80.23(8)(4) "Work commencing before permit issuance" - Added. Subsection 80.23(8)(4) is added to Annex H of the 2022 California Electrical Code as follows :

80.23(8)(4) Work commencing before permit issuance. Any person who commences any work on a building- structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee.

When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law.

15.24.040 Annex H. Section 80.19 "Permits and Approvals". Subsection 80.19(F) "Inspection and approvals ” - Amended. Section 80.19(F) of Annex H of the 2022 California Electrical Code is amended to read as follows:

80.19(F) Inspection and approvals
1) All electrical systems and equipment for which a permit is required by this code shall be subject to inspection by the Building Official, and the electrical system shall remain accessible and exposed for inspection purposes until approved by the Building Official.

It shall be the duty of the permittee to cause the electrical system to remain accessible and exposed for inspection purposes. Neither the Building Official, nor the City of National City shall be liable for the expense entailed in the removal or replacement of any material required to permit inspection. When the installation of an electrical system and equipment is complete, an additional and final inspection shall be made. Electrical systems and equipment regulated by this code shall not be connected to the energy source until authorized by the Building Official.

Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other

ordinances of the City of National City. Inspections presuming to give authority to violate or cancel provisions of this code or other ordinances of the City of National City shall not be valid. 2) Inspection requests. It shall be of the duty of the permittee to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Building Official.

It shall be the duty of the permittee to provide access to and means for inspection of such work.
3) Operation of Electrical Equipment. The requirements of section

15.24.040 shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment.

The request for inspection of such equipment must have been with the Building Official not more than forty-eight hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building.
4) Re-inspections. A re-inspection fee may be assessed for each inspection or re-inspection when any of the following occurs:

A. The portion of the work for which the inspection was called is not complete or the corrections previously required are not made;
B. Calling for an inspection before the job is ready for such inspection or re-inspection;
C. The inspection record card or the approved plans are not posted or otherwise available to the inspector;
D. Failure to provide access on the date for which the
inspection is requested; or
E. Deviating from the approved plans when such deviation or change required approval of the Building Official.

To obtain a re-inspection, the permittee shall file an application in writing on a form provided for that purpose and pay the re- inspection fee in accordance with the current City of National City Fee Schedule. In instances where re-inspection fees have been assessed, no further inspections shall be performed until the fees have been paid.

15.24.45 Annex H, Section 80.19 "Permits and Approvals ". Subsection 80.19(H) "Applications and extensions” - Amended. Section 80.19(H) of Annex H of the 2019 California Electrical Code is amended to read as follows:

80.19(H) Application and Extensions. Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within twelve calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is

commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Building Official within twelve calendar months of the date of permit issuance.

Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Building Official within each six month period upon the initial commencement of work authorized by such permit.

Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained.

1. Permits where work has not commenced. For permits for which work has not commenced in the first twelve calendar months from the date of issuance, a renewal permit may be obtained provided that:

A. No changes have been made or will be made in the original plans and specifications for such work ;
B. The expiration has not exceeded three years from the original issuance date;
C. The same edition of the California codes is in effect as used in the initial plan check;
D. A fee equal to one-half the amount required for a new permit is paid; and
E. The renewal permit shall expire three calendar years from the date of initial permit issuance.

Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit.

2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that:

A. No changes have been made or will be made in the
original plans and specifications for such work;
B. The expiration has not exceeded three years from the original issuance date;
C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; and
D. A renewal permit shall expire three calendar years from the date of initial permit issuance.

3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that:

A. Construction in reliance upon the building permit has commenced and has been approved;
B. No changes have been made or will be made in the
original plans and specifications for such work;
C. A fee equal to the full amount required for a new permit is paid except that here the Building Official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid.

The maximum life of a permit renewal in accordance
with subsection 15.24.045.3 shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of Subsections A, B and C as stated in subsection 15.24.045.3 are met.

4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons as determined by the Building Official in his or her sole discretion, the permittee is unable to continue work within the time required by section 15.24.045. The Building Official may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken.

5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee.

15.24.050 Annex H. Section 80.19 "Permits and Approvals ", Subsection 80.19(1) “Permit denial" - Added. Subsection 80.19(1) is added to Annex H of the 2022 California Electrical Code to read as follows:

80.19(1) Permit Denial. The Building Official may deny the issuance of a building permit on any property where there exists an unsafe or substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction or a violation of the National City Municipal Code.

15.24.055 Annex H. Section 80.23 "Notice of violations, penalties" - Amended.

Section 80.23 of Annex H of the 2022 California Electrical Code is amended to read as follows:

80.23 Violations, Penalties. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.

Violations of any provisions of this code may be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code.

15.24.060 Annex H. Section 80.25 "Connection to electrical supply", Subsection

80.25(C)"Notification ion" - Deleted. Subsection 80.25(C) of Annex H of the 2019 California Electrical Code is deleted.

15.24.065 Annex H .Section 80.27 "Inspector's qualifications" - Deleted. Section

80.27 of Annex H of the 2019 California Electrical Code is deleted.

15.24.070 Annex H .Section 80.29 "Liability for damages" - Deleted. Section 80.29 of Annex H of the 2019 California Electrical Code is deleted.

15.24.075 Annex G. Supervisory Control and Data Acquisition (SCADA) - Deleted.

Annex G of the 2019 California Electrical Code is deleted.

15.24.080 Article 89 "General Code Provisions". Subsection 89.108.8 "Appeals Board" - Amended. Subsection 89.108.8 of Article 89 the 2022 California Electrical Code is amended to read as follows:

Section 107.1. Board of Appeals. In order to hear and decide appeals of orders, decisions, or determinations of the Building Official relative to the application and interpretation of this code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members who are qualified by experience and training to pass upon matters pertaining to building codes, regulations, and ordinances, and who are not employees of the City. Board members shall serve at the pleasure of the City Council.

The Board shall comply with Rosenberg's Rules of Order in conducting their business, and shall render written decisions and findings to the appellant with a copy to the Building Official. Decisions of the Board may be appealed to the City Council by the appellant or by the Building Official within thirty (30) days of the Decision of the Board by filing of a written notice of appeal with the Director of Community Development stating the reasons for the appeal. The person filing the appeals and the opposing party shall be given at least ten days' written notice of the time and place of the hearing on the appeal.

INTRODUCED at Regular Meeting of 7th day of February, 2023.

PASSED and ADOPTED this day of February, 2023.

_____________________________
Ron Morrison, Mayor

ATTEST:

____________________________
Shelley Chapel, MMC
Interim City Clerk

APPROVED AS TO FORM:

____________________________
Barry J. Schultz,
City Attorney

ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2022 CALIFORNIA ENERGY CODE, AND AMENDING SECTION 15.75.010 OF THE NATIONAL

CITY MUNICIPAL CODE

The City Council of the City of National City does ordain as follows:

Section 1. The City Council of the City of National City hereby adopts the 20 22 California Energy Code, California Code of Regulations, Title 24, Part 6, establishing regulations for the installation, maintenance, and alteration of energy systems within the city.

Section 2. The City Council of the City of National City amends Section

15.75.010 of the National City Municipal Code to read as follows:

15.75 .010 - 2022 California Energy Code - Adopted. The City Council adopts and incorporates herein, for the purpose of prescribing regulations for the conservation of energy, the, 2022 California Energy Code, California Code of Regulations, Title 24, Part. 6. Except as otherwise provided by this chapter, all construction of buildings where energy will be utilized shall be in conformance with the 2022 California Energy Code.

INTRODUCED at Regular Meeting of the 7th of February, 2023.

PASSED and ADOPTED this day of February, 2023.

Ron Morrison,
Mayor
APPROVED AS TO FORM:

Barry J. Schultz,
City Attorney
ATTEST:

_____________________
Shelley Chapel,
Interim City Clerk

ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, AND AMENDING SECTION 15.78.010 OF THE NATIONAL CITY MUNICIPAL CODE

The City Council of the City of National City does ordain as follows:

Section 1. The City Council of the City of National City hereby adopts the 2022 California Green Building Standards Code, California Code of Regulations Title 24, Part 11, establishing regulations to enhance building design and construction within the city.

Section 2. The City Council of the City of National City amends Section

15.78.010 of the National City Municipal Code to read as follows:

15.78.010 2022 California Green Building Standards Code - Adopted. The City Council adopts and incorporates herein for the purpose of prescribing regulations for the reduction of negative impacts or increasing positive environmental impacts and encouraging sustainable construction practices, the 2022 California Green Building Standards Code, California Code of Regulations Title 24, Part 11. All construction of buildings shall be in conformance with the 2022 California Green Building Standards Code, except as otherwise provided by this chapter.

INTRODUCED at Regular Meeting of 7th day of February, 2023.

PASSED and ADOPTED this day of February, 2023

Ron Morrison,
Mayor
APPROVED AS TO FORM:

Barry J. Schultz,
City Attorney
ATTEST:

Shelley Chapel, MMC
Interim City Clerk

ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2022 CALIFORNIA PLUMBING CODE AND TABLE 2902.1 OF THE 2022 CALIFORNIA BUILDING CODE, AMENDING CERTAIN SECTIONS OF THOSE CODES, AND AMENDING CHAPTER 15.20 OF THE NATIONAL CITY MUNICIPAL CODE

The City Council of the City of National City does ordain as follows:

Section 1. The City Council of the City of National City adopts the 2022 California Plumbing Code and Table 2902 .1 of the 2022 California Building Code, except as amended in Chapter 15.20 of the National City Municipal Code.

Section 2. The City Council of the City of National City deletes, adds, or modifies certain provisions of the 2019 California Plumbing Code and Table 2902.1 of the 2022 California Building Code.

Section 3. The City Council of the City of National City amends Chapter 15.20 of the National City Municipal Code to read as follows:

CHAPTER 15.20

CALIFORNIA PLUMBING CODE
Sections:

15.20.005

15.20.015

15.20.020

15.20.024

15.20.025

15.20.027

15.20.030

15.20.035

15.20.040
2022 California Plumbing Code - Adopted.

Chapter 1, Divisions I and II - Adopted and amended.

Chapter 1, Division II , Section 103 "Duties and Powers of the Authority Having Jurisdiction", Subsection 103.4 "Right of Entry" - Amended.

Chapter 1, Division II, Section 107 “Board of Appeals”, Subsection 107.1 "General" - Amended.

Chapter 1, Division II, Section 102 "Organization and Enforcement", Subsection 102.5 "Penalties" - Amended.

Chapter 1, Division II, Section 104.5 "Fees", Subsection 104.5.1 "Work Commencing Before Permit Issuance" - Amended.

Chapter 1, Division II, Section 104 "Permits ", Subsection 104.4.3 "Expiration" - Amended.

Chapter 1, Division II, Section 104 "Permits," Subsection 103.3.4 "Permit denial" - Added.

Chapter 1, Division II, Section 104 "Permits," Subsection 103.5 "Fees" - Amended.

2 15.20.042

15.20.045

15.20.050

15.20.060

15.20.065

15.20.070
Chapter 1, Division II, Section 104 "Permits," Subsection 104.6 "Placement of Permit - Added.

Chapter 1, Division II, Section 104 "Permits,” Subsection 104.3.2 "Plan review fees" - Amended.

Chapter 1, Division II, Section 105 "Inspections and Testing." Subsection 105.2.6 "Re-inspection’s " - Amended.

Chapter 1, Division II, Table 104.5 "Plumbing permits fees" - Deleted.

Chapter 1, Division II, Table 422 .1 "Minimum plumbing facilities" - Deleted.

Table 2902.1 "Minimum number of required plumbing fixtures of the 2022 California Building Code" - Adopted.

15.20.005 2022 California P l u m b i n g Code - Adopted. The City Council adopts, and incorporates herein as the city plumbing code, except as amended, deleted , or added by this chapter, for the purpose of prescribing in the City of National City, regulations governing the erection, installation, alteration, repair, relocation, replacement , addition to, use or maintenance of any plumbing, gas, or drainage piping and systems or water heating or treating equipment in or on any building or structure or outdoors on any premises or property, the 2022 California Plumbing Code, including Administration Divisions I and II, California Code of Regulations Title 24, Part 5, and Table 2902 .1 of the 2022 California Building Code. The City Council does specifically find and declare that the nature and uniqueness of the dry Southern California climate, and the geographical and topographical conditions in the City of National City, including the age and concentration of structures, and differences in elevation throughout the City do reasonably necessitate and demand specific changes in and variations from the 2022 California Plumbing Code. Copy of all codes are filed in the office of the building official and are adopted and incorporated as if fully set forth in this chapter, and the provisions shall be controlling within the city limits.

15.20.015 Chapter 1. Divisions I and II - Adopted and Amended. Chapter 1, Division I, "Administration" is adopted. Chapter 1, Division 11, "Administration" is adopted, subject to the additions, amendments, and deletions contained in this chapter.

15.20.020 Chapter 1. Division II. Section 103 "Duties and Powers of the Authority Having Jurisdiction “Subsection 103.4 "Right of Entry" - Amended. Subsection 103.4 of the 2022 California Plumbing Code is amended to read as follows:

103.4 Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code, or when the Building Official has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Building Official, or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code.

3 15.20.24 Chapter 1, Division II, Section 107 "Board of Appeals, Subsection 107.1 "General" - Amended. Subsection 107.1 of the 2022 California Plumbing Code is amended to read as follows:

107.1 General. In order to hear and decide appeals of orders, decisions, or determinations of the Building Official relative to the application and interpretation of this code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) of members who are qualified by experience and training to pass upon matters pertaining to plumbing design, construction, and maintenance, and the public health aspects of plumbing systems and who are not employees of the City. Board members shall serve at the pleasure of the City Council. The Board shall comply with Rosenberg's Rules of Order in conducting their business and shall render written decisions and findings to the appellant with a copy to the Building Official. Decisions of the Board may be appealable to the City Council by the appellant or by the Building Official within thirty (30) days of the decision of the Board, by the filing of a written notice of appeal with the Director of Community Development stating the reasons for the appeal. The person filing the appeal and the opposing party shall be given at least ten (10) days' written (?) notice of the time and place of the hearing on the appeal.

15.20.024 Chapter 1. Division II, Section 106 "Violations and Penalties" Subsection 106.3 "Penalties" - Amended. Subsection 106.3 of the 2022 California Plumbing Code is amended to read as follows:

106.3 Penalties. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code.

15.20.027 Chapter 1, Division II, Section 104.5 "Fees", Subsection 104.5.1 " Work Commencing Before Permit Issuance - Amended. Subsection 104.5.1 of the 2022 California Plumbing Code is amended to read as follows:

104.5.1 Work Commencing Before Permit Issuance . Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law.

15.20.030 Chapter 1. Division II, Section 104 "Permits," Subsection104.4.3. "Expiration" - Amended. Subsection 104.4.3 of the 2022 California Plumbing Code is amended to read as follows:

104.4.3 Expiration. Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within twelve calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit.

Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Building Official within twelve calendar months of the date of permit issuance.

Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Building Official within each six- month period upon the initial commencement of work authorized by such permit.

Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained.

1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that:

A. No changes have been made or will be made in the
original plans and specifications for such work ;
B. The expiration has not exceeded three years from the original issuance date;
C. The same edition of the California codes is in effect as used in the initial plan check;
D. . A fee equal to one-half the amount required for a
new permit is paid; and
E. The renewal permit shall expire three calendar years from the date of initial permit issuance.

Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit.

2. Permits where work has commenced For permits where work has commenced and was subsequently stopped as
defined herein, a renewal permit may be obtained provided that:

A. No changes have been made or will be made in the
original plans and specifications for such work ;
B. The expiration has not exceeded three years from the original issuance date;

C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; and D. A renewal permit shall expire three calendar years
from the date of initial permit issuance.

3. Permits that have exceeded three years. For permits
that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that:

A. Construction in reliance upon the building permit has commenced and has been approved;
B. No changes have been made or will be made in the
original plans and specifications for such work;
C. A fee equal to the full amount required for a new
permit is paid except that where the Building Official determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid.

The maximum life of a permit renewal in accordance with subsection

15.20.030.3 shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of Subsections A, B, and C as stated in subsection

15.20.030 .3 are met.

4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons, as determined by the Building Official in his or her sole discretion, the permittee is unable to continue work within the time required by section 15.20.030. The Building Official may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken.

5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment, if necessary, upon application for such relief by the permittee.

15.20.035 Chapter 1. Division II, Section 104 "Permits". Subsection 104.3.4 "Permit denial" - Added. Subsection 104.3.4 is added to the 2022 California Plumbing Code is to read as follows

104.3.4 Permit Denial. The Building Official may deny the issuance of a plumbing permit on any property where there exists an unsafe or a substandard building as provided in the Chapters 15.10 and 15.16 of the National City Municipal Code, or where there exists

unlawful construction, or where there exists a violation of the National City Municipal Code.

15.20.040 Chapter 1. D ivision II, Section 104 "Permits". Subsection 104.5 "Fees" - Amended. Subsection 104.5 of the 2022 California Plumbing Code is amended to read as follows:

Section 104.5 Fees. Fees shall be assessed in accordance with the current City of National City Fee Schedule.

15.20.042 Chapter 1, Division II, Section 104 "Permits," Subsection 104.6 "Placement of Permit" - Added. Subsection 104.6 is added to the 20 22 California Plumbing Code to read as follows:

The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official.

15.20.045 Chapter 1, Division II. Section 104 "Permits", Subsection 104.3.2 "Plan review fees" - Amended. Subsection 104.3.2 of the 2022 California Plumbing Code is amended to read as follows:

104.3.2 Plan Review Fees. When a plan or other data are required to be submitted by 104.3.1, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for plumbing work shall be assessed in accordance with the current City of National City Fee Schedule. When plans are incomplete or changed so as to require an additional plan review fee, the fee shall be assessed in accordance with the current City of National City Fee Schedule.

15.20.050 Chapter 1, Division II, Section 105 "Inspections and Testing", Subsection 105.2.6 "Re-inspection’s“ - Amended . Subsection 105.2.6 of the 2022 California Plumbing Code is amended to read as follows:

105.2.6 Re-inspections. A re-inspection fee may be assessed for each inspection or re-inspection when any of the following occurs:

1. The portion of work for which the inspection was called is not complete or the corrections previously required and called for are not made;

2. Calling for an inspection before the job is ready for such inspection or re-inspection;

3. The inspection record card or the approved plans are not posted or otherwise available to the inspector;

4. Failure to provide access on the date for which the inspection is requested; or,

5. Deviating from the approved plans when such deviation or change required approval of the building official.

To obtain a re-inspection, the permittee shall file an application in writing on a form provided for that purpose and pay the re-inspection fee in accordance with the current City of National City Fee Schedule. In instances where a re­ inspection fee has been assessed, no further inspections shall be performed until the fees have been paid.

15.20.060 Chapter 1, Division II, Table 104.5 "Plumbing permits fees" - Deleted. Table 104.5 of Chapter 1, Division II of the 20 22 California Plumbing Code, entitled "Plumbing Permit Fees", is deleted.

15.20.065 Table 422 .1 "Minimum plumbing facilities" - Deleted. Table 422.1 of Chapter 4, of the 2022 California Plumbing Code, entitled "Minimum Plumbing Facilities", is deleted.

15.20.070 Table 2902.1 "Minimum number of required plumbing fixtures of the 2022 California Building Code” - Adopted. Table 2902.1 of the 2022 California Building Code is adopted. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number shown in Table 2902 .1. Types of occupancies not shown in Table 2902.1 shall be considered individually by the Building Official. The number of occupants shall be determined by this code. Occupancy classification shall be determined in accordance with Chapter 3 of the 20 22 California Building Code.

INTRODUCED at Regular Meeting of February 7th, 2023

PASSED and ADOPTED this day of February, 2023.

Ron Morrison,
Mayor
ATTEST:

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

Barry J. Schultz,
City Attorney

ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2022

CALIFORNIA RESIDENTIAL CODE, AMENDING CERTAIN SECTIONS OF THAT CODE, AND AMENDING CHAPTER 15.79 OF THE NATIONAL CITY MUNICIPAL CODE

The City Council of the City of National City does ordain as follows:

Section 1. The City Council of the City of National City hereby adopts the 2022 California Residential Code, California Code of Regulations, Title 24, Part 2.5 except as amended in Chapter 15.79 of the National City Municipal Code.

Section 2. The City Council of the City of National City hereby amends, adds and deletes certain sections of the 2022 California Residential Code consistent with their findings in 2013, under Ordinance No. 2013-2393.

Section 3. The City Council of the City of National City amends Chapter 15.79 of the National City Municipal Code to read as follows:

CHAPTER 15.79

CALIFORNIA RESIDENTIAL CODE

Sections:

15.79.010 2022 California Residential Code adopted.

15.79.025 Chapter 1, Division II, Section R104 "Duties and Powers of the Building Official", Subsection R104.6 "Right of entry" - Amended.

15.79.030 Chapter 1, Division II, Section R105 "Permits", Subsection R105.2 "Work exempt from permit - Building" - Amended.

15.79.040 Chapter 1, Division II, Section R105 "Permits", Subsection R105.5 "Expiration" - Amended.

15.79.045 Chapter 1, Division II, Section R105 "Permits", Subsection R105.7 "Placement of permit" - Amended.

15.79.050 Chapter 1, Division II, Section R105 "Permits ", Subsection R105.8.1 "Permit denial" – Added.

15.79.055 Chapter 1, Division II, Section R108 "Fees", Subsection R108.2 "Schedule of permit fees" - Amended.

15.79.060 Chapter 1, Division II , Section R108 "Fees", Subsection R108.6 "Work commencing before permit issuance" - Amended15.79.065

15.79.065 Chapter 1, Division II, Section R109 "Inspections", Subsection 109.3.1 "Re - inspections" - Added.

15.79.070 Chapter 1, Division II, Section R110 "Certificate of Occupancy", Subsection R110.4 "Temporary occupancy" - Amended.

15.79.075 Chapter 1, Division II, Section R112 "Board of Appeals", Subsection R112.1 "General" - Amended.

15.79.076 Chapter 1, Division II , Section 112 "Board of Appeals," Subsection 112.4 "Administration" – Added

15.79.080 Chapter 1, Division II, Section R113 "Violations ", Subsection R113.1 "Unlawful acts" - Amended.

15.79.082 Section 202 Definitions "Building Existing" - Amended.

15.79.085 Chapter 1, Division II, Section R319 "Site Addresses ", Subsection R319.1 "Address identification" - Amended.

15.72.090 Chapter 1, Division II, Section R902 "Fire Classification", Subsection R902.1.3 "Roofing coverings in all other areas" - Amended.

15.79.095 Plan review fees.

15.79 .010 California Residential Code adopted. The City Council adopts, for the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area, fire resistance and maintenance of one- and two-family dwellings and townhouses not more than three stories above grade, the 2022 California Residential Code, published by the California Building Standards Commission based on the International Residential Code 2021 Edition, including specified Appendices, including Administration Divisions I and II, California Code of Regulations Title 24, and Part 2.5 of the California Health and Safety Code beginning with Section 18901, and save and except such portions as are deleted , added, or modified based on the clima tic, topographic, or geologic conditions. The City Council does specifically and expressly find and declare that the nature and uniqueness of the dry Southern California climate, and the geological and topographical conditions in the City of National City, including the age and concentration of structures, and differences in elevation throughout the City, do necessitate and demand specific changes in and variations from the 20 22 California Residential Code. Copies of the codes are filed in the office of the building official, and are adopted and incorporated as fully set out in this chapter, and the provisions thereof shall be controlling within the city limits.

15.79.025 Chapter 1, DIVISION II, Section R -104 "Duties and powers of the "Building Official", Subsection R104.6 "Right of entry" - Amended. Subsection R104.6 of the 20 22 California Residential Code is amended to read as follows:

R104.6 Right of Entry. When necessary to make an inspection to enforce any of the provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction, or designee, may request entry as specified in Chapter 1.12 of the National City Municipal Code

15.79.30 Chapter 1. DIVISION II, Section R105 "Permits", Subsection R105.2 "Work exempt from permit - Building" - Amended. Chapter 1, DIVISION II, Subsection R105.2 o f the 2022 California Residential Code is amended by adding the following Subsections 11 through 14:

11. Playground, gymnastic and similar equipment and structures used for recreation and athletic activities accessory to Group R Division 3 structures.

12. Repairs to lawfully existing Group R Division 3 structures and Group U occupancy structures accessory to Group R Division 3 structures constructed pursuant to a building permit which involves only the replacement of component parts or existing work completed with similar materials only Page 262 of 363 for the purpose of maintenance and do not affect any structural components or plumbing, mechanical or electrical installations. Repairs exempt from permit requirements shall not include any addition, change, or modification in construction, exit facilities or permanent fixtures or equipment. Specifically exempt from permit requirements are:

A. Painting and decorating including refinishing of exterior stucco finishes.

B. Installation of floor covering.

C. Cabinet work.

D. Outside paving on private property not within the public right-of-way.

E Replacement of existing windows with no structural modification of the existing window opening.

13. Ground mounted satellite antennas not exceeding ten feet in diameter and roof mounted satellite antennas not exceeding eight feet in diameter.

14. Painted wall signs and styrofoam or other foam mounted wall signs.

15.79.040 Chapter 1, DIVISION II, Section R105 "Permits", Subsection R105.5 "Expiration" - Amended. Subsection R105.5 of the 2022 California Residential Code is amended to read as follows:

R105.5 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within twelve calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Authority Having Jurisdiction within twelve calendar months of the date of permit issuance.

Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each six -month period upon the initial commencement of work authorized by such permit.

Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained.

1. Permits where work has not commenced. For permits for which work h as not commenced in the first twelve calendar months from the date of issuance, a renewal permit may be obtained provided that:

A. No changes have been made or will be made in the original plans and specifications for such work;
B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check;
D. A fee equal to one-half the amount required for a new permit is paid; and E. The renewal permit shall expire three calendar years from the date of initial permit issuance.

F. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall r eflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one -half the amount required for a new permit.

2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that:

A. No changes have been made or will be made in the original plans and specifications for such work; Page 263 of 363
B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved t o the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid;
D. A renewal permit shall expire three calendar years from the date of initial permit issuance.

3. Permits that have exceeded three y ears. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that:

A. Construction in reliance upon the building permit has commenced and has been approved;
B. No changes have been made or will be made in t he original plans and specifications for such work;
C. A fee equal to the full amount required for a new permit is paid except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid.

The maximum life of a permit renewal in accordance with subsection 15.70.040.3 shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of A, B, and C as stated in subsection 15.70.040.3 are met.

4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons, as determined by the Authority Having Jurisdiction , in his or her sole discretion , the permittee is unable to continue work within the time required by section 15.79.040. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken.

5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee.

15.79.045 Chapter 1, DIVISION II. Section R105 "Permits". Subsection R105.7 "Placement of permit" - Amended. Subsection R105.7 of the 20 22 California Residential Code is amended to read as follows:

R105.7 Placement of permit. The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official.

15.79.050 Chapter 1. DIVIS ION II, Section R105 "Permits", Subsection R105.8.1 "Permit denial" - Added. Subsection R105.8.1 is added to the 2022 California Residential Code to read as follows:

R105.8.1 Permit denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in the Chapters 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code.

15.79.055 Chapter 1. DIVISION II. Section R108 "Fees". Subsection R108.2 - "Schedule of permit fees" - Amended. Subsection R108.2 of the 2022 California Residential Code is amended to read as follows:

R108.2 Schedule of permit fees. Permit fees, including plan review fees, shall be assessed in accordance with the current City of National City Fee Schedule.

15.79.060 Chapter 1. DIVISION II. Section R108 "Fees". Subsection R108.6 "Work commencing before permit issuance" - Amended. Subsection R108.6 of the 2019 California Residential Code is amended to read as follows:

R108.6 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law.

15.79.65 Chapter 1. DIVISION II, Section R109 "Inspections", Subsection 109.3.1 "Re - inspections" - Added. Subsection R109.3.1 is added to the 2022 California Residential Code to read as follows:

R109.3.1 Re-inspections. A re-inspection fee may be assessed for each inspection or re- inspection when any of the following occurs:

1. The portion of work for which the inspection was called is not complete or the corrections previously required and called for are not made;

2. Calling for an inspection before the job is ready for such inspection or re-inspection;

3. The inspection record card or the approved plans are not posted or otherwise available to the inspector;

4. Failure to provide access on the date for which the inspection is requested; or,

5. Deviating from the approved plans when such deviation or change required approval of the building official.

6. To obtain a re -inspection, the permittee shall file an application in writing on a form provided for that purpose and pay the re-inspection fee in accordance with the current City of National City Fee Schedule. In instances where a re­ inspection fee has been assessed, no further inspections shall be performed until the fees have been paid.

15.79.070 Chapter 1. DIVISION II, Section R11O "Cert ificate of Occupancy", Subsection R110.4 'Temporary occupancy" - Amended. Subsection R110.4 of the 2019 California Residential Code is amended to read as follows:

R110.4. Temporary Certificate of Occupancy. Where a project or a major portion thereof is substantially complete and can be safely occupied , but practical difficulties delay completion of work , the building official may issue a Temporary Certificate of Occupancy for the use of a portion or portions of the building or structure prior to the completion of the entire project.

Prior to issuance of a Temporary Certificate of Occupancy, the premises shall be inspected by all affected city departments who shall prepare a list of work required to be completed and shall forward the list along with a recommendation for approval or disapproval of the issuance of a Temporary Certificate of Occupancy to the building official.

Upon receipt of a recommendation for approval from all affected city departments. The building official may prepare a Temporary Certificate of Occupancy granting temporary occupancy that shall include the following:

1. Work yet to be completed;

2. Maximum time allotted for completion of said work;

3. Property owner's signature and the signature of the contractor agreeing to complete the work within the prescribed time or vacate the premises upon order of the building Page 265 of 363 official until such work is completed;

4. Evidence that a faithful performance bond has been posted if required by any affected city department; and

5. A copy of the Temporary Certificate of Occupancy granting temporary occupancy shall be provided to all affected city departments.

15.79.75 Chapter 1. DIVISION II. Section R112 "Board of Appeals ". Subsection R112.1 "General" - Amended. Subsection R112.1 of the 20 22 California Residential Code is amended to read as follows:

R112.1 Board of Appeals. In order to hear and decide appeals of orders, decisions , or determinations of the Building Official relative to the application and interpretation of this code, the City Council shall appoint an ad hoc Board of Appeals comprised of three (3) members who are qualified by experience and training to pass judgment on matters pertaining to construction , and who are not employees of the City. Board members shall serve at the pleasure of the City Council. The Board shall comply with Rosenberg's Rules of Order in conducting their business, and shall render written decisions and findings to the appellant, with a copy to the Building Official. Decisions of the Board may be appealed to the City Council by the appellant or by the Building Official within thirty (30) days of the decision of the Board by the filing of a written notice of appeal with the Director of Community Development stating the reasons for the appeal.

The person filing the appeal and the opposing party shall be given at least ten (10) days' written notice of the time and place of the hearing on the appeal.

15.79.76 Chapter 1, Division II, Section 112 "Board of Appeals." Subsection R112.4 "Administration" - Added. Subsection R112.4 of the 20 22 California Residential Code is added to read as follows
R112.4 Administration. The Building Official shall take immediate action in accordance with the decision of the board, unless such decision is appealed to the City Council.

15.79.080 Chapter 1. DIVISION II, Section R113 "Violations ", Subsection R113.1 "Unlawful acts" - Amended. Subsection R113.1 of the 20 22 California Residential Code is amended to read as follows:

R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to er ect, construct , enlarge , alter, repair, move, improve, remove, convert or demolish, equip, use occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.

Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code.

15.79.082 Section R202 "Definitions," "Building Existing" - Amended. Section R202 Definitions "Building, Existing" of the 2019 California Residential Code is amended to read:

R202 Building, Existing. An "existing building" is a building erected prior to the adoption of the 2022 California Residential Code, or one for which a legal building permit has been issued.

If more than fifty -percent of a structural roof or more than fifty -percent of all exterior walls are removed as part of a project, the building is not an existing building.

15.79.085 Chapter 1, DIVISION II, Section R319 "Site Addresses ", Subsection R319.1 "Address Identif ication" - Amended. Subsection R319.1 of the 20 22 California Residential Code is amended to read as follows:

R319.1 Address Identification. Every principal building or structure within the incorporated limits of the City of National City shall be identified by a designated street number as issued by the National City Fire Department. Page 266 of 363
Approved numbers or addresses shall be placed on all new and existing buildings, adjacent to the principal entrance to the premises or at a point that is highly visibl e and legible from the street. If necessary, directional signs shall be posted showing proper access to the given address from a point where the Fire Department access roadway leaves the dedicated street to the entrance of each addressed building. All such numbers shall be Arabic numerals or alphabetical letters and shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inches (12.7mm), and shall be placed on a contrasting background.

15.72.090 Chapter 1, DIVISION II, Section R902 " Fire Classification", Subsection R902.1.3 "Roof Coverings in all other areas" - Amended. Subsection R902.1.3 of the 2022 California Residential Code is amended to read as follows:

R902.1.3 Roof Coverings in all other areas . The entire roof covering of eve ry existing structure where more than fifty percent (50%) of the total roof area is replaced within any one - year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire -retardant roof covering that is at least Class B.

15.79.095 Plan review fees . When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged in accordance with the current City of National City Fee Schedule.

INTRODUCED At Regular Meeting of 7th day of February, 2023.

PASSED and ADOPTED this day of February, 2023.

_______________________
Ron Morrison
Mayor

ATTEST:

_________________________
Shelley Chapel, MMC
Interim City Clerk

APPROVED AS TO FORM:

___________
Barry J. Schultz,
City Attorney

ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2022 CALIFORNIA FIRE CODE AND THE APPENDICES THERETO, ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE (TITLE 24, PART 9 OF THE CALIFORNIA CODE OF REGULATIONS), ADOPTING

THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS, AND AMENDING CHAPTER 15.28 OF THE NATIONAL CITY MUNICIPAL CODE

The City Council of the City of National City does ordain as follows:

Section 1. The City Council of the City of National City hereby adopts the 2022 California Fire Code, the 2022 California Building Standards Code (Title 24, Part 9 of the California Code of Regulations), and the Appendices thereto, and the National Fire Protection Association Standards except as amended in Chapter 15.28 of the National City Municipal Code.

Section 2. The City Council finds that, consistent with their findings adopted in 2013 under Ordinance No. 2019-2467, which findings are incorporated herein by reference, the amendments being made in this Chapter 15.28 are reasonably necessary because of local climatic, geological, or topographical conditions: namely, that the age of structures, separation and density create an increased risk of conflagration meriting more stringent standards. A copy of this ordinance shall be filed with the Office of the State Fire Marshal and the State Building Standards Commission. This action is taken pursuant to Health and Safety Code sections 17958.7 and 18941.5.

Section 3. The City Council of the City of National City hereby amends and deletes certain sections of the 2022 California Fire Code, based on local climatic, topographic, or geological conditions that justify deviating from that Code.

Section 4. The City Council of the City of National City hereby amends Title 15 , Chapter

15.28 of the National City Municipal Code to read as follows:

CHAPTER 15.28

CALIFORNIA FIRE CODE
Sections:

15.28.002

15.28.010

15.28.020

15.28.030

15.28.035

Findings and declarations.
2022 California Fire Code - Adopted and Amended.

Establishment and duties of fire prevention bureau.

Definitions.

Chapter 55 "Cryogenic Fluids," Section 5504 "Storage," Subsection 5504.3 "Outdoor storage" - Amended.

15.28.040

15.28.050

15.28.060

15.28.070

15.28.080

15.28.085

15.28.090

15.28.100

15.28.110

15.28.120

15.28.130

15.28.140

15.28.150

15.28.160.

15.28.170
Chapter 57 "Flammable and Combustible Liquids," Section 5704 "Storage," Subsections 5704.2.9.6.1 and 5706.2.4.4 "Locations where above-ground tanks are prohibited" - Amended.

Chapter 61 "Liquefied Petroleum Gases," Section 6104 Location of LP -Gas Containers," Subsection 6104.2 "Maximum capacity within established limits" - Amended.

Chapter 56 "Explosives and Fireworks," Section 5601 General" - Amended. (Reserved)
Chapter 1 "Scope and Administration," Division II” Administration," Section 102.7 "Referenced Codes and Standards" - Amended.

Chapter 3 "General Requirements," Section 307 "Open Burning, Recreational Fires and Portable Outdoor Fireplaces, Subsection 307.4.1 "Bonfires" - Amended.

Chapter 3 "General Requirements," Section 307 "Open Burning, Recreational Fires and Portable Outdoor F ireplaces," Subsection 307.4.2 "Recreational Fires" - Amended.

Chapter 10 "Means of Egress," Section 1013 "Exit Signs," Subsection 1013.6.1 "Graphics" - Amended.

Chapter 57 "Flammable and Combustible Liquids," Section 5704 "Storage," Subsection 5704.3.3.9 "Idle Combustible Pallets" - Amended.

Chapter 5 "Fire Service Features," Section 503 "Fire Apparatus Access Roads," Subsection 503.2.7 "Grade, ” and Appendix Section D103.2 "Minimum Specifications," Subsection D103.2 "Grade" - Amended.

Chapter 5 "Fire Service Features," Section 503 "Fire Apparatus Access Roads," Subsection 503.6 "Security gates" - Amended.

Chapter 1 "Scope and Administration," Division II "Administration," Section 109, "Board of Appeals", Subsection 109.1, "Board of Appeals established" - Amended
New materials, processes or occupancies, which may require permits.

Chapter 1 "Scope and Administration, " Division II "Administration," Section 105 "Permits," Subsection 105.3.1 "Expiration" - Amended
Penalties.

15.28.002 Findings and declarations. The City Council of the City of National City, does specifically and expressly find and declare that the nature and uniqueness of the dry Southern California climate, and the geographical and topographical conditions in the City of National City do reasonably necessitate and demand specific changes in and variations from the 2022 California Fire Code, which are noted in and made part of this chapter as authorized by Health and Safety Code Sections 17958.7 and 18941.5. These conditions result from the age and concentration of structures and the increased risk of conflagration spread as a result.

15.28.010 2022 California Fire Code - Adopted and amended. There is adopted by the City Council of the City of National City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion and establishing a fire prevention bureau, the 20 22 California Fire Code, and the appendices thereto , including both Administration Divisions I and II, published by the International Code Council and the California Building Standards Commission, and the National Fire Protection Association Standards (current edition) published by the National Fire Protection Association , save and except such portions as are hereinafter deleted, added, or amended . Within this chapter, those codes may be collectively referred to as th e California Fire Code. One copy of this adopted code is on file in the office of the fire marshal of the City of National City. The code is adopted and incorporated as fully as if set out as length herein, and from the date on which this chapter shall tak e effect, shall be controlling within the limits of the City of National City.

A.28.20 Establishment and duties of fire prevention bureau.

A. The California Fire Code shall be enforced by the fire prevention bureau in the fire department in the City of National City, which is established and shall be operated under the supervision of the chief of the fire department.

B. The battalion chief/fire marshal in charge of the fire prevention bureau shall be appointed by the chief of the fire department of the City of National City.

C. The director of emergency services may detail members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the city manager of National City the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the same position.

15.28.030 Definitions.

A. The word "jurisdiction” used in the 2022 California Fire Code means the City of National City.

B. Whenever the words "chief of the bureau of fire prevention” are used in the California Fire Code, they shall be held to mean the fire marshal of the City of National City.

C. Where reference to the Uniform Building Code, or Building Code, or any Nationally Recognized Standard is made, it means the currently adopted edition.

D. Where the word "Administrator'' is used in the California Fire Code, it shall be held to mean the city council of the City of National City. Whenever t he term "City" is used, it means the City of National City.

E. Where the term "corporation counsel" is used in the California Fire Code, it shall be held to mean the city attorney for the City of National City.

F. "Fire authority having jurisdiction (FAHJ) " means the designated entity providing enforcement of fire regulations as they relate to planning, construction, and development. This entity may also provide fire suppression and other emergency services.

G. Whenever the term "this code" is used, it mean s the 20 22 California Fire Code as modified by the City of National City with the deletions, amendments, and additions contained in this chapter.

H. Whenever the terms "chief', "fire chief', "chief of the fire department" are used, they mean the "director of the department of emergency services ".

15.28.035 Chapter 55 "Cryogenic Fluids," Section 5504 "Storage," Subsection 5504.3 "Outdoor storage " – Amended. Subsection 5504.3 of the 2022 California Fire Code is amended to read as follows:

5504.3 The Establishment of Limits for Storage of Flammable Cryogenic Fluids. The storage of flammable cryogenic fluids is prohibited in all areas within the City limits of National City, except within the following zones as established by the National City Land Use Code: MM and IM; Medium Manufacturing; MH and IH; Heavy Manufacturing ; MT- Tidelands Manufacturing .

15.28.040 Chapter 57 "Flammable and Combustible Liquids." Section 5704 "Storage, ” Subsections 5704 .2.9.6.1 and 5706 .2.4.4 "Locations where abo ve-ground tanks are prohibited" - Amended. Subsections 5704.2 .9.6.1 and 5706 .2.4.4 of the 20 22 California Fire Code are amended to read as follows:

5704.2.9.6.1, 5706.2.4.4 All areas within the city limits of the City of National City except for those areas zoned commercial or manufacturing, as established, defined, and set under the zoning regulations in Title 18 of the National City Municipal Code.

15.28.050 Chapter 61 "Liquefied Petroleum Gases," Section 6104 "Location of LP- Gas Containers." Subsection 6104.2 “Maximum capacity within established limits” – Amended.

Subsection 6104.2 of the 2022 California Fire Code is amended to read as follows:

6104.2 All areas within the city limits of the City of National City, except for those areas zoned commercial or manufacturing, as established, defined, and set under zoning regulations in Title 18 of the National City Municipal Code.

15.28.060 Chapter 56 "Explosives and Fireworks," Section 5601 - Amended. Section 5601 of the 2019 California Fire Code is amended to read as follows:

5601 The permanent storage of explosives and/or fireworks shall be strictly prohibited within the city limits of the City of National City. Temporary storage may be allowed, by permit, during setup for excavation, demonstration, or other use, when in the opinion of the fire marshal, there are significant measures in place to ensure public safety.

15.28.070 (Reserved)

15.28.080 Chapter 1 "Scope and Administration," Division II "Administration." Subsection 102.7 "Referenced Codes” and Standards" - Amended. Subsection 102.7 of the 2022 California Fire Code is amended to read as follows:

102.7 The codes, standards, and publications adopted and set forth in this code, including other codes, standards and publications referred t o therein are, by title and their most current edition, hereby adopted as standard reference documents of this code. When this code does not specifically cover any subject related to building design and construction, recognized fire engineering practices shall be employed. The National Fire Codes and the Fire Protection Handbook of the National Fire Protection Association are permitted to be used as authoritative guides in determining recognized fire - prevention engineering practices.

15.28.085 Chapter 3 "General Requirements," Section 307 "Open Burning, Recreational Fires and Portable Outdoor Fireplaces," Subsection 307.4.1 "Bonfires” - Amended.

Subsection 307.4.1 of the 2022 California Fire Code is amended to read as follows:

307.4.1 Bonfires. Bonfires are strictly prohibited within the City Limits.

15.28.090 Chapter 3 "General Requirements." Section 307 "Open Burning.

Recreational Fires and Portable Outdoor Fireplaces," Subsection 307.4.2 "Recreational Fires" - Amended. Subsection 307.4.2 of the 2022 California Fire Code is amended to read as follows:

307.4.2 Recreational Fires. Recreational Fires are strictly prohibited within the City limits.

15.28.100 Chapter 10 "Means of Egress," Section 1013 "Exit Signs." Subsection 1013.6.1 "Graphics” - Amended. Subsection 1013.6.1 of the 20 22 California Fire Code is amended to read as follows:

1013.6 .1 Graphics. Every exit sign and directional exit sign shall have plainly legible letters not less than 6 inches (152 mm) high with the principal strokes of the letters not less than 0.75 inch (19.1 mm) wide. The word "EXIT" shall have letters having a width not less than 2 inches (51 mm) wide, except the letter "I," and the minimum spacing between letters shall not be less than 0.375 inch (9.5 mm). Signs larger th an the minimum established in this section shall have letter widths, strokes, and spacing in proportion to the height.

The word "EXIT" shall be green in color and in high contrast with the background and shall be clearly discernible when the means of exit sign illumination is or is not energized. If a chevron directional indicator is provided as part of the exit sign, it shall be green in color, the construction shall be such that the direction of the chevron directional indicator cannot be readily changed.

15.28.110 Chapter 57 "Flammable and Combustible Liquids," Section 5704 "Storage," Subsection 5704 .3 .3 .9 "Idle Combustible Pallets" - Amended. Subsection 5704.3 .3.9 of the 2022 California Fire Code is amended to read as follows:

Idle Combustible Pallets. The storage of empty wooden or plastic pallets is prohibited, except as follows:

1. Outdoor Storage. Pallets may be stored outside of a building or in a detached building. Pallets shall not be stacked closer than 5 feet from any building.

2. Indoor Storage. Pallets shall not be stored indoors unless the premises are protected with an automatic fire sprinkler system in accordance with NFPA Standard 13, section titled Protection of Idle Pallets, except when both of the following conditions are met:
a. Pallets are stored no higher than 6 feet.
b. Each pallet pile of no more than 4 stacks shall be separated from other pallet piles by at least 8 feet of clear space and 25 feet from any commodity.

15.28.120 Chapter 5 "Fire Service Features, ” Section 503 "Fire Apparatus Access Roads,” Subsection 503.2 .7 "Grade." and Appendix Section 0103.2 “Minimum Specifications.” Subsection 0103.2 “Grade” – Amended. Subsection 503.2.7 and Appendix Subsection 0103.2 of the 2022 California Fire Code are amended to read as follows:

503.2 .7 and Appendix Subsection 0103 .2 Grade. The maximum permitted gradient for a fire apparatus access road shall not exceed 15%.

15.28.130 Chapter 5 "Fire Service Features." Section 503 "Fire App aratus Access

Roads," Subsection 503 .6 "Security Gates" - Amended. Subsection 503.6 of the 2022 California Fire Code is amended as follows:

503.6 All gates or other structures or devices which could obstruct fire access roadways or otherwise hinder emerg ency operations are prohibited unless they meet standards approved by the Chief and receive Specific Plan Approval.

All automatic gates across fire access roadways and driveways shall be equipped with an approved key-operated switches overriding all command functions and opening the gate(s). Gates accessing more than four residences or residential lots, or gates accessing hazardous institutional, educational or assembly occupancy group structures, shall also be equipped with an approved emergency traffic control-activating strobe light sensor(s), or other devices approved by the Chief, which will activate the gate on the approach of emergency apparatus with a battery back -up or manual mechanical disconnect in case of power failure.

All automatic gates must meet fire department policies deemed necessary by the Chief for rapid, reliable access.

15.28.140 Chapter 1 "Scope and Administration." Division II " Administration." Section 111. "Means of Appeals", Section 111. 1. “Means of Appeals established" - Amended. Subsection 111.1 of the 2022 California Fire Code is amended as follows:

111.1 In order to hear and decide appeals of orders, decisions, or determinations made by the Fire Marshal relative to the application and interpretation of this code, the C ity Council shall appoint an ad hoc Board of Appeals consisting of three (3) members who are qualified by experience and training to pass judgment on matters pertaining to hazards of fire, explosions, hazardous conditions and/or fire protection systems, and are not employees of the City. Board members shall serve at the pleasure of the City Council.

The board shall comply with Rosenberg's Rules of Order in conducting their business and shall render written decisions and findings to the appellant with a copy to the Fire Marshal. The Fire Marshal shall take immediate action in accordance with the decision of the Board, unless such decision is appealed to the City Council. Decisions of the board may be appealed to the City Council by the appellant or by the Fire Marshal within thirty (30) days of the decision of the Board, by the filing of a written notice of appeal with the Director of Emergency Services stating the reasons for the appeal. The person filing the appeal and the opposing party shall be given at least ten (10) days' written notice of the time and place of the hearing on the appeal.

15.28.150 New materials. Processes or occupancies. Which may require permits. The building and safety director, the chief of the fire department and the fire marshal shall act as a committee to determine and specify, after giving effected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those now enumerated in said code. The fir e marshal shall post such list in a conspicuous place in his/her office and distribute copies thereof to interested parties.

15.28.160 Chapter 1 "Scope and Administration." Division II " Administration," Section 105 "Permits”. Subsection 105.3.1 "Expiration" - Amended. Subsection 105.3.1 of the 2022 Fire Code is amended as follows:

105.3.1 Expiration. Every permit issued by the Fire Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within twelve calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Fire Authority Having Jurisdiction within six calendar months of the date of permit issuance.

Work shall be presumed to be stopped if the permittee has not obtained a required inspection of work by the Fire Authority Having Jurisdiction within each six-month period upon the initial commencement of work authorized by such permit.

Before such work can be recommenced, a new permit, or renewal permit as specified below, shall be first obtained.

1. Permits where work has not commenced. For permits for wh ich work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that:

A. No changes have been made or will be made in the original plans and specifications for such work.

B. The expiration has not exceeded three years from the original issuance date;
C. The same edition of the California codes is in effect as used is in the initial plan check;
D. A fee equal to one-half the amount required for a new permit is paid; E. The renewal permit shall expire three calendar years from the date of initial permit issuance.

Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit.

2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that:

A. No changes have been made or will be ma de in the original plans and specifications for such work;
B. The expiration has not exceeded three years from the original issuance date;
C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one -quarter the amount required for a new permit shall be paid; and
D. A renewal permit shall expire three calendar years from the date of initial permit issuance.

3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewal permit may be obtained provided that:

A. Construction in reliance upon the building permit has commenced and has

been approved;
B. No changes have been made or will be made in the original plans and specifications for such work; and
C. A fee equal to the full amount required for a new permit is paid except that where the Fire Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid.

The maximum life of a permit renewal in accordance with subsection 15.28.160(3) shall be one calendar year from the date of renewal. The permit may be renewed for ea ch calendar year thereafter provided that all requirements of subsections A., B., and C., as stated in subsection

15.28.160(3), are met.

4. Extension of an unexpired permit. For an extension of an unexpired permit, the permitee may apply for an extension of time within which work under that permit may be continued when, for good and satisfactory reasons as determined by the Fire Authority Having Jurisdiction in his or her sole discretion, the permittee is unable to continue work within the time required by sec tion 15.28 .160. The Fire Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken.

5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment, if necessary, upon application for such relief by the permittee.

15.28.170 Penalties. Any person who shall violate any of the provisions of the 2022 California Fire Code adopted, or any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved is guilty of a misdemeanor.

INTRODUCED At Regular Meeting of 7th day of February, 2023.

PASSED and ADOPTED this day of February, 2023.

_______________________
Ron Morrison
Mayor
ATTEST:

_________________________
Shelley Chapel, MMC
Interim City Clerk

APPROVED AS TO FORM:

___________
Barry J. Schultz,
City Attorney

AGENDA REPORT

Department: City Attorney's Office
Prepared by: Barry J. Schultz, City Attorney
Meeting Date: Tuesday, February 7, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Public Hearing and Introduction of an Ordinance of the City Council of the City of National City, California Establishing the Compensation of the Mayor and City Council.

RECOMMENDATION:

Introduce an ordinance adjusting Mayor and City Council compensation in accordance with City Council direction.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

As an election has occurred and resulted in elected officials beginning new terms of office, the City Council at its January 17th meeting discussed changes to their compensation. In accordance with Government Code section 36516.5 changes to compensation must coincide with elections at which members begin a new term in office. Changes made to compensation outside this window will not be effective until the following term in office (in two years).

The last salary adjustment for Mayor and City Council occurred on February 21, 2017. The last salary adjustment set the base salary of the City Council at $1,189.78 per month and the base salary of the Mayor at $4,532.13 per month.

Compensation increases cannot exceed 5% per calendar year from the date of the last increase in compensation, Government Code Section 36516(a)(4) . An elected mayor, pursuant to Government Code Section 36516.1, may be provided with additional compensation to that which he/she receives as a councilmember. There are no limitations imposed on the amount of the Mayor’s compensation.

The City Council, in a 4 to 1 vote 1, directed staff to prepare an ordinance increasing their compensation by 30%. The 30% increase would increase City Council compensation to $1,546.71 per month and the Mayor’s compensation to $5,891.77 per month. A proposed ordinance is attached increasing the salaries of the Mayor and City Council by 30% and is being submitted for introduction. Increasing the compensation of City Council and the Mayor will also require a budget appropriation for the remainder of fiscal year 2023.

Should the City Council wish to amend the ordinance's provisions, any proposed revisions should be included in a motion introducing the ordinance. Once the ordinance is adopted any additional changes will require re-introduction, with final adoption to occur at a later meeting. Delaying final

1 Mayor Morrison voted against.

adoption of the ordinance in this manner may raise issues regarding the timeliness of the action under applicable state law.

FINANCIAL STATEMENT:

An increase at the maximum 30% allowable by law will add approximately $36,500 of new expenditures to the General Fund.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

First Reading

EXHIBITS:

Exhibit A - Ordinance

ORDINANCE NO. 2023 –

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

CALIFORNIA ESTABLISHING THE COMPENSATION OF THE MAYOR AND CITY

COUNCIL
BE IT ORDAINED by the City Council of the City of National City as follows:

Section 1. That the base monthly compensation for the City Council is established at $1,546.71 per month, pursuant to the provisions of Sections 36516 and 36516.5 of the California Government Code.

Section 2. That the base monthly compensation for the Mayor is established at $5,891.77 per month, pursuant to the provisions of Sections 36516.1 of the California Government Code.

PASSED and ADOPTED this ____ day of _____________, 2023. _____________________________
Ron Morrison, Mayor

ATTEST:
_____________________________
Shelley Chapel, MMC, Interim City Clerk

APPROVED AS TO FORM:
_____________________________
Barry J. Schultz, City Attorney

AGENDA REPORT

Department: Library and Community Services
Prepared by: Joyce Ryan, Library & Comm Svcs Director Meeting Date: Tuesday, February 7, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Senior Nutrition Infrastructure Grant Acceptance

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, authorizing the Mayor to execute an amendment to the agreement between the City of National City and the County of San Diego to accept the Senior Nutrition Infrastructure Grant and establish grant fund appropriations of $198,815 and corresponding revenue budget.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The City of National City entered into an agreement with the County of San Diego on January 29, 2020 to provide Senior Meals, congregate and home-delivered, to local residents. The agreement (Contract No. 561763) provides funding from the Older Americans Act through San Diego County's Aging & Independence Services (AIS) department to provide hot, nutritious lunches during the week, for adults age 60 and older. The program integrates nutritiona l standards into their meals, available Monday through Friday for lunch.

The Senior Nutrition Program at the George H. Waters Nutrition Center provides approximately 30,000 hot, nutritious meals to local seniors per year. Although some equipment is relatively new, there are additional pieces of older equipment and two service vehicles. The Senior Nutrition Infrastructure Grant will fund two new hotshot vehicles for meal delivery, along with needed kitchen equipment.

FINANCIAL STATEMENT:

Approval of the Resolution authorizes the establishment of a grant fund appropriation of $198,815 and a corresponding revenue budget.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Health, Environment, and Sustainability

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – 561763-09 Amendment - NC Nutrition Center
Exhibit B – County Contract Number 561763
Exhibit C – Resolution – Senior Nutrition Infrastructure Grant

RESOLUTION NO. 2023 -

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

CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE

AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN

DIEGO TO ACCEPT THE SENIOR NUTRITION INFRASTRUCTURE GRANT AND THE ESTABLISHMENT OF GRANT FUND APPROPRIATIONS OF $198,815 AND CORRESPONDING REVENUE BUDGET.

WHEREAS, the George H. Waters Nutrition Program provides thousands of healthy congregate and home-delivered meals to our local seniors every year; and

WHEREAS, the City of National City had entered into an agreement with the County of San Diego in order to receive subsidized funding for the meals served to our local senior population; and

WHEREAS, the County of San Diego has made additional funding available to the City of National City through its Senior Nutrition Infrastructure Grant program; and

WHEREAS, staff recommends City Council approve the amendment to the agreement between the City and County in order to facilitate the purchase of needed equipment for the George H. Waters Nutrition Center and its Senior Nutrition Program.

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

CALIFORNIA, DOES RESOLVE, DEC LARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the City Council hereby authorizes the Mayor to execute an amendment to the agreement between the City of National City and the County of San Diego to accept the Senior Nutrition Infrastructure Grant and the establishment of grant fund appropriations of $198,815 and corresponding revenue budget.

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

Resolution No. 2023 –
Page Two

PASSED and ADOPTED this 7th day of February, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, Interim City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT

Department: Administrative Services - Finance
Prepared by: Paul Valadez, Budget Manager
Meeting Date: Tuesday, February 7, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Resolution of the City Council of the City of National City, California authorizing various fiscal year 2023 first quarter budget adjustments

RECOMMENDATION:

Accept the staff report and adopt the resolution authorizing fiscal year 2023 supplemental budget appropriations.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

BACKGROUND
As part of the City of National City’s Strategic Plan objective to provide consistent financial reports, this staff report presents an update on the City’s financial operations for the first quarter of fiscal year 2022-2023.

DISCUSSION
Budgets are project ions based on known and anticipated future revenues and expenditures.

Throughout the year, staff monitor and analyze revenues and expenditures, develop projections, and provide periodic financial reports to the City Council, City Manager, and department directors.

The totals presented herein reflect revenue and expenditure totals for the period of July 1st through September 30th for the current and prior years.

1st Quarter Fiscal Year 2023
The fiscal year 2023 adopted budget estimated an increase in the General Fund unassigned fund balance of $364,000. Since it is early in the fiscal year, the ability to project year -end revenue and expenditure totals and actual use of fund balance is limited. The most useful information at the end of the first quarter is a comparison of the fiscal -year-to-date totals o f the City’s major revenue sources and expenditure categories for the period for the current and prior fiscal years.

This information is summarized in the tables below.

Revenues
Revenue Source FY 23 FY 22 change
Sales & Use Tax $ 1,966,351 $ 1,727,081 $239,270
District Transactions & Use Tax $ 1,221,101 $ 974,972 $246,129 Property Tax $60,077 $ 44,614 $15,463
Property Tax in Lieu of VLF - - -
Other Revenues $2,888,487 $1,080,661 $1,807,826
Total $ 6,136,016 $ 3,827,328 $2,308,688

The sales & use tax and district transactions & use tax revenue amounts shown are those distributed to the City by the State in September for July sales activity. Fiscal year 2023 sales & use tax and district transaction & use tax revenues are $485,000 hi gher than fiscal year 2022’s through the end of the first quarter. Although it is too early to draw definitive conclusions from this limited data, this aligns with the latest outlook provided by the City’s sales tax consultant for a continued modest growth for sales tax . The two largest categories of sales tax revenue for National City are auto sales & transportation and general consumer goods.

Fiscal year 2023 property tax revenue for the first quarter, consisting primarily of payments related to unsecured and supplemental property tax bills, is $15,000 higher than that of fiscal year 2022 for the period. While the revenue is low for both years, this is normal at this point of the year, as the largest portions of property tax revenues are typicall y received in December and April, corresponding to tax payment due dates . Early reports from the County indicate that secured property taxes, the most significant component of the Property Tax category, will be in line with the City’s adopted budget.

Because the distribution of property tax in lieu of VLF revenue occurs in January and May, no allocation of this revenue was received in the first quarter of the current or previous fiscal year.

However, staff estimates this revenue will be $8.2 million in fi scal year 2023 compared to $7.7 million in fiscal year 2022.

First quarter fiscal year 2023 revenues in the “Other Revenues” category are $1.8 million higher than for fiscal year 2022 at the same point in time. The increase is primarily due to the posting of $1.1 million of unrealized gains on investments, as well as increases of $280,000 in Transient Lodging Tax and $150,000 in Plan Checking Fees.

Expenditures

Expenditure Type FY 23 FY 22 change
Personnel Services $9,617,253 $15,301,085 $(5,683,833) Maintenance & Operations (M&O) $730,472 $739,288 $(8,816) Capital Projects $10,861 $220,770 $(209,910)
Internal Service Charges $2,095,456 $1,909,594 $185,861 Total $18,138,887 $ 18,100,633 $(5,716,697)

Although Personnel Services costs in the General Fund are $5.7 million less than fiscal year 2022’s through the first quarter, the primary driver of this is the refinancing of the unfunded accrued liability (“UAL”) portion of the City’s annual pension contribution into the Pension Obligation Bonds. Previously the annual UAL payment was due to CalPERS each July, while the debt service for the Pension Obligation Bonds are due each November and May. Beyond the changes to the UAL payment, standard personnel expenditures saw a combined increase of $1.5 million due to compensation increases authorized as part of the labor group agreements in 2022, as well as increases to health care and retirement rates. These costs are being continuously monitored and projections will be compared to the budget in the mid-year budget status report.

Fiscal-year-to-date 2023 Maintenance & Operations (M&O) expenditures as of September 30 th are $9,000 lower than in fiscal year 2022. Although there are increases and decreases across the various accounts within the category, overall year-to-date expenditures are in line with prior fiscal years.

Capital outlay expenditures are $210,000 less than first quarter 2022 due to miscellaneous facilities upgrades, traffic system improvements, and expenditures on the Paradise Creek Park Remediation project that took place in the first quarter of 2022.

Internal service charges for the first quarter of fiscal year 2023 are $185,861 higher than the same point last fiscal year. This is due to the increase in annual budgeted building ser vices charges and information systems maintenance charges.

Conclusion / Budgetary Outlook
As noted above, the adopted fiscal year 2023 estimated an increase of General Fund unassigned fund balance of $364,000. At such an early point in the fiscal year, the ability to project year-end revenue and expenditure totals and actual use of fund balance is limited. A clearer picture can be drawn mid -year when the City will have received multiple months of sales tax receipts and received our initial secured property tax allocation in December.

Staff will continue to monitor revenues and expenditures and will provide information regarding comparisons to the budget and the prior year in future staff reports to the City Council. The next report will be the mid -year budget status report which includes projections to year -end for revenues and expenditures and their combined estimated impact on unassigned fund balance.

BUDGET ADJUSTMENTS
During the quarterly budget review process, the Finance Department, in conjuncti on with City department staff, identified budget adjustments necessary due to expenses unanticipated during the annual budgeting process. The attached schedule (“Exhibit A ”) details the recommended adjustments. The recommendation section below provides a s ummary of those adjustments by account group and fund.

RECOMMENDATION
Authorize the City Manager to approve budget adjustments up to the following amounts:

 General Fund
Expenditures
□ $228,600 Maintenance & Operations
□ $ 3,822 Transfers Out

 Transportation DIF
Revenues
□ $ 3,822 Transfers In

 Sewer Service Fund
Revenues
□ $1,718,088 Other Revenue

 IT Fund
Expenditures
□ $10,000 Personnel Services
□ $ 12,288 Maintenance & Operations

FINANCIAL STATEMENT:

Approval of the recommended General Fund budget adjustments will result in additional General Fund appropriations of $232,422.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Balanced Budget and Economic Development

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Supplemental Appropriation Requests
Exhibit B - Resolution

Exhibit A
Fund Expenditure Revenue Net
General Fund
Community Services
Music licensing for City Events 3,600$                            3,600 $ Community Services Total 3,600$                            3,600 $ Neighborhood Services ‐$
Legal services for signficant code enforcement issues 225,000 $                        225,000$ Neighborhood Services Total 225,000$                        225,000$ Non‐Departmental ‐$
Transfer from the General Fund to the Transportation DIF 3,822 $                            3,822 $ Non‐Departmental Total 3,822$                            3,822 $ General Fund Total 232,422$                        232,422$ Fund Expenditure Revenue Net
Information Systems Maintenance Fund
Information Technology
Overtime budget for IT ommited from adopted budget 10,000 $                          10,000 $ OCLC cataloging services 12,288$                          12,288 $ Information Technology Total 22,288$                          22,288 $ Information Systems Maintenance Fund Total 22,288 $                          22,288 $ Fund Expenditure Revenue Net
Sewer Service Fund
PW/Engineering ‐$
Budget adjustment to align with FY23 Tax Roll Sewer Service Fees report 1,738,088 $            (1 ,738,088)$ PW/Engineering Total 1,738,088$            (1 ,738,088)$ Sewer Service Fund Total 1,738,088$            (1 ,738,088)$ Fund Expenditure Revenue Net
Transportation DIF Fund
Non‐Departmental
Transfer from the General Fund to the Transportation DIF 3,822 $                    (3 ,822)$ Non‐Departmental Total 3,822$                    (3,822)$ Transportation DIF Fund Total 3,822$                    (3,822)$ Q1 SUPPLEMENTAL APPROPRIATION REQUESTS -Summary
Fiscal Year 2023

RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF NATIONAL CITY, CALIFORNIA,
AUTHORIZING VARIOUS FISCAL YEAR 2023
1st QUARTER BUDGET ADJUSTMENTS
WHEREAS, on June 7, 2022, the City Council of the City of National City adopted Resolution No. 2022-97, adopting the budget for fiscal year 2023; and WHEREAS, as part of the 1st quarter review process, the Finance Department reviewed the first three months for actual revenues and expenditures; and WHEREAS, the 1st quarter budget review was presented to the City Council and members of the public on February 7, 2023; and
WHEREAS, the City Manager has requested approval of the Recommended 1st quarter Budget Adjustments (“Exhibit ‘A”); and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the fiscal year 20 23 Recommended 1st quarter Budget Adjustments (“Exhibit ‘A’”) and authorizes the City Manager to make the associated adjustments to the Fiscal Year 2023 Budget.

PASSED and ADOPTED this 7th day of February, 2023.

______________________________
Ron Morrison, Mayor
ATTEST:
_________________________
Shelley Chapel, MMC, Interim City Clerk

APPROVED AS TO FORM
__________________________
Barry J. Schultz, City Attorney

CITY COUNCIL ITEM REQUEST
The City Council Item Request Form is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council Meeting Agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future City Council Meeting Agenda for action.

Requesting Member of City Council: Council Member Rodriguez Today’s Date: Tuesday, January 31st, 2023
Is this matter considered Time-Sensitive by another entity deadline? No

WRITTEN REQUEST
I, Council Member Rodriguez, hereby request that the following item be placed on the City of National City – City Council meeting agenda for consideration.

At our next regularly scheduled City Council meeting, to have City Council receive a presentation on Street sweeping schedule and attach policy/procedures associated with practice.

CITY COUNCIL ITEM REQUEST
The City Council Item Request Form is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council Meeting Agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future City Council Meeting Agenda for action.

Requesting Member of City Council: Council Member Rodriguez Today’s Date: Tuesday, January 31st, 2023
Is this matter considered Time-Sensitive by another entity deadline? No

WRITTEN REQUEST
I, Council Member Rodriguez, hereby request that the following item be placed on the City of National City – City Council meeting agenda for consideration.

At our next regularly scheduled City Council meeting, to review and discuss Policy #901, Management of Real Property (Sale, Lease, Rental, Surplus) with intent to expand home ownership opportunities within City owned properties.