National City City Council
February 21, 2023

Cash Flow Report
As of November 30, 2022
City of National City Consolidated
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 05/31/2023 Interest 91282CAZ4 800,000.00 US Treasury Note

0.375% Due 11/30/2025

0.00 1,500.00 1,500.00
MAY 2023 1,334,941.55 58,450.05 1,393,391.60
06/08/2023 Interest 3130A0F70 525,000.00 FHLB Note

3.375% Due 12/8/2023

0.00 8,859.38 8,859.38
06/10/2023 Interest 78015K7H1 500,000.00 Royal Bank of Canada Note

1.15% Due 6/10/2025

0.00 2,875.00 2,875.00
06/14/2023 Interest 3130A1XJ2 580,000.00 FHLB Note

2.875% Due 6/14/2024

0.00 8,337.50 8,337.50
06/15/2023 Interest 91282CBA8 700,000.00 US Treasury Note

0.125% Due 12/15/2023

0.00 437.50 437.50
06/15/2023 Interest 91282CCG4 300,000.00 US Treasury Note

0.25% Due 6/15/2024

0.00 375.00 375.00
06/15/2023 Paydown 47800AAC4 155,000.00 John Deere Owner Trust 2022-B A3

3.74% Due 2/16/2027

0.00 483.08 483.08
06/15/2023 Paydown 65479JAD5 54,495.49 Nissan Auto Receivables Owner 2019-C A3

1.93% Due 7/15/2024
2,218.39 50.69 2,269.08
06/15/2023 Paydown 47788UAC6 107,053.92 John Deere Owner Trust 2021-A A3

0.36% Due 9/15/2025
4,551.09 23.27 4,574.36
06/15/2023 Paydown 43815BAC4 195,000.00 Honda Auto Receivables Trust 2022-1 A3

1.88% Due 5/15/2026

0.00 305.50 305.50
06/15/2023 Paydown 47787NAC3 31,149.46 John Deere Owner Trust 2020-B A3

0.51% Due 11/15/2024
2,189.41 7.45 2,196.86
06/15/2023 Paydown 47789QAC4 135,000.00 John Deere Owner Trust 2021-B A3

0.52% Due 3/16/2026
5,864.19 55.96 5,920.15
06/15/2023 Paydown 58769KAD6 155,000.00 Mercedes-Benz Auto Lease Trust 2021-B A3

0.4% Due 11/15/2024
11,921.99 31.80 11,953.79
06/15/2023 Paydown 89237VAB5 64,231.64 Toyota Auto Receivables Trust 2020-C A3

0.44% Due 10/15/2024
2,595.32 16.23 2,611.55
06/15/2023 Paydown 89240BAC2 213,952.74 Toyota Auto Receivables Owners 2021-A A3

0.26% Due 5/15/2025
13,271.58 28.80 13,300.38
06/15/2023 Paydown 47787JAC2 150,000.00 John Deere Owner Trust 2022-A A3

2.32% Due 9/16/2026

0.00 290.00 290.00
Execution Time: 1/10/2023 12:59:46 PMChandler Asset Management Page 39

Cash Flow Report
As of November 30, 2022
City of National City Consolidated
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 06/15/2023 Paydown 47789KAC7 42,334.36 John Deere Owner Trust 2020-A A3

1.1% Due 8/15/2024
1,759.38 24.66 1,784.04
06/15/2023 Paydown 89232HAC9 57,057.73 Toyota Auto Receivable Own 2020-A A3

1.66% Due 5/15/2024
3,141.59 40.64 3,182.23
06/15/2023 Paydown 89236XAC0 52,670.36 Toyota Auto Receivables 2020-D A3

0.35% Due 1/15/2025
1,953.51 11.00 1,964.51
06/18/2023 Paydown 43813KAC6 137,882.05 Honda Auto Receivables Trust 2020-3 A3

0.37% Due 10/18/2024
11,399.52 21.11 11,420.63
06/21/2023 Paydown 43813RAC1 19,356.36 Honda Auto Receivables 2020-1 A3

1.61% Due 4/22/2024
966.78 15.68 982.46
06/21/2023 Paydown 43815GAC3 120,000.00 Honda Auto Receivables Trust 2021-4 A3

0.88% Due 1/21/2026
5,442.46 84.01 5,526.47
06/21/2023 Paydown 43813GAC5 60,356.57 Honda Auto Receivables Trust 2021-1 A3

0.27% Due 4/21/2025
3,770.92 8.49 3,779.41
06/25/2023 Paydown 05601XAC3 120,000.00 BMW Vehicle Lease Trust 2022-1 A3

1.1% Due 3/25/2025
10,718.87 100.22 10,819.09
06/25/2023 Paydown 09690AAC7 100,000.00 BMW Vehicle Lease Trust 2021-2 A3

0.33% Due 12/26/2024
8,120.82 15.64 8,136.46
JUN 2023 89,885.82 22,498.61 112,384.43
07/07/2023 Interest 3135G0X24 625,000.00 FNMA Note

1.625% Due 1/7/2025

0.00 5,078.13 5,078.13
07/08/2023 Interest 89236TFS9 400,000.00 Toyota Motor Credit Corp Note

3.35% Due 1/8/2024

0.00 6,700.00 6,700.00
07/10/2023 Interest 24422EUR8 400,000.00 John Deere Capital Corp Note

3.45% Due 1/10/2024

0.00 6,900.00 6,900.00
07/10/2023 Maturity 3135G05G4 560,000.00 FNMA Note

0.25% Due 7/10/2023
560,000.00 700.00 560,700.00
07/15/2023 Interest 91282CBE0 550,000.00 US Treasury Note

0.125% Due 1/15/2024

0.00 343.75 343.75
07/15/2023 Interest 79466LAG9 65,000.00 Salesforce.com Inc Callable Note Cont 7/15/2022

0.625% Due 7/15/2024

0.00 203.13 203.13
07/15/2023 Interest 87612EBM7 215,000.00 Target Corp Callable Note Cont 12/15/2026

1.95% Due 1/15/2027

0.00 2,096.25 2,096.25
Execution Time: 1/10/2023 12:59:46 PMChandler Asset Management Page 40

Cash Flow Report
As of November 30, 2022
City of National City Consolidated
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 07/15/2023 Paydown 47787JAC2 150,000.00 John Deere Owner Trust 2022-A A3

2.32% Due 9/16/2026

0.00 290.00 290.00
07/15/2023 Paydown 47800AAC4 155,000.00 John Deere Owner Trust 2022-B A3

3.74% Due 2/16/2027

0.00 483.08 483.08
07/15/2023 Paydown 89236XAC0 52,670.36 Toyota Auto Receivables 2020-D A3

0.35% Due 1/15/2025
1,946.73 10.43 1,957.16
07/15/2023 Paydown 89237VAB5 64,231.64 Toyota Auto Receivables Trust 2020-C A3

0.44% Due 10/15/2024
2,596.28 15.27 2,611.55
07/15/2023 Paydown 43815BAC4 195,000.00 Honda Auto Receivables Trust 2022-1 A3

1.88% Due 5/15/2026

0.00 305.50 305.50
07/15/2023 Paydown 47789KAC7 42,334.36 John Deere Owner Trust 2020-A A3

1.1% Due 8/15/2024
1,764.21 23.05 1,787.26
07/15/2023 Paydown 47787NAC3 31,149.46 John Deere Owner Trust 2020-B A3

0.51% Due 11/15/2024
2,190.26 6.52 2,196.78
07/15/2023 Paydown 47788UAC6 107,053.92 John Deere Owner Trust 2021-A A3

0.36% Due 9/15/2025
4,552.56 21.91 4,574.47
07/15/2023 Paydown 47789QAC4 135,000.00 John Deere Owner Trust 2021-B A3

0.52% Due 3/16/2026
5,864.72 53.42 5,918.14
07/15/2023 Paydown 65479JAD5 54,495.49 Nissan Auto Receivables Owner 2019-C A3

1.93% Due 7/15/2024
2,223.39 47.12 2,270.51
07/15/2023 Paydown 89240BAC2 213,952.74 Toyota Auto Receivables Owners 2021-A A3

0.26% Due 5/15/2025
13,275.90 25.92 13,301.82
07/15/2023 Paydown 58769KAD6 155,000.00 Mercedes-Benz Auto Lease Trust 2021-B A3

0.4% Due 11/15/2024
11,923.07 27.83 11,950.90
07/15/2023 Paydown 89232HAC9 57,057.73 Toyota Auto Receivable Own 2020-A A3

1.66% Due 5/15/2024
3,017.25 36.29 3,053.54
07/17/2023 Interest 61747YET8 205,000.00 Morgan Stanley Callable Note Cont 7/17/2025

4.679% Due 7/17/2026

0.00 4,795.98 4,795.98
07/17/2023 Interest 24422EVN6 275,000.00 John Deere Capital Corp Note

0.45% Due 1/17/2024

0.00 618.75 618.75
07/18/2023 Paydown 43813KAC6 137,882.05 Honda Auto Receivables Trust 2020-3 A3

0.37% Due 10/18/2024
11,403.04 17.59 11,420.63
07/21/2023 Paydown 43813GAC5 60,356.57 Honda Auto Receivables Trust 2021-1 A3

0.27% Due 4/21/2025
3,771.82 7.65 3,779.47
Execution Time: 1/10/2023 12:59:46 PMChandler Asset Management Page 41

Cash Flow Report
As of November 30, 2022
City of National City Consolidated
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 07/21/2023 Paydown 43813RAC1 19,356.36 Honda Auto Receivables 2020-1 A3

1.61% Due 4/22/2024
968.08 14.38 982.46
07/21/2023 Paydown 43815GAC3 120,000.00 Honda Auto Receivables Trust 2021-4 A3

0.88% Due 1/21/2026
5,443.73 80.02 5,523.75
07/25/2023 Paydown 05601XAC3 120,000.00 BMW Vehicle Lease Trust 2022-1 A3

1.1% Due 3/25/2025
10,765.86 90.39 10,856.25
07/25/2023 Paydown 09690AAC7 100,000.00 BMW Vehicle Lease Trust 2021-2 A3

0.33% Due 12/26/2024
8,122.78 13.41 8,136.19
07/30/2023 Interest 91159HHX1 450,000.00 US Bancorp Callable Note Cont 6/28/2024

2.4% Due 7/30/2024

0.00 5,400.00 5,400.00
07/31/2023 Interest 91282CFB2 325,000.00 US Treasury Note

2.75% Due 7/31/2027

0.00 4,468.75 4,468.75
JUL 2023 649,829.68 38,874.52 688,704.20
08/06/2023 Interest 857477BR3 125,000.00 State Street Bank Callable Note Cont 2/6/2025

1.746% Due 2/6/2026

0.00 1,091.25 1,091.25
08/08/2023 Interest 037833EB2 700,000.00 Apple Inc Callable Note Cont 1/8/2026

0.7% Due 2/8/2026

0.00 2,450.00 2,450.00
08/09/2023 Interest 69371RR40 155,000.00 Paccar Financial Corp Note

0.5% Due 8/9/2024

0.00 387.50 387.50
08/12/2023 Interest 3137EAEP0 625,000.00 FHLMC Note

1.5% Due 2/12/2025

0.00 4,687.50 4,687.50
08/15/2023 Interest 9128282A7 1,000,000.00 US Treasury Note

1.5% Due 8/15/2026

0.00 7,500.00 7,500.00
08/15/2023 Interest 912828P46 1,300,000.00 US Treasury Note

1.625% Due 2/15/2026

0.00 10,562.51 10,562.51
08/15/2023 Interest 91282CCT6 800,000.00 US Treasury Note

0.375% Due 8/15/2024

0.00 1,500.00 1,500.00
08/15/2023 Interest 912828V98 360,000.00 US Treasury Note

2.25% Due 2/15/2027

0.00 4,050.00 4,050.00
08/15/2023 Paydown 47787JAC2 150,000.00 John Deere Owner Trust 2022-A A3

2.32% Due 9/16/2026

0.00 290.00 290.00
08/15/2023 Paydown 47788UAC6 107,053.92 John Deere Owner Trust 2021-A A3

0.36% Due 9/15/2025
4,554.05 20.54 4,574.59
Execution Time: 1/10/2023 12:59:46 PMChandler Asset Management Page 42

Cash Flow Report
As of November 30, 2022
City of National City Consolidated
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 08/15/2023 Paydown 43815BAC4 195,000.00 Honda Auto Receivables Trust 2022-1 A3

1.88% Due 5/15/2026

0.00 305.50 305.50
08/15/2023 Paydown 47800AAC4 155,000.00 John Deere Owner Trust 2022-B A3

3.74% Due 2/16/2027

0.00 483.08 483.08
08/15/2023 Paydown 58769KAD6 155,000.00 Mercedes-Benz Auto Lease Trust 2021-B A3

0.4% Due 11/15/2024
11,924.17 23.85 11,948.02
08/15/2023 Paydown 47789KAC7 42,334.36 John Deere Owner Trust 2020-A A3

1.1% Due 8/15/2024
1,769.07 21.43 1,790.50
08/15/2023 Paydown 89232HAC9 57,057.73 Toyota Auto Receivable Own 2020-A A3

1.66% Due 5/15/2024
2,892.39 32.12 2,924.51
08/15/2023 Paydown 89236XAC0 52,670.36 Toyota Auto Receivables 2020-D A3

0.35% Due 1/15/2025
1,939.88 9.86 1,949.74
08/15/2023 Paydown 47787NAC3 31,149.46 John Deere Owner Trust 2020-B A3

0.51% Due 11/15/2024
2,191.12 5.59 2,196.71
08/15/2023 Paydown 47789QAC4 135,000.00 John Deere Owner Trust 2021-B A3

0.52% Due 3/16/2026
5,865.26 50.88 5,916.14
08/15/2023 Paydown 65479JAD5 54,495.49 Nissan Auto Receivables Owner 2019-C A3

1.93% Due 7/15/2024
2,228.39 43.54 2,271.93
08/15/2023 Paydown 89237VAB5 64,231.64 Toyota Auto Receivables Trust 2020-C A3

0.44% Due 10/15/2024
2,597.23 14.32 2,611.55
08/15/2023 Paydown 89240BAC2 213,952.74 Toyota Auto Receivables Owners 2021-A A3

0.26% Due 5/15/2025
13,280.21 23.05 13,303.26
08/18/2023 Paydown 43813KAC6 137,882.05 Honda Auto Receivables Trust 2020-3 A3

0.37% Due 10/18/2024
11,406.56 14.07 11,420.63
08/21/2023 Paydown 43813GAC5 60,356.57 Honda Auto Receivables Trust 2021-1 A3

0.27% Due 4/21/2025
3,772.74 6.80 3,779.54
08/21/2023 Paydown 43813RAC1 19,356.36 Honda Auto Receivables 2020-1 A3

1.61% Due 4/22/2024
969.38 13.08 982.46
08/21/2023 Paydown 43815GAC3 120,000.00 Honda Auto Receivables Trust 2021-4 A3

0.88% Due 1/21/2026
5,445.00 76.03 5,521.03
08/24/2023 Maturity 3137EAEV7 900,000.00 FHLMC Note

0.25% Due 8/24/2023
900,000.00 1,125.00 901,125.00
08/25/2023 Paydown 05601XAC3 120,000.00 BMW Vehicle Lease Trust 2022-1 A3

1.1% Due 3/25/2025
10,813.05 80.52 10,893.57
Execution Time: 1/10/2023 12:59:46 PMChandler Asset Management Page 43

Cash Flow Report
As of November 30, 2022
City of National City Consolidated
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 08/25/2023 Paydown 09690AAC7 100,000.00 BMW Vehicle Lease Trust 2021-2 A3

0.33% Due 12/26/2024
8,124.74 11.18 8,135.92
08/31/2023 Interest 91282CFH9 125,000.00 US Treasury Note

3.125% Due 8/31/2027

0.00 1,953.13 1,953.13
08/31/2023 Interest 9128284Z0 675,000.00 US Treasury Note

2.75% Due 8/31/2025

0.00 9,281.25 9,281.25
AUG 2023 989,773.24 46,113.58 1,035,886.82
09/03/2023 Interest 808513BY0 80,000.00 Charles Schwab Corp Callable Note Cont 2/3/2027

2.45% Due 3/3/2027

0.00 980.00 980.00
09/09/2023 Interest 931142EW9 95,000.00 Wal-Mart Stores Note

3.9% Due 9/9/2025

0.00 1,852.50 1,852.50
09/09/2023 Interest 931142EX7 350,000.00 Wal-Mart Stores Callable Note Cont 09/09/2027

3.95% Due 9/9/2027

0.00 6,912.50 6,912.50
09/10/2023 Interest 89114TZG0 500,000.00 Toronto-Dominion Bank Note

1.25% Due 9/10/2026

0.00 3,125.00 3,125.00
09/13/2023 Interest 3130A2UW4 300,000.00 FHLB Note

2.875% Due 9/13/2024

0.00 4,312.50 4,312.50
09/15/2023 Interest 084664CZ2 430,000.00 Berkshire Hathaway Callable Note Cont 2/15/2027

2.3% Due 3/15/2027

0.00 4,945.00 4,945.00
09/15/2023 Interest 06368FAC3 500,000.00 Bank of Montreal Note

1.25% Due 9/15/2026

0.00 3,125.00 3,125.00
09/15/2023 Paydown 65479JAD5 54,495.49 Nissan Auto Receivables Owner 2019-C A3

1.93% Due 7/15/2024
2,233.40 39.96 2,273.36
09/15/2023 Paydown 89232HAC9 57,057.73 Toyota Auto Receivable Own 2020-A A3

1.66% Due 5/15/2024
2,767.00 28.12 2,795.12
09/15/2023 Paydown 47787JAC2 150,000.00 John Deere Owner Trust 2022-A A3

2.32% Due 9/16/2026

0.00 290.00 290.00
09/15/2023 Paydown 43815BAC4 195,000.00 Honda Auto Receivables Trust 2022-1 A3

1.88% Due 5/15/2026

0.00 305.50 305.50
09/15/2023 Paydown 47800AAC4 155,000.00 John Deere Owner Trust 2022-B A3

3.74% Due 2/16/2027

0.00 483.08 483.08
09/15/2023 Paydown 47789KAC7 42,334.36 John Deere Owner Trust 2020-A A3

1.1% Due 8/15/2024
1,773.93 19.81 1,793.74
Execution Time: 1/10/2023 12:59:46 PMChandler Asset Management Page 44

Cash Flow Report
As of November 30, 2022
City of National City Consolidated
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 09/15/2023 Paydown 89236XAC0 52,670.36 Toyota Auto Receivables 2020-D A3

0.35% Due 1/15/2025
1,932.97 9.29 1,942.26
09/15/2023 Paydown 89237VAB5 64,231.64 Toyota Auto Receivables Trust 2020-C A3

0.44% Due 10/15/2024
2,598.18 13.37 2,611.55
09/15/2023 Paydown 47787NAC3 31,149.46 John Deere Owner Trust 2020-B A3

0.51% Due 11/15/2024
2,191.98 4.66 2,196.64
09/15/2023 Paydown 47788UAC6 107,053.92 John Deere Owner Trust 2021-A A3

0.36% Due 9/15/2025
4,555.53 19.17 4,574.70
09/15/2023 Paydown 47789QAC4 135,000.00 John Deere Owner Trust 2021-B A3

0.52% Due 3/16/2026
5,865.80 48.33 5,914.13
09/15/2023 Paydown 58769KAD6 155,000.00 Mercedes-Benz Auto Lease Trust 2021-B A3

0.4% Due 11/15/2024
11,925.26 19.88 11,945.14
09/15/2023 Paydown 89240BAC2 213,952.74 Toyota Auto Receivables Owners 2021-A A3

0.26% Due 5/15/2025
13,284.53 20.17 13,304.70
09/17/2023 Interest 931142ER0 80,000.00 Wal-Mart Stores Callable Note Cont 08/17/2026

1.05% Due 9/17/2026

0.00 420.00 420.00
09/18/2023 Interest 808513BN4 485,000.00 Charles Schwab Corp Callable Note Cont 2/18/2024

0.75% Due 3/18/2024

0.00 1,818.75 1,818.75
09/18/2023 Paydown 43813KAC6 137,882.05 Honda Auto Receivables Trust 2020-3 A3

0.37% Due 10/18/2024
11,410.07 10.56 11,420.63
09/19/2023 Interest 459058GQ0 450,000.00 Intl. Bank Recon & Development Note

2.5% Due 3/19/2024

0.00 5,625.00 5,625.00
09/21/2023 Paydown 43813GAC5 60,356.57 Honda Auto Receivables Trust 2021-1 A3

0.27% Due 4/21/2025
3,773.65 5.95 3,779.60
09/21/2023 Paydown 43813RAC1 19,356.36 Honda Auto Receivables 2020-1 A3

1.61% Due 4/22/2024
970.68 11.78 982.46
09/21/2023 Paydown 43815GAC3 120,000.00 Honda Auto Receivables Trust 2021-4 A3

0.88% Due 1/21/2026
5,446.28 72.03 5,518.31
09/23/2023 Interest 3137EAEX3 450,000.00 FHLMC Note

0.375% Due 9/23/2025

0.00 843.75 843.75
09/23/2023 Interest 4581X0DZ8 505,000.00 Inter-American Dev Bank Note

0.5% Due 9/23/2024

0.00 1,262.50 1,262.50
09/25/2023 Paydown 05601XAC3 120,000.00 BMW Vehicle Lease Trust 2022-1 A3

1.1% Due 3/25/2025
10,860.44 70.61 10,931.05
Execution Time: 1/10/2023 12:59:46 PMChandler Asset Management Page 45

Cash Flow Report
As of November 30, 2022
City of National City Consolidated
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 09/25/2023 Paydown 09690AAC7 100,000.00 BMW Vehicle Lease Trust 2021-2 A3

0.33% Due 12/26/2024
8,126.71 8.94 8,135.65
09/30/2023 Interest 91282CFM8 700,000.00 US Treasury Note

4.125% Due 9/30/2027

0.00 14,437.50 14,437.50
09/30/2023 Interest 91282CEF4 690,000.00 US Treasury Note

2.5% Due 3/31/2027

0.00 8,625.00 8,625.00
09/30/2023 Interest 9128286L9 1,000,000.00 US Treasury Note

2.25% Due 3/31/2026

0.00 11,250.00 11,250.00
09/30/2023 Interest 91282CAM3 1,000,000.00 US Treasury Note

0.25% Due 9/30/2025

0.00 1,250.00 1,250.00
SEP 2023 89,716.41 72,266.21 161,982.62
10/13/2023 Interest 023135CF1 205,000.00 Amazon.com Inc Callable Note Cont 3/13/2027

3.3% Due 4/13/2027

0.00 3,382.50 3,382.50
10/15/2023 Interest 91282CBV2 650,000.00 US Treasury Note

0.375% Due 4/15/2024

0.00 1,218.75 1,218.75
10/15/2023 Paydown 47788UAC6 107,053.92 John Deere Owner Trust 2021-A A3

0.36% Due 9/15/2025
4,557.00 17.81 4,574.81
10/15/2023 Paydown 47787JAC2 150,000.00 John Deere Owner Trust 2022-A A3

2.32% Due 9/16/2026
6,158.25 290.00 6,448.25
10/15/2023 Paydown 47789KAC7 42,334.36 John Deere Owner Trust 2020-A A3

1.1% Due 8/15/2024
1,778.81 18.18 1,796.99
10/15/2023 Paydown 89236XAC0 52,670.36 Toyota Auto Receivables 2020-D A3

0.35% Due 1/15/2025
1,925.98 8.73 1,934.71
10/15/2023 Paydown 47800AAC4 155,000.00 John Deere Owner Trust 2022-B A3

3.74% Due 2/16/2027

0.00 483.08 483.08
10/15/2023 Paydown 65479JAD5 54,495.49 Nissan Auto Receivables Owner 2019-C A3

1.93% Due 7/15/2024
2,238.43 36.37 2,274.80
10/15/2023 Paydown 89232HAC9 57,057.73 Toyota Auto Receivable Own 2020-A A3

1.66% Due 5/15/2024
2,641.10 24.29 2,665.39
10/15/2023 Paydown 43815BAC4 195,000.00 Honda Auto Receivables Trust 2022-1 A3

1.88% Due 5/15/2026
9,350.21 305.50 9,655.71
10/15/2023 Paydown 47787NAC3 31,149.46 John Deere Owner Trust 2020-B A3

0.51% Due 11/15/2024
2,192.83 3.73 2,196.56
Execution Time: 1/10/2023 12:59:46 PMChandler Asset Management - Page 46

Cash Flow Report
As of November 30, 2022
City of National City Consolidated
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 10/15/2023 Paydown 47789QAC4 135,000.00 John Deere Owner Trust 2021-B A3

0.52% Due 3/16/2026
5,866.34 45.79 5,912.13
10/15/2023 Paydown 58769KAD6 155,000.00 Mercedes-Benz Auto Lease Trust 2021-B A3

0.4% Due 11/15/2024
11,926.36 15.90 11,942.26
10/15/2023 Paydown 89237VAB5 64,231.64 Toyota Auto Receivables Trust 2020-C A3

0.44% Due 10/15/2024
2,599.13 12.42 2,611.55
10/15/2023 Paydown 89240BAC2 213,952.74 Toyota Auto Receivables Owners 2021-A A3

0.26% Due 5/15/2025
13,288.85 17.29 13,306.14
10/16/2023 Interest 45950KCR9 300,000.00 International Finance Corp Note

1.375% Due 10/16/2024

0.00 2,062.50 2,062.50
10/16/2023 Maturity 3137EAEY1 630,000.00 FHLMC Note

0.125% Due 10/16/2023
630,000.00 393.75 630,393.75
10/18/2023 Paydown 43813KAC6 137,882.05 Honda Auto Receivables Trust 2020-3 A3

0.37% Due 10/18/2024
11,413.59 7.04 11,420.63
10/21/2023 Paydown 43813RAC1 19,356.36 Honda Auto Receivables 2020-1 A3

1.61% Due 4/22/2024
971.98 10.48 982.46
10/21/2023 Paydown 43815GAC3 120,000.00 Honda Auto Receivables Trust 2021-4 A3

0.88% Due 1/21/2026
5,447.54 68.04 5,515.58
10/21/2023 Paydown 43813GAC5 60,356.57 Honda Auto Receivables Trust 2021-1 A3

0.27% Due 4/21/2025
3,774.56 5.10 3,779.66
10/25/2023 Interest 06406RAX5 500,000.00 Bank of NY Mellon Corp Callable Note Cont 9/25/2024

0.85% Due 10/25/2024

0.00 2,125.00 2,125.00
10/25/2023 Paydown 05601XAC3 120,000.00 BMW Vehicle Lease Trust 2022-1 A3

1.1% Due 3/25/2025
10,908.04 60.66 10,968.70
10/25/2023 Paydown 09690AAC7 100,000.00 BMW Vehicle Lease Trust 2021-2 A3

0.33% Due 12/26/2024
8,128.66 6.71 8,135.37
10/31/2023 Interest 91282CAT8 650,000.00 US Treasury Note

0.25% Due 10/31/2025

0.00 812.50 812.50
10/31/2023 Interest 91282CDG3 1,000,000.00 US Treasury Note

1.125% Due 10/31/2026

0.00 5,625.00 5,625.00
OCT 2023 735,167.66 17,057.12 752,224.78
11/06/2023 Maturity 3137EAEZ8 650,000.00 FHLMC Note

0.25% Due 11/6/2023
650,000.00 812.50 650,812.50
Execution Time: 1/10/2023 12:59:46 PMChandler Asset Management Page 47

Cash Flow Report
As of November 30, 2022
City of National City Consolidated
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 11/10/2023 Interest 665859AW4 500,000.00 Northern Trust Company Callable Note Cont 4/10/2027
4% Due 5/10/2027

0.00 10,000.00 10,000.00
11/12/2023 Interest 023135BW5 255,000.00 Amazon.com Inc Note

0.45% Due 5/12/2024

0.00 573.75 573.75
11/15/2023 Interest 91324PEC2 500,000.00 United Health Group Inc Callable Note Cont 4/15/2026

1.15% Due 5/15/2026

0.00 2,875.00 2,875.00
11/15/2023 Interest 91282CDH1 650,000.00 US Treasury Note

0.75% Due 11/15/2024

0.00 2,437.50 2,437.50
11/15/2023 Interest 912828R36 1,000,000.00 US Treasury Note

1.625% Due 5/15/2026

0.00 8,125.00 8,125.00
11/15/2023 Maturity 912828WE6 600,000.00 US Treasury Note

2.75% Due 11/15/2023
600,000.00 8,250.00 608,250.00
11/15/2023 Paydown 89232HAC9 57,057.73 Toyota Auto Receivable Own 2020-A A3

1.66% Due 5/15/2024
2,514.65 20.64 2,535.29
11/15/2023 Paydown 47787NAC3 31,149.46 John Deere Owner Trust 2020-B A3

0.51% Due 11/15/2024
2,193.69 2.80 2,196.49
11/15/2023 Paydown 47788UAC6 107,053.92 John Deere Owner Trust 2021-A A3

0.36% Due 9/15/2025
4,558.49 16.44 4,574.93
11/15/2023 Paydown 47789QAC4 135,000.00 John Deere Owner Trust 2021-B A3

0.52% Due 3/16/2026
5,866.88 43.25 5,910.13
11/15/2023 Paydown 89240BAC2 213,952.74 Toyota Auto Receivables Owners 2021-A A3

0.26% Due 5/15/2025
13,293.16 14.41 13,307.57
11/15/2023 Paydown 47787JAC2 150,000.00 John Deere Owner Trust 2022-A A3

2.32% Due 9/16/2026
6,166.16 278.09 6,444.25
11/15/2023 Paydown 47800AAC4 155,000.00 John Deere Owner Trust 2022-B A3

3.74% Due 2/16/2027

0.00 483.08 483.08
11/15/2023 Paydown 58769KAD6 155,000.00 Mercedes-Benz Auto Lease Trust 2021-B A3

0.4% Due 11/15/2024
11,927.45 11.93 11,939.38
11/15/2023 Paydown 65479JAD5 54,495.49 Nissan Auto Receivables Owner 2019-C A3

1.93% Due 7/15/2024
2,243.46 32.77 2,276.23
11/15/2023 Paydown 43815BAC4 195,000.00 Honda Auto Receivables Trust 2022-1 A3

1.88% Due 5/15/2026
9,391.19 290.85 9,682.04
Execution Time: 1/10/2023 12:59:46 PMChandler Asset Management Page 48

Cash Flow Report
As of November 30, 2022
City of National City Consolidated
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 11/15/2023 Paydown 47789KAC7 42,334.36 John Deere Owner Trust 2020-A A3

1.1% Due 8/15/2024
1,783.70 16.55 1,800.25
11/15/2023 Paydown 89236XAC0 52,670.36 Toyota Auto Receivables 2020-D A3

0.35% Due 1/15/2025
1,918.91 8.17 1,927.08
11/15/2023 Paydown 89237VAB5 64,231.64 Toyota Auto Receivables Trust 2020-C A3

0.44% Due 10/15/2024
2,600.09 11.46 2,611.55
11/17/2023 Interest 14913R2L0 405,000.00 Caterpillar Financial Service Note

0.45% Due 5/17/2024

0.00 911.25 911.25
11/18/2023 Paydown 43813KAC6 137,882.05 Honda Auto Receivables Trust 2020-3 A3

0.37% Due 10/18/2024
11,417.11 3.52 11,420.63
11/21/2023 Paydown 43813GAC5 60,356.57 Honda Auto Receivables Trust 2021-1 A3

0.27% Due 4/21/2025
3,775.47 4.25 3,779.72
11/21/2023 Paydown 43815GAC3 120,000.00 Honda Auto Receivables Trust 2021-4 A3

0.88% Due 1/21/2026
5,448.82 64.04 5,512.86
11/21/2023 Paydown 43813RAC1 19,356.36 Honda Auto Receivables 2020-1 A3

1.61% Due 4/22/2024
973.28 9.18 982.46
11/24/2023 Maturity 459058JM6 320,000.00 Intl. Bank Recon & Development Note

0.25% Due 11/24/2023
320,000.00 400.00 320,400.00
11/25/2023 Paydown 05601XAC3 120,000.00 BMW Vehicle Lease Trust 2022-1 A3

1.1% Due 3/25/2025
10,955.86 50.66 11,006.52
11/25/2023 Paydown 09690AAC7 100,000.00 BMW Vehicle Lease Trust 2021-2 A3

0.33% Due 12/26/2024
8,130.63 4.47 8,135.10
11/27/2023 Maturity 3135G06H1 580,000.00 FNMA Note

0.25% Due 11/27/2023
580,000.00 725.00 580,725.00
11/30/2023 Interest 91282CAZ4 800,000.00 US Treasury Note

0.375% Due 11/30/2025

0.00 1,500.00 1,500.00
11/30/2023 Interest 91282CDK4 1,000,000.00 US Treasury Note

1.25% Due 11/30/2026

0.00 6,250.00 6,250.00
11/30/2023 Interest 912828ZT0 675,000.00 US Treasury Note

0.25% Due 5/31/2025

0.00 843.75 843.75
11/30/2023 Interest 91282CET4 850,000.00 US Treasury Note

2.625% Due 5/31/2027

0.00 11,156.25 11,156.25
NOV 2023 2,255,159.00 56,226.56 2,311,385.56
TOTAL 6,904,101.69 715,481.25 7,619,582.94
Execution Time: 1/10/2023 12:59:46 PMChandler Asset Management Page 49

Important Disclosures
City of National City Consolidated
Chandler Asset Management, Inc. ;͞Chandler͟Ϳis an SEC registered investment adviser. For additional information about our firm, please see our current disclosures (Form ADV). To obtain a copy of our current disclosures, you may contact your client service representative by calling the number on the front of this statement or you may visit our website at www.chandlerasset.com.

Information contained in this monthly statement is confidential and is provided for informational purposes only and should not be construed as specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of this statement, but may become outdated or superseded at any time without notice.

Custody: Your qualified custodian bank maintains control of all assets reflected in this statement and we urge you to compare this statement to the one you receive from your qualified custodian. Chandler does not have any authority to withdraw or deposit funds from/to the custodian account.

Valuation: Prices are provided by IDC, an independent pricing source. In the event IDC does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.

Performance: Performance results are presented gross-of-advisory fees and represent the client͛s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.

Source ice Data Indices, LLC ("ICE"), used with permission. ICE PERMITS USE OF THE ICE INDICES AND RELATED DATA ON AN "AS IS" BASIS; ICE, ITS AFFILIATES AND THEIR RESPECTIVE

THIRD PARTY SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS AND/OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INCLUDING THE INDICES, INDEX DATA AND ANY DATA INCLUDED IN, RELATED TO, OR DERIVED THEREFROM. NEITHER ICE DATA, ITS AFFILIATES OR

THEIR RESPECTIVE THIRD PARTY PROVIDERS GUARANTEE THE QUALITY, ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INDICES OR THE INDEX DATA OR ANY COMPONENT THEREOF, AND THE INDICES AND INDEX DATA AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS AND LICENSEE'S USE IS AT LICENSEE'S OWN RISK. ICE DATA, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY DO NOT SPONSOR, ENDORSE, OR RECOMMEND CHANDLER, OR ANY OF ITS PRODUCTS OR SERVICES.

Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.

Ratings: Ratings information have been provided by Moody͛s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.

Security level ratings for U.S. Agency issued mortgage-backed securities ;͞MBS͟Ϳreflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P, Moody͛s and Fitch respectively.

Execution Time: 1/10/2023 12:59:46 PMChandler Asset Management Page 50

Benchmark Index & Disclosures
City of National City Consolidated
Benchmark Index Disclosure
California Local Agency Investment
Fund
The California State Local Agency Investment Fund (LAIF) is an investment portfolio managed by the State Treasurer. All securities are purchased under the authority of Government Code Section 16430 and 16480.4 and include securities issued by entities of the US Government, including the US Treasury and Agencies, Corporate debt, Certificates of Deposit, Mortgage Backed Securities and certain loans to the State and state agencies. The average maturity of the Fund will be between 120 days and 18 months.

Execution Time: 1/10/2023 12:59:46 PMChandler Asset Management Page 51

AGENDA REPORT

Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, February 21, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Warrant Register #27 for the period of 12/30/22 through 1/05/23 in the amount of $ 1,926,754.42

RECOMMENDATION:

Ratify Warrants Totaling $ 1,926,754.42

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Per Government Section Code 37208, below are the payments issued for period 12/30/22 – 01/05/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
Bureau Veritas N America 361433 70,702.05 Plan Review Services / Building Public Emp Ret System 230105 274,081.83 Service Period 11/29/22-12/12/22 Adminsure Inc 512985 80,757.97 WC’s Replenishment - December

FINANCIAL STATEMENT:

Warrant total $ 1,926,754.42

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. 27

PAYEE DESCRIPTION CHK NO DATE AMOUNT
ANDERSON RETIREE HEALTH BENEFITS - JAN 2023 361334 1/3/2023 110.00 BEARD RETIREE HEALTH BENEFITS - JAN 2023 361335 1/3/2023 70.00 BECK RETIREE HEALTH BENEFITS - JAN 2023 361336 1/3/2023 140.00 BEVERIDGE RETIREE HEALTH BENEFITS - JAN 2023 361337 1/3/2023 640.00 BISHOP RETIREE HEALTH BENEFITS - JAN 2023 361338 1/3/2023 110.00 BOEGLER RETIREE HEALTH BENEFITS - JAN 2023 361339 1/3/2023 260.00 BULL RETIREE HEALTH BENEFITS - JAN 2023 361340 1/3/2023 580.00 CAMEON RETIREE HEALTH BENEFITS - JAN 2023 361341 1/3/2023 400.00 CANEDO RETIREE HEALTH BENEFITS - JAN 2023 361342 1/3/2023 620.00 CARRILLO RETIREE HEALTH BENEFITS - JAN 2023 361343 1/3/2023 290.00 CASTELLANOS RETIREE HEALTH BENEFITS - JAN 2023 361344 1/3/2023 500. 00 COLE RETIREE HEALTH BENEFITS - JAN 2023 361345 1/3/2023 165.00 COLLINSON RETIREE HEALTH BENEFITS - JAN 2023 361346 1/3/2023 420.00 CONDON RETIREE HEALTH BENEFITS - JAN 2023 361347 1/3/2023 280.00 CORDERO RETIREE HEALTH BENEFITS - JAN 2023 361348 1/3/2023 520.00 DALLA RETIREE HEALTH BENEFITS - JAN 2023 361349 1/3/2023 900.00 DANESHFAR RETIREE HEALTH BENEFITS - JAN 2023 361350 1/3/2023 250.00 DEESE RETIREE HEALTH BENEFITS - JAN 2023 361351 1/3/2023 660.00 DESROCHERS RETIREE HEALTH BENEFITS - JAN 2023 361352 1/3/2023 110.0 0 DIAZ RETIREE HEALTH BENEFITS - JAN 2023 361353 1/3/2023 680.00 DREDGE RETIREE HEALTH BENEFITS - JAN 2023 361354 1/3/2023 250.00 DUONG RETIREE HEALTH BENEFITS - JAN 2023 361355 1/3/2023 280.00 EISER III RETIREE HEALTH BENEFITS - JAN 2023 361356 1/3/2023 250.00 ESPIRITU RETIREE HEALTH BENEFITS - JAN 2023 361357 1/3/2023 620.00 ETZLER RETIREE HEALTH BENEFITS - JAN 2023 361358 1/3/2023 460.00 FABINSKI RETIREE HEALTH BENEFITS - JAN 2023 361359 1/3/2023 220.00 FERNANDEZ RETIREE HEALTH BENEFITS - JAN 2023 361360 1/3/2023 270.00 FIFIELD RETIREE HEALTH BENEFITS - JAN 2023 361361 1/3/2023 540.00 GAUT RETIREE HEALTH BENEFITS - JAN 2023 361362 1/3/2023 700.00 GELSKEY RETIREE HEALTH BENEFITS - JAN 2023 361363 1/3/2023 115.00 GIBBS JR RETIREE HEALTH BENEFITS - JAN 2023 361364 1/3/2023 120.00 GONZALES RETIREE HEALTH BENEFITS - JAN 2023 361365 1/3/2023 480.00 HARLAN RETIREE HEALTH BENEFITS - JAN 2023 361366 1/3/2023 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - JAN 2023 361367 1/3/2023 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - JAN 2023 361368 1/3/2023 400.00 HODGES RETIREE HEALTH BENEFITS - JAN 2023 361369 1/3/2023 200.00 IBARRA RETIREE HEALTH BENEFITS - JAN 2023 361370 1/3/2023 780.00 JONES RETIREE HEALTH BENEFITS - JAN 2023 361371 1/3/2023 60.00 JONES RETIREE HEALTH BENEFITS - JAN 2023 361372 1/3/2023 480.00 JUNIEL RETIREE HEALTH BENEFITS - JAN 2023 361373 1/3/2023 50.00 KIMBLE RETIREE HEALTH BENEFITS - JAN 2023 361374 1/3/2023 300.00 KLOS RETIREE HEALTH BENEFITS - JAN 2023 361375 1/3/2023 480.00 LAFRENIERE RETIREE HEALTH BENEFITS - JAN 2023 361376 1/3/2023 660.0 0 LIMFUECO RETIREE HEALTH BENEFITS - JAN 2023 361377 1/3/2023 160.00 MATIENZO RETIREE HEALTH BENEFITS - JAN 2023 361378 1/3/2023 100.00 MCCABE RETIREE HEALTH BENEFITS - JAN 2023 361379 1/3/2023 280.00 MCDANIEL RETIREE HEALTH BENEFITS - JAN 2023 361380 1/3/2023 290.00 MEEKS RETIREE HEALTH BENEFITS - JAN 2023 361381 1/3/2023 460.00 WARRANT REGISTER # 27
1/5/2023
1/4Page 274 of 432

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 27
1/5/2023
MENDOZA RETIREE HEALTH BENEFITS - JAN 2023 361382 1/3/2023 290.00 MINER RETIREE HEALTH BENEFITS - JAN 2023 361383 1/3/2023 580.00 MUNOZ RETIREE HEALTH BENEFITS - JAN 2023 361384 1/3/2023 640.00 NAGLE RETIREE HEALTH BENEFITS - JAN 2023 361385 1/3/2023 460.00 NOTEWARE RETIREE HEALTH BENEFITS - JAN 2023 361386 1/3/2023 120.00 OLIVERIA RETIREE HEALTH BENEFITS - JAN 2023 361387 1/3/2023 360.00 PAUU JR RETIREE HEALTH BENEFITS - JAN 2023 361388 1/3/2023 340.00 PE RETIREE HEALTH BENEFITS - JAN 2023 361389 1/3/2023 300.00 PEASE JR RETIREE HEALTH BENEFITS - JAN 2023 361390 1/3/2023 140.00 POST RETIREE HEALTH BENEFITS - JAN 2023 361391 1/3/2023 280.00 RAY RETIREE HEALTH BENEFITS - JAN 2023 361392 1/3/2023 190.00 RIOS RETIREE HEALTH BENEFITS - JAN 2023 361393 1/3/2023 240.00 ROARK RETIREE HEALTH BENEFITS - JAN 2023 361394 1/3/2023 135.00 RODRIGUEZ RETIREE HEALTH BENEFITS - JAN 2023 361395 1/3/2023 260.00 RUIZ RETIREE HEALTH BENEFITS - JAN 2023 361396 1/3/2023 310.00 SAINZ RETIREE HEALTH BENEFITS - JAN 2023 361397 1/3/2023 300.00 SANCHEZ RETIREE HEALTH BENEFITS - JAN 2023 361398 1/3/2023 330.00 SERVATIUS RETIREE HEALTH BENEFITS - JAN 2023 361399 1/3/2023 340.00 SHEPHARD RETIREE HEALTH BENEFITS - JAN 2023 361400 1/3/2023 440.00 SHOEMAKER RETIREE HEALTH BENEFITS - JAN 2023 361401 1/3/2023 480.00 SILVA RETIREE HEALTH BENEFITS - JAN 2023 361402 1/3/2023 580.00 SMITH RETIREE HEALTH BENEFITS - JAN 2023 361403 1/3/2023 320.00 SMITH RETIREE HEALTH BENEFITS - JAN 2023 361404 1/3/2023 560.00 STEWART RETIREE HEALTH BENEFITS - JAN 2023 361405 1/3/2023 200.00 TIPTON RETIREE HEALTH BENEFITS - JAN 2023 361406 1/3/2023 250.00 UNGAB RETIREE HEALTH BENEFITS - JAN 2023 361407 1/3/2023 600.00 VILLAGOMEZ RETIREE HEALTH BENEFITS - JAN 2023 361408 1/3/2023 480.0 0 VILLARIASA RETIREE HEALTH BENEFITS - JAN 2023 361409 1/3/2023 480.0 0 WHITE RETIREE HEALTH BENEFITS - JAN 2023 361410 1/3/2023 230.00 WILKINS RETIREE HEALTH BENEFITS - JAN 2023 361411 1/3/2023 520.00 YBARRA RETIREE HEALTH BENEFITS - JAN 2023 361412 1/3/2023 220.00 RETIREE HEALTH BENEFITS 28,685.00
AGUILERA LIABILITY CLAIM COST 361413 1/3/2023 2,031.37
CALIFORNIA DEPARTMENT OF REVENUE SALES TAX LIABILITY / FINANCE 36 1414 1/3/2023 4,360.00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 361415 1/3/2023 3,80 8.00 DELTA DENTAL INSURANCE CO JANUARY 2023 GRP#05-7029600000 361416 1/ 3/2023 2,093.41 DELTA DENTAL INSURANCE CO JANUARY 2023- GRP #05-7029600002 361417 1/3/2023 188.33 DELTA DENTAL OF CALIFORNIA JANUARY 2023 GRP#05-0908600000 361418 1 /3/2023 14,784.81 DELTA DENTAL OF CALIFORNIA JANUARY 2023-GRP#05-0908601002 361419 1 /3/2023 45.22 NOYOLA LIABILITY CLAIM COST 361420 1/3/2023 2,504.08
RELIANCE STANDARD JANUARY 2023 -GRP VAI826233 361421 1/3/2023 3,687 .55 TATE LIABILITY CLAIM COST 361422 1/3/2023 349.00
VISION SERVICE PLAN DECEMBER 2022- VISION SERVICE PLAN (CA) 36142 3 1/3/2023 835.79 ADAMOS TRAINING REIMBURSEMENT 361424 1/5/2023 9.10
ADMINSURE INC WORKERS' COMPENSATION CLAIMS - JANUARY 361425 1/5/20 23 8,353.00 AETNA BEHAVIORAL HEALTH EMPLOYEE ASSISTANCE PROGRAM - JANUARY 36 1426 1/5/2023 740.46 ALDEMCO FOOD / NUTRITION CENTER 361427 1/5/2023 7,670.40 ALEJANDRA SOTELO-SOLIS FOR 2022 ELECTION - PARTIAL DEPOSIT REIMB URSEMENT 361428 1/5/2023 679.00 2/4Page 275 of 432

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 27
1/5/2023
ALL FRESH PRODUCTS FOOD / NUTRITION CENTER 361429 1/5/2023 2,020.8 8 ALTA LANGUAGE SERVICES INC EMPLOYEE BILINGUAL TESTING 361430 1/5/2 023 66.00 AT&T AT&T & SBC ANNUAL PHONE SERVICE FOR FY23 361431 1/5/2023 15,17 0.06 BALLARDO REIMB / SUPPLIES FOR THE DUI CHECK POINT 361432 1/5/2023 8 3.79 BUREAU VERITAS N AMERICA INC PLAN REVIEW SERVICES / BUILDING 3614 33 1/5/2023 70,702.05 BURKE WILLIAMS & SORENSEN LLP LEGAL SERVICES 361434 1/5/2023 5,220. 50 CANON SOLUTIONS AMERICA INC. CANON PLOTTER MAINTENANCE -EQUIP US AGE 361435 1/5/2023 974.72 CENTRICITY GIS, LLC CENTRICITY GIS PAYMENT 361436 1/5/2023 12,000.0 0 CHIEF LEADERSHIP TRAINING 3RD CHIEF LEADRSHP FOR HERNANDEZ 361437 1/5/2023 1,000.00 CLEAN HARBORS ENVIRONMENTAL HOUSEHOLD HAZARDOUS WASTE FOR NOVEMB ER 361438 1/5/2023 1,077.14 COLANTUONO HIGHSMITH PROFESSIONAL SERVICES / CAO 361439 1/5/2023 2 13.50 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICALS & DOT EXAM 361 440 1/5/2023 3,919.00 COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY23 361441 1/5/2023 26 0.66 COZZINI BROS., INC. KNIFE/DELI SLICER/CAN OPENER SHARPENING 36144 2 1/5/2023 36.00 DAVID HUFFMAN CONSTRUCTION RFW BUILDING/DAVID HUFFMAN 361443 1/5/2 023 1,113.85 DE LAGE LANDEN DLL 20 SHARP COPIERS LEASE FOR FY23 361444 1/5/2023 2,939.63 DELGADO SUPPLY REIMBURSEMENT / CSD 361445 1/5/2023 70.00 DEVANEY PATE MORRIS & CAMERON ATTORNEY SERVICES 361446 1/5/2023 19, 957.50 DEVANEY PATE MORRIS & CAMERON LEGAL SERVICES 361447 1/5/2023 40,310 .71 DITAS YAMANE 2022 ELECTION - PARTIAL DEPOSIT REIMBURSEMENT 361448 1/5/2023 724.00 ENTERPRISE FLEET MANAGEMENT ENTERPRISE FLEET LEASE MANAGEMENT - ENG 361449 1/5/2023 16,307.36 ESGIL LLC BUILDING DEPT/ESGIL 361450 1/5/2023 11,587.19 FRIENDS OF RON MORRISON 2022 ELECTION - PARTIAL DEPOSIT REIMBURS MENT 361451 1/5/2023 679.00 G2SOLUTIONS, INC NEW EMPLOYEE FINGERPRINT TEST SUBMISSION 361452 1 /5/2023 4.50 GOVERNMENT TRAINING AGENCY SD EMPLOYMENT RELATIONS CONSORTIUM 36 1453 1/5/2023 2,588.00 HOME DEPOT CREDIT SERVICES 086786801956 UNVSAL CLIP, HOLIDAY 3614 54 1/5/2023 482.60 HUTALLA RFW PLANNING/JOCYLIN HUTALLA 361455 1/5/2023 500.00 KALANKIEWICZ TRAINING REIM POST SWAT TM LDR 361456 1/5/2023 105.55 KIMLEY HORN AND CIP 22-41 PROJECT SUPPORT SERVICES - ENG 361457 1/ 5/2023 130.00 KRONOS INC ANNUAL MAINTENANCE AND LICENSING FOR PD 361458 1/5/2023 202.74 MARISSA ACIERTO FOR 2022 ELECTION - PARTIAL DEPOSIT REIMBURSMENT 361459 1/5/2023 724.00 MTS MTS FLAGGING SERVICES / NSD 361460 1/5/2023 168.28 NATIONAL CITY TROPHY MOP 66556 OFFICE SUPPLIES- PW 361461 1/5/2023 687.63 NERI LANDSCAPE ARCHITECTURE CIP 19-33 PARADISE CREEK PARK EXTENS ION 361462 1/5/2023 1,000.00 PALMA ACE PARKING REIMBURSEMENT FOR NOTARY EXAM 361463 1/5/2023 10. 00 PROFESSIONAL SEARCH GROUP LLC TEMPORARY PLACEMENT CARLEE BATTLE - ENG 361464 1/5/2023 1,750.00 PROJECT PROFESSIONALS CORP CIP 19-33 PARADISE CREEK EDUCATIONAL PARK 361465 1/5/2023 43,997.49 PRUDENTIAL OVERALL SUPPLY LAUNDRY SERVICES FOR NUTRITION STAFF 36 1466 1/5/2023 530.48 RODRIGUEZ FOR MAYOR 2022 2022 ELECTION-PARTIAL DEPOSIT REIMBURSM ENT 361467 1/5/2023 679.00 SCANLON TRAINING REIM K9 CON SCANLON 361468 1/5/2023 392.81 SCANLON TRAINING K9 TRAINING / PD 361469 1/5/2023 221.10 SDG&E SAN DIEGO GAS AND ELECTRIC NUTRITION 361470 1/5/2023 3,377.82 SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 361471 1/5/2023 663.33 SEGAL REIMB ATAP MEETING AND MILEAGE 361472 1/5/2023 189.38 SOSA TUIT REIMB: PUBLIC SAFETY LAW / PD 361473 1/5/2023 3,500.00 SPOK INC SPOK METROCALL PAGING FY23 361474 1/5/2023 690.62 STAPLES BUSINESS ADVANTAGE MOP 45704 BUILDING/STAPLES ADVANTAGE 3 61475 1/5/2023 88.88 STC TRAFFIC TRAFFIC SIGNAL SUPPORT SERVICES - ENG/PW 361476 1/5/20 23 16,473.75 3/4Page 276 of 432

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 27
1/5/2023
STILES EDUCATION REIMBURSEMENT 361477 1/5/2023 607.50
SWRCB ANNUAL PERMIT FEE FOR PHASE MS4 - 361478 1/5/2023 45,010.00 SYSCO SAN DIEGO INC FOOD / NUTRITION CENTER 361479 1/5/2023 5,951.4 7 T-MOBILE MOBILE USA INC. GPS LOCATE CASE 2211081007 361480 1/5/202 3 25.00 UNITED PARCEL SERVICE 0E4872 SHIPPING 361481 1/5/2023 23.85 VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY23 361482 1/5/202 3 10,263.76 YOUNG REIMB FOR CHRISTMAS GIVE AWAY EVENT 361483 1/5/2023 127.04 A/P Total 428,424.64

WIRED PAYMENTS
U S BANK TRAINING PD 181035 1/5/2023 1,254.05
U S BANK TRAINING PD 181035 1/5/2023 1,126.47
ARCO BUSINESS SOLUTIONS FUEL FOR CITY FLEET FY 23~ DEC22 210974 1/ 4/2023 38,452.91 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 11/29/2022 - 12/12/2 022 230105 1/5/2023 274,081.83 ADMINSURE INC WORKERS' COMPENSATION REPLENISHMENT - DEC 512985 1/4 /2023 80,757.97 SECTION 8 HAPS Start Date End Date
12/30/2022 1/5/2023 1,102,656.55
GRAND TOTAL 1,926,754.42$
4/4Page 277 of 432

AGENDA REPORT

Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, February 21, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Warrant Register #28 for the period of 01/06/23 through 1/12/23 in the amount of $ 2,312,382.68

RECOMMENDATION:

Ratify Warrants Totaling $ 2,312,382.68

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Per Government Section Code 37208, below are the payments issued for period 01/06/23 – 01/12/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
AXON Enterprises 361489 101,978.10 Licensing & Storage for Body Cameras / PD City of Vista 361499 54,387.00 RSWA - Environmental Enhancement Health Net Inc 361518 80,846.28 Grp #R1192A – January 2023 Kaiser Foundation HP 361524 249,731.15 Group No. 104220 – Feb 2023 SDG&E 361544 67,966.76 Gas & Electric for Facilities FY23 Tri-Group Construction 361564 178,067.02 CIP 19-33Paradise Creek Park Extension

FINANCIAL STATEMENT:

Warrant total $ 2,312,382.68

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. 28

PAYEE DESCRIPTION CHK NO DATE AMOUNT
AIR POLLUTION CONTROL DISTRICT ANNUAL DISTRIC FEES FOR 1243 NAT CITY BLVD 361484 1/12/2023 650.00 AIR POLLUTION CONTROL DISTRICT ANNUAL DIST FEES FOR 1200 NAT CIT Y BLVD 361485 1/12/2023 545.00 AIR POLLUTION CONTROL DISTRICT ANNUAL DISTRIC FEES#31 FOR FS 31 2333 EUCLID 361486 1/12/2023 216.80 AMANDA SAN MARTIN PHOTOGRAPHY HEADSHOTS OF COUNCILMEMBERS - COUN CILS 361487 1/12/2023 250.00 ATLAS TECHNICAL CONSULTANTS, CIP 19-33 NC PARADISE CREEK ED PARK , EXT 361488 1/12/2023 177.00 AXON ENTERPRISE INC LICENSING AND STORAGE FOR BODY CAMERAS/PD 361 489 1/12/2023 101,978.10 C A P F JANUARY 2023 - FIRE LTD 361490 1/12/2023 1,003.00 CANON SOLUTIONS AMERICA INC. MAINTENANCE- EQUIPMENT USAGE 01/22- 01/23 361492 1/12/2023 99.85 CAPPO INC 2023 CAPPO MEMBERSHIP / PURCHASING 361493 1/12/2023 140.0 0 CITY OF DEL MAR RSWA - PAYMENT FOR ENVIRONMENTAL ENHANCE 361494 1/ 12/2023 3,996.00 CITY OF ENCINITAS RSWA - PAYMENT FOR ENVIRONMENTAL ENHANCE 361495 1/12/2023 33,046.00 CITY OF NATIONAL CITY RSWA - PAYMENT FOR ENVIRONMENTAL ENHANCE 36 1496 1/12/2023 24,133.00 CITY OF POWAY RSWA - PAYMENT FOR ENVIRONMENTAL ENHANCE 361497 1/12 /2023 28,761.00 CITY OF SOLANA BEACH RSWA - PAYMENT FOR ENVIRONMENTAL ENHANCE 361 498 1/12/2023 5,677.00 CITY OF VISTA RSWA - PAYMENT FOR ENVIRONMENTAL ENHANCE 361499 1/12 /2023 54,387.00 COLANTUONO HIGHSMITH PROFESSIONAL SERVICES / CAO 361500 1/12/2023 297.50 CRISTANDO HOUSE, INC TRAINING TUITION GUILLEN 361501 1/12/2023 240. 00 DEVANEY PATE MORRIS & CAMERON LEGAL SERVICES 361502 1/12/2023 25,67 6.87 DISCOUNT SIGNS & BANNERS FIRE&EMERGNCY MED DISPATCH SVCS FY22-23 361503 1/12/2023 64.48 DISCOUNT SPECIALTY CHEMICALS SAFE SCALE- PW/SEWER 361504 1/12/2023 412.25 EXOS WORKS, INC EXOS MANAGEMENT FEES/JUNE/FY23 361505 1/12/2023 41, 022.27 FACTORY MOTOR PARTS MOP 82766 AUTO SUPPLIES- PW 361506 1/12/2023 28 5.21 FERGUSON ENTERPRISES 1350 MOP 45723 GENERAL SUPPLIES- PW 361507 1/ 12/2023 359.66 FERNANDO TRAINING ADV POST LDG IA TRAINING 361508 1/12/2023 422.70 FERNANDO TRAINING REIM CHIA FVINCENT 361509 1/12/2023 119.70 FRANK TOYOTA PARTS; ~ 361510 1/12/2023 1,653.21
GEOSYNTEC CONSULTANTS INC CIP# 21-16 CNC COMPLIANCE WORK - ENG-P W 361511 1/12/2023 8,954.12

GONZALEZ REIMBURSEMENT FOR ADA FEHA ACCOMMODATIO
N 361512 1/12/2023 108.78
HDR ENGINEERING, INC. CIP 22-55 WASTEWATER MAST PLAN- 361513 1/12 /2023 27,455.50 HEALTH NET GRP. #N7176F - JANUARY 2023 361514 1/12/2023 1,646.41 HEALTH NET GRP #N7176A - JANUARY 2023 361515 1/12/2023 1,373.26 HEALTH NET GRP. #N7177A - JANUARY 2023 361516 1/12/2023 1,277.44 HEALTH NET GRP.#R1192R - JANUARY 2023 361517 1/12/2023 857.33 HEALTH NET INC GRP #R1192A - JANUARY 2023 361518 1/12/2023 80,846.2 8 HEALTH NET INC GRP. #57135A - JANUARY 2023 361519 1/12/2023 1,289.7 2 HEALTH NET INC GRP.#LB439A - JANUARY 2023 361520 1/12/2023 1,103.36 HEALTH NET INC GRP.#LB439F - JANUARY 2023 361521 1/12/2023 735.61 HINDERLITER DE LLAMAS AUDIT SERVICES- TRANSACTIONS TAX / PERIOD 361522 1/12/2023 2,326.01 IPS GROUP INC PARKING PORTRAL PERMIT MERCHANT FEES- ENG 361523 1/1 2/2023 2,384.73 KAISER FOUNDATION HEALTH PLAN GROUP NO. 104220 - FEBRUARY 2023 I NV #39 361524 1/12/2023 249,731.15 KIMLEY HORN CIP NO. 20-09 NC EASTSIDE I-805 COMMUNIT 361525 1/12/2 023 27,594.40 KREPPS ED REIMBURSEMENT 361526 1/12/2023 200.00
LASER SAVER INC MOP 45725 LASER SAVER/BUILDING 361527 1/12/2023 152 .20 LOPEZ-GOMEZ CITATION REIMBURSEMENT #3026112 361528 1/12/2023 60.00 LUNT REIMB / CAPPO CONFERENCE / FINANCE 361529 1/12/2023 170.93 MEYERS, NAVE, RIBACK, SILVER PROFESSIONAL SERVICES / CAO 361530 1/ 12/2023 4,224.00 NEOGOV NEOGOV SUBSCRIPTION FEE RENEWAL 361531 1/12/2023 13,207.41 PACIFIC PRODUCTS & SERVICES 2" SQ 14GA X 10' PERFORATED TELESPAR 361532 1/12/2023 1,338.71 WARRANT REGISTER # 28
1/12/2023
1/3Page 279 of 432

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 28
1/12/2023
PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES- PW 361533 1/12/2023 301.09 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES- PW 361534 1/12/2023 59.25 POWERSTRIDE BATTERY CO INC MOP 67839 GENERAL SUPPLIES- PW 361535 1 /12/2023 558.83 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES- PW 361536 1/12/2023 1 ,897.09 PROFESSIONAL SEARCH GROUP LLC OFFICE TEMP SERVICE WEEK 11/20/22 ENG-PW 361537 1/12/2023 1,750.00 PROFESSIONAL SEARCH GROUP LLC TEMP SERVICE FOR EMILY PORTES 36153 8 1/12/2023 11,485.50 PROJECT PROFESSIONALS CORP CIP 19-33 PARADISE CREEK ED PARK EXTE NSION 361539 1/12/2023 35,573.29 PRUDENTIAL OVERALL SUPPLY LAUNDRY SERVICES FOR NUTRITION STAFF 36 1540 1/12/2023 464.43 RANDALL LAMB ASSOCIATES INC RL PROJECT SD19085.00 CITY NCPD STAN DBY 361541 1/12/2023 12,657.50 RED WING SHOES STORE WORK BOOTS FOR RUBEN HUERTA 361542 1/12/2023 2 00.00 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY23 361544 1/12/2023 67, 966.76 SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS 361545 1/12/2023 55.93 SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 361546 1/12/2023 223.7 5 SEWARD REIMB: SEWARD CATO PARKING 361547 1/12/2023 31.25 SILVA REIMBURSEMENT FOR GIFT CARD 361548 1/12/2023 156.23 SILVER & WRIGHT LLP LEGAL SERVICES 361549 1/12/2023 878.40 SMART & FINAL MOP 45756, JANITORIAL SUPPLIES/ FIRE 361550 1/12/202 3 147.78 SOLANA CENTER FOR ENVIRONMENTAL RSWA - SB 1383 COMPLIANCE SUPPOR T SERVICE 361551 1/12/2023 4,350.00 SOLANA CENTER FOR ENVIRONMENTAL RSWA - SB 1383 COMPLIANCE SUPPOR T SERVICE 361552 1/12/2023 3,800.00 SOLANA CENTER FOR ENVIRONMENTAL RSWA - SB 1383 COMPLIANCE SUPPOR T SERVICE 361553 1/12/2023 2,725.00 SOUTH COUNTY ECONOMIC BUSINESS OUTREACH 361554 1/12/2023 7,000.00 STANICH TRAINING ADV LDG IDI TECH 361555 1/12/2023 379.30 STAPLES BUSINESS ADVANTAGE MOP#45742. OFFICE SUPPLIES / PD 361556 1/12/2023 88.44 SWEETWATER AUTHORITY WATER BILL FOR FACILITIES FY 2023~ 361557 1/1 2/2023 18,013.50 SYSCO SAN DIEGO INC FOOD / NUTRITION CENTER 361558 1/12/2023 2,584. 51 TERMINIX INTERNATIONAL CITY OWNED FACILITIES ONGOING PEST 361559 1 /12/2023 1,322.00 THE ABBEY CATERING VOLUNTEER APPRECIATION DINNER - CATERING 3615 60 1/12/2023 4,717.15 THE LINCOLN NATIONAL LIFE INS GRP#415491 - JANUARY 2023 361561 1/1 2/2023 9,589.57 THE STAR NEWS PLANNING/STAR NEWS 361562 1/12/2023 107.63 THOMSON REUTERS CCR T 19 PUBLIC SAFETY / FIRE 361563 1/12/2023 208. 47 TRI-GROUP CONSTRUCTION AND DEV CIP 19-33 PARADISE CREEK PARK EXT ENSION 361564 1/12/2023 178,067.02 TURF STAR INC STUD-WHEEL - PW/PARKS 361565 1/12/2023 32.49 UNDERGROUND SERVICE ALERT UNDERGROUND SERVICE ALERT FY 2020~ 3615 66 1/12/2023 888.31 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 BUILDING SUPPLIES- PW 361 567 1/12/2023 403.34 VULCAN MATERIALS COMPANY ASPHALT, TACK, 3/8 SHEET FY 2023~ 361568 1/12/2023 226.22 WETMORES DEF FLUID 2.5 GAL BOTTLE 361569 1/12/2023 952.65 WOODRUFF, SPRADLIN & SMART APC RSWA - LEGAL SERVICES 3RD QUARTER LEGAL 361570 1/12/2023 5,000.00

WOODRUFF, SPRADLIN & SMART APC RSWA - GENERAL MANAGER MONTHLY IN VOICE NO V 361571 1/12/2023 2,750.00
WOODRUFF, SPRADLIN & SMART APC RSWA - GENERAL MANAGER MONTHLY IN VOICE DEC 361572 1/12/2023 2,750.00 WOODRUFF, SPRADLIN & SMART APC RSWA - GENERAL MANAGER MONTHLY IN VOICE JAN 361573 1/12/2023 2,750.00 WOODRUFF, SPRADLIN & SMART APC RSWA - REIMBURSEMENTS TO WSS FOR RSWA 361574 1/12/2023 414.07 WOODRUFF, SPRADLIN & SMART APC RSWA - REIMBURSEMENTS TO WSS FOR RSWA 361575 1/12/2023 243.91 WSP USA INC GPU PEIR CAP 361576 1/12/2023 46,861.51
ZUMAR INDUSTRIES INC 3M 3931 30" X 50YD HIP REFLECTIVE SIGN 36157 7 1/12/2023 4,667.00 A/P Total 1,187,950.12
2/3Page 280 of 432

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 28
1/12/2023

PAYROLL
Pay period Start Date End Date Check Date
1 12/13/2022 12/26/2022 1/4/2023 1,124,432.56

GRAND TOTAL 2,312,382.68
3/3Page 281 of 432

AGENDA REPORT

Department: Community Development
Prepared by: Armando Vergara, Director
Meeting Date: Tuesday, February 21, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Public Hearing and Adoption 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.

RECOMMENDATION:

Adoption of the Ordinances for the 2022 California Fire Code and the Nati onal 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 adopt 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. Adoption of these model codes by reference is authorized by Government Code Sections 50022.2 through 50022.4, and Section 6066.

State law requir es 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. The ordinances were introduced at the February 7, 2023 Council public hearing.

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:

Second 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 288 of 432

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 289 of 432

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 C ode 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 319 of 432 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 320 of 432
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 322 of 432 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 323 of 432
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 21, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Public Hearing and Adoption of an Ordinance of the City Council of the City of National City, California Establishing the Compensation of the Mayor and City Council

RECOMMENDATION:

Adopt an ordinance adjusting the 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 May or 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 ar e no limitations imposed on the amount of the Mayor’s compensation.

At the January 17, 2023 City Council meeting, the City Council, in a 4 to 1 vote1, 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. The proposed ordinance attached increases the salaries of the Mayor and City Council by 30%.

1 Mayor Morrison voted against.

The proposed ordinance was introduced by the City Council for a first reading during the February 7, 2023 City Council Meeting. The City Council, in a 3 to 2 vote, directed staff to bring back the proposed ordinance for a second reading and adoption. Vice-Mayor Molina and Councilmember Bush voted against the proposed ordinance.

Should the City Council wish to amend th e ordinance's provisions it will require re -introduction and adoption at a subsequent meeting. Delaying final 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:

Second Reading and Adoption

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 21st 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: Library and Community Services
Prepared by: Joyce Ryan, Library & Community Services Director Meeting Date: Tuesday, February 21, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Approval of Agreement with EXOS Community Services LLC for Las Palmas Pool Operations

RECOMMENDATION:

Adopt a Resolution Entitled, “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.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On February 7, 2023, the City Council meeting agenda included this item for review and approval.

At that meeting, Council voted to continue the item to a subsequent meeting in order to allow staff to present additional information regarding the operation of Las Palmas Pool by EXOS.

The proposed new agreement with EXOS includes a few modifications to the City’s standard contract. These modifications include limiting EXOS’s indemnity obligations to negligent performance of its obligations and the inclusion of a mutual liability cap. As EXOS provides world- class services on an international basis, and, as a much larger organization than it was in 2018, it can no longer assume the risks it has historically assumed under the prior contract. Given that EXOS’s scope of work is limited to programming and the City is responsible for maintenance of the public facility the proposed modifications are reasonable.

BACKGROUND
Las Palmas Pool was dedicated in 1958 to serve the residents of National City. In 2011/12, City staff explored new avenues for pool operations. After exploring an option with the YMCA, City staff worked with Medi -Fit (which became EXOS) to become a community partner in operating the pool. EXOS Community Services, LLC has provided aquatics programs a nd services at Las Palmas Pool since 2015. They have continued in that role with the exception of a short period of closure due to COVID.

In 2018, Council approved a 5 -year agreement with EXOS to operate Las Palmas Pool; this agreement was canceled in May 2020 due to COVID closures. City Council approved the most recent agreement with EXOS Community Services LLC on June 16, 2020, following this closure.

City Council approved the First Amendment to the Agreement on June 15, 2021, extending the term of th e agreement to June 30, 2022. The Second Amendment to the Service Agreement approved by City Council on June 21, 2022, extended the term to December 31, 2022.

On October 19, 2021, the City Council approved the emergency repairs to Las Palmas Pool. The pool widening project was approved on February 1, 2022, and the new Las Palmas Pool Wellness Center was approved at the February 15, 2022 , meeting. During this time, EXOS staff have contributed valuable information and insight into pool operations, assisting staff and consultants with their knowledge.

Staff are anticipating the re-opening of the pool in Summer 2023. The continued service of EXOS will ensure a smooth transition to the new pool operation. Due to the pool widening, additional programming and re venue generation opportunities exist . Staff are recommending a longer agreement as this allows EXOS to better serve the community by providing consistent programming and competing for lifeguard staff during a nationwide lifeguard shortage.

COST COMPARISON
Although it is unlikely that the pool would be operated as a cost -neutral program, EXOS has worked with the City in order to reduce costs and increase revenues. The budget actuals for 2018- 2022 are listed below. Please note that revenues were reduced in FY20 as a result of closure due to COVID. In addition, revenues were reduced in 2022, as the pool closed for a portion of the year, awaiting construction.

Table 1
Las Palmas Pool/EXOS
Budget Actuals 2018-2022
2018 2019 2020 2021 2022
Expenditures $444,315 $485,581 $389,966 $302,566 $324,281 Revenues $232,033 $230,495 $131,652 $339,139 $160,589
Net Cost to City $212,282 $255,086 $258,314 ($36,573)1 $163,690

Although it may seem as though the costs could be reduced further, a rough sampling of local cities shows that expenditures are in line with what is experienced in other cities. Revenues at Las Palmas Pool are actually higher than those of some other cities. Please note that staffing expenditures in the table below do not include materials a nd supplies, training, maintenance, chemicals, or utility costs - this is for general comparison only.

Table 2
Sampling of Municipal Pools
Expenditures/Revenues
Municipality Staffing2
Expenditures
Revenues Net Cost Notes
La Mesa $555,650 $140,000 $415,650 FY23 Projected
San Marcos $364,000 $225,000 $139,000 FY23 Projected
Poway $588,747 $448,000 $140,747 FY23 Approved Budget

In addition, staff also looked at the 14 municipal pools offered through the City of San Diego.

Because of the number of facilities, staff can be scheduled at a number of different pools in order to meet staffing needs. Management costs are spread over the entire pool system, so they are given a separate line item. Please note that total costs include utility costs but do not include maintenance or chemicals expenditures. Revenues fluctuate at these facilities depending on the

1 Many outdoor activity facilities experienced an anomalous increase in revenues due to COVID closures of indoor activities.
2 Expenditure figures do not include pool maintenance, materials and supplies, training, uniforms, etc.

neighborhood, pool size, and j oint-use agreements. For example, Ned Baumer pool has a joint use agreement with the local college and has three pools located at the center.

Table 3
City of San Diego Pools
Estimated Annual Budget FY23
Pool Facility Staffing
Expenditures
Total Costs
(includes
staffing costs)
Revenues Net Cost
Allied Gardens $255,531 $377,658 $122,586 $255,072
Bud Kearns $283,013 $388,287 $135,076 $253,211
Carmel Valley $268,760 $395,191 $109,518 $285,673
City Heights $295,529 $378,551 $79,796 $298,755
Clairemont $293,636 $433,142 $137,157 $295,985
Colina del Sol $174,070 $228,678 $14,803 $213,875
Kearny Mesa $197,423 $267,487 $42,095 $226,392
Memorial $248,702 $373,636 $61,177 $312,459
MLK $186,652 $237,724 $33,769 $204,955
Ned Baumer $350,035 $526,230 $224,239 $301,991
Swanson $226,684 $293,475 $54,354 $239,121
Tierrasanta $262,858 $384,394 $104,892 $279,502
Vista Terrace $204,145 $308,457 $37,007 $271,450
Standley $363,916 $492,715 $10,000 $482,715
Management
Costs $483,787 $483,787 $0 $483,787
Totals $4,094,741 $5,571,412 $1,166,469 $4,404,943

Staff conducted a surface examination of potential staffing costs for the operation of Las Palmas Pool. Below are rough figures for staffing Las Palmas Pool.

Table 4
Annual Estimate for Las Palmas Pool Staffing
Staffing
Aquatics Manager3 Salary + Benefits $117,091
Senior Lifeguards (5)4 Based on $18.56/hr $92,800
Lifeguards (15)5 Based on $18.39/hr $275,850

Total $485,741

In the table above, please note that current job classifications and salary schedules would need to be updated and approved. In addition, a new Full -time Aquatics Manager job classification would need to be created. Positions would need to be filled prior to the pool opening, and training

3 This position would need t o be created. Salary is based on Recreation Superintendent job classification’s lowest salary band. 4 Senior Lifeguard hourly rate is based on $18.56 per hour (highest current step). This would need to be increased to compete with local area compensation.

For example, City of San Diego recently approved a 30% increase to their Pool Guard II position, changing the hourly rate to $21.93 - $26.42. 5 Lifeguard hourly rate is based on highest current step rate of $18.39 per hour. This salary would need to be in creased to compete with local area compensation. City of San Diego recently approved a 30% increase to their Pool Guard I position, changing the hourly rate to $19.98 - $24.06.

of all staff would need to occur. Lifeguard positions are based on current practice at Las Palmas Pool of staffing with 20 lifeguards for optimal service. In addition, there are traditionally no union- represented positions at Las Palmas Pool. Past practice has seen the use of part -time or management staff only.

Staffing for local pools has become challenging in recent years. Recently, the City of Poway had to reduce the number of swim lessons provided by 65% from last year because they could not hire enough lifeguards for demand. The City of Poway is also considering hiring two full -time senior lifeguards to create some stability, reduce turnover, and grow employees from within. Two years ago, the City of Carlsbad created full-time lifeguards, and the City of San Diego is now hiring full-time lifeguards because staffing pools is so challenging.

Table 4 does not include costs for materials and supplies, training, equipment, uniforms, and program supplies. There is also no attempt at revenue numbers, as these are dependent on staffing and subsequent program offerings. In addition, the table also does not show the overhead costs for Human Resources, which would need to update job descriptions and salaries and recruit for the needed positions.

Staff Recommended Operator
EXOS Community Services has proved to be a valued community partner working with the City to operate and enhance aquatics services at Las Palmas Pool. Within the past five years, EXOS has offered the following programs to community members at minimal cost to residents:

 Lap Swim and Recreational Swim
 Learn to Swim classes (Group and Individual)
 GEX Aqua Classes
 Water Walking

EXOS Community Services is committed to being an exceptional community partner and works to create low-cost aquatics programming for our residents. EXOS’ proposed budget for FY24 is attached as an exhibit to this staff report. With the increased size of the pool, opportunities for revenue will increase; however, revenues are shown with a conservative 5% increase in swim lessons and day passes. Revenues are based on a number of different streams, including lessons, day passes, Red Cross courses, and pool rentals. Table 5 below shows the current Council-approved fee schedule for Las Palmas Pool.

Table 5
National City Las Palmas Pool Fees
Activity Age Group Residents Non-Residents
Lap & Recreational
Swim
(cost per session)
Youth (up to age 12) $1 $3
Adults (13 and over) $3 $4
Seniors (65 and over) $1.50 $4
Lap & Recreational
Swim
(30 session pass)
Youth (up to age 12) $20 $45
Adults (13 and over) $45 $60
Seniors (65 and over) $30 $45
GEX Aqua Classes Adults (13 and over) $3 $4
Seniors (65 and over) $1.50 $3
Group Swim Lessons
4 Class Sessions All Ages $20 $28
5 Class Sessions All Ages $25 $35
6 Class Sessions All Ages $30 $42
7 Class Sessions All Ages $35 $49
8 Class Sessions All Ages $40 $56

Private Swim Lessons
4 Class Sessions All Ages $80 $120
5 Class Sessions All Ages $100 $150
6 Class Sessions All Ages $120 $180
7 Class Sessions All Ages $140 $210
8 Class Sessions All Ages $160 $240

With the re -opening of the pool, EXOS will continue offering excellent service and quality programs to the community. In addition, the participant numbers will continue to grow as the pool widening has allowed for greater use of the facility. Therefore, staff is recommending that Council approve the agreement with EXOS Community Services to allow them to continue to operate Las Palmas Pool.

FINANCIAL STATEMENT:

Revenues and expenditures for pool operations were included in the FY23 budget.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Parks, Recreation and Library

ENVIRONMENTAL REVIEW:

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

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

1. Service Agreement Between City and EXOS Community Services

2. EXOS Community Services – Las Palmas Pool Budget FY23

3. EXOS Community Services Proposed Budget FY24

4. Second Amendment to Service Agreement Between City and EXOS Community Services for July 1, 2022 to December 31, 2022

5. Resolution

Service Agreement Page 1 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

SERVICE AGREEMENT BY AND BETWEEN

THE CITY OF NATIONAL CITY AND

EXOS COMMUNITY SERVICES LLC

This Service Agreement (this “Service Agreement”) is entered into by and between the CITY OF NATIONAL CITY, a municipal corporation (the “CITY”), and EXOS COMMUNITY SERVICES, LLC, a New Jersey limited liability company (“EXOS”).

RECITALS

A. The CITY owns the real property commonly known as Las Palmas Pool, located at 1800 East 22nd Street, National City, California (the “Premises”) as depicted in Exhibit “A.”

B. EXOS is a privately-held fitness and wellness management and consulting company in the business of designing, managing, and operating all aspects of mixed-use health, fitness and aquatics centers similar to Las Palmas Pool.

C. The CITY wishes to have EXOS operate the Las Palmas Pool with EXOS programs serving the local community.

D. The CITY is responsible for repair and maintenance of the Premises, which includes improvements, landscaping, facility maintenance, janitorial maintenance, chemical maintenance and information technology. The City desires to engage EXOS to operate the Premises, which includes, personnel, programming, events and operating procedures and policies.

NOW, THEREFORE, in consideration of the foregoing facts, and in consideration of the promises and covenants hereinafter set forth, the parties agree as follows:

ARTICLE 1

TERM OF AGREEMENT

1.1 Term. The term of this Service Agreement shall be for the period beginning January 1, 2023 (the “Commencement Date”) and terminating on June 30, 2027.

1.2 Option to Extend Term. If EXOS is not in default of any provision of this Agreement upon the expiration of the term described in Article 1.1, the City Council may extend the term upon mutual agreement between the parties. The CITY and EXOS may mutually agree to extend the term of this Service Agreement for up to two (2) additional five (5) year terms. The initial period, and any extension pursuant to this Article 1.2, shall collectively be referred to hereafter as the “Term.”

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

Service Agreement Page 2 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

1.3 Transition Period. Should the CITY or EXOS not extend this Service Agreement pursuant to Article 1.2, EXOS will make every effort to transition operations to the CITY over the six (6) month period that precedes expiration of the Term.

ARTICLE 2

PREMISES AND PERSONAL PROPERTY

2.1 Facilities to be Operated. The CITY hereby engages EXOS to operate the Premises as of the Commencement Date. EXOS will operate the Premises for the benefit of the citizens of National City subject to the covenants and conditions set forth in this Service Agreement.

Facilities to be operated include: (1) the Olympic-size pool; (2) the activity pool; (3) the locker rooms; (4) pump and storage rooms; (5) lobby; and (6) administrative offices (the “Facilities”).

Upon completion of construction of the new proposed pool building, EXOS will operate the aquatic program and administration in the new building and may utilize sections of the old pool building as deemed appropriate by the CITY.

2.2 Ownership of Personal Property a nd Improvements. The rights and obligations of the parties regarding the ownership of personal property and improvements on the Premises shall be as follows:

2.2.1 Ownership of Personal Property. All of the CITY’s personal property not permanently affixed to the Premises, such as, but not limited to, furnishings, office equipment and supplies (“Personal Property”) shall remain the property of the CITY. All improvements existing on the Premises (“Improvements”), together with all fixtures permanently attached to the Premises (“Fixtures”), as of the Commencement Date shall remain the property of the CITY during the Term. EXOS shall not remove any Personal Property, Improvements, or Fixtures from the Premises, nor waste, destroy, or modify any Personal Property, Improvements, or Fixtures on the Premises. All new Improvements, together with all new Fixtures permanently attached to the Premises, after the Commencement Date shall remain the property of the CITY during the Term. EXOS shall not remove any of the CITY’s Personal Property, Improvements, or Fixtures from the Premises nor waste, destroy, or modify any Personal Property, Improvements, or Fixtures on the Premises.

2.2.2 Ownership of Improvements and Equipment. All of EXOS’s personal property not permanently affixed to the Premises shall remain the property of EXOS.

ARTICLE 3

PERMITTED USE

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

Service Agreement Page 3 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

3.1 Permitted Uses. EXOS shall operate the Premises by providing for and facilitating the following proposed activities which may be amended or replaced periodically by agreement of the authorized representatives of the parties:

3.1.1 Open swim on Saturday and Sunday throughout the year and open swim seven (7) days a week during the months of June, July, and August. Open swim also during the National School District two (2) week fall break that occurs during September and October. In addition, consideration based on need will be given for an expanded open- swim schedule during the National School District two (2) week winter and spring breaks.

3.1.2 Learn to swim classes throughout the year based on community needs. The number of classes offered will increase during the months of June, July, and August. A variety of learn-to-swim classes for youth and adults with varying levels of experience will be offered. Cancellation of classes is permitted if enrollment is less than three (3) participants.

3.1.3 Aquatic exercise classes for various ages and abilities and offered based on community needs. Cancellation of classes is permitted if enrollment is less than five (5) participants.

3.1.4 Adult masters swim program with structured workouts provided by a certified coach.

3.1.5 Lap swimming offered, based on community needs.

3.1.6 Youth recreational and competitive swim program with structured workouts provided by a certified coach.

3.1.7 Facility rentals for athletic teams or clubs looking to use the Premises for practices or competitions. Facility rentals shall follow City Council Policy 801, Recreational Field and Sports Facility Rules and Regulations.

3.2 Hours of Service. EXOS may pr ovide programming between the hours of 5:00 a.m. and 10:00 p.m. seven (7) days a week. Hours of service may be changed upon mutual, written agreement.

3.2 CITY Use. The City may use the Premises for special events, including National Night Out and Summer Movies in the Park. The CITY may use the Premises for up to ten (10) additional events or programs per year. Dates and times of such uses will be agreed upon by the CITY and EXOS.

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

Service Agreement Page 4 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

3.3 Consideration. EXOS’s performance under this Service Agreement shall serve as the sole consideration due to the CITY for EXOS’s right to operate the Premises.

3.4 CITY Residents. Participants seeking day use of the Premises who prove to EXOS’s satisfaction that they are residents of the CITY shall not be required to become members of EXOS and shall be offered reduced resident rates.

ARTICLE 4

SERVICES

4.1 EXOS shall render the management services listed below (the “Services”) to the CITY for the on-site management and supervision of the Premises. The Services shall be performed in accordance with generally-accepted standards in the fitness and wellness management industry.

The Services shall be performed in accordance with those requirements or restrictions as may be imposed by any governmental authority. EXOS shall provide the Services as follows:

4.1.1 EXOS shall formulate an annual budget in accordance with financial targets for net operating income/surplus and meeting agreed upon benchmarks. The budget shall be mutually agreed upon by the CITY and EXOS in February of each year.

4.1.2 EXOS shall endeavor to increase program participation through the development and execution of effective marketing and retention plans.

4.1.3 EXOS shall provide open swim, learn to swim classes, aquatic exercise classes, adult masters swim program, lap swim, facility rentals and other programs at affordable resident rates approved by the CITY.

4.1.4 EXOS shall endeavor to meet or exceed budgeted net operating income/surplus goals as set forth in the annual budget approved by the CITY. Financial results will be monitored by and reviewed with the CITY on a monthly, quarterly and annual basis.

4.1.5 EXOS shall provide annual reports to the City, each of which must contain the total number of (a) National City residents who participated in EXOS events; (b) all participants who participated in EXOS events; (c) events and programs coordinated; and (d) reservations and use by third parties, such as athletic teams, and any other pertinent statistics.

4.1.6 EXOS shall recruit, hire and employ, as employees of EXOS, all persons who will work at, or provide services to the Premises, managed by EXOS in furtherance of the CITY operations (all such persons being referred to herein, collectively as “Managed Personnel”). Salaries and other expenses of Managed Personnel will be charged to CITY as an operating expense only to the extent such Managed Personnel are actually employees of EXOS.

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

Service Agreement Page 5 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

Both parties hereto in the performance of this Service Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither EXOS nor, to EXOS’S knowledge, EXOS’S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY’S employees, including but not limited to retirement, medical, unemployment, or workers’ compensation insurance.

This Service Agreement contemplates the personal services of EXOS and EXOS’S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Service Agreement was, and is, the professional reputation and competence of EXOS and its employees. Neither this Service Agreement nor any interest herein may be assigned by EXOS without the prior written consent of the CITY. Nothing herein contained is intended to prevent EXOS from employing or hiring as many employees as EXOS may deem necessary for the proper and efficient performance of this Service Agreement. All agreements by EXOS with third parties shall require the third party to adhere to the applicable terms of this Service Agreement.

4.1.7 EXOS will manage personnel, facilities and programs/services in a manner consistent with the mission and values of the CITY. EXOS will provide personnel as it deems reasonably necessary to perform the Services set forth in this Service Agreement.

Personnel will be trained by EXOS to properly perform the Services. When hiring for the general manager position, EXOS will present the CITY with general manager candidates for review prior to hiring. The CITY will have the right to disapprove of general manager candidates.

4.1.8 EXOS will establish and implement policies and procedures designed to operate the Premises in a manner that promotes safety, customer service and financial accountability.

4.1.9 EXOS will work closely with the CITY and the Community Services Department in designing and implementing effective and low cost program marketing campaigns, including community outreach to find programming opportunities. EXOS will develop and launch outdoor fitness and program initiatives.

4.1.9.1 Use by Others. EXOS may allow use of the Premises to other groups or organizations such as athletic teams and clubs. Any third party group users such as athletic teams and clubs shall be required to adhere to City Council Policy 801 Recreational Field and Sports Facility Rules and Regulations, to obtain a facility use permit from the CITY, and pay fees to the CITY for use of the Premises.

4.1.9.2 Social Media. EXOS shall be responsible for social media marketing for the Premises and will adhere to the City’s Social Media Policy 01.13.

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

Service Agreement Page 6 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

4.1.10 EXOS will develop and enhance measurement and analytics capabilities to help optimize revenue.

ARTICLE 5

EQUIPMENT

5.1 The CITY shall provide such items as office furniture and equipment, telephones, computers and software for the Premises. The CITY also agrees to, at its sole expense, maintain such equipment to the best of their ability. The CITY will consider the nature and priority of the maintenance and available funding to determine if and when such repairs and maintenance will be completed.

5.2 EXOS shall, provide general administrative supplies, marketing materials, and all aquatic-related exercise equipment, and safety and first aid equipment necessary for the operation of the Premises at the CITY’S sole cost and expense. The CITY shall pay for such supplies and materials within thirty (30) days of receipt of EXOS’S invoice therefor. EXOS shall prepare and distribute marketing materials and CITY shall assist with the distribution of marketing materials.

ARTICLE 6

UTILITIES

6.1 Utility Services. The CITY shall maintain utility services to the Premises. The CITY shall pay for all utilities costs necessary for EXOS’ use and operation of the Premises during the Term. Utility services to the Premises include gas, water, electricity, trash, sewer charges and telephone. The CITY shall pay directly to the applicable utility company such charges, and EXOS shall have no obligation to pay for such utility services.

ARTICLE 7
REPAIRS; MAINTENANCE

7.1 CITY Repair and Maintenance Obligations. The CITY shall, at its own cost and expense, repair, maintain in good and tenantable condition, ordinary wear and tear excepted, and replace, as necessary, the Premises. The CITY is responsible for all repair and maintenance including but not limited to, landscape maintenance, facility maintenance, and janitorial maintenance. The CITY shall work with EXOS to maintain public safety, hygiene and fire safety of the Premises.

The CITY shall consider the nature and priority of the work and available funding to determine if and when such repairs and maintenance will be completed.

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

Service Agreement Page 7 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

7.1.1 Landscape Maintenance. The CITY is responsible for all outdoor cleaning and landscape maintenance at the Premises.

7.1.2 Facility Maintenance. The CITY is responsible for all facility maintenance, including but not limited to, electrical, lighting, plumbing, pool chemicals, paint, flooring, HVAC systems, and heat and air conditioning.

7.1.3 Janitorial Maintenance. The CITY is responsible for all janitorial maintenance at the Premises, including but not limited to, routine cleaning of office, lobby, restrooms and locker rooms which includes waste removal, window cleaning, sweeping and mopping floors, and dusting and wiping counters and surfaces. The CITY will also stock janitorial items such as toiletries and cleaning supplies in all bathrooms located at the Premises. The CITY has the sole discretion to determine the frequency of janitorial maintenance and the amount of janitorial items stocked at the Premises.

7.1.4 Information Technology. The CITY is responsible for providing internet access, telephones and support services.

7.2 EXOS Repair and Maintenance Obligations. EXOS shall operate the Premises in a manner that promotes the safety and security of the public while EXOS personnel is on the Premises. Safety and security issues must be reported to the designated CITY contact promptly and EXOS personnel will endeavor to protect the safety and security of the public until the CITY can address the safety and/or security issue.

Except for normal wear and tear occurring in the ordinary course of business, EXOS agrees to repair or replace any damage or injury done to the Premises, or Personal Property, or any part thereof, caused by EXOS or EXOS’S agents or employees, at EXOS’S own cost and expense. If EXOS fails to make such repairs or replacements promptly, CITY may, at its option, make such repairs or replacements, and EXOS shall repay the cost thereof to the CITY within thirty (30) days of written demand. However, for any repair work, costing over Five Hundred and no/100 Dollars ($500.00) to be performed by EXOS or EXOS’s agents, EXOS shall not perform such repair work without the CITY’s prior written consent. Any repairs or replacements in or to the Premises, other than repair work in emergency situations, which would require an expenditure exceeding Forty-Five Thousand and no/100 Dollars ($45,000.00) and which constitute a “public project” under Section 20161 of the California Public Contract Code, shall be contracted for/by CITY and let to bid pursuant to those procedures described in National City Municipal Code Chapter 2.62.

7.3 CITY Right to Inspect. EXOS shall permit the CITY to enter the Premises at all times to inspect the Premises, provided, however, that such entry shall not unreasonably interfere with EXOS’S operation of the Premises. Nothing contained in this Article 7, however, shall be construed as creating any duty on the part of the CITY to do any work which, under any provision of this Service Agreement, EXOS may be required to do.

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

Service Agreement Page 8 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

7.4 Prevailing Wages. EXOS shall pay prevailing wages if required by law for work performed on the Premises.

ARTICLE 8

FEES AND PAYMENT TERMS

8.1 Fees. The CITY shall pay EXOS a monthly base management fee, actual payroll and staffing expenses, and marketing and administrative costs as set forth in the annual budget approved by the CITY.

8.1.1 Base Management Fee. As compensation for the Services, the CITY shall pay EXOS a monthly base management fee (the “Base Management Fee”) for each month beginning January 1, 2023 in the amount of $5,200 per month. Thereafter, the Base Management Fee shall increase by 5% at the beginning of each fiscal year. The Base Management Fee shall be invoiced on a monthly basis and shall be due thirty (30) days after receipt.

8.1.1.1 Learn to Swim Class. The Base Management Fee may increase by an amount not to exceed 10% of said fee during the five (5) months when the CITY provides the “Learn to Swim” classes to the National School District. Upon completion of the “Learn to Swim” classes the Base Management Fee will revert to the amount prior to commencement of the Learn to Swim classes.

8.1.2 Payroll and Staffing Expenses. EXOS shall recruit, hire and employ, as employees of EXOS, all persons who will work at, or provide services at the Premises.

Monthly payroll and staffing expenses are estimated as set forth in the annual budget approved by the CITY and will be charged to the CITY as an operating expense only to the extent such Managed Personnel are actually employees of EXOS.

8.1.3 Marketing and Administrative Costs. EXOS shall provide such items as general administrative supplies and marketing materials necessary for the operation of the Premises. Monthly marketing and administrative costs are estimated as set forth in the annual budget approved by the CITY and the cost of the marketing materials and the administrative supplies shall be paid for by the City within thirty (30) days after receipt of an invoice setting forth the amount of such costs.

8.2 Payment Terms. At the end of each month during the Term, EXOS shall submit to the City an invoice for monthly operating expenses as agreed upon in the annual budget approved by the CITY.

8.2.1 Monthly Balance Payment. EXOS shall submit an invoice to the CITY after each month during which Services are rendered to the CITY. To the extent applicable, each DocuSign Envelope ID: AC7BCC50-E1FA-4DFD-AFE3-9F035B101F54

Service Agreement Page 9 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

invoice will reflect the monthly Base Management Fee, actual payroll and staffing expenses, and actual marketing and administrative costs, together with all amounts payable to EXOS, as set forth in the annual budget approved by the CITY. EXOS shall also submit to the City supporting documents for payroll and staffing expenses, and marketing and administrative costs. Supporting documents may be, but are not limited to, copies of payroll and receipts for purchases.

8.5 Revenue Collected by EXOS. Revenue collected by EXOS for its programing of open swim, learn to swim, aquatic exercise classes, adult masters swim program, lap swim, youth recreational and competitive swim program, and facility rentals will be collected and handled by EXOS and deposited with the CITY. EXOS shall submit cash and credit card receipts to the CITY two (2) times per week or at any time the amount of cash at the Premises exceeds $500.00.

8.6 Notwithstanding any other provision contained herein, in the event that CITY’S outstanding balance for fees and charges to EXOS is greater than ninety (90) days past due, EXOS will have the right to immediately and unilaterally terminate this Agreement.

8.7 The CITY shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by the CITY hereunder.

ARTICLE 9
TAXES

9.1 Definition. “Taxes” shall mean all taxes, governmental bonds, special assessments, charges, or transfer taxes, license and transaction fees, including, but not limited to, (a) any state, local, federal income tax, or any real or personal property tax, (b) increases in taxes attributable to EXOS’s operation of the Premises, or (c) any taxes which are essentially payments to a governmental agency, other than the CITY, for the right to make improvements to the Premises.

EXOS recognizes and agrees that this agreement may create a possessory interest subject to property taxation and that EXOS may be subject to the payment of taxes levied on such interest.

EXOS agrees to pay, before delinquency, all taxes, assessments and fees assessed or levied upon the Premises.

9.2 Responsibility for Payment of Taxes. The CITY shall not be obligated to pay any Tax es accruing against EXOS.

ARTICLE 10

INDEMNIFICATION, LIMITATION OF LIABILITY, AND INSURANCE

10.1 EXOS’s Indemnity. EXOS agrees to defend, indemnify and hold harmless the City of National City, its officers, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, DocuSign Envelope ID: AC7BCC50-E1FA-4DFD-AFE3-9F035B101F54

Service Agreement Page 10 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

suits, actions, proceedings, reasonable attorneys’ fees, and defense costs, of any kind or nature, including workers’ compensation claims, brought by a third-party , resulting from or arising out of EXOS’ established negligence in its (a) performance of or (b) failure to uphold its other obligations under this Service Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers.

The indemnity, defense, and hold harmless obligations contained in this Article 10 shall survive the termination of this Service Agreement for any alleged or actual omission, act, or negligence under this Service Agreement that occurred during the term of this Service Agreement.

10.2 Limitation of Liability. NEITHER PARTY OR ITS AFFILIATES WILL HAVE ANY

LIABILITY UNDER THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES,

GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER,

BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN

CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF ANY REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. NO ACTION ARISING OUT OF

THIS AGREEMENT MAY BE BROUGHT BY OR ON BEHALF OF A PARTY MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION FIRST AROSE. THE TOTAL

LIABILITY OF EACH PARTY AND ITS AFFILIATES ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED $1,000,000; PROVIDED THAT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTION 10.1, SUCH TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF (A) SUCH AMOUNT AND (B) $5,000,000. SUCH

LIMITATIONS APPLY IN THE AGGREGATE TO ALL CLAIMS BY A PARTY AND ITS AFFILIATES, AGENTS AND PRINCIPALS. THE PARTIES ARE RELYING ON THE FOREGOING ALLOCATION OF RISK IN SIGNING THIS AGREEMENT.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION 10.2, THE LIMITATIONS IN THIS SECTION 10.2 WILL NOT LIMIT THE RIGHT OF EXOS TO RECEIVE FEES PAYABLE UNDER THIS AGREEMENT.

10.3 Insurance. EXOS, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this Service Agreement, the following checked insurance policies:

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

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

C. Commercial General Liability Insurance, (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and DocuSign Envelope ID: AC7BCC50-E1FA-4DFD-AFE3-9F035B101F54

Service Agreement Page 11 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

completed operations, property damage, bodily injury and personal & advertising injury, with minimum limits of $5,000,000 per occurrence and $10,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Service Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this “project” or “location”. The Commercial General Liability required by this Section must include Sexual Misconduct Liability coverage with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. For the avoidance of doubt, the CITY understands that part of the coverage limits hereunder shall be satisfied by EXOS’s excess umbrella policy. EXOS represents to CITY that its excess umbrella policy does not exclude coverage for Sexual Misconduct Liability.

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

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

E. The aforesaid policies shall constitute primary insurance, at least as broad as ISO CG 20 01 04 13, as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. EXOS shall endeavor to provide for thirty (30) days, but in no event later than forty-five (45) days, prior written notice to the CITY’s Risk Manager, at the address listed in Article 10. 3(G) below, of
cancellation or material change.

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

G. The Certificate Holder for all policies of insurance required by this Article

10. 3 shall be:

City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder’s alphabetic and financial size category rating of not less than A VIII according to the current Best’s Key Rating Guide, or a company equal financial stability that is approved by the CITY’S Risk Manager. In the event coverage is provided by non-admitted “surplus lines” carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements.

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

Service Agreement Page 12 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

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

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

ARTICLE 11

TERMINATION

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

Termination with or without cause shall be effected by delivery of written Notice of Termination to EXOS as provided for in this Service Agreement. Termination without cause shall be effective only upon 60-day’s written notice to EXOS. EXOS shall perform all services in accordance with this Service Agreement during this 60-day period. This Service Agreement may also be terminated immediately, for cause, by the CITY in the event of:

(a) a material breach of this Service Agreement;
(b) a misrepresentation by EXOS in connection with the:

1. formation of this Service Agreement;

2. performance of services;

3. the failure to perform services as directed by the CITY; (c) the filing of a petition in bankruptcy affecting EXOS; (d) a reorganization of EXOS for the benefit of creditors; or (e) a business reorganization, change in business name or change in business status of EXOS.

11.2 This Service Agreement may be terminated by EXOS by notice to the CITY, at any time if:

(a) the CITY becomes insolvent or admits its inability to pay its debts generally as they become due;

(b) the CITY becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven (7) days or is not discussed or vacated within forty-five (45) days after filing; (c) the CITY is dissolved or liquidated or takes any action for such purpose;

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

Service Agreement Page 13 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

(d) the CITY makes a general assignment for the benefit of creditors; or

(e) the CITY has a receiver, trustee, custodian or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

11.3 Within thirty (30) days of the termination of this Service Agreement, EXOS shall return to the CITY all property of the CITY, and EXOS shall remove from the Premises all property of EXOS at EXOS’s sole cost and expense.

ARTICLE 12

HAZARDOUS MATERIALS

12.1 Hazardous Materials Laws-Definition. As used in this Article, the term “Hazardous Materials’ Laws” means any and all federal, state or local laws or ordinances, rules, decrees, orders, regulations or court decisions (including the so-called “common law”) relating to hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental conditions on, under, or about the Property, soil and ground water conditions, or other similar substances or conditions. The following legal authority is a non-exhaustive list of the legal authority that applies to the definition of the term “Hazardous Materials Laws”:

(a) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C., Section 9601 et seq.)

(b) the Hazardous Materials Transportation Act, as amended (49 U.S.C., Section 1801 et seq.), and

(c) the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C., Section 6901 et seq.)

12.2 Hazardous Materials - Definition. As used in this Section the term “Hazardous Materials” means any chemical, compound, material, substance or other matter that:

12.2.1 is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material, whether injurious or potentially injurious by itself or in combination with other materials;

12.2.2 is controlled, referred to, designated in or governed by any Hazardous Materials Laws;

12.2.3 gives rise to any reporting, notice or publication requirements under any Hazardous Materials Laws, or

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

Service Agreement Page 14 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

12.2.4 is any other material or substance giving rise to any liability, responsibility or duty upon the CITY or EXOS with respect to any third person under any Hazardous Materials Law.

12.3 EXOS Representations and Warranties. EXOS represents and warrants that, during the Term or any extension thereof, EXOS shall comply with the following provisions of this Section unless otherwise specifically approved in writing by CITY, subject to the terms and conditions of EXOS maintenance obligations provided elsewhere in this Service Agreement:

12.3.1 EXOS shall not cause or authorize any Hazardous Materials to be brought, kept or used in or about the Premises by EXOS, its agents, employees, assigns, contractors or invitees, except as required by EXOS's permitted use of the Premises in the normal course of operations;

12.3.2 Any handling, transportation, storage, treatment or usage by EXOS of Hazardous Materials that is to occur on the Premises following the Commencement Date shall be in compliance with all applicable Hazardous Materials Laws;

12.3.3 Any leaks, spills, release, discharge, emission or disposal of Hazardous Materials which may occur on the Premises following the Commencement Date shall be promptly reported in writing to CITY;

12.3.4 No friable asbestos shall be constructed, placed on, deposited, stored, disposed of, or located by EXOS in the Premises;

12.3.5 No underground improvements, including but not limited to treatment or s torage tanks, or water, gas or oil wells shall be located by EXOS on the Premises without CITY’s prior written consent;

12.3.6 EXOS shall promptly supply the CITY with copies of all notices, reports, correspondence, and submissions made by EXOS to the United States Environmental Protection Agency, the United Occupational Safety and Health Administration, and any other local, state or federal authority which requires submission of any information concerning environmental matters or hazardous wastes or substances pursuant to applicable Hazardous Materials' Laws with respect to the Premises; and

12.3.7 EXOS shall promptly notify the CITY of any liens threatened or attached against the Premises pursuant to any Hazardous Materials’ Law. If such a lien is filed against the Premises, then, within the earlier of (a) twenty (20) days following such filing, or (b) before any governmental authority commences proceedings to sell the Premises pursuant to the lien, EXOS shall either:

(a) pay the claim and remove the lien from the Premises, or DocuSign Envelope ID: AC7BCC50-E1FA-4DFD-AFE3-9F035B101F54

Service Agreement Page 15 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

(b) furnish either:

(1) a bond or cash deposit reasonably satisfactory to the CITY in an amount not less than the claim from which the lien arises, or;

(2) other security satisfactory to the CITY in an amount not less than that which is sufficient to discharge the claim from which the lien arises.

12.3.8 At the end of this Agreement, EXOS shall surrender the Premises to the CITY free of any and all Hazardous Materials and in compliance with all Hazardous Materials’ Laws affecting the Premises.

ARTICLE 13

ASSIGNMENT

13.1 CITY’s Consent Required. EXOS shall not voluntarily or involuntarily assign or otherwise transfer all or any portion of its rights and duties under this Agreement without the CITY’s prior written consent. Any attempted assignment or transfer without the CITY’S prior written consent shall be void.

ARTICLE 14
DEFAULTS BY EXOS OR BY CITY; REMEDIES

14.1 Events of Default; Remedies. The following sub-articles shall apply if either EXOS or the CITY neglects, fails to perform, or fails to observe any of their respective obligations under the terms, covenants, or conditions contained in this Agreement (“Default”):

14.1.1 Thirty-Day Correction of Default. If either EXOS or the CITY determines that the other party is in Default, then the non-defaulting party must provide the defaulting party written notice of the Default and thirty (30) days to correct the Default.

14.1.2 Extended Correction of Default. If the defaulting party determines that more than thirty (30) days is required to correct the Default, the defaulting party must provide the other party written notice of the reasons why additional time is required to correct such Default. The defaulting party must use diligent efforts to correct a Default under this Article

14.1.2 and, in any case, must correct such Default within ninety (90) days from the date of the written notice of default.

14.1.3 Remedies for Failure to Correct Default. If the defaulting party fails to comply with Article 14.1.1 or 14.1.2, then the non-defaulting party may immediately terminate DocuSign Envelope ID: AC7BCC50-E1FA-4DFD-AFE3-9F035B101F54

Service Agreement Page 16 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

this Agreement. The defaulting party shall be liable to the non-defaulting party for any and all damages sustained by the non-defaulting party as a result of the defaulting parties’ breach.

ARTICLE 15

DAMAGE OR DESTRUCTION

15.1 CITY Duty to Repair Casualty. If the Premises is damaged by fire, earthquake, or any other identifiable event of a sudden, unexpected, or unusual nature (“Casualty”), the CITY may, in sole discretion, repair any damages to the Premises. The CITY may also repair, restore, and replace any damaged or destroyed Fixtures, Improvements or Personal Property in response to any Casualty loss. If the City does not repair any damage, and such damage renders the Premises inoperable, the City may terminate this agreement as provided in Article 11 (Termination).

Application of this Article 15 is subject to the terms and conditions of EXOS’ maintenance obligations provided elsewhere in this Service Agreement.

15.2 No Abatement. In the event of reconstruction, replacement or repair, EXOS shall continue its operations on the Premises during any such period to the extent reasonably practicable from the standpoint of prudent business management, and in continuing compliance with applicable laws and regulations. EXOS shall not be entitled to any compensation or damages from the CITY for loss of use of the whole or any part of the Premises, EXOS’s Personal Property, or any inconvenience or annoyance occasioned by such damage, reconstruction or replacement.

15.3 Major Destruction. Notwithstanding any of the foregoing provisions of this Article to the contrary, if, at any time after the Commencement Date, (a) the Improvements are damaged or destroyed to the extent of more than twenty-five percent (25%) of their replacement cost, or (b) the damage is such that the Improvements cannot be repaired and restored within one hundred and eighty (180) days after the Casualty, then EXOS shall have the right to terminate this Service Agreement upon thirty (30) day’s prior written notice to CITY.

ARTICLE 16

EMINENT DOMAIN

16.1 Condemnation. EXOS may terminate this Agreement within twenty (20) days after the date that a condemning authority (by a party other than the CITY) takes possession of the Premises by delivery of written notice of such condemnation if:

(a) If all of the Premises is taken under eminent domain proceedings; or

(b) Less than all of the Premises is taken under such eminent domain proceeding and the part taken substantially impairs the ability of EXOS to use the remainder of the Premises for the purposes permitted by this Agreement.

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

Service Agreement Page 17 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

In the absence of such written notice from a condemning authority, EXOS may terminate this Agreement within twenty (20) days after the condemning authority shall have taken possession.

16.2 Continuation of Service Agreement After Condemnation. If this Service Agreement is not terminated by EXOS, it shall remain in full force and effect as to any portion of the Premises remaining, and this Service Agreement will end as of the date possession of the part taken by the public entity as to the part of the Premises that is taken.

16.3 Award. All monies awarded in any condemnation shall belong to the CITY. The CITY shall have no liability to EXOS for any award not provided by the condemning authority.

ARTICLE 17

SALE OR MORTGAGE BY CITY

17.1 Sale or Mortgage . The CITY may, pursuant to existing and subsequently enacted CITY ordinances and State laws, at any time, and without the consent of EXOS, vacate, sell, purchase, exchange, transfer, assign, lease, encumber or convey the CITY’s interest in whole or in part, in the Premises (collectively referred to in this Article as a “Sale”). CITY shall provide to EXOS written notice of CITY intent to a Sale pursuant to this Article at least ninety (90) days prior to said proposed transfer.

17.2 Release on Sale. From and after a Sale of the CITY’s entire interest in the Premises, upon payment of all amounts due or owing to EXOS, the CITY shall be released from all liability to EXOS and EXOS successors and assigns arising from this Agreement because of any act, occurrence or omission of the CITY occurring after such Sale.

ARTICLE 18
SUBORDINATION; ATTORNMENT

18.1 Subordination. This Service Agreement is and shall be junior, subject, and subordinate to:

(a) any existing or future permits or approvals issued by the United States of America or any local, State or federal agency affecting the control or operation of the Premises. EXOS shall be bound by the terms and provisions of any such permit or approval.

(b) all mortgages, deeds of trust, and other security instruments of any kind covering the Premises, or any portion thereof, as of the Commencement Date of this Service Agreement.

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

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

and EXOS COMMUNITY SERVICES LLC

This Article shall apply to the parties without the necessity of any other document being executed and delivered by EXOS.

ARTICLE 19
CITY’S RIGHT OF ACCESS

19.1 Right of Entry . CITY, its agents, employees, and contractors may enter the Premises at any time, with or without notice to EXOS, to:

(a) respond to health and safety concerns;
(b) inspect the Premises and Improvements;
(c) determine whether EXOS is complying with its obligations in this Agreement (including its obligations with respect to compliance with Hazardous Materials Laws);
(d) post notices of non-responsibility or similar notices; (e) inspect the progress of construction of any improvement; (f) make repairs that this Agreement requires or allows CITY to make; or (g) make repairs to any adjoining space or utility services, or make repairs, alterations, or improvements to any other portion of the Premises

All work enumerated in this Article 19 must be done as promptly as reasonably possible and so as to cause as little interference to EXOS as reasonably possible.

ARTICLE 20

NOTICES

20.1 Notices. Whenever in this Service Agreement it shall be required or permitted that notice or demand be given or served by either party to this Service Agreement to or on the other, such notice or demand shall be in writing, mailed or personally delivered to the other party at the addresses specified below. Mailed notices shall be sent by United States Postal Service, postage prepaid and shall be deemed to have been given, delivered and received three (3) business days after the date such notice or other communication is posted by the United States Postal Service.

All other such notices or other communications shall be deemed given, delivered and received upon actual receipt. Either party may, by written notice delivered pursuant to this provision, at any time designate a different address to which notices shall be sent.

CITY: City of National City
Attention: Brad Raulston, City Manager
City of National City
1243 National City Boulevard
National City, CA 91950-4301

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

Service Agreement Page 19 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

EXOS: EXOS
Attention: Dan Burns, Chief Executive Officer and
Marc Mandel
25 Hanover Road
Building A, Suite 104
Florham Park, New Jersey 07932

ARTICLE 21

NONDISCRIMINATION

21.1 Nondiscrimination. EXOS hereby covenants by and for itself, its successors, assigns and all persons claiming under or through it, that this Service Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against, or segregation of, any person or group of persons on account of race, age, color, creed, religion, sex, sexual orientation, marital status, national origin, physical handicap, medical condition, or ancestry in the use, operation, or enjoyment of the Premises.

ARTICLE 22

RECORDS, ACCOUNTS AND AUDITS

22.1 EXOS Duty to Keep Records. EXOS shall, at all times during the Term, and for a period of five (5) years following expiration or earlier termination of this Service Agreement, keep or cause to be kept, true and complete, in all material respects, books, records and accounts of all financial transactions in the operation of all business activities, of whatever nature, conducted pursuant to the rights granted by this Agreement. The books, records and accounts must be supported by source documents such as sales slips, cash register tapes, purchase invoices or other pertinent documents.

22.2 CITY’s Right to Audit. The CITY shall have the right, no more than two (2) times per year, at any reasonable time, upon reasonable notice, to examine and perform audits of EXOS’s records pertaining to its operations on the Premises. The cost of said audits shall be borne by the CITY, except that EXOS shall provide to the CITY, at EXOS’s expense, necessary data to enable CITY to fully comply with each and every requirement of the State of California or by the United States of America (“Regulatory Authority”) for information or reports relating to this Service Agreement and to EXOS’s use of the Premises. Notwithstanding anything to the contrary in this Article, EXOS must permit an audit of the records described in this Article if the CITY is required to perform such an audit at the direction of a Regulatory Authority.

ARTICLE 23
DocuSign Envelope ID: AC7BCC50-E1FA-4DFD-AFE3-9F035B101F54

Service Agreement Page 20 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

ADMINISTRATIVE PROVISIONS

23.1 Authority. EXOS represents and warrants that it has full power and authority to execute and fully perform its obligations under this Service Agreement pursuant to its governing instruments, without the need for any further action, and that the person executing this Service Agreement on behalf of EXOS is the duly designated agent of EXOS and is authorized to do so.

23.2 Captions. The captions and headings appearing in this Service Agreement are inserted for convenience only and in no way define, limit, construe, or describe the scope or intent of the provisions of this Service Agreement.

23.3 CITY Approval. Except where stated herein to the contrary, the phrases “CITY approval,” and “CITY written approval” or such similar phrases shall mean approval of the City Manager or Deputy City Manager of National City or said person’s representative as authorized by said person in writing.

23.4 Compliance with Laws. EXOS, at its sole expense, shall procure, maintain and hold available for the CITY’s inspection, any governmental license or permit required for the proper and lawful conduct of EXOS operation of the Premises. The CITY shall pay all costs of the County of San Diego and the Department of Environmental Health to obtain any environmental health permits needed to operate a pool. EXOS shall not use the Premises for any use or purpose in violation of the laws of the United States of America, or the laws, ordinances, regulations, orders or requirements of the State of California, the County of San Diego, the CITY, or of other lawful authorities. EXOS shall, at its expense, comply promptly with all applicable statutes, laws, ordinances, rules, regulations, orders, covenants and restrictions of record, and requirements in effect during the Term, regulating the use by EXOS of the Premises.

23.4.1 Cannabis Cultivation Prohibited. Notwithstanding any other provision in this Agreement, or in this Article 23, EXOS shall neither: (a) cultivate; (b) allow the cultivation of; (3) sell; nor (4) allow the sale of cannabis at the Premises.

23.5 Cumulative Remedies. In the event of a default under this Service Agreement, each party’s remedies shall be limited to those remedies set forth in this Service Agreement. Any such remedies are cumulative and not exclusive of any other remedies under this Service Agreement to which the non-defaulting party may be entitled.

23.6 Entire Agreement. This Service Agreement, together with all addenda, exhibits and riders attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior or contemporaneous agreements, understandings and representations, oral or written, are superseded.

23.7 Exhibits . All exhibits referred to herein are attached hereto and incorporated by reference:

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

Service Agreement Page 21 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

Exhibit A: Depiction of Las Palmas Pool

23.8 Force Majeure. If either party is prevented or delayed from performing any act or discharging any obligation hereunder, because of any and all causes beyond either party's reasonable control, including unusual delays in deliveries, abnormally adverse weather conditions, unavoidable casualties, strikes, labor disputes, inability to obtain labor, materials or equipment, acts of God, governmental restrictions, regulations or controls, any hostile government actions, civil commotion, acts of terrorism, and fire or other casualty, legal actions attacking the validity of this Service Agreement or the CITY or EXOS operations of the Premises, or any other casualties beyond the reasonable control of either party (“Force Majeure”), performance of such act shall be excused for the period of such delay, and the period for performance of such act shall be extended for a period equivalent to the period of such delay.

Force Majeure shall not include any bankruptcy, insolvency, or other financial inability on the part of either party hereto.

23.9 Governing Law. This Service Agreement shall be governed, construed and enforced in accordance with the laws of the State of California.

23.10 Independent Contractor. EXOS acknowledges that it is an independent contractor; that it alone retains control of the manner of conducting its activities in furtherance of this Service Agreement; and that it, as well as any persons, contractors or agents it may employ, are not employees of CITY for any purpose.

23.11 Interpretation. The provisions of this Service Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Service Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party.

23.13 Modification. The provisions of this Service Agreement may not be modified, except by a written amendment signed by both parties.

23.14 Partial Invalidity. If any provision of this Service Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Service Agreement shall not be affected thereby. Each provision shall be valid and enforceable to the fullest extent permitted by law.

23.15 Successors & Assigns. This Service Agreement shall be binding on and inure to the benefit of the parties and their successors and assigns, except as may otherwise be provided herein. EXOS shall not assign this Service Agreement to any other party unless approved in writing by CITY.

23.16 Time of Essence. Time is of the essence of each and every provision of this Service Agreement.

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

Service Agreement Page 22 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

23.17 Waiver. No provision of this Service Agreement or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed.

23.18 Alcohol. Consumption of alcohol on the Premises is prohibited.

IN WITNESS WHEREOF, the CITY and EXOS have duly executed this Service Agreement as of the day and year first above written.

{Signature page to follow.}

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

Service Agreement Page 23 of 24 City of National City
October 18, 2022

and EXOS COMMUNITY SERVICES LLC

CITY OF NATIONAL CITY
(CITY)

By: ________________________
Ron Morrison, Mayor

APPROVED AS TO FORM:

___________________________
Barry J. Schultz
City Attorney

EXOS COMMUNITY SERVICES, LLC
(EXOS), a New Jersey limited liability
company
(Corporation – signatures of two corporate
officers required.)

By: ______________________________
(Name)

______________________________
(Print)

______________________________
(Title)

By: ______________________________
(Name)

______________________________
(Print)

______________________________
(Title)

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

CFO - EXOS
Trevor Vigfusson
Chief Operations Officer
Bill Bourque

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

National City Las Palmas Pool Operating Proforma FY 2024 July 2023August 2023Sepetmber 2023 October 2023November 2023December 2023January 2024February 2024March 2024April 2024May 2024June 2024TotalRevenue American Red Cross Courses $1,765.00$1,210.00$357.50$1,526.88$1,526.88$1,587.95$1,587.95$470.00$947.50$3,478.80$1,281.80$3,003.00$18,743.25Masters Swimming $422.30$468.65$51.50$283.25$252.35 $56.65$247.20$154.50$216.30$329.60$324.45$272.95$3,079.70Day Passes $8,598.69$6,276.15$3,956.33$1,495.33$1,150.00$224.54$780.74$799.80$1,195.95$1,283.63$1,166.58$4,934.84$31,862.5630-Day Passes $2,653.56$2,797.20$2,251.28$1,433.53$834.30$478.95$1,236.00$1,205.10$1,284.15$1,758.75$1,312.50$4,935.60$22,180.92Swim Lessons - Private $4,003.27$1,939.84$2,519.38$1,714.95$360.50$721.00$206.00$128.75$988.80$2,121.80$1,369.90$3,419.60$19,493.79Swim Lessons- Group$15,160.06$13,064.94$8,550.03$6,343.77$154.50$309.00$1,149.48$2,551.83$4,305.40$10,259.06$8,594.84$13,699.26$84,142.15Pool Rental $13,474.20$4,259.52$4,497.32$2,570.40$2,249.10$2,249.10$5,422.32$3,663.84$2,708.10$6,928.35$1,927.80$5,945.58$55,895.63Pro-Shop $663.32$704.12$409.73$490.28 $95.79 $50.00$50.00$50.00 $79.31 $109.18$52.53$201.63$2,955.90Learn to Swim Program (3rd Grade) $15,000.00$15,000.00$15,000.00 $45,000.00Total Revenue $46,740.40$30,720.42$22,593.07$15,858.38$6,623.41$5,677.19$10,679.69$9,023.81$11,725.51$26,269.16$16,030.40$36,412.46$283,353.90 Operating Expenses Staffing Costs- Wages $30,200.00$27,700.00$27,950.00$25,450.00$21,700.00$18,700.00$18,950.00$20,950.00$24,450.00$24,950.00$27,450.00$30,450.00$298,900.00Payroll Burden $7,248.00$6,648.00$6,708.00$6,108.00$5,208.00$4,488.00$4,548.00$5,028.00$5,868.00$5,988.00$6,588.00$7,308.00$71,736.00Management Fee $5,200.00$5,200.00$5,200.00$5,200.00$5,200.00$5,200.00$5,200.00$5,200.00$5,200.00$5,200.00$5,200.00$5,200.00$62,400.00Meeting Expense (Staff Meetings In Service) $0.00 $0.00$1,000.00$0.00 $0.00 $1,000.00$0.00 $0.00$1,000.00$0.00 $0.00$1,000.00$4,000.00Adv & Marketing - Other $150.00$150.00$150.00$150.00$150.00$150.00$150.00$150.00$150.00$150.00$150.00$150.00$1,800.00Dues & Membership $200.00$200.00$200.00$200.00$200.00$200.00$200.00$200.00$200.00$200.00$200.00$200.00$2,400.00Uniforms $0.00 $0.00 $0.00$1,000.00$0.00 $0.00 $0.00 $0.00 $0.00$1,000.00$0.00 $0.00$2,000.00Office/ Program Supplies & Expenses $150.00$150.00$150.00$150.00$150.00$150.00$150.00$150.00$150.00$150.00$150.00$150.00$1,800.00Travel- Mileage Reimbursement/ Parking/ Tolls $100.00$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$100.00$200.00Total Expenses $43,248.00$40,048.00$41,358.00$38,258.00$32,608.00$29,888.00$29,198.00$31,678.00$37,018.00$37,638.00$39,738.00$44,558.00$445,236.00

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 22 ND 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 renovation and sho uld be re - opened to National City residents in Summer 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 January 1, 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 exe cute a S ervice 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.

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 21st 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: Housing Authority
Prepared by: Carlos Aguirre, Housing Director
Meeting Date: Tuesday, February 21, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

City Council discussion and direction regarding revisions to City Council Policy #901 Management of Real Property (Sale, Lease, Rental, Surplus ) with the intent to expand homeownership opportunities on City-owned parcels.

RECOMMENDATION:

Provide direction to staff on potential revisions to City Council Policy #901

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Councilmember Rodriguez submitted a City Council Policy #105 request on the Agenda for the Regular City Council meeting on February 7, 2023. The request was to review and discuss City Council Policy # 901 Management of Real P roperty (Sale, Lease, Rental, Surplus ) at the next regularly scheduled City Council meeting with the intent to expand homeownership opportunities within City -owned Properties. Staff will provide a presentation on historic and present homeownership programs and projects in National City, market data and trends affecting the feasibility of homeownership development, and potential policies that can prioritize and promote the development of homeownership projects on City -owned property. Upon direction from City Council, staff would come back to the City Council at a future date with proposed changes to the Policy an d other recommended policy actions to consider that could further incentivize homeownership development in National City.

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.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – City Council Policy No. 901

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A

EXHIBIT A

AGENDA REPORT

Department: Engineering
Prepared by: Roberto Yano, Director of Engineering and Public Works Meeting Date: Tuesday, February 21, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Street Sweeping Program

RECOMMENDATION:

Accept report and provide direction.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:
(See Exhibit A – PowerPoint Presentation)

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 – PowerPoint Presentation

STREET SWEEPING

PROGRAM

Street Sweeping Current Program
2 https://www.nationalcityca.gov/government/engineering-public-works/public-works/streets/street-sweeping • 2 sweepers ($350K per sweeper)
• 2 Operators ($90K per Operator including benefits)
• Street Sweeping once a week for the entire City
4:00am to 2:00pm
6:00am to 4:00pm
• Daily Street Sweeping for the following:
4:00am to 6am
- National City Boulevard
- Highland Avenue
- 8th Street from NBSD to L Avenue
- Plaza from Roosevelt Avenue to Highland Avenue
The Street Sweeping Program exists in part due to
Section E.5.b.(1) of MS4 permit requires operational
BMPs to reduce pollutants from entering the
waterways

Street Sweeping - Parking Issue
3 https://www.nationalcityca.gov/government/engineering-public-works/public-works/streets/street-sweeping • Parked vehicles do not allow the
street sweeper to effectively sweep
the street
• The sweeper would need to go
around the parked vehicle
• Dirt and trash between the car and
the curb / sidewalk would not be
picked up.

Some areas of concern:
1)NCB N/B & S/B 3100 Blk.
2)Plaza Blvd. E/B 2500 Blk. To Harbison Ave.
3)Mckinley Ave. N/B 19th St. To 16th
4)8th St. E/B N Ave. To 805 Bridge
5)Palm Ave. Both Sides Between 8th St. To
Plaza Blvd.
6)8th St. W/B R Ave To Palm Ave.

Street Sweeping – Existing Program
4 Parking restriction due to sweeping
activities
- Currently there are 39 Parking
Restricted for Street Sweeping
zones
- Initiated by the resident
- Petition must be signed by at
least 60% of the property
owners on both sides of the
block (or blocks) in question
- The request goes through traffic
safety committee
- Council would make the final
decision
Monday 08:00-10:00
 800-1000 Pleasant Lane --both sides of the street.
 2800 E 10th St. Arcadia West (I block), both sides of the street.
 2500 E Plaza Blvd-Euclid Ave to Arcadia Place, north
side.
 2400 E 8th St-Euclid Ave. to Arcadia Place, south side.

Tuesday 06:30-07:30
 W 30th St.-Hoover west to dead end, both sides.
07:00-09:00
 2400-2500 B Ave. East side of the street.
 200-300 E 26th St. both sides of the street
09:00-11:00
 1200 E 18th St.-L Ave. to N Ave, both sides.
 2500 I Ave. to 2599 I Ave.
10:00-12:00
 1200 Seawind-Euclid to Calle Delgado, both sides.
 Calle Delgado-Seawind to Meadow, east side.
 Meadow-Calle Delgado to Seawind, west side.
13:00-1400
 F Ave - 18th St to 24th St, both sides.
 G Ave- 21st to 22nd St, both sides.
 22nd St-F Ave to Highland, both sides.

Wednesday 08:00-09:00
 800 Delta St-Highland to 1200 block, south side of
the street.
08:00-10:00
 Roosevelt Ave-National City Blvd to 8th St, both sides.  Drexel 09:00 a.m.-11:00 a.m. both sides
10:00-11:00
 1300 Harding Ave-Civic Center Dr. to 18th St, both sides.

Wednesday 10:00-12:00
800 Hoover Ave-8th St to 16th St, both sides.
11:00-1300
 B Ave-8th St to 12th St, east side.
 C Ave-8th St to 9th St, east side.
 D Ave-Plaza Blvd to Kimball Way, east side.
 E Ave-Plaza Blvd to Kimball Way, both sides
12:00-14:00
 1300 Coolidge Ave-Civic Center Dr. to 18th St, both sides.  900 Coolidge Ave-9th St to Plaza Blvd, both sides.
 1300 Wilson Ave -Civic Center Dr. to 18th St, both sides.  W 9th St –Hoover Ave. to Coolidge Ave, both sides
Thursday 06:30-07:30
 400 D Ave-4th St to 7th, east side
07:00-08:00
 4TH St-National City Blvd to D Ave, south side.
5th St-National City Blvd to D Ave north side.
08:00-09:00
 600 C Ave-6th St to 7th St, east side.
 Division and Laurel 400
14:00-15:00
 5th St-National City Blvd to D Ave, south side.
 700 J Ave-7th St to 8th St, both sides.
 1000 D Ave-Plaza Blvd to 12th St, west side.
14:30-15:30
 400 D Ave- 4th St to 8th St, west side.

Friday
1700 Wilson Ave-(city building side)

Street Sweeping – Other Municipalities
5 https://www.nationalcityca.gov/government/engineering-public-works/public-works/streets/street-sweeping To sign the entire City
- 110 miles of street
- 220 miles of curb to sign
- 3200 feet per mile of effective curb*
- 704,000 feet of curb
- Assume 350 feet per block
- 4 signs per block **
- 8,046 signs to be installed
- $350 per sign***
- $2,816,000 for the installation
- Yearly maintenance
- Yearly enforcement
* assume 140 feet per intersection, 15 intersections per mile ** average with driveways, normal spacing is 50 between sign *** average – some will be less due to exiting pole, or more due to concrete surface
City Sweeping
Program
Parking
Restriction
Commercial
Parking
Restriction
Residential
National
City
Citywide
weekly
Downtown
Daily
By Request
only
By Request
only
Coronado Citywide
weekly
Downtown
Daily
By Request
Only
None
Chula
Vista
Commercial
Biweekly
residential
monthly
None None

Street Sweeping - Possible Actions
6 https://www.nationalcityca.gov/government/engineering-public-works/public-works/streets/street-sweeping • Information campaign – Media outlets, Nixle,
email blasts, city news, etc.
• Identify problem areas and provide additional
information and potential solutions
• Modify Title 11 to give city authority to initiate
parking restriction for street sweeping area
• Consider other program modifications within
overall goal setting for city and public works

Questions/Comments/Direction
7 Page 392 of 432

AGENDA REPORT

Department: City Manager's Office
Prepared by: Brad Raulston, City Manager
Meeting Date: Tuesday, February 21, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:
2023 Goal Setting and Budgeting Kick-Off

RECOMMENDATION:

Confirm process and proposed dates and provide direction to staff on initial City Council Priorities.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Each year the City must forecast the revenues it will receive and the expenditures it will incur for the upcoming fiscal year (FY) which runs from July 1 st through June 30 th. This is done through the annual budget development process and resu lting budget document. Because the City is limited by the amount of resources available, the budget aids the City Manager in planning how these resources will be used to operate and maintain the City.

The budget process begins in November with the planning of the budget schedule for the following fiscal year. In January, development of the operating and capital budgets begins with analysis of revenues, costing of personnel services, and the call to departments to submit appropriation requests for their ba seline budgets, as well as any enhancement requests. Meetings are then held with departments and the City Manager in order to refine the budget and consider enhancement requests.

Public budget workshops are held in April and May to present the preliminary budget, discuss budget priorities, and seek input from the City Council and community. Additions and modifications decided on as a result of these meetings are then incorporated into the proposed budget, which is brought to City Council for adoption in May or early June.

For Fiscal Year 2023-2024, the calendar of Council activity is listed in the table below.

Date Description
February 21st Budget and Goal-Setting Kick-off
March 21st Presentation of Existing Priorities & 5-Year Forecast March 24th Goal Setting Workshop 9am-4pm (Library Community Room) April 18th Preliminary Budget Workshop
May 16th Additional Budget Workshop, if needed
June 13th Budget Adoption

Budget 101
Governments use fund accounting to organize and record our revenue and expenditures in line with the Governmental Accounting Standards Board (GASB). The majority of general revenue and of expenditures for core City services are reflected in the General Fund. Beyond the General Fund, most of the other funds are used to track r evenue and expenditures that are restricted in nature. For example, the Section 8 Fund and the Sewer Fund. Approximately half of the City’s annual financial activity occurs in the General Fund. The annual budget process includes all funds, but the main foc us is the General Fund, since most of the resources in the City’s other funds are restricted to be spent on eligible expenditures. Most of the General Fund revenue is considered general revenue, such as sales and property taxes, which can be used to pay for any government service.

When annual revenues equal or exceed budgeted expenditures within a fund, the budget is balanced. It is best fiscal practice to fund annual operations with the operating revenue generated during the same period, while using one -time money for one -time expenditures (capital improvement projects or special projects rather an ongoing personnel or program enhancements).

It is critical to distinguish one-time and ongoing funding sources and budget accordingly.

FY23 General Fund Adopted Budget at a Glance
As we begin the FY24 budget development process, it is helpful to understand the General Fund’s main revenue sources and how the resources are spent.

General Fund Resources
The graph below illustrates General Fund FY23 budgeted revenue by source and is representative of a typical year. If there was a severe recession, sales tax and district transaction and use tax revenue would significantly decline.

The most significant General Fund revenues are retail sales-related taxes, the property tax in lieu of vehicle license fees, and property taxes. The main revenues in the “Other” category include Transient Occupancy Tax, Franchise Fees, and Successor Agency distributions.

General Fund Expenditures by Department

The General Fund is the primary operating fund of the City. Police, Fire, Planning, Community services, and Neighborhood Services are examples of departments whose activities are funded primarily from the General Fund. About 65% of General Fund expenditure s are for public safety (police and fire).

Operating a City is a people centered activity, therefore total personnel costs account for about 70% of General Fund expenditures.

Fund Balance & Reserves
Fund balance is the total accumulation of operating surpluses and deficits since the beginning of the fund’s existence. Fund balance amounts are reported in the City’s Annual Comprehensive Financial Report and estimates for the General Fund are provided during the budget development process and updated during the mid-year budget review. In accordance with City Council policy #201, a portion of General Fund fund balance has been designated for specific reserves. General Fund unassigned fund balance is available money that has no restrictions on how it can be spent and has not been committed to specific projects or programs by prior Council action. Council policy #201 states that General Fund unassigned fund balance shall be maintained at an amount equal to 10% of annual budgeted operating expenditures. The policy states, “amounts in excess of the target level will be used to increase or replenish other reserves (with priority given to the Economic Contingency and Facilities Maintenance reserves), to set aside resources for specific one-time uses, or as a funding source for one-time expenditures included in the annual budget or for needs that arise subsequent to budget adoption.” The City’s current reserves with estimated balances as of 6/30/22 are listed in the table as follows.

*All balances are as of June 30, 2 022 (unaudited) except for unassigned fund balance, which is as of June 30, 2021. Unassigned fund balance at June 30, 2022 is expected to be higher.

Reserve targets will also be increased based on final budgeted expenditures.

Five-Year Financial Forecast
The Five-Year Forecast is an informal planning tool designed to review the long -term outlook of the City’s major cost drivers, service needs, and available funding sources. Typically, it is updated annually after the budget adoption to help identify opport unities or issues and serves as the foundation to guide decision making during the development of the following fiscal year’s budget.

The intent of the Five-Year Forecast is not to create a five - year budget, but rather to be used a tool to indicate wheth er projected revenues will be adequate to maintain services at current or enhanced levels.

The forecast is developed by first applying known and anticipated changes to salaries and benefits, operating costs, and revenues. Other factors considered include c hanges to required services, economic indicators, and federal and State policy changes.

At the March 21 st City Council meeting, Finance staff will present the FY24 -FY28 Five -Year Forecast. The forecast data will be useful to model what levels of service enhancements can be provided based on the City’s projected resources.

Strategic Planning and Goal Setting
Strategic planning is a structured and coordinated process for fostering decision -making. A strategic plan communicates an organization’s long-term goals and the objectives which must be met to achieve them. In order to remain useful, the strategic plan mus t be a dynamic, not static, document, consistently updated to address the most challenging issues facing the organization.

The City of National City’s strategic plan is adopted by the City Council for a five-year period and the most recent update of the strategic plan occurred in 2019. To develop the strategic plan, City staff works with all departments, to assess needs and establish priorities for implementing policies, programs, plans, and projects. Staff then presents its recommendations to the City Council during a series of City Council meetings and workshops, where the strategic plan is refined and approved. The 2020-2025 Strategic Plan was developed in late 2019. It was adopted by the City Council at its regular meeting of December 3, 2019. It is attached to this report.

Due to COVID and other factors, the process was cancelled for 2021 and the Council agreed to move forward with the existing strategic plan. Recently, the Council expressed a desire to restart the process with an opportunity to get more specific about the expectations and goals they have

for the organization. In response, staff contracted with professional facilitators (Jan Perkins and Magda Gonzalez with Baker Tilly) to help organize process where we can reconsider the strategic plan and expand the scope into more specific goal setting.

City Council Priorities
Based on interviews conducted by the facilitator, an overall summary list of policy priorities suggested by Councilmembers is as follows and attached. Council direction will b e provided on what will move forward as priorities in the upcoming fiscal year based on discussion/direction at regular meetings on February 21 and March 21, and finally on March 24 at the goal -setting workshop. After the workshop, staff will develop implementation plans and prepare budgets based on the Council priorities, including updating the Strategic Plan document.

The overall summary list of policy priorities derived from the Council interviews is listed here with a more specific table with staff comments in attached report.  Address future deficit and maintain a balanced budget  Improve overall communication and outreach and tailor some communications by district
 Increase home ownership opportunities and the ratio of ownership to rental housing
 Improve permitting and development process for greater efficiency  Address homelessness through partnerships with other agencies  Interest in rent stabilization
 Enhance public safety through short - and long-term solutions to crime involving youth
 Maintain and improve infrastructure
 Provide and maintain basic City services that impact quality of life (e.g., cleanliness)

The attached table list priorities noted by Councilmembers have been placed into the categories of the City’s adopted Strategic Plan. All categories within the Strategic Plan were cited as important priorities by two or more members of Council. Bullet points below each topic in the first column are explanatory notes provided by Councilmembers. The City Manager’s notes provided in the second column provide information for each of the categories to aid in discussions at the goal-setting workshop.

FINANCIAL STATEMENT:

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 – City Council 2023 Initial Priorities Worksheet Exhibit B – 2020-2025 Strategic Plan
Exhibit C – 2023 Goal Setting and Budgeting Kick-Off Powerpoint Presentation

February 21, 2023
City of National City
Summary of Councilmember Priorities
For Initial Review in Budget Discussion February 21, 2023

The table on the following page contains a list of the priorities shared by members of the City Council in their interviews. These will be discussed during the Council priority setting workshop scheduled for March 24, 2023. An initial discussion will take place during a budget session to be held on February 21, 2023.

Summary List
An overall summary list of policy priorities suggested by Councilmembers is as follows. Following discussion on March 24, Council direction will be provided on what will move forward as priorities in the upcoming fiscal year. After the workshop, staff will develop implementation plans and prepare budgets based on the Council priorities, including updating the Strategic Plan document.

 Address future deficit and maintain a balanced budget  Improve overall communication and outreach and tailor some communications by district  Increase home ownership opportunities and the ratio of ownership to rental housing  Improve permitting and development process for greater efficiency  Address homelessness through partnerships with other agencies  Interest in rent stabilization
 Enhance public safety through short- and long-term solutions to crime involving youth  Maintain and improve infrastructure
 Provide and maintain basic City services that impact quality of life (e.g., cleanliness)

Organization of the Table:
 The priorities noted by Councilmembers have been placed into the categories of the City’s adopted Strategic Plan. All categories within the Strategic Plan were cited as important priorities by two or more members of Council.  Bullet points below each topic in the first column are explanatory notes provided by Councilmembers.  The City Manager’s notes provided in the second column provide information for each of the categories to aid in discussions at the retreat.