HomeMy WebLinkAboutAgenda Packet - 03-02-2021 CC HA Agenda - Final (2)- CALIFORNIA
NikTIONAL CI
XAOORPORATfi
ALEJANDRA SOTELO-SOLIS
Mayor
JOSE RODRIGUEZ
Vice Mayor
MARCUS BUSH
Councilmember
RON MORRISON
Councilmember
MONA RIOS
Councilmember
1243 National City Blvd.
National City, CA 91950
619-336-4240
Meeting agendas and
minutes available on the
City's website at
WWW.NATIONALCITYCA. GOV
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/
COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF
THE CITY OF NATIONAL CITY
ONLINE ONLY MEETING
https://www.nationalcityca.gov/webcast
LIVE WEBCAST
COUNCIL CHAMBERS
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CALIFORNIA
TUESDAY, MARCH 2, 2021 — 6:00 PM
NOTICE: The health and well-being of National City residents, visitors,
and employees during the COVID-19 outbreak remains our top priority.
The City of National City is coordinating with the County of San Diego
Health Human Services Agency, and other agencies to take measures
to monitor and reduce the spread of the novel coronavirus (COVID-19).
The World Health Organization has declared the outbreak a global
pandemic and local and state emergencies have been declared
providing reprieve from certain public meeting laws such as the
Brown Act.
As a result, the City Council Meeting will occur only online to ensure
the safety of City residents, employees and the communities we serve.
A live webcast of the meeting may be viewed on the city's website
at www.nationalcityca.gov. For Public Comments see "PUBLIC
COMMENTS" section below
ORDER OF BUSINESS: Public sessions of all Regular Meetings of the
City Council / Community Development Commission - Housing
Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on
the first and third Tuesday of each month. Public Hearings begin at
6:00 p.m. unless otherwise noted. Closed Meetings begin in Open
Session at 5:00 p.m. or such other time as noted, and after announcing
closed session items, convenes into a Closed Meeting. If a workshop
is scheduled, the subject and time of the workshop will appear on the
agenda. The Mayor and Council members also sit as the Chairperson
and Members of the Board of the Community Development
Commission (CDC).
REPORTS: All open session agenda items and reports as well as all
documents and writings distributed to the Elected Body less than 72
hours prior to the meeting, are available for review on the City's
website at www.nationalcityca.gov. Regular Meetings of the Elected
Body are webcast and archived on the City's website at
www.nationalcityca.gov.
PUBLIC COMMENTS: There are multiple ways you can make sure
your opinions are heard and considered by our City Council as outlined
below:
Submit your public comment prior to the meeting: To submit a
comment in writing, email PublicComment(c�nationalcityca.gov, provide
the agenda item number and title of the item in the subject line of your
email. Public comments or testimony is limited to up to three (3)
minutes. If the comment is not related to a specific agenda item,
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indicate General Public Comment in the subject line. All email comments received by 4:00
p.m. on the day of the meeting will be emailed to the City Council Members and made a part
of the official record.
***Please note that email comments received prior to the meeting will no longer be read into
the meeting's record but will be distributed to the City Council. If you would like to share your
comments live during the meeting, please follow the instructions below.
Register online and participate in live public comment during the meeting: To provide
live public comment during the meeting, you must pre -register on the City's website at
https://www.nationalcityca.gov/publiccomment by 4:00 p.m. on the day of the regular
meeting to join the City Council Meeting.
***Please note that you do not need to pre -register to watch the meeting online, but you
must pre -register if you wish to speak.
Once registered, you will receive an email with a link from Zoom to join the live meeting. You
can participate by phone or by computer. Please allow yourself time to log into Zoom before
the start of the meeting to ensure you do not encounter any last-minute technical difficulties.
***Please note that members of the public will not be shown on video; they will be able to
watch and listen and speak when called upon. Public microphones will be muted until it is
your turn to comment.
Each speaker is allowed up to three (3) minutes to address the City Council. Please be
aware that the Mayor may limit the comments' length due to the number of persons wishing
to speak or if comments become repetitious or unrelated.
All comments are subject to the same rules as would otherwise govern speaker comments
at the meeting. Speakers are asked to be respectful and courteous. Please address your
comments to the City Council as a whole and avoid personal attacks against members of
the public, City Council, and city staff.
Questions about public comment or City Council protocols? Please contact the City
Clerk's Office at (619) 336-4228 or via email at Clerk(a�nationalcityca.gov.
To use the Zoom interpretation feature, please scroll to the bottom of the Zoom screen
(where the meeting controls are), click on the interpretation icon (world), and select English
as your language. If you are joining using the Zoom mobile app (cell phone, tablet, etc.),
please press the ellipsis (...), then Interpretation, and then choose your language.
WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items
appearing on the written agenda. Items not appearing on the agenda must be brought back on a
subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to
take action on such items arose after the agenda was posted.
CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or
noncontroversial nature. All consent items are adopted by approval of a single motion by the City
Council. Prior to such approval, any item may be removed from the consent portion of the agenda
and separately considered, upon request of a Councilmember, a staff member, or a member of the
public.
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Upon request, this agenda can be made available in appropriate alternative formats to persons with a
disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office
at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
AVISO: La salud y el bienestar de los residentes, visitantes y empleados de National City durante el
brote de COVID-19 sigue siendo nuestra maxima prioridad. El Ayuntamiento de la Ciudad de
National City se esta coordinando con la Agencia de Salud y Servicios Humanos del Condado de
San Diego y otras agencias para tomar medidas con el fin de monitorear y reducir la propagacion del
nuevo coronavirus (COVID-19). La Organizacion Mundial de la Salud declaro el brote como una
pandemia global y se han manifestado emergencias locales y estatales que resultan en la
suspension de ciertas leyes de reuniones publicas, tal como la Ley Brown.
Como resultado de ello, la junta del Concejo Municipal del Ayuntamiento se Ilevara a cabo solamente
en linea para garantizar la seguridad de los residentes, empleados y comunidades locales que
atendemos. Se podra ver una transmision en vivo de la junta en el sitio web del Ayuntamiento en
www.nationalcityca.gov. Para comentarios publicos, vea la seccion "COMENTARIOS PUBLICOS"
mas adelante.
ORDEN DEL DIA: Las sesiones publicas de todas las juntas ordinarias del Concejo
Municipal/Comision de Desarrollo Comunitario - Autoridad de Vivienda (en lo sucesivo denominado
Organo Electo) inician a las 6:00 p.m. el primer y tercer martes de cada mes. Las audiencias publicas
inician a las 6:00 p.m., a menos que se indique lo contrario. Las juntas cerradas inician en sesion
abierta a las 5:00 p.m. o en cualquier otro momento que se indique, y tras anunciar los temas de la
sesion cerrada, la junta se realiza como sesion cerrada. Si se programa una reunion de discusion y
analisis, el tema y la hora de la misma apareceran en la agenda. La Alcaldesa y los Concejales se
reunen por igual que el Presidente y los integrantes del Consejo de la Comision de Desarrollo
Comunitario.
INFORMES: Todos los temas e informes de la agenda de la sesion abierta, asi como todos los
documentos y escritos entregados al Organo Electo menos de 72 horas antes de la sesion,
apareceran en el sitio web del Ayuntamiento. Las juntas ordinarias del Organo Electo se transmiten
por Internet y se archivan en el sitio web del Ayuntamiento en www.nationalcityca.gov.
COMENTARIOS PUBLICOS: Hay varias formas en las que puede asegurarse de que sus opiniones
sean escuchadas y consideradas por nuestro Concejo Municipal como se describe a continuacion:
Envie su comentario public() antes de la sesion: Para enviar un comentario por escrito, envie un
correo electronico a PublicComment(a�nationalcityca.gov, proporcione el numero del tema o asunto
de la agenda y el titulo del tema o asunto en la linea de asunto de su correo electronico. Los
comentarios o testimonios publicos se limitan a tres (3) minutos. Si el comentario no se relaciona con
un tema o asunto especifico de la agenda, indique Comentario Publico General en la linea de
asunto. Todos los comentarios por correo electronico recibidos antes de las 4:00 p.m. del dia de la
sesion se enviaran por correo electronico a los miembros del Concejo Municipal y formaran parte del
acta oficial.
***Tenga en cuenta que los comentarios por correo electronico recibidos antes de la sesion ya no se
leeran en el registro de la sesion, sino que se distribuiran al Concejo Municipal. Si desea compartir
sus comentarios en vivo durante la sesion, siga las instrucciones a continuacion.
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Registrese en linea y participe en los comentarios publicos en vivo durante la sesion: Para
proporcionar comentarios publicos en vivo durante la sesion, debe registrarse previamente en el sitio
web del Ayuntamiento en https://www.nationalcityca.qov/publiccomment antes de las 4:00 p.m. del
dia de la junta ordinaria para incorporarse a la sesion del Concejo Municipal.
***Tenga presente que no necesita registrarse previamente para ver la sesion en linea, pero debe
registrarse previamente si desea hablar.
Una vez registrado, recibira un correo electronico con un enlace de Zoom para integrarse a la sesion
en vivo. Puede participar por telefono o por computadora. Tomese el tiempo necesario para iniciar la
reunion en Zoom antes del inicio de Ia sesion para asegurarse de no encontrar dificultades tecnicas
de ultimo momento.
***Tenga presente que las personas del publico no se mostraran en video; podran observar,
escuchar y hablar cuando se les solicite. Los microfonos publicos se silenciaran hasta que sea su
turno de comentar.
Cada orador tiene hasta tres (3) minutos para dirigirse al Concejo Municipal. Tenga en cuenta que Ia
Alcaldesa puede limitar Ia extension de los comentarios debido a la cantidad de personas que
deseen hablar o si los comentarios se vuelven repetitivos o no relacionados.
Todos los comentarios estan sujetos a las mismas reglas que de otro modo regirian los comentarios
de los oradores en la sesion. Se pide a los oradores que sean respetuosos y corteses. Dirija sus
comentarios al Concejo Municipal en su conjunto y evite ataques personales contra personas del
publico, el Concejo Municipal y el personal del Ayuntamiento.
LPreguntas sobre comentarios publicos o protocolos del Concejo Municipal? Comuniquese
con la Oficina de la Secretaria del Ayuntamiento al telefono (619) 336-4228, o por correo electronico
a Clerkanationalcityca.gov.
Para hacer use del servicio de interpretacion, favor de desplazarse a la parte inferior de la
pantalla de Zoom (donde aparecen los controles). Haga clic en el icono de interpretacion (globo
terraqueo), y seleccione "Spanish" (espanol). Si esta utilizando la aplicacion movil de Zoom (celular,
tableta, etc.), presione los puntos suspensivos (...), luego "interpretation" y luego el idioma.
AGENDA ESCRITA: Con contadas excepciones, el Organ() Electo puede tomar medidas
unicamente sobre los temas que aparecen en la agenda escrita. Los temas que no aparezcan en la
agenda deben aparecer en una agenda subsecuente, a menos que sean de emergencia o urgencia
demostrada, y Ia necesidad de tomar medidas sobre esos temas haya surgido despues de haber
sido publicada la agenda.
CALENDARIO DE CONSENTIMIENTO: Los temas del calendario de consentimiento implican
cuestiones de naturaleza rutinaria o no controvertida. Todos los temas de consentimiento se adoptan
mediante la aprobacion de una sola mocion del Concejo Municipal. Antes de la aprobacion, cualquier
terra puede eliminarse de la parte de consentimiento de la agenda y considerarse aparte, a peticion
de un concejal, individuo del personal del Ayuntamiento o persona del publico.
Previa solicitud, esta agenda puede estar disponible en formatos alternativos apropiados para
personas con discapacidades, en observancia de la Ley de Estadounidenses con Discapacidades.
Llame al telefono (619) 336-4228 de la Oficina del Secretario del Ayuntamiento para solicitar una
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modificacion o adaptacion de acceso relativa a la discapacidad. Notificar 24 horas antes de la sesion
permitira al Ayuntamiento hacer arreglos razonables para garantizar la accesibilidad a esta junta.
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OPEN TO THE PUBLIC
A. CITY COUNCIL
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG
PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT)
PROCLAMATIONS AND CERTIFICATES
1. National City Celebrates the Partnership with Last Mile San Diego,
Ironworkers local 229, Teamsters local 542, Second Chance Program and
Murphy's Produce with a Purpose; to provide free PPE (Personal Protective
Equipment) to the residents and businesses of National City.
AWARDS AND RECOGNITIONS
PRESENTATIONS (FIVE-MINUTE TIME LIMIT)
INTERVIEWS / APPOINTMENTS
2. Appointments: City Boards, Commissions and Committees - Mayoral
Appointments. (City Clerk)
REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT)
CONSENT CALENDAR
3. Motion of the City Council of the City of National City approving the waiving of
the reading of the text of the Ordinances or Resolutions that are having a
Public Hearing considered at this meeting and providing that such Ordinances
or Resolutions shall be introduced and/or adopted after a reading of the title
only. (City Clerk)
4. Approval of Meeting Minutes: City Council and Community Development
Commission - Housing Authority of the City Of National City: Virtual Regular
Meeting: January 19, 2021 City Council of the City Of National City: Virtual
Special Meeting January 19, 2021 Virtual Special Meeting January 26, 2021
Joint Special Meeting of the City Council and Community Development
Commission and Housing Advisory Committee: Virtual Special Joint Meeting
January 26, 2021. (City Clerk)
5. Warrant Register #30 for the period of 1/20/21 through 1/26/21 in the amount
of $2,266,130.76. (Finance)
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6. Warrant Register #31 for the period of 1/27/21 through 2/02/21 in the amount
of $1,718,495.28. (Finance)
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
7. Second reading and adoption of an Ordinance of the City Council of the City
of National City to require electronic submittal of Campaign Disclosure
Statements and Form 700 filings. (City Clerk)
8. Introduction and first reading of an Ordinance of the City Council of the City of
National City adding National City Municipal Section 9.60 to regulate
commercial cannabis. (City Manager)
NON CONSENT RESOLUTIONS
9. Resolution of the City Council of the City of National City: 1) authorizing the
filing of a Proposition 68 Statewide Park Development and Community
Revitalization Program (SPP) application for the Kimball Park Project in the
amount of $7,738,273; 2) authorizing the City Manager or designee to
execute the grant agreement if selected for funding; and 3) if selected for
funding, approving the establishment of an Engineering Grants Fund
Appropriation of $7,738,273 and corresponding revenue budget to allow for
reimbursement of eligible project expenditures through the SPP for the
Kimball Park Project. (Engineering/Public Works)
10. Resolution of the City Council of the City of National City: 1) authorizing the
filing of a Proposition 68 Statewide Park Development and Community
Revitalization Program (SPP) application for the El Toyon Park Project in the
amount of $5,632,571; 2) authorizing the City Manager or designee to
execute the grant agreement if selected for funding; and 3) if selected for
funding, approving the establishment of an Engineering Grants Fund
Appropriation of $5,632,571 and corresponding revenue budget to allow for
reimbursement of eligible project expenditures through the SPP for the El
Toyon Park Project. (Engineering/Public Works)
NEW BUSINESS
11. Time Extension Request — Tentative Subdivision Map for a 29-unit multi -unit
residential project located at East 16th Street and "M" Avenue. (Applicant:
Renova Properties, LLC) (Case File 2021-01 TE) (Planning)
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
CONSENT RESOLUTIONS - HOUSING AUTHORITY
PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY
NON CONSENT RESOLUTIONS - HOUSING AUTHORITY
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NEW BUSINESS - HOUSING AUTHORITY
C. REPORTS
STAFF REPORTS
12. Update on the County of San Diego COVID-19 2021 Emergency Rental
Assistance Program. (Housing Authority)
13. City Manager Report. (City Manager)
MAYOR AND CITY COUNCIL
CLOSED SESSION
CLOSED SESSION REPORT
ADJOURNMENT
Regular Meeting of the City Council and Community Development
Commission - Housing Authority of the City of National City - Tuesday -
March 16, 2021 - 6:00 p.m. - Council Chambers - National City, California.
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The following page(s) contain the backup material for Agenda Item: National City Celebrates
the Partnership with Last Mile San Diego, Ironworkers local 229, Teamsters local 542,
Second Chance Program and Murphy's Produce with a Purpose; to provide free PPE
(Personal Protective Equipment) to the residents and businesses of National City.
Please scroll down to view the backup material.
9 of 236
Item #
03/02/21
National City Celebrates the Partnership with Last Mile San Diego,
Ironworkers local 229, Teamsters local 542, Second Chance
Program and Murphy's Produce with a Purpose; to provide
Free PPE (Personal Protective Equipment) to the residents
and businesses of National City
10 of 236
The following page(s) contain the backup material for Agenda Item: Appointments: City
Boards, Commissions and Committees - Mayoral Appointments. (City Clerk)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 2, 2021 AGENDA ITEM NO.
ITEM TITLE:
Appointments: City Boards, Commissions and Committees - Mayoral Appointments (City Clerk)
PREPARED BY: ILuz Molina, City Clerk
Shelley Chapel, Deputy City Clerk
PHONE: I(619) 336-4225'
EXPLANATION:
Vacancies on multiple Boards/Commissions/Committees have been noticed in the Star News, posted on the
City Hall Bulletin Boards, City Website, and City Social Media sites to advertise opening and the application
acceptance period.
DEPARTMENT: City Clerk's Office
APPROVED BY:
The vacancy notice for the Library Board of Trustees was posted Monday, January 2, 2021, and all applications
were due to the City Clerk's Office by the deadline of Wednesday, February 3, 2021 at 5:00 p.m.
The vacancy notice for the Traffic Safety Committee was posted Tuesday, January 19, 2021, and all
applications were due to the City Clerk's Office by the deadline of Wednesday, February 17, 2021 at 5:00 p.m.
(See Explanation (Attachment A) for more information)
FINANCIAL STATEMENT:
ACCOUNT NO.
n/a
ENVIRONMENTAL REVIEW:
n/a
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Mayoral appointment with City Councilrnembers confirmation.
BOARD / COMMISSION RECOMMENDATION:
n/a I
ATTACHMENTS:
Attachment A — Explanation
Attachment B — Applications (redacted)
Attachment C — City Council Policy #107
Attachment D — Boards/Commission/Committees Reference Chart
Attachment E — Boards/Commission/Committees Status Report
12 of 236
ATTACHMENT A
The City Clerk's Office began advertising and accepting applications for multiple vacancies on Mayoral
appointed Boards/Commissions/Committees (BCC).
In order to obtain qualified candidates, a Notice of Vacancy was advertised on the following: The City
website, posted on the City Hall Bulletin Boards, and City Social Media sites to advertise openings and the
application acceptance period.
Deadline to submit applications to the City Clerk's Office for the vacancies listed below to be considered
by the Mayor were:
• Library Board of Trustees - Wednesday, February 3, 2021 at 5:00 p.m.
• Traffic Safety Committee - Wednesday, February 17, 2021 at 5:00 p.m.
BCC
Number of Open Seats and
Term expiration for that seat
Appointing
Member(s)
Residency Electoral of Compensation
Requirement City
Requirement
Library Board of (1) One Seat 09/30/2021
Trustees
Mayor subject to
Confirmation by
the City Council
Yes
No
None
Traffic
Safety
Committee
(1) One Seat 09/30/2021
Mayor subject to
Confirmation by
the City Council
Yes
No
None
The City Clerk's Office received applications from four (4) individuals for the two (2) vacancies:
• Library Board of Trustees — (2) Paula Gapp and Coyote Moon
• Traffic Safety Committee — (2) Coyote Moon, and Marisa Rosales
**Please note that one of the applicants, selected multiple choices for consideration of appointment on
this evening's agenda item.
Library Board of Trustees - Both applicants for this position submitted applications after the Wednesday,
February 3rd 5:00 p.m. deadline and are included for consideration. Applicant Coyote Moon is currently
serving on this Board as an Alternate.
Traffic Safety Committee — All applications were received on time. Applicant Coyote Moon is a former
member of the Traffic Safety Committee who resigned her seat January 19, 2021, the seat that is
currently vacant and the seat being considered.
NOTE:
Per City Council Policy #107 D(4): Applications. Available on the City website and in the City Clerk's Office. Submission must
be before the advertised deadline for consideration for the current appointment. All applications will be retained in the City Clerk's
Office for one-year from submitting an application to be considered for other vacancies on Boards, Commissions, and Committees
as marked on the application. The City Clerk's Office will notify the applicant being considered for an appointment to confirm that
they are still interested in volunteering.
Per City Council Policy #107 D(5): A member may only serve on one (1) Board, Commission, or Committee at a time. If applying
for another position on a different Board, Commission, or Committee that applicant will forfeit the prior seat, and a vacancy will
occur per policy.
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ATTACHMENT B
LIBRARY BOARD OF TRUSTEES
1. Paula Gapp
2. Coyote Moon
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CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS, AND COMMITTEES
ATTACHMENT B
Community & Police Relations Commission* (CPRC)
_ Library Board of Trustees
_ Parks, Recreation & Senior Citizens Advisory Board
_ Veterans & Military Families Advisory Committee*
Port Commission
'71) (C-UOy1PN Jo r rD
Civil Service Committee &lo ay4;o a„no
Planning Commission,
Public Art Committee*0 di -I
Traffic Safety Committ rdpau
Advisory Housing Committee*
Applicants must be residents of the City of National City except for those marked by an asterisk (*).
All applicants must be U.S. Citizens.
Applicants for the Community and Police Relations Commission must pass a criminal background check
prior to appointment.
Applicants for the Advisory Housing Committee must have subject matter expertise in housing -related
Issues.
Name. Ii4.4.. 1a (1((P,P E-Mail: paWa . . r( ,7fyirt r f .Cznq
Tel No:
Horne Address:
(Include City/Zip)
Business Affiliation:
%Lt 2'Y1JC_ Title: HI( CDMplIarlc'_-.�
1
Business Address:.)() I ) ' k..+1, (J`71.1 C, I)) Tel. No.: (i05 tfe
Length of Residence in National City: g NI Os San Diego County: em .--'S California:? M DS
Educational Background:
N� S _ c Y ) 1. sf fl t1 ~l've_ .SfU LL11 i ve r I -fti
Occupational Experience: Hy n'i (L.n L mk. rat-DeCc') Unt-a_ 1)61-
�, Y i "r aat! yt L eDa.ktrul tCS ?i..F, -eal'S
Professional or Technical Organization Memberships: r+r`.t, i'r CL yY1 iYl bL-r
-'i f ' _ I', L-UfrY 1C1 0)- LA) CY 1I� (} rtv b1 �_ .� b -I_1± ('.Leli u t+L Lj
Civic or Community Experience, Membership, or Previous Public Service Appointments:
0 ►c'.
Experience or Special Knowledge Pertaining to Area of Interest: 110 Sp- t C L LL Lill YC{Cl(,, I
11/_\,f a vt )41 14) ve - (I_n 1. NAo_P eA- )4T1 p LLr1L.i L I 1 12t 1f1't./
Have you ever been convicted of a felony crime? No:XYes:_ misdemeanor crime? No: Yes: _ S L Q•s{f'.M
If any convictions were expunged disclosure is not required. Convictions are not necessarily
disqualifying. Please feel free to provide an explanation or information if "Yes" was marked for the
above two questions.
S eCGY1OYJ1It'S - 1rOt ;t1i tz. Str LLrLi✓ersI 4-Li
Date: '/ /) CI? I Signature:
Please feel free to provide additional information or letters of endorsement.
Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950
Thank you for your interest in serving the City of National City.
Pursuant to the California Public Records Act, information on this form
may be released to the public upon request.
Rev. February 2020
15 of 236
CITY OF NATIONAL CI f Y
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS, AND COMMITTEES
ATTACHMENT B
_ Community & Police Relations Commission' (CPRC)
�C Library Board of Trustees
Parks. Recreation & Senior Citizens Advisory Board
_ Veterans & Military Families Advisory Committee"
Port Commission
Civil Service Committee
_ Planning Commission
_ Public Art Committee"
X Traffic Safety Committee
Advisory Housing Committee`
Applicants must be residents of the City of National City except for those marked by an asterisk i').
All applicants must be U.S. Citizens.
r Applicants for the Community and Police Relations Commission must pass a criminal background check
prior to appointment.
Applicants for the Advisory Housing Committee must have subject matter expertise in housing -related
issues.
Name. (.0/1)+e 1\1 Ud
Horne Address.
(Include City/Zip)
E-Mail. e C7/
Tel No:
Business Affiliation:
Business Address
Title
1,1 /6'/(C�),n.ru.1 '6,4
Tel. No..
Length of Residence in National City. San Diego County: California:
Educational Background
Occupational Experience:
Professional or Technical Organization Memberships
Civic or Community Experience, Membership, or Previous Public Service Appointments
Experience or Special Knowledge Pertaining to Area of Interest: /� a, i /)f �c C c/i fin
/-(th/y tcae / /iQr,i /0/.91- to //i ct- � r� �Xi Me.
Have iou ever been convicted of a felony crime? No._ Y'es._ misdemeanor ce? No. Yes
If any convictions were expunged disclosure is not required. Convictions are not necessarily
disqualifying. Please feel free to provide an explanation or information if "Yeswas marked for the
above two questions
Date. / e` /21 Signature.
Please feel free to provide additional information or letters of endorsement.
Return completed form to: Office of the City Clerk, 1243 National City Blvd.. National City. CA 91950
Thank you for your interest in serving the City of National City.
Pursuant to the California Public Records Act, information on this form Rev February 2020
matt be released to the public noon request.
_;t; ASdcdXlot
rrafik Safety per
Coyote Moon
request via email. SC
16 of 236
ATTACHMENT B
TRAFFIC SAFETY COMMITTEE
1. Coyote Moon
2. Marisa Rosales
17 of 236
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS, AND COMMITTEES
ATTACHMENT B
Community & Police Relations Commission* (CPRC)
Library Board of Trustees
_ Parks. Recreation & Senior Citizens Advisory Board
Veterans & Military Families Advisory Committee'
Port Commission
Civil Service Committee i/l7 Added X fur
rrnliic Way per
Planning Commission cuy111e Moon
Public Art Committee' reyucxt via marl NC
X Traffic Safety Committee
_ Advisory Housing Committee*
Applicants muss be residents of the City of National City except for those marked by an asterisk (').
All applicants must be U.S. Citizens.
Applicants for the Community and Police Relations Commission must pass a criminal background check
prior to appointment.
Applicants for the Advisory Housing Committee must have subject matter expertise in housing -related
issues.
Name: Co}/;) fT /\ °c n
Home Address:
(include City/Zip)
Business Affiliation:
Business Address:
E-Mail: C
Tel No:
Title:
Tel. No:
Length of Residence in National City: San Diego County' California:
Educational Background
Occupational Experience
Professional or Technical Organization Memberships:
Civic or Community Experience, Membership, or Previous Public Service Appointments
Experience or Special Knowledge Pertaining to Area of Interest: / 71-h (://- eZ /7 1—
/4r1/y ca/ l T Prrt41' / -f-O,t
Have ou ever been convicted of a felony crime? No: Yes. misdemeanor ci ne? No:_ Yes: _
If any convictions were expunged disclosure is not required Convictions are not necessarily
disqualifying. Please feel free to provide an explanation or information if "Yes" was marked for the
above two questions
Date. /IO`� 21 Signature:
r Please feel free to provide additional information or letters of endorsement.
Return completed form to. Office of the City Clerk, 1243 National City Blvd National City, CA 91950
Thank you for your interest in serving the City of National City
Pursuant to the California Public Records Act. information on this form Rev. February 2020
mail be released to th oubflc aeon request.
18 of 236
Received via email 2/ 17/2021
ATTACHMENT B
at8:29a.m.ti_
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS, AND COMMITTEES
Community & Police Relations Commission* (CPRC)
Library Board of Trustees
Parks, Recreation & Senior Citizens Advisory Board
Veterans & Military Families Advisory Committee*
Port Commission
Civil Service Committee
Planning Commission
_ Public Art Committee*
')C Traffic Safety Committee
Advisory Housing Committee"
• Applicants must be residents of the City of National City except for those marked by an asterisk (•).
All applicants must be U.S. Citizens.
• Applicants for the Community and Police Relations Commission must pass a criminal background check
prior to appointment
➢ Applicants for the Advisory Housing Committee must have subject matter expertise In housing -related
Issues.
Name: lit
E-Mail: rn cs kc,or,1c ys, - o
Home Address:1l �� i o r,..\ L ;1<y C� `� ri 5D Tel No:
(Include City/Zip)
ar e<off'eC.h V` .
Business Affiliation:Gov nk y o c �c,�{, e e a Title: < v t CAS '
'-t 3° 5 v ; v e-c s Oc Nfe. •
Business Address: .. r O t 5 n , C .� ). ( o� Tel. No.:( -
Length of Residence In National City: (7 yc s - San Diego County: Lt 3 California: ` t
Cin
Educational Background: or-s V N C,C ca.\ S•k'
Occupational Experience: k� ` t k4.� Co`, r, a-y o�
Professional or Technical Organization Memberships: Mv. 102 c -6C‘ rr,�? '1\3
2-
Civic or Community Experience, Membership, or Previous Public Service Appointments:Cc e rl I o
o v�� i < Q� i 1 \-k -T.\ �)cr w a S a v �S� o aC rg-
CEO4 �Y•�CIR��(Y 0,t2SO�+CC� C�S1�Ft \ j(S .. W �` CP sI'vnoc
Experience or Special Knowledge Pertaining to Area of Interest: As c kc. 0\4
o� fS�S �'S��ac m V a`\Ve. r�V�SC`�v.�C\o+ ACC: �ts,�S o.�a
\ r:
Have you ever been convicted of a felony crime? No:(Ys:_ misdemeanor crime? Noy Yes:
If any convictions were expunged disclosure is not required. Convictions are not necessarily
disqualifying. Please feel free to provide an explanation or information if "Yes" was marked for the
ay07 vo questions.
Date:
1l%'/Z01/ Signature:
Please feel free to provide additional information or letters of endorsement.
Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950
Thank you for your interest in serving the City of National City.
O...•.,.-.w, M I/... n.U$....-.r. 0..3.11.. o..n....I. w..# ruin..... *Jo ....... 4.1.- IL..-...
19 of 236
Attachment C
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
TITLE: Appointments to Boards, Commissions, POLICY #107
and Committees
ADOPTED: June 17,1986 AMENDED: February 2, 2021
PURPOSE
To establish a procedure to serve as a guide in making appointments to various City
Boards, Commissions, and Committees. The City currently has the following Boards,
Commissions, and Committees to which this Policy applies:
Mayor's Appointments:
1. Board of Library Trustees
2. Community and Police Relations Commission
3. Housing Advisory Committee
4. Park, Recreation and Senior Citizens Advisory Committee
5. Public Art Committee
6. Sweetwater Authority
7. Traffic Safety Committee
8. Veterans and Military Families Advisory Committee
City Council Appointments:
1. Civil Service Commission
2. Planning Commission
3. Port Commission
POLICY
Appointment Process
A. Opportunity to apply. All interested individuals shall be given an opportunity
to submit applications for vacancies on City Boards, Commissions, and
Committees. Incumbent Appointees are not automatically re -appointed but
are required to fill out an abbreviated application provided by the City Clerk,
indicating their interest in continuing to serve.
B. Unexpired terms. If an incumbent Appointee was appointed to fill an
unexpired term and the Appointee serves for less than one year in that
position. In that case, the Council may re -appoint the incumbent without
considering other applicants.
C. Vacancies. When vacancies occur, the following procedure shall be followed:
1. Schedule vacancy. When a term is expiring or expires, public notice of the
vacancy shall be made, inviting interested individuals to submit
applications for the vacancy on a form provided by the City Clerk on the
City website.
20 of 236
TITLE: Appointments to Boards and Commissions
POLICY #107
ADOPTED: June 17,1986 AMENDED: February 2, 2021
2. Unscheduled vacancy. An unscheduled vacancy shall be filled according to
Government Code Section 54974, which generally provides as follows:
Whenever an unscheduled vacancy occurs, whether due to resignation,
death, termination, or other causes, a special vacancy notice shall be posted
in the office of the City Clerk, the City website, outside City Hall on the
Bulletin Board and City social media platforms.
Not earlier than twenty (20) days before or not later than twenty (20) days
after the vacancy occurs. The City Council shall not make final appointment
for at least ten (10) working days after posting the notice in designated
locations. The notice's posting and application period shall be thirty (30)
calendar days. However, if it finds that an emergency exists, the City
Council may, fill the unscheduled vacancy immediately. According to this
section, a person appointed to fill the vacancy shall serve only on an interim
basis until the final appointment.
3. Government Code Section 40605, and National City Municipal Code Title
16, grants the Mayor, with the City Council's approvals, the authority to
make all appointments unless otherwise explicitly provided by statute. The
exceptions are:
1. Civil Service Commission
2. Port Commission
3. Planning Commission
The City Council fills vacancies on these bodies.
D. Implementation. Implementation of Council policy for appointment to
Boards, Commissions, and Committees requires the following:
1. Per Government Code Section 54972, on or before December 31 of each
year, the City Council shall prepare a list of appointments of all regular
and ongoing boards, commissions, and committees appointed by the City
Council. The City Clerk will prepare the list of all regular and ongoing
boards, commissions, and committees appointed by the Mayor or the City
Council. The list shall contain, a list of all terms that will expire during
the next calendar year, the incumbent appointee's name, the appointment
date, the terms expiration date, and the position's necessary qualifications.
It shall also include a list of all boards, commissions, and committees
whose members serve at the City Council's pleasure, and the qualifications
required for each position. This Local Appointments List shall be made
available to the public on the City website.
2. Notice. Placement of a public notice in the adjudicated newspaper the City
uses for legal noticing advertising appointivevacancies, the City website,
City Hall Bulletin Board, and City social media platforms.
21 of 236
TITLE: Appointments to Boards and Commissions
POLICY #107
ADOPTED: June 17,1986 AMENDED: February 2, 2021
3. Expiration of term. All appointees will receive a letter as their terms expire
asking if they would like to re -apply for the position;
4. Applications. Available on the City website and in the City Clerk's Office.
Submission must be before the advertised deadline for consideration for the
current appointment. All applications will be retained in the City Clerk's
Office for one-year from submitting an application to be considered for other
vacancies on Boards, Commissions, and Committees as marked on the
application. The City Clerk's Office will notify the applicant being
considered for an appointment to confirm that they are still interested in
volunteering.
5. A member may only serve on one (1) Board, Commission, or Committee at a
time. If applying for another position on a different Board, Commission, or
Committee that applicant will forfeit the prior seat, and a vacancy will occur
per policy.
6. Interviews:
a. Mayor Appointments: Interviews for Mayoral appointments will
be conducted by the Mayor outside of the public meeting and
scheduled by the Mayor's Office.
b. City Council Appointments: Interviews for the three (3) Civil
Service, Planning and Port Commissions who serve at the City
Council's pleasure and are appointed by the City Council as a
body will be interviewed in the public forum at a City Council
Meeting as described below.
7. Mayoral Appointments:
The Mayor will make the motion to appoint (naming the appointee) and
Councilmembers may second the motion. The City Clerk will then take a roll
call vote of the City Council. A majority vote of the City Council will be
required for the appointment. If, the majority of the City Council choose to
deny the proposed appointment, at which point the Mayor would propose an
alternative candidate from the current application pool, or could choose to
reopen the application period and return to City Councils with a different
applicant for consideration. If Mayor Appointment is not approved by the
majority of the City Council by confirmation, that applicant is removed from
the pool for that seat. The Mayor will return to a future meeting with a substitute
Mayoral appointment.
8. For City Council Appointments, the Interview Process is as follows:
a. The City Clerk will provide an overview of the Board,
22 of 236
TITLE: Appointments to Boards and Commissions
POLICY #107
ADOPTED: June 17,1986 AMENDED: February 2, 2021
Commission and Committee (s) with current vacancy, the Mayor
will introduce the applicant and the two (2) questions will be
asked of each applicant on behalf of the City Council.
b. Each applicant is given two (2) minutes to make a brief
introduction of themselves and their qualifications to the City
Council.
c. Mayor and City Councilmembers will ask questions of each
applicant. All applicants must be asked the same questions.
d. Total time per applicant is five (5) timed minutes with a few
minutes for clarification. No more than ten (10) minutes total
per applicant.
e. All appointments and interviews before the City Council will be
scheduled as needed to fill unexpected vacancies, with every
effort to be made before an individual's term expires. Interviews
may take place at one meeting, with appointments made at a
subsequent meeting.
9. Vacancies for City Council Appointed Positions. If the vacancy is for a
Council appointed position, and there is more than one (1) applicant for a
given position, the voting process will proceed as follows: Once the
interviews are complete, each Councilmember votes for their choice via a
written ballot provided by the City Clerk. Each Councilmember shall print
and sign their name on the ballot. All ballots shall be considered a public
record and open to inspection by the public. The ballots are passed to the City
Clerk who announces the number of votes for each candidate.
If, the appointment process is conducted via a virtual meeting the process
is the same except the ballot/vote process. The City Clerk's Office will
provide a Vote Sheet (a piece of paper electronically) with each applicants
name to be considered. The Mayor will count to three (3) and the Council
will hold their vote sheet up in front of their face to make sure it is captured
on the camera during live virtual meeting. The City Clerk will tally the
votes and will then confirm the votes with a verbal roll call. The applicant
with the most votes is appointed.
If meeting is held "in person" no changes to current process will be made for votes.
In the event of a tie, each Councilmember votes again until one (1) candidate has the
majority vote, and is declared to be the newly appointed.
10. Re -appointment beyond two terms. Anyone wishing to be re -appointed to any
Board, Commission, or Committee, and has served two or more full terms already,
23 of 236
TITLE: Appointments to Boards and Commissions
POLICY #107
ADOPTED: June 17,1986 AMENDED: February 2, 2021
must be approved by a four -fifths vote of the Council., If all five members of the
Council are not present or if one member abstains or recuses their vote, the four -
fifths requirement would be changed to require only a simple majority.
11. Report to Council:
All applications received for vacancies no matter Mayoral Appointment or City
Council Appointment will be attached to the staff report to Council. All
applications will have private personal information redacted (name, street
numbers and name of street address, and phone number). This redacted
information is in alignment with law, Under Government Code Section 6255(a)
personal contact information is exempt, and has been withheld on some
documents. Personal information being withheld is in the interest of the
applicant and their right to privacy which outweighs the public interest of
disclosure.
12. An automatic vacancy upon becoming a Non -Resident. An unscheduled
vacancy automatically occurs when a resident holding an appointment position
on a City Board, Committee or Commission becomes a non-resident by moving
out of National City limits. When an unscheduled vacancy occurs due to a
resident becoming a non-resident, the unscheduled vacancy may be filled as
follows:
a. A special vacancy notice shall be posted in the Office of the City
Clerk and the National City Library, and in other places as directed
by the City Council, not earlier than 20 days before or not later than
20 days after the vacancy occurs. Final Appointment at a City
Council Meeting, shall not be made by the Appointing Authority
for at least 10 working days after the posting of the notice in the
City Clerk's Office.
b. The Appointing Authority may appoint the former resident to a
Non- Residential position if a Non -Residential position is vacant.
However, the Appointing Authority may, if it finds that an emergency exist, fill
the unscheduled vacancy immediately. A person appointed to fill the vacancy
shall serve only on an acting basis until the final appointment is made pursuant
to this section.
13. Only City Residents may be elected to Chair, and Vice -Chair positions. To be
eligible to be elected as the Chairperson of a City Board, Committee or
Commission, the member must be a resident of the City.
Appointing Authority
Related Policy References
Government Code Section 40605
Government Code section 54970, et seq.
National City Municipal Code Title 16 (pending)
Prior Policy Amendments: May 19, 2020
24 of 236
ATTACHMENT D
BOARDS/COMMISSION/COMMITTEES
BOARDS, COMMISSION AND
COMMITTEES (11)
TOTAL MEMBERS
(51+)
BOARD OF
LIBRARY TRUSTEE
(5 Members)
CIVIL SERVICE
COMMISSION
(5 Members)
COMMUNITY
AND POLICE
RELATIONS
COMMISSION
(8 Members)
PARK,
RECREATION
AND SENIOR
CITIZENS'
ADVISORY
COMMITTEE
(7 Members)
PLANNING
COMMISSION
and HOUSING
ADVISORY
COMMITTEE
(7 Members)
2 Ex Officio
PORT
COMMISSION
(1 Member)
PUBLIC ART
COMMITTEE
(5 Members)
SWEETWATER
AUTHORITY
(1 Member)
TRAFFIC
SAFETY
COMMITTEE
(5 Members)
VETERAN'S
AND
MILITARY
FAMILIES
ADVISORY
COMMITTEE
(7 Members)
TERM
3 Years
5 Years
3 Years
3 Years
4 Years
3 Years
3 Years
1 Year
3 Years
4 Years
RESIDENCY REQUIREMENT
Yes
Yes
5 Resident
up to 2 Non-
Resident
(1) Non -Voting
Member
Yes
Yes
Yes
No
n/a
Yes
5 Resident
up to 2 Non-
Resident
VOTER REQUIREMENT
No
No
No
No
No
No
No
No
No
No
MAYORAL APPOINTMENT SUBJECT TO
CONFIRMATION BY THE CITY COUNCIL
X
X
X
Compensation set
by Council
Resolution
X
X
X
X
CITY COUNCIL AS A BODY APPOINTMENT
X
X
X
COMPENSATION
No
No
No
No
No
No
No
No
No
No
FORM 700 FILING REQUIREMENT
Yes
Yes
Yes
No
Yes
n/a
No
n/a
No
No
MEETINGS
1 X per month
1X every other
month
1X every 3
months
1X every 2
months
2X per month
n/a
1X per
quarter
n/a
1X per month
1X per
quarter
REQUIRED TO REPORT TO COUNCIL
ANNUALLY
Yes, on or before
August 31st and to
the State Librarian
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
OTHER
Can not be
salaried
employee or
holds office of
the City
CITY COUNCIL POLICY #107 and NCMC TITLE 16
**Effective February 2, 2020 all Chair and Vice -Chairs are required to be NC Residents
25 of 236
ATTACHMENT E
UPDATED 02/23/2021
COMMITTEE/COMMISSION/BOARD ATTENDANCE - 2021
CIVIL SERVICE COMMISSION (5 Members)
Member
Position
Residency Requirement
Appointed
Term Expires
1/13/2021
Paul Wapnowski
Chair
Yes
11/20/2018
9/30/2023
Present
Rafael Courtney
Vice -Chair
Yes
1/19/2010
9/30/2025
Present
Leslie Coyote
Commissioner
Yes
10/18/2011
9/30/2024
Absent
Fred Puhn
Commissioner
Yes
9/10/2012
9/30/2022
Present
Lissette Rico Miramontes
Commissioner
Yes
1/19/2021
9/30/2024
Vacant
COMMUNITY & POLICE RELATIONS COMMITTEE (8 Members)
Member
Position
Residency Requirement
Appointed
Term Expires
2/18/2021
Michael Lesley
Chair
Yes
10/30/2018
3/31/2023
Present
Marianne Delatorre
Vice Chair
Yes
5/21/2019
3/31/2021
Present
Zachary Francisco -Gomez
Committee Member
Yes
7/3/2018
3/31/2022
Present
Candy Morales
Committee Member
No
11/20/2018
3/31/2021
Absent
Daniel Orth
Committee Member
Yes
5/7/2019
3/31/2022
Present
Diana Plazola
Committee Member
Yes
2/17/2015
3/31/2021
Present
Christine Stein
Committee Member
Yes
1/21/2020
3/31/2023
Absent
Daniel Long
POA Representative
n/a
n/a
n/a
Present
LIBRARY BOARD OF TRUSTEES (5 Members)
Member
Position
Residency Requirement
Appointed
Term Expires
1/6/2021
2/3/2021
Sherry Gogue
President
Yes
12/4/2018
9/30/2022
Present
Present
H. Bradley Bang
Vice -President
Yes
5/7/2019
9/30/2021
Present
Present
Raymond Juarez
Member -Trustee
Yes
4/5/2016
9/30/2023
Present
Present
Margaret Godshalk
Member -Trustee
Yes
6/19/2018
9/30/2023
Present
Present
Cheryl Howrey-Colmenero
Member -Trustee
Yes
5/7/2019
9/30/2021
Vacant
Vacant
Coyote Moon (Alternate)
Member -Trustee
Yes
12/17/2019
9/30/2021
Absent
Present
VACANCY (Cheryl Howrey Seat)
Member -Trustee
Yes
9/30/2021
Vacant
Vacant
PARK, RECREATION & SENIOR CITIZENS ADVISORY COMMITTEE (7 Members)
Member
Position
Residency Requirement
Appointed
Term Expires
1/21/2021
2/18/2021
Nora McMains
Chair
Yes
9/5/2006
9/30/2022
Cancelled
Cancelled
Yvonne Cordoba
Committee Member
Yes
9/21/2004
9/30/2023
Cancelled
Cancelled
Florfina Arce
Committee Member
Yes
9/20/2016
9/30/2021
Cancelled
Cancelled
Joseph Crawford
Committee Member
Yes
12/17/2019
9/30/2022
Cancelled
Cancelled
Mike Richards
Committee Member
Yes
2/16/2021
9/30/2021
Cancelled
Cancelled
Ignacio Navarro Jr.
Committee Member
Yes
2/16/2021
1/1/2023
Cancelled
Cancelled
Liliana Armenta
Committee Member
Yes
2/16/2021
1/1/2023
Cancelled
Cancelled
PLANNING COMMISSION (7 Members)
Member
Position
Residency Requirement
Appointed
Term Expires
1/4/2021
1/18/2021
2/1/2021
2/15/2021
Dolores Flores
Chair
Yes
6/5/2001
3/31/2021
Cancelled
Cancelled
Cancelled
Cancelled
Damian Alexander Roman
Commissioner
Yes
1/19/2021
3/31/2022
Cancelled
Cancelled
Cancelled
Cancelled
Maria DeLa Paz
Commissioner
Yes
4/2/2002
3/31/2022
Cancelled
Cancelled
Cancelled
Cancelled
Luis Natividad
Commissioner
Yes
5/7/2019
3/31/2023
Cancelled
Cancelled
Cancelled
Cancelled
Ricardo Sanchez
Commissioner
Yes
7/5/2020
9/30/2024
Cancelled
Cancelled
Cancelled
Cancelled
William J. Sendt
Commissioner
Yes
4/5/2016
3/31/2024
Cancelled
Cancelled
Cancelled
Cancelled
Ditas Yamane
Commissioner
Yes
3/3/2015
3/31/2023
Cancelled
Cancelled
Cancelled
Cancelled
Lorna De La Santos
Ex Officio Housing
Yes
12/15/2020
3/31/2022
Cancelled
Cancelled
Cancelled
Cancelled
IDenisse Newell
Ex Officio Housing
Yes
12/17/2019
3/31/2023
Cancelled
Cancelled
Cancelled
Cancelled
26 of 236
ATTACHMENT E
PORT COMMISSION (1 Member)
Member
Position
Residency Requirement
Appointed
Term Expires
Sandy Naranjo
Port Commissioner
Yes
12/2/2020
PUBLIC ART COMMITTEE (5 Members)
Member
Position
Residency Requirement
Appointed
Term Expires
1/26/2021
William A. Virchis
Chair
No
7/20/2004
9/30/2022
Present
Jose "Pepe" Gonzales
Committee Member
No
2/16/2021
9/30/2021
Vacant
Nadia Nunez
Committee Member
No
2/20/2018
9/30/2023
Present
Jacqueline Schliapnik
Committee Member
No
10/20/2020
9/30/2022
Present
Charles Reilly
Committee Member
No
5/2/2020
9/30/2021
Present
Jose A. Lopez (Alternate)
Committee Member
No
2/16/2021
9/30/2022
Vacant
SWEETWATER AUTHORITY (1 Member)
Member
Position
Residency Requirement
Appointed
Term Expires
Mona Rios
Commissioner
n/a
1/19/2020
12/31/2022
TRAFFIC SAFETY COMMITTEE (5 Members)
Member
Position
Residency Requirement
Appointed
Term Expires
1/13/2021
2/10/2021
Ryan Whipple
Chair
Yes
5/6/2014
9/30/2023
Cancelled
Present
VACANCY
Vice -Chair
Yes
9/30/2021
Cancelled
Vacant
Javier Alvarado
Committee Member
Yes
12/4/2018
9/30/2021
Cancelled
Present
Christopher Coyote
Committee Member
Yes
3/1/2011
9/30/2022
Cancelled
Present
Coyote Moon (Resigned 1/19/2021)
Committee Member
Yes
3/21/2017
9/30/2021
Cancelled
Vacant
Zachariah Trujillo
Committee Member
Yes
9/1/2020
9/30/2022
Cancelled
Absent
VETERANS & MILITARY FAMILIES ADVISORY COMMITTEE (7 Members)
Member
Position
Residency Requirement
Appointed
Term Expires
1/28/2021
Shirely Ferri!!
Chair
Yes
10/6/2020
9/30/2023
Present
Jesse Aguilar -Perez
Yes
10/6/2020
9/30/2024
Present
Cheryl A. Owolabi
Committee Member
Yes
2/16/2021
9/30/2022
Vacant
Maria Elena Hernandez
Committee Member
Yes
10/20/2020
9/30/2024
Present
Jhoana Alvarado
Committee Member
Yes
10/6/2020
9/30/2021
Present
Lateef Compton
Committee Member
No
10/6/2020
9/30/2022
Absent
Armando Telles
Committee Member
No
10/6/2020
9/30/2023
Present
HOUSING ADVISORY COMMITTEE (9 Members consisting of the Planning Commissioners and 2 Committee Members)
Member
Position
Residency Requirement
Appointed
Term Expires
1/26/2021
Denisse Newell
Member
Yes
12/17/2019
3/31/2023
Cancelled
Lorna A. Delos Santos
Member
Yes
12/15/2020
3/31/2022
Cancelled
Dolores Flores
Commissioner/Member
Yes
6/5/2001
3/31/2021
Cancelled
Damian Alexander Roman
Commissioner/Member
Yes
1/19/2021
3/31/2022
Cancelled
Maria DeLa Paz
Chair
Yes
4/2/2002
3/31/2022
Cancelled
Luis Natividad
Commissioner/Member
Yes
5/7/2019
3/31/2023
Cancelled
Ricardo Sanchez
Vice Chair
Yes
7/5/2020
9/30/2024
Cancelled
William J. Sendt
Commissioner/Member
Yes
4/5/2016
3/31/2024
Cancelled
Ditas Yamane
Commissioner/Member
Yes
3/3/2015
3/31/2023
Cancelled
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The following page(s) contain the backup material for Agenda Item: Motion of the City
Council of the City of National City approving the waiving of the reading of the text of the
Ordinances or Resolutions that are having a Public Hearing considered at this meeting and
providing that such Ordinances or Resolutions shall be introduced and/or adopted after a
reading of the title only. (City Clerk)
Please scroll down to view the backup material.
28 of 236
Item #
03/02/21
MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY APPROVING THE WAIVING OF THE READING OF THE
TEXT OF THE ORDINANCES OR RESOLUTIONS THAT ARE
HAVING A PUBLIC HEARING CONSIDERED AT THIS MEETING
AND PROVIDING THAT SUCH ORDINANCES OR RESOLUTIONS
SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING
OF THE TITLE ONLY.
(City Clerk)
29 of 236
The following page(s) contain the backup material for Agenda Item: Approval of Meeting
Minutes: City Council and Community Development Commission - Housing Authority of
the City Of National City: Virtual Regular Meeting: January 19, 2021 City Council of the
City Of National City: Virtual Special Meeting January 19, 2021 Virtual Special Meeting
January 26, 2021 Joint Special Meeting of the City Council and Community Development
Commission and Housing Advisory Committee: Virtual Special Joint Meeting January 26,
2021. (City Clerk)
Please scroll down to view the backup material.
30 of 236
Item #
03-02-2021
APPROVAL OF MEETING MINUTES
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF
NATIONAL CITY:
Virtual Regular Meeting: January 19, 2021
CITY COUNCIL OF THE CITY OF NATIONAL CITY:
Virtual Special Meeting January 19, 2021
Virtual Special Meeting January 26, 2021
JOINT SPECIAL MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND
HOUSING ADVISORY COMMITTEE:
Virtual Special Joint Meeting January 26, 2021
(City Clerk)
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CALIFORNIA
NATIONAL CITY
133
picpg oaATED
MINUTES OF THE VIRTUAL REGULAR MEETING OF THE
CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION —
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY
January 19, 2021
This meeting was conducted utilizing teleconferencing and electronic means consistent with
State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19
pandemic.
The City Council minutes are prepared and ordered to correspond to the City Council Agenda.
Agenda Items can be taken out of order during the meeting. The Agenda Items were considered
in the order presented.
A. CITY COUNCIL
CALL TO ORDER
The meeting was called to order at 6:05 p.m. by Mayor Sotelo-Solis.
ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis
Councilmembers absent: None
Other Elected Officials present: Beauchamp, Molina
Administrative Officials present: Raulston, Winney, Bell, Chapel, Parra, Williams, Davies,
Meteau, Denham, Duong, Vergara, Olson, Aguirre, Yano, Tellez
PLEDGE OF ALLEGIANCE TO THE FLAG
Vice -Mayor Rodriguez led the Pledge of Allegiance.
PUBLIC COMMENTS
Six (6) public comments received: David Ozua (animals' nuisance), David Ozua (zoning
violation), Joan Rincon (social media concern), Kelly McCormick (DUI awareness), Rebecca
Rapp (marijuana opposition), and Ted Godshalk (housing issues).
Read into the record by City Clerk Molina and Deputy City Clerk Chapel.
PROCLAMATIONS AND CERTIFICATES
1. National City Recognizes January 30 as Fred Korematsu Day.
Mayor Sotelo-Solis presented the recognition in honor of Fred Korematsu. Accepting the
proclamation were Gary Himaka, Representative of the Japanese American Historical Society of
San Diego, and Jack Shu, Councilmember for City of La Mesa.
32 of 236
Public comments: Erin Tsurumoto Grassi (in support), and Ian M. Seruelo (in support). Read by
City Clerk Molina.
2. National City Recognizes Human Trafficking Awareness Month.
Mayor Sotelo-Solis presented the recognition.
AWARDS AND RECOGNITIONS
3. Employee of the Quarter 2020
Fire Chief Parra presented the award. Fire Engineer Brian Viora accepted the recognition with
his family in attendance.
PRESENTATIONS
None
INTERVIEWS / APPOINTMENTS
4. Interviews and Appointments: City Boards, Commissions and Committees.
City Clerk Molina outlined the procedures for City Council appointments and Mayoral
appointments.
Civil Service Commission: One (1) vacancy for term expiring September 30, 2024. The City
Council conducted public interviews of two applicants: Jill Milligan and Lissette Rico
Miramontes.
Public Comments: None
ACTION: Motion by Councilmember Rios to appoint Miramontes, seconded by Councilmember
Bush. Motion withdrawn by Councilmember Rios for clarification.
Motion restated by Councilmember Rios to proceed with ballot vote, seconded by Vice -Mayor
Rodriguez. Seconder of the first motion, Councilmember Bush, accepted the restated motion.
Ballots were provided by Deputy City Clerk Chapel. Councilmembers cast their vote virtually by
holding up the name of the applicant who received their vote.
Votes cast for Lissette Rico Miramontes - unanimously
Lissette Rico Miramontes was appointed to the Civil Service Commission by unanimous vote.
Planning Commission: One (1) vacancy for term expiring March 31, 2021.
The City Council conducted public interviews of six (6) applicants: Jose `Pepe' Gonzalez,
William Phillips Sr., Damian Alexander Roman, Jill Milligan, and Claudia E. Valenzuela.
Mayor Sotelo-Solis called a recess of the meeting at 8:16 p.m. The meeting reconvened at 8:21
p.m. with all Councilmembers present.
The City Council continued with public interviews: Mike Richards.
33 of 236
Public Comments: None
ACTION: Motion by Councilmember Morrison to extend the appointment term from 03/31/2021
to March 31. 2022, and to proceed with ballot vote, seconded by Councilmember Bush.
Ballots were provided by Deputy City Clerk Chapel. Councilmembers cast their vote virtually by
holding up the name of the applicant who received their vote.
Councilmember Bush voted for Roman.
Councilmember Morrison voted for Valenzuela.
Councilmember Rios voted for Richards.
Vice -Mayor Rodriguez voted for Roman.
Mayor Sotelo-Solis voted for Roman.
Damian Alexander Roman was appointed to the Planning Commission by majority vote, 3-2.
Sweetwater Authority Board: One (1) vacancy for term expiring December 31, 2021. Mayor
Sotelo-Solis appointed Councilmember Rios to fulfill the remainder of the term expiring
December 31, 2021.
ACTION: Motion by Mayor Sotelo-Solis to affirm the appointment, seconded by Councilmember
Bush. Motion carried unanimously.
The appointments for Parks, Recreation, & Senior Citizens Advisory Board, Public Art
Committee, and Veterans & Military Families Advisory Committee were postponed for a future
meeting.
REGIONAL BOARDS AND COMMITTEE REPORTS
Councilmember Rios reported on the operations by the Sweetwater Authority Board and the
San Diego County Water Authority that benefit consumers.
Commissioner Sandy Naranjo reported on the Board of Port Commissioners including the
commitment to an equitable share of resources for National City.
Councilmember Morrison reported on the Regional Solid Waste Association's discussions on
SB-1383 concerning the disposal of organics, infrastructure, and communication to consumers.
Councilmember Bush reported on the activities of the Bayshore Bikeway Working Group, and
the South County Economic Development Council.
Vice -Mayor Rodriguez reported on the Revenue & Taxation Committee with the League of
California Cities and the funds available to cities.
Mayor Sotelo-Solis reported on the Subcommittee for Litter Abatement and solutions for clean-
up efforts. Also, provided an update on San Diego Association of Governments (SANDAG) and
Metropolitan Transit System Board (MTS).
CONSENT CALENDAR
Vice -Mayor Rodriguez pulled Item 6 from the Consent Calendar for clarification.
34 of 236
Public Comments: None
ACTION: Motion by Councilmember Bush, seconded by Councilmember Rios, to approve the
Consent Calendar Items 5, and 7 through 13. Motion carried by unanimous vote.
5. Motion of the City Council of the City of National City approving the waiving of the
reading of the text of the Ordinances or Resolutions that are having a Public Hearing
considered at this meeting and providing that such Ordinances or Resolutions shall be
introduced and/or adopted after a reading of the title only.
7. Ratified Warrant Register #18 for Period of 10/28/20 through 11/03/20 in the amount of
$3,505,352.52.
8. Ratified Warrant Register #19 for Period of 11/04/20 through 11/10/20 in the amount of
$604,944.42.
9. Ratified Warrant Register #20 for Period of 11/11/20 through 11/17/20 in the amount of
$1,552,018.51.
10. Ratified Warrant Register #21 for Period of 11/18/20 through 11/24/20 in the amount of
$1,332,865.94.
11. Ratified Warrant Register #22 for Period of 11/25/20 through 12/01/20 in the amount of
$3,995,994.06.
12. Ratified Warrant Register #23 for Period of 12/02/20 through 12/08/20 in the amount of
$1,187,551.44.
13. Ratified Warrant Register #24 for Period of 12/09/20 through 12/15/20 in the amount of
$2,602,261.14.
ITEM PULLED FROM CONSENT CALENDAR
6. Annual Review of the City Council Policy Manual and Update of Regional Boards and
Committee Appointments.
Vice -Mayor Rodriguez asked questions of Staff regarding the footnotes for Item 6. Staff
provided clarification for Council.
Public Comments: None
ACTION: Motion by Vice -Mayor Rodriguez to approve Item 6, seconded by Mayor Sotelo-Solis.
Motion carried by unanimous vote.
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
14. Discussion, Public Hearing, and Second Reading of an Ordinance of the City Council of
the City of National City Establishing the compensation of the Mayor and City Council.
Mayor Sotelo-Solis opened the Public Hearing at 9:18 p.m.
35 of 236
Mayor Sotelo-Solis read the title of the resolution into the record.
City Attorney Bell provided the report. City Councilmembers discussed the item.
Public Comments: Moon (in support of a fair increase), Seth Clark (in support of a fair increase).
Read into the record by City Clerk Molina.
ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush, to close the
Public Hearing at 9:21 p.m. Motion carried by unanimous vote.
ACTION: Motion by Councilmember Bush in favor of a 5% salary increase for Mayor and
Councilmembers. Motion failed due to a lack of a second.
ACTION: Motion by Councilmember Rios to bifurcate the recommendation to support an 5%
increase for Councilmembers' salaries only and zero increase for the Mayor's salary, seconded
by Mayor Sotelo-Solis.
Councilmember Morrison made a substitute motion to forgo all raises for this cycle, seconded
by Vice -Mayor Rodriguez. Motion carried 3-2, with Councilmember Bush and Councilmember
Rios voting No. Ordinance not adopted.
Ayes: Morrison, Rodriguez, Sotelo-Solis
Noes: Bush, Rios
NON CONSENT RESOLUTIONS
15. Adopt Resolution No. 2020-01. Resolution of the City Council of the City of National City
Authorizing the Amendment of City Council Policy No. 802, "City Support for Special
Events, Activities, Programs And Services," Adding Events to the Sponsored and Co -
Sponsored List.
Mayor Sotelo-Solis read the title of the resolution into the record.
Staff Report provided by City Manager Raulston, Armando Vergara, Director of Community
Development, and Joe Olson, Manager, Neighborhood Services Division.
Public Comments: None
ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush, to adopt the
Resolution. Motion carried 3-2 with Councilmember Morrison and Vice -Mayor Rodriguez voting
No.
Ayes: Bush, Rios, Sotelo-Solis
Noes: Morrison, Rodriguez
NEW BUSINESS
There were no items.
B. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY
No agenda items.
36 of 236
C. REPORTS
STAFF REPORTS
16. Fiscal Year 2020 4th Quarter General Fund Budget Review.
City Manager Raulston gave the report and presentation.
Received and Filed.
17. Progress Report on the City's 2020-2025 Strategic Plan.
City Manager Raulston shared the report and presentation.
Public Comments: Joan Rincon (literacy program). Read by City Clerk Molina.
Received and Filed.
Mayor Sotelo-Solis recognized the time of 10:18 p.m. City Council Policy #104: Rules of
Procedure and Order for City Council Meetings, requires a vote of the City Council to continue
the meeting past 10:30 p.m. to complete as presented. Motion by Councilmember Rios,
seconded by Vice -Mayor Rodriguez to continue to hear the remaining agenda items. Motion
carried 4-1, with Councilmember Morrison voting No.
Ayes: Bush, Rios, Rodriguez, Sotelo-Solis
Noes: Morrison
18. Housing Report.
Carlos Aguirre, Director of Housing Authority, gave the report.
Received and Filed.
19. Public Safety Report.
City Manager Raulston and Chief Tellez reported on Public Safety..
Received and Filed.
20. City Manager Report.
City Manager Raulston acknowledged the accomplishments of 2020 and expressed optimism
for 2021. He provided an update on availability of the COVID-19 vaccine.
Received and Filed.
MAYOR AND CITY COUNCIL
Mayor Sotelo-Solis wished Councilmember Rios a happy birthday.
Councilmember Bush wished Councilmember Rios a happy birthday. Expressed the need for
discussion at the next meeting regarding the interview and appointment process for boards,
committees, and commissions.
37 of 236
ACTION: Motion by Councilmember Bush, seconded by Councilmember Morrison, to bring back
an Item regarding the Boards/Commission/Committee interview and appointment process for
Council discussion. Motion carried by unanimous vote.
City Treasurer Beauchamp gave a report on the budget status and wished Councilmember Rios
a happy birthday.
Councilmember Morrison discussed the topic of litter clean-up and trash collection.
Councilmember Rios discussed vaccine pods, committee appointments, and unlawful COVID-
19 testing sites.
Vice -Mayor Rodriguez wished Councilmember Rios a happy birthday. He is grateful for the
peaceful transfer of power at the national level and denounced the insurrection of the national
Capital.
Mayor Sotelo-Solis shared a public safety message for Inauguration Day. She announced the
upcoming distribution of COVID-19 safety kits and hams. She announced the upcoming State of
the City Address which will be occurring via teleconference.
City Clerk Molina thanked the Council for the interest in formalizing the appointment process
and welcomes the discussion.
CLOSED SESSION
CLOSED SESSION REPORT
City Attorney Bell stated
Pursuant to California Government Code 54957.1, by a unanimous vote, direction was given by
the City Council in the legal action titled Tammy Davis v. City of National City. The case
involves a Section 1983 Civil Rights Act claim arising from an in custody death.
ADJOURNMENT
Mayor Sotelo-Solis adjourned the meeting to the next Regular Meeting of the City Council and
Community Development Commission of the City of National City to be held Tuesday, February
2, 2021 at 6:00 PM via teleconference.
The meeting adjourned at 11:02 p.m.
City Clerk
The foregoing minutes were approved at the Regular Meeting of March 2, 2021.
Mayor
38 of 236
�\ 1 //.
M CALIFORNIA
NATION (ATV
13Jf
INCORPORATED
MINUTES OF THE VIRTUAL SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY
January 19, 2021
This meeting was conducted utilizing teleconferencing and electronic means consistent with
State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19
pandemic.
OPEN SESSION
CALL TO ORDER
The meeting was called to order at 5:04 p.m. by Mayor Sotelo-Solis.
ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis
Administrative Officials present: Raulston, Winney, Bell,
PUBLIC COMMENTS
No public comments were received.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION:
Existing Litigation under Government Code Section 54956.9(d)(1)
Tammy Davis v. City of National City, et al.
Case No. 19-CV-534-BEN-BGS
CLOSED SESSION REPORT AT END OF REGULAR MEETING
City Attorney Bell stated: Pursuant to California Government Code 54957.1, by a unanimous
vote, direction was given by the City Council in the legal action titled Tammy Davis v. City of
National City. The case involves a Section 1983 Civil Rights Act claim arising from an in
custody death.
ADJOURNMENT
Mayor Sotelo-Solis adjourned the meeting to the next Regular City Council Meeting: Tuesday,
January 19, 2021, at 6:00 p.m., City Council Chambers, Civic Center — National City, California,
via Zoom
The meeting adjourned at 5:56 p.m.
Luz Molina, City Clerk
The foregoing minutes were approved at the Regular Meeting of March 2, 2021.
Mayor Sotelo-Solis
39 of 236
CALIFORNIA
NATIONAL CITY
INCORPORATED -.
MINUTES OF THE VIRTUAL SPECIAL JOINT MEETING —
NATIONAL CITY CITY COUNCIL, COMMUNITY DEVELOPMENT COMMISSION, AND THE
HOUSING ADVISORY COMMITTEE OF THE CITY OF NATIONAL CITY
January 26, 2021
This meeting was conducted utilizing teleconferencing and electronic means consistent with
State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19
pandemic.
CALL TO ORDER
The meeting was called to order at 6:05 p.m. by Mayor Sotelo-Solis.
ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Rodriguez, and Sotelo-Solis
Councilmembers absent: None
Commissioners present: De La Paz, Sanchez, Sendt, Flores, Yamane, Natividad, Newell, De
Los Santos, Roman
Commissioners absent: None
Other Elected Officials present: Molina
Administrative Officials present: Raulston, Winney, Aguirre, Vergara, Reeder, Chapel, Hussain,
and Gilman.
Spanish Translator: Carlos Diaz de Leon
PLEDGE OF ALLEGIANCE TO THE FLAG
Housing Advisory Committee Vice -Chair Sanchez led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS None.
JOINT MEETING AGENDA ITEMS
Mayor Sotelo-Solis introduced City Manager Raulston who provided an introduction of Director
of Housing Aguirre, Director of Community Development Vergara, and Principal Planner
Reeder.
City Manager Raulston gave a background on the two overlapping planning efforts known as
the Transit -Oriented Development Overlay (TODO) and the Focused General Plan Update
(FGPU).
City Manager Raulston announced that the meeting is also simulcast in Spanish for the
Spanish-speaking audience.
1. Transit -Oriented Development Overlay (TODO) Workshop #4
a. Project overview
b. Land Use Recommendations
c. Mobility Recommendations
d. Next steps
Director of Housing Aguirre introduced the consultant team consisting of Monique Chen, PE.
Principal, and Andrew Prescott, Transportation Planner at Chen Ryan Associates, and Diego
Velasco, President of Citythinkers.
40 of 236
Principal Planner Reeder provided the TODO project overview. He addressed the correlation to
the Westside Specific Plan, and the public outreach plan to inform the public and gather input.
The consultant team provided the TODO presentation which included land use and mobility
recommendations.
Housing Advisory Committee members asked questions and received responses from staff and
presenters.
PUBLIC COMMENTS:
Ten (10) public comments received: Alicia Sanchez, Angelica Ramirez, Carmen Gaxiola,
Francisco Hernandez, Margarita Moreno commented on the need for affordable housing on the
Westside, the ongoing concern of housing near industry shops, and related health concerns;
Diane Takvorian (environmental concerns and public outreach); Danny Serrano (the need for
more public outreach); James Halliday (public art); Silvia Calzada (zoning and affordability); Ted
Godshalk (in opposition). Read into the record by City Clerk Molina.
City Councilmembers provided input, asked questions, and received responses from staff and
presenters.
2. Review and discussion of the draft 6th Cycle Housing Element (2021-2029)
a. Focused General Plan Update overview
b. Housing Element overview
c. Land Use Element overview
d. Parking Policy
e. Next steps
Mayor Sotelo-Solis introduced Director of Housing Aguirre who introduced Project Manager
Tara Lake who provided the FGPU presentation.
City Manager Raulston gave a summary and the next steps for the two overlapping planning
efforts discussed.
Housing Advisory Committee Members had no questions on this item.
PUBLIC COMMENT:
One (1) public comment received: Tom Lemmon (Park Apartments). Read into the record by
City Clerk Molina.
City Councilmembers provided input, asked questions, and received responses from staff and
presenters.
ADJOURNMENT
Mayor Sotelo-Solis adjourned the meeting at 8:53 p.m.
City Clerk
The foregoing minutes were approved at the Regular Meeting of March 2, 2021.
Mayor
41 of 236
4r- CALIFORNIA
NATIONAL CI
INCORPORATES
MINUTES OF THE VIRTURAL SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF NATIONAL CITY
January 26, 2021
This meeting was conducted utilizing teleconferencing and electronic means consistent with
State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19
pandemic.
CALL TO ORDER
The meeting was called to order at 8:54 p.m. p.m. by Mayor Sotelo-Solis.
ROLL CALL
Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis
Other Elected Officials present: Molina
Administrative Officials present: Raulston, Winney, Bell, Gillman, Chapel, Bell, Parra, Williams,
Hussain.
PUBLIC COMMENTS
No public comments were received.
NON CONSENT RESOLUTIONS
1. Adopt Resolution No. 2021-02. Resolution of the City Council of the City of National City
approving an Agreement with the County of San Diego for the administration of COVID-19
vaccinations via Mobile Service Units.
Assistant City Manager Winney gave the report.
ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to adopt
Resolution. Motion carried by unanimous vote.
ADJOURNMENT
Motion by Councilmember Morrison, seconded by Councilmember Rios, to adjourn the meeting.
Motion carried by unanimous vote.
Mayor Sotelo-Solis adjourned the meeting to the next Regular Meeting of the City Council and
Community Development Commission of the City of National City to be held Tuesday, February
2, 2021 at 6:00 PM via teleconference.
The meeting adjourned at 9:10 p.m.
City Clerk
The foregoing minutes were approved at the Regular Meeting of March 2, 2021.
Mayor
42 of 236
The following page(s) contain the backup material for Agenda Item: Warrant Register #30
for the period of 1/20/21 through 1/26/21 in the amount of $2,266,130.76. (Finance)
Please scroll down to view the backup material.
43 of 236
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 02, 2021
AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #30 for the period of 1/20/21 through 1/26/21 in the amount of $2,266,130.76.
(Finance)
PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance
PHONE: 619-336-4572
APPROVED BY:
EXPLANATION:
Per Government Section Code 37208, below are the payments issued for period 1/20/21 - 1/26/21.
Consistent with Department of Finance's practice, listed below are all payments above $50,000.
Vendor
Basile Construction Inc
City of San Diego
South Bay Community Services
Check/Wire
350977
350982
351032
Amount
646,543.95
102,938.99
97,504.62
Explanation
CIP 19-43 P1 Sewer Upsize — ENG
Qtrly Billing for Fire Dispatch Svcs
Home Agreement / Housing Dept
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $2,266,130.76.
ENVIRONMENTAL REVIEW:
APPROVED:
APPROVED:
4.2
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION
FINAL ADOPTION
FINANCE
MIS
STAFF RECOMMENDATION:
Ratify warrants totaling $2,266,130.76.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 30
44 OT 236
CALIFORNIA*
PAYEE
ACME SAFETY & SUPPLY CORP
ADVANCED AUTO BODY GROUP
ALDEMCO
ALL FRESH PRODUCTS
AMAZON
APWA
AT&T
AT&T
BAKER ELECTRIC INC
BASILE CONSTRUCTION INC
BENNETT BOWEN & LIGHTHOUSE INC
BOOT WORLD
BRINK'S INCORPORATED
CDWG
CITY OF SAN DIEGO
COUNTY OF SAN DIEGO
COX COMMUNICATIONS
CSA SAN DIEGO COUNTY
CUMMINS-ALLISON CORP
DALEY & HEFT LLP
DALEY & HEFT LLP
DALEY & HEFT LLP
DALEY & HEFT LLP
DALEY & HEFT LLP
DALEY & HEFT LLP
DAY WIRELESS SYSTEMS
DE LAGE LANDEN
ESGIL CORPORATION
FIRE ETC
FLEET SERVICES INC
GONZALES, G
GRAINGER
HDR ENGINEERING, INC.
HOME DEPOT CREDIT SERVICES
INNOVATIVE CONSTRUCTION
IPS GROUP INC
KRONOS INC
LASER SAVER INC
LEFORT'S SMALL ENGINE REPAIR
LOCAL GOVERNMENT PUBLICATIONS
MAN K9 INC
MEYER, GREGORY
MV CHENG & ASSOCIATES INC.
NATIONAL CITY MOTORCYCLES
NATIONAL EMBLEM INC
NEXTREQUEST
OFFICE SOLUTIONS BUSINESS
PACIFIC AUTO REPAIR
NATIONAL Cir?
att i
p
WARRANT REGISTER # 30
1/26/2021
DESCRIPTION
CLASS 3 SAFETY APPAREL - PARKS DIVISION
PARTS:FENDER, WHEEL, TIRE, MOUNT / PW
FOOD / NUTRITION
COVID 19 CONSUMABLES
JABRA ENGAGE 75 WIRELESS HEADSET
AMERICAN PUBLIC WORKS ASSOCIATION ANNUAL
AT&T SBC ANNUAL PHONE SERVICE FOR FY21
AT&T SBC ANNUAL PHONE SERVICE FOR FY21
CIP 19-15 CITYWIDE SAFETY LIGHTING ENHAN
CIP 19-43 P1 SEWER UPSIZE - ENG/PW
7 - REVERSABLE JACKET - HI VIZ GREEN
MOP 64096 SAFETY WEARING APPAREL - PW
ARMORED CAR SVCS 1/1/21-1/31/21
CYLANCE BB GUARD ADV UPG / MIS
QUARTERLY BILLING FOR FIRE DISPTACH SVCS
NEXTGEN REGIONAL COMMUNICATIONS SYSTEM
COX DATA VIDEO SERVICES FOR FY21
CDBG AGREEMENT WITH CSA SAN DIEGO
JETSCANNER
LIABILITY CLAIM COST
LIABILITY CLAIM COST
LIABILITY CLAIM COST
LIABILITY CLAIM COST
LIABILITY CLAIM COST
LIABILITY CLAIM COST
COMPANY MAINTENANCE CONTRACT / FIRE
LEASE 20 SHARP COPIERS FOR FY21
ESGIL-PROJECT / FIRE
19352-CITROSQUEEZE FS-C-005 PPE / FIRE
MOP 67084 AUTO SUPPLIES - PW
TUIT REIMB G GONZALES
MOP 65179 GENERAL SUPPLIES - PW
PROFESSIONAL SERVICES - ENG/PW
GENERAL SUPPLIES FOR FY 2021
CIP 18-10 EUCLID BICYCLE & PED ENHANCE
PARKING PERMIT PORTAL AND BACK OFFICE
KRONOS ANNUAL MAINTENANCE AND LICENSING
LASER SAVER MOP FY21
MOP 80702 GENERAL SUPPLIES - PW
LEGAL PUBLICATION UPDATES/CAO
MONTHLY TRAINING / LOKI LEAD / PD
LIABILITY CLAIM COST
FINANCE MGR CONSULTANT SVCS/DECEMBER
SERVICE AND REPAIR FOR EMERGENCY
SHOULDER PATCHES
NEXTREQUEST INVOICES
MOP 83778 OFFICE SUPPLIES / NSD
SMOG CERTIFICATION / REPAIRS FOR CITY
CHK NO
350968
350969
350970
350971
350972
350973
350974
350975
350976
350977
350978
350979
350980
350981
350982
350983
350984
350985
350986
350987
350988
350989
350990
350991
350992
350993
350994
350995
350996
350997
350998
350999
351000
351001
351002
351003
351004
351005
351006
351007
351008
351009
351010
351011
351012
351013
351014
351015
DATE
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
1/26/21
AMOUNT
1,005.07
3,512.20
1,536.00
960.53
703.89
250.00
11,575.07
695.36
855.00
646,543.95
582.63
125.00
324.72
4,934.85
102,938.99
9,120.00
2,163.35
4,992.87
3,447.88
13,191.05
4,375.00
3,265.90
685.17
440.00
240.00
549.00
2,939.63
648.90
579.64
358.36
3,500.00
281.67
1,256.00
572.42
36,392.00
7,115.63
142.06
217.45
97.88
143.56
1,170.64
5,000.00
4,100.00
491.02
2,670.11
15,785.33
11.08
110.00
1/2
45 of 236
CALIFORNIA*
PAYEE
PACIFIC REFRIGERATION INC
PARTS AUTHORITY METRO LLC
PENSKE FORD
PRO BUILD COMPANY
PROFESSIONAL SEARCH GROUP LLC
PROJECT PROFESSIONALS CORP
PROJECT PROFESSIONALS CORP
PRUDENTIAL OVERALL SUPPLY
QUESTYS SOLUTIONS
RESTAURANT DEPOT, LLC
RIOS, R
SAM'S ALIGNMENT
SAN YSIDRO HEALTH
SDG&E
SHARP ELECTRONICS CORPORATION
SILVER & WRIGHT LLP
SOUTH BAY COMMUNITY SERVICES
STAPLES BUSINESS ADVANTAGE
SUPERIOR READY MIX
SWAGIT PRODUCTION LLC
SWRCB
SYSCO SAN DIEGO INC
TARGET SOLUTIONS LEARNING
TERMINIX INTERNATIONAL
THE BUMPER GUY INC
THE COUNSELING TEAM INTERNATIO
THE PUN GROUP LLP
U S BANK
UNDERGROUND SERVICE ALERT
UNITED ROTARY BRUSH CORP
VERIZON WIRELESS
VIDEO TRACK LLC
VISTA PAINT
VULCAN MATERIALS COMPANY
WESTFLEX INDUSTRIAL
WILLY'S ELECTRONIC SUPPLY
WSP USA INC
Z A P MANUFACTURING INC
PAYROLL
Pay period Start Date
2 12/29/2021
NATIONALCnr?
att i
p
WARRANT REGISTER # 30
1/26/2021
DESCRIPTION
PROVIDE ON -SITE COMMERCIAL
MOP 75943 AUTO SUPPLIES - PW
R&M CITY VEHICLES FY 2021
MOP 45707 GENERAL SUPPLIES - PW
TEMP SVC / NSD
CIP 19-43 P1 SEWER UPSIZING - ENG/PW
CIP 19-50 LAS PALMAS POOL FACILITIY ROOF
MOP 45742 LAUNDRY SERVICES - PW
AGENDA TEMPLATE CHANGES
HAMS FOR GIVEAWAY/MAYORS OFFICE
REIMBURSEMENT FOR MONA RIOS
WHEEL ALIGNMENT SERVICE FOR CITY
CARES ACT CDBG-CV AGREEMENT / HOUSING
GAS AND ELECTRIC UTILITIES FOR STREETS
MAINTENANCE 20 SHARP COPIERS FOR FY21
PROFESSIONAL SERVICES/ CAO
HOME AGREEMENT / HOUSING DEPARTMENT
MOP #45704 OFFICE SUPPLIES/RISK MANAGEM
DECOMPOSED GRANITE - STREET MATERIAL
SWAGIT WEBCASTING FOR FY21
ANNUAL PERMIT FEE PARADISE CREEK
FOOD / NUTRITION
PREMIER MEMBERSHIP PLATFORM FOR TRAINING
ON -SITE PEST CONTROL SERVICES
PARTS - FRONT BUMPER, GRILLE, FRONT
EMPLOYEE SUPPORT SERVICES COUNSELING
PROGRESS BILLING #2/CITY AUDIT FOR YEAR
CREDIT CARD EXPENSES/FIRE DEP
UNDERGROUND SERVICE ALERT FY 2021
STREET SWEEPER REPAIRS AND MAINTENANCE
VERIZON CELLULAR SERVICES FOR FY21
LIABILITY CLAIM COST
MOP 68834 PAINT SUPPLIES / NSD
ASPHALT, TACK, 3/8 SHEET FY 21
MOP 63850 GENERAL SUPPLIES - PW
WILLY'S ELECTRONICS MOP FY21
NAT CITY BIKE MASTER PLAN - ENG/PW
REMOVE AND RESHEET - TRAFFIC SIGNS STREET
End Date
1/11/2021
Check Date
1/20/2021
GRAND TOTAL
CHK NO DATE AMOUNT
351016 1/26/21 6,032.14
351017 1/26/21 44.70
351018 1/26/21 75.49
351019 1/26/21 2,040.94
351020 1/26/21 3,320.00
351021 1/26/21 25,375.75
351022 1/26/21 1,012.91
351023 1/26/21 1,005.74
351024 1/26/21 787.50
351025 1/26/21 1,500.00
351026 1/26/21 35.00
351027 1/26/21 200.00
351028 1/26/21 15,366.96
351029 1/26/21 31,528.86
351030 1/26/21 2,585.26
351031 1/26/21 2,231.70
351032 1/26/21 97,504.62
351033 1/26/21 74.07
351034 1/26/21 272.40
351035 1/26/21 1,920.83
351036 1/26/21 2,012.00
351037 1/26/21 2,408.45
351038 1/26/21 3,120.00
351039 1/26/21 75.00
351040 1/26/21 7,422.09
351041 1/26/21 675.00
351042 1/26/21 20,000.00
351043 1/26/21 3,497.20
351044 1/26/21 414.19
351045 1/26/21 1,047.37
351046 1/26/21 126.24
351047 1/26/21 3,264.00
351048 1/26/21 416.02
351049 1/26/21 1,194.19
351050 1/26/21 328.30
351051 1/26/21 568.06
351052 1/26/21 1,413.41
351053 1/26/21 1,149.84
AIP Total 1,144,643.09
1,121,487.67
$ 2,266,130.76
2/2
46 of 236
Certification
IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE
HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE
AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE
CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW.
ac„
PHILLIP DAVIS, FINANCE BRAD RAULSTON, CITY MANAGER
FINANCE COMMITTEE
ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN
JOSE RODRIGUEZ, VICE -MAYOR MARCUS BUSH, COUNCIL MEMBER
RONALD J. MORRISON, COUNCIL MEMBER MONA RIOS, COUNCIL MEMBER
I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND
THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF
BY THE CITY COUNCIL ON THE 2"a OF MARCH, 2021.
AYES
NAYS
ABSENT
47 of 236
The following page(s) contain the backup material for Agenda Item: Warrant Register #31
for the period of 1/27/21 through 2/02/21 in the amount of $1,718,495.28. (Finance)
Please scroll down to view the backup material.
48 of 236
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 02, 2021 AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #31 for the period of 1/27/21 through 2/02/21 in the amount of $1,718,495.28.
(Finance)
PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance
PHONE: 619-336-4572
EXPLANATION: APPROVED BY:
Per Government Section Code 37208, below are the payments issued for period 1/27/21 - 2/02/21.
Consistent with Department of Finance's practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount
Dick Miller Inc 351152 323,528.43
Explanation
CIP 18-16 Paradise Creek Park Expansion
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $1,718,495.28.
APPROVED:
APPROVED:
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION FINAL ADOPTION
FINANCE
MIS
STAFF RECOMMENDATION:
Ratify warrants totaling $1,718,495.28.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 31
49 of 236
CALIFORNIA*
NATIONAL C 'V
att i
p
WARRANT REGISTER # 31
2/2/2021
PAYEE DESCRIPTION
ACEDO, I RETIREE HEALTH BENEFITS - FEB 2021
ANDERSON, E RETIREE HEALTH BENEFITS - FEB 2021
BEARD, P RETIREE HEALTH BENEFITS - FEB 2021
BECK, L RETIREE HEALTH BENEFITS - FEB 2021
BISHOP, R RETIREE HEALTH BENEFITS - FEB 2021
BOEGLER, C RETIREE HEALTH BENEFITS - FEB 2021
BULL, P RETIREE HEALTH BENEFITS - FEB 2021
CAMEON, C RETIREE HEALTH BENEFITS - FEB 2021
CARRILLO, R RETIREE HEALTH BENEFITS - FEB 2021
COLE, L RETIREE HEALTH BENEFITS - FEB 2021
COLLINSON, C RETIREE HEALTH BENEFITS - FEB 2021
CONDON, D RETIREE HEALTH BENEFITS - FEB 2021
CORDERO, E RETIREE HEALTH BENEFITS - FEB 2021
DALLA, M RETIREE HEALTH BENEFITS - FEB 2021
DANESHFAR, Z RETIREE HEALTH BENEFITS - FEB 2021
DEESE, L RETIREE HEALTH BENEFITS - FEB 2021
DESROCHERS, P RETIREE HEALTH BENEFITS - FEB 2021
DIAZ, M RETIREE HEALTH BENEFITS - FEB 2021
DILLARD, S RETIREE HEALTH BENEFITS - FEB 2021
DREDGE, J RETIREE HEALTH BENEFITS - FEB 2021
EISER III, G RETIREE HEALTH BENEFITS - FEB 2021
ESPIRITU, D RETIREE HEALTH BENEFITS - FEB 2021
ETZLER, J RETIREE HEALTH BENEFITS - FEB 2021
FABINSKI, D RETIREE HEALTH BENEFITS - FEB 2021
FERNANDEZ, R RETIREE HEALTH BENEFITS - FEB 2021
FIFIELD, K RETIREE HEALTH BENEFITS - FEB 2021
GAUT, A RETIREE HEALTH BENEFITS - FEB 2021
GELSKEY, K RETIREE HEALTH BENEFITS - FEB 2021
GIBBS JR, R RETIREE HEALTH BENEFITS - FEB 2021
GONZALES, M RETIREE HEALTH BENEFITS - FEB 2021
HANSON, E RETIREE HEALTH BENEFITS - FEB 2021
HARLAN, M RETIREE HEALTH BENEFITS - FEB 2021
HAUG, S RETIREE HEALTH BENEFITS - FEB 2021
HERNANDEZ, G RETIREE HEALTH BENEFITS - FEB 2021
HERNANDEZ, M RETIREE HEALTH BENEFITS - FEB 2021
HERNANDEZ, R RETIREE HEALTH BENEFITS - FEB 2021
HODGES, B RETIREE HEALTH BENEFITS - FEB 2021
IBARRA, J RETIREE HEALTH BENEFITS - FEB 2021
JONES, D RETIREE HEALTH BENEFITS - FEB 2021
JUNIEL, R RETIREE HEALTH BENEFITS - FEB 2021
KIMBLE, R RETIREE HEALTH BENEFITS - FEB 2021
KLOS, F RETIREE HEALTH BENEFITS - FEB 2021
LAFRENIERE, M RETIREE HEALTH BENEFITS - FEB 2021
LEACH, D RETIREE HEALTH BENEFITS - FEB 2021
LIMFUECO, M RETIREE HEALTH BENEFITS - FEB 2021
MATIENZO, M RETIREE HEALTH BENEFITS - FEB 2021
MCCABE, T RETIREE HEALTH BENEFITS - FEB 2021
MCDANIEL, P RETIREE HEALTH BENEFITS - FEB 2021
1/4
CHK NO DATE AMOUNT
351055 2/2/21 160.00
351056 2/2/21 110.00
351057 2/2/21 70.00
351058 2/2/21 140.00
351059 2/2/21 110.00
351060 2/2/21 260.00
351061 2/2/21 580.00
351062 2/2/21 400.00
351063 2/2/21 290.00
351064 2/2/21 165.00
351065 2/2/21 420.00
351066 2/2/21 280.00
351067 2/2/21 520.00
351068 2/2/21 900.00
351069 2/2/21 250.00
351070 2/2/21 660.00
351071 2/2/21 110.00
351072 2/2/21 680.00
351073 2/2/21 480.00
351074 2/2/21 250.00
351075 2/2/21 250.00
351076 2/2/21 620.00
351077 2/2/21 460.00
351078 2/2/21 220.00
351079 2/2/21 270.00
351080 2/2/21 540.00
351081 2/2/21 700.00
351082 2/2/21 115.00
351083 2/2/21 120.00
351084 2/2/21 480.00
351085 2/2/21 135.00
351086 2/2/21 500.00
351087 2/2/21 120.00
351088 2/2/21 500.00
351089 2/2/21 600.00
351090 2/2/21 400.00
351091 2/2/21 200.00
351092 2/2/21 780.00
351094 2/2/21 480.00
351095 2/2/21 50.00
351096 2/2/21 300.00
351097 2/2/21 480.00
351098 2/2/21 660.00
351099 2/2/21 600.00
351100 2/2/21 160.00
351101 2/2/21 100.00
351102 2/2/21 280.00
351103 2/2/21 290.00
50 of 236
CALIFORNIA*
NATIONAL Cir?
att i
p
WARRANT REGISTER # 31
2/2/2021
PAYEE DESCRIPTION CHK NO DATE AMOUNT
MEDINA, D RETIREE HEALTH BENEFITS - FEB 2021 351104 2/2/21 105.00
MEEKS, J RETIREE HEALTH BENEFITS - FEB 2021 351105 2/2/21 460.00
MENDOZA, G RETIREE HEALTH BENEFITS - FEB 2021 351106 2/2/21 290.00
MINER, D RETIREE HEALTH BENEFITS - FEB 2021 351107 2/2/21 580.00
MORRISON, R RETIREE HEALTH BENEFITS - FEB 2021 351108 2/2/21 520.00
NAGLE, D RETIREE HEALTH BENEFITS - FEB 2021 351109 2/2/21 460.00
NOTEWARE, D RETIREE HEALTH BENEFITS - FEB 2021 351110 2/2/21 120.00
OLIVARES, G RETIREE HEALTH BENEFITS - FEB 2021 351111 2/2/21 280.00
OLIVERIA, H RETIREE HEALTH BENEFITS - FEB 2021 351112 2/2/21 360.00
PAUU JR, P RETIREE HEALTH BENEFITS - FEB 2021 351113 2/2/21 340.00
PEASE JR, D RETIREE HEALTH BENEFITS - FEB 2021 351114 2/2/21 140.00
PETERS, S RETIREE HEALTH BENEFITS - FEB 2021 351115 2/2/21 290.00
POST, R RETIREE HEALTH BENEFITS - FEB 2021 351116 2/2/21 280.00
RAY, S RETIREE HEALTH BENEFITS - FEB 2021 351117 2/2/21 190.00
ROARK, L RETIREE HEALTH BENEFITS - FEB 2021 351118 2/2/21 135.00
RODRIGUEZ, M RETIREE HEALTH BENEFITS - FEB 2021 351119 2/2/21 260.00
RUIZ, J RETIREE HEALTH BENEFITS - FEB 2021 351120 2/2/21 310.00
SANCHEZ, L RETIREE HEALTH BENEFITS - FEB 2021 351121 2/2/21 330.00
SERVATIUS, J RETIREE HEALTH BENEFITS - FEB 2021 351122 2/2/21 340.00
SHOEMAKER, M RETIREE HEALTH BENEFITS - FEB 2021 351123 2/2/21 480.00
SHORT, C RETIREE HEALTH BENEFITS - FEB 2021 351124 2/2/21 300.00
SILVA, L RETIREE HEALTH BENEFITS - FEB 2021 351125 2/2/21 580.00
SMITH, J RETIREE HEALTH BENEFITS - FEB 2021 351126 2/2/21 320.00
SMITH, M RETIREE HEALTH BENEFITS - FEB 2021 351127 2/2/21 560.00
STEWART, W RETIREE HEALTH BENEFITS - FEB 2021 351128 2/2/21 200.00
STRASEN, W RETIREE HEALTH BENEFITS - FEB 2021 351129 2/2/21 135.00
TIPTON, B RETIREE HEALTH BENEFITS - FEB 2021 351130 2/2/21 250.00
VERRY, L RETIREE HEALTH BENEFITS - FEB 2021 351131 2/2/21 280.00
VILLAGOMEZ, J RETIREE HEALTH BENEFITS - FEB 2021 351132 2/2/21 480.00
WHITE, J RETIREE HEALTH BENEFITS - FEB 2021 351133 2/2/21 230.00
YBARRA, Y RETIREE HEALTH BENEFITS - FEB 2021 351134 2/2/21 220.00
RETIREE HEALTH BENEFITS 27,070.00
CA DEPARTMENT OF TAX AND FEE ADMIN SALES TAX LIABILITY FOR PER OCT-DEC 2020 351054 1/28/21 423.00
24 HOUR ELEVATOR INC CITY WIDE ELEVATOR SERVICE AND REPAIR 351135 2/2/21 3,890.64
ACME SAFETY & SUPPLY CORP 6' CONCRETE CAR STOPS - STREETS MATERIAL 351136 2/2/21 364.97
ADVANCED AUTO BODY GROUP LABOR - BED SIDE BUMPER REPAIR AND PAINT 351137 2/2/21 1,600.00
ALDEMCO FOOD NUTRITION 351138 2/2/21 1,703.37
ALEMAN, ARTURO REFUND OF CONSTRUCTION & DEMO REPORT 351139 2/2/21 227.65
ALL FRESH PRODUCTS COVID 19 CONSUMABLES 351140 2/2/21 430.52
ARJIS FY 21 CONTRIBUTION FOR GRAFFITI TRACKER 351141 2/2/21 2,435.85
BIDDLE CONSULTING GROUP INC CRITICALL ELITE ANNUAL ONLINE SOFTWARE D 351142 2/2/21 2,995.00
BMI MUSIC PERFORMANCE AGREEMENT 351143 2/2/21 651.60
CALIFORNIA ELECTRIC SUPPLY MOP 45698 ELECTRIC SUPPLIES - PW 351144 2/2/21 58.07
CHEN RYAN ASSOCIATES INC BAYSHORE BIKEWAY SEGMENT 5 - ENG/PW 351145 2/2/21 39,259.00
CITY OF CHULA VISTA CONFINED SPACE TUITION FOR SIX FIRE DEPA 351146 2/2/21 3,750.00
CLAIMS MANAGEMENT ASSOCIATES PROFESSIONAL SERVICES 351147 2/2/21 4,000.00
COMMERCIAL AQUATIC SERVICE INC CHEMICALS - CHLORINE, ACID TABLETS, AND 351148 2/2/21 2,276.91
COUNTY OF SAN DIEGO ANNUAL RENEWAL UNIFIED PROGRAM FACILITY 351149 2/2/21 1,373.00
2/4
51 of 236
CALIFORNIA*
PAYEE
COUNTYWIDE MECHANICAL SYSTEMS
DEPARTMENT OF JUSTICE
DICK MILLER INC
D-MAX ENGINEERING INC
ESGIL CORPORATION
FACTORY MOTOR PARTS
FIRE ETC
FORTEL TRAFFIC INC
GRAINGER
HDR ENGINEERING, INC.
HILL, ELVIA
HOME DEPOT CREDIT SERVICES
I LOVE A CLEAN SAN DIEGO
INLAND KENWORTH INC
JJJ ENTERPRISES
JONES, A
JONES, D
KANE, P
LAFRENIERE, D
LEAGUE OF CALIFORNIA CITIES
MAZZARELLA & MAZZARELLA LLP
MTS
NAPA AUTO PARTS
NERI LANDSCAPE ARCHITECTURE
NIGH, C
NV5 INC
OFFICE SOLUTIONS BUSINESS
O'REILLY AUTO PARTS
PACIFIC REFRIGERATION INC
PARTS AUTHORITY METRO LLC
PENSKE FORD
PERRY FORD -NATIONAL CITY LLC
PRO BUILD COMPANY
PROFESSIONAL SEARCH GROUP LLC
PRUDENTIAL OVERALL SUPPLY
R & R CONTROLS, INC
RAMIREZ, 0
SAN DIEGO COUNTY RECORDER
SDG&E
SELECT ELECTRIC INC
SHER EDLING LLP
SHOEMAKER, M
SILVA, L
SITEONE LANDSCAPE SUPPLY LLC
SMART SOURCE OF CALIFORNIA LLC
SMART SOURCE OF CALIFORNIA LLC
SOUTH BAY FENCE INC
SOUTHERN CALIF TRUCK STOP
NATIONAL Cnrr
att i
p
WARRANT REGISTER # 31
2/2/2021
DESCRIPTION
C/O 1/21/21 ADD NEW ACCT & INCREASE BY
NEW EMPLOYEE FINGERPRINT TEST RESULTS -
CIP 18-16 PARADISE CREEK PARK EXPANSION
NC STORM WATER SERVICES 2020-2021 - ENG/PW
ESGIL - PROJECT /FIRE
MOP 82766. PARTS / PW
PRO WARRINGTON 8 IN LEATHER BOOT / FIRE
TRAFFIC SAFETY SERVICES - ENG/PW
BUILDING SUPPLIES AND EQUIPMENT FY 21
PROFESSIONAL SERVICES - ENG/PW
REFUND OF CONSTRUCTION & DEMOLITION
GENERAL SUPPLIES FOR FY 2021
COMM SERVICES MONTH VIRTUAL CLEAN UP
KIT, TURBOCHARGE ACTUATOR
FIRE AND SECURITY ALARM MONITORING
RETIREE HEALTH BEN - JAN 2021
FLSA HRS ANALYSIS-4850, HRS OWED TO EMP
FLSA HRS ANALYSIS-4850, HRS OWED TO EMP
EDUCATION REIMBURSEMENT
2021 MEMBERSHIP DUES LEAGUE OF CITIES
LIABILITY CLAIM COST
MTS /NSD
MOP 45735 GENERAL SUPPLIES - PW
KIMBALL PARK CONCEPT MASTER PLAN UPDATE -
EDUCATION REIMBURSEMENT
GEOTECHNICAL OBSER/TESTING- PARADISE CRK
MOP 83778 OFFICE SUPPLIES / NSD
MOP 75877 AUTO SUPPLIES - PW
PROVIDE ON -SITE COMMERCIAL
MOP 75943 AUTO SUPPLIES - PW
R&M CITY VEHICLES FY 2021
GASKET, SEALANT SILICONE, FLANGED HEX
MOP 45707 GENERAL SUPPLIES - PW
TEMP SVC / NSD
MOP 45742 LAUNDRY SERVICES - PW
CITYWIDE ON -SITE ENVIRONMENTAL CONTROL
TRAINING POST SUB SLI3
RECORDED DOCUMENT
GAS AND ELECTRIC UTILITIES FOR STREETS
CIP 19-08 FIBER OPTIC TRAFFIC SIGNAL INT
PROFESSIONAL SERVICES / CAO
FLSA HRS ANALYSIS-4850, HRS OWED TO EMP
FLSA HRS ANALYSIS-4850, HRS OWED TO EMP
MOP 69277 LANDSCAPE SUPPLIES - PW
BUSINESS LICENSE DECALS FOR FY2021
MOP 63845 BUSINESS CARDS SORIANO / NSD
SOUTH BAY FENCE 1 YR RENTAL
MOP 45758 GENERAL AUTO SUPPLIES - PW
3/4
CHK NO
351150
351151
351152
351153
351154
351155
351156
351157
351158
351159
351160
351161
351162
351163
351164
351165
351166
351167
351168
351169
351170
351171
351172
351173
351174
351175
351176
351177
351178
351179
351180
351181
351182
351183
351184
351185
351186
351187
351188
351189
351190
351191
351192
351193
351194
351195
351196
351197
DATE
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
2/2/21
AMOUNT
9,082.50
32.00
323,528.43
49,219.76
1,125.60
22.82
603.57
30,691.75
7,369.56
917.00
98.00
1,091.62
1,200.00
301.29
720.00
60.00
1,312.80
74.26
420.00
20,252.00
725.00
132.16
43.46
960.00
293.37
635.88
18.80
5.56
1,735.12
234.21
563.42
1,451.60
576.06
5,134.00
479.01
891.00
422.70
44.00
29,670.47
24,383.81
5,400.30
576.74
1,277.53
942.17
940.60
60.85
300.00
59.15
52 of 236
CALIFORNIA*
PAYEE
SPEEDPRESS
STAPLES BUSINESS ADVANTAGE
STC TRAFFIC
STILES, J
SWEETWATER AUTHORITY
SWRCB
TAYLOR, J
TERMINIX INTERNATIONAL
THE STAR NEWS
T-MOBILE MOBILE USA INC.
T'S & SIGNS
U S BANK
VCA EMERGENCY ANIMAL HOSPITAL
VORTEX INDUSTRIES INC
VULCAN MATERIALS COMPANY
WAXIE SANITARY SUPPLY
WESTAIR GASES & EQUIPMENT INC
WILLIAMS, G
WILLY'S ELECTRONIC SUPPLY
SECTION 8 HAPS
NATIONALCnr?
att i
p
WARRANT REGISTER # 31
2/2/2021
DESCRIPTION
MODEL 50 CORNER ROUNDERS = 1/2"
MOP 20468 PD SUPPLIES
CIP 19-22 HSIP9 CITYWIDE PROT LEFT TURN
EDUCATION REIMBURSEMENT
WATER BILL FOR PARKS DIVISION FY 2021
SWRCB - PARADISE CREEK SCOUR MITIGATION
TRAINING REIM POST SUPER TAYLR JASON
ON -SITE PEST CONTROL SERVICES
STAR NEWS AD#00102370 - 1/8/2021 HOUSING
MOBILE HOTSPOTS FOR LITERACY LAPTOPS
HAND SANITIZER- COMMUNITY SERVICE MONTH
MONTHLY CREDIT CARD STATEMENT - DECEMBER
STRAY ANIMAL EMERGENCY VET CARE
CITYWIDE ON -SITE SERVICE & REPAIRS
3/4 IN CL 2 BASE - STREET MATERIAL
MISCELLANEOUS JANITORIAL SUPPLIES,
PARTS FOR STREET DEPT WELDER- WIRE / PW
EDUCATION REIMBURSEMENT
MOP 45763 ELECTRICAL SUPPLIES - PW
Start Date
12/30/2021
End Date
1/2/2021
CHK NO DATE
351198 2/2/21
351199 2/2/21
351200 2/2/21
351201 2/2/21
351202 2/2/21
351203 2/2/21
351204 2/2/21
351205 2/2/21
351206 2/2/21
351207 2/2/21
351208 2/2/21
351209 2/2/21
351210 2/2/21
351211 2/2/21
351212 2/2/21
351213 2/2/21
351214 2/2/21
351215 2/2/21
351216 2/2/21
A/P Total
AMOUNT
412.22
489.73
34,751.46
734.50
2,521.36
3,089.00
426.63
1,135.00
893.75
4,033.92
2,066.25
74.00
4,031.48
615.00
573.18
2,299.44
13.53
835.20
83.15
677,668.31
1,040,826.97
GRAND TOTAL $ 1,718,495.28
4/4
53 of 236
Certification
IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE
HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE
AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE
CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW.
ac„
PHILLIP DAVIS, FINANCE BRAD RAULSTON, CITY MANAGER
FINANCE COMMITTEE
ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN
JOSE RODRIGUEZ, VICE -MAYOR MARCUS BUSH, COUNCIL MEMBER
RONALD J. MORRISON, COUNCIL MEMBER MONA RIOS, COUNCIL MEMBER
I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND
THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF
BY THE CITY COUNCIL ON THE 2"a OF MARCH, 2021.
AYES
NAYS
ABSENT
54 of 236
The following page(s) contain the backup material for Agenda Item: Second reading and
adoption of an Ordinance of the City Council of the City of National City to require
electronic submittal of Campaign Disclosure Statements and Form 700 filings. (City Clerk)
Please scroll down to view the backup material.
55 of 236
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 2, 2021
AGENDA ITEM NO.
ITEM TITLE:
Second reading and adoption of an Ordinance of the City Council of the City of National City to require
electronic submittal of Campaign Disclosure Statements and Form 700 filings (City Clerk)
PREPARED BY: Luz Molina, City Clerk
Shelley Chapel, Deputy City Clerk
PHONE: (619) 336-4226
DEPARTMENT: City Clerk's Office
APPROVED BY:
EXPLANATION:
On February 16, 2021, the City Clerk's Office proposed Ordinance entitled, "An Ordinance of the City Council
of the City of National City, California, Adding Section 2.76 to Title 2 of the National City Municipal Code
"Electronic and Paperless Filing of Campaign Disclosure Statements and Statement of Economic Interest,
relating to Electronic And Paperless Filing of Fair Political Practices Commission Campaign Disclosure
Statements," was introduced after a Public Hearing. It is City Staffs recommendation that at your meeting on
March 2, 2021, after first conducting a Public Hearing that the City Council Adopt the Ordinance.
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED:
APPROVED:
Finance
MIS
Account No. 629-403-082-281-0000 — Information Systems Maintenance Fund at a cost of $6,300
annually.
ENVIRONMENTAL REVIEW:
n/a
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the Ordinance.
BOARD / COMMISSION RECOMMENDATION:
In/a
ATTACHMENTS:
Attachment A - Ordinance
56 of 236
ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, ADDING SECTION 2.76 TO TITLE 2 OF THE NATIONAL CITY
MUNICIPAL CODE "ELECTRONIC AND PAPERLESS FILING OF CAMPAIGN
DISCLOSURE STATEMENTS AND STATEMENT OF ECONOMIC INTEREST,'
RELATING TO ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL
PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS
WHEREAS, California Government Code Section 84615 provides that a
legislative body of a local government agency may adopt an ordinance that requires
an elected officer, candidate, committee, or other person required to file statements,
reports, or other documents required by Chapter 4 of the Political Reform Act to file
such statements, reports, or other documents online or electronically with the Office
of the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY DOES ORDAIN AS FOLLOWS:
SECTION 1: The purpose of this Ordinance is to add the option of filing
Campaign Disclosure Statements by elected officials, candidates, or committees and
Statements of Economic Interest electronically. The City Council enacts this
Ordinance in accordance with the authority granted to cities by state law. This
Ordinance is intended to supplement, and not conflict with, the Political Reform Act.
SECTION 2: The City Council of the City of National City finds and determines
as follows:
A. That California Government Code Section 84615 provides that a legislative
body of a local government agency may adopt an ordinance that requires
an elected officer, candidate, or committee, required to file statements,
reports or other documents required by Chapter 4 of the Political Reform
Act to file such statements, reports, or other documents online or
electronically with the City Clerk;
B. In any instance in which the original statement is required to be filed with
the Secretary of State and a copy of that statement is required to be filed
with the local government agency, the Ordinance may permit, but shall
not require, that the copy be filed online or electronically;
C. The City Council expressly fins and determines that the City Clerk's
web -based system contains multiple safeguards to protect the integrity
and security of data, it will operate securely and effectively, and it will
not unduly burden filers; and. Specifically; (1) the System will ensure
the integrity of the data and includes safeguards against efforts to
57 of 236
ATTACHMENT B
temper with, manipulate, alter, or subvert the data; (2) the System will
only accept a filing in the standardized record format developed by the
Secretary of State and compatible with the Secretary of State's system
for receiving an online or electronic filing; and (3) the System will be
available free of charge to filers and the public for viewing filings on the
City's website.
D. The City Clerk will operate the electronic filing system in compliance with
the requirements of California Government Code Section 84615 and
any other applicable laws.
TITLE 2 ADMINISTRATION
Section 2.76 - ELECTRONIC FILING OF CAMPAIGN DISCLOSURE
STATEMENTS AND STATEMENT OF ECONOMIC INTEREST
2.76.010 — General.
A. Any elected officer, candidate, committee, or other person required to
file statements, reports, or other documents ("Statements") as required
by Chapter 4 of the Political Reform Act (California Government Code
Section 84100 et seq.) may file such Statements using the City Clerk's
online system according to procedures established by the City Clerk.
These procedures shall ensure that the online system complies with the
requirements set forth in Section 84615 of the Government Code. From
and after January 1, 2022, elected officers, candidates, and committees
required to file Statements must file such Statements using the City
Clerk's online system, unless exempt from the requirement to file
online pursuant to Government Code Section 8461 (a) because the officer,
candidate, or committee receives less than $2,000 in contributions and
makes less than $2,000 in expenditures in a calendar year.
B. The online filing system shall ensure the integrity of the data transmitted
and shall include safeguards against efforts to tamper with, manipulate,
alter, or subvert the data.
C. The online filing system shall only accept a filing in the standardized record
format that is developed by the California Secretary of State pursuant to
Section 84602(a) (2) of the California Government Code and that is
compatible with the Secretary of State's system for receiving an online or
electronic filing.
D. The on-line filing system shall include a procedure for filers to comply with
the requirement that they sign statements and reports under penalty of
perjury pursuant to Section 81004 of the Government Code.
2
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ATTACHMENT B
2.76.020 - Procedures for Utilizing Online Filing.
A. During the period commencing with the effective date of this Ordinance and
ending April 2, 2021, an elected officer, candidate, or committee may
choose to utilize the electronic filing system by electronically filing a
Statement that is required to be filed with the City Clerk pursuant to Chapter
4 of the Political Reform Act. Once the elected officer, candidate, or
committee has filed electronically, all subsequent Statements shall be filed
electronically. From and after January 1, 2022, electronic filing is
mandatory unless the officer, candidate, or committee is exempt as
described in Section 1.05.01 0 (A).
B. Any elected officer, candidate, or committee who has electronically filed a
statement using the City Clerk's online system is not required to file a copy
of that document in paper format with the City Clerk.
C. The City Clerk shall issue an electronic confirmation that notifies the filer
that the
Statement was received, which notification shall include the date and the
time that the Statement was received and the method by which the filer may
view and print the data received by the City Clerk. The date of filing for a
Statement filed on line shall be the day that it is received by the City Clerk.
D. If the City Clerk's system is not capable of accepting a Statement due to
technical
difficulties, an elected officer, candidate, or committee shall file that
Statement in paper format with the City Clerk.
E. The online filing system shall enable electronic filers to complete and submit
filings free of charge.
2.76.030 -Availability of Statements for Public Review; Record Retention.
A. The City Clerk's system shall make all the data filed available on the City's
webpage in an easily understood format that provides the greatest public
access. The data shall be made available free of charge and as soon as
possible after receipt. Per Fair Political Practices Commission (FPPC)
Regulation 18313.6, the data made available on the City's webpage shall
not contain the street name and building number, phone number, and
signature block of the persons or entity representatives listed on the
electronically filed forms or any bank account number required to be
disclosed by the filer. The City Clerk's office shall make a complete,
unredacted copy of the statement, including any street names, building
numbers, phone numbers, signature block, and bank account numbers
disclosed by the filer, available to any person upon request.
3
59 of 236
ATTACHMENT B
B. For paper copies, fees will apply as allowed by the Fair Political Practices
Commission (FPPC) and Government Code Section 81008. Copies must
be provided at a charge not to exceed ten (10) cents per page. In addition,
filing officers may charge a retrieval fee of up to five dollars ($5.00) per
request for copies of statements that are five (5) years or older. A single
request for more than one (1) report or statement is subject to one (1)
retrieval fee. Copies may be provided free of charge.
C. The City Clerk's Office shall maintain, for a period of at least ten (10) years
commencing from the date filed, a secured, official version of each online
or electronic statement which shall serve as the official version of that record
for purpose of audits and any other legal purpose.
2.76.040 — Severability
A. If any provision, clause, sentence or paragraph of this Chapter or the
application thereof to any person or circumstances shall be held invalid,
such invalidity shall not affect the other provisions or application of the
provisions of this Chapter which can be given effect without the invalid
provision or application; accordingly, the provisions of this Chapter are
hereby declared to be severable.
SECTION 3: All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 4: This Ordinance shall become effective in accordance with applicable law
sixty (60) days after adoption to provide for sufficient notice and an educational period.
The City Clerk is hereby authorized to use summary publication procedures pursuant to
Government Code Section 36933 utilizing a newspaper of general circulation published
in the City of National City.
INTRODUCED AND READ at a Regular meeting of the City Council of the City of
National City, California, held the 16th day of February 2021, and
4
60 of 236
ATTACHMENT B
THEREAFTER, PASSED AND ADOPTED at a Regular meeting of said City
Council held the day of , 2021, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest:
Luz Molina, City Clerk
Approved as to Form:
Charles E. Bell, Jr. City Attorney
Alejandra Sotelo-Solis, Mayor
5
61 of 236
The following page(s) contain the backup material for Agenda Item: Introduction and first
reading of an Ordinance of the City Council of the City of National City adding National
City Municipal Section 9.60 to regulate commercial cannabis. (City Manager)
Please scroll down to view the backup material.
62 of 236
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 2, 2021
ITEM TITLE:
AGENDA ITEM NO.
Introduction and first reading of an Ordinance of the City Council of National City adding
National City Municipal Section 9.60 to regulate commercial cannabis (City Manager)
PREPARED BY:
Megan Gamwell, Economic Development Specialist
PHONE: 619-336-4216
EXPLANATION:
Staff is reintroducing a draft ordinance to develop regulating commercial cannabis activity in National City based
on City Council direction received on February 18, 2020. The attached ordinance is further based on the direction
received at City Council meetings on September 17, 2019, and the community survey results from October 22,
2019.
DEPARTMENT:
APPROVED BY:
The proposed ordinance addresses the rules and regulations surrounding commercial cannabis activity within the
city, initial application procedures and security requirements. Following the adoption of an ordinance staff will
begin working on a full cost recovery fee for the application and review process. After the application process is
deemed complete, development agreements will be negotiated for City Council approval which will determine
local conditions including community benefits and equity programs.
FINANCIAL STATEMENT:
ACCOUNT NO.
ENVIRONMENTAL REVIEW:
n/a
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
The City Council move to introduce the Ordinance by title only, waive further reading, take public comment, direct
staff to return to the Regular City Council Meeting of April 6, 2021 to continue the second reading and
recommendation to adopt ordinance.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. City Staff Report
2. Ordinance
3. Presentation
4. Community Outreach Survey results
5. Fiscal Analysis
163 of 236
Attachment 1
INTRODUCTION AND FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY ADDING NATIONAL CITY MUNICIPAL SECTION 9.60 TO REGULATE
COMMERCIAL CANNABIS (CITY MANAGER)
STAFF RECOMMENDED COUNCIL ACTIONS:
The City Council may consider taking the following actions:
1. After the City Attorney/City Clerk reads the title of the ordinance:
a. Motion to introduce first reading of the Ordinance adding Chapter 9.60 to the National City Municipal
Code regulating Commercial Cannabis activity.
b. Motion to be read by title only, and waive further reading (requires unanimous vote); and
2. Direct staff to schedule second reading and adoption of the ordinance for the April 6, 2021 regular
City Council meeting; and
3. Take such additional, related, action that may be desirable
BACKGROUND/ANALYSIS
• 2012 City Council initially prohibited cannabis as part of a land -use update.
• January 19, 2016- City Council passed a ban on cannabis cultivation.
• November 2016- Proposition 64 (Control, Regulate and Tax Adult Use of Marijuana Act) was
approved by 57% of voters in California. Voting results in National City were 7,551 (50.04%)
against and 7,540 (49.96%) in favor.
• June 18, 2019- City Council authorized staff to retain the services of HdL to assist with
community outreach and the development of a draft cannabis ordinance, an application review
process and cost recovery fees.
• September 17, 2019- HdL presented its initial findings to the City Council, after which direction
was provided to staff to develop an ordinance that would allow up to three cannabis businesses
through development agreements to be located in National City's Industrial Zones.
• October 16, 2019- through November 5, 2019- The City developed a survey to gather input from
the community to help guide the development of its cannabis regulatory program, including
community impacts to be addressed through regulations and programs to be funded through a
community benefits fee.
• October 22, 2019- City staff hosted a community workshop on cannabis in the Library
community room.
• February 18, 2020- City Council directs staff to establish a set community benefits fee rate of
5% of gross receipts for all cannabis businesses; expand the proposed number of cannabis
business operations from 3 to 6 (3 remaining in the originally proposed Industrial Zones and 3
being added to the areas zoned Tourist Commercial (CT) in the Marina District west of 1-5); and
to include consumption lounges as an allowable business type in the ordinance.
• March 17, 2020- Cannabis ordinance scheduled for first hearing of the ordinance at City Council.
Due to COVID-19 the item was pulled from the agenda.
• March 2, 2021- Cannabis ordinance is reintroduced based on City Council Direction and public
input.
Page 1 of 3
64 of 236
Attachment 1
FIRST READING AND INTRODUCTION OF AN ORDINANCE ALLOWING COMMERCIAL CANNABIS
FACILITIES
Consistent with the direction given by Council on September 17, 2020 and February 18, 2020 the
ordinance is attached hereto as Attachment 2.
The ordinance declares and determines that commercial cannabis activity may be allowed within the
National City Industrial Zones and the Tourist Commercial Zone west of 1-5 under the following
conditions.
• No person may engage in any authorized commercial cannabis business or in any commercial
cannabis activity within the City of National City including cultivation, manufacture, processing,
laboratory testing, transporting, dispensing, distribution, or sale of cannabis or a cannabis
product unless the person has the following:
• A valid development agreement jointly negotiated with the City and approved by City
Council;
• A valid commercial cannabis business permit issued by the City of National City;
• A valid business license issued by the City of National City;
• A mandatory building inspection and all required permits and approvals which would
otherwise be required for any business of the same size and intensity operating in
that zone. This includes but is not limited to obtaining any required building permit(s),
the National City Fire Department approvals, Health Department approvals and other
zoning and land use permit(s) and approvals.
• A valid state license for the commercial cannabis activity corresponding to the
business permit issued by the City of National City;
• Requisite approvals from the Planning Division of the National City Community
Development Department;
• A valid State of California Seller's Permit.
• No permit shall be issued pursuant to this Chapter for outdoor commercial cannabis
cultivation, which is prohibited. It is a violation of this Chapter for any person or entity to
engage in any outdoor commercial cannabis cultivation of any kind.
NEXT STEPS
• Public Hearing and first reading at the Planning Commission to strike and replace existing
18.30.340 — Commercial Marijuana Activity
• Second reading and adoption of National City Municipal Section 9.60 and changes to
18.30.340.
• Creation and adoption of a full cost recovery of application process
• Process applications until deemed complete
• Negotiate development agreements and bring to City Council for approval. The
development agreement will include community benefits and social equity programs
COST RECOVERY AND FISCAL ANALYSIS:
Application fees will be imposed to offset staff and consultant costs for processing applications and
approvals for cannabis activities. Additional fees, and other fiscal benefit arrangements will be
considered at a later date to offset additional staff and policing costs associated with ongoing cannabis
operations, which costs are unknown at this time. Fiscal analysis report drafted by HdL is provided as
Attachment 5.
Page 2 of 3
65 of 236
Attachment 1
CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA")
An initial review of the proposed ordinance has been conducted pursuant to the California Environmental
Quality Act (California Public Resources Code §§21000, et seq., "CEQA") and CEQA regulations (14
California Code of Regulation 15000, et seq.). The proposed ordinance and resolution would delete the
existing prohibition on cannabis uses in the Municipal Code and add provisions to regulate commercial
cannabis activity that: (I) will not adversely affect adjoining property as to value or precedent and will not
be detrimental to the area; (ii) does not authorize any new construction or use but rather describes a
process that will require vetting of environmental, land use and operational issues in connection with each
application for a Certificate of Approval and is therefore not a "project" under CEQA because it establishes
"general policy and procedure making" (CEQA Guidelines Sec.15378(b)(2)), and constitutes "organizational
or administrative activities of governments that will not result in direct or indirect physical changes in the
environment" (CEQA Guidelines 15378(b)(5)); (iii) the implementing resolution is self -mitigating insofar as
it provides the means for avoiding environmental impacts, if any are identified, as part of each
discretionary application and as provided in NCMC Section 18.12.040 (C) each application is subject to
separate environmental review under CEQA; and (iv) issuance of ministerial permits for personal,
noncommercial cultivation is categorically exempt as a Class 1 or Class 5 project insofar as, at best, the
activities that are authorized would constitute a minor alteration of existing public structures involving no
expansion of use, or a minor Page 8 of 146 alteration in land use limitations (see 14 CCR Sections 15031,
15305). Based on the foregoing staff has determined that this ordinance is exempt from further
environmental review.
Local Coastal Program
The proposed ordinance and implementing resolution do not amend the City's certified Local Coastal
Program (LCP). The ordinance provides licensing and health and safety regulations for cannabis uses under
Title 9 of the NCMC. Zoning and development standards of NCMC Title 18 are not changed except for
partial repeal of the prohibition on cannabis uses under Chapter 18.30 of Division 3, which chapter is not
part of the LCP. Similarly, the proposed implementing resolution is declarative of existing zoning and does
not alter the City's zoning map, development standards or the LCP. Accordingly, no LCP amendment or
other Coastal Commission approval is required for the ordinance and resolution
Page 3 of 3
66 of 236
Attachment 2
Chapter 9.60
Commercial Cannabis Businesses
Sections:
Section 9.60.010. Purpose and Intent.
Section 9.60.020. Legal Authority.
Section 9.60.030. Cannabis Cultivation and Commercial Cannabis Activities Prohibited Unless
Specifically Authorized by this Chapter.
Section 9.60.040. Compliance with State and Local Laws.
Section 9.60.050. Definitions.
Section 9.60.060. Authorization to Engage in Commercial Cannabis Business.
Section 9.60.070. Location and Design of Cannabis Businesses.
Section 9.60.080. Maximum Number and Type of Authorized Commercial Cannabis
Businesses Permitted.
Section 9.60.090. Fees and Charges.
Section 9.60.100. Development Agreement.
Section 9.60.110. Evidence of Cannabis Owner(s), Representative(s) and Employee(s)
Background Check Required.
Section 9.60.120. Persons Prohibited from Holding a Commercial Cannabis License.
Section 9.60.130. Persons Prohibited from Employment by a Commercial Cannabis Business.
Section 9.60.140. Certification from the Community Development Department.
Section 9.60.150. Right to Occupy and to Use Property.
Section 9.60.160. Application Procedure for a Cannabis Business Permit.
Section 9.60.180. Operations Plan and Standards.
67 of 236
Attachment 2
Section 9.60.190. Limitations on City's Liability.
Section 9.60.200. Restriction on Alcohol & Tobacco Sales.
Section 9.60.225. Restriction on Consumption of Cannabis or other Substances
Section 9.60.230. General Operating Requirements for all Commercial Cannabis Businesses.
Section 9.60.240. Amendments to General Operating Requirements.
Section 9.60.250. Additional Operating Requirements for Store Front Retail Facilities.
Section 9.60.260. Additional Operating Requirements for Non -Store Front Retail Facilities.
Section 9.60.265. Operating Requirements for Consumption Lounges.
Section 9.60.270. In -City Delivery Vehicle Requirements.
Section 9.60.275. Out -of -City Delivery Vehicle Requirements.
Section 9.60.280. Additional Operating Requirements for a Cultivation Facility Operation.
Section 9.60.290. Additional Operating Requirements for Distributors.
Section 9.60.300. Additional Operating Requirements for Testing Labs.
Section 9.60.310. Additional Operating Requirements for Cannabis Manufacturing: Edibles
and Other Cannabis Products; Sale or Distribution of Edible and Other
Cannabis Products.
Section 9.60.320. Additional Operating Requirements for a Microbusiness-Cultivation
Facility.
Section 9.60.330.
Section 9.60.340.
Permissible Delivery Locations and Customers.
Expiration of Commercial Cannabis Business Permits.
Section 9.60.350. Renewal of Cannabis Business Permits.
Section 9.60.360. Revocation or Suspension of Permits.
Section 9.60.370. Effect of State License Suspension, Revocation, or Termination.
Section 9.60.380. Appeals.
68 of 236
Attachment 2
Section 9.60.390. Written Request for Appeal.
Section 9.60.400. Appeal Hearing Process.
Section 9.60.420. Transfer of Cannabis Business Permit.
Section 9.60.430. Change in location; updated permit application.
Section 9.60.440. Promulgation of Regulations, Standards and Other Legal Duties.
Section 9.60.450. Community Relations.
Section 9.60.460. Fees Deemed Debt to the City of National City.
Section 9.60.470. Responsibility for Violations.
Section 9.60.480. Inspection and Enforcement.
Section 9.60.490. Compliance with State Regulations.
Section 9.60.500. Violations declared a public nuisance.
Section 9.60.510. Each violation a separate offense.
Section 9.60.520. Serious Violations Grounds for Immediate Suspension of License or Permit.
Section 9.60.530. Criminal Penalties.
Section 9.60.540. Remedies cumulative and not exclusive.
69 of 236
Attachment 2
NATIONAL CITY ORDINANCE
ADDING CHAPTER 9.60 TO THE NATIONAL CITY MUNICIPAL CODE
REGULATION OF COMMERCIAL CANNABIS ACTIVITY
Section 9.60.010. Purpose and Intent.
It is the purpose and intent of this Chapter to implement the provisions of the Medicinal
and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA") to accommodate the
needs of medically -ill persons in need of cannabis for medicinal purposes as
recommended by their health care provider(s), and to provide access to same. It is also
the purpose and intent of this Chapter to provide access to adult -use cannabis for persons
aged twenty-one (21) and over as authorized by the Control, Tax & Regulate the Adult
Use Cannabis Act ("AUMA" or "Proposition 64" approved by California voters in 2016),
while imposing sensible regulations on the use of land to protect the City of National City's
residents, neighborhoods, and businesses from disproportionately negative impacts. As
such, it is the purpose and intent of this Chapter to regulate the cultivation, processing,
manufacturing testing, sale, delivery, distribution and transportation of cannabis and
cannabis products in a responsible manner to protect the health, safety, and welfare of
the residents of the City of National City and to enforce rules and regulations consistent
with state and local law. It is the further purpose of intent of this Chapter to require all
commercial cannabis operators to obtain and renew annually a commercial cannabis
business permit to operate within the City of National City. Nothing in this Chapter is
intended to authorize the possession, use, or provision of cannabis for purposes that
violate state or local law. The provisions of this Chapter are in addition to any other
permits, licenses and approvals which may be required to conduct business in the City of
National City, and are in addition to any permits, licenses and approval required under
state, City, or other law.
Section 9.60.020. Legal Authority.
Pursuant to Sections 5 and 7 of Article XI of the California Constitution, the provisions of
the MAUCRSA, and any subsequent state legislation and/or regulations regarding same,
the City of National City is authorized to adopt ordinances that establish standards,
requirements and regulations for the licensing and permitting of commercial cannabis
activity. Any standards, requirements, and regulations regarding health and safety,
security, and worker protections established by the State of California, or any of its
departments or divisions, shall be the minimum standards applicable in the City of
National City to all commercial cannabis activity.
Section 9.60.030. Cannabis Cultivation and Commercial Cannabis Activities
Prohibited Unless Specifically Authorized by this Chapter.
1
Page 1 of 44
70 of 236
Attachment 2
Except as specifically authorized in this Chapter, the commercial cultivation, manufacture,
processing, storing, laboratory testing, labeling, sale, delivery, distribution or
transportation (other than as provided under Bus. & Prof. Code Section 26090(e)), of
cannabis or cannabis product is expressly prohibited in the City of National City.
Section 9.60.040. Compliance with State and Local Laws.
It is the responsibility of the owners and operators of the commercial cannabis business,
or any other responsible person(s), to ensure that it is, always, operating in a manner
compliant with all applicable state and local laws, and any regulations promulgated
thereunder. Nothing in this Chapter shall be construed as authorizing any actions that
violate state law or local law with respect to the operation of a commercial cannabis
business. It shall be the responsibility of the owners and the operators of the commercial
cannabis business, or any other responsible person(s), to ensure that the commercial
cannabis business is, at all times, operating in a manner compliant with all applicable
state and local laws, including the MAUCRSA, and any subsequently enacted state or
local law or regulatory, licensing, or certification requirements, and any specific, additional
operating procedures or requirements which may be imposed as conditions of approval
of the commercial cannabis business permit.
Section 9.60.050. Definitions.
All definitions pertaining to cannabis regulation that appear in Business and Professions
Code Section 26001, as codified by Senate Bill 94, MAUCRSA, are hereby incorporated
by reference. Definitions appearing in this ordinance are either those that are not covered
by state law, pre -date Proposition 64 and the MAUCRSA, or are outside the scope of
Section 26001.
(a) "Adult Use" means the use of cannabis for recreational purposes by
persons twenty-one (21) years of age or older.
(b) "Canopy" shall have the same meaning as that appearing in Title 3,
Section 8000(f) of the California Code of Regulations.
(c) "Caregiver" or "primary caregiver" has the same meaning as that term is
defined in Section 11362.7 of the California Health and Safety Code.
(d) "Distributor" shall have the same meaning as that appearing in Section
26070 of the Business and Professions Code.
(e) "Commercial cannabis business" means any business or operation which
engages in medicinal or adult -use commercial cannabis activity.
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(f) "Commercial cannabis business permit" means a regulatory permit issued
by the City of National City pursuant to this Chapter, to a commercial cannabis
business and is required before any commercial cannabis activity may be
conducted in the City of National City. The initial permit and annual renewal
of a commercial cannabis business is made expressly contingent upon the
business' ongoing compliance with all of the requirements of this Chapter,
any regulations adopted by the City of National City governing the commercial
cannabis activity at issue, and any other state and local laws and regulations.
(g) "Consumption lounge" means an area that is part of the premises of a
state -licensed, locally permitted commercial cannabis retail business, and
that is designated for consumption of cannabis or cannabis products.
(h) "Dispensing" means any activity involving the retail sale of cannabis or
cannabis products from a retailer.
(i) "Electronic Smoking Device" means an electronic device that can be used
to deliver an inhaled dose of nicotine, or other substances, including any
component, part, or accessory of such a device, whether or not sold
separately. "Electronic Smoking Device" includes any such device, whether
manufactured, distributed, marketed, or sold as an electronic cigarette, an
electronic cigar, an electronic cigarillo, an electronic pipe, an electronic
hookah, or any other product name or descriptor. "Electronic Smoking
Device" also includes cartridges, cartomizers, e-liquid, smoke juice, tips,
atomizers, Electronic Smoking Device batteries, Electronic Smoking Device
charges, and any other item specifically designed for the preparation,
charging, or use of Electronic Smoking Devices.
(j) "Limited -access area" means an area in which cannabis is stored or
held and is only accessible to some licensee and authorized personnel.
(k) "Manufactured cannabis" means raw cannabis that has undergone a
process whereby the raw agricultural product has been transformed into a
concentrate, extraction or other manufactured product intended for internal
consumption through inhalation or oral ingestion or for topical application.
(I) "Manufacturing site" means a location that produces, prepares,
propagates, or compounds cannabis or cannabis products, directly or
indirectly, by extraction methods, independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis, and is
owned and operated by a person issued a valid commercial cannabis
business permit for manufacturing from the City of National City and, a valid
state license as required for manufacturing of cannabis products.
(m) "Microbusiness" shall have the same meaning as that contained in
Section 26070(a)(3) of the Business and Professions Code.
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(n) "Non-volatile solvent" means any solvent used in the extraction process
that is not a volatile solvent as defined by state law. For purposes of this
chapter, a nonvolatile solvent includes carbon dioxide (CO2) used for
extraction and ethanol used for extraction or post -extraction processing.
(o) "Package" means any container or receptacle used for holding
cannabis or cannabis products.
(p) "Patient" or "qualified patient" shall have the same definition as California
Health and Safety Code Section 11362.7 et seq., as it may be amended,
and which means a person who is entitled to the protections of California
Health & Safety Code Section 11362.22.
(q) "Person with an identification card" shall have the meaning given that
term by California Health and Safety Code Section 11362.7.
(r) "Processing" means a cultivation site that conducts only trimming, drying,
curing, grading, packaging, or labeling of cannabis and non -manufactured
cannabis products.
(s) "Responsible person(s)" shall include but not be limited to a property
owner, tenant, manager, permit holder, or any other person with a legal
interest in the affected real property and any person in possession of the
affected real property.
(t) "Retailer" shall have the same meaning as the definition appearing in
Section 26070(a)(1) of the Business and Professions Code.
(u) "State license" means a permit or license issued by the State of
California, or one of its departments or divisions, under MAUCRSA and any
subsequent State of California legislation regarding the same to engage in
commercial cannabis activity. A state license alone will not authorize the
holder to operate a cannabis business, as state law also requires a permit
or other authorization issued by a local jurisdiction.
(v) "THC" means Tetrahydrocannabinol, the primary active ingredient in
cannabis. It is a psychotropic intoxicant causing euphoria and capable of
altering human perception and motor skills.
(x) "Topical cannabis" means a product intended for external application
and/or absorption through the skin. A topical cannabis product is not
considered a drug as defined by Section 109925 of the California Health
and Safety Code.
(y) "Transport" means the transfer of cannabis products from the permitted
business location of one licensee to the permitted business location of
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another licensee, for the purposes of conducting commercial cannabis
activity authorized by MAUCRSA which may be amended or repealed by
any subsequent State of California legislation regarding the same.
Transport can only be performed by licensed distributors and does not
include deliveries of cannabis or cannabis products.
(z) "Vape cartridge" means a small attachment to a cannabis e-cigarette
or vape pen that is a pre -filled container of cannabis oil. Vape cartridges are
sold pre -filled with cannabis concentrates which contain cannabis' active
ingredients. The liquid in such products usually contains a propylene glycol
or vegetable glycerin -based liquid with flavoring and other chemicals and
metals. Many vape cartridges are high in THC, but some contain
cannabidiol (CBD, a non -psychoactive cannabinoid used as an analgesic),
or terpenes (the chemicals that give cannabis its flavorful tastes and
aromas).
(aa) "Vaping" means the action or practice of inhaling and exhaling the
vapor produced by an electronic cigarette or similar device.
(bb) "Volatile solvent" means a solvent as defined by Health and Safety
Code Section 11362.3(b)(3) as of the effective date of this article and as
subsequently amended.
(cc) "Youth center" means any public or private facility that is primarily used
to host recreation or social activities for minors, including, but not limited to,
private youth membership organizations or clubs, social service teenage
club facilities, video arcades where 10 or more video games or game
machines or devices are operated, and where minors are legally permitted
to conduct business, or similar amusement park facilities. It shall also
include a park, playground or recreational area specifically designed to be
used by children which has play equipment installed, including public
grounds designed for athletic activities such as baseball, softball, soccer, or
basketball or any similar facility located on a public or private school
grounds, or on city, county or state parks. This definition shall not include
any private martial arts, yoga, ballet, music, art studio or similar studio of
this nature nor shall it include any private gym, athletic training facility, pizza
parlor, dentist office, doctor's office primarily serving children or a location
which is primarily utilized as an administrative office or facility for youth
programs or organizations.
Section 9.60.060. Authorization to Engage in Commercial Cannabis Business.
(a) No person may engage in any authorized commercial cannabis business or
in any commercial cannabis activity within the City of National City including
cultivation, manufacture, processing, laboratory testing, transporting,
dispensing, distribution, or sale of cannabis or a cannabis product unless
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the person has the following:
(1) a valid commercial cannabis business permit issued by the City of
National City;
(2) a valid business license issued by the City of National City;
(3) a mandatory building inspection and all required permits and approvals
which would otherwise be required for any business of the same size and
intensity operating in that zone. This includes but is not limited to obtaining
any required building permit(s), the National City Fire Department
approvals, Health Department approvals and other zoning and land use
permit(s) and approvals.
(4) a valid state license for the commercial cannabis activity corresponding
to the business permit issued by the City of National City;
(5) requisite approvals from the Planning Division of the National City
Community Development Department;
(6) a valid development agreement jointly negotiated with the City of
National City;
(7) a valid State of California Seller's Permit.
(b) No permit shall be issued pursuant to this Chapter for outdoor commercial
cannabis cultivation, which is prohibited. It is a violation of this Chapter for
any person or entity to engage in any outdoor commercial cannabis
cultivation of any kind.
Section 9.60.070. Location and Design of Cannabis Businesses.
Cannabis businesses permitted by the City of National City to engage in Cultivation,
Distribution, Manufacturing, Microbusiness, Testing Labs, or Retail ancillary to the
primary activity of the business, for cannabis and cannabis products are subject to the
following zoning and locational requirements:
(a) Cultivation, Distribution, Testing Laboratories and Microbusinesses must be
located in the following zones : IL (Light Industrial), IM (Medium Industrial),
IH (Heavy Industrial) and must meet all of the requirements for development
in these zones (see Section 18.20.020, National City Municipal Code). The
cannabis businesses must also meet all of the following distance
requirements:
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(1) It shall be no closer than six hundred (600) feet from any zoned parcel in
the City of National City designated by state law as a sensitive use, and
pursuant to Section 9.60.070 (a) (3). The distance measured shall be the
horizontal distance measured in a straight line from the property line of
those parcels in Section 9.60.070 (a) (3) to the closest property line of the
lot on which the cannabis business is located.
(2) It shall be no closer than two hundred fifty (250) feet of any residentially
zoned parcel in the City of National City as of the date the cannabis
business permit is issued. The distance between the cannabis business
and the residential parcel shall be measured from the outer boundaries of
the residential parcel to the first structure on the property seeking the
commercial cannabis permit.
(3)
It shall be no closer than six hundred (600) feet from any parcel containing
any of the following:
A. A school providing instruction in kindergarten or any grades 1
through 12, (whether public or private, or charter, including pre-school,
transitional kindergarten, and K-12);
B. A commercial daycare center licensed by the State, County or City
or that is in existence at the time the license is issued, unless the State
licensing authority or the City of National City specifies a different radius.
C. A youth center that is in existence at the time the license is issued,
unless the State licensing authority or the City of National City specifies
a different radius.
(b) Consumption lounges must be located in the following: CT (Tourist
Commercial) West of Interstate 5 and must meet all of the requirements for
development in these zones (see Section 18.20.020, National City
Municipal Code). They must also comply with the buffer zone requirements
contained in 9.60.070(a).
(c) Each proposed cannabis business project shall:
(1) Conform with the City of National City's general plan, any applicable
specific plans, master plans, and design requirements.
(2) Comply with all applicable zoning and related development
standards.
(3) Be constructed in a manner that minimizes odors to surrounding uses,
and promotes quality design and construction, and consistency with
the surrounding properties.
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Section 9.
Cannabis
(a)
(b)
(c)
(4) Be adequate in size and shape to accommodate the yards, walls,
fences, parking and loading facilities, landscaping and all items
required for the development.
(5)
(6) Be provided with adequate electricity, sewerage, disposal, water, fire
protection and storm drainage facilities for the intended purpose.
Be served by highways adequate in width and improved as necessary
to carry the kind and quantity of traffic such use will generate.
60.080. Maximum Number and Type of Authorized Commercial
Businesses Permitted.
The number of each type of commercial cannabis business that shall be
permitted to operate in the City of National City shall be established by
resolution by the City Council.
Section 9.60.080 is only intended to create a process in determining the
maximum number of commercial cannabis businesses that may be issued
permits to operate in the City of National City under each category. Nothing
in this Chapter creates a mandate that the City Council must issue any or all
of the commercial cannabis business permits if it is determined that the
applicants do not meet the standards which are established in the application
requirements, or by further amendments to the application process, or if the
City Council upon further deliberation determines that the issuance of any or
all commercial cannabis business permits will negatively impact the public
safety, welfare or other public policy concerns.
Each year following the City Council's initial award of permits, if any, or at
any time in the City Council's discretion, the City Council may reassess the
number of commercial cannabis business permits which are authorized for
issuance. The City Council at its discretion, may determine that the number
of commercial cannabis permits should stay the same, or be expanded.
Section 9.60.090. Fees and Charges.
(a)
No person may commence or continue any commercial cannabis activity in
the City of National City, without timely paying in full all fees and charges
required for the operation of a commercial cannabis activity. Fees and
charges associated with the operation of a commercial cannabis activity
shall be established by resolution of the City Council which may be
amended from time to time.
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(b) All commercial cannabis businesses authorized to operate under this
Chapter shall pay all sales, use, business and other applicable taxes, and
all license, registration, and other fees required under federal, state and
local law. Each commercial cannabis business shall cooperate with the City
of National City with respect to any reasonable request to audit the
commercial cannabis business' books and records for the purpose of
verifying compliance with this section, including but not limited to a
verification of the amount of taxes required to be paid during any period.
Section 9.60.100. Development Agreement.
Prior to operating in the City of National City and as a condition of issuance of a regulatory
permit, the operator of each cannabis facility shall enter into a Development Agreement
with the City of National City setting forth the terms and conditions under which the
cannabis facility will operate that are in addition to the requirements of this Chapter,
including, but not limited to community benefits such as public outreach and education,
community service, payment of fees and other charges as mutually agreed, and such
other terms and conditions that will protect and promote the public health, safety and
welfare.
Section 9.60.110. Evidence of Cannabis Owner(s), Representative(s) and
Employee(s) Background Check Required.
(a) Pursuant to California Penal Code Sections 11105(b)(11) and
13300(b)(11), which authorize city authorities to access state and local
criminal history information for employment, licensing, or certification
purposes, and authorize access to federal level criminal history information
by transmitting fingerprint images and related information to the Department
of Justice to be transmitted to the Federal Bureau of Investigation, every
applicant for a Certificate of Approval (including owners and other
representatives of the applicant) and every person to be employed at the
facility must submit fingerprints and other information deemed necessary by
the City of National City Chief of Police or their designee(s) for a background
check by the National City Police Department. A fee for the cost of the
background investigation, which shall be the actual cost to the City of
National City to conduct the background investigation as it deems
necessary and appropriate, including City of National City staff time and
costs, shall be paid at the time the person submits for the background
check.
(b) The criminal background check must at a minimum identify the following:
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1) Whether the individual applying for employment has ever
been convicted of a violent felony as defined by California
Penal Code 667.5, or equivalent offenses in other states;
2) Whether the individual applying for employment has ever
been convicted of a crime involving dishonesty, fraud or
deceit, including but not limited to fraud, forgery, theft, or
embezzlement as those offenses are defined in California
Penal Code Sections 186.11, 470, 484, and 504a,
respectively; or equivalent offenses in other states; or
3) Whether the individual applying for employment has ever
been convicted of the illegal use, possession, transportation,
distribution or similar activities related to controlled
substances, as defined in the Federal Controlled Substances
Act, not including cannabis -related offenses for which the
conviction occurred after the passage of the Compassionate
Use Act of 1996.
(c) Evidence of a conviction of any the offenses enumerated in Section
9.60.110(b) shall be grounds for denial of employment.
(d) Violation of this section shall be grounds for immediate suspension of the
business' operating permit. The business operator shall have the right to
an appeal pursuant to section 9.60.380.
Section 9.60.120. Persons Prohibited from Holding a Commercial Cannabis
License.
(a) Any person, including but not limited to any individual, firm, partnership, joint
venture, association, corporation, limited liability company, estate, trust,
business trust, receiver, syndicate, or any other group or combination acting
as a unit ("applicant"), in which any of the following actions or notices have
been issued for non-compliance or if they have been engaging or have
engaged in the following activity, shall be prohibited from holding a cannabis
commercial license or a cannabis business permit in the City of National City:
(1) The applicant has had a license suspended or revoked by
any City, county, City and county or any other state cannabis
licensing authority;
(2) Evidence that the applicant is delinquent in payment of
federal, state or local taxes and/or fees;
(3)
Applicant was conducting (or has conducted) commercial
cannabis activity in the City of National City in violation of local
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and/or state law.
(4) If any person enters into either a verbal or written agreement
to lease, sublease, or any other agreement for any terms of
use of the premises granted by a property owner,
commercial broker or any third party, that is in violation of
Section 9.60.060 and Section 9.60.150. Any such lease,
sublease or agreement shall not contain terms or conditions
requiring the cannabis permit licensee to pay the property
owner, commercial broker, or any third party a percentage of
gross receipts, royalties, equity, or other unreasonable
compensation as determined by the City of National City. In
addition, all leases, subleases, or other agreements must be
based on a monthly rate.
Section 9.60.130. Persons Prohibited from Employment by a Commercial Cannabis
Business.
(a) Any person, including but not limited to any individual, firm, partnership, joint
venture, association, corporation, limited liability company, estate, trust,
business trust, receiver, syndicate, or any other group or combination acting
as a unit, in which any of the following actions or notices have been issued for
non-compliance or if they have been engaging or have engaged in the
following activity, shall be prohibited from employment with a cannabis
business permittee in the City of National City:
(1) The person has had a license suspended or revoked by any City,
County, or City and County, or any other state cannabis licensing
authority;
(2) Evidence that the person is delinquent in payment of federal, state
or local taxes and/or fees.
(3) The person was conducting commercial cannabis activity in the City
of National City in violation of local and/or state law.
Section 9.60.140. Certification from the Community Development Department.
Prior to submitting any applications for a commercial cannabis business, applicant must
first obtain a certification from the City of National City Community Development
Department or its designee(s) certifying that the business is located on a site that meets
all of the requirements of Sections 9.60.070 and 9.60.230 of this Chapter.
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Section 9.60.150. Right to Occupy and to Use Property.
Prior to submitting any applications for a commercial cannabis business, applicant must
obtain approval from the owner of the real property where the proposed commercial
cannabis business will be located (if approved). Applicants are not required to have a
signed lease, but a letter from the property owner indicating that:
(a) The property owner is aware of and approves of the use being proposed.
(b) The property owner will lease the property to the cannabis related use upon
approval of the application.
(c) The property owner understands that licenses for cannabis related uses are for
one year and can be revoked at the City of National City's sole discretion with
or without reason.
Property owners are permitted to issue letters detailing such contingent lease agreements
for a maximum of two (2) independent applicants.
In the event the proposed location will be leased from the property owner, the applicant
shall be required to provide a signed and notarized statement from the owner of the
property, acknowledging that the property owner has read this Chapter and consents to
the operation of the commercial cannabis business on the owner's property.
Section 9.60.160. Application Procedure for a Cannabis Business Permit.
(a) The City of National City will establish by administrative policies and
procedures promulgated by the City Manager or their designee the
procedures to prepare the necessary forms, adopt any necessary rules
related to the application process, solicit applications, and conduct initial
evaluations of the applicants.
(b) At the time of filing, each applicant shall pay an application fee established
by resolution of the City Council, to cover all costs incurred by the City of
National City in the application process.
(c) The application procedure process shall include a component on
community benefits. Any community benefits that a commercial cannabis
business agrees to provide shall be incorporated into the terms and
conditions under which the commercial cannabis business will operate with
the City of National City's approval, if and when a Development Agreement
is issued. Such terms and conditions shall be in addition to the
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requirements of this Chapter. The City of National City may establish the
procedures for determining community benefits by Resolution and/or by the
implementation of administrative policies and procedures promulgated by
the City Manager or their designee.
(d) The City of National City's Reservation of Rights.
The City of National City reserves the right to reject any or all applications.
Prior to permit issuance, the City of National City may also modify,
postpone, or cancel any request for applications, or the entire program
under this Chapter, at any time without liability, obligation, or commitment
to any party, firm, or organization, to the extent permitted under California
state law. Persons submitting applications assume the risk that all or any
part of the program, or any particular category of permit potentially
authorized under this Chapter, may be cancelled at any time prior to permit
issuance. The City of National City further reserves the right to request and
obtain additional information from any candidate submitting an application.
(e) Grounds for Rejection of Application.
In addition to a failure to comply with other requirements in this Chapter, an
application risks being rejected for any of the following reasons:
(1) The application was received after the designated time and
date of the deadline.
(2) The application did not contain the required elements,
exhibits, or was not organized in the required format.
(3)
The application was considered not fully responsive to the
request for a permit application, i.e. was substantially
incomplete.
Section 9.60.180. Operations Plan and Standards.
A Certificate of Approval issued by the Planning Division of the National City Community
Development Department for a facility must include, as conditions of approval, the
operating standards set forth below. In addition, the Certificate of Approval must
incorporate by reference an Operations Plan approved by the City of National City Chief
of Police, that implements not only the operating standards set forth in this Chapter, but
such additional conditions that the City of National City Chief of Police finds reasonably
necessary to implement this Chapter when considering the location, size and other
characteristics of the proposed facility.
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Section 9.60.190. Limitations on City's Liability.
To the fullest extent permitted by law, the City of National City shall not assume any
liability whatsoever with respect to having issued a commercial cannabis business permit
pursuant to this Chapter or otherwise approving the operation of any commercial
cannabis business. As a condition to the approval of any commercial cannabis business
permit, the applicant shall be required to meet all of the following conditions before they
can receive the commercial cannabis business permit:
(a) Execute an agreement, in a form approved by the City of National City City
Attorney or their designee, agreeing to indemnify, defend (at applicant's
sole cost and expense), and hold the City of National City, and its officers,
officials, employees, representatives, and agents, harmless, from any and
all claims, losses, damages, injuries, liabilities or losses which arise out of,
or which are in any way related to, the City of National City's issuance of
the commercial cannabis business permit, the City of National City's
decision to approve the operation of the commercial cannabis business or
activity, the process used by the City of National City in making its decision,
or the alleged violation of any federal, state or local laws by the commercial
cannabis business or any of its officers, employees or agents.
(b) Maintain insurance at coverage limits, and with conditions thereon
determined necessary and appropriate from time to time by the City
Manager, City Attorney, and the City's Risk Manager or their designee.
(c) Reimburse the City of National City for all costs and expenses, including
but not limited to legal fees and costs and court costs, which the City of
National City may be required to pay as a result of any legal challenge
related to the City of National City's approval of the applicant's commercial
cannabis business permit, or related to the City of National City's approval
of a commercial cannabis activity. The City of National City may, at its sole
discretion, participate at its own expense in the defense of any such action,
but such participation shall not relieve any of the obligations imposed
hereunder.
Section 9.60.200. Restriction on Alcohol & Tobacco Sales.
(a) No person shall cause or permit the sale, dispensing, or consumption of
alcoholic beverages on or about the premises of the commercial cannabis
business.
(b) No person shall cause or permit the sale of tobacco products on or about
the premises of the commercial cannabis business.
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Section 9.60.225. Restriction on Consumption of Cannabis or other Substances.
No person shall consume cannabis, cannabis products, tobacco or alcohol on the
premises of any commercial cannabis business. The sole exception shall be authorized
cannabis consumption lounges of which tobacco and alcohol shall also be prohibited.
Section 9.60.230. General Operating Requirements for all Commercial Cannabis
Businesses.
(a) Commercial cannabis businesses may operate only during the hours
specified in the commercial cannabis business permit issued by the City.
No person under the age of twenty-one (21) shall operate, maintain, be
employed at, or be issued a permit for, a commercial cannabis business of
any kind.
(b) No cannabis or cannabis products or graphics depicting cannabis or
cannabis products shall be visible from the exterior of any property issued
a commercial cannabis business permit, or on any of the vehicles owned or
used as part of the commercial cannabis business. No outdoor storage of
cannabis or cannabis products is permitted at any time.
(c) Reporting and Tracking of Product and of Gross Sales with an accounting
software system capable of providing point of sale data as well as audit
trails or both product and cash, where applicable. Each commercial
cannabis business shall have in place a point -of -sale or management
inventory tracking system to track and report on all aspects of the
commercial cannabis business including, but not limited to, such matters as
cannabis tracking, inventory data, gross sales (by weight and by sale) and
other information which may be deemed necessary by the City of National
City. The commercial cannabis business shall ensure that such information
is compatible with the City of National City's record -keeping systems. In
addition, the system must have the capability to produce historical
transactional data for review. Furthermore, any system selected must be
approved and authorized by the City Manager or their designee prior to
being used by the permittee.
(d) All cannabis and cannabis products sold, distributed or manufactured shall
be cultivated, manufactured, and transported by licensed facilities that
maintain operations in full conformance with the State and local regulations.
(e) Emergency Contact. Each commercial cannabis business shall provide the
City Manager and the City Chief of Police or their designee with the name,
telephone number (both land line and mobile, if available) of an on -site
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employee or owner to whom emergency notice can be provided at any hour
of the day.
(f) Signage and Notices.
(1) In addition to the requirements otherwise set forth in this section,
business identification signage for a commercial cannabis business
shall conform to the requirements of the City of National City
ordinance, Chapter 18.47, including, but not limited to, seeking the
issuance of a City of National City sign permit.
(2) No signs placed on the premises of a commercial cannabis business
shall obstruct any entrance or exit to the building or any window.
(3) Each entrance to a commercial cannabis business shall be visibly
posted with a clear and legible notice indicating that smoking,
ingesting, or otherwise consuming cannabis on the premises or in
the areas adjacent to the commercial cannabis business is
prohibited. This provision shall not apply to consumption lounges
(see Section 9.60.265).
(4) Business identification signage shall be limited to that needed for
identification only and shall not contain any logos or information that
identifies, advertises, or lists the services or the products offered. No
commercial cannabis business shall advertise by having a person
holding a sign and advertising the business to passersby, whether
such person is on the premises of the commercial cannabis business
or elsewhere including, but not limited to, the public right-of-way.
(5) Signage shall not depict any image of cannabis or cannabis
products. No banners, flags, billboards or other prohibited signs may
be used at any time.
(6) In accordance with state law and regulations or as stipulated in the
City of National City regulatory permit, holders of a commercial
cannabis business permit shall agree that, as an express and
ongoing condition of permit issuance and subsequent renewal, the
holder of the permit shall be prohibited from advertising any
commercial cannabis business located in the City of National City
utilizing a billboard (fixed or mobile), bus shelter, placard, aircraft, or
other similar forms of advertising. This paragraph is not intended to
place limitations on the ability of a commercial cannabis business to
advertise in other legally authorized forms, including on the internet,
in magazines, or in other similar ways.
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(g) Minors.
(1) Persons under the age of twenty-one (21) years shall not be allowed
on the premises of a commercial cannabis business and shall not be
allowed to serve as a driver for a mobile delivery service. It shall be
unlawful and a violation of this Chapter for any person to employ any
person at a commercial cannabis business who is not at least twenty-
one (21) years of age.
(2) Notwithstanding Section 9.60.230(g)(1), persons aged eighteen (18)
to twenty (20) years shall be allowed on the premises of a
commercial cannabis business if they can produce a physician's
recommendation. In that event, such persons can lawfully purchase
cannabis for the sole purpose of addressing the medical need that is
the subject of the physician's recommendation. This provision shall
not apply to consumption lounges. Only persons twenty-one (21) and
older shall be granted admittance to consumption lounges. Access
to persons under twenty-one (21) is prohibited.
(3)
The entrance to the commercial cannabis business shall be clearly
and legibly posted with a notice that no person under the age of
twenty-one (21) years of age is permitted to enter upon the premises
of the commercial cannabis business.
(h) Odor Control. Odor control devices and techniques shall be incorporated in
all commercial cannabis businesses to ensure that odors from cannabis are
not detectable off -site. Commercial cannabis businesses shall provide a
sufficient odor absorbing ventilation and exhaust system so that odor
generated inside the commercial cannabis business that is distinctive to its
operation is not detected outside of the facility, anywhere on adjacent
property or public rights -of -way, on or about the exterior or interior common
area walkways, hallways, breezeways, foyers, lobby areas, or any other
areas available for use by common tenants or the visiting public, or within
any other unit located inside the same building as the commercial cannabis
business. As such, commercial cannabis businesses must install and
maintain the following equipment, or any other equipment which the City
Manager or their designee determine is a more effective method or
technology:
(1) An exhaust air filtration system with odor control that prevents
internal odors from being emitted externally;
(2) An air system that creates negative air pressure between the
commercial cannabis business's interior and exterior, so that the
odors generated inside the commercial cannabis business are not
detectable on the outside of the commercial cannabis business.
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(I)
Display of Permit and City Business License. The original copy of the
commercial cannabis business permit and the business license issued by
the City of National City pursuant to this Chapter shall be posted inside the
commercial cannabis business in a location readily visible to the public.
(j) Background Check. Pursuant to California Penal Code Sections
11105(b)(11) and 13300(b)(11), which authorizes City of National City
authorities to access state and local summary criminal history information
for employment, licensing, or certification purposes; and authorizes access
to federal level criminal history information by transmitting fingerprint
images and related information to the Department of Justice to be
transmitted to the Federal Bureau of Investigation, every person listed as
an owner, manager, supervisor, employee, contract employee or who
otherwise works in a commercial cannabis business must submit
fingerprints and other information deemed necessary by the Chief of Police
or their designee(s) for a background check by the City of National City
Police Department. Pursuant to California Penal Sections 11105(b)(11)
and 13300(b)(11), which requires that there be a requirement or exclusion
from employment, licensing or certification based on specific criminal
conduct on the part of the subject of the record. No person shall be issued
a permit to operate a commercial cannabis business or a related work
permit unless they have first cleared the background check, as
determined by the City of National City Chief of Police or their designee,
as required by this section. A fee for the cost of the background
investigation, which shall be the actual cost to the City of National City to
conduct the background investigation as it deems necessary and
appropriate, shall be paid at the time the application for a commercial
cannabis business permit is submitted. Evidence of a conviction of any of
the offenses enumerated in Business and Professions Code Section
26057(b)(4), absent a Certificate of Rehabilitation, shall be grounds for
immediate disqualification of the applicant.
(k) Loitering. The owner and/or operator of a commercial cannabis business
shall prohibit loitering by persons outside the facility both on the premises
and within fifty (50) feet of the premises. The cannabis business shall notify
the National City Police Department if anyone continues to loiter around the
building or premises after all reasonable action has been taken to remove
the individual(s) and the action has failed to do so in a timely manner.
(I)
Employee Training and Customer Education. Each commercial cannabis
operator shall establish minimum training standards for all employees,
including but not limited to the variety of products offered for sale, their
potency, absorption time if known, and effects of the products. Employees
shall educate all customers on these items in an effort to ensure responsible
consumption. The retailer shall provide with each purchase educational
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(m)
brochures containing this information. The City Manager, Chief of Police or
their designee shall have the discretion to require other training for the
business operations as they find necessary under any circumstances.
Security Requirements. A permitted commercial cannabis business shall
implement sufficient security measures to deter and prevent the
unauthorized entrance into areas containing cannabis or cannabis
products, and to deter and prevent the theft of cannabis or cannabis
products at the commercial cannabis business. Except as may otherwise
be determined by the City Manager, Chief of Police or their designee, these
security measures shall include, but may not be limited to, all of the
following:
(1) Alarm system (perimeter, fire, and panic buttons).
(2) Remote monitoring of alarm systems by a security
company licensed by the State of California Bureau of
Security and Investigative Services.
(3) Perimeter lighting systems (including motion sensors) for
after-hours security.
(4) Perimeter security and lightning as approved by the Chief
of Police or the Community Development Department or their
designee.
(5) Preventing individuals from remaining on the premises of
the commercial cannabis business if they are not engaged in
an activity directly related to the permitted operations of the
commercial cannabis business.
(6) Establishing limited access areas accessible only to
authorized commercial cannabis business personnel.
(7) Except for live growing plants which are being cultivated
at a cultivation operation, all cannabis and cannabis products
shall be stored in a secured and locked vault or vault
equivalent. All safes and vaults shall be compliant with
Underwriter Laboratories burglary -resistant and fire-resistant
standards. All cannabis and cannabis products, including live
plants that are being cultivated, shall be kept in a manner as
to prevent diversion, theft, and loss.
(8) Installing 24-hour security surveillance cameras of at least
HD -quality to monitor all entrances and exits to and from the
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premises, all interior spaces within the commercial cannabis
business which are open and accessible to the public, all
interior spaces where cannabis, cash or currency, is being
stored for any period of time on a regular basis and all interior
spaces where diversion of cannabis could reasonably occur.
All cameras shall record in color. All exterior cameras shall
be in weather-proof enclosures, shall be located so as to
minimize the possibility of vandalism, and shall have the
capability to automatically switch to black and white in low light
conditions. Video recordings shall be maintained for a
minimum of ninety (90) days and shall be made available to
the City Manager or their designee upon request. Video shall
be of sufficient quality for effective prosecution of any crime
found to have occurred on the site of the commercial cannabis
business and shall be capable of enlargement via projection
or other means.
(9) Sensors shall be installed to detect entry and exit from all
secure areas and shall be monitored in real time by a security
company licensed by the State of California Bureau of
Security and Investigative Services.
(10) Panic buttons shall be installed in all commercial
cannabis businesses with direct notification to the National
City Police Department dispatch and shall be configured to
immediately alert dispatch for the National City Police
Department.
(11) Any bars installed on the windows or the doors of the
commercial cannabis business shall be installed only on the
interior of the building in compliance with all federal, state and
local laws.
(12) Security personnel shall be on -site 24 hours a day or
alternative security as authorized by the City Manager, Chief
of Police or their respective designee and must have a
verified response security patrol when closed. Security
personnel must be licensed by the State of California Bureau
of Security and Investigative Services personnel and shall be
subject to the prior review and approval of the City Manager,
Chief of Police or their respective designee, with such
approval not to be unreasonably withheld. Firearms may be
carried by security personnel while they are on duty, if
authorized by the San Diego County Sheriff's Department.
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(13) Each commercial cannabis business shall have the
capability to remain secure during a power outage and shall
ensure that all access doors are not solely controlled by an
electronic access panel to ensure that locks are not released
during a power outage.
(14) Entrance areas are to be locked at all times and under
the control of a designated responsible party that is either; (a)
an employee of the commercial cannabis business; or (b) a
licensed security professional.
(15) Each commercial cannabis business shall demonstrate
to the Chief of Police, City Manager or their designee,
compliance with the state's track and trace system for
cannabis and cannabis products, as soon as it is operational.
(16) Each commercial cannabis business shall have a
professionally installed video surveillance system, access
control and intrusion alarm systems designed to protect the
inventory, facility, and employees. Each business shall have
network security protocols that are certified by Underwriters
Laboratories.
(17) Exterior vegetation shall be planted, altered and
maintained in a fashion that precludes its use as a hiding
place for persons on the premises.
(18) Emergency access and emergency evacuation plans
that are in compliance with state and local fire safety
standards.
(19) Each commercial cannabis business shall identify a
designated security representative/liaison to the City of
National City, who shall be reasonably available to meet with
the City Manager or the Chief of Police or their designee
regarding any security related measures or and operational
issues. The designated security representative/liaison shall,
on behalf of the commercial cannabis business, annually
maintain a copy of the current security plan on the premises
of the business, to present to the City Manager and Chief of
Police or their designee upon request that meets the
requirements of Section 9.60.230(m).
(20) As part of the application and permitting process each
commercial cannabis business shall have a storage
and transportation plan, which describes in detail the
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procedures for safely and securely storing and transporting all
cannabis, cannabis products, any hazardous materials that
may be used by the business, and any currency.
(21) The commercial cannabis business shall cooperate
with the City of National City whenever the City Manager or
Chief of Police or their designee makes a request, with or
without prior notice, to inspect or audit the effectiveness of any
security plan or of any other requirement of this Chapter.
(22) A commercial cannabis business shall notify the City
Manager and the Chief of Police or their designee(s) within
twenty-four (24) hours of discovering any of the following:
(a) Significant discrepancies identified during
inventory. The level of significance shall be
determined by the regulations promulgated by
the City Manager and the Chief of Police or their
designee(s).
(b) Diversion, theft, loss, or any criminal activity
involving the commercial cannabis business or
any agent or employee of the commercial
cannabis business.
(c) The loss or unauthorized alteration of records
related to cannabis, customers or employees or
agents of the commercial cannabis business.
(d) Any other breach of security.
(23) Compliance with the foregoing requirements shall be
verified by the City Manager or their designee prior to
commencing business operations. The City Manager or their
designee may supplement these security requirements once
operations begin, subject to review by the City Manager if
requested by the business owner.
(24) Retailers and microbusinesses authorized to conduct
retail activities shall only serve customers who are within the
licensed premises, or at a delivery address that meets the
requirements of this division.
(1) The sale and delivery of cannabis goods shall
not occur through a pass -through window or a
slide -out tray to the exterior of the premises.
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(2) Retailers or microbusinesses shall not operate
as or with a drive-in or drive -through at which
cannabis goods are sold to persons within or
about a motor vehicle.
(3)
No cannabis goods shall be sold and/or
delivered by any means or method to any
person within a motor vehicle.
(4) All cannabis goods sold by a retail business
shall be contained in child -resistant packaging.
(5) Retailers shall record point -of -sale areas and
areas where cannabis goods are displayed for
sale on the video surveillance system. At each
point -of -sale location, camera placement must
allow for the recording of the facial features of
any person purchasing or selling cannabis
goods, or any person in the retail area, with
sufficient clarity to determine identity. A retail
licensee or microbusiness licensee who is
engaged in retail sale shall hire or contract for
security personnel who are at least twenty-one
(21) years of age to provide security services for
the licensed retail premises. All security
personnel hired or contracted for by the licensee
shall be licensed by the Bureau of Security and
Investigative Services and shall comply with
Chapters 11.4 and 11.5 of Division 3 of the
Business and Professions Code.
(n) Records and Recordkeeping.
(1) Each owner and operator of a commercial cannabis business shall
maintain accurate books and records in an electronic format, detailing
all of the revenues and expenses of the business, and all of its assets
and liabilities. On no less than an annual basis (at or before the time of
the renewal of a commercial cannabis business permit issued pursuant
to this Chapter), or at any time upon reasonable request of the City of
National City, each commercial cannabis business shall file a sworn
statement detailing the number of sales by the commercial cannabis
business during the previous twelve (12) month period (or shorter period
based upon the timing of the request), provided on a per -month basis.
The statement shall also include gross sales for each month, and all
applicable taxes and fees paid or due to be paid. On an annual basis,
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each owner and operator shall submit to the City a financial audit of the
business's operations conducted by an independent certified public
accountant. Each permittee shall be subject to a regulatory compliance
review and financial audit as determined by the City Manager or their
designee(s).
(2) Each owner and operator of a commercial cannabis business shall
maintain a current register of the names and the contact information
(including the name, address, and telephone number) of anyone owning
or holding an interest in the commercial cannabis business, and
separately of all the officers, managers, employees, agents and
volunteers currently employed or otherwise engaged by the commercial
cannabis business. The register required by this paragraph shall be
provided to the City Manager or their designee(s) upon a reasonable
request.
(3) If an applicant operated a cannabis collective, cooperative, or other
business prior to the enactment of MAUCRSA, then once a state license
is obtained, the commercial cannabis business must maintain such
records only to the extent permitted or required by MAUCRSA.
(4) All commercial cannabis businesses shall maintain an inventory control
and reporting system that accurately documents the present location,
amounts, and descriptions of all cannabis and cannabis products for all
stages of the growing and production or manufacturing, laboratory
testing and distribution processes until purchase as set forth
MAUCRSA.
(5) Each commercial cannabis business shall allow the City of National City
officials to have access to the business's books, records, accounts,
together with any other data or documents relevant to its permitted
commercial cannabis activities, for the purpose of conducting an audit
or examination at any time during the business's business hours. If not
otherwise available, books, records, accounts, and any and all relevant
data or documents will be produced no later than twenty-four (24) hours
after receipt of the City's request, unless otherwise stipulated by the City.
The City may require the materials to be submitted in an electronic
format that is compatible with the City's software and hardware.
(o) Sale of Certain Items Prohibited. It shall be a violation of this Chapter for
any commercial cannabis business to sell or offer for sale, possess, give,
provide, or to possess with intent to sell or offer for sale, give or provide,
any vape products including vape cartridges, flavored or unflavored,
electronic cigarettes or other electronic smoking devices, or flavored
tobacco products. All such sales or possession are strictly prohibited.
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Section 9.60.240. Amendments to General Operating Requirements.
The City Manager or their designee may develop other commercial cannabis business
operational requirements or regulations as are determined to be necessary to protect the
public health, safety and welfare.
Section 9.60.250. Additional Operating Requirements for Store Front Retail
Facilities.
(a) Retailers shall verify the age and all necessary documentation of each individual to
ensure the customer is not under the age of eighteen (18) years. If the potential
customer is eighteen (18) to twenty (20) years old, retailer shall confirm the
customer's possession of a valid doctor's recommendation and/or Health and Safety
Code Section 11362.71 identification card (Medical Cannabis Card). For adult use
or recreational purchases, retailers shall verify that all customers are twenty-one (21)
years of age or older for the purchase of cannabis or cannabis products.
(1) Access to the premises of a retail licensee/permittee shall be limited to
individuals who are at least twenty-one (21) years of age.
(2) Notwithstanding Section 9.60.250 (a)(1), individuals who are at least
eighteen (18) years of age and in possession of a valid physician's
recommendation shall be granted access to the premises of a retail
licensee/permittee for the sole purpose of purchasing medicinal
cannabis consistent with the physician's recommendation.
(3)
All individuals seeking access to the commercial cannabis retail
business must show their government -issued identification, and, if
appropriate, doctor's recommendation of Medical Cannabis card, in
order to gain access into the retailer. These documents must also be
shown at the point of sale station at the time of purchase. Doctor
recommendations are not to be obtained or provided at the retail
location.
(b) Entrances into the retailer shall be locked at all times with entry strictly
controlled. A "buzz -in" electronic/mechanical entry system shall be utilized to
limit access to and entry to the retailer to separate it from the reception/lobby
area.
(c) Retailers may have only that quantity of cannabis and cannabis products to
meet the daily demand readily available for sale on -site in the retail sales area
of the retailer. Additional product may be stored in a secured, locked area to
which customers, vendors, and visitors shall not have access.
(d) All restroom facilities shall remain locked and under the control of management.
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(e) Limited Access Areas. A retailer shall establish limited -access areas and
permit only authorized individuals to enter the limited -access areas. Authorized
individuals include individuals employed by the retailer as well as any outside
vendors, contractors, or other individuals conducting business that requires
access to the limited access area. All individuals granted access to the limited
access area shall be at least twenty-one (21) years of age, and if not employed
by the retailer, shall be escorted at all times by an employee of the
licensee/permittee. A retailer shall maintain a log of all individuals who are not
employees who are granted access to the limited access area. These logs
shall be made available to the City of National City Chief of Police or the
Development Services Director upon request.
Microbusiness — Commercial Activity. All cultivation, manufacturing,
distribution, and retail activities performed by a licensee under a Type 12-
Microbusiness permit shall occur on the same licensed premises. Areas of the
premises for manufacturing and cultivation shall be separated from the
distribution and retail areas by a wall and all doors between the areas shall
remain closed when not in use.
(f)
(g) Operating hours of the Store Front Retailer License shall be limited to the hours
of 9:00 a.m. through 9:00 p.m., seven days a week.
(h) Store Front/Retail Security Requirements. All provisions incorporated within
Section 9.60.230(m) of this Chapter (Security Requirements), are directly
applicable to and binding on all commercial cannabis businesses, including all
Store Front/Retail businesses. Uniformed licensed security personnel shall be
employed to monitor site activity, control loitering and site access, and to serve
as a visual deterrent to unlawful activities. Security personnel may be allowed
to carry firearms if authorized by San Diego County Sheriff's Department.
Section 9.60.260. Additional Operating Requirements for Non -Store Front Retail
Facilities.
All Store Front Retailers, Non -Store Front Retailers (delivery) and Microbusinesses which
conduct deliveries into or within the City of National City shall be required to obtain a
delivery permit from the City of National City in order to conduct retail sales regardless if
they are located in the City or another local jurisdiction.
(a) Operating hours of the Non -Store Front Retailer License shall be limited to
the hours of 9:00 a.m. through 9:00 p.m., seven days a week.
(b) The commercial Non -Store Front Retailer shall only sell cannabis or
cannabis products to a natural person twenty-one (21) years of age or older,
or a natural person eighteen (18) years of age or older who possesses a
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physician's recommendation for cannabis medical use only. The age and/or
any necessary documentation including a valid doctor's recommendation of
each medical customer shall be verified. Doctor recommendations are not
to be obtained or provided at the retail location.
(c) The commercial cannabis Non -Store Front Retailer may only have on -site
that quantity of cannabis and cannabis products reasonably anticipated to
meet the weekly demand for which they may need to be readily available
for sale.
Section 9.60.265. Operating Requirements for Consumption Lounges.
(a) Any consumption lounge operating within the City of National City must be
contained within the premises of a state -licensed retail business or
microbusiness, must be locally permitted pursuant to Section 9.60.140,
must meet the other requirements of this Chapter, and must be compliant
with the following additional requirements:
(1) Access to the area where cannabis consumption is allowed is
restricted to persons twenty-one (21) years of age or older.
(2) Cannabis consumption is not visible from any public place or non -age -
restricted area.
(3) Sale or consumption of alcohol or tobacco is not allowed on the
premises.
(4) Patrons cannot bring cannabis, tobacco or alcohol or other substances
into the consumption lounge — they can only consume whatever
cannabis they purchase on site.
(b) An applicant must obtain a secondary on -site consumption permit in order
for cannabis to be consumed on the premises of an adult -use retail business
and shall comply with the following
(1) Cannabis consumption areas shall be well ventilated private areas of the
retail establishment and are designed to prevent the flow of smoke to
any other area of the establishment.
(c) A commercial cannabis retail business with a retail lounge on its premises
shall adopt procedures ensuring that its customers may only gain access to
the lounge once they have purchased a product or products from the retail
business.
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(d) Vaping is strictly prohibited. The possession or use of vape pens, electronic
cigarettes, any type of electronic smoking device, or vape cartridges, both
flavored and unflavored, on the premises of a consumption lounge shall be
a violation of this Chapter.
The on -site sale of food is permitted. A Permittee shall comply with laws
governing Cannabis Businesses and retail food establishments, including
but not limited to the California Retail Food Code.
The owner/operator of the consumption lounge shall be responsible for
maintaining dedicated and sufficient staff during operating hours to verify
the identity and age of all patrons seeking admittance to the lounge.
Persons under twenty-one (21) shall be denied entry without exception.
The owner/operator of the consumption lounge shall be responsible for
ensuring that a state -licensed security guard is on duty during operating
hours.
The City Manager or his/or designee shall establish conditions for approval
for each onsite consumption permit including but not limited to a parking
plan, ventilation plan, anti -drugged driving plan, design plan, and set hours
of operation. Set hours of operation may only be adjusted by submitting a
written request to and obtaining approval from city.
(j) Cannabis consumption areas shall only provide cannabis to an individual
in an amount consistent with personal possession and use limits allowed
by the state.
Section 9.60.270. In -City Delivery Vehicle Requirements.
Prior to commencing delivery operations, any locally permitted cannabis retail operation
shall provide the following information to the City of National City:
(a) Proof of ownership of the vehicle or a valid lease for all vehicles that will be
used to deliver cannabis or cannabis products.
(b) The year, make, model, color, license plate number, and numerical Vehicle
Identification Number (VIN) for all vehicles that will be used to deliver
cannabis goods.
(c) Proof of insurance as required in Section 9.60.210(b) for any and all
vehicles being used to deliver cannabis goods.
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(d) The licensee shall provide the City with any changes to the information
required by this section in writing within thirty (30) calendar days.
Section 9.60.275. Out -of -City Delivery Vehicle Requirements.
Prior to commencing operations, a cannabis out of City of National City delivery service
shall comply with the following requirements:
(a) Obtain from the City a permit authorizing the delivery of cannabis and
cannabis products within the City limits. A copy of this permit shall be
retained by all drivers.
(b) The retail business operating the delivery service shall provide the City
Manager or their designee, with evidence of a valid state license for a
commercial cannabis business on whose authorization the delivery service
is performing the delivery function.
(c) The retail business operating the delivery service shall furnish to the City
Manager or their designee, the year, make, model, color, license plate
number, and numerical Vehicle Identification Number (VIN) for any and all
vehicles that will be used to deliver cannabis goods.
Section 9.60.280. Additional Operating Requirements for a Cultivation Facility
Operation.
(a) Outdoor Commercial Cultivation is prohibited.
(b) In no case, shall cannabis plants be visible from a public or private road,
sidewalk, park or any common public viewing area.
(c) Cannabis cultivation shall be conducted in accordance with state and local
laws related to land conversion, grading, electricity, water usage, water
quality, woodland and riparian habitat protection, agricultural discharges,
and similar matters.
(d) Pesticides and fertilizers shall be properly labeled and stored to avoid
contamination through erosion, leakage or inadvertent damage from pests,
rodents or other wildlife.
(e) The cultivation of cannabis shall at all times be operated in such a way as
to ensure the health, safety, and welfare of the public, the employees
working at the commercial cannabis business, visitors to the area,
neighboring properties, and the end users of the cannabis being cultivated,
to protect the environment from harm to streams, fish, and wildlife; to ensure
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(f)
the security of the cannabis being cultivated; and to safeguard against the
diversion of cannabis.
All applicants for a cannabis cultivation permit shall submit to the following
in addition to the information generally otherwise required for a commercial
cannabis business:
(1) A cultivation and operations plan that meets or exceeds minimum
legal standards for water usage, conservation and use; drainage,
runoff, and erosion control; watershed and habitat protection; and
proper storage of fertilizers, pesticides, and other regulated products
to be used on the parcel, and a description of the cultivation activities
and schedule of activities during each month of growing and
harvesting, or explanation of growth cycles and anticipated
harvesting schedules for all -season harvesting.
(2) A description of a legal water source, irrigation plan, and projected
water use.
(3)
Identification of the source of electrical power and plan for
compliance with applicable Building Codes and related codes.
(4) Plan for addressing odor and other public nuisances that may derive
from the cultivation site.
Section 9.60.290. Additional Operating Requirements for Distributors.
(a) A distributor shall not store non -cannabis goods or non -cannabis
accessories that are to be sold to another party on any licensed premises.
Additionally, a distributor shall not distribute non -cannabis goods or non -
cannabis accessories at a licensed premise. For the purposes of this
section, non -cannabis goods are any goods that do not meet the definition
of cannabis goods as defined in Title 16, Section 5000(c) of the California
Code of Regulations.
(b) After taking physical possession of a cannabis goods batch, the distributor
shall contact a testing laboratory and arrange for a laboratory employee to
come to the distributor's licensed premises to select a representative
sample for laboratory testing.
(c) A distributor shall ensure that all cannabis goods are stored separately and
distinctly from other cannabis goods on the distributor's premises.
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(d) The distributor shall ensure that the batch size from which the sample is
taken meets the requirements of state law, specifically the testing provisions
within the California Code of Regulations.
(e) A distributor or an employee of the distributor shall be physically present to
observe the laboratory employee obtain the sample of cannabis goods for
testing and shall ensure that the increments are taken from throughout the
batch. The sampling shall be video -recorded, and the recording kept
available to state and local authorities for a minimum of one hundred eighty
(180) days, pursuant to Title 16, Section 5305 of the California Code of
Regulations.
A distributor shall not transport cannabis or cannabis products to a licensed
retail facility until and unless it has verified that the cannabis or cannabis
products have been tested and certified by a testing lab as being in
compliance with state health and safety requirements pursuant to Title 16,
Sections 5705, 5710 and 5714 of the California Code of Regulations.
(f)
Section 9.60.300. Additional Operating Requirements for Testing Labs.
(a) Testing Labs shall be required to conduct all testing in a manner pursuant to
Business and Professions Code Section 26100 and shall be subject to state
and local law. Each Testing Lab shall be subject to additional regulations as
determined from time to time as more regulations are developed under this
Chapter and any subsequent State of California legislation regarding the
same.
(b) Testing Labs shall conduct all testing in a manner consistent with general
requirements for the competence of testing and calibrations activities,
including sampling using verified methods.
(c) All cannabis testing laboratories performing testing shall obtain and maintain
ISO/IEC 17025 accreditation as required by the Bureau of Cannabis Control.
(d) Testing labs shall destroy any harvest batch whose testing sample indicates
noncompliance with health and safety standards required by the bureau
unless remedial measures can bring the cannabis or cannabis products into
compliance with quality standards as specified by law and implemented by
the bureau.
(e) Each operator shall ensure that a testing laboratory employee takes the
sample of cannabis or cannabis products from the distributor's premises for
testing required by state law and that the testing laboratory employee
transports the sample to the testing laboratory.
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(f)
(g)
Except as provided by state law, a testing laboratory shall not acquire or
receive cannabis or cannabis products except from a licensee in accordance
with state law, and shall not distribute, sell, or dispense cannabis, or cannabis
products, from the licensed premises from which the cannabis or cannabis
products were acquired or received. All transfer or transportation shall be
performed pursuant to a specified chain of custody protocol.
A testing laboratory may receive and test samples of cannabis or cannabis
products from a qualified patient or primary caregiver only if the qualified
patient or primary caregiver presents the qualified patient's valid physician's
recommendation for cannabis for medicinal purpose. A testing lab shall not
certify samples from a qualified patient or primary caregiver for resale or
transfer to another party or licensee. All tests performed by a testing
laboratory for a qualified patient or primary caregiver shall be recorded with
the name of the qualified patient or primary caregiver and the amount of the
cannabis or cannabis products received.
Section 9.60.310. Additional Operating Requirements for Cannabis Manufacturing:
Edibles and Other Cannabis Products; Sale or Distribution of Edible and Other
Cannabis Products.
Cannabis manufacturing shall only be permitted pursuant to state law, this chapter and
or any subsequently created manufacturing state license as defined in MAUCRSA, and
may be permitted to operate only within those zone districts as defined in Section
9.60.070 of this Chapter and Section 18.20.020 of the City of National City Municipal
Code.
Any compressed gases used in the manufacturing process shall not be stored on any
property within the City of National City in containers that exceeds the amount which is
approved by the National City Fire Department and authorized by the regulatory permit.
Each site or parcel subject to a commercial cannabis business permit shall be limited to
a total number of tanks as authorized by the National City Fire Department on the property
at any time. Additional operating requirements include:
(a) Cannabis manufacturing facilities may use heat, screens, presses, steam
distillation, ice water, ethanol and other methods without employing
solvents or gases to create keef, hashish, bubble hash, or infused dairy
butter, or oils or fats derived from natural sources, and other extracts.
(b) If an extraction process uses a professional grade closed loop CO2 gas
extraction system every vessel must be certified by the manufacturer for its
safe use as referenced in Section 9.60.310 (f). The CO2 must be of at least
ninety-nine percent purity.
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(c)
Closed loop systems for compressed gas extraction systems must be
commercially manufactured and bear a permanently affixed and visible
serial number.
(d) Certification from an engineer licensed by the State of California, or by a
certified industrial hygienist, must be provided to the Community
Development Department for a professional grade closed loop system used
by any commercial cannabis manufacturing manufacturer to certify that the
system was commercially manufactured, is safe for its intended use, and
was built to codes of recognized and generally accepted good engineering
practices, including but not limited to:
(1) The American Society of Mechanical Engineers (ASME);
(2) American National Standards Institute (ANSI);
(3) Underwriters Laboratories (UL); or
(4) The American Society for Testing and Materials (ASTM)
(e) The certification document must contain the signature and stamp of the
professional engineer or industrial hygienist and serial number of the
extraction unit being certified.
(f)
(g)
Professional closed loop systems, other equipment used, the extraction
operation, and facilities must be approved for their use by the Fire
Department and meet any required fire, safety, and building code
requirements specified in the California Building Reference Codes.
Cannabis Manufacturing Facilities may use food grade glycerin, ethanol,
and propylene glycol solvents to create or refine extracts. Ethanol should
be removed from the extract in a manner to recapture the solvent and
ensure that it is not vented into the atmosphere.
Cannabis Manufacturing Facilities creating cannabis extracts must
develop standard operating procedures, good manufacturing practices, and
a training plan prior to producing extracts for the marketplace.
Any person using solvents or gases in a closed looped system to create
cannabis extracts must be fully trained on how to use the system, have
direct access to applicable material safety data sheets and handle and store
the solvents and gases safely.
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(j) Parts per million for one gram of finished extract cannot exceed state
standards for any residual solvent or gas when quality assurance tested.
Section 9.60.320. Additional Operating Requirements for a Microbusiness-
Cultivation Facility.
Microbusinesses shall comply with all local operating requirements under this Chapter
and all requirements imposed by state law that apply to the specific activities operating
under the umbrella of the individual microbusiness.
(a) Outdoor Commercial Cultivation is prohibited.
(b) In no case, shall cannabis plants be visible from a public or private road,
sidewalk, park or any common public viewing area.
(c) Commercial cannabis cultivation which is permitted in the City of National
City shall not exceed 10,000 square feet of canopy space permitted by
state law as part of a microbusiness license.
(d) Cannabis cultivation shall be conducted in accordance with state and local
laws related to land conversion, grading, electricity, water usage, water
quality, woodland and riparian habitat protection, agricultural discharges,
and similar matters.
(e) Pesticides and fertilizers shall be properly labeled and stored to avoid
contamination through erosion, leakage or inadvertent damage from pests,
rodents or other wildlife.
(f)
(g)
The cultivation of cannabis shall at all times be operated in such a way as
to ensure the health, safety, and welfare of the public, the employees
working at the commercial cannabis business, visitors to the area,
neighboring properties, and the end users of the cannabis being cultivated,
to protect the environment from harm to streams, fish, and wildlife; to ensure
the security of the cannabis being cultivated; and to safeguard against the
diversion of cannabis.
All applicants for a cannabis cultivation permit shall submit to the following
in addition to the information generally otherwise required for a commercial
cannabis business:
(1) A cultivation and operations plan that meets or exceeds minimum
legal standards for water usage, conservation and use; drainage,
runoff, and erosion control; watershed and habitat protection; and
proper storage of fertilizers, pesticides, and other regulated products
to be used on the parcel, and a description of the cultivation activities
and schedule of activities during each month of growing and
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harvesting, or explanation of growth cycles and anticipated
harvesting schedules for all -season harvesting.
(2) A description of a legal water source, irrigation plan, and projected
water use.
(3) Identification of the source of electrical power and plan for
compliance with applicable Building Codes and related codes.
(4) Plan for addressing odor and other public nuisances that may derive
from the cultivation site.
Section 9.60.330. Permissible Delivery Locations and Customers.
All retail businesses conducting cannabis delivery operations within the City of National
City are subject to the following requirements:
(a) A licensed cannabis business shall not deliver cannabis goods to an
address located on publicly owned land or any address on land or in a
building leased by a public agency.
(b) A licensed cannabis business shall comply with all requirements of state
and local law pertaining to the cannabis permit and all subsequent policies,
procedures and regulations which may be amended by the City Manager
from time to in order to enforce this Chapter.
(c) Any kiosk, i-Pad, tablet, smartphone, fixed location or technology
platform, whether manned or unmanned, other than a retail location
permitted by the city, that facilitates, directs, or assists the retail sale or
delivery of cannabis or cannabis products is prohibited and shall be a
violation of this Chapter.
Section 9.60.340. Expiration of Commercial Cannabis Business Permits.
Each commercial cannabis business permit issued pursuant to this Chapter shall expire
twelve (12) months after the date of its issuance. Commercial cannabis permits may be
renewed as provided in Section 9.60.350.
Section 9.60.350. Renewal of Cannabis Business Permits.
(a) An application for renewal of a commercial cannabis business permit shall
be filed at least sixty (60) calendar days prior to the expiration date of the
current permit.
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(b) The renewal application shall contain all the information required for new
applications.
(c) The applicant shall pay a fee in an amount to be set by the City Council to
cover the costs of processing the renewal permit application, together with
any costs incurred by the City of National City to administer the program
created under this Chapter.
(d) An application for renewal of a commercial cannabis business permit shall
be rejected if any of the following exists:
(1) The application is filed less than sixty (60) days before its expiration.
(2) The commercial cannabis business permit is suspended or revoked
at the time of the application.
(3)
The commercial cannabis business has not been in regular and
continuous operation in the four (4) months prior to the renewal
application.
(4) The commercial cannabis business has failed to conform to the
requirements of this Chapter, or of any regulations adopted pursuant
to this Chapter, or is in violation of any other state or local laws and
regulations.
(5)
The permittee fails or is unable to renew its State of California
license.
(6) If the state has determined, based on substantial evidence, that the
permittee or applicant is in violation of the requirements of the state
rules and regulations, and the state has determined that the violation
is grounds for termination or revocation of the commercial cannabis
business permit.
(e) The City Manager or the Chief of Police or their designee is authorized to
make all decisions concerning the issuance of a renewal permit. In making
the decision, the City Manager or their designee is authorized to impose
additional conditions to a renewal permit, if it is determined to be necessary
to ensure compliance with state or local laws and regulations or to preserve
the public health, safety or welfare. Appeals from the decision of the City
Manager or their designee shall be handled pursuant to Sections 9.60.380
through 9.60.400.
(f)
If a renewal application is rejected, a person may file a new application
pursuant to this Chapter no sooner than one (1) year from the date of the
rejection.
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Section 9.60.360. Revocation or Suspension of Permits.
Commercial cannabis business permits may be revoked or suspended for any violation
of any relevant law and/or any rule, regulation and/or standard adopted pursuant to this
Chapter, including any amendments to those standards, or pursuant to any policy,
procedure or regulation in this Chapter or in the National City Municipal Code.
Section 9.60.370. Effect of State License Suspension, Revocation, or Termination.
Suspension of a license issued by the State of California, or by any of its departments or
divisions, shall immediately suspend the ability of a commercial cannabis business to
operate within the City of National City, until the State of California, or its respective
department or division, reinstates or reissues the State license. Should the State of
California, or any of its departments or divisions, revoke or terminate the license of a
commercial cannabis business, such revocation or termination shall also revoke or
terminate the ability of a commercial cannabis business to operate within the City of
National City. A cannabis business owner wishing to recommence operations shall re-
apply for a local permit at such time as it can demonstrate that the grounds for revocation
of the license by the state no longer exist, or that the underlying deficiency has otherwise
been cured.
Section 9.60.380. Appeals.
Unless specifically provided elsewhere to the contrary, whenever an appeal is provided
for in this Chapter from a decision of the City Manager or their designee, the appeal shall
be conducted as prescribed in this Chapter.
Section 9.60.390. Written Request for Appeal.
(a) Within ten (10) calendar days after the date of a decision of the City
Manager or their designee(s) to revoke, suspend or deny a permit, or to add
conditions to a permit, an applicant may appeal such action by filing a
written appeal with the City Clerk setting forth the reasons why the decision
was not proper. Reasons shall be stated with specificity.
(b) At the time of filing the appellant shall pay the designated appeal fee,
established by resolution of the City Council.
Section 9.60.400. Appeal Hearing Process.
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(a) Upon receipt of the written appeal, the City Clerk shall schedule the matter
for a hearing before a hearing officer.
(b) The appeal shall be set within a reasonable time after the date of receipt of
the written appeal, but in no event shall be set later than thirty (30) City of
National City working days from the date of the receipt of the written appeal.
The hearing shall be held no later than ninety (90) City of National City
working days from the date of the receipt of the written appeal. The City
shall notify the appellant of the time and location at least ten (10) days prior
to the date of the hearing. The appellant can waive the right to have their
appeal set no later than thirty (30) City of National City working days and/or
held no later than ninety (90) City of National City working days from the
date of the receipt of the written appeal.
(c)
At the hearing, the appellant may present any information they deem
relevant to the decision appealed. The formal rules of evidence and
procedure applicable in a court of law shall not apply to the hearing. The
applicant may have the assistance of counsel or may appear by counsel.
(d) After the City Manager or their designee has presented the statement of
facts upon which the determination was made, the burden to show that the
action taken by the City Manager or their designee was not based on
substantial evidence, or was arbitrary, capricious, or unjustified shall be
upon the appealing party.
(e) If the applicant, or counsel representing the applicant, fails to appear at the
hearing, the appeal is abandoned and the action of the City Manager or
their designee is final.
(f) The hearing officer may uphold the denial, suspension, or revocation, may
allow that which has been denied, reinstate that which has been suspended
or revoked, reverse or modify any other decision of the City Manager or
their designee that is the subject of the appeal.
(g) If the decision of the hearing officer is to deny the appeal, then that decision
shall be final and conclusive and shall constitute the exhaustion of the
administrative remedy.
(h) A copy of the written decision of the hearing officer specifying findings of
fact and the reasons for the decision shall be given to the applicant or the
designated representative and the City Manager or their designee within
thirty (30) calendar days of the hearing. If the hearing officer determines the
complexity of the case required additional time in which to render a decision,
the time in which to render the decision is automatically extended another
thirty (30) calendar days. Service of the decision shall govern the
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commencement of any period of limitation for judicial review under Code of
Civil Procedure Section 1094.6 or 1084.8, whichever is applicable.
Section 9.60.420. Transfer of Cannabis Business Permit.
(a) The owner of a cannabis business permit shall not transfer ownership or
control of the permit to another person or entity unless and until the
transferee obtains an amendment to the permit from the City Manager or
their designee stating that the transferee is now the permittee. Such an
amendment may be obtained only if the transferee files an application with
the City Manager or their designee in accordance with all provisions of this
Chapter (as though the transferee were applying for an original cannabis
business permit). The proposed transferee's application shall be
accompanied by a transfer fee in an amount set by resolution of the City
Council (or if not set, shall be the same amount as the application fee).
(b) The City Manager or their designee shall conduct a hearing to determine
whether the transferee passed the background check required for
permittees and meets all other requirements of this Chapter.
(c) Commercial cannabis business permits issued through the grant of a
transfer by the City Manager or their designee shall be valid for a period of
one year beginning on the day the City Manager or their designee approves
the transfer of the permit. Before the transferee's permit expires, the
transferee shall apply for a renewal permit in the manner required by this
Chapter.
(d) Changes in ownership of a permittee's business structure or a substantial
change in the ownership of a permittee business entity (changes that result
in a change of more than 51 % of the original ownership), must be approved
by the City Manager or their designee through the transfer process
contained in this subsection (a). Failure to comply with this provision is
grounds for permit revocation.
(e) A permittee may change the form of business entity without applying to the
City Manager or their designee for a transfer of permit, provided that either:
1. The membership of the new business entity is substantially similar to
original permit holder business entity (at least 51 % of the membership
is identical), or
2. If the original permittee is an unincorporated association, mutual or
public benefit corporation, agricultural or consumer cooperative
corporation and subsequently transitions to or forms a new business
entity as allowed under the MAUCRSA and in compliance with Section
9.60.420, provided that the Board of Directors (or in the case of an
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unincorporated association, the individual(s) listed on the City of
National City permit application) of the original permittee entity are the
same as the new business entity.
Although a transfer is not required in these two circumstances, the
permit holder is required to notify the City Manager or their designee in
writing of the change within ten (10) days of the change. Failure to
comply with this provision is grounds for permit revocation.
No commercial cannabis business permit may be transferred when the
City Manager or their designee has notified the permittee that the permit
has been or may be suspended or revoked.
Any attempt to transfer a commercial cannabis business permit either
directly or indirectly in violation of this section is hereby declared void,
and such a purported transfer shall be deemed a ground for revocation
of the permit.
Section 9.60.430. Change in Location; Updated Permit Application.
(a) Any time the dispensing, cultivation, manufacturing, transportation and
distribution location specified in the regulatory permit is changed, the
applicant shall re -file a permit application with the City Manager or their
designee(s) containing the updated information. The process and the fees
for this re -registration shall be the same as the process and fees set forth
for registration in Sections 9.60.420(c) and 9.60.160.
(b) Within fifteen (15) calendar days of any other change in the information
provided in the permit application form or any change in status of
compliance with the provisions of this Chapter, including any change in the
commercial cannabis business ownership or management members, the
applicant shall file an updated permit application form with the City
Manager or their designee(s) for review along with a application
amendment fee, as set forth in Sections 9.60.420(c) and 9.60.160).
Section 9.60.440. Promulgation of Regulations, Standards and Other Legal Duties.
(a) In addition to any regulations adopted by the City Council, the City Manager
or their designee is authorized to establish any additional rules, regulations
and standards governing the issuance, denial or renewal of commercial
cannabis business permits, the ongoing operation of commercial cannabis
businesses and the City's oversight, or concerning any other subject
determined to be necessary to carry out the purposes of this Chapter.
(b) Regulations may be published on the City's website.
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(c) Regulations promulgated by the City Manager shall become effective upon
date of publication. Commercial cannabis businesses shall be required to
comply with all state and local laws and regulations, including but not
limited to any rules, regulations or standards adopted by the City Manager
or their designee.
(d) Testing Labs, Distribution facilities, Out of City Delivery Services and
Special Events shall be subject to state law and shall be subject to
additional City regulations as determined from time to time as more
regulations are developed under Section 9.60.020 of this Chapter and any
subsequent State of California legislation regarding the same.
Section 9.60.450. Community Relations.
(a) Each facility must provide the City Manager or designee with the name,
telephone number, and email address of an on -site community relations or
staff person or other representative to whom the city can provide notice if
there are operating problems associated with the facility or refer members
of the public who may have any concerns or complaints regarding the
operation of the facility. Each facility must also provide the above
information to all businesses and residences located within 100 feet of the
facility.
(b) During the first year of operation of a facility authorized under this Chapter,
the owner, manager, and community relations representative from each
such facility must attend a monthly meeting with the City Manager and Chief
of Police and/or their designees to discuss costs, benefits and other
community issues arising as a result of implementation of the Certificate of
Approval authorized by this Chapter. After the first year of operation, the
owner, manager, and community relations representative from each such
facility must meet with the City Manager and the Chief of Police or their
designee when and as requested by the City Manager or Chief of Police or
their designee, with reasonable notice.
Section 9.60.460. Fees Deemed Debt to the City of National City.
The amount of any fee, cost or charge imposed pursuant to this Chapter shall be deemed
a debt to the City of National City that is recoverable via an authorized administrative
process as set forth in the City ordinance, or in any court of competent jurisdiction.
Section 9.60.470. Responsibility for Violations.
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All Responsible persons pursuant to this Chapter shall be responsible for all violations of
the laws of the State of California or of the regulations and/or the ordinances of the City
of National City, whether committed by the property owner, permittee or any employee or
agent of the property owner or permittee, which violations occur in or about the premises
of the commercial cannabis business whether or not said violations occur within the
permit holder's presence.
Section 9.60.480. Inspection and Enforcement.
(a) The City Manager, or their designee charged with enforcing the provisions
of the City of National City Municipal Code, or any provision thereof, may
enter the location of a commercial cannabis business at any time, without
notice, to check for compliance with all state and local laws and inspect the
location of any commercial cannabis business as well as any recordings
and records required to be maintained pursuant to this Chapter or under
applicable provisions of State law.
(b) It is unlawful for any responsible persons, to impede, obstruct, interfere with,
or otherwise not to allow, the City to conduct an inspection, review or copy
records, recordings or other documents required to be maintained by a
commercial cannabis business under this Chapter or under state or local
law. It is also unlawful for a person to conceal, destroy, deface, damage, or
falsify any records, recordings or other documents required to be
maintained by a commercial cannabis business under this Chapter or under
state or local law.
(c) The City Manager, or their designee charged with enforcing the provisions
of this Chapter may enter the location of a commercial cannabis business
at any time during the hours of operation and without notice to obtain
samples of the cannabis to test for public safety purposes. Any samples
obtained by the City of National City shall be logged, recorded, and
maintained in accordance with established procedures by the City of
National City's City Manager or Chief of Police or these regulations.
Section 9.60.490. Compliance with State Regulations.
It is the stated intent of this Chapter to regulate commercial cannabis activity in the City
of National City in compliance with all provisions MAUCRSA and any subsequent state
legislation.
Section 9.60.500. Violations Declared a Public Nuisance.
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Each and every violation of the provisions of this Chapter is hereby deemed unlawful and
a public nuisance and may be enjoined civilly or administratively. In addition, and to the
extent not expressly provided elsewhere in this code, it is unlawful and a misdemeanor
to maintain a public nuisance.
Section 9.60.510. Each Violation a Separate Offense.
Each and every violation of this Chapter shall constitute a separate violation and shall be
subject to all remedies and enforcement measures authorized by the City of National City.
Additionally, as a nuisance per se, any violation of this Chapter shall be subject to
injunctive relief, any permit issued pursuant to this Chapter being deemed null and void,
disgorgement and payment to the City for any monies unlawfully obtained, costs of
abatement, costs of investigation, attorney fees, and any other relief or remedy available
at law or in equity. The City of National City may also pursue any and all remedies and
actions available and applicable under state and local laws for any violations committed
by the commercial cannabis business or persons related to, or associated with, the
commercial cannabis activity.
Section 9.60.520. Serious Violations Grounds for Immediate Suspension of
License or Permit.
The City shall retain the authority, pursuant to Chapter 1.12, to address serious violations
that rise to the level of posing an imminent threat to the public health, safety or welfare of
the City, by immediately suspending the commercial cannabis license or permit issued by
the City with a stop order. Such action by the City may be appealed pursuant to Sections
9.60.380 to 9.60.400 of this Chapter.
Section 9.60.530. Criminal Penalties.
Each and every violation of the provisions of this Chapter may in the discretion of the
District Attorney or City Attorney be prosecuted as a misdemeanor and upon conviction
be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the
County jail for a period of not more than twelve (12) months, or by both such fine and
imprisonment. Each day a violation is committed or permitted to continue shall constitute
a separate offense.
Section 9.60.540. Remedies Cumulative and Not Exclusive.
(a) The remedies provided herein are not to be construed as exclusive
remedies. The City of National City is authorized to pursue any proceedings
or remedies provided by law.
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(b) The City Attorney may, in addition to, or in lieu of prosecuting a criminal
action hereunder, commence an action or actions, proceeding or
proceedings for the abatement, removal, or enjoinment thereof, in any
manner provided by law,
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Attachment 3
CALIFORNIA
N, '_ i'I O NA
I1L CITY
`NC�Rpo1 TE
PUBLIC HEARING OF AN ORDINANCE OF THE
CITY OF NATIONAL CITY ADDING NATIONAL
CITY MUNICIPAL SECTION 9.60 TO REGULATE
COMMERCIAL CANNABIS (FIRST READING)
Brad Raulston , City Manager
Megan Gamwell, Economic Development Specialist
Tim Cromartie, Senior Advisor, Cannabis Policy at HdL Companies
1 of 15
114 of 236
CALIFORNIA
NATIONAL CITY
NCthRA11TE
POLICY TIMELINE
CURRENT CITY COUNCIL CANNABIS
2012 City Council initially prohibited cannabis as part of a land -use update.
January 19, 2016- City Council passed a ban on cannabis cultivation.
November 2016- Proposition 64 (Control, Regulate and Tax Adult Use of Marijuana Act) was approved by 57% of
voters in California. Voting results in National City were 7,551 (50.04%) against and 7,540 (49.96%) in favor.
June 18, 2019- City Council authorized staff to retain the services of HdL to assist with community outreach and the
development of a draft cannabis ordinance, an application review process and cost recovery fees.
September 17, 2019- HdL presented its initial findings to the City Council, after which direction was provided to staff
to develop an ordinance that would allow up to three cannabis businesses through development agreements to be
located in National City's Industrial Zones.
October 16, 2019- through November 5, 2019- The City developed a survey to gather input from the community to
help guide the development of its cannabis regulatory program, including community impacts to be addressed
through regulations and programs to be funded through a community benefits fee.
October 22, 2019- City staff hosted a community workshop on cannabis in the Library Community Room.
February 18, 2020- City Council directs staff to establish a set community benefits fee rate of 5% of gross receipts for
all cannabis businesses; expand the proposed number of cannabis business operations from 3 to 6 (3 remaining in the
originally proposed Industrial Zone and 3 being added to the areas zoned Tourist Commercial (CT) in the Marina
District west of 1-5); and to include consumption lounges as an allowable business type in the ordinance.
March 17, 2020- Cannabis ordinance scheduled for first hearing of the ordinance at City Council. Due to COVID-19 the
item was pulled from the agenda.
March 2, 2021- Cannabis ordinance is reintroduced b'asa on City Council Direction and public input.
Attachment 3
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Attachment 3
CALIFORNIA
wi tONA11L CITY
`NC�RPORATEl
RECAP
To permit up to 6 commercial cannabis businesses in the Industrial Zones and
Tourist Commercial Zone west of the 1-5. Commercial cannabis activity shall
include:
Retailers ( as a secondary use)
Cultivation
Manufacturing
Distribution
Microbusinesses
Consumption Lounges
Testing facilities
Each business would be required to pay a Community Benefit Fee that would
provide revenue to the City and additional benefits and programs will be
negotiated with each business. 3of15
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Attachment 3
CALIFORNIA
N AL II O NALf C�TI
-- NC�RPOR1 E PUBLIC OUTREACH
Community Survey
56 online and 23 paper surveys completed
Community Forum
Over 50 attendees
Chamber of Commerce Presentations
Staff Presentation at Economic Development Committee Meeting
October 3, 2019
November 7, 2019
December 5, 2019
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Attachment 3
CALIFORNIA
(,'i'IONAL C'rT
COMMERCIAL CANNABIS APPROVAL
`-- •NCORPORAT ED
A valid development agreement jointly negotiated with the City and approved by
City Council;
• A valid commercial cannabis business permit;
• A valid business license issued by the City of National City;
A mandatory building inspection and all required permits and approvals which
would otherwise be required for any business of the same size and intensity
operating in that zone. This includes but is not limited to obtaining any required
building permit(s), the National City Fire Department approvals, Health
Department approvals and other zoning and land use permit(s) and approvals;
• A valid state license for the commercial cannabis activity corresponding to the
business permit issued by the City of National City;
Requisite approvals from the Planning Division of the National City Community
Development Department;
• A valid State of California Seller's Permit.
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Attachment 3
CALIFORNIA
NATI NIAL CITY
`-- `NC�RPORAT E"
REGULATORY ORDINANCE
The Local ordinance reduces impacts by regulating:
Time
Place
Manner
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Attachment 3
CALIFORNIA
NATIONAL, MY
�NC�RP ORATE
COMMUNITV CONCERNS
Public Safety Impacts
Impacts on Youth and Other Vulnerable Populations
Noise, Lighting and Odor Impacts
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120 of 236 I
CALIFORNIA
NATIONAL CITY
`NC�Rpo1 TE
ORDINANCE LANGUAGE ON
COMMUNITY CONCERNS
Public Safety Impacts
Limit hours of operation
Limit to certain land use zones
Time
Manner
• Require surveillance systems
• Require security guards
Require designated security representative
• Require Employee Training and Customer
Education
Attachment 3
8 of 15
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CALIFORNIA
NATIONAL CITY
`NC�Rpo1 TE
ORDINANCE LANGUAGE ON
COMMUNITY CONCERNS
Impacts on Youth and Other Vulnerable Poulations
Time
Manner
Limit hours of operation
Require buffers from sensitive uses
Schools
Youth centers
Daycare facilities
• Regulate signage and appearance
• State prohibits employment, access or advertising
to anyone under 21
• Prohibit the sale of any vape products
Attachment 3
9 of 15
122 of 236
CALIFORNIA
NATIONAL CITY
`NC�Rpo1 TE
ORDINANCE LANGUAGE ON
COMMUNITY CONCERNS
Noise, Lighting and Odor Impacts
Limit hours of operation
Time
Manner
Attachment 3
Limit to certain land use zones where noise and
odor may be more acceptable
• Require odor control systems
Limit cultivation to indoors
• Require signage and lighting standards
10 of 15
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Attachment 3
CALIFORNIA
N, '_ i'I O NAL, CITY
`NC�Rpo1 TED
DEVELOPMENT AGREEMENTS
Each business would be required to enter into a development
agreement with the City
Businesses typically only have to pay fees to cover their direct
costs to the City
Staff time for permitting
Staff time for monitoring and enforcement
Proportional costs for infrastructure and City services
11of15
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Attachment 3
CALIFORNIA
NATIONAL f CITY
�NC�RP ORA'CED
COMMUNITV BENEFIT FEES
Each business would agree to pay a Community Benefit Fee (5% of
gross receipts)
Community Benefit Fees would provide revenue to address
indirect costs to the City
Drug abuse prevention and treatment
Social services
Law enforcement
Youth programs and education
Fees and benefits would be negotiated with each business
12 of 15
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CALIFORNIA
AL iI O NALf CITYCITY-A/C-2P ORA11TE
AGREEMENTS
ORDINANCE / DEVELOPMENT
ORDINANCE
Local ordinance reduces impacts by
regulating the following -
Time
Place
Manner
And defines
Zoning
Types of allowed uses
• Process for obtaining and renewing
an annual license
Process for enforcing rules and
regulations consistent with state and
local laws
13 of 15
DEVELOPMENT AGREEMENTS
Development Agreement is a mutual
contract between the commercial
cannabis business and the city and will
negotiate the following -
Requirements in addition to those
outlined in the ordinance
Including but not limited to, public
outreach and education,
community service, payment of
fees and other charges as mutually
agreed, and such other terms and
conditions that will protect and
promote the public health, safety
and welfare.
Similar to CUP required for Liquor
license
Attachment 3
126 of 236
Attachment 3
CALIFORNIA
NATIONAL f CITY
�NC�RP ORATE
NEXT STEPS
• Public Hearing and first reading at the Planning Commission to
strike and replace existing 18.30.340 —Commercial Marijuana
Activity.
• Second reading and adoption of National City Municipal Section
9.60 and 18.30.340 — April 6, 2021.
• Creation and adoption of a full cost recovery of application process
• Process applications until deemed complete.
• Negotiate development agreements and bring to City Council for
approval. The development agreement will include community
benefits and social equity programs.
14 of 15
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Attachment 3
CALIFORNIA
N, '_ TONAL, C TT
INCORPORATE
QUESTIONS
15 of 15
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q1 Please select one category that best describes your relationship to
National City.
National City
Resident
National City
Business
Neither
Both
Answered: 56 Skipped: 0
0% 10% 20% 3 0 % 40°Ao 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
National City Resident
National City Business
Neither
Both
TOTAL
RESPONSES
64.29%
16.07%
16.07%
3.57%
36
9
9
2
56
1/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q2 In general, do you support or oppose legalized cannabis for medicinal
use?
Strongly
support
Somewhat
support
No opinion/
don't care
Somewhat
opposed
Strongly
opposed
Answered: 56 Skipped: 0
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Strongly support
Somewhat support
No opinion/ don't care
Somewhat opposed
Strongly opposed
TOTAL
RESPONSES
60.71%
23.21%
3.57%
3.57%
8.93%
34
13
2
2
5
56
2/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q3 In general, do you support or oppose legalized cannabis for adult
recreational use?
Strongly
support
Somewhat
support
No opinion/
don't care
Somewhat
opposed
Strongly
opposed
Answered: 56 Skipped: 0
y y
0% 10% 200/0 30% 40% 50% 600/0 700/0 80% 90% 100%
ANSWER CHOICES
Strongly support
Somewhat support
No opinion/ don't care
Somewhat opposed
Strongly opposed
TOTAL
RESPONSES
53.57%
14.29%
1.79%
7.14%
23.21%
30
8
1
4
13
56
3/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q4 How did you vote on Proposition 64, the Adult Use of Marijuana Act of
2016?
Yes, support
Did not vote
No, opposed
Answered: 56 Skipped: 0
ft
0% 10% 20% 3 0 % 40°A° 50% 60% 70% 80% 90°A. 100%
ANSWER CHOICES
Yes, support
Did not vote
No, opposed
TOTAL
RESPONSES
69.64%
7.14%
23.21%
39
4
13
56
4/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q5 Do you personally use cannabis for medicinal use?
Yes, regularly
Rarely/
occasionally
No, Never
No comment
Answered: 56 Skipped
1.1
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Yes, regularly
Rarely/ occasionally
No, Never
No comment
TOTAL
RESPONSES
23.21% 13
12
27
21.43%
48.21%
7.14%
4
56
5/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q6 Do you personally use cannabis for adult recreational use?
Yes, regutarly
Rarely/
occasionally
No, Never
No comment
iswered:5i, Skipped
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Yes, regularly
Rarely/ occasionally
No, Never
No comment
TOTAL
RESPONSES
19.64%
21.43%
53.57%
5.36%
11
12
30
3
56
6/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q7 In general, do you support or oppose allowing cannabis businesses in
National City?
Strongly
support
Somewhat
support
Neutral
Somewhat
opposed
Strongly
opposed
Answered: 56 Skipped: 0
0% 10% 200/0 30% 40% 50% 600/0 700/0 80% 90% 100%
ANSWER CHOICES
Strongly support
Somewhat support
Neutral
Somewhat opposed
Strongly opposed
TOTAL
RESPONSES
55.36%
14.29%
3.57%
3.57%
23.21%
31
8
2
2
13
56
7/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q8 I am informed about the City Council direction on September 17th for
staff to draft an ordinance to permit up to 3 cannabis businesses in the
industrial zones.
Strongly agree
Somewhat agree
Neutral
Somewhat
disagree
Strongly
disagree
Answered: 56 Skipped: 0
Mk..
0% 10% 20% 30% 40% 50% 60% 70°A) 80% 90% 100°A)
ANSWER CHOICES
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
TOTAL
RESPONSES
37.50%
28.57%
5.36%
10.71%
17.86%
21
16
3
6
10
56
8/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q9 I am informed about the City's Commercial Cannabis Community
Forum on October 22.
Strongly
support
Somewhat
support
Neutral
Somewhat
opposed
Strongly
opposed
Answered: 55 Skipped: 1
0% 10% 20% 30% 40% 50% 600/0 700/0 80% 90% 100%
ANSWER CHOICES
Strongly support
Somewhat support
Neutral
Somewhat opposed
Strongly opposed
TOTAL
RESPONSES
41.82%
18.18%
25.45%
1.82%
12.73%
23
10
14
1
7
55
9/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q10 Based on the above information, how strongly would you support or
oppose allowing the following type of cannabis business in the City's
Industrial Zone: Indoor cannabis cultivation businesses
Strongly
support
Somewhat
support
Neutral
Somewhat
opposed
Strongly
opposed
Answered: 56 Skipped: 0
0% 10% 20% 30% 40% 50% 60% 7 0 % 80% 90% 100%
ANSWER CHOICES RESPONSES
Strongly support
Somewhat support
Neutral
Somewhat opposed
Strongly opposed
53.57%
12.50%
3.57%
5.36%
25.00%
30
7
2
3
14
TOTAL 56
10/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q11 Based on the above information, how strongly would you support or
oppose allowing the following type of cannabis business in the City's
Industrial Zone: Cannabis manufacturing businesses
Strongly
support
Somewhat
support
Neutral
Somewhat
opposed
Strongly
opposed
Answered: 56 Skipped: 0
0% 10% 20% 30% 40% 50% 60% 7 0 % 80% 90% 100%
ANSWER CHOICES
Strongly support
Somewhat support
Neutral
Somewhat opposed
Strongly opposed
TOTAL
RESPONSES
55.36%
12.50%
1.79%
5.36%
25.00%
31
7
1
3
14
56
11/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q12 Based on the above information, how strongly would you support or
oppose allowing the following type of cannabis business in the City's
Industrial Zone: Cannabis distribution businesses
Strongly
support
Somewhat
support
Neutral
Somewhat
opposed
Strongly
opposed
Answered: 56 Skipped: 0
•
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Strongly support
Somewhat support
Neutral
Somewhat opposed
Strongly opposed
RESPONSES
55.36%
16.07%
0.00%
3.57%
25.00%
31
9
0
2
14
TOTAL 56
12/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q13 Based on the above information, how strongly would you support or
oppose allowing the following type of cannabis business in the City's
Industrial Zone: Cannabis testing laboratories
Strongly
support
Somewhat
support
Neutral
Somewhat
opposed
Strongly
opposed
Answered: 56 Skipped: 0
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Strongly support
Somewhat support
Neutral
Somewhat opposed
Strongly opposed
RESPONSES
58.93%
12.50%
7.14%
0.00%
21.43%
33
7
4
0
12
TOTAL 56
13/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q14 Based on the above information, how strongly would you support or
oppose allowing the following type of cannabis business in the City's
Industrial Zone: Cannabis retailers as an accessory use to other
commercial cannabis activities
Strongly
support
Somewhat
support
Neutral
Somewhat
opposed
Strongly
opposed
Answered: 56 Skipped: 0
Q% 10% 20% 30% 40% 5 0 % 60% 7 0 % 80% 90% 100%
ANSWER CHOICES RESPONSES
Strongly support
Somewhat support
Neutral
Somewhat opposed
Strongly opposed
48.21%
8.93%
7.14%
10.71%
25.00%
27
5
4
6
14
TOTAL 56
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q15 I am concerned about traffic impacts from cannabis businesses in the
Industrial Zones
Strongly agree
Somewhat agree
Neutral
Somewhat
disagree
Strongly
disagree
Answered: 56 Skipped: 0
J
0% 10% 20% 30% 40% 50% 60% 70°A, 80% 90% 100%
ANSWER CHOICES
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
TOTAL
RESPONSES
14.29%
12.50%
25.00%
14.29%
33.93%
8
7
14
8
19
56
15/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q16 I am concerned about environmental impacts from cannabis
businesses in the Industrial Zones
Strongly agree
Somewhat agree.
Neutral
Answered: 55 Skipped: 1
1
Somewhat
disagree
Strongly
disagree
0% 10% 20% 30% 40% 50% 60% 70°A, 80% 90% 100%
ANSWER CHOICES
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
TOTAL
RESPONSES
20.00%
7.27%
23.64%
18.18%
30.91%
11
4
13
10
17
55
16/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q17 I am concerned about public safety impacts from cannabis
businesses in the Industrial Zones
Strongly agree
Somewhat agree
Neutral
Somewhat
disagree
Strongly
disagree
Answered: 56 Skipped: 0
M.
IIM
0% 10% 20% 30% 40% 50% 60% 70°A, 80% 90% 100%
ANSWER CHOICES RESPONSES
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
30.36%
8.93%
14.29%
16.07%
30.36%
17
5
8
9
17
TOTAL 56
17/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q18 I am concerned about impacts on youth from cannabis businesses in
the Industrial Zones
Strongly agree
Somewhat'
disagree
Neutral
Somewhat
disagree
Strongly
disagree
lin
Answered: 56 Skipped: 0
0% 10% 20% 30% 40% 50% 60% 70°A, 80% 90% 100%
ANSWER CHOICES RESPONSES
Strongly agree
Somewhat disagree
N eutral
Somewhat disagree
Strongly disagree
39.29%
3.57%
16.07%
12.50%
28.57%
22
2
9
7
16
TOTAL 56
18/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q19 I am concerned about noise and odor impacts from cannabis
businesses in the Industrial Zones
Strongly agree
Somewhat agree.
Neutral
Answered: 56 Skipped: 0
Somewhat
disagree
Strongly
disagree
EiF
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
TOTAL
RESPONSES
21.43%
7.14%
12.50%
23.21%
35.71%
12
4
7
13
20
56
19/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q20 Community benefit fees should fund drug prevention, awareness and
treatment programs
Highest
priority
High priority
Medium priority
Low priority
Lowest priority,
Answered: 56 Skipped: 0
0% 10% 20% 30% 40% 50% 600/0 70% 80% 90% 100%
ANSWER CHOICES RESPONSES
Highest priority
High priority
Medium priority
Low priority
Lowest priority
23.21%
26.79%
39.29%
5.36%
5.36%
13
15
22
3
3
TOTAL 56
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q21 Community benefit fees should fund schools and educational
programs
Highest
priority
High priority
Medium priority
Low priority
Lowest priority.
Answered: 56 Skipped: 0
r1
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Highest priority
High priority
Medium priority
Low priority
Lowest priority
TOTAL
RESPONSES
48.21%
21.43%
17.86%
5.36%
7.14%
27
12
10
3
4
56
21/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q22 Community benefit fees should fund public health, safety and law
enforcement
Highest
priority
High priority
Medium priority
Low priority
Answered: 56 Skipped: 0
MAMI
Lowest 1
priority
0% 10% 20% 30% 40% 50% 60% 70°A, 80% 90% 100%
ANSWER CHOICES
Highest priority
High priority
Medium priority
Low priority
Lowest priority
TOTAL
RESPONSES
30.36%
33.93%
26.79%
5.36%
3.57%
17
19
15
3
2
56
22/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q23 Community benefit fees should fund parks, open space and
environmental programs
Highest
priority
High priority ■
Medium priority
Low priority
Lowest priority,
Answered: 55 Skipped: 1
0% 10% 20% 30% 40% 50% 600/0 70% 80% 90% 100%
ANSWER CHOICES
Highest priority
High priority
Medium priority
Low priority
Lowest priority
TOTAL
RESPONSES
34.55%
18.18%
23.64%
18.18%
5.45%
19
10
13
10
3
55
23/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q24 Community benefit fees should fund the arts, community programs
and special events
Highest
priority
High priority
Medium priority
Low priority
Lowest
priority
Answered: 56 Skipped: 0
0% 10% 20% 30% 40% 50% 600/0 70% 80% 90% 100%
ANSWER CHOICES
Highest priority
High priority
Medium priority
Low priority
Lowest priority
TOTAL
RESPONSES
28.57%
19.64%
19.64%
17.86%
14.29%
16
11
11
10
8
56
24/27
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q25 Community benefit fees should fund road improvements and
bike/pedestrian infrastructure
Highest
priority
High priority
Medium
priority
Low priority
Lowest
priority
Answered: 56 Skipped: 0
7
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Highest priority
High priority
Medium priority
Low priority
Lowest priority
TOTAL
RESPONSES
17.86%
19.64%
35.71%
17.86%
8.93%
10
11
20
10
5
56
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q26 Community benefit fees should fund affordable housing or programs
for the homeless
Highest
priority
High priority
Medium
priority
Low priority
Lowest
priority
Answered: 55 Skipped: 1
Eml
1
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
ANSWER CHOICES
Highest priority
High priority
Medium priority
Low priority
Lowest priority
TOTAL
RESPONSES
21.82%
21.82%
30.91%
10.91%
14.55%
12
12
17
6
8
55
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Commercial Cannabis Survey SurveyMonkey
Attachment 4
Q27 Please provide any additional comments you may have.
Answered: 29 Skipped: 27
27/27
155 of 236
Attachment 5
HdI'?
COMPANIES
Delivering Revenue, Insight
and Efficiency to Local Government
Fiscal Analysis of the
Commercial Cannabis Industry
Prepared for
the
City of National City
December 13th, 2019
HdL Companies
Fiscal Analysis of the Commercial Cannabis Industry in the City of National City Page 1 of 25
156 of 236
Attachment 5
Table of Contents
I. Introduction Page 3
II. The Cannabis Industry in the National City/San Diego Region Page 7
III. Common Cannabis Tax Rates Page 9
IV. Cannabis Manufacturers Page 11
V. Cannabis Distributors Page 12
VI. Cannabis Cultivation Page 13
VII. Cannabis Testing Laboratories Page 15
VIII. Cannabis Retailers Page 16
IX. Appendix Page 18
a. Legal and Regulatory Background for California Page 19
b. State Tax Considerations Page 22
c. General Economic Impacts Page 24
d. References Page 26
HdL Companies
Fiscal Analysis of the Commercial Cannabis Industry in the City of National City Page 2 of 25
157 of 236
Attachment 5
Summary and Recommendations
National City is proposing to allow just three cannabis businesses, without specifying what types they may
be. HdL anticipates that the limited number of licenses available would tend to attract businesses that
conduct more than one type of commercial cannabis activity at a single location, most likely including
retail as a component of their operation. This may or may not include cannabis microbusinessesl.
HdL recommends that the City establish a community benefits fee with a rate between 2.5% and 5% of
gross receipts for all cannabis businesses, regardless of type. This range would be slightly higher than the
standard tax rates HdL commonly recommends for some types of businesses but would be somewhat
lower for others. Applying a single rate to all cannabis business activities provides for a simplified tax or
fee structure for businesses conducting more than one type of licensed activity. This is discussed in
Section III; Common Cannabis Tax Rates.
We have provided revenue estimates using rates of 2.5%, 4.0% and 5.0%, based upon three different
scenarios. These scenarios indicate a range of potential revenues from $275,000 up to $1,050,000. These
scenarios are presented and discussed below.
Scenario 1 shows the potential revenues that could be generated from one of each type of commercial
cannabis business'. This model assumes that one of the three permitted business would operate two
different activities. The most probable combination here is that either the cultivator or the manufacturer
would also hold a distribution license. Under this scenario, a community benefits fee with a rate of 2.5%
would generate $275,000 in annual revenue for the City. A rate of 40% would generate $440,000, and a
rate of 5.0% would generate $550,000 in annual revenue. These revenues are shown in Figure 1, below.
Figure 1:
Summary Revenue Estimate; Scenario 1
Business Type
Number of
Operations
Avg Gross
Receipts
Total Gross
Receipts
Revenue @
2.5% Tax Rate
Revenue @
4.0% Tax Rate
Revenue @
5.0% Tax Rate
Cultivation
1
$5,000,000
$5,000,000
$125,000
$200,000
$250,000
Manufacturing
1
$2,000,000
$2,000,000
$50,000
$80,000
$100,000
Distribution
1
$2,000,000
$2,000,000
$50,000
$80,000
$100,000
Retailer
1
$2,000,000
$2,000,000
$50,000
$80,000
$100,000
TOTAL BUSINESSES
3
$11,000,000
$275,000
$440,000
$550,000
Scenario 2 shows the revenues that could be generated by 2 cultivation operations, 2 retailers, 1
manufacturer and 1 distributor. Because we have estimated the same average gross receipts for both
manufacturers and distributors, this scenario could also show the amount of revenue that would be
1 Microbusinesses may conduct three or more types of cannabis business activities under a single State license,
provide that cultivation is limited to no more than 10,000 square feet of canopy. Other licensees may also conduct
multiple types of activities under one business entity, but each activity must be separately licensed.
2 We have not included cannabis testing laboratories in our estimates as we believe the City is unlikely to attract
any of these businesses. The reasoning behind this is explained in Section VII; Cannabis Testing Laboratories.
HdL Companies
Fiscal Analysis of the Commercial Cannabis Industry in the City of National City Page 3 of 25
158 of 236
Attachment 5
generated by 2 cultivators, 2 retailers, and either 2 manufacturers or 2 distributors. Applying the
recommended community benefits fee with a rate of 2.5% would generate $425,000 in annual revenue
for the City. A rate of 4.0% would generate $680,000 in annual revenue, and a rate of 5.0% would generate
$850,000. These revenues are shown in Figure 2.
Figure 2:
Summary Revenue Estimate; Scenario 2
Business Type
Number of
Operations
Avg Gross
Receipts
Total Gross
Receipts
Revenue @
2.5% Tax Rate
Revenue @
4.0% Tax Rate
Revenue @
5.0% Tax Rate
Cultivation
2
$5,000,000
$10,000,000
$250,000
$400,000
$500,000
Manufacturing
1
$2,000,000
$2,000,000
$50,000
$80,000
$100,000
Distribution
1
$2,000,000
$2,000,000
$50,000
$80,000
$100,000
Retailer
2
$1,500,000
$3,000,000
$75,000
$120,000
$150,000
TOTAL BUSINESSES
3
$17,000,000
$425,000
$680,000
$850,000
Scenario 3 shows assumes that all three of the available licenses from the City are for microbusinesses,
and that all three of these businesses include a retail component. The model assumes that one of the
microbusinesses would include retail, cultivation and manufacturing, one would include retail, cultivation
and distribution, and one would include retail, manufacturing and distribution. The gross receipts for
each licensed activity is listed separately. Under this scenario, a community benefits fee at a rate of 2.5%
would generate $525,000, a rate of 4.0% would generate $840,000, and a rate of 5.0% would generate
$1,050,000 in annual revenue for the City.
Figure 3:
Summary Revenue Estimate; Scenario 3 1111.
Business Type
Number of
Operations
Avg Gross
Receipts
Total Gross
Receipts
Revenue @
2.5% Tax Rate
Revenue @
4.0% Tax Rate
Revenue @
5.0% Tax Rate
Cultivation
2
$5,000,000
$10,000,000
$250,000
$400,000
$500,000
Manufacturing
2
$2,000,000
$4,000,000
$100,000
$160,000
$200,000
Distribution
2
$2,000,000
$4,000,000
$100,000
$160,000
$200,000
Retailer
3
$1,000,000
$3,000,000
$75,000
$120,000
$150,000
TOTAL BUSINESSES
3
$21,000,000
$525,000
$840,000
$1,050,000
The City has also indicated that it would like to require licensed businesses to commit to a minimum
revenue guarantee as a part of their community benefits fee. HdL expresses no opinion on the concept
of a minimum revenue guarantee but notes that any flat -rate minimum fee would have to be set at a level
that is acceptable and realistic for all business types, including those with lower revenue potential. We
recommend that the minimum revenue guarantee be set at no more than $25,000 per business,
regardless of the number or types of activities they may conduct. At this level, the three licenses proposed
by the City would generate a guaranteed minimum of $75,000 in annual revenue.
Scenario 1 shows that, at a 2.5% rate, manufacturers, distributors and retailers might each generate
around $50,000 in annual revenue (assuming $2 million in gross receipts). Because retailers generally
share the same market and customer base, addition retailers would reduce the market share and gross
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Attachment 5
receipts for each one. In our models, having three retailers could potentially reduce the gross receipts for
each one from $2 million down to $1 million, in turn reducing the community benefits revenue from each
one from $50,000 per year down to just $25,000. To require such a business to guarantee that minimum
level of revenue to the City may be unreasonable. However, we anticipate that the limited number of
licenses available would tend to attract businesses that conduct more than one type of commercial
cannabis activity at a single location, thereby increasing their gross receipts and associated revenue
potential to the City.
If the City determines to require a minimum revenue guarantee as a part of each development agreement,
then as a precaution we would encourage the City to include some mechanism to appeal for relief in the
case of demonstrable temporary hardship. Otherwise, the requirement for a suffering business to pay
this minimum amount could contribute to the failure and loss of that business, and its associated revenues
for the City.
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Attachment 5
I. The Cannabis Industry in the National City/San Diego Region
The amount of revenue that a city or county may be able to generate from a cannabis business tax (or
comparable fees) depends upon the type, number and size of cannabis businesses that may choose to
locate within the City. Cannabis retailers, cultivators, manufacturers, distributors and testing facilities are
each interdependent upon a network of other cannabis businesses, so understanding the extent of the
industry in the region provides some basis for projecting the types of businesses that may vie for the 3
available licenses in National City.
Our analysis of potential revenue from a community benefits fee assessed on cannabis businesses is based
on data and assumptions about the total size of the local market. The three cannabis licensing agencies
for the State of California (the Bureau of Cannabis Control, the CalCannabis Division of the California
Department of Food and Agriculture, and the Manufactured Cannabis Safety Branch of the California
Department of Public Health) have all been issuing temporary licenses for commercial cannabis businesses
since late December of 2017. In addition, HdL has worked with a number of nearby cities and counties
that are developing or implementing their own cannabis regulatory and taxation programs. This data
provides a wealth of previously unavailable information about the cannabis industry around the State.
For our analysis, we shall assume that wholesale cannabis businesses such as cultivators, manufacturers
and distributors would primarily interact or do business with other cannabis businesses within a one -hour
radius of National City. This would roughly include the cities of San Diego, La Mesa, Escondido, Oceanside
and Vista, along with unincorporated San Diego County. There are 25 distributors, 26 manufacturers, 2
testing laboratories and 37 retailers within this region, along with 8 cultivators and 4 microbusinesses.
Combined, there are 102 active cannabis business licenses in all of San Diego County. These numbers are
shown below in Figure 3.
Figure 3:
Active Licenses in Nearby Communities
City/County
Cultivation
Distributor
Manufacturer
Retailer
Microbusiness
Testing
Laboratory
Total
Oceanside
5
3
4
2
0
0
14
Vista
0
0
0
5
0
0
5
Escondido
0
0
0
1
0
0
1
San Diego
2
20
19
17
1
2
61
San Diego County
1
1
0
2
1
0
5
La Mesa
0
1
3
10
0
0
14
El Cajon
0
0
0
0
1
0
1
Ramona
0
0
0
0
1
0
1
Total
8
25
26
37
4
2
102
Moving further out, we find a robust cannabis industry throughout Southern California. There are
currently 89 State -licensed cannabis businesses in neighboring Orange County. Riverside County has 316,
San Bernardino has 139, and Imperial County has 12. Los Angeles County has 993 State -licensed cannabis
businesses. Combined, there are 1,651 licensed cannabis businesses in this 6-county region, the vast
majority of which are within 2 hours of National City. Numerous cities and counties within this region are
currently in the process of permitting additional cannabis businesses or developing regulatory policies
that will allow them to do so in the near future.
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Attachment 5
We anticipate that the number of licensed cannabis businesses' in the Southern California region and the
number of jurisdictions allowing and permitting them will continue to increase substantially over time. As
this occurs, we would expect the decisions as to where these businesses choose to locate will be
increasingly driven by the same market -based factors that influence such decisions for other types of
businesses, including access to markets and consumers, available and appropriate industrial or
commercial space, competitive lease rates, a ready talent pool, and a network of supporting businesses
and industries. Differences in regulations and taxes (within reason) will cease to be the overarching
consideration.
The high number of licensed cannabis businesses within the greater Southern California region suggests
that there is already a large and diverse industry cluster that can both support and provide competition
for additional cannabis businesses. Cultivators, manufacturers and distributors in National City would
have plenty of options for who to work with in bringing their products to market, and retailers would have
lots of options for regionally -sourced products to place on their shelves.
3 The numbers here represent only those licenses listed as "Active" by the three State licensing agencies. The
number of State licenses and local licenses or permits may not be the same for a variety of reasons. The three State
licensing agencies separately license each individual commercial cannabis activity (except for microbusinesses which
may conduct three or more activities under one license). This may or may not be the case for local jurisdictions,
which may instead permit a single business to conduct multiple activities from a single location. For cultivators, we
have here listed the number of separate businesses, rather than the number of licenses, as it is very common for a
cultivator to hold multiple licenses from the State.
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Attachment 5
II. Common Cannabis Tax Rates
Cannabis tax rates have been settling and stabilizing around the State since the beginning of 2018. Many
cities instituted cannabis taxes prior to the implementation of statewide regulations, with a wide range
of tax structures and rates as high as $30 per square foot (for cultivation) or 18% of gross receipts. Some
of these "early adopter" cities have since reduced their rates to be more competitive with common rates
that are now emerging around the State.
The State of California applies two separate taxes to cannabis: a cultivation tax of $9.25 per ounce of dried
flower ($2.75 per ounce of dried leaf or trim and an excise tax of 15% on the purchase of cannabis and
cannabis products. These two separate State taxes can add up to 26% to consumer cannabis prices, even
before any local taxes are contemplated. This leaves very little room for local jurisdictions to work within
if they wish to remain under the total cumulative tax rate of 30%. This is an important benchmark to allow
the local industry to compete against the illicit market and against other regulated cannabis businesses
from around the State (see Attachment C; State Tax Considerations).
The City Council has provided direction to develop a revenue mechanism using community benefits fees
as a component of a required development agreement for any cannabis businesses. This fee would be
keyed to the gross receipts of the business, so as to provide revenues that are consistent with a
comparable cannabis tax, and therefore competitive with the tax rates in other nearby jurisdictions. The
City also desires that the community benefits fee should provide a guaranteed minimum amount of
revenue from each business.
HdL has worked with numerous local agencies around the State to develop cannabis tax measures for the
ballot. The initial range of tax rates for cannabis businesses other than cultivation commonly runs from
2% of gross receipts for distributors, to 2.5% for manufacturers, and up to 4% for retailers. These rates
may be adjusted up to a maximum of 3%, 4% and 6%, respectively. The most common tax rates that HdL
recommends to our clients are shown in Figure 4, below.
Figure 4:
Commonly Recommended Rates for Various Cannabis Business Types
Cannabis Business Type
Initial Rate
Maximum Rate
Cultivation (indoors)
$7 per square foot
$10 per square foot
Manufacturing
2.5% of gross receipts
4% of gross receipts
Distribution
2% of gross receipts
3% of gross receipts
Retail
4% of gross receipts
6% of gross receipts
Testing
1% of gross receipts
2.5% of gross receipts
The tax or fee rates shown are commonly applied when a jurisdiction has specified the number of licenses
or permits they will be issuing for each type of business. For example, if a city determined that it would
issue 4 licenses for cultivation, 4 for manufacturing, 4 for distribution and 2 for retail, then the anticipated
tax revenue for that city would be a function of applying the specified rates above to the number and
anticipated gross receipts (or square footage) for each type of cannabis business. Though the
performance and actual gross receipts of each business would vary, the general range of revenues would
be somewhat predictable, allowing the city to budget accordingly.
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Attachment 5
However, National City is currently proposing to allow just three cannabis businesses, without specifying
what types they may be. Because of this, the different rates above could produce significant variations in
the amount of revenue generated for the City, depending on the types of businesses receiving those 3
licenses. For example, 2 retailers and 1 manufacturer might generate as much as $170,000 for the City,
while 2 distributors and 1 testing laboratory might generate as little as $70,000.
Because of this, HdL recommends that the City apply a uniform rate for all potential cannabis businesses,
so that revenues will be reasonably consistent regardless of the types of businesses receiving the three
available licenses. We recommend the City consider a range of 2.5% to 5.0% of gross receipts for all
cannabis businesses, regardless of type. This range would be slightly higher than the standard rates shown
above for some types of businesses but would be somewhat lower for others.
In addition, HdL anticipates that the limited number of licenses available would tend to attract businesses
that conduct more than one type of commercial cannabis activity at a single location, most likely including
retail as a component of their operation. This may or may not include cannabis microbusinesses, which
may conduct at least three types of licensed cannabis business activities under a single State license,
provide that any cultivation is limited to no more than 10,000 square feet of canopy. Applying a single
rate to all cannabis business activities provides for a simplified tax or fee structure for businesses
conducting more than one type of licensed activity.
Figure 5:
HdL Recommended Rates for National City
Cannabis Business Type
Conservative Rate
Moderate Rate
Aggressive Rate
Cultivation (indoors)
2.5% of gross receipts
4% of gross receipts
5% of gross receipts
Manufacturing
2.5% of gross receipts
4% of gross receipts
5% of gross receipts
Distribution
2.5% of gross receipts
4% of gross receipts
5% of gross receipts
Retail
2.5% of gross receipts
4% of gross receipts
5% of gross receipts
Testing
2.5% of gross receipts
4% of gross receipts
5% of gross receipts
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Attachment 5
III. Cannabis Manufacturers
The manufacturing sector is still evolving and expanding, which presents significant opportunities for
innovation, business development and job growth. The range of products being produced includes an
ever-increasing variety of edibles such as candies, cookies, dressings, and infused (non-alcoholic) drinks.
Manufacturers may produce their own extract on site, or they may buy extract from other Type 6 or Type
7 licensees. Much like any other industry, cannabis manufacturers often depend upon other businesses
to supply them with the various materials or components that go into their final product. These suppliers
do not have to be located in or even near the same jurisdiction as the final manufacturer, and may be
located anywhere throughout the state.
Some manufacturers may handle all steps from extraction to packaging the end product in the form of
vape pens or other such devices. Others may handle only discreet steps, such as making the raw cannabis
concentrate, which is then sold either directly to retailers or to a Type N manufacturer who will package
it into vapor cartridges or other end consumer products. Manufacturers also produce a wide variety of
tinctures, as well as topicals such as cannabis infused lotions, salves, sprays, balms, and oils.
As of July 30`h, 2019, the Manufactured Cannabis Safety Branch (MCSB) of the California Department of
Public Health shows 871 cannabis manufacturing licenses statewide, held by 841 separate companies. Of
these, 464 are for non-volatile extraction, 243 are for volatile extraction, 123 are for non -extraction
manufacturing, 25 are for packaging and labeling, and 16 are for manufacturers using shared -use facilities.
In its regulatory impact statement, the MCSB estimated that 1,000 cannabis manufacturing businesses in
California would employ around 4,140 people, for an average of 4 jobs per manufacturer. HdL believes
this average is on the low side, as we are aware of individual manufacturers which have over 100
employees. While this figure is clearly an outlier, it demonstrates that cannabis manufacturers have the
potential to far exceed the MCSB's estimate.
HdL has reviewed pro-formas for numerous cannabis manufacturers seeking permits in counties and cities
throughout California. From our review we have seen a range of gross receipts from around $1 million
to well over $20 million, with an average in the range of $2 million to $3 million. For National City, we
anticipate that cannabis manufacturers would likely tend towards the lower side of this range.
We have provided three scenarios to estimate the potential revenue that could be generated from a fee
in the range of 2.5% to 5.0% applied to 1, 2 or 3 manufacturers, with a conservative average of $2.0 million
each. We anticipate that the revenues that could be generated from 2 manufacturers ranges from
$100,000 to $200,000 per year.
Figure 5:
Cannabis Manufacturers; HdL Recommended Rates
Type 6/7/N/P
Manufacturer
# of Licenses
Avg Gross
Receipts
Total Gross
Receipts
Revenue @
2.5% Tax Rate
Revenue @
4.0% Tax Rate
Revenue @
5.0% Tax Rate
Scenario 1
1
$2,000,000
$2,000,000
$50,000
$80,000
$100,000
Scenario 2
2
$2,000,000
$4,000,000
$100,000
$160,000
$200,000
Scenario 3
3
$2,000,000
$6,000,000
$150,000
$240,000
$300,000
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Attachment 5
IV. Cannabis Distributors
Perhaps more than any other part of the cannabis supply chain, distributors are greatly dependent upon
the number and variety of other cannabis business types within their service area. Essentially, distributors
need a certain "critical mass" of other cannabis businesses for them to serve. Because of this, distributors
tend to be located in cities or regions which have a large base of cultivation or manufacturing, as well as
a large surrounding customer base.
As a very general figure, the number of cannabis distributors statewide is roughly 1/4 of the number of all
other cannabis licenses, combined, or 1 distributor for every 4 other cannabis businesses. In addition,
virtually all (260 out of 262) licensed microbusinesses in California include distribution as one of their
licensed activities. We can reasonably extrapolate from this to assume that a similar ratio of distributors
to other businesses is necessary within any defined region.
The business model for distributors is based on a percentage markup on the price paid to their suppliers.
This markup commonly averages 20% to 30%, though this depends upon the actual services being
provided. However, it is important to note that the distributor category may include a variety of services,
not all of which are provided by all licensed distributors. Just under 11% of distributors hold Type 13
licenses that allow self -distribution or transport only. A distributor which is only buying and reselling
cannabis at wholesale may make as little as 10% on a transaction, while a distributor which is purchasing
raw flower and packaging it as pre -rolls for retail sale may make 50% or more on such a value-added
transaction.
Distributors may have annual revenues ranging from less than $1 million to over $70 million. The vast
majority of distributors would fall at the lower end of that range, with those at the high end qualifying as
outliers. While there is not yet an abundance of data to determine the average gross receipts for
distributors, HdL has reviewed a number of pro -formal for distributors seeking licenses in other
jurisdictions. These indicate anticipated gross receipts commonly in the range of $2 million to $3 million
per year, with an average of $2.5 million. HdL anticipates that distributors in National City would tend
towards the lower end of that range, with an average of $2 million in gross receipts.
We have provided three scenarios to estimate the potential revenue that could be generated from a fee
in the range of 2.5% to 5.0% applied to 1, 2 or 3 distributors, with a conservative average of $2.0 million
in gross receipts. Under these scenarios, a community benefits fee of 2.5% of could generate between
$50,000 and $150,000 in annual revenue for the City, depending upon the number of distributors, and a
rate of 4.0% could generate between $80,000 and $240,000. A rate of 5.0% could generate between
$100,000 and $300,000. These numbers are shown in Figure 7, below.
Figure 7:
Cannabis Distributors; HdL Recommended Rates
Distributors
# of Licenses
Avg Gross
Receipts
Total Gross
Receipts
Revenue @
2.5% Tax Rate
Revenue @
4.0% Tax Rate
Revenue @
5.0% Tax Rate
Scenario 1
1
$2,000,000
$2,000,000
$50,000
$80,000
$100,000
Scenario 2
2
$2,000,000
$4,000,000
$100,000
$160,000
$200,000
Scenario 3
3
$2,000,000
$6,000,000
$150,000
$240,000
$300,000
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Attachment 5
V. Cultivation
The CalCannabis Division of the California Department of Food and Agriculture has been issuing temporary
cultivation licenses since January 1, 2018. As of October 11th, CalCannabis shows 3,637 active cultivation
licenses statewide, held by 1,756 distinct businesses comprising 647 acres of cultivation which are
conservatively estimated to be capable of producing over 6 million pounds of cannabis per year. This is
more than double the estimated 2.5 million pounds per year consumed by all Californians, combined.
The cannabis cultivation market in California has already far exceeded its saturation point, which suggests
that there is not enough room for those growers already licensed, much less new entrants into the market.
Entry into this highly competitive marketplace can be filled with risk, and requires ample capitalization
and a clear branding and marketing strategy to win shelf space.
As discussed in Section III; Common Cannabis Tax Rates, HdL commonly recommends that cannabis
cultivation be taxed per square foot, rather than by gross receipts. However, due to the limited number
of licenses the City will be allowing, we anticipate that these businesses will likely conduct more than one
type of permitted activity from a single location. For vertically -integrated businesses such as this, we
recommend that the City's community benefits fee provide a single rate for all cannabis business types,
based on gross receipts.
Determining an equivalent rate between a fee based on square footage and one based on gross receipts
can be accomplished using a few basic assumptions. In Figure 7 we have projected the amount of cannabis
that can be produced from a typical 10,000 square foot indoor cultivation facility. We have assumed that
the facility will achieve four harvest cycles per year, which is fairly standard (though many operators are
able to achieve more). Yield is assumed to average one pound of cannabis flower for every 8 square feet
of cultivation area. Using this figure, a 10,000 square foot cultivation facility operating 4 cycles would
produce around 5,000 pounds of cannabis per year.
The wholesale price per pound is conservatively assumed to be $1,000. This figure is somewhat lower
than the current average for indoor -grown cannabis, but there is still great variability in the market and,
over the long term we anticipate that wholesale prices for raw cannabis will continue to decline. Applying
this figure, our 10,000 square foot facility would generate $5 million in gross receipts.
Figure 11 (below) shows the equivalent rates for square footage, gross receipts and yield (per -pound),
based on these assumptions. A rate of 2.5% would be equivalent to a rate of $12.50 per square foot. A
rate of 4.0% would be equivalent to $20.00 per square foot, and a rate of 5.0% would be equivalent to
$25.00 per square foot.
Figure 11:
Cultivation Tax Rate Convertor; Proposed Gross Receipts Rates
Cultivation
Type
Harvest
Cycles
/Year
Sample
Area
{sq ft)
Yield @
1 lb/8 sf
/cycle
Price per
pound
Gross
Receipts
Tax Rate
% Gross
Receipts
Total
Annual
Tax Paid
Tax Rate
per Pound
Tax Rate
per SF
Indoors
4
10,000
5,000
$1,000
$5,000,000
2.50%
$125,000
$25.00
$12.50
Indoors
4
10,000
5,000
$1,000
$5,000,000
4.00%
$200,000
$40.00
$20.00
Indoors
4
10,000
5,000
$1,000
$5,000,000
5.00%
$250,000
$50.00
$25.00
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Attachment 5
These conversion rates are significantly higher than the $7.00 to $10.00 per square foot range that we
commonly recommend for indoor cultivation. However, in this case we believe these rates are justified
by the limited availability of permits and the high likelihood that any cultivation would be part of a
vertically -integrated business which would sell a substantial portion of its product at retail prices, rather
than wholesale, or as value-added manufactured products.
We have provided 3 scenarios, assuming 1, 2 or 3 cultivation sites with up to 10,000 square feet of canopy
each. Under these scenarios, applying a community benefits fee of 2.5% of gross receipts would generate
between $125,000 and $375,000 in annual revenue for the City. A fee of 4.0% would generate between
$200,000 and $600,000, and a fee of 5.0% would generate between $250,000 and $750,000. These
estimates are shown in Figure 9, below.
Figure 9:
Cannabis Cultivation; HdL Recommended Rates
Cultivation Type
# of Sites
Average
Square Feet
Total Gross
Receipts
Revenue @
2.5% Tax Rate
Revenue @
4.0% Tax Rate
Revenue @
5.0% Tax Rate
Indoor
1
10,000
$5,000,000
$125,000 $200,000
$250,000, $400,000,
$250,000
$500,000
Indoor
2
10,000
$10,000,000
Indoor
3
10,000
$15,000,000
$375,000, $600,000
$750,000
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Attachment 5
V. Testing Laboratories
California law requires that all dried cannabis flower or leaf must be tested for tetrahydrocannabinol (THC)
and cannabidiol (CBD) content, contaminants, impurities and other factors before it can be sold to a
manufacturer, distributor, dispensary or end user. The cost of this mandated testing and the loss of
product for a testing sample can add around 0.7% to the wholesale cost.
The Bureau of Cannabis Control shows only 29 active licenses for testing laboratories in all of California, 3
of which are in the City of San Diego. 6 more facilities are within roughly an hour of the City. This high
concentration of testing facilities suggests that the local cannabis industry is already well -served, so that
additional facilities may not be needed. Virtually all of the cannabis businesses that would be served by
a testing laboratory in National City would come from the north and would have to pass by numerous
closer facilities to get their product to the lab. Because of this, we believe it is highly unlikely that National
City would attract any additional testing facilities.
Testing is an independent, semi -regulatory function mandated by the State to protect consumer health
and safety, and which amounts to a State -imposed cost on the product. HdL is not aware of any similar
testing of agricultural products that is subject to a separate tax on top of the cost of mandated testing.
More commonly, the costs for similar services for other agricultural products may be subsidized by the
USDA or other sources that are not available to cannabis farmers.
Tax (or fee) rates for cannabis testing laboratories tend to fall between 1% and 2%, in recognition of the
quasi -regulatory function they provide. Some jurisdictions choose to not apply any tax to testing
laboratories, in recognition of the semi -regulatory function they serve. The recommended rates of 2.5%
to 5% are well above the common range for cannabis testing facilities and would likely serve as a powerful
disincentive for any testing facilities seeking to locate in the City. Were the City to provide a lower fee
rate for testing laboratories, it would effectively be giving up higher potential revenues from some other
potential use of one of the 3 limited permits.
For these reasons, we believe it is highly unlikely that the City would succeed in attracting any cannabis
testing laboratories.
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Attachment 5
VI. Cannabis Retailers
Retailers are the only cannabis business type that specifically serves the local community, rather than
feeding into the statewide market, and so the number of retailers can be assumed to be somewhat
proportional to the local population. Cannabis retailers address a local market demand which is generally
assumed to exist within a given community regardless of whether there is any legal access. Consumer
demand for cannabis is assumed to generally be a constant, regardless of its legal status or the availability
of retailers, and so it's reasonable to expect that more retailers would mean fewer customers for each
and, thus, lower gross receipts.
It is anticipated that providing greater access to retailers would initially facilitate a shift in cannabis
purchases happening through legal, regulated means rather than through the illicit market. Eventually,
though, the local cannabis market will reach saturation, at which point new cannabis retailers will simply
cannibalize sales from existing retailers. Essentially, both licensed and unlicensed cannabis retailers all
divide the same pie. The taxable amount of gross sales will likely plateau at some point, regardless of the
number of retailers.
Under California's regulatory program, it is anticipated that consumers will have little reason to purchase
cannabis in the medical segment rather than buying in the adult use segment. Both medical and adult
use cannabis will pay the State cultivation tax and excise tax, with the only advantage being an exemption
from regular sales tax for qualifying patients with a State -issued identification card. Currently there are
only 6,172 such cardholders in California, and just 436 cards were issued in all of San Diego County in FY
2017/2018'. Eligibility for this limited sales tax exemption will cost consumers approximately $100 per
year, plus time and inconvenience, for a savings of 8.75% in National City. It's anticipated that this will
provide no price advantage for the majority of cannabis consumers"
The Bureau of Cannabis Control projects that more than half of the adult use purchases currently in the
illicit market will transition to the legal market to avoid the inconvenience, stigma and risks of buying
unknown product through an unlicensed seller'" Essentially, the easier, cheaper and more reliable it is
for consumers to access quality cannabis legally, the less reason they will have to purchase it through the
illicit market. That same study projects that 60% of those currently in the legal, medical cannabis market
will shift to the adult use market, for the reasons noted above. The availability of legal adult use cannabis
is also anticipated to produce a small 9.4% increase in consumer demand. It must be noted, though, that
this transition to legal sales is dependent upon the availability of legal access. The majority of cities and
counties in California do not allow or permit cannabis retailers, which has buoyed a persistent black
market.
The shift from medical to adult use sales is not expected to change the overall volume of sales, only the
category into which they fall. Once the legal, adult use market is properly functioning and available
throughout the state, it is anticipated to capture about 61.5% of the overall cannabis market in California.
The legal medical cannabis market is projected to decline to just 9% of the overall market, though this
projection may change due to the increasing popularity of CBD products. The other 29.5% is expected to
remain in the illicit market". The vast majority of retail licenses issued by the Bureau of Cannabis Control
are for retailers who will operate both medical and adult use from the same premises.
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Attachment 5
Sales tax is collected at the point of purchase, which allows storefront cannabis retailers to capture sales
tax dollars from outside of their host cities. This applies to cannabis retail taxes, too. Retail studies show
that 93% of consumers are willing to travel 15 to 20 minutes to make most routine purchases", meaning
that storefront retailers in National City may be able to capture sales tax (and cannabis tax) from a much
larger area extending generally from as far away as San Diego, La Mesa, Chula Vista and Imperial Beach.
For purchases made via delivery, however, the point of purchase is considered to be the location where
the goods trade hands. Thus, while storefront retailers may capture voter -approved sales taxes and
community benefits fees from outside of National City, delivery services cannot. Storefront cannabis sales
in National City would collect a total of 2.00% sales tax plus any applicable community benefits fees for
the City, while delivery to addresses outside of the City would only be subject to the base 1.00% sales tax.
Though both storefront and non -storefront retailers would serve the same customer base, the City would
collect a significantly higher amount of revenue from sales made at storefront retail locations than from
those made via delivery to addresses outside of the City.
Estimates of the percentage of the population that uses cannabis on a regular basis vary from around 10%
to 13%"', up to as high as 22%"". This percentage is influenced by social acceptance of cannabis within the
local community. Applying these estimates to the City's population of 60,000 would yield between
roughly 6,000 and 13,000 potential cannabis consumers.
HdL has seen a general range of revenues for cannabis retailers of between $1 million and $4 million,
though some outliers have gross receipts as high as $20 million. Receipts for retailers are directly related
to the size of the market, so more retailers in a city would generally indicate lower gross receipts for each.
Retailers in National City would have to compete for market share with 17 retailers in San Diego and 10
in La Mesa, both of which are within reasonable driving or delivery distance. In addition, retailers would
lose some portion of sales to unlicensed delivery services. The Weedmaps website shows between 30
and 50 unlicensed cannabis delivery services that all appear to deliver to addresses in National City'.
HdL estimates that one retailer in National City would average $2 million in gross receipts, 2 would average
$1.5 million, and 3 would average $1 million. Applying the recommended community benefits fee of 2.5%
of gross receipts to these figures would generate between $50,000 and $75,000 in annual revenue for the
City. A rate of 4.0% would generate between $80,000 and $120,000, and a rate of 5.0% would generate
between $100,000 and $150,000.
Cannabis Retailers
License Type
# of Licenses
Avg Gross
Receipts
Total Gross
Receipts
Revenue @
2.5% Tax Rate
Revenue @
4.0% Tax Rate
Revenue @
5.0% Tax Rate
Retailers
1
$2,000,000
$2,000,000
$50,000
$80,000
$100,000
Retailers
2
$1,500,000
$3,000,000
$75,000
$120,000
$150,000
Retailers
3
$1,000,000
$3,000,000
$75,000
$120,000
$150,000
4 Businesses listed on Weedmaps are often shown multiple times to show multiple locations they will deliver to.
HdL Companies
Fiscal Analysis of the Commercial Cannabis Industry in the City of National City Page 16 of 25
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Attachment 5
APPENDIX
a. Legal and Regulatory Background for California Page 19
b. State Tax Considerations Page 22
c. General Economic Impacts Page 24
d. References Page 26
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Attachment 5
a. Legal and Regulatory Background for California
The legal and regulatory status of cannabis in the State of California has been continually evolving ever
since the passage of Proposition 215, the Compassionate Use Act of 1996 (CUA), which de -criminalized
the use, possession and cultivation of cannabis for qualifying patients and their primary caregivers when
such use has been recommended by a physician. The CUA did not create any regulatory program to guide
implementation, nor did it provide any guidelines for local jurisdictions to establish their own regulations.
The lack of legal and regulatory certainty for medical marijuana (or cannabis) continued for nearly 20
years, until the passage of the Medical Cannabis Regulation and Safety Act (MCRSA) in October of 2015.
MCRSA created a State licensing program for commercial medical cannabis activities, while allowing
counties and cities to maintain local regulatory authority. MCRSA required that the State would not issue
a license without first receiving authorization by the applicable local jurisdiction.
On November 8, 2016, the voters of the State of California approved Proposition 64, the Adult Use of
Marijuana Act (AUMA), which allows adults 21 years of age or older to legally grow, possess, and use
marijuana for personal, non -medical "adult use" purposes, with certain restrictions. AUMA requires the
State to regulate non -medical marijuana businesses and tax the growing and selling of medical and non-
medical marijuana. Cities and counties may also regulate non -medical marijuana businesses by requiring
them to obtain local permits or restricting where they may be located. Cities and counties may also
completely ban marijuana related businesses if they so choose. However, cities and counties cannot ban
transport of cannabis products through their jurisdictions, nor can they ban delivery of cannabis by
licensed retailers to addresses within their jurisdiction (added later through regulations).
On June 27, 2017, the Legislature enacted SB 94, which repealed MCRSA and incorporated certain
provisions of MCRSA into the licensing provisions of AUMA. These consolidated provisions are now known
as the Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA). MAUCRSA revised
references to "marijuana" or "medical marijuana" in existing law to instead refer to "cannabis" or
"medicinal cannabis," respectively. MAUCRSA generally imposes the same requirements on both
commercial medicinal and commercial adult -use cannabis activity, with certain exceptions. MAUCRSA
also made a fundamental change to the local control provisions. Under MCRSA, an applicant could not
obtain a State license until they had a local permit. Under MAUCRSA, an applicant for a State license does
not have to first obtain a local permit, but they cannot be in violation of any local ordinance or regulations.
The State licensing agency shall contact the local jurisdiction to see whether the applicant has a permit or
is in violation of local regulations, but if the local jurisdiction does not respond within 60 days, then the
applicant will be presumed to be in compliance and the State license will be issued.
MAUCRSA authorizes a person to apply for and be issued more than one license only if the licensed
premises are separate and distinct. With the passage of AB 133 in 2017, a person or business may co -
locate multiple license types on the same premises, allowing a cultivator to process, manufacture or
distribute their own product from a single location. This includes the allowance to cultivate, manufacture,
distribute or sell cannabis for both medical and adult use from a single location. Licensees of cannabis
testing operations may not hold any other type of license. However, these allowances are still subject to
local land use authority, so anyone seeking to operate two or more license types from a single location
would be prohibited from doing so unless local regulations allow both within the same zone.
HdL Companies Fiscal Analysis of the Commercial Cannabis Industry in the City of National City
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Attachment 5
The table below provides a detailed overview of the license types available under MAUCRSA and state
cannabis regulations:
State License Types Under MAUCRSA
Type
Activity
Description
Details
Licensing
Agency
Notes
1
Cultivation
Outdoor; Specialty, Small
Up to 5,000 sf, or 50 plants on non-
contiguos plots
CDFA
A, B
1A
Cultivation
Indoor; Specialty, Small
501 sf - 5,000 sf
CDFA
A, B
18
Cultivation
Mixed -Light; Specialty, Small
2,501 sf - 5,000 sf
CDFA
A, B
1C
Cultivation
Outdoor/indoor/mixed; Specialty
Cottage, Small
Up to 25 plants outdoor; up to 2,500 sf
mixed light; up to 500 sf indoor
CDFA
A, B
2
Cultivation
Outdoor; Small
5,001 sf - 10,000 sf
CDFA
A, B
2A
Cultivation
Indoor; Small
5,001 sf-10,000 sf
CDFA
A, B
2B
Cultivation
Mixed Light, Small
5,001 sf-10,000 sf
CDFA
A, B
3
Cultivation
Outdoor; Medium
10,001 sf - one acre
CDFA
A, B, C
3A
Cultivation
Indoor; Medium
10,001 sf - 22,000 sf
CDFA
A, B, C
3B
Cultivation
Mixed -Light; Medium
10,001 sf - 22,000 sf
CDFA
A, B, C
4
Cultivation
Nursery
CDFA
A, B
-
Cultivation
Processor
Conducts only trimming, drying, curing,
grading and packaging of cannabis
CDFA
A, B, E
5
Cultivation
Outdoor; Large
Greater than 22,000 sf
CDFA
A, B, D
5A
Cultivation
Indoor; Large
Greater than 22,000 sf
CDFA
A, B, D
5B
Cultivation
Mixed -Light; Large
Greater than 22,000 sf
CDFA
A, B, D
6
Manufacturer 1
Extraction; Non-volatile
Allows infusion, packaging and labeling
OMCS
A, B
7
Manufacturer 2
Extraction; Volatile
Allows infusion, packaging and labeling,
plus non-volatile extraction
OMCS
A, B
N ■
Manufacturer
Infusion for Edibles, Topicals
No extraction allowed
OMCS
A, B, E
P MI
Manufacturer
Packaging and Labeling
No extraction allowed
OMCS
A, B, E
S
Manufacturer
Shared -use manufacturer
Manufacturing in a shared -use facility
OMCS
A, B, E
8
Testing
Shall not hold any other license type
BCC
A
9
Retailer
Non -storefront retail delivery
Retail delivery without a storefront
BCC
A, F
10
Retailer
Retail sale and delivery
BCC
A, B
11
Distributor
BCC
A, B
12
Microbusiness
Cultivation, Manufacturer 1,
Distributor and Retailer
< 10,000 sf of cultivation; must meet
requirements for all license types
BCC
A, B
CDFA
California Department of Food and Agriculture
OMCS
Calfornia Department of Public Health, Office of Manufactured Cannabis Safety
BCC
Bureau of Cannabis Control
A
All license types valid for 12 months and must be renewed annually
B
All license types except Type 8 Testing must be designated "A" (Adult Use), "M" (Medical) or "A/M" (Both)
C
CDFA shall limit the number of licenses allowed of this type
D
No Type 5 licenses shall be issued before January 1, 2023
E
Established through rulemaking process
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Attachment 5
AUMA, and its successor MAUCRSA, required three state agencies, the Bureau of Cannabis Control, the
California Department of Food and Agriculture, and the California Department of Public Health, to permit
commercial cannabis licensees and to adopt regulations for the cannabis industry. On January 16, 2019,
all three agencies announced that the State's Office of Administrative Law officially approved the
proposed regulations, which took immediate effect and replaced the emergency regulations that had
been in effect since 2017. The final regulations were largely similar to the emergency regulations, but
somewhat controversially, Section 5416(d) of the Bureau of Cannabis Control regulations authorizes
deliveries of cannabis products into any city or county in the state, even if a city or county has banned
commercial deliveries.
HdL Companies Fiscal Analysis of the Commercial Cannabis Industry in the City of National City
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Attachment 5
b. State Tax Considerations
To determine what local tax rates might be most appropriate, they must be considered in the context of
other taxes imposed by the State. Any local taxes will be in addition to those taxes applied through the
Adult Use of Marijuana Act (AUMA), which imposes both a 15% excise tax on purchases of cannabis or
cannabis products and a separate cultivation tax on harvested cannabis that enters the commercial
market, as well as sales tax. Taxes are most commonly expressed as a percent of price or value, so some
method of conversion is necessary to allow development of an appropriate cultivation tax based on square
footage.
The State tax rate for
cultivation is set at $9.25 per
ounce of dried flower or
$2.75 per ounce of dried leaf.
Because these rates are set
per ounce, rather than as a
percentage of price paid, the
tax is the same whether the
cultivator is producing
commercial -grade cannabis
at $500 per pound or top -
grade cannabis at $2,500 per
pound. The cultivator is
generally responsible for
payment of the tax, though
that responsibility may be
passed along to either a
manufacturer or distributor
via invoice. at the time the
product is first sold or
transferred. The distributor
is responsible for collecting
the tax from the cultivator
upon entry into the
commercial market, and
Cumulative Cannabis Taxes
Category
Amount
Increase
Cumulative Price
Producer Price
$1,000
$1,000
$1,000
State Cultivation Tax
$9.25/oz
$148
$1,148
Local Tax
3.75%
$38
$1,186
Batch Testing
$75/Ib, + 0.75%
$75
$1,261
Wholesale Price w/Taxes
$1,261
Total Tax at Wholesale
$261
Tax as %
26.05%
Distributor Markup
20.00%
$252
$1,513
Local Tax
10.00%
$151
$1,664
Total Distributor Price
$1,664
Total Taxes at Distributor
$412
Total Tax as %
24.75%
Retailer Markup
100.00%
$1,664
$3,328
Local Tax
10.00%
$333
$3,660
State Excise Tax
15.00%
$499
$4,160
Total Retailer Price
$4,160
Total Taxes at Retail
$1,244
Total Tax as %
29.90%
CA Sales Tax (non -medical)
6.25%
$260
$4,420
Local Sales Tax
2.00%
$83
$4,503
Total Taxes at Retail
$1,587
Total Tax as %
35.24%
Total Local Tax
13.43%
$604.73
remitting it to the California Department of Tax and Fee Administration.
The cultivation tax of $9.25 per ounce of dried flower is equivalent to $148 per pound. Just a year ago,
HdL would have assumed an average wholesale market price for dried flower of around $1,480 per pound,
which would make that $148 equal to 10% of value. Since then, however, prices have plummeted.
Competitive market forces enabled by legalization have brought the average price for indoor cannabis
down to around $1,000 per pound, or even less (cannabis prices vary greatly based on quality of the
product).
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Attachment 5
Conversations with cannabis industry trade groups suggest that the cumulative tax rate on the end
product should remain at or around 30%. Higher rates create too much price disparity between legal and
illegal cannabis, making it harder for the regulated industry to compete with the illicit market. Higher
local tax rates can also make a county or city less attractive to the industry, especially for manufacturers
and distributors, which have greater flexibility in choosing where to locate. We believe that setting rates
that adhere to this 30% rule will help keep the local cannabis industry competitive with other cultivators
across California, thus encouraging the transition to a legal industry.
The above table shows how the cumulative tax rate on adult -use cannabis builds as the product moves
towards market. The value of the product increases as it moves through the supply chain towards market,
with manufacturers, distributors and retailers each adding their own markup. Testing laboratories do not
add a direct markup to the product, but the cost of testing and the loss of a small test sample can add
around $75 per pound. Any or all of these activities may be taxed.
This model assumes a hypothetical case where cultivation, manufacturing, testing, distribution and retail
sale all happen within the same jurisdiction and are thus all subject to that jurisdiction's tax rates. In
actuality, this is unlikely to be the case. Manufacturers may work with product purchased from anywhere
in California, and may sell their product to retailers elsewhere, as well. The cumulative tax burden for any
product at retail sale will almost always include a variety of tax rates from numerous jurisdictions.
HdL Companies Fiscal Analysis of the Commercial Cannabis Industry in the City of National City
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Attachment 5
c. General Economic Impacts
Discussion of regulating and taxing the cannabis industry can too often overshadow the larger jobs and
economic development issues that typically accompany efforts to attract new industry. Word that a new
business or industry is looking to bring hundreds of new jobs to a community is more commonly met with
open arms and offers of tax incentives. The cannabis industry is perhaps completely unique in that the
inherent jobs and economic development benefits are welcomed more grudgingly and met with the
disincentive of special taxes.
As with any other industry, the cannabis industry does not exist in a vacuum. Those businesses that
actually grow, process, manufacture, distribute and sell cannabis products support a wide variety of other
businesses that may never touch the actual product itself. Cultivators support garden supply stores, green
house manufacturers, irrigation suppliers, soil manufacturers, and a wide variety of contractors including
building and construction, lighting and electrical, HVAC, permitting, and engineering. Manufacturers
support many of these same businesses, plus specialized tooling and equipment manufacturers, and
product suppliers for hardware, packaging, and labeling. All of these businesses support, and are
supported by, a host of ancillary businesses such as bookkeepers, accountants, tax preparers, parcel
services, marketing and advertising agencies, personnel services, attorneys, mechanics, facilities
maintenance, security services, and others.
The economic benefits are not limited to those in the cannabis industry, itself. Cultivators bring new
money into the community by selling their products into a statewide market. Their profits and the salaries
they pay move into the general local economy, supporting stores, restaurants, car dealerships,
contractors, home sales and other businesses. In Humboldt County, a study done in 2011 found that at
least $415 million dollars in personal income was entering the local economy annually from the cannabis
industry, roughly equal to one quarter of the county's entire $1.6 billion economy.
While Humboldt is likely an outlier, research done by HdL for other clients suggests that other counties
and cities see similar, if smaller, economic inputs from this industry, with some in the range of $100 million
dollars or more annually. As this industry adapts to a legal paradigm, the challenge for some counties will
be mitigating and minimizing the economic loss as the black market slowly fades away.
Because of the emerging nature of this industry, it is currently populated primarily (but not solely) by
small, independently -owned businesses. Numerous studies have demonstrated that locally -owned,
independent businesses recirculate a far higher percentage of every dollar back into the local community
than large, corporately -owned businesses do. The same economic development arguments that are used
to support other independent, locally -owned businesses apply to this industry, too. Host cities or counties
should expect to see typical economic benefits from these new (or newly daylighted) businesses on par
with other new businesses, separate from any tax revenue that may be generated.
Industry experts believe that California's current statewide production is five to eight times higher than
the State's population consumes, a figure derived from the SRIA done for CDFA's cannabis cultivation
program. That assessment found that California's cannabis industry produces some 13.5 million pounds
of cannabis per year, which would be enough to provide over half a pound of cannabis per year for every
Californian 21 and over. However, the assessment also found that California's 4.5 million cannabis users
only consume about 2.5 million pounds of cannabis per year.
HdL Companies Fiscal Analysis of the Commercial Cannabis Industry in the City of National City
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Attachment 5
The Bureau of Cannabis Control projects that more than half of the adult use purchases currently in the
illicit market will transition to the legal market to avoid the inconvenience, stigma and risks of buying
unknown product through an unlicensed seller. Essentially, the easier, cheaper and more reliable it is for
consumers to access quality cannabis legally, the less reason they will have to purchase it through the
illicit market. That same study projects that 60% of those currently in the legal, medical cannabis market
will shift to the adult use market, for the reasons noted above. The availability of legal adult use cannabis
is also anticipated to produce a small 9.4% increase in consumer demand.
Given these figures, cities and counties should expect to see some increase in retail sales as these shifts
occur in the market. More significantly, the existence of legally permitted cannabis retailers will allow a
far greater portion of existing cannabis sales to be captured by legal (and tax -paying) retailers.
The shift from medical to adult use sales is not expected to change the overall volume of sales, only the
category into which they fall. Once the legal, adult use market is properly functioning, it is anticipated to
capture about 61.5% of the overall cannabis market in California. The legal medical cannabis market is
projected to decline to just 9% of the overall market. The other 29.5% is expected to remain in the illicit
market.
These numbers only apply to the 2.5 million pounds of cannabis that is consumed in California,
representing the potential size of the legal cannabis market. If 29.5% of the cannabis consumed in
California continues to come from the illicit market, then the size of the market for legal cannabis must
be adjusted downward accordingly. This would reduce the size of the legal market in California to 1.76
million pounds.
California has been issuing temporary licenses for commercial cannabis businesses since the beginning of
the year. As of July 30th, 2019, CDFA's CalCannabis division shows 2,619 active cultivation licenses, capable
of producing over 5.6 million pounds of cannabis per year. This amounts to over twice as much cannabis
as the State's legal buyers are anticipated to consume. Were the State to issue no more licenses, we
would still expect a failure rate of at least 40% in the next two years.
HdL Companies Fiscal Analysis of the Commercial Cannabis Industry in the City of National City
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Attachment 5
d. References
California Department of Public Health (2018) "Medical Marijuana Identification Card Program"
https://www.cdph.ca.gov/Programs/CHSI/Pages/Medial-Marijuana-Identification-Card.aspx
" "Economic Costs and Benefits of Proposed Regulations for the Implementation of the Medical Cannabis Regulation
and Safety Act (MCRSA)" (February 23, 2017) University of California Agricultural Issues Center
"' "Economic Costs and Benefits of Proposed Regulations for the Implementation of the Medical Cannabis
Regulation and Safety Act (MCRSA)" (February 23, 2017) University of California Agricultural Issues Center
" "Economic Costs and Benefits of Proposed Regulations for the Implementation of the Medical Cannabis
Regulation and Safety Act (MCRSA)" (February 23, 2017) University of California Agricultural Issues Center
v Ross Marchant (2014) "Consumers will Travel 17 Minutes to Reach a Local Business"
https://www.brightlocal.com/2014/05/01/local-business-travel-times/ Bright Local
V' CBS News (2018) "17 stoner states: Where's marijuana use highest?" https://www.cbsnews.com/pictures/17-
stoner-states-whe res-marijuana-use-highest/9/
"" Christopher Ingraham (April 20, 2017) "How many Americans regularly use pot? The number is, errr, higher than
you think" Sacramento Bee http://www.sacbee.com/news/nation-world/national/article145681414.html
HdL Companies Fiscal Analysis of the Commercial Cannabis Industry in the City of National City
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The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City: 1) authorizing the filing of a Proposition 68 Statewide
Park Development and Community Revitalization Program (SPP) application for the Kimball
Park Project in the amount of $7,738,273; 2) authorizing the City Manager or designee to
execute the grant agreement if selected for funding; and 3) if selected for funding, approving
the establishment of an Engineering Grants Fund Appropriation of $7,738,273 and
corresponding revenue budget to allow for reimbursement of eligible project expenditures
through the SPP for the Kimball Park Project. (Engineering/Public Works)
Please scroll down to view the backup material.
181 of 236
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE:
March 2, 2021
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City, 1) authorizing the filing of a Proposition 68 Statewide
Park Development and Community Revitalization Program (SPP) application for the Kimball Park Project in the
amount of $7,738,273; 2) authorizing the City Manager or designee to execute the grant agreement if selected
for funding; and 3) if selected for funding, approving the establishment of an Engineering Grants Fund
Appropriation of $7,738,273 and corresponding revenue budget to allow for reimbursement of eligible project
expenditures through the SPP for the Kimball Park Project.
PREPARED BY:Roberto Yano, City Engineer/Director of Public Works DEPARTMENT: Enginj�/P blic Works
PHONE: 619-336-4383
EXPLANATION:
See attached.
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
Rev. 296 *
Exp. 296409-500-598*
ENVIRONMENTAL REVIEW:
APPROVED:
APPROVED:
CEQA Notice of Exemption has been recorded with the County Clerk.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution to authorize the filing of the grant application.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation w/ exhibits
2. Resolution
3. Presentation
182 of 236
Explanation
Staff is requesting authorization to file a Proposition 68 Statewide Park
Development and Community Revitalization Program (SPP) application for the
Kimball Park Project. The grant request is for $7,738,273.
The SPP competitive grants will create new parks and new recreation
opportunities in critically underserved communities across California. Eligible
projects must involve either development or a combination of acquisition and
development to 1) create a new park, or 2) expand an existing park, or 3)
renovate and existing park.
The proposed project will renovate Kimball Park through the improvement of the
existing recreation center, shared use paths, solar lighting, dog park, dugout,
community garden, and basketball courts. The project will also harvest rainwater
by capturing runoff from buildings (See master plan and cost estimate attached).
In 2019, Kimball Park Master Plan Workshops occurred during the City's annual
Community Service Day event, the monthly Kimball Neighborhood Council
meeting and a youth design workshop. In 2021, staff held additional community
outreach at the MLK Community Center vaccination clinic, the Nutrition Center
senior meal program, and Kimball Park. A variety of methods were used to invite
residents to participate in the workshops, including social media, email blasts,
flyers, mailers, and incentives, such as food, refreshments, and kids activities. At
both the 2019 and 2021 workshops, approximately 101 people participated and
included 16 youth, 20 teens, 22 adults and 43 seniors. Participants identified the
following recreation, safety and beautification features as priorities for Kimball
Park:
• Recreation center with services and programs for all ages.
• Additional security lighting for safety and evening park usage.
• Resurface basketball court and add another basketball court to
accommodate high usage.
• Community education garden.
• Renovate baseball dugouts.
• Add a dog park so dogs and their owners can enjoy the park safely.
Council Resolution authorizing filing of the grant application is required.
Additionally, City Council delegates the authority to the City Manager or designee
to conduct all negotiations, sign and submit all documents, including, but not
limited to applications, agreements, amendments, and payment requests, which
may be necessary for the completion of the Grant Scope. If selected for funding,
City Council approves the establishment of an Engineering Grants Fund
Appropriation of $7,738,273 and corresponding revenue budget to allow for
reimbursement of eligible project expenditures through the SPP for the Kimball
Park Project.
183 of 236
If grant funding is awarded, staff will return to Council with a recommendation to
accept the grant. There is no local match required.
184 of 236
NTER
Kimball Park
MASTER PLAN
National City, CA I 24 FEBRUARY 2021
Scale: 111 = 50'-O"
0 25 50 75
o EXISTING TO REMAIN
CO EXISTING WITH IMPROVEMENTS
KEY Q NEW
Q CONVERTED TURF TO DROUGHT TOLERANT LANDSCAPING
O GATEWAY PLAZA
o EXISTING TOT -LOT WITH EDUCATIONAL IMPROVEMENTS,
SIGNAGE, ART, SURFACING & PLAY EQUIPMENT
RESTROOM / STORAGE - 6 PACK
RESTROOM / COMFORT STATION - 2 PACK
WAR MEMORIAL
DECORATIVE FENCING
PARADISE CREEK RESTORATION
INFILTRATION BASIN
SPECIMEN TREE IN RAISED PLANTER
TRELLIS
PARKING SPACES
TREE LINED CONCRETE PROMENADE
PICNIC TABLES
SCORE SHACK / CONCESSION STAND
STAIRS WITH HANDRAILS
EXISTING ELECTRICAL ENCLOSURE
"A" AVENUE EDUCATIONAL ART WALL
SKATE PARK
BLEACHERS
DECOMPOSED GRANITE PARADISE CREEK TRAIL
EXISTING PICNIC TABLES
® ROUNDABOUT
EXISTING BASKETBALL COURT (RESURFACED)
® KIMBALL BOWL / AMPHITHEATER
COMMUNITY HUB (ARTS, EDUCATION & WELLNESS, 2-STORY
LEED-CERTIFIED, ADA, RECREATION CENTER, SIGNAGE & ART)
BRIDGE DECK LINKS TO HUB WITH SIGNAGE & ART
DOG PARK (FENCING & FURNISHINGS)
NEW BASKETBALL COURT (FENCING & AGE -FRIENDLY HOOPS)
COMMUNITY EDUCATION GARDEN WITH SIGNAGE & ART
SOLAR LIGHTING (TYPICAL SYMBOL)
RAINWATER/GREYWATER HARVESTING FROM BUILDINGS
WITH SIGNAGE & ART
EXISTING DUGOUTS (UPGRADED ROOF AND SKIRTING)
PARADISE TRAIL PARKWAY CONNECTION
TREE PLANTING THROUGHOUT PARK
CALIFORNIA
NATIONAL CIT
INCORPORATED
185 of 236
GRANT SCOPE/COST ESTIMATE FORM
Follow the directions starting on page Error! Bookmark not defined.
GRANT SCOPE ITEMS
ACQUISITIONS: List each parcel number, acreage, estimated
date of purchase, and cost
DEVELOPMENT:List each RECREATION FEATURE and MAJOR
SUPPORT AMENITY
ESTIMATED COST
Renovate an existing Tot Lot (educational improvements, art,
signage, surfacing and equipment)
$80,000
Renovate an existing Basketball Court (resurface)
$6,500
Construct a new Community Hub (Arts, Education &
Wellness, 2-story, LEED-Certified, Accessible, Recreation
Center, Signage and Art)
$3,250,000
Construct new bridge deck links to Community Hub with
Signage and Art
$877,500
Construct a new Dog Park (fencing and furnishings)
$101,250
Construct a new Basketball Court (concrete with fencing and
age -friendly hoop heights)
$45,000
Construct a new Community Education Garden (paths,
planting, fencing, signage and art)
$156,876
Construct new Solar Lighting
$189,125
Construct new Rainwater Greywater Harvesting from
existing/new buildings with signage and art
$48,000
Renovate existing (6) Baseball Dugouts (upgrade with roof
and skirting)
$810,000
Tree Planting throughout Park
$13,000
Construction Administration
$613,367
Total Estimated Cost for the RECREATION FEATURES and
MAJOR SUPPORT AMENITIES (A)
$6,190,618
Total Estimated PRE -CONSTRUCTION COST(B)
$1,547,655
TOTAL PROJECT COST (A+B)
$7,738,273
186 of 236
(Continued from page 1)
Requested GRANT Amount
$7,738,273
Estimated amount of the GRANT to be charged to PRE -
CONSTRUCTION COSTS(cannot exceed 25% of the GRANT)
$
The APPLICANT understands that this form will be used to establish the expected GRANT
deliverables; all of the RECREATION FEATURES and MAJOR SUPPORT AMENITIESIIsted
on this form must be completed and open to the public before the final GRANT payment
will be made. The APPLICANT also understands that no more than 25% of the GRANT
amount may be spent on PRE -CONSTRUCTION costs. See the ELIGIBLE CosTscharts
starting on page Error! Bookmark not defined. before creating a cost estimate.
AUTHORIZED REPRESENTATIVE Signature Date
187 of 236
PROP
6
State of
Parks. WM*
California Department of
Parks and Recreation
Office of Grants and
Local Services
Statewide Park
Development and
Community
Revitalization
Program
July 1, 2020 Round Four
FINAL APPLICATION GUIDE
1
-� f sj
/
�- CAL FORNIA
\\Ti JNLIAL CITTIr
an'Y
OR�ORAT
Kimball Park
and El Toyon
Projects
Prop 68 Grant Application
188 of 236
Proposition 68 - $650,275,000
— CA LI FOR NIA —
NATiONAL
S: J
• Statewide Park Development and Community Revitalization Program (Round
Four) by the California Department of Parks and Recreation.
• $254,972,845 funded in 2019 rounds
• $395,302,155 expected funding for this round
• At (east $134,125,000 expected to fund park expansion and renovations
thCO k1611Ain
• Proposition 68 (2018 Bond Act) §80008(a)(1) requires that at least $130,055,000
of the $650,275,000 is allocated to projects in severely disadvantaged
communities with a median household income below $42,737 (60% of the
statewide average). Kimball Park Project Eligible
189 of 236
Kimball Park Project
Prop 68 Grant Application
ti /
CALIFORNIA
NATIONAL Cir 1'
CORPORA-rgo
•
190 of 236
Kimball Park Project Outreach
Hosted 3 Workshops in 2019
• City's annual Community Service Day event
• Kimball Neighborhood Council meeting
• Youth design workshop
Hosted 3 workshops in 2021
• MLK Community Center vaccination clinic
• Nutrition Center senior meal program
• Kimball Park
101 Participants
• 16 youth
• 20 teens
• 22 adults
• 43 seniors
CALIFORNIA
ATIONAL C1j
191 of 236
Kimball Park Project Outreach
Resident Selected Recreation Features:
• Recreation center
• Resurface basketball court
• Add another basketball court
• Community education garden
• Renovate baseball dugouts
• Dog park
• Additional lighting for security
• Public art (murals & sculptures)
- CA LI FOR NIA -
192 of 236
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NATiONAL
Funding Priorities Identified by the Public
• Recreation center with services and programs for all ages.
• Additional security lighting for safety and evening park usage.
• Resurface basketball court and add another basketball court to
accommodate high usage.
• Community education garden.
• Renovate baseball dugouts.
• Add a dog park so dogs and their owners can enjoy the park safely.
lh C'Okl•6IIASA9
193 of 236
-
MAR-13d LUTHER KING
r_CWMUNITY CENTUH
—Aft
BST I2TH STREET
I >'
ARTSCEN1EI
Q NEW BASKETBALL COURT (FENCING & AGE -FRIENDLY HOOP -Si
e COMMUNITY EDUCATION GARDEN WITH SIGNAGE &.ART
Q SOLAR LIGF TING (TYPICALSYMBOL)
• RAINWATER/GREYWATER. HARVESTING FROM BUILDINGS
WITH SIGNAGE & ART
el EXISTING DUGOUTS [UPGRADED ROOF AND SKIRTING}
O PARADISE TRAIL PARKWAY CONNECTION
O TREE PLANTING THROUGHOUT PARK
0 CO fTEDTURF TO DROUGHT TOLERANT LAN DSCAPI MG
ti — T
•' , 0 GATEWAY PLAZA
0 EXISTINGTOT-LOT WITH EDUCATIONAL IMPROVEMENTS,
SIGNAGE, ART, SURFACING & PLAY EQUIPMENT
0 RESTROOM I STORAGE - 6 PACK
RESTROOM I COMFORT STATION - 2. PACK
0 WAR MEMORIAL
0 DECORATIVE FENCING
0 PARADISE CREEK RESTDRAT ON
0 INFILTRATION BASIN
0 SPECIMEN TREE IN RAISED PLANTER
0 TRELLIS
0 PARKING SFACES
0 TREE LINED CONCRETE PROMENADE
O PICNIC TABLES
SCORE SHACK/ CONCESSION! STAND
0 STAIRS WITH HANDRAILS
eI EXISTING ELECTRICAL ENCLOSURE
"A"AVENUE EDUCATIONAL ART WALL
SKATE PARK
10 BLEACHERS
DECOMPOSED GRANITE PARADISE CREEK TRAIL
e EXISTING PICNICTARLE$
•ROUNDABOUT
EXISTING BASKETBALL COURT (RESURFACED)
0 KIMBALL BOWL / AMPHITHEATER
COMMUNITY HUB [ARTS, EDUCATION & WELLNESS, 2-STORY
LEED-CERTIFIED, ADA, RECREATION CENTER, SIGNAGE & ART)
BRIDGE DECK LINKS TO HUB WITH SIGNAGE & ART
F
O DOG PARK IFENCING & FURNISH NGS) 194 of 236
Q' NEW BASKETBALL COURT (FENCING & AGE-F F itivvLr nvur.,u
10 . 1 Ei
J
0
EAST 16TH STREET
BOYS & GfRL5
CLUB
MS
4 rs
MI-
i
SENIOR
NUTRITION -
Q NEW BASKETBALL COURT (FENCING & AGE -FRIENDLY HOOPSI
c' COMMUNITY EDUCATION GARDEN WITH SIG NAGE &ART
O SOLAR LIGE TING {TYPICAL SYMBOL)
• RAINWATER/GREYWATER HARVESTING FROM BUILDINGS
WITH SIGN"AGE & ART
CD EXISTING DUGOUTS (UPGRADED ROOF AND SKIRTING)
PARADISE TRAIL PARKWAY CONNECTION
ID TREE PLANTING THROUGHOUT PARK
D CONVERTEDTURF TO DROUGHT TOLERANT LANDSCAPING
0 GATEWAY PLAZA
0 EXISTINGTOT-LOT WITH EDUCATIONAL IMPROVEMENTS,
SIGNAGE, ART, SURFACING & PLAY EQUIPMENT
Q RESTROOM I STORAGE - 6 PACK
0 RESTROOM I COMFORT STATION - 2 PACK
0 WAR MEMORIAL
0 DECORATIVE FENCING
0 PARADISE CREEK RESTORATION
0 INFILTRATION BASIN
0 SPECIMEN TREE IN RAISED PLANTER
0 TRELLIS
PARKING SPACES
ID TREE LINED CONCRETE PROMENADE
ED PICNIC TABLES
0 SCORE SHACK/ CONCESSION STAND
STAIRS WITH HANDRAILS
EXISTING ELECTRICAL ENCLOSURE
0 "A"AVENUE EDUCATIONAL ART WALL
el SKATE PARK
0 BLEACHERS
@ DECOMPOSED GRANITE PARADISE CREEK TRAIL
EXISTING PICNICTABLES
ID ROUNDABOUT
EXISTING BASKETBALL COURT (RESURFACED)
0 KIMBALL BOWL / AMPHLWIEATER
• COMMUNITY HUB [ARTS, EDUCATION & WELLNESS, 2-STORY
LE ED-CERTIFI E D, ADA, RECREATION CENTER, SIGNAGE & ART)
BRIDGE DECK LINKS TO HUB WITH SIG NAG E & ART
DOG PARK IFENCING & FURNISH NGS} 195 of 236
Q' NEW BASKETBALL COURT (FENCING & AGE-F u I Lr nuur ,u
Kimball Park Project - $7,738,273*
— CA LI FOR NIA —
NATiONAL
Ih CO K1,111.1.in
Renovate an existing Tot Lot (educational improvements, art, signage, surfacing and
equipment)
$80,000
Renovate an existing Basketball Court (resurface)
$6,500
Construct a new Community Hub (Arts, Education & Wellness, 2-story, LEED-Certified,
Accessible, Recreation Center, Signage and Art)
$3,250,000
Construct new bridge deck links to Community Hub with Signage and Art
$877,500
Construct a new Dog Park (fencing and furnishings)
$101,250
Construct a new Basketball Court (concrete with fencing and age -friendly hoop heights)
$45,000
Construct a new Community Education Garden (paths, planting, fencing, signage and art)
$156,876
Construct new Solar Lighting
$189,125
Construct new Rainwater Greywater Harvesting from existing/new buildings with signage and
art
$48,000
Renovate existing (6) Baseball Dugouts (upgrade with roof and skirting)
$810,000
Tree Planting throughout Park
$13,000
* Total includes Pre -construction Activities and Construction Administration
196 of 236
El Toyon Park Project
Prop 68 Grant Application
ti /
CALIFORNIA
NATIONAL Ctly
COR„Rxv"
197 of 236
El Toyon Park Community Outreach
Hosted 6 Workshops in 2019
• City's annual Community Service Day event
• El Toyon Neighborhood Council meeting
• Parks, Recreation, and Senior Citizen Advisory Board
meeting
• El Toyon Recreation Center (1 evening & 2 Saturday
workshops)
61 Participants
• 7 youth
• 13 teens
• 28 adults
• 13 seniors
— CA LIFQFINIA —.
NATiONAL
S: J
Ih CO K1,111.1.in
Cti-
(it1,P' i !
198 of 236
El Toyon Park Community Outreach
Resident Selected Recreation Features:
• Community garden
• Playground (ages 5-12)
• Tot lot playground (ages 2-5)
• Resurface basketball courts
• Add 4 pickle ball courts
• Renovate multipurpose field and lighting
• Add trees and benches to the dog park
— CA LI FOR NIA —
NATiONAL
S: J
Ih CO K1,111.1.in
199 of 236
El Toyon Park Community Outreach
Resident Selected Safety & Beautification Features:
• Security lighting
• Fence and gate multipurpose field parking lot
• Security cameras
• Improved entrance signage
• Informational kiosks
• Gazebos with barbeques
• More picnic areas
• Public art (murals & sculptures)
— CA LI FOR NIA —
NATiONAL
S: J
Ih CO K1,111.1.in
200 of 236
Funding Priorities Identified by the Public
• Community garden with fruit trees, raised
planter beds for vegetables, and space for
outdoor gardening classes.
• Playground with rubber surface, shade,
swings, giant slide and rock climbing wall
(ages 5-12).
• Tot lot playground with rubber surface, slide,
climber and activity panels (ages 2-5).
• Resurface basketball courts so community
has a safe space to play.
• Add 4 pickle ball courts with fencing.
• Renovate multipurpose field and lighting,
create a turf warm-up area, replace
bleachers and scoreboard, and update the
snack shack.
• Add trees and benches to the dog park.
- CA LI FOR NIA -.
NATiONAL
lh C'Okl•6IIASA9
• Improve lighting to deter illegal activity and
make the park safer in the evening.
• Fence and gate multipurpose field parking lot.
• Security cameras throughout the park to deter
illegal activity.
• Improved entrance signage.
• Kiosks to post news, volunteer opportunities,
programs, and events.
• Gazebos with barbeques and picnic areas for
family gatherings and celebrations.
• Public art near park entrances to create a fun
and vibrant space and make the park more
interesting and inviting for the community.
201 of 236
Q EXISTING TO REMAIN
0 EXISTING WITH IMPROVEMENTS
KEY 0 NEW
0 CLASS I BIKEWAY (10 WIDE PERVIOUS CONCRETE WITH STAIN)
0
0
0
GATEWAY (STEEL FRAME WITH DIRECTIONAL SIG NAGE)
WATER QUALITY BASIN (NEW DROUGHT -TOLERANT BIOFILTRATION PLANTING)
ARTIFICIAL TURF SPORTS FIELD (NEW SURFACING & ENERGY -EFFICIENT LIGHTING)
SPORTS WARM UP AREA (IMPROVED TURF AREA AND FURNISHINGS)
SCOREBOARD
STORAGE BUILDINGS(REPAIRAND PAINT)
RESTROOM BUILDING (NEW ACCESSIBLE WELCOME PLAZA PAVING)
PARKING LOT(FENCE/GATE, PAVING OVERLAY, AND DROUGHT -TOLERANT PLANTING)
FIRE STATION 33
COMMUNITY CENTER
OUTDOOR STORAGE AREA
COMMUNITY GARDEN
Connection to Beta Street
Class I Bikeway Extension
Connection to East
-:Class II Bikeway
PARKING LOT (GATE CURVE TO CREATE COMMUNITY EVENT AREA)
PICNIC LAWNS (INSTALL TABLES AND BENCHES)
PLAYGROUND (INSTALL NEW AGES 5-12 EQU I PME NT & SURFACING)
RESTROOMS (INSTALL FURNISHINGS & MURAL)
PARK FRONTAGE (INSTALL TRASH/RECYCLE, BENCHES, BIKE RACKS IN PARK)
TENNIS COURTS(RESURFACE)
PICKLEBALL COURTS (4 CONCRETE COURTS & FENCING)
FRUIT TREES
PERIMETER TREE PLANTING (BY VOLUNTEERS, CITY -FUNDED )
BLEACHERS (ALUMINUM) r��`
CLASS I PATH CONNECTOR (WIDEN EXISTING 6' CONCRETE PATH TO 70' AND *1
CONSTRUCT NEW to' CONCRETE PATH TO CORNER) �'
SECURITY LIGHTING (SOLAR THROUGHOUT PARK -TYPICAL SYMBOL)
►fir)
.3:
SHADE STRUCTURES / PICNIC SHELTERS (3 ONCONCRETE WITH BBC
SECURITY CAM ERAS (5 ON SELECT LIGHT POLES)
PARK SIGNAGE (ENTRY MONUMENTS & INFORMATIONAL SIGNS)
DOG PARK (NEW IRRIGATION, DROUGHT -TOLERANT TREES &
FURNISHINGS)
BASKETBALL COURTS (RESURFACE)
TOT LOT WITH AGES 2-5 EQUIPMENT &SURFACING
WATER -CONSERVING IRRIGATION UPGRADES THROUGHOUT PARK
DROUGHT -TOLERANT TREE AND SHRUB PLANTINGS
HORSESHOE PIT
INFORMATION KIOSKS
PUBLIC ART
ADULT FITNESS AREA (IMPROVED TURF AREA AND FURNISHINGS)
PEDESTRIAN WALK AND RETAINING WALL (CONCRETE)
COMMUNITY HUB (FARMER'S MARKET AND EVE \ 3 S)
Connection to Euclid Avenue
Class II Bikeway
El Toyon Park
202 of 236
El Toyon Park Project - $5,632,571*
Construct a new Class II bikeway (10' wide pervious concrete with stain)
$434,259
Construct a new Gateway (steel frame with directional signage)
$7,500
Construct a new Water Quality Basin (engineered with drought -tolerant
biofiltration planting)
$187,500
Renovate an existing Artificial turf sports field (replacement surfacing &
energy -efficient lighting)
$1,012,500
Construct a new Sports warm up area (improved turf area and
furnishings)
$6,567
Construct a new Scoreboard (LED scoreboard)
$180,000
Renovate an existing Storage building (repair and paint)
$14,586
Renovate an existing Restroom building (new accessible welcome plaza
paving)
$40,744
Renovate an existing Parking lot (fence/gate, curb, paving overlay, and
drought -tolerant planting)
$36,312
Construct a new Community garden (pervious pathways and decorative
fencing)
$37,850
Renovate an existing Parking lot (gate curve between rows of stalls to
create a community event area)
$24,000
Renovate an existing Picnic lawn (install tables and benches)
$12,500
Renovate an existing Playground (replace old equipment and sand with
new ages 5-12 equipment & surfacing)
$150,000
Renovate existing Restrooms (install furnishings & mural)
$25,000
Renovate existing Park frontage (install trash/recycle, benches, bike racks
in park)
$25,000
Renovate existing Tennis courts (resurface)
$16,000
Construct new Pickleball courts (4 concrete courts & fencing)
$180,000
Renovate existing Bleachers ( replace old steel and wood bleachers
with two aluminum bleachers)
$100,000
Renovate an existing Class I path connector (widen existing 6' path to
10' and construct new 10' concrete path to corner)
$16,065
Construct new Security lighting (solar throughout park -typical
symbol)
$222,500
Construct new Shade structures / picnic shelters (3 on concrete pad
with barbecues)
$450,000
Construct new Security cameras (5 on select light poles)
$175,000
Construct new Park signage (2 entry monuments & informational
signs)
$28,000
Renovate an existing Dog park (new irrigation, drought -tolerant trees
&Furnishings)
$108,820
Renovate existing Basketball courts (resurface)
$8,000
Renovate an existing Tot Lot (replace old equipment with ages 2-5
equipment & surfacing)
$200,000
Renovate existing irrigation system with Water -conserving irrigation
upgrades throughout park
$100,000
Construct new Drought -tolerant tree and shrub plantings
$44,200
Construct new Information kiosks (2)
$15,600
Construct new Public art
$50,000
Renovate an existing Adult fitness area (improved turf area and
furnishings)
$8,000
Construct a new Pedestrian walk and retaining wall (concrete)
$40,944
Construct a new Community Hub (Farmer's Market and Event Area)
$100,000
203 of 236
Tota i n c
uses Pre -construction Activities and Construction Administration
— CA LI FOR NIA —
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S: J
Timeline Round 4
• March 12, 2021 Applications Due
• Late Summer 2021 - Grant awards for $395,302,155
• March 2025 — Deadline to complete project
• June 30,2025 —End of Grant Performance Period
Ih CO K1,111.1.in
204 of 236
Stara of California
park;, staler. Bond 2018
California Department of
Parks and Recreation
Office of Grants and
Local Services
Statewide Park
Development and
Community
Revitalization
Program
July 1, 2020 Round Four
FINAL APPLICATION GUIDE
- CALIFORNIA --
lipiIclONALCjTy
Questions?
205 of 236
RESOLUTION NO. 2021 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, APPROVING THE APPLICATION OF STATEWIDE PARK
DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been delegated
the responsibility by the Legislature of the State of California for the administration of the
Statewide Park Development and Community Revitalization Grant Program, setting up
necessary procedures governing the application; and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the Applicant to certify by resolution the approval of the application
before submission of said application to the State; and
WHEREAS, successful Applicants will enter into a contract with the State of
California to complete the Grant Scope project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Approves the filing of an application for the Kimball Park Project; and
Section 2: Certifies that said City of National City has or will have available, prior
to commencement of any work on the project included in this application, the sufficient funds
to complete the project; and
Section 3: Certifies that if the project is awarded, the City of National City has
or will have sufficient funds to operate and maintain the project, and
Section 4: Certifies that the City of National City has reviewed, understands,
and agrees to the General Provisions contained in the contract shown in the Grant
Administration Guide; and
Section 5: Delegates the authority to the City Manager to conduct all
negotiations, sign andsubmit all documents, including, but not limited to applications,
agreements, amendments, and payment requests, which may be necessary for the
completion of the Grant Scope; and
Section 6: Agrees to comply with all applicable federal, state and local laws,
ordinances, rules,regulations and guidelines; and
Section 7: Will consider promoting inclusion per Public Resources Code
§80001(b)(8 A-G); and
206 of 236
Resolution No. 2021 —
Page Two
Section 8: 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 2nd day of March 2021.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Luz Molina, City Clerk
APPROVED AS TO FORM:
Charles E. Bell Jr., City Attorney
207 of 236
The following page(s) contain the backup material for Agenda Item: Resolution of the City
Council of the City of National City: 1) authorizing the filing of a Proposition 68 Statewide
Park Development and Community Revitalization Program (SPP) application for the El
Toyon Park Project in the amount of $5,632,571; 2) authorizing the City Manager or
designee to execute the grant agreement if selected for funding; and 3) if selected for
funding, approving the establishment of an Engineering Grants Fund Appropriation of
$5,632,571 and corresponding revenue budget to allow for reimbursement of eligible project
expenditures through the SPP for the El Toyon Park Project. (Engineering/Public Works)
Please scroll down to view the backup material.
208 of 236
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE:
March 2, 2021
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City, 1) authorizing the filing of a Proposition 68 Statewide Park
Development and Community Revitalization Program (SPP) application for the El Toyon Park Project in the amount of
$5,632,571; 2) authorizing the City Manager or designee to execute the grant agreement if selected for funding; and 3) if
selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $5,632,571 and
corresponding revenue budget to allow for reimbursement of eligible project expenditures through the SPP for the El Toyon
Park Project.
PREPARED BY:Roberto Yano, City Engineer/Director of Public Works DEPARTMENT: Enginee
PHONE: 619-336-4383
EXPLANATION:
See attached.
APPROVED BY:
lic Works
FINANCIAL STATEMENT:
ACCOUNT NO.
Rev. 296 *
Exp. 296409-500-598*
ENVIRONMENTAL REVIEW:
APPROVED:
APPROVED:
CEQA Notice of Exemption has been recorded with the County Clerk.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution to authorize the filing of the grant application.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation w/ exhibits
2. Resolution
209 of 236
Explanation
Staff is requesting authorization to file a Proposition 68 Statewide Park
Development and Community Revitalization Program (SPP) application for the El
Toyon Park Project. The grant request is for $5,632,571.
The SPP competitive grants will create new parks and new recreation
opportunities in critically underserved communities across California. Eligible
projects must involve either development or a combination of acquisition and
development to 1) create a new park, or 2) expand an existing park, or 3)
renovate and existing park.
The proposed project will renovate El Toyon Park through the construction and/or
renovation of: new shared use paths, shade structures, sports lighting,
resurfacing the artificial turf sports field, dog park, new scoreboard, community
garden, children play structure, community event area, pickleball courts,
basketball courts, tennis courts, and park lighting. The project will also implement
Low -Impact Development (LID) to improve water quality from urban runoff by
installing a water quality basin with biofiltration (See master plan and cost
estimate attached).
In 2019, staff held six workshops with the community to design the El Toyon Park
Master Plan. Three workshops were held during the City's annual Community
Service Day event, the El Toyon Neighborhood Council meeting, and the Parks,
Recreation, and Senior Citizen Advisory Board meeting. In addition, staff hosted
three workshops at the El Toyon Recreation Center. A variety of methods were
used to invite residents to participate in the workshops, including social media,
email blasts, flyers, mailers, and incentives, such as food, refreshments, and kids
activities. At the 2019 workshops, 61 people participated with 7 youth, 13 teens,
28 adults and 13 seniors. Participants identified the following recreation, safety
and beautification features as priorities for El Toyon Park:
• Community garden with fruit trees, raised planter beds for vegetables, and
space for outdoor gardening classes.
• Playground with rubber surface, shade, swings, giant slide and rock
climbing wall (ages 5-12).
• Tot lot playground with rubber surface, slide, climber and activity panels
(ages 2-5).
• Resurface basketball courts so community has a safe space to play.
• Add 4 pickle ball courts with fencing.
• Renovate multipurpose field and lighting, create a turf warm-up area,
replace bleachers and scoreboard, and update the snack shack.
• Add trees and benches to the dog park.
• Improve lighting to deter illegal activity and make the park safer in the
evening.
• Fence and gate multipurpose field parking lot.
• Security cameras throughout the park to deter illegal activity.
210 of 236
• Improved entrance signage.
• Kiosks to post news, volunteer opportunities, programs, and events.
• Gazebos with barbeques and picnic areas for family gatherings and
celebrations.
• Public art near park entrances to create a fun and vibrant space and make
the park more interesting and inviting for the community.
Council Resolution authorizing filing of the grant application is required.
Additionally, City Council delegates the authority to the City Manager or designee
to conduct all negotiations, sign and submit all documents, including, but not
limited to applications, agreements, amendments, and payment requests, which
may be necessary for the completion of the Grant Scope. If selected for funding,
City Council approves the establishment of an Engineering Grants Fund
Appropriation of $5,632,571 and corresponding revenue budget to allow for
reimbursement of eligible project expenditures through the SPP for the El Toyon
Park Project.
If grant funding is awarded, staff will return to Council with a recommendation to
accept the grant. There is no local match required.
211 of 236
KEY
O
0
•
0
8
•
EXISTING TO REMAIN
EXISTING WITH IMPROVEMENTS
NEW
CLASS I BIKEWAY (io' WIDE PERVIOUS CONCRETE WITH STAIN)
GATEWAY (STEEL FRAME WITH DIRECTIONAL SIGNAGE)
WATER QUALITY BASIN (NEW DROUGHT -TOLERANT BIOFILTRATION PLANTING)
ARTIFICIAL TURF SPORTS FIELD (NEW SURFACING & ENERGY -EFFICIENT LIGHTING)
SPORTS WARM UP AREA (IMPROVED TURF AREA AND FURNISHINGS)
SCOREBOARD
STORAGE BUILDINGS (REPAIR AND PAINT)
RESTROOM BUILDING (NEW ACCESSIBLE WELCOME PLAZA PAVING)
PARKING LOT (FENCE/GATE, PAVING OVERLAY, AND DROUGHT -TOLERANT PLANTING)
FIRE STATION 33
COMMUNITY CENTER
OUTDOOR STORAGE AREA
COMMUNITY GARDEN
El Toyon Park
m
)44
PARKING LOT (GATE CURVE TO CREATE COMMUNITY EVENT AREA)
PICNIC LAWNS (INSTALL TABLES AND BENCHES)
PLAYGROUND (INSTALL NEW AGES 5-12 EQUIPMENT & SURFACING)
RESTROOMS (INSTALL FURNISHINGS & MURAL)
PARK FRONTAGE (INSTALL TRASH/RECYCLE, BENCHES, BIKE RACKS IN PARK)
TENNIS COURTS (RESURFACE)
PICKLEBALL COURTS (4 CONCRETE COURTS & FENCING)
FRUIT TREES
PERIMETER TREE PLANTING (BY VOLUNTEERS, CITY -FUNDED)
BLEACHERS (ALUMINUM)
CLASS 1 PATH CONNECTOR (WIDEN EXISTING 6' CONCRETE PATH TO 10' AND
CONSTRUCT NEW io' CONCRETE PATH TO CORNER)
SECURITY LIGHTING (SOLAR THROUGHOUT PARK -TYPICAL SYMBOL)
MASTER PLAN
National City, CA 1 23 February 2021
SHADE STRUCTURES / PICNIC SHELTERS (3 ONCONCRETE WITH BBQS)
SECURITY CAMERAS (5 ON SELECT LIGHT POLES)
PARK SIGNAGE (ENTRY MONUMENTS & INFORMATIONAL SIGNS)
DOG PARK (NEW IRRIGATION, DROUGHT -TOLERANT TREES &
FURNISHINGS)
BASKETBALL COURTS (RESURFACE)
TOT LOT WITH AGES 2-5 EQUIPMENT&SURFACING
WATER -CONSERVING IRRIGATION UPGRADES THROUGHOUT PARK
DROUGHT-TOLERANTTREEAND SHRUB PLANTINGS
HORSESHOE PIT
INFORMATION KIOSKS
PUBLIC ART
ADULT FITNESS AREA (IMPROVED TURF AREA AND FURNISHINGS)
PEDESTRIAN WALK AND RETAINING WALL (CONCRETE)
COMMUNITY HUB (FARMER'S MARKET AND EVENTS)
SCALE: 1'-50'
N
LA
CALIFORNIA'_
NU0NAL Crry
LNCORPORATED
212 of 236
MASTER PLAN COST ANALYSIS
El Toyon Park, National City - Conceptual Cost Analysis
Date: February 23, 2021
NLA
Plan#
3
4
5
6
7
8
13
14
15
16
17
18
19
20
23
24
25
26
27
28
29
30
31
32
33
35
36
37
ITEM
QUANTITY
UNIT
UNIT COST
TOTAL COST
PARK FEATURES
Class II bikeway (10' wide pervious concrete with stain)
38,430
SF
$11.30
$434,259
Gateway (steel frame with directional signage)
1
EA
$7,500.00
$7,500
Water quality basin (with drought -tolerant biofiltration planting)
7,500
SF
$25.00
$187,500.00
Artificial turf sports field (new surfacing & energy -efficient lighting;
67,500
SF
$15.00
$1,012,500.00
Sports warm up area (improved turf area and furnishings)
6,567
EA
$1.00
$6,567.00
Scoreboard (replace existing with led scoreboard)
1
EA
$180,000.00
$180,000.00
Storage buildings (repair and paint)
663
SF
$22.00
$14,586.00
Restroom building (new accessible welcome plaza paving)
5,093
SF
$8.00
$40,744.00
Parking lot (fence/gate, paving overlay, and drought -tolerant
planting)
24,208
SF
$1.50
$36,312.00
Community garden (pervious pathways and decorative fencing)
37,850
SF
$1.00
$37,850.00
Parking (gate curve to create community event area)
2
EA
$12,000.00
$24,000.00
Picnic lawns (install tables and benches
1
LS
$12,500.00
$12,500.00
Playground (install new ages 5-12 equipment & surfacing)
1
LS
$150,000.00
$150,000.00
Restrooms (install furnishings and mural)
1
LS
$25,000.00
$25,000.00
Park frontage (install trash/recycle, benches, bike racks in park)
1
LS
$25,000.00
$25,000.00
Tennis Courts (resurface)
4
EA
$4,000.00
$16,000.00
Pickleball courts (4 concrete courts & fencing)
4
EA
$45,000.00
$180,000.00
Bleachers (two aluminum)
2
EA
$50,000.00
$100,000.00
Class I path connector (widen existing park path to 10' to corner)
1,890
SF
$8.50
$16,065.00
Security lighting (solar throughout park -typical symbol)
25
EA
$8,900.00
$222,500.00
Shade structures / picnic shelters (3 on concrete pad with
barbecues)
3
EA
$150,000.00
$450,000.00
Security cameras (5 on select Tight poles)
5
EA
$35,000.00
$175,000.00
Park signage (2 entry monuments & informational signs)
1
LS
$28,000.00
$28,000.00
Dog park (new irrigation, drought -tolerant trees &
Furnishings)
10,882
SF
$10.00
$108,820.00
Basketball Courts (resurface)
2
EA
$4,000.00
$8,000.00
Tot lot with ages 2-5 equipment & surfacing
1
LS
$200,000.00
$200,000.00
Water -conserving Irrigation Upgrades throughout park
1
LS
$100,000.00
$100,000.00
Drought -tolerant tree and shrub plantings
68
EA
$650.00
$44,200.00
Information kiosks
2
EA
$7,800.00
$15,600.00
Public Art
1
LS
$50,000.00
$50,000.00
Adult Fitness (improved turf and furnishings)
1
LS
$8,000.00
$8,000.00
Prepared by
Neri Landscape Architecture
Page 1 of 2
213 of 236
MASTER PLAN COST ANALYSIS
El Toyon Park, National City - Conceptual Cost Analysis
Date: February 23, 2021
NLA
Plan#
38
39
ITEM
QUANTITY
UNIT
UNIT COST
TOTAL COST
Pedestrian walk and retaining wall (concrete)
3,412
SF
$12.00
$40,944.00
Community Hub (Farmers Market & Event area)
1
LS
$100,000.00
$100,000.00
Construction Administration
1
10%
$448,610.00
$4,506,057.00
Engineering & Design
1
25%
$1,126,514.00
Grand Total
$5,632,571.00
Prepared by
Neri Landscape Architecture
Page 2 of 2
214 of 236
RESOLUTION NO. 2021 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, APPROVING THE APPLICATION FOR STATEWIDE PARK
DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been delegated
the responsibility by the Legislature of the State of California for the administration of the
Statewide Park Development and Community Revitalization Grant Program, setting up
necessary procedures governing the application; and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the Applicant to certify by resolution the approval of the application
before submission of said application to the State; and
WHEREAS, successful Applicants will enter into a contract with the State of
California to complete the Grant Scope project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Approves the filing of an application for the El Toyon Project; and
Section 2: Certifies that said City of National City has or will have available, prior
to commencement of any work on the project included in this application, the sufficient funds
to complete the project; and
Section 3: Certifies that if the project is awarded, the City of National City has
or will have sufficient funds to operate and maintain the project, and
Section 4: Certifies that the City of National City has reviewed, understands,
and agrees to the General Provisions contained in the contract shown in the Grant
Administration Guide; and
Section 5: Delegates the authority to the City Manager to conduct all
negotiations, sign andsubmit all documents, including, but not limited to applications,
agreements, amendments, and payment requests, which may be necessary for the
completion of the Grant Scope; and
Section 6: Agrees to comply with all applicable federal, state and local laws,
ordinances, rules,regulations and guidelines; and
Section 7: Will consider promoting inclusion per Public Resources Code
§80001(b)(8 A-G); and
215 of 236
Resolution No. 2021 —
Page Two
Section 8: 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 2nd day of March 2021.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Luz Molina, City Clerk
APPROVED AS TO FORM:
Charles E. Bell Jr., City Attorney
216 of 236
The following page(s) contain the backup material for Agenda Item: Time Extension Request
— Tentative Subdivision Map for a 29-unit multi -unit residential project located at East 16th
Street and "M" Avenue. (Applicant: Renova Properties, LLC) (Case File 2021-01 TE)
(Planning)
Please scroll down to view the backup material.
217 of 236
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 2, 2021
AGENDA ITEM NO.
ITEM TITLE:
Time Extension Request — Tentative Subdivision Map for a 29-unit multi -unit residential project located at
East 16th Street and "M" Avenue. (Applicant: Renova Properties, LLC) (Case File 2021-01 TE)
PREPARED BY: 'Martin Reeder, AIC11 ,(/1c DEPARTMENT: Co unr Development
PHONE: !61 9-336-431 3 APPROVED BY:
EXPLANATION:
The project site is an undeveloped property at the northwest intersection of East 16th Street and "M"
Avenue. The property was approved for a 29-unit condominium development in February of 2019. The
original project included the closure of "M" Avenue in this location, as well as a General Plan Amendment
and Zone Change to change the zoning from Small Lot Residential (RS-2) to Medium Density Multi -Unit
Residential (RM-1).
All Tentative Subdivision Maps are approved with an expiration date of two years from approval unless a
time extension has been granted. No Final Map has been recorded for the approved project; therefore the
Tentative Subdivision Map would have expired on February 5, 2021. The applicant has filed a timely
request, as required by NCMC §17.04.070. The Subdivision Ordinance allows up to three time extensions
for a total of 36 months. The owner is requesting a three year extension of the Tentative Subdivision Map.
The applicant has stated that additional time is needed to complete final engineering, develop a
transplanting schedule for the habitat being displaced, and address financing changes due to COVID-19.
FINANCIAL STATEMENT:
ACCOUNT NO.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
That Tentative Subdivision Map 2017-04 S be extended for three years to February 5, 2024
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. City Council Resolution 2019-15
2. Overhead
3. Site Plan'
218of2361
REVISED
RESOLUTION NO. 2019 — 15
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A GENERAL PLAN AMENDMENT AND TENTATIVE
SUBDIVISION MAP FOR THE REZONING OF PROPERTY
LOCATED AT EAST 16TH STREET AND "M" AVENUE FROM
SMALL LOT RESIDENTIAL (RS-2) TO MEDIUM -DENSITY
MULTI -UNIT RESIDENTIAL (RM-1) IN ORDER TO
CONSTRUCT A 29-UNIT RESIDENTIAL DEVELOPMENT
WHEREAS, the City Council of the City of National City considered said
certification at a duly advertised public hearing held on February 5, 2019, at which time the City
Council considered evidence; and
WHEREAS, at said public hearing the City Council considered the staff report
provided for Case File No. 2017-04 GPA S, which is maintained by the City and incorporated
herein by reference, along with any other evidence presented at said hearing; and
WHEREAS, this action is taken pursuant to all applicable procedures required by
State law and City law; and
WHEREAS, the action hereby taken is found to be essential for the preservation
of the public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the evidence presented to the City Council at the public hearing held on
February 5, 2019, support the following findings:
FINDING FOR APPROVAL
OF THE GENERAL PLAN AMENDMENT
1 The proposed development is consistent with General Plan Land Use Policies LU-2.3, LU
4.3, and LU-7.1 because the area is vacant and prime for development. Having a
comprehensive residential project in this area will contribute to the City's housing needs.
The area is not homogenous in nature with regard to residential housing types — there
are single-family residences on larger lots located to the west, with a mix of medium to
higher -density properties to the south across East 16th Street. These lots are developed
with everything from duplexes, to triplexes, to apartments.
FINDINGS FOR APPROVAL
OF THE TENTATIVE SUBDIVISION MAP
1. The proposed map is consistent with the National City General Plan and applicable specific
plans, because the project is in compliance with all required density and zoning
requirements, provides additional home ownership opportunities consistent with the
General Plan and Housing Element, and meets all requirements of the Subdivision
Ordinance (NCMC Title 17), including minimum lot size and dimension. There are no
specific plans in the area.
2. The site is physically suitable for the proposed type of development, because the 1.7-acre
property can accommodate the requested number of units within the limits for density and
lot coverage established by the General Plan and Land Use Code.
ATTACHMENT 1
219 of 236
Resolution No. 2019 —15
February 5, 2019
Page Two
3. The site is physically suitable for the proposed density of development, because the
proposed multi -family residential development, at a density of 17 units per acre, is less than
the 23 units per acre allowed in the Medium -Density Multi -Unit Residential (RM-1) zone,
and the proposed inflll development increases the available housing units in the City.
4. The design of the subdivision or the proposed improvements is not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife, or
their habitat, because the property is surrounded by urban development and there are no
bodies of water present on -site. While there is plant habitat on site in the form of native and
non-native grassland, San Diego Ambrosia, and onsite drainage, the Mitigated Negative
Declaration for this project provides for mitigation that will reduce potential impacts to a
level of less than significance.
5. The design of the subdivision and the proposed/required improvements are not likely to
cause serious public health problems, because the property is currently vacant and
surrounded by existing urban development. In addition, the land use and zoning
designations as proposed allow for the density requested, which has been analyzed as part
of the Mitigated Negative Declaration associated with this project.
6. The design of the subdivision and the proposed/required improvements will not conflict with
easements, acquired by the public at large, for access through or use of the property within
the proposed subdivision, because no such easements exist or would be affected by the
proposed development.
7. The discharge of sewerage waste from the subdivision into the City of National City sewer
system will not result in violation of existing requirements prescribed by the California
Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of
the Water Code, as specified by Government Code Section 66474.6, because the project is
required to install sewerage systems that meet current requirements for sewage disposal
by the Conditions of Approval of this permit.
8. The subdivision has been considered by the Planning Commission with regard to its effect
on the housing needs of the region, and these needs are balanced by the public service
needs of the residents and available fiscal and environmental resources, the project will
provide twenty-nine new homeownership opportunities, which is consistent with and
encouraged by the City's Housing Element.
9. The design of the subdivision provides, to the extent feasible, for future passive and natural
heating and cooling opportunities in the subdivision, based on consideration of local
climate, topography, property configuration and other design and improvement
requirements without requiring reduction in allowable density or lot coverage, because the
landscape plan submitted as part of the proposal provides in excess of the required
common open space area for such developments. All new construction proposed will be in
compliance with the California Building Code, which takes such factors in to consideration.
2
220 of 236
Resolution No. 2019 -- 15
February 5, 2019
Page Three
BE IT FURTHER RESOLVED that the application for Tentative Subdivision Map is
approved subject to the following conditions:
General
1. This Tentative Subdivision Map authorizes a 29-unit residential condominium project
located northwest of the intersection of East 1611i Street and the former "M" Avenue right-of-
way. Except as required by conditions of approval, all plans submitted for permits
associated with the project shall conform to Exhibits "A" and "B", Case File No. 2017-04
GPA, ZC, S, IS, dated 6118/2018).
2. The General Plan Amendment, Zone Change, and Tentative Subdivision Map shall not
become effective until the Mitigated Negative Declaration associated with the project has
been certified and the Notice of Determination filed.
3. This Tentative Subdivision Map shall not become effective until the General Plan
Amendment and Zone Change have been approved.
4. Before the General Plan Amendment, Zone Change, and Tentative Subdivision Map shall
become effective, the applicant, and/or the property owner both shall sign and have
notarized an Acceptance Form, provided by the Planning Department, acknowledging and
accepting all conditions imposed upon the approval of this permit. Failure to return the
signed and notarized Acceptance Form within 30 days of its receipt shall
automatically terminate the General Plan Amendment, Zone Change, and Tentative
Subdivision Map. The applicant shall also submit evidence to the satisfaction of the
Planning Department that a Notice of Restriction on Real Property is recorded with the
County Recorder. The applicant shall pay necessary recording fees to the County. The
Notice of Restriction shall provide information that conditions imposed by approval of the
General Plan Amendment, Zone Change, and Tentative Subdivision Map are binding on all
present or future interest holders or estate holders of the property. The Notice of Restriction
shall be approved as to form by the City Attorney and signed by the City Manager or assign
prior to recordation.
5. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California
Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary
environmental filing fees for the San Diego County Clerk. Checks shall be made payable
to the County Clerk. The current fee to record the Notice of Determination for a Mitigated
Negative Declaration is $2,280.25, but may be subject to change.
6. Approval of the Tentative Subdivision Map expires two (2) years after adoption of the
resolution of approval at 6:00 p.m. unless prior to that date a request for a time
extension not exceeding three (3) years has been filed as provided by National City
Municipal Code §17.04.070.
Building
7. Plans submitted for improvements must comply with the current editions of the California
Building, Electrical, Plumbing, Mechanical, and Fire Codes,
3
221 of 236
Resolution No. 2019 -- 15
February 5, 2019
Page Four
Engineering
8. A Hydrology study (100 year flood) is required for the new project. The study should
consider the proposed project area to the closest municipal storm drain collection point.
The study should consider the adequacy of the existing storm drain system to convey
any additional run off. All Hydrology study findings and recommendations are part of
Engineering Department requirements.
9. The Priority Project Applicability checklist for the National Pollutant Discharge
Elimination System (NPDES) is required to be completed and submitted to the
Engineering Department. The checklist will be required when a project site is submitted
for review of the City Departments. The checklist is available at the Engineering
Department. If it is determined that the project is subject to the "Priority Project
Permanent Storm Water BMP Requirements" and the City of National City Storm Water
Best Management Practices of the Jurisdictional Urban Runoff Management Program
(JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP)
documentation will be required prior to issuance of an applicable engineering permit.
The SUSMP shall be prepared by a Registered Civil Engineer.
10. The Best Management Practices (BMPs) for the maintenance of the proposed
construction shall be undertaken in accordance with the National Pollutant Discharge
Elimination System (NPDES) regulations which may require a Storm Water Pollution
Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to
issuing of a construction permit.
11. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation
Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No
runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected
from surface run-off resulting from this development.
12. The property owner, or its successors and assigns shall be responsible for the
maintenance, repair, or reconstruction of all irrigation and landscaping improvements
installed within the public right-of-way. Sprinkler heads shall be adjusted so as to
prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads
shall be installed behind the sidewalk, and the irrigation mainline upon private property
only, as required by the City. The property owner or, its successors or assigns, shall be
remove and relocate all irrigation items from the public right-of-way at no cost to the City,
and within a reasonable time frame upon a written notification by the City Engineer.
13. Metallic identification tape shall be placed between the bottom layer of the finished
surface and the top of all irrigation lines in the public right-of-way.
14. A grading and drainage plan shall be submitted showing all of the proposed and existing
on -site and off -site improvements. The plan shall be prepared in accordance with the
City's standard requirements by a Registered Civil Engineer. All necessary measures for
prevention of storm water pollution and hazardous material run-off to the public storm
4
222 of 236
Resolution No. 2019 —15
February 5, 2019
Page Five
drain system from the proposed parking lot or development shall be implemented with
the design of the grading. This shall include the provision of such devices as storm drain
interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the
parking lot, including sampling, monitoring, and cleaning of private catch basins and
storm drains, shall be undertaken in accordance with the National Pollution Discharge
Elimination System (NPDES) regulations. A private storm water treatment maintenance
agreement shall be signed and recorded. A check list for preparation of the grading
plan/drainage plan is available at the Engineering Department.
15. All existing and proposed curb inlet on property shall be provided with a "No Dumping"
signage in accordance with the NPDES program.
16. A sewer permit will be required. The method of sewage collection and disposal shall be
shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall
be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to
mark the location of the lateral.
17. Separate street and sewer plans prepared by Registered Civil Engineer, shall be
submitted showing all of the existing and proposed improvements. The plans shall be in
accordance with City requirements.
18. A soils engineering report shall be submitted for the Engineering Department's review,
after Planning Commission approval. The report shall address the stability of all of the
existing and proposed slopes on the property. It shall also address the adequacy of the
building pads, the criteria for any new retaining wall design, the maximum allowable soil
bearing pressure and the required pavement structural sections for the proposed streets,
the parking areas, and the driveways. As a minimum, the parking lot pavement sections
shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections
shalt be in accordance with National City modified Standard Drawing G-34. AIi soils
report findings and recommendations shall be part of the Engineering Department
requirements.
19. The deteriorated portions of the existing street improvements along the property
frontages shall be removed and replaced.
20. The existing street improvements along the property frontage(s) shall be kept free from
weed growth by the use of special weed killers, or other approved methods.
21. All existing survey monuments, including any benchmark, within the boundaries of the
project shall be shown on the plans. If disturbed, a licensed land surveyor or civil
engineer shall restore them after completion of the work. A Corner Record shall be filed
with the County of San Diego Recorder. A copy of the documents filed shall be given to
the City of National City Engineering Department as soon as filed.
22. A permit shall be obtained from the Engineering Department for all improvement work
within the public right-of-way, and any grading construction on private property.
5
223 of 236
Resolution No. 2019 —15
February 5, 2019
Page Six
23. Street improvements shall be in accordance with the City Standards. All missing street
improvements shall be constructed. Abandoned driveway aprons shall be replaced with
curb, gutter, and sidewalks.
24. A title report shall be submitted to the Engineering Department, after the City Council
approval, for review of all existing easements and the ownership at the property.
25. All new dwellings are subject to a Transportation Development Impact Fee. This
includes new homes, condos, and apartments. The current fee is $2,484 and typically
increases by approximately 2% per fiscal year (July 1 to June 30).
26. Ali electrical, telephone and similar distribution service wires for the new structure(s)
shall be placed underground.
27, A cost estimate for all of the proposed grading, drainage, street improvements,
landscaping and retaining wall work shall be submitted with the plans. A performance
bond equal to the approved cost estimate shall be posted. Three percent (3%) of the
estimated cost shall also be deposited with the City as an initial cost for plan checking
and inspection services at the time the plans are submitted. The deposit is subject to
adjustment according to actual worked hours and consultant services.
28. A hydromodification plan or a letter sealed and signed by the Engineer of Work
explaining why the project is exempt from hydromodification requirements shall be
submitted.
29. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and
the City of National City Municipal Codes including certification, acknowledgement,
complete boundary information, and monumentation.
30. The developer shall submit to the Fire Department a letter from Sweetwater Authority
stating existing fire flow. If determined by the Fire Department that additional
improvements are needed, the developer shall enter into an agreement for the water
improvements with the Sweetwater Authority prior to obtaining the final map approval.
31. The developer shall bond for the monumentation, the public improvements and the on -
site grading, drainage, landscaping, and other improvements through an agreement with
the City prior to the approval of the final map.
32. SUSMP documentation, as necessary, must be submitted and approved.
33. The final map shall be recorded prior to issuance of any building permit.
34. All new property line survey monuments shall be set on private property, unless
otherwise approved.
35. The parcel map/final map shall use the California Coordinate System for its "Basis of
Bearings" and express all measured and calculated bearings in terms of the system.
6
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Resolution No. 2019 — 15
February 5, 2019
Page Seven
The angle of grid divergence from a true meridian and the north point shall appear on
the map. Two measured ties from the boundary of the property to existing horizontal
control stations shall be shown.
36. A formal Stopping Sight Distance evaluation for the project driveway shall be performed by
a registered civil or traffic engineer consistent with American Association of State Highway
and Transportation Officials (AASHTO) standards. Based on the results of the evaluation,
the engineer shall provide recommendations for ingress / egress and access control to the
satisfaction of the City Engineer. The owner will be required to pay for the full cost of
constructing improvements that may be required as a result of the evaluation, including all
costs associated with obtaining permits, plan reviews and site inspections. Plans submitted
for improvements must comply with the current editions of the California Fire Code (CFC)
and National Fire Protection Association (NFPA), and the current edition of the California
Code of Regulations at the time of plan submittal.
Fire
37. Fire apparatus access roads shall comply with the requirements of this section (CFC
2016 Edition - Section 503.1.1) and shall extend to within 150 feet of all portions of the
facility and all portions of the exterior walls of the first story of the building as measured
by an approved route around the exterior of the building. Dead-end fire apparatus
access roads in excess of 150 feet in length shall be provided with an approved area for
turning around fire apparatus. This comment shall apply to new residential structures.
38. The required width of emergency fire apparatus access roads shall not be obstructed in
any manner, including parking of vehicles. All access roads shall be no less than 20 feet
wide, no less than 14 feet high and shall have an all-weather road with the ability to
support 75 thousand pounds or greater. Where a fire hydrant is located on a fire
apparatus road, the minimum road width shall be 26 feet. A 28 foot turning radius is
required for fire department access through site. All fire department access roads shall
be painted and signed to prevent parking in these required designated emergency
areas.
39. Buildings or portions of buildings or facilities exceeding 30 feet in height above the
lowest level of fire department vehicle access shall be provided with approved fire
apparatus access roads capable of accommodating fire department aerial apparatus.
Overhead utility and power lines shall not be located within the aerial fire apparatus
access roadway.
40. Fire hydrants that may be located throughout the project as not to have a separation
distance greater than 400 feet. Fire hydrants to be located within 400 feet of all locations
which are roadway accessible (Measurement starts from nearest public fire hydrant to
project).
41. The following items pertain to fire hydrants:
a. Size and location, including size and number of outlets, and whether outlets are
to be equipped with independent gate valves.
7
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Resolution No. 2019 —15
February 5, 2019
Page Eight
b. Fire hydrant to be of three outlet design.
42. Provide calculation confirming flow availability to meet fire flow demands and supply
large diameter hose (4 inch).
43. Fire hydrants to be marked by use of blue reflective marker in the roadway.
44. Upon submittal for an underground permit, the following shall be included:
• Data sheet for Back -Flows
• Data sheets for Private and Commercial Hydrants
• Data sheets for Post Indicator Valves
Information on required fire hydrants back -flow devices, etc., can be acquired from
Sweetwater Authority. All pipes and their appliances, shall meet industry/code standards
for underground use.
45. Fire Sprinklers will be required for this project.
46. If entrance/exit gates are used, gates shall be equipped with Knox Box and Emergency
Strobes so as to provide emergency vehicle access and egress. A Knox Key Switch
shall be required in conjunction with strobe for emergency access, and shall be placed at
front of property. Please contact the National City Fire Department for exact field
location.
47. Should any plan corrections be required, contractor must correct the plan and re -submit
to the Fire Department for approval once again prior to installation.
Planning
48. Plans submitted for construction shall comply with Land Use Code requirements and
design guidelines related to bulk, facade and roof articulation, scale that is sensitive to
surrounding uses, balconies and porches, adequate disposal facilities, minimum amount of
laundry facilities, and adequate storage space.
49. Plans submitted for construction shall include a landscape and irrigation plan in compliance
with Land Use Code Chapter 18.44 (Landscaping), including Section 18.44.190, related to
water efficient landscape requirements. The landscaping required by this approval shall be
maintained for the life of the project.
50. If any cultural resources are found during grading or construction, work is to stop, and
the lead agency and a qualified archaeologist be consulted to determine the importance
of the find and its appropriate management. In the event of the accidental discovery or
recognition of any human remains during construction, the applicant is required take all
appropriate steps as required by relevant federal, state, and local laws.
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Resolution No. 2019 — 15
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51. All trash enclosures shall be in compliance with Municipal Code Title 7, Section 7.10.080
(Enclosures required), including the use of flame retardant materials.
52. All site and project lighting shall in compliance with Municipal Code Title 18.46 (Outdoor
lighting).
53. The developer shall provide a declaration of covenants, conditions and restrictions, running
with the land, clearly setting forth the privileges and responsibilities, including maintenance,
payment of taxes, etc. involved in the common ownership of parking areas, walks,
buildings, utilities and open spaces prior to approval of the final map. Said CC&R's shall be
subject to approval as to content and form by the City Attorney. The CC&R's shall allow the
City the authority but not the obligation to assume maintenance of the property and assess
the full cost including overhead costs therefore as a lien against the property if said property
is not adequately maintained per the agreement. The CC&R's shall include a
determination that the funds provided by the maintenance provisions will be sufficient to
cover all contemplated costs.
54. A corporation, association, property owners' group, or similar entity shall be formed with the
right to assess all the properties which are jointly owned with interests in the common areas
and facilities in the entire development to meet the expenses of such entity, and with
authority to control, and the duty to maintain, all of said mutually available features of the
development. Such entity shall operate under recorded conditions, covenants, and
restrictions approved by the City Attorney as to form and content, which shall include
compulsory membership of all owners and flexibility of assessments to meet changing
costs of maintenance, repairs and services.
55. Impacts to native and non-native grasslands shall be mitigated off site. Impacts to native
grasslands (e.g., grasslands having at least 10% native cover) shall be mitigated at a
minimum of 2: 1 and non-native grasslands be mitigated at a 1: 1 ratio.
56. There is a patch of several hundred specimens of San Diego Ambrosia (Ambrosia
pumila) located at the northern end of the property. This is a high -profile sensitive
species. Project conditions require mitigation in the form of salvage and
transplantation. Approval of a translocation plan is required prior to initiating ground
disturbing activities. The translocation plan should specify: 1) the methods used for
translocation (e.g., timing of translocation, seed collection, soil retention, etc.); 2) the
location and suitability of the receptor site; 3) a long-term management plan for the
receptor site; and 4) a long-term funding mechanism. The translocation receptor site
should have long-term conservation value, be contiguous with other large, conserved
tracts of land, and be managed and protected in perpetuity. The translocation plan
should be submitted for review and approval by the Department of Fish & Wildlife prior
to the onset of project impacts.
57. The onsite drainage is considered as Freshwater Emergent Wetland, which qualifies
as jurisdictional wetlands/waters. State and federal permitting to allow this drainage to
be impacted will be required by the US Army Corps of Engineers, San Diego Regional
Water Quality Control Board, and California Department of Fish and Wildlife. All
required permits or related authorizations for the project related to impacting
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Resolution No. 2019 -- 15
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wetlands/waters are a condition of project approval and will need to be secured prior to
any development activities taking place.
58. The landscape design and planting palette shall use native plants to the greatest
extent feasible in landscaped areas. The Project applicant shall not plant, seed, or
otherwise introduce invasive exotic plant species to landscaped areas adjacent and/or
near native habitat areas. Exotic plant species not to be used include those species
listed on the California Invasive Plant Council's (Cal-IPC) invasive Plant Inventory. This
list includes (but is not limited to) the following: pepper trees, pampas grass, fountain
grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, sweet
alyssum, English ivy, French broom, Scotch broom, and Spanish broom.
59. In order to prevent potential impacts regarding the spread of invasive species during
vegetation clearing activities, prior to any such work being undertaken all new
equipment introduced to the project area shall be cleaned, and all equipment shall be
maintained daily. Additional techniques for minimizing the spread of invasive plant
species during construction activities can be found at https://www.cal ipc.org/solutions/
prevention/.
60. The landscape plan submitted with construction documents shall include preservation
and/or replanting of the existing specimens of San Diego Ambrosia, to the extent
possible based on comments from the Department of Fish and Wildlife.
Sweetwater Authority
61. Water service must be provided from an Authority owned water main located within the
public right-of-way or an Authority owned easement. Following vacation of the
undeveloped portion of "M" Avenue, all water to serve the site shall be required to be
obtained from an existing 16-inch PVC water main located within the right-of-way on
East 16th Street.
62. The Final Map shall be submitted to the Authority for its review and comments prior to
recordation.
BE IT FURTHER RESOLVED that the City Council hereby approves a General
Plan Amendment and Tentative Subdivision Map for the rezoning of property located at East
16' Street and "M" Avenue from Small Lot Residential (RS-2) to Medium -Density Multi -Unit
Residential (RM-1) in order to construct a 29-unit residential development.
BE IT FURTHER RESOLVED that this Resolution amending the General Plan
and Tentative Subdivision Map for the rezoning of property located at East 16th and "M" Avenue
shall take effect thirty (30) days after its passage.
[Signature Page to Follow]
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Resolution No, 2019 —15
February 5, 2019
Page Eleven
PASSED and ADOPTED this 5th day of Febru. �J 9
ATTEST:
Michael R. Dalla CityClerk
APPROVED AS TO FORM:
es
ttorney
Alejandra',S,' o. ayor
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Passed and adopted by the Council of the City of National City, California, on
February 5, 2019 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Rios, Sotelo-Solis.
Nays: Cano.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
MICHAEL R. DALLA
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2019-15 of the City of National City, California, passed and adopted
by the Council of said City on February 5, 2019.
u ec
Cle
rk of the City of National City, California
By:
Deputy
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2021-01 TE (2017-04 GPA, ZC, S, IS) — 16th & "M" — Overhead
National Schco!
'rvices Center
ATTACHMENT 2
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The following page(s) contain the backup material for Agenda Item: Update on the County of
San Diego COVID-19 2021 Emergency Rental Assistance Program. (Housing Authority)
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Item #
3/2/21
Update on the County of San Diego COVID -19 2021 Emergency
Rental Assistance Program.
(National City Housing Authority)
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The following page(s) contain the backup material for Agenda Item: City Manager Report.
(City Manager)
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Item #
03/02/21
City Manager Report
(City Manager)
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