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Home My WebLink About2014 06-03 CC HA AGENDA PKTRON MORRISON Mayor LUIS NATIVIDAD Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4300 Meeting agendas and minutes available on web WWW. NATIONALCITYCA. GO V AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, JUNE 03, 2014 — 6:00 PM 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 Sessions begin at 5:00 p.m. or such other time as noted. 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 at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. 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. 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 CC/CDC Agenda 6/3/2014 — Page 2 to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC Agenda 6/3/2014 — Page 3 OPEN TO THE PUBLIC CITY COUNCIL / COMMUNITY DEVELOPMENT COMMISSION AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC ORAL COMMUNICATIONS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS PRESENTATIONS 1. Life Saving Recognition - Raul Vega & Michael Perez (Fire) 2. American Lung Association -Fight for Air Climb -Law Enforcement 2014 Winner (Teresa Contreras) 3. SDSU Sage Project: Capstone Engineering Class Plan for Traffic on Plaza Blvd. 4. National City Sustainability Efforts INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 5. Approval of the Minutes of the Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of February 18, 2014 and March 4, 2014. (City Clerk) 6. Resolution of the City Council of the City of National City Authorizing the Mayor to execute Amendment No. 3 to the SANDAG TransNet Smart Growth Incentive Program Grant Agreement No. 5001347 for the 8th Street Corridor Smart Growth Revitalization Project to extend the termination date of the Agreement from June 30, 2014 to December 31, 2014. (Engineering/Public Works) 7. Resolution of the City Council of the City of National City approving and authorizing the Mayor to sign an Encroachment Permit and Agreement with Maria A. Quinonez for the installation and maintenance of a decorative block wall with iron fence elements inside the parkway and CC/CDC Agenda 6/3/2014 — Page 4 adjacent to the sidewalk along E. 5th Street and Highland Avenue at 739 E. 5th Street, National City, Ca 91950. (Engineering/Public Works) 8. Warrant Register #45 for the period of 4/30/14 through 5/06/14 in the amount of $1,073,391.55. (Finance) 9. Warrant Register #46 for the period of 5/07/14 through 5/13/14 in the amount of $2,010,644.80. (Finance) PUBLIC HEARINGS 10. Public Hearing confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2014/15. (Planning) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 11. Resolution of the City Council of the City of National City confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2014/15. (Planning) 12. Resolution of the City Council of the City of National City adopting the TransNet Local Street Improvement Program of projects for National City for Fiscal Years 2015 through 2019 consisting of the following projects: Plaza Blvd. Widening (NC01), Street Resurfacing (NC03), Traffic Signal Install/Upgrades (NC04), Highland Avenue Community Corridor (NC13), 4th Street Community Corridor (NC14) and Citywide Safe Routes to School (NC15). (Engineering/Public Works) NEW BUSINESS 13. Temporary Use Permit - San Diego Crusade Play hosted by the Victory Outreach Church at Kimball Park on July 19, 2014 from 6:00 p.m. to 9:30 p.m. with no waiver of fees. (Neighborhood Services) 14. Notice of Decision - Planning Commission denial of a Conditional Use Permit for a tobacco specialty shop located in South Bay Plaza at 1430 E. Plaza Blvd., suite E7B. (Applicant: Vapure USA, Inc. (Case File 2014-04 CUP) (Planning) 15. National City Sustainability Efforts Implementation direction to staff. (Planning) CC/CDC Agenda 6/3/2014 — Page 5 16. National City Sales Tax Update Newsletter - Fourth Quarter 2013. (Finance) 17. Discussion of proposed agenda items for the June 25, 2014 Special Meeting of the National City City Council and the National School District Governing Board. (City Manager) COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY 18. Resolution of the Community Development Commission- Housing Authority of the City of National City authorizing the Chairman to execute a Subordination Agreement allowing a new mortgage not -to -exceed $165,000 to be and remain a lien prior and superior to a home purchase assistance loan on a single -unit property located in National City. (Housing, Grants, & Asset Management) PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Adjourned Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - June 17, 2014 -- 5:00 p.m. - Council Chambers - National City, California. On March 18th the City Council voted to schedule its 2014 Summer Recess for the month of July. As a result of that action, the meeting schedule for the period June through August 2014 will be as follows: July 01 City Council Meeting — Legislative Recess - Suspended July 15 City Council & Parking Authority Meeting - Suspended August 05 Adjourned City Council Meeting (start at 5:00 pm due to National Night Out) August 19 City Council, Parking Authority & JPFA Meetings — 6:00 pm ITEM # 1 6/3/14 LIFE SAVING RECOGNITION - RAUL VEGA & MICHAEL PEREZ (FIRE) ITEM # 2 6-3-14 AMERICAN LUNG ASSOCIATION -FIGHT FOR AIR CLIMB -LAW ENFORCEMENT 2014 WINNER (TERESA CONTRERAS) June 3, 2014 Item # SDSU Sage Project: Capstone Engineering Class Plan for Traffic on Plaza Blvd June 3, 2014 Item # 4 National City Sustainability Efforts Item # 5 06/03/14 APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF FEBRUARY 18, 2014 AND MARCH 4, 2014. (City Clerk) Book 96 / Page XX 02-18-2014 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY February 18, 2014 The Regular Meeting of the City Council;;; Commission — Housing Authority of the City eft at 6:07 p.m. by Mayor / Chairman Ron Mor.-rason ROLL CALL Council / Board members present: Cano, Morrison, Natividad, Rios, Sotelo-Solis. Administrative Officials present: Cissel; ;walla, :Deese Duong, .Manganiello, Parra, Raulston, Roberts, Rodriguez, Silvan Stevenson Vergara Williams, Ybarra. Community Development ional City was called to order PLEDGE OF ALLEGIANCE TO siliE PUBLIC ORAL C4C�111 MUN ATION None. PR PE 1. �R= he COUNCIL ME 4, 2. National Gi #6 Graduates. BY MANOR RON MORRISON CO` NCIL PPRECIATION ADMIN (604-2-1) ica "Rni" Zengota, Police Operations Assistant for e with the City of National City. (Police) ENTATIONS 2014 (102-10-9) unity Emergency Response Team (CERT) Academy ire) COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 3. Update on water issues and on the City's water conservation efforts. (Sweetwater Authority Representative and Engineering/Public Works) t Book 96 / Page XX 02-18-2014 PRESENTATIONS (cont.) BLOCK GRANT PROGRAM ADMIN 2014 — 2015 (406-1-29) 4. 2014 — 2015 Community Development Block Grant (CDBG) Program Applicant Presentations for Public Services. (Housing, Grants, and Asset Management) The following representatives spoke in support of their respective program funding requests. Eddie Perez, Community Services Dep$ program'. At Risk After School Teen Cherry Tabanda, International Bible Baptist Church, 'Brothers Keeper'. Clemente Casillas, Community Youth Athletic Center, `Champs 4 Life Diversion Program'. Af. .. Chequita Falls, Meals on.Wheels of Greater San Diego, 'Home -Delivered Meals'. Daniel Hertlandez, ;La Maestta Family =Cli ic, Behavioral and Mental for Low-Incomet nd Uninsu`Ied Individuals. Melissa Soli rary, 'Literacy Services'. n Hunter, SouthBay '`Community Services, 'Police Department Domestic Violence Response Team'. ana, Williams, YMCA ot'an Diego County/South Bay, 'YMCA Subsidy and financial Assisi nce Program for National City Residents'. Lauren Mexilom, onal City, 'Neighborhood Council Program'. Jessica Cissel=",ii tional City Community Services Department, 'Tiny Tots Program'. EIIy Harris, Trauma Intervention Programs of San Diego, 'Trauma Intervention Program for National City'. Alfredo Ybarra, National City Housing and Grants, 'Housing Inspection Program'. Victor Castillo, Southwestern Community College, 'Center for International Trade Development'. a Book 96/Page XX 02-18-2014 CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No: 5 (Minutes), Item Nos. 6 and 7 (Resolution Nos. 2014-17 and 2014-18), Item Nos. 8 and 9 (Warrant Registers). Motion by Natividad, seconded by Sotelo-Solis, to approve the Consent Calendar. Carried by unanimous vote. APPROVAL OF MINUTES 5. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commissionng Authority of the City of National City of December 17, 2013. (0 ACTION: Approved. See above. CONTRACT (C2010-77) 6. Resolution No. 2014-17. RESOLUTION OF THE CITY.,COUNCIL OF THE CITY OF NATIONAL CITY ,AUTH>© IZING THE `MAYOR TO EXECUTE A FIFTH ENDMENT T -AGREEMENT FOR LEGAL SERVICES WITH TH ,} LESSOR AG NCY TO THE COMMUNITY DEVELOPMENT C . N AS THE NATIONAL CITY REDEVELOPMENT AGE IY A BEST BEST & KRIEGER, LLP, FOR THE COMMUNITY YOUTH,ATHLE CENT LEGAL CHALLENGE DEFENSE •TOINCREASE THE NOT TO EXCEED AMOUNT BY $100,00Q };FOR A` TOTAL N -TO `EXCEED `>AMOUNT OF $562,500. (City Attorney» ACTIO CONV CT`(i , .4-4) 7. Resolution` o .2014- 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OATIONCITY APPROVING AND AUTHORIZING THE M;+�YFr}`NAL OR TO SIGaI,,,A UTILLITY AGREEMENT WITH THE STATE OF CAL`IEORNIA DEPARTMENT OF TRANSPORTATION TO RELOCATE THE'CI:TY OF NATIONAL CITY EIGHT INCH (8") SEWER MAIN WHICH CROSSESUUNDER'INTERSTATE 805 IN ORDER TO ACCOMMODATE THE C ST RUCTION OF ADDITIONAL FREEWAY LANES. (Engineering ACTION: Adopted. See above. WARRANT REGISTER JULY 2013 — JUNE 2014 (202-1-28) 8. Warrant Register #29 for the period of 01/08/14 through 01/14/14 in the amount of $503,544.35. (Finance) ACTION: Ratified. See above. 3 Book 96 / Page XX 02-18-2014 CONSENT CALENDAR (cont.) WARRANT REGISTER JULY 2013 — JUNE 2014 (202-1-28) 9. Warrant Register #30 for the period of 01/15/14 through 01/21/14 in the amount of $1,416,855.17. (Finance) ACTION: Ratified. See above. PUBLIC HEARING PARKING DISTRICT ADMIN (801-1-1) 10. Public Hearing of the City Council of tt1O City (;:National City to consider establishment of Residential Permit.Parking Distract "K" on both sides of E. 26th Street between "B" Avenue and `D" Avenue, and on the east side of the 2500 block of "B" Avenue, pursuant to City'Council Policy 710 "Residential Permit Parking Program." (TSC 2013-25) (Engineering/Public Works) • RECOMMENDATION, r +iold Hearing›o consider establishment of Residential Permit Parking)0Jstrict K TESTIMONY: Mina Erickson, NatiornalCity, spoke in support of the district. Maria,Castaneda, National City, spoke in opposition. Alr�iat rnan Viz, National City,. sp key in support. A;JION M' ��, tin by So`f,Eslo�olis, seconded by Cano, to close the hearin . Carr e ! by unanirr ous vote. Motion by Cano, seconded by Sb'kiq Solis•to, re -open the hearing. Carried by unanimous lotion by''N tividad, s conded by Sotelo-Solis, to continue the ,hearing rtto April 15{h£�to allow staff to study the issue further. Carned,by unft•tnous votes NON CONSENT RES FINANCIAL ANAGEMENT 2013 — 2014 (204-1-29) 11. Resoluti©941o. 2 aye-19. RESOLUTION OF THE CITY COUNCIL OF THE CITYq.: IIONAL CITY AUTHORIZING TO REINVEST THE CITY OF N1?1t VAL CITY DEPOSIT OF $2 MILLION IN A CDARS ACCOUNT WITH NEIGHBORHOOD NATIONAL BANK FOR A ONE- YEAR TERM. (Finance) RECOMMENDATION: Reinvest $2 million in a CDARS account with Neighborhood Bank for a one year term. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Natividad, to adopt the Resolution. Carried by unanimous vote. EXPARTE DISCLUSURE: Members Cano, Natividad, Rios and Sotelo-Solis disclosed that they had contact with the applicant. Book 96 / Page XX 02-18-2014 NON CONSENT RESOLUTIONS (cont.) Member Sotelo-Solis left the Chamber at 10:00 pm CONTRACT (C2004-55) 12. Resolution No. 2014-20. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT BETWEEN AND AMONG THE COUNTY OF SAN DIEGO AND PARTICIPATING CITIES "AND JURISDICTIONS REGARDING THE NEXT ERATION REGIONAL COMMUNICATIONS SYSTEM P .ING COMMUNICATION SERVICES TO PUBLIC SAFETY ;ANDPUBLIC:; SERVICE AGENCIES OPERATING IN SAN DIEGO COUNTY AND IMPERIAL COUNTY WITH rs s'j AN ANTICIPATED COST O` $1.75 L MILLION `AND ON -GOING 5s:. MAINTENANCE COSTS PAYA BY MARCH 31, 2016.` .;(Fire) RECOMMENDATION: Staff recommends authorizing they Mayor to sign the Next General Regional Communications°System Agreement. TESTIMONY: Noone ACTION: Motion';',..by''Natividad, seconded by Cano, to adopt the Resolution. Carried by the,:.following5'vote, to -wit: Ayes: Cano, ..:; Morr n . Natividad, -Ri- Sotelo-Solis. Ab NEW BUSINES TEMPOR 13 Te'i SE PER MITS'�20 4 203 1 0) pbrary„ Use Permit 3rd A ` Baal fVllabuhay Festival & 116th Philippine Independen eleblrtton at Kim II Park on June 14, 2014 from 10 a.m. 4 p.m. with nest -'6'fk aiver of fees. (Neighborhood Services) RECOMMEND N: Aiprove the Application for a Temporary Use Permiitubject tocompliance with all conditions of approval with no waiver of fee" TE IMO one. ACTIO ;.:Motion by Rios, seconded by Cano, to approve staff recomm cation. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Natividad, Rios. Nays: None. Absent: Sotelo-Solis. Abstain: None. Member Sotelo Solis returned to the Chamber at 10:09 pm. BUDGET FY 2013 — 2014 (206-1-29) 14. Staff Report: Mid -Year Fiscal Year 2014 Budget Update. (Finance) RECOMMENDATION: Accept the staff report as presented. TESTIMONY: None. ACTION: Accepted and filed. There was no vote. 5 Book 96 / Page XX 02-18-2014 NEW BUSINESS (cont.) BUDGET FY 2014 — 2015 (206-1-30) 15. Scheduling of City Council workshop related to the discussion and preparation of the City of National City's annual budget for Fiscal Year 2015. (Finance) RECOMMENDATION: Accept staffs recommended budget workshops dates of April 29 and May 13, 2014; or, in alternative, provide direction on alternative dates. TESTIMONY: None. ACTION: Motion by Rios, seconded 'by<Sotelo-Solis, to approve April 29 and May 27, 2014. Carried by unanimous vote. CITY NEWSLETTER (106-4-1) 16. City Council approval of proposed Electronic "E" design/layout and content. (City Manager RECOMMENDATIONA cept and file}, TESTIMONY: None ACTION: No action to COMMUNITY DEVELOPMENT COMMISSION — HOUSINGG'AI THORITY OF THE CITY'`OF..NATIONAL CITY NO AGENDA ITEMS STAFFREPO; PROPOSITION `D'' DPSTRICT SALES TAX ADMIN (205-7-1) 17. !Staff Report gripe proposed timeline for the development and drafting of a,?oposed Ballqp•Measurei4p extend the City's previously voter -approved ten year district saes tax beyond 2016 to maintain the City's public safety services,,; prevent cuts to police and fire services and ensure adequate funding"for parks ilpraries, and other City services, to be placed on the November'''.a 114 '�)Iot. (City Attorney) ACTIN otion by Rios, seconded by Sotelo-Solis, to accept and file Staff Report. Carried by unanimous vote. Newsletter, including MAYOR AND CITY COUNCIL Council Member Sotelo-Solis reported that students from Israel are visiting Sweetwater High School. Council Member Rios provided information on scholarships offered through the Metropolitan Transit System and Coke a Cola and reminded everyone about the Sweetwater High School baseball game at Petco Park. 6 Book 96 ! Page XX 02-18-2014 MAYOR AND CITY COUNCIL (cont.) Mayor Morrison discussed proposed rate increases by the Metro System. CLOSED SESSION REPORT City Attorney Claudia Silva stated there was nothing to report from the Closed Session. (See attached Exhibit 'L') ADJOURNMENT Motion by Sotelo-Solis, seconded by Rios, that iou:.the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National ity to be held Tuesday, March 4, 2014 at 6:00 p.m. at the Council Chamb National City, CgifOrnia. Carried by unanimous vote. The meeting closed at 11:27 The foregoing minutes were: "City Clerk roved atythe Regular Meeting of June 3, 2014. Mayor �1 EXH[BITV AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NAT]d�NAL CITY AND SUCCESSOR AGENCY COMMUNITY DEVELOPMEN"f", THE NATIONAL CITY REDEVF EN' NCY I enter National i day, 0 Febru � ROLL CALL pl 1Goofaven%evvith all 1� 2. "~'"" ity Youth AW ilc Center v. City mNational City, CDC, et al. SD Supbribr.Court Case` Court of Pp�� D060001 SUCCESSOR AGENCY 3. Conference with Leqe|Counse|— Existing Litiqation Government Code Section 64S5O.9(a) Community Youth Athletic Center u City nfNational City, CDC, et al. SDSuperior Court Case No. 57'2OO7-OO8704U4'CU'E|'CTL Court ofAppeal Case No. DOOOOO1 ADJOURNMENT Next Regular City Council Meeting — February Tuesday,�' 00 Book 96 / Page XX 03-04-2014 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY March 4, 2014 The Regular Meeting of the City Council Commission — Housing Authority of the City o. at 6:22 p.m. by Mayor / Chairman Ron Morison. ROLL CALL Council / Board members present: Cano, Morrison, Natividad, Rios, Sotelo-Solis. Administrative Officials present: Aguirre, lla, .Deese, Duong, Manganiello, Parra, Raulston, Roberts, 4Rodriguez, Silva, Stevenson, Vergara, Ybarra, Williams. Others present: City Treasurer Mitch .Beauchamp; and Student Representative Kane Gillego. PLEDGE OF ALLEGIANCE TO THE FLAG:sBY IM, 4Y0144RON MORRISON PUBLIC ORAL COMMUNICATIONS y.4y. Studen I Toydn' ctibw4endedln invitation to their Spaghetti Dinner on arc ,for 6G&09,p'ariip. Sonialqpan, Princirti f Kirnizail School, asked the City Council to have her Studenteouncil Office a recognized at a future City Council Meeting. Lorena ChaVaz,. and Ro$Vba Ayala, National City, requested support for the Eddie Perez, San Dia o, expresses concern about West Side projects and '2.ih 1 Community Development canal City was called to order Geoffrey Schrock, National City, spoke about positive public support for continuation of the District Sales Tax. 9 CITY COUNCIL PRESENTATION Book 96 / Page XX 03-04-2014 BLOCK GRANT PROGRAM ADMIN 2014 — 2015 (406-1-29) 1. 2014 — 2015 Community Development Block Grant Program Non Public Service and HOME Investment Partnerships Program Applicant Presentations. (Housing, Grants, and Asset Management) The following representatives spoke in suppor of their respective program funding requests. Carlos Aguirre, National City Housing, Grants and Asset Management, 'Housing Inspection Program' requesting $110,477. 4 Victor Castillo, Southwestern Community College District; 'Center for International Trade Development' reguuesting $35,000. k �` fl �.; Joe Olson, City of National Git�r Neighborhood Services, 'Neighborhood Preservation' requesting $ 0.4,302.;; Terry Whitaker, "rSan Ysiderp Health °Center, 'Family Clinic Facility Improvement , requesting Stephen Manganieliti , ational CityEngineering Department, Drainage 'taiprovements` requesting 00,000. Stephen Mariganiellor.National City Engineering Department, 'Park ADA ?mprovements'requestir`tg 100,000. i Silvia Leon, Environmental Health Coalition, 'Making National City's HealtfiyHomes Energy Efficient' requesting $45,768. Alfredo Yba a4:,gational City Fire Department, 'Fire Station 34 Section 108 Loan Paytent FY 2014-2014' requesting $543,819. 4k- Alfredo Ybarra, National City Housing, Grants and Asset Management, `CDBG Program Administration' requesting $161,609 and 'Fair Housing and Tenant -Landlord Education' requesting $35,000. Home Investment Partnerships Program requests Carlos Aguirre, National City Housing, Grants and Asset Management, 'National City Owner -Occupied Rehabilitation Program' requesting $310,319. Book96/PageXX 03-04-2014 PRESENTATION (cont.) BLOCK GRANT PROGRAM ADMIN 2014 — 2015 (406-1-29) 1. 2014 — 2015 Community Development Block Grant Program Non Public Service and HOME Investment Partnerships Program Applicant Presentations (continued). Don Hunter, South Bay Community Services,fand `Tenant Based Rental Assistance Program' requesting $100,00 Alfredo Ybarra, National City Housing. Grants vld 'Home Program Administration' requesting $26,943 ' CONSENT CALENDAR ADOPTION OF CONSENT :CAL through 7 (Resolution Nos. (Warrant Registers). Motion Consent Calendar. Carried by urn; APPROVAL OF, 2. APPROVAL OF T CITY COUNCIL AN HOUSING S,TH NARY 4, t ON: CONTRACT (C2014 3. WORIution No. O14-21: RESOLUTION OF THE CITY COUNCIL OF H , TITY OF NATIONAL ITY AUTHORIZING THE CHIEF OF POLICE TO CONTINUE A MORANDUM OF UNDERSTANDING (MOU) WITH THE CAL'1EORN wHIGHWAY PATROL, SAN DIEGO AREA (CHP) REGARDI I < 3COTICS INVESTIGATIONS ORIGINATED BY THE CALIFORNIA H GHWAY PATROL AND AUTHORIZING THE CHIEF OF POLICE TO SIGN THE MOU. (Police) ACTION: Adopted. See above. Asset Management, ENDAR. `Y Item o. 2 (Minutes) ltem Nos. 3 -21 throughh014-25), Item Nos. 8 and 9 elo Solis, seconded by Rios, to approve the Yhr,J nimousote. E RULAR MEETING OF THE DEVELOPMENT COMMISSION — CITY OF NATIONAL CITY OF 11 Book 96 / Page XX 03-04-2014 CONSENT CALENDAR (cont.) GRANT / PUBLIC SAFETY (206-4-27) CONTRACT (C2011-3) 4. Resolution No. 2014-22. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF THE FY 2013 OPERATION STONEGARDEN GRANT IN THE AMOUNT OF $35,000 AND AUTHORIZING THE CHIEF;OF POLICE TO EXECUTE THE AGREEMENT FOR THE AWARD OF T,HE GRANT FUNDS, AND AUTHORIZING THE ESTABLISHMENTESTABLISHMENT470tpJND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET, IN THE AMOUNT OF THE GRANT FOR REIMBURSEMENT OF. OVERTIME, FRINGE BENEFITS AND MILEAGE F �.. <='PROGRAMMAT.IC OPERATIONS, PRIOR TO THE GRANT DEADLINE OF MAY 31,015, THE GRANT FUNDS MUST BE USED FORiOVERTIME REIMBURSEMENT PRIOR TO THAT DEADLINE, TO ENABLE STAFF TO CLAIM REIMBURSEMENT OUT OF THE GRANT- FUNDING BY MARCH 31, 2015 DEADLINE. (Police ACTION: Adopted S`oe above. PARKING & TRAFFIC CONTROL ApMIf 2014 (801 2 35) 5. Resolution<,N`o 2014-23 RESOLU ION F THE CITY COUNCIL OF THE CI ;0 NATIONAL CITY pTHORIZI G:THE INSTALLATION OF ONE BLUEigURB HANDICAP ' 1RKING SPACE AND TWO 30-MINUTE TIME RESTRJATED fi2KING SPACES ON E. 2ND STREET IN FRONT E BUSI4I40 HIGHLAND AVENUE. (TSC 2014-03) ngineer n /Public (,) Yorks ACTIflNI Adopted. See above. PARKING 8 TRAFFIC cONTROL,ADMIN 2014 (801-2-35) 6. Resolution No. 1004-24. 'RESOLUTION OF THE CITY COUNCIL OF THE fl. OF NAT NAL CITY AUTHORIZING THE INSTALLATION OF A BLUE RB HANDICAP PARKING SPACE WITH SIGN IN FRONT OF 1036 HOO<NUE. (TSC 2014-01) (Engineering/Public Works) ACTI dopted. See above. to Book 96IPage XX 03-04-2014 CONSENT CALENDAR (cont.) ENCROACHMENT AGREEMENT ADMIN 2014 (903-14-8) 7. Resolution No. 2014-25. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN ENCROACHMENT AGREEMENT WITH FRANK MOTORS, INC., LOCATED 3150 NATIONAL CITY BOULEVARD, FOR THE INSTALLATION OF THREE GROUNDWATER MONITORING WELLS IN THE PUBLIC RIGHT-OF-WAY`A 'LONG NATIONAL CITY BOULEVARD AND W. 33RD STREET, S„DIRECTED BY THE COUNTY OF SAN DIEGO DEPARTMENT RONMENTAL. HEALTH. (Engineering/Public Works) ACTION: Adopted. See anb olve' WARRANT REGISTER JULY 2013 — J1NE 2014 (202-1-28) 8. Warrant Register #31 for the periods f 01/2 /14 through 01/28/14 in the amount of $1,640,750 8 (Finance) ACTION: Ratifief ee above WARRANT REGISTER JULY 209—:k1 9. Warrant Rego,. #32 for *perk) amount of ;`1.88; 3,68.19 (Fipanc ACTION Rafted. See b PUBLIC HEARING CON 5 .+ 10. ,,2014 (202 1-28) 11/29/1*Trough 02/04/14 in the ONA.0 x Eft1'NITS 201 103,-2J-1) Public Hear — Cotditional Use=Permit for the sale of beer and wine for "-site consurrilp on at ; n existing market (El Super Market) located at ;11, "L" Avenuen (Applicant: Rode! Chalabi) (Case File 2013-27 CUP) (PIa l ng) RECOMMENDATI�i N: Staff concurs with the decision of the Planning Commisi* TEST t Dr. Sam Jihad, spoke in support. Two letters were receive P regarding the CUP; one is opposition and one neutral (copies on file in the Office of the City Clerk) ACTION: Motion by Sotelo-Solis, seconded by Rios, to close the Public Hearing. Carried by unanimous vote. 3 Book 96 / Page XX 03-04-2014 NON CONSENT RESOLUTIONS CONDITIONAL USE PERMITS 2014 (403-29-1) 11. Resolution No. 2014-26. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF -SITE CONSUMPTION AT AN EXISTING MARKET (EL SUPER MARKET) LOCATED AT 1811 "L" AVENUE. (Applicant, Rodel Chalabi) (Case File 2013-27 CUP) (Planning) RECOMMENDATION: Adopt the Resolut( TESTIMONY: None ACTION: Motion by Sotelo Solis, `seconded.by Cano, to have staff return with a new Resolution that includedr;an added condition requiring a 12 month review. Carried by the following vote, to -wit: Ayes: Cano, Morrison, %Sotelo-Solis. Nays: "'Natividad, Rios. Abstain: None. Absent: None ;y Mayor Morrison left the Char t;8:05 pm durir3 consideration of Item No. 12. PARKING & TRAFFIC CONTRot ADMINm14 (801 2_;`!35) 12. Resolution No g014-27 .;ESLUOON OF E CITY COUNCIL OF THE CITYzO ^NATI NAL C ;,. AUTHORIZING THE INSTALLATION OF ED RAISPAVEMENTMARKEI S FR TFF RAIC CALMING ON DIVISION STREET °BETWEEN yD" AVENUE AND HIGHLAND AVENUE. (TSC 2014-02) (EEnglineering/Public Works RECO MENDi I `• Adopt the esolution to install raised pavement oV,trafficalming on .,livisn Street between "D" Avenue and Highland Av'n e�tr TESTI l I�IY: Claudia Pelayo, National City, spoke in favor. ACTION otion Sotelo-Solis, seconded by Rios, to adopt the ,Resolution " Carried`' by the following vote, to -wit: Ayes: Cano, Ntatividad, os, Sotelo-Solis. Nays: None. Abstain: None. Absent: Mor on. Mf .. Mayor Morrison returrlp;0 to the Chamber during consideration of Item No. 13. BUDGET FY 2013-2014 (206-1-29) 13. Resolution No. 2014-28. Resolution of the City Council of the City of National City authorizing various Mid -Year Budget Adjustments. (Finance) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. Book 96 / Page XX 03-04-2014 NEW BUSINESS CONDITIONAL USE PERMITS 2014 (403-29-1) 14. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the expansion of the area approved for beer and wine sales at Napoleone's Pizza House located at 619 National City Blvd. (Applicant: Peter Crivello) (Case File 2013-29 CUP) (Planning) RECOMMENDATION: Staff concurs with t*;,decision of the Planning Commission and recommends approval of the Conditional Use Permit. TESTIMONY: Peter Crivello, the>$' ,� licant, requested that the Notice of Decision be set for a Public" H" ring. ACTION: Motion by Sotelo SOlis,'"seconded by Rios, to approve for Public Hearing as reouestoilliY Applicant. rried by unanimous vote. TEMPORARY USE PERMITS 2014 (203 1-30) 15. Temporary Use Permiit. 7th Annua)` m unity Easter Egg; Hunt 2014 sponsored by CornerstoneChurch of San Diego at Las Palmas Park on April 19, 2014 from 11 a to 3 p.m:: with no waiver of fees. (Neighborhood Services) RECOMMbE� D ION: Approve th'Application for a Temporary Use Permit su a is y p iancewith all nd ions of approval. T TIMON Zone. .,,K ACT IO: Mot by Rios, conded by Natividad, to approve staff ndati with no &fiver of fees. Carried by unanimous reco MA T!N LUTHER KING . COMMU l ' CENTER (1101-5-1) 16. ..Request to us • .Martin.k ther King Jr. Community Center (North and South Rooms) b"y National ity Chamber of Commerce for a Job Fair on 5 Kv' Wednesday, April �. .2014, from 7:00 am to 2:00 pm. Applicant anticipates approximately 700-800 attendees. Applicant is requesting a waiver of fees. (Ecii , eenn rublic Works) RECOM : Staff recommends approving the Facility Use Application o waiver of fees. TESTIM NY: Jacqueline Reynoso, Chamber of Commerce, spoke in favor and responded to questions. ACTION: Motion by Sotelo-Solis, seconded by Rios, to approve with waiver of all fees except custodial. Carried by unanimous vote. �5 Book 96 / Page XX 03-04-2014 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2014 (203-1-30) 17. Request from National City Chamber of Commerce for waiver of National City Fire Department fees on Mariachi Festival & Competition event at Pepper Park on March 15, 2014. This is a Port of San Diego large event permit which requires National City Fire Department review and inspections. (Neighborhood Services) RECOMMENDATION: No waiver of fees. TESTIMONY: Jacqueline Reynoso, Chamber of Commerce, spoke in favor and responded to questio ACTION: Motion by Rios, seconded by Natividad, to approve with waiver of all fees unless ,rtibursed by a .sponsor. Carried by unanimous vote. MUNICIPAL CODE 2014 (506-2-29) 18. Staff Report — Follows up report to theCit°Council regarding "Deemed Approved" Ordinances for existing retail ale hol outlets. (Planning) RECOMMENDATION: Accept and file the "report. TESTIMONY: None ACTION: Motion by`Sotelo-Solis, seconded,by Cano, to accept and fife r Carried by unanimous vote. COUNCIL WORKSHOP NOTICES / 1.:,1: (102-6-1) 19.Scheduling of City Council retrtdministrative Services) OMMENDA ION: `Authorizeff# to schedule a City Council retreat nt ,v ,. 3.e4; � > on any of t},fe dates June 6, 7,0, 20, 21, 24, 27 and 28, 2014. TES TM Q ACTION. Motion by Sotelo-Solis, seconded by Cano, to table. Carried bynanim©us;<vote. Staff was asked to bring back potential dark dates for a Legislative ;:.teak. COMMUNITY DEVELOPMENT COMMISSION — HOUSING `AUTHORITY OF THE CITY OF NATIONAL CITY NO AGENDA ITEMS 16 Book 96 / Page XX 03-04-2014 MAYOR AND CITY COUNCIL City Treasurer Beauchamp updated the Council on the City's investments and reported on a new rail car addition at the National City Depot. Council Member Sotelo-Solis spoke about the activities surrounding the birthday of Dr. Suess and thanked the Police and Fire for their response during the past week. Council Member Rios thanked staff for getting th$,ey iebcast back up and working. Mayor Morrison reported on a favorable court ruling in a=, case involving the San Diego CountyWater Authorityand the ' r" 9 �,)<i'opolitan Wafer District and informed that an employee of the Sweetwater'AUthority, while on his'way to work, was killed by a drunk driver. CLOSED SESSION REPORTAA City Attorney Claudia Silva sta Session or the Parking Author' ADJOURNMENT ere was `1r °hing to report from the Closed osed Session (See attached Exhibit 'L') Motion by Sotelb Solis, seconded by.Cano, to a lot".n the meeting to the next Regular Meeting -of<the Citv`tCouncil an'dtommunity Development Commission — Housina Authority oaf tithe City ,of National City to be held Tuesday, March 18, 2014 at 6:OO p.m at t i • Co ncH.0 hambersNational City, California. Carried by unafmtus vote �.<` �� ^ 'fi` vote t> v.b. The£ meeting closed a City Clerk The foregoing minutes were approved at the Regular Meeting of June 3, 2014. Mayor EXHIBITV AGENDA OF A SPECIAL MEETING " CITY COUNCIL OFTHE CITY OF NATIONAL CITY PARKING AUTHORITY OF THE CIT I NAL CITY SUCCES COMMUNITY DEVELORVENT COMMISSION 1 SmQ~ *r � P.M.n. amxaw�u. �w ~~~~~^~^~ PARKINWAUTHORITY leal Propertv Trai action er Cootco8de Agency, Negotiator: 006'Vosier unoe n:P ngTerms ofPoyn�onkPARKING AUTHORITY CLOSED SESSI 1Rea Pmpertv Transaction — Former CostcoSite APN: 658'088'03'00 Agency Negotiator: Don Mosier Under Negotiation: Price and Terms ofPayment CITY COUNCIL 1. ConferenoewithLabnrNeooUatons—Govarnnnent Code Section 54857.6 Agency Designated Representatives: Stacey Stevenson, Claudia Silva, Brad Rou|nton, Mark Roberts, FrankPorra. and Tim Davis Employee Organization: Fire Fighters' Association �� Closed Session Agenda Page Two March 4, 2014 CLOSED SESSION (cont.) CITY COUNCIL 2. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Stacey Stevenson, Claudia Silva, Mark Roberts, Tim Davis, and Jose Tellez Employee Organization: Police Officers' Association 3. Conference with Labor Negotiators — Government CodeSection 54957.6 Agency Designated Representatives: Stacey Steven on Claudia Silva, Tim Davis, Mark Roberts, and Kunabalan "Kuna" MuthusamyrYs�. Employee Organization: Municipal Employees AssociatI n:; Conference with Legal Counsel — Existing?itigation Government Code Section 54956.9(ag{"°` City of National City, Successor Agency Morgan Square, Inc San Diego Superior Court Case No. 37 2013-00054606:-CU-OR CTL' .;SUCCESSOR AGEN 1. Conference with Legal Coun`s'el 'Existing Litigations Government Code Section 5495 9(afi;;> Y.4 City of National City, SuccessorA.gency vsJlrlorgan Square, Inc. San Diego Superior Court Case t §v.37 2013-000�54606 Cti-OR-CTL ADJOURNMENT:: Next Reg ular'Ctty,,,CouncitNleeting — Tu6siday, March 4, 2014, 6:00 p.m., Council CI' art7ers, Civic"te ext arSucces orr�,Agency Meeting Tuesday, March 4, 2014, 6:00 p.m., Council Y k( I m", Chambers, Civie,Center -, .... if Next Regular Peril nAuthority Meeting — Tuesday, July 15, 2014, 6:00 p.m., Council Ctakrnpers, Civic Cer1 oS, CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 3, 2014 AGENDA ITEM NO. 6 'EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute Amendment No. 3 to the SANDAG TransNet Smart Growth Incentive Program Grant Agreement No. 5001347 for the 8th Street Corridor Smart Growth Revitalization Project to extend the termination date of the Agreement from June 30, 2014 to December 31, 2014 PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Letter to SANDAG (Amendment Request) 3. Amendment No. 3 to Grant Agreement 4. Resolution EXPLANATION On January 19, 2010, per Resolution No. 2010-13, City Council authorized the Mayor to execute a TransNet Smart Growth Incentive Program Grant Agreement (No. 5001347) with SANDAG in the amount of $2 million for the 8th Street Corridor Smart Growth .Revitalization Project. On May 3, 2011, per Resolution No. 2011-95, City Council authorized the Mayor to execute Amendment No. 1 to the grant agreement to extend the project schedule by one year to accommodate final design and construction for the utility undergrounding portion of the project. On February 7, 2012, per Resolution No. 2012-39, City Council authorized the Mayor to execute Amendment No. 2 to the grant agreement to extend the termination date of the Agreement from February 28, 2013 to June 30, 2014 to accommodate, 1) changes to SDG&E's utility undergrounding base plans, 2) expansion of the project from "D" Avenue to Highland Avenue, and 3) expansion of the project to include sewer replacement / upsizing. On May 2, 2014, the Regional Planning Committee approved a third project schedule amendment to the grant agreement (Amendment No. 3), which would extend the termination date of the Agreement from to June 30, 2014 to December 31, 2014. Staffs formal request to SANDAG (see attached) was based on delays due to utility companies and necessary revisions to the contractor's construction phasing and traffic control plans to ensure safe, ADA path of travel for pedestrians along the corridor, which includes access to local businesses. The staff recommendation is for City Council to approve and authorize the Mayor to execute Amendment No. 3 to the grant agreement. March 19, 2014 Susan Baldwin Senior Regional Planner SANDAG 401 B Street, Suite 800 San Diego, CA 92101 CALIFORNIA -. - ZNCQRpORATED ,✓ RE: Request for Amendment to TransNet Smart Growth Incentive Program (SLIP) Grant Agreement No. 5001347 for the National City 8th Street Corridor Smart Growth Revitalization Project The 8th Street Corridor Smart Growth Revitalization Project is divided into two distinct phases. Phase I involves utility undergrounding and sewer replacement / upsizing. Phase II involves design and construction of the Smart Growth streetscape enhancements. The following discussion summarizes our request for an amendment to the project schedule based on extenuating circumstances beyond our control. 1) Advertisement of the Phase 11 construction contract had to be delayed three months due to utility companies falling behind schedule with their portion of the work associated with Phase I construction. National City awarded a contract for Phase II construction in June 2013. Utility companies are still behind schedule, which have resulted in further delays to Phase II construction. 2) Necessary revisions to the contractor's construction phasing and traffic control plans to ensure safe, ADA path of travel for pedestrians along the corridor, which includes access to local businesses, have resulted in additional delays. For example, due to heavy pedestrian traffic and number of business driveways and entryways along the corridor, the contractor is obligated to demo and construct improvements "block -by -block," which will require additional time to complete construction. Based on these impacts, Phase II construction, as of March 2014, is approximately 40% complete. Therefore, National City is requesting a project schedule extension to December 31, 2014. Construction is scheduled to be completed by October 2014, with two months for project close out. Staff will continue to coordinate with utility companies to resolve delays regarding the final stages of utility undergrounding and conversion. Engineering Department 1243 National City Boulevard, National City, CA 91950-4301 619/336-4380 Fax 619/336-4397 www.nationalcityca.gov -1- Please let us know if you need additional information to support our request. Sincerely, Stephen Manganiello Director of Public Works / City Engineer Attach rent: Revised Summary Table Presentation Slides cc. Suchitra Mukherjee, SANDAG Regional Planner Leslie Deese, City Manager Page 2 of 2 -2- Amendment No. 3 to SANDAG Agreement No. 5001347 Amendment Summary Agreement No.: Amendment No.: Consultant: Work Description: 5001347 3 (Six-month time extension only) City of National City Eighth Street Corridor Smart Growth Revitalization. Schedule extension approved by Regional Planning Committee on May 2, 2014. B. Original Agreement End Dte: 02/28/2U12 D. Revised (Total) Amended A , reement % Over Original Amount: 0% Amount: 52,000,000 End Date: B/302014 Amount: 5 2,000,000 End Hate: 12T31/2014 * This includes original agreement and all previously approved amendments Standard Provisions A. Under the Agreement 5001347 and any previous amendments thereto (referred to herein as "Agreement") between San Diego Association of Governments ("SANDAG") and City of National City (referred to herein as "Grantee"), Grantee received grant funds for its Eighth Street Corridor Smart Growth Revitalization Project, as shown in Article 1, to SANDAG. B. Grantee shall remain bound to the terms of the Agreement, except to the extent the terms of this Amendment conflict with the Agreement or any previous amendments, in which case this Amendment shall supersede. Nothing in this Amendment relieves the Grantee of its obligation to perform as required by the Agreement or any previous amendments unless expressly stated herein. Agreement Revisions (See Article I.A. —Amendment Summary) A. Scope of Work There shall be no change to the scope of the Agreement. B. Costs There shall be no change to the maximum amount of the Agreement. -3- C. Schedule of Services/Milestones/Deliverables SANDAG and Grantee agree that the termination date and/or schedule of this Agreement shall be revised and the termination date identified as "End Date" in Article I.D., shall be the termination date. Grantee shall not be paid for work performed after the termination date. The revised project schedule is included in Attachment A to this Amendment. Signatures This Amendment may be executed and delivered by facsimile signature and a facsimile signature shall be treated as an original. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Amendment. IN WITNESS WHEREOF, this Amendment has been executed under the provisions of the Agreement between SANDAG and Grantee. By signing below, the parties hereto agree that all terms and conditions of this Amendment, the Agreement, and any previous amendments shall be in full force and effect. The persons below assert that they are authorized to execute this Amendment and have executed it as of this day of 2014. SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF NATIONAL CITY GARY L. GALLEGOS Executive Director or designee APPROVED AS TO FORM AND LEGALITY: Office of General Counsel Attachments: RON MORRISON Mayor ® Project Budget, Scope of Work, and Schedule (Attachment A) 2 -4- ATTACHMENT A TO AMENDMENT NO. 3 TO SANDAG AGREEMENT NO. 5001347 REVISED PROJECT SCHEDULE - AMENDMENT #3 CHANGES SHOWN IN "BOLD" Task Deliverables Start Date Completion Date SANDAG Funds Matching Funds Total 1. Execute grant agreement Grant agreement July 2009 January2010 $ - $ - $ 2a. Prepare Prepare construction plans for utility undergrwndng.(SOG$Ej 100% plans January 2010 dana2G30 Py. nY',011 February 2012 - $ - $ - $ - $ 200,000. . $ 200,000 2b.replacrmentfupsizing Prepare construction plans far sewer 100%.plans July2011 February 2012 $ - $ 65,000 S 65,000 3. Prepareeonstruction planet& remaining Improvements(50%) 50%plans March2010 July 2010 $ - $ 120,000 $ 5,000 $ 120,000 $ 5,000 4, project Conduct public workshop Meeting notification 8 summaries 0 October 2010 M0 October 2010 $ - 5a. Award construct contract for Phase 1 Cfly Couric resolution Artgtrt20.11 `spt' ".' 20"1 March 2012 $ - $ - $ - $ - $ 5,000 $ 5,000 February 2012 5b. Unityundergrwnding construction Notice of completion r1a n,-- 391 1 Fabsuary-2044 June-2043 June 2014 $ _ - $ 1,000,000 $ 1,006,000 $.1,500,000.$ $ 5,000 i 1,0Do,000 $ 1,OOQ000 1,500,000 $ 5,000 $ - April 2012 5c. Sewer replacement Ncti=ofcompletion April 2012 June2013 $ - 8. :/:upsidngconstruction Public presenfa$on (Phases 1 & 2) Meeting notification &summaries September 2011 Augw42036 September -MU 3. $ - 7: Prepareconstnrcnonplans & specs for remaining project Imprarenents(90%) 90% plans & specs Auciust 2010 /laatrt4e<.. •n $ - $ 120,000- $ 120,000 $ - $ 203,000 $ 200,00D Aegad-2 41 March 2012 8: Prepare construden plans & specs for remaining project Mnprovernents (100%) 100% plens & specs September ii April 2012 noraba .3 $i $ - $ 45,000 $ 45,000 $ - $ 30,000 $ 30,000 Odaber 2012 9. Award construction contract for Phase 2 City coundl.resdulipn Apc14294 - Nawmb.-2,14 440114044 -11111 $ - $ 5,000 $ 5,000 February 2013 March 2013 10.improvements Construction for remaining project Notice efcompletion May 2014 dune-2014 December2014 $ 2,000,000 $ 200,000 1 2,200,000 $ 1,500,000 $ - $ 1,500,030 "i"ry1M11' April 2013 Tdai (o0ginaJ) 1 2,ocd too. $ 1,500,000 $ 3,500;000 Total (new) $..2,000;000 $ 8,000,000 _$ 8,000,000 3 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 3 TO THE SANDAG TRANSNET SMART GROWTH INCENTIVE PROGRAM GRANT AGREEMENT NO. 5001347 FOR THE 8TH STREET CORRIDOR SMART GROWTH REVITALIZATION PROJECT TO EXTEND THE TERMINATION DATE OF THE AGREEMENT FROM JUNE 30, 2014 TO DECEMBER 31, 2014 WHEREAS, on January 19, 2010, the City Council adopted Resolution No. 2010- 13 authorizing the Mayor to execute TransNet Smart Growth Incentive Program Grant Agreement No. 5001347 with SANDAG in the amount of $2 Million for the National City 8th Street Corridor Smart Growth Revitalization Project (the "Project"); and WHEREAS, the Project includes traffic calming and streetscape improvements along 8th Street from Harbor Drive to "D" Avenue to enhance safety and access for pedestrians, improve connectivity and walkability to the 8th Street Trolley Station, reduce vehicle speeds, and revitalize the corridor to encourage Smart Growth Redevelopment; and WHEREAS, a significant portion of the Project, which is funded by Rule 20A, involves undergrounding the overhead utilities on 8th Street between National City Boulevard and Highland Avenue; and WHEREAS, the Amendment No. 1 was approved on May 3, 2011, through the adoption of City Council Resolution No. 2011-95, to extend the project schedule by one year to accommodate final design and construction for the utility undergrounding portion of the Project; and WHEREAS, on February 7, 2012, the City Council adopted Resolution No. 2012- 39 approving Amendment No. 2 to the Grant Agreement to extend the termination date of the Agreement from February 28, 2013 to June 30, 2014 to accommodate: 1) changes to SDG&E's utility undergrounding base plans, 2) expansion of the project from "D" Avenue to Highland Avenue, and 3) expansion of the Project to include sewer replacement/upsizing; and WHEREAS, on May 2, 2014, the Regional Planning Committee approved a third project schedule amendment to the Grant Agreement (Amendment No. 3) extending the termination date of the Agreement from to June 30, 2014 to December 31, 2014 because of delays due to utility companies and necessary revisions to the contractor's construction phasing and traffic control plans. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 3 to the TransNet Smart Growth Incentive Program Grant Agreement No. 5001347 with SANDAG to amend the project schedule and extend the expiration date of the Project from June 30, 2014 to December 31, 2014 for the National City 8th Street Corridor Smart Growth Revitalization Project. (Signature Page to Follow] Resolution No. 2014 — June 3, 2014 Page Three PASSED and ADOPTED this 3rd day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 3, 2014 AGENDA ITEM NO. 7 EM TITLE: Resolution of the City Council of the City of National City approving and authorizing the Mayor to sign an Encroaching Permit and Agreement with Maria A. Quinonez for the installation and maintenance of a decorative block wall with iron fence elements inside the parkway and adjacent to the sidewalk along E. 5th Street and Highland Avenue at 739 E. 5►h Street, National City, CA 91950. PREPARED BY: Charles Nissley DEPARTMENT: PHONE: 619-336-4396 APPROVED BY: EXPLANATION: Maria A. Quinonez, the owner of the property located at 739 E. 5TH Street has constructed a wall which encroaches two feet (2') into the City reserved Right -of -Way (ROW) along E. 5TH Street and Highland Avenue. Ms. Quinonez was notified of the encroachment and directed to either remove the wall from the public ROW or enter into an Encroachment Permit and Agreement with the City. The wall was constructed to provide security for the commercial building and add aesthetic value to the property. The wall does not encroach into the sidewalk nor impede ADA access along the sidewalk. Due to the expense of the construction of the wall and the cost of its removal Ms. Quinonez has requested that the City enter into an Encroachment Permit and Agreement. Exhibits A and B provide a description and map of the encroachment area. A photo is also provided. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approved the Agreement. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Encroachment Permit and Agreement 2. Exhibit "A" and "B" 3. Photo 4. Resolution ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of National City hereby grants an Encroachment Permit to the undersigned, Q h ik a. l fi I 17 fin e 0. (hereinafter referred to as "OWNER"), in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. OWNER is the owner of that certain real property described in the attached Exhibit "A", or is an owner of personal property that is proposed to be installed in the public right-of-way or other public property of the City of National City, County of San Diego, State of California. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain certain personal property or a building, facility, or other structure (hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property, or right-of-way for the use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of OWNER'S encroachment is described in Exhibit "B", attached. FEE: $490.00 The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by. the City Engineer, the above described encroachment shall be abandoned, removed, or relocated by OWNER at the owner's sole expense. 2. The said encroachment shall be maintained in a s4fe and sanitary condition at all times at the sole cost, risk, and responsibility of OWNER and any successor in interest, who shall hold CITY harmless with respect thereto. 3. This Permit and Agreement, when made for the direct benefit of OWNER's land or property described above, and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at OWNER's sole cost and expense, which shall be a lien upon said land. A copy of this Encroachment Agreement shall be recorded against any real property of the owner's that is hereby benefited by the encroachment. Upon request by CITY, PERMITTEE shall record this Encroachment Agreement with the County of San Diego, County Recorder's Office, and upon recordation shall return the original to the CITY. 4. OWNER shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of Owner's entry upon and use of City's easement or right-of-way for the installation, maintenance, and use of the owner's encroachment. 5. OWNER and each successor in interest or assign shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Encroachment Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents, and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Encroachment Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this section. Should owner fail to do so, City may elect to obtain such coverage at OWNER'S expense or immediately terminate this Agreement. 6. The full terms and conditions under which this Encroachment Permit is issued are further set forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. The City reserves the right to charge the Owner "fair and reasonable" compensation for the use of CITY property retroactive to the date of construction or installation of the encroachment. b. The CITY can require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at owner's expense. 7. This encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. DATED: CITY OF NATIONAL CITY PERMITTEE: Ron Morrison, Mayor Entity/Company Signature k qi- ) 4 a ell 04 t; • Name & Title ek /71e2 ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: Person in Responsible harge 6 (°-7p_aog8 24/7 Phone Number Firm Name Mailing Address: ryo 171(04,4 d - /Yr¢Ti; (2 • PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B", ATTACHED 2 Encroachment Permit and Agreement (Commercial)) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT nee--^- ^ State of California County of `5C1 Y1 h l e9 On 3- 2 4• 2. O 1 4 before me, '..Lf Ve511 P YeK hd Dale T 4 % 1 6u.., T7a Name of Officer (erg., ai 1%Notary v Public') personally appeared SURESH R. PAREKH Commission # 1932494 Notary Public • California z San Diego County My Comm. Expires May 10, 2015 Name(s) of Signer(s) personally known to me OD proved to me on the basis of satisfactory evidence « D E L /C' * C04444''2 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in )/her/ter authorizg�d capacity(ies), and that by hie/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this /orm to another document. Peyr►�) /" C0,7 el Title or Type of Document klil &V 1 r Document Date: O 3 `.2 q ' 2- d %4 Description of Attached Document c veG C/ 1 Jr1,7eyi /- Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name:• ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT TH OF S JMHPRINT GNER Top of thumb here �:�✓=�✓:�✓:�✓:�.``!:\�!:�:�✓C��/:v✓:�:�✓:�✓<\'SG\'!:�✓:�✓:� i� i�✓i�i\�%:�:�:�:�5�✓:�✓ i�!i\✓:�✓:�✓L�✓S�✓:�3i`✓i�✓i\'%� 01999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.ory Proc. No. 5907 Reorder: Call Toll -Free 1-800-676-6927 coRL CERTIFICATE OF LIABILITY INSURANCE IN SR LTR C I D TE (MM/DD/YYV1) 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. iTHIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subj the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights certificate holder in lieu of such endorsement(s). PRODUCER David McClurg(995131M� 349 3rd Ave Chula Vista CA 91910-3929 INSURED QUINONEZ, MARIA 739 E 5TH ST NATIONAL CITY CA 91950 COVERAGES CERTIFICATE NUMBER: CONTACT NAME: PHONE 619-498-1660 PHONE E EMI• ADDRESS: dmcclurg@farmersagent com INSURER(S) AFFORDING COVERAGE INSURER A : Truck Insurance Exchange INSURER a : Farmers Insurance Exchange INSURER c : Mid Century Insurance Company INSURER D : FAX (A/C No): NAIC N 21709 21652 21687 INSURER E INSURER F THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDREVISION NUMBER: FOR THE EXCLUSIONS PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT POLICY CERTIFICATE MAY BE ISSUED OR MAY RESPECT TO WHICH THIS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER, POLICY JFrOT I I LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA LIAB EXCESS LIAB SCHEDULED AUTOS NON -OWNED AUTOS OCCUR CLAIMS -MADE ADOL INSR DED RETENT ON$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) K yes, describe under DESCRIPTION OF OPERATIONS below YIN NIA SUBR wvn POUCY NUMBER 605419424 POLICY EFF (MM/DDIYYYY) 11/14/2013 POLICY EXP (MMIDDIYYYYI 11/14/2014 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ANach ACORD 101, Additional Remarks Schedule, if more apace Is required) 739 E 5TH ST, NATIONAL. CITY, CA 91950 CERTIFICATE HOLDER LIMITS EACH OCCURRENCE - DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL 8 ADV INJURY:. GENERAL AGGREGATE PRODUCTS • COMP/OP AGG COMBINED SINLE LIMIT (Ea accident, BODILY INJURY (Pet person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE I TORY LIMITS I I ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE • POLICY LIMIT $ 500,000 $ 100,000 $ 5,000 $ .500,000 $ 1,000,000 $ 500,000 $ $ $ $ $ $ $ City of National City 1243 National City Blvd National City CA 91950 ACORD 25 (2010/05) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights resery The ACORD name and logo are registered marks of ACORD EXHIBIT A DESCRIPTION OF ENCROACHMENT A forty inch tall free standing steel reinforced split face Cement Masonry Unit (CMU) block wall, with 24 inch tall CMU pillars with cap stones constructed on top of the wall and spaced along the entire length of the wall with thirty inch tall decorative iron fencing sections mounted between the pillars providing a combined wall and fence height of seventy inches, with three iron gates, beginning at the rear of the property adjacent to the alley on East 5T" Street then running easterly along 5T" Street to Highland Avenue and then turning northerly continuing along Highland Avenue to the northerly property line. EXHIBIT B ENCROACHMENT AREA All that area of East 5T" Street and Highland Avenue in the City of National City, County of San Diego, State of California as shown in the map on file in the Office of the County Recorder of the County of San Diego further described follows: The Northerly two feet of the northerly half of East 5T" Street adjacent to the southerly line of Lot 11 of Block 4 of Floyds Subdivision according to the map thereof Map Number 2 filed in the Office of the County Recorder of the County of San Diego on April 25, 1881 together with the westerly two feet of the westerly half of Highland Avenue adjacent to the easterly lines of Lot 11 and the southerly half of Lot 12 of said Block 4. IV 1 2 3 4 I-- 5 6 7 8 9 4 10 40' PORTION FLOYD'S SUBDIVISION AP 2 20' 20' 20 19 18 17 I, ,X2 173 • 16 1 15 14 I i 1 SL4')Y OF LOT '12 ii . .,.- ...,.. - , i, t. . 5TH STREET 40' cD flNAV ONV1HS1H CD ENCRpACHMENT AREA RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND AGREEMENT WITH MARIA A. QUINONEZ FOR THE INSTALLATION AND MAINTENANCE OF A DECORATIVE BLOCK WALL WITH IRON FENCE ELEMENTS INSIDE THE PARKWAY AT 739 EAST 5TH STREET AND ADJACENT TO THE SIDEWALK ALONG EAST 5TH STREET AND HIGHLAND AVENUE WHEREAS, the owner of the property located at 739 East 5th Street constructed a wall to provide security for the commercial building and to enhance the aesthetic value of the property; and WHEREAS, the wall encroaches two feet (2') into the City reserved right-of-way along East 5th Street and Highland Avenue, but does not encroach into the sidewalk nor impede ADA access along the sidewalk; and WHEREAS, the owner was notified of the encroachment and directed to either remove the wall from the public right-of-way or enter into an Encroachment Permit and Agreement with the City; and WHEREAS, the property owner has submitted an Encroachment Permit and Agreement for the installation and maintenance of a decorative block wall with iron fence elements inside the parkway at 739 East 5th Street and adjacent to the sidewalk along East 5th Street and Highland Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and authorizes the Mayor to execute an Encroachment Permit and Agreement with Maria A. Quinonez, the owner of the property located at 739 East 5th Street, for the installation and maintenance of a decorative block wall with iron fence elements inside the parkway at 739 East 5th Street and adjacent to the sidewalk along East 5th Street and Highland Avenue. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 3, 2014 AGENDA ITEM NO. 8 TEM TITLE: vVarrant Register #45 for the period of 4/30/14 through 5/06/14 in the amount of $1,073,391.55. (Finance) PREPARED BY: K. Apalategui! DEPARTMENT: Finance PHONE: 1619-336-4331 APPROVED BY: ( e 4-6 EXPLANATION: ;Per Government Section Code 37208, attached are the warrants issued for the period of 4/30/14 through 5/06/14. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation San Diego Gas & Electric 312142 53,652.00 EC Constructors, Inc 312225 85,444.42 ''roject Professionals Corp 312254 80,392.80 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,073,391.55. Undergrounding Work 1726 Wilson Ave Aquatic Center Aquatic Center APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,073,391.55. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #45 1/3 WARRANT REGISTER # 45 5/6/2014 PAYEE DESCRIPTION CHK NO DATE AMOUNT BOARD OF EQUALIZATION SALES TAX LIABILITY JAN - MAR 2014 312092 4/30/14 1,728.00 SAN DIEGO GAS & ELECTRIC UNDERGROUNDING WORK 1726 WILSON AVE 312142 5/1/14 53,652.00 ACEDO, I RETIREE HEALTH BENEFITS / MAY 2014 312143 5/6/14 160.00 ALLEN, R RETIREE HEALTH BENEFITS / MAY 2014 312144 5/6/14 125.00 ANDERSON, E RETIREE HEALTH BENEFITS / MAY 2014 312145 5/6/14 110.00 BEARD, P RETIREE HEALTH BENEFITS / MAY 2014 312146 5/6/14 70.00 BECK, L RETIREE HEALTH BENEFITS / MAY 2014 312147 5/6/14 140.00 BISHOP, R RETIREE HEALTH BENEFITS / MAY 2014 312148 5/6/14 110.00 BOEGLER, C RETIREE HEALTH BENEFITS / MAY 2014 312149 5/6/14 260.00 BOYD, P RETIREE HEALTH BENEFITS / MAY 2014 312150 5/6/14 145.00 CONDON, D RETIREE HEALTH BENEFITS / MAY 2014 312151 5/6/14 280.00 CORPUZ, T RETIREE HEALTH BENEFITS / MAY 2014 312152 5/6/14 140.00 DANESHFAR, Z RETIREE HEALTH BENEFITS / MAY 2014 312153 5/6/14 250.00 DESROCHERS, P RETIREE HEALTH BENEFITS / MAY 2014 312154 5/6/14 110.00 DI CERCHIO, A RETIREE HEALTH BENEFITS / MAY 2014 312155 5/6/14 70.00 DREDGE, J RETIREE HEALTH BENEFITS / MAY 2014 312156 5/6/14 250.00 EISER III, G RETIREE HEALTH BENEFITS / MAY 2014 312157 5/6/14 250.00 FABINSKI, D RETIREE HEALTH BENEFITS / MAY 2014 312158 5/6/14 220.00 GELSKEY, K RETIREE HEALTH BENEFITS / MAY 2014 312159 5/6/14 115.00 BS JR, G RETIREE HEALTH BENEFITS / MAY 2014 312160 5/6/14 120.00 ,IDERT, M RETIREE HEALTH BENEFITS / MAY 2014 312161 5/6/14 350.00 HANSON, E RETIREE HEALTH BENEFITS / MAY 2014 312162 5/6/14 135.00 HAUG, S RETIREE HEALTH BENEFITS / MAY 2014 312163 5/6/14 120.00 HODGES, B RETIREE HEALTH BENEFITS / MAY 2014 312164 5/6/14 200.00 HONDO, E RETIREE HEALTH BENEFITS / MAY 2014 312165 5/6/14 110.00 J & S INVESTMENTS T&A REFUND # 90029. 34 EAST 17TH STREET 312166 5/6/14 1,500.00 JAMES, R RETIREE HEALTH BENEFITS / MAY 2014 312167 5/6/14 140.00 JUNIEL, R RETIREE HEALTH BENEFITS / MAY 2014 312168 5/6/14 50.00 KIMBLE, R RETIREE HEALTH BENEFITS / MAY 2014 312169 5/6/14 300.00 LANDA, A RETIREE HEALTH BENEFITS / MAY 2014 312170 5/6/14 155.00 LIMFUECO, M RETIREE HEALTH BENEFITS / MAY 2014 312171 5/6/14 160.00 MALDONADO, J RETIREE HEALTH BENEFITS / MAY 2014 312172 5/6/14 130.00 MARTIN, E T&A REFUND # 90036. 826 22ND STREET 312173 5/6/14 600.00 MATIENZO, M RETIREE HEALTH BENEFITS / MAY 2014 312174 5/6/14 100.00 MC CABE, T RETIREE HEALTH BENEFITS / MAY 2014 312175 5/6/14 280.00 MEDINA, R RETIREE HEALTH BENEFITS / MAY 2014 312176 5/6/14 105.00 MURRAY, J RETIREE HEALTH BENEFITS / MAY 2014 312177 5/6/14 150.00 MYERS, B RETIREE HEALTH BENEFITS / MAY 2014 312178 5/6/14 140.00 NOSAL, W RETIREMENT SETTLEMENT / MAY 2014 312179 5/6/14 1,217.74 NOTEWARE, D RETIREE HEALTH BENEFITS / MAY 2014 312180 5/6/14 120.00 OCHOA, I RETIREE HEALTH BENEFITS / MAY 2014 312181 5/6/14 125.00 PAUU JR, P RETIREE HEALTH BENEFITS / MAY 2014 312182 5/6/14 340.00 PEASE JR, D RETIREE HEALTH BENEFITS / MAY 2014 312183 5/6/14 140.00 PETERS, S RETIREE HEALTH BENEFITS / MAY 2014 312184 5/6/14 290.00 °r'ST, R RETIREE HEALTH BENEFITS / MAY 2014 312185 5/6/14 280.00 3-TER, C RETIREE HEALTH BENEFITS / MAY 2014 312186 5/6/14 150.00 _ .Y, S RETIREE HEALTH BENEFITS / MAY 2014 312187 5/6/14 190.00 RENAISSANCE PALM SPRINGS HOTEL CFED WEST 2014 CONFERENCE / FIRE 312188 5/6/14 1,247.38 ROARK, L RETIREE HEALTH BENEFITS / MAY 2014 312189 5/6/14 135.00 ROE, V RETIREE HEALTH BENEFITS / MAY 2014 312190 5/6/14 120.00 RUIZ, J RETIREE HEALTH BENEFITS / MAY 2014 312191 5/6/14 310.00 SERVATIUS, J RETIREE HEALTH BENEFITS / MAY 2014 312192 5/6/14 340.00 PAYEE SHORT, C SMITH, J STRASEN, W TIPTON, B TRIVIZ, R URIAS, N WHITE, J ZIETLOW, D BEST BEST & KRIEGER ATTNY LAW OPPER & VARCO LLP SDG&E AFLAC ALDEMCO BEST BEST & KRIEGER ATTNY LAW BEST BEST & KRIEGER ATTNY LAW BEST BEST & KRIEGER ATTNY LAW BIG 5 SPORTING GOODS BLACKIE'S TROPHIES AND AWARDS BOCKS AWARDS INC CALIFORNIA ELECTRIC SUPPLY CALIFORNIA WOMEN LEAD CHILDREN'S HOSPITAL CORPORATE PAYMENT SYSTEMS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CPCA DALEY & HEFT LLP DALEY & HEFT LLP DALLA, M DATA TICKET INC DAY WIRELESS SYSTEMS DELTA DENTAL INSURANCE CO EC CONSTRUCTORS, INC FERGUSON ENTERPRISES INC GLOCK PROFESSIONAL INC GRAINGER HARRIS & ASSOCIATES INC HEALTH & HUMAN HERNANDEZ, A HERNANDEZ, R IBARRA, G IRON MOUNTAIN JOHN DEERE LANDSCAPES KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS LADCO LASER SAVER INC LEARNSOFT CONSULTING INC LIFELINE TRAINING LTD MCDOUGAL LOVE ECKIS METRO AUTO PARTS DISTRIBUTOR NAPA AUTO PARTS WARRANT REGISTER # 45 5/6/2014 DESCRIPTION RETIREE HEALTH BENEFITS / MAY 2014 RETIREE HEALTH BENEFITS / MAY 2014 RETIREE HEALTH BENEFITS / MAY 2014 RETIREE HEALTH BENEFITS / MAY 2014 RETIREE HEALTH BENEFITS / MAY 2014 RETIREE HEALTH BENEFITS / MAY 2014 RETIREE HEALTH BENEFITS / MAY 2014 RETIREE HEALTH BENEFITS / MAY 2014 LEGAL / COMM YOUTH ATHETIC CENTER LEGAL / ED VLG / PARK VLG GAS AND ELECTRIC UTILITIES / S A AFLAC ACCT BDM36 APRIL 2014 FOOD / NUTRITION CENTER LEGAL/MAR 2014 PERSONNEL ISSUES LEGAL/LIABILITY CLAIM COSTS LEGAL/REGIONAL PERMIT PETITION INFLATING MATS SKU MOP 67727 METAL NAME TAG - P D LIFESAVING MEDAL MOP 45698 ELECTRICAL MATERIAL 17TH EMPOWERED WOMAN LEADERS CHILD ABUSE EXAMS FEB 2014/ P D CREDIT CARD EXPENSES - C M S D SHARE OF PARKING CITATION MAIL PROCESSING SVCS / NOV & DEC 2013 2014 LEGISLATIVE DAY LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS ICMA CONTRIBUTION REFUND CITATION PROCESSING / FEB 2014 / NSD RADIO MAINT SERVICE / APR-JUN 2014 / PD COBRA DENTAL INS MARCH 2014 AQUATIC CENTER MOP 45723 R&M BUILDINGS GLOCK ARMORER RECERTIFICATION MOP 65179 ELECTRICAL MATERIAL EL TOYON PARK MAY 2014 EMPLOYEE ASST PROGRAM PUBLIC SAFETY VOLUNTEERS REIMBURSEMENT / FIRE DEPARMTENT EXPENSES 312232 LEAD REFRESHER COURSE RECORDS MANAGEMENT & STORAGE MOP 69277 HORTICULTURAL ITEMS KAISER RETIREES INS COBRA MAR 2014 PROVIDING ONSITE COACHING LIABILITY CLAIM COSTS MOP 45725 CARTRIDGES - C CLERK LEARNSOFT INVOICE 148311 THE TACTICAL LEADER - P D LIABILITY CLAIM COSTS MOP 75943 AUTOMOTIVE PARTS MOP 45735 AUTOMOTIVE PARTS 2/3 CHK NO DATE AMOUNT 312193 5/6/14 300.00 312194 5/6/14 320.00 312195 5/6/14 135.00 312196 5/6/14 250.00 312197 5/6/14 135.00 312198 5/6/14 125.00 312199 5/6/14 230.00 312200 5/6/14 150.00 312201 5/6/14 9,282.20 312202 5/6/14 4,810.00 312203 5/6/14 22.10 312204 5/6/14 662.88 312205 5/6/14 2,102.61 312206 5/6/14 747.45 312207 5/6/14 71.40 312208 5/6/14 52.00 312209 5/6/14 669.43 312210 5/6/14 25.92 312211 5/6/14 187.92 312212 5/6/14 - - 312213 5/6/14 312214 5/6/14 1,oai.uu 312215 5/6/14 690.40 312216 5/6/14 16,675.75 312217 5/6/14 6,745.71 312218 5/6/14 140.00 312219 5/6/14 16,199.45 312220 5/6/14 4,281.07 312221 5/6/14 2,709.60 312222 5/6/14 12,964.21 312223 5/6/14 5,505.00 312224 5/6/14 71.94 312225 5/6/14 85,444.42 312226 5/6/14 107.04 312227 5/6/14 390.00 312228 5/6/14 148.87 312229 5/6/14 12,691.90 312230 5/6/14 741.06 312231 5/6/14 438.90 5/6/14 132.94 312233 5/6/14 175.00 312234 5/6/14 148.00 312235 5/6/14 660.22 312236 5/6/14 936.52 312237 5/6/14 400.00 312238 5/6/14 312239 5/6/14 , 312240 5/6/14 15,000.00 312241 5/6/14 149.00 312242 5/6/14 4,104.58 312243 5/6/14 555.49 312244 5/6/14 455.28 PAYEE NATIONAL CITY AUTO TRIM NATIONAL CITY TROPHY NINYO & MOORE OFFICE SOLUTIONS BUSINESS OLIVEWOOD GARDENS PERRY FORD PHONE SUPPLEMENTS POWERSTRIDE BATTERY CO INC PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RBF CONSULTING S & S WORLDWIDE INC S & S WORLDWIDE INC SAN DIEGO & IMPERIAL COUNTIES SMART & FINAL SMART SOURCE OF CA LLC STACK TRAFFIC CONSULTING INC STAPLES ADVANTAGE ,ARS 2GET SPECIALTY PRODUCTS THE LIGHTHOUSE INC BOWKER, T U S HEALTHWORKS VISION SERVICE PLAN (CA) SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 45 5/6/2014 DESCRIPTION MOP 72441 R&M AUTOMOTIVE MOP 66556 R&M BUILDINGS 8TH ST. IMPROVEMENT CHAIRS/ FINANCE CONFERENCE ROOM OLIVEWOOD GARDENS FIELD TRIP MOP 45703 R&M AUTOMOTIVE ENCORE PRO MONO NOISE MOP 67839 AUTOMOTIVE PARTS MOP 45707 BUILDING MATERIALS AQUATIC CENTER MOP 45742 LAUNDRY SERVICES 8TH ST. SAFETY ENHANCEMENT SPECTRUM DUAL TIMER SALE TAX 26TH ANNUAL LABOR AWARDS MOP 45756 MISC SUPPLIES - FIRE MOP 63845 OFFICE SUPPLIES - CM WILSON & HOOVER FIBER OPT MOP 45704 OFFICE SUPPLIES - P D TRAINING MANAGERS WORKSHOP SEMINAR REGISTRATION COSTS MOP 45726 AUTOMOTIVE PARTS REFUND OF PERMIT FEES MEDICAL SERVICES VISION SERVICE PLAN (CA) APR 2014 Start Date 4/30/2014 End Date 5/6/2014 GRAND TOTAL 3/3 CHK NO DATE AMOUNT 312245 5/6/14 209.45 312246 5/6/14 62.68 312247 5/6/14 6,243.50 312248 5/6/14 2,805.77 312249 5/6/14 500.00 312250 5/6/14 497.61 312251 5/6/14 798.22 312252 5/6/14 306.11 312253 5/6/14 21.75 312254 5/6/14 80,392.80 312255 5/6/14 221.63 312256 5/6/14 1,210.00 312257 5/6/14 125.93 312258 5/6/14 11.33 312259 5/6/14 150.00 312260 5/6/14 185.61 312261 5/6/14 285.60 312262 5/6/14 2,500.00 312263 5/6/14 154.58 312264 5/6/14 275.00 312265 5/6/14 175.00 312266 5/6/14 324.39 312267 5/6/14 4,631.06 312268 5/6/14 175.00 312269 5/6/14 215.23 NP Total 381,917.87 691,473.68 $ 1,073,391.55 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. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, 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 3RD OF JUNE, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 3, 2014 AGENDA ITEM NO. '9 ITEM TITLE: JVarrant Register #46 for the period of 5/07/14 through 5/13/14 in the amount of $2,010,644.80. (Finance) PREPARED BY: 'K Apalategui, DEPARTMENT: Financ PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 5/07/14 through 5/13/14. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation Dixieline Builders 312316 50,270.00 Professional Services EC Constructors, Inc 312319 194,922.70 1726 Wilson Avenue Health Net Inc 312329 57,650.58 Insurance R1192A May 2014 (aiser Foundation 312335 170,544.86 Insurance Active May 2014 !, FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $2,010,644.80. APPROVED: 1Finance APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,010,644.80. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #46 PAYEE SAN DIEGO GAS & ELECTRIC AMAZON BAKER & TAYLOR INTERSTATE BOOKS4SCHOOL JSTOR LAKESHORE LEARNING MATERIALS LEARNING EXPRESS MATRIX DEVELOPMENT LLC MIDWEST TAPE NEW READERS PRESS SCHOLASTIC LIBRARY PUBLISHING SPRINT STAPLES ADVANTAGE THE WARE GROUP XEROX CORPORATION CHRISTENSEN & SPATH LLP AFLAC AIRGAS WEST & COMPANY k COMPANY nmERICAN BACKFLOW SPECIALTIES AQCS ENVIRONMENTAL ARCO GASPRO PLUS B & H PHOTO & ELECTRONICS CORP BEVERIDGE BOOT WORLD BRIAN COX MECHANICAL INC BSN SPORTS CAPF CALIFORNIA COMMERCIAL SECURITY CALIFORNIA LAW ENFORCEMENT CHILDREN'S HOSPITAL CHRISTENSEN & SPATH LLP CITRIX SYSTEMS INC CLEAN HARBORS COOPER'S PLUMBING & HEATING COX COMMUNICATIONS CSMFQ DANIELS TIRE SERVICE DATA DEVICES INTERNATIONAL DAY WIRELESS SYSTEMS (20) DELTA DENTAL DELTA DENTAL INSURANCE CO '°ARTMENT OF TRANSPORTATION PT OF JUSTICE DIXIELINE BUILDERS DOOLEY ENTERPRISES E2 MANAGE TECH INC EC CONSTRUCTORS, INC. EMPLOYMENT DEVELOP DEPT 1/3 WARRANT REGISTER #46 5/13/2014 DESCRIPTION CHK NO DATE AMOUNT MORGAN TOWERS PROJECT 454760 312271 5/13/14 4,538.00 BOOKS - LIBRARY 312272 5/13/14 2,143.61 BOOKS - LIBRARY 312273 5/13/14 3,010.45 CHILDREN BOOKS - SAN DIEGO PADRES 312274 5/13/14 736.87 CALIFORNIA HISTORY PRINT AND ELECTRONIC 312275 5/13/14 144.72 CRAFT SUPPLIES / LIBRARY 312276 5/13/14 94.18 LEARNING EXPRESS LIBRARY ONLINE 312277 5/13/14 7,900.00 SUPPORT, TRAINING AND SOFTWARE UPDATES 312278 5/13/14 650.00 DVD'S AS NEEDED FOR FY 2014 312279 5/13/14 72.36 "NEWS FOR YOU" SUBSCRIPTION RENEWAL 312280 5/13/14 203.40 SCHOLASTIC ON-LINE RENEWAL FOR FY 2014 312281 5/13/14 2,675.00 VIDEO CONFERENCING, LONG DISTANCE 312282 5/13/14 11.59 MOP #45704 - SUPPLIES 312283 5/13/14 119.19 ONLINE HOSTING AND SUPPORT / LIBRARY 312284 5/13/14 325.00 XEROX BASE CHARGES AND OVERAGES 312285 5/13/14 273.66 LEGAL / MORGAN SQUARE 312286 5/13/14 2,854.65 ACCT BDM36 MAY 2014 312287 5/13/14 704.10 MOP 45714 SMALL TOOLS 312288 5/13/14 237.60 1ST INSTALLMENT ANNUAL CLAIMS 312289 5/13/14 3,400.00 2ND INSTALLMENT ANNUAL CLAIMS 312290 5/13/14 3,400.00 PURCHASE OF BACKFLOWS, GAUGES, PARTS 312291 5/13/14 1,250.37 CONSULTING SERVICES, HAZARDOUS MATERIAL 312292 5/13/14 1,308.00 FUEL FOR CITY FLEET AS NEEDED FY 2014 312293 5/13/14 41,922.30 NIKON VR LENS, BLK 312294 5/13/14 2,484.75 ED REIMBURSEMENT 312295 5/13/14 75.00 MOP 64096 / SAFETY BOOTS / NSD 312296 5/13/14 116.62 CITY-WIDE HVAC FY 2014 312297 5/13/14 159.00 30" STANDARD HOOPS, FLOOR TAPE / PW 312298 5/13/14 489.60 FIRE LTD MAY 2014 312299 5/13/14 624.00 CITY-WIDE ELECTRONIC DOOR REPAIRS 312300 5/13/14 3,053.65 PD LTD MAY 2014 312301 5/13/14 1,960.00 CHILD ABUSE EXAMS 312302 5/13/14 1,323.00 LEGAL / SECTION 8 WRIT - NAVAR 312303 5/13/14 10,910.70 PD CITRIX LICENSE RENEWAL 312304 5/13/14 750.00 HAZARDOUS WSTE PICKUP FOR FISCAL YEAR 312305 5/13/14 632.50 CITY-WIDE BACKFLOW TESTING 312306 5/13/14 1,155.59 COX COMMUNICATIONS DATA FY14 312307 5/13/14 108.84 ANNUAL MEMBERSHIP 312308 5/13/14 110.00 MOP 76986 TIRES 312309 5/13/14 958.81 PCLE MEMORY CARD READER 312310 5/13/14 8,801.75 COMMUNICATIONS EQUIP SVC / APR 2014 312311 5/13/14 1,681.50 DENTAL INS PREMIER MAY 2014 312312 5/13/14 14,346.74 PMI DENTAL INS MAY 2014 312313 5/13/14 3,026.76 HIGHWAY LIGHTING FY 2014 312314 5/13/14 6,452.28 INVESTIGATIVE SERVICES 312315 5/13/14 646.00 PROFESSIONAL SVCS 312316 5/13/14 50,270.00 12 GA. 9 PELLETS 00 BUCK, LOW RECOIL 312317 5/13/14 1,818.10 WITOD 312318 5/13/14 6,577,50 1726 WILSON AVENUE 312319 5/13/14 194,922.70 UNEMPLOYMENT INSURANCE 1/1/14-3/31/14 312320 5/13/14 6,195.00 PAYEE FEDEX FERGUSON ENTERPRISES INC GOODYEAR TIRE & RUBBER COMPANY GRAINGER GREEN MECHANICAL CONTRACTORS HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HINDERLITER DE LLAMAS & ASSOC HUNTER'S NURSERY INC HYDRO SCAPE PRODUCTS INC JJJ ENTERPRISES JOHN DEERE LANDSCAPES KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KNOX ATTORNEY SERVICE INC KONE L C ACTION LAND USE NAVIGATORS LASER SAVER INC LOPEZ, T MALLORY SAFETY & SUPPLY LLC MARCHANTE, A METRO AUTO PARTS DISTRIBUTOR MOTOROLA CREDIT CORP NAPA AUTO PARTS NATIONAL CITY CAR WASH NATIONAL CITY CHAMBER OF NEXUS INTEGRATED SOLUTIONS ORIENTAL. TRADING CO INC PARTNERSHIP FOR A BETTER PERRY FORD PRO BUILD PRUDENTIAL OVERALL SUPPLY QUIROGA, R RED SEA ENTERPRISES ROAD ONE TOWING ROGUE FITNESS RON BAKER CHEVROLET RUSS' BEE REMOVAL SAFRAN MORPHOTRUST SAN DIEGO PET & LAB SUPPLY SDG&E SMART & FINAL SOUTHERN CALIF TRUCK STOP SPARKLETTS STAPLES ADVANTAGE WARRANT REGISTER #46 5/13/2014 DESCRIPTION MAILING SERVICES / MIS MOP 45723 SEWER MATERIAL MOP 72654 TIRES MOP 65179 ELECTRICAL MATERIAL CITY-WIDE HVAC REPAIRS, REPLACEMENT FULL NETWORK 57135A MAY 2014 INS MAY 2014 N5992F, 57135J INSURANCE N5992A MAY 2014 INSURANCE R1192A MAY 2014 SALES TAX 1ST QTR, AUDIT SVCS MOP 45719 HORITCULTURAL ITEMS MOP 45720 VALVES & FITTINGS CITY-WIDE SECURITY/FIRE ALARM MOP 69277 PLANTING MATERIALS INSURANCE ACTIVE MAY 2014 RETIREES INS MAY 2014 RETIREES INS MAY 2014 H S A INS MAY 2014, GRP #104220-0005 DELIVERY TO A PRATER CITY-WIDE ELEVATOR MAINTENANCE/REPAIRS GLOCK G22 GEN 4 GNS WITH NIGHTSIGHTS TRAINING -THE SUBDIVISION MAP ACT MOP 45725 INK CARTRIDGES - S8 TRANSLATION SERVICES FOR FY 2014 LAB SUPPLIES RFQ #1140 / POLICE REIMBURSEMENT FOR OFFICE SUPPLIES MOP 75943 AUTOMOTIVE PARTS MOTOROLA MDC SUPPORT MOP 45735 AUTOMOTIVE PARTS CAR WASHES FOR CITY FLEET FY 2014 COMMUNITY ENHANCEMENT JAN - JUN 2014 71230/72666/72671/72654 PHONE MOVES 3- GRAD TASSEL KEY CHAIN 16TH ANNUAL BREAKFAST R&M CITY VEHICLES AS NEEDED MOP 45707 PLUMBING MATERIALS MOP 45742 LAUNDRY CLEANING REIMB - CAININE LIABILITY 360 VALUE ROUND PENCIL, STRESS RELIEVER MOP 75948 R&M AUTOMOTIVE ROGUE R3 POWER RACK SKU#RF0217 MOP 45751 R&M AUTOMOTIVE BEE REMOVAL FROM CITY PROPERTY FINGERPRINT TEST SUBMISSION MARCH 2014 MOP 45753 K9 FOOD FACILITIES DIVISION GAS & ELECTRIC MOP 45756 MISC SUPPLIES - MAYOR MOP 45756 GAS, OIL, LUBRICANTS WATER / MYR MOP 45704 OFFICE SUPPLIES - S8 CHK NO DATE 312321 5/13/14 312322 5/13/14 312323 5/13/14 312324 5/13/14 312325 5/13/14 312326 5/13/14 312327 5/13/14 312328 5/13/14 312329 5/13/14 312330 5/13/14 312331 5/13/14 312332 5/13/14 312333 5/13/14 312334 5/13/14 312335 5/13/14 312336 5/13/14 312337 5/13/14 312338 5/13/14 312339 5/13/14 312340 5/13/14 312341 5/13/14 312342 5/13/14 312343 5/13/14 312344 5/13/14. 312345 5/13/14 312346 5/13/14 312347 5/13/14 312348 5/13/14 312349 5/13/14 312350 5/13/14 312351 5/13/14 312352 5/13/14 312353 5/13/14 312354 5/13/14 312355 5/13/14 312356 5/13/14 312357 5/13/14 312358 5/13/14 312359 5/13/14 312360 5/13/14 312361 5/13/14 312362 5/13/14 312363 5/13/14 312364 5/13/14 312365 5/13/14 312366 5/13/14 312367 5/13/14 312368 5/13/14 312369 5/13/14 312370 5/13/14 2/3 AMOUNT 38.17 481.73 431.10 345.50 575.00 5,153.90 1,528.85 525.07 57,650.58 3,952.60 1,386.62 138.82 980.00 1,487.19 170,544.86 20,190.99 11,639.60 2,964.27 10 12 350.00 478.13 140.00 1,780.21 182.94 230.70 27,660.00 85.15 515.00 22,500.00 5,450.59 206.44 50.00 6,224.16 1,776.26 664.20 92.72 999.40 90.00 1,514.04 88.41 275.00 2s, ioo.oC 110.9: 27.4: 170.4I PAYEE STEWART TITLE OF CALIFORNIA SUPERIOR READY MIX SWRCB TACTICAL DEFENSE SURVIVAL LLC THE CENTRE FOR ORGANIZATION THE LINCOLN NATIONAL LIFE INS THOMSON REUTERS BARCLAYS T-MAN TRAFFIC SUPPLY TOPECO PRODUCTS TORREY PINES BANK TORREY PINES BANK U S BANK U S BANK UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL YBARRA, A WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 10 4/15/2014 WARRANTREGISTER1146 5/13/2014 DESCRIPTION PRFESSIONAL SERVICES TACK OIL, 3/8 SHEET & COLDMIX ASPHALTS ANNUAL FEE 8TH STREET A -ZOOM SNAP CAPS TRAINING SESSIONS LIFE & AD&D, STD, LTD INS MAY 2014 ANNUAL RENEWAL MOP 76666 TRAFFIC CONTROL MOP 63849 AUTOMOTIVE PARTS 1726 WILSON AVENUE AQUATIC CENTER CREDIT CARD EXP - PD CREDIT CARD EXP - FIRE MOP 62683 AUTOMOTIVE PARTS MOP 46453 PLUMBING MATERIAL MISCELLANEOUS JANITORIAL SUPPLIES MOP 63850 AUTOMOTIVE PARTS REIMBURSEMENT -EDUCATIONAL SERVICE PERIOD 4/15/14 - 4/28/14 End Date 4/28/2014 Check Date 5/7/2014 GRAND TOTAL 3/3 CHK NO DATE AMOUNT 312371 5/13/14 500.00 312372 5/13/14 178.42 312373 5/13/14 1,172.00 312374 5/13/14 163.40 312375 5/13/14 4,800.00 312376 5/13/14 9,069.73 312377 5/13/14 160.00 312378 5/13/14 1,477.83 312379 5/13/14 16.54 312380 5/13/14 10,262.77 312381 5/13/14 4,497.08 312382 5/13/14 1,221.43 312383 5/13/14 307.14 312384 5/13/14 727.36 312385 5/13/14 1,976.35 312386 5/13/14 95.00 312387 5/13/14 522.17 312388 5/13/14 95.00 AR Total 845,978.98 5082014 5/8/14 299,169.50 865,496.32 $ 2,010,644.80 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. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, 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 3RD OF JUNE, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 3, 2014 AGENDA ITEM Na 10 TEM TITLE: Public hearing confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2014/15. PREPARED BY: Raymond Pe, Principal Planner josDEPARTMENT: Plate PHONE: !336-4421 APPROVED BY* g Di ision EXPLANATION: On May 20, 2014, the City Council declared its intention to conduct a public hearing concerning the levy of assessments for Landscape Maintenance District No. 1 (Mile of Cars). At the May 20, 2014 meeting, the City Council initiated the proceedings for said levy and collection of assessments and approved the Annual Report ("Engineer's Report"), which identifies the assessment to be levied and collected and describes the work program to be conducted by the Mile of Cars Landscape Maintenance District. This public hearing is to receive any public comments about the levy and collection of these assessments for Fiscal Year 2014/15. A public hearing will be called for June 3, 2014 at 6:00 p.m. in the City Council Chambers to hear public comment on the proposed levy of assessments for Fiscal Year 2014/15. FINANCIAL STATEMENT: Not Applicable. ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Regulations, Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Conduct the public hearing. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: ?014/15 Engineer's Report (Annual Report) ONBS helping communities fund tomorrow City of National City Landscape Maintenance District No. 1 (Mile of Cars) Engineer's Report Fiscal Year 2014/15 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Fax: 951.296.1998 Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 Fax: 415.391.8439 1 CITY OF NATIONAL CITY LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) 1243 National City Boulevard National City, CA 91950 Phone - (619) 336-4241 Fax - (619) 336-4239 Ron Morrison, Mayor Luis Natividad, Vice Mayor Jerry Cano, Councilmember Mona Rios, Councilmember Alejandra Sotelo-Solis, Councilmember AGENCY STAFF Leslie Deese, City Manager Brad Raulston, Executive Director Ray Pe, Principal Planner DISTRICT STAFF Weldon Donaldson, Executive Director NBS Pablo Perez, Project Director Brian Thomas, Assessment Engineer Brian Brown, Senior Consultant Reena Arvizu, Financial Analyst 2 TABLE OF CONTENTS 1. ENGINEER'S LETTER 1-1 2. OVERVIEW 2-1 2.1 Introduction 2-1 2.2 Description of the District Boundaries 2-1 2.3 Description of Improvements 2-1 2.4 Description of Maintenance 2-2 3. ESTIMATE OF COSTS 3-1 4. ASSESSMENT DIAGRAM 4-1 5. ASSESSMENTS 5-1 5.1 Method of Apportionment 5-1 5.2 Assessment Roll 5-5 3 1. ENGINEER'S LETTER WHEREAS, the City Council of the City of National City (the "City"), State of California, directed NBS Govemment Finance Group, DBA NBS ("NBS") to prepare and file a report presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the Citys Landscape Maintenance District No. 1 (Mile of Cars) (the "District") for Fiscal Year 2014/15. The report includes a diagram for the District, showing the area and properties proposed to be assessed, an assessment of the estimated costs of the maintenance, operations and servicing the improvements, and the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received and; WHEREAS, the assessment for each parcel is in compliance with the Proposition 218 Omnibus Implementation Act and Section 4 of Article XIII D of the California Constitution. The proposed assessment is not proposed to increase by more than the 10% annual increase approved at formation of the District over the Fiscal Year 2013/14 assessment. NOW THEREFORE, only special benefits are assessed and any general benefits have been separated from the special benefits for purposes of this report. The following assessment is made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: SUMMARY OF ASSESSMENT District Fiscal Year 2014115 Actual Assessment Landscape Maintenance District No. 1 (Mile of Cars) $136,659.76 I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the assessments herein have been prepared and computed in accordance with the assessment methodology adopted and approved by the City Council at the time of district formation. Brian Thomas, Assessment Engineer City of National City — Landscape Maintenance District No. 1 (Mile of Cars) Prepared by NBS — Fiscal Year 2014115 1-1 4 2. OVERVIEW 2.1 Introduction The City formed the District to provide maintenance services to benefit certain parcels in the City. The District was formed in 1995 and the levies are made pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highway Code (the "Act"). The 2014/15 Engineer's Report (the "Report") describes the District and the annual assessment per parcel for Fiscal Year 2014/15 which is based on the historical and estimated costs to maintain the improvements and provide the services that benefit parcels within the District. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number by the San Diego County Assessor's Office. The San Diego County Auditor -Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify on the tax roll, properties assessed for special district benefit assessments. Following consideration of public comments at a noticed public hearing, and following review of the Report, the City Council may confirm the Report as submitted, and may order the levy and collection of assessments for Fiscal Year 2014/15. If approved, the assessment information shall be submitted to the County Auditor -Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2014/15. 2.2 Description of the District Boundaries The District's improvements are generally located along National City Boulevard and bounded by 18th Street to the north and 33rd Street and State Route 54 (SR 54) to the south. 2.3 Description of Improvements A general description of the improvements to be maintained under these proceedings is described as follows but shall not be limited to: 1. Median Improvements • Landscape planting and irrigation • Colored concrete hardscape • Lighting system • Graphic panels, banners and signage • Painted crosswalks • Identification sign at 23`d Street and McKinley Avenue 2. Frontage Improvements • Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street • Landscape planting and irrigation • Colored concrete sidewalks and mow curbs • Street furniture City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 2-1 Prepared by NBS — Fiscal Year 2014/15 5 2.4 Description of Maintenance The maintenance of the improvements shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including but shall not be limited to: 1. General Plant Maintenance • Mowing, trimming, pruning and weeding • Watering, including water usage • Fertilizing • Plant replacement • Periodic skinning of palm trees 2. Maintenance of Irrigation System • Adjustment of timers • Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic restriping of decorative crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment 6. Maintenance of electrical system • Bulb replacement • Repair/replacement of worn out or malfunctioning equipment • Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 2-2 Prepared by NBS — Fiscal Year 2014/15 6 3. ESTIMATE OF COSTS The cost of servicing, maintaining, repairing and replacing the improvements as described in the Description of Maintenance are summarized in the table below. Estimated expenditures are shown along with the incidental expenses to be funded by the District. It is the intent of the District to establish a Reserve Fund for the District which shall not exceed the estimated costs of maintenance and servicing until December of each fiscal year, or whenever the District expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The following table summarizes the components that make up the Fiscal Year 2014/15 estimate of costs for the District: Description Maintenance Costs 1. Lawn planting care 2. Median planting care 3. Palm tree maintenance 4. Water usage 5. Refurbishment of graphic panels 6. General maintenance of electrical system/lights 7. Electrical usage 8. Refurbishment of decorative crosswalks 9. Reserves Total Cost of Annual Maintenance: Incidental Expenses A. Administration B. Advertising C. Other Contractual Obligations D. Engineering E City Expenses F. Consultant Fees G. County Collection Fees Total Incidentals: Total Estimated Annual Cost: (Less) General Benefit Contribution(2): Median Frontage Improvements(1) Improvements(1) Total(1) $0.00 20,556.06 4,095.00 13,042.39 15,000.00 3,046.11 7,579.64 2,000.00 5,600.00 $70,919.19 $3,600.00 203.00 0.00 250.00 500.00 1,913.47 2.30 $6,468.77 $77,387.96 ($5,886.251 $41,371.29 $41,371.29 0.00 20,556.06 4,095.00 8,190.00 13,042.39 26,084.78 0.00 15,000.00 0.00 3,046.11 0.00 7,579.64 2,000.00 4,000.00 5.600.00 11.200.00 $66,108.66 $137,027.87 $3,600.00 $7,200.00 203.00 406.00 0.00 0.00 250.00 500.00 500.00 1,000.00 1,913.47 3,826.93 2.30 4.60 $6,468.77 $12,937.53 $72,577.44 $149,965.40 06,419.15) 1813.305.41) TOTAL ANNUAL ASSESSMENT FOR THE DISTRICT(3): $70,501.71 $66,158.29 $136,660.00 (1) Allow for minor rounding errors. (2) General benefit contribution will be funded from other sources and is not being paid from annual assessments. (3) Does not include any rounding adjustments. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 3-1 Prepared by NBS — Fiscal Year 2014/15 7 4. ASSESSMENT DIAGRAM The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor's Map applicable for the next fiscal year, which map shall govern for all details conceming the lines and dimensions of such lots or parcels. The following pages provide a copy of the Assessment Diagram for the District. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 4-1 Prepared by NBS — Fiscal Year 2014/15 8 b FEED IN TIC MICE Or on arc CURS CF 71E are OF NATIONAL OTT TIIS_DAY CFI IIC. CM CLERK air a NATIOMM. OTY STATE CF CAAIORRA REGaROET M THE °MCC CF TIN AFFANIOKIEM CF MEETS OF WE are oF NATIMIAL art TITS -DAY OF PoN. MIPEIIINEROOIM bF OMEN Oar or NMTONM. CRT STAR Or CAORRNA AN Ammon MMS EfEMEO Or ME era C11IOR. DN TE LO15, FEs AND PARCELS 'NASOF WV MOM a1 11115 OM �F T TIER WO mamma AA11ANlLNFDPoe 11E ASSE47ENf Sal INC ROOMS M THE OFFICE tE 114E 31AEINSTENDOIT OF STREETS OF SAD OIr ON IIE____AAY or_ 19SE. REFINH E IS MME 10 114E Assam/Err Ral MORINO M THE O0NDE OF TE 1DF0111010011 OF 310EE15 FOR THE EXACT MEWS OF EACH ASSWAENT LORD AOANET EACH PARCEL OP I.MIO *0111 ON MOS ASSESSMENT 01AOUM, OINK a0TY OF IMMIX OTT SEAR or CMJ4011A 5510 MS DAY OF tem. AT THE 1111 DF_DCLOOI _.IL IM soot -....-DTI MAPS OF Ai'E99Ma/T MID CMMMTY FM3111R3 DISTRICT! M ME 0MU OF 114C COMM RECORDER Or THE COMM OF SAN COMM FINONIat COMM OF SAN DIECO STATE OF GEROITIIA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO.1(MLE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA Itr i1 O DTM_xIt-.e MAMMAL CRT BOULEVA 110.7W-03 IOW DED-00E-04 1I0' 510-S03-03 O SHEET 1 OF 3 SHEETS ( REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 8-09"03 REVISED 5-26-04 EK7 ar miser10ARY 1a ON CORMS COUNTY CAM AS SSOR'S MAPSASED SI OMI 11=�REaTO IN[ ME 1 roar REFER TO ASSESSORS PAIK3L MANS Fal PROPERTY ODENSONS NOT 910RN. NASLAND ENGINEERING M e 11*e °Aw Mop, 115MM..:,M.., NOTE, ORIGINAL SHEET SIZE18'x N.E, JOB No. 105-148 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MLE OF CARS) OOo•330-03 ter NATIONAL CRY BOI1EYN j L cm' OF NATIONAL CITY COUNTY OF SAN DEGO STATE OF CALIFORNIA 1011 0 792-021-OI 1.0 TRAMIPOITATION AVENUE 0 A7-0]1_ry Ir7 NATIONAL CR7 SHEET 2 OF 3 SHEETS 9.}-f00.13 13i BOULEVARD [rhea R IOu1NDE17N UP Omer Hem 8-1-97 REVISED 8-19-02 REVISED 6-09-03 o no0 on no NASLAND ENGINEERING ,t0 . Mn M M t.a..t . R111 •90.21E-AI! r f7rt rre r�I�r Mssi 4 OW UPON inp NOTE: OR SHEET 1312 26' N.E. JC 105-148 r AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CRY l 007.1110-07 300. >ir-1eo-u O F2 0 ,12-180-a off x2-HO-os IC: 302-100-13 iniMPORTATICIPI MENUS E L OOUVTY OF SAN DIEGO STATE OF CALFORMA N O MN. CR1/ 80U.EYND cxlovor le9MOAw Or WIWI' PErric"`w trtr u�' i SHEET 3 OF 3 SHEETS REVISED 8-1-98 REVIS 6-V-97 REVISED 8-19-02 REVISED 8-09-03 REVISED 5-26-04 ...1� ir�rrr '7VJ NASLAND ENGINEERING NOTEt ORIGINAL SHEET SIZE 18'x26' N.E.JOS No. 105-148 5. ASSESSMENTS The actual assessments for Fiscal Year 2014/15, apportioned to each parcel as shown on the latest equalized roll at the County Assessor's office, are listed and submitted as Section 5.2 of this Report. The description of each lot or parcel is part of the records of the County Assessor of the County of San Diego and such records are, by reference, made part of this Report. 5.1 Method of Apportionment The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the Act, must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings, The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. IDENTIFY THE BENEFIT First, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. The District's improvements and services provide benefits to both those properties within the District boundaries and to the community. The benefit conferred to property within the District will be referred to as an "aesthetic benefit." The aesthetic benefit provided by the district improvements and services are supported by the City's General Plan (the "Plan") and its Citywide Goals and Policies regarding Land Use and Community Character for its districts. The Plan states a desire to, "have the community character integrated and to ensure that physical forms, patterns, and aesthetic features advance the City's desire for a higher quality of life." The aesthetic benefits provided by the improvements and services support the following City policies outlined in the Plan: • Policy LU-5.3: Recognize the diverse needs of the City's business districts through the development of policies, design guidelines, and implementation measures specific to the unique requirements of each district. • Policy LU-5.4: Allow for adaptive reuse of vacant car dealerships and the establishment of new compatible uses along the Mile of Cars. • Policy LU-5.9: Encourage members of the business community to participate in implementing actions to improve business districts. • Policy LU-5.10: Assist the business community in evaluating National City's marketing and development potential and in identifying development strategies that are beneficial to the public and private sectors. • Policy LU-9.1: Design developments along mixed -use and "community corridors" for the comfort and enjoyment of pedestrians and bicyclists. This includes features such as street trees, placing buildings close to the street, de-emphasizing parking lots and garages, limited driveway cuts, traffic -calming features, clearly defined street crossings, adequate lighting, and street furnishings where appropriate. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 5-1 Prepared by NBS — Fiscal Year 2014/15 12 • Policy LU-9.4: Encourage an overall high quality streetscape design, where feasible, that promotes narrow roadways, bike lanes; on -street parking, minimal curb cuts; enhanced crosswalks; appropriate sidewalk widths, landscaped medians and parkways; street trees, planters, and wells; street lighting; street furniture; way finding; enhanced paving; public art; and other features that contribute to the desired character for National City, where appropriate. • Policy LU-11.2: Identify gateways at major entrances to the City using such features as buildings, street trees, welcome signs, decorative lighting, archways, and other design techniques to announce the gateway. • Policy LU-11.4: Recognize, maintain, and enhance the character and identity of residential neighborhoods and business districts. • Policy LU-11.7: Encourage residential and businesses to clean and maintain their properties and public spaces to further a sense of ownership and community pride. • Policy LU-11.8: Require the sensitive placement, screening, and/or treatment of utility meters, boxes, valves, vaults, switches, plumbing, wiring, fences, etc. to eliminate or minimize the aesthetic impact to the neighborhood. • Policy LU-11.9: Encourage the improvement of existing signage to help promote a more attractive street scene in business districts. The Plan states these policies are important because a positive community image and quality community design instills a sense of pride and well-being in the community. The aesthetic benefit attained as a result of the services and improvements provided by the District is detailed below. Aesthetic Benefit The aesthetic benefit relates to an improvement in the District's visual appearance as a result of the District improvements and services. The beautification of property within the District can best be described as the ability for the property within the District to develop and operate at the property's highest and best use. Properties within the District receive the following aesthetic benefits as a result of the District's improvements and services: • Uniform and up to date streetscape and median and frontage improvements create cohesion throughout the District from 18th Street to SR 54. This District cohesion enhances the experience for all stakeholders. • The improvements and services enhance the community identity of the Mile of Cars area, which will lead to a stronger and healthier street corridor. The image of the Mile of Cars area is improved by maintaining the median and frontage improvements. • The District revitalizes and beautifies the Mile of Cars area. This revitalization encourages new business development and existing business retention and expansion which overall reduces vacancies and increases lease rates for property, more specifically, the auto dealerships located within the District. • The streetscape improvements encourage an increase in activity throughout the District. The Mile of Cars area becomes more pedestrian -friendly, thus improving activity for residents and businesses alike. • Upgraded median and frontage amenities provided by the District enhance the appearance, desirability, and experience of the properties directly fronting the improvements provided throughout the District. The streetscape improvements add aesthetic value to property adjacent to the improvements, but the improvements also make the property appear more stable and prosperous. The aesthetic benefit received by properties within the District assists each property in developing and operating at its highest and best use. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 5-2 Prepared by NBS — Fiscal Year 2014/15 13 Separation of General Benefit Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must then "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. General benefit is an overall and similar benefit to the public at large resulting from the improvements and services to be provided. The District improvements and maintenance services, which are more fully presented in Section 2 of this Report, will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries. The District provides aesthetic benefits to the properties within the District. However, it is recognized that the District also provides a level of benefit to some property and businesses within close proximity to the District, as well as visitors and individuals passing through the District. Vehicular and pedestrian traffic from property within and outside of the District, as well as individuals passing through the Mile of Cars area will be able to enjoy the improvements and maintenance services. Therefore, it is necessary to quantify the general benefits created as a result of the District improvements and services. Quantification of General Benefit As previously mentioned, general benefit is an overall and similar benefit to the public at large resulting from the improvements and services which are funded by the assessment revenue. The District improvements and maintenance services will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries. General benefits accrue to individuals "walking through" the District and to vehicles "passing through" the District. Individuals walking through the District are typically people who live in dose proximity and whose origin or destination neither begins with nor ends at a parcel within the District. Any walking that begins with or ends at a parcel within the District are considered part of the special benefit for those parcels within the boundaries of the District. Vehicles passing through the District are those vehicles whose origin or destination neither begins with nor ends at a parcel within the District. Any vehicle trips that begin with or end at a parcel within the District are considered part of the special benefit for those parcels within the boundaries of the District. For the purposes of this analysis, it was determined that the general benefit quantification should be focused on vehicle trips passing through the District because National City Boulevard is a major thoroughfare which connects and provides access to SR 54. To quantify and separate the amount of general benefit received by the general population as a result of the improvements and services provided by the assessment revenue, it has been determined that general benefits accrue mainly to vehicles "passing through" the District. Meaning, any vehicle using the City's streets that lie within the boundaries of the District that is coming or going to a parcel within the District ultimately is not part of the "general public" benefitting from the proposed improvements and services. Accordingly, the separation of general benefits from special benefits will be measured by that estimated portion of vehicle trips "passing through" the District. In order to determine the estimated portion of the vehicle trips "passing through" the District, trip generation data was collected for each parcel within the boundaries of the District using San Diego County assigned land use codes and property characteristics. Each land use code was categorized and located in the ITE Trip Generation Manuals — 2nd Edition. Using the property characteristics and data gathered from the ITE Trip Generation Manuals, the estimated amount of Average Daily Trips City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 5-3 Prepared by NBS — Fiscal Year 2014/15 14 (ADT) was calculated for each parcel within the boundaries of the District. The ADT were then added together for each parcel residing within the boundaries of the District to arrive at a total amount of vehicle trips generated by the District which equaled 13,385 ADT. The total average vehicle trips were then compared to the average vehicle trip generation data detailed in the City of National City Comprehensive Land Use Update (Transportation and Circulation) for the streets running through the District which equaled 14,825 ADT. The comparison concluded that 90.29% of all vehicle trips passing through the District were coming or going to a parcel within the boundaries of the District, hence 90.29% of all vehicle trips passing through the District are designated as benefiting from the special benefits provided by the District. Consequently, 9.71 % of all vehicle trips passing through the District are general in nature and hence, do not receive any special benefit from the District. Therefore, 9.71% of the benefits of the services are considered general benefit. Accordingly, 90.29% of the benefit from the improvements and services are considered to provide special benefit to the properties within the District and thus are subject to the assessment. APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was made and several factors are being used in the final method and spread of assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. Lineal frontage was assigned as the assessment variable by the assessment engineer because all of the special aesthetic benefits received by properties within the District from the improvements and services provided, using revenues from the annual assessment levy, can be quantified best by identifying the lineal frontage of the property along National City Boulevard. Lineal frontage is a tangible property characteristic that clearly ties the aesthetic benefits received by parcels within the District based upon the amount of frontage of each property, which is where the aesthetic benefit is to be received and realized. The improvements and maintenance services being provided to and enjoyed by the parcels within the District provide an aesthetic benefit not provided to any parcels outside of the District boundaries. The annual assessment is based upon a parcel's lineal frontage unless otherwise identified by the original assessment engineer, as previously approved by property owners at the formation of the District. There are generally two categories of improvements to be maintained by the District — the median improvements and the frontage improvements. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: Median Improvements 1. The total cost for maintenance of the Median Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard. 2. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard, but receives some benefit from median improvements and maintenance services benefiting properties within the boundaries of the District. As a result, the original assessment engineer determined that the City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 5-4 Prepared by NBS — Fiscal Year 2014/15 15 parcel received a lower level of benefit and therefore assigned 100 frontage feet of benefit to the parcel. Frontage Improvements 3. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard. 4. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard. As such, Parcel 32 receives no benefit from the frontage improvements. 5. The frontage of each parcel is determined from current assessor's maps for the County of San Diego, State of California: All frontage dimensions have been rounded to the nearest foot. MAXIMUM ANNUAL ASSESSMENT RATES The annual assessment to be levied on all properties within the District in any fiscal year shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. The actual annual assessment rate for 2014/15 is $15.15. Fiscal Year Percentage Increase Maximum Frontage Rate Per Frontage Foot Maximum Median Rate Per Frontage Foot Total Maximum Rate Per Frontage Foot (1) 1996/97 N/A $3.29 $6.43 $9.72 1997/98 10% 3.62 7.07 10.69 1998/99 10% 3.98 7.78 11.76 1999/00 10% 4.38 8.56 12.94 2000/01 10% 4.82 9.41 14.23 2001/02 10% 5.30 10.35 15.66 2002/03 10% 5.83 11.39 17.22 2003/04 10% 6.41 12.53 18.95 2004/05 10% 7.05 13.78 20.84 2005/06 10% 7.76 15.16 22.93 2006/07 10% 8.54 16.68 25.22 2007/08 10% 9.39 18.35 27.74 2008/09 10% 10.33 20.18 30.52 2009/10 10% 11.36 22.20 33.57 2010/11 10% 12.50 24.42 36.93 2011/12 10% 13.75 26.86 40.62 2012/13 10% 15.12 29.55 44.68 2013/14 10% 16.64 32.51 49.15 2014/15 10% 18.30 35.76 54.07 (1) Rates are truncated. Allow for minor rounding error. 5.2 Assessment Roll The proposed Fiscal Year 2014/15 District assessment roll is listed on the following page. City of National City- Landscape Maintenance District No. 1 (Mile of Cars) 5-5 • Prepared by NBS - Fiscal Year 2014/15 16 City of National City Landscape Maintenance District No. 1 (Mile of Cars) Assessment Roll Fiscal Year 2014/15 APN Owner Frontage (Feet) Levy Misc Adjs Total 560-203-03-00 FUENTES FRANK SEPARATE PROPERTY TRUST 08 291 $4,410.68 $0.00 $4,410.68 560-204-02-00 CAPPS DIANE L & BALL 1998 TRUST 140 2,121.98 0.00 2,121.98 560-204-04-00 BALL JOHN D 11 190 2,879.82 0.00 2,879.82 560-210-01-00 HATTON RONNIE & HATTON PAM 125 1,894.62 0.00 1,894.62 560-210-04-00 LTC PROPERTIES L L C 165 2,500.90 0.00 2,500.90 560-210-40-00 CAPPS DIANE L & BALL 1998 TRUST 211 3,198.12 0.00 3,198.12 560-210-41-00 CAPPS DIANE L & BALL 1998 TRUST 50 757.85 (0.01) 757.84 560-210-42-00 LTC PROPERTIES L L C 30 454.71 (0.01) 454.70 560-261-08-00 CAPPS DIANE L & BALL 1998 TRUST 270 4,092.38 0.00 4,092.38 560-271-07-00 CAPPS DIANE L & BALL 1998 TRUST 75 1,136.77 (0.01) 1,136.76 560-271-09-00 BALL AUTOMOTIVE GROUP 50 757.85 (0.01) 757.84 560-271-14-00 CAPPS DIANE L & BALL 1998 TRUST 95 1,439.91 (0.01) 1,439.90 560-271-15-00 CAPPS DIANE L & BALL 1998 TRUST 100 1,515.70 0.00 1,515.70 560-330-03-00 S K R B L P 591 8,957.77 (0.01) 8,957.76 560-393-03-00 PNJ PROPERTIES L L C 140 2,121.98 0.00 2,121.98 560-393-04-00 FALK PROPERTIES N C L L C 480 7,275.35 (0.01) 7,275.34 562-021-01-00 POLAKOFF GARY & DIANE 2401 TRUST 100 1,515.70 0.00 1,515.70 562-021-07-00 DIAZ LUIS J & MARIA G 2004 FAMILY TRUST 160 2,425.12 0.00 2,425.12 562-031-13-00 BALL JOHN II 110 1,667.27 (0.01) 1,667.26 562-031-14-00 BALL JOHN II 160 2,425.12 0.00 2,425.12 562-090-06-00 WEBSTER GEORGE H SECOND LIVING TRUST 10- 270 4,092.38 0.00 4,092.38 562-100-13-00 BALL JOHN 011 135 2,046.19 (0.01) 2,046.18 562-100-14-00 WEBSTER GEORGE H SECOND LIVING TRUST 10- 135 2,046.19 (0.01) 2,046.18 562-150-13-00 GEN 3 PROPERTIES ONE L L C 209 3,167.81 (0.01) 3,167.80 562-160-07-00 GEN3 PROPERTIES TWO LLC 300 4,547.09 (0.01) 4,547.08 562-180-32-00 GEN3 PROPERTIES TWO LLC 82 1,242.87 (0.01) 1,242.86 562-180-33-00 GEN3 PROPERTIES THREE LLC 127 1,924.94 0.00 1,924.94 562-220-11-00 HARRISON RESIDUAL TRUST & VAUGHN FAMILY 100 777.74 0.00 777.74 562-220-13-00 MCCUNE MOTORS 230 3,486.10 0.00 3,486.10 562-220-31-00 MCCUNE MOTORS 155 2,349.33 (0.01) 2,349.32 562-220-32-00 FRANK REAL PROPERTIES II LP 314 4,759.29 (0.01) 4,759.28 562-251-37-00 C V VENTURES L L C 202 3,061.71 (0.01) 3,061.70 562-251-38-00 C V VENTURES L L C 167 2,531.21 (0.01) 2,531.20 562-252-15-00 ERM FAMILY TRUST 11-19-91 & ERM RUDOLPH 330 5,001.80 0.00 5,001.80 562-321-07-00 S 0 C PROPERTIES L L C 182 2,758.57 (0.01) 2,758.56 -562-321-08-00 CITY OF NATIONAL CITY COMMUNITY DEVELOPM 148 2,243.23 (0.01) 2,243.22 562-330-35-00 MOYNAHAN THOMAS W JR & DARLENE D TRS 249 3,774.09 (0.01) 3,774.08 562-330-42-00 MOYNAHAN THOMAS W JR & DARLENE D TRS 76 1,151.93 (0.01) 1,151.92 562-330-43-00 54/NATIONAL SELF STORAGE L L C 40 606.28 0.00 606.28 562-340-09-00 WESTCOTT RODNEY C LIVING TRUST 03-01-11 300 4,547.09 (0.01) 4,547.08 562-340-47-00 MOSSY IMPORTS L L C 164 2,485.74 0.00 2,485.74 562-340-48-00 MOSSY IMPORTS L L C 436 6,608.44 0.00 6,608.44 562-340-49-00 ESCONDIDO DEVELOPMENT PROPERTIES L L C 291 4,410.68 0.00 4,410.68 562-340-50-00 PERRY MOTORS/PROPERTIES OF NATIONAL CITY 300 4,547.09 (0.01) 4,547.08 562-340-69-00 FELICE REAL PROPERTIES I L P 290 4,395.52 0.00 4,395.52 562-340-70-00 FELICE REAL PROPERTIES I L P 300 4,547.09 (0.01) 4,547.08 46 Accounts $136,660.00 ($0.24) $136,659.76 Page 1 of 17 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 3, 2014 AGENDA ITEM NO. 11 OTEM TITLE: Resolution of the City Council of the City of National City confirming the assessment and ordering the levy for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2014/15. PREPARED BY: Raymond Pe, Principal Planner DEPARTMENT: Plann ision PHONE: 336-4421 APPROVED BY: EXPLANATION: On May 20, 2014, the City Council declared its intention to conduct a public hearing concerning the levy of assessments for Landscape Maintenance District No. 1 (Mile of Cars). At the May 20, 2014 meeting, the City Council initiated the proceedings for said levy and collection of assessments and approved the Annual Report ("Engineer's Report"), which identifies the assessment to be levied and collected and describes the work program to be conducted by the Mile of Cars Landscape Maintenance District. A public hearing was held on June 3, 2014 to receive any public comments about the levy and collection of these assessments for Fiscal Year 2014/15. The accompanying resolution would confirm the assessment and order the levy for the Landscape Maintenance District No. 1 (Mile of Cars). FINANCIAL STATEMENT: Not Applicable. ACCOUNT NO. APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Regulations, Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution confirming the assessment and ordering the levy. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: • RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE ASSESSMENT AND ORDERING THE LEVY FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2014/15 WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish National City's Landscape Maintenance District No. 1 (Mile of Cars) (the "Assessment District"); and WHEREAS, the City has, by previous resolution adopted on May 20, 2014, declared its intention to hold a Public Hearing concerning the levy and collection of assessments within the Assessment District; and WHEREAS, a Public Hearing has been held and concluded, and notice thereof was duly given in accordance with Section 22626 of the Act; and WHEREAS, at the time and place specified in the Resolution of Intention, the City conducted such hearing and considered all objections to the assessment. NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, AS FOLLOWS: 1. Confirmation of Assessment and Diagram: The City Council hereby confirms the assessment and the diagram as is described in full detail in the Annual Report on file with the City Clerk. 2. Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this Resolution shall constitute the levy of an assessment for the fiscal year commencing July 1, 2014 and ending June 30, 2015. 3. Ordering of the Levy: The City Council hereby orders consultant to prepare and submit the levy of assessments to County of San Diego for placement on the Fiscal Year 2014/15 secured property tax roll. PASSED and ADOPTED this 3rd day of June, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 3, 2014 AGENDA ITEM NO. 12 EM TITLE: Resolution of the City Council of the City of National City adopting the TransNet Local Street Improvement Program of Projects for National City for Fiscal Years 2015 through 2019 consisting of the following projects: Plaza Blvd Widening (NC01), Street Resurfacing (NC03), Traffic Signal Install/Upgrades (NC04), Highland Avenue Community Corridor (NC13), 4th Street Community Corridor (NC14) and Citywide Safe Routes to School (NC15) PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ___ / Finance ACCOUNT NO. 307-0000-3466 APPROVED: MIS Resolution will authorize the receipt of TransNet Proposition A Funds (Fund 307) from SANDAG to National City) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ List of Projects 2. Resolution EXPLANATION On November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance). The TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve on a biennial basis a multi -year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds. Local agencies receiving TransNet funds are required to update their portion of the TransNet Local Street Improvement Program of Projects every two years. Based on the estimate of annual TransNet local street improvement revenues for fiscal years 2015 through 2019 provided by SANDAG, staff proposes the following five-year program: Project Name (ID) Numberproject FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Plaza Boulevard Widening (NC01) 6569 $0 $388,000 $442,000 $0 $0 Street Resurfacing (NC03) 6035 $500,000 $300,000 $300,000 $795,000 $466,000 Traffic Signal Install/Upgrades (NC04) 6558 $0 $100,000 $100,000 $100,000 $500,000 Highland Avenue Community Corridor (NC13) 6570 $235,000 $0 $0 $0 $0 4th Street Community Corridor (NC14) 6181 $0 $0 $0 $0 $0 Citywide Safe Routes to School (NC15) 6166 $200,000 $200,000 $200,000 $200,000 $200,000 DRAFT TransNet Revenue Forecast (SANDAG - revised 2/11/2014) Total $935,000 $988,000 $1,042,000 $1,095,000 $1,166,000 It shall be noted that while funding is not being requested for the 4th Street Community Corridor Project (NC14), since it is an "active" project that is scheduled to be completed in FY 2015, we are required to list the project as part of the five-year program. On May 20, 2014, in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31, the City Council of the City of National City held a noticed public hearing that clearly identified the proposed list of projects as summarized above. There was no public comment at the hearing. As such, City Council closed the hearing and directed staff to return with a formal Resolution for Council's review. It shall be noted that the Resolution contains provisions required by SANDAG, which have been reviewed and accepted by staff. While one such provision is a "hold harmless" provision, staff had determined that risk to the City is minimal since SANDAG's involvement in National City's TransNet-funded projects is limited to accounting processes and financial audits. TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR NATIONAL CITY FOR FY 2015-2019 Project Name (ID) Project Number FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Plaza Boulevard Widening (NC01) 6569 $0 $388,000 $442,000 $0 $0 Street Resurfacing (NC03) 6035 $500,000 $300,000 $300,000 $795,000 $466,000 Traffic Signal Install/Upgrades (NC04) 6558 $0 $100,000 $100,000 $100,000 $500,000 Highland Avenue Community Corridor (NC13) 6570 $235,000 $0 $0 $0 $0 4th Street Community Corridor (NC14) 6181 $0 $0 $0 $0 $0 Citywide Safe Routes to School (NC15) 6166 $200,000 $200,000 $200,000 $200,000 $200,000 DRAFT TransNet Revenue Forecast (SANDAG - revised 2/11/2014) $935,000 $988,000 $1,042,000 $1,095,000 $1,166,000 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2015 THROUGH 2019 WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve on a biennial basis a multi -year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, the City of National City was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2015 through 2019; and WHEREAS, the City of National City has held a noticed public meeting with an agenda item that clearly identified the proposed list of projects prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31; NOW, THEREFORE, BE IT RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of National City certifies that no more than 30 percent of its annual revenues shall be spent on local street and road maintenance -related projects. BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of National City certifies that all new projects, or major reconstruction projects, funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of National City's public hearing process. BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Extension Ordinance, the City of National City certifies that the required minimum annual level of local discretionary funds (Le., the City's share of the TransNet funds) to be expended for street and road purposes will be met throughout the 5-year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. BE IT FURTHER RESOLVED that pursuant to Section 9A of the TransNet Extension Ordinance, the City of National City certifies that it will exact $2,254, plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in that jurisdiction, and shall contribute such exactions to the Regional Transportation Congestion Improvement Program (RTCIP). BE IT FURTHER RESOLVED that pursuant to Section 13 of the TransNet Extension Ordinance, the City of National City certifies that it has established a separate Transportation Improvement Account for TransNet revenues with interest earned expended only for those purposes for which the funds were allocated. Resolution No. 2014 — June 3, 2014 Page Two BE IT FURTHER RESOLVED that pursuant to Section 18 of the TransNet Extension Ordinance, the City of National City certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs. BE IT FURTHER RESOLVED that the City of National City does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met. BE IT FURTHER RESOLVED that the City of National City agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of National City's TransNet funded projects. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby adopts the TransNet Local Street Improvement Program of Projects for National City for Fiscal Years 2015 through 2019, summarized as follows: Project Name (ID) NumberProject FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Plaza Boulevard Widening (NC01) 6569 $0 $388'00 0 $442,000 $0 $0 Street Resurfacing (NC03) 6035 $500,000 $300,00 0 $300,000 $795,000 $466,000 Traffic Signal Install/Upgrades (NC04) 6558 $0 $100 00 ' 0 $100,000 $100,000 $500,000 Highland Avenue Community Corridor (NC13) 6570 $235,000 $0 $0 $0 $0 4th Street Community Corridor (NC14) 6181 $0 $0 $0 $0 $0 Citywide Safe Routes to School (NC15) 6166 $200,000 $200,00 0 $200,000 $200,000 $200,000 DRAFT TransNet Revenue Forecast (SANDAG - revised 2/11/2014) $935,000 $988,00 0 $1,042,00 0 $1,095,00 0 $1,166,00 0 [Signature Page to Follow] Resolution No. 2014 — June 3, 2014 Page Three PASSED and ADOPTED this 3rd day of June, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 3, 2014 AGENDA ITEM NO. 13 ITEM TITLE: Temporary Use Permit — San Diego Crusade Play hosted by the Victory Outreach Church at Kimball Park on July 19, 2014 from 6:00 p.m. to 9:30 p.m. with no waiver of fees. PREPARED BY: Vianey Rivera PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: APPROVED BY: od Services Division This is a request from the Victory Outreach Church to conduct the San Diego Crusade Play at Kimball Park on July 19, 2014 from 6 p.m. to 9:30 p.m. This event is a live drama reflecting real life issues and sending the message of hope. Applicant will provide their own stage, lighting and all equipment required for this performance. Security will be provided by event organizers for this event. This is the first time this applicant has processed a TUP with our City. FINANCIAL STATEMENT: ACCOUNT NO. The City has incurred $237.00 for processing $155.26 for Public Works. Total Fees are $592.26 pNVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: APPROVED: the TUP, $200 for Fire Department, FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: y4pprove the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 'Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert Parade Motion Picture Event Title: Event Location: _ Fair Demonstration Grand Opening Festival Community vent Circus . Block Party Other L-l42_ dt._; Vt9 C Cx-u• 5 L Q K. \ vv bio Qo I(_, Event Date(s): From 1 ►q to 7' i `( Actual Event Hours: t „ to am/ rr Total Anticipated Attendance: ( Participants Spectators) Setup/assembly/construction Date: —1/%'T Start time: -7 i-t 4 Please describe the scope of your setup/assembly wor (specific details): 5�+ of - rrpDY-.)-4(P s-Ease¢ 3 .e ci. 3y5"Q04 , 1, h:5) For-{- -a-,pol-l:es(y) *caSC. CPI e r s ) -ri irs .1 0. lA 4-, Dismantle Date: Completion Time: / n a List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: I t e, urc D u� �-�-, ��k k, •J I Chief Officer of Organization (Name) . ` Applicant (Name): ‹...)on ((� L ,(, Y C..) Address: i 7,6 S N C t OYVu.X jtQt-4- °>a.y, b i 'eata � 72 3 Daytime Phone: (�I q 2(e Z- p (7 ? Evening Phone: (toil (7 =Ue Fax: 2(0 2 - CSSzf E-Mail: p�Di✓iit-� 0 Y!✓ Sri UD e • Of Contact Person "on site" day of the event: 1nhnhuT Cellu' lar: (D ('�] I ` 1 SS S NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS -6fit6f (el q-3VffY €,Icikto.0014 s your organization a "Tax Exempt, nonprofit" organization? /4 YES NO Are admission, entry, vendor or participant fees required? YES)'NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. a_ . ,&, diirma. -cam ofih atn of _ YES "NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: NUN ei • YES INC Does the event involve the sale or use of alcoholic beverages? - YES \/NO Will items or services be sold at the event? If yes, please describe: YES \AO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES ¥NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES /NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. JYES NO Will the event involve the use of the � or your stage r PA system? ►� SPECIFY: ow �2gP b� .�, A. Stfs �e,M In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or -Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: _ GAS ELECTRIC CHARCOAL OTHER (Specify): %i Portable and/or Permanent Toilet Facilities Number of portable toilets: [ - , (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables # and Chairs # Fencing, barriers and/or barricades Generator locations and/or source of electricity . Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclo s 1Scaffolding, bleachers, platforms, tages) grandstands or related structures Vehicles and/or trailers Other related event components not covered above yc Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: $ Trash containers with lids: Describe your plan for clean-up and removal of waste land garbage during an after the event: \pak -�rUc AL V.r �cle o �i S l:_ ,-,500 .�& MC .L.Uain*) �`{ 'ie,.0 u,, Ct-ew Please describe your proceduUres for both Crowd Control and Internal Secprity: !2io //a MOP. _ YES . /NO Have you hired any Professional Security organization to handle security arrangements for this event? I1 YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: ►YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminat•d o ensur safet of the .artici.ants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. a2 toes Cpfh•er d 642_04, �nc ac.e nt ton 2— Please describe your Accessibility Plan for access at your event by individuals with disabilities: X Lt,uskru rliA�'_.1 Pease provide a detai ed description of your PARKIN plan 1 Pleased scribe your plan for DISABLED PARKING: l» , .cry n:_k_trig in ifyipla/1 Please describe,your. fans to notify all residents, hhusinesses and event: 0/40e77i CX00 . L - WeQi NOTE: Neighborhood residents must be notified 72 h�in scheduled in the City parks. 1[.;&/v Q/j-J ch rches impacted by the advance when events are YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: I - 2 5 $3O Number of Bands: 2 — Avt-, S r Type of Music:QSai / 4 / YES NO Will sound amplification be used? If YES, please indicate: Start time: LI ' O0 am Finish Time l :-)J:) am/ ) /YES — NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 7 ` oO am Finish Time _ �! , am/7 Please describe the sound equipment that will be used for your event: c�ttt1� c�yS 411 _ YES .fLNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: o. L�i1 fi�; Vo7 LbLe. JL �na n o .at a 12 Revised 02/29/12 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless ,,Agreement. Certificateaof insurance must be attached to this permit. Organization—�J_a_K.t-)(y Oc.rtr rc,6„, k �i 10/ U Person in Charge of Activity V oLv iy Coco vi Gi Address `1%2.,35` i3cc ovvc.(iC Sav' 01 0 C -131.2-/%3, Telephone G I " l 2 - 0 (7 2 Date(s) of Use 7- 11 - of y HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date -i ey For Office Use Only Certificate of Insurance Approved Date earth feet' meters 200 80 Page 1 of 1 https://t,fl-attach.ymail.com/us.fl610.mail.yahoo.com/ya/securedownload?mid=2 0 0_1_... 5/15/2014 ' Page 1 of 1 https:// bf l -attach.ymail.com/us.fl 610.mail.yahoo.com/ya/seeuredownload?mid=2_0_0_1_... 5/15/2014 Page 1 of 1 https://t,f1-attach.ymail.com/us.f1610.mail.yahoo.com/ya/securedownload?mid=2_0_0_1_... 5/15/2014 Page 1 of 1 https://bfl-attach.ymail.com/us.fl610.mail.yahoo.com/ya/securedownload?mid=2 0 0_1_ .. 5/15/2014 b10Z/S1IS ..—I—O 0 Z=MILPEoiumopamoas/eX/tuoa•ooze,('I?gu•OI9T3• /Wo3•I►lu1X•ua tu-iiq//:sduq Qscx 1 4wk.9 i IJOIa,Isd Page 1 of 1 7C c L u %eck k-� https://i)fl-attach.ymail.com/us.fl610.mail.yahoo.com/ya/securedownload?mid=2 0_0_1_... 5/15/2014 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Victory Outreach Church EVENT: San Diego Crusade DATE OF EVENT: July 19, 2014 TIME OF EVENT: 6 p.m. to 9:20 p.m. APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 ENGINEERING: No comment. BUILDING: No comments. PLANNING: Lighting and sound equipment should face away from residential neighbors or be attenuated to avoid noise impacts on surrounding residential properties. All activities shall be in accordance with the regulations contained in NCMC Title 12 (Noise). RISK MANAGER (619) 336-4370 We should see an insurance certificate on this and an endorsement naming the City of National City as an additional named insured. PUBLIC WORKS (619)366-4580 Street Division No involvement. Facilities Division No involvement. Parks Division • Two hours at $46.58 per overtime rate (93.16) for one staff to inspect after event and fill out Storm Water Compliance Inspection for Special Event Report and litter clean up. • Two hour for set up at regular pay of $31.05 per hour ($62.10). • Event organizers need to clean up litter during event. COMMUNITY SERVICES CS has no involvement. FIRE (619) 336-4550 Fees will be required for after hour inspection ($200.00). Please contact the National City Fire Department for payment of fees Provide clear map of site area. Map to include placement of stage and other items that will be found at site. Map provided not acceptable Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc 2) Fire Department access into and through the camp areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not Tess than 20 feet and an unobstructed vertical clearance of not Tess than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 6) Provide a 2A:10BC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance 7) Internal combustion power sources that may be used for "Light Towers" shall be of adequate capacity to permit uninterrupted operation during normal operating hours 8) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure 9) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc 10) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars 11) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 12) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge • Canopies from 401-500 square feet shall be $250.00 • Canopies from 501-600 square feet shall be $300.00 • Canopies from 601 square feet or greater shall be $400.00 • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council • A ten feet separation distance must be maintained between tents and canopies • A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of flame resistance shall be provided to the National City Fire Department prior to the event 13) First Aid will be provided by organization Fire Department Fees can only be waived by City Council Approval contingent upon final field inspection and compliance with all applicable codes and ordinances POLICE The PD will ask for extra patrol for the event. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FINANCE Finance has no stipulations for this event CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 3, 2014 AGENDA ITEM NO. 14 TEM TITLE: Notice of Decision — Planning Commission denial of a Conditional Use Permit for a tobacco specialty shop located in South Bay Plaza at 1430 E. Plaza Blvd., suite E7B. (Applicant: Vapure USA, Inc. (Case File 2014-04 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT:ining.l PHONE: 336-4313 APPROVED BY: EXPLANATION: The project location is a 1,599 square -foot commercial suite adjacent to International House of Pancakes, in Bay Plaza shopping center located at 1430 E. Plaza Blvd., in the Major Mixed -Use District (MXD-2) zone. The applicant is proposing to operate a retail business that primarily sells electronic cigarettes and associated products from 9 a.m. to 9 p.m. Monday to Friday, and 11 a.m. to 7 p.m. on weekends. Planning Commission conducted a public hearing on May 5, 2014. Commissioners stated that they were not in favor of the business and cited concerns related to a proposed lounge and the potential for indoor use of electronic cigarettes. The Commission denied the Conditional Use Permit based on the finding contained in the attached Resolution, which was adopted on May 19, 2014. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not subject to CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Flores, Pruitt Nay: Bush Absent: DeLaPaz Abstain: Garcia ATTACHMENTS: 1. Location Map Planning Commission Staff Report 4. Reduced Plans and Site Photos 3. Resolution No. 12-2014 — — — Zone Boundary APN: 557-322-14 1539 D N IZ-J I Feet 0 75 150 300 Planning Commission Location Map 2014-04 CUP 4.23.14 1 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 6 May 5, 2014 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A TOBACCO SPECIALTY SHOP LOCATED IN SOUTH BAY PLAZA AT 1430 E. PLAZA BLVD., SUITE E7B. 2014-04 CUP South side of Plaza Blvd and N Ave in Bay Plaza 557-322-14 Martin Reeder Vapure USA, Inc. ROIC INC. MXD-2 (Major Mixed -Use District) Commercial across Plaza Blvd (Plaza Square) / MXD-2 Residential/ RS-2 Commercial/ MXD-2 Commercial across N Ave / MXD-2 Not subject to CEQA 2 BACKGROUND Site Characteristics The project location is a commercial suite within the Bay Plaza shopping center located at 1430 E. Plaza Blvd., in the Major Mixed -Use District (MXD-2) zone. The suite is approximately 1,599 square feet in size and located adjacent to International House of Pancakes. The area is mostly adjacent to other commercial uses including Plaza Village Center to the north across Plaza, and South Bay Plaza Shopping Center to the east across N Avenue. Single-family residential uses are located to the east in the Single -Family Residential (RS-2) zone, atop a large embankment. Proposed Use The applicant is proposing to operate a retail business that primarily sells electronic cigarette products, such as electronic cigarettes, batteries, atomizers, and eLiquid (liquid that is vaporized for purposes of inhalation) and accessories such as lanyards, apparel, stickers, and custom wraps. The retail business would be open from 9 a.m. to 9 p.m. Monday to Friday, and 11 a.m. to 7 p.m. on weekends. Analysis This type of use is considered to be a "Tobacco specialty shop", which means any business the primary use of which is the sale of tobacco products or tobacco related paraphernalia. A business shall be determined a tobacco specialty shop when more than forty percent of its retail floor area is devoted to the display and sales of tobacco products and/or paraphernalia. The U.S. Food and Drug Administration (FDA) classifies electronic cigarettes as "other tobacco products", which also include hookahs, cigars, and pipe tobacco. Staff is of the opinion that stores meeting the above classification that sell electronic cigarettes meet the definition of tobacco specialty stores based on the spirit and intent of the Land Use Code. An interpretation of this Code section is included as a separate item on this agenda. The FDA opines that electronic cigarettes may lead young people to try other tobacco products, including conventional cigarettes, which are known to cause disease and lead to premature death. Section 18.24.050 of the National City Land Use Code allows for tobacco specialty shops with an approved Conditional Use Permit (CUP) in the MXC-2 and MXD-2 zones. Tobacco specialty shops are also regulated by Section 18.30.230 of the Code, which requires that they not be located within one thousand feet of any school, playground, recreation center or facility, childcare center, or library in the City. No such land uses are within one thousand feet of the subject property. Conditions of Approval Concerns related to tobacco specialty shops are generally related to potential health effects and secondary impacts to youth, such as sales or advertising to minors. There is also the issue of using electronic cigarettes to consume marijuana or cannabinoid- containing substances (not permitted in the City). 3 The health effects of electronic cigarettes are also of concern to the FDA. The FDA has not evaluated any e-cigarettes for safety or effectiveness. When the FDA conducted limited laboratory studies of certain samples, they found significant quality issues that indicate that quality control processes used to manufacture these products are substandard or non-existent. The FDA found that cartridges labeled as containing no nicotine contained nicotine and that three different electronic cigarette cartridges with the same label emitted a markedly different amount of nicotine with each puff. Experts have also raised concerns that the marketing of products such as e-cigarettes can increase nicotine addiction among young people and may lead minors to try other tobacco products. These types of conditions are very similar to those required for alcohol sales, which often have the same concerns. According to the U.S. Department of Health & Human Services, alcohol and tobacco are among the top causes of preventable deaths in the United States. Moreover, these substances often are used together: Studies have found that people who smoke are much more likely to drink, and people who drink are much more likely to smoke. Dependence on alcohol and tobacco also is correlated: People who are dependent on alcohol are three times more likely than those in the general population to be smokers, and people who are dependent on tobacco are four times more likely than the general population to be dependent on alcohol.2 Based on the concerns related to potential health impacts, conditions have been included that intend to protect from these issues. Conditions No. 8 through 11 are related to the following: • Prohibition of exterior advertising promoting or indicating the availability of electronic cigarettes. • Prohibition of products containing tetrahydrocannabinol (THC). • No sales of tobacco products or electronic cigarettes to minors. • Compliance with U.S. Food and Drug Administration requirements. CEQA The project is not subject to the California Environmental Quality Act as the proposal involves a retail use on a commercial -zoned property which allows retail uses by right. No physical or environmental impacts would occur as a result of approval of this application. Summary A tobacco specialty store is a retail use, permitted with the issuance of a CUP in the MXC-2 and MXD-2 zones. Concerns related to advertising and sales to minors or of incidental drug use are addressed by Conditions of Approval. The business would also be required to comply with all applicable federal government regulations. 1 U.S. Food and Drug Administration website Khttp://www.fda.gov/forconsumers/consumerupdates/ucm225210.htm) National Institute on Alcohol Abuse and Alcoholism website (http://pubs. niaaa. nih.pov/publications/aa71 /aa71, htm) 4 RECOMMENDATION 1. Approve 2014-04 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2014-04 CUP based on attached findings/findings to be determined by the Planning Commission; or 3. Continue the item to a specific date. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Public Hearing Notice (Sent to 26 property owners and occupants) 5. Applicant's Plans (Exhibit A, case file no. 2014-04 CUP, dated 3/17/2014) 6. Site Photos MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Executive Director 5 RECOMMENDED FINDINGS FOR APPROVAL 2014-04 CUP, 1430 E. Plaza Blvd., suite E7B 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, since the proposal involves a conditionally -permitted retail use on a commercial -zoned property which allows retail uses by right in the MXD-2 zone. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since retail businesses are an identified use in the Major Mixed - Use land use designation, and since no Specific Plans exist in this area. 3. That the site for the proposed use is adequate in size and shape, since the proposed use is a retail use for which the property has been developed and has historically been used. 4. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since Plaza Blvd. is classified as an arterial street in the Circulation Element, and the use will be within an existing retail suite and thus is not expected to result in an appreciable increase in traffic. 5. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed retail use is compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale and display of tobacco products and/or electronic cigarettes to minors. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, since staff has already determined that the proposed use is not subject to CEQA, as the proposal involves a retail use on a commercial -zoned property which allows retail uses by right. No physical or environmental impacts would occur as a result of approval of this application. RECOMMENDED FINDING FOR DENIAL 2014-04 CUP, 1430 E. Plaza Blvd., suite E7B 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since the proposed use for the sale and display of tobacco products and/or electronic cigarettes may lead young people to try other tobacco products, including conventional cigarettes, which are known to cause disease and lead to premature death. 6 RECOMMENDED CONDITIONS OF APPROVAL 2014-04 CUP, 1430 E. Plaza Blvd., suite E7B General 1. This Conditional Use Permit authorizes the sale of electronic cigarettes (e- cigarette), personal vaporizers (PV), or electronic nicotine delivery systems (ENDS), collectively known as electronic cigarettes, and related accessories at the property located at 1430 East Plaza Boulevard, suite E7B. Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2014-04 CUP, dated 3/17/2014. This CUP shall not limit the sales of traditional tobacco products except as otherwise stated by these Conditions of Approval. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the Califomia 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 and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Pennit shall become effective, the applicant and 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 Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director 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 Conditional Use Permit 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 Executive Director prior to recordation. Building/Fire 7. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Planning 8. Excepting business identification signage, exterior advertising and signs of all types, promoting or indicating the availability of electronic cigarettes (e-cigarettes), personal vaporizers (PV), or electronic nicotine delivery systems (ENDS), collectively known as electronic cigarettes, or tobacco products, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of electronic cigarettes and 7 signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 9. No products containing tetrahydrocannabinol (THC), or any other cannabinoid, may be sold on the premises. 10. No sales of tobacco products, electronic cigarettes, personal vaporizers, or any other electronic or non -electronic nicotine delivery systems are permitted to minors. 11.The business shall comply with all requirements of the U.S. Food and Drug Administration (FDA) related to electronic cigarettes (e-cigarettes), personal vaporizers (PV), electronic nicotine delivery systems (ENDS), or any tobacco products sold at the store. Police 12. Permittee shall comply with any regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of tobacco products. 8 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR A TOBACCO SPECIALTY SHOP LOCATED IN SOUTH BAY PLAZA AT 1430 E. PLAZA BLVD., SUITE E7B. CASE FILE NO.: 2014-04 CUP APN: 557-322-14 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, May 5, 2014, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Vapure USA, Inc.) The applicant proposes to sell electronic cigarette products (electronic cigarettes, batteries, atomizers, and eLiquid) and accessories (lanyards, apparel, stickers, and custom wraps). Business hours are 9 a.m. to 9 p.m. Monday to Friday, and 11 a.m. to 7 p.m. on weekends. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., May 5, 2014„ who can be contacted at 619-336-4310 or planninq a(�.nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT Fvik. BRAD RAULSTON Executive Director 9 RESOLUTION NO. 12-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR A TOBACCO SPECIALTY SHOP LOCATED IN SOUTH BAY PLAZA AT 1430. E. PLAZA BLVD., SUITE E7B. APPLICANT: VAPURE USA, INC. CASE FILE NO. 2014-04 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a tobacco specialty shop located in South Bay Plaza at 1430 E. Plaza Blvd., suite E7B., at a duly advertised public hearing held on May 5, 2014, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2014-04 CUP maintained by the City and incorporated herein by reference along with evidence and testimony 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 recited herein is found not to be essential for the preservation of public health, safety, and general welfare; and, WHEREAS, this action becomes effective and final thirty days after adoption of this Resolution, unless, within such period of time, City Council sets the matter for public hearing or an appeal is filed in accordance with National City Municipal Code Section 18.12.060(C). NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 5, 2014, support the following finding: That the proposed use is not deemed essential and desirable to the public convenience and welfare, since the proposed use for the sale and display of tobacco products and/or electronic cigarettes may lead young people to try other tobacco products, including conventional cigarettes, which are known to cause disease and lead to premature death. BE IT FURTHER RESOLVED that the Planning Commission hereby denies the application for a Conditional Use Permit referenced in Case File No. 2014-04 CUP. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. 10 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 19, 2014, by the following vote: AYES: NAYS: ABSENT: Alvarado, Baca, Flores, Pruitt Bush DelaPaz ABSTAIN: Garcia CHAIRMAN 11 "Vapure USA inc." EXHIBIT A CASE FILE NO. 2014-04 CUP DATE: 3/17/2014 Bay Plaza National City, CA 73,324 sq. ft. Q 'Vapure USA Inc.' Suite 1430-E7B Keys enkr f"1 E E Party Office Pharmacy Apparel 1 LOTS. JOANN fabric and craft stares. Couiney Brodie , 33.243.1951 888.888.ROIC.��.�;; ch?rodiel roireit,net • www.roireit,net Steve Ertrard 425 273 0952 858.888.Ro1C,.�eazi seri1ard n roire;t.net ,y NA LS dt�l+I�fhiki Rj, • °Vapure USA inc.' Suite 1430-E7B "eCOSWAY" Suite 1430-E8 _TP)h©©g-7[m_'© Mudw "Vapure USA inc." 16 • "LOUNGE AREA" "VIEW of SALES AREA" • D)LiKACD grrec; 0 7PC2© hleV "Vapure USA inc." * Chula Vista CA. "SALES COUNTER• "WALL DISPLAY" Ph©qcDampfl h]d_w "Vapure USA inc.",a• Chula Vista CA. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 3, 2014 AGENDA ITEM NO. 15 TEM TITLE: National City Sustainability Efforts Implementation Direction to Staff. PREPARED BY: Raymond Pe �. PHONE: 336-4421 DEPARTMENT: APPROVED BY: sion EXPLANATION: Staff seeks direction from City Council regarding implementation of sustainability improvements for City facilities. The approximately $1.5 million in capital improvements proposed for municipal facilities presents an opportunity to undertake additional sustainable improvements in the areas of energy efficiency, renewable energy, and water efficiency. Such efforts are intended to reduce natural resource consumption and emissions from municipal facilities. These efforts are consistent with measures contained in the Climate Action Plan (CAP) adopted by City Council as part of the Comprehensive Land Use Update (General Plan Update) in 2012 and the Energy Roadmap prepared in 2013. Pursuing these sustainability improvements coincident with planned capital improvements is expected to result in considerable cost savings. Background report attached. FINANCIAL STATEMENT: ACCOUNT NO. Not applicable. ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance STAFF RECOMMENDATION: Direct Staff to solicit proposals pursuant to California Government Code Section 4217, to design, install, and finance sustainability improvements within municipal facilities. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Background Report Attachment 1 BACKGROUND REPORT Staff seeks direction from City Council regarding implementation of sustainability improvements for City facilities. The approximately $1.5 million in capital improvements proposed for municipal facilities as part of the proposed 2014- 2015 FY budget presents an opportunity to undertake additional sustainable improvements in the areas of energy efficiency, renewable energy, and water efficiency. Such efforts are intended to reduce natural resource consumption and emissions from municipal facilities. These efforts are consistent with measures contained in the Climate Action Plan (CAP) adopted by City Council as part of the Comprehensive Land Use Update (General Plan Update) in 2012 and the Energy Roadmap prepared in 2013. Pursuing these sustainability improvements coincident with planned capital improvements is expected to result in considerable cost savings. Financing The capital required for these improvements can be financed and paid back out of future utility bill savings as energy and water measures will be designed to generate future utility bill savings. Precise figures for the total costs and projected savings will be determined in the design phase of this effort. Several financing options exist. Regardless of which are ultimately used, staff recommends taking advantage of all existing rebate and incentive programs where practical. To pay remaining upfront capital costs, past sources such as CEC loans, EECBG funds, and QECBG are no longer available. Current financing alternatives are limited to: 1. Direct budgetary allocation with CIP funds. The size of this expenditure makes this option infeasible. 2. Tax-exempt municipal lease. Costs of funds are near historic lows (-3%). City responsible for design costs. City is at risk if savings do not materialize. 3. Tax-exempt municipal lease with performance based contract (energy services contract). Costs of funds are near historic lows (-3%). Design costs paid by third - party. Minimum savings is guaranteed. 4. Off -Credit financing. Does not affect the balance sheet of the City as it is not a form of debt. Underlying interest rate is slightly higher than a tax-exempt municipal lease. Energy savings risk is shared by City with a third -party. Implementation There are a few options for contracting and procuring the services needed to design and install the sustainability measures: 1. Multi -stage Design -Build RFP process. This process would follow traditional procurement procedures, and identify a firm to undertake design of the sustainability improvements, and upon the City's approval, execute the project. This process will be lengthy and require staff resources accordingly. Under this approach, planned capital improvements would either need to be delayed, or the sustainability improvements would need to be undertaken at a later time, and at greater cost. 2. Utilize CA Government Code 4217 (CA 4217) to expedite procurement. CA 4217 authorizes a municipality to enter into a design, construction and financing contract (energy services contract) for energy improvements to public facilities, without an RFP process, if it is determined by City Council to be in the best interest of the City. Under CA 4217 a municipality may request proposals from a pool of qualified energy service companies established pursuant to Section 388 of the Public Utilities Code. In order to implement these efforts simultaneously with needed capital improvements, and begin realizing anticipated savings as soon as possible, staff recommends selecting an energy services contractor under CA Code 4217 through an expedited solicitation process. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 3, 2014 AGENDA ITEM NO. 16 fEM TITLE: National City Sales Tax Update Newsletter — Fourth Quarter 2013 PREPARED BY: Ed Prendell, Budget Analyst PHONE: 619-336-4332 EXPLANATION: DEPARTMENT: Finan e O� APPROVED BY: 72-v(C ,�'-�-6'G°-' BACKGROUND National City has an on -going contract with Hinderliter, de Llamas & Associates (HdL) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data & trends within the City & Statewide. NEWSLETTER SUMMARY Receipts for National City's October through December sales were 6.1% higher than the same quarter one year ago. Actual sales activity was up 3.1% when reporting aberrations were factored out. Autos and transportation posted a strong quarter from car sales and leases; however, the overall gain was inflated by payment anomalies. General consumer goods experienced a strong sales quarter from multiple categories including family apparel, electronics, and specialty stores. Receipts from restaurants were lifted, in part, by the addition of a new eatery. The food and drugs group also posted positive results. The sales decline from service stations was partially offset by double payments that inflated the current quarter. Correspondingly, onetime payments that boosted the comparison quarter were responsible for temporarily depressing the building and construction sector. leasure "D" generated an additional $2,656,974 in revenue for the quarter, an increase of 6.6% over the same quarter last year. ,djusted for aberrations, taxable sales for all San Diego County increased 3.3% over the comparable time period, while the Southern 'alifornia region as a whole was up 2.7%. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: 7;:c. /r Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and file the newsletter. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Vational City Sales Tax Update Newsletter — Fourth Quarter 2013 National City In Brief `receipts for National City s Octo- ber through December sales were 6.1 % higher than the sane quarter one y ago. Actual sales activity was u 1% when repo Ling aber- rations re factored out. Autos and transportation posted a strong quarter from car sales and leases: however, the overall gain '^ias inflated by payment anomalies. .eral consumer goods experi- enced a strong sales quarter from multiple categories including family apparel. electronicsand specialty stc s, ea ea also p from restaurants were lift - by too addition of a new te food and drugs group upositive results. he sales decline from service sta- tions was partially offset by double payrn that inflated the current quarte orrespondingly. onet ne paymen s that boosted the compar- ison quarter were responsible for temporarily aepressing the building and construction sectou c"'` easure 'D generated an addi- tional $2.656.974 in revenue for the quarter, an increase of 6.6% over the le quarter last year for aberrationstaxable sale o II of San Diego County or 3.3% over the compara- tim eriod. while the Southern California region as a whole was up 2.744. M-. Ofry ational City Sales Tax Update First „Quarter Receipts for Fourth Quarter Saks (October - December 2013) SALES TAX BY MAJOR BUSINESS GROUP $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 so Autos and Transportation General Consumer Goods Restaurants Fuel and and Service Hotels Stations TOP 25 PRODUCERS 0:-Ds^ Arco AM PM Ball Honda Acura Mitsubishi Suzuki Kia Frank Hyundai Frank Subaru Frank Toyota Scion Highland Arco JC Penney Macys Mor Furniture 4 Less Mossy Nissan Nordstrom Rack Perry Chrysler Dodge Jeep Ram Perry Ford Probuild Company Ron Baker Chevrolet Ross South Bay Volkswagen South County Buick GMC Target Tesoro Refining & Marketing Toys R Us Univar Victoria's Secret Walmart Wescott Mazda Business and Industry ■ 4th Quarter 2012 ■ 4th Quarter 2013 Food and Drugs Building and Construction REVENUE COMPARISON Three Quarters — Fiscal Year To Date Point -of -Sale County Pool State Pool 2012-13 59,846,539 1,169,838 4,520 2013-14 $10,540,633 1,351,396 6,238 Gross Receipts $11,020,896 $11,898,266 Less Triple Flip* $(2, 7 55,224) S(2,974,567) Measure D $6,934,110 $7,420,399 *Reimbursed from county compensation jrmd Published by HdL Companies in Spring 2014 HdL:).� www.hdlcompanies.com 1 888.861.0220 C O M P A N I E S Q4 2013 National City Sales Tax Update Statewide Results Excluding accounting anomalies, the local share of sales and use tax re- ceipts from California's 2013 holiday spending rose 3.4% over the fourth quarter of 2012. Auto sales and leases and all cate- gories of building and construction materials were substantially up over the previous year while tourism and convenience -driven consumer de- mand continued to produce healthy gains in restaurant related revenues. Sales of luxury goods and portable electronics did particularly well while cut backs in food stamp programs and unemployment benefits reduced spending at discount department stores and many value oriented re- tailers. Generally, the gains in sales from online purchases were higher than for brick and mortar stores. Rising fuel efficiency resulted in low- er receipts from service stations and petroleum supply companies while a slowing pace in solar and alternate energy development reduced use tax receipts from the business/industrial segment. Spending patterns were fairly consis- tent throughout most regions. E-Commerce Spending Up Tax receipts from holiday spending on general consumer goods at brick and mortar stores grew by 2.3% over last year's comparable quarter while local tax revenues from online pur- chases increased 16% and accounted for 10.3% of total general consumer goods sales and use tax receipts. The rise in online retail shopping ac- celerates trends that began 20 years ago by sellers of materials and equip- ment to business and industrial users. Suppliers were able to take advantage of business preferences for the ease of online ordering by consolidating sales offices and inventories into just a few locations. However, it was not until social net- working and growth in the use of mobile devices that the general public became fully comfortable with online purchasing. Retail analysts expect the trend to expand and every ma- jor retailer is testing new concepts to reduce store size and overhead costs by driving more of their sales to cen- tralized web -based order desks. New technology, recent court deci- sions and legislative exemptions are constantly reducing what is taxable and has substantially altered the base on which the tax was created in 1933. The concentration of business sup- plies and now consumer goods into fewer and larger "points of sale" has accelerated competition for what is becoming a diminishing resource. Local governments are now bidding rebates up to 85% of the local tax collected in exchange for location of order desks. ONLINE VS. BRICK & MORTAR Year -Over -Year Percent Growth 30% 15% 0% -15% Ll '01 '03 '05 '07 '09 '11 '13 • Online ■ Brick & Mortar REVENUE BY BUSINESS GROUP National City This Quarter Autos/Trans. 38% Others 6% us./Ind. Fuel 5% 5% Cons.Goods 36% Restaurants 10% NATIONAL CITY TOP 15 BUSINESS TYPES *In thousands Business Type Casual Dining Department Stores Discount Dept Stores ElectronicslAppliance Stores Family Apparel Heavy Industrial Light Industrial/Printers Lumber/Building Materials New Motor Vehicle Dealers Quick -Service Restaurants Service Stations Shoe Stores Specialty Stores Used Automotive Dealers Women's Apparel Total All Accounts County & State Pool Allocation Gross Receipts National City County HdL State Q4'13` Change Change Change 121.4 6.1% 5.8% 6.0% 227.8 -0.9% 0.5% 1.4% 259.6 1.6% -1.0% 0.2% 88.3 17.2% -5.4% -0.5% 229.5 3.8% 7.9% 6.8% 51.8 -10.6% 37.7% 13.4% 54.8 107.9% 9.7% 7.8% 55.3 13.8% 344.1% 265.5% 1,106.1 6.8% 7.8% 9.4% 195.1 6.9% 7.8% 7.9% 191.4 -6.5% 6.8% -2.7% 69.2 1.9% 3.4% 5.8% 118.9 6.0% 8.4% 7.5% 89.8 29.9% 9.7% 16.5% 107.6 1.1% 1.5% 2.6% $3,576.6 5.3% 8.1% 8.7% $489.3 11.9% 14.9% 9.4% $4,065.9 6.1% 8.9% 8.8% CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 3, 2014 AGENDA ITEM NO. 17 TEM TITLE: Discussion of proposed agenda items for the June 25, 2014 Special Meeting of the National City City Council and the National School District Governing Board PREPARED BY: Leslie Deese, City Manager PHONE: 619-336-4240'. EXPLANATION: See Attached DEPARTMENT: City Manager APPROVED FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Provide direction to staff BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report Discussion of proposed agenda items for the June 25, 2014 Special Meeting of the National City City Council and the National School District Governing Board Discussion: Since 2004, the City Council and the National School District Governing Board have periodically met to maintain and open line of communication and discuss items of mutual interest. To help facilitate the dialogue, City and District staff met to discuss potential agenda items, and offer the following items for Council and Board consideration. 1. Overview of the City and District Strategic Plans, including upcoming ballot measures, capital improvement programs (CIP), deferred maintenance and alternative energy resources. 2. Update and discussion on City and District Grants, including Safe Routes to School, Paradise Creek, and opportunities for traffic enhancement at schools. 3. Update and discussion on City and District Emergency and Wellness plans. 4. Update and discussion on community partnerships, including the YMCA, ARTS — A Reason to Survive, and the Summer Matters Program. 5. Update and discussion on Student Government Days. 6. Update and discussion on City and District Technology and Communication plans. 7. Other Items of discussion. If there are additional items the Council would like to include on the joint meeting agenda, it would be appropriate to include them at this time. The meeting is proposed for Wednesday, June 25, 2014 at 6:30PM at the National School District Administrative Center, 1500 "N" Avenue, National City. CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT EETING DATE: June 3, 2014 AGENDA ITEM NO.18 ITEM TITLE: Resolution of the Community Development Commission- Housing Authority of the City of National City authorizing the Chairman to execute a Subordination Agreement allowing a new mortgage not -to -exceed $165,000 to be and remain a lien prior and superior to a home purchase assistance loan on a single -unit property located in National City. PREPARED BY: Carlos Aguirre, Comm. Dev. Manager` DEPARTMENT: using, Grants, & Asset PHONE: 619 336-4391 EXPLANATION: APPROV ageent The Community Development Commission -Housing Authority of the City of National ity (CDC -HA) made a loan for $19,400 from the Community Development Block Grant Program to Mark A. Brown and E. Isabel Brown on 5/29/2002 to assist in the purchase of a single-family residence located at 101 E. 9th Street in National City. The CDC -HA loan is an installment loan with an outstanding balance of $19,400.00. E. Isabel Brown ("Borrower") is interested in refinancing the first mortgage loan on the property and has been approved for a new loan with California Coast Credit Union ("Lender"). The Lender is requiring that the CDC -HA execute the attached subordination agreement allowing the new loan to hold superior position to the CDC -HA issued loan. The CDC -HA loan will maintain second lien position on the property. The purpose of the refinance is to reduce the interest rate paid to a fixed rate of 4.625% and there will be no cash proceeds to Borrower through the refinance. Staff has satisfactorily reviewed the combined loan- 'o-value, preliminary title report, new loan terms, and good faith estimate that outline the closing costs of the ransaction. The CDC-HA's legal counsel will be provided with the Deed of Trust for the new first mortgage and tinal Subordination Agreement to review and approve before the Subordination Agreement is executed by the CDC - HA. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this request. ENVIRONMENTAL REVIEW: Entering into the subordination agreement is exempt from environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends the adoption of a resolution to execute the Subordination Agreement. BOARD / COMMISSION RECOMMENDATION: There is no board or commission recommendation required for the Subordination Agreement. 4TTACHMENTS: 1. Draft Subordination Agreement Draft Subordination Agreement Attachment No. 1 RECORDING REQUESTED BY: Stewart Title of California, Inc. WHEN RECORDED MAIL TO AND SEND TAX STATEMENTS TO: Stewart Title of California, Inc. 7676 Hazard Center Drive Suite 1400 San Diego, CA 92108 ORDER NO. 01180-93880 ESCROW NO. 01180-93880 APN: 556-472-29-00 SPACE ABOVE THIS LINE FOR RECORDERS USE SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS Agreement, made 05/08/2014, by Isabel Brown, owner of the land hereinafter described and hereinafter referred to as "Owner", and Community Development Commission of the City of National City, present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary"; WITNESSETH THAT WHEREAS, Mark A. Brown and E. Isabel Brown, did execute a deed of trust, dated 05/29/2002, to Community Development Commission of the City of National City, as trustee covering: SEE EXHIBIT "A" ATTACHED HERETO to secure a note in the sum of $19,400.00, dated 05/29/2002, in favor of Community Development Commission of the City of National City, which deed of trust was recorded 05/31/2002, as Instrument No. 2002-0466155, Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the sum of $165,000.00, dated in favor of California Coast Credit Union, hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS,. it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable File No.: 01180-93880 CA Subordination Agreement A Draft Subordination Agreement Attachment No. 1 consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that: (a) He consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lenders loan; (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in inconsideration of, this waiver, relinquishment and subordination, specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (d) An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said deed of trust has by this instrument been subordinated to the hen or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN, A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. File No.: 01180-93880 CA Subordination Agreement A Draft Subordination Agreement BENEFICIARY: Community Development Commission of the City of National City Authorized Signer (Print Name) Authorized Signer (Sign name) State of Califomia County of San Diego On before me Notary Public (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s), whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OWNER: Isabel Brown State of Califomia County of San Diego On before me Notary Public (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s), whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature File No.: 01180-93880 CA Subordination Agreement A (Seal) (Seal) Attachment No. 1 Draft Subordination Agreement Attachment No. 1 EXHIBIT "A" LEGAL DESCRIPTION Lot 1 inclusive, in the City of National City, County of San Diego, State of California, according to Map thereof No. 14245, filed in the Office of the County Recorder of San Diego County, July 6, 2001. Excepting therefrom all interest of the CDC in oil, gas, hydrocarbon substances and minerals of every kind and character lying more than five hundred (500) feet below the surface, together with the right to drill into, through, and to use and occupy all parts of the site lying more than five hundred (500) feet below the surface thereof for any and all purposes incidental to the exploration for and production of oil, gas, hydrocarbon substances or minerals from said site or other lands, but without, however, any right to use either the surface of the site or any portion t hereof within five hundred (500) feet or the surface for any purpose or purposes whatsoever, or to use the site in such a manner as to create a disturbance to the use or enjoyment of the site, as reserved in that certain Grant Deed recorded July 13, 2001, as Instrument No. 2001-0485245, of Official Records. File No.: 0118D-93880 CA Subordination Agreement A RESOLUTION NO. 2014 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBORDINATION AGREEMENT ALLOWING A NEW MORTGAGE NOT -TO -EXCEED $165,000 TO BE AND REMAIN A LIEN PRIOR AND SUPERIOR TO A HOME PURCHASE ASSISTANCE LOAN ON A SINGLE -UNIT PROPERTY LOCATED IN NATIONAL CITY WHEREAS, the Community Development Commission — Housing Authority of the City of National City ("CDC -HA") made a loan for $19,400 to Mark A. Brown and E. Isabel Brown on May 29, 2002 to assist in the purchase a single -unit property located at 101 East 9th Street in National City (the "Property"); and WHEREAS, the CDC -HA loan has an outstanding balance of $19,400; and WHEREAS, E. Isabel Brown ("Borrower") is interested in refinancing the debt on the property and has been approved for a new loan with California Coast Credit Union ("Lender") that requires the CDC -HA to execute a Subordination Agreement allowing the new loan to hold superior position to the CDC -HA loan; and WHEREAS, Mark A. Brown, formerly married to E. Isabel Brown, is granting his full interest in title to the Property to E. Isabel Brown before the close of Escrow and will not be a borrower included on the new mortgage; and WHEREAS, the purpose of the refinance is to allow the Borrower to reduce the interest rate to 4.625% with no cash proceeds to the Borrower through the Escrow tied to the refinance; and WHEREAS, maintaining a second lien position pursuant to the Borrower refinancing to a lower interest rate without cash -out acts to further preserve and secure the CDC -HA interest in the Property. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission — Housing Authority of the City of National City hereby authorizes the Chairman to execute a Subordination Agreement in favor of a new First Trust Deed with California Coast Credit Union as the Beneficiary. After being recorded by the County of San Diego, said Subordination Agreement will be on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of June, 2014. ATTEST: Leslie Deese, Secretary Ron Morrison, Chairman APPROVED AS TO FORM: Claudia Gacitua Silva CDC General Counsel