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Home My WebLink About2010 04-06 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — April 6, 2010 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espartol se proporciona durante sesiones del Consejo Municipal. Los audiofonos 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 COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.qov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/6/2010 - Page 2 PROCLAMATION 1. Proclaiming April 2010 as: "CHILD ABUSE PREVENTION MONTH" PRESENTATIONS 2. A presentation on the status of homeless encampments in National City. (City Attorney) 3. FY 2010/2011 Budget Update (Finance) 4. Report by the National City Chamber of Commerce on. the San Diego Regional Enterprise Zone Program, Economic Development Loan Program, and San Diego State University Student Consulting Program. (Community Development) CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 5. Approval of the minutes of the Regular City Council/Community Development Commission Meeting of February 16, 2010. (City Clerk) 6. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 7. Resolution of the City Council of the City of National City supporting green building efforts that will lead to savings and increased efficiency in schools. (Mayor's Office) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/6/2010 - Page 3 CONSENT CALENDAR (Cont.) 8. Resolution of the City Council of the City of National City approving a plan for use of the amount of $908,556.49 available through Proposition 1 B funds for the National City's Street Resurfacing Project, and submitting said plan to the State Department of Finance. (Development Services/Engineering) 9. Resolution of the City Council of the City of National City approving and authorizing the recordation of an Encroachment Agreement with the Estate of Agnes Barber for the installation of 2 groundwater monitoring wells at 340 Palm Avenue along the centerline of Palm Avenue north of E. 4th Street. (Development Services) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Community Development Block Grant (CDBG) Subrecipient Agreement with Christmas in July National City extending the term to June 30, 2011 for the completion of an office construction project at 2101 Hoover Avenue. (Community Development) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Memorandum of Understanding between the City of San Diego Office of Homeland Security and the City of National City regarding FY09 Urban Area Security Initiative (UASI) grant funding. (Fire) 12. Resolution of the City Council of the City of National City authorizing reimbursable grant funds in the amount of $28,480 for equipment for the National City Police Department from the FY08 Urban Area Security Initiative Grant Program. (Police) 13. Resolution of the City Council of the City of National City awarding a contract to Palm Engineering in the amount not -to -exceed $54,500 and authorizing the Mayor to execute the Agreement for construction improvements for the Kimball Bowl Sod Project, Specification No. 09-19 (Funded by Park & Recreation Capital Outlay Fund). (Development Services/Engineering) 14. WARRANT REGISTER #35 Warrant Register #35 for the period of 02/24/10 through 03/02/10 in the amount of $949,700.84. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/6/2010 - Page 4 CONSENT CALENDAR (Cont.) 15. WARRANT REGISTER #36 Warrant Register #36 for the period of 03/03/10 through 03/09/10 in the amount of $1,433,850.95. (Finance) 16. WARRANT REGISTER #37 Warrant Register #37 for the period of 03/10/10 through 03/16/10 in the amount of $496,949.19. (Finance) PUBLIC HEARING 17. Public Hearing to consider adoption of Resolutions of Necessity for the acquisition of real property for the Plaza Boulevard Street Widening Project. (Development Services/City Attorney) **Companion Item #24** APN 557-250-12 APN 557-410-11 APN 557-322-14 APN 557-410-19 APN 557-322-09 APN 557-250-43 APN 557-420-33 APN 557-410-15 APN 557-322-11 APN 557-380-51 APN 557-420-35 APN 556-590-60 APN 557-250-40 APN 557-410-27 APN 557-420-30 APN 557-410-05 APN 557-410-17 APN 557-310-26 APN 556-590-51 (NatCity Holdings, LLC). (U.S. Bank NA, as Trustee of Lehman Brothers) (Pacific Castle Bay Plaza, LLC) (Nagraj, Inc.) (National Plaza, LLC) (Plaza Square, LTD) (Shriners Hospital for Children/American International Enterprise) (Orkin, Inc.) (Alliance Laundry Systems, LLC) (BDI-IV, LLC) (Kalesa Walk Corporation) & 556-590-61 (South Bay SPE, LLC) (Glenn Bathelor Trust) (Thrifty Oil Company) (Todd AI-Bayati/Samiya Abdul Sattar Kaddory) (Airtemio P. Puedan and Flora O. Puedan, Trustees) (Bruce M. Boogaard and Cynthia K. Boogaard) (Tracey Noel Miller, Trustee) , 556-590-54, 556-590-58, 557-322-10 (South Bay Plaza, LLC) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/6/2010 - Page 5 ORDINANCES FOR INTRODUCTION 18. An Ordinance of the City Council of the National City amending Title 7 of the National City Municipal Code by adding Chapter 7.34 pertaining to shopping cart containment. (City Attorney) 19. An Ordinance of the City of National City amending Title 7 of the National City Municipal Code by adding Chapter 7.35 pertaining to accepting recyclable items from shopping carts. (City Attorney) 20. An Ordinance of the City of National City amending Title 9 of the National City Municipal Code by adding Chapter 9.37 pertaining to the sale or distribution of Salvia Divinorum or Alvinorin A to people over the age of 18 years of age. (City Attorney) 21. An Ordinance of the City Council of the City of National City amending Title 10 of the National City Municipal Code by adding Chapter 10.15 pertaining to aggressive solicitation. (City Attorney) NON CONSENT RESOLUTIONS 22. Resolution of the City Council of the City of National City authorizing the Mayor to sign an Agreement with the City of Chula Vista for general animal control, shelter, and related administrative services for National City for a total not to exceed $377,730 for Fiscal Year 2009-2010, with options to extend for four (4) additional one (1) year terms. (Police) 23. Resolution of the City Council of the City of National City authorizing the City Engineer to execute and submit Program Supplement Agreement No. 0G79 to the State of California Department of Transportation to encumber $500,000 in State Safe Routes to School Funding for construction of a roundabout at the intersection of D Avenue and E. 12th Street (matching funds in the amount of $125,000 available through the Tax Increment Fund). (Development Services/Engineering) **Companion Item #36** NON CONSENT RESOLUTIONS (Cont.) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/6/2010 - Page 6 24. Resolutions of Necessity for the Acquisition of real property for the Plaza Boulevard Street Widening Project: APN 557-250-12 (NatCity Holdings, LLC). APN 557-410-11 (U.S. Bank NA, as Trustee of Lehman Brothers) APN 557-322-14 (Pacific Castle Bay Plaza, LLC) APN 557-410-19 (Nagraj, Inc.) APN 557-322-09 (National Plaza, LLC) APN 557-250-43 (Plaza Square, LTD) APN 557-420-33 (Shriners Hospital for Children/American International Enterprise) APN 557-410-15 (Orkin, Inc.) APN 557-322-11 (Alliance Laundry Systems, LLC) APN 557-380-51 (BDI-IV, LLC) APN 557-420-35 (Kalesa Walk Corporation) APN 556-590-60 & 556-590-61 (South Bay SPE, LLC) APN 557-250-40 (Glenn Bathelor Trust) APN 557-410-27 (Thrifty Oil Company) APN 557-420-30 (Todd AI-Bayati/Samiya Abdul Sattar Kaddory) APN 557-410-05 (Airtemio P. Puedan and Flora O. Puedan, Trustees) APN 557-410-17 (Bruce M. Boogaard and Cynthia K. Boogaard) APN 557-310-26 (Tracey Noel Miller, Trustee) APN 556-590-51, 556-590-54, 556-590-58, 557-322-10 (South Bay Plaza, LLC) (Development Services and City Attorney) **Companion Item #17*' NEW BUSINESS 25. Time Extension Request — Tentative Subdivision Map for the Division of A 1.41- acre lot into ten at the site of ten existing duplexes at 1205-1243 Fig Court. (Applicant: Robert Gulotta) (Case File No. 2010-03 TE) (APN 551-490-19) (Development Services/Planning) 26. Notice of Decision — Planning Commission approval of a minor Conditional Use Permit to allow operation of a sign shop within an existing commercial building located at 416 National City Boulevard. (Applicant: David Kenworthy and Mario Rodriguez) (Case File No. 2010-02 MCUP) (APN 555-041-09) (Development Services/Planning) 27. Temporary Use Permit — National City Chamber of Commerce's Taste of National City on May 6, 2010 at Brick Row Heritage Square from 4 p.m. to 7 p.m. This is a National City cosponsored event eligible for a $1,500 fee waiver. (Neighborhood Services Division) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/6/2010 - Page 7 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 28. Authorize the reimbursement of Community Development Commission expenditures in the amount of $717,381.39 to the City of National City for the period of 02/24/10 through 03/02/10. (Finance) 29. Authorize the reimbursement of Community Development Commission expenditures in the amount of $88,784.14 to the City of National City for the period of 03/03/10 through 03/09/10. (Finance) 30. Authorize the reimbursement of Community Development Commission expenditures in the amount of $20,576.17 to the City of National City for the period of 03/10/10 through 03/16/10. (Finance) 31. Resolution of the Community Development Commission of the City of National City (CDC) approving an Amendment to the Disposition and Development Agreement with San Diego Habitat for Humanity, Incorporated, allowing for first- time homebuyer promissory notes to be forgiven on the forty-fifth anniversary date of the recording of the Affordable Housing Resale Restrictions, Option to Designate Eligible Purchasers and Option to Purchase Upon Default Agreement (Resale Restriction). (Community Development) PUBLIC HEARING 32. Public Hearing - Community Development Commission of National City) Section 8 Rental Assistance Division Public Housing Agency Plan Five -Year Plan for Fiscal Years 2010-2015 Annual Plan for Fiscal Year 2010 and the Section 8 Administrative Plan; and authorizing the submittal of the PHA Plan to the U.S. Department of Housing and Urban Development. (Community Development Housing and Grants Section 8 Program) **Companion Item #33 and #34** CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/6/2010 - Page 8 NON CONSENT RESOLUTIONS 33. Resolution of the Community Development Commission of the City of National City (CDC) approving the Section 8 Five Year (Fiscal Years 2010-2015) and Annual (Fiscal Year 2010) Public Housing Agency (PHA) Plans; and authorizing the submittal of the PHA Plan to the U.S. Department of Housing and Urban Development. (Community Development Housing and Grants Section 8 Program) **Companion Item #32 and #34** 34. Resolution of the Community Development Commission of the City of National City (CDC) approving revisions to the Section 8 Administrative Plan and authorizing the submittal of the Plan to the U.S. Department of Housing and Urban Development. (Community Development Housing and Grants Section 8 Program) **Companion Items #32 and #33** 35. Resolution of the Community Development Commission of the City of National City (CDC) approving a Tidelands Use and Occupancy Permit with the Port of San Diego at no cost to the Community Development Commission, to allow continued operation of the National City Aquatic and Education Center out of temporary facilities at Pepper Park. (Redevelopment Division) 36. Resolution of the Community Development Commission of the City of National City (CDC) authorizing the appropriation of $125,000 in Tax Increment Funds for the City's Safe Routes to School Project for construction of a roundabout at the intersection of D Avenue and E. 12th Street. (Development Services/Engineering) **Companion Item #23** STAFF REPORTS 37. Closed Session Report (City Attorney) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 4/6/2010 - Page 9 MAYOR AND CITY COUNCIL ADJOURNMENT Adjourned Regular Joint Meeting with the City of National City and the National School District — Tuesday — April 13, 2010 — 6:00 p.m. — Council Chambers — National City, California Regular City Council and Community Development Commission Meeting - Tuesday — April 20, 2010 - 6:00 p.m. - Council Chambers - National City, California ITEM #1 /6/10 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 3, 2010 AGENDA ITEM NO. 2 EM TITLE: A Presentation on the Status of Homeless Encampments in National City PREPARED BY: Jodi L. Doucette DEPARTMENT: City Attorney PHONE: 336-4412 APPROVED BY: EXPLANATION: During these times of economic strife, homeless encampments commonly exist in cities. Recently, some cities in California have been sued over their efforts to control and abate such encampments. The City of National City's Homeless Committee has developed a comprehensive approach to addressing homelessness -related issues in the City, including clean-up of sites, property relocation, resource referrals, and community and City outreach. As a result of the Committee's efforts, a City Administrative Policy has been drafted. By following this Policy, the City can perform its proper function in controlling and abating homeless encampments, while acknowledging the rights of persons who are homeless. Appearing on this agenda for introduction are three ordinances that are being proposed to address certain issues related to homelessness. One ordinance deals with aggressive solicitation, and the other pertain to the regulation of shopping carts. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: I I FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: File. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ITEM #3 4/6/10 FY 2010/2011 BUDGET UPDATE (FINANCE) STING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT April 6, 2010 AGENDA ITEM NO. 4 ITEM TITLE: Report by the National City Chamber of Commerce on the San Diego Regional Enterprise Zone Program, Economic Development Loan Program, and San Diego State University Student Consulting Program PREPARED BY: Alfredo Ybarra PHONE: 619 336-4279 EXPLANATION: DEPARTMENT: C APPROVED BY: ity D elopment On March 12, 2009, the Community Development Commission (CDC) entered into and agreement with the National City Chamber of Commerce, a 501 (c)(3) non profit organization, and the National City Chamber of Commerce Foundation, a 501 (c)(3) non profit organization. The National City Chamber of Commerce agreed to provide economic development services for businesses located in the City of National City. The National City Chamber of Commerce presents an up to date report to the CDC on the administration of the San Diego State University Technical Assistance Program, the Enterprise Zone Program, and the Economic Development Loan Program by the National City Chamber of Commerce. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Not applicable ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and file report per Contract Agreement BOARD / COMMISSION RECOMMENDATION: Not Applicable :HMENTS: r e pvrt by National City Chamber of Commerce 4/6/2010 ECONOMIC DEVELOPMENT PROGRAMS This document presents an up to date report to the City of National City's Community Development Commission and its Board of Directors on the administration of the San Diego State University Technical Assistance Program, the Enterprise Zone Program, the Debt Retirement Campaign, and the Economic Development Loan Program by the National City Chamber of Commerce. Economic Development Programs Economic Development Programs REPORT TO CITY COUNCIL, CITY OF NATIONAL CITY APRIL 6, 2010 AGREEMENT OVERVIEW On September 16, 2008, the Community Development Commission of the City National City (CDC) voted to approve the execution of an Agreement with the National City Chamber of Commerce (NCCC) to administer the City's Economic Development Programs for $50,000 and up to $70,000 to retire the debt on the Chamber's office building. On March 12, 2009, the CDC entered into an agreement with the National City Chamber of Commerce, a 501 (c) (6) non-profit organization, and the National City Chamber of Commerce Foundation, a 501 (c) (3) non-profit organization. The National City Chamber of Commerce agreed to provide economic development services for businesses located in the City of National City. Alfredo Ybarra, Community Development Manager for the City's Housing and Grants Division is the Project Coordinator for the CDC. Jacqueline L. Reynoso is the Project Director for the National City Chamber of Commerce. On January 28, 2010, the CDC issued an extension to the agreement between the CDC of the City of National City and the National City Chamber of Commerce. The extension is for a term to end June 20, 2010. At the sole discretion of the CDC Executive Director, this agreement may be extended for an additional 48 months if warranted. REPORT OVERVIEW This report reflects the Chamber's administrative activity since September 1, 2009 to March 31, 2010. The previous report submitted to City Council, dated September 1, 2009, covered program activity as of September 16, 2008 to September 1, 2009. Per the Agreement with CDC, the next report will be submitted to City Council in September of 2010. San Diego State University (SDSU) Technical Assistance Program Program Summary The National City Chamber of Commerce (NCCC), City of National City, and SDSU's College of Business Administration have teamed up to offer a mutually beneficial service to small businesses located within the redevelopment areas of National City. Working with the NCCC, SDSU offers free consulting services to small business owners in National City. The consultations are provided by senior level and graduate business students. Consulting teams (typically three to four students) provide detailed recommendations to improve business performance, increase taxable sales, and increase marketing presence. The consulting process is generally three months. National City Chamber staff and two business professors from SDSU oversee the whole process. Participating businesses are eligible for a forgivable loan of up to $15,000 from the CDC of National City to implement the recommended business improvements. Page 1 Economic Development Programs Program Update Administration: Since the program's implementation in late 2008, the NCCC has fulfilled its responsibilities in administration of the SDSU Technical Assistance Program. The NCCC has served as a direct liaison with SDSU Program Staff. Chamber staff responds to all program inquiries via email, phone, written correspondence and site visits. The Chamber also hosts the SDSU Technical Assistance Program workshops, student presentations, and business consultations. NCCC Staff works directly with the CDC Executive Director and SDSU student team leaders and professors to evaluate program applications and select program participants. Outreach: The NCCC actively markets the program to National City businesses through monthly mailers, Chamber Newsletter (winter 2009 and spring 2010), monthly membership outreach walks, Chamber breakfast meetings, Chamber website, and Membership Orientation workshops. Program outreach is not limited to Chamber members; the program is equally promoted to non-members at every Chamber and community event in National City such as the Annual Bayfront Business Expo, Automobile Heritage Day, Salute to Navy, Taste of National City, and at various networking events throughout National City. Participation: Since the Fall of 2009, the following 13 businesses have participated in the SDSU Technical Assistance Program 1) San Diego Hydraulics 2) AV Guys 3) South Bay Bicycles 4) Award Sign and Awning 5) Elizabeth's Flowers 6) Birrias Chivos and Cheves 7) De Laura Wigs 8) Ethnic Deli Cafe 9) H & P Auto Incorporated 10) Hair Bailers, LLC 11) Mailbox Express 12) Skate San Diego 13) San Diego Leather Company. See ATTACHMENT 1 for a complete list of Program Participants from fall 2009 to spring 2010. The estimated market value of each consultation per business is approximately $5,000-7,500. Businesses receive consulting for free. This service is an excellent benefit to the National City business community. The NCCC and SDSU have scheduled final student presentations for the spring semester cohort of participating businesses on May 7, 2010 at the National City Chamber Conference facility. City Council and management are invited to attend. San Diego Regional Enterprise Zone Program Program Summary The San Diego Regional Enterprise Zone (SDREZ) was established in 2006. It is a regional economic development program incorporating portions of the City of San Diego's Third, Fourth, Seventh and Eighth Council Districts, a significant portion of the City of Chula Vista and the majority of the City of National City. The major benefits of the Enterprise Zone Program are the tax savings on California business income tax: • Sales or Use Tax Credit: A tax credit against the purchase of new manufacturing, assembly, data processing or communications equipment equivalent to the amount of sales or use tax, or up to $1.35 million annually. • Hiring Credit: A tax credit on up to 50 percent of the wages to qualified new employees over a five-year period (up to 50 percent in the first year, 40 percent in the second year, etc.). This credit could exceed $37,000 per eligible employee. • Accelerated Depreciation Deduction: The option to accelerate depreciation on business property. A business may treat 40 percent of the cost of qualified property as a business expense in the first year it is placed into service for a maximum deduction of $20,000 per year, whichever is smaller. Page 2 Economic Development Programs • Net Interest Deduction for Lenders: Allows lenders a deduction on the net interest earned from loans made to Enterprise Zone businesses. Qualified loans include business loans, mortgages and loans from noncommercial sources. Program Update Administration: The Enterprise Zone program is a business recruitment and retention tool. The NCCC serves as a direct liaison to CDC/ City staff and SDREZ team partners including representatives from the City of Chula Vista, San Diego, and the San Diego Unified Port District. NCCC works collaboratively with City staff on business recruitment efforts including planning and implementation of City tours, review of City business incentives, presentations to prospective businesses, and follow up on business recruitment efforts. Chamber staff responds to all program inquiries via email, phone, written correspondence, site visits, one on one consultations, and workshops/ presentations. Outreach: Since the fall of 2009, the NCCC has provided program outreach to local businesses throughout National City, as well as to prospective businesses interested in relocating to National City. The NCCC actively markets the program to National City businesses through monthly mailers, Chamber Newsletter (winter 2009 and spring 2010), monthly membership outreach walks, Chamber breakfast meetings, Chamber website, and Membership Orientation workshops. Program outreach is not limited to Chamber members; it is equally promoted to non-members at every Chamber and community event in National City such as the Annual Bayfront Business Expo, Automobile Heritage Day, Salute to Navy, Taste of National City, and at various networking events throughout National City and the San Diego region. Output: Over 90% of National City business quality for the Enterprise Zone tax credits. Since September of 2009, the NCCC has conducted 5 presentations and workshops/seminars and has reached more than 900 business contacts. See ATTACHMENT 2 for a complete list of Enterprise Zone presentations covering the period September 1, 2009— March 31, 2010. In 2008, 46 National City based companies submitted hiring credit vouchers. From those participating companies, 390 hiring credit voucher applications were submitted and 374 were approved. In that same year, 65 new positions were created by companies submitting hiring credit vouchers and 309 positions were retained. The potential first year in Enterprise Zone tax credits for community investment by National City businesses is over $3 million in 2008. In 2009, 78 National City based companies submitted hiring credit vouchers. From those participating companies, 810 hiring credit voucher applications were submitted and 788 were approved. In 2009, 270 new positions were created by companies submitting hiring credit vouchers and 518 positions were retained. The potential first year in Enterprise Zone tax credits for community investment by National City businesses is over $7 million in 2009. From 2008 to 2009, the City of National City experienced a 69.57% growth in the number of companies submitted vouchers; a 1 10.7% growth in the number of vouchers approved by the California Department of Housing and Community Development (HCD); a 315.38% growth in the number of new positions created; and 67.64% growth in the number of positions retained. As a partner in the enterprise zone, we expect to continue growing the number of participating companies and increase vouchering activity through our outreach efforts. Table 1 below shows a summary of Hiring Credit Voucher Activity in 2008 compared to 2009. Page 3 TABLE 1: Hiring Credit Voucher Activity (2008 vs. 2009) Year Number of Companies Submitting Vouchers 46 78 69.57 % Economic Development Programs Vouchers New Positions Retained Positions Approved 374 788 110.7% 65 270 315.38 % 309 51-8 67.64 % See ATTACHMENT 3 for detail on 2008 and 2009 SDREZ Hiring Credit Voucher Activity. Debt Retirement Campaign Project Summary The National City Chamber of Commerce Foundation committed to retire the debt on the Chamber building in order to free up a large portion of its operating expense, approximately $2,000 monthly, and entrust to economic development. The goal was to raise $140,000. The CDC agreed to match up to $70,000 in contributions toward the debt retirement campaign with an effective date of January, 2008. The NCCC Foundation was given 5 years from the date of the Agreement between CDC and the NCCC Foundation, March 12, 2009, to retire the debt. Project Update Administration: Per the contract with the CDC, the NCCC Foundation opened a separate Foundation bank account at Neighborhood National Bank to track all grant funds received and contributions made to the debt retirement campaign. Matching funds from the CDC were restricted for use by the NCCC Foundation to the payment of the mortgage on the Chamber building. Implementation: The NCCC Foundation established a committee to retire the Chamber's building debt comprised of John Pasha — Pasha Automotive Services, Weldon Donaldson — Mile of Cars Association, John Snyder — EDCO Disposal Corporation, Ed Plant — San Diego Cold Storage, Ditas Yamane — The Phone Shop, and Jacqueline Reynoso — National City Chamber of Commerce. Golf Tournament: The NCCC Foundation held the first Annual National City Chamber of Commerce Foundation Golf Tournament in memory of Mayor Kile Morgan on Monday, August 31, 2009 at the Sycuan Resort (formally Singing Hills) golf course. All proceeds from the tournament went toward retiring the building debt. All contributions were tax deductible. The Committee sent out letters requesting support to all chamber • members; the Committee marketed the debt retirement campaign to local business leaders, Chamber members, golf enthusiasts, and corporate sponsors via email, mailers, personalized letters, website promotion; and the Star News ran a special 5 page section exclusively on the debt retirement campaign and the Foundation's Golf Tournament. Page 4 Economic Development Programs Output: As of November 10, 2009, the NCCC Foundation received $72,885.00 in debt retirement contributions. On November 24, 2009, the City of National City issued a matching funds check payable to the NCCC Foundation for $70,000.00. On December 4, 2009, the NCCC Foundation paid off the building debt, marking a historic accomplishment for our respective organizations. Economic Development Loan (EDL) Program Program Summary The Economic Development Loan (EDL) Program, formerly called the Community Benefit Loan Program, is designed to assist local businesses with financing for projects that help to improve business activity and stimulate the overall economic vitality of the City. The EDL program will provide a forgivable loan to qualified business of up to $15,000 with available terms of up to 5 years. The loans are forgiven if the business owner continues to maintain the business and/or property pursuant to the loan documents and the business is not sold within the terms of the note. The EDL Program was developed to promote commercial business opportunities, encourage reinvestments by property owners and commercial tenants, and most importantly, grow the business's taxable sales. Program Update Administration: NCCC staff administers the EDL program in partnership with the City of National City, the Small Business Development and International Trade Center (SBDITC), and the SDSU College of Business Administration. The Chamber's partners assist with evaluation of loan requests, conduct business consults, and assist business owners with the preparation of loan applications. The NCCC processes all loan applications, drafts all loan agreements for the City Attorney's review, meets with loan applicants on a one to one basis, prepares follow up letters to loan applicants (ex. denial, request for more information, approval, conditional approval, etc.), monitors loan disbursements, conducts site visits, and maintains confidential files. All projects and loan requests must be formally reviewed by the EDL Program Loan Committee, and approved by the Executive Director of the CDC. Chamber staff responds to all program inquiries via email, phone, written correspondence, site visits, individual consultations, and workshops/ presentations. NCCC serves as the program liaison to City staff including the City Attorney' Office, City Clerk, and Executive Director of the Community Development Commission. The Chamber developed a standard checklist and monitoring schedule to track business performance for loan recipients including sales tax generation, job creation, and business improvements. See ATTACHMENT 4 for a copy of the Loan Request Summary Sheet. The Chamber also developed a Work Confirmation and Disbursement Request form for loan recipients. See ATTACHMENT 5 for a copy of the Work Confirmation and Disbursement Request form. Outreach: The NCCC actively markets the program to National City businesses through monthly mailers, Chamber Newsletter (winter 2009 and spring 2010), monthly membership outreach walks, Chamber breakfast meetings, Chamber website, and Membership Orientation workshops. Program outreach includes promotion at every Chamber and community event in National City such as the Annual Bayfront Business Expo, Automobile Heritage Day, Salute to Navy, Taste of National City, and at various networking events throughout National City. Page 5 Economic Development Programs Output: Since September of 2009, the Chamber hosted three (3) EDL Program Workshops to businesses that submitted an Intent to Apply form. These workshops were held on September 11, 2009, December 4, 2009, and December 11, 2009. The NCCC hosted two EDL Loan Committee meetings on August 4, 2009 and January 22, 2010 to review loan applications. Since September of 2009, 3 businesses have been approved for the EDL program. A total of $27,351.36 has been committed for the loan funds since that date. 2009-2010 Approved Loans The businesses below have received loan approval. • CPP Printing & Direct Mail Marketing - $6,351.36 to repair printer equipment for more efficient operations and implementation of direct marketing to increase taxable sales. • One Ten Market and Liquor — $10,000 to implement marketing and advertising program, implement new signage, and complete exterior paint improvements. • Birrias Chivos and Cheves - $1 1,000 to implement marketing and website design/ hosting, new store signage, QuickBooks seminar and set-up/ installation, secure local festival booth(s), and purchase new equipment. CONCLUSION The National City Chamber of Commerce looks forward to a continued working relationship with the City of National City and the CDC. The Chamber's mission is to increase opportunities for businesses and to represent its members in matters related to business, government and community relations. The Chamber will continue to support and promote the City's economic development through educational workshops, public forums, technical assistance, promotional activities, special events, business advocacy, and an active Visitor's Information Center. Page 6 FALL 2009 Participatfng Businesses Business Name Student Consultant Student E-mail San Diego Hydraulics AV Guys South Bay 81cyces AwardSign and Awning Elizabeth's Flowers PM: James Johnson Ryan Troha Tim Jakob Roselle M PM: Wesley Martin,, Zach McBefh Michael Bus Jacqueline Gednez PMs Veronica Sepias.' Jose Covartubiai Brian Carrftrr Bailey Busch PM: Ratko Ando Ashley Ahtgren Breanne Potockl Katherine Weatherwax PM:'Marlssa Felton Bryan Kodish Alison Baker Student Phone Number Jiohn3760fa1cox,net (619) 504-9121 lnahaCr4t'dhan-sdsu.edu (558) 342,9872. timakabCsvahoo;corn (858) 722-9975 mentesde fdl toharjjdsu:e du (619) 42,0 2906 wtm sdsu(4m&I cam 2 n c-bettitOlgmalLconl< tnichaelbus satrnvway. co 80dinazgavahoo.com vsepien686@shcglobai., net )oede0610.yelloo.cotn tahcpine@hotmail.com: baileybusch@}gmaf Lcosn relko.a@gmaii.corn sneaky.jetlyfish@gmail.c om bree.sdsu@gmail. com kdmb_200443yahoo.to 619-313.'3363 707t94340A1"' 206.683 9442i •6190516-9"781" `'- (619) 876409 0)19) 441-76'06' (530) 3$6 2717 (858) 33 -4910 858-829-9866 619-8186133 858,344.8935 858-525=5015 rnfelton884yahoo-com (805) 462-5170 bkodish@gmail.com (818) 521-4532. altcat004kaatcom (818) 21_9'-5088:- GA Zachary Markham 'Zachary Markham zach atrarkhamlavahoo-corn (281) 387.7327 GA -Mall GA Phone zach rarkharr Vahoo.com (281) 387.7327 Kyle;Griff(th ,W•k.$Y#ffththotrttail.com (805) 427-4784 Kyle Griffith w.k.gri @.hotmait.com (805) 427-4784 Kimberly Carter klmberly,carter85@gmall.com (619) 200-4778 ATTACHMENT Birrias, Chivas, Chivas De Laura Wigs Spring 2010 Participating Businesses Fary Zareh PM: Dana Crown Marla Chousal Scott Pollard PM; Joe BOW' Gabriela Aguttera Nicole Jabin Elizabeth Wages faryzareh@yahoo.corn dana12870yahoo.com ferhousainhormalLco 111 srnooliardAvrnalLcom borso.kmoh,sdsuMgnitai Lcorn gebbyaguiteraghorrnaik nickyjabln@grnail.corn ev.41tigesggmaii.corn (949) 204-7475 760-207-0849 858:5349775 805-705-6325 85%232i9181 562-305-6404 858-344-4129 707-334-1137 Kiran Keshav kirankbhatAgrnall.corn 858-205-8004 Shreyos shrevas.bhat,.. grnail.corn 818-297.4907 Business Name Et h nic Deli H&P Auto Incorporated Student Consultant Kayla Anthony -PM Max Hese Ana nd Subramanian Patrick Coldwell Justin Archuleta -PM Max Deschamps Ryan Sladich Sean Bascom Hair Bailers. LLC / Studio Qeautl Joyce Foust ,,PM Josh Chasse Jasmine (Bare Melissa 'FilaVer Mailbox Xpress Student E-mail kavia.anthonvcsegrnali.co maNhasenernall-torri anand6689cityahoo.corn pco1weitgagyahoo.corn justin.archuiertagi2gman.c deschamos67Agmail con rvan.sladfchAvahots.corr in bascornayahoo corn jovces email aol.torn icha$seVAginaUorli javeriverattlaynalhcom rrinfeaverniehobitorn dianabeleAvahoo,com Josh Van Lente IYalentertilhotmailxonl Diana Betalcazar Student Phone Number 916-233-5499 760443-8581 408-48%4237 562547-6398 619.592-2992 925-895-3565 714-614-6522 619-916-9179 858-829-7/385 701-769-9873 619-5494361 559909-3433 619929-5742 530-6044147 GA GA %Me Alison Baker a iicatOOnacricoin James Johnson Jjohn3760@cox.net Reiko Ando reiko.arggmail.com Rorko Ando relko.a@grnaii.corn GA Phone (818) 21%5888 Skate San Diego San Diego Leather Jun Yang yaneiun91932t vehoo.cc:858-405.9168 Yufan (Frank) Lin jvf71871801hotmail,rofZ 646.288-6657 Victoria Mametl Jonathan Aguon Nicole Arena Jesse Dancy Logan Franey -PM Andrew Duarte Steven Godoy Mira Woermann Alex Wolfe M avmametlda¢o ,net 619-6684234 guar longvahoo cam 619-204 6i765` su_perriffdel19itaaoiconn 661-993.7708 jgltedarirvsAivahoo.corn 619-255-6400 iagen.franautttlgmail,com 925.212-8608 cao(tel4md ginaif.com 95130647827 ;tevetrxOdaytahotrnait;i 323.240 2091 woenna nn82 h4eot.coal 858.692.551'9 wotfeamta2vahoa.com 7613,47. -6995 alley t0002aol.com: Alison Baker abaker4t84gmaiLcom James Johnson JJohn3760©cox.net (B18) 219-5888 Enterprise Zone r caeotatiOng SePternber 1, 2009 - March 31, 2010 Titk Presenter Locat7csn.' Date Attendance Bayfront Expo and Concert NCCC Staff Pepper Park, National City, CA 9/1 /2009 500 State of the Chamber Address NCCC Paradise Village, 2700 East 4th Street, NC, 91951 12/17/2009 145 Enterprise Zone Workshop Presentations By FTB & IRS NCCC/SCEDC South County Regional Education Center, 800 National City Blvd. 1/22/2010 115 Enterprise Zone Workshop/ Brownfield Revolving Loan Fund NCCC/ Cal Tax Group/ CDC of NC Paradise Village, 2700 East 4th Street, NC, 91950 1/28/2010 62 Business Tax Preparation / EZ Tax Credits NCCC / US Tax Credits/ Liberty Tax Service Paradise Village, 2700 East 4th Street. NC, 91951 2/25/2010 28 AL 850 ATTACHMENT 2 2008-Z009 Calendar Year National City Enterprise Zone National City Hiring Credit Voucher Activity 2008 Number of Companies Submitting Vouchers 46 Small Companies (=<50 employees) 11 Medium Companies (=>51 8i= <500 employees) 17 Large Companies (=>501 employees/includes corporations with multiple sites) 18 Unknown 0 Total Voucher. ActivitV 2009 78 2007 2008 46 11 17 18 0 2009 78 Approved 374 788 61 372 788 1221 Denied 21 22. 1 19 22 42 Total 395 810 62 391 810 1263 Wage) ni9Lmtj.9.1 Average Hourly Rate $12,47 $1062 $8.50 $12.51 $10.62 Ave Hourly Rete Compared to Min. Wage ($8,00) 155.88% 132.75% 106.25% 1i56.38% 132 75% High Houdy Rate $55..28 $00.00 $19.04 $55.28 $60 00 Low Hourly Rate Minimum Minimum Minimum Minimum Minimum New vs Existing Job Information New Positions 65 «27Q 67 270 Percentage of New Posons 17 38°/6 34.26% 18.01% 34 26% Existing Positions 309 518 305 518 Percentage of Existing Positions 82.62% 55.74% 81 . 99% 65 74% Total Positions 374 766 372 78E Employee Categories Vouchered: Disabled individual/service-connected disabled veteran 0 0 0 Dislocated worker 1 0 1 Ex -offender 14 24 0 14 24 Indian Tribe tVlornber 0 0 0 Low income 4. 18 0 4 18 Public assistance recipient 2 0 2 Self employed 0 0 0 iTE,A, 345 68 58 345 688 Veteran 9, 12 •0 9 12 Vocational Rehabilitation 0 0 0 VOA ell91121.eiferledited 0' 0 0 WOICANTW 2 43 1 2 43 TOTAL 374 788 59 374 788 missing 2 unknown Report includes voucher activity In the SOREZ and for the expiredlouth Bay E2"anif tVretrOiEZ Complied Jelt1.1,y 2010 ATTACHMENT n ec p t Description: Project Item Project tem 2: oject Item 3 Total Project Cost BASED tile: LOWEST LOCAL BID: Business Improvements Bid 1: r 2009 Economic Development. Loan (EDL Program Loan Request Summary Sheet nd0r: d 3. Vendo Description: Implemented {independentof loan funds received) Ih. Business Name: Bid 2: Vendor: Bide: o$ Vendor: Bid 2: Rid 3: Vendor: Bid 3: Vendor: £3d 3: Vendor: Vendor,, LOWEST SID: Vendor: LO $ Vendor: LOWEST BID Vendor: Vendor: Vendor: Business investment ATTACHMENT 4 Student Recommendations Met to Date 1. 2. 3. 4. Collateral Pledging Collateral 1. Approx. Value: $ Collateral 2: Approx. Value. $ Collateral 3: Approx. Value: $ TOTAL VALUE OF COLLATERAL $ Sales Tax Generated 2007. $ 2008: $ 2009 $ 2010 $ Jobs Created / Retained l.A.1 2007 # of FT 2008 # of FT 2009 # of FT 2010 # of FT # of PT #of PT # of PT # of PT OTHER NOTES: OTHER NOTES: Date: Work Confirmation and Disbursement Request Form Community Development Commission (CDC) of National City Economic Development Loan (EDL) Program Request # (Indicate 1 for first request, 2 for second request, etc.) Borrower: Cell Phone: Make Check Payable to: Signature: FIX Funds are requested for reimbursement of loan approved expenses only. Reimbursement payment shall be made to the borrower on record. Payment to vendors, suppliers, or contractors are permissible only in cases where the borrower cannot pay for the item up front, in which case, the vendor/ contractor must verify all cost and sign this florin to validate the amount of actual invoice, consistent with the loan documents. Vendor must also present u cornokted W-9 FOrtri and attach it to this document. Supporting documentation (invoice, receipt, work order, etc.) is/ are attached for the item(s) listed below. Reimbursable Item Amount Total Disbursement Requested $ $ Project work has been inspected and confirmed to be consistent with use of funds approved in the EDt loan documents. Approved by Date: NCCC Project manager Signature ATTACHMENT 5 ITEM #5 4/6/10 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF FEBRUARY 16, 2010. (CITY CLERK) ITEM #6 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption 4/6/10 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." ® Recycled Paper CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. EM TITLE;. Resolution of the City Council of the City of National City supporting Green Building efforts that will lead to savings and increased efficiency in schools PREPARED BY: Mayor Morrison DEPARTMENT: Maysy''s Office PHONE: 336-4325 APPROVED BY: EXPLANATION: The mayors of South County and the City of San Diego have joined the Mayors' Alliance for Green Schools. With the adoption of city-wide resolutions that call for all school construction to employ green building practices, all four cities will pledge and become members of a national coalition of 30 mayors seeking to promote the benefits of green schools in their respective cities. Green schools create a healthy environment that is conductive to learning while saving energy, resources, and money. They create a learning environment that supports student learning through improvements in site selection, day lighting, indoor air quality, thermal comfort, acoustics, and classroom design. Green schools also use an average of 30-50% less energy and do not cost more to build than conventional schools. As part of the alliance, the mayors will participate in national mayoral discussions regarding public -private partnerships to fund green schools; city-wide legislative changes to encourage stainable building; student -let initiatives for greening schools; and learn about successful local efforts ielp make green, healthy schools a national priority. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt proposed resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: posed resolution. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING GREEN BUILDING EFFORTS THAT WILL LEAD TO SAVINGS AND INCREASED EFFICIENCY IN SCHOOLS WHEREAS, deteriorating school infrastructure and poor indoor environmental quality threaten the health, well being, and achievement of staff and students; and WHEREAS, "green schools" are schools that create a healthy environment that is conducive to leaming while saving energy, resources, and money; and WHEREAS, green schools create a learning environment that supports student learning through improvements in site selection, day lighting, indoor air quality, thermal comfort, acoustics, and classroom design — all of which have an important impact on a child's ability to learn and a teacher's ability to teach; and WHEREAS, the benefits of superior indoor air quality — a key emphasis of green schools - have been linked to lower asthma rates, fewer allergies, reduced absenteeism, and increased teacher retention rates; and WHEREAS, green schools use an average of 30-50% Tess energy and do not cost more to build than conventional schools; and WHEREAS, green schools cost Tess to operate, utilize durable materials, and greatly reduce water and energy use, which generates significant financial savings; and WHEREAS, green schools provide an educational experience that transcends the classroom by crating a host of opportunities for curriculum innovation and hands-on, project based learning in which the building itself becomes an interactive teaching tool; and WHEREAS, green buildings allow schools to open their doors to the community in new ways. By increasing accessibility of their facilities and resources and through hands-on lessons about sustainability and environmental stewardship, green schools serve as valuable and dynamic community centers. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City here y supports green building efforts that will lead to savings and increased efficiency in schools, thus, improving the quality of life of the members of our community. PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, Ill City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 8 'EM TITLE: Resolution of the City Council of the City of National City approving a plan for use of the amount of $908,556.49 available through Proposition 1 B funds for the National City's Street Resurfacing Project, and submitting said plan to the State Department of Finance PREPARED BY: Din Danesh PHONE: 336-4387 EXPLANATION: See attached explanation. DEPARTMENT: Devel• • ent S- • ices/ E �' �• i ion APPROVED BY: FINANCIAL STATEMENT: APPROVED: `_ Finance ACCOUNT NO. APPROVED: MIS None at this time. If funding is received during FY 09/10, appropriations in the amount of $908,556.49 will be established in account 346-409-500-598-6035 and revenue will be recognized in account no. 346-00000-3463. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: tesolution Application and its attachments 1b EXPLANATION: On February 17, 2010 an e-mail was received from the State of California Department of Finance (DOF) providing instructions for receipt of Proposition 1B Local Streets and Roads Improvement, Congestion Relief and Traffic Safety Account Funds for the City of National City. The 2009 Budget Act appropriates a total of $700 million, including $258,205,000 for cities and $441,795,000 for counties, which represents the remaining balance of Proposition 1B Local Streets and Roads funding. The City of National City has three fiscal years from the date of allocation to expend the funds, so all funds must be spent by June 30, 2013. The funds the City is applying for are in the payable amount of $908,556.49. National City's share was calculated based on its population. To receive funds, the City Council of the City of National City must approve a plan for use of its share of the 2009-10 Appropriation as calculated by the State Controller's Office (SCO). The plan was approved during the Fiscal Year 09-10 budget process. The City was notified that the funds would not be disbursed during 09-10 fiscal year and therefore the allocation was removed during the mid -year budget review process. Although the funds have been previously earmarked, the mid -year process un-appropriated the allocation. This resolution will again approve the plan to expend the Proposition 1B funds to resurface and overlay the streets and to repair curbs, gutters, cross gutters, sidewalks, driveways, pedestrian ramps, stripping and signage in National City. After the date of this action the submitting official must email the application form that includes the date of adoption by the City Council as an attachment to DOF. DOF will review each plan for completeness, and then notify the SCO that completed plans are received. The bond language of Proposition IB in part states that the proceeds can be used for "projects that will assist in reducing local traffic congestion and further deterioration improving traffic flow, or increasing traffic safety that may include, but not be limited to, street and highway pavement maintenance, rehabilitation, installation, construction and reconstruction of necessary associated facilities such as drainage and traffic control devices". Therefore, the plan is to use these funds to resurface and overlay the streets and to repair curbs, gutters, cross gutters, sidewalks, driveways, pedestrian ramps, stripping and signage in National City. Engineering Staff has currently identified approximately 50 sections of streets in the City for resurfacing improvements. The improvements have been based on the City's current Pavement Management Program and professional pavement surveyor recommendations. These funds will support only a part of the City's Street Resurfacing Project expenses. Engineering Staff recommends that the City Council approve this plan for use of the available Proposition IB funds for the City as determined by the SCO. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE PLAN FOR THE USE OF $908,556.49 IN PROPOSITION 1B LOCAL STREETS AND ROADS IMPROVEMENTS, CONGESTION RELIEF AND TRAFFIC SAFETY ACCOUNT FUNDS FOR THE NATIONAL CITY STREET RESURFACING PROJECT, AND AUTHORIZING THE SUBMITTAL OF SAID PLAN TO THE STATE OF CALIFORNIA DEPARTMENT OF FINANCE WHEREAS, on February 17, 2010, the City received notification from the State of California Department of Finance ("DOF") of the availability of Proposition 1 B Local Streets and Roads Improvements, Congestion Relief and Traffic Safety Account Funds; and WHEREAS, based on the City's population, the City of National City is eligible for funds in the amount of $908,556.49, which are required to be spent by June 30, 2013; and WHEREAS, funds will be utilized to resurface and overlay streets and to repair curbs, gutters, cross gutters, sidewalks, driveways, pedestrian ramps, stripping, and signage as part of the National City Street Resurfacing Project (the "Plan"); and WHEREAS, to receive the funds, the City Council must approve the Plan for use of its share of the Proposition 1 B Local Streets and Roads Improvements, Congestion Relief and Traffic Safety Account Funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the use of funds in the amount of $908,556.49 from the Proposition 1 B Local Streets and Roads Improvements, Congestion Relief and Traffic Safety Account for the National City Street Resurfacing Project. BE IT FURTHER RESOLVED that the City Council authorizes the submittal of the Plan to the State of California Department of Finance. PASSED and ADOPTED this 6th day of April, 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor From: Prop1B_LSR [mailto:Prop1B_LSR@dof.ca.gov] Sent: Wednesday, February 17, 2010 1:15 PM To: City of National City, Engineering Department Subject: Proposition 1B Local Streets and Roads 2009-10 Appropriation Dear City or County Official: The online application process is now open to request your city or county's share of the 2009-10 Appropriation of Proposition 1B funding for local road maintenance provided by Chapter 1, Statutes of 2009 (AB X4 1). To receive funds, your city council or county board of supervisors must approve a plan for use of its share of the 2009-10 Appropriation as calculated by the SCO. The 2009 Budget Act appropriates a total of $700 million, including $258,205,000 for cities and $441,795,000 for counties, which represents the remaining balance of Proposition 1B Local Streets and Roads funding_ Your plan must be completed and submitted online at the following website. To begin your plan, please click on the link below. rite') Available funding for each city and county is listed at the website below. Please note that some cities have already received their full share of funding through the 2008-09 Appropriation and therefore the amount payable is shown as zero. Contracts funded with proceeds provided through the 2009-10 Appropriation must be encumbered by July 1, 2010. Cities and counties have three fiscal years from the date of allocation to expend the funds, so all funds must be spent by June 30, 2013. Additional information can be found at the following website: http://www.dof.ca.gov/bonds/proposition 1 b disbursements/2009-10 appropriation/ If you have any questions or need additional information or assistance, please contact Jim Parks or Mark Tollefson at (916) 322-2263 or email us at Prop1B LSR@dof_ca.gov. 1 Instructions for submitting Data Before you can enter data for your City or County you must Register as a user of this application and then i- This application consists of 4 tabs that enable data entry. The tabs are: Use these links or click the tab labels above to navigate to each tab and enter the required data. Click the [Save) button to save the data before navigating away from a tab. After ALL data on ALL tabs has been entered, click the [Submit ...] button to submit the data for approval by the Department of Finance. The fields that accept data entry have a yellow background. The title and type of each data field are specified. The tab contains a table for data entry of a single project at a time. To enter data for another project dick the [New] button- You can subsequently switch between projects with the (Prey] and [Next] buttons, or by clicking on links in the "Project Name' column of the summary table displayed at the bottom of the page. To enter data for more than one City or County, register with separate email addresses for each City or County. Proposition it; Disbursements —Local Streets and Roads Proposition 1 B (Prop 1 B) provided $19.925 billion in bond funds for a variety of transportation priorities, including $2 billion for cities and counties to fund the maintenance and improvement of local transportation facilities. • The 2007 Budget Act and Chapter 181, Statutes of 2007 (SB 88), appropriated a total of $950 million of these Prop 1B funds in 2007-08. Of this amount, Chapter 314, Statutes of 2007 (AB 196), specified that $550 million be allocated to cities and $450 million be allocated to counties. • Chapter 39, Statutes of 2008 (AB 1252), appropriated an additional $87 million in these Proposition 1 B funds specifically to counties. These funds are referred to as the 2008 Supplemental Appropriation for Counties. • The 2008 Budget Act appropriated a total of $250 million, including $63 million available to counties and $187 million available to cities on a first -come, first -served basis_ • The 2009 Budget Act appropriates a total of $700 million, including $258,205,000 for cities and $441,795,000 for counties, which represents the remaining balance of Proposition 1 B Local Streets and Roads funding. For application and reporting purposes, these two appropriations will be treated separately. For additional information on your city or county's share of these two appropriations, or for information about the application process, please select one of the links provided below. • _u' iNpproOriatr (attached) 2 Proposition 1 B - Local Streets and Roads Intent or Criteria: Funds shall be used for improvements to transportation facilities that will assist in reducing local traffic congestion and further deterioration, improving traffic Flows, or increasing traffic safety that may include, but not be limited to, street and highway pavement maintenance, rehabilitation, installation, construction and reconstruction of necessary associated facilities such as drainage and traffic control devices, or the maintenance, rehabilitation, installation, construction and reconstruction of facilities that expand rider ship on transit systems, safety projects to reduce fatalities, or as a local match to obtain state or federal transportation funds for similar purposes. Funds will be allocated, upon appropriation by the Legislature, by formula as specified in Proposition 1 B (50% to counties and 50% to cities): 75% of funds apportioned to counties are based on the number of vehicles registered in the county relative to all counties in the State, and 25% are based on number of county maintained road miles relative to all county maintained road miles in the State; Funds apportioned to cities are based on total population of the city in relation to all cities in the State (minimum $400,000 to each city). Guidelines: As reported by cities and counties. Click on Department of Finance for more information. Project List: As reported by cities and counties Administrative Agency: Department of Finance Recipient Agency: Individual cities and counties Accountability Plan: As required by Executive Order S-02-07, the following is the three-part accountability structure for this program: 1. Front -End Accountability: To ensure Front -End Accountability, the Department of Finance conforms to the criteria set forth in Government Code Sections 8879.50 and 8879.65. Front -End Accountability begins with a city council or county board of supervisors approving a plan of projects intended to be completed using Local Streets and Roads Program bond proceeds. The plan is submitted to Finance, reviewed for completeness, and a list of completed plans is then submitted to the State Controller's Office for allocation. Each plan includes the type of project, the amount of funds expended. a completion dale, and the projects estimated useful life. Once a plan is approved, it is posted on the Governor's Bond Accountability website, which serves as a baseline against which future performance is measured. 2_ In -Progress Accountability: In -Progress Accountability involves reporting project progress against established baselines. Cities and counties are required to submit an annual report on the progress of projects, including any changes in schedule, scope, or budget. Project or budget changes must be documented and approved by the applicable city council or county board of supervisors. The bond accountability website includes each city or county's original plan of projects as a baseline, and each annual report documenting the status of those projects and any changes that may have occurred. 3. Follow -Up Accountability: Follow -Up Accountability starts with the completion of the project. The State Controller's Office will be performing audits to ensure that city and county projects using the bond proceeds adhered to the guidelines set forth for the Local Streets and Roads program and that expenditures met all the requirements of applicable bond law. The audit will include the review of all project expenditures, the project timeline and scope, verification that the use of bond proceeds was approved by the city council or county board of supervisors, and that no expenditures were made prior to the certification by the Department of Finance of the plan's completeness. 2 3 Partial List of Cities and Shares AB88 PROP 1B - Cities Paid Paid Paid Amount Population Est_ Allocation Dec 15, 2008 May 8, 2009 June 8, 2009 Payable National City 61115 908,556.49 908,556.49 Needles 5759 0.00 0.00 Nevada City 3079 0.00 0.00 4 California Strategic Growth Plan: Bond Accountability: Transportation: Local Funds Inpu_. Page 1 of 1 STRATEGIC GROWTH PLAN .GOV BOND ACCOUNTABILITY Horne Bond Inft'rmaticr ? Transportation Local Funds Input General City of National City - Prop iB Funding Input Instructions General Maintenance -Minor Projects Major Projects Spending Plan for goon -to Appropriation Required County in which National City is Located Principal Contact Data for Prop 1B Program- ..---_ Name E-mail Address Phone Number Address Date Local Prop1B Streets & Roads Program Budget Adopted by Board/Council (MM/DD/YYYY) Highly Recommended Local web link (for additional overall prograrn information, such as maps, detailed project information, etc- provided by city or county) Save 1 Total 2009-10 Amount Available (from SCO tables). $908,556 2009-10 Data SAN DIEGO Maryam Babaki rmbabaki@nationalcityca.gov 619-336-4383 ? 1243 National City Blvd, National City, CA 91950 I www nationalcityca.gov Status Original Plan Actual Expenditures to Date 2009-10 Data Status Not yet Submitted Unopened Total 2009-10 Data Entered (from all tabs) $908,556 $0 Amount Remaining $0 $908,556 t Submit complete Plan data to DOF 1 Appropriation 2009-10 I certify that the city is eligible for Proposition 1B Local Streets and Roads funding as outlined in Chapte. 1 Statutes of 2009 The following pages provide separate data input for three other categories of Prop 1B Local Street & Road Maintenance Projects: 1 Maintenance, and 2_ Minor Projects, and 3 Major Projects. You may also: Charge Your Pass*Ord Conditions of Use I Privacy Policy Copyright © 2007 State of California http://pl blsr.dot_ca.gox /general.php 5 3/1 1 /2010 California Strategic Growth Plan: Bond Accountability: Transportation: Local Funds lnpu__. Page 1 of 1 STRATEGIC GROWTH PLAN .GOV BOND ACCOUNTABILITY Home _ Bond Information Transportation Local funds Input Maintenance Program City of National City - Prop 1B Funding Input Instructions General Maintenance Minor Projects Major Projects Spending Plan for 2009-io Appropriation Required Plan Actua Total Prop 1B Funding to be Used for Local Maintenance Category in whole dollars) I $908,556 Estimated Prop 18 Program Completion Date (MM/DD/YYYY) 12/31/2011 Average Estimated Useful Life of all Maintenance Category Work Funded with Prop 18 Funds (in 10 years) Highly Recommended - Backlog of Maintenance Work as of 07/01/2009 (in whole dollars) Anticipated Backlog of Maintenance Work as of 06/30/2010 (in whole dollars) Un-obligated Balance in Local Road Account as of 06/30/2009 (in whole dollars) Optional Total Prop 1B Funding for Pavement Repairs (pothole filling/crack filling/minor pavement patching) Total Prop 1B Funding for Slurry Seals Total Prop 16 Funding for Resurfacing, Including Full or Partial Reconstruction Total Prop 16 Funding for Bridge Repair and Replacement Total Prop 16 Funding for non -Driving Surface Work (landscaping/signage/safety/ADA/sidewalks. etc ) Total Prop 1B Funding for Weather and Accident Repairs and Snow Removal Total (should equal Maintenance Category total at top of page) $0 $0 Save Be sure to Save your data using the button above before navigating away from this page. Once all relevant data has been entered and saved on all tabs, return to the General tab to Submit the complete set of data to the Department of Finance. Appropriation: 2009-10 Note: Major (over $400,000) maintenance projects may be included here or on the Major Prc;ecis page The following pages provide separate data input tor three other categories of Prop 1B Local Street & Road Maintenance Projects 1. General, 2. Minor Projects, and 3- Major Projects, You may also Chang- You, Password Conditions of Use ( P nvacy Policy Copyright © 2007 State of California http://plblsr.dot_ca.gov/maintenance.php 6 3/11/2010 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 9 EM TITLE: Resolution of the City Council of the City of National City approving and authorizing the recordation of an encroachment agreement with the Estate of Agnes Barber for the installation of 2 groundwater monitoring wells at 340 Palm Avenue along the centerline of Palm Avenue north of E. 4th Street PREPARED BY: Charles Nissley DEPARTMENT: Development Services PHONE: 336-4396 EXPLANATION: APPROVED BY: See attached explanation. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the tion. BOARD N/A !COMMENDATION:\ ATTACHMENTS: esolution ncroachment Agreement EXPLANATION The Estate of Agnes Barber, the owner of the property located at 340 Palm Avenue is seeking an encroachment agreement to install two groundwater remediation wells within the public right-of-way on Palm Avenue North of 4TH Street. The wells are needed to monitor for the potential presence of Total Recoverable Petroleum Hydrocarbon (TRPH) and minimize the impact on soil and groundwater. Monitoring is required by the County of San Diego, Department of Environmental Health, Site Assessment and Mitigation Division. The installation and monitoring shall be performed by SCS Engineers. The proposed monitoring wells will be constructed of four inch PVC pipe casing placed in sand, bentonite grout and cement seal within a three foot diameter boring. Total well depth will be 110. Traffic rated water resistant vault will be installed. In accordance with the encroachment agreement a faithful performance bond in the amount of $2,000.00 and a $2,000.00 bond for emergency work have been posted with the City Of National City as a security for the prompt completion of the well drilling installation, removal abandonment and all appurtenant operations including subsequent street resurfacing, restriping, and any required well head adjustment. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN ENCROACHMENT AGREEMENT WITH THE ESTATE OF AGNES BARBER FOR INSTALLATION OF TWO GROUNDWATER MONITORING WELLS AT 340 PALM AVENUE ALONG THE CENTERLINE OF PALM AVENUE NORTH OF EAST 4TH STREET WHEREAS, the Estate of Agnes Barber, the owner of the property located at 340 Palm Avenue, is seeking an encroachment agreement to install two groundwater monitoring wells within the public right-of-way on Palm Avenue north of East 4th Street, in order to monitor the potential presence of total recoverable hydrocarbons and minimize the impact on soil and groundwater; and WHEREAS, a Faithful Performance Bond in the amount of $2,000 has been posted with the City as security for prompt completion of well drilling, installation, removal, abandonment, and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well adjustments. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Encroachment Agreement with Estate of Agnes Barber for the installation of two groundwater monitoring wells at 340 Palm Avenue in order to monitor the potential presence of total recoverable hydrocarbons. Said Encroachment Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FEE: $490.00 MONITORING WELL ENCROACHMENT AGREEMENT The City Of National City hereby grants an Encroachment Permit to the undersigned, Estate of Agnes Barber (hereinafter referred to as "PERMITTEE") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code to install monitoring wells. The term "PERMITTEE" includes all successors in interest and assigns of the PERMITTEE. The PERMITTEE, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain MONITORING WELLS (all 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 PERMITTEE'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of PERMITTEE'S encroachment are described in EXHIBIT B. attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. This encroachment permit and agreement (collectively hereafter, AGREEMENT) is made for the direct benefit of PERMITTEE and PFRMITTEE's property above described, and the covenants herein contained shall be binding on the PERMITTEE and its assigns and successors. This AGREEMENT is issued pursuant to Chapter 13.12 of the National City Municipal Code. the terms of which PERMITTEE hereby specifically acknowledges, accepts and agrees to. PERMITTEE also acknowledges that those terms and conditions include, without limitation, the C1TY's right to 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 PERMITTEE's expense_ The terms and conditions of Chapter 13.12 shall govern the interpretation and application of this encroachment permit, the maintenance of the encroachment, and the PERM1TTEE'S duties and obligations. to the event of litigation to enforce any of the terms and conditions of this permit, the CITY shall be entitled to its attomey's fees and costs of enforcement. A copy of this encroachment agreement may he recorded against the PERMI l I'EE's real property that may be benefited by the installation and maintenance of the encroachment. 2. The encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk and responsibility of PERMITTEE and all successors in interest, so long as the encroachment exists. 1 3. Upon notification in writing by CITY's City Engineer, the above described encroachment shall be abandoned, removed or relocated by PERMITTEE at the PERMITTEE's sole expense. If PERMITTEE fails 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 PERMITTEE's sole cost and expense, which cost shall be a lien upon the land benefited by the encroachment and the personal liability of the PERMITTEE. 4. PERMITTEE shall furnish the CITY with a faithful performance bond as security for the prompt completion of the installation, removal, abandonment and all appurtenant operations, including any necessary subsequent street resurfacing or restriping required for installing or maintaining the encroachment, which bond shall be maintained so long as the encroachment exists. 5 . CITY shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of PERMITTEE's construction, installation, maintenance, repair, use, operation, condition or dismantling of the monitoring wells or the encroachment except to the extent caused by CITY's sole negligence or willful misconduct. 6. PERMITTEE shall indemnity, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' tees, arising out of PERMITTEE's entry upon and use of CITY's easement or right-of-way for the installation, maintenance, removal and use of the PERMITTEE's encroachment. PERMITTEE shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, clean-up costs, and defense costs, including attorneys' fees and expert witness fees, arising out of or related to PERMITTEE's monitoring wells subject to this agreement, except for those claims which arise out of the sole negligence or willful misconduct of the CITY. Insurance PERMITTEE 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 Two Million Dollars ($2,000,000.00) per occurrence, and Four Million Dollars ($4,000,000) aggregate, covering all claims of bodily injury, including death, and property damage arising out of this Agreement_ PERMITTEE shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, pollution liability coverage with minimum limits of Three Million Dollars ($3,000,000) per occurrence covering all claims of bodily injury, including death, and property damage arising out of this Agreement. PERMITTEE shall take out and maintain workers' compensation insurance covering all of PERMITTEE's employees, with limits sufficient to satisfy, California statutory requirements. In addition, PERMITTEE shall take out and maintain employer's 2 liability coverage with limits of not less then One Million Dollars ($I,000,000) per occurrence. The policy shall be endorsed with a waiver of subrogation as to the CITY_ All policies required by this Agreement shall be written by insurers licensed to do business in the State of California, which are rated at least "A. VII" by the current A.M Best Ratings Ciuide and otherwise approved by CITY's Risk Manager_ Coverage written by non -admitted, surplus lines carriers may be acceptable provided the insurer is included in the most recent California List of Eligible Surplus Lines Carriers (LESLI list) and otherwise meets CITY insurance requirements. Coverage shall be written on occurrence forms; in the event coverage is written on a claims made form, the retro date must be on or before commencement of this agreement and coverage must be maintained for a period of at least three (3) years following the termination of this Agreement. All deductibles and/or self -insured retentions must be disclosed on the certificate of insurance. These policies shall name CITY and its officers. agents, and employees as additional insureds, 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 policies shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, PERMITTEE shall furnish CITY a certificate of insurance with all required endorsements evidencing the coverage required by this clause. Should PERMITTEE fail to do so, CITY may elect to obtain such coverage at PERMITTEE'S expense or immediately terminate this agreement and require removal of the encroachment. 8. PERMITTEE is further responsible for obtaining any required construction, excavation, or building permits, for notification to Underground Service Alert, when applicable, and for the safe installation and maintenance of the encroachment at all times. 9. This encroachment Permit shall not be valid nor confer any rights to install and maintain an encroachment until it is approved by the CITY and accepted and acknowledged by the PERMITTEE, and, if determined necessary by the CITY, recorded. 10. PERMITTEE shall within 48 hours upon written notification by the CITY, adjust, or cause to adjust the top of the well on Palm Ave .if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. I1. PERM[TIFFshall provide, and maintain adequate traffic control at the sole cost, risk and responsibility of PERMITTEE and successor in interest, during the course of the construction of the well, and the monitoring and sampling periods or any other operation, within the CITY right-of-way. PERMITTEE shall hold CITY harmless with respect thereto. 3 12. PERMITTEE shall notify the CITY in writing of any proposed change in the location of the well prior to installation. PERMITTEE shall obtain additional permits for any such changes from the CITY prior to the commencement of work_ 13_ PERMITTEE shall apply to the CITY Engineer of CITY for a construction permit, prior to the installation of the well on palm Ave. and for subsequent adjustments. 14. All operations conducted by the PERMITTEE on the CI F Y premises, including monitoring and sampling of the well, and running of equipment shall be limited to the hours set by the ('TTY's City Engineer, and there shall no deviations from these hours. 15. PERMITTEE shall notify all adjacent residential and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction, and all other subsequent work. The PERMITTEE shall diligently proceed to complete all work with a minimum of inconvenience to the public. 16. PERMITTEE shall, at least 48 hours prior to start of construction, contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the PERMITTEE to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the PERMITTEE, and the CITY shall be held harmless with respect thereto. 17. "The PERMITTEE shall be responsible for the prevention of damage to the adjacent property_ No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour or the damage which might result from the PERMITTEE's operations. 18_ The PERMITTEE shall design, construct and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state and federal safety and health standards, laws and regulations. 19. The proposed well may exist in the public right-of-way for a maximum of two years. The PERMITTEE shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's written approval for any time extension. 20. PERM! ITEE shall notify the CITY in writing at least 48 hours prior to any intended monitoring the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 4 21. PERMITTEE shall deposit a sum equal to S2.000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this encroachment agreement. 22. The well cap installed under this permit, shall have information printed giving the name and phone number of responsible entity in charge of the installation and maintenance of the well. 23. The PERMITTEE shall provide the CITY with a copy of the site assessment and remediation report, a copy of the Department of Ilealth Services, County of San Diego response, and the site remediation completion report. The report shall show the extent of ground water and/or soil contamination. if any. PLAT SHOWING LOCATION OF WELL HEADS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED PERMITTEE/APPLICANT Dated: /� `��L2 C/aw�; m 2 t!/,tr�m/�: a7`,2.a,-- / Printed Name & Signature Sean Roy Person in Responsible Charge (Print Narne) (858) 401-2348 24 hr. Phone Number Claudia Powell, Administrator of the Estate of Agnes Barber P.O. Box 2321 La Mesa, CA 91943 Mailing Address SCS Engineers (619) 464-8966 Firm Name Phone Number Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of j� 7 �/ On % f u�.Q before me, eK" C I M II �j ( P i — !„ ate 1 Here Insert N3rne and Title nl fhr. O%firer personally appeared CC../[ U3i cpc Name's) of Signerfs) MCA WM rgamomiwiroodhamdlindki Comtbnlon # 1611719 Notary ruble - Cattlorrtla t San Diego Courtly r MyComn• O67iaAup 20. 201 Placr. Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person()' whose name() is/are subscribed to the within instrument and acknowledged to me that he/she/thew executed the same in his/her/the*, authorized capacity(iies), and that by hit/her/their signature( on the instrument the person(e), or the entity upon behalf of which the person(;') 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 h�pcj y nd official seal. Signature OPTIONAL Signature of Notary Public 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 form to another document. Description of Attached Document, , �? Title or Type of Document: HU�yvr%r fir ��- L� Z,` �I��&b - t -��i - L w1 Document Date: `.1 ` /J S ( Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:r0 `. YW,`-- Cl Individual -1 Corporate Officer — Title(s): El Partner — ❑ Limited ❑ General El Attorney in Fact rEl Trustee 1 Guardian or Conservator Other:A' tstA , Signer Is Representing: %fir cJJ An e3 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): i- i Partner — ❑ Limited ❑ General LJ Attorney in Fact f 1 Trustee C ] Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER lop of thumb here ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 9 t3132402 • www NationalNotary org 'tern tt5907 Reorder: Call Toll -Fee 1-800-876-6827 6 MONITORING WELL INSTALLATION QUESTIONS 1) What is the time of completion of the drilling and well construction? zok0. 2) What is the time required to install each well? A ppc...1 P v wit �t . 3) How long will the wells remain in the street? t L L t 4s o c4+- gro^ 4\.Q des ar-..4�...... � � wQ ltS .. 4) How long will the abandonment of the wells be? (time frame) Ap ... • et 4� 0.-0. C.1-..� 5) How often will the wells be monitored and sampled? Q�e,- },,LA vl-,_ -Lv--- 3 ct.w w)-cam)., sec -a o ll &14' S.1a Ll vSw2. 6) How long will it take to purge and sample each well? Arco L.Lt 2 hates e u l� 7) Who will be responsible for removing the wells from the public right-of- way and restoring the street? T`^ Eck 1e �gv.cs �or5v Pons:b)� (o� ` ,.,�.\l b� per ec 61 SCC,S 8) Who will be responsible for top of well head adjustments? (� e_ �1 tg - a.--� o,il wJ r'iL. ``W , �l e] t Q� 4-�rw-.e_.% t / Se.S 3 ‘, .n o_.Q(t J..h [ G.r (�.J •n �-ru m-'T' w rAAA. E S -i- w le ACORO CERTIFICATE OF LIABILITY `-�- INSURANCE DATE(MM/oD/vwY) 01/12/2010 PRODUCER Aon Risk IRSUrdnCe Services West, Inc. Los Angeles CA Office 707 wi l shi re Boulevard Sui to 2600 Los Angeles CA 90017-0460 USA PHONE -(866) 283-7122 FAX-(847) 953-5390 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFCATEHOLDER-THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE N.AIC# INSURED SCS Engineers 3900 Kilroy Airport Way, Suite 100 Long Beach CA 90806-6816 USA INSURER A- Steadfast Insurance company 26387 INSURERS. Zurich American Ins Co 16535 NsuaeRe INSURER D. INSURER E: ACES SIR applies per term THE POLICIES OF INSURANCE IISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TILE POLICY PERIOD INDICATED. NOTWITHS FANDING AIN V REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITII RESPECT TO WHICH THIS CERTIFICATE MAY BF ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY ILAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED INSR LTR ADD'L INSRD TYTE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDD(YYYY POLICY EXPIRATION DATE(MAUDD/YY1Y) LIMITS A X URALLIABILITY. COMMERCIAL GENERAL LIABILITY GPL596611101 03/31/2009 03/31/2010 EACHOCCIIRRFNCE 32,000,000 DAMAGE TO REINED PREMISES (Ea occ�arence) 51,000,000 CLAIMS MADE X OCCUR MED EX? (Am one nerson) PERSONAL & ADV INJURY51,000,000510,000 $1, OOO, OOO C.ENFRAI. AGGREGATE 32,000,000 GENE AGGREGATE LIMIT APPLIES PER POLICY ❑ PRO- ❑ OC IKT PRODCCTS-COMP!OP AGG E2,000,000 X B AUTOMOBILE LIABILITY BAp804440515 03/31/2009 03/31/2010 COMBINED SINGLE LIMIT (Fa accident) S 1 , 000 , 000 X X ANY AUTO ALL OWNED AUTOS BODILY INJURY ( Pet Person) X SCHEDULED AUTOS HIRED AUTOS BODILY INJURY X NON OWNED AUTOS (Per accident PROPERTY DAMAGE (Per accident GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY AGG A EXCESS/ X X UMBRELLA LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION 5E0804440615 03/31/2009 03/31/2010 EACH OCCURRENCE S5,000,000 AGGREGATE 55,000,000 8 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY wc543484105 04/01/2009 u4,UI/201u X wC STATU- OTTI- TORY LIMITS ER .ANY PROPRIETOR/ PARTNER/ EXECUTIVE 'u1 OFFICER/MEMBER EXCII IOW (Mandatory in NH) Ifces, descnbe under SPECIAL PROVISIONS belosc EL E.4CII ACCIUENI $1,000, 000 E.L. DISEASE -EA EMPLOYEE 51,000,000. E. L. DISEASE -POLICY LIMIT 51,000,000 II A OTIIEB Contractor Prof GPLS96611101 professional 03/31/2009 03/31/2010 Each claim S2,000,000 II aggregate $2,000, 000 DESCRIPTION OF OPERATIONST.00A IIONS; VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS • Job No.: 01207504.00 Task 3, Job: Monitoring Well Encroachment, 340 Palm Avenue, National City, CA. City of National city, National city officer, its Agents and Employees, the Estate of Agnes Barber are included as Additional Insured as respects to General Liability and Auto Liability policies as required by written contract. ICA l E HOLDER CANCELLATION City of National City Attn: Charles Ni Ssley, Sr. City Hall 1243 National city National City CA 91950 USA y Eng. Tech Blvd. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BF CANCFI.I.FD BEFORE Tilt EXPIRATION DATE THEREOF, THE ISSUING INSURER RILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TIIP LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR I IABILITY OF ANY KIND UPON THE ENSURER ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE Jra ✓reanotas� Sstsius X'arC�mra n J w v a L V O 570037530807 ©1988-2009 ACORD CORPORATION. All rights reserved-0 The ACORD name and logo are registered marks of ACORD 8 Attachment to ACORD Certificate for scs Engineers The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED SCS Engineers 3900 Kilroy Airport Way, Suite 100 Long Beach CA 90806-6816 USA ADDITIONAL POLICIES INSURER INSURER INSURFR INSURER INSURER If a policy below does no include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR ADDT INSRD TYFEOFINSIIRANC.E POLICY NUMBER POLICYDESCRIPTION POLICY EFFECTIVE DATE POLICY EXPIRATIONLIMITS DATE DATE OTHER A Contractor Poll 6PL596611101 Pollution 03/31/2009 03/31/2010 occurrence 82,000,000 Aggregate S2,000,000 DESCRIPTION OF OPEBATION910CATIONSNFAICLBS/EXCLI SIONS ADDED BY ENDORSEMENCMitCIAL PROVISIONS see attached endt STF-ESP-101-13 cw (01/05) and CA 20 01 03 06. Certificate No : 570037530807 9 INSCREI SCS Engineers 3900 Kilroy Airport Way, Suite 100 Long Beach CA 90806-6816 usA Additional insured Contractors - Board COVERAGE PART ONE - Policy NO. GPL 59 66 111-01 STF-ESP-101-B CW (01/05) - Automatic - Owners, Lessees or zuRICH Form COMMERCIAL GENERAL LIABILITY Eff Date of Pol. Exp. Date of Pol. Eff. Date of End. 03/31/2009 03/31/2010 03/31/2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: Environmental Services Package Policy In consideration of the payment of premium and the Deductible by you and in reliance upon the statements in the Application made a part hereof, we agree with you, subject to terms, exclusions and conditions of the policy and with respect to COVERAGE PART ONE - COMMERCIAL GENERAL LIABILITY and the coverage provided by this endorsement 1. Who is an Insured (section I) in the COMMON POLICY PROVISIONS is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agree-ment. 2. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis-ing injury" covered under COVERAGE PART ONE - COMMERCIAL GENERAL LIABILITY COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: a. The "bodily injury" or "property damage" results from your negligence; and b. The "bodily injury", "property damage" or "personal and advertising injury" results directly from: 1. Your ongoing operations; or 2. "Your work" completed as included in the "products -completed operations hazard", performed for the additional in-sured, which is the subject of the written contract or written agreement. 3. However, regardless of the provisions of paragraphs 1. and 2. above: c. we will not extend any insurance coverage to any additional insured person or organization: Certificate No : 570037530807 10 INSURED SCS Engineers 3900 Kilroy Airport Way, Suite 100 Long Beach CA 90806-6816 USA STF-ESP-101-8 CW (01/05) 1. That is not provided to you in this policy; or 2. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and b. we will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: 1. The Limits of Insurance provided to you in this policy; or 2. The Limits of Insurance you are required to provide in the written contract or written agreement 4. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the additional insured. 5. The additional insured must see to it that: a. we are notified as soon as practicable of an "occurrence" or offense that may result in a claim; b. we receive written notice of a claim or "suit" as soon as practicable; and c. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. 6. The insurance provided by this endorsement is primary insurance and we will not seek contributions from any other in-surance available to the person or organization shown in the schedule unless the other insurance is provided by a con -tractor other than you for the same operations and job location. Then we will share with that other insurance by the method described in paragraph 8.c. of Conditions (Section v.) in the COMMON COVERAGE PROVISIONS. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. STF-ESP-101-B Cw (01/05) Page 2 of 2 Certificate No : 570037530807 11 INSURED SC5 Engineers 3900 Kilroy Airport Way, Suite 100 Long Beach CA 90806-6816 USA CA 20 01 03 06 COMMERCIAL AUTO CA 20 01 03 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM with respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named insured: sCs Engineers SCHEDULE Insurance Company: Zurich American Insurance Company Policy No.: BAP804440515 Named Insured: scs Engineers Address: 3900 Kilroy Airport Way, Suite 100, Long beach, CA 90806 Additional Insured (Lessor): AS REQUIRED BY THOSE ENTITIES WITH WHOM THE NAMED INSURED EXECUTES A WRITTEN CONTRACT PRIOR TO LOSS. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Coverage 1. Any "leased auto" designated or described in the schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. 2. For a "leased auto" designated or described in the schedule, Who Is An Insured is changed to include as an "insured" the lessor named in the schedule. However, the lessor is an "insured" onit for "bodily injury" or :property damage" resulting from the acts or omissions by: a. You b. Any of your "employees" or agents: or c. Any person, except the lessor or any "em ployee" or agent of the lessor, operating a "leased auto" with the permission of any of the above 3. The coverages provided under this endorsement apply to any "leased auto" described in the Schedule until the expiration date shown in the schedule, or when the lessor or his or her agent takes possession of the "leased auto" whichever occurs first. Certificate No : 570037530807 12 INURED SCS Engineers 3900 Kilroy Airport Way, Suite 100 Long Beach CA 90806-6816 USA CA 20 01 03 06 8. toss Payable clause 1. we will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a "leased auto". 2. The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor, we will obtain his or her rights against any other party. C. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the cancellation common Policy condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your premiums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. CA 20 01 03 06 i50 Properties. Inc., 2000 Certificate No : 570037530807 13 Page 1 of 2 Roy, Sean From: Vanegas, Brenda Sent: Monday, January 25, 2010 8:08 AM To: Roy, Sean Cc: Helak, Suzanne Subject: FW: 01207504.00.SSC3.Task 3.Request for Certificate of Insurance Please see our insurance specialist's response regarding the Pollution inquiry. Thanks, From: Helak, Suzanne Sent: Saturday, January 23, 2010 12:56 PM To: Vanegas, Brenda Subject: RE: 01207504.00.SSC3.Task 3.Request for Certificate of Insurance Our Pollution policy is S2mil. We can't show more than that on the cert. Our excess/umbrella policy covers our Pollution Policy and bumps it up by $5mil to a total of $7mi1. Our excess/umbrella makes up for the Simi] shortage. No need to reissue the cert. Suzanne Helak Executive Assistant SCS Engineers 3900 Kilroy Airport Way, Suite 100 Long Beach, CA 90806-6816 562-426-9544 Ext. 3058 (Office) 562-426-9175 (Fax) shelak@scsengineers.com From: Vanegas, Brenda Sent: Friday, January 22, 2010 4:29 PM To: Helak, Suzanne Cc: Roy, Sean Subject: FW: 01207504.00.SSC3.Task 3.Request for Certificate of Insurance Suzanne, See additional request for the Agnes Barber Estate COI from Sean Roy. Is it necessary for me to complete another form for a revision? Thanks, From: Roy, Sean Sent: Friday, January 22, 2010 9:15 AM To: Vanegas, Brenda Subject: FW: 01207504.00.SSC3.Task 3.Request for Certificate of Insurance Hello Brenda I was reviewing the COI and notice that our pollution liability coverage is shown as $2,000,000 on page 2, instead 14 1/25/2010 Page 2 of 2 of the requested $3,000.000. Could you please see if we get the additional pollution liability coverage? Thank you. Sean From: Roy, Sean Sent: Tuesday, January 05, 2010 12:18 PM To: Vanegas, Brenda Cc: Pryatel, Chuck Subject: FW: 01207504.00.SSC3.Task 3.Request for Certificate of Insurance Subject: 01207504.00.SSC3.Task 3.Request for Certificate of Insurance Hello Brenda Attached is the back up for a Certificate of Insurance with coverage requirements for commercial liability (minimum of $2,000,000/occurrence), pollution liability (minimum of $3,000,000/occurrence), Worker's Compensation (sufficient to satisfy California statutory requirements), and employer's (SCS) liability coverage (minimum of $1,000,000/occurrence) I require for the Monitoring Well Encroachment Agreement with National City, California. We are looking to install two wells in National City's right-of-way along Palm Avenue, just north of East 4th Street. The Site address is 340 Palm Avenue National City, CA. We will need to name National City and its Officers, agents and employees as additional insureds (see attached for details). In addition we will need to name the Client (Estate of Agnes Barber) as additional insured. Please read the attached Monitoring Well Encroachment Agreement and email from the City to be certain we comply with all of their requirements. Call me if you have any questions. The Performance Bond and the Well Maintenance Bond will be provided by the Client not SCS. Sean Sean Roy Project Professional/Geologist SCS Engineers 8799 Balboa Ave., Ste. 290 San Diego, CA 92123 P. 858-571-5500 ext. 236 F. 858-571-5357 C. 858-401-2348 sroy(a�scsengi neers. com 15 1/25/2010 60483 BUSINESS LICENSE CERTIFICATE CITY OF NATIONAL CITY PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED TYPE OF BUSINESS T CALIPORNIA'- Date of �'raaon: 12/31/2009 +�• BUSINESS ADDRESS 39000 KILROY AIRPORT — N WAY STE 100 AL BUSINESS NAME ATTN: MAILING ADDRESS STEARNS, CONRAD AND SCHMID CONSULTING ENGINEERS, INC 14cioul_s4 39000 KILROY AIRPORT WAY STE 100 ti LONG BEACH, CA 90806-0000 Finance Director NON TRANSFERABLE POST IN A CONSPICUOUS PLACE KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 60483 T $65 00 PEN $65 00 ADMR $10.50 TOTAL $140.50 16 Page 1 of 2 Roy, Sean From: Milanes, Amy Sent: Friday, January 22, 2010 5:02 PM To: Roy, Sean Subject: RE: 01207504.00 Estate of Agnes Barber The business license we have on file expired on 12/31/09. The renewal is due on 2/28/10 & was mailed out today. Do you want a copy of the expired one & maybe you can mention that the renewal is on its way? Amy Milanes AP Supervisor SCS Engineers 3900 Kilroy Airport Way Long Beach, CA 90806 562-426-9544 x3036 562-426-9175 (Fax) amilanes@scsengineers.com From: Roy, Sean Sent: Friday, January 22, 2010 4:53 PM To: Milanes, Amy Subject: FW: 01207504.00 Estate of Agnes Barber Hello Amy I need to see about getting a copy of our Business License with the City of National City, CA here south of San Diego. ► need a copy of this to submit with an encroachment permit. Let me know if you have any questions. Sean From: Vanegas, Brenda Sent: Friday, January 22, 2010 4:26 PM To: Roy, Sean Subject: RE: 01207504.00 Estate of Agnes Barber You might want to check with Amy Milanes in Long Beach. I think she is handling that post now. Thanks, From: Roy, Sean Sent: Friday, January 22, 2010 9:41 AM To: Vanegas, Brenda Subject: 01207504.00 Estate of Agnes Barber Hi Brenda I need to see about getting a copy of our Business License for the City of National City, CA. Let me know if there is someone I can call directly for this. 17 1/25/2010 Page 2 of 2 Sean Roy Project Professional/Geologist SCS Engineers 8799 Balboa Ave., Ste. 290 San Diego, CA 92123 P. 858-571-5500 ext. 236 F. 858-571-5357 C. 858-401-2348 sroy@scsengineers. com 18 1/25/2010 SFR SFR spa Church SFR SFR SFR J SFR se is IMW4) Side walk SFR oeci.mar rle eaneewna m.r r SFR e iabraramnne ns4pp10.1r.0 SFR MW2 e MW3 MW 1• a013 _ter d_MW • Commercial SFR California National Guard m 3 0 4. MW 9 0 �. 6 MW5 Commercial MW6 a MWl 9 Sidewalk ik/ 4,fit 5'1444i p)_= Mw2 Sidewal SFR SFR SFR SFR SFR EXPLANATION MW3 Groundwater monitoring well associated with the Estate of Agnes Barber. installed by SCS Engineers in August 2008. MW-6 Groundwater monitoring we? associated with -5 former E•Z Serve No. 100781 1605 East 4th Street, National Cihy, California. Unauthorized release No, H12350.001 . Approximate location o1 'armor underground storage tank excavation. SFR a Single-family residence —s-_ 6 inch V.C. sewer main (5 ft be'ow grade) —r— Telephone line (3,5 ft below grade) 20 iron H.P, gas line lit ft below grade) —a. 1.5 inch H.P, gas line (3,5 h below grade) —�— 16 inch H,P, gas hne (e ft below grade) —a— 2 inch i..P, gas line (3 5 h below grade) —w— 12 inch PVC water main i3 h below grasp)) —n6 inch abandoned A.C. water line (3 h below grade) —eNi12 inch steel abandoned water line (3.5 h below grade) S914 I M.v.) en Proposed soil boring/monoring well location 0 25 50 15 ynhn Appro... Gnome sow. In Feel I SCS ENGINEERS Environmental Consonants 8799 Balboa Avenue, Suite 290 San Diego, California 92123 SITE PLAN WITH LOCATION OF PROPOSED BORINGS/MONITORING WELLS Estate of Agnes Barber 340 Palm Avenue National City. California Pro(eet No,; 01207604.00 Figure 3 Date Drafted) 2/11/2010 MONITORING WELL CONSTRUCTION DETAILS FLUSH MOUNT WELL PROJECT NUMBER: 01207504.00 SCS ENGINEERS 8799 Balboa Avenue, Suite 290 San Diego, California 92123 BORING/WELL NUMBER: SB15/MW5 SITE: 340 Palm Avenue CLIENT: Estate of Agnes Barber COUNTY & PERMIT #: San Diego LMONXXXXXX DATE OF INSTALLATION: DRILLER: Test America Drilling PREPARED BY: Sean Roy J Prepared by: Date: Sean Roy 1/12/2010 CONSTRUCTION DETAILS Surface Elevation —100 feet Top of Casing Elevation A. Total Depth 110 B. Boring Diameter C. Casing Length Casing Material D. Casing Diameter E. Depth to Top of Screen F. Screen Length Screen (slot) Size G. Depth to top of Filter Pack Fitter Pack Material H. Depth to top of Seal Seal Material 10-inch 110-feet SCH 40 PVC 4-inch 90-feet 20-feet 0.02-inch 88-feet #3 sand 85-feet Bentonite chips I. Depth to Top of Fill Material 3-feet Annular Fill Material Bentonite grout J. Surface Seal Dimensions Radial or Square or Other Surface Seal Material 3' x 3' radial Concrete K. Type and Size of Protective Casing: Morrison 12" Notes - Reviewed by: Date: Robert Q. Gutzler PG 5571 1/12/2010 F:1Projects\207'500-550\01207504 (Estate of Agnes Barber)\SSC3-Additional StOssessment2009\PermittinglProposed SB15-MW5 Well Completion.xls MONITORING WELL CONSTRUCTION DETAILS FLUSH MOUNT WELL SCS ENGINEERS 8799 Balboa Avenue, Suite 290 San Diego. California 92123 PROJECT NUMBER: 01207504.00 SITE: 340 Palm Avenue BORING/WELL NUMBER: SB16/MW6 CLIENT: Estate of Agnes Barber COUNTY & PERMIT #: San Diego LMONXXXXXX DATE OF INSTALLATION: DRILLER: Test America Drilling PREPARED BY: Sean Roy J CONSTRUCTION DETAILS Surface Elevation —100 feet Top of Casing Elevation ? A. Total Depth 110 B. Boring Diameter C. Casing Length Casing Material D. Casing Diameter E. Depth to Top of Screen F. Screen Length Screen (slot) Size G. Depth to top of Filter Pack Filter Pack Material H. Depth to top of Seal Seal Material 10-inch 110-feet SCH 40 PVC 4-inch 90-feet 20-feet 0.02-inch 88-feet #3 sand 85-feet Bentonite chips I. Depth to Top of Fill Material 3-feet Annular Fill Material Bentonite grout J. Surface Seal Dimensions Radial or Square or Other Surface Seal Material 3' x 3' radial Concrete K. Type and Size of Protective Casing: Morrison 12" Notes Prepared by: Sean Roy Date: 1/12/2010 Reviewed by: Date: Robert Q. Gutzler PG 5571 1/12/2010 F:\Projects\207\500-550101207504 (Estate of Agnes Barber)1SSC3 - Additional Rill Assessment 2009\Permitting \Proposed SB16-MW6 Well Completion.xls G20.2 PALM AVE W23- r W20-I 110 G20-2 - 4 F En <r G20-2 4� t 1 L\R934 sO PE-3E R3-2 R3-2 C30(CAI I / 250' , wSCrTT ,— I2MN ..3 4- I G20-2 W20-1 2, PROPOSED MONITORING WELLS PALM AVE 4,. L t0N51RJC1ON 5:GNE W23 Ci30(CA) R3.2 19.9.3a ENO ROAD ROAR G20-2 LEGEND *'0 • NGN O1. MEx MxiiiG-IPEC'I[x 111LASMWOAA40Yi 5140 LUNW501MRR96,CO O nADOEP E.RRICADE I R1POWAY NC PMAiNG`-NPT POSTED SPEED LM3T: 25 mph TAPER LENGTH: SIGN SPACINC: 150/250 CONE SPACING: 25 / 4L PUNS 4Vs1 BC Pak° AND WRRaKD BY IME OOARNupO11M. •0pCY. CR Aop JS0 MAMNO 1 "111RC NRl10CD 10°05* OVA t0 *Nf SM M pl UNII*W 7PYi1C CYN1R0. DENQS 1N5Gt. 41 1• ALUM./0&3 4C1ASA00 5 * LNO 0 P putts µERTAM UAD0011Rp+4 AGENCY REOUIRCMp1e Epp I* NWR5 NOISE0 NE 91PMMY AATO COM. MUST SE Mr.. PER OTC Amer APPR0H12. RAN i0 RE MICE,. T-LOGOKA P'A AL A*CY, OR AT010(3. ANDL AIRISUlCTp1 OAP THE nNo ROTICRIDEDIADWAY.' A RCPP{EV A'IK M 0 MM I00ikaIAl1Ex AND OEMGC RAGOEEMT 010Ua SE PERFORM° BY DY0Up0°/1RAI.W P00S0sME1 TEMPORARY 11scTECCM1E511Ao, Mn °I.MWITORI N4AMQA1DAE51 n6Cu1CM, 0561N.M OM, I NUCs01 5011'M lEN_RS NO MOP° O.. OP RCSPGN00UTY TOR. 1RM1C COEin. RAM IMPEFWN'ATOE . IMSPECOOr T OTHERS USERS AGREE TOi EGARDI EAU LYY 51NM OR RD10A OONFFOL9NPER APPROVED 1111, AMC GOA 00 KAHL TRAFFIC CONTROL PLAN PLAN A'PROVED BY PLANNER: DRAV.N BY: Gory Evans Cell. 61 .-520-9278 HUDSON SAFE-T.LITE RENTALS 777 GABLE WAY EL CAJCN, CA 92020 Office: 619.441 •3644 DATE DRAWN, SCALE 12/18/09 I\0 SCALE DRAvn NG NU46ER. OF "es�.,L� 3110 1r� C Ses f4� 23- S-4-I-S' �u \ L -L..,, c) b 1 6 -9 - 7-3 `1 `G • DSCF0001.JPG DSCF0004.JPG DSCF0007.JPG DSCF0002.JPG DSCF0005.JPG DSCF0006.JPG DSCF0003.JPG DSCF0006.JPG DSCF0009.JPG DSCF0010.JPG 23 DSCFOO11.JPG DSCF0012.JPG DSCF0013.JPG DSCF0016.JPG DSCF0019.JPG DSCF0014.JPG DSCF0017.JPG DSCF0020.JPG DSCF0015.JPG DSCF0018.JPG DSCF0021.JPG DSCF0022.JPG 24 DSCF0023.JPG DSCF0024.JPG DSCF0025.JPG DSCF0028.JPG DSCF0031.JPG DSCF0026.JPG DSCF0029.JPG DSCF0032.JPG DSCF0027.JPG DSCF0030.JPG DSCF0033.JPG 25 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 10 EM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") SUBRECIPIENT AGREEMENT WITH CHRISTMAS IN JULY NATIONAL CITY EXTENDING THE TERM TO JUNE 30, 2011, FOR THE COMPLETION OF AN OFFICE CONSTRUCTION PROJECT AT 2101 HOOVER AVENUE PREPARED BY: Carlos Aguirre DEPARTMENT: Com unity Development PHONE: (619) 336-4391 APPROVED BY: EXPLANATION: Christmas in July National City was awarded a $50,000.00 CDBG grant in Fiscal Year 2007-2008 by the City of National City to help complete the construction of new administrative offices within the warehouse building located at 2101 Hoover Avenue, National City. The grant funds are budgeted for the purchase of materials used in the construction of the administrative facility. The Subrecipient Agreement was executed on May 11, 2009 and the current contract term expired on June 30, 2009. Several items have delayed the completion of the project including a required upgrade of electrical infrastructure by San Diego Gas and Electric. Christmas in July claimed $29,288.00 of expenses during the contract period and would like to draw on the remainder of the allocation for eligible expenses. The contract amendment would give them an additional year to complete the project, although they will nrnbably draw on the remaining funds and complete the project within the next four months. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 301-409-000-650-9022 APPROVED: v MIS CDBG funding for $50,000.00 was allocated in FY2007-2008 and will carry over as a CDBG capital improvement project in FY2010-2011 ENVIRONMENTAL REVIEW: The projected was determined to be categorically excluded from environmental review under Section 24 CFR 58.35(a) on May 3, 2009. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: The City Council action recommended by staff is to adopt the resolution. BOARD / COMMISSION RECOMMENDATION: A board or commission recommendation is not applicable. ATTACHMENTS: ichment #1: CDBG Subrecipient Agreement between the City of National City and Christmas in July imcnional City for an Office Construction Project at 2101 Hoover Ave. Attachment #2: First Amendment to the CDBG Subrecipient Agreement between the City of National City and Christmas in July National City for an Office Construction Project at 2101 Hoover Ave. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") SUBRECIPIENT AGREEMENT WITH CHRISTMAS IN JULY NATIONAL CITY EXTENDING THE TERM TO JUNE 30, 2011, FOR THE COMPLETION OF AN OFFICE CONSTRUCTION PROJECT AT 2101 HOOVER AVENUE WHEREAS, Christmas in July* National City is a 501(c) 3 non-profit organization that provides housing rehabilitation and neighborhood improvement services in National City; and WHEREAS, on May 11, 2009, the City of National City entered into a CDBG Subrecipient Agreement with Christmas in July*National City in the amount of $50,000.00 for the construction of an administrative office at 2101 Hoover Avenue; and WHEREAS, to complete the said construction project, Christmas in July is requesting an extension of the term of the Subrecipient Agreement to June 30, 2011; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to the CDBG Subrecipient Agreement with Christmas in July*National City extending the term of the Agreement to June 30, 2011, for the Office Construction Project at 2101 Hoover Avenue. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, I11 City Attorney Attachment No. 1 SUBRECIPIENT AGREEMENT By and Between the City of National City and Christmas in July for Program Name: Christmas in July*National City Office Construction Project THIS AGREEMENT, entered this ' " day of M " , 2009 by and between the City of National City (herein called the "Grantee") and Christmas in July*National City (herein called the "Sub -recipient"). WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Sub -recipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE A. Activities: The Sub -recipient will be responsible for administering the program titled, Christmas in July*National City Office Construction Proiect in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include activities eligible under the Community Development Block Grant (CDBG) program, as specified in Exhibit A, attached and incorporated herein. B. National Objectives: All activities funded with CDGB funds must meet one of the CDBG program's National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208 The Sub -recipient certifies that the activity carried out under this Agreement will meet the National Obiective of serving Low Income Persons C. Levels of Accomplishment — Goals and Performance Measures: The levels of accomplishment may include such measures as units rehabbed, persons or households assisted, or meals served, and should also include time frames for performance. Refer to Exhibit A for levels of program services. D. Staffing: Sub -recipient shall be responsible for staff and time to be allocated to each activity, as set forth in Exhibit A, attached hereto and incorporated herein. E. Performance Monitoring: The Grantee will monitor the performance of the Sub - recipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Sub - recipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. II, TIME OF PERFORMANCE Services of the Sub -recipient shall start on the 1st day of July, 2007 and end on the 30u' day of June of 2008 in the case of Public Services and in the case of Capital Improvements end on June 30. 2009. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub -recipient remains in control of CDBG funds or other CDBG assets, including program income. III. BUDGET Any indirect costs charged must be consistent with the conditions of Paragraph VII (C)(2) of this Agreement. Sub -recipient shall adhere to the budget breakdown, attached as Exhibit B and incorporated herein. Any amendments to the budget must be approved in writing by both the Grantee and the Sub -recipient. Subrecipient Agreement Page 1 of Is Attachment No. 1 IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed Fifty Thousand Dollars ($50,000.00). Draw downs for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance. Payments may be contingent upon certification of the Sub -recipient's financial management system in accordance with the standards specified in 24 CFR 84.21. V. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: Grail#ee . ... ... - .Sub-recpretit, t . Contact Person: ' Carlos Aguirre Contact Person: Cecilia Kirk Organization: City of National City Organization: Christmas in ]uly*National City Address: 1243 National City Boulevard National City, CA 91950-4301 Address: 2101 Hoover Avenue, National City, CA 91950 Telephone: (619) 336-4391 Telephone: (619) 477-5532 Email: cagpirre@nationalcityca.gov 1 Email: Christmasinjulync@yahoo.com VI. GENERAL CONDITIONS A. General Compliance: The Sub -recipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Sub -recipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Sub -recipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Sub -recipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Sub -recipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. R. "Independent Contractor": Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Sub -recipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Sub -recipient is an independent contractor. C. Hold Harmless: The Sub -recipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that Subrecipient Agreement Page 2 of 15 Attachment No. 1 arise out of the Sub -recipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation: The Sub -recipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance & Bonding: The Sub -recipient shall carry sufficient insurance coverage to protect contract assets from loss clue to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. The Sub -recipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee Recognition: The Sub -recipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Sub -recipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments: The Grantee or Sub -recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Sub -recipient from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Sub - recipient. H. Suspension or Termination: In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Sub -recipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of -the Sub -recipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Sub -recipient to the Grantee reports that are incorrect or incomplete in any material respect. The Grantee shall have the right, in accordance with 24 C.F.R. 85.43, to terminate this Agreement immediately or withhold payment of invoice for failure of the SUB -RECIPIENT to comply with the terms and conditions of this Agreement. Should the Grantee decide to terminate this Agreement, after a full evaluation of all circumstances has been completed, the SUB -RECIPIENT shall, upon written request, have the right to an appeal process. A copy of the appeal process will be attached to any termination notice. If the Grantee finds that the SUB -RECIPIENT has violated the terms and conditions of this Agreement, the SUB -RECIPIENT may be required to: 1. Repay all monies received from the Grantee under this Agreement; and/or 2. Transfer possession of all materials and equipment purchased with grant money to the Grantee. Subreciptent Agreement Page 3 of 13 Attachment No. 1 In the case of early termination, a final payment may be made to the SUB -RECIPIENT upon receipt of a Final Report and invoices covering eligible costs incurred prior to termination. The total of all payments, including the final payment, shall not exceed the amount specified in this Agreement. I. Termination for Convenience: In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Sub -recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. Grantee and sub -recipient agree to provide written notice to the other party thirty (30) days prior to the effective date of any termination, in whole or part, for convenience. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards: The Sub -recipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles: The Sub -recipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be Maintained: The Sub -recipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention: The Sub -recipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four- year period, whichever occurs later. 3. Client Data: The Sub -recipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. Subrecipient Agreement Page 4 of 73 Attachment No. 1 4. Disclosure: The Sub -recipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Sub -recipient's responsibilities with respect to services provided under this contract, is prohibited by the State and for Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs: The Sub -recipient's obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Sub -recipient has control over CDBG funds, including program income. 6. Audits & Inspections: Alt Sub -recipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Sub -recipient within 30 days after receipt by the Sub -recipient Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Sub -recipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning sub -recipient audits and OMB Circular A-133. 7. Additional Documentation: Sub -recipient agrees to provide a list of its Board of Directors, By -Laws, Exhibit C, and any additional documents, as required in Exhibit "D" and "E," attached and incorporated herein. C. Reporting and Payment Procedures 1. Program Income: The Sub -recipient shall report quarterly all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Sub -recipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Sub -recipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. 2. Indirect Costs: If indirect costs are charged, the Sub -recipient will develop an indirect cost allocation plan for determining the appropriate Sub -recipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. 3. Payment Procedures: The Grantee will pay to the Sub -recipient funds available under this Agreement based upon information submitted by the Sub -recipient and consistent with. any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Sub -recipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Sub -recipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Sub -recipient. Subrecipient Agreement Page 5 of 18 Attachment No. 1 4. Progress Reports: The Sub -recipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. D. Procurement: 1. Compliance: The Sub -recipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. 2. OMB Standards: Unless specified otherwise within this agreement, the Sub - recipient shall procure all materials, property, or services- in accordance with the requirements of 24 CFR 84.40-48. 3. Travel: The Sub -recipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets: The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Sub -recipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Sub -recipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Sub -recipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Sub -recipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Sub -recipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate]. 3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Sub -recipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. VIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Sub -recipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The Sub -recipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG- Subrecipient Agreement Page 6 of 13 Attachment No. 1 assisted project. The Sub -recipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. IX. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance: The Sub -recipient agrees to comply with local and state civil rights ordinances here and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination: The Sub -recipient agrees to comply with the non- discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 4. Land Covenants: This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Sub -recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Sub -recipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504: The Sub -recipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Sub - recipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan: The Sub -recipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Sub - recipient to assist in the formulation of such program. The Sub -recipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds, consistent with the policy in Exhibit "F", attached hereto and incorporated herein. 2. Women- and Minority -Owned Businesses (WIMBE): The Sub -recipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business.. that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Sub - recipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. Subrecipient Agreement Page 7 of 13 Attachment No. 1 3. Access to Records: The Sub -recipient shall furnish and cause each of its own sub - recipients or subcontractors to furnish all Information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications: The Sub -recipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Sub -recipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. S. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement: The Sub -recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Sub -recipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions: The Sub -recipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own sub -recipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity: The Sub -recipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards: The Sub -recipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Sub -recipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Sub -recipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Sub -recipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Sub - recipient of its obligation, if any, to require payment of the higher wage. The Sub - recipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Sub -recipient and any of the Sub -recipient's sub -recipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Sub -recipient and any of the Sub- Subrecipient Agreement Page 8 of 1 3 Attachment No. 1 recipient's sub -recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Sub -recipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Sub -recipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Sub -recipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Sub -recipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications: The Sub -recipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts: The Sub -recipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Sub -recipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability: The Sub -recipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Sub -recipient from the Grantee under this contract may be assigned to a bank, trust company, or Subrecipient Agreement Page 9 of i 3 Attachment No. 1 other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts: a. Approvals: The Sub -recipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b. Monitoring: The Sub -recipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content: The Sub -recipient shall cause all of the provisions of this contract in its entirety •to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process: The Sub -recipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall he forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act: The Sub -recipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest: The Sub -recipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Sub -recipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Sub -recipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Sub -recipient, or any designated public agency. 5. Lobbying: The Sub -recipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; Subrecipient Agreement Page 10 of 13 Attachment No. 1 b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all Sub -recipients shall certify and disclose accordingly: d. Lobbying Certification: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright: If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities: The Sub -recipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytizing. X. ENVIRONMENTAL CONDITIONS A. Air and Water: The Sub -recipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: • Clean Air Act, 42 U.S.C. , 7401, et seq.; • Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there -under; • Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection: In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Sub -recipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint: The Sub -recipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and. precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending, on the amount of Federal Subrecipient Agreement Page 7 1 of 13 Attachment No. 1 funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation: The Sub -recipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. XI. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIII. WAIVER The Grantee's failure to act with respect to a breach by the Sub -recipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XIV. INTERPRETATION OF THE AGREEMENT The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to the Grantee. The SUB -RECIPIENT shall be responsible for complying with all local, state, and federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such revision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. XV. ATTORNEY'S FEES In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of, this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non - prevailing party all reasonable attorney's fees, costs, and expenses incurred by the prevailing party. XVI. ENTIRE AGREEMENT This agreement constitutes the entire agreement and the attachments referenced below between the Grantee and the Sub -recipient for the use of funds received under this'Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Sub -recipient with respect to this Agreement. ATTACHMENTS Exhibit A -Scope of Services Exhibit B-Budget Exhibit C-Board of Directors and Bylaws Exhibit D-Technical Assistance Materials Exhibit E-Affirmative Action Policy Suhrecipient Agreement Page 12 of 13 Attachment No. 1 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. City of ational City Christmas in July*National City n Morrison Cecilia Kirk Mayor, City of National City APPROVED AS TO FORM George Eiser City Attorney ATTEST City Jerk Executive Director Subrccipient Agreement Page 19 of 13 Attachment No. 1 EXHIBIT A SCOPE OF SERVICES 1. The Program/Project consists of the following activities: 4escipt i Christmas in July* National City will be performing tenant improvements in our steel warehouse located at 2101 Hoover Avenue. We will be pouring concrete in two different portions. The first phase will be 1716 sq ft this equals 190.66 yd2. Prior to pouring the concrete we need to form the frames and then build the metal rods. The pouring of the concrete will take place immediately following the finishing of the framing. This same procedure will be done for the second part of the warehouse. The second portion of this task is 485 yd2. Following this process our contractor will proceed to the Footings and the purchase of Electrical supplies. Our first priority is our source of electricity; hence our panels will be installed first. Immediately following the framing of the office building we will resume work after the work is inspected. The rest of our work will be executed in the following order: 1. Plumbing 2. Insulation 3. Sheet it 4. Dry Walls 5. Doors will be hung 6. All of our cabinets will be installed 7. Toilets 8. Paint 9. Trim Work 2. The following lists the staff and time commitments to be allocated to activity listed above. Via, .. .1f4,..''WT 1.1,'�"��iR'-^5'�'�`Yc^.�2 vF K 4Y'� P... (.l tr ��Y 1i.d'. Y"}G."y` tamer» _MISOr hill ?itIMI �,-� : �f� n ,, x CIF:". 4- 'tky'.5i S 'Y }i "f>.r f.� 'd' ] ' jd t a .s. Cecilia Garcia -Kirk Executive Director 30 hours per week Julie Sepulveda Vista -Volunteer . 30 hours per week RoseAnita Hernandez Vista -Volunteer 30 hours per week 3. Billing Method: Monthly x Quarterly 4. List the type of supporting documentation to be provided: The invoices from our contractor will be submitted. 5. List the major/key activity milestones: Major Activity Milestones Month 1 2 3 4 5 6 7 8 9 10 11 12 Hire Staff Program Implementation Provide Program Services Contractor x Attachment No. 1 EXHIBIT B BUDGET Agency Name: Christmas in July* National City Activity Name: Tenant Improvements Description CDBG BUDGET OTHER RESOURCES TOTAL BUDGET 1) Personnel (Direct labor) 2) Fringe Benefits 3) Travel 4) Supplies and Materials Foundations, Framing, Insulation, Drywall, Doors, Windows, Suspended Ceiling 44,100.00 81,000.00 125,100.00 Electrical 6,000.00 $6,000.00 Concrete Base 4,300.00 4,300.00 Pouring Concrete 12,562.50 5) Sub Total for Direct Costs 44,100.00 103,862.50 $135,400.00 Flood Insurance 900.00 1,144.00 2,044.00 6) Indirect Costs (Overhead) Administrative Cost 5,000.00 5,000.00 TOTAL 50,000.00 $ 105,007 155,006.50 Attachment No. 1 Exhibit C Board of Directors By -Laws Attachment No. 1 Christmas in July * National City 2008 Board of Directors Frank Parra 2817 N. Avenue National City, CA 91950 Tel: (619) 336-1415 Email: fparra@ci.national-city.ca.us Mike Castanos 3981 Corolyn Dr. La Mesa, CA 91941 Tel: (619) 336-7717 or (619) 322-5600 Email: mikec@national.k12.ca.us Joseph Coit 2316 E 4th Street National City, CA 91950 Tel: (619) 818-0838 Email: jgcoit@msn.com Bill Lawrence 10240 Kamwood Court San Diego, CA 92I26 Tel: (858) 531-3847 Email: blawrence@usafed.org William Morales 1420 East 5th Street National City, CA 91950 Tel: (619) 474-5729 Tomas Munoz 4015 Cherry Blossom National City, CA 91950 Tel: (619) 479-3590 Email: nomastomas1953@netzero.com Ron Oliver 6670 Federal Blvd. Lemon Grove, CA 91945 Tel: (619) 287-5696 Ext. 4230 Email: roliver@edcodisposal.com City Councilman National City Resident Lions Club Asst. Superintendent National School District Marketing Executive National City Resident Kiwanis Club National City Chamber of Commerce Ambassador Retired R&D Engineer Rohr Industries National City Resident Veterans of Foreign Wars Maintenance Engineer, Friendship Manor National City Resident EDCO Director of Market Development Attachment No. 1 Lauren Lauletta 140 E. 12th Street, Suite A National City, CA 91950 Tel: (619)336-4289 Email: lauletta@ci.national-city.ca.us h-1a;-ina Diaz 910 Hale Place, Suite 200 Chula Vista, CA 91914 Tel: (619) 208-6926 Email: martinadiaz@thediazteamsd.com Neva Buckhanon 9999 Willow Creek Rd. San Diego, CA 92131 Tel: (858) 831-8100 ext. 519 Email: nbuckhanon@usafed.org Debra Manley 1309 Bay Marina Drive National City, CA 91950 Tel: (619) 419-1200 Email: debra_manley@pashanet.com David'Na 1309 Bay Manna Dn` National City ,CA 919 Tel: (619):336-9242 John'Snyder 6670 Federal Lemon rave,„ 92: Tel '(619) 287-5696, Yvette+Snyder' 6670;; Lemon Grove,CA92I Tel' (619).247.6585 Pat Flores 5988 Altamont Drive San Diego, CA 92139 Tel: (619) 475-3762. Rosalie"Rosie" Alvarado 1130 Manchester Ave. National City, CA 91950 Tel: (619) 267-5974 City of National City Community Services Dept Neighborhood Council Specialists Ashlon Realty USA Federal Credit Union Regional Business Development Manager PASHA Services, National City Production Expediter PASHA Services, National-Ci, Field Service Representative • EDCO Disposal Co Retired US Navy Chief Board Member National School District National City Resident Attachment No. 1 Staff Executive Director Cecilia Garcia -Kirk 311 East 2nd Street National City, CA 91950 Tel: (619) 474-1823 Treasurer John Kirk 311 East 2nd Street National City, CA 91950 Tel: (619) 474-4483 AmeriCorps Vista Volunteer RoseAnita Hernandez 712 E. 19th Street National City, CA 91950 (619) 288-5357 National City Resident Lions Club Christmas in July, Full -Time Volunteer Retired US Navy Chief National City Resident, Past District Governor Lions Clubs International, Lions Club, Veterans of Foreign Wars, Fleet Reserve Assoc., American Legion Attachment No. 1 BYLAWS Of CHRISTMAS IN JULY * NATIONAL CITY A California Nonprofit Public Benefit Corporation 1 Attachment No. 1 Article I Name and Offices Section 1.1 Name This corporation shall be known as Christmas in July * National City (hereafter referred to as the "Corporation"). Section 1.2 Principal Office The principle office of the Corporation shall be located in San Diego County, California. The principal address may change from one location to another within the named county as determined by the Board of Directors_ Article II Purposes Section 2.1 General Purpose The Corporation is organized and will be operated exclusively for charitable and educa- tional purposes within the meaning ofSection501 (c) (3) of the Internal Revenue Code of 1954 or its successor provisions. Section 2.2 Specific Purpose In furtherance of the above General Purpose, the Corporation will pursue decent housing affordable to low and moderate income persons. The Corporation will sponsor volunteer projects to repair the homes of low income, elderly and handicapped persons_ Consistent with the foregoing purposes the Corporation may engage in any lawful activity that may be incidental or reasonably necessary to those purposes, and may exercise all powers now or hereafter available to corporations organized under the State of Califomia Nonprofit Corporation Act. Article III Directors and Meetings Section 3.1 Powers Subject to the limitations stated in the Articles of Incorporation, these Bylaws, and the Nonprofit Corporation Law, and subject to the duties of Directors as prescribed by the Nonprofit Corporation Law, all corporate powers shall be exercised by, or under the di- rection of, and the business and affairs of the Corporation shall be managed by, the Board 2 Attachment No. 1 of Directors. The individual Directors shall act only as members of the Board of Direc- tors, and the individual Directors shall have no power as such. Section 3.2 Number of Directors (Revised 8 February 1995, Resolution No. 1-95) The authorized number of Directors of the Corporation shall not be less than Nine (9) nor more than twenty-one (21), The exact number being fifteen. (15) as of February 8, 1995. Such number shall remain until such time as changed by proper action of the Board of Directors. Section 3.2a Designation of Board Membership (Added 8 February 1995, Resolution No. 1-95) At least one-third of the membership on the Board of Directors shall be made up of Na- tional City Residents living in designated low-income neighborhoods, other low-income community residents, or elected representatives of low-income neighborhoods. Section 3.3 Election, Term of Office, and Qualifications (a) The Directors shall be elected at least annually at any regular or special meeting of the Board of Directors held for that purpose to fill vacant positions and positions becoming vacant as a result of expiring terms. (b) The term of a Director shall be three (3) years unless otherwise determined at the time a Director is elected. A Director shall hold office until the earlier of (I) the expiration of the term, which shall not exceed three (3) years, for which such Director was elected and either such Director's successor is elected and qualified or the Board of Directors dec- lares such Director's position to be vacant, or (II) the death, resignation or removal of the director. (c) No Director shall serve more than two (2) consecutive terms unless the limitation is waived by a two-thirds (2/3) vote of the authorized number of Directors. Section 3.4 Removal (a) Any or all Directors may be removed, with or without cause, by a majority of the Board of Directors then in office. (b) The board of Directors shall be entitled to remove from office any Director who has failed to attend one-half (1/2) of the meetings of the Board of Directors during any twelve (2) month period without having such absences e excused by the President of the Corpo- ration. Section 3.5 Organization Meeting The meeting determined by the Board of Directors to be the annual meeting and each meeting at which at least one-third (1/3) of the Board of Directors is elected shall consti- 3 Attachment No. 1 tute an organizational meeting for the purpose of organization, the election of officers and the transition of other business. No notice of such meeting need be given to the newly - elected Directors. Section 3.6 Other Regular Meetings The Board of Directors may provide by resolution the time and place for the holding of regular meetings of the Board of Directors. No notice of such regular meetings of the Board of Directors need be given, unless the meeting is to consider the removal of a Di- rector (other than removal pursuant to Section 3.4 (b)) and/or an amendment to the By- laws in which case notice shall be given as required for special meetings. Section 3.7 Calling Meetings Regular or special meetings of the Board of Directors may be called at any time by the President, any Vice President, the Secretary, or any two (2) Directors of the Corporation. Section 3.8 Notice of Special Meetings Notice of the time and place of special meetings of the Board of Directors shall be deli- vered in the manner and at the time required by the Nonprofit Corporation Law. Such no- tice need not specify the purpose of the meeting except for matters that require notice for a regular meeting described in Section 3.6. Notice shall not be necessary if appropriate waivers, consents and/or approvals are given of the holding of the meeting without no- tice. Section 3.9 Conduct of Meetings Meetings of the Board of Directors shall be presided over by the President of the Corpo- ration or in his or her absence, by the Vice President of the Corporation or, in the absence of each of these persons, by a Chairperson chosen by a majority of the directors present at the meeting. The Secretary of the Corporation shall act as the secretary of all meetings of the board, provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the meeting. Meetings shall be governed by Robert's Rules of Order, as such rules may be revised from time to time, insofar as such rules are not in- consistent with or in conflict with these Bylaws, with the Articles of Incorporation of this corporation, or with provisions of law. Section 3.10 Quorum and Voting (a) A quorum shall consist of one-third (1/3) of the authorized number of Directors for the transaction of business. Every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present shall be the act of the Board of Directors, unless the Articles of Incorporation, these bylaws, or the Nonprofit Corporation Law specifically requires a greater number. In the absence of a quorum at any meeting of the hoard of Directors, a majority of the Directors present 4 Attachment No. 1 may adjourn the meeting. A meeting at which a quorum is initially present may con- tinue to transact business, notwithstanding the withdrawal of enough Directors to leave less than a quorum, if any action taken is approved by at least a majority of the required quorum for such meeting. (b) Directors may not vote by proxy. Directors may participate in a regular or special meeting through conference telephone or similar communications equipment but only if all members participating in such meeting can hear one another. (Section (b) is kind of shaky don't you think. No provision to contact or include all direc- tors) Section 3.11 Fees and Compensation Directors shall not receive any compensation for their services as Directors, but, by reso- lution of the Board of Directors, a fixed fee may be allowed for attendance at each meet- ing. Directors may be reimbursed in such amounts as may be determined from time to time by the Board of Directors for expenses incurred while acting on behalf of the Corpo- ration and/or expenses incurred in attending meetings of the Board of Directors. Nothing herein shall be construed to preclude any Director from serving the Corporation in any other capacity as an officer, agent, employee, or otherwise, and receiving compensation therefor, except that not more than forty-nine percent (49%) of the persons serving on the board may be financially interested persons. For purposes of this section, "interested per- sons" means either: (a) Any person currently being compensated by the corporation for services rendered it within the previous twelve (12) months, whether as a full or part-time officer or other employee, independent contractor, or otherwise, excluding any reasonable compensa- tion paid to a director as a director; or (b) Any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, son- in-law, daughter-in-law, mother-in-law, or father-in-law of any such person. Section 3.12 Action Without Meeting Any action required or permitted to be taken by the Board of Directors may be taken ithout a meeting, if all members of the Board shall individually or collectively consent in writing to such action. Such written consent or consents shall be filed with the minutes of the proceedings of the Board. Such action by written consent shall have the same force and effect as a unanimous vote of such Directors at a duly authorized meeting. Section 3.13 Conflict of Interest No Director, Officer or Employee who in the course of his or her duties is required to or is in a position to approve or influence the decision making process as to which project or projects the Corporation shall engage in, shall have any financial interest in such project, 5 Attachment No. 1 nor shall any such persons close relatives or business associates have any financial inter- est in such project. Close relatives shall mean either natural or by operation of any of the following: parents, spouse, siblings, cousins or in-laws. If any such director, officer or employee owns or has any direct or indirect financial or personal interest in any Corpora- tion project or projects, such person shall immediately make a written disclosure of that interest to the Board of Directors and the disclosure shall be entered on the minutes of the Corporation. Failure to make the disclosure required by this subdivision constitutes mis- conduct in office. Section 3.14 Non -Liability of Directors The Directors shall not be personally liable for the debts, liabilities, or other obligations of the Corporation. Section 3.15 Indemnification by Corporation of Directors, Officers, Employees and Other Agents To the extent that a person who is, or was, a director, officer, employee or other agent of this corporation has been successful on the merits in defense of any civil, criminal, ad- ministrative or investigative proceeding brought to procure a judgement against such per- son by reason of the fact that he or she is, or was, an agent of the corporation, or has been successful in defense of any claim, issue or matter, therein, such person shall be indemni- fied against expenses actually and reasonably incurred by the person in connection with such proceeding. If such person either settles any such claim or sustains a judgement against him or her, then indemnification against expenses, judgements, fines, settlements and other amounts reasonably incurred in connection with such proceedings shall be provided by this corpo- ration but only to the extent allowed by the Board of Directors, in accordance with the requirements of, Section 5238 of the California Nonprofit Public Benefit Corporation Law. Section 3.16 Insurance for Corporate Agents The Board of Directors may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent or the Corporation (including a director, officer, em- -zee or other agent of the Corporation) against any liability, other than for violating provisions of law relating to self -dealing (Section 5233 of the California Nonprofit Public Penefit Corporation Law) asserted against or incurred by the agent in such capacity or .rsing out or the agent's status as such, whether or not the Corporation would have the power to indemnify the agent against such liability under the provisions of Section 5238 or the California Nonprofit Public Benefit corporation Law. 6 Attachment No. 1 Section 3.17 Gifts The Board of Directors may accept on behalf of the Corporation any contributions, gift, bequest, or device for the charitable or public purposes of the Corporation. Article IV Officers Section 4.1 Officers The officers of the corporation shall be a President, a Vice President, a Secretary, and a Treasurer, who shall be the Chief Financial Officer of the Corporation. The Corporation may also have, at the discretion of the Board of Directors, a Chairman of the Board, one or more additional Vice Presidents, one or more Assistant Secretaries, and such other of- ficers as may be determined from time to time by the Board of Directors. One person may hold two or more offices; provided, however, that neither the Secretary nor the Trea- surer may serve concurrently as the President or the Executive Director. Section 4.2 Election and Term The officers of the corporation shall be chosen by the Board of Directors and shall serve at the pleasure of the board of Directors, subject to the rights, if any, of an officer under any contract of employment. Officers need not be chosen from among the Directors. Section 4.3 Removal and Resignation Any officer may be removed, either with or without cause, by the Board of Directors, at any time. Any officer may resign at any time by giving written notice to the Board of Di- rectors or to the President or Secretary of the Corporation. Any such resignation shall take effect at the date of receipt of such notice or at any later date specified therein, and, unless otherwise specified therein, the acceptance of such resignation shall not be neces- sary to make it effective. The above provisions of this section shall be superseded by any conflicting terms of a contract which has been approved or ratified by the Board of Direc- tors relating to the employment of any officer of the Corporation. Section 4.4 Duties of the President The President shall be the Chief Executive Officer of the corporation and shall, subject to the control of the Board of Directors, supervise and control the affairs of the corporation and the activities of the officers. He or she shall perform all duties incident to his or her office and such other duties as may be required by law, by the Articles of Incorporation, or by these Bylaws, or which may be prescribed from time to time by the Board of Direc- tors. The President shall, if present, preside at all meetings of the Board of Directors. If 7 Attachment No. 1 applicable, the President shall preside at all meetings of the members. Except as other- wise expressly provided by law, by the Articles of Incorporation, or by these Bylaws, he or she shall, in the name of the corporation, execute such deeds, mortgages, bonds con- tracts, checks, or other instruments which may from time to time be authorized by the Board of Directors. Section 4.5 duties of Vice President In the absence of the President, or in the event of his or her inability or refusal to act, the Vice President shall perform all the duties of the President, and when so acting shall have all the powers of, and be subject to all the restrictions on, the President. The Vice Presi- dent shall have other powers and perform such other duties as may be prescribed by law, by the Articles of Incorporation, or by these Bylaws, or as may be prescribed by the Board of Directors. Section 4.6 Duties of the Secretary The Secretary shall keep at the principal office of the Corporation or at such other place as the board may determine, the original or a copy of the Articles of Incorporation and these Bylaws, as amended to date, a book of minutes in written form of all meetings of the directors, and, if applicable, meetings of committees, recording therein the time and place of holding, whether regular or special, how called, how notice thereof was given, the names of those present or represented at the meeting, and the proceedings thereof. Be custodian of all corporation records and maintain a roster of all Board and Committee members. Exhibit at all reasonable times to any director of the corporation, or to his or her agent or attorney, on request therefor, the Bylaws, any membership book, and the minutes of the proceedings of the directors of the corporation. In general, perfonn all duties incident to the office of secretary and such other duties as may be required by law, by the Articles of Incorporation of this corporation, or by these Bylaws, or which may be assigned to Him or Her from time to time by the Board of Di- rectors. Section 4.7 Duties of the Treasurer The Treasurer will be the Chief Financial Officer. The Treasurer will keep and maintain, or will supervise and cause to be kept and maintained, adequate and con-ect books and records of account in written form or any other form capable of being converted into written form. The Treasurer will give or cause to be given to the Directors such financial statements and reports as are required by law, by the Bylaws, or by the Board. The books of account are open to inspection by any Director at all reasonable times. 8 Attachment No. 1 The Treasurer will deposit, or will supervise and cause to be deposited: all monies and other valuables in the name and to the credit of the Corporation with such depositaries as may be Designated by the Board of Directors. The Treasurer will disburse, or will super- vise and cause to be disbursed, all funds of the Corporation as may be ordered by the Board of Directors, will render to the President and Directors, whenever they request it, an account of all of the Treasure's transactions as Treasurer and of the financial condition of the Corporation, and will have such other powers and performs such other duties as may be prescribed by the Board of Directors, including the following: a. Insure the preparation and presentation to the Board of Directors all financial statements as requested and/or required by law. b. Insure the preparation of annual tax returns. c. Establish procedures for handling corporate funds. Section 4.8 Compensation The compensation, if any, of the officers shall be fixed from time to time by the Board of Directors, and, except as provided in Section 3.11, no officer shall be prevented from re- ceiving such compensation by reason of the fact that the officer is also a Director of the Corporation. Article V Execution of Instruments, Deposits and Funds Section 5.1 Execution of Instruments The Board of Directors, except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the corporation to enter into any contract or execute and satisfy any instrument in the name of and on behalf of the corporation, and such authority may be general of confined to specific instances. Unless so authorized, no officer, agent, or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount. However, in the absence of any action by the Board of Directors to the con- trary, the President shall be authorized to execute such instruments on behalf of the Cor- poration. Section 5.2 Checks and Notes Except as otherwise specifically determined by resolution of the Board of Directors, or as otherwise required by law, checks, drafts, promissory notes, orders for the payment of money, and other evidence of indebtedness of the corporation shall be signed by the Pres- ident of the corporation. 9 Attachment No. 1 Section 5.3 Loans The President or any other officer, employee or agent authorized by the Bylaws or by the Board of Directors may effect loans and advances from any bank, trust company or other institutions or from any firm, corporation or individual and for such loans and advances may make, execute and deliver promissory notes, bonds or other certificates or evidences of indebtedness of the corporation, and when authorized by the Board of Directors to do so, may pledge hypothecate or transfer assets of the corporation as security for such loans or advances. Such authority conferred by the Board of Directors may be general or con- fined to specific instances or otherwise Iimited. Section 5.4 Standards, Retention of Property 1. In investing, reinvesting, purchasing, acquiring, exchanging, selling and managing the Corporation's investments other than assets held for use or used directly in carrying out a public or charitable program of the Corporation, the Board of Directors shall avoid speculation, looking instead to the permanent disposition of the funds, consi- dering the probable income, as well as the probable safety of the Corporation's capi- tal. Unless limited by the (Nonprofit Corporation Law, the Articles of Incorporation and/or these Bylaws) Articles or the Bylaws, the Corporation may continue to hold property properly acquired or contributed to it if and as long as the Board of Directors, in the exer- cise of good faith and of reasonable prudence, discretion and intelligence, may consider that retention is in the best interests of the Corporation. No retention of donated assets violates this section 5.4, where such retention was required by the donor in the instrument under which the assets were received by the Corporation, except that no such requirement may be effective more than ten (10) years atter the death of the donor_ 2. No investment violates this Section 5.4 by virtue of the investment's speculative cha- racter, where the investment conforms to provisions authorizing such investment con- tained in the instrument or agreement under which the assets were contributed to the Corporation. Article VI Committees Section 6.1 Executive and Other Committees of the board of Directors The Board of Directors may, by resolution, create an executive cornrnittee and/or other committees, consisting of two or more Directors. Such committees shall have such power and authority as may be determined by the Board of Directors, subject to the limitations 10 Attachment No. 1 imposed on such power and authority by the Nonprofit Corporation Law and/or the Ar- ticles of Incorporation. Section 6.2 Other Committees a. The Board of Directors may, by resolution, create other committees, including ad hoc advisory committees, consisting of two or more Directors and other persons as necessary or appropriate. Committee chairs shall normally be members of the Board of Directors and shall be appointed by the President. b. The duties of each committee shall be determined and may be modified from time to time by the Board of Directors. Each committee shall have such power and au- thority as imposed by the Nonprofit Corporation Law and/or the Articles of In- corporation. Committees with non -Board Members shall be advisory only. Article VII Members Section 7.1 No Statutory Members The Corporation shall have no Members ("Members") as defined in section 5056 of the Nonprofit Corporation Law of the State of California as amended from time to time (the "Nonprofit Corporation Law"). As a non-member Corporation, any action which would otherwise require approval by a majority of all members or approval by the members, shall only require the approval of the Board of Directors. Section 7.2 Action by Members Any action which would otherwise require a vote of Members shall require only a vote of the Board of Directors, and no meeting of members shall be required. All rights, which would otherwise vest in the Members, shall vest in the Board of Directors. Section 7.3 Associated Persons Nothing in this Article VII shall be construed as limiting the right of the Corporation to refer to persons associated with it as "members" even though such persons are not Mem- 1-:rrs, and no such reference shall constitute anyone a Member, within the meaning of Sec- tion 5056 of the Nonprofit Corporation Law. The Corporation may confer by amendment of its Articles or of these Bylaws some or all of the rights of a member, as set forth in the Nonprofit Corporation Law, upon any person or persons; provide, however, that no such person or persons shall be a member within the meaning of said Section 5056 unless such person(s) is given the right, Pursuant to a specific provision of the Articles and/or By- laws, to vote for the election of a director or directors, to vote on a disposition of all or substantially all of the assets of the Corporation, to vote on a merger or dissolution of the Corporation, and/or to vote on changes to the Articles and/or Bylaws. 11 Attachment No. 1 Section 7.4 Open Meetings to Public (Added 8 March 1995, Resolution No, 2-95) The public, particularly low-income, program beneficiaries, are invited to all regular meetings of Christmas in July * National City for the purpose of advising this organiza- tion in all of its decisions regarding the design, siting, development and management of all affordable housing projects. Article VIII Fiscal Year and financial Matters Section 8.1 Fiscal Year The fiscal Year of the Corporation shall begin on the first day of January and end on the last day of December in each year. Section 8.2 Prohibition Against Sharing Corporate Profits and Assets No member, director, officer, employee, or other person connected with this Corporation, or any private individual, shall receive at any time any of the net earnings or pecuniary profit from the operations of the Corporation, provided, however, that this provision shall not prevent payment to any such person of reasonable compensation for services per- formed for the Corporation in effecting any of its public or charitable purposes, provided that such compensation is otherwise permitted by these Bylaws and is fixed by resolution of the Board of Directors; and no such person or persons shall be entitled to share in the distribution of, and shall not receive, any of the corporate assets on' dissolution of the Corporation. 12 Attachment No. 1 Article IX Amendments (a) The Articles of Incorporation and/or these Bylaws may be amended, repealed, or re- placed by the affirmative vote of a majority of the Board of Directors then in office. ex- cept as otherwise provided by law or by the Articles of Incorporation. Written Consent of Directors Adopting Bylaws We, the undersigned, are all of the persons named as the initial Directors in the Articles of Incorporation of Christmas in April * National City, a California nonprofit corpora- tion, and, pursuant to the authority granted to the Directors by these Bylaws to take action by unanimous written consent without a meeting, consent to, and hereby do, adopt the foregoing Bylaws, consisting of 13 pages, as the Bylaws of this Corporation. Dated: July 7, 1994 Signed: George H. Waters, Director Signed: David L. Sheldon, Director Signed: Robert L Frodera, Director Signed: Mary Alice Taliak, Director Signed: Elisabeth Garcia, Director Signed: Jo Ellen Zayer, Director Signed: Al Alvarado, Director Signed: Lori Anne Peoples, Director Signed: Stanley 1-1. Gabarra, Director 13 Attachment No. 1 EXIBIT D TECHNICAL ASSISTANCE MATERIALS The Sub -recipient attended the Community Development Block Grant (CDBG) Technical Assistance Non -Profit Workshop held on June 28, 2007, and received the following items: 1. Playing by the Rules, A Handbook for CDBG Sub -recipients on Administrative Systems (if not previously provided) 2. CFR Title 24- Housing and Urban Development, CDBG Regulations (if not previously provided) 3. OMB A-122 4. Quarterly/Annual Performance Reporting Form (updated format) 5. Compliance and Performing Monitoring Tool 6. Expenditure Reimbursement Claim Form (updated format) 7. Qualifying Beneficiary Intake Data Form (updated format) The workshop and reference documents will assist the Sub -recipient with new U.S Department of Housing and Urban Development and City of National City reporting requirements. Attachment No. 1 EXHIBIT E AFFIRMATIVE ACTION POLICY 1. Provision of Program Services a. SUB -RECIPIENT shall not, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, exclude any person from participation in, deny any person the benefts of, or subject any person to discrimination under any program or activity funded in whole or in part with CDBG funds. b. SUB -RECIPIENT shall not under any program or activity funded in whole or in part with CDBG funds, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap: 1) Deny any facilities, services, financial aid or other benefits provided under the program or activity; or 2) Provide any facilities, services, financial aid, or other benefits which are different or are provided in a different form from that provided to others under the program or activity; or 3) Subject to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity; or 4) Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity; or 5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services, or other benefits provided under the program or activity; Or 6) Deny any opportunity to participate in a program or activity as an employee. c. SUB -RECIPIENT may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, religion, color, national origin, sex, sexual preference, or handicap, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, religion, color, national origin, sex, sexual preference or handicap. d. SUB -RECIPIENT, in determining the site or location of housing or facilities provided in whole or in part with CDBG funds, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to discrimination on the grounds of race, color, national origin, or sex, or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Civil Rights Act of 1964 and amendments thereto: Attachment No. 1 e. In administering a program or activity funded in whole or in part with CDBG funds regarding which the SUB -RECIPIENT has previously discriminated against persons on the grounds of race, religion, color, national origin, sex, sexual preference or handicap, the SUB -RECIPIENT must take affirmative action to overcome the effects of prior discrimination. f. Even in the absence of such prior discrimination, a SUB -RECIPIENT in administering a program or activity funded in whole or in part with CDBG funds should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin, or sex. Where previous discriminatory practice or usage tends, on the grounds of race, religion, color, national origin, sex, sexual preference, or handicap, to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program or activity to which CDBG funding applies, the SUB -RECIPIENT has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage, and to accomplish the purpose of the Civil Rights Act of 1964. A SUB -RECIPIENT shall not be prohibited by this part from taking any eligible action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction where the purpose of such action is to overcome prior discriminatory practice or usage. h. Notwithstanding anything to the contrary in Sections J. 1. (a. through h.), nothing contained herein shall be construed to prohibit any SUB -RECIPIENT from maintaining or constructing separate living facilities or rest -room facilities for the different sexes. Furthermore, selectivity onthe basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same.sex as the recipients of the services. 2. Employment Discrimination a. SUB -RECIPIENT shall not discriminate against any employee or application for employment because of race, color, religion, sex, national origin, age, or handicap. SUB -RECIPIENT shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, age, or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rate -of -pay or other forms of compensation and selection for training including apprenticeship. SUB -RECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. b. SUB -RECIPIENT shall, in all solicitations or advertisements for employees placed by or on behalf of SUB -RECIPIENT, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or handicap. c. SUB -RECIPIENT shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the CDC's contracting officers, advising the labor union or workers' representative of SUB -RECIPIENT'S commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notices in conspicuous places available to Attachment No. 1 employees and applicants for employment. d. SUB -RECIPIENT shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.. e. • SUB -RECIPIENT shall furnish to the CDC all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the related rules, regulations, and orders. f. In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and SUB - RECIPIENT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. SUB -RECIPIENT shall include the provisions of Section II. J. 2. (a. through f.), "Affirmative Action Policy," paragraphs (1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. SUB -RECIPIENT shall take such action with respect to any subcontract or purchase order as the CDC may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that iri the event SUB -RECIPIENT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the CDC, SUB -RECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. h. SUB -RECIPIENT shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). SUB -RECIPIENT shall also provide ready access to and use of all CDBG fund -assisted buildings to physically handicapped persons in compliance with the standards established in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.). 3. Remedies: In the event of SUB -RECIPIENT'S failure to comply with any rules, regulations, or orders required to be complied with pursuant to this Agreement, the CDC may cancel, terminate, or suspend in whole or in part its performance and SUB - RECIPIENT may be declared ineligible for further government contracts and any such other sanctions as may be imposed and remedies invoked as provided by law. 9, Attachement No. 2 AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CHRISTMAS IN JULY NATIONAL CITY This Amendment to Agreement is entered into this 6th day of April, 2010, by and between the City of National City, a municipal corporation ("the CITY"), and CHRISTMAS IN JULY NATIONAL CITY. RECITALS A. The CITY and CHRISTMAS IN JULY NATIONAL CITY entered into a Community Development Block Grant ("CDBG") Subrecipient Agreement on May 11, 2009, ("the Agreement") wherein funding will provide for construction materials needed to complete a public facility tenant improvement project that includes foundation, framing, plumbing, insulation, electrical, dry wall, exterior, roofing, doors, cabinets, toilets, paint and trim work. B. The parties desire to amend the Agreement to extend the term of the Agreement from June 30, 2009, to June 30, 2011. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on May 11, 2009, shall be amended by extending the term of the agreement to June 30, 2011. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated May 11, 2009, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY CHIN JULY NA 'NAL CITY By: By: Ron Morrison, Mayor Frank Parra, - resi• ent APPROVED AS TO FORM: George H. Eiser, I11 City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 11 EM TITLE: Resolution of the City Council of the City of National City Authorizing the Mayor to Execute the Memorandum of Understanding between the City of San Diego Office of Homeland Security and the City of National City regarding FY09 Urban Area Security Initiative (UASI) Grant Funding. (FIRE) PREPARED BY: Walter Amedee Jo- DEPARTMENT: Fir PHONE: (619) 336-4556 APPROVED BY: EXPLANATION: This Memorandum of Understanding documents roles, responsibilities, and expectations at the local, state, and federal levels and ensures that the City of National City, as a participant in the program, agrees to meet state and federal requirements. The Urban Area Security Initiative (UASI) grant provides funding for equipment and training needed to respond to natural or man-made disasters or terrorism incidents that may occur in the San Diego urban area. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Minor impact; the UASI Grant requires the City to request reimbursement for expenditures for training and equipment. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends authorizing the Mayor to execute the MOU between the City of San Diego Office of Homeland Security and the City of National City regarding the FY09 UASI grant funding. BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: MOU between the City of San Diego Office of Homeland Security and the City of National City regarding the FY09 UASI grant funding. 2. Resolution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY REGARDING THE FISCAL YEAR 2009 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM WHEREAS, the Urban Area Security Initiative ("UASI") grant program provides funding for equipment needed to respond to natural disasters or weapons of mass destruction terrorism incidents that may occur in the San Diego urban area; and WHEREAS, the City of National City is required to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security that documents the roles, responsibilities, and expectations at the local, State, and federal levels, and ensures that the City of National City, as a participant in the program, agrees to meet the State and federal requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security regarding the Fiscal Year 2009 Urban Area Security Initiative Grant Funding Program. Said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY REGARDING FY 09 URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective (effective date to be complete by City of San Diego City Attorney's Office) 2010, between THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY and THE CITY OF NATIONAL CITY under the following terms and conditions: 1. The Participating Agency agrees to comply with the Grant Assurances for Urban Area Security Initiative (Attachment A). 2. The Participating Agency agrees to submit a Reimbursement Request Form by the 10th day of each month to request reimbursement for costs incurred in accordance with the UASI grant program guidelines. 3. The Participating Agency agrees to submit at the time of signing of this MOU, and on October 1 of each year thereafter, a verified confirmation of its public safety personnel by category and within the definitions provided in item 3.1 below for each of those categories (Attachment B). Public safety personnel shall only be counted in one category and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records by category in the format below. 3.1 Public safety personnel categories and definitions shall be as follows (civilian personnel shall not be counted): Fire Services (FS) - Personnel at the urban area jurisdiction level who are in personnel classifications which provide services as first responders and meet the Hazmat First Responder Operations level requirements of Title 29 of the Code of Federal Regulations (CFR) Section 1910.120(q) (29CFR section 1910.120(q)) and Title 8 California Code of Regulations (CCR) Section 5192. Law Enforcement (LE) — Personnel, in accordance with the provisions of California Penal Code Sections 830-832.17, who work for agencies at the local and municipal level with responsibility as sworn law enforcement officers. Emergency Medical Services (EMS) — Personnel and contractors who, on a full-time or part-time basis serve as first responders, Emergency Medical Technician (EMT) I, II or Paramedic on ground -based and aero- medical services to provide pre -hospital care, through ambulance service, 1 Memorandum of Understanding - Urban Area Security Initiative Grant Funding rescue squad, or medical engine company. Personnel must meet the requirements set forth in the California Code of Regulations Title 22. Social Security, Division 9. Pre -hospital Emergency Medical Services Chapter 2, 3 or 4. HazMat (HZ) — Personnel, full-time or part-time, who identify, characterize, or provide risk assessment, and mitigate/control the release of a hazardous substance or potentially hazardous substance as Hazardous Materials Specialists or Technicians and members of the Hazardous Incident Response Team. 4. The Participating Agency agrees to maintain all documentation supporting all expenditures reimbursed from grant funds, and ensure all expenditures are allowable under grant requirements. Recipients that expend $500,000 or more of federal funds during their respective fiscal year agree to submit an organization - wide financial and compliance audit report. The audit shall be performed in accordance with the U. S. General Accounting Office Government Auditing Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department of Homeland Security; Pass -Through Agency: Office of Homeland Security; Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). The records shall be maintained and retained in accordance with UASI grant requirements and shall be available for audit and inspection by the City and designated grant agent personnel. 5. The Participating Agency agrees that all its expenditures shall be in accordance with the pre -approved expenditure details as submitted to the City and approved by the State of California Office of Homeland Security (CA -OHS) and the U.S. Department of Homeland Security Office of Domestic Preparedness (ODP). Any deviations from the pre -approved list shall be submitted to the City for approval before making such expenditures: 6. The Participating Agency agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from and against all liability arising out of the Participating Agency's acts or omissions under this MOU. 7. The City agrees to defend, indemnify, and hold harmless the Participating Agency, its agents, officers, and employees, from and against all liability arising out of the City's acts or omissions under this MOU. 2 Memorandum of Understanding - Urban Area Security Initiative Grant Funding IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the City of San Diego Office of Homeland Security and the City of National City, by and through their authorized representatives. CITY OF SAN DIEGO By: Title: CITY OF NATIONAL CITY By: Ron Morrison Title: Mayor I HEREBY APPROVE the form and legality of the foregoing Memorandum of Understanding this day of , 2010. JAN GOLDSMITH, City Attorney By: Deputy City Attorney 3 ATTACHMENT A California Emergency Management Agency FY09 Grant Assurances (All HSGP Applicants) Name of Applicant: City of Nat i ona 1 Ci ty Address: 1243 National City: National City City Ron1 evard State: CA Zip Code: 91950 Telephone Number: (619) 3 3 6— 4 5 5 6 Fax Number: (619) 336-4562 E-Mail Address: wamedee@nationalcityca. gov As the duly authorized representative of the applicant, l certify that the applicant named above: I. llas the legal authority to accept Federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub -granted through the State of California, California Emergency Management Agency (Cal EMA). 2. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years. 3. Will comply with any cost sharing commitments included in the FY09 Investment Justifications submitted to DHS/FEMA/Cal EMA, where applicable. Will give the Federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, through any authorized representative, access to, and the right to examine, all paper or electronic records, books, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards and/or awarding agency directives. 5. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline level of capability as defined by the Fusion Capability Planning Tool. 6. Will provide progress reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (1SIP) within 45 (forty-five) days of the award, and update via the Grant Reporting Tool (GRT) twice each year. 7. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA. Page I Initials) 8. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. Will comply with all provisions of DHS/FEMA's codified regulation 44, including Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. 10. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business, or other ties. 11. Agrees that, to the extent contractors or subcontractors are utilized, grantees and subgrantees shall use small, minority, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 12. Will notify Cal EMA of any developments that have a significant impact on award -supported activities, including changes to key program staff. 13. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 14. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS/FEMA/Cal EMA. 15. Will comply with all Federal Statues relating to Civil Rights and Nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of gender. c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps. d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age. e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. i Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. Page 2 Initials 42. j. The requirements on any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made. k. Will, in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. 1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. m. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 16. Will comply with the requirements of Titles lI and I11 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646]) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -assisted programs. 17. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is ten thousand dollars ($10,000) or more. 18. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require reevaluation of compliance with these EHP requirements. 19. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/FEMA/Cal EMA, including, but not limited to, communications towers, physical security enhancements, new construction and modifications to buildings that are fifty (50) years old or more. Any construction related activities initiated prior to full EHP review will result in a noncompliance finding. If ground -disturbing activities occur during the project implementation, the recipient must ensure monitoring of the disturbance. If any potential archeological resources are discovered, the recipient will immediately cease activity in that area and notify DHS/FEMA/Cal EMA and the appropriate State Historic Preservation Office. 20. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal EMA and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. Page 3 Initials iV2 21. Will provide any information requested by DHS/FEMA/Cal EMA to ensure compliance with applicable laws, including the following: a. Institution of environmental quality control measures under the National Environmental Policy Act, National Historical Preservation Act, Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (EO12898) and Environmental Quality (EO11514). b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.). d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). f. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 22. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448. 23. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies ofFEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 24. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with Federal support. 25. The recipient agrees to consult with DHS/FEMA/Cal EMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 26. Has requested through the State of California, Federal financial assistance to be used to perform eligible work approved in the submitted application for Federal assistance and after the receipt of Federal financial assistance, through the State of California, agrees to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the Federal or State government. Page 4 Initials WQ b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per Federal Fiscal Year. 27. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 28. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 29. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 30. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 31. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 32. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for Federally assisted construction sub -agreements. 33. Agrees that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. b. If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a Page 5 Initials L,%B prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 34. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 35. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non -Federal funds. 36. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. Will also comply with Title 28, Code of Federal Regulations, Parts 66 and 70, that govern the application, acceptance and use of Federal funds for Federally assisted projects. 37. Will comply with Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) 1990. 38. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 39. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational Institutions (OMB Circular A-21); Part 230 Cost Principles for Non -Profit Organizations (OMB Circular A-122). 40. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 41. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide and the current DHS Financial Management Guide. 42. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2009 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the FY 2009 Homeland Security Grant Program Guidance and Application Kit. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Page 6 Initials %% Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2009 Homeland Security Grant Program application. Further, use of FY09 funds is limited to those investments included in the California FY09 Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated through the peer review process. 43. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension". 44. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, a. The applicant certifies that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and b. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 45. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an on -going drug -free awareness program to inform employees about: i. The dangers of drug abuse in the workplace; ii. The grantee's policy of maintaining a drug -free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a). Page 7 Initials [,,% d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will i. Abide by the terms of the statement; and ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs ATTN: Control Desk 633 Indiana Avenue, N.W. Washington, D.C. 20531 Notice shall include the identification number(s) of each affected grant. f Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted. i. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. g. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 46. Will comply with all applicable requirements of all other Federal laws,executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 47. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Walter Amedee Title: Homeland Security Manager Date: April 6, 2010 Page 8 Initials 11J19 Attachment B CERTIFICATION OF PUBLIC SAFETY PERSONNEL BY CATEGORY FY 09 UASI Date: February 16, 2010 Agency: City of National City Authorized Agent Name: Walter Amedee Authorized Agent Signature: Public safety personnel shall only be counted in one category, as defined in the Memorandum of Understanding between the City of San Diego and the participating agency, and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records. For classifications not listed, please use the additional lines within each category. PARAMEDIC TOTAL FIRE FIGHTER FIRE ENGINEER FIRE CAPTAIN FIRE BATTALION CHIEF FIRE CHIEF DEPUTY FIRE MARSHAL TOTAL POLICE DISPATCHER SENIOR POLICE DISPATCHER 'TOTAL 12 12 19 9 9 1 1 43 12 1 13 Attachment B POLICE OFFICER I POLICE CORPORAL POLICE SERGEANT POLICE LIEUTENANT ASSISTANT POLICE CHIEF POLICE CHIEF TOTAL 50 21 13 1 1 92 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 12 =M TITLE: Resolution of the City Council of the City of National City authorizing reimbursable grant funds in the amount of $28,480 for equipment for the National City Police Department from the FY08 Urban Area Security Initiative Grant Program PREPARED BY: Walter Amedee GOO DEPARTMENT: Police PHONE: 619-336-4556 APPROVED BY: EXPLANATION: The FY08 Urban Area Security Initiative Grant Program was designed to supplement the purchase of equipment and training for police and fire personnel. The City of San Diego Office of Homeland Security coordinates the request for equipment and training. The National City Police Department submitted a request to purchase communications equipment to upgrade the NCPD's Command Vehicle. The NCPD's grant request to purchase equipment totaled $28,480. This UASI grant program requires the City to purchase the equipment and then submit documentation for reimbursement_ The NCPD must order and/or receive the equipment prior to the December 31, 2010 deadline. Staff recommends the utilization of $28,480 of City funds for equipment for the NCFD, and to request reimbursement for such equipment from the City of San Diego Office of Homeland Security. FINANCIAL STATEMENT: APPROVED: r • Finance ACCOUNT NO. 282-411-936-355-0000 APPROVED: MIS Minor impact; FY08 Urban Area Security Initiative Grant Program is a reimbursable grant that requires jurisdictions to order/receive equipment prior to being reimbursed for expenditures. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends the utilization of $28,480 of City funds for the NCPD. Direct Staff to submit reimbursement forms to the City of San Diego Office of Homeland Security. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: solution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING REIMBURSABLE GRANT FUNDS IN THE AMOUNT OF $28,480 FOR EQUIPMENT FOR THE NATIONAL CITY POLICE DEPARTMENT FROM THE FY08 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM WHEREAS, the Urban Area Security Initiative ("UASI") Grant Program, which is coordinated by the City of San Diego Office of Homeland Security, provides funding for equipment and training for police and fire personnel; and WHEREAS, the National City Police Department submitted a grant request for $28,480 to purchase communications equipment to upgrade the Department's command vehicle; and WHEREAS, this is a reimbursable grant program that requires the City to purchase the rescue equipment prior to requesting the reimbursement of grant funds; and WHEREAS, the City of National City is required to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security that documents the roles, responsibilities, and expectations at the local, State, and federal levels, and ensures that the City of National City, as a participant in the program, agrees to meet the State and federal requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes reimbursable grant funds in the amount of $28,480 for equipment for the National City Police Department from the FY08 Urban Area Security Initiative Grant Program. PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 13 M TITLE: Resolution of the City Council of National City awarding a contract to Palm Engineering in the amount not -to -exceed $54,500 and authorizing the Mayor to execute the agreement for construction improvements for the Kimball Bowl Sod Project, Specification No. 09-19 (Funded by Park & Recreation Capital Outlay Fund) PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: DEPARTMENT: Develgineering APPROVED BY: The Kimball Bowl Sod Project includes removal of existing +-6 inches clay soil to be transported and stored, soil import & preparation and 'big roll' installation of approximately 22,000 square feet of hybrid Bermuda sod followed by a 90 day maintenance period, the design, modification and installation of irrigation system to provide full coverage per sod manufacturer's specifications for the new sod and the removal and disposal of 1 concrete slab (17' X 5'), 1 concrete slab (18' X 5'), 2 steel benches (seat (2) 14' X 8" and back (2) 14' X 8"), 3 concrete bench bases, 3 steel pole bench bases, and 2 fence panels and as an additive alternative, patch existing frontage wall and paint to match. On March 9, 2010, 4 bids were opened. On page 19 of the contract for the Kimball Bowl Sod Project, it is stated "THE LOWEST APPARENT BIDDER WILL BE DETERMINED USING THE TOTAL OF THE BASE BID AND THE ADDITIVE ALTERNATE BID 'A' ". This being the case, the apparent low bidder is Palm Engineering (Please see attached Bidders' Proposal Sheet for details of the three lowest bidders.) ]ff recommends that Council award the contract and authorizes the Mayor to execute the agreement. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Funded by Account No. 115-409-500-598-40224PPROVED: ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Bid Opening Information Sheet 3. Bid Proposal Spreadsheet for the 3 lowest bidders RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PALM ENGINEERING IN THE NOT TO EXCEED AMOUNT OF $54,500 FOR CONSTRUCTION IMPROVEMENTS FOR THE KIMBALL BOWL SOD PROJECT WHEREAS, the Engineering Department, in open session on March 9, 2010, did publicly open, examine, and declare four sealed bids for Construction Improvements for Kimball Bowl Sod Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Construction Improvements for the Kimball Bowl Sod Project to the lowest responsive, responsible bidder, to wit: PALM ENGINEERING BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the not to exceed amount of $54,500 with Palm Engineering for the Construction Improvements for the Kimball Bowl Sod Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CALIFORNIA NATIONAL, tIT '1;: {1 NCORPORATED BID OPENING SPECIFICATION NUMBER: 09-19 PROJECT TITLE: NATIONAL CITY KIMBALL BOWL SOD PROJECT TIME: 3:00 P_M. DATE: TUESDAY, MARCH 9, 2010 ESTIMATE: $60,000 PROJECT ENGINEER: BARBY TIPTON NO. BIDDER'S NAME (PAGE 16-17) BID AMOUNT (PAGE 18-19) ADDENDA (PAGE 16) BID SECURITY (PAGE 21-CHECK (PAGE » -BOND) Palrn Engineering 3770 Hancock Street, Ste. H San Diego, CA 92110 J $54,500.00 J None J Yes 2. Rocket Enterprises 3333 Midway Drive, #102 $55,800.00 None Yes 3. De La Fuente Construction, Inc. 737 Marbella Ct. $61,642.50 None Yes 4. Telliard Construction 740 Amiford Drive $73,850.00 None Yes J # Description QTY. Units Palm Engineering Rocket Enterprises De La Fuente Construction 1 Mobilization 1 LS $ 5,000.00 $ 5,500.00 $ 500.00 2 Demolition and disposal of concrete, benches and fencing, patch wall at removal spot per attachment "B" 1 LS $ 3,000.00 $ 6,000.00 $ 4,467.50 3 Remove sports clay soil (approximately 400 cubic yards) and transport to storage area at El Toyon 1 LS $ 6,000.00 $ 6,500.00 $ 8,000,00 4 Prepare sub -grade, import rype "B" soil, test and add amendments, finish grade 1 LS $ 16,000.00 $ 11,050.00 $ 22,500.00 5 Design, install and modify existing irrigation system to cover the sod area and directly adjacent lawn, approximately 22,000 sq ft 1 LS $ 8,000.00 $ 9,000.00 $ 4,950.00 6 Provide and insUall large roll hybrid Bermuda sod, approximately 22,000 sq ft 1 LS $ 11,000.00 $ 12,500.00 $ 12,650.00 7 90 day Maintenance Period 1 ' LS $ 4,500.00 $ 1,500.00 $ 1,575.00 $ 53,500.00 $ 52,050.00 $ 54,642.50 Additve Alternate Bid "A": # Description QTY. Units Extension Extension Extension 1 Patch and paint concrete front wall to adjacent seating area. 1 LS $ 1,000.00 $ 3,750.00 $ 7,000.00 $ 1,000.00 $ 3,750.00 $ 7,000.00 $ 53,500.00 $ 52,050.00 $ 54,642.50 $' 1,000.00 $ 3,750.00 $ 7,000.00 $ 54,500.00 $ 55,800.00 $ 61,642.50 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 14 iM TITLE: Warrant Register #35 for the period of 02/24/10 through 03/02/10 in the amount of $949,700.84 PREPARED BY: D. Gallegos PHONE: 619-336-4331 EXPLANATION: DEPARTMENT: Financ APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period of 02/24/10 through 03/02/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Infrastructure Engineering 231786 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: $57,890.50 FINAL ADOPTION: APPROVED: APPROVED: Inflow and Infiltration STAFF RECOMMENDATION: Ratification of warrants in the amount of $949,700.84 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Varrant Register #35 PAYEE BEARD DESROCHERS FIRST AMERICAN TITLE INS CO GE CAPITAL HOGLE IRELAND INC HUSK PARTNERS NEIGHBORWORKS AMERICA PACIFIC BUSINESS CAPITAL CORP PRUDENTIAL OVERALL SUPPLY SAN DIEGO UNION TRIBUNE SDG&E STAPLES ADVANTAGE SWEETWATER AUTHORITY 1800-RADIATOR ABCANA INDUSTRIES ACEDO ALCEM FENCE COMPANY INC ALLE N • ,MERICAN BACKFLOW SPECIALTIES .MERICAN PLANNING ASSOCIATION AT & T MOBILITY AT&T/MCI ATLANTIC SAFETY PRODUCTS, INC. AUTO BEAUTY PRODUCTS BANC OF AMERICA PUBLIC & BARRETT ENGINEERED PUMPS INC. BOYD BRENNTAG PACIFIC, INC. BUSTAMANTE & ASSOC C W REED JR CALIFORNIA ELECTRIC SUPPLY CONDON CONSTRUCTION ELECTRONICS INC. COOPER'S PLUMBING & HEATING COX COMMUNICATIONS CROSSTOWN ELECTRICAL & DATA IN DAY WIRELESS SYSTEMS DEFRATIS DELL MARKETING CORP DEPT. OF INDUSTRIAL RELATIONS DICERCHIO DISCOUNT SPECIALTY CHEMICALS DREDGE :SRI INC VEREST MARINE EWERT, PHILLIP FEDERAL SIGNAL CORPORATION FERGUSON ENTERPRISES, INC FIRE INSTRUCTOR TESTING WARRANT REGISTER # 35 3/2/2010 DESCRIPTION REIMB-NEW PARTNERS SMART GROWTH RETIREMENT BENEFIT - MARCH 2010 CASA FAMILIAR TITLE INSURANCE INSTALLMENT FOR COPIER RENTAL SERVICES PERIOD: 12/01/09 / 12/31/09 CONSULTING SVCS - FEB 2010 HOUSING REHAB COURSE-G IBARRA EQUIPMENT RENTAL LAUNDRY SERVICE ADVERTISING 1640 E. PLAZA BLVD UTILITIES OFFICE SUPPLIES- S8 SERVICES FROM 12/08/09 - 02/01/10 RADIATOR 1533VP MUNICIPAL POOL CHEMICALS RETIREE HEALTH BENEFITS - MAR 2010 MISCELLANEOUS FENCE REPAIRS RETIREE HEALTH BENEFITS - MAR 2010 PURCHASES-BACKFLOWS/PARTS/CAGES MEMBERSHIP RENEWAL-P CHAPIN PD WIRELESS CIRCUIT 01/06-02/05/10 PHONE SERVICE 02/07-03/06/10 NITRILE EXAM GLOVES RED POLISH CAR SOAP CAT LOADER EQUIP LEASE PMT #16 PUMP MAINTENANCE, REPAIRS RETIREE HEALTH BENEFITS - MAR 2010 POOL CHEMICALS (CHLORINE) CONSULTING SVCS - FEB 2010 RETIREE HEALTH BENEFITS - MAR 2010 ELECTRICAL MATERIALS RETIREE HEALTH BENEFITS - MAR 2010 BASIC MAINTENANCE - JULY 2009 CITY-WIDE PLUMBING SVCS DATA CIRCUIT 02/07-03/06/10 PERFORM TESTING OF 6SMFO CABLE COMMUNICATIONS EQUIP SVC - OCT 09 RETIREE HEALTH BENEFITS - MAR 2010 300GB 10K RPM DRIVES G026426SD/G026425SD-CONVEYANCE FEES RETIREE HEALTH BENEFITS - MAR 2010 HEAVY DUTY FOAM CLEANER 47116 RETIREE HEALTH BENEFITS - MAR 2010 ARCINFO MAINTENANCE SOFTWARE REFUND - B/L DENIED BY PLANNING RETIREE HEALTH BENEFITS - MAR 2010 RAT TRAPS PLUMBING MATERIALS UEF5 UPGRADE ESSENTIALS 4TH ED. 1/3 CHK NO DATE AMOUNT 231726 3/2/10 639.50 231727 3/2/10 110.00 231728 3/2/10 2,837.00 231729 3/2/10 210.43 231730 3/2/10 3,928.75 231731 3/2/10 7,500.00 231732 3/2/10 1,285.00 231733 3/2/10 195.00 231734 3/2/10 26.68 231735 3/2/10 921.60 231736 3/2/10 282.00 231737 3/2/10 205.02 231738 3/2/10 369.76 231739 3/2/10 128.41 231740 3/2/10 274.82 231741 3/2/10 160.00 231742 3/2/10 2,315.00 231743 3/2/10 125.00 231744 3/2/10 23.49 231745 3/2/10 430.00 231746 3/2/10 1,976.31 231747 3/2/10 2,524.08 231748 3/2/10 4,045.00 231749 3/2/10 67.42 231750 3/2/10 3,077.02 231751 3/2/10 350.00 231752 3/2/10 145.00 231753 3/2/10 679.40 231754 3/2/10 6,000.00 231755 3/2/10 1,123.93 231756 3/2/10 330.22 231757 3/2/10 280.00 231758 3/2/10 843.55 231759 3/2/10 3,780.00 231760 3/2/10 3,600.00 231761 3/2/10 5,930.00 231762 3/2/10 3,287.91 231763 3/2/10 120.00 231764 3/2/10 4,131.98 231765 3/2/10 420.00 231766 3/2/10 70.00 231767 3/2/10 466.42 231768 3/2/10 250.00 231769 3/2/10 8,270.38 231770 3/2/10 50.00 231771 3/2/10 160.00 231772 3/2/10 326.25 231773 3/2/10 91.96 231774 3/2/10 297.69 PAYEE FIREFIGHTERS BOOKSTORE FLEET SERVICES, INC G & A AUTO AIR CONDITIONING G.A_ DOMINGUEZ GALEMDEZ GEORGE H WATERS HANSON HARRIS & ASSOCIATES HOLLOWAY HYDRO-SCAPE PRODUCTS INC. IMAGING PRODUCTS INFRASTRUCTURE ENGINEERING INTERNAT'L TRAINING RESOURCE JAMES KELLY EQUIPMENT KIMBLE KOLANDA LASER SAVER INC LEON ANNEL MASIMO CORPORATION MASON'S SAW & LAWNMOWER SRVC MATIENZO MCCABE MURRAY MYERS NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NEXUS IS, INC. NORTHROP GRUMMAN CORPORATION NOSAL, WILLIAM A. ORIENTAL TRADING, CO., INC. PACIFIC AUTO REPAIR PAUU PERRY FORD PHYSIO CONTROL PMW ASSOCIATES POST POTTER POWERSTRIDE BATTERY CO INC PRUDENTIAL OVERALL SUPPLY RAY RUIZ S & S WORLDWIDE GAMES SAFETY KLEEN SAM'S ALIGNMENT SAN DIEGO DAILY TRANSCRIPT SAN DIEGO NEIGHBORHOOD NEWS SD BMW MOTORCYCLES SDG&E WARRANT REGISTER # 35 3/2/2010 DESCRIPTION CD-ROM S/G ESSENTIALS BASIC. AUTOMOTIVE SUPPLIES AUTOMOTIVE SUPPLIES NC KIMBALL HOUSE MUSEUM, REFUND - B/L DENIED BY PLANNING BOXED LUNCHES RETIREE HEALTH BENEFITS - MAR 2010 PEDESTRIAN CROSSING ENHANCEMENTS RETIREE HEALTH BENEFITS - MAR 2010 MATERIALS & SUPPLIES CANON POWER SHOT CAMERA INFLOW AND INFILTRATION TUITION: TACTICAL DISPATCHER RETIREE HEALTH BENEFITS - MAR 2010 SPRING #22940 1/4 X11/2 X 8 RETIREE HEALTH BENEFITS - MAR 2010 RETIREE HEALTH BENEFITS - MAR 2010 INKJET/CORRECTION RIBBON REFUND - B/L & HOME OCCUPATION INV: 1013167 / 1044361 / WARRANTY AUTO PARTS RETIREE HEALTH BENEFITS - MAR 2010 RETIREE HEALTH BENEFITS - MAR 2010 RETIREE HEALTH BENEFITS - MAR 2010 RETIREE HEALTH BENEFITS - MAR 2010 AUTO PARTS R&M CITY VEHICLES PHONE SYSTEM NORTHROP GRUMMAN SOFTWARE RETIREE HEALTH BENEFITS - MAR 2010 SUPPLIES FOR TINY TOTS R&M AUTO EQUIPMENT RETIREE HEALTH BENEFITS - MAR 2010 LABOR, REPAIR ON VEH #338 ANNUAL MAINTENANCE WARRANTY TUITION: BUDGETING FOR PD RETIREE HEALTH BENEFITS - MAR 2010 RETIREE HEALTH BENEFITS - MAR 2010 AUTO PARTS LAUNDRY SERVICE RETIREE HEALTH BENEFITS - MAR 2010 RETIREE HEALTH BENEFITS - MAR 2010 BRUSH CANISTERS 72/PK HAZ. WASTE PICK-UP R&M AUTO EQUIPMENT ADVERTISEMENT -NC KIMBALL BOWL SOD ADVERTISEMENT -NC KIMBALL BOWL SOD R&M CITY VEHICLES FACILITIES DIVISION 2/3 CHK NO DATE AMOUNT 231775 3/2/10 197.86 231776 3/2/10 678.06 231777 3/2/10 569.74 231778 3/2/10 24,097.30 231779 3/2/10 50.00 231780 3/2/10 1,095.00 231781 3/2/10 135.00 231782 3/2/10 8,923.00 231783 3/2/10 150.00 231784 3/2/10 113.94 231785 3/2/10 232.67 231786 3/2/10 57,890.50 231787 3/2/10 585.00 231788 3/2/10 140.00 231789 3/2/10 225.53 231790 3/2/10 300.00 231791 3/2/10 135.00 231792 3/2/10 33.91 231793 3/2/10 320.00 231794 3/2/10 915.00 231795 3/2/10 162.64 231796 3/2/10 100.00 231797 3/2/10 280.00 231798 3/2/10 150.00 231799 3/2/10 140.00 231800 3/2/10 1.385.51 231801 3/2/10 230.48 231802 3/2/10 420.00 231803 3/2/10 38,102.00 231804 3/2/10 1,065.60 231805 3/2/10 326.28 231806 3/2/10 188.94 231807 3/2/10 340.00 231808 3/2/10 988.48 231809 3/2/10 2,999.00 231810 3/2/10 496.00 231811 3/2/10 280.00 231812 3/2/10 150.00 231813 3/2/10 451.71 231814 3/2/10 349.67 231815 3/2/10 190.00 231816 3/2/10 310.00 231817 3/2/10 42.78 231818 3/2/10 2,300.94 231819 3/2/10 36.00 231820 3/2/10 558.20 231821 3/2/10 376.69 231822 3/2/10 861.84 231823 3/2/10 24,132.76 PAYEE SHORT, CRAIG SIGNA DIGITAL SOLUTIONS, INC. SMART & FINAL SMGIINTERLINK SOUTHERN CALIF TRUCK STOP STACK TRAFFIC ENGINEERING, INC STAPLES ADVANTAGE TARGET SAFETY THE LIGHTHOUSE, INC. TOM MOYNAHAN UNITED PARCEL SERVICE VALLEY POWER SYSTEMS, INC WADE & ASSOCIATES WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZAPATA ZIETLOW, DAVID ZOLL MEDICAL CORP. SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 35 3/2/2010 DESCRIPTION RETIREE HEALTH BENEFITS - MAR 2010 INK TANK PFI-102 MBK MATTE BLACK MISC SUPPLIES -COUNCIL 02 SMART SENSOR. GAS NATIONAL CITY BLVD UPGRADE COPY PAPER RENEWAL: ANNUAL USER LICENSE SHOP SUPPLIES R&M AUTO EQUIPMENT UPS SHIPMENT TRANSMISSION FLUID TS27101-CTCS PROVIDE ON CALL PROFESSIONAL AUTO PARTS CABLE/WIRE TIES ETC REIMB - PROMOTIONAL ACTIVITIES RETIREE HEALTH BENEFITS - MAR 2010 LABOR TO REPAIR AUTO PULSE DEVICE Start Date End Date 2/24/2010 3/2/2010 3/3 CHK NO DATE AMOUNT 231824 3/2/10 300.00 231825 3/2/10 450.32 231826 3/2/10 43.47 231827 3/2/10 362.06 231828 3/2/10 20.18 231829 3/2/10 4,375.00 231830 3/2/10 5,711.10 231831 3/2/10 3,360.00 231832 3/2/10 178.12 231833 3/2/10 300.00 231834 3/2/10 25.12 231835 3/2/10 91.48 231836 3/2/10 10,032.00 231837 3/2/10 124.35 231838 3/2/10 45.59 231839 3/2/10 159.31 231840 3/2/10 150.00 231841 3/2/10 334.38 A/P Total 274,927.49 674,773.35 GRAND TOTAL $ 949,700.84 Warrant Register # 35 3/2/2010 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 115 PARKS CAPITAL OUTLAY FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 172 TRASH RATE STABILIZATION FUND 212 PERSONNEL COMPENSATION FUND 253 RECREATIONAL ACTIVITIES FUND 307 PROPOSITION A" FUND 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 643 MOTOR VEHICLE SVC FUND 31,610.94 1,591.15 1,538.51 1,081.00 1,242.59 68,763.18 3,914.00 100.00 2,762.49 6,749.53 326.28 5,984.00 674,926.64 1,285.00 34,404.00 6,765.75 28,818.74 5,432.19 50,549.95 6,773.55 8,520.39 6,560.96 949,700.84 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. FINANCE DIRECTOR CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN FRANK PARRA, MEMBER ALEJANDRA SOTELO-SOLIS, MEMBER JESS VAN DEVENI'ER, MEMBER ROSALIE ZARATE, 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 6th OF APRIL 2010. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 15 M TITLE: Warrant Register #36 for the period of 03/03/10 through 03/09/10 in the amount of $1,433,850.95 PREPARED BY: D. Gallegos DEPARTMENT: PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 03/03/10 through 03/09/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Mile of Cars Association 235109 64,243.68 Apportionment 5 & 6 Public Emp Retirement 235116 284,808.39 Emp Retirement PPE 02/22/10 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,433,850.95 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Narrant Register #36 PAYEE EDCO DISPOSAL CORPORATION EMBASSY SUITES HOTEL GEOSYNTEC CONSULTANTS HOUSING AUTHORITY OF THE OPPER & VARCO SAN DIEGO CLIPPING SERVICE SDG&E STRATACOM ADAMSON POLICE PRODUCTS AMERICAN ROTARY BROOM CO., INC BON SUISSE INC BOOT WORLD BROADWAY AUTO ELECTRIC CALIFORNIA BAKING CO. CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CULLIGAN kY WIRELESS SYSTEMS ZEW FORD ESGIL CORPORATION FLEET SERVICES, INC FRED PRYOR SEMINARS FREEDOM FURNITURE GALINDO ROJAS GEORGE H WATERS GLOCK PROFESSIONAL INC GOVERNMENT JOBS COM INC HAMILTON MEATS & PROVISIONS HORIZON HEALTH EAP HYDRO-SCAPE PRODUCTS INC. ICMA INTERVIEWS & INTERROGATIONS JERAULDS CAR CARE CENTER JOHN DEERE LANDSCAPES KAISER FOUNDATION HEALTH PLANS LOPEZ MAINTEX INC MASON'S SAW & MICHAL PIASECKI CONSULTING MILE OF CARS ASSOCIATION MINUTEMAN PRESS MISSION UNIFORM SERVICE (ORGAN SQUARE INC ..APA AUTO PARTS PADRE JANITORIAL SUPPLIES INC POWERSTRIDE BATTERY CO INC PUBLIC EMP RETIREMENT SYSTEM WARRANT REGISTER # 36 3/9/2010 DESCRIPTION WASTE DISPOSAL FOR CDC TRAINING FOR HOUSING AUTHORITY ENVIRONMENTAL CONSULTING TRAINING FOR HOUSING AUTHORITY EDUCATION VILLAGE NEWS READING AND CLIPPING SVC UTILITIES - 01/22 - 02/23/10 MOP 63845 BUSINESS CARDS - CDC BALLISTIC VESTS AND COVERS MOP #62683 AUTO PARTS MILK/DAIRY DELIVERY FOR NUTRITION MOP #64096 WEARING APPAREL MOP #72447 AUTO PARTS BREAD DELIVERY FOR NUTRITION MOP #45754 BUILDING MATERIALS MOP #45698 ELECTRICAL MATERIALS WATER SOFTENER ACCESSORY CONNECTOR ASSEMBLY MOP #49078 AUTO PARTS PLAN CHECKING SVCS OF BUILDING MOP #67804 AUTO PARTS SEMINAR -HOW TO USE CRYSTAL REPRT REFUND - BL OVERPAYMENT 125 PLAN REIMBURSEMENT GENERAL PLAN UPDATE WORKSHOPS TUITION:GLOCK ARMORER COURSE-STRASEI\ INSIGHT ENTERPRISE USER LICENSE MEAT DELIVERY FOR NUTRITION EMP ASST PROGRAM - MARCH 2010 MOP #45720 PIPES, FITTINGS BOOK -CAPITAL BUDGETING & FINANCE TUITION -BASIC INTERVIEW/INTERROGATIONS MOP #72449 R&M AUTO EQUIPMENT MOP #69277 HORTICULTURE ITEMS RETIREES INS - MARCH 2010 TRANSLATION SVCS ON 03/01/2010 MCV145M PAP BAG MOP #45729 MATERIALS AND SUPPLIES BUS. LICENSE REFUNDS PROCESSING APPORTIONMENT 5 & 6 MOP 47939 GARAGE SALE FLYERS CLEANING/LAUNDRY SERVICES APPORTIONMENT #11 - FY 08-09 MOP #45735 AUTO PARTS JANITORIAL SUPPLIES FOR NUTRITION MOP #67839 AUTO PARTS SERVICE PERIOD 2-10-4 CHK NO 235069 235070 235071 235072 235073 235074 235075 235076 235077 235079 235080 235081 235082 235083 235084 235085 235086 235087 235088 235089 235090 235091 235092 235093 235094 235095 235096 235097 235098 235099 235100 235101 235102 235103 235104 235105 235106 235107 235108 235109 235110 235111 235112 235113 235114 235115 235116 DATE 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 1/2 AMOUNT 104.75 237.59 1,799.72 160.00 1,676.50 62.00 49.04 35.12 3,663.34 455.02 435.36 125.00 282.76 216.00 124.19 845.50 188.50 462.04 1,614.85 10,480.46 50.70 199.00 246.00 307.33 92.00 150.00 6,000.00 1,352.45 848.46 49.55 96.71 184.00 197.19 487.20 21,180.15 385.00 592.39 479.93 2,790.00 64,243.68 97.05 66.69 357.90 12.57 641.15 86.83 284,808.39 PAYEE RAMIREZ RON BAKER CHEVROLET S D AREA CHAPTER ICC SAN DIEGO GAS & ELECTRIC SANCHEZ SELTZER CAPLAN MCMAHON VITEK SILVA SILVA SIRCHIE FINGERPRINT LAB, INC. SOUTH BAY COMMUNITY SERVICES SPARKLETTS WATER STAPLES ADVANTAGE STILES STRATACOM SYSCO SAN DIEGO THE LIGHTHOUSE, INC. U S BANK CORPORATE PAYMT SYS UNDERWRITERS LABORATORIES, INC VALLEY INDUSTRIAL SPECIALTIES VEGA ZEE MEDICAL, INC. PAYROLL Pay period Start Date 05 2/9/2010 WARRANT REGISTER # 36 3/9/2010 DESCRIPTION REFUND DEPOSIT#1352 & OVERPAY MOP #45751 R&M AUTO EQUIPMENT MEMBERSHIP BLDG OFFICIAL - L SAINZ UTILITIES 01/19 - 02/18/10 125 PLAN REIMBURSEMENT SVCS RENDERED THROUGH DEC 2009 125 PLAN REIMBURSEMENT 125 PLAN REIMBURSEMENT LAB SUPPLIES REIMB FY09-10 CDBG PROGRAM WATER FOR COUNCIL MOP 45704 OFFICE SUPPLIES - FIRE REIMB - EDUCATIONAL NOTICE TO APPEAR FOOD FOR NUTRITION CENTER MOP #45726 AUTO PARTS CREDIT CARD EXP - PD LADDER TESTING FOR FIRE DEP MOP #46453 PLUMBING MATERIALS 125 PLAN REIMBURSEMENT 40 ICE PACK, DELUXE End Date Check Date 2/22/2010 3/3/2010 2/2 CHK NO DATE AMOUNT 235117 3/9/10 1,512.00 235118 3/9/10 95.00 235119 3/9(10 50.00 235120 3/9/10 1,740.66 235121 3/9/10 50.00 235122 3/9/10 11,367.75 235123 3/9/10 397.02 235124 3/9/10 545.85 235125 3/9/10 1,778.78 235126 3/9/10 2,488.00 235127 3/9/10 3.00 235128 3/9/10 768.05 235129 3/9(10 417.00 235130 3/9/10 1,514.07 235131 3/9/10 1,319.45 235132 3/9/10 36.26 235133 3/9/10 331.48 235134 3/9/10 892.50 235135 3/9/10 704.78 235136 3/9/10 403.83 235137 3/9/10 147.46 AIP Total 435,583.00 998,267.95 GRAND TOTAL $ 1,433,850.95 Warrant Register # 36 3/9/2010 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJECT 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 246 WINGS GRANT 290 POLICE DEPT GRANTS 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 1,096,833.72 29,594.84 20,481.14 876.71 184.00 9,518.66 17,551.39 5,246.12 1,199.32 634.00 1,422.76 17,611.54 1,708.62 1,197.24 5,163.48 1,942.82 1,205.71 582.58 34,115.95 3,260.89 4,872.76 5,133.02 3,417.18 21,560.17 1,155.18 63,246.47 2,822.32 19, 360.35 886.26 3,014.32 2,706.64 1,434.37 17,858.34 13,371.93 21,180.15 1,500.00 1,433,850.95 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. CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN FRANK PARRA, MEMBER ALEJANDRA SOTELO-SOLIS, MEMBER JESS VAN DEVENTER, MEMBER ROSALIE ZARATE, 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 6th OF APRIL 2010. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 16 EM TITLE: Warrant Register #37 for the period of 03/10/10 through 03/16/10 in the amount of $496,949.19 PREPARED BY: D. Gallegos DEPARTMENT: PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 03/10/10 through 03/16/10 F The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Kaiser Foundation Health 235231 142,220.89 Emp Health Ins FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: /(3—� Finance APPROVED: MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $496,949.19 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #37 1 /3 PAYEE D MAX ENGINEERING INC ENVIRONS LANDSCAPE ARCHITECTUR KOCH ARMSTRONG PTM GENERAL ENG SVCS INC STAPLES ADVANTAGE SWRCB ACCOUNTING OFFICE TORREY PINE BANK U S BANK CORPORATE PAYMT SYS CDPH COUNTY OF SAN DIEGO FEDEX IBARRA KONICA MINOLTA PACIFIC MUNICIPAL CONSULTANTS SAN DIEGO TROLLEY INC VERIZON WIRELESS AMAZON T&T MOBILITY AKER & TAYLOR BETTER LIFE MOBILITY BRODART CALIFA GROUP DEMCO INC DISCOUNT SCHOOL SUPPLY FARNSWORTH'S BOOKS MIDWEST TAPE NOLO PRESS OCCIDENTAL OMNIGRAPHICS SCHOLASTIC LIBRARY PUBLISHING SCLLN (18324) SMART & FINAL SPRINT STAPLES ADVANTAGE U S POSTMASTER UNIVERSITY PRODUCTS INC XEROX CORPORATION ADVANTIDGE ALL FRESH PRODUCTS AMBER AREVALO & AMERICAN BACKFLOW SPECIALTIES AMERICAN ROTARY BROOM CO., INC ARCO GASPRO PLUS +T&T/MCI .USTIN DOORS BON SUISSE INC BRENNTAG PACIFIC INC CALIFORNIA BAKING CO. CARLSBAD POLICE DEPARTMENT CARQUEST AUTO PARTS NAZE ...• 'vlTD WARRANT REGISTER # 37 3/16/2010 DESCRIPTION JANUARY 2010 SERVICES DESIGN SERVICES CONSTRUCTION IMPROVEMENT RETENTION MOP 45704 OFFICE SUPPLIES ANNUAL WASTE FEES FOR 2010 MARINA GATEWAY RETENTION CREDIT CARD FEES RENEWAL OF LEAD CERTIFICATION EDUCATION VILLAGE 801 ROOSEVELT EXPRESS MAIL COURIER SVCS LEAD REFRESHER COURSE QTRLY MAINTENANCE ENTERPRISE ZONE EIR FLAGGING SERVICES WIRELESS SVC - 01/24/10 - 02/23/10 WOW MOBILE GIVEAWAYS PHONE SVC FOR WINGS PROGRAM ADULT/YOUNG ADULT/CHILDREN BOOK PARTS TO REPAIR DAMAGED BOOKS - WOWMOBILE COLLECTION BOOK RFID TAGS/COVER LABELS MATERIALS AND SUPPLIES CRAFT MATERIAL FOR WOWMOBILE BOOKS FOR LITERACY TUTORS DVD'S FOR THE COLLECTION HOW TO DO YOUR OWN DIVORCE REFERENCE BOOKS ON-LINE SERVICE SOUTHERN CA LIBRARY LITERACY MOP 45756 LIBRARY SUPPLIES VIDEO CONE LONG DISTANCE MOP 45704 OFFICE SUPPLIES POSTAGE FOR OVERDUE NOTICES PRESERVATION MATERIALS BASE CHG/OVERAGES FOR 8 XEROX FULL COLOR YMCKO RIBBON FOOD FOR NUTRITION CENTER LIABILITY CLAIM COSTS BACKFLOWS PARTS AND CAGES MATERIAL KITS FUEL FOR CITY FLEET PHONE SERVICE 01/13-02/12/10 FURNISH & INSTALL GRILL CURTAINS MILK/DAIRY DELIVERY POOL CHEMICALS (CHLORINE) BREAD DELIVERY ADVANCED REGISTRATION MOP #47557 AUTO PARTS CHK NO DATE AMOUNT 235138 3/16/10 12,521.42 235139 3/16/10 2,151.88 235140 3/16/10 17,541.00 235141 3/16/10 29,726.80 235142 3/16/10 11.63 235143 3/16/10 13,499.00 235144 3/16/10 1,949.00 235145 3/16/10 974.72 235146 3/16/10 225.00 235147 3/16/10 2,951.20 235148 3/16/10 89.87 235149 3/16/10 175.00 235150 3/16/10 492.06 235151 3/16/10 9,673.50 235153 3/16/10 109.20 235154 3/16/10 371.80 235155 3/16/10 1,472.80 235156 3/16/10 144.34 235157 3/16/10 2,947.30 235158 3/16/10 1,276.42 235159 3/16/10 195.06 235160 3/16/10 3,729.55 235161 3/16/10 276.21 235162 3/16/10 833.65 235163 3/16/10 789.14 235164 3/16/10 1,288.45 235165 3/16/10 28.93 235166 3/16/10 105.93 235167 3/16/10 539.90 235168 3/16/10 170.00 235169 3/16/10 39.92 235170 3/16/10 11.21 235171 3/16/10 371.45 235172 3/16/10 308.00 235173 3/16/10 76.44 235174 3/16/10 494.89 235175 3/16/10 145.74 235176 3/16/10 5,493.82 235177 3/16/10 500.00 235178 3/16/10 241.94 235179 3/16/10 586.33 235180 3/16/10 25,255.57 235181 3/16/10 15,183.59 235182 3/16/10 4,266.93 235183 3/16/10 373.82 235184 3/16/10 1,312.05 235185 3/16/10 72.00 235186 3/16/10 20.00 235187 3/16/10 102.42 PAYEE CEDENO CHEVRON & TEXACO BUSINESS CARD CINTAS DOCUMENT MANAGEMENT CITY OF SAN DIEGO CLEAN HARBORS CNOA CONSTRUCTION ELECTRONICS INC COOPER'S PLUMBING & HEATING COUNTY OF SAN DIEGO COX COMMUNICATIONS DAPPER TIRE COMPANY DAPPER TIRE COMPANY DAY WIRELESS SYSTEMS DELTACARE (PMI) DEPARTMENT OF INDUSTRIAL DEPARTMENT OF TRANSPORTATION DISCOUNT SPECIALTY CHEMICALS DIVISION 8 INCORPORATED DOKKEN ENGINEERING ESGIL CORPORATION EXPERIAN FEDEX FIRE ETC FLEET SERVICES, INC FON-JON KENNELS G & A AUTO AIR CONDITIONING GALLS, INC. GORMSEN APPLIANCE CO GRAINGER GRANICUS INC GROSSMAN PSYCHOLOGICAL GTC SYSTEMS INC HARRIS & ASSOCIATES INC HD SUPPLY PLUMBING HOME DEPOT/GECF HONEYWELL INTERNATIONAL INC IKON OFFICE SOLUTIONS INDEPENDENT FORENSIC SERVICES INSTITUTE OF TRANSP ENGINEERS INTERVIEWS & INTERROGATIONS INTERVIEWS & INTERROGATIONS IRON MOUNTAIN RECORDS JJJ ENTERPRISES KAISER FOUNDATION HEALTH PLANS LOPEZ MAINTEX INC MAN K-9 INC. MASON'S SAW & MFTRC) FIRF & SAFFTV WARRANT REGISTER # 37 3/16/2010 DESCRIPTION LIABILITY CLAIM COSTS MOP #45699 GAS PURGE SERVICE MUN SEWER TRANSP 2ND QRTR HAZARDOUS WASTE PICKUP TUITION: DRUG ABUSE RECOGNITION MAINTENANCE - MARCH 2010 CITY WIDE PLUMBING PREVENTIVE PD/PW/FIRE RADIOS - FEB 2010 DATA CIRCUIT 03/07 - 04/06/10 TIRES FOR CITY FLEET TIRES FOR CITY FLEET LABOR, REPAIR PORTABLE RADIOS DENTAL INS PMI - MAR 2010 CONVEYANCE COST HIGHWAY LIGHTING URATIC SALT REMOVER WINDOW REPLACEMENT & INSTALL PROVIDE PROFESSIONAL DESIGN PLAN CHECK SVCS FOR FIRE DEPT CREDIT CHECKS FOR NEW PD EMP SPECIAL MAIL HANDLING -CITY ATTNY USED PANEL GUAGE - 4.5" MOP #67804 AUTO PARTS KENNEL FEES PARTS, REPAIRS TO VEH#395 CROSSFIRE RED CITY-WIDE APPLIANCE REPAIRS RECHARGEABLE FLASHLIGHT WEBCAST/LIVECAST - FEB 2010 PRE-EMP PSYCHOLOGICAL EXAMS LAN CONTROLLER MODULE TRAFFIC DATA COLLECTION OVER COUNTER PLUMBING MATERIAL WRENCH SET REPAIRS NOT COVERED COPIER MAINTENANCE/SUPPLY BILLINGS SART EXAMS TIMING SIGNAL SHIPPING CHARGE TUITION: INTERVIEW/I NTERROGTN TUITION: INTERVIEW/INTERROGTN RECORDS MGMNT/DOC STORAGE CITY-WIDE ALARM MONITORING EMP INS ACTIVE - MAR 2010 TRANSLATION SVCS ON 03/09/10 INV 101375/100497/101376 MISC SUPPLIES K9 TRAINING - FEB 2010 MOP #45729 MATERIALS & SUPPLIES ANNI IAI FIRF FXTINC:I IISHFR 2/3 CHK NO DATE AMOUNT 235188 3/16/10 1,305.00 235189 3/16/10 180.62 235190 3/16/10 313.63 235191 3/16/10 665.00 235192 3/16/10 643.10 235193 3/16/10 225.00 235194 3/16/10 843.55 235195 3/16/10 2,275.00 235196 3/16/10 9,010.00 235197 3/16/10 3,600.00 235198 3/16/10 647.78 235199 3/16/10 129.32 235200 3/16/10 140.00 235201 3/16/10 3,519.65 235202 3/16/10 105.00 235203 3/16/10 4,970.09 235204 3/16/10 172.54 235205 3/16/10 3,840.00 235206 3/16/10 9,238.47 235207 3/16/10 94.50 235208 3/16/10 27.48 235209 3/16/10 22.37 235210 3/16/10 27.44 235211 3/16/10 200.11 235212 3/16/10 150.00 235213 3/16/10 574.80 235214 3/16/10 905.26 235215 3/16/10 65.00 235216 3/16/10 349.86 235217 3/16/10 1,477.35 235218 3/16/10 250.00 235219 3/16/10 3,777.98 235220 3/16/10 6,412.50 235221 3/16/10 581.80 235222 3/16/10 122.20 235223 3/16/10 659.18 235224 3/16/10 4,013.50 235225 3/16/10 954.00 235226 3/16/10 7.00 235227 3/16/10 184.00 235228 3/16/10 184.00 235229 3/16/10 376.19 235230 3/16/10 617.94 235231 3/16/10 142,220.89 235232 3/16/10 140.00 235233 3/16/10 1,303.86 235234 3/16/10 800.00 235235 3/16/10 707.97 11ATIA. Z/1A./1 fl 10-1 IA PAYEE MISSION UNIFORM SERVICE NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASH NEXUS IS INC NOWDOCS INTERNATIONAL INC ORKIN PEST CONTROL PACIFIC AUTO REPAIR PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY QUALA-TEL ENTERPRISES RED WING SHOES S & S WORLDWIDE GAMES AM'S ALIGNMENT SERVICE AN DIEGO BMW MOTORCYCLES SAN DIEGO DAILY TRANSCRIPT SAN DIEGO MIRAMAR COLLEGE SAN DIEGO UNION TRIBUNE SKS INC. SOUTH COAST EMERGENCY SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE STAPLES ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO THE STAR NEWS TOPECO PRODUCTS U S BANK CORPORATE PAYMT SYS UNDERGROUND SERVICE ALERT VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS VERIZON WIRELESS VISUAL CLICK SOFTWARE INC WEST GOVERNMENT SERVICES WESTERN SALES LLC WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS TRISTAR RISK MANAGEMENT WARRANT REGISTER # 37 3/16/2010 DESCRIPTION CLEANING/LAUNDRY SVCS MOP #45735 AUTO PARTS R&M CITY VEHICLES CAR WASHES FOR CITY FLEET PHONE SYSTEM GREEN VOID BOTTOM PEST MAINTENANCE FOR CITY BLDG SMOG CERTIFICATION & REPAIRS MOP #45703 R&M AUTO EQUIPMENT MOP #67839 AUTO PARTS MOP #45707 ELECTRICAL MATERIALS KNIFE SHARPENING SERVICES MOP #45742 LAUNDRY SERVICE MOP #45742 LAUNDRY SERVICE REPAIR LABOR, (5) HOURS SAFETY BOOTS (R FLORES- STREETS) MARKERS CLASSPACK 16COLR MOP# 72442 R&M AUTO EQUIPMENT R&M CITY VEHICLES ADVERTISING-8TH ST SAFETY PROJ TUITION: BLDG SEARCHES COURSE LEGAL NOTICES ADVERTISING CHV SUPREME 10W30 BULK PARTS FOR FIRE TRUCK MOP #45758 GAS TRAFFIC SIGNAL & STREET LIGHTING MOP 45704 OFFICE SUPPLIES - PD TACK OIL,SHEET & COLDMIX ASPHALTS FACILITIES DIVISION FOOD FOR NUTRITION CENTER ADVERTISING-8TH ST SAFETY PROJ MOP #63849 SHOP SUPPLIES CREDIT CARD EXPENSES - PD UNDERGROUND SVC ALTERT CHGS MOP #46453 PLUMBING MATERIALS WIRELESS SVC - 01/22/10 - 02/21/10 WIRELESS SVC - 01/27 - 02/26/10 DSRAZOR LIC AND MAINTENANCE CHOICEPOINT/CLEAR INVESTIGATIVE TELESCOPIC EXTENDABLE CLAW MOP 45763 BASIC SURGE STRIP FEB 2010 WC REPLENISHMENT 3/3 CHK NO DATE AMOUNT 235237 3/16/10 66.69 235238 3/16/10 282.08 235239 3/16/10 110.00 235240 3/16/10 204.00 235241 3/16/10 485.00 235242 3/16/10 343.35 235243 3/16/10 353.75 235244 3/16/10 220.00 235245 3/16/10 170.80 235246 3/16/10 106.86 235247 3/16/10 2,038.99 235248 3/16/10 45.00 235249 3/16/10 213.92 235250 3/16/10 250.03 235251 3/16/10 460.00 235252 3/16/10 125.00 235253 3/16/10 871.01 235254 3/16/10 1,120.89 235255 3/16/10 269.58 235256 3/16/10 118.00 235257 3/16/10 13.00 235258 3/16/10 2,457.60 235259 3/16/10 1,816.17 235260 3/16/10 357.38 235261 3/16/10 31.81 235262 3/16/10 9,609.61 235263 3/16/10 374.11 235264 3/16/10 406.73 235266 3/16/10 12,926.31 235267 3/16/10 1,758.56 235268 3/16/10 143.50 235269 3/16/10 269.27 235270 3/16/10 64.98 235271 3/16/10 145.50 235272 3/16/10 84.76 235273 3/16/10 4,843.15 235274 3/16/10 723.86 235275 3/16/10 2,612.21 235276 3/16/10 400.00 235277 3/16/10 304.86 235278 3/16/10 445.24 A/P Total 417,984.61 29219849 3/10/10 78,964.58 $ 496,949.19 GRAND TOTAL Warrant Register # 37 3/16/2010 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 159 GENERAL PLAN UPDATE RESERVE 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 246 WINGS GRANT 301 GRANT C.D.B.G. 307 PROPOSITION A" FUND 312 STP LOCAL/TRANSNET HIGHWAY 320 LIBRARY GRANTS 323 SAFE ROUTES TO SCHOOL 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 181,993.58 9,148.78 705.82 368.00 43,148.02 395.00 7,809.89 643.10 122.64 2,151.88 2,071.94 7,166.53 5,828.17 29,726.80 2,378,55 400.00 17,779.18 18.44 25,982.80 80, 769.58 2,006.75 15, 530.86 2,486.58 24, 835.60 53.91 33,426.79 496,949.19 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. NCE DIRECTOR CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN FRANK PARRA, MEMBER ALEJANDRA SOTELO-SOLIS, MEMBER JESS VAN DEVENTER, MEMBER ROSALIE ZARATE, 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 6th OF APRIL 2010. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM Na 17 M TITLE: Public Hearing to consider adoption of Resolutions of Necessity for the Acquisition of Real Property for the Plaza Boulevard Street Widening Project PREPARED BY: Maryam Babaki DEPARTMENT: Development Services George H. Eiser, III City Attorney PHONES: Exts. 4383 and 4221 APPROVED BY: 07 EXPLANATION: APPROVED Please see attached memorandum. FINANCIAL STATEMENT: General Fund will not be affected. APPROVED: ACCOUNT NO. APPROVED: ENVIRONMENTAL REVIEW: Mitigated Negative Declaration adopted December 20, 2005. Finding of No Significant Impact approved June 22, 2006. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Hold public hearing.. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: morandum ..Jject Description Letter from Jane L. Wiggans, SR/WA Notices of Intent to Adopt Resolution of Necessity Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate Office of the City Attorney CityAtfomey George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette TO: Mayor and City Council DATE: March 24, 2010 FROM: City Attorney SUBJECT: Public Hearing and Resolutions of Necessity; Property Acquisitions for Plaza Boulevard Street Widening Project The Plaza Boulevard Street Widening Project (Project) includes the widening of approximately 1.1 miles of Plaza Boulevard in the eastbound and westbound directions between Highland Avenue and Euclid Avenue. (For a complete description of the Project, please refer to the attached document entitled "Project Description" prepared by the Engineering Department.) In order .to obtain the necessary widths for the widening of the street right-of-way, it was necessary for the City to acquire permanent and/or temporary construction easements from the owners of 37 of the properties located on the north and south sides of Plaza Boulevard. As required by law, the City first obtained appraisals to determine the fair market value of the property interests needed to be acquired, then made offers to the property owners to purchase those property interests based upon the indicated fair market value. (Please refer to the attached letter from the City's acquisition agent, Jane L. Wiggans, SR/WA of the Wiggans Group.) In the case of 18 of the 37 properties, acquisitions have been completed or are in escrow through negotiated purchase. In order to secure the necessary easements for the Project in a timely manner, staff is recommending that the City Council take the first steps toward acquiring the easements through eminent domain proceedings. These steps include the holding of a hearing -at which -the affected property owners may appear, and subsequent to the hearing, the adoption of resolutions of necessity. Prior to the hearing, the City must give notice of the City Council's intent to adopt a resolution of necessity to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll. The notice must state the intent of the City Council to adopt the resolution of necessity, and inform the property owner that they have 15 days in which to file a written request to appear and be heard at the hearing. The required notices were sent via first-class mail on March 18, 2010. (Please refer to the attached Notices of Intent to Adopt Resolution of Necessity. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 1 Those property owners who have filed a timely written request with the City Clerk to appear and be heard at the hearing may, at the time of the hearing, address the following issues: 1. Whether the public interest and necessity require the proposed project. 2. Whether the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. Whether the property sought to be acquired is necessary for the project. It is not appropriate at the public hearing for the property owner to address the amount of compensation to be paid for the property being acquired, or other terms pertaining to the acquisition of the property. Also at the public hearing, City staff and engineering consultants will make a presentation to explain the Project, why the Project is necessary, why the property being acquired is necessary for the Project, and how the approved alignment of the Project will ensure that the Project will be planned and located in the manner that will be most compatible with the most public good and the least private injury. If the City Council determines to acquire the property, they must make findings in the resolution of necessity that all of these elements exist, and additionally, that the City has offered to purchase the property based upon its fair market value. At the conclusion of the hearing, the City Council will consider the adoption of a resolution of necessity for each property to be acquired. Each resolution must be adopted by a 4/5 vote. Although adoption of a resolution of necessity is a necessary step toward the commencement of eminent domain proceedings in court, the adoption of the resolution does not preclude further discussions between the property owner and the City for the negotiated purchase of the property. 00 gem:, Or- GEORGE EISER, III City Attomey GHE/grno • Page 2 Project Description The project includes the widening of approximately 1.1 miles of Plaza Boulevard in the eastbound and westbound directions between Highland Avenue on the west and Euclid Avenue on the east, including a segment under Interstate 805 (I-805). This portion of Plaza Boulevard currently functions as a 4-lane Major Arterial and will be widened to a 6-lane Primary Arterial as part of the project. The purpose of widening portions of Plaza Boulevard is to improve safety and add capacity to reduce existing congestion, decrease traffic delays, and maintain conformance to the level of service (LOS) standards established by the City. Design features such as raised medians, center turn lanes, structural improvements to the I-805 interchange and bridge structure, and pedestrian facility upgrades are intended to improve safety along this corridor, which has higher than average number of traffic accidents within the project limits. On April 16, 2002, after obtaining an authorization from the California Department of Transportation (Caltrans) to begin the Preliminary Engineering (PE) phase, a contract between Professional Engineering Firm and the City of National City was approved and the PE phase began. The PE work included preliminary engineering calculations, Plaza Boulevard alignment study with various proposed alternative maps for widening, and environmental clearance. Five alternative alignments were presented and the most desirable one was selected for the project. The selected alignment had the minimum impacts to the adjacent properties. The limits of the minimum impact were based on the standard design criterion that was required for the project and its objectives. The City Council was periodically informed during the PE process. On December 20, 2005 as a major part of the final PE work, the City of National City adopted the Mitigated Negative Declaration (MND), and on June 22, 2006 obtained approval of the Finding of No Significant Impact (FONSI) under National Environmental Policy Act (NEPA) requirements from the Federal Highway Administration (FHWA). On August 9, 2006, the City received an authorization notice to proceed with the right of way work. The State has already issued an authorization and allocated federal -aid program funds (88.53% of the total estimated cost) for the design work. On October 25, 2006, the City was notified by the State that the final design and right of way acquisition could start while Caltrans is finalizing the Project Study Report (PSR). The PSR is a document that is required for the I-805 bridge underpass and its surrounding improvements within the state right of way. With the adoption of the FONSI, receipt of the right of way authorization, and the acceptance of the final PSR, the PE phase is considered to be complete. Currently, the final engineering design and right of way acquisition phase of the project is underway. The project would be ready for construction in 2009. Wiggans Group, Inc. March 25, 2010 George Eiser, City Attorney City of National City 1243 National City Boulevard National City, CA 91950 Subject: Plaza Boulevard Widening Project Offers of Just Compensation Dear George: Our office made initial offers of just compensation to the property owners shown in Attachment 1 for the Plaza Boulevard Widening Project. The offer packages were mailed certified return receipt in February and March 2009. Five of the properties listed in Attachment 1 changed ownership during the course of negotiations, and at that time offers were made to the current owners. If you have any questions regarding these matters, please let us know. Thank you. Sincerely, Jane Wiggans Right of Way Consultant Real Estate & Right of Way Consulting 5256 South Mission Road, Suite 138 • Bonsai, CA 92003 • Tel: 760.806.1776 • Fax: 760.806.6616 Attachment 1 Plaza Blvd Widening Project APN Owner Site Address 556-590-51 South Bay Plaza, LLC 1130 E. Plaza 556-590-54 1210 E. Plaza 556-590-58 1132 E. Plaza 557-322-10 1240 E. Plaza 556-590-60 South Bay SPE LLC, a California Limited Liability Co. 900 E. Plaza 556-590-61 1019 - 1045 Highland Ave 557-250-12 Natcit Holdings Inc. 1539 E. Plaza 557-250-40 G Batchelor Trust 1325 E. Plaza 557-250-43 Plaza Square, LTD 1401 E. Plaza 557-310-26 Tracy Noel Miller Trust 2401 E. Plaza 557-322-09 National Plaza, LLC (former owner Pacific Realty Assoc) 1220 E. Plaza 557-322-11 Alliance Laundry Systems LLC (former owner Centre Dev. LLC) 1302 E. Plaza 557-322-14 & 557-322-15 Pacific Castle Bay Plaza, LLC 1420 &1430 E. Plaza 557-330-09 Jade Group LLC (former owner BP 1540 E. Plaza West Coast) 557-380-50 BDI-IV LLC Plaza BI 557-380-51 Plaza BI 557-410-02 R P & M First Hotel Investors LLC 1640 E. 12th St 557-410-24 1645 E. Plaza 557-410-05 Puedan Family Trust 1736-40 E. Plaza 557-410-11 Aurora Bank / Lehman Brothers (former owner Kafaii) 1615 E. Plaza 557-410-15 Thrifty Oil Co. 1606 E. Plaza 557-410-17 Bruce M. Boogaard & Cynthia K. Boogaard 1735 E. Plaza 557-410-19 Nagraj Inc. 1700 E. Plaza 557-410-27 Thrifty Oil Co. Plaza BI 557-420-30 Todd AI-Bayati & Samiya Abdul Sattar Kaddory Plaza BI 557-420-33 Shriners Hospital for Children / American International Enterprise 1819 E. Plaza 557-420-35 557-420-36 Kalesa Walk Corporation (Home Owners Association) (former owner 1858-1884 E. 12th St Olson -National) 558-091-27 Jamabed L P 2500 E. Plaza To: CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234 Alliance Laundry Systems, LLC Rodney Harvey c/o Vegas Wash 1302 East Plaza Boulevard National City, CA 91950-3612 Project: Location: APN: Vesting: Subject: Alliance Laundry Systems, LLC 9454 Wilshire Boulevard Suite 500 Beverly Hills, CA 90212 Plaza Boulevard Street Widening Project 1302 East Plaza Boulevard, National City, CA 91950 557-322-11 Alliance Laundry Systems, LLC Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) (b) (c) The public interest and necessity require the project. The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. CITY OF NATIONAL CITY Dated: March 18, 2010 By:a�ti._ Maryam Babaki City Engineer NOTICE OF INTENT - 2 7 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Thrifty Oil Company Orkin, Inc. 13116.Imperial Highway c/o Thrifty Oil Company Santa Fe Springs, CA 90670 13116 Imperial Highway Santa Fe Springs, CA 90670 Project: Plaza Boulevard Street Widening Project Location: East Plaza Boulevard National City, CA 91950 APN: 557-410-15 Vesting: Orkin, Inc. c/o Thrifty Oil Company Subject: Acquisition of Street Easement and/or Temporary Construction Easement Califomia Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located inthe manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY By:— Maryam Babaki City Engineer NOTICE OF INTENT - 2 q CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: David Wick Property Management 5440 Morehouse Drive Suite 4000 San Diego, CA 92121-6719 Project: Location: APN: Vesting: Subject: Shriners Hospital for Children 2900 Rocky Point Drive Tampa, FL 33607 Attn: Tom Guthrie Plaza Boulevard Street Widening Project 1819 East Plaza Boulevard National City, CA 91950 557-420-33 Shriners Hospitals for Children, a not -for -profit Colorado Corporation or American International Enterprises, Inc. Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) (b) (c) The public interest and necessity require the project. The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. t0 Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalia City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY Maryam Babaki City Engineer NOTICE OF INTENT - 2 ff To: CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) Peggy Shapiro Plaza Square, LTD 5080 Shoreham Place Suite 202 San Diego, CA 92122-5932 Plaza Square, Ltd 1401 East Plaza Boulevard National City, CA 91950 Project: Plaza Boulevard Street Widening Project Location: 1401 East Plaza Boulevard, National City, CA 91950 APN: 557-250-43 Vesting: Plaza Square, LTD Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. !oz Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property.. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY Ve Maryam Babaki City Engineer NOTICE OF INTENT - 2 i3 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: National Plaza, LLC c/o Tim Sotoodeh 12802 Bonita Heights Drive Santa Ana, CA 92705-6303 National Plaza, LLC 24143 Hillview Road Los Altos, CA 94024 Project: Plaza Boulevard Street Widening Projec Location: 1220 East Plaza Boulevard; National City, CA 91950 APN: 557-322-09 Vesting: National Plaza, LLC, a California Limited Liability Company Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY ByC,s/ � 77 O`°'"' Maryam Babaki City Engineer NOTICE OF INTENT - 2 IS IN5ORFe)0g4R CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Robert M. Miller, Esq. Law Offices of Robert M. Miller 401 West A Street Suite 1720 San Diego, CA 92101-7936 Project: Plaza Boulevard Street Widening Project Location: 1700 East Plaza Boulevard, National City, CA 91950 APN: 557-410-19 Vesting: Nagraj, Inc., a California Corporation Subject: Acquisition of Street Easement and/or Temporary Construction Easemen California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: Nagraj, Inc. 1700 East Plaza Boulevard National City, CA 91950 (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the. City of National City, Engineering Division at (619) 336-4380. CITY OF NATIONAL CITY Dated: March 18, 2010 By pjr: Maryam Babaki City Engineer NOTICE OF INTENT - 2 ! -7 To: CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) Pamela A. Carrington Special Assets Officer - REO Department Aurora Bank Commercial Services 27472 Portola Parkway Suite 205 Foothill Ranch, CA 92610-2853 Lehman Brothers 3659,India Street San Diego, CA 921.03 Project: Plaza Boulevard Street Widening Project Location: 1615 East Plaza Boulevard National City, CA 91950 APN: 557-410-11 Vesting: US Bank National Association, as Trustee of Lehman Brothers Small Balance Commercial Mortgage Pass -Through Certificates, 2005-2 Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. (8 Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY By: aryam Babaki City Engineer NOTICE OF INTENT - 2 19 To: CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) Pacific Castle Bay Plaza, LLC 2601 Main Street Suite 900 Irvine, CA 92614 Attn: Ron Astarabadi, President Project: Location: APN: Vesting: Subject: Carina M. Verano, Esq. Rutan & Tucker, LLP 611 Anton Boulevard 14th Floor Costa Mesa, CA 92626 Plaza Boulevard Street Widening Project East Plaza Boulevard National City, CA 91950 557-322-14 and 557-322-15 Pacific Castle Bay Plaza, LLC Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) (b) The public interest and necessity require the project. The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. oL Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. - The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY By:, //� .�►!�%� �`© av: Maryam Babaki City Engineer NOTICE OF INTENT - 2 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Dan Belcher Natcit Holdings, Inc. 5482 Wilshire Boulevard Suite 273 Los Angeles, CA 90036-4218 Project: Plaza Boulevard Street Widening Project Location: 1539 East Plaza Boulevard, National City, CA 91950 APNo: 557-250-12 Vesting: Natcity Holdings Inc., a California Corporation Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: Natcity Holdings, LLC 2929 Caminito Bello La Jolla, CA 92037 (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. 22 Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within. the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY By: Maryam Babaki City Engineer NOTICE OF INTENT - 2 023 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: South Bay Plaza, LLC . 3978 Sorrento Valley Blvd Suite 100 San Diego, CA 92121-1436 Project: Plaza Boulevard Street Widening Project Location: 556-590-51 1130 East Plaza Boulevard, National City, CA 91950 556-590-54 1210 East Plaza Boulevard, National City, CA 91950 556-590-58 1132 East Plaza Boulevard, National 1 City, CA 91950 557-322-10 1240 East Plaza Boulevard, National City, CA 91950 APN: 556-590-51, 556-590-54, 556-590-58, and 557-322-10 Vesting: South Bay Plaza LLC, a California Limited Liability Company Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met conceming your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to. submit, as long as such written comments are filed within the 1 5-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY ocec �tit1� aryam Babaki City Engineer NOTICE OF INTENT - 2 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Tracy Noel Miller 799 Laureles Grade Road Carmel Valley, CA 93924-9457 Project: Plaza Boulevard Street Widening Project Location: 2401 East Plaza Boulevard, National City, CA 91950 APNo: 557-310-26 Vesting: Tracy Noel Miller, Trustee of the Aimee Frankhouse Trust Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of -National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY ,k; Maryam Babaki t/ City Engineer NOTICE OF INTENT - 2 �7 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Bruce and Cynthia Boogaard 466 3rd Avenue Suite A Chula Vista, CA 91910-4655 Project: Location: , APN: Vesting: Community Subject: Plaza Boulevard Street Widening Project 1735 East Plaza Boulevard, National City, CA .91950 557-410-17 Bruce M Boogaard and Cynthia K Boogaard, Husband and Wife as Property with Right of Survivorship Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) (b) The public interest and necessity require the project. The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. 28 Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of -National -City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY Maryam Babaki City Engineer NOTICE OF INTENT - 2 To: CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) Artemio and Flora O. Puedan 2124 Alexander Drive Escondido, CA 92025-6408 Project: Plaza Boulevard Street Widening Project Location: 1736-40 East Plaza Blvd, National City, CA 91950 APN: 557-410-05 Vesting: Artemio P. Puedan and Flora O. Puedan, Trustees for The Puedan Family Trust, Dated September 5, 2003 Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. 30 Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY Maryam Babaki City Engineer NOTICE OF INTENT - 2 31 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Todd AI-Bayati Samiya Abdul Sattar Kaddory 1917 Corona Vis El Cajon, CA 92019-4262 Project: Plaza Boulevard Street Widening Project Location: NKA Plaza Boulevard, National City APN: 557-420-30 Vesting: Todd AI-Bayati & Samiya Abdul Sattar Kaddory, Husband and Wife as Joint Tenants Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. .32 Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. if you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns,. and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY Maryam Babaki City Engineer NOTICE OF INTENT - 2 33 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Thrifty Oil Company 13116 Imperial Highway Santa Fe Springs, CA 90670 Project: Plaza Boulevard Street Widening Projec_ Location: East Plaza Boulevard National City, CA 91950 APN: 557-410-27 Vesting: Thrifty Oil Company Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: - (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit `B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. CITY OF NATIONAL CITY Dated: March 18, 2010 B vMaryani Babaki City Engineer NOTICE OF INTENT - 2 35 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Glenn C. Batchelor 2439 J Avenue National City, CA 91950-7518 Project: Plaza Boulevard Street Widening Project Location: 1325 East Plaza Boulevard, National City, CA 91950 APN: 557-250-40 Vesting: Trustee of The G. Batchelor Trust Dated January 25, 2007 Subject: Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. CITY OF NATIONAL CITY Dated: March 18, 2010 B . ��-�'�� ate✓ fey: Maryam Babaki City Engineer NOTICE OF INTENT - 2 3-7 To: CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) South Bay SPE, LLC c/o Tina Moucka 1925 Century Park East Suite 2100 Los Angeles, CA 90067 Project: Plaza Boulevard Street Widening Project Location: 556-590-60 900 East Plaza Boulevard, National City, CA 91950 556-590-61 1019 —1045 Highland Avenue, National City, CA 91950 APN: 556-590-60 and 556-590-61 Vesting: South Bay SPE, LLC, a California Limited Liability Company Subject: Acquisition of Street Easement and/or Temporary Construction Easement Califomia Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record.. Your are hereby, notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. 35 Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you .feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY (co Maryam Babaki City Engineer NOTICE OF INTENT - 2 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Kalesa Walk Corporation c/o Deborah Cole Vice President Homeowner Relations 3010 Old Ranch Parkway Suite 100 Seal Beach, CA 90740-2750 Project: Plaza Boulevard Street Widening Project Location: 1858-1884 East 12th Street, National City, CA 91950 APN: 557-420-35 and 557-420-36 Vesting: Kalesa Walk Corporation, a California Non -Profit Mutual Benefit Corporation Subject: Acquisition of Street Easement and Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting tobe held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. 4-10 Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY By6`1% �pr Maryam Babaki City Engineer NOTICE OF INTENT - 2 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Ron Bamberger BDI — IV, LLC 16909 West Bernardo Drive San Diego, CA 92127-1605 Project: Plaza Boulevard Street Widening Project Location: NKA East Plaza Boulevard, National City, CA 91950 APN: 557-380-50 and 557-380-51 Vesting: BDI — IV, LLC, a California Limited Liability Company Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY (Pr: Maryam Babaki City Engineer NOTICE OF INTENT - 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 18 EM TITLE: An ordinance of the City Council of the City of National City Amending Title 7 of the National City Municipal Code by adding Chapter 7.34 pertaining to Shopping Cart Containment PREPARED BY: Jodi L. Doucette, Esq. DEPARTMENT: City Attorney PHONE: 336-4412 APPROVED BY: 7) a i. EXPLANATION: Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: X FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: morandum posed ordinance Mayor Ron Morrison Council Members Frank Para Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate Office of the City Attorney TO: Mayor and City Council FROM: Senior Assistant City Attorney SUBJECT: Shopping Cart Containment City Attomey George H. Eiser, I11 Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L Doucette DATE: March 23, 2010 INTRODUCTION There have been long-standing concerns over shopping carts that have been removed from business premises without authorization and used to transport recycling items, or used by the homeless and found abandoned in neighborhoods, and the resulting costs incurred by the City in retrieving them. To address these concerns, this office has researched possible remedies for such unauthorized use and abandonment of shopping carts, and has drafted the proposed ordinance for consideration by the City Council. DISCUSSION Abandoned shopping carts are a persistent problem for many cities in California, including the City of National City. The accumulation of wrecked, dismantled, or abandoned shopping carts, or parts thereof, on public property creates a condition tending to reduce property values, promote blight and deterioration, constitute an attractive nuisance creating a hazard to the health and safety of minors, be aesthetically detrimental to the community, and be injurious to the health, safety, and general welfare. The presence of wrecked, dismantled, or abandoned shopping carts on public property can be declared to constitute a public nuisance that may be abated as such in accordance with the provisions of existing ordinances, but this is a lengthy process, at best. Pursuant to Section 22435 et seq., of the Business and Professions Code, responsibility for remedying this impact has essentially been placed upon the individuals who use shopping carts without authorization, and the businesses that own them. These sections make it a misdemeanor to possess a shopping cart without permission of the business to which it belongs. These sections also mandate a retrieval program where it is incumbent on the businesses to retrieve carts impounded by cities. Essentially, a city is to provide notice to the cart owner that the cart has been found and identify the location where it can be found. If the cart is not retrieved within three days after receipt of the notice, or if the cart impedes emergency services, 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Mayor and City Council March 23, 2010 Page Two the cart may be impounded by the city, and the city may recover costs for removal and impounding. If the cart is unclaimed after a period of 30 days of receipt of the notice, the cart may be destroyed or sold. A fine of $50 may also be imposed after the occurrence of three violations within a six month period. Enforcement of such state regulations has been found in many cities to be insufficient to remedy the problem alone, for example, when the violator is a homeless person who may be cited and released, but fails to appear for the citation, then subsequently returns to repeat the offense. Moreover, these provisions of state law that allow carts to remain off -site for three days create a quality of life issue. Residents who report such cart violations generally want the cart removed immediately. Recently, state legislative proposals attempted to shorten this waiting period to a shorter time frame, but the legislation was not enacted. The National City Police Department tried a pilot program for cart clean up that included peripheral assistance by commercial establishments. This program, implemented in 2005 as part of the Police Depattinents Alpha POP Homeless Project, was not successful. The Police Department's efforts included drafting flyers and distributing them to the homeless, notifying them of the existing state laws prohibiting their possession of the carts, and thereafter citing those identified as having received notice of the illegality of such possession and bringing them to the station upon arrest. The Department notified recycling companies of the need to put up signs against accepting recycling items delivered in shopping carts. The Department initiated three sweeps of abandoned carts, which lasted for entire days on each occasion, and collected hundreds of carts. The Police Department then contacted the commercial establishments that had contracts with agents for cart retrieval. However, no one came to retrieve the carts, and the City became the retrieval AND delivery source for these abandoned carts -- the businesses did not seem concerned with their return. Moreover, many carts could not be identified with any particular store, having been altered by the homeless; these carts remained in a City warehouse. It took exhaustive efforts by the Police and Public Works Departments to address the shopping cart issue with the existing regulations, and it was determined not to be cost effective. Neither department had enough staff to continue to maintain the clean up efforts, particularly without the commercial establishments' assistance. Approaches taken by other cities range from taking no action to requiring all businesses with shopping carts to contain their carts. Some programs have a two-step approach, starting with minimal requirements then progressing to more stringent standards such as mandatory containment for problematic businesses. While the state regulations as a whole preempt most areas of possible municipal recourse for remedying such a problem, Section 22435.8 of the Business and Professions Code allows a city to regulate the removal of shopping carts as long as it is not in conflict with state regulations. Therefore, effective containment or control of the shopping carts may be permitted as long as no conflicts with state law exist. Mayor and City Council March 23, 2010 Page Three Accordingly, some cities have determined that an additional measure should be placed on businesses providing shopping carts for their patrons by obligating the business to institute a "cart containment program" as the best and most effective manner to address the issue. Containment programs have been developed in other cities with certain goals in mind. The goals are essentially to reduce neighborhood blight caused by abandonment of carts, to make businesses part of the solution in addressing the issue while providing for flexibility as to what type solution to implement, and to keep City costs to a minimum. "Cart containment programs" include a range of options that include electronic systems of operation, parking lot guards, devices that prevent removal, bollards and chains surrounding the premises, security deposits for use of carts, etc. Containment technology such as electronic systems that lock the wheels of carts taken beyond an established electronic perimeter can be effective if properly maintained. Systems requiring a deposit to gain access to a cart are becoming more popular in regions of the U.S. after becoming common in some European countries. Stores that provide customer assistance to their vehicles have also proven to be highly effective by some grocers, including Stater Brothers and the 99 Cent store. Some commercial establishments within the city have already adopted such programs voluntarily, in order to cut down on their costs for retrieval and the need to repurchase new carts when theirs are stolen. Attached is an ordinance that would require local businesses with cart service to have a "cart containment program" of their choice from the options listed. Providing options allows the establishment to deal with shopping carts in the manner that best suits its budget and needs. Moreover, this type of regulation via a cart containment ordinance does not appear to interfere with state preemption issues, as it is a regulation that would not he in conflict with current state regulation but would exist in addition to state regulations in this area. It is recommended that a period of compliance with such an additional municipal regulation be established by the City Council, allowing the businesses time to develop a program that would best suit their needs. A recommended period might be 180 days for compliance after passage of the ordinance. CONCLUSION It is recommended that City Council enact the accompanying ordinance that requires businesses to implement a Cart Containment Program that could assist in reducing the blight of abandoned shopping carts. JO I . DOUCETTE, ESQ. Sem Assistant City Attorney JLD/mpa ORDINANCE NO. 2010— AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 7 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 7.34 PERTAINING TO SHOPPING CART CONTAINMENT WHEREAS, the City Council of the City of National City finds that shopping carts found in other than their intended locations on business premises are an eyesore, a potential hazard, and a nuisance; and WHEREAS, the City Council of the City of National City intends that the owners of shopping carts should be held responsible for containing their shopping carts on their respective business premises. follows: NOW THEREFORE, the City Council of the City of National City ordains as BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Title 7 of the National City Municipal Code is hereby amended, by adding Chapter 7.34 to read as follows: Chapter 7.34 SHOPPING CART CONTAINMENT Sections: 7.34.010 Definitions. 7.34.020 Cart containment system —Required; exception. 7.34.030 Cart removal warnings. 7.34.040 Employee training —Cart removal prevention. 7.34.050 Cart identification signs for shopping carts. 7.34.060 Cart removal from business premises —written permission required. 7.34.070 Physical containment system. 7.34.080 Regulatory fee authorized. 7.34.090 City powers not limited by this Chapter. 734.100 Violations. 7.34.010 Definitions. For purposes of this Chapter only, and unless the context clearly requires a different meaning, the words, terms, and phrases set forth in this Section are defined as follows: A. "Business premises" means the interior of a cart owner's commercial establishment, adjacent walkways, any loading area, and the parking area, as defined herein. B. "Cart owner" means the owner or operator of a commercial establishment that provides carts for use by its customers for the purpose of transporting goods of any kind. Cart owner includes the on -site manager or designated agent of the actual cart owner. C. "Cart identification sign" means a sign or engraved surface which is permanently affixed to a shopping cart containing all of the information specified in Section 7.34.050 of this Chapter. D. "Cart removal warning" means a placard, sign, or painted text which meets the requirements of Section 7.34.030 of this Chapter. E. "Individual cart identification number" means a number unique to each cart owned or provided by a cart owner. F. "On -site cart containment program" means one or more of the following measures: 1. Disabling devices on all shopping carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts. 2. An on -site security guard to deter customers who attempt to remove carts from the business premises. 3. Bollards and chains around the business premises, if permitted by the Fire Marshal, to prevent cart removal. 4. Obtaining a security deposit from customers for the on -site use of shopping carts. 5. The rental or sale of utility carts that can be temporarily or permanently used for the transport of goods. G. "Parking area" means a parking lot or other property provided by a commercial establishment for use by a customer for parking an automobile or other vehicle. In a multi -store complex or shopping center, "parking area" includes the entire parking area used by or controlled by the complex or center. H. "Physical containment system" means one of the following, as approved by the Director of Development Services: 1. Disabling devices on all shopping carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts. 2. Any other system of equipment approved by the Director of Development Services which physically contains shopping carts on premises. I. "Qualified cart retrieval service" means a commercial service, operated by a third party and paid by a cart owner to retrieve and return shopping carts. The Director of Development Services shall develop minimal service standards by which a cart retrieval service may be designated as a qualified cart retrieval service and maintain a list of all such service providers. J. "Shopping cart", sometimes referred to herein as a "cart", means a basket that is mounted on wheels or a similar device provided by the operator of a commercial establishment for the use of customers for the purpose of transporting goods of any kind. A cart sold by a commercial establishment to a retail customer for that customer's personal use is not a shopping cart for the purposes of this Chapter. 7.34.020 Cart containment system —Required; exception. A. Every cart owner shall operate and maintain an on -site cart containment program. A cart owner may be exempted from this requirement if he or she provides proof of contracting with a qualified cart retrieval service, and submits an operations plan which demonstrates to the satisfaction of the Director of Development Services that the qualified cart retrieval service will both actively locate shopping carts within a one -mile radius of the cart owner's business premises and respond to complaints from the public in a manner which results in the retrieval of shopping carts within twenty-four (24) hours after receiving notice. B. Each cart owner must contain all shopping carts on the business premises at all times. C. Any instance in which a shopping cart owned or provided by a cart owner is found off of the business premises shall be considered a violation by the cart owner of Ordinance No. 2010 — 2 Shopping Cart Containment Subsection (B) of this Section. A cart owner who, after receiving notice of the violation, fails to cure such violation within twenty-four (24) hours is subject to an administrative citation. Each twenty-four (24) hour period thereafter that the cart remains off premises shall be considered a separate violation. Following the issuance of more than ten administrative citations to the same cart owner within a thirty (30)-day period, subsequent violations by that cart owner may be prosecuted by the City Attorney's Office pursuant to Section 1.36.150 of the National City Municipal Code. 7.34.030 Cart removal warnings. A. Every cart owner shall post and maintain cart removal warnings which meet all of the following minimum specifications: 1. Meet or exceed 18 inches in width and 24 inches in height. 2. Using block lettering not less than one-half inch in width and two (2) inches in height, contain a statement in two or more languages to the effect that unauthorized removal of a shopping cart from the business premises or possession of a shopping cart in a location other than on the business premises, is a violation of State law and the National City Municipal Code. 3. List a local or toll -free telephone number for cart retrieval. 4. Be affixed to an interior wall of the building or otherwise permanently and prominently displayed within two feet (2') of all customer entrances and exits. B Cart removal warnings on the exterior of the building are not considered "signs" for the purpose of calculating maximum allowable signage under Title 18 of the National City Municipal Code. 7.34.040 Employee training - cart removal prevention. Each cart owner shall conduct ongoing employee training to educate new and existing employees about procedures to prevent cart removal, including the operation of the cart containment system. 7.34.050 Cart identification signs for shopping carts. A. Each shopping cart owned or used within the City shall have, permanently affixed and easily visible, a cart identification sign or engraved surface which includes all of the following information: the name, the site -specific street address, and telephone number of the cart owner or commercial establishment to which the cart belongs or both; the individual cart identification number; a valid toll -free phone number for cart retrieval; the procedure (if any) to be followed to obtain permission to remove the cart from the business premises; and a notice to the public that unauthorized removal of the cart from the business premises is a violation of State law and the National City Municipal Code. B. It shall be the responsibility of each cart owner to comply with Subsection (A) of this Section, and to continuously maintain, or cause to be maintained, the cart identification sign so that all of the required information is accurate and dearly legible. 7.34.060 Cart removal from business premises —Written permission required. No person shall be deemed to be authorized to remove a cart from a business premises unless he or she possesses written authorization from the cart owner. This Section shall not apply to the possession of a shopping cart removed from the business premises at the direction of the cart owner for the purposes of repair or maintenance. 7.34.070 Physical containment system. A. A cart owner shall be required to install a physical containment system to the satisfaction of the Director of Development Services when the cart owner establishes a facility consisting of more than five thousand square feet (5,000 sq. ft.) of new construction. Ordinance No. 2010 — 3 Shopping Cart Containment B. A cart owner may be required to install a physical containment system to the satisfaction of the Director of Development Services and the City Attorney following the issuance of more than ten administrative citations in a thirty (30) day period. 7.34.080 Regulatory fee authorized. A regulatory fee shall be established to enforce this regulation and to fairly apportion the cost of mitigating the negative effects of off -site shopping carts. A business that installs a physical containment system to the satisfaction of the Director of Development Services, or which does not provide any shopping carts to its customers, shall be exempted from this fee. 7.34.090 City powers not limited by this Chapter. Nothing in this Chapter is intended to limit the ability of the City to remove or dispose of any cart to which a cart identification sign is not attached, or to remove or dispose of any cart which impedes the provision of emergency services, or which is an immediate threat to public health and safety, to the full extent permitted by State law. 7.34.100 Violations. A. A violation of any provision of this Chapter or a failure to comply with any mandatory requirements of this Chapter is subject to prosecution in accordance with Title 1 of the National City Municipal Code and may be enforced through injunctive relief or other relief available by law. Penalties for violations of the provisions of this Chapter may result in a misdemeanor citation for each day in violation, punishable by a maximum of six months in jail and a $1,000 fine, or both such fine and imprisonment. B. Administering departments will be authorized to charge cost recovery fees for services provided under this Chapter. Cost recovery may also be recovered for equipment and personnel expenses incurred, including for shopping cart return. Section 2. Enforcement of this Ordinance shall be held in abeyance until one hundred eighty (180) days after its effective date. PASSED and ADOPTED this day of 2010. ATTEST: Michael R. Della City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor Ordinance No. 2010 — 4 Shopping Cart Containment CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 19 M TITLE: An Ordinance of the City Council of the City of National City Amending Title 7 of the National City Municipal Code by adding Chapter 7.35 pertaining to accepting Recyclable Items from Shopping Carts PREPARED BY: Jodi L. Doucette, Esq. DEPARTMENT: City Attorney PHONE: 336-4412 APPROVED BY: EXPLANATION: A large number of shopping carts are abandoned throughout the city after being used to transport recyclable items. In order to reduce the number of such shopping carts, the proposed ordinance would prohibit any business from accepting recyclable items that are delivered in a shopping cart off -premises of the business that appears to own the shopping cart. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: X FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: N/A BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: .. Jposed ordinance ORDINANCE NO. 2010 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 7 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 7.35 PERTAINING TO ACCEPTING RECYCLABLE ITEMS FROM SHOPPING CARTS BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Title 7 of the National City Municipal Code is hereby amended, by adding Chapter 7.35 to read as follows: Chapter 7.35 ACCEPTANCE OF RECYCLABLE ITEMS FROM SHOPPING CARTS Sections: 7.35.010 Prohibitions —Acceptance of recyclable items from shopping carts. 7.35.020 Violations. 7.35.010 Prohibitions --Acceptance of recyclable items from shopping carts. It is unlawful for any business to accept recyclable items that are delivered in a shopping cart off -premises of the business that appears to own the shopping cart. 7.35.020 Violations. A. A violation of any provision of this Chapter or a failure to comply with any mandatory requirements of this Chapter is subject to prosecution in accordance with Title 1 of the National City Municipal Code, and may be enforced through injunctive relief or other relief available by law. Penalties for violations of the provisions of this Chapter may result in up to a misdemeanor citation for each day in violation, punishable by a maximum of six months in jail and a $1,000 fine, or by both such fine and imprisonment. B. Administering departments are authorized to charge cost recovery fees for services provided under this Chapter, such as for the return of shopping carts. Cost recovery fees may also be recovered for equipment and personnel expenses incurred. Said fees may be established from time to time by resolution of the City Council. PASSED and ADOPTED this day of 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 20 EM TITLE: An Ordinance of the City Council of the City of National City amending Title 9 of the National City Municipal Code by adding Chapter 9.37 pertaining to the Sale or Distribution of Salvia Divinorum or Alvinorin A to people over the age of 18 years of age PREPARED BY: Jodi L. Doucette, Esq. DEPARTMENT: City Attorney PHONE: 336-4412 APPROVED BY: 7) EXPLANATION: Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: X FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce Ordinance BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: norandum _posed Ordinance Mayor Ron Morrison Council Members Frank Parra Alelandra Sotelo-Solis Jess Van Deventer Rosalie Zarate Office of the City Attorney TO: Mayor and City Council FROM: Jodi L. Doucette, Senior Assistant City Attorney SUBJECT: Salvia Ordinance City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette DATE: February 25, 2010 INTRODUCTION After the request of a citizen at a City Council hearing, the City Council asked the City Attorney's Office, in conjunction with the Police Department, to research the City's ability to adopt an ordinance banning the sale of a plant known as "Salvia Divinorum". Currently, the Penal Code bans the sale of such item only as to minors under the age of 18 years of age but does not ban the sale of this item to those over 18 years of age. DISCUSSION Salvia is a member of the sage family of plants. There are over 2000 species of the classification of the plant called Salvia. Salvia Divinorum is one such species and is also known as "Magic Mint" and "Sally-D". Salvia Divinorum's leaves are crushed and typically smoked or, less frequently, chewed, crushed into a drink or inhaled to provide a 5 to 20 minute hallucinogenic high. Experts describe the plant's power as the same vein as LSD, PCP, and hallucinogenic mushrooms. Its effects include dizziness, nausea, lack of coordination, slurred speech, decreased heart rate, and chills. Psychic effects include perceptions of bright lights, vivid colors and shapes, as well as body movements and body or object distortions. Other effects include dysphoria, uncontrolled laughter, a sense of loss of body, overlapping realities, and hallucinations (seeing objects that are not present). The mind altering power of Salvia Divinorum derives from Salvinorin A, one of the most potent natural substances with such hallucinogenic properties, according to Psychopharmacologist Nick Votolato, professor of psychiatry at Ohio State University. The concern is that Salvia Divinorum is becoming the "drug du jour" among young adults. It is cheap, easy to get, and in most states, legal. "It is dangerous because kids are using it and because of its potential for abuse, using it like an LSD substance," according to Harris Stratyner, PhD and Co -Chairman of the Board of National Council for Alcoholism and Drug Dependency. Deidre Houtmeyers, Executive Director of St. Elizabeth's Medical Center's 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Mayor and City Council March 23, 2010 Page Two Comprehensive Additions Program in Boston, states that "there are some horrendous Iong-term effects such as brain dysfunction, brain damage, and inability to learn new information." According to the Drug Enforcement Agency, due to the hallucinogenic effects, there is a substantial risk of injury or death as a result of impaired judgment due to disruptions of sensory and cognitive functions. As of November 2008, thirteen states enacted legislation placing regulatory controls on Salvia Divinorum and/or Salvinorin A. Delaware, Florida, Illinois, Kansas, Mississippi, Missouri, North Dakota, Oklahoma, and Virginia have placed Salvia Divinorum and/or Salvinorin A into Schedule I of state law. California, Louisiana, Maine and Tennessee enacted other forms of legislation restricting the distribution of the plant. Local governments are also pushing more broadly to curb or criminalize the purchase of Salvia Divinorum. Frank Lopez, when working for the Institute for Public Strategies, urged the City to pass a local ordinance to prohibit its sale in National City to all persons. Sergeant Mike Harlan from National City Police Department went to "Mike's Newsstand," 3003 Highland Avenue # D, National City. He spoke with the clerk (a known drug user) there who showed him several clear plastic baggies of Salvia Divinorum for sale in the business. The clerk stated that he has seen people smoke Salvia Divinorum before and the high these people get makes them "completely lose control of themselves." The Salvia Divinorum sold at this store ranges in price from $10 to $60, depending on the potency purchased. Sergeant Harlan also went to "Dream Crystal" at 1536 Highland Avenue, National City, and spoke with the manager who admitted selling Salvia Divinorum for a while. The Salvia Divinorum sold at the Dream Crystal was in small plastic bags and ranged from $19- $49 in price, depending on potency. The customers who buy Salvia Divinorum at the Dream Crystal are advised to use the Salvia Divinorum only in the company of someone else, as its effects makes one hallucinate heavily. The manager described these hallucinations as "seeing the walls melt." The manager said that Salvia Divinorum use has become popular because people make videos of themselves or friends using Salvia Divinorum and then post these videos on "You Tube." Sergeant Harlan later found several "You Tube" videos of people smoking Salvia Divinorum. On some of the comments below these videos, some of the viewers stated their belief that Salvia's use will soon become illegal. It was also found on the Internet and appeared easy to order Salvia Divinorum and have it shipped to one's home. Based on such research, the Police Department agrees with the Institute of Public Strategies and supports a local ordinance being passed prohibiting all sales of Salvia Divinorum Mayor and City Council March 23, 2010 Page Three in National City, not just to those under 18 years of age as it is codified in the Penal Code. This is due to its harmful effects and its long-term potential for brain damage and that there is a substantial risk of injury or death as a result of impaired judgment due to disruptions of sensory and cognitive functions. CONCLUSION The Police Department recommends that this ordinance prohibiting the sale of Salvia Divinorum to those over 18 years of age be adopted. With the use of the Penal Code section prohibiting it from sales to minors, and the City's ordinance hereto attached, the herb could be banned completely in the City, in the best interests of the health and safof our citizens. Jodi Sen JLD/mpa . Doucette, Assistant City Attomey ORDINANCE NO. 2010 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 9 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 9.37 PERTAINING TO THE SALE OR DISTRIBUTION OF SALVIA DIVINORUM OR SALVINORIN A TO PEOPLE OVER 18 YEARS OF AGE BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Title 9 of the National City Municipal Code is hereby amended by adding Chapter 9.37 to read as follows: Chapter 9.37 SALE OR DISTRIBUTION OF SALVIA DIVINORUM OR SALVINORIN A TO PEOPLE OVER 18 YEARS OF AGE Sections: 9.37.010 Definitions. 9.37.020 Prohibited. 9.37.030 Violations. 9.37.010 Definitions. "Salvia Divinorum" is a species of the sage family of plants and contains hallucinogenic ingredients. "Salvinorin A", also called Divinorin A, has been identified to be the active constituent of Salvia Divinorum that is responsible for the hallucinogenic effects of the herb. 9.37.020 Prohibited. Every person who sells, dispenses, distributes, furnishes, administers, gives, or offers to sell, dispense, distribute, furnish, administer, or give Salvia Divinorum or Salvinorin A, or any substance or material containing Salvia Divinorum or Salvinorin A, to any person over 18 years of age, is guilty of a misdemeanor. 9.37. 030 Violations. A violation of any provision of this Chapter or a failure to comply with any mandatory requirements of this Chapter is subject to prosecution in accordance with Title 1 of this Code, and may be enforced through injunctive relief or other relief available by law. Such violation is punishable by imprisonment in the county jail for not to exceed six months, or by a $1,000 fine, or by both such fine and imprisonment. PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 21 EM TITLE: An Ordinance of the City Council of the City of National City amending Title 10 of the National City Municipal Code by adding Chapter 10.15 pertaining to Aggressive Solicitation PREPARED BY: Jodi L. Doucette, Esq. DEPARTMENT: City Attorney PHONE: 336-4412 APPROVED BY: /) //) EXPLANATION: Please see attached memorandum. FINANCIAL STATEMENT: N/A ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: X FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: morandum _posed Ordinance Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate Office of the City Attorney TO: Mayor and City Council FROM: Senior Assistant City Attorney SUBJECT: Aggressive Solicitation Ordinance City Attorney George H. Eiser, 111 Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette DATE: February 18, 2010 INTRODUCTION It would be the legislative intent of the City Council, in considering enactment of an aggressive solicitation ordinance, to improve the quality of life and economic vitality of the City, and to protect the safety of the general public against certain abusive conduct of persons engaged in aggressive solicitation. The goal of such an ordinance would be to impose reasonable place and manner limitations on solicitation in order to protect the safety of the general public against abusive solicitation, while respecting the constitutional right of free speech. DISCUSSION There has been an increase in aggressive solicitation throughout the City that has become disturbing and disruptive to residents and businesses, and has contributed not only to the loss of access to and enjoyment of public places but also to an enhanced sense of fear, intimidation, and disorder. One type of aggressive solicitation ordinance for the City Council to consider would regulate the "manner" of solicitation, such as approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. Another example of an aggressive solicitation ordinance would regulate and restrict the "place" of soliciting. The presence of individuals who solicit money from persons at or near banks or automated teller machines can be especially threatening and dangerous. Motorists also find themselves confronted by persons who without permission wash their automobile windows at traffic intersections, despite explicit indications by drivers not to do so. Such activity often carries with it an implicit threat to both person and property. People driving or parking on city streets frequently find themselves faced with panhandlers seeking money by offering to perform services, such as opening car doors or locating parking spaces. Abusive solicitation of people in places where they are a captive audience in which it is impossible or difficult for them to exercise their own right to decline to listen to or to avoid solicitation from others. Such places 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Mayor and City Council February 18, 2010 Page Two with panhandlers seeking money by offering to perform services, such as opening car doors or locating parking spaces. Abusive solicitation of people in places where they are a captive audience in which it is impossible or difficult for them to exercise their own right to decline to listen to or to avoid solicitation from others. Such places include buses, subways, and trains; parking lots and structures; and indoor and outdoor dining areas. Restricting solicitation in such places will provide a balance between the rights of solicitors and the rights of persons who wish to decline or avoid such solicitations, and will help avoid or diminish the threat of violence in such unwarranted and unavoidable confrontations. The City of Los Angeles' ordinance is an example of where the City Council chose to placed restrictions on both "place" and "manner". Such restrictions were upheld by the California Supreme Court. The restrictions adopted, however, must be neither overbroad nor vague, and be narrowly tailored to serve a substantial governmental interest. As such, enactment of such an ordinance would be timely and appropriate because current laws and City regulations are insufficient to address the aforementioned problems. The only restrictions existing in the National City Municipal Code regulate vehicular solicitation but no other "place" restrictions exist currently, nor are there any "manner" restrictions existing in the code at this time. Furthermore, the City Council could provide for the availability of community service and other sentencing alternatives, which may be appropriate remedies for violations of such regulation. The goal of the restrictions is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation that have become an unwelcome and overwhelming presence in the city. CONCLUSION It is recommended that City Council adopt an Aggressive Solicitation ordinance. Jodi L. Doucette, Esq. Senior Assistant City Attorney JLD/mpa ORDINANCE NO. 2010 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 10.15 PERTAINING TO AGGRESSIVE SOLICITATION BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Title 10 of the National City Municipal Code is hereby amended, by adding Chapter 10.15 to read as follows: Chapter AGGRESSIVE SOLICITATION Sections: 10.15.010 Definitions. 10.15.020 Aggressive solicitation prohibited. 10.15.030 All solicitation prohibited at specified locations. 10.15.040 Penalty. 10.15.050 Severability. 10.15.060 Non -exclusivity. 10.15.010 Definitions. For purposes of this section: A. "Solicit, ask or beg" shall include using the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services. B. "Public place" shall mean a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence. 10.15.020 Aggressive solicitation prohibited. A. No person shall solicit, ask or beg in an aggressive manner in any public place. B. "Aggressive manner" shall mean any of the following: 1. Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to (i) fear bodily harm to oneself or to another, damage to or loss of property, or (ii) otherwise be intimidated into giving money or other thing of value; 2. Intentionally touching or causing physical contact with another person or an occupied vehicle without that person's consent in the course of soliciting, asking or begging; 3. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact; 4. Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging; 5. Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or 6. Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation. 10.15.030 All solicitation prohibited at specified locations. A. Banks and ATMs. No person shall solicit, ask or beg within 15 feet of any entrance or exit of any bank, savings and loan association, credit union, or check cashing business during its business hours or within 15 feet of any automated teller machine during the time it is available for customers' use. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. Provided further that no person shall solicit, ask or beg within an automated teller machine facility where a reasonab►e person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility. Nothing in this paragraph shall be construed to prohibit the lawful vending of goods and services within such areas. Definitions. For purposes of this section: 1. "Bank" means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation. 2. "Savings and Loan Association" means any federal savings and loan association and any "insured institution" as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act. 3. "Credit Union" means any federal credit union and any state -chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration. 4. "Check Cashing Business" means any person duly licensed as a check seller, bill payer, or pro -rater pursuant to Division 3 of the California Financial Code, commencing with section 12000. 5. "Automated Teller Machine" shall mean any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account. 6. "Automated Teller Machine Facility" shall mean the area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours. B. Exemptions. The provisions of subdivision A shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets, airports and school buildings, provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located. C. Parking lots. No person shall solicit, ask or beg in any public parking lot or structure any time after dark. "After dark" means any time from one-half hour after sunset to one-half hour before sunrise. 1. Exemptions, Subdivision C shall not apply to any of the following: a. To solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants; b. To solicitations related to the lawful towing of a vehicle; or c. To solicitations related to emergency repairs requested by the operator or other occupant of a vehicle. Ordinance 2010 - 2 Aggressive Solicitation D. Public transportation vehicles and stops. 1. "Public Transportation Vehicle" shall mean any vehicle, including a trailer bus, designed, used or maintained for carrying 10 or more persons, including the driver; or a passenger vehicle designed for carrying fewer than 10 persons, including the driver, and used to carry passengers for hire. 2. Any person who solicits, asks or begs in any public transportation vehicle, or within ten feet of any designated or posted public transportation vehicle stop, is guilty of a violation of this section if: a. He or she remains there after being asked to leave by the owner, driver, or operator of a public transportation vehicle; the agent of the owner, driver or operator of a public transportation vehicle; the owner or manager of a public transportation facility; the agent of the owner or manager of a public transportation facility; a member of a security force employed by the public transportation facility; or by a peace officer, as defined in Chapter 4.5 of Title 3 of the California Penal Code (commencing with Pen. Code, § 830); or b. Within the immediately preceding 30 days, he or she engaged in a solicitation at that location and had been asked to leave by a person specified in subdivision (c)(3)(B)(i), above. c. Subdivision C.2. shall not apply to a person who has been requested to leave enters the property within the designated period and solicits, asks, or begs with the express authorization of a person specified in subdivision C.2.a. E. Restaurants. Any person who solicits, asks, or begs in any outdoor or indoor dining area of a restaurant or other establishment serving food for immediate consumption is guilty of a violation of this section if: 1. They remain there after being asked to leave by the owner, manager or supervisor of the restaurant or other food establishment; the agent of the owner, manager or supervisor of the restaurant; a member of a security force employed by the restaurant; or by a peace officer, as defined in Chapter 4.5 of Title 3 of the California Penal Code (commencing with Penal Code Section 830), acting at the request of any of the persons specified in this subdivision; or 2. Within the immediately preceding 30 days, he or she engaged in a solicitation at that location and had been asked to leave by a person specified in subdivision D.1., above. 3. Subdivision D shall not apply to a person who has been requested to leave enters the property within the designated period and solicits, asks, or begs with the express authorization of a person specified in subdivision D.1. 10.15.040 Penalty. A. A violation of any provision of this Chapter or a failure to comply with any mandatory requirements of this Chapter is subject to prosecution in accordance with Title 1 of the National City Municipal Code and may be enforced through injunctive relief or other relief available by law. Penalties for violations of the provisions of this Chapter may result in up to a misdemeanor citation for each day in violation, punishable by a maximum of one year in jail and a $1,000 fine. B. Administering departments are authorized to charge cost recovery fees for services provided under this Chapter. Cost recovery fees may also be recovered for equipment and personnel expenses incurred. Said fees may be established from time to time by resolution of the City Council. 10.15.050 Severability. The provisions of this Chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this Chapter, or the invalidity of the application thereof to any person or circumstance shall not Ordinance 2010 - _ 3 Aggressive Solicitation affect the validity of the remainder of this Chapter, or the validity of its application to other persons or circumstances. 10.15.060 Non -exclusivity. Nothing in this Chapter shall limit or preclude the enforcement of other applicable laws. PASSED and ADOPTED this day of 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor Ordinance 2010 - 4 Aggressive Solicitation CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 22 EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign an Agreement with the City of Chula Vista for general animal control, shelter, and related administrative services for National City for a total not to exceed amount of $377,730 for Fiscal Year 2009/2010, with options to extend for four (4) additional one (1) year terms PREPARED BY: Assistant Chief Manuel Rodriguez DEPARTMENT: Police PHONE: 336-4507 APPROVED BY: EXPLANATION: The City of National City has provided animal shelter and related administrative services for the City of National City since 1991; this agreement is a continuation of that service. FINANCIAL STATEMENT: ACCOUNT NO. 001-411-000-299-0000 APPROVED: APPROVED: The cost of this agreement not exceed $377,730 has been allocated with the police budget. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: eement ...,posed resolution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE CITY OF CHULA VISTA FOR GENERAL ANIMAL CONTROL, SHELTER, AND RELATED ADMINISTRATIVE SERVICES TO THE RESIDENTS OF NATIONAL CITY FOR A TOTAL NOT TO EXCEED AMOUNT OF $377,730 FOR FISCAL YEAR 2009/2010 WITH OPTIONS TO EXTEND FOR FOUR (4) ADDITIONAL ONE (1) YEAR TERMS WHEREAS, the City of Chula Vista ("Chula Vista") owns and operates an animal care facility located at 130 Beyer Way in Chula Vista, which provides a full range of animal control services to the citizens of Chula Vista; and WHEREAS, the City of National City desires to enter into an agreement with Chula Vista whereby Chula Vista will provide animal shelter and control services for the impounding, adoption, redemption, and care and disposition of dogs, cats, and other small animals for the not to exceed amount of $377,730 for fiscal year 2009/2010, with options to extend for four (4) additional one (1) year terms. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with the City of Chula Vista for general animal control, shelter, and related administrative services for a total not to exceed amount of $377,730 for fiscal year 2009/2010, with options to extend for four (4) additional one (1) year terms. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BETWEEN CITY OF CHULA VISTA AND CITY OF NATIONAL CITY PROVIDING ANIMAL CARE SERVICES This agreement ("Agreement"), dated , 2010 for reference purposes only, and effective as of the date last executed is between the City of Chula Vista, ("City"), a chartered municipal corporation of the State of California, and the City of National City, a chartered municipal corporation of the State of California ("National City"). The City and National City may be referred to herein individually as "Party" and collectively as "Parties." This "Agreement" is made with reference to the following facts: RECITALS WHEREAS, City owns and operates an animalcare facility, located at 130 Beyer Way, Chula Vista, California and provides a full range of animal control services to the citizens of Chula Vista; and, WHEREAS, National City desires to enter into an agreement with City, whereby City will provide animal shelter and control services for the impounding, adoption, redemption, and the care and disposition of dogs, cats, and other small animals; and WHEREAS, City has the authority to enter into contracts with other agencies to provide such services. NOW, THEREFORE, in consideration of their mutual promises, and other good and valuable consideration, the Parties hereto do hereby agree as follows: ARTICLE I. TERM 1.1 Term. This Agreement shall be for the fiscal year 2009/201.0. (A) Options to Extend. Parties may extend the Agreement for four (4) additional one (1) year terms. (B) Notice., National City shall provide written notice to City at least sixty (60) calendar days, but no more than ninety (90) calendar days, .prior to the expiration of the term of this Agreement expressing its intent to exercise an option. ARTICLE II. SCOPE OF SERVICES 2.1 General Services. City shall provide general animal control, shelter, and related administrative services to the residents of National City to the extent and in the manner set forth herein. Animal Care Services Agreement Page 1 (A) Field Services. Not Applicable. (B) Shelter Services. City shall provide the shelter services to the residents of National City in the manner and type described below: (1) Shelter Location. Shelter Services shall be provided at the facility located in the City of Chula Vista at 130 Beyer Way. (2) Hours of Operation. The facility hours are currently 10:00am to 5:OOpm, Tuesday through Friday, and 10:00am to 4:O0pm on Saturday. The facility will be closed on Sunday, Monday, and all major holidays. (3) (a) Changes in Hours of Operation. City shall notify National City of changes to facility hours in advance of such changes. Types of Services. (a) Strays. City shall accept strays at no charge to the National City residents. (b) Relinquishing Animals. National City residents may relinquish owned animals to the facility for euthanasia or adoption. (c) Redeeming Animals. National City residents may redeem animals from the facility. (d) Holding. City agrees to hold all dogs and cats for the minimum holding period required by the California Food and Agricultural Code and other applicable state law. As per applicable state code sections, animals with communicable diseases and severe injuries or illness may be euthanized prior to the expiration of the normal holding period. Veterinary medical care will be provided as needed for all impounded animals for the duration of their hold period as needed. City will attempt to notify owners of identified animals that their animal is in the custody of the City Animal Care Facility and advise them of the holding period. National City shall relinquish to City for disposition in accordance with all applicable laws, policies or procedures as deemed appropriate by the City Animal Care Facility Manager all animals held in the animal care facility and not claimed or adopted. Upon payment of all appropriate fees, City will release to the legal owner, any impounded domestic animal. City will have discretion without recourse to National City to release animals under special circumstances regardless of payment of fees. Animal Care Services Agreement Page 2 (i) No Medical Research. City will not sell or give any live or dead animal to a medical research facility at any time or from any jurisdiction. (e) Spaying and Neutering. City will ensure all dogs, cats and rabbits adopted from the shelter are spayed or neutered at the time of. adoption or a spay/neuter deposit will be collected in accordance with state law. Additionally, the City Animal Care Facility will provide the public with low-cost spay/neuter information and assistance. (f) Maintenance of Facility. City shall maintain its facility in a humane manner and shall keep its facility in a sanitary condition at all times. All services furnished by City shall be provided in accordance with local laws and the laws of the State of California. City shall use humane methods in the care, euthanizing, and disposition of any animal coming under its jurisdiction. (C) Administrative Services. City shall provide the following administrative services. (1) Meetings. City will provide a representative to attend any National City meetings that involve animal control issues upon request and with reasonable notice. (2) Meet and Confer. A City representative. will meet and confer in good faith with a National City administrator over operational issues associated with the administration of this Agreement. (3) Reports. City will provide monthly reports to National City. These reports will include the number of impounds, redemptions, euthanizations, service responses, and adoptions. (4) Testimony. When requested by National City and at no additional cost, City shall make available its employees and/or other percipient witness under its control, for any challenge stemming from the services provided herein (including but not limited to Municipal Code citations) as needed to testify in a court of law, administrative or other proceeding. This duty shall survive the termination of this Agreement. ARTICLE III. EXCLUDED SERVICES 3.1 Not Applicable. Animal Care Services Agreement Page 3 ARTICLE IV. NATIONAL CITY OBLIGATIONS 4.1 Payment. National City shall pay the City the following in the amount and manner set forth herein. (A) Monthly Payments. National City agrees to pay City $377,730.00 for FY 2009/2010. City recognizes that National City has already paid City approximately $41,898.75 and that any amounts already paid will be offset against the total amount due. The balance due shall be divided by the number of months remaining and paid in monthly payments beginning the month this Agreement is approved. (1) Invoices and Payment Date. The City Finance Office shall submit the billing to National City on or before the 10th day of the month following the billing period and that amount shall be due and payable within thirty (30) calendar days of the invoice date. (2) Redemption Fees. Monthly payments shall be reduced by any Redemption Fees collected under this agreement. (3) Late Payments. If the invoice is not paid within 45 days of the invoice day, it shall be considered late. A one and one half (1 Y2%o) finance charge per month will be assessed on the original delinquent amount. (B) Pricing of Contract Extensions. The price for the contract pursuant to these terms for fiscal year 2010/2011 has been —determined —to be $342,264. Pricing for contract extensions for each subsequent fiscal year shall be based on the number amount of Animal Intakes received from National City for the preceding calendar year. National City's animal intakes shall be assigned a percentage compared to the other animal intakes City itself produces in addition to the amounts it receives from other entities (ex = 20% of total). Then National City's percentage will be applied to City's total overhead, staffing and supplies and associated costs related to Animal Care Services explicitly excluding Animal Control Services for the succeeding fiscal year which will result in the proposed contract pricing for the next fiscal year, broken down in monthly payments which shall be reduced every month by offsets for impounds as detailed in the monthly invoice sent to National City by City's Finance Department (1) No later than March 1 each year, the City will notify National City of the actual Animal Intakes for the preceding calendar year, and the proposed contract pricing for the next fiscal year. As stated above, the proposed contract price for fiscal year 2010/2011 is.$342,264. (2) If National City desires to execute an option to extend, it shall notify City in writing no later than May 1 of each year that it accepts the proposed Animal Care Services Agreement Page 4 contract pricing for the upcoming fiscal year (and specifically stating that amount in the letter) and, thereby, executes an option to extendthe contract for an additional one (1) year fiscal term. This letter shall be signed and executed by the Mayor for National City and shall be attached to this contract and its terms incorporated herein. If this option letter is not received by May 1 of that year, the contract will terminate by its terms on June 30 of the year in question. 4.2 Vehicles and Supplies. Not Applicable. 4.3 Support Services. (A) Provision of Data. National City shall provide City with a current listing of all animal licenses issued, including permits or licenses for dogs, cats, dangerous dogs or animals, exotic animals, kennels, pet shops, ranches or farms, dog shows, obedience trials and circuses. (B) Notice of Scheduled Meetings. National City shall notify City at least 72 hours in advance of any animal -related issues, which are anticipated to be scheduled on an agenda for the City Council or any legislative or administrative body of National City when City employees will be required to appear. (C) Fee Schedule. National City shall adopt and/or follow the animal service fee schedule established by City. (D) Legal Representation. National City will provide legal representation in cases of public nuisance, dangerous and potentially dangerous animal cases, and for lawsuits, claims, or litigation pertaining to these cases which are based upon or arise from the actions of National City, including the National City Animal Control Officers. ARTICLE V. ANIMAL SERVICES FEES 5.1 Fees Charged National City Residents. National City residents shall be required to pay fees for certain services provided for Animal Care and Control. (A) Relinquishment and Redemption. Fees will be charged in accordance with City's master fee schedule. 5.2 Fee Updates. On occasion, City may be required to update fees to account for increased costs. As new fees are adopted, for the purpose of this Agreement, such fees shall replace those currently in effect. Animal Care Services Agreement Page 5 ARTICLE VI. INDEMNITY 6.1 National City to Indemnify. National City shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, employees, agents, and volunteers, from and against any and all claims, demands, causes of action, costs, expenses, liability, Toss, damage or injury, in law or equity, to property or persons in any manner arising out of, related to, or in connection with the destruction of any animal delivered to and accepted by the Animal Care Facility. In addition, this indemnity provision shall cover any alleged acts,omissions, negligence, or willful misconduct of National City, its officials, officers, employees, agents, and volunteers. This indemnity provision, however, does not include any claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees, agents, and volunteers. 6.2 City Duty to Indemnify. City shall defend,indemnify, protect, and hold harmless National City, its elected officials, appointed officers, employees, officers, volunteers, agents and representatives from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, .damage or injury, in law or equity, to property or persons in any manner arising out of, related to, or in connection with the acts or omissions of the City, or its employees, agents, and officers, arising out of any services performed under this Agreement. City's duty to defend and indemnify shall not extend to any claims or liabilities arising from the sole negligence or sole willful misconduct of the City of National City, its agents, officers or employees. 6.3 Costs of Defense and Award. Included in the obligations in Sections 6.1 and 6.2, above, is the Indemnitor's obligation to defend, at Indemnitor's own cost, expense and risk, any andall aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the Indemnitee, its directors, officials, officers, employees, agents and/or volunteers. lndemnitor shall pay and satisfy any judgment, award or decree. that may be rendered against Indemnitee, its directors, officials,. officers, employees, agents and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. 6.4 Insurance Proceeds. Indemnitor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Indemnitee, its directors, officials, officers, employees, agents, and/or volunteers. 6.5 Enforcement Costs. Indemnitor shall pay any and all costs Indemnitee incurs enforcing the indemnity and defense provisions set forth in Article VI. 6.6 Survival. Indemnitor's obligations under Article VI shall survive the termination of this Agreement. Animal Care Services Agreement Page 6 ARTICLE VII. FORCE MAJEURE 7.1 Definition. An Event of Force Majeure means an occurrence beyond the control and without the fault or negligence of a Party, including but not limited to unusually severe weather, flood, earthquake, fire, lightning, and other natural catastrophes, acts of God or the public enemy, war, terrorist act, riot, insurrection, civil disturbance or disobedience, strike, labor dispute, road impediments, expropriation or confiscation of facilities, changes of applicable law, or sabotage of facilities, so long as such Party makes good faith and reasonable efforts to remedy the delays or failures in performance caused thereby. 7.2 Force Majeure. City shall be excused for any delay or failure to perform its duties and obligations under this Agreement to the extent that such failure or delay is caused by an Event of Force Majeure as set forth in section 7.1. Delay or failure in performance by a Party which is the result of an Event of Force Majeure set forth in section 7.1 shall be deemed excused for a period no longer than the delay or failure in performance caused by such Event. 7.3 Notice. City shall give written notioe to National City as soon after becoming aware of the delay or failure in performance caused by an Event of Force Majeure as is reasonably possible, but in any event within five (5) working days after City becomes aware of such delay or failure. 7.4 No Adjustments. In the Event of Force Majeure, the monthly amount payable pursuant to this Agreement shall be prorated for that period in which services could not be provided. ARTICLE VIII. TERMINATION OF AGREEMENT 8.1 Termination for Convenience. Either Party may terminate this Agreement at any time and for any reason, by giving specific written notice of such termination and specifying the effective date thereof at least ninety (90) days before the effective date of such termination. If the Agreement is terminated by National City as provided for in this paragraph, City shall be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination. If the Agreement is terminated by City as provided for in this paragraph, National City shall be entitled to continue to receive services under this Agreement up until the effective date of such termination and National City will continue to pay for the services up until the effective date of such termination (and the. payments shall be prorated should the effective date of termination not end on the last day of a month). 8.2 Termination for Cause. If, through any cause, either party shall substantially fail to fulfill in a timely and proper manner any obligation under this Agreement, or violate any of its covenants, agreements or conditions, the Party not in breach shall have the right to terminate this Agreement by giving written notification of such Animal Care. Services Agreement Page 7 termination and specifying the effective date thereof at least five (5) days before termination. If the Agreement is terminated by National City as provided for in this paragraph, City shall be entitled to receive just and equitable compensation for all services performed prior to the effective date of such termination. If the Agreement is terminated by City as provided for in this paragraph, National City shall be entitled to continue to receive services under this Agreement up until the effective date of such termination and National City will continue to pay for the services up until the effective date of such termination (and the payments shall be prorated should the effective date of termination not end on the last day of a month). ARTICLE IX. NOTICES 9.1 Method of Notification. All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid, addressed to the Administrator, or his/her designee, designated below for the respective party. 9.2 Designation and Contact Information. The following, including their respective addresses, are hereby designated as Administrators for the purposes of this Agreement only: (A) City of Chula Vista Assistant City Manager, and/or his/her designee 276 Fourth Avenue Chula Vista, CA 91910 (B) City of National City Chris Zapata, City Manager, and his/her designee 1243 National City Blvd. National City, CA 91950 9.3 Changes. If the Administrator, designee or address of either party changes, notice of the change shall be sent to the other party. After the receipt of the notice of change, all. future notices or demands shall be sent as required by the notice of change. ARTICLE X. MISCELLANEOUS PROVISIONS 10.1 Headings. All article headings are for convenience only and shall not affect the interpretation of this Agreement. 10.2 Gender & Number. Whenever the context requires, the use herein of (i) .the neuter gender includes the masculine and the feminine genders and (ii) the singular number includes the plural number. 10.3 Reference to Paragraphs. Each reference in this Agreement to a section refers, unless otherwise stated, to a section this Agreement. Animal Care Services Agreement Page 8 10.4 Incorporation of Recitals and Exhibits. All recitals herein and exhibits attached hereto are incorporated into this Agreement and are made a part hereof. 10.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on the part of the City or National City shall be deemed to be both covenants and conditions. 10.6 Integration. This Agreement and any exhibits or references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and agreements are merged into this Agreement. 10.7 Severabilitv. In the event that any phrase, clause, paragraph, section or other portion of this Agreement shall become illegal, null or void, or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining portions of this Agreement shall not be affected and shall remain in force and effect to the fullest extent permissible by law. 10.8 Drafting Ambiguities. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to eek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement. 10.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this Agreement and any exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement,the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. 10.10 Compliance With Law. The Parties shall, at their sole cost and expense, comply with all the requirements of municipal, state, and federal authorities now in effect or which may hereafter be in effect related to this Agreement. Animal Care Services Agreement Page 9 10.11 Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. This Agreement shall be deemed made and entered into in San Diego County, California. 10.12 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arisingout of this agreement, against either Party unless a claim has first been presented in writing, filed with, and acted upon by the alleged offending Party in accordance with the procedures set forth in its respective Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by each Party in the implementation of same. Upon request by either Party, the Parties shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement 10.13 Fees. In the event any action or proceeding shall be instituted in connection with this Agreement, including without limitation the enforcement of any indemnification obligation contained herein, the losing Party shall pay to the -prevailing Party a reasonable sum for attorneys' fees and costs incurred in bringing or defending such action or proceeding and/or enforcing any judgment granted. 10.14 Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 10.15 Municipal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a chartered city of the State of California. 10.16 Assignment. This Agreement or any right or privilege hereunder shall not be assigned to another by any Party without the express written consent of the other Party. Consent to an assignment shall not be deemed to be consent to any subsequent assignment. Any assignment without consent shall be void. 10.17 No Waiver. No failure of either Party to insist upon the strict performance by the other Party of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such. breach of such covenant, term or condition. No waiver of any default hereunder shall be implied from any omission to take any action on account of such default. The consent or approval to or of any act requiring consent or approval shall not be deemed to waive or render unnecessary future consent or approval for any Animal Care Services Agreement Page 10 subsequent similar acts. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. 10.18 Additional Rights. No rights other than those specifically identified herein shall be implied from this Agreement. 10.19 Cumulative Remedies. All rights, options, and remedies contained in this Agreement shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and each Party shall have the right to pursue any one or all of such remedies or to seek damages or specific performance in the event of any breach of the terms hereof or to pursue any other remedy or relief which may be provided by law or equity, whether or not stated in this Agreement. 10.20 Independent Contractor. Unless otherwise stated in this Agreement, all persons employed in the performance of services and functions for National City under this Agreement shall be City employees, agents, or contractors thereof. No National City employee shall perform services or functions that City is obligated to provide under this Agreement. All City employees who are employed by City to perform the services pursuant to this Agreement shall be entitled solely to the rights and privileges given to City employees and shall not be entitled, as a result of providing services pursuant to this Agreement, to any additional rights and privileges given to National City employees. National City shall not be liable for the direct payment of any salaries, wages, or the compensation to City personnel, agents, or contractors performing services pursuant to this Agreement, or any liability other than that provided for in this Agreement. Unless specified otherwise, National City shall not be liable for compensation or indemnity to any City employee, agent, or contractor for injury or sickness or any other claims arising out of his or her employment. City is an independent contractor, and no agency relationship, either expressed or implied, is created by the execution of this Agreement. 10.21 Good Faith. The Parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. Both Parties agree to meet and confer in good faith with City's Animal Care Facility Administrator regarding operational matters upon request. 10.22 Signing Authority. The representative for each Party signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist. [Signature Page Follows] Animal Care Services Agreement Page 11 SIGNATURE PAGE TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND CITY OF NATIONAL CITY PROVIDING FULL ANIMAL CONTROL SERVICES CITY OF CHULA VISTA Date: Approved as to form: Bart Miesfeld Cheryl Cox City Attorney Mayor CITY OF NATIONAL CITY Date: Approved as to form: George H. Eiser, III City Attorney Attest: Susan Bigelow City Clerk Ron Morrison Mayor Attest: City Clerk Animal Care Services Agreement Page 12 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 23 EM TITLE: Resolution of the City Council of the City of National City authorizing the City Engineer to execute and submit Program Supplement Agreement No. 0G79 to the State of California Department of Transportation to encumber $500,000 in State Safe Routes to School Funding for construction of a Roundabout at the Intersection of D Avenue and E. 12th Street (matching funds in the amount of $125,000 available through the Tax Increment Fund) PREPARED BY: Stephen Manganiello, Traffic Engineer/W1 DEPARTMENT: Develnt Services/Eng. PHONE: 619-336-4382 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: APPROVED:. .1��,!�(L ACCOUNT NO. APPROVED: 323-409-500-598- 6175 : $500,000 (State SR2S Grant) 511-409-500-598- 6175: $125,000 (Tax Increment Fund) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: X Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: xplanation z. resolution 3. Program Supplement Agreement Explanation On September 1, 2009, the City Engineer presented a staff report to City Council summarizing the Roundabout Safety Enhancement Project for the intersection of D Avenue and E. 12th Street and award of a $500,000 State Safe Routes to School Grant for the project. Improvements include splitter islands on each approach for pedestrian refuge, ADA ramps, crosswalks, signing and striping enhancements, lighting, drainage and landscaping. The goal is to improve pedestrian access, reduce vehicle speeds, collisions and cut -through traffic, and provide a safer environment to encourage more children to walk to and from Otis Elementary School, Central Elementary School and National City Middle School. Funding for public outreach and education is also available through the grant. Per Resolution No. 2007-68, City Council authorized the City Engineer to execute Master Agreement No. 00013S with the California Department of Transportation for the City's future State -funded projects. On January 19, 2010, the State of California Department of Transportation (Caltrans) allocated $500,000 of State Safe Routes to School funds for construction of a roundabout at the intersection of D Avenue and E. 12th Street. Local matching funds in the amount of $125,000 are required for a total project cost of $625,000. In order to satisfy the grant requirements, a Program Supplemental Agreement must be executed and submitted by the City Engineer by April 9, 2010. City Council Resolution is required. Design and engineering for the project is scheduled to being in August 2010. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE AND SUBMIT PROGRAM SUPPLEMENT AGREEMENT NO. 0G79 TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO ENCUMBER $500,000 IN STATE SAFE ROUTES TO SCHOOL FUNDING FOR CONSTRUCTION OF A ROUNDABOUT AT THE INTERSECTION OF D AVENUE AND EAST 12 STREET WHEREAS, on April 17, 2007, the City Council adopted Resolution No. 2007-68, authorizing the City Engineer to execute Master Agreement No. 00013S with the California Department of Transportation for the City's future State -funded projects; and WHEREAS, on September 1, 2009, the City Engineer presented a report to the City Council summarizing the Roundabout Safety Enhancement Project for the intersection of D Avenue and East 12th Street; and WHEREAS, the Project goal is to improve pedestrian access, reduce vehicle speeds, collisions, and cut -through traffic, and provide a safer environment to encourage more children to walk to and from Otis Elementary School, Central Elementary School, and National City Middle School; and WHEREAS, on January 19, 2010, the State of California Department of Transportation (CalTrans) allocated $500,000 of State Safe Routes to School funds for the construction of a roundabout at the intersection of D Avenue and East 12th Street, with required matching funds in the amount of $125,000; and WHEREAS, to satisfy the grant requirements, Program Supplemental Agreement No. 0G79 must be executed and submitted by the City Engineer by April 9, 2010. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute Program Supplemental Agreement No. 0G79 for $500,000 in State Safe Routes to School funding for construction of a roundabout at the intersection of D Avenue and East 12th Street. Said Program Supplemental Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ?ROGRAM SUPPLEMENT NO. G79 to 3DMINISTERING AGENCY -STATE AGREEMENT ?( 'ATE FUNDED PROJECTS NO. 00013S Date:February 02, 2010 Location: I I-SD-O-NATC Project Number: SR2SI -5066(018) E.A. Number:II-956632 Locode:5066 :his PROGRAM SUPPLEMENT, effective I ley 10, hereby incorporates into the Administering Agency - State Agreement No. 10013S for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an affective date of 05/02/07 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in ccordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the N.DMINISTERING AGENCY on (See copy attached). 'he ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from ources noted below encumbered to this project, it accepts and will comply with the Special Covenants and Remarks set forth on the ollowing pages. ?ROJECT LOCATION: ntersection of D Avenue and East I2th. Street TYPE OF WORK: Construct roundabout w/ islands, ramps, crosswalk, signing & striping, ligh Estimated Cost State Funds Matching Funds $625,000.00 STATE $500,000.00 LOCAL $125,000.00 $0.00 OTHER $0.00 :ITY OF NATIONAL CITY Date Z.LG_10 Title City Engineer STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date Z- -7_ ' (J J $500,000.00 Chapter Statutes Item Year Prora� ( BC Category Fund Source AMOUNT 268 2008 2660-102-042 2008-2009 20.30.010.535 C 262040 042-T 500,000.00 Program Supplement 00-013S-G79- SERIAL Page 1 f 4 1-SD=0-NATC 02/02/2010 R2SL-5066(018) 1. SPECIAL COVENANTS OR REMARKS All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds. 2. 2.1 This Program Supplement Agreement (PSA) is intended for Safe Route to School (SR2S) Program funded with State -only funding. Separate agreements are needed if PROJECT is also funded with any other STATE administered State or Federal funds. 2.2 The PROJECT will be administered in accordance with the SR2S Program Guidelines (LPP 02-01 effective March 11, 2002), as approved and amended, and the PROJECT Application. 2.3 This PSA allows reimbursement of eligible PROJECT expenditures to the ADMINISTERING AGENCY for which State funds are allocated. The effective State allocation date establishes eligibility for the ADMINISTERING AGENCY to start reimbursable work and seek reimbursement of funds. Any work done prior to the effective allocation date is not eligible for reimbursement from the SR2S funds. 2.4 The STATE and ADMINISTERING AGENCY agree that SR2S funds available for reimbursement to the ADMINISTERING AGENCY by the STATE will be limited to the amount allocated and encumbered by the STATE. Any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter. 2.5 The ADMINISTERING AGENCY agrees to submit to the STATE, Exhibit 24-B "Project Status Report" as required by the SR2S Program Guidelines. 2.6 The ADMINISTERING AGENCY agrees to encumber the funds under agreement and award the construction contract by June 30th of the fiscal year in which funds are programmed. For projects unable to meet this deadline, the ADMINISTERING AGENCY may request, in writing, a time extension from the District Local Assistance Engineer (DLAE). A one-time extension, for a maximum period of one year, may be granted by the DLAE. Projects unable to meet Program Supplement 00-013E-G79- SERIAL Page 2 of 4 I-SD-O-NATC ,R2SL-5066(018) 02/02/2010 SPECIAL COVENANTS OR REMARKS the new deadline may be dropped from the program. 2.7 The ADMINISTERING AGENCY agrees to provide contract award information to the STATE when submitting first invoice for this PROJECT. Attachment I of this PSA may be used for providing the necessary contract award information. 2.8 The ADMINISTERING AGENCY agrees to submit the "Report of Expenditures" to the DLAE within six (6) months after the project completion in accordance with Section 17.5 of the Local Assistance Procedures Manual (LAPM). 2.9 The ADMINISTERING AGENCY agrees to follow all relevant State laws and requirements including the California Environmental Quality Act (CEQA). 3. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on -going or future federal -aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with Prog•7am Supplement 00-013S-G79- SERIAL Page 3 of 4 1-SL -O-N A T€ 02/02/2010 ;R2SL-5066(01 8) SPECIAL COVENANTS OR REMARKS the current Local Assistance Procedures Manual. Program Supp1iment 00-013S-G79- SERIAL Page 4 of 4 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 24 iM TITLE: Resolutions of Necessity for the Acquisition of Real Property for the Plaza Boulevard Street Widening Project PREPARED BY: Maryam Babaki George H. Eiser, III PHONES: Exts. 4383 and 4221 EXPLANATION: DEPARTMENT: Development Services City Attorney APPROVED BY: APPROVED Please see attached memorandum. FINANCIAL STATEMENT: General Fund will not be affected. APPROVED: ACCOUNT NO. APPROVED: ENVIRONMENTAL REVIEW: Mitigated Negative Declaration adopted December 20, 2005. Finding of No Significant Impact approved June 22, 2006. ORDINANCE: INTRODUCTION: FINAL ADOPTION: J Finance MIS STAFF RECOMMENDATION: Adopt resolutions.. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum 4. Notices of Intent to Adopt Resolution of Necessity .Project Description 5. Resolutions of Necessity 3. Letter from Jane L. Wiggans, SR/WA Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate City Attomey George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Office of the City Attorney Senior Assistant City Attorney Jodi L. Doucette TO: Mayor and City Council DATE: March 24, 2010 FROM: City Attorney SUBJECT: Public Hearing and Resolutions of Necessity; Property Acquisitions for Plaza Boulevard Street Widening Project The Plaza Boulevard Street Widening Project (Project) includes the widening of approximately 1.1 miles of Plaza Boulevard in the eastbound and westbound directions between Highland Avenue and Euclid Avenue. (For a complete description of the Project, please refer to the attached document entitled "Project Description" prepared by the Engineering Department.) In order to obtain the necessary widths for the widening of the street right-of-way, it was necessary for the City to acquire permanent and/or temporary construction easements from the owners of 37 of the properties located on the north and south sides of Plaza Boulevard. As required by law, the City first obtained appraisals to determine the fair market value of the property interests needed to be acquired, then made offers to the property owners to purchase those property interests based upon the indicated fair market value. (Please refer to the attached letter from the City's acquisition agent, Jane L. Wiggans, SR/WA of the Wiggans Group.) In the case of 18 of the 37 properties, acquisitions have been completed or are in escrow through negotiated purchase. In order to secure the necessary easements for the Project in a timely manner, staff is recommending that the City Council take the first steps toward acquiring the easements through eminent domain proceedings. These steps include the holding of a hearing at which -the affected property owners may appear, and subsequent to the hearing, the adoption of resolutions of necessity. Prior to the hearing, the City must give notice of the City Council's intent to adopt a resolution of necessity to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll. The notice must state the intent of the City Council to adopt the resolution of necessity, and inform the property owner that they have 15 days in which to file a written request to appear and be heard at the hearing. The required notices were sent via first-class mail on March 18, 2010. (Please refer to the attached Notices of Intent to Adopt Resolution of Necessity. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Those property owners who have filed a timely written request with the City Clerk to appear and be heard at the hearing may, at the time of the hearing, address the following issues: 1. Whether the public interest and necessity require the proposed project. 2. Whether the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. Whether the property sought to be acquired is necessary for the project. It is not appropriate at the public hearing for the property owner to address the amount of compensation to be paid for the property being acquired, or other terms pertaining to the acquisition of the property. Also at the public hearing, City staff and engineering consultants will make a presentation to explain the Project, why the Project is necessary, why the property being acquired is necessary for the Project, and how the approved alignment of the Project will ensure that the Project will be planned and located in the manner that will be most compatible with the most public good and the least private injury. If the City Council determines to acquire the property, they must make findings in the resolution of necessity that all of these elements exist, and additionally, that the City has offered to purchase the property based upon its fair market value. At the conclusion of the hearing, the City Council will consider the adoption of a resolution of necessity for each property to be acquired. Each resolution must be adopted by a 4/5 vote. Although adoption of a resolution of necessity is a necessary step toward the commencement of eminent domain proceedings in court, the adoption of the resolution does not preclude further discussions between the property owner and the City for the negotiated purchase of the property. GEORGE H. EISER, III City Attorney GHE/gmo • Page 2 Project Description The project includes the widening of approximately 1.1 miles of Plaza Boulevard in the eastbound and westbound directions between Highland Avenue. on the west and Euclid Avenue on the east, including a segment under Interstate 805 (I-805). This portion of Plaza Boulevard currently functions as a 4-lane Major Arterial and will be widened to a 6-lane Primary Arterial as part of the project. The purpose of widening portions of Plaza Boulevard is to improve safety and add capacity to reduce existing congestion, decrease traffic delays, and maintain conformance to the Ievel of service (LOS) standards established by the City. Design features such as raised medians, center turn lanes, structural improvements to the I-805 interchange and bridge structure, and pedestrian facility upgrades are intended to improve safety along this corridor, which has higher than average number of traffic accidents within the project limits. On April 16, 2002, after obtaining an authorization from the California Department of Transportation (Caltrans) to begin the Preliminary Engineering (PE) phase, a contract between Professional Engineering Firm and the City of National City was approved and the PE phase began. The PE work included preliminary engineering calculations, Plaza Boulevard alignment study with various proposed alternative maps for widening, and environmental clearance. Five alternative alignments were presented and the most desirable one was selected forthe project. The selected alignment had the minimum impacts to the adjacent properties. The limits of the minimum impact were based on the standard design criterion that was required for the project and its objectives. The City Council was periodically informed during the PE process. On December 20, 2005 as a major part of the final PE work, the City of National City adopted the Mitigated Negative Declaration (MND), and on June 22, 2006 obtained approval of the Finding of No Significant Impact (FONSI) under National Environmental Policy Act (NEPA) requirements from the Federal Highway Administration (FHWA). On August 9, 2006, the City received an authorization notice to proceed with the right of way work. The State has already issued an authorization and allocated federal -aid program funds (88.53% of the total estimated cost) for the design work. On October.25, 2006, the City was notified by the State that the final design and right of way acquisition could start while Caltrans is finalizing the Project Study Report (PSR). The PSR is a document that is required for the 1-805 bridge underpass and its surrounding improvements within the state right of way. With the adoption of the FONSI, receipt of the right of way authorization, and the acceptance of the final PSR, the PE phase is considered to be complete. Currently, the final engineering design and right of way acquisition phase of the project is underway. The project would be ready for construction in 2009. 3 Wfggans Group, Inc. March 25, 2010 George Eiser, City Attorney City of National City 1243 National City Boulevard National City, CA 91950 Subject: Plaza Boulevard Widening Project Offers of Just Compensation Dear George: Our office made initial offers of just compensation to the property owners shown in Attachment 1 for the Plaza Boulevard Widening Project. The offer packages were mailed certified return receipt in February and March 2009. Five of the properties listed in Attachment 1 changed ownership during the course of negotiations, and at that time offers were made to the current owners. If you have any questions regarding these matters, please let us know. Thank you. Sincerely, Jane Wiggans Right of Way Consultant Real Estate & Right of Way Consulting 5256 South Mission Road, Suite 138 • Somali, CA 92003 • Tel: 760.806.1776 • Fax: 760.806.6616 Attachment 1 Plaza Blvd Widening Project APN Owner Site Address 556-590-51 South Bay Plaza, LLC 1130 E. Plaza 556-590-54 1210 E. Plaza 556-590-58 1132 E. Plaza 557-322-10 1240 E. Plaza 556-590-60 South Bay SPE LLC, a California Limited Liability Co. 900 E. Plaza 556-590-61 1019 -1045 Highland Ave 557-250-12 Natcit Holdings Inc. 1539 E. Plaza 557-250-40 G Batchelor Trust 1325 E. Plaza 557-250-43 Plaza Square, LTD 1401 E. Plaza 557-310-26 Tracy Noel Miller Trust 2401 E. Plaza 557-322-09 National Plaza, LLC (former owner Pacific Realty Assoc) 1220 E. Plaza 557-322-11 Alliance Laundry Systems LLC (former owner Centre Dev. LLC) 1302 E. Plaza 557-322-14 & 557-322-15 Pacific Castle Bay Plaza, LLC 1420 &1430 E. Plaza 557-330-09 Jade Group LLC (former owner BP 1540 E. Plaza West Coast) 557-380-50 BDI-IV LLC Plaza BI 557-380-51 Plaza BI 557-410-02 R P & M First Hotel Investors LLC 1640 E. 12th St 557-410-24 1645 E. Plaza 557-410-05 Puedan Family Trust 1736-40 E. Plaza 557-410-11 Aurora Bank / Lehman Brothers (former owner Kafaji) 1615 E. Plaza 557-410-15 Thrifty Oil Co. 1606 E. Plaza 557-410-17 Bruce M. Boogaard & Cynthia K. Boogaard 1735 E. Plaza 557-410-19 Nagraj Inc. 1700 E. Plaza 557-410-27 Thrifty Oil Co. Plaza BI 557-420-30 Todd AI-Bayati & Samiya Abdul Sattar Kaddory Plaza BI 557-420-33 Shriners Hospital for Children / American International Enterprise 1819 E. Plaza 557-420-35 557-420-36 Kalesa Walk Corporation (Home Owners Association) (former owner 1858-1884 E. 12th St Olson -National) 558-091-27 Jamabed L P 2500 E. Plaza To: CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234 Alliance Laundry Systems, LLC Rodney Harvey c/o Vegas Wash 1302 East Plaza Boulevard National City, CA 9.1950-3612 Project: Location: APN: Vesting: Subject: Alliance Laundry. Systems, LLC 9454 Wilshire Boulevard Suite 500 Beverly Hills, CA 90212 Plaza Boulevard Street Widening Project 1302 East Plaza Boulevard, National City, CA 91950 557-322-11 Alliance Laundry Systems, LLC Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) (b) The public interest and necessity require the project. The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City. Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your. concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-43 80. Dated: March 18, 2010 CITY OF NATIONAL CITY err,: Maryam Babaki City Engineer NOTICE OF INTENT - 2 7 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Thrifty Oil Company Orkin, Inc. 13116 Imperial Highway c/o Thrifty Oil Company Santa Fe Springs, CA 90670 13116 Imperial Highway Santa Fe Springs, CA 90670 Project: Plaza Boulevard Street Widening Project Location: East Plaza Boulevard National City, CA 91950 APN: 557-410-15 Vesting: Orkin, Inc. c/o Thrifty Oil Company Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY By: €4 44— Maryam Babaki City Engineer NOTICE OF INTENT - 2 To: N CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) David Wick Property Management 5440 Morehouse Drive Suite 4000 San Diego, CA 92121-6719 Project: Location: APN: Vesting: Subject: Shriners Hospital for Children 2900 Rocky Point Drive Tampa, FL 33607 Attn: Tom Guthrie Plaza Boulevard Street Widening Project 1819 East P1azaBoulevard National City, CA 91950 557-420-33 • Shriners Hospitals for Children, a not -for -profit Colorado Corporation or American International Enterprises, Inc: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. j0 Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY d,! Maryam Babaki City Engineer .ef%Ti�y NOTICE OF INTENT - 2 To: CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) Peggy Shapiro Plaza Square, Ltd Plaza Square, LTD 1401 East Plaza Boulevard 5080 Shoreham Place Suite 202 National City, CA 91950 San Diego, CA 92122-5932 Project: Plaza Boulevard Street Widening Project Location: 1401 East Plaza Boulevard, National City, CA 91950 APN: 557-250-43 Vesting: Plaza Square, LTD Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. rZ Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY Maryam Babaki City Engineer NOTICE OF INTENT - 2 3 To: CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) National Plaza, LLC c/o Tim Sotoodeh 12802 Bonita Heights Drive Santa Ana, CA 92705-6303 National Plaza, LLC 24143 Hillview Road Los Altos, CA 94024 Project: Plaza Boulevard Street Widening Projec Location: 1220 East Plaza Boulevard; National City, CA 91950 APN: 557-322-09 Vesting: National Plaza, LLC, a California Limited Liability Company Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. I Li Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. CITY OF NATIONAL CITY Dated: March 18, 2010 By. ft.cf'41,y-y-7 O ° Maryam Babaki City Engineer NOTICE OF INTENT - 2 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Robert M. Miller, Esq. Law Offices of Robert M. Miller 401 West A Street Suite 1720 San Diego, CA 92101-7936 Project: Plaza Boulevard Street Widening Project Location: 1700 East Plaza Boulevard, National City, CA 91950 APN: 557-410-19 Vesting: Nagraj, Inc., a California Corporation Subject: Acquisition of Street Easement and/or Temporary Construction Easemen California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain maybe exercised to acquire property for a proposed project if the following conditions are established: Nagraj, Inc. 1700 East Plaza Boulevard National City, CA 91950 (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the. City of National City, Engineering Division at (619) 336-4380. CITY OF NATIONAL CITY Dated: March 18, 2010 By Maryam Babaki City Engineer NOTICE. OF INTENT - 2 11 To: Nk�3Wry CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) Pamela A. Carrington Special Assets Officer - REO Department Aurora Bank Commercial Services 27472 Portola Parkway Suite 205 Foothill Ranch, CA 92610-2853 Project: Plaza Boulevard Street Widening Project Location: 1615 East Plaza Boulevard National City, CA 91950 APN: 557-410-11 Vesting: US Bank National Association, as Trustee of Lehman Brothers Small Balance Commercial Mortgage Pass -Through Certificates, 2005-2 Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain maybe exercised to acquire property for a proposed project if the following conditions are established: Lehman Brothers 3659.India Street San Diego, CA 92103 (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on Apri1 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. 16 Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. CITY OF NATIONAL CITY Dated: March 18, 2010 By: fer aryam Babaki City Engineer NOTICE OF INTENT - 2 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Pacific Castle Bay Plaza, LLC 2601 Main Street Suite 900 Irvine, CA 92614 Attn: Ron Astarabadi, President Project: Location: APN: Vesting: Subject: Carina M. Verano, Esq. Rutan & Tucker, LLP 611 Anton Boulevard 14th Floor Costa Mesa, CA 92626 Plaza Boulevard Street Widening Project East Plaza Boulevard National City, CA 91950 557-322-14 and 557-322-15 Pacific Castle Bay Plaza, LLC Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) (b) (c) The public interest and necessity require the project. The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. • The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY By: / 14'-') �- jel. V- dor: Maryam Babaki City Engineer NOTICE OF. INTENT - 2 21 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Dan Belcher Natcit Holdings, Inc. 5482 Wilshire Boulevard Suite 273 Los Angeles, CA 90036-4218 Project: Plaza Boulevard Street Widening Project Location: 1539 East Plaza Boulevard, National City, CA 91950 APNo: 557-250-12 Vesting: Natcity Holdings Inc., a California Corporation Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: Natcity Holdings, LLC 2929 Caminito Bello La Jolla, CA 92037 (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. CITY OF NATIONAL CITY Dated: March 18, 2010 By: Maryam Babaki City Engineer NOTICE OF INTENT - 2 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: South Bay Plaza, LLC 3978 Sorrento Valley Blvd Suite 100 San Diego, CA 92121-1436 Project: Plaza Boulevard Street Widening Project Location: 556-590-51 1130 East Plaza Boulevard, National City, CA 91950 556-590-54 1210 East Plaza Boulevard, National City, CA 91950 556-590-58 1132 East Plaza Boulevard, National 1 City, CA 91950 557-322-10 1240 East Plaza Boulevard, National City, CA 91950 APN: 556-590-51, 556-590-54, 556-590-58, and 557-322-10 Vesting: South Bay Plaza LLC, a California Limited Liability Company Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquiredis necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met conceming your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c); and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY aryam Babaki City Engineer NOTICE OF INTENT - 2 s CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Tracy Noel Miller 799 Laureles Grade Road Carmel Valley, CA 93924-9457 Project: Plaza Boulevard Street Widening Project Location: 2401 East Plaza Boulevard, National City, CA 91950 APNo: 557-310-26 Vesting: Tracy Noel Miller, Trustee of the Aimee Frankhouse Trust Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY ckMaryam Babaki v _ City Engineer NOTICE OF INTENT - 2 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Bruce and Cynthia Boogaard 466 3rd Avenue Suite A Chula Vista, CA 91910-4655 Project: Location: APN: Vesting: Community Subject: Plaza Boulevard Street Widening Project 1735 East Plaza Boulevard, National City, CA .91950 557-410-17 Bruce M Boogaard and Cynthia K Boogaard, Husband and Wife as Property with Right of Survivorship Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City -of -National -City to acquire theprapertyby eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: ' Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY y v- Maryam Babaki City Engineer " NOTICE OF INTENT - 2 To: CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) Artemio and Flora O. Puedan 2124 Alexander Drive Escondido, CA 92025-6408 Project: Plaza Boulevard Street Widening Project Location: 1736-40 East Plaza Blvd, National City, CA 91950 APN: 557-410-05 Vesting: Artemio P. Puedan and Flora O. Puedan, Trustees for The Puedan Family Trust, Dated September 5, 2003 Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established. (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For yourconvenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY B' Maryam Babaki City Engineer NOTICE OF INTENT - 2 3) CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Todd AI-Bayati Samiya Abdul Sattar Kaddory 1917 Corona Vis El Cajon, CA 92019-4262 Project: Plaza Boulevard Street Widening Project Location: NKA Plaza Boulevard, National City APN: 557-420-30 Vesting: Todd AI-Bayati & Samiya Abdul Sattar Kaddory, Husband and Wife as Joint Tenants Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) thatyou feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY Maryam Babaki City Engineer NOTICE OF INTENT - 2 3.3 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Thrifty Oil Company 13116 Imperial Highway Santa Fe Springs, CA 90670 Project: Plaza Boulevard Street Widening Projec. Location: East Plaza Boulevard National City, CA 91950 APN: 557-410-27 Vesting: Thrifty Oil Company Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. 3qf The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. CITY OF NATIONAL CITY Dated: March 18, 2010 B cpct"Ivlaryam Babaki City Engineer NOTICE OF INTENT - 2 35 CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Glenn C. Batchelor 2439 J Avenue National City, CA 91950-7518 Project: Plaza Boulevard Street Widening Project Location: 1325 East Plaza Boulevard, National City, CA 91950 APN: 557-250-40 Vesting: Trustee of The G. Batchelor Trust Dated January 25, 2007 Subject: Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. 3t� Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit `B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. CITY OF NATIONAL CITY Dated: March 18, 2010 B �^! Maryam Babaki City Engineer NOTICE OF INTENT - 2 3.7 To: CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) South Bay SPE, LLC c/o Tina Moucka 1925 Century Park East Suite 2100 Los Angeles, CA 90067 Project: Plaza Boulevard Street Widening Project Location: 556-590-60 900 East Plaza Boulevard, National City, CA 91950 556-590-61 1019 -1045 Highland Avenue, National City, CA 91950 APN: 556-590-60 and 556-590-61 Vesting: South Bay SPE, LLC, a California Limited Liability Company Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record.. Your are hereb.ynotified that the City Council of the City of National City at its meeting to be held on April 6,.2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. 38 Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY 040 Maryam Babaki City Engineer NOTICE OF INTENT - 2 �r1 To: CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) Kalesa Walk Corporation c/o Deborah Cole Vice President Homeowner Relations 3010 Old Ranch Parkway Suite 100 Seal Beach, CA 90740-2750 Project: Plaza Boulevard Street Widening Project Location: 1858-1884 East 12th Street, National City, CA 91950 APN: 557-420-35 and 557-420-36 Vesting: Kalesa Walk Corporation, a California Non -Profit Mutual Benefit Corporation Subject: Acquisition of Street Easement and Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit "B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property. The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY ori;y: Maryam Babaki City Engineer NOTICE OF INTENT 2 11 I CITY OF NATIONAL CITY NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) To: Ron Bamberger BDI — IV, LLC 16909 West Bernardo Drive San Diego, CA 92127-1605 Project: Plaza Boulevard Street Widening Project Location: NKA East Plaza Boulevard, National City, CA 91950 APN: 557-380-50 and 557-380-51 Vesting: BDI — IV, LLC, a California Limited Liability Company Subject: Acquisition of Street Easement and/or Temporary Construction Easement California Code of Civil Procedure Section 1245.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. Your are hereby notified that the City Council of the City of National City at its meeting to be held on April 6, 2010, at 6:00 p.m. at the City Hall City Council Chambers, 1243 National City Boulevard, National City, CA, will meet to decide if the above conditions are met concerning your property and, if the conditions are met, to adopt a Resolution of Necessity. 1a Questions regarding the amount of compensation to be paid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. The adopted Resolution will authorize the City of National City to acquire the property by eminent domain. A description of the required property is attached to this Notice and is marked Exhibit "A and Exhibit `B". The proposed public use is the Plaza Boulevard Street Widening Project. If you file a written request to appear within 15 days from the mailing of this Notice you are entitled to appear and object to the adoption of the Resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. The written request to appear should include a statement of the condition(s) that you feel are pertinent to your property_ The four conditions that may affect your property are set forth above, designated (a), (b), (c), and (d). Be designating which condition forms the basis of your concerns, and why, you will enable the City Council to have a full and expeditious review made of the project's effect on your property. For your convenience, the City Council will consider any written comments you may wish to submit, as long as such written comments are filed within the 15-day period. The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the City of National City will commence eminent domain proceedings in the San Diego Superior Court. In that proceeding, the Court will determine the amount of compensation to which you are entitled. If you have any questions, please call the City of National City, Engineering Division at (619) 336-4380. Dated: March 18, 2010 CITY OF NATIONAL CITY B Maryam Babaki City Engineer NOTICE OF INTENT - 2 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-250-12; 1539 E. PLAZA BLVD; NATCITY HOLDINGS, LLC) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- Resolution No. 2010 — April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor LI ATTACHMENT 1 EXHIBIT "A" PERMANENT ACQUISITION APN 557-250-12 THAT PORTION OF THE SOUTHERLY HALF OF THE SOUTHEASTERLY QUARTER OF 40 ACRE LOT 1 IN QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEROF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 81°30'16" EAST 851.83 FEET FROM A BRASS DISK STAMPED CP7 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 32°47'22" WEST 289.43 FEET TO THE BEGINNING OF A NON - TANGENT 30.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 38°57'21" EAST, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF LAND PER DEED RECORDED AUGUST 11, 2000 AS DOCUMENT NO. 2000-0428162 OF OFFICIAL RECORDS, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID SOUTHERLY LINE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°49'47" A DISTANCE OF 22.43 FEET TO THE BEGINNING OF A TANGENT 540.00- FOOT RADIUS REVERSE CURVE; 2. THENCE CONTINUING ALONG SAID SOUTHERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9°10'47" A DISTANCE OF 86.52 FEET; 3. THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 84°41'39" WEST (SOUTH 83°50' WEST PER DEED) 26.75 FEET TO THE SOUTHWEST CORNER OF LAND PER SAID DEED; 4. THENCE ALONG THE WESTERLY LINE OF SAID LAND PER DEED NORTH 17°48'57" WEST 3.94 FEET; 5. THENCE LEAVING SAID WESTERLY LINE NORTH 82°30'06" EAST 4.06 FEET TO THE BEGINNING OF A TANGENT 544.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY; 6. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°11'57" A DISTANCE OF 115.93 FEET TO THE BEGINNING OF A TANGENT 28.75-FOOT RADIUS REVERSE CURVE; 7. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°45'38" A DISTANCE OF 15.94 FEET TO THE TRUE POINT OF BEGINNING. Page 1 of 2 '17 AREA = 0.012 ACRES, MORE OR LESS. MICKEY B. AG EXP. 3-31-10 Page 2 of 2 Li3 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-250-12 THAT PORTION OF THE SOUTHERLY HALF OF THE SOUTHEASTERLY QUARTER OF 40 ACRE LOT 1 IN QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEROF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 81°30'16" EAST 851.83 FEET FROM A BRASS DISK STAMPED CP7 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 32°47'22' WEST 289.43 FEET TO THE BEGINNING OF A NON - TANGENT 28.75-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 27°03'35" EAST, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF LAND PER DEED RECORDED AUGUST 11, 2000 AS DOCUMENT NO. 2000-042E1162 OF OFFICIAL RECORDS, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID SOUTHERLY LINE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°45'38" A DISTANCE OF 15.94 FEET TO THE BEGINNING OF A TANGENT 544.50- FOOT RADIUS REVERSE CURVE; 2. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°11'57" A DISTANCE OF 115.93 FEET; 3. THENCE SOUTH 82°30'06" WEST 4.06 FEET TO THE WESTERLY LINE OF LAND PER SAID DEED; 4. THENCE ALONG SAID WESTERLY LINE NORTH 17°48'57" WEST (NORTH 18°48'37" WEST PER SAID DEED) 23.57 FEET; 5. THENCE LEAVING SAID WESTERLY LINE NORTH 76°16'51" EAST 73.82 FEET; 6. THENCE SOUTH 13°43'09" EAST 25.51 FEET TO THE BEGINNING OF A NON -TANGENT 554.50-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 00°28'04" WEST; 7. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°40'05° A DISTANCE OF 45.18 FEET TO THE BEGINNING OF A TANGENT 20.00-FOOT RADIUS REVERSE CURVE; 8. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 110°22'23" A DISTANCE OF 38.53 FEET; 9. THENCE NORTH 16°10'22" WEST 7.97 FEET; 10. THENCE NORTH 73°49'38" EAST 7.75 FEET TO THE EASTERLY LINE OF LAND PER SAID DEED, SAID LINE ALSO BEING THE WESTERLY LINE OF PALM AVENUE; Page 1 of 2 11. THENCE ALONG SAID EASTERLY LINE SOUTH 17°47'20" EAST 10.63 FEET TO THE BEGINNING OF A TANGENT 30.00-FOOT RADIUS CURVE CONCAVE WESTERLY; 12. THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 68°49'59" A DISTANCE OF 36.04 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.072 ACRES, MORE OR LESS. / 5 Zz-o9 MICKEY B. A UIY�' E RCE 27648 Page 2 of 2 J 0 PM 3114 PAR, D -26.75' CP7 A. , S 84'41'39" W EXHIBIT " TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH CI 42'49'47" 30.00' 22.43' C2 910'47" 540.00' 86.52' C3 1211'57" 544.50' 115.93' C4 31'45'38" 28.75' 15.94' C5 4'40'05" 554.50' 45.18' C6 110'22'23" 20.00' 38.53' C7 68'49'59" 30.00' 36.04' C2 LEGEND - PLAZA BL S 8130'•is. T.P.O.B. P.O.B. A PERMANENT ACQUISITION AREA = 0.012 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.072 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 VD. 851.83' - - -0 0 s�\y >'' T.P.O.B. �\1� �p�r PERM. ACQ.� AND TCE �'45-> F\ \ P.O.B. CP5 REVISED BY: DATE: DRAWN BY: KA DATE: 4-30-08 NATIONAL CITY 1"=30' CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-250-12 NATCIT HOLDINGS, INC. DOC. NO. DWG. NO. 51 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-410-11; 1615 E. PLAZA BLVD; US. BANK NA, AS TRUSTEE OF LEHMAN BROTHERS) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- Resolution No. 2010 — April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 53 ATTACHMENT 1 EXHIBIT "A" PERMANENT ACQUISITION APN 557-410-11 THAT PORTION OF THE EASTERLY 210.00 FEET OF THE WESTERLY 240.00 FEET OF THE NORTHERLY HALF OF THE WESTERLY HALF OF THE SOUTHWESTERLY QUARTER OF QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP6 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 17°35'27" WEST 285.74 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 21°17'05" EAST 53.60 FEET TO THE NORTHWEST CORNER OF LAND PER DEED RECORDED SEPTEMBER 6, 2000 AS DOCUMENT NO. 2000- 0478204 OF OFFICIAL RECORDS, SAID POINT BEING AT THE INTERSECTION OF THE EASTERLY LINE OF PALM AVENUE WITH THE SOUTHERLY LINE OF 12TH AVENUE, THENCE ALONG THE WESTERLY LINE OF SAID LAND AND THE EASTERLY LINE OF•PALM AVENUE, SOUTH 17°47'20" EAST 5.65 FEET TO THE SOUTHWESTERLY CORNER OF LAND PER SAID DEED, SAID POINT BEING AT THE INTERSECTION OF SAID EASTERLY LINE OF PALM AVENUE WITH THE NORTHERLY LINE OF PLAZA BOULEVARD; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND SOUTH 74°45'11" EAST 18.90 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING THE SOUTHERLY LINE OF LAND PER SAID DEED NORTH 15°00'18" EAST 3.58 FEET; 2. THENCE SOUTH 74°59'42" EAST 15.00 FEET; 3. THENCE SOUTH 15°00'18" WEST 3.64 FEET TO A POINT ON THE SOUTHERLY LINE OF LAND PER SAID DEED; 4. THENCE ALONG SAID SOUTHERLY LINE NORTH 74°45'11" WEST 15.00 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.001 ACRES, MORE OR LESS. ,u44 5-n-O MICKEY B. AG /JII E RCE 27648 EXP. 3-31-10 5- (0 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-11 THAT PORTION OF THE EASTERLY 210.00 FEET OF THE WESTERLY 240.00 FEET OF THE NORTHERLY HALF OF THE WESTERLY HALF OF THE SOUTHWESTERLY QUARTER OF QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP6 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 17°35'27" WEST 285.74 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 21°17'05" EAST 53.60 FEET TO THE NORTHWEST CORNER OF LAND PER DEED RECORDED SEPTEMBER 6, 2000 AS DOCUMENT NO. 2000- 0478204 OF OFFICIAL RECORDS, SAID POINT BEING AT THE INTERSECTION OF THE EASTERLY LINE OF PALM AVENUE WITH THE SOUTHERLY LINE OF 12TH AVENUE, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG THE NORTHERLY LINE OF LAND PER SAID DEED, AND SAID SOUTHERLY LINE OF 12TH AVENUE, NORTH 72°03'18" EAST 16.08 FEET; 2. THENCE LEAVING SAID NORTHERLY LINE SOUTH 74°59'42" EAST 33.46 FEET; 3. THENCE NORTH 86°55'28" EAST 32.22 FEET; 4. THENCE SOUTH 74°59'42" EAST 108.79 FEET; 5. THENCE SOUTH 17°42'57" EAST 25.39 FEET; 6. THENCE SOUTH 74°59'42" EAST 51.39 FEET TO THE EASTERLY LINE OF LAND PER SAID DEED; 7. THENCE ALONG SAID EASTERLY LINE SOUTH 17°47'20" EAST 3.80 FEET TO THE SOUTHEAST CORNER OF SAID LAND, SAID POINT BEING ON THE NORTHERLY LINE OF PLAZA BOULEVARD; 8. THENCE ALONG THE SOUTHERLY LINE OF LAND PER SAID DEED NORTH 74°45'11" WEST 216.60 FEET; 9. THENCE LEAVING SAID SOUTHERLY LINE NORTH 15°00'18" EAST 3.64 FEET; 10. THENCE NORTH 74°59'42" WEST 15.00 FEET; 11. THENCE SOUTH 15°00'18" WEST 3.58 FEET TO A POINT ON THE SOUTHERLY LINE OF LAND PER SAID DEED; 12. THENCE ALONG SAID SOUTHERLY LINE NORTH 74°45'11" WEST 18.90 FEET TO THE SOUTHWEST CORNER OF SAID LAND, SAID POINT BEING THE INTERSECTION OF SAID NORTHERLY LINE OF PLAZA BOULEVARD WITH SAID EASTERLY LINE OF PALM AVENUE; 13. THENCE ALONG THE WESTERLY LINE OF LAND PER SAID DEED NORTH 17°47'20" WEST 5.65 FEET TO THE TRUE POINT OF BEGINNING. Page 1 of 2 57 AREA = 0.093 ACRES, MORE OR LESS. RE RCE 27648 Page 2 of 2 58 TABULATED LINE DATA LINE BEARING LENGTH L1 N 15.00'18* E 3.58' L2 S 74'59'42" E 15.00' L3 S 15'00'18" W 3.64' EXHIBIT "B" C S�1�� rn n� IFIPNk P �( 144) 1 `PP PP R 1• 1 (IR 1NC E - NJ'LY 1/2 OF `WIY 1/2, 5 'A2 / �4 g Of B'i1'LY 114 OF 865528" E 33 % 3222' LAND PER DD1-- r)- r) r r t /--��--jT rl J r� ri ri r G, 1 `57-410-11 RHOJ Dr � 11 NACJON S 74�g• f r)1 � ! (' 10g rI 3 •7.4p'S7. f 25 39• 1500. N 74. T.P.O.B. W PERM. ACQ. \ \ LEGEND T.P.O.B. P.O.B. CP 5 DD1 SDGN j'2&T OR• RtC" PG 22 '2-46 216 PLAZA 8L PERMANENT ACQUISITION AREA = 0.001 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.093 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DEED REC. 9/6/00 AS DOC. NO. 2000-0478204 O.R. REVISED BY: DRAWN BY: KA DATE DATE: 5-21-08 NA IIONAL CITY \ SCALE 1. = 40. CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-11 RIYADH K. KAFAJI AND RANA K. ISAQI DOC. NO. DWC. N0. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-322-14; E. PLAZA BLVD; PACIFIC CASTLE BAY PLAZA, LLC) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, whichis attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- (P 0 Resolution No. 2010 — April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EXHIBIT "A" PERMANENT ACQUISITION APN 557-322-14 THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 13874, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 23, 1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 79°01'58" WEST 770.20 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 86°56'25" EAST 221.84 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD AND THE BEGINNING OF A NON -TANGENT 1039.64-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 00°19'49" EAST;SAID POINT BEING THE TRUE POINT OF BEGINNING; 1.. THENCE EASTERLY ALONG SAID NORTHERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°00'05" A DISTANCE OF 90.75 FEET; 2. THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 84°40'06" EAST 71.71 FEET; 3. THENCE LEAVING SAID NORTHERLY LINE SOUTH 82°30'04" WEST 14.55 FEET, TO THE BEGINNING OF A TANGENT 1083.17-FOOT RADIUS CURVE CONCAVE NORTHERLY; 4. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7°49'42' A DISTANCE OF 147.99 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.003 ACRES, MORE OR LESS. MIC E A E RC(27648 5- 77-et EXP. 3-31-10 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-322-14 THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 13874, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 23, 1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 79°01'58" WEST 770.20 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 86°56'25" EAST 221.84 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD AND THE BEGINNING OF A NON -TANGENT 1083.17-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 00°19'46" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7°49'42" A DISTANCE OF 147.99 FEET; 2. THENCE NORTH 82°30'04" EAST 14.55 FEET TO A POINT ON SAID NORTHERLY LINE BEING SAID SOUTHERLY LINE OF PLAZA BOULEVARD; 3_ THENCE ALONG SAID NORTHERLY LINE NORTH 84°40'06" EAST 10.15 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1; 4. THENCE LEAVING SAID SOUTHERLY LINE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 1 SOUTH 72°04'4T WEST 51.46 FEET TO THE BEGINNING OF A NON -TANGENT 1093.16-FOOT RADIUS CURVE CONCAVE NORTHERLY; 5. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°18'29" A DISTANCE OF 196.67 FEET; 6. THENCE NORTH 17°20'06" WEST 2.32 FEET; , 7. THENCE SOUTH 70°59'40" WEST 5.46 FEET TO THE BEGINNING OF A NON - TANGENT 1093.16-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 4°28'32" WEST; 8. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°46'56" A DISTANCE OF 14.92 FEET; 9. THENCE NORTH 19'39'21" WEST 2.26 FEET; 10. THENCE SOUTH 72°48'56° WEST 5.33 FEET TO THE BEGINNING OF A NON - TANGENT 1093.16-FOOT CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 5°33'56" WEST; 11. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1°12'31" A DISTANCE OF 23.06 FEET; 12. THENCE NORTH 64°22'12" WEST 22.77 FEET 13. THENCE SOUTH 73°31'31" WEST 51.34 FEET; 14. THENCE NORTH 79°14'13" WEST 36.38 FEET; Page 1 of 2 &3 15. THENCE NORTH 10°45'47" EAST 10.17 FEET TO THE BEGINNING OF A TANGENT 9.50-FOOT RADIUS CURVE CONCAVE WESTERLY; 16. THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31 °17'38" A DISTANCE OF 5.19 FEET; 17. THENCE NORTH 78°46'27" WEST 47.66 FEET TO THE BEGINNING OF A TANGENT 15.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; 18. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°59'24" A DISTANCE OF 23.56 FEET; 19. THENCE SOUTH 11°14'09" WEST 4.97 FEET; 20. THENCE NORTH 78°45'51" WEST 14.73 FEET TO THE WESTERLY LINE OF SAID PARCEL 1; 21. THENCE ALONG SAID WESTERLY LINE NORTH 11°12'53" EAST 6.66 FEET TO THE BEGINNING OF A TANGENT 29.50-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; 22. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 47°44'56" A DISTANCE OF 24.58 FEET TO A POINT ON SAID NORTHERLY LINE OF PARCEL 1, SAID POINT ALSO BEING ON SAID SOUTHERLY LINE OF PLAZA BOULEVARD; 23. THENCE ALONG SAID NORTHERLY LINE SOUTH 78°47'07" EAST 84.96 FEET TO THE BEGINNING OF A TANGENT 1039.64-FOOT RADIUS CURVE CONCAVE NORTHERLY; 24. THENCE CONTINUING ALONG SAID NORTHERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°32'42" A DISTANCE OF 209.49 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.117 ACRES, MORE OR LESS. • M(CKEY B. A lye'' E RCE 27648 EXP. 3-31-10 3.7-Z7 DLf Page 2 of 2 CIVIL OF CM.* h'4 f) r PAJ H. PAR, 7 PAR, 6 Phil V13B74 EXHIBIT "B" PM1`13874 PAR, 1 ACCESS AND UTILITY EASEMENT REC. 4/5/85 AS FILE NO. 85-117680 O.R. PM 13874 PAR, 2 LEGEND I T.P.O.B. P.O.B. REVISED BY: DRAWN BY: KA CHECKED BY: MA APPROVED BY: PM 13874 PAR, -1 557-322-14 ROS NOTE: SEE SHEET 2 FOR TABULATED LINE AND CURVE DATA. SEE DETAIL "A" -' SHEET 2 PERMANENT ACQUISITION AREA = 0.003 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.117 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DATE: DATE: 5-21-08 DATE: 5-27-08 DATE: FEE AND TCE 72 NATIONAL CITY SHEET 1 OF 2 SHEETS 1" = 80' PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-322-14 PACIFIC CASTLE BAY PLAZA, LLC Co 5 DOC. NO. DWG. NO. • PM 13.874 PAR 557-322-14 .OS 772 LEGEND in a rn / oO,g h S _--------T.P.O.B. FEE AND TCE DETAIL "A" NOT TO SCALE PERMANENT ACQUISITION AREA = 0.003 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.117 ACRES T.P.O.B. TRUE POINT OF BEGINNING P.O.B. POINT OF BEGINNING CONTROL POINT PER ROS 17515 by 2 / 0�3 S / * TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 5'00'05" 1039.64' 90.75' C2 7'49'42" 1083.17' 147.99' C3 1018'29" 1093.16' 196.67' C4 0'46'56" 1093.16' t4.92' C5 112'31" 1093.16' 23.06' C6 3117'38" 9.50' 5.19' C7 89'59'24" 15.00' 23.56' C8 47'44'56" 29.50' 24.58' C9 11'32'42" 1039.64' 209.49' Ais TABULATED UNE DATA LINE BEARING LENGTH L1 S 82'30'04" W 14.55' L2 S 73'31'31" W 51.34' L3 N 7914'13" W 36.38' L4 N 10'45'47" E 10.17' L5 N 76'46'27" W 47.66' L6 S 1114'09" W 4.97' L7 N 78'45'51" W 14.73' L8 N 1112'53" E 6.66' L9 S 78'47'07" E 84.96' gti1�� VA DETAIL "B" NOT TO SCALE 2 moo. O�' SHEET 2 OF 2 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 5-21-08 NATIONAL CITY NOT TO SCALE CHECKED BY: MA DATE: 5-27-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-322-14 PACIFIC CASTLE BAY PLAZA, LLC DOC. NO. DWG. NO. (o! ATTACHMENT 1 (Q7 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-410-19; 1700 E. PLAZA BLVD; NAGRAJ, INC.) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attomey is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. - Signature Page to Follow -- Resolution No. 2010 — April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT 1 EXHIBIT "A" PERMANENT ACQUISITION APN 557-410-19 THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF OF 80.00 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 17°35'27" EAST 285.74 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 89°04'36" EAST 383.63 FEET TO A POINT IN THE WESTERLY LINE OF LAND PER DEED RECORDED MARCH 13, 1998 AS DOCUMENT NO. 1998- 0138180 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID WESTERLY LINE NORTH 17°41'47" WEST 7.45 FEET TO THE NORTHWEST CORNER OF SAID LAND AND THE BEGINNING OF A NON -TANGENT 540.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 12°05'11" WEST, SAID POINT BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD; 2. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°03'56" A DISTANCE OF 151.41 FEET TO THE NORTHEAST CORNER OF SAID LAND, A RADIAL LINE TO SAID POINT BEARS SOUTH 3°58'45" EAST (SOUTH 4°24'17" EAST PER SAID DEED) 3. THENCE LEAVING SAID NORTHERLY LINE ALONG THE EASTERLY LINE OF LAND PER SAID DEED SOUTH 17°41'47" EAST 2.61 FEET TO THE BEGINNING OF A NON -TANGENT 612.20-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 4°40'21' EAST; 4. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°59'51" A DISTANCE OF 149.56 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.014 ACRES, MORE OR LESS. MICKEY EXP. 3-31-10 71 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-19 THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF OF 80.00 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 17°35'27" EAST 285.74 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 89°04'36" EAST 383.63 FEET TO A POINT IN THE WESTERLY LINE OF LAND PER DEED RECORDED MARCH 13, 1998 AS DOCUMENT NO. 1998- 0138180 OF OFFICIAL RECORDS AND THE BEGINNING OF A NON -TANGENT 612.20-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 9°19'30" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID WESTERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°59'51" A DISTANCE OF 149.56 FEET TO A POINT ON THE EASTERLY LINE OF LAND PER SAID DEED; 2. THENCE ALONG SAID EASTERLY LINE SOUTH 17°41'47" EAST (SOUTH 18°13'32" EAST PER SAID DEED) 10.26 FEET TO THE BEGINNING OF A NON -TANGENT 622.20-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 4°53'08" EAST; 3. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°30'27" A DISTANCE OF 38.09 FEET; 4. THENCE SOUTH 0°49'41" WEST 4.00 FEET TO THE BEGINNING OF A NON - TANGENT 626.20-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 1°21'50" EAST; 5. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°25'08" A DISTANCE OF 48.30 FEET; 6. THENCE NORTH 9°40'39" EAST 4.03 FEET TO THE BEGINNING OF A NON - TANGENT 622.20-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 3°00'44" WEST; 7. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°50'39" A DISTANCE OF 63.46 FEET TO A POINT ON THE WESTERLY LINE OF LAND PER SAID DEED; 8. THENCE ALONG SAID WESTERLY LINE NORTH 17'41'47" WEST 11.20 FEET TO THE TRUE POINT OF BEGINNING. Page 1 of 2 AREA = 0.039 ACRES, MORE OR LESS. MICKEY B. AG EXP. 3-31-10 Page 2 of 2 7_3 CP6 % I r r Q /3 /3 tJ �� '0 1! CP5 N 89'04'36" T.P.O.B. PERM. ACC). f, y AND TCE N o_Q • EXHIBIT TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 16'03'56" 540.00' 151.41' C2 13'59'51" 612.20' 149.56' 38.09' C3 330'27" 622.20' C4 4'25'08" 626.20' 48.30' C5 5'50'39" 622.20' 63.46' LEGEND T.P.O.B. P.O.B. 0 PERMANENT ACQUISITION AREA = 0.014 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.039 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 PLAZA BLVD. 04'40'21" E (R) al o rn s � m} LAND PER DEED REC. 3/13/98 AS DOC. NO. 1998-0138180 O.R. 557-410-19 PDR, NW 1/4 OF W 1/2 OF Bp ACRE LOT 2 IN QUARTER SEC, 120 OF RHO, DE: LA NACION MAP NO. 166 REVISED BY: DATE: DRAWN BY: KA DATE: 4-16-08 NATIONAL CITY SCALE 1 " = 40. CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-19 NAGRAJ INC. DOC. NO. DWG. NO. 7q RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-322-09; 1220 E. PLAZA BLVD; NATIONAL PLAZA, LLC) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- Resolution No. 2010 — April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 7 ATTACHMENT 1 77 EXHIBIT "A" PERMANENT ACQUISITION APN 557-322-09 THAT PORTION OF PARCEL 5 OF PARCEL MAP 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A DIVISION OF PORTIONS OF 40.00 ACRE LOTS 1 AND 2 AND 20.00 ACRE LOTS 2 AND 3 OF QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP8 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 68°00'04" WEST 793.37 FEET FROM A BRASS DISK STAMPED CP7 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 49°12'50" EAST 295.84 FEET TO A POINT IN THE NORTHERLY LINE OF SAID PARCEL 5, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD, AND THE BEGINNING OF A NON -TANGENT 15.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 3°01'51" EAST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°15'24" A DISTANCE OF 3.73 FEET; 2. THENCE NORTH 78°46'27" WEST 46.27 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 5; 3. THENCE ALONG SAID WESTERLY LINE NORTH 11°12'53" EAST 0.44 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 5; 4. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 5 SOUTH 78°47'07" EAST 49.32 FEET TO THE BEGINNING OF A TANGENT 15.31- FOOT RADIUS CURVE CONCAVE NORTHERLY; 5. THENCE CONTINUING ALONG SAID NORTHERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2°24'07" A DISTANCE OF 0.64 FEET TO THE TRUE POINT OF BEGINNING. AREA = 22 SQUARE FEET, MORE OR LESS. MIC Y B. AG EXP. 3-31-10 76 EXHIBIT "A" WESTERLY TEMPORARY CONSTRUCTION EASEMENT APN 557-322-09 THAT PORTION OF PARCEL 5 OF PARCEL MAP 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A DIVISION OF PORTIONS OF 40.00 ACRE LOTS 1 AND 2 AND 20.00 ACRE LOTS 2 AND 3 OF QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP8 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 68°00'04" WEST 793.37 FEET FROM A BRASS DISK STAMPED CP7 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 49°12'50" EAST 295.84 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 5, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD, AND THE BEGINNING OF A NON -TANGENT 15.31-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 8°48'46" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE EASTERLY ALONG SAID NORTHERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°35'53" A DISTANCE OF 11.38 FEET TO THE BEGINNING OF A TANGENT 12.00-FOOT RADIUS REVERSE CURVE; 2. THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°00'00" A DISTANCE OF 9.42 FEET; 3. THENCE SOUTH 78°47'07" EAST 190.69 FEET TO THE NORTHERLY CORNER OF SAID PARCEL 5 THAT IS COMMON TO SAID PARCEL 5 AND PARCEL 6 OF SAID PARCEL MAP 12079; 4. THENCE ALONG A LINE COMMON TO SAID PARCELS 5 AND 6 SOUTH 11°12'53" WEST 8.49 FEET; 5. THENCE LEAVING SAID COMMON LINE NORTH 78°46'27" WEST 190.69 FEET TO THE BEGINNING OF A TANGENT 5.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY; 6. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48°11'23" A DISTANCE OF 4.21 FEET TO THE BEGINNING OF A TANGENT 25.00-FOOT RADIUS REVERSE CURVE; 7. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48°11'23" A DISTANCE OF 21.03 FEET; 8. THENCE NORTH 78°46'27" WEST 46.27 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 5; 9. THENCE ALONG SAID WESTERLY LINE NORTH 11°12'53" EAST 10.00 FEET; Page 1 of 2 10. THENCE LEAVING SAID WESTERLY LINE SOUTH 78°46'27" EAST 46.27 FEET TO THE BEGINNING OF A TANGENT 15.00-FOOT RADIUS CURVE CONCAVE NORTHERLY; 11. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°15'24" A DISTANCE OF 3.73 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.053 ACRES, MORE OR LESS. MICY B. AG IR;.i RCE 27648 EXP. 3-31-10 Page 2 of 2 80 EXHIBIT "A" EASTERLY TEMPORARY CONSTRUCTION EASEMENT APN 557-322-09 THAT PORTION OF PARCEL 5 OF PARCEL MAP 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A DIVISION OF PORTIONS OF 40.00 ACRE LOTS 1 AND 2 AND 20.00 ACRE LOTS 2 AND 3 OF QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 68°00'04" EAST 793.37 FEET FROM A BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 85°57'09" WEST 85.04 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 5 AND THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID EASTERLY LINE NORTH 78°45'51" WEST 29.52 FEET TO A POINT ON THE COMMON LINE BETWEEN PARCELS 5 AND 7 OF SAID PARCEL MAP 12079; 2. THENCE ALONG SAID COMMON LINE NORTH 11°12'53" EAST 28.48 FEET TO THE MOST NORTHERLY COMMON CORNER TO SAID PARCELS 5 AND 7, SAID POINT BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD; 3. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 5 SOUTH 78°47'07" EAST 39.19. FEET TO THE NORTHEAST CORNER OF SAID PARCEL 5 AND THE BEGINNING OF A NON -TANGENT 29.50-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 31°02'11" WEST; 4. THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF SAID PARCEL 5 AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 47°44'56* A DISTANCE OF 24.58 FEET; 5. THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 11°12'53" WEST 6.66 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.021 ACRES, MORE OR LESS. MICICEY B. AGIJIRJkE RCE 27648 EXP. 3-31-10 8( PAR, 3 LEGEND T.P.O.B, P.O.B. REVISED BY: EXHIBIT "B" Pr), r) SEE DETAIL "A" SHEET 2 PM 12070 PAR, 4 DRAINAGE EASEMENT REC. 3/20/84 AS AS DOC. NO. 84-100818 O.R. r PAR, 5 PM 557-322-09 NOTE A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. POR, Lc r 3 1/4 132 \ MAP 166 PERMANENT ACQUISITION AREA = 22 SQUARE FEET WLY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.053 ACRES E'LY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.021 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DATE: DRAWN 8Y: KA DATE:10-20-09 CHECKED BY: MA DATE:10-20-09 APPROVED BY: DATE: NOTE: SEE SHEET 2 FOR TABULATED CURVE DATA. NATIONAL CITY DETAIL "B" SHEET 2 CP7 (1' P.0.B W E'LY TCE PAR, 1 PM 13874 No. 2 EXP. 31 10 PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-322-09 NATIONAL PLAZA LLC SHEET 1 OF 2 SHEETS 1"=150' DWG. NO. _ PLAZA SL VD. \ ``•r �� N 7g•46'2+++r+++++\ Ct /� 12 079 N 76 46'27" I 46.27' \\ sA9 IM VY � 9.,32' \ owl 46.2T Mill +�'�+rrf \ f C3 TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 1415'24" 15.00' 3.73' C2 2'24'07" 15.31' 0.64' C3 42'35'53" 15.31' 11.38' C4 45'00'00" 12.00' 9.42' C5 4811'23" 5.00' 4.21' C6 4811'23" 25.00' 21.03' C7 47'44'56" 29.50' 24.58' LEGEND T.P.O.B. P.O.B. .Fr'1Ir'1, 5 557-322-09 DETAIL "A" NOT TO SCALE PERMANENT ACQUISITION AREA = 22 SQUARE FEET WLY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.053 ACRES E'LY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.021 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DRAINAGE AS pOC 20/84 gSENT 84_100818 0 PAR, I PM r- N R. T.P.O.B. PERM. ACQ. S 78 47'07" AND WLY TCE �/ CA /490.69 S 3'01'51" E R) 15.00' R. \2 \ 4k. 7847'07"39E\ .19' \- tC� B46 9 W N 7 29.52,` 8 45 " 1200797- W PAri, 5 557-322-09 DETAIL "B" NOT TO SCALE PM 13874 PAR 1 S 1112'S3w >6.66• W �-- 85.04' -�Ir— S 68'57'09" W T.P.O.B. E'LY TCE SHEET 2 OF 2 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 10-20-09 NATIONAL CITY NO SCALE CHECKED BY: MA DATE:10-20-09 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-322-09 NATIONAL PLAZA LLC DOC. NO. DWG. NO. PAR, J PM LEGEND 1 T.P.O.B. P.O.B. A REVISED BY: DRAWN BY: KA CHECKED BY: MA APPROVED BY: EXHIBIT " B » NOTE: SERVSHEET 2 E DATA. FOR TABULATED CU PAR, 8 SEE DETAIL "A" SHEET 2 12079 DRAINAGE EASEMENT REC. 3/20/84 AS AS DOC. NO. 84-100818 O.R. PAR, 5 pm 557-322-09 NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. -0 FOR. LOT .y 1/4 SEC, 132 MAP 186 PERMANENT ACQUISITION AREA = 22 SQUARE FEET NWLY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.053 ACRES E'LY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.021 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DATE: DATE: 5-19-08 DATE: 6-12-08 DATE: DE ETAIL "B" SHEET 2 CP7 P.O.B. E'LY TCE 13874 f rrr-i, 4 PM 13874 PAR, 3 PAR, 2 NA11OIAL CITY PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-322-09 PACIFIC REALTY ASSOCIATES, LP. SHEET 1 OF 2 SHEETS NO SCALE DOC. NO. DWG. NO. 8,1 PLAZA `�s�� 3r i ��+8~7 07" F 7846'2....... 49.32, of �I N 11172 5�j/ '4G 27 • ..'��. .�\L'f 1,079 N 7846'27.. W /ITor 46.27' TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 1415'24" 15.00' 3.73' C2 2'24'07" 15.31' 0.64' C3 42'35'53" 15.31' 11.38' C4 45'00'00" 12.00' 9.42' C5 4811'23" 5.00' 4.21' C6 4811'23" 25.00' 21.03' C7 47'44'56" 29.50' 24.58' LEGEND T.P.O.B. P.O.B. A PAR, J 557-322-09 DETAIL "A" NOT TO SCALE DRAINACC E A5C 3 NO qS /84 AP" Doc. 84-1 00818 0•R. PERMANENT ACQUISITION PAR, 7 AREA = 22 SQUARE FEET W'LY TEMPORARY CONSTRUCTION PM EASEMENT (TCE) AREA = 0.053 ACRES E'LY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.021 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 T.P.O.B. PERM. ACQ. S 7847'07" AND VtLY TCE Ch C3 S 3'01'51" E (R) 15.00' R. 2 N78'47'0\ 7" E\ 39.J9'\ ;,N `", c'; PM 13874 N 7 90 4- 4677" W A1 N 7845'51" 12f 79/ ko - PAr. v 557-322-09 DETAIL "B" NOT TO SCALE f rAr. 1 }8 611'J2'S3" 6' 85.04' -'Ir- 5 88'57'09" W T.P.O.B. E'LY TCE SHEET 2 OF 2 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 5-19-08 NATIONAL CITY NO SCALE CHECKED BY: MA APPROVED BY: DATE: 6-12-08 DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-322-09 PACIFIC REALTY ASSOCIATES, L.P. DOC. NO. DWG. NO. 8J RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-250-43; 1401 E. PLAZA BLVD; PLAZA SQUARE LTD) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- Resolution No. 2010 — April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 67 ATTACHMENT 1 EXHIBIT "A" PERMANENT ACQUISITION APN 557-250-43 THAT PORTION OF PARCEL "C" IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN AT PAGE 3114 OF PARCEL MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 15, 1974, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 79°01'58" WEST 770.20 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 48°10'29" EAST 131.15 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL "C", SAID POINT ALSO BEING ON THE NORTHERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID SOUTHERLY LINE NORTH 7°06'59" EAST 4.24 FEET; 2. THENCE SOUTH 82°54'53" EAST 15.00 FEET; 3. THENCE SOUTH 6°09'22" WEST 4.13 FEET TO A POINT ON SAID SOUTHERLY LINE AND THE BEGINNING OF A NON -TANGENT 947.64-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 6°12'55" WEST; 4. THENCE WESTERLY ALONG SAID SOUTHERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°54'40" A DISTANCE OF 15.07 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.001 ACRES, MORE OR LESS. MICKEY B. AGO RCE 27648 EXP. 3-31-10 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-250-43 THOSE PORTIONS OF PARCEL "B" AND PARCEL "C" IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN AT PAGE 3114 OF PARCEL MAPS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 15, 1974, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 79°01'58" WEST 770.20 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 48°10'29" EAST 131.15 FEET TO THE BEGINNING OF A NON - TANGENT 947.64-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 7°07'35" WEST, SAID POINT BEING ON THE SOUTHERLY LINE OF SAID PARCEL "C" AND ON THE NORTHERLY LINE OF PLAZA BOULEVARD, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE WESTERLY ALONG SAID SOUTHERLY LINE AND CONTINUING ALONG THE SOUTHERLY LINE OF SAID PARCEL "B", ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°05'58" A DISTANCE OF 67.80 FEET; 2. THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF PARCEL "B" NORTH 78°46'27" WEST 73.71 FEET TO THE SOUTHEAST CORNER OF AN EASEMENT FOR STREET PURPOSES RECORDED JUNE 20, 1977 AT FILE/PAGE NO.77-243161 OF OFFICIAL RECORDS, SAID POINT BEING THE BEGINNING OF A TANGENT 20.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 3. THENCE WESTERLY ALONG THE EASTERLY LINE OF SAID EASEMENT AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'36" A DISTANCE OF 31.42 FEET; 4. THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 11°14'09" EAST 30.49 FEET; 5. THENCE LEAVING SAID EASTERLY LINE SOUTH 78°45'51" EAST 5.80 FEET; 6. THENCE SOUTH 11°14'16" WEST 25.99 FEET TO THE BEGINNING OF A TANGENT 15.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 7. THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'43" A DISTANCE OF 23.57 FEET; 8. THENCE SOUTH 78°46'27" EAST 74.15 FEET TO THE BEGINNING OF A TANGENT 1015.56-FOOT RADIUS CURVE CONCAVE NORTHERLY; 9. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°49'15" A DISTANCE OF 14.55 FEET; 10. THENCE NORTH 6°37'33" EAST 16.09 FEET; 11. THENCE SOUTH 83°22'27" EAST 52.37 FEET; 12. THENCE SOUTH 6°37'33" WEST 13.19 FEET; 13. THENCE SOUTH 82°54'53" EAST 23.80 FEET; 14. THENCE SOUTH 6°09'22" WEST 4.88 FEET TO THE BEGINNING OF A NON - TANGENT 1015.56-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 6°06'10" WEST; Page 1 of 2 go 15. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°48'58" A DISTANCE OF 85.36 FEET; 16. THENCE NORTH 0°26'25" EAST 15.00 FEET TO THE BEGINNING OF A NON - TANGENT 1000.56-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 1°17'58" WEST; 17. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°08'19" A DISTANCE OF 54.81 FEET; 18. THENCE SOUTH 1°16'06" EAST 15.00 FEET TO THE BEGINNING OF A NON - TANGENT 1015.56-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 1°49'50" EAST; 19. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°55'15" A DISTANCE OF 16.32 FEET; 20. THENCE SOUTH 17°33'53" EAST 2.57 FEET; 21. THENCE NORTH 72°07'59" EAST 9.70 FEET TO THE BEGINNING OF A NON - TANGENT 1015.56-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 3°19'00" EAST; 22. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°25'17" A DISTANCE OF 60.64 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL "C"; 23. THENCE ALONG SAID EASTERLY LINE SOUTH 17°48'57" EAST 6.42 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "C"; 24. THENCE ALONG SAID SOUTHERLY LINE OF PARCEL "C" SOUTH 84°41'39" WEST 49.99 FEET TO THE BEGINNING OF A TANGENT 947_64-FOOT RADIUS CURVE CONCAVE NORTHERLY; 25. THENCE WESTERLY CONTINUING ALONG SAID SOUTHERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°31'16" A DISTANCE OF 190.55 FEET; 26. THENCE LEAVING SAID SOUTHERLY LINE NORTH 6°09'22" EAST 4.13 FEET; 27. THENCE NORTH 82°54'53" WEST 15.00 FEET; 28. THENCE SOUTH 7°06'59" WEST 4.24 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.125 ACRES, MORE OR LESS. MICKEY B. AG EXP. 3-31-10 RCE 27648 Page 2 of 2 LEGEND //APERMANENT ACQUISITION (FEE) AREA = 0.001 ACRES �[ \� TEMPORARY CONSTRUCTION \�J EASEMENT (TCE) AREA = 0.125 ACRES T.P.O.B. TRUE POINT OF BEGINNING P.O.B. POINT OF BEGINNING A CONTROL POINT PER ROS 17515 30' r 30' Q EXHIBIT S 07'0T3" W R) C2 Cl / j DETAIL �`cto-ti FEE AND/ , tc. NOT TO SCALE TCE »B"1,2 i- 0 EASEMENT FOR STREET PURPOSES REC. 6/20/77 AT FILE/PAGE NO. `77-243161 O.R. S 11ry4, pg 99.y6w --f S 78v27• ►\ 475. 7.71, N77 s27• w PLAZA 8LVD. PDR, PAR,r TABULATED UNE DATA LINE BEARING LENGTH L1 N 7'06'59" E 4.24' L2 S 82'54'53' E 15.00' L3 S 6'09'22" W 4.13' L4 S 82'54'53" E 23.80' L5 S 609'22' W 4.88' L6 S 17.33'53" E 2.57' L7 N 72'07'59" E 9.70' L8 S 84'41'39' W 49.99' TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH Cl 0'54'40" 947.64' 15.07' C2 40558" 947.64' 67.80' C3 90'00'36" 20.00' 31.42' C4 90'00'43" 15.00' 23.57' C5 0'49'15" 1015.56' 14.55' C6 4'48'58" 1015.56' 85.36' C7 3 08'19" 1000.56' 54.81' C8 0'55'15" 1015.56' 16.32' C9 325'17" 1015.56' 60.64' C10 11'31'16" 947.64' 190.55' o. 2 EXP. 31 M 710 CIVIL. 314 PAR, 0 -.or-- C7� rlv �j t^ c2 �` ` _ _" p. LA"- _ \ SEE DETAIL - - 770 20' CP7B `� 1 � � S 79O1'58' W REVISED BY: DATE: DRAM BY: KA DATE: 5-21-08 NATIONAL CITY 1' = 60' CHECKED BY: NA DATE: 6-13-08 APPROVED BY: DATE: PERMANENT ACQUISITION (FEE) AND TEMPORARY CONSTRUCTION EASEMENT APN 557-250-43 PLAZA SQUARE, LTD. DOC. NO. DWG. NO. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-420-33; 1819 E. PLAZA BLVD; SHRINERS HOSPITAL FOR CHILDREN/AMERICAN INTERNATIONAL ENTERPRISE) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- 93 Resolution No. 2010 — April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor qq ATTACHMENT 1 EXHIBIT "A" PERMANENT ACQUISITION APN 557-420-33 THAT PORTION OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE- OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 87°46'13" EAST 805.90 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 29°54'45" WEST 123.72 FEET TO THE SOUTHEAST CORNER OF -LAND PER DEED RECORDED SEPTEMBER 8, 2005 AS DOCUMENT NO. 2005- 0775749 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG THE SOUTHERLY LINE OF SAID LAND SOUTH 72°00'25" WEST 112.882 FEET TO THE BEGINNING OF A TANGENT 460.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; 2. THENCE CONTINUING ALONG SAID SOUTHERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°05'53" A DISTANCE OF 0.79. FEET TO THE SOUTHWEST CORNER OF SAID LAND; 3. THENCE ALONG THE WESTERLY LINE THEREOF NORTH 17°34'30" WEST 2.79 FEET TO THE BEGINNING OF A NON -TANGENT 444.34-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 18°56'03" EAST; 4. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°08'02" A DISTANCE OF 1.04 FEET; 5. THENCE NORTH 70°55'55" EAST 112.40 FEET TO THE EASTERLY LINE OF SAID LAND; 6. THENCE ALONG SAID EASTERLY LINE SOUTH 17°43'55" EAST 4.92 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.010 ACRES, MORE OR LESS. MI KEY B. A EXP. 3-31-10 960 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-420-33 THAT PORTION OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 87°46'13" EAST 805.90 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 29°54'45" WEST 123.72 FEET TO THE SOUTHEAST CORNER OF LAND PER DEED RECORDED SEPTEMBER 8, 2005 AS DOCUMENT NO. 2005- 0775749 OF OFFICIAL RECORDS, THENCE ALONG THE EASTERLY LINE OF SAID LAND NORTH 17°43'55" WEST 4.92 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID EASTERLY LINE SOUTH 70°55'55" WEST 112.40 FEET TO THE BEGINNING OF A TANGENT 444.34-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; 2. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°08'02' A DISTANCE OF 1.04 FEET TO THE WESTERLY LINE OF SAID LAND; 3. THENCE ALONG SAID WESTERLY LINE NORTH 17°34'30" WEST 10.00 FEET; 4. THENCE LEAVING SAID WESTERLY LINE NORTH 70°55'55" EAST 13.57 FEET; 5. THENCE NORTH 17°38'45' WEST 14.89 FEET; 6. THENCE NORTH 72°21'15' EAST 35.20 FEET; 7. THENCE SOUTH 17°43'14* EAST 12.01 FEET; 8. THENCE NORTH 70°55'55* EAST 44.18 FEET; 9. THENCE NORTH 16°27'25" WEST 16.11 FEET; 10. THENCE NORTH 73°32'35' EAST 20.06 FEET TO THE EASTERLY LINE OF SAID LAND; 11. THENCE ALONG SAID EASTERLY LINE SOUTH 17°43'55" EAST 27.19 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.048 ACRES, MORE OR LESS. 9SDg MICKEY`�. AGUIRRE ' CE 27. 8 EXP. 3-31-10 CIV11- EXHIBIT "B" DRIVEWAY EASEMENT REC.• 5/28/80 AS FILE NO. 80-172540 O.R. FOR. . 1/2 LOT 2 1/4 SEG, 120 MAP 166 557-420-33 CP5 N TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 0'05'53" 460.00' 0.79' C2 0'08'02" 444.34' 1.04' LEGEND T.P.O.B. - P.O.B. A 0D1 PERMANENT ACQUISITION AREA = 0.010 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.048 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DEED REC. 9/08/05 AS DOC. NO. 2005-0775749 O.R. P OFT, UNNUMBERED LOT KALE,SA WALK MAP 14820 Sti?55+T.P.0.6. 21 TCE -4355. 49� TP.O.B. to PERM. ACQ. )1*. 8T46'13" E 805.90 — — �� P.D.B. CP4 REVISED BY: DATE: DRAWN BY: KA DATE 8-26-08 NATIONAL CITY 1" = 30' CHECKED BY: MA DATE 9-05-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-420-33 SHRINERS HOSPITALS FOR CHILDREN DOC. NO. DWG. NO. 98 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-410-15; E. PLAZA BLVD; ORKIN, INC. CIO THRIFTY OIL COMPANY) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the mariner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- qcik Resolution No. 2010 — April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor fb 0 ATTACHMENT 1 ©1 EXHIBIT "A" PERMANENT ACQUISITION APN 557-410-15 THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP6 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 17°35'27" WEST 285.74 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 22°36'25" EAST 186.26 FEET TO A POINT IN A 30.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY IN THE NORTHERLY LINE OF LAND PER DEED RECORDED NOVEMBER 8, 1972 AT FILE/PAGE NO. 297183 OF OFFICIAL RECORDS, A RADIAL LINE TO SAID POINT BEARS NORTH 53°46'05" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID NORTHERLY LINE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 69°00'54" A DISTANCE OF 36.14 FEET TO A POINT ON THE SOUTHERLY LINE OF PLAZA BOULEVARD; 2. THENCE CONTINUING ALONG SAID NORTHERLY LINE, BEING SAID SOUTHERLY LINE OF PLAZA BOULEVARD, SOUTH 74°45'10" EAST (SOUTH 75°14'37" EAST PER SAID DEED) 123.71 FEET TO THE NORTHEAST CORNER OF SAID LAND; 3. THENCE ALONG THE EASTERLY LINE THEREOF SOUTH 17°50'40" EAST 11.34 FEET; 4. THENCE LEAVING SAID EASTERLY LINE NORTH 74°59'42" WEST 138.66 FEET TO THE BEGINNING OF A TANGENT 25.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY; 5. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50°28'48" A DISTANCE OF 22.03 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.033 ACRES, MORE OR LESS. MI KEY B. AC3 IRPt'E RCE 27648 EXP. 3-31-10 1 0,2 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-15 THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP6 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 17°35'27" WEST 285.74 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 22°36'25" EAST 186.26 FEET TO A POINT IN THE NORTHERLY LINE OF LAND PER DEED RECORDED NOVEMBER 8, 1972 AT FILE/PAGE NO. 297183 OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE BEGINNING OF A NON -TANGENT 25.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 35°28'30" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHERLY LINE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50°28'48" A DISTANCE OF 22.03 FEET; 2. THENCE SOUTH 74°59'42" EAST 138.66 FEET TO A POINT ON THE EASTERLY LINE OF SAID LAND; 3. THENCE ALONG SAID EASTERLY LINE SOUTH 17°50'40" EAST 18.21 FEET; 4. THENCE LEAVING SAID EASTERLY LINE SOUTH 72°02'32" WEST 20.59 FEET; 5. THENCE NORTH 74°59'42" WEST 48.83 FEET; 6. THENCE NORTH 15°17'46" EAST 23.67 FEET; 7. THENCE NORTH 75°39'51" WEST 21.82 FEET; 8. THENCE SOUTH 14°32'57" WEST 18.92 FEET; 9. THENCE NORTH 74°59'42" WEST 59.55 FEET; 10. THENCE SOUTH 26°06'07" WEST 21.38 FEET; 11. THENCE SOUTH 72°12'40" WEST 7.90 FEET TO A POINT IN THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 30.00 FEET OF SAID LOT 2, SAID LINE ALSO BEING THE EASTERLY LINE OF PALM AVENUE; 12. THENCE ALONG SAID NORTHEASTERLY LINE NORTH 17°47'20" WEST 13.15 FEET TO THE BEGINNING OF A TANGENT 30.00-FOOT RADIUS CURVE CONCAVE EASTERLY; 13. THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54°01'15" A DISTANCE OF 28.29 FEET TO THE TRUE POINT OF BEGINNING. PAGE 1 OF 2 PAGES (03 AREA = 0.086 ACRES, MORE OR LESS. MI KEY B. A EXP. 3-31-10 PAGE 2 OF 2 PAGES to el P.O.B. 4CP6 P \\ \ \ `'rn '1 \ N 53'46'05* W R 30.00 R N 35'28'30' W (� 25.00' R SWLY UNE- OF LOT 2 Gt EXHIBIT "B" UTILITY AND ACCESS EASEMENT REC. 3/1/57 IN BK. 6477 PG. 575 O.R. T.P.O.B. PERM. ACQ. AND TCE PLAZA 81.10 4.;_�_ j23>j• pi o}83 OR• 557-410-15 LEGEND r////a POFL NW 1/4 Or W 1/2 LOT 2 IN QUARTER SEC, 129 Or RHO, D LA NACION MAP NO. 166 T.P.O.B. P.O.B. 0 PM 13257 PAR, 3 PERMANENT ACQUISITION AREA = 0.033 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.086 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C 1 6 9'00'54. 30.00' 36.14' C2 5078'48' 25.00' 22.03' C3 54'01'15' 30.00 28.29' 134 s0 40' . REVISED BY: DATE: DRAWN BY: KA DATE: 5-21-08 NATIONAL CITY SCALE 1'=40' CHECKED BY: MA DATE: 5-27-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-15 ORKIN, INC. DOC. NO. DWG. NO. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-322-11; 1302 E. PLAZA BLVD; ALLIANCE LAUNDRY SYSTEMS, LLC) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- Resolution No. 2010 — April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 101 ATTACHMENT 1 /o8 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-322-11 THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A DIVISION OF PORTIONS OF 40.00 ACRE LOTS 1 AND 2 AND 20.00 ACRE LOTS 2 AND 3 OF QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, MADE BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 68°00'04" EAST 793.37 FEET FROM A BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 73°29'32" WEST 113.10 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 7, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG THE EASTERLY LINE OF SAID PARCEL SOUTH 11°12'53" WEST 33.48 FEET; 2. THENCE LEAVING SAID EASTERLY LINE NORTH 78°45'51" WEST 43.65 FEET; 3. THENCE NORTH 9°52'17" EAST 10.31 FEET TO THE BEGINNING OF A TANGENT 15.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; 4. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 88°38'44" A DISTANCE OF 23.21 FEET; 5. THENCE NORTH 78°46'27* WEST 107.21 FEET TO THE WESTERLY LINE OF SAID PARCEL 7; 6. THENCE ALONG SAID WESTERLY LINE NORTH 11°12'53" EAST 8.49 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, SAID POINT BEING ON SAID SOUTHERLY LINE OF PLAZA BOULEVARD; 7. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL SOUTH 78°47'07" EAST (SOUTH 79°46'05" EAST PER SAID PARCEL MAP) 166.10 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.059 ACRES, MORE OR LESS. MICKEY B. A EXP. 3-31-1 RE RCE 27648 109 REVISED BY: DRAWN BY: KA CHECKED BY: MA APPROVED BY: EXHIBIT "B" N7g 22r\ ` DRAINAGE EASEMENT REC. 10721' ;\ 3/20/84 AS FILE NO. fl = 88'38'44" 84-1000819 O.R. R = 15.00' L = 23.21' N 09'5217* E 10.31' DRAINAGE EASEMENT REC. 3/20/84 AS FILE NO. 84-1000819 O.R. PAR, 7 557-322-11 DRAINAGE EASEMENT REC. 3/20/84 AS FILE NO. 84-1000819 O.R. NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. T.P.O.B. P.O.B. A DATE:10-20-09 DATE:10-20-09 DATE: N1 7 8 4,5 $i W TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.059 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 NATIONAL CITY TEMPORARY CONSTRUCTION EASEMENT APN 557-322-11 AWANCE LAUNDRY SYSTEMS LLC P.O.B. CP7 DOC. NO. DWG. NO. 1(0 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-380-51; E. PLAZA BLVD; BDI-IV, LLC) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- Resolution No. 2010 — April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT 1 r_3 EXHIBIT "A" PERMANENT ACQUISITION APN 557-380-51 THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE EAST HALF OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 MADE BY MORRILL AND FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP3 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 40°36'29" WEST 628.29 FEET FROM A BRASS DISK STAMPED CP2 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 2°48'58" EAST 150.37 TO A POINT ON THE NORTHEASTERLY LINE OF PARCEL 2B PER DEED RECORDED DECEMBER 29, 1971 AS FILE NO. 303841 OF OFFICIAL RECORDS, SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHEASTERLY NORTH 37°1913" WEST 2.57 FEET; 2. THENCE NORTH 52°40'47" EAST 15.00 FEET; 3. THENCE SOUTH 37°19'13" EAST 3.09 FEET TO A POINT ON SAID NORTHEASTERLY LINE, SAID POINT ALSO BEING ON SAID NORTHWESTERLY LINE OF PLAZA BOULEVARD; 4. THENCE ALONG SAID NORTHEASTERLY LINE OF PARCEL 2B SOUTH 54°41'24* WEST 15.01 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.001 ACRES, MORE OR LESS. MICKEY B. EXP. 3-31-1 RE RCE 27648 5- 21-og EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-380-51 THAT PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE EAST HALF OF 80 ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 MADE BY MORRILL AND FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP3 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 40°36'29" WEST 628.29 FEET FROM A BRASS DISK STAMPED CP2 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 2°48'58" EAST 150.37 TO A POINT ON THE NORTHEASTERLY LINE OF PARCEL 2B PER DEED RECORDED DECEMBER 29, 1971 AS FILE NO. 303841 OF OFFICIAL RECORDS, SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 54°41'24" WEST 2.72 FEET TO AN ANGLE POINT IN SAID NORTHEASTERLY LINE; 2. THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE NORTH 82°04'29" WEST 28.28 FEET TO A POINT ON THE EASTERLY LINE OF GROVE STREET; 3. THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE NORTH 37°04'29" WEST 7.47 FEET; 4. THENCE LEAVING SAID NORTHEASTERLY LINE NORTH 52°55'31" EAST 5.00 FEET TO THE BEGINNING OF A NON -TANGENT 15.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 52°55'31" WEST; 5. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°14'44" A DISTANCE OF 23.63 FEET; 6. THENCE NORTH 52°40'47° EAST 27.60 FEET; 7. THENCE SOUTH 37°19'13" EAST 5.00 FEET; 8. THENCE NORTH 52°40'47" EAST 33.55 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 1 PER DEED RECORDED JULY 1, 2005 AS DOCUMENT NO. 2005-0558846 OF OFFICIAL RECORDS; 9. THENCE ALONG SAID WESTERLY LINE SOUTH 17°40'11" EAST 10.09 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 2B, SAID POINT ALSO BEING ON SAID NORTHWESTERLY LINE OF PLAZA BOULEVARD; 10. THENCE ALONG SAID NORTHEASTERLY LINE OF PARCEL 2B SOUTH 54°41'24" WEST 40.19 FEET; 11. THENCE LEAVING SAID NORTHEASTERLY LINE NORTH 37°19'13" WEST 3.09 FEET; 12. THENCE SOUTH 52°40'47" WEST 15.00 FEET; Page 1 of 2 13_ THENCE SOUTH 37°19'13" EAST 2.57 FEET TO THE TRUE POINT OF BEGINNING. AREA = 776 SQ. FT., MORE OR LESS. MI KEY B. AGk1IR EXP. 3-31-10 Page 2 of 2 No. 27648 Exp. 03131110 (Co TABULATE) CURVE DATA CURVE DELTA RADIUS LENGTH C1 9014'44* 15.00' 23.63' EXHIBIT "B"ioN FAS�MENZ (T1 0' SLOP RAC• 12J 0 DES V� NO. 3O °s POR. JF THE N 1/2 or THE NW 1/4 f \ THE: E 1/2 D ► OT 2 IN IN 1/4 SEC, 126 MHO, D LA NACJoNN \ MAP 166 s sue, 557-380-51 1 tt> S- tkk �� • h1+ 1P .-- 28.28E N 82'04'29- W N S/19-13 W� h� 257' �w�� Q\- `1'- 28.28' _.� .1 I �T.P.O.B. N 82T)4. , 1 ^Y� Wy,1'��.I d ANDMT E / Ijo 4/ I Z DETAIL S I NOT TO SCALE WLY UNE OF PAR. 1 PER DEED REC. 7/1/05 AS DOC. NO. 2005-0558846 O.R. MOST E'LY COR. PARCEL 2B PER DEED REC. 12/29/71 AS FILE NO. 303841 O.R. 09 `.'v 1$;< /0 /4 Ig `r.SEE DETAIL ET,0 /c, z/ 11/ P.O.B. de CP3 LEGEND \yO,Za ti/t, LL /LL Z T.P.O.B. P.O.B. A PERMANENT ACQUISITION AREA = 42 SQ. FT. TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 776 SO. FT. TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 REVISED BY: DATE: DRAWN BY: KA DATE: 3-30-09 NATIONAL CITY 1r = CHECKED BY: MA DATE: 3-30-09 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-380-51 BDI-IV, LLC DOC. NO. DWG. N0. 117 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-420-35; 1858-1884 E. 12TH ST.; KALESA WALK CORP.) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- Reso►ution No. 2010 — April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 09 ATTACHMENT 1 120 EXHIBIT "A" PERMANENT ACQUISITION APN 557-420-35 THAT PORTION OF UNNUMBERED LOT OF KALESA WALK IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14820, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 1, 2004, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 87°46'13" EAST 805.90 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 18°27'46" EAST 150.51 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID UNNUMBERED LOT, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG THE SOUTHERLY LINE OF SAID LOT SOUTH 72°00'25" WEST 114.99 FEET TO THE SOUTHWEST CORNER OF SAID LOT; 2. THENCE ALONG THE WESTERLY LINE OF SAID LOT NORTH 17°43'55" WEST 4.92 FEET; 3. THENCE LEAVING SAID WESTERLY LINE NORTH 70°55'55" EAST 115.02 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT; 4. THENCE ALONG SAID SOUTHERLY LINE SOUTH 17°43'55" EAST 7.08 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.016 ACRES, MORE OR LESS. MI EYB.A EXP. 3-31-1 (� 1 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-420-35 THAT PORTION OF UNNUMBERED LOT OF KALESA WALK IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14820, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 1, 2004, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 87°46'13" EAST 805.90 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 18°27'46" EAST 150.51 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID UNNUMBERED LOT; THENCE ALONG SAID SOUTHERLY LINE NORTH 17°43'55" WEST 7.08 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID SOUTHERLY LINE SOUTH 70°55'55" WEST 115.02 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT; 2. THENCE ALONG SAID WESTERLY LINE NORTH 17°43'55' WEST 27.19 FEET; 3. THENCE LEAVING SAID WESTERLY LINE NORTH 73°32'35" EAST 146.14 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT; 4. THENCE ALONG SAID SOUTHERLY LINE SOUTH 57°00'40° WEST 32.25 FEET TO AN ANGLE POINT THEREIN; 5. THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 17°43'55" EAST 12.77 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.068 ACRES, MORE OR LESS. MI KEY B. A EXP. 3-31-10 'al/fife 5- 2/-a "76OF CALF E RCE 27648 I2 2 CP5 EXHIBIT "B" GENERAL UTILITY AND ACCESS EASEMENT PER MAP 14820 DRIVEWAY EASEMENT REC. 5/28/80 AS FILE NO. 80-172541 O.R. 5 12 PRIVATE STORM WATER TREATMENT MAINTENANCE AGREEMENT AREAS REC. 1/12/04 AS FILE NO. 2004-0022016 O.R. ZP p�P N 8746'13" E 805.90' UNNUMB 'RED LOT KALESA WALK MAP 14820 557-420-35 A. •AI5/4 P.O.B. CP4 T.P.O.B. TCE , �/ T.P.O.B. / PERM. ACE). /‘;? /h LEGEND T.P.O.B. P.O.B. A 31. CP PERMANENT ACQUISITION AREA = 0.016 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.068 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 REVISED BY: DATE: DRAWN BY: KA DA1E:10-20-09 NATIONAL CITY 1" = CHECKED BY: MA DATE:10-20-09 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-420-35 KALESA WALK CORPORATION DOC. NO. DWG. NO. 123 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 556-590-60 AND 556-590-61; 900 E. PLAZA BLVD, AND 1019-1045 HIGHLAND AVE.; SOUTH BAY SPE, LLC) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- Resolution No. 2010 — April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor (2(a ATTACHMENT 1 l�� EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 556-590-60 THAT PORTION OF PARCEL 1 IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 13960 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 18, 1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP9 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 77°41'45" WEST 1270.33 FEET FROM A BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP, THENCE SOUTH 64°54'08" EAST 195.70 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1 SOUTH 17°46'06" EAST 9.71 FEET; 2. THENCE SOUTH 72°44'12" WEST 7.30 FEET; 3. THENCE SOUTH 17°15'48' EAST 5.00 FEET; 4. THENCE SOUTH 72°44'12" WEST 58.15 FEET; 5. THENCE NORTH 17°53'52" WEST 5.00 FEET; 6. THENCE SOUTH 72°44'12" WEST 53.41 FEET TO THE BEGINNING OF A TANGENT 15.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; 7. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°25'02" A DISTANCE OF 14.77 FEET; 8. THENCE SOUTH 17°47'17" EAST 18.95 FEET; 9. THENCE SOUTH 72°12'43" WEST 9.53 FEET TO THE WESTERLY LINE OF SAID PARCEL 1; 10. THENCE ALONG SAID WESTERLY LINE NORTH 17°45'48" WEST 14.21 FEET TO THE BEGINNING OF A TANGENT 20.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; 11. THENCE CONTINUING ALONG SAID WESTERLY LINE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°59'31" A DISTANCE OF 31.41 FEET TO THE NORTHERLY LINE OF PARCEL 1; 12. THENCE ALONG SAID NORTHERLY LINE NORTH 72°13'43" EAST 120.99 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.040 ACRES, MORE OR LESS. MICKEY B. AGIJIR RCE 27648 EXP. 3-31-10 HIGHLAND AVE. LEGEND T.P.O.B. P.O.B. A tal ts- v o. ad n 3 r Of " (V N V) n EXHIBIT "B" PLAZA BLVD. ��/N 7722113'43" E 53.41' S 72'44'12" W 30 N In In PM 13960 PAR, 1 556-590-60 NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. 195.70' S 64-54'08" E 120.99' P.O.B CP9 ti S 77'41'45" W NE COR. PAR. 1 >-9.71' S 17'46'06" E 5615' \CS 72'44'12" W 7.30' �� S 72'12" W `-CENTERUNE ACCESS AND UTILITY EASEMENTS REC. 2/9/54 IN BK. 5136 PG. 141 O.R. AND IN BK. 5136 PG. 143 O.R. 7/7-/ S 1715'48" E /4 5.00' 15' DRAINAGE EASEMENT PER PM 13960 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.040 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 PM 13960 PAR, 2 TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 5625'02" 15.00' 14.77' C2 89'59'31" 20.00' 31.41' SHEET 1 OF 1 SHLL I S REVISED BY: DATE: DRAWN BY: KA DATE: 2-18-09 NATIONAL CITY 1"=30' CHECKED BY: MA DATE: 2-18-09 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-60 SOUTH BAY SPE LLC DOC. NO. DWG. NO. EXHIBIT "A" PERMANENT ACQUISITION APN 556-590-61 THAT PORTION OF PARCEL 2 IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 13960 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 18, 1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP9 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 77°41'45" WEST 1270.33 FEET FROM A BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 70°39'20" EAST 220.64 FEET TO THE NORTHERLY LINE OF SAID PARCEL 2, SAID LINE ALSO BEING THE SOUTHERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID NORTHERLY LINE NORTH 72°13'43" EAST 358.92 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 2; 2. THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 2 SOUTH 17°46'17" EAST 3.18 FEET; 3. THENCE LEAVING SAID EASTERLY LINE SOUTH 72°44'12" WEST 263.51 FEET; 4. THENCE SOUTH 17°38'58" EAST 5.00 FEET; 5. THENCE SOUTH 72°44'12" WEST 25.00 FEET; 6. THENCE NORTH 17°38'58" WEST 5.00 FEET; 7. THENCE SOUTH 72°44'12" WEST 70.43 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.016 ACRES, MORE OR LESS. MICKEY B. AGI.f'IR RCE 27648 EXP. 3-31-10 No. 27648 Exp. 03131I10 13o EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 556-590-61 THAT PORTION OF PARCEL 2 IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 13960 OF PARCEL MAPS, FILED IN- THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 18, 1965, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP9 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 77°41'45" WEST 1270.33 FEET FROM A BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 70°39'20" EAST 220.64 FEET TO THE NORTHERLY LINE OF SAID PARCEL 2, SAID LINE ALSO BEING THE SOUTHERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE NORTH 72°44'12" EAST 70.43 FEET; 2. THENCE SOUTH 17°38'58" EAST 5.00 FEET; 3. THENCE NORTH 72°44'12" EAST 25.00 FEET; 4. THENCE NORTH 17°38'58" WEST 5.00 FEET; 5. THENCE NORTH 72°44'12" EAST 263.51 FEET TO THE EASTERLY LINE OF SAID PARCEL 2; 6. THENCE ALONG SAID EASTERLY LINE SOUTH 17°46'17" EAST 10.00 FEET; 7. THENCE LEAVING SAID EASTERLY LINE SOUTH 72°44'12" WEST 66.41 FEET; 8. THENCE SOUTH 17°15'48" EAST 8.00 FEET; 9. THENCE SOUTH 72°44'12" WEST 67.21 FEET; 10. THENCE NORTH 17°15'48" WEST 8.00 FEET; 11. THENCE SOUTH 72°44'12" WEST 124.91 FEET; 12. THENCE SOUTH 17°38'58" EAST 5.00 FEET; 13. THENCE SOUTH 72°44'12" WEST 35.00 FEET; 14. THENCE NORTH 17°38'58' WEST 5.00 FEET; 15. THENCE SOUTH 72°44'12" WEST 97.92 FEET TO THE WESTERLY LINE OF SAID PARCEL 2; 16. THENCE ALONG SAID WESTERLY LINE NORTH 17°46'06" WEST 9.71 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; 17. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL NORTH 72°13'43' EAST 32.51 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.103 ACRES, MORE OR LESS. MICKEY B. AG EXP. 3-31-10 �3I S 70'39 P.OB. _ _ EXHIBIT "B" CP9 — — 20" E S 77'41'45"yy — l — — — - - 220.64' PLAZA BLVD. 1270.33 Pfv1 13960 PAR, -1 LEGEND T.P.O.B. PERM. AC4. AND TCE CENTERUNE ACCESS AND UTIUTY EASEMENTS REC. 2/9/54 IN BK. 5136 PG. 141 O.R. AND IN BK. 5136 PG. 143 O.R. PERMANENT ACQUISITION AREA = 0.016 ACRES T.P.O.B. TRUE POINT OF BEGINNING P.O.B. POINT OF BEGINNING REVISED BY: DRAWN BY: KA CHECKED BY: MA APPROVED BY: DATE DATE: 2-18-09 DATE: 2-18-09 DATE: CP8 SEE DETAILS "A" AND "B" SHEET 2 PM 12079 PAR, 9 NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. PM 13960�- PAR. 2 556-590-61 LEGEND (CONT.) V/�TEMPORARY CONSTRUCTION I� EASEMENT (TCE) AREA = 0.103 ACRES A CONTROL POINT PER ROS 17515 NATIONAL CITY PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-61 SOUTH BAY SPE LLC SHEET 1 OF 2 SHEETS 1"=100' DOC. NO. DWG. NO. 13.a • N 7213'43" EN.k206,','Od 32.51 I NIP F fl J LEGEND T.P.O.B. P.Q.B. 9.71( N 17'46'06" W j CENTERUNE ACCESS AND UTIUTY EASEMENTS REC. 2/9/54 IN BK. 5136 PG. 141 O.R. AND IN BK. 5136 PG. 143 O.R. PM 13960 PAR, 1 S T.P.O.B. PERM. ACQ. PLAZA BLVD. AND TCE N 72'13'43" E 358.92' .Z./5 5 L4 • L3 97.92' 72'44'12" W K $ S 72'44'12" W » ui o ry • V) PM 13960 PAP, 556-590-61 NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. DETAIL "A" NOT TO SCALE PLAZA BLVD. w 11, N 7213'43" E 358.92' �/ L6 --- /1/1�-666.41'"�� , 67.21'S 72'4412 W 0 " $ S72'44'12"W ow ON t° PM 13060 Ie PAR, 2 PERMANENT ACQUISITION AREA = 0.016 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.103 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 — 556-590-61 DETAIL "B" NOT TO SCALE N TABULATED UNE DATA UNE BEARING LENGTH L1 S 72'44'12" W 263.51' L2 S 17'38'58" E 5.00' L3 S 72'44'12" W 25.00' L4 N 17'38'58" W 5.00' L5 S 72'44'12" W 70.43' L6 S 72'44'12" W 124.91' SHEET 2 OF 2 SHEETS REVISED BY: DATE: DRAM BY: KA DATE: 2-18-09 NATIONAL CITY NOT TO SCALE CHECKED BY: MA DATE: 2-18-09 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-61 SOUTH BAY SPE LLC DOC. NO. DWG. NO. 133 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-250-40; 1325 E. PLAZA BLVD; TRUSTEE OF THE GLENN BATHELOR TRUST) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- 13`f Resolution No. 2010 — April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 13s ATTACHMENT 1 r EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-250-40 THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 5574, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 16, 1977, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 68°00'04" EAST 793.37 FEET FROM A BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 37°34'06" WEST 189.57 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 2, SAID POINT ALSO BEING ON THE WESTERLY LINE OF N AVENUE AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID EASTERLY LINE SOUTH 11°14'09" WEST 5.00 FEET TO THE NORTHERLY CORNER OF THAT PORTION OF SAID PARCEL 2 DEEDED TO THE " CITY OF NATIONAL CITY BY DEED RECORDED SEPTEMBER 23, 1977, AS FILE NO. 77-390650 OF OFFICIAL RECORDS AND THE BEGINNING OF A TANGENT 17.50-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; 2. THENCE LEAVING SAID EASTERLY LINE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF LAND PER SAID DEED AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°59'24" A DISTANCE OF 27.49 FEET TO THE WESTERLY CORNER OF SAID LAND, SAID POINT BEING ON THE SOUTHERLY LINE OF SAID PARCEL 2 AND ON THE NORTHERLY LINE OF PLAZA BOULEVARD; 3. THENCE ALONG SAID SOUTHERLY LINE NORTH 78°46'27" WEST (NORTH 79°49'30" WEST PER PARCEL MAP 5574) 102.50 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 2; 4. THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2 NORTH 11°07'41" EAST 9.50 FEET; 5. THENCE LEAVING SAID WESTERLY LINE SOUTH 78°46'27" EAST 13.92 FEET; 6. THENCE SOUTH 9°25'47" WEST 2.78 FEET; 7. THENCE SOUTH 77°58'06" EAST 38.80 FEET; 8. THENCE SOUTH 8°33'59" WEST 2.22 FEET; 9. THENCE SOUTH 79°04'08" EAST 12.24 FEET; 10. THENCE NORTH 8°10'08" EAST 5.48 FEET; 11_ THENCE SOUTH 78°46'27" EAST 4.20 FEET; 12. THENCE NORTH 10°13'34" EAST 13.00 FEET; 13. THENCE SOUTH 78'46'27" EAST 51.19 FEET TO THE TRUE POINT OF BEGINNING. Page 1 of 2 137 AREA = 0.036 ACRES, MORE OR LESS. MI KEY D. A EXP. 3-31-10 Page 2 of 2 136 PM 12654 PAR , 2 LEGEND T.P.O.B. P.O.B. 0 " 0 0 of EXHIBIT "B" PM 3114 POR. PAR 3 PM POR 557-250-40 7" PLAZA Ss8�04" R = 17.50' L = 27.49' TABULATED UNE DATA UNE BEARING LENGTH Li S 833'59" W 2.22' L2 N 810'08" E 5.48' L3 S 78'46'27" E 4.20' 12' ACCESS AND UTILITY EASMENT REC. 11/26/63 AS FILE NO. 210450 O.R. TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.036 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 02&• BLVD. A = 89'59'24" T.P.O.B. ICE POR. OF PAR. 2 DEEDED TO CITY OF NATIONAL CITY BY y / DEED REC. 9/23/77 `mt.% AS FILE NO. \'- ., 77-390650 O.R. \°s, \ \- \\ P.O.B. CP7 REVISED BY: DATE: DRAWN BY: KA DATE: 5-21-08 NATIONAL CITY 1"=30' CHECKED BY: MA DATE 5-27-08 APPROVED BY: DATE: TEMPORARY CONSTRUCTION EASEMENT APN 557-250-40 G. BATCHELOR TRUST 1-25-07 DOC. NO. DWG. NO. I39 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-410-27; E. PLAZA BLVD; THRIFTY OIL COMPANY) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- Resolution No. 2010 — April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT 1 EXHIBIT "A" PERMANENT ACQUISITION APN 557-410-27 THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 13257, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 8, 1984 AS FILE NO. 84-170925 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 17°35'27" EAST 285.74 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 64°00'54" EAST 155.92 FEET TO A POINT IN THE WESTERLY LINE OF SAID PARCEL 3, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID WESTERLY LINE NORTH 17°50'40" WEST 1.79 FEET TO THE NORTHWEST CORNER OF PARCEL A OF "AMENDED AND RESTATED CERTIFICATE OF COMPLIANCE RECORDED JUNE 11, 2007 AS FILE NO. 2007-0392909 OF OFFICIAL RECORDS, SAID POINT BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD; 2. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL A SOUTH 74°45'11" EAST 194.35 FEET TO THE EASTERLY LINE OF SAID PARCEL 3; 3. THENCE ALONG SAID EAS-TERLY LINE SOUTH 17°44'14" EAST 0.80 FEET TO THE BEGINNING OF A NON -TANGENT 612.20-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 14°42'21" WEST; 4. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°17'57" A DISTANCE OF 3.20 FEET; 5. THENCE NORTH 74°59'42" WEST 190.61 FEET TO THE TRUE POINT OF BEGINNING. AREA = 211 SQ. FT., MORE OR LESS. MICKEY B. AGUI EXP. 3-31-10 Gk4.P CE 27648 QwiSS/ON9 sY-y AGG/9��ya c^ No. 27648 Exp. 03/31110 � . CIVN- �P �rf Of CA1-1E�� -13 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-27 THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 13257, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 8, 1984 AS FILE NO. 84-170925 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 17°35'27" EAST 285.74 FEET FROM A BRASS DISK STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 64°00'54° EAST 155.92 FEET TO A POINT IN THE WESTERLY LINE OF SAID PARCEL 3, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1_ THENCE LEAVING SAID WESTERLY LINE SOUTH 74°59'42' EAST 190.61 FEET TO THE BEGINNING OF A TANGENT 612.20-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 2. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°17'57" A DISTANCE OF 3.20 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 3; 3. THENCE ALONG SAID EASTERLY LINE SOUTH 17°44'14" EAST 11.81 FEET TO THE BEGINNING OF A NON -TANGENT 622.20-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 14°07'20' WEST; 4_ THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°52'58" A DISTANCE OF 9.59 FEET; 5. THENCE NORTH 74°59'42° WEST 172.56 FEET; 6. THENCE SOUTH 72°02'32' WEST 9.74 FEET TO A POINT ON SAID WESTERLY LINE OF PARCEL 3; 7. THENCE ALONG SAID WESTERLY LINE NORTH 17°50'40" WEST 18.21 FEET TO THE TRUE POINT OF BEGINNING. AREA = 1,969 SQ. FT_, MORE OR LESS. 2-4-a Q. o ESS/04,4 hwQ �4-.'" B. AG�49 Fyai f No. 274E Exp. 031311160 J gJ�F C'- MI EY :. AG IR T= RCE 2 648 EXP. 3-31-10 tty 4 CP6 -o EXHIBIT PLAZA tit to. 5k, P.O.B. CP5 PJr,, NW 1/41 OF W 1/2 LOT 2 IN n1JARTrf SrG', 129 OF RHO, DE LA NAGJON MAP No, 166 PAR. SHEET 2 » B » SEE DETAIL 10' SEWER EASEMENT PER PM 13257 557-410-27 1 fy A PAR, r1 AMENDED AND RESTATED CERTIFICATE OF COMPLIANCE F,rr, 6/11/07 AS FiLe NO, \ \2oo7-oa992909 011, PJr,, PAR, 0 SEWER SERVICE EASEMENT PER PM 13257 \\ PM 132L7 LEGEND \ PAR, 1 PERMANENT ACQUISITION AREA = 211 SF TEMPORARY CONSTRUCTION EASEMENT (TCE) \ \ I AREA = 1,969 SF T.P.O.B. P.D.B. A TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 SHEET 1 OF 2 SHEETS RENSED BY: MA DATE: 2-04-10 DRAWN BY: KA DATE: 4-15-08 NATIONAL CITY SCALE = 50' CHECKED BY: MA DATE: 5-19-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-27 THRIFTY OIL CO., A CAUFORNIA CORPORATION DOC. NO. DWG. NO. EXHIBIT "B" 0. y''•.• PLAZA 81.4). 5N p0 k6T.P.O.BJ _ PERM. y r' \ 0 7 g 4? ACQ. AND'J0. ' _ 17 TCE o. �', 5 zSB� - a ��— 57 410-27 _ C1� o `� g DRAINAGE EASEMENT — - �� o PER PM 13257 10' SEWER —.- �T� N SEWER SERVICE EASEMENT EASEMENT PER PER PM 13257 S 14'42'21" W (R) m '-! �' PM 13257 PAR. A S 14'oT20' W (R) --= .Ii- ra s-.. __, .o• \ AMEND5,13 AND R TA1 E) GEr,TlFICATr Or COMPLIANCE au_oo \ ReG, 6/11/07 A� FILE, Na tr,.9E�- �ryy ��jj M V ULr) } U t'�y�) I��n QW QWO rOR, PAR, 2i >Le p3 N CC CD <zZ-z Om-rOmZ WP �¢cn za-W+ F W Q Q W �i TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 017'57" 61220' 3.20' C2 0'52'58" 622.20' 9.59' 19435. DETAIL NOT TO SCALE LEGEND SEWER, DRAINAGE, AND EMBANKMENT EASEMENT REC. 10/4/68 AS FILE NO. 173322 O.R. PERMANENT ACQUISITION AREA = 211 SF TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 1,969 SF T.P.O.B. TRUE POINT OF BEGINNING SHEET 2 OF 2 SHEETS REVISED 8Y: MA DATE: 2-04-10 DRAWN BY: KA DATE: 4-15-08 NATIONAL CITY NO SCALE CNECKED BY: MA DATE: 5-19-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-27 THRIFTY OIL CO., A CALIFORNIA CORPORATION DOC. NO. DWG. NO. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-420-30; E. PLAZA BLVD; TODD AL-BAYATI/SAMIYA ABDUL SATTAR KADDORY) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- 19 7 Resolution No. 2010 — April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT 1 EXHIBIT "A" PERMANENT ACQUISITION APN 557-420-30 THAT PORTION OF PARCEL NO. 2 OF PARCEL MAP NO. 5478, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 13, 1977 AS FILE NO. 77-014262 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 65°12'41" WEST 1089.05 FEET FROM A BRASS DISK STAMPED CP3 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 66°29'03" WEST 39.12 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL, SAID LINE ALSO BEING THE SOUTHERLY LINE OF PLAZA BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID NORTHERLY LINE SOUTH 16°27'25" EAST 2.54 FEET; 2. THENCE SOUTH 76°30'26" WEST 15.00 FEET; 3. THENCE NORTH 16°27'25" WEST 2.06 FEET TO A POINT IN SAID NORTHERLY LINE; 4. THENCE ALONG SAID NORTHERLY LINE NORTH 74°41'06" EAST (NORTH 73°43'06" EAST PER SAID PARCEL MAP) 14.98 FEET TO THE TRUE POINT OF BEGINNING. AREA = 34 SQ. FT., MORE OR LESS. MICKEY B. A EXP. 3-31-1 150 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-420-30 THAT PORTION OF PARCEL NO. 2 OF PARCEL MAP NO. 5478, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 13, 1977 AS FILE NO. 77-014262 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 65°12'41" WEST 1089.05 FEET FROM A BRASS DISK STAMPED CP3 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 66°29'03" WEST 39.12 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 2, SAID LINE ALSO BEING THE SOUTHERLY LINE OF PLAZA BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID NORTHERLY LINE NORTH 74°41'06" EAST 16.99 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 2; 2. THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 2 SOUTH 17°45'13" EAST 13.11 FEET; 3. THENCE LEAVING SAID EASTERLY LINE SOUTH 76°30'26" WEST 37.31 FEET; 4. THENCE NORTH 16°27'25" WEST 5.01 FEET; 5. THENCE SOUTH 76°30'26" WEST 90.18 FEET TO THE WESTERLY LINE OF SAID PARCEL 2; 6. THENCE ALONG SAID WESTERLY LINE NORTH 17°21'57" WEST 4.04 FEET TO THE NORTHWEST CORNER THEREOF; 7. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2 NORTH 74°41'06" EAST 95.14 FEET; 8. THENCE LEAVING SAID NORTHERLY LINE SOUTH 16°27'25" EAST 2.06 FEET; 9. THENCE NORTH 76°30'26" EAST 15.00 FEET; 10_ THENCE NORTH 16°27'25" WEST 2.54 FEET TO THE TRUE POINT OF BEGINNING. AREA = 923 SQ. FT., MORE OR LESS. MICkEY B. AG1jIR RCE 27648 EXP. 3-31-10 1 LJ T.P.O.B. - PERM. ACC. AND TCE 54'r Zcn A DETAIL NOT TO SCALE l EXHIBIT 399Q3� T.P.O.B. 90j. is `' ?t �' PERM. ACQ. AND TCE SEE DETAIL THIS SHEET '41' HIGHWAY SLOPE EASEMENT REC. 3/11/71 AS FILE NO. 46267 O.R. POFL NW 1/4 OP W1/2DPBO ACRE,. LOT 2 1N GIIJART5,R C. 29 O RHO, D LA NACIU1\l MAP NO, 166 LEGEND I,\\\may T.P.O.B. P.O.B. PERMANENT ACQUISITION AREA = 34 SQUARE FEET TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 923 SQUARE FEET TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 557-420-30 PAR, . »DPP ULD t5A w0 S6y1905�J� P.O.B. CP4 6478 TABULATED UNE DMA UNE BEARING LENGTH L1 S 16'27'25" E 2.54' L2 S 76'30'26" W 15.00' L3 N 16'27'25" W 2.06' L4 N 74'41'06" E 14.98' L5 N 74'41'06" E 16.99' PAR, 1 REVISED BY: DATE: DRAWN BY: KA DATE: 4-28-09 NATIONAL CITY SCALE r = 40' CHECKED BY: MA DATE: 4-28-09 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-420-30 TODD AL—BAYATI AND SAMIYA ABDUL SATTAR KADDORY DOC. NO. DWG. NO. 15d2 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-410-05; 1736-1740 E. PLAZA BLVD; AIRTEMIO P. PUEDAN AND FLORA O. PUEDAN, TRUSTEES) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- Resolution No. 2010 — April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April. 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT 1 / 55 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-05 THAT PORTION OF THE NORTHWEST QUARTER OF THE WEST HALF OF LOT 2 IN QUARTER SECTION 129 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 87°46'13" EAST 805.90 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 86°54'27" WEST 144.07 FEET TO A POINT IN THE EASTERLY LINE OF LAND PER DEED RECORDED SEPTEMBER 25, 2003 AS DOCUMENT NO. 2003-1182085 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID EASTERLY LINE SOUTH 17°21'57" EAST 16.82 FEET TO THE BEGINNING OF A NON -TANGENT 622.20-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 17°02'52" EAST; 2. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°13'52" A DISTANCE OF 45.95 FEET; 3. THENCE NORTH 49°05'05" WEST 9.94 FEET TO THE BEGINNING OF A NON -TANGENT 622.20-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 12°13'37" EAST; 4. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1°43'25" A DISTANCE OF 18.72 FEET; 5. THENCE SOUTH 33°00'13" WEST 10.97 FEET TO THE BEGINNING OF A NON -TANGENT 622.20-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 9°49'35" EAST; 6. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°49'39" A DISTANCE OF 52.42 FEET TO A POINT IN THE WESTERLY LINE OF LAND PER SAID DEED; 7. THENCE ALONG SAID WESTERLY LINE NORTH 17°41'47' WEST 18.44 FEET TO THE BEGINNING OF A NON -TANGENT 612.20-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 4°40'21" EAST; 8. THENCE LEAVING SAID WESTERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8°49'13" A DISTANCE OF 94.24 FEET; Page 1 of 2 EXHIBIT "A" PERMANENT ACQUISITION APN 557-410-05 THAT PORTION OF THE NORTHWEST QUARTER OF THE WEST HALF OF LOT 2 IN QUARTER SECTION 129 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 87°46'13" EAST 805.90 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 86°54'27" WEST 144.07 FEET TO A POINT IN THE EASTERLY LINE OF LAND PER DEED RECORDED SEPTEMBER 25, 2003 AS DOCUMENT NO. 2003-1182085 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID EASTERLY LINE SOUTH 76°30'26" WEST 36.83 FEET TO THE BEGINNING OF A TANGENT 612.20-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; 2_ THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8°49'13" A DISTANCE OF 94.24 FEET TO A POINT ON THE WESTERLY LINE OF LAND PER SAID DEED; 3. THENCE ALONG SAID WESTERLY LINE NORTH 17°41'47" WEST 2.61 FEET TO THE NORTHWEST CORNER OF SAID LAND AND THE BEGINNING OF A NON -TANGENT 540.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 3°58'45" EAST, SAID POINT BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD; 4. THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LAND AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°54'25" A DISTANCE OF 131.07 FEET TO THE NORTHEAST CORNER OF SAID LAND; 5. THENCE ALONG SAID EASTERLY LINE THEREOF SOUTH 17°21'57" EAST 4.01 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.008 ACRES, MORE OR LESS. MIKEY t A 1 s" E RCE 27648 EXP. 3-31-10 Qee POFEssio Q 9 12 g c" m w NO. 27648 s Exp. 03/31/10 CIVIC ��P OF CAlJ/ /S 7 9. THENCE NORTH 76°30'26" EAST 36.83 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.049 ACRES, MORE OR LESS. MICKEY B. AGUIR EXP. 3-31-10 Page 2 of 2 CP5 ��-------�`A�� BL`m S 03'58'45" E (R) 26ti. r W N ‘1.4141 LEGEND T.P.0.8. P.O.B. A PERMANENT ACQUISITION AREA = 0.008 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.049 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 C2 EXHIBIT "B" N 87'46'13" E 805.90' S 17'21'57" E 4.01' \, S 86'54'27" V4 144.07 p� UTILITY AND ACCESS CP4 EASEMENT REC. 7/23/68 AS FILE NO. 124201 O.R. T.P.O.B. PERM. ACQ. AND TCE m\ 7 FI LAND PER DEED REC. 9/25/03 AS DOC. NO. 2003-1182085 O.R. POR, NW 1/4 Jr W 1/2 I O1 2 1N @UAF1T R $ G. 120 OF D LA NAGION MAP NO, 166 557-410-05 TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH Cl 8'49'13" 612.20' 94.24' C2 13'54'25" 540.00' 131.07' C3 4'13'52" 622.20' 45.95' C4 143'25" 622.20' 18.72' C5 4'49.39" 622.20' 52.42' REVISED BY: DATE: DRAWN BY: KA DATE: 4-16-08 NATIONAL CITY SCALE 1" = 40' CHECKED BY: MA DATE: 5-19-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-05 THE PUEDAN FAMILY TRUST DATED 9/05/03 DOC. NO. DWG. NO. 15 1 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-410-17; 1735 E. PLAZA BLVD; BRUCE M. BOOGAARD AND CYNTHIA K. BOOGAARD) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- Resolution No. 2010 - April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT 1 EXHIBIT "A" PERMANENT ACQUISITION APN 557-410-17 THAT PORTION OF THE NORTHWEST QUARTER OF THE WEST HALF OF LOT 2 IN QUARTER SECTION 129 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 87°46'13" WEST 805.90 FEET FROM A BRASS DISK STAMPED CP4 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 61°40'38" EAST 278.96 FEET TO THE WESTERLY CORNER OF LAND PER DEED RECORDED APRIL 28, 2003 AS DOCUMENT NO. 2003-0490013 OF OFFICIAL RECORDS, SAID POINT BEING ON THE NORTHERLY LINE OF PLAZA BOULEVARD; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND SOUTH 74°45'11" EAST 32.75 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID SOUTHERLY LINE SOUTH 74°59'42" EAST 101.98 FEET TO THE BEGINNING OF A TANGENT 444.35-FOOT RADIUS CURVE CONCAVE NORTHERLY; 2. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°56'21" A DISTANCE OF 263.21 FEET TO A POINT ON THE EASTERLY LINE OF LAND PER SAID DEED; 3. THENCE ALONG SAID EASTERLY LINE SOUTH 17°34'30" EAST 2.79 FEET TO THE SOUTHEAST CORNER OF LAND PER SAID DEED BEING ON SAID NORTHERLY LINE OF PLAZA BOULEVARD AND THE BEGINNING OF A NON TANGENT 460.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 17°53'42" EAST; 4. THENCE WESTERLY ALONG THE SOUTHERLY LINE OF LAND PER SAID DEED AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°08'31" A DISTANCE OF 266.08 FEET; 5. THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 74°45'11" WEST 99.77 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.008 ACRES, MORE OR LESS. MICKEY B. AG EXP. 3-31-10 awe 5-if-a' RCE 27648 ►(P3 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-17 THAT PORTION OF THE NORTHWEST QUARTER OF THE WEST HALF OF LOT 2 IN QUARTER SECTION 129 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 87°46'13" WEST 805.90 FEET FROM A BRASS DISK STAMPED CP4 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 61°40'38" EAST 278.96 FEET TO THE WESTERLY CORNER OF LAND PER DEED RECORDED APRIL 28, 2003 AS DOCUMENT NO. 2003-0490013 OF OFFICIAL RECORDS, SAID POINT BEING ON THE NORTHERLY LINE OF PLAZA BOULEVARD, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1_ THENCE LEAVING SAID NORTHERLY LINE OF PLAZA BOULEVARD ALONG THE NORTHERLY LINE OF LAND PER SAID DEED NORTH 82°18'47" EAST 22.97 FEET; 2. THENCE LEAVING SAID NORTHERLY LINE SOUTH 74°59'42" EAST 98.97 FEET; 3. THENCE NORTH 13°43'46" EAST 11.22 FEET; 4. THENCE NORTH 73°46'43" EAST 16.12 FEET; 5. THENCE SOUTH 82°02'39" EAST 35.91 FEET; 6. THENCE SOUTH 9°58'23" WEST 21.53 FEET TO THE BEGINNING OF A NON - TANGENT 434.35-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 10°11'03" WEST; 7. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°48'01" A DISTANCE OF 150.10 FEET; 8. THENCE NORTH 15°35'18' WEST 11.15 FEET; 9. THENCE NORTH 74°24'42" EAST 53.47 FEET; 10. THENCE SOUTH 15°35'18" EAST 13.43 FEET TO THE BEGINNING OF A NON -TANGENT 434.35-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 16°40'47" EAST; 11. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2°17'09" A DISTANCE OF 17.33 FEET TO THE EASTERLY LINE OF LAND PER SAID DEED; 12. THENCE ALONG SAID EASTERLY LINE SOUTH 17°34'30" EAST 10.00 FEET TO THE BEGINNING OF A NON -TANGENT 444.35-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 18'56'03" EAST; 13. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°56'21" A DISTANCE OF 263.21 FEET; Page 1 of 2 14_ THENCE NORTH 74°59'42" WEST 101.98 FEET TO A POINT ON THE SOUTHERLY LINE OF LAND PER SAID DEED AND ON SAID NORTHERLY LINE OF PLAZA BOULEVARD; 15. THENCE ALONG SAID SOUTHERLY LINE NORTH 74°45'11" WEST 32.75 FEET THE TRUE POINT OF BEGINNING. AREA = 0.123 ACRES, MORE OR LESS. MI Y B. AG EXP. 3-31-10 RCE 27648 Page 2 of 2 QfyOfESStpy� e" m • No. 27848 s Exp. 03/31/10 & CNV11. 4t. 7-FOF CO�Q NOTE: SEE SHEET 3 FOR TABULATED CURVE DATA. LEGEND T.P.O.B. P.O.B. A DD1 PERMANENT ACQUISITION AREA = 0.008 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.123 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DEED REC. 4/28/03 AS DOC. NO. 2003-0490013 O.R. SHEET 1 OF 3 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 4-8-08 NATIONAL cITY SCALE 1*=60' CHECKED BY: DATE: 5-19-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-17 BRUCE M. BOOGAARD AND CYNTHIA K. BOOGAARD DOC. NO. DWG. NO. LEGEND riii/1 T.P.O.B. P.O.B. A D01 REVISED BY: • CO nQ Q NOTE: PERMANENT ACQUISITION WIDTH EXAGGERATED FOR CLARITY PERMANENT ACQUISITION AREA = 0.008 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.123 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 DEED REC. 4/28/03 AS DOC. NO. 2003-0490013 O.R. DATE: DRAWN BY: KA DATE: 4-8-08 T.P.O.B. PERM. ACQ. sr h n � m NOTE: SEE SHEET 3 FOR TABULATED CURVE DATA. CC, 0 0) —LAND PER D01 Mom. AP 557-410-17 'V� rzy LLl tL 7 w 011 CV M Q CO ' -1 :1-1 0"113 � MATCH LINE SEE SHEET 3 t- EL. SHEET 2 OF 3 SHEETS tL, 0 1i 0 CC, Lu CC 3 0 0 C) NATIONAL CITY SCALE NO SCALE CHECKED BY: DATE:5-19-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-17 BRUCE M. BOOGAARD AND CYNTHIA K. BOOGAARD DOC. NO. DWG. NO. Re NOTE: PERMANENT ACQUISITION WIDTH EXAGGERATED FOR CLARITY PLAZA BLVD. TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 19'48'01" 434.35' 150.10' C2 2'17'09" 434.35' 17.33' C3 33'56'21" 444.35' 263.21' C4 33'08'31" 460.00' 266.08' LEGEND DD1 PERMANENT ACQUISITION AREA = 0.008 ACRES TEMPORARY CONSTRUCTION f3 EASEMENT (TCE), AREA = 0.123 ACRES a` DEED REC. 4/28/03 AS DOC. �^ NO. 2003-0490013 O.R. MATCH LINE SEE SHEET 2 LAND PER DD1 POF;, OF NW 1/4 OF THE W 1/2 OF LOT 2 OF QJr1RT .R SrC, 129 RHO, DE LA NACION MAP 166 557-410-17 .0.11535,. \ >% S 1536 ,$ jC2 .31E �. o E�RI s S6 2.79' S 17'34'30* E SHEET 3 OF' 3 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 4-8-08 NATIONAL CITY SCALE NO SCALE CHECKED BY: DATE: 5-19-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-17 BRUCE M. BOOGAARD AND CYNTHIA K. BOOGAARD DOC. NO. DWG. NO. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 557-310-26; 2401 E. PLAZA BLVD; TRACEY NOEL MILLER, TRUSTEE) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- Resolution No. 2010 — April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 170 ATTACHMENT 1 /7/ EXHIBIT "A" PERMANENT ACQUISITION APN 557-310-26 THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF QUARTER SECTION 106, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF BY MORRILL NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP1 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 56°05'31" EAST 686.13 FEET FROM A BRASS DISK STAMPED CP2 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 61°14'53" WEST 150.80 FEET TO THE BEGINNING OF A NON - TANGENT 25.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 48°47'55" EAST, SAID POINT ALSO BEING ON THE SOUTHEASTERLY LINE OF LAND PER DEED RECORDED AUGUST 5, 1983 AS DOCUMENT NO. 83-273525 OF OFFICIAL RECORDS, SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID SOUTHEASTERLY LINE OF SAID LAND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°05'49' A DISTANCE OF 13.57 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LAND AND THE BEGINNING OF A NON -TANGENT 12.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 82°11'00" EAST; 2. THENCE SOUTHERLY ALONG THE BOUNDARY OF SAID LAND AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60°29'47" A DISTANCE OF 12.67 FEET; 3. THENCE SOUTH 52°40'47" WEST 1.50 FEET TO THE TRUE POINT OF BEGINNING. AREA = 10.0 SQUARE FEET, MORE OR LESS. MI E B_ A EXP. 3-31-10 1-2 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-310-26 THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF QUARTER SECTION 106, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF BY MORRILL NO_ 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP1 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 56°05'31" EAST 686.13 FEET FROM A BRASS DISK STAMPED CP2 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 61°14'53" WEST 150.80 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF LAND PER DEED RECORDED AUGUST 5, 1983 AS DOCUMENT NO. 83-273525 OF OFFICIAL RECORDS, SAID LINE ALSO BEING THE NORTHWESTERLY LINE OF PLAZA BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 52°40'47" WEST 29.94 FEET; 2. THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 37°19'13" WEST 9.50 FEET; 3. THENCE NORTH 52°40'47" EAST 25.14 FEET TO THE BEGINNING OF A TANGENT 14.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; 4. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70°21'47" A DISTANCE OF 17.19 FEET; 5. THENCE NORTH 17°41'00' WEST 8.84 FEET; 6. THENCE NORTH 72°19'00" EAST 7.79 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LAND, SAID LINE ALSO BEING THE SOUTHWESTERLY LINE OF EUCLID AVENUE; 7. THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 17°41'00" EAST 17.56 FEET TO THE BEGINNING OF A TANGENT 12.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; 8. THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9°52'00" A DISTANCE OF 2.07 FEET TO THE BEGINNING OF A NON -TANGENT 25.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 79°53'44" EAST; 9. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°05'49" A DISTANCE OF 13.57 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH: Page 1 of 2 /73 THOSE PORTIONS OF QUARTER SECTIONS 106 AND 129, RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF BY MORRILL NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A SAID BRASS DISK STAMPED CP2 WHICH BEARS SOUTH 56°05'31" WEST 686.13 FEET FROM SAID BRASS DISK STAMPED CP1 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 46°19'58" EAST 104.05 FEET TO A POINT ON THE SOUTHERLY LINE OF LAND PER DEED RECORDED MAY 13, 1986 AS DOCUMENT NO. 86-189361 OF OFFICIAL RECORDS, SAID LINE ALSO BEING THE NORTHERLY LINE OF 12TH STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE NORTH 4°57'58" EAST 4.37 FEET TO THE BEGINNING OF A NON - TANGENT 96.23-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 4°27'41" EAST; 2. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°05'09" A DISTANCE OF 16.94 FEET; 3. THENCE SOUTH 73°41'26" EAST 8.94 FEET TO THE BEGINNING OF A TANGENT 10.00-FOOT RADIUS CURVE CONCAVE NORTHERLY; 4. THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53°37'47' A DISTANCE OF 9.36 FEET; 5. THENCE NORTH 52°40'47" EAST 140.79 FEET; 6. THENCE SOUTH 37°19'13" EAST 9.50 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LAND PER DOCUMENT NO. 83-273525, SAID LINE ALSO BEING THE NORTHWESTERLY LINE OF PLAZA BOULEVARD; 7. THENCE ALONG SAID SOUTHEASTERLY LINE AND THE SOUTHEASTERLY LINE OF SAID LAND PER DOCUMENT NO. 86-189361 SOUTH 52°40'47" WEST 138.79 FEET TO THE BEGINNING OF A TANGENT 10.00-FOOT RADIUS CURVE CONCAVE NORTHERLY; 8. THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60°01'13" A DISTANCE OF 10.48 FEET TO THE NORTHERLY LINE OF 12TH STREET AND THE BEGINNING OF A TANGENT 90.00-FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY; 9. THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°55'07" A DISTANCE OF 32.86 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.047 ACRES, MORE OR LESS MICKEY B. A EXP. 3-31-10 E RCE 27648 C ZZ-Of{ OF cAUF Page 2 of 2 LEGEND T.P.O.B. P.O.B. A 13 B VERL Y GLEN /MAP 278 EXHIBIT "B" PERMANENT ACQUISITION AREA = 10.0 SQUARE FEET N'LY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.012 ACRES STY TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.035 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 SEE DETAIL 'A"witi SHEET 2 �Y /i7JR. 1/4 SEC, 106 ( RHO. D LA NAG ION / MAP 166 PEDESTRIAN ACCESS EASEMENT REC. 1/29/79 AS FILE NO. 79-043820 O.R. SEE DETAIL aB" / SHEET 2 y PO , ,`./ 1/4 SEG. 129 A RHO, DE LA NACJON a / MAP 166 REVISED BY: DATE: T.P.O.B. I STY TCE DRAWN BY: KA DATE: 4-30-08 1 //• CP2 -"" P.O.B. STY TCE NATIONAL CITY F -%�0 • CP1 NTY FEE AND �� - iCEa �� o` �h?%/ C)•Z/ T.P.O.B. PERM. ACQ. AND N'LY TCE SHEET 1 OF 2 SHEETS 1"=80. CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-310-26 THE AIMEE FRANKHOUSE TRUST DOC. NO. D. NO. /75- ti 'may FG 9°0, 9• �K/O / Ss �O. lRl / / 6.F $tip? i PO 1/4 SEC, 106 FNJ, Dr LA lNA G ION MAP 166 or- .e� tiQ' N g� / Qv w NOTE: SEE SHEET 1 FOR LEGEND PEDESTRIAN ACCESS ' T.P.O.B. EASEMENT REC. 1/29/79 \ \ PERM. Am AS FILE NO. 79-043820 O.R. ry Q. AND N'LY TCE PEDESTRIAN ACCESS EASEMENT REC. 1/29/79 AS FILE NO. 79-043820 O.R. DETAIL "A" NOT TO SCALE TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH Cl 31.05'49" 25.00' 13.57' C2 60'29'47" 12.00' 12.67' C3 70'21'47" 14.00' 17.19' C4 9'52'00* 12.00' 2.07' C5 10'05'09" 96.23' 16.94' C6 53'37'47" 10.00' 9.36' C7 60131'13* 10.00' 10.48' C8 20'55'07" 90.00' 3286' 3 / POR, 4, ik / r 106 �,/ v / y /fir JLr is - // ��v- RHO, DE ^ / / C2 , A 1�1ACJON 6) .\ MAP 166 L 's 1 I�,, `� PJ'Fi, ��,,� 1/4 SEC, 129 , ,,\ RHO. DE LA NAG1ON , 40 MAP 166 , kre b* 4 �� v Q. Nr- /` h� v e Qv h C, DETAIL "B" NOT TO SCALE SHEET 2 OF 2 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 4-30-08 NATIONAL CITY NOT TO SCALE CHECKED BY: MA DATE:5-22-08 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-310-26 THE AIMEE FRANKHOUSE TRUST DOC. NO. DWG. NO. /7 7 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN FOR MUNICIPAL PURPOSES (A.P.N. 556-590-51, 556-590-54, 556-590-58, 557-322-10; 1130, 1132, 1210, AND 1240 E. PLAZA BLVD; SOUTH BAY PLAZA, LLC) WHEREAS, California Government Code Sections 6502, 6508, 37350, 37350.5, 37351, 37353, and 40404 authorize acquisition of real property interests by eminent domain for street purposes; and WHEREAS, acquisition of the real property interests described herein is necessary for the widening of approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project; and WHEREAS, the City Council of the City of National City finds and determines that notice of its intention to adopt this Resolution of Necessity was duly given to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll as required by law, and at its regular meeting at 6:00 p.m., on April 6, 2010, in the City Council Chambers, 1243 National City Boulevard, National City, the City Council did hear and consider all of the evidence presented pertaining to the acquisition. NOW, THEREFORE, BE IT RESOLVED that the City Council, pursuant to California Code of Civil Procedure Section 1240.030 and 1245.230, hereby finds and determines each of the following: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Government Code Section 7267.2 has been made to the property owner or owners of record. BE IT FURTHER RESOLVED that the City Attorney is authorized and directed to commence and maintain eminent domain proceedings in the Superior Court of the County of San Diego to acquire for the City of National City easement interests in certain real property, more particularly designated and described in Attachment 1, which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Attorney is hereby authorized and directed to make application to the Court for an Order for Possession Before Judgment in the eminent domain proceedings. -- Signature Page to Follow -- Resolution No. 2010 — April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor / 7 6 ATTACHMENT 1 EXHIBIT "A" PERMANENT ACQUISITION APN 556-590-51 THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1982, AS FILE NO. 82-124159 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP8 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 77°41'45" EAST 1270.33 FEET FROM A BRASS DISK STAMPED CP9 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 68°06'41" WEST 371.30 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 1 AND THE BEGINNING OF A NON -TANGENT 956.50-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 9°45'14" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE WESTERLY THROUGH A CENTRAL ANGLE OF 7°53'57" A DISTANCE OF 131.87 FEET; 2. THENCE SOUTH 72°44'12' WEST 83.92 FEET TO THE WESTERLY LINE OF SAID PARCEL 1; 3. THENCE ALONG SAID WESTERLY LINE NORTH 17°46'17" WEST 4.46 FEET TO THE NORTHERLY LINE THEREOF, SAID POINT BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD; 4. THENCE ALONG SAID NORTHERLY LINE NORTH 72°13'43" EAST 98.33 FEET TO THE BEGINNING OF A TANGENT 672.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; 5. THENCE CONTINUING ALONG SAID NORTHERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°01'39" A DISTANCE OF 117.61 FEET TO THE EASTERLY LINE OF SAID PARCEL 1; 6. THENCE ALONG SAID EASTERLY LINE SOUTH 17°46'17" EAST 4.29 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.025 ACRES, MORE OR LESS. EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 556-590-51 THAT PORTION OF PARCEL1 OF PARCEL MAP NO. 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1982, AS FILE NO. 82-124159 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP8 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 77°41'45" EAST 1270.33 FEET FROM A BRASS DISK STAMPED CP9 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 68°06'41" WEST 371.30 FEET TO THE EASTERLY LINE OF SAID PARCEL 1, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID EASTERLY LINE SOUTH 17°46'17" EAST 10.10 FEET TO THE BEGINNING OF A NON -TANGENT 946.50-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 9°40'07" WEST; 2. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7°59'04" A DISTANCE OF 131.90 FEET; 3. THENCE SOUTH 72°44'12" WEST 88.89 FEET; 4. THENCE SOUTH 17°46'17" EAST 14.73 FEET; 5. THENCE SOUTH 72°21'02" WEST 15.00 FEET TO THE WESTERLY LINE OF SAID PARCEL 1; 6. THENCE ALONG SAID WESTERLY LINE NORTH 17°46'17" WEST 24.83 FEET; 7. THENCE LEAVING SAID WESTERLY LINE NORTH 72°44'12" EAST 83.92 FEET TO THE BEGINNING OF A NON -TANGENT 956.50-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 17°39'11' WEST; 8. THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7°53'57" A DISTANCE OF 131.87 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.055 ACRES, MORE OR LESS. MI KEY B. A EXP. 3-31-10 /8) LEGEND EXHIBIT "B" - --N 1270 \ �� J� -o\- * W N �- - 45; E - - '-'��-�� S 6g06 A PAR, 9 PM PM 13060 PAR, 2 PERMANENT ACQUISITION AREA = 0.025 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.055 ACRES fl ��SEE SHEE SEE SHEET 2 FOR LINE AND CURVE DATA 12079 PAR,1 556-590-51 PAR, 2 PM 12079 REVISED BY: DATE: DRAWN BY: KA DATE: 2-18-09 NATIONAL CITY P.O.B. \CP8 PAPS, 3 SHEET 1 OF 2 SHEETS NO SCALE CHECKED BY: MA DATE: 2-18-09 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-51 SOUTH BAY PLAZA LLC DOC. NO. DWG. NO. TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 7'53'57" 956.50' 131.87' C2 10'01'39" 672.00' 117.61' C3 7'59'04" 946.50' 131.90' 1 P`PZP c'\"vp. C2 POLE LINE EASEMENT REC, S 72Ak12 5. 10/20/54 IN BK. 5136 "".1 PG. 141 & 143 O.R. PM1`2079 PAR. y PM 13960 \ PAR. 2 �` PAS. -1 556-590-51 PAR. 2 556-590-58 ..O.B. o � PERM. ACQ. .o AND TCE NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENURE PROPERTY. LEGEND T.P.O.B. P.O.B. A rZ 36$b TP 12fl79 PAR, 3 PERMANENT ACQUISITION AREA = 0.025 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.055 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 SHEET 2 OF 2 SHEETS REVISED BY: DATE: DRAWN BY: KA DATE: 2-18-09 NA11ONAL CITY 1" = 40' CHECKED BY: MA DATE: 2-18-09 APPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-51 SOUTH BAY PLAZA LLC DOC. NO. DWG. NO. 1s3 EXHIBIT "A" PERMANENT ACQUISITION APN 556-590-54 THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1982, AS FILE NO. 82-124159 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP8 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 68°00'04" WEST 793.37 FEET FROM A BRASS DISK STAMPED CP7 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 40°05'57" EAST 233.60 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 4, SAID POINT BEING ON THE SOUTHERLY LINE OF SAID PLAZA BOULEVARD, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 4 SOUTH 78°47'07" EAST 25.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 4; 2. THENCE LEAVING SAID NORTHERLY LINE ALONG THE EASTERLY LINE OF SAID PARCEL 4 SOUTH 11°12'53" WEST 0.44 FEET; 3. THENCE LEAVING SAID EASTERLY LINE NORTH 78°46'27" WEST 8.45 FEET; 4. THENCE SOUTH 11°13'33" WEST 5.23 FEET; 5. THENCE NORTH 78°45'23" WEST 15.00 FEET; 6. THENCE NORTH 11°13'33" EAST 5.23 FEET; 7. THENCE NORTH 78°46'27" WEST 1.55 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 4; 8. THENCE ALONG SAID WESTERLY LINE NORTH 11°12'53' EAST 0.43 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.002 ACRES, MORE OR LESS. MICKEY B. AGIPIRI4 RCE' 27648 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 556-590-54 THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1982, AS FILE NO. 82-124159 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP8 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 68°00'04" WEST 793.37 FEET FROM A BRASS DISK STAMPED CP7 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 40°05'57" EAST 233.60 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 4, SAID POINT BEING ON THE SOUTHERLY LINE OF SAID PLAZA BOULEVARD; THENCE LEAVING SAID SOUTHERLY LINE ALONG THE WESTERLY LINE OF SAID PARCEL 4 SOUTH 11°12'53" WEST 0.43 FEET TO THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID WESTERLY LINE SOUTH 78°46'27" EAST 1.55 FEET; 2. THENCE SOUTH 11 °13'33" WEST 5.23 FEET; 3. THENCE SOUTH 78°45'23* EAST 15.00 FEET; 4. THENCE NORTH 11°13'33" EAST 5.23 FEET; 5. THENCE SOUTH 78°46'27" EAST 8.45 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 4; 6. THENCE ALONG SAID EASTERLY LINE SOUTH 11°12'53" WEST 16.24 FEET; 7. THENCE LEAVING SAID EASTERLY LINE NORTH 78°45'23" WEST 25.00 FEET TO A POINT ON SAID WESTERLY LINE; 8. THENCE ALONG SAID WESTERLY LINE NORTH 11°12'53" EAST 16.23 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.008 ACRES, MORE OR LESS. MICF�EY R.AGUI 7648 EXP. 3-31-10 2 R RC /6,S Th ESSIOIyq 8.AG fie\ bzyca 99 f" Na 27640 s Exp. 03/31/10 CIVIC- l��P TABULATED UNE DATA LINE BEARING LENGTH LI N 78'46'27" W 8.45' L2 N 78'46'27" W 1.55' L3 N 11'12'53" E 0.43' PM \ 12079 P r R, 3 PAR, 2 \ \ eps,. P.O.B. 1.3 f PERM. ACQ. S 7 gZq B�' ►'U 1 m E 25.00' TCEJo 4,�•r N Nus EXHIBIT "B" P.O,B. CPS --- PLAZA BLVD. sAD��\ 68�004.4,,21 PiV1/12079 SEE DETAIL PAFi, 8 NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. PAR, 4 556-590-54 78.'23' W 25.0— DETAIL NOT TO SCALE 1 12079 PAR, 5 LEGEND T.P.O.B., P.O.B. A \�CP7 PERMANENT ACQUISITION AREA = 0.002 ACRES TEMPORARY CONSTRUC110N EASEMENT (TCE) AREA = 0.008 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 REVISED BY: DATE: DRAWN BY: KA DATE: 4-28-08 CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE: NATIONAL CITY PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-54 SOUTH BAY PLAZA LLC = 100' DOC. NO. DWG. NO. 1B( EXHIBIT "A" PERMANENT ACQUISITION APN 556-590-58 THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1982, AS FILE NO. 82-124159 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP9 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 77°41'45" WEST 1270_33 FEET FROM A BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 69°08'28" EAST 213.63 FEET TO THE WESTERLY LINE OF SAID PARCEL 2 AND THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID WESTERLY LINE NORTH 17°46'17" WEST 4.24 FEET TO THE NORTHERLY LINE THEREOF, SAID POINT BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD; 2. THENCE ALONG SAID NORTHERLY LINE NORTH 72°13'43" EAST 25.00 FEET TO THE EASTERLY LINE OF SAID PARCEL 2; 3. THENCE ALONG SAID EASTERLY LINE SOUTH 17°46'17" EAST 4.46 FEET; 4. THENCE LEAVING SAID EASTERLY LINE SOUTH 72°44'12" WEST 25.00 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.002 ACRES, MORE OR LESS. MI KEY B. A EXP_ 3-31-10 R E 27648 187 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 556-590-58 THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1982, AS FILE NO. 82-124159 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP9 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 77°41'45" WEST 1270.33 FEET FROM A BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 69°08'28" EAST 213.63 FEET TO THE WESTERLY LINE OF SAID PARCEL 2 AND THE TRUE POINT OF BEGINNING; 1. THENCE NORTH 72°44'12" EAST 25.00 FEET TO THE EASTERLY LINE OF SAID PARCEL 2; 2. THENCE ALONG SAID EASTERLY LINE SOUTH 17°46'17" EAST 24.83 FEET; 3. THENCE LEAVING SAID EASTERLY LINE SOUTH 72°21'02" WEST 25.00 FEET TO SAID WESTERLY LINE; 4. THENCE ALONG SAID WESTERLY LINE NORTH 17°46'17" WEST 25.00 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.014 ACRES, MORE OR LESS. 168 P0,ZA ‘3-v6). 61�36S " T.P.O.B. 1 PERM. ACO. AND TCE - CP9 LEGEND REVISED BY: PAR, 9 PM 13960 PAR, 2 SEE SHEET 2 FOR LINE - 1210.33' S T-1.41.45' 41 PAR{, 1 556-590-51 PM 12079 PERMANENT ACQUISITION AREA = 0.002 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.014 ACRES DRAWN BY: KA CHECKED BY: MA APPROVED BY: DATE: DATE: 2-18-09 DATE: 2-18-09 DATE: AND CURVE DATA 12079 NATIONAL aTY PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-58 SOUTH BAY PLAZA LLC P.O.B. CP8 PAR, 3 SHEET 1 OF 2 SHEETS NO SCALE DOC. NO. DWG. NO. TABULATED UNE DATA UNE BEARING LENGTH L1 S 7244'12" W 25.00' LEGEND T.P.O.B. P.O.B. A • 4 N626� �T.P.O.B. PERM. ACQ. AND TCE PAR. 9 PERMANENT ACQUISITION AREA = 0.002 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.014 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 rn PAR, 1 POLE UNE EASEMENT REC, 10/20/54 IN BK. 5136 PG. 141 do 143 O.R. \` —SDG&E EASEMENT REC. �i\ 12/21/8383-465105 AS FIO.R.LE NO. � PM 12079 \\ \\ \\ \\ \\ PM 13960 PAR, 2 NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. PAR, 2 556-590-58 PIPELINE EASEMENT REC. 2/11/80 AS FILE NO. 80-047852 O.R. `\\ SHEET 2 OF 2 SHEETS REVISED BY: DATE: DRAMA) BY: KA DATE: 2-18-09 CHECKED BY: MA DATE: 2-18-09 APPROVED BY: DATE: NATIONAL CITY PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 556-590-58 SOUTH BAY PLAZA LLC 1" = 40' DOC. NO. DWG. NO. /90 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-322-10 THAT PORTION OF PARCEL 6 OF PARCEL MAP NO. 12079, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1982, AS FILE NO. 82-124159 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP7 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 68°00'04" EAST 793.37 FEET FROM A BRASS DISK STAMPED CP8 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 76°38'29' WEST 278.91 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 6, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD AND THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING SAID SOUTHERLY LINE ALONG THE EASTERLY LINE OF SAID PARCEL 6 SOUTH 11°12'53" WEST 8.49 FEET; 2. THENCE LEAVING SAID EASTERLY LINE NORTH 78°46'27" WEST 33.98 FEET TO A POINT IN THE WESTERLY LINE OF SAID PARCEL 6; 3. THENCE ALONG SAID WESTERLY LINE NORTH 11°12'53" EAST 8.49 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, SAID POINT BEING ON THE SOUTHERLY LINE OF PLAZA BOULEVARD; 4. THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 6 SOUTH 78°47'07" EAST 33.98 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.007 ACRES, MORE OR LESS. iaaMIC(EY B. A' t4( 27648 /9/ TABULATED UNE DATA LINE BEARING LENGTH L1 S 1112'53" W 8.49' L2 N 78'46'27" W 33.98' L3 N 1112'53* E 8.49' REVISED BY: DRAWN BY: KA CHECKED BY: MA APPROVED BY: PAR, 5 EXHIBIT "B" 33.98. DRAINAGE EASEMENT REC. 3/20/84 AS DOC. �\ NO. 84-100816 O.R. SEWER EASEMENT REC.- 1 1/18/77 AS FILE NO. 77-019856 O.R. PM 207 / PAR, s 557-322-10 NOTE: A BLANKET EASEMENT FOR DRAINAGE PER PM 12079 COVERS ENTIRE PROPERTY. DATE: 5-13-08 DATE: 5-22-08 SEWER EASEMENT REC. 3/20/84 AS DOC. NO. 84-100822 O.R. LEGEND T.P.O.B. P.O.B. PM 12079 TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.007 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 NATIONAL CITY TEMPORARY CONSTRUCTION EASEMENT APN 557-322-10 SOUTH BAY PLAZA LLC 1902 DOC. NO DWG. NO. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 25 EM TITLE: Time Extension Request — Tentative Subdivision Map for the Division of A 1.41-Acre Lot Into Ten at the Site of Ten Existing Duplexes at 1205-1243 Fig Court. (Applicant: Robert Gulotta) (Case File No. 2010-03 TE) (APN 551-490-19) PREPARED BY: Martin Reeder — Assistant Planner PHONE: 619-336-4313 EXPLANATION: DEPARTMENT: Development Svcs/Planning. APPROVED BY: In April 2007, the City Council approved a Tentative Subdivision Map and Conditional Use Permit for the conversion of ten duplexes to condominium ownership. The applicant has completed the required interior improvements in 10 of 20 units. These improvements included new flooring, cabinets, appliances and repairs to the units. The applicant is currently working to finish the remaining interior improvements as well as required exterior improvements, which includes street and drainage improvements, fencing and undergrounding of utilities. All Tentative Subdivision Maps are approved with a condition allowing the applicant two years to finalize the map. In addition Senate Bill 1185 extended the map for an additional year. No Final Map has been recorded for the approved project; therefore, the Tentative Subdivision Map will expire on April 16, 2010 unless extended. The Subdivision Ordinance allows applicants to request up to three time extensions for a total of 36 months. The owner is requesting a three year extension of the Tentative Subdivision flap in order to complete improvements required by the original approval. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: ( V Staff recommends tha = -xpiratio : - - for S-2006-12 be extended by three years to April 16, 2013. BOARD / COMMI N/A DATION: ATTACHMENTS: Resolution No. 20-2007 Location Map 3. Applicant's letter of extension request. RESOLUTION NO.20-2007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE ONE 1.41-ACRE PARCEL COMPRISING OF TEN EXISTING DUPLEXES INTO TEN PARCELS AND RECOMMENDING DENIAL OF THE REQUEST TO WAIVE THE UTILITY UNDERGROUNDING REQUIREMENT AT 1205-1243 FIG COURT APPLICANT: ROBERT GULOTTA CASE FILE NO_ S-2006-12 WHEREAS, application was made for approval of a Tentative Subdivision Map to subdivide one I.4I-acre parcel comprising of 10 existing duplexes into ten parcels addressed as and at 1205-1243 Fig Court and recomtnending denial of the request to waive the condition requiring undergrounding of utilities on property generally described as: Lot 34 of Scott Terrace, in the City of National City, County of San Diego, State of Califomia, according to Map thereof No. 3153, filed in the Office of the County Recorder of San Diego County, November 4, 1954. WHEREAS, the Planning Commission of the City of National City, California, considered said application at a duly advertised public hearing held on April 2, 2007, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File Nos. S-2006-12 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, at said public hearing the Planning Commission considered applicant's request to waive the condition requiring undergrounding of utilities which request was based on the applicant's estimated cost of $434,250 to place the utilities underground and constituted a ten percent increase to the project budget; and, WHEREAS, at said public hearing the Planning Commission considered applicant's estimate and other evidence, and found the amount estimated by the applicant to be overstated based on the cost of the Eighth Avenue undergrounding, which was a much larger project, yet cost less than 25% more than the applicant's estimate, and suggested that an amount equal to approximately half of applicant's estimate to he more realistic; and, WHEREAS, the Planning Commission recommended denial of the request to waive the condition requiring undergrounding of utilities based on a lack of evidentiary support for applicant's claim that the requirement would he economically detrimental to the owners and that it would pose an economic hardship for potential new owners; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, 1 WHEREAS, the action hereby taken is hound to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City 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 April 2, 2007, support the following findings: The proposed map is consistent with the National City General Plan and applicable specific plans, since The Residential Single -Family (RS-3-PD) zone allows for the continuation of the existing mixture of housing types_ 2. The site is physically suitable for the proposed type of development, as no proposed property boundaries conflict with the existing development and improvements. 3. The site is physically suitable for the proposed density of development, since there is no expansion of use and the existing development and density will remain_ 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is fully developed and all existing improvements will remain, and no expansion will take place. The design of the subdivision and the proposed/required improvements arc not likely to cause serious public health problems, since all necessary public services will be provided. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision_ The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. 13E IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said Tentative Subdivision Map to subdivide one 1.41-acre parcel into ten parcels comprising of 10 existing duplexes at 1205-1243 Fig Court subject to the following conditions 2 1. This Tentative Subdivision Map authorizes the division of one parcel into ten individual lots, each containing an existing duplex. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A, 2 d Revision, case file no_ S-2006-12, dated 12/6/2006_ 2. A Landscape and automatic Irrigation Plan shall be submitted for the entire property. The plan shall indicate plant species and sizes to replace or fill in areas where there is dead and decaying plant material or missing landscaping (i.e., the rear slope, areas adjacent to the sides of each building, existing paved areas not part of the required two parking spaces per unit and front yard landscaped areas including the embankment in front of 1205-1207 Fig Court). The plan shall also show the relocation of the fencing to include the entire rear property area not currently fenced. The Irrigation Plan shall indicate an automatic irrigation system for each unit, location of irrigation heads and lines, and identify additional irrigation provided in areas_ that are not watered or where sprinkler heads are damaged. 3_ All trash receptacles shall be stored behind the fence and away from public view. 4. Prior to recordation of the final map, the applicant shall submit a Lien Contract and Agreement not to Convey subject to review and approval by the City Attorney. The Lien Contract and Agreement shall limit the ability to convey each lot until the interior and exterior improvements have been completed for that lot. 5. All recommended inunediate, short-term and intermediate repairs as stated in Physical Elements Report pages 5 and 6 shall be completed in addition to all interior and exterior repairs and/or improvements, as mentioned in the letter from Lloyd Holt, RCE dated December 4, 2006, prior to release of each unit, except that all units shall receive improvements as stated rather than as needed. Construction plans submitted for approval shall reflect the addition of a washer/dryer unit as shown in the application. All improvements shall he subject to building department permits, as applicable. 6. Prior to Final Map approval or the conveyance of each unit, the applicant shall submit a completed Termite Inspection Report that indicates the rcmediation for each unit is complete. 7. Prior to Final Map approval, the applicant shall submit a phasing plan showing the phasing of improvements that affect all of the units and how the improvements will be completed for each unit. The approved phasing plan shall be submitted with the building permits. 8. The developer shall provide a declaration of Covenants, Conditions and Restrictions, running with the land, ensuring the maintenance and upkeep of landscape and irrigation, and continued property management, prior to approval of the final map. 'I'he CC&Rs shall include a clause prohibiting the storage of abandoned or inoperable vehicles upon the properties. Said CC&Rs shall be subject to approval as to content and form by the City Attorney. 9. The project is to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 10. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 1 L The Homeowners Association and/or property owner shall be required to maintain, repair, or reconstruct of all irrigation and landscaping improvements installed within the public right- of-way. Sprinkler heads shall he adjusted so as to prevent overspray upon the public sidewalk or the street_ The proposed sprinkler heads shall be installed behind the sidewalk, 3 and the irrigation mainline upon private property only, as required by the City. The Homeowners Association and/or the property owner or, its successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 12. The priority Project Applicability checklist for the Standard Urban Stonnwater Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department_ If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall he prepared by a Registered Civil Engineer. 13. The deteriorated portions of the existing street improvements (75' of sidewalk and 100' driveway) property frontages shall be removed and replaced. 14. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 15. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 16_ A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 17_ The final map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monurnentation. 18. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow_ If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 19. Separate water and sewer laterals shall be provided to each lot/parcel_ 20_ The developer shall bond for the monumentation, the pubic improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 21. All utility distribution facilities (6 existing poles) within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 4 22. The final map shall be recorded prior to issuance of any building permit. 23. All new property line survey monuments shall be set on private property, unless otherwise approved_ 24. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terns of the system_ The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the houndaiy of the property to existing horizontal control stations shall be shown. 25. The Police Department recommends that final approval of the development project should include provisions for the project to comply with crime free multi -housing criteria and crime prevention through environmental design standards. 26. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 27. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 28. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the tiling fee is $50 for a Notice of Exemption or Notice of Determination, $1,800 for a Negative Declaration or Mitigated Negative Declaration, and $2,500 for an Environmental Impact Report. 29. Before this Tentative Subdivision Map 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 pernit_ Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the Planning 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 'tentative Subdivision Map are binding on all present or fixture interest holders or estate holders of the property. The Notice of Restriction shall he approved as to form by the City Attorney and signed by the Planning Director prior to recordation_ 30. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p_m_ unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070_ BE IT FURTHER RESOLVED that the Planning Commission hereby reconunends denial of applicant's request to waive the condition requiring undergrounding of utilities based on a lack of evidentiary support for applicant's claim that the requirement would be economically detrimental to the owners and that it would pose an economic hardship for potential new owners. 5 BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 16, 2007, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Carrillo, Alvarado, Baca, Pruitt, Flores, Reynolds, DeLaPaz CHAIRWOMAN 6 Delta St 0 0 0 0 A CO --(71 PO IV 01 c., PI h.) 4, R Zy. 0 0 Scott Dr Fig Ct ir -MN WIN OM 10, 41.1• a• MN OS - . moo Imo aUaaosor — CO —1 o antas Wy RM-2-PD First St ct. ZONE BOUNDARY - MIS MO • PROJECT LOCATION CITY BOUNDARY LOCATION MAP Tentative Subdivision Map fto Divide One 1.41-acre Lot into Ten at the Site of 10 Existing Duplexes at 1205-1343 Fig Court S-2006-12 NATIONAL CITY PLANNING DRN. DATE: 1/4/07 INITIAL HEARING: 2/5/07 1,1c .3 —13 h-3 F( G- (opt 2 /1/‘cp (2/ 1-rt2 ES CI— 6du 0 too/ C9 l2--(3�' 7,(N _ —2.3�f 7g)6 �7 3- ��6 7T>tJ CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 26 EM TITLE: Notice of Decision — Planning Commission Approval of a Minor Conditional Use Permit to Allow Operation of a Sign Shop Within an Existing Commercial Building Located at 416 National City Boulevard. (Applicant: David Kenworthy, Mario Rodriguez) (Case File No. 2010-02 MCUP) (APN 555-041-09) PREPARED BY: Peggy Chapin — Principal Planner/ DEPARTMENT: Development Svcs/Planning. PHONE: 619-336-4313 APPROVED BY: EXPLANATION: The applicant proposes to operate a sign shop, consisting or retail and sign fabrication, within an existing 2,500 square foot commercial space at 416 National City Blvd. The proposed hours of operation are 8:30 a.m. to 5:30 p.m. Monday thru Friday. Sign shops are permitted within Land Use Group 19 within the General Commercial (CG) zone with the approval of a Conditional Use Permit (CUP). The site is within the Commercial General zone and the Downtown Specific Plan, Zone 1A. The existing building contains two suites covering the entire 5,000 square foot parcel and no parking is provided, other than street parking The Land Use Code requires one parking space for each 250 square feet of floor area. On March 15, 2010, the Planning Commission approved the request since no expansion was proposed, the Downtown Specific Plan encourages retail uses, and the proposed sign businesses offers a specialty services that would not require an abundance of parking and the 2-3 employees would park on adjacent streets. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff rec ncil file the Notice of Decision.. BOARD /�CKMMISSION R: COMMENDATION: On March 15, 2010, the Planning Commission approved the Minor Conditional Use Permit (7-0 vote) ATTACHMENTS: Resolution No.08-2010 Location Map 3. Photo 4. Floor Plan. RESOLUTION NO. 08-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A MINOR CONDITIONAL USE PERMIT TO OPERATE A SIGN SHOP IN AN EXISTING I3UILDING LOCATED AT 416 NATIONAL CITY BOULEVARD APPLICANT: DAVID KENWORTY AND MARIO RODRIGUEZ CASE FILE NO.: 2010-02 CUP APN: 555-041-09 WHEREAS, the Planning Commission of the City of National City considered a Minor Conditional Use Permit to allow a sign shop within a existing commercial building located at 416 National City Boulevard at duly advertised public hearings held on March 15, 2010, 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. 2010-02 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 to be essential for the preservation of public health, safety, and general welfare. 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 March 15, 2010, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed suite is contained within an existing commercial building, and the use could be conducted in an existing leased area. 2. 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 the proposed use involves no building expansion. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within the existing 2,500-square foot suite and is surrounded by commercial uses. 1 That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will continue to provide a service that is in demand among consumers, and since the business will occupy a vacant space within a retail building. BE IT FURTHER RESOLVED that the application for Minor Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a sign shop at 416 National City Blvd, except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2010-02 CUP, dated 1/28/10. 2. Before this Conditional Use Perrnit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, 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 Planning Division 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 he approved as to form by the City Attorney and signed by the Planning Division prior to recordation. 3. This permit shalt become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of 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_ The pen -nit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. Building 5. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 Energy and California Accessibility regulations_ Engineering 6. Should future construction occur with a building valuation that exceeds ten thousand dollars, the owner/developer shall be responsible for street improvements equal to ten percent of the applied building valuation. Fire 7. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 Energy and California Accessibility regulations. Planning 8. Sign retail sales will remain the primary use of the business; sign manufacturing without retail sales is not permitted. 2 9. Sign manufacturing is limited to printing and sewing; metal, wood, acrylic and similar type sign manufacturing is not permitted at the site. 10. The applicant shall comply with Title 12, Noise Control of the Municipal Code. 11. The applicant shall comply with Chapter 18.62 Signs and Outdoor Advertising of the Land Use Code; no advertising displays shall be placed in the public right-of-way. 12. A business license shall he obtained from the National City Finance Department prior to operation. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 15, 2010, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores NAYS: ABSENT` ABSTAIN:—r✓cy� �.�`r� [AIRMAN 3 CG-PD 1 1 1 1 1 1 1 1 1 1 OS 34t0 0 % N 521 Subject Parcel — — — Zone Boundary 1 1 1 1 �3$ Cjt 510 tt..\-r st �21 -•5 O 509 OA St 1 i i I Feet 0 75 150 300 1 1 APN: 555-041-09 Planning Commission Location Map 4 2010-02 CUP 03.03.10 50' WIDE BATHROOM RICHARD'S FURNITURE BATHROOM PROPOSED: SIGNS & BANNERS STORE NATIONAL CITY BLVD 6 100 FOOT DEPTH NATIONAL CITY PLANNING DIV. EXHIBIT A CASE FILE NO.2010-02 CUP DATE: 1/28/2010 City of National City, California COUNCIL AGENDA STATEMENT ,nEETING DATE April 6, 2010 AGENDA ITEM NO. 27 ITEM TITLE TEMPORARY USE PERMIT —National City Chamber of Commerce's Taste of Nationa� City on May 6, 2010 at Brick Row Heritage Square from 4 p.m. to 7 p.m. This is a National City Co - Sponsored event eligible for a $1,500 fee waiver. PREPARED BY EXPLANATION Vianey Rolon 336-4364 DEPARTMENT Neighborhood Services Division This is a request from the National City Chamber of Commerce to conduct the Taste of National City event at Heritage Square on May 6, 2010 from 4 p.m. to 7 p.m. This event will include food booths, community organization booths, live music entertainment, Pasakat dance troupe, City's information trailer, raffle prizes, award recognitions, Sweetwater's Mariachi band, and Mayor Ron Morrison will address guests. This event requires a street closure on 'A' Avenue at Plaza Boulevard and 9th Street area. The applicant requires the use of a City stage and the PA system. The event and sponsoring organization meet the criteria in the City Council Policy No. 804 for a waiver of fees up to the amount of $1,500.00. This event is a City co -sponsored event. Environmental Review X NIA Financial Statement The City has incurred $237.00 for processing the TUP through various City departments, plus $200.00 for the Fire Permit, $952.64 for Police and $940.07 for Public Works fees. The Co -Sponsored fee waiver is $1,500. Total fees to pay: $829.71 Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) Type of Event: Public Concert Parade Motion Picture Event Title. X Fair Demonstration Grand Opening Festival > Community Event Circus Block Party Other two 1 CL`_sf:_i )ll�uLt1 I4t (�t,�4►�,( C'.� �r Actual Event Hours T am4p11_9to r Event Location.. "1c <. Slj`v'y -1-k ' It.t S�, ''k f w ' 11r\ n A'' [AV, , ` r.-ti, 1 z t� ..A.LA Event Dates From 01.01i:� to �j`j U 10 Total Anticipated Attendance: 3 0 0 M nth!Day/4ear ( 50 Participants) (250 Spectators) arnt Setup/assembly/construction Date :> 1t;'' 10 Start tirne 12_ .Grfl OE} L;p Please describe the scope of your setup/assembly work (specific detailsi: 1 114 t rO Xz-1T� 71[- 4G Cllt `�dc'd4ru fi��t _r f�;j df[-Yuy Y ititll"M:� �C� :1C!i1: 1 .7CJttJ - C�\Ctit:i IY4U(>31tiE.f% 1l:trl' t, O1i TC{ ct ryikA`t bi�c t<osa' i Dismantle Date 51t.e/I0 Completion Time 9 30 ar>L/pm 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 Blvd CliY s> { i t"i+CI . JXtiC1y i�i'lt } nt'ri Prrl iJ Plow Blvd -i\vj a.tv1 11- 'A" f\VQ. Atvail 51(ti10- ek f 04 133t>I c1\VAN --oY 5c-4-t)0 -cot v.r c h `tie_-Re_1\ t opnA. Sponsoring Organization: oKA 1('fi1 (`IY1t 141- r eagri N- Chief Officer of Organization (Name) .JQC Uet Inc L- Rtki o Applicant (Name) \IGC_ 01(It2 (_„_ {sq o,:s i t Address: (101 \\"JC5i-1(�S1lkI (Nc1. 7 �)Cth ! (t CA (It 1 50 Daytime Phone (( 11)L111-` )3t( Evening Phone {(16(1 8 O-(06I1fFax: ((D(`1) 11-J018 Contact Person on site day of the event t�iQ ' 4-hCI BO t tQ��'\ OS Pager/ eltular (�.j}11� -i4a'" 01014 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS For Profit x Not -for -Profit Is your organization a `Tax Exempt, nonprofit` organization? )(_ YES NO Artiadmission1 entry, vendor or participant fees required? X YES NO If YES. please explain the purpose and provide amount(s)- p) f ON.Wy" C04, r, rt ` E'f'x�E r of t1t06 4— t ri itY tI I t t �i 1) %1'4 1 �' t5 (AK?�y,tti-tft�' pf: 10 �i1ilr•i u� fi i(i� IA u- �Z Llr��t +or Yb �5 cwA-+ice. ciCt:j �5 Qx^tilt $ t 00-o o Estimated Gross Receipts including ticket. product and sponsorship safes 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? 0v W'•'" FR J4i��7;i 4+?!Yi:�t r t• 0 }!1' 't 4 ' ,+MI ' V t+ `..Y f ^�r0. a°t w_ n.w 'f �'SY' w-`��s 1'�.Y t Ji � 5 r 1 �C. + r .444. ""M'y 7.4 tp�y ��pj9'�e..Pyy.w ♦ 3f MGM �Y. ° try'. M + i!•w:.WF rr= rar z11+ 11 pW�N{+! , Maltlfiarl�+lt. `FMpp k la �+t�hm♦1try'. ' °PhMls.�n';13. HFsa�} iw.7"f• a, x�'!r f "+'Tn igp"i"`Fwp 1i� FW i"ta+a+t' .w�. Np tr iwYw 4q :'t W t*« y\ �F1. • ' 1!` ,r� +. Lr 4 „' *�'i.�'��?* 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. nitf ii- IrvI i i i C.iL ',- food kICAA6 e(rntm)nt-1 or(]Clflf?(+tn+fl. 10( yyiC'.r-4Otnn'}rJi-1- .43uhc f c-loxv to tis 14411 1,.11 tx� \wrci on, , . i;u- tv -to, MOY >io c h bcAr , V (-)t pkvA 1-1 ro Ilo o,f Rory MoriL`i n vv i 11 AcklYe3 , YES X 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 N I -A YES .4 NO Does the event involve the sale or use of alcoholic beverages? YES X NO Will items or services be sold al the event? If yes, please describe: YES X, NO X YES X YES 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. NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. NO Does the event involve the use of tents or canopies? If XES: Number of tenUcanopies Sizes la X 10 ` c + NOTE A separate Fire Department permit is required for tents or canopies. YES NO Will the event involve the use of the City stage or PA systemy 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 inten to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify). -1,--"XXI t ; r IYt Yi{1rfY. 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 (t od+t , 2 c y ; r ) Fencing, barriers and/or barricades (t3iocis `- bore Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths. exhibits, displays or enclosures C Scaffolding, bleachers, platforms, stages. grandstands or related structures Vehicles and/or trailers C CAL-45 Other related event components not covered above Trash containers and dumpsters (.t sacra T \-V:h $:n ) (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 Li 0 Trash containers with lids 2 <lll%f h1`5 Describe your plan for clean-up and removal of waste and garbage during and after the event E L3-110f.j1 OCicc(i t t 01,0 -k-V\rO vout r�► tax- . XJ b)-4iA d ><jiot 3Oldi CDCU wtt( cot - h't f5\ Please describe your procedures for both Crowd Control and Internal Security x_, jt t�l '5 t)rtor -Vwon' thj (_ i ()wci c Lvd--Y0l XYES NO liave you hired any Professional Security organization to handle security arrangements for this event? If YES. please list Security Organization ,ou'th 15A1 T4/{.Y,i! G, I. Security Organization Address SO Mc, (' hu,1Q V t'Sl-c._. ; C1- a t9 t© x Security Director (Name) Annie, MoSlear xo phone :t`jt�4aO~ 7 34 YES _ NO is this a night event? If YES. please state how the event and surrounding area will be_ illuminated to ensure safety of the articipants and spectators: "c L tck tis c rxl r i 111)/ 3 \ji i9k+ `11\11"(P Please indicate what arrangement you have made for providing First Aid Staffing and Equipment ftcc+ Pti cA1<°()n 5, C1t1� ti`�� !)ici e'Y�f r i'\ if 11U-11.445 vNI = ' r)I1 Please describe your Accessibility Plan for access at your event by individuals with disabilities: 47'kT��+j++,�f'1=4,4 f s 17, tt+ Please provide a detailed description of your PARKING plan: -`'- O" RILI r VO;ilci*".. <,11 C1"i S r� k A Pku'c Tx. 1 _ iltiit CVO } 'J11 c k Please describe your plan for DISABLED PARKING: D1'cOrKtt) (,b'Cract >_ chi- W.11 (Cjilakti CtYkac.3 Please describe your plans to notify all residents. businesses and churches impacted by the ev ntj lj lE ILL' .) }(`' )V\i .-':`7ti K " NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. a " kr ;.} w Wa•w±tejyq.i Mww4tr I 04.p. w,y 4.i dppTy.,,�, eti � a wit 's1 w.lr, 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: 0 Number of Bands. Z. Type of Music. h'1cY lad-1 1 CaY Lotin.ozz. X YES NO Will sound amplification be used? If YES, please indicate: Start time: 4 .00 amfp Finish Time r7 • 00 am !!!') XYES __ NO Wii! sound checks be conducted prior to the event? If YES, please indicate Start time: am/(pm Finish Time c 50 am/R) Please describe the sound equipment that will be used for your event: YES X NO Fireworks. rockets. or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners. decorations, special lighting? If YES, please describe r _i 115 Cif\cA ballWf5 vN t 11 bt- hu 1(3C Yt ic1 b /k-Afs CIINA Revised 08/10/05 5 Event: _'or Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Address C\O\ Vx t i(vA t TelephonetU) IS 8 3-CDU�� City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1.000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this Nipermit. Organization �" ', �� h l (1141.1 o-A--)'�' 4 tr. om=r('F` Person in Charge of Activity (7..1CICIV: ll'lU L-TPktIN-15 1 1\01-Dial et-tl, C-\ c1IT :i Date(s) of Use �1�ixiG U\j li t CQ610 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 ail 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 I CFO Official Title Date Jio /v For Office Use Only Certificate of Insurance Approved Date REQUEST FOR A WAIVER OF FEES Non-profit organizations. which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization I\A-le)fial CtR �1�i1Y1 ' Y ; \'Jfl1)ikit Type of Organization&ll7 la j t C of(1 rli7CAHOY1 f\Or -)(t., r�{ (Service Club, Church, Social Service Agency, e .) 3. Will the event generate net income or proceeds t the sponsoring organization? X Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. X No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? X Yes (Please provide an explanation and details. 011 (111.111 (Y ( 11 1810Q pp-1-03 low] y s- t\ororyl-s ir) A c� i NAI No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? X Yes (Please provide an explanation and details. V601-01 0-1t1 C'iAGMl%?Y' 4 (.1N1r'tv'1a-. �`i�)�c �i C1yl;C _pini foly6 No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Igo Yes Year funds were received: Funds were used to: 5ignatct No (P lease sign the form and submit it with the TUP Application) Date 9 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Chamber of Commerce EVENT: Taste of National City DATE OF EVENT: May 6, 2010 TIME OF EVENT: 4 p.m. — 7 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 1. Verify that City DPW and NCPD will coordinate traffic control. 2. Building Division's only concern is that the two portable toilets meet California Accessibility requirements. 3. Call Engineering Dept. at least 72 hours prior to the event for any necessary coordination with the contractors in the event of construction in the vicinity call Charles or Mauro at 619-336-4380 NEIGHBORHOOD SERVICES (619) 336-4364 Organizers must provide businesses on the surrounding area with written notification of the date(s) and time(s) of your event. A copy of the notice must be provided to Neighborhood Services Division. RISK MANAGER (619) 336-4232 I have reviewed the TUP Application sent on March 17, 2010. Two (2) comments: 1. No Certificate of Insurance nor Additional Insured Endorsement showing "the City, its officials, agents and employees" was included for $1,000,000 "combined single limit" insurance. 2. Has the City historically accepted an annual Certificate of Insurance with Additional Insured Endorsement for the Chamber's Commercial General Insurance (CGL)? Some agencies do, however, I have always felt it to be cleaner and less risky to receive an updated COI and Al Endorsement for each event, separately, to make sure coverage has not been cancelled since the policy inception. I am comfortable doing it the way the City of National City has historically verified the Chamber's insurance. The City of National City is currently outsourcing partial risk management cover. Liability issues are being handled by Ed Garbo (egarbo(a),nationalcityca.gov) and I am covering Workers' Compensation issues. If you need immediate assistance, please contact Risk Management Office Assistant Elena Amaya at (619) 336-4232 or at EAmaya(cThnationalcityca_gov and she will relay the issue to one of us. Thank you! POLICE • We will try to have people at the event pending calls for service as we have done in the past. • As for the Explorers and crowd control as listed on page 4, the Explorers have no arrest powers, no weapons and are used more as giving the public directions and assistance. • In order for the Explorers to be present at the event they need to a sworn police officer specifically monitoring them (have to be dedicated to the Explorers). If we have one police officer, we have to have an additional officer present as a cover unit. I can check the availability of the Explorers if the organizers would like to pursue paying of the two officers (on an overtime basis) that would have to be present to watch over the kids. • "Professional security" hired as noted on page 4 has two security guards that will be available for the event, confirmed on (03/23/10). • A cost estimate to have the two officers (2 officers at $59.54 for a total of 8 hours) present at the event to supervise the Explorers is - $954.62 If you need the analysis on a the usual form let me know. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. 2) Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 3) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, tire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes. 4) Provide 2A: 1 OBC fire extinguishers in the food areas. Extinguisher to be mounted in a visible location between 3'/z` to 5' from the floor to the top of the extinguisher. Maximum travel distance from one extinguisher to another shall not be more than 75 feet travel distance. All fire extinguishers to have a current "State Fire Marshal Tag" attached. Please see attached example 5) Provide a 2A:I OBC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 3 %Z' 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. If tents or canopies are used, tents having an area in excess of 200square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. Canopies: Tents: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 7) Canopies (10x10's) can be grouped together and are not to exceed four in a group (400 square feet). A separation of ten feet shall be required between groups of four (400 Square feet). If canopies grouped together exceed 400 square feet, a charge and permit will be required by the National City Fire Department prior to the event. Please contact the National City Fire Department for requirements. 8) Internal combustion power sources (Generator) that may be used for the event shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Fueling shall be performed prior to beginning of event. 9) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from tents, rides and people. 10) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" Only. 11) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas and grounds surrounding the event. 12) First Aid will be provided by organization 13) Fees can only be waived by City Council. PUBLIC WORKS (619) 336-4580 Street Division 1. Staff will deliver barricades to street corners or to applicant prior to the event. The applicant shall install these barricades and remove them to a safe location at the conclusion of the event. Staff will pick them up on the following workday. 2. Staff will post "no parking" signs along affected streets before the event. 3. Staff will install provided banners on National City Boulevard/Mile of Cars (1800 Block and 3100 Block) 4. The cost to provide Street personnel support for this event is estimated to be $491.73. The amount should be paid to the City unless waived by the City Council. • Man hours 2hrsx$32.57= $ 65.14 • Equipment 1 x $19.09 19.09 • "No Parking" signs 12 x $0.45 ea 5.40 • Barricades 6 x $0.35 ea 2.10 • Banner Installation 400.00 • TOTAL = $ 491.73 Parks Division No involvement Facilities Division Estimated costs to provide facilities personnel are as follows: • Electrician Overtime hrs 7 hrs x $32.32/hr 226.24 • 2 Custodians Overtime hrs 2 x 5 hrs ea x $22.21/hr = 222.10 • TOTAL = $ 448.34 Fees Unless waived by the City Council, the applicant shall pay $1,290.85 for staff costs associated with this permit request. This cost was estimated as follows: Street Division: $ 491.73 (account #001-422-221-102) Facilities Division $ 448.34 (account #626-422-223-102) Total: $ 940.07 :TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT April 6, 2010 AGENDA ITEM NO. 28 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $717,381.39 to the City of National City for the period of 02/24/10 through 03/02/10 PREPARED BY: D. Gallegos PHONE: 619-336-4331 DEPARTMENT: F APPROVED BY: EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $717,381.39 ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A rACHMENTS: Warrants for the period of 02/24/10 through 03/02/10 PAYEE BEARD DESROCHERS FIRST AMERICAN TITLE INS CO GE CAPITAL HOGLE IRELAND INC HUSK PARTNERS NEIGHBORWORKS AMERICA PACIFIC BUSINESS CAPITAL CORP PRUDENTIAL OVERALL SUPPLY SAN DIEGO UNION TRIBUNE SDG&E STAPLES ADVANTAGE SWEETWATER AUTHORITY G.A. DOMINGUEZ 'TION 8 :TION 8 HAPS PAYMENTS -* CALIFORNIA -� NATIONAL CITY L- INCQRPORATED �J COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #35 3/2/2010 DESCRIPTION REIMB-NEW PARTNERS SMART GROWTH RETIREMENT BENEFIT - MARCH 2010 CASA FAMILIAR TITLE INSURANCE INSTALLMENT FOR COPIER RENTAL SERVICES PERIOD: 12/01/09 / 12/31/09 CONSULTING SVCS - FEB 2010 HOUSING REHAB COURSE-G IBARRA EQUIPMENT RENTAL LAUNDRY SERVICE ADVERTISING 1640 E. PLAZA BLVD UTILITIES OFFICE SUPPLIES- S8 SERVICES FROM 12/08/09 - 02/01/10 NC KIMBALL HOUSE MUSEUM, Start Date End Date 2/24/2010 3/2/2010 CHK NO DATE AMOUNT 231726 3/2/10 639.50 231727 3/2/10 110.00 231728 3/2/10 2,837.00 231729 3/2/10 210.43 231730 3/2/10 3,928.75 231731 3/2/10 7,500.00 231732 3/2/10 1,285.00 231733 3/2/10 195.00 231734 3/2/10 26.68 231735 3/2/10 921.60 231736 3/2/10 282.00 231737 3/2/10 205.02 231738 3/2/10 369.76 231778 3/2/10 24,097.30 A/P Total $ 42,608.04 674,773.35 GRAND TOTAL $ 717,381.39 CALIFORNIA * * 11. natt ;NCQRpORATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 35 3/2/2010 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 674,926.64 1,285.00 34,404.00 6,765.75 717,381.39 :TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT April 6, 2010 AGENDA ITEM NO, 29 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $88,784.14 to the City of National City for the period of 03/03/10 through 03/09/10 PREPARED BY: D. Gallegos DEPARTMENT: PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: /il_------ Finance APPROVED: MIS Approve the reimbursement of funds to the City of National City in the amount of $88,784.14 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A fACHMENTS: Warrants for the period of 03/03/10 through 03/09/10 +}-- CALIFORNIA -t+ NsrioNitit CI INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #36 3/9/2010 PAYEE EDCO DISPOSAL CORPORATION EMBASSY SUITES HOTEL GEOSYNTEC CONSULTANTS HOUSING AUTHORITY OF THE OPPER & VARCO SAN DIEGO CLIPPING SERVICE SDG&E STRATACOM MICHAL PIASECKI CONSULTING STAPLES ADVANTAGE Pay period Start Date 05 2/9/2010 DESCRIPTION WASTE DISPOSAL FOR CDC TRAINING FOR HOUSING AUTHORITY ENVIRONMENTAL CONSULTING TRAINING FOR HOUSING AUTHORITY EDUCATION VILLAGE NEWS READING AND CLIPPING SVC UTILITIES - 01/22 - 02/23/10 MOP 63845 BUSINESS CARDS - CDC BUS. LICENSE REFUNDS PROCESSING MOP 45704 OFFICE SUPPLIES - FIRE End Date Check Date 2/22/2010 3/3/2010 CHK NO 235069 235070 235071 235072 235073 235074 235075 235076 235108 235128 DATE 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/10 3/9/1 0 3/9/10 3/9/10 AMOUNT 104.75 237.59 1,799.72 160.00 1,676.50 62 00 49.04 35.12 1,395.00 20.14 A]P Total $ 5,539.86 83,244.28 GRAND TOTAL $ 88,784.14 +r CALIFORNIA.-' NATIONAL CITY av ZNCORPOP.ATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 36 3/9/2010 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 21,560.17 1,155.18 63, 246.47 2,822.32 88,784.14 TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT April 6, 2010 AGENDA ITEM NO. 30 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $20,576.17 to the City of National City for the period of 03/10/10 through 03/16/10 PREPARED BY: D. Gallegos PHONE: 619-336-4331 DEPARTMENT: APPROVED BY: EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: APPROVED: \ �' ACCOUNT NO. APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $20,576.17 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A ACHMENTS: Warrants for the period of 03/10/10 through 03/16/10 �- CAIJFQ N1A.-� PAYEE KOCH ARMSTRONG TORREY PINE BANK U S BANK CORPORATE PAYMT SYS CDPH COUNTY OF SAN DIEGO FEDEX BARRA KONICA MINOLTA PACIFIC MUNICIPAL CONSULTANTS SAN DIEGO TROLLEY INC VERIZON WIRELESS DELTACARE (PMI) IKON OFFICE SOLUTIONS SECTION 8 CTION 8 HAPS PAYMENTS N. "r 1 f' INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #37 3/16/2010 DESCRIPTION CONSTRUCTION IMPROVEMENT MARINA GATEWAY RETENTION CREDIT CARD FEES RENEWAL OF LEAD CERTIFICATION EDUCATION VILLAGE 801 ROOSEVELT EXPRESS MAIL COURIER SVCS LEAD REFRESHER COURSE QTRLY MAINTENANCE ENTERPRISE ZONE EIR FLAGGING SERVICES WIRELESS SVC - 01/24/10 - 02/23/10 DENTAL INS PMI - MAR 2010 COPIER MAINTENANCE/SUPPLY BILLINGS Start Date End Date 2/24/2010 3/2/2010 CHK NO DATE AMOUNT 235140 3/16/10 3,508.20 235144 3/16/10 389.80 235145 3/16/10 579.72 235146 3/16/10 225.00 235147 3/16/10 2,951.20 235148 3/16/10 89.87 235149 3/16/10 175.00 235150 3/16/10 492.06 235151 3/16/10 9,673.50 235153 3/16/10 109.20 235154 3/16/10 371.80 235201 3/16/10 4.07 235224 3/16/10 2,006.75 A/P Total $ 20,576.17 0.00 GRAND TOTAL $ 20,576.17 r CP, LF©RNrIA. L INaooltti COAPOAATED try COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 37 3/16/2010 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 2,378.55 400.00 17,779.18 18.44 20,576.17 STING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT April 6, 2010 AGENDA ITEM NO. 31 ITEM TITLE: Resolution of the Community Development Commission of the City of National City (CDC) approving an amendment to the Disposition and Development Agreement with San Diego Ilabitat for Humanity, Incorporated, allowing for first-time homebuycr promissory notes to be forgiven on the forty-fifth anniversary date of the recording of the Affordable Housing Resale Restrictions, Option to Designate Eligible Purchasers and Option to Purchase Upon Default agreement (Resale Restriction). (Community Development) PREPARED BY: Alfredo Ybarra PHONE: 619 336-4279 EXPLANATION: On April 21, 2009, the City Council authorized the Chairman to execute a Disposition and Development Agreement for the development of three (3) single family units consisting of two — 2 story units and one — 1 story unit. The 8,625 parcel is located on the northeast corner of 14th and Harding Avenue. Currently, one unit is ready for sale and the other two are under construction. Each unit will be sold to families earning at or below 60-percent Area Median Income (AMI) and will be restricted in price to remain affordable to buyers earning at or below 60-percent Area Median Income for a period of forty-five years. DEPARTMENT: Communit APPROVED BY: elopment Attachment 10, "Resale Restriction", to the DDA requires each owner to repay the original principal amount of the first-time homebuyer note without interest on the forty-fifth (45`h) anniversary of the recording of the Resale Restriction on the property. Habitat for Humanity believed the loans would be forgiven on the forty-fifth anniversary date. As a result, Habitat for manity is requesting that the Community Development Commission amend the DDA to reflect that loans to eligible lilies be entirely forgiven on the forty-fifth (45th) anniversary date that the Resale Restriction is recorded against the restricted unit. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Not applicable ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Community Development Commission adopt resolution BOARD / COMMISSION RECOMMENDATION: Not Applicable TACHMENTS: First Amendment to Disposition and Development Agreement (1441 Harding) RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH SAN DIEGO HABITAT FOR HUMANITY, INC., ALLOWING FOR FIRST-TIME HOMEBUYER PROMISSORY NOTES TO BE FORGIVEN ON THE FORTY-FIFTH ANNIVERSARY DATE OF THE RECORDING OF THE AFFORDABLE HOUSING RESALE RESTRICTIONS, OPTION TO DESIGNATE ELIGIBLE PURCHASERS AND OPTION TO PURCHASE UPON DEFAULT AGREEMENT WHEREAS, the Community Development Commission of the City of National City ("CDC") is implementing the Redevelopment Plan for the National City Redevelopment Project; and WHEREAS, the CDC acquired the property located at 1441 Harding Avenue using $400,000 in federal HOME funds to develop an affordable housing project; and WHEREAS, San Diego Habitat for Humanity, Inc., is a certified Community Housing Development Organization qualified to develop an affordable housing project utilizing federal HOME funds, and was selected on October 17, 2006, by the CDC to develop said property; and WHEREAS, on December 19, 2006, the CDC entered into an Exclusive Negotiations Agreement (ENA) with Habitat for Humanity to prepare plans for the development of affordable housing on the site; and WHEREAS, on December 1, 2008, the National City Planning Commission recommended approval of the Project; and WHEREAS, on December 2, 2008, City Council allocated $272,119 in HOME Investment Partnerships Program income funds; and WHEREAS, on April 21, 2009, the CDC entered into a Development and Disposition Agreement (DDA) with San Diego Habitat for Humanity to develop three for -sale single-family units affordable to families earning 60-percentof the Area Median Income as defined by the U.S. Department of Housing and Urban Development WHEREAS, San Diego Habitat for Humanity has worked diligently to process land use entitlements and permits for the project; and WHEREAS, San Diego Habitat for Humanity is requesting that the CDC amend the DDA to reflect that loans to eligible families be entirely forgiven on the forty-fifth (45th) anniversary date that the Resale Restriction is recorded against the restricted unit. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Amendment to the Disposition and Development Agreement with San Diego Habitat for Humanity to develop an affordable housing project at 1441 Harding Avenue in National City, including provisions that loans be entirely forgiven on their 45th anniversary date if certain criteria are met. Said Amendment to Disposition and Development Agreement is on file in the office of the City Clerk. -- Signature Page to Follow -- Resolution No. 2010 — April 6, 2010 Page Two PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (1441 Harding) THIS FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT ("Amendment") is entered into as of this day of , 2010, by and between the Community Development Commission of the City of National City, a public body, corporate and politic ("CDC"). and San Diego Habitat for Humanity, Inc., a California nonprofit corporation ("Developer"). RECITALS A. Developer and the CDC entered into that certain Disposition and Development Agreement, dated , 2009 (the "DDA"). B. Deve'loper and the CDC desire to revise and update the "Resale Restriction" that was attached as "Attachment 10" to the DDA. C. Unless otherwise defined herein, all capitalized terms used in this Amendment shall have the meanings attributed to them in the Agreement. Now, therefore, in consideration of the foregoing and other good and valuable consideration, Developer and the CDC agree as follows: 1. Replacement of Attachment 10. Attachment 10 to the DDA is hereby deleted in its entirety and replaced with Exhibit "A" attached hereto. 2. Confirmation of Obligations. Except as expressly amended or modified herein, the DDA shall remain unmodified and in full force and effect. Except to the extent modified by this Amendment, Developer hereby confirms each of the covenants, agreements and obligations of Developer set forth in the DDA. 3. Counterparts. This Amendment may be executed in any number of counterparts and, as so executed, the counterparts shall constitute one and the same instrument. 4. Exhibits and Recitals Incorporated. All exhibits referred to in this Amendment are hereby incorporated in this Amendment by this reference, regardless of whether or not the exhibits are actually attached to this Amendment. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference. 1 'F[LEOI`REDIREC1S$!kareny\Desktop\DDA Amendment doc 5. Authority to Sign. All individuals signing this Amendment for a party which is a corporation. limited liability company, partnership or other legal entity, or signing under a power of attomey, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the CDC that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the day and year first above written. DEVELOPER: San Diego Habitat for Humanity, Inc, a California nonprofit public benefit corporation By: �.._.. Print Name: Title: CDC: Community Development Commission of the City of National City By: Print Name: Title: 2 \Tidal\ tEDIRECTSS\karenylDesktop\DDA Amendment doc Exhibit A Resale Restriction Recording Requested By: Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4397 And When Recorded Mail To: Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4397 AFFORDABLE HOUSING RESALE RESTRICTIONS, OPTION TO DESIGNATE ELIGIBLE PURCHASERS AND OPTION TO PURCHASE UPON DEFAULT (1441 Harding Avenue) This Affordable Housing Resale Restrictions, Option to Designate Eligible Purchasers and Option to Purchase Upon Default ("Resale Restriction") is executed this _ day of , 2010, by the Community Development Commission of the City of National City ("CDC"), and by , as owner "Dwner") of the real property located in the City of National City, County of San Diego, State of California, more particularly described on Exhibit "A" attached hereto (the "Restricted Unit"). RECITALS A. Owner is purchasing the Restricted Unit from San Diego Habitat for Humanity, Inc. ("Habitat") concurrently with the execution and delivery of this Resale Restriction. The Restricted Unit is part of a larger parcel of real property (the "Habitat Property") that was previously sold by the CDC to Habitat. B. The CDC purchased the Habitat Property from the previous owner utilizing HUD HOME funds. HUD HOME funds are to be used solely for the construction, use and occupancy of affordable housing in accordance with 24 Code of Federal Regulations Part 92. Owner and the CDC are executing this Resale Restriction and causing it to be recorded against the Restricted Unit in order to ensure compliance with the HUD HOME program, including without limitation compliance with 24 Code of Federal Regulations Part 92. 3 OFILEORREDIRECTS Woo coy \DesktopDDA Amendment doe C. The purpose of this Resale Restriction include, without limitation, to: (i) establish resale and occupancy restrictions for the Restricted Unit; (ii) reserve to the CDC an option to designate eligible purchasers, as hereafter defined, to acquire the Restricted Unit; (iii) to restrict the Restricted Unit with this Resale Restriction for a period of forty-five (45) years, and (iv) to grant to CDC an option to acquire the Restricted Unit in the event of a default by the Owner of the terms of this Resale Restriction. D. Concurrently herewith Owner is executing a promissory note in favor of the CDC ("CDC Note"). The CDC Note and the Resale Restriction shall be secured by a deed of trust ("Deed of Trust") executed by Owner in favor of the CDC. The Deed of Trust shall be recorded in the Office of the County Recorder of San Diego County against the Restricted Unit, concurrently with recordation of this Resale Restriction. NOW, THEREFORE, CDC and Owner hereby declare and restrict the Restricted Unit as follows: 1. Representations and Warranties of Owner. Owner declares, represents and warrants to the Commission and agrees as follows: (a) Annual Gross Income. Owner's annual gross income, including the income of any co -purchasers, at the time of the execution of this Resale Restriction does not exceed sixty percent (60%) of the Area Median Income. "Area Median Income" means the lesser of: (i) the median income for the San Diego metropolitan area, as adjusted for family size, as said median income is determined by HUD; or (ii) the median income for the San Diego metropolitan area, as adjusted for family size, as said median income is determined by the California Department of Housing and Community Development. (b) Principal Place of Residence. Owner will reside in the Restricted Unit as Owner's principal place of residence until the earlier of: (i) the sale of the Restricted Unit in accordance with the terms of this Resale Restriction; or (ii) forty-five (45) from the date this Resale Restriction is recorded against the Restricted Unit. Owner shall be considered as occupying the Restricted Unit as a principal place of residence if the Owner is living in the Restricted Unit for at Ieast ten (10) months out of each calendar year. Owner shall not to sublet, lease or rent out all or any portion of the Restricted Unit during the term of this Resale Restriction. (c) Liquid Assets. At the time of the execution of this Resale Restriction, Owner, including any co -purchasers, does not hold, directly or indirectly, "liquid assets", as defined below, whose aggregate value exceeds one hundred percent (100%) of the then -current annual Area Median Income. As used herein, the term "liquid assets" refers to cash and assets which are readily convertible to cash within a reasonable period, including but not limited to savings and checking accounts, certificates of deposit of any term, marketable securities, money market and similar accounts, mutual fund shares, and insurance policy cash values. The term "liquid assets" shall not include retirement funds which are not readily accessible or which cannot be accessed by the buyer without the buyer incurring a penalty. 4 PFILEO]UIEDIRECiS.$\kueny'J)esktop\DDA Amendment due (d) Not a Full -Time Student Owner is not, and none of the co -purchasers of Owner is, a full-time student, or a household comprised exclusively of persons who are full-time students, unless such persons are married and eligible to file a joint federal income tax return. The term "full-time student's shall be defined as any person who will be or has been a full-time stu' it during five calendar months of the calendar year in question at an educational institution (other than a correspondence school) with regular faculty and students. (e) Not a Student Dependent. Owner is not, and none of the co -purchasers or co- tenants of Owner is, a student dependent as defined in the U.S. Internal Revenue Code, unless the taxpayer (upon whom the student in question is dependent) resides in the Restricted Unit. (f) Not an Owner of Real Property. Owner does not, and none of the co -purchasers of Owner, own any real property at the time of escrow closing for the Restricted Unit. (g) First -Time Home Buyer. Displaced Homemaker or Single Parent. Owner satisfies at least one of the following criteria: (1) Owner is a first-time home buyer; that is, he or she has not owned a home within the three-year period immediately preceding the date of this Resale Restriction; (2) Owner is a displaced homemaker; or (3) Owner is a single parent. 2. Acknowledgment and Certification. Any purchaser of the Restricted Unit from Owner and any subsequent purchaser from such purchaser or successors (hereinafter each is referred to as "Purchaser") shall certify his/her acknowledgment receipt of this Resale Restriction and all the provisions and restrictions contained herein, on a form approved by the CDC in its sole discretion. Restrictions on Transfer. (a) Forty -Five Year Affordable Term. For a period of forty-five (45) years commencing on the date this Resale Restriction is recorded in the Office of the County Recorder of San Diego Cr i.:ty against the Restricted Unit (the "Affordable "Tenn"), any transfer of the Restricted Unit shall be subject to the provisions of this Resale Restriction. Any subsequent transfer by a Purchaser to a subsequent Purchaser shall also be subject to the provisions of this Resale Restriction until the end of the Affordable Term. (b) Transfer Defined. "Transfer" shall mean: (i) all or any part of the Restricted Unit or any interest in the Restricted Unit is sold, conveyed or transferred; (ii) if Owner is not a natural person and a beneficial interest in Owner is sold, conveyed or transferred; (iii) all or any part of the Restricted Unit is refinanced or further encumbered, except as otherwise allowed by law; (iv) Owner does not occupy the Restricted Unit as his, her, or their, primary residence; (v) the leasing of all or any part of the Restricted Unit; (vi) any material breach of this Resale Restriction; or (vii) the filing of bankruptcy by Owner. Notwithstanding the foregoing, a refinancing of the 5 11FILEC1'REDIRECTSBIkateny`Desktop\DDA Amendment doe Restricted Unit shall not be considered a Transfer, provided the CDC provides written consent to Owner prior to the refinancing, which consent may be granted or withheld in the sole and absolute discretion of the CDC_ Transfer shall not include transfer to a spouse in a dissolution proceeding, to a spouse who marries the Purchaser after the Purchaser has acquired title to the Restricted Unit, or to a Purchaser who originally acquired title to the Restricted Unit as a co- owner with a spouse, who acquires the deceased spouse's interest in the Restricted Unit, upon a death of that spouse. 4. Maintenance and Inspection of Restricted Unit. Purchaser shall maintain the Restricted Unit and the improvements thereon in good condition and repair throughout the Purchaser's period of ownership of the Restricted Unit. In addition, upon CDC's receipt of a notice of intent to transfer as detailed in Section 5 below, CDC shall be given the right to enter and to inspect the Restricted Unit to determine whether any violations of applicable building, plumbing, electric, fire, housing or other applicable codes exist and whether the Restricted Unit has been maintained in good condition, upon reasonable written notice of not less than ten (10) days. CDC shall notify Purchaser with regard to any noted code violations and maintenance deficiencies (collectively, the "Deficiencies"), and Purchaser shall cure the Deficiencies in a reasonable manner acceptable to the CDC within sixty (60) days of being notified in writing of the result of the inspections. Should the Purchaser fail to cure all the Deficiencies prior to the scheduled date for the close of escrow, at the option of the CDC or an Eligible Purchaser as defined in Section 7 below, escrow may be closed, title passed and money paid to the Purchaser subject to the condition that such funds as are necessary to pay for curing the Deficiencies, based upon written estimates obtained by the CDC, shall be withheld from the money due the Purchaser and held by the escrow holder for the purpose of curing the Deficiencies. The CDC and/or the Eligible Purchaser shall cause the Deficiencies to be cured and, upon certification of completion of work by the CDC, the escrow holder shall utilize such funds to pay for said work. Any remaining funds shall be paid to the Purchaser. 5. Notice of Transfer. In the event the Purchaser intends to transfer the Restricted Unit, the Purchaser shall promptly notify the CDC in writing of such intent ("Notice of Intent to Transfer"), by certified mail return receipt requested, to the Community Development Commission of the City of National City 1243 National City Blvd., National City, California 91950, or such other address as the CDC may designate. The Purchaser has the right to withdraw the Notice of Intent to "Transfer prior to the opening of escrow to purchase the !tricted Unit. 6. CDC's Option to Designate an Eligible Purchaser. Upon receipt of the Noticc of the Intent to Transfer, the CDC shall have the option, but not the duty, to designate an Eligible Purchaser to purchase the Restricted Unit in the manner set forth hereunder, if the proposed transferee is not approved for any reason. Within thirty (30) days of receipt by the CDC of the Notice of Intent to Transfer, the CDC shall: (1) notify the Purchaser of the Maximum Sales Price, as defined in Section 8 herein, to be paid for the Restricted Unit; (2) inspect the Restricted Unit as described in Section 4, above; and (3) notify the Purchaser regarding whether or not the CDC intends to exercise its option to designate an alternate Eligible Purchaser. The notification to the Purchaser regarding the option to designate an eligible Purchaser shall be sent by certified mail return receipt requested. If the CDC exercises this option to designate a Purchaser, it shall 6 \TILE01\RE➢IRECTSSIkareny\Deskmp\DDA Arneadment doc cause an escrow to purchase the Restricted Unit to be opened within thirty (30) days following such notification to the Purchaser, and it shall cause the Restricted Unit to be purchased by its designated Eligible Purchaser within the ninety (90) days following the receipt by the CDC of the Purchaser's Notice of the Intent To Transfer. 7. Transfer to Eligible Purchaser. In the event the CDC does not exercise its option to designate an Eligible Purchaser, the transfer of the Restricted Unit by the Purchaser must be to an Eligible Purchaser. An Eligible Purchaser shall be any household meeting the criteria set forth in Section 1(a)-(g), above. 8. Determination of Maximum Sales Price. (a) Calculation of Maximum Sales Price. The maximum amount of money and/or other consideration, of any kind whatsoever, that the Owner (or any subsequent Purchaser selling the Restricted Unit) may receive for any transfer of the Restricted Unit shall be called the "Maximum Sales Price." Maximum Sales Price" shall mean the lesser of: (i) the sum of (A) the purchase price which would result in a Monthly Housing Cost, as determined by the CDC, which does not exceed the product of one twelfth (1/12) of thirty percent (30%) times sixty percent (60%) of the then Area Median Income as adjusted for household size appropriate for the unit, plus (B) the amount of the CDC Note plus (C) clown payments to be determined; or (ii) the Single Family Mortgage Limit for the County of San Diego under Section 203(b) of the National Housing Act (12 U.S.C. §1709(b)) or any other limitation then provided by Code of Federal Regulations §92.254(a) or any successor law or regulation. In the case where there is no Purchaser of the Restricted Unit, the CDC shall calculate the principal and interest payments assuming a five (5%) percent down payment and that the annual interest rate is the then Fannie Mae 90-day delivery rate. (b) Monthly Housing Cost. "Monthly Housing Cost" shall mean all of the following associated with the Restricted Unit, estimated or known as of the date of the close of escrow of the sale of the Restricted Unit: (i) principal and interest payments on the 30 year, fixed-rate -Mortgage loan actually obtained by the Purchaser, and any loan insurance fees associated therewith; (ii) property taxes, assessments, including Mello Roos fees, if applicable; (iii) fire and casualty insurance covering replacement value of property improvements (to the extent not covered by the homeowner association encompassing the Site); (iv) any homeowner association roes; (v) private mortgage insurance, if applicable; and (vi) reasonable costs of utilities. Monthly Housing Cost shall be an average of estimated costs for the next twelve (12) month period as of the date of the close of escrow of the sale of the Affordable Unit. 9. Defaults and Remedies. (a) Acceleration. Remedies. Upon Owner (or any Purchaser's) breach of this Resale Restriction, the CDC Note, the Deed of Trust or any other obligation or document secured by the Restricted Unit, the CDC shall give notice to Owner (or the Purchaser, as applicable) prior to acceleration, such notice shall include: (1) a description of the breach; 7 \\FILEOIIREDIRECTSnareny\Desktop\DDA Amendmem doc (2) the action required to cure such breach (if any); .(3) a date, not less than ten (10) days from the date the notice is mailed to Owner, by which such breach must be cured; and (4) a statement that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by the Deed of Trust and sale of the Restricted. The notice shall further inform Owner (or the Purchaser, as applicable) of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Owner to acceleration and sale. If the breach is not cured on or before the date specified in the notice, CDC, at CDC's option, may declare all of the sums secured by the Deed of "Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law, as provided in and pursuant to the procedure set forth in the Deed of Trust. CDC shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 9, including, but not limited to, reasonable attorneys' fees. (b) Owner's Right to Reinstate. (1) Curable Breach. Notwithstanding CDC's acceleration of the sums secured by the Deed of Trust due to Owner or a Purchaser's breach, Owner or any Purchaser shall have the right to have any proceedings begun by CDC to enforce the Deed of Trust discontinued at any time prior to five (5) days before the sale of the Restricted Unit pursuant to the power of sale contained in the Deed of Trust or at any time prior to entry of a judgment enforcing the Deed of Trust if: (A) Owner or Purchaser pays CI)C all sums which would be then due =ender the CDC Note and the Deed of Trust had no acceleration occurred; (B) Owner or Purchaser cures all breaches of any other covenants or agreements of Owner or Purchaser under this Resale Restriction and the Deed of Trust; (C) Owner or Purchaser pays all reasonable expenses incurred by CDC and the trustee in enforcing the covenants and agreements of Owner or Purchaser contained in this Resale Restriction or the Deed of Trust, including, but not limited to, reasonable attorneys' fees; and (D) Owner or Purchaser takes such action as CDC may reasonably require to assure that the lien of the Deed of Trust, CDC's interest in the Restricted Unit and Owner's or Purchaser's obligation to pay the sums secured by the Deed of Trust shall continue unimpaired. 8 1WILEDI KEDIRECTSSAareny\Desktop\DDA Amendmentdoc Upon such payment and cure by Owner or Purchaser as set forth in this Section 9(b)(1). this Resale Restriction, the Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. ()) Non -Curable Breach. (A) Failure to Occupy/Renting Out the Restricted Unit is a Violation of Law. Owner and each Purchaser hereby acknowledges that the loan evidenced by the CDC Note and secured by the Deed of Trust was funded by the CDC using U.S. Department of Housing and Urban Development ("HUD") Home Investments Partnership Act ("HOME") funds. Section 215 of the HOME Investment Partnerships Act (42 U.S.C. §12745) and the HOME program regulations (24 C.F.R. §92.254) require Owner and each Purchaser to occupy the Restricted Unit as their principal residence. Renting out the Restricted Unit and/or Owner or any Purchaser's failure to occupy the Restricted Unit as their principal residence is a violation of State of California and Federal law (in addition to being a violation of this Resale Restriction). CDC is obligated by Federal law to enforce the provisions of the IIO'v1E program, CDC's failure to do so would jeopardize CDC's ability to obtain additional HOME funds from HUD and help other low-income families to obtain affordable housing. (B) Failure to Occupy/Renting Out the Restricted Unit Materially Impairs CDC's Security. Owner and each Purchaser hereby acknowledges and agrees that renting out the Restricted Unit and/or Owner or any Purchaser's failure to occupy the Restricted Unit as their principal residence. materially impairs CDC's security for the CDC Note and CDC's ability to obtain additional HOME funds from HUD and help other low-income families to obtain affordable housing. Owner and each Purchaser further acknowledges that if the Restricted Unit is rented out and/or Owner or any Purchaser fails to occupy the Restricted Unit as their principal residence, then during any such period the Restricted Unit will not qualify as "affordable housing" and CDC may be in breach of its obligations to HUD and therefore the CDC's security for the loan will be materially impaired. (C) Failure to Occupy/Renting Out the Restricted Unit is a Non - Curable Breach. Owner and each Purchaser hereby acknowledges and agrees that renting out the Restricted Unit and/or Owner or any Purchaser's failure to occupy the Restricted Unit as their principal residence, will be a non -curable breach and CDC shall have the right to accelerate the loan and foreclose on the Restricted Unit as provided herein. Notwithstanding anything to the contrary set forth in this Resale Restriction, Owner and each Purchaser agrees that in the event Owner or any Purchaser rents out the Restricted Unit and/or fails to occupy the Restricted Unit as their principal residence, neither Owner or any Purchaser shall have the right to cure the breach and reinstate this Resale Restriction, the loan, the Deed of Trust or the obligations secured thereby. (D) Owner's Waiver. Owner and each Purchaser hereby knowingly waives and relinquishes any and all legal and/or contractual rights Owner and any Purchaser may have to cure or otherwise reinstate the Deed of Trust and the obligations secured thereby, in the event the Restricted Unit is rented out and/or Owner or any Purchaser fails to occupy the Restricted Unit as their principal residence. 9 \\FILEO I lREDIRECTS s,kareny\Desk top\DDA .Amendment doe (E) Representation of Comprehension. Owner and each Purchaser hereby acknowledges and agrees that CDC has advised Owner and each Purchaser (and each of them if there is rnore than one Owner or Purchaser) to retain an attorney to represent them with respect to this Resale Restriction. By executing this Resale Restriction, Owner and each Purchaser (and each of them if there is more than one Owner or Purchaser) represents that: (i) each of them fully understands and accepts the terms of this Resale Restriction. the CDC Note and Deed of Trust; (ii) each of them has relied upon the legal advice of their attorneys or they have freely and independently chosen not to seek the advice of an attorney; (iii) that neither the CDC nor its attorneys represents them; (iv) each of them has had a full and ample opportunity to consult with any other professionals of their choice in connection with the rights and liabilities created by this Resale Restriction, the CDC Note and Deed of Trust; (v) that none of them has any questions with regard to the legal import of any term. word, phrase, or portion of this Resale Restriction, the CDC Note and Deed of Trust, or any of the foregoing documents in their entireties; and (vi) each of them accepts the terms of this Resale Restriction, the CDC Note and Deed of Trust as written. 10. CDC's Option to Purchase Upon Default. In addition to the remedies provided the CDC in Section 9 above, the CDC has and is hereby granted the option ("Option") to purchase the Restricted Unit effective upon the declaration of a written default by the CDC. The CDC's option to purchase may be exercised upon a default under this Resale Restriction decision to exercise its option to purchase the Restricted Unit on the following terms and conditions: (a) Grant of Option. Owner and all subsequent Purchasers hereby grant to CDC an option (the "Option") to purchase the Restricted Unit on the terms and conditions set forth herein. The purchase price payable by the CDC to the Owner for the Restricted Unit (the "Option Price") shall be the greater of (a) the Maximum Sales Price, as defined in Section 8 hereof, or (b) the sum of the current balance of the First Lien ("First Lien" means the lien of the institution making the purchase money loan to the Owner for the purchase of the Restricted Unit and/or any acceptable refinancings), plus the Owner's share of escrow, title and other closing costs as set forth in Section 4 hereof. The Option created hereby shall be irrevocable by Owner and shall be binding upon the successors and assigns of Owner. The CDC shall have the right of specific performance to enforce the terms of this Option. (b) Term and Consideration for Option. The term of the Option ("Option Tern") shall commence on the date of this Resale Restriction, and shall expire upon the expiration or termination of the Affordable Term. (c) Exercise of Option. The Option may be exercised by CDC's delivery to Owner of written notice of such exercise (the "Exercise Notice") only upon the occurrence of an event of default under the First Lien. In the event that the CDC exercises the Option, but the Owner cures the default of the First Lien prior to the sale of the Restricted Unit to the CDC, the CDC's exercise of the Option shall be deemed revoked. The revocation of the exercise of the Option shall not terminate this Option Agreement or preclude the CDC from subsequently exercising the Option upon a later event of default under the First Lien. 10 \ WILED NZEDIRECTSSUcarenylDesktup\DDA Amendment.duc (d) Escrow and Completion of Sale. Within five (5) days after CDC has exercised the Option, or as soon thereafter as reasonably practicable, an escrow shall be opened with an escrow company mutually acceptable to CDC and Owner for the conveyance of the Restricted Unit to the CDC. The CDC shall deposit the Option Price in escrow not later than one (1) business day prior to the anticipated close of escrow date. The CDC's obligation to close escrow shall be subject to the CDC's approval of a then -current preliminary title report and, at CDC's option, environmental and other site testing. Any exceptions shown on such preliminary title report created on or after the Owner's acquisition of the Restricted Unit shall be removed by Owner at its sole expense prior to the close of escrow pursuant to this Section 10(d) unless such exception(s) is(are) accepted by CDC in its reasonable discretion; provided, however, that CDC shall accept the following exceptions to title: (i) current taxes not yet delinquent, (ii) matters affecting title existing on the date of Owner's acquisitionof the Restricted Unit, (iii) liens and encumbrances in favor of the City of National City, (iv) the First Lien (if the CDC is taking subject to the First Lien), (v) this Resale Restriction, and (vi) matters shown as printed exceptions in the standard form CLTA owner's policy of title insurance. The parties shall each be responsible for one-half of the escrow fees, documentary transfer taxes, recording fees and any other costs and expenses of the escrow, and the Owner shall be responsible for the cost of a CLTA owner's policy of title insurance. CDC shall have thirty (30) days after exercise of the Option to enter upon the Restricted Unit to conduct any tests, inspections, investigations, or studies of the condition of the Restricted Unit. Owner shall permit the CDC access to the Restricted Unit for such purposes. The CDC shall indemnify, defend, and hold harmless Owner and its officers, directors, shareholders, partners, employees, agents, and representatives from and against all claims, liabilities, or damages, and including expert witness fees and reasonable attomey's fees and costs, caused by CDC's activities with respect to or arising out of such testing, inspection, or investigatory activity on the Restricted Unit. Escrow shall close promptly after acceptance by CDC of the condition of title and the physical and environmental condition of the Restricted Unit, and in no event later than ninety (90) days after the date that the CDC has exercised the Option. Until the Closing, the terms of the Restriction and the documents executed and recorded pursuant thereto shall remain in full force and effect. 11. Non -liability of the CDC. In no event shall the CDC become in any way liable or obligated to the Purchaser or to any successor -in -interest of the Purchaser by reason of its option to purchase under either Section 6 or Section 10 herein nor shall the CDC be in any way obligated or liable to the Purchaser or any successor -in -interest of the Purchaser for the CDC's failure to exercise such option to purchase or to designate an Eligible Purchaser. 12. Binding on Successor and Assigns. This Resale Restriction shall bind, and the benefit hereof shall inure to, the Owner, the Purchaser, and to their respective heirs, legal representative executors, successors in interest and assigns, and to the CDC and its successors except as provided in Section 3. Provided, however, upon a release of this Resale Restriction, either through a foreclosure or the receipt of a deed in lieu of foreclosure by the holder of the First Lien, this Resale Restriction, shall not thereafter reattach. 13. Subordination. This Resale Restriction is to be recorded in first lien priority position. Notwithstanding the foregoing, this Resale Restriction may be recorded in second lien priority I1 ttFILEOt\REDIRECTS$\kerenyEtesktop\DDA Amendment doe position if the lender financing the Owner's purchase of the Restricted Unit will not allow its deed of trust to he subordinate to the Resale Restriction. 14. Invalid Provisions. If any one or more of the provisions contained in this Resale Re.:triction shall for any reason be held to be invalid, illegal or unenforceable in any respect then such provision or provisions shall be deemed severable from the remaining provisions contained in this Resale Restriction, and this Resale Restriction shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 15. Controlling Law. The terms of this Resale Restriction shall be interpreted under the laws of the State of California. 16. Notices. All notices required herein shall be sent to the CDC by certified mail return receipt requested, as follows: Community Development Commission of the City of National City 1243 National City Blvd. National City, CA 91950 or such other address that the CDC may subsequently request in writing. Notices to the Purchaser shall be sent by certified mail return receipt requested to the Restricted Unit address. 17. Interpretation of Restriction Covenants. The terms of this Resale Restriction shall be interpreted to encourage to the extent possible that the Maximum Sales Price of and mortgage payments for the Restricted Unit remain affordable to households earning sixty percent (60%) or less of the area medium income as adjusted annually and as further adjusted for household size. 18. Non -Discrimination Covenants. The Owner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income or disability in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Restricted Unit. The foregoing covenants shall run with the land. 9. Promissory Note in Favor of CDC. (a) Execution by Owner and Calculation of Principal Amount. During the Affordability Period, Owner and each Purchaser shall be obligated to execute the CDC Note which shall be in a form approved by the CDC in its sole discretion, to ensure the continued affordability of the Restricted Unit. The principal of the CDC Note shall be an amount equal to the difference between (i) (i) the Single Family Mortgage Limit for the County of San Diego under Section 203(b) of the National Housing Act (12 U.S.C. §1709(b)) or any other limitation then provided by Code of Federal Regulations §92.254(a) or any successor law or regulation; less (ii) the Maximum Purchase Price. Such amount will not actually be paid by the CDC to the Owner or Purchaser, but represents the subsidy constructively received by the Owner or Purchaser as a result of purchasing the Restricted Unit at a price below its fair market value. 12 GIILEOI \AEDIRECTSSUcareny\Desktop\DDA Amendment.doc (b) CDC Note Secured by Deed of Trust. The Owner's payment obligations pursuant to the CDC Note shall be secured by the Deed of Trust which shall be in a foirn approved by the CDC in its sole discretion (the "Deed of Trust"). and which shall encumber the Restricted Unit in second lien priority position. (c) Repayment of the CDC Note. No repayment of the CDC Note shall be due until the earliest to occur of the following events, at which time the entire principal balance of the CDC Note and unpaid and default interest thereon shall be due and payable, at the option of the CDC: (i) a Transfer that is not approved by the CDC in writing; (ii) Owner or any Purchaser's uncured default under the terms of this Resale Restriction, the CDC Note or the Deed of Trust; or (iii) any Owner or any Purchaser's default under the terms of the First Lien. In the event of a Transfer that is approved by the CDC in writing, the Owner's obligation to repay the CDC Note shall be assumed by the subsequent purchasers of the Restricted Unit. The CDC Note shall be deemed satisfied on the forty-fifth (45th) anniversary of the date this Resale Restriction is recorded against the Restricted Unit, provided that the Owner and its successors in interest to the Restricted Unit remained in compliance with the terms of this Resale Restriction throughout the Affordability Period. (d) Subordination of the Deed of Trust. The CDC shall execute such subordination agreements subordinating the Deed of Trust securing the CDC Note as may be reasonably requested by the holder of a First Lien. Any such subordination agreements shall be in a form approved by the CDC in its reasonable discretion. This Resale Restriction will not be subordinated. 20. Written Consent of CDC Required Before Transfer. During the Affordability Period, the Restricted Unit, and any interest therein, shall not be conveyed by any Transfer or refinancing, except as expressly provided in this Resale Restriction, except with the express written consent of the CDC. 21. Attorneys' Fees. The parties agree that the prevailing party in litigation for the breach and/or interpretation and/or enforcement of the terms of this Resale Restriction shall be entitled to their expert witness fees, if any, as part of their costs of suit, and reasonable attorneys' fees as may be awarded by the court, pursuant to California Code of Civil Procedure ("CCP") Section '033.5 and any other applicable provisions of California law, including, without limitation, the provisions of CCP Section 998. 22. Monitoring. The Owner shall annually report to the CDC, in writing, confirming that they continue to reside in the Restricted Unit, have not leased or rented the Restricted Unit for more than the allowed, period of time, providing evidence of insurance, evidence of the payment of taxes, if not impounded, and any and all other information reasonably needed by the CDC to assure compliance with the terms of the Restriction on a form or fours prepared by the CDC. Within 15 days of a written request from the CDC to the Owner, Owner shall respond with all information requested to all the CDC complete its monitoring responsibilities under the terms of the Restriction. Failure to completely and timely comply with requests shall be deemed a material default under the terms of the Restriction. 13 1,FTCE01\RED[RECTS$\kareny\Desktop',DDA Amendment. don IN WITNESS WIIEREOF, the parties have executed this Resale Restriction on or as of the date first written above. CDC: Community Development Commission of the City of National City By: Print Name: Ron Morrison Its:_Mayor OWNER: Print Name: Print Name: 14 \\FtLE01\REDlRECCSS\kareny\DesktoptDDA Amendment doc CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT TING DATE: EM TITLE: April 6, 2010 AGENDA ITEM NO.32 PUBLIC HEARING; (Community Development Commission Of National City) Section 8 Rental Assistance Division Public Housing Agency Plan Five-year Plan for Fiscal Years 2010 — 2015 Annual Plan for Fiscal Year 2010 and the Section 8 Administrative Plan; and authorizing the submittal of the PHA Plan to the U.S Department of Housing and Urban Development Community Development PREPARED BY: Hermi Oliveria Vi DEPARTMENT: Housing and Grants PHONE: Housing Programs Manager 8 Program (619) 336-4259 APPROVED BY: EXPLANATION: See attached report • FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. There will be no fiscal impact as a result of APPROVED: this action. ENVIRONMENTAL REVIEW: Not Applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Conduct the Public Hearing; and Public Notification: A Public Hearing Notice was published in the National City Times from February 1, 2010 to February 28, 2010, as legally required. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATACHMENTS: 1. Notice of Public Hearing 2. Proof of Publication NOTICE OF PUBLIC HEARING Community Development Commission Of National City Section 8 Rental Assistance Division Public Housing Agency Plan Five-year Plan for Fiscal Years 2010 - 2015 Annual Plan for Fiscal Year 2010 Section 8 Administrative Plan NOTICE IS HEREBY GIVEN that the Board of Commissioners of the CDC Section 8 Rental Assistance Division will hold a public hearing on April 6, 2010, at 6:00 p.m., in the National City Council Chambers located at 1243 National City Boulevard, National City, California. Public testimony can be heard on the proposed Public Housing Agency Five - Year Plan for Fiscal Years 2010-2015, Annual Plan for Fiscal Year 2010, and Section 8 Administrative Plan. On or about February 21, 2010, the referenced plans and policies will be released for a 45-day public review and comment period. The Public Housing Agency (PHA) Plan is a comprehensive guide to a public housing agency's policies, programs, operations, and strategies for meeting local housing needs and goals. There are two parts to the PHA Plan; the Five -Year Plan, which each PHA submits to the U.S. Department of Housing and Urban Development (HUD) once every fifth PHA fiscal year; and, the Annual Plan which is submitted to HUD every year. The Section 8 Administrative Plan is the governing document for the Housing Authority's administration of its Section 8 program. The referenced documents and supporting documents will be available for public review after February 21, 2010 at the following locations: Community Development Commission Of National City Section 8 Rental Assistance Division 140 E. 12th Street, Suite B National City CA 91950 City of National City - City Hall City Clerk 1243 National City Blvd National City CA 91950 City of National City Main Library 1401 National City Blvd National City CA 91950 Written comments may be submitted prior to the public hearing and during the 45-day comment period ending on or about April 6, 2010, to: CDC Section 8 Rental Assistance Division Attn: Hermi Oliveria 140 E. 12th Street, Suite B National City CA 91950 Phone: (619) 336-4254 Fax: (619) 477-3747 DATED: February 1, 2010 Brad Raulston Executive Director Date of Publication: February 1, 2010 (1) ma rketinig and promotions 1808 E. 16th Street National City, CA 91950 Tel: (619) 474-5300 PUBLISHER: Zbe Rational Citp times serving our communities The Filipino Times servrna the FAipino American community! NCT - 0210 - HCDC Name: Sonia Caravantes Business: City of National City Address: 1243 National City Blvd. City: Nation& City 91950 Telephone: 619-336-4379 I Email: scaravantes@nationalcityca.gov Date: 3/8/2010 I Contact: Sonia Cervantes Issue AD Description Rate Amount Due February, 2010 Premium Page Special discount $1,000.00 $250.00 Amount due is payable upon receipt of this invoice. Thank you very much for your continued support. Please make check payable to: DR Marketing and Promotions Total Amount Due $ $250.00 Please detach and mail with your payment. Thank you very much. Name: City of National City 1243 National City Blvd. National City Invoice No.: NCT - 0210 - HCDC Amount: $250.00 Thank you very much for your continued support! We ure your community partner ! "—TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT April 6, 2010 AGENDA ITEM NO. 33 ITEM TITLE: Resolution (of the Community Development Commission of National City) Approving the Section 8 Five Year (Fiscal Years 2010 — 2015) and Annual (Fiscal Year 2010) Public Housing Agency (PHA) Plans; and authorizing the submittal of the PHA Plan to the U.S Department of Housing and Urban Development Community Development PREPARED BY: Hermi Oliveria DEPARTMENT: Housing and Grants, PHONE: Housing Programs Manager Sec (619) 336-4259 EXPLANATION: APPROVED BY: See attached report FINANCIAL STATEMENT: There will be no fiscal impact as a result of this action. ACCOUNT NO. ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION:LJ APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: Not applicable —ACHMENTS: 1. Background Report 2. Resolution 3. 5-Year PHA Plan for Fiscal Years 2010 — 2015 (distributed to Council on February 22, 2010) Community Development Commission Of The City Of National City Agenda Statement Addendum April 6, 2010 Background: The U.S. Department of Housing and Urban Development (HUD), in response to the Quality Housing and Work Responsibility Act of 1998 (QHWRA), requires housing authorities to prepare a Section 8 Public Housing Agency (PHA) Plan. The PHA Plan concept is based on the consolidated planning process used for HUD's community and development programs. Like the Consolidated Plan that is required by HUD for jurisdictions using federal funds for housing and community development, the attached plan provides a planning mechanism by which the Community Development Commission (CDC) can examine its long-range needs and short term needs. Specifically, the Plan identifies the needs of the families that it serves and develops both long-term strategies (i.e. Five -Year Plan) and short-term strategies (Le. Annual Plan) for addressing the needs. The Annual Plan provides details about the CDC's immediate operations, program participants, programs and services. This Plan also identifies the CDC's strategy for handling operation concerns, resident's concerns and needs, programs and services. The community was given an opportunity to review and comment on the proposed plan. No recommendation and comment were received from the community regarding the proposed plan. The U.S. Department of Housing and Urban Development (HUD), in response to the Quality Housing and Work Responsibility Act of 1998 (QHWRA), requires housing authorities to prepare a Section 8 Public Housing Agency (PHA) Plan. The PHA Plan concept is based on the consolidated planning process used for HUD's community and development programs. Like the Consolidated Plan that is required by HUD for jurisdictions using federal funds for housing and community development, the attached plan provides a planning mechanism by which the Community Development Commission (CDC) can examine its long-range needs and short term needs. Specifically, the Plan identifies the needs of the families that it serves and develops both Tong -term strategies (i.e. Five -Year Plan) and short-term strategies (i.e. Annual Plan) for addressing the needs. The Five -Year Plan describes the mission of the CDC and the CDC's long-range goals and objectives for achieving its mission over the next five years. The Annual Plan provides details about the CDC's immediate operations, program participants, programs and services. This Plan also identifies the CDC's strategy for handling operation concerns, resident's concerns and needs, programs and services. Community Development Commission Of The City Of National City Agenda Statement Addendum The community was given an opportunity to review and comment on the proposed plan. No recommendation and comment were received from the community regarding the proposed plan. On October 28, 2004, HUD's Los Angeles HUB Office Executive Director approved the CDC's Section 8 Management Assessment Program's (SEMAP) final rating of High Performing PHA. SEMAP enables HUD to ensure program integrity and accountability identifying PHA management capabilities and deficiencies and by improving risk assessment to effectively target monitoring and program assistance. HUD only requires High Performing PHAs to submit a streamlined 5-year Plan and a streamlined Annual Plan. With this, Staff recommends that the Community Development Commission Board consider the adoption of the attached Resolution approving the Section 8 Five Year and Annual Public Housing Agency Plan (PHA); and authorizing the submittal of the PHA plan to the U.S. Department of Housing and Urban Development. ATTACHMENT: Exhibit 1 — Section 8 Five Year and Annual PHA Plan Exhibit 2 — Resolution No. 2010- 2 RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE SECTION 8 FIVE YEAR (FISCAL YEARS 2010-2015) AND ANNUAL (FISCAL YEAR 2010) PUBLIC HOUSING AGENCY (PHA) PLANS, AND AUTHORIZING THE SUBMITTAL OF SAID PLANS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) WHEREAS, on October21, 1998, the U.S. Congress enacted Public Law 105- 276, known as the Quality Housing and Work Responsibility Act (QHWRA) notifying housing authorities to prepare and submit a Section 8 Public Housing Agency Plan; and WHEREAS, on December 22, 2000, the U.S. Department of Housing and Urban Development (HUD) amended the Public Housing Agency Plan regulations to reflect the importance of deconcentration by income and affirmatively furthering fair housing in a PHA's admission policy; and WHEREAS, the HUD requires a public hearing to be held in order to receive public input; and WHEREAS, on this date, April 6, 2010, a public hearing has been held for review and recommendation of the public relative to the proposed Public Housing Agency Plan; and WHEREAS, the Housing and Community Development Committee (HCDC) has reviewed the Plan for any significant amendments or modifications. NOW THEREFORE BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the Public Housing Agency Five Year (Fiscal Years 2010-2015) and Annual (Fiscal Year 2010) Public Housing Agency (PHA) Plans, and authorizes the submittal of the said Plans to the U.S. Department of Housing and Urban Development (HUD). PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney f ---TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT April 6, 2010 AGENDA ITEM NO. 34 ITEM TITLE: Resolution (of the Community Development Commission of National City) approving revisions to the Section 8 Administrative Plan and authorizing the submittal of the Plan to the U.S. Department of Housing and Urban development. PREPARED BY: PHONE: EXPLANATION: Hermi Oliveria V' Housing Programs Manager (619) 336-4259 See attached report Community Development DEPARTMENT: Housing and Grants 8 Program APPROVED BY FINANCIAL STATEMENT: ACCOUNT NO. There will be no fiscal impact as a result of this action. ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: 1 APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: Not applicable rACHMENTS: 1. Background report 2. Resolution 3. Section 8 Administrative Plan (distributed to Council on February 22, 2010) Community Development Commission Of The City of National City Agenda Statement Addendum April 6, 2010 Background: The Section 8 Rental Assistance Program was enacted as part of the Housing and Community Development Act of 1974, which re -codified the U.S. Housing Act of 1937. The Act has been amended from time to time, most recently on October 21, 1998, with the passage of the Quality Housing and Work Responsibility Act (QHWRA.) The requirements of the Housing Act(s), as they apply to the Section 8 Tenant -Based Assistance Program and the Housing Choice Voucher Program, are described in and implemented through the Administrative Plan. Administration of the Section 8 Program and the functions and responsibilities of the Housing Department staff shall be in compliance with the Housing Department's Personnel Policy and the U.S. Department of Housing and Urban Development's (HUD) Section 8 Regulations as well as all Federal, State and local Fair Housing laws and regulations. The Housing Department will comply with any and all subsequent regulatory and statutory program changes. The Administrative Plan is set forth to define the Housing Department's local policies for operation of the housing programs in the context of Federal laws and regulations. All issues related to Section 8 not addressed in this document are governed by such Federal regulations, HUD memos, notices and guidelines or other applicable law. The revisions to the current Administrative Plan will update the policies in accordance with the most recent published QHWRA requirements. CHAPTER 3 ADD: Language re: program integrity to Chapter Introduction. Applicants and program participants must provide true and complete information to the CDC whenever information is requested, and must supply any information that the CDC determines is necessary in the administration of the program, including consenting to the CDC's verification of that information. The CDC's verification requirements are designed to maintain program integrity. This chapter explains CDC's procedures and standards for verification of preferences, income, assets, allowable deductions, family status, and changes in family composition. The CDC will obtain proper authorization from the family before requesting information from independent sources. Effective September 14, 2009, PHAs will have the ability to enter the following information into EIV: 1 Community Development Commission Of The City of National City Agenda Statement Addendum April 6, 2010 1. Amount of debt owed by a former tenant to a PHA; 2. If applicable, indication of executed repayment agreement; 3. If applicable, indication of bankruptcy filing; 4. If applicable, the reason for any adverse termination of the family from a Federally assisted housing program. This information will be used by HUD to create a national repository of families that owe a debt to a PHA and/or have been terminated from a Federally assisted housing program. This national repository will be available within the EIV system for all PHAs to access during the time of application for rental assistance. PHAs will be able to access this information to determine a family's suitability for rental assistance, and avoid providing limited Federal housing assistance to families who either: (1) Owe a debt to a PHA; or (2) have previously been unable to comply with HUD program requirements. ADD TO CHAPTER 3: ADD TO CHAPTER 3: DISCLOSURE AND VERIFICATION OF SOCIAL SECURITY AND EMPLOYER IDENTIFICATION NUMBERS (24 CFR 5.216) HUD requires applicants for and partici- pants in covered HUD programs to disclose, and submit documentation to verify, their Social Security Numbers (SSNs). HUD regulations enables the PHA to obtain income information about applicants and participants in the covered programs through computer matches with State Wage Information Collection Agencies (SWICAs) and Federal agencies, in order to verify an applicant's or participant's eligibility for or level of assistance. The purpose of these regulations is to enable HUD to decrease the incidence of fraud, waste, and abuse in the covered programs. DISCLOSURE REQUIRED OF APPLICANTS DURING ELIGIBILITY INTERVIEW. Each applicant must submit the following information to the CDC when the applicant's eligibility under the Housing Choice Voucher program is being determined: o The complete and accurate SSN assigned to the assistance applicant and to each member of the assistance applicant's household; and o The documentation referred to in paragraph (g)(1) of section 5.216 to verify each such SSN. 2 Community Development Commission Of The City of National City Agenda Statement Addendum April 6, 2010 ADD TO CHAPTER 3: TERMINATION OF ASSISTANCE OR TERMINATION OF TENANCY OF PARTICIPANTS (24 CFR 5.218) Denial of eligibility of applicant, participant The CDC must deny the eligibility of an applicant or participant and participant household in accordance with the provisions governing the program involved; if: The applicant or participant and participant family does not meet the applicable SSN disclosure, documentation and verification requirements as specified. The CDC may defer termination and provide the participant with an additional 90 calendar days to disclose a SSN, but only if the CDC, in its discretion, determines that: ❑ The failure to meet these requirements was due to circumstances that could not have reasonably been foreseen and were outside the control of the participant; and ❑ There is a reasonable likelihood that the participant will be able to disclose a SSN by the deadline. Failure of the participant to disclose a SSN by the deadline specified in paragraph (c) (2) of this section will result in termination of the assistance or tenancy, or both, of the participant and the participant's household. CHAPTER 4: Add to Introduction The CDC must verify eligibility, total tenant payment, and family share in accordance with HUD regulations. The CDC staff is mandated to use HUD's Enterprise Income Verification (EIV) system in its entirety and will also obtain income information about applicants and participants in the covered programs through computer matches with State Wage Information Collection Agencies (SWICA) and Federal agencies, in order to verify an applicant's or participant's eligibility for or level of assistance. This purpose is to enable HUD and the CDC to decrease the incidence of fraud, waste, and abuse in the covered programs. The CDC will also use written documentation from independent sources whenever possible, and whenever third party verifications are not obtained, will attempt to obtain oral third party verifications, and will 3 Community Development Commission Of The City of National City Agenda Statement Addendum April 6, 2010 ADD TO CHAPTER 4 always document why third party verifications were not used. DATA QUALITY PHAs and 0/As submit management, building, unit, and family information into IMS and TRACS. Family information includes the families' names, SSNs, and dates of birth. When a PHA or O/A submits family data to IMS, or TRACS, the EIV system will validate each household member's identity. HUD will only transmit to the Department of Health and Human Services (HHS) for computer matching those tenant personal identifiers (i.e., full name, SSN, and date of birth) of individuals age 18 and older that have been validated by the Social Security Administration (SSA). If a household member's identity cannot be validated, EIV will (1) flag the household member record; (2) provide an error message to the PHA or O/A, informing the PHA or O/A to verify the household member's SSN, name, and/or date of birth; and (3) request the PHA or O/A to submit a corrected record (Form HUD-50058 or Form HUD-50059) into IMS, or TRACS. EIV will remove the invalidated household member record from computer matching request files. This household member identity verification feature was established to help HUD maintain data quality and integrity and to support one of its strategic objectives to prevent fraud and abuse. This identity verification feature will (1) help confirm that those families entitled to benefits receive benefits, (2) ensure that income information is obtained of only validated individuals, (3) assist in limiting the duplication of benefits, and (4) help prevent the false application for benefits, thereby ensuring data quality. Debt owed and termination information entered by PHAs may be challenged by the former program participant. If the PHA determines that an error has been made in entering the data, the designated users who have the ability to enter data into EIV, will update and delete erroneous information as necessary. EIV will receive new hires (W-4), wage, employment, and unemployment benefit data from HHS' National Directory of New Hires (NDNH) database; and Social Security (SS) and Supplemental Security Income (SSI) benefit data from the Social Security Administration (SSA). This will allow PHAs, 0/As, CAs to verify the income of tenants at the time of mandatory annual and/or interim reexaminations. 4 Community Development Commission Of The City of National City Agenda Statement Addendum April 6, 2010 ADD TO CHAPTER 4 MANDATED USE OF HUD'S ENTERPRISE INCOME VERIFICATION (EIV) SYSTEM (24 CFR 5.233): The CDC's first choice is Enterprise Income Verification (EIV) which includes sources of information taken directly from on-line systems, such as from the Tenant Assessment Subsystem (WASS), direct on-line information from the local welfare system, the WorkNumber, etc. Effective January 31, 2010, the CDC is required to use the EIV system as a (primary) third - party source to verify tenant income information during all mandatory annual and interim reexaminations. o Disclosure of assigned SSNs is required of all members of applicant and participant households except the following: ❑ Individuals in mixed families who do not contend to have eligible immigration status ❑ Existing participants whose SSNs have already been confirmed valid by the EIV system ❑ Existing participants as of January 31, 2010 who are 62 or older and have not previously disclosed a valid SSN. o Three forms of documentation of an SSN are acceptable to HUD and the CDC: ❑ An original SSN card issued by the Social Security Administration (SSA) (See section 6 of today's notice for a description of the three types of SS cards that SSA issues.) ❑ An original SSA -issued document with an individual's name and SSN ❑ An original document issued by a federal, state, or local government agency with an individual's name and SSN o The CDC may not reject documentation of an SSN unless it is not original, it does not appear to be authentic, it is not legible, or it has been altered or mutilated. In such cases staff will explain the reason for the rejection and request that acceptable documentation be provided within a specified time frame. o After the CDC has obtained acceptable documentation of an individual's SSN, the CDC must make a copy of it for the tenant 5 Community Development Commission Of The City of National City Agenda Statement Addendum April 6, 2010 ADD TO CHAPTER 4 (continued) file, record the SSN on line 3 of form HUD-50058, and transmit the form to HUD in a timely manner, preferably within 30 days. After HUD validates the SSN through its computer matching program with SSA, the CDC will destroy the copy made of the SSN documentation and replace it with the individual's EIV summary report or income report. The report is confirmation of the CDC's compliance with the new SSN disclosure, documentation, and verification requirements. o The CDC may retain EIV reports in tenant files "for the duration of tenancy" and up to three years after program participation ends plus seven years under local City policy. o HUD encourages the CDC to minimize the risk of exposing an individual's SSN to theft or misuse by minimizing the number of records that display the individual's full nine -digit SSN. o "Citizens and lawfully present noncitizens who state that they have not been assigned an SSN by the SSA should make such declaration in writing and under penalties of perjury to the CDC. The CDC should maintain the declaration in the tenant file." o The CDC may not admit applicant family until all members of the household have met the new SSN disclosure and documentation requirements. The CDC must prescribe in its Administrative Plan policies, the maximum time that a family may remain on the CDC Section 8 waiting list without meeting the requirements. o If a program participant who is required to meet the new requirements fails to meet them within a specified time frame (including any extension), the CDC must terminate the assistance and/or tenancy of the participant's entire household. (Editor's note: The notice does not seem to allow the option of excluding a noncompliant individual from a household and continuing to assist the remaining members, but this point needs to be confirmed.) o It is HUD's position that a current SSA benefit verification letter provided by an individual or an EIV income report that displays the individual's current SSN benefit amount is third -party verification. No additional verification is required. o The CDC is required to use EIV's identity verification report on a monthly basis. State Wage Information Collection Agencies (SWICA): Used in conjunction with HUD's EIV and other Federal agencies, in order to verify an applicant's or participant's eligibility for or level of assistance. 6 Community Development Commission Of The City of National City Agenda Statement Addendum April 6, 2010 ADD TO CHAPTER 4 (continued) Procedures for independent verification. When the income information reveals an employer or other income source that was not disclosed by the assistance applicant or participant, or when the income information differs substantially from the information received from the assistance applicant or participant or from his or her employer: HUD or, as applicable or directed by HUD, the CDC shall request the undisclosed employer or other income source to furnish any information necessary to establish an assistance applicant's or participant's eligibility for or level of assistance in a covered program. This information shall be furnished in writing, as directed to: ADD TO CHAPTER 4 Enterprise Income Verification Effective January 31, 2010, The CDC Section 8 Rental Assistance Program will also be applying the following (24 CFR 5.233, 5.216, 5.218, 5.233): The CDC must use HUD's EIV system in its entirety: (i) As a third party source to verify tenant employment and income information during mandatory reexaminations or recertifications of family composition and income, in accordance with Sec. 5.236., and administrative guidance issued by HUD; and (ii) To reduce administrative and subsidy payment errors in accordance with HUD administrative guidance. PENALTIES FOR NONCOMPLIANCE Failure to use the EIV system in its entirety may result in the imposition of Sanctions and/or the assessment of disallowed costs associated with any resulting incorrect subsidy or tenant rent calculations, or both. The CDC may not reject documentation of an SSN unless it is not original, it does not appear to be authentic, it is not legible, or it has been altered or mutilated. In such cases staff should explain the reason for the rejection and request that acceptable documentation be provided within a specified time frame. 7 Community Development Commission Of The City of National City Agenda Statement Addendum April 6, 2010 ADD TO CHAPTER 4 Computer Matching ADD TO CHAPTER 4 Required Documentation The purpose of this part is to require all Public Housing Agencies (PHAs), including Moving -to -Work (MTW) PHAs, that operate Public Housing, Indian Housing, or Section 8 Rental Certificate, Housing Choice Voucher (HCV), Rental Voucher, and Moderate Rehabilitation programs to electronically submit certain data to HUD for those programs. These electronically submitted data are required for HUD forms: HUD- 50058, including the Family Self -Sufficiency (FSS) Addendum. Applicable program entities must retain at a minimum of 3 years of the form HUD-50058, and supporting documentation, during the term of each assisted lease, and for a period of at least 3 years from the end of participation (EOP) date, to support billings to HUD and to permit an effective audit. Electronic retention of form HUD- 50058 and HUD-50058-FSS and supporting documentation fulfills the record retention re • uirement under this section. SSN (Social Security Number) The documentation necessary to verify the SSN of an individual who is required to disclose his or her SSN under paragraphs (a) through (e) of this section is: ❑ A valid SSN card issued by the SSA; • An original document issued by a federal or state government agency, which contains the name of the individual and the SSN of the individual, along with other identifying information of the individual; or ❑ Such other evidence of the SSN as HUD may prescribe in administrative instructions. EFFECT ON ASSISTANCE APPLICANTS. Except as provided in paragraph (h)(2) of this section, if the CDC determines that the assistance applicant is otherwise eligible to participate in a program, the assistance applicant may retain its place on the waiting list for the program but cannot become a participant until it can: o The complete and accurate SSN assigned to each member of the household; and o The documentation referred to in paragraph (g)(1) of this section to verify the SSN of each such member. 8 Community Development Commission Of The City of National City Agenda Statement Addendum April 6, 2010 ADD TO CHAPTER 4 ADD TO CHAPTER 4 DISCLOSURE AND VERIFICATION [24 CFR 5.216] ASSISTANCE APPLICANTS: Each assistance applicant must submit the following information to the CDC when the assistant applicant's eligibility under the program involved is being determined: (1) The complete and accurate SSN assigned to the assistant applicant and to each member of the assistant applicant's household; and (2) The documentation referred to in paragraph (g)(1) of this section to verify each such SSN. Disclosure required of individual owner applicants. Each individual owner applicant must submit the following information to the processing entity when the individual owner applicant's eligibility under the program involved is being determined: PARTICIPANTS: Initial disclosure. Each participant, except those age 62 or older as of January 31, 2010, whose initial determination of eligibility under the program involved was begun before January 31, 2010, must submit the information described in paragraph (e)(1)(ii) of this section, if the participant has: o Not previously disclosed a SSN; o Previously disclosed a SSN that HUD or the SSA determined was invalid; or o Been issued a new SSN. Each participant subject to the disclosure requirements under paragraph (e)(1)(i) of §.5.216 must submit the following information to the CDC at the next interim or regularly scheduled reexamination or recertification of family composition or income, or other reexamination or recertification for the program involved: Addition of a new household member who is at least six years of age or under the age of six and has an assigned SSN. When the participant requests to add a new household member who is at least six years of age, or is under the age of six and has an assigned SSN, the participant must provide the following to the processing entity at the time of the request, or at the time of processing the interim reexamination or recertification of family 9 Community Development Commission Of The City of National City Agenda Statement Addendum April 6, 2010 ADD TO CHAPTER 4 composition that includes the new member(s): ❑ The complete and accurate SSNs assigned to each new member; and the documentation referred to in paragraph (g)(1) of this section to verify the SSN for each new member. ❑ Addition of new household member who is under the age of six and has no assigned SSN. ❑ When a participant requests to add a new household member who is under the age of six and has not been assigned a SSN, the participant shall be required to provide the complete and accurate SSN assigned to each new child and the documentation referred to in paragraph (g)(1) of this section to verify the SSN for each new child within 90 calendar days of the child being added to the household. The CDC shall grant an extension of one additional 90-day period if the processing entity, in its discretion, determines that the participant's failure to comply was due to circumstances that could not have reasonably been foreseen and were outside the control of the participant. During the period that the processing entity is awaiting documentation of a SSN, the processing entity shall include the child as part of the assisted household and the child shall be entitled to all the benefits of being a household member. If, upon expiration of the provided time period, the participant fails to produce a SSN, the processing entity shall follow the provisions of § 5.218. Assignment of new SSN. If the participant or any member of the participant's household has been assigned a new SSN, the participant must submit the following to the processing entity at either the time of receipt of the new SSN; at the next interim or regularly scheduled reexamination or recertification of family composition or income, or other reexamination or recertification; or at such earlier time specified by the processing entity: ❑ The complete and accurate SSN assigned to the participant or household member involved; and ❑ The documentation referred to in paragraph (f)(g)(1) of this section to verify the SSN of each individual. 10 Community Development Commission Of The City of National City Agenda Statement Addendum April 6, 2010 PENALTIES FOR FAILING TO DISCLOSE AND VERIFY SOCIAL SECURITY AND EMPLOYER IDENTIFICATION NUMBERS (24 CFR 5.18) Denial of eligibility of assistance applicants. The CDC must deny the eligibility of an assistance applicant in accordance with the provisions governing the program involved, if the assistance applicant does not meet the applicable SSN disclosure, documentation, and verification requirements as specified in Sec. 5.216. • • Termination of assistance or termination of tenancy of participants. The processing entity must terminate the assistance or terminate the tenancy, or both, of a participant, in accordance with the provisions governing the program involved, if the participant does not meet the applicable SSN disclosure, documentation, and verification requirements specified in Sec. 5.216. DISCLOSURE AND VERIFICATION OF SOCIAL SECURITY NUMBERS AND EMPLOYER IDENTIFICATION NUMBERS [24 CFR 5.216, 5.218] All members of applicant and participant households, must disclose and provide the complete and accurate SSN assigned to the assistant applicant and to each member of the assistant applicant's household; and If the assistance applicant or any member of the assistance applicant's household has not been assigned a SSN, a certification executed by the individual involved that meets the requirements of paragraph 24 CFR 5.216 (g)(1) of this section to verify each SSN. ADD TO CHAPTER 4 (g) Required documentation -- (1) SSN. The documentation necessary to verify the SSN of an individual who is required to disclose his or her SSN under paragraphs (a) through (e) of this section is: (i) A valid SSN card issued by the SSA; (ii) An original document issued by a federal or state government agency, which contains the name of the individual and the SSN of the individual, along with other identifying information 11 Community Development Commission Of The City of National City Agenda Statement Addendum April 6, 2010 of the individual; or (ii) Such other evidence of the SSN as HUD may prescribe in administrative instructions. Social Security Numbers. The documentation necessary to verify the SSN of an individual or applicant/participant family who is required to disclose his or her SSN under paragraphs (a) through (d) of this section is an original, valid SSN card issued by the SSA, or such other original documentation issued by a federal, state or local government aaencv with the individual's name and SSN. CHAPTER 6 INCOME - CHANGE FROM: INCOME: Includes all monetary amounts received on behalf of the family. HUD defines what is calculated and excluded in determining the total tenant payment (TTP). In accordance with this definition, all income meeting the customary definition of income, not specifically excluded in the regulations, is counted. TO: Processing entities must use HUD's EIV system as a third - party source to verify tenant employment and income information during mandatory reex-aminations or recertifications of family composition and income, in accordance with Sec. 5.236. PENALTIES FOR NONCOMPLIANCE. Failure to use the EIV system may result in the imposition of remedial actions as outlined in 24 CFR 84.62, except as provided in paragraph (b) of this section. For multi -family owners and management agents, failure to use the EIV system may result in the imposition of sanctions and/or the assessment of disallowed costs associated with any resulting incorrect subsidy or tenant rent calculations, or both. CHAPTER 6, REVISE: ANNUAL INCOME [24 CFR 5.609(a)(b); 982.516] ANNUAL INCOME [24 CFR 5.609(a)(b); 982.516] Annual income means all amounts, monetary or not, which: ❑ Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; or ❑ Are anticipated to be received from a source outside the family during the 12-month period following 12 Community Development Commission Of The City of National City Agenda Statement Addendum April 6, 2010 admission or annual reexamination effective date; and ❑ Which are not specifically excluded in § 5.609(c). Li Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access. Annual income includes, but is not limited to payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and Severance pay (except as provided in §5.609(c)(3)); Annual income includes income of all family members, including any family member who has not established eligible immigration status. Staff recommends that the Community Development Commission Board consider the adoption of the attached Resolution approving the revisions to the Section 8 Administrative Plan; and authorizing the submittal of the plan to the U.S. Department of Housing and Urban Development. 13 RESOLUTION NO 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE REVISIONS TO THE SECTION 8 ADMINISTRATIVE PLAN, AND AUTHORIZING SUBMITTAL OF THE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on October 21, 1998, the U.S. Congress enacted Public Law 105- 276, known as the Quality Housing and Work Responsibility Act (QHWRA) notifying housing authorities to adopt and amend an Administrative Plan, including local policies for admissions and continued participation in accordance with the new HUD requirements; and WHEREAS, the Community Development Commission's Section 8 staff has developed, revised, and reviewed said Administrative Plan for any significant amendments or modifications. NOW THEREFORE BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the revision of the Section 8 Administrative Plans, as set forth in that document dated April 6, 2010, and authorizes the submittal of said plan to the U.S. Department of Housing and Urban Development. PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE: April 6, 2010 AGENDA ITEM NO. 35 EM TITLE: A Resolution approving a Tidelands Use and Occupancy Permit with the Port of San Diego, at no cost to the Community Development Commission, to allow continued operation of the National City Aquatic and Education Center out of temporary facilities at Pepper Park. PREPARED BY: Patricia Beard PHONE: 4255 EXPLANATION: DEPARTMENT: Redevelopment Division APPROVED BY: On behalf of the CDC, the South Bay Family YMCA is continuing to offer kayaking, rowing and environmental education programming at Pepper Park through donated facilities temporarily called the National City Aquatic Center. These activities occur based on a Tidelands Use and Occupancy Permit with the Port of San Diego and an Operating Agreement with the South Bay Family YMCA. Tonight the CDC will be asked to consider approving an extension of the Tidelands Use and Occupancy Permit with the Port of San Diego from May 1, 2010 — April 30, 2014 so that programming can continue. The YMCA will appear at this meeting to update the CDC on the variety of National City programs they are operating, including programming through the Aquatic Center. Status of the permanent Aquatic Center project: The project is at the building permit stage but is on hold due to funding constraints. Staff from the City, YMCA and Port are preparing a grant application —eking construction funding from the California Prop 84 program. Applications are due in July. An tension to the YMCA's agreement to operate the facility for National City will be brought forward for consideration later this year. FINANCIAL STATEMENT: APPROVED: N/A Finance ACCOUNT NO. There is no cost for the Temporary Use and APPROVED: N/A Occupancy Permit. ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Report from South Bay Family YMCA 2. Proposed Agreement RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE TIDELANDS OCCUPANCY PERMIT WITH THE PORT OF SAN DIEGO TO ALLOW CONTINUED OPERATIONS AT THE NATIONAL CITY AQUATIC CENTER IN PEPPER PARK WHEREAS, the Community Development Commission (CDC) manages the National City Aquatic Center at Pepper Park in National City; and WHEREAS, Pepper Park is held in trust from the State of California by the Port of San Diego, which has permitting authority for the site; and WHEREAS, the current Tidelands Use and Occupancy Permit for the Aquatic Center will expire on April 30, 2010; and WHEREAS, the Port has offered to extend the time of the no cost Tidelands Use and Occupancy Permit to allow for the continuation of Aquatic Center operations from May 1, 2010 until April 30, 2014, or such time as the permanent Aquatic Center can be constructed and opened. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the Tidelands Use and Occupancy Permit with the Port of San Diego to allow continued operations at the National City Aquatic Center in Pepper Park. PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, 11I City Attorney Xvim FOR SOUTH BAY FAMILY YMCA March 24, 2010 ATTACHMENT 1 Honorable Mayor Ron Morrison & City Council City of National City 1243 National City Blvd. National City, CA 91950 Dear Mayor Morrison and Members of the Council: 1201 Paseo Magda Chub Vista, California 91910 Telephone (619) 421.8805 FAX (619)421-8012 I am writing on behalf of the Board of Management and Staff of the South Bay Family YMCA to reaffirm our commitment to serving the City of National City and our commitment to providing meaningful and relevant programming for National City residents. The South Bay Family YMCA service area encompasses all of Chula Vista, Bonita and National City. While the main offices of the South Bay Family YMCA are located in Chula Vista, the South Bay Family YMCA has a long history of serving residents of National City. Over the past several years, the YMCA has either directly operated YMCA programs or has been part of a collaborative effort to provide the following programs for National City: 3rd Grade Swim Program — This program was done in collaboration with National School District from 2002 - 2009. All 3rd graders within the National School District were bussed to our YMCA for Swim lessons. Unfortunately, the current economic downturn has limited the availability of funding for this program. Our YMCA is actively seeking grants so that we may continue to provide this service in the future. Licensed Childcare Programs — Until recently, the South Bay Family YMCA operated a licensed school age childcare program on the campus of Olivewood Elementary School. This program was closed in February due to the elimination of a state grant that was providing the funding to serve kids and families in this program. After School Programs — From 1999 through 2003, the YMCA provided the After School programs on campus at the 10 Elementary School Sites within the National School District serving over 1,000 kids on a daily basis. In addition, our YMCA provides after school programming on the campuses of National City Middle School and Granger. The South Bay Family YMCA has joined forces with South Bay Community Services and the Sweetwater Union High School District in order to offer one of the most dynamic after school programs around (Club TC). Club TC programs are free and aimed at providing positive, supervised activities for teens during the critical hours of 3 - 6pm. Programs operate "on site" at local middle and high schools. Daily activities consist of homework assistance, sports, arts and character development. Middle School Sports — the YMCA currently provides the Middle School Sports programming for Granger and National City Middle School. We provide 3 seasons (Fall, Winter, & Spring) of various sports including baseball, softball, flag football, basketball soccer and volleyball for both boys & girls. Last year, we served over 120 kids participated in these programs. In addition, Granger and National City Middle participate Cat A tegck4 meg. MISSION STATEMENT: "The South Bay Family YMCA is dedicated to improving the quality of human lift and to helping ad people realize their fullest potential as children of God through development of the spirit, mind and eddy-' lv� FOR SOUTH BAY FAMILY YMCA 1201 Paseo Magda Chula Vista, California 91910 Telephone (619)421-8805 FAX (619)421-8012 in our Middle School Invitational program with leagues in Winter & Spring. Teams from Granger also participate in our TrYangle Basketball league. Gear Up — In partnership with Sweetwater Union High School District, the YMCA is on campus at Sweetwater High School for the Gear Up program. The YMCA provides tutoring and leadership development services serving more than 200 students annually. Kayaking — a new Director was hired in November 2008. After the Boat Launch ramp was reopened he has created new programming which has greatly expanded the number of kids and families participating in Kayaking. More than 85 residents have participated in 12 different class offerings and events over the past several months. In addition, there are several new programs planned for spring and summer 2010. In addition, YMCA staff has invested hundreds of hours in attending meetings, seeking and writing grants, attending training and working with Patricia Beard to help bring the Aquatic Center to fruition. Membership & Program Participants — In addition to those programs listed above, there are 177 residents of National City who are members of our YMCA, and more than 167 residents of National City who are involved in various YMCA programs such as sports leagues, gymnastics, swim lessons, day camp, and fitness programming. Finally, our YMCA is an active member of the National City Chamber of Commerce; we participate in National City events and have donors and Board members from National City who help to guide our YMCA's work. We also participate in the National City Collaborative. Since our founding in 1960, our YMCA has been committed to serving the National City community and helping to improve the quality of life for hundreds of kids, teens, families and older adults. While the list above certainly demonstrates our commitment to providing quality programs and services, we also recognize there is always more to be done. The South Bay Family YMCA's Strategic Plan — "Road Map" 2010 calls for major expansion of programming in National City. Given the opportunity, the YMCA can and will be a good partner in positively impacting the lives of residents in National City. We would greatly value and appreciate the opportunity to continue our work together in serving the residents of National City and would welcome any request for additional information or questions. Sincerely, ('oat4-441,6 Tina Williams Executive Director A mclebd pager. MISSION STATEMENT: "The South Bay Family YMCA is dedicated to improving the quality of human life and to helping all people Iealize their futicst potential as children of God through development of the spirit, mind and body." ATTACHMENT 2 TIDELAND USE AND OCCUPANCY PERMIT THIS PERMIT, granted this day of , 20 , by the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "District," to COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation„ hereinafter called "Tenant," WITNESSETH: District for the considerations hereinafter set forth, hereby grants to Tenant upon the terms and conditions and for the purposes and uses hereinafter set forth, the right to use and occupy a portion of those lands conveyed to the San Diego Unified Port District by that certain Act of the Legislature of the State of California, entitled "San Diego Unified Port District Act," Stats. 1962, 1st Ex. Sess., c. 67, as amended, which lands are more particularly described as follows: Approximately 5,557 square feet of land and 2,105 square feet of overhead electrical transmission corridor located in Pepper Park in the city of National City, more particularly described as Parcel No. 1 and Parcel No. 2 respectively and delineated on District Drawing No. 028-023, dated April 19, 2005, attached hereto as Exhibit "A" and by this reference made a part hereof. This Permit is granted upon the following terms and conditions: 1. TERM: The term of this Permit shall be for four (4) years, commencing on the 1st day of May, 2010, and ending on the 30th day of April, 2014, unless sooner terminated as herein provided. 2. CONSIDERATION: Consideration is the benefit to the District and the People of the State of California, for proving a temporary youth aquatic center. 3. USE: The above -described premises shall be used only and exclusively for the purpose of storage of two (2) trailers in the sizes of 60' x 24' and 40' x 24', on Parcel 1 of the premises, for the operation of a temporary youth aquatic center, and Parcel No. 2 of the premises shall be used for installation of overhead electrical transmission facilities and appurtenances with supporting poles and for no other purpose whatsoever without the prior written consent of the Executive Director of District in each instance. 1 ORIGINAL 4. ASSIGNMENT -SUBLEASE -ENCUMBRANCE: Tenant shall not encumber this Permit, the premises thereof and the improvements thereon by a deed of trust, mortgage, or any other security instrument without the express written consent of the District, evidenced by resolution first had and obtained in each instance. Furthermore, neither the whole nor any part of the rented premises nor any of the rights or privileges granted by this Permit shall be assignable or transferable in any way without such consent. Nor shall Tenant grant any permission to any other person to occupy any portion of the rented premises without such consent. Any such purported assignment, transfer, sublease, encumbrance, or permission given without such consent shall be void as to District. 5. IMPROVEMENTS: Tenant acknowledges prior examination of the premises and the condition thereof, and agrees that the improvements thereon, if any, are in their present condition, satisfactory and usable for Tenant's purposes and that no representations as to value or condition have been made by or on behalf of District. Tenant agrees that it shall make no changes or alterations in the premises, nor make, erect, or install any machines, signs, or other improvements thereon without the consent in writing of the Executive Director of District. Tenant further agrees to provide proper containers for trash and to keep the premises free and clear of rubbish, debris, and litter at all times. 6. MAINTENANCE: Tenant hereby agrees that the premises are in a good and tenantable condition, that Tenant will take good care of the premises and appurtenances, including any personal property belonging to District; and that Tenant, as a part of the consideration for rental stated above, will at Tenant's sole cost and expense keep and maintain said premises, appurtenances, and personal property in good and sanitary condition and repair during the term of this Permit, subject to normal and ordinary wear and tear resulting from the use of the above -described premises as herein provided. District shall at no time during the term of this Permit be required to make any improvements or repairs to the above -described premises. 7. TITLE TO IMPROVEMENTS: On the commencement date of the term of this Permit, all existing structures, buildings, installations, and improvements of any kind located on the above -described premises are owned by and title thereto is vested in District. Any installations or improvements subsequently placed on the premises by Tenant in such fashion as to be permanently attached thereto shall be and remain the property of District and shall not be removable by Tenant. The two (2) trailers described in section 3 herein, as well as any machines, appliances, and equipment of any kind placed on the above -described premises by Tenant are owned by and title thereto is vested in Tenant and shall be removed by Tenant within thirty (30) days after the expiration of the term of this Permit or sooner termination thereof; provided, however, Tenant agrees to repair any and all damage occasioned by the removal thereof. If any such machines, appliances, and equipment are not removed within thirty (30) days after the termination of this Permit, the same may be considered abandoned and shall thereupon become the property of District without cost to the District and without payment to Tenant, except that District shall have the right to have the same removed at the expense of Tenant. 2 During any period of time employed by Tenant under this paragraph to remove machines, appliances, and equipment, Tenant shall continue to pay the full rental to District in accordance with this Permit which said rental shall be prorated daily. 8. REMOVAL OF MATERIALS: Tenant hereby agrees that upon the expiration of this Permit or the sooner termination as herein provided, it will remove within thirty (30) days all ships, vessels, barges, hulls, debris, surplus, and salvage materials from the land area and water area forming a part of or adjacent to the above -described premises, so as to leave the same in as good condition as when first occupied by Tenant, subject to reasonable wear and tear; provided, however, that if any said ships, vessels, barges, hulls, debris, surplus, and salvage materials shall not be so removed within thirty (30) days by Tenant, District may remove, sell, or destroy the same at the expense of Tenant; and Tenant hereby agrees to pay District the cost of such removal, sale, or destruction; or at the option of District, the title to said ships, vessels, barges, hulls, debris, surplus, and salvage materials not removed shall become the property of District. During any period of time employed by Tenant under this paragraph to remove ships, vessels, barges, hulls, debris, surplus and salvage materials, or test for and/or remediate Contaminants as required in this Permit, Tenant shall continue to pay the full rental to District in accordance with this Permit which said rental shall be prorated daily. 9. TERMINATION: This Permit may be terminated by Executive Director of District or his duly authorized representative or Tenant as a matter of right and without cause at any time upon the giving of thirty (30) days' notice in writing to the other party of such termination. 10. HOLD HARMLESS: Tenant shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless District and its officers, employees, and agents for any and all liability, claims, judgments, damages, proceedings, orders, directives, costs, including reasonable attorneys' fees, or demands arising directly or indirectly out of the obligations undertaken in connection with this Permit, or Tenant's use, occupancy, possession or operation of the above -described premises, except claims or litigation arising through the sole negligence or willful misconduct of District. It is the intent of this Paragraph that Tenant indemnify and hold harmless District for any actions of Tenant or District, including duties that may be legally delegated to Tenant or to third parties, except for those arising out of the sole negligence or willful misconduct of District. This indemnity obligation shall apply for the entire time that any third party can make a claim against or sue District for liabilities arising out of Tenant's use, occupancy, possession, or operation of the above -described premises, or arising from any defect in any part of the premises. 11. INSURANCE: Tenant shall maintain "OCCURRENCE" form Commercial General Liability Insurance covering premises and operations in the amount of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of Tenant, of any person acting for it or under its control or direction, or any person authorized by it to use the rented premises. Either the general aggregate limit shall apply separately to this location or the general aggregate limit shall be twice the required occurrence limit. 3 All required insurance shall be in force the first day of the term of this Permit. All insurance companies must be satisfactory to District, and the cost of all required insurance shall be borne by Tenant. Certificates in a form acceptable to District evidencing the existence of the necessary insurance policies, and original endorsements effecting coverage required by this clause, shall be kept on file with District during the entire term of this Permit. Certificates for each insurance policy are to be signed by a person authorized by that insurer to issue evidence of coverage on its behalf. Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The District reserves the right to require complete, certified copies of all required policies at any time. All liability insurance policies will name, or be endorsed to name, District, its officers, officials and employees as additional insureds and protect District, its officers, officials and employees against any legal costs in defending claims. All insurance policies will be endorsed to state that coverage will not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to the District. And, all insurance policies will be endorsed to state that Tenant's insurance is primary and not excess or contributing to any insurance issued in the name of District. Any deductibles or self -insured retentions must be declared and acceptable to the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the District, its officers, officials, and employees; or, the Tenant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. District shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of District, the insurance provisions in this Permit do not provide adequate protection for District and/or for members of the public, District may require Tenant to obtain insurance sufficient in coverage, form and amount to provide adequate protection. District's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of risk which exist at the time a change in insurance is required. District shall notify Tenant in writing of changes in the insurance requirements and, if Tenant does not deposit certificates evidencing acceptable insurance policies with District incorporating such changes within sixty (60) days of receipt of such notice, this Permit shall be in default without further notice to Tenant, and District shall be entitled to all legal remedies. The procuring of such required policies of insurance shall not be construed to limit Tenant's liability hereunder, nor to fulfill the indemnification provisions and requirements of this Permit. Notwithstanding said policies of insurance, Tenant shall be obligated for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with this Permit or with the use or occupancy of the rented premises. Tenant may satisfy the requirements of this Section 11 by maintaining its lawful self -insured status during the term of this Permit. Tenant must provide a letter of self-insurance to satisfy the requirement 4 12. TAXES AND UTILITIES: This Permit may result in a taxable possessory interest and be subject to the payment of property taxes. Tenant agrees to and shall pay before delinquency all taxes and assessments of any kind assessed or levied upon Tenant or the above -described premises by reason of this Permit or of any buildings, machines, or other improvements of any nature whatsoever erected, installed, or maintained by Tenant or by reason of the business or other activities of Tenant upon or in connection with the above - described premises. Tenant shall also pay any fees imposed by law for licenses or permits for any business or activities of Tenant upon the above -described premises or under this Permit, and shall pay before delinquency any and all charges for utilities at or on the above - described premises. 13. CONFORMANCE WITH RULES AND REGULATIONS: Tenant agrees that, in all activities on or in connection with' the above -described premises, and in all uses thereof, including the making of any alterations, changes, installations, or other improvements, it shall abide by and conform to all laws and regulations. Said laws and regulations shall include, but are not limited to those prescribed by the San Diego Unified Port District Act; the District's Tariff No. 1-G; any directives issued by the Senior Director of Maritime pertaining to Maritime facilities; any ordinances of the city in which the above -described premises are located, including the Building Code thereof; any ordinances and general rules of District; and any applicable laws of the State of California or Federal Government; as any of the same now exist or may hereafter be adopted or amended. In particular and without limitation, Tenant shall have the sole and exclusive obligation and responsibility to comply with the requirements of: (i) Article 10 of District Code entitled "Stormwater Management and Discharge Control," and (ii) the Americans With Disabilities Act of 1990, including but not limited to regulations promulgated thereunder, and District shall have no obligations or responsibilities as to the above -described premises. 14. POLICY OF DISTRICT: It is the policy of District that prevailing wage rates shall be paid all persons who are employed by Tenant on the property of District. 15. DEFAULT: If any default be made in the payment of the rental herein provided or in the fulfillment of any terms, covenants, or conditions hereof, and said default is not cured within ten (10) days after written notice thereof, this Permit shall immediately terminate and Tenant shall have no further rights hereunder and shall immediately remove from said premises; and District shall immediately thereupon, without recourse to the courts, have the right to reenter and take possession of said premises. District shall further have all other rights and remedies as provided by law, including without limitation the right to recover damages from Tenant in the amount necessary to compensate District for all the detriment proximately caused by Tenant's failure to perform its obligations under this Permit or which in the ordinary course of things would be likely to result therefrom. 16. LIENS: Tenant agrees that it will at all times save District free and harmless and defend and indemnify it against all claims and liens for labor, services or -materials in connection with improvements, repairs, or alterations on the premises caused to be performed by Tenant, and the costs of defending against such claims, including reasonable attorney's fees. 5 17. BANKRUPTCY: In the event Tenant commences a proceeding under Chapter XI of the Federal Bankruptcy Act, or is adjudicated bankrupt or insolvent, or a judicial sale is made of Tenant's interest under this Permit, this Permit shall at the option of District immediately terminate and all rights of Tenant hereunder shall immediately cease and terminate. 18. EASEMENTS: This Permit and all rights given hereunder shall be subject to all easements and rights -of -way now existing or heretofore granted or reserved by District in, to, or over the premises for any purpose whatsoever, and shall be subject to such rights -of - way for reasonable access, sewers, pipelines, conduits, and such telephone, telegraph, light, heat, or power lines as may from time to time be determined by District to be in the best interests of the development of the tidelands. District agrees that such easements and rights -of -way shall be so located and installed as to produce a minimum amount of interference to the business of Tenant. 19. TITLE OF DISTRICT: District's title is derived from the provisions of the San Diego Unified Port District Act, Appendix 1, Harbors & Navigation Code, and is subject to the provisions of said Act. This Permit is granted subject to the terms and conditions of said Act. 20. JOINT AND SEVERAL LIABILITY: If Tenant, as a party to this Permit, is a partnership or joint venture, or is comprised of more than one party or entity or a combination thereof, the obligations imposed on Tenant under this Permit shall be joint and several, and each general partner, joint venturer, party, or entity of Tenant shall be jointly and severally liable for said obligations. Furthermore, nothing contained herein shall be deemed or construed as creating a partnership or joint venture between District and Tenant or between District and any other entity or party, or cause District to be responsible in any way for the debts or obligations of Tenant, or any other party or entity. 21. NONDISCRIMINATION: Tenant agrees at all times to fully comply with all laws prohibiting discrimination against any person or class of persons by reason of sex, color, race, religion, handicap or national origin. If the use provided for in this Permit allows the Tenant to offer accommodations or services to the public, such accommodations or services shall be offered by the Tenant to the public on fair and reasonable terms. In complying with all such laws, including, without limitation, the Americans With Disabilities Act of 1990, Tenant shall be solely responsible for such compliance and required programs and there shall be no allocation of any such responsibility between District and Tenant. 22. ENTIRE UNDERSTANDING: This Permit contains the entire understanding of the parties, and Tenant, by accepting the same, acknowledges that there is no other written or oral understanding between the parties in respect to the above -described premises. No modification, amendment, or alteration of this Permit shall be valid unless it is in writing and signed by the parties hereto. 23. PEACEABLE SURRENDER: Upon the termination of this Permit by the expiration thereof or the earlier termination as by the terms of this Permit provided, Tenant will peaceably surrender said above -described premises in as good condition, subject to normal and ordinary wear and tear resulting from the use of such premises as herein provided, as 6 the same may be at the time Tenant takes possession thereof, and to allow District to take peaceable possession thereof. 24. HOLDOVER: This Permit shall terminate without further notice at expiration of the term. Any holding over by Tenant after either expiration or termination shall not constitute a renewal or extension or give Tenant any rights in or to the premises. If Tenant, with District's consent, remains in possession of the premises after expiration or termination of the term or after the date in any notice given by District to Tenant terminating this Permit, such possession by Tenant shall be deemed to be a month -to -month tenancy terminable on thirty (30) days' notice given at any time by either party. All provisions of this Permit, except those pertaining to term, shall apply to the month -to - month tenancy. 25. ACCEPTANCE OF PREMISES: BY SIGNING THIS PERMIT, TENANT REPRESENTS AND WARRANTS THAT IT HAS INDEPENDENTLY INSPECTED THE PREMISES AND MADE ALL TESTS, INVESTIGATIONS AND OBSERVATIONS NECESSARY TO SATISFY ITSELF OF THE CONDITION OF THE PREMISES. TENANT AGREES IT IS RELYING SOLELY ON SUCH INDEPENDENT INSPECTION, TESTS, INVESTIGATIONS AND OBSERVATIONS IN MAKING THIS PERMIT. TENANT ALSO ACKNOWLEDGES THAT THE PREMISES ARE IN THE CONDITION CALLED FOR BY THIS PERMIT, THAT DISTRICT HAS PERFORMED ALL WORK WITH RESPECT TO PREMISES AND THAT TENANT DOES NOT HOLD DISTRICT RESPONSIBLE FOR ANY DEFECTS IN THE PREMISES. TENANT FURTHERMORE ACCEPTS AND SHALL BE RESPONSIBLE FOR ANY RISK OF HARM TO ANY PERSON AND PROPERTY, INCLUDING WITHOUT LIMITATION EMPLOYEES OF TENANT, FROM ANY LATENT DEFECTS IN THE PREMISES. Initial: District Tenant 26. WARRANTIES -GUARANTEES: District makes no warranty, guarantee, covenant, including but not limited to covenants of title and quiet enjoyment, or averment of any nature whatsoever concerning the condition of the above -described premises, including the physical condition thereof, or any condition which may affect the above -described premises; and it is agreed that District will not be responsible for any loss or damage or costs which may be incurred by Tenant by reason of any such condition or conditions. 27. ATTORNEY'S FEES: In the event any suit is commenced to enforce, protect or establish any right or remedy of any of the terms and conditions hereof, including without limitation a summary action commenced by District under the laws of the State of California relating to the unlawful detention of property, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 28. HAZARDOUS MATERIALS: Tenant shall comply with all laws regarding hazardous substances, materials or wastes, or petroleum products or fraction thereof (herein collectively referred to as "Contaminants") relative to occupancy and use of the premises. Tenant shall be liable and responsible for any Contaminants arising out of the occupancy or use of the premises by Tenant. Such liability and responsibility shall include, but not be limited to, (i) removal from the premises any such Contaminants; (ii) removal from any area outside the premises, including but not limited to surface and groundwater, any such Contaminants generated as part of the operations on the premises; (iii) damages to 7 persons, property and the premises; (iv) all claims resulting from those damages; (v) fines imposed by any governmental agency, and (vi) any other liability as provided by law. Tenant shall defend, indemnify and hold harmless the District, its officials, officers, agents, and employees from any and all such responsibilities, damages, claims, fines, liabilities, including without limitation any costs, expenses and attorney's fees therefor. District shall have a direct right of action against Tenant even if no third party has asserted a claim. Furthermore, District shall have the right to assign said indemnity. If Tenant has in the past or continues to use, dispose, generate, or store Contaminants on the premises, District, or its designated representatives, at District's sole discretion, may at any time during the term of this Permit, enter upon the premises and make any inspections, tests or measurements District deems necessary in order to determine if a release of Contaminants has occurred. District shall give Tenant a minimum of twenty-four (24) hours' notice in writing prior to conducting any inspections or tests, unless, in District's sole judgment, circumstances require otherwise, and such tests shall be conducted in a manner so as to attempt to minimize any inconvenience and disruption to Tenant's operations. If such tests indicate a release of Contaminants, then District, at District's sole discretion, may require Tenant, at Tenant's sole expense, and at any time during the term of this Permit, to have tests for such Contaminants conducted by a qualified party or parties on the premises. If District has reason to believe that any Contaminants that originated from a release on the premises have contaminated any area outside the premises, including but not limited to surface and groundwater, then District, at District's sole discretion, may require Tenant, at Tenant's sole expense, and at any time during the term of this Permit, to have tests for such Contaminants conducted by a qualified party or parties on said area outside the premises. The tests conducted by Tenant's qualified party shall include, but not be limited to, applicable comprehensive soil, emission, or groundwater sampling test or other procedures to determine any actual or possible contamination. Tenant shall expeditiously, but no longer than thirty (30) days after District's request for such tests, furnish to District the results of said tests, sampling plans, and analysis thereof identifying any Contaminants which exceed then applicable levels permitted by federal, state, or local laws. Tenant shall report such contamination to the District within seventy-two (72) hours and shall diligently proceed to identify the extent of contamination, how it will be remediated, when it will be remediated, by whom, and the cost of such remediation. 29. UNDERGROUND STORAGE TANKS: In the event any underground storage tanks are located on the premises or hereinafter placed on the premises by any party during the term or extension of this Permit, Tenant shall be responsible for tank monitoring of all such underground storage tanks as required by the County of San Diego Hazardous Material Management Division (HMMD) or any other responsible agency. Tenant further agrees to take responsibility for reporting unauthorized releases to HMMD and the District within twenty-four (24) hours of such unauthorized release. Tenant will be responsible for all fees and costs related to the unauthorized release of Contaminants including but not limited to investigative, surface and groundwater cleanup, and expert and agency fees. Tenant shall maintain evidence of financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by a release from the underground tank system. Tenant further agrees to be responsible for maintenance and repair of the storage tanks, obtaining tank permits, filing a business plan with HMMD or 8 other responsible agency and for paying underground storage tank fees, permit fees, and other regulatory agency fees relating to underground storage tanks. Tenant agrees to keep complete and accurate records on the premises for a period of not less than thirty-six (36) months from the applicable events, including, but not limited to permit applications, monitoring, testing, equipment installation, repairing and closure of the underground storage tanks, and any unauthorized releases of Contaminants and make such records available for District or responsible agency inspection. Tenant further agrees to include a copy of Health and Safety Code, Chapter 6.7, Section 25299, as part of any agreement between Tenant and any Operator of such underground storage tanks. Furthermore, Tenant shall be responsible for compliance with all other laws and regulations presently existing or hereinafter enacted applicable to underground storage tanks, including without limitation any such laws and regulations which alter any of the above requirements. 30. ABOVEGROUND STORAGE TANKS: Tenant shall be responsible for any aboveground storage tanks on the premises. Tenant shall, in accordance with this Permit and applicable laws and regulations, secure and pay for all necessary permits and approvals, prepare a spill prevention control counter measure plan and conduct periodic inspections to ensure compliance therewith, including conformance with the latest version of said laws and regulations. In addition, Tenant shall maintain and repair said tanks and conform and comply with all other applicable laws and regulations for aboveground storage tanks, including without limitation all of the requirements of Health & Safety Code, Sections 25270 through 25170.13 as presently existing or as hereinafter amended, including without limitation conducting daily visual inspection of said tanks, allowing the San Diego Regional Water Quality Control Board, District, or responsible agency, to conduct periodic inspections and complying with valid orders of said Board, filing the required storage tank statement and payment of the fee therefor, establishing and maintaining the required monitoring program and systems, reporting spills as required, and payment of lawfully imposed penalties as provided therein and as otherwise provided by law. Tenant shall be responsible for all costs associated with an unauthorized release from such tanks, including but not limited to, investigative, surface and groundwater cleanup, expert and agency fees. 31. DISPUTE RESOLUTION: All disputes or disagreements between or among the parties arising out of or relating to the terms, conditions, interpretation, performance, default or any other aspect of this Permit, such parties shall first attempt to resolve the dispute informally. In the event the dispute is not resolved informally, prior to and as a precondition to the initiation of any legal action or proceeding, the parties shall refer the dispute to mediation before a retired State or Federal judge mutually selected by the parties. The dispute shall be mediated through informal, nonbinding joint conferences or separate caucuses with an impartial third party mediator who will seek to guide the parties to a consensual resolution of the dispute. The mediation proceeding shall be conducted within thirty (30) days (or any mutually agreed longer period) after referral, and shall continue until any party involved concludes, in good faith, that there is no reasonable possibility of resolving the dispute without resort to a legal action or proceeding. All costs of the mediation shall be shared equally by the parties involved. Each party shall bear its own attorneys' fees and other costs incurred in connection with the mediation. In the event the parties are unable to resolve the dispute through mediation, in addition to any other rights or remedies, any party may institute a legal action. 9 32. NOTICES: Any notice or notices provided for by this Permit or by law to be given or served upon Tenant may be given or served by certified or registered letter addressed to Tenant at 1243 National City Boulevard, National City, CA 91950-4301 and deposited in the United States mail, or may be served personally upon said Tenant or any person hereafter authorized by it in writing to receive such notice; and that any notice or notices provided for by this Permit or by law to be served upon District may be given or served by certified or registered letter addressed to Executive Director of District at the Administrative Offices of the San Diego Unified Port District, Post Office Box 120488, San Diego, California 92112- 0488 and deposited in the United States mail, or may be served personally upon said Executive Director or his duly authorized representative; and that any notice or notices given or served as provided herein shall be effectual and binding for all purposes upon the parties so served. 33. SECTION HEADINGS: The section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision hereof. 34. SIGNATURE OF PARTIES: it is an express condition of this Permit that said Permit shall not be complete nor effective until signed by either the Executive Director or his authorized designee on behalf of District and by other party. Port Attorney By DEPUTY PORT ATTORNEY SDUPD Doc, No. 404631 LO:TBD SAN DIEGO UNIFIED PORT DISTRICT By COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By Signature PRINT NAME: PRINT TITLE: 10 (n 028-007 THE PASHA GROUP PARCEL NO. 1 5,557 SQ.FT O0g,270 f (013 ACRE) 0 IN N �T•4A'23� A431-. 3"DIA. BRASS DISK MONUMENT STAMPED "SDUPD-020" AS SHOWN ON R.O.S. NO.16668 028 009 PEPPER PARK NOTE 1. PERMIT AREA SHOWN SHADED 2. BEARINGS AND DISTANCES ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, N.A.D. 83, EPOCH 1991.35. W PARCEL NO. 2 SEE SHEET 2 N 0 25' 50' 100' 1"=50' DR/�WN MICHAEL CHECKEt 4'SA f L. REIAEWED40 •LUiete&C- SAN DIEGO UNIFIED PORT DISTRICT TIDELAND USE AND OCCUPANCY PERMIT WfTfUN CORPORATE LIMITS OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION CITY OF NATIONAL CITY II DATE 19 APRIL 2005 SCALE 1'=50' REF. FIELD SURVEY DRAWING NO. SHEET 10F z_ 028-023 DEVSERV\REMI\e028\028-023\028-023_041905.dwg N 15'22'00" E 51.18' OggTZ20g PARCEL NO. 2 (OVERHEAD ELECTRIC LINE) 2,105 SQ.FT (0.05 ACRE) 028-009 PEPPER PARK NOTE 1. PERMIT AREA SHOWN SHADED 2. BEARINGS AND DISTANCES ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, N.A.D. 83, EPOCH 1991.35. ,FOL),'L 4 NOO 6 00 ; •3 00 r 0 10' 20' 30' `J co S.D.G.E. TRANSFORMER 60' = 30' DRAWN MICHAEL FOSTER CHECKED ,d.s,Atdp�tct— i SAN DIEGO UNIFIED PORT DISTRICT TIDELAND USE AND OCCUPANCY PERMIT WITHIN CORPORATE UMITS OF NATIONAL. CITY COMMUNITY DEVELOPMENT COMMISSION CITY OF NATIONAL Hi b DATE 19 APRIL 2005 SCALE 1 "=30' REF. AEU) SURVEY DRAWING NO. SHEET 2.0F 2_ ,028-023 UI\e028\028-023\028-023_041905.dwg ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT April 6, 2010 AGENDA ITEM NO. 36 ITEM TITLE: Resolution of the Community Development Commission of the City of National City authorizing the appropriation of $125,000 in Tax Increment Funds for the City's Safe Route to School Project for construction of a roundabout at the intersection of D Avenue and E. 12th Street PREPARED BY: Stephen Manganiello, Traffic Engineer PHONE: 336-4382 EXPLANATION: See attached. DEPARTMENT: Devel APPROVED BY: es/Eng FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Establish appropriations for FY 2010-11 in the amount of $125,000 in project number 511-409-500-6175 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A TACHMENTS: 1. Resolution 2. Explantion Explanation On September 1, 2009, the City Engineer presented a staff report to City Council summarizing the Roundabout Safety Enhancement Project for the intersection of D Avenue and E. 12th Street and award of a $500,000 State Safe Routes to School Grant for the project. Improvements include splitter islands on each approach for pedestrian refuge, ADA ramps, crosswalks, signing and striping enhancements, lighting, drainage and landscaping. The goal is to improve pedestrian access, reduce vehicle speeds, collisions and cut -through traffic, and provide a safer environment to encourage more children to walk to and from Otis Elementary School, Central Elementary School and National City Middle School. Funding for public outreach and education is also available through the grant. Design and engineering for the project is scheduled to being in August 2010. On January 19, 2010, the State of California Department of Transportation (Caltrans) allocated $500,000 of State Safe Routes to School funds for construction of a roundabout at the intersection of D Avenue and E. 12h Street. Local matching funds in the amount of $125,000 are required for a total project cost of $625,000. We are requesting the Community Development Commission to authorize the appropriation of $125,000 in Tax Increment Funds to cover the match for this project. This item is a companion to Rem #7, which is a City Council resolution to execute a Program Supplement Agreement with Caltrans to encumber funding for the project. RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF $125,000 IN TAX INCREMENT FUNDS FOR THE CITY'S SAFE ROUTES TO SCHOOL PROJECT FOR CONSTRUCTION OF A ROUNDABOUT AT THE INTERSECTION OF D AVENUE AND EAST 12TH STREET WHEREAS, on September 1, 2009, the City Engineer presented a report to the City Council summarizing the Roundabout Safety Enhancement Project for the intersection of D Avenue and East 12th Street; and WHEREAS, on January 19, 2010, the State of California Department of Transportation (CalTrans) allocated $500,000 of State Safe Routes to School funds for the construction of a roundabout at the intersection of D Avenue and East 12th Street, with required matching funds in the amount of $125,000, for a total project cost of $625,000; and WHEREAS, the project goal is to improve pedestrian access, reduce vehicle speeds, collisions, and cut -through traffic, and provide a safer environment to encourage more children to walk to and from Otis Elementary School, Central Elementary School, and National City Middle School; and WHEREAS, an appropriation in the amount of $125,000 is requested from the Tax Increment Undesignated Fund Balance to cover the matching funds for this project. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves an appropriation in the amount of $125,000 from the Tax Increment Undesignated Fund Balance to cover the matching funds for the construction of a roundabout at the intersection of D Avenue and East 12th Street as part of the State Safe Routes to School Program. PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary George H. Eiser, III City Attorney ITEM #37 4/6/10 CLOSED SESSION REPORT (CITY ATTORNEY)