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HomeMy WebLinkAbout2011 11-15 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 — November 15, 2011— 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 interpretation en espanol 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 11/15/2011 - Page 2 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. 1. Approval of the Minutes of the Special City Council/Community Development Commission Meeting of May 17, 2011, the Adjourned Meeting of May 31, 2011 and the Regular Meetings of October 18 and November 1, 2011. (City Clerk) 2. 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) 3. Resolution of the City Council of the City of National City authorizing the installation of 35 feet of red curb "No Parking" at the bus stop located on westbound E. 8th Street at B Avenue to enhance safety and ADA access. (Traffic Safety Committee Item No. 2011-23) (Development Services/Engineering) 4. Resolution of the City Council of the City of National City authorizing the removal and relocation of red curb "No Parking" to accommodate a bus stop relocation from westbound Plaza Boulevard at B Avenue to westbound Plaza Boulevard at National City Boulevard to improve service for National City residents and guests. (Traffic Safety Committee Item No. 2011-24) (Development Services/Engineering) 5. Resolution of the City Council of the City of National City authorizing the installation of 80 feet of red curb "No Parking" at the bus stop located on northbound D Avenue at E. 26th Street to enhance safety and ADA access. (Traffic Safety Committee Item No. 2011-25) (Development Services/Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/15/2011 - Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" with "No Stopping" signs on Euclid Avenue from Sweetwater Road, north to the City/County jurisdictional boundary under I- 805 to improve sight distance and alleviate vehicle storage issues. (Traffic Safety Committee Item No. 2011-26) (Development Services/Engineering) Resolution of the City Council of the City of National City approving an amendment to the City of National City's salary schedule to include a newly created MEA represented classification of Police Investigator (Non -sworn) at $4,106.35 to $4,991.31 per month (range 123); and a newly created Management group classification of Project Officer at $4,060 to $7,353 per month. (Human Resources) 8. Resolution of the City Council of the City of National City authorizing the Mayor to sign a County of San Diego Operational Area Public Works Mutual Aid Agreement. (Fire) 9. Resolution of the City Council of the City of National City approving Agreement with Chandler Asset Management for Investment Management Services for a 2- year term with 3 additional 1-year options. Fees will be based on the average balance of assets under Chandler's direct management at the annual rate of six basis points (0.06 of 1%). (City Manager) 10. Resolution of the City Council of the City of National City approving Investment Agreement with the San Diego County Treasurer -Tax Collector for Investment in the San Diego County Treasurer's Pooled Investment Fund, consistent with National City Investment Policy #203. Term of Agreement terminates when City of National City has withdrawn all funds from the Pool. (City Manager) 11. Request to use the Granger Musical Hall by National City Historical Society for a Holiday Dinner Party on Wednesday, December 7, 2011, from 1:00 pm to 10:00 pm, at no cost under the terms of the lease between Community Development Commission of National City and the National City HisAorica'. Society dated August 19, 2008. (Public Works) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/15/2011 - Page 4 CONSENT CALENDAR (Cont.) 12. WARRANT REGISTER #16 Warrant Register #16 or the period of 10/12/11 through 10/18/11 in the amount of $1,378,530.84. (Finance) 13. WARRANT REGISTER #17 Warrant Register #17 for the period of 10/19/11 through 10/25/11 in the amount of $940,370.10. (Finance) PUBLIC HEARINGS 14. Continued Public Hearing — Street Vacation vacating a portion of D Avenue, south of 31 st Street, and a portion of 32nd Street, east of D Avenue to allow construction of the 165,000 square -foot Gateway project. (Applicant: Sudberry Properties, Inc.) (Case File No. 2008-37 SC). (Development Services/Planning) **Companion Item #19** 15. Public Hearing to consider adoption of Resolutions amending Resolution Nos. 2010-59, 2010-70, and 2010-71, Resolutions of Necessity for the acquisition of real property for the Plaza Boulevard Street Widening Project (Nagraj, Inc., APN 557-410-19; Todd AI-Bayati/Samiya Abdul Sattar Kaddory, APN 557-420-30; Atremio P. Puedan/Flora O. Puedan, APN 557-410-05) (Development Services/City Attorney) **Companion Items #20, #21, #22** 16. Public Hearing — Planning Commission approval of a Conditional Use Permit for the construction of a foodmart with accessory beer and wine sales at an existing Shell gas station at 1601 East 8th Street. (Applicant: Vinters Distribution, Inc.) (Case File 2011-03 CUP) (Development Services/Planning) ORDINANCE FOR ADOPTION 17. An Ordinance of the City Council of the City of National City amending Title 18 (Zoning) of the National City Municipal Code by amending Section 18.29.070 pertaining to the Floodway Overlay Zones. (Applicant: City initiated) (Case File 2011-25 A) (Development Services/Planning) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/15/2011 - Page 5 NON CONSENT RESOLUTIONS 18. Resolution of Intention of the City Council of the City of National City authorizing the formation and implementation of the National City Tourism and Marketing District. (Administrative Services) 19. Resolution of the City Council of the City of National City authorizing execution of an Order of Vacation of a portion of D Avenue, south of 31st Street, and a portion of 32nd Street, east of D Avenue to allow construction of the 165,000 square -foot Gateway project. (Applicant: Sudberry Properties, Inc.) (Case File No. 2008-37 SC). (Development Services/Planning) **Companion Item #14** 20. Resolution of the City Council of the City of National City amending Resolution No. 2010-59, adopted on April 6, 2010, and finding and declaring the public interest and necessity for acquiring and authorizing condemnation and possession of certain real property interests for municipal purposes for the Plaza Boulevard Street Widening Project (Nagraj, Inc.) (A portion of Assessor's Parcel No. 557-410-19; 1700 East Plaza Boulevard) (City Attorney) **Companion Items #15, #21, #22** 21. Resolution of the City Council of the City of National City amending Resolution No. 2010-70, adopted on April 6, 2010, .and finding and declaring the public interest and necessity for acquiring and authorizing condemnation and possession of certain real property interests for municipal purposes for the Plaza Boulevard Street Widening Project (Todd AI-Bayati & Samiya Abdul Sattar Kaddory) (A portion of Assessor's Parcel No. 557-420-30; East Plaza Boulevard) (City Attorney) **Companion Items #15, #20, #22** 22. Resolution of the City Council of the City of National City amending Resolution No. 2010-71, adopted on April 6, 2010, and finding and declaring the public interest and necessity for acquiring and authorizing condemnation and possession of certain real property interests for municipal purposes for the Plaza Boulevard Street Widening Project (Artemio P. Puedan and Flora O. Pudean, Trustees) (A portion of Assessor's Parcel No. 557-410-05; 1736-1740 East Plaza Boulevard) (City Attorney) **Companion Items #15, #20, #21** CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 11/15/2011 - Page 6 NEW BUSINESS 23. Investment Report for quarter ended September 30, 2011. (Finance) 24. Report to the City Council of the City of National City from the appointed Independent Finance Committee containing a recommendation regarding the City of National City district sales tax pursuant to the provisions of Section 4.160.180 of the City of National City Municipal Code. (City Manager/Human Resources) 25. The 2012-2013 Annual Action Plan for the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs. (Administrative Services) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 26. Resolution of the Community Development Commission of the City of National City adopting the November 15, 2011 Amendment to the Enforceable Obligations Payment Schedule. (Redevelopment/Special Projects) 27. Investment Report for quarter ended September 30, 2011. (Finance) 28. Authorize the reimbursement of Community Development Commission expenditures in the amount of $88,571.79 to the City of National City for the period of 10/12/11 through 10/18/11. (Finance) 29. Authorize the reimbursement of Community Development Commission expenditures in the amount of $89,615.87 to the City of National City for the period of 10/19/11 through 10/25/11. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/15/2011 - Page 7 STAFF REPORTS 30. Report — City-wide Clean-up (Public Works) 31. Closed Session Report (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting — Tuesday — December 6, 2011 — 6:00 p.m. — Council Chambers — National City, California (Please see attached Modified City Council Meeting Schedule) OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk CORTJRA.TiD - 619-336-4228 phone / 619-336-4229 fax NOTICE OF MODIFIED CITY COUNCIL MEETING SCHEDULE Please be advised that the City Council has adopted the following modified meeting schedule for December 2011 and January 2012. 2011 December 6 2012 January 10 January 24 Meeting — 6:00 p.m. Meeting — 6:00 p.m. Meeting — 6:00 p.m. Beginning in February 2012, the normal City Council Meeting Schedule (the first and third Tuesday of the month) will resume. ITEM #1 11/15/11 APPROVAL OF THE MINUTES OF THE SPECIAL CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF MAY 17, 2011, THE ADJOURNED MEETING OF MAY 31, 2011 AND THE REGULAR MEETINGS OF OCTOBER 18 AND NOVEMBER 1, 2011. (CITY CLERK) 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 ITEM #2 11/15/11 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: November 15, 2011 AGENDA ITEM NO. 3 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of 35 feet of red curb "No Parking" at the bus stop located on westbound E. 8th Street at B Avenue to enhance safety and ADA access (TSC Item No. 2011-23) PREPARED BY: Stephen Manganiello, Traffic Engineer 11DEPARTMENT: PHONE: 619-336-4382 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on October 26, 2011 the Traffic Safety Committee approved the staff recommendation to install 35 feet of red curb "No Parking" at the bus stop. ATTACHMENTS: xplanation .esolution 3. Staff Report to the Traffic Safety Committee (October 26, 2011) Explanation Mr. Jeff Codling, Contract Services Administrator for the San Diego Metropolitan Transit System (MTS), has requested additional red curb for the bus stop located on westbound E. 8th Street at B Avenue (nearside of intersection). This is a very busy stop and when vehicles are parked just upstream of the existing red curb zone buses cannot pull adjacent to the curb. This presents safety concerns as well as access issues for disabled persons. Currently there is 35 feet of red curb at the bus stop followed by 50 feet of unrestricted parking and one blue curb handicap parking space. The handicap space was for a dental practice, which has since gone out of business. Therefore, the handicap parking space is no longer warranted. Staff recommends converting the handicap parking space into an unrestricted parking space. Staff also recommends converting 35 feet of unrestricted parking into additional red curb for the bus stop to allow the bus to safely pull into the stop, flush with the curbline. These improvements would provide for two unrestricted parking spaces. At their meeting on October 26, 2011 the Traffic Safety Committee "unanimously" approved the staff recommendation. All work will be completed by MTS at no expense to the City. TSC 2011-23 RESOLUTION NO. 2011— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CONVERSION OF ONE HANDICAP PARKING SPACE INTO"UNRESTRICTED' PARKING, AND THE INSTALLATION OF 35 FEET ADDITIONAL RED CURB"NO PARKING'AT THE BUS STOP LOCATED ON WESTBOUND EAST 8TH STREET AT B AVENUE, AS REQUESTED BY METROPOLITAN TRANSIT SYSTEM, TO ENHANCE TRAFFIC SAFETY AND ADA ACCESS, AT NO COST TO THE CITY WHEREAS, San Diego Metropolitan Transit System ('MTS) has requested additional red curb"No'Parking' at the bus stop located on westbound East 8th Street at B Avenue to provide adequate curb area for buses to pull up adjacent to the curb to enhance traffic safety and access for disabled persons; and WHEREAS, after inspecting the sight, staff recommends the conversion of one handicap parking space that is no longer necessary into"unrestricted' parking, and the installation of 35 feet of additional red curb"No Parking at the bus stop located on westbound East 8th Street at B Avenue; and City; and WHEREAS, MTS will be performing the work at no cost to the City of National WHEREAS, at ifs meeting on October 26, 2011, the Traffic Safety Committee approved staffs recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the conversion of one handicap parking space that is no longer necessary on westbound East 8th Street at B Avenue into"unrestricted' parking. BE IT FURTHER RESOLVED that the City Council authorizes the installation of 35 feet of additional red curb"No Parking' at the bus stop on westbound East 8th Street at B Avenue to enhance traffic safety and ADA access. All work will be performed by MTS at no cost to the City. PASSED and ADOPTED this 15th day of November, 2011. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 26, 2011 ITEM TITLE: REQUEST FOR INSTALLATION OF 30 FEET OF ADDITIONAL RED CURB "NO PARKING" AT THE BUS STOP LOCATED ON WESTBOUND E. 8TH STREET AT B AVENUE (BY: J. CODLING) PREPARED BY: Stephen Manganiello, Engineering Division DISCUSSION: Mr. Jeff Codling, Contract Services Administrator for the San Diego Metropolitao Transit System (MTS), has requested additional red curb for the bus stop located on westbound E. 8`h Street at B Avenue (nearside of intersection). This is a very busy stop and when vehicles are parked just upstream of the existing red curb zone buses cannot pull adjacent to the curb. This presents safety concerns as well as access issues for disabled persons. Currently there is 35 feet of red curb at the bus stop followed by 50 feet of unrestricted parking and one blue curb handicap parking space. The handicap space was for a dental practice, which has since gone out of business. Therefore, the handicap parking space is no longer warranted. Staff recommends converting the handicap parking space into an unrestricted parking space. Staff also recommends converting 35 feet of unrestricted parking into additional red curb for the bus stop to allow the bus to safely pull into the stop, flush with the curbline. These improvements would allow for two unrestricted parking spaces. STAFF RECOMMENDATION: To enhance safety and ADA access, staff recommends the following improvements to the bus stop located on westbound E. 8th Street at B Avenue: 1) Install 35 feet of additional red curb "No Parking"; 2) Remove handicap parking space to allow for additional "unrestricted" parking. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2011-23 1 Existing bus stop with 35' red curb N Location Map Remove existing blue curb handicap space to allow for 40 feet of "unrestricted" parking Bus Stop at 205 1 . 8th Street (looking northwest) Bus Stop at 205 E. 811' Street (looking west) 3 Bus Stop at 205 E. 8th Street (looking west) Bus Slop at 205 G. 8'h Street (looking west) 4 Stephen Manganiello From: Jeff Codling bjeff.codling©sdmts_com] Sent: Thursday, May 26, 2011 3:11 PM Stephen Manganiello Beverly Neff Unsafe bus stop - 8th & B - Westbound - Red Curb Request Mr. Manganiello, lease consider extending the red curb at 8rh & t3, westbound (see photo) 60' so the buses can access he bus stop in a more safe and accessible manner. The drivers are just barely getting the nose of the bus n there now, leaving the rest of the bus out in the lane. The drivers are also concerned about hitting the fight pole and fire hydrant, due to so little space (hanks for your help and consideration. :rom: Beverly Neff lent: Thursday, May 26, 2011 10:00 AM ro: Jeff Codling >ubject: RE: Unsafe bus stop. is the WB, NS stop. 0/25/201 1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15, 2011 AGENDA ITEM NO. 4 :M TITLE: Resolution of the City Council of the City of National City authorizing the removal and relocation of red curb "No Parking" to accommodate a bus stop relocation from westbound Plaza Boulevard at B Avenue to westbound Plaza Boulevard at National City Boulevard to improve service for National City residents and guests (TSC Item No. 2011-24) PREPARED BY: Stephen Manganiello, Traffic Engineer Al PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Developm.9p ervices / APPROVED BY: En_gi 1 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on October 26, 2011 the Traffic Safety Committee approved the staff recommendation to remove and relocate red curb "No Parking" to accommodate the bus stop relocation. ATTACHMENTS: xplanation L. resolution 3. Staff Report to the Traffic Safety Committee (October 26, 2011) Explanation Mr. Jeff Codling, Contract Services Administrator for the San Diego Metropolitan Transit System (MTS), desires to relocate an existing bus stop from westbound Plaza Boulevard at B Avenue (farside of intersection) to westbound Plaza Boulevard at National City Boulevard (nearside of intersection), which represents a more convenient location for passengers and a key transfer point for several bus routes. The existing bus stop is located in front of an apartment complex where parking is in high demand. With the relocation, approximately 45 feet of red curb "No Parking" could be removed to allow for "unrestricted" parking for residents. The new location on Plaza Boulevard at National City Boulevard will be much more accessible for passengers due to the signalized crossing and proximity to Downtown National City, including many local businesses and Southwestern College. Since the new location will be a key transfer point 100 feet of red curb is required to accommodate up to two buses. Currently 25 feet of red curb exists. Residential parking demand at the proposed bus stop is significantly lower than at the existing bus stop. In order to accommodate a bus stop relocation from westbound Plaza Boulevard at B Avenue (farside of intersection) to westbound Plaza Boulevard at National City Boulevard (nearside of intersection) to improve service to National City residents and guests, staff recommends the following: 1) Remove 45 feet of existing red curb "No Parking" on westbound Plaza Boulevard at B Avenue after bus stop relocation to allow for "unrestricted" parking; 2) Install 75 feet of additional red curb "No Parking" on westbound Plaza Boulevard at National City Boulevard as part of the bus stop relocation. At their meeting on October 26, 2011 the Traffic Safety Committee "unanimously' approved the staff recommendation. All work will be completed by MTS at no expense to the City. TSC 2011-24 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE RELOCATION OF A BUS STOP, AS REQUESTED BY METROPOLITAN TRANSIT SYSTEM, ON WESTBOUND PLAZA BOULEVARD AT B AVENUE TO WESTBOUND PLAZA BOULEVARD AT NATIONAL CITY BOULEVARD WITH 75 FEET OF ADDITIONAL RED CURB "NO PARKING" TO IMPROVE SERVICE TO RESIDENTS AND VISITORS, AND THE CONVERSION OF 45 FEET OF EXISTING RED CURB "NO PARKING" TO UNRESTRICTED" PARKING ON WESTBOUND PLAZA BOULEVARD AT B AVENUE AFTER THE BUS STOP RELOCATION, AT NO COST TO THE CITY WHEREAS, San Diego Metropolitan Transit System desires to relocate an existing bus stop from westbound Plaza Boulevard at B Avenue (far side of intersection), to westbound Plaza Boulevard at National City Boulevard (near side of intersection), which is a more convenient location for passengers and a key transfer point for several bus routes; and WHEREAS, the new bus stop location on westbound Plaza Boulevard at National City Boulevard will be much more accessible for passengers due to the signalized crossing and the proximity to downtown National City, including many local businesses and Southwestern College; and WHEREAS, the new bus stop location will be a key transfer point that will require a total of 100 feet of red curb "No Parking" to accommodate up to two buses at a time; and WHEREAS, the relocation of the bus stop will allow for the conversion of approximately 45 feet of red curb "No Parking" into "unrestricted" parking at the current bus stop on westbound Plaza Boulevard at B Avenue, which is in front of an apartment complex where parking is in high demand; and WHEREAS, to accommodate a bus stop relocation from westbound Plaza Boulevard at B Avenue (far side of intersection) to westbound Plaza Boulevard at National City Boulevard (near side of intersection), and to improve bus service to National City residents and visitors, staff recommends the following: 1. Install 75 feet of additional red curb "No Parking" on westbound Plaza Boulevard at National City Boulevard as part of the bus stop relocation. 2. Convert 45 feet of existing red curb "No Parking" on westbound Plaza Boulevard at B Avenue to "unrestricted" parking after the bus stop relocation. WHEREAS, MTS will be performing the work at no cost to the City of National City; and WHEREAS, at it's meeting on October 26, 2011, the Traffic Safety Committee approved staffs recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of 75 feet of additional red curb "No Parking" on westbound Plaza Boulevard at National City Boulevard as part of the bus stop relocation by MTS to improve service to residents and visitors. Resolution No. 2011 — November 15, 2011 Page Two BE IT FURTHER RESOLVED that the City Council authorizes the conversion of 45 feet of existing red curb "No Parking" to "unrestricted" parking on westbound Plaza Boulevard at B Avenue after the bus stop relocation. All work will be performed by MTS at no cost to the City. PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 26, 2011 ITEM TITLE: REQUEST TO REMOVE AND RELOCATE RED CURB "NO PARKING" TO ACCOMMODATE A BUS STOP RELOCATION FROM WESTBOUND PLAZA BOULEVARD AT B AVENUE TO WESTBOUND PLAZA BOULEVARD AT NATIONAL CITY BOULEVARD TO IMPROVE SERVICE FOR NATIONAL CITY RESIDENTS AND GUESTS (BY: J. CODLING) PREPARED BY: Stephen Manganiello, Engineering Division DISCUSSION: Mr. Jeff Codling, Contract Services Administrator for the San Diego Metropolitan Transit System (MTS), desires to relocate an existing bus stop from westbound Plaza Boulevard at B Avenue (farside of intersection) to westbound Plaza Boulevard at National City Boulevard (nearside of intersection), which represents a more convenient location for passengers and a key transfer point for several bus routes. The existing bus stop is located in front of an apartment complex where parking is in high demand. With the relocation, approximately 45 feet of red curb "No Parking" could be removed to allow for "unrestricted" parking for residents. The new location on Plaza Boulevard at National City Boulevard will be much more accessible for passengers due to the signalized crossing and proximity to Downtown National City, including many local businesses and Southwestern College_ Since the new location will be a key transfer point 100 feet of red curb is required to accommodate up to two buses. Currently 25 feet of red curb exists. Residential parking demand at the proposed bus stop is significantly lower than at the existing bus stop. All work will be perforrned by MTS. STAFF RECOMMENDATION: In order to accommodate a bus stop relocation from westbound Plaza Boulevard at B Avenue (farside of intersection) to westbound Plaza Boulevard at National City Boulevard (nearside of intersection) to improve service to National City residents and guests, staff recommends the following: 1) Remove 45 feet of existing red curb "No Parking" on westbound Plaza Boulevard at B Avenue after bus stop relocation to allow for "unrestricted" parking; 2) Install 75 feet of additional red curb "No Parking" on westbound Plaza Boulevard at National City Boulevard as part of the bus stop relocation. 1 EXHIBITS: 1. Location Map 2- Photos 2011-24 Location Map Remove existing bus stop with 45' red curb 25' existing red curb Install new bus stop with 75' additional red curb Existing Bus Stop on Plaza Blvd at B Ave (looking northwest) Proposed Bus Stop on Plaza Blvd at National City Blvd (looking, northwest) 4 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15, 2011 AGENDA ITEM NO. 5 =M TITLE: Resolution of the City Council of the City of National City authorizing the installation of 80 feet of red curb "No Parking" at the bus stop located on northbound D Avenue at E. 26th Street to enhance safety and ADA access (TSC Item No. 2011-25) PREPARED BY: Stephen Manganiello, Traffic Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: ,Engine FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on October 26, 2011 the Traffic Safety Committee approved the staff recommendation to install 80 feet of red curb "No Parking" at the bus stop. ATTACHMENTS: xplanation L. Resolution 3. Staff Report to the Traffic Safety Committee (October 26, 2011) Explanation Ms. Loretta Martinez, resident of 425 Orrell Drive, has requested installation of red curb "No Parking" for the bus stop located on northbound D Avenue at E. 26th Street (nearside of intersection). Ms. Martinez mentioned that it's difficult to board the bus when vehicles park adjacent to the curb. She believes red curb should be installed to remind drivers not to park at the bus stop. Staff visited the site and confirmed that currently there is no red curb provided at the bus stop. However, approximately 80 feet of red curb "No Parking" exists at the bus stop located across the street for southbound service. To enhance safety and ADA access at the bus stop located on northbound D Avenue at E. 26th Street, staff recommends the installation of 80 feet of red curb "No Parking". At their meeting on October 26, 2011 the Traffic Safety Committee "unanimously" approved the staff recommendation. All work will be completed by MTS at no expense to the City. TSC 2011-25 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 80 FEET OF RED CURB "NO PARKING" AT THE BUS STOP LOCATED ON NORTHBOUND D AVENUE, AT EAST 26TH STREET TO ENHANCE TRAFFIC SAFETY AND ADA ACCESS WHEREAS, a National City resident has requested red curb "No Parking" at the bus stop located on northbound D Avenue, at East 26th Street to prevent cars from parking adjacent to the bus stop and making it difficult to board the bus, especially for those who are handicapped; and WHEREAS, after inspecting the sight, staff recommends the installation of 80 feet of red curb "No Parking" at the bus stop located on northbound D Avenue, at East 26th Street; and WHEREAS, at it's meeting on October 26, 2011, the Traffic Safety Committee approved staffs recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of 80 feet of red curb "No Parking" at the bus stop located on northbound D Avenue, at East 26th Street to enhance traffic safety and ADA access. PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 26, 2011 isE14iTfiLE: 3 REQUEST FOR INSTALLATION OF 80 FEET OF RED CURB "NO PARKING" AT THE BUS STOP LOCATED ON NORTHBOUND D AVENUE AT E. 26TH STREET (BY: L. MARTINEZ) PREPARED BY: Stephen Manganiello, Engineering Division DISCUSSION: Ms. Loretta Martinez, resident of 425 Orrell Drive, has requested installation of red curb "No Parking" for the bus stop located on northbound D Avenue at E. 26th Street (nearside of intersection). Ms. Martinez mentioned that it's difficult to board the bus when vehicles park adjacent to the curb. She believes red curb should be installed to remind drivers not to park at the bus stop. Staff visited the site and confirmed that currently no red curb is provided at the bus stop. However, approximately 80 feet of red curb "No Parking" exists at the bus stop located across the street for southbound service. STAFF RECOMMENDATION: To enhance safety and ADA access at the bus stop located on northbound D Avenue at E. 26th Street, staff recommends the installation of 80 feet of red curb "No Parking". EXHIBITS: 1. Location Map 2. Photos 2011-25 1 Location Map Install 80' red curb at existing bus stop Existing bus stop with 80' red curb 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 26, 2011 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" WITH "NO STOPPING" SIGNS ON EUCLID AVENUE FROM SWEETWATER ROAD NORTH TO THE CITY / COUNTY JURISDICATIONAL BOUNDARY UNDER 1-805 TO IMPROVE SIGHT DISTANCE AND ALLEVIATE VEHICLE STORAGE ISSUES (BY: RESIDENTS OF NATIONAL CITY) PREPARED BY: Stephen Manganiello, Engineering Division DISCUSSION: Staff has received numerous requests from National City residents to prohibit commercial vehicles from parking on Euclid Avenue in proximity to the 1-805 underpass. According to residents and confirmed by staff, large commercial vehicles present visibility issues for drivers due to the horizontal curves and travel speeds on Euclid Avenue at the 1-805 underpass. In addition, people have been observed living in their vehicles parked at this location. STAFF RECOMMENDATION: To improve sight distance and alleviate vehicle storage issues staff recommends installing red curb "No Parking" with "No Stopping" signs on Euclid Avenue from Sweetwater Road north to the City /County jurisdictional boundary under 1-805. EXHIBITS: i . Correspondence 2. Location Map 3. Photos 2011-26 1 Location Map Install new red curb Existing red curb Existing red curb Existing red curb 4 "sgCt+i4'1'1@,t:ri SY' ,.,... ri3`"ati- t48Pf Install new red curb with "No Stopping" signs Approx. City County boundary Install new red curb witti "No Stopping" signs Euclid Ave under I-805 (looking north) Euclid Ave under 1-805 (looking north) 3 Euclid Ave under 1-805 (looking south) Euclid Ave under 1-805 (looking south) 4 Stephen Manganiello From: Armando Vergara Sent: Thursday, September 22, 2011 11:51 AM T Stephen Manganiello C Alfredo Cabal; Ronny Soriano; Karina Vazquez; Luz Hernandez; Vianey Rolon Swlect: Euclid Avenue & 1-805 Hello Steve, We continue to get increased calls for service and complaints for the Euclid Avenue area under the 1-805 overpass, I would like to make a request to the Traffic Safety Committee that this area be painted RED -CURB. 1 would request that the curbs on the WEST & EAST side of the street on Euclid Avenue from Sweetwater Road to our city limits be painted red to the county jurisdiction line. We have seen an increase in commercial vehicle storage and feel this could create a traffic safety issue with line of sight and the curvature of the road. We believe the red curbing would also create a better approach to both business driveways on both the west and east curb of Euclid Avenue. Thanks for you consideration. -Armando Armando Vergara Neighborhood Services Manager Community Services Division City of National Ctiy !G19) 336-4213 l 0/25/201 1 From: Manuel Rodriguez Sent: Wednesday, October 19, 2011 6:05 PM To: Adolfo Gonzales C 2osie Machado S ject: FW: Horneless Person & 3 Vehicles at Euclid Av & Sweetwater Rd - (RS #2011-034) Hi Chief, FYI, Manuel Rodriguez 619-336.4507 mrodriguez(c�nationalcityca.gov "7fyou Want to stand out, don't be different: be outstanding" From: Stella Ungab Sent: Wednesday, October 19, 2011 12:29 PM To: Alejandro Garcia Subject: Homeless Person & 3 Vehicles at Euclid Av & Sweetwater Rd - (RS #2011-034) Hi Officer Garcia, Below are the 4 complainants for this assigned action request, per your request. (#1, RP) : There is a consistent problem on Euclid and sweet water road. There are approximately 2-3 vehicles that are parked under the bridge on Euclid ave that are polled to the roof with trash a trash bags. The vehicle belongs to a homeless man that seems to be suffering from a sever 2ot being a hoarder. This is a major eye sore and needs to be addressed, he is parked in same location day in and out and no one seems to address the problem. Three older vehicles with the same trash and trash bags pulled so high that you can it's even see the seats in the cars. When you walk on the street it is extremely unsettling to walk near or pass this series if trash. Please take action on this problem and work to fix this major eye sore and danger zone. Contact Information: First Name: Gina Last [Jame: Starkey Phone: 4173310 E--.-fail address: Gina2gt-y@yahco.cc�n (#2, RP) the Chiefs Office received a call this morning from a National City resident Alma Osnaya 519.511.6832 who is complaining about a gentleman who lives under the Sweetwater/Euclid Bridge. She is stating that he has three vehicles parked there. Ms_ Osnaya has approached him but he gas been hostile with her and is concerned. She has spoken to a couple of departments (ie: Traffic, Neighborhood Services) and is now requesting to schedule a meeting with the Chief to See if something can be done. She has been told that the location where the gentleman is )artial County, but feels that cur City can handle. called Armando to obtain some background information reference this situation and he advised :hat a meeting had been held in the last couple of weeks due to complaints being received. He s aware of this gentleman and feels that he is 5150. AVA officers have been out there and ado hiirselt has spoken to him aswell. (13, RP) : 10/25/2011 6 Existing Bus Stop on I) Ave at E. 2611' St (looking southeast) Existing Bus Stop on D Ave at E. 2(» St (looking north) 3 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15, 2011 AGENDA ITEM NO. 6 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" with "No Stopping" signs on Euclid Avenue from Sweetwater Road north to the City /County jurisdictional boundary under 1-805 to improve sight distance and alleviate vehicle storage issues (TSC Item No. 2011-26) PREPARED BY: Stephen Manganiello, Traffic Engineer/1/' PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: APPROVED BY: Development Services / En FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on October 26, 2011 the Traffic Safety Committee approved the staff recommendation to install red curb "No Parking" with "No Stopping" signs. ATTACHMENTS: Explanation z. Resolution 3. Staff Report to the Traffic Safety Committee (October 26, 2011) Explanation Staff has received numerous requests from both National City and Lincoln Acres residents to prohibit commercial vehicles from parking on Euclid Avenue under the 1-805 overpass. According to residents and confirmed by staff, large commercial vehicles present visibility issues for drivers due to the horizontal curves and travel speeds on Euclid Avenue approaching the 1-805 overpass. In addition, people have been observed living in their vehicles parked at this location. To improve sight distance and alleviate vehicle storage issues staff recommends installing red curb "No Parking" with "No Stopping" signs on Euclid Avenue from Sweetwater Road north to the City / County jurisdictional boundary under 1-805. At their meeting on October 26, 2011 the Traffic Safety Committee "unanimously" approved the staff recommendation. All work will be completed by City Public Works. TSC 2011-26 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED CURB "NO PARKING" WITH "NO STOPPING" SIGNS ON EUCLID AVENUE FROM SWEETWATER ROAD NORTH TO THE CITY/COUNTY JURISDICTIONAL BOUNDARY UNDER INTERSTATE 805 TO IMPROVE SIGHT DISTANCE AND ALLEVIATE VEHICLE STORAGE ISSUES WHEREAS, staff has received numerous requests from both National City and Lincoln Acres residents to prohibit commercial vehicles from parking on Euclid Avenue under the 1-805 overpass; and WHEREAS, according to residents, and confirmed by staff, large commercial vehicles present visibility issues for drivers due to the horizontal curves and travel speeds on Euclid Avenue approaching the 1-805 overpass; and WHEREAS, to improve sight distance and alleviate vehicle storage issues, staff recommends installing red curb "No Parking" with "No Stopping" signs on Euclid Avenue from Sweetwater Road north to the City/County jurisdictional boundary under 1-805; and WHEREAS, at it's meeting on October 26, 2011, the Traffic Safety Committee approved staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of red curb "No Parking" with "No Stopping" signs on Euclid Avenue from Sweetwater Road north to the City/County jurisdictional boundary under 1-805 to improve sight distance and alleviate vehicle storage issues. PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: Michael R. DaIla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 'Inc'area between Ridgeway Drive and Sweetwater on Euclid is a problem in our neighborhood. There is a homeless gentleman that has several cars parked on the street and hoards a great amount of junk_ I see policemen citing him but he is still there with all his trash and is doing 'nothing to contribute to our communil_y. The semi trailers parked along the street are creating potholes and are the cause of much of the littering. We propose that area be designated a no - pa --king zone to abate the problem. That is the only way those problems can be effectively e .inated and the children walking home from school can feel safer and the area be cleaner. 1 )na1 City is getting better everyday! Thank you. Contact Information: First Name: Edna Last Name: labagat Phone: 619-929-1923 E-Mail Address: betterburial@gmail.com (#4, RP): I have 2 separate issues with r-he African male that parks his 3 cars on the corner, the first issue is I used to jog that trail but he would constantly try to talk to me, I was in fear he would grab me and harm me therefore T no longer walk that path. The second issue is he now washes his clothes and hang dries them all along sweet water road, which is a eye sore. I have lived in National City for over 30 years and I feel something should be done Please get back to me aL your soonest convenience. Contact Information: First Name: Delia Marie Last Name: Marquez Your Street: 2915 e. 20th street City: National City Phone: 619-990-1303 E-Mail Address: oneldeedee@yahoo.com S gingat Seitian Office c6oi,hurt .Natioitai City, J etice `/Jepaxtnaent (619) 336-4515 7 urugafi(iPiurtianaP,citJ ca. y.ou. 'Note' The City has implemented a 4/10 work schedule. City offices will be closed every Friday- Be Green. Please don't print this e-mail unless you really need to. 10/25/201 1 7 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15, 2011 AGENDA ITEM NO.7 fEM TITLE: The Resolution of the City Council of the City of National City approving an amendment to the City of National City salary schedule to include a newly created MEA represented classification of Police Investigator (Non - Sworn) at $4,106.35 to $4,991.31 per month (range 123); and a newly created Management group classification of Project Officer at $4,060 to $7,353 per month. PREPARED BY: Stacey Stevenson DEPARTMENT: H PHONE: 336-4308 APPROVED B EXPLANATION: rces With the unanimous approval of the Civil Service Commission, the Human Resources Department created two new classifications: Police Investigator (Non -Sworn) and Project Officer. Both the MEA represented Police Investigator (Non -Sworn) and the Management level Project Officer classifications were created to assist City departments in increasing efficiency and effectiveness while controlling personnel expenses. Prior to any potential future use of the classifications a salary band must be approved by the City Council. Based on internal and external compensation data, staff recommends that the salary bands be establish as follows: Police Investigator (Non -Sworn) - $4.106.35 to $4,991.31 per month (range 123) Project Officer - $4.060 to $7,353 per month. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: port to Civil Service Commission: Request to Create New Classifications rolice Investigator (Non -Sworn) class specification Project Officer class specification Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE CITY OF NATIONAL CITY SALARY SCHEDULE TO INCLUDE A NEWLY CREATED MEA REPRESENTED CLASSIFICATION OF POLICE INVESTIGATOR (NON -SWORN) AT $4,991.31 PER MONTH (RANGE 123), AND A NEWLY CREATED MANAGEMENT GROUP CLASSIFICATION OF PROJECT OFFICER AT $4,060 TO $7,353 PER MONTH WHEREAS, based on staff's recommendation, on October 24, 2011, the Civil Service Commission approved the creation of two new classifications: Police Investigator (non - sworn) and Project Officer; and WHEREAS, both the MEA represented Police Investigator (non -sworn) and the Management level Project Officer classifications were created to assist City departments in increasing efficiency and effectiveness while controlling personnel expenses; and WHEREAS, based upon the foregoing, City staff has recommended that the City Council approve the salary range for the classification of Police Investigator (non -sworn) at $4,991.31 per month (Range 123), and the salary range for the classification of Project Officer at $4,060 TO $7,353 per month. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an amendment to the National City Salary Schedule to include the following salary ranges: POSITION CLASSIFICATION SALARY RANGE MONTHLY COMPENSATION Police Investigator (non -sworn) MEA 123 $4,991.31 Project Officer Management Group $4,060 TO $7,359 PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY MEMORANDUM DATE: October 17, 2011 TO: Civil Service Co 7ission FROM: Stacey Steven , uman Resources Director SUBJECT: Request to Crate-Alew Classifications: Project Officer and Police Investigator (Non -Sworn) In an on -going effort to increase efficiencies and effectiveness, and in response to the current economic conditions, the City of National City has been engaged in a significant restructuring effort. Departments have been consolidated, redundant positions have been eliminated and work flow improvements have been initiated. As the restructuring has taken shape, it has been necessary to evaluate both duties that are currently being performed by employees to determine if the position is still properly classified; and to evaluate proposed duties to determine if there is an appropriate job classification to perform them. A. Police Investigator (Non -Sworn) In addition to its sworn police safety personnel, the Police Department currently utilizes a non - sworn Police Investigative Aide position in the Investigations Unit. The position, when it was created, was intended to assist sworn personnel in managing their caseloads, enhancing their cases and preparing them for submission to the District Attorney for prosecution (class specification attached). At the request of the Police Department, the position was recently studied to determine if the duties currently being performed by the incumbent remain consistent with the intent of the classification. In doing so, it was determined that the position has grown beyond the intent of the Police Investigative Aide position. The position now carries an independent caseload, managing complex cases involving fraud, embezzlement, theft of proprietary information, unlawful access or tampering with computer systems, financial elder abuse, credit cards, non -sufficient funds and account closed checks, forgery, sex crimes, and juvenile related crimes. In reviewing the current duties, it was determined that there is no civilian classification within the City's classification system that encompasses the duties. Therefore, staff hereby requests the creation of a new classification of Police Investigator (Non -Sworn). The duties outlined for the Page 2 Request to Create New Classifications: Project Officer and Poli October 17, 2011 Investigator (Non -Sworn) position, as contained in the attached draft class specification have been written in a manner that allows the department maximum flexibility in using the position in investigations and other arms such as background investigations. The position and the performance of the duties are essential to the Police Department. In utilizing non -sworn personnel to perform these duties sworn police personnel are freed up to investigate violent crimes. B. Project Officer At the request of the Development Services Department, a study was initiated into proposed duties to be performed within the Engineering Division of the department. The duties as described involve providing project administration services in support of in-house and contracted professional engineering staff and external developers. The position is essential in ensuring that: contracts for construction services are issued in a manner consistent with the Public Contract Code as well as any conditions imposed by the issuing funding source; project funds are properly accounted for; and that projects are properly coordinated between the department, the City Council, the contractors and developers, other agencies, and members of the public (draft class specification attached) The duties as envisioned for this position are not consistent with any current classification. As such, staff hereby requests the creation of a new classification of Project Officer. POLICE INVESTIGATOR (NON -SWORN) CLASS SPECIFICATION CITY OF NATIONAL CITY Approved: October 24, 2011 DEFINITION Under direction, to manage cases involving fraud, embezzlement, theft of proprietary information, unlawful access or tampering with computer systems, financial elder abuse, credit cards, non -sufficient funds and account closed checks, forgery, sex crimes, juvenile related crimes and other crimes; to serve as a civilian investigator on assigned cases including performing background investigations on police personnel; and perform related work. DISTINGUISHING CIIARACTERISTICS This is a civilian, non -sworn classification, reporting to a Police Sergeant or Police Lieutenant. Technical or functional supervision may be provided by other sworn police personnel. This classification is distinguished from the Police Investigative Aide by its responsibility for independent management of caseloads. Incumbents of the Police Investigative Aide classification assist sworn personnel in enhancing their cases prior to submittal to the District Attorney or City Attorney. EXAMPLES OF TYPICAL DUTIES The following duties and responsibilities are representative of those typically performed by positions assigned to this classification. Any single position may not perform all of these duties and/or may perform similar related tasks not listed here. Identify, locate and conduct interviews and interrogations of suspects, victims, witnesses, applicants, neighbors, employers, co-workers during investigations to obtain details, information, admissions, and additional leads; obtain necessary documentation from law enforcement agencies and other facts pertaining to investigations; collect and verify information by letter, telephone or personal contact; perform crime scene investigations, including identifying, collecting, preserving and processing physical evidence; evaluate allegations and determine if a criminal investigation is warranted, open investigation or refer complainant to appropriate agency; conduct surveillance and gather intelligence information; utilize computer systems to access and retrieve information from local, State, and Federal computer databases; prepare and serve search warrants; seize and book evidence into property; prepare and file search warrant returns; initiate the arrest of suspects when probable cause is present, sign criminal complaints and sworn declarations necessary for the issuance of arrest warrants or to support an arrest made pursuant to probable cause; evaluate information retrieved and take appropriate action, assemble printouts into case file for future reference; analyze documents and related records; prepare charts, diagrams, and other visual aids to demonstrate method of operation and linkages; prepare reports, complaints and other necessary documents relating to assigned investigations; testify in court; stay abreast of current case law and new investigation and prosecution techniques; assist other investigators and detectives and outside agencies as needed. MINIMUM QUALIFICATIONS Education 1. Successful completion of a POST -certified Basic Course for Peace Officers or a POST -certified Reserve Peace Officer Level I training course; and an Associate's degree in criminal justice or administration of justice or 60 units of criminal justice course work to include California Criminal Law, Evidence, and Criminal Procedures (which must include Search and Seizure); OR 2. A Bachelor's degree in criminal justice or administration of justice, which must include California Criminal Law, Evidence, and Criminal Procedures (which must include Search and Seizure) from an accredited University or College. Experience Two (2) years of experience performing criminal investigative duties in a private investigative, law enforcement, public defender or other investigative agency. Experience as a sworn .police officer may be substituted for the educational requirements on a year for year basis. Knowledge and Skills in: California rules of evidence; California Penal Code; search and seizure laws; basic statistics; law enforcement information systems; personal computer functions; investigative techniques and procedures; investigative confidentiality requirements. Ability to: Communicate effectively, both orally and in writing; effectively interview individuals to obtain necessary information; collect and verify information by letter, telephone, and/or computer records; maintain logs, records, and files; identify problems and detect missing information, discrepancies, and errors; utilize and operate office and computer equipment necessary to perform work; establish effective working relations with all levels of staff and the public; treat City employees, representatives from outside agencies, and members of the public with courtesy and respect; work under minimal supervision. LICENSES, CERTIFICATIONS, OR SPECIAL REQUIREMENTS Possession of a valid California Class C driver's license is required at the time of appointment. Proof of completion of: (1) POST Basic Course for Peace Officers; or (2) POST Reserve Peace Officer Level I training; or (3) the educational requirement listed on the minimum qualifications must be presented at time of application. Prior to appointment, candidates will be subject to a thorough background investigation which may include a polygraph or other examination or test. PROJECT OFFICER CITY OF NATIONAL CITY CLASS SPECIFICATION Approved: October 24, 2011 DEFINITION Under direction, to coordinate, manage and monitor capital projects for progress and contract compliance; to coordinate and monitor project funding and expenditures; to act as a liaison to various groups, departments, and agencies concerned with projects; and to perform related work. DISTINGUISHING CHARACTERISTICS The Project Officer is distinguished from the Civil Engineering series in that classifications within the Civil Engineering are responsible for applying technical engineering principals in architectural design and construction management. Project Officers are responsible for contract administration including the coordination of internal and external contract and construction management functions. EXAMPLES OF TYPICAL DUTIES The following duties and responsibilities are representative of those typically performed by positions assigned to this classification. Any single position may not perform all of these duties and/or may perform similar related tasks not listed here. Develops and monitors the City's five-year Capital Improvement Program; provides project coordination efforts for capital and redevelopment projects through coordination with professional engineering teams and other technical experts; ensures project expenditures and administration complies with contract and funding source provisions, including provisions of local, state, and federal contracting codes; prepares reports and data analysis related to the capital program; conducts research of project agreement, Council resolutions and other relevant project documents; prepares and tracks project budgets; serves as a project point of contact to other City departments, agencies and external groups; serves as a liaison to developers engaged in private land development projects; participates in the administration of project change orders; performs supervisory duties including providing direction, conducting performance evaluations and issuing rewards and discipline; may provide project specific direction to other administrative and technical staff; administers the department's permit tracking software; performs other duties as assigned. MINIMUM QUALIFICATIONS Please note: the minimum qualifications stated below are a guide for determining the education, training, experience, special skills, and/or license which may be required for employment in this class. These are re-evaluated each time the position is opened for recruitment. Please refer to the most recent job announcement for updated minimum qualifications. Training and Experience: A bachelor's degree or equivalent education (i.e. minimum of 120 completed semester units or 180 completed quarter units); and four (4) years of commercial, industrial, governmental, or large scale construction project management experience which must include preparing and reviewing contract documents; and responsibility for preparing and monitoring capital program or large project budgets. Additional experience may substitute for education on a year -for -year basis. Knowledge and Skills in: Project management principles, techniques and tools; budget and revenue management; public administration and management principles; contract monitoring and compliance with federal, state and local regulations; statistical and analytical research and reporting; computer equipment and software related to assignment. Ability to: Coordinate, manage and track multiple project activities on multiple projects simultaneously; prepare and achieve project budgets and timelines; prepare and administer contracts and agreements; establish and maintain effective working relations with those contacted in the course of work; work with various cultural and ethnic groups in a tactful and effective manner; communicate effectively both orally and in writing; utilize industry standard computer systems and software; prepare reports including charts and graphs; make presentations to small groups; exercise appropriate judgment and decision making. LICENSES, CERTIFICATIONS, OR SPECIAL REQUIREMENTS Possession of a valid California Class C driver's license or other means that would allow for the ability to commute to meetings, conduct site visits, and attend other special events throughout the county. ESSENTIAL PHYSICAL CHARACTERISTICS Frequent walking over uneven terrain, standing, sitting, bending, stooping, twisting of waist, side to side turning of neck; fine finger dexterity to operate keyboards and writing materials; and continuous upward and downward movement of neck. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15, 2011 AGENDA ITEM NO. P EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign a County of San Diego Operational Area Public Works Mutual Aid Agreement. (Fire)' PREPARED BY: 'Walter Amedee DEPARTMENT: Fire PHONE: 1619-336-45560 APPROVED BY: EXPLANATION: The County of San Diego Office of Emergency Services, County of San Diego Department of Planning and Land Use, and all eighteen (18) cities within the County have expressed an interest in establishing a mutual aid agreement among all agencies. The Agreement provides procedures and the responsibilities whenever emergency personnel, equipment, and facility assistance is provided from another party's public workers to the other. The Agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Article 14 (Section 8630 et seq.) of the Act. Staff recommends authorizing the Mayor to sign the mutual aid agreement. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: MIS APPROVED: fK� Finance The requesting party agrees to pay all direct, indirect, administrative and contracted costs of the assisting party incurred as a result of providing assistance, based upon standard rates applicable to assisting party's internal operations. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends authorizing the Mayor to sign the County of San Diego Operational Area Public Works Mutual Aid Agreement. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: :ounty of San Diego Operational Area Public Works ttachment A — San Diego County Operational Area 3. Attachment B — San Diego County Operational Area 4. Attachment C — San Diego County Operational Area 5. Attachment D — E-mail from Deputy County Counsel 6. Resolution Mutual Aid Agreement Public Works Check List for Mutual Aid Assistance Public Works Mutual Aid Agreement Procedures Guide Public Works Mutual Aid Resource Request Form defining "Public Workers" RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A COUNTY OF SAN DIEGO OPERATIONAL AREA PUBLIC WORKS MUTUAL AID AGREEMENT WHEREAS, County of San Diego Office of Emergency Services, County of San Diego Department of Planning and Land Use, and all eighteen (18) cities within the County have expressed a mutual aid interest in the establishment of a plan to facilitate and encourage Public Works Mutual Aid Agreements throughout the County of San Diego; and WHEREAS, the parties hereto have determined that it would be in their best interests to enter into an agreement that implements that plan, and sets forth procedures and the responsibilities of the parties whenever emergency personnel, equipment, and facility assistance is provided from another party's public workers to the other; and WHEREAS, the Agreement provides that the agency requesting aid agrees to pay all direct, indirect, administrative, and contracted costs of the assisting party incurred as a result of providing assistance, based upon standard rates applicable to assisting party's internal operations; and WHEREAS, the Agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Article 14 (Section 8630 et seq.) of the Act. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a County of San Diego Operational Area Public Works Mutual Aid Agreement. Copy of said Mutual Aid Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney County of San Diego Operational Area Public Works Mutual Aid Agreement This Mutual Aid Agreement is made and entered into by those parties who have adopted and signed this agreement. WHEREAS, County of San Diego Office of Emergency Services, County of San Diego Department of Planning and Land Use, and all eighteen (18) cities within the County have expressed a mutual aid interest in the establishment of a plan to facilitate and encourage Public Works Mutual Aid Agreements throughout the County of San Diego; and WHEREAS, the parties hereto have determined that it would be in their best interests to enter into an agreement that implements that plan and sets forth procedures and the responsibilities of the parties whenever emergency personnel, equipment, and facility assistance is provided from another party's public workers to the other; and WHEREAS, no party should be in a position of depleting unreasonably its own resources, facilities, or services providing such mutual aid; and WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Article 14 (Section 8630 et seq.) of the Act; and WHEREAS, all parties must use the Standardized Emergency Management System (SEMS) in order to be eligible for possible state funding of response -related personnel costs pursuant to activities identified in the California Code of regulation; In consideration of the conditions and covenants contained herein, the parties agree as follows: 1. For this Agreement, the following terms shall be ascribed the following meanings: a. "Coordinator" shall mean the person designated by each party to act on behalf of that party on all matters relative to mutual aid, to include but not be limited to requests, responses, and reimbursement. b. "Local Emergency" shall mean the actual or threatened existence of conditions of disaster or extreme peril to the safety of persons or property within the territorial limits of one of the parties caused by human or natural conditions such as air pollution, fire, flood, storm, wind, earthquake, explosion, County of San Diego Operational Area ' Public Works Mutual Aid Agreement 1 transportation accident, hazardous material problem, tsunami, sudden or severe energy shortage, epidemic, riot or other occurrences, other than conditions resulting from a labor controversy, which occurrences, or the immediate threat thereof, are likely to be beyond the control of the personnel, equipment, or facilities of that party to this Agreement and which personnel, equipment or facilities of the other party are therefore desired to combat. c. An "Operational Area" for the coordination of Public Works Mutual Aid shall normally be a County and all the jurisdictions within the County that are parties to this Agreement. A different public works operational area may be established by the parties in some unique cases. 2. Coordinators designated by each party shall be designated by Title, Name, Address and Phone Number, and if said Coordinator changes, the other parties of the Agreement shall be notified in writing as soon as practical after the appointment has been made through the Agreement Coordinator designated in Paragraph 17 hereinafter. 3. When a local emergency has been proclaimed by a party's governing body or authorized official, the Coordinator may request assistance. 4. When request for assistance is received, the assisting Coordinator shall promptly advise of the extent of response, provide whatever personnel, equipment, and/or facilities are available without jeopardizing the safety of persons or property within their jurisdiction. No party receiving a request for assistance shall be under any obligation to provide assistance or incur any liability for not complying with the request. 5. When the assisting Coordinator's personnel, equipment, and/or facilities are no longer required or when the assisting Coordinator advises that the resources are required within their own jurisdiction, the requesting Coordinator shall immediately arrange for the return of those resources. 6. The Requesting party shall be responsible for the safekeeping of the resources provided by the assisting party. The Requesting Coordinator shall remain in charge of the incident or occurrence and shall maintain control and direction of the resources provided by the assisting party. The request may include providing supervisory personnel to take direct charge of the resources under the general direction of the requesting Coordinator. Requesting Coordinator shall make arrangements for feeding, assisting personnel, fueling, servicing, and repair of equipment if such support is requested by the assisting Coordinator. The assisting party's personnel shall not be deemed employees of requesting party and vice versa. County of San Diego Operational Area Public Works Mutual Aid Agreement 2 7 The requesting party agrees to pay all direct, indirect, administrative and contracted costs of the assisting party incurred as a result of providing assistance pursuant to this Agreement, based upon standard rates applicable to assisting party's internal operations. Payment shall be made within sixty (60) days after receipt of a detailed invoice. Payment may be delayed if agreed upon by both parties. Requesting party shall not assume any liability for the direct payment of any salary or wages to any officer or employee of the assisting party. 8. DEFENSE AND INDEMNIFICATION 8.1 Claims Arising from Sole Acts or Omissions of a Party Each Party to this MOU hereby agrees to defend and indemnify the other Parties to this MOU, their agents, officers and employees, from any claim, action or proceeding against another Party, arising solely out of its own acts or omissions in the performance of this MOU. At each Party's sole discretion, each Party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any Party of any obligation imposed by this MOU. Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. 8.2 Claims Arising from Concurrent Acts or Omissions The Parties hereby agree to defend themselves from any claim, action, or proceeding arising out of the concurrent acts or omissions of the Parties. In such cases, Parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 8.4 below. 8.3 Joint Defense Notwithstanding paragraph 8.2 above, in cases where Parties agree in writing to a joint defense, Parties may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of Parties. Joint defense counsel shall be selected by mutual agreement of said Parties. Parties agree. to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 8.4 below. Parties further agree that no Party may bind the others to a settlement agreement without the written consent of the others. B.4 Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the Parties, those Parties may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. County of San Diego Operational Area Public Works Mutual Aid Agreement 3 9. This agreement shall in no way abrogate or waive any of the immunities available under Federal, State, and local law and regulations, including but not limited to the California Emergency Services Act, Government Code sections, et, seq. 10. When mutual aid is provided, the requesting and assisting agencies, will keep account records of the personnel, equipment, mileage, and materials provided as required by Federal and State law, the California Disaster Assistance Act, and FEMA guidelines to maximize the possibility of Federal and State disaster reimbursement. Each Party shall have access to another Party's records for this purpose. 11.This agreement shall take effect immediately upon its execution and shall remain in effect until terminated. 12. Any party may withdraw from this agreement without cause upon delivery of ninety (90) days prior written notice to the Agreement Coordinator designated in Paragraph 17 below. 13.To the extent that they are inconsistent with this agreement, all prior agreements for Public Works Mutual Aid between the parties are hereby null and void. 14.Requests for mutual aid assistance under this agreement when more than one city is impacted by a disaster will be channeled through the County of San Diego Office of Emergency Services to ensure maximum effectiveness in allocating resources to the highest priority needs. 15. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 16. This agreement in no way acts to abrogate or waive any immunity available under the Tort Claims Act. 17. The County of San Diego Department of Public Works shall act as the initial Agreement Coordinator of this program for the purpose of: a. Receipt of new members to the agreement. b. Maintaining a current list of signatory parties and representatives. c. Circulating annually a list of all parties and representatives to all signatory parties. d. Arranging for amendments to agreement as may be necessary. County of San Diego Operational Area Public Works Mutual Aid Agreement 4 The party acting as Agreement Coordinator may transfer these responsibilities to another party with the consent of that party and upon notification of the other parties to the agreement. 18.All signatory parties agree that any other qualified public agency or quasi public agency may become a party to this agreement by executing a duplicate copy of this agreement and sending same to the Agreement Coordinator, initially the County of San Diego Department of Public Works, addressed as follows: The San Diego County Department of Public Works County Operations Center 5500 Overland Avenue, Suite 310 San Diego, rn, County of San Diego Operational Area Public Works Mutual Aid Agreement 5 IN WITNESS THEREOF, the parties hereto have executed this agreement by their duly authorized officers on the dates hereinafter indicated. This Mutual Aid Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Attest Ronald Lane Director, Office of Emergency Services County of San Diego By: Date: Richard E. Crompton Director, Department of Public Works County of San Diego By: Date: Ron Lane Mayor City of National City By: Date: Approved as to form: Dana L. Begley Office of County Counsel County of San Diego By: Date: County of San Diego Operational Area Public Works Mutual Aid Agreement 6 Attachment A San Diego County Operational Area Public Works Check List for Mutual Aid Assistance I. Pre -Event Develop procedures at the local operational area to carry out mutual aid including checklists of actions, resource lists, etc. II. Post Event 1. Local Agency quickly assesses estimated extent of damage and availability of local resources to respond. 2. If it is apparent that outside resources will be needed to effectively deal with the emergency, promptly authorize local official to request Proclamation of Local Emergency and, if warranted, request State of Emergency Proclamation through the Operational Area Emergency Operation Center. 3. Upon proclamation of local emergency, request mutual aid assistance from Operational Area Public Works Mutual Aid Coordinator according to pre -established procedures in WebEOC. 4. Ensure request is specific as to type and quantity of resources needed, when to report, who to report to, how long needed, type of work to be performed. Once a providing party can be located to satisfy the resource request, the coordinator will determine how quickly these resources can be made available and notify the requesting party of that fact. 5. The requesting party will make all necessary arrangements to care for the assisting party's personnel and equipment if needed. 6. The requesting party will carefully document all costs by specific damage site according to State and Federal procedures to maximize reimbursement for costs. Carefully record the names of assisting personnel and equipment at each site, hours worked, and mileage. 7. The requesting party should return the assisting party's resources as soon as possible. County of San Diego Operational Area Public Works Mutual Aid Agreement Checklist Attachment B San Diego County Operational Area Public Works Mutual Aid Agreement Procedures Guide I. PURPOSE The purpose of this Procedures Guide is to provide parties to the Public Works Agreement with a practical set of guidelines on how to effectively provide and receive public works assistance. The terms of the agreement shall govern in the event there is any actual or apparent conflict between this procedure guide and the agreement. The following provisions are suggested guidelines only and not binding on any agency. These provisions should be modified and expanded as necessary to meet the unique needs, emergency organizational structure, and working relationships of each operational and regional area. II. TENETS OF OPERATIONAL AREA PUBLIC WORKS MUTUAL AID 1. The most effective means of providing timely assistance to a jurisdiction impacted by a disaster is to have agreements in place in advance of the disaster. 2. Assistance is voluntary. 3. Assistance provided shall be reimbursed by the requesting jurisdiction. 4. Jurisdictions should reasonably commit their own resources before requesting mutual aid. 5. A Proclamation of a Local Emergency is necessary to activate the agreement. 6. Cooperative planning and training are desirable to enhance the effectiveness of providing mutual aid when needed. III. PROCEDURES FOR PUBLIC WORKS MUTUAL AID 1. Designated Public Works Coordinator Paragraph 1 (a) of the Agreement specifies that the "Coordinator" shall mean the person designated by each party to act on behalf of that party on all matters relative to mutual aid, including but not be limited to requests, responses and reimbursement. It is suggested that the Coordinator be a person who during a disaster would be authorized to request public works resources and bind their agency for the cost of these County of San Diego Operational Area Public Works Mutual Aid Agreement Procedure Guide 1 Attachment B resources. The Coordinator should also be in a position to authorize the providing agency to release personnel and equipment to the agency impacted by the disaster. It is suggested that alternate coordinators be designated in case the primary coordinator is unavailable during the disaster. 2. WehEOC Communication To obtain Public Works assistance, a planned method of communicating requests is essential. This includes using WebEOC to process the request and maintain lines of communication. Telephones should not be relied upon as the primary means of communication within the impacted area of a major disaster, and common public works radio frequencies may not exist in the area. It is recommended that WebEOC be used to request assistance using the Public Works Request Form. 3. Operational Area Concept The Agreement specifies that an Operational Area, normally a County and all the jurisdictions within the County, shall be the basic unit for coordinating public works mutual aid. Because of their knowledge of public works terminology and procedures, it is suggested that a public works agency representative perform the role of public works coordinator in the operational area. This will be the San Diego County Department of Public Works for the operational area, although a different arrangement could be established if desired by the involved agencies. 4. California Emergency Management Agency (Cal EMA) Role Cal EMA would act to support public works mutual aid assistance under the agreement by offering assistance to the Regional and Operational Public Works Coordinator, and act as Statewide Coordinator for seeking mutual aid resources if required from beyond the impacted region. 5. Resource Lists and Contacts It is strongly recommended that lists of public works resources be developed for each participating agency in the Operational Area. Such lists are essential for the Operational Area Coordinator to quickly identify which agencies have the particular types of resources needed by the requesting impacted agency. The designated public works coordinator for each jurisdiction should develop a detailed list of resources for their agency by quantity, type of personnel equipment, materials, and a contact number to check on its availability when needed. It is suggested that the coordinator then provide a brief summary of that information to the operational area coordinator for compiling an Operational Area resource directory. County of San Diego Operational Area Public Works Mutual Aid Agreement Procedure Guide 2 Attachment B It is suggested that each party develops common standardized terminologies for resources to facilitate categorizing and compiling these inventory lists. However, the development of the standardized terminology should not impede the development of these resource lists. 6. Arrange Care for Assisting Forces The Agreement requires that the requesting party be responsible for the safekeeping of the resources provided by the assisting party. 7. Documentation for Reimbursement In accordance with the Agreement, each requesting and assisting party is required to keep accounting records of the personnel, equipment, and materials provided under the Mutual Aid Agreement as required by the Federal Stafford Act administered by the Federal Emergency Management Administration (FEMA) and State guidelines. This requirement is to maximize the requesting agencies reimbursement of costs expended to receive mutual aid. Each party to the Agreement should become thoroughly familiar with those federal and state accounting requirements and pre -establish emergency management procedures and training of their personnel to carefully document all costs of labor, equipment and personnel, including administrative costs, accounted by specific damage location. These practices are not only for mutual aid reimbursement but for reimbursement of all agency costs associated with the disaster. 8. Proclamation of Emergency The Agreement requires that a Proclamation of Local Emergency must be approved by an authorized official of the impacted jurisdiction. A State of Emergency should be also requested through the Operational Area for approval by the Governor to authorize State reimbursement and, if warranted, a request for a Presidential Proclamation of Emergency to authorize federal reimbursement. Each Agency should include in their emergency plan a provision to seek such a proclamation from the authorized official in their jurisdiction as soon as they can reasonably determine that the disaster will be beyond the scope of mutual aid assistance. 9. Agency in Charge The Agreement provides that the requesting coordinator shall remain in charge of the incident and provide direction and control to the resources provided by the assisting party. The request may also include having the assisting party providing supervisory personnel to take direct charge of their forces under the overall direction of the requesting coordinator. The intent is that the assisting party will comply with all reasonable directions from the requesting coordinator. However, the assisting party should not be County of. San Diego Operational Area Public Works Mutual Aid Agreement Procedure Guide 3 Attachment B ',l:g ited to perform any work that it reasonably believes would unduly jeopardize the safety of its employees. 10. Checklists for Requesting Mutual Aid Each party to the Agreement is encouraged to develop checklists for their coordinator to use in assuring that all required steps are followed to properly and effectively seek and provide Public Works Mutual Aid for the benefit of the impacted area and protection of the assisting party. These checklists should establish who is to carry out each essential function both internally to the agency and externally and contact numbers and means for reaching them. Attachment A (San Diego County Operational Area Public Works Checklist for mutual aid assistance) is a sample checklist. County of San Diego Operational Area Public Works Mutual Aid Agreement Procedure Guide 4 Attachment C San Diego County Operational Area Public Works Mutual Aid Resource Request Incident: Click here to enter text. Date of Request: Click here to enter text. Time of Request: Click here to enter text. Jurisdiction: Click here to enter text. Contact Name: Click here to enter text. Phone Number: Click here to enter text. Cell Phone Number: Click here to enter text. Resource(s) & Quantity: Resource Needed: r Now r 1-2 Hours r. 3-6 Hours r6-12 hours r 24 Hours Location resource(s) to be delivered to: Purpose/Problem/Comment: Name of Person Accepting Delivery: Chck here to enter text. Ce11 Phone Number: Click here to enter text. Duration of Use (Estimated): Click here to enter text. County of San Diego Operational Area Public Works Mutual Aid Agreement Resource Request 1 Attachment C EOC USE ONLY Date Request Received: Time Request Received: Operational Area Entered into Web EOC by: Request entered into system Time: Date: Request Fulfilled By: Jurisdiction: Contact Person: Contact Phone: Ce11 Phone: Repeat for multiple Jurisdictions Requester Notified Time: Click here to enter text. Requester Notification Date: Click here to enter text. Requester Notified by Whom: Click here to enter text. Resource(s) Deployed Date: Click here to enter text. Time: Click here to enter text. Providing Jurisdiction Jurisdiction: Click here to enter text. Jurisdiction Contact: Click here to enter text. County of San Diego Operational Area Public Works Mutual Aid Agreement Resource Request 2 Page I of 1 Attachment D Walter Amedee From: Walter Amedee Sent: Monday, October 24, 2011 8:40 AM To: Ginny Miller Subject: RE: Public Works Mutual Aid Agreement From: Begley, Dana Sent: Monday, October 10, 2011 3:20 PM To: 'Csilva@nationalcityca.gov' Cc: Luke, Leslie Subject: Public Works Mutual Aid Agreement Ms. Silva, Per our phone conversation, it is the County of San Diego's intention that the "Operational Area Public Works Mutual Aid Agreement," attached hereto, governs emergency services to be performed by public workers only. "Public Workers" is to include personnel traditionally employed by a public entity's Department of Public Works that is responsible for, but not limited to: maintaining area's infrastructure; roads; traffic engineering; land development civil engineering review; design engineering and construction management; land surveying and map processing; cartographic services; watershed quality and flood protection; solid waste planning and diversion; inactive landfills; wastewater systems management. The term is not intended to include other emergency personnel such as fire fighters and law enforcement officers. Should you have any additional questions or would like further clarification please do not hesitate to contact me. Thank you Dana Dana L. Begley Deputy County Counsel County of San Diego 1600 Pacific H uy. Rm 355 San Diego, CA 92101 p: 619.531.6119 f: 619.53.1.6005 CONFIDENTIALITY NOTICE: This email message. including any attachments. is for the sole use of the upended recipient(s) and may contain information protected by the attorneyoclient privilege, the attorney work product doctrine or other applicable privileges or confidentiality laws or regulations. 11 you are not an intended recipient, you may not review, use. copy, disclose or distribute this message or any of the information contained in this message to anyone. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of this message and any attachments. Unintended transmission shall not constitute waiver of the attorneyoclient or any other privilege. Please consider the environment before printing this eomail 11/2/2011 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15, 20111 AGENDA ITEM NO. 'I9 :M TITLE: Resolution of the City Council of the City of National City approving Agreement with Chandler Asset Management for Investment Management Services for a 2-year term with 3 additional 1-year options. Fees will be based on the average balance of assets under Chandler's direct management at the annual rate of six basis points (0.06 of 1 %). PREPARED BY: Leslie Deese, Asst. City Manager and PHONE: Committee Members 619 336 4240 EXPLANATION: See attached Staff Report DEPARTMENT: City Manager APPROVED FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Fees will be based on the average balance of assets under Chandler's direct management at the annual rate of 6 basis points, or 0.06 of 1 %. ENVIRONMENTAL REVIEW: IN/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ff Report volution Agreement Resolution Approving Agreement with Chandler Asset Management for Investment Management Services for a 2-year term with 3 additional 1-year options. Fees will be based on the average balance of assets under Chandler's direct management at the annual rate of six basis points (0.06 of Staff Report: On November 1, 2011, the City Council approved the Investment Management Services Committee's recommendation to select Chandler Asset Management to provide investment management services to the City of National City and to assist in selecting long-term investments for its bond proceeds and other investable funds pursuant to the City's Investment Policy. The amount to be invested with Chandler will be dependent on a cash flow analysis that will be conducted following City Council approval of the agreement. Chandler Asset Management Founded in 1988, Chandler Asset Management is a California corporation located in San Diego, a certified woman -owned, employee business enterprise with over 20 years of experience providing investment management services to public agencies, foundations and endowments, not -for -profit organizations, and corporations. Their San Diego headquarters would allow ongoing interaction between City staff and Chandler staff easier. Chandler has a strong track record in managing investment portfolios. As of June 30, 2011, Chandler manages over $6 billion for 102 clients. Public agencies comprise 77% of the assets. Included in these assets are $4.6 billion managed specifically for municipal clients. Chandler also serves in an advisory capacity to the County of San Diego. Chandler is a registered investment adviser, regulated and monitored by the Securities and Exchange Commission and is registered with the Securities and Exchange Commission as an investment adviser. Chandler is not a broker/dealer and has no branches of its operations that perform these services. All purchases of investments are made through a competitive process and avoid any appearance of a conflict of interest. The investment manager holds no funds directly. All investments would be held at the City's custodial bank for safekeeping. The investment manager instructs how the portfolio should be invested in accordance with the City's financial policies, and processes those transactions through the City's custodial bank. City staff provides guidelines and constraints to the investment manager based on the City Code and regular monitoring of their performance to ensure compliance. Reference Checks: City staff conducted reference checks with several of the firm's client cities. All of the references that were checked provided positive feedback on their working relationship with Chandler. Of the cities that were contacted, Chandler manages a portion of their long-term investment portfolio, with the long-term portfolio being described as investments with maturities between one and five years. In addition to the reference checks, several Committee members conducted a site visit of Chandler's San Diego Office to view their trading desks and meet their staff. The Committee feedback was very positive and believes that Chandler Asset Management would provide National City with excellent service. Contract Term: The Committee recommends a 2-year term with three (3) additional 1-year options for a total of 5-years. Fees: Due to the current investment environment, Chandler has offered the City a reduced fee for its services. Chandler proposes to manage the City's investment portfolio at the annual rate of 6 basis points, or 0.06 of 1%. As an example, for a $20 million portfolio, the annual cost to the City would be $12,000. The fee schedule will remain in effect for a minimum of two years from the date of contract execution, or until such time as the Federal Reserve Bank officially increases the Federal Funds rate by any amount. Once the Federal Reserve has increased the Federal Funds rate, or after two years, whichever is later, Chandler proposes the following standard fee schedule: First $20 million Next $40 million 0.10 of 1 % (10 basis points) Assets in excess of $60 million 0.08 of 1% (8 basis points) 0.06 of 1% (6 basis points) The fees expressed above do not include any custody fees that may be charged by the City's bank or other third party custodian; however these fees are minimal. Fees are based on the average balance of assets under Chandler's direct management and are all inclusive for the services that Chandler will provide including: • Review of National City's Investment Policy; �rsonal visits and meetings with City staff on a quarterly or semi-annual basis, or as requested; • Educational offerings to City staff and elected officials; • No setup or other one-time fees; • No additional costs associated with the sale and purchase of securities, other than those that may be imposed by the custodian; • No annual minimum; • No other forms of compensation. Resource Impacts: • Available Funding — The fees incurred for this advisory service will be deducted from the investment income generated from the portfolio securities and is based on the size of the investments under advisement. • Staffing, Workload Impact — The City Manager's Office, the City Treasurer, Finance and Accounting staff will monitor the Investment Manager's performance. • Future Budget Implications — There will be no expenditure budget implications. Additional investment income may be realized. Next Steps: If the Agreement with Chandler is approved by Council on November 15th, the next steps in the process would be: Select & Execute Agreement for Custodian (City Manager) Conduct Cash Flow Analysis (Chandler/Staff) Update Investment Policy (Chandler/Staff) City Council Approval of revised Investment Policy Review Cash Flow Projections (Staff) Transfer of Cash / Investments CDC / Redevelopment Inv. Mgmt. Contract & Subsequent Fund Transfer November 2011 November -December November -December December 6, 2011 December 2011 January 2012 TBD - After January 15, 2012 California Supreme Court Decision AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CHANDLER ASSET MANAGEMENT, INC. THIS AGREEMENT is entered into this 15`11 day of November, 2011, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CHANDLER ASSET MANGEMENT, INC., a California Corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide investment management and investment advisory services as described in Exhibit "A" of this Agreement. WHEREAS, the CITY has determined that the CONSULTANT is an investment adviser registered with the SEC under the Investment Advisers Act of 1940 and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT shall provide investment management and investment advisory services for the CITY in compliance with the City's Investment Policy attached hereto as "Attachment 1". The CONSULTANT will perform services as set forth in the Scope of Services attached hereto as Exhibit "A" . The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 6.) City's Standard Agreement —2011 revision 3. PROJECT COORDINATION AND SUPERVISION. Leslie Deese hereby is designated as the Project Coordinator for the CITY and will monitor the progressand execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Martin Cassell thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the City Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on November 15, 2011. The duration of this Agreement is for the period of November 15, 2011 through November 15, 2013, with three (3) additional one (1) year options. Completion dates or time durations for specific portions of the Project are set forth in Exhibit 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. 5 City's Standard Agreement —MI I revision Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY' S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, except with respect to the services described in Exhibit "A", it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. City's Standard Agreement —2011 revision 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City; whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all tunes during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and 17 City's Standard Agreement —2011 revision selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suites, actions, proceedings. reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligationscontained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and 8 City's Standard Agreement —2011 revision description, including reasonable attomey's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. Fl If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $10,000,000 per occurrence along with any other additional coverage through a fidelity bond and umbrella insurance. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change.. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. City's Standard Agreement —2011 revision H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not he considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of; or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or.any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. City's Standard Agreement-2011 revision C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Chris Zapata City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Nicole Dragoo Chandler Asset Management Inc. 6225 Lusk Boulevard San Diego, CA 92121 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication I( City's Standard Agreement-2011 revision sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agrccnient. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules. and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday. Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. 1� City's Standard Agreement —2011 revision D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. (Continued on next page) 3 City's Standard Agreement —2011 revision IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY CHANDLER ASSET MANAGEMENT, INC. By: By: (Name) Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney (Print) (Title) By: (Name) (Print) (Title) City's Standard Ageement —2011 revision EXHIBIT "A" Scope of Services; Other Terms and Conditions 1 Scope of Services. Chandler Asset Management, Inc. (CONSULTANT) shall provide investment management and advisory services for the City of National City (CITY). on all funds authorized by the CITY to be managed by CONSULTANT. Other services to be provided by CONSULTANT include but are not limited to the following: a. Assisting the CITY in analyzing its cash flow requirements to determine the amount of funds to be invested with CONSULTANT. b. Assisting the CITY in determining its investment risk tolerance and appropriate portfolio benchmark. c. Meeting with CITY staff on a quarterly basis to review the investment portfolio and performance. d. On an annual basis, advising the CITY on recommended changes to its Investment Policy based on legislative changes and other relevant market conditions; attending the City Council meeting in which the annual update to the Investment Policy is presented, if requested by the CITY. e. Providing the City with on-line access to investment information and providing monthly investment reports for the CITY management and the City Council as specified by the CITY. f. Providing other services as agreed upon. Fees. CITY shall compensate CONSULTANT monthly an amount calculated on the average market value of CITY's portfolio, including accrued interest, in accordance with the following schedules: Assets Under Management Annual Investment Management Fee All assets 0.06 of 1 % (6 basis points) The fee schedule above will remain in effect for a minimum period of two years from the date this Agreement is executed, or until such time as the Federal Reserve Bank officially increases the Federal Funds rate by any amount. Once the Federal Reserve has increased the Federal Funds rate, or after two years, whichever is later, the following standard fee schedule will apply: Assets Under Management Annual Investment Management Fee First S20 million Next $40 million Assets in excess of $60 million 0.10 of 1% (10 basis points) 0.08 of l % (8 basis points) 0.06 of 1 % (6 basis points) The fees expressed above do not include any custody fees that may he charged by CITY's bank or other third party custodian. Fees shall be prorated to the effective date of termination on the basis of actual days elapsed, and any unearned portion of prepaid fees shall be refunded. CITY is not required to pay any start-up or closing fees; there are no penalty fees. Fees shall be deducted monthly in arrears from CITY's custody account. 3. CITY Representative. In its capacity as investment manager, CONSULTANT shall receive all instructions, directions and other communications on CITY's behalf respecting CITY's account from Financial Services Officer Tina Norrdin (Representative). CONSULTANT is hereby authorized to rely and act upon all such instructions, directions and communications from such Representative or any agent of such Representative. Investment Policy. In investing and reinvesting CITY's assets, CONSULTANT shall comply with CITY's Investment Policy, which is attached hereto as Attachment 1 to Exhibit "A". 5. Authority of CONSULTANT. CONSULTANT is hereby granted full discretion to invest and reinvest all assets under its management in any type of security it deems appropriate, subject to the instructions given or guidelines set by Representative. 6. Electronic Delivery. From time to time, CONSULTANT may be required to deliver certain documents to CITY such as account information, notices and required disclosures. CITY hereby consents to CONSULTANT's use of electronic means, such as email, to make such delivery. This delivery may include notification of the availability of such document(s) on a website, and CITY agrees that such notification will constitute "delivery". CITY further agrees to provide CONSULTANT with CITY's email address(s) and to keep this information current at all times by promptly notifying CONSULTANT of any change in email address(s). CITY email Address(s): czapata@nationalcityca.gov; Ideese@nationalcityca.gov; tnorrdin@nationalcityca. gov; 7. Proxy Voting. CONSULTANT will vote proxies on behalf of CITY unless otherwise instructed. CONSULTANT has adopted and implemented written policies and procedures and will provide CITY with a description of the proxy voting procedures upon request. CONSULTANT will provide information regarding how CITYs' proxies were voted upon request. To request proxy policies or other information, please contact us by mail at the address provided, by calling 800-317-4747 or by emailing your request to info@chandlerasset.com. 8. Custody of Securities and Funds. CONSULTANT shall not have custody or possession of the funds or securities that CITY has placed under its management. CITY shall appoint a custodian to take and have possession of its assets. CITY recognizes the importance of comparing statements received from the appointed custodian to statements received from CONSULTANT. CITY recognizes that the fees expressed above do not include fees CITY will incur for custodial services. 9. Valuation. CONSULTANT will value securities held in portfolios managed by CONSULTANT no less than monthly. Securities or investments in the portfolio will be valued in a manner determined in good faith by CONSULTANT to reflect fair market value. 10. Investment Advice. CITY recognizes that the opinions, recommendations and actions of CONSULTANT will be based on information deemed by it to be reliable, but not guaranteed to or by it. Provided that CONSULTANT acts in good faith, CITY agrees that CONSULTANT will not in any way be liable for any error in judgment or for any act or omission, except as may otherwise be provided for under the Federal Securities laws or other applicable laws. 11. Payment of Commissions. CONSULTANT may place buy and sell orders with or through such brokers or dealers as it may select. It is the policy and practice of CONSULTANT to strive for the best price and execution and for commission and discounts which are competitive in relation to the value of the transaction and which comply with Section 28(e) of the Securities and Exchange Act. Nevertheless, it is understood that CONSULTANT may pay a commission on transactions in excess of the amount another broker or dealer may charge, and that CONSULTANT makes no warranty or representation regarding commissions paid on transactions hereunder. 12. Other Clients. It is further understood that CONSULTANT may be acting in a similar capacity for other institutional and individual clients, and that investments and reinvestments for CITY's portfolio may differ from those made or recommended with respect to other accounts and clients even though the investment objectives may he the same or similar. Accordingly, it is agreed that CONSULTANT will have no obligation to purchase or sell for CITY's account any securities which it may purchase or sell for other clients. 13. Receipt of Brochure and Privacy Policy. CITY has received the disclosure statement or "brochure" also known as Part 2A of Form ADV, required to be delivered pursuant to Rule 204-3 of the Investment Advisers Act of 1940 (Brochure). CITY has received a copy of CONSULTANT's Privacy Policy. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: .11-1-11 AGENDA ITEM NO. 15 .:M TITLE: City Council approval of the Investment Management Committee recommendation to select Chandler Asset Management to provide Investment Management Services for the City of National City PREPARED BY: PHONE: EXPLANATION: Leslie Deese, Asst. City Manager and DEPARTMENT: City Manager Committee Members 619-336-4240 APPROVED BY: See attached Staff Report FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Fees will be based on the average balance of assets under Chandler's direct management at the annual rate of 6 basis points, or 0.06 of 1 %. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: The Committee recommends the City Council approve the selection of Chandler Asset Management for Investment Management Services. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ff Report "i iandler Asset Management Proposal (Attachment #1) Chandler Asset Management Presentation to Committee (Attachment #2) City Council approval of Committee recommendation to select Chandler Asset Management for Investment Management Services Staff Report: On July 19, 2011, the City Council approved an RFP for Investment Management Services for the City of National City and approved the creation of a Committee tasked with evaluating proposals and bringing forward a recommendation of up to two qualified firms for its investment portfolio. This report sets forth the Committee's recommendation to select Chandler Asset Management for the reasons set forth herein. The amount to be invested would be dependent on a cash flow analysisthat would be conducted following City Council approval of the selection. If the selection is approved by City Council this date, the Agreement will follow at the next regularly scheduled meeting on November 15, 2011. Background: The City of National City and the National City Community Development Commission (CDC) (collectively referred to as "City") have historically managed its own funds using investment pools and short to medium term securities. Over the years, the City's investment balance has grown to a point where the City can now invest in more long term instruments and improve the current performance of its investments. Today's dire economy has forced us to consider different ways of how we invest City funds. For example, in 2007, total investment earnings at 5.25% for all funds yielded $2,346,415 compared to 2011 investment earnings at 0.4% yielding $438,636 to date. Furthermore, utilizing the services of a professional investment advisor to manage a portion of the City's portfolio may enable the City to achieve some "added value" and allow City staff to assume other critical finance related responsibilities. The City's primary investment objective is to achieve a reasonable rate of return on public funds while minimizing the potential for capital losses arising from market changes or issuer default. With today's volatile market and complex investment instruments, a professional investment manager is best suited to achieving the City's investment goals while minimizing portfolio risk. Although the generation of revenues through interest earnings on investment is an appropriate City goal, the primary consideration in the investment of City funds is safety of funds by preserving capital in the overall portfolio. As such, consistent with the City's Investment Policy, the yield objective is to achieve a reasonable rate of return on investments rather than the maximum generation of income, which could expose the City to unacceptable levels of risk. Current Investment Portfolio: The combined value of the portfolio is approximately $50 million of various fund types, which is currently placed between the California Treasurer's Local Agency Investment Fund (LAIF) and other low risk securities (see Exhibit A). This amount fluctuates depending on expenditures, such as payroll and other day-to- day operations. National City has 75.39% of its total portfolio invested in LAIF. This is a liquid investment pool which allows participants to earn market rate returns of large• investments, while retaining access to funds within 24 hours of a withdrawal request. Due to the current circumstances of the economy and market conditions, LAIF return has been plunging for the last several years and current projections are continued to decline. For the month ended June 30, 2011, LAIF's monthly average effective yield was 0.45%. RFP Process: As previously stated, the City Council authorized the issuance of a Request for Proposal (RFP) from interested firms in providing investment management services for its investments portfolio. The City Council appointed two council members to serve on the evaluation committee for potential financial management services. The committee provided for a balanced representation with members of the City Council, the City Treasurer, Finance, and City Manager's Office, and was comprised of the following members: Councilmember Luis Natividad Councilmember Mona Rios City Treasurer Mitch Beauchamp Financial Services Officer Tina Norrdin National City's Financial Advisor Michael Busch (Urban Futures, Inc.) Assistant City Manager Leslie Deese The RFP was sent to several investment management firms that had previously contacted the City and was posted on the City's website and other heavily trafficked finance related websites, including the California Society of Municipal Finance Officers (CFSMO) and California Municipal Treasurers Association (CMTA). Responses to the RFP were due by 5:00 pm on August 18, 2011. The City received eighteen (18) responses. The firms that responded to the RFP for investment management services, listed in alphabetical order are: BNY Melon Chandler Asset Management Cutwater Cypress Asset Management Dana Investment Advisors Dwight Asset Management Co. Estrada Hinojosa & Company, Inc. First Southwest Company Garcia, Hamilton & Associates 'PMC LM Capital Group, LLC Main Street Capital Advisors Pacific Income Advisors Public Financial Management Reams Asset Management Company Union Bank US Bank Wells Capital Management Committee Evaluation Criteria: In order to rank the firms and provide a recommendation to the City Council, in addition to the criteria outlined in the RFP, the Committee considered: • Accessibility to the Firm • Investment Strategies • Relevant Experience • Strategies to Add Value • Investment Administration Services: Policies, Benchmarking, Oversight, Reporting, Training • Cost of Services After reviewing and considering each proposal, the Committee concluded that while all the firms -had the experience to provide investment management services for the City, three firms were independently ranked as the top three by each committeemember to interview. Listed in alphabetical order: Chandler Asset Management LM Capital Group, LLC Public Financial Management. (PFM) The Committee felt that the City would be well -served by any of these three firms. Community Development / Redevelopment Funds The RFP assumed the investment of both the City and CDC funds; however, due to AB x 27 and the pending Supreme Court stay, the City Attorney advises that the CDC funds must remain invested with LAIF until the California Supreme Court's decision on January 15, 2012. Committee Recommendation: As the Committee was tasked with making a recommendation to the City Council, Chandler Asset Management was selected by the Committee to assist the City in selecting long-term investments for its bond proceeds and other investable funds pursuant to the City's Investment Policy. Chandler Asset Management Founded in 1988, Chandler Asset Management is a California corporation located in San Diego, a certified woman -owned, employee business enterprise with over 20 years of experience providing investment management services to public agencies, foundations and endowments, not -for -profit organizations, and corporations. Their San Diego headquarters would allow ongoing interaction between City staff and Chandler staff easier. Chandler has a strong track record in managing investment portfolios. As of June 30, 2011, Chandler manages over $6 billion for 102 clients. Public agencies comprise 77% of the assets. Included in these assets are $4.6 billion managed specifically for municipal clients. Chandler also serves in an advisory capacity to the County of San Diego. Chandler is a registered investment adviser, regulated and monitored by the Securities and Exchange Commission and is registered with the Securities and Exchange Commission as an investment adviser. Chandler is not a broker/dealer and has no branches of its operations that perform these services. All purchases of investments are made through a competitive process and avoid any appearance of a conflict of interest. The investment manager holds no funds, directly. All investments would be held at the City's custodial bank for safekeeping. The investment manager instructs how the portfolio should be invested in accordance with the City's financial policies, and processes those transactions through the City's custodial bank. City staff provides guidelines and constraints to the investment manager based on the City Code and regular monitoring of their performance to ensure compliance. Reference Checks: City staff conducted reference checks with several of the firm's client cities. All of the references that were checked provided positive feedback on their working relationship with Chandler. Of the cities that were contacted, Chandler manages a portion of their long-term investment portfolio, with the long-term portfolio being described as investments with maturities between one and five years. in addition to the reference checks, several Committee members conducted a site visit of Chandler's San Diego Office to view their trading desks and meet their staff. The Committee feedback was very positive and believes that Chandler Asset Management would provide National City with excellent service. Contract Term: The Committee recommends a 2-year term with three (3) additional 1-year options for a total of 5-years. Fees: Due to the current investment environment, Chandler has offered the City a reduced fee for its services. Chandler proposes to manage the City's investment portfolio at the annual rate of 6 basis points, or 0.06 of 1%. As an example, for a $20 million portfolio, the annual cost to the City would be $12,000. The fee schedule will remain in effect for a minimum of two years from the date of contract execution, or until such time as the Federal Reserve Bank officially increases the Federal Funds rate by any amount. Once the Federal Reserve has increased the Federal Funds rate, or after two years, whichever is later, Chandler proposes the following standard fee schedule: A bf� n m nt,T tK` Y. ssifTaM L � y,,` "alAsusMet e ± s. ^._R .� P i:.�+ `+� First $20 million 0.10 of 1% (10 basis points) Next $40 million 0.08 of 1% (8 basis points) Assets in excess of $60 million 0.06 of 1% (6 basis points) The fees expressed above do not include any custody fees that may be charged by the City's bank or other third party custodian; however these fees are minimal. Fees are based on the average balance of assets under Chandler's direct management and are all inclusive for the services that Chandler will provide including: • Review of National City's Investment Policy; • Personal visits and meetings with City staff on a quarterly or semi-annual basis, or as requested; • Educational offerings to City staff and elected officials; • No setup or other one-time fees; • No additional costs associated with the sale and purchase of securities, other than those that may be imposed by the custodian; • No annual minimum; • No other forms of compensation. Resource Impacts: • Available Funding — The fees incurred for this advisory service will be deducted from the investment income generated from the portfolio securities and is based on the size of the investments under advisement. • Staffing, Workload Impact — The City Manager's Office, the City Treasurer, Finance and Accounting staff will monitor the Investment Manager's performance. • Future Budget Implications — There will be no expenditure budget implications. Additional investment income may be realized. County of San Diego's Relationship with Chandler Asset Management: An accompanying item on the November 1, 2011 Council Agenda recommends National City participates in the County of San Diego's Investment Pool. Because Chandler serves in an advisory capacity to the County of San Diego, the Committee wanted to ensure there would not be a conflict of interest. Neither the County nor Chandler believes a conflict of interest would exist. Chandler provides advice to the County; they do not handle their investment portfolio. Chandler will provide advice separately to the City of National City and the County of San Diego; the advice provided to one would not influence the advice provided to the other. Furthermore, Chandler would only be compensated on assets National City places under their direct management; not for assets managed by the County. Next Steps: If the recommendation to select Chandler is approved by Council on November 1st, the next steps in the process would be: Execute Agreement (Council) Select & Execute Agreement for Custodian (City Manager) Conduct Cash Flow Analysis (Chandler/Staff) Update Investment Policy (Chandler/Staff) City Council Approval of revised Investment Policy... Review Cash Flow Projections (Staff) Transfer of Cash / Investments November 15, 2011 November 2011 November -December November -December . December 6, 2011 December 2011 January 2012 CDC / Redevelopment Inv. Mgmt. Contract & Subsequent Fund Transfer TBD - After January 15, 2012 California Supreme Court Decision Exhibit A SUMMARY OF INVESTMENT PORTFOLIO As of June 30, 2011 INVESTMENTS HELD BY THE CITY YTM % of Investment Type Book Value Market Value 365 Equiv. Portfolio LAIF 38,266,020.00 38,326345.23 0.448%. 75.39% Medium Term Notes 500,000.00 510,320.00 4 000% 0,99% Federal Agency Securities 9,989,750.00 10,062,62210 2228% 19,68% CDARS Program 2,000,000.00 2,000,000.00 1.050% 3.94% Totals for June 2011 50,755,770.00 50,899,287.33 0.857% 100.00% Totals for June 2010 -. - 61,556,596.76 Portfolio increase from same quarter last year Federal Agency Securities 19.88% Medium Term Notes 0.99% A00.826.76 CDARS Program 3.94% LAIF 75.39% Investments Liquidity Book Value %ofPortfolio On Demand 38,266,020.00 75.39% Within One Month 3,000,000.00 5.91% One Month to One Year 7,489,760.00 14.76% One Year to Two Years 1,000,000.00 1.97% Five Years 1,000,000.00 1.97% 50,765,770.00 100.00% City of National City Finance Department CHANDLER ASSET MANAGEMENT August 16, 2011 City of National City Leslie Deese, Assistant City Manager 1243 National City Blvd. National City, CA 91950 ATTACHMENT #1 San Diego Chicago I Denver I Pleasanton RE: City of National City Request for Proposal for Investment Management Services Dear Ms. Deese: We welcome the opportunity to present our qualifications to serve as investment manager for the city of National City. As you read our statement of qualifications and become acquainted with our firm, you will understand our dedication to providing superior investment services to our clients., We have read and understand fully the RFP. Our proposal is prepared and presented in response to your request and in accordance with the RFP guidelines and requirements. Given our over 20-year tenure as investment advisers to the public sector, as well as the depth and breadth of experience and quality of our professional team, we meet or exceed all of your requirements. With Chandler Asset Management, you will benefit from • our commitment to partnership with each client • our experienced and well-resourced professional investment team • an investment process that is consistent and repeatable throughout market cycles • competitive results, documented in accordance with industry standards • our San Diego headquarters that makes ongoing interaction between your staff and ours easy Our proposal presents detailed information on why we believe we are the best qualified to provide the investment advisory services you have requested. We look forward to the opportunity to discuss our capabilities and the enclosed proposal with you. Please be advised that both Martin Cassell and I are authorized to represent Chandler Asset Management in all matters related to the RFP. Sincerely, Kay CI ndler Presid nt _tS Lusk Boulevard San Diego, CA 92121 PHONE 858.516.3737 Fax 858:546.3741 www.ch a n d i e ra sse t. com CHANDLER ASSET MANAGEMENT Chandler Asset Management Proposal IN RESPONSE TO City of National City Investment Management Services August 18, 2011 r7 CHANDLER ASSET MANAGEMENT Chandler Asset Management Proposal IN RESPONSE TO City of National City Investment Management Services (0,,,,„„„„„„„,11,7,7, 4„,,,. # -- ' r ...,, -(4.4,, ..„-.0,,, rx ,, .... f . .... ...... ... ..... ... .... Of 9 •r. tir 410tlt t E 6.li 01' _ `\` ) • ��f llniumilit utt�uSAl��`f Table of Contents A. Organization 1 B. Personnel 4 C. Investment Management Approach and Discipline 6 D. Reporting Capabilities 10 E. Fees 11 F. Other Considerations 12 Cl� CHANDLER ASSET MANAGEMENT A. Organization 1. Describe the brief history of your firm, including date founded, ownership, and any subsidiary relationship or relationships with other financial institutions Chandler Asset Management ("Chandler"), founded in 1988, is registered with the Securities and Exchange Commission as an investment adviser. For over 23 years, Chandler has provided investment management services to public agencies, foundations and endowments, not -for -profit organizations, and corporations. Chandler is a California corporation and a certified woman -owned business enterprise. Our headquarters is here in San Diego- making interaction especially easy with the City. Chandler is 100% employee owned. The key employees of Chandler are the owners of the firm: an ownership structure that contributes to our ability to .attract and retain the highest quality investment professionals. Chandller is completely independent and has no affiliations with broker/dealers, banks, or other financial institutions. 2. Describe experience of the firm in providing investment management services to the public sector. Since our inception, the primary focus for Chandler has been managing funds for governmental entities. Our staff members have extensive experience managing public funds. Our investment professionals apply time - tested, results -proven concepts of conservative, fixed -income management to the challenges of investing public funds in order to meet the specific objectives and constraints of each client. Chandler manages a wide variety of accounts for public entities, local agencies, and California Code clients, and has a strong track record in managing investment portfolios for these organizations. As of June 30, 2011, we manage over $6 billion for 102 clients. Included in these assets are $4.6 billion managed specifically for municipal clients. We are extremely familiar with the issues affecting the City's portfolio and the applicable California Code provisions. We understand the unique cash flow and liquidity requirements, and regulatory and accounting nuances of these mandates. We also have substantial experience managing the assets of other fixed -income investors, including foundations and endowments, not -for -profit organizations, and corporations. This experience with investors outside the public sector enhances our ability to bring the best practices of the private sector to our governmental mandates. 3. Describe any SEC regulatory censure or litigation related to services the firm provides. None. ilk I ET NDLER II MANAGEMENT 4. State the dollar value of the assets and the number of portfolios the firm has under direct and continuous management, categorized between public sector and other clients. Chandler Asset Management Assets Under Management As of June 30, 2011 5. Provide the approximate client turnover using the format below: Chandler Asset Management Client Tumover As of June 30, 2011 1 Includes 941 separate accounts managed on one SMA platform. ' Number gained and lost does not include changes to the platform described in footnote 1. CHANDLER ASSET MANAGEMENT 6. Provide a list of relevant public sector client referencs, including contact person'§ and "telephone numbers. Relevant list would include clients with similar types of jurisdiction, portfolio size, and investment objectives. t >d Y Y xr41CY kLt VA 0 }..,� { 0 � V�iY m t 4 Air hi {e , 1 8 FtTftr^' 5+2 "� ' 7 ... (� Y hL N 'k'1 yam' Seri f 1.C,..1" 'i Ms. Laura Seiler San Diego Pooled Insurance Program Authority (SANDPIPA) 1237 Bear Valley Parkway Escondido, CA 92027 $243 2008 fool Manager (760) 738-7010 lseiler@sanupipa.org City of Brea Mr. William Gallardo One Civic Center Circle Brea, CA 92821 $103.0 1996 Finance Director (714) 671 4418 bill•a sci.brea.ca.us City of Corona Ms. Debra Foster 400 South Vicentia Avenue . Corona, CA 92882 $195.3 2006 Finance Director (951) 736-2315 debra.foster@ci.corona.ca.us City of Newport Beach Mr. Dan Matusiewicz Deputy Administrative 3300 Newport Boulevard Newport Beach, CA 92659 $57.5 1991 . Services Director (949) 644-3126 darun@newportbeachca.gov Ms. Laura Rocha City of San Marcos 1 Civic Center Drive San Marcos, CA 92069 57 2009 Finance Director (760) 744-1050 kocha@san-marcos.net 7. Describe the type and amount of insurance coverage the firm maintains with respect to investment management activities. Chandler carries $10 million in Errors and Omissions/Professional Liability Insurance through Twin Cities Fire Insurance, a Hartford company. The firm also carries a $1 million fidelity bond with The Hartford Insurance Company. 8. Provide a copy of the firm's most recent audited financial statement. A copy of the firm's reviewed financial statements is included separately. We request that you maintain the confidentiality of this information as Chandler is not publicly held. CHANDLER ASSET MANAGEMENT B. Personnel 1. Identify the key personnel who would be directly involved in providing services under the engagement. Describe their relationship with the firm, the role they would play in this engagement, their experience in the investment business, specifically with public sector cash management and investments, their professional certification, and their years of service to the firm. Chandler Asset Management Professional Team r '' • ..-*• ,Lj�flixiS�e O B, `0.6. L. T�L � g £° ira "2.4"`.��- Ti,'`h i c �ih'-L�}�''n /i 5�' TL '� '�'�"" �" `i A l + •,i �NN PLS SSl't^ Q ��.n Kay Chandler, CFA President Client service 1975 1988 Martin Cassell, CFA CEO, Chief Investment Officer Leads the investment team 1987 1991 Nicole Dragoo, IACCP COO, Chief Compliance Officer Leads investment operations team Regulatory compliance 2000 2001 Ted Piorkowski, CFA SVP, Portfolio Manager Portfolio management and trading 1987 1999 Jayson Schmitt, CFA SVP, Portfolio Manager Portfolio management and trading 1994 1995 Brian Perry, CFA VP, Portfolio Manager & Strategist Portfolio management and trading Investment Strategy 1996 2005 William Dennehy II, CFA VP, Portfolio Manager Portfolio management and trading 1992 2011 Shelly Henbest Credit Analyst Credit analysis 2000 2009 Eric Young Portfolio Specialist Portfolio management support 2005 2007 Mia Corral VP, Client Service Client service and relationship management 1997 2004 For detailed resumes of all team members please see the team biographies in Appendix A. 2. Describe actions taken by the firm to keep its investment professionals informed of developments relevant to government investment managers and investments in general. Maintaining an authoritative presence in the specialized area of providing investment advice to public entities is crucial to the firm and to our clients. Firm leadership recognizes the importance of ensuring staff stays current on developments that may affect local governments, as well as knowledgeable in technical investment areas. CHANDLER ASSET MANAGEMENT CFA Program Continuing Education. All portfolio managers at Chandler have demonstrated their expertise and commitment to portfolio management by earning the designation of Chartered Financial Analyst (CFA). Other team members are working to achieve this designation. We encourage CFA charter holders to participate in annual continuing education courses. Ongoing Registered Investment Adviser Continuing Education. We encourage and support staff members to stay abreast of SEC regulatory requirements. To that end, Chandler provides on -going live and Web -based training sessions on a variety of topical areas. Ad Hoc Learning Activities. Chandler's management encourages and supports professional staff to identify and participate in instructional programs that are relevant to their investment management work. At the same time, staff members recognize the importance of staying current on developments that may affect local governments, and lend their own expertise to develop recommendations and best practices for advisers and their clients. Our involvement occurs on several levels. Local Agency Clients _. We have been providing our services to public agencies since 1988. Throughout that time, we have followed, and often been involved, in drafting investment legislation and recommended practices on a state and national level, providing guidance on safe and effective practices for the management of public funds_ Speakers, Faculty and Authors Preparation for our many speaking engagements keeps us current on important government investment developments. Team members are frequent contributors to technical publications. Kay Chandler is one of four co-authors of The California Investment Primer, a reference book commissioned by the California State Treasurer for California public fund managers. Ned Connolly is a regular faculty instructor for the GFOA and a former member of the Committee on Treasury and Investment Management. Sofia Anastopoulos joined the firm in 2010. Formerly with GFOA, she was responsible for the GFOA's Treasury and Investment Management activities, served as senior staff on the GFOA committee on Treasury and Investment Management, edited the Association's Treasury and Investment Management Newsletter, which focuses on issues relevant to public sector investors, served as instructor for the GFOA and regional associations and contributed to GFOA's various publications. Some of Sofia's recent publications geared towards informing public officials of best current practices include Elected Official's Guide: Investing (Second Edition), Introduction to Broker -Dealers for State and Local Government (Second Edition), and Introduction to Investment Advisers for State and Local Government (Second Edition). Sofia currently serves on the GFOA's Committee on Treasury and Investment Management. 3. State whether there has been any turnover of key personnel in the firm or additions to staff in the past year. One portfolio manager left the firm in 2010. A portfolio manager hired to take over his duties recently started work at the firm. Mr. William Dennehy II, CFA, joined us from Northern Trust. At I CHANDLER MANAGEMENT C. Investment Management Approach and Discipline 1. Describe the firm's overall investment philosophy and approach to this engagement. Chandler's Investment Philosophy We believe that effective risk management enhances the potential for higher returns while maintaining the primary objectives of safety and liquidity. Chandler's Investment Discipline To execute our philosophy, the firm employs a rigorous, quantitatively based discipline, comprised of three stages: portfolio structure, security selection, and periodic rebalancing. Portfolio Structure A proprietary Horizon Analysis Model is the quantitative foundation for Chandler's portfolio construction process. The Model enables the portfolio management team to integrate its research into the portfolio management process in a quantitative, disciplined, and repeatable way. Inputs to the Model include: (1) current yields on Treasury, agency and corporate securities; (2) specific client constraints, such as maturity restrictions and maximum sector exposure; and (3) nine different forecasted interest rate scenarios that are at a six-month horizon date. Through an iterative process, the Model generates the "optimal portfolio structure" (duration, maturity distribution and sector allocation), which is the portfolio that achieves a return greater than the benchmark in each of the nine scenarios. That is, the Model generates a portfolio structure that we expect will outperform the portfolio's benchmark over a wide range of possible future interest rate movements. The portfolio management team then evaluates the optimal portfolio structure. The team makes any necessary changes and begins the construction of the optimal portfolio. This combination of a rigorous quantitative structure and experienced qualitative oversight is a hallmark of all Chandler's portfolio management activities. Security Selection The security selection decision is separate from the portfolio structuring process, and is on page S. Portfolio Rebalancing With the passage of time, portfolio characteristics tend to drift away from the desired structure. For that reason, the team reruns the Horizon Analysis Model monthly, and rebalances as market conditions and portfolio characteristics change. Chandler's Approach to This Engagement At the beginning of our relationship with National City, the frrm's investment professionals discuss with client all aspects of the investment program, including investment objectives, risk tolerances, and policy constraints. Based on an agreed upon understanding of those considerations, we assist the client to select a market benchmark that reflects the risk profile and objectives. At this point, given the level of experience and firm resources, the team has the framework necessary to execute a disciplined, custom-tailored investment strategy. CHANDLER ASSET MANAGEMENT 2.. Describe the primary strategies for adding value to a portfolio. Chandler employs a disciplined portfolio management process custom-tailored to individual clients. The team will collaborate with you to quantify the risk guidelines appropriate for your portfolio and to select an investment style and benchmarks that reflect your objectives. With these guidelines in place, the team executes an investment program designed to add value in the following ways: • maintaining the proper duration in your portfolio in order to manage market risk • managing the portfolio's duration distribution, or placement of securities along the yield curve, based on relative value analysis • managing sector allocation based on analysis of market and credit conditions and in compliance with your irivesmien t guidelines • analyzing relative value of securities and continuously reviewing dealer inventories to identify securities that offer the best value for implementing our strategies • maintaining an ongoing dialogue with you through investment meetings and telephone contact with your staff 3. Describe the types of investment research the firm utilizes and the methodology used to recommend investment decisions. The ongoing development of sophisticated tools for investment research is a high priority at Chandler Asset Management. We devote considerable resources to enhancing our own in-house capabilities and to evaluating research from outside sources to incorporate into our own proprietary processes. Members of the portfolio management team conduct rigorous analysis of research acquired from external sources, including Bloomberg, Egan Jones Ratings Company, and Stone & McCarthy Research Associates. It is our team's analysis of the internal and external research that forms the basis for structuring client portfolios. Current resources include: Horizon Analysis Model The proprietary Horizon Analysis Model described on page 6 is the quantitative foundation for Chandler's portfolio construction process. The Model enables our portfolio management team to integrate its research into the portfolio management process in a quantitative, disciplined, and repeatable way. Bloomberg, LP We use the Bloomberg system to monitor market activity and security prices in real time. Bloomberg's extensive database is an important resource in our fundamental evaluation of credit quality and relative value. Charles River Development Investment Management System (CRD) In 2008, the firm implemented CRD to automate and streamline our investment management operations. Our clients benefit from extensive portfolio management tools, efficient trade order management, and real- time pre -trade compliance testing and monitoring on a single integrated platform. Price Discovery and Electronic Trading We use TradeWeb® and other electronic trading platforms for price discovery, competitive bidding, and trade execution and documentation. 7 36) CHANDLER ASSET MANAGEMENT Economic Research The independent firm of Stone & McCarthy Research Associates (SMRA) provides us with a broad macroeconomic analysis, in-depth market commentary, and sector analysis, delivered over the internet. SMRA's examination of current economic conditions and projections of future economic scenarios is a major tool that we use in developing our own interest rate forecasts. Credit Research External resources for credit research described in detail on page 12 include the independent sources of Egan - Jones Ratings Company and Gimme Credit. 4. Describe the firm's procedure for due diligence review, portfolio review; investment management and client contact. Due Diligence, Portfolio Review and Investment Management Each portfolio is invested to a model that Chandler and the client have developed together. Investment team members review all portfolios daily for compliance with investment policy and consistency with current portfolio structure recommended for the client's model. Trades In seeking best trade execution, Chandler combines trades for a number of clients into one large block, and then allocates the trades to individual portfolios, using an allocation process designed to treat all clients fairly in the transaction. Team members execute transactions through online trading platforms such as TradeWeb®, MarketAxess® or directly through individual brokers. The main consideration for broker selection is best execution, including best price and reliability of delivery. A minimum of three quotations will be sought and documented on trade tickets, and can be reported to clients at the time of execution. The winning seller delivers securities directly to the Client's custodian bank using standard DVP procedures. Security Choice The Horizon Analysis Model, described on page 6, is one of the primary tools for establishing the target duration, term structure and asset allocation in the portfolio. Security selection is a process that is separate from portfolio structure at Chandler. Once the team has determined the percent of the portfolio in any duration range or security type, portfolio managers seek individual securities to complete the portfolio structure. Corporate and agency securities are subject to the rigorous process of credit analysis described on page 12, which results in an "Approved Issuer List." Portfolio managers select securities from the Approved List based on relative value considerations. Controls The primary control in the portfolio management process is third party bank custody of client cash and securities,' with all transactions occurring on a delivery -vs. -payment basis. Chandler maintains a broad array of internal controls to protect client assets, provide and document best trade execution and ensure portfolio compliance. "The Charles River Development System (CRD) offers pre - trade and post -trade compliance testing, as well as ongoing review of account positions against market benchmarks and Chandler's model portfolio. In addition, CRD integrates with Bloomberg and other electronic platforms to record execution details and document competitive price quotations. 8 CHANDLER ASSET MANAGEMENT CRD integrates seamlessly with the firm's investment operations department and accounting system. Portfolio managers electronically send executed transaction information to Chandler's investment operations professionals for settlement processing and broker/custodian notification. Transactions are then electronically imported into the portfolio accounting/reporting system, which also serves as the ultimate book of record for all transactions. We have designed these controls to provide appropriate separation of duties and to reduce the possibility of human error in the process. Client contact Contact with our clients is on a regular basis and is as extensive as each client requests. Team members develop a regular schedule of in -person client meetings that is consistent with the client's preferences, on a quarterly or semi-annual basis. Senior staff members, including your portfolio manager, attend client meetings. In addition, portfolio managers make frequent calls to update clients on market conditions and portfolio adjustments. The firm's client service staff works closely with clients to review investment policies, assist with custodial relationships, enhance staff understanding of the investment program, and to serve as a general resource to the Client regarding investment matters. 5. Discuss your assessment of the current market -outlook and how your firm plans to provide superior perfomnance for the clients in the years ahead. Providing consistently "superior performance" requires us to be continuously focused on client invesunent objectives; the most important of which is a public agency's primary objective —safety ofprincipal The current low -interest rate environment creates the considerable challenge of protecting principal if interest rates should begin to rise, while, at the same time, seeking reasonable levels of income. We are currently addressing this challenge specifically by maintaining portfolio duration slightly shorter than the duration of the appropriate benchmark to add protection to principal if rates rise, as we structure portfolio maturities, sector allocation, and issuers to provide above benchmark income levels. Our discipline of maintaining portfolio duration within a band around the duration of the portfolio's benchmark has served us well over the years, and we expect that we will continue to add value in this way. Please refer to the answer to the question 2 on page 7 regarding primary strategies Chandler uses to add value. 6. Describe procedures used to ensure that the portfolio is in compliance with the client's objectives and policies. Compliance is a top priority at Chandler. The firm employs a multi -level compliance review process to ensure portfolios comply with client guidelines, including. • A "pre -trade" automated compliance test ensures policy compliance even before a security is added to the portfolio. • A month -end review of each portfolio rechecks compliance with policy. • A written compliance analysis provided to each client in our month -end report package serves as backup for the monthly Treasurer's report. • A comprehensive weekly process ensures credit quality meets your policy standards and our strict quality requirements. • A portfolio structure that satisfies liquidity objectives with short maturity securities and return objectives with higher duration investments. 9 CHANDLER ASSET MANAGEMENT • Frequent communication between our team and yours helps us stay informed of any developments that may modify your objectives. Our San Diego presence makes interaction with you particularly easy. • In -person meetings held as frequently as you choose provide additional opportunities to review portfolio composition and performance at a high level. D. Reporting Capabilities 1. Submit samples of reports which would be provided and describe their frequency. Reports must be prepared in accordance with Generally Accepted Accounting Principles (GAAP) and in compliance with Government Accounting Standards Board (GASB) pronouncements. As an investment adviser to public agencies for over twenty years, we have devoted significant resources to develop client reports that are accurate, timely, and complete, and that meet the specific requirements of our clients. Samples of reports, prepared in accordance with GAAP, and iii compliance with GASB, are included in Appendix B. 2. Describe the frequency and format of the performance reports that would be provided. We prepare detailed monthly accounting and performance reports delivered via e-mail no later than the third business day following month -end. We provide quarterly portfolio reports that include economic and market information as well as discussion of strategy and transactions. A brief description of our reports follows, and complete samples are available in Appendix B. Monthly Reports We provide monthly portfolio accounting reports to all clients as part of our'regular services. Each monthly report begins with a one -page management summary of portfolio characteristics that provides an excellent overview of the portfolio, including performance relative to the client's selected benchmark(s). A detailed asset listing, including cost, book, and market values, a transaction ledger, an earned interest report, and a cash flow report follows the summary page. Quarterly Investment Reports We provide quarterly reports to clients in a format designed to facilitate discussion between the portfolio manager and the client. The reports present portfolio characteristics, return, and compliance using graphs, charts, and illustrations in a format that is useful for management, elected officials, and interested members of the public. Like all of our reports, the periodic performance report can be customized to meet specific client needs. We propose to provide this report for our quarterly meetings with you. GASB Report We will provide a fiscal year-end report that provides all the information you will need to prepare the portfolio risk assessment required by GASB 40. 3. Describe the types of benchmarks that would be included with the performance reports. The selection of an appropriate market benchmark, defined as an unmanaged market index that reflects the portfolio characteristics of the strategy selected by the City, is critical to our investment process. A benchmark index provides an objective, consistent measurement to compare portfolio return to market return in order to assess the effectiveness of the investment program. 10 CHANDLER ASSET MANAGEMENT We believe that performance benchmarks serve a dual purpose. First, a proper benchmark will reflect not only the investment objectives and permitted investments, but also the client's investment constraints. Therefore, we suggest market benchmarks that mirror the portfolio characteristics of a model portfolio for the client. Second, the benchmark should be the basis for discussion about incremental outperformance of the portfolio relative to the benchmark. That is, the goal is not just to "beat" the benchmark, but also to analyze what factors contributed to differences in performance. Since the benchmark reflects the risk profile of the client, it is important to understand whether the manager is taking on undesired risk to achieve results. One of our first steps in working with clients such as the City is to assist in selecting one or more benchmarks that match each client's risk and return profile. We will work with the City on the selection and then structure and maintain your portfolio over time with characteristics similar to those of the benchmark, as we strive to add value over and above the benchmark through our process of active management. E. Fees 1. Provide the fee schedule that would apply to this account. Due to the current investment environment, Chandler has decided to offer the City a reduced fee. Our fee proposal to you is that we manage the City's investment portfolio at the annual rate of 6 basis points, or 0.06 of 1%. For a $20 million portfolio, the annual cost to the City -will be $12,000. The fee schedule will remain in effect for a minimum period of two years from the date of contract execution, or until such time as the Federal Reserve Bank officially increases the Federal Funds rate by any amount. Once the Federal Reserve has increased the Federal Funds rate, or after two years, whichever is later, we propose the following standard fee schedule: Proposed Fee Schedule for National City Assets Under Management First $20 million Next $40 million Assets in excess of $60 million Annual Asset Management Fee 0.10 of 1% (10 basis points) 0.08 of 1% (8 basis points) 0.06 of 1% (6 basis points) Fees are based on the average balance of assets under Chandler's direct management and are billed monthly in arrears. 2. Identify any expenses that would not be covered through this fee structure and would be required .in order to implement the firm's program. Our proposed fee schedule is all-inclusive for the services that Chandler will provide the City, including our personal visits and educational offerings for your staff. There is no setup or other one-time fees, and no 11 CHANDLER ASSET MANAGEMENT additional costs associated with the sale and purchase of securities, other than those that may be imposed by the custodian There is no annual tninnnum. There are no other forms of compensation. The fee schedule does not include charges that the City will incur for third party custodial services at a bank trust department; these charges are minimal. 3. Is there a minimum annual fee? No. F. Other Considerations 1. Describe any assistance the firm would provide in reviewing custodial and safekeeping arrangements. Thefirm works, with many different third -party custodians, and we are familiar with best practices for effective securities safekeeping. Our team will review your existing custody arrangements and recommend changes if necessary. We will provide you with information about the custodians we work with, and assist you in the selection process. 2. Describe the type and frequency of credit analysis that would be provided on security issuers and financial institutions. Chandler's investment team employs a rigorous, proprietary credit analysis process aimed at identifying stable and improving credits and early detection of weak and deteriorating credits. The process includes both qualitative and quantitative aspects. Credit Analyst Shelly Henbest is responsible for fundamental macroeconomic, industry -wide, and issuer - specific analysis. She prepares research reports and recommendations for review and action by the firm's Credit Committee. Committee members conduct independent credit research and meet once per week to develop a disciplined and actionable credit strategy. The decision process on individual issuers is bifurcated. If Committee members unanimously approve an issuer, it is immediately added to the Approved Issuer List. If any member of the Committee expresses a concern about the issuer further evaluation ensues. If the issuer passes additional screening, it is added to the Approved Issuer List; if not, it may be followed for later approval. Credit research is ongoing; not just limited to month end. An issuer can be added to or removed from the Approved Issuer List at any time on the recommendation of the Committee. External resources for credit analysis, which the Committee uses as additional research for its credit recommendations, include the independent rating service, Egan -Jones Rating Agency, an independent analytic firm, Gimme Credit, Moody's, S&P and Fitch, and Wall Street sources. Ultimate approval of credits is the responsibility of Chief Investment Officer Martin Cassell. 3. Describe the nature and frequency of meetings the firm would recommend to keep staff informed. The purpose of client meetings is fourfold: first, to discuss cash flow, investment objectives and any new client considerations; second, to review economic and market conditions as they relate to the transactions we executed during the report period; third, to preview investment strategy for the upcoming months; and CHANDLER ASSET MANAGEMENT fourth, to present portfolio performance in comparison to selected benchmarks. We propose to meet with City staff on a quarterly or semi-annual basis, as your schedule permits, and we will be pleased to meet with policymakers or the governing body annually or as you deem necessary. We will prepare a special presentation for these meetings, which presents market information, current and proposed investment strategy, portfolio characteristics, and performance. The format is designed to promote discussion between our team and yours. A sample quarterly report is included in Appendix B. 4. Describe expertise and service capabilities that distinguish your firm from others. Chandler is an independent, employee -owned advisory firm. We believe this corporate structure provides unique and significant benefits to our clients. Chandler Asset Management offers the following distinctions to our clients: Expert Staf%all portfolio managers at Chandler have demonstrated their expertise and conurutment to portfolio management by earning the designation of Chartered Financial Analyst (CFA). Disciplined Approach —Chandler employs a proprietary disciplined, quantitatively based process that has achieved a consistent, long-term track record. Repeatable Process ---we believe that our process, proven through market cycles, can continue to provide results that meet our client's goals for return and risk management. Commitment to Customized Solutions —we are willing to apply our disciplined approach and Chandler resources to provide customized investment management services that address each client's own objectives. Client Focus —we are committed to providing a level of service that exceeds your expectations for timely reporting, comprehensive communication, and direct access to the portfolio management staff. We look forward to sharing more with you about how Chandler can deliver the services that the City requires. 13 CHANDLER ASSET MANAGEMENT Chandler Asset Management Proposal IN 1tESPONSF, TO City of National City Investment Management Services • • /4„Ni:A 1111 A.Tb ����� �� � N.0>� //!ll t i t i i e u n a tttl5ll`Vv7 Appendix )4 ( CHANDLER ASSET MANAGEMENT Chandler Asset Management Proposal IN RESPONSE TO City of National City Investment Management Services '!rip 4111d!!11.11 1✓ 1 Appendix A Chandler Team Biographies CHANDLER ASSET MANAGEMENT Chandler Asset Management Professional Team Biographies Kay Chandler, CFA President Kay Chandler is the President of Chandler Asset Management and founded the firm in 1988. Ms. Chandler is responsible for overseeing all aspects of the firm's investment process. She leads client service and communication and is focused on the strategic direction of the firm. Recognized for her expertise, she is frequently asked to speak on topics such as investment policy, portfolio management, and the risk characteristics of fixed income securities. Ms. Chandler served as the investment officer for the County of San Diego from 1975 until 1983 and then in the same position for the Cityof San Diego from 1983 until '1985. As a managing director at Pacific Century Advisers from 1985 until 1988, she handled over $1 billion in fixed - income assets for institutional investors. She is a co-author of The California Public Fund Investment Primer, commissioned by the California State Treasurer and published in 2005. Ms. Chandler received her B.A. from Oberlin College in 1970, and attended graduate school at San Diego State University. She is a member of the CFA Society of San Diego and holds the designation of Chartered Financial Analyst (CFA). She is a member of the Board of Governors of the San Diego Foundation, and serves as a member of the Foundation's Investment Committee. Martin Cassell, CFA Chief Executive and Investment Officer Martin Cassell is the Chief Executive and Investment Officer at Chandler Asset Management and is a principal of the firm. Mr. Cassell is responsible for defining, planning, and directing company programs. He heads implementation of the firm's investment strategies and portfolio risk management. He designed the proprietary quantitative models that drive our investment process, establishing duration, structure, and asset allocation throughout client portfolios. Mr. Cassell joined Chandler Asset Management in 1991 from the City of San Diego where he managed a $1 billion fixed income portfolio. He began his investment career in 1987 managing portfolios at World Savings and Loan. Mr. Cassell received his B.S. in finance from California State University, Hayward. He is a member of the CFA Society of San Diego and holds the designation of Chartered Financial Analyst. He is also a member of the California Association of Joint Powers' Authorities (CAJPA) finance committee. I (, CHANDLER ASSET MANAGEMENT Nicole Dragoo, IACCP Chief Operating and Compliance Officer Nicole Dragoo is the Chief Operating and Compliance officer at Chandler Asset Management. Ms. Dragoo is responsible for regulatory compliance and legal matters and implements and oversees the firm's operational and administrative functions. She also directly oversees the investment operations department, which is responsible for maintaining data integrity, trade settlement, performance calculation, client reporting and portfolio accounting. Prior to joining Chandler in 2001, she served as a trading associate on the institutional fixed income sales desk at Merrill Lynch. Ms. Dragoo earned a B.A. from the University of San Diego in business economics and the J.D. from the University of San Diego School of Law. She is a member of the State Bar of California, the American Bar Association, the San Diego County Bar Association, and the Southern California Compliance Group. Additionally, Ms. Dragoo holds the designation of Investment Adviser Certified Compliance Professional (IACCP). Ted Piorkowski, CFA SVP, Portfolio Manager Ted Piorkowski is a Senior Vice President and Portfolio Manager at Chandler Asset Management. In addition to his duties as a portfolio manager, he oversees daily trading and is responsible for implementing portfolio strategy. Mr. Piorkowski leads the Portfolio Management and Sector Committees. Prior to joining Chandler Asset Management in 1999, Mr. Piorkowski served as a vice president and fund manager for Sefton Capital Management. He was responsible for the management of over $300 million in both mutual fund vehicles and individually managed institutional portfolios. From 1988 through 1994, Mr. Piorkowski managed money market and enhanced money market funds for San Diego Trust and Savings Bank and its successor, San Diego Financial Capital Management. Mr. Piorkowski earned both his B.A. and M.B.A. in finance from San Diego State University. He is a member of the CFA Society of San Diego and holds the designation of Chartered Financial Analyst. A I CHANDLER MANAGEMENT Jayson Schmitt, CFA SVP, Portfolio Manager Jayson Schmitt is a Senior Vice President and Portfolio Manager at Chandler Asset Management He has been instrumental in the development and integration of quantitative analytic tools for the portfolio management process. Prior to joining Chandler Asset Management in 1995, Mr. Schmitt was employed as a financial analyst with USA Federal Credit Union in San Diego, managing a $100 million liquidity book. His responsibilities there also included asset/liability management. Mr. Schmitt earned his B.A. in economics from San Diego State University. He is a member of the CFA Society of San Diego and holds the designation of Chartered Financial Analyst. Brian Perry, CFA VP, Portfolio Manager & Investment Strategist Brian Perry joined Chandler Asset Management in 2005 and currently serves a Portfolio Manager and as the firm's Investment Strategist. Mr. Perry analyzes economic developments, conducts research on financial topics, and helps formulate investment strategy. He was also instrumental in creating a new quantitative corporate credit analysis program and in developing the firm's capital market forecasts and asset allocation models. He serves as the leader of the Interest Rate and Capital Market Expectations Committees. In addition to his investment responsibilities, Mr. Perry is responsible for Chandler's client education activities. He edits the monthly Chandler Bond Market Review, has contributed numerous articles to investment industry publications, and is a frequent speaker at investment conferences and charity events. He has appeared on NBC news to discuss the financial markets and is the author of From Piggybank to Portfolio, an investment guidebook scheduled for publication in summer, 2010. Prior to joining Chandler, Mr. Perry worked as a fixed income trader for an investment bank where he was responsible for trading government, corporate and emerging market securities. Mr. Perry earned a B.S. in finance from Villanova University, an M.B.A. in international business from National University and an M.A. in international affairs from The Fletcher School at Tufts University. He is .a member of the CFA Society of San Diego and holds the designation of Chartered Financial Analyst. CHANDLER ASSET MANAGEMENT Shelly Henbest Credit Analyst Shelly Henbest joined Chandler Asset Management as a Credit Analyst in 2009. She is actively involved in analyzing and assessing the credit suitability of debt issuers and assisting portfolio managers in the portfolio management process. Ms. Henbest is a member of the firm's Credit Committee and is responsible for monitoring developments in the financial markets and providing fundamental economic and investment research. Ms. Henbest brings more than eight years of experience in equity research and financial analysis. Most recently, she was an Associate Analyst at Bear, Stearns & Co. Inc., focusing on the consumer/retail sector. Prior to joining Bear Stearns, Ms. Henbest was an equity research associate at C.L. King & Associates. She began her career at Ford Equity Research in San Diego as a quantitative equity analyst. Ms. Henbest was a three-year member of Institutional Investor magazine's "All -America Research Team," and is a level 2 candidate in the CFA program. Ms. IIenbest earned her B.A. in business economics from the University of California, Santa Barbara. Eric Young Associate, Portfolio Specialist Eric Young joined Chandler Asset Management in 2007 and is currently a Portfolio Specialist assisting the portfolio management team with their daily responsibilities. He provides support in the areas of fixed income trading, economic analysis, and credit selection. He is involved with researching securities valuation and selection, and analyzing specific portfolio information. Prior to joining Chandler Asset Management Mr. Young gained experience as an associate in internal operations with Citigroup Asset Management. Mr. Young earned his B.A. from the University of Connecticut in economics, with a minor in finance and business related studies. CHANDLER ASSET MANAGEMENT Mia Corral Vice President, Client Service Mia Corral is a Vice President of Client Service. Ms. Corral is an active member of CSMFO, CMTA and GFOA. Her focus is on the development of client relationships and on client service. Ms. Corral joined Chandler Asset Management in 2004 and has more than ten years of financial industry experience. Prior to joining Chandler, Ms. Corral was employed at Nicholas Applegate Capital Management for five years, as an institutional client service assistant, then as an assistant marketing manager for the managed accounts division of the firm where she worked on marketing initiatives developing collateral material and product communication pieces. Ms. Corral earned her B.A. in speech communication with an emphasis in business communications from San Diego State University. ,�� AssEr CHANDLER MANAGEMENT Chandler Asset Management Proposal IN RI-?SPONSE TO City of National City Investment Management Services %\10111rEur1rn►1111/8,� ALL CIS'4444% 1 e � it/ `'Jrjrtl'lft I 1 E.E1 \.l •tt {?+ �l�/`fY/fl UR/Ill1 ttti.6\`\:/ Appendix B Sample Monthly Report Sample Quarterly Report Sample GASB 40 Cin I CHANDLER ASSET MANAGEMENT Monthly Account Statement Sample Client June 1, 2010 through June 30, 2010 Chandler Team For questions about your account, please call (800) 317-4747 or Email operations@chandlerasset.com Custodian Bank of America Patty Jeffries 800-331-1630 Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Prices are provided by IDC, an independent pricing source. 6225 Lusk Boulevard 1 San Diego, CA 92121 1 Phone 800.317.4747 Fax 858.5'46 `3741 www chandlerasset.corn:.`:. Sample Client PORTFOLIO CHARACTERISTICS Average Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P Rating Average Final Maturity Average Life 1.97 3.57 % 2.34 % 0.97 % AAA 2.06 yrs 2.06 yrs Portfolio Summary As of 6/30/2010 ACCOUNT SUMMARY 34,849,382 284,294 35,133,676 64,933 33,665,815 34,271,197 34,639,595 35,030,455 297,062 35,327,517 66,630 -13,384 33,613,050 34,307,5£2 34,668,320 SECTOR ALLOCATION MATURITY DISTRIBUTION Money Market Fund F1 (0.4 %) FDIC isured US porate 3.1 %) Agency (52.9 %) ample Client US Corporate (16.0 %) .US 'Treasury (17.6 %) 40% 30% 20% 10% 0.59 % 35.0 % 0-25 .25-.5 .5-1 1-2 2-3 3-4 4.5 5+ Maturity (Yrs) 1.27 % 2.04 % 3.37 % TOP ISSUERS 5.23 % Issuer Government of United States Federal Home Loan Bank Federal National Mortgage Assoc Federal Home Loan Mortgage Corp Federal Farm Credit Bank Tennessee Valley Authority US Bank Corp FDIC Insured JP Morgan FDIC Insured CREDIT QUALITY % Portfolio 17.6 % 12.8 % 12.7 12.5 % 11.1 % 3.8 % 2.5 % 2.5 % 75.5 AAA (66.4 %) A --(5.0 %) TSY _ AA (17.6%) (11.0%) 4.66 % 5.48 % 179.52 % 3 yr Treasury 0.43 % 1.16 % 1.87 % 2.69 % 4.78 % 4.24 % 5.22 % 166.48 % 3 Year Govt/A Rated or better Corporate 0.46 1.03 1.87 % 3.35 4.86 % 4.35% N/A N/A Performance shown above is for demonstration purposes only to provide you with a comprehensive sample of our standard reports. It is not intended as a representation of our performance. Past performance is not indicative of future returns. Performance on our reports is reported gross of investment management fees. Please see composite returns and additional performance related disclosures in the accompanying GIPS compliant oerfpPance presentations. - 3133XCJ38 Security Description FHLB Callable Note 1X 08/10/2006 4.7% Due 8/10/2010 noiuings rceport f 6/30/10 Purchase Date Par Value/Units Book Yield tx2v"b.:4�:hdw§.U��::oTgT�"�pR �'*iba t. tnw>��c smi47 725,000.00 01/05/2007 4.93 % Cost Value Book Value 719.671.25 100.47 724,837.04 0.47 % Market Value % of Port. In..ody ' Term (yrs)`, Accrued Int. Gain/Loss S&P Duration. 728;,398.80 2.10 % 13,346.04 3,561.76 Aaa AAA 0.11 0.11 3133XGLE2 FHLB Note 5.125% Due 9/10/2010 655,000.00 05/25/2010 0.31 % 664,104.50 100.95 661,041.30 0.22 % 661,235.60 10,350.36 1.90 % Aaa 194.30 AAA 0.20 0.19 31331YGP9 FFCB Note 3.75% Due 12/6/2010 525,000.00 02/12/2008 539,105.18 101,50 532,875.00 1.51 % Aaa 0.44 2.74 % 527,182.78 0.28 % 1,367.19 5,692.22 AAA 0.43 880591DN9 Tennessee Valley Authority Note 5.625% Due 1/18/2011 500,000.00 12/27/2007 524,575.00 102.87 514,361.00 1.49 % Aaa 0.55 3.90 % 504,422.18 0.39 % 12,734.38 9,938.82 AAA 0.54 31331VSK3 FFCB Note 4.875% Due 2/18/2011 3137EABF5 FHLMC Note 3.25% Due 2/25/2011 650,000.00 04/22/2008 684,187.40 102.81 668,281.25 1.92 % Aaa 0.64 2.92 % 657,692.99 0.42 % 11,706.77 10,588.26 AAA 0.62 750,000.00 11/05/2008 755,187.75 101.75 763,125.00 2.18 % Aaa 2.93 % 751,481.33 0.56 % 8,531.25 11.643.67 AAA 0.66 0.64 3133XENX3 FHLB Note 4.875% Due 3/11/2011 500,000.00 02/12/2007 496,305.00 103.09 515,469.00 1.48 % Aaa 5.08 % 499,370.48 0.43 % 7,447.92 16,098.52 AAA 0.70 0.68 31331YG46 FFCB Note 2.625% Due 4/21/2011 775,000.00 Various 2.68 % 769,872.50 774,726.95 101.78 788,805.07 0.41 % 3,955.74 2.24 % Aaa 14,078.12 AAA 0.81 0.80 3133XFJY3 FHLB Note 5.25% Due 6/10/2011 475,000.00 09/17/2007 485,136.50 104.34 4951,633.05 1.41 % Aaa 0.95 4.62 % 477,562.05 0.63 % 1,454.69 18,071.00 AAA 0.93 31331VJ80 FFCB Note 5.375% Due 7/18/2011 580,000.00 Various 2.42 626,076.69 597,198.17 105.13 609,725.00 0.48 % 14,115.35 1.77 % Aaa 12,526.83 AAA 1.05 1.01 5 31331Y3P3 FFCB Note 3.5% Due 10/3/2011 675,000.00 Various 0.80 % 702,917.68 697,741.74 103.69 699,890.63 0.55 % 5,775.00 2.00 % Aaa 2,148.89 AAA 1.26 1.23 31359MLS0 1 ,j359M5H2 FNMA Note 5.375% Due 11/15/2011 550,000.00 02/24/2009 601,718.70 106.56 586,093.75 1.67 % Aaa 1.38 1.82 % 576,145.81 0.58 % 3,777.43 9,947.94 AAA 1.33 FNMA Note 5% Due 2/16/2012 500,000.00 Various 544,783.50 106.97 534,844.00 1.54 % Aaa 1.63 1.71 % 526,018.97 0.69 % 9,375.00 8,825.03 AAA 1.55 3137EAARO FHLMC Note 4.75% Due 3/5/2012 620,000.00 Various 656,781.58 106.84 662,431.56 1.90 % Aaa 1.68 2.74 % 639,891.28 0.65 % 9,489.45 22,540.28 AAA 1.61 3133XTAW6 FHLB Note 2.25% Due 4/13/2012 665,000.00 05/08/2009 672,913.50 102:75 683,287.50 1.94 % Aaa 1.79 1.83 % 669,831.09 0.70 % 3,241.88 13,456.41 AAA 1.75 31398AWK4 FNMA Note 1.875% Due 4/20/2012 675,000.00 05/08/2009 675,905.85 102.09 689,133.15 1.96 % Aaa 1.81 1.83 % 675,555.31 0.71 % 2,496.09 13,577.84 AAA 1.77 3133XTS49 FHLB Note 1.875% Due 6/20/2012 685,000.00 Various 685,990.56 102.19 699,984.38 1.98 % Aaa 1.98 1.75 % 686,616.38 0.76 % 392.45 13,368.00 AAA 1.94 31331X3S9 FFCB Note 4.5% Due 10/17/2012 550,000.00 06/03/2008 564,888.50 108.16 594,859.65 1.70 % Aaa 3.82 % 557,831.63 0.90 % 5,087.50 37,028.02 AAA 2.30 2.18 39359MQV8 FNMA Callable Note 1X 02/21/2006 4.75% Due 2/21/2013 550,000.00 10/26/2009 597,423.20 109,56 602,593.75 1.73 % Aaa 2.65 2.05 % 587,766.54 1.07 % 9!434.03 14,827.21 AAA 2.47 880591CWO Tennessee Valley Authority Note 6% Due3/15/2013 700,000.00 06/29/2010 791,924.00 112.91 790352.50 2.27 % Aaa 2.71 1.07 % 791,831.05 1.15 % 12J366.67 (1,478.55) AAA 2.50 Chandler Asset Management - CONFIDENTIAL Page 2 Execution Time: 7/2/2010 10:46:45 AM eat 1 Sample Client Transaction Ledger 5/31/10 Thru 6/30/10 ransaction YPe Settlement Date CUSIP -_y: `�„a.Y, i,`C, •+�iaxr:��aa .rr.a1Y"r. • Quantity Security Description Acq/Disp Interest Price Yield Amount PurlSold �4.* y�i � 'i�J �R,1 �f �`���'`-r Total Amount Gain/Loss 'urchase 'urchase 'urchase 'urchase 'urchase 'urchase 'urchase 'urchase 'urchase 'urchase 'urchase 'urchase 06/06/2010 097101802 06/09/2010 097101802 06/10/2010 097101802 06/15/2010 097101802 06/15/2010 097101802 06/16/2010 097101802 06/17/2010 097101802 06/20/2010 097101802 06/21/2010 097101802 06/23/2010 097101802 06/26/2010 097101802 06/28/2010 09247XAF8 'urchase ' 06/28/2010 713448BG2 'urchase 06/29/2010 617446HR3 'urchase 06/30/2010 097101802 'urchase 06/30/2010 880591CW0 Subtotal security 06/21/2010 097101802 :ontribution Subtotal 9,843.75 9,000.00 12,468.75 30,787.50 550,000.00 9,531.25 850,000.00 6,421.88 3,984.38 5,015.00 9,031.25 350,000.00 Columbia Trsy Reserve Trust Class 272 Columbia Trsy Reserve Trust Class 272 Columbia Trsy Reserve Trust Class 272 Columbia Trsy Reserve Trust Class 272 Columbia Trsy Reserve Trust Class 272 Columbia Trsy Reserve Trust Class 272 Columbia Trsy Reserve Trust Class 272 Columbia Trsy Reserve Trust Class 272 Columbia Trsy Reserve Trust Class 272 Columbia Trsy Reserve Trust Class 272 Columbia Trsy Reserve Trust Class 272 Blackrock Inc Note 2.25% Due 12/10/2012 325,000.00 Pepsico Inc. Note 4.65% Due 2/15/2013 335,000.00 Morgan Stanley Note 5.3% Due 3/1/2013 5,625.00 Columbia Trsy Reserve Trust Class 272 700,000.00 Tennessee Valley Authority Note 6% Due 3/15/2013 3,211,708.76 1.000 9,843.75 0.00 1.000 9,000.00 0.00 1.000 12,468.75 0.00 1.000 30,787.50 0.00 1.000 550,000.00 0.00 1.000 9,531.25 0.00 1.000 850,000.00 0.00 1.000 6,421.88 0.00 1.000 3,984.38 0,00 1.000 5,015.00 0.00 1.000 9,031.25 0.00 102.191 1.34 % 357,668.50 393,75 108.399 1.39 % 352,296.75 5,583.23 357,879.98 0.00 9,843.75 9,000.00 12,468.75 30,787.50 550,000.00 9,531.25 850,000.00 6,421.88 3,984.38 5,015.00 9,031.25 358,062.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 104.232 3.62 % 349,177.20 5,819.69 354,996.89 0.00 1.000 113.132 1.07 % 250.00 Columbia Trsy Reserve Trust Class 272 1.000 250.00 5,625.00 0.00 791,924.00 12,250.00 3,352,775.21 24, 046.67 250.00 0.00 250.00 5,625.00 804,174.00 0.00 0.00 3,376,821.88 0.00 250.00 0.00 0.00 250.00 0.00 'OTAL ACQUISITIONS 3,211,958.76 3,353,025.21 24,046.67 3,377,071.88 0.00 ;ale ;ale ;ale 06/28/2010 097101802 06/29/2010 097101802 06/29/2010 38141GCG7 715,942.23 Columbia Trsy Reserve Trust Class 272 20,973.96 Columbia Trsy Reserve Trust Class 272 310,000.00 Goldman Sachs Group Inc Note 5.7% Due 9/1/2012 1.000 1.000 105.881 2.89 % 715,942.23 20,973.96 328,231.10 0.00 0.00 5,791.83 715,942.23 20, 973.96 334,022.93 0.00 0.00 -4,093.08 , J, • nn.,rinr.,r,n, .....r..., ...1.,.,. VASS CUSIP Security Description 06052AAA9 Bank of America Corp FDIC Guaranteed Note 1.7% Due 12/23/2010 1111:VIlle CdruueU 5/3' tru 6/30/10 Trade Date - - - Value: Begin 'Prior Accrued Accr: Of Discount*. Settle Date Book Value: Acq ' Inc. Received Amort. Of Premium Units Book Value: Disp Ending Accrued Net Accret/Amort Book Value: End ,, rTotai Interest Income Earned 12/19/2008 12/23/2008 590,000.00 590,000.00 0.00 0.00 590,000.00 4,402.06 5,015.00 222.89 835.83 0,00 0.00 0.00 835.83 0.00 835.83 06406HBE8 Bank of New York Note 4.95% Due 11/01/2012 05/18/2010 05/21/2010 490,000.00 530, 813.84 0.00 0.00 529,428.75 2,021.25 0.00 4,042.50 2,021.25 0.00 1,385.09 (1,385.09) 636.16 0.00 636.16 084670AS7 09247XAF8 Berkshire Hathaway Note 4.75% Due 05/15/2012 Blackrock Inc Note 2.25% Due 12/10/2012 533,930,74 1,076.67 0.00 07/29/2009 0.00 0.00 1,005.50 08/03/2009 0,00 3,095.42 (1,005.50) 510,000.00 532,925.24 2,018.75 1,013.25 0.00 0.00 0.00 06/23/2010 357,668.50 (393.75) 25.68 06/28/2010 0.00 459.38 (25.68) 350,000.00 357,642.82 65.63 39.95 0,00 1,013.25 0.00 39.95 166751AK3 ChevronTexaco Corp Note 3.45% Due 03/03/2012 31331VJ80 FFCB Note 5.375% Due 07/18/2011 `"6�331VSK3 FFCB Note 4.875% Due 02/18/2011 502,941.55 4,132,33 0.00 07/08/2009 0.00 0.00 605.69 07/13/2009 0.00 5,541.08 (605.69) 490,000.00 502,335.86 1,408.75 803.06 598,548.82 11,517.43 0.00 Various 0.00 0.00 1,350.65 Various 0.00 14,115.35 (1,350.65) 580,000.00 597,198.17 2,597.92 1,247.27 658,687,78 9,066.15 0.00 04/22/2008 0.00 0.00 994.79 04/23/2008 0.00 11,708.77 (994.79) 650,000.00 657,692.99 2,640.62 1,645.83 0.00 803.06 0.00 1,247.27 0.00 1,645.83 31331X3S9 FFCB Note 4.5% Due 10/17/2012 558,111.67 3,025.00 0.00 06/03/2008 0.00 0.00 280.04 06/05/2008 0.00 5,087.50 (280.04) 550, 000.00 557,831.63 2,062.50 1,782.46 0.00 1,782.46 31331Y3P3 FFCB Note 3.5% Due 10/03/2011 699,228.13 3,806.25 0.00 Various 0.00 0.00 1,486.39 Various 0.00 5,775.00 (1,486.39) 675, 000.00 697, 741.74 1,968.75 482.36 0.00 482.36 31331YG46 FFCB Note 2.625% Due 04/21/2011 774,699.09 2,260.42 346.81 Various 0.00 0.00 318.95 Various 0.00 3,955.74 27.86 775,000.00 774,726.95 1,695.32 1,723.18 0.00 1,723.18 Chandler Asset Management - CONFIDENTIAL Page 9 Execution Time: 7/2/2010 10:46 45 AM j 311 Sample Client Cash Flow Report From 06/30/2010 Transaction Payment Date Type CUSIP Quantity Security Description Principal Amount Income Total Amount 07/07/2010 Interest 07/18/2010 Interest 07/18/2010 Interest 07/28/2010 Interest 07/31/2010 Interest 07/31/2010 Interest 07/31/2010 Interest 3137EABX6 31331VJ80 770,000.00 FHLMC Note 2.5% Due 1/7/2014 580,000.00 FFCB Note 5.375% Due 7/18/2011 880591 DN9 500,000.00 Tennessee Valley. Authority Note 5.625% Due 1/18/2011 3137EACD9 700,000.00 FHLMC Note 3% Due 7/28/2014 912828JZ4 800,000.00 US Treasury Note 1.75% Due 1/31/2014 949746NY3 330,000.00 Wells Fargo Company Note 4.375% Due 1/31/2013 912828FN5 695,000.00 US Treasury Note 4.875% Due 7/31/2011 0.00 0.00 0.00 0.00 0.00 0.00 0.00 9.625.00 15, 587.50 14, 062, 50 10,500.00 7,000.00 7,218.75 16,940.63 9,625.00 15,587.50 14,062.50 10, 500.00 7,000,00 7,218.75 16,940.63 Jul2010 0.00 80,934.38 80,934.38 08/01/2010 Interest 78367GAH6 310,000.00 SBC Communications Note 0.00 9,106.25 9,106.25 5.875% Due 2/1/2012 08/05/2010 Interest 31398AVD1 625,000.00 FNMA Note 0.00 8,593.75 8,593.75 2.75% Due 2/5/2014 ) 08/10/2010 Maturity 3133XCJ38 725,000.00 FHLB Callable Note 1X 08/10/2006 725,000.00 17,037.50 742,037.50 1 4.7% Due 8/10/2010 08/13/2010 Interest 36962G4E1 535,000.00 General Electric Capital Corp Note 0.00 9,362.50 9,362.50 3.5% Due 8/13/2012 7:7VJ 1 08/15/2010 Interest 713448BG2 325,000.00 Pepsico Inc. Note 0.00 7,556.25 7,556.25 i 4.65% Due 2/15/2013 08/16/2010 Interest 31359M5H2 500,000.00 FNMA Note 0.00 12,500.00 12,500.00 5% Due 2/16/2012 08/18/2010 Interest 31331VSK3 650,000.00 FFCB Note 0.00 15,843.75 15,843.75 4.875% Due 2/18/2011 08/21/2010 Interest 31359MQV8 550,000.00 FNMA Callable Note 1X 02/21/2006 0.00 13,062.50 13,062.50 4.75% Due 2/21/2013 08/25/2010 Interest 3137EABF5 750,000.00 FHLMC Note 0.00 12,187.50 12,187.50 3.25% Due 2/25/2011 Aug 2010 09/01/2010 Interest •09/03/2010 : Interest 617446HR3 335,000.00 Morgan Stanley Note 5.3% Due 3/1/2013 166751AK3 490,000.00 ChevronTexaco Corp Note 3.45% Due • 3/3/2012 725,000.00 105,250.00 830,250.00 0.00 8,877.50 8,877.50 0.00 8,452.50 8,452.50 Sep 201:0 655,000.00 123,708.13 778,708.13 CA% Sample Client June 30, 2010 COMPLIANCE WITH INVESTMENT•POLICY Assets managed by Chandler Asset Management are in full compliance with State law and with the Client's investment policy. , :,� }�w •'Yr�, 0. iYN M y. /sf 9 ,, J4 tdYl."e_E L r, Y ,..x . V . Treasury/Agency issues No Limit Complies Banker's Acceptances A1/P1; 530%; 180 days Complies Commercial Paper Al/P1; 510% per issuer Complies Max. maturity< 270 days 25% maximum Complies Repurchase Agreements 530 days Complies Rev. Repo Agreements 530 days; 510% Complies Negotiable CDs 30%; Al/Pi; 1 year; 510% per issuer; US banks w/ $1 billion in assets Complies Time CDs Collateralized/insured Complies Medium Term Notes A -rated; 4-year max. maturity; 30% maximum Complies Mortgage Pass Thrus 20% combined with asset -backed Complies Asset -backed securities AAA; 55 years; 20% combined with mortgage pass-thrus Complies LAIF Not used by outside adviser. Complies OCIP; LA County Pool Not used by outside adviser. Complies Inverse floaters, range notes Prohibited Complies Interest only strips Prohibited Complies Zero interest accruals Prohibited Complies Maximum maturity 5 years Complies CM ( CHANDLER ASSET MANAGEMENT Investment Report Sample Client Period Ending March 31, 2010 • 6225 Lusk Blvd San Diego CA 92121 Phone 800.317.4747{i;{ fax '8585463741 wwwthandlerasset.coh TABLE OF CONTENTS SECTION 1 SECTION 2 SECTION 3 Economic Update Account Profile Portfolio Holdings SECTION 1 ECONOMIC UPDATE at ECONOMIC UPDATE The severe global recession appears to have ended. While unemployment remains high, manufacturing activity is picking up, and the combined effect of massive fiscal and monetary stimulus has helped to ease credit conditions. Market participants are now focusing on the strength and durability of a potential economic recovery and possible structural changes in the global economy arising from the financial crisis. The Federal Reserve kept the federal funds rate at a target range of 0.00% to 0.25% at its March 16th meeting. The Fed noted that, "the labor market is stabilizing" and that some business spending "has risen signifi.cantly." Nevertheless, the Fed still expects that, conditions "are likely to warrant exceptionally low levels of the federal funds rate for an extended period." The next regularly scheduled FOMC meeting is April 28th, 2010. ■ The yield curve remains very steepas longer -term rates are much higher than shorter -term rates. EMPLOYMENT 400 200 0 -200 co o -400 -600 -800 -1000 Non -farm Payroll (000's) CO CO 0 CO CO CO o 0 0 0 0 0 0 0 • T Source: Bloomberg 12 10 8 b 6 0 0 4 2 0 Unemployment Rate 0o co ao oa rn m rn rn O O O O O O O O O • O O O O The March employment report showed that the economy gained 162,000 jobs and the previous two months' reports were revised upwards. Taken together, the first quarter of 2010 showed the first quarterly increase in employment since Q4 2007. The unemployment rate remained at 9.7% for the third consecutive month. Although overall employment remains weak, it does appear that the labor market is gradually stabilizing. The trend in the unemployment rate is likely to be the key to the strength and durability of the economic recovery. CMI. CONSUMER Percent (%) 10.0 5.0 0.0 -5.0 -10.0 -15.0 Retail Sales Y-O-Y % Change co co co co rn C rn rn rn rn o 0 0 0 0 0 0 0 0 0 0 0 0 Source: Bloomberg Single-family housing starts declined 0.6% in February to 499,000. Recent data indicates a housing market that has stabilized, but remains weak. In March, Retail Sales rose 7.6% on a year -over -year basis. Consumer spending appears to have rebounded from the depths of the recession, but has not yet reached the heights of the previous economic expansion. Consumers remain somewhat cautious due to job losses, home price declines, and a general tightening of credit standards. MANUFACTURING 60 55 50 45 40 35 30 Institute of Supply Management Purchasing ManagerIndex 00 0o ao co 0 o o 0 in ti a> CO 0 0 0 0 0 Cr) T. 0 Expanding Contracting Source: Bloomberg During March, the ISM Manufacturing Index increased to 59.6 from 56.5 in February. ISM readings below 50 indicate that the manufacturing sector of the economy is contracting; readings above 50 indicate that the manufacturing sector is in an expansionary phase. With the ISM index above 50 for the eighth consecutive month, the manufacturing sector has entered an expansionary phase, Cal MANUFACTURING 82 80 78 76 74 72 v 70 L a 68 66 64 62 Capacity Utilization ao co co co co co 0) 0) rn rn rn CD o 0 0 0 0 0 0 0 0 0 0 0 0 a a a a a a N r Source: Bloomberg Capacity Utilization, which is production divided by capacity, increased to 72.7% in February from 72.5% in January. Despite recent increases, current capacity utilization readings represent extreme lows and are one factor cited by economists who believe inflation will not significantly increase in the near future. I INFLATION Source: Bloomberg 3.0 2,5 2.0 a 1.0 0.5 0.0 Core CPI Y-O-Y % Change o o o 0 M h `n rn 0 rn 0 0 0 r T 0 0 0 0 ti rn M In March, the CPI showed that consumer prices increased 2.3% on a year -over -year basis. The year -over -year Core CPI (CPI less food and energy) increased at a 1.1 % rate. Tame inflation readings reduce the pressure on the Fed to aggressively reverse their historically easy monetary policy. Despite a strengthening economy and an increased money supply, many economists believe that inflation will remain moderate over the next 12 months. AJ }C7 �I GDP 8.0 6.0 4.0 0 2.0 -4.0 -6.0 -8.0 GDP Qtrly % Change I I 8 CO co N n r- ti CO CO ao CO a Cr) Cr) CD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 fD �N M (0O1 C� M (D 6-5N M CO 6) N T T T T Source: Bloomberg The final reading for Q4 2009 Gross Domestic Product (GDP) reported that the economy grew at a revised annual rate of 5.6%. This was a significant improvement from the Q3 2009 reading of 2.2% and represented the second consecutive quarter of positive GDP growth. Many market participants believe that economic growth will continue, but uncertainty remains as to the durability of the economic recovery.t Possible positive factors that might contribute to future GDP growth include inventory replenishment by businesses, continued fiscal and monetary stimulus, and pent up consumer demand. ci INTEREST RATES Yield on the Two -Year Note March 2008 through March 2010 3.00% 2.50% 2.00% 1.50% 1.00% 0.50% 0.00% I 1 I ) 1 1 0o ao °o 0o a m °o co 00 m m rn rn 0 rn w rn rn 0 rn a rn rn 4 9 4 4 �? 4 4 4 4 4 4 4 4 9 9 4 4 4 4 4 4 4 m e a n -)= ) o aa) co m 0 n m �' a�i - 0 a) lL Q 2 -, Q Q, 0 2 0 LTg Q -, Q CA o Z Source: Bloomberg The yield on the two-year note moved higher in March as market participants focused upon stronger economic data and continued record -high issuance of Treasury securities. at YIELD CURVES December 31, 2009 and March 31, 2010 5.00 4.50 4.00 3.50 3.00 d 2.50 U m 2.00 a 1.50 1.00 0.50 0.00 —12/31/09 —3/31/10 } CO 0 0 Source: Bloomberg Over the last three months, interest rates have fluctuated widely but currently stand near yearend levels. The yield curve remains steep as the yield on longer -term Treasuries is much higher than the yie10 on shorter -term Treasuries. SECTION 2 ACCOUNT PROFILE OPIEMENIUMI a ki k OBJECTIVES Investment Objectives The investment objectives of the Sample Client are first, to preserve principal in the overall portfolio; second, to provide liquidity; and third, to earn a market rate of return. Chandler Asset Management. Performance Objectives Strategy The performance objective for the Sample Client is to achieve an annual total return on its portfolio which exceeds the return on a market index of one -to -five year government securities. In order to achieve its objective, we invest the Sample Client's funds in high -quality money market instruments, short term government securities, and AA or higher rated corporate medium term notes with a maximum maturity of five years. Cr- COMPLIANCE Sample Client March 31, 2010 COMPLIANCE WITH INVESTMENT POLICY Assets managed by Chandler Asset Management are in full compliance Wth State lawand Wth the City's investment policy. U.S. Treasury Issues No limitations Complies Government Agencies 75% maximum Complies Banker's Acceptances <180 days; 20% maximum Complies Commercial Paper A-1 and P-1; <270 days; 25% maximum; 10% Complies per issuer Medium Term Notes A2/A rated or better; 30% maximum; 5% per Complies issuer; no limit for investment adviser Money Market Funds AAA/Aaa rated; 20% maximum; 10% per fund Complies Repurchase Agreements Not used by investment adviser Complies LAIF Not used by investment adviser Complies Maximum maturity 5 years Complies alk I ACCOUNT PROFILE PORTFOLIO CHARACTERISTICS Sample Client 3/31 /2010 12/31 /09 Benchmark* Portfolio Portfolio Average Maturity (yrs) 2.54 2.66 2.61 Modified Duration 2.39 2.49 2.45 Average Book Yield n/a 3.28% 3.43% Average Market Yield 1.37% 1.65% 1.69% Average Quality AAA AAA AAA Total Market Value 189,986,865 189,759,638 * 1-5 yr Govt During the last three months, portfolio activity included the net withdrawal of $1.83 million and other activity included a series of rebalancing transactions in order to maintain the desired portfolio's structure and duration target. Newly purchased securities included Treasury, Agency, Corporate, and FDIC Insured Corporates with maturities ranging from March 2012 through February 2015. We continued to emphasize longer Agency and Corporate bond holdings to benefit from the financial market recovery. SECTOR DISTRIBUTION Agency 42.4% March 31, 2010 FDIC Insured US Corporate 21.8% US Corporate 18.5% US Treasury 17.3% Agency 48.8% December 31, 2009 FDIC Insured US Corporate 21.6% US Corporate 10.9% US Treasury 18.7% The portfolio sector allocation has changed moderately as we increased our holdings in Corporates by 7.6% and decreased our holdings in Agencies and Treasuries by 6.4% and 1.4%, respectively. at QUALITY DISTRIBUTION 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% Sample Client March 31, 2010 vs. December 31, 2009 US Treasury AAA AA A ■ 3/31/10 ■ 12/31/09 <A NR US Treasury AAA AA A <A NR 3/31/10 17.3% 64.2% 11.5% 7.0% 0.0% 0.0% 12/31/09 18.7% 70.4% 6.9% 4:0% 0.0% 0.0% Source: S&P Ratings criLl DURATION DISTRIBUTIO_ Sample Client Portfolio Compared to the Benchmark as of March 31, 2010 45.0% 40.0% 35.0% 30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% Aim 0-0.25 0.25-0.5 0.5-1 1-2 2-3 3-4 • Portfolio • Benchmark* 4-5 5+ 0-0.25 .0.25-0.5 0.5-1 1 -2 2-3 3-4 4-5 5+ Portfolio 2.7% 0.9% 4.2% 20.8% 39.2% 25.5% 6.7% 0.0% Benchmark* 1.7% 1.0% 2.3% 35.7% 28.2% 18.9% 12.1% 0.0% * 1-5 yr Govt In order to take advantage of the historically steep yield curve, we have positioned the portfolio duration to be slightly longer than that of the Sample Client's 1-5 Year Government benchmark. cis INVESTMENT PERFORMANCE 7.00`/0 6.00% 5.00% 4.00% 3.00% 2.00% 1.00% 0.00% 12 months 2 years Sample Client Period Ending March 31, 2010 Total Rate of Return Annualized Since Inception July 31, 2006 3 years • Sample Client 5 years ■ 1-5 yr Govt 10 Years Since Inception Sample Client 1-5 yr Government 3 months 1.09% Annualized 12 months 2 years 3 years 5 years 10 Years Since Inception 3.62% 4.31% 5.83% N/A 0.89% 1.65% 3.27% 5.46% N/A, N/A N/A 5.88% 5.55% Total rate of return: A measure of a portfolio's performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings; realized. and unrealized gains and losses in the portfolio. SECTION 3 PORTFOLIO HOLDINGS ISSUERS Sample Client As of March 31, 2010 Issue Name Government of United States Federal Home Loan Mortgage Corp Federal National Mortgage Association Federal Farm Credit Bank Federal Home Loan Bank Tennessee Valley Authority JP Morgan FDIC Insured General Electric Co FDIC Insured Goldman Sachs FDIC Insured PNCFunding FDIC Insured US Bank Corp FDIC Insured Wells Fargo Corp FDIC Insured Bank of America Corp FDIC Insured Wal-Mart Stores General Electric Co ChevronTexaco Corp Bank of New York Berkshire Hathaway JP Morgan Chase & Co Goldman Sachs Inc. Hewlett-Packard Corp Procter & Gamble Company Wells Fargo Corp IBM Corp Northern Trust Corp AT&T Corporation General Dynamics Corp Pfizer Inc. ConocoPhillips Investment Type US Treasury Agency Agency Agency Agency Agency FDIC Insured US Corporate FDIC Insured US Corporate FDIC Insured US Corporate FDIC Insured US Corporate FDIC Insured US Corporate FDIC Insured US Corporate FDIC Insured US Corporate US Corporate US Corporate US Corporate US Corporate US Corporate US Corporate US Corporate US Corporate US Corporate US Corporate US Corporate US Corporate US Corporate US Corporate US Corporate US Corporate % Portfolio 17.29% 10.95% 10.61% 8.52% 7.70% 4.65% 3.19% 3.14% 3.12% 3.10% 3.09% 3.08% 3.03% 1.87% 1.60% 1.47% 1.40% 1.27% 1.09% 1.08% 1.03% li 1.02% 1.00% 1.00% 0.99% 0.98% 0.94% 0.93% 1 0.86% Total 100.00% �� 31331VSK3 VOI Ut.10 VIM", ount #10001 Security Description FFCB Note 4.875% Due 2/18/2011 r7Vlulilyb F'. JVl L 3/31/10 Purchase Date Cost Value Par Value/Units Book Yield Book Value 1,900, 000.00 12/12/2007 1, 960, 832.30 3.80 % 1,960,832.30 103.78 0.56 % Market Value Accrued Int. .'tY ryYYk�jr 1, 971, 844.70 11,063.54 1.04 % 11,012.40 Aaa AAA 0.89 0.87 3133XECU1 FHLB Note 4.625% Due 2/18/2011 3,160,000.00 04/03/2008 3,324,898.28 2.72 % 3,324,898.28 31359MHK2 FNMA Note 5.5% Due 3/15/2011 31331VJ80 FFCB Note 5,375% Due 7/18/2011 2,500,000.00 12/13/2007 2,620,855.00 3.90 % 2,620,855.00 4,500,000.00 Various 4,516,510.50 5.27 % 4,516,510.50 103.56 3,272,575.00 1.73 % Aaa 0.56 % 17,456.81 (52,323.28) AAA 104.69 2,617,�j87.50 1.38 % Aaa 0.57 % 6,111.11 (3,667.50) AAA 0.89 0.87 0.96 0.94 105.97 4,768,596.00 2.54 % Aaa 1,30 0.74 % 49.946.88 252,085.50 AAA 1.26 31359MZ30 FNMA Note 5% Due 10/15/2011 31359MLS0 FNMA Note 5.375% Due 11/15/2011 2,100,000.00 01/09/2008 2,205,705.60 3.56 % 2,205,705.60 2,425,000.00 12/12/2007 2,552,719.90 3.91 % 2,552,719.90 106.25 0.90 % 107.09 0.96 % 2, 231, 250.00 48,416.67 2,597„924.65 49,240.97 1.20 % Aaa 25,544.40 AAA 1.39 % Aaa 44,304.7.5 AAA 1.54 1,46 1.63 1.54 3134A4JT2 FHLMC Note 5.75% Due 1/15/2012 2,300,000.00 10/04/2007 2,402,198.20 4.59 % 2,402,198.20 108.19 1.11 % 2,488,312.50 27,919.44 1.32 % Aaa 86,114,30 AAA 1.79 1.70 3137EAARO FHLMC Note 4.75% Due 3/5/2012 3,000,000.00 03/06/2008 3,154,463.00 3.27 % 3,164,463.00 106.88 1,13 % 3,206,250.00 10, 291.67 1.69 % Aaa 41,787.00 AAA 1.93 1.85 31398ABX9 FNMA Note 4.875% Due 5/18/2012 1,525,000.00 03/06/2008 1,616,718.08 3.33 % 1,516,718.08 107.53 1,639,852.33 0.88 % Aaa 2.13 1.28 % 27,465.89 23,134.25 AAA 2.01 880591 DT6 Tennessee Valley Authority Note 6.79% Due 5/23/2012 2,350,000.00 06/12/2008 2,555,225.50 4.35 % 2,555,225.50 111.47 1.35 % 2,619,448.65 56,1734.22 1.41 % Aaa 64,223.15 AAA 2.15 1.98 3134A4QD9 FHLMC Note 5.125% Due.7115/2012 1,250,000.00 07/12/2007 1,235,603.75 5.39 % 1,235,603.75 108.47 1,355,860.00 0.72 % Aaa 2.29 1.35 % 13,524.31 120,256.25 AAA 2.16 3133XML66 FHLB Note 4.625% Due 10/10/2012 3,000,000.00 03/06/2008 3,152,538.00 3.42 % 3,152,538.00 107.81 3,234,675,00 1.74 % Aaa 2.53 1.46 % 65,906.25 81,837.00 ,AAA 2.35 31331X3S9 FFCB Note 4.5% Due 10/17/2012 4,250,000,00 Various 4,438,295,25 3.45 % 4,438,295.25 107.28 1.57 % 4,559,455.25 87, 25.00 2.45 % Aaa 121,160.00 AAA 2.55 2.37 880591C1N0 Tennessee Valley Authority Note `� 6% Due 3/15/2013 3133XQU34 FHLB Note 3.625%. Due 5/29/2013 2,600,000.00 Various 2,826,993.00 3.88 % 2,826,993.00 3,500,000.00 06/04/2008 3,451,822.50 3.93 % 3,451,822.50 112.20 2,917,i 22.00 1.54 % Aaa 2.96 1.75 % 6,933.34 90,129.00 AAA 2.74 105.75- 3,701,250.00 1.97 % Aaa 3.16 1.75 % 42,1996.53 249,427.50 AAA 2.96 31339X2M5 FHLB Note 3.875% Due 6/14/2013 2,000,000.00 08/05/2008 1,978,320.00 4.12 % 1,978,320.00 106.06 2,121,250.00 1.13 °% Aaa 3.21 1.91 % 23,034.72 142,930.00 AAA 2.99 3137EABMO FHLMC Note 3.75% Due 6/28/2013 3,000,000.00 Various 2,966,425.50 4.00 % 2,966,425.50 105.80. 3,173,904.00 1.69 % Aaa 3.25 1.90 % 29,,062.50 207,478.50 AAA 3.03 31398ASD5 FNMA Note 3.875% Due 7/12/2013 4,250,000.00 11/05/2008 4,290,859.50 3.65 % 4,290,859.50 106.47 1.83 % 4,524,924.00 36,1.4 39.76 2.40 % Aaa 234,064.50 AAA 3.28 3.07 3134A4TZ7 FHLMC Note 4.5% Due 7/15/2013 880591 DW9- Tennessee Valley Authority Note 4.75% Due 8/1/2013 4,250,000.00 11/05/2008 4,399,302.50 108.16 4,596,642.75 2.44 % Aaa 3.29 3.68 % 4,399,302.50 1.93 % 40,i375.00 197,340.25 AAA 3.05 2,950,000.00 Various 3,059,586.00 108.66 3,205,1 49.05 1.70 % Aaa 3.34 3.90 % 3,059,586.00 2.05 %, 2354.17 145,763.05 AAA 3.08 Chandler. Asset Management - CONFIDENTIAL Execution Time: 5/7/2010 9:57:00 AM Sample Client Account #10001 Holdings Report As of 3/31/10 SIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM E. Market Value % of Port. Accrued Int. Gain/Loss Moody I"rerm (yrs) S&P ' Duration 33XSAE8 FHLB Note 3.625% Due 10/18/2013 2,000,000.00 11/10/2009 2.10 % 2,114,118.00 2,114,118.00 105.63 1.98 % 2,112, e00.00 32,B 6.39 1.13 % (1,618.00) Aa a AAA 3.55 3.28 398AUJ9 FNMA Note 2.875% Due 12/11/2013 2,250,000.00 02/04/2009 2.68 % 2,269,489.50 2,269,489.50 102.53 2.16 % 2,306,04.25 19,765.63 1,22 % 37,464.75 Aaa AAA 3.70 3.47 37EABX6 FHLMC Note 2.5% Due 1/7/2014 4,250,000.00 02/25/2009 2.75 % 4,202,459.50 4,202,459.50 101.16 2.18 % 4,299,270.25 24, 791.67 2.28 96, 810.75 Aaa AAA 3.78 3.56 398AXJ6 FNMA Note 2.5% Due 5/15/2014 4,000,000.00 08/04/2009 2.88 % 3,932,956.00 3,932,956.00 100.56 2.36 % 4,022,500.00 37,7R7.78 2.14 % 89,544.00 Aaa AAA 4.13 3.86 37EACD9 FHLMC Note 3% Due 7/28/2014 1,500,000.00 10/09/2009 2.54 % 1,530,936.00 1,530,936.00 102.22 2.46 % 1,533,02.00 7,87 5.00 0.81 % 2,346.00 Aaa AAA 4.33 4,02 331GL80 FFCB Note 3% Due 9/22/2014 4,675,000.00 Various 2.48 % 4,783,432.70 4,783,432.70 101.50 2.64 % 4,745,125.00 3,606.25 2.50 % (38,307.70) Aaa AAA 4.48 4,17 160HAA5 US Bancorp FDIC Guaranteed Note 2.25% Due 3/13/2012 75,485,000.00 5,750,000.00 3.56 % 2.25 % 77,553,264.06 77,553,264.06 5,749,310.00 5,749,310.00 1.60 101.89 1.26 % 79,822,•04.88 798,741.50 5,858,9'10.75 6,468.75 42.43 ° 2,268,840.82 3.09 109,600.75 Aaa AAA Aaa AAA 2.74 2.56 1,95 1.91 146FAA9 Goldman Sachs FDIC Guaranteed Note 3.25% Due 6/15/2012 5,625,000.00 Various 2.68 5,723,309.75 5,723,309.75 104.27 1.28 %.; 5, 865,165.00 53,828.13 3.12 % 141, 855.25 Aaa AAA 2.21 2.12 9744AC0 Wells Fargo & Company FDIC 5,735,000.00 Various 5,750,945.80 101.54 5,823,3'93.56 3.08 % Guaranteed Note 2.03 % 5,750,945.80 1.41 % 35,863.58 72,447.76 2.125% Due 6/15/2012 D5OBAA9 Bank of America Corp FDIC Guaranteed 5,500,000.00 Note 3.125% Due 6/15/2012 Various 1.97% 5,703,627.50 5,703,627.50 103.91 1.32 % 5,715,160.00 50,607.64 I, 3.03 % 11, 532.50 Aaa AAA Aaa AAA 2.21 2.14 2.21 2.12 351CAC7 PNC Funding Corp FDIC Guaranteed Note 2.3% Due 6/22/2012 5,725,000,00 08/31/2009 1.73 % 5,814,138.25 5,814,138.25 102.27 1.26 % 5,854,883.08 36,2�10.62 3.10 % 40,744.83 Aaa AAA 2.23 2.16 967HAV9 GE Capital Corp FDIC Guaranteed Note 2.125% Due 12/21/2012 5,850,000.00 06/03/2009 2.10 % 5,855,557.50 5,855,557.50 101.31 1.63 % 5,926,55.55 34,5p1.25 3.14 % 70,978.05 Aaa AAA 2.73 2.62 1247AM6 JP Morgan Chase FDIC Guaranteed Note 2.125% Due 12/26/2012 5,950,000.00 04/22/2009 2.04 % 5,968,445.00 5,968,445.00 101.42 1.59 % 6,034,638.50 33,355.45 3.19 % 66,223.50 Aaa AAA 2.74 2.64 tal FDIC Insured US Corporate 40,135,000.00 2.11 40,565,333.80 40,565,333.80 1.40 41,078,7Ig16.44 250,095.42 21.75 513,382.64 Aaa AAA 2.33 2.25 3507BQ8 ConocoPhillips Note 8.75% Due 5/25/2010 1,575, 000.00 05/08/2008 3.44 % 1,737,823,50 1,737,823.50 101.17 0.89 1,593,4176.33 48,234.38 0.86 % (144,347.17) Al A 0.15 0.15 •64,,,Uer Ann/ AAa. rn.,c; \CAlrtdl CUSIP 931142BZ5 aampits'.urrru ^ ount#10001 Security Description Wal-Mart Stores Note 4.125% Due 7/1/2010 Par Value/Units 3,500,000.00 rtoiamgs rceport 3/31 /10 Purchase Date Book Yield 01/09/2008 3.71 % Cost Value Book Value 3,533,775.00 3,533,775.00 100.72 1.23 % Market Value % of Port. Moody= Term (yrs). Accrued Int. GainlLoss S&P. Duration - 3, 525,161.50 36,093.75 1.87 % (8,613.50) Aa2 AA 0.25 0.25 369550AL2 General Dynamics Corp Note 4.5% Due 8/15/2010 1,750, 000.00 05/28/2008 3.44 % 1,788,955.00 1,788,955.00 101.42 0.68 % 1,774,752.50 10,062.50 0.94 % (14,192.50) A2 A 0.38 0.37 459200GR6 IBM Corp Note 2.1% Due 5/6/2013 1,865,000.00 01/27/2010 1.89 % 1,877,420.90 1,877,420.90 100.70 1.87 % 1, 878, 028.89 15, 774.79 1.00 % 607.99 Al A+ 3.10 2.96 742718DL0 . Procter & Gamble Co Note 4.6% Due 1/15/2014 1,785,000.00 01/25/2010 2.44 % 1,929,959.85 1,929,959.85 107.44 2.53 % 1, 917, 859.34 17,334.33 1.02 % (12,100.51) Aa3 AA- 3.80 3.46 717081AR4 Pfizer Inc. Note 4.5% Due 2/15/2014 1,640, 000.00 Various 3.36 % 1,721,323.50 1,721,323.50 106.82 2.64 % 1,751,818.48 9,430.00 0.93 % 30,494.98 Al AA 3.88 3.54 166751AH0 ChevronTexaco Corp Note 3.95% Due 3/3/2014 2,665,000.00 Various 2.64 % 2,801,437.00 2,801,437.00 104.43 2.75 % 2,783,190,09 8,187.47 1.47 % (18, 246.91) Aa1 AA 3.93 3.62 38141EA33 Goldman Sachs Group Note 6% Due 5/1/2014 1,825, 000.00 11 / 10/2009 3.51 % 2,011,296.00 2,011,296.00 109.50 3.48 % 1, 998, 345.80 45,625.00 1.08 % (12,950.20) Al A 4.09 3.55 665859AK0 Northern Trust Company Note 4.625% Due 5/1/2014 1,740,000.00 02/01/2010 2.60 % 1,880,574.60 1,880,574.60 106.35 2.96 % 1,850,549.16 33, 531.25 0.99 (30, 025.44 ) Al AA- 4.09 3.66 36962G4C5 General Electric Capital Corp Note 5.9% Due 5/13/2014 2,700,000.00 08/07/2009 4.47 % 2,863,923.40 2,863,923.40 110.02 3.28 % 2,970,664.20 61, 065.00 1.60 106, 740.80 Aa2 AA+ 4.12 3.60 06406HBL2 . Bank of New York Note 4.3% Due 5/15/2014 2,480,000.00 Various 2.94 % 2,609,790.70 2,609,790.70 105.27 2.93 % 2,610,681.12 40,286.22 1.40 % 890.42 Aa2 AA- 4.13 3.72 428236AV5 Hewlett Packard Company Note 4.75% Due 6/2/2014 1,790, 000.00 Various 2.66 % 1,938,160.60 1,938,160.60 107.96 2.72 % 1,932,539.50 28,105.49 1,03 % (5,621.10) A2 A 4.18 3.74 079860AG7 Bellsouth Corp Note 5.2% Due 9/15/2014 1,725,000.00 01/22/2010 3.12 % 1,878,766.50 1,878,766.50 107.75 3.32 % 1,858,606.43 3,986.67 0.98 % (20,160.07) A2 A 4.46 3.98 46625HHP8 JP Morgan Chase Note 3.7% Due 1/20/2015 2,050,000.00 03/18/2010 3.45 % 2,072,948.30 2,072,948.30 100.62 3.56 % 2,062,625.95 14,959.30 1.09 % (10,322.34) Aa3 A+ 4,81 4.34 94980VAA6 Wells Fargo Bank Note 4.75% Due 2/9/2015 1,825,000.00 03/22/2010 3.83 % 1,898,876.00 1,898,876.00 103.85 3.87. % 1,895,193.15 12,521.53 1.00 % (3,682.85) Aa3 AA- 4.87 4.29 )84670AV0 Berkshire Hathaway Note 3.2% Due 2/11/2015. 2,375,000.00 02/05/2010 3.22 % 2,373,028.75 2,373,028.75 100.85 3.01 2,395,273.00 10,555.56 1.27 % 22,244,25 Aa2 AA+ 4.87 4.46 Total US Corporate 33,290,000.00 3.21 % 34,918,059.60 34,918,059.60 2.61 34,798,775.45 395,753.24 18.52 (119,284.15) Al AA- 3.40 3.07 .g4 �,,tva F � 912828FN5 US Treasury Note 4.875% Due 7/31/2011 5,550,000.00 Various 4.86 % 5,554,142.58 5,554,142.58 105.66 0.62 % 5,864,141.10 3.11 % 44,844.61 309,998.52 TSY TSY 1.33 1.30 912828GA2 US Treasury Note 4.5% Due 11/30/2011 4,000,000.00 Various 4.62 % 3,981,054.69 3,981,054.69 106.11 0.80 % 4,244,376.00 60,329.67 2.27 % 263,321.31 TSY TSY 1.67 1.60 912828GK0 US Treasury Note 4.625% Due 2/29/2012 2,975,000.00 10/04/2007 4.16 % 3,030,200.20 3,030,200.20 106.98 0.94% 3,182,553.85 11,964.67 1.68 % 152,353.65 TSY TSY 1.92 1.84 -Chandler Aaset Management - CONFIDENTIAL Execution Time: 5/7/2010 9:57:00 AM Sample Client Account #10001 Holdings Report As of 3/31/10 SIP Security Description Par Value/Units Purchase Date Book Yield r'a t"r'r�s rtig Cost Value Mkt Price . Market Value % of Port. Moody Term (yrs) Book Value Mkt YTM Accrued Int. Gain/Loss S&P Duration ay.,,,v i A' `nkkgnme+ � °'X%ti m,t� 'r �F�'S"1 ` -' '` t `47,,Itur d ,' fit`' 'm, l-' 4 tk�tWA S f 4 ��r Fxe ...rkJjvka 12828G07 US Treasury Note 4.5% Due 4/30/2012 2,000,000.00 05/30/2007 4.83 % 1, 971,250.00 1,971,250.00 107.13 1.03 % 2,142, 500.00 37,790.06 1,15 % 171,250.00 TSY TSY 2.08 1.97 I2828GU8 US Treasury Note 4.75% Due 5/31/2012 3,000,000.00 07/12/2007 5.02 % 2,964,609.38 2,964,609.38 107.79 3,233,673.00 1.73 % TSY 1.10 % 48,024.86 269,063.62 TSY 2.17 2.05 I2828GW4 US Treasury Note 4.875% Due 6/30/2012 3,000,000.00 07/12/2007 5.02 % 2,981,484,38 2,981,484.38 108.27 3,248,202.00 1.73 % TSY 2.25 1.14 % 36,764.50 266,717.62 TSY 2.13 I2828GZ7 US Treasury Note 4.625% Due 7/31/2012 3,000,000.00 10/04/2007 4.21 % 3,054,023.44 3,054,023.44 107.93 3,237,891.00 1.72 % TSY 2.34 1.17 % 22,997.24 183,867.56 TSY 2.22 12828HK9 US Treasury Note 3.375% Due 11/30/2012 2,500,000.00 12 /06/2007 3.39 % 2,498,828.13 2,498,828.13 105.26 2,631,445.00 1.40 % TSY 2.67 1.36 % 28,279.53 132,616.87 TSY 2.53 I2828HM5 US Treasury Note 3.625% Due 12/31/2012 3,500,000.00 03/06/2008 2.45 % 3,685,253.91 3,685,253.91 105.91 3,706,717.00 1.97 % TSY 2.76 1.43 % 31,893.99 21,463.09 TSY 2.61 12828HV5 US Treasury Note 2.5% Due 3/31/2013 1,000,000.00 01/06/2010 1.69 % 1,025,237.73 1,025,237.73 102.74 1,027,422.00 0.54 % TSY 3.00 1.56 % 68.31 2,184.27 TSY 2.89 ,tal US Treasury 30,525,000.00 4.21 % 30,746,084.44 30,746,084.44 32,518,920.95 17.29 % TSY 2.08 1.04 % 322,957.44 1,772,836.51 TSY 1.98 )TAL PORTFOLIO 183,782,741.90 188,218,517.72 179,435,000.00 3.28 % 183,782,741.90 1.65 % 1,768,347.60 100.00 % Aaa 2.66 4,435,775.82 AAA 2.49 3TAL MARKET VALUE PLUS ACCRUED 189,986,865.32 ' handia.LAcsaLUIL 1.-fONFIr1ENTIBI_ Fvpr„t;pr Tisr LO QSZI.10_A_AA_ Cin CHANDLER ASSET MANAGEMENT GASB 40 Report Tuesday, June 30, 2009 Portfolio # 10001 Sector Agency US Treasury FDIC Insured US Corporate US Corporate Portfolio Characteristics Market Value Ave Portfolio Duration Ave Porfclio Maturity Sector Characteristics Market Value Ave Duration Ave Maturity % of Port 100,571,860 35,638,016 34,775,805 21,368,676 2.49 2.53 2.96 1.84 2.75 2.70 3.10 2.00 52.28% 18.53 18.08% 11.11% 192,354,356 Concentration of Credit Issuer Name Government of United States Federal Home Loan Mortgage Corp Federal National Mortgage Association Federal Farm Credit Bank Federal Home Loan Bank Tennessee Valley Authority JP Morgan FDIC Insured Goldman Sachs FDIC Insured General Electric Co FDIC Insured US Bank Corp FDIC Insured Wells Fargo Corp FDIC Insured Bank of America Corp FDIC Insured General Electric Co 192,354,355 2.51 2.72 Interest Rate Shock Analysis Fair value of portfolio after increase of: 100 bps -4,825,986 200 bps -9,651,972 300 bps -14,477,958 Seamented Time Distribution <1 yr 1-3 yrs 3-5 yrs >5yrs 9,458,270 0 0 4,526,179 47,550,776 22,742,859 23,046,153 11,068,461 43,562,815 12,895,158 11,729,651 5,774,035 0 0 0 0 2.51 2.72 100.00% 13,984,449 104,408,249 73,961,659 Ave. Ave. Ratings Cost Market Value Duration Maturity Moody/SP % of Port 33,293,305 35,638,016 2.53 2,70 TSY TSY 18.53% 24,282,674 25,274,233 2.91 3.16 Aaa AAA 13.14% 21,637,779 22,232,575 2.58 2.77 Aaa ,AAA 11.56% 21,285,546 22,005,316 1.79 1.90 Aaa AAA 11.44% 17,621,546 18,256,959 2.23 2.73 Aaa AAA 9.49% 12,466,372 12,802,777 3.04 3.37 Aaa AAA 6.66% 5,958,445 5,919,905 3.34 3.49 Aaa AAA 3.08% 5,723,310 5,821.307 2.81 2.96 Aaa AAA 3.03% 5,855,558 5,809,746 3.33 3.48 Aaa AAA 3.02% 5,749,310 5,800,640 2.60 2.70 Aaa AAA 3.02% 5,750,946 5,751,798 2.85 2.96 Aaa AAA 2.99% 5,703,628 5,672,409 2.82 2.96 Aaa AAA 2.95% 3,716,820 3,726,594 1.72 1.83 Aa2 AA+ 1.94% CA% CHANDLER ASSET MANAGEMENT GASB 40 Report Concentration of Credit Issuer Name Wal-Mart Stores Goldman Sachs Inc. Wells Fargo Corp JP Morgan Chase & Co Toyota Motor Corp General Dynamics Corp Pfizer Inc. ConocoPhillips Ave. Ave. Ratings Cost Market Value Duration Maturity Moody/SP % of Port 3,533, 775 2,899,435 2,072,723 2,019,900 1,945,560 1,788,955 1,721,324 1,737,824 3,585,890 2,845,032 2,040,183 2,025,376 1,947,076 11808,902 1,708,477 1,681,147 0.97 0.55 3.41 3.45 1.78 1.09 4.10 0.88 1.00 0,58 3:84 3.84 1.88 1.13 4.63 0.'90 Aa2 AA Al A Al AA- Aa3 A+ Aa1 AA. A2 A Aa2 AAA Al A 1,86% 1.48% 1.06% 1.05% 1.01% 0,94% 0.89% 0.87% June 30 2009 Maturity Is Next Call CUSIP IssueName Issue Cpn Date Callable Date Market Value Duration MktTerm Ratings 38141GAL8 Goldman Sachs Group Inc Note 7.80 1/28/10 N 2,845,032 0.55 0.58 Al A 31359MXH1 FNMA Note 3.88 2/15/10 N 664,016 0.61 0.63 Aaa AAA 3134A33L8 FHLMC Note 7.00 3/15/10 N 1,098.563 0.69 0.71 Aaa AAA 31331XWL2 FFCB Note 4.75 5/7/10 N 4,143,752 0.84 0.85 Aaa AAA 31359MC92 FNMA Note 4.13 5/15/10 N 2,063,126 0.86 0.87 Aaa AAA 718507BQ8 ConocoPhillips Note 8.75 5/25/10 N 1,681,147 0.88 0.90 Al A 31359MFS7 FNMA Note 7.13 6/15/10 N 1,488,813 0.94 0,96 Aaa AAA 931142BZ5 Wal-Mart Stores Note 4.13 7/1/10 N 3,585,890 0.97 1.00 Aa2 AA 3134A4VB7 FHLMC Note 4.13 7/12/10 N 1,558,595 1.00 1.03 Aaa AAA 369550AL2 General Dynamics Corp Note 4.50 8/15/10 N 1,808,902 1.09 1.13 A2 A 3133XCQZ9 .FHLB Note 4.38 9/17/10 N 2,872,031 1.18 1.22 Aaa AAA 3134A4VE1 FHLMC Note 4.13 10/18/10 N 1,620,719 1,27 1.30 Aaa AAA 31331YGP9 FFCB Note 3.75 12/6/10 N 3,120,939 1,40 1.44 Aaa AAA 3133XECU1 FHLB Note 4.63 2/18/11 N 3,343,675 1.56 1.64 Aaa AAA 31331V5K3 FFCB Nate 4,88 2/18/11 N 5,309,375 1.56 1.64 Aaa AAA 912828EX4 US Treasury Note 4.50 2/28/11 N 530,000 1.60 1.67 TSY TSY 31359MHK2 FNMA Note 5.50 3/15/11 N 2,687,500 1,62 1.71 Aaa AAA 912828FA3 US Treasury Note 4.75 3/31/11 N 2,131,876 1.68 1.75 TSY TSY 36962GW59 General Electric Capital Cor Note 5.50 4/28/11 N 3,726,594 1.72 1.83 Aa2 AA+ 892332AQ0 Toyota Motor Credit Corp Note 5.45 5/18/11 N 1,947,07E 1.78 1.88 Aa1 AA 31331VJ80 FFCB Note 5.38 7/18/11 N 4,857,188 1.92 2.05 Aaa AAA 912828FN5 US Treasury Note 4.88 7/31/11 N 7,115,259 1.96 2.08 TSY TSY 31359MZ30 FNMA Note 5.00 10/15/11 N 2,269,970 2.16 2.29 Aaa AAA 31359ML50 FNMA Note 5,38 11/15/11 N 2,644,009 2.24 2.38 Aaa AAA 912828GA2 US Treasury Note 4.50 11/30/11 N 4,306,252 2.30 2.42 TSY TSY June 30 2009 Maturity Is Next CaII CUSIP IssueName Issue Cpn Date Callable Date Market Value Duration MktTerm Ratings • 3133XJEE4 FHLB Callable Note 1X 5.00 12/22/11 Y 12/22/09 3,060,939 0.48 2.48 Aaa AAA 12/22/2009 3134A4JT2 FHLMC Note 5.75 1/15/12 N 2,537,188 2.33 2.55 Aaa AAA ' 912828GK0 US Treasury Note 4.63 2/29/12 N 3,224,156 2.49 2.67 TSY TSY 3137EAAR0 FHLMC Note 4.75 3/5/12 N ' 3,238,125 2.50 2.68 Aaa AAA 91160HAA5 US Bancorp FDIC Guaranteed 2.25 3/13/12 N 5,800,640 2.60 2.70 Aaa AAA Note 912828GQ7 US Treasury Note 4.50 4/30/12 N 2,164;376 2.66 2.84 TSY TSY 31398ABX9 FNMA Note 4.88 5/18/12 N 1,657,484 2.70 2.88 Aaa AAA 8805910T6 Tennessee Valley Authority Note 6.79 5/23/12 N 6,773,040 2.65 2.90 Aaa AAA 912828GU8 US Treasury Note 4.75 5/31/12 N 3,270,939 2.74 2.92 TSY TSY t ! 06050BAA9 Bank of America Corp FDIC Guaranteed 3.13 6/15/12 N 5,672,409 2.82 2.96 Aaa AAA el. Note 949744AC0 Wells Fargo & Company FDIC Guaranteed 2.13 6/15/12 N 5,751,798 2.85 2.96 Aaa AAA C(.. Note 38146FAA9 Goldman Sachs FDIC Guaranteed 3.25 6/15/12 N 5,821,307 2.81 2.96 Aaa AAA ��� Note 912828GW4 US Treasury Note 4.88 6/30/12 N 3,286,875 2.81 3.00 TSY TSY 3134A4QD9 FHLMC Note 5.13 7/15/12 N 3,286,875 2.78 3.04 Aaa AAA 912828GZ7 US Treasury Note 4.63 7/31/12 N 3,266,250 2.85 3.09 TSY TSY 3133XML66 FHLB Note 4.63 10/10/12 N 3,242,814 3.03 3.28 Aaa AAA 31331X3S9 FFCB Note 4.50 10/17/12 N 4,574,053 3.05 3.30 Aaa AAA 912828HK9 US Treasury Note 3.38 11/30/12 N 2,632,033 3.23 3.42 TSY TSY 36967HAV9 GE Capital Corp FDIC Guaranteed 2.13 12/21/12 N 5,809,746 3,33 3.48 Aaa AAA Note 481247AM6 JP Morgan Chase FDIC Guaranteed • 2.13 12/26/12 N 5,919,905 3.34 3.49 Aaa AAA Note 912828HM5 US Treasury Note 3.63 12/31/12 N 3,710,000 3.29 3.51 TSY TSY June 30 2009 CUSIP IssueName Issue Maturity Is Next Call Cpn Date Callable Date Market Value Duration MktTerm Ratings 880591CW0 Tennessee Valley Authority Note 92976WBJ4 Wachovia Bank Note 46625HHB9 JP Morgan Chase Note 3133XQU34 FHLB Note 31339X2M5 FHLB Note 3137EABMO FHLMC Note 31398ASD5 FNMA Note 3134A4TZ7 FHLMC Note 880591DW9 Tennessee Valley Authority Note 31398AUJ9 'FNMA Note 3137EABX6 .• FHLMC Note 717081AR4 Pfizer Inc. Note 6.00 5.50 4.75 3.63 3.88 3.75 3.88 4.50 4.75 2.88 2.50 4.50 3/15/13 5/1/13 5/1/13 5/29/13 6/14/13 6/28/13 7/12/13 7/15/13 8/1 / 13 12/11/13 1/7/14 2/15/14 N N N N N N N N N N N N 2,904,086 2,040,183 2,025,376 3,640,000 2,097,500 3,150,159 4,473,125 4,575,393 3,125,652 4,284,531 4,208,618 1,708,477 192,354,356 3.31 3.41 3,45 3.63 3.66 3.71 3.67 3.64 3.65 4.15 4.19 4.10 3.71 Aaa AAA 3.84 Al AA- 3.84 Aa3 A+ 3.92 Aaa AAA 3.96 Aaa AAA 4.00 Aaa AAA 4.04 Aaa AAA 4.04 Aaa AAA 4.09 Aaa AAA 4.45 Aaa AAA 4.53 Aaa AAA 4.63 Aa2 AAA Kay Chandler, CFA President Mia Corral VP, Client Service Ted Piorkowski, CFA SVP, Portfolio Manager 225 Lusk Blvd • 5 r Diego„'CA 92121 "'Phone""800 317 4747 Fax 858 5463741 �vww lcr s .c �_� ,, � �,, �h�ntlleras a co Z # 1Nal-IDV,T.T;'Z k Table of Contents SECTION 1 SECTION 2 SECTION 3 SECTION 4. SECTION 5 About .Chandler Philosophy, Process & Historic.al Results Services that Support the Investment Process Distinctions of Chandler Asset Management Engagement Team Biographies - Disclosures W I I OE I. MN MR QM MI fit En Nam =ac IOW MI1111 SECTION About Chandler ak Fixed Income Specialists • Independent & Employee -Owned ■ Founded in 1988 ■ SEC -registered • A San Diego firm • Responsive Client Service ■ Customizable accounting and. reporting • Periodic personal meetings ® Fiduciary duty ■ Experienced Investment. Team ■ Team -based decision. making ■ Disciplined investment process • Chartered Financial Analyst® designation of 6/30/2011 Assets Under Management* $6.1 Billion Non -Profit 16% Corporate 1% Individuals 6% Public Agency 77% I IN IN ® ® i MI Ili in ray cap Representative Clients • Agoura Hills • Alameda • American Canyon • Arcata • Brea • Buena Park • Camarillo • Chino Hills • Corona • Alpine • Amador ; • Calaveras • Santa Clara • Tulare • San Diego. County • Danville • Eureka • Fairfield • Indio • La Habra • La Mirada • Long Beach • Menifee • Monterey • Moreno Valley • Mountain View • Napa • Newport Beach • Perris • Pleasant Hill • San Bernardino • San Leandro • San Luis Obispo • Alameda Corridor Transportation Authority • Alameda County Transportation Authority • Authority for CA Cities Excess Liability • Big Independent Cities Excess Pool • Brea Olinda School District • California Joint Powers RMA • Central San Joaquin Valley RMA • Denver City and County • First 5 Alameda County • First 5 Santa Clara County • Fontana POA Retiree Benefit Trust • Moulton Niguel Water District • San Marcos • Santa Clarita • South San Francisco • Stockton • Tracy • Truckee • Vallejo • Westminster • Northern CA Cities Self Insurance Fund • Rancho CA Water District • Redwood Empire Municipal Insurance Fund • Sacramento Regional Transit District • San Diego Pooled IPA • Small Cities Organized Risk Effort • South Metro Fire Rescue Authority • Three Valleys Water District • Walnut Valley Water District • West San Gabriel JPA • Western Municipal Water District • YCPARMIA A listing of the firm's public agency clients, shown in alphabetical order. It is not known whether the listed clients approve or disapprove of Chandler Asset Management or the advisory services provided: cia Investment Team Team Approach to Decision -Making and Portfolio Management ■ CIO assigns I•ead portfolio manager and back up portfolio manager to each account • All team members are familiar and have responsibilities for each account • Team members coordinate trading and share trade execution • Team members participate in research and operational committees •Pk PI- PI 101 M. PRI al Experience and Dedication Investment Professional Responsibility Industry Firm Experience Tenure. Kay Chandler, CFA President Nicole Dragoo, IACCP COO, Chief Compliance Officer Jayson Schmitt, CFA SVP, Portfolio Manager ' Strategic planning and client service Leads investment operations team Regulatory compliance Oversight of portfolio management, desk operations Portfolio management and trading Shelly Henbest Credit Analyst f ri Credit analysis 9r"Jr MI.t.':6-Ctag 1975 2000 1994 1988 2001 1995 2000 2009 Industry - Firm Experience Tenure 6. SECTION 2 Philosophy, Process & Historical Results SI w NI ® ® fit Ei1 Ems' iiYl ®I E ilk ESE 1E ELIE LEI 1ZE 7:86 LBI C�8 CM I Chandler's Investment Philosophy We believe that our conservative approach to fixed income management will' provide incremental outperformance and appropriately constrained risk. %11 Longer -Term Portfolios Provide Higher Expected Return Value on 6/30/2011 of $20 million invested 6/30/2001 LAIF Chandler Limited Maturity Chandler Short Term Bond 6/30/2011 Annualized Return $25,840,498 $29,774,398 $31,591,714 2.60% 4.06% 4.68% Past performance Is not a guarantee of future results. Performance is annualized, presented gross of investment management fees, and represents returns achieved for institutional clients. Please see accompanying full GIPS® -compliant performance presentation. aam s us a• s is s mai wa s an s s Ms — 1• - 7111 - — — IN OM ® RI ME - BC In CA Longer Term Portfolios and Greater Volatility of Return 3.00% y 1.00% tY O R ▪ 0.00% 0.50% 16. re -1.00% a -1.50% -2.00% ' ' O• ff' Off' O°pO)os a, O� 00 hoc O°Y Quarterly Change in Value Oa O� Oh Oed )Jc' 00 OrO oc) 01 Oeu °c' 01 t 00 OB 00 .0° • O�G °c OeG °c O�• G • 1 —LAIF —Chandler Limited Maturity —Chandler Short Term Bond I MI ;I OM UN um mu I - I. — 91111 UM En MI WM U — urn . mot .. — — — qa maie eau saw CM Segmenting the Portfolio ■ San Diego County Pool [ ■ LAIF O i Money market instruments offer diversification • Designed to stabilize and enhance income and Provide for long term portfolio growth • Invested in • U.S. Treasury/Agencies • Corporate notes, if permitted I I I u L. E N_ L. I IL 1L �� ��: B !- U _ * WA ® IN " I C At Value -Added Investment Process A Quantitative, Disciplined and Repeatable Investment Process FOUR KEY COMPONENTS TO OUR APPROACH Constraining portfolio duration relative to the benchmark Strategic allocations to key sectors, with value -based rotation Positioning securities along the yield curve to capture value across maturities Selecting bonds that we believe are undervalued and offer the greatest potential for risk -adjusted return .13.. t [ I J Am al t mot J XVI! ER RI Ili cal Disciplined Process Drives Portfolio Structure Value -Added by Disciplined Investment Portfolio Management YIELD CURVES CONSTRAINTS SCENARIOS HORIZON ANALYSIS MODEL WEEKLY TEAM STRATEGY MEETING PORTFOLIO STRUCTURE TERM.. STRUCTURE ALLOCATION WEEKLY TEAM STRATEGY MEETING CREDIT GROUP WEEKLY REFRESH DAILY DESK DISCUSSION SECURITY S ELECTION IUANTITATIVE TANKING III 101M 11311 1131 111013 11F31 1011 81 IV 1 6 '® INitel cm Consistent Investment Results Chandler Asset Management Investment Results Periods Ending June 30, 2011 Investment Style LAIF Chandler Ultra Short Bond Chandler Limited Maturity Chandler Short Term Bond Annualized Total Return Portfolio 10 Year Period Duration 6/30/11 Net of Fees (0.06 of 1%) 0.15 0.91 1.72 2.25 2.60% 3.17% 4.00% 4.62% 10-Year Growth of $20 Million Net of Fees $25.9 million $27.3 million $29.6 million . $31.4 million Past performance is not a guarantee of future results. Performance is annualized, presented gross of investment management fees, and represents returns achieved for institutional clients. Please see accompanying full GIPS® -compliant performance presentation. LIM Mill ill111 UM WWI MI Riam spy WM UM aw — Ima mil 'MN MEI 1,MMI Met MIMI• 11111.1 MEI 111•111k VP. MP MIR 16.41R 3 Os, SECTION 3 Services that Support the Investment Process L -' 11 fl' 1011' f 1121111®II IN'. GI More Than A Portfolio —A Comprehensive Investment Program Committed to Superior Service 1 a Effective Portfolio Management ... And More ■ Initial and .annual Investment Policy review • Portfolio cash flow forecasting • Coordination of third -party custodial relationship • Compliance monitoring and reporting • Monthly reports — secure online access ■ Staff training and education General resource on best practices Chandler: A local firm specializing in public agency investing 10 c� Reports Designed For Use By Management Sample Client - Chandler 1-6 Year Poltfolto Sum:mary tad 313172011 PORTFOLIO CHA CTERISTIC$ ACCOUNT SUMMARY TOP ISSUERS Average Duration 2.33 Average Coupon 289 % Average Purchase YTM 1.77 % Average Market YTM 0.75 % Average S&P Rating AAA Average Final Maturity 2.46 yrs Average Life 2.46yrs SECTOR ALLOCATION Commeraal (1.7%) Agency (81.1 %) PERFORMANCE REVIEW Sample Client - Chandler 1-5 Year 1-5 yr Govt FDIC 25% Insured ua B Corte 20% (14.1 %) 15% 10% uS 5% Treasury (23.1 %) it 283,372 i -3,017,963 e 188,455,000 192,974,630 194,630,669 200,960,942 1,261,652 198,338,104 1,354,219 202,222,594 199,692,323 232,261 191,115,000 195,801_789 197,287.597 MATURITY DISTRIBUTION 25.7 % 16.5 % 0..26 .26-.5 6.1 1.2 2.,3 3.4 4.5 64 Maturity (Yrs) Issuer % Portfolio Government of United States 23.1 % Federal Horne Loan Bank 13.4 % Federal National Mortgage Assoc 12.9 % Federal Home Loan Mortgage Corp 12.6 % Federal Farm Credit Bank 12.5 % Tennessee Valley Authority 9.9 % HSBC Corp FDIC Insured 3.0 % JP Morgan FDIC Insured 3.0 % 90.3 % CREDIT QUALITY 0.24 % 1.35 % 4.37 % 4.61 % N/A NIA NIA 4.40 % 4.77 % 0.26% 122% 4.07% 4.07% N/A NIA N/A 4.10% C I Transition Execute investment management agreement Confirm investment policy and strategy Select custodian Execute custody agreement Transfer assets/cash Monitor receipt of assets Implement strategy Report to City ■ National City/Chandler • National City/Chandler National City • National City • National City/Custodian • National City • Chandler ■ Chandler `® IR III VI SECTION 4 Distinctions of handler Asset Management BO ME ult um um lull Ilit tut tia iw ME 11E4 Mil &IMU 11511 iinU ME ME Mil iM3il cell 9101 1lAPl gin um DR �1 Chandler: The Right Partner for National City ■ Our firm is independent and owned by the employees. • We are the right size —big enough to get the job. -done right with expert staff, state-of-the-art technology and excellent price execution. Our team is focused on client service as much as investment performance. 4,..111 taw '11.1 mPoi .",,PIR IR IR ,.•R I'm ••• •rm 'PR ippi 'RR .•.R, •RR 'FR !IR og SECTION 5 Engagement Team Biographies Disclosures 22. • ilk r_rom • liI.mg — , CM Biographies Kay Chandler, CFA President Kay Chandler is the president of Chandler Asset Management and founded the firm in 1988. Ms. Chandler is responsible for overseeing all aspects of the firm's investment process. She leads client service and communication and is focused on the strategic direction of the firm. Recognized for her expertise, she is frequently asked to speak on topics such as investment policy, portfolio management, and the risk characteristics of fixed income securities. Ms. Chandler served as the Investment Officer for the County of San Diego from 1975 until 1983 and then in the same position for the City of San Diego from 1983 until 1985. As a Managing Director at Pacific Century Advisers from 1985 until 1988, she managed over $1 billion in fixed -income assets for institutional investors. She is a co-author of The California Public Fund investment Primer, commissioned by the California State Treasurer and published in 2005. Ms. Chandler received her B.A. from Oberlin College in 1970, and attended graduate school at San Diego State University. She is a member of the CFA Society of San Diego and holds the designation of Chartered Financial Analyst (CFA). She is a member of the Board of Governors of the San Diego Foundation, and serves as a member of the Foundation's Investment Committee. Martin Cassell, CFA CEO, Chief investment Officer Martin Cassell is the chief executive and investment officer at Chandler Asset Management and is a principal of the firm. Mr. Cassell is responsible for defining, planning and directing company programs. He heads implementation of the firm's investment strategies and portfolio risk management. He designed the proprietary quantitative models that drive our investment process, establishing duration, structure and asset allocation throughout client portfolios. Mr. Cassell joined Chandler Asset Management in 1991 from the City of San Diego where he managed a $1 billion fixed income portfolio. He began his investment career in 1987 managing portfolios at World Savings and Loan, Mr. Cassell received his B.S. in finance from California State University, Hayward. He is a member of the CFA Society of San Diego and holds the designation of Chartered Financial Analyst. He is also a member of the California Association of Joint Power Authorities (CAJPA) finance committee, t CA Biographies Nicole Dragoo, IACCP COO, Chief Compliance Officer Nicole Dragoo is the chief operating and compliance officer at Chandler Asset Management. Ms. Drag.00 is responsible for regulatory compliance and legal matters and implements and oversees the firm's operational and administrative functions. She also directly oversees the investment operations department, which is responsible for maintaining data integrity, trade settlement, performance calculation, client reporting and portfolio accounting. Prior to joining Chandler in 2001, she served as a trading associate on the institutional fixed income sales desk at Merrill Lynch. Ms. Dragoo earned her B.A. from the University of San Diego in business economics and the J.D. from the University of San Diego School of Law. She is a member of the State Bar of California, the American Bar Association, the San Diego County Bar Association and the Southern California Compliance Group. Additionally, Ms. Dragoo holds the designation of Investment Adviser Certified Compliance Professional (IACCP). Ted Piorkowski, CFA Senior Vice President, Portfolio Manager Ted Piorkowski is a senior vice president and senior portfolio manager at Chandler Asset Management. In addition to his duties as a portfolio manager, he oversees daily trading and is responsible for implementing portfolio strategy. Mr. Piorkowski leads the Portfolio Management and Sector Committees. Prior to joining Chandler Asset Management in 1999, Mr. Piorkowski served as a Vice President and Fund Manager for Sefton Capital Management. He was responsible for the management of over $300 million in both mutual fund vehicles and individually managed institutional portfolios. From 1988 through 1994, Mr. Piorkowski managed money market and enhanced money market funds for San Diego Trust and Savings Bank and its successor, San Diego Financial Capital Management. Mr. Piorkowski earned both his B.A. and M.B.A. in finance from San Diego State University. He is a member of the CFA Society of San Diego and holds the designation of Chartered Financial Analyst. - c� Biographies di I MINI Jayson Schmitt, CFA Senior Vice President, Portfolio Manager Jayson Schmitt is a senior vice president and portfolio manager at Chandler Asset Management. He has been instrumental in the development and integration of quantitative analytic tools for the portfolio management process. Prior to joining Chandler Asset Management in 1995, Mr, Schmitt was employed as a financial analyst with USA Federal Credit Union in San Diego, managing a $100 million liquidity book. His responsibilities there also included asset/liability management. Mr. Schmitt earned his B.A. in economics from San Diego State University. He is a member of the CFA Society of San Diego and holds the designation of Chartered Financial Analyst. William Dennehy II, CFA Vice President, Portfolio Manager William Dennehy recently joined Chandler Asset Management as a portfolio manager, responsible for implementing portfolio strategy and securities trading in client accounts. Prior to joining Chandler, Mr. Dennehy worked at Northern Trust Global Investments in Chicago, most recently as senior portfolio manager and vice president, with a wide range of responsibilities in asset allocation, quantitative and qualitative analysis. Mr. Dennehy earned his B.S. in business administration, option in finance, at California State University, Chico. He is a holds the designation of Chartered Financial Analyst. I 11 .411 ill ma NIT -a - =a CAI Biographies 14) Shelly Henbest Credit Analyst Shelly Henbest joined Chandler Asset Management as a credit analyst in 2009. She is actively involved in analyzing and assessing the credit suitability of debt issuers and assisting portfolio managers in the portfolio management process. Ms. Henbest is a member of the firm's Credit Committee and is responsible for monitoring developments in the financial markets and providing. fundamental economic and investment research. Ms. Henbest brings more than eight years of experience in equity research and financial analysis. Most recently, she was an associate analyst at Bear, Steams & Co. Inc., focusing on the consumer/retail sector. Prior to joining Bear Stearns, Ms. .Henbest was an equity research associate at C.L. King & Associates. She began her career at Ford Equity Research in San Diego as a quantitative equity analyst. Ms. Henbest was a three-year member of Institutional Investor magazine's "All - America Research Team," and is a level 3 candidate in the CFA program. Ms. Henbest earned her B.A. in business economics from the University of California, Santa Barbara. Eric Young Portfolio Specialist Eric Young joined Chandler Asset Management in 2007 and is currently a portfolio specialist assisting the portfolio management team with their daily responsibilities. He provides support in the areas of fixed income trading, economic analysis, and credit selection. He is involved with researching securities valuation and selection, and analyzing specific portfolio information. Prior to joining Chandler Asset Management, Mr. Young gained experience as an associate in internal operations with Citigroup Asset Management. Mr. Young earned his B.A, from the University of Connecticut in economics, with a minor in finance and business related studies. kaaaa raw NOW/ Gni Biographies Mia Corral Vice President, Client Service Mia Corral is vice president of client service. Ms. Corral is an active member of CSMFO, CMTA and GFOA. Her focus is on the development of client relationships and on client service. Ms. Corral joined Chandler Asset Management in 2004 and has more than ten years of financial industry experience. Prior to joining Chandler, Ms. Corral was employed at Nicholas Applegate Capital Management for five years, as an institutional client service assistant, then as an assistant marketing manager for the managed accounts division of the firm where she worked on marketing initiatives developing collateral material and product communication pieces. Ms. Corral earned her B.A. in speech communication with an emphasis in business communications from San Diego State University. T GIPS° Compliant Performance 6% 1 Year INVESTMENT PERFORMANCE' Ultra Short Bond June 30, 2011 3 Year 5 Year 10 Year ■Chandler Ultra Short Bond taBofA ML 0-3. Year Treasury 11/30/1988 Period 1 Year 3 Year 5 Year 10 Year Since Inception 11/30/1988 Chandler Ultra Short Bond 1.22% 2.02% 3.34% 3.23% 5.22% BofA ML 0-3 Year Treasury 0.69% 1.55% 3.03% 2_83% 4.70% 'All performance figures presented 'abo a are annualized. 2Retums are presented gross of fees. Please see next page for additional information about the composite •1 l I I 11 IMO ItsO ION IMO 11111 IOU If• Ifs I_ ; - - I_ - m l- ,® I NO ® ® In 1114 all GIPS® •Compliant Performance 9 Ultra Short Bond Annual Rates of Return 2001 through 2010 Gross Net of Fee Composite Firm Composite Composite Index Composite Number of Assets Pet of Firm Assets Return Return Return Dispersion Portfolios (MM) Assets (MM) 2001 7.60% 7.33% 6.20% 0.20% 6 54.21 4.6% 1,177.15 2002 4.06% 3.80% 3.49% 0.44% 5 56.24 4.3% 1,319.72 2003 2.15% 1.89% 1.49% 0.53% 6 53,06 3.1% 1,735.41 2004 1.33% 1.07% 1.13% 0.22% 4 32.98 1.7% 1,960.83 2005 2.57% 2.31% 2.52% 0.07% 7 110.80 4.4% 2,540.33 2006 4.77% 4.51% 4.48% 0.08% 7 251.98 8.7% 2,884.73 2007 5.82% 5.56% 6.11% 0.26% 6 222.18 6.8% 3,285.55 2008 4.61% 4.35% 4.32% 0.55% 7 267.48 7.5% 3,542.87 2009 1.35% 1.10% 0.55% 0.20% 6 158.28 3.6% 4, 394.10 2010 1.51% 1.26% 1.08% 0.12% 7 115.89 2.0% 5, 080.90 Chandler Asset Management claims compliance with the Global Investment Performance Standards (GIPS®) and has prepared and presented this report in compliance with the GIPS standards, Chandler. Asset Management has been independently verified by Beacon Verification Services for the period of June 30, 1997 through June 30, 2011. The verification report is available upon request. Verification assesses whether (1) the firm has complied with all the composite construction requirements of the GIPS standards on a firm -wide basis and (2) the firm's policies and procedures are designed to calculate and present performance• In compliance with the GIPS standards. Verification does not ensure the accuracy of any specifc composite presentation. 1. Chandler Asset Management Is an independent investment adviser registered as such with the Securities and Exchange Commission under the Investment Adviser's Act of 1940. Since 1988, Chandler Asset Management has provided fixed income investment management services to the public sector, as well as to foundations, endowments, individuals and corporations. A complete list and description of all of the firm's composites is available upon request. 2. The Ultra Short Bond Composite is a composite of individually managed accounts with an average modified duration approximately equal to the modified duration of the .Bank of America Merrill Lynch 0-3 year Treasury index and a maximum final stated maturity of individual securities of three years. Leverage is not used in the management of accounts in this composite. The minimum account size required to be included in this composite is $2 million. This composite was created in November 1988. The name of this composite was changed from Principal Preservation effective June 30, 2009. 3. The B of A Merrill Lynch Treasury 0-3 Year Index is comprised of US Treasury securities issued by the US Government. All securities in the index must have fixed coupon rates and a maturity not greater than three years regardless of any call features. 4. Valuations are computed and performance reported in U.S. Dollars. 5. Performance is calculated using a time -weighted total rate of return, which links performance monthly, and is reported gross of investment management fees and custodial fees,,but after all trading expenses Results reflect the reinvestment of Income, dividends and other eamings, and include realized and unrealized gains and losses and interest accrued through the last day of each month. Results do not reflect the potential impact of taxes. Past performance is not necessarily indicative of future results. Fees charged by Chandler Asset Management will reduce performance. 6. Net -of -fees performance retums are calculated by reducing the monthlygross performance by one -twelfth (1/12) of the actual maximum applicable fee of 0.25%. These monthly returns are then geometrically linked to produce annual returns which are presented before custodial fees but after management fees, all trading expenses and withholding taxes. An account of $10 million charged a management fee of 0.40 of 1% and with an annualized total retum of 6% would have a value of $13,488,502 and would have paid fees of $266,218 after five years. Additional information regarding Chandler's fees is included in our Part 2A of Form ADV. 7. Asset weighted standard deviation of annual returns relative to the composite return is presented as a measure of composite dispersion. Policies for valuing portfolios, calculating performance,. and preparing compliant presentations are available upon request. 8. From October 1992 until August 1993 the principals of Chandler Asset Management were associated with Acom Asset Management. Performance during that period was achieved while they were associated with Acorn. ® E I ® - ! ®1 se BM Gt%F GIPS° Compliant Performance 1 Year INVESTMENT PERFORMANCE' Limited Maturity June 30, 2011 3 Year 5 Year 10 Year ■Chandler Limited Maturity ®BotA ML 1-3 Year Treasury 9/30/1988 Period Chandler Limited Maturity BofA ML 1-3 Year Treasury 1 Year 3 Year 5 Year 10 Year Since Inception- 9/30/1988 1.83% 3,59% 4,59% 4.06% 5.82% 1.34% 2.80% 4.14% 3.61% 5.51% 'All performance figures presented above are annualized. 2Retums are presented gross of fees. Please see next page for additional information about the composite I II II IR Miff Mil NMI Oil NI PM MI NM NMI OM MN s s Mt GIPS® Compliant Performance Limited Maturity Annual Rates of Return 2001 through 2010 Gross Net of Fee Composite Firm Composite Composite Index Composite Number of Assets Pct of Firm Assets Return Return Return Dispersion Portfolios (MM) Assets (MM) 2001 8.51% 8.24% 8.30% 0.12% 2 85.08 7.2% 1,177.15 2002 6.26% 5.98% 5.76% 0.09% 3 107.22 8.1% 1,319.72 2003 2.30% 2.07% 1.90% 0.05% 3 131.40 7,6% 1,735.41 2004 1.49% 1.25% 0.91% 0.06% 3 126.29 , 6.4% 1,960.83 2005 2.03% 1.77% . 1.67% 0.03% 4 129.40 5.1% 2,540.33 2006 4.60% 4.31% 3.96% 0.03% 4 44.35 1.5% 2,884.73 2007 6.88% 6.61% 7.32% 0.13% 6 90,19 2.7% 3,285.55 2008 6.82% 6.56% 6.61% 0.23% 8 202.18 5.7% 3,542.87 2009 2.10% 1.84% 0.78% 0.34% 9 223.97 5.1%0 4,394.10 2010 2.96% 2.70% 2.35% 0.38% 8 201.20 4.0% 5,080.90 Chandler Asset Management claims compliance with the Global Investment Performance Standards (GIPS(8) and has prepared and presented this report in compliance with the GIPS standards. Chandler Asset Management has been independently verified by Beacon Verification Services for the period of June 30, 1997 through June 30, 2011. The verification report is available upon request. Verification assesses whether (1) the firm has complied with all the composite construction requirements of the GIPS standards an a flrm-wide basis and (2) the firm's policies and procedures are designed to calculate and present performance in compliance with the GIPS standards. Verification does not ensure the accuracy of any specific composite presentation. 1. Chandler Asset Management is an independent investment adviser registered as such with the Securities and Exchange Commission under the Investment Adviser's Act of 1940. Since 1988, Chandler Asset Management has provided fixed income investment management services to the public sector, as well as to foundations, endowments, individuals and corporations. A complete list and description of all of the firm's Composites and additional information regarding policies for calculating and reporting performance results is available upon request. 2. The Limited Maturity Composite is a composite of individually managed accounts with an average modified duration approximately equal to the modified duration of the Bank of America Merrill Lynch Index of 1-3 year Treasuries and a final stated maturity of individual securities of five years. Leverage is not used in the management of this composite. The minimum account size required to be included in this composite is $2 million. This composite was created September 1988. The name of this composite was changed from Short -Tenn Fixed Income effective June 30, 2009. 3. The B of A Merrill Lynch Treasury 1-3 Year Index is comprised of US Treasury securities issued by the US Govemment. All securities in the index must have fixed coupon rates and have at least one year but not greater than three years to maturity regardless of any call features. 4. Valuations are computed and performance reported in U.S. Dollars. 5. Performance is calculated using a time -weighted total rate of return, which links performance monthly, and Is reported gross of investment management fees and custodial fees, but after all trading expenses. Results reflect the reinvestment of income, dividends and other earnings, and include realized and unrealized gains and losses and interest accrued through the last day of each month. Results do not reflect the potential impact of taxes. Past performance is not necessarily indicative offuture results. Fees charged by Chandler Asset Management will reduce performance. 6. Net -of -fees performance returns are calculated by reducing the monthly gross performance by one -twelfth (1112) of the actual maximum applicable fee of 0..25%. These monthly retums are then geometrically linked to produce annual retums which are presented before custodial fees but after management fees, all trading expenses and withholding taxes. An account of $10 million charged a management fee of 0.40 of l % and with an annualized total return of 6% would have a value of $13,488,502 and would have paid fees of $266,218 after five years, Additional information regarding Chandler's fees is included in our Part 2A of Form ADV. 7. Asset weighted standard deviation of annual returns relative to the composite return is presented as a measure of composite dispersion. Policies for valuing portfolios, calculating performance, and preparing compliant presentations are available upon request. 8. From October 1992 until August 1993 the principals of Chandler Asset Management were associated with Acorn Asset Management. Performance during that period was achieved while they were associated with Acorn, r a i i® ® ® �t cis GIPS® Compliant Performance 6% 5% 4% - 3% 2% 1% 0% 1 Year INVESTMENT PERFORMANCE1 Short Term Bond June 30, 2011 3 Year 5 Year 10 Year ■Chandler Short Term Bond ®BofA ML 1-5 Year Government 9/30/1995 Period Chandler Short Term Bond BofA ML 1-5 Year Government 1 Year 3 Year 5 Year 10 Year Since Inception 9/30/1995 2.37% 4.54% 5.36% 4.68% 5.37% 2.10% 3.97% 5.05% 4.29% 5.08% 1All performance figures presented aboee are annualized. 2Returns are presented gross of fees. Please see next page for additional information about the composite . - no 11. AIM l_ - I UM IMO I - - me a ..... I�:A ® t. t� - ® VIM - c� GIPS° Compliant Performance Short Term Bond Annual Rates of Return 2001 through 2010 Gross Net of Fee Composite Firm Composite Composite Index Composite Number of Assets Pct of Firm Assets Return Return Return Dispersion Portfolios (MM) Assets (MM) 2001 9.39% 9.11% 8.53% 0.15% 2002 7.98% 7.71% 7.54% 0.22% .2003 2.75% 2.48% 2.15% 0.12% 2004 1.89% 1.63% 1.45% 0.08% 2005 1.58% 1.33% 1.45% 0.06% 2006 4.44% 4.18% 4..04% 0.06% 2007 7.45% 7.19% 7.88% 0.17% 2008 7.65% 7.38% 8.37% 0.56% 2009 2.80% 2.55% 0.91% 0.35% 2010 3.97% 3.71% 3.46% 0.10% 11 326.33 27.72% 1,177.15 12 322.40 24.43% 1,319.72 14 459.09 26.45% 1,735.41 17 463.57 ' 23.64% 1,960.83 17 507.61 19.98% 2,540.33 21 898.29 31.14% 2,884.73 24 1,074.07 32.69% 3,285.55 22 1,202.49 33.94% 3,542.87 29 1,553.53 35.35% 4,394.10 33 1,905.97 37.51% 5,080.90 Chandler Asset Management claims compliance with the Global Investment Performance Standards (GIPS®) and has prepared and presented this report in compliance with the GIPS standards. Chandler Asset Management has been independently verified by Beacon Verification Services for the period of June 30, 1997 through June 30, 2011. The ve ification report is available upon request. Verification assesses whether (1) the firm has complied with all the composite construction requirements of the GIPS standards on a firm -wide basis and (2) the firm's policies and procedures are designed to calculate and present performance In compliance with the GIPS standards. Verification does not ensure the accuracy of any specific composite presentation. 1. Chandler Asset Management is an independent investment adviser registered as such with the Securities and Exchange Commission under the Investment Adviser's Act of 1940. Since 1988, Chandler Asset Management has provided fixed income investment management services to the public sector, as web as to foundations, endowments, individuals and corporations. A complete list and description of all of the firm's composites and additional information regarding policies for calculating and reporting performance results is available upon request. 2. The Short Term Bond Composite is a composite of individually managed accounts with an average modified duration approximately equal to the modified duration of the Bank of America Merrill Lynch government 1-5 year index and a maximum final stated maturity of individual securities of five years. Leverage is not used in management of accounts in this composite. The minimum account size required to be included in this composite is $2 million. This composite was created in September 1995. The name of this composite was changed from 1-5 Year Government Fixed Income effective June 30, 2009. 3. The B of A Merrill Lynch Govemment 1-5 Year Index is comprised of securities issued.by entities of the US Government, including the US Treasury and Agencies such as Fannie Mae, Resolution Trust Funding and the Federal Horne Loan Bank. Corporate or foreign debt guaranteed by the US Govemment, such as USAID securities, may also be included in the index, All securities in the index must be investment grade, have fixed coupon rates or rates that change according to a predetermined schedule, and have at least one year but not greater than five years to maturity regardless of any call features. 4, Valuations are computed and performance reported in U.S. Dollars. 5. Performance is calculated using a time -weighted total rate of return, which links performance monthly, and Is reported gross of investment management fees and custodial fees, but after all trading expenses. Results reflect the reinvestment of income, dividends and other earnings, and include realized and unrealized gains and losses and interest accrued through the last day of each month. Results do not reflect the potential impact of taxes. Past performance is not necessarily indicative of future results. Fees.charged by Chandler Asset Management will reduce performance. 6. Net -of -fees performance retums are calculated by reducing the monthly gross performance by one -twelfth (1/12) of • the actual maximum applicable fee of 0,25%. These monthly returns are then geometrically linked to produce annual retums which are presented before custodial fees but after management fees, all trading expenses and withholding taxes. An account of 510 million charged a management fee of 0.40 of 1% and with an annualized total retum of 6% would have a value of $13,488,502 and would have..pald fees of $266,218 after five years. Additional information regarding Chandler's fees is included in our Part 2A of Form ADV. 7. Asset weighted standard deviation of annual returns relative to the composite return is presented as a measure of composite dispersion. Policies for valuing portfolios, calculating performance, and preparing compliant presentations are available upon request. Gal ndex Disclosures LAIF The California State Local Agency Investment Fund (LAIF) is an investment portfolio managed by the State Treasurer. All securities are purchased under the authority of Government Code Section 16430 and 16480.4 and include securities issued by entities of the U.S. Government, including the U.S. Treasury and Agencies, Corporate debt, Certificates of Deposit, Mortgage Backed Securities and certain loans to the State and state agencies. The average maturity of the Fund will be between 120 days and 18 months. BofA Merrill Lynch 0-3 Treasury Index The Merrill Lynch Treasury 0-3 Year Index is comprised of U.S. Treasury securities issued by the U.S. Government. All securities in the index must have fixed coupon rates and a maturity not greater than three years regardless of any call features. BofA Merrill Lynch Treasury 1-3 Year Index The Merrill Lynch Treasury 1-3 Year Index is comprised of U.S. Treasury securities issued by the U.S. Government. All securities in the index must have fixed coupon rates and have at least one year but not greater than three years to maturity regardless of any call features. BofA Merrill Lynch Government 1-5 Year Index The Merrill Lynch Government 1-5 Year Index is comprised of securities issued by entities of the U.S. Government, including the U.S. Treasury and Agencies such as Fannie Mae, Resolution Trust Funding and the Federal Home Loan Bank. Corporate or foreign debt guaranteed by the U.S. Government, such as USAID securities, may also be included in the index. All securities in the index must be investment grade, have fixed coupon rates or rates that change according to a predetermined schedule, and have at least one year but not greater than five years to maturity regardless of any call features. RESOLUTION NO. 2011— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CHANDLER ASSET MANAGEMENT, INC., TO PROVIDE INVESTMENT MANAGEMENT AND INVESTMENT ADVISORY SERVICES FOR A TWO-YEAR TERM WITH THREE ADDITIONAL ONE-YEAR OPTIONS, AND FEES BASED ON THE AVERAGE BALANCE OF ASSETS UNDER CHANDLERS DIRECT MANAGEMENT AT THE ANNUAL RATE OF SIX BASIS POINTS (0.06 OF 1%) WHEREAS, the City desires to employ an investment management firm to provide investment management and investment advisory services; and WHEREAS, it has been determined that Chandler Asset Management, Inc. (Chandler), is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services; and WHEREAS, the term of the Agreement will be for two-year with three additional one-year options, and fees based on the average balance of assets under Chandlers direct management at the annual rate of six basis points (0.06 of 1%). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City of National City and Chandler Asset Management, Inc., to provide investment management and investment advisory services for a two-year term with three additional one-year options, and fees based on the average balance of assets under Chandlers direct management at the annual rate of six basis points (0.06 of 1%). Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15, 2011 AGENDA ITEM NO.1O :M TITLE: Resolution Approving Investment Agreement with the San Diego County Treasurer -Tax Collector for Investment in the San Diego County Treasurer's Pooled Investment Fund, consistent with National City Investment Policy #203. Term of Agreement terminates when City of National City has withdrawn all funds from the Pool. PREPARED BY:, Leslie Deese, Asst. City Manager and DEPARTMENT: Cit nager PHONE: Committee Members (619- 336-4240) APPROVED larfi EXPLANATION: See attached Staff Report FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution. BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: I. Staff Report Agreement 3. Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN INVESTMENT AGREEMENT WITH THE SAN DIEGO COUNTY TREASURER -TAX COLLECTOR FOR INVESTMENT IN THE SAN DIEGO COUNTY TREASURER'S POOLED INVESTMENT FUND, CONSISTENT WITH NATIONAL CITY INVESTMENT POLICY NO. 203 WHEREAS, Government Code Section 53684 allows public agencies to deposit excess money into a county treasury for investment purposes; and WHEREAS, the County of San Diego ("County") has created a County Treasurer's Pooled Money Fund treasury for investment purposes; and WHEREAS, the County Investment Pool ranges in size from $3.7 to $6.3 billion in assets on an annual basis; and WHEREAS, in October 2011, County Treasurer/Tax Collector Dan McAllister reported that the Pool's cash has increased to a record $7.2 billion, and is managed to provide a maximum return while safeguarding principal and maintaining liquidity; and WHEREAS, on November 1, 2011, the City Council approved the Investment Management Services Committee's recommendation to participate in the San Diego County Treasurer's Pooled Investment Fund ("County Pool"), consistent with National City Investment Policy No. 203; and WHEREAS, the amount to be invested with the County Pool will be dependent on a cash flow analysis that will be conducted following City Council approval of the Agreement; and WHEREAS, the three primary objectives of the County Pool, which mirror National City's objectives, are (1) to safeguard principal; (2) to meet liquidity needs of Pool participants; and (3) to achieve an investment return on the funds within the guidelines of prudent risk management; and WHEREAS, the term of Agreement terminates when the City has withdrawn all funds from the Pool. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Investment Agreement with the San Diego County Treasurer -Tax Collector for Investment in the San Diego County Treasurer's Pooled Investment Fund, consistent with National City Investment Policy No. 203. Said investment Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council authorizes the deposit and withdrawal of the City's monies in the San Diego County Treasurer's Pooled Investment Fund in accordance with the provisions of Government Code section 53684 for the purpose of investment, as stated herein. --- Signature Page to Follow --- Resolution No. 2011 — November 15, 2011 Page Two PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Resolution Approving Investment Agreement with the San Diego County Treasurer -Tax Collector for Investment in the San Diego County Treasurer's Pooled Investment Fund, consistent with National City Investment Policy #203. Term of Agreement terminates when City of National City has withdrawn all funds from the Pool. Staff Report: On November 1, 2011, the City Council approved the Investment Management Services Committee's recommendation to participate in the San Diego County Treasurer's Pooled Investment Fund, consistent with National City Investment Policy #203. The amount to be invested with the County Pool will be dependent on a cash flow analysis that will be conducted following City Council approval of the agreement. County of San Diego Investment Pool The San Diego County Investment Pool is a local government money fund which ranges in size from $3.7 to $6.3 billion in assets on an annual basis. In October 2011, County TreasurerlTax Collector Dan McAllister reported that the Pool's cash has increased to a record $7.2 billion, and is managed to provide a maximum return while safeguarding principal and maintaining liquidity. The Pool was originally created in 1853 by the County Board of Supervisors to invest the assets of the County and other public agencies located within the County. The three primary objectives of the County Pool, which mirror National City's objectives, are: 1. To safeguard principal; 2. To meet liquidity needs of Pool participants; and 3. To achieve an investment return on the funds within the guidelines of prudent risk management. Investment Pool Participants: The County Pool is comprised of 42 school and community college districts, the local Airport Authority and 48 other special districts and is comprised of monies deposited by mandatory and voluntary participants. Mandatory participants include the County of San Diego K-12 school districts, community college districts and fire districts. Voluntary participants are those agencies that are not required to invest their monies in the County Pool and do so only as an investment option. Voluntary participants include cities and various special districts, including: • City of Del Mar • City of Chula Vista • City of Lemon Grove • San Diego County Regional Airport Authority • SANDAG • San Diego Housing Authority Pool Investments / Securities: The Pool monies are safeguarded through a minimum investment of 67% in AAA rated paper. The AAA rating indicates extremely strong protection against losses from credit defaults for those securities. The County does not invest in any securities that receive lower than an A -rating. The County of San Diego Pool Investments: • U.S. Treasuries • Federal Agency Securities • Negotiable CDs • Collateralized CDs • Repurchase Agreements • Commercial Paper • Medium Term Notes • Money Market Funds Pool Oversight: In accordance with State law, the authority to manage the County Pool assets is delegated to the County Treasurer's Office. The Pool's investment team, which has over 75 years of investment experience, reports directly to the County Treasurer. A ten -member Oversight Committee, comprised of County officials, school district officials, a special district official and up to five public members, meets regularly to review the Pool's investment strategy. Additionally, the County Investment Policy is reviewed and approved annually by the Oversight Committee and then approved by the County Board of Supervisors. The Policy focuses on risk management by setting limits on principal exposure and liquidity. Pool Strength and Stability: The County Pool has been rated AAA by Standard & Poor's (S&P) for the past 11 years. This is the absolute highest rating issued by S&P and indicates extremely strong protection against credit losses associated with the Pool's investments. S&P also assigned the Pool an S1 rating which indicates that the Pool possesses low sensitivity to changing market conditions due to its low risk profile and conservative investment policies. A disciplined approach has resulted in successful Pool management during the recent financial crisis. Diversification of security types, issuers, and Pool participants reduces the Pool's risk exposures and Pool balance and voluntary participation have increased, resulting in a new record high balance of $7.2 billion in April 2011. Pool Risk Factors: As mandated by State law, the County Pool is invested in a conservative manner and limits the investments to fixed -income securities. As such, the Pool is prohibited from investing in equities (stocks), index funds and any of the following derivative notes; inverse floaters, range notes, interest only strips derived from a pool of mortgages, and any security that could result in a zero interest accrual. Although many risks are mitigated by strict adherence to State law and the County's Investment Policy, some risks still remain. The three main risk factors facing many investment pools are: • Credit risk: The Pool's exposure to credit risk is lessened by diligent compliance to established credit guidelines and by limiting the allocation to certain types of securities. • Liquidity risk: As of August 31, 2011 the Pool has 75.5% in securities maturing one year or less in response to market and political uncertainties. The Pool seeks to reduce the amount of liquidity risk and to provide the necessary liquidity to Pool participants by limiting both the maturing length of securities and the allocation to moderately liquid and illiquid securities. A minimum of 50% of the Pool is invested in securities that mature in one year or less and at least half of those securities mature within 90 days. • Interest rate risk. The effects of interest rate risk are managed in the Pool by limiting the Pool's maximum duration and implementing a "buy -and - hold" investment strategy. By employing this strategy, the Pool is able to avoid realized losses resulting from a rise in interest rates. Credit Quality: The investment portfolio is heavily invested in the highest quality securities. Managers limit the potential loses due to credit risk and market risk by investing in highly rated paper rated at least A or better by Standard & Poor's. The AAA rating signifies that the pool possesses low sensitivity to changing market conditions given its low risk profile and conservative investment policies. S&P regularly monitors the pool's portfolio holdings to maintain the accuracy of its credit quality and volatility profile. Portfolio Assets: The Pool's primary objectives are to safeguard investment principal, to maintain adequate liquidity to meet daily and longer-tem projected cash flows and to achieve an investment return on the funds within the parameters of prudent risk management. The pool continues to invest in top -tier commercial paper, U.S. Agencies, medium term notes, `AAAm' rated money market mutual funds, repurchase agreements and other high credit quality short- term money market securities. The pool, which averaged $5.5 billion in assets during the past year, invests a minimum of 25% in securities maturing overnight to 91 with a total of 50% maturing (one year or less) and the remainder of the portfolio in securities maturing in five years of less. Fees: The Investment Pool allocates net earnings to its participants on a quarterly basis, with investment and administrative fees deducted from total earnings prior to distribution. Historical fees have remained competitive, averaging between 13 and 15 basis points as a percentage of participants' average daily Investment Pool balance. Banking expenses, software expenses, and Treasury personnel comprise the majority of the quarterly fees. A more detailed schedule of historical investment and administrative costs may be found in the Investment Pool CAFR on the San Diego County Treasurer's website at www.sdtreastax.com. Regional Education Resources: The County of San Diego offers a series of annual financial training seminars that are open to all pool participants, including • Cash Handling Certification Workshop • Debt Seminar • Investment Symposium • Pool Participant Annual Meeting • Fraud Prevention Seminar This is a valuable resource given the City's reduction in training and travel opportunities available to staff. Reference Checks: City staff talked to several of the cities who participate in the County's Investment Pool. All of the cities provided positive feedback on their participation in the County Pool and the ease in working with the County's investment staff. Additionally, several Committee members visited the County offices to experience firsthand how the trading desks work. The Committee feedback was that the facility is professionally staffed and security of the operation is assured by back up procedures as well as oversight of the operation. Investment staff appears very knowledgeable of their roles in the management of public funds. Resource Impacts • Available Funding — The Investment Pool allocates net earnings to its participants on a quarterly basis, with investment and administrative fees deducted from total earnings prior to distribution. • Staffing, Workload Impact — The City Manager's Office, the City Treasurer, Finance and Accounting staff will monitor the County Pool's performance. • Future Budget Implications — There will be no expenditure budget implications. Additional investment income may be realized. Next Steps: If the Agreement with the County Pool is approved by Council on November 15th, the next steps in the process would be: Conduct Cash Flow Analysis (Chandler/Staff) Investment Policy Update (Council Action) Review Cash Flow Projections (Staff) Wire Portal Training w/County (Staff) Transfer of Cash / Investment (Staff) CDC / Redevelopment Inv. Mgmt. Contract & Subsequent Fund Transfer November -December December 6, 2011 December 2011 December 2011 January 2012 TBD - After January 15, 2012 California Supreme Court Decision • • TREASURER -TAX COLLECTOR COUNTY ADMINISTRATION CENTER • 1600 PACIFIC HIGHWAY, ROOM 112 SAN DIEGO, CALIFORNIA 92101-2475 • (619) 595-4605 FAX (619) 557-5398 website: http://www.sdtreastax.com INVESTMENT MANAGEMENT AGREEMENT PROVIDING FOR INVESTMENT IN THE SAN DIEGO COUNTY TREASURER'S POOLED INVESTMENT FUND Dan McAllister TREASURER -TAX COLLECTOR THIS INVESTMENT MANAGEMENT AGREEMENT ("Agreement") IS ENTERED INTO AS OF November 15, 2011, BY AND BETWEEN City of National City, ("Agency") AND THE SAN DIEGO COUNTY TREASURER -TAX COLLECTOR ("Treasurer"). RECITALS A. Agency is a local public agency within the County of San Diego that is authorized by law to deposit funds to be managed and invested by the Treasurer. B. The governing body of Agency has by action dated November 15, 201 1, requested that the Treasurer accept a deposit of Agency's funds to be deposited in the San Diego County Treasurer's Pooled Investment Fund, ("the Pool"), which contains County funds and money deposited by other local public agencies. C. Treasurer has provided Agency with a copy of the Treasurer's Investment Policy for the Pool ("Policy") adopted pursuant to Government Code section 27133, and Agency has reviewed the policy prior to entering into this Agreement. A copy of the Policy is attached hereto as Exhibit A. The Policy is subject to annual revision. IN VIEW OF THE ABOVE RECITALS, THE PARTIES AGREE AS FOLLOWS: 1. Deposit of Funds. Agency will deposit $ with Treasurer to be managed and invested as part of the Pool. Agency may, from time to time, as authorized by its governing body and with the approval of the Treasurer, deposit additional funds with the Treasurer pursuant to this Agreement. Agency will provide the Treasurer with written documentation of its governing body's approval of the deposits. 2. Investment of Funds. Treasurer will manage and invest deposited funds in accordance with the Policy including any amendments or revisions to the Policy. 3. Notice of Amendments or Revisions of Policy. Treasurer will provide Agency with a copy of any amendments or revisions of the Policy within 30 days of the amendment or revision. 4. Non -Liability for Investment Results. Agency understands and agrees that as long as Treasurer invests the deposited funds in accordance with the Policy, neither Treasurer nor the. County of San Diego shall be responsible or liable for any investment losses suffered by Agency or for any underperformance of the funds deposited. 5. Term of Agreement and Withdrawal of Funds. The term of this Agreement commences on the date set forth above and terminates when Agency has withdrawn all funds from the Pool. Agency may withdraw all or any portion of its funds subject to the conditions set forth in paragraph 35 of the Policy. Treasurer may terminate this agreement by giving Agency thirty days notice of termination, at which time Agency must withdraw all its funds from the Pool. 6. Reports and Annual Meeting. Agency shall provide Treasurer with cash flow reports on a quarterly basis indicating projected contributions to and withdrawals from the Pool. Treasurer shall provide Agency with monthly reports covering the performance of the pool and shall annually meet in person with Agency representatives to discuss any issues between the parties. 7. Disputes. The Parties agree to attempt to resolve any disputes under this Agreement by informal means and, if necessary, by mediation. Should mediation fail to resolve the dispute, either party may pursue its legal remedies. 8. Contacts for Responsibility. This Agreement shall be administered on behalf of the Treasurer by Lisa Marie Harris, Deputy Treasurer, and on behalf of Agency by Leslie Deese. Either party, by written notice to the other, may change the person responsible for administering this Agreement. 9. Notices. Any notices provided for in this Agreement shall deliver personally or by United States mail, as follows: Treasurer: Lisa Marie Harris, Chief Deputy Treasurer 1600 Pacific Hwy., Room 102 San Diego, California 92101 Agency: Leslie Deese, Assistant City Manager 1243 National City Boulevard National City, California 91950 Either party, by written notice to the other, may change the name and/or address to which written notices must be delivered. 10. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any previous oral or written agreements. This Agreement may be amended only by written amendment executed by both parties. SAN DIEGO COUNTY TREASURER -TAX COLLECTOR By: AGENCY By: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2011 AGENDA ITEM NO. 16 .M TITLE: City Council approval for the City of National City to participate in the County of San Diego Investment Pool. PREPARED BY: Leslie Deese, Asst. City Manager and DEPARTMENT: City Manager PHONE: Committee Members (619- 336-4240) APPROVED BY: EXPLANATION: See attached Staff Report FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: The Committee recommends that the City Council approve the City's participation in the County Pool for National City's short-term cash flow needs. BOARD /COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Exhibit A (Summary of Investment Portfolio) 3. County of San Diego Presentation to Committee (Dated 9/12/11) Staff Report: The purpose of this report is to recommend the City Council approve the City of National City's participation in the County of San Diego Investment Pool for the reasons set forth herein. If the City Council approves the City's participation in the County's Investment Pool, the Agreement will follow at the next regularly scheduled meeting on November 15, 2011. The amount to be invested would be dependent on a cash flow analysis that would be conducted in November / December 2011. Background: The City of National City and the National City Community Development Commission (CDC) (collectively referred to as "City") have historically managed its own funds using investment pools and short to medium term securities. Over the years,'th6 City's investment balance has grown to a point where the City can now invest in more long term instruments and improve the current performance of its investments. Today's dire economy has forced us to consider different ways of how we invest City funds. For example, in 2007, total investment earnings at 5.25% for all funds yielded $2,346,415 compared to 2011 investment earnings at 0.4% yielding $438,636 to date. Although the generation of revenues through interest earnings on investment is an appropriate City goal, the primary consideration in the investment of City funds is safety of funds by preserving capital in the overall portfolio. As such, the City's yield objective is to achieve a reasonable rate of return on City investments rather than the maximum generation of income, which could expose the City to unacceptable levels of risk. National City's Current Investment Portfolio: The combined value of the City's portfolio is approximately $50 million of various fund types which is currently placed between the California Treasurer's Local Agency Investment Fund (LAIF), at 75.39%, and other low risk securities. (Exhibit A) This amount fluctuates depending on expenditures, such as payroll and other day-to-day operations. LAIF is a liquid investment pool which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. The deposit limit for regular accounts is at $50 million. Over the last couple of years, due to staffing resource limitations and competing priorities, as portfolio investments matured, the proceeds were placed in LAIF rather than reinvested in other instruments. While LAIF is a secure investment that is posting market earnings that meet the City's investment goal, a concentration of the City's portfolio placed predominately in LAIF lacks diversity. Additionally, the rate of return continues to decline; going from .538 in January 2011 to .378 in September 2011. The State Treasurer's office predicts that rates are anticipated to decline even further in the coming months. For comparison purposes, for the month ended June 30, 2011, LAIF's monthly average effective yield was 0.45%, compared to the County's average effective yield of 0.86%. On July 19, 2011, the City Council approved a Request for Proposal (RFP) for Investment Management Services for the City of National City and approved the creation of a committee tasked with evaluating proposals and bringing forward a recommendation of up to two qualified firms for its investment portfolio. Utilizing the services of a professional investment advisor to manage a portion of the City's portfolio may enable to the City to achieve some "added value" and allow City staff to assume other critical finance related responsibilities. The RFP process has been completed and a separate item is docketed on the November 1, 2011 Council agenda recommending the selection of Chandler Asset Management. The RFP assumed the investment of both the City and CDC funds; however, due to AB x 27 and the pending Supreme Court stay, the City Attorney advises that the CDC funds must remain invested with LAIF until a final determination has been made by the State Supreme Court. During the RFP process, City staff became aware of several local agencies and cities in the County that participate in the San Diego County Investment Pool. The Committee requested the County make a presentation on the Investment Pool (Exhibit B). The County offers two options to its participants: 1. Invest in the County Pool which provides more flexibility for day-to-day cash flow needs; 2. A dedicated Portfolio which provides long term investment needs such as matching long term liabilities. Committee Recommendation: The Committee recommends that the City Council approve the City's participation in the County Pool for National City's short-term cash flow needs. The Committee considered several factors in its recommendation: • Provides safety, returns, liquidity, and functionality comparable to that of LAIF in which National City is already invested; • Increased accountability. The City has no accountability with LAIF. The proposed relationship with the County would create a level of accountability that does not currently exist. • Diversification of investment portfolio; • Provides more flexibility for day-to-day cash flow needs; • Accommodates National City's liquidity needs upon reasonable notice due to the size of the Pool; • High liquidity with short term bond yield; • Local access to investment and accounting staff. County of San Diego Investment Pool: The San Diego County Investment Pool is a local government money fund which ranges in size from $3.7 to $6.3 billion in assets on an annual basis. In October 2011, County TreasurerfTax Collector Dan McAllister reported that the Pool's, cash has increased to a record $7.2 billion, and is managed to provide a maximum return while safeguarding principal and maintaining liquidity. The Pool was originally created in 1853 by the County Board of Supervisors to invest the assets of the County and other public agencies located within the County. The three primary objectives of the County Pool, which mirror National City's objectives, are: 1. To safeguard principal; 2. To meet liquidity needs of Pool participants; and 3. To achieve an investment retum on the funds within the guidelines of prudent risk management. Investment Pool Participants: The County Pool is comprised of 42 school and community college districts, the local Airport Authority and 48 other special districts and is comprised of monies deposited by mandatory and voluntary participants. Mandatory participants include the County of San Diego K-12 school districts, community college districts and fire districts. Voluntary participants are those agencies that are not required to invest their monies in the County Pool and do so only as an investment option. Voluntary participants include cities and various special districts, including: • City of Del Mar • City of Chula Vista • City of Lemon Grove • San Diego County Regional Airport Authority • SANDAG • San Diego Housing Authority Pool Investments 1 Securities: The Pool monies are safeguarded through a minimum investment of 67% in AAA rated paper. The AAA rating indicates extremely strong protection against losses from credit defaults for those securities. The County does not invest in any securities that receive lower than an A -rating. The County of San Diego Pool Investments: • U.S. Treasuries • Federal Agency Securities • Negotiable CDs • Collateralized CDs • Repurchase Agreements • Commercial Paper • Medium Term Notes • Money Market Funds Pool Oversight: In accordance with State law, the authority to manage the County Pool assets is delegated to the County Treasurer's Office. The Pool's investment team, which has over 75 years of investment experience, reports directly to the County Treasurer. A ten -member Oversight Committee, comprised of County officials, school district officials, a special district official and up to five public members, meets regularly to review the Pool's investment strategy. Additionally, the County Investment Policy is reviewed and approved annually by the Oversight Committee and then approved by the County Board of Supervisors. The Policy focuses on risk management by setting limits on principal exposure and liquidity. Pool Strength and Stability: The County Pool has been rated AAA by Standard & Poor's (S&P) for the past 11 years. This is the absolute highest rating issued by S&P and indicates extremely strong protection against credit losses associated with the Pool's investments. S&P also assigned the Pool an S1 rating which indicates that the Pool possesses low sensitivity to changing market conditions due to its low risk profile and conservative investment policies. A disciplined approach has resulted in successful Pool management during the recent financial crisis. Diversification of security types, issuers, and Pool participants reduces the Pool's risk exposures and Pool balance and voluntary participation have increased, resulting in a new record high balance of $7.2 billion in April 2011. Pool Risk Factors: As mandated by State law, the County Pool is invested in a conservative manner and limits the investments to fixed -income securities. As such, the Pool is prohibited from investing in equities (stocks), index funds and y any of the following derivative notes; inverse floaters, range notes, interest only strips derived from a pool of mortgages, and any security that could result in a zero interest accrual. Although many risks are mitigated by strict adherence to State law and the County's Investment Policy, some risks still remain. The three main risk factors facing many investment pools are: • Credit risk: The Pool's exposure to credit risk is lessened by diligent compliance to established credit guidelines and by limiting the allocation to certain types of securities. • Liquidity risk: As of August 31, 2011 the Pool has 75.5% in securities maturing one year or less in response to market and political uncertainties. The Pool seeks to reduce the amount of liquidity risk and to provide the necessary liquidity to Pool participants by limiting both the maturing length of securities and the allocation to moderately liquid and illiquid securities. A minimum of 50% of the Pool is invested in securities that mature in one year or less and at least half of those securities mature within 90 days. • Interest rate risk. The effects of interest rate risk are managed in the Pool by limiting the Pool's maximum duration and implementing a "buy -and - hold" investment strategy. By employing this strategy, the Pool is able to avoid realized losses resulting from a rise in interest rates. Credit Quality: The investment portfolio is heavily invested in the highest quality securities. Managers limit the potential loses due to credit risk and market risk by investing in highly rated paper rated at least A or better by Standard & Poor's. The AAA rating signifies that the pool possesses low sensitivity to changing market conditions given its low risk profile and conservative investment policies. S&P regularly monitors the pool's portfolio holdings to maintain the accuracy of its credit quality and volatility profile. Portfolio Assets: The Pool's primary objectives are to safeguard investment principal, to maintain adequate liquidity to meet daily and longer-tem projected cash flows and to achieve an investment return on the funds within the parameters of prudent risk management. The pool continues to invest in top -tier commercial paper, U.S. Agencies, medium term notes, 'AAAm' rated money market mutual funds, repurchase agreements and other high credit quality short- term money market securities. The pool, which averaged $5.5 billion in assets during the past year, invests a minimum of 25% in securities maturing overnight to 91 with a total of 50% maturing (one year or Tess) and the remainder of the portfolio in securities maturing in five years of less. Fees: The Investment Pool allocates net earnings to its participants on a quarterly basis, with investment and administrative fees deducted from total earnings prior to distribution. Historical fees have remained competitive, averaging between 13 and 15 basis points as a percentage of participants' average daily Investment Pool balance. Banking expenses, software expenses, and Treasury personnel comprise the majority of the quarterly fees. A more detailed schedule of historical investment and administrative costs may be found in the Investment Pool CAFR on the San Diego County Treasurer's website at www.sdtreastax.com. Regional Education Resources: The County of San Diego offers a series of annual financial training seminars that are open to all pool participants, including • Cash Handling Certification Workshop • Debt Seminar • Investment Symposium • Pool Participant' Annual Meeting • Fraud Prevention Seminar This is a valuable resource given the City's reduction in training and travel opportunities available to staff. Reference Checks: City staff talked to several of the cities who participate in the County's Investment Pool. All of the cities provided positive feedback on their participation in the County Pool and the ease in working with the County's investment staff. Additionally, several. Committee members visited the County offices to experience firsthand how the trading desks work. The Committee feedback was that the facility is professionally staffed and security of the operation is assured by back up procedures as well as oversight of the operation. Investment staff appears very knowledgeable of their roles in the management of public funds. County of San Diego's Relationship with Chandler Asset Management:. An accompanying agenda item recommends the selection of Chandler Asset Management as the City's Investment Management firm. Because Chandler serves in an advisory capacity to the County of San Diego, the Committee wanted to ensure there would not be a conflict of interest. Neither the County nor Chandler believes a conflict of interest would exist. Chandler provides advice to the County; they do not handle their investment portfolio. Chandler will provide advice separately to the City of National City and the. County of San Diego; the advice provided to one would not influence the advice provided to the other. Furthermore, Chandler would only be compensated on assets National City places under their direct management; not for assets managed by the County. Resource Impacts • Available Funding — The Investment Pool allocates net earnings to its participants on a quarterly basis, with investment and administrative fees deducted from total earnings prior to distribution. Staffing, Workload Impact — The City Manager's Office, the City Treasurer, Finance and. Accounting staff will monitor the County Pool's performance. • Future Budget Implications — There will be no expenditure budget implications. Additional investment income may be realized. Next Steps: If the City Council approves the Committee's recommendation to participate in the County Investment Pool, the next steps in the process would be: Execute Agreement (Council Action) Conduct Cash Flow Analysis (Chandler/Staff) Investment Policy Update (Council Action) Review Cash Flow Projections (Staff) Wire Portal Training w/County (Staff) Transfer of Cash / Investment (Staff) CDC / Redevelopment Inv. Mgmt. Contract & Subsequent Fund Transfer November 15, 2011 November -December December 6, 2011 December 2011 December 2011 January 2012 TBD - After January 15, 2012 California Supreme Court Decision Exhibit A SUMMARY OF INVESTMENT PORTFOLIO As of June 30, 2011 INVESTMENTS HELD BY THE CITY YTM %of Investment Type Book Value Market Value 365 Equiv. Portfolio LAIF 30,266,02000 38,326,345.23 0.448% 75.39% Medium Term Notes 500,000.00 510,320.00 4.000% 0.99% Federal Agency Securities 9,989,750.00 10,062,622.10 2.228% 19.68% CDARS Program 2,000,000.00 2,000,000.00 1.050% 3.94% Totals for June 2011 50,755,770.0D 50,899,287.33 0.857% 100.00% Totals for June 2010 - 51,556,596.76 Portfolio increase from same quarter last year Federal Agency Securities 19 88% Medium Term Notes 0.99% Investments Liquidity -800,025.76 CDARS Program 3.94% LAIF 75.39% Book Value % of Portfolio On Demand Within One Month One Month to One Year One Year to Two Years Five Years City of National City Finance Department 38,266,020.00 75.39% 3,000,000.00 591% 7,489,760.00 14.76% 1,000,000.00 1.97% 1,000,000.00 1.97% 50,755,770.00 100-00% County of San Diego Presentation to National City CONTENTS County of San Diego Investment Pool September 12, 2011 Dan McAllister San Diego County Treasurer -Tax Collector N0.2 No.4 No.6 Presentation to National City Sample Pool and Dedicated Reports Reports from Chandler Asset Management Pool Investment Agreement Dedicated Portfolio Investment Agreement Investment Policy S&P Rating Requirements Upcoming Seminars, Treasury Oversight Committe Agenda & Roster l l IMF SCI3 44 h AVERY° READY INDEX° DIVIDERS County of San Diego Pre.s:entation to National City • CI County's Leadership Roles 1:1 Pool Operations • Management Structure O Strength and Stability O Processes, Procedures, Internal Control, and Reporting 1:1 Pool Characteristics and Composition U Participants Characteristics O Cities and Other Voluntaries 0 Portfolio Characteristics CI Proposal to National City. 0 Advantages of Investing with the County CD Portfolio Set -Up and Requirements O Considerations in Selecting a Manager CI Questions & Comments 2 County's Leadership Roles CI San Diego County is rated AAA by Standard & Poor's ❑ Awards ❑ 2011 Certificate of Achievement for Excellence in Financial Reporting, Government Finance Officers Association (GFOA) ❑ 2011 National Association of Counties (NACo). Awards ❑ Workflow Prioritization Matrix ❑ Improved Administration of County PoolInvestment Strategy . Treasury Oversight Committee CI Quarterly Oversight Committee Meeting - October 19, 2011 ❑ Regional. Education Resource - Annual Seminar Series ❑ Cash Handling Certification Workshop - September 9, 2011 ❑ Debt Seminar - November 2, 2011 ❑ Investment Symposium - February 10, 2012 O Cash Handling Certification Workshop - February 10, 2012 ❑ Pool Participant Annual Meeting - February 10, 2012 ❑ Fraud Prevention Seminar - July 2012 3 County's Leadership Roles Staff Memberships and Affiliations with Indstry Organizations ❑ California Association of County Treasurers and Tax Collectors - Board Member ❑ Ca1TRUST - Board Member ❑ Government Finance Officers Association - Board Member ❑ Investment Managers Public Agency Council - Founding Member ❑ Association of Finance Professionals - Member ❑ California Municipal Treasurers Association - Education Committee Member ❑ California Society of Municipal Finance Officers - Member ❑ Association Certified Fraud Examiners - Member ❑ Association of Public Treasurers- Member 4 Pool Operations Management Structure : INVESTMENT DIVISION Dan McAllister Treasurer — Tax Collector Lisa Marie Harris Chief Deputy Treasurer Rob Castetter Chief Investment Officer Mark van den Herik, CFA Investment Officer Grace Chang , CFA InvestmentOfficer Chandler Asset Management External Investment Adviser Christy White Accountancy Corporation. External Auditing Firm Alejandra Lopez Assistant to Chief De u Treasurer • • • • ACCOUNTING DIVISION Rebecca Shobe Treasury Accounting Manager Erik Mezack, CPA Assistant Accounting Manager Tony Wen Senior Accountant Bobby Bacasen, CPA Associate Accountant Roxanna Galvan Associate Accountant 6 Strength and Stability ❑ The Pool has been rated AAAf by Standard & Poor's for the past 11 years ❑ A disciplined approach resulted in successful Pool management during the recent financial crisis ❑ Diversification of security types, issuers, and Pool participants reduces the Pool's risk exposures ❑ Pool balance and voluntary participation have increased, resulting in a new record high balance of $7.2 billion in April 2011 Highest Balance from 2001 2011 YTD (billions) 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 YTD 7 Investment Team Processes ❑ Analyze cash flows and identify investable funds D Evaluate economic and market conditions CI Monitor portfolio performance and credit exposure D Develop and execute investment strategy ❑ Manage long term carve -out portfolio in accordance to its custom benchmark (custom benchmark: 30% 1-5 Treasury, 40% 1-5yr Agency, 30% 0-1 Treasury ) Assist with debt structuring and pricing for County and school district debt issues 8 Processes, Procedures & Internal Control Treasury Accounting Trade Functions • Security settlement • Daily cash position • Portfolio reporting • Internal portfolio accounting Treasury Accounting Reconciliation and Reporting Functions • Daily and monthly bank reconciliations • Monthly investment reporting • S&P reporting • Audit coordination • CAFR preparation for Investment Pool Treasury Accounting Wire Transfer Functions • Validation of fund/bank balances • Dual verification and approval of wire transfers • Processing of Investment Pool participant wire requests 9 Wire Portal Process Web -based platform for wire requests and approvals ❑ Authorized requestors & approvers established in Wire Administration and Request Portal (WARP) 0 For ease of use, requestors establish recurring templates for routine wire transactions ❑ Requestors have the ability to request a free form wire as needed 0 Wire requests require a two- day advance notice for processing 0 Wirescan be requested with less than two-day notice for exception processing F WireTransferReg0osf - Windows Internet Explorer IJEIID . i kt,.., uwvs2 dcountv.w,gwfrrs/WisTrand NhIs r l;i" T' go • thexx'n ail ^n We tAl Ner Gavottes Fools hrh *seWraas I *Cameo** a web5ice Gekory <. i k ''iris , f 'r K ..+s;'` 1t" 1 r • a lt, x r #(13�'.:Gk.,ntw rr Wire Transfer Request Farm _� Pleajse Preside lME9ifewllgMEsErn, ols,_en requesting genre transfer, DO lnfosmallon should be(ecelwdatbuatlwo (2) days retort) wire dale, llponre Wlptaf regoeet etwidged numberwlllbaaenttayau efa awl The . 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Task. .Award OradeFand Amount I 11 1 11 ' I 11 I L I u . a' a; I . ,..1,° 1..�m C � I a1^L L_,.. 10 Portfolio Reporting to Standard & Poor's ❑ Transparent production of Monthly Investment Reports 0 Staff prepares all reports required per the Investment Policy CI All monthly investment reports are available on the San Diego County Treasurer -Tax Collector website: http://wWw.co.san- diego.ca.usittc/investment-results.html Ca Na- T•wear v— — P'_Ill 71r f .ef wz C;" . County of San Diego k ;,'Treasaarca-- 'ax Co1!ectof` A b,2al Il-. Na-vv Tre�.aua„t, Mnool faa.on€r.11 Report. t Inv&.tna,nt Raroulta I TREASURY 'INVESTMENT. RESVLTS The Treasaatlf Monthly Management Report for the County Of San Diego is produced and distobutad the 15Hl ofRfofath, Ice the prev*Otaf month. The information provide*, induclin6 all charts. tables, gasping IwmMutrtpleantatbns, Is provided to reWca solely as a general overview of the economic and Market conditions which the Treasure. utilizes in making Investment decisions. To view the report. you can dick the monthand year Note: The monthly reports are ovakable on lime stare g with January 2007 to the nun month or to .roane date. una Qa eedses eissamble lasc..r:ear Decaemer tloa ya,nrmaa[ Nme:dee Wee* tlfomOvv[ Ai. 4QYVS MrMav 4132tta[ MM.n Wnisrfro.r i Ssm Pennon. [uquai. Awn, *1020 alarm' LUSO. 1aML 6r1t 1Y[7 hilt 6.1OS Of. Woo ... i,tt cc. 1 Wira.,rrrnafer f:c4urst> f Fvcni 62 & taironForm I Fr.. PAY YC.UR BILL • art RSO.t377 3773 Iti ,ny kay Falarar'ae: Lt NCL,WI MED MONIES ti:tiraa.:urY Me... El tot ( 1• '� ['rW Pealef nlon.Y J tuna 302OLL.... '[Tt SFofaarnO A... • en '.Lr9G Pfa 11 Pool Characteristics and Composition Pool Participants Characteristics As ofAug 31, 2011 Pool Participant Breakdown Community Colleges 16.73% Schools 39.37% County Funds 29.18% Voluntary Depositors 8.50% Non County Funds 6.22% Ten Largest Pool Participants Top Pool Participants Balance Percentage San Diego County Schools (K-12) $ 2,352,988,000 San Diego Community Colleges 39.37% 565,679,000 9.45% SD County Regional Airport Authority 269,292,000 4.51% Southwest Community College SANDAG 99,405,000 50,283,000 1.66% 0.84% Total $ 5,813,544 000 97.26% 13 Cities and Other Voluntaries Cities and Other Voluntary Participants ❑ City of Del Mar ❑ City of Chula Vista O City of Lemon Grove 0 San Diego County Regional Airport Authority • SANDAG • San Diego Housing Authority Top Rationales for Participating 0 Diversification ❑ High L'quidity with Short Term Bond Yield Cl Convenience & Flexibility O Invest Bond Proceeds to Obtain Competitive Yields Relative to GICs ❑ Local Access to Investment & Accounting Staff 14 Federal Agency 65.08% Bank Notes 1.50% Treasury Notes 4.59%0 Treasury Bill 1.08°/0 Asset Allocation & Credit Quality As ofAug31,2011 Asset Allocation Medium Term Repurchase Notes Agreement 0.43% 0:01% Money Market 2.10%. Bond Fund 0.59% Collateralized/ FDIC CD 1.00% Commercial Paper 19.28% Negotiatble CDs 4.34% Credit Quality A-1+ 43.35% AA+ 38.67% 15 Pool Liquidity 1:1 As of August 31, 2011 the Pool has 75.5% in securities maturing one year or less in response to market and political uncertainties 50% 40% 30% 20% 10% 0% Pool Maturity Distribution (year over year comparison) 30 days or 90 days 6 months 1 year 2 year 3 year 4 year 5 year less 16 Proposal to National City Advantages of Investing.with the County 0 The San Diego County Pool is rated AAA by Standard & Poor's 0 The size of the Pool allows for accommodating your liquidity needs upon reasonable notice a Scale advantage in operation and transaction costs O. Experienced investment staff with a combined experience of 65 years Resources available for focusing on public pool investing and management ❑ Chandler Asset Management- San Diego County Pool Investment Advisor Close proximity to your office, keeping your money local ❑ Dedicated portfolios (optional) allow for flexibility 18 Portfolio Set -lip and Requirements Two options available: ❑ Invest in the Pool- provides more flexibility for day to day cash flow needs ❑ Dedicated portfolio - provides long term: investment needs such as matching long term liabilities (fee is approximately 0.05%) ❑ All participants must provide an annual forecast and continuing updates of cash flow needs 19 Considerations in Selecting a Manager ❑ The manager's history including its total assets under management (UAM) and growth of UAM ❑ The manager's familiarity with California Government Codes ❑ The manager's experience in servicing similar type of clients and references from another city, if possible ❑ The stability and depth of its staff in terms of experience and turnover of the employees ❑ The mechanics of money in terms of control of funds and custodian issues ❑ Appropriate insurance for the manager 20 Questions & Comments ❑ Contact Information ❑ Dan McAllister, Treasurer -Tax Collector ❑ Lisa Marie Harris, Chief Deputy Treasurer Cl Rob Castetter, Chief Investment Officer ❑ Grace Chang, Investment Officer To reach contacts above please call or email Alejandra Lopez at 619.531.5222 or Alejandra.Lopez2@ sdcounty.ca.gov 21 Sample Pool Repotting Fannie Mae Corporate Medium,Tern Notes Bond Fund Money Market Funds Repurchase Agreements Negotiable Certificates of Deposit Bank Notes CommercialPaper Collateralized/FDIC''Certificates of Deposit Totals for July 2011 Totals for June 2011 Change From Prior Month Portfolio Effective Duration Book Value Market Value Summary Portfolio Statistics County of San Diego Pooled Money Fund as of July 31,2011 US Treasury Bill US Treasury Notes FNMA Discount Notes Federal Farm Credit Bank Notes Federal Farm Credtt Bank Disc Notes. Percent of Portfolio 0.90% 4.51% 8.32% 2.85% 8.11% Federal Home Loan Bank Notes 10.99% Federal Home Loan Mortg. Corp. Disc Notes 8.35% Federal Home Loan Mortg, Corp. Notes 8.53% 14.01 % 0.42% 0.58% 1.77% 0.01% 6.32% 1.48% 21.86% 0.99% 100.00% Book Value $54,936,778 265,368,987 507,095,067 172,827,710 494,832,750 664,570,589 508,881,834 517,070,969 849,835,354 25,154,016 35,000,000 107,785,000 517,718 385,000,000 90,000,000 1,333,569,834 60,161,000 $6,072,607,606 Market Price 99.88% 103.61% 99.93% 100.30% 99.83% 101.30% 99.91% 101.29% 101.06% 102.64% 100.40% 100,00% 100.00% 100.00% 100.00% 99.99% 100.00% 100.55% 100.00% $5,836,902,268 100.56% 235,705,338 (.01%) 0.580 years July Return 0.071 % 0.065% Annualized 0.838% 0.765% Fiscal Year To Date Return 0.071% 0.065% Accrued Interest $0 2,018,023 0 377,999 0 3,322,680 0 2,208,000 6,906,504 586,215 37,650 4,745 2 28,582 4,500 0 13,072 $15,507,972 $15,515,018 ($7,046) Annualized 0.838% 0.765% Market Value $54,934,500 274,577,816 506,900,129 173,447,163 494,167,765 669,621,457 508,633,051 519,991,150 854,375,086 25,659,750 35,140,140 107,785,000 517,718 385,000,000 90,000,000 1,333,469,244 60,161,000 $6,094,380,969 $5,856,303,122 $238,077,847 Calendar Year To Date Return 0.412% 0.378% Net Unrealized Gain/(Loss) (2,278) 9,208,829 (194,938) 619,453 (664,985) 5,050,868 (248,783) 2,920,181 4,539,732 505,734 140,140 0 0 0 0 (100,590) 0 $21,773,363 Weighted Average Yield to Yield to Days to Maturity Worst Maturity 0.14% 0,14% 295 2.99% 2.99% 639 0.15% 0.15% 70 1.37% 1.37% 893 0.24% 0.24% 47 1.42% 1.08% 895 0,15% 0.15% 101 1.37% 1.05% 941 1.66% 1.00% 937 4.04% 4.04% 206 0.52% 0.52% 537 0.01 % 0,01% 25 0.05% 0.05% 1 0.12% 0.12% 37 0.18% 0.18% 51 0.11% 0.11% 19 0.39% 0.39% 235 0.78% 0.62% 398 $19,400,854 0.84% 0.64% 425 $2,372,509 (.06%) (.02%) (27) Annualized 0.710% 0.652% Nbte: Yield to maturity (YTM): Is the estimated rate of return on a bond given its purchase price, assuming all coupon payments are made on a timely basis and reinvested at this same rate of return to the maturity date. Yield to call (YTC): is the estimated rate of return on a bond given its purchase price, assuming all coupon payments are made on a timely basis and reinvested at this same rate of return to the call date. Yield to worst (YTW): Is the lesser of yield to maturity or yield to call, reflecting the optionality of the bond Issuer. Yields for the portfolio are aggregated based on the book value of each security. COUNTY OF SAN DIEGO.TREASURER - TAX COLLECTOR Sample Dedicated. Portfolio Reporting TREASURER -TAX COLLECTOR COUNTY ADMINISTRATION CENTER • 1600 PACIFIC HIGHWAY, ROOM 152 SAN DIEGO, CALIFORNIA 921014415 • (619) 531-5221 FAX (619) 557.4093 VISIT OUR WEB SITE AT: lttpd!www.sdtreastax.com DATE: August 26, 2011 TO: Fiscal Manager FROM: Lisa Marie Harris Chief Deputy Treasurer RE: MONTHLY INVESTMENT SUMMARY OF DAN McALLISTER TREASURER -TAX COLLECT LISA MARIE HARR,. CHIEF DEVU}TTPEMupER RESERVE FUND Investment Type Yield Book Value Market Value Unrealized Gainl(Loss) Federal Farm Credit Bureau 2.36% 10,313,916 10,712,100 398,184 Federal Home Loan Bank 1.14% 15,000,974 15,004,950 3,976 Medium Term Notes 4.26% 10,079,697 10,292,300 212,603 County Investment Pool 0.78% 92,980,979 92,980,979 - Totals for July 2011 1.22% 128,375,566 128,990,329 r 614,763 Totals for June 2011 1.27% 128,278,098 128,941,518 663,421 Change from Prior Month -0.04% $ 97,469 $ 48,811 $ (48,658). Please see attached table for the .teserve Fund's monthly investment report for July 2011. As of July 31, 2011, the book value of the portfolio is $128,375,566. Currently, 72% of the portfolio is invested in the County Investment Pool. Amounts held in the County Investment Pool represent liquidity needs of the entity that cannot be invested in Tong -term securities. The overall yield to maturity of the portfolio is 1.22%. If you have any questions, please call me at (619) 531-5686. Respectfully, e Han- Chief Deputy Treasurer ?S' Invente by Market Value Run Date: 8/ 12/201111:32:09 AM Investments Outstanding As Of Date: 7/31/2011 Fund: 65656. ITCH Inv Type: 25 FFCS pOMM RESERVE 31331GC56 09/18/2009 3.875000 10,000,000.00 114712,100.00 10/07/2013 2359930 10,313,915.96 107.121000 3.875000 10,000,000.00 10,712,100.00 2.359930 10,313,915.96 107.121000 122,708.33 UPRICE 122,708.33 398,184.04 0.00 398,184.04 0.00 65966 FHLB 3133XUK88 12/02/2009 1.375000 08/11/2011 1.135505 Inv Type:.26 FHLB 15,000,000.00 15,004,950.00 97,395.83 3,975.97 15,000,974.03 100.033000 UPRICE 0.00 1.375000 15,000,000:00 15,004,950.00 97,395.83 3,975.97 0.00 1.135505 15,000,974.03 100.033000 63261 MTN GEN ELEC CAP CR 36962GX558 02/22/2008 5.875000 10,000,000.00 10,292,300.00 270,902.78 212,502.80 02/15/2012 4.259975 10,079,697.20 102.923000 UPRICE 0.00 InrTypei 40 MEDIUM TERM NOTES SEMI 30/360 Cr- 59199 COUNTY POOL Inv Typo: 97 MONEY MKT FUNDS ACT/365 5.875000 10,000,000.00 10,292,300.00 270,902.78 212,602.80 4.259975 10,079,697.20 102.923000 0.00 08/29/2005 .780000 92,980,979.18 92,9E0,979.18 C8/01/2011 .780000 92,980,979.18 100.000000 Subtotal Grand Total - Count 4 .780000 92,980,979.18 92,980,979.18 .780000 92,980,979.18 100.000000 0.00 BOOK 0.00 0.00 0.00 0.00 0.00 1.498230 127,980,979.10 126,990,319.15 1.321714 138,375,566.37 100.788672 492,006.94 634,762-81 0.00 AvantGard APS2 Page 1 of 2 Diego County Short Term Pool POrtfol. ;mmary Account #10006 As of 7/31/2011 PORTFOLIO CHARACTERISTICS Average Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P Rating Average Final Maturity Average Life Agency (61.6 %) 0.30 0.69 % 0.37 % 0.28 % AAA 0.92 yrs 0.35 yrs SECTOR ALLOCATION PERFORMANCE REVIEW San Diego County Short Term Pool 91 Day T-bill Commercial Paper (25.6 %) Money Market Fund FI Negotiable -CD (7.5 %) -- ‘ Time Deposit i (0.7 %) 'Corporate (1.8%) 60% 40% 20% 60.3 % ACCOUNT SUMMARY 4,831,504,795 8,929,017 4,840,433,813 1,718,8.87 4,823,688,722 4,827,282,632 4,833,702,971 MATURITY DISTRIBUTION 5.5% 5.3% 28% 15.1 % 9.8 % 5,102,507,799 9,031,941 5,111,539,740 1,581,854 69,059,799 5,096,472,000 5,098,799,710 5,104,626,245 1.2 % 0-.25 .25-.5 .5.1 1.2 2.3 3-4 4-5 5+ Maturity (Yrs) 5.31 % 5.42 % 5.59 % 0.01 % 0.08 % 5.70 % 2.89 0.14 % 0.36 % TOP ISSUERS Issuer % Portfolio Federal National Mortgage Assoc 22.6 % Federal Home Loan Mortgage Corp 17.6 Federal Farm Credit Bank 12.4 Federal Home Loan Bank 9.0 % Citigroup Inc 5.9 % Union Bank of California 5.2 % Bank of Montreal Chicago 4.7 % Bank of Nova Scotia 4.2 % CREDIT QUALITY AAA (75.4 %) N/A N/A 3.63 % N/A N/A 1.79 81.6 % NR (2.4%) AA (22.2 %) 18.80 % Chandler Asset Management -.CONFIDENTIAL Page 1 Execution Time: 8/2/2011 415:49 PM C'A% .,an Diego County Long Term Pool B Account#1.0014 PORTFOLIO CHARACTERISTICS Average Duration 1.69 Average Coupon 2.50 % Average Purchase YTM 2.03 % Average Market YTM 0.54 % Average S&P Rating AAA Average Final Maturity 1.97 yrs, Average Life 1.63 yrs Portfos.4 Summary As of 7/31/2011 ACCOUNT SUMMARY TOP ISSUERS 1,025,807,800 967,270,902 6,163,214 6,048,294 1,031,971,013 973,319,197 1,736,801 1,624, 356 -63,166,734 1,000,000,000 939,080,000 1,009,619,636 948,192,177 1,017,254,386 955,378,881 Issuer % Portfolio Government of United States 34.1 % Federal National Mortgage Assoc 21.9 % Federal Home Loan Bank 21.8 % Federal Home Loan Mortgage Corp 13.5 % Federal Farm Credit Bank 3.6 % General Electric Co 2.7 Bank of Nova Scotia 2.4 % 100.0 SECTOR ALLOCATION MATURITY DISTRIBUTION CREDIT QUALITY 2 US Corporate -- __..._� (2.7 %) Commercial Paper% (2.4 %) Agency (60.8 %) San Diego County Long. Term Pool B US Treasury (34.1 %) 25% 20% 15% 10% 5% 20.7 % 11.8% 17.4 % 16.8 % 15.2 % 0-25 25-.5 .5.1 1-2 2.3 3-4 4.5 5+ Maturity (Yrs) AAA (97.3 %) AA (2.7 %) 0.44 % 0.81 % 1.40.% 1.46 % 3.06 % N/A N/A 3.93 % 18.18 % San Diego County Blended Benchmark* 0.38 % 0.84 % 1.41% 1.54% 3.12 %; N/A N/A 3.90 % 18.04 % 30% 1.5 Yr Treasury, 40% 1-5 Yr Agency, 30% 0-1 Yr Treasury as of 12/31/2009; Prior Index- 30% 1-5 Yr Treasury, 30% 1-5 Yr Agency, 10% 1-5Yr AAA -A Corp, 30% 0-1 Yr Treasury Chandler Asset I. rnt- CONFIDENTIAL Pt Execution Time: 812/21. l4 PM TREASURER -TAX COLLECTOR COUNTY ADMINISTRATION CENTER • 1600 PACIFIC HIGHWAY, ROOM 112 SAN DIEGO, CALIFORNIA 92101-2475 • (619) 595-4605 FAX (619) 557.5398 website: http://www.sdtreastax.com INVESTMENT MANAGEMENT AGREEMENT PROVIDING FOR INVESTMENT IN THE SAN DIEGO COUNTY TREASURER'S POOLED INVESTMENT FUND Dan McAllister TREASURER -TAX COLLECTOR THIS INVESTMENT MANAGEMENT AGREEMENT ("Agreement") IS ENTERED INTO AS OF , 200_, BY AND BETWEEN ("Agency") AND THE :SAN DIEGO COUNTY TREASURER -TAX COLLECTOR ("Treasurer"). RECITALS A. Agency is a local public agency within the County of San Diego that is authorized by law to deposit funds to be managed and invested by the Treasurer. B. The governing body of Agency has by action dated , requested that the Treasurer accept a deposit of Agency's funds to be deposited in the San Diego County Treasurer's Pooled Investment Fund, ("the Pool"), which contains County funds and money deposited by other local public agencies. C. Treasurer has provided Agency with a copy of the Treasurer's Investment Policy for the Pool ("Policy") adopted pursuant to Government Code section 27133, and Agency has reviewed the policy prior to entering into this Agreement. A copy of the Policy is attached hereto as Exhibit A. The Policy is subject to annual revision. IN VIEW OF THE ABOVE RECITALS, THE PARTIES AGREE AS FOLLOWS: 1. Deposit of Funds. Agency will deposit $ with Treasurer to be managed and invested as part of the Pool. Agency may, from time to time, as authorized by its governing body and with the approval of the Treasurer, deposit additional funds with the Treasurer pursuant to this Agreement. Agency will provide the Treasurer with written documentation of its governing body's approval of the deposits. 2. Investment of Funds. Treasurer will manage and invest deposited funds in accordance with the Policy including any amendments or revisions to the Policy. 3. Notice of Amendments or Revisions of Policy. Treasurer will provide Agency with a copy of any amendments or revisions of the Policy. within 30 days of the amendment or revision. 31 4. Non -Liability for Investment Results. Agency understands and agrees that as long as Treasurer invests the deposited funds in accordance with the Policy, neither Treasurer nor the County of San Diego shall be responsible or liable for any investment losses suffered by Agency or for any underperformance of the funds deposited. 5. Term of Agreement and Withdrawal of Funds. The term of this Agreement commences on the date set forth above and terminates when Agency has withdrawn all funds from the Pool. Agency may withdraw all or any portion of its funds subject to the conditions set forth in paragraph 35 of the Policy. Treasurer may terminate this agreement by giving Agency thirty days notice of termination, at which time Agency must withdraw all its funds from the Pool. 6. Reports and Annual Meeting. Agency shall provide Treasurer with cash flow reports on a quarterly basis indicating projected contributions to and withdrawals from the Pool. Treasurer shall provide Agency with monthly reports covering the performance of the pool and shall annually meet in person with Agency representatives to discuss any issues between the parties. 7. Disputes. The Parties agree to attempt to resolve any disputes under this Agreement by informal means and, if necessary, by mediation. Should mediation fail to resolve the dispute, either party may pursue its legal remedies. 8. Contacts for Responsibility. This Agreement shall be administered on behalf of the Treasurer by Lisa Marie Harris, Deputy Treasurer, and on behalf of Agency by - . Either party, by written notice to the other, may change the person responsible for administering this Agreement. 9. Notices. Any notices provided for in this Agreement shall deliver personally or by United States mail, as follows: Treasurer: Lisa Marie Harris, Chief Deputy Treasurer 1600 Pacific Hwy., Room 102 San Diego, California 92101 Agency: Either party, by written notice to the other, may change the name and/or address to which written notices must be delivered. 10. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any previous oral or written agreements. This Agreement may be amended only by written amendment executed by both parties. SAN DIEGO COUNTY TREASURER -TAX COLLECTOR By: AGENCY By: Investment Framework: Objective: Profile: Constraints: Risk Tolerance: Credit Quality: Liquidity: Time Horizon: Taxes: Other: Portfolio Structure: DEDICATED PORTFOLIO STATEMENT OF GUIDELINES & POLICIES Invest in high quality securities while maximizing yield in a portfolio with limited needs. In order of importance: Safety, Return and Liquidity. Client understands unrealized losses may occur Short term: A-1, Long term: AAA Updated cash flow model to be provided to Investment Staff on a quarterly basis. Portfolio life of 5+ years. Investment maturities not exceed 5 years. Not applicable Not applicable Portfolio will invest primarily in the County Investment Pool, Commercial Paper, Negotiable CD, Medium Term Notes, US Agencies and Treasuries. The average duration of this portfolio will vary from 1 to 3 years based on interest rate expectations. Permissible Investment: Funds to be invested in the County Investment Pool ("Pool") or any investment authorized pursuant to Sections 53601 and 53635 of the Government Code pursuant to Constraints listed above. Primary Risks: Interest Rate Risk: As interest rates rise, the value of fixed income securities held by the portfolio is likely to decrease. Securities with longer dated maturities tend to be more sensitive to changes in interest rates, usually making them more volatile and susceptible to unrealized losses than securitieswith shorter dated maturities. This portfolio will most likely maintain longer dated maturities than both LAIF and the County Pool, hence more susceptible to unrealized losses. Issuer Non -Diversification Risk: A focus of investments in a small number of issuers or industries increases risk. Funds that invest in a relatively small number of issuers are more susceptible to risks associated with a single economic, political or regulatory occurrence than a more diversified portfolio might be. This portfolio will be Tess diversified than both LAIF and the County Pool, hence, more susceptible to Non -Diversification Risk. Expectations: Five year quarterly cash flow projection with expected draw schedule to be updated on a periodic basis or as needed. Any substantial cumulative deviation from the draw schedule may result in realized losses as the Investment Staff might have to liquidate assets to meet updated liquidity needs. Investment Staff: Monthly Investment Report on portfolio performance. --criE is T`..� ye\ to. est I \� n SAN DIEGO COUNTY TREASURER'S POOLED MONEY FUND INVESTMENT POLICY January 1, 2011 The Investment Policy and practices of the County Treasurer are based on prudent money management principles and California State Law, specifically Government Code Sections 27000.1 - 27000.5, 27130 - 27137, and 53600 - 53686. Section 53635 shall apply to a local agency that is a county, or other local agency that pools money in deposits or investments with other Local agencies, including local agencies that have the same governing body. However, Section 53601 shall apply to all local agencies that pool money in deposits or investments exclusively with local agencies that have the same governing body. Section 53601.7 provides permissive authority to adopt policy to manage funds much like a money market fund. This Section will not be implemented for the Pooled Money Fund (the "Fund"). The practices of this office will always comply with the legal authority and limitations placed on it by the governing legislative bodies. The implementation of these laws, allowing far the dynamics of the. money markets, will be the focus of this policy statement. All matters contained in this policy are to be read and applied pursuant to and consistent with state law. Where this Investment Policy specifies a percentage limitation, compliance will be measured as of the date of purchase. When investing, reinvesting, purchasing, acquiring, exchanging, selling and managing the Fund the objectives of this office shall be: 1. The primary objective shall be to safeguard the principal of the funds under the County Treasurer's control. 2. The secondary objective shall be to meet the liquidity needs of the participants. 3. The third objective shall be to achieve an investment return on the funds under control of the County Treasurer within the parameters of prudent risk management. The Fund is an actively managed portfolio. By this it is meant that the County Treasurer and his staff will observe, review, and react to changing conditions that affect the Fund; this shall be viewed as a full time responsibility by the County Treasurer and his staff. The authority to execute investment transactions that will affect the Fund will be limited to: County Treasurer Chief Deputy Treasurer Chief Investment Officer Investment Officers The County Treasurer and the above staff will meet on a regular basis to discuss current market conditions and future trends and how each of these affects the Fund. TABLE OF CONTENTS SAN DIEGO COUNTY TREASURER INVESTMENT POLICY Pool Policy Security of Principal Policy 3 Liquidity Policy 3 Return Policy 3 Maturity Policy 3 Prohibited Securities 4 Credit Rating Policy 4-5 Internal Controls 5-6 Permissible Investments Permissible Investments 6 Government Obligations 6-7 Local Agency Obligations 7 Bankers Acceptance 7-8 Commercial Paper 8 Medium -Term Notes 9 Negotiable Certificates of Deposit 9-10 Repurchase Agreements 10-11 Reverse Repurchase Agreements 11-12 Collateralized Certificates of Deposit 12-13 Covered Call/Put Options 13-14 Money Market Mutual Fund 14 Cal TRUST 14-15 Pass -through Securities 15When- issued Securities 16 Other Policy Topics Illiquidity Limitations 16 Maximum Exposure for Any One Issuer 16 Criteria for Selecting Brokers & Dealers 16-17 Securities Lending 17-18 Delegation of Investment Authority to the County Treasurer 18 Safekeeping Authority 18 County Treasury Oversight Committee 18 Rules Governing the Acceptance of Honoraria, Gifts and Gratuities 18-19 Reporting 19 Annual Audit 20 Cost and Earning Apportionment 20-21 Terms and Conditions for Depositing Funds by Voluntary Participants 21-22 Criteria for Withdrawal of Funds from the County Pool (Voluntary Participants) 22 Grandfathered Agencies 22 Glossary of Terms 23-26 ;.n 2011 SAN DIEGO COUNTY TREASURER'S POOLED MONEY FUND INVESTMENT POLICY The purpose of the County Treasurer's Investment Policy is to implement the legislated parameters of the investment authority of the Fund. As an elected official of the County of San Diego, the County Treasurer must manage public monies in a way that is consistent with investment oversight, and sound investment practices. To have a policy which only concerns itself with maximizing return is a very dangerous course. The basic concept of investment return is based on a risk/reward relationship. Therefore, the higher the return, the higher the risk. Risk management must be an integral part of any investment policy. Risk management must include adequate internal controls so that Fund depositors and the public have confidence that public monies are secure. The policy stated below will concern itself with risk management. 1. SECURITY OF- PRINCIPAL POLICY - The policy issues directed to protecting the principal entrusted to this office are: A. Limiting the Fund's exposure to each type of security. B. Limiting the Fund's exposure to each issue and issuer of debt. C. Determining the minimum credit requirement for each type of security. 2. LIQUIDITY POLICY - The policy issues directed to provide necessary liquidity to the participants are: A. Limiting the length of maturity for securities in the Fund. B. Limiting the Fund's exposure to Moderately Liquid and Illiquid securities. 3. RETURN POLICY - The policy issues directed to achieving a return are: A. Attaining a market rate of return taking into account the investment risk constraints and liquidity needs. B. A majority of the investments shall be limited to low risk securities in anticipation of earning a fair return relative to the risk being taken. MATURITY POLICY A. The maximum maturity allowed by the California Government Code is 5 years with shorter limitations specified for certain types of securities. The mandatory minimum for the maturity structure of the Fund shall be to have 50% of the Fund in instruments with remaining maturities of one year or less. Furthermore, at least 25% of the Fund must mature within 90 days. The maximum effective duration for the Fund shall be 1.50 years. The following bullet points summarize these parameters: • At least 50% of the Fund maturing within 1 year • At least 25% of the Fund maturing within 90 days • Maximum effective duration of 1.50 years B. The Fund will be considered in compliance with the maturity policy if it meets the maturity targets above. In the event that the Fund distribution does not comply with the table above, until such time as the Fund is within maturity targets, all securities purchased shall be of a maturity or duration that will lower the maturity and or duration of the Fund. In the event a compliance violation has occurred, a variance report shall be made to the Oversight Committee as part of the normal monthly reporting. 5. PROHIBITED SECURITIES The California Government Code prohibits a local agency to invest in any of the following derivative notes: • Inverse Floater • Range Notes • Interest -only strips derived from a pool of mortgages • Any security that could result in zero interest accrual 6. CREDIT RATING POLICY A. This Investment Policy sets forth minimum credit ratings for each type of security. These credit limits apply to the initial purchase of a security and does not automatically force the sale of a security if the credit ratings of the security fall below the policy limits. B. The monitoring of credit ratings consists of the following procedures: 1. When a credit rating downgrade occurs, the Investment Group will evaluate the downgrade on a case -by -case situation to determine whether to hold or sell the security after further analysis of the credit rating on an ongoing basis. 2. In the event a security in the Fund receives a credit rating downgrade, the Investment Group will report the rating change to the Oversight Committee in the monthly report. In the.same manner, the Oversight Committee will be informed on the Investment Group's decision to hold or sell a downgraded security. 3. The Investment Group shall. meet at least quarterly to review and update the approved list of securities and establish credit criteria for each category of security. C. To ensure that the Fund maintains an overall credit rating of AAAf / SI, the highest rating given by Standard & Poors, the asset allocation with respect to credit quality will be provided to S&P on a monthly basis. Rated investments below Al (short term) or A (long term) rated, at the time of purchase, are prohibited in this policy. 7. INTERNAL CONTROLS A. The Chief Deputy Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that: 1. The cost of a control should not exceed the benefits likely to be derived; and 2. The valuation of costs and benefits requires estimates and judgments by management. B. Accordingly, the Chief Deputy Treasurer shall establish and maintain internal controls that shall address the following points: 1. Control of Collusion - Collusion is a situation where two or more employees are working in conjunction to defraud their employer. 2. Separation of Transaction Authority from Accounting and Record Keeping - By separating the person who authorizes the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved. 3. Custodial Safekeeping - Securities purchased from any bank or dealer including appropriate collateral (as defined by California State Law), not insured by FDIC, shall be placed with an independent third party for custodial safekeeping. 4. Avoidance of Physical Delivered Bearer Securities - Book entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Bearer securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with such securities. 5. Clear Delegation of Authority to Subordinate Staff Members - Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff positions and their respective responsibilities. 6. Written Confirmation of Telephone Wire Transfers - Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions should be supported by written or electronic communications and approved by the appropriate person. 7. Development of a Wire Transfer Agreement with the Lead Bank or Third Party Custodian - This agreement should outline the various controls, security provisions, and delineate responsibilities of each party making and receiving wire transfers. 8. Development of the Annual Treasurer's Investment Manual. Annually, Investment staff and Accounting staff will review and update internal control policies as stated in the manual: C. Provide for an annual independent review by an external auditor to assure compliance with policies and procedures. PERMISSIBLE INVESTMENTS - Government Codes 53601, 53601.1, 53601.2, 53601.8, 53635, 53637, 53638, 53651, 53652, and 53653 address permissible investments. These investment categories are addressed individually in sections 9-22 below. 9. GOVERNMENT OBLIGATIONS - The Fund invests in two categories of Government Obligations: U.S. Treasury and Agency obligations. Both are issued at the Federal level. U.S. Treasury obligations are bills, notes and bonds issued by the Treasury and are direct obligations of the Federal Government. Agency obligations are notes and bonds of federal agencies, and government sponsored enterprises. Agencies are not the direct obligation of the Treasury but involve federal sponsorship or guarantees. A. Maximum Maturity - The maximum maturity of an issue shall be the current 5-year issue or an issue, which, at the time of the investment, has a term remaining to maturity not in excess of 5 years. B. Maximum Exposure of Fund - The maximum exposure to the Fund for this category is unlimited. C. Maximum Exposure Per Issue - The maximum exposure to the Fund of a single issue shall be 5% of the Fund value. D. Maximum Exposure Per Issuer - The maximum exposure to the Fund for an individual issuer shall be: 1. Treasury - Unlimited 2. Agency - No more than 25% of the Fund value shall be invested in any single issuer. E. Minimum Credit Requirement — None F. Liquidity Category - Liquid 10. LOCAL AGENCY OBLIGATIONS — These are bonds, notes, warrants or other evidences of indebtedness of any local agency or by a department, board or authority of any local agency within this State. In addition, the Fund is further authorized to purchase bonds and notes of any of the other 49 United States. A. Maximum Maturity - The maximum maturity of an issue shall be 5 years. B. Maximum Exposure of Fund - The maximuin exposure to the Fund for this category shall be 15%. C. Maximum Exposure Per Issue - The maximum exposure to the Fund of a single issue shall be 5% of the Fund value. D. Maximum Exposure Per Issuer - The maximum exposure to a single issuer shall be 10% of the Fund value. E. Minimum Credit Requirement - Issuers outside of the County must be at or above the following investment grade from one of these ratings firms: 1. Standard & Poor's — SP-1 or A (long-term when applicable) 2. Fitch — F-1 or A (long-term when applicable) 3. Moody's - MIG 1 or A (long-term when applicable) (For 1 year or less, use short-term rating) (For over l year, use long-term ratings) F. Liquidity Category — Moderately Liquid 11. BANKER'S ACCEPTANCE - This is a draft or bill of exchange, accepted by a bank or trust company and brokered to investors in a secondary market. The purpose of the banker's acceptance (BA) is to facilitate trade and provide liquidity to the import-export markets. Acceptances are collateralized by the pledge of documents such as invoices, trust receipts, and other documents evidencing ownership and insurance of the goods financed. Since it's inception in 1914, there has been no known loss of principal to investors through the use of Banker's Acceptances. A. Maximum Maturity - the maximum maturity of an issue shall be 180 days. H$ B. Maximum Exposure of Fund - The maximum exposure to the Fund for this category shall be 40%. C. Maximum Exposure Per Issue - The maximum exposure to a single issue shall be 2.5% of the Fund value. D. Maximum Exposure Per Issuer - The maximum exposure to a single issuer shall be 5% of the Fund value. E. Minimum Credit Requirement — The security must be at or above the following investment grade from one of these rating firms. If unrated by Standard & Poor's, security would need to be authorized by Standard & Poor's with a shadow rating prior to purchase. 1. Standard & Poor's — A-1 2. Moody's — P-1 3. Fitch — F-1 F. Liquidity Category — Liquid 12. COMMERCIAL PAPER - These are short-term, unsecured, promissory notes issued by fines in the open market. Commercial paper (CP) is generally backed by a bank credit facility, guarantee/bond of indemnity, or some other support agreement. A. Maximum Maturity - The maximum maturity of an issue shall be 270 days. B. Maximum Exposure of Fund - The maximum exposure to the Fund for this category shall be 40%. C. Maximum Exposure Per Issue - The maximum exposure to a single issue shall be 2.5% of the Fund for maturities greater than 5 days, 5% of the Fund value for paper maturing in 5 days or less. D. Maximum Exposure Per Issuer - The maximum exposure to a single issuer shall be 5% of the Fund value. E. Minimum Credit Requirements — The security must have the following minimum investment grade rating from one of these rating firms. If unrated by Standard & Poor's, security would need to beauthorized by Standard & Poor's with a shadow rating prior to purchase. 1. Standard & Poor's — A-1 or A (long-term when applicable) 2. Fitch — F-1 or A (long-term when applicable) 3. Moody's — P-1 or A (long-term when applicable) F. Liquidity Category - Liquid 4/1 13. MEDIUM -TERM NOTES ("MTN") - These are corporate notes, deposit notes, and bank notes sold by an agent in the open market on a continually offered basis. Issuers include well recognized banks and bank holding companies, thrifts, finance companies, insurance companies, and industrial corporations. These medium term notes are debt obligations generally unsecured, although some issues come to market on a collateralized or secured basis. A. Maximum Maturity - The maximum maturity of an issue shall be 5 years. B. Maximum Exposure of Fund - The maximum exposure to the Fund for this category shall be 30%. C. Maximum Exposure Per Issue — the maximum exposure to a single issue shall be 2.5% of the Fund issue. D. Maximum Exposure Per Issuer - The maximum exposure to a single issuer shall be 5% of the Fund value. E. Minimum Credit Requirements — The security must have the following minimum investment grade rating from one of these rating firms. If unrated by Standard & Poor's, security would need to be authorized by Standard & Poor's with a shadow rating prior to purchase. 1. Standard & Poor's —A-1 or A (long-term when applicable) 2. Moody's —P-1 or A (long-term when applicable) 3. Fitch —F-1 or A (long-term when applicable) (MTN's 1 year or less, use short-term rating.) (For MTN's over 1 year, use long-term rating.) Liquidity Category - Liquid 14. NEGOTIABLE CERTIFICATES OF DEPOSIT - These are issued by commercial banks and thrift institutions against funds deposited for specified periods of time and earn specified or variable rates of interest. Negotiable certificates of deposit ("NCD") differ from other certificates of deposit by their liquidity. NCD's are traded actively in secondary markets. In compliance with California Code 53601.8, all FDIC insured CD's, whether directly placed or placed through a private sector entity, will be classified as a NCD. A. Maximum Maturity 1. The maximum maturity of a NCD issue shall be 5 years. 2. The maximum maturity of any FDIC insured CD's, whether directly placed or placed through a private sector entity, shall be 13 months. B. Maximum Exposure of Fund - The maximum exposure to the Fund for this category shall be 30%. C. Maximum Exposure Per Issue - The maximum exposure to a single issue shall be 2.5% of the Fund value. D. Maximum Exposure Per Issuer - The maximum exposure to a single issuer shall be 5% of the Fund value. E. Minimum Credit Requirement 1. All NCD must have the following investment grade from one of these rating firms. If unrated by. Standard & Poor's, security would need to be authorized by Standard & Poor's with a shadow rating prior to purchase. a) Standard & Poor's - A-1 or A (long-term when applicable) b) Moody's - P-1 or A (long-term when applicable) c) Fitch - F-1 or A (long-term when applicable) (For NCD's 1 year or less, use short-term rating) (For NCD's over 1 year, use long-term rating) 2. There is no minimum credit requirement for FDIC insured CD's, whether directly placed or placed through a private sector entity. F. Liquidity Category — Liquid 15. REPURCHASE AGREEMENT - A repurchase agreement (RP) consists of two simultaneous transactions. One is the purchase of securities by an investor (the Fund); the other is the commitment by the seller (i.e. a broker/dealer) to repurchase the securities at the same price, plus interest, at some mutually agreed - upon future date. A. Maximum Maturity - The maximum maturity of repurchase agreements shall be one year. B. Maximum Exposure of Fund - The maximum exposure to the Fund for this category shall be 40%. C. Maximum Exposure Per Issue - The maximum exposure to a single RP issue shall be 10% of the Fund value for RP's with maturities greater than 5 days, 15% of the Fund for RP's maturing in 5 days or less. D. Maximum Exposure Per Broker/Dealer - The maximum exposure to a single broker/dealer of RP shall be 10% of the Fund when the dollar weighted average maturity is greater than 6 days, 15% of the Fund when the dollar weighted average maturity is 6 days or less. E. Eligible Broker/Dealers — Broker/Dealers shall sign a PSA Master Repurchase Agreement or a Tri-Party Repurchase Agreement. The Agreement must specify a minimum margin percentage of 102% and also provide for daily mark -to -market of the collateral by the custodian bank. F. Eligible Collateral - The securities eligible for repurchase agreement transactions shall be a security authorized in Section 53601 of the California Government Code. Collateral eligible for repurchase agreements maturing 7 days to 1 year shall be Treasuries and Government Agencies. G. Delivery of Collateral — Broker/Dealers shall deliver the underlying securities to either the County's safekeeping bank or a mutually agreed upon third party custodian bank or a counterparty bank's customer book -entry account. When a third party custodian is used, it will be the custodian's responsibility to transfer funds and securities between the broker/dealer and the County Fund in accordance with the terms of the repurchase agreement. H. Liquidity Category - Liquid 16. REVERSE REPURCHASE AGREEMENT - Reverse repurchase agreements (RRPs) are essentially the mirror image of RPs. In this instance, the Fund is the seller of securities and the broker or bank is the investor. Due to the nature of RRPs, the policy regarding this instrument is different from the above RP policy. A. Maximum Maturity The maximum maturity of a securities lending loan shall be 92 days unless the agreement includes a written guarantee of a minimum earning or spread fro the entire period of the RRP. B. Maximum Exposure of Fund — No more than 20% of the Fund shall be invested in RRP's and/or securities lending at any one time. C. Maximum Exposure Per Issue — The maximum exposure to. a single RRP issue shall be 5%0 of the Fund value. D. Maximum exposure Per Broker/Dealer — No more than 10% of the Fund shall be invested in RRP's with any broker/dealer at any one time. E. Purpose of RRPs - The uses of RRPs shall be to invest the proceeds from the agreement into permissible securities that have the highest short-term credit ratings; to supplement the yield on securities owned; or to provide funds for the immediate payment of an obligation. The maturity of the RRP. and the maturity of the security purchased shall be the same. F. Eligible Securities - A RRP may only be entered into with a security, authorized in California Government Code 53601, which has been owned and paid for 30 days prior to the settlement of the RRP. G. Eligible Broker/Dealer - Broker/Dealers shall be primary broker/dealers of the Federal Reserve Bank of New York. H. Liquidity Category - Liquid 17. COLLATERALIZED CERTIFICATES OF DEPOSIT - This is the deposit of funds made by the County Treasurer in state or national banks or state or federal savings and loan associations or federal credit unions or FDIC insured industrial loan companies in California per California Government Code Section 53652. The deposit of the funds will be made under the following conditions: A. The deposit may not exceed the total of the paid up capital and surplus of a depository. B. The depository must maintain securities with a market value of at least 10% in excess of the total amount of the County Treasurer's deposits. These securities will be placed in the institution's pooled collateral account and monitored by the State Treasurer of California or a mutually agreed upon third party custodian bank. C. The County Treasurer may waive the first $250,000 of collateral for each depository, so long as that amount is insured by an agency of the Federal Government. The documents listed below in D will not be required for deposits of $250,000 or less. D. Each institution which receives County deposits must provide the County Treasurer with an up-to-date Contract, Annual Report, Affirmative Action Policy, Community Reinvestment Act Statement and EEO-1 Form. E. Maximum maturity shall be 13 months. F. Maximum exposure to the Fund for collateralized Certificates of Deposit shall be 10%: G. Institutions at or above the following investment grade, as deter -mined by the respective rating firms, may pledge mortgage based collateral for County deposits: 1. Fitch — F-1 2. Moody's — P-1 3. Standard & Poor's — A-1 53 H. Liquidity Category — Illiquid 18. COVERED CALL OPTION/PUT OPTION - An option is the right to buy or sell a specific security within a specific time period at a specific price. A. A covered call is when the County Treasurer sells the option to another party, giving them the right to buy an existing security in the Fund at a specific price within a specific time period. B. A put option is when the County Treasurer sells the option to another party, giving them the right to sell to the County Treasurer a security at a specific price within a specific time period. C. The seller of a covered call option/put option is paid at the time of the sale of the option. At the end of the option period, if the option is not exercised, the right to buy or sell the security is canceled. D. The County Treasurer will act only as a seller of covered call and put options with the following exception: County Treasurer may buy an option to offset an existing open option position. E. Securities subject to covered calls shall not be used for Reverse Repurchase Agreements. F. Cash sufficient to pay for outstanding puts shall be invested in securities maturing on or before the expiration date of the options. G. Maximum maturity - The maximum maturity of a covered call option/put option shall be 90 days. H. Maximum exposure No more than 10% of the Fund may have options written against it at any given time. I. Credit risk - Options shall only be written with primary dealers. J. Liquidity Category - Liquid 19. MONEY MARKET MUTUAL FUND - Shares of beneficial interest issued by management . companies. Such shares . represent ownership of a diversified portfolio of securities, which are redeemable at their net asset value. The Government Code allows for purchases of mutual funds, but the Fund will limit use to money market mutual funds managed to maintain a $1.00 share price. A. Maximum exposure - The maximum exposure to the Fund for this category shall be 15%. B. Purchase price - The purchase price of the mutual fund shall not include any commission. C. Maximum exposure per fund - The maximum exposure to a single mutual fund shall be 10% of the Fund value. D. Minimum credit requirement - Mutual funds must have the following investment grade from at least one of these rating firms or retain an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years experience managing money market mutual funds with assets under management in excess of five hundred million dollars: 1. Standard & Poor's - AAAf 2. Moody's - Aaa 3. Fitch - Aaa E. Liquidity Category — Liquid 20. INVESTMENT TRUST OF CALIFORNIA (Cal TRUST) is a pooled investment program through the Ca1TRUST Joint Powers Authority, authorized by Government Code Section 53601(p). Ca1TRUST provides two pooled account options (Short -Term Account provides daily liquidity and the Medium -Term Account permits monthly deposits and withdrawals). All of the accounts comply with the limitations and withdrawals. All of the accounts comply with the limitations and restrictions placed on local investments by the Government Code; and no leverage is permitted in any of the accounts. A. Maximum Exposure — The maximum exposure to the Fund for this category shall be (2.5%), subject to limitations placed upon deposits by Ca1TRUST. B. Liquidity Category — Illiquid 21. PASS -THROUGH SECURITIES - These will be limited to equipment lease - backed certificates, consumer receivable pass -through certificates or consumer receivable -backed bonds. A. Maximum maturity - The maximum maturity of an issue shall be 5 years. B. Maximum exposure - The maximum exposureto the Fund for this category shall be 20%. C. Maximum exposure per issue - The maximum exposure to a single issue shall be 2.5% of the Fund value. SS D. Maximum exposure per issuer - The maximum exposure to a single issuer shall be 5% of the Fund value. E. Minimum credit requirement issuer — Issuers, if rated, must have the following investment grade from one of these rating firms: l . Fitch —A 2. Moody's —A 3. Standard & Poor's —A F. Minimum credit requirement security - The security must have the following investment grade from one of these rating firms. If unrated by Standard & Poor's, security would need to be authorized by Standard & Poor's with a shadow rating prior to purchase. 1. Standard & Poor's —A-1 or AA (long-term when applicable) 2. Moody's —P-1 or AA (long-term when applicable) 3. Fitch —F-1 or AA (long-term when applicable) (For 1 year or less, use short-term rating) (For over 1 year, use long-term rating) G. Liquidity Category - Liquid 22. WHEN -ISSUED SECURITIES - The Fund may invest in new issues of Government Obligations offered on a when -issued basis; that is, delivery and payment take place after the date of the commitment to. purchase, normally within 15 days. Both price and interest rate are fixed at the time of commitment. This allows the Fund to lock in an interest rate that may not be available on the issue date. The Fund does not earn interest on the securities until settlement, and the market value of the securities may fluctuate between purchase and settlement. Such securities can be sold before settlement. 23. ILLIQUIDITY LIMITATIONS - The Fund may not invest more than 20% of the total Fund in combination of Local Agency Obligations, which are classified as Moderately Liquid, and Collateralized Certificates of Deposit, which are classified as Illiquid. All other Investment Policy sanctioned asset categories are classified as Liquid. 24. MAXIMUM EXPOSURE FOR ANY ONE ISSUER — Unless otherwise specified in this policy, if a single issuer is involved in more than one of the above listed investment categories, the exposure to the issuer is limited to 5% of the Fund. The aforementioned does not apply to repurchase agreements. The limits for repurchase agreements are set forth in the County Treasurer's Policy in section 15. 25. CRITERIA FOR SELECTING BROKERS AND DEALERS - In order to eliminate risk in making investments under this Investment Policy, all investments will be made only through qualified dealers. A. A qualified dealer must be a bank, savings and loan association, or an investment securities dealer. Commercial Paper and Certificate of Deposit issuers maybe considered qualified dealers for direct issuance of their paper. B. Any dealer entering into a new business relationship to conduct security transactions with the County Treasurer is required to make application and qualify for recommendations by the Investment Group to the County Treasurer. C. The dealer must ensure that its staff is aware of the County Treasurer's Investment Policy and the California Government Code Sections 53601 and 53635. D. Investment securities dealers for Reverse Repurchase Agreements must be primary dealers regularly reporting to the Federal Reserve Bank. E. The dealer is required to have a net capital in excess of $1 million with liquidity lines of $50 million or more. F. The dealer is required to maintain an active secondary market for securities sold to the County and must be competitive in price for bids and offers. G. The dealer will be monitored by the Investment Group to ensure the services the County requires are delivered in a tiny and efficient manner. H. The primary account representative must be in the institutional or middle market fixed income division with 5 years or more experience covering large municipalities. I. A qualified dealer must not have made any political contributions to the County Treasurer, any member of the Board of Supervisors, or any candidate for these offices within any consecutive 48-month period following January 2006. The exception is if the broker/dealer is entitled to vote for any of these offices, the contributions shall not be in excess of $250 to each official per election. J. Each dealer every three years will be required to respond to the County's Request for Information (RFI) providing the County with up to date financial and investment experience information. 26. SECURITIES LENDING - This is a program conducted by an agent authorized to execute securities lending under the guidelines listed under RRP's and as detailed in the "Services for Securities Lending Agreement." A securities lending S7 transaction is when the Fund transfers its securities to broker/dealers and other entities for collateral which may be cash or securities and simultaneously agrees to return the collateral for the same securities in the future. The loans must be secured continuously by cash collateral or securities and maintained at a value of at least equal to 102 % of the market value of the securities loaned. During the tern of the loan, the Fund will continue to receive the equivalent of the interest paid by the issuer of the securities loaned. The Fund will have the right to call the loan and receive the securities loaned at any time with one day's notice. A. Maximum Maturity - The maximum maturity of a securities lending loan shall be 92 days. B. Maximum Exposure of Fund - No more than 20% of the Fund shall be exposed to securities lending and/or RRP's at any one time. C. Maximum Exposure Per Loan - The maximum exposure per loan shall be 5% of the total Fund. D. Maximum Exposure Per Counterpart - No more than 10% of the Fund shall be on loan with any single counterpart at any one time. E. Reinvestment shall be limited to Government Code and the County's authorized investment list. 27. DELEGATION OF INVESTMENT AUTHORITY TO THE COUNTY TREASURER - The State of California gives the Board of Supervisors the ability to delegate the investment authority to the County Treasurer for a one-year period in accordance with Section 53607 of the Califomia Government Code. The delegation will require renewal each year. 28. SAFEKEEPING AUTHORITY A. The State of California gives the Board of Supervisors the ability to delegate the deposit for safekeeping authority to the County Treasurer in accordance with Section 53608 of the Califomia Government Code. Board Resolution 109 adopted September 29, 1959 delegated this authority to the County Treasurer. B. In exercising this safekeeping function, the County Treasurer will require depositories to provide evidence thatthey are taking reasonable measures to prevent unauthorized access to the depository's electronic data files. C. The County Treasurer's Manual addresses contingency plans in the event that a disaster, natural or otherwise, disrupts normal operations. Contingency plans vary depending upon the: severity and expected longevity of the disruption. 29. COUNTY TREASURY OVERSIGHT COMMITTEE - The Board of Supervisors has established a County Treasury Oversight Committee pursuant to Sections 27130-27137 of the California Government Code. The County Treasurer shall annually prepare an investment policy that will be reviewed and monitored by the County Treasury Oversight Committee and shall be reviewed and approved at a public hearing by the Board of Supervisors. 30. RULES GOVERNING THE ACCEPTANCE OF HONORARIA, GIFTS, AND GRATUITIES: A. The County Treasury Oversight Committee: 1. Gifts and Gratuity limits: - Members may not accept a gift or gifts aggregating more than the Fair Political Practices Commission (FPPC) guidelines in a calendar year from an advisor, broker, dealer, banker, or other persons with whom the County Treasurer conducts business. 2. Honorarium limit - Members may not accept any honorarium from advisors, brokers, dealers, bankers, or other persons with whom the County Treasurer conducts business. 3. Employment - A member may not be employed by an entity that has contributed to the campaign of a candidate for the office of the County Treasurer or a candidate for a legislative body of the local agency that has deposited funds in the County Treasury in the previous three years or during the period the employee is a member of the Oversight Committee. A member may not secure employment with bond underwriters, bond counsel, security brokers or dealers, or with financial services firms during the period that the person is a member of the Committee or for one year after leaving the. Committee. 4. Contributions - A member may not directly or indirectly raise money for a candidate for County Treasurer or a member of the governing board of any local agency that has deposited funds in the County Treasury while a member of the Committee. B. The County Treasurer and Designated Employees: 1. Gifts and Gratuity limits - The County Treasurer and designated employees may not accept a gift or gifts aggregating more than the Fair Political Practices Commission (FPPC) guidelines in a calendar year from a single source that does business with the County Treasurer's Office. 2. Honorarium limits - The County Treasurer and designated employees may not accept any honorarium. 3. Form 700 "Statement of Economic Interests" - The County Treasurer and designated employees are required to file a 700 form annually. 31. REPORTING - The County Treasurer shall prepare an investment report monthly to be posted on the County Treasurer Tax-Collector's website. A. The report will be available to the following officials: 1. Board of Supervisors 2. Oversight Committee 3. Chief Administration Officer 4. Auditor & Controller 5. Pool Participants B. The report will include the following: 1. A summary of Fund Statistics 2. The type of investment, issuer, date of maturity, par, and dollar amount invested on all securities, investments and moneys held by the Fund; and shall additionally include a description of any of the Fund's investments or programs that are under management of contracted parties, including the securities lending program. The report shall also include a current market value and the source of the valuation as of the date of the report for all securities held by the Fund. 3. Securities Lending Portfolio 4. Pool Purchases, Sales and Maturities 5. Pooled Money Fund Cash Flow Forecast 6. Included in the monthly report shall be a statement of compliance with the Investment Policy and a statement of the Fund's ability to meet cash flow requirements for the next six months. 32. ANNUAL AUDIT - The Treasury Oversight Committee shall cause an audit to be conducted annually on a fiscal year basis to determine if the County Treasury is in compliance with Section 27130-27137 of the California Government Code. 33. COSTS AND EARNINGS APPORTIONMENT A. Prior to quarterly interest distribution, investment costs incurred by the County Treasurer will be deducted from the interest earnings of the pool and Dedicated Portfolios based on an equitable distribution formula. The costs, which are authorized by Government Code Section 27013, are made up of direct costs (salaries, banking services, computer services, and supplies), and indirect costs (department overhead and external overhead). B. The Pool earnings distributed to each participant are proportionate to the average daily balance of the amounts on deposit by the participant. The County Auditor and Controller conducts the apportionment process based on the net earnings of the Fund each quarter. C. In the event there is a negative balance in a participant's fund at any time, it shall reduce the average daily balance for the fund. If at quarter -end there is a negative average daily balance in a participant's fund, that fund will be charged the higher of the .apportionment rate forthe quarter or the overnight Repo rate in which the Fund invests. D. The apportionment rate is set approximately seven business days after each calendar quarter end. Apportionments are not paid out by warrants; all earnings are credited to the participants' fund balance. 34. TERMS AND CONDITIONS FOR DEPOSITING FUNDS BY VOLUNTARY PARTICIPANTS — The State of California Government Code Section 53684 allows local agencies, upon adoption of a resolution by the governing body of the agency, the option of depositing excess funds in the County Treasury for the purpose of investment by the County Treasurer. A. The County, in its regional role to assist and aid other local agencies, adopted Board Resolution 11 on March 24, 1987, to allow agencies to deposit excess funds with the County Treasurer for investment. The limitation on acceptance of voluntary deposits and this Investment Policy is structured to help to ensure that, pursuant to Section 27133 of the California Government Code, the County Treasurer shall be able to find that all proposed deposits/withdrawals will not adversely affect the interests of the other depositors in the Fund. B. The policy for the acceptance of local agency deposits is: 1. The local agency must sign the Investment Management Agreement. The County Treasurer will allow a maximum of 25% of the total Fund in voluntary deposits. 2. The maximum amount of transactions per month shall be 10 per local agency. 3. The local agency must provide cash flows on a quarterly bases indicating projected withdrawals from the Fund. C. Before any deposits for new accounts from non -participating Voluntary Participants can be accepted by the County Treasurer, the local agency must perform the following: 6( 1. Provide a resolution adopted by the Board or governing body that authorizes the local agency to deposit excess funds in the County Treasury for the purpose of investment by the County Treasurer. The resolution must: a) be signed by an authorized official b) indicate the resolution number and date passed by the Board or governing body, c) indicate the persons authorized to initiate deposits to and instruct withdrawals from the Fund, d) bear the seal of the local agency, if the local agency has a seal. 2. Provide wire/ACH transfer instructions for cash withdrawals from the Fund. All withdrawals and external deposits will be by the Fed Wire or Automated Clearing IIouse (ACI-I). 3. Establish a trust account through the County Auditor and Controller's General Accounting Division. 35. CRITERIA FOR WITHDRAWAL OF MONIES FROM THE FUND BY VOLUNTARY PARTICIPANTS A. Before a local agency withdraws monies from the Fund it must submit a withdrawal request form a minimum of 2 working days prior to the desired withdrawal date. Although not encouraged, shorter notice may be honored at the discretion of the County Treasurer's Office if the withdrawal does not cause the maturity status of the Fund to exceed its limits, or jeopardize its ability to meet cash flow requirements. B. When monies are requested for withdrawal, the County Treasurer's Office must find that the withdrawal will not adversely affect the interests of all other depositors in the Fund. 36. GRANDFATHERED AGENCIES A. The grandfathered agencies, including the Community Colleges, who use the services of the County to keep their records and/or issue warrants/wires for the agency can continue to function 100% in this manner and will be treated as a mandatory participant (this assumes that the agency shall continue to make their deposits into the Fund). B. They can also opt to be treated as a voluntary participant and elect to withdraw funds in the same fashion as the other voluntary participants. However, any agency so opting shall be subject to all of the restrictions placed upon the other Voluntary Participants. 63 GLOSSARY OF TERMS BANKERS ACCEPTANCE - Money market instrument created from transactions involving foreign trade. In its simplest and most traditional form, a banker's acceptance is merely a check, drawn on bank by an importer or exporter of goods. BID - The price offered by a buyer of securities. COLLATERALIZED CERTIFICATE OF DEPOSIT - An instrument representing a receipt from a bank for a deposit at a specified rate of interest for a specified period of time that is collateralized by the bank with securities at a minimum of 110% of the deposit amount. COMMERCIAL PAPER - Money Market instrument representing a short-term promissory note of a large corporation at a specified rate of return for a specified period of time. COUPON — The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. COVERED CALL OPTION - The sale of an option to another party giving them the right to buy an existing security in the Fund at a specified price within a specified time period. CREDIT RATING — The alphanumeric scale which provides an assessment of the credit opinion of one of the Nationally Recognized Statistical Rating Organizations for a particular investment or issuing entity. By way of example, the investment grade portion of S&P's credit rating is provided below from highest to lowest: AAA Highest AA A BBB Lowest DEDICATED PORTFOLIO — Any assets, besides those held in the Fund, invested by the County Treasurer on behalf of any San Diego County agency. DOLLAR `VEIGHTED AVERAGE MATURITY - The sum of the amount of each security investment multiplied by the number of days to maturity, divided by the total amount of security investments. DURATION - Is a measure of the price volatility of a portfolio and reflects an estimate of the projected increase or decrease in the value of a portfolio based upon a decrease or increase in the interest rates. A duration of 1.0 means that for every one percent increase in interest rates, the market value of a portfolio would decrease by 1.0 percent. cn7 EARNINGS APPORTIONMENT - Is the quarterly interest distribution to the Pool Participants where the actual investment costs incurred by the County Treasurer are deducted from the interest earnings of the Fund. EFFECTIVE DURATION OR OPTION -ADJUSTED DURATION - Is the approximate percentage price change of a bond for a 100 basis point parallel shift in the yield curve allowing for the cash flow to change as a result of the change in yield. GOVERNMENT OBLIGATIONS - Securities issued by the U.S. Treasury and Federal Agencies. U.S. Treasuries arc direct obligations of the Federal Government. Agencies are not direct obligations of the Federal Government, but involve Federal sponsorship or guarantees. Agency issuers include: Federal National Mortgage Association (FNMA) Federal Home Loan Bank (FHLB) Federal Farm Credit Bank (FFCB) Federal Agriculture Mortgage Corporation (FAMCA) Federal Home Loan Mortgage Corporation (FHLMC) Government National Mortgage Corporation (GNMA) Student Loan Marketing Association (SLMA) World Bank GRANDFATHERED AGENCIES - Such as community colleges and some fire districts that use the County's banking and accounting services. ILLIQUID — Non-existent, or thinly traded .secondary market resulting in the inability to access funds prior to maturity, or possibly liquidate at the cost of principal. INVERSE FLOATERS — An inverse floater is a note structured so that its coupon varies inversely with a designated index. INVESTMENT GROUP - Shall be made up of the County Treasurer, Chief Deputy Treasurer, Chief Investment Officer, and Investment Officers. INVESTMENT MANAGEMENT AGREEMENT — An agreement between a voluntary participant and the San Diego County Treasurer -Tax Collector. The agreement addresses the terms and conditions of Local agencies deposit of funds for investment into the Fund. LIQUID - Low expected yield give up due to liquidation, based on historical bid/offer spreads. LOCAL AGENCY OBLIGATION - An indebtedness issued by a local agency, department, board, or authority within the State of California. LONG-TERM - The term used to describe a security when the maturity is greater than one year. MEDIUM TERM NOTES - They are corporate notes and deposit notes that are debt obligations of banks, corporations, and insurance companies. They are issued at a specific rate of return for a specific period of time. MONEY MARKET MUTUAL FUND - A mutual fund with investments directed in short-term money market instruments only, which can he withdrawn daily without penalty. MODERATELY LIQUID — Modest expected yield give up due to liquidation, based on historical bid/offer spreads. NEGOTIABLE CERTIFICATE OF DEPOSIT - A money market instrument representing a receipt from a bank for a deposit at a specified' rate of interest for a specified period of time that is traded in secondary markets. OFFERED — The price at which a holder of a security would be willing to sell the security. PASS-TIIROUGH SECURITIES - A debt instrument that reflects an interest in a mortgage pool, consumer receivables pool and equipment lease -backed pool that serves as collateral for a bond. PORTFOLIO VALUE - The total book value amount of all the securities held in the Fund. PRUDENT RISK - An investment system in which the investor will invest conservatively to receive a stable income with little risk. PUT OPTION - The sale of an option to another party giving them the right to sell to the Fund a security at a specified price within a specified time period. RANGE NOTES — Range notes (also called accrual notes) are bonds which accrue interest daily at a set coupon which is tied to an index. Range notes typically have two coupon levels; the higher of which is for the period that the index remains within a designated range. REPURCHASE AGREEMENT - A repurchase agreement consists of two simultaneous transactions, One is the purchase of securities by an investor (i.e. the Fund), the other is the commitment by the seller (i.e. a broker/dealer) to repurchase the securities at the same price, plus interest, at some mutually agreed future date. REVERSE REPURCHASE AGREEMENT The mirror. image of Repurchase Agreements. In this instance the Fund is the seller of securities to an investor (i.e. brokers). SAFEKEEPING - A custodian bank's action to store and protect an investor's securities by segregating and identifying the securities. SECURITIES LENDING - A transaction wherein the Fund transfers its securities to broker/dealers and other entitles for collateral, which may be cash or securities and simultaneously agrees to return the collateral for the same securities in the future. SHADOW RATING — A credit opinion provided by a Nationally Recognized Statistical Rating Organization for a security or entity that it had previously not rated. SHORT-TERM - The term used to describe a security when the maturity is one year or less. VOLUNTARY PARTICIPANTS - Local agencies that are not required to deposit their funds with the County Treasurer. WHEN -ISSUED SECURITIES - A security traded before it receives final trading authorization with the investor receiving the certificate/security only after the final approval is granted. STANDARD FUND PROFILE &POOR'S San Diego County Treasurer's Pooled Money Fund o p D�vlde t .- rgLa 4©t -961 loss` _` Ippttfo weare- About the Fund Fund Rating Fund Type Investment Adviser Portfolio Manager Fund Rated Since Custodian AAAf l S1 Variable NAV Government Investment Pool Chandler Asset Management March 31, 2011 Portfolio Composition as of March 31, 2011 MMF TD TBILL DCCO 0`7% \ 0 6% 7 0.4 0.6 Dan McAllister San Diego County Treasurer - Tax Collector May 2001 Bank of New York Mellon Corp. Management The pool's investment team has considerable investment experience. The primary portfolio manager, Chief Investment Officer Rob Castetter and his team of investment professionals are responsible for the pool's day -today management. Rob has more than 24 years investment experience with San Diego County and focuses on managing and controlling risk in the portfolio. The Chief Deputy Treasurer, Lisa Marie Harris, is responsible for establishing and maintaining an intemal control structure designed to ensure that assets of the County are protected from loss, theft or misuse. The pool's investment team reports to the County of San Diego Treasurer/Tax Collector, Dan McAllister. A ten -member oversight committee, comprised of county officials, school district officials, a special district official and up to 5 public members which reviews and approves the investment policy. Credit Quality The investment portfolio is heavily invested in the highest quality securities. Managers limit the al potential losses due to credit risk and market risk by investing in highly rated paper rated at least A or better by Standard & Poor's. The AAAf rating indicates the extremely strong protection the pool's portfolio investments provide against losses from credit defaults. The S1 volatility rating signifies that the pool possesses low sensitivity to changing market conditions given its low risk profile and conservative investment policies. S&P regularly REPO` 3.3% TNOTE 8.4% DCP 26.7% BOND MUTFUND AGCY 56.5% AGCY - Agency Fixed Rate: DCP - Commercial Papr. TNOTE -US Treasury Note: REPO - Repurchase Agreement DCD - Certificate of Deposit TD -Time Deposit MMF - Money Market Fund TBILL - US Treasury Bilt MUTFUND - Mutual Funds [non MMFI: BOND - Corporate Freed Rate 'As assessed by Standard 8. Pooes monitors the pool's portfolio holdings to maintain the accuracy of its credit quality and volatility profile. Portfolio Assets The pool's primary objectives are to safeguard investment principal, to maintain adequate liquidity to meet daily and longer -term projected cash flows and to achieve an investment return on the funds within the parameters of prudent risk management. The pool continues to invest in top -tier commercial paper, U.S. Agencies, medium term notes, 'AAAm' rated money market mutual funds, repurchase agreements and other high credit quality short-term money market securities. The pool, which averaged $5.5 billion in assets during the past year, invests a minimum of 25% in securities maturing overnight to 91 with a total of 50% maturing (one year or less) and the remainder of the portfolio in securities maturing in five years or less. Investors should consider the investment objective; risks and dtaryes ate .e eases of tthe'fund before investing. The prospectus whit be obtained from your broker -deafer, contains this and otter information about the fund and should be read carefully before investing. Grp tit can. • San Diego County Treasurer's Pooled Money Fund Portfolio Credit Quality as of March 31, 2011' Total Returns as of March 31, 2011, Annualized Cumulative Fund Index` ` Fund_: 'CM US Gov Bd 1-3y The returns shown above do not reflect the deduction ofsales loads or charges. Inclusion of me sales load would reduce the performance shown. $ 120000 {MOD AAAf / S1 Portfolio Maturity Distribution as of March 31, 2011 rn e e e q � 9 m ^• O Veal Portfolio Historical Performance Comparison (Growth of $ 10,000) 1111111111111.11111111 .. . . r r i. 8 R 1 1 1 1 8 o;; r R o nn Fund —ollusawealay The performance data quoted represents past performance. Past perfonance does not guarantee future results. The investment return and principal value of en investment wizl fluctuate so that an investor's shares, which when redeemed, maybe worth more or less than their original cost Current performance data may be lower or higher than the performance data quoted. Performance data current to the most recent month -end may be avabable by calling the fund at the phone number listed in the About tie Fund'section our page 1 Top Ten Holdings as of March 31, 2011 Security % Security % FNMA 17.52 FHLB 6.72 FFCB DN 8.81 FFCB 4.51 US TREASURY NOTE 8.24 CP UNION BANK NA 3.92 FHLMC 7.09 CP BANK OF NOVA SCO 3.75 FHLMC DN 6.87 CP TORONTO DOM HLDG 3.67 The volatility rating for this fund issued by Standard & Paces can be found in the 'About the Fund' section on page 1. There is no standard method for determining volatility ratings. The rating is current as of the date of this profile report. The fund's portfolio may have changed since this date and there Is no guarantee that the fund will continue to have the same rating or perform in the future as rated. Not all bond mutual funds have volatility ratings and those that do may have paid for them. The fad that a fund has a rating Is not an indication that it is more or less risky or volatile than a fund that does not. The fund or a third party participating the marketing of fund shares paid Standard & Poor's for this rating. Standard & Pool's receives no payment for disseminating ratings, except for subscriptions to its publications Analytic services provided by Standard & Pooles Ratings Services ("Ratings Services") are the result of separate activities designed to preserve the independence and objectivity of ratings opinions. The credit ratings and observations contained herein are solely statements of opinion and not statements of fact or recommendations to purchase, hold, or sell any securities or make any other investment decisions. Accordingly, any user of the information contained herein should not rely on any credit rating or other opinion contained herein in making any investment dedsion. Ratings are based on information received by Ratings Services. Other divisions of Standard & Pool's may have information that is not available to Ratings Services. Standard & Poor's is neither associated nor affiliated with the fund. The information in this report has been obtained by Standard & Poor's from sources believed by it to be reliable at the time the report is published. The information in this reµhr t, however, may be inaccurate or incomplete due to the possibility of human, mechanical, or other error by Standard & Poor's, its sources or others, or the information in this report may become inaccurate or incomplete due to the passage of time. 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Permissions:To reprint, banstate, or quote Standard & Pea's pub&ations, contact: Client Services, 55 Water Street, New York, NY 10041; (1) 212-438.-9823; r by email to: researdt 1, 9 FRIDAY, SEPTENIBER 09 S:00 API NOON rer's Office is pleased to hos, I,L Cash Handling Work 41rJa^ he Public Treasury Ins ifs; a nd treasury officials, it e6cassh handling technlk. s h r ling training instructions • jCompletion and a cop of � T. HE$TR' Anthony Francisco, CPFA, has taught cash handling training courses to treasurers and cash handling staff for more than 10 years. He is the main author of the APT Cash Handling Manual and certification course and currently chairs the APT Cash Handling Committee. Anthony has served as Finance Director for the City of Norman, OK since 1996 where he oversees the City's budget, accounting, treasury, management information systems, debt administration, investment, printing services, utility customer service, payroll and purchasing functions. Fd fUrthertOntatt Alejandra Lopez at 61 531.5222 0 E T A TREASURER -TAX COLLECTOR COUNTY OF SAN DIEGO COUNTY ADMINISTRATION CENTER • 1600 PACIFIC HIGHWAY, ROOM 112 SAN DIEGO, CALIFORNIA 92101-2477 • (619) 531-5225 • FAX (619) 595-4605 web site: http://www.sdtreastax.com DAN McALLISTER Treasurer -Tax Collector TREASURY OVERSIGHT COMMITTEE MEETING AGENDA Wednesday, October 19, 2011 - 1:30 p.m. County Administration Center 1600 Pacific Highway, Room 162 San Diego, CA 92101 Photographs of Treasurer Oversight,Committee membersrwill be taken at-1:30 1. Call Meeting to Order - Chair, Vernon Evans 2. Group Pictures of Treasury Oversight Members - Photographer 3. Request by Public to Address the Treasury Oversight Committee on Any Matter Within the Committee's Jurisdiction - Chair, Vernon Evans 4. Approval of April 14, 2011 Meeting Minutes 5. Economic Update 6. Portfolio Statistics & Strategy Update 7. Treasurer's Projects - Chair, Vernon Evans - Joel Friedman, Director Standard & Poor's - Rob Castetter / Kay Chandler - Treasurer, Dan McAllister Cash Handling Workshop - September 9, 2011 Debt Seminar - November 2, 2011 Investment Seminar / Cash Handling Workshop - February 2012 Recruitment for Credit Analyst Adjournment - - Chair SAN DIEGO COUNTY BOARDS,COMMISSIONS, AND COMMITTEES MEMBER ROSTER REPORT TREASURY OVERSIGHT COMMITTEE Contact Person: Lisa Marie Harris County Dept: Treasurer/Tax Collector Phone: 619-531-5686 Fax:619-557-4093 Mail Stop: A49 Member Name: Term: Nominated By: Appointed By: Requirement: Comments: Member Name: Term: Nominated By: Appointed By: Requirement: Comments: McAllister, Dan BCC Position: CONCURRENT Seat: Seat 1 TREASURER BOARD OF SUPERVISORS COUNTY TREASURER -TAX COLLECTOR Sandoval, Tracy BCC Position: INDEFINITE Seat: Seat 2 TREASURER BOARD OF SUPERVISORS AUDITOR/CONTROLLER Voting Member Member Name: Robbins -Meyer, Helen Term: INDEFINITE Nominated By: TREASURER Appointed By: BOARD OF SUPERVISORS Requirement: BOARD OF SUPERVISORS REPRESENTATIVE Comments: Voting Member Member Name: Duzyk, Lora Term: INDEFINITE Nominated By: TREASURER Appointed By: BOARD OF SUPERVISORS Requirement: COUNTY SUPERINTENDENT OF SCHOOLS REP Comments: Voting Member, Don Shelton (Ed.D) retired. BCC Position: Seat: Seat 3 Member Name: Term: Nominated By: Appointed By: Requirement: Comments: BCC Position: Seat: Seat 4 Little II, Ronald D. BCC Position: INDEFINITE Seat: Seat.5 TREASURER BOARD OF SUPERVISORS COMMUNITY COLLEGES/SCHOOL REP 1st Appt. Member Name: Wasmund, Renee Term: INDEFINITE Nominated By: TREASURER Appointed By: BOARD OF SUPERVISORS Requirement: Special District Representative (SANDAG) Comments: NON -VOTING MEMBER (EX-OFFICIO). Member Name: Term: Nominated By: Appointed By: Requirement: Comments: • BCC Position: Seat: Seat 6 Dillingham III, Benjamin Franklin BCC Position: 3-YEARS Seat: Seat 7 TREASURER BOARD OF SUPERVISORS Public Member 1st Full Term. Expiration: 1/3/2011 Appointed: 1/8/2007 MO: Expiration: INDEFINITE Appointed: 12/14/2004 MO: 2 Expiration: INDEFINITE Appointed: 8/4/1998 MO: 23 Expiration: INDEFINITE Appointed: 4/19/2005 MO: 9 Expiration: INDEFINITE Appointed: 11/9/2010 MO: 25 Expiration: 12/31/2012 Appointed: 12/8/2009 MO: 15 Expiration: 12/31/2013 Appointed: 11/9/2010 MO: 25 Monday, March 21, 2011 Page 1 of 2 Member Name: Term: Nominated By: Appointed By: Requirement: Comments: Member Name: Term: Nominated By: Appointed By: Requirement: Comments: 'hfeinber'Name: Term: Nominated By: Appointed By: Requirement: Comments: Member Name: Term: Nominated By: Appointed By: Requirement: Comments: SAN DIEGO COUNTY BOARDS, COMMISSIONS, AND COMMITTEES MEMBER ROSTER REPORT LaHay, Thomas BCC Position: Public Member 3-YEARS Seat: Seat 8 TREASURER BOARD OF SUPERVISORS Public Member 1st appt. 03/15/11 (16) Annette Hubbel resigned 2/2011 Evans, Vernon BCC Position: Chair 3-YEARS Seat: Seat 9 TRFASURER BOARD OF SUPERVISORS Public Member Voting Member. Re-appt (2nd term) 12/11/07 Zapata, Chris BCC Position: 3-YEARS Seat: Seat 10 TREASURER BOARD OF SUPERVISORS Public Member Voting Member. Re-appt. 12/9/08 Cooks, Wilmer Jr. BCC Position: 3-YEARS Seat: Seat 11 TREASURER BOARD OF SUPERVISORS Public Member Voting Member. Re-appt 12/11/07(2nd term) Expiration: 12/31/2012 Appointed: 3/15/2011- MO: 16 Expiration: 12/31/2011 Appointed: 12/11/2007 MO: 13 Expiration 12/31/2012 Appointed: 12/9/2008 MO: 29 Expiration: 12/31/2011 Appointed: 12/11/2007 MO: 13 Monday, March 21, 2011 Page 2 of 2 73 Marina Village Conference Center 1936 Quivira Way, Bayview Room San Diego, California 92109 Wednesday, November 2, 2011 8:15am-3:00pm 7:45 am Registration 815 am Welcome Dan McAllister Treasurer -Tax Collector, County of San Diego 830am Legislative Update: State Budgetary and Legisfauve in«utivi s Aft, ting Local Government Blake Fowler Ducctor ofPub tc Finance, State Treasurer s Office Catherine Hill Regional Public Affairs Mar tiger; League of California Cities (Invlteo) 9:15 am Continuing Disclosure: drapactbf Dodd- Frank and ucrs, MSR9,.-O,ASB,other coming mandates Lewi G Feldman . "Goodwin Procter LLB Kevttn,jivale StYadimg Yor c ; CSrlsori.& Raut�i Steven E. Fleaney Partner: Managing Direepir,. Stone & Youngberg LLC & Member Municipal Securities Rulemaking 5oaro 10:00 ant Break 10:15 am New Trends & Variable Rate Debt Prudent mix in todays market, trends in LOC and standby purchase agreement, private placements Anand Kesaan Senior Vice President Siebert Brandford Shank & Co., LLC Timothy 1- McKeon SVP & Managing Director ,oveiriment Banking, US Bank N.A. Brian 0.: Quint Partite, Quint Thimmlg LLP 1100 am Issuance and Sizing of TRANS: Bond proceeds investment Catherine Bando Director, Ci ti William M. Doyle Partner, Orrick, Herrington & Sufclliff LLP 12.00 pm Lunch Panel of Press 1:15 pm School Districts: Trends n Bond Issuance cr Other Recent. Developments Moderator: Lora Duzyk Asst. Superintendent of Business Services,. Sari Diego CountyOffice of Edu_aiion • Speakers: Cennie 1 el. ouis �upervrstng Deputy Attorney Gener.e, CA,Attbiney.Generat Cline Mark 1. 5aladino ireas0rerT x Collector, Cocnty of Los Arigr I 2:00 pm Managing Rating Agency Relationships In a Challenging Environment 'Nny rafings are mare important than eve; rating ,rends since Sep. 20CP, Impact on marketing and pricing et bones Angela Kukoda Senior Vice Presiders, FirstSouthwest Steven Zimmerman Managing Director Standard & Poors 3:00 pm Program Conclusions CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1 , 2011 AGENDA ITEM NO.11 EM TITLE: Request to use the Granger Music Hall by National City Historical Society for a Holiday Dinner Party on Wednesday, December 7, 2011, from 1:00 pm to 10:00 pm, at no cost under the terms of the lease between Community Development Commission of National City and the National City Historical Society dated August 19, 2008. PREPARED BY: Joe Smith PHONE: 336-4587 EXPLANATION: DEPARTMENT: Public Works APPROVED BY: Per the lease entered into on August 19, 2008 between the Community Development Commission of National City and the National City Historical Society, the National City Historical Society was granted exclusive use of the Granger Music Hall for twelve days each year at no cost. The NC Historical Society will utilize one of their twelve uses on Wednesday, December 7, 2011, from 1:00 pm to 10:00 pm. Fees: Refundable Deposits: Facility Use Fee $ 50.00 Cleaning: $100.00 Hall Fee $633.24 Kitchen: $ 60.00 Custodial $ 44.00 Kitchen $ 60.00 Total $787.24 s request is consistent with City Council Policy 803 governing the use of the Granger Music Hall.. FINANCIAL STATEMENT: ACCOUNT NO. n/a n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the request.. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: ;ility Use Application `�-- I11<c1„ I City of National City Facility Use Application Rev.1/25/11 140 E. 12th Street, Ste. B National City, CA 91950 (619)336-4290 Fax (619)336-4292 After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend The City Council meeting when the item is scheduled for consideration in order to answer any questions from The City Council Facility Requested: please circle pg\Oc Y�(� Martin Luther King Jr. Building North Room South Room Entire Facility 6.01L "\- 71 )ate(s) of Use: Qfi ��2�t Day(s) of Use: 5 rime of Use: From: ( loam To: AM/PM — INCLUDE SET-UP & CLEAN UP TIME yj Function/Activity: ame & Address of Organization/Group: Non- profit organizati the event open to the public? L Tax ID# nticipated Maximum Attendance: A. p ercentage of Natio 1 City Residents g 0 "ill Admission be ch ge Amount �� Will this be a Fund Raising Event? ch %'6 Y�l' of banquet tables luipment Requested: o M f') din op4o'n� Stage "PLEASE ATTACH SEATING DIAGRAM Audio & Visual Equipment Required? (Please Specify) b� o nO) 4e5> )r14- h eed9 0077 -6 se of 'tchen: es No Use of Gas for Range and Oven: Yes No the Use of Alcohol Requested? ill other paid services be used (I. e, commercial caterer, DJ, Band, etc)? Yes No ar Phone: `o\Ot- -1 Phone: How many times in the last twelve months have you requested to use a City Facility? 1 It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by. all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. DATE COMPLE r ED: PRINT NAME: SIGNATURE: ADDRESS OF APPLICANT: CITY, STATE, AND ZIP CODE: PHONE: DAY FAX NUMBER: CONTACT PERSON ON THE DAY OF THE EVENT: HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. PHONE: ( ) CELL: ( ) Community Services Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Returned: Check Key issued: YES NO CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person 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 include the city, its officials, agents and employees named as additional insured and to sign the hold harmless agreement. Certificate of Insurance must be attached to this permit. Organization: ti Person in charge of activity: Address: 6‘4,LiovAk e- 14414 yytuse,uvn. Telephone: (Al - ! V7) t Z25 E-Mail: CVu \4ctPJ) Date(s) of use: (j � "� D I ( City Facilities and/ or property requested: 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 its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages 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 or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. tk Date Certificate of Insurance Approved by 5. `.5 D- J Lei Name and Title 11\ (W16 Safety/ Security Please describe your procedures for crowd control and intemal security: P V0L k 5 v U ry wr \v 1Ja W (mac kC)1/4,4 JeGv__ dor_ Oa-1(1-0'ff) -0 fl-c 1'M lel-V-N2( 17A10 s0731-P k) Te-tbvw- VA) a4dLig-ins -Toy (Ar\Y-asTPCnMs YES NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: n t‘'"`t.{' CvLe oft - Security Director (Name): Phone: Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: c Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: Contact phone number the day of event: Fees and Costs: YES NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: SUMMARY OF CHARGES Service Clubs: $1001month Other Organizations: see prices below Martin Luther King Jr. Community Center Activity South Room North Room Entire Hall Dining: 0-73 $23.45/hr 0-149 $70.36/hr 150-221 $87.95/hr 222-294 Dance/ Assembly: 0-100 $23.45/hr 101-157 $29.32/hr 158-300 $70.36/hr 301-472 $87.95/hr 473-630 $117.26/hr $117.26/hr Casa de Salud, El Toyon Recreation, Camacho Recreation & Kimball Recreation Center $23.45/hr *Please note Camacho Gym falls under 801 Policy Fee Kimball Senior Center 0-149 $70.36/hr 151-221 $87.97/hr Kitchen: $10.00/hr $50.00 Minimum — (only to be used in conjunction with the use of the hall) $60.00 Kitchen Deposit — (required, can not be waived, and refundable upon approval from Public Works staff) $22.00/hr. during working hours and $35.00/hr. for overtime hours hrs Total$ Custodial charge shall be charges for set up, clean up and duration of event based on the events' estimated attendance as follows: 1-100 person / lhr. set up and lhr. clean up 101-157 2hr. set up and 2hr. clean up 158-300 3hr. set up and 3hr. clean up 301-472 4hr. set up and 4hr. clean up 473-630 5hr. set up and 5hr. clean up **PLEASE NOTE: ADDITIONAL CHARGE FOR TABLES AND CHAIRS $1.00 PER TABLE, $.75 PER CHAIR** Building use fee: $50.00-required, non waivable and non-refundable INSURANCE WILL BE REQUIRED, FOR ALL RENTALS. APPLICATION INSTRUCTIONS Please complete and sign the application for Facility Use. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15th, 2011 AGENDA ITEM NO. '12 EM TITLE: Warrant Register #16 for the period of 10/12/11 through 10/18/11 in the amount of $1,378,530.84 PREPARED BY: K. Apalategui! DEPARTMENT: Finan PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 10/12/11 through 10/18/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Public Emp Ret System 244056 272,829.21 Retirement Insurance Service period 10-11-3 SDG&E 244061 65,585.92 Facilities Gas & Electric FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: 1Ratification of warrants in the amount of $1,378,530.84 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #16 PAYEE GRANICUS INC GROSSMAN PSYCHOLOGICAL ID SERVICES INC IMAGING PRODUCTS INTERNATIONAL CODE COUNCIL IRON MOUNTAIN JOHN P HARRIS LASER SAVER INC LIMFUECO MAN K-9 INC. MASON'S SAW & MEYERS/NAVE LAW CORP MILLER ORIENTAL TRADING CO INC ORKIN PEST CONTROL PERRY FORD POWERSTRIDE BATTERY CO INC PRIME SPORTS SALES & DESIGN RO BUILD RUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RELIABLE TIRE CO S D COUNTY SHERIFF'S DEPT SAM'S ALIGNMENT SERVICE SAN DIEGO BMW MOTORCYCLES SDG&E SMART SOURCE OF CA LLC SOUTHWEST SIGNAL SERVICE SSD SYSTEMS STAPLES ADVANTAGE SWEETWATER AUTHORITY THE SOHAGI LAW GROUP PLC U S BANK UNION TRIBUNE UNION TRIBUNE PUB CO UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VCA MAIN ST ANIMAL HOSPITAL WAXIE SANITARY SUPPLY ZOLL MEDICAL CORP ECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 21 9/20/2011 1QORPdRATED l WARRANT REGISTER #16 10/18/2011 DESCRIPTION GRANICUS WEBCAST SERVICE/MIS OFFICER ASSIST PRGM/ OCT-DEC 2011 WHITE CARDS- MIS CASIO EX-Z700 DIGITAL ZOOM CAMERA NFPA NAT ELECTRICAL CODE HANDBOOK RECORDS MANAGEMENT/ C CLERK S-215 OPER IN THE WILDLAND URBAN MOP 45725 MATERIALS & SUPPLIES REIMB / CSMFO ADVERTISEMENT WEEKLY MAINT TRAINING / PD K-9 MOP 45729 MATERIALS & SUPPLIES INV 2011090012 / MOU NEGOTIATIONS REIMBURSEMENT / POSTAGE INV 646383337-01/ CRAFT SUPPLIES PEST MAINTENANCE MOP 45703 AUTO PARTS MOP 67839 AUTO PARTS HANES TAGLESS T-SHIRTS / CSD MOP 45707 PLUMBING MATERIAL MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 10-11-3 PASSENGER TIRES - / PW SHERIFF'S RANGE USE / AUG 2011 MOP 72442 R&M AUTO EQUIPMENT R&M CITY VEHICLES FACILITIES GAS & ELECTRIC TRAFFIC WARNING BOOKS / POLICE TRAFFIC SIGNAL & STREET LIGHTING REPAIR CAMERA POWER SUPPLY / MIS MOP# 45704. OFFICE SUPPLIES / MIS FACILITIES WATER BILL AMENDMENT / GEN PLAN UPDATE CREDIT CARD EXPENSES / CSD ADVERTISING OF PLANNING COMMISSION LEGAL NOTICES ADVERTISING FY2012 SWEEPER REPAIRS MOP 46453 PLUMBING MATERIAL K9 VET CARE FOR FY 2012 JANITORIAL SUPPLIES CUFF ALL PURPOSE, PEDIATRIC/FIRE Start Date 10/12/2011 End Date 10/3/2011 End Date 10/18/2011 Check Date 10/12/2011 2/2 CHK NO DATE AMOUNT 244036 10/18/11 1,477.35 244037 10/18/11 2,987.50 244038 10/18/11 39.94 244039 10/18/11 1,145.89 244040 10/18/11 173.41 244041 10/18/11 135.00 244042 10/18/11 3,600.00 244043 10/18/11 419.12 244044 10/18/11 225.00 244045 10/18/11 800.00 244 046 10/18/11 188.86 244047 10/18/11 14,382.50 244048 10/18/11 57.25 244049 10/18/11 401.84 244050 10/18/11 373.33 244051 10/18/11 525.21 244052 10/18/11 339.48 244053 10/18/11 408.80 244054 10/18/11 1,197.35 244055 10/18/11 225.79 244056 10/18/11 272, 829.21 244057 10/18/11 219.50 244058 10/18/11 400.00 244059 10/18/11 393.27 244060 10/18/11 73.06 244061 10/18/11 65, 585.92 244062 10/18/11 535.92 244063 10/18/11 11, 619.00 244064 10/18/11 139.00 244065 10/18/11 68.76 244066 10/18/11 40, 870.40 244067 10/18/11 14,382.50 244068 10/18/11 45.00 244069 10/18/11 788.40 244070 10/18/11 2,920.00 244071 10/18/11 1,170.58 244072 10/18/11 866.71 244073 10/18/11 177.04 244074 10/18/11 2,202.54 244075 10/18/11 104.40 AP Total 495,965.42 4,427.01 878,138.41 GRAND TOTAL $ 1,378,530.84 N PAYEE CLAIMS MANAGEMENT ASSOCIATES CREATIVE IMAGES PHOTOGRAPHY FEDEX AMAZON BAKER & TAYLOR BRODART CITY OF NATIONAL CITY HULLABALOO MARGO SMART MIDWEST TAPE NEWSBANK INC. SPRINT STAPLES ADVANTAGE THE SHOPPER INC U S POSTMASTER XEROX CORPORATION CHRISTENSEN & SPATH LLP EQUIFAX INFORMATION SVCS JOBS AVAILABLE INC NAN MCKAY AND ASSOC INC NATIONAL CITY HISTORICAL SOCIE OPPER & VARCO LLP SAN DIEGO TROLLEY INC U S BANK VERIZON WIRELESS ABCANA INDUSTRIES AMAYA ASSI SECURITY INC AT&T MOBILITY AT&T/MCI AT&T/MCI BURKE WILLIAMS & SORENSEN LLP CAL EXPRESS CALIFORNIA COMMERCIAL SECURITY CEB CHAPMAN APPLIANCE SVCS INC CLEAN HARBORS COX COMMUNICATIONS DAPPER TIRE COMPANY DION INTERNATIONAL TRUCK INC DOCUFLOW SOLUTIONS, INC DREW FORD ENNIS PAINT SAN DIEGO ENTENMANN ROVIN COMPANY EXPERIAN FERGUSON ENTERPRISES INC FON-JON KENNELS FRANK TOYOTA GCA LABELS GRAINGER ry INCORPORATED WARRANT REGISTER #16 10/18/2011 DESCRIPTION CONSULTANT SVCS / RISK / OCT 2011 2011 STATE OF THE CITY PHOTO CD POSTCARDS / GNH COUNCIL MEETING BOOKS - AS NEEDED FOR FY 2012. BOOKS - AS NEEDED FOR FY 2012. BOOKS - AS NEEDED FOR FY 2012. SALES TAX LIBRARY GUEST PERFORMER FOR FAMILY LITERACI PERFORMER FOR FAMILIES FOR LITERACY DVD'S - AS NEEDED FOR FY 2012. ANNUAL SUBSCRIPTION: - VIDEO CONFERENCING, LONG DISTANCE SUPPLIES DVD'S PAC LOCKS POSTAGE FOR OVERDUE NOTICES XEROX BASE CHARGES AND OVERAGES LEGAL SERVICES / ARE HOLDING EQUIFAX INFO SVCS / SEC 8 MEMBERSHIP RENEWAL / REDEV SECTION 8: UPDATES & REVISIONS REIMB TO PUBLICIZE KIMBALL HOUSE CONSULT SVCS/ ED VILLAGE/GEN TROLLEY FLAGGING SERVICES / NSD CREDIT CARD EXPENSES / REDEV VERIZON CELL PHONE SVCS / SEC 8 POOL CHEMICALS TRAVEL EXPENSE - PROPOSITION D EXTEND MAIN LOBBY DOOR / PW SECURE WIRELESS CIRCUIT / PD SBC AT&T PHONE SERVICE FOR FY12 SBC AT&T PHONE SERVICE FOR FY12 FFA GRIEVANCE 2010 / SVCS 8/31/11 FILINGS/SERVING 2 PITCHES MOTIONS MOP 45754 BUILDING MATERIAL CONDEMNATION PRACTICE 2011 UPDATE LABOR, REPAIR DISHWASHER HAZARDOUS WASTE PICKUP COX COMMUNICATIONS DATA & VIDEO MOP 72654 TIRES BOARD #2587517C1 ANNUAL TYPEWRITER MAINT / FIN MOP 49078 AUTO PARTS MOP 74690 TRAFFIC CONTROL SUPPLY DOME BADGE / FIRE CREDIT CHECK / POLICE DEPARTMENT MOP 45723 SEWER PIPE & MATERIALS KENNEL FEES FOR POLICE K9'S TOYOTA PRIUS HYBRID LABELS / POLICE MOP 65179 ELECTRICAL MATERIAL 1/2 CHK NO DATE AMOUNT 243986 10/ 13/ 11 4.965.00 243987 10/18/11 150.00 243988 10/18/11 349.90 243989 10/18/11 646.66 243990 10/18/11 1,245.80 243991 10/18/11 1,514.34 243992 10/18/11 5.48 243993 10/18/11 200.00 243994 10/18/11 240.00 243995 10/18/11 204 32 243996 10/18/11 3,840.00 243997 10/18/11 10.99 243998 10/18/11 251.71 243999 10/18/11 407.57 244000 10/18/11 272.36 244001 10/18/11 574.26 244002 10/18/11 13, 530.00 244003 10/18/11 81.33 244004 10/18/11 39 00 244005 10/18/11 224. 244006 10/18/11 5,000.00 244007 10/18/11 76.50 244008 10/18/11 106.24 244009 10/18/11 4.00 244010 10/18/11 273.71 244011 10/18/11 529.11 244012 10/18/11 54.39 244013 10/18/11 150.00 244014 10/18/11 399.46 244015 10/18/11 3,167.33 244016 10/18/11 357.32 244017 10/18/11 4,322.50 244018 10/18/11 205.50 244019 10/18/11 200.50 244020 10/18/11 165 72 244021 10/18/11 250.41 244022 10/18/11 931.26 244023 10/18/11 3,078.91 244024 10/18/11 140.00 244025 10/18/11 186.53 244026 10/18/11 140.00 244027 10/18/11 77.36 244028 10/18/11 377.53 244029 10/18/11 93.P 244030 10/18/11 42. 244031 10/18/11 49 8 - 56 244032 10/18/11 25.00 244033 10/18/11 1,049.25 244034 10/18/11 214.34 244035 10/18/11 601.15 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LIS"IED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR TIIE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANC CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOI'ELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, 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 TIIE 15`h OF NOVEMBER, 2011. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15th, 2011 AGENDA ITEM Na 13 EM TITLE: Warrant Register #17 for the period of 10/19/11 through 10/25/11 in the amount of $940,370.10 PREPARED BY: K. Apalategui DEPARTMENT: Finan PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 10/19/11 through 10/25/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Health Net Check 244161 Amount 64,272.04 Explanation Insurance Active Nov 2011 Kaiser Foundation 244181 155,222.62 Insurance Active Nov 2011 D. .blic Emp Ret System 244222 266,563.58 Service Period 10-11-4 FINANCIAL STATEMENT: ACCOUNT NO. N/{N ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $940,370.10 BOARD / COMMISSION RECOMMENDATION: N/iN ATTACHMENTS: rrant Register #17 PAYEE ARCO GASPRO PLUS BRENNTAG PACIFIC INC CHEVRON & TEXACO JJJ ENTERPRISES NATIONAL CITY CAR WASH SAM'S ALIGNMENT SERVICE SAN DIEGO BMW MOTORCYCLES CENTER ON POLICY INITIATIVES LEXIS NEXIS MILE OF CARS ASSOCIATION PRO BUILD THOMSON WEST DESROCHERS DIXIELINE BUILDERS KANE BALLMER & BERKMAN N C CHAMBER OF COMMERCE OPPER & VARCO "JER PLUS BUILD FKuJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY SAFDIE RABINES ARCHITECTS SDG&E SW EETWATER AUTHORITY ACEDO AIRGAS WEST ALBA TAYLOR ALL FRESH PRODUCTS ALLEN ALVA CLAUDIA P ANDERSON AT&T MOBILITY AT&T/MCI BALLERINI COURT REPORTERS BECK BEST BEST & KRIEGER LLP BISHOP BOGLE BONSUISSE INC BOOT WORLD BOYD BRENNTAG PACIFIC INC 1 SOLUTIONS INC F CTI CTI CA BUILDING STANDARD COMMISSION CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT WARRANT REGISTER # 17 10/25/2011 DESCRIPTION FUEL FOR CITY FLEET POOL CHEMICALS MOP 45699 FUEL FIRE ALARM INSPECTION CAR WASHES WHEEL ALIGNMENT R&M CITY VEHICLES CPI 2011 GALA / VM SOTELO-SOLIS ONLINE LEGAL RESEARCH FY12 FY12 APPORTIONMENT #10 MOP# 45707. TOWER OF TERROR SUPP LEGAL PUBLICATIONS FOR FY12 RETIREE HEALTH BENEFITS / NOV 11 LOAN / HOME PROGRAM REHAB - RADER LEGAL SERVICES / TROUGH 9/30/11 REVOLVING LOAN FUND LEGAL SVCS / AUG 2011 EQUIPMENT RENTAL (POWER POLES) MOP# 45707. PAINTING SUPPLIES/NSD PROFESSIONAL SVCS/AQUATIC CENTER MOP# 45742. LAUNDRY SERVICES/NSD PROFESSIONAL SVCS/AQUATIC CENTER GAS AND ELECTRIC UTILITIES / CDC WATER UTILITIES / CDC RETIREE HEALTH BENEFITS / NOV 11 MOP 45714 WEARING APPAREL REFUND FOR DISMISSED TICKET FOOD / NUTRITION CENTER RETIREE HEALTH BENEFITS / NOV 11 REFUND FOR DUPLICATE PAYMENT RETIREE HEALTH BENEFITS / NOV 11 SECURE WIRELESS CIRCUIT / PD SBC AT&T PHONE SERVICE FOR FY12 COURT REPORTER SERVICES RETIREE HEALTH BENEFITS / NOV 11 PERSONNEL ISSUES / SEP 30, 2011 RETIREE HEALTH BENEFITS / NOV 11 TRAVEL EXP - CHALLENGE CONE MILK & DAIRY DELIVERY / NUTRITION MOP 64096 WEARING APPAREL RETIREE HEALTH BENEFITS / NOV 11 POOL CHEMICALS LMP-P260 SONY HOUSING CTS LAMP FIRE/LTD NOV 2011 UNDERSTANDING PERFORMANCE FACTORS & ERROR MGMT COURSE BUILDING STANDARD ADMIN FEES MOP 45698 ELECTRICAL MATERIAL PD/LTD NOV 2011 CHK NO DATE 244076 10/20/11 244077 10/20/11 244078 10/20/11 244079 10/20/11 244080 10/20/11 244081 10/20/11 244082 10/20/11 244083 10/24/11 244084 10/24/11 244085 10/24/11 244086 10/24/11 244087 10/24/11 244088 10/25/11 244089 10/25/11 244090 10/25/11 244091 10/25/11 244092 10/25/11 244093 10/25/11 244094 10/25/11 244095 10/25/11 244096 10/25/11 244097 10/25/11 244098 10/25/11 244099 10/25/11 244100 10/25/11 244101 10/25/11 244102 10/25/11 244103 10/25/11 244104 10/25/11 244105 10/25/11 244106 10/25/11 244107 10/25/11 244108 10/25/11 244109 10/25/11 244110 10/25/11 244111 10/25/11 244112 10/25/11 244113 10/25/11 244114 10/25/11 244115 10/25/11 244116 10/25/11 244117 10/25/11 244118 10/25/11 244119 10/25/11 244120 10/25/11 244121 10/25/11 244122 10/25/11 244123 10/25/11 244124 10/25/11 1/4 AMOUNT 39,067.36 621.42 418.94 900.00 252.00 531.75 1,668.04 125.00 854.76 44, 518.54 498.21 2,428.02 110.00 42, 685.00 75.00 250.00 2,625.50 195.00 206.16 3,956.25 41.61 29,426.06 130.40 380.76 160.00 49.65 50.00 3,439.72 125.00 40.00 110.00 1,919.01 6,345.87 747.75 140.00 765.00 110.00 194.10 431.81 125.00 145.00 555.97 184.99 576.00 277.00 209.00 289.00 467.64 1,560.00 2/4 PAYEE CARQUEST AUTO PARTS CDWG CEB CINTAS DOCUMENT MANAGEMENT CITY OF CHULA VISTA CITY OF SAN DIEGO CONDON CORPUZ CULLIGAN D MAX ENGINEERING INC DANESHFAR DAPPER TIRE COMPANY DATA TICKET INC DEFRATIS DELL MARKETING CORP DELTA DENTAL DELTA DENTAL DEPT OF CONSERVATION DICERCHIO DREDGE EISER III ESGIL CORPORATION ESGIL CORPORATION FAST SIGNS FERGUSON ENTERPRISES INC FIRE ETC GELSKEY GIBBS JR GLENN'S BODY SHOP GONZALES LAMBERTO GOO GOVPARTNER GRAINGER GRAINGER HAMILTON MEATS & PROVISIONS HANSON HEALTH NET HEALTH NET HEALTH NET HEALTH NET HERNANDEZ HODGES HOLLIS HORIZON HEALTH EAP IAPMO ICC SAN DIEGO AREA CHAPTER INTERVIEWS & INTERROGATIONS INVESTMENT SYMPOSIUM INVESTMENT SYMPOSIUM • CALL, d'.Ni}A I1(1GIjRPORATED WARRANT REGISTER # 17 10/25/2011 DESCRIPTION MOP 47557 AUTO PARTS UNIVERSAL PC WALL MOUNT BRACKETS CA ADM HEARING PRACTICE MONTHLY SHREDDING / POLICE PROFESSIONAL SERVICES ANNUAL LINE FEES FOR FY 2012 RETIREE HEALTH BENEFITS / NOV 11 RETIREE HEALTH BENEFITS / NOV 11 WATER SOFTENER SVCS / NUTRITION DEPOSIT#1574 COSTCO SITE RETIREE HEALTH BENEFITS / NOV 11 MOP 72654 TIRES APPEALS, ON-LINE ACCESS / AUG 2011 RETIREE HEALTH BENEFITS / NOV 11 VOSTRO V131 LAPTOP NOTEBOOK COBRA DENTAL INS - SEP 2011 PM! COBRA DENTAL INS - SEP 2011 SMIP COSTS JUL - SEP 2011 RETIREE HEALTH BENEFITS / NOV 11 RETIREE HEALTH BENEFITS / NOV 11 RETIREE HEALTH BENEFITS / NOV 11 PLAN CHECK SERVICES / FIRE PLAN CHECKING SERVICES / BUILDING VINYL SIGNS / FIRE MOP 45723 SEWER MATERIAL REPLACEMENT BOOTS / FIRE DEPT RETIREE HEALTH BENEFITS / NOV 11 RETIREE HEALTH BENEFITS / NOV 11 REIMBURSEMENT FIRE ALARM PERMIT REFUND OF DUPLICATE PAYMENT RETIREE HEALTH BENEFITS / NOV 11 GOVPARTNER(CDP) PERMIT TRACKING MOP 65179 ELECTRICAL MATERIAL MOP 65179 SMALL TOOLS MEAT DELIVERY / NUTRITION RETIREE HEALTH BENEFITS / NOV 11 HEALTH INS R1192A NOV 2011 FULL NETWORK - 57135A NOV 11 HEALTH NET - R1192F NOV 2011 HEALTH NET - 57135F NOV 2011 ADV DISPATCHER UPDATE COURSE RETIREE HEALTH BENEFITS / NOV 11 RETIREE HEALTH BENEFITS / NOV 11 EMPLOYEE ASST PROGRAM CA PLUMBING INSPECTION SEMINAR CA PLUMBING/MECHANICAL INSPECTION INTERVIEW & INTERROGATION COURSE DEBT ISSUANCE SEMINAR DEBT ISSUANCE SEMINAR CHK NO DATE AMOUNT 244125 10/25/11 9-66 244126 10/25/11 181.74 244127 10/25/11 135.55 244128 10/25/11 72.95 244129 10/25/11 4,885.32 244130 10/25/11 3,000.00 244131 10/25/11 280.00 244132 10/25/11 140.00 244133 10/25/11 7.00 244134 10/25/11 1,260.00 244135 10/25/11 250.00 244136 10/25/11 437.96 244137 10/25/11 8,510.51 244138 10/25/11 120.00 244139 10/25/11 4,796.22 244140 10/25/11 732.30 244141 10/25/11 109.48 244142 10/25/11 1,347.84 244143 10/25/11 7C 244144 10/25/11 250., 244145 10/25/11 250.00 244146 10/25/11 922.50 244147 10/25/11 42,079.78 244148 10/25/11 43.50 244149 10/25/11 452.04 244150 10/25/11 356.12 244151 10/25/11 115.00 244152 10/25/11 120.00 244153 10/25/11 800.00 244154 10/25/11 60.00 244155 10/25/11 165.00 244156 10/25/11 46, 000.00 244157 10/25/11 572.37 244158 10/25/11 231.64 244159 10/25/11 1.387.27 244160 10/25/11 135.00 244161 10/25/11 64, 272.04 244162 10/25/11 6,764.73 244163 10/25/11 3,152.35 244164 10/25/11 1,304.42 244165 10/25/11 962.31 244166 10/25/11 200.00 244167 10/25/11 185.f0 244168 10/25/11 74, 244169 10/25/11 45.0u. 244170 10/25/11 45.00 244171 10/25/11 200.00 244172 10/25/11 75.00 244173 10/25/11 25.00 PAYEE JAMES JEFFREY L SERVATIUS JERAULDS CAR CARE CENTER JERRY'S HEATING & JORGE ARELLANO JULITA G TRIMOR DMD JUNIEL KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMBLE KIMLEY HORN AND ASSOC INC LANDA LASER SAVER INC LIMFUECO LOPEZ MALLORY FIRE -.ON'S SAW & .ON'S SAW & MA I IENZO MCAFEE MCCABE MCDOUGAL LOVE ECKIS MEDINA MELCHER MUNICIPAL CODE CORPORATION MUNICIPAL EMERGENCY SERVICES MURRAY MYERS NAPA AUTO PARTS NITV FEDERAL SERVICES LLC NOSAL WILLIAM A OCHOA PACIFIC BELL DIRECTORY PADRE JANITORIAL SUPPLIES INC PAUU PBS&J PEASE JR PERRY FORD POST POTTER POWERSTRIDE BATTERY CO INC BUILD BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY PSTC PUBLIC EMP RETIREMENT SYSTEM I-Pict/RA=6A WARRANT REGISTER # 17 10/25/2011 DESCRIPTION RETIREE HEALTH BENEFITS / NOV 11 RETIREE HEALTH BENEFITS 1 NOV 11 MOP 72449 R&M AUTO EQUIPMENT REFUND OF BUILDING PERMIT REFUND DISMISSED BY DATATICKET REFUND OVER PAYMENT OF B/L RETIREE HEALTH BENEFITS / NOV 11 KAISER INS ACTIVE NOV 2011 RET INS NOV 2011 / GP# 104220-03 RET -COBRA SEP 11/ GP104220-00036 RETIREE HEALTH BENEFITS / NOV 11 CITY WIDE SPEED SURVEYS / PD RETIREE HEALTH BENEFITS / NOV 11 MOP# 45725. TONER / FIRE RETIREE HEALTH BENEFITS / NOV 11 TRANSLATION SERVICES FOR FY 2012 SUPPLIES FOR FIRE DEPT MOP# 45729. EQUIP REPAIR / FIRE MOP 45729 MATERIALS & SUPPLIES RETIREE HEALTH BENEFITS / NOV 11 EMAIL SECURITY / 10/1/11-9/30/12 RETIREE HEALTH BENEFITS / NOV 11 CIVIL SERVICE COMMISSION SEP 2011 RETIREE HEALTH BENEFITS / NOV 11 COMMUNICATIONS TRAINING OFFICER MUNICIPAL CODE SUPPLEMENT#32 RESCUE TOOLS / FIRE DEPT RETIREE HEALTH BENEFITS / NOV 11 RETIREE HEALTH BENEFITS / NOV 11 MOP 45735 OIL CERTIFIED EXAMINERS COURSE RETIREE HEALTH BENEFITS / NOV 11 RETIREE HEALTH BENEFITS / NOV 11 BL Admin Refund JANITORIAL SUPPLIES / NUTRITION RETIREE HEALTH BENEFITS / NOV 11 SEWER BILL/TAX ROLL RETIREE HEALTH BENEFITS / NOV 11 MOP 45703 AUTO PARTS RETIREE HEALTH BENEFITS / NOV 11 RETIREE HEALTH BENEFITS / NOV 11 MOP 67839 AUTO PARTS MOP 45707 PLUMBING MATERIAL MOP 45707 BUILDING MATERIAL KNIFE SHARPENING SVCS / NUTRITION MOP# 45742. LAUNDRY SVCS/ FIRE MOP 45742 LAUNDRY SERVICE COMMUNICATION TRAINING SERVICE PERIOD 10-11-4 3/4 CHK NO DATE AMOUNT 244174 10/25/11 140.00 244175 10/25/11 340.00 244176 10/25/11 99.98 244177 10/25/11 89.00 244178 10/25/11 20.00 244179 10/25/11 244.00 244180 10/25/11 50.00 244181 10/25/11 155, 222.62 244182 10/25/11 11, 678.20 244183 10/25/11 6,102.82 244184 10/25/11 300.00 244185 10/25/11 970.00 244186 10/25/11 155.00 244187 10/25/11 86.09 244188 10/25/11 160.00 244189 10/25/11 140.00 244190 10/25/11 353.39 244191 10/25/11 22.80 244192 10/25/11 49.16 244193 10/25/11 100.00 244194 10/25/11 10, 890.00 244195 10/25/11 280.00 244196 10/25/11 35.00 244197 10/25/11 105.00 244198 10/25/11 961.20 244199 10/25/11 6,414.26 244200 10/25/11 7,666.78 244201 10/25/11 150.00 244202 10/25/11 140.00 244203 10/25/11 490.15 244204 10/25/11 1,295.00 244205 10/25/11 1,137.19 244206 10/25/11 125.00 244207 10/25/11 10.50 244208 10/25/11 42.87 244209 10/25/11 340.00 244210 10/25/11 732.00 244211 10/25/11 140.00 244212 10/25/11 286.06 244213 10/25/11 280.00 244214 10/25/11 150.00 244215 10/25/11 518.05 244216 10/25/11 237.24 244217 10/25/11 954.81 244218 10/25/11 46.00 244219 10/25/11 44.90 244220 10/25/11 248.16 244221 10/25/11 330.00 244 222 10/25/11 266, 563.58 PAYEE RAY RELIANCE STANDARD RIVERSIDE SHERIFFS DEPT ROARK ROE RPM WELDING INC RUIZ SAN DIEGO AMERICAN RED CROSS SAN DIEGO MIRAMAR COLLEGE SAN DIEGO POLICE EQUIPMENT SHEPHARD SHORT SOLAR WEST ELECTRIC SOUTH BAY COMMUNITY SERVICES SOUTH COAST CONCRETE SOUTH COAST EMERGENCY STAPLES ADVANTAGE STRASEN SYSCO SAN DIEGO THE LIGHTHOUSE INC THE LINCOLN NATIONAL LIFE INS THIRD DEGREE COMMUNICATIONS TOM MOYNAHAN TRAINING FOR SAFETY INC TRIVIZ TURF STAR U S IDENTIFICATION MANUAL URBAN FUTURES URIAS V & V MANUFACTURING VALLEY INDUSTRIAL SPECIALTIES VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VIDEO4THEWEB.COM VISION INTERNET PROVIDERS W.S. DARLEY WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZIETLOW ZOLL MEDICAL CORP ZUMAR INDUSTRIES WARRANT REGISTER # 17 10/25/2011 DESCRIPTION RETIREE HEALTH BENEFITS / NOV 11 VTL NOVEMBER 2011 BACKGROUND INVESTIGATION COURSE RETIREE HEALTH BENEFITS / NOV 11 RETIREE HEALTH BENEFITS / NOV 11 LABOR TO REPAIR 5 TABLES TOPS RETIREE HEALTH BENEFITS / NOV 11 PROVIDER AGREEMENT CPR RADAR CERTIFICATION COURSE SPEER LAWMAN 40 S&W/SUPP POLICE CHILD EXPLOITATION COURSE RETIREE HEALTH BENEFITS / NOV 11 REIMB OF COST FOR BLDG PERMIT STAFF SVCS FOR CEDV GRANT / PD REFUND OF CANCELLED B/L INSTALLATION OF ADDITIONAL FOLDING MOP# 45704. OFFICE SUPPLIES/ PD RETIREE HEALTH BENEFITS / NOV 11 FOOD & CONSUMABLES / NUTRITION MOP 45726 AUTO PARTS LIFE & AD&D, STD, LTD INS NOV 2011 CHILD EXPLOITATION COURSE MOP 45734 R&M AUTO EQUIPMENT ADV DISPATCHER UPDATE COURSE RETIREE HEALTH BENEFITS / NOV 11 BEARING ASSEMBLY 46-8530 SUBSCRIPTION RENEWAL FINANCIAL ADVISORY SERVICES RETIREE HEALTH BENEFITS / NOV 11 NEW BADGES / POLICE MOP 46453 PLUMBING MATERIAL MOP 46453 PLUMBING MATERIAL STRAY ANIMAL VET CARE / POLICE MAYOR'S STATE OF THE CITY ADDRESS ADDED GOOGLE TRANSLATION TO WEB PLUG NDIKE PREMIX / FIRE CLEAR INV DATABASES / SEP 2011 MOP 63850 MATERIALS & SUPPLIES MOP# 45763. ELECTRICAL SUPP/ FIRE RETIREE HEALTH BENEFITS / NOV 11 AUTOPULSE 1 YEAR EXT WARRANTY STREET SIGNS / PW 4/4 CHK NO DATE AMOUNT 244223 10/25/11 190.00 244224 10/25/11 2,398.91 244225 10/25/11 20.00 244226 10/25/11 135.00 244227 10/25/11 120.00 244228 10/25/11 793.10 244229 10/25/11 310.00 244230 10/25/11 405.00 244231 10/25/11 108.00 244232 10/25/11 7,090.50 244233 10/25/11 522.40 244234 10/25/11 300.00 244235 10/25/11 166.00 244236 10/25/11 15,196.00 244237 10/25/11 200.00 244238 10/25/11 371.61 244239 10/25/11 3,131.28 244240 10/25/11 135.00 244241 10/25/11 4,94F' 244242 10/25/11 29... 244243 10/25/11 8,193.25 244244 10/25/11 345.00 244245 10/25/11 100.00 244246 10/25/11 285.00 244247 10/25/11 135.00 244248 10/25/11 359.95 244249 10/25/11 178 61 244250 10/25/11 18, 980.00 244251 10/25/11 125 00 244252 10/25/11 208.88 244253 10/25/11 956.18 244254 10/25/11 1,266.26 244255 10/25/11 306.16 244256 10/25/11 250.00 244257 10/25/11 770.00 244258 10/25/11 222.37 244259 10/25/11 412.80 244260 10/25/11 170.13 244261 10/25/11 14.86 244262 10/25/11 150.00 244263 10/25/11 3,690.75 244264 10/25/11 499.10 A/P Total 940,370.'t Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF TIIE 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 TIIAT TIIE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CI IAIRLMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER 1 HEREBY CERTIFY TIIAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND TIIE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMEN'I' THEREOF BY THE CITY COUNCIL ON THE 15`" OF NOVEMBER, 2011. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15, 2011 AGENDA ITEM NO. 14 EM TITLE: Continued Public Hearing — Street Vacation vacating a portion of D Avenue south of 3151 Street, and a portion of 32nd Street east of D Avenue to allow construction of the 165,000 square -foot Gateway project. (Applicant: Sudberry Properties, Inc.) (Case File No. 2008-37 SC). PREPARED BY: Martin Reeder DEPARTMENT: Development,Svcs/Planning. PHONE: 619-336-4313 APPROVED BY: EXPLANATION: The City Council initiated the vacation request on September 20, 2011 to vacate the easterly half of D Avenue south of East 32nd Street, and the unimproved portion of East 32nd Street east of D Avenue. The Planning Commission determined that the vacation is consistent with the General Plan on October 17, 2011. Council continued this item from the November 1, 2011 meeting due to public notification requirements not being met. This Street Vacation is associated with a Conditional Use Permit, Minor Use Permit, and Zone Variance for the 165,000 square -foot Gateway project. Pursuant to the City's Street Vacation Procedures adopted in 2006, public hearings for street vacations need to be noticed in the newspaper and on site for a minimum of two consecutive weeks prior to the hearing. The site was posted starting Wednesday, October 26, 2011 and noticed in the San Diego Union Tribune on October 28 and November 4, 2011 attached Background Report describes the proposed vacation in more detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Mitigated Negative Declaration (2008-37 IS). ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the Planning Commission determination and recommends approval of the street vacation. BOARD / COMMISSION RECOMMENDATION: The Planning Commission determined the Street Vacation request complies with the General Plan. Vote: Ayes — Farias, Baca, Pruitt, Reynolds, Flores Absent: Alvarado, DeLaPaz. ATTACHMENTS: Background Report Recommended Finding 13. Location Map BACKGROUND REPORT The streets to be vacated are D Avenue south of East 31st Street and approximately four blocks of East 32nd Street, which in this area is not improved (paper street). Half of the street area to be vacated is in the City, while the other half is in Chula Vista; the City boundary runs down the centerline of D Avenue. Specifically, the area to be vacated is 750 feet of the easterly half (40 feet) of D Avenue and a 560-foot section of 32nd Street east of the D Avenue centerline. Conversely, the applicant is requesting vacation of the westerly 40 feet of D Avenue and part of 32nd Street west of D Avenue, both in Chula Vista. General Plan Conformance D Avenue in this location is not considered either an arterial or collector street. The street dead -ends at SR-54 and is used as primary access to the swap meet property. There is also secondary access to the drive-in site. Seeing as both of these uses are proposed to be replaced by this project, and all three properties are owned by the project proponents, it can be seen that the roads will serve no future need should the project be approved. Furthermore, the City has no plans to connect D Avenue to its counterpart in Chula Vista, which would entail either a tunnel under or bridge over SR- 54. As mentioned previously, 32nd Street in this location is a paper street and does not exist. The 'street' is a dirt area north of the drive-in property (west of D Avenue) and part of the swap meet parking lot (east of D Avenue). Additionally, 32nd Street does not extend beyond this area, with the exception of a small portion in the Lincoln Acres area and also an area west of Interstate 5 on Port of San Diego property. Therefore, the paper street to be vacated serves no future need or use. Adopted in January 2006, the City's Street Vacation Procedures require the City Council to initiate a request to vacate any public streets. The Council initiated the street vacation request on September 20, 2011. Pursuant to the Streets and Highways Code, Section 8313 and the Street Vacation Procedures, the Planning Commission must determine whether a proposed vacation is in conformance with the General Plan and forward the recommendation to the City Council. The Commission found the vacation in conformance with the General Plan at their meeting of October 17, 2011. Summary Seeing as neither D Avenue nor 32nd Street in this area are identified as being in current or future need in the Circulation Element, the proposed street vacations would be consistent with the policies and goals of the General Plan. Furthermore, the vacation will facilitate the project under review, which will contribute to the overall economic health of the City. RECOMMENDED FINDING FOR APPROVAL OF THE STREET VACATION 2008-37 IS, SV, LS, CUP — Gateway 1 That neither D Avenue nor 32"d Street in the project area are identified as being in current or future need in the Circulation Element, the proposed street vacations would be consistent with the policies and goals of the General Plan and since the vacation will facilitate the project under review, which will contribute to overall economic health of the City. - , _, C. --- m '-''- " G\ y-- 1 \ PARCEL "E' �::� ' -\\ \ °B' �- - PARCEL t \ PARCEL 'A'-- t \ - \ t \ NATIONAL CITY STREET VACATIONS PARCEL 'A' PARCEL '8' PARCEL 'C' PARCEL 'D' PARCEL 'D' PARCEL 'C' -_ - 5A 9IPi u1V POR TTON OF `0" AVENUE DEDICATED AS STREET EASEACNT PER DOC. REC. 05-18-54, IN BK 5175, PC 335, O.R. CONTAINS 0.07 ACRES PORTION OF "D" AVENUE GRANTEE) 1N FEE TO NATIONN. CITY PER 00C. REC. 08-21-13, BK 623 PC 257 OF DEEDS. CONTAINS 0.09 ACRES PORTION OF `D" AVENUE RESERVED IN FEE TITLE FOR STREET PURPOSES BY NATIONAL CITY PER 00C. REC. 04-04-63, F/P 57589, O.R. AND A PORTION RELINQUISHED Sr 1W STATE OF CALIFORNIA PER DOC. REC. 08-02-93, F/P 93-0496369, O.R. CONTAINS 0.66 ACRES A PORTION OF 321,1) STREET, FORMERLY 'A" STREET. PER MAP N7. 50.5 FILED IN R£ OFFICE OF THE SAN DIEGO COUNTY RECORDER MARCH 18, I888, CONTAINS 0.54 ACRES NATIONAL CITY STREET DEDICATIONS PARCEL 'E' SCALE 1'= 150' 75' 150' 300' GRAPHIC SCALE PORTION OF "D" AVENL£ TO BE DEDICATED TO NATIONAL CITY FOR STREET PURPOSES, CONTAINS 0.07 ACRES OCTOBER 24, 2011 FUSCCE ENGINFFRINC INC. 6390 GREENWICH DR. STE. 770 SAN DIEGO, CA 92122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15, 2011 AGENDA ITEM NO. 15 :NI TITLE: Public Hearing to consider adoption of Resolutions Amending Resolution Nos. 2010-59, 2010-70, and 2010-71, Resolutions of Necessity for the Acquisition of Real Property for the Plaza Boulevard Street Widening Project (Nagraj, Inc., APN 557-410-19; Todd AI-Bayati/Samiya Abdul Sattar Kaddory, APN 557-420-30; Artemio P. Puedan/Flora O. Puedan, APN 557-410-05) PREPARED BY: Maryam Babaki DEPARTMENTS: Development Services George H. Eiser, III City Attorney PHONES: Exts. 4383 and 4221 EXPLANATION: APPROVED BY: APPROVED BY: Please see attached Report to City Council.. FINANCIAL STATEMENT: ACCOUNT NO. General Fund will not be affected.. ENVIRONMENTAL REVIEW: Mitigated Negative Declaration adopted December 20, 2005. Finding of No Significant Impact approved June 22, 2006. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Hold public hearing.. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: • Report to City Council • Notices of Intent to Amend Previously —Adopted Resolution of Necessity • Proposed Resolutions • Memorandum from City Attorney to Mayor and City Council dated March 24, 2010 • Project Description • Resolution Nos. 2010-59, 2010-70, and 2010-71 Report to City the City Council MEETING DATE: November 15, 2011 SUBJECT: Amendment of Resolution of Necessity Nos. 2010-59, 2010-70, and 2010- 71 for Acquisition of Right of Way for Plaza Boulevard Street Widening Project • Nagraj, Inc. (1700 East Plaza Blvd., APN 557-410-19) • Todd Al-Bayati/Samiya Abdul Sattar Kaddory (East Plaza Blvd., APN 557-420-30) • Artemio P. Puedan/Flora O. Puedan (1736-1740 East Plaza Blvd., APN 557-410-05) Recommendation Adopt the attached Resolutions amending previously -adopted Resolutions of Necessity authorizing and directing the appropriate actions to be taken to acquire the necessary property rights, and obtain possession at the earliest possible dates, for the Plaza Boulevard Street Widening Project. Background The improvement project (Exhibit "A" Vicinity Map, attached hereto) will widen approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project. The Project will improve vehicle circulation and lessen traffic safety concerns. On April 6, 2010 the City Council held a public hearing and thereafter adopted Resolutions of Necessity, Resolution Nos. 2010-59, 2010-70, and 2010-71, in which the City Council made the findings required by law in order to authorize the commencement of eminent domain proceedings. Said resolutions authorized the filing of Complaints in Eminent Domain for the City's acquisition of strips of right of way and temporary construction easements on Assessor Parcel Nos. 557-410-19, 557-420-30, and 557-410- 05 from Nagraj, Inc., Todd AI-Bayati/Samiya Abdul Sattar Kaddory, and Artemio P. Puedan/Flora O. Puedan, respectively, the record property owners. The legal descriptions and plats of the proposed acquisitions were included in Resolution Nos. 2010-59, 2010- 70, and 2010-71. Pursuant to said Resolutions, Complaints in Eminent Domain were filed in superior court on July 29, 2010. Answers were filed in the court actions by the attorney representing the property owners and lessees. A mediation conference was conducted on August 18, but unfortunately, the mediation did not result in the matters being resolved. NOTICE OF INTENT TO AMEND PREVIOUSLY —ADOPTED RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) DATE: October 31, 2011 TO: Artemio and Flora O. Puedan 2124 Alexander Drive Escondido, CA 92025-6408 Anthony Nash, Esq. Luce Forward Hamilton & Scripps, LLP 660 West Broadway, Suite 2600 San Diego, CA 92101 PROJECT: Plaza Boulevard Street Widening Project LOCATION: 1736-1740 East Plaza Boulevard, 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 necessary 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 he acquired is necessary for the project. (d) The offer required by Government Code Section 7267.2 has been made to the owner of record. You are hereby notified that on November 15, 2011, at 6:00 p.m., in the Council Chambers at City Hall, 1243 National City Boulevard, National City, the City Council of the City of National City will meet to decide if the above conditions are met concerning your property, and if the conditions are met, to adopt an Amended 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. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4380 Fax: (619) 336.4397 The proposed resolution, if adopted, will approve the amendment of a previously -approved Resolution of Necessity to authorize the City of National City to acquire the property by eminent domain. Descriptions of the required property are attached to this Notice as Exhibit "A" and Exhibit "B". The proposed public use for this property 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 will be entitled to appear and object to the adoption of the proposed 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 be on file within the 15-day period. Failure to file a written request will result in a waiver of your right 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). By designating which condition(s) forms the basis of your concerns, and why, you will enable the City Council to conduct a full and expeditious review 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-dayperiocl. - If you have any questions, please call the undersigned at (619) 336-4380: CITY OF NATIONAL CITY By. Maryam Babaki, P.E. Development Services Director/City Engineer October 31, 2011 2 Notice of Intent Plaza Blvd Street Widening Project 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, STAI'h OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARY'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 EAS 1'hRLY LINE SOUTH 76°30'26" WEST 36.83 FEET TO TI3E 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 PEET TO THE TRUE POINT OF BEGINNING: AREA=0.008 ACRES, MORE OR LESS EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-05 A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months commencing on November 16, 2011 and terminating twelve (12) months later. The actual time to effect the construction on and use of the real property during this 12 month time period shall not exceed thirty (30) days. Prior to the start of the actual construction a 30 day notice will be given to the owner(s) and occupants of the real property. There will be no other physical usage of the Temporary Construction Easement other than during thirty (30) days of actual construction. At no time will there be equipment and/or materials staged and/or stored within the easement area. Said Temporary Construction Easement shall include the right to enter upon the property described in Exhibit "C" and Exhibit "D" attached hereto and made a part hereof and to perform all acts necessary for the construction of street improvement structures and appurtenant structures associated with the Plaza Boulevard Street Widening Project. Such acts shall further include without limitation, construction and installing street improvements, driveway transitions, restriping of parking lots, drainage structures, utilities, retaining walls, slopes, landscaping, restoring and replacing private improvements located in and on said easement area described in Exhibit "C" and Exhibit "D". EXHIBIT "B" (Page 2) This easement shall further include the right of unobstructed ingress and egress from the street to the easement area described in Exhibit "C" and Exhibit "D", including the right to pass and repass over and along the easement, and to utilize tools, implements and other materials on the easement area and to utilize construction, automotive and other equipment thereon when necessary.for the purposes of exercising the rights secured hereunder. Upon completion of the construction work, the City, and/or its contractors, employees, agents or representatives shall (a) remove from the Temporary Construction Easement its and their construction equipment and materials and restore the easement area equal to the condition it was prior to the date and time of the commencement of the term of this easement. The restoration shall specifically include the repair/replacement of any landscaping, structures, fences, driveways, or other improvements on or in the easement area that belong to the owner(s) and that are or have been removed, damaged or destroyed by the City, and/or contractors, agents and employees. Impacted utilities and/or light standards will be protected in place/and/or relocated. The Temporary Construction Easement area is described in Exhibit "C" and Exhibit "D" attached hereto and hereby incorporated by reference and consists of approximately 2136 Sq. Feet more or less. (0.049 Acres) Exhibit "C" TEMPORARY CONS I RUCTION 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 14 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 1N 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 NORTHEWESTERLY, 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 OF1°43'25 A DISTANCE OF 18.72 FEET; 5. THENCE SOUTH 33°00'13" . WEST 10.97 FFFT 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 T( NCF 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; . Exhibit "C" (Page 2) 7. THENCE ALONG SAID WESTERLY LINE NORTH 17°41'47 WEST 18.44 FEET TO TIIE 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 CEN 1ERAL ANGLE OF 8°49' 13" A DISTANCE OF 94.24 FEET; 9. THENCE NORTH 76°30'26" EAST 36.83 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.049 ACRES, MORE OR LESS Exhibit "D" APN 557410-05 S 03'58'45' E (R) 2611.1 cos Al LEGEND 11 T.P.0.0. P.O.13: A e"�i1w N 8T46'13" E 805.90' S 1721'57' f 4.01' CZ 5 7639,2 f/ 5 044TJ'21"ERA.. 1 -•� �( C`5 0 wit 41199'�, I\ 41 $'96 1-5\ w1 cr,1 \sue !p p Mk 1° or 9 PERMANENT A1CORISiTION AREA = 0:0011 =ACRES 7EUPORA1W CONSTRUCTION EASEMENT t10Ej. `. AREA = 0.049 ACRES TR1JE POINT OF •BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 LAND. PER DEED REC. 9/25/03 AS DOC. NO. 2003-1182985 O.R. Pof. NW 1/4 Dr W 1/2 LOT 2 IN QUAnfEH SEG. 126 OF ;AHD. DE LA NAGION MAP. NO. 166 557-41D-05 \\ - S 86 '27- W�144,07' P.O.B. U54TILITY AND ACCESS CP4 EASEMENT REC. 7/23/68 AS FILE NO. 124201 D.R. CP crt T.P.O.B. PERM. A. AND TCE • • • TPULIITEO"C0RVE:DATA :CURVE — _DELTA : RADIUS: • LENGTH. CI 849'13' 612;20`. 94:24' 131.07' C2 13'54'25* 540.00' C3 s 4'13`52" G2220' 45.4.5' G4 1'43'25`: 622.20' . 18.72' C5 • : 448'39" : 622:20' 52.42' REVISED, BY DRAWN SY K.A cilEdIP DT: MA APP1i0V'ED 8Y DAZE: DATE: 4-16-oB DATE: 5-:19-06 DA?� NATIONAL CITY .SCALE 1_40' P.ERIAMENT ACQUISIII.ON AND 1EMPOtfARY- CONST1tUCTION' £ASI:31EN7 RN :557 f1045.. THE PUEAAFI FAMILY .7RUSi 9ATED.9/05/o3. DOC. NO. DWG. NO. NOTICE OF INTENT TO AMEND PREVIOUSLY —ADOPTED RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) DATE: October 31, 2011 TO: Todd AI-Bayati Samiya Abdul Sattar Kaddory 11917 Corona Vis El Cajon, CA 92019-4262 PROJECT: LOCATION: APN: VESTING: Anthony Nash, Esq. Ltice Forward Hamilton & Scripps, LLP 660 West Broadway, Suite 2600 San Diego, CA 92101 Plaza Boulevard Street Widening Project East Plaza Boulevard, National City, CA 91950 557-420-30 Todd Al-Bayati and 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 necessary 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. You are hereby notified that on November 15, 2011, at 6:00 p.m., in the Council Chambers at City Hall, 1243 National City Boulevard, National City, the City Council of the City of National City will meet to decide if the above conditions are met concerning your property, and if the conditions are met, to adopt an Amended 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. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4380 Fax: (619) 336.4397 61) The proposed resolution, if adopted, will approve the amendment of a previously -approved Resolution of Necessity to authorize the City of National City to acquire the property by eminent domain. Descriptions of the required property are attached to this Notice as Exhibit "A" and Exhibit "B". The proposed public use for this property 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 will be entitled to appear and object to the adoption of the proposed 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 be on file within the 15-day period. Failure to file a written request will result in a waiver of your right 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). By designating which condition(s) forms the basis of your concerns, and why, you will enable the City Council to conduct a full and expeditious review 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. If you have any questions, please call the undersigned at (619) 336-4380. CITY OF NATIONAL CITY Development Services Director/City Engineer 2 Notice of Intent Plaza Blvd Street Widening Project October 31, 2011 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 O N 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 SOIITH.65°12'41' WEST 1089.05 FEET FROM A BRASSDISK' STAMPED CP3 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 66629'03" WEST 39.12 FEET TO. A POINT ON THE• NORTHERLY UNE 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 UNE NORTH 74°41'06' EAST (NORTH 73°43'.06' EAST PER SAID PARCEL MAP) 14.98. FEET TO THE TRUE. POINT OF BEGINNING. EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 557-420-30 A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months commencing on November 16, 2011 and terminating twelve (12) months later. The actual time to effect the construction on and use of the real property during this 12 month time period shall not exceed thirty (30) days. Prior to the start of the actual construction a 30 day notice will be given to the owner(s) and occupants of the real property. There will be no other physical usage of the Temporary Construction Easement other than during e thirty (30) days of actual construction. At no time will there be equipment and/or materials staged and/or stored within the easement area. Said Temporary Construction Easement shall include the right to enter upon the property described in Exhibit "C" and Exhibit "D" attached hereto and made a part hereof and to perform all acts necessary for the construction of street improvement structures and appurtenant structures associated with the Plaza Boulevard Street Widening Project. Such acts. shall further include without limitation, construction and installing street improvements, driveway transitions, restriping of parking lots, drainage structures, utilities, retaining walls, slopes, landscaping, restoring and replacing private improvements located in and on said easement area described in Exhibit "C" and Exhibit "D".. EXHIBIT "B" (page 2)! This easement shall further include the right of unobstructed ingress and. egress from the street to the easement area described in Exhibit "C" and Exhibit "D", including the right to pass and repass over and along the easement, and to utilize tools, implements and other materials on the easement area and to utilize construction, automotive and other equipment thereon when necessary for the purposes of exercising the rights secured hereunder. Upon completion of the construction work, the City, and/or its contractors, employees, agents or representatives shall (a) remove from the Temporary Construction Easement its and their construction equipment and materials and restore the easement area equal to the condition it was prior to the date and time of the commencement of the term of this easement. The restoration shall specifically include the repair/replacement of any landscaping, structures, fences, driveways, or other improvements on or in the easement area that belong to the owner(s) and that are or have been removed, damaged or destroyed by the City, and/or contractors, agents and employees. Impacted utilities and/or Tight standards will be protected in place/and/or relocated. The Temporary Construction Easement area is described in Exhibit "C" and Exhibit "D" attached hereto and hereby incorporated by reference and consists of approximately 923 square feet, more or less. 44, Exhibit "C" 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, FILEDIN 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 TIME COUN1Y RECORDER ON AUGUST 30,.2002 WHICH BEARS SOUTH 65°1241WEST 1689;05 FEET FROM A BRASS DISK STAMPED CP3 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 60°29'03! WEST 39:12•FEET TO A -POINT ON THE NORTHERLY LIME OF SAID PARCEL 2; SAID LINE. ALSO BEING THE SOUTHERLY LINE OF PLAZA BOULEVARD, SAID POINT BEINGTHE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID NORTHERLY LINE NORTH 74°4106' EAST 16.99 FEET TO THE NOITIHEAST CORNER OF SAID PARCEL2; 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°3026" WEST 37.31 FEEr, 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,-THENCB-ALONG-SAID-WES-TE4iLYIINE-NORTH_i7215T WET_4.04 FEET TO THE NORTHWEST CORNER THEREOF 7. THENCE ALONG THE NORTHERLY LINE OF SAD PARCEL 2 NORTH 74°41'05" EAST 95,14 FEET; 8. THENCE LEAVING SAID • NORTHERLY LINE SOUTH 16,27'25" EAST 2.06 ' VENCE NORTV 76°302.e EAST 100 FEET; . • 11)...TVENCE NORTH 16°27257 WEST 2.54' FEET TO' THE TRUE pcqui: JF GBEINNING... . . • - AREA q2ar-SO. MORE ORLESS. EXP. 3-31:10- L:A1111J1L 1J APN 557-420-30 •- T.P.O.B.° PERU. AOQ. AND TCE A N ss�s/ T P:O H 669'p�. ��9-1\ W PERM, ACQ. J9 >i AND TOE ?' SEE DETAIL THIS SHET z; csk PoR.NW114o.r W 112 or 86 ACFE LOT 2 IN QUARTER a c. i21 or RHO DE LA NACIoN MAP No, 166 LEG -END syiSED BY: PERM MENT . AOQUIstuof • AREA = 34. 5WARE• f r TEMPORARY CONSTRUCTION EASEMEII; (TCE) AREA = 923 SQ JARE FEET TRUE POINT OF: BEGINNING. POINT OF.i1EGtNNIH.G CONTROL POINT PER.11OS..17515. RANH BY; 11E : BY: 1AA FPk0 E:0 9Y:. A4 L5A TABULATED: UNE DATA .: UNE. BEARING LENGn{ LI . S`16.27'25'.E 2.54' 12 $ 761016' 1N1 1-6.00' LS, ,N.162715!W.i. 2.06'. , L4 .14.74741'06" E.' 14:98' L5: :14 74501'05' E- .',16:99' NNTIONA 14-26-091 P JT ACf�(fI MON. D111E 28-D9 AND. TE61P(%iARY.CONSTRUCII 1 EASEIAENT AQ}�. 55T=42O--30 �iE: . • Al—BAYATI. AND SAMII�A•ABD11L. SATTAR, KAOD DATE.: ORY SCALE 17 = O' DOC. N0. DWG: N0. NOTICE OF INTENT TO AMEND PREVIOUSLY —ADOPTED RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) DATE: October 31, 2011 TO: Nagraj, Inc. 1700 East Plaza Boulevard National City, CA 91950 Anthony Nash, Esq. Luce Forward Hamilton &Scripps, LLP 660 West Broadway, Suite 2600 San Diego, CA 92101 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 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 necessary 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. You are hereby notified that on November 15, 2011, at 6:00 p.m., in the Council Chambers at City Hall, 1243 National City Boulevard, National City, the City Council of the City of National City will meet to decide if the above conditions are met concerning your property, and if the conditions are met, to adopt an Amended 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. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4380 Fax: (619) 336.4397 The proposed resolution, if adopted, will approve the amendment of a previously -approved Resolution of Necessity to authorize the City of National City to acquire the property by eminent domain. Descriptions of the required property are attached to this Notice as Exhibit "A" and Exhibit "B". The proposed public use for this property 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 will be entitled to appear and object to the adoption of the proposed 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 be on file within the 15-day period. Failure to file a written request will result in a waiver of your right 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). By designating which condition(s) forms the basis of your concerns, and why, you will enable the City Council to conduct a full and expeditious review of the project's effect on your property. For your convenience, the City Council will consider any written connnents you may wish to submit, as long as such written comments are filed within the 15-day period. If you have any questions, please call the undersigned at (619) 336-4380. crry OF NATIONAL CITY Maryam Babaki, P.E. Development Services Director/City Engineer October 31, 2011 2 Notice of Intent Plaza Blvd Street Widening Project 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 $9°04'36' EAST 383.63 FEET TO A POINT IN THE WESTERLY UNE OF LAND PER DEEDRECORDEDMARCH 13, 199E .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 UNE OF PLAZA BOULEVARD; 2. THENCE ALONG THE NORTHERLY UNE 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°41'4T EAST 2.61 FEET TO THE BEGINNING OF A NON=TANGENT-61-2=2[FFOOTRADIUSCURVE -CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 4°4021" EAST; 4. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1.3°59'51' A DISTANCE OF 149.56 FEET TO THE TRUE POINT OF BEGINNING. AREA .- 0.014 ACRES,MORE OS LESS: EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-19 A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12} months commencing on November 16, 2011 and terminating twelve (12) months later. The actual time to effect the construction on and use olthe real property during this 12 month time period shall not exceed thirty (30) days. Prior to the start of the actual construction a 30 day notice will be given to the owner(s) and occupants of the real property. There will be no other physical usage of the Temporary Construction Easement other than during the thirty (30) days of actual construction. At no time will there be equipment and/or materials staged and/or stored within the easement area. Said Temporary Construction Easement shall include the right to enter upon the property described in Exhibit "C" and Exhibit "D", attached hereto and made a part hereof and to perform all acts necessary for the construction of street improvement structures and appurtenant structures associated with the Plaza Boulevard Street Widening Project. Such acts shall further include without limitation, construction and installing street improvements, driveway transitions, restriping of parking lots, drainage structures, utilities, retaining walls, slopes, landscaping, restoring and replacing private improvements located in and on said easement area described in Exhibit "C" and Exhibit "D". EXHIBIT "B" (Page 2) his easement shall further include the right of unobstructed ingress and egress from the street to the easement area described in Exhibit "C" and Exhibit "D", including the right to pass and repass over and along the easement, and to utilize tools, implements and other materials on the easement area and to utilize construction, automotive and other equipment thereon when necessary for the purposes of exercising the rights secured hereunder. Upon completion of the construction work, the City, and/or its contractors, employees, agents or representatives shall (a) remove from the Temporary Construction Easement its and their construction equipment and materials and restore the easement area equal to the condition it was prior to the date and time of the commencement of the term of this easement. The restoration shall specifically include the repair/replacement of any landscaping, structures, fences, driveways, or Cher improvements on or in the easement area that belong to the owner(s) and that are or have been removed, damaged or destroyed by the City, and/or contractors, agents and employees. Impacted utilities and/or light standards will be protected in place/and/or relocated. The Temporary Construction Easement area is described in Exhibit "C" and Exhibit "D", attached hereto and hereby incorporated by reference and consists of approximately 0.039 Acres. Exhibit "C" 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 .128.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 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.THECOUNTY 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 Na 1998-. •O133180 •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 G THE TRUE POINT OF BEGINNING; 1. THENCE LEAVING.SAID WESTERLY LINE EASTERLY ALONG THE ARC OF . SAID CURVE -THROUGH A CENTRAL ANGLE OF 13659'51- A. DISTANCE OF 149.56 FEET TO A POINT ON THE EASTERLY LINE OF LAND PER SAID DEED; 2. THENCE ALONG SAID EASTERLY UNE SOUTH 17'41'47" EAST (SOUTH 18°13'32' EAST PER SAID DEED). 10:26 FEET TO THE BEGINNING OF A NON TANGENT 692.20-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL-LUNE-TOSAID-POINTSEARS-SOUTFL453'08' 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 440 FEET TO THE BEGINNING OF A NON- TANG.ENT 626.20-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL UNE TO SAP: 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 NORT14•9°40'39'•.• EAST 4:03 FEET TO THE: BEGINNING OFANON- -TANGENT 62 .20-FOOT RADIUS CURVE CONCAVE:NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 3°OO 44' WESI 7. THENCE WESTERLY ALONG HIE 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 NORTI-117°41'47` WEST.1120 FEET TO T11I= TRUE POINT OF.$EGINNING. Pagel of2 Exhibit "C" (Page 2) AREA = 0.039 ACRES, MORE OR LESS. r /p 52Zo� MICKEY lk-AG1 IRE /R 27648 EXP. 3-31-10 Pile 2of2 Exhibit "D" APN 557-410.19 CP6 y • cp -1?- T J P.O.B. _ CP5 ' 383.63 N 89'04'36" E T.P.O.O. PERFL ACQ. y AND 10E C5 TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH C1 16'03'56" 540.00' 151.41' C2. 1559'51" 6.12.20' 149.56'. C3 3'30'27' 622.20' 38:09' C4 475'08" 626.20' 48.30' C5 5'50.39' 622.20' 6146' LEGEND PERMANENT ACQUISITION AREA = 0.014 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE). AREA = 0.039: ACRES T.P.O.D. TRUE POINT OF BEGINNING P.O.B_ POINT OF BEGINNING A CONTROL POINT PER ROS 17515 PLAZA BLVD. Cl likibNill o 0 v NI tI p`{ d o T--,1 m{ o zit En AI LAND PER DEED REC. 3/13/98 AS DOC. NO..199B-0138180 O.R. 557-410-19 ' S 0410.21' E (R) O POR, NW 1/4 DE W 1/2 OF B0 AGR ' L o f 2 IN OJAR7r11 B5.c, 120 OF RHO: Dr LA NACION MAP NO. 166 REVISED BY: DAT£. DRAWN BY: KA UATE 4-16-08 NATIONAL CITY AtE CHECKED BY: MA DA1E:5-22-08 APPROVED BY. ()ATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APH 557-410-19. NAGRAJ INC. DOG NO. t .NO RESOLUTION NO. 2011 — RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NO. 2010-71 ADOPTED ON APRIL 6, 2010, AND FINDING AND DECLARING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND POSSESSION OF CERTAIN REAL PROPERTY INTERESTS FOR MUNICIPAL PURPOSES FOR THE PLAZA BOULEVARD STREET WIDENING PROJECT (Artemio P. Puedan and Flora O. Puedan, Trustees) (A Portion of Assessor's Parcel No. 557-410-05; 1736-1740 East Plaza Boulevard) WHEREAS, the City of National City is a municipal corporation organized and existing under the laws of the State of California; and WHEREAS, on April 6, 2010, the City Council of the City of National City adopted Resolution No. 2010-71, authorizing the acquisition of certain real property by eminent domain for the Plaza Boulevard Street Widening Project; and WHEREAS, on or about June 29, 2010, the City filed its complaint in Eminent Domain in the San Diego County Superior Court, Case No. 2010-00077983-CU-EI-SC, titled City of National City v. Artemio P. Puedan and Flora O. Puedan, et al. to acquire portions of Assessors Parcel No. 557-410-05 therein alleged; and WHEREAS, the City now desires to effect an amendment to Resolution No. 2010-71 to more particularly describe the property and property interests to be acquired from the owners of Assessors Parcel No. 557-410-05; and WHEREAS, in connection with its municipal purposes, it appears necessary for the City of National City to acquire certain real property interests for right-of-way and street. improvements designated as the Plaza Boulevard Street Widening Project (the "Project"); and WHEREAS, the public interest, convenience and necessity require the acquisition of the real property interests more particularly described and depicted in the attached legal descriptions, plats and drawings, referenced in Exhibits "A", "B", "C" and "D", attached hereto, indicating the general location of the property to be acquired and depicting the property; and WHEREAS, said Project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and WHEREAS, said real property interests are necessary for the Project; and WHEREAS, the real property interests to be acquired for the Project are located entirely within the territorial limits of the City of National City; and WHEREAS, the City of National City is authorized to acquire said real property interests by eminent domain pursuant to the California Constitution, Article 1, Section 19; California Government Code Sections 37350.5, 38900; 39790, 39792, 40404; and 66410 et seq.; California Streets and Highways Code Sections 23, 5100, 5101, 5023 and 5023.1, and California Code of Civil Procedure, Sections 1240.010, 1240.020, 1240.110, 1240.120 and 1255.410; Resolution No. 2011 — November 15, 2011 Page Two WHEREAS, an offer to purchase the required interests in the real property necessary for the Project was made to the owners of record, Artemio P. Puedan and Flora O. Puedan., pursuant to Section 7267.2 of the California Government- Code, which offer has not been accepted; and WHEREAS, the City Council of the City of National City finds and determines that its Notice of Intention to Adopt this Amended Resolution of Necessity was served on the owners of the subject real property and their attorneys of record, and on the date, time and place fixed for this hearing on the Amended Resolution, this City Council did hear and consider all the evidence presented. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City, pursuant to Code of Civil Procedure Sections 1240.030, 1245.230, and 1245.235, finds, determines and hereby declares, by a vote of no less than two-thirds of its members, as follows: 1. That the above recitations are true and correct. 2. That the public interest, convenience and necessity of the City of National City and the inhabitants thereof require the improvements and appurtenances thereto in connection with the proposed public Project, named "Plaza Boulevard Street Widening Project". 3. That the improvements and appurtenances thereto to be constructed upon, over, under, along, and across,the real property described and depicted in the attached Exhibits as now amended, have been planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 4. The real property and improvements sought to be acquired by this Resolution are necessary for the proposed Project. A copy of the legal descriptions as amended are attached as Exhibits "A", "B" and "C", and and incorporated herein by this reference. A map and Plat depicting the real property to be acquired is attached as Exhibit "D", and incorporated herein. 5. That an offer, as required by Government Code Section 7267.2 was made to the owners of record of the properties to be acquired, and notice and opportunity to appear before the City Council as required by Section 1245.235 of California Code of Civil Procedure has been given to the owner(s) of record. The owners were provided notice of his hearing as well as of the amended resolution. The offer has been made in compliance with all requirements of the California Eminent Domain Law. 6. The City Council of the City of National City has reviewed and considered the accompanying supporting Staff Report recommending the Condemnation of said property and the amendment of the Resolution No. 2010-71, and has heard and considered all evidence including all oral and written evidence, A copy of the Staff Report for the City of National City and incorporated herein by this reference regarding the amended resolution has been made a part of the administrative record herein. Resolution No. 2011 — November 15, 2011 Page Three BE IT FURTHER RESOLVED that the amended legal description (Temporary Construction Easement) set forth herein is hereby adopted, accepted and approved for the acquisition of the property, and supersedes the prior legal description set forth in Resolution No. 2010-71. In all other respects Resolution 2010-71, including the Council's previous findings and determinations remains the same, and said Resolution is incorporated herein as though fully set forth herein. BE IT FURTHER RESOLVED that there may be portions of said real property sought to be acquired which are appropriated to public uses; that the proposed use will not unreasonably interfere with or impair the continuance of the public use as they then exist or may reasonably be expected to exist in the future; that pursuant to Code of Civil Procedure Section 1240.510, the City of National City is authorized to acquire said real property by eminent domain; that the City Attomey is hereby directed to obtain possession of the real property interests sought to be. acquired as promptly as possible. PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 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, TN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166,FILED IN THE OFF1CP, OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11,1869, MORE PARTICULARY 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 OP. SURVEY MAP; THENCE SOUTH 86°54'27"WEST 144.07 FEET TO A POINT IN THE EAS 1'ERLY LINE OF LAND PER DEED RECORDED SEPTEMBER 25, 2003 AS DOCUMENT NO. 2003-1182085 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF IEGINNING; 1. THENCE LEAVING SAID EASTERLY LINE SOUTH 76°30'26" WEST 36.83 FEE 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 OP SAID LAND AND THE BEGINNING OE A NON -TANGENT 540.00-FOOT RADIUS CURVE CONCAVE NOI.TI]ERLY; 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 EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-05 A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months commencing on November 16, 2011 and terminating twelve (12) months later. -The actual time to effect the construction on anduse-dithe real property during this 12 month time period shall not exceed thirty (30) days. Prior to the start of the actual construction a 30 day notice will be given to the owner(s) and occupants of the real property. There will be no other physical usage of the Temporary Construction Easement other than during he thirty (30) days of actual construction. At no time will there be equipment and/or materials staged and/or stored within the easement area. Said Temporary Construction Easement shall include the right to enter upon the property described in Exhibit "C" and Exhibit "D" attached hereto and made a part hereof and to perform all acts necessary for the construction of street improvement structures and appurtenant structures associated with the Plaza Boulevard Street Widening Project. Such acts shall further include without limitation, construction and installing street improvements, driveway transitions, restriping of parking Tots, drainage structures, utilities, retaining walls, slopes, landscaping, restoring and replacing private improvements located in and on said easement area described in Exhibit "C" and Exhibit "D". EXHIBIT "B" (Page 2) This easement shall further include the right of unobstructed ingress and egress from the street to the easement area described in Exhibit "C" and Exhibit "D", including the right to pass and repass over and along the easement, and to utilize tools, implements and other materials on the easement area and to utilize construction, automotive and other equipmentthereon when necessary for the purposes of exercising the rights secured hereunder. Upon completion of the construction work, the City, and/or its contractors, employees, agents or representatives shall (a) remove from the Temporary Construction Easement its and their construction equipment and materials and restore the easement area equal to the condition it was prior to the date and time of the commencement of the term of this easement. The restoration shall specifically include the repair/replacement of any landscaping, structures, fences, driveways, or other improvements on or in the easement area that belong to the owner(s) and that are or have been removed, damaged or destroyed by the City, and/or contractors, agents and employees. Impacted utilities and/or light standards will be protected in place/and/or relocated. The Temporary Construction Easement area is described in Exhibit "C" and Exhibit "D" attached hereto and hereby incorporated by reference and consists of approximately 2136 Sq. Feet more or less. (0.049 Acres) Exhibit "C" 1'bMP'ORARY CONSTRUCTION EASEMENT APN 557-410.05 THAT PORTION OF THE NORTHWEST QUAR1bR 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 OE THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: E, . 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 EAS I'I;RLY 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 NORTHEWESTERLY, 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°49'335" EAST; 6_ THFNC.P. WFSTE1 LY ALONG THE ,ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OP 4°49'39" A DISTANCE OF 52.42 PEET TO A. POINT tt4 TIM WESTERLY LINEOF LAND PER SAIb OEED; .. Exhibit "C" (Page 2) 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 CENTERAL ANGLE OF 8°49' 13" A DISTANCE OF 94.24 PEET; 9. THENCE NORTH 76°30'26" EAST 36.83 FEET TO THE 1RUE POINT OF BEGINNING. AREA = 0.049 ACRES, MORE OR LESS Exhibit "D" • A15N 557-410-05-. 805,90' 8T46'13" E--------- --- � _-_--------`VV� S 17'21'57'E - CP5 P`AZP gL.• 4.01' S 03'58'15' E (R) vi N ,1.4141 (EGEND T.P.O.B. P.O.B. • tico PERMANE14T 41)111SITION AREA = 11.009 -ACRES TEMPORARY 00151R0C110N EASEldENT OCE). . AREA 0.049. ACRES TRUE POINT OF BEGINNING POINT OF BEG1NNING CONTROL POINT PER ROS 11515 CZ S NV 144,07 _ - U1UMTY. AND: ACCESS OP4 EASEMENT REC. 7/23/68 AS FU E NO. 124201 O.R. T-P.O.B PERM. ACQ. AND TCF 11.E {"' tar - LAND. PER D® REC 9/25/03 AS D0C..NO. 2003-1182085 0.R.. PM. NW 1/4 O W1/2LOT 21N QUARTER SEC, 12P OF RHO. DE LA NACION MAP. NO, 166 557-410-05 :CURVE. Cl C2 C3 C4 TA$Iiugo:cutVE-MsfA . .. 1f14G1H. 94:24` `DATA 8.49i4. 13'54`25" or52" r43'25" 4'49'39" 'RADIUS: -612 W. 54400' .622.200 622.20' 622:20' REVISER BY: DRAWN BY: KA DATE DAIS 4-164 NATIONAL OW 131.Dr 45 95' 18.72' 52:42' C11ECK}D BY:. It Dil1E:•5'f9-0 • IAP13880 87: PFRM AMENT XfYIUISI ON AND 1E11POMY GQIISITWOICEAZOIT Ant :5574410 ... 1HE PUED N FAMILY .TRUST DATED 9/05/03 . .: DOC, NO: DY1t3 HQ.: RESOLUTION NO. 2011 RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NO. 2010-59 ADOPTED ON APRIL 6, 2010, AND FINDING AND DECLARING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND POSSESSION OF CERTAIN REAL PROPERTY INTERESTS FOR MUNICIPAL PURPOSES FOR THE PLAZA BOULEVARD STREET WIDENING PROJECT (Nagraj, Inc.) (A Portion of Assessor's Parcel No. 557-410-19; 1700 East Plaza Boulevard) WHEREAS, the City of National City is a municipal corporation organized and existing under the laws of the State of California; and WHEREAS, the City Council of the City of National City on April 6, 2010 adopted Resolution No. 2010-59 authorizing the acquisition of certain real property by eminent domain for the Plaza Boulevard Street Widening Project; and WHEREAS, on or about June 29, 20.10, the City filed its complaint in Eminent Domain in the San Diego County Superior Court, Case No. 2010-00077984-CU-EI-SC, titled City of National City v. Nagraj, Inc., et al. to acquire portions of Assessors Parcel No. 557-410- 19, therein alleged; and WHEREAS, the City now desires to effect an amendment to Resolution No. 2010-59 to more particularly describe the property and property interests to be acquired from the owners of Assessors Parcel No. 557-410-19; and WHEREAS, in connection with its municipal purposes, it appears necessary for the City of National City to acquire certain real property interests for right-of-way and street improvements designated as the Plaza Boulevard Street Widening Project (the "Project"); and WHEREAS, the public interest, convenience and necessity require the acquisition of the real property interests more particularly described and depicted in the attached legal descriptions, plats and drawings, referenced in Exhibits "A", "B", "C" and "D", attached hereto, indicating the general location of the property to be acquired and depicting the property; and WHEREAS, said Project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and WHEREAS, said real property interests are necessary for the Project; and WHEREAS, the real property interests to be acquired for the Project are located entirely within the territorial limits of the City of National City; and WHEREAS, the City of National City is authorized to acquire said real property interests by eminent domain pursuant to the California Constitution, Article 1, Section 19; California Government Code Sections 37350.5, 38900, 39790, 39792, 40404; and 66410 et seq.; California Streets and Highways Code Sections 23, 5100, 5101, 5023 and 5023.1; and California Code of Civil Procedure, Sections 1240.010, 1240.020, 1240.110, 1240.120 and 1255.410; 3s, Resolution No. 2011 — November 15, 2011 Page Two WHEREAS, an offer to purchase the required interests in the real property necessary for the Project was made to the owner of record, Nagraj, Inc., pursuant to Government Code Section 7267.2, which offer has not been accepted; and . . WHEREAS, the City of National City finds and determines that its Notice of Intention to Adopt this Amended Resolution of Necessity was served on the owner of the subject real property and its attorneys of record, and on the date, time and place fixed for this hearing on the Amended resolution, this City Council did hear and consider all the evidence presented. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of National City, pursuant to the Code of Civil Procedure Sections 1240.030, 1245.230 and 1245.235, finds determines and hereby declares, by a vote of no less than two-thirds of its members, as follows: 1. That the above recitations are true and correct. 2. That the public interest, convenience and necessity of the City of National City and the inhabitants thereof require the improvements and appurtenances thereto in connection with the proposed public Project, named "Plaza Boulevard Street Widening Project". 3. That the improvements and appurtenances thereto to be constructed upon, over, under, along, and across the real property described and depicted in the attached Exhibits as now amended, have been planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 4. The real property and improvements sought to be acquired by this Resolution are necessary for the proposed Project. A copy of the legal descriptions as amended are attached as Exhibits "A", "B" and "C", and incorporated by reference. A map and Plat depicting the real property to be acquired is attached as Exhibit "D", and incorporated herein by reference. 5. That an offer, as required by Government Code Section 7267.2 was made to the owners of record of the properties to be acquired, and notice and opportunity to appear before the City Council as required by Section 1245.235 of California Code of Civil Procedure has been given to the owner(s) of record. The owner was provided notice of his hearing as well as of the amended resolution. The offer has been made in compliance with all requirements of the California Eminent Domain Law. 6. The City Council of the City of National City has reviewed and considered the accompanying supporting Staff Report recommending the condemnation of said property and the amendment of Resolution No. 2010-59, and has heard and considered all evidence including all oral and written evidence. A copy of the Staff Report for the City of National City and incorporated herein by this reference regarding the amended resolution has been made a part of the administrative record herein, Resolution No. 2011 — November 15, 2011 Page Three BE IT FURTHER RESOLVED that the Amended legal description (Temporary Construction Easement) set forth herein is hereby adopted, accepted and approved for the acquisition of the property and supersedes the prior legal description set forth in Resolution No. 2010-59. In all other respects Resolution 2010-59, including the City Council's previous findings and determinations, remains the same, and said Resolution is incorporated herein as though fully set forth herein. BE IT FURTHER RESOLVED that there may be portions of said real property sought to be acquired which are appropriated to public uses; and the proposed use will not unreasonably interfere with or impair the continuance of the public use as they then exist or may reasonably be expected to exist in the future. That pursuant to Code of Civil Procedure section 1240.510, the City of National City is authorized to acquire said real property by eminent domain; that the City Attorney is hereby directed to obtain possession of the real property interests sought to be acquired as promptly as possible. PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 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 $9°04'36' EAST 383.63 FEET TO A POINT IN THE WES I ERLY 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 [AND 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 UNE OF SAID PARCEL EASTERLY ALONG THE ARC OFSAID 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 or A NON=TANGENT-61Z10-FOOTRAD1US-CURVECONCAVE - NORTHERLY, A RADIAL LINE TO SAID POINT SEARS SOUTH 4°40'21" EAST; 4. THENCE LEAVING SAID EASTERLY LINEWESTERLY ALONG THE ARC OF SAID. CURVE THROUGH A CENTRAL ANGLE -OF 13°59'5r A DISTANCE OF 149.56 FEET To HE TRUE POINT UE-BEGINIVI.NG. AREA. 0.014 ACRES,MORE OR LESS: • MICKEY A EXP: 3-31-10 • EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-19 A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months commencing on November 16, 2011 and terminating twelve (12) months later. The actual time to effect the construction on and use of the real property during this 12 month time period shall not exceed thirty (30) days. Prior to the start of the actual construction a 30 day notice will be given to the owner(s) and occupants of the real property. There will be no other physical usage of the Temporary Construction Easement other than during the thirty (30) days of actual construction. At no time will there be equipment and/or materials staged and/or stored within the easement area. Said Temporary Construction Easement shall include the right to enter upon the property described in Exhibit "C" and Exhibit "D", attached hereto and made a part hereof and to perform all acts necessary for the construction of street improvement structures and appurtenant structures associated with the Plaza Boulevard Street Widening Project. Such acts shall further include without limitation, construction and installing street improvements, driveway transitions, restriping of parking Tots, drainage structures, utilities, retaining walls, slopes, landscaping, restoring and replacing private improvements located in and on said easement area described in Exhibit "C" and Exhibit "D". EXHIBIT•"B" (Page 2) his easement shall further include the right of unobstructed ingress and egress from the street to the easement area described in Exhibit "C" and Exhibit "ID", including the right to pass and repass over and along the easement, and to utilize tools, implements and other materials on the easement area and to utilize construction, automotive and other equipment thereon when necessary for the purposes of exercising the rights secured hereunder. Upon completion of the construction work, the City, and/or its contractors, employees, agentsor representatives shall (a) remove from the Temporary Construction Easement its and their construction equipment and materials and restore the easement area equal to the condition it was prior to the date and time of the commencement of the term of this easement. The restoration shall specifically include the repair/replacement of any landscaping, structures, fences, driveways, or ether improvements on or in the easement area that belong to the owner(s) and that are or have been removed, damaged or destroyed by the City, and/or contractors, agents and employees. Impacted utilities and/or light standards will be protected in place/and/or relocated. The Temporary Construction Easement areais described in Exhibit "C" and Exhibit "ID", attached hereto and hereby incorporated by reference and consists of approximately 0.039 Acres. Exhibit "C" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-19 THAT PORTION'OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF OF B0.44ACRE LOT 2 IN QUARTER SECTION.129,OF RANCHO DE -LA NACION, IN THE CITY OF NATIONAL CITY, COUN.IY 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 CPS -ACCORDING TO SAID .RECORD QF 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, 1998AS DOCUMENT NO: 1998-. 0131 180 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 UNE EASILHLY 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 UNE OF LAND PER SAID DEED; 2. THENCE ALONG SAID EASTERLY UNE SOUTH 17'41'4T EAST (SOUTH 18°13'32` EAST PER SAID DEED) 1026 FEET TO THE BEGINNING OF A NON TANGENT 622.20-FOOT RADIUS CURVE CONCAVE NORTHERLY, A R DIAL-LTN TO:SAIGVOIN=BEARS_S.OUTHL4 553.08'--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.Q0 FEET•TO THE BEGINNING OF A NON - TANGENT 626_20-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL ONE TO SAIp POINT BEARS SOUTH 1121'50'•EAST; . . • 5, IHENCE WESTERLY ALONr . THE-. ARC OF SAID -CURVE THROUGH A CENTRAL ANGLE OF.4°25 OB' A DISTAkCE OF 48.30 t-±1; 6. THENCE NORTH 9'40'39' EAST 4.03 FEET TO THE BEGINNING OFANON- TANGENT 622.20-FOOT RADIUS CURVE CONCAVE A RADIAL LINE TO SAID POINT BEARS SOUTH3°00.'447 WEST:. 7. THENCE WESTERLY ALONG THE ARC OF. SAID CURVE THROUGH A. CENTRAL ANGLE OF 5°50'39" A DISTANCE OF 83,46 FEET TO A POINT ON THE WESTERLY LINE OF•LAND PER SAID DEED; . 8. THENCE ALONG SAID WESTERLY UNE NORTH 17°41`4r WEST1120 FEET TO T1-1E TRUq POINT OF SEG1NNtNG... . Page• of2 Exhibit "C" (Page 2.) AREA = 0M39 ACRES, MORE OR LESS. :tGyCP 5 2Z-oG MICKEY [Tf AGf RCE 27648 EXP. 3-31-10 Pitp2oi2 Exhibit "D" APN 557-410.19 CP6 4 tP !h 111i1 �4/1. �" P.0.6. Li CP5 �-383.63 N 89114'36' E T.P.O.B. PERM: ACQ. . ANf) TCF TABULATED CURVE. DATA CURVE DELTA RADIUS .LENGTH C1 16.03'56' 540.00' .151.41' C2. 13'59'51" 61230' 149.56' C3 3.30'277 62220 . 38.09' C4 4'25'08' '62620' 48.30' C5 5'50.39" 62220' 63.46' P.0_B. A REVISED BY: PERMANENT _ AQQU(SITIDN AREA = 0.014 ACRES. TEMPORARY CONSTRUCTION E4S13:IENT (TCE)_. AREA = 0.03D ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT FER ROS 17515 DATE: DRAWN BY: KA (91ECKED BY: MA RATE:'{-16-08 DATE: 5 PLAZA BLVD. CI LAND PER DEB) NEC. 3/13/98 A§.DOC. NO.-1998--0138180 OR. 557-410-19 POR. NW 1/4 OE W 1/2 Of BO ACRE I OT 2 IN taJARTrn SEC. 129 or. RHO. DE LA NACIDN • MAP NO. 166 NATIONAL qw AP0R01iED:BY. DATE; PEJ2UMENT ACQUISIIIDN AND TEMPORARY bONSTRUCTION EASEMENT APR 5$7-4 0,19. NAB WC..... . DOC. NO: 'DWG. O. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NO. 2010-70 ADOPTED ON APRIL 6, 2010, AND FINDING AND DECLARING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND POSSESSION OF CERTAIN REAL PROPERTY INTERESTS FOR MUNICIPAL PURPOSES FOR THE PLAZA BOULEVARD STREETWIDENING PROJECT (Todd AI-Bayati and Samiya Abdul Sattar Kaddory) (A Portion of Assessor's Parcel No. 557-420-30; East Plaza Boulevard) WHEREAS, the City of National City is a municipal corporation organized and existing under the laws of the State of California; and WHEREAS, on April 6, 2010, the City Council of the City of National City adopted Resolution No. 2010-70, authorizing the acquisition of certain real property by eminent domain for the Plaza Boulevard Street Widening Project; and WHEREAS, on or about June 29, 2010, the City filed its complaint in Eminent Domain in the San Diego County Superior Court, Case No. 37-2010-00078027-CU-El SC, titled City of National City v. Todd Al-Bayati and Samiya Abdul Sattar Kaddory, et al. to acquire portions of Assessors Parcel No. 557-420-30 therein alleged; and WHEREAS, the City now desires to effect an amendment to Resolution No. 2010-70 to more particularly describe the property and property interests to be acquired from the owners of Assessors Parcel No. 557-420-30; and WHEREAS, in connection with its municipal purposes it appears necessary for the City of National City to acquire certain real property interests for right-of-way and street improvements designated as the Plaza Boulevard Street Widening Project (the "Project"); and WHEREAS, the public interest, convenience and necessity require the acquisition of the real property interests more particularly described and depicted in the attached legal descriptions, plats and drawings, referenced in Exhibits "A", "B", "C" and "D", and attached hereto, indicating the general location of the property to be acquired and depicting the property; and WHEREAS, said Project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and WHEREAS, said real property interests are necessary for the Project; and WHEREAS, the real property interests to be acquired for the Project are located entirely within the territorial limits of the City of National City; and WHEREAS, the City of National City is authorized to acquire said real property interests by eminent domain pursuant to the California Constitution, Article 1, Section 19; California Government Code Sections 37350.5, 38900, 39790, 39792, 40404; and 66410 et seq.; California Streets and Highways Code Sections 23, 5100, 5101, 5023 and 5023.1; and California Code of Civil Procedure Sections 1240.010, 1240.020, 1240.110, 1240.120 and 1255.410; and Resolution No. 2011 — November 15, 2011 Page Two WHEREAS, an offer to purchase the required interests in the real property necessary for the Project was made to the owners of record, Todd AI-Bayati and Samiya Abdul Sattar Kaddory, pursuant to Government Code Section 7267.2 of the California, which offer has not been accepted; and WHEREAS, the City of National City finds and determines that its Notice of Intention to Adopt this Amended Resolution of Necessity was served on the owners of the subject real property and their attorneys of record, and on the date, time and place fixed for this hearing on the Amended resolution, this City Council did hear and consider all the evidence presented. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of National City pursuant to the Code of Civil Procedure, Sections 1240.030, 1245.230 and 1245.235, finds, determines and hereby declares, by a vote of no less than two-thirds of its members, as follows: 1. That the above recitations are true and correct. 2. That the public interest, convenience and necessity of the City of National City and the inhabitants thereof require the improvements and appurtenances thereto in connection with the proposed public Project, named "Plaza Boulevard Street Widening Project" 3. That the improvements and appurtenances thereto to be constructed upon, over, under, along, and across the real property described and depicted in the attached Exhibits as now amended, have been planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 4. The real property and improvements sought to be acquired by this Resolution are necessary for the proposed Project. A copy of the legal descriptions as amended are attached as Exhibits "A", "B" and "C", and incorporated herein by this reference. A map and Plat depicting the real property to be acquired is attached as Exhibit "D", and incorporated herein. 5. That an offer, as required by Government Code Section 7267.2, was made to the owners of record of the properties to be acquired, and notice and opportunity to appear before the City Council as required by Section 1245.235 of California Code of Civil Procedure has been given to the owner(s) of record. The owners were provided notice of his hearing as well as of the amended resolution. The offer has been made in compliance with all requirements of the California Eminent Domain Law. 6. The City Council of the City of National City has reviewed and considered the accompanying supporting Staff Report recommending the condemnation of said property and the amendment of the Resolution No. 20 10-70, and has heard and considered all evidence including all oral and written evidence. A copy of the Staff Report for the City of National City and incorporated herein by this reference regarding the amended resolution has been made a part of the administrative record herein. Resolution No. 2011 — November 15, 2011 Page Three BE IT FURTHER RESOLVED that the Amended legal description (Temporary Construction Easement) set forth herein is hereby adopted, accepted., and approved for the acquisition of the property and supersedes the prior legal description set forth in Resolution No. 2010-70. In all other respects Resolution 2010-70, including the City Council's previous findings and determinations, remains the same, and said Resolution is incorporated herein as though fully set forth herein. BE IT FURTHER RESOLVED that there may be portions of said real property sought to be acquired which are appropriated to public uses; that the proposed use will not unreasonably interfere with or impair the continuance of the public use as they then exist or may reasonably be expected to exist in the future; that pursuant to Code of Civil Procedure section 1240.5'10, the City of National City is authorized to acquire said real property by eminent domain; and that the City Attomey is hereby directed .to obtain possession of the real property interests sought to be acquired as promptly as possible. PASSED. and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 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- .0P4 ACCORDING TO RECORD OF SURVEY'MAP'NO. 17515 FILED IN THE OFFICE OF THEOOUNTY RECORDER' ON AUGUST 30; 2002 WI -UCH_ BEARS SOt1TH.65°42'41' 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, SAIDIJNE ALSO BEING THE SOUTHERLY LINE OF PLAZA BOULEVARD, SAID -POINT BEING THE TRUE POINT OFBEGINNING; 1. THENCE LEAVING SAID NORTHERLY LINE SOUTH 16°2725' EAST 2.54 FEET;. 2. THENCE SOUTR76°30'26'WEST 15.00 FEET; 3. THENCE. NORTH 1.6°27'25" WEST 2:06 SET - TO A POINT IN SAID NORTHERLY LINE; 4_ THENCE ALONG SAID NORTHERLY LINE NORTH 74°41'0B" EAST (NORTH 73°43'06" -EAST PER SAID PARCEL MAP) 14.98. FEET TO THE TRUE. POINT OF BEGINNING. • .AREA = 34. Sal, FT_, MORE OR LESS.: EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 557-420-30 A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months commencing on November 16, 2011 and terminating twelve (12) months later. The actual time to effect the construction on and use of the real property during this 12 month time period shall not exceed thirty (30) days. Prior to the start of the actual construction a 30 day notice will be given to the owner(s) and occupants of the real property. There will be no other physical usage of the Temporary Construction Easement other than during he thirty (30) days of actual construction. At no time will there be equipment and/or materials staged and/or stored within the easement area. Said Temporary Construction Easement shall include the right to enter upon the property described in Exhibit "C" and Exhibit "D" attached hereto and made a part hereof and to perform all acts necessary for the construction of street improvement structures and appurtenant structures associated with the Plaza Boulevard Street. Widening Project. Such acts shall further include without limitation, construction and installing street improvements, driveway transitions, restriping of parking lots, drainage structures, utilities, retaining walls, slopes, landscaping, restoring and replacing private improvements located in and on said easement area described in Exhibit "C" and Exhibit "D".. EXHIBIT "B" (page 2) This easement shall further include the right of unobstructed ingress and egress from the street to the easement area described in Exhibit "C" and Exhibit "D", including the right to pass and repass over and along the easement, and to utilize tools, implements and other materials on the easement area and to utilize construction, automotive and other equipment thereon when necessary for the purposes of exercising the rights secured hereunder. Upon completion of the construction work, the City, and/or its contractors, employees, agents or representatives shall (a) remove from the Temporary Construction Easement its and their construction equipment and materials and restore the easement area equal to the condition it was prior to the date and time of the commencement of the term of this easement. The restoration shall specifically include the repair/replacement of any landscaping, structures, fences, driveways, or other improvements on or in the easement area that belong to the owner(s) and that are or have been removed, damaged or destroyed by the City, and/or contractors, agents and employees. Impacted utilities and/or light standards will be protected in place/and/or relocated. The Temporary Construction Easement area is described in Exhibit "C" and Exhibit "D" attached hereto and hereby incorporated by reference and consists of approximately 923 square feet, more or less. Exhibit C»..-__ .. 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 EOUNTY RRCORDER ON AUGUST 30,- 2002 WHICH BEARS SOUTH 65°12'41' WEST 1U 9:05. FEET FROM A BRASS DISK STAMPED CPS ACCORDING TO SAID RECOI E?• 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 BEINGTHE TRUE POINT OF BEGINNING; 1. THENCE ALONG. SAID NORTHERLY UNE NORTH 74°41'66' EAST 16.99 FEET -TO -THE NORTHEAST CORNER OF SAID PARCEL 2; 2. THENCE ALONG THE EASTERLY LINEOFSAID 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°2725* WEST 5.01 FEET; 5: THENCE SOUTH 76°30'26' WEST 90.18 FEE T TO THE -WESTERLY LINE OF S O PARCEL 2; •- . 6 NG'CANE-SAID-W€STERLY UNE-NORTH-M21.'�?=SST q o4 EEEX TO THE NORTHWEST CORNER THEREOF; • T. THENCE ALONG. THE NORTHERLY 'UNE OF SAID PARCEL 2 NORTH 74°41'06'.EAST 95,14:FEE ; • B. THENCE LEAVING SAID.NORTHERLY LINE SOUTH 1627'25r EAST 2.06 Fg 9: 9*-IthCE NORTI:176°30'26' EAST 1v.00 FEET; - 1O.T11 CE•:NORTFF 16°2T2.7 WEST 2.54 FEET TO THE TIWE. POINT. • )F • • I;GINNIN ;, AREA. 923''SQ, FT`., MORE OR -LESS. JJX111U1L l.J APN 557-420-30 w 9 _ PERTI. ""AEQ: AND TCE z . 0 POf, NW 1/4 O. 112OF 30 AGE"f LOT 2 IN UAP7rri SEC. 12B r 1 RHd r� LA NAGIoN MAP No. 1.66 ,hI03 TP:OBN66 903• /�9.7\ POM. AM Jq K J1RD TCE .2 SEE DETAILeak TH-HIS SHEET 3Z.?5 ... goN21 S -163Q 25 Z� o J J. a ti V7 AREA ' 34.-WARE I-tt1 TEMP RARY CONSTRUC11ON EASEMENT (ICE) AREA = 923 %WARE FEET TRUE POINT OF.. BEGINNING POINT OF.OE(NNU •goNIRUL POINT. PEIt: RI)S.i'74,5 DAIS: DA1E:4 28-09 TABULAIto LINE DATA .. LINE. BEARING ' . LENGTH LI . S 167/..25' E • 2.54' 1:2 $ 76'30W W ., 16.00' . > It 1E7715! Vi- 2.06.'. , L4 . ti.74'4I')E. 14.98' L5. :N•7414t0:.•E,_- .6.$9' • PERIdANM. AC 1tkilD . • • »p•ousi ClON EASEL1ENT • AP24.557420-3D TODD AL—DAYATI. AND SAN[YA AODUL •SATTAR, KAtDQRY CP3 SOME -1! __01 Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate Office of the City Attorney City Attorney George H. Eiser, Ill Senior Assistant CilyAttomey Claudia Gacitua Silva Senior Assistant City Attomey 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 hear' 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, >II 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 level of service (LOS) standards established by the City. Design features such as raised medians, center turn lanes, structural improvements to the 1-805 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 Firmand 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 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. RESOLUTION NO. 2010 — 59 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 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 — 59 April6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, Ci y Clerk APPROVED AS TO FORM: City Attorney Passed and adopted by the Council of the City of National City, California, on April 6, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-59 of the City of National City, California, passed and adopted by the Council of said City on April 6, 2010. > ?i Clerk of the City f National nal City, California By: Deputy AT!TACHI.4ENT 1 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°35'2T 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°30'2T 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 83.46 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. Ai/Gte 1� 2Zo6 MICKEY B. AG 1 IRF RCE 27648 EXP. 3-31-10 Page 2 of 2 0,0ESSIO. F� B. AgG��9Ft No.2764B Exp. 03/31010 \\..,....___ 'PT9 CIVIL TFOF CALF 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 SAD 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°41'4T 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. _. .'a1/t. MICKEY :. AG R • RCE 2 648 EXP. 3-31-10 r CP6 A N A P.0.8A �►�i CP5 383.63 N 89'04'36" E T.P.O.B. PERM. ACQ. TCE 0 AND EXP. 31 r ► 10 ti EXHIBIT TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH Cl 16'03'56* 540.00' 151.41' C2 13'59'51' 61220' 149.56' C3 310.27" 622.20' 38.09' C4 4'25'08" 626.20' 48.30' C5 5'50'39" 622.20' 63.46' LEGEND P.O.B. A 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. ti LAND PER DEED REC. 3/13/98 AS DOC. NO. 1998-0138180 O.R. 04'40'21" E (R) 0 CP, P 1 557-410-19 PDf. NW 1/4 OF W 1/2 OF B0 ACRE LOT 2 IN r1JAR1rR SE.C, 120 OF RHO. Dr LA NACION MAP NO. 165 REVISED BY: DRAWN BY: KA CHECKED 8Y: MA DATE: DATE: 4-16-08 DATE: 5-22-08 NATIONAL CITY SCALE 1.=40' APPROWD BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-19 NAGRAJ INC. DOC. NO. DWG. NO. RESOLUTION NO. 2010 - 70 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 acquisitionof 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 Attomey 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 — 70 April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of Apr' , 2010. on Morrison, Mayor ATTEST: /1 eat, Michael R. Della, CitClerk APPROVED AS TO FORM: George H. Eis�IlII City Attorney Passed and adopted by the Council of the City of National City, California, on April 6, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-70 of the City of National City, California, passed and adopted by the Council of said City on April 6, 2010. City erk of the City of ational City, California By: Deputy 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 QF 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 6 ' 5-4-647 E RCE 27648 No. 27648 Exp. 03/31/10 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 UNE 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: lENCE 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. AG EXP. 3-31-10 u of RCE 27648 T.P.O.B. PERM. ACQ: AND TCE DETAIL NOT TO SCALE EXHIBIT "B" h6 31903 T.P.O.B. 6�9'03* 91? k PERM. ACQ. 391 * AND TCE • 2 SEE DETAIL THIS SHEET 4'41 HIGHWAY SLOPE EASEMENT REC. 3/11/71 AS FILE NO. 46267 O.R. PJf. NW /4 oP W112DP' 8O ACR LOT 2 IN ntJAR15.R GrC, 129 or r;r-]O, L I\ NAGloN MAP NO, 155 LEGEND �� T.P.O.B. P.O.B. A 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 PAFL 2 PZP g\-V . -W W " L5 J� CP3 S P.D.B. CP4 5478 TABULATED LINE DATA LINE BEARING LENGTH Li S 1677'25" 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 EVISED BY: DATE: RA'NN BY; KA DATE: 4-28-09 NATIONAL• CITY SCALE = 40' 1IECKED BY: MA DATE: 4-28-09 PPROVED BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-420-30 TODD AL-BAYAT1 AND SAMIYA ABDUL SATTAR KADDORY DOG, N0. DWG. NO. RESOLUTION NO. 2010 — 71 • 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 — 71 April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of Ap , 2010. Ron Morrison, Mayor ATTEST: lr Michael R. Dalia, Ci y Clerk APPROVED AS TO FORM: �Qey,;:31r George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on April 6, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, Califomia MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-71 of the City of National City, California, passed and adopted by the Council of said City on April 6, 2010. City CI rk of the City of ational City, California By: Deputy ATTACHMENT 1.. 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 SOUT1-!WESTERLY 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 A E RCE 27648 EXP. 3-31-10 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 10 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 9. THENCE NORTH 76°30'26' EAST 36.83 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.049 ACRES, MORE OR LESS. it MIC Y 13. AG IR• RCE 7648 EXP. 3-31-10 Page 2of2 No. 27646 Exp. 03/31/10 CP5 S 03'58'45" E (R) LEGEND r///71 EXHIBIT "B" N 87'46'13" E 805.90' PLAZA 131-V1)- cr. PERMANENT ACQUISITION AREA = 0.008 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.049 ACRES T.P.O.B. TRUE POINT OF BEGINNING P.O.B. POINT OF BEGINNING A CONTROL POINT PER ROS 17515 C2 S 1721'57' E 4.01' — S 86'S4'27" 4.07' \EASEAS FILE NO. 124201 O.R. UT1UTY ANDW ACCESS CP4 MENT REC7/23/68 N. rn.� N LAND PER DEED REC. 9/25/03 AS DOC. NO. 2003-1182085 O.R. POP. NW 114 OF W112LOT 2IN QJARTrR SrG, 120 OF RHO.. DE LA NAOJON MAP NO, 166 557-410-05 T.P.O.B. PERM. ACO. AND TCE TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH Cl 819'13" 612,20' 94.24' C2 13'54'25" 540.00' 131.07' C3 413'52" 622.20' 45.95' C4 1'43'25" 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 DAZED 9/05/03 DEC. NO. DWG. NO. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15, 2011 AGENDA ITEM NO.16 M TITLE: Public Hearing — Planning Commission approval of a Conditional Use Permit for the construction of a food mart with accessory beer and wine sales at an existing Shell gas station at 1601 East 8th Street. (Applicant Vintners Distribution, Inc.) (Case File 2011-03 CUP) >f PREPARED BY: Martin Reeder DEPARTMENT: Develgflm- r vcs/Planning. PHONE: 336-4313 APPROVED BYE. EXPLANATION: The applicant is proposing to construct a 1,030 square -foot food mart as part of a renovation of the gas station. Alcohol would be stored in coolers located along the back wall of the food mart. The coolers make up about 8% of the overall sales area. Although the gas station is open 24 hours a day, beer and wine is only proposed to be sold from 8 a.m. to 12 a.m.; the doors are locked at midnight. Other improvements include upgraded landscaping, a new trash enclosure, perimeter fencing, and the closure of a driveway on 8th Street to provide additional parking. The attached background report describes the proposal in more detail. The Council has the option of approving one or both parts of this application (or not approving either). A Resolution will follow at a later date. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15332 (In -fill development projects) ORDINANCE: INTRODUCTION: Li FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Conditional Use Permit be approved. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Baca, Farias, Flores, Pruitt, Reynolds Absent: Alvarado, DeLaPaz ATTACHMENTS: Background Report 6. Recommended Findings for Approval 7. 3. Recommended Conditions 8. 4 Location Map 9. Census Tract/PD Beat Map Dept./Agency comments Community Meeting Info Public Hearing Notice 10. Notice of Exemption 11. Site Photos 12. Applicants Plans BACKGROUND REPORT The subject property is located on the northeast corner of East 8th Street and Palm Avenue in the Major Mixed -Use Corridor (MXC-2) zone. The 23,087 square -foot parcel has 150 feet of frontage on 8th Street and 160 feet on Palm Avenue. There are four entrances to the property, two each from both 8th and Palm. The lot is developed with a Shell gas station, which includes a small cashier kiosk, a car wash and an office. The station currently operates 24 hours a day. The current owner has been operating the Shell station at this location since February 1987 and desires to modernize the facility by adding a convenience store, offering a wider array of products to their customers, including beer and wine. This project was approved by Planning Commission in 2008, but the approval has since expired. The current application is identical to the previous project (2008-11 CUP). The applicant is proposing to renovate the gas station property, including the addition of a 1,030 square -foot food mart/convenience store, which would replace the existing kiosk. The alcohol would be stored in coolers located along the back wall of the convenience store. The coolers make up about 8% of the overall sales area. The applicant originally asked for alcohol sales hours of 6 a.m. and 1 a.m. seven days a week, but changed the hours to 8 a.m. and 12 a.m. at the request of the Institute of Public Strategies. Improvements are also proposed for the other structures on site, including an upgrade of the carwash facade and canopy columns to match the color scheme of new convenience store. Other improvements include upgraded landscaping, a new trash enclosure and perimeter fencing. At the suggestion of staff, the applicant is also proposing to remove one of the driveways on 8th Street (the one closest to Palm Avenue) and add four parking spaces. As mentioned above, the applicant proposes to continue operating 24 hours a day, seven days a week. Alcohol sales would be restricted to between 8 a.m. and 12 a.m. seven days a week. This will necessitate a control system to ensure no alcohol is sold after the prescribed sales hours. The applicant has stated that the doors would be locked at midnight and that no more alcohol would be sold. This is addressed on Condition number 14. Both the addition of the convenience store and the sale of beer and wine require a Conditional Use Permit (CUP). A gas station may have a sales display area with up to 216 cubic feet of non -automotive product; however, Chapter 18.30.190 of the Land Use Code allows for a greater sales area of such products with an approved CUP. Likewise, Chapter 18.30.050 allows for off -sale beer and wine sales with an approved CUP. The new convenience store would be connected to the existing car wash located on the east side of the property. Facade improvements to the car wash will be continuous with the new convenience store facade, giving the two buildings the appearance of one. The architectural design utilizes multiple building materials, including different colored plaster finishes, block, and pop -out trim, providing architectural variation. The front elevation would have large glass windows providing for ample natural light in the new i store. A central entry facade is provided that would include an identification sign for the store The gas pump canopy columns are proposed to have the same color scheme as the convenience store, as is the car wash. The canopy itself will remain yellow, per the branding requirements of Shell Oil. No information has been provided regarding rooftop mechanical equipment, which is required to be screened by the Land Use Code. A Condition of Approval has been added to ensure compliance with mechanical equipment screening requirements at the building permit stage. As previously mentioned, the project also includes upgraded landscaping and perimeter fencing. Landscape plans show street trees, shrubs and ground cover. The proposed landscaping would improve the appearance of the property resulting in improved water conservation, since the existing landscaping is primarily turf. New vinyl fencing is proposed along the north and east property lines, replacing deteriorating fencing along the rear of the property. A Condition of Approval has been added to show fencing details on building plans. Conditions also require a new trash enclosure door and cover, removal of a payphone enclosure (with no payphone), and screening of the vapor recovery system located on the embankment on the east side of the property. There is no specific parking requirement for a gas station; however, retail use requires one space for each 250 square feet. In this case, that would be approximately four spaces, which would be provided. In order to accommodate these spaces, one of the four driveways would be removed. The westernmost driveway on 8►h Street, closest to the intersection, would be closed to provide three of the four parking spaces, including one handicapped -accessible space_ The accessible space would be the nearest space to the convenience store and would also have an accessible path of travel between the space and the store. A Conditional of Approval has been included requiring compliance with all handicapped accessibility standards (Condition No. 7). Trip generation rates provided by the San Diego Association of Governments (SANDAG) for this type of facility (gas station with convenience store and carwash), are based on the number of spaces (155 Average Daily Trips per pump). Since no new gas pumps are being added, no significant increase in the number of daily trips is expected. Combined with the fact that the most store customers would also be purchasing fuel, the addition of the convenience store is not anticipated to have a significant effect on traffic in the area. Pursuant to Section 18.30.050 (C) of the land Use Code, a community meeting was held Monday September 12, 2011 at 5:00 p.m. at the Pizza Hut on Sweetwater Road. The applicant certified that all property owners and tenants within 660 feet of the property were notified by mail of the meeting. A sign -in sheet and meeting minutes have been provided (attached). According to the applicant, no interested parties attended. Per State Alcoholic Beverage Control (ABC) there are currently no off -sale licenses in this census tract (119.01) where a maximum of two (2) are recommended, although 2 there is one on -sale location in the same census tract - Alotta's Cocktail Lounge at 419 Palm Avenue. The nearest off -sale licensed facilities are 7-11, at 8th and Highland, and Big Lots at 1420 Plaza Blvd., both of which are approximately a half mile away. Census tract 119.01 encompasses the area from 4`h to 8th Streets, from Palm Avenue to Euclid Avenue, and the small area between Palm Avenue, 1-805, Division and 4th Streets (36 square blocks). ABC does not consider this census tract to be over -saturated with regard to alcohol sales outlets. There are some single-family residences in the nearby area — across Palm Avenue and on East 7th Street, behind the gas station — however, all these residences are uphill and away form the gas station. Combined with the existing commercial nature of the subject and surrounding properties, and of it's proximity to an arterial street (East 8th Street), it is unlikely that the addition of the convenience store would have a significant effect on the neighboring residential properties. As previously mentioned, the applicant is proposing to utilize approximately 8% of their sales area for the display of alcoholic beverages. With 650 square feet of sales area, this would be a maximum of approximately 53 square feet. This number is based on the size of the coolers shown on plans; no other sales area is proposed. A Condition of Approval has been included limiting the sales area accordingly. The Police Department has objected to the issuance of a Conditional Use Permit for on -sale alcohol at this location. In their comments, PD states that there are currently 100 alcohol licenses issued in National City, or roughly 11.7 outlets per square mile. Furthermore, it was stated that until the Police Department had the budget to deploy a dedicated unit to regulate these alcohol establishments, a moratorium on new alcohol CUPs should be considered. PD also quoted the number of ABC permits issued to establishments within close proximity of the project location. There are four such businesses, including both on and off -sale licenses. Crime statistics indicate that the reporting area (Beat 21) had a 2009 crime rate of 109.7%, below the 120% considered to be a high crime area. Comments were received from the Institute for Public Strategies (IPS). Recommendations were provided addressing the following: • 8 a.m. to 12 a.m. alcohol sales hours (condition no. 16) • Alcohol sales training (condition no. 17) • No sales of beer or malt beverages in 22, 32, 40-oz or similar size containers (condition no. 18) • No alcohol products sold in less than six pack quantities • No excessive alcohol advertising targeting youth or holidays (condition no. 15) Four of these items have been included as conditions, as noted above. No change has been made regarding 3-packs. City Council recently adopted a policy that establishes standards for alcohol CUPs. As part of this policy, specific Conditions of Approval a. a 3 required of all new CUPs. These conditions are included with this staff report as numbers 16 through 29. The policy is written such that only the City Council may waive or modify these conditions. Condition no. 19 allows no less than three -pack quantities of beer, something IPS is requesting to have removed or modified to allow no less than six packs of beer. Although only Council can waive or modify this condition, Planning Commission can, if they see fit, make a recommendation that Council modify the condition. The overhaul of this property will have a positive impact on the business climate in the area. The upgrade of the business is consistent with General Plan policies emphasizing the rehabilitation and improvement of older buildings and businesses. The addition of alcohol sales would add to the viability of the business and, more importantly, be conditioned in such a way as to ensure responsible sales practices. In contrast to other non -conforming businesses in the area, this project will be subject to the most recent Conditions of Approval. Planning Commission conducted a public hearing on October 17, 2011. No concerns were noted from area residents. Commissioners asked questions regarding the business, noticing of the community meeting, other alcohol outlets in the area, and department comments. The Commission voted to approve the CUP based on required findings and subject to conditions of approval. City Council considered the Notice of Decision of the Planning Commission approval at their meeting of November 1, 2011, at which time they set the item for hearing in order to further analyze the request. 4 RECOMMENDED FINDINGS FOR APPROVAL That the site for the proposed use is adequate in size and shape, since the addition of a 1,030 square -foot convenience store is at an existing developed service station site that would continue to maintain adequate parking and circulation areas and that the sales area for beer and wine will be no more than 8 percent, or 53 square feet, of the available sales area of the proposed convenience store. 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 addition of a convenience store with accessory alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the gas station is located in a developed commercial area, easily accessed by an adjacent arterial street. Also, conditions of approval controlling the sale of beer and wine will reduce any potential for adverse effects. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the service station, an established and allowed use in the applicable mixed -use zone. 5. That public convenience and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDING FOR DENIAL That public convenience and necessity is not served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 5 RECOMMENDED CONDITIONS OF APPROVAL General 1. This Conditional Use Permit authorizes the construction of a 1,030 square -foot convenience store and for the sale of beer and wine for off -site consumption at the Shell Service Station at 1601 East 8th Street. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2011-03 CUP, dated 1/26/2011. 2. 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 Division. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in 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. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit 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 Development Services 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 Not;ce of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 7. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 8. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. All plans shall be directly submitted to the National City Fire Department through permit and payment. 6 9. Per NFPA 13 Chapter 7 Section 7.3.2.4 Supervision, sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system. A fire alarm system required. Planning 10. A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc. shall be submitted for review and approval by the Planning Division prior to issuance of a building permit. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. Landscape and irrigation plans shall be consistent with Chapter 18.44 — Landscaping of the Land Use Code. 11. Building plans shall show details for hardscape on site, including parking lot striping; details for proposed vinyl fencing; removal of the existing payphone enclosure and screening for the vapor recovery system located on the east side of the lot. 12. A new door and cover shall be provided for the existing trash enclosure. The finish of the trash enclosure shall be painted to match other buildings on site. 13.Any proposed rooftop mechanical equipment shall be screened in compliance with the Land Use Code Section 18.42.04 and corresponding Design Guidelines. 14. Locks shall be installed on all cooler doors and publicly accessible storage areas where alcohol is displayed for sale. All such areas shall be kept locked excepting during approved alcohol sales hours. 15. Advertising or sales practices that target youth or offer special holiday promotions shall be prohibited. 16. The sale of alcoholic beverages shall be limited to between the hours of 8:00 a.m. and 12:00 a.m. seven days a week. 17. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of . completion of an approved RBSS program must be provided prior to.issuance of a city business license. 18. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 19. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 20. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 21. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 22. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 23. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 24. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge_ 25_The display of alcoholic beverages shall be limited to an area in substantial conformance with the walk-in cooler as shown on Exhibit A, Case File No. 2011-03 CUP, dated 1/26/2011. 26. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 27. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 28. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 29. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of a!" other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the Califomia Department of Alcoholic Beverage Control upon demand. Police 30. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 8 624 619 624 cn 01 cn CO cn w 640 RS-1 -� 01 — _I. cn Cr) CO O — o.) (3) 714 720 ` ` 1. _N_— W CO CO MXC-2 r-- 01 O Co 824 844 3 cD rn 630 640 East 7th St East 8th St 0 D RM-1 635 639-655 702 0 835 T)T N rn RM-3 Subject Parcel — — — Zone Boundary I I I I Feet 0 75 150 300 APN: 557-112-10 Planning Commission Location Map 2011-03 CUP 4 10..3.11 106.02 0 City of National City CENSUS TRACTS 0.5 1 (SAND Sweeiwater,Marsh National I4,1ldlife Refug Miles N Henderson Recreation - - tenter.` Beta -St off !Ir�t I C&baa.�ib' �-CS �tvad s1 �r � San Diego 34. 8e14sr 34., 6etta;St'=� National City `. Copyright wand (P)1.9ps 2906 Microsoft Corporetlon,anden! de'supplieren All ne htsCres eme rri Pmitlons©.1990-2005 InstallShl eld'Sodware Corporation. All oghlsiesenrod efjain mapping slid d ectlon data ®2005ptAY1EQ 0 rights reseried IIAVTEQ and NAVTEOON AOARDsaie trArriar s o NAVfEQ`.© 20O5 Tele Atlas North America. Inc!. All righl5ieaerved Tele'AIlae and Tele'Atlas NudhAmeima a:e Laderoarks of Tele Atlas tnc. �`nq9<+ '!! Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 21 11 • {NCORPO;__ NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: November 2, 2011 TO: Adolfo Gonzales, Chief of Police Via Chain of Command FROM: Graham Young, Sergeant SUBJECT: Conditional Use Permit (CUP-2011-03) for the sale of beer and wine — Type 20 License -Shell Gas Station at 1601 East 8th Street This Conditional Use Permit application is for the sale of beer and wine Type 20 License at a new food mart at the Shell Gas Station at 1601 East 8th. Staff has indicated that the applicant would like to sell beer and wine from the hours of 8:00 a.m. to 12:00 a.m. daily. On November 2, 2011, I conducted a site survey of the proposed location the proximity to other ABC licensed establishments within close proximity to the location. I found during this site survey that there are 4 (four) ABC licensed establishments within close proximity (four blocks) of the proposed CUP location. These locations are as follows: • Ranch House Liquor — 404 Palm Avenue • Alottas — 419 Palm Avenue • King's Liquor — 1628 East 8th Street • Carnival Market — 1750 East 8th Street Currently the City of National City has a total of 100 "On -sale" and "Ott -sale" alcohol selling establishments. This equates to 11.7 alcohol selling establishments per square mile within the City. Maintaining the regulation and enforcement of ABC laws is extremely difficult when the Police Department is faced with personnel cutbacks. The Department of Alcohol Beverage Control, (ABC) has only four enforcement personnel to cover regulation enforcement operations in the geographic area south of the Interstate 8, leaving municipal agencies to conduct enforcement of ABC regulations situated in their own jurisdictions. Respectfully Submitted, Sergeant Graham Young National City Police Department 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 12 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: November 2, 201 1 BUSINESS NAME: Shell Gas Station ADDRESS: 1601 East 8th OWNER NAME: DOB: OWNER ADDRESS: (add additional owners on page 2) I. Type of Business ❑ Restaurant (1 pt) XX Market (2 pts) ❑ Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) ❑ Close by l Opm (2 pts) XX Close after ►Opm (3 pts) III. Entertainment ❑ Music (1 pt) ❑ Live Music (2 pts) Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (1 pt) XX Medium (2 pts) Ll High (3 pts) V. Alcohol Businesses per Census Tract XX Below (1 pt) ❑ Average (2 pts) ❑ Above (3 pts) Notes: Revised: KA- 9/11 1 of 2 13 National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) XX Below (1 pt) ❑ Average (2 pts) C Above (3 pts) VII. Proximity Assessment (1l4 mile radius of location) XX Mostly commercial businesses (1 pt) ❑ Somc businesses, some residential (2 pts) Mostly residential (3 pts) VIII. Owner(s) records check ❑ No criminal incidents (1 pt) ❑ Minor criminal incidents (2 pts) ❑ MultiplelMajor criminal incidents (3 pts) Low Risk (12 pts or less) Medium Risk (13—18pts) High Risk (19 — 24pts) Total Points 10 OWNER NAME: DOB: OWNER ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Currently the City of National City has a total of 100 "On -sale" and "Off -sale" alcohol selling establishments. This equates to 11.7 alcohol selling establishments per square mile within the City. Maintaining the regulation and enforcement of ABC laws is extremely difficult when the Police Department is faced with personnel cutbacks. The Department of Alcohol Beverage Control, (ABC) has only four enforcement personnel to cover regulation enforcement operations in the geographic area south of the Interstate 8, leaving municipal agencies to conduct enforcement of ABC regulations situated in their own jurisdictions. Completed by: G. Young Badge ID: 365 2 of 2 14 National City Car Wash Remodel and Convenience Store Addition 1001 East 8th St. & Palm Ave. Environmental Scan Case File No. 2011-03 February 25, 2011 Submitted by: Institute for Public Strategies- Debbie Ramos The proposed location of the Food Mart is at the Shell gas station located at Palm Ave and 8th Street in National City. The census tract is 119.01 which allows for 2 off sale alcohol licenses; currently there are none. In 2010, there were 5 DUI arrests and 2 Drunk in Public arrests made in the 1600-1900 blocks of 8th Street. There are many small businesses located nearby, including liquor stores, convenience stores and a Carnival Supermarket that already sells alcoholic beverages. An additional liquor.license in the city has the potential to increase crime, reduce resident quality of life and increase the incidence of alcohol related accidents. If the CUP is granted, it is recommended that: The sale of alcoholic beverages is limited to the hours of 8:00- 12:00; That all persons selling alcoholic beverages shall receive Responsible Beverage sales and Service training; The sale of beer or malt beverages in quantities of quarts, 22, 32, 40 ounce or similar sized containers be prohibited; No beer or malt beverage products shall be sold in quantities of less than a six-pack. No excessive alcohol advertising that targets youth or holidays. 15 +WHAT: WHEN: WHERE: COMMUNITY MEETING September 12, 2011 (Monday) 5:O0pm PIZZA HUT 1838 Sweetwater Rd. National City, CA National City Shell located at 1601 E. Eight Street (corner of Eight and Palm) is submitting plans to add a Food Mart to an existing gas station with carwash. The plans were approved by the community but now we also wish to have a beer and wine license. As a member of the community your thoughts about this matter is very much welcomed. September 12, 2011 Raman Goyal 41805 Albrae Street, second floor Fremont, CA 94538 Subject: Case File No. 2011-03 CUP — 1601 East 8'h Street, National City, CA 91950 To: National City- Development Services Department Regarding the case number listed above, we had a community meeting on September 12, 2011 in Pizza Hut. All the letters were mailed according to the mailing list that we provided to the city, but unfortunately nobody from the community showed up. From National City Shell, 1, Raman Goyal, Ankush Tayal and our architect, Mr. Geoffrey A. Bonney were present at the meeting. We waited for over one hour and still had nobody show up. However, few of our gas station customers have asked us why we are holding this meeting again when we were already approved by the neighborhood. So in this matter, since National City Shell has done everything according to the city requirements, we would like to ask the city to proceed with the approval process of the project in a timely manner. Please feel free to send any questions or concerns to Raman Goyal at (951)850-5378. Thank You, v Raman Goyal 17 OFFICE OF THE CITY CLERK 1743 National City Blvd. National City, California 91950 'NeoRPORriTED Michael R. Dalla, CMC - City Clerk 619336-4228 phone / 619-336 4229 fax NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, November 15, 2011, in the City Council Chambers, Civic Center. 1243 National City Blvd., National City, CA., to consider a: CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A FOOD MART WITH ACCESSORY BEER AND WINE SALES AT AN EXISTING SHELL GAS STATION AT 1601 EAST 8th STREET. Applicant: Vintners Distribution, Inc. Case File No. 2011-03 CUP Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing '1escribed in this notice, or in written correspondence delivered io the undersigned, or to the City Council of the City of National City at, or prior to, the Public Hearing. The Planning Commission, at their meeting of October 17, 2011, voted unanimously to recommend approval of this Conditional Use Permit. DATE: November 2, 2011 Michael R. Dalla, CMC City Clerk 18 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2011-03 CUP Project Location: 1601 East 8th Street, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a new 1,030 square -foot. Mini -mart, with beer and wine sales for off -site consumption, at an existing gas station. . Applicant: Vintners Dist., Inc. 41805 Albrae Street, 2nd Floor Fremont, CA 94538 Exempt Status: I) n Telephone Number: (510) 270-3410 Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 1 Section 15332 (In -fill development projects) Not a project as defined in Section 15332 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposal to expand an existing gas station by 1,030 square feet will not have a negative effect on the environment, since the gas station is not located in or near an environmentally sensitive area, and since it is located in a fully urbanized area with all infrastructure in place for full build out of the General Plan. Date: MARTIN REEDER. NCI' Assistant Planner 19 2011-03 CUP Food -Mart Construction — Shell Service Station — Site Photos Existing Service Station Looking Northeast Existing Carwash Looking Southeast 20 Proposed Food Mart Location Looking West Driveway to be Removed 21 eo, =I OM UM i , tiMalkst. ret 11.• 1 ''' . 1 .33.13 MILL 02102112611 AZ 11.1di 12;4 "3" AITO: ii00!2 "rows .102 ;VW 20 ALB 122CAL*11 12 MN 11 .- AID v; 1 1221.01380.0 AVG AB OH1C 11•11211 aura 0 Nom. v L112111111120 Imam NATIONAL CITY CAR WASH REMODEL AND CONVENIENCE STORE ADDITION 1601 EAST 8TH. ST. & PALM AVE. NATIONAL CITY, CA 91950-2723 , '.- 'Li li 1 ?ii!iii -,- " \ ,,.. 0....a. 1 I .... , .0 --) , Li) .r..j ,.-, -::.• ,-- -••••• VA • ' IP ,_ : - .:-":- 7,, a, :•0 0"'• - .t/ IA 511P,55 2 0 tirt IllitTT: 6 11 1 Ivgi 2. bilk r8114 Iiithiligi;11111ibliii:A 41qT1 , 5; ; f h g i °I 2, 6 1 i 111 . 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GMMOR To .ANY RJ enu. 144.1. �_� 9M lA TO .AWL'. ; j `CI2111. f Mal TOP A Baia M. Erik" Ede PAW A y dIVOLD KIRKTYPICAL ELEVATION • TRASH ENCLOSURE vw•o .(9; TRASH ENCLOSURE - ROOF DETAL v+a (,S CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15, 2011 AGENDA ITEM NO. 17 eM TITLE: An Ordinance of the City Council of the City of National City Amending Title 18 (Zoning) of the National City Municipal Code by Amending Section 18.29.070 Pertaining to the Floodway Overlay Zones. (Applicant City - Initiated) (Case File 2011-25 A) PREPARED BY: Martin Reeder DEPARTMENT: Develo m t Svcs/Planning. PHONE: 336-4313 APPROVED BY: 1� �— EXPLANATION: The City Council held a public hearing on proposed changes to amend Chapter 18.29 of the Municipal Code on November 1, 2011 and voted to approve the Amendment regarding "Overlay Zones". The Ordinance was introduced at the same meeting. Final adoption of the attached ordinance is needed to complete the Code Amendment process. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project under CEQA (no physical change) ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: X Finance MIS STAFF RECOMMENDATION: Approve the Ordinance BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Baca, Farias, Flores, Pruitt, Reynolds Absent:, Alvarado, DeLaPaz ATTACHMENTS: inance ORDINANCE NO. 2011 — 2370 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 18.29.070 PERTAINING TO OVERLAY ZONES BE IT ORDAINED that the City Council hereby amends Chapter 18.29 of the National City Municipal Code by amending, Section 18.29.070 to read as follows: 18.29.070 Floodway (-FW), floodway fringe (-FF-1), and floodway fringe shallow flooding (-FF-2) zones. A. Statement of Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; 6. Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. Ensure that potential buyers are notified that property is in an area of special flood hazard; and 8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. B. Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions to: 1. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters; 4. Control filling, grading, dredging, and other development which may increase flood damage; and 5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. C. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, the state of California or the Federal Insurance Administration, Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. D. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another chapter, easement, covenant or deed restrictions conflict or overlap, whichever imposes the more stringent restriction shall prevail. E Definitions. Unless specifically defined below, or in this Title, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. 1. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. 2. "Adversely affects" means, for purposes of this chapter, that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point. 3. "Alluvial fan" means a geomorphologic feature characterized by a cone- or fan -shaped deposit of boulders, gravel, and fine sediments that have been eroded from slopes, transported by flood flows, and then deposited on the valley floor, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. 4. "Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the slope. 5. "Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter. 6. "Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. 7. "Area of special flood hazard" — see "Special flood hazard area." 8. "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "one hundred year flood"). Base flood is the term used throughout this chapter. 9. "Basement" means any area of the building having its floor subgrade — i.e., below ground level —on all sides. 10. "Building" — see "structure." 11. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. 12. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. 13. "Exception" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. 14. "Existing manufactured home/mobile home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes/mobile homes are to be affixed (including, at a 2 Ordinance No. 2011-2370 Amending Section 18.29.070 Overlay Zones minimum, the installation of utilities, the construction of streets, and either final site grading or ti-,e pouring of concrete pads) is completed before the effective date of this chapter. 15. "Expansion to an existing manufactured home/mobile home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the Tots on which the manufactured homes/mobile homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or pouring of concrete pads) 16. "Flood, flooding or floodwater" means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, and/or the unusual and rapid accumulation or runoff of surface waters from any source. 17. "Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. 18. "Flood Hazard Boundary Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards. 19. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. 20. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. 21. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source —see "Flooding." 22. "Floodplain administrator" means the individual appointed to administer and enforce the floodplain management regulations. This individual shall be the city engineer of the city. 23. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. 24. "Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other applications of police power which control development in flood -prone areas. The term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. 25. "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. 26. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway." 27. "Floodway encroachment lines" means the lines marking the limits of floodways on federal, state and local floodplain maps. 3 Ordinance No. 2011-2370 Amending Section 18.29.070 Overlay Zones 28. "Floodway fringe" means that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted. 29. "Fraud and victimization," as related to subsection Z (Conditions for exceptions) of this chapter, means that the exception granted must not cause fraud on or victimization of the public. In examining this requirement, the planning commission will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject, during all those years, to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. 30. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities. 31. "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor." 32. "Hardship," as related to subsection Z (Conditions for exceptions) of this chapter, means the unusual hardship that would result from a failure to grant the requested exception. The planning commission requires that the exception be unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting an exception, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. 33. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 34. "Historic structure" means any structure that is: a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; c. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs. 35. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. 4 Ordinance No. 2011-2370 Amending Section 18.29.070 Overlay Zones 36. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. 37. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area (see "Basement") is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title. (Note: This definition allows attached garages to be built at grade. Below grade garages are not allowed as they are considered to be basements) 38. "Manufactured home" or "mobile home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include "recreational vehicles" or "travel trailers." 39. "Manufactured home/mobile home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. 40. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. 41. "New construction" for floodplain management purposes means structures for which the "start of construction" commenced on or after the effective date of floodplain management practices adopted by this community, and includes any subsequent improvements to such structures. 42. "New manufactured home/mobile home park or subdivision" means a manufactured home/mobile home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes/mobile homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the ordinance codified in this chapter. 43. "Obstruction" means and includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, or along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. 44. "One hundred year flood" — see "Base flood." 45. "Principal structure" means a structure used for the principal use of the property as distinguished from an accessory use. 46. "Public safety and nuisance," as related to subsection Z (Conditions for exceptions) of this chapter, means that the granting of an exception must not result in anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin. 47. "Recreational vehicle" means a vehicle which is: a. Built on a single chassis; b. Four hundred square feet or less when measured at the largest horizontal projection; light -duty truck; and c. Designed to be self-propelled or permanently towable by a 5 Ordinance No. 2011-2370 Amending Section 18.29.070 Overlay Zones d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 48. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. 49. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. 50. "Sheet flow" —see "Area of shallow flooding." 51. "Special flood hazard area (SFHA)" means an area having special flood or flood -related erosion hazards, and shown on a FBHM or FIRM as Zone A, AO, Al— A30, AE, A99 and AH. 52. "Start of construction" means and includes substantial improvement and other proposed new development, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure (other than a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivisions, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. 53. "Structure" means a walled and roofed building that is principally aboveground. This includes a gas or liquid storage tank or manufactured/mobile home. 54. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. 55. "Substantial improvement" means any reconstruction, rehabilitation, addition or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual work performed. The term does not, however, include either: a. Any project for improvement of a structure to correct violations or to comply with state or local health, sanitary, or safety code specifications which have been identified by a local code conformance official and which are solely necessary to assure safe living conditions; or 6 Ordinance No. 2011-2370 Amending Section 18.29.070 Overlay Zones b. Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure." 56. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. 57. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. 58. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. F. Lands to which Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of National City. G. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard as shown on the special flood hazard map as floodway (FW), floodway fringe (FF-1), and floodway fringe -shallow flooding (FF-2) zones and conforming with the areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for National City dated August 4, 1988, and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated August 4, 1988, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the planning commission by the floodplain administrator. The study, FIRMs and FBFMs are on file at the office of the floodplain administrator at 1243 National City Boulevard, National City, California, 91950. H. Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violation. Interpretation. In the interpretation and application of this chapter, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the city; and 3. Deemed neither to limit nor repeal any other powers granted under state statutes. J. Severability. This chapter and the various parts thereof are declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. K. Floodway Zone (FW) Established. There is established, on the special flood hazard map, a designated floodway zone. The FW zone shall be applied to those areas of special flood hazard designated as floodways on the "Flood Boundary and Floodway Map" of the Flood Insurance Study. L. Floodway Fringe Zone (FF-1) Established. There is established, on the special flood hazard map, a designated floodway fringe zone. The FF-1 zone shall be applied 7 Ordinance No. 2011-2370 Amending Section 18.29.070 Overlay Zones to those areas of special flood hazard designated as floodway fringe on the "Flood Boundary and Floodway Map" of the Flood Insurance Study, but excluding areas of shallow flooding designated AO or AH on the Flood Insurance Rate Map (FIRM). M. Floodway Fringe — Shallow Flooding Zone (FF-2) Established. There is established, on the special flood hazard map, a designated floodway fringe -shallow flooding zone. The FF-2 zone shall be applied to those areas of special flood hazard designated as floodway fringe on the "Flood Boundary and Floodway Map" of the Flood Insurance Study, and designated as areas of shallow flooding AO or AH on the Flood Insurance Rate Map (FIRM). N. Standards Applicable to All Areas of Special Flood Hazard. In all areas of special flood hazards including the FW, FF-1 and FF-2 zones, the following standards are required: 1. Anchoring. a. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. b. All manufactured/mobile homes shall meet the anchoring standards of subsection Q. 2. Construction Materials and Methods. AM new construction and substantial improvements shall be constructed: a. With materials and utility equipment resistant to flood damage; b. Using methods and practices that minimize flood damage; c. With electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if d. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. 3. Elevation and Floodproofing. (See subsection E definitions for "new construction," "substantial damage" and "substantial improvement.") a. Residential construction, new or substantial improvement, shall have the lowest floor, including basement: In an AO zone, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least one foot, or elevated at least three feet above the highest adjacent grade if no depth number is specified; ii. In an A zone, elevated at least one foot above the base flood elevation, as determined by the city; In all other zones, elevated at least one foot above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional civil engineer or surveyor to be properly elevated. Such certification or verification shall be provided to the floodplain administrator. b. Nonresidential construction shall either be elevated to conform with subsection 3 a of this section or together with attendant utility and sanitary facilities: Be completely floodproofed below the elevation recommended under subsection 3 a of this section so that the structure is watertight with walls substantially impermeable to the passage of water; and Ordinance No. 2011-2370 Amending Section 18.29.070 Overlay Zones 8 ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and Be certified by a registered professional civil engineer that the standards of this subsection 3 b of this section are satisfied. Such certification shall be provided to the floodplain administrator. c. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basement) that are usable solely for parking vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must exceed the following minimum criteria: Be certified by a registered professional civil engineer; or ii. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency; or Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. d. Manufactured homes shall also meet the standards in subsection 3 c of this section and subsection Q. 4. Storage of Material and Equipment. a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or could be injurious to human, animal or plant life is prohibited. b. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. O. Standards for Utilities. 1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: a. Infiltration of floodwaters into the systems; and b. Discharge from the systems into floodwaters. 2. On -site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding. P. Standards for Subdivisions. 1. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. 2. All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the final first floor and pad elevations shall be certified by a registered professional civil engineer or surveyor and provided to the floodplain administrator. 3. All subdivision proposals shall be consistent with the need to minimize flood damage. 4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. 5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. 9 Ordinance No. 2011-2370 Amending Section 18.29.070 Overlay Zones Q. Standards for Manufactured Homes/Mobile Homes. 1. All manufactured homes that are placed or substantially improved, within Zones A1-30, AH and AE on the Flood Insurance Rate Map, on sites located: a. Outside of a manufactured home park or subdivision; b. In a new manufactured home park or subdivision; c. In an expansion to an existing manufactured home park or subdivision; or d. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. 2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH and AE on the Flood Insurance Rate Map that are not subject to the provisions of subsection A of this section shall be elevated so that either: a. The lowest floor of the manufactured home is at least one foot above the base flood elevation; or b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty- six inches in height above grade and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. 3. All mobile homes/manufactured homes shall be anchored to resist flotation, collapse or lateral movement by providing over -the -top and frame ties to ground anchors. Specific requirements shall be that: a. Over -the -top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than fifty feet long requiring only one additional tie per side; b. Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than fifty feet long requiring only four additional ties per side; c. All components of the anchoring system be capable of carrying a force of four thousand eight hundred pounds; and d. Any additions to the mobile home shall be similarly anchored. R. Standards for Recreational Vehicles. All recreational vehicles placed on sites within Zones A1-30, AH and AE on the community's Flood Insurance Rate Map will either: 1. Be on the site for fewer than one hundred eighty consecutive days; 2. Be fully licensed and ready for highway use —a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or 3. Meet the permit requirements of subsection T of this chapter and the elevation and anchoring requirements for manufactured homes in subsection Q 1 a. S. Floodways (FW). Located within areas of special flood hazard established in subsection G are areas designated as floodways to which the following provisions apply: 1. Encroachments, including fill, new construction, manufactured homes, substantial improvements, and other development, shall be prohibited unless certification by a registered professional civil engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 10 Ordinance No. 2011-2370 Amending Section 18.29.070 Overlay Zones 2. If subsection S 1 is satisfied, all new construction, substantial improvements, and other new development shall comply with all other applicable flood hazard reduction provisions of subsections N through S and require approval of a Conditional Use Permit pursuant to Title 18 of the National City Municipal Code. (Ord. 2107 § 1 (part), 1996) T. Establishment of Development Permit. A development permit shall be obtained concurrently with or before issuance of any building, grading, conditional use, planned development, or planned unit development permit, or site plan approval, and before construction or development begins within any area of special flood hazard established in subsection G. Application for a development permit shall be on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: 1. Identify and describe the work to be covered by the permit for which application is made; 2. Describe the land on which the proposed work is to be done by lot, block, tract, house and street address; or similar description that will readily identify and definitely locate the proposed building or work; 3. Indicate the use or occupancy for which the proposed work is intended; 4. Be accompanied by plans and specifications for proposed construction; 5. Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority; 6. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures in AO zone elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; 7. Proposed elevation in relation to mean sea level to which any structure will be floodproofed, if required in subsection N 3 c; 8. All appropriate certifications listed in subsection V 5 of this chapter; 9. Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; 10. Give such other information as reasonably may be required by the floodplain administrator, including but not limited to: a. A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross -sectional areas to be corrupted by the proposed development and higher water information, b. Locations and elevations of streets, water supply, sanitary facilities, photographs showing existing land uses and vegetation upstream and downstream, soil types and other pertinent information, c. Profile showing the slope of the bottom of the channel or flow line of the stream; 11. Evidence of prior or concurrent approval of any Conditional Use Permit which may be required by subsection V for alteration of watercourses. U. Designation of the Floodplain Administrator. The city engineer is appointed to administer, implement and enforce this chapter by granting or denying development permits in accord with its provisions. V. Duties and Responsibilities of the Floodplain Administrator. The duties of the floodplain administrator shall include, but not be limited to the following: 1. Permit Review. Review all development permits to determine that: 11 Ordinance No. 2011-2370 Amending Section 18.29.070 Overlay Zones a. Permit requirements of this chapter have been satisfied; b. All other required state and federal permits have been obtained; c. The site is reasonably safe from flooding; and d. The proposed development does not adversely affect the carrying capacity of the areas where base flood elevations have been determined but a floodway has not been designated. 2. Review and Use of any Other Base Flood Data. When base flood elevation data have not been provided in accordance with subsection G, the floodplain administrator shall obtain, review and reasonably utilize any base flood and floodway elevation data available from a federal or state agency or other source, in order to administer subsections N through S, inclusive. Any such information shall be submitted to the city for adoption. 3. Information to be Obtained and Maintained. a. Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures; b. For all new or substantially improved flood -proofed structures: Verify and record the actual elevation (in relation to mean sea level); and ii. Maintain the floodproofing certifications required in subsection 3 a b and c of subsection N, part 2 of subsection P, and part 1 of subsection S; c. Maintain for public inspection all records pertaining to the provisions of this chapter. 4. Conditional Use Permit Required. In alteration or relocation of a watercourse, a Conditional Use Permit shall be required by the planning commission. Such permit shall include the following conditions: a. Notification of adjacent communities and the California Department of Water Resources prior to alteration or relocation; b. Submission of evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; c. Assurance that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained; d. The new channel shall be completed before the old channel is abandoned. 5. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following: a. Certification required by subsection N 3 a (floor elevations); b. Certification required by subsection N 3 b (elevation or floodproofing of nonresidential structures); c. Certification required by subsection N 3 c (wet floodproofing standard); d. Certification of elevation required by subsection P 2 (subdivision standards); e. Certification required by subsection S 1 (floodway encroachments). 6. Remedial Action. Take action to remedy violations of this chapter as specified in subsection H. 7. Base Flood Elevation changes due to physical alterations: a. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the 12 Ordinance No. 2011-2370 Amending Section 18.29.070 Overlay Zones permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR) b. All LOMR's for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data. 8. Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits. W. Map Determination. The boundaries of the FW, FF-1 and FF-2 zones shall be determined by the scale contained on the special flood hazard map. Where interpretation is needed to the exact location of said boundaries (for example where there appears to be a conflict between a mapped boundary and actual field conditions), the planning commission shall make such determination in accordance with this Title based upon: 1. The recommendation of the floodplain administrator; and 2. A review of the Flood Hazard Boundary Maps adopted by reference and declared to be a part of this chapter; and 3. Technical evidence which may be presented by the applicant. The regulatory flood elevation for the point in question shall be the governing factor in locating the boundary on land. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection X. X. Appeals. The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this chapter. Appeals may be filed and shall be processed in the same manner as for site plan review as provided in this Title. Y. EXCEPTIONS. 1. Applications for exceptions from the terms of this chapter shall be submitted and processed in the same manner as Conditional Use Permits, as provided in this Title. 2. In passing upon such applications for exceptions, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and the: a. Danger that materials may be swept onto other lands to the injury of others; b. Danger to life and property due to flooding or erosion damage; c. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and future property owners; d. Importance of the services provided by the proposed facility to the community; e. Necessity to the facility of a waterfront location where applicable; f. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. Compatibility of the proposed use with existing and anticipated development; h. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 13 Ordinance No. 2011-2370 Amending Section 18.29.070 Overlay Zones Safety of access to the property in times of flood for ordinary and emergency vehicles; j. Expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and k. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. 3. Any applicant to whom an exception is granted shall be given written notice over the signature of a community official that: a. The issuance of an exception to construct a structure below the base flood level will result in increased premium rates for flood insurance; and b. Such construction below the base flood level increases risks to life and property. c. A copy of the notice shall be recorded by the floodplain administrator in the office of the San Diego County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. 4. The floodplain administrator will maintain a record of all exception actions, including justification for their issuance, and report such exceptions issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency. Z. Conditions for Exceptions. 1. Generally, exceptions may be issued for new construction and substantial improvements and other proposed development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by Tots with existing structures constructed below the base flood level, providing items in subsections N through U, inclusive, of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the exception increases. 2. Exceptions may be issued for the repair or rehabilitation of "historic structures" (as defined in subsection E of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the exception is the minimum necessary to preserve the historic character and design of the structure. 3. Exceptions shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result. 4. Exceptions shall only be issued upon a determination that the exception is the "minimum necessary," considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of exceptions to an elevation requirement, this means the planning commission need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the planning commission believes will both provide relief and preserve the integrity of this chapter. 5. Exceptions shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the exception would result in exceptional hardship to the applicant; and c. A determination that the granting of an exception will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in subsection E of this chapter, or conflict with existing local laws or ordinances. 14 Ordinance No. 2011-2370 Amending Section 18.29.070 Overlay Zones 6. Exceptions may be issued for new construction, substantial improvement, and other proposed development necessary for the conduct of a functionally dependent use provided that the provisions of subsection Z 1-5 through E are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance. 7. Upon consideration of the factors of subsection Y and the purposes of this chapter, the planning commission may attach such conditions to the granting of exceptions as it deems necessary to further the purposes of this chapter. AA. Fees. 1. A nonrefundable fee as established in the fee schedule adopted by the city shall be paid to the city at the time of filing an application for a development permit pursuant to subsection T. 2. A nonrefundable fee as established in the fee schedule adopted by the city shall be paid to the city at the time of filing an appeal pursuant to subsection X. 3. A nonrefundable fee as established in the fee schedule adopted by the city shall be paid to the city at the time of filing for an exception pursuant to subsection Y. PASSED AND ADOPTED this 15th day of November, 2011. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 15 Ron Morrison, Mayor Ordinance No. 2011-2370 Amending Section 18.29.070 Overlay Zones CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 8, 2011 AGENDA ITEM NO. 18 EM TITLE: Resolution of Intention of the City Council of the City of National City authorizing the formation and implementation of the National City Tourism Marketing District. PREPARED BY: Angelita Marchantee DEPARTMENT: Administrative Services PHONE: (619) 336-4219 APPROVED BY EXPLANATION: The National City Tourism Marketing District (NCTMD) will be a benefit assessment district proposed to help fund marketing and sales promotion efforts for National City lodging businesses. Funds raised by the district will be collected by the city and returned to the management corporation, National City Chamber of Commerce (NNCC), which will manage the funds in accordance with a written Management District Plan. The proposed district would place a two and one-half percent (2.5%) assessment on all hotels within the City. Lodging businesses within the City have requested Council begin the process of forming a tourism district. Businesses which will pay 70.4% of the proposed assessment have submitted petitions in favor of forming the district, which exceeds the legal requirement of 50%. Adopting this Resolution is the first step in the district formation process. After adoption of this resolution, the City Clerk will mail a notice of the proposed assessment, including the dates for a public meeting and final hearing, to all businesses proposed to be included in the district. A public meeting is proposed to be held on December 6, 2011 and the final hearing on January 10, 2012. City received a $28,500 grant from the County of San Diego for consultant and legal fees associated with the formation implementation of a NCTMD. FINANCIAL STATEMENT: ACCOUNT NO. 001-409-000-650-9001 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: X FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Management District Plan L/ Letter from the County of San Diego Supervisor Greg Cox regarding $28,500 grant the City received. RESOLUTION NO. 2011 — RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FORMATION AND IMPLEMENTATION OF THE NATIONAL CITY TOURISM MARKETING DISTRICT WHEREAS, the Property and Business Improvement District Law of 1994 ("PBID Law"), Streets and Highways Code section 36600, et seq., authorizes cities and counties to establish property and business improvement districts for the purposes of promoting tourism; and WHEREAS, the National City Chamber of Commerce, lodging business owners, members of the business community, and representatives from the City of National City have met to consider formation of the National City Tourism Marketing District ("NCTMD"); and WHEREAS, the National City Chamber of Commerce and lodging businesses within the City have drafted a Management District Plan that sets forth the proposed boundaries of the NCTMD, a service plan, budget, and a proposed means of governance; and WHEREAS, a majority of the lodging business owners subject to assessment under the NCTMD have petitioned the City Council to establish the NCTMD. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City finds and declares as follows: 1. That the recitals set forth herein are true and correct. 2. That the Management District Plan satisfies all requirements of Streets and Highways Code section 36622. 3. That the name of the district shall be the National City Tourism Marketing District ("NCTMD"). 4. That the boundaries of the NCTMD shall be the boundaries of the City of National City. 5. That the lodging businesses that will pay more than fifty percent (50%) of the assessment proposed in the Management District Plan have signed and submitted petitions in support of the formation of the NCTMD. 6. That the City Council accepts the petitions and adopts this Resolution of Intention to establish the NCTMD and levy an assessment on certain lodging businesses within the NCTMD boundaries in accordance with the Property and Business Improvement District Law of 1994. 7. That the City Council declares its intention to establish the NCTMD, and to levy and collect assessments on lodging businesses within the NCTMD boundaries pursuant to the Property and Business Improvement District Law of 1994. 8. That the NCTMD annual assessment rate for lodging businesses is 2.5% of gross short term (stays less than 31 days) room rental revenue. Based on the benefit received, assessments will not be collected on certain stays as described in the Management District Plan. Resolutions No. 2011 — November 15, 2011 Page Two 9. That the assessments levied for the NCTMD shall be applied toward sales promotion and marketing programs to market National City lodging businesses as tourist, meeting, and event destinations, and for other activities as set forth in Streets and Highways Code section 36610. Funds remaining at the end of any year may be used in subsequent years in which NCTMD assessments are levied as long as they are used consistent with the requirements of this resolution. 10. That the NCTMD will have a five-year term unless renewed pursuant to Streets and Highways Code section 36660. 11. Bonds shall not be issued. 12. That the time and place for the public meeting to consider establishing the NCTMD and the levy of assessments are set for December 6, 2011, at 6:00 p.m., or as soon thereafter as the matter may be heard, at the City Council Chambers located at 1243 National City Boulevard, National City, California 91950. 13. That the time and place for the public hearing to establish the NCTMD and the levy of assessments are set for January 10, 2012, at 6:00 p.m., or as soon thereafter as the matter may be heard, at the City Council Chambers located at 1243 National City Boulevard, National City, California 91950. 14. That the City Clerk is directed to provide written notice to the lodging businesses subject to assessment of the date and time of the hearing, and to provide that notice as required by Streets and Highways Code section 36623. 15. That at the public hearing the testimony of all interested persons for or against the establishment of the NCTMD may be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the lodging businesses within the proposed NCTMD that will pay fifty percent (50%) or more of the estimated total assessment of the entire NCTMD, no further proceedings to establish the NCTMD shall occur. 16. That the complete Management District Plan is on file in the office of the City Clerk, and may be reviewed upon request. 17. That this Resolution on Intent shall take effect immediately upon its adoption by the City Council. PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney Attachment 1 National City Management District Plan NATIONAL CITY TOURISM MARKETING DISTRICT MANAGEMENT DISTRICT PLAN Formed pursuant to the Property and Business Improvement District Act of 1994 (Streets and Highways Code §36600 et seq.) Submitted to the National City Chamber of Commerce And National City Lodging Businesses August 22, 2011 by CIVITAS NATIONAL CITY TOURISM MARKETING DISTRICT MANAGEMENT DISTRICT PLAN TABLE OF CONTENTS I. INTRODUCTION AND OVERVIEW 2 II. WIIY r1 TOURISM MARKETING DISTRICT FOR NATIONAL CITY? 3 III. AVFIAT IS A TOURISM MARKETING DISTRICT? 4 IV. NATIONAL. CITY TMD BOUNDARY V. SERVICE PLAN AND BUDGET 6 A. Assessment 6 B. Determination of Special Benefit 7 C. Time and Manner for Collecting Assessments 7 D. Service Plan Budget Summary 7 VI. BID GOVERNANCE 10 A. Owners' Association 10 APPENDIX 1 — THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 11 APPENDIX 2 - LODGING BUSINESSES TO BE ASSESSED WITHIN THE NCTMD 25 National City Tourism Marketing District Management District Plan Page 1 I. INTRODUCTION AND OVERVIEW Developed by National City Chamber of Commerce (the Chamber) and National City lodging businesses, the National City Tourism Marketing District (NCTMD) is a benefit assessment district proposed to help fund marketing and sales promotion efforts for National City lodging businesses. This approach has been used successfully in other destination areas throughout the country to improve tourism and drive additional room nights. Location: The proposed NCTMD includes all lodging businesses (hotels, motels, and inns) located within the boundaries of the city limits of the city of National City. Services: Marketing and sales promotions and safety and image enhancement initiatives to increase tourism and to market National City as a tourist, meeting and event destination. Budget: The total NCTI\-ID annual budget for each year of its five year operation is anticipated to be approximately $175,000. Cost: The annual assessment rate is 2.5°/o of gross short term (stays less than 31 days) room rental revenue on lodging businesses. Based on the benefit received, assessments will not be collected on certain stays as described on page 6. Formation: TMD formation requires submittal of petitions from lodging businesses representing more than 50°'0 of the total annual assessment followed by a City Council hearing and an opportunity for a written protest. The assessed lodging business owners will receive notice of the public hearing by mail. if there is a majority written protest, the 'fMD will not be formed. Duration: The proposed NCTMD will have a five year life. The NCTMD assessment will be implemented beginning]anuary 1, 2012. Once per year beginning on the anniversary of the formation of the district there is a 30-day period in which owners paying more than 50%, of the assessment may protest and ternunate the district. National City Tourism Marketing District Management District Plan Page 2 II. WHY A TOURISM MARKETING DISTRICT FOR NATIONAL CITY? There are several reasons why now is the right time to form a TMD in National City; the most compelling reasons are as follows: 1. The Need to Increase Occupancy The formation of the NCTMD is a proactive effort to provide supplemental funding beyond that provided by the Cite. The funding will ensure that adequate financing exists for the investment required to increase occupancy in the lodging industry and be competitive in the conference segment of the tourism market. The investment will cover an expanded marketing and promotional budget needed to reach this market segment. 2. An Opportunity for Increasing City Tax Revenues As occupancy rates increase, so too will the City's TOT revenue. With stable public/private funding for tourism marketing efforts, annual occupancy rates should increase significantly as new marketing and sales promotion programs are implemented. Greater occupancy will also produce an increase in sales tax revenues from tourist spending. This represents a substantial return to the City. The formation of the NCTMD in partnership with the Chamber creates a stable funding source tied directly to tourism promotion. 3. Stable Funding for Tourism Promotion The NCTII\ID will provide a stable source of funding for consistent tourism promotion efforts. The NCTMD will provide funding for tourism promotion free of the political and economic circumstances that can reduce or eliminate government funding for tourism promotion. National City Tourism Marketing District Management District Plan Page 3 III. WHAT IS A TOURISM MARKETING DISTRICT? Tourism Marketing Districts (TA!Ds) utilize the efficiencies of private sector operation in the market -based promotion of tourism districts. Tiv1Ds allow lodging and tourism -related business owners to organize their efforts to increase tourism. Tourism -related business owners within the district fund a TMD, and those funds are used to provide services that the businesses desire and that benefit the lodging businesses within the District. Tourism Marketing District services may include, but are not limited to: ➢ Marketing of the Destination ➢ Tourism Promotion Activincs ➢ Sales Lead Generation In California, Tourism Marketing Districts are formed pursuant to the Property and Business Improvement District Law of 1994 (P131D Law). This law allows for the creation of a special benefit assessment district to raise funds within a specific geographic arca. The key difference between T tDs and other- special benefit assessment dishicts is that funds raised are returned to the private non-profit corporation governing the district. There are many benefits to Tourism Marketing Districts: Funds cannot be diverted for other government programs; ➢ Tourism Marketing Districts are customized to fit the needs of each tourism district; ➢ They allow for a wide range of services, including those listed above; ➢ Tourism Marketing Districts are designed, created and governed by those who will pay the assessment; > They provide a stable funding source for tourism promotion. The Property and Business Improvement District Law of 1994 is provided in Appendix 1. National City Tourism Marketing District Management District Plan Page 4 IV. NATIONAL CITY TMD BOUNDARY The NCTNID will include all lodging businesses, existing and in the future, occupancy within the boundaries of the city limits of the city of National City. The boundary currently includes twelve lodging businesses. Please see the map Listing of lodging businesses within the proposed NCTMD can be found on Plan. available for public below. A complete Appendix 2 of this rNational City Tourism Marketing District] CIVITAS Meti OVITASAD»PSORS COr, National City Tourism Marketing District Management District Plan Page 5 V. SERVICE PLAN AND BUDGET A. Assessment The NCTAID annual assessment rate is 2.5°io of gross short term (stays less than 31 days) room rental revenue for lodging businesses. Based on the benefit received, assessments will not be collected on the following stays_ 1. Stays when hotel rents are directly paid by the United States government or its agencies or instrumentalities, or by a transient while he or she is on official business as an employee of the United States government or a federal agency or instrumentality. This does not exempt a stay by a transient who is employed by a business entity that is under contract to a federal entity from payment of the assessment for a stay by that transient even though the payment is later to be reimbursed by the federal entity. 2. Stays directly paid by the State of California or a state agency. This does not exempt a stay by a transient who is employed by the state from payment of the assessment for a room rented by that transient even though the payment is later to be reimbursed to the transient by the state. 3. When the stay is, by treaty or federal or state law, exempt from payment of the assessment. 4. Stays more than thirty (30) consecutive days. 5. Stars pursuant to contracts executed prior to January 1, 2012. The term "gross revenue" as used herein means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Gross revenue shall nor include any federal, state or local taxes collected, including but not limited to transient occupancy taxes. Bonds shall not be issued. The amount of assessment, if passed on to each transient, shall be disclosed in advance, and each transient shall receive a receipt for payment from the business. B. Delinquency, Penalties and Interest 1. Any business which falls to remit any assessment within the time required shall pay a penalty of ten percent of the amount of the assessment in addition to the amount of the assessment. 2. Any business which fails to remit any delinquent assessment on or before a period of thirty days following the date on which the assessment first became delinquent shall pay a second delinquency penalty of ten percent of the amount of the assessment in addition to the amount of the assessment and the ten percent penalty first imposed. 3. If it is determined by the City that the nonpayment of any assessment is due to fraud, a penalty of twenty-five percent of the amount of the assessment shall he added thereto in addition to the penalties stated in subsections 1 and 2 above. 4. In addition to the penalties imposed, any business which fails to remit any assessment shall pay interest at the rate of one and one-half percent per month or fraction thereof National City Tourism Marketing District Management District Plan Page 6 on the amount of the assessment, exclusive of penalties, from the date on which the assessment first became delinquent until paid. B. Determination of Special and Specific Benefit State law requires that assessment funds be expended on a special and specific benefit conferred directly to the pavors that is not provided to those not charged, and which does not exceed the reasonable cost to the City of -conferring the benefit. The specific benefit the district will provide to assessed lodging businesses, and will not provide to non - assessed lodging businesses, is roots tight sales. The programs and services provided with the district funds will be designed specifically to drive room night sales at assessed lodging businesses. Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from district -funded activities, be featured in advertising campaigns, and benefit from other district -funded services. Non -assessed lodging businesses will not receive these nor any other district -funded services. The services provided herein are intended to increase room night sales for lodging businesses. It is appropriate that the assessment be based on room night revenue, which varies proportionally between businesses and is an appropriate measure of benefit. C. Time and Manner for Collecting Assessments The NCIMD assessment will be implemented beginning January 1, 2012 and will continue for five years. The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, penalties and interest) from each lodging business located in die boundaries of the NCTIy1D. The City shall take all reasonable efforts to collect the assessments from each lodging business. The City shall forward the assessments to the Chamber which will have the responsibility of managing TAM programs as provided in this Management District Plan. D. Service Plan Budget Summary A summary of the annual service plan budget for the NCTMD is provided on the following pages. The total five year improvement and service plan budget is projected at approximately $175,000 annually, or $875,000 through 2016. A service plan has been developed to deliver services throughout the District. Annual Budget Years One through Five 84% 10% 1% 5°/0 100% $147,000 $17,500 $1,750 $8,750 $175,000 National City Tourism Marketing District Management District Plan Page 7 Sales, Marketing, Safety and Irnage A sales and marketing program will promote National. City as an overnight tourist and meeting destination. The sales and marketing program will have a central theme of promoting National City as a desirable place to visit overnight. The safety and image initiatives will be designed to increase safety at lodging businesses and enhance the image of the lodging businesses as safe places to visit. These programs may include: • Internet marketing efforts to increase awareness and optimize internee presence; • Print ads in magazines and newspapers targeted at potential visitors; • Radio ads targeted at potential visitors; • Attendance of trade shows; • Sales blitzes; • Familiarization tours; • Preparation and production of collateral promotional materials such as brochures, flyers and maps; • Attendance of professional industry conferences and affiliation events; • Lead generation activities designed to attract tourists and group events to National City; • Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts; • Education of hospitality staff on service and safety (related to alcohol and food) designed to create a visitor experience that will bring repeat visits; • Education of lodging business management and the owners' association on marketing strategies best suited to meet National City's needs; • Coordination with police and other public agencies to address crime and code violations at lodging businesses; • Participation in a business watch program to improve safety at lodging businesses; and • Image enhancement initiatives to promote National City lodging businesses as safe places to stay. Administration and Operations The administrative and operations portion of the budget shall be utilized for staffing costs, office costs, insurance, and other general administrative costs. City Administration Fee The City shall retain 1% of the assessment collected to cover its costs of collection and administration. Contingency/Renewal A prudent portion of the budget will be set aside in a contingency fund, to be used for unforeseeable costs in carrying out the sales and marketing programs. If at the expiration of the district there are contingency funds remaining, and business owners wish to renew the district, the remaining contingency funds may be used for renewal costs. National City Tourism Marketing District Management District Plan Page 8 E. Adjustments Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. however, the Chamber board shall have the authority to adjust budget allocations between the categories by no more than fifteen percent (15%) per year. G. Ter nination If there are funds remaining at the end of the District term and lodging businesses choose to renew, these remaining funds shall he transferred to the renewed District. 11 there are funds remaining at the end of the District and lodging businesses choose not to renew, any remaining funds will be spent consistent with this Plan or returned to assessed businesses in equal proportions to the assessment paid by each business pursuant to Street and I Iighways Code §36671. National City Tourism Marketing District Management District Plan Page 9 VI. BID GOVERNANCE A. Owners' Association The City Council, through adoption of this Management District Plan, has the right, pursuant to Streets a:.d Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the owners' association of the NCTMD as defined in Streets and Highways Code 036614.5. The Chamber will serve as the Owner's Association for the NCTMD. The Chamber will create a tourism improvement district committee, which shall include the executive committee and be composed prnnarily of representatives of assessed lodging businesses, to manage the TID funds and programs: B. Brown Act and California Public Records Act Compliance The Owner's Association is subject to government regulations relating to transparency, namely the Ralph I. Brown Act and the California Public Records Act, designed to promote public accountability. The Owners' Association of a TMD is considered a legislative body under the Ralph M. Brown Act (Government Code 554950 et seg.). Thus, meetings of the Chamber board must be held in compliance with the public notice and other requirements of [Ile Brown Act. The Owner's Association is also subject to the record keeping requirements of the California Public Records Act. C. Annual Report The Chamber board shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650. National City Tourism Marketing District Management District Plan Page 10 APPENDIX 1 — THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 STREETS AND HIGHWAYS CODE Division 18. Parking *** THIS DOCUMENT IS CURRENT THROUGI 12009-2010 EXTRAORDINARY SESSIONS 1-5, *** AND 7_ ANI) URGENCY LEGISLATION THROUGH CH 4 OF THE 2010 REGULAR SESSION § 36600. Citation of part This part shall be known and may be cited as the "Property and Business Improvement District Law of 1994." § 36601. Legislative findings and declarations The Legislature finds and declares all of the following: (a) Businesses located and operating within the business districts of this state's communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of the business districts of its cities in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow cities to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that benefits from those improvements. (d) Assessments levied for the purpose of providing improvements and promoting activities that benefit real property or businesses are not taxes for the general benefit of a city, but are assessments for the improvements and activities which confer special benefits upon the real property or businesses for which the improvements and activities are provided. § 36602. Purpose of part The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within a business improvement area. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. National City Tourism Marketing District Management District Plan Page 11 § 36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2S00)). § 36603.5. Part prevails over conflicting provisions Any provision in this part that conflicts with any other provision of law shall prevail over the other provision of law. § 36604. Severability This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes. § 36605. (Section repealed 2001.1 § 36606. "Assessment" "Assessment" means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and promoting activities which will benefit the properties or businesses located within a property and business improvement district. § 36607. "Business" "Business" means all types of businesses and includes financial institutions and professions. § 36608. "City" "City" means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county. National City Tourism Marketing District Management District Plan Page 12 § 36609. "City council" "City council" means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. § 36610. 'Improvement" "Improvement" means the acquisition, constriction, installation, or maintenance of any tangible property with an estimated useful life of live years or more including, but not limited to, the following: (a) Parking facilities. (b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms. (d) Lighting and heating facilities. (e) Decorations. (f) Parks. (g) Fountains. (h) Planting areas. (i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the area. (k) Ramps, sidewalks, plazas, and pedestrian malls. (I) Rehabilitation or removal of existing structures. § 36611. "Property and business improvement district"; "District" "Property and business improvement district," or "district," means a property and business improvement district established pursuant to this part. § 36612. "Property" "Property" means real property situated within a district. § 36613. "Activities" "Activities" means, but is not limited to, all of the following: (a) Promotion of public events which benefit businesses or real property in the district. National City Tourism Marketing District Management District Plan Page 13 (b) Furnishing of music in any public place within the district. (c) Promotion of tourism within the district. (d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (1) Activities which benefit businesses and real property located in the district. § 36614. "Management district plan"; "Plan" "Management district plan" or "plan" means a proposal as defined in Section 36622. § 36614.5. "Owners' association" "Owners' association" means a private nonprofit entity that is under contract with a city to administer or implement activities and improvements specified in the management district plan. An owners' association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners' association is a private entity and may not be considered a public entity for any purpose, nor may its hoard members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners' association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all documents relating to activities of the district. § 36615. "Property owner"; "Owner" "Property owner" or "owner" means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. The city council has no obligation to obtain other information as to the ownership of land, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this subdivision requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. § 36616. "Tenant" "Tenant" means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner. National City Tourism Marketing District Management District Plan Page 14 § 36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part. § 36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. § 36620.5. Requirement of consent of city council A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city. § 36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following: (1) A map showing the boundaries of the district. (2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following: (1) A brief description of the proposed activities and improvements, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or National City Tourism Marketing District Management District Plan Page 15 businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements and activities and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623_ § 36622. Contents of management district plan The management district plan shall contain all of the following: (a) A map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. (b) The name of the proposed district. (c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected lands and businesses included. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements and activities proposed for each year of operation of the district and the maximum cost thereof. (e) The total annual amount proposed to be expended for improvements, maintenance and operations, and debt service in each year of operation of the district. (f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements. (g) The time and manner of collecting the assessments. (h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. National City Tourism Marketing District Management District Plan Page 16 (k) A list of the properties or businesses to be assessed, including the assessor's parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof, including operation and maintenance. The plan may provide that all or any class or category of real property which is exempt by law from real property taxation may nevertheless be included within the boundaries of the district but shall not be subject to assessment on real property_ (1) Any other item or matter required to be incorporated therein by the city council. § 36623. Procedure to levy assessment (a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 59954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners of businesses in the proposed district which will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. § 36624. Changes to proposed assessments At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements or activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. National City Tourism Marketing District Management District Plan Page 17 § 36625. Resolution of formation (a) If the city council, following the public hearing, decides to establish the proposed property and business improvement district, the city council shall adopt a resolution of formation that shall contain all of the following: (1) A brief description of the proposed activities and improvements, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement about whether bonds will be issued, and a description of the exterior boundaries of the proposed district. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received. (5) A statement that the properties or businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements and activities to be provided in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements and activities funded by the assessments proposed to be levied. (b) The adoption of the resolution of formation and recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan. § 36626. Resolution establishing district If the city council, following the public hearing, desires to establish the proposed property and business improvement district, and the city council has not made changes pursuant to Section 36624, or has made changes that do not substantially change the proposed assessment, the city council shall adopt a resolution establishing the district. The resolution shall contain all of the information specified in paragraphs (1) to (8), inclusive, of subdivision (b) of Section 36625, but need not contain information about the preliminary resolution if none has been adopted. National City Tourism Marketing District Management District Plan Page 18 § 36626.5. [Section repealed 19991 § 36626.6. [Section repealed 1999.] § 36626.7. [Section repealed 1999.] § 36627. Notice and assessment diagram Following adoption of the resolution establishing the district pursuant to Section 36625 or 36626, the clerk of the city shall record a notice and an assessment diagram pursuant to Section 3114. If the assessment is levied on businesses, the text of the recorded notice shall be modified to reflect that the assessment will be levied on businesses, or specified categories of businesses, within the area of the district. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. § 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. § 36628.5. Assessments on businesses or property owners The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements and activities. § 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or discstablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a parking and business improvement area. National City Tourism Marketing District Management District Plan Page 19 § 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and a new district established pursuant to this part. § 36631. Tirne and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution establishing the management district plan described in Section 36622. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part shall be charged interest and penalties. § 36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part. (b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part. (c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part. § 36633. Time for contesting validity of assessment The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36626. Any appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. § 36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. National City Tourism Marketing District Management District Plan Page 20 § 36635. Request to modify management district plan The owners' association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. § 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention; Modification of improvements and activities by adoption of resolution after public hearing (a) Upon the written request of the owners' association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623 . Notice of all other public meetings and public hearings pursuant to this section shall comply with both of the following: (1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public meeting. (2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public meeting, to each business owner or property owner affected by the proposed modification. (b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention. § 36637. Reelection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. § 36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a) The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks -Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter S of Division 7 National City Tourism Marketing District Management District Plan Page 21 of Title I of the Government Code). Zither act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years. (c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt. § 36641. [Section repealed 2001.1 § 36642. [Section repealed 2001.1 § 36643. [Section repealed 2001.1 § 36650. Report by owners' association; Approval or modification by city council (a) The owners' association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. The owners' association's first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used. (b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: (1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements and the activities for that fiscal year. (4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year. (5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. National City Tourism Marketing District Management District Plan Page 22 (6) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. (c) The city council may approve the report as filed by the owners' association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636. The city council shall not approve a change in the basis and method of levying assessments Mat would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. § 36651. Designation of owners' association to provide improvements and activities The management district plan may, but is not required to, state that an owners' association will provide the improvements or activities described in the management district plan. If the management district plan designates an owners' association, the city shall contract with the designated nonprofit corporation to provide services. § 36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district. § 36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances: (1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year National City Tourism Marketing District Management District Plan Page 23 after the date of establishment of the district and shall continue for 30 days. The next such 30- day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners of real property or of businesses in the area who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose (Wally assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not Tess than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days alter the adoption of the resolution of intention. § 36671. Refund of remaining revenues upon disestablishment of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund. National City Tourism Marketing District Management District Plan Page 24 APPENDIX 2 — LODGING BUSINESSES TO BE ASSESSED WITHIN THE NCTMD Business Name Best Western Marina Gateway Clarion South Bay Comfort Inn Grand Plaza Inn Howard Johnson Express National City Motel Paradise Motel Rodeway Inn Stardust Inn Super 8 Motel Sweetwater Inn Carlil Auto Court Street-kddress 800 Bay Marina Drive 700 National City Blvd 1645 E Plaza Blvd 1125 E Plaza Blvd 521 Roosevelt Avenue 510 National City Blvd 1470 National City Blvd 607 Roosevelt Avenue 1700 E Plaza Blvd 425 Roosevelt Ave 2435 Sweetwater Rd 1414 Roosevelt Ave Noun 173 180 91 39 64 24 26 40 34 61 37 ( uunt National City Tourism Marketing District Management District Plan Page 25 Attachment 2 Letter from County of San Diego Supervisor Greg Cox regarding $28,500 grant GREG COX SUPERVISOR, FIRST DISTRICT San Diego County Board of Supervisors August 22, 2011 Mr. Chris Zapata City Manager City of National City 1243 National City Boulevard National City, CA 91950 Dear Mr. Zapata: RECEIVED tr7V7011 3ii cns1 Cit.! 37 f 22417 08 25,'2011 1n:i1''.12.000 R WXP-CP,SH( 00, QC The County of San Diego is pleased to reinvest much needed resources into the community. Enclosed is a check for $28,500.00 to the City of National City for consultant and legal fees associated with the formation and implementation of a Tourism Marketing District in the City of National City. I was very pleased to have recommended this support for your City_ It is our pleasure to have this opportunity to assist the City of National City. Please be sure to complete the required report and submit documentation for expenditures promptly after all grant funds have been spent. The County of San Diego requires a stringent audit trail for monies expended through these grants. Any balance of grant money that is not spent on authorized purchases according to your contract with the County and verified by receipts must be refunded to the County in a timely manner. I appreciate all that the City of National City does for our community. Sincerely, GREG (. X Supervisor, First District Enclosure Cc: Jacqueline Reynoso County Administration Center • 1600 Pacific Highway, Room 335 • San Diego, CA 92101 (619) 531-5511 • Fax (619) 235-0644 warw.gregcox_com Email: greg.cox@sdcounty.ca.gov CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15, 2011 AGENDA ITEM NO. 19 TITLE: A Resolution Authorizing Execution of an Order of Vacation of a portion of D Avenue south of 3151 Street, and a portion of 32nd Street east of D Avenue to allow construction of the 165,000 square -foot Gateway project. (Applicant: Sudberry Properties, Inc.) (Case File No. 2008-37 SC). PREPARED BY: Martin Reeder PHONE: 619-336-4313 DEPARTMENT: Dev APPROVED B t Svcs/Planning. EXPLANATION: On November 15, 2011, the Council approved the Street Vacation request. Since there are no conditions to be satisfied, it would be appropriate to adopt the attached Resolution authorizing execution of the Order of Vacation. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Mitigated Negative Declaration (2008-37 IS). ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the attached Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution _. Order of Vacation RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF ORDER OF VACATION OF A PORTION OF D AVENUE SOUTH OF 31ST STREET, AND A PORTION OF 32ND STREET EAST OF D AVENUE TO ALLOW CONSTRUCTION OF THE 165,000 SQUARE -FOOT GATEWAY PROJECT APPLICANT: SUDBERRY PROPERTIES, INC. CASE FILE NO. 2008-37 SC WHEREAS, to allow construction of the 165,000 square -foot Gateway Project, application was made requesting to vacate and close a portion of D Avenue, south of 31st Street, and a portion of 32nd Street, east of D Avenue, more particularly described in Exhibit "A", attached hereto and incorporated herein as though set forth in full; and WHEREAS, on November 1, 2011, the City Council conducted a public hearing and initiated the proposed vacation and closure of the public right-of-way; and WHEREAS, the City Engineer has caused notice of said vacations and closures to be posted in the manner specified by law; and WHEREAS, on October 17, 2011, the Planning Commission considered the proposed vacation and closure, and found and determined that the vacation and closure of the unimproved portion of the street right-of-way conforms with National City's adopted General Plan; and WHEREAS, the City Council has considered the Planning Commission's report and recommendation, and the presentation of staff regarding the proposed vacation and closure; and WHEREAS, all things and acts necessary to be done as required by Part 3 of Division 9 of the California Streets and Highways Code in order to abandon said street have been done and accomplished; and WHEREAS, a hearing was held on November 1, 2011, in the City Council Chambers of the City of National City, at which time all persons interested in or objecting to the proposed vacation and closure were afforded the opportunity to appear and be heard; and WHEREAS, the City Council at said hearing, found, from all evidence submitted, that said portion of the public right-of-way is unnecessary for present or prospective motorized use or for present or future installation of utilities; and WHEREAS, the City Council at said hearing found that the unimproved public right-of-way does not provide a benefit for an access public right-of-way or for future utilities; and WHEREAS, the City Council at said hearing further found that vacation and closure of said portion of the public right-of-way are in conformity with the adopted General Plan. Resolution No. 2011 — November 15, 2011 Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: 1. That the Mayor and City Clerk, respectively, are authorized and directed to execute and attest an Order of Vacation of the above -described portion of public right-of-way. 2. That the vacation of the above described portion of public right-of-way to motorized vehicles is made under the authority of Division 9, Part 3, Chapter 3 of the California Streets and Highways Code. 4. That the right-of-way to be vacated is not needed for present or future public transportation uses and/or for utility service, since the properties abutting the alley under consideration will continue to have access to public streets and utilities. 5. That while the area to be vacated is not required as a non -motorized transportation facility for pedestrians, bicyclists or equestrians, adjacent streets will allow for the same through travel. 6. That the vacation of the proposed segment of right-of-way is consistent with the National City General Plan, since there are no improvements proposed for the area, and since the area has not and would not be used for vehicular or emergency access to the area. 7. That the City Clerk is hereby authorized and directed to cause a certified copy of subject order to be recorded in the office of the County Recorder of San Diego County, pursuant Section 8325 of the California Streets and Highways Code. 8. That from and after the date that this Resolution is recorded, the above -described portion of public right-of-way no longer constitutes a street, except as reserved and excepted herein. PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney PARCEL 'E' PARCEL 'A' - -- 1 \ , G1'\ t `---- 1 `` --" V P<\ 1 1`� -, 1 -, 1 1 t - PARCEL 'B" nn%%ll%ll1�� �1 1 , 1\\ 1 1 `\1 �1 , -- 1 ` , ,.,G1 ; k k 1 1 PARCEL C P� 1 1 `off \c") t1 / ' � i G-` - t 5a NATIONAL CITY STREET VACATIONS PARCEL 'A' PARCEL "B' PARCEL 'C' PARCEL 'D' PARCEL 'D" g1 P PORTION OF "D" AVEM.E DEDICATED AS STREET EACFMFNT PER DOC. REC. 05-18-54, IN BK 5175, PC 335, O.R. CONTAINS 0.07 ACRES PORTION OF "D. AVENUE GRANTED IN FEE TO NATIONAL CITY PER 00C. REC. 08-21-13, BK 623 PG 257 OF DEEDS. CONTAINS 0.09 ACRES PORTION OF 'D" AVENUE RESERVED IN FEE TITLE FOR STREET PURPOSES BY NATIONAL CITY PER DOC. REC. 04-04-63, F/P 57589. O.R. AND A PORTION RELINQUISHED BY THE STATE OF CALIFORNIA PER DOC. REC. 08-02-93. F/P 93-0496369, O.R. CONTAINS 0.66 ACRES A PORTION OF 32N0 STRtET, FLYUERLY "A" STREET, PER MAP NO. 505 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECERDER MARCH 18, 1888, CONTAINS 0.54 ACRES NATIONAL CITY STREET DEDICATIONS PARCEL 'E" SCALE.: 1 ". 150' 75' 150' PORTION CC "D' AVENUE TO BE DEDICATED TO NATIONAL CITY FOR SMELT PURPOSES, CONTAINS 0.07 ACRES EXHIBIT "A" OCTOBER 24, 2011 GRAPHIC SCALE FUSCDE ENGINEERING INC. 6390 CREENWICH CR. STE. 170 SAN DIEGO, CA 92122 ORDER OF VACATION The City of National City, by authority of Resolution No. 2011- duly adopted on November 15, 2011, by the City Council of the City of National City, hereby orders the vacation of a portion of D Avenue south of 31st Street, and a portion of 32"d Street east of D Avenue more particularly described in Exhibit "A", attached hereto. Executed this 15th day of November, 2011. Ron Morrison, Mayor Michael R. Dalla City Clerk CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15, 2011 AGENDA ITEM NO. 20 :M TITLE: Resolution of the City of National City amending Resolution No. 2010-59, adopted on April 6, 2010, and finding and declaring the public interest and necessity for acquiring and authorizing condemnation and possession of certain real property interests for municipal purposes for the Plaza Boulevard Street Widening Project (Nagraj, Inc.) (A portion of Assessor's Parcel No. 557-410-19; 1700 East Plaza Boulevard) PREPARED BY: George H. Eiser, III PHONE: Ext. 4221 EXPLANATION: DEPARTMENT: City Attorney APPROVED BY: Please see attached Report to City Council. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: Mitigated Negative Declaration adopted December 20, 2005. Finding of No Significant Impact approved June 22, 2006. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: • Report to City Council • Notice of Intent to Amend Previously —Adopted Resolution of Necessity • Proposed Resolution • Memorandum from City Attorney to Mayor and City Council dated March 24, 2010 • Project Description • Resolution No. 2010-59 Report to City the City Council MEETING DATE: November 15, 2011 SUBJECT: Amendment of Resolution of Necessity Nos. 2010-59, 2010-70, and 2010- 71 for Acquisition of Right of Way for Plaza Boulevard Street Widening Project • Nagraj, Inc. (1700 East Plaza Blvd., APN 557-410-19) • Todd Al-Bayati/Samiya Abdul Sattar Kaddory (East Plaza Blvd., APN 557-420-30) • Artemio P. Puedan/Flora O. Puedan (1736-1740 East Plaza Blvd., APN 557-410-05) Recommendation Adopt the attached Resolutions amending previously -adopted Resolutions of Necessity authorizing and directing the appropriate actions to be taken to acquire the necessary property rights, and obtain possession at the'earliest possible dates, for the Plaza Boulevard Street Widening Project. Background The improvement project (Exhibit "A" Vicinity Map, attached hereto) will widen approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project. The Project will improve vehicle circulation and lessen traffic safety concerns. On April 6, 2010 the City Council held a public hearing and thereafter adopted Resolutions of Necessity, Resolution Nos. 2010-59, 2010-70, and 2010-71, in which the City Council made the findings required by law in order to authorize the commencement of eminent domain proceedings. Said resolutions authorized the filing of Complaints in Eminent Domain for the City's acquisition of strips of right of way and temporary construction easements on Assessor Parcel Nos. 557-410-19, 557-420-30, and 557-410- 05 from Nagraj, Inc., Todd Al-Bayati/Samiya Abdul Sattar Kaddory, and Artemio P. Puedan/Flora O. Puedan, respectively, the record property owners. The legal descriptions and plats of the proposed acquisitions were included in Resolution Nos. 2010-59, 2010- 70, and 2010-71. Pursuant to said Resolutions, Complaints in Eminent Domain were filed in superior court on July 29, 2010. Answers were filed in the court actions by the attorney representing the property owners and lessees. A mediation conference was conducted on August 18, but unfortunately, the mediation did not result in the matters being resolved. NOTICE OF INTENT TO AMEND PREVIOUSLY —ADOPTED RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) DATE: October 3], 2011 TO: Nagraj, Inc. 1700 East Plaza Boulevard National City, CA 91950 Anthony Nash, Esq. Luce Forward Hamilton & Scripps, LLP 660 West Broadway, Suite 2600 San Diego, CA 92101 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 -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 necessary 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 soughtto 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. You are hereby notified that on November 15, 2011, at 6:00 p.m., in the Council Chambers at City Hall, 1243 National City Boulevard, National City, the City Council of the City of National City will meet to decide if the above conditions are met concerning your property, and if the conditions are met, to adopt an Amended Resolution of Necessity. Questions regarding the amount of compensation to bepaid are not part of this proceeding, and the City Council does not consider such in determining whether a Resolution should be adopted. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4380 Fax: (619) 336.4397 The proposed resolution, if adopted, will approve the amendment of a previously -approved Resolution of Necessity to authorize the City of National City to acquire the property by eminent domain. Descriptions of the required property are attached to this Notice as Exhibit "A" and Exhibit "B". The proposed public use for this property 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 will be entitled to appear and object to the adoption of the proposed 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 be on file within the 15-day period. Failure to file a written request will result in a waiver of your right 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). By designating which condition(s) forms the basis of your concerns, and why, you will enable the City Council to conduct a full and expeditious review 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. If you have any questions, please call the undersigned at (619) 336-4380. CITY OF NATIONAL CITY Maryam Babaki, P.E. Development Services Director/City Engineer October 31, 2011 2 Notice of Intent Plaza Blvd Street Widening Project 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 J'IO. 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 $9°04'36' EAST 383.63 FEET TO A POINT IN THE WES IERLY 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 UNE 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 UNE ALONG THE EASTERLY LINE OF .LAND PER SAID DEED SOUTH 1T°41'4T EAST. 2.61- FEET TO THE Or BEGINNIN A NOWT ANU RADTIIS CURVE --CONCAVE- NORTHERLY; A RADIAL LINE TO SAID POINT BEARS SOUTH 4°40'21 EAST; 4. THENCE LEAVING SAID EASTERLY UNE WESTERLY ALONG THE ARC. OF SAID -CURVE THROUGH A CENTRAL ANGLE OF 13°59'61' A DISTANCE OF 149.56 FEET TO THE TRUE POINT OF. -BEGINNING. AREA •T 0.014 ACRES. . MORE OR' LES: EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-19 A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months commencing on November 16, 2011'and terminating twelve (12) months later. The actual time to effect the construction on and use of the real property during this 12 month time period shall not exceed thirty (30) days. Prior to the start of the actual construction a 30 day notice will be given to the owner(s) and occupants of the real property. There will be no other physical usage of the Temporary Construction Easement other than during the thirty (30) days of actual construction. At no time will there be equipment and/or materials staged and/or stored within the easement area. Said Temporary Construction Easement shall include the right to enter upon the property described in Exhibit "C" and Exhibit "D", attached hereto and made a part hereof and to perform all acts necessary for the construction of street improvement structures and appurtenant structures associated with the Plaza Boulevard Street Widening Project. Such acts shall further include. without limitation, construction and installing street improvements, driveway transitions, restriping of parking lots, drainage structures, utilities, retaining walls, slopes, landscaping, restoring and replacing private improvements located in and on said easement area described in Exhibit "C" and Exhibit "D". EXHIBIT"B" (Page 2) This easement shall further include the right of unobstructed ingress and egress from the street to the easement area described in Exhibit "C" and Exhibit "D", including the right to pass and repass over and along the easement, and to utilize tools, implements and other materials on the easement area andto utilize construction, automotive and other equipment thereon when necessary for the purposes of exercising the rights secured hereunder. Upon completion of the construction work, the City, and/or its contractors, employees, agents or representatives shalt (a) remove from the Temporary Construction Easement its and their construction equipment and materials and restore the easement area equal to the condition it was prior to the date and time of the commencement of the term of this easement. The restoration shall specifically include the repair/replacement of any landscaping, structures, fences, driveways, or other improvements on or in the easement area that belong to the owner(s) and that are or have been removed, damaged or destroyed by the City, and/or contractors, agents and employees. Impacted utilities and/or Tight standards will be protected in place/and/or relocated. The Temporary Construction Easement areais described in Exhibit "C" and Exhibit "D", attached hereto and hereby incorporated by reference and consists of approximately 0.039 Acres. Exhibit "C" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-19 THAT pcgiTioN-0 THE NORTHWESTERLY QUARTER OF THE WESTERLY :HALF OF 80.00 ACRE LOT 2 IN QUARTER SECTION .129.0F RANCHO DE.LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OFSAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COONTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A RASS DISK. STAMPED CP5 ACCORDING TO RECORD OF SURVEY MAP NO: 17515 FILED IN THE OFFICE OF THE -COUNTY -RECORDER ON AUGUST 30, 2002- WHICH' BEAR E SOUTH 11'35'27' EAST 85:74 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 N,ORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 999'30" 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 13658'5V A DISTANCE OF 149.56 FEET TO A POINT ON THE EASTERLY LINE OF EAND PER SAID DEED.; 2. THENCE ALONG SAID EASTERLY LINE SOUTH 17*4147' EAST (SOUTH • 18°13'32' EAST PER SAID DEEM 1026 FEET TO THE BEGINNING OF A NON -TANGENT 62220-FOOT RADIUS CURVE CONCAVE NORTHERLY.. A - RADIALLINETOSAIDPOlisIT BEARSSOlnif4-7531W_' EAST; 3. THENCE LEAVING SAID EASTERLY UNE WESTERLY ALONG THE ARO OF • SAID. CURVE 'THROUGH A CENTRAL ANGLE OF 3°30'21' A DISTANCE OF Aop FEET: 4-- THENCE.. SOUTH 0°4,9'41* VVEST 4.60 FEETTOTHE BEGINNING OF A NON - TANGENT .82620-FOOT RAQIUS CURVE CONCAVENORTHERLY, A RADIAL. LINE TO sAlp: gE6Rs souti4 1.2i to'. EAST; - U 5 1HENCE WESTERLY ALONd• THE. ARC OF SAID CRVE THROUGH A CENTRAL ANGLE OF 4°25'08"X DISTANCE OF 48.36*FEET; 13. THENCE NORT-H9M0'39! EAST 4:03 FEM. TO THE BEGINNING OFA NON - TANGENT 622_20-FOOT RADIUS CURVE CONCAVENORTHERLY, A RAOIAL LINE TO SAID POINT BEARS BOUTI-OP00:44" WEST; 7. THENCE WESTERLY ALONG THE ARC Of SAID CURVE THROUGH A CENTRAL ANGLE OF 5°50'39' A'bISTANCE OF 63.46 FEET TO A POINT ON THE WESTERLY. LINE OP LAND PER SAID DEED; . 8. THE.NCE ALONG sAip wEsTERLy LINE NORTI-I 17°41'4r WEST 11.20FEEt Ti-te !mpg :POIttr 014EONNItie. - ' • - •' Page -for 2 Exhibit "C" (Page 2) AREA = 0.039 ACRES, MORE OR LESS_ r MPKEY B:'AGtII EXP. 3-31-10 . Pege 2 012 Exhibit "D" APN 557-410=19 CP6 y I jg �3 �3 4 ut. Ji ! Ql ,P ," 4 S CP5 '--383.63 N89O136"E/ ii "T.P.O.B. PERM_ ACQ y AND. ICE a o,� C5 PLAZA BLVD. air C1 �Y1 aI of 0 MI 0 N I TABULATED CURiir.DATA . CURVE DELTA RADIUS .LENGTH Cl 16'03.56' 54(1.00' _ 151.41' CZ. 1.3'59'S1' ' 612:20' 149.56'_ C3 330'27'� , 022-2O . 38:09' C4 4'25'08' 626.20' 48.3cr C5 5'50'39' 622.20' 630 T.P.O.B. P.O.B. A PERMANENT AcanSInot AREA = 0.014 ACRES TEMPORARY CONSTRUCTION EASEIIEfl AREA = 0.039 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 N1 0 cn 011 mI LAND PER DEED REC.3/13/98 AS DOG. NO.-199B-013818D O.R. S 04'40'21' E (R) o m,,P F 557-410-19 POR. NW 114 or W 1/2 DE BO ACRE LOT 2 IN QUARTER SEC. 129 _OF RHO, DE LA NACION MAP No, 166 REVISED BY: DATE: DRAWN BY: KA DATE 4=16-O8 • CNECK3 DX MA DATE:$-22-08 APPRDjiED NA11WNAL- qTY • PERAtANENt ACQUISI*1 • AND 1EMPORART LOht$IRUCIIOH EA IT APN. 57-410-19. 1440141WG'.: SCALE - DOG. N0: DWG. NO . RESOLUTION NO. 2011 RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NO. 2010-59 ADOPTED ON APRIL 6, 2010, AND FINDING AND DECLARING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND POSSESSION OF CERTAIN REAL PROPERTY INTERESTS FOR MUNICIPAL PURPOSES FOR THE PLAZA BOULEVARD STREET WIDENING PROJECT (Nagraj, Inc.) (A Portion of Assessor's Parcel No. 557-410-19; 1700 East Plaza Boulevard) WHEREAS, the City of National City is a municipal corporation organized and existing under the laws of the State of California; and WHEREAS, the City Council of the City of National City on April 6, 2010 adopted Resolution No. 2010-59 authorizing the acquisition of certain real property by eminent domain for the Plaza Boulevard Street Widening Project; and WHEREAS, on or about June 29, 2010, the City filed its complaint in Eminent Domain in the San Diego County Superior Court, Case No. 2010-00077984-CU-EI-SC, titled City of National City v. Nagraj, Inc., et al. to acquire portions of Assessors Parcel No. 557-410- 19, therein alleged; and WHEREAS, the City now desires to effect an amendment to Resolution No. 2010-59 to more particularly describe the property and property interests to be acquired from the owners of Assessors Parcel No. 557-410-19; and WHEREAS, in connection with its municipal purposes, it appears necessary for the City of National City to acquire certain real property interests for right-of-way and street improvements designated as the Plaza Boulevard Street Widening Project (the "Project"); and WHEREAS, the public interest, convenience and necessity require the acquisition of the real property interests more particularly described and depicted in the attached legal descriptions, plats and drawings, referenced in Exhibits "A", "B", "C" and'°D", attached hereto, indicating the general location of the property to be acquired and depicting the property; and WHEREAS, said Project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and WHEREAS, said real property interests are necessary for the Project; and WHEREAS, the real property interests to be acquired for the Project are located entirely within the territorial limits of the City of National City; and WHEREAS, the City of National City is authorized to acquire said real property interests by eminent domain pursuant to the California Constitution, Article 1, Section 19; California Government Code Sections 37350.5, 38900, 39790, 39792, 40404; and 66410 et seq.; California Streets and Highways Code Sections 23, 5100, 5101, 5023 and 5023.1; and Califomia Code of Civil Procedure, Sections 1240.010, 1240.020, 1240.110, 1240.120 and 1255.410; !I Resolution No. 2011 — Novernber 15, 2011 Page Two WHEREAS, an offer to purchase the required interests in the real property necessary for the Project was made to the owner of record, Nagraj, Inc., pursuant to Government Code Section 7267.2, which offer has not been accepted; and WHEREAS, the City of National City finds and determines that its Notice of Intention to Adopt this Amended Resolution of Necessity was served on the owner of the subject real property and its attorneys of record, and on the date, time and place fixed for this hearing on the Amended resolution, this City Council did hear and consider all the evidence presented. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of National City, pursuant to the Code of Civil Procedure Sections 1240.030, 1245.230 and 1245.235, finds determines and hereby declares, by a vote of no Tess than two-thirds of its members, as follows: 1. That the above recitations are true and correct. 2. That the public interest, convenience and necessity of the City of National City and the inhabitants thereof require the improvements and appurtenances thereto in connection with the proposed public Project, named "Plaza Boulevard Street Widening Project". 3. That the improvements and appurtenances thereto to be constructed upon, over, under, along, and across the real property described and depicted in the attached Exhibits as now amended, have been planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 4. The real property and improvements sought to be acquired by this Resolution are necessary for the proposed Project. A copy of the legal descriptions as amended are attached as Exhibits "A", "B" and "C", and incorporated by reference. A map and Plat depicting the real property to be acquired is attached as Exhibit "D", and incorporated herein by reference. 5. That an offer, as required by Government Code Section 7267.2 was made to the owners of record of the properties to be acquired, and notice and opportunity to appear before the City Council as required by Section 1245.235 of California Code of Civil Procedure has been given to the owner(s) of record. The owner was provided notice of his hearing as well as of the amended resolution. The offer has been made in compliance with all requirements of the California Eminent Domain Law. 6. The City Council of the City of National City has reviewed and considered the accompanying supporting Staff Report recommending the condemnation of said property and the amendment of Resolution No. 2010-59, and has heard and considered all evidence including all oral and written evidence. A copy of the Staff Report for the City of National City and incorporated herein by this reference regarding the amended resolution has been made a part of the administrative record herein, Resolution No. 2011 — November 15, 2011 Page Three BE IT FURTHER RESOLVED that the Arnended legal description (Temporary Construction Easement) set forth herein is hereby adopted, accepted and approved for the acquisition of the property and supersedes the prior legal description set forth in Resolution No. 2010-59. In all other respects Resolution 2010-59, including the City Council's previous findings and determinations, remains the same, and said Resolution is incorporated herein as though fully set forth herein. BE IT FURTHER RESOLVED that there may be portions of said real property sought to be acquired which are appropriated to public uses; and the proposed use will not unreasonably interfere with or impair the continuance of the public use as they then exist or may reasonably be expected to exist in the future. That pursuant to Code of Civil Procedure section 1240.510, the City of National City is authorized to acquire said real property by eminent domain; that the City Attomey is hereby directed to obtain possession of the real property interests sought to be acquired as promptly as possible. PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 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 THEREOFJIO. 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 WESIERLY 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 UNE 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 QEING.ON THE SOUTHERLY UNE 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' ADISTANCE OF 151.41 FEET TO THE NORTHEAST CORNER OF SAID LAND, A RADIAL LINE TO. SAID POINT BEARS SOUTH. 3°5B'45' EAST (SOUTH 4°24'17'. EAST PER SAID DEED) 3_ THENCE LEAVING SAID NORTHERLY UNE ALONG THE EASTERLY LINE - OF .LAND PER SAID DEED SOUTH 17°41'4T. EAST 2.81 FEET TO THE BEGINNINGZ7F-ANON= RAD1CJS.CURVE-CONCAVE NORTHERLY, A RADIAL_ LINE TO SAID POINT BEARS SOUTH 4°4621" EAST; 4. THENCE LEAVING STUD EASTERLY LINE_ WESTERLY ALONG THE ARC. OF -$AID;CURVV THROUGH -A CENTRAL ANGLE OF 13°59'51' A DISTANCE or 149.56 FEET TO THE TRUE PDINT OF BEGINNING. AREAL.-- 0.01411GITEs,. MORE off LESS: - . EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-19 A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12.) months commencing on November 16, 2011 and terminating twelve (12) months later. The actual time to effect the construction on and use of the real • property during this 12 month time period shall not exceed thirty (30) days. Prior to the start of the actual construction a 30 day notice will be given to the owner(s) andoccupants of the real property. There will be no other physicalusage of the Temporary Construction Easement other than during the thirty (30) days of actual construction. At no time will there be equipment and/or materials staged and/or stored within the easement area. Said Temporary Construction Easement shall include the right to enter upon the property described in Exhibit "C" and Exhibit "D", attached hereto and made a part hereof and to perform all acts necessary for the construction of street improvement structures and appurtenant structures associated with the Plaza Boulevard Street Widening Project. Such acts shall further include. without limitation, construction and installing street improvements, driveway transitions, restriping of parking lots, drainage structures, utilities, retaining walls, slopes, landscaping, restoring and replacing private improvements located in and on said easement area described in Exhibit "C" and Exhibit"D". EXHIBIT "B" (Page 2) This easement shall further include the right of unobstructed ingress and egress from the street to the easement area described in Exhibit "C" and Exhibit "D", including the right to pass and repass over and along the easement, and to utilize tools, implements and other materials on the easement area and to utilize construction, automotive and other equipment thereon when necessary for the purposes of exercising the rights secured hereunder. Upon completion of the construction work, the City, and/or its contractors, employees, agents. or . representatives shall (a) remove from the Temporary Construction Easement -its and their construction equipment and materials and restore the easement area equal to the condition it was prior to the date and time of the commencement of the term of this easement. The restoration shall specifically include the repair/replacement of any landscaping, structures, fences, driveways, or other improvements on or in the easement area that belong to the owner(s) and that are or have been removed, damaged or destroyed by the City, and/or contractors, agents and employees. Impacted utilities and/or light standards will be protected in place/and/or relocated. The Temporary Construction Easement areais described in Exhibit "C" and Exhibit "D", attached hereto and hereby incorporated by reference and consists of approximately 0.039 Acres. Exhibit "C" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-19 THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF OF 89.00- ACRE -LOT 2 IN QUAR1 ER SECTION -129 OF RANCHO DttA unioN, IN THE CITY OF NATIONAL CITY, COUNTY OF-SAN DIEGO, STATE OF CALIFORNIA, • ACCORDING TO MAP THEREOF NO. 166, Fll R) 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 QF SURVEY imp NO: i7515 FILED IN THE OFFICE OF THECOUNTY RECORDER ON AUGUST 30, 2002'WHICH' BEARS SOUTh 17°35'27' EAST 28534 FEET FROM A BRASS- DISK STAMPED CPS.ACCCiRDING TO SAID RECORD OF SURVEY MAP• '. THENCE NORTH 89604'36* EAST 383.83 FEET TO A -POINT IN THE WESTERLY LINE OF LAND PER DEED RECORDED MARCH 13, 1998 AS DOCUMENT NO. 1998- 6131118O •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 trinfr-WtST, SAID POINT BEING THE TRUE. POINT :OF BEGINNING; 1. THENCE LEAVING.SAID WESTERLY LINE EASTERLY ALONG THE ARC OF SAID CURVE A CENTRAL ANGLE OF 13659'51A DISTANCE OF 149.56 FEET TO A PONT ON THE EASTERLY UNE OF LAND PER SAID DEED; " 2. THENCE ALONG SAIDSTERLY LINE SOUTH 17641'47' EAST (SOUTH urinr EAST PER SAID DEEDY 10211 FEET TO THE BEGINNING .OF A NON -TANGENT 622.20-FOOT RADIUS CURVE CONCAVE NORTHERLY, A -RADIALLINSAIIDOCiiNPEARS.SPITEDOEAST; nigNa LEAVING SAID EASTERLY UNE WESTERLY ALONG TUE ARC OF SAID CURVE THROUGH A 1::ENTRALANOLE OF 31021* A DISTANCE OF . fi..opi-:htr, • - ". • 4.- THENCt SOUTH 0.474.1* VEST 41)0 FEETTOTHE BEGINNING OFA NON- TANG.ENT :62010-FOOT RADIOS CURVE Cf314641/e-NORITIP-RLY, A RADIAL . LINE TO sAip: POINI; BEARS SOUTii intStrEAsT; - : • 5.- 1HENCE WESTERLY &ONO- Tit& ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF-4-6251)Ir'A DISTANCEOF 46.30-FEET: . 6. THENCE NORTH 9640'39 EAST 4.0$ FEET TO Ti-IE BEGINNING OF A NON - TANGENT 622_20-FOOT RADIUS CURVE CONCAVE NORTFIERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH, 00,'44'' WEST; 7. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5b59'39- A DISTANCE OF 63.46 FEET TO A POINT ON • THE WESTERLY LINE OF.LAND PER SAID DEEIi. • . . THENCE ktoNasAiti wsTERLY. LINE NORM 17o41'4r WEST 1110 FEET TO Tit TRUE POINT OF;DEGINNING. • , . • pagerof 2 . • Exhibit "C" (Page 2.) AREA = 0.039 ACRES, MORE OR LESS. MGM' RAG` I ` '�,' ROE 2764$ ' EXP-. a-31-10. Pile 2oi2 Exhibit "D" APN 557-410>19 CP6 y 4 1r P.O.BL�. CP5 3 i63 N 89.04'36" E, T.P.O.B. PERIL ACQ.1 AND JEE O p TABULATED : CURVE. DATA. CURVE DELTA RADIOS .LENGTH. .. 15E41' Cf 161)3'467 54d.00• CZ. t3'59.51' - 612:20' 149.56'. C. ' '3'30'277:. 622:2 - .. 38:09 - - CI' 4'25'08' '626: • .. 4.6.30' C5 $50.397 •-622.20' ... 63A PERIAANENT ACQU1SUP AREA = 0.014 ACRES. TDAPORARY txiHSTRUCTION EASE#1ENT AREA = 0.039 ACRES T,P O.B. TRUE POINT OF BEGINNING P.O.B. POINT 01 BEGINNING A CONTROL POINT PER ROS 17515 PLAZA BLVD. o 557-410-19 PDr . NW 114 DF W 1/2 DF f O ACHE LOT 2 IN nUARTER SEC- 120DF RHO. DE LA NACIDN ' MAP NO. 155 REvISED 9Y DATE: DRAM BY KA DAZE: i-16-08 NATIONAL one (21Eq(Efl BY: • VA DA1E:5-22-0B APAINEp; $Y DATE; FE4tANENT ACQU19111DN AtJ[1-1EI4PORARY _ 1.1551RUG)1oti EASa1Fi1T At'H. 567-410.19 NAGRM Df 140: DWG, KO.- 19 Mayor Ron Morrison Council Members Frank Parra Alejandro Sotelo-Solis Jess Van Deventer Rosalie Zarate NAT 1p S`c jal 4188 u..:•`0° Office of the City Attorney City Attorney 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. (Pleaserefer to the attached letter from theCity's acquisition agent, Jane L. Wiggans, SSA of the *iggans Group) ha the case of 18 of the 37 properties; acquisitions have been completed or are in escrow throuuli 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 -easemeuts through eminent domain proceedings. These steps include the holding of a hearing t-whiek he affectedproperty awnersmayappe u, 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 andaddress 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 919504361 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 forthe 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 Connell 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 nerecsary 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 GEORGE I RISER,- III City Attorney GHE/gnio 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 (1-805). 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 altemative 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 acquisitioncould 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 isconsidered 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. RESOLUTION NO. 2010 — 59 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY i }.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-- n Resolution No. 2010 — 59 April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of April, 2010. Ron Morrison, Mayor ATTEST: Michael R. Datla, Ciy Clerk APPROVED AS TO FORM: i George H. Eiser, Ill City Attorney Passed and adopted by the Council of the City of National City, California, on April 6, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-59 of the City of National City, California, passed and adopted by the Council of said City on April 6, 2010. Cit Clerk of the City f Nafional City, California By: Deputy 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, COUI'CTY 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°35'2T 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 UNE SOUTH 17°41'4T 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 UNE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°30'2T 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 UNE 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 "1.1 AREA = 0.039 ACRES, MORE OR LESS. MICKEY Et AGl,1R RCE 27648 EXP. 3-31-10 Page 2 of 2 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 j4O. 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°41'4T 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 :. AG EXP. 3-31,-10 I CP6 13 (3 4 1-1 J I N 10 CP5 N 89'04'36" k T.P.O.B.J J// PERM. ACQ. i y AND TCE o- r 2 EXP. 31 r t 10 EXHIBIT "B 101 i TABULATED CURVE DATA CURVE DELTA RADIUS LENGTH Cl 16'03'56' 540.00' 151.41' C2 13'59'51* 612.20' 149.56' C3 3-30'27' 622.20' 38.09' C4 4'25'08' 626.20'. 48.30' C5 550'39' 622.20' 63.46' IFGEND r///- /,1 T.P.O.B. P.0.8. PERMANENT ACQUISITION AREA = 0.014 ACRES TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA = 0.039 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER R0S 17515 PLAZA BLVD. CT -- S 04'40.21" E (R) o rn LAND PER DEED REC. 3/13/98 AS DOC. NO. 1998-0138180 O.R. 557-410-19 POR. NW 1/4 OF IN 1/2 OF 80 ACRE LOT 2 IN QUARTER SEC, 120.OF RHO.. DE' ► A NACION MAP No. 158 REVISER BY: DAZE: DRAWN DY: KA DATE: 4-16-08 NATIONAL CIri SCALE _ CHECKED BY: MA DATE: 5-22-08 APPROVED BY: DATE PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-410-19 NAGRAJ INC. DOC. NO. ONG.. N0. RESOLUTION NO. 2011 RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NO. 2010-59 ADOPTED ON APRIL 6, 2010, AND FINDING AND DECLARING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND POSSESSION OF CERTAIN REAL PROPERTY INTERESTS FOR MUNICIPAL PURPOSES FOR THE PLAZA BOULEVARD STREET WIDENING PROJECT (Nagraj, Inc.) (A Portion of Assessor's Parcel No. 557-410-19; 1700 East Plaza Boulevard) WHEREAS, the City of National City is a municipal corporation organized and existing under the laws of the State of California; and WHEREAS, the City Council of the City of National City on April 6, 2010 adopted Resolution No. 2010-59 authorizing the acquisition of certain real property by eminent domain for the Plaza Boulevard Street Widening Project; and WHEREAS, on or about June 29, 2010, the City filed its complaint in Eminent Domain in the San Diego County Superior Court, Case No. 2010-00077984-CU-EI-SC, titled City of National City v. Nagraj, Inc., et al. to acquire portions of Assessors Parcel No. 557-410- 19, therein alleged; and WHEREAS, the City now desires to effect an amendment to Resolution No. 2010-59 to more particularly describe the property and property interests to be acquired from the owners of Assessors Parcel No. 557-410-19; and WHEREAS, in connection with its municipal purposes, it appears necessary for the City of National City to acquire certain real property interests for right-of-way and street improvements designated as the Plaza Boulevard Street Widening Project (the "Project"); and WHEREAS, the public interest, convenience and necessity require the acquisition of the real property interests more particularly described and depicted in the attached legal descriptions, plats and drawings, referenced in Exhibits "A", "B", "C" and "D", attached hereto, indicating the general location of the property to be acquired and depicting the property; and WHEREAS, said Project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and WHEREAS, said real property interests are necessary for the Project; and WHEREAS, the real property interests to be acquired for the Project are located entirely within the territorial limits of the City of National City; and WHEREAS, the City of National City is authorized to acquire said real property interests by eminent domain pursuant to the California Constitution, Article 1, Section 19; California Government Code Sections 37350.5, 38900, 39790, 39792, 40404; and 66410 et seq.; California Streets and Highways Code Sections 23, 5100, 5101, 5023 and 5023.1; and California Code of Civil Procedure, Sections 1240.010, 1240.020, 1240.110, 1240.120 and 1255.410; Resolution No. 2011 — November 15, 2011 Page Two WHEREAS, an offer to purchase the required interests in the real property necessary for the Project was made to the owner of record, Nagraj, Inc., pursuant to Government Code Section 7267.2, which offer has not been accepted; and WHEREAS, the City of National City finds and determines that its Notice of Intention to Adopt this Amended Resolution of Necessity was served on the owner of the subject real property and its attorneys of record, and on the date, time and place fixed for this hearing on the Amended resolution, this City Council did hear and consider all the evidence presented. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of National City, pursuant to the Code of Civil Procedure Sections 1240.030, 1245.230 and 1245.235, finds determines and hereby declares, by a vote of no less than two-thirds of its members, as follows: 1. That the above recitations are true and correct. 2. That the public interest, convenience and necessity of the City of National City and the inhabitants thereof require the improvements and appurtenances thereto in connection with the proposed public Project, named "Plaza Boulevard Street Widening Project". 3. That the improvements and appurtenances thereto to be constructed upon, over, under, along, and across the real property described and depicted in the attached Exhibits as now amended, have been planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 4. The real property and improvements sought to be acquired by this Resolution are necessary for the proposed Project. A copy of the legal descriptions as amended are attached as Exhibits "A", "B" and "C", and incorporated by reference. A map and Plat depicting the real property to be acquired is attached as Exhibit "D", and incorporated herein by reference. 5. That an offer, as required by Government Code Section 7267.2 was made to the owners of record of the properties to be acquired, and notice and opportunity to appear before the City Council as required by Section 1245.235 of Califomia Code of Civil Procedure has been given to the owner(s) of record. The owner was provided notice of his hearing as well as of the amended resolution. The offer has been made in compliance with all requirements of the California Eminent Domain Law. 6. The City Council of the City of National City has reviewed and considered the accompanying supporting Staff Report recommending the condemnation of said property and the amendment of Resolution No. 2010-59, and has heard and considered all evidence including all oral and written evidence. A copy of the Staff Report for the City of National City and incorporated herein by this reference regarding the amended resolution has been made a part of the administrative record herein, Resolution No. 2011 — November 15, 2011 Page Three BE IT FURTHER RESOLVED that the Amended legal description (Temporary Construction Easement) set forth herein is hereby adopted, accepted and approved for the acquisition of the property and supersedes the prior legal description set forth in Resolution No. 2010-59. In all other respects Resolution 2010-59, including the City Council's previous findings and determinations, remains the same, and said Resolution is incorporated herein as though fully set forth herein. BE IT FURTHER RESOLVED that there may be portions of said real property sought to be acquired which are appropriated to public uses; and the proposed use will not unreasonably interfere with or impair the continuance of the public use as they then exist or may reasonably be expected to exist in the future. That pursuant to Code of Civil Procedure section 1240.510, the City of National City is authorized to acquire said real property by eminent domain; that the City Attorney is hereby directed to obtain possession of the real property interests sought to be acquired as promptly as possible. PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 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 PO. 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°41'4T 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 I3EING.ON THE SOUTHERLY UNE 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 UNE ALONG THE EASTERLY LINE OF LAND PER SAID DEED SOUTH 17°41'47 EAST 2.81 FEET TO THE BEGINNING O7= A NON-TANGENT-612-20 FOOTRAD1US'-CTJRVEiCONCAVE NORTHERLY; A RADIAL LINE TO SAID POINT BEARS SOUTH 4°4021" EAST: 4. THENCE LEAVING SAID EASTERLY UNE WESTERLY ALONG THE ARC. OF $AID. 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 13. AG EXP: 3-31-10 EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-19 A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months commencing on November 16, 2011 and terminatii ig twelve (12) months later. The actual time to effect the construction on and use of the real property during this 12 month time period shall not exceed thirty (30) days. Prior to the start of the actual construction a 30 day notice will be given to the owner(s) and occupants of the real property. There will be no other physical usage of the Temporary Construction Easement other than during the thirty (30) days of actual construction. At no time will there be equipment and/or materials staged and/or stored within the easement area. Said Temporary Construction Easement shall include the right to enter upon the property described in Exhibit "C" and Exhibit "D", attached hereto and made a part hereof and to perform all acts necessary for the construction of street improvement structures and appurtenant structures associated with the Plaza Boulevard Street Widening Project. Such acts shall further include without limitation, construction and installing street improvements, driveway transitions, restriping of parking Tots, drainage structures, utilities, retaining walls, slopes, landscaping, restoring and replacing private improvements located in and on said easement area described in Exhibit "C" and Exhibit "D". EXHIBIT "B" (Page 2) This easement shall further include the right of unobstructed ingress and egress from the street to the easement area described in Exhibit "C" and Exhibit "D", including the right to pass and repass over and along the easement, and to utilize tools, implements and other materials on the easement area and to utilize construction, automotive and other equipment thereon when necessary for the purposes of exercising the rights secured hereunder. Upon completion of the construction work, the City, and/or its contractors, employees, agents or representatives shall (a) remove from the Temporary Construction Easement its and their construction equipment and materials and restore the easement area equal to the condition it was prior to the date and time of the commencement of the term of this easement. The restoration shall specifically include the repair/replacement of any landscaping, structures, fences, driveways, or other improvements on or in the easement area that belong to the owner(s) and that are or have been removed, damaged or destroyed by the City, and/or contractors, agents and employees. Impacted utilities and/or Tight standards will be protected in place/and/or relocated. The Temporary Construction Easement area is described in Exhibit "C" and Exhibit "D", attached hereto and hereby incorporated by reference and consists of approximately 0.039 Acres. Exhibit "C" 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 DELAI1ACION, IN THE CITY OF NATIONAL CITY, COUNTY OP SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, Fit Ff) 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. 175.15 FILED IN. THE OFFICE OF THE -COUNTY RECORDER ON AUGUST 30, 2002' WHICH' BEARS SOUTH 17235'27' 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, 1993AS DOCUMENT NO. 1998-. 0133180 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-TOSAID 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 3$_09 FEET; - 4.- TFIENCE SOUTH 0°49'41' WEST 4.00 FEET TO THE BEGINNING OF A NON- TANG.ENT 626.20-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO $AI4;P0(NT BEARS SOUTH 1°21'50' EAST; - 5.:MENCE WESTERLY ALONG• THE. ARC OF SAID CURVE THROUGH A. CENTRAL ANGLE OF-4°25'08' A DISTANCE_ OF 48.301-tt 7 ; - S. 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 SOUTH3°09'44' WEST;, 7. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH .A CENTRAL ANGLE OF 5°50'39" A DISTANCE OF 83.4.6 FEET TO A POINT ON THE WESTERLY LINE OF LAND PERSAD DEEP; 8. THENCE ALONG SAID WESTERLY LINE NORTH 171'41'47` WEST 11.20 FEET TO THE TRUE POINT OFBEGINNING. . fag ei..of2 Exhibit "C" . (Page 2) AREA = 0.939 ACRES, MORE OR LESS. MICKEY B AG EXP. 3-31-10- Pa9e 2 of 2 Exhibit "D" APN 557-410-19 CP6 1 (. Q i� Ii J• ' 1ll,�s; IN 111; \i P.o.Bg CPS 383.63'-" N 89.04.36" E T.P.O.B.-J PERM: ACQ.V AND :TCE TAE3BLA1ED CURE DATA CURVE DELTA RADIUS LENGTH C1 16'03'56' 540.00' _ 151:41• C2. 13'59'51' 612:20' 140.56'. C3 3'30'27' 622:20' 38:09' G 4'25.08' 626-20' . 48.30' C5 5.50'39' 622.20' 63.46' LEGEND T.P,O.B. P.O.B. A PLAZA BLVD. C1 PERMANENT ACC4.11SIMON AREA = 0.014 ACRES. TEMPORARY CONSTRUCTION EASEMENT (ICE)_ AREA = 0.030 ACRES 1RUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 LAND PER DEED REC. 3/13/9B AS DOC. NO. 1998-013E188 Q.R. S 04'40'21" E (R) o f1 m, 557-410-19 PON, NW 1/4 Or W 1/2 Or BD ACHE LO7 2 IN &lJAWfER SEC. 120 Or RHO. DE LA NACION " MAP No. 166 REVISED BY: DATE: DRAWN OY: KA DATE:"4-16-DB NATIONAL CITY SCALE CHECKED BY: MA AE'PROVED DY DATE_ 5-22-09 DATE: PERMANENT.ACQUISTRON AND TEMPORARY CONSTRUCTION EASEMENT APN•557-410=19 NAGRA.1 DOC. NO: DWG NO_ CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15, 2011 AGENDA ITEM NO. 21 M TITLE: Resolution of the City of National City amending Resolution No. 2010-70, adopted on April 6, 2010, and finding and declaring the public interest and necessity for acquiring and authorizing condemnation and possession of certain real property interests for municipal purposes for the Plaza Boulevard Street Widening Project (Todd AI-Bayati & Samiya Abdul Sattar Kaddory) (A portion of Assessor's Parcel No. 557-420-30; East Plaza Boulevard) PREPARED BY: George H. Eiser, IIIA�T/ PHONE: Ext. 4221 77 EXPLANATION: DEPARTMENT: City Attorney APPROVED BY: Please see attached Report to City Council. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: Mitigated Negative Declaration adopted December 20, 2005. Finding of No Significant Impact approved June 22, 2006. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: • Report to City Council • Notice of Intent to Amend Previously —Adopted Resolution of Necessity • Proposed Resolution • Memorandum from City Attorney to Mayor and City Council dated March 24, 2010 • Project Description • Resolution No. 2010-70 Report to City the City Council MEETING DATE: November 15, 2011 SUBJECT: Amendment of Resolution of Necessity Nos. 2010-59, 2010-70, and 2010- 71 for Acquisition of Right of Way for Plaza Boulevard Street Widening Project • Nagraj, Inc. (1700 East Plaza Blvd., APN 557-410-19) • Todd Al-Bayati/Samiya Abdul Sattar Kaddory (East Plaza Blvd., APN 557-420-30) • Artemio P. Puedan/Flora O. Puedan (1736-1740 East Plaza Blvd., APN 557-410-05) Recommendation Adopt the attached Resolutions amending previously -adopted Resolutions of Necessity authorizing and directing the appropriate actions to be taken to acquire the necessary property rights, and obtain possession at the earliest possible dates, for the Plaza Boulevard Street Widening Project. Background The improvement project (Exhibit "A" Vicinity Map, attached hereto) will widen approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project. The Project will improve vehicle circulation and lessen traffic safety concerns. On April 6, 2010 the City Council held a public hearing and thereafter adopted Resolutions of Necessity, Resolution Nos. 2010-59, 2010-70, and 2010-71, in which the City Council made the findings required by law in order to authorize the commencement of eminent domain proceedings. Said resolutions authorized the filing of Complaints in Eminent Domain for the City's acquisition of strips of right of way and temporary construction easements on Assessor Parcel Nos. 557-410-19, 557-420-30,.and 557-410- 05 from Nagraj, Inc., Todd Al-Bayati/Samiya Abdul Sattar Kaddory, and Artemio P. Puedan/Flora O. Puedan, respectively, the record property owners. The legal descriptions and plats of the proposed acquisitions were included in Resolution Nos. 2010-59, 2010 70, and 2010-71. Pursuant to said Resolutions, Complaints in Eminent Domain were filed in superior court. on July 29, 2010. Answers were filed in the court actions by the attorney representing the property owners and lessees. A mediation conference was conducted on August 18, but unfortunately, the mediation did not result in the matters being resolved. NOTICE OF INTENT TO AMEND PREVIOUSLY —ADOPTED RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) DATE: October 31, 2011 TO: Todd A1-Bayati Samiya Abdul Sattar Kaddory 11917 Corona Vis El Cajon, CA 92019-4262 PROJECT: LOCATION: APN: VESTING: Anthony Nash, Esq. Luce Forward Hamilton & Scripps, LLP 660 West Broadway, Suite 2600 San Diego, CA 92101 Plaza Boulevard Street Widening Project East Plaza Boulevard, National City, CA 91950 557-420-30 Todd Al-Bayati and 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 necessary require the project. (b) (c) 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. You are hereby notified that on November 15, 2011, at 6:00 p.m., in the Council Chambers at City Hall, 1243 National City Boulevard, National City, the City Council of the City of National City will meet to decide if the above conditions are met concerning your property, and if the conditions are met, to adopt an Amended 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. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4380 Fax: (619) 336.4397 n The proposed resolution, if adopted, will approve the amendment of a previously -approved Resolution of Necessity to authorize the City of National City to acquire the property by eminent domain. Descriptions of the required property are attached to this Notice as Exhibit "A" and Exhibit "B". The proposed public use for this property 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 will be entitled to appear and object to the adoption of the proposed resolution. Objections are limited to the four conditions listed above. All requests to appear must be sent for filing to: Michael Dalta City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 Your written request must be on file within the 15-day period. Failure to file a written request will result in a waiver of your right 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). By designating which condition(s) forms the basis of your concerns, and why, you will enable the City Council to conduct a full and expeditious review 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. If you have any questions, please call the undersigned at (619) 336-4380. CITY OF NATIONAL CITY v aryam Babaki,l1. Development Services Director/City Engineer October 31, 2011 2 Notice of Intent Plaza Blvd Street Widening Project 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-LINEALSO 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 PEST TO A POINT IN SAID NORTHERLY UNE. 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 OP BEGINNING. - EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 557-420-30 A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement fora period of twelve (12) months commencing on November 16, 2011 and terminating twelve (12) months later. The actual time to effect the construction on and use of the real property during this 12 month time period shall not exceed thirty (30) days. Prior to the start of the actual construction a 30 day notice will be given to the owner(s) and occupants of the real property. There will be no other physical usage of the Temporary Construction Easement other than during the thirty (30) days of actual construction. At no time will there be equipment and/or materials staged and/or stored within the easement area. Said Temporary Construction Easement shall include the right to enter upon the property described in Exhibit "C" and Exhibit "D" attached hereto and made a part hereof and to perform all acts necessary for the construction of street improvement structures and appurtenant structures associated with the Plaza Boulevard Street Widening Project. Such acts shall further include without limitation, construction and installing street improvements, driveway transitions, restriping of parking Tots, drainage structures, utilities, retaining walls, slopes, landscaping, restoring and replacing private improvements located in and on said easement area described in Exhibit "C" and Exhibit "D".. EXHIBIT "B" (page 2) This easement shall further include. the right of unobstructed ingress and egress from the street to the easement area described in Exhibit "C" and Exhibit "D", including the right to pass and repass over and along the easement, and to utilize tools, implements and other materials on the easement area and to utilize construction, automotive and other equipment thereon when necessary for the purposes of exercising the rights secured hereunder. Upon completion of the construction work, the City, and/or its contractors, employees, agents or representatives shall (a) remove from the Temporary Construction Easement its and their construction equipment and materials and restore the easement area equal to the condition it was prior to the date and time of the commencement of the term of this easement. The restoration shall specifically include the repair/replacement of any landscaping, structures, fences, driveways, or other improvements on or in the easement area that belong to the owner(s) and that are or have been removed, damaged or destroyed by the City, and/or contractors, agents and employees. Impacted utilities and/or Tight standards will be protected in place/and/or relocated. The Temporary Construction Easement area is described in Exhibit "C" and Exhibit "D" attached hereto and hereby incorporated by reference and consists of approximately 923 square feet, more or less. Exhibit "Cr 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 COUNTYRECORDER OF SAN DIEGO COUNTY ON JANUARY 13, 1977 AS FILE Na 77-014262 OFOFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED GP4 ACCORDING TO RECORD -OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30,.2002 WHICH BEARS SOUTH 65°12'4.1` WEST 16$9:05.FEET FROM A BRASS DISK STAMPED CP3 ACCORDING TO SAID RECORD QF• 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 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 UNE' OF SAID PARCEL 2 SOUTH 17°45'13" EAST 13.11 FEET;. . 3. THENCE LEAVING SAID EASTERLY UNE SOUTH 76°30'26' WEST 37.31 FEET' 4_ THENCE NORTH 16°27'25' WEST 5.01 FEET; 5: THENCE SOUTH 76°3026` WEST 90.18 FEET TO THE.WESTERLY LINE OF SAID PARCEL 2; • 6,-THENCE`ALONG SA D WESTE iL-YUNE-NORTH 17°2-157 WEST 4.04-FEET— TO THE NORTHWEST CORNER THEREOF T. THENCE ALONG. THE NORTHERLY UNE OF. -SAID PARCEL 2 NORTH . 74°41106'•EAST 95,14.FEET; • - " 8. THENCE LEAVING SAID .NORTHERLY LINE SOUTH 16°2T25J EAST 2.06 9: `i}{ENOE NORTH76°30'26' EAST 15 00 FEET; 10. C ICE• flORTH 16°2T25" WEST 2.54' FEET TOTHE TJUE POINT OF AREA = 923 SQ,FT., MORE OR -LESS. ' 111GiCEY Q. AG EXP: 3 3i-i4 1iXhlbit "ll" APN 557-420-30.. T.P:O_B:= PERIL -ACQ. AND TCE DETAIL NOT TO SCALE H ss Ats69 �39 b3' T.P:QB 03+ / PERM. ACQ. 39 T :AND TCE r2 SEE DETAIL 1i�IS SHEET 3 1/71. AS FILE NO: 46267 O.R. POR, NW 1/4 of: VI -I/2 OF 80 AGE;{ LOT 2 IN +U F7rPt BEC. 129 Or RHO. PE LA NACION MAP NO. 166 PERMANSIT : ACAUISMOti AREA =' 34 WARE FEEL TETdPORARY CONSTRUCTION EASEMENT OW AREA = 923 SQUARE Ftt1 TRUE POINT OF -BEGINNING. P.O.B. POINT OF BEGINNING A CONTROL POINT. PER.RDS.175i5. TABULATED_ LINE DATA LINE BEARING . LENGTH. LI S 16'27'25' E 254' L2 $ 76'30'26' W 15.00' LU . , N 1671''25! W:.. 2.06.' .. L4 N:74741.067 E. 1498'' L5. : N -74741'.06' E. . `16:99' • EV15ED BY: DA1E RAYfii. Bx . KA Ion :BY:. MA 4A*4-28-04 AlliE 4=26--00 NATION[ SCALE ..1 RPROVE6 BY: F.titALIENT. ACt 1l R101l , : AND. TEMPORARY.CONSTROCTtON EASEUENT • APN 557: 420-30 ODD AL—BAYATI. AND SAMIYA.ABDUL SATTAR KAODORY. OOC: NO. OWG: NO. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NO. 2010-70 ADOPTED ON APRIL 6, 2010, AND FINDING AND DECLARING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND POSSESSION OF CERTAIN REAL PROPERTY INTERESTS FOR MUNICIPAL PURPOSES FOR THE PLAZA BOULEVARD STREET WIDENING PROJECT (Todd AI-Bayati and Samiya Abdul Sattar Kaddory) (A Portion of Assessor's Parcel No. 557-420-30; East Plaza Boulevard) WHEREAS, the City of National City is a municipal corporation organized and existing under the laws of the State of California; and WHEREAS, on April 6, 2010, the City Council of the City of National City adopted Resolution No. 2010-70, authorizing the acquisition of certain real property by eminent domain for the Plaza Boulevard Street Widening Project; and WHEREAS, on or about June 29, 2010, the City filed its complaint in Eminent Domain in the San Diego County Superior Court, Case No. 37-2010-00078027-CU-EI SC, titled City of National City v. Todd AI-Bayati and Samiya Abdul Sattar Kaddory, et al. to acquire portions of Assessors Parcel No. 557-420-30 therein alleged; and WHEREAS, the City now desires to effect an amendment to Resolution No. 2010-70 to more particularly describe the property and property interests to be acquired from the owners of Assessors Parcel No. 557-420-30; and WHEREAS, in connection with its municipal purposes it appears necessary for the City of National City to acquire certain real property interests for right-of-way and street improvements designated as the Plaza Boulevard Street Widening Project (the "Project"); and WHEREAS, the public interest, convenience and necessity require the acquisition of the real property interests more particularly described and depicted in the attached legal descriptions, plats and drawings, referenced in Exhibits "A", "B", "C" and "D", and attached hereto, indicating the general location of the property to be acquired and depicting the property; and WHEREAS, said Project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and WHEREAS, said real property interests are necessary for the Project; and WHEREAS, the real property interests to be acquired for the Project are located entirely within the territorial limits of the City of National City; and WHEREAS, the City of National City is authorized to acquire said real property interests by eminent domain pursuant to the California Constitution, Article 1, Section 19; California Government Code Sections 37350.5, 38900, 39790, 39792, 40404; and 66410 et seq.; California Streets and Highways Code Sections 23, 5100, 5101, 5023 and 5023.1; and California Code of Civil Procedure Sections 1240.010, 1240.020, 1240.110, 1240.120 and 1255.410; and Resolution No. 2011 — November 15, 2011 Page Two WHEREAS, an offer to purchase the required interests in the real property necessary for the Project was made to the owners of record, Todd AI-Bayati and Samiya Abdul Sattar Kaddory, pursuant to Government Code Section 7267.2 of the California, which offer has not been accepted; and WHEREAS, the City of National City finds and determines that its .Notice of Intention to Adopt this Amended Resolution of Necessity was served on the owners of the subject real property and their attorneys of record, and on the date, time and place fixed for this hearing on the Amended resolution, this City Council did hear and consider all the evidence presented. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of National City pursuant to the Code of Civil Procedure, Sections 1240.030, 1245.230 and 1245.235, finds, determines and hereby declares, by a vote of no less than two-thirds of its members, as follows: 1. That the above recitations are true and correct. 2. That the public interest, convenience and necessity of the City of National City and the inhabitants thereof require the improvements and appurtenances thereto in connection with the proposed public Project, named "Plaza Boulevard Street Widening Project" 3. That the improvements and appurtenancesthereto to be constructed upon, over, under, along, and across the real property described and depicted in the attached Exhibits as now amended, have been planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 4. The real property and improvements sought to be acquired by this Resolution are necessary for the proposed Project. A copy of the legal descriptions as amended are attached as Exhibits "A", "B" and "C", and incorporated herein by this reference. A map and Plat depicting ' the real property to be acquired is attached as Exhibit "D", and incorporated herein. 5. That an offer, as required by Government Code Section 7267.2, was made to the owners of record of the properties to be acquired, and notice and opportunity to appear before the City Council as required by Section 1245.235 of California Code of Civil Procedure has been given to the owner(s) of record. The owners were provided notice of his hearing as well as of the amended resolution. The offer has been made in compliance with all requirements of the California Eminent Domain Law. 6. The City Council of the City of National City has reviewed and considered the accompanying supporting Staff Report recommending the condemnation of said property and the amendment of the Resolution No. 20 10-70, and has heard and considered all evidence including all oral and written evidence. A copy of the Staff Report for the City of National City and incorporated herein by this reference regarding the amended resolution has been made a part of the administrative record herein. Resolution No. 2011 — November 15, 2011 Page Three BE IT FURTHER RESOLVED that the Amended legal description (Temporary Construction Easement) set forth herein is hereby adopted, accepted, and approved for the acquisition of the property and supersedes the prior legal description set forth in Resolution No. 2010-70. In all other respects Resolution 2010-70, including the City Council's previous findings and determinations, remains the same, and said Resolution is incorporated herein as though fully set forth herein. BE IT FURTHER RESOLVED that there may be portions of said real property sought to be acquired which are appropriated to public uses; that the proposed use will not unreasonably interfere with or impair the continuance of the public use as they then exist or may reasonably be expected to exist in the future; that pursuant to Code of Civil Procedure section 1240.5`10, the City of National City is authorized to acquire said real property by eminent domain; and that the City Attorney is hereby directed to obtain possession of the real property interests sought to be acquired as promptly as possible. PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 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. 774)14262 OF OFFICIAL RCORDS, MORE PARTICULARLY . DESCRIBED AS FOLLOWS: • BEGINNING AT A BRASS DISK STAMPED. -CPO ACCORDING TO RECORD QF SURVEY'MAP 'NO. 1/515 FILED IN THE OFFICE OF THE RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH;65°12'41' WEST 1089.05 FEET FROM A - BRASS. DISK' STAMPED CP3 ACCORDING TQ 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 OFB€GINNING; 1. THENCE LEAVING SAID NORTHERLY LINE SOUTH 16°27'25" EAST 2:54 FEET; 2. THENCE SOUTH 76°3026" WEST 15.00 FEET; 3_ THENCE - NORTH 16°27'25 WEST 2:06 FEET - TO A POINT IN SAID. NORTHER] Y LINE; . 4. THENCE ALONG .SAID NORTHERLY UNE .NORTH74°41'06` EAST (NORTH 1 73°43.06i EAST PER SAID PARCEL MAP) 14.98.FEET TO THE:TRUE.POINT OF BEGINNING. ' MICKEY B: A EXP. 3-31-1Q. ;. EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 557-420-30 A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months commencing on November 16, 2011 and terminating twelve (12) months later. The actual time to effect the construction on and use of the real property during this 12 month time period shall not exceed thirty (30). days. Prior to the start of the actual construction a 30 day notice will be given to the owner(s) and occupants of the real property. There will be no other physical usage of the Temporary Construction Easement other than during the thirty (30) days of actual construction. At no time will there be equipment and/or materials staged and/or stored within the easement area. Said Temporary Construction Easement shallinclude the right to enter upon the property described in Exhibit "C" and Exhibit "D" attached hereto and made a part hereof and to perform all.acts necessary for the construction of street improvement structures and appurtenant structures associated with the Plaza Boulevard Street Widening Project. Such acts shall further include without limitation, construction and installing street improvements, driveway transitions, restriping of parking lots, drainage structures, utilities, retaining walls, slopes, landscaping, restoring and replacing private improvements located in and on said easement area described in Exhibit "C" and Exhibit "D".. EXHIBIT "B" (page 2)1 This easement shall further include. the right of unobstructed ingress and egress from the street to the easement area described in Exhibit "C" and Exhibit "D", including the right to pass and repass over and along the easement, and to utilize tools, implements and other materials on the easement area and to utilize construction, automotive and other equipment thereon when necessary for the purposes of exercising the rights secured hereunder. Upon completion of the construction work, the City, and/or its contractors, employees, agents or representatives shall (a) remove from the Temporary Construction Easement its and their construction equipment and materials and restore the easement area equal to the condition it was prior to the date and time of the commencement of the term of this easement. The restoration shall specifically include the repair/replacement of any landscaping, structures, fences, driveways, or other improvements on or in the easement area that belong to the owner(s) and that are or have been removed, damaged or destroyed by the City, and/or contractors, agents and employees. Impacted utilities and/or light standards will be protected in place/and/or relocated. The Temporary Construction Easement area is described in Exhibit "C" and Exhibit "D" attached hereto and hereby incorporated by reference and consists of approximately 923 square feet, more or less. Exhibit ``C—„ TEMPORARY CONSTRUCTION EASEMENT APN 557420-30 THAT PORTION OF PARCEL NO. 2 OF PARCEL MAP. NO. 5478, IN THE CITY OF NATIONAL•C(TY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE 'OFFICE OF THE OOUNTYRECORDER 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 10139:05.1-tE I 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°27'255" WEST 5.01 FEET; 5: THC ICE SOUTH 76°3026' WEST 98.18 FEET TQ THE.WI=STERLY LINE OF SAID PARCEL2;- . 6 k1ENCE ALONG AJD-W€STEI:iLY-LINE- TORTE-1-7-°�1 ? 4.04--F-EET TO THE NORTHWEST CORNER. TEREOF; • T. THENCE ALONG. THE NORTHERLY UHE OF SAID PARCEL 2 NORTH . 74"41'06'.EAST 955,14•FEEC; 8. MENGE LE4VING SAID•NORTI ERLY LINE SOUTH 16°27'25' EAST 2.06 9 #ENOE NORTH 76°30E6' EAST 15 00 FEET; • . • :NORTH° 1S°2T2 ' WEST 254'. FEETTO' THE -TOE POINT IJF GINNING:, • AREA = 923`SQ. FT.. MORE OI3'.LESS. N►leic>:"Y I . AG EXP. 34110 bxnibit "ix APN 557-420-30 La PERIL -AEQ: P AND ICE z Lc4 PDf, NW 1/4 d1; \N 1/2 DF 30 AcRE LOT 2 IN GUARTETI VA of, RHo. P8 LA MAMA MAP No, 166 :4 AMA ; 34. SQUAEIE FEET 1EIIPORARY CONSTRUCTION EASEMENT (ILI) AREA = 923 SQUARE FEET T,P.O.B_ TRUE POINT OF,: BEGINNING. PAP. POINT OF.BEGINNING CONTROL POINT PER RUS'.175. N 86; T.P:O,B. l` lyAND T PRTAC4 SEE DETAIL *us SHEET cn TABULATED: UNE DATA UNE REARING. . LEN.GTN LI S 1621.25' E 2.54' C2 S 76`30`26' W . 1.5.00. jS- N.16`2r25"W ;. 2.06.'.. L4 `. 14:74406" E 14:98' L5: : N `7411'0¢".:£. 16:99' • CP3 kA1!d1 . .K4 • P200 BY: SCALE • Oki i1E:4-it.:-• 09 PE3tll}t1: f�tl1IS4110M; pop. Nno.AaE:4 28=0Q AND- TET,iPORARY 60NNS'U1Oe11(itt EASat.ENT ARJT 557=420 3D QWG: NO. • . TO.DD AL—BAYAil. AND S J YA kBDUL -S:ATTAR KADOORY_ _ . Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate eftlr iM8 8 1 Office of the Gity Attorney City Attorney _ George H. Eiser, III Senior Assistant City Attorney Claudia Ganglia 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 dffe.etedproperty owners•rrmay-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 writtenrequest 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 Connell 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•andthe City for the negotiated purchase of the property. GEORGE It EISER III City Attorney GHE/grno • Ponn 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 (1-805). 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 Firmand 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. RESOLUTION NO. 2010 - 70 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-BAYATIISAMIYA 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 -- Resolution No. 2010 — 70 April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of Apt, 2010. ATTEST: Mich el R. Della, Ci Clerk APPROVED AS TO FORM: George H. Eiserrr,, Ill City Attorney on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on April 6, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: . None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, Califomia By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-70 of the City of National City, California, passed and adopted by the Council of said City on April 6, 2010. fZd1J kofthe City City of National City, California By: Deputy ATT.:Q[MENT 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'D6" 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 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 tN 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 UNE 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 UNE 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 UNE SOUTH 16°27'25" EAST 2.06 FEET; 9. THENCE NORTH-76°30.'26"-04ST 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. AG EXP. 3-31-10 W T.P.O.B. PERM. ACQ: AND TCE L.4 122 DETAIL NOT TO SCALE EXHIBIT "B" 0,3 B.. : 66 .. PERMACQ AND TCE THIS SHEET T.P.O.B. • �9' 9O3. 91` SEE DETAIL ' S 16.3o 26+ W , HIGHWAY SLOPE. EASEMENT REC. 3/11 /71 AS FILE NO. 46267 O.R. PON, NW 114 OF W 1/2 Dr 30 nCRE LOT 2 IN QJART_P:R G C. 179 OF RHO DE LA NAGION MAP No, 155 LEGEND l.L / / 7_, T.P.O.B. P.O.B. A 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 N ?Oat\ CP3 �5 h 5 �089 i P.0.8. CP4 TABULATED LINE DATA LINE BEARING LENGTH L1 S 1627'25" E 2.54' L2 S 76'30'26" W 15.00' L3 N 16'27'25" W 206' L4 N 74'41'06" E 14.98' L5 N 74'41:06* E 16.99' 78. rr� PAR, 1 EASED BY: DATE: RAM BY; KA DA1E:4-28-09 NA1I0NAL CITY: SCALE = 40' NECKED BY: MA DATE: 4-28-09 ,PPROWD BY: DATE: PERMANENT ACQUISITION AND TEMPORARY CONSTRUCTION EASEMENT APN 557-420-30 TODD AL-BAYATI AND SAMIYA ABDUL SATTAR KADDORY DOC. NO. DWG. NO. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NO. 2010-70 ADOPTED ON APRIL 6, 2010, AND FINDING AND DECLARING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND POSSESSION OF CERTAIN REAL PROPERTY INTERESTS FOR MUNICIPAL PURPOSES FOR THE PLAZA BOULEVARD STREET WIDENING PROJECT (Todd AI-Bayati and Samiya Abdul Sattar Kaddory) (A Portion of Assessor's Parcel No. 557-420-30; East Plaza Boulevard) WHEREAS, the City of National City is a municipal corporation organized and existing under the laws of the State of California; and WHEREAS, on April 6, 2010, the City Council of the City of National City adopted Resolution No. 2010-70, authorizing the acquisition of certain real property by eminent domain for the Plaza Boulevard Street Widening Project; and WHEREAS, on or about June 29, 2010, the City filed its complaint in Eminent Domain in the San Diego County Superior Court, Case No. 37-2010-00078027-CU-EI SC, titled City of National City v. Todd AI-Bayati and Samiya Abdul Sattar Kaddory, et al. to acquire portions of Assessors Parcel No. 557-420-30 therein alleged; and WHEREAS, the City now desires to effect an amendment to Resolution No. 2010-70 to more particularly describe the property and property interests to be acquired from the owners of Assessors Parcel No. 557-420-30; and WHEREAS, in connection with its municipal purposes it appears necessary for the City of National City to acquire certain real property interests for right-of-way and street improvements designated as the Plaza Boulevard Street Widening Project (the "Project"); and WHEREAS, the public interest, convenience and necessity require the acquisition of the real property interests more particularly described and depicted in the attached legal descriptions, plats and drawings, referenced in Exhibits "A", "B", "C" and "D", and attached hereto, indicating the general location of the property to be acquired and depicting the property; and WHEREAS, said Project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and WHEREAS, said real property interests are necessary for the Project; and WHEREAS, the real property interests to beacquired for the Project are located entirely within the territorial limits of the City of National City; and WHEREAS, the City of National City is authorized to acquire said real property interests by eminent domain pursuant to the California Constitution, Article 1, Section 19; California Govemment Code Sections 37350.5, 38900, 39790, 39792, 40404; and 66410 et seq.; California Streets and Highways Code Sections 23, 5100, 5101, 5023 and 5023.1; and California Code of Civil Procedure Sections 1240.010, 1240.020, 1240.110, 1240.120 and 1255.410; and Resolution No. 2011 — November 15, 2011 Page Two WHEREAS, an offer to purchase the required interests in the real property necessary for the Project was made to the owners of record, Todd AI-Bayati and Samiya Abdul Sattar Kaddory, pursuant to Government Code Section 7267.2 of the California, which offer has not been accepted; and WHEREAS, the City of National City finds and determines that its Notice of Intention to Adopt this Amended Resolution of Necessity was served on the owners of the subject real property and their attorneys of record, and on the date, time and place fixed for this hearing on the Amended resolution, this City Council did hear and consider all the evidence presented. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of National City pursuant to the Code of Civil Procedure, Sections 1240.030, 1245.230 and 1245.235, finds, determines and hereby declares, by a vote of no Tess than two-thirds of its members, as follows: 1. That the above recitations are true and correct. 2. That the public interest, convenience and necessity of the City of National City and the inhabitants thereof require the improvements and appurtenances thereto in connection with the proposed public Project, named "Plaza Boulevard Street Widening Project" 3. That the improvements and appurtenances thereto to be constructed upon, over, under, along, and across the real property described and depicted in the attached Exhibits as now amended, have been planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 4. The real property and improvements sought to be acquired by this Resolution are necessary for the proposed Project. A copy of the legal descriptions as amended are attached as Exhibits "A", "B" and "C", and incorporated herein by this reference. A map and Plat depicting the real property to be acquired is attached as Exhibit "D", and incorporated herein. 5. That an offer, as required by Government Code Section 7267.2, was made to the owners of record of the properties to be acquired, and notice and opportunity to appear before the City Council as required by Section 1245.235 of California Code of Civil Procedure has been given to the owner(s) of record. The owners were provided notice of his hearing as well as of the amended resolution. The offer has been made in compliance with all requirements of the California Eminent Domain Law. 6. The City Council of the City of National City has reviewed and considered the accompanying supporting Staff Report recommending the condemnation of said property and the amendment of the Resolution No. 20 10-70, and has heard and considered all evidence including all oral and written evidence. A copy of the Staff Report for the City of National City and incorporated herein by this reference regarding the amended resolution has been made a part of the administrative record. herein. Resolution No. 2011 — November 15, 2011 Page Three BE IT FURTHER RESOLVED that the Amended legal description (Temporary Construction Easement) set forth herein is hereby adopted, accepted, and approved for the acquisition of the property and supersedes the prior legal description set forth in Resolution No. 2010-70. In all other respects Resolution 2010-70, including the City Council's previous findings and determinations, remains the same, and said Resolution is incorporated herein as though fully set forth herein. BE IT FURTHER RESOLVED that there may be portions of said real property sought to be acquired which are appropriated to public uses; that the proposed use will not unreasonably interfere with or impair the continuance of the public use as they then exist or may reasonably be expected to exist in the future; that pursuant to Code of Civil Procedure section 1240.5 10, the City of National City is authorized to acquire said real property by eminent domain; and that the City Attorney is hereby directed to obtain possession of the real property interests sought to be acquired as promptly as possible. PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 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 OIEGO, 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 SURVEYMAP.NO. 17515 FILED IN THE OFFICE OF THE'COUNTY RECORDER ON AUGUST 30, 2002 WHICH. BEARS SOUTH65°.2'41' 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 1.6°27'25' WEST 2:06 FEET TO A POINT T 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. • R = _ R LESS... EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 557-420-30 A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months commencing on November 16, 2011 and terminating twelve (12) months later. The actual time to effect the construction on and use of the real property during this 12 month time period shall not exceed thirty (30) days. Prior to the start of the actual construction a 30 day notice will be given to the owner(s) and occupants of the real property. There will be no other physical usage of the Temporary Construction Easement other than during the thirty (30) days of actual construction. At no time will there be equipment and/or materials staged and/or stored within the easement area. Said Temporary Construction Easement shall include the right to enter upon the property described in Exhibit "C" and Exhibit "D" attached hereto and made a part hereof and to perform all acts necessary for the construction of street improvement structures and appurtenant structures associated with the Plaza Boulevard Street Widening Project. Such acts shall further include without limitation, construction and installing street improvements, driveway transitions, restriping of parking lots, drainage structures, utilities, retaining walls, slopes, landscaping, restoring and replacing private improvements located in and on said easement area described in Exhibit "C" and Exhibit "D".. EXHIBIT "B" (page 2)' This easement shall further include the right of unobstructed ingress and egress from the street to the easement area described in Exhibit "C" and Exhibit "D", including the right to pass and repass over and along the easement, and to utilize tools, implements and other materials on the easement area and to utilize construction, automotive and other equipment thereon when necessary for the purposes of exercising the rights secured hereunder. Upon completion of the construction work, the City, and/or its contractors, employees, agents or representatives shall (a) remove from the Temporary Construction Easement its and their construction equipment and materials and restore the easement area equal to the condition it was prior to the date and time of the commencement of the term of this easement. The restoration shall specifically include the repair/replacement of any landscaping, structures, fences, driveways, or other improvements on or in the easement area that belong to the owner(s) and that are or have been removed, damaged or destroyed by the City, and/or contractors, agents and employees. Impacted utilities and/or Tight standards will be protected in place/and/or relocated. The Temporary Construction Easement area is described in Exhibit "C" and Exhibit "D" attached hereto and hereby incorporated by reference and consists of approximately 923 square feet, more or less. Exhibit "C" 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 SHIN DIEGO, STATE OF CALIFORNIA, FILED tN THE OFFICE OF THE COUNTYRECORDER OF SAN DIEGO COUNTY ON JANUARY 13, 1977 AS FILE NO. 77-014262.OFOFFICIAL- 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°29'93" 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 11-IE TRUE POINT OF BEGINNING; 1. THENCE ALONG- SAID NORTHERLY LINE NORTH 74°41'06' EAST 16.99 FEETTOTHE 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 9018 FEET TO THE' WESTERLY LINE OF SAID PARCEL 2; -_ 6. THENCE -ALONG -SA] D-WESL NE-NORTH-1-7-'21 7'- W 4,04-FEET TO THE NORTHWEST CORNER THEREOF,. T. - THENCE ALONG. THE NOR _ THERLY ME OF SAID PARCEL 2 NORTH 74°4V06"•EAST 9B,14:FEEf; 8. THENCE LEAVING SAID • NORTHERLY LINE SOUTH 16"27'25` EAST 2.06 FEET, 9: VERGE NORTH 76°30'26" EAST 15.00 FEET; 11)_TVRNot•. NQRT , 16°2725" WEST 2.54'. FEET TO' THE Ti2UE. POINT OF �iEGJNNING.. = AREA 923° SQ, FT., MORE OR:LESS. Exhibit "o" APN 557-420-30 • o T.P.O.B: PERM. AMQ N AND TCE 5 z°' _4 DETAIL .NOT TO SCAIt PDf. NW 1/4 OF W1/2OFBO AC { LOT 2 1N QUARTER StC, i20 fir HHO, DH LA NAGION MAP NO, 166 AMA 34 5QUARE-FEET V-7'' ia1PORATTY CONSTRUCTION / asemti t 1:TC0 AREA = 923 SO4IARE t-tt► T.P.O.R. TRUE POINT OF. BEGINNING P.U.B. POINT OF 1 EGINNINO T.P.O,B.. Oa. PE{4M7. CE ACQ. 3,9 { W A1.1D SEE DETAIL! THIS SHEET CON1R& POINT. PE1f ROS 1751a. iyISE013Y: RA1B1: BY iiEi n. BY 1tA Dk1E TABULATED: 11E DATA .. LINE BEARING . LENGTH L1 S 1677'25' E. 2.54' LT S 76'30'26'. W 16.00' , L4, - . N-:74'41'00" E : 1498' IS : ; N 7414'05': f - ; .';16.99' , LF• WATif 48-09 1pEltWOENi. ACOISMOL DAIE:4111,49 ANi TBAKRAEly.iONs1ROCj10N EASEMENT • Mt 557;' 420 30 ONG: N0. TODD , AL-BAYAT1. AND . SA11IYA ABDUL SATTAR KADDORY _ OP - PR$ BY • . NA' SCALE otc. N0. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15, 2011 AGENDA ITEM NO.22 _M TITLE: Resolution of the City of National City amending Resolution No. 2010-71, adopted on April 6, 2010, and finding and declaring the public interest and necessity for acquiring and authorizing condemnation and possession of certain real property interests for municipal purposes for the Plaza Boulevard Street Widening Project (Artemio P. Puedan and Flora O. Puedan, Trustees) (A portion of Assessor's Parcel No. 557-410-05; 1736-1740 East Plaza Boulevard) PREPARED BY: George H. Eiser, DEPARTMENT: City Attorney PHONE: Ext. 4221 ,I EXPLANATION: APPROVED BY: Please see attached Report to City Council. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: Mitigated Negative Declaration adopted December 20, 2005. Finding of No Significant Impact approved June 22, 2006. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: • Report to City Council • Notice of Intent to Amend Previously —Adopted Resolution of Necessity • Proposed Resolution • Memorandum from City Attorney to Mayor and City Council dated March 24, 2010 • Project Description • Resolution No. 2010-71 Report to City the City Council MEETING DATE: November 15, 2011 SUBJECT: Amendment of Resolution of Necessity Nos. 2010-59, 2010-70, and 2010- 71 for Acquisition of Right of Way for Plaza Boulevard Street Widening Project • Nagraj, Inc. (1700 East Plaza Blvd., APN 557-410-19) • Todd Al-Bayati/Samiya Abdul Sattar Kaddory (East Plaza Blvd., APN 557-420-30) • Artemio P. Puedan/Flora O. Puedan (1736-1740 East Plaza Blvd., APN 557-410-05) Recommendation Adopt the attached Resolutions amending previously -adopted Resolutions of Necessity authorizing and directing the appropriate actions to be taken to acquire the necessary property rights, and obtain possession at the earliest possible dates, for the Plaza Boulevard Street Widening Project. Background The improvement project (Exhibit"A" Vicinity Map, attached hereto) will widen approximately 1.1 miles of Plaza Boulevard between Highland Avenue and Euclid Avenue, commonly referred to as the Plaza Boulevard Street Widening Project. The Project will improve vehicle circulation and lessen traffic safety concerns. On April 6, 2010 the City Council held a public hearing and thereafter adopted Resolutions of Necessity, Resolution Nos. 2010-59, 2010-70, and 2010-71, in which the City Council made the findings required by law in order to authorize the commencement of eminent domain proceedings. Said resolutions authorized the filing of Complaints in Eminent Domain for the City's acquisition of strips of right of way and temporary construction easements on Assessor Parcel Nos. 557-410-19, 557-420-30, and 557-410- 05 from Nagraj, Inc., Todd Al-Bayati/Samiya Abdul Sattar Kaddory, and Artemio P. Puedan/Flora O. Puedan, respectively, the record property owners. The legal descriptions and plats of the proposed acquisitions were included in Resolution Nos. 2010-59, 2010- 70, and 2010-71. Pursuant to said Resolutions, Complaints in Eminent Domain were filed in superior court on July 29, 2010. Answers were filed in the court actions by the attorney representing the property owners and lessees. A mediation conference was conducted on August 18, but unfortunately, the mediation did not result in the matters being resolved. NOTICE OF INTENT TO AMEND PREVIOUSLY —ADOPTED RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) DATE: October 31, 2011 TO: Artemio and Flora O. Puedan 2124 Alexander Drive Escondido, CA 92025-6408 PROJECT: LOCATION: APN: VESTING: SUBJECT: Anthony Nash, Esq. Luce Forward Hamilton & Scripps, LLP 660 West Broadway, Suite 2600 San Diego, CA 92101 Plaza Boulevard Street Widening Project 1736-1740 East Plaza Boulevard, National City, CA 91950 557-410-05 Artemio P. Puedan and Flora O. Puedan, Trustees for The Puedan Family Trust, Dated September 5, 2003 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 necessary 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. You are hereby notified that on November 15, 2011, at 6:00 p.m., in the Council Chambers at City Hall, 1243 National City Boulevard, National City, the City Council of the City of National City will meet to decide if the above conditions are met concerning your property, and if the conditions are met, to adopt anAmended 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. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4380 Fax: (619) 336.4397 The proposed resolution, if adopted, will approve the amendment of a previously -approved Resolution of Necessity to authorize the City of National City to acquire the property by eminent domain. Descriptions of the required property are attached to this Notice as Exhibit "A" and Exhibit "B". The proposed public use for this property 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 will be entitled to appear and object to the adoption of the proposed 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 be on file within the 15-day period. Failure to file a written request will result in a waiver of your right 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). By designating which condition(s) forms the basis of your concerns, and why, you will enable the City Council to conduct a full and expeditious review 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-periuit If you have any questions, please call the undersigned at (619) 336-4380. CITY OF NATIONAL CITY Maryam Babaki, P.E. Development Services Director/City Engineer October 31, 2011 2 Notice of Intent Plaza Blvd Street Widening Project EI-IIBIT "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, MOREPARTICULARY 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 H&J 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 FFFT 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 EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-05 A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months commencing on November 16, 2011 and terminating twelve (12) months later. The actual time to effect the construction on and use of the real property during this 12 month time period shall not exceed thirty (30) days. Prior to the start of the actual construction a 30 day notice will be given to the owners) and occupants of the real property. There will be no other physical usage of the Temporary Construction Easement other than during the thirty (30) days of actual construction. At no time will there be equipment and/or materials staged and/or stored within the easement area. Said Temporary Construction Easement shall include the right to enter upon the property described in Exhibit "C" and Exhibit "D" attached hereto and made a part hereof and to perform all acts necessary for the construction of street improvement structures and appurtenant structures associated with the Plaza Boulevard Street Widening Project. Such acts shall further include without limitation, construction and installing street improvements, driveway transitions, restriping of parking Tots, drainage structures, utilities, retaining walls, slopes, landscaping, restoring and replacing private improvements located in and on said easement area described in Exhibit "C" and Exhibit "D". EXHIBIT "B" (Page 2) This easement shall further include the right of unobstructed ingress and egress from the street to the easement area described in Exhibit "C" and Exhibit "D", including the right to pass and repass over and along the easement, and to utilize tools, implements and other materials on the easement area and to utilize construction, automotive and other equipment thereon when necessary for the purposes of exercising the rights secured hereunder. Upon completion of the construction work, the City, and/or its contractors, employees, agents or representatives shall (a) remove from the Temporary Construction Easement its and their construction equipment and materials and restore the easement area equal to the condition it was prior to the date and time of the commencement of the term of this easement. The restoration shall specifically include the repair/replacement of any landscaping, structures, fences, driveways, or other improvements on or in the easement area that belong to the owner(s) and that are or have been removed, damaged or destroyed by the City, and/or contractors, agents and employees. Impacted utilities and/or light standards will be protected in place/and/or relocated. The Temporary Construction Easement area is described in Exhibit "C" and Exhibit "D" attached hereto and hereby incorporated by reference and consists of approximately 2136 Sq. Feet more or Tess. (0.049 Acres) Exhibit "C" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-05 THAT PORTION OF THE NORTHWEST WARIER 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, STA1`11 OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OE THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT ABRASS 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 EAS 1 ERLY 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 NORTHBWESTERLY, 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 OIL 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 12'15'37" EAST; 4. THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1°43'25"'ADISTANCE 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 NORTHWES fE.RLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 9°49'35"EAST; 6 TTFNCE WF„STF.RLY 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 sArD DEED; Exhibit "C" (Page 2) 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 CENTERAL ANGLE OF 8°49'13" A DISTANCE OF 94.24 FEET; 9. THENCE. NORTH 76°30'26" EAST 36.83 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.049 ACRES, MORE OR LESS Exhibit "D" APN 557. 410-05- ��-_---------rt-----=-5 17'21'S7' E CPS _pLAZ (B�-Vv — -4A1' S 03'58'45" E (R) 26criSki LEGEND 770 T.P.O.B. P.O.B. 0 APPROVED RY: PERMANEM ACOUIS 11ON 1/ AREA - M0 ACRES TEMPORARY G0NSiRUCi10N AREA = 0.049 ACRES TRUE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 N 13746.13" E 805.90' G2 — s 86' 427' WIi44,07' P 0 8. UTILITY AND: ACCESS C'4 EASEMENT REC. 7/23/66 .� 0 AS Fa NO. 124201 O.R. PIRLI. ACQ. -. AND TCE -1 L`aD naP 9125/03 ASDOi ..UO. 2003-11132085 O.R. PDn.NW114Dr W► iJ2 LOT 2 IN QUARTER SEC.. 120 OF• RHO. DE LA HACIDN MAP. NO, 186 557-41D-05 DA1E DATE 4-16-08 DiltE 5�19-08 TA3Iit31TED`CORVE:D] TA CURVE IIEkTA : LENGTH. e'4Wi3' C2 13'54'25' 'RA0lU5: -612;2b'. 540.00' 94:24' 131.0r C3 C4 413'52' 1'43'25' 622.20' 622.20' . 45.95' 18.72' C5 4'49'39` 61270'. 52:42' AcalPitom ANU trail&coNslt#u ENT • Ae11;557-410- i . iNE• P4IEDAN FANU.Y .iRUSf 6A'JED . /05J03. DWG: H : /D RESOLUTION NO. 2011 — RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NO. 2010-71 ADOPTED ON APRIL 6, 2010, AND FINDING AND DECLARING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND POSSESSION OF CERTAIN REAL PROPERTY INTERESTS FOR MUNICIPAL PURPOSES FOR THE PLAZA BOULEVARD STREET WIDENING PROJECT (Artemio P. Puedan and Flora O. Puedan, Trustees) (A Portion of Assessor's Parcel No. 557-410-05; 1736-1740 East Plaza Boulevard) WHEREAS, the City of National City is a municipal corporation organized and existing under the laws of the State of California; and WHEREAS, on April 6, 2010, the City Council of the City of National City adopted Resolution No. 2010-71, authorizing the acquisition. of certain real property by eminent domain for the Plaza Boulevard Street Widening Project; and WHEREAS, on or about June 29, 2010, the City filed its complaint in Eminent Domain in the San Diego County Superior Court, Case No. 2010-00077983-CU-EI-SC, titled City of National City v. Artemio P. Puedan and Flora O. Puedan, et al. to acquire portions of Assessors Parcel No. 557-410-05 therein alleged; and WHEREAS, the City now desires to effect an amendment to Resolution No. 2010-71 to more particularly describe the property andproperty interests to be acquired from the owners of Assessors Parcel No. 557-410-05; and WHEREAS, in connection with its municipal purposes, it appears necessary for the City of National City to acquire certain real property interests for right-of-way and street. improvements designated as the Plaza Boulevard Street Widening Project (the "Project"); and WHEREAS, the public interest, convenience and necessity require the acquisition of the real property interests more particularly described and depicted in the attached legal descriptions, plats and drawings, referenced in Exhibits "A", "B", "C" and "D", attached hereto, indicating the general location of the property to be acquired and depicting the property; and WHEREAS, said Project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and WHEREAS, said real property interests are necessary for the Project; and WHEREAS, the real property interests to be acquired for the Project are located entirely within the territorial limits of the City of Nationat.City; and WHEREAS, the City of National City is authorized to acquire said real property interests by eminent domain pursuant to the California Constitution, Article 1, Section 19; California Government Code Sections 37350.5, 38900; 39790, 39792, 40404; and 66410 et seq.; California Streets and Highways Code Sections 23, 5100, 5101, 5023 and 5023.1, and California Code of Civil Procedure, Sections 1240.010, 1240.020, 1240.110, 1240.120 and 1255,410; it Resolution No. 2011 — November 15, 2011 Page Two WHEREAS, an offer to purchase the required interests in the real property necessary for the Project was made to the owners of record., Artemio P. Puedan and Flora O. Puedan, pursuant to Section 7267.2 of the California Government Code, which offer has not been accepted; and WHEREAS, the City Council of the City of National City finds and determines that its Notice of Intention to Adopt this Amended Resolution of Necessity was served on the owners of the subject real property and their attorneys of record, and on the date, time and place fixed for this hearing on the Amended Resolution, this City Council did hear and consider all the evidence presented. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City, pursuant to Code of Civil Procedure Sections 1240.030, 1245.230, and 1245.235, finds, determines and hereby declares, by a vote of no less than two-thirds of its members, as follows: 1. That the above recitations are true and correct. 2. That the public interest, convenience and necessity of the City of National City and the inhabitants thereof require the improvements and appurtenances thereto in connection with the proposed public Project, named "Plaza Boulevard Street Widening Project". 3. That the improvements and appurtenances thereto to be constructed upon, over, under, along, and across the real property described and depicted in the attached Exhibits as now amended, have been planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 4. The real property and improvements sought to be acquired by this Resolution are necessary for the proposed Project. A copy of the legal descriptions as amended are attached as Exhibits "A", "B" and "C", and and incorporated herein by this reference. A map and Plat depicting the real property to be acquired is attached as Exhibit "D", and incorporated herein. 5. That an offer, as required by Government Code Section 7267.2 was made to the owners of record of the properties to be acquired, and notice and opportunity to appear before the City Council as required by Section 1245.235 of California Code of Civil Procedure has been given to the owner(s) of record. The owners were provided notice of his hearing as well as of the amended resolution. The offer has been made in compliance with all requirements of the California Eminent Domain Law. 6. • The City Council of the City of National City has reviewed and considered the accompanying supporting Staff Report recommending the Condemnation of said property and the amendment of the Resolution No. 2010-71, and has heard and considered all evidence including all oral and written evidence. A copy of the Staff Report for the City of National City and incorporated herein by this reference regarding the amendedresolution has been made a part of the administrative record herein. Resolution No. 2011 — November 15, 2011 Page Three BE IT FURTHER RESOLVED that the amended legal,_ description (Temporary Construction Easement) set forth herein is hereby adopted, accepted and approved for the acquisition of the property, and supersedes the prior legal description set forth in Resolution No. 2010-71. In all other respects Resolution 2010-71, including the Council's previous findings and determinations remains the same, and said Resolution is incorporated herein as though fully set forth herein. BE IT FURTHER RESOLVED that there may be portions of said real property sought to be acquired which are appropriated to public uses; that the proposed use will not unreasonably interfere with or impair the continuance of the public use as they then exist or may reasonably be expected to exist in the future; that pursuant to Code of Civil Procedure Section 1240.510, the City of National City is authorized to acquire said real property by eminent domain; that the City Attorney is hereby directed to obtain possession of the real property interests sought to be acquired as promptly as possible. PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney /g EXHIBIT "A" PERMANENT ACQCTISITION 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 THECITY OF NATIONAL CITY, COUNTY OP SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF. NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN I)IEGO COUNTY, MAY 11, 1869, MORE PARTICULARY'DESCRIBE1 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 16°30'26" WEST 36.83 FEET TO ThI BEGINNING OF A.TANGENT 612.20=FOOT`RADIUS CURVE CONCAVE NORTHIWESTERLY;. 2. THENCE SOUTHWESTERLY ALONG TIIE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8°49' 13" A DISTANCE OF 94.24 FEI&T 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. OP SAID LAND AND THE. BEGINNING OF A NON -TANGENT 540.06-FOOT RADIUS CURVE CONCAVB^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 EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-05 A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months commencing on November 16, 2011 and terminating twelve (12) months later. -The actual time to effect the construction on and use -Of the real property during this 12 month time period shall not exceed thirty (30) days. Prior to the start of the actual construction a 30 day notice will be given to the owner(s) and occupants of the real property. There will be no other physical usage of the Temporary Construction Easement other than during the thirty (30) days of actual construction. At no time will there be equipment and/or materials staged and/or stored within the easement area. Said Temporary Construction Easement shall include the right to enter upon the property described in Exhibit "C" and Exhibit "D" attached hereto and made a part hereof and to perform all acts necessary for the construction of street improvement structures and appurtenant structures associated with the Plaza Boulevard Street Widening Project. Such acts shall further include without limitation, construction and installing street improvements, driveway transitions, restriping of parking lots, drainage structures, utilities, retaining walls, slopes, landscaping, restoring and replacing private improvements located in and on said easement area described in Exhibit "C" and Exhibit "D". EXHIBIT "B" (Page 2) This easement shall further include the right of unobstructed ingress and egress from the street to the easement area described in Exhibit "C" and Exhibit "D", including the right to pass and repass over and along the easement, and to utilize tools, implements and other materials on the easement area and to utilize construction, automotive and other equipmentthereon when necessary for the purposes of exercising the rights secured hereunder. Upon completion of the construction work, the City, and/or its contractors, employees, agents or representatives shall (a) remove from the Temporary Construction Easement its and their construction equipment and materialsand restore the easement area equal to the condition it was prior to the date and time of the commencement of the term of this easement. The restoration shall specifically include the repair/replacement of any landscaping, structures, fences, driveways, or other improvements on or in the easement area that belong to the owner(s) and that are or have been removed, damaged or destroyed by the City, and/or contractors, agents and employees. Impacted utilities and/or light standards will be protected in place/and/or relocated. The Temporary Construction Easement area is described in Exhibit "C" and Exhibit "D" attached hereto and hereby incorporated by reference and consists of approximately 2136 Sq. Feet more or less. (0.049 Acres) Exhibit "C" TEMPORARY CONSTRUCTION EASEMENT APN 557-41.0-05 THAT PORTION OF THE NORTHWEST QUARTER OF THE WEST HALF OF LOT 2 IN QUARIER. 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 THEOFFICEOF THE COUNTY RECORDER -OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY ESCRIBED AS FOLLOWS:.b . . BEGINNING AT A.BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 .FILED IN THE OFFICE OP 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 EAS 1"LRLY 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 622.201 OOT RADIUS CURVE CONCAVE NORTHEWESTERLY, A RADIAL LINE TO SAID POINT .BEARS SOUTH 17°02'52'.' EAST; WESTERLY 2. THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF'4613552" A DISTA1 CE OF 45.95 MET; . 3. THENCE- NORTH ,49°05'05" WEST 0.94 FEET TO THE BEGINNING OP A NON-TANGTNT 622.20-FOOT RADIUS CURVE CONCAVE NOIL'ITTWESTERLY, A RADIAL LINE TO SAID. POINT BEARS SOilTFI 12°13'37"EAST;. 4. THENCE WES 1ERLY 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 R ADIUS . CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 9-°49'35"EAST; THENCE: WRkTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL -ANGLE OF:4°49'39" A bIStANCE 011' 52.42-FEET TQ A.POINT.114 'I'I� WESTERLY Lf11I?.OF LAMP PER: SAID DEED; . Exhibit "C" (Page 2) 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 CENTERAL ANGLE OF 8°49' 13" A DISTANCE OF 94.24 FEET; 9. THENCE. NORTH 76°30'26" EAST 36.83 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.049 ACRES, MORE OR LESS Exhibit "D" APN 557-410=05 N 8T4613" - 805.90' CP5 — S 0358'45' E (R) LEGEND 7Tj S 17'21'57" f pLA�P gi�4.or ci 0448'21" E (R : _ i �-- ' �, -� C5 �0 it 'o- 89 • N.1 S r` �1 OF S LAND.PER DEED REC 9/25/03 AS DOC..NO. 2003-1184085 O.R. ROn. NW 1/4 Dr W1/2LOi'21N QUARTER SEC. 120 OF RHO. DE LA NAGIDN MAP. NO. 166 557-410-05 th S'86a42Tr W 144.07----II:all UllUTY AND:ACCESS CP4 EASEMENT REC. 7/23/68 AS FIE NQ. 124201 O.R. T.P.O.B PERM. ACQ. AND TCE MAW* AArMISMON AREA = 0.008 ACRES . 1E1JrQ1J.WON't§i4OON EASE►IENr Cr( j. . AREA 0.049 ACRES T.P.O.B. TTFUE POINT OF BEGINNING P.O.B. POINT OF BEGINNING CONTROL POINT PER RO$ 17515 TABUL'�AIED'DURVE.DATK . ..: -: '_ •: C-URVE. ^ ;DEi_TJl : RAPIU.$: LENGTH. .. -- CI : ir49i' 61220`. 94:24' C2 13.54'25" 540.00' 131.0r C3 413752' 622.20' 45:95' : C4- 1.43'25"'. 622.20' . _ 18.72' C5 ` 4.039" , 679 20' : 5Z42.' REVISER BX: DA1E; DRAIN B1F KA .DATE: 4-16- 3 NATIONAL 1... 441. Dil1Ec 5-'19-09- M14CVED By: •JpA1: ; . PERM J T AC;CIUSIIION JID 1DAP0 J�QY c QNSTOl ox-MINT Ai' 5 410-OS 1NE SEDAN TAW 3RUST DATED 9/05/1)3• D0C., NO. • In& Np.; 64) Mayor Ron Morrison Council Members Frank Parra Alejandro Sotelo-Sotis Jess Van Deventer Rosalie Zarate ehNir \a te+ Office of the City Attorney City Attorney George H. Eiser, Ill 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 reconrniending that the City Council take the first steps toward acquiring the easements through, eminent domain proceedings. These steps include the holding of a hearing clrthe affectedproperty ow.ners-may-appe.u, 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 91960-4301 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 goodand 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 forthe 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, whythe 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 011ie resolution does not preclude further discussions between the property Owner and the City for the negotiated purchase of the property. GPORGE I3. EISER iII City Attorney GHE/gmo 21r- • Paae 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 (1-805). 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 Firmand 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 acquisitioncould 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. RESOLUTION NO. 2010 — 71 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; AIRTEMI.O 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 asrequired 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 requirethe proposed project. 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and theleast private injury. 3. The property sought to be acquired is necessary for the project. 4. The offer required by Govemment 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 -- on es Resolution No. 2010 — 71 April 6, 2010 Page 2 PASSED and ADOPTED this 6th day of A , 2010. Ron Morrison, Mayor ATTEST: Michael R. Della; Ci Clerk APPROVED AS TO FORM: George H. Eiser, I11 City Attorney 74 rassod and adopted by the Council of the City of National City, California, on April 6, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, Califomia MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO.2010-71 of the City of National City, Califomia, passed and adopted by the Council of said City on April 6, 2010. CI rk of the of ational City City City, California By: Deputy 7L 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 DEEP 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-6°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. MICKEY E. A EXP. 3-31-10 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-05 THAT PORTION OF THE NORTHWEST QUARTER OF THE WEST HALF OF LOT 21N 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°4325' 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°41'4T 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 9. THENCE NORTH 76°30'26" EAST 36.83 FEET TO THE TRUE POINT O.F BEGINNING. AREA = 0.049 ACRES, MORE OR LESS. Page 2 of 2 n01 CP5 S 03'58'45. E (R) � ��•41' h1 LEGEND 1' 1/ia T.P.O.B: P.O.B. A EXHIBIT N 8T46'13. E „B» 805.90' 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 S 1721'5T E 4.01' CZ - P� \\ 5 86754 27' W144.07' UTILITY AND ACCESS CP4 EASEMENT REC. 7/23/68 an AS FILE NO. 124201 O.R. rn . T.P.O.B. PERM. ACQ. AND TCE LAND PER DEED REC. 9/25/03 AS DOC. NO. 2003-1182085 O.R. POR, NW 1/4 OF W1/2LOT 2IN GIJARIEiR SEC 120 OF RHO, Dr LA NAGIDN MAP NO. 166 557-410-05 TABULATED CURVE DATA CURVE DELTA. RADIUS LENGTH CI 849'13" 612,20' 94.24' C2 13'54'25" 540.00' 131.07' C3 413'52" 622.20' 45.95' C4 1'43'25. 622.20' 18.72' C5 449'39. 622.20' 52.42' REVISED. BY: GATE: 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. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NO. 2010-71 ADOPTED ON APRIL 6, 2010, AND FINDING AND DECLARING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND POSSESSION OF CERTAIN REAL PROPERTY INTERESTS FOR MUNICIPAL PURPOSES FOR THE PLAZA BOULEVARD STREET WIDENING PROJECT (Artemio P. Puedan and Flora O. Puedan, Trustees) (A Portion of Assessor's Parcel No. 557-410-05; 1736-1740 East Plaza Boulevard) WHEREAS, the City of National City is a municipal corporation organized and existing under the laws of the State of California; and WHEREAS, on April 6, 2010, the City Council of the City of National City adopted Resolution No. 2010-71, authorizing the acquisition of certain real property by eminent domain for the Plaza Boulevard Street Widening Project; and WHEREAS, on or about June 29, 2010, the City filed its complaint in Eminent Domain in the San Diego County Superior Court, Case No. 2010-00077983-CU-EI-SC, titled City of National City v. Artemio P. Puedan and Flora O. Puedan, et al. to acquire portions of Assessors Parcel No. 557-410-05 therein alleged; and WHEREAS, the City now desires to effect an amendment to Resolution No. 2010-71 to more particularly describe the property and property interests to be acquired from the owners of Assessors Parcel No. 557-410-05; and WHEREAS, in connection with its municipal purposes, it appears necessary for the City of National City to acquire certain real property interests for right-of-way and street improvements designated as the Plaza Boulevard Street Widening Project (the "Project"); and WHEREAS, the public interest, convenience and necessity require the acquisition of the real property interests more particularly described and depicted in the attached legal descriptions, plats and drawings, referenced in Exhibits "A", "B", "C" and "D", attached hereto, indicating the general location of the property to be acquired and depicting the property; and WHEREAS, said Project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and WHEREAS, said real property interests are necessary for the Project; and WHEREAS, the real property interests to be acquired for the Project are located entirely within the territorial limits of the City of National City; and WHEREAS, the City of National City is authorized to acquire said real property interests by eminent domain pursuant to the California Constitution, Article 1, Section 19; California Govemment Code Sections 37350.5, 38900, 39790, 39792, 40404; and 66410 et seq.; California Streets and Highways Code Sections 23, 5100, 5101, 5023 and 5023.1, and California Code of Civil Procedure, Sections 1240.010, 1240.020, 1240.110, 1240.120 and 1255.410; Resolution No. 2011 — November 15, 2011 Page Two WHEREAS, an offer to purchase the required interests in the real property necessary for the Project was made to the owners of record, Artemio P. Puedan and Flora O. Puedan, pursuant to Section 7267.2 of the California Government Code, which offer has not been accepted; and WHEREAS, the City Council of the City of National City finds and determines that its Notice of Intention to Adopt this Amended Resolution of Necessity was served on the owners of the subject real property and their attorneys of record, and on the date, time and place fixed for this hearing on the Amended Resolution, this City Council did hear and consider all the evidence presented. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City, pursuant to Code of Civil Procedure Sections 1240.030, 1245.230, and 1245.235, finds, determines and hereby declares, by a vote of no less than two-thirds of its members, as follows: 1. That the above recitations are true and correct. 2. That the public interest, convenience and necessity of the City of National City and the inhabitants thereof require the improvements and appurtenances thereto in connection with the proposed public Project, named "Plaza Boulevard Street Widening Project". 3. That the improvements and appurtenances thereto to be constructed upon, over, under, along, and across the real property described and depicted in the attached Exhibits as now amended, have been planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 4. The real property and improvements sought to be acquired by this Resolution are necessary for the proposed Project. A copy of the legal descriptions as amended are attached as Exhibits "A", "B" and "C", and and incorporated herein by this reference. A map and Plat depicting the real property to be acquired is attached as Exhibit "D", and incorporated herein. 5. That an offer, as required by Government Code Section 7267.2 was made to the owners of record of the properties to be acquired, and notice and opportunity to appear before the City Council as required by Section 1245.235 of California Code of Civil Procedure has been given to the owner(s) of record. The owners were provided notice of his hearing as well as of the amended resolution. The offer has been made in compliance with all requirements of the California Eminent Domain Law. 6. The City Council of the City of National City has reviewed and considered the accompanying supporting Staff Report recommending the Condemnation of said property and the amendment of the Resolution No. 2010-71, and has heard and considered all evidence including all oral and written evidence. A copy of the Staff Report for the City of National City and incorporated herein by this reference regarding the amended resolution has been made a part of the administrative record herein. Resolution No. 2011 — November 15, 2011 Page Three BE IT FURTHER RESOLVED that the amended legal description (Temporary Construction Easement) set forth herein is hereby adopted, accepted and approved for the acquisition of the property, and supersedes the prior legal description set forth in Resolution No. 2010-71. In all other respects Resolution 2010-71, including the Council's previous findings and determinations remains the same, and said Resolution is incorporated herein as though fully set forth herein. BE IT FURTHER RESOLVED that there may be portions of said real property sought to be acquired which are appropriated to public uses; that the proposed use will not unreasonably interfere with or impair the continuance of the public use as they then exist or may reasonably be expected to exist in the future; that pursuant to Code of Civil Procedure Section 1240.510, the City of National City is authorized to acquire said real property by eminent domain; that the City Attorney is hereby directed to obtain possession of the real property interests sought to be acquired as promptly as possible. PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney EXHIB1T "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 OP SAN DIEGO,: STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.166, FILED IN THE OFFICE OF THE COUNTY RECORDER OP SAN DIEGO COUNTY, MAY 11,1869, MORE PARTICULARY'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 T1T8 BEGINNING OF A_TANGENT 612,20-FOOT'RADIUS CURVE CONCAVE NORTIIIWESTERLY;. 2. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CEN'rRAL ANGLE OF 8°49' 13" A DISTANCE OF 94.24 FEET TO -A POINT ON THE WESTERLYLINE 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 CO NCAVL.NORTBERLY, 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=,008 ACRES, .MORE OR LESS Page 7 of 11 EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-05 A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement for a period of twelve (12) months commencing on November 16, 2011 and terminating twelve (12) months later. The actual time to effect the construction on and use Of the real property during this 12 month time period shall not exceed thirty (30) days. Prior to the start of the actual construction a 30 day notice will be given to the owner(s) and occupants of the real property. There will be no other physical usage of the Temporary Construction Easement other than during the thirty (30) days of actual construction. At no time will there be equipment and/or materials staged and/or stored within the easement area. Said Temporary Construction Easement shall include the right to enter upon the property described in Exhibit "C" and Exhibit "D" attached hereto and made a part hereof and to perform all acts necessary for the construction of street improvement structures and appurtenant structures associated with the Plaza Boulevard Street Widening Project. Such acts shall further include without limitation, construction and installing street improvements, driveway transitions, restriping of parking lots, drainage structures, utilities, retaining walls, slopes, landscaping, restoring and replacing private improvements located in and on said easement area described in Exhibit "C" and Exhibit "D". EXHIBIT "B" (Page 2) This easement shall further include the right of unobstructed ingress and egress from the street to the easement area described in Exhibit "C" and Exhibit "D", including the right to pass and repass over and along the easement, and to utilize tools, implements and other materials on the easement area and to utilize construction, automotive and other equipment- thereon when necessary for the purposes of exercising therightssecured hereunder. Upon completion of the construction work, the City, and/or its contractors, employees, agents or representatives shall (a) remove from the Temporary Construction Easement its and their construction equipment and materials and restore the easement area equal to the condition it was prior to the date and time of the commencement of the term of this easement. The restoration shall specifically include the repair/replacement of any landscaping, structures, fences, driveways, or other improvements on or in the easement area that belong to the owner(s) and that are or have been removed, damaged or destroyed by the City, and/or contractors, agents and employees. impacted utilities and/or light standards will be protected in place/and/or relocated. The Temporary Construction Easement area is described in Exhibit"C" and Exhibit "D" attached hereto and hereby incorporated by reference and consists of approximately 2136 Sq. Feet more or less. (0.049 Acres) Exhibit "C" I EMPOR.ARY CONSTRUCTION EASEMENT APN 557-410-05 THAT PORTION OF THE NORTHWEST QUARTER OF THE WEST HALF OF LOT 2 IN QUARTER SECTION 1.29 OF THE RANCHO DE LA NACION; IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STA1'b 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 1N 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 NORTI#EWESTERLY, 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" ADISTANCE 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 12'15'37"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 WFSTF.' T.Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°49639" A DISTANCE OP 52.42 FEET TO A POINT IN THE WESTERLY LtNF:OF LAND 1 BR SAID DEED; Exhibit "C" (Page 2) 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 CENTERAL ANGLE OF 8°49' 13" A DISTANCE OF 94.24 FEET; 9. THENCE. NORTH 76°30'26" EAST 36.83. FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.049 ACRES, MORE OR LESS Exhibit "D" APN 557,410-05-. N 8T46'13" E CPS —P�NZ� g` L S O3'58'45' E .(R) IEGEND T.P.QB. P.O.B. A 805.90' —_-------- S1T21'57'E - 4.01' S :86 4ifW 144=Or P.0.8. -� - UTILITY .AHD .ACCESS CP4 EASEMENT REC. 7/23/68 ,� AS RE HQ. 124201 O.R. CA - PEW. ACQ. AND TCE p ui_:► i9 rim ; \ ' *43, LAND. PER DEP REC. 972S/03 AS DOG. NO. 2003-1182085 A.R.. POP,. NW 1/4 OE W 1/2 LOT 2 IN QUARTER SEC, 129 DE RHO. DE LA NACION MAP. NO, 16 557741.0-05 PERIMNIOT �� Watasillou -,• AREA = O.ODB'�A TEMPOWY 600144014 EASEMENT (1QEj.. AWEA O:p49 ACRES 1t2UE POINT OF BEGINNING POINT OF BEGINNING CONTROL POINT PER ROS 17515 TATIMATED' CI AVE:bkiA . •:CURVE:.:':DELTA .: 'RADIUS: -LENGTH. ... 0 - . 11191' 61201 . 9424' C2 134'25' . 5415.00' 1310 C3 413'522 522.20'- 45.95' C4 .. 1.43'2$"• 622-20' . 1&72' (:5 ' = 4'49'39` : 672 20 : 52 42' }REVISEL. pi DATE; DRAYAI OY: ICA DATE 4-1610 NATIONAL STY :SCALE • CficCKED uy. 114 APARQVE6 8Y: DA14:549•70& DAT P.ERWJIENT ACAU.15111ON •• ANp 'IEUPOItARY: CONSII#Uo11DN `£A*Z*1T APH-5574410- 5.. THE ROAN °FARO .1RU$T IIA1E4 9/Q5/03 DOC, N0. temp,: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15, 2011 AGENDA ITEM NO. ! 23 . EM TITLE: Investment Report for quarter ended September 30, 2011. PREPARED BY: Arnold Ocana PHONE: 1619-336-4342 EXPLANATION: See attached report. DEPARTMENT: Finance APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Staff certifies that there are sufficient funds to meet the City's financial needs. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: nkccept and File the Investment Report for the Quarter ended September 30, 2011. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 3ackground/Investment Overview 2. Portfolio Summary — Quarter ended September 30, 2011. ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires the City Treasurer or the Chief Financial Officer to submit to the City Council a quarterly report of the City's investment portfolio consisting of the following information: V V V V V V Type of investment or description, Issuers (bank or institution), Dollar amount, Interest rate, Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the City's compliance with it's investment policy and include a statement on the City's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio as of the quarter ended September 30, 2011 is summarized below and compared to the quarter ended September 30, 2010. POOLED INVESTMENT PORTFOLIO QUARTER ENDED AS OF 9/30/2011 9/30/2010 Par Value 46,648,557.87 45,672,181.98 Book Value (1) 46,648,807.87 45,672,456.98 Market Value (2) 46,809,864.88 45,864,569.56 (1) The book value is the actual cost of investments. (2) The market value is the amount at which the investments could be sold. The City of National City has 82.34% of the total portfolio invested in the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Due to the current circumstances of the economy and the market conditions, LAIF return has been plunging for the last 48 months. For the month ended September 30, 2011, LAIF's monthly average effective yield was 0.378%. The summary of the City's investment portfolio is illustrated in the following chart. SUMMARY OF INVESTMENT PORTFOLIO As of September 30, 2011 INVESTMENTS HELD BY THE CITY YTM % of Investment Type Book Value Market Value 365 Equiv. Portfolio LAIF 38,408,807.87 38,479,771.68 0.378% 82.34% Medium Term Notes 500,000.00 505,550.00 4.000% 1.07% Federal Agency Securities 5,739,750.00 5,824,543.20 2.228% 12.30% CDARS Program 2,000,000.00 2,000,000.00 1.050% 4.29% Totals for September 2011 46,648,557.87 46,809,864.88 0.857% 100.00% Totals for September 2010 45,672,181.98 Portfolio increase from same quarter last year 976,375.89 CDARS Program Federal Agency Securities 12.30% Medium Term Notes 1.07% 4.29% 82.34% Investments Liquidity Book Value % of Portfolio On Demand Within One Month One Month to One Year One Year to Two Years Five Years 38,408,807.87 0.00 2, 500, 000.00 1,000, 000.00 4,739,750.00 82.34% 0.00% 5.36% 2.14% 10.16% 46, 648, 557.8 7 100.00 % City of National City Finance Department Federal Agency Securities account for 12.30% of the investment portfolio. The average rate of return is 2.228% which is the average yield offered in the current market of Security Bonds with same terms. The City has $2 million investment in the CDARS program with Neighborhood National Bank. The current investment yield is 1.050% and accounts for 4.29% of the portfolio. The pooled investment portfolio has the ability to meet the City's financial needs. City onal City City of National City Portfolio Management Portfolio Summary September 30, 2011 Par Market Book % of Days to YTMIC YTMIC Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. LAIF 38,408,807,87 38,479,771 58 38,408,807.8, 82. 34 1 1 0.373 0 378 Medium Term Notes 500,000.00 505,550.00 500,000.00 1.07 1,462 '37 3 945 4 C00 Federal Agency Securities 5,740,000.00 5,824,543.20 5,739750,0C 12. 30 1,927 282 2.393 2 426 CDARS 2,000,000.00. 2,000,000 00 2,000,000.00 4.29 364 159 1.03E 1 050 Investments Total Earnings Current Year Average Daily Balance Effective Rate of Return 46,648,807.87 46,809,864.88 September 30 Month Ending 26,948 30 45,565,224.54 0,72% Tina Norrdin, .inancial Services Officer Reporting period 09/01/2011-09130/2011 Run Date 11/0312011•1G 11 Fiscal Year To Date 91,246 23 48,458,351.02 0.75% 46,648,557.87 100.00% 257 44 0.688 0.698 Portfolio CNC CC PM (PRF PM11 SyolRept 6.41. 202b Report Ver 5 00 CUSIP Investment# Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments September 30, 2011 Purchase Date Par Value Market Value Page 2 YTM/C Days to Maturity Book Value Rate S&P 365 Maturity Date Stated LAIF 98-37-575 Medium Term Notes 11058 Local Agency Investment Fund 36966RV94 1'269 Federal Agency Securities 313372TR5 3128X8N57 3134G2DA7 3136FPA83 3136FPVC8 3136FPYS0 3135FPXD4 3136FPB22 3136FRB51 3136F82A2 3135F62A2 C 3135F9CB7 CDARS SYS11382 Subtotal and Average 37,058,807.87 GEN ELEC CAP CRP Subtotal and Average 500,000.00 11381 Federa Home Loan Bank 11342 Federal Home Loan Mrtgage Corp 11384 Federal Home Loan Mrtgage Corp 11362 Federal Nati Mortgage Assoc 11371 Federal Nat. Mortgage Assoc 11372 Federal Nat l Mortgage Assoc 11374 Federal Nat. Mortgage Assoc 11377 Federal Nat,. Mortgage Assoc 11385 Federal Nall Mortgage Assoc. 11266 Fannie Mae 11267 Fannie Mae 11274 Fannie Mae Subtotal and Average 11382 Neighborhood National Bank 6,006,416.67 Subtotal and Average 2,000,000.00 38,408,807 87 38,479,771 68 38,408,807.87 38,479,771.68 38,408,807.87 38 408.807. 87 0 378 02/14/2008 500,000 00 505,550. 00 500,000.00 505,550.00 500,000.00 500,000 CD 4 CD0 03/14/20- 750,003.00 757,995.00 750.000 CD 06/18/2039 240.000. DO 244.543 20 240,000 CD 04/14/20' 1 500,000. 00 500,290.00 500.000 CO 08/18/20,0 500,000. 00 516,500.00 500,000 CO ' 1/19/20' 0 500.000. 00 500.795. DO 500.000 CO ' 1/23/20'0 500,000. 30 499,525. 00 499.753 00 11/23/20'0 250,000.00 250,390.30 250,003 00 11/30/2010 500,000. 00 499,870. 30 500,003 CO 07/27(2011 1 000,000.00 '.304,800 00 300,000.00 02/12/2008 250,000.00 262,330.30 250.003 CO 02/12/2008 500,000. 30 524.495. 00 500.003 00 03/11/2008 250,000.30 263,010 30 250,003 00 5,740,000,00 5,824,543.20 5,739,750,00 03/10/20'1 2,000,000.00 2,000,000.00 2 c40 3 000 2 650 2 COO 250 1 250 - COO 2 C00 2 375 4 C00 4 COO 4 COO 2,300,000.00 1 050 2,000,000.00 2,000,000.00 2,000,000.00 0 378 0.378 AA- 4 300 4.000 AAA AAA AAA AAA AAA AAA AAA AAA AAA' AAA AAA AAA 2 540 3.300 2 550 2 000 250 1 300 1 000 2 000 2.375 4 000 4 000 4 00C, 2.426 1.D50 1.050 159 137 02/15/2012 137 165 03)114/2016 261 06/18/2014 t3 04/14/2016 1.4'7 08/18/2015 49 ' 1/19/2015 53 1 1 /23,2015 53 11/23/2015 60 11/30/2015 118 07/27/2016 500 02/12/2013 500 02/12/2013 527 03/11/2013 282 159 03/08/2012 Total and Average 45,565,224.54 Run Date 11/03/2011 .1411 46,648,807.87 46,809,864.88 46,648,557.87 0.698 44 Portfolio CNC CC PM (PRF_PM21 SyrRes/ 541 202b CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15, 2011 AGENDA ITEM NO. 24 .. EM TITLE: Report to the City Council of the City of National City from the appointed Independent Finance Committee containing a recommendation regarding the City of National City district sales tax pursuant to the provisions of Section 4.160.180 of the City of National City Municipal Code PREPARED BY: Stacey Stevenson for the CMO PHONE: 336-4308 EXPLANATION: DEPARTMENT:.4 ity Manager/Human Resources APPROVED B In June, 2006, the voters of the City of National City passed a one percent (1%) District Sales Tax. The tax was conditioned on two things: it would sunset after ten years (2016); and "every fifth year" (2011), an independent committee of financial experts would be convened for the purpose of making a recommendation to the Mayor and City Council as to whether the tax shall remain in effect at the rate of one percent, be reduced to a lesser rate or be terminated. The independent committee, consisting of Chris Cate of the San Diego Taxpayers' Association, Dale Nielsen from the City of Vista and Manley Cox from SANDAG, serving as the committee chair, held a series of open meetings beginning September 22, 2011 and launched an extensive review of the City's financial records. Having done so, the committee now brings forward its report and recommendations pursuant to the voter approved ballot initiative 1 Section 4.160.180 of the City of National City Municipal Code. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept the report of the Proposition D Independent Finance Committee BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: position D Independent Finance Committee Report COMMITTEE REPORT WILL BE AVAILABLE BY COUNCIL MEETING OF NOVEMBER 15, 2011 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 15, 2011 AGENDA ITEM NO. 25 �M TITLE: The 2012-2013 Annual Action Plan for the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs. PREPARED BY: Carlos Aguirre DEPARTMENT: Administrative Services PHONE: (619) 336-4391 APPROVED BY: EXPLANATION: The City of National City will be soliciting requests for funding from community agencies and City Departments for project and program funding in Fiscal Year (FY) 2012-2013 under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs. The application for funding will be made available on November 29, 2011. The City will receive approximately $1 million in CDBG and $550,000 in HOME funds. Each year the City completes a public participation process to review and approve various activities eligible for the entitlement funds. This report includes a schedule for the development of the Fiscal Year 2012-2013 Annual Action Plan. The schedule provides important dates including the technical assistance workshop on the application, the application due date, when applicants will present their funding request to the City Council, and the public hearing dates required to recommend and finally approve the activities that will be selected and made part of the Annual Action Plan submitted to the U.S. Department of Housing and Urban Development in May 2012. Also attached are the strategic goals objectives identified in the City's Five -Year Consolidated Plan (2010-15) that must be taken into sideration when applications are selected for funding. FINANCIAL STATEMENT: ACCOUNT NO. n/a Not applicable to this report. ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: File this report. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: ichment No. 1: FY 2012-2013 Annual Action Plan Development Timeline Attachment No. 2: Summary of the 2010-2015 HUD Consolidated Plan Goals and Objectives Attachment No. 1 City of National City FY 2012-2013 Annual Action Plan Development Timeline U.S. Department of HUD CDBG and HOME Programs November 15, 2011 (Tuesday): City Council Presentation on the HUD Consolidated Plan Priorities and Annual Action Plan Process 6:00 pm November 29, 2011 (Tuesday): FY 2012-13 CDBG/HOME Grant Funding Applications Available for Distribution City Hall Clerks Office, Finance Department Counter, and City of National City Website December 6, 2011 (Tuesday): CDBG/HOME Technical Assistance Workshop for Grant Applicants 10:00 a.m.- 12:00 p.m. MLK Center - South Mtg. Room January - March 2012 Drafting of FY 2012-13 Action Plan January 10, 2012 (Tuesday): CDBG/ HOME Application Submission Deadline Due by 2:00 p.m. at the City Clerks Office or at the Finance Department Counter February 7, 2012 (Tuesday): Distribution of CDBG/HOME Grant Application Binders to the City Council February 21, 2012 (Tuesday): CDBG/HOME Program Applicant Presentations 6:00 p.m. City Hall Council Chambers March 20, 2012 (Tuesday): City Council Public Hearing No. 1- Applicant Grant Funding Recommendations (Decision Making Meeting) 6:00 p.m. City Hall Council Chambers March 27, 2012 to April 25, 2012 Mandatory 30-Day Public Review FY 2012-13 Action Plan May 1, 2012 (Tuesday): City Council Final Public Hearing No. 2 - Approval of the FY 2012-13 Action Plan and revised Public Participation Plan 6:00 p.m. City Hall Council Chambers May 14, 2012 (Monday): Submission of the FY 2012-13 Action Plan to HUD Page 1 of 1 Attachment No. 2 FIVE-YEAR CONSOLIDATED PLAN 2010-2015 STRATEGIC HOUSING (H) PLAN PRIORITIES AND OBJECTIVES Priority H-1 Conserve and improve affordable housing Summary: In order to maintain quality structures and living spaces in National City, the City prioritizes single- family and multi -family rehabilitation programs to provide assistance for repairs and rehabilitation, especially for affordable housing stock. Objective 1: Minor Home Rehabilitation Provide funding for minor rehabilitation of 50 units. Objective 2: Ownership Housing Rehabilitation Program Provide funding (loans and rebates) to rehabilitate/repair 15 single-family housing units. Objective 3: Rental Unit Rehabilitation Program Provide loans to owners of rental housing to rehabilitate/repair 12 units, in return for a deed restriction to maintain units affordable Objective 4: Housing Inspection Program Provide funding to assist 150 housing units with housing inspections that will provide technical assistance to property owners with regards to code enforcement and violations. Objective 5: Lead -Based Paint Hazard Reduction Continue to educate residents on health dangers of lead; require testing and lead hazard reduction in conjunction with rehabilitation. Priority H-2 Provide first-time homebuyer opportunities Summary: Develop program that will provide financial assistance through loans and/or grants to help first-time homebuyers. Objective 1: Provide homeownership assistance to 33 households. Priority H-3 Support new affordable housing construction Summary: City will work with for -profit and non-profit housing developers to acquire, rehabilitate, and construct new affordable housing units. Objective 1: Support the rehabilitation and/or construction of 50 affordable housing units. Priority H-4 Promote equal housing opportunity Summary: Contract with the Fair Housing Council of San Diego to perform investigation, reporting, monitoring, tenant counseling, and landlord training on fair housing law. Objective 1: Provide assistance to fair housing counseling and enforcement organizations. Annually evaluate services provided. Seek to assist 250 households. Objective 2: Actively advertise the services provided to National City residents in public locations. Objective 3: Continue to comply with the fair housing planning requirements of CDBG & HOME programs. Page 1 of 3 Attachment No. 2 Priority H-5 Preserve assisted housing at risk of converting to market rate Summary: Two projects with 260 federally assisted units are at risk of converting to market rate. City will implement the following objectives to conserve affordable housing stock at risk of conversion Objective 1: Monitor units at -risk of converting to market rate. Objective 2: Establish contact with agencies interested in purchasing and/or managing units. Objective 3: Work with tenants and provide them with information of other affordable housing opportunities. Objective 4: Assist tenants of at -risk housing to obtain priority status for Section-8 if conversion to market rate. Priority H-6 Support housing and services for homeless and persons at -risk of homelessness Summary: National City if a part of the San Diego Continuum of Care System and addresses homeless issues in the community through the continuum of care model. The National City Housing Authority and CDBG funds can also be used to provide supportive services to the homeless and those at -risk of becoming homeless. Objective 1: Continue to support and participate in the San Diego Continuum of Care System. Objective 2: Coordinate with Emergency Food and Shelter Programs to bring funds into the region. Objective 3: Assist 300 persons by providing assistance to agencies and organizations that provide services to the homeless and/or persons at -risk of homelessness. Identified funding source: Homelessness Prevention and Rapid Re -Housing Program (HPRP) Page 2 of 3 Attachment No. 2 FIVE-YEAR CONSOLIDATED PLAN 2010-2015 STRATEGIC COMMUNITY DEVELOPMENT (CD) PLAN PRIORITIES AND OBJECTIVES Priority CD-7 Provide for new and improve existing community facilities Summary: CDBG funds may be used to improve and expand parks and recreation facilities, to assist in the construction, expansion, and/or rehabilitation of other non -City owned community facilities serving the City's low- and moderate -income population and people with special needs. CDBG funds may also be used for new fire facilities and equipment if needed. In the past, CDBG funds leveraged a Section 108 loan for these purposes. The City's 5-year Capital Improvement Plan (CIP) identifies capital project needs; some of these projects have been identified as priorities for the Consolidate Plan 5-year period, including improvements to be made with regard to ADA compliance. Objective 1: Pursue 3 improvement projects to parks, recreational, and community facilities annually, for a total of 15 projects during the five-year Consolidated Plan period. Objective 2: Continue to prioritize repayment of the Section 108 loan, allocating CDBG funds and program income. Priority CD-8 Provide for needed infrastructure improvements in low- and moderate -income areas Summary: Street and sidewalk improvements are needed in low- and moderate -income areas to support continued investment. In addition, flood control projects have been identified as priorities. Objective 1: Pursue 2 flood control and 15 street improvement projects. Priority CD-9 Provide for needed community and supportive services Summary: The public outreach process identified homeless and emergency food services, senior services, childcare, and especially youth services, and crime awareness/prevention as priority services. Objective 1: Pursue public services for lower -income and special needs populations as identified on a yearly basis. Assist 8,350 persons or households over the five-year Consolidated Plan period. Priority CD-10 Provide for necessary planning activities Summary: To ensure the effective use of limited CDBG and HOME funds, the City must allocate money towards planning and monitoring. Preparation of annual updates allows the City to address the community's changing needs. Continued outreach to low- and moderate -income households should be conducted as part of the CDBG program's required public participation process. Objective 1: Annually review implementation of Consolidated Plan and update Action Plan as necessary. Objective 2: Conduct monitoring of CDBG and HOME funded activities. Objective 3: Ensure understanding of changing community needs through coordination with the Neighborhood Councils. Objective 4: Support efforts to increase volunteerism in the community in order to assist in the removal of blight and increase community engagement. Page 3 of 3 TO: MAYOR AND COUNCIL FROM: CITY MANAGER'S OFFICE SUBJECT: ADDED ITEM Staff is recommending that this item be added to tonight's Council Meeting. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT it ADDED O EM MEETING DATE: November 15, 2011 ADDED ITEM AGENDA ITEM NO. aS ITEM TITLE: A Resolution of the City Council of the City of National City supporting the San Diego Convention Center Phase III Expansion Project. PREPARED BY: Chris Zapata, City Manager DEPARTMENT: PHONE: 619-336-4240 APPROVED BY: EXPLANATION: See Attached. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: (Staff Recommends that the City Council approve the Resolution.':: BOARD / COMMISSION RECOMMENDATION: 1N/A ATTACHMENTS: Resolution!, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT OF THE SAN DIEGO CONVENTION CENTER PHASE III EXPANSION PROJECT San Diego Mayor Jerry Sanders has requested a long term financial commitment to expand the San Diego Convention Center and has requested the Unified Port of San Diego fund $60 million for a period of 20-years for this project. The Port is scheduled to hold a special meeting on November 29, 2011 to discuss and consider this funding request further (It is not known at this time whether the scheduled meeting is going to be an open or closed meeting.) In response, staff is recommending the City Council approve a draft resolution as an added item to the November 15, 2011 agenda. The proposed expansion is expected to generate $698 million of economic activity annually in addition to the $1.3 billion a year the San Diego Convention Center already generates, plus $15 million in new revenues for San Diego and nearly 7,000 permanent jobs. Staff recommends the City Council approve the Resolution which supports the convention center expansion if a proportionate investment is made in other Port cities similar to the 1995 Memorandum of Understanding (MOU) which was drafted and passed when the second phase of the Convention Center was requested. This MOU provided significant resources to the other four South Bay cities and is proposed as a model for this request by San Diego. This proportionate investment would not be in lieu of existing commitments by the Port and would be aimed at helping cities realize projects that generate revenue and quality of life. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING THE SAN DIEGO CONVENTION CENTER PHASE III EXPANSION PROJECT WHEREAS, the cities of National City, Chula Vista, Coronado, Imperial Beach, and San Diego comprise the San Diego Unified Port District; and WHEREAS, the proposed $550 Million expansion of the San Diego Convention Center would increase its size by approximately one-third, and would create the largest contiguous exhibit hall west of the Mississippi River and the largest ballroom of any conventional facility along the West Coast; and WHEREAS, San Diego Mayor Jerry Sander's Citizen Task Force estimates that the proposed expansion is expected to generate $698 Million of economic activity annually in addition to the $1.3 Billion a year the San Diego Convention Center already generates, plus $15 Million in new revenues for San Diego, and nearly 7,000 permanent jobs; and WHEREAS, on October 10, 2011, the San Diego City Council approved a three- tier taxing formula based on proximity to the San Diego Convention Center and percentage of room revenue that is expected to raise a substantial amount of funding needed to pay for the expansion; and WHEREAS, the Mayor of the City of San Diego is requesting a long term financial commitment to expand the San Diego Convention Center, and has requested the Unified Port of San Diego fund $60 Million for a period of 20 years for this project; and WHEREAS, the Unified Port of San Diego will hold a special meeting on November 29, 2011, to discuss and consider this funding request further; and WHEREAS, the City of National City, as a member city of the Unified Port of San Diego, supports the expansion of the San Diego Convention Center and the economic well- being of the region; and WHEREAS, the City of National City supports the San Diego Convention Center expansion if a proportionate increase in the amount of revenue producing/quality of life funding is provided to the four San Diego Unified Port member cities of National City, Chula Vista, Coronado, and Imperial Beach for a 20-year period, similar in concept to the 1995 Memorandum of Understanding between the Unified Port of San Diego and its member cities; and WHEREAS, the expansion of the San Diego Convention Center, along with a parallel Memorandum of Understanding, creates a win for City of San Diego, a win for the Region, and a win for the South Bay cities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby supports the San Diego Convention Center Phase III Expansion Project and a new Memorandum of Understanding for the Unified Port of San Diego member cities. --- Signature Page to Follow --- Resolution No. 2011 — November 15, 2011 Page Two PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE: November 15, 2011 AGENDA ITEM NO. 26 EM TITLE: IA resolution of the Community Development Commission of the City of National City adopting the November 15, 2011 amendment to the Enforceable Obligations Payment Schedule. PREPARED BY: Patricia Beard PHONE: 4255 DEPARTMENT: Redevelopment/ pecial Projects APPROVED BY: EXPLANATION: fThe 2011 California Redevelopment Legislation (AB X1 26 & 27) were approved by the State Legislature on June 15, 2011 and signed into law by the Governor on June 28, 2011. This Legislation, which provides for the statewide dissolution of redevelopment agencies, requires all agencies, including the CDC, to file and Enforceable Obligations Payment Schedule showing required payments through the end of calendar year 2011. The CDC approved its Enforceable Obligations Payment Schedule on August 24, 2011 and amended it subsequently in September and October to remain current with contractual obligations. The proposed November amendment adds payment for a 2011 Tax Allocation Bond -funded grant writing contract with Kimley Horn Associates approved by the City Council on November 1, 2011 and payment of possessory interest taxes on behalf of the National City Historical Society pursuant to the terms of the Lease Agreement by and between the Society and CDC dated " Jgust 19, 2008. FINANCIAL STATEMENT: APPROVED: '/14tA Finance ACCOUNT NO. The approved Kimley Horn contract amounts to $11,610 from account 524-409-500- 598-4135 and the Possessory Interest taxes for the Kimball House Museum amounts to $10,363.74 from account 511-445-460-213-0000. ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Proposed Amended Enforceable Obligations Payment Schedule RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDED ENFORCEABLE OBLIGATIONS PAYMENT SCHEDULE WHEREAS, the Community Development Commission of the City of National City ("CDC") is a public body, corporate, politic, formed, organized, and exercising its powers and existing pursuant to the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq., (the "CRL"), and specifically formed by the City Council of the City of National City; and WHEREAS, continued redevelopment to eliminate blight, improve public facilities and infrastructure, renovate and construct affordable housing, and enter into partnerships with private industries to create jobs and expand the local economy is vital to the health, safety and welfare of the City; and WHEREAS, Parts 1.8, 1.85 and 1.9 of Division 24 of the CRL were added by Assembly Bill x1 26 and Assembly Bill xl 27 (together the "2011 Redevelopment Legislation"), which laws purported to become effective immediately; and WHEREAS, the 2011 Redevelopment Legislation is a part of multiple trailer bills to the Fiscal Year 2011-2012 California budget bills that were approved by both houses of the State Legislature on June 15, 2011, and signed by the Governor on June 28, 2011; and WHEREAS, part 1.85 of the CRL (the "Dissolution Act") added by the 2011 Redevelopment Legislation ("Part 1.85") provides for the statewide dissolution of all redevelopment agencies, including the CDC (but not dissolution of the housing authority thereof), as of October 1, 2011, and provides that, thereafter, a successor agency will administer the enforceable obligations of the redevelopment agency of the CDC and otherwise wind up the CDC's affairs, all subject to the review and approval of an oversight committee; and WHEREAS, Part 1.8 of the CRL added by the Redevelopment Legislation ("Part 1.8") provides for the restriction of activities and authority of the CDC in the interim period prior to dissolution to certain "enforceable obligations" and to actions required for the general winding up of affairs, preservation of assets, and certain other goals delineated in Part 1.8; and WHEREAS, as part of this wind up process, all redevelopment agencies are required to file a schedule of those "enforceable obligations" that require payments to be made through the end of the calendar year 2011 ("Enforceable Obligations Payment Schedule"); and WHEREAS, the dissolution of the CDC would be detrimental to the health, safety and economic well-being of the residents of the City, and would cause irreparable harm to the community because, among other reasons, the redevelopment activities and projects made possible, implemented and funded by the CDC are highly significant and of enduring benefit to the community and the City and are a critical component of the City's future; and WHEREAS, Part 1.9 of Division 24 of the CRL added by the 2011 Redevelopment Legislation ("Part 1.9") provides that a redevelopment agency may continue in operation if a city or county that includes a redevelopment agency adopts an ordinance agreeing to comply with and participate in the Alternative Voluntary Redevelopment Program established in Part 1.9; and Resolution No. 2011 — November 15, 2011 Page Two WHEREAS, pursuant to Part 1.9, Parts 1.8 and 1.85 of Division 24 of the CRL, which include the Enforceable Obligations Payment Schedule requirement, will not apply to the CDC if the City enacts the ordinance to participate in the Alternative Voluntary Redevelopment Program, which allows a community's redevelopment agency to continue operating, without the constraints of California Health and Safety Code Section 34161, et seq.,; and WHEREAS, on August 2, 2011, the City Council of the City of National City adopted Ordinance No. 2011-2365 (the "Ordinance") authorizing the City to participate in the Alternative Voluntary Redevelopment Program in order to allow the CDC to continue in operation and performing its functions; and WHEREAS, on July 18, 2011, the California Redevelopment Association, League of California Cities, City of Union City, City of San Jose, and John F. Shirey filed a petition for Writ of Mandate; Application for Temporary Stay, and supporting memorandum and declarations with the Supreme Court of the State of California (the "Petition"); and WHEREAS, on August 11, 2011, the California Supreme Court agreed to review the Petition challenging the constitutionality of the 2011 Redevelopment Legislation and ordered a stay (the "Supreme Court Stay") relative to specified portions of the 2011 Redevelopment Legislation; and WHEREAS, on August 17, 2011, the California Supreme Court revised the Supreme Court Stay; and WHEREAS, the Supreme Court Stay postponed certain provisions of the 2011 Redevelopment Legislation indefinitely, but left in place provisions prohibiting redevelopment agencies from making any payments after the date that is sixty (60) days from the effective date of the Dissolution Act, other than debt service payments and payments listed on an adopted Enforceable Obligation Payment Schedule; and WHEREAS, on August 24, 2011, the CDC approved its Enforceable Obligation Payment Schedule ("EOPS"); and WHEREAS, consistent with and pursuant to both the 2011 Tax Allocation Bond issuance and the Cooperation Agreements between the CDC and the City, the City approved one contract related to the Hoover Avenue Pocket Park on November 1, 2011; and WHEREAS, the CDC and the city of National City previously entered into the Property Management Agreement for property management services, which included management of the Kimball House and its Museum; and WHEREAS the CDC is in receipt of a possessory interest tax bill it is obligated to pay immediately for the use and contents of the Kimball House Museum; and WHEREAS, it is desirable to amend the EOPS to identify these two obligations; and Resolution No. 2011 — November 15, 2011 Page Three WHEREAS, subject to the contingencies and reservations set forth herein, the CDC nevertheless desires to adopt an amended Enforceable Obligations Payment Schedule, and to amend it from time to time as necessary; and WHEREAS, the CDC, by adoption of this Resolution, does not represent, disclaim, or take any position whatsoever on the issue of the validity of the 2011 Redevelopment Legislation, but rather the CDC seeks to comply with the Constitution and the laws of the State of California, including the 2011 Redevelopment Legislation, in order to preserve the ability of the CDC to continue to operate and perform its obligations and thereby benefit the community; and NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of National City as follows: Section 1. Section 2. Section 3. Section 4. The foregoing Recitals are true and correct, and incorporated into this Resolution by this reference, and constitute a material part of this Resolution. Pursuant to California Health and Safety Code Section 34169, the CDC hereby adopts an amended Enforceable Obligations Payment Schedule, as described herein, and subject to all the reservations set forth in that resolution adopting the EOPS on August 24, 2011. The Enforceable Obligations Payment Schedule is that "Enforceable Obligations Payment Schedule" referred to in Health and Safety Code Section 34169(g) and shall be interpreted and applied in all respects in accordance with such section and the California Redevelopment Law, to the fullest extent permitted by law. However, the Enforceable Obligations Payment Schedule shall only be applicable to and binding on the CDC to the extent that Part 1.8 of the 2011 Redevelopment Legislation is applicable to the CDC. To the extent that Part 1.8 is not applicable to the CDC, whether because of the City's enactment of the Ordinance or for any other reason, the amended Enforceable Obligations Payment Schedule shall not be binding on or control the CDC's payments on or performance of its obligations. The Executive Director, or designee, is hereby authorized and directed to: (i) post the amended Enforceable Obligations Payment Schedule on the City's website; (ii) notify the County Auditor -Controller, the State Controller, and the State Department of Finance; and (iii) take such other actions and execute such other documents as are necessary to effectuate the intent of this Resolution and to implement the amended Enforceable Obligation Payment Schedule on behalf of the CDC. The Executive Director of the CDC is hereby authorized and directed to evaluate potential amendments to the Enforceable Obligations Payment Schedule from time to time as may be appropriate, and to recommend to the Board of the CDC the adoption of those amendments necessary for the continued payment on and performance of enforceable obligations. Resolution No. 2011 — November 15, 2011 Page Four Section 5. This Resolution shall in no way be construed as requiring the City to abide by the 2011 Redevelopment Legislation in the event either, or both, bills are found unconstitutional or otherwise legally invalid in whole or in part, nor shall this Resolution effect or give rise to any waiver of right or remedies the City may have, whether in law or in equity, to challenge the 2011 Redevelopment Legislation. This Resolution shall not be construed as the City's willing acceptance of, or concurrence with the 2011 Redevelopment Legislation, either ABx1 26 or ABx1 27; nor does this Resolution evidence any assertion or belief whatsoever on the part of the City that the 2011 Redevelopment Legislation is/are constitutional or lawful. Section 6. The Secretary shall certify to the adoption of this Resolution, which shall take effect upon the date of its adoption. PASSED and ADOPTED this 15th day of November, 2011. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia Gacitua Silva CDC General Counsel City of National City Enforceable Obligations Schedule Amended Date: November 15, 2011 Project Name/Obligation Payee(s) Description Total Payment Amount Payment Date Thru December 31, 2011 August September October November December 1 WI-TOD (DDA for 201-unit Affordable Transit -Oriented Housing project) Paradise Creek Housing Partners Pre -development loan $ 3,741,600.00 $60,000.00 $ 181,500.00 5 181,500.00 $181,500.00 WI-TOD City of National City Public Works relocation $ 61,901.50 5 12,380.30 $12,380.30 $ 15,475.38 $ 15,475.38 $15,475.38 WI-TOD E2 ManageTech Remediation planning $ 127,004.38 $ 3,000.00 $6,004.38 $ 3,000.00 $ 10,000.00 $7,000.00 WI-TOD City of National City/DTSC Environmental oversight $ 74,994.00 $ 3,124.75 $ 3,124.75 $3,124.75 WI-TOD City of National City (Opper & Varco) Environmental outside counsel $ 19,500.00 $ 1,625.00 $ 1,625.00 $1,625.00 2 5R54 and National City Rlvd Infrastructure Improvements City of National City Off ramp and street improvements necessary to redevelop "RCP Site" APN 4562-321-08 $ 2,500,000.00 3 Capital Improvement Projects 8th St Safe Routes to School City of National City (Harris & Associates) Matching funds - state grant $ 211,466.00 $ 42,289.20 5 42,289.20 $ 42,289.20 $ 42,289.20 $ 42,289.20 D Ave Roundabout & Pedestrian Enhance City of National City (Kimley-Horn) Street improvement design $ 202,684.50 $ 40,536.90 $ 40,536-90 $ 40,536.90 $ 40,536.90 $ 40,536.90 Coolidge Avenue Safe Routes to School City of National City (Kimley-Horn) Design -federal grant match $ 184,159.00 $ 36,831.80 $ 36,831.80 $ 36,831.80 $ 36,831.80 $ 36,831.80 Las Palmas Park Facilities Plan City of National City (Kimley-Horn) Design - park improvements $ 166,260.40 $ 33,252.08 $ 33,252.08 $ 33,252.08 5 33,252.08 $ 33,252.08 Hoover Avenue Pocket Park City of National City (Kimley-Horn) Grant writing- bond funded $ 11,610.00 $11,610.00 Kimball Park Improvements City of National City (Kimley-Horn) Park improvements -design $ 156,998.10 $ 31,399.62 $ 31,399.62 $ 31,399.62 $ 31,399.62 $ 31,399.62 Aquatic Center Safdie Rabines Architects Architectural services $ 17,616.50 $17,616.50 Aquatic Center Project Professionals Corporation Project Management, bid support $ 12,000.00 $12,000.00 Aquatic Center Port of San Diego Rent $ 30.00 $30.00 Aquatic Center City of National City Building permit $ 12,317.35 $ 12,317.35 $108,930.23 $ 108,930.23 $ 16,590.73 $16,590.73 4 Bond Obligations Duetsche Bank National Trust Co. and Bank of New York Priniciple and Interest Payments and Disclosure 1999 $ 329,425.00 $ 164,712.00 2004 $ 491,130.00 $ 245,565.00 2005 5 4,225,443.00 $ 2,112,721.50 2011 $ 1,055,763.00 $ 527,881.50 5 Low -Mod Housing Set -aside City of National City Allocation of 20% of property tax increment to affordable housing programs and projects $ 2,467,834.00 $1,233,917.00 6 ABX1 27 State of California Payment to State of California to reinstate RDA $ 4,869,134.00 "appeal has been filed 7 Payments to other Governments Lower Sweetwater County of San Diego County of San Diego Office of Education Southwestern College City of National City National City Elementary District Sweetwater Union District MWD SDCWA Fiscal agent fees City of National City CWA National City Ad min Fees - $ 1,433.00 $ 166,400.00 $ 763,264.00 $ 287,403.00 $ 268,708.00 $ 609,984.0C $ 70,111.00 $ 42,899.00 5 5,837.00 $ 10,000.00 $ 1,852,145.00 $ 5,754.00 $ 154,345.52 $154,345.52 $ 154,345.52 $ 154,345.52 $154,345.52 EXHIBIT A City of National City Enforceable Obligations Schedule Amended Date: November 15, 2011 Project Name/Obligation Payee(s) Description Total Payment Amount Payment Date Thru December 31, 2011 August September October November December 8 Loan CalREUse Loan for investigation of brownfield site 835 Bay Marina Dr - $ 32,694.00 9 Property Management CDC properties Kimball House National City Historical Society & County of San Diegc Annual payment per lease agreement, possessory interest tax $ 15,363.74 $ 5,000.00 $10,363.74 CDC properties in perpetuity EDCO Trash hauling all RDA owned properties $ 1,895.00 $ 104.75 $104.75 $ 104.75 $ 104.75 $104.75 Temporary Aquatic Center Power Plus Rental of temporary power poles $ 3,000.00 $ 195.00 $195.00 $ 195.00 5 195.00 $195.00 CDC properties in perpetuity SDG&E Electricity & gas for RDA properties $ 4,827.63 5 402.30 $402.30 $ 402.30 $ 402.30 $402.30 Old Library redevelopment Stanley Sonitrol Fire alarm monitoring $ 485.40 $ 242.70 CDC properties Sweetwater Authority Water including irrigation RDA properties $ 14,960.64 $ 1,250.00 $1,250.00 $ 1,250.00 $ 1,250.00 $1,250.00 Palm Plaza National Construction Rental Temporary fending of RDA site 5 790.70 10 Administrative Expenses City of National City Staff and M & 0 admin charges $ 1,508,878.60 $ 125,739.89 $125,739.89 5 125,739.89 $ 125,739.89 5125,739.89 County of San Diego Environmental Oversight Remediation and Testing for Education Village, ACE, 2501 Cleveland, 835 Bay Marina Drive $ 182,415.00 51,800.00 51,800.00 GeoSyntec Consultants $ 15,000.00 $2,000.00 $ 500.00 $ 15,000.00 $500.00 Port of San Diego Joint Planning $ 31,696.00 $ 31,696.00 GeoSyntec Consultants PSI Environmental Investigation $ 59,946.00 Project Professionals Corporation Marina Gateway Streetscape $ 2,500.00 $ 2,500.00 Tierra West Advisors RDA Plan Amendment 5 18,059.00 Best Best & Krieger, LLP Litigation Support $ 134,000.00 $ 59,000.00 $ 37,500.00 $37,500.00 Carolyn St Clair Award Display Box $ 826.55 5826.55 Federal Express Delivery Service $ 900.00 $ 21.00 $21.00 $ 35.00 $ 35.00 $21.00 Kane, Ballmer, & Berkman Legal support for state actions on Redevelopment $ 11,248.53 56,500.00 Sohagi Law Group General Plan Update, Litigation $ 114,000.00 $20,000.00 $20,000 $20,000 $20,000.00 Keagy Real Estate Appraisal Services for Westside Amortization $ 15,000.00 $ 15,000.00 PGP $ 15,000.00 $ 15,000.00 Ken Carpenter $ 15,000.00 $ 15,000.00 Keyser Marston Associates Economic Analysis per 33433 $ 50,000.00 Highland Park, LLC Legal settlement, Purple Cow $ 64,000.00 Opper & Varco, LLP Litigation Support for Education Village $ 13,000.00 $ 1,300.00 $2,000.00 $ 1,500.00 $ 1,500.00 $1,500.00 Christensen & Spath, LLP Litigation Support for ARE Holdings 5 110,400.00 $ 9,200.00 $9,200.00 $ 9,200.00 $ 9,200.00 $9,200.00 San Diego Clipping Service Record Keeping $ 706.50 City of San Diego Admin services for SD Regional Enterprise Zone 5 51,000.00 $ 51,000.00 Union Tribune Public Noticing $ 10,000.00 Yolanda Teresa Lopez Urban Futures Translation and Interpretation Services $ 450.00— - Financial and bond adviser $ 40,000.00 $ 3,333.34 $ 3,333.34 $3,333.34 Total All Pages $ 27,505,852.02 $ 3,660,641.71 $725,656.02 $ 870,237.42 $ 833,504.36 $2,007,710.92 EXHIBIT A 2 ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT November 15, 2011 AGENDA ITEM NO.2'7 ITEM TITLE: Investment Report for quarter ended September 30, 2011. PREPARED BY: Arnold Ocana DEPARTMENT: PHONE: 619-336-43421 APPROVED BY: EXPLANATION: See attached report. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Staff certifies that there are sufficient funds to meet the CDC's financial needs. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File the CDC's Investment Report for the Quarter ended September 30, 2011. BOARD / COMMISSION RECOMMENDATION: N/A 'ACHMENTS: 1 — Background/Investment Overview 2 — Portfolio Summary — Quarter ended September 30, 2011. ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment report to the Community Development (CDC) Chairman and members within 30 days following the end of the quarter that consists of the following information: ➢ Type of investment or description, Issuers (bank or institution), Y Dollar amount, Interest rate, Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the CDC's compliance with it's investment policy and include a statement on the CDC's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The CDC investments most of its funds the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Due to the current circumstances of the economy and the market conditions, LAIF return has been plunging for the last 48 months. For the month ended September 30, 2011, LAIF's monthly average effective yield was 0.378%. The investment of debt service reserve funds, the 1999, 2004, 2005 and 2011 Tax Allocation Bonds, and the HUD Section 108 Loan Program funds are controlled by the designated fiscal agent. The reserve funds account for 80.44% of the CDC's portfolio. Federal Agency Securities account for 3.37% of the investment portfolio. The average rate of return is 1.866% The investment portfolio has the ability to meet the CDC's financial needs. SUMMARY OF INVESTMENT PORTFOLIO As of September 30, 2011 INVESTMENTS HELD BY THE CDC OF NATIONAL CITY Investment Type Book Value % of Market Value Portfolio LAI F Federal Agency Securities Cash with Fiscal Agent Totals for September 2011 Totals for September 2010 Portfolio decrease from same quarter last year Cash with Fis Agent 80.44% Investments Liquidity 8,396,694.57 1,749,625.00 41,717,594.85 8,412,208.24 1,752,552.50 41,717,594,85 16.19% 3.37% 80.44% 51, 863,914.42 51,882,355.59 100.00% 15,188,693.39 36,675,221.03 LAIF 16.19% Federal Agency Securities 3.37% Book Value % of Portfolio On Demand One Year Within One to Five Years Cash with Fiscal Agent 8,396,694.57 0.00 1,749,625.00 41,717,594.85 16.19% 0.00% 3.37% 80.44% 51,863,914.42 100.00% Community Development Commission of National City Finance Department Investments CDC OF NATIONAL CITY Portfolio Management Portfolio Summary September 30, 2011 Par Market Book % of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. LAIF 8,396,694.57 8,412,208 24 8,396 694.57 16. 19 1 1 0.373 0.378 Federal Agency Coupon Securities 1,750,000. 00 1 752,552.50 1,749 625.00 3.37 1. 826 1 548 1.840 1.866 Treasury Coupon Securities 822,219.0a 822,219.00 822,219.00 1.59 1 099 532 1.007 1 021 Cash with Fiscal Agent 40 895,375.85 40,895,375 85 40,805,375.85 78. 85 1 1 0 000 0 000 Investments Total Earnings Current Year Average Daily Balance Effective Rate of ReturO" 51,864,289.42 51,882,355.59 September 30 Month Ending 7,474.96 52,363,914.42 0.17% Tina Norrdin Finanlal Services Officer -- Reporting period 09/01/2011-09/3012011 Run Dale. 11/03,20' 1 . 15.15 Fiscal Year To Date 32,593.61 51,863,914.42 100.00% 79 62 0.138 0.140 Port`olio CDC1 CP PM (PRr_PM1) SymPept 6 41 202b Repon Ver 5 00 CUSIP Investment # Issuer Average Balance CDC OF NATIONAL CITY Portfolio Management Portfolio Details - Investments September 30, 2011 Purchase Date Par Value Market Value Page 2 Stated YTM YTM Days tc Maturity Book Value Rate 360 365 Maturity Date LAI F SYS10006 10006 LAIF Subtotal and Average Federal Agency Coupon Securities 313372TR5 3136FPYSO 3136FPB22 10030 10023 10024 Treasury Coupon Securities S35399880 S35399910 S35399920 S35399940 S35399970 Federal Hc,re Loan Bank Federal National Mtg Assn Federal National Mtg Assn 8,396.694.57 Subtotal and Average 2,249,625,00 10033 FEDERAL RESERVE BANK NYC 10034 FEDERAL RESERVE BANK NYC 10035 FEDERAL RESERVE BANK NYC 10036 FEDERAL RESERVE BANK NYC 10037 FEDERAL RESERVE BANK NYC Subtotal and Average 822,219.00 Cash with Fiscal Agent SYS10013 10013 National City 2004 TAB SYS10014 10014 NaI onal City 2004 TAB SYS100115 10015 Nat.onal City 2004 -AB SYS10016 10016 Natonal City 2004 TAB SYS10010 10010 NaVonal City 2005A TAB SYS10011 10011 National City 2005A TAB SYS10012 10012 National City 2005A TAB SYS10028 10028 National City 2005A TAB SY510008 10008 National City 2005B TAB SYS10009 10005 National City 2005E TAB SYS10027 10027 National City 20058 TAB SYS10039 13039 National City 2011 TAB SYS10040 10040 National City 2011 TAB SYS10041 10041 National City 2011 TAB SYS10042 10042 National City 2011 TAB SYS10020 10020 National City 1999 TAB Reserve SYS10029 10029 National City 1999 TAB Reserve SYS10038 10038 HUD-108 NC DEFEASANCE CASH 03114/201/ 11123/2010 11/3012010 06/11/2010 C6/11/2010 C6/11/2010 C6/11/2010 06/11/2010 8,39,6,694.57 8.412,208.24 8,396,694.57 8,412,208.24 500.000.00 503,395.00 750.000.00 749,287,50 500,000.00 499,870.00 1,750,000.00 1,752, 552.50 10,910.00 10,910.00 2290,939. CO 290,939. CO 5,491 00 5,491. CO 310,518.00 3'0.518.00 204,361 CO 234,361 00 8.396 694.57 0 378 0 373 C 378 8,396,694.57 0.373 0.378 500,000. 00 2 640 2 604 2 640 749,525.00 1.250 1.243 1 260 500,000.00 2 000 1.973 2 C30 1,749,625.00 1,626 03/14/2016 1,514 11/23/2015 1,521 11/30/2015 1.840 1.866 1,548 10,910.00 0.530 0.523 0.530 290,939.0G 0 740 0.730 0 740 5.491. 00 0.970 0.957 0.970 310,518.00 1 190 1 174 1 190 204,361 00 1 190 1.174 1 190 822,219.00 822,219.00 35,623. 06 35,623.06 07101/2011 0.16 015 07)01/2011 000 0 00 07/01/2C11 0.00 0 OD 07/01/2011 2.345,042.08 2 345,042 08 07/01/2011 000 0.00 07/01/2011 0.00 0 00 07/01/2011 0.00 003 07/01/2011 0.00 0 CO 07/01/2011 0.00 000 07/01/2011 0.00 0 CO 07/01/2011 33,977,578 46 33 977,576 46 37/01/2011 4 201,067. 55 4.201,067. 55 07/01/2011 0.00 0 CO 37/27/201 1 0 00 0 CO 333.287. 50 333,287 50 07/01/2011 0.00 0 CO 07/01/2011 2,777.04 2,777.04 123 305 489 670 670 822, 219.00 1.007 1.021 532 35,623.06 3.000 0.000 0 16 0.000 0.CD0 0.00 0.000 0 COO 0 00 0.000 0 000 2,345,.042.0E 0.000 0 000 0.00 3.000 0 000 0106 0 000 0 000 0 00 .0 000 0 000 0 0C 0. 000 0 000 0.00. C.000 0.000 O.00 0 000 0.000 33.977.576 46 0 000 0 000 4,201.067. 55 0.000 0 000 0.0C 0.000 0.000 O. OC 0.000 0 000 333,287. 50 0 000 0 000 0.0C 0 000 0.000 2,777.04 0.000 0 000 32/01/2012 08/01/2012 02/01 /2013 08/01/2013 08/01/2013 Portfolio CDC1 CP Run Date. 11/03/2011 - 15.15 P'V7 jPRF_oM21 cymRent 6.41.2026 TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT November 15th, 2011 AGENDA ITEM NO. 28 ITEM TITLE: ,Authorize the reimbursement of Community Development Commission expenditures in the amount of $88,571.79 to the City of National City for the period of 10/12/11 through 10/18/11 PREPARED BY: K. Apalategui DEPARTMENT: ! Fin. i e PHONE: 1619-336-4331, APPROVED BY: 4 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: a/ Finance ACCOUNT NO. APPROVED: MIS Approve the reimbursement of funds to the City of National City in the amoun of $88,571.79, ENVIRONMENTAL REVIEW: N//N ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A ACHMENTS: Warrants for the period of 10/12/11 through 10/18/11 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #16 10/18/2011 PAYEE CHRISTENSEN & SPATH LLP EQUIFAX INFORMATION SVCS JOBS AVAILABLE INC NAN MCKAY AND ASSOC INC NATIONAL CITY HISTORICAL SOCIE OPPER & VARCO LLP SAN DIEGO TROLLEY INC U.S BANK VERIZON WIRELESS PAYROLL Pay period Start Date 21 9/20/2011 DESCRIPTION LEGAL SERVICES / ARE HOLDING EQUIFAX INFO SVCS / SEC 8 MEMBERSHIP RENEWAL / REDEV SECTION 8: UPDATES & REVISIONS REIMB TO PUBLICIZE KIMBALL HOUSE CONSULT SVCS/ ED VILLAGE/GEN TROLLEY FLAGGING SERVICES / NSD CREDIT CARD EXPENSES / REDEV VERIZON CELL PHONE SVCS / SEC 8 OTHER DISBURSEMENTS PAID WITH CDC FUNDS SECTION 8 HAPS PAYMENTS End Date 10/3/2011 Start Date 10/12/2011 Check Date 10/12/2011 CHK NO DATE AMOUNT 244002 10/18/11 13, 530.00 244003 10/18/11 81.33 244004 10/18/11 39.00 244005 10/18/11 224.00 244006 10/18/11 5,000.00 244007 10/18/11 76.50 244008 10/18/11 106.24 244009 10/18/11 4.00 244010 10/18/11 273.71 A/P Total $ 19,334.78 69,237.01 Total disbursements paid with City's Funds $ 88,571.79 End Date 10/18/2011 4,427.01 GRAND TOTAL $ 92,998.80 TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT November 15�'' 2011 AGENDA ITEM NO. 9 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $89,615.87 to the City of National City for the period of 10/19/11 through 10/25/111 PREPARED BY: K. Apalateguil DEPARTMENT: F. - c 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: APPROVED: ACCOUNT NO. APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $89,615.87' ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A 'ACHMENTS: 1arrants for the period of 10/19/11 through 10/25/11 G/k1:�F0EiNIA. NA, Ty �—� '- nircoRI'ORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #17 10/25/2011 PAYEE DESCRIPTION CHK NO DATE AMOUNT DESROCHERS RETIREE HEALTH BENEFITS / NOV 11 244088 10/25/11 110.00 DIXIELINE BUILDERS LOAN / HOME PROGRAM REHAB - RADER 244089 10/25/11 42,685.00 KANE BALLMER & BERKMAN LEGAL SERVICES / TROUGH 9/30/11 244090 10/25/11 75.00 N C CHAMBER OF COMMERCE REVOLVING LOAN FUND 244091 10/25/11 250.00 OPPER & VARCO LEGAL SVCS / AUG 2011 244092 10/25/11 2,625-50 POWER PLUS EQUIPMENT RENTAL (POWER POLES) 244093 10/25/11 195.00 PRO BUILD MOP# 45707- PAINTING SUPPLIES/NSD 244094 10/25/11 206.16 PROJECT PROFESSIONALS CORP. PROFESSIONAL SVCS/AQUATIC CENTER 244095 10/25/11 3,956.25 PRUDENTIAL OVERALL SUPPLY MOP# 45742. LAUNDRY SERVICES/NSD 244096 10/25/11 41.61 SAFDIE RABINES ARCHITECTS PROFESSIONAL SVCS/AQUATIC CENTER 244097 10/25/11 29,426.06 SDG&E GAS AND ELECTRIC UTILITIES / CDC 244098 10/25/11 130.40 SWEETWATER AUTHORITY WATER UTILITIES / CDC 244099 10/25/11 380.76 KAISER FOUNDATION HEALTH PLANS KAISER INS ACTIVE NOV 2011 244181 10/25/11 44.13 URBAN FUTURES FINANCIAL ADVISORY SERVICES 244250 10/25/11 9,490-00 AIP Total $ 89,615.87 Total disbursements paid with City's Funds $ 89,615.87 GRAND TOTAL $ 89,615.87 ITEM #30 11/15/11 REPORT - CITY-WIDE CLEAN-UP (PUBLIC WORKS) ITEM #31 11/15/11 CLOSED SESSION REPORT (CITY ATTORNEY)