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Home My WebLink About2012 11-20 CC HA AGENDA PKTAgenda of A Regular Meeting - National City City Council/Community Development Commission - Housing Authority of the City of National City Council Chambers 1243 National City Boulevard National City, California Regular Meeting — Tuesday — November 20, 2012 — 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 of the City of National City 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 of the City of National City 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 of the City of National City action must be brought back on a subsequent Council of the City of National City 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 Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espaiiol se proporciona durante sesiones del Consejo Municipal. Los audidfonos esten disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings National City City Council /Community Development Commission/Housing Authority CITY COUNCIL PRESENTATIONS 11/20/12 - Page 2 1. Employee of the Month of November, 2012 — Eduardo Sanchez, Fire Inspector, Fire Department 2. Old Town Reunion Committee Update on 2012 Reunion 3. Communities of Excellence Presentation — Rocina Lizarraga, CX3 Project Coordinator, County of San Diego, Health & Human Services Agency INTERVIEWS/APPOINTMENTS 4. Interviews and Appointments: San Diego Port Commissioner Re -Appointment (City Clerk) CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 5. Approval of the Minutes of the Adjourned Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of October 30, 2012. (City Clerk) 6. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) National City City Council /Community Development Commission/Housing Authority 11/20/12 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City authorizing the City Manager to: (1) execute the contract with West -Tech Contracting in the not -to - exceed amount of $37,245 for the removal of Underground Storage Tank System and Storm Water Interceptor System as mandated by the Department of Environmental Health, Specification No. 12-08, (2) authorize the City Manager to execute any Change Orders within the budget amount necessary to complete the project, and (3) approve an appropriation of $85,000 to fund the contract and fund any unforeseen changes. (Funded by General Fund) (Development Services/Engineering) 8. Resolution of the City Council of the City of National City approving Amendment No. 1 to the Agreement by and between the City of National City and Chevron Environmental Management Company extending the Agreement expiration date to November 23, 2014 for Monitoring Well (W-27) encroachment of the alley between Roosevelt and Hoover Avenues, south of 8th Street (City right-of-way) for continuing monitoring. (Engineering) 9. Temporary Use Permit — Request from Iglesia Cristiana Fuego de Dios to host One World musical concert at Kimball Park on December 12, 2012 from 6 p.m. to 9 p.m. with no waiver of fees. (Neighborhood Services) 10. Temporary Use Permit — Christmas Tree Lighting hosted by the Community Services Department on December 13, 2012 from 5 pm to 8 pm at Morgan Square, between "A" Avenue and National City Boulevard. This is a City sponsored event under Policy No. 804. (Neighborhood Services) 11. Investment Report for Quarter ended September 30, 2012. (Finance) 12. WARRANT REGISTER #15 Warrant Register #15 for the period of 10/03/12 through 10/09/12 in the amount of $605,558.32. (Finance) National City City Council /Community Development Commission/Housing Authority 11/20/12 - Page 4 CONSENT CALENDAR (Cont.) 13. WARRANT REGISTER #16 Warrant Register #16 for the period of 10/10/12 through 10/16/12 in the amount of $1,242,583.44. (Finance) 14. WARRANT REGISTER #17 Warrant Register #17 for the period of 10/17/12 through 10/23/12 in the amount of $1,131,500.23. (Finance) 15. WARRANT REGISTER #18 Warrant Register #18 for the period of 10/24/12 through 10/30/12 in the amount of $1,271,451.35. (Finance) PUBLIC HEARING 16. Public Hearing to consider adoption of Resolutions amending Resolution Nos. 2011-248, 2011-249, and 2011-250, 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) (City Attorney) **Companion Items #18, #19, #20** ORDINANCE FOR INTRODUCTION 17. An Ordinance of the City Council of the City of National City amending Title 11, Chapter 11.16, Section 11.16.010 — Speed Zones Designated of the National City Municipal Code establishing speed limits on various streets based on certified Engineering and Traffic Surveys. (Engineering) National City City Council /Community Development Commission/Housing Authority 11/20/12 - Page 5 NON CONSENT RESOLUTIONS 18. Resolution of the City Council of the City of National City amending Resolution No. 2011-248, Resolution of Necessity for the Acquisition of Real Property for the Plaza Boulevard Street Widening Project (Nagraj, Inc., APN 557-410-19). (City Attorney) **Companion Items #16, #19, #20** 19. Resolution of the City Council of the City of National City amending Resolution No. 2011-249, Resolution of Necessity for the Acquisition of Real Property for the Plaza Boulevard Street Widening Project (Todd AI-Bayati/Samiya Abdul Sattar Kaddory, APN 557-420-30). (City Attorney) **Companion Items #16, #18, #20** 20. Resolution of the City Council of the City of National City amending Resolution No. 2011-250, Resolution of Necessity for the Acquisition of Real Property for the Plaza Boulevard Street Widening Project (Artemio P. Puedan/Flora O. Puedan, APN 557-410-05). (City Attorney) **Companion Items #16, #18, #19** NEW BUSINESS 21. Temporary Use Permit — Request from North Star Gas LTD Company to operate a temporary transfer site at 2101 Tidelands Avenue from December 8, 2012 to December 8, 2013 with no waiver of fees. (Neighborhood Services) **THIS TEMPORARY USE PERMIT WILL INCLUDE A POWERPOINT PRESENTATION** 22, Report of the City of National City implementation of the State of California $1.00 fee for new local business licenses and renewals to fund programs related to ADA access as mandated by Senate Bill No.1186 (SB1186) Business License. (Finance) 23. Staff Report — Draft letter welcoming and encouraging new residents to participate in City government. (Housing & Grants) National City City Council /Community Development Commission/Housing Authority 11/20/12 - Page 6 COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY 24. Resolution of the Community Development Commission - Housing Authority of the City of National City authorizing the Chairman to execute a Subordination Agreement allowing a new mortgage not -to -exceed $155,000 to be and remain a lien prior and superior to a first-time home buyer assistance loan on a single - unit property located in National City. (Housing and Grants) STAFF REPORTS 25. Vehicle and Pedestrian Access to National City Public Library. (Engineering) 26. $2.5 million Prop 84 Storm Water Grant Award — "A" Avenue Green Street and Pedestrian Pathway Project. (Engineering) 27. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting — Tuesday — December 4, 2012 — 6:00 p.m. - Council Chambers — National City, California. (PLEASE SEE ATTACHED MODIFIED CITY COUNCIL MEETING SCHEDULE) COPIES OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.aov OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Della, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax September 24, 2012 TO: The Mayor and Members of the City Council FROM: Michael Dalla, City Clerk 4' SUBJECT: City Council Meeting Schedule — October 2012 through January 2013 The upcoming November Municipal Election and the City Council approved work furlough and holidays will result in a modified meeting schedule for the period of October 2012 through January 2013. It is recommended that the City Council approve the following meeting schedule in order to permit proper planning and advance notice to the public. • October 16 Regular Meeting • October 30 Adjourned Regular Meeting • November 06 Election Day (no meeting) • November 20 Regular Meeting • December 04 Regular Meeting • December 18 Regular Meeting • January 01 Holiday (no meeting) • January 15 Regular Meeting -- CALIFORNIA MEMORANDUM November 5, 2012 TO Leslie Deese, C. anager FROM Stacey Stevens n, irector of Administrative Services SUBJECT EMPLOYEE OF THE MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in November 2012 is Eduardo Sanchez — Fire Inspector By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, November 20, 2012 to be recognized for his achievement and service. Attachment cc: Eduardo Sanchez Frank Parra — Director of Emergency Services Josie Flores -Clark — Executive Assistant Human Resources — Office File SS: lgr Performance Recognition Program (2) Human Resources Department 140 E. 12th Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov City of National City Performance Recognition Program Eduardo Sanchez The National City Fire Department has selected Eduardo "Eddy" Sanchez as the recipient of the November Employee of the Month Award. Mr. Sanchez is a graduate of Sweetwater High School and completed his Associates Degree in Fire Science at Southwestern Community College as well as completing Southwestern's Wildland Academy. Following his graduation from the Academy Eddie was a seasonal appointment to the U.S. Forest Service where he spent 4 seasons fighting wildland forest fires throughout California. Mr. Sanchez has worked for the National City Fire Department for over 5 years. He started as a Volunteer Reserve Fire Inspector on April 25, 2007. As a Volunteer Fire Inspector, Mr. Sanchez showed incredible responsibility and ownership of his role. He was dedicated to his volunteer position provided many hours to serving the City Of National City. His dedication and ever increasing knowledge of business fire safety inspections in National City have led to a full time limited term position as a Fire Inspector. Eddie has been given the responsibility to organize and assume control of all Fire Department new business license inspections. As a result of his tenacity all new business license applications are now being processed within 5 days after receipt of the application by the Fire Department. In addition he has assumed responsibility for safety inspections of all schools in the National School District and has already, since the beginning of the current school year, completed inspections in 11 public, 2 private elementary schools, 2 middle/junior high schools and at Sweetwater High School. Mr. Sanchez is reliable, dedicated Bilingual and a true pleasure to work with. He has proven to be an outstanding member of the Fire Department and we are proud to recognize him as Employee of the Month. ITEM #2 11/20/12 OLD TOWN REUNION COMMITTEE UPDATE ON 2012 REUNION ITEM #3 11/20/12 COMMUNITIES OF EXCELLENCE PRESENTATION - ROCINA LIZARRAGA, CX3 PROJECT COORDINATOR, COUNTY OF SAN DIEGO, HEALTH & HUMAN SERVICES AGENCY A Snapshot of Our Community, Clk•I Town Neighb .rhood 3 CHAMPIONS for CHANGE Network for a Healthy California * Excellence in Nuton, Physical Activity and ObesityPrevention (CX3) • Assessments donein Old Town • Looks at the Nutr al Environment * Identifies opportunities for 50 PERCENT Healthy, Safe & Thriving! • • County of San Diego Health & Human Se•rvices Agency Live Weg 5ar7 Diego! 3 BEHAVIORS DISEASES Assess ibility to healthy food Ikability to and from food outlet; rice, promotion and availability of fo *Nutrition Information *Exterior and Interior Advertising Assessed neighborhood: Old town Boundaries: West Plaza Boulevard to Mile of Cars Way Interstate 5 to National City Boulevard Why are we looking at Old Town? • The FITNESSGRAM Test results in National School District: • 46.7% of the students are in the district • 50% of the students at Kimball Elementary are overweight or obese • National City has the most concentration of food banks and emergency food outlets in the South Region. • The population of this area is below the Federal Povyy Level The population rate is higher than the food stores and markets available in the area. What Did We Look At? •Fast food Outlets ➢In and Out Burger •Food Outlets ➢ Arido Market ➢ Big B Market Trolley Deli & Mini Mart Cozine's Deli Market & Liquor mintanamimo-T,'D, 5,:r.a77:41 Alt z z,z7:) Pz z."7 U a Li " • .;" • - Q6u!pu u. • o r1 Partnerships Are Critical • National CtollaborativE • Kimball EIei ry School jY • Residents and ants • Olivewood Gar • National CityCommerce Walk San Hew tall we help: • Increase c r :unity awareness of city ordinances regarding landscape ma tenar ce oordinate efforts for neighborhood clean-ups Create events in the community to engage residents to promote wellness Possibly establish a Community Garden i1 availability of fresh fruits and vegetables; Promote physical or recreational activities through existing city services area to promote the Provide resources to the store owners in the project area to increase availability of a# ruits and vegetables "The best way to find your self, isfo loose your s f ~ ., he service f: othl rs" M Gandhi Thank you.. CHAMPIONS for CHANGE Network for a Heatthy California COUNTY OF SAN DIEGO • HEALTH AND HUMAN SERVICES AGENCY give We/t5anPicgo/ This material was produced by the California Department of Public Health's Network for a Healthy California with funding from United States Department of Agriculture's Supplemental Nutrition Assistance Program, known in California as CalFresh (formerly Food Stamps). These institutions are equal opportunity providers and employers. CalFresh provides assistance to low-income households and can help buy nutritious foods for better health. For CalFresh information, call 1-877-847-3663. For important nutrition information, visit www.cachampionsforchange.net CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 'MEETING DATE: November 20, 2012 AGENDA ITEM NO. 4 ITEM TITLE: Interviews and Appointments: Port Commission Re -Appointment PREPARED BY: Michael R. Dalla DEPARTMENT: City Clerk PHONE: 619-336-4226 APPROVED BY: EXPLANATION: The term of National City's Port Commissioner, Robert (Dukie) Valderrama, expires on January 2, 2013. Commissioner Valderrama has requested that he be considered for re- appointment. In accordance with provisions of the Maddy Act and City Council Policy #107, Notice of the Vacancy has been publicly posted and advertised in the Union Tribune. Interested applicants were asked to submit an application by noon on November 12th and to appear for an interview before the City Council on November 20th. No applications were received by the deadline. It is recommended that Dukie Valderrama be re -appointed to the Port Commission. Re -appointment of Mr. Valderrama will require a 4/5 vote. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Re -appoint Dukie Valderrama NC Port Commissioner. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: None. ITEM #5 11 /20/12 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF OCTOBER 30, 2012 (CITY CLERK) IT #6 City of National City 11/20/12 Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalia, 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 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 20, 2012 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of National City authorizing the City Manager to: (1) execute the contract with West -Tech Contracting, Inc. in the not -to -exceed amount of $37,245 for the removal of Underground Storage Tank System and Storm Water Interceptor System as mandated by the Department of Environmental Health, Specification No. 12-08, (2) authorize the City Manager to execute any change orders within the budget amount necessary to complete the project and (3) approve an appropriation of $85,000 to fund the contract and fund any unforeseen changes. (Funded by General Fund) PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Development Servicees-Engineering APPROVED BY; Divisi,Za npx, FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Appropriate $85,000 from the General Funds Balance to Account No. 001-409-500-598-1592 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Three lowest bidders worksheet 3. Resolution EXPLANATION The City acquired the property located at 2020 Hoover Avenue, former site of Suncoast Bus Company, with the intent to include the property in the Westside Inflll Transit Oriented Development (WI-TOD) Housing Project. The site contains an underground storage tank system. Neither the City nor the WI-TOD project will be using the tank, and thusly, the City is mandated by the County of San Diego, Department of Environmental Health (DEH) to apply for permanent closure and removal of the tank. Although not part of the requirements of the DEH, this project includes the removal of the storm water interceptor system,. On March 21, 2012 the DEH inspected the underground storage tank (UST) located at 2020 Hoover Avenue and concluded that the permanent closure requirements for the UST were not met. On April, 25, 2012, the DEH approved an extension of the compliance due date so that the City could comply with the requirements of the Public Contract Code wherein it is necessary to publically bid the project. In June of 2012, the Engineering staff was assigned the task of publically bidding the project. In July of 2012, site visits were conducted and a consultant was hired to prepare the specifications for the project. Staff received the specifications for review in September of 2012 and the project was advertised. In October 2012, the DEH verbally advised the City that due to the length of time in achieving permanent UST closure, administrative action by the DEH is being considered,which could include mandated compliance dates for project completion. On October 30, 2012, four bids were received and opened for the removal of an underground storage tank system and storm interceptor system at 2020 Hoover Avenue. The lowest responsive bidder was West -Tech Contracting with a proposed bid amount of $32,625.00. Additionally, Additive "A" in the amount of $4,620 for backfill of excavated site was selected to be awarded. The total contract amount is $37,245.The bid opening information sheet and the cost proposal worksheet for the three lowest bidders are attached for your information. Staff is requesting that Council authorize an appropriation from the un-appropriated General Fund Balance to complete this project. Use of the General Fund is necessary as time is of essence as administrative action is underway by the County DEH due to the length of time needed to comply with mandated required remediation and permanent closure requirements at the site. Another factor complicating this project is that the soil surrounding the area of the tank removal must test clear of any pollutants. Should pollutants be discovered, it will be necessary to over -excavate the site to the extent that the soil is free of pollutants. If over -excavation is necessary, additional back fill will also be required. Based on earlier testing of the site, staff does not anticipate a finding of a large amount of contamination but because time is of essence, staff requests that Council approve a total budget of $85,000. This amount shall fund the contract amount of $37,245 and shall fund any unforeseen changes to the contract, construction management & inspections, and soil sampling & materials testing. It is also requested that Council authorize the City Manager to execute the contract and approve any and all change orders not to exceed the total approved budget. Staff checked the provided references for West -Tech Contracting, Inc and found that they are qualified to perform the work as detailed in the specification. Three La__ _-_ Bidders Removal of Underground Storage Tank System and Storm Water Interceptor System, 2020 Hoover Avenue, in conjunction with the WI-TOD Housing Project Specification 12-08 of Work 2500 $ 2,500.00 3 " 3 . xC n SoClaris UN T PROS TOTAL 1 - -ire Mobilization/Demobilization General LS Items 1 3,050.00 $ 3,050.00 1500 $ 1,500.00 2 Coordinate all activities with the County of San Diego Department of Environmental Health and National City Fire Department LS 1 3300 $ 3,300.00 1,581.00 $ 1,581.00 2500 $ 2,500.00 3 Remove and dispose/recycle all of the surface improvements necessary for the removal of UST and interceptor (4"-8" of PCCI LS 1 6500 $ 6,500.00 10,313.00 $ 10,313.00 6500 $ 6,500.00 4 Excavate, transport, weigh, dispose recycle all contaminated soil (Type A) discovered during excavation and removal activities TON 25 59 $ 1,475.00 442.32 $ 11,058.00 100 $ 2,500.00 5 Excavate, transport, weigh, dispose/recycle all contaminated soil (Type B-Hot) discovered during excavation and removal activities TON 25 59 $ 1,475.00 472.64 $ 11,816.00 150 $ 3,750.00 12,000 Gallon UST Removal and Disposal 6 Remove and dispose of residual liquids and solids in the UST system (tank, piping and pump assemblies) LS 1 4200 $ 4,200.00 9,834.00 $ 9,834.00 2500 $ 2,500.00 7 Prepare UST for removal and disposal LS 1 9200 $ 9,200.00 7,591.00 $ 7,591.00 2500 $ 2,500.00 8 Remove and dispose of UST system LS 1 1200 $ 1,200.00 2,698.00 $ 2,698.00 15000 $ 15,000.00 9 Remove and dispose of residual liquids and solids in the storm interceptor LS 1 400 $ 400.00 3,394.00 $ 3,394.00 2500 $ 2,500.00 10 Remove and dispose of the storm water interceptor system LS 1 1500 $ 1,500.00 4,833.00 $ 4,833.00 12800 $ 12,800.00 11 Place Mirafi 180N filter fabric on all sides and backfill with 3/4" crushed aggregate after removal of storm interceptor TON 35 I 25 $ 875.00 88.00 $ 3,080.00 50 $ 1,750.00 TOTALS'. $ 32 625.00 sub total $ 69,248 00 ,, � , $ 53,800.00 1 of 2 Three Lowest Bidders Removal of Underground Storage Tank System and Storm Water Interceptor System, 2020 Hoover Avenue, in conjunction with the WI-TOD Housing Project Specification 12-08 12 13 Backfill all UST system excavated areas with structural backfill Permanently place twenty Type III barricades and OSHA orange 4" high safety mesh fencing around all UST excavation areas ADDITIVE ALTERNATIVE BID "A" TON 165 28.00 $ 4,620.00 $ 4,620.00 ADDITIVE ALTERNATIVE BID "B" LS 1 18000 $ 18,000.00 $ 18,000.00 GRAND TOTALS $ 55,245.00 48.00 sub total 2,287.00 $ 7,920.00 $ 7,920.00 $ 2,287.00 $ 2,287.00 $ 79,455.00 45.00 2500 $ 7,425.00 $ 7,425.00 $ 2,500.00 $ 2,500.00 $ 63,725.00 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT WEST -TECH CONTRACTING, INC., IN THE NOT TO EXCEED AMOUNT OF $37,245 FOR THE REMOVAL OF UNDERGROUND STORAGE TANK SYSTEM AND STORM WATER INTERCEPTOR SYSTEM IN CONJUNCTION WITH THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT AND ANY CHANGE ORDER WITHIN THE BUDGET AMOUNT NECESSARY TO COMPLETE THE PROJECT, AND APPROVING AN APPROPRIATION OF $85,000 TO FUND THE CONTRACT AND ANY UNFORESEEN CHANGES WHEREAS, on March 21, 2012, the County of San Diego, Department of Environmental Health ("DEH") inspected the underground storage tank ("UST") locate at 2020 Hoover Avenue, and concluded that the permanent closure requirements of the UST were not met; and WHEREAS, it is necessary to remove the underground storage tank and storm interceptor system at the site to bring the property into compliance and to prepare the site for the Westside Infill Transit Oriented Development ("WI-TOD") Housing Project; and WHEREAS, the Engineering Division of the Development Services Department, in open session on October 30, 2012, did publicly open, examine, and declare four sealed bids for the WI-TOD Project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Citywide Westside Infill Transit Oriented Development ("WI-TOD") Housing Project to the lowest responsive, responsible bidder, to wit: WEST -TECH CONTRACTING, INC. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute on behalf of the City a contract with West -Tech, Inc., in the amount of $37,245, and any change orders within the budget amount necessary to complete the Project, with West -Tech Contracting for the National City Westside Infill Transit Oriented Development ("WI-TOD") Housing Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that $85,000 is hereby appropriated to fund the contract and any unforeseen changes necessary to complete the Project. PASSED and ADOPTED this 20th day of November, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 'MEETING DATE: November 20, 2012 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of National City approving Amendment No. 1 to the Agreement by and between the City of National City and Chevron Environmental Management Company extending the agreement expiration date to November 23, 2014, for Monitoring Well (W-27) encroachment of the alley between Roosevelt and Hoover Avenues south of 8th Street. (City Right of Way) for continuing monitoring. PREPARED BY: Barby Tipton DEPARTMENT: Engineering PHONE: 4583 APPROVED BY: EXPLANATION: The City and Chevron Environmental Management Company entered into an agreement on November 23, 2010, wherein the Chevron Environmental Management Company was granted the right to encroach upon City property for the purpose of installing monitoring wells, namely on 8th Street (W-26) and in the alley between Roosevelt Avenue and Hoover Avenue south of 8th Street (W-27). Monitoring well W-26 was installed on January 7, 2011, and was requested by the City to be closed due to future 8th Street improvements and was closed on April 28, 2011. Monitoring well W-27 was installed on January 6, 2011 and is still in existence and monitored semi- annually. the term of the agreement allows for and the Chevron Environmental Management Company has equested a time extension for an additional two (2) years for monitoring ground water. FINANCIAL STATEMENT: ACCOUNT NO. No financial impact. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: ITTACHMENTS: 1. Amendment No. 1 to Agreement 2. Resolution RESOLUTION NO. 2012 RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER ONE TO THE MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY WHEREAS, on November 23, 2010, the City Council adopted Resolution No. 2010-248, approving an Encroachment Permit and Agreement with Chevron Environmental Management Company ("Chevron") for the installation of one groundwater monitoring well within the public right-of-way on West 8th Street, and one groundwater monitoring well in the alley between Roosevelt Avenue and Hoover Avenue, south of 8th Street; and WHEREAS, the monitoring well on West 8th Street was installed on January 7, 2011, and closed on April 28, 2011, at the request of the City due to future 8th Street improvements; the monitoring well in the alley way was installed on January 6, 2011, and is still in existence and monitored semi-annually; and WHEREAS, Chevron desires to extend the term of the Encroachment Agreement, which expires on November 23, 2012, for another two years to continue monitoring ground water. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 1 to the Encroachment Permit and Agreement with Chevron Environmental Management Company to extend the term for an additional two years, expiring November 23, 2014. PASSED and ADOPTED this 20th day of November, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney AMENDMENT NUMBER ONE TO MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY This Amendment to Agreement is entered into this 20th day of November, 2012, by and between the City of National City, a municipal corporation ("CITY"), and Chevron Environmental Management Company (the "PERMITEE"). RECITALS A. The CITY and the PERMITEE entered into a Monitoring Well Encroachment Permit and aAgreement on November 23, 2010 ("the Agreement"), wherein the PERMITTEE was granted the right to encroach upon City property for the purpose of installing monitoring wells, namely on 8th Street (W-26) and in the alley between Roosevelt Avenue and Hoover Avenue south of 8th Street (W-27). B. Monitoring well W-26 was installed on January 7, 2011, and closed on April 28, 2011,,at the request of the City due to future 8 Street improvements. C. Monitoring well W-27 was installed on January 6, 2011 and is still in existence and monitored semi-annually. D. The Permitee seeks to extend the Agreement for two additional years so_that groundwater monitoring can continue to occur. E. The term of the aAgreement allows for (Paragraph 19), and the PERMITTEE has requested, a time extension for an additional two (2) years, from November 23, 2012 to November 23, 2014. NOW, THEREFORE, the parties hereto agree as follows: 1 The Agreement entered into on November 23, 2010, is amended to extend the expiration date for monitoring well W-27 until November 23, 2014. 2. That with the foregoing exception, each and every term and provision of the Agreement dated November 23, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. Signature page to follow Page - 1 - of 2 Amendment No. 1 to Agreement by and between City and Chevron Environmental Management Company for Monitoring Well W-27 CITY OF NATIONAL CITY CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY (Corporation — signatures of two corporate officers) By: By: Ron Morrison, Mayor (Name) (Print) APPROVED AS TO FORM: (Title) By: Claudia G. Silva (Name) City Attorney (Print) (Title) Page - 2 - of 2 Amendment No. 1 to Agreement by and between City and Chevron Environmental Management Company for Monitoring Well W-27 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT �EETING DATE: November 20, 2012 AGENDA ITEM NO. 9 ITEM TITLE: Request from Iglesia Cristiana Fuego de Dios to host One World musical concert at Kimball Park on December 12, 2012 from 6 p.m. to 9 p.m. with no waiver of fees PREPARED BY: Vianey Rolon DEPARTMENT: Neirvices Division PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: This is a request from Iglesia Cristiana Fuego de Dios to conduct the One World musical concert at Kimball Park on December 12, 2012 from 5pm to 10pm. The event is a live concert with the purpose of involving local leaders from community churches and ministries to work together and help the community. This event will also promote youth support, counseling, cleaning the community and helping the elderly. No street closures are requested. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP, plus $200.00 for the Fire Permits. Total Fees are $437.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A OTTACHMENTS: pplication for a Temporary Use Permit with recommended approvals and conditions of approval. • • • CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Iglesia Cristiana Fuego de Dios EVENT: One World musical concert DATE OF EVENT: December 12, 2012 TIME OF EVENT: 6 p.m. to 9 p.m. APPROVALS. DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 ENGINEERING: Public Works to conduct an inspection. PLANNING: All lights and speakers shall be oriented away from neighboring residential properties. All activities shall comply with Title 12 (Noise) of the National City Municipal Code. BULDING: Building Division has no comments. RISK MANAGER (619) 336-4370 All looks good on this, they just need to add the City of National City as an additional named insured to the attached insurance certificate with a separate endorsement showing the City as the additional insured. PUBLIC WORKS (619)366-4580 Public Works has no involvement in this event. Park staff will make certain water is turned off prior to the event and requests that applicant do 100% cleanup after the event. FINANCE Finance has no objections. The sponsor did obtain a business license. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to be maintained at all times, to both park and emergency roadways. 2) Fire Department access into and through the tent areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at stage area. Extinguisher to be mounted in a visible location between 31/2to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) Internal combustion power sources (Generators) if used, shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use. 8) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from the ride. 9) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "temporary Wiring" only. 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of cooking areas and booths, etc. 11) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($200.00) dollars. 12) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • • • • • • • Canopies from $601.00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council Ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Please contact the National City Fire Department for direction 13) First Aid will be provided by organization 14) Fees can only be waived by City Council. A FEE OF $200.00 WILL BE REQUIRED FOR AN AFTER HOUR INSPECTION OF THIS EVENT. FEES ARE TO BE DIRECTLY PAID TO THE NATIONAL CITY FIRE DEPARTMENT ADMINISTRATIVE OFFICES PRIOR TO START OF EVENT If you have any questions please feel free to contact me. COMMUNITY SERVICES No involvement form CSD. POLICE The PD has no stipulations or conditions. CITY ATTORNEY All vendors shall execute an indemnification and hold harmless agreement, and provide a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. Performers shall execute a hold harmless/waiver agreement Type of Event: Public Concert Parade Motion Picture Event Title: Fair _ Demonstration Grand Opening Won Festival Community vent Circus • Block P Other t2.IZ. IZ Event Location: 1 5e.L ec,, r/L Event Date(s): From 12- i2• 'Z to 12 • I i:. it Actual Event Hours: 6; 00 am/i�tr to 1 00 am le Total Anticipated Attendance: 2 (-1.O Participants IUD 9 2072 Spect rs) Setup/assembly/construction Date: rZ• it. ►1 Start time: cl : 00 Q r+^► __ Please describe the scope of your setup/assembly work (specific details): I N~;}ruetevt+5/ ek)+ \Oxt0 Dismantle Date: l 2.1Z. I L Completion Time: if 6 = 30 am/ r0 List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: 2F' 1C L / r i �i �Cc✓t(.t ty136 JG of Chief Officer of Organization (Name) L CI-c e / C h cave- ?— Applicant (Name) • T S fv" o f Co vt 1-- Address: 2 4- w -i t ;v T, tt( Ci( rttOct. `I t kr0 Daytime Phone: (G.g') 3 S Z- S3 2 3 Evening Phone: (4VI) Wtfcr- Fax:( ) E-Mail: one WorldSAncl help o� (+Ut Cor"t Contact Person "on site" day of the event: [ S t k G i Cti - Cellular: ( t 3 3 Z 3 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS _Is your organization a "Tax Exempt, nonprofit" organization? RYES NO 'Arretat^i" ion, entry, vendor or participant fees required? YESY NO 1'"ti vga3ViES, plea explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from thfs event. o $ 10 ,000 "—Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Orga ation will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rideyr any other pertinent information about the event.. lis evet7-1 ss <ve eo�ce�-rL-- 7% /verose vi -714J3 ever7,L- /s i /N v 4! /vim OUP /0 4-Jt /e. 04rs /rOrr? ear?, ti;vh,J,<y CJ5/4.,-c /I-s.. 14,11s74Y-e5 YD z1/04K 942 e/Ier, ev7/ e/ our C011r7ce4n C /ectae/ny au�^ %771,r7vq%3j �%i#ry UUJ" ��d��/y er- 4 74 "2oe77o je Die a/4er-e, $"�/J S /ijC,d / s 4 v•d7//a.Ve. , _ YES_ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES )(NO Does the event involve the sale or use of alcoholic beverages? %a YES _ NO Will items or services be sold at the event? If yes, please describe: UJ 1-Lv b0-V (P S YES io NO Does the event involve a moving route of any kind' along streets, sidewalks or highways?. If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES — NO Does the 'event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. 1d YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies ,j Sizes 1 0 k 16 NOTE: A separate Fire Department permit is required for tents or canopies. YES _ NO Will the event involve the use of the City or yr PA system? SPECIFY: $ +cae z {'der' In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for thefollowing items: — Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables # and Chairs # Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above 7 Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: ('iami 00 (:rruu W\I\ G14,4vJe wGate- c , (4,vto1 {-c.t-e. *I.I4 fi' 0ca t Ot P Sf-1 Please describe your rocedures for both Crowd Controllynd Internal Security: Pi !;/l` IJS `'S D 7 4e Z71.4//�?S /Q/ 4e Cr e•vi on /eac e-s tad( Awe 5 ezaferly VG►ftl= /`L41, /,--Screee d ' /hc%ele41Ts 4,4d DVP.►174 5, :941:i Ti41-4--T J {r• J7r'eser-7 -4 X YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: //c PP , ,pe Lt63g7, Security Organization: aAy3/.6� , ,v;c7-49/@ 41!a Mlei rr Security Organization Address: *27/r' e/ 47 ats- / 6 sgi. Yg- st, CA_ qc2,143 Security Director (Name):Aq�/Cd("d�vtn Phor1$ f ') gwl ga. la_ g YES _ NO Is this a night event? If YES,//please state how the event and surrounding area will be illu ate to ensure of typf the paJicipants and spectyptors: // / a e. v "i-orr, s e.m Sy 749 // //)7///J ffe d Erou/d Please iyidicate what arran ement you hav made for providing Fir t Aid Staffing a Equipment. l!/G .�/� rs 41.6 4,`5 4tid%/abler Ci-Ad o th-eca O,ez A)4,24.11 e ckas B, d ' / -74404 i .'r// ,A.OVYc e. Ses^Ii-icefs. Pleaw describe your Access' ility Plan for access at your vent by indNduals wish disabilities: �E? •d I.GPS / /2 ,R.Ge. l rGa d • Please provide a detailed description of your PjRKING plan: •4 / Please your plan //d� ,eAR ING: ®h AA42,r2,7 TC e nrie, Please descri»your plans to notify all residents, usinesses and c-hurrcches impacted bythe � event: y/ Arn,ce -7&4ce TC/a" F2.1"-t % "aP NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: (4/4/2 /n74rnl .) /4 /2!S YES _ NO Will sound amplification be used? If YES, please indicate: Start time: o am( rr Finish Time arri K_ YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 3 = OO am ) Finish Time 6700 a Please describe the sound equipment that will be used for your event: Al%C.QD ',4+yit �,22' -!S� 641i /p-LS k erXe 'eg:5 _ YES A NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: XC YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: 5O8,r>d7l 1 y/f j J i S Revised 02/29/12 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization % ' ' kv a ®a_ zsrx.s. Person in Charge of Activity _ 7s2 4-6s6 C/ Address a7 UJes 3r_ts 57L /l%4i dit/e4-6 cr`T G1'.G - 9/95b Telephone @9J35 -53a 3 Date(s) of Use !a , ( 2a / Z HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date C, (Nou'4i1/ For Offic Use Only Certi icate of Insurance Approved Date CITY OF NATIONAL CITY BUSINESS LICENSE APPLICATION 1243 NATIONAL CITY BLVD, NATIONALZITY,C4.91950' LICENSE WILL NOT BE ISSUED IF REc UIRED'INFORMATION IS INCOMPLETE. ENCLOSE PAYMENT WITH APPLICATION. MA XE.CHECKS PAYABLE TO THE CITY OF NATIONAL. CITY. PLEASE TYPE OR PRINT A. GENERAL INFORMATION BUSINESS NAME (IL. OR IN DUAL NAME) Ore . t$l Q.r YS50., Dr CORPORATE CSIe k rim✓) L f BUSINESS PHONE l(1 y7 7. 7g 2J, DIR` ROOM/SUITE NO., A11.INi+ Abtn ESS Al fibThPR Ol BO 2� DIR NUMBER , STREET NAME-ROOMJSUITE NO. w�sT 3r� . P.O. BOX NO, NasT,i Gk./AA C: PHONE NUMBER: AT MAILING ADDRESS. INCLUDE AREA OWE EMAILADIRESS: O%►ei ldi✓idSo%ndleoka .:Co)M STATE ZIP WDE APPLICANT'S COPY BUS#: ALL UCENSES..EXPIRE 1 RENEWALS ARE DUE BY:: IER 31 THIS STUB LINEN *WOOED IS.YOUR i OFFICIAL RECEIPTOWN THE: C of National :City BUSINESS UMSEDIKSION (619) 336=433O TAXES $ MISC $ PENALTY $ TOTAL $/. CITY OF NATIONAL CITY BUSINESS. LICENSE APPLICATION 1243 NATIONAL art' BLVD, NATIONALCLIY, CA 91950 LICENSE WILL NOT BE ISSUED IF REOUIRED`.INFORMATION IS INCOMPLETE. ENCLOSE PAYMENT WITH APPLICATION. MAKE CHECKS PAYABLE TO THE CITY OF NATIONAL CITY. PLEASE TYPE OR PRINT r OCAL BUSINESS PHONE s Peo (o I 1.k1/77- 76/2-Lo CORPORATE NAME F DIFFERENT FROM .D.B.A.) ief>1CA _ CRSrl0100.. #u�(op A. GENERAL INFORMATION BUSINESS NAME' D, INDIVIDUAL _... DIA- LOCATION IN: NATIONAL CITY ROOM/SUITE NO. BUS.# LIC ALL LICENSES EXPIRE VECEMBER 31. RENEWALS ARE-UE/1Y FilIRUARY'28 N NUMBER2 ? ..DIR STREET NAME . ROOM/SUITE NO. J.O. soxNO, OTY Njac IunJ0.-1 G I4 PHONE/NUMBER-AT MAILING ADDRESS. INCLUDE AREA CODE ( ll ) 4`Zl: EMAILADBRESS: OfeK)Oe}.c5'ncl e6)0 STATE ZIP CODE APPLICANT'S COPY THIS STUB WHEN VALIDATED IS YOUR OFFICIAL RECEIPT IBLOM THE: Ctlof National City BUSINESS LICENSE -DIVISION- . (619) 336-4330 TAXES $ MISC$ TALLY $ TOTAL $ ,X/ t' l' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODIYYYY) 10/26/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: N the certificate holder Is an ADDITIONAL INSURED, the polky(Ies) must be endorsed. If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer tights to the certificate holder In lieu of such endorsement(s). PRODUCER Mgh Insurance Services Inc. 615 National City Blvd. National City, CA 91950 Phone (619)474-0071 Fax (619)474-3566 CONTACT NAME PHONE NEa): (619)474-0071INC. No), (S19)474-3566 ADDRFss: imelda©mghins.com INSURER(S) AFFORDING COVERAGE NAIC 0 INSURERA : Stxlttdele Insurance CO INSURED IGLESIA CRISTIANA FUEGO DE DIOS 5825 imperial Ave SAN DIEGO, CA 92114- (619) 737-1041 INSURER B : INSURER C : INSURER 0 : INSURER E : INSURER F : E NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSR�WVD POUCY NUMBER IMUBR EFF IMMMD�EEXP LIMITS A GENERAL LIABILITY n COMMERCIAL GENERAL LIABILITY • ❑ CLAIMS -MADE :12 OCCUR n n CPS1569567 1026/2012 10/26/2013 EACH OCCURRENCE $ 1,000,000.00 DAMAGE TO RENTED PREMISES Me acculroncel $ 100,000.00 MEDEXP(Any one person) $ 5,000.00 PERSONAL &ADVINJURY $ 1,000,000.00 • GENERAL AGGREGATE $ 2,000,000.00 GEHL AGGREGATE LIMIT APPLIES PER: n POLICY • Sri • LOC PRODUCTS - COMP/OP AGG $ 1,000,000.00 S AUTOMOBILE LIABILITY NI ANY AUTO AUTDOS�ED ❑ ODULED NON -OWNED • HIRED AUTOS ME AUTOS 111 ❑ COMBINED SINGLE LIMIT 1 } BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ gaYnRAMAG (P aacciderril E $ $ • UMBRELLA LIAR • OCCUR • EXCESS LIAB ❑ CLAIMS -MADE EACH OCCURRENCE S . AGGREGATE $ • DED 0 RETENTIONS $ • WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY Y I N ANY PROPRIETORIPARTNER/EXECUTIVE N /A ❑ TOE 1 WARS ❑ FR EL EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? �� (Mandatory In NH) l i E.L DISEASE - EA EMPLOYEE $ B yyeess describe under DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, I more space k required) Sexual/Physical Abuse Coverage included $100,000/300,000 CERTIFICATE HOLDER CANCELLATION (No Certificate Holder) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) QF ®1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1Dx1otot Layout Map PARKING AcuEsaw.sncoolro tr..tilttr Watmart Ossuews FUKiO DE DIOS CITY ATIONAL CITY Finance Department 619 336-4330 National City 2 / 46700 10/29/2012 12:22:17.000 Validation Receipt CHARGES- 001-45464-3585 001454 iglesia cristiana $ 237.00 Sub -total $******** " 237.00 PAYMENT - Cash Change Reg CASH11 $ 240.00 $*********-3.00 THANK YOU! Business Hours: 7:00 - 6:00 Monday through Thursday Closed on Fridays LOCATION: APPLICANT: tC0I�YQg1CSE9 ,ORHOOD SERVICES DIVISION g with your payment to the Finance Department. ck receipt to our office (Customer Service). DATE: 16 /Z 9 f /z IIT EVENT: )u,-ld �r.sia Crrs+ic�tac. PROCESSING FEE: $ 4" C re OrS $ C t-'lccu-e 2 J\ Depending on City services requested, other fees may apply to your event. FOR OFFICE USE ONLY: Credit payment to the following account: 001-45464-3585 CALIFORNIA NATIONAL CI City of National City Fire Department Phone (619) 336-4550 TEMPORARY USE PERMIT - STIPULATIONS DATE: November 8, 2012 TO: Vianey Rolon, Neighborhood Services FROM: Robert Hernandez, Fire Marshal SUBJECT: One World Concert A FEE OF $200.00 WILL BE REQUIRED FOR AN AFTER HOUR INSPECTION FOR THIS EVENT. Stipulations required by the Fire Department for this event are as follows: 1) Access to be maintained at all times, to both park and emergency roadways. 2) Fire Department access into and through the tent areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at stage area. Extinguisher to be mounted in a visible location between 31/2'to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) Internal combustion power sources (Generators) if used, shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use. 8) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from the ride. 9) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "temporary Wiring" only. 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of cooking areas and booths, etc. 11) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($200.00) dollars. 12) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from $601.00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council Ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Please contact the National City Fire Department for direction 13) First Aid will be provided by organization 14) Fees can only be waived by City Council. A FEE OF $200.00 WILL BE REQUIRED FOR AN AFTER HOUR INSPECTION OF THIS EVENT. FEES ARE TO BE DIRECTLY PAID TO THE NATIONAL CITY FIRE DEPARTMENT ADMINISTRATIVE OFFICES PRIOR TO START OF EVENT If you have any questions please feel free to contact me. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT �EETING DATE: November 20, 2012 AGENDA ITEM NO. 10 ITEM TITLE: TEMPORARY USE PERMIT — Christmas at Brick Row -Tree Lighting Ceremony hosted by the Community Services Department on December 13, 2012 from 5 pm to 8 pm at Morgan Square & Brick Row, between "A" Avenue and National City Boulevard. This is a City sponsored event under Policy No. 804. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neig •orho+: ' - ices Division APPROVED BY: This is a request from the Community Services Department to conduct the Christmas Tree Lighting event at Morgan Square & Brick Row on "A" Avenue between E. 9th Street and National City Boulevard on December 13, 2012. This event will include the lighting of the Christmas Tree Ceremony, musical performances, the Kimball Museum will be open and there will also be a Christmas Bazaar where food, drinks and various other items will be sold from booths. Street closures are required on "A" Avenue at E. 9th Street on Morgan Square and E. Plaza Blvd. • FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237.00.00 for processing the TUP through various City departments, plus $792.23 for Public Works, and $514.56 for Police. Total fees are $1.543.79 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. If approved, set fees are to be waived per City sponsored event Policy #804. BOARD / COMMISSION RECOMMENDATION: N/A •TTACHMENTS: pplication for a Temporary Use Permit with recommended approvals and conditions of approval. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Community Services EVENT: Christmas at Brick Row DATE OF EVENT: December 13, 2012 TIME OF EVENT: 5pm to 8pm APPROVALS. DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 ENGINEERING: Public Works to complete special event form after event. PLANNING: No comments. BULDING: No comments. RISK MANAGER (619) 336-4370 Since this is a city sponsored event, Risk Management sees no outstanding issues. PUBLIC WORKS (619)366-4580 Street Division 1. Staff will deliver barricades to street corners and install barricades and remove them at the conclusion of the event. 2. Staff will post "no parking" signs in affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be as follows: • "No Parking" signs 25 x $0.45 ea = $ 11.25 • Barricades 10 x $0.35 ea = 3.50 • Equipment 6 x $19.09 = 114.54 • Regular Hours 2 hrs x $32.57 = 65.14 • Overtime Hours 4 hrs x $48.86 = 195.44 • TOTAL = $ 389.87 Facilities Division 1. Electrician Overtime Hours 4 hrs x $33.32 = $ 133.28 2. Custodians (2) OT Hours 4 hrs ea x 2 x $22.26 = 178.08 3. Chairs 100 x $.75 ea = 75.00 4. Tables 16 x $1.00 ea = 16.00 • TOTAL $ 402.36 Parks Division 1. Staff will clean area before the event. PA system belonging to Community Services Department will be utilized. FINANCE I need a list of all vendors at least 2 weeks prior to event. They all should be licensed FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to Morgan Square and Brick Row to be maintained at all times 2) Fire Department access into and through the festival areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Access shall be maintained to all Fire Hydrants, Fire Department Connections for Fire Sprinkler Systems, Standpipes, etc. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 7) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Canopies: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0 —200 sf - $200.00 201 — (+) sf - $400.00 8) If concession stands are utilized for cooking they shall have a minimum of 10 feet of clearance on two sides. 9) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example. 10) What type of cooking will occur with vendors at event (TBD) 11) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 12) Provide map of site area which shall include set up of vendors at event 13) Fees can only be waived by City Council. COMMUNITY SERVICES We are coordinating the Christmas at Brick Row POLICE Using the standard span of control of (2) Officers per 1000 people, I recommend the following; (2) Police Officers on minimum (4) hrs. OT at $64.32 X's 8hrs. = $514.56 CITY ATTORNEY All vendors shall execute an indemnification and hold harmless agreement, and provide a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. Performers shall execute a hold harmless/waiver agreement Type of Event: _ Public Concert _ Fair _ Festival _ Community vent Parade Demonstration _ Circus _ Block Party _ Motion Picture _ Grand Opening _ Other Event Title: l_.-VV"`4(COC6 tc..c ) - —VCee \\ n3 Ceremony Event Location: �iiOC'C '}.f SCNCI,i'? Event Date(s): From i2 nl I It to 12. 11 1 t2 Actual Event Hours: .e am8to B am ri Total Anticipated Attendance: ZSO ( Participants Spectators) Setup/assembly/construction Date: 1211S112. Start time: .v Please describe the scope of your setup/assembly work (specific details): Set-0Q 'V.6¢6 1 C.4' C.L's ! PA --r ('f'l>S\w.\ pacrnfrars Food. vnipr booth - l AD Dismantle Date: i2 1,31 jZ Completion Time: 9 a i+ List any street(s) requiring closure as a result of this event. Include street name(s), day and time of clos'ng and day and time of reopening. • Ci3 t '• Pt" Aye- mor,CC.n 5gvatle • "A" i 7P 94'4 -tT) P►azc. Sponsoring Organization: CY)C lC nU1)" "1 SQU1(2 Chief Officer of Organization (Name) ` ,rtr:A ' Rat-AS">"or1 Applicant (Name): 6,,w-en 'CC'1 O.. i \Otvi Address: 11-10 „ 12St. 5ulie 3 Daytime Phone: () LiZ0q Evening Phone: ( -�---" Fax: ( E-Mail: \TY1036.1 �fSn1 �'1GY1C �Ci ( . V 'r,a1 �e� Contact Person "on site" day of the event: �, �� Cellular:Q$ �p i • i(Ca3 7 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a 'Tax Exempt, nonprofit" organization? YES _ NO Are admission, entry, vendor or participant fees required? YES NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. • The \ 16\C\ inc CePern ny • \l.`j\CON \j ec Pubs i n anus uQ s • V-;"rn -fi, \ Y'(u`--Q1-)m [ .C\ -try 'x"t C • VOC6 Chia S - 0C SaVb • cadSaXe. _ YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES, NO Does the event involve the sale or use of alcoholic beverages? ci•YES _ NO Will items or services be sold at the event? If yes, please describe: I -x't M-5 I (.tv... cam' sc-\Q YES INC Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. `.YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES _ NO Will the even involve the use of the CI or ygur stage SPECIFY: Pc 'ACC (Y \Cr;�.. por�CX tY'P.1'S rnu.tkto e. p CCOelflOile& In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC _ CHARCOAL _ OTHER (Specify): Q Portable and/or Permanent Toilet Facilities Number of portable toilets: _ (1 for every 250 people is required, unless the applicant can show that thraro are facilities in the immediate area available to the public during the event) Tables #_ kw' and Chairs # iS Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: \OM Q12, -1-19,,Vw COns or Site.• Clean t l() -i-)rcOo t `! . C i- vMuoie »r X Stt . Please describe your procedures for both Crowd Control and Internal Security: _ YESNO 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: YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Vah-tlrt� c��nr1 �sib1 p�tlikl c:or% rnars Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: (fits\ Q,re,r ace. 0.co25sable Please provide a detailed description of your PARKING plan: e=,asri �i* QQ - u inG Please describe your plan for DISABLED PARKING: & (CG}�L� . }ts Please describe your plans to notify all residents, businesses and churches impacted by the event: b,,( k,C NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. V. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: N)lk Number of Bands: -T(jDI Type of Music: VanPA1.1 ,YES _ NO Will sound amplification be used? If YES, please indicate: Start time: ame Finish Time 6 a VN.YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start / time: �l ` ° am6Finish Time 5' a Please describe the sound equipment that will be used for your event: Cbciabvi PR. sy s-em t'om C++vf YES V `NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: Vs YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: v\e art. ,ss tb1& Ctinn"1-09 wi 1r us0Q6 ` - Porc Revised 02/29/12 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. �21(ViCQs Person in Charge of Activity er) MQ.X. t 1 C('Y) Organization Address 190 t. I201 St, aoi4e. Telephone 33(.Q i't zRq Date(s) of Use I7 / 13 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Sig Lure of Applicant Official Title Date 1U� 4\06Choc Cant! SP2CZC1GSt 10)4) 12 For Office Use Only Certificate of Insurance Approved Date 1 C\3-Cfr , tyr‘ce,_ 7,C Tho \ 4,1.4 k 4 , CALIFORNIA NATIONAL CI l .. :/ .. INCORPORATED-) City of National City Fire Department Phone (619) 336-4550 i TEMPORARY USE PERMIT - STIPULATIONS i DATE: TO: FROM: SUBJECT: November 8, 2012 Vianey Rolon, Neighborhood Services Robert Hernandez, Fire Marshal Christmas at Morgan Square and Brick Row DATE OF EVENT: 12/13/11 @ 1500 An inspection by the Fire Department shall be required prior to start of event Stipulations required by the Fire Department for this event are as follows: 1) Access to Morgan Square and Brick Row to be maintained at all times 2) Fire Department access into and through the festival areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not Tess than 20 feet and an unobstructed vertical clearance of not Tess than 13 feet 6 inches 3) Access shall be maintained to all Fire Hydrants, Fire Department Connections for Fire Sprinkler Systems, Standpipes, etc. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 7) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Canopies: Tents: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 8) If concession stands are utilized for cooking, they shall have a minimum of 10 feet of clearance on two sides. 9) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example. 10) What type of cooking will occur with vendors at event (TBD) 11) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 12) Provide map of site area which shall include set up of vendors at event 13) Fees can only be waived by City Council. Re: Temporary Use Permit Christmas @ Brick Row —Tree Lighting Ceremony Morgan Square/Brick Row December 13, 2012; 5 pm to 8 pm Street Division 1. Staff will deliver barricades to street corners and install barricades and remove them at the conclusion of the event. 2. Staff will post "no parking" signs in affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be as follows: • "No Parking" signs • Barricades • Equipment • Regular Hours • Overtime Hours • TOTAL Facilities Division 1. Electrician Overtime Hours 2. Custodians (2) OT Hours 3. Chairs 4. Tables • TOTAL 25 x $0.45 ea 10 x $0.35 ea 6 x $19.09 2 hrs x $32.57 4 hrs x $48.86 = $ 11.25 3.50 114.54 65.14 195.44 = $ 389 Z 4 hrs x $33.32 = 4 hrs ea x 2 x $22.26 = 100 x $.75 ea = 16x$1.00ea = $ 133.28 178.08 75.00 16.00 av6 Parks Division 1. Staff will clean area before the event. PA system belonging to Community Services Department will be utilized. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT -IEETING DATE: November 20, 2012 AGENDA ITEM NO. 11 ITEM TITLE: Investment Report for quarter ended September 30, 2012. PREPARED BY: Tina Norrdin PHONE: 619-336-4331 EXPLANATION: Attached is the Treasurer's Report for the month of September 2012. This performance report lists the various types of securities, maturity dates and interest rates for all securities held in the City's investment portfolio. The weighted average stated rate of return (current yield) for the City's investment portfolio as of September 30, 2012, was .43%, while the current yield of the State of California's Local Agency Investment Fund (LAIF) was .40%. The weighted average number of days to maturity for total portfolio was 642 days (1.76 years). The average duration for the underlying securities within LAIF as of September 30 was 242 days (.663 years). Overall, the City's investment portfolio has increased by $7.3 million over the same quarter last year. All of the City's investments are in compliance with the Investment Policy and the California Government Code. As of September 30, 2012, the City has adequate cash reserves necessary to meet its obligations for the next six months. DEPARTMENT: APPROVED B ervices FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 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: Accept and File the Investment Report for the Quarter ended September 30, 2012. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Background/Investment Overview 2. Portfolio Summary — Quarter ended September 30, 2012. 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: ➢ 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, 2012 is summarized below and compared to the quarter ended September 30, 2011. Par Value 53,230,877.11 46,648,557.87 Book Value (1) 53,961,651.33 46,648,807.87 Market Value (2) 53,885,248.71 46,809,864.88 (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 46.98% 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. For the month ended September 30, 2012, LAIF's monthly average effective yield was 0.348%. The summary of the City's investment portfolio is illustrated in the following chart. SUMMARY OF INVESTMENT PORTFOLIO As of September 30, 2012 INVESTMENTS HELD BY THE CITY Investment Type LAIF Federal Agency Securities US Treasury SD County Treasurer's Pooled Money Fund CDARS Program Money Market Totals for September 2012 Totals for September 2011 Portfolio increase from same quarter last year City of National City Finance Department YTM % of Book Value Market Value 365 Equiv. Portfolio 25,334,131.35 17,168,292.00 4,422,482.22 5,000,000.00 2,000,000.00 36,745.76 53,961,651.33 25,367,422.22 17,085,983.75 4,393,096.98 5,002,000.00 2,000,000.00 36,745.76 53,885,248.71 0.358% 46.95% N/A 31.82% 0.310% 8.20% N/A 9.27% 0.800% 3.71% 0.07% 100.00% 46,648,807.87 7,312,843.46 SD County CDARS Program Treasurer's Pooled 3.71% Money Fund 9.27% US Treasury 8.20% Federal Agency Securities 31.84% LAIF 46.98% Investments LAIF Federal Agency Securities CDARS Investments City of National City City of National City Portfolio Management Portfolio Summary September 30, 2012 Market Book % of Days to YTM/C YTM/C Value Value Value PortfolioParTerm Maturity 360 Equiv. 365 Equiv. 21,500,101.05 25,367,422.22 25,334,131.35 87.86 1 1 0.343 0.348 1,500,000.00 1,536,850.00 1,500,000.00 5.20 1,827 444 3.288 3.333 2,000,000.00 2,000,000.00 2,000,000.00 6.94 364 157 0.789 0.800 28,834,131.35 28,904,272.22 28,834,131.35 100.00% 121 35 0.527 0.535 Total Earnings September 30 Month Ending Fiscal Year To Date Current Year 13,699.35 42,834.30 Average Daily Balance 30,084,131.35 32,054,031.40 Effective Rate of Return 0.55% 0.53% ll/7/20 !v Tina Norrdin, Fncial Services Officer Reporting period 09/01/2012-09/30/2012 Run Date; 11 /06/2012 - 10:19 Portfolio CNC CC PM (PRF_PM1) SymRept 6.41.202b Report Ver. 5.00 CUSIP LAIF 98-37-576 Investment # 11058 Issuer Local Agency Investment Fund Subtotal and Average Average Balance 26,584,131.35 City of National City Portfolio Management Portfolio Details - Investments September 30, 2012 Purchase Date Par Value Market Value 25,334,131.35 25,367,422.22 25,334,131.35 25,367,422.22 Page 2 Stated YTMIC Days to Maturity Book Value Rate S&P 365 Maturity Date 25,334,131.35 0.348 25,334,131.35 0.348 1 Federal Agency Securities 3136FPAB3 3136F82A2 3136F82A2 C 3136F9CB7 11362 11266 11267 11274 Federal Natl. Mortgage Assoc. Fannie Mae Fannie Mae Fannie Mae Subtotal and Average 1,500,000.00 08/18/2010 02/12/2008 02/12/2008 03/11/2008 500,000.00 250,000.00 500,000.00 250,000.00 522,290.00 253,490.00 506,815.00 254,255.00 1,500,000.00 1,536,850.00 0.348 1 500,000.00 2.000 AAA 2.000 250,000.00 4.000 AAA 4.000 500,000.00 4.000 AAA 4.000 250,000.00 4.000 AAA 4.000 1,051 08/18/2015 134 02/12/2013 134 02/12/2013 181 03/11/2013 1,500,000.00 3.333 444 CDARS SYS11386 11386 Neighborhood National Bank Subtotal and Average 2,000,000.00 03/08/2012 2,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 0.800 2,000,000.00 0.600 157 03/07/2013 0.800 157 Total and Average 30,084,131.35 28,834,131.35 28,904,272.22 28,834,131.35 0.535 35 Portfolio CNC CC PM (PRF_PM2) SymRept 6.41.2026 Run Date: 11/06/2012 - 10:19 CA CHANDLER Monthly Account Statement City of National City September 1, 2012 through September 30, 2012 Chandler Team For questions about your account, please call (800) 317-4747 or Email operations@chandlerasset.com Custodian Bank of New York Mellon Trust Company Amy Kung 213-630-6374 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 Boulevar. an Diego, CA 92'12 hone 80U.317.474 ax 858 546.374 City of National City Account #10162 Portfolio Summary As of 9/30/2012 PORTFOLIO CHARACTERISTICS Average Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P/Moody Rating Average Final Maturity Average Life Agency (77.9%) Total Rate �tRetut As of9/ City of National City 1.59 2.34 % 0.43 % 0.31 % AA+/Aaa 1.68 yrs 1.62 yrs Money Market Fund FI (0.2 %) US Treasury (22.0 %) r Total Ma mci 30% 25% 20% 15% 10% 5% ACCOUNT SUMMARY 18.4 % 75-3 12.4 % 0 - .25 .25 - .5 0.04 % 0.33 % 6 - 1 as ofBi34tj 19,961,440 132,420 20,093,860 40,009 19,359,326 20,089,249 20,089,249 26.0 % 1-2 17.4 % 2 - 3 10 3 % 3 - 4 Vatues ot BO/1g 19,978,976 122,806 20,101,783 38,139 -1,004 19,396,746 20,127,520 20,127,520 7.2 % 4 - 6 5+ Maturity (Yrs) TOP ISSUERS Issuer % Portfolio Federal National Mortgage Assoc 22.1 % Government of United States 22.0 % Federal Home Loan Mortgage Corp 20.8 % Federal Home Loan Bank 19.3 % Federal Farm Credit Bank 15.6 % Federated Govt Obligation Money 0.2 % 100.0 % AAA (0.2 %) .Swce 212012012 0.52 % Chandler Asset Mar t - CONFIDENTIAL Page CA of National City Account#10162 Hol____js Report As of 9/30/12 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. of Port. GainlLoss Moody S&P Maturity Duration 3133MTZL5 FHLB Note 4.5% Due 11/15/2012 570,000.00 02/28/2012 0.18 % 587,476.20 100.52 587,476.20 0.35 % 572,949.75 2.90 % 9,690.00 (14,526.45) Aaa AA+ 0.13 0.12 3137EACG2 FHLMC Note 1.375% Due 1/9/2013 590,000.00 02/27/2012 0.18 % 596,064.61 100.33 596,064.61 0.17 % 591,949.95 1,847.85 2.95 % Aaa 0.28 (4,114.66) AA+ 0.27 3133XW7L7 FHLB Note 1.5% Due 1/16/2013 590,000.00 02/29/2012 596,684.70 100.38 592,234.92 2.96 % Aaa 0.30 0.20 % 596,684.70 0.21 % 1,843.75 (4,449.78) AA+ 0.29 31331KCP3 FFCB Note 0.9% Due 2/22/2013 490,000.00 02/24/2012 493,361.40 100.29 491,419.04 2.45 % Aaa 0.40 0.20 % 493,361.40 0.17 % 477.75 (1,942.36) AA+ 0.39 31331GPN3 FFCB Note 2.6% Due 3/4/2013 325,000.00 03/07/2012 332,635.88 101.03 328,363.10 1.64 % Aaa 0.42 0.22 % 332,635.88 0.18 % 633.75 (4,272.78) AA+ 0.43 31398AMW9 FNMA Note 3.25% Due 4/9/2013 575,000.00 02/27/2012 594,371.18 101.63 584,392.05 2.95 % Aaa 0.52 0.22 % 594,371.18 0.14 % 8,928.47 (9,979.13) AA+ 0.52 31398AJ94 FNMA Note 1.75% Due 5/7/2013 580,000.00 02/24/2012 590,420.86 100.89 585,177.08 2.93 % Aaa 0.60 0.24 % 590,420.86 0.27 % 4,060.00 (5,243.78) AA+ 0.60 31331KU40 FFCB Note 0.29% Due 5/16/2013 490,000.00 02/24/2012 490,164.15 100.05 490,244.51 2.44 % Aaa 0.62 0.26 % 490,164.15 0.21 % 532.88 80.36 AA+ 0.63 3133XXYX9 FHLB Note 1.875% Due 6/21/2013 585,000.00 02/27/2012 597,343.50 101.22 592,110.09 2.96 % Aaa 0.72 0.27 % 597,343.50 0.20 % 3,046.88 (5,233.41) AA+ 0.72 31398AX31 FNMA Note 1.25% Due 8/20/2013 490,000.00 03/07/2012 496,872.25 100.89 494,377.66 2.46 % Aaa 0.89 0.28 % 496,872.25 0.24 % 697.57 (2,494.59) AA+ 0.88 3133X1BV8 FHLB Note 4.5% Due 9/16/2013 415,000.00 03/07/2012 441,480.32 104.11 432,051.52 2.15 % Aaa 0.96 0.30 % 441,480.32 0.22 % 778.13 (9,428.80) AA+ 0.95 3133XSAE8 FHLB Note 3.625% Due 10/18/2013 560,000.00 02/21/2012 590,312.81 103.54 579,848.08 2.93 % Aaa 1.05 0.34 % 590,312.81 0.24 % 9,191.39 (10,464.73) AA+ 1.02 3134A4UK8 FHLMC Note 4.875% Due 11/15/2013 460,000.00 02/24/2012 495,671.16 105.28 484,291.22 2.45 °% Aaa 1.13 0.34 % 495,671.16 0.17 % 8,471.67 (11,379.94) AA+ 1.09 31331RP90 FFCB Note 5.45% Due 12/11/2013 545,000.00 02/28/2012 593,701.20 106.21 578,843.41 2.92 % Aaa 1.20 0.42 % 593,701.20 0.25 % 9,075.76 (14,857.79) AA+ 1.16 31398AVZ2 FNMA Note 470,000.00 02/24/2012 492,683.61 103.61 486,958.07 2.43 % Aaa 1.45 2.75% Due 3/13/2014 0.38 % 492,683.61 0.26 % 646.25 (5,725.54) AA+ 1.43 3137EACB3 FHLMC Note 475,000.00 02/21/2012 496,260.53 103.52 491,732.35 2.47 % Aaa 1.56 2.5% Due 4/23/2014 0.42 % 496,260.53 0.24 % 5,211.81 (4,528.18) AA+ 1.53 3133X7FK5 FHLB Note 530,000.00 02/21/2012 589,291.10 108.59 575,547.14 2.90 % Aaa 1.72 5.25% Due 6/18/2014 0.40 % 589,291.10 0.23 % 7,961.04 (13,743.96) AA+ 1.64 3137EACD9 FHLMC Note 470,000.00 02/24/2012 498,859.88 104.82 492,641.31 2.46 % Aaa 1.82 3% Due 7/28/2014 0.45 % 498,859.88 0.35 % 2,467.50 (6,218.57) AA+ 1.78 31398AZV7 FNMA Note 470,000.00 02/21/2012 496,614.22 104.99 493,454.41 2.48 % Aaa 2.14 2.625% Due 11/20/2014 0.54 % 496,614.22 0.28 % 4,489.48 (3,159.81) AA+ 2.07 3137EACHO FHLMC Note 560,000.00 02/24/2012 598,380.16 105.88 592,952.08 2.96 % Aaa 2.36 2.875% Due 2/9/2015 0.53 % 598,380.16 0.37 % 2,325.56 (5,428.08) AA+ 2.29 Chandler Asset Management - CONFIDENTIAL Page 2 Execution Time: 10/18/2012 11:29:29 AM City of National City cal Account #10162 Holdings Report As of 9/30/12 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. °/n of Port. Gain/Loss Moody S&P Maturity Duration AGENCY', 3135G0LC5 FNMA Callable Note Qtrly 11/29/12 0.7% Due 5/29/2015 470,000.00 Various 0.70 % 470,000.00 470,000.00 0.39 % 100.05 470,236.88 1,114.95 2.34 % 236.88 Aaa 2.66 AA+ 0.84 31398AU34 FNMA Note 2.375% Due 7/28/2015 3133EADW5 FFCB Note 0.55% Due 8/17/2015 470,000.00 02/24/2012 0.65 % 425,000.00 04/19/2012 0.60 % 497,406.17 497,406.17 424,260.50 424, 260.50 105.55 0.40 % 100.11 0.51 496,099.10 1,953.44 425,476.85 285.69 2.48 (1,307.07) Aaa AA+ 2.82 2.74 2.12 % Aaa 2.88 1,216.35 AA+ 2.85 3137EACM9 FHLMC Note 1.75% Due 9/10/2015 535,000.00 02/24/2012 555,169.50 103.93 556,006.24 2.77 % Aaa 2.95 0.67 % 555,169.50 0.41 % 546.15 836.74 AA+ 2.88 31331J2S1 FFCB Note 1.5% Due 11/16/2015 375,000.00 02/27/2012 386,490.75 103.41 387,777.00 1.94 % Aaa 3.13 0.66 % 386,490.75 0.40 % 2,109.38 1,286.25 AA+ 3.05 3135G0BA0 FNMA Note 2.375% Due 4/11/2016 375,000.00 02/24/2012 397,993.13 106.60 399,743.63 2.01 % Aaa 3.53 0.86 % 397,993.13 0.49 % 4,205.73 1,750.50 AA+ 3.37 3137EACT4 FHLMC Note 2.5% Due 5/27/2016 375,000.00 03/20/2012 395,804.63 107.25 402,193.88 2.02 % Aaa 3.66 1.14 % 395,804.63 0.50 % 3,229.17 6,389.25 AA+ 3.49 31331V3Z7 FFCB Note 5.2% Due 9/15/2016 365,000.00 06/22/2012 430,134.25 117.42 428,587.38 2.14 % Aaa 3.96 0.88 % 430,134.25 0.73 % 843.56 (1,546.87) AA+ 3.64 313371PV2 FHLB Note 1.625% Due 12/9/2016 480,000.00 02/29/2012 494,668.80 103.96 499,030.56 2.49 % Aaa 4.19 0.97 % 494,668.80 0.66 % 2,426.67 4,361.76 AA+ 4.04 3135G0GY3 FNMA Note 1.25% Due 1/30/2017 400,000.00 09/17/2012 409,328.00 102.65 410,610.40 2.05 % Aaa 4.34 0.71 % 409,328.00 0.63 % 847.22 1,282.40 AA+ 4.21 3137EADCO FHLMC Note 1% Due 3/8/2017 535,000.00 08/20/2012 538,386.55 101.28 541,834.09 2.70 % Aaa 4.44 341.81 3,447.54 AA+ 4.34 0.86 % 538,386.55 0.71 °% Total Agency 15,045,000.00 15,668,292.00 0.47 % 15,668,292.00 0.33 % 15,549,133.75 77.85 % 100,281.26 (119,158.25) Aaa AA+ 1.81 1.71 MONEYMAR 60934N807 Federated Govt Oblig Fund Inst. 36,745.76 Various 36,745.76 1.00 36,745.76 0.18 % Aaa 0.00 0.00 0.00 AAA 0.00 0.01 % 36, 745.76 0.01 % Total Money Market Fund FI 36,745.76 0.01 % 36,745.76 36,745.76 0.01 % 36,745.76 0.00 0.18 % 0.00 Aaa AAA 0.00 0.00 912828LR9 US Treasury Note 1.375% Due 10/15/2012 540,000.00 03/06/2012 0.15 % 544,009.62 544,009.62 0.23 % 100.05 540,253.26 3,428.48 (3,756.36) 2.70 % Aaa 0.04 AA+ 0.04 912828MB3 US Treasury Note 1.125% Due 12/15/2012 495,000.00 03/06/2012 0.18 % 498,617.48 100.20 498,617.48 0.15 % 496,005.35 2.48 Aaa 1,643.24 (2,612.13) AA+ 0.21 0.21 912828HQ6 US Treasury Note 2.875% Due 1 /31 /2013 485,000.00 02/27/2012 497,012.95 100.91 489,395.07 2.45 % Aaa 0.34 0.19 % 497,012.95 0.16 % 2,349.22 (7,617.88) AA+ 0.33 912828HY9 US Treasury Note 3.125% Due 4/30/2013 480,000.00 02/24/2012 496,351.61 101.72 488,250.24 2.46 % Aaa 0.58 0.22 % 496,351.61 0.18 % 6,277.17 (8,101.37) AA+ 0.58 Chandler Asset Management - CONFIDENTIAL rage 3 Execution Time: 10, 2 11:29:29 AM CAI .ty of National City Account #10162 Hok.... ,s Report As of 9/30/12 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. `Z, of Port. Gain/Loss Moody S&P Maturity Duration US Treasury Note 0.5% Due 11/15/2013 499,000.00 02/21/2012 0.30 % 491,705.16 491,705.16 100.33 0.21 % 491,607.69 925.41 2.45 % (97.47) Aaa AA+ 1.13 1.12 912828PZ7 US Treasury Note 1.25% Due 3/15/2014 500,000.00 02/21/2012 0.32 % 509,493.86 101.48 509,493.86 0.23 % 507,422.00 2.53 % Aaa 276.24 (2,071.86) AA+ 1.45 1.45 912828LK4 US Treasury Note 2.375% Due 8/31/2014 470,000.00 02/24/2012 493,244.54 104.06 489,075.42 2.44 % Aaa 1.92 0.39 % 493,244.54 0.25 % 955.90 (4,169.12) AA+ 1.88 912828MZ0 US Treasury Note 2.5% Due 4/30/2015 420,000.00 02/24/2012 446,612.34 105.69 443,887.50 2.23 % Aaa 2.58 0.49 % 446,612.34 0.29 % 4,394.02 (2,724.84) AA+ 2.49 912828PE4 US Treasury Note 1.25% Due 10/31/2015 435,000.00 02/24/2012 445,434.66 102.80 447,200.45 2.24 % Aaa 3.08 0.59 % 445,434.66 0.34 % 2,275.48 1,765.79 AA+ 3.02 Total US Treasury 4,422,482.22 4,315,000.00 0.31 % 4,422,482.22 0.22 % 4,393,096.98 22,525.16 21.97 % (29,385.24) Aaa AA+ 1.21 1.19 TOTAL PORTFOLIO 19,396,745.76 0.43 % 20,127,519.98 20,127,519.98 0.31 % 19,978,976.49 122,806.42 100.00 % (148,543.49) Aaa AA+ 1.68 1.59 TOTAL MARKET VALUE PLUS ACCRUED 20,101,782.91 Chandler Asset Management - CONFIDENTIAL Page 4 Execution Time: 10/18/2012 11:29:29 AM County of San Diego Treasurer Investment Report MONTH ENDING September 30, 2012 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR Summary Portfolio Statistics County of San Diego Pooled Money Fund as of September 30, 2012 Certificates of Deposit Commercial Paper Fannie Mae Fannie Mae Discount Notes Federal Farm Credit Bank Discount Notes Federal Farm Credit Bank Notes Federal Home Loan Bank Discount Notes Federal Home Loan Bank Notes Federal Home Loan Mortgage Corp Discount Note Federal Home Loan Mortgage Corp Notes Money Market Funds Negotiable CD Repurchase Agreements U.S. Treasury Notes Totals for September 2012 Totals for August 2012 Change From Prior Month Portfolio Effective Duration Book Value Market Value Percent of Portfolio 1.17 13.48 14.19 2.35 2.62 5.73 1.36 21.68 1.90 12.44 4.50 14.09 0.31 4.18 100.00 100.00 Current Par/ WAM YTM Share 167 0.31 64,811,000 21 0.14 745,000,000 989 0.90 779,130,000 150 0.16 130,000,000 178 0.17 145,000,000 513 0.38 316,489,000 81 0.15 75,000,000 401 0.54 1,194,270,000 123 0.12 105,000,000 851 0.86 683,187,000 1 0.09 248,675,000 23 0.14 778,330,000 1 0.02 17,126,725 780 1.64 227,000,000 415 0.50 5,509,018,725 399 0.49 5,819,769,439 16 0.01 (310,750,714) 0.780 years September Retum Annualized 0.041% 0.497% 0.041% 0.496% Fiscal Year To Date Retum 0.132% 0.130% Current Book 64,811,000 744,943,876 783,895,337 129,912,878 144,872,042 316,429,655 74,973,667 1,197,891,059 104,957,300 687,106,079 248,675,000 778,330,000 17,126,725 230,825,257 5,524,749,875 Market Price 1.000 1.000 1.012 0.999 0.999 1.001 0.999 1.008 1.000 1.012 1.000 1.000 1.000 1.036 1.010 5,835,619,256 1.010 (310,869,381) 0.000 Annualized 0.522% 0.515% Calendar Year To Date Retum 0.372% 0.347% Market Value 64,811,000 744,853,145 788,759,579 129,887,250 144,789,430 316,683,590 74,941,700 1,203,403,085 104,948,760 691,388,434 248,780,105 778,305,691 17,126,725 235,187,540 5,543,866,034 Current Yield to Unrealized Accr Int Worst Gain/Loss 3,071 0.31 $0 0 0.14 ($90,731) 3,106,807 0.84 $4,864,243 0 0.16 ($25,628) 0 0.17 ($82,612) 245,040 0.38 $253,934 0 0.15 ($31,967) 1,838,819 0.53 $5,512,025 0 0.12 ($8,540) 2,427,420 0.85 $4,282,354 14,814 0.09 $105,105 109,782 0.14 ($24,309) 29 0.02 $0 1,250,767 1.64 $4,362,283 8,996,548 0.49 19,116,159 5,855,630,051 9,125,138 0.48 20,010,795 (311,764,017) (128,590) 0.01 (894,636) Annualized 0.495% 0.462% Note Yield to maturity (YTM) is the estimated rate of retum on a bond given is 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 3 Participant Cash Balances PARTICI PANT San Diego Pooled Money Fund as of September 30, 2012 ($000) FMV FMV FMV %of 07/31/12 08/31/12 09/30/12 Total COUNTY COUNTY - SPECIAL TRUST FUNDS NON -COUNTY INVESTMENT FUNDS SCHOOLS - (K THRU 12) COMMUNITY COLLEGES San Diego Grossmont Mira Costa Palomar Southwestem Total Community Colleges SDCERA SANCAL MTDB SANDAG CITIES Chula Vista Del Mar Encinitas National City INDEPENDENT AGENCIES Alpine FPD Bonita Sunnyside FPD Borrego Springs FPD Deer Springs FPD Fallbrook Public UtI Public Agency Self Insurance Sys Julian-Cuyamaca FPD Lake Cuyamaca Rec & Park Lakeside Fire Leucadia Water District Lower Sweetwater FPD $ 596,739 $ 582,424 $ 607,905 10.97% 1,232,369 1,211,906 1,146,563 20.68% 317,299 294,052 298,267 5.38% 2,617,076 2,502,652 2,330,550 42.03% 372,611 321,233 298,327 37,877 30,520 25,671 20,973 26,767 19,920 219,723 205,078 198,284 162,855 157,460 160,023 814,038 741,057 702,225 443 4,174 4,142 59,245 57,636 49,469 700 699 699 152,587 152,443 133,382 39,098 39,061 39,080 3,016 3,013 3,015 2 2 2 5,004 4,999 5,002 885 680 484 4,217 3,651 3,673 1,259 1,144 1,064 8,289 6,263 6,187 14 14 14 446 446 446 32 34 36 356 330 323 7,886 7,292 6,803 11,308 11,297 11,302 352 277 279 5.38% 0.46% 0.36% 3.58% 2.89% 12.67% PARTICIPANT FMV FMV FMV % of 07/31/12 08/31/12 09/30/12 Total Metropolitan Transit System Majestic Pines CSD Mission Res Consr North County Cemetery Dist North County Cemetry Perpetual North County Cemetery North County Dispatch North County Fire Otay Water District Inv Palomar Res Consr Pine Valley FPD Pomerado Cem Perpetual Pomerado Cemetery Dist Ramona Cemetery Dist Ramona Cemetery Perpetual Rancho Santa Fe FPD San Diego Housing Commission San Diego Rural Fire San Dleguito Riker San Marcos FPD San Miguel FPD San Ysidro Sanitation Santa Fe Irrigation District SDC Regional Airport Authority So County OPS Ctr Spring Valley/Casa de Oro Upper San Luis Rey Reservoir Vallecitos Water Dist Valley Center FPD Valley Cntr Cemetery Valley Ctr Cern Perpetual Valley Ctr Water District Vista FPD 6,475 30 390 1,612 1,848 969 2,734 2,225 22,125 7 344 1,667 1,365 627 337 9,814 22,350 0 81 1 3,693 13 4,001 146,225 0 1,064 239 5,057 4,065 169 216 4,120 2,572 6,469 30 390 1,227 1,601 940 3,342 2,253 22,104 7 326 0 1,334 605 337 8,996 15,337 0 -29 1 3,267 13 3,998 140,454 0 1,064 238 5,052 3,664 160 216 4,116 2,569 6,388 30 391 1,291 1,564 939 3,373 2,492 22,115 7 328 1 1,290 592 337 8,035 15,345 6 -119 1 3,475 13 4,000 104,414 0 1,065 233 5,054 3,231 160 217 4,118 2,571 Total Independent Agencies 539,575 523,538 458,356 8.27% Pooled Money Fund Total $6,117,097 $5,855,630 $5,543,866 100.00% COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR 17 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 'METING DATE: November 20th, 2012 AGENDA ITEM NO. 12 ITEM TITLE: Warrant Register #15 for the period of 10/03/12 through 10/09/12 in the amount of $605,558.32. (Finance) PREPARED BY: K. Apalategui PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 10/03/12 through 10/09/12 DEPARTMENT: Finance The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Project Professionals Corp 304308 65,021.25 Public Emp Ret System 304311 270,262.40 Explanation 8th Street Utilities Construction Retirement Insurance Period 9/18/12-10/01/12 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $605,558.32 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Narrant Register #15 PAYEE PROFORCE LAW ENFORCEMENT KANE BALLMER & BERKMAN CUMMINS & WHITE LLP MCKAY POWER PLUS UNION TRIBUNE PUB CO AMAZON BAKER & TAYLOR BRODART CO CHILDREN'S PLUS INC LEARNING EXPRESS MARGO SMART MIDWEST TAPE SPRINT STAPLES ADVANTAGE U S POSTMASTER XEROX CORPORATION 4IMPRINT 'CANA INDUSTRIES 3OUNTEMPS AETNA RESOURCES FOR LIVING AIRGAS WEST ALDEMCO ALL FRESH PRODUCTS AT&T/MCI BEST BEST & KRIEGER LLP BONSUISSE INC BRENNTAG PACIFIC INC BROADWAY AUTO GLASS CALIFORNIA ELECTRIC SUPPLY CALIFORNIA HIGHWAY ADOPTION CO CARDOZA CITY ATTORNEYS ASSOCIATION DANIELS TIRE SERVICE DAPPER TIRE COMPANY DAY WIRELESS SYSTEMS (20) DELTA CARE USA DELTA DENTAL DEPT OF JUSTICE DREW FORD ECOLAB ENNIS PAINT SAN DIEGO -SGIL CORPORATION 'iGUSON ENTERPRISES INC ,LARRO FORTEL TRAFFIC, INC. GORMSEN APPLIANCE CO GROSSMAN PSYCHOLOGICAL HAMILTON MEATS & PROVISIONS WARRANT REGISTER # 15 10/9/2012 DESCRIPTION BHP TASER SERPA DUTY HLST / POLICE SUCCESSOR AGENCY OPERATIONS LEGAL SVCS FOR OVERSIGHT BOARD UPDATES & REVISIONS / SECTION 8 EQUIPMENT RENTAL /AQUATIC CENTER ADVERTISING /AMORTIZATION NOTICE BOOKS -LIBRARY BOOKS -LIBRARY BOOKS -LIBRARY CHILDREN BOOK - DELIGHTFUL DOLLS ON-LINE SUBSCRIPTION RENEWAL ARTSPARKLERS PROGRAM FOR FAMILIES DVD'S - LIBRARY VIDEO CONFERENCING - LIBRARY MOP #45704 - SUPPLIES - LIBRARY POSTAGE FOR OVERDUE NOTICES - LIBRARY XEROX BASE CHARGES AND OVERAGES LEATHER COASTER SOUVENIRS FOR 2012 HYDROCHLORIC ACID, DRY CHLORINE SVCS THROUGH 09/21/12 EMP ASST PROGRAM - OCT 2012 MOP 45714 MATERIALS & SUPPLIES CONSUMABLES / NUTRITION CENTER FOOD / NUTRITION CENTER SBC AT&T PHONE SERVICE PERSONNEL ISSUES THROUGH AUG 2012 MILK & DAIRY / NUTRITION CENTER BULK CHLORINE REAR LEFT POWER WINDOW REGULATOR MOP 45698 PLUMBING MATERIAL PARADISE CREEK LITTER REMOVAL SUBSISTENCE - DRE COURSE, SACRAMENTO MEMBERSHIP - C SILVA & J KNIGHT LABOR, DISMOUNT/MOUNT FOUR MEDIUM MOP 72654 TIRES COMMUNICATIONS EQUIP SERVICE/FIRE PMI INS - OCTOBER 2012 DENTAL IN OCT 2012 INVESTIGATIVE SVCS - AUG 2012 MOP 49078 AUTO PARTS DISHWASHER SUPPLIES / NUTRITION MOP 74690 TRAFFIC CONTROL SUPPLY PLAN CHECK SERVICES, AUGUST MOP 45723 PLUMBING MATERIAL REFUND -OVER PAYMENT PERMIT FEES CDMA WIRELESS SUPPORT 7/1/12-6/30/13 APPLIANCE PURCHASES, REPAIRS OFFICER ASSISTANCE PROGRAM / PD FOOD / NUTRITION CENTER 1/3 CHK NO DATE AMOUNT 304233 10/3/12 6,793.55 304234 10/4/12 7,357.50 304235 10/9/12 3,688.15 304236 10/9/12 224.00 304237 10/9/12 195.00 304238 10/9/12 1,012.00 304239 10/9/12 1,243.43 304240 10/9/12 1,748.37 304241 10/9/12 12.82 304242 10/9/12 299.50 304243 10/9/12 7,900.00 304244 10/9/12 175.00 304245 10/9/12 1,066.83 304246 10/9/12 11.19 304247 10/9/12 1,193.97 304248 10/9/12 272.36 304249 10/9/12 248.54 304250 10/9/12 1,937.72 304251 10/9/12 812.36 304252 10/9/12 1,152.00 304253 10/9/12 737.48 304254 10/9/12 123.38 304255 10/9/12 6,239.20 304256 10/9/12 624.76 304257 10/9/12 1,676.88 304258 10/9/12 3,377.50 304259 10/9/12 486.19 304260 10/9/12 543.70 304261 10/9/12 181.98 304262 10/9/12 497.81 304263 10/9/12 864.00 304264 10/9/12 256.00 304265 10/9/12 700.00 304266 10/9/12 95.97 304267 10/9/12 735.45 304268 10/9/12 1,000.75 304269 10/9/12 3,087.60 304270 10/9/12 12,985.77 304271 10/9/12 1,153.00 304272 10/9/12 158.11 304273 10/9/12 205.71 304274 10/9/12 439.81 304275 10/9/12 19,089.60 304276 10/9/12 187.30 304277 10/9/12 23,498.71 304278 10/9/12 348.00 304279 10/9/12 826.41 304280 10/9/12 2,737.50 304281 10/9/12 129.79 PAYEE HARRIS & ASSOCIATES INC JERAULDS CAR CARE CENTER KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS LADCO LASER SAVER INC LAW OFFICES OF DON DETISCH LOPEZ LOVE MAINTEX INC MASON'S SAW & METRO AUTO PARTS DISTRIBUTOR MEYERS/NAVE LAW CORP MOSSY NISSAN N C CHAMBER OF COMMERCE NAPA AUTO PARTS NBS NINYO & MOORE ONE SOURCE DISTRIBUTORS O'REILLY AUTO PARTS PACIFIC AUTO REPAIR PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PROCHEM SPECIALTY PRODUCTS INC PRO -EDGE KNIFE PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY PSTC PUBLIC EMP RETIREMENT SYSTEM RAD HATTER RBF CONSULTING RPM WELDING INC S & S RECREATION WORLDWIDE 5 D MOBILE DETAILING SADIE CONSTRUCTION, INC. SAFETY KLEEN SYSTEMS INC SAN DIEGO DAILY TRANSCRIPT SAN DIEGO GAS & ELECTRIC SAN DIEGO HYDRAULICS SAN DIEGO TROLLEY INC SEAPORT MEAT COMPANY SMART SOURCE OF CA LLC SOUTHERN CALIF TRUCK STOP SPARKLETTS STACK TRAFFIC CONSULTING INC STAPLES ADVANTAGE STARTECH COMPUTERS SUPER 8 MOTEL WARRANT REGISTER # 15 10/9/2012 DESCRIPTION 8TH ST. CORRIDOR SMART GROWTH MOP 72449 R&M AUTO EQUIPMENT RETIREES INS - OCT 2012 RET IN OCT 2012 GRP #104220-03 LIABILITY CLAIM COSTS MOP 45725 INK CARTRIDGES -FINANCE 16192/16194 SVCS -AUG 2012 TRANSLATION SERVICES FOR FY13 SUBSISTENCE/TRAVEL-POLICY & PROCEDURE JANITORIAL SUPPLIES, PARTS, MOP 45729 MATERIALS & SUPPLIES MOP 75943 AUTO PARTS EMPLOYMENT RELATIONS LIABILITY CLAIM COSTS NC TOURISM MARKETING FEE-AUG 2012 MOP 45735 MATERIALS & SUPPLIES COST ALLOCATION PLAN-SVCS THRU 9/30/12 SOIL & MATERIAL TESTING SERVICES MOP 67256 ELECTRICAL MATERIAL MOP 75877 AUTO PARTS SMOG CERTIFICATION & REPAIRS LABOR, INSTALL TRANSMISSION MOP 67839 AUTO PARTS MOP 45707 MATERIALS & SUPPLIES PRO 500 CLEANER DEGREASER 30-GAL DRUM KNIFE SHARPENING SVCS / NUTRITION 8TH ST. UTILITIES CONSTRUCTION MOP 45742 LAUNDRY SERVICE REGISTRATION FEE - R LOVE SERVICE PERIOD 09/18/12-10/01/12 INCLUDES 500+ HATS PLUS DELUXE 8TH ST. SAFETY ENHANCEMENTS, AUGUST MOP 45749 R&M BLDGS & STRUCTURES 1- SOFT TUG 0 WAR ROPE 75FT EXTERIOR WASH OF PD COMMAND CONTROL RETENTION PAYMENT BUS BENCH SHELTER LABOR, TECH PROJECT MANAGEMENT - AD -STREET RESURFACING, SHADE STRUCTURE GAS & ELECTRIC SERVICE/ NUTRITION LABOR, TROUBLE SHOOT ARBOR TRUCK TROLLEY FLAGGING SERVICES / MIS FOOD / NUTRITION CENTER MOP 63845 ENVELOPE IMPRINTS MOP 45758 FUEL DRINKING WATER FY2013 DEPOSIT#1691-8TH ST. TRANSIT CNTR MOP 45704 OFFICE SUPPLIES -FIRE MOP COMPUTER EQUIPMENT / MIS LIABILITY CLAIMS COST / SEWER BACKUP 2/3 CHK NO DATE AMOUNT 304282 10/9/12 10, 435.94 304283 10/9/12 49.99 304284 10/9/12 23,261.88 304285 10/9/12 11, 633.43 304286 10/9/12 115.00 304287 10/9/12 349.92 304288 10/9/12 6,165.90 304289 10/9/12 140.00 304290 10/9/12 1,485.57 304291 10/9/12 716.82 304292 10/9/12 614.83 304293 10/9/12 429.82 304294 10/9/12 1,127.50 304295 10/9/12 2,863.73 304296 10/9/12 27,346.96 304297 10/9/12 768.55 304298 10/9/12 2,100.00 304299 10/9/12 10,187.00 304300 10/9/12 966 304301 10/9/12 108 304302 10/9/12 1,023.37 304303 10/9/12 3,216.94 304304 10/9/12 393.23 304305 10/9/12 1,892.19 304306 10/9/12 419.83 304307 10/9/12 46.00 304308 10/9/12 65,021.25 304309 10/9/12 320.57 304310 10/9/12 549.00 304311 10/9/12 270,262.40 304312 10/9/12 600.00 304313 10/9/12 2,754.00 304314 10/9/12 115.78 304315 10/9/12 143.27 304316 10/9/12 125.00 304317 10/9/12 5,768.75 304318 10/9/12 485.00 304319 10/9/12 614.00 304320 10/9/12 1,744.53 304321 10/9/12 275.00 304322 10/9/12 16.20 304323 10/9/12 953.85 304324 10/9/12 284.95 304325 10/9/12 122 304326 10/9/12 11. 304327 10/9/12 125.00 304328 10/9/12 391.36 304329 10/9/12 188.61 304331 10/9/12 3,980.36 PAYEE SYSCO SAN DIEGO THE LIGHTHOUSE INC THE STAR NEWS TOM MOYNAHAN TOPECO PRODUCTS U S BANK U S IDENTIFICATION MANUAL UNION TRIBUNE UNITED ROTARY BRUSH VALLEY INDUSTRIAL SPECIALTIES VALLEY POWER SYSTEMS INC VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS VERIZON WIRELESS VISTA PAINT VISTA PAINT VULCAN MATERIALS COMPANY W W GRAINGER '4XIE SANITARY SUPPLY .STFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY WOOD & WOOD LIZAOLA WARRANT REGISTER # 15 10/9/2012 DESCRIPTION SUPPLIES / NUTRITION CENTER MOP 45726 AUTO PARTS AD -STREET RESURFACING, SHADE STRUCTURE MOP 45734 R&M AUTO EQUIPMENT MOP 63849 SHOP SUPPLIES CREDIT CARD EXPENSE - PD 4 UPDATES EACH MANUAL ADVERTISING OF PUBLIC HEARING NOTICES SWEEPER REPAIRS MOP 46453 PLUMBING MATERIAL SENSOR O/F 0023532797 STRAY ANIMAL VET CARE / POLICE VERIZON WIRELESS PHONE SERVICE CELL PHONE CHGS 08/22 - 09/21/12 MOP 68834. PAINT / NSD MOP 68834 PAINT - NEIGHBORHOOD 3/4" CLASS 2 BASE MOP 65179 ELECTRICAL MATERIAL JANITORIAL SUPPLIES MOP 63850 AUTO PARTS MOP 45763 MATERIALS & SUPPLIES LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS GRAND TOTAL 3/3 CHK NO DATE AMOUNT 304332 10/9/12 1,891.79 304333 10/9/12 574.30 304334 10/9/12 1,855.26 304335 10/9/12 40.00 304336 10/9/12 56.35 304337 10/9/12 3,535.51 304338 10/9/12 178.61 304339 10/9/12 390.80 304340 10/9/12 351.56 304341 10/9/12 965.09 304342 10/9/12 107.08 304343 10/9/12 188.00 304344 10/9/12 4,575.24 304345 10/9/12 60.65 304346 10/9/12 268.80 304347 10/9/12 936.34 304348 10/9/12 327.67 304349 10/9/12 1,252.86 304350 10/9/12 2,730.90 304351 10/9/12 105.70 304352 10/9/12 261.79 304353 10/9/12 1,248.00 304354 10/9/12 611.00 A/P Total 605,558.32 $ 605,558.32 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AN 1 DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. TINA N S ' ' I IN, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-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 THE 20th OF NOVEMBER, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT '1EETING DATE: November 20th, 2012 AGENDA ITEM NO. 13 ITEM TITLE: Warrant Register #16 for the period of 10/10/12 through 10/16/12 in the amount of $1,242,583.44. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Financ PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 10/10/12 through 10/16/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation SDG&E 304433 66,220.76 Facilities Gas & Electric FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,242,583.44 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #16 1/3 PAYEE CA ASSOC OF CODE ENFORCEMENT CA BUILDING STANDARD COMMISSION DANIELS TIRE SERVICE DEPT OF CONSERVATION REED LIPPE ESPIRITU EYE CLINIC FOR ANIMALS FLINT TRADING INC GONZALES HCI SYSTEMS INC HdL COREN & CONE HERNANDEZ HINKLE CONSTRUCTION HUDSON SAFE-T-CITE RENTALS INTER'L CODE COUNCIL INC S D A JERAULDS CAR CARE CENTER ADD ELECTRIC EY HORN AND ASSOC INC ..4DMARK EDUCATION MCDANIEL MCGOUGH MCMILLIN INVESTMENT PROPERTIES MELCHER PERRY FORD PROFORCE LAW ENFORCEMENT REGIONAL TRAINING CENTER REYNOSO SAN DIEGO MIRAMAR COLLEGE SMART & FINAL SMART SOURCE OF CA LLC STANLEY CONVERGENT SECURITY STAPLES ADVANTAGE THE SAN DIEGO UNION TRIBUNE U S BANK U S HEALTHWORKS WEBB WILLY'S ELECTRONIC SUPPLY YOUNG ZOLL MEDICAL CORP CUMMINS & WHITE LLP EQUIFAX INFORMATION SVCS SER SAVER INC UPPER & VARCO STAPLES ADVANTAGE STEWART TITLE OF CALIFORNIA VERIZON WIRELESS AIRGAS WEST ARCO GASPRO PLUS NNE WARRANT REGISTER #16 10/16/2012 DESCRIPTION ANNUAL SEMINAR -A VERGARA BLDG STANDARDS ADMIN SPECIAL REVOLVING MISC SUPPLIES - LABOR SMIP FEES, JULY - SEPT 2012 125TH ANNIVERSARY - CONCERT BAND 125TH ANNIVERSARY SERVICE PARKING REIMBURSEMENT EYE EXAMINATION FOR K9 SAT PM125YW Q30' BD 12" YLW LINE REIMBURSEMENT - IACP CONFERENCE REIMBURSEMENT - BLDG PERMIT CHGS AUDIT SVCS-2011-12 UNSECURED PROPERTY TAX EDUCATIONAL REIMBURSEMENT REFUND -OVER PAYMENT PERMIT FEE 28" REFLECTIVE CONES CODE TRAINING FOR BLDING OFFICIAL AIR FILTER LABOR AND MATERIALS TO REPLACE CONDUIT DEPOSIT#1724 BAYSHORE BIKEWAY REGISTRATION FEE-R MACHADO LICENSE REIMBURSEMENT MILEAGE REIMBURSEMENT REFUND -RESIDENTIAL RENTAL REIMBURSEMENT - CLETS LABOR, REPLACE TRANSMISSION, COOLER, #44205, TSR CART M26/X26 21 FT, NON-COND ANNUAL CHG JULY 2012 - JUNE 2013 REIMBURSEMENT - CLEARS 2012 CONFERENCE TUITION: BASIC SUPERVISORY COURSE MOP 45756 -NATIONAL NIGHT OUT-COMM SVCS MOP 63845 ENVELOPE IMPRINTS FIRE ALARM MONIT/MAINT MOP 45704 OFFICE SUPPLIES-PD PUBLIC NOTICE CREDIT CARD EXP - PD MEDICAL SERVICES REIMBURSEMENT -SO CA ANTI MONEY LAUNDERING MOP 45763 MISC SUPPLIES -MIS REGISTRATION REIMBURSEMENT AUTOPULSE 1 YEAR EXTENDED LEGAL SVCS/ OVERSIGHT BOARD S8 EQUIFAX SVCS MOP 45725. INK CARTRIDGES / SEC 8 LANDSCAPE MAINT / MILE OF CARS LEGAL / EDUCATION/PARK VILLAGE MOP 45704. OFFICE SUPPLIES/ SEC 8 SHORT FORM LOAN POLICY WIRELESS SVCS - SECTION 8 MOP 45714 WEARING APPAREL FUEL CHK NO DATE AMOUNT 304355 10/16/12 345.00 304356 10/16/12 223.00 304357 10/16/12 2,088.54 304358 10/16/12 916.35 304359 10/16/12 200.00 304360 10/16/12 300.00 304361 10/16/12 55.00 304362 10/16/12 212.00 304363 10/16/12 5,040.26 304364 10/16/12 55.00 304365 10/16/12 47,451.71 304366 10/16/12 9,842.95 304367 10/16/12 316.50 304368 10/16/12 2,578.00 304369 10/16/12 522.00 304370 10/16/12 60.00 304371 10/16/12 2,376.70 304372 10/16/12 663.00 304373 10/16/12 2,900.00 304374 10/16/12 375.00 304375 10/16/12 39.00 304376 10/16/12 131.54 304377 10/16/12 140.00 304378 10/16/12 103.13 304379 10/16/12 3,930.77 304380 10/16/12 2,502.28 304381 10/16/12 750.00 304382 10/16/12 108.50 304383 10/16/12 138.00 304384 10/16/12 965.68 304385 10/16/12 77.22 304386 10/16/12 272.70 304387 10/16/12 1,033.68 304388 10/16/12 387.60 304389 10/16/12 1,714.46 304390 10/16/12 55.00 304391 10/16/12 91.53 304392 10/16/12 280.33 304393 10/16/12 195.00 304394 10/16/12 8,961.75 304395 10/16/12 180.00 304396 10/16/12 609.71 304397 10/16/12 335.91 304398 10/16/12 828.93 304399 10/16/12 617.50 304400 10/16/12 182.79 304401 10/16/12 100.00 304402 10/16/12 277.16 304403 10/16/12 720.02 304404 10/16/12 43,452.02 2/3 PAYEE AT&T MOBILITY AT&T/MCI BOOT WORLD p,RENNTAG PACIFIC INC BUREAU VERITAS N AMERICA INC CALIFORNIA ELECTRIC SUPPLY CLEAN HARBORS COUNTY OF SAN DIEGO COX COMMUNICATIONS DAPPER TIRE COMPANY FEDEX GRANICUS INC GTC SYSTEMS INC IMAGINE EVENT DECOR LANGUAGE LINE SERVICES LASER SAVER INC MARCHANTE METRO AUTO PARTS DISTRIBUTOR NAPA AUTO PARTS NATIONAL CITY CAR WASH NOMAD ARTZ O'REILLY AUTO PARTS ORKIN PEST CONTROL PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY SAN DIEGO PET SUPPLY SDG&E SEAPORT MEAT COMPANY SOUTHWEST SIGNAL SERVICE STEVENSON SWEETWATER AUTHORITY SYSCO SAN DIEGO THE LIGHTHOUSE INC TOPECO PRODUCTS UNITED ROTARY BRUSH VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS W W GRAINGER WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS TRISTAR RISK MANAGEMENT NATEr 8`7' WARRANT REGISTER #16 10/16/2012 DESCRIPTION SECURE WIRELESS CIRCUIT SBC AT&T PHONE SERVICE MOP 64096 WEARING APPAREL BULK CHLORINE SAFE ROUTE TO SCHOOL PROJECT MOP 45698 ELECTRICAL MATERIAL HAZARDOUS WASTE PICKUP RCS COMMUNICATIONS MAINTENANCE COX COMMUNICATIONS DATA & VIDEO TIRES FEDEX PACKAGE TO HUD GRANICUS WEBCAST SERVICE / MIS CISCO SMARTNET SERVICE - 1 YEAR TABLES/STATE OF THE CITY ADDRESS 2012 INTERPRETATION SERVICES / POLICE MOP 45725 MATERIALS & SUPPLIES REIMB / ICMA CONFERENCE OCT7-10, 2012 MOP 75943 AUTO PARTS MOP 45735 AUTO PARTS CAR WASHES PERFORMER/ STATE OF THE CITY 2012 MOP 75877 AUTO PARTS PEST MAINTENANCE R&M CITY VEHICLES MOP 67839 AUTO PARTS MOP 45707 BUILDING MATERIAL MOP 45742 LAUNDRY SERVICE MOP 45753. DOG FOOD / POLICE FACILITIES GAS & ELECTRIC FOOD / NUTRITION CENTER TRAFFIC SIGNAL/STREET LIGHTING TRAINING - WEBINAR FACILITIES WATER BILL SUPPLIES / NUTRITION CENTER MOP 45726 AUTO PARTS MOP 63849 SHOP SUPPLIES SWEEPER REPAIRS STRAY ANIMAL VET CARE / POLICE K9 VET CARE / POLICE VERIZON WIRELESS PHONE SERVICE MOP 65179 ELECTRICAL MATERIAL MOP 45763 SHOP SUPPLIES SEPT 2012 WC REPLENISHMENT CHK NO DATE AMOUNT 304405 10/16/12 2,408.51 304406 10/16/12 5,347.55 304407 10/16/12 125.00 304408 10/16/12 460.51 304409 10/16/12 21,607.50 304410 10/16/12 843.28 304411 10/16/12 909.00 304412 10/16/12 9,407.50 304413 10/16/12 3,049.69 304414 10/16/12 1,445.90 304415 10/16/12 25.39 304416 10/16/12 1,477.35 304417 10/16/12 3,769.46 304418 10/16/12 120.00 304419 10/16/12 48.48 304420 10/16/12 83.47 304421 10/16/12 914.10 304422 10/16/12 275.17 304423 10/16/12 7 304424 10/16/12 34 304425 10/16/12 200.00 304426 10/16/12 151.08 304427 10/16/12 373.33 304428 10/16/12 1,044.19 304429 10/16/12 225.93 304430 10/16/12 199.93 304431 10/16/12 281.11 304432 10/16/12 203.15 304433 10/16/12 66,220.76 304434 10/16/12 620.96 304435 10/16/12 11,262.09 304436 10/16/12 25.00 304437 10/16/12 36,387.83 304438 10/16/12 6,542.68 304439 10/16/12 193.91 304440 10/16/12 186.30 304441 10/16/12 374.85 304442 10/16/12 89.00 304443 10/16/12 158.40 304444 10/16/12 180.78 304445 10/16/12 1,290.75 304446 10/16/12 33.36 A/P Total 324,6E 356648 10/15/12 45,469.91 SECTION 8 HAPS PAYMENTS Start Date End Date 10/10/2012 10/16/2012 6,150.39 313 v :r1. 1,887 WARRANT REGISTER #16 10/16/2012 PAYEE DESCRIPTION CHK NO DATE AMOUNT Pay period Start Date End Date Check Date 21 9/18/2012 10/1/2012 10/10/2012 866,276.85 GRAND TOTAL $ 1,242,583.44 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. TINA N 1 RRDIN, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-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 THE 20th OF NOVEMBER, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT "1EETING DATE: November 20th, 2012 AGENDA ITEM NO, 14 ITEM TITLE: Warrant Register #17 for the period of 10/17/12 through 10/23/12 in the amount of $1,131,500.23. (Finance) 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 10/17/12 through 10/23/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Basile Construction 304455 425,165.54 8th Street Underground Sewer Replacement Blue Violet Networks 304456 70,783.69 Install Network Video Management System palm Engineering 304499 142,741.08 Citywide Safe Routes To School Project Public Emp Ret System 304505 262,692.50 Ret Ins.10/02/12-10/15/12 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,131,500.23 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Narrant Register #17 PAYEE CLAIMS MANAGEMENT ASSOCIATES POWER PLUS SAN DIEGO HOUSING FEDERATION ABCANA INDUSTRIES ALL FRESH PRODUCTS ALPHA OMEGA SERVICES AT&T MOBILITY AT&T/MCI BASILE CONSTRUCTION BLUE VIOLET NETWORKS BONSUISSE INC BRENNTAG PACIFIC INC CARLOS ESTRADA GUIZADO CHEVRON & TEXACO MEZA COUNTY OF SAN DIEGO COX COMMUNICATIONS DATA TICKET INC 'LTA CARE USA _TA DENTAL DUNBAR ARMORED INC ESGIL CORPORATION EXPERIAN GTC SYSTEMS INC HARRIS & ASSOCIATES INC HONEYWELL INTERNATIONAL INC HYDRO SCAPE PRODUCTS INC IMAGINE EVENT DECOR INTELLIBRIDGE PARTNERS LLC IRON MOUNTAIN GUERRERO JERAULDS CAR CARE CENTER JJJ ENTERPRISES KAISER FOUNDATION HEALTH PLANS KIMLEY HORN AND ASSOC INC LADCO LASER SAVER INC LEACH LESAR DEVELOPMENT CONSULTANTS LYNN PEAVEY MASON'S SAW & MASTER PLUMBING "CCARTHY TRO AUTO PARTS DISTRIBUTOR .DYERS/NAVE LAW CORP MORRISON N C CHAMBER OF COMMERCE NAPA AUTO PARTS NOWDOCS INTERNATIONAL INC ONE SOURCE DISTRIBUTORS 1/2 WARRANT REGISTER # 17 10/23/2012 DESCRIPTION CHK NO DATE AMOUNT LIABILITY CLAIMS SVCS / OCT 2012 304447 10/22/12 4,965.00 POWER / TEMPORARY AQUATIC CENTER 304448 10/23/12 390.00 MEMBERSHIP RENEWAL 304449 10/23/12 550.00 HYDROCHLORIC ACID, DRY CHLORINE, 304450 10/23/12 481.63 FRYER IFS-75-OP 304451 10/23/12 5,062.85 MASK FIT TESTS / FIRE DEPARTMENT 304452 10/23/12 925.00 SECURE WIRELESS CIRCUIT / PD 304453 10/23/12 399.46 SBC AT&T PHONE SERVICE / MIS 304454 10/23/12 357.32 8TH ST UNDERGROUNDING, SEWER REPLACEMENT 304455 10/23/12 425,165.54 INSTALL NETWORK VIDEO MANAGEMENT SYSTEM 304456 10/23/12 70,783.69 MILK & DAIRY / NUTRITION CENTER 304457 10/23/12 246.46 CHLORINE 304458 10/23/12 545.04 REFUND / CITATION PAID TWICE 304459 10/23/12 60.00 MOP 45699 FUEL 304460 10/23/12 187.23 REFUND - PARKING CITATION P51536 304461 10/23/12 25.00 MAIL PROCESSING / JUL & AUG 2012 304462 10/23/12 4,678.86 COX COMMUNICATIONS DATA & VIDEO 304463 10/23/12 3,173.49 TICKET APPEALS -ON-LINE ACCESS/SEP 2012 304464 10/23/12 2,142.10 PMI COBRA INS - SEPT 2012 ACCT#373604 304465 10/23/12 71.03 COBRA INS SEPT 2012 09086-01002 304466 10/23/12 124.49 ARMORED SVCS - FINANCE 304467 10/23/12 148.91 PLAN CHECKING SERVICES / BUILDING 304468 10/23/12 35,877.78 CREDIT CHECKS / POLICE DEPARTMENT 304469 10/23/12 35.50 NETWORK ENGINEERING SVCS/SEP 2012 304470 10/23/12 1,267.50 8TH ST. SMART GROWTH 304471 10/23/12 4,927.75 LABOR ON 9/30/12 - 19 HRS 304472 10/23/12 5,254.21 MOP 45720 PIPES, VALVES 304473 10/23/12 127.19 SAMSONITE CHAIRS/STATE OF THE CITY 304474 10/23/12 90.00 LEGAL SVCS THROUGH 06/30/12 304475 10/23/12 7,680.00 RECORDS & DOCUMENT STORAGE 304476 10/23/12 142.00 LIABILITY CLAIM COSTS 304477 10/23/12 27,642.74 MOP 72449 R&M AUTO EQUIPMENT 304478 10/23/12 49.99 ALARM MONITORING, FIRE & 304479 10/23/12 900.00 RET INS -COBRA SEPT 2012 GRP #104220-7002 304480 10/23/12 1,379.58 18TH STREET, SANDAG GRANT 304481 10/23/12 20,795.16 MOSSY NISSAN / LIABILITY CLAIMS 304482 10/23/12 115.00 MOP 45725 INK CARTRIDGES - FINANCE 304483 10/23/12 490.19 REPLENISH POLICE CONFIDENTIAL FUND IN 304484 10/23/12 980.89 LEGAL SVCS THROUGH SEPT 30, 2012 304485 10/23/12 25,000.00 LAB SUPPLIES RFQ #1133 304486 10/23/12 957.05 36RD 25R SAW CHAIN RAPID 304487 10/23/12 1,247.72 LIABILITY CLAIM COSTS 304488 10/23/12 1,115.00 SASHES / STATE OF THE CITY 2012 304489 10/23/12 74.00 MOP 76943 AUTO PARTS 304490 10/23/12 48.77 EMPLOYMENT RELATIONS 304491 10/23/12 27.50 WASH N DRY / STATE OF THE CITY 2012 304492 10/23/12 86.99 SALUTE TO NAVY TICKET 304493 10/23/12 50.00 MOP 45735 AUTO PARTS 304494 10/23/12 244.40 W-2 FORM 2012, W-2 ENVELOPES 304495 10/23/12 274.21 MOP 67256 ELECTRICAL MATERIAL 304496 10/23/12 357.61 PAYEE O'REILLY AUTO PARTS ORKIN PEST CONTROL PALM ENGINEERING PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM QUAL CHEM CORPORATION RAPHAEL'S PARTY RENTALS RESTORATION MGMT COMPANY REYNOSO SALAZAR SDG&E SILVA SMART SOURCE OF CA LLC SMITH STAPLES ADVANTAGE STARTECH COMPUTERS SW EETWATER AUTHORITY SYSCO SAN DIEGO U S HEALTHWORKS UNITED ROTARY BRUSH UNIVERSITY PRODUCTS INC WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 17 10/23/2012 DESCRIPTION MOP 75877 AUTO PARTS PEST MAINTENANCE CITYWIDE SAFE ROUTES TO SCHOOL LABOR, R&R TRANSMISSION, MULTIPOINT MOP 67839 AUTO PARTS MOP 45707 SMALL TOOLS CITY HALL HVAC AIRS IDE MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 10/02/12-10/15/12 5 GAL PAIL GRANULAR LINE MAINTAINER RENTALS / 125TH ANNIVERSARY LIABILITY CLAIM COSTS REIMBURSEMENT ED ICC CERTIFICATION RENEWAL FACILITIES GAS & ELECTRIC REIMB / LITIGATING CASES SEMINAR MOP 63845 BUSINESS CARDS-NSD REIMBURSEMENT MEDIC LICENSE MOP 45704 OFFICE SUPPLIES -CITY CLERK MOP 61744 BUFFER - MIS PARKS WATER BILL SUPPLIES / NUTRITION CENTER MEDICAL SERVICES SWEEPER REPAIRS SUPPLIES FOR LOCAL HISTORY ROOM SS025 SERIES 2000 BROWN TOWELS MOP 63850. SUPPLIES / NSD MOP 45763 MISC SUPPLIES - MIS Start Date 10/17/2012 2/2 CHK NO DATE AMOUNT 304497 10/23/12 57.41 304498 10/23/12 242.93 304499 10/23/12 142, 741.08 304500 10/23/12 3,112.37 304501 10/23/12 247.75 304502 10/23/12 42.22 304503 10/23/12 9,122.75 304504 10/23/12 213.51 304505 10/23/12 262,692.50 304506 10/23/12 463.28 304507 10/23/12 1,305.44 304508 10/23/12 43,950.03 304509 10/23/12 1,200.00 304510 10/23/12 70.00 304511 10/23/12 292.16 304512 10/23/12 171.22 304513 10/23/12 126.16 304514 10/23/12 222.80 304515 10/23/12 204" 304516 10/23/12 37, 304517 10/23/12 3,62b.« 304518 10/23/12 1,609.85 304519 10/23/12 110.00 304520 10/23/12 265.43 304521 10/23/12 167.64 304522 10/23/12 372.70 304523 10/23/12 135.92 304524 10/23/12 32.23 End Date 10/23/2012 GRAND TOTAL A/P Total 1,130,897.71 602.52 $ 1,131,500.23 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. L TINA NO ' SIN, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-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 THE 20th OF NOVEMBER, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 'METING DATE: November 20th, 2012 AGENDA ITEM NO.15 ITEM TITLE: Warrant Register #18 for the period of 10/24/12 through 10/30/12 in the amount of $1,271,451.35. (Finance) 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 10/24/12 through 10/30/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Health Net Inc 304580 59,013.12 Insurance R1192A Nov 2012 Kaiser Foundation 304588 165,977.71 Insurance 104220-0002 Nov 2012 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,271,451.35 BOARD / COMMISSION RECOMMENDATION: N/A \TTACHMENTS: Narrant Register #18 1/3 PAYEE BJ'S RENTALS CREATIVE IMAGES PHOTOGRAPHY LOPEZ BOARD OF EQUALIZATION BOARD OF EQUALIZATION DELL MARKETING CORP NATIONAL CONSTRUCTION RENTAL POWER PLUS ACEDO ALLEN ANDERSON BAEZ BEARD BECK BEST BEST & KRIEGER LLP BISHOP BOEGLER 'NYD .ENNTAG PACIFIC INC BROADWAY AUTO ELECTRIC BSN SPORTS CALIFORNIA ELECTRIC SUPPLY CALIFORNIA HIGHWAY ADOPTION CO CALIFORNIA LAW ENFORCEMENT CAMACHO CARAVEO CEB CHILDREN'S HOSPITAL CINTAS DOCUMENT MANAGEMENT CLYDE ARMORY COIdDON CORPUZ COUNTY OF SAN DIEGO CPP PRINTING DANESHFAR DELL MARKETING CORP DEPT OF JUSTICE DESROCHERS DI CERCHIO D-MAX ENGINEERING DOCUFLOW SOLUTIONS INC ^REDGE 'EW FORD _GAN EISER III ESGIL CORPORATION FABINSKI GALINDO ROJAS GELSKEY Nit 8'87" WARRANT REGISTER #18 10/30/2012 DESCRIPTION TOWER LIGHTS/STATE OF THE CITY 2012 PHOTOS / STATE OF THE CITY ADDRESS 2012 TRANSLATION/STATE OF THE CITY 2012 SALES TAX LIABILITY PERIOD JULY-SEPT 2012 SALES TAX LIABILITY FOR PERIOD JUNE 2011 DELL VOSTRO 260 MINI TOWER / SEC 8 FENCE RENTALJ1640 E PLAZA BLVD/PALM POLES / AQUATIC CENTER RETIREE HEALTH BENEFITS - NOV 2012 RETIREE HEALTH BENEFITS-NOV 2012 RETIREE HEALTH BENEFITS - NOV 2012 REFUND PARKING CITATION NC4120823003 RETIREE HEALTH BENEFITS - NOV 2012 RETIREE HEALTH BENEFITS - NOV 2012 PERSONNEL ISSUES THRU SEPT 2012 RETIREE HEALTH BENEFITS-NOV 2012 RETIREE HEALTH BENEFITS - NOV 2012 RETIREE HEALTH BENEFITS - NOV 2012 BULK CHLORINE ELECTRICAL PARTS TENNIS NETS VARSITY / CSD MOP 45698 ELECTRICAL MATERIAL PARADISE CREEK LITTER REMOVAL PD/LTD NOVEMBER 2012 FILMING/PHOTOS 2012 STATE OF THE CITY AD REFUND- PARKING CITATION-NC3120817010 CA ADMIN HEARING PRACTICE 2012 UPDATE CHILD ABUSE EXAMS MONTHLY SHREDDING / POLICE MAGPUL PMAG MAG LEVEL / POLICE RETIREE HEALTH BENEFITS - NOV 2012 RETIREE HEALTH BENEFITS-NOV 2012 SHARE COST BUSINESS CARDS - MAYOR RETIREE HEALTH BENEFITS-NOV 2012 DELL LATITUDE E6520, WINDOWS 7 INVESTIGATIVE SVCS - SEPT 2012 RETIREE HEALTH BENEFITS - NOV 2012 RETIREE HEALTH BENEFITS - NOV 2012 STORM WATER SERVICES 2012-2012 TYPEWRITERS ANNUAL MAINTENANCE RETIREE HEALTH BENEFITS - NOV 2012 MOP 49078 AUTO PARTS REFUND PARKING CITATION-NC3120712004 RETIREE HEALTH BENEFITS - NOV 2012 PLAN CHECK SERVICES / FIRE RETIREE HEALTH BENEFITS - NOV 2012 125 PLAN REIMBURSEMENT RETIREE HEALTH BENEFITS - NOV 2012 CHK NO DATE AMOUNT 304525 10/25/12 236.97 304526 10/25/12 200.00 304527 10/25/12 140.00 304528 10/30/12 1,173.00 304529 10/30/12 986.00 304530 10/30/12 15, 842.20 304531 10/30/12 790.70 304532 10/30/12 195.00 304533 10/30/12 160.00 304534 10/30/12 125.00 304535 10/30/12 110.00 304536 10/30/12 20.00 304537 10/30/12 70.00 304538 10/30/12 140.00 304539 10/30/12 112.50 304540 10/30/12 110.00 304541 10/30/12 260.00 304542 10/30/12 145.00 304543 10/30/12 564.12 304544 10/30/12 119.63 304545 10/30/12 428.00 304546 10/30/12 648.44 304547 10/30/12 864.00 304548 10/30/12 1,960.00 304549 10/30/12 60.00 304550 10/30/12 50.00 304551 10/30/12 140.40 304552 10/30/12 882.00 304553 10/30/12 72.95 304554 10/30/12 1,086.75 304555 10/30/12 280.00 304556 10/30/12 140.00 304557 10/30/12 46,741.00 304558 10/30/12 141.81 304559 10/30/12 250.00 304560 10/30/12 2,217.83 304561 10/30/12 418.00 304562 10/30/12 110.00 304563 10/30/12 70.00 304564 10/30/12 27,447.31 304565 10/30/12 140.00 304566 10/30/12 250.00 304567 10/30/12 216.13 304568 10/30/12 50.00 304569 10/30/12 250.00 304570 10/30/12 619.95 304571 10/30/12 220.00 304572 10/30/12 90.57 304573 10/30/12 115.00 PAYEE GIBBS JR HANSON AGGREGATES PACIFIC HANSON HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HODGES HONEYWELL INTERNATIONAL INC JAMES DUNN JENNIFER KNIGHT JERAULDS CAR CARE CENTER JUNIEL KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KANE BALLMER & BERKMAN KIMBLE KONICA MINOLTA LANDA LEXIS NEXIS LIMFUECO MALDONADO MASON'S SAW & MATIENZO MC CABE MEDINA METRO FIRE & SAFETY MLH MARIACHI MOBILE SATELLITE TECHNOLOGIES MURRAY MYERS NAPA AUTO PARTS NOSAL NOTEWARE OCHOA O'REILLY AUTO PARTS ORIENTAL TRADING CO INC PAUU JR PEASE JR PETERS POST POTTER POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY RAY RCP BLOCK & BRICK INC RELIANCE STANDARD WARRANT REGISTER #18 10/30/2012 DESCRIPTION RETIREE HEALTH BENEFITS-NOV 2012 3.8" MINUS D.G. / PW RETIREE HEALTH BENEFITS - NOV 2012 FULL NETWORK 57135A - NOV 2012 INSURANCE FOR NOV 2012 INS N5992A- NOV 2012 INS R1192A - NOV 2012 RETIREE HEALTH BENEFITS - NOV 2012 LABOR, 5 HRS @ $123.25/HR RETIREE HEALTH BENEFITS-NOV 2012 REFUND -PARKING CITATION-NC1120502006 REIMBURSEMENT - 2012 ANNUAL CODE ENFORCE MOP 72449 R&S AUTO EQUIPMENT RETIREE HEALTH BENEFITS-NOV 2012 INS ACTIVE - NOV 2012 104220-0002 INS HD HSA ACTIVE - NOV 2012 LEGAL / AB 1484 LITIGATION MATTER RETIREE HEALTH BENEFITS - NOV 2012 COPIER EQUIPMENT LEASE RETIREE HEALTH BENEFITS - NOV 2012 ONLINE LEGAL RESEARCH - SEP 2012 RETIREE HEALTH BENEFITS - NOV 2012 RETIREE HEALTH BENEFITS - NOV 2012 MOP 45729 MATERIALS & SUPPLIES RETIREE HEALTH BENEFITS - NOV 2012 RETIREE HEALTH BENEFITS-NOV 2012 RETIREE HEALTH BENEFITS-NOV 2012 FIRE EXTINGUISHER CERTIFICATION 125TH ANNIVERSARY SATELLITE SERVICE FOR THE COMMAND RETIREE HEALTH BENEFITS - NOV 2012 RETIREE HEALTH BENEFITS - NOV 2012 MOP 45735 AUTO PARTS RETIREMENT SETTLEMENT- NOV 2012 RETIREE HEALTH BENEFITS - NOV 2012 RETIREE HEALTH BENEFITS - NOV 2012 MOP 75877 AUTO PARTS ART SUPPLIES / CSD RETIREE HEALTH BENEFITS - NOV 2012 RETIREE HEALTH BENEFITS - NOV 2012 RETIREE HEALTH BENEFITS-NOV 2012 RETIREE HEALTH BENEFITS-NOV 2012 RETIREE HEALTH BENEFITS - NOV 2012 MOP 67839 AUTO PARTS MOP 45707 BUILDING MATERIAL MOP 45742 LAUNDRY SERVICE RETIREE HEALTH BENEFITS-NOV 2012 YARD MASONRY SAND VOLUNTARY LIFE INS-NOV 2012 2/3 CHK NO DATE AMOUNT 304574 10/30/12 120.00 304575 10/30/12 933.42 304576 10/30/12 135.00 304577 10/30/12 5,377.98 304578 10/30/12 4,509.69 304579 10/30/12 525.07 304580 10/30/12 59,013.12 304581 10/30/12 200.00 304582 10/30/12 727.19 304 583 10/30/12 140.00 304584 10/30/12 35.00 304585 10/30/12 251.96 304586 10/30/12 49.99 304587 10/30/12 50.00 304588 10/30/12 165,977.71 304589 10/30/12 3,654.54 304590 10/30/12 21,059.50 304591 10/30/12 300 "" 304592 10/30/12 6,913 304593 10/30/12 155.uu 304594 10/30/12 427.38 304595 10/30/12 160.00 304596 10/30/12 130.00 304597 10/30/12 377.35 304598 10/30/12 100.00 304599 10/30/12 280.00 304600 10/30/12 105.00 304601 10/30/12 2,845.56 304602 10/30/12 200.00 304603 10/30/12 1,079.88 304604 10/30/12 150.00 304605 10/30/12 140.00 304606 10/30/12 378.99 304607 10/30/12 1,137.19 304608 10/30/12 120.00 304609 10/30/12 125.00 304610 10/30/12 213.63 304611 10/30/12 401.75 304612 10/30/12 340.00 304613 10/30/12 140.00 304614 10/30/12 290.00 304615 10/30/12 280.00 304616 10/30/12 15( 304617 10/30/12 261 304618 10/30/12 1,223.97 304619 10/30/12 306.81 304620 10/30/12 190.00 304621 10/30/12 478.55 304622 10/30/12 2,432.87 PAYEE ROARK ROBINSON ROBINSON ROE RUIZ S & S WORLDWIDE INC SAFRAN MORPHOTRUST SAN DIEGO DAILY TRANSCRIPT SAN DIEGO HYDRAULICS SDG&E SERVATIUS SHORT SMART & FINAL STAPLES ADVANTAGE STARTECH COMPUTERS STRASEN THE BANK OF NEW YORK 'E ENGRAVING STORE .E LIGHTHOUSE INC THE LINCOLN NATIONAL LIFE INS THOMSON WEST TRIVIZ UNITED RENTALS UNITED ROTARY BRUSH URIAS V & V MANUFACTURING W W GRAINGER WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY ZIETLOW SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 22 10/2/2012 WARRANT REGISTER #18 10/30/2012 DESCRIPTION RETIREE HEALTH BENEFITS - NOV 2012 REIMBURSEMENT - EDUCATION REIMBURSEMENT - PARAMEDIC RE-CERT RETIREE HEALTH BENEFITS-NOV 2012 RETIREE HEALTH BENEFITS - NOV 2012 TABLEROLL 40X100FT WHITE / CSD INVESTIGATIVE SVCS - SEPT 2012 ADVERTISING - SPEC # 12-08 INLINE RELIEF VALVE 49048-50 FACILITIES GAS & ELECTRIC RETIREE HEALTH BENEFITS - NOV 2012 RETIREE HEALTH BENEFITS - NOV 2012 MOP 45756 MISC SUPPLIES- FIRE MOP 45704 OFFICE SUPPLIES- COMM SVCS MO 61744 WIFI ADAPTER - FIRE RETIREE HEALTH BENEFITS-NOV 2012 CUSTODIAN FEES-07/01/12 - 09/30/12 FLAG BOXES / POLICE MOP 45726 AUTO PARTS LIFE & AD&D, STD, LTD INS-NOV 2012 ONLINE LEGAL RESEARCH RETIREE HEALTH BENEFITS-NOV 2012 RENTAL SCISSOR 30' - 35' LIFT SWEEPER REPAIRS RETIREE HEALTH BENEFITS - NOV 2012 BADGE REPAIR / POLICE MOP 65179 ELECTRICAL MATERIAL JANITORIAL SUPPLIES / FIRE INVESTIGATIVE DATABASES/ SEP 2012 MOP 45763 CABLES/WIRE/PLUG-FIRE RETIREE HEALTH BENEFITS - NOV 2012 Start Date 10/24/2012 End Date 10/15/2012 End Date 10/30/2012 Check Date 10/24/2012 3/3 CHK NO DATE AMOUNT 304623 10/30/12 135.00 304624 10/30/12 355.65 304625 10/30/12 200.00 304626 10/30/12 120.00 304627 10/30/12 310.00 304628 10/30/12 78.71 304629 10/30/12 24.00 304630 10/30/12 744.20 304631 10/30/12 234.57 304632 10/30/12 24,755.52 304633 10/30/12 340.00 304634 10/30/12 300.00 304635 10/30/12 100.08 304636 10/30/12 207.54 304637 10/30/12 984.02 304638 10/30/12 135.00 304639 10/30/12 300.00 304640 10/30/12 169.78 304641 10/30/12 277.74 304642 10/30/12 8,476.93 304643 10/30/12 1,288.49 304644 10/30/12 135.00 304645 10/30/12 407.04 304646 10/30/12 371.23 304647 10/30/12 125.00 304648 10/30/12 57.97 304649 10/30/12 1,133.41 304650 10/30/12 376.31 304651 10/30/12 433.44 304652 10/30/12 260.22 304653 10/30/12 150.00 A/P Total 435,047.37 6,280.44 830,123.54 GRAND TOTAL $ 1,271,451.35 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. TINA N ' ' P IN, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-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 THE 20th OF NOVEMBER, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETINGDATE: November 20, 2012 AGENDA ITEM NO. ).6 ITEM TITLE: Public Hearing to consider adoption of Resolutions Amending Resolution Nos. 2011-248, 2011-249, and 2011-250, 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: Claudia Gacitua Silva DEPARTMENTS: City Attorney PHONES: Ext.4222 APPROVED BY: XPLANATION: APPROVED BY: Please see attached Report to City Council.; FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. General Fund will not be affected.' APPROVED: ENVIRONMENTAL REVIEW: Mitigated Negative Declaration adopted December 20, 2005. Finding of No Significant Impact approved June 22, 2006. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: !Hold public hearing..! BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: 1. Report to City Council (includes Memorandum from City Attomey to Mayor and City Council dated March 24, 2010, and Staff Report dated Novembe15, 2012) 2. 2011 Resolutions: a. 2011-248 (Nagraj) b. 2011-249 (Al-Bayati) c. 2011-250 (Puedan) 3. 2012 Notices of Intent to Amend Previously —Adopted Resolution of Necessity 4. Proposed Resolutions Report to the City Council MEETING DATE: November 20, 2012 SUBJECT: Amendment of Resolution of Necessity Nos. 2010-59, 2010-70, 2010-71, 2011-248, 2011-249 and 2011-250 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. 2012 Staff Report 1 of 3 ATTACHMENT 1 to Agenda Statement On November 15, 2011 Resolution Nos. 2011-248, 2011-249, and 2011-250 were adopted and amended Resolution Nos. 2010-59, 2010-70 and 2010-71 which clarified the language and intent of the temporary construction easements being acquired from the property owners. All other portions of the 2010 resolutions were unaffected by the adoption of the 2011 Resolutions. As a result of the above referenced mediation and further staff discussions it is recommended that the language describing the legal descriptions for the Temporary Constructions Easements which are attached as exhibits to the Resolutions of Necessity should again be revised. The revisions would clarify the necessary property interests being sought; specifically the revised legal descriptions would provide that the temporary construction easements would consist of the right to use and occupy the easement areas for construction and other uses described therein for a period to exceed thirty (30) days. The thirty (30) day time period could occur anytime within a three year time period commencing on November 11, 2011 and terminating 36 months thereafter. In effect the language of the temporary construction easements are being amended to allow for an extension of the time for an additional two years within which the actual thirty (30) day construction will take place. The previous language and proposed amended language is set forth as follows: Previous language: 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 the 12 months time period shall not exceed thirty (30) days. New Language: A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement for a period of thirty six (36) months commencing on November 16, 2011 and terminating thirty six (36) months later. The actual time to effect the construction on and use of the real property during this indeterminate period shall not exceed thirty (30) days. The revision of the language describing the Temporary Construction Easements will be accomplished by the adoption of the amending resolutions presently before the council which will amend the previous 2010 and 2011 Resolutions of Necessity. The amending resolutions will affect only the language of the temporary construction easement contained in the previous resolutions. In all other aspects the language of the previous resolutions remains the same. All of the actions taken by the Council on April 6, 2010 and on November 15, 2011 including the findings made in connection therewith are incorporated herein by 2012 Staff Report 2 of 3 ATTACHMENT 1 to Agenda Statement reference. The staff reports dated March 24, 2010, April 6, 2010, and November 15, 2011 are also incorporated herein by reference. These documents are on file with the City Clerk's Office and the City Engineer and are available for inspection and reference. Attachments: 1. Vicinity Map Exhibit 2. Right of Way Exhibit 3. Staff Report dated March 24, 2010 4. Staff Report dated November 15, 2011 Reviewed by: Stephen Manganiello City Engineer Approved by: City Manager 2012 Staff Report 3 of 3 ATTACHMENT 1 to Agenda Statement AM TM014v44 ,N AAN 4.011ro11d OMI$lut,�► a*^n VZV14 ♦WO ..,YPN.. son AIf Y AM* nos ♦W4, EMIR E.. 41141.01.0. 110M40110 O NO•rttrliSSIS EMS MOM 2012 Staff Report - Attachment 2 a fa )a k8 •0 NAGRA.7 INC. CONSTRUCTION EASEMENT (1686 SF) fi1GH T or WAY TAKI" (675 51 ) 2012 Staff Report - Attachment 2 (JPD 0 0 •.e re 1e se TODD Al - RAYATI & SAMIYA ABDUL SATTAR KADDORY coNSrRUDlION EASEMENT (B73 SF) RIOT OF NAB `AKE (3Z SF) • 2012 Staff Report - Attachment 2 to i'ULbAN !'AM!LY !RUST CONS"RUCTTON CASrMrN- (2136 sr) i21d;N1 (N VJAY `AK; (Ii SI ) i Mayor Ron Morrison Council Members Frank Parra Alejandro Sotelo-Sofs Jess Van Deventer Rosalie Zarate Office of the City Attorney TO: Mayor and City Council FROM: City Attorney SUBJECT: Public Hearing and Resolutions of Necessity; Property Acquisitions for Plaza Boulevard Street Widening Project City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette DATE: March 24, 2010 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 widtLs for the widening of the street right-of-way, it was necessary for the City to acquire permanent and/or temporary construction easements from the owners of 37 of the properties located on the north and south sides of Plaza Boulevard. As required by law, the City first obtained appraisals to determine the fair market value of the property interests needed to be acquired, then made offers to the property owners to purchase those property interests based upon the indicated fair market value. (Please refer to the attached letter from the City's acquisition agent, Jane L. Wiggans, SR/WA of the Wiggans Group.) In the case of 18 of the 37 properties, acquisitions have been completed or are in escrow through negotiated purchase. In order to secure the necessary easements for the Project in a timely manner, staff is recommending that the City Council take the first steps toward acquiring the easements through eminent domain proceedings. These steps include the holding of a hearing at which -the affected property ownersnmayappear, 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 2012 Staff Report - Attachment 3 Page 1 of 2 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. GHE/gnio GEORGE H. EISER, III City Attomey 2012 Staff Report - Attachment 3 Page 2 of 2 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. 2012 Staff Report — Attachment 4 Page 1 of 2 As a result of the mediation and further staff discussions, it is recommended that the language describing the legal descriptions for the Temporary Construction Easements , which are attached as exhibits to the Resolutions of Necessity, should be revised. The revisions would clarify the necessary property interests being sought; specifically, the revised legal descriptions would provide that the Temporary Construction Easements would consist of the right to use and occupy the surface and sub -surface of the easement areas for a period of 12 months commencing November 16, 2011, and that the actual time to effect the construction on and use of the easement areas during this 12-month period shall not exceed 30 days. In addition to clarifying the property interests being sought by the City, the revisions of the language describing the Temporary Construction Easements could facilitate further discussions with the property owners to complete the acquisitions without the necessity of going to trial. The revision of the language describing the Temporary Construction Easements may be accomplished by the adoption of resolutions amending Resolution Nos. 2010-59, 2010- 70, and 2010-71 The revisions would affect only the Temporary Construction Easements; all other provisions of those resolutions would remain unchanged. The revised language is attached as an exhibit to the to the resolutions approving the amendments. All of the actions taken by the City Council on April 6, 2010 in adopting Resolution Nos. 2010-59, 2010-70, and 2010-71, including the findings made in connection therewith, are incorporated in this report by reference. The document titled "Project Description" that was included in the agenda background materials for the April 6, 2010 Council meeting, and all exhibits included in those materials, are also incorporated herein by reference. These documents are available for inspection at the City Clerk's office and the City Engineering Department. Attachment Exhibit "A" Vicinity Map 2012 Staff Report - Attachment 4 Page 2 of 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 Finn and the City of National. City was approved and the PE phase began. The PE work included preliminary engineering calculations, Plaza Boulevard alignment study with various proposed alternative maps for widening, and environmental clearance: Five alternative alignments were presented and the most desirable one was selected for the project. The selected alignment had the minimum impacts to the adjacent properties. The limits of the minimum impact were based on the standard design criterion that was required for the project and its objectives. The City Council was periodically informed during the PE process. On December 20, 2005 as a major part of the final PE work, the City of National City adopted the Mitigated Negative Declaration (MND), and. on June 22, 2006 obtained approval of the Finding of No Significant Impact (FONSI) under National Environmental Policy Act (NEPA) requirements from the Federal Highway Administration (1FIHWA). 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 acgt isition.could start while Caltrans is fiinahi,.ing 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 beready for construction in 2009; RESOLUTION NO. 2011 — 248 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", "5", "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; Califomia Government Code Sections 37350.5, 38900, 39790, 39792, 40404; and 66410 et seq.; Califomia 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; ATTACHMENT 2(a) to Agenda Statement Page 1 (Page 2 of 10) Resolution No. 2011 — 248 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 properly 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, ATTACHMENT 2(a) to Agenda Statement Page 2 Resolution No. 2011— 248 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. ATTEST: n Michael R. Delia, 'i ity Clerk APPROVED ' S TO FOR udia Gaci ua Silva City Alto on Morrison, Mayor ATTACHMENT 2(a) to Agenda Statement Page 3 • (Page 4 of 10) 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 D1EGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF J'IO. 166, FILED. IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, -MAY 11,.'11169,. 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, 2102 WHICH BEARS SOUTH 17"35'27' EAST 285.74 FEET FROM A BRASS -DISK STAMPED CPO ACCORDING TO SAID RECORD OF SURVEY MAP; TFIEt4CE NORTH $9'04'36' 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 (AND AND THE BEGINNING OF A NON -TANGENT 540.0O- OOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 12°05'11' WEST, SAID. POINT BEINO.ON THE SOUTHERLY UNE OF PLAZA -BOULEVARD; 2. THENCE ALONG TIME NORTHERLY UNE OF SAID' PARCEL EASTERLY ALONG THE ARC OP SAID CURVE THROUGH A CENTRAL ANGLE OF 16603'56* A -DISTANCE OF 151.41 FEET TO THE NORTHEAST CORNER OF SAID LAND, A RADIAL UNE TO. SAID POINT BEARS SO0TH: 3°58'45' EAST (SOUTH 44'17' EAST PER SAID DEED) 3. THENCE LEAVING SAID NORTHERLY UNE ALONQ THE EASILY LINE ' OF .LAND PER SAID 'DEED SOUTH 17 11'4T. EAST 2.81 • FEET TO THE BEGINNING -Lk rfl IV -IT GEN 1612.18-170LIT"RADICIS7CURVE-CONDAVE: NORTHERLY, A RADIAL LINE TO SAID POINT SEARS SOUTH 4°40'21- EAST; 4. THENCE LEAVING SAIOEASTER.Y UNE, WESTERLY ALONG THE ARC OF 'SAID;CURVB THROUCF1-A CEIARAl.ANGL. OF 13°69'51".A DISTANCE OP .149.56•FEET TC3TNE TRUE POINT OEBEGINNING.• AREA 0.914 ACRES,. MCIftEOR. LEO' • if* 7719R ' HICKEY . A 'RCE27648 EKP: 3-31-18 ATTACHMENT 2(a) to Agenda Statement - Page 4 - 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 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". ATTACHMENT 2(a) to Agenda Statement Page 5 ,c nyc c ,+a 1V) 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 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 0.039 Acres. ATTACHMENT 2(a) to Agenda Statement Page 6 • Exhibit "C" TEMPORARY CONSTRUCTION EASEMENT APN 55.7-4101-19 THAT PORTION'OF THE NORTHWESTERLY QUARTER OF THE WESTERLYHALF OF 81100 ACRE' LOT 2 IN QUARTER SECTION .129.QF RANCHO OE.LA MACON, IN THE CITY OF NATIONAL CITY. COUNTY OPSAN DIEGO; STATE OF CAUFORNIA. ACCORDING TO MAP 'THEREOF NO. 166. FILED IN THEOFFIC.EOFCOUNTY RECORDEA OF SAN D/EGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: • BEGINNING AT A TiRA6S DISK.STAMPED CPS ACCORQING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE. COUNTY ItECORDER•ON AUGUST 39, 2002' WHICH' BEARS SOUTH 17°3627EAST 28674 FEET FROM A BRAS. DISK STAMPED CPO -ACCORDING TO .SAID RECORD OF SURVEY MAP,' THENCE NORTH 89°04.36- EAST 383.6'3 FEET TO A POINT IN THE WESTERLY .LINE OF LANO PER DEED RECORDED MARCH 13, 1998AS DOCUMENT No, 1998- 01311189 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 9619'30'WEST, SAID POINT BEING THE 1-Rut POINT OF BEGINNING; 1. THENCE LEAVING.SAID WEb kutLY UNE EAStERLY ALONG THE ARC OF SAIO CURVE:IT:TROUGH A CENTRAL ANGLE OF 13°59.61'A DISTANct OF .149.54 FEET TO APOINT ON THE EASTERLY IJNE OF LAND "PER SAID DEED:- ' • 2. THENCE ALONG SATOEASTERLY LINE SOUTH 174.41.47- EAST {SOUTH 113133r EAST PER SAID DEWY 10211 FEET TO THE BEGINNING OF A NON -TANGENT 822.20FOOT RADIUS cURVE*GONCAVE NORtiERLY., A ---RADIAL,UNWRO:SAIET-WIN*_SEARS.SO, LITH*53!08t-EAST: ' -• 3. THENCE LEAVING SAID EASTERLY LINE.WESTERLY ALONG THE ARO OF • SAID - CURVE 'THROUGH A CENTRAL ANGLE OF V•3cr2t"A OIBTANCE OF. - • • . . 4.. THENCt SOUTH 0`49•4? WEST' 4.00 FEET •To THE BEGINNING OF. A NON- tANGeNT- ,626.20-FOOT RAMOS CURVE CONCAVETVORTHERLY, A toimAt. ONE TO S;Alp:PoiNi: BEAR.s sOutil 1to.EsT: . * • • * 6.• ILLE1.4. CE WE4TORLY 401;10 • THE AHC. OF VAIDL 'cURVE THROUGH A•. CENTRAL /1/41,41.E .0F42500" DI3TAWkOF, 40.3iTktil• • G.- THEigOE' NORTH-1b40'39) EMT` 403 WET TO TILE BEGINNING 1**A NON- ' .TAWEHT.OWO-FOOT RADIUSt1JR1t-CONOAVgNQR1HERLY, /OW:44 141E TO WOOPOINT HEARdOU4vv. ' 7. THENCE WESTERLY ALONG- THE ARC SAID CURVE THROUGH :A • dENTRAL ANGLEOF .5.!srits" AbisTAiipg 63,40 FE.ET POINT'ON • THE WF.STERLYUNE OPONO PERSAID OEM - • • .8 7.w.4paA1ot1asiVo WrzsmRa u.144 NORTH I7414T`.VieST,I, 120 EET •TATHE Mpg POINT'00.13E0iNNINQ, • • • •• , " • . • . . . . • • • • pagtlig2* . ATTACHMENT 4a)- to Agenda Statement ' Pager ,rnyc u VA. J.V% Exhibit "C" (Page 2) AREq = O.O39 ACRES, MORE OR LESS. r S 2Z•eS• mIcKEY 8:'40 IR RRE 27.640 • EXP: 3-31-10- • t'. . Peys 2 ot2 ATTACHMENT.2(a).to Agenda Statement • Page 8 • Exhibit "D" APN 557-4I0'I9 D6 % nLA 1 y Pc. atv 1y CP5 383.63 N 89134'36' 'T.P.O.B. PERIL ACQ. z AN➢ ICE o, J • TABULATO:tlNit.DATA. . euRVE MITA. RAONS .LEH Ill C1 -16'03'3&' 5411A0'- .; tstA ' C . 13 9 5r • C12.21? b'222O 140.5r. . •38:O9.' - C3 • yso ar Sd 4'25'0al'628:20' ' 41i;30. 15 5'S0.3= •622. ..' -63:4e P.O.B. PERMANENT ACCUISMON• MEA a O.b14 MRES Tt7aPb4t & cONS'1EUCTION ARTA a 0.03vA¢RES 1RUE POINT OF BEGINNING POINT OF.BEGAMING CON1 OL PANT PE#t BOs i7515 DRW BY: KA GIEQQD BY: N APPROVED:BY - • • • C1 tR 0 PLAZA BLVD. I {v m p+ C LAND PER• DE D. REO.• 3J13/9B A§ DOC. NO..1998=013818D OR. S tW40'21' E (It) �p 557-410-19 POR. NW 1/4 DE W 1/2 OF 80 AORe LOT 2 JN 1UAI TER S1rC. 129 OF RHO.. E E LA NAcJoN• • MAP No. in NA 1 NAL. •• PETtI�l1HtNT.AC4I5lADN. '. • AND TEI1POtij1RY .E124$711#)CAON Wadi AEN. 557410r19. N4tw . • .r. ,DwG. R0.• • ATTACHMENT 2(a) to Agenda Statement • Page 9' • ,ruyc av va SU) Passed and adopted by the Council of the City of National City, Califomia, on November 15, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: Councilmember Zarate. AUTHENTICATED BY: RON MORRISON By: Mayor of the City of National City, California a City Jerk of the City f National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-248 of the City of National City, Califomia, passed and adopted by the Council of said City on November 15, 2011. By: City Clerk of the City of National City, California Deputy ATTACHMENT 2(a) to Agenda Statement Page 10 RESOLUTION NO. 2011 — 249 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 properly 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 Satter 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", "8", "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 Govemment Code Sections 37350.5, 38900, 39790, 39792, 40404; and 66410 et seq.; California 3 and 5023.1; California Code of Civil Procedure Sections 1240.010?1240,020, 1240,110, 1240.120 and and 1255,410; and ATTACHMENT 2(b) to Agenda Statement Page 1 (Page 2 of 9) Resolution No. 2011 — 249 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 Califomia, 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. ATTACHMENT 2(b) to Agenda Statement Page 2 (Page 3 of 9) Resolution No. 2011 — 249 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. ATTEST: on Morrison, Mayor j Michael R. Della, ity Clerk ATTACHMENT 2(b) to Agenda Statement Page 3 EXHIBIT "A" PERMANENT ACQUISITION APN 557-420-30 . • THAT PORTION OF PARCEL No. •2 OF PARCEL' MAP NO. 478, IN THE CITY OF &ATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FtLEI) IN THE 'OFFICE OF 7HE 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 SUF;VVY MAP *NO. 17515 FILED IN THE OFFICE OF THE'COUNTY RECORDER ON AUGUST 30; 2002 WHICH BEARS SOUTH.65°72'41' *EST 1089.05 FEET FROM A BRASS DISK• STAMPED CP3 ACCORDING TO. SAID.RECO} OF' SURVEY MAP; THENCE NORTH 66"29'03' CHEST 39.12 FEET TO: A POINT ON THE NORTHERLY. LINE OF SAID: PARCEL. SAID -LINE ALSO BEING THE SOUTHERLY UNE OF. PLAZA BOULEVARD, SAID•POINT BEING THE TRUE POINT OF'BEGINNING; 1. THENCE LEAVING SAID' NORTHERLY UNE SOUTH 16°2775" EAST 2:54 FEET; 2. TMENCE SOUTH76°30'26" WEST 15.00 PEET; • 3. THENCE. NORTH 16°27'25" WEST 206 FEET TO A POINT IN SAID'. - WORTHER,LY•tIN . 4. THENCE ALONG .SAID NORTHERLY UNE. NORTH 74°41'06' EAST (NORTH 73°4EAST PER SAID PARCEL MAP)•.14.98.I-Elri•TO THE •T{ UE.POINT OF BEGINNING. ' -AREA Y 3 Sql- l .-MuiAzd s5., • ATTACHMENT2(b) to Agenda Statement Page4 • ' wage a of y) 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 lime 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 occupantsof 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 shalt 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 allacts 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, restoping 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".. ATTACHMENT 2(b) to Agenda Statement Page 5 (Page 6 of 9) • EXHIBIT "B" (page 2) 11 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. ATTACHMENT 2(b) to Agenda Statement Page 6 (Page 7 of 9) Exhibit-IVJ?----:- • . - TEMPORARY CONSTRUCTION EASEMENT • •*- • APN 557.420-30 - • THAT. PORTION OF PARCEL NO. 2 OF PARCEL MARNO. 5478, IN THE CITY OF HATIONAL•CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, KED IN THE. 'OFFICE 0F THE COLINTYRECORDER OF SAN QIEGO COUNTY ON 3ANuARY 13, 1077. AS -FILE NO. 77-0142629F- OFFICIAL- RECO.RDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: • . • . . • . BEGINNING AT.A BRASS DISK STAMPED C1M ACCORDING TO 'RECORD OF. SURVEY MAP NO. 17515 FILED IN THE OFFICE OF COUNTY RECORDER ON AUGUST 30..2002 WHICH SEARS SOUTH 8°.12.41' WEST 10139:80, FEET FROM A ' . BRASS DISK STAMPED CPS. ACCORDING TO SAID. RECORD •OF SURVEY MAP; THENCE -NORTH 6.0°29'Qr• WEST 39:12•FFET TO .A POINT ON THE NORTHERLY • UNE OF SAID PARCEL 2; SAID UNE. ALSO BEING THE SOUTHERLY LINE OF P1AZA BOULEVARD, SAID -POINT BEINGTHEitua PONT OF BEGINNING; 1. THENCE ALONG. SAID NORTHERLY UNE NORTH 74°40)8" EAST }8.99 • FFEttcr THE NORTHEAST CORNER OF SAID PARCEL•2; 2: THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 2 SWI1-1•17°4513' EAst 13.11. FEET:. : - • • 3. THENCE LEAVING SAID- EASTERLY UNE SOUT4-1 /60302e WEsT 37.31 • • t 7- • •ft . • .•THENCE NORTH .16°2126' WEST 5:01 FF:ET; • - 6: THENCE SOUTH 78°30'28`•WEST 00.18 FEET TO THE:WESTERLY LINE OF . . SAID PARCEL Z. ... .64. FEET. •TO THE NORTHWEST CORNER -tHERE'OR •• . • " T. TT1ENOE -A1:01;1G. THE NORTHERLY 'LINE OF -••SAD PARCEL 2 NORTH • 7441'860U 85.14.FE.0.; ' . • • • '::FEET4f . • 8. THENCE LEPING SAID -NORTHERLY UNE 'SOUTH 16V7.5" EAST 2.08 • iroguie 76630.:V:e EAST•16:60 FEET: . . • • .• 10-115NPk-tigEtTlf fe07g.57 -WF_ST 2,64' FEET TO' THE •TM4 eceir ' ..?NREA t0-40, filo wags.. . • • • EXP. 3-31-10. • • • • . , . • . ; , • - • . • . ..•. • • • :6.4 0/:-. - ROE P048• ,"'• • • • ": : • •. • • -'‘ •-. • .. • 4 • •• • AT TACillg&T 2(b):to AgendaStatement • • Page •' • • • (Page 8 of 9) . • txnrixt 71)- • APN57-429.-50..1. Li T.P.O.B, PERIL AN. AHDT� z CD 9 T.P•O,B.t at AM IUISSHE .41 SEE DE - s s 101T -* 1.11GRWAY sp:PE EAVMFig AMA As ME • 4.4i67 POR, NW 1/4 Di W 1/2 OP 80 ACRE' LOT 2 JN QUARTP„R MO, 120 OP *JCL IV LA NAOION MAP NO, 168 4P. 4 tatiME*0".. • 2 j71' 1111Itiblire CIAIBDPCBON • E.A.V5UtfIT Cr*•4. AREA I... 923 WARE FlIT MDR litIg PONT kniaminto. pow oF.Eiscegap - .{Atikicroilk • DA lop Pit oito -1416441.;09 WE:47:044 . . - ig S P.O.B. GP4 •PAR, .. . TotAikutie Tait „ wt. . DEMING.: • fiNcift „:11 $1611.25:,.E. " 244.••• • - 1.2 ; 76'440'. %V , 'OW • .1`41',...:14: 1W4r2.5! iv: :.„..2,06., 1.4, -,,It."7.44006". g.,.. Mai,. L5. t.1'14:E,1.10:99' - 1400*.4.6 • • ••Kftiuggotignat Taioltom ...wer,Pri Elia* . 61055:14m-ou Roo AL—BAM. lD VOW- &MAR KADOCkiY: NO. Irk NO. ATTACHMENT.;(b) to Agenda Statekrient. • • '; Page 8, •. • •.. (Page 9 or 9) Passed and adopted by the Council of the City of National City, California, on November 15, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: Councilmember Zarate. AUTHENTICATED BY: RON MORRISON By: Mayor of the City of National City, California d) City ty f National City, California Clerk of the Ci Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-249 of the City of National City, California, passed and adopted by the Council of said City on November 15, 2011. By: City Clerk of the City of National City, California Deputy ATTACHMENT 2(b) to Agenda Statement Page 9 RESOLUTION NO. 2011 — 250 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 properly 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 Protect (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 Califomia 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; ATTACHMENT 2(c) to Agenda Statement Page 1 (Page 2 of 10) Resolution No. 2011 — 250 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. ATTACHMENT 2(c) to Agenda Statement Page 2 usage 3 of 10) Resolution No. 2011 — 250 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 ail 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. ATTEST: PASSED and ADOPTED this 15th day of November, 2011. 4. 2024) Mic el R. Della, C' y Clerk PROVAS TO FORM: udia Gilva City Attorn Morr(son, Mayor ATTACHMENT 2(c) to Agenda Statement Page 3 (Page 4 of 10) EXfITBIT`A' . PEviANENT ACQ(JTSTI'ION • APN 557r410.05: . THAT PORTION OF THE NORTHWEST QUA1J1'Eit OF THE'WEST HALF OF LOT 2 IN QUARTER, SECTION 129 OE THE RANCHO DE LA NACIO1 , THECITY OF NATIONAL CITY, COUNTY OF, SAN I)I$GO,: STATE OFICALFFO1tNIA, ACCORDING TO MAP THEREOF, NO.166,,FLED IN THE OFFICE OF THE COUNTY RECORDER 0.E SAN DIEGQ COUNTY, .MAY 11,1869,.MORE PARTICULAR? 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 .ONAUGUST 30; 2002 WHICH BEARS NORTH 87°46' 13"•EAST 805.90 FEET FROM ABRASS .•I)ISK STAMPED CP5 ACCORDING TO SAID RECORD OP. SURVEY MAP; THENCE SOCITH 86 ° 54'27"•WEST 144.07 MEET TO' A POINT IN THE EASTERLY LINE OF LAND PER DEED RECORDED SEPTEMBER 25;2003 AS DOCUMENT NO.2003,1182085 OF ; OFFICIAL RECORDS, SAID.f'OINT BBINi3 THE TRUE POINT OF BEGINNING; 1. ' THENCE LEANING SAID EASTERLY LINE SOUTH 96°10'26" W ST• 36.83 FEET TO T BEDINN1 OEOF A TANGENT'. 61216-FOOT'RAD3iJS CAVE •. CONCAVE NORTHWESTERLY; 2. 'THENCE SOUTHWESTERLY ALONG THE ARCXF SAITJ CUVET'f•1ROUGIi. A.CEN'TRAL ANt LB OF 8°49'Ir. A DISTANCE OF 94.24 MITTO.A FM'? ON THE Y'E3 ERLYLINEOF LAND PER SAID DEED; • • 3: THENCE ALONG SAID WESTERLY LINE NOR1H.17°414'7" WEST 2.61 FEET 'TO THBNORTCfWEST CORNER 01? SAID LAND AND TmBB(}i ThiniO or A NON -TANGENT 540.o07FOO r RADIO CURVE CONCAY .NQ1 i .tLY, A . 'RADIAL UNE TO SAID POINT amts SOT1T`ff 3°5Ss4t" VAST; SAID FOTNC• BANG ON Ta SO.UTHE1 LY LINE OF PLAt,A BOIILEVAI ;, 4. THENCE EASTERLY ALONG THE NORT14E iLY LINE•0$ SAID LAND AND ALONG THE ARC OF SAID CURVET ROUGH A CENTRAL ANGLE 13°54'25" 4 DISTANCE OF 131.07 FEET TO, THENORTHEAST CORNER OF •SAID LAND;. ' • 5: •THENCE ALONG SAID EASTERLY LINE THEREOF SOUTH 17°21,'57" EAST 4:01 PEET TO T1iE TRUE PU1N'I'•OF BEGINNING:. . AREA=.008 4cRB , MOYtB Oft LESS Pagp 7 of 11 • ' ATTACHMENT 2(c) to Agenda Statement Page 4 • ,rage a of 10) 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 (i 2) months later -The actual time to effect the construction on a nd us a 6f 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 atl 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 saki easement area described in Exhibit "C' and Exhibit "D". ATTACHMENT 2(c) to Agenda. Statement Page 5 (Page 6 of 10) 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 repairlrepplacement of any Landscaping, structeres, fences, driveways, or other improvements on or in the easement area that belong to the owner() 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 pleceland/or i relocated. The Temporary Construction Easement area is described in Exhibit and Exhibit • "D' attached hereto and hereby incorporated by reference and consists of approximately 2136 Sq. Feet more or less. (0.040 Acres) ATTACHMENT 2(c).to Agenda Statement Page 6 . I Exhibit "C" • TEKtioP.ARY colis'iittetioN EASEMENT APN557-40-95 THAT PORTION OF rtm NORTHWEST QUARTER OF TIE WEST HALF OP LOT 2 IN QUARTER. SECTION 129 olt ThE' RANCHO DE LA NACIONi IN THE CITY .OF NATIONAL CITY, conify OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDiNG TO MAP 'THEREOF NO,. 166, FILEDIN'THE oFFICE OP THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY it, '1869, MORE PARTICULARLY VESCRIEED FOLLOW -• "r4v • *BEGINNING AT A BRAsS DISK STAmPED CP4 ACCORDING TO RECORD OF SURVEY MAP No. 17515. FTLED IN THE OFFICE OP THE cOUNIY RECORDER ON AUGUST *30, 200.2 MECH. RMRS NORTH 87°46,13'1 EAST 805.90 FEET FRoM A BRASS DISIC STAmIED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE sottrx 86°5427" WEST 144..07. FEET TO A POINT IN TEE awmtLy LINE OF LAND PER DEED RECORDED SEPTEMBER 25, 2003 AS DOCUMENT NO; 2003-1182085 OF OFFICIAL REcottpp, SAID POINT BEING TEE TRUE POINT OP BEGINNING; I. THENCE ALONG SAID EASTERLY LIN'EsOuTH -1r21'57" EAST 164 fiET TO. THE nEoNNINO OF A NON -TANGENT 622.20-FOOT -RADIUS -CURVE CONCAVE NORIIIEWESTERL. t, A RADIAL LINE TO SAID POINT• BEARS • SOUTH 11°02152?.BAST; 2. :1161/4CE LEAVING SAID Wit= LINE WESTEEtir ALONG:THE ARC OF - • SAM CURVE THROUGH A CENTRAL ANGLE 0t4613152;' A.DisTANdEar 45:95 FEET; . 3. TEE3NCE. NORTH ,49!05'05" WTES. 9.94 IlEET. TO THE BEGINNING 01? A • NON -TANGENT 62220-.POOT EADII* CURVE :CONCAVE trilitivcrogri*y, A RADIAL L1 TO' SAM.0•11' Iltast0UTH- i21131)r.F.AsT;. • • : 4. THENCE WESTERLY ALONG ThJ3 4RC OF 'SAID Ct1RVE IIIROUGH cENTRAL, ANGLE OF .1°43)25'A DISTANCE OF I 87214$4; • • . 5., TEENCE SOUTH 3A0'13" .WEST 10.91 FEET TO THE. BEGINNING OF A NON:TANGENT • 62120-FOOT RADIUS CURVE • CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID.. pon. E034Rs. som. 9949VEAST; . . • , 6 TriFINIM inRcTRRLY Lf11ft THE ARC OF OF SW CURVE THROUGH. A• • • CENTRAL ANGLE OP 4°49.'39". A .bistAia 52.42-14dtTi) MQINT it • . • Tim vkr.E§T}3gX Lf14E.OP LAND lifs:s4111 OTED;• • .. I' • ••• . • •ATTACHMENT 2(c) to Agenda Statement Page 7 • • , (Page 8 of 10) 'Exhibit.."C" (Page2)1 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: THENCELEAVING SAID WESTERLY LINE EASTERLY ALONG.TILE ARC OF SAID CURVE THROUGH A CENTERAL ANGLE OF 8°49'13" A DISTANCE OF 94.24 FEET; 9. it CE. NORTH 76°3026" EAST 56.83 FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.049 ACRES, MORE OR LESS • ATTACHMENT 2(c) to. Ageuda Statement .Page 8 • (Page 9 of 10) 03S815":E (R) 160' -1 111.4121E . • ; • • Cb cr. ii:14eRtpe • 1.3A t.1 • litt 110645.. VA. 'FA 'OA t 'At ill I • 91. LARO.PER DER REC. $A5/03. LS DPC.. NO. 23-1t820e.5 .QJ.. . • tR. NW 1/4 QF • W -I/2 LOT 2 IN alJART8:1 SEC. 129 Of• RHO. DE LA NACION MAP. NO.. 116 6 557.-41.0-05 • S 177157' E 4.01* • ")\" 4\ S 116450rV- r 11114TY. ARD. iCCESS CF4 EASEUENT REC. 7/23/613 a nit HO. 124201 O.R. 0-, P.ER1L AUL ' 414D. 11X . •-- .:PJF4. - .VaTA • . 1 ' 'a' : -"Plit • • rolf - •, C2 4454'2,5! •6 , “ fv.or . ez 41ssr 50-70, . a • ria'2,1!-- 0120'. 71' , .• Cs • .4'03 9.. • ' 5Z42' Exhibit "D" • AIIN57.410.05.. • -14 snrir E • 2,6%,; • Itcrw'r IE NNA tt: •Asit4, = tit /alit T.P..0.0. 111JE poor OF 411411140 Fallft OF REOUlf4ING • A atitRok pouri 11ER RDS 11515. • DOR. NO: • • • • • ATTACHMENT-2(c) to•Agenda Sttepiep • . • Page ••• - . • ,rage 1V OI 10) Passed and adopted by the Council of the City of National City, Califomia, on November 15, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: Councilmember Zarate. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California By: ierk of City the City of 4ational City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-250 of the City of National City, Califomia, passed and adopted by the Council of said City on November 15, 2011. By: City Clerk of the City of National City, California Deputy ATTACHMENT 2(c) to Agenda Statement Page 10 NOTICE OF INTENT TO AMEND PREVIOUSLY — ADOPTED RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) DATE: November 5, 2012 TO: Nagraj, Inc. 1700 East Plaza Boulevard National City, CA 91950 Antony Nash, Esq. McKenna, Long & Aldridge, LLP 600 W. 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 Califomia 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: 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering©nationalcftyca.gov ATTACHMENT 3 to Agenda Statement (Nagraj) Page 1 (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 lease 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 20, 2012, 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 a Second 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. The proposed resolution, if adopted, will approve a second amendment of a previously approved Resolutions of Necessity and an Amended Resolution of Necessity to authorize the City of National City to acquire the property by eminent domain. Descriptions of the required property interests 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 Amended Notice, you will be entitled to appear and object to the adoption of the proposed second amended 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 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 designation 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. ATTACHMENT 3 to Agenda Statement (Nagraj) Page 2 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 By: Page 3 of 3 Ste • en Manganiel City Engineer ATTACHMENT 3 to Agenda Statement (Nagraj) Page 3 EXHIBIT "A" PERMANENT ACQUISITION _ ARN 557-410-19 • • THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF OF 80:00 ACRE LOT 2 IN ()CARTER SECTION 129 OF -RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY; COUNTY QF SAN DIEGO, STATE OFCALIFORNIA, ACCORDING TO MAP THEREOF140. 166, FILEDIN 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 011 AUGUST 30, 20D2 WHICH BEARS SOUTH 17°35'2r EAST 285.74 FEET FROM•A BRAS$.•OISf STAMPED CP6 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH $6'04'36' EAST 383.63 FEET TO A POINT IN THE WESTERLY LINE OF LAND PGA -DEED RECORDED MARCH 13..1998 A P, CUMFNT NO 1998- ' 613818g OF OFF1CIt RECORDS, SAID •POINT BEING 'THE. TRUE POINT OF BEGINNING; • 1, THENCE ALONG SAID WESTERLY UNE NORTH 17•41'47' WEST 7A5 FEET Tp 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 POIw BEARS SOUTH 12'05it`WEST, SAID POINT BEING. ON THE SOUTHERLY UNE OF PLAZA BOULEVARD; 2. THENCE ALONG THE NORTHERLY LINE QF SAID PARCEL EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°0316' A -DISTANCE OF 151.41 FEET TO THE NORTHEAST CORNER OF SAID LAND. A RADIAL LINE TO. SAID POINT BEARS SOUTH 3°5845'EAST (SOUTH 4'24'1 T EAST PER SAID DEED) 3. THENCE LEAVING SAID NORTHERLY UNE ALONG THE EASTERLY 'UNE • OF .LAND PER SAID DEED SOUTH 17. 4:1'4r. EAST 281. FEET TO THE BEGIFI4IR'Get'3F'7C'RIWTIMEMT-61 04-wl RADIDS7CURVET:ONCAVE77 NORTHERLY; A RADIAL LINE TO SAID POINT BEARS SOUTH 4•4621".* EAST: 4. THENCE. EAVING SAID -EASTERLY UNE.WESTERLY ALONG THE ARC OF 'SAID; CURVE. THROUGHH-A ANGLE -OF !3°i31' A DISTANCE Ofi '149.56 FEET TO r E TRUEF1.3EGINNING • • . . AREAr 0114 ACRE,. MORE Ojl' LESS: • MICKEY ?. AG - •y ROE 2 648 :EXP: 3-31-10 0 ATTACHMENT 3 to Agenda Statement (Nagraj) Page 4 EXHIBIT "B" TEMPORARY CONSTRUCITON 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 thirty six (36) months commencing on November 16, 2011 and terminating thirty six (36) months later. The actual time to effect the construction on and use of the real property during this indeterminate period shall not exceed thirty (30) days. Use of the Temporary Construction Easement shall not start until construction begins on or at the real property. 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 st ructures, utilities, retaining walls, slopes, landscaping, restoring and replacing private improvements located in and on said easement area described in Exhibit "C" and Exhibit "D". Page 1 of 2 ATTACHMENT 3 to Agenda Statement (Nagraj) Page 5 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 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) Page 2 of 2 ATTACHMENT 3 to Agenda Statement Page 6 (Nagraj) Exhibit "C" TEMPORARY CONS'fRUETION EASEMENT APN 557-41.0-19 THAT PORTION'OF THE NORTHWESTERLY QUARTER OF THE V4IESTERLI' HALF OF 86.00 ACRE LOT 2 IN QUARTER SECTION .129.OF RANCHO DEIA NAC1ON, IN THE CITY OF NATIONAL CITY, COUt(TY OF•SAN. DIEGO.' STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE'FFlCE-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 N0: 17515 FILED IN THE OFFICE OF.T ECOUNTY-RECORDER.ON AUGUST 30, 2002 MICR' BEARS SO&J fH 11'35'37' -EAST 285J4 .FEET FROM. A ' BRASS: DISK STAMPED)` CP6..A000RDING 1D; SAID.NECORD QF SURVEY MAP: TRIENQE NORTH B9°04'36' EAST 383.63 FEET TO A:POINT- IN-iHE.WESTERLY LINE AF LAND PER DEED RECORDS) MARCH 13,1998 AS COMMENT NO. 1998-. .01341Bb -OF OFFICIAL RECORDS AND THE BEGINNING OF A NON-TANGMT 61220-FOOT RADIUS -CURVE CONCAVE NORTHERLY, A RADIAL UNE 10 SAID POINT BEAR .SOUTH 919'30''WEST. SAID POINT BBNG THE TRUE. POINT OF BEGINNING; 1. THENCE-LEAVING,SAID WESTERLY UNE E AS1'ERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE QF 13°59'51' A DISTANCE OF 149.56 FEET 'ID A -POINT ON THE pis -nifty UNE OF LAND PER SAID DEED:- 2 THENCE ALONG SAIDlA3763LY UNE SOUTH 174414T EAST (SOUTH 18°13'32' EAST PER SAID DEEM)) 10:26 FEET TO THE BEGINNING 'OF A NON -TANGENT 622 20-V00T RADIUS CURVE QONCAVE NORTHERLY:A •A .._.-RADIAL tto i .E AST; ' 3. THENCE LEAVING MD EASTERLY UN4EWESTE(2LY?L•ONGTHE ARC OF • SAID CURVE THROUGH A IfEIO'RAL ANGLE OF 310'2" A"DISTANCE OF - 38:09 FEET ; . • • TH 4.• THENCE SOU0°40'4:Y WEST44.QO FEET TO THE BEGINNING OFA NON- TANG NT CURVE C©NCAVE•NO J` 626211�POC7T RADIUS . Rl'1.1ERLY, A IiADIA1. tJNE TO SAID POINT HEARS 1°N'00"EOISt . : . ti.- :'MEt.IGE WE4TERI,9( NANO- ME: AK. OF ;AID :CURVE 111ROUGH A. GEN'TRALA14U,E ©F-4!20'0' A DI TM L.O'E 4k FE r:. . 8: THENCE NOr14•9'4039`-EAST 4:03 FEET TO 1UE BEGINNING•OFA NOW •TANGENT.622.R0-FOOT RADJUS'CURVECONOAVE.NORTHERLY, MIAC)IAL LINE TO SAIQ POINT BEAR SOUTH 3°00'44': WEsl.T; • ' • Z. THENCE. WESTERLY ALONG' THE ARC' OF• SAID CURVE TIfOUGH w GENT . AP GI.E OF S°50'39' A'UI�'ik cE pF 63;40. FIEF TO kFowt -oN THE WESTERLY LINE QFIIANb PER SAID DE4; ' . 8. THF_NCE AI.OIVG SAIb WESTERLY LINE NORTH 1i°41'47'•WEST 1120 FEET TO.T'HE TRUE POIUT 0FIE61NNINQ. • . • • ' • • • Rap¢1bF2 ATTACHMENT 3 to Agenda Statement Page 7 (Nagraj) Exhibit "C" (Page 2) AREA = O.a39 ACRES, MORE OR LESS. T .Pioi4.2 ATTACHMENT 3 to Agenda Statement Page 8 (Nagraj) •t . +-iuvU.t L APN•557-414=19•.. (Rs z k 1? i3 13 m • IUy ut r P l o, 1pC';! • CP5 --383.637-:," N 891N-'3§' •TP.Q.B. DEEM. Acg. y y AMU .tcE a ' TAWI,A1TIP,C1,91 tE.DATA. WINE DELTA. RAOr S ,1-06111 .C1 16'O3'55 549.00' _• 151i41'' C2. . 13'59'51' . 9110 14$.56' C '.390'27'• 622 2ii" . MOT - -..Bh.__ 445'd8 T 48.31fa c5 5'50'39' . - 622Z0 . 63;46' Wit kEvisfu er:. 01,14iN 6Y KA C? CI® 8Y. N!C ..•APE'ROyED.B`5 . PERIONENT MEA = ob14 ACRES laribRIIRY aiNs1RUOTION tJt5E9ER!' TC0. . ARO - 0.039.ACRES TRUE POINT OF BE6INNWC POINT OF'BEGINNIN6 CON1ROL POW PER ROS 17515. PLAZA BLVD. 557-410-19 POR. NW 1/4 OF * 1/2 OF 80 ACRE LOT 2 IN @VARIER SEC.. 129.OF R}lo. DE LA NACION MAP NO. 166 sAiioNAL CITY • -PEJOAINIENT i gm AND 1E'11PORARY �Ot1s Mic IKiN •EASE til V-00r19. • NAGRA.1 Nc.•,, .. . • .. . • 00� Nf� DNG 1KL• ' ATTACHMENT 3 to Agenda Statement Page 9 (Nagraj) DATE: TO: PROJECT: LOCATION: APN: VESTING: SUBJECT: NAT___torzt? NOTICE OF INTENT TO AMEND PREVIOUSLY — ADOPTED RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) November 5, 2012 Todd AI-Bayati Samiya Abdul Sattar Kaddory 11917 Corona Vis El Cajon, CA 92019-4262 Antony Nash, Esq. McKenna, Long & Aldridge, LLP 600 W. Broadway, Suite 2600 San Diego, CA 92101 Plaza Boulevard Street Widening Project 1736-1740 East Plaza Boulevard, National City, CA 91950 557-420-30 Todd AI-Bayati and Samiya Abdul Sattar Kaddory, Husband and Wife as Joint Tenants 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: 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov ATTACHMENT 3 to Agenda Statement (Al-Bayati) Page 10 The public interest and necessary require the project. The project is planned or located in the manner that will be most compatible with the greatest public good and lease private injury. The property sought to be acquired is necessary for the project. The offer required by Government Code Section 7267.2 has been made to the owner of record. You are hereby notified that on November 20, 2012, 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 a Second 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. The proposed resolution, if adopted, will approve a second amendment of a previously approved Resolutions of Necessity and an Amended Resolution of Necessity to authorize the City of National City to acquire the property by eminent domain. Descriptions of the required property interests 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 Amended Notice, you will be entitled to appear and object to the adoption of the proposed second amended 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 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 designation 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. ATTACHMENT 3 to Agenda Statement (Al-Bayati) Page 11 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 By: Page 3 of 3 Stephen Manganiell City Engineer ATTACHMENT 3 to Agenda Statement (Al-Bayati) Page 12 EXHIBIT "B" TEMPORARY CONSTRUCITON 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 thirty six (36) months commencing on November 16, 2011 and terminating thirty six (36) months later. The actual time to effect the construction on and use of the real property during this indeterminate period shall not exceed thirty (30) days. Use of the Temporary Construction Easement shall not start until construction begins on or at the real property. 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". Page 1 of 2 ATTACHMENT 3 to Agenda Statement (Al-Bayati) Page 13 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 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) Page 2 of 2 ATTACHMENT 3 to Agenda Statement (AI-Bayati) Page 14 4 , • . • TEMPORARY C004TRUCTION EASEMENT • •••• 7 • AP-N 557420-30 - • THAT. PORTION OP PAItEL No. 1 OF PARCEL MAP. NO. 5478, IN THE crTY oF NATIONAL. CITY, 'COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, flEgOIN THE • OFFICE OF THE OOLINTYRECOODER OP SAN DIEGO COUNTY ON 'JANUARY 13, 1977 NO. 77-D14262 OF• oFPraN, REOO.ROS, MORE PARTICULARLY DESCRIBED AS FOLLOWS; ; . . . • • . . • - . • • BEGINNING AT. A BRASS DISK STAMPED CP4 ACCORDIPIG TO RECORD -OF. SURVEY. MAP NO. 17515 FILED IN THE OFFICE OF 1HE COUNTY RECORDEROI•1 AUGUST 30,-2002 WHICH BARS soli* 80•42!41' WEST inkhog.FEEr FROM A . BRASS DISK STAMPED CP3. ACCORDING TO SAID. r(EtoFtp.OF SURVEY TfENDE.. 44ORT1'48°29.07 WEST 39:1/•FEET TO 'A POINT ON THE NORTHERLY • • UNE oF.pAiD PARCEL 2; SAID UNE. ALSO BEING THE SOUTHERLY UNE:OF RNA BOULEVARD, SAII) POINT BEING:THE triu4 POINT qF DEMNNING; • • • . . , . . . • 1. THENCE ALONG- SAID NORTHERLY UNE NORM 74°40).6' EAST 18.99 • FEET.TOTHE NORTHEAST CORNER.Or SAID PARCEL 2: THENCE ALONG THE EASTERLY UNEOF SAID PARCEL 2 WM1174513' EAST 13.1i. FEET;. • 3. THENCE LEAVING SAID- EASTERLY 'um swill 1673o* WEST 37.31 • - • -4- •-Trigfict*NORTH,18°27'25' WEST 5:01 FEET; • • 5: THENCE SOUTH 76°3028' WEST 90.18 FEEF TO THENYESTERLY LINE OF SAID PARta.2;. • 66-M414c4:0LOG4A0-141F.StaatY4)- Jj:47FEET - TO THE NORT11WEST CORNER:THEREOF:. - . • • T. THENCE ALONG. THE NORTHERLY likt or-sAio PAikEi.. 2 NORTH • 74°41'06'EABT 95,14•FEET; . 8. THENCE. LOVING SAID.NORTHERLYLINE -SOUTH 16":27.251 EAST 2.6• . , • . • • • *, [04040qpiiitrtimtaisteAsTio*Fi.Er; • 1. • .1'.• • " • • Per,tigr 1alr.257 -WEST 2-54':FM TV THE 4114. POINT . • NING; • • , ARFA.7 42/04•01,.. MORE Olgi.ESS.• . . . : . . • ' ATTACHMENT 3 to Agenda Statement (AI-Bayati) Page 15 APN 5s7-4zo-3b.., w to 0 tt `4 za TP:O.@,• PERK. -g q• uro ICE 4 DETAJL: . ..NOT TO -W a-. 7 49: qr TP:o�B. o,}ricE• SEE QED MIS POR. NW 1/4 ()V- W :1/2 OF 80 ACM LOT 2IN: QUARTER Ka. :29 O1± Ho, Og NACIDN MAP NO, 1.66 LEWD . A1t.. 76N R#R OORIRucn®N AREA =. 9233�5.73 ARE FEET TP.O.B: IRUE POINT dF'BE6INRNG. PONt OF.t1€G ON4 ' • • • QA RDS:17gli• PACE •BY: .' ,%U • 5 G 1�g3��y P.O.B: GP4 6478. WOO; t* tulA .. -uNE. BEANO'." ONG1FP' t1 . s • 16/T 5 . E• '254'.. t2 & 7610" gr. 11 15.b0' .0.: ;• N:1627'25',JY.,,.•2.06'.. '.M.T4.41 ` C.. 7R96'• , t4• : • l5• A''14M411¢::E. .`,16:99' NI11L CTy tr6+Z341 1 .. may♦ ��/y� 'Rip �ItAWENt�1�.� �', 1G 4413. 69 m it!IPORigi • ► .•• I. • , EA E .. 6ry- i 30 RWG: N0. Jaw 14. B/4_,ya ANB sidaY`A Moot sppi, ob00RY . PAR. 1 1T=. - HO. • ATTACHMENT 3 to Agenda Statement (AI-Bayati) Page 16 DATE: TO: PROJECT: LOCATION: APN: VESTING: NOTICE OF INTENT TO AMEND PREVIOUSLY — ADOPTED RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) November 5, 2012 Artemio and Flora O. Puedan 2124 Alexander Drive Escondido, CA 92025-6408 Antony Nash, Esq. McKenna, Long & Aldridge, LLP 600 W. 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 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: 1234 National City Boulevard, National City, CA 91950-6530 (819) 336-4380 Fax (619) 336-4397 engineering©nationalcityca.gov ATTACHMENT 3 to Agenda Statement (Puedan) Page 17 (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 lease 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 20, 2012, 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 a Second 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. The proposed resolution, if adopted, will approve a second amendment of a previously approved Resolutions of Necessity and an Amended Resolution of Necessity to authorize the City of National City to acquire the property by eminent domain. Descriptions of the required property interests 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 Amended Notice, you will be entitled to appear and object to the adoption of the proposed second amended 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 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 designation 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. ATTACHMENT 3 to Agenda Statement (Puedan) Page 18 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 By: Page 3 of 4 St • en Manganiell City Engineer ATTACHMENT 3 to Agenda Statement (Puedan) Page 19 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 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°49'35" 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 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 ATTACHMENT 3 to Agenda Statement (Puedan) Page 20 EXHIBIT "B" TEMPORARY CONSTRUCITON 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 thirty six (36) months commencing on November 16, 2011 and terminating thirty six (36) months later. The actual time to effect the construction on and use of the real property during this indeterminate period shall not exceed thirty (30) days. Use of the Temporary Construction Easement shall not start until construction begins on or at the real property. 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 FsiqPment 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, restrping 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". Page 1 of 2 ATTACHMENT 3 to Agenda Statement (Puedan) Page 21 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 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) Page 2 of 2 ATTACHMENT 3 to Agenda Statement (Puedan) Page 22 EXHIBIT "C" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-05 THAT PORTION OF THE NORTHWEST QUARTER OF THE WEST HALF OF LOT 2 IN QUARTER SECTION 129 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 87°46'13" EAST 805.90 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 86°54'27" WEST 144.07 FEET TO A POINT IN THE EASTERLY LINE OF LAND PER DEED RECORDED SEPTEMBER 25, 2003 AS DOCUMENT NO. 2003-1182085 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID EASTERLY LINE SOUTH 17°21'57" EAST 16.82 FEET TO THE BEGINNING OF A NON -TANGENT 622.20-FOOT RADIUS CURVE CONCAVE 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°13'3T' 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 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 Page I of 1 ATTACHMENT 3 to Agenda Statement (Puedan) Page 23 Exhibit "D" • AlN 657410-05% •14 8T4e1r E tio5:9c1 CPS S 035114VE .(R) LEGEND A 81--vp •401-.(1 • .• • irt:..CA. ..\ • ptoir E ' " .• c5 • fs..1 • t-wytt • A.N ttt ?3- • IA S 1T2r5T E • Or • , ut r rat ts •• • •0•A mayor NO REC. SW03 AS opc, Na '2003-418298§ • NW 1/4 OF W 1/2 LOT 2 IN QUARTER SEC. 129 DP RHO. DE LA NADION MAP. NO. 186 557.-41.0-05 PEINATIPIT • ACCUS(DOR • • . • IMIEA 0:4305 CitiSIRMtita Want • IRE'. 0.045 ACRES • ittue pato. OF -RESIMMNd kW OF tiEGMNING CCIVIRCL.Patli PER. ROS OM- RA tam SY: KA 11A,1.174-P0 • ciao s w • unary AND kCESS CP4 EASEMENT REC. 7/23/6R AS. TICE 141). 124201 OR P- • EMT. ACO. -I. AND TCE ..' ; ',TA$T5WttINNEJAT.A..' .: :CURV 'iV ' vi :cl14 61 •., -•7,,,,... 5 ., n24. • . 13)..0r .- . 01 : at , 1,1SrE5' • . tl• • 42' 60.2.Ct ' 4.50r . t4 _ • 1331$!. 62221/ :: C5 • ' :414139* :E420' , 52.4r 5.1= - : iv* Warr 11 41..6 iliE PNEI:NikrA141451;114STIptAIE0/05/03, OCC.• 14; bv it9.: ATTACHMENT 3 to Agenda Statement (Puedan) Page 24 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NOS. 2010-59 ADOPTED ON APRIL 6, 2010, AND RESOLUTION NO. 2011-248 ADOPTED ON NOVEMBER 15, 2011, 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 Council of the City of National City on November 15, 2011 adopted Resolution No. 2011-248 which amended Resolution No. 2010-59; and WHEREAS, the City now desires to effect an amendment to Resolution Nos. 2010-59 and No. 2011-248 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 ATTACHMENT 4 to Agenda Statement (Nagraj) Page 1 Resolution No. 2012 — November 20, 2012 Page Two 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; 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 Second 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 Second Amended resolution, this City Council did hear and consider all the evidence presented. WHEREAS, copies of Resolution Nos. 2011-248 and 2010-59 are on file with the City Clerk and are available for review. By this reference these Resolutions are hereby incorporated by reference and are hereby made a part of the administrative record. 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 now amended of this date 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 ATTACHMENT 4 to Agenda Statement (Nagraj) Page 2 Resolution No. 2012 — November 20, 2012 Page Three 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 Resolution No. 2011-248, 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, BE IT FURTHER RESOLVED that the Amended legal description (Temporary Construction Easement) now set forth in this Second Amended Resolution of Necessity 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 and Resolution No. 2011-248. In all other respects Resolution 2010-59 and Resolution No. 2011-248, 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 20th day of November, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor ATTACHMENT 4 to Agenda Statement (Nagraj) Page 3 EXHIBIT "A' PERMANENT ACQUISITION ARN 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 OFCALIFORNIA, 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 CPS ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED 1N THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS SOUTH 17•3527' EAST 285.74 FEET FROM A BRASS'DISK STAMPED CPS ACCORDING TQ SAID RECORD OF SURVEY MAP; • THENCE NORTH 89'O4'36' EAST 383.63 FEET TO A POINT IN THE WESTERLY LINE OF LAND FOR DEED RECORDED.MARCH .13,_.1998 AS, DOCUMENT NO. 1998- b138180 OF OFTTC1711' RECORDS, SAID 'POINT BEING THE. TRUE' POINT OF • BEGINNING; 1, THENCE ALONG SAID WESTERLY LINE NORTH 1 7•41'4r WEST 7A5 FEET TO THE NORTHWEST CORNER OF SAID LAND AND THE BEGINNING OF A NON•TANGENTT .540.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A' RADIAL LINE TQ SAID POINT BEARS SOUTH 12'051r WEST SAID POINT ' BEING.ON THE 'SOUTHERLY LINE OF PLAZABOU.LEVARD; 2. THENCE ALONG THE NORTHERLY UNE AF SAID- PARCEL. EASTERLY . ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°09'56' A- DISTANCE OF 151.41 FEET TO THE NORTHEAST CORNER OF SAID LAND, A RADIAL LINE TO. SAID POINT BEARS SOUTH 3°5845 '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 1774:1'47' EAST 281 FEET TO THE IIECTNIONT F FICIR'fMGENT S IZOOtrR ,DIUSCURGE'OONiIcSGE ,' NORTHERLY; A RADIAL LINE TO SAID POINT SEARS SOUTH 4M921' ' EAST: - • • ' 4. 'THENCE LEAVING WO•EASTERLY UNE WESTERLY ALONG THE ARC OF SAID; CURVE THROUGH.A CENTRALANGLE OF 13'6931' A d1STA► CE OF .149.56 FEET TOTHE TRUE POINTOF.$EGINNING. • • _ )AREA-.- 0.014 ACRES,. Mf.1RE OR" LESS: . ATTACHMENT 4 to Agenda Statement (Nagraj) Page 4 EXHIBIT "B" TEMPORARY CONSTRUCITON 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 thirty six (36) months commencing on November 16, 2011 and terminating thirty six (36) months later. The actual time to effect the construction on and use of the real property during this indeterminate period shall not exceed thirty (30) days. Use of the Temporary Construction Easement shall not start until construction begins on or at the real property. 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 panting 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". Page 1 of 2 ATTACHMENT 4 to Agenda Statement Page 5 (Nagraj) 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 tirne of the commencement of the term of 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, �P g, 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) Page 2 of 2 ATTACHMENT 4 to Agenda Statement Page 6 (Nagraj) Exhibit "C" ' TEMPORARY CONSTRUCTION EASEMENT APN57-41.0-19 THAT PORTION.Or THE NORTHWESI.ERLY QUARTER OF THE WESTERLY:HALF OF 80.00 ACRE LOT 2 IN otriveti SECTION 128,0F. RANCHO DE.LANACION, IN THE CITY OF NATIONAL CIW, COUNTY OFSAN DIEGO:STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE THE COONEY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: • • . • BEGINNING AT A BRASS ,DISK;STAMPED CP5 AGORDING. TO RECORD OF. SURVEY MAP NO: 17515 FILED IN THE OFFk OF :THECOUNTYREDORDERON AUGUST 30. 2002' mai: ilt,ki;to SOUT14 Ir25774 -FAST 28534 FEET FROM. A • BRASS -DISK grAmpabccP‘acccimuto TO,SAIDNECORD OF St5tVEY ktAk THEME NORTH 89e0536' EAST 383.6a FEET TO A:POINT. INJIIEWESTERLY • PUEDE LAND PER DEED WORDED. MARCH 13, 1998 AS DOCUMENT NO. 19418, 01410 OF OFFICIAL RECORDS AND THE BEGINNING OF A NON -TANGENT 612,20-FOOT RADIUS -CURVE CONCAVE NORTHERLY. A RADIAL UNE TO SAID POINT. BEARS BOUM 999.30WEST. SAID POINT BEING THE TRUE POINT .OF BEGINNING; 1. THENCEtIDIVINGSitID INEFIEIEY UNE EASTERLY ALONG THE ARC OF pmp CURVE -THROUGH A CENTRAL ANGLE OF 13°5051'.A. DISTANCE OF 149.60 FEET TO A • POINT ON THE ISASTERLY. U.NE OF LAND PER SAID 2. THENCE ALONG SALD.EASTERLY UNE scum 1Z441.4T EAST (SOUTH • • 1913r3r OM PER SAID DEE% 10:26 FEET TO THE BEG1NoiNG OF A NON -TANGENT 622.20:000T RADIUS CURVECOMAVE NORTHERLY, A ----RADIALIVII0O(NtGENts..sptini45532/1tEAST;_. • .. 3. THENGE LEAVING SJD EASTEItY UNE.WESTEALY1LONG-Tti- E ARC. OF SAID.CURVE THROUGH A CENTRAL -ANGLE OF 310.27' A'OLSTANCE OF NLOB EEO"; • • • • • 4.. THEW% Awry ow4i. WEST 4.ao imr.-To THE BriGiktain 0E-A NON- . tmG.edr.112#320-roOr RAptis CtfltvE oPmcj.kw:NORTHERLY. A PADIAL- . LINE TO SAID:PQINr BEARS SOUTH 1121'5(rEAST;• . • • • " ' . • C1/4" *WM WE MF-10 AiONt.a,,.• THE; AFte...OF .O.UOVA 11:53OUGH A criNTRAL Altatt im4y26'or A DiVrAtiCk:OS 40.4.01ft• . • 6.' THENCE NOrtriliiP40191-EitSfili05 FEET TO TIE BEGINNINGOFA NON: TANGENT6,20-FOCIT FLADJUStURVE-CONOAVE-.NORTHERI;Y A NADIA.L UNE TO saw Pour BEARS bournitvouto VuEs4R. • • • • •1. THENcE WESTERLY ALONG !TIE ARO Of- SAKI CONE THROUGH .• &Wilk ANGLE oF *sOtatr A titsTARPE OE e3.40. FEET TOKPOINT-ON • THEVI/ESTEFOUNE OFLANb PEASAID mak' - •. ••. • THENCE AiONGSAIO WESTEFICY UNE NORTH 0-Eei- ti):71•teTRIugmlItroft-13011010. • • • • ••• • . • • .. ragrAlof . . •• • ATTACHMENT 4 to Agenda Statement Page 7 (Nagraj) Exhibit "C. (Page 2) AREA = 0.039 ACRES, MORE OR LESS. Piggy2 2 ATTACHMENT 4 to Agenda Statement (Nagraj) Page 8 utsOir" A APN, 557-410.19 CPs % 4• 13 1� !1-`•(o t3 } 1 ,7 1QI CP5-363.63 H 69104'34• Cj �T.P.Q.B. PERIL ACQ. y AND SEE TADIM1I1:a DATA. . CURVE DELTA MIS ,LEN61H C1 • 19•03°58' 54d.00' _ 15k41' 022. - t3'S9'51' - 611,4 149.56". H2O' 3 h G5 $'50'39. , 6 3,45, MAW A O.b14 ACRES TE0POR CECONSIRBe110tt ARO O.WQ :ACRES ME POINT OF BEGINH 0 oak OrDE4iINNING 4 eatilta pow OM pot 175t. • *Ai it.. KA 'a fCiE a F RUC DA1G 5-?2*-0Q •OATEz K le: PLAZA atw. It' 557-410-19 POR. NW 1/4 OF W 1/2 OF 80 ACRE LOT 2 1N QUARTER SEC. 120 OF RHO.. DE LA NAC1ON MAP NO. 186 "NA11ONAL cli ..0MM NT jIO0Ul511JOf(. '.• AND TF]1POIWly ,Od 11 ON •EA5EIlE111 APN. 50-410;•19- 49C. H0.• , TA ATTACHMENT 4 to Agenda Statement (Nagraj) Page 9 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NOS. 2010-70 ADOPTED ON APRIL 6, 2010 AND RESOLUTION NO. 2011-249 ADOPTED ON NOVEMBER 15, 2011, 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 Council of the City of National City on November 15, 2011 adopted Resolution No. 2011-249 which amended Resolution No. 2010-70; and WHEREAS, the City now desires to effect an amendment to Resolution Nos. 2010-70 and Resolution No. 2011-249 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 ATTACHMENT 4 to Agenda Statement (Al-Bayati) Page 10 Resolution No. 2012 — November 20, 2012 Page Two 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 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 tentatively been accepted but not finalized; and WHEREAS, the City of National City finds and determines that its Notice of Intention to Adopt this Second 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 Second Amended resolution, this City Council did hear and consider all the evidence presented. WHEREAS, copies of Resolution Nos. 2011-249 and 2010-70 are on file with the City Clerk and are available for review. By this reference these Resolutions are hereby incorporated by reference and. are hereby made a part of the administrative record. 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 now amended of this date 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 ATTACHMENT 4 to Agenda Statement (AI-Bayati) Page 11 Resolution No. 2012 — November 20, 2012 Page Three 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. S. 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. 2010-70 and Resolution No. 2011-249, 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. BE IT FURTHER RESOLVED that the Amended legal description (Temporary Construction Easement) now set forth in this Second Amended Resolution of Necessity 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 and Resolution No. 2011-249. In all other respects Resolution 2010-70 and Resolution No. 2011-249, 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 20th day of November, 2012. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor ATTACHMENT 4 to Agenda Statement (Al-Bayati) Page 12 EXHIBIL "A" PERMANENT ACQUISITION APN 557-420-30 THl4T PORTION OF PARCEL NO. -2 OF.PARCEL"MAP NO.5478, IN THE CITY OF NATIONAL CITY. COUNTY OF $AN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF .THE COUNTY RECORDER OF SAN DIEGO COUNTY ON :JANUARY 13. 1977 AS FILE NO. 174)14262 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: • .BEGINNING AT A BRASS DISK .STAMPED- CP4 ACCORDING TO . R�RD .OF SURVEY'MAP NG. 11515 FILED IN ]'HE OFFICE OP hE"CO!UNTY RECORDER -ON r:• • AUGUST 30; 2002 WHICIt BEARS SOU7i.1,651"42141' WEST 1089.05 FEET FROM A • BRASS. DISK- STAMPED CP3 ACCORDING TO SAID RECORD OF SURVEY MAp; THENCE NORTH 66°29'D3' WEST 39.12 FEET TO A POINT ON THE NORTHERLY LINE OF SAID. PARCEL. SAID•UNEALSO BEING miE SOUTHERLY UNE OF, PLAZA BOULEVARD, SAID -POINT BEING THE TRUE POINT OF'BEGINNING; - • - 1. THENCE LEAVING SAID NORTHERLY UNE SOUTH 16°27 25'- EAST 2.54 FEET; 2. THENCE S_ OUIM 76°30"26' WEST 15.00 FEET; 3. THENCE. NORTH 16°2725' WSST 2:06 FEET: TO A POINT IN SAID. • NORT HER) Y-UNt -: . - 4. THENCE ALONG .SAID NORTHERLY UNENORTH 74°41'06' EAST (NORTH 7 D N�PER SAID PARCEL MAP).14.96. FEET TO THE -TRUE. POINT O • ATTACHMENT4-toAgenda Statement - • ' (At-Bayati) .. Page 13 - EXHIBIT "B" TEMPORARY CONSTRUCITON 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 thirty six (36) months commencing on November 16, 2011 and terminating thirty six (36) months later. The actual time to effect the construction on and use of the real property during this indeterminate period shall not exceed thirty (30) days. Use of the Temporary Construction Easement shall not start until construction begins on or at the real property. 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 Constriction 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, resiriping 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". Page 1 of 2 ATTACHMENT 4 to Agenda Statement (AI-Bayati) Page 14 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 teen of 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) Page 2 of 2 ATTACHMENT 4 to Agenda Statement (Al-Bayati) Page 15 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, EIWD IN THE' OFFICE OF THE CbUWYRECORDER OF SAN DIEGO COUNTY ON JANUARY 13, • 1977 AS" -FILE .NO. 77-014262.OF-OFFICIAL RECORDS, MORE PAR-TICUTARLY 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 RE(:QRDER ON AUGUST 30,.2002:WHICH GEARS SOUTH 85"12'41' WEST 1D 9A0.FEET FROM A BRASS DISK STAMPED- CP3. ACCORDING TO SAID _ (2ECORp.)F SURVEY MAP; THENCE NORT}1 0G°29'0 ' WEST 39:17•FEET TD•A PONTION THE NORTHERLY UNE OF, SAID PARCEL 2; SAID LINE- ALSO BEING -THE MUMMY UNE OF -' PLAZA BOULEVARD, SAIL POINT BEING'THE TRUE POINT OF BEGINNING; 1. THENCE ALONG: SAID NORTHERLY UNE NORTH 74°41.86' EAST 16.99 FEE VINE NORTHEAST CORNER.OI: SAID PARCEL2; 2: T ENCEALONG THE EASTERLY IJNEDF SPJD PARCEL 2 SOUTH-17'4513' .EAST 19.1$ FEET: 3. THENCE LEAVING SAID- EASTERLY UNE BOUM 76°30'25 WEST 37.31 -4. THEJ+ICE NORTH,16°27'25" WFST5.01 FEET; 5: THENCE SOUTH 76'3025 •WEST 90.18 -FEET TO THE. WESTERLY UNE OF SM PARCEL . 6 *-4 SAT^ viic eY-.1NE p " TO THE NORTHWEST CORNEZ T}IEREOF; - 7. THENCE ALOiJG. THE NORTHERLY 1.1f1 OF •SAID PARCEL 2 NORTH . 74411764•EAT OM -FEET; 8. TH*NCE.I,EAVING SAID.NORTHERLY LINE SOU* :Jew2 EAST .166 9:*MO N 78!3a26' Fi4S'f 15.00 FEET; ' 1D CE,NoRT H, 15.27'25 WEST 2.54''FEET TO' THE -11 UE -POINT . �IIVR4C3;. • : : .. ?11101‘.:7fr&W,:#t. MORE ORi ESS.. •'MIit EKP. 3 31=1f ATTACHMENT 4 to Agenda Statement (AI-Bayati) Page 16 APN 557-4gq.-56..1- . • P Mae. - PERIL AO; -• AND. TCE Zo /q/etif_t -- At:IDE • SEE DE • 'Rip . 411011'7%. . -•• •POA, NW 1/4 OJ W -1/2 0 80, AaFig LOT 2 IN: duArogs 0.g0. RHO. .0g.LA NA0I0N • MAP NO.. 166 tiag 34:42(mfe ITO witiomar cOffsmotoN u.sent. AREA = 923 6RE AT Paw NINt oF:firmitinio Miff: ETA ito.t..1.708- . . „,01 ,"a33.• 65‘.1-t$ )\r" 5 0.41:3, P.O.B: CP4 • TfattiAlED:* SY* . .inie. KARD40*. . tt , s IstrAT .E. ' r.2 s Merge vi JO: • :Ii:180Z5! Yi.).. 2.06!, , L4- — ,N:74,411!0` E.': 1/08' :1,5:— !1414.46p.'.:E. ..j0:9 103ftt* .1h• NinotiAL .• . . e16il12P 4s. r4F Topo AL -ago. AND .sgarrimmi sATOR KAtDY PA14.. 1 $10. ATTACHMENT 4 to Agenda Statement (A1-Bayati) Page 17 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NOS. 2010-71 ADOPTED ON APRIL 6, 2010 AND RESOLUTION NO. 2011-250 ADOPTED ON NOVEMBER 15, 2011, 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, adopted Resolutionthe City No. 2011-250 which amended Resolution No.2010-71; and November 15, 2011 WHEREAS, the City now desires to effect an amendment to Resolution Nos. 2010-71 and Resolution No. 2011-250 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 ATTACHMENT 4 to Agenda Statement (Puedan) Page 18 Resolution No. 2012 — November 20, 2012 Page Two 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; 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 Govemment Code, which offer has tentatively been accepted but not finalized; and WHEREAS, the City Council of the City of National City finds and determines that its Notice of Intention to Adopt this Second 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 Second Amended Resolution, this City Council did hear and consider all the evidence presented. WHEREAS, copies of Resolution Nos. 2011-250 and 2010-71 are on file with the City Clerk and are available for review. By this reference these Resolutions are hereby incorporated by reference and are hereby made a part of the administrative record. 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 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 now amended of this date 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 ATTACHMENT 4 to Agenda Statement (Puedan) Page 19 Resolution No. 2012 — November 20, 2012 Page Three 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 Resolution No. 2011-250, 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. BE IT FURTHER RESOLVED that the amended legal description (Temporary Construction Easement) now set forth in this Second Amended Resolution of Necessity 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 and Resolution No. 2011-250. In all other respects Resolution 2010-71 and Resolution No. 2011-250, 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 20th day of November, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor ATTACHMENT 4 to Agenda Statement (Puedan) Page 20 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 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 62220-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 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 ATTACHMENT 4 to Agenda Statement (Puedan) Page 21 EXHIBIT "B" TEMPORARY CONSTRUCITON 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 thirty six (36) months commencing on November 16, 2011 and terminating thirty six (36) months later. The actual time to effect the construction on and use of the real property during this indeterminate period shall not exceed thirty (30) days. Use of the Temporary Construction F.kcement shall not start until construction begins on or at the real property. 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, restoping 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". Page 1 of 2 ATTACHMENT 4 to Agenda Statement (Puedan) Page 22 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 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) Page 2 of 2 ATTACHMENT 4 to Agenda Statement (Puedan) Page 23 EXHIBIT "C" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-05 THAT PORTION OF THE NORTHWEST QUARTER OF THE WEST HALF OF LOT 2 IN QUARTER SECTION 129 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 87°46'13" EAST 805.90 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 86°54'27" WEST 144.07 FEET TO A POINT IN THE EASTERLY LINE OF LAND PER DEED RECORDED SEPTEMBER 25, 2003 AS DOCUMENT NO. 2003-1182085 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID EASTERLY LINE SOUTH 17°21'57" EAST 16.82 FEET TO THE BEGINNING OF A NON -TANGENT 622.20-FOOT RADIUS CURVE CONCAVE 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°49'35" 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 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 Page 1 of 1 ATTACHMENT 4 to Agenda Statement (Puedan) Page 24 Exhibit "D" AIN 557410-05.. N aneir E S 035e4g •E 2-011. It 0'01. wiema.1-PEND.. ;SOOCIISIW611 • • • AR% 61:4106 N6.031t S 171r57- E • YA'A'Al2,i„ of% lit -al_ • 144 -wis„. 01. lekl 6% r int * • •gi MD.'S titglil 912S/03 Ls Doe. 2033-4162085• . ilt011. NW I/4 OF W 1/2 LOT 2 IN QUAVER 'BEG. 129 OF RHO_ DE LA NACJON MAP. NO. 185 557—tio-os Yirt.04101 AREA0.447/dRES " ROINT OF- IEGINNRIO kin OF fiEquifec PEW. 164 0515. S661451 W '144,0r AND. iCCEsS Ce4 Wotan REC. 7/23/611 us... 44,s- FIE Kt 124701 ts)- rptelB- = `21. i",11D rcE e, • . StUr$,W0/466* . , -: - 1354125. • , , i , 13).or • . ea . ' 41$51" Witr ' Mr .. ' r4.114.4' 622.2y . 113.7t .. OS • • • 4-10.31e b7120' ' 524t REIRSER ;DRAM BY:KA . •chuicED IA 1400141: . VSBANT.. jijE; iVaiANV.F.11.71gbesisitii:105/03. VAL/ V1,1, 40,. • DO. ATTACHMENT 4 to Agenda Statement (Puedan) Page 25 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2012 AGENDA ITEM NO. 17 ITEM TITLE: An Ordinance of the City Council of the City of National City amending Title 11, Chapter 11.16, Section 11.16.010 — Speed Zones Designated, of the National City Municipal Code establishing speed limits on various streets based on certified Engineering and Traffic Surveys PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. NA ENVIRONMENTAL REVIEW: NA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce Ordinance for first reading BOARD ! COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Speed Survey Summary and Recommendations 3. Ordinance Explanation Section 40802(b) and 22357 of the State of California Vehicle Code permit local authorities to establish speed limits greater than the prima facie speed limit of 25 miles per hour (MPH) when, on the basis of an engineering and traffic survey, the local authority determines that a speed greater than 25 MPH would facilitate the orderly movement of vehicular traffic and would be reasonable and safe. In order for National City Police Department officers to conduct radar speed enforcement, engineering and traffic surveys must be performed every seven years in accordance with Section 627 of the State of California Vehicle Code and Chapter 2B of the California Department of Transportation Manual on Uniform Traffic Control Devices. In addition, officers must have successfully completed a radar operator course of not less than 24 hours, approved and certified by the Commission on Peace Officer Standards and Training, and the radar, laser or other electronic device used to measure vehicle speeds must be properly calibrated and meet or exceed the minimal operational standards of the National Traffic Highway Safety Administration. Through the City's "On -Call" Engineering contract, Kimley-Horn and Associates, Inc. completed engineering and traffic surveys for 140 individual roadway segments throughout National City. The roadway segments selected were confirmed with the National City Police Department prior to conducting the surveys and represent all of the Arterial and Collector roadways identified in the National City General Plan Circulation Element. The engineering and traffic surveys were conducted in accordance with Section 627 of the State of California Vehicle Code and Chapter 2B of the California Department of Transportation Manual on Uniform Traffic Control Devices. Attached is a summary of the speed survey results and recommendations. All of the engineering and traffic surveys with back-up data are on file in the Office of the City Engineer. Staff supports the findings and recommendations of the engineering and traffic surveys. The attached ordinance would amend Title 11, Chapter 11.16, Section 11.16.010 — Speed Zones Designated, of the National City Municipal Code, to establish speed limits and allow for the use of radar speed enforcement for 140 roadway segments throughout National City based on the findings and recommendations of the engineering and traffic surveys. Staff will return to City Council on December 4, 2012 for a final reading of the ordinance and a recommendation for adoption. ORDINANCE NO. 2012 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 11, SECTION 11.16.010 — SPEED ZONES DESIGNATED, OF THE NATIONAL CITY MUNICIPAL CODE ESTABLISHING SPEED LIMITS ON VARIOUS STREETS BASED ON CERTIFIED ENGINEERING AND TRAFFIC SURVEYS WHEREAS, Sections 40802(b) and 22357 of the California Vehicle Code permit local authorities to establish speed limits greater than the prima facie speed limit of 25 miles per hour (MPH) when, on the basis of an engineering and traffic survey, the local authority determines that a speed greater than 25 MPH would facilitate the orderly movement of vehicular traffic and would be reasonable and safe; and WHEREAS, recently, the City conducted engineering and traffic surveys in accordance with Section 627 of the California Vehicle Code and Chapter 2B of the California Department of Transportation Manual on Uniform Traffic Control Devices, and so desires to establish speed limits greater than 25 MPH. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City, California, that Section 11.16.010 (Speed Zones Designated) of the National City Municipal Code is hereby amended to read as follows: 11.16.010 Speed Zones Designated. A. Pursuant to Sections 40802(b) and 22357 of the State of California Vehicle Code, the City Council, on the basis of engineering and traffic surveys, does hereby find and determine that a speed greater than 25 MPH would facilitate the orderly movement of vehicular traffic, and would be reasonable and safe on the following portions of streets within the City. B. Twenty-five miles per hour is declared and established as the prima facie speed limit on the following streets: 1. Marina Way from Bay Marina Drive to 32nd Street 2. Wilson Avenue from 22"d Street to Mile of Cars Way 3. Roosevelt Avenue from 8th Street to Plaza Boulevard 4. Roosevelt Avenue from Plaza Boulevard to Civic Center Drive 5. D Avenue from Division Street to 4th Street 6. D Avenue from 4th Street to 8th Street 7. D Avenue from 8th Street to Plaza Boulevard 8. L Avenue from 16th Street to 18th Street 9. L Avenue from 18th Street to 24th Street 10. L Avenue from 24th Street to 30th Street 11. 16th Street from Wilson Avenue to National City Boulevard 12. 32"d Street from Tidelands Avenue to Marina Way C. Thirty miles per hour is declared and established as the prima facie speed limit on the following streets: 1. Wilson Avenue from Civic Center Drive to 18th Street 2. Wilson Avenue from 18th Street to 22"d Street 3. Hoover Avenue from 8th Street to Plaza Boulevard 4. Hoover Avenue from 22"d Street to Mile of Cars Way 5. Roosevelt Avenue from Civic Center Drive to 16th Street 6. West Avenue from 16t" Street to 18th Street 7. National City Boulevard from Division Street to 4th Street 8. National City Boulevard from 4th Street to 8t" Street 9. National City Boulevard from 8t" Street to Plaza Boulevard 10. National City Boulevard from Plaza Boulevard to Civic Center Drive 11. National City Boulevard from Civic Center Drive to 16t" Street 12. National City Boulevard from 16th Street to 18th Street 13. D Avenue from Plaza Boulevard to 16t" Street 14. D Avenue from 16th Street to 18th Street 15. D Avenue from 18th Street to 24t" Street 16. D Avenue from 24th Street to 30th Street 17. L Avenue from 8th Street to Plaza Boulevard 18. Grove Street from Prospect Street to Sweetwater Road 19. Harbison Avenue from Division Street to 4t" Street 20. Harbison Avenue from 4t" Street to 8th Street 21. Division Street from National City Boulevard to D Avenue 22. Division Street from D Avenue to Highland Avenue 23. 8th Street from National City Boulevard to D Avenue 24. 8th Street from D Avenue to Highland Avenue 25. Plaza Boulevard from Coolidge Avenue to Hoover Avenue 26. Plaza Boulevard from Hoover Avenue to National City Boulevard 27. Plaza Boulevard from National City Boulevard to D Avenue 28. Plaza Boulevard from D Avenue to Highland Avenue 29. Plaza Boulevard from Euclid Avenue to School Xing 30. Plaza Boulevard from School Xing to Harbison Avenue 31. Civic Center Drive from Harbor Drive to Wilson Avenue 32. Civic Center Drive from Wilson Avenue to National City Boulevard 33. 18t" Street from Wilson Avenue to National City Boulevard 34. 19th Street from Tidelands Avenue to Cleveland Avenue 35. 22nd Street from Wilson Avenue to Hoover Avenue 36. 22"d Street from Hoover Avenue to National City Boulevard 37. Bay Marina Drive from Tidelands Avenue to Marina Way 38. Bay Marina Drive from Marina Way to 1-5 39. 30th Street from Hoover Avenue to National City Boulevard 40. 30th Street from National City Boulevard to D Avenue 41. 30th Street from D Avenue to Highland Avenue D. Thirty-five miles per hour is declared and established as the prima facie speed limit on the following streets: 1. Tidelands Avenue from Civic Center Drive to 19t" Street 2. Tidelands Avenue from 19t" Street to Bay Marina Drive 3. Tidelands Avenue from Bay Marina Drive to 32"d Street 4. Cleveland Avenue from Civic Center Drive to 19t" Street 5. Cleveland Avenue from 19t" Street to Bay Marina Drive 6. Hoover Avenue from Mile of Cars Way to 3Ot" Street 7. Hoover Avenue from 30t" Street to 33rd Street 8. Roosevelt Avenue from Division Street to 4t" Street 9. Roosevelt Avenue from 4t" Street to 8t" Street 10. National City Boulevard from 18t" Street to 24t" Street 11. National City Boulevard from 24t" Street to 3Ot" Street 2 Ordinance No. 2012 - Speed Zones 12. National City Boulevard from 30th Street to South City Limit 13. Highland Avenue from North City Limit to Division Street 14. Highland Avenue from Division Street to 4th Street 15. Highland Avenue from 4th Street to 8th Street 16. Highland Avenue from 8th Street to Plaza Boulevard 17. Highland Avenue from Plaza Boulevard to 16th Street 18. Highland Avenue from 16th Street to 18th Street 19. Highland Avenue from 18th Street to 24th Street 20. Highland Avenue from 24th Street to 3Oth Street 21. Highland Avenue from 3Oth Street to South City Limit 22. Palm Avenue from 1-805 to Division Street 23. Palm Avenue from Division Street to 4th Street 24. Palm Avenue from 4th Street to 8th Street 25. Palm Avenue from 8th Street to Plaza Boulevard 26. Palm Avenue from Plaza Boulevard to 16th Street 27. Palm Avenue from 16th Street to 18th Street 28. Newell Street from 18th Street to Prospect Street 29. Euclid Avenue from North City Limit to Division Street 30. Euclid Avenue from Division Street to 4th Street 31. Euclid Avenue from 4th Street to 8th Street 32. Euclid Avenue from 8th Street to Plaza Boulevard 33. Euclid Avenue from Plaza Boulevard to 16th Street 34. Euclid Avenue from 16th Street to 18th Street 35. Euclid Avenue from 18th Street to 24th Street 36. Euclid Avenue from 24th Street to Sweetwater Road 37. Harbison Avenue from 8th Street to Plaza Boulevard 38. Harbison Avenue from Plaza Boulevard to 16th Street 39. Plaza Bonita Center Way from SR-54 to Sweetwater Road 40. Division Street from Highland Avenue to Palm Avenue 41. Division Street from Palm Avenue to Euclid Avenue 42. Main Street from 1-5 to National City Boulevard 43. 4th Street from National City Boulevard to D Avenue 44. 4th Street from D Avenue to Highland Avenue 45. 4th Street from Highland Avenue to Palm Avenue 46. 4th Street from Palm Avenue to Euclid Avenue 47. 4th Street from Euclid Avenue to Harbison Avenue 48. 8th Street from Harbor Drive to 1-5 49. 8th Street from 1-5 to National City Boulevard 50. 8th Street from Highland Avenue to Palm Avenue 51. 8th Street from Palm Avenue to Euclid Avenue 52. 8th Street from Euclid Avenue to Harbison Avenue 53. 8th Street from Harbison Avenue to Plaza Boulevard 54. Plaza Boulevard from Highland Avenue to Palm Avenue 55. Plaza Boulevard from Palm Avenue to 1-805 56. Plaza Boulevard from 1-805 to Euclid Avenue 57. Plaza Boulevard from Harbison Avenue to 8th Street 58. 16th Street from National City Boulevard to D Avenue 59. 16th Street from D Avenue to Highland Avenue 60. 16th Street from Highland Avenue to Palm Avenue 61. 16th Street from Palm Avenue to Euclid Avenue 62. 16th Street from Euclid Avenue to Harbison Avenue 63. 18th Street from National City Boulevard to D Avenue 3 Ordinance No. 2012 - Speed Zones 64. 18th Street from D Avenue to Highland Avenue 65. 18th Street from Highland Avenue to Palm Avenue 66. 18th Street from Palm Avenue to Newell Street 67. 18th Street from Newell Street to Euclid Avenue 68. 18th Street from Euclid Avenue to Rachael Avenue 69. Mile of Cars Way from 1-5 to Hoover Avenue 70. Mile of Cars Way from Hoover Avenue to National City Boulevard 71. 24th Street from National City Boulevard to D Avenue 72. 24th Street from D Avenue to Highland Avenue 73. 24th Street from Highland Avenue to L Avenue 74. 30th Street from Highland Avenue to L Avenue 75. 30th Street from L Avenue to 2nd Avenue 76. Sweetwater Road from 2nd Avenue to I-805/Euclid Avenue 77. 33rd Street from Hoover Avenue to National City Boulevard E. Forty miles per hour is declared and established as the prima facie speed limit on the following streets: 1 Harbor Drive from 8th Street to Civic Center Drive 2. Plaza Bonita Road from Sweetwater Road to Bonita Mesa Road 3. Division Street'from Euclid Avenue to Harbison Avenue 4. Paradise Valley Road from 8th Street to Plaza Entrada 5. Sweetwater Road from I-805/Euclid Avenue to Valley Road 6. Valley Road from Sweetwater Road to Calle Abajo F. Forty-five miles per hour is declared and established as the prima facie speed limit on the following streets: 1. Harbor Drive from North City Limit to 8th Street 2. Sweetwater Road from Valley Road to Plaza Bonita Road 3. Sweetwater Road from Plaza Bonita Road to Calmoor Street 4. Sweetwater Road from Calmoor Street to Plaza Bonita Center Way BE IT FURTHER ORDAINED that this Ordinance shall have no effect on prosecutions for violations occurring prior to its effective date. BE IT FURTHER ORDAINED that this Ordinance is adopted to preserve the public health and safety, pursuant to Section 36937 of the California Government Code, since this Ordinance must be in effect to permit speed limit enforcement by the National City Police Department. PASSED and ADOPTED this day of , 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney 4 Ordinance No. 2012 - Speed Zones Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation 1 Harbor Drive North city limit to 8th Street 45 46 37-46 17,097 0.94 45 85th percentile speed 2 Harbor Drive 8th Street to Civic Center Drive 45 42 34-43 15,832 2.111 40 85th percentile speed 3 Tidelands Avenue Civic Center Drive to 19th Street 30N/40S 37 28-37 2,058 2.188 35 85th percentile speed 4 Tidelands Avenue 19th Street to Bay Marina Drive 35 36 26-35 1,998 4.255 35 85th percentile speed 5 Tidelands Avenue Bay Marina Drive to 32nd Street 35 38 25-34 2,147 2.681 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 6 Marina Way Bay Marina Drive to 32nd Street Not Posted (25)/15 Advisory 27 15-24 980 3.689 25 85th percentile speed and speed humps 7 Cleveland Avenue Civic Center Drive to 19th Street 35 33 24-33 3,999 3.044 35 85th percentile speed 8 Cleveland Avenue 19th Street to Bay Marina Drive 35 37 28-37 3,517 0.83 35 85th percentile speed 9 Wilson Avenue Civic Center Drive to 18th Street 35 34 24-33 2,909 5.043 30 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments b10 Wilson Avenue 18th Street to 22nd Street 35 32 22-31 2,367 4.593 30 85th percentile speed 11 Wilson Avenue 22nd Street to Mile of Cars Way Not Posted (25) 22 41264 3,410 10.07 25 85th percentile speed 12 Hoover Avenue 8th Street to Plaza Boulevard Not Posted (30) 29 18-27 2,130 24.056 30 85th percentile speed Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation 13 Hoover Avenue 22nd Street to Mile of Cars Way 30 32 23-32 2,730 12.112 30 85th percentile speed 14 Hoover Avenue Miles of Cars Way to 30th Street 35 38 29-38 4,359 4.07 35 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 15 Hoover Avenue 30th Street to 33rd Street 35 33 24-33 2,023 2.064 35 85th percentile speed 16 Roosevelt Avenue Division Street to 4th Street 35 37 28-37 4,917 2.443 35 85th percentile speed 17 Roosevelt Avenue 4th Street to 8th Street 35 34 26-35 6,023 6.663 35 85th percentile speed 18 Roosevelt Avenue 8th Street to Plaza Boulevard 30 25 17-26 4,800 9.125 25 85th percentile speed 19 Roosevelt Avenue Plaza Boulevard to Civic Center Drive 30 27 18-27 2,818 8.621 25 85th percentile speed b20 Roosevelt Avenue Civic Center Drive to 16th Street Not Posted (30) 31 22-31 2,513 3.88 30 85th percentile speed 21 West Avenue 16th Street to 18th Street 25 34 26-35 2,033 0 30 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 22 National City Boulevard Division Street to 4th Street 30/35 32 21-30 14,375 3.036 30 85th percentile speed 23 National City Boulevard 4th Street to 8th Street 35 32 21-30 11,971 5.798 30 85th percentile speed 24 National City Boulevard 8th Street to Plaza. Boulevard Not Posted (35) 29 20-29 13,803 4.247 30 85th percentile speed Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation 25 National City Boulevard Plaza Boulevard to Civic Center Drive 35 29 19-28 10,538 5.981 30 85th percentile speed 26 National City Boulevard Civic Center Drive to 16th Street 35 33 24-33 14,356 3.74 30 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 27 National City Boulevard 16th Street to 18th Street 35 30 20-29 12,720 6.321 30 85th percentile speed 28 National City Boulevard 18th Street to 24th Street 35 35 25-34 13,860 2.632 35 85th percentile speed b29 National City Boulevard 24th Street to 30th Street 35 35 25-34 16,187 2.354 35 85th percentile speed 30 National City Boulevard 30th Street to south city limit Not Posted (35) 38 25-34 18,462 1.315 35 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 31 D Avenue Division Street to 4th Street 30 27 18-27 3,942 5.567 25 85th percentile speed 32 D Avenue 4th Street to 8th Street 30 27 18-27 5,940 9.212 25 85th percentile speed 33 D Avenue 8th Street to Plaza Boulevard Not Posted (30) 24 15-24 7,501 12.625 25 85th percentile speed 34 D Avenue Plaza Boulevard to 16th Street 30/25 School 31 23-32 7,174 6.099 30 85th percentile speed 35 D Avenue 16th Street to 18th Street Not Posted (30) 28 22-31 8,116 5.417 30 85th percentile speed Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation 36 D Avenue 18th Street to 24th Street 35/25 School 33 25-34 5,292 10.106 30 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 37 D Avenue 24th Street to 30th Street 35/25 School 30 22-31 4,449 7.659 30 85th percentile speed b38 Highland Avenue North city limit to Division Street 30 37 28-37 15,489 2.105 35 85th percentile speed 39 Highland Avenue Division Street to 4th Street 30 38 30-39 12,990 8.485 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 40 Highland Avenue 4th Street to 8th Street 35 NB /30 SB 38 30-39 14,207 11.507 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 41 Highland Avenue 8th Street to Plaza Boulevard 35 38 29-38 19,141 14.546 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 42 Highland Avenue Plaza Boulevard to 16th Street 35 38 30-39 18,289 6.769 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 43 Highland Avenue 16th Street to 18th Street 35 37 29-38 19,601 6.706 35 85th percentile speed 44 Highland Avenue 18th Street to 24th Street 35 38 29-38 17,662 6.469 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 45 Highland Avenue 24th Street to 30th Street 35/25 School 38 29-38 20,119 6.526 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace and adjacent to school Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation b46 Highland Avenue 30th Street to south city limit 35 37 28-37 28,243 2.545 35 85th percentile speed 47 LAvenue 8th Street to Plaza Boulevard Not Posted (30) 29 21-30 3,195 19.476 30 85th percentile speed 48 LAvenue 16th Street to 18th Street 30 25 18-27 3,623 14,156 25 85th percentile speed 49 L Avenue 18th Street to 24th Street 35N/30S 28 20-29 4,870 1.998 25 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 50 L Avenue 24th Street to 30th Street Not Posted (25) 27 17-26 3,911 2.449 25 85th percentile speed 51 Palm Avenue 1-805 to Division Street 40 37 29-38 22,146 2.118 35 85th percentile speed 52 Palm Avenue Division Street to 4th Street 35/ 25 School 34 25-34 10,227 4.481 35 85th percentile speed 53 Palm Avenue 4th Street to 8th Street 35 37 28-37 8,302 5.274 35 85th percentile speed 54 Palm Avenue 8th Street to Plaza Boulevard 35 34 25-34 10,515 5.296 35 85th percentile speed b55 Palm Avenue Plaza Boulevard to 16th Street 35 33 24-33 8,187 6.533 35 85th percentile speed 56 Palm Avenue 16th Street to 18th Street 35 31 20-29 5,945 18.33 35 Speed limit upgraded from 85th percentile speed to be consistent with adjacent segments Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation 57 Newell Street 18th Street to Prospect Street 35/25 School 38 25-34 2,096 3.27 35 Speed limit downgraded from 85th percentile speed due to adjacent school and heavy pedestrian activity 58 Grove Street Prospect Street to Sweetwater Road 25 35 26-35 1,915 1.127 30 Speed limit downgraded from 85th percentile speed due to adjacent residential land uses 59 Euclid Avenue North city limit to Division Street 35 37 29-38 10,655 2.756 35 85th percentile speed 60 Euclid Avenue Division Street to 4th Street 35 38 30-39 10,825 5.785 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 61 Euclid Avenue 4th Street to 8th Street 35 38 31-40 12,421 5.894 35 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments b62 Euclid Avenue 8th Street to Plaza Boulevard 35 33 22-31 15,079 3.956 35 85th percentile speed 63 Euclid Avenue Plaza Boulevard to 16th Street 35 34 27-36 9,639 2.629 35 85th percentile speed 64 Euclid Avenue 16th Street to 18th Street 35 35 27-36 11,186 2.583 35 85th percentile speed 65 Euclid Avenue 18th Street to 24th Street 35/25 School 37 29-38 9,187 2.387 35 85th percentile speed 66 Euclid Avenue 24th Street to Sweetwater Road 45/25 School 37 29-38 9,705 1.596 35 85th percentile speed Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation 67 Harbison Avenue Division Street to 4th Street 30 37 28-37 3,766 1.966 30 Speed limit downgraded from 85th percentile speed due to adjacent residential land uses 68 Harbison Avenue 4th Street to 8th Street 30 36 26-35 7,426 0.496 30 Speed limit downgraded from 85th percentile speed due to adjacent residential land uses 69 Harbison Avenue 8th Street to Plaza Boulevard Not Posted (30) 38 29-38 7,803 7.398 35 Speed limit downgraded from 85th percentile speed due to adjacent segments b70 Harbison Avenue Plaza Boulevard to 16th Street 35 40 29-38 8,122 3.582 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 71 Plaza Bonita Road Sweetwater Road to Bonita Mesa Road 40 43 33-42 5,398 3.793 40 Speed limit downgraded from 85th percentile speed due to 10 mph pace 72 Plaza Bonita Center Way SR-54 to Sweetwater Road 45 35 26-35 17,274 1.581 35 85th percentile speed 73 Division Street National City Boulevard to D Avenue 30 36 29-38 11,850 3.339 30 Speed limit downgraded from 85th percentile speed due to adjacent residential land uses 74 Division Street D Avenue to Highland Avenue 30 29 20-29 11,647 3.928 30 85th percentile speed 75 Division Street Highland Avenue to Palm Avenue 35/25 School 40 32-41 10,466 3.86 35 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation 76 Division Street Palm Avenue to Euclid Avenue 35/25 School 38 29-38 17,370 1.631 35 Speed limit downgraded from 85th percentile speed due to adjacent school 77 Division Street Euclid Avenue to Harbison Avenue 35 42 31-40 12,780 2.561 40 85th percentile speed b78 Main Street 1-5 to National City Boulevard 35 33 25-34 24,561 2.101 35 85th percentile speed 79 4th Street National City Boulevard to D Avenue 35 33 24-33 3,924 7.373 35 85th percentile speed 80 4th Street D Avenue to Highland Avenue 35 37 27-36 6,237 11.104 35 85th percentile speed 81 4th Street Highland Avenue to Palm Avenue 35 33 25-34 7,371 5.679 35 85th percentile speed 82 4th Street Palm Avenue to Euclid Avenue 35/25 School 36 27-36 7,266 5.478 35 85th percentile speed 83 4th Street Euclid Avenue to Harbison Avenue 35/25 School 37 26-35 5,862 4.616 35 85th percentile speed 84 8th Street Harbor Drive to 1-5 35 35 26-35 14,841 3.128 35 85th percentile speed 85 8th Street 1-5 to National City Boulevard 35 EB/ 40 WB 34 21-30 23,642 2.74 35 85th percentile speed 86 8th Street National City Boulevard to D Avenue 35 33 22-31 18,611 5.819 30 Speed limit downgraded from 85th percentile speed due to 10 mph pace 87 8th Street D Avenue to Highland Avenue 35/25 School 32 24-33 17,408 9.023 30 85th percentile speed 88 8th Street Highland Avenue to Palm Avenue 40 37 29-38 16,146 4.168 35 85th percentile speed Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation b89 8th Street Palm Avenue to Euclid Avenue 35 39 30-39 15,410 2.121 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 90 8th Street Euclid Avenue to Harbison Avenue 35/25 School 41 32-41 14,509 2.579 35 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments, senior housing, church, and hospital 91 8th Street Harbison Avenue to Plaza Boulevard Not Posted (35)/25 School 40 30-39 13,367 3.233 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace and adjacent school 92 Plaza Boulevard Coolidge Avenue to Hoover Avenue 35 33 25-34 3,766 19.54 30 Speed limit downgraded from 85th percentile speed due to 10 mph pace 93 Plaza Boulevard Hoover Avenue to National City Boulevard Not Posted (35) 25 16-25 4,108 14.058 30 Speed limit upgraded from 85th percentile speed to be consistent with adjacent segments 94 Plaza Boulevard National City Boulevard to D Avenue 35 34 26-35 8,618 4.601 30 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments b95 Plaza Boulevard D Avenue to Highland Avenue Not Posted (35)/25 School 32 23-32 10,259 10.317 30 85th percentile speed 96 Plaza Boulevard Highland Avenue to Palm Avenue 35 33 20-29 19,494 3.526 35 85th percentile speed Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents pet- Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation 97 Plaza Boulevard Palm Avenue to 1-805 35 35 26-35 29,968 2.616 35 85th percentile speed 98 Plaza Boulevard 1-805 to Euclid Avenue 35 31 22-31 29,866 1.6 35 Speed limit upgraded from 85th percentile speed to be consistent with adjacent segments 99 Plaza Boulevard Euclid Avenue to school Xing Not Posted (35)/25 School 32 23-32 22,263 7.475 30 85th percentile speed 100 Plaza Boulevard School Xing to Harbison Avenue Not Posted (35)/25 School 32 24-33 21,281 2.019 30 86th percentile speed 101 Plaza Boulevard Harbison Avenue to 8th Street 40 35 26-35 17,470 4.158 35 85th percentile speed 102 Paradise Valley Road 8th Street to Plaza Entrada 40 43 34-43 23,916 1.812 40 Speed limit downgraded from 85th percentile speed due to 10 mph pace 103 Civic Center Drive Harbor Drive to Wilson Avenue 30 29 20-29 5,956 8.449 30 85th percentile speed d104 Civic Center Drive Wilson Avenue to National City Boulevard 30 31 22-31 6,796 3.842 30 85th percentile speed 105 16th Street Wilson Avenue to National City Boulevard 30 25 16-25 1,992 11.676 25 85th percentile speed 106 16th Street National City Boulevard to D Avenue 35/25 School 35 26-35 4,950 10.952 35 85th percentile speed Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation 107 16th Street D Avenue to Highland Avenue 35/25 School 33 24-33 6,989 8.841 35 85th percentile speed 108 16th Street Highland Avenue to Palm Avenue 35 34 25-34 7,716 3.776 35 85th percentile speed 109 16th Street Palm Avenue to Euclid Avenue 35 38 27-36 5,938 3.894 35 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 110 16th Street Euclid Avenue to Harbison Avenue 35/25 School 33 24-33 7,553 3.804 35 85th percentile speed 111 18th Street Wilson Avenue to National City Boulevard 30/25 School 32 24-33 4,251 6.144 30 85th percentile speed 112 18th Street National City Boulevard to D Avenue 35/25 School 35 26-35 6,768 5.333 35 85th percentile speed 0113 18th Street D Avenue to Highland Avenue 35/25 School 37 30-39 7,859 6.025 35 85th percentile speed 114 18th Street Highland Avenue to Palm Avenue 35 38 29-38 9,102 5.999 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 115 18th Street Palm Avenue to Newell Street 35/25 School 38 31-40 10,949 4.836 35 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 116 18th Street Newell Street to Euclid Avenue 35/25 School 36 27-36 5,508 6.885 35 85th percentile speed 117 18th Street Euclid Avenue to Rachael Avenue 35/25 School 37 28-37 6,724 2.183 35 85th percentile speed Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation 118 19th Street Tidelands Avenue to Cleveland Avenue 35 28 18-27 2,631 1.442 30 85th percentile speed 119 22nd Street Wilson Avenue to Hoover Avenue 30 32 24-33 2,903 1.757 30 85th percentile speed 120 22nd Street Hoover Avenue to National City Boulevard 30 28 18-27 1,945 14.11 30 85th percentile speed 121 Bay Marina Drive Tidelands Avenue to Marina Way 35 37 29-38 5,695 2.616 30 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments W.22 Bay Marina Drive Marina Way to 1-5 Not Posted (25) 26 15-24 10,914 0.423 30 Speed limit upgraded from 85th percentile speed to be consistent with adjacent segments 123 Mile of Cars Way 1-5 to Hoover Avenue 35 36 27-36 21,540 2.067 35 85th percentile speed 124 Mile of Cars Way Hoover Avenue to National City Boulevard 35 40 29-38 15,337 4.728 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 125 24th Street National City Boulevard to D Avenue 35 39 30-39 9,696 6.331 35 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments 126 24th Street D Avenue to Highland Avenue 35/25 School 36 29-38 9,502 15.679 35 85th percentile speed 127 24th Street Highland Avenue to L Avenue 35 37 29-38 4,417 25.599 35 85th percentile speed 128 30th Street Hoover Avenue to National City Boulevard 35 35 23-32 3,447 5.477 30 Speed limit downgraded from 85th percentile speed due to 10 mph pace Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation 129 30th Street National City Boulevard to D Avenue 35/25 School 37 28-37 4,886 3.682 30 Speed limit downgraded from 85th percentile speed to be consistent with adjacent segments -130 30th Street D Avenue to Highland Avenue 35 32 23-32 8,024 7.244 30 85th percentile speed 131 30th Street Highland Avenue to L Avenue 40/25 School 36 27-36 18,165 3.424 35 85th percentile speed 132 30th Street L Avenue to 2nd Avenue 40 36 27-36 20,247 1.871 35 85th percentile speed 133 Sweetwater Road 2nd Avenue to I- 805/Euclid Avenue 40 38 28-37 20,647 3.042 35 Speed limit downgraded from 85th percentile speed due to 10 mph pace 134 Sweetwater Road I-805/Euclid Avenue to Valley Road 45E8/ 40WB 45 34-43 22,016 1.773 40 Speed limit downgraded from 85th percentile speed due to 10 mph pace 135 Sweetwater Road Valley Road to Plaza Bonita Road 45 44 34-43 16,027 0.941 45 85th percentile speed 136 Sweetwater Road Plaza Bonita Road to Calmoor Street 45 48 37-46 18,295 1.076 45 Speed limit downgraded from 85th percentile speed due to 10 mph pace 137 Sweetwater Road Calmoor Street to Plaza Bonita Center Way 45 39 30-39 17,723 0.644 45 Speed limit upgraded from 85th percentile speed to be consistent with adjacent segments -138 32nd Street Tidelands Avenue to Marina Way 30 27 19-28 500 11.355 25 85th percentile speed 139 33rd Street Hoover Avenue to National City Boulevard 30 34 24-33 1,764 10.795 35 85th percentile speed Speed Survey Summary and Recommendations Location Number Location Name Limits Existing Speed Limit (mph) 85th Percentile Speed (mph) 10 mph pace Average Daily Traffic (ADT) Accidents per Million vehicle Miles (ACC/ MVM) Recommended Speed Limit (mph)* Justification and Recommendation 140 Valley Road Sweetwater Road to Calle Abajo 35 44 34-43 7,280 1.133 40 Speed limit downgraded from 85th percentile speed due to 10 mph pace . Recommended Speed Limit highlighted in "hold" represent a change from fisting Speed Limit CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2012 AGENDA ITEM NO.18 ITEM TITLE: Resolution of the City Council of the City of National City Amending Resolution No. 2011-248, Resolution of Necessity for the Acquisition of Real Property for the Plaza Boulevard Street Widening Project (Nagraj, Inc., APN 557-410-19 PREPARED BY: Claudia Gacitua Silva PHONES: Ext. 4222 DEPARTMENTS: City Attorney APPROVED BY: EXPLANATION: 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: kNdopt resolution.; BOARD / COMMISSION RECOMMENDATION: N/A 'ATTACHMENTS: 1. Report to City Council (includes Memorandum from City Attorney to Mayor and City Council dated March 24, 2010, and Staff Report dated Novembe15, 2012) 2. Resolution No. 2011-248 3. 2012 Notice of Intent to Amend Previously —Adopted Resolution of Necessity 4. Proposed Resolution MEETING SUBJECT: Report to the City Council DATE: November 20, 2012 Amendment of Resolution of Necessity Nos. 2010-59, 2010-70, 2010-71, 2011-248, 2011-249 and 2011-250 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. 2012 Staff Report 1 of 3 ATTACHMENT 1 to Agenda Statement On November 15, 2011 Resolution Nos. 2011-248, 2011-249, and 2011-250 were adopted and amended Resolution Nos. 2010-59, 2010-70 and 2010-71 which clarified the language and intent of the temporary construction easements being acquired from the property owners. All other portions of the 2010 resolutions were unaffected by the adoption of the 2011 Resolutions. As a result of the above referenced mediation and further staff discussions it is recommended that the language describing the legal descriptions for the Temporary Constructions Easements which are attached as exhibits to the Resolutions of Necessity should again be revised. The revisions would clarify the necessary property interests being sought; specifically the revised legal descriptions would provide that the temporary construction easements would consist of the right to use and occupy the easement areas for construction and other uses described therein for a period to exceed thirty (30) days. The thirty (30) day time period could occur anytime within a three year time period commencing on November 11, 2011 and terminating 36 months thereafter. In effect the language of the temporary construction easements are being amended to allow for an extension of the time for an additional two years within which the actual thirty (30) day construction will take place. The previous language and proposed amended language is set forth as follows: Previous language: 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 the 12 months time period shall not exceed thirty (30) days. New Language: A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement for a period of thirty six (36) months commencing on November 16, 2011 and terminating thirty six (36) months later. The actual time to effect the construction on and use of the real property during this indeterminate period shall not exceed thirty (30) days. The revision of the language describing the Temporary Construction Easements will be accomplished by the adoption of the amending resolutions presently before the council which will amend the previous 2010 and 2011 Resolutions of Necessity. The amending resolutions will affect only the language of the temporary construction easement contained in the previous resolutions. In all other aspects the language of the previous resolutions remains the same. All of the actions taken by the Council on April 6, 2010 and on November 15, 2011 including the findings made in connection therewith are incorporated herein by 2012 Staff Report 2 of 3 ATTACHMENT 1 to Agenda Statement reference. The staff reports dated March 24, 2010, April 6, 2010, and November 15, 2011 are also incorporated herein by reference. These documents are on file with the City Clerk's Office and the City Engineer and are available for inspection and reference. Attachments: 1. Vicinity Map Exhibit 2. Right of Way Exhibit 3. Staff Report dated March 24, 2010 4. Staff Report dated November 15, 2011 Reviewed by: Stephen Manganiello City Engineer Approved by: City Manager 2012 Staff Report 3 of 3 ATTACHMENT 1 to Agenda Statement 2012 Staff Report Attachment 1 2012 Staff Report - Attachment 2 NAGRA.7 [NC. CONSTRUCTION EASEMENT (168G SF) R[Ghlf Of WAY 1AKI ffPfl 5i ) 2012 Staff Report - Attachment 2 TOOO AI_-RAYA-1 & SAMIYA ABDUL SATTAR KADDORY CONSTRUCTION EASEMENT (973 Si RIGHT OF WAY TAKE (3A SF) 2012 Staff Report - Attachment 2 PUtUAN rAMILY (RUST TIM CONSTRUCTION i'ASrvi-NT (2136 Sr) !21S;fl 01 WAY FAKi: (330 Sr) Mayor Ron Morrison Council Members Frank Parra Alejandro Sotelo-Solis Joss Van Deventer Rosalie Zarate Office of the City Attorney TO: Mayor and City Council FROM: City Attorney SUBJECT: Public Hearing and Resolutions of Necessity, Property Acquisitions for Plaza Boulevard Street Widening Project City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant CityAttomey Jodi L. Doucette DATE: March 24, 2010 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 fast steps toward acquiring the easements through eminent domain proceedings. These steps include the holding of a hearing atwhich-the affected property owners.may appear, and subsequent to the hearing, the adoption of resolutions of necessity., Prior to the hearing, the City must give notice of the City Council's intent to adopt a resolution of necessity to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll. The notice must state the intent of the City Council to adopt the resolution of necessity, and inform the property owner that they have 15 days in which to file a written request to appear and be heard at the hearing. The required notices were sent via first-class mail on March 18, 2010. (Please refer to the attached Notices of Intent to Adopt Resolution of Necessity. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 338.4327 2012 Staff Report - Attachment 3 Page 1 of 2 Those property owners who have fled 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. GHE/gmo GEORGE i EISER, III City Attorney 2012 Staff Report - Attachment 3 Page 2 of 2 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. 2012 Staff Report - Attachment 4 Page 1 of 2 As a result of the mediation and further staff discussions, it is recommended that the language describing the legal descriptions for the Temporary Construction Easements , which are attached as exhibits to the Resolutions of Necessity, should be revised. The revisions would clarify the necessary property interests being sought; specifically, the revised legal descriptions would provide that the Temporary Construction Easements would consist of the right to use and occupy the surface and sub -surface of the easement areas for a period of 12 months commencing November 16, 2011, and that the actual time to effect the construction on and use of the easement areas during this 12-month period shall not exceed 30 days. In addition to clarifying the property interests being sought by the City, the revisions of the language describing the Temporary Construction Easements could facilitate further discussions with the property owners to complete the acquisitions without the necessity of going to trial. The revision of the language describing the Temporary Construction Easements may be accomplished by the adoption of resolutions amending Resolution Nos. 2010-59, 2010- 70, and 2010-71 The revisions would affect only the Temporary Construction Easements; all other provisions of those resolutions would remain unchanged. The revised language is attached as an exhibit to the to the resolutions approving the amendments. All of the actions taken by the City Council on April 6, 2010 in adopting Resolution Nos. 2010-59, 2010-70, and 2010-71, including the findings made in connection therewith, are incorporated in this report by reference. The document titled "Project Description" that was included in the agenda background materials for the April 6, 2010 Council meeting, and all exhibits included in those materials, are also incorporated herein by reference. These documents are available for inspection at the City Clerk's office and the City Engineering Department. Attachment Exhibit "A" Vicinity Map 2012 Staff Report - Attachment 4 Page 2 of 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 fimctions 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 existingcongestion, 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 as 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 *ay aequisition.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 rightof way acquisition phase of the project is underway. The project would beready for construction in 2009. RESOLUTION NO. 2011 — 248 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; ATTACHMENT I to Agenda Statement Page 1 gage z or 10) Resolution No. 2011— 248 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. Thai 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, ATTACHMENT 2, to Agenda Statement Page 2 Resolution No. 2011 — 248 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. ATTEST: n Michael R. Delia, ty Clerk APPROVED S TO FOR � 1 udia Gaci ua Silva City Atto on Morrison, Mayor ATTACHMENT 2 to Agenda Statement Page 3 EXHIBIT "A" PERMANENT AGO IS ITION 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 QF SAN DIEGO, STATE OF' CALIFORNIA, ACCORDING TO MAP THEREOFNO. 166, FILED. IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, .MAY 11,. 11369, 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�3527' EAST 285.74 FEET FROM A BRASS -DISK STAMPED CP6 ACCORDING TO SAID RECORD OP SURVEY MAP; THENCE'NORTH $9°04'36' EAST 383:63 FEET TO A POINT IN THE WESTERLY UNE OF LAND PER DEED RECORDED MARCH 13, 1998 AS DOCUMENT NO. 1998- 0138180 OF OFFICIAL RECORbS, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1, THENCE ALONG SAID WESTERLY UNE NORTH 17°41'47' WEST 7.45 FEET TO THE NORTHWEST CORNER OF SAID -AND AND THE BEGINNING OF A NON-TANGENT'540.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 12°05'11' WEST, SAID- POINT BEING. ON THE SOUTHERLY UNE OF PLAZA -BOULEVARD; 2. HENCE ALONG THE NORTHERLY UNE OF SAID' PARCEL EASTERLY . ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 03 56' A- DISTANCE OF' 151.41 FEET TO 'THE NOtRTHEA$T CORNER OF SAID LAND, A RADIAL UNE 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. 2.81. FEET TO THE $EGINhlING.Ofr F'NUIVTATTGEflTgiZ70=ppp;T-R STURVE CONCAV -- NORTHERLY, A RADIAL. LINE TO SAID POINT BEARS SOUTH 4°40'21` EAST. 4. THENCE LEAVING SAIOEASTER.Y UNE WESTERLY ALONG THE ARC. OF .$AID, CUR\ THROUGH.A CE 7RAL ANGLE -OP 13°69's1'•A DISTANCE OF ' '.149.58•FEET TC:,n TRUE pow 43f13eGIIJNINO ' ..ARE.A = 0.014 ACRES,. MORE OR LE$5:- • MICKEYI3.AL3LIRf RCE21648 -. EXP: 3-31-10 ATTACHMENT 2 to Agenda Statement • Page 4 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) andoccupants 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, restrping 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". ATTACHMENT 2 , to Agenda Statement Page 5 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 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. ATTACHMENT 2 to Agenda Statement Page 6 Exhibit "C" TEMPORARY CONeiiti.a.tiON EASEMENT APN 567-410A 9 • THAT porimutor THE NORTHWESTERLY QUARTER OF THE WESTERLY)-TALF OF ob.octACRELOT 2 IN QUARTER SECTION -128.0F. RANCHO DE -.LA MACON, IN THE CITY OF NATIONAL CITY. COUNTY OPSANOIEGo TATE OF CAUFORNIA. ACCORDING TO MAP 'THEREOF NO. 166, FILED IN THE 'OFFICE OF THE-COL1Nrt' RECORDER OF SAN DIEGO couhrry, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRAGS pisK:STA1APED CPS ACCORDING TO RECORD OF SURVEY MAP NO: 17515 FILED IN THE OFFICE OF THECOUNTY RECORDER ON AUGUST 30, 2002- WHICH BEARS SOUTH 17°8527EAST 285:74 FEET FROM A BRASS. DISK STAMPED CP8-ACCCiRDING TO .SAID .RECORD OF SURVEY 1414% THENCE NORTH 8904.36' EAST $63.6.3 FEET TO A POINT IN THE WESTERLY LINE .OF LAND PER DEED RECORDED MARCH 13, 1996 AS DOCUMENT NO, 1998- *0136100 -OF OFFICIAL RECORDS -AND THE BEGINNING OF A NON -TANGENT 612.20-FOOT RADIUS .CURVE CONCAVE NORTHERLY. A RADIAL LINE TO SAID pown • BEARS SOUTH 0°19'30'WEST, SAID POINT BEING THE TRUE POINT .OF BEGINNING; 1. THENCE LEAVING.SAID ktVE k.HLY LINE EASTERLY ALONG THE ARC OF . SAID CURVEIHROUGH A CENTRAL ANGLE OF 13669'51'A. DISTANCE OF ' :149.58 i TO A -POINT ON THE EASTERLY. LIE OF LAND *PER SAID DEED; ' 2. THENCE ALONG SAID. EASTERLY LINE SOUTH 1764147- EAST <SOIMI 169332' EAST PER SAID DEtsby 10:24 FEET TO THE BEGINNING OF A NON -TANGENT 622.20FOOT RADIUS CURVE*QONCAVE NORTHERLY, A .ROIALX.INE,T4SAIMPOINt-BEARSZPUTH*83-Ue EAST; • • • THIENOE LEAVING SAID EASTERLY UNE.wesiErity ALONG TUE ARO OF • SAID. CURVE 'THROUGH A CENTRAL. ANGLE OF 3°30'27' NOISTANCE OP • bli:OpFEEr; • • • • . 4.- newt SOUTH ONIS'41r WEST41/0 FEET. 11iTHE BEGINItile OF A HON- TANGENT. 626.20-FOOT RADIUS CURVE CONc)NENOTTITIP_RLY. AR/01AL . LINE TO S;Alp: POINT EitAFTS SOUTH 1•21.50.EAST; - • • • • . Imetic.E itvE4im•tix .A1act4. THEt Agg• oF wita cUllVE THROUGH A. CENTRAL ANGLE OF 47513r otsloicitiF4t4iIktEr;. • '.THENCE NORTH-0'40'39 EAST 4.O FEET TO THE BEGINNINGOO-KNON- - •TANGENT.622,20-FDOT rtAtnustuRvEtpNeAvENOTHEttv, ARAM!. LINE TO- SAW PONT BEARS SOLITI.-itPOIT44.!IIVEs1;:. • • .7.• THENCE WESTERLY ALONG THE ARO OF SAID CURVE THROUGH 6E10114 ANGLE OF S:.°S6'89" Aii16741PE OE 8,3,4o: FEET TO POINTON -THE WESTERLYLINE °PIANO PERSAIP DEED; - • • e. WICEICIONGSAIO WESTE10 LINE NORTH 1 -bd.cli,filistE• ST.1.1.20 Tp.nlertiwg:Potttfo0.13EpiuNtlige, • • • •• • ; • • •. pags1W2 . •.• ATTACHMENT 2 • to Agenda Statement •• • Page Exhibit "C" (Page 2.) AREA = 0.O39.ACRES, MORE OR LESS. . P6yb Y ot2 ATTACHMENT_2 to Agenda Statement Page 8 Exhibit "D" APN 557-41049 tk r� I: 1'o 1Q 1� cr, .�*,--�y CP56� 383-b3 / N B9U4'3B' 1 PERM: ACQ. AND ICE • TABULJtTE02,CUAl; y. DATA. CUR4E 01LTA- RADIUS .LENGiu C1 ,1003'56 540.00' .. 151:41' CZ. t3'59'SV 1t1220' 449,56'. . '38:09.' - 63 3'3021!,- 522.21Y 14 425'08` r29 ' • .3 C5 510'39' 02240' • . Gl4G'. Ott* BY: KA 91ECl(CO 9Y MA • PM/ANENT , AR 0.014 ) CRIrS TE14PORARY £ONSJRUCTION 0413 Fi4T-(1C1 . • • ARPA a 0439. ;ACRES triuE POINT OF 11€GINNING POINT OF •REGMNING CONTROL PANT -ice PER NOS 1751S Di17Ef4-1 - 8 410-22--O . DATE., PLAZA BLW. C1 S 04740'21' E (R) 0 b. 3 t,AKTI PER DEED . RM. 3,i13/9B AS DOC. NO.-109a-013E}BA O.R. 557-410-19 PDn. NW 1/4 OF W 1/2 OF 80 ACRELOT 2 IN QUARTER SEC. 129 OF RHO. DE LA NAcIoN • MA•P No. 188 - • 1.'aigitNerr AAcQU SIgDM . • AND •101PORARY . DN$7Rt.t.D N •EASE11ENT .: AEFt 557=41D'19. NA_CRA,1 WQ . 'O0� NQ wa NO ATTACHMENT 2 to Agenda Statement Page 9• (Page 10 of 10) Passed and adopted by the Council of the City of National City, California, on November 15, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: Councilmember Zarate. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California By: .2)," City Clerk of the City f National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-248 of the City of National City, Califomia, passed and adopted by the Council of said City on November 15, 2011. By: City Clerk of the City of National City, California Deputy ATTACHMENT 2 to Agenda Statement Page 10 NOTICE OF INTENT TO AMEND PREVIOUSLY — ADOPTED RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) DATE: November 5, 2012 TO: Nagraj, Inc. 1700 East Plaza Boulevard National City, CA 91950 Antony Nash, Esq. McKenna, Long & Aldridge, LLP 600 W. 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: 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationaicityca.gov ATTACHMENT 3 to Agenda Statement (Nagraj) Page 1 (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 lease 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 20, 2012, 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 a Second 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. The proposed resolution, if adopted, will approve a second amendment of a previously approved Resolutions of Necessity and an Amended Resolution of Necessity to authorize the City of National City to acquire the property by eminent domain. Descriptions of the required property interests 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 Amended Notice, you will be entitled to appear and object to the adoption of the proposed second amended 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 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 designation 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. ATTACHMENT 3 to Agenda Statement (Nagraj) Page 2 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 By: Page 3 of 3 Ste en Manganiel City Engineer ATTACHMENT 3 to Agenda Statement (Nagraj) Page 3 EXHIBIT "A" "PERMANENTACQUISITION . ARN 557-41D-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 OECALIFORNIA. 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, 20D2 WHICH BEARS SOUTH 17.3527' EAST 285.74 FEET FROM A BRASS: -DISK STAMPED CPS ACCORDING IQ SAID RECORD OF SURVEY MAP; THENCE NORTH 89"04'36' EAST 383.63 FLE 1. TO A POINT IN. THE WESTERLY • UNE OF LAND PF 't DEEDRECORDED.MARCH.13,1998 AS,PACUMENT NCI1998-' I 0138180 OF OFFICIAL RECOR)S, SAID 'POINT BEING -THE. TRUE POINT OF BEGINNING; ' i 1. THENCE ALONG SAID WESTERLY UNE NORTH 1T°41'4T 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 PAINT BEARS SOUTH 12°0511"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 UNE ALONG THE EASTERLY UNE • OF .LAND PER SAID DEED SOUTH 17`41'47°• EAST 2.81 FEET TO THE S BEGA-'fx TXNGENT tilczu-rOOT'R7aus7cuRGE-(oNCAVE' NORTHERLY; A BAOIAL LINE TO SAID POINT BEARS SOUTH 4°4021'. EAST; - 4. THENCE LEAVING SAID:EASTERLY LINE WESTERLY ALONG THE ARC. OF SAID: CUR E, T TROUGH -A CE►;ftR 4.. ANGLE OF 13°59'51' A DISTANCE OF .t49.58 FEET ToT'HE TRUE- POINT DE -BEGINNING. • .AREA,.; 0.914 ACRES, MI1iRE OR" LESS:, ATTACHMENT 3 to Agenda Statement Page 4 6.(;) (Nagraj) EXHIBIT "B" TEMPORARY CONSTRUCITON 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 thirty six (36) months commencing on November 16, 2011 and terminating thirty six (36) months later. The actual time to effect the construction on and use of the real property during this indeterminate period shall not exceed thirty (30) days. Use of the Temporary Construction Easement shall not start until construction begins on or at the real property. 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". Page 1 of 2 ATTACHMENT 3 to Agenda Statement (Nagraj) Page 5 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 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) Page 2 of 2 ATTACHMENT 3 to Agenda Statement (Nagraj) Page 6 Exhibit "C" . . • TEMPOPARY CONSTRUCTION EASEMENT APN 55.7-4111-19 THAT PokTioka THE NORTHWESTERLY QUARTER OF THE WESTERLY,H4 OF Bb.00 ACRELOT 2 IN QUARTER SECTION .129.0.F. RANCHO IV.I,A•MACION, IN THE CITY OF NATIONAL CITY, COUNTY OF'-SAN. DIEGO; STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE -OFFICE -OF THECOUNTY • RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: • • BEGINNING AT A .8RASS DISK,STAMPED CPS ACcgRD04e. TO RECORD OF. SURVEY Mike NO: 17515 FILED IN THE OFFICE OF THE -COUNTY RECORDER -ON AUGUST 30, 200.7VItlICIT BEARS SOUTH 17'8.5'.27 -EAST 4574 -FEET FROM. A !IRAs& Dis,K STAMPaii-OPeAcCORDIOG TO,SAID -.RECORD QF SURVEY MM THENCE NORTH 89°04.36' EAST 383.63 FEET TO A .POINT IN'THE WESTERLY LINE OF LAW. PER PEED RECORDED. MARCH 13.1998AS DOCUMENT NO. MS-. 613/HW OF OFFICIAL RECORDS AND THE BC -GINNING OF A NON -TANGENT 612.20-FOOT RADIUS -CURVE CONCAVE RORMERLY. A Roam LINE TO SAID POINT. BEARS .SOUTH 9°191TVEST, SAID POINT BEING THE TRUE POINT .OF pEGINNING; • • 1. THENCEUSIVINGSAID WESTERLY UNE EASTERLY ALONG mg ARC OF SAID OURVEIHROUGH A cEhTfuki ANGLE QF 1365;311-A DISTANCE OF 149.56 FEET TO A. POINT ON THE EASTERLY. LINE OF LAND PER SAID DEED;- . 2THENCE ALONG SAID.EASTERLY LINE SOUTH 17°41.47- EAST (SOUTH 18°1332" EAST PER SAID DEgn) 10.26 FEET. TO THE BEGINNING OF A NON -TANGENT 622.20FOOT RADIUS CURVECONCAVE NORTHERLY:A • . NADIALUNFeTO..SAIDPOINTHEARS.SIOUTIL4553!O/tE.AST; • • 3. THENCE LEAVING MID EASTERLY UNEWESTEILLYALONG THE ARC OF • SAID.CURVE THROUGH A CENTRAL ANGLE OF 310'2/- DISTANCE OF ci‘o9FEE-1-: • 4.- THENCE SOUTH- 064,14:1" VilEd 440 FEET TO IHEBEGiNNINo oF•A NON- . . • TANG.ENT.S20-20-FOOT MOMS CURVE Comdkvg•NognialLy, A RADIAL LINE TO OUP(POINt. DEARS SOWN V2rMrEASI-;. - - :ifif.44E_ WES:WA_ -a°140, Wkill FO/g TIIROMOH DENTHAL- ANGLE OF•41.2570r A DINED 4114iIFEETI. 6: 111E119.s NOFfifrijOSZ.WT 'IV FEET To 1* sr-biNNING.oF•A NON. • TANoeffr.M.20-FOor RikOlustuRv-b2N0AVE:NOITMRCY. ARADIAL LINE TOSAIDPOINT BEARS tourtit'00:441WES1;, 1. THENCE WESTERLY ALONG THE AM OF SAID ()kiwi THROUGH . c:Ekiitti. ANGLE OF :S,S0'.397 ADISTANCE OF 63,4.16. FEET TO A. POINF-ON • THErgsmoyukE OpLAND PER DEED; - THENCE AiONGMO WESTERLY LINE NORTH lk°414-i'•v*sT 11.20 EET. T.O.11iti4POINf00130iNNING, - • • . - ••• • . • • ; • • - • • PagefolZ . • ' .• ATTACHMENT 3 to Agenda Statement Page 7 @.- (Nagraj) Exhibit "C" (Page 2) AREA = 0.039 ACRES, MORE OR LESS. r WIT? 13F4k01IR RCE.27640 ' • BO: 3-31-10. • • .. Pi0 Cif 2. ATTACHMENT 3 to Agenda Statement Page 8 (Nagraj) CP.6 v fah CP5 83.63'- - N 8704'36' E, .TP.O.B. PERK: ACQ.I AND .TEE O. a, CURVET DELTA RADIUS IENGin CI • 16'03155 54t00 . : I51 A' ' C2. .13'S951" 012'21r 149.56'. C9 3701]"• 11221W-f.x0 '9' - ;_,S.4.__. 4'E508" 6 0 '_ C5 5$0'39. _.. - 6`22..20 - . 63:46 IGEND• Erp APN. 557-410�19 AegiitSIVR AREA = 0.b14 ACRES TE3TPOR116Y CON51RUCVON E'J Ei{T-e . - AREA = 0410 AC.RES liUE POINT OF DOMING POINT OF WOWING NG CONTROL POINT PER ROS 17515 DRAi'e16Y: KA QI 6.61t NA APPROyED.TlE �DA1E:'i=15�08 DALE 5 22 O PLAZA BLVD. S 043021 E (R) .N o� • 557-410-19 POR. NW 1/4 OF W1I2or SO ACRE • LOT 2 1N QUARTER SEC.. 126 OF RHO, DE LA HACION MAP Na 165 NATIONAL :: AND-'IEWORARY ISDH$TRUCIION.FA.504IT At% 40-410-19- :40' - •D0n NIL AM NQ• • ATTACHMENT 3 to Agenda Statement Page 9 (Nagraj) RESOLUTION NO. 2012 — RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NOS. 2010-59 ADOPTED ON APRIL 6, 2010, AND RESOLUTION NO. 2011-248 ADOPTED ON NOVEMBER 15, 2011, 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 Council of the City of National City on November 15, 2011 adopted Resolution No. 2011-248 which amended Resolution No. 2010-59; and WHEREAS, the City now desires to effect an amendment to Resolution Nos. 2010-59 and No. 2011-248 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 Resolution No. 2012 — November 20, 2012 Page Two 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.; Califomia 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; 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 Second 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 Second Amended resolution, this City Council did hear and consider all the evidence presented. WHEREAS, copies of Resolution Nos. 2011-248 and 2010-59 are on file with the City Clerk and are available for review. By this reference these Resolutions are hereby incorporated by reference and are hereby made a part of the administrative record. 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 now amended of this date 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 Resolution No. 2012 — November 20, 2012 Page Three 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 incompliance with all requirements of the Califomia 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 Resolution No. 2011-248, 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, BE IT FURTHER RESOLVED that the Amended legal description (Temporary Construction Easement) now set forth in this Second Amended Resolution of Necessity 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 and Resolution No. 2011-248. In all other respects Resolution 2010-59 and Resolution No. 2011-248, 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 20th day of November, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor EXHIBIT "A" PERMANENT ACQUISITION ARN 557-410-19 THAT PORTION OF THE NORTHWESTERLY QUARTER OF THE WESTERLY HALF OF 80:00 ACRE LOT 2 IN QUARTER SECTION 129 OFRANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY; COUNTY OF SAN DIEGO, STATE OF_ CALIFORNIA, ACCORDING TO MAP THEREOFJ'1O. 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 1-tt7, TO A POINT IN THE WESTERLY "UNE OF LAND PER :DEEDRECORDED.MARCH .13,.1998 As,OoCUMbNT NO.1998- 0138180 OF OFFlC17�.t RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; •' 1, THENCE ALONG SAID WESTERLY LINE NORTH 17°41'47' WEST 7.451•L4I 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•051.1`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 SOOT • 9°58'45' EAST (SOUTH 4'24'17'. EAST PER SAID DEED) 3. THENCE LEAVING SAID NORTHERLY LINE ALONG THE EASTERLY UNE • OF .LAND PER SAID DEED SOUTH 1T°41'4r. EAST 2.61 FEET TO THE BEGINNIRWOr 'RL XIXNBEN.1 612.26-rOCT•RADILIS7CORVE'CONCAVE7 NORTHERLY, A jiADIAL LINE TO SAID POINT DEARS SOUTH 4.40'21', EAST; •. 4. THENCE LEAVING SAID EASTERLY UNE WESTERLY ALONG THE ARC OF 'SAID; CURC/E.'W•ROUGH•A ANGLF OF 13069'SV IA DISTANCE OP • v.t49.561=EET TOTHE TRUE"PO T OFDEGINNING. • i4REA.= 0•.O14 ACRES, MORE OR LESS.' MICKEY B. AL3 "EXP.: 3-31-10 . • A 2719 RCE 27648 • • EXHIBIT "B" TEMPORARY CONSTRUCITON 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 thirty six (36) months commencing on November 16, 2011 and terminating thirty six (36) months later. The actual time to effect the construction on and use of the real property during this indeterminate period shall not exceed thirty (30) days. Use of the Temporary Construction Easement shall not start until construction begins on or at the real property. 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 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". Page 1 of 2 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 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) Page 2 of 2 Exhibit "C" - TEMPORARY CONSTRUCTION EASEMENT API THAT PORTION OF mE NORTHWESTERLY QUARTER OF THE WESTERLYHALF OF 8.00 ACRE LOT 2 IN QUARTER SECTION .129,CF. RANCHO DE-LANACION, IN THE crry OF NATIONAL CITY, COUNTY OF-SAN. DIEGO, 6.TATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THEOFFICE-OF THE RECORDER OF SAN DIEGO COUNTY, MAY 1-1, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: • • BEGINNING AT A BRASS DISK:STAIVIPED CPS ACCORDING. TO RECORD OF SURVEY MAP NO: 17515 FILED IN THE OFFICE OF THECOIJNTyRECORDEIRON AUGUST 30. 2002 W}IPH BEARS SOON 17'3.7.27 -EAST 28574 FEET FROM A BRASS -DISK STAMPED CPS-ACOORDING TOSAID••RECiORD OF SURVEY MAP: ' THENCE NORTH 8904'34EAST 383.63 FEET TO A:POINT IN1HENES1ERLY UNE OF LAND PER DEED RECORDED ?ARCH 13, 1998AS DOCUMENT NO. 19913-, 013S180 OF OFFICIAL RECORDS 'AND THE BEGINNING OF A NON -TANGENT 61220-FOOT RADIUS -CURVE CONCAVE NORTHERLY, A RADIAL UNE TO SAID POINT BEARS .SOUTH 999`30''VVEST, SAID POINT BEING:THE TRUE POINT OF BEGINNING; • 1. THENCEMIVING7SAID WESTERLY UNE EASTERLY ALONG THE ARC OF SAID CURVE -THROUGH A CENTRAL ANGLE OF 13459.61'ADISTANC;E OF ' • 149.66 FEET TO A POINT ON THE EASTERLY UNE OF LAND -PER SAID DEED,- ' 2. THENCE ALONG SAID EASTERLY LINE SOUTH 1744147- EAST <SOUTH 18°13'32' EAST PER Ski DEEDj 10.26 FEET TO THE BEGINNING OF A NON -TANGENT 62220-000T RADIUS CURVE CONC.AVE NORTHERLY:A : ftADIAL-UNE,LTO.SAID-POINTBEARS.SOLTRI*-637W-EAST; 3. THENCE LEAVING SAID EASTERLY LINEWESTERLY ALONG THE ARC OF " SAID.CURVE THROUGH A CENTRAL ANGLE OF 3°30'2r A -DISTANCE OF 38.091-hhi; - . • 4.• THENCE SOUTH (1°,1941' WEST 4.60 FEETTO THE BEGINNING OF -A NON- . . . . •TANG.ENT,626.20-FOOT RADIUS CtIrtvE cpNchvg.NORTFOLY. A RADIAL . LINE TO SAIP: POW. BEIIRS SOUIH 1621'60*.EAST;. " •- IHENOE WESTERLY ALONG THE: ARC OF SAID CURVE THROUGH A-. • CENTRAL ANGLE 'OF4r25'OftZ DiVrAticko 40tEr;. 6. TilENCE NORTiffINI03rI EAST 403 FEET TO THE BEGINNING NON. .-rArgegur 02,20-V0or RADIUS CURVCONCAVE:NIORTNERLYAHADIAL ONE TO sAip• Pow' BEARS SOUTH 3°0007 WEss.T;, • 7. THENCE WESTERLY ALONG THE ARC OF- SAID CURVE THROUGH 4, dENtfiAi. ANGLE OF :°50'.89'.'ADIS3N4CE�E 83,40HF TO APOINT-014 • THE wgerEsoi UNE QP:LAND PERSAID DEM .8 THENCE AtONGSAID WESTERLY UNE NORTH It°414r•WEST 1128 FEET TOTHETRUEPOINTOFBEGINNING. . • • • . • . • . Pap-4'142* . Exhibit "C" . (Page 2) AREA = 0.039 ACRES, MORE OR LESS. r Pige t if 2 • cP,6 v l !' !a !o ivy, 1" fo P.0.8A'; ^, , CP5—383.63.1 N 89,04'36" E. T.P.0.8. PERK. ACO. y AND .TCE O, J t ' ` TA*A1 :OUJIIE.DATA. CURVE DELTA_ RANIM$ ,LENGTH C1 - 16'03'56' . 540.00'... 151A1' 02. 13'59'51' - 6446, 149.56'. C3 ..:39D'Zi".- 67L20'' . ' 38.09' • --_cA--- 6 ' . 4J1.30' £5• $50'39' ^' 0.46' 010cm9r MA Rt. PERMANENT ATA71obt4 ACRES TELIPORART CeN51RUC11OI1 E:I PIE11TCEE41. . AREA = D.99...ACRES TRUE POINT OF BEGINNING PONT OrBESUINING CONTJ1Ot PgNT PER R05 17515 UA1f '4-1648 DATEt 5-22.O F.gyor APN.557.410.19 PLAZA BLVD. S 04-'49'21" E (R) a� asp _IN PER. OEED.O 3j13/98 AS 0(1C. NO. .199B- 0130J60 557-410-19 POR. NW 1/4 OF W 1/2 OF 80 AcRlr LOT 2 111 QUARTER SEC.. 120 OF RHO. DE LA NACION MAP NO. 166 NATIONAL.. WY PERMANENT gesnripil - AND TDAPORi1RY;00t1SiRUC1iON-EAst-31F111 APN. 5Ct7'41019- MOW.... CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2012 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City Amending Resolution No. 2011-249, Resolution of Necessity for the Acquisition of Real Property for the Plaza Boulevard Street Widening Project (Todd AI-Bayati/Samiya Abdul Sattar Kaddory, APN 557-420-30) PREPARED BY: Claudia Gacitua Silva PHONES: IExt. 4222 `=XPLANATI ON: DEPARTMENTS: City Attorney APPROVED BY: APPROVED BY: Please see attached Report to City Council.;' FINANCIAL STATEMENT: ACCOUNT NO. General Fund will not be affected.j 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: 1. Report to City Council (includes Memorandum from City Attorney to Mayor and City Council dated March 24, 2010, and Staff Report dated Novembe15, 2012) 2. Resolution No. 2011-249 3. 2012 Notice of Intent to Amend Previously —Adopted Resolution of Necessity 4. Proposed Resolution! Report to the City Council MEETING DATE: November 20, 2012 SUBJECT: Amendment of Resolution of Necessity Nos. 2010-59, 2010-70, 2010-71, 2011-248, 2011-249 and 2011-250 for Acquisition of Right of Way for Plaza Boulevard Street Widening Project • Nagraj, Inc. (1700 East Plaza Blvd., APN 557-410-19) • Todd AI-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. 2012 Staff Report 1 of 3 ATTACHMENT 1 to Agenda Statement On November 15, 2011 Resolution Nos. 2011-248, 2011-249, and 2011-250 were adopted and amended Resolution Nos. 2010-59, 2010-70 and 2010-71 which clarified the language and intent of the temporary construction easements being acquired from the property owners. All other portions of the 2010 resolutions were unaffected by the adoption of the 2011 Resolutions. As a result of the above referenced mediation and further staff discussions it is recommended that the language describing the legal descriptions for the Temporary Constructions Easements which are attached as exhibits to the Resolutions of Necessity should again be revised. The revisions would clarify the necessary property interests being sought; specifically the revised legal descriptions would provide that the temporary construction easements would consist of the right to use and occupy the easement areas for construction and other uses described therein for a period to exceed thirty (30) days. The thirty (30) day time period could occur anytime within a three year time period commencing on November 11, 2011 and terminating 36 months thereafter. In effect the language of the temporary construction easements are being amended to allow for an extension of the time for an additional two years within which the actual thirty (30) day construction will take place. The previous language and proposed amended language is set forth as follows: Previous language: 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 the 12 months time period shall not exceed thirty (30) days. New Language: A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement for a period of thirty six (36) months commencing on November 16, 2011 and terminating thirty six (36) months later. The actual time to effect the construction on and use of the real property during this indeterminate period shall not exceed thirty (30) days. The revision of the language describing the Temporary Construction Easements will be accomplished by the adoption of the amending resolutions presently before the council which will amend the previous 2010 and 2011 Resolutions of Necessity. The amending resolutions will affect only the language of the temporary construction easement contained in the previous resolutions. In all other aspects the language of the previous resolutions remains the same. All of the actions taken by the Council on April 6, 2010 and on November 15, 2011 including the findings made in connection therewith are incorporated herein by 2012 Staff Report 2 of 3 ATTACHMENT 1 to Agenda Statement reference. The staff reports dated March 24, 2010, April 6, 2010, and November 15, 2011 are also incorporated herein by reference. These documents are on file with the City Clerk's Office and the City Engineer and are available for inspection and reference. Attachments: 1. Vicinity Map Exhibit 2. Right of Way Exhibit 3. Staff Report dated March 24, 2010 4, Staff Report dated November 15, 2011 Reviewed by: Stephen Manganiello City Engineer Approved by: City Manager 2012 Staff Report 3 of 3 ATTACHMENT 1 to Agenda Statement 012 Staff Report Attachment 1 2012 Staff Report - Attachment 2 00 CD O w NAGRA.1 [NC. CONSTRUCTION EAS MEN" (1G8G Sr) RUCFIT L>f IVAY IAKf (67a 5i ) 2012 Staff Report - Attachment 2 TODD AL-AAYATI & SAMIYA ABDUL SATTAR KADOORY CONSTRUCTION EASEMENT (973 SFI RIGHT OF WAY TAKE (34 SF) • ( (14'i €NVi AVM iC 1HSi 121 (JS 9£1Z) _NJnJSVJ NUiiJ121.iN(i:.3 1S12i1 A-11mA NVaT1nd 4, 0 b bA cc{ 0.1 2012 Staff Report - Attachment 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 ter 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 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 Polley 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) forthe'design work. On October 25, 2006, the City- was notified by the Statc that the final design andright of way acquisition: could start while • Caltrans is f netn ing 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 beready for construction in 2009. Mayor Ron Morrison Council Members Frank Parra Alejandro Sotelo-Sotis Jess Van Deventer Rosarie Tarate TO: FROM: SUBJECT: Public Hearing and Resolutions of Necessity; Property Acquisitions for Plaza Boulevard Street Widening Project 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 Mayor and City Council City Attomey DATE: March 24, 2010 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 widtls 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 interestsneeded 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 test steps toward acquiring the easements through emir.ent domain proceedings. These steps include the holding of a hearing at which -the affected property owners may appear, and subsequent to the hearing, the adoption of resolutions of necessity:. Prior to the hearing, the City must give notice of the City Council's intent to adopt a resolution of necessity to each person whose property is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll. The notice must state the intent of the City Council to adopt the resolution of necessity, and inform the property owner that they have 15 days in which to file a written request to appear and be heard at the hearing. The required notices were sent via first-class mail on March 18, 2010. (Please refer to the attached Notices of Intent to Adopt Resolution of Necessity. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 2012 Staff Report - Attachment 3 Page 1 of 2 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. GHE/gnio GEORGE, EISER, III City Attorney 2012 Staff Report - Attachment 3 Page 2 of 2 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 AI-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. 2012 Staff Report — Attachment 4 Page 1 of 2 As a result of the mediation and further staff discussions, it is recommended that the language describing the legal descriptions for the Temporary Construction Easements , which are attached as exhibits to the Resolutions of Necessity, should be revised. The revisions would clarify the necessary property interests being sought; specifically, the revised legal descriptions would provide that the Temporary Construction Easements would consist of the right to use and occupy the surface and sub -surface of the easement areas for a period of 12 months commencing November 16, 2011, and that the actual time to effect the construction on and use of the easement areas during this 12-month period shall not exceed 30 days. In addition to clarifying the property interests being sought by the City, the revisions of the language describing the Temporary Construction Easements could facilitate further discussions with the property owners to complete the acquisitions without the necessity of going to trial. The revision of the language describing the Temporary Construction Easements may be accomplished by the adoption of resolutions amending Resolution Nos. 2010-59, 2010- 70, and 2010-71 The revisions would affect only the Temporary Construction Easements; all other provisions of those resolutions would remain unchanged. The revised language is attached as an exhibit to the to the resolutions approving the amendments. All of the actions taken by the City Council on April 6, 2010 in adopting Resolution Nos. 2010-59, 2010-70, and 2010-71, including the findings made in connection therewith, are incorporated in this report by reference. The document titled "Project Description" that was included in the agenda background materials for the April 6, 2010 Council meeting, and all exhibits included in those materials, are also incorporated herein by reference. These documents are available for inspection at the City Clerk's office and the City Engineering Department. Attachment Exhibit "A" Vicinity Map 2012 Staff Report - Attachment 4 Page 2 of 2 RESOLUTION NO, 2011 — 249 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 properly 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 Al-Bayati and Samiya Abdul Satter 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 properly 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 ATTACHMENT 2 to Agenda Statement Page 1 ,rage [ oL 5) Resolution No. 2011 — 249 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: 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 mariner 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 Govemment 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 heating 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. ATTACHMENT 2 to Agenda Statement Page 2 �c ayc va ]) Resolution No. 2011 — 249 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. ATTEST: Mich el R. Della, ity Clerk on Morrison, Mayor ATTACHMENT 2 to Agenda Statement Page 3 trage 9 or 9) • EXHIBIT "A" . PERMANENT ACQUISITION • APN 557-420-30 . . . • • • . THAT PORTION OP PARCEL NO. 2 OF PARCELMAP NO. 047e, IN THE 'CITY' OF NATIONAL CITY, COUNTY OF SAN DMGO, STATE. OE CALIFORNIA, FILED IN THE 'OFFICE OF 'THE COUNTY RECORDER OF SAN DIEGO COUNTY ON:JANUARy 13, 1977 AS FILE NO. 77414262 OF OFFICIAL REcoRos, MORE PAMIJLARLY . DESCRIBED AS FOLLOWS: . • • . BEGINNING AT A BRASS DISIc .STAMPED:cP4 ACCORDING TO RECOROOF SURVEY-MAPNO. 17516 FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 30, 2002 WHICH. BEARS soutii.§soinr WEST 1939;05 PEET FROM.A BRASS- DISK"STAMpED CP3 ACCORDING TO. bAID•RECORO QF• SURVEY MAP; THENCE -NORTH 66..29037 WEST 39.12 FEET To. A POINT ON THE NORTHERLY. LINE OF SAID. PARCEL. SAID -LINE ALSO BEING NE SOUTHERLY UNE OF, PLAZA BOULEVARD, SAID. POINT BEING THE TRUE POINT oF-I3E-GINNING; • . . . • 1. ThENCE ;i LEA"1 NG SAD NORTHERLY ilk SOUTH 16°2T25' EAST 244 •• • FEET; 2. THENCE SOUT.H76°30126*WrsT 15.000EET; . • 3. THENCE. .NORTH 16°27'25' WEST 2-.95 f-t=4! • TO A NOT IN SAID: NORTHERLY -UK; -; • " d. THENCE ALONG .SAID NORERLY UNE NORTH 744 TH1'06*.EASt (NORTH ••• 73°43'(6' EAST PER sJD PARCEL MAP) .14.98.1-bk • TO THE TRUE. POINT OF BEGINNING. • - . -AREA = 34 s14.1-1... M01,1.0R-Lbs§. • .".• ATTACiIMENT.2, to Agenda Statement ' , Page 4 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 occupantsof 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, restrring 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".. ATTACHMENT 2 to Agenda Statement Page 5 (Page 6 of 9) EXHIBIT 13" (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. ATTACHMENT 2 to Agenda Statement Page 6 trage or 9) 6: 'MENGE SOUTH 76°302VINEST 96.18 -I.-tt TiD THE WESTEFILY UNE OF SAIOPAReEL 2: .. .43,-TNE.4404-ALONG-BAI . To tHENonit_iwEst coilus3tHEREoF:. • • .64 mar 7: THENCE ALONG THE NORTHERLY UNE OF ...SAID PARCA. 2 NORTH 74"41'066.EAST 06,14#0; : . : • - . • - : • .., . . 6. THENCE LEAVING SAID.NORTHF-RLY LINE SOUTH 162712.61' EAST 2105 =. •• ' ...9.:- arettiOa NOFCIII 16°3026k E4ST-15.60 FEEr - • • •• - • • • t ., . v... oF.,..HoFrut f,6427'2' VEST 2.54'-'ftr To -THE •Tikqt. pOIHr '' '" • -• - Ofiquim, . , . . •• . • , ••• ..... .. • • . .. :AREA 1)2"..!•49, MORE oR.thqs. , • • •-••• • • • . • . • 11.•9KEYA.'Rot tiVal • • EXP. -31.:1(.1• • Exhibit-l!C2L •- , . • TEMPORARY C0TeRUCTION EASEMENT • ",• - • APN 557-420-30, • THAT. PORTION OF PARE O. 2 OF PARCEL MAP. NO. 544 IN THE CITY OF NATIONAL•CITY, COUNTY OF MN DiEGO, STATE OF CALIFORNIA, FILED IN THE. 'OFFICE OF THE COLIKTYRECORDER OF SAN DIEGO COUNTY ON :JANUARY 13, • 1971 AS -FILE .NO. '77-044262. OF OFFICIAL. RECORDS, MORE pARTIODLARLY DESCRIBED AS otbovki.s: BEGINNING AT- A BRASS DISK. STAMPED GP4 ACCORDING TO 'RECORD •OF. SURVEY MAP NO. 17515 FILED IN THE OFFICE OF -THE COUNTY RECORDERON AUGUST 30,. 2002 WHICH BEARS scarf! 65°.1741" WEST 1649:05.F±E I. FROM A BRASS DISK STAMPED CP3 ACCORDING TO SAID. RECOFID.OF PURVEY MAP; THENCE Norm6.64,2thw. WEST 39:•12•FEET TOA POINT ON THE NI3RTHERLY LINE OF SAID PARCEL 2; PAID UNE. ALSO BEING THE SOUTHERLY LINE OF Pl,AZA BOULEVARD, SAIDPOINTBEINGTHE TRUE POINT OF BEGINNING; 1. THENCE ALONG. SAID NORTHERLY UNE NORTH 74°41t5' EAST 16.99 NOI1THEAST CORNER OF SAID 'PARCEL 2; , 2 THENCE ALO NG THE EASTERLY LINE OF SAID PARCEL 2 SDI/M.17°4543' EAST 13.1i. FEET• • . 3. THENCE LEAVING SAID- EWERIY UN acvai WET 3431 4 .THgotibirH.15-2/2bwwg•st FEET; . •• • . • ATTACHMENT 2 to Agenda Statement. Page .7. • ' • • ' • (Page 8 of 9) T.P:O.B. PERU. -AOQ; MD TCE txtlibit APN �57-420=3b s ./49 / TPO.B°6.6' . .p. miD Ili? SEE D up 4i ti..rir - . 1W7,1;,./. f. 51°' . aka st.cpt . v' �f11j11A5 - �j;. q. NO: 4G267 Oi • POR, NW 1/4 Of' W 1/2 OP Si) ACM LOT 2 IN QIJARTFA ERG. 120 OF i O p LA NACION . MAP NO. 166 LEAS. , P.O.N. TTiNN9EtARY OQN57810 011 • AEA 92.3 1 FEET 1RUE POINT .: BE6ltittRi(i. _ AQtN1 OF.1tu¢ PLAZA' $° 19. .. TkU[A'IFD: I NE 1 ATK .. .UNt:. IIEAgustc'.` twat 1.1 : 5.18271.26. .E• 2.54.• • C2 S 7610.'. 1T ' 1b.6o' • ..t •;•: N:16 !.w.r.;z96!. ,1.4.. °, it.14'41ip@�` E.'.' 1498' 7 ' 15:. .•74'41ti110'.: E... `j &:99' CP3' • t • T11F .,• •BAryit . WkZE: . .. PT�t1tAl1E11Y 1!i1411pF1.' .. Did WO; • A1191FAORI Y.Ct:¶Qt FASE11E iT 146. koiwED er. . , 01►4 - . Ti1DD N.-DAYAl1. AND SJi1tYA .azk)1 •S rAI KADDURY ; ATTACHMENT 2 to Agenda Statement . • Page 8. :• b 4-2✓1.:09 NO. Passed and adopted by the Council of the City of National City, Califomia, on November 15, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Soils. Nays: None. Absent: None. Abstain: Councilmember Zarate. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California By: City lerk of the City if National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-249 of the City of National City, California, passed and adopted by the Council of said City on November 15, 2011. By City Clerk of the City of National City, California Deputy ATTACHMENT 2 to Agenda Statement Page 9 «: CALIFORNM -+► ION NOTICE OF INTENT TO AMEND PREVIOUSLY — ADOPTED RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) DATE: November 5, 2012 TO: Todd Al-Bayati Samiya Abdul Sattar Kaddory 11917 Corona Vis El Cajon, CA 92019-4262 Antony Nash, Esq. McKenna, Long & Aldridge, LLP 600 W. Broadway, Suite 2600 San Diego, CA 92101 PROJECT: Plaza Boulevard Street Widening Project LOCATION: 1736-1740 East Plaza Boulevard, National City, CA 91950 APN: 557-420-30 VESTING: 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: 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering©nationalcityca.gov ATTACHMENT 3 to Agenda Statement (AI-Bayati) Page 1 (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 lease 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 20, 2012, 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 a Second 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. The proposed resolution, if adopted, will approve a second amendment of a previously approved Resolutions of Necessity and an Amended Resolution of Necessity to authorize the City of National City to acquire the property by eminent domain. Descriptions of the required property interests 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 Amended Notice, you will be entitled to appear and object to the adoption of the proposed second amended 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 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 designation 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. ATTACHMENT 3 to Agenda Statement (Al-Bayati) Page 2 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 By: Page 3 of 3 Stephen Manganiell City Engineer ATTACHMENT 3 to Agenda Statement (Al-Bayati) Page 3 EXHIBIT "B" TEMPORARY CONSTRUCITON 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 thirty six (36) months commencing on November 16, 2011 and terminating thirty six (36) months later. The actual time to effect the construction on and use of the real property during this indeterminate period shall not exceed thirty (30) days. Use of the Temporary Construction Easement shall not start until construction begins on or at the real property. 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". Page 1 of 2 ATTACHMENT 3 to Agenda Statement (AI-Bayati) Page 4 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 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) Page 2 of 2 ATTACHMENT 3 to Agenda Statement (Al-Bayati) Page 5 (• Eliibi� "• C" ; TEMPORARY CONSTRUCTfON EASEMNT • • APN 557.420-30 ' - THAT. PORTION OF PARCEL NO. 2 OF PARCEL MAP. NO. 5478, IN• THE CITY OF NATIONAL• CEiY, COUNTY OF S11/4N•DIEGO. STATE OF CALIFORNIA,. FILED IN THE 'OFFICE OF THE t UNTYT2FCORDER OP SAN DiEGO COUNTY ON JANUARY 13, 1977 AS PILE .NO. 77-014262.OF • OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: • BEGINNING AT. A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF. SURVEY. MAP MO. 17515 FILED IN T1iE OFFICE OF The COUNTY RkcolDER.0K AUGUST 3R,.2002 WHICH GEARS SOUTH 60.741- WEST 1D$9;I15.FEET FROM A BRASS' DISK STAMPED CP3. ACCORDING TO SAID • RECORp.pF• SURVEY MAP; THGNGE 44ORTH 66°29'O3' WEST 39:12-FEET "MA 'POINT ON THE NORTHERLY. LINE OI SAID PARCEL 2; SAID' LINE. ALSO BEING •THE $ UTHERLY UNE 'OF PLAZA BOULEVARD, SAIDPOINT BEING:THE triug POINT OF BEGINNING; •' 1. THENCE ALONG SAID NORTHERLY UNE NORTH 74°41.106' EAST 16.99 FEET 1 CJ THE NORTHEAST CORNER.OI= SAID P2: ARCEL 2: TI jEICEALONG THE EASTERLY IJNEiOF SAID PARCEL 2 SOIJI11-17°45'13° . EAST 13.1$ FEET;. . 3. THENCE LEAVING SAID EASTERLY UNE SOI.JTh 76°39`26' WEST 37.31 .FIB; : • . •4. -.THENCE NORTH.16°27'25 WEST5:01 FEET; ' 5: THENCE SOUTH 76°3026'•WEST 90.18.FEET TO THE.WE STERLY UNE OF SAU) PARCEL 2 •. NGA IAIF LY-11N f14 FEET TO THE NORTHWEST CORNER Tj1EREOR''. - . T. THENCE ALONG. THE NORTHERLY UNE OF ••SAID PARCEL 2 NORTH 74°41'O9'.1=AsT 99,14•FEET: • 8 THENCE LE/EVING SAID•NORTHE(1LY UNE? SOUT}i 1G237'15' E-AS7' 2.06 NORTH 76°3026' FAST• 15.60 FEET: • 1b CE-No 1J1. 1817'25' -WEST 254'"FEET TO'THE •TTU,E ['DINT #F : jNMu ;. . . 92'3'S9,.0'1-..MORE OR:1:E$9 . ATTACHMENT 3 to Agenda Statement (AI-Bayati) Page 6 APN La o t . PERM -A% zt r AID ICE z� . sp T P:i�B . 9OJ► Y nJ$f? �9 *Li ACO. 39 r ; SEE OE ..NOT TO $CAFE• PDa NW 1/4 O1± W 1/2 b1 80 ACM t.OT 2 IN: QUARTGI;C, 1H of F1-1O pt: LA NACION - MAP Na 166 7�IPURAR11 oarslRucilGN AREA = 923 SWARE FEET TP_O.B: _ TRUE POINT OF.BE:W1NING. • POINT OF.i TA9U1.ATW: LIRE 'MA .. .UNE. BE/010.-.. lEN61F1' t1 S'I6`2 .25" .E. `254'-• . ' 12 $ 96/3Q767 W- '15.60' ..13. •.. N:16245 W: ;.. 2.06.'-. I.t. '.It74411W E.-.' 14:96'' 'l5. 1174'.4I ': .`a6:99' DAME �'�"tAe'il0 'Bt. ilk OA NA'14 EL is N0. •T v. ►t 1. I•, O ti IEI4T �IIM1r PV. 104. -57= . ' ' TWO AL-SA_YAfl. AND .SAIIIYA 143DOL .54TTI41 KAbO fr ATTACHMENT 3 to Agenda Statement (AI-Bayati) Page 7 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NOS. 2010-70 ADOPTED ON APRIL 6, 2010 AND RESOLUTION NO. 2011-249 ADOPTED ON NOVEMBER 15, 2011, 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 Council of the City of National City on November 15, 2011 adopted Resolution No. 2011-249 which amended Resolution No. 2010-70; and WHEREAS, the City now desires to effect an amendment to Resolution Nos. 2010-70 and Resolution No. 2011-249 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 Resolution No. 2012 — November 20, 2012 Page Two 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 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 tentatively been accepted but not finalized; and WHEREAS, the City of National City finds and determines that its Notice of Intention to Adopt this Second 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 Second Amended resolution, this City Council did hear and consider all the evidence presented. WHEREAS, copies of Resolution Nos. 2011-249 and 2010-70 are on file with the City Clerk and are available for review. By this reference these Resolutions are hereby incorporated by reference and are hereby made a part of the administrative record. 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 now amended of this date 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 Resolution No. 2012 — November 20, 2012 Page Three 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. 2010-70 and Resolution No. 2011-249, 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. BE IT FURTHER RESOLVED that the Amended legal description (Temporary Construction Easement) now set forth in this Second Amended Resolution of Necessity 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 and Resolution No. 201.1-249. In all other respects Resolution 2010-70 and Resolution No. 2011-249, 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 20th day of November, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor EXHIBIT "A" - PERMANENT ACQUISITION APN 557-420-30 THAT PORTION OF PARCEL NO. '2 OF PARCEU MAP NO. 5478, IN THEMA' OF NATIONAL CITY. COUNTY OF SAN DIEGO, STATE OF CAUFORNUS. 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 PARTICPLARLY DESCRIBED AS FOLLOWS: . • _BEGINNING AT A BRASS DISK -.STAMPED iC24 ACCORDING TO RECORD OF SURVEYMAP•NO. 1/515 FILED IN THE O1=FICE OF THE' O.UNTY RECORDER -EN AUGUST 30; 2002 WHaCH BEARS SOUTH.65°i2'41' WEST 1089.05 FEET FROM A • BRASS DISK. STAMPEt) CP3 ACCORDING TO SAID •RECORD OF SURVEY MAP; THENCE NORTH 66629'03` WEST 39.12 FEET' TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL, SAIDLINEALSO BEING THE SOUTHERLY UNE OF, PLAZA BOULEVARD, SAID -POINT B©NG THE TRUE POINT OFBEGINNING; • • 1. THENCE LEAVING SAID- NORTHERLY LINE SOUTH 16°27 ' EAST 254 FEET; 2. THENCE SOUTR 76°30226' WEST 15.00 FEET; • 3. THENCE. NORTH 16°27'25` Wggg" 2.06 FEET - TO A POINT IN SAID-. NORTHER1-Y.t1N •' . 4. THENCE ALONG .SAID NORTHERLY UNE. NORTH 74'41'08' EAST (NORTH 73°43'06''EAST PER SAID PARCEL MAP}.14.98. FEET TO THE TRUE.POINT OF pEGINNING. AREA = 34 SO: FT., MORE Oli LES:3., RACKEY B:A .EXP. 3-31.4 EXHIBIT "B" TEMPORARY CONSTRUCITON 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 thirty six (36) months commencing on November 16, 2011 and terminating thirty six (36) months later. The actual time to effect the construction on and use of the real property during this indeterminate period shall not exceed thirty (30) days. Use of the Temporary Construction Easement shall not start until construction begins on or at the real property. 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". Page 1 of 2 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 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) Page 2 of 2 • TEMPORARY CONSTRIJCiiON EASEMENT • • AP N 557420-10 " • THAT PORTION OP PARCEL NO. 2 OF PARCEL MAP. NO. 5478, IN THE CITY OF NAllONAL•CITY,'COUN:rf OF SHIN DIEGO. STATE OF CALIFORNIA, FIE,ED.IN THE 'OFFICE OF THE COUNTY -RECORDER OF SAN DIEGO COUNTY ON 'JANUARY 13, • 1977 ASLE NO. 77-014262 • OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGiNNING AT. A BRASS DISK STAMPED CP4 ,i%tbFiDING TO 'RECORD •OF. SURVEY. Wt1" NO. 17515 FILED IN THE OFFICE OF Th COLIKIY RkOQIIDEI/4:4 AUGUST 39,.201321AiiitCH SEARS SOUTH 80.4741* WEST 19119135.FEET FROM A. BRASS' DISK STAMPED CP3. ACCORDING TO SAID T(ECORD• OF; SURVEY 'MAP; THENCE NORTH" 66°2911.0! WEST 39:12•FEET TO -A POINT ON THE NORTHERLY LINE OF SAID PARCEL 2; SAID LINE ALSO BEING THE womb, LINE OF PLAZA HOULEVA,RD, SAIDPOINT BEINOTHE TRUE POINT OF BEGINNING; • • • •• • . 1. THENCE ALONG: SAID NORTHERLY UNE NORTH 741°41*-- EAST 16.99 • FEETTO THE NORTHEAST CORNER.OF SAID PARCELZ 2. THENCEALONG THE EASTERLY ,UNEOF SAID PARCEL 2 WITH- 17‘4543' • . EAST 13.1i. FEET:. 3. THENCE LEAVING SAID .EAsTERLY UNE SOI•ini 16°.306' WEST 37.31 - • ..THENCENOBTH.16°27'25" WEST 5:91 FEET;' 5: THENCE SOUTH 76'3076-WEST 0.18 FEET TO THEWESTERLY LINE OF SAO PARCEL Z., .. 464-MET --11444c444;0004AIDJAIEsUgLY-1•1NE-440RifEST- -0 :TO THE NORTHWEST CORNER -THEREOF!' - T. 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AHD . smirk (18DIit •51%fMi KAbD tlf CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2012 AGENDA ITEM NO. p0 ITEM TITLE: Resolution of the City Council of the City of National City Amending Resolution No. 2011-250, Resolution of Necessity for the Acquisition of Real Property for the Plaza Boulevard Street Widening Project (Artemio P. Puedan/Flora O. Puedan, APN 557-410-05) PREPARED BY: Claudia Gacitua Silva DEPARTMENTS: it y Attorney PHONES: Ext. 4222 XPLANATION: 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: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A 4TTACHMENTS: 1. Report to City Council (includes Memorandum from City Attorney to Mayor and City Council dated March 24, 2010, and Staff Report dated November 15, 2012) 2. Resolution No. 2011-250 3. 2012 Notice of Intent to Amend Previously —Adopted Resolution of Necessity 4. Proposed Resolution Report to the City Council MEETING DATE: November 20, 2012 SUBJECT: Amendment of Resolution of Necessity Nos. 2010-59, 2010-70, 2010-71, 2011-248, 2011-249 and 2011-250 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. 2012 Staff Report 1 of 3 ATTACHMENT 1 to Agenda Statement On November 15, 2011 Resolution Nos. 2011-248, 2011-249, and 2011-250 were adopted and amended Resolution Nos. 2010-59, 2010-70 and 2010-71 which clarified the language and intent of the temporary construction easements being acquired from the property owners. All other portions of the 2010 resolutions were unaffected by the adoption of the 2011 Resolutions. As a result of the above referenced mediation and further staff discussions it is recommended that the language describing the legal descriptions for the Temporary Constructions Easements which are attached as exhibits to the Resolutions of Necessity should again be revised. The revisions would clarify the necessary property interests being sought; specifically the revised legal descriptions would provide that the temporary construction easements would consist of the right to use and occupy the easement areas for construction and other uses described therein for a period to exceed thirty (30) days. The thirty (30) day time period could occur anytime within a three year time period commencing on November 11, 2011 and terminating 36 months thereafter. In effect the language of the temporary construction easements are being amended to allow for an extension of the time for an additional two years within which the actual thirty (30) day construction will take place. The previous language and proposed amended language is set forth as follows: Previous language: 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 the 12 months time period shall not exceed thirty (30) days. New Language: A Temporary Construction Easement and the right to use and occupy the surface and subsurface of said easement for a period of thirty six (36) months commencing on November 16, 2011 and terminating thirty six (36) months later. The actual time to effect the construction on and use of the real property during this indeterminate period shall not exceed thirty (30) days. The revision of the language describing the Temporary Construction Easements will be accomplished by the adoption of the amending resolutions presently before the council which will amend the previous 2010 and 2011 Resolutions of Necessity. The amending resolutions will affect only the language of the temporary construction easement contained in the previous resolutions. In all other aspects the language of the previous resolutions remains the same. All of the actions taken by the Council on April 6, 2010 and on November 15, 2011 including the findings made in connection therewith are incorporated herein by 2012 Staff Report 2 of 3 ATTACHMENT 1 to Agenda Statement reference. The staff reports dated March 24, 2010, April 6, 2010, and November 15, 2011 are also incorporated herein by reference. These documents are on file with the City Clerk's Office and the City Engineer and are available for inspection and reference. Attachments: 1. Vicinity Map Exhibit 2. Right of Way Exhibit 3. Staff Report dated March 24, 2010 4. Staff Report dated November 15, 2011 Reviewed by: Stephen Manganiello City Engineer Approved by: City Manager 2012 Staff Report 3 of 3 ATTACHMENT 1 to Agenda Statement 2012 Staff Report Attachment 1 2012 Staff Report - Attachment 2 NAGRA,1 INC. CONSTRUCTION EASEMEN? (1686 SF) t2l Cblr DI WAY 1 AK; (67a g; ) 2012 Staff Report - Attachment 2 b 7y 10 CD 0 0 t0 i0 00 00 TOAD Ai.-AAYATT & SAMIYA ABDUL SATTAR KADDORY CONSTRUCTION EASEMEN I (973 SF ) RIGHT OF WAY TAKE 13A SF) • 2012 Staff Report - Attachment 2 UQ CD 0 W m fl xi PUCt AN GAMILY TRUST CONSTRUCTION PASrIrN` (2136 sr) RI ,Ii1 Of WAY 1AR1. ( :50 sr) Mayor Ron Morrison Council Members Frank Parra Alejandro Sotelo-Solls Jess Van Deventer Rosalie Zarate fv. City attorney f1/8 8 7--., George H. Eiser, III iv-c�,o, .: ,, ,� Senior Assistant City Attorney Claudia GaciWe Silva Office of the City Attorney Senior Assistant City Attorney Jodi L. Doucette TO: Mayor and City Council DATE: March 24, 2010 FROM: City Attorney SUBJECT: Public Hearing and Resolutions of Necessity; Property Acquisitions for Plaza Boulevard Street Widening Project The Plaza Boulevard Street Widening Project (Project) includes the widening of approximately 1.1 miles of Plaza Boulevard in the eastbound and westbound directions between Highland Avenue and Euclid Avenue. (For a complete description of the Project, please refer to the attached document entitled 'Project Description" prepared by the Engineering Department.) In order to obtain the necessary widtLs 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 atwhich the affected property owners mayappear, 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 2012 Staff Report - Attachment 3 Page 1 of 2 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. GHE/gnio GEORGE H EISER, III City Attorney 2012 Staff Report - Attachment 3 Page 2 of 2 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 AI-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 A1-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. 2012 Staff Report - Attachment 4 Page 1 of 2 As a result of the mediation and further staff discussions, it is recommended that the language describing the legal descriptions for the Temporary Construction Easements , which are attached as exhibits to the Resolutions of Necessity, should be revised. The revisions would clarify the necessary property interests being sought; specifically, the revised legal descriptions would provide that the Temporary Construction Easements would consist of the right to use and occupy the surface and sub -surface of the easement areas for a period of 12 months commencing November 16, 2011, and that the actual time to effect the construction on and use of the easement areas during this 12-month period shall not exceed 30 days. In addition to clarifying the property interests being sought by the City, the revisions of the language describing the Temporary Construction Easements could facilitate further discussions with the property owners to complete the acquisitions without the necessity of going to trial. The revision of the language describing the Temporary Construction Easements may be accomplished by the adoption of resolutions amending Resolution Nos. 2010-59, 2010- 70, and 2010-71 The revisions would affect only the Temporary Construction Easements; all other provisions of those resolutions would remain unchanged. The revised Language is attached as an exhibit to the to the resolutions approving the amendments. All of the actions taken by the City Council on April 6, 2010 in adopting Resolution Nos. 2010-59, 2010-70, and 2010-71, including the findings made in connection therewith, are incorporated in this report by reference. The document titled "Project Description" that was included in the agenda background materials for the April 6, 2010 Council meeting, and all exhibits included in those materials, are also incorporated herein by reference. These documents are available for inspection at the City Clerk's office and the City Engineering Department. Attachment Exhibit "A" Vicinity Map 2012 Staff Report — Attachment 4 Page 2 of 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 arid bridge structure, and pedestrian facility upgrades are intended to improve safety along this corridor, which has higher than average number of traffic accidents within the project limits. On April 16, 2002, after obtaining an authorization from the California Department of Transportation (Caltrans) to begin the Preliminary Engineering (PE) phase, a_ contract between Professional Engineering Firm. and the City of National City was approved and. the PE phase began. The PE work included preliminary engineering calculations, Plaza Boulevard alignment study with various proposed alternative maps for widening, and environmental clearance: Five alternative alignments were presented and the most desirable one was selected for the project. The selected alignment had the minimum impacts to the adjacent properties. The limits of the minimum impact were based on the standard design criterion that was required for the project and its objectives. The City Council was periodically informed during the PE process. On December 20, 2005 •as a major part of the final PE work, The City of National City adopted the Mitigated Negative Declaration (MND), and. on June 22, 2006 obtained approval of the Finding of No Significant Impact (FONSI) under National Environmental Polley 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 Calhans is finalising the Project Study Report (PSR), . The PSR is a document that is required for the1-805 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 beready for construction in 2009: RESOLUTION NO. 2011 — 250 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 properly 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; ATTACHMENT 2 to Agenda Statement Page 1 ,rayc c of ♦J) Resolution No. 2011 — 250 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. ATTACHMENT 2 to Agenda Statement Page 2 Resolution No. 2011 — 250 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 properly 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. ATTEST: PASSED and ADOPTED this 15th day of November, 2011. 4, C Micel R. ClerkDella, PROVAS TO FORM: udia G City Attorn ilva ATTACHMENT 2 to Agenda Statement Page 3 tFage 4 of 10) EXIMIT • PERMANENT ACQUISITION APN 557410•415:. . THAT PORTION OF THE NORTHWEST QUA1TE.R OF THE' WEST HALF oF LOT 2 ni • QUARTER SECTION 129 OF THE RANCHO DE LA NAC1014, THE -CITY' OF NATIONAL CITY, COUNTY OP SAN DIEGO,: STATE OF.CALWORNIA, ACCORDING To MAP THEREOF NO. 166, PILED IN THE OFFICE OF THE COUNTY ECORM sAN breo0 COUNTY, MAY 11, 1869, MORE PARIICULARYDESCRIBED AS . FOLLOWS: • BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF suRV8Y- MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER 014•AUCRIST 30; 2002 WHICH BEARS NORTH 87M6'13"•EAST 805.90 FEET FROM A. BRASS DISIC STAMPED CP5 ACCORDING TO SAID RECORD OP. SURVEY MAP; THENCE SOUTH 86 ° 54'27"'WEST 144.07 FEET TOA POINT IN THE EASTERLY LINE OF LAND PER DEED RECORDED SEPIEMBER 25,:2003 AS DOCPMENTNO. 2003-L182085 OF • OFFICIAL RECORDS, SAID.kowr BralloTHE TRUE POINT OF 8P,OBsININCr, 1. TIMRCt LEAVING SAID EASTERLY LiNE SW1'0661016" WEST-36.83 FEET TO THEEEODINP140.0F A TANGENT 612.20-FOOTRADIUS CURVE • • CONCAVE NORTHWESTERLY; 2. 'THENCE SO1iTHW'ESTE1LYALONG111E ARCOP SAID 'ouitVETWoupfl A CENTRAL ANGLE OF 8°49'111.1A DISTANCE OP 94.24 PRIV TO.A. Mgr • ON THE WESTEktYLINE OF LAND PER SAID DEED;• • 3: THENCE ALONG SAID WESTERLY LINE NORTH•17°41147".WEST2:4 FEET • TO THE /401t1IIWEST:CORNER OF SAID LAND ARDorma )3?..0iNNiNO Op A NON -TANGENT 540.06400 RADitt cOAVE CONCAVOCatriteRLY; A • •:RADIAL LINE TO SAID POI:NM/Ws Solnif 3.!,31P4VgAst sAip POINT. BEING 0/4 THE gOUTHERLY VINE OF PLAtA: BOULEYAM 4. THENCE EASTERLY ALONG THE NORTH:61.1 LiNE.014 sAto LAND AND ALONG THE ARC OP SAiii CuivETMOMI A cENTRAL ANoLE or . 13°5425" A DISTANCE OF 111.07 PEET TO THENORTHEAST CORNER. OF SMiThANiti; • . • • •TifFNCE ALONG SAID EAsnljtcy UNE IMMO SOUTH 17°21'57'.' EAST •. 4.01 1431IT TO THE TRUE POINT•OF ilFbiNNINo; 1• • Aiti3A4.08 AcitiA MOO OR.LSS •• • • : .Psigp 7 of 11 ATTACHMENT 2 to Agenda Statement Page .4 • wage or 1o) 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 use3f 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 WideningProject. Such acts shall further include without limitation, construction and Installing street improvements, driveway transitions,, restoring of parking lots, drainage structures, utiliifies, retaining walls, slopes, landscaping, restoring and replacing private improvements located in and on said easement area described in Exhibit "C" and Exhibit "D". ATTACHMENT 2 to Agenda Statement Page 5 • (rage 6 or 10) 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 alorig 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 .tote 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 refererice"and consists of approximately 2136 Sq. Feet more or less, (0.049 Acres) ATTACHMENT 2 to Agenda Statement Page 6 . Dr.hibit"C" TEWORARY CONSTRUCTION EASEMENT. APN 557-41.0-.05 THAT PORTION OF THE NORTHWEST QUARTER 0 THE WEST HALF OP LOT 2 IN QUARTER SECTION 129 OP THE RANCHO DE LA NACIONi IN THE CITY .OF NATIONAL CITY, COONIY OF SAN DIEGO, STATE OP CALIFORNIA, ACCORDING TO MAP TIMREOF NO. 166, FILED INTIM OFFICE OP ME COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 1 I., '1860, MORE PARTICULARLY .T5ESCRIBED FOLLOWS:. *BEGINNING AT AERASS DISK STAMPED CP4..ACCORDING TO RECORD OF SURVEY MAP NO. 175 I 5..FttlD IN THE OFFICE OP THE COUNTY RECORDER: ON AUGUST 2002 WHICH BEARS NORTH 81'.'46'13" FAST 805.90 FEET FROM A I3RASS bISIC STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 86°5427" WEST 144,07. FEET TO A POINT IN THE P.:ATE:FtLy LINE OF LAND PER DEED RECORDED SEPTEM/3ER 25, 2003 AS. DOCUMENT NO. 200341-82085 OF OFFICIAL RECORDS, SAID POINT' BEING THE TRUE POINT OF BEGLNNING; I. MENCE ALONG SAIb EAsTERLY LINE SOUTH 17°21'57" EAST 16.82 FEET •TO TFIE IMOINNOG OF A NOW-TANOENT 622.20-POOT-RADMS 'CURVE CONCAVE NORTREINgsttgii.,A RADIAL LINE TO SAID POINT BEARS $011111 17°02152'! EAST; 2. TRANCE LEA.VINO SAID EASTERLY LINE :iiFIESTEstir ALO/sta TEE AC or - SAID CURVE MOUGH A CENTRAL ANC OF 4°13527 &DISTANCE OP . 45:95 FEEt 1. THENCE NORTH ,49!05'05" WEST 9s4 tilET•TO isEGINNlyei .017 A • NON-TANOENT 622ao,F0OT RAM* CUM cONCA.1/2,r2. NORTHWPATEny, A RADIAL 1114E TO' Siirl?" IONT DUAItt 0tfl : trstSirr•EAst. • " . 4. THENCE WESTERLY ALONG THE ARC OF :SAID. CnizvA nigopog A CENTRAL ANGLE OF 11'4325A DISTANCE 0 18.72 FEET; - • 5. THENCE SOUTH 33001.3" .WEST 10,91 PEET TO THEBEGINNING OF A. NOWTANGENT 622:20-FOOT UMW MIRA • coNCAVE. NORTHWESIERLY, A RADIAL LINE TO SAID POW 1313ARS sopm. . 6 . Tvzsicp,94V15" fASTuinsTEny,; .1101m:114B ARt.. OF S_AXFcult' VE notaaGH, CENTRAL ANGLE OP 4°49.'39r A instAmo oP. 52.42..pW To 4. KW 114. THE iirivgligN.N11.017 LAND PBR. sArci Opt); • . • • • . . • - • ATTACHMENT 2 to Agenda Statement. Page 7 . • (Page 8 of 10) Exhibit "C" (Page 7. •ITIENCE ALONG SAID WESTERLY. LINE NORTH 17°41'47 WEST I8.44. FEET TO THE BEGINNING OF A. NON -TANGENT 612.20:11.00T RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 4°40'20 EAST; • 8, THENCELEAVING SAID WESTERLY LINE EASTMLY ALONG. THE ARC OF SAID CURVE THROUGH A CENTERAL ANGLE OP 8°49'15' A DISTANCE OF 94.24 FEET 9. THENCE. NORTH 7690'26" EAST 36.83. FEET TO THE TRUE POINT OF BEGINNING. AREA = 0.049 ACRES, MORE OR LESS • ATTACHMENT 2 to. Agenda Statement • -.Page 8 „. (Page 9 of 10) • 5 Exhibit "D" • APN 557 410.05'. 8Td6'13' E P�xP .�Lyp. S 035g':l5". E {R) PRj fANO.PER DEER REC. 9f25/03 AS DOGNO. 2003-1182085.0.R.. POR. NW 1/4 OF Wi/2Lot 2IN WARIER SEC, 12D OF RHO. aP LA NACION M.P. NO. 166 557.-41.0-05 PERlimefr AREA .. Wog Alaxt OMAR 1al57Rt .91t7N Q 4fl. ACRES U UE -PAWN( OF BEgNNWO 000f1 OF tEcuuNG C111TRQL POINT PER ROS 1'15t5• . S 1771'57" E 4.01' . 86144'27 144,07' UWTY.AND: ACCESS CP4 EASEMENT REC. 7/23/68 AS f9E N0. 124201 O.R. tCti • P.ERRq. ACQ. �i 4ND• TCE rt •. •' - Vout ea'. trot. ; k 'R;.-: 1r5f25'S.. ' MO' •• C2' • • 41v~5r 62 20'- - 05:. C4 1'4c le-, avmze .18.72' ! •''4'4Q39':: D'�..But **Ili : NATI ciF Lila D C.V. 4 . ' . rAlr:'4-t9?O " � T . . . �' 1 t9tT Dolga ATTACHMENT to Agenda $tatemen • • Page 9 w ‘rayc rV ar IV) Passed and adopted by the Council of the City of National City, California, on November 15, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: Councilmernber Zarate. AUTHENTICATED BY: RON MORRISON By Mayor of the City of National City, California City City ofational City, California erk of the Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-250 of the City of National City, California, passed and adopted by the Council of said City on November 15, 2011. By: City Clerk of the City of National City, California Deputy ATTACHMENT 2 to Agenda Statement Page 10 4- amiFogiout NOTICE OF INTENT TO AMEND PREVIOUSLY — ADOPTED RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTREST IN REAL PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure Section 1245.234) DATE: November 5, 2012 TO: Artemio and Flora O. Puedan 2124 Alexander Drive Escondido, CA 92025-6408 Antony Nash, Esq. McKenna, Long & Aldridge, LLP 600 W. 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: 1234 National City Boulevard, National City, CA 91950-6530 (819) 336-4380 Fax (619) 336-4397 engineering©nationalcityca.gov ATTACHMENT 3 to Agenda Statement (Puedan) Page 1 (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 lease 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 20, 2012, 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 a Second 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. The proposed resolution, if adopted, will approve a second amendment of a previously approved Resolutions of Necessity and an Amended Resolution of Necessity to authorize the City of National City to acquire the property by eminent domain. Descriptions of the required property interests 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 Amended Notice, you will be entitled to appear and object to the adoption of the proposed second amended 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 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 designation 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. ATTACHMENT 3 to Agenda Statement (Puedan) Page 2 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 By: Page 3 of 4 Stephen Manganiell City Engineer ATTACHMENT 3 to Agenda Statement (Puedan) Page 3 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 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°49'35" 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 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 ATTACHMENT 3 to Agenda Statement (Puedan) Page 4 EXHIBIT "B" TEMPORARY CONSTRUCITON EASEMENT APN 557-410-05 A Temporary Construction F. cement and the right to use and occupy the surface and subsurface of said easement for a period of thirty six (36) months commencing on November 16, 2011 and terminating thirty six (36) months later. The actual time to effect the construction on and use of the real property during this indeterminate period shall not exceed thirty (30) days. Use of the Temporary Construction Easement shall not start until construction begins on or at the real property. 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". Page 1 of 2 ATTACHMENT 3 to Agenda Statement (Puedan) Page 5 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 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 Facement 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) Page 2 of 2 ATTACHMENT 3 to Agenda Statement (Puedan) Page 6 EXHIBIT "C" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-05 THAT PORTION OF THE NORTHWEST QUARTER OF THE WEST HALF OF LOT 2 IN QUARTER SECTION 129 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 87°46'13" EAST 805.90 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 86°54'2T' 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 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 A DISTANCE OF 45.95 FEET; 3. THENCE NORTH 49°05'05" WEST 9.94 F3" EETTOTHE BEGINNING OF A NON - TANGENT 622.20-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 12°13'3T' 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 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 Page 1 of 1 ATTACHMENT 3 to Agenda Statement (Puedan) Page 7 Exhibit 13" - AN 657410-05.. CPS -A- S 035845":E .(R) LEGEND 11 Er46.1r E PLO 1313°. a al) I 0 42, p : VI•j•P cr gi VAAIK 0,‘ 'Z.t -°-06,. A -;-'4 • Int • EARO.PER 00 REC. 9f2JU3ASDOC.PJ� 2003:1111/00. Q.R., • POR. NW 1/4 DP W 1/2 LOT 2 IN QUARTER SEC. 129 DP RHD. DE LA NADION MAP. NO. 168 5577410-05 • 405:90' • S 1721'57' E 4.01' .9111;1S1)10ti • • • 11008 ACRES AREA 0.049. ACRES T.P.O. flax PONT or.kukand POINT OF Otwittm A witact.Parn- . pal RO$ 'Mt& , tF-irW uni6060.4:--TyARDT-ArRilicass4-17,0123-'1:pcp.o.44/3. AS. FEE NO. 114201 OR 11.716-, P.T.PERr:ACO. DE ..'*: TAR1151/10.10RWMtk . .....: •:CURVE.- -0Et.TA : .73 • '1331611. 1 t: their. 0 - . 1/41(• M 05415' "5 " 13).Or ' . O. ' 4i$52* "RAW- ' 4505' . • : "C4 _ - 113'2.5".• 5224 , 18.7t :: CS • ' - 4•4039* :5429r: 5142' 031.3E; :tem tit 4 - • OFACIEDBT APPIOEb 01t bAw4Hi—po NATIONAL PJID 0.4 £4910 atiar. 1,1 • itie;440:41/441,ElAitii.)/Q5/113. • .a!* DCC. HO: b1,1114).: ATTACHMENT 3 to Agenda Statement (Puedan) Page 8 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NOS. 2010-71 ADOPTED ON APRIL 6, 2010 AND RESOLUTION NO. 2011-250 ADOPTED ON NOVEMBER 15, 2011, 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 Council of the City of National City on November 15, 2011 adopted Resolution No. 2011-250 which amended Resolution No. 2010-71; and WHEREAS, the City now desires to effect an amendment to Resolution Nos. 2010-71 and Resolution No. 2011-250 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 Resolution No. 2012 — November 20, 2012 Page Two 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; 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 tentatively been accepted but not finalized; and WHEREAS, the City Council of the City of National City finds and determines that its Notice of Intention to Adopt this Second 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 Second Amended Resolution, this City Council did hear and consider all the evidence presented. WHEREAS, copies of Resolution Nos. 2011-250 and 2010-71 are on file with the City Clerk and are available for review. By this reference these Resolutions are hereby incorporated by reference and are hereby made a part of the administrative record. 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 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 now amended of this date 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 Resolution No. 2012 — November 20, 2012 Page Three 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 Resolution No. 2011-250, 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. BE IT FURTHER RESOLVED that the amended legal description (Temporary Construction Easement) now set forth in this Second Amended Resolution of Necessity 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 and Resolution No. 2011-250. In all other respects Resolution 2010-71 and Resolution No. 2011-250, 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 20th day of November, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: . Claudia Gacitua Silva City Attorney Ron Morrison, Mayor 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 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°49'35" 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 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 "B" TEMPORARY CONSTRUCITON 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 thirty six (36) months commencing on November 16, 2011 and terminating thirty six (36) months later. The actual time to effect the construction on and use of the real property during this indeterminate period shall not exceed thirty (30) days. Use of the Temporary Construction Easement shall not start until construction begins on or at the real property. 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". Page 1 of 2 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 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) Page 2 of 2 EXHIBIT "C" TEMPORARY CONSTRUCTION EASEMENT APN 557-410-05 THAT PORTION OF THE NORTHWEST QUARTER OF THE WEST HALF OF LOT 2 IN QUARTER SECTION 129 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS DISK STAMPED CP4 ACCORDING TO RECORD OF SURVEY MAP NO. 17515 FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2002 WHICH BEARS NORTH 87°46'13" EAST 805.90 FEET FROM A BRASS DISK STAMPED CP5 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE SOUTH 86°54'27" WEST 144.07 FEET TO A POINT IN THE EASTERLY LINE OF LAND PER DEED RECORDED SEPTEMBER 25, 2003 AS DOCUMENT NO. 2003-1182085 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID EASTERLY LINE SOUTH 17°21'57" EAST 16.82 FEET TO THE BEGINNING OF A NON -TANGENT 622.20-FOOT RADIUS CURVE CONCAVE 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°49'35" 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 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 Page 1 of 1 5 S 03564.5." E Exhibit "D" APN 557410-05 07•4613. E oitk 813° BP5v O4•4161. E t • I'M b.- • (4‘ eA • ep-31: r •-• ynt . • LAND.ffit BM REC. 9/25/O3 is Dpc..No.. 20331112045 CUL. RCA. NW 1/4 OF W 1/2 LOT 2 IN QUARTER SEC: 129 OF RHO.. DE LA NAGION MAP. NO. 165 557-410--05 S 1721'5r E • 4.0F .3 71P. Pa*MaiT gaiRSINON AMES N\JL_, =Yektrk" AREA OAR ACRES • T.P.O.O. me pow or•eisimg ?.Os; kik OF 6EGRI1NG • A COIROL Patti PER. ROS 0515 Roaka • - WN BY: K.A DAIL .4-1.6-90 - ex: U. tE;.1:t2-.44' APP0105 s tr5.4:Ify ' 144,01-1:ari AND: iCaSS CP4 EASEIBIT REC. 7/23/68 41.5 FtE N. fmoi • T.P.O.B: CR It. ACO. -^: AND TCX • --.,-)-Abucagaiii4.-*-Ii! .„-..- •:CURYE".-..0EL : is -tEpti. imair .61 . 9444' ck. 13"se - "5 . 13).or " riatr li- ' • : 04. - 13310! .0,9.7(t . . 111.72 :: CS • ' .-' 4-4939* :.1240' : 5242' CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT '"ETING DATE: November 20, 2012 AGENDA ITEM NO. 21 ITEM TITLE: TEMPORARY USE PERMIT — North Star Gas LTD Company requesting an extension to operate a temporary transfer site at 1939 Tidelands Avenue from December 8, 2012 to December 8, 2013 with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neigd, ervices Division APPROVED BY: This is a request from North Star Gas Ltd. Company to extend the TUP and continue to conduct a temporary operation in which North Star will receive railroad cars in the BNSF railroad property designated for liquid propane gas rail -to -truck trans load. The railcars will be connected with industry standard equipment to tanker trucks and discharged into the trucks. Daily site inspection and cleaning will be performed by site staff. The facility will have fencing and gates to restrict access and secure the site. Please see attached status update and technical overview of North Star Gas LTD phased development. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP. Total Fees are $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions and requirements of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A TTACHMENTS: , pplication for a Temporary Use Permit with recommended approvals / conditions and requirements of approval. North Star Gas Ltd. Status Update — November 13, 2012 • • • CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: North Star Gas Ltd Co. EVENT: North Star Gas Temporary Operation DATE OF EVENT: December 8, 2012 thru December 8, 2013 TIME OF EVENT: 8 am to 8 pm daily APPROVALS. DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 ENGINEERING: The applicant is to submit, pay required fees and have reviewed and approved a plan for water quality Best Management Practices (BMP's) that will be implemented at the site. Building Division has no comments. PLANNING: No comments. RISK MANAGER (619) 336-4370 Insurance information reviewed and no further requirements are needed at this time. PUBLIC WORKS (619)366-4580 Public Works has no involvement. FINANCE North Star Gas LTD has a current business license with National City. License # 86153. Finance: Approved. No Stipulations FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Project to be in compliance with the current editions of NFPA, CFC, title 19 California Code of Regulations and local City of National City Municipal Codes 2) Fire Department requirements are to be designed, fabricated and installed to code 4) Site shall be required to have a temporary water supply which shall include a tanker, fire pump and monitors, capable of providing cooling measures to all tanks in case of fire. This system shall be part of an engineered analysis to include calculations, cut sheets and required gallons per minute needed for largest amount of product on site (180,000). The required engineered system shall provide water coverage to all tanks stored on site awaiting transfer for 30 minutes. The system shall be designed, fabricated, installed and tested to code. 5) Twenty four (24) hour security shall be required while tanks are being stored and off loaded in tanker trucks. 6) In lieu of an approved fire alarm system, on site security management shall have the ability to immediately deploy the emergency water supply and initiate the alarm to workers and dial 911. 7) All contractors shall possess a National City New Business License prior to Fire Department plan submittal. A copy of the New Business License will be required at time of plan submittal 8) Should any plan corrections be required, contractor must correct the plan and re- submit to the Fire Department for approval prior to installation 9) Once plans are approved, contact will be made with the contractor. Contractor will be required to retrieve the approved plan from the National City Fire Department. The contractor will be required to sign for the permit and pick up the approved plans. Work may not commence prior to plan pick-up 10) A rough inspection of all work is required prior to closure. All rough work shall be visible at time of inspection 11) A request for an inspection shall be made 48 hours in advance. Inspection shall be made once work is complete utilizing approved and stamped plans. Contractor shall be required to have the approved plans on site per code 12) All emergency/hazardous signage shall be required to meet code. See the National City Fire Department for requirements as well as NFPA 58 13) Special fire fighting appliances that may be required for this type of product shall be furnished by North Star Gas to the National City Fire Department • • • • • • 14) Special training shall be provided to the National City Fire Department on the proper techniques of fighting propane fires. This training shall be kept current and progressive, complying with all code requirement guidelines. All special firefighting appliances supplied, shall remain current meeting current state standards for firefighting applications 15) Site distance from surrounding businesses shall meet the current editions of the California Fire Code, National Fire Protection Association and California Code of Regulations Title 19. An analysis of the surrounding businesses in the immediate area shall be evaluated for fire code distance requirements, and shall be furnished to the National City Fire Department for review Please contact the National City Planning Department for site distance allowances of other surrounding structures 16) The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all weathered road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet 17) Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway 18) Fire access roads in excess of 150 feet to furthest end of property from a public street, shall be provided with width and turnaround provisions 19) Fire hydrants to be located throughout the project as not to have a separation distance greater than 400 feet. Fire hydrants to be located within 400 feet of all locations which are roadway accessible. (Measurement starts from nearest existing fire hydrant to project) 20) The following items pertain to fire hydrants: a) Size and location, including size and number of outlets and whether outlets are to be equipped with independent gate valves. b) Fire hydrant to be of three outlet design 21) Provide calculation confirming flow availability to meet fire flow demands and supply large diameter hose (4 inch) 22) Fire hydrants to be marked by use of blue reflective marker in the roadway 23) If entrance/exit gates are used, gates shall be equipped with Knox Box and Emergency Strobes so as to provide emergency vehicle access and egress. A Knox Key Switch shall be required in conjunction with strobe for emergency access. Emergency strobe shall be placed at front of property. Supplied electrical for these types of fire appliances are required by the National City Building Department through permit Please contact the National City Fire and Building Department for direction 24) During possible construction, project shall strictly following Chapter 14 of the CFC edition "Fire Safety During Construction Alteration or Demolition of a Building". This requirement shall also be followed during move- in of equipment 25) A schedule of transfer dates shall be directly emailed to the National City Fire Marshal on a daily basis. The list shall be a comprehensive schedule providing dates and times of transfer. This list shall also include quantity of product entering and leaving the City of National City 26) An emergency plan shall be created to meet code. This plan shall be submitted to the National City Fire Department for approval. Emergency plan shall be kept current and shall adapt to changes in field operations as well as fire codes and ordinances 27) Wind direction is of major concern. Our traditional wind direction comes one lighting push toxic elements directly towards the freeway, schools, hotels and restaurants 28) A general 1st alarm would be the requirement for an incident at this site. Presently, the National City Fire Department does not meet this criterion, and would require a third engine and 2nd Battalion Chief through mutual aid from surrounding cities to complete a first alarm mutual aid assignment 29) The County Hazardous Material and HIRT Teams would be required 30) Contact with Barby Tipton with National City Engineering shall be required for storm water requirements 31) Secondary containment which may be necessary, shall meet current industry standards/BMP's as well as approval from the Engineering Department (Barby Tipton) 32) All electrical and mechanical devices shall meet the current editions of the Fire Code for use in hazardous/flammable environments. Please see the National City Building Official for code requirements on installed electrical items requiring permit 33) Street address shall be visible from the street, 8" inches in height, and in contrasting color to the structure. Please contact the National City Building Department for required address. This property shall be addressed for emergency response purposes 34) The TUP generally mentions the use of a mobile office. How does North Star propose lighting for after hour operations, class one division one lighting, electrical, heat, HVAC etc.? If any of these are proposed and will be used on site, please contact the Building Official for direction • • • 35) Has the Military been contacted if necessary 36) All documents supplied, shall meet the current editions of the CFC, NFPA DOT, CCR Title 19 and all other applicable codes and National City local ordinances. Note: Additional comments may be required based on additional information provided due to the above comments. Final approval contingent upon final field inspection and compliance with all applicable codes and ordinances. Note: Additional comments may be required based on additional information provided due to the above comments. Final approval contingent upon final field inspection and compliance with all applicable codes and ordinances. COMMUNITY SERVICES No comments/stipulations from Community Services POLICE The PD has no stipulations or conditions CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. Applicant is required to enter an MOU with the City prior to issuance of a TUP, to address impacts identified by the City and the costs to ameliorate such impacts. i • • • PROJECT TATU PDAT 1. NSG, with'National City's support, implemented a temporary Propane trans -load terminal that averted a Propane .delivery crisis in Baja California Norte in the Winter of 2012. 2. Facility operation was temporarily suspended .in second .quarter of 2012 and is planned to resume in the fourth quarter of 2012. 3. NSG is working with National City Staff to:develop Phase II: A fixed transfer facility and a National City .point of sale. 4. Market changes delayed the <project in 2012 and caused- NSG to reconfigure theproject to ensure its economic viability. 5. NSG is now acquiring property, designingand permitting the Phase • 11 facility and now requests City permission to continue the Temporary operation, as Phase 11 is•developed in 2013. 6. Benefits to National City include the per truck user fee on export product, sales tax revenue on domestic sales and employment. PROJECT STATUS UPDATE: Previous Operation 1. Previous TUP NSG is presently operating on a TUP approved in 2011 that expires on December 8th, 2012. 2. The present TUP request has been submitted to allow continued operation of the temporary facility while the Phase II, permanent facility is permitted and constructed in 2013. 3. NSG met all City Council and Staff TUP requirements and will continue to do so. Close attention and extensive cooperation with the Fire Department led to implementation of safety measures and training beyond Federal and State requirements. 4. No incidents or complaints were experienced during the operation. PROJECT STATUS UPDATE: Present TUP Request 1. NSG requests a TUP to operate from December 9th 2012 through December 8th 2013, or until the Phase II facility is operational; whichever comes first. 2. NSG has committed to the following Actions: 1. Establish Corporate Sales office in National City to ensure point of sale benefit to the City. 2. Proceed with immediate development of the Phase II facility design and permitting in order to complete the Development Agreement in process with the City. 3. Proceed with construction of the fixed terminal when permitted. 4. Through affiliates, NSG will work with the railroad to develop other transportation and distribution services in National City. PROJECT STATUS UPDATE: Benefits to National City Local Employment: 5 to 8 management, administrative and sales positions 8 to 12 terminal operations positions 20 to 30 truck driver positions (independent of local operations) 2. Projected Sales: Annual Local Propane Sales: $ 8.4 Million at 24 to 36 months Impact Fees: $20,000 per year 3. Additional Operations: New Transload Company for other projects Occupy vacant real estate on Haffley Ave. 20 Employees within 24 months. North Star Gas Ltd. sincerely appreciates the opportunity to do business with and in National City. We have foundthe City's Staff to be very proactive and responsible in promoting the development of our new business. We appreciate the understanding and support of the Mayor and City Council for our previous endeavor and hope that we have adequately demonstrated our commitment and desire to meet our goal of becoming a valued member of your community. We thank you for your consideration and support and are at your service to clarify any questions that you may have. Respectfully, Donald Smith, President, North Star Gas, Ltd. Co. Type of Event: _ Public Concert _ Fair _ Festival Community vent _ Parade Demonstration Circus Block Party Motion Picture _ Grand Opening XX Other Industry Temp. Operation Event Title: LPG Transload Fadlity Temporary Operation Event Location: 1939 Tidelands Ave, National City, CA 91950 Event Date(s): From 12/08/2012 to 12/08✓2013 Actual Event Hours: 8:00 am am/pm to 8:00 am am/pm Total Anticipated Attendance: 10 Employees (0 Participants o Spectators) Setup/assembly/construction Date: N/A Start time: N/A Please describe the scope of your setup/assembly work (specific details): All setup and assembly for this TUP Is already completed per the terms of a previous TUP in effect until Dec. 8ih, 2012. Dismantle Date: N/A completion Time: N/A am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: North Star Gas Ltd co Chief Officer of Organization (Name) Don Smith Applicant (Name): Brandon Woodward Address: 2279 Avenida Costa Este, San Diego, CA 92154 Daytime Phone: (619) 710 1415 Evening Phone: () 387-8291 Fax: (619 710-1436 E-Mail: BWoodward@NorthStarGasLtd.Com Contact Person "on site" day of the event: Brandon Woodward Cellular4°4487.8291 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS • Is your organization a'Tax Exempt, nonprofit" organization? — YES x NO Are admission, entry, vendor or participant fees required? IfnYAES, please explain the purpose and provide amount(s): YES x NO $ N/A Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ N/A Estimated Expenses for this event. $ N/A What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? • Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. North Star Gas win continue to operate a liquid propene gas mil -to -much transload facility for a period of twelve (12) months under this TUP, while establishing a permanent facility per the terms of a Development Agreement and CUP in process with National City. North Star Gas will continue to pay impact fees to National City to cover the costs of repairing wear and damages to the City's streets. The facility may at tines operate 24hours. Transload trailers inspected and certified by Cal/OSHA's Pressure Vessel Unil will be used during operation. _ YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? IIfNNO, list any additional dealers involved in the sale: • ti 1ft YES X NO Does the event involve the sale or use of alcoholic beverages? YES X NO Will Items or services be sold at the event? If yes, please describe: x YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES x NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES X NO Will the event involve the use of the city or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic end Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: _ GAS _ELECTRIC CHARCOAL _ OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: 1 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables # and Chairs # Fencing, barriers and/or banades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be retumed to a clean condition.) Number of trash cans: 1 Trash containers with lids: 1 Describe your plan for clean-up and removal of waste and garbage during and after the event: Day to day operations will produce a minimal amount of garbage which will regularly be disposed of in an onsite dumpster. • • Please describe your procedures for both Crowd Control and Internal Security: lion. No crowds will be presnL 24 hour Security will be provided by employees on -site at all times during opera Closed circuit cameras are installed onsite as well as an additional security measure. _ YES x NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: X YES Security Organization: N/A Security Organization Address: NIA Security Director (Name): N/A Phone: N/A _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Night Operations may take place as needed. Pemranent flood light towers are in place at the facility. Transload trailers also have lighting capabilities. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. All employees are trained per an emergency safety plan. First Aid cabinets and emergency numbers are posted on or in all transloaders, the main gate and the portable office. Please describe your Accessibility Plan for access at your event by individuals with disabilities: This is a dosed access Hazmat facility which is exempt from ADA requirements for personnel safety reasons. Please provide a detailed descdotion of your PARKING plan: Parking or employees is located within the property. If additional employee parking is needed, employees will be instructed to park off-street elsewhere. All empty trucks will always be staged on railroad property off street. Please describe your plan for DISABLED PARKING: This is a closed access Hazmat facility and no disabled parking is required by ADA for such an operation do to safety reslriclons. Please describe your plans to notify all residents, businesses and churches Impacted by the event: No businesses, residents or churches should be impacted by the fadtitys daily operations. NOTE: Neighborhood residents must be notified 72 hours in advance when events ere scheduled In the City parks. • • • - YES X NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: NIA Number of Bands: N/A Type of Music: N/A _ YES X NO Will sound amplification be used? If YES, please indicate: Start time: N/A am/pm Finish Time N/A am/pm YES X NO Will sound checks be conducted prior to the event? If YES, please Indicate: Start time: WA am/pm Finish Time WA am/pm Please describe the sound equipment that will be used for your event _ YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: NIA YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: N/A Revised 02/29/12 • • • City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization North Star Gas Ltd Co Person in Charge of Activity Brandon Woodward Address 2279 Avenida Costa Este, San Diego, CA 92154 Telephone 619-710-1415 Dates) of Use 12/08/2012-12/08/2013 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. ure • - . • icant (Ada!'fj(le Date 04-4/4t, /Fa Office Use Only Certificate of Insurance Approved Date 11.2012 • DWILLIAMS rDATE (MIA DDIMYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. B SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on thla certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCEa License # CA 0620650 NOtchell Blank & Associates Insurance Services T68 University Avenue Sacramento, CA 95825 ACORD" NORTSTA-01 `...- CERTIFICATE OF LIABILITY INSURANCE INSURED North Star Gas, LTD 2342 Forest Meadow Chula Vista, CA 91915 COVERAGES Buie Debbie Williams PHONE (916)993.4870 e H:rc,Not:,816) 993 48T7 ADDREsa: dwiIliamstgmbain$urancegroup.com emits/Inn AFFORDING COVERAGE NM* INSURER A :Arch Insurance Company mums a: Hallmark American Insurance Company INSURER c :State Compensation insurance Fund INSURER u: Chubb Custom insurance Co. INSURER E: INSURER F: CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED PBFY PAID CLAIMS. ADO. WNW L1RR TYPE OF INSURANCE teR 'BIER V D ff POUCY NUMBER IUWDDIYYY)(11111DDISYYT UNITS GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILIY CLAIMS -MADE I X 1 OCCUR GENL AGGREGATE LIMIT APPUES PER: X, POLICY 1 �IP.ER.CT 7 LOC AUTOMOBILE LIABILITY A ANY AUTO — ALL OWNED _ AUTOS X HIRED AUTOS X AUTOSULED NON -OWNED AUTOS f., UMBRELLA LIAR EXCESS LAB DED )..S1OCCUR CLAIMS -MADE RETENTION$ VAR/UM COMPENSATION AND EMPLOYERS' LH IMIJYY ANY PROPRIETORIPARTNERA:XECIITIVE I Y� OFFICERIMEMBER EXCLUDED? INanddory In NH) Dyes, daunt* under DESCRIPTION OF OPERATIONS bebw Pollution Pollution X FBCAT0177101 6/29/2012 6/29/2013 EACH OCCURRENCE $ 1,000,000 DAMAGE PREMISESS((Ea To tops r,cs) $ 100,000 MIA ESP (Any one person) $ PERSONALS ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMF/OP AGO S 2,000006 $ 5,000 :FBCAT0177101 j 6/29/2012 6/29/2013 QDMaa SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY (DMMGE $ $ NIA 66HX12196E 1902254012 37313673 37313873 6/29/2012 8/31/2012 9/29/2012 9/29/2012 6/29/2013 EACH OCCURRENCE 4,000,000 AGGREGATE 4,000,000 X WC STATU- TORY LIMITS B13112013 E.L EACH ACCIDENT OTH- ER E.L. DISEASE - EA EWLOYEE E.L. DISEASE - POLICY LIMO' 9/29/2013 $25K Ded/ Occ Limit 9/29/2013 Aggregate Limit $ $ 1,000, 3 1,000, $ 1.000,0k 2,000,000, 4,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (AUsdn ACORD 1D1, Adl aner Ramada Schadul, a mon specs Is regWrad) National CNNyy, their officiate, employees, agents and volunteers are additional insured as respect general liability per GL0006 end additional insured as respect automobile liability per FAIC.SKLBUS-AUE, forms attached. CERTIFICATE HOLDER National City - City Hall 1243 National City Blvd. National City, CA 91960 CANCELLATION ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE pas.— Gi f-A 01968.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PbNcy Number FBCATO1 77101 ENDORSEMENT ARCH INSURANCE COMPANY Named Insured NORTH STAR GAS, LTD AgentName FREBERG ENVIRONMENTAL INSURANCE, INC BLANKET ADDITIONAL INSURED EISASTRENT THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM OFT THEE COVERAGE FORMRAGE PPLYROVIDED BY THIS UNLESS MODIFIEDEBYOTHE ENDORSEMENT. THE OVISIONS RSEMENT THIS ENDORSEMENT IS EFFECTIVE ON THE INCEPTION DATE OF THE POLICY UNLESS ANOTHER DATE IS INDICATED BELOW. SECTION II — LIABILITY COVERAGE, 1. WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN "INSURED" ANY PERSON, ORGANIZATION, TRUSTEE, ESTATE OR GOVERNMENTAL ENTITY TO WHOM OR TO WHICH THE NAMED INSURED HAS CONSENTED, BY VIRTUE OF A WRITTEN AGREEMENT OR BY THE ISSUANCE OR EXISTENCE OF A PERMIT TO PROVIDE INSURANCE SUCH AS IS AFFORDED BY THIS POLICY, BUT ONLY WITH RESPECT TO THEIR LEGAL LIABILITY FOR ACTS OR OMISSIONS OF A PERSON FOR WHOM LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY. YOU ARE AUTHORIZED TO ACT FOR THE ADDITIONAL INSURED NAMED IN THE SCHEDULE IN ALL MATTERS PERTAINING TO THIS INSURANCE. Effective Date: 0 6 — 2 9 —12 12:01 A.M., Standard Time Agent No. FRO 01 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED FAIC-SKLBUS-AUE (06/01) Nam® Cow North Star Gas - National City site ilill • Subject: North Star Gas - National City site From: "David, Hasti" <Hasti.Javid@sdcounty.ca.gov> Date: 5/11/2012 6:46 PM To: "bwoodward@ northstargasltd.com" <bwoodward@northstargasltd.com> CC: "Martinez, Danny" <Danny.Martinez@sdcounty.ca.gov>, "Wirschem, Leon" <Leon.Wirschem@sdcounty.ca.gov> Hi, Brandon. In regards to North Star Gas located at 1939 Tidelands Ave in National City, you are exempt from the disclosure requirements listed in Chapter 6.95, Article 1 of the Health & Safety Code (HSC). The following HSC section is what kicks you out of obtaining a Unified Program Facility (UPF) Permit with my office, the Hazardous Materials Division (HMD): 25503.7. (a) When any hazardous material contained in any rail car, rail tank car, rail freight container, marine vessel, or marine freight container remains within the same railroad facility, marine facility, or business facility for more than 30 days, or a business knows or has reason to know that any rail car, rail tank car, rail freight container, marine vessel, or marine freight container containing any hazardous material will remain at the same railroad facility, marine facility, or business facility for more than 30 days, the hazardous material is deemed stored at that location for purposes of this chapter and subject to the requirements of this chapter. (b) Subdivision (a) does not apply to a marine vessel while under construction, repair, modernization, or retrofitting while located in a ship repair facility. (c) Notwithstanding Section 25510, a business handling hazardous materials which are stored in a manner subject to subdivision (a) shall immediately notify the administering agency whenever a hazardous material is stored in a rail car, rail tank car, rail freight container, marine vessel, or marine freight container. The abovementioned HSC section refers to individual rail cars. In other words, since your facility will not keep an individual rail car (with propane) onsite for more than 30 days, you are exempt from our permitting requirements. However, your facility will still need to comply with the Department of Transportation (DOT) requirements set forth in Title 49 of the Code of Federal Regulations (CFR). Rule of thumb for UPF Permits for your type of facility: >30 days for individual rail cars = storage of hazardous materials = disclosure required per Ch. 6.95, Article 1 of the HSC = UPF Permit required In regards to CaIARP, since the rail cars do not meet the definition of a "stationary source," your facility does not qualify as a CaIARP site. Since propane is considered one of the most dangerous rail -carried Hazmat, I strongly recommend that you invite our Hazardous Incident Response Team (HIRT) to your facility for a tour as well as offering local DOT training to include a propane rail car dome prop. • HIRT Contact Info: Brad Long 1 of 2 11/7/2012 1:16 PM North Star Gas - National City site • • • Brad Lono�sdcountv.ca�ov the HIRT. Please cc me on the email if you do end up contacting w 858-5056852 c 619-778-4917 at 139 ty will be The UPF Permit#216 of this email will be put1 assigned to North Starto file with Gas locatethe insTidelands pectionreport Iissued you on'5/9/1 . Please inactivated and a copyy keep a copy of this email for your records as well. NOTE: the abovementioned information pertains to your current business activities. If your business activities change then you may be subject to our permitting requirements. Feel free to contact me if you have any questions. Hasti Javid, REHS County of San Diego Dept of Environmental Health Hazardous Materials Division/CUPA Hasti.Javid@sdcounty.ca.gov (0) 858-505-6865 (C) 619-847-0242 (F) 858-694-3705 2 of2 11/7/20121:16 PM OF SAN DIEGO PAGE t OF DATE •:-' / ..'; / ;....-. COUNTY PERMIT# .7 i,i.,f ,c; . BUS. CODE V- I - iiiii,-)41 COMPLIANCE INSPECTION REPORT TIME START ;. ! • ''-' END '- -:- .- SPECIALIST ',1,.:.=')-_,/,. .;- :.. ',- r-,, ; 4111/ACILITY NAME i•,. c :-.; ), ; II .. ',..-; -,; -- . ; t. ". is, :'.1-. INSPECTION CONTACT . • '',.... lt. .'"Ii E; 04 ( ) .. •.'''' i'; (I, A . ADDRESS ','-:: ....;'-',;",: -,, '.::: 'f.i, - • 1 • _ TITLE ',-,t •,:',t, 1 i , k i - .---'' •.. PHONE(' ) CITY/ZIP . • On the above date. the County inspected your facility tinder the authority ofthe Ca lifomia Health and Safety Code (H&SC),to determine compliance with applicable provisions of the H&SC, the Cal ifomia Code of Regulations (eCR), and the San Diego County Code of Regulatory Ordinances (SDCC). This report serves as a Notice to Comply (H&SC 25187.8 & 25404.1.2) for any minor violations as defined in H&SC 25404 and 25117.6. This report may contain both minor and more significant (Class 11) violations. Minor violations do not include repeat violations or violations remaining uncorrected for more than 30 days (or as specified below). Minor violations do nol include knowing, willful, intentional, or chronic violations; nor do they include violations showing a pattern of neglect or disregard. The remarks below are intended to provide guidance to correct any violations indicated on the attached violation report. You must submit a written response to this report within .30 days (or as specified below) demonstrating that all violations have been corrected or include a written notice of disagreement that clearly states the reason for any disputed violations. Prompt correction can protect you from penalties for a "minor violation". Penalties can be imposed for each day in violation for all other violations even if they are corrected promptly. However, correction within 30 days (or as specified below) will make a penalty less likely. Y. N/ANOTE: Reinspection fees will be charged if additional inspections are required to determine cOmpliadve. 0 • Unified Program Facility Permit current V ,N/A* Permit Expires on: t X , C ( &.) 43. • Hazardous Materials Business Plan available s Os 0 • Employee training is adequate • ' . 0 AO Waste disposal records available for review • • • Emergency contacts current 0 Updated today • 0 0 Chemical inventory/map current • Updated today 0 121., \,..i Consent to inspect granted by..Li Inspection Contact 0 Other: Contingency Plan available • LQG • SQG Employee training records available .. , Universal waste managed properly Waste containers • closed 0 labeled Waste containers in good condition — 1%.1 LL. • \ ',•-•: , ''----.'- 1p 11111\10( A. 1 1 'i _t--''J i •:-. 1: 1.' 1 r -;:i t. ' j II, -(1 ( ' cl ''...: ..;.....lit- 110 2' : r I 1.; 1-:- ; .'i ' i.--i • i „ , ----• - •- ,'C •(.:11/4.: ,,' tr-r 1 'Cc._ 16, (14.sf.. t. -i': i 4_1‘ 1 ; ! ; ':-..t i ' ' 6' ' ''''' it • , ,. . ,. • , 1 •.;„( -i-- ------,-'illi.:(A--a(\vi"7etL,• '!, I'- ',.(•- 1. 1, ) im.-I r 1..; ' .--r • ,• I •-' .•',- • --_,1t;..; ..). !. - i)t;.-"•%‘ ) ._ I r\i!', ,,,,( 1 (1,1 i • : 7-.; ( ATry--•-i virl-( 1c dr .... •• • ,.. ' t_1.:•1".•.•--: 1,-; (...• v CC 3-1-1L,n 0..I t-__,,- :..rk' I I I, 1. 1 ' ' ...% It V''' ' ''' , ,,,I, \ .; _, (_ET' ' ---...), . „f )01:I, it , r 1 IA I ; , -I-,,, ' , i k t .-4. ,-,--- i .01.:...: :, lc _ .4 .4 „ .....4,„.. 1 1......„44t. .._„ ' . I. ", ''' .'() 1--,1":- ,-... --' .., -t',,•,---, ,t.,;,,,:y4-, t 14-.td, I.c-, ,--.,'.., " :(,( j • - • .— / , t . t =,• L. (irrlIN ''''' ' I I rl, ' -:'' ::4, i 1 7 . --- ' ' 1 " t ( A:1 a li :1 : 1 - t ' r -1 . i ,.. t---• .. . , , -. i • - . . v, .!1-1, t_.4 CA , t• - . i if C ( % --.:. ! 0 il 1 0 R ‘.:' •-'21 lc .-, it 4c I ;)fi i---T 1(;-":.'(!..: • , 0 ,;(j - 0 This is an annual certification that the Hazardous Materials Business Plan (inventory & site map emergency contacts, emergency response plan, and employee (raining plan) is current and includes all the' information required in the H&SC and is maintained at the site where hazardous materials are stored. Initials of Facility Representative ?NM NANI1.01- FACILITY REPRESENTATIVF , DATE SIGNED - SIcATtI. Of rm.!! rry•gri,iti smrArivr. . Itn.r ot. FACIHTY REPPESENTA I IVF. -,` Department of Environmental Health, Hazardous Materials Division, P.O. Box 129261. San Diego, CA 92112-9261 Phone: (858) 505-6880 http://wwu.stlecleh.org HM-924 (03 I I) NCR .(Y- Yes: N.A - Not Applicable) DISTRIBUTION: WIU 3 E-HMD COPY; YELLOW -FACILITY COPY `y w tiff\ L- BILI TO: State of California DOSH, Pressure Vessel Unit 1515 Clay Street, Suite 1 302 Oakland, CA 94612.1499 RETURN SERVICE REQUESTED DAVID BEILACQUA NORTH STAR GAS LTD. CO. 2279 AVENIDA COSTA ESTE SAN DIEGO CA 92154-6237 [WAR I MINT Or INDUSTRIAL RELATIONS DIVISION OF OCCUPATIONAL SRE SAFFETY TT AND 1 IFAL1H Phone 15101 422-3I15 2 / Fax iS11n ti 22. 4063 OWNER/USER: NORTH STAR GAS LTD. CO. 2279 AVENIDA COSTA ESTE SAN DIEGO CA 92154 LOCATION: TRANSFER STATION STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF OCCUPATIONAL SAFETY & HEALTH PRESSURE VESSEL UNIT 1515 Clay Seeel, Suite 1302 Oakland. CA 94612 Krone 1510, 622.3052 / Fax I5101622-3063 Permit to Operate Air Pressure Tank STATE SERIAL NO. A012623-11 BILL. TO: DAVID BEILACQUA NORTH STAR GAS LTD. CO. 2279 AVENIDA COSTA ESTE SAN DIEGO CA 92154-6237 N.B.#/SER.0 5E194261 OWNER/USER: NORTH STAR GAS LTD. CO. 2279 AVENIDA COSTA ESTE SAN DIEGO CA 92154 LOCATION: TRANSFER STATION This Permit to Operate shall be kepi conspicuously posted under glass on or near the tank or at a convenient location near the tank and shall be made available to any authorized person(s). Labor Code Section 7680 Date of Inspection: 11/29/2011 This Permit Expires: 11/27/2016 This is to certify that the ahnve described tank has been inspected, or caused to be inspected, by the Division of Occupational Safety & Health and may be operated al a pressure not to exceed 200 pounds per square inch. Inspected By: JOE MARA Employed By: State of California State of California DOSH, Pressure Vessel Unit 1515 Clay Street, Suite 1302 Oakland, CA 94612-1499 RETURN SERVICE REQUESTED BILL TO: NORTH STAR GAS LTD 2279 AVENIDA COSTA ESTE SAN DIEGO CA 92154-6237 DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF OCCUPATIONAL SAFETY AND HEALTH PRESSURE VESSEL UNIT Phone 1510) 622-3052 / Fax (510) 622.3063 OWNER/USER: NORTH STAR GAS LTD 1939 TIDELAND AVE. NATIONAL CITY CA 91950 LOCATION: 02 TRANSLOADER STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF OCCUPATIONAL SAFETY & HEALTH PRESSURE VESSEL UNIT 1515 Clay Street Suite 1302 Oakland, CA 94612 Phone (510) 622.3052 / Fax (510) 622.3063 Permit to Operate Air Pressure Tank BILL TO: NORTH STAR GAS LTD 2279 AVENIDA COSTA ESTE SAN DIEGO CA 92154-6237 STATE SERIAL NO. A012501-12 N.B.t/SER.t SF194253 OWNER/USER: NORTH STAR GAS LTD 1939 TIDELAND AVE. NATIONAL CITY CA 91950 LOCATION: #2 TRANSLOADER This Permit to Operate shall be kept conspicuously posted under glass on or near the tank or at a convenient location near the tank and shall be made available to any authorized person(s). Labor Code Section 7680 Date of Inspection: 01/05/2012 This Permit Expires: 01/03/2017 This is to certify that the above described tank has been inspected, or caused to be inspected, by the Division of Occupational Safely & Health and may be operated at a pressure not to exceed 200 pounds per square inch. Inspected By: JOE MARA Employed By: State of California SIBLE FIBERS i1 JRUE 90CUCHECK'",VJATiRKO�VINATIONALNCi 1 ' IBLE MBOT TY 86153 C BUSINESS LICENSE CERTIFICATETED URSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & P RPOoE STAiation: 12l31l$012 Date BUS DESCRIPTION WHOLESALE PROPANE ��`FOR "�" CITYNAL BUSINESS ADDRESS 2101 TIDELANDS AVE„K� Duct/ iNCORPOAATED BUSINESS NAME ATTN: MAILING ADDRESS NON TRANSFERABLE HIS' OCUMEIi WALTERATION'PROTECTED AND REFLECTS FLUOR ESCENT FIBERS UNDER UV LIGHT City Manager • • NORTH STAR GAS LTD 2279 AVENIDA COSTA ESTE SAN DIEGO, CA 92154-6237 POST IN A CONSPICUOUS PLACE KEEP R YOUR RECORDS ND BUSESS TAX RECEIPT License No. 86153 GR1 $50AL TOTAL S50.00 ...............................' -,~.-.......^..--^._^—~_-_.~~~--_-----..,—~.`-~^_ ................. r^-- ......______,_~.___~~~.., /------------ ------~~'"�,mu . .' � �� _ �--� . ~----.—----_--- . � �.-------`��--' 1939 TIDELANE)S AVENUE J�Electrical Box Fire Hydrant 0 Ponaulemowt North Star Gas Ltd. Co 2279 Avenida Costa Este San Diego, CA 92154 Mr. Armando Vergara 1243 National City Boulevard National City, CA. 91950-4301 (619) 336-4250 Re: North Star Gas Ltd. TUP Application November 7, 2012 Dear Mr. Vergara, North Star Gas Ltd. Co. sincerely appreciates the initiative and assistance that we have received from National City to establish our operations here. As we have previously discussed with yourself and City Staff, we are now developing our Phase II, or fixed facility, as we presented last year. Due to changes to the project and delays in negotiations of the property required for the development, we are approximately six months behind our development schedule. For this reason we have prepared this request for renovation or extension of the TUP previously granted for 12 months. We would like to continue to operate the temporary facility, meeting all the previously required stipulations, while the permitting and construction of the fixed facility progresses. To this end, we have prepared an annex to the attached TUP request, that includes documentation of NSG's continued compliance with the original TUP's stipulations. We will meet these and additional stipulations as National City requires. We also include a presentation of the progress of the fixed facility, demonstrating our commitment to meeting our common goal of relocating our sales office to National City along with the long-term, fixed facility operation. We are available for any consultation or other need that you have with respect to this presentation and welcome the opportunity to meet with and explain this project and our intentions to whomever you feel appropriate. Thank you and regards, arGas NOS Brandon Woodward Administrative Manager Cc: Leslie Deese, Frank Parra, Robert Hernandez, Martin Reeder Donald Smith, President, North Star Gas, Ltd. North Star Gas Ltd. Co Proprietary and Confidential Page 1 NOTICE On September 19, 2012, Governor Brown signed into law Senate Bill 1186 which adds a state fee of $1.00 on any applicant for a local business license or renewal. Effective January 1, 2013 this fee will be required from all new business licenses or renewals. The purpose of the fee is to provide a funding source for increased disability access and compliance with construction -related accessibility requirements and to develop educational resources for businesses in order to facilitate compliance with the federal and state disability laws. Under federal and state law, compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies: The Division of the State Architect at www.dgs.ca.gov/dsa/Horne.aspx - The Department of Rehabilitation at www.rehab.cahwnet.gov — The California Commission on Disability Access at www.ccda.ca.gov _ CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2012 AGENDA ITEM NO. 1 3 ITEM TITLE: Staff report: Draft letter welcoming and encouraging new residents to participate in city government PREPARED BY: Alfredo Ybarra DEPARTMENT: Housin and Grants PHONE: 619 336-42791 APPROVED B • EXPLANATION: During the October 30, 2012 City Council Meeting, Council Member Natividad suggested that we should consider encouraging new National City residents to participate in local government. Attached is a draft letter welcoming new National City residents and encouraging them to participate in city government, programs, events, and business. FINANCIAL STATEMENT: ACCOUNT NO. IN/py ENVIRONMENTAL REVIEW: N/AN ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Nona BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: _etter welcoming and encouraging residents to participate in city government DRAFT Dear National City Resident: On behalf of the City Council, we welcome you to National City. We are the City "In the Center of It All" and are so pleased to have you join us as part of our vibrant and diverse community of over 59,000 residents. We extend an invitation for you to participate in the many leisure opportunities and community events held throughout the City. There are several community parks, senior centers, and recreation centers where various social, recreational, civic, health, fitness, educational, and cultural programs take place. Our recreational facilities and programs offer swimming, exercise, sports leagues, gymnasiums, senior activities, and numerous other recreational activities. We wholeheartedly encourage you to do business in National City. Among a host of services, National City is home to the Southwestern College Higher Education Center, eleven elementary schools, two middle schools, one high school, Plaza Bonita Mall, the Mile of Cars, the award winning Paradise Valley Hospital, Pier 32 Marina, numerous full service banks, places of worship, service stations, fine dining and fast food options, and stores of every type, as well as medical and dental services---- all accessible to you. And, with the assistance of the National City Chamber of Commerce, business opportunities continue to grow. Please get involved. The City often asks for volunteers to serve on boards, commissions, and committees- consider stepping forward; we are always looking for new ideas! Another way to get involved is to participate at Neighborhood Council meetings which provide a forum to discuss civic issues and improve and expand services to residents. To learn more about the all of the activities we have mentioned and much more, log on to our website, www.nationalcityca.gov, or find us on Facebook and Twitter. We look forward to meeting you. Please also feel free to visit City Hall to let us know you are new to National City or feel free to contact any of our City Council members at (619) 336-4241. We are excited you have chosen National City. It's a great place to live! Warm regards, Attachment: Community Quick Guide Boards a Commissions City Council and CDC Redevelopment First and Third Tuesday of every month 6:00 p.m.— City Council Chambers Civil Service Commission Second Thursday of every other month 5:30 p.m.— MLK Conference Room Community & Police Relations Commission Second Thursday of Feb, May, Aug, Nov 6:00 p.m.— City Council Chambers Housing & Community Development Committee Second Wednesday of every month 5:30 p.m.— MLK Conference Room Library Board of Trustees Second Wednesday of every month 4:30 p.m. National City Public Library Parks, Recreation & Senior Citizen Advisory Board (PRAB) Third Thursday of every month 4:00 p.m.— MLK Conference Room Planning Commission First and Third Mondays of every month 6:00 p.m.— City Hall Council Chambers Public Art Committee Fourth Tuesday of Jan, April, July, Oct 3:00 p.m. -City Hall Large Conference Room Street, Tree and Parkway Committee Third Thursday of every month, 3:00 p.m.— Public Works Conference Room Traffic Safety Committee Second Wednesday of every month 2:00 p.m.— City Hall Conference Room Monthly Schedule of Meetings: Northside First Wednesday, 6:30pm MLK Community Center- South Room 140 E. 12th Street Granger First Thursday, 6:30pm Granger Jr. High School -Library 2020 Van Ness Avenue Central Second Wednesday, 6:30pm MLK Community Center- South Room 140 E. 12th Street Eastside Second Thursday, 6:30pm Paradise Village Boardroom 2700 E. Fourth Street Olivewood Third Wednesday, 6:30pm MLK Community Center- South Room 140 E. 12th Street Old Town Third Thursday, 6:30pm Casa de Salud 1408 Harding Avenue Sweetwater Heights Fourth Wednesday, 6:30pm 7th Day Adventist Church 3737 Sweetwater Road • Community Quick Guide Most commonly Requested City Phone Numbers City of National City For More Information Call: (619) 336-4290 Or visit our website at: www.nationa IcItyca.gov Police (Emergency) Fire (Emergency) Paramedics (Emergency) 24-Hour Non -Emergency Police Building & Safety Dept Building Permits Code Conformance Graffiti Hotline Temporary Use Permits City Attorney Risk Manager -Claims City Clerk City Manager Community Development Section 8 Housing Program Community Services Neighborhood Councils Recreation Engineering Storm Water Hotline Finance Treasurer Fire Department Fire Marshal/Inspector Public Education Office Fire Emergency (619) 336-4411 (619) 336-4210 (619) 336-4210 (619) 336-4364 (619) 336-4545 (619) 336-4364 (619) 336-4220 (619) 336-4370 (619) 336-4228 (619) 336-4240 (619) 336-4250 (619) 336-4254 (619) 336-4290 (619) 336-4289 (619) 336-4290 (619) 336-4380 (619) 336-4389 (619) 336-4330 (619) 336-4340 (619) 336-4550 (619) 336-4550 (619) 336-4550 9-1-1 Phone Numbers Human Resources Employment Opportunities Library Mayor & City Council Planning Police Dept Dispatch Animal Control Parking Enforcement Traffic Division Vehicle Abatement Gang Enforcement Public Works Dept Equipment Maintenance Facilities Maintenance Parks Maintenance Sewer Maintenance Street Maintenance Tree Maintenance After Hours Emergency 24-Hour Hotlines (Message) Graffiti Removal Gang Enforcement Stormwater Employment Opportunities Recreation Centers Camacho Gym Casa de Salud El Toyon Kimball Senior Center Las Palmas Municipal Pool Senior Nutrition Center (619) 336-4300 (619) 336-4306 (619) 470-5800 (619) 336-4235 (619) 336-4310 (619) 336-4400 (619) 336-4411 (619) 336-4478 (619) 336-4364 (619) 336-4420 (619) 336-4442 (619) 336-4264 (619) 336-4580 (619) 336-4589 (619) 336-4585 (619) 336-4588 (619) 336-4586 (619) 336-4586 (619) 336-4580 (619) 336-4411 (619) 336-4545 (619) 336-4264 (619) 336-4389 (619) 336-4306 (619) 336-6756 (619) 336-6757 (619) 472-6486 (619) 336-6754 (619) 336-6758 (619) 336-6750 Getting Started Resources San Diego Police Dept 24-Hour Non -Emergency Dispatch San Diego Sheriff's Office 24-Hour Non -Emergency Dispatch National City Chamber of Commerce National School District Grades K-6th Sweetwater Union High School District Grades 7th-12th National City Middle School Granger Jr. High School Sweetwater High School National City Adult School Southwestern College CALTRANS EDCO SDG&E Sweetwater Authority National City Cable Cox Cable (619) 531-2000 (858) 565-5200 (619) 477-9339 (619)336-7510 (619) 691-5500 (619) 336-2600 (619) 472-6000 (619) 336-7009 (619) 336-9400 (619) 421-6700 (619) 688-6670 (619) 474-8855 (800) 411-7343 (619) 420-1413 (619) 472-2253 (619) 262-1122 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: November 20, 2012' AGENDA ITEM NO.44 ITEM TITLE: Resolution of the Community Development Commission- Housing Authority of the City of National City authorizing the Chairman to execute a Subordination Agreement allowing a new mortgage not -to -exceed $155,000 to be and remain a Tien prior and superior to a First -Time Home Buyer assistance loan on a single -unit property located in National City PREPARED BY: ,KCarlos Aguirr Co m. Dev. Specialist II' DEPARTMENT: Housiand Grants PHONE: 619 336-4391 APPROVED EXPLANATION: The Community Development Commission -Housing Authority of the City of National City (CDC -HA) made a loan for $189,426 from the HOME Investment Partnerships Program to Lonnie D. Littleton ("Borrower") on 6/19/2009 to assist the Borrower in the purchase of single-family residence located at 200 Visayan Street in National City. The CDC -HA loan is fully deferred as long as the residence is occupied by the Borrower and the Borrower performs under all other Covenants and Agreements contained in the Deed of Trust of the CDC -HA loan and is due upon the sale or transfer of title. The Borrower is interested in refinancing the first lien on the property and has been approved for a new loan with Bank of America ("Lender"). The Lender is requiring that the CDC -HA execute a subordination agreement allowing the new loan to hold superior position to the CDC -HA issued loan. The CDC -HA loan will maintain second lien position on the property. The purpose of the refinance is to allow the Borrower to reduce the interest rate paid to a fixed 3.75% interest and there will be no cash proceeds to the Borrowers through the refinance. Staff has satisfactorily reviewed the preliminary title report, new loan terms, and estimated HUD-1 closing statement that outline the closing costs of the transaction. The CDC-HA's legal counsel will be provided the new Qeed of Trust to review and approve before the Subordination Agreement is executed by the CDC -HA. / FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this request. ENVIRONMENTAL REVIEW: Entering into the subordination agreement is exempt from environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends the adoption of a resolution to execute the Subordination Agreement; BOARD / COMMISSION RECOMMENDATION: there is no board or commission recommendation required for the Subordination Agreement. ATTACHMENTS: 1. Draft Subordination Agreement between the CDC -HA and Borrower RESOLUTION NO. 2012 — 11 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBORDINATION AGREEMENT ALLOWING A NEW MORTGAGE NOT -TO -EXCEED $155,000 TO BE AND REMAIN A LIEN PRIOR AND SUPERIOR TO A FIRST-TIME HOMEBUYER ASSISTANCE LOAN ON A SINGLE -UNIT PROPERTY LOCATED IN NATIONAL CITY WHEREAS, the Community Development Commission — Housing Authority of the City of National City ("CDC -HA") made a loan of $189,426 ("CDC -HA Loan") issued from the HOME Investment Partnerships Program to Lonnie D. Littleton ("Borrower") on June 19, 2009 to assist an eligible household in the purchase of a single-family house located at 200 Visayan Street in National City (the "Property"); and WHEREAS, the CDC -HA Loan is fully deferred as long as the residence is owned and occupied by the Borrower, and the Borrower performs under all other Covenants and Agreements contained in the Deed of Trust of the CDC -HA Loan; and WHEREAS, the Borrower is interested in refinancing the debt on the property and has been approved for a new loan with Bank of America (the "Lender") that requires the CDC -HA to execute a Subordination Agreement allowing the new loan to hold superior position to the CDC -HA Loan that will maintain second lien position on the Property; and WHEREAS, the purpose of the refinance is to allow the Borrower to reduce the interest rate from 5.00% to 3.75% with no cash proceeds to the Borrower through the escrow tied to the refinance; and WHEREAS, maintaining a second lien position pursuant to the Borrower refinancing to a lower interest rate without cash -out acts to further preserve and secure the CDC -HA interest in the Property. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission — Housing Authority of the City of National City hereby authorizes the Chairman to execute a Subordination Agreement in favor of a new First Trust Deed with Bank of America as beneficiary. After being recorded by the County of San Diego, said Subordination Agreement will be on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of November, 2012. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Leslie Deese, Secretary Claudia Gacitua Silva CDC General Counsel Attachchment No. 1 SUBORDINATION AGREEMENT TITLE ORDER NO. 01-12121691-04C ESCROW NO. APN NO. 551-650-28-00 NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made , by LONNIE D. LITTLETON owner of the land hereinafter described and hereinafter referred to as "Owner;" and THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary;" WITNESSETH THAT WHEREAS, LONNIE D. LITTLETON did execute a deed of trust, dated 02/05/2009, covering: SEE ATTACHED EXHIBIT A to secure a note in the sum of $189,426.00, in favor of THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY which deed of trust was recorded in DOCUMENT NO. 2009- 0336273, on 06/19/2009, Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the sum of $154,151.00 dated , in favor of BANK OF AMERICA, N.A. hereinafter referred to as "Lender," payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien of charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender; and Attachchment No. l APN: 551-650-28-00 WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited, those provisions, in any, contained in the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that: (a) She/He consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan: (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or sue of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) She/He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination, specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (d) An endorsement has been placed upon the note secured by the deed of trust first above -mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. --- Signatures on Pages to Follow --- Attachchment No. 1 APN: 551-650-28-00 NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN, A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. BENEFICIARY: THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY BY NAME: TITLE: STATE OF CALIFORNIA COUNTY OF On , before me , a Notary Public, (insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SIGNATURE OF NOTARY) SEAL Attachchment No. 1 OWNER: LONNIE D. LITTLETON STATE OF CALIFORNIA COUNTY OF On , before me , a Notary Public, (insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SIGNATURE OF NOTARY) SEAL Attachchment No. 1 EXHIBIT A LEGAL DESCRIPTION SITUATED IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, AND STATE OF CALIFORNIA: LOT 28 OF PACIFIC VIEW ESTATES CASE NO. S-2004-16, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15556, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 29, 2007. EXCEPTING AND RESERVING THEREFROM, EASEMENTS FOR MAINTENANCE, ENCROACHMENT, SUPPORT, REPAIR, DRAINAGE, AND ALL OTHER PURPOSES AS DESCRIBED IN THE DECLARATION REFERRED TO BELOW; AND FURTHER EXCEPTING AND RESERVING THEREFROM, SUCH EASEMENTS DESCRIBED IN THE DECLARATION DESCRIBED BELOW AND THE TRACT MAP OF RECORD REFERENCED ABOVE, AND SUCH OTHER EASEMENTS AS MAY BE OF RECORD AS OF THE DATE HEREOF. TAX 10 NO: 551 - 650-28-00 PROPERTY COMMONLY KNOWN AS: 200 VISAYAN STREET, NATIONAL CITY, CA 91950 ITEM #25 11 /20/12 VEHICLE AND PEDESTRIAN ACCESS TO NATIONAL CITY PUBLIC LIBRARY (ENGINEERING) ITEM #26 11 /20/12 $2.5 MILLION PROP 84 STORM WATER GRANT AWARD - "A" AVENUE GREEN STREET AND PEDESTRIAN PATHWAY PROJECT (ENGINEERING) ITEM #27 11/20/12 CLOSED SESSION REPORT (CITY ATTORNEY)